Agenda packet, special meeting, second session — National City City Council, August 1, 2023 (part 1 of 2)

AGENDA
Consolidated Special Meeting
City Council Chamber - 1243 National City
Boulevard, National City, CA
Ron Morrison, Mayor
Luz Molina, Vice-Mayor Scott Huth, Acting City Manager Marcus Bush, Councilmember Barry J. Schultz, City Attorney Jose Rodriguez, Councilmember Shelley Chapel, MMC, City Clerk Ditas Yamane, Councilmember R. Mitchel Beauchamp, City Treasurer _______________________________________________________________________

The City Council also sits as the City of National City Community Development Commission, Housing Authority, Joint Powers Financing Authority, and Successor Agency to the Community Development Commission as the National City Redevelopment Agency
Thank you for participating in local government and the City of National City Council Meetings.

Meetings: Regular City Council Meetings are held on the first and third Tuesday of the month at 6:00 p.m. Special Closed Session Meeting and Workshops may be same day, t he 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 Ci ty 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 commen ts will be limited up to three (3) minutes. The Presiding Officer shall have the authority to reduce the time allotted to accommodate for a large number of speakers. (City Council Policy 104) If you wish to submit written comment email to the City Clerk’s Office at least 2 hours prior to the City Council Meeting to allow time for distribution to the City Council.

Spanish Interpretation Services: Spanish Interpretation Services are available, please contact the City Clerk prior to the start of the meeting for assistance.

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

The City Council also sits as the City of National City Community Development Commission, Housing Authority, Joint Powers Financing Authority, and Successor Agency to the Community Development Commission as the National City Redevelopment Agency
Gracias por participar en las reuniones del gobierno local y del Consejo de la Ciudad de National City.

Reuniones: Las reuniones regulares del Consejo Municipal se llevan a cabo el primer y tercer martes del mes a las 6:00 p.m. La reunión especial de sesión privada y los talleres pueden ser el mismo día, la hora de inicio se basa en las necesidades. Consulte las agen das 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 par a 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) minutos. El Presidente tendrá la autoridad para reducir el tiempo asignado para dar cabida a un gran número de oradores. (Política del Concejo Municipal 104) Si desea enviar comentarios por escrito, envíe un correo electrónico a la Oficina del Secretario de la Ciudad al menos 2 horas antes de la Reunión del Consejo Municipal para dar tiempo a la distribución al Consejo Municipal.

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

Título II de la Ley de Discapacidades Americanas: En cumplimiento con la Ley de Discapacidades Americanas de 1990, las personas con discapacidad pueden solicitar una agenda en formatos alternativos apropiados según lo requerido por el Título II. Cualquier per sona con una discapacidad que requiera un modificación o adaptación para participar en una reunión debe dirigir dicha solicitud a la Oficina del Secretario de la Ciudad (619) 336 -4228 al menos 24 horas antes de la reunión.

AGENDA
Consolidated Special Meeting

Tuesday, August 1, 2023, 5:00 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. INVOCATION

5. 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.

6. PROCLAMATIONS AND RECOGNITION

6.1 Introduction of New City Employees 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. 6
Recommendation:

Approve and file.

8.3 Approve an Agreement with Complete Paperless Solution (CPS) for an Enterprise Content Management Software - Laserfiche
46 Recommendation:

Adopt the Resolution entitled, “Resolution of the City Council of the City of National City, California, Approving an Agreement with Complete Paperless Solutions to Purchase an Enterprise Content Management System, and Authorizing the City Manager to Execute the Agreement.”

8.4 Authorizing the Mayor to Execute Three Program Supplement Agreements for the 24th Street Trolley Pedestrian Bridge Feasibility Study, 24th Street First and Last Mile Connections to Trolley Station Projects, and Bayshore Bikeway Segment 5.
80 Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute Three Program Supplement Agreements (PSAs) with the State of California Department of Transportation (Caltrans) for the Following Projects: 1) $294,700 for the 24th Street Trolley Pedestrian Bridge Feasibility Study; 2) $429,781 for the 24th Street First and Last Mile Connections to Trolley Station; and 3) $300,000 for the Bayshore Bikeway Segment 5 Project.”

