National City City Council
August 16, 2022

AGENDA
Consolidated Regular Meeting
City Council Chamber - 1243 National City
Boulevard, National City, CA
Alejandra Sotelo-Solis, Mayor
Marcus Bush, Vice-Mayor Brad Raulston, City Manager Jose Rodriguez, Councilmember Barry J. Schultz, Interim City Attorney Ron Morrison, Councilmember Luz Molina, City Clerk Mona Rios, Councilmember R. Mitchel Beauchamp, City Treasurer _______________________________________________________________________ The City Council also sits as the City of National City Community Development Commission, Housing Authority, Joint Powers Financing Authority, and Successor Agency to the Community Development Commission as the National City Redevelopment Agency
Thank you for participating in local government and the City of National City Council Meetings.

Meetings: Regular City Council Meetings are held on the first and third Tuesday of the month at 6:00 p.m. Special Closed Session Meeting and Workshops may be same day, the start time is based on needs. Check Special Agendas for times.

Location: Regular City Council Meetings are held in the Council Chamber located at City Hall, 1243 National City Boulevard, National City, CA 91950, the meetings are open to the public.

Agendas and Material: Agendas and Agenda Packet for items listed are available on the City website, and distributed to the City Council no less than 72 hours prior to the City Council Meeting. Sign up for E-Notifications to receive alerts when items are posted.

Public Participation: Encouraged in a number of ways as described below. Members of the public may attend the City Council Meeting in person, watch the City Council Meeting via live web stream, or participate remotely via Zoom. Recording of Meetings are archived and available for viewing on the City’s website.

Public Comment: Persons wishing to address the City Council on matters not on the agenda may do so under Public Comments. Those wishing to speak on items on the agenda may do so when the item is being considered. Please submit a Speaker’s Slip to the City Clerk prior to the meeting or immediately following the announcement of the item. All comments will be limited up to three (3) minutes. The Presiding Officer shall have the authority to reduce the time allotted to accommodate for a large number of speakers. (City Council Policy 104) If you wish to submit written comment email to the City Clerk’s Office at least 2 hours prior to the City Council Meeting to allow time for distribution to the City Council.

Spanish I nterpretation Services: Spanish I nterpretation S ervices a re a vailable, p lease contact the City Clerk prior to the start of the meeting for assistance.

American Disabilities Act Title II: In compliance with the American Disabilities Act of 1990, persons with a disability may request an agenda in appropriate alternative formats as required by Title II. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk’s Office (619) 336-4228 at
least 24 hours in advance of the meeting.

AGENDA
Consolidated Regular Meeting
City Council Chamber - 1243 National City
Boulevard, National City, CA
Alejandra Sotelo-Solis, Mayor
Marcus Bush, Vice-Mayor Brad Raulston, City Manager Jose Rodriguez, Councilmember Barry J. Schultz, Interim City Attorney Ron Morrison, Councilmember Luz Molina, City Clerk Mona Rios, Councilmember R. M
itchel Beauchamp, City Treasurer
_______________________________________________________________________ T
he City Council also sits as the City of National City Community Development Commission, Housing Authority, Joint Powers Financing Authority, and Successor Agency to the Community Development Commission as the National City Redevelopment Agency
Gracias por participar en las reuniones del gobierno local y del Consejo de la Ciudad de National City.

Reuniones: Las reuniones regulares del Consejo Municipal se llevan a cabo el primer y tercer martes del mes a las 6:00 p.m. La reunión especial de sesión privada y los talleres pueden ser el mismo día, la hora de inicio se basa en las necesidades. Consulte las agendas especiales para conocer los horarios.

Ubicación: Las reuniones regulares del Concejo Municipal se llevan a cabo en la Cámara del Consejo ubicada en el Ayuntamiento, 1243 National City Boulevard, National City, CA 91950, las reuniones están abiertas al público.

Agendas y Material: Las Agendas y el Paquete de Agenda para los temas enumerados están disponibles en el sitio web de la Ciudad y se distribuyen al Concejo Municipal no menos de 72 horas antes de la Reunión del Concejo Municipal. Regístrese para recibir notificaciones electrónicas cuando se publiquen artículos.

Participación pública: Se fomenta de varias maneras como se describe a continuación. Los miembros del público pueden asistir a la Reunión del Concejo Municipal en persona, ver la Reunión del Concejo Municipal a través de la transmisión web en vivo o participar de forma remota a través de Zoom. Las grabaciones de las reuniones están archivadas y disponibles para su visualización en el sitio web de la Ciudad.

Comentario Público: Las personas que deseen dirigirse al Concejo Municipal sobre asuntos que no están en la agenda pueden hacerlo bajo Comentarios públicos. Quienes deseen hacer uso de la palabra sobre los temas del programa podrán hacerlo cuando se esté examinando el tema.

Por favo r, envíe una solicitud del orador al Secretario de la Ciudad antes de la reunión o inmediatamente después del anuncio del artículo. Todos los comentarios estarán limitados a tres (3)
m
inutos. El Presidente tendrá la autoridad para reducir el tiempo asignado para dar cabida a un gran número de oradores. (Política del Concejo Municipal 104) Si desea enviar comentarios por escrito, envíe un correo electrónico a la Oficina del Secretario de la Ciudad al menos 2 horas antes de la Reunión del Consejo Municipal para dar tiempo a la distribución al Consejo Municipal.

Servicios de interpretación en español: Los servicios de interpretación en español están disponibles, comuníquese con el Secretario de la Ciudad antes del inicio de la reunión para obtener ayuda.

Título II de la Ley de Discapacidades Americanas: En cumplimiento con la Ley de Discapacidades Americanas de 1990, las personas con discapacidad pueden solicitar una agenda en formatos alternativos apropiados según lo requerido por el Título II. Cualquier persona con una discapacidad que requiera un modificacion o adaptación para participar en una reunión debe dirigir dicha solicitud a la Oficina del Secretario de la Ciudad (619) 336-4 228 al menos 24 horas antes de la reunión.

AGENDA
Consolidated Regular Meeting

Tuesday, August 16, 2022, 6:00 p.m.

City Council Chamber - 1243 National City Boulevard
National City, CA
Pages

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE TO THE FLAG

4. PUBLIC COMMENT
In accordance with State law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to discuss or take action on any issue not included on the agenda. Speakers will have up to three (3) minutes.

5. PROCLAMATIONS AND RECOGNITION

5.1. AMR Clinical Educator Ennis Jackson to recognize Bystander and NCFD for cardiac arrest efforts.

6. PRESENTATION (Limited to Five (5) Minutes each)

6.1. Presentation of Board of Library Trustees Annual Report, 2022-16 5

7. REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes each)

8. CONSENT CALENDAR
The Consent Calendar may be enacted in one motion by the City Council with a Roll Call Vote without discussion unless a Councilmember, a member of the Public, or the City Manager request an item be removed for discussion. Items removed from the Consent Calendar will be considered immediately following the adoption of the Calendar.

8.1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinance on this Agenda

8.2. Approval of City Council Meeting Minutes. 26

8.3. Declaring Findings to Continue to Teleconference Meetings to September 15, 2022, as Required by AB 361.
54 Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, Making the Findings Required by AB 361 to Continue Teleconference Meetings of the City Council and the City Boards, Commissions, and Committees to September 15, 2022.” (City Clerk's Office)

8.4. League of California Cities Annual Conference – Designation of Voting Alternate
57 Adopt a Resolution entitled, Resolution of the City Council of the City of National City, California, Designate City Manager Raulston as the Voting Alternate to Represent the City of National City at the 2022 League of California Cities Annual Conference and Business Meeting.

8.5. City Council Meetings Schedule for December 2022 and January 2023, 2022- 06 (City Clerk's Office)
60 Recommendation:

The City Council adopt a motion dispensing with the Tuesday, December 20, 2022, and Tuesday, January 3, 2023, Regular Meetings of the City Council; and adjourn the Regular Meeting of Tuesday, December 6, 2022 to the next Regular Meeting to be held on Tuesday, January 17, 2023. A Special Meeting will be called for Tuesday, December 13 at 6:00 p.m. (City Clerk's Office)

8.6. New Job Classifications, amending the National City Municipal Employees Association (NCMEA) Salary Schedule, and the Management Salary Schedule. (Human Resources)
61 Recommendation:

Creating two (2) new job classifications and amending the National City Municipal Employees Association (NCMEA) Salary Schedule, and the Management Salary Schedule.”

8.7. Execute Program Supplement Agreement (PSA) No. A062 with the State of California Department of Transportation (Caltrans) - Highland Ave. Inter-City Connection Project to allow for reimbursement of up to $58,000 in Active Transportation Program Grant Fund
76

8.8. Reject all Bids Received May 12, 2022, Accept Bids Received July 20, 2022, Authorize Appropriation, and Award Contract to California Commercial Pool, Inc. - Las Palmas Swimming Pool Renovation Project, CIP No. 22-01. 87 Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, 1) rejecting all bids received on May 12, 2022, for the Las Palmas Swimming Pool Renovation Project, CIP No. 22-01; 2) accepting the bids received on July 20, 2022; 3) authorizing the appropriation of additional funds in amount of $660,907 from the remaining balance of American Rescue Plan Act (ARPA) fund; 4) awarding a contract to California Commercial Pool, Inc., in the not-to-exceed amount of $3,206,850 for the Las Palmas Swimming Pool Renovation Project, CIP No. 22-01; 5) authorizing a 10% contingency in the amount of $320,685 for any unforeseen changes; and 6) authorizing the Mayor to execute the contract. (Eng-Civil)

8.9. Notice of Decision – Planning Commission approval of a Conditional Use Permit for on-site distilled spirits sales and live entertainment located at 2325 Highland Ave. (Case File No.: 2022-08 CUP)
118
Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. (Community Development - Planning)

8.10. Notice of Decision – Planning Commission approval - Conditional Use Permit off-sale beer & wine (Type 20) existing retail store (99 Cents Only) located at 1320 Highland Ave. adding condition to keep product locked up while not on the sales floor.
166
Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. (Case File No.: 2022-16 CUP) (Community Development – Planning)

8.11. Accept SDG&E’s 2022 SAFE San Diego Grant Program Award of $2,500 for the City’s CERT Program.
205

8.12. Request to Initiate a Local Coastal Plan (LCP) Amendment for the update of the City’s LCP Land Use Plan and Implementation documents for consistency with Title 18 (Zoning) of the National City Municipal Code. 209
Approval of the request. (Community Development)

8.13. Warrant Register #1 for the period of 7/1/22 through 7/7/22 in the amount of $1,595,251.79.
213

8.14. Warrant Register #2 for the period of 7/8/22 through 7/14/22 in the amount of $2,111,769.78.
218

8.15. Temporary Use Permit – Spirit Halloween retail tent store hosted by Spirit Halloween at Westfield Plaza Bonita Mall from September 4, 2022 through November 15, 2022 with no waiver of fees.
221
Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees or in accordance to City Council Policy 802. (Community Development)

9. PUBLIC HEARING

9.1. Public Hearing – Conditional Use Permit Modification for the addition of live entertainment and modified operating hours at an existing public market (Market on 8th) located at 41 East 8th Street.
250
Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. (Community Development)

10. STAFF REPORTS

10.1. Adopt the Resolution, setting Property Tax Rate for Library General Obligation Bond Property Tax Rate 2023 at .572 cent.
342
Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, setting Property Tax Rate for Library General Obligation Bond Property Tax Rate 2023 at .572 cent.” (Finance)

10.2. Citywide Recruitment and Retention Update 346

10.3. Public Meeting Protocols – In-Person and Teleconference Meetings 347 Discuss and provide staff recommendation.

11. CITY MANAGER’S REPORT

12. ELECTED OFFICIALS REPORT

13. CITY ATTORNEY REPORT

14. ADJOURNMENT
Regular Meeting of the City Council of the City of National City - Tuesday, September 6, 2022 - 6:00 p.m. - Council Chambers - National City, California.

AGENDA REPORT

Department: Library and Community Services
Prepared by: Joyce Ryan, Library & Community Services Director Meeting Date: Tuesday, August 16, 2022
Approved by: Brad Raulston, City Manager

SUBJECT:

Presentation of Board of Library Trustees Annual Report

RECOMMENDATION:

Receive and file NCPL Board of Library Trustees Annual Report FY 21-22

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Board of Library Trustees approved at regular meeting of August 3, 2022.

EXPLANATION:

National City Public Library’s Board of Library Trustees is required to provide an annual report to the City Council in the month of August. Chair Margaret Godshalk will present highlights from this year’s annual report.

The past year has brought significant changes to the Library. Fine free borrowing has been implemented through Circulation, laptops and hotspots are available for checkout to patrons, and a new mobile app has given patrons a more convenient way to access library materials. Although our circulation statistics and library visits are lower than they were pre -pandemic, they are improving and we hope to see more of our patrons come back to the library in the coming year.

FINANCIAL STATEMENT:

N/A

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Parks, Recreation and Library

ENVIRONMENTAL REVIEW:

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

PUBLIC NOTIFICATION:

Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.

ORDINANCE:

Not Applicable

EXHIBITS:

1. Presentation – BOLT Annual Report FY22

2. NCPL Board of Library Trustees Annual Report FY 21-22

City of National City

NATIONAL CITY PUBLIC LIBRARY

BOARD OF LIBRARY TRUSTEES ANNUAL REPORT
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Library Statistics
• 18,019 Active Library Borrowers
• 37,038 Checkouts
• 50,385 Library Visits
• 3,067 Program Participants
• Collection Size: 215,000 volumes

Operational Highlights
• Fine-Free Borrowing
• Library Mobile App
• Tech To Go Laptop and Hotspot Loan Program
• State-funded ESL Program
• “Now & Then” NSD Exhibit

Program Highlights
• Halloween Booktacular
• Holly Jolly Bookfest
• Dia de los Ninos
• STEAM Programs for Youth
• Summer Reading Program

Questions?

Library Board of Trustees
ANNUAL REPORT 2021-2022
National City Public Library

August 2022

National City Public Library Annual Report 1 Table of Contents
Letter from the Director......................................................................................................................................... 2 Administration ....................................................................................................................................................... 4 Library Mission .......................................................................................................................................................... 4 Staffing ...................................................................................................................................................................... 4 Year in Review Operating Highlights – Data Snapshot .............................................................................................. 5 Library Highlights and Partnerships .......................................................................................................................... 6 Public Services ....................................................................................................................................................... 9 Children’s Services .................................................................................................................................................... 9 Programming and Services ................................................................................................................................... 9 Adult and Young Adult Services .............................................................................................................................. 10 Programming and Services ................................................................................................................................. 10 Circulation ............................................................................................................................................................... 10 Programming and Services ................................................................................................................................. 10 Literacy ................................................................................................................................................................ 11 Adult Literacy .......................................................................................................................................................... 12 Programming and Services ................................................................................................................................. 12 Support ................................................................................................................................................................ 13 Automated Services ................................................................................................................................................ 13 Programming and Services ................................................................................................................................. 13 Technical Services ................................................................................................................................................... 14 Programming and Services ................................................................................................................................. 14

National City Public Library Annual Report 2 LETTER FROM THE DIRECTOR

Dear Library Supporters –

This has been a year of significant changes to the National City Public Library. From leadership changes to Fine Free Borrowing, Library staff and patrons have welcomed growth and expansion during the year.

In July 2021, I was selected to serve as Library & Community Services Director for the City of National City. I bring over 20 years of library experience to the position and I value the level of service and dedication that our staff members have towards our patrons. The staff and I are committed to making the National City Public Library the very best it can be for our residents.

Starting in June 2021, the Library opened
its doors again following its closure due
to COVID-19. The Library opened for 31
hours per week and attendance was
initially minimal. However, month by
month, more patrons began returning to
the Library to access materials,
computers, and assistance. Last year, we
saw over 50,000 patron visits to the
Library, and we anticipate an even
greater number this coming fiscal year.

Although circulation figures are far below
what they have been in prior years, our
statistics show that we had almost double
the number of checkouts this year
compared to last year.

To welcome our patrons back to the Library, the Board of Library Trustees approved a staff recommendation for a Fine Free Borrowing policy. The City Council subsequently approved the new policy on May 3, 2022. With this policy, the Library no longer charges late fines for overdue materials, putting our library in line with the vast majority of other libraries in the County.

Community outreach is an important component of the Library’s mission. This past year, we have worked to create connections with community groups and organizations, allowing us to extend the reach of traditional services and promote the library to the greater public. A Community Connections grant awarded by the California State Library enabled Adult Reference staff to create a comprehensive outreach program to learn and connect our patrons with needed local social services. In addition, the Library participated for the first time in “A Kimball Holiday” celebration – bringing even more visibility to the Library and creating connections with community members outside of our walls.

Another significant outreach effort was seen in the art exhibition “Now & Then,” which featured art and videos created by students in the National School District celebrating its 150th anniversary. The Library staff was excited about the opportunities to connect with the District and anticipate additional collaboration in the coming fiscal year.

Our Literacy Program offers a unique setting for adults to achieve their literacy goals an d lifelong learning efforts.

This year, the California State Library re-opened its funding applications for English as a Second Language (ESL) programs, and staff quickly applied for the funding. As a result, the State Library awarded our Literacy program over $9,000 to teach ESL to adults. This is in addition to our generous grant award for Adult Literacy.

National City Public Library Annual Report 3 This year we also began the foundational work for much-needed updates to the library’s technological infrastructure. During the prior fiscal year, the Library had been awarded a $135,000 grant from the State Library for increased high-speed bandwidth, increasing our upload/download speed from 1 Gig to 10 Gig s. This grant continued through the fiscal year and allowed patrons to access resources through the Library much faster than before. In addition, a Library mobile app was created using grant funds from the State Library that brings a convenient searchable catalog to our patrons’ fingertips. The Library also received grant funds to purchase laptops and hotspots for patron borrowing.

The end of the fiscal year has seen relief
from most masking requirements and
allowed the Library to start opening for
programs. The Library’s Summer Reading
Program started at the beginning of June
2022, and the Friends of the National City
Library graciously funded all performers
and supplies for the program. Library staff
also collaborated with our Recreation
team to bring STEAM programming to our
Casa de Salud Summer Camp participants
through funding provided by the State
Library.

Looking forward to the next fiscal year,
the Library is creating a new discovery
layer for its electronic catalog user
interface. In addition, funds have already
been budgeted to purchase new self-checkout kiosks. Finally, the Library will be opening its doors for additional hours starting August 1 and creating more opportunities to welcome back our community members.

Respectfully,

Joyce Ryan
Library & Community Services Director
National City Public Library
City of National City

We would like to give special thanks to our Board of Library Trustees  Margaret Godshalk, Chair
 Bradley Bang, Secretary
 Sherry Gogue, Trustee
 Coyote Moon, Trustee
 Anzueth Zambrano, Trustee

National City Public Library Annual Report 4 ADMINISTRATION
The National City Public Library Administration Team directs the library’s operations. These operations include maintaining a balanced budget, managing and developing staff, resource management, performing outreach, liaising with community organizations, and enhancing library services. In addition, this team collaborates with our Board of Library Trustees to set policy and guide the Library in its mission.

The Administration Team also collaborates with other departments within the City and fosters partnerships with organizations such as the Friends of the Library. The Friends of the Library has continued to provide financial support for library programs and cultural events to serve the diverse needs of this community.

Library Mission
Recognizing our community’s cultural, linguistic, and economic diversity, the National City Public Library serves all the community residents’ informational, educational, social, and recreational needs. We support lifelong learning, personal enrichment, and empowerment by providing access to a variety of materials and current technology, a team of courteous and knowledgeable staff, and a welcoming environment that contributes to the quality of life in National City.

Staffing
City Librarian Minh Duong retired after almost 15 years of service with the City of National City, first as Principal Librarian and then City Librarian. Her last official day was July 1, 2021. With her retirement, the City combined the Library and a separate department, Community Services, into one department – the Library & Community Services Department.

The new Library & Community Services Director, Joyce Ryan, was hired and began working for the City of National City on July 19, 2021, after an extensive interview process. The three interviews included panels featuring a Library Board member, a Public Art Committee member, and subject matter experts. The new department is responsible for all library operations, management, and oversight of Recreation, Senior Services, Cultural Assets, and the Public Art Program. In addition, the expanded department allows for more opportunities for collaboration and community connections.

Recruitments were opened for two vacant positions on the Library staff: Administrative Secretary and Senior Library Technician for Technical Services. After application review and interviews, Sarah Ruiz was appointed to the Administrative Secretary position. A National City resident, she is a 19-year veteran of the State Department consulate in Tijuana. In addition, after application review and interviews, Tiffany Roberts was chosen for the position of Senior Library Technician. She brings a wealth of cataloging knowledge to her position and has experience with cataloging historical objects, in addition to typical library materials.

Senior Library Technician for Circulation, Maria Marmolejo, celebrated 35 years of service at the Library – 4 years of part-time and 31 years of full-time service. In addition, Children’s Services Part-Time Library Technician Edgardo Santos marked ten years of working for the Library.

National City Public Library Annual Report 5 Year in Review Operating Highlights – Data Snapshot
Data Snapshot

FY 2019-2020*
07/2019 – 06/2020
12-Month Data - Actual
FY 2020-2021*
07/2020 – 06/2021
12-Month Data - Actual
FY 2021 -2022
07/2021 – 06/2022
12-Month Data - Actual
Hours Open 1,638
1782 (curbside)
1512 (Computer Center)
891 (Literacy ESL classes)
54 (fully open)
1,550
Visitors to the Library 107,228 18,624 50,385
Website Visits 80,109 51,340 30,179
Collection Size
(Print) 204,284 229,380 214,289
Collection Size (Electronic) 543,618** 1,087,409** 136,654 Active Library Cards 27,484 22,710 18,019
eCards 238 5,911 6,082
Print Check Out 68,061 10,379 37,038
Digital (eBook) Check
Out 5,792 6,307 4,164
Reference Questions
(includes LHR and Tech) 48,609 10,744 8,406
Computer Sessions 32,611 4,398 9,332
Wi-Fi Sessions 13,028 6,246 8,198
All Programs 1,280 238 3,067
Program Attendance
(in person) 12,765 9 590
Online Program
Attendance
(Includes virtual, remote, and
drive-thru programs)
0 10,217 2,477
Computer Classes / ESL/
Tutoring Attendance
150 classes / 496
attendees
360 classes /613
attendees
22 classes/ 120 attendees
(108 online)
Volunteer Hours 4,660 226 766.5
* Library Closure in effect March 14, 2020, due to COVID ** Some Electronic collections are part of the library consortium’s collection

National City Public Library Annual Report 6 Library Highlights and Partnerships
Fine Free Borrowing
On May 3, 2022, the City Council approved the
Board of Library Trustees’ recommendation for
the Fine Free Policy at the National City Public
Library. The policy went into effect immediately,
and patrons were excited about the change. This
Fine Free Policy allows the Library to align with
other local libraries that have stopped charging
late fines for overdue library materials.

Library Mobile App
In May 2022, the National City Public Library
launched its own mobile app. The mobile app
works in tandem with our electronic catalog, and
patrons can experience the convenience of
utilizing the mobile app for searching the library
catalog or finding e-materials and checking them
out on the spot!

National School District – “Now & Then” Exhibit
The Library partnered with the National School
District to feature an art exhibit in the Library
created by students celebrating the 150th
anniversary of the school district. Staff created a
launch for the exhibit with District staff to
welcome our students and parents. Two separate
exhibits were showcased in the Library through
the end of June 2022. The art was then stored in
the Local History Storage for cataloging and
preservation.

STEAM Programs
Our STEAM programs are still going strong, thanks
to partnerships with local school districts, FLEET
Science Center, Stephen Birch Aquarium, and
many other co-partners of the National City
STEAM Collaborative to create and provide the
National City 16 Weeks of STEAM programming. In
addition, NCPL collaborates on offering fun STEAM
activities for our local children and their families
through this project.

National City Public Library Annual Report 7 Library Programs
Halloween Booktacular Event: Cars lined up in the parking lot for the Halloween Booktacular event in October.

With the help of the Council on Literacy and the Molina Foundation, Library staff distributed books to our community’s children during Halloween. A total of 600 book bags were distributed to families at our drive-thru event!

Holly Jolly Book Fest: This popular drive-through event featured Santa Claus waving to each passing car. Over 700 book bags were given to local children for the holiday season thanks to our partnership with the Council on Literacy.

National City Public Library Annual Report 8 Little Free Libraries
The National City Public Library received a generous donation of two Little Free Libraries from San Diego County.

Library staff partnered with A Reason to Survive (ARTS) to install art on these new small libraries. Artists Omar Quintero and Rob Tobin created unique art pieces to enjoy. The Little Free Libraries have been installed at Sweetwater Heights Park and Las Palmas Park and are stewarded by the Library and Friends of the National City Library.

National City Public Library Annual Report 9 PUBLIC SERVICES
The Children’s Room is staffed with professionals trained in children’s services. The Library makes children’s services a priority to instill a habit of lifelong learning. Studies show that establishing an early and strong reading foundation provides many advantages to children throughout their lifetime. Chil dren’s services include storytimes, reader’s advisory, crafts, and other programs that support literacy and encourage the love of reading. T he trained staff offers guidance to parents so that parents can assist their children in selecting reading materials to develop their reading habits. In addition, children’s staff model reading to children through storytimes so that parents can observe and learn how to foster the love of reading at home.

Reference provides information to its patrons by finding information, assisting in using the library, fielding requests for information, conducting literature searches, and maintaining and updating the catalog.

A wide range of services are available at the National City Public Library in -person and online. Patrons can apply for a library card, check out and return library materials, pick up materials they have reserved, or put them on hold. In addition, a library card gives patrons access to library computers, databases, eBooks, eMaterials, audiobooks, DVDs, and Blu-Rays.

Children’s Services
Annual Statistics
957 Booktacular Participants 732 Holly Jolly Participants 112 Dia De Los Niños Participants 94 Summer Reading Program Participants 2,197 Children’s Craft Participants 250 Outreach Participants Programming and Services
Children’s Services worked hard this past year to create exciting programs for our youngest patrons . Although we started the year with drive-through events, we ended with exciting on-the-ground programs for our community’s families.

Cars lined up in the parking lot for the Halloween Booktacular event in October. With the help of the Council on Literacy and the Molina Foundation, Library staff distributed books to our community’s children during Halloween.