8.5 Awarding a contract to Wright Construction Engineering Corp for Paradise Creek Water Quality and Community Enhancement Project Phase II, CIP No. 19-11
107
Recommendation:

Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, 1) Awarding a Contract to Wright Construction Engineering Corp in the Not-to-Exceed Amount of $2,610,245.00 for the Base Bid and Additive Bid for Paradise Creek Water Quality and Community Enhancement Project Phase II; 2) Authorizing a 15% Contingency in the Amount of $391,537.00 for Any Unforeseen Changes; and 3) Authorizing the Mayor to Execute the Owner-Contractor Agreement.”

8.6 Authorizing Accepting Annual Grant Fund to support the Regional Realignment Response Group (R3G) Operations in the Amount of $67,000. 122
Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing Accepting Annual Grant Funds to Support the Regional Realignment Response Group (R3G) Operations in the Amount of $67,000 and the Establishment of an Appropriation and Corresponding

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Revenue Budget.”

8.7 Director of Public Works & City Engineer Salary Schedule Adjustment 149 Recommendation:

Adopt a Resolution entitled, “Resolution of the City Council of the City of National City, California, Amending the National City Executive Group Salary Schedule for the Classification of Director of Public Works and Director of Public Works/City Engineer.”

8.8 Temporary Appointment of Two (2) CalPERS Retirees Pursuant to Government Code Sections 7522.56 and 21221(H)
156
Recommendation:

Adopt a Resolution entitled, “A Resolution of the City Council of the City of National City, California, Appointing Eric Dennis as Interim Building Official and William Lopez as Interim Street & Wastewater Maintenance Superintendent per Government Code Section 21221 (h).”

8.9 Installation of a Blue Curb Disabled Persons Parking Space with Signage in Front of the Residence at 117 2nd Street.
160
Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Installation of a Blue Curb Disabled Persons Parking Space with Signage in Front of the Residence at 117 2nd Street.”

8.10 Installation of a Blue Curb Disabled Persons Parking Space with Signage in Front of the Residence at 621 E. 16th Street.
177
Recommendation:

8.11 Installation of a Blue Curb Disabled Persons Parking Space with Signage in Front of the Residence at 605 E. 6th Street.
194
Recommendation:

8.12 Temporary Use Permit – Spirit Halloween Retail Tent Store Hosted by Spirit Halloween at Westfield Plaza Bonita Mall from September 15, 2023 thru November 3, 2023 with No Waiver of Fees.
213

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Recommendation:

Approve the Application for a Temporary Use Permit Subject to Compliance with all Conditions of Approval with No Waiver of Fees and in Accordance with City Council Policy 802.

8.13 Investment Transactions for the Month ended May 31, 2023. 235 Recommendation:

Accept and File the Investment Transaction Ledger for the Month ended May 31, 2023.

8.14 Warrant Register #47 for the period of 5/19/23 through 5/25/23 in the amount of $861,528.38.
243
Recommendation:

Ratify Warrants Totaling $861,528.38

8.15 Warrant Register #48 for the period of 5/26/23 through 6/01/23 in the amount of $5,847,820.67.
247
Recommendation:

Ratify Warrants Totaling $5,847,820.67

9. CITY MANAGER’S REPORT

10. ELECTED OFFICIALS REPORT

11. CITY ATTORNEY REPORT

12. ADJOURNMENT
Regular Meeting of the City Council of the City of National City - Tuesday, August 15, 2023 - 6:00 p.m. - Council Chambers - National City, California.

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AGENDA REPORT

Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC, City Clerk
Meeting Date: Tuesday, August 1, 2023
Approved by: Scott Huth, Acting City Manager

SUBJECT:

Approval of City Council Meeting Minutes.

RECOMMENDATION:

Approve and file.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

Meeting Minutes:

Special City Council Meeting of June 6, 2023 – Closed Session Regular City Council Meeting of June 6, 2023
Special City Council Budget Workshop of June 12, 2023
Special City Council Meeting of June 20, 2023 – Closed Session Regular City Council Meeting of June 20, 2023
Emergency Special City Council Meeting of June 22, 2023 – Closed Session

FINANCIAL STATEMENT:

Not Applicable.

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 - Special City Council Meeting of June 6, 2023 – Closed Session Exhibit B - Regular City Council Meeting of June 6, 2023 Exhibit C - Special City Council Budget Workshop of June 12, 2023 Exhibit D - Special City Council Meeting of June 20, 2023 – Closed Session Exhibit E - Regular City Council Meeting of June 20, 2023 Exhibit F – Emergency Special City Council Meeting of June 22, 2023 – Closed Session

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1 SPECIAL MEETING MINUTES OF THE CITY COUNCIL

June 6, 2023, 5:00 p.m.

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

Present: Mayor Morrison
Vice-Mayor Molina
Councilmember Bush (arrived at 5:29 p.m.)
Councilmember Rodriguez
Councilmember Yamane

Others

Present:

Armando Vergara, Interim City Manager
Barry J. Schultz, City Attorney
Shelley Chapel, City Clerk
Molly Brennan, Administrative Services Director
_____________________________________________________________________ A. CALL TO ORDER
A Special Meeting of the City Council of the City of National City was called to order at 5:10 p.m. via teleconference and in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

B. ROLL CALL
Councilmembers present: Bush (arrived at 5:29 p.m.), Rodriguez, Yamane, Molina, Morrison
C. PLEDGE OF ALLEGIANCE TO THE FLAG
Councilmember Rodriguez led the Pledge of Allegiance.

D. PUBLIC COMMENT
No public comment.

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2 E. CLOSED SESSION
Members retired into Closed Session at 5:14 p.m. and returned at 6:19 p.m. with all members present in attendance: Bush, Rodriguez, Yamane, Molina, Morrison, Brennan (left Closed Session at 6:07 p.m.), and Schultz. a. PUBLIC EMPLOYEE APPOINTMENT
Government Code Section 54957.6
Position to be Reviewed: Acting City Manager

b. PUBLIC EMPLOYMENT
Government Code Section 54957.6
Position to be filled: City Manager

c. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2)
Number of potential cases: 1
City Attorney Schultz announced that with regard to Item A, Public Employee Appointment - Acting City Manager, direction was given to negotiate the contract for the Interim City Manager, which will be brought back for the City Council for Approval at the next City Council Meeting.

No report out on Items B and C.

F. ADJOURNMENT
Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, Tuesday, June 20, 2023, 6:00 in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

The meeting adjourned at 6:21 p.m.

__________________________
Shelley Chapel, MMC, City Clerk
The foregoing minutes were approved at the Regular Meeting of August 1, 2023.

__________________________
Ron Morrison, Mayor

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REGULAR MEETING MINUTES OF THE CITY COUNCIL

June 6, 2023, 6:00 p.m.

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

Present: Mayor Morrison
Vice-Mayor Molina
Councilmember Bush
Councilmember Rodriguez
Councilmember Yamane

Others Present: Armando Vergara, Interim City Manager
Barry J. Schultz, City Attorney
Shelley Chapel, City Clerk
Carlos Aguirre, Housing Authority Director
Molly Brennan, Administrative Services Director
Tonya Hussain, Executive Secretary
Ben Martinez, Acting Community Development Director
Sergio Mora, Fire Battalion Chief
Joyce Ryan, Library & Community Services Director
Jose Tellez, Chief of Police
Roberto Yano, Director of Public Works and City Engineering _____________________________________________________________________

1. CALL TO ORDER
A Regular Meeting of the City Council of the City of National City was called to order at 6:21 p.m. via teleconference and in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

2. ROLL CALL
Interpretation in Spanish provided by Vinka Valdivia and Carlos Diaz.

3. PLEDGE OF ALLEGIANCE TO THE FLAG AND INVOCATION
Vice-Mayor Molina led the Pledge of Allegiance. Invocation provided by Imam Taha from the Islamic Center of San Diego.

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4. PUBLIC COMMENT
Mayor Morrison summarized the process for acceptance of live public comment allowing three (3) minutes per comment and introduced City Clerk Chapel.

Three (3) speakers provided in-person comments, one (1) written comment, and six (6) people provided virtual comment.

Comments received via Zoom:

Terri Skelly
Kelly McCormick
Judith Strang
Becky Rapp
Nancy Logan
Barbara Gordon
In-person comment:

Ted Godshalk
Geoffrey Schrock
Edward Nieto

5. PROCLAMATIONS AND RECOGNITION

5.1 LGBTQ+ Pride Month
Mayor Morrison presented the proclamation. Coyote Moon and Rainbow Spaces Executive Director Nadia Kean-Ayub accepted the proclamation.

5.2 Thomas D. McBride Day
Mayor Morrison presented the proclamation to Thomas D. McBride.

5.3 Introduction of New City Employees
Police Chief Tellez and Acting Director of Community Development Ben Martinez introduced the new employees.

5.4 Spanish CERT Academy Graduates
Mayor Morrison introduced Fire Chief Mora, and Management Analyst