A total of 600 book bags were distributed to families at our drive-thru event. The Holly Jolly Book Fest was a popular drive-through event that featured Santa Claus waving to each passing car. Over 700 book bags were given to local children for the holiday season thanks to our partnership with the Council on Literacy.

With funding from our generous Friends of the National City Library, the Library staff held a Dia de Los Niños event featuring Federico Guerrero’s Folklorico dance troupe, a piñata craft, and a free book for each child in attendance.

The Friends also funded our Summer Reading performers and supplies, ensuring a popular and exciting Summer Reading experience.

National City Public Library Annual Report 10 Adult and Young Adult Services
Annual Statistics
213 Monthly Teen Crafts Participants 36 Teen Leadership Program Participants 61 Summer Reading Program Participants 27 NC Connects Participants

Programming and Services
Our Reference Librarians have provided needed services to our community members all year. This past year, they completed work on a grant-funded project, Community Connections “NC Connects,” which allowed them to explore local social services that could be shared with patrons requiring those services. In addition, they have provided in-depth reference assistance to community members, assisting them in finding the local organizations that can provide needed help. From food pantries and community closets to diaper distributions and senior services, our reference librarians have been able to make an impact on our patrons’ daily lives.

In addition, our reference team also provides craft supplies to keep hands busy and entertained. Every month, crafts are available for teen and adult participants to enjoy. Approximately 400 c rafters took advantage of this service this past year.

Our Reference Librarians are also in charge of collection development and have worked diligently to order 15,000 new titles to our shelves this past year. Staff is working towards adding items to all of our genres, refreshing the collection throughout the Library.

Circulation
Annual Statistics
37,038 Circulation of Physical Items 18,019 Active Library Cards

Programming and Services
The Board of Library Trustees approved the Library’s Fine Free Borrowing Policy on May 3, 2022. The City Council subsequently approved the policy at their meeting on May 3, 2022. This Fine Free Policy allows the Library to align with other local libraries that have stopped charging late fines for overdue lib rary materials. The new policy allows for up to three automatic renewals, depending on the type of library material. In addition, patrons are given thirty days after the item has been marked as overdue before being charged for item replacement.

Prior to the Fine Free policy approval, patrons were charged $.25 - $3.00 per day per item in late fines. As a result, patrons have noted to staff that they are less anxious when checking out library materials and are checking out additional items. In addition, staff has noted that they have minimized the number of complaints and challenging interactions with patrons and can focus on providing more positive customer service.

The following special items have been made available for checkout this past year:
 The Tech to Go laptop and hotspot loan program has enabled many patrons to check out and enjoy the use of a laptop, hotspot, or both. The Library currently has 44 Chromebooks (25 with built -in wireless) and 19 hotspots available for patron borrowing.
 California Parks Pass Program enables patrons to borrow a pass to any of our California State Parks, enabling our patrons to visit State Parks for free. This program was made possible by a joint initiative of

National City Public Library Annual Report 11 the California State Library and the California State Parks. The Library currently has five passes available for checkout.
 Nature Exploration Backpacks are also available for checkout. These backpacks are made possible through a donation from the San Diego Foundation and Live Well San Diego to help everyone explore the great outdoors!

LITERACY
Our Literacy Program offers a unique setting for adults to achieve their literacy goals, gain technology literacy, learn ESL, earn high school diplomas and career certificates, and develop the workforce readiness skills they ne ed to succeed in the 21st century. Due to COVID-19, this program moved classes and services to a virtual environment.

Within the past few years, Literacy staff developed an ESL component emphasizing conversation and comprehension. This year, the California State Library re-opened its funding applications for ESL programs, and staff quickly applied for the funding. As a result, the State Library awarded our Literacy program over $9,000 during the year’s second half to teach adults ESL. This will be an ongoing program funded by the State Library.

For most of our patrons, digital empowerment is critical to their lifelong learning and continued success. In order to support digital and informational access, getting an education to upskilling and lifelong learning to secure employment, file taxes, and stay in touch with family – digital empowerment is all about keeping people better connected. National City Public Library is proud to serve as a gateway and vital community anchor institution for digital inclusion, digital advancement, and equitable access to information and resources.

National City Public Library Annual Report 12 Adult Literacy
Annual Statistics
ESL Basic
Class #1
ESL Basic
Class #2
ESL
Conversation
Circle
Online Basic
Computer
Classes
Excel Classes PowerPoint
Classes
Tech Lending
Program
5 classes 1 class 2 classes 8 classes 3 classes 3 classes 148 checkouts and renewal
71 sessions 44 sessions 43 sessions 147 sessions 22 sessions 17 sessions 137 laptop checkouts
27 online
learners
5 online
learners
16 online
learners
26 online
learners
6 online
learners
6 online
learners
129 hotspot
checkouts
60 learners

Programming and Services
All classes and services were held virtually this past year. The regular operation consists of one-on-one tutoring or small group instruction sessions. However, our literacy program takes things a few notches higher by offering a plethora of classes and workshops:
 Adult Basic Education (ABE) – classes are for adults at the elementary level (to grade 8) and focus on basic literacy and computational skills.
 Adult Literacy programs help English-speaking adults improve their reading, writing, and communication proficiency and math skills to reach their potential as workers, parents, community members, and life - long learners.
 English as a Second Language (ESL) – There were four sessions of Basic ESL classes for non-native English- speaking adults who want to improve their writing and writing skills. Each session was two months in length.
 Workforce Literacy – Tutors held virtual programs and services that helped adults find employment, move into a new job, or enter trade-based training programs.  Computer Literacy – Four 6-week classes were held on the following topics: basic computer skills, Excel basics, Zoom Basics, and PowerPoint basics. 267 learners attended the classes.  Preparation for various tests/exams such as GED (General Educational Development), HiSet (High School Equivalency Test), ASVAB (Armed Services Vocational Aptitude Battery), and Citizenship Exam.  In addition to GED and HiSET test preparation tutoring, Career Online High School, an educational service offered by Smart Horizons and endorsed by the California State Library, allows adults lacking a high school diploma to earn an accredited high school diploma and credentialed career certificate at the same time. In partnership with the County of San Diego Library, National City Library offers a $2,500 scholarship to defray the program costs.

National City Public Library Annual Report 13 SUPPORT
Automated Services and Technical Services are the underpinning s by which all our technology functions within the Library. These sections are responsible for the continued operation of our electronic catalog, the uploading of full records, and patron access to our digital resources.

The Computer Center is a staffed computer lab where patrons can come in to use the computers, internet, scanners, and printer/copier. In addition, the Computer Center has staff available to assist library patrons with using the technology and answering their questions. The Tech Lab is not currently holding classes but is serving the patrons by printing their 3D files free of charge and guiding users to resources for learning 3D design and printing.

Automated Services

Annual Statistics
58 3D Prints 5,145 Instruction Questions
30,179 Online Visits 9,332 Computer Sessions
6,082 eCards 4,164 Digital Checkouts

Programming and Services
Automated Services’ staff completed a number of important projects this past year. They ordered and prepared all laptops and hotspots for patron use through our Tech To Go program. In addition, they assisted Circulation staff with training on laptop/hotspot troubleshooting and circulation procedure. The State Library and the Federal Communications Commission (FCC) provided funding for the Tech To Go program .

Starting in Spring 2022, staff also worked on the Library Mobile App project. Staff worked with SirsiDynix to develop a mobile app that would tie in with the National City Public Library’s electronic catalog. Funded by a grant from the State Library, staff worked to complete the project by June 2022. This project involved developing, troubleshooting, testing, and launching the mobile app. Staff also created a training video and gave presentation s on its functionality.

Automated Services’ staff are also responsible for running the Computer Lab and ensuring the Library’s computers are functional for patrons. Staff also ensure the viability of the Library’s electronic resources, databases, e- materials, and media.

Although there is a noticeable decrease in electronic media, this is due to the State Library no longer funding access to certain electronic resources.

National City Public Library Annual Report 14 Technical Services

Annual Statistics
14,910 Library Materials Added

Programming and Services
This past year, our Technical Services staff have been working towards enhancing the bibliographic records in our electronic catalog. For example, new collection codes have been created for “New” library materials that allow administrative personnel to better assess the number of titles in that section and track circulation statistics. In addition, new processes in this section have allowed for a more streamlined workflow. Staff is also creating new genre sections for Mystery and Science Fiction, which will be launched in the coming fiscal year.

Staff is also exploring Custom Library Service through Baker & Taylor, our primary library materials vendor, to receive books already cataloged and “shelf-ready.” This would enable staff to focus on other projects in the library and enable patrons to receive titles without waiting for additional cataloging and processing time

AGENDA REPORT

Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC, Deputy City Clerk
Meeting Date: Tuesday, August 2, 2022
Approved by: Brad Raulston, City Manager

SUBJECT:

Approval of City Council Meeting Minutes.

RECOMMENDATION:

Approve and File.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

Meeting Minutes:

May 17, 2022 City Council and Housing Authority Regular Meeting June 7, 2022 City Council and Housing Authority Regular Meeting June 21, 2022 City Council and Housing Authority Regular Meeting June 21, 2022 Special Meeting Closed Session
June 21, 2022 Successor Agency Meeting

FINANCIAL STATEMENT:

None.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Not Applicable

ENVIRONMENTAL REVIEW:

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

PUBLIC NOTIFICATION:

Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A - Minutes

MINUTES OF THE VIRTUAL REGULAR MEETING

OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT
COMMISSION – HOUSING AUTHORITY

OF THE CITY OF NATIONAL CITY

May 17, 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 Agenda.

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

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

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

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

Interpretation in Spanish provided by Carlos Diaz and 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.

Three (3) verbal comments were registered and heard: Nonie Moreno, Becky Rapp, David Magana.

Three (3) written comments were received and read: Jaime Contreras, Jose Franco Garcia, Ted Godshalk.

Mayor Sotelo-Solis announced that this meeting will be adjourned in honor of Firefighter Roberto “Bobby” Victor Medina. Family members Ricardo Medina, Ernest Median, and Lilia Medina were present to receive the honor and provide remarks.

City of National City – City Council Regular Meeting Minutes May 17, 2022

PROCLAMATIONS AND CERTIFICATES

1. National City Recognizes National Public Works Week.

Mayor Sotelo -Solis introduced Director of Public Works Yano who provide a PowerPoint presentation to honor the Public Works team.

2. National City Celebrates Asian American and Pacific Islander Heritage Month with recognition of the Philippine Nurses Association of San Diego County, Inc (PNASD).

Mayor Sotelo-Solis introduced PNASD Board Chair Vivian Sanderlin who receive the honor and provide remarks.

AWARDS AND RECOGNITIONS - No agenda items

PRESENTATIONS - No agenda items

INTERVIEWS / APPOINTMENTS

3. Low Rider Ad-Hoc Committee.

Public Comment:

Seven (7) verbal comments were registered and heard: Albert Pulido, Aida Castaneda, Olga Espinoza, Lilianna Landin, Kasinee Quezada, Rene Del Rio, Eddie Blea,

Five (5) written comments were received and read: Marisa Rosales, Jovita Arellano, Henry Joiner, Sherry Yafuso, Donnie Taylor.

ACTION: Motion by Mayor Sotelo -Solis, seconded by Vice-Mayor Bush to re-appoint Mayor Sotelo-Solis and Councilmember Rios to the committee.

Motion carried by unanimous vote.

REGIONAL BOARDS AND COMMITTEE REPORTS

Mayor Sotelo -Solis reported on the business of the San Diego Association of Governments (SANDAG).

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

Vice-Mayor Bush reported on the business of the Air Pollution Control District (APCD).

CONSENT CALENDER

Public Comment: No verbal or written comments were received.

City of National City – City Council Regular Meeting Minutes May 17, 2022

ACTION: Motion by Councilmember Rios, seconded by Vice-Mayor Bush, to approve the Consent Calendar Items 4 through 14.

Motion carried by 5-0 vote.

4. 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.

5. Approved of City Council Meeting Minutes.

6. Adopted Resolution No. 2022 -74. Adoption of a Resolution to Require AB361 Findings Regarding Teleconference Meetings.

7. Adopted Resolution No. 2022-75. Resolution of the City Council of the City of National City, California, authorizing the issuance of a Request for Proposals (“RFP”) to assist with restoration, extractions, reconstruction and repairs arising from flooding due to City of National City sewer mains for the City of National City.

8. Adopted Resolution No. 2022 -76. Resolution of the City Council of the City of National City, California, approving the establishment of appropriations in the amount of $18,262.28 from the fund balance of the Vehicle Replacement Fund to cover change orders for the Type VI squad.

9. Adopted Resolution No. 2022 -77. Resolution of the City Council of the City of National City, California, ratifying the submission of an application to San Diego Association of Governments (SANDAG) and ratifying an agreement with SANDAG and establishing fund appropriations and a corresponding revenue budget for the Housing Ac celeration Grant Program (HAP) funds in the amount of $205,523 for Focused General Plan Update (FGPU) and a Climate Action Plan (CAP) Update.

10. Adopted Resolution No. 2022 -78. Resolution of the City Council of the City of National City, California, 1) appr oving the following project proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA) through the Local Streets and Roads Funding Program as required by Senate Bill 1, the Road Repair and Accountability Act of 2017 – 8th Street and Roosevelt Avenue Active Transportation Corridor and 2023 Pavement Rehabilitation (Locations per the Citywide Pavement Condition Assessment) projects; and 2) authorizing the establishment of a Gas Tax Fund appropriation of $1,430,342 for Fiscal Year 2023 and corresponding revenue budget for receipt of RMRA funds.

11. Adopted Resolution No. 2022 -79. Resolution of the City Council of the City of National City, California,1) re -allocating $277,000.00 from CIP No. 19 -19 - Roosevelt Avenue Corridor Smart Gr owth Revitalization Project, to the National City Street Resurfacing Project, CIP No. 22-19; 2) Awarding a contract to Eagle Paving Company Inc., in the not- to-exceed amount of $2,072,519.00 for the National City Street Resurfacing Project, CIP No. 22 -19; 3) authorizing a 15% contingency in the amount of $310,878 for any unforeseen changes; 4) authorizing the Mayor to execute the contract.

12. Received and Filed. Investment Report for the quarter ended March 31, 2022.

City of National City – City Council Regular Meeting Minutes May 17, 2022

13. Ratified Warrant Register #40 for the period of 4/01/22 through 4/07/22 in the amount of $3,154,071.87.

14. Ratified Warrant Register #41 for the period of 4/08/22 through 4/14/22 in the amount of $687,657.95.

PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS

15. Adopted Resolution No. 2022-80. Public Hearing and Adoption of a Resolution of the City Council of the City of National City, California, repealing and replacing Resolution 2021 - 165 for the certification of an Environmental Impact Report (EIR) for, and approving, a General Plan Amendment, Zone Change, Code Amendment, and Conditional Use Permit for construction of a CarMax dealership on property located on the north side of Plaza Bonita Road, west of Sweetwater Road, and east of Interstate 805 and authorizing the filing of a Notice of Determination. (Applicant: CarMax) (Case File No. 2016-30 GPA, ZC,

A, CUP, IS)

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

Mayor Sotelo-Solis introduced Planning Manager Reeder who provided the report.

Mayor Sotelo-Solis declared the Public Hearing open at 7:29 p.m.

Public Comment: No verbal or written comments were received.

ACTION: Motion by Councilmember Morrison, seconded by Councilmember Rodriguez, to close the Public Hearing at 7:30 p.m.

Motion passed by 5-0 vote.

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

Motion passed by 5-0 vote.

16. Adopted Resolution No. 2022-81. Public Hearing and Adoption of a Resolution of the City Council of the City of National City, California, amending the previously adopted Transportation Development Impact Fee (TDIF) schedule and annual adjustment to the TDIF, pursuant to National City Municipal Code Section 4.52.100 and consistent with Government Code Section 66017, approving an a djustment to the TDIF of 2 percent, as required by the San Diego Association of Governments (SANDAG) for receipt of TransNet local street improvement revenues, resulting in the TDIF increasing from $2,635.50 per new residential dwelling unit to $2,688.21 per unit beginning July 1, 2022.

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

Mayor Sotelo -Solis introduced Director of Public Works Yano who provided the report and addressed questions from Council.

Mayor Sotelo-Solis declared the Public Hearing open at 7:36 p.m.

Public Comment: No verbal or written comments were received.

City of National City – City Council Regular Meeting Minutes May 17, 2022

ACTION: Motion by Vice-Mayor Bush, seconded by Councilmember Morrison, to close the Public Hearing at 7:37 p.m.

Motion passed by 5-0 vote.

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

Motion passed by 5-0 vote.

17. Adopted Resolution No. 2022-82. Public Hearing and Adoption of a Resolution of the City Council of the City of National City, California, 1) approving the TransNet Local Street Improvement Program of Projects for National City for Fiscal Years 2023 through 2027 consisting of the following projects: Plaza Blvd Widening (NC01), Street Resurfacing (NC03), Traffic Signal Install/Upgr ades (NC04) and Citywide Safe Routes to School (NC15); and 2) authorizing the establishment of a TransNet Proposition “A” Fund appropriation of $1,784,000 for FY 2023 and corresponding revenue budget.

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

Mayor Sotelo -Solis introduced Director of Public Works Yano who provided the report and addressed questions from Council.

Mayor Sotelo-Solis declared the Public Hearing open at 7:44 p.m.

Public Comment: No verbal or written comments were received.

ACTION: Motion by Vice-Mayor Bush, seconded by Councilmember Rios, to close the Public Hearing at 7:44 p.m.

Motion passed by 5-0 vote.

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

Motion passed by 5-0 vote.

NON CONSENT RESOLUTIONS

18. Adopted Resolution No. 2022 -83. Resolution of the City Council of the City of National City, California, approving the Memorandum of Understanding (MOU) between the City and the National City Police Officers’ Association (NCPOA) and authorizing General Fund fiscal year 2021-2022 appropriations of $12,000 for benefit increases.

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

Mayor Sotelo-Solis introduced Administrative Services Director Brennan who provided the report and addressed questions from Council.

Public Comment: No verbal or written comments were received.

ACTION: Motion by Councilmember Morrison, seconded by Mayor Sotelo-Solis, to adopt the Resolution.

Motion passed by 5-0 vote.

City of National City – City Council Regular Meeting Minutes May 17, 2022

19. Accepted – Fiscal Year 2022/2023 Preliminary Budget Update.

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

Mayor Sotelo -Solis introduced City Manager Raulston and Administrative Services Director Brennan who provided the report and PowerPoint presentation. City Manager Raulston, Director Brennan, and Finance Manager Valadez addressed questions from Council.

Public Comment: No verbal or written comments were received.

ACTION: Motion by Mayor Sotelo-Solis, seconded by Councilmember Morrison, to accept Staff’s recommendations detailed in the list of Summary of Direction Items, with the addition of $60,000 to support part-time employee stipends.

Substitute motion by Vice-Mayor Bush, seconded by Councilmember Rodriguez, to accept Staff’s recommendations detailed in the list of Summary of Direction Items, with the exception of “Transition Management Intern Program Back to CMO – ($50,000)”, and with the addition of $60,000 to support part-time employee stipends.

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

Vote on original motion.

Motion passed by 5-0 vote.

ACTION: Motion by Vice-Mayor Bush, seconded by Councilmember Rodriguez, to budget funds in the amount of $72,000 to cover the fees for four (4) cruising events for Fiscal Year 2022-2023.

Substitute motion by Mayor Sotelo -Solis to apply City Council Policy 802 that allows up to a maximum of $500 waiver of fees per day to new events, and to budget funds in the mount of $2,500 to offset fees for cruising events for Fiscal Year 2022-2023. Substitute motion dies for lack of a second.

Vote on original motion.

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

20. Adopted Resolution No. 2022 -84. Resolution of the City Council of the City of National City, California, authorizing the City Manager to enter into an agreement with the National City Host Lions Club in the not-to-exceed amount of $7,750.00, to facilitate the Fourth of July Carnival taking place June 30, 2022 to July 4, 2022.

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

Mayor Sotelo-Solis introduced Library and Community Services Director Ryan who provided the report and addressed questions from the City Council.

Public Comment:

One (1) verbal comment was registered and heard: Brian Clapper.

City of National City – City Council Regular Meeting Minutes May 17, 2022

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

Motion passed by 5-0 vote.

NEW BUSINESS

21. Accepted Notice of Decision – Temporary Use Permit – National City Host Lions Club 75th Annual Independence Day Carnival sponsored by the National City Host Lions Club at Kimball Park from June 30, 2022 to July 4, 2022. This is a City co -sponsored event per Council Policy No. 802.

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

Mayor Sotelo-Solis introduced Director of Community Develo pment Vergara who provided the report and addressed questions from Council.

Public Comment:

One (1) verbal comment was registered and heard: Brian Clapper.

ACTION: Motion by Councilmember Morrison, seconded by Vice-Mayor Bush , to accept the Notice of Decision with the amendment to change the hours for July 2, 2022 from 12:00 p.m. to 12:00 a.m., and to change the end time for July 2, 2022 to 12:00 a.m.

Motion passed by 5-0 vote.

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

C. REPORTS

STAFF REPORTS

22. City Manager Report.

City Manager Raulston provided the report. Chief of Police Tellez provided comments regarding the cruising event that occurred May 6, 2022.

MAYOR AND CITY COUNCIL

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

CLOSED SESSION

CLOSED SESSION REPORT – No agenda items

ADJOURNMENT

Mayor Sotelo -Solis adjourned the meeting in memory of Firefighter Roberto “Bobby” Victor Medina.

City of National City – City Council Regular Meeting Minutes May 17, 2022

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, June 7, 2022, 6:00 p.m. via teleconference.

The meeting adjourned at 9:50 p.m.

__________________________
Luz Molina, City Clerk

The foregoing minutes were approved at the Regular Meeting of August 16, 2022.

__________________________
Alejandra Sotelo-Solis, Mayor

MINUTES OF THE VIRTUAL REGULAR MEETING

OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT
COMMISSION – HOUSING AUTHORITY

OF THE CITY OF NATIONAL CITY

June 7, 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.

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

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

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

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

PLEDGE OF ALLEGIANCE TO THE FLAG
Vice-Mayor Bush 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.

Five (5) verbal comments were registered and heard: Peggy Walker, Terri-Ann Skelly, Barbara Gordon, Chad Matkowski, and Becky Rapp.

One (1) written comment was received and read: Eunize Ornelas.

City of National City – City Council Regular Meeting Minutes June 7, 2022

PROCLAMATIONS AND CERTIFICATES

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

Mayor Sotelo-Solis presented the honor to Nadia Kean-Ayub, representative of Rainbow Spaces, who shared appreciation for the support.

AWARDS AND RECOGNITIONS - No agenda items

PRESENTATIONS

2. Introduction of New City Employees.

Mayor Sotelo -Solis introduced Assistant City Manager Winney who provided the report and PowerPoint presentation. Pedro Garcia, Sabino Flores, Raul Camacho, Esteban Rojas, Tiffany Roberts, Lily Barnes, Monique Hawk, and Katrina Phillips were introduced as new city employees.

3. Olivewood Gardens Presentation.

Mayor Sotelo-Solis introduced Library and Community Servic es Director Ryan who introduced Executive Director Jen Nation with Olivewood Gardens, and provided a PowerPoint presentation.

INTERVIEWS / APPOINTMENTS - No agenda items

REGIONAL BOARDS AND COMMITTEE REPORTS

Councilmember Rios reported on the business of the Metropolitan Water District, and Sweetwater Authority Board.

Mayor Sotelo -Solis reported on the business of San Diego Association of Governments (SANDAG), and provided a PowerPoint presentation on the Lowrider Ad-hoc Committee.

CONSENT CALENDER

Public Comment:

Three (3) written comments were received and read: Ted Godshalk commented on Items 6, 9, and 12.

Director of Public Works Yano provided a promotional video for Item 14.

ACTION: Motion by Vice-Mayor Bush, seconded by Councilmember Rios, to approve the Consent Calendar Items 4 through 20.

Motion carried by 5-0 vote.

4. 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.

City of National City – City Council Regular Meeting Minutes June 7, 2022

5. Approved of City Council Meeting Minutes.

6. Adopted Resolution No. 2022-85. Adoption of a Resolution Declaring Findings to Continue Teleconference Meetings to July 5, 2022, as required by AB 361.

7. Adopted Resolution No. 2022-86. Adoption of a Resolution of the City Council of the City of National City, California, Adopting Regulations for Candidates for Elective Office Pertaining to C andidates’ Statements of Qualifications Submitted to the Voters at an Election to be Held on Tuesday, November 8, 2022.

8. Adopted Resolution No. 2022-87. Adoption of a Resolution of the City Council of the City of National City, California, Providing Noti ce 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.

9. Adopted Resolution No. 2022-88. 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.

10. Adopted Resolution No. 2022 -89. Resolution of the City Council of the City of National City, California, ratifyi ng 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 Partn erships (HOME) Program activities proposed for 2022-2023 Annual Action Plan.

11. Adopted Resolution No. 2022-90. 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.

12. Adopted Resolution No. 2022-91. 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.

13. Adopted Resolution No. 2022 -92. 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.

14. Adopted Resolution No. 2022 -93. 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 a nd the establishment of the Trash Rate Stabilization Fund

City of National City – City Council Regular Meeting Minutes June 7, 2022

appropriation of $15,819 and corresponding revenue budget for the implementation of recycling projects and programs.

15. Adopted Resolution No. 2022 -94. Resolution of the City Council of the City of N ational 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 certif ication thereof evidencing the City’s consent to and acceptance of the Grant Deed.

16. Adopted Resolution No. 2022 -95. 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.

17. Adopted Resolution No. 2022 -96. 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 f und library programs and authorizing the establishment of a Library Grants Fund appropriation of $800 and corresponding revenue budget.

18. Received and Filed. Investment transactions for the month ended April 30, 2022.

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

20. Ratified Warrant Register #43 for the period of 4/22/22 through 4/28/22 in the amount of $950,740.08.

PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS - No agenda items

NON CONSENT RESOLUTIONS

21. Adopted Resolution No. 2022 -97. Resolution of the City Council of the City of National City, California adopting a budget for fiscal year 2023.

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

Mayor Sotelo -Solis introduced City Manager Raulston who acknowledged Administrative Services Director Brennan and Budget Manager Valadez. Director Brennan provided the report.

Public Comment:

Two (2) written comments were received and read: John Borja and Ted Godshalk.

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

Substitute motion by Councilmember Rodriguez, seconded by Vice-Mayor Bush, to adopt the budget for fiscal year 2023, with an amendment to remove the $250,000 for the yoga lawn and $250,000 for cultural assets improvements, and substitute those with $500,000 for small business and non-profit microgrants to be administered through the National City Chamber of Commerce.

City of National City – City Council Regular Meeting Minutes June 7, 2022

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

Vote on original motion.

Motion passed by 5-0 vote.

22. Adopted Resolution No. 2022 -98 and Ordinances Nos. 2022 -TBD and 2022 -TBD.

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 Clerk Appointive.

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

Mayor Sotelo-Solis introduced Deputy City Clerk Chapel who provided the report and gave a PowerPoint presentation.

Public Comment:

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

ACTION: Motion by Mayor Sotelo -Solis, seconded by Councilmember Rios, to approve the placement of the measure on the November 8, 2022 ballot , and to create an ad -hoc committee consisting of Mayor Sotelo -Solis and Councilmember Morrison to recommend language for the ballot measure.

Motion passed by 5-0 vote.

ACTION: Motion by Councilmember Rios, seconded by Councilmember Morrison, to approve the Resolution providing Notice of and Calling for the holding of a General Municipal Election and consolidate the Municipal Election with the Statewide Election on Tuesday, November 8, 2022.

Motion passed by 5-0 vote.

ACTION: Motion by Mayor Sotelo -Solis, seconded by Councilmember Rios, to adopt the Ordinance amending various sections of and adding a section to the National City Municipal Code that would take effect only if the voters approve of making the Office of the City Clerk appointive.

Motion passed by 5-0 vote.

ACTION: Motion by Mayor Sotelo -Solis, seconded by Councilmember Rios, to adopt the Ordinance amending Section 2.73 of the National City Municipal Code regarding the positions of City Clerk and City Treasurer to take effect only if the voters at the Municipal Election approve both measures.

Motion passed by 5-0 vote.

23. Adopted Resolution No. 2022 -99 and Ordinances Nos. 2022 -TBD and 2022 -TBD.

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 Molina read the title of the Resolution into the record.

Mayor Sotelo-Solis introduced Deputy City Clerk Chapel who provided the report.

City of National City – City Council Regular Meeting Minutes June 7, 2022

Public Comment: None.

ACTION: Motion by Mayor Sotelo-Solis, seconded by Vice-Mayor Bush, to approve the placement of the measure on the November 8, 2022 ballot, and to create an ad-hoc committee consisting of Mayor Sotelo-Solis and Councilmember Morrison to recommend language for the ballot measure.

Motion passed by 5-0 vote.

ACTION: Motion by Mayor Sotelo-Solis, seconded by Councilmember Morrison, to approve the Resolution providing Notice of and Calling for the holding of a General Municipal Election and consolidate the Municipal Election with the Statewide Election on Tuesday, November 8, 2022.

Motion passed by 5-0 vote.

ACTION: Motion by Mayor Sotelo-Solis, seconded by Councilmember Morrison, to adopt the Ordinance amending various sections of and adding a section to the National City Municipal Code that would take effect only if the voters approve of making the Office of the City Treasurer appointive.

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

ACTION: Motion by Mayor Sotelo-Solis, seconded by Councilmember Morrison, to adopt the Ordinance amending Section 2.73 of the National City Municipal Code regarding the positions of City Clerk and City Treasurer to take effect only if the voters at the Municipal Election approve both measures.

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

Mayor Sotelo-Solis called for a recess at 8:10 p.m. the meeting resumed at 8:22 p.m. with all members present.

NEW BUSINESS - No agenda items

B. COMMUNITY DEVELOPMENT COMMISSION – HOUSING AUTHORITY

CONSENT RESOLUTIONS - HOUSING AUTHORITY

24. Adopted Housing Authority Resolution No. 2022 -84. 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.

ACTION: Motion by Vice-Chair Bush, seconded by Board Member Rios, to adopt the Resolution.

Motion passed by 5-0 vote.

City of National City – City Council Regular Meeting Minutes June 7, 2022

PUBLIC HEARINGS: RESOLUTIONS - HOUSING AUTHORITY - No agenda items

NON CONSENT RESOLUTIONS - HOUSING AUTHORITY

Vice-Chair Bush recused himself from Item 25 at 8:25 p.m. as he is an employee of MAAC. Vice- Chair Bush left the virtual meeting.

25. Adopted Housing Authority Resolution No. 2022-85. Resolution of the Community Development Commission -Housing Authority of the City of National City, California (“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.

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

Carlos Aguirre introduced Project Analyst Precious Nicanor, with Kimley-Horn and Associates, and Senior Vice President Will Soholt with Kosmont Companies. The team provided a PowerPoint presentation.

Public Comment:

Seven (7) verbal comments were registered and heard: Gretchen Newsom, Matthew Leyba- Gonzalez, Arnulfo Manriquez, Carol Kim, Patrick Davidson, Paul Colmenero, Rebecca Louie.

Five (5) written comment s were received and read: Dave Gauthier, Beau Coleman, Nephi Hancock, Tom Castleman, David Johnson.

ACTION: Motion by Chair Sotelo-Solis, se conded by Board Member Rodriguez , to a dopt the Resolution.

Motion passed by 4-0 vote.

Vice-Chair Bush returned to the virtual meeting at 9:10 p.m.

NEW BUSINESS - HOUSING AUTHORITY - No agenda items

C. REPORTS

STAFF REPORTS

26. City Manager Report.

City Manager Raulston acknowledged City Attorney Bell Jr. and his appointment by Governor Newsom to serve as a Judge on the San Diego County Superior Court.

Assistant City Manager Winney provided the Staff report an update to Ad -Hoc Committee regarding the Lowriders and requirement for Temporary Use Permit (TUP).

City of National City – City Council Regular Meeting Minutes June 7, 2022

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.

Mayor Sotelo-Solis introduced Councilmember Rodriguez who provided the report.

Public Comment:

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

ACTION: Motion by Councilmember Rodriguez, seconded by Vice-Mayor Bush, to return to a meeting in August to discuss the item.

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

28. City Council Policy #105 request 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.

Mayor Sotelo-Solis introduced Councilmember Rodriguez who provided the report.

Public Comment: None.

ACTION: Motion by Vice-Mayor Bush, seconded by Councilmember Morrison, to agendize at a future meeting that the City Manager/Administrative Services Director provide a report and update on current employee retention and recruitment efforts.

Motion passed by 5-0 vote.

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

CLOSED SESSION
CLOSED SESSION REPORT – No agenda items

ADJOURNMENT

Mayor Sotelo -Solis adjourned to the Regular Meeting of the City Council and Commun ity Development Commission - Housing Authority of the City of National City, Tuesday, June 21, 2022, 6:00 p.m. via teleconference.

The meeting adjourned at 10:09 p.m.

__________________________
Luz Molina, City Clerk

The foregoing minutes were approved at the Regular Meeting of August 16, 2022.

__________________________
Alejandra Sotelo-Solis, Mayor

MINUTES OF THE VIRTUAL REGULAR MEETING

OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT
COMMISSION – HOUSING AUTHORITY

OF THE CITY OF NATIONAL CITY

June 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.

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

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

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

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

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

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

PLEDGE OF ALLEGIANCE TO THE FLAG
Councilmember Morrison 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.

Three (3) verbal comments were registered and heard: Becky Rapp, Judi Strang, and Kelly Hall.

No written comments were received.

PROCLAMATIONS AND CERTIFICATES - No agenda items

AWARDS AND RECOGNITIONS

1. Employee of the Quarter 2022 - Giovanni Corado, Police Officer.

Mayor Sotelo-Solis introduced Chief of Police Tellez who presented the award to Officer Giovanni Corado.

City of National City – City Council Regular Meeting Minutes June 21, 2022

PRESENTATIONS - No agenda items

INTERVIEWS / APPOINTMENTS - No agenda items

REGIONAL BOARDS AND COMMITTEE REPORTS

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

Councilmember Morrison reported on his attendance at the National Association of Regional Councils meeting in Columbus, OH.

Vice-Mayor Bush reported on the business Air Pollution Control District (APCD).

Mayor Sotelo -Solis reported on the business of San Diego Community Power and the Metropolitan Transit System (MTS).

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

CONSENT CALENDER

Public Comment: No verbal or written comments were received.

ACTION: Motion by Councilmember Rios, seconded by Vice-Mayor Bush, to approve the Consent Calendar Items 2 through 21.

Motion carried by 5-0 vote.

2. 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.

3. Adopted Resolution No. 2022 -100. Adoption of a Resolution Declaring Findings to Continue Teleconference Meetings to July 19, 2022, as required by AB 361.

4. Adopted Resolution No. 2022-101. Resolution of the City Council of the City of National City, California, authorizing the Mayor to execute an agreement with Liebert Cassidy Whitmore for Employment and Labor Legal Services.

5. Adopted Resolution No. 2022-102. Resolution of the City Council of the City of National City, California, authorizing the Mayor to execute an Agreement with Meyers Nave for Employment and Labor Legal Services.

6. Adopted Resolution No. 2022-103. Resolution of the City Council of the City of Nati onal City, California, authorizing the Mayor to execute an Agreement with Burke Williams & Sorensen, LLP for Employment and Labor Legal Services.

7. Adopted Resolution No. 2022-104. Resolution of the City Council of the City of National City, California, au thorizing the Mayor to execute an Agreement with Olivarez Madruga Law Organization, LLP for Employment and Labor Legal Services.

City of National City – City Council Regular Meeting Minutes June 21, 2022

8. Adopted Resolution No. 2022-105. Resolution of the City Council of the City of National City, California, authorizing the May or to execute the Second Amendment to the Agreement with The Pun Group, LLP for independent auditing services for the fiscal year ending June 30, 2022, extending the agreement to July 17, 2023.

9. Adopted Resolution No. 2022-106. Resolution of the City Council of the City of National City, California, approving an amendment to the salary schedule for the Part -Time and Seasonal employee classifications to increase wages by 3% effective the first full pay period of July 2022, January 2023, and July 2023.

10. Adopted Resolution No. 2022-107. Resolution of the City Council of the City of National City, California adopting City Council Policy #203, “Investments,” as amended, for fiscal year 2022.

11. Adopted Resolution No. 2022-108. Resolution of the City Council of the City of National City, California approving and adopting the annual appropriations limit for fiscal year 2023 in the amount of $76,915,463.

12. Adopted Resolution No. 2022-109. Resolution of the City Council of the City of National City, California, authorizing the transfer of funds from the General Fund Unassigned Fund Balance Reserve to the General Fund’s Committed Fund Balance Components named the Economic Contingency Reserve and the Facilities Maintenance Reserve.

13. Adopted Resolution No. 2022-110. Resolution of the City Council of the City of National City, California authorizing the establishment of an appropriation and corresponding revenue budget for $60,000 for the California Governor's Office of Emergency Services (Cal OES) Grant for the reimb ursable grant purchase of a High Frequency Communications System for the Emergency Operations Center (EOC).

14. Adopted Resolution No. 2022-111. Resolution of the City Council of the City of National City, California authorizing the City Manager to execute a n agreement between the City of National City and Columbia Telecommunications Corporation (CTC) to provide administrative and fiscal services in conjunction with the California State Library’s Broadband Services Project.

15. Adopted Resolution No. 2022-112. Resolution of the City Council of the City of National City, California authorizing the Mayor to execute an agreement between the City of National City and EXOS Community Services, LLC, extending the term of the agreement to December 31, 2022 to provide aq uatic programs and services at Las Palmas Pool located at 1800 East 22nd Street.

16. Adopted Resolution No. 2022-113. Resolution of the City Council of the City of National City, California authorizing the appropriation of additional fund in amount of $148,9 34.25 (Supplement #71) for Phase II – Implementation phase of Paradise Creek Mitigation at Kimball Way project, reimbursable through the Hazard Mitigation Grant Program approved by the Federal Emergency Management Agency (FEMA); 2) establishing correspondi ng revenue and expenditure accounts; and 3) committing to providing a local match of $49,644.75 (Supplement #71).

17. Adopted Resolution No. 2022-114. Resolution of the City Council of the City of National City, California, 1) accepting the Clean California Local Grant; 2) authorizing the City

City of National City – City Council Regular Meeting Minutes June 21, 2022

Manager or designee to execute the grant agreement for the National City Eastside I-805 Community Greenbelt Project in the amount of $4,998,761; and 3) approving the establishment of an Engineering Grant Funds Appropria tion of $4,998,761 and corresponding revenue budget to allow for reimbursement of eligible project expenditures.

18. Adopted Resolution No. 2022-115. Resolution of the City Council of the City of National City, California, 1) authorizing the filing of a Stra tegic Growth Council Transformative Climate Communities (TCC) Planning Grant application in the amount of $300,000; 2) authorizing the City Manager or designee to execute the grant agreement if selected for funding; and 3) if selected for funding, approvin g the establishment of an Engineering Grants Fund Appropriation of $300,000 and corresponding revenue budget to allow for reimbursement of eligible project expenditures through the program.

19. Ratified Warrant Register #44 for the period of 4/29/22 through 5/05/22 in the amount of $2,565,763.27.

20. Ratified Warrant Register #45 for the period of 5/06/22 through 5/12/22 in the amount of $592,708.06.

21. Ratified Warrant Register #46 for the period of 5/13/22 through 5/19/22 in the amount of $2,059,050.50.

PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS

22. Adopted Resolution No. 2022-116. Public Hearing and Adoption of a Resolution of the City Council of the City of National City, California accepting the National City 2022/2023 Tax Roll Sewer Service Fees report, which identifies by parcel number, each parcel of real property receiving sewer services and the amount of sewer charges for each parcel for FY 2022-23 as required by the California Health and Safety Code Section 5473, Et Seq., pertaining to collection of sewer charges on the tax roll, directing the City Clerk to file the report with the San Diego County Auditor, and directing the City Engineer to file a certification of the sewer service charges with the San Diego County Auditor.

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

Mayor Sotelo -Solis introduced Director of Public Works Yano who provided remarks and addressed questions from Council.

Mayor Sotelo-Solis declared the Public Hearing open at 6:55 p.m.

Public Comment: No verbal or written comments were received.

ACTION: Motion by Councilmember Rios, seconded by Councilmember Morrison, to close the Public Hearing at 6:56 p.m.

Motion passed by 5-0 vote.

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

Motion passed by 5-0 vote.

City of National City – City Council Regular Meeting Minutes June 21, 2022

23. Adopted Resolution No. 2022-117. Public Hearing and Adoption of a Resolution of the City Council of the City of National City, California confirming the assessment and ordering the levy for th e Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2022/23.

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

Mayor Sotelo-Solis introduced Planning Manager Reeder who provided remarks.

Mayor Sotelo-Solis declared the Public Hearing open at 6:57 p.m.

Public Comment: No verbal or written comments were received.

ACTION: Motion by Mayor Sotelo-Solis, seconded by Councilmember Rios, to close the Public Hearing at 6:58 p.m.

Motion passed by 5-0 vote.

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

Motion passed by 5-0 vote.

NON CONSENT RESOLUTIONS

24. Adopted Resolution No. 2022-118. Resolution of the City Council of the City of National City authorizing various fiscal year 2022 3rd Quarter budget adjustments.

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

Mayor Sotelo-Solis introduced Administrative Services Director Brennan and Budget Manager Valadez who provided a report and P owerPoint presentation, and addressed questions from Councilmembers.

Public Comment: No verbal or written comments were received.

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

Motion passed by 5-0 vote.

NEW BUSINESS – No agenda items

B. COMMUNITY DEVELOPMENT COMMISSION – HOUSING AUTHORITY

CONSENT RESOLUTIONS - HOUSING AUTHORITY – No agenda items

PUBLIC HEARINGS: RESOLUTIONS - HOUSING AUTHORITY – No agenda items

NON CONSENT RESOLUTIONS - HOUSING AUTHORITY

25. Adopted Housing Authority Resolution No. 2022 -86. Resolution of the Community Development Commission -Housing Authority of the City of National City, California, authorizing the Executive Director to execute a Regulatory Agreement with Southern Highlands Apartments L.P., providing for a restriction of rents at 60% of Area Median

City of National City – City Council Regular Meeting Minutes June 21, 2022

Income for 55 years on a 151-unit rental housing project located at 2525 Highland Avenue in National City (“Project”) and approve a $10,000 grant to assist in the Project.

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

Chair Sotelo-Solis introduced Director of Housing Authority Aguirre who introduced representatives from the Southern Highlands Apartments team: Avinoam Baral, Mark Wiese, Drew Sullivan, and Linnie Gavino. They provided the report and PowerPoint presentation, and addressed questions from Council.

Public Comment: No verbal or written comments were received.

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

Motion passed by 5-0 vote.

NEW BUSINESS - HOUSING AUTHORITY– No agenda items

C. REPORTS

STAFF REPORTS

26. Public Meeting Protocols - Return to In-Person Meetings.

Assistant City Manager Winney provided the report and PowerPoint presentation.

Public Comment: No verbal or written comments were received.

Received and Filed.

27. Update on the disposition of City-owned real property located at 921 and 929 National City Boulevard, National City.

Director of Housing Authority Aguirre provided the report and PowerPoint presentation. He addressed questions from Council.

Public Comment: No verbal or written comments were received.

Received and Filed.

28. City Manager Report.

Assistant City Manager Winney provided the report.

Public Comment: No verbal or written comments were received.

Received and Filed.

MAYOR AND CITY COUNCIL

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

City of National City – City Council Regular Meeting Minutes June 21, 2022

CLOSED SESSION

CLOSED SESSION REPORT

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

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Name of Case: Raymond Sandoval, et al. v. City of National City United States District Court, Southern District of California – Case No. 3:22-cv-00188

CAB BLM
Pursuant to California Government Code 54957.1, by a 4-1 vote (Yes - Morrison, Rios, Bush and Sotelo-Solis)(No – Rodriguez), direction was given by the City Council in the legal action titled Raymond Sandoval, et al v. City of National City. The case involves a Section 1983 Civil Rights Act claim arising from an arrest.

2. Personnel Matter – Government Code Section 54957(b)(1) Public Employee Position – City Attorney

Pursuant to California Government Code 54957.1, by unanimous vote direction was given by City Council to Staff.

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, August 2, 2022, 6:00 p.m. at Council Chambers, National City, California.

The meeting adjourned at 8:37 p.m.

__________________________
Luz Molina, City Clerk

The foregoing minutes were approved at the Regular Meeting of August 16, 2022.

__________________________
Alejandra Sotelo-Solis, Mayor

MINUTES OF A SPECIAL MEETING

NATIONAL CITY COUNCIL

June 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 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, Sotelo-Solis Administrative Officials present: Raulston, Winney, Bell Jr., Chapel, Gomez, Tellez Consultant: Barry Schultz

PUBLIC COMMENT
None

CLOSED SESSION

Members convened into Closed Session at 3:07 p.m. and returned to Open Session at 3:52 p.m. with all members present in attendance: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis, Raulston, Winney, Bell Jr., Gomez, and Tellez.

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Name of Case: Raymond Sandoval, et al. v. City of National City United States District Court, Southern District of California – Case No. 3:22-cv-00188

CAB BLM

Members convened into Closed Session at 3:52 p.m. and returned to Open Session at 4:46 p.m. with all members present in attendance: Bush, Morrison, Rios, Rodriguez, Sotelo -Solis, and Counsel Barry J. Schultz. City Attorney Bell Jr. and staff members Raulston and Winney left the room at 4:00 p.m. Raulston and Winney rejoined the Closed Session room at 4:31 p.m.

2. Personnel Matter – Government Code Section 54957(b)(1) Public Employee Position – City Attorney

City of National City – Special Meeting Minutes (Closed Session) June 21, 2022

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, August 2, 2022, 6:00 p.m. at Council Chambers, National City, California.

The meeting adjourned at 4:46 p.m.

__________________________
Shelley Chapel, Deputy City Clerk

The foregoing minutes were approved at the Regular Meeting of August 16, 2022.

__________________________
Alejandra Sotelo-Solis, Mayor

MINUTES OF THE VIRTUAL SPECIAL MEETING

SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION

AS THE NATIONAL CITY REDEVELOPMENT AGENCY

June 21, 2022

This meeting was conducted utilizing teleconferencing and electronic means consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic.

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

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

CALL TO ORDER
The meeting was called to order at 8:39 p.m. by Mayor Sotelo-Solis.

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

Administrative Officials present: Raulston, Winney, Bell, Chapel, Vergara, Aguirre, Parra, Navarro, Barrera, Yano, Brennan

PUBLIC COMMENTS
None

CONSENT CALENDER

Public Comment: None.

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

Motion carried by unanimous vote.

1. Approval of Successor Agency Meeting Minutes.

2. Resolution of the Board of the Successor Agency to the Community Development Commission as the National City Redevelopment Agency Adopting a Budget of $4,431,809 for Fiscal Year 2022-23.

City of National City – Successor Agency Special Meeting Minutes June 21, 2022

PUBLIC HEARINGS – No agenda items.

NON-CONSENT RESOLUTIONS – No agenda items.

NEW BUSINESS – No agenda items.

STAFF REPORTS – No agenda items.

MEMBER REPORTS – No agenda items.

CLOSED SESSION REPORT – No agenda items.

ADJOURNMENT

Mayor Sotelo-Solis adjourned the meeting to the next Regular Meeting of the Successor Agency to the Community Development Commission as the National City Redevelopment Agency, to be held Tuesday, September 20, 2022, at 6:00 p.m., Council Chambers, National City, California.

The meeting adjourned at 8:41 p.m.

__________________________
Luz Molina, City Clerk

The foregoing minutes were approved at the Regular Meeting of August 16, 2021.

__________________________
Alejandra Sotelo-Solis, Mayor

AGENDA REPORT

Department: City Clerk's Office
Prepared by: Shelley Chapel, Deputy City Clerk
Meeting Date: Tuesday, August 16, 2022
Approved by: Brad Raulston, City Manager

SUBJECT:

Declaring Findings to Continue to Teleconference Meetings to September 15, 2022, as Required by AB 361.

RECOMMENDATION:

Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, Making the Findings Required by AB 361 to Continue Teleconference Meetings of the City Council and the City Boards, Commissions, and Committees to September 15, 2022.” (City Clerk’s Office)

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

Adoption of the resolution would allow the City Council and the City Boards, Commissions, and Committees to continue teleconference meetin gs via Zoom past the September 15 , 202 2, expiration date of the Governors Executive Order N -08-21. The State of Emergency continues as the COVID-19 Delta Variant has emerged causing a spike in cases throughout the world. The City complies with the County of San Diego County Health Department and Cal OSHA requirements to ensure the health and safety of its staff and the public.

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

FINANCIAL STATEMENT:

Not Applicable

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Communication and Outreach

ENVIRONMENTAL REVIEW:

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

PUBLIC NOTIFICATION:

Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A - Resolution

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 SEPTEMBER 15, 2022

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

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

WHEREAS, Executive Order N-08-21 expired 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 Resolution No. 2022-31 declaring findings to continue to teleconference for an additional 30 days; and

1 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

WHEREAS, on June 7, 2022, City Council adopted Resolution No. 2022-85 declaring findings to continue to teleconference for an additional 30 days; and

WHEREAS, on June 21, 2022, City Council adopted Resolution No. 2022-100 declaring findings to continue to teleconference for an additional 30 days; and

WHEREAS, on July 19, 2022, City Council adopted Resolution No. 2022-119 declaring findings to continue to teleconference for an additional 30 days.

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

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

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

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

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

PASSED and ADOPTED this 16th day of August 2022.

__________________________
Alejandra Sotelo-Solis, Mayor

ATTEST:

_________________________
Luz Molina, City Clerk

APPROVED AS TO FORM:

__________________________
Barry J. Schultz, Interim City Attorney

AGENDA REPORT

Department: City Clerk's Office
Prepared by: LaTonya Hussain, Office of the City Clerk Meeting Date: Tuesday, August 16, 2022
Approved by: Brad Raulston, City Manager

SUBJECT:

League of California Cities Annual Conference – Designation of Voting Alternate

RECOMMENDATION:

Adopt a Resolution entitled, Resolution of the City Council of the City of National City, California, Designate City Manager Raulston as the Voting Alternate to Represent the City of National City at the 2022 League of California Cities Annual Conference and Business Meeting.

BOARD/COMMISSION PRIOR ACTION:

None.

EXPLANATION:

The League of California Cities 2022 Annual Conference is scheduled for September 7-9, 2022.

An important part of the Annual Conference is the Annual Business Meeting (during the General Assembly) scheduled on Friday, September 9, 2022. At this meeting, the League membership considers and takes action on resolutions that establish Cal-Cities policy.

In order for cities to cast a vote during the Business meeting, each city’s respective City Council must designate a voting delegate. In the instance that the selected voting delegate is unable to serve in that capacity, the League of California Cities’ Bylaws afford each City the opportunity to appoint up to two alternate voting delegates.

According to the League’s Bylaws, the selection of the voting delegate and alternates must be performed through the official action of the City Council. Further more, the voting delegate and alternates must be registered to attend the conference. Eligible individuals who may be selected as the City’s voting delegate include the Mayor, each City Council member, as well as any other City official selected by the City Council to serve in this capacity.

At this time, staff respectfully requests that the City Council consider appointing City Manager Raulston as the voting delegate alternate to vote on the City’s behalf at the Annual Busines s Meeting of the League of California Cities on September 9, 2022.

FINANCIAL STATEMENT: The travel costs and registration fees associated with this meeting will be charged to the appointed City Council member ’s training funds included in the FY 202 2- 2023 adopted budget.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Not Applicable

ENVIRONMENTAL REVIEW:

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

PUBLIC NOTIFICATION:

Agenda Report posted within 72 hours of meeting date and time in accordance with the Brown Act.

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A - Resolution

RESOLUTION NO. 2022 -

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

CALIFORNIA, DESIGNATING THE CITY MANAGER AS THE VOTING ALTERNATE FOR THE 2022 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE & EXPO

WHEREAS, the City of National City is a member of good standing of the League of California Cities (“League”); and
WHEREAS, a representative from the City will be attending the 2022 League Annual Conference & Expo September 7-9, 2022; and
WHEREAS, each member City has a right to cast one vote on matters pertaining to League policy at the conference; and
WHEREAS, consistent with the League bylaws, a City’s voting delegate and/or alternate must be designated by City Council action; and the individual(s) are identified in the Voting Delegate Form provided to the League Credential Committee.

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

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

Section 1: That the City Council hereby authorizes and designates City Manager Raulston as voting alternate to the 2022 League of California Cities Annual Conference.

Section 2: This Resolution shall take effect immediately upon its passage.

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

Section 4: That the City Clerk shall forward a certified copy of the signed Resolution to the League of California Cities no later than the September 2, 2022 deadline.

PASSED and ADOPTED this 16th day of August, 2022.

Alejandra Sotelo-Solis, Mayor

ATTEST:

Luz Molina, City Clerk
APPROVED AS TO FORM:

Barry J. Schultz, Interim City Attorney

AGENDA REPORT

Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC, City Clerk’s Office Meeting Date: Tuesday, August 16, 2022
Approved by: Brad Raulston, City Manager

SUBJECT:

City Council Meetings Schedule for December 2022 and January 2023.

RECOMMENDATION:

The City Council adopt a motion dispensing with the Tuesday, December 20, 2022, and Tuesday, January 3, 2023, Regular Meetings of the City Council; and adjourn the Regular Meeting of Tuesday, December 6, 2022 to the next Regular Meeting to be held on Tuesday, January 17, 2023. A Special Meeting will be called for Tuesday, December 13 at 6:00 p.m.

BOARD/COMMISSION PRIOR ACTION:

None.

EXPLANATION:

The City Council approved work furlough will result in City Hall being closed from Monday, December 19, 2022 until Monday, January 2, 2023. Consequently, the City Council Meeting Schedule for the Meetings of Tuesday, December 20, 2022, and Tuesday, January 3, 2023, will be modified.

Per Municipal Code Section 2.04.010, Regular Meetings of the City Council shall be held on the First and Third Tuesday of each month.

The Third Tuesday of December 2022 falls on the calendar during the scheduled furlough. In order to provide the public with the proper notice, it is r ecommended that the City Council adopt a motion dispensing with the December 20, 2022, and January 2, 2023, Regular Meetings of the City Council and adjourn the Regular Meeting of Tuesday, December 6, 2022 to the next Regular Meeting to be held on Tuesday, January 17, 2023. A Special Meeting will be called for Tuesday, December 13 at 6:00 p.m.

FINANCIAL STATEMENT:

None.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Not Applicable

ENVIRONMENTAL REVIEW:

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

PUBLIC NOTIFICATION:

Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.

AGENDA REPORT

Department: City Clerk's Office
Prepared by: Molly Brennan, Administrative Services Director Meeting Date: Tuesday, August 16, 2022
Approved by: Brad Raulston, City Manager

SUBJECT:

New Job Classifications, amending the National City Municipal Employees Association (NCMEA) Salary Schedule, and the Management Salary Schedule. (Human Resources)

RECOMMENDATION:

Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, Creating two (2) new job classifications and amending the National City Municipal Employees Association (NCMEA) Salary Schedule, and the Management Salary Schedule.”

BOARD/COMMISSION PRIOR ACTION:

The Civil Service Commission approved the job descriptions for the two (2) new classifications at their meeting on July 13, 2022.

EXPLANATION:

Staff recommends approving the addition of the Nutrition Services Supervisor classification to the National City Municipal Employees Association (NCMEA) Salary Schedule; and a dding the Homelessness Service Coordinator classification to the Management Salary Schedule.

These two (2) classifications were created to address their unique duties and responsibilities and to support the workforce sustainability of current and future service delivery in their respective departments. Once a new classification is approved by the Civil Service Commission, City Council is responsible for setting compensation for the classification. The salary range/steps for the new classifications were set to median as benchmarked against similar classifications in nearby public agencies. Each position will receive the 3% COLA in early 2023 and 2024, in line with the rest of the MEA and Management classifications.

The Nutrition Services Supervisor and the Homelessness Service Coordinator positions will be filled through an open recruitment.

FINANCIAL STATEMENT:

The current Fiscal Year 2022/2023 Adopted Budget included appropriations to fund these positions.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Not Applicable

ENVIRONMENTAL REVIEW:

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

PUBLIC NOTIFICATION:

Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.

ORDINANCE:

Not Applicable

EXHIBITS:

A. Proposed Job Classifications (Nutrition Services Supervisor and Homelessness Service Coordinator)
B. Amended National City Municipal Employees Association (NCMEA) Salary Schedule C. Amended Management Salary Schedule
D. Resolution

NUTRITION SERVICES SUPERVISOR
(Municipal Employees Association)

CITY OF NATIONAL CITY
CLASS SPECIFICATION Approved: July 13, 2022

DEFINITION

Under general direction, plan, supervise, organize, coordinate, and review the work of activities relating to the City’s Nutrition and Home Delivered Meals programs; and perform related duties as assigned.

EXAMPLES OF TYPICAL DUTIES
The following duties and responsibilities are representative of those typically performed by positions assigned to this classification. Any single positio n may not perform all of these duties and/or may perform similar related tasks not listed here. • Plan, organize, assign, supervise, and review the work of assigned staff responsible for the activities related to the City’s Nutrition and Home Delivered Meals programs, including health and wellness programs.
• Evaluate employee performance, mentor and guide employee development, and effectively recommend initial disciplinary action to division head; assist in selection and promotion.
• Train staff in work and safety procedures and in the operation and use of equipment, implement training procedures and standards.
• Identify opportunities for improving service delivery methods and procedures, participates with management in the development, review and implementation of best practices.
• Collaborates with professional kitchen staff to ensure timely development of nutritionally balanced meal plans.
• Prepares reports and make recommendations to division head. • Participates in developing divisional budget, monitors the program budgetary expenditures and oversees the procurement of food, supplies and equipment. • Participates in monitoring and evaluating program performance and ensures activities conform to federal, state, and local laws and regulations with the division head. • Assist in creating procedures for delivery of services and identify operational problems and suggest appropriate solutions to division head.
• Complies with all reporting and program procedures for city and partner agencies. • Sets-up, maintains, and monitors records, including timesheets, budget and client participation records,
• Performs other related duties as required or assigned.

Class Specification
Nutrition Services Supervisor

___________________________________________________________________________

MINIMUM QUALIFICATIONS
Training and Experience : Any combination equivalent to training and experience that could likely provide the required knowledge, skills, and abilities will be qualifying. A typical way to obtain the required knowledge, skills, and abilities would be: Two (2 ) years of increasingly responsible experience in the supervision of nutrition programs in a public agency, social service agency or institutional setting. Bilingual fluency in English and Spanish preferred.

Knowledge and Skills in : Principle of supervision, training, and performance evaluation; principles and practices of food service activities, principals of health, safety and sanitary practices standards and regulations and institutional meal delivery; knowledge of work control and resource allocation; standard office practices and procedures, including the use of standard office equipment, record-keeping, arithmetic, and computer applications related to the work; techniques for effectively dealing with individuals of various ages, various socio-economic and ethnic groups, and effectively representing the City in contacts with the public.

Ability to: Work independently while supervising facility and program participants; understand and apply facility use policies and procedures; provide courteous assistance to facility to patrons; maintain facility and equipment in a clean, safe and secure manner; operate modern office equipment including computer equipment and software programs; maintain accurate logs, records and basic written records o f work performed; organize work, set priorities, and meet deadlines; communicate clearly and concisely , orally and in writing ; establish, maintain and foster positive and effective working relations and communication with all segments of the community; wor k with various cultural and ethnic groups in a tactful and effective manner, provide a high level of customer service to public, vendors, contractors and City staff.

License Required: Possession of a valid California Class C Driver’s License and a food manager’s certificate, which must be maintained throughout employment, is required at time of appointment.

HOMELESSNESS SERVICE

COORDINATOR
(Unrepresented – Management Group)

CITY OF NATIONAL CITY
CLASS SPECIFICATION A pproved: July 13, 2022

DEFINITION

To plan, direct, coordinate and manage the activities of Homeless Outreach Services within the Neighborhood Services Division under the Community Development Department. Performing a wide variety of specialized, duties in support of the City’s Homeless Outreach Program to address chronic homelessness and focus on providing high intensity case management including individualized and comprehensive support throughout the transition from street to housing; initiate and engage in outreach and advocacy activities in known homeless areas and in response to community requests; collaborate plus coordinate between several homeless service providers to facilitate linkage to an array of services and resources such as: healthcare, education, and disability benefits, mental health services, substance abuse programs, legal services, employment opportunities, and housing referral and placement; and to develop relationships within the community to identify new and existing opportunities to better assist clients during the transition to permanent housing; and performs related work as required. This position operates in support of the City’s Homeless Action Plan; and performs related work as required.

EXAMPLES OF TYPICAL DUTIES
The following duties and responsibilities are represen tative of those typically performed by positions assigned to this classification. Any single position may not perform all of these duties and/or may perform similar related tasks not listed here.
 Provide administrative support to ensure successful implementation, coordination of participant services, achievement of program performance measures, and evaluation of services provided.  Perform persistent and frequent outreach throughout the City where those experiencing homelessness reside and congregate, and respond to community requests for street outreach intervention.
 Receive and respond to community calls for service related to homelessness.  Respond to requests from City departments, merchants, community groups, and citizens to assist individuals found at-risk in places not meant for human habitation.  Coordinate intake and conduct initial interview, including completion of the Vulnerability Index & Service Prioritization Decision Assistance Tool (VI-SPDAT), for all clients to determine appropriate intervention and supportive services.
 Obtain client’s social and medical history, and integrate with assessment results to either collaborate with clients to develop Individualized Service Plans (ISP) that address barriers to obtaining housing and services, or appropriately facilitate a warm handoff to a primary provider for case management services.
 Provide ongoing case management support to support ISP goals including advocacy assistance with procuring documentation and services such as identification or disability income, and transportation to appointments.
 Provide crisis intervention services for individuals experiencing homelessness in the community.

Class Specification
Homelessness Services Coordinator

___________________________________________________________________________  Liaise with law enforcement Homeless Outreach Team (HOT) and Psychiatric Emergency Response Team (PERT) clinicians within the city.
 Coordinate responses to encampments within the city and track locations of encampments for outreach activities, deploy resources and track service outcomes.  Lead efforts to collaborate with Regional Task Force on the Homelessness.  Maintain expertise of pertinent government and community services and resources to effectively provide information, referrals, linkages, and advocacy that assist clients in obtaining permanent housing.
 Identify appropriate permanent housing options for clients based on their needs, aid with housing location and application, and advocate for clients with prospective landlords.  Develop relationships within the community, including local businesses, landlords, and other service providers, to identify new and existing opportunities and build relationships to better assist clients in accessing resources, employment services and housing.  Maintain timely and accurate documentation according to program requirements.  Prepare, complete, and submit reports, according to program requirements and as needed.  Attends and participates in professional group meetings; staying abreast of new trends and innovations in the field of Homeless Outreach Services; researches emerging products and enhancements and their applicability to City needs.
 Provides interdepartmental support on projects including capital improvement projects and facility management for new or existing facilities dealing with homeless issues.  Participates in the development and implementation of goals, objectives, policies, and priorities for the entire department and/or division; recommends and implements resulting policies and procedures. Assists in program and policy formulation and ensures compliance with regulations and policies.
 Conducts and attends staff meetings; leads work teams; selects, supervises, trains, motivates, and evaluates assigned staff and volunteers; provides or coordinates staff training.  Prepares staff reports and makes presentations to the City Council on various departmental programs related to homeless efforts, events and activities. Serves as staff on a variety of boards, commissions, and committees; prepares and presents staff reports and other necessary correspondence; gathers data and information as necessary.  Responds to inquiries, complaints, or requests for information and services from various public and private agencies in the resolution of issues regarding homelessness and outreach services and programs; resolves difficult and sensitive issues and assists in determining alternative resolutions.
 Provides highly complex staff assistance to the Director of Community Development; conducts a variety of studies; develops and recommends modifications to programs, policies, and procedures as appropriate.
 Performs other related duties as required or assigned.

Class Specification
Homelessness Services Coordinator

___________________________________________________________________________

MINIMUM QUALIFICATIONS
Training and Experience : Any combination equivalent to trai ning and experience that could likely provide the required knowledge, skills, and abilities will be qualifying. A typical way to obtain the required knowledge, skills, and abilities would be: B achelor’s degree from an accredited college or university in social work, behavi oral health, business administrati on, public administration, criminal justice; or another closely relate d field; and three (3) years of progressively responsible professional experience in social services and programs, co mmunity services and programs, homeless outreach services and programs, and/or related experience, of which must include two (2) years of supervising experience. A Master’s Degree in a related field is highly desirable. Bilingual fluency in English and Spanish preferred.

Knowledge and Skills in : The principle and practices of public administration; contract/project management and organization; local government organizational structure, functions and management and evaluation of homeless assistance services and pr ograms; performance based management; methods involved in organizing, conducting and supervis ing homeless outreach programs and services; knowledgeable in the characteristics involved in research methods and programming services and working with all citizens in the community (diverse population); data tracking and performance measurement needed in programs and services; knowledgeable of pertinent federal, state and local regulatory laws applicable to homelessness and services (safety and health regulations, etc.) and hazard and safety precautions; principle of administration and budgetin g; federal and state grant program rules and regulations; grant writing and alterna tive funding; fiscal procedures; principle of supervision, training, and performance evaluation.

Ability to: Develop and administer homeless programs a nd services for the needs of the community, understand community needs in a variety of ar eas, including housing and ne ighborhood services and reporting by analyzing problems, conducting research and analyzing data, identifying alternative solutions and developing recommendations; correctly interpret and apply general administrative and department policies and procedures; establish a nd maintain effective working relationships with participants, City employees, community organizations, non-profits, ge neral public, law enforcement, local government agencies, commission members and elected officials; cr eate mutually beneficial partnerships in the community; speak and write in a clear and concise manner; prepare clear and concise records, reports, correspondence and other written materials; maintain a variety of records; exercise professional and sound judgement in problem-solving and evaluation; operate a personal computer, modern office equipment and applicable software programs.

License Required: Possession of a valid California Class C Driver’s License, which must be maintained throughout employment, is required at time of appointment.

CITY OF NATIONAL CITY

NCMEA SALARY SCHEDULE UPDATE

POSITION STEP HOURLY BIWEEKLY MONTHLY ANNUAL

NUTRITION SERVICES SUPERVISOR
As of 8/16/2022
A 29.35 2,347.94 5,087.20 61,046.35
B 30.82 2,465.33 5,341.56 64,098.67
C 32.36 2,588.60 5,608.63 67,303.60
D 33.98 2,718.03 5,889.07 70,668.78
E 35.67 2,853.93 6,183.51 74,202.12

NUTRITION SERVICES SUPERVISOR
EFFECTIVE JANUARY 2023
A 30.23 2,418.37 5,239.81 62,877.74
B 31.74 2,539.29 5,501.80 66,021.63
C 33.33 2,666.26 5,776.89 69,322.71
D 34.99 2,799.57 6,065.74 72,788.84
E 36.74 2,939.55 6,369.02 76,428.25

NUTRITION SERVICES SUPERVISOR
EFFECTIVE JANUARY 2024
A 31.14 2,490.93 5,397.01 64,764.07
B 32.69 2,615.47 5,666.86 68,002.28
C 34.33 2,746.25 5,950.20 71,402.39
D 36.04 2,883.56 6,247.71 74,972.51
E 37.85 3,027.73 6,560.09 78,721.09

City of National City
Human Resources Department

MANAGEMENT POSITIONS
February 8, 2022
Asst Director of PW/Engineering 9,029.30$ – 12,634.81 $ 108,351.58 $ – 151,617.78 $ Battalion Chief ² 8,379.44$ – 11,427.18 $ 100,553.30 $ – 137,126.15 $ Budget Manager 6,084.69$ – 10,109.50 $ 73,016.28 $ – 121,313.96 $ Building Official 7,563.42$ – 11,247.35 $ 90,761.01 $ – 134,968.19 $ Community Development Manager 7,654.06$ – 10,553.29 $ 91,848.74 $ – 126,639.46 $ Community Development Specialist III 6,180.60$ – 9,289.76 $ 74,167.23 $ – 111,477.18 $ Community Services Manager 6,146.24$ – 9,535.07 $ 73,754.87 $ – 114,420.80 $ Deputy City Attorney 7,432.18$ – 10,900.54 $ 89,186.18 $ – 130,806.43 $ Deputy City Clerk 5,825.34$ – 8,083.68 $ 69,904.08 $ – 97,004.12 $ Deputy Director of Human Resources 7,705.07$ – 10,623.62 $ 92,460.89 $ – 127,483.48 $ Equipment Maint Supervisor 5,822.46$ – 8,807.62 $ 69,869.47 $ – 105,691.47 $ Facilities Maint Supervisor 4,495.31$ – 7,486.54 $ 53,943.74 $ – 89,838.54 $ Financial Services Officer 7,868.80$ – 10,632.07 $ 94,425.57 $ – 127,584.85 $ Homelessness Service Coordinator 7,153.47$ – 9,743.03 $ 85,841.60 $ – 116,916.36 $ Housing Programs Manager 7,034.48$ – 9,844.24 $ 84,413.76 $ – 118,130.93 $ Human Resources Manager 7,705.07$ – 10,623.62 $ 92,460.89 $ – 127,483.48 $ Information Technology Manager 8,403.18$ – 10,915.79 $ 100,838.13 $ – 130,989.45 $ Management Analyst I 4,215.43$ – 6,414.54 $ 50,585.11 $ – 76,974.54 $ Management Analyst II 4,791.05$ – 7,289.93 $ 57,492.54 $ – 87,479.12 $ Management Analyst III 5,361.93$ – 8,165.30 $ 64,343.16 $ – 97,983.58 $ Neighborhood Council Coordinator 5,308.33$ – 8,083.68 $ 63,699.98 $ – 97,004.12 $ Neighborhood Services Manager 4,423.40$ – 9,008.57 $ 53,080.80 $ – 108,102.88 $ Nutrition Program Manager 4,856.78$ – 8,783.56 $ 58,281.33 $ – 105,402.77 $

SALARY BAND
(MONTHLY) (ANNUAL)

POSITION TITLE SALARY BAND
1 Compensation Plan (Mgmt Positions)
Revised 08/16/2022

City of National City
Human Resources Department

MANAGEMENT POSITIONS
February 8, 2022
Park Superintendent 6,275.79$ – 8,940.04 $ 75,309.43 $ – 107,280.46 $ PIO/Mgmt Analyst III 5,477.37$ – 8,341.10 $ 65,728.48 $ – 100,093.19 $ Planning Manager 8,033.16$ – 10,554.45 $ 96,397.92 $ – 126,653.40 $ Police Captain ¹ 11,249.69$ – 14,510.98 $ 134,996.29 $ – 174,131.77 $ Police Support Services Manager 7,739.96$ – 8,564.77 $ 92,879.50 $ – 102,777.28 $ Principal Civil Engineer 9,002.21$ – 11,206.25 $ 108,026.47 $ – 134,474.96 $ Principal Librarian 6,938.63$ – 8,885.48 $ 83,263.54 $ – 106,625.78 $ Principal Planner 7,302.87$ – 9,594.95 $ 87,634.45 $ – 115,139.34 $ Project Officer 5,979.68$ – 9,164.31 $ 71,756.15 $ – 109,971.74 $ Purchasing Agent 5,533.05$ – 9,620.09 $ 66,396.56 $ – 115,441.04 $ Recreation Superintendent 6,125.72$ – 8,783.56 $ 73,508.69 $ – 105,402.77 $ Risk Manager 5,700.06$ – 10,484.24 $ 68,400.75 $ – 125,810.90 $ Senior Accountant 6,323.20$ – 7,868.80 $ 75,878.36 $ – 94,425.57 $ Special Assistant to the Mayor 4,560.72$ – 7,217.06 $ 54,728.69 $ – 86,604.67 $ Street Maintenance Supervisor 5,288.66$ – 7,486.54 $ 63,463.90 $ – 89,838.54 $ Street & Wastewater Maint Superintendent 6,184.78$ – 9,124.27 $ 74,217.36 $ – 109,491.28 $ Traffic Engineer 8,530.00$ – 11,045.77 $ 102,359.96 $ – 132,549.29 $ Wastewater Supervisor 5,650.77$ – 7,562.86 $ 67,809.22 $ – 90,754.37 $

SALARY BAND
(MONTHLY) (ANNUAL)

POSITION TITLE SALARY BAND
¹ Police Captain receives a $750 Uniform Allowance
² Battalion Chief receives a $650 Uniform Allowance
2 Compensation Plan (Mgmt Positions)
Revised 08/16/2022

City of National City
Human Resources Department

MANAGEMENT POSITIONS
February 2023
Asst Director of PW/Engineering 9,629.75$ – 13,475.03 $ 115,556.96 $ – 161,700.36 $ Battalion Chief ² 8,909.86$ – 12,150.52 $ 106,918.33 $ – 145,806.23 $ Budget Manager 6,586.07$ – 10,942.52 $ 79,032.82 $ – 131,310.23 $ Building Official 8,071.68$ – 12,003.17 $ 96,860.15 $ – 144,038.05 $ Community Development Manager 8,039.06$ – 11,084.12 $ 96,468.73 $ – 133,009.43 $ Community Development Specialist III 6,453.17$ – 9,699.44 $ 77,438.00 $ – 116,393.32 $ Community Services Manager 6,330.63$ – 9,821.12 $ 75,967.52 $ – 117,853.42 $ Deputy City Attorney 8,074.32$ – 11,842.34 $ 96,891.87 $ – 142,108.10 $ Deputy City Clerk 6,000.10$ – 8,326.19 $ 72,001.20 $ – 99,914.25 $ Deputy Director of Human Resources 8,146.57$ – 11,232.36 $ 97,758.89 $ – 134,788.29 $ Equipment Maint Supervisor 5,997.13$ – 9,071.85 $ 71,965.56 $ – 108,862.22 $ Facilities Maint Supervisor 4,630.17$ – 7,711.14 $ 55,562.05 $ – 92,533.69 $ Financial Services Officer 8,267.75$ – 11,321.03 $ 99,212.94 $ – 135,852.35 $ Homelessness Service Coordinator 7,368.07$ – 10,035.32 $ 88,416.84 $ – 120,423.84 $ Housing Programs Manager 7,414.34$ – 10,375.83 $ 88,972.11 $ – 124,510.00 $ Human Resources Manager 8,146.57$ – 11,232.36 $ 97,758.89 $ – 134,788.29 $ Information Technology Manager 8,961.99$ – 11,641.69 $ 107,543.87 $ – 139,700.25 $ Management Analyst I 4,385.73$ – 6,673.69 $ 52,628.75 $ – 80,084.31 $ Management Analyst II 4,984.60$ – 7,584.44 $ 59,815.24 $ – 91,013.28 $ Management Analyst III 5,578.55$ – 8,495.18 $ 66,942.63 $ – 101,942.12 $ Neighborhood Council Coordinator 5,467.58$ – 8,326.19 $ 65,610.98 $ – 99,914.25 $ Neighborhood Services Manager 4,660.05$ – 9,490.53 $ 55,920.62 $ – 113,886.38 $ Nutrition Program Manager 5,070.96$ – 9,170.92 $ 60,851.53 $ – 110,051.03 $

SALARY BAND
(MONTHLY) (ANNUAL)

POSITION TITLE SALARY BAND
1 Compensation Plan (Mgmt Positions)
Revised 08/16/2022

City of National City
Human Resources Department

MANAGEMENT POSITIONS
February 2023
Park Superintendent 6,669.28$ – 9,500.58 $ 80,031.33 $ – 114,006.94 $ PIO/Mgmt Analyst III 5,821.35$ – 8,864.92 $ 69,856.23 $ – 106,379.04 $ Planning Manager 8,274.15$ – 10,871.08 $ 99,289.86 $ – 130,453.00 $ Police Captain ¹ 11,897.67$ – 15,346.81 $ 142,772.08 $ – 184,161.76 $ Police Support Services Manager 8,446.62$ – 9,346.74 $ 101,359.39$ – 112,160.85 $ Principal Civil Engineer 9,572.05$ – 11,915.60 $ 114,864.55 $ – 142,987.22 $ Principal Librarian 7,164.83$ – 9,175.15 $ 85,977.93 $ – 110,101.78 $ Principal Planner 7,875.42$ – 10,347.19 $ 94,504.99 $ – 124,166.27 $ Project Officer 6,159.07$ – 9,439.24 $ 73,908.84 $ – 113,270.89 $ Purchasing Agent 5,699.04$ – 9,908.69 $ 68,388.46 $ – 118,904.27 $ Recreation Superintendent 6,395.87$ – 9,170.92 $ 76,750.42 $ – 110,051.03 $ Risk Manager 5,987.35$ – 11,012.65 $ 71,848.15 $ – 132,151.77 $ Senior Accountant 6,643.78$ – 8,267.75 $ 79,725.39 $ – 99,212.94 $ Special Assistant to the Mayor 4,697.55$ – 7,433.57 $ 56,370.55 $ – 89,202.81 $ Street Maintenance Supervisor 5,447.32$ – 7,711.14 $ 65,367.82 $ – 92,533.69 $ Street & Wastewater Maint Superintendent 6,708.01$ – 9,896.19 $ 80,496.14 $ – 118,754.24 $ Traffic Engineer 9,205.57$ – 11,920.60 $ 110,466.87 $ – 143,047.19 $ Wastewater Supervisor 5,879.62$ – 7,869.16 $ 70,555.49 $ – 94,429.92 $

SALARY BAND
(MONTHLY) (ANNUAL)

POSITION TITLE SALARY BAND
¹ Police Captain receives a $750 Uniform Allowance
² Battalion Chief receives a $650 Uniform Allowance
2 Compensation Plan (Mgmt Positions)
Revised 08/16/2022

City of National City
Human Resources Department

MANAGEMENT POSITIONS
February 2024
Asst Director of PW/Engineering 10,270.12$ – 14,371.12 $ 123,241.50 $ – 172,453.43 $ Battalion Chief ² 9,473.85$ – 12,919.65 $ 113,686.26 $ – 155,035.76 $ Budget Manager 7,128.76$ – 11,844.18 $ 85,545.13 $ – 142,130.20 $ Building Official 8,614.10$ – 12,809.78 $ 103,369.15 $ – 153,717.41 $ Community Development Manager 8,443.43$ – 11,641.65 $ 101,321.10 $ – 139,699.80 $ Community Development Specialist III 6,737.75$ – 10,127.19 $ 80,853.02 $ – 121,526.27 $ Community Services Manager 6,520.55$ – 10,115.75 $ 78,246.54 $ – 121,389.03 $ Deputy City Attorney 8,771.94$ – 12,865.52 $ 105,263.33 $ – 154,386.24 $ Deputy City Clerk 6,180.10$ – 8,575.97 $ 74,161.24 $ – 102,911.67 $ Deputy Director of Human Resources 8,613.37$ – 11,875.97 $ 103,360.48 $ – 142,511.65 $ Equipment Maint Supervisor 6,177.04$ – 9,344.01 $ 74,124.52 $ – 112,128.08 $ Facilities Maint Supervisor 4,769.08$ – 7,942.48 $ 57,228.91 $ – 95,309.70 $ Financial Services Officer 8,686.92$ – 12,054.63 $ 104,243.04 $ – 144,655.58 $ Homelessness Service Coordinator 7,589.11$ 10,336.38 $ 91,069.32 $ 124,036.56 $ Housing Programs Manager 7,814.72$ – 10,936.13 $ 93,776.60 $ – 131,233.54 $ Human Resources Manager 8,613.37$ – 11,875.97 $ 103,360.48 $ – 142,511.65 $ Information Technology Manager 9,557.96$ – 12,415.86 $ 114,695.53 $ – 148,990.31 $ Management Analyst I 4,562.91$ – 6,943.31 $ 54,754.95 $ – 83,319.71 $ Management Analyst II 5,185.98$ – 7,890.85 $ 62,231.78 $ – 94,690.21 $ Management Analyst III 5,803.93$ – 8,838.38 $ 69,647.11 $ – 106,060.58 $ Neighborhood Council Coordinator 5,631.61$ – 8,575.97 $ 67,579.31 $ – 102,911.67 $ Neighborhood Services Manager 4,909.36$ – 9,998.28 $ 58,912.38 $ – 119,979.31 $ Nutrition Program Manager 5,294.59$ – 9,575.36 $ 63,535.09 $ – 114,904.28 $

SALARY BAND
(MONTHLY) (ANNUAL)

POSITION TITLE SALARY BAND
1 Compensation Plan (Mgmt Positions)
Revised 8/16/2022

City of National City
Human Resources Department

MANAGEMENT POSITIONS
February 2024
Park Superintendent 7,087.44$ – 10,096.26 $ 85,049.29 $ – 121,155.18 $ PIO/Mgmt Analyst III 6,186.93$ – 9,421.64 $ 74,243.20 $ – 113,059.64 $ Planning Manager 8,522.38$ – 11,197.22 $ 102,268.55 $ – 134,366.59 $ Police Captain ¹ 12,582.98$ – 16,230.79 $ 150,995.75 $ – 194,769.47 $ Police Support Services Manager 9,217.79$ – 10,200.09 $ 110,613.51 $ – 122,401.13 $ Principal Civil Engineer 10,177.96$ – 12,669.86 $ 122,135.48 $ – 152,038.31 $ Principal Librarian 7,398.40$ – 9,474.26 $ 88,780.81 $ – 113,691.10 $ Principal Planner 8,492.85$ – 11,158.41 $ 101,914.18 $ – 133,900.90 $ Project Officer 6,343.84$ – 9,722.42 $ 76,126.10 $ – 116,669.02 $ Purchasing Agent 5,870.01$ – 10,205.95 $ 70,440.11 $ – 122,471.40 $ Recreation Superintendent 6,677.93$ – 9,575.36 $ 80,135.12 $ – 114,904.28 $ Risk Manager 6,289.11$ – 11,567.69 $ 75,469.30 $ – 138,812.22 $ Senior Accountant 6,980.62$ – 8,686.92 $ 83,767.47 $ – 104,243.04 $ Special Assistant to the Mayor 4,838.47$ – 7,656.57 $ 58,061.67 $ – 91,878.89 $ Street Maintenance Supervisor 5,610.74$ – 7,942.48 $ 67,328.85 $ – 95,309.70 $ Street & Wastewater Maint Superintendent 7,275.51$ – 10,733.40 $ 87,306.12 $ – 128,800.85 $ Traffic Engineer 9,934.65$ – 12,864.71 $ 119,215.85 $ – 154,376.53 $ Wastewater Supervisor 6,117.75$ – 8,187.86 $ 73,412.99 $ – 98,254.33 $

SALARY BAND
(MONTHLY) (ANNUAL)

POSITION TITLE SALARY BAND
¹ Police Captain receives a $750 Uniform Allowance
² Battalion Chief receives a $650 Uniform Allowance
2 Compensation Plan (Mgmt Positions)
Revised 8/16/2022

RESOLUTION NO. 2022-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA CREATING TWO (2) NEW JOB CLASSIFICATIONS AND AMENDING

THE NATIONAL CITY MUNICIPAL EMPLOYEES ASSOCIATION (NCMEA) SALARY

SCHEDULE AND THE MANAGEMENT SALARY SCHEDULE

WHEREAS, City staff recommends approving the addition of the Nutrition Services Supervisor classification to the National City Municipal Employees Association (NCMEA) Salary Schedule and adding the Homelessness Service Coordinator classification to the Management Salary Schedule; and

WHEREAS, the two (2) classifications were created to address their unique duties and responsibilities and to support the workforce sustainability of current and future service delivery in their respective departments; and
WHEREAS, the Nutrition Services Supervisor and the Homelessness Service Coordinator positions will be filled through an open recruitment; and

WHEREAS, City staff recommends City Council approval in creating two (2) new job classifications and amending the National City Municipal Employees Association (NCMEA) Salary Schedule and the Management Salary Schedule.

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

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

Section 1: Approves the addition of the Nutrition Services Supervisor classification to the National City Municipal Employees Association (NCMEA) Salary Schedule and adds the Homelessness Service Coordinator classification to the Management Salary Schedule.

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

PASSED and ADOPTED this 16th day of August, 2022.

Alejandra Sotelo-Solis, Mayor
ATTEST:

Luz Molina, City Clerk

APPROVED AS TO FORM:

Barry J. Schultz, Interim City Attorney

AGENDA REPORT

Department: Engineering
Prepared by: Luca Zappiello, Assistant Engineer – Civil Meeting Date: Tuesday, August 16, 2022
Approved by: Brad Raulston, City Manager

SUBJECT:

Execute Program Supplement Agreement (PSA) No. A062 with State of California Department of Transportation (Caltrans) - Highland Avenue Inter -City Connection Project allow for reimbursement of up to $58,000 in Active Transportation Program Grant Fund. (Eng-Civil)

RECOMMENDATION:

Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, 1) Authorizing the Mayor to execute Program Supplement Agreement (PSA) No. A062 with the State of California Department of Transportation (Caltrans) for the Highland Avenue Inter -City Bike Connection Project to allow for reimbursement of up to $58,000 in eligible project expenditures through the State Active Transportation Program (ATP); 2) authorizing the establishment of an Engineering Grant Funds a ppropriation of $58,000 and corresponding revenue budget; and 3) committing to providing a local match of $2,000.

BOARD/COMMISSION PRIOR ACTION:

Not Applicable.

EXPLANATION:

On January 11, 2021, the California Department of Transportation (Caltrans) awarded a $1,895,000 State Active Transportation Program (ATP) grant for the Highland Avenue Inter-City Bike Connection Project.

The $1,895,000 award was distributed by Project phases as follows:

 Project Approval and Environmental Documents (PA&ED) - $58,000  Plans, Specifications and Estimate (PS&E) – $260,000
 Construction (CON) - $1,577,000

On July 20, 2022, Caltrans authorized the City to proceed with the Environmental & Permits phase in the amount of $58,000 with a local match of $2,000.

The Highland Avenue Inter-City Bike Connection project will construct nearly 0.4 miles of Class IV and Class II bicycle facilities along Highland Avenue from 30th Street to the southern City limits, per the City's Bicycle Master Plan.

Once the PA&ED phase is complete, staff will return to the City Council for the appropriation of the PS&E and Construction funds.

A City Council resolution authorizing the Mayor to execute Program Supplement Agreement No.

A062 to Administering Agency-State Master Agreement No. 11-5066S21 is required to allow for reimbursement of eligible project expenditures through the ATP grant.

FINANCIAL STATEMENT:

ATP Grant - $58,000
Revenue Account No. 296-06608-3463
Expenditure Account No. 296-409-500-598-6608 (Highland Avenue Inter-City Bike Connection Project)
Required Local Match - $2,000
Expenditure Account No. 109-409-500-598-6035 - $2,000

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Transportation Choices and Infrastructure

ENVIRONMENTAL REVIEW:

This is a project under CEQA subject to a Categorical Exemption. Minor Additions to Schools CCR 15314. This project qualifies for a Notice of Exemption. CCR 15374.

PUBLIC NOTIFICATION:

Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A – Map - Highland
Exhibit B – Agreement – Program Supplement Agreement
Exhibit C - Resolution

Feet
·}54
LAve
E. 30th St
Bikeway
D
Ave
City of National City
N.2ndAve
N.4th
Ave
Highland
Ave
Sweetwater River·}54
ity of Chula VistaC
Project Plan ViewHighland Avenue Inter-City Bike Connection Active Transportation Program Cycle 5 Grant Application N
06 0 0300
#
All work will be completed within existing roadway (curb to curb) Caltrans
Right of Way
Connection to City of Chula Vista
Proposed Class II/IV - Bike
Lanes (Extents of Project)
Caltrans Right of Way
Potential Intersection Improvement
Enhanced Bike Interface at Freeway Ramps Class IV - Bike Lanes Planned Pedestrian Paths
Class III - Bike Route
Class II- Bike Lane
Class I - Regional Bike Path
Sweetwater River Bikeway Connection /
30th Street Bicycle Facility Improvements
(Fully Funded)
Sweetwater Road Protected Bikeway
Phase 1 (Fully Funded)
Planned III - Bike Route
Planned Class II- Bike Lane
Bicycle-Friendly Intersection
Improvements

SR 54 WEST
RAMP
E 30TH STREET
replace existing
curb ramp with two
directional ramps
reconstruct
cross gutter
and curb ramps
reconstruct
curb ramp (typ)
11'9'
11' 10'
11' 11'
6'
11'
6' 11'
11' 11'
6'11'
11' 11' 11' 11' 11' 11'5' 5'
3'
Caltrans R/W
Caltrans R/W
R/W
R/W
traffic signal
modification
traffic signal
modification

HIGHLAND AVE

HIGHLAND AVE
SR 54 EAST
RAMP
reconstruct curb
ramp (typ)
11' 11' 16' 11' 11'
5'
5'
3'
3' 6' 11' 11'
5'
3'
11'14'11'
Caltrans R/W
3'
traffic signal
modification
Highland Avenue
Concept Plan
9/15/2020

SEE BELOW

SEE ABOVE
Feet
100500

00000A062
FOR STATE FUNDED PROJECTS NO 11-5066S21
1122000234
July 20, 2022
11-SD-0-NATC
ATPL-5066(052)
5066
This Program Supplement, effective 06/30/2022, hereby adopts and incorporates into the Administering Agency-State Agreement No. 11-5066S21 for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the ADMINISTERING AGENCY on (See copy attached).

The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived from sources noted below encumbered to this project, Administering Agency accepts and will comply with the Special Covenants and remarks set forth on the following pages.

Highland Avenue Inter-City Bike Connection
Construct Class IV & II bicycle facilities, traffic calming, pavement markings, signing, signal mods

0.0(MILES)
State Funds
Estimated Cost Matching Funds

CITY OF NATIONAL CITY
By ________________________________ By ________________________________ Title _______________________________
Date _______________________________
Attest _______________________________ Date _______________________________ Division of Local Assistance
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:

Accounting Officer _______________________ Date
PROGRAM SUPPLEMENT NO.
to

ADMINISTERING AGENCY-STATE AGREEMENT
Adv. Project ID Date:

Location:

Project Number:

E.A. Number:

Locode:

PROJECT LOCATION:

TYPE OF WORK: LENGTH:

LOCAL OTHER
$60,000.00 $2,000.00 $0.00
Chief, Office of Project Implementation

STATE OF CALIFORNIA
Department of Transportation
$58,000.00
SB1 funds $58,000.00
1 Page of 4Program Supplement 11--506-A062- SERIAL
_____________
07/20/2022

SPECIAL COVENANTS OR REMARKS
11-SD-0-NATC
ATPL-5066(052)

1. A. This PROJECT will be administered in accordance with the applicable CTC STIP guidelines and the Active Transportation Program guidelines as adopted or amended, the Local Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines (LAPG), and this PROGRAM SUPPLEMENT.

B. This PROJECT is programmed to receive State funds from the Active Transportation Program (ATP). Funding may be provided under one or more components. A component(s) specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the component(s) identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per component(s).

This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible PROJECT expenditures for the component(s) allocated. Unless otherwise determined, the effective date of the component specific allocation will constitute the start of reimbursable expenditures.

C. STATE and ADMINISTERING AGENCY agree that any additional funds made available by future allocations will be encumbered on this PROJECT by use of a STATE-approved Allocation Letter and STATE Finance Letter. ADMINISTERING AGENCY agrees that STATE funds available for reimbursement will be limited to the amount allocated by the California Transportation Commission (CTC) and/or the STATE.

D. Upon ADMINISTERING AGENCY request, the CTC and/or STATE may approve supplementary allocations, time extensions, and fund transfers between components. Funds transferred between allocated project components retain their original timely use of funds deadlines, but an approved time extension will revise the timely use of funds criteria for the component(s) and allocation(s) requested. Approved supplementary allocations, time extensions, and fund transfers between components made after the execution of this PROGRAM SUPPLEMENT will be documented and considered subject to the terms and conditions thereof.

Documentation will consist of a STATE approved Allocation Letter, Fund Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate.

E. This PROJECT is subject to the timely use of funds provisions enacted by the Active Transportation Program guidelines, as adopted or amended, and by approved CTC and State procedures as outlined below.

Funds allocated for the environmental & permits (E&P), plan specifications & estimate (PS&E), and right-of-way components are available for expenditure until the end of the second fiscal year following the year in which the funds were allocated. 2Page of 4Program Supplement 11--506-A062- SERIAL

SPECIAL COVENANTS OR REMARKS
11-SD-0-NATC
ATPL-5066(052)
Funds allocated for the construction component are subject to an award deadline and contract completion deadline. ADMINISTERING AGENCY agrees to award the contract within 6 months of the construction fund allocation and to complete and accept the construction within 36 months of award.

F. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing of invoices for the construction phase.

G. The ADMINISTERING AGENCY shall invoice STATE for environmental & permits (E&P), plans specifications & estimate (PS&E), and right-of-way costs no later than 180 days after the end of last eligible fiscal year of expenditure. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion or contract acceptance to make the final payment to the contractor prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and payment.

H. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LAPM and the Active Transportation Program (ATP) Guidelines.

I. ADMINISTERING AGENCY indirect costs, as defined in 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, to be claimed must be allocated in accordance with an Indirect Cost Allocation Plan (ICAP), submitted, reviewed, and approved in accordance with Caltrans Audits and Investigations requirements which may be accessed at: www.dot.ca.gov/hq/audits/.

ADMINISTERING AGENCY agrees to comply with, and require all sub-recipients and project sponsors to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, and all applicable Federal and State laws and regulations.

ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., and all applicable Federal and State laws and regulations, shall be used to determine the allowability of individual PROJECT cost items.

Any Fund expenditures for costs for which ADMINISTERING AGENCY has received 3Page of 4Program Supplement 11--506-A062- SERIAL

SPECIAL COVENANTS OR REMARKS
11-SD-0-NATC
ATPL-5066(052)
payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, or 48 CFR, Chapter 1, Part 3, are subject to repayment by ADMINISTERING AGENCY to STATE. Should ADMINISTERING AGENCY fail to reimburse Funds due STATE within 30 days of demand, or within such other period as may be agreed in writing between the Parties hereto, STATE is authorized to intercept and withhold future payments due ADMINISTERING AGENCY from STATE or any third-party source, including, but not limited to, the State Treasurer, the State Controller, and the California Transportation Commission.

J. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to comply with all reporting requirements in accordance with the Active Transportation Program guidelines, as adopted or amended.

K. This PROJECT has received funds from Active Transportation Program (ATP). The ADMINISTERING AGENCY agrees to administer the project in accordance with the CTC Adopted SB1 Accountability and Transparency Guidelines.

2. The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the scope of work presented in the application and approved by the California Transportation Commission. Any changes to the approved PROJECT scope without the prior expressed approval of the California Transportation Commission are ineligible for reimbursement and may result in the entire PROJECT becoming ineligible for reimbursement. 4Page of 4Program Supplement 11--506-A062- SERIAL

RESOLUTION NO. 2022 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA 1 ) AUTHORIZING THE MAYOR TO EXECUTE PROGRAM SUPPLEMENT AGREEMENT (PSA) NO. A062 WITH THE STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE HIGHLAND AVENUE

INTER-CITY BIKE CONNECTION PROJECT TO ALLOW FOR REIMBURSEMENT OF UP TO $58,000 IN ELIGIBLE PROJECT EXPENDITURES THROUGH THE STATE ACTIVE TRANSPORTATION PROGRAM (ATP); 2) AUTHORIZING THE

ESTABLISHMENT OF AN ENGINEERING GRANT FUNDS APPROPRIAT ION OF $58,000 AND CORRESPONDING REVENUE BUDGET; AND 3) COMMITTING TO PROVIDING A LOCAL MATCH OF $2,000

WHEREAS, on January 11, 2021, the California Department of Transportation (Caltrans) awarded a $1,895,000 State Active Transportation Program (ATP) grant for the Highland Avenue Inter-City Bike Connection Project; and

WHEREAS, the $1,895,000 award was distributed by Project phases as follows:

Project Approval and Environmental Documents (PA&ED) - $58,000; Plans, Specifications and Estimate (PS&E) – $260,000; Construction (CON) - $1,577,000; and WHEREAS, on July 20, 2022, Caltrans authorized the City to proceed with the Environmental & Permits phase in the amount of $58,000 with a local match of $2,000; and
WHEREAS, the Highland Avenue Inter-City Bike Connection project will construct nearly 0.4 miles of Class IV and Class II bicycle facilities along Highland Avenue from 30th Street to the southern City limits, per the City's Bicycle Master Plan; and

WHEREAS, once the PA&ED phase is complete, staff will return to the City Council for the appropriation of the PS&E and Construction funds; and

WHEREAS, City Council Resolution authorizing the Mayor to execute Program Supplement Agreement No. A062 to Administering Agency-State Master Agreement No. 11-5066S21 is required to allow for reimbursement of eligible project exp enditures through the ATP grant; and

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

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

Section 1: That the City Council hereby authorizes the Mayor to execute Program Supplement Agreement (PSA) No. A062 with the State of California Department of Transportation (Caltrans) for the Highland Avenue Inter -City Bike Connection Project to allow for reimbursement of up to $58,000 in eligible project expenditures through the State Active Transportation Program (ATP).

Section 2: That the City Council hereby authorizes the establishment of an Engineering Grant Funds appropriation of $58,000 and corresponding revenue budget.

Section 3: That the City Council hereby commit s to providing a local match of $2,000.

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

Resolution No. 2022 –
Page Two

PASSED and ADOPTED this ____th day of ___________, 2022.

Alejandra Sotelo-Solis, Mayor

ATTEST:

Luz Molina, City Clerk

APPROVED AS TO FORM:

Barry J. Schultz, Interim City Attorney

AGENDA REPORT

Department: Engineering
Prepared by: Luca Zappiello, Assistant Engineer - Civil Meeting Date: Tuesday, August 16, 2022
Approved by: Brad Raulston, City Manager

SUBJECT:

Reject all bids received May 12, 2022, Accept bids received July 20, 2022 , authorize appropriation, and award contract to Calif ornia Commercial Pool, Inc. - Las Palmas Swimming Pool Renovation Project, CIP No. 22-01.

RECOMMENDATION:

Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, 1) rejecting all bids received on May 12, 2022, for the Las Palmas Swimming Pool Renovation Project, CIP No. 22 -01; 2) accepting the bids received on July 20, 2022; 3 ) authorizing the appropriation of additional funds in amount of $660,907 from the remaining balance of American Rescue Plan Act (ARPA) fund; 4) awarding a contract to California Commercial Pool, Inc., in the not-to-exceed amount of $3,206,850 for the Las Palmas Swimming Pool Renovation Project, CIP No. 22 -01; 5) authorizing a 10% contingency in the amount of $320,685 for any unforeseen changes; and 6) authorizing the Mayor to execute the contract.

BOARD/COMMISSION PRIOR ACTION:

Not Applicable.

EXPLANATION:

The Las Palmas Pool Swimming Pool Renovation will re -plast, re-deck and expand the width of the pool by 10 feet. The expansion of the pool is based on the City Council’s desire to increase the pool’s capacity for both programming opportunities and swimming time for City residents. As plans and specifications were developed for the Las Palmas Pool Emergency Project, staff and the City’s consultant suggested that the expansion of the width of the pool by 10 feet would have positive benefits for the community including:

 Expanded pool size will increase lap and recreational swimming by 100% for both programmed and free swimming
 The pool size would be brought up to the standard for competition at the high school and collegiate level

The significance in adding width creates the ability to construct different configurations for pool usage. Resulting in more flexibility for programmed and free swim options simultaneously, increasing the overall use of the pool.

On April 21, 2022, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On April 28, 2022, and May 2, 2022, the bid solicitation was advertised in local newspapers. On May 12, 2022, four (4) bids were received by the 5:00 p.m. deadline. Upon a review of all documents submitted, staff rejected the first and second apparent lowest bidders as they did not meet the minimum project qualifications necessary to perform the work. Staff also

rejected the third and fourth apparent lowest bidders due to the fact the total cost of construction on bids was higher than the budget allocated by the City for this project.

As a result of this outcome, on June 23, 2022, staff re -advertised the project on PlanetBids with a revised scope of work in o rder to receive the bids within the budget allocations. On June 28, 2022, and July 5, 2022, the bid solicitation was advertised in local newspapers.

On July 20, 2022, two (2) bids were received by the 2:00 p.m. deadline. California Commercial Pools, Inc., was the apparent lowest bidder with a total bid amount of $3,206,850. Upon review of all documents submitted, California Commercial Pools, Inc.’s, bid was deemed responsive and the lowest responsible bidder qualified to perform the work as described in th e project specifications.

The initial authorized budget allocated by the City Council for the Las Palmas Swimming Pool Renovation project was $3,250,000 including the pre-construction soft costs , construction, contingency and construction soft costs . However, the lowest bid received was higher than estimated for every bid item. This is due to current national and regional challenges caused by material cost increase, shortage of labor force, fuel price increase and inflation. For this reason, staff is requesting appropriation of additional funds: $660,907 ($110,518 - construction expenditures; $320,685 - contingency; $229,704 - construction soft costs) for a total cost of $3,910,907 in order to cover the additional project cost s. See table 1 below showing the budget breakdown summary with related expenses.

Tasks Budget Expended
Pre-construction soft costs (design - bid
documents) $153,668 $153,668
Construction $3,206,850 $0
Contingency $320,685 $0
Construction soft costs (construction
management, additional design support) $229,704 $0
Total $3,910,907 $153,668
Table 1 – Project budget breakdown summary

Staff recommends awarding the contract to California Commercial Pools, Inc. in the amount not to exceed $3,206,850 and authorizing a 10% contingency in the amount of $320,685 to address any unforeseen conditions that may arise.

Attached are the bid opening summary sheet and a line item summary of the two lowest bidders for reference. Also attached is the Owner-Contractor Agreement.

Construction is estimated to start in September 2022 and completed by early 2023. Updates will be provided on the City’s CIP dashboard at:
https://www.nationalcityca.gov/government/engineering-public-works.

FINANCIAL STATEMENT:

Contract Award - $3,206,850
Expenditure Account No. 001-409-500-598-1173 - $1,000,000 (Las Palmas Pool Widening) Expenditure Account No. 117-409-500-598-1171 - $1,250,000 (Las Palmas Pool Deck Rehab) Expenditure Account No. 117-409-500-598-1170 - $846,332 (Re-plaster Las Palmas Pool) Expenditure Account No. 117-409-500-598-XXX - $110,518 (ARPA)

10% Contingency - $320,685
Expenditure Account No. 117-409-500-598-XXX - $320,685 (ARPA)

Expenditure Account No. 117-409-500-598-XXX - $229,704 (ARPA) (Construction soft costs)

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Parks, Recreation and Library

ENVIRONMENTAL REVIEW:

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

PUBLIC NOTIFICATION:

Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A – Swimming Pool - Activity Pool Deck Plan
Exhibit B – Rejection of All Bids Letter
Exhibit C – Bid Opening Summary
Exhibit D – Three Lowest Bidders Summary
Exhibit E – Contractor Agreement
Exhibit F - Resolution

BID OPENING SUMMARY

NAME: Las Palmas Swimming Pool Renovation
CIP NO: 22-01
DATE: July 20, 2022
TIME: 2:00 P.M.

ESTIMATE: $2,480,000
PROJECT ENGINEER: Roberto Yano, P.E.

NO. BIDDER’S NAME BID AMOUNT BID SECURITY
- BOND
1 California Commercial Pool, Inc.

Glendora, CA 91740 $3,206,850 Bond
2 Fordyce Construction, Inc.

Santee, CA 92071 $3,539,317 Bond

Bid Results for Las Palmas Swimming Pool Renovation (CIP No. 22-01) Item
No. Description Unit Qty. California Commercial Pool,
Inc.

Fordyce Construction,
Inc.
1 Mobilization LS 1 40,000 40,000 115,400 115,400
2 Competition Pool Widening LS 1 420,000 420,000 342,900 342,900 3 Competition Pool Remove and
Replace Plaster SF 10,954 38 420,086 47 509,361
4 Competition Pool Inlet / Fixture
Replacement LS 1 64,000 64,000 179,200 179,200
5 Activity Pool Inlet Replacement LS 1 7,500 7,500 2,900 2,900 6 Pool Deck Removal SF 26,992 6 151,155 3 80,976
7 Pool Deck Replacement SF 24,142 20 482,840 15 362,130 8 Remove Diving Boards LS 1 20,000 20,000 6,800 6,800
9 New Racing Platform Anchors EA 16 2,500 40,000 1,186 18,976 10 New Stancion Sockets EA 30 83 2,500 196 5,880
11 New Anchor Sockets for Grab
Rails EA 12 250 3,000 548 6,576
12 New Disabled Lift Anchors EA 2 750 1,500 1,096 2,192 13 New Lane Line Anchors EA 17 1,882 32,000 1,805 30,685 14 VGBA / AB1020 Main Drain
Replacement EA 3 3,333 10,000 10,600 31,800
15 Expansion Joint Sealant Repair LS 1 5,000 5,000 16,500 16,500 16 New ADA Handrail EA 1 6,000 6,000 7,270 7,270
17 New Interior 5' Fence and Gates LF 92 543 50,000 420 38,640 18 Existing Pool Floor Alterations SF 2,250 11 24,998 130 292,500 19 New Main Drains EA 3 11,667 35,000 8,037 24,111
20 New Floor Inlet System and
Piping Connections LS 1 184,000 184,000 247,116 247,116 21 New Pool Wall and Gutter LF 169 2,360 398,840 866 146,354 22 New Pool Tile SF 1,500 233 349,995 289 433,500
23 New Compliant Perimeter
Fencing, Gates, Hardware LF 600 575 345,000 410 246,000 24 Mechanical Room System
Component Replacement LS 1 33,936 33,936 347,300 347,300 25 Remove Existing Bldg. Side
Fence & Reslope Deck LS 1 75,500 75,500 33,000 33,000
26 Rebar/Gunite Repair LF 150 27 4,001 75 11,250
3,206,850 3,539,317

LAS PALMAS SWIMMING POOL RENOVATION PROJECT – CIP 22-01

OWNER - CONTRACTOR AGREEMENT
LAS PALMAS SWIMMING POOL RENOVATION PROJECT, CIP NO. 22-01 This Owner-Contractor Agreement ("Agreement") is made by and between the City of National City, t243 National City Boulevard National City, California 91950 and California Commercial Pool lnc. ("Contractor"), 2255 E Auto Centre Drive, Glendora, CA 91740 on the 16th day of Aueust, 2022, for the construction of the above referenced Project. ln consideration of the mutual covenants and agreements set forth herein, the Owner and Contractor have mutually agreed as follows:

1.. CONSTRUCTION
The Contractor agrees to do all the work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in a turn-key manner in accordance with this Agreement and all documents and plans referenced in Exhibit "A", (hereinafter "Contract Documents"), in compliance with all relevant Federal, State of California, County of San Diego and City of National City codes and regulations, and to the satisfaction of the Owner.

2. CONTRACT PRICE
Owner hereby agrees to pay and the Contractor agrees to accept as full compensation for constructing the project in accordance with these Contract Documents in an amount not to exceed the contract price as set forth in Exhibit "8" attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions.

3. TIME FOR PERFORMANCE
Time is of the essence for this Agreement and the Contractor shall construct the project in every detail to a complete and turn-key fashion to the satisfaction of the Owner within the specified duration set forth in the Special Provisions.

4. NON-DISCRIMINATION
ln the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person's compensation, terms, conditions or privileges of employment because of such person's race, religious status, sex or age.

5. AUTHORIZED OWNER REPRESENTATIVES
On behalf of the Owner, the Project Manager designated at the pre-construction meeting shall be the Owner's authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement.

6. WORKERS'COMPENSATION INSURANCE
a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.
b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification:
"l am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement."

7. ENTIRE AGREEMENT; CONFLICT
The Contract Documents comprise the entire agreement between the Owner and the Contractor with respect to the Work. ln the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith.

8. MAINTENANCE OF AGREEMENT DOCUMENTATION
Contractor 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 office 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 Owner and copies thereof shall be furnished to Owner if requested.

9. INDEPENDENT CONTRACTOR
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Owner.

Owner shall have the right to control Contractor insofar as the results of Contractor's

services rendered pursuant to this Agreement; however, Owner shall not have the right to control the means by which Contractor accomplishes such services. 1-0. LICENSES AND PERMITS
Contractor represents and declares to Owner that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession.

Contractor represents and warrants to Owner that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession.

LT. GOVERNING LAW, VENUE
This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of San Diego, Central Branch.

L2. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original.

13. FALSE CLAIMS
Contractor acknowledges that if a false claim is submitted to the Owner, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. ln the event the Owner seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys' fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years.

I have read and understood allof the provisions of this Section L3, above {*
ffi[ W
fr'6ti't)

L4. AGREEMENT MODIFICATION
This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Owner and the Contractor. lN WITNESS WHEREOF this Agreement is executed as of the date first written above Owner: Contractor:

California Commercial Pool lnc.

Aleja nd ra Sotelo-Solis
Mayor, City of National City
(Owner signature)
David E. Jackson, Vice President & Secretary
Print name and title

APPROVED AS TO FORM
(Second officer signature if a corporation)
By: ffi*
erintffieand title Ryan Jackson, Vice President
City of National City - 09051536
Barry Schultz
lnterim City Attorney
Contractor's City Business License No.
415172ClassB&C53
State Contractor's License No. and Class
2255E Auto Centre Drive,
Business street address
Glendora, CA 91740
City, State and Zip Code
tlllllrr,
GoM
*,rtItt

EXHIBIT A

CONTRACT DOCUMENTS
Owne r/Contracto r Agreement
Bid Schedule
Addenda
Plans
Specia I Provisions (Specifications)
San Diego County RegionalStandard Drawings
City of National City Standard Drawings
Standard Specifications for Public Works Construction and Regional Supplements (Greenbook)
State Standa rd Specifications
State Standard Plans
California Building, Mechanical, Plumbing and Electrical Codes Permits issued by jurisdictional regulatory agencies
Electric, gas, and communications companies specifications and standards Sweetwater Authority specifications and standards
Specifications, standards and requirements of MTS, BNSF, SANDAG, Port of San Diego and all other agencies that may be adjacent and/or affected by the project.

EXHIBIT B

CONTRACT PRICE
(NOTE - TO BE COMPLETED TO CONFORM W\TH BtD SCHEDULE TTEMS)

EXHIBIT B

CONTRACT PRICE
Bid Results for Las Palmas Swimming Pool Renovation Project (ClP No. 22-01) Item
No. Description Unit Qtv California Commercial Pool lnc.

T Mobilization LS 1 40,000 40,000
2 Competition Pool Widening LS 1 420,000 420,000
3 Competition Pool Remove and Replace Plaster SF 10,954 38.3s 420,086 4 Competition Pool lnlet / Fixture Replacement LS L 64,000 64,000 5 Activity Pool lnlet Repl-acement LS t 7,500 7,s00
6 Pool Deck Removal SF 26,992 5.6 151,155
7 Pool Deck Replacement SF 24,L42 20 482,840
8 Remove Diving Boards LS T 20,000 20,000
9 New Racing Platform Anchors EA 15 2,500 40,000
10 New Stancion Sockets EA 30 83.33 2,500
11 New Anchor Sockets for Grab Rails EA L2 250 3,000
12 New Disabled Lift Anchors EA 2 750 1,500
L3 New Lane Line Anchors EA T7 L,882 32,000
T4 VGBA / 481020 Main Drain Replacement EA 3 3,333 10,000 L5 Expansion Joint Sealant Repair LS I 5,000 s,000
16 New ADA Handrail EA 1 6,000 6,000
77 New lnterior 5' Fence and Gates LF 92 543.48 s0,000
18 Existing Pool Floor Alterations SF 2,250 11.11 24,998 19 New Main Drains EA 3 LL,667 3s,000
20 New Floor lnlet System and Piping Connections Ls L 184000 184000 21 New Pool Wall and Gutter LF 159 2,360 398,840
22 New Pool Tile SF 1,500 233.33 349,99s
23 New Compliant Perimeter Fencing, Gates,
Hardware
LF 600 575 345,000
24 Mechanical Room System Component
Renlacement
LS 1 33,936 33,936
25 Remove Existing Bldg. Side Fence & Reslope Deck LS L 75,500 75,500 26 Rebar/Gunite Repair LF 150 26.67 4,00L
Total S3,206,8s0
1

CORPORATE CERTIFICATE
t, David E. Jackson certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Ryan Jackson who signed said contract on behalf of the
Contractor, was then Vice President of said
Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. t, David E. Jackson certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that David E. Jackson who signed said contract on behalf of the Contractor, was then Vice President of said
Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. ttlllarr,
{o
1980
*
,rtt!lCorporate Seal

*N/A

PARTN ERSHI P CERTI FICATE

STATE OF
)ss

COUNTY OF
On this day of 20 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared:
(Notary Seal)
known to me to be of the partners of the
partnership that executed the within instrument, and acknowledged to me that such partnership executed the same.

Signature:

Name (Type or Print)
(Notary Public in and for said County and State)
My Commission expires:

ORIGINAL THE PREMIUM IS PREDICATEI) ON

THE FINAL CONTRAOT PRICE AND
BOND NO. EACX4O22841 ISSUBJECTTt)ADJU$TMENI
PREMIUM: $21,973.00

ISSUED IN ONE ORIGINAL COUNTERPART
THIS BOND SHALL TAKE EFFECTIVE AUGUST 16,2022 UPON APPROVAL TO PROCEED WITH AWARD OF CONSTRUCTION BY THE CITY OF NATIONAL CIry AND AFTER AN AUTHORIZED OFFICIAL SIGNS THE AGREEMENT FORM.

PERFORMANCE BOND
WHEREAS, the City Council of the City of National City, by Resolution No. 2021- _, on the 16th dav of August, 2022, has awarded California Commercial Pool lnc., hereinafter designated as the "Principal", the LAS PALMAS swtMMtNG PooL RENOVATION PROJECT, CIP NO.22-01
WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract.

NOW, THEREFORE, we, the Principal and
Endurance Assurance Corporation as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Three Million, Two Hundred Six Thousand, Eieht Hundred Fiftv ($3,206,850.00) dollars lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION lS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and welland truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, its officers, agents, employees, and volunteers as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in fullforce and virtue.

And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed herein or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such

change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications.
ln the event suit is brought upon this bond by the City and judgment is recovered, the surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court.
lN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on 11.," 29th day og July 2022 Endu u Corporatio California Commercial Pools, lnc. EAL) By: (sEAL) By:

Principal
L)
EAL)
flrtrttttl
Kenneth A. Coate, Attorney-ln-Fact (SEAL)
Surety
),,,
MC'O
+

PERFORMANCE BOND
ATTORN EY.IN-FACT ACKNOWTEDGEMENT OF SURETY

STATE OF
)ss

COUNW OF
On thi day of 20-, before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person
whose name is subscribed to the within instrument as the attorney-in-fact of the the corporation named as Surety
in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney-in-fact.

Signatu re
Name (Type or Print)
Notary Public in and for said County and State
My Commission expires:

NOTE: Signature of those executing for
Surety must be properly
acknowledged.

NOTE: The Attorney-in-fact must attach a
certified copy of the Power of
Attorney.

INSURANCE

SOMPO INTERNATIONAL

POWER OF ATTORNEY
4252
KNOW ALL BY THESE PRESENTS, that Endurance Assurance Corporation, a Delaware corporation, Endurance American lnsurance Company, a Delaware corporation, and/or Bond Safeguard lnsurance Gompany, a South Dakota corporation, each, a "Company" and collectively, "Sompo lnternational," do hereby mnstitute and appoint: Julia B. Bales, Kenneth A. Coate, Renae N. Balderas as true and lawful Attorney(s)-ln-Fact to make, execute, seal, and deliver for, and on its behalf as surety or co-surety; bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking so made, executed and delivered shall obligate the Company for any portion of the penal sum thereof in excess of the sum of ONE HUNDRED MILLION Dollars ($100,000,000.00).

Such bonds and undertakings for said purposes, when duly executed by said attorney(s)-in-fact, shall be binding upon the Company as fully and to the same extent as if signed by the President ofthe Company under its corporate seal attested by its Corporate Secretary.

This appointment is made under and by authority of certain resolutions adopted by the sole shareholder of each Company by unanimous written consent effective the 1Sth day of June, 201 9, a copy of which appears below under the heading entitled "Certificate".

This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the sole shareholder of each Company by unanimous written consent effective the 1 5rh day of June, 201 9 and said resolution has not since been revoked, amended or repealed:

RESOLVED, that the signature of an individual named above and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Company in the fuiure with respect to any bond or undertaking to which it is attached.
lN WTNESS WHEREOF, each Company has caused ihis instrument to be signed by the following officers, and its corporate seal to be affixed this 15th day of June, 201 9.
*,,ffiC"m""$Rchard^:$'i*Itl"{'fr;
f sj sEAr '.3it"€-1 2oo2 i$f
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Endurance American Bond Safeguard
Ap nsel

ACKNOWLEDGEMENT
On this 15th day of June, 2019, before me, personally came the above signatories known to me, who being duly sworn, did and say that of each of the Companies; and that he executed said instrument on behalf of each Company by authority of his of each By:

Amy My

CERTIFICATE
l, the undersigned Officer of each Company, DO HEREBY CERTIFY that:
1 . That the original power of attorney of which the foregoing is a copy was duly executed on behalf of each Company and has not since been revoked amended or modified; that the undersigned has compared the foregoing copy thereof with the original power of attorney, and that the same is a true and correct copy of the original power of attorney and of the whole thereot

2. The following are resolutions which were adopted by the sole shareholder of each Company by unanimous written consent effective June 15, 2019 and said resolutions have not since been revoked, amended or modified:
'RESOLVED, that each of the individuals named below is authorized to make, execute, seal and deliver for and on behalf of the Company any and all bonds, undertakings or obligations in surety or co-surety with others: RICHARD M. APPEL, BRIAN J. BEGGS, CHRISTOPHER DONELAN, SHARON L. SIMS, CHRISTOPHER L. SPARRO, MARIANNE L, WLBERT
; and be it further
RESOLVED, that each of the individuals named above is authorized to appoint attorneys-in-fact for the purpose of making, executing, sealing and delivering bonds, undertakings or obligations in surety or co-surety for and on behalf of the Company."

3. The undersigned further certifies that the above resolutions are true and correct copies of the resolutions as of the whole thereof lN WTNESS WHEREOF, I have hereunto set my hand and affixed the mrporate seal this _ By:

S.

NOTIGE: U. S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS GONTROL {OFAG) possible impact on your surety coverage due to directives issued by OFAC. Please read this Notice carefully. on the United States Treasury's website - .
subject to OFAC. When a surety bond or other form of surety coverage is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitaiions on the premiums and payments may also apply.

Any reproductions are void.

Surety Claims Submission: [email protected] Telephone:6'15-553-9500 Mailing Address: Sompo lnternational;12890 Lebanon Road; MountJuliet,TN37122-2870 SEAI.I 1996
A
SOUTH
OAKOTA

INSURANCE

COMPANY

CATIFORNIA ACKNOWTEDGMENT crvrl coDE 5 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
county of Riwerside
o" JUt292022
Dote Here lnsert Name ond Title of the Offlcer
Kenneth A. Coatepersonally appeared
Nome(s) of Signe(s)
who proved to me on the basis of satisfactory evidence to be the personfis[whose name(s[is/aresubscribed to the within instrument and acknowledged to me that he/sheltheyrexecuted the same in hisherAhek- authorized capacity(ies), and that by his/her/thei+-signature(s) on the instrument the person(s)6 or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct,
WITNESS my hand and official seal.

NOTARY PUBI.IC . CALIfORNIA
Comm.

COUNTY
Sept. 10,2022
Signature
Ploce Notory Seql ond/or Stomp Above Signature of Notory Publlc

OPTIONAL
Completing this lnformatlon con deter olteration of the document or froudulent reottochment of this form to an unintended document.

Descrlptlon of Attached Document
Title or Type of Document:

DocumentDate: NumberofPages:-
Signer(s)Other Than Named Above:

Gapaclty(les) Clalmed by Slgner(s)
Signer's Name: Signer's Name:
tr Corporate Officer - Title(s): tr Corporate Officer - Tltle(s):
before me, Karina ,f. Cotton, Notary Public
EI Partner- tr Limlted tr General
u lndividual tr Attorney in Fact
E Trustee u Guardian or Conservator
u Other:

Signer is Representlng
tr Partner - Et Limited tr General
tr lndividual tr Attorney in Fact
tr Trustee n Guardian or Conservator
o Other:
02019 National Notary Association
Signer is Representing:

State of California
County
On Auoust 1.2022
Date
personally appeared
Title or Type
Signer's
Signer ls Representing:
@2014 National Notary Association . www.NationalNotary,org . 1-800-US NOTARY (1-800-876-6827) ltem #5907 CATIFORI{I,A ALL.PURPOSE ACKI{OWLEDGTEI{T ctvrL coDE s 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. o; Los Angeles
before me, H. Palumbo . Notarv Public
Here lnsert Name and Title of the Officer
David E. Jackson
Name(s) of Signe(s)
who proved to me on the basis of satisfactory evidence to be the person$) whose name$) @afesubscribed to the within instrument and acknowledged to me that @slre/they executed the safre in @her/tlrcir authorized capacity(leq), and that by@he/tfuXr signature(s) on the instrument the persong), or the entity upon behalf of which the person(q) acted, executed the instrument.

I certify under PENALry OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and otficialseal
H. PALUMBO
Signature
of Notary Public
. OPTIONAL
Place Notary Seal Above
Though this section is optional, completing this information can deter atteration of the document or fraudulent reaftachment of this form to an unintended document.

Description of Attached Document
of DOCumenl; Performance Bond - Las Palmas Document Date: 7t29t22 Number of Pages: Signer(s) Other Than Named Above:

Capacity(ies) Glaimed by Signer(s)
Name: David E. Jackson Signer's Name:

E Corporate Officer - Title(s): \/ino Proeident E Corporate Officer - Title(s):
nPartner - trLimited EGeneral
n lndividual I Attorney in Fact
n Trustee n Guardian or Conservator
tr Other:
! Partner - tl Limited tr General
fl lndividual n Atorney in Fact
n Trustee E Guardian or Conservator
tr Other:

Signer ls Representing:

ISSUED IN ONE ORIGINAL COUNTERPART

IHE PREMIUM IS PREOICATED ON
IHE TINAL CONTRAO1 PBICE AND
BOND NO. EACX4o22841
lsSUBJECTT0AD,IIJ$TMENT.

PREMIUM: INCLUDED IN THE PREMIUIV CHARGED' FOR THE PERFORIiIANCE BOND

ORTGTNAL
THIS BOND SHALL TAKE EFFECT AUGUST 16,2022 UPON APPROVAL TO PROCEED WITH AWARD OF CONSTRUCTION BY THE CITY OF NATIONAL CIry AND AFTER AN AUTHORIZED OFFICIAL SIGNS THE AGREEMENT FORM.

PAYMENT BOND
WHEREAS, the City Council of the City of National City, by Resolution No. 2021- _, on the 16th dav of August, 2022 has awarded California Commercial Pool lnc., hereinafter designated as the "Principal", the LAS PALMAS SWIMMING POOL RENOVATION PROJECT, CIP NO.22-01
WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contracU NOW, THEREFORE, we, the Principal and Endurance Assurance Corporation as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Three Million, Two Hundred Six Thousand, Eight Hundred Fiftv ($3,206,850.00) dollars lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION lS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 31-8L of the California Civil Code, or amounts due under the Unemployment lnsurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court.

This Bond shall inure to the benefit of any of the persons named in Section 3L81of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefore, not by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3L!2 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned.
lN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 29th day of July 2022
Enduran
Kenneth A. Coate, Attorney-ln-Fact
California Commercial Pools, lnc. SEAL)
By:
sEAL)
?fcs\don*
Principal
EAL)
(sEAL)
(sEAL)
Surety

ATTORN EY-I N.FACT ACKNOWLEDG EMENT OF SURETY

STATE OF
)ss

COUNTY OF
On this day _ of 2O_, before me, the undersigned, a
Notary Public in and for said County and State, personally appeared known to me to be the person
whose name is subscribed to the within instrument as the attorney-in-fact of the in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney-in-fact.

Signature:

Name (Type or Print):
(Notary Public in and for said County and State)
My Commission expires

ATTACH ALL BONDS
NOTE: Signature of those executing for
Surety must be properly
acknowledged.

NOTE: The Attorney-in-fact must attach a
certified copy of the Power of
Attorney.

INSURANCEo

SOMPO INTERNATIONAL

POWER OF ATTORNEY
4252
KNOW ALL BY THESE PRESENTS, that Endurance Assurance Gorporation, a Delaware corporation, Endurance American lnsurance Company, a Delaware corporation, ancyor Bond Safeguard lnsurance Company, a South Dakota corporation, each, a "Company" and collectively, "Sompo lnternational," do hereby mnstitute and appoint: Julia B. Bales, Kenneth A. Coate, Renae N. Balderas as true and lavrrful Attorney(s)-ln-Fact to make, execute, seal, and deliver for, and on its behalf as surety or co-surety; bonds and underiakings given for any and all purposeq also to execute and deilver on its behalf as aforesaid renewals, extensions, agreements, waivers, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking so made, executed and delivered shall obligate the Company for any portion of the penal sum thereof in excess of the sum of ONE HUNDRED MILLION Dollars ($100,000,000.00).

Such bonds and undertakings for said purposes, when duly executed by said attorney(s)-in-fact, shall be binding upon the Company as fully and to the same extent as if signed by the President of the Company under its corporate seal attested by its Corporate Secretary.

This appointment is made under and by authority of certain resolutions adopted by the sole shareholder of each Company by unanimous written consent effective the 15th day of June, 201 9, a copy of which appears below under the heading entltled "Certificate".

This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the sole shareholder of each Company by unanimous written consent effective the 15rh day of June, 2019 and said resolution has not since been revoked, amended or repealed:

RESOLVED, that the signature of an individual named above and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.
lN WTNESS WHEREOF, each Company has caused this instrument to be signed by the following officers, and its corporate seal to be affixed this 15rh day of June,2019.

E Assurance Bond Safeguard
By: rn
On this 15th day of June, 2019, before me, personally came the above signatories known to me, who being duly sworn, did and say thai of each of the Companies; and that he executed said instrument on behalf of each Company by authority of his of each By:

Amy blic My

CERTIFICATE
l, the undersigned Officer of each Company, DO HEREBY CERTIFY that:
1 . That the original power of attorney ofwhich the foregolng is a copy was duly executed on behalf of each Company and has not since been revoked amended or modified; that the undersigned has compared the foregoing copy thereof with the original power of attorney, and that the same is a true and correct copy of the original power of attorney and of the whole thereofi

2. The following are resoluiions which were adopted by the sole shareholder of each Company by unanimous written consent effective June 15, 2019 and said resolutions have not since been revoked, amended or modified:
"RESOLVED, that each of the individuals named below is authorized to make, execute, seal and deliver for and on behalf of the Company any and all bonds, undertakings or obligations in surety or co-surety with others: RICHARD M. APPEL, BRIAN J. BEGGS, CHRISTOPHER DONELAN, SHARON L. SIMS, CHRISTOPHER L. SPARRO, MARIANNE L. WLBERT
; and be it further
RESOLVED, that each of the individuals named above is authorized to appoint attorneys-in-fact for the purpose of making, executing, sealing and delivering bonds, undertakings or obligations in surety or co-surety for and on behalf of the Company."

3. The undersigned further certifies that the above resolutions are true and correct copies of the resolutions the whole thereof. lN WTNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this _ day By:

NOTICE: U. S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS GONTROL (OFAC) possible impact on your surety coverage due to directives issued by OFAC. Please read this Notice carefully. on the United States Treasury's website - httos://www.treasurv.oov/resource-center/sanctions/SDN-List. subject to OFAC. Vvhen a surety bond or other form of surety coverage is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments may also apply.

Any reproductions are void.

Surety Claims Submission: @
Telephone: 615-553-9500 Mailing Address: Sompo lnternational; 12890 Lebanon Road; Mount Juliet,TN 37122-2870 A
SOUTH
OAKOTA

INSURANCE

COMPANY

CALIFORNIA ACKNOWTEDGMENT ctvtL coDE g 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracg or validity of that document.

State of California
County of Riverside
On JUL z I ?022
Dote Here lnsert Name and Title of the Officer
Kenneth A. Coatepersonally appeared
Name(s) of Signer(s)
who proved to me on the basis of satlsfactory evidence to be the person(slwhose name(sllslaresubscribed to the within instrument and acknowledged to me that he/sheAheyrexecuted the same in his/herAheir- authorized capacity(ies), and that by his/her/{hek'signature(s) on the instrument the person(s} or the entity upon behalf of which the person(s) acted, executed the instrument.

I certiflT under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
peragraph is true and correct.

WITNESS my hand and officialseal.

Signature
Ploce Notory Seql qnd/or Stomp Above of Notary Publlc

OPTIONAL
Completing this lnformatlon con deter alteration of the document or froudulent reottachment of this form to on unintended document.

Descrlptlon of Attached Document
Tltle or Type of Document:
before me, Karina ,f . Cotton, Notary Public
DocumentDate: NumberofPages:

Signe(s) Other Than Named Above:

Capaclty(les) Clalmed by Slgner(s)
Signer's Name:

El Corporate Officer - Title(s):

El Partner - n Limited El General
tr lndividual tr Attorney in Fact
El Trustee tr Guardian or Conservator
tr Other:

Signer is Representlng:

Signer's Name:
n Corporate Offlcer - Title(s):
n Partner - o Limlted El General
tr lndividual tr Attorney in Fact
tr Trustee n Guardian or Conservator
El Other:

I{OTARY PUBI-IC - CAIIFORITIA

RII/ERSIDT
My Comm. Expires
COUNIY
Sept. 10,2022
J
L
O2O19 National Notary Association
Signer is Representing:

CALIFORI{IA ATL.PURPOSE ACKI{OWLEDGTEIIT clvlL coDE s 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Los Angeles
On Auoust 1.2022 before me, H. Palumbo Nolarv Public
Date
personally appeared
Here lnsert Name and Title of the Officer
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(q) whose name($ @a<esubscribed to the within instrument and acknowledged to me that @she/they executed the same in @her/tlrcir authorized capacity(leq), and that by@fle/th€ir signature(s) on the instrument the persong), or the entity upon behalf of which the person(q) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and officialseal.

H. PALUMEO
Signature
of Notary Public
. OPTIONAL
Place Notary Seal Above
Though thrb section is optional, completing this information can deter alteration of the document or fraudulent reaftachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Pavment Bond - Las Palmas Document Date: 7t29t22 Number of Pages: Signer(s) Other Than Named Above:

Signer's Name:

E Corporate Officer - Title(s): \/icc Prcsidenl flCorporate Officer - Title(s):

David E. Jackson
n Paftner - ! Limited n General
n lndividual ! Attorney in Fact
n Trustee ! Guardian or Conservator
n Other:
n Partner - n Limited n General
fJ lndividual I Attorney in Fact
n Trustee I Guardian or Conservator
E Other:

Signer ls Representing: Signer ls Representing
@2AM National Notary Association . www.NationalNotary.org . 1-800-US NOTARY (1-800-876-6827) ltem #5907

RESOLUTION NO. 2022 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1) REJECTING ALL BIDS RECEIVED ON MAY 12, 2022, FOR THE LAS PALMAS SWIMMING POOL RENOVATION PROJECT, CIP NO. 22 -01; 2) ACCEPTING THE BIDS RECEIVED ON JULY 20, 2022; 3) AUTHORIZING THE APPROPRIATION OF ADDITIONAL FUNDS IN AMOUNT OF $ 660,907 FROM THE REMAINING BALANCE OF AMERICAN RESCUE PLAN ACT (ARPA) FUND; 4) AWARDING A CONTRACT TO CALIFORNIA COMMERCIAL POOL, INC., IN THE NOT-TO-EXCEED AMOUNT OF $3,206,850 FOR THE LAS PALMAS SWIMMING POOL RENOVATION PROJECT, CIP NO. 22 -01; 5) AUTHORIZING A 10% CONTINGENCY IN THE AMOUNT OF $320,685 FOR ANY UNFORESEEN CHANGES; AND 6) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT

WHEREAS, the Las Palmas Pool Swimming Pool Renovation Project will re-plast, re-deck and expand the width of the pool by 10 feet; and WHEREAS, the expansion of the pool is based on the City Council’s desire to increase the pool’s capacity for both programming opportunities and swimming time for City residents; and

WHEREAS, as plans and specifications were developed for the Las Palmas Pool Emergency Project, staff and the City’s consultant suggested that the expansion of th e width of the pool by 10 feet would have positive benefits for the community including 1) expanded pool size will increase lap and recreational swimming by 100% for both programmed and free swimming 2) the pool size would be brought up to the standard for competition at the high school and collegiate level; and WHEREAS, widening the pool an additional 10 feet along its length will allow for greater flexibility for programming and free swim. As programmed and free swim could then take place at the same time, it would increase pool use significantly; and WHEREAS, on April 21, 2022, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors; and
WHEREAS, on April 28, 2022 and May 2, 2022, the bid solicitation was advertised in local newspapers; and
WHEREAS, on May 12, 2022, four (4) bids were received by the 5:00 p.m. deadline; and
WHEREAS, upon a review of all documents submitted, staff had to reject the first and second apparent lowest bidders since they did not meet the minimum project qualifications necessary to perform the work; and

WHEREAS, staff also had to reject the third and fourth apparent lowest bidders since the total cost o f construction was higher than the budget allocated by the City for this project; and
WHEREAS, as a result of this outcome, on June 23, 2022, staff re-advertised the project on PlanetBids with a revised scope of work in order to receive the bids within the budget allocations; and
WHEREAS, on June 28, 2022 and July 5, 2022, the bid solicitation was advertised in local newspapers; and
WHEREAS, on July 20, 2022, two (2) bids were received by the 2:00 p.m. deadline.

California Commercial Pools, Inc., was the apparent lowest bidder with a total bid amount of $3,206,850; and
WHEREAS, upon a review of all documents submitted, California Commercial Pools, Inc’s, bid was deemed responsive and the lowest responsible bidder qualified to perform the work as described in the project specifications; and WHEREAS, the initial budget allocated for the Las Palmas Swimming Pool Renovation project was $3,250,000 including the construction, contingency and soft costs; and
WHEREAS, however, the lowest bid received was higher than estimated for every bid item; and
WHEREAS, this is due to current national and regional challenges caused by material cost increase, shortage of labor force, fuel price increase and inflation; and WHEREAS, for this reason, staff is requesting additional $598,220 for a total cost of $3,848,220 in order to cover the additional project cost; and WHEREAS, City staff recommends 1) rejecting all bids received on May 12, 2022, for the Las Palmas Swimming Pool Renovation Project, CIP No. 22 -01; 2) accepting the bids received on July 20, 2022; 3) awarding a contract to California Commercial Pool, Inc., in the not -to-exceed amount of $3,206,850 for the Las Palmas Swimming Pool Renovation Project, CIP No. 22 -01; 4) authorizing a 10% contingency in the amount of $320,685 for any unforeseen changes; and 5) authorizing the Mayor to execute the contract; and
WHEREAS, City staff also recommends authorizing the appropriation of additional funds in amount of $ 660,907 from the remaining balance of American Rescue Plan Act (ARPA) fund to Las Palmas Swimming Pool Renovation Project, CIP No. 22-01.

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

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

Section 1: That the City Council hereby authorizes the Mayor to execute the contract with California Commercial Pool, Inc. for $3,206,850 for the Las Palmas Swimming Pool Renovation Project, CIP No. 22-01.

Section 2: Authorizes a 10% contingency in the amount of $320,685 for any unforeseen changes.

Section 3: Authorizes the appropriation of additional funds in amount of $660,907 from the remaining balance of American Rescue Plan Act (ARPA) fund.

Section 4: Authorizes rejecting all bids received on May 12, 2022 and accepting the bids received on July 20, 2022.

Section 5: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED and ADOPTED this 16th day of August, 2022.

Alejandra Sotelo-Solis, Mayor

ATTEST:

Luz Molina, City Clerk

APPROVED AS TO FORM:

Barry J. Schultz, Interim City Attorney

AGENDA REPORT

Department: Community Development
Prepared by: David Welch, Associate Planner, Planning Division Meeting Date: Tuesday, August 16, 2022
Approved by: Brad Raulston, City Manager

SUBJECT:

Notice of Decision – Planning Commission approval of a Conditio nal Use Permit for on -site distilled spirits sales and live entertainment located at 2325 Highland Ave. (Case File No.: 2022- 08 CUP)

RECOMMENDATION:

Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. (Community Development - Planning)

BOARD/COMMISSION PRIOR ACTION:

The Planning Commission recommended approva l of the Conditional Use Permit with a unanimous vote of those members present. Commissioner Miller absent.

EXPLANATION:

The applicant is proposing to change from an ABC Type 42 license (on-sale beer and wine public premise) to a ABC Type 48 license (on sale general), in addition to offering live entertainment in the existing 1,400 square-foot bar. Proposed hours of operation are 6:00 a.m. to 2:00 a.m.

The Planning Commission conducted a public hearing on August 1, 2022, and voted unanimously to recommend approval of the request based on the attached findings and recommended Conditions of Approval.

The attached Planning Commission staff report describes the proposal in detail.

FINANCIAL STATEMENT:

Not applicable

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Not Applicable

ENVIRONMENTAL REVIEW:

This is a project under CEQA subject to a Categorical Exemption. Existing Facilities CCR 15301.

This project qualifies for a Notice of Exemption. CCR 15374.

PUBLIC NOTIFICATION:

Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.

EXHIBITS:

1. Overhead

2. 2022-08 CUP Staff Report

3. PC Resolution 2022-19

4. Exhibit A to PC Report – Site Plan

5. PowerPoint slides from PC meeting

ATTACHMENT 1

2022-08 CUP – 2325 Highland Ave. – Overhead

N

Item no. 5
A
ugust 1, 2022

COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION
1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950

PLANNING COMMISSION STAFF REPORT
T
itle: PUBLIC HEARING – CONDITIONAL USE PERM IT FOR

ON-SITE DISTILLED SPIRI TS S ALES AND LIVE

ENTERTAINMENT AT A N EXISTING BEER AND WINE-

LICENSED BAR (MACHETE BEER HOUSE) LOCATED AT
2325 HIGHLAND AVENUE.

Ca
se File No.: 2022-08 CUP
Loc
ation: East side of Highland Ave between E. 23rd St. and E. 24th St.

A
ssessor’s Parcel Nos.: 561-312-02
S
taff report by: David Welch – Associate Planner
A
pplicant: Eduardo Trejo
Z
oning designation: MXC-2 (Major Mixed-Use Corridor)
A
djacent use and zoning:

N
orth: El Cubilete Tires / MXC-2
E
ast: Single-family residences across the alley / RS-3 (Medium-Low Density Residential)
S
outh: Birria Kings Street Tacos and Keg N Bottle / MXC-2 W
est: ARCO gas station and vacant restaurant across Highland Ave. / MXC-2
E
nvironmental review: The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and has been determined to be categorically exempt from
environmental review pursuant to Class 1, Section 15301 (Existing Facilities) for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit.

S
taff recommendation: Approve
ATTACHMENT 2

Planning Commission
Meeting of August 1, 2022

Staff Recommendation
Staff recommends approval of the request for on-site distilled spirits sales and live entertainment, subject to the attached recommended conditions. The sale of distilled spirits and live entertainment are conditionally-allowed uses in the Major Mixed-Use Corridor (MXC-2) zone.

Executive Summary
The property has been a bar serving beer and wine for several years and is requesting to upgrade their current ABC Type 42 license (on- sale beer and wine- public premises) to a Type 48 (on-sale general-public premises). The applicant also proposes to add live entertainment in the form of jazz, mariachi, and DJs. Proposed hours of operation are from 6:00 a.m. to 2:00 a.m. daily. The business operates a walk-up coffee window until 2:00 p.m. every day.

Site Characteristics
The subject property is approximately 0.19 acres in size and is developed with an approximately 2,800 square- foot building. The subject suite is 1,400 square feet in size and occupies approximately half of the building, with the remaining space occupied by El Cubilete Tires. Four parking spaces are available on site.

The area is mostly commercial in nature, with single- family residences located to the east across an alley . The property i s in census tract 116.01, which includes the area from East 18th Street north to East 24th Street, and between National City Boulevard and ‘L’ Avenue. The attached census tract map shows the location of the subject tract (Attachment 6).

Proposed Use
The applicant is proposing to sell distilled spirit s in conjunction with existing beer and wine sales in the existing 1,400 square- foot bar (ABC Type 48). The business will continue to operate a coffee window as an accessory use until 2 :00 p.m. in the afternoon daily. Hours of operation for the business are currently 6:00 a.m. to 2:00 a.m. daily.

The applicant also proposes to offer live entertainment in the form of jazz, mariachi, and DJs. Live entertainment will only be indoors. The occupancy of the bar is 49 people, which would place a limitation on the number of patrons at all times, including during live performances.

Planning Commission
Meeting of August 1, 2022

Seating is currently provided on the exterior of the bar to serve patrons of the coffee window. No alcohol sales or consumption are permitted outside. The rear of the property is currently used for screened, outdoor storage.

Analysis
Section 18.30.050 of the Land Use Code allows for on- site alcohol sales and live entertainment with an approved Conditional Use Permit (CUP ). Additional requirements for alcohol CUPs include expanded notification, a community meeting, and distance requirements. In addition, City Council Policy 707 regulates alcohol sales in the City.

Mailing
All property owners and occupants within a distance of 660 feet are required to be notified of a public hearing for al cohol-related CUP applications. Notice of this public hearing was sent to 654 occupants and owners.

Community Meeting
Pursuant to Section 18.30.050(C) of the National City Zoning Code, a community meeting was held Saturday, March 5, 2022 at 10:00 a.m. at the subject bar. The meeting advertisement is attached (Attachment 8); there was one attendee.

Distance Requirements
Chapter 18.030.050(D) of the National City Zoning Code requires a 660- foot distance from a ny public school and a 1,000 -foot distance from any other bar or cocktail lounge. The property is both within 660 feet of Olivewood Elementary School and 1,000 feet of Aja Lounge, a lounge with an existing Type 48 license.

However, the commercial suite housing Machete Beer House has been in use as a bar prior to the distance requirements in the code and, therefore, is not subject to these requirements unless the use is discontinued.

City Council Policy 707
The Council-adopted policy on alcohol -related busi nesses provides standard conditions of approval for off -sale, on-sale with purchase of food, and brewery tasting rooms. The two conditions specific to on- sale businesses only require the sale of food to exceed the sale of alcohol and for alcohol to only be available with the purchase of food. The policy does not anticipate a new CUP for a bar or similar alcohol businesses that does serve food even though they are permitted in the Code. Furthermore, Machete Beer House is an existing bar that precedes

Planning Commission
Meeting of August 1, 2022

the requirements of Policy 707. Staff concludes that this business is not subject to the requirements for the sale of food in conjunction of alcohol.

Hours of Operation
The most recent CUPs for on- site alcohol consumption have had varying hours of operation (see following table). In addition, the Planning Commission recently recommended approval of 2022 -18 CUP with hours until 1:00 a.m. daily for on- site consumption, although the City Council has yet to approve the item. This proposal would be the first CUP in Na tional City for a Type 48 license. Machete Beer House currently has alcohol sales until 2:00 a.m. daily under a Type 42 license. Aja Lounge , with a Type 48 license at 2305 Highland Avenue, also operates until 2:00 a.m. without a CUP.

Business Address CUP type End time
Grill House at Big Ben 108 E 8th St Beer & Wine 10 p.m.

Denny’s 1904 Sweetwater Rd Beer & Wine 11 p.m.

Royal Mandarin 1132 E Plaza Blvd Beer & Wine 10 p.m.

Chipotle 404 Mile of Cars Way Beer 11 p.m.

Hooters (closed) Westfield Plaza Bonita Beer/Wine/Spirits 12 a.m.

Yi Sushi 1430 E Plaza Blvd Beer & Wine 11 p.m.

Conditions of approval for alcohol sales hours reflect what the applicant has requested (6:00 a.m. to 2:00 a.m.). The requested hours would allow the applicant to continue operating under its current hours.

Live entertainment
As mentioned above, the applicant is proposing live entertainment indoors from 6:00 a.m. to 2:00 a.m. daily. There have been three CUPs in recent years that included live entertainment as follows:

Business Address Year Entertainment hours
Tita’s II 3421 Plaza Blvd. 2010 5 p.m. to 12 a.m. W-Sa
Big Ben Market 108 East 8th St. 2015 12 p.m. to 10 p.m. F-Sa 12 p.m. to 9 p.m. Su
Gerry’s Grill Westfield Plaza Bonita 2021 7:30 p.m. to 10 p.m. Th 8:30 p.m. to 11:30 p.m. F-Sa

Planning Commission
Meeting of August 1, 2022

In addition, the Planning Commission recently approved 2022- 18 CUP (Market on 8 th) with indoor live entertainment from 12:00 p.m. to 10:00 p.m. Sunday through Thursday and 12:00 p.m. to 11:30 p.m. Friday and Saturday. The hours are also modified to begin at 3 p.m. when the adjacent school is in session. That CUP application is still pending a public hearing with City Council.

In the City, the times for live entertainment vary and most often have differing times for weekdays as opposed to weekends. Both Tita’s II and Gerry’s Grill have live entertainment indoors, which assuages noise issues (Tita’s has a condition requiring doors be closed during live entertainment times). The Grill House at Big Ben is, for all intents and purposes, an outside venue (there are clear plastic vinyl barriers along ‘A’ Avenue); their live entertainment hours end 9:00 p.m. on Sundays, and at 10:00 p.m. on Fridays and Saturdays.

The proposed hours of 6:00 a.m. to 2:00 a.m. daily far exceed all active live entertainment CUPs and pose potential noise issues, particularly as there are residences across the alley to the east of the business . The business currently does not have any indoor patrons until after 2:00 p.m. as only the coffee window operates during these hours. The business is also constrained by the occupancy load of the space, which permits a maximum of 49 people. This number is inclusive of both staff and performers. Due to these limitations , staff is recommending live entertainment only as an inci dental use to the primary use, which is a bar, for the purpose of the enjoyment of the patrons.

Staff suggests reduci ng the proposed hours to be more consistent with the current operation of the business, remove conflict with the operating hours of Olivewood Elementary S chool, and reduce possible noise concerns during later hours. The afternoon session for the school typically ends at 3:00 p.m. while it is in session. Generally, sta rting after the coffee window concludes operation as well as reducing the h ours later in the evening are suggested, depending on the day. An example could be as follows:

Live entertainment inside:
12:00 p.m. to 10:00 p.m. Sunday
2:00 p.m. to 10:00 p.m. Monday through Thursday*
2:00 p.m. to 11:30 p.m. Friday*
12:00 p.m. to 11:30 p.m. Saturday
*From 4:00 p.m. while Olivewood Elementary is in session

Planning Commission
Meeting of August 1, 2022

Conditions of approval related to live entertainment reflect what the applicant has requested (6:00 a.m. to 2 :00 a.m.), but staff invites discussion on the matter, based on what has previously been approved per the table and discussion above.

Regardless of live entertainment hours, conditions have been included to require compliance with noise limitations contained in Title 12 (Noise) of the Municipal Code. Conditions also include requiring doors and windows t o remain closed during live entertainment activities. Conditions are also proposed to ensure that live entertainment remains incidental to the bar including a restriction on advertised events.

Department and Agency Comments

Alcohol Sales Concentration/Location
Per the California Department of Alcoholic Beverage Control ( ABC), there are currently three on-sale licenses in census tract 1 16.01, including Machete Beer House, and a maximum of seven are recommended, meaning that the c ensus tract is not considered by ABC to be over -saturated with regard to on- sale alcohol outlets. For reference, the outlets are:

Name Address License Type* CUP
Machete Beer House 2325 Highland Ave 42 N
Aja Lounge 2305 Highland Ave 48 N
Salud 2333 Highland Ave 41 Y

* Type 41 - On-Sale Beer and Wine
Type 42 - On-Sale Beer and Wine – Public Premises
Type 48 - On-Sale General – Public Premises

Police Department (PD)
The ABC Risk Assessment provided by PD allocated a total of 18 points, which places it in the Medium Risk category. Medium risk is considered 13-18 points.

The proposed location has a medium crime rate, an over -concentration of off - sale alcohol businesses, and above average calls for service. PD comments are included as Attachment 7.

Planning Commission
Meeting of August 1, 2022

Institute for Public Strategies (IPS)
No comments were received from IPS as of the writing of this report, although they usually recommend at least the need for Responsible Beverage Sales and Service (RBSS) training for all staff. This is a standard condit ion of approval and is included with this report.

Findings for Approval
The Municipal Code contains six required findings for CUPs as follows:

1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and co mplies with all other applicable provisions of the Land Use Code.

Alcohol sales and live entertainment are allowable within the MX C-2 zone pursuant to a CUP and the proposed use meets the required guidelines in the Land Use Code for alcohol sales, as discussed in the staff report.

2. The proposed use is consistent with the General Plan and any applicable specific plan.

Alcohol sales and live entertainment are allowable, subject to a CUP, by the Land Use Code, which is consistent with the General Plan. There is no Specific Plan in the area.

3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity.

No expansion of the building is proposed. The proposal involves an existing commercial space, which was previously analyzed for traffic impacts when it was constructed.

4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of phys ical constraints.

The site is occupied by an existing bar serving beer and wine. The addition of distilled spirits and incidental live entertainment would occur within the existing building, which has four off-street parking spaces.

Planning Commission
Meeting of August 1, 2022

5. Granting the permit w ould not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located.

The sale and consumption of distilled spirits is in addition to the existing beer and wine sales for on- site consumption. Alcohol consumption would continue to be monitored by staff of the bar . In addition, t he proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available.

Furthermore, live entertainment will be limited to appropriate hours and to maximum noise standards to avoid impacts to nearby residential uses.

6. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA).

The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and has been determined to be categorically exempt from environmental review pur suant to Class 1, Section 15301 (Existing Facilities) for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. The reason for the exemption is that no expansion of the building is proposed and use would basicall y be the same as the current use and is similar to other commercial uses in the area, which are permitted by right in the MXC-2 zone.

The following two findings are also included with alcohol CUPs:

7. The proposed use is deemed essential and desirable to t he public convenience or necessity.

Distilled spirits, in addition to beer and wine, will contribute to the viability of the bar, an allowed use in the MXC-2 zone, by allowing a greater variety of drink offerings.

Live entertainment will also create an enhanced experience for patrons of the establishment. The proposed use is in line will the purpose of the zone, which, among other goals, is to create vibrant places at an urban scale.

8. Based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for the on-site sales of alcoholic beverages pursuant to law.

Planning Commission
Meeting of August 1, 2022

Findings for Denial
Due to there being other on-sale sites in the area, there are also findings for denial as follows:

1. The proposed use is not deemed essential to the public necessity, as there is already one other outlet in the same census tract that serves distilled spirits, there is an over-concentration of off -sale alcohol businesses, and above average calls for service and a medium crime rate, which could increase with the addition of distilled spirit sales.

2. Based on the above finding, public convenience and necessity will not be served by a proposed use of the property for the sale of alcoholic beverages for on-site consumption pursuant to law.

Conditions of Approval
Standard Conditions of Approval have been included with this permit as well as conditions specific to on- site alcohol sales per Council Policy 707 such as hours of operation and employee training.

Summary
The proposed use is consistent with the General Plan due to alcohol sales for on- site consumption and live entertainment being conditionally -allowed uses in the MXC-2 zone. The addition of on-site distilled spirits in conjunction with the existing beer and wine sales is not expected to increase the demand for parking, other services on the property, or have any significant effects on the area. The census tract in which the restaurant is located is not considered to be over -concentrated with regard to on-sale alcohol licenses. Options for the Planning Commission are provided below, although the Commission may bifurcate the two requests (distilled spirits and live entertainment) and approve one or the other, as opposed to both as the applicant is requesting.

Options

1. Approve 2022-08 CUP subject to the conditions listed within , based on the attached findings, or findings to be determined by the Planning Commission; or

2. Deny 2022-08 CUP based on the attached finding or findings to be determined by the Planning Commission; or,

3. Continue the item to a specific date in order to obtain additional information.

Planning Commission
Meeting of August 1, 2022

Attachments

1. Recommended Findings

2. Recommended Conditions of Approval

3. Overhead

4. Applicant's Plans (Exhibit A, Case File No. 2022-08 CUP, dated 7/19/2022)

5. Public Hearing Notice (Sent to 654 property owners & occupants)

6. Census Tract & Police Beat Maps

7. PD Risk Assessment

8. Community Meeting Advertisement

9. Resolutions

DAVID WELCH ARMANDO VERGARA Associate Planner Director of Community Development

ATTACHMENT 1

RECOMMENDED FINDINGS FOR APPROVAL
2022-08 CUP – Machete Beer House

1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because alcohol sales and live entertainment are allowable within the MXC-2 zone pursuant to a CUP and the proposed use meets the required guidelines in the Land Use Code for alcohol sales, as discussed in the staff report.

2. The proposed use is consistent with the General Plan and any applicable specific plan, because alcohol sales and live entertainment are allowable, subject to a CUP, by the Land Use Code, which is consistent with the General Plan. There is no Specific Plan in the area.

3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because no expansion of the building is proposed. The proposal involves an existing commercial space, which was previously analyzed for traffic impacts when it was constructed.

4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, because the site is occupied by an existing bar serving beer and wine. The addition of distilled spirits and incidental live entertainment would occur within the existing building, which has four off-street parking spaces.

5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the sale and consumption of distilled spirits is in addition to the existing beer and wine sales for on-site consumption. Alcohol consumption would be continue to be monitored by staff of the bar . In addition, t he proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. Furthermore, live entertainment will be limited to appropriate hours and to maximum noise standards to avoid impacts to nearby residential uses.

6. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and has been determined to be categorically exempt from environmental review pursuant to Class 1, Section 15301 (Existing Facilities) for which a Notice of Exemption will be filed subsequent to approval of

this Conditional Use Permit. The reason for the exemption is that no expansion of the building is proposed and use would basically be the same as the current use and is similar to other commercial uses in the area, which are permitted by right in the MXC-2 zone.

7. The proposed use is deemed essential and desirable to the public convenience or necessity, because Distilled spirits, in addition to beer and wine, will contribute to the viability of the bar, an allowed use in the MXC-2 zone, by allowing a greater variety of drink offerings . Live entertainment will also create an enhanced experience for patrons of the establishment. The proposed use is in line will the purpose of the zone, which, among other goals, is to create vibrant places at an urban scale.

RECOMMENDED FINDINGS FOR DENIAL
2022-08 CUP – Machete Beer House

1. The proposed use is not deemed essential to the public necessity, as there is already one other outlet in the same census tract that serves distilled spirits, there is an over- concentration of off-sale alcohol businesses, and above average calls for service and a medium crime rate, which could increase with the addition of distilled spirit sales.

2. Based on the above finding, public convenience and necessity will not be served by a proposed use of the property for the sale of alcoholic beverages pursuant to law.

ATTACHMENT 2

RECOMMENDED CONDITIONS OF APPROVAL
2022-08 CUP – Machete Beer House
General

1. This Conditional Use Permit authorizes the sale of distilled spirits for on- site consumption and live entertainment at a n existing beer and wine- licensed bar (Machete Beer House) located at 2325 Highland Avenue. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2022-08 CUP, dated 7/19/2022.

2. Before this Conditional Use Permit shall become effective, the applicant and the property owner shall both sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on Real Property is rec orded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Director of Community Development prior to recordation.

3. This permit shall become null and void at such t ime as there is no longer a Type 48 California Department of Alcoholic Beverage Control license associated with the property.

4. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department.

5. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in the Municipal Code.

6. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time.

7. This Conditional Use Permit may be revoked if the operator is found to be in violation of any Conditions of Approval or applicable law.

Planning

8. No change in alcohol sales and consumption practices shall be permitted without receiving a Type 48 license from the California Department of Alcoholic Beverage Control (ABC).

9. The sale of alcoholic beverages for on- site consumption shall only be permitted between the hours of 6:00 a.m. and 2:00 a.m. daily.

10. The sale of alcoholic beverages for off -site consumption is not permitted at this location.

11. Permittee shall pos t signs at all exits and on the front of the building indicating that alcoholic beverages must be consumed inside the bar and may not be taken off - premises.

12. Outdoor tables and seating is permitted for coffee shop patrons in areas that shall not block parking spaces, driveways, and any pathway required by the Americans with Disabilities Act.

13. No public concerts or specific live entertainment events shall be permitted. No advertisement targeted for a specific performer or event may be circulated outside the bar and live entertainment shall be incidental to the bar f or the enjoyment of its patrons.

14. The occupancy of the building , inclusive of patrons, staff, and entertainers, shall not exceed the occupancy load determined by the Building Division. The Building Division shall be made aware of any modifications to the fl oor area of the bar including the addition of permanent staging or seating to determine if the occupancy needs to be updated.

15. Indoor live entertainment shall be permitted between the hours of 6:00 a.m. and 2:00 a.m.

16. All activities shall comply with the limits contained in Table III of Title 12 (Noise) of the National City Municipal Code.

17. All entry and exit doors, including windows, shall remain closed after 9:00 p.m. during inside live entertainment activities.

18. The rear yard of area of the building is permitted to be used for outdoor storage, screened in compliance with the Land Use Co de. No outdoor seating shall be permitted in this area. No patrons shall be granted access to this area.

19. All sellers and servers of alc ohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies.

20. The operator of the business shall maintain an active business license and ensure that the business license is renewed annually.

Police

21. The p ermittee shall comply with all applicable laws, including, but not limited to all regulatory provisions of the Business and Professions Code that pertain to the sale, serving, and consumption of alcoholic beverages.

COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION
1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950

NOTICE OF PUBLIC HEARING

CONDITIONAL USE PERMIT FOR ON-SITE DISTILLED SPIRITS SALES

AND LIVE ENTERTAINMENT AT AN EXISTING BEER AND WINE-LICENSED BAR (MACHETE BEER HOUSE) LOCATED AT 2325 HIGHLAND AVENUE.

CASE FILE NO.: 2022-08 CUP
The National City Planning Commission will hold a public hearing at their regular online meeting after the hour of 6:00 p.m. Monday, August 1, 2022, on the proposed request. The meeting will be LIVE WEBCAST from the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Eduardo Trejo) D
ue to the precautions taken to combat the continued spread of coronavirus (COVID -19), City Council Chambers are closed to the public. Anyone interested in this public hearing may observe it on the City’s website at http://nationalcityca.new.swagit.com/views/33 .

The applicant is proposing to change from a Type 42 license ( on-sale beer and wine public premise) to an ABC Type 48 license (on sale general) and to offer live entertainment in the existing 1,400 square-foot bar. Proposed hours of operation are 6:00 a.m. to 2:00 a.m.

Infor
mation is available for review at the City’s Planning Division, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Division on or before 4:00 p.m., August 1, 2022, by submitting it to [email protected]. Planning staff can be contacted at 619-336-4310 or [email protected].

If y
ou challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.

NAT

IONAL CITY PLANNING DIVISION
ARM

ANDO VERGARA
Director of Community Development
ATTACHMENT 5

Sources: Esri, HERE, DeLorme, TomTom, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, MapmyIndia, © OpenStreetMap contributors, and the GIS User Community
CensusTracts 2010
August 25, 2014
0 0.75 1.50.375 mi
0 1 20.5 km
1:45,467
ATTACHMENT 6

City of National City
Beat 20
Source: Microsoft Mappoint
NCPD CAU, 4/18/07

Notes:

NATIONAL CITY POLICE DEPARTMENT

ALCOHOL BEVERAGE CONTROL

RISK ASSESSMENT
DATE:

BUSINESS NAME:

ADDRESS:

OWNER NAME: DOB:

OWNER ADDRESS:
(add additional owners on page 2)
I. Type of Business
 Restaurant (1 pt)
 Market (2 pts)
 Bar/Night Club (3 pts)
Tasting Room (1pt)
II. Hours of Operation
 Daytime hours (1 pt)
 Close by 11pm (2 pts)
 Close after 11pm (3 pts)
III. Entertainment
 Music (1 pt)
 Live Music (2 pts)
 Dancing/Live Music (3 pts)
No E
ntertainment (0 pts)
IV. Crime Rate
 Low (1 pt)
 Medium (2 pts)
 High (3 pts)
V. Alcohol Businesses per Census Tract
 Below (1 pt)
 Average (2 pts)
 Above (3 pts)
Revised: 8/16 1 of 2
ATTACHMENT 7

National City Police Department ABC Risk Assessment

VI. Calls for Service at Location (for previous 6 months)  Below (1 pt)
 Average (2 pts)
 Above (3 pts)

VII. Proximity Assessment (1/4 mile radius of location)  Mostly commercial businesses (1 pt)
 Some businesses, some residential (2 pts)
 Mostly residential (3 pts)

VIII. Owner(s) records check
 No criminal incidents (0 pts)
 Minor criminal incidents (2 pts)
 Multiple/Major criminal incidents (3 pts)

OWNER NAME: DOB:

OWNER ADDRESS:

OWNER NAME: DOB:

OWNER ADDRESS:

Recommendation:

Completed by: Badge ID:

Revised: 8/16
2 of 2
Low Risk ( 12pts or less)
Medium Risk (13 – 18pts)
High Risk (19 – 24pts)

Total Points

Machete Beer House
2325 Highland Ave.

National City, CA 91950
15th February 2022
Dear Resident/Property owner,
We will be holding a community meeting that will address the Conditional Use Permit being applied for with the City of National City.

The Conditional Use Permit is to make an upgrade to the existing premises and alcohol sales license currently at Machete Beer House.

For any questions or concerns, please feel free to attend the meeting.

The meeting will be held at:

Machete Beer House - 2325 Highland Ave, National City
10am Saturday, March 5th, 2022
Sincerely,
Machete Beer House
ATTACHMENT 8

ATTACHMENT 3
RESOLUTION NO. 2022-19

A RESOLUTION OF THE PLANNING COMMISSION

OF THE CITY OF NATIONAL CITY, CALIFORNIA

APPROVING A CONDITIONAL USE PERMIT

FOR ON-SITE DISTILLED SPIRITS SALES AND LIVE ENTERTAINMENT

AT AN EXISTING BEER AND WINE-LICENSED BAR (MACHETE BEER HOUSE) LOCATED AT 2325 HIGHLAND AVENUE.

CASE FILE NO. 2022-08 CUP
APN: 561-312-02

WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for on -site distilled spirits sales and live entertainment at an existing beer and wine -licensed bar (Machete Beer House ) located at 2325 Highland Avenue at a duly advertised public hearing held on August 1, 2022, at which time oral and documentary evidence was presented; and,

WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2022-08 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and,

WHEREAS, this action is taken pursuant to all applicable procedu res required by State law and City law.

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on August 1, 2022, support the following findings:

1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because alcohol sales and live entertainment are allowable within the MXC -2 zone pursuant to a CUP and the proposed use meets the required guidelines in the Land Use Code for alcohol sales, as discussed in the staff report.

2. The proposed use is consistent with the General Plan and any applicable specific plan, because alcohol sales and live entertainment are allowable, subject to a CUP, by the Land Use Code, which is consistent with the General Plan. There is no Specific Plan in the area.

3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because no expansion of the building is proposed. The proposal involves an existing commercial space, which was previously analyzed for traffic impacts when i t was constructed.

4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, because the site is occupied by an existing bar serving beer and wine. The addition of distilled spirits and incidental live entertainment would occur within the existing building, which has four off-street parking spaces.

5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the sale and consumption of distilled spirits is in addition to the existing beer and wine sales for on -site consumption. Alcohol consumption would be continue to be monitored by staff of the bar. In addition, the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. Furthermore, live entertainment will be limited to appropriate hours and to maximum noise standards to avoid impacts to nearby residential uses.

6. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and ha s been determined to be categorically exempt from environmental review pursuant to Class 1, Section 15301 (Existing Facilities) for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. The reason for the exemption is that no expansion of the building is proposed and use would basically be the same as the current use and is similar to other commercial uses in the area, which are permitted by right in the MXC-2 zone.

7. The proposed use is deemed essential and desirable to the public convenience or necessity, because Distilled spirits, in addition to beer and wine, will contribute to the viability of the bar, an allowed use in the MXC -2 zone, by allowing a greater variety of drink offerings. Live entertainment will al so create an enhanced experience for patrons of the establishment. The proposed use is in line will the purpose of the zone, which, among other goals, is to create vibrant places at an urban scale.

BE IT FURTHER RESOLVED that the application for a Conditional Use Permit is approved subject to the following conditions:

General

1. This Conditional Use Permit authorizes the sale of distilled spirits for on -site consumption and live entertainment at an existing beer and wine-licensed bar (Machete Beer House) located at 2325 Highland Avenue. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2022 -08 CUP, dated 7/19/2022.

2. Before this Conditional Use Permit shall become effective, the applicant and the property owner shall both sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit.

The applicant shall also submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Director of Community Development prior to recordation.

3. This permit shall become null and void at such time as there is no longer a Type 48 California Department of A lcoholic Beverage Control license associated with the property.

4. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department.

5. This permit shall become null and void if not exercised within one year after adoption of the resolution of app roval unless extended according to procedures specified in the Municipal Code.

6. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time.

7. This Conditional Use Permit may be revoked if the operator is found to be in violation of any Conditions of Approval or applicable law.

Planning

8. No change in alcohol sales and consumption practices shall be permitted without receiving a Type 48 license from the California Department of Alcoholic Beverage Control (ABC).

9. The sale of alcoholic beverages for on -site consumption shall only be permitted between the hours of 6:00 a.m. and 2:00 a.m. daily.

10. The sale of alcoholic beverages for off -site consumption is not permitted at this location.

11. Permittee shall post signs at all exits and on the front of the building indicating that alcoholic beverages must be consumed inside the bar and may not be taken off - premises.

12. Outdoor tables and seating is permitted for coffee shop patrons in areas that shall not block parking spaces, driveways, and any pathway required by the Americans with Disabilities Act.

13. No public concerts or specific live entertainme nt events shall be permitted. No advertisement targeted for a specific performer or event may be circulated outside the bar and live entertainment shall be incidental to the bar for the enjoyment of its patrons.

14. The occupancy of the building, inclusive of patrons, staff, and entertainers, shall not exceed the occupancy load determined by the Building Division. The Building Division shall be made aware of any modifications to the floor area of the bar including the addition of permanent staging or seating to determine if the occupancy needs to be updated.

15. Indoor live entertainment shall be permitted between the hours of 6:00 a.m. and 2:00 a.m.

16. All activities shall comply with the limits contained in Table III of Title 12 (Noise) of the National City Municipal Code.

17. All entry and exit doors, including windows, shall remain closed after 9:00 p.m. during inside live entertainment activities.

18. The rear yard of area of the building is permitted to be used for outdoor storage, screened in compliance with the Land U se Code. No outdoor seating shall be permitted in this area. No patrons shall be granted access to this area.

19. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be

certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make avai lable a domestic violence training session as provided by the Institute of Public Strategies.

20. The operator of the business shall maintain an active business license and ensure that the business license is renewed annually.

Police

21. The permittee shall compl y with all applicable laws, including, but not limited to all regulatory provisions of the Business and Professions Code that pertain to the sale, serving, and consumption of alcoholic beverages.

BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council.

BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing.

CERTIFICATION:

This ce rtifies that the Resolution was adopted by the Planning Commission at their meeting of August 1, 2022, by the following vote:

AYES:

NAYS:

ABSENT: None.

ABSTAIN: None. ________________________

CHAIRPERSON

Exhibit A, Case File No. 2022-08 CUP, 7/19/2022
ATTACHMENT 4
Alley
parking
1 parking
2 parking
3 Disabled
Parking
39 ft. x 36 ft.
40 Ft.

Public Hearing
Conditional Use Permit
for on-site distilled spirits and live
entertainment at an existing beer and
wine bar (Machete Beer House)
located at 2325 Highland Ave.
2022-08 CUP
ATTACHMENT 5

Overhead

Site Characteristics:
 Subject property is 0.19 acres developed with a 2,800 sq. ft. commercial building
 Machete Beer House occupies approximately half of the building in a 1,400 sq. ft. suite
 Bar currently holds ABC Type 42 license
 El Cubilete Tires occupies other half of building/property  Four parking spaces existing for the bar
 Area is mostly commercial in nature with single-family properties to the east across the alley

Proposed Use:
 Type 48 license (On-Sale General – Public Premises) – upgrade from Type 42 to allow distilled spirits
 Current business hours are 6:00 a.m. to 2:00 a.m. daily.  Only a coffee window operates until 2:00 p.m.
 No change requested
 Applicant is also proposing to offer live entertainment in the form of jazz, mariachi, and DJs. All live
entertainment will be indoors.
 The bar has an occupancy of 49 persons, inclusive of
employees, patrons, and performers.

Site Plan/Floor Plan

Analysis:
 Request consistent with Code requirements (alcohol):
 Mailing – 660 feet owners/occupants (654)
 Community Meeting held on March 5, 2022 with one attendee  Distance from schools – property has been in use as a bar prior to the requirements of the code
 Council Policy 707
 Requires condition related to sale of food for on-sale alcohol  Policy does not anticipate a CUP for a bar or similar establishment
 Machete Beer House precedes requirements of Policy 707

Analysis:
 Current hours of operation are proposed to remain:
 6:00 am to 2:00 am
 Proposed for live entertainment as well
 Census tract 116.01
 3 on-sale licenses (less than recommended by ABC)
 No addition of license (existing)
 PD Risk Assessment
 18 points (medium risk)
 Updated attachment in staff report

Analysis (cont.):
 Hours of operation (alcohol sales)
Business Address CUP type End
time
Grill House at Big Ben108 E 8th St Beer & Wine 10 p.m.

Denny’s 1904 Sweetwater Rd Beer & Wine 11 p.m.

Royal Mandarin 1132 E Plaza Blvd Beer & Wine 10 p.m.

Chipotle 404 Mile of Cars Way Beer 11 p.m.

Crab Pub (Hooters) Westfield Plaza Bonita Beer/Wine/Spirits 12 a.m.

Koi Sushi (Yi Sushi)1430 E Plaza Blvd Beer & Wine 11 p.m.

Analysis (cont.):
 First CUP in National City for a Type 48 license
 Machete Beer House currently sells until 2:00 am
 Business operates a coffee window until 2:00 pm most days  Another business, Aja Lounge, also sells until 2:00 am under a Type 48 license without a CUP

Analysis (cont.):
 Hours of operation (live entertainment)
Business Address Year Entertainment hours
Tita’s II 3421 Plaza Blvd. 2010 5 p.m. to 12 a.m. W-Sa
Big Ben Market 108 East 8th St. 2015 12 p.m. to 10 p.m. F-Sa 12 p.m. to 9 p.m. Su
Gerry’s Grill Westfield Plaza Bonita 2021 7:30 p.m. to 10 p.m. Th 8:30 p.m. to 11:30 p.m.
 Proposed hours of 6:00 a.m. to 2:00 a.m. daily far
exceed recent CUP approvals
 Poses potential noise issues for nearby residential use  Staff suggests reduced hours, both in duration and
days.

Analysis (cont.):
 2022-18 CUP (pending City Council approval)
 Recommended 1:00 am for alcohol sales
 Recommended live entertainment inside:
 12:00 p.m. to 10:00 p.m. Sunday to Thursday
 12:00 p.m. to 11:30 p.m. Friday and Saturday
 Modified hours for adjacent school (outside only)

Analysis (cont.):
 Hours of operation (live entertainment)
 Options: Starting later, reducing evening hours,
modifying hours related to nearby school, etc.:
 Live entertainment:
 12:00 pm to 10:00 pm Sunday
 2:00 pm to 10:00 pm Monday through Thursday*
 2:00 p.m. to 11:30 p.m. Friday*
 12:00 p.m. to 11:30 p.m. Saturday
 *From 4:00 pm while Olivewood Elementary is in session  Generally, after the coffee window concludes operation  Building occupancy (49)

Comments:
 No comment received from Institute for Public
Strategies (IPS)
 Usually recommend Responsible Beverage Sales and
Service (RBSS), which is included as a standard
condition of approval.

Public Comment:
 No comments provided at the time the staff report was written
 One public comment received in opposition to the
addition of live entertainment
 Concerns over noise and other complaints such as loitering and litter

Conditions:
 Recommended conditions reflect applicant’s request
 Hours of operation for alcohol sales
 Hours of operation for live entertainment (indoors)
 Standard City Council Policy 707 conditions apply
 Exceptions for requirements related to the sale of food  No off-site sales
 Live entertainment incidental to bar use (no advertised events)
 Occupancy

Conditions (cont.):
 Compliance with Title 12 (Noise) of the NCMC
 Windows and doors to remain closed after 9:00 pm
 Only tables for coffee window permitted outdoors (no
alcohol consumption)

Summary:
 Proposed use consistent with General Plan
 Alcohol sales for on-site consumption and live entertainment both conditionally-allowed in the MXC-2 zone
 Addition of live entertainment accessory to the bar
 Inclusion of conditions requiring compliance with noise standards and operating hours intended to alleviate
concerns related to area impacts
 Notice of Exemption of CEQA

Approve CUP based on attached findings / findings
determined by the Commission; or
Deny CUP based on attached findings / findings
determined by the Commission; or
Continue the item for additional information
Staff recommending approval with appropriate
conditions
Notice of Decision to City Council
Options:

AGENDA REPORT

Department: Community Development
Prepared by: David Welch, Associate Planner
Meeting Date: Tuesday, August 16, 2022
Approved by: Brad Raulston, City Manager

SUBJECT:

Notice of Decision – Planning Commission approval - Conditional Use Permit off-sale beer & wine (Type 20) existing retail store (99 Cents Only) located at 1320 Highland Ave. adding condition to keep product locked up while not on the sales floor.

RECOMMENDATION:

Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. (Case File No.: 2022-16 CUP) (Community Development – Planning)

BOARD/COMMISSION PRIOR ACTION:

The Planning Commission recommended approval of the Conditional Use Permit by majority vote of those present.

Ayes: Castle, Sendt, Valenzuela, Yamane Nays: Natividad, Sanchez Absent: Miller

EXPLANATION:

The applicant is requesting a Conditional Use Permit for off -sale beer and wine sales in the existing 25,238 square-foot grocery and retail store. The applicant proposes a display area of 20 linear feet, which is less than 1% of the total sales area. Proposed operating hours are 7:00 a.m. to 10:00 p.m. on Tuesdays and Thursdays and 8:00 a.m. to 10:00 p.m. all other days of the week.

The Planning Commission conducted a public hearing on August 1, 2022 and voted to recommend approval of the request based on the attached finding and recommended Conditions of Approval. The attached Planning Commission staff report describes the proposal in detail.

FINANCIAL STATEMENT:

Not applicable

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Not Applicable

ENVIRONMENTAL REVIEW:

This is a project under CEQA subject to a Categorical Exemption. Existing Facilities CCR 15301.

This project qualifies for a Notice of Exemption. CCR 15374.

PUBLIC NOTIFICATION:

Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.

EXHIBITS:

1. Overhead

2. 2022-16 CUP Staff Report

3. PC Resolution 2022-17

4. Exhibit A to the PC Report – Site Plan

5. PowerPoint Slides from PC meeting

ATTACHMENT 1

2022-16 CUP – 1320 Highland Ave. – Overhead

N

Item no. 3
A
ugust 1, 2022

COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION
1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950

PLANNING COMMISSION STAFF REPORT
T
itle: CONDITIONAL USE PERM IT FOR OFF- SALE BEER AND
WINE (TYPE 20) AT AN EXISTING RETAIL STORE (THE
99 STORE) LOCATED AT 1320 HIGHLAND AVENUE.

Ca
se File No.: 2022-16 CUP
Loc
ation: Near northwest corner of East 14th St. and Highland Ave.

A
ssessor’s Parcel Nos.: 560-050-11
S
taff report by: David Welch – Associate Planner
A
pplicant: 99 Cents Only Store #101
Z
oning designation: Major Mixed-Use District (MXD-2)
A
djacent use and zoning:

N
orth: Walmart / MXD-2
E
ast: Wireless retail, barber shop, travel agency, nail salon, and Cox retail / MXD-2
S
outh: Apartments and Roberto’s Tac o Shop / Major Mixed- Use Corridor (MXC-2) and Very High Density Multi-Unit Residential (RM-3)
W
est: Proposed senior housing and medical clinic in existing parking lot / MXD-2
E
nvironmental review: The proposed project has been reviewed in compliance w ith the California Environmental Quality Act (CEQA) and has been determined to be categorically exempt from
environmental review pursuant to Class 1, Section 15301 (Existing Facilities) for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit.

S
taff recommendation: Approve
ATTACHMENT 2Page 168 of 348
Planning Commission
Meeting of August 1, 2022

Staff Recommendation
Staff recommends approval of the request for the sale of beer and wine, subject to the attached recommended conditions. The sale of alcohol is a conditionally- allowed use in MXD-2 and would contribute to the diversity of commercial offerings in the area.

Executive Summary
The applicant is proposing to sell beer and wine (ABC Type 20) in an existing 25,238 square- foot grocery and retail store. The business (99 Cents Only ) proposes a display area of 20 linear feet, which is less than 1% of the total sales area. Proposed operation hours are 7:00 am to 10:00 pm Tuesdays and Thursdays and 8:00 am to 10:00 pm all other days of the week.

Site Characteristics
The project location i s an existing commercial building that occupies a portion of a larger shopping center that sits on more than four acres at the northwest corner of Highland Avenue and East 14 th Street. The building is 25,238 square-feet in size and faces north towards a pa rking lot and the adjacent Walmart property .

The area is mixed-use with commercial uses on the north, east, and west sides.

There are also existing apartment buildings to the south. A portion of the site, currently occupied by parking spaces, is proposed t o be developed as affordable senior housing.

There was a previous CUP for off-sale alcohol license for beer, wine, and distilled spirits at this location, which was approved in 1987 for the Lucky grocery store previously at this location. However, both the business and the ABC license have been closed for many years. The ABC license was surrendered and the CUP vacated by the property owner. Therefore, no previous alcohol sales rights exist.

Proposed Use
The applicant proposes to sell beer and wine with an alcohol display area of 20 linear feet . The applicant is not requesting to have cold storage or window advertisements for alcohol with this request. Proposed hours of operation are modified on Tuesdays and Thursdays to allow seniors and at -risk customers a convenient shopping option. Additionally, the applicant does not propose to have single sales of beer nor malt products in containers larger than 25 ounces, nor wine bottles smaller than 750 ml in size. The project description provided by the applicant a lso includes distilled spirits. However, these products would not be

Planning Commission
Meeting of August 1, 2022

permitted under a Type 20 license. The existing store employs approximately 43 associates with 10 to 15 working during a typical shift.

Analysis
Section 18.30.050 of the Land Use Code al lows for off-site alcohol sales with an approved Conditional Use Permit ( CUP). Additional requirements for alcohol CUPs include expanded notification, a community meeting, and distance requirements. The same is required for modification of an existing CUP. There are also specific conditions required as part of City Council Policy 707, which regulates alcohol licenses.

Mailing – All property owners and occupants within a distance of 660 feet are required to be notified of a public hearing for al cohol-related CUP applications.

Notice of this public hearing was sent to 823 occupants and owners.

Community Meeting - Pursuant to Section 18.30.050(C) of the National City Zoning Code, a community meeting was held Wednesday, June 1, 2022 at 5:00 p.m. at the subject property. The meeting advertisement is attached (Attachment 8). Per the applicant, there were no community members in attendance.

Distance Requirements - Chapter 18.030.050(D) requires that businesses that sell alcohol meet certain distance requirements. Grocery stores, convenience stores or other retail establishments involving the sale of alcohol for off -site consumption as an accessory use have no minimum distances. The existing store is primarily a grocery and retail store with more than 75% of sales derived from food and household consumables.

Alcohol Sales Concentration/Location
Per the California Department of Alcoholic Beverage Control (ABC), there are currently 8 off-sale licenses in this census tract (117) where a maximum of four is recommended, meaning that the census tract is considered by ABC to be over - saturated with regard to alcohol sales outlets. A CUP for a Type 21 license was recently approved by the Planning Commission for 802 B Avenue, which has not started operation. For reference, the existing outlets are:

Name Address License Type* CUP
Seafood City 1420 E. Plaza Blvd. Suite C 21 Y
Big Ben Market 108 E. 8th St. 21 Y

Planning Commission
Meeting of August 1, 2022

Walmart 1200 Highland Ave. 20 Y
Smart & Final 1220 E. Plaza Blvd. Suite 510 21 Y
CVS Pharmacy 1201 E. Plaza Blvd. 21 Y
7 Eleven 1539 Highland Ave. 20 Y
Wilson’s Liquor 916 E. 8th St. 21 Y
Bottles & More Liquor 1535 E. 18th St. 21 -

* Type 20 - Off-Sale of Beer and Wine
* Type 21 - Off-Sale of Beer, Wine, and Distilled Spirits Census tract 117 includes the area between National City Boulevard and “N” Avenue, and between East 8 th Street and East 18 th Street. The attached census tract map shows the location of the subject tract (Attachment 6).

Many of the issues related to off-sale licenses sales are related to the availability of smaller quantities and cheaper products, most of which are related to businesses not subject to CUPs due to legal nonconforming status. However, businesses with CUPs are limited to the quantity and size of beer bottles (e.g., no sale of single cans or bottles ) and the size of wine bottles and their alcoholic content (e.g. , containers less than 750 milliliters nor greater than 15% content by volume) .

Modifications to the limitations on these products may only be approved by City Council.

Police Department (PD)
PD provided a Risk Assessment report, which assigns points based on the type of business, license concentration, and calls for service (among others) and ranks the business according to potential risk (low, medium, or high). In this case, The 99 Cents Only Store received a score of 15 , which would indicate a medium risk. Medium risk is considered 13 to 18 points.

Institute for Public Strategies (IPS)
Comments were received from IPS with the recommendation that staff, management, and the owner be required to attend Responsible Beverage Sales and Service training.

Public Comment
No public comment was received as part of the public hearing notice as of the writing of this staff report.

Planning Commission
Meeting of August 1, 2022

Findings for Approval
The Municipal Code contains six required findings for CUPs as follows:

1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code.

The use is allowable within MXD -2 pursuant to a CUP and the proposed use meets the required guidelines in the Land Use Code for alcohol sales, as discussed in the staff report.

2. The proposed use is consistent with the General Plan and any applicable specific plan.

Alcohol sales are per mitted, subject to a CUP, by the Land Use Code, which is consistent with the General Plan. No specific plan exists for the area.

3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity.

No expansion of the building is proposed. The proposal involves an existing commercial building, which was previously analyzed for traffic impacts when the building was constructed.

4. The site is physically suitable for t he type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints.

The proposed alcohol sales outlet would be consistent with other commercial businesses in the area accessory to the existing grocery and retail business.

5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located.

The proposed use would be subject to conditions that limit the hours and manner in which alcohol is sold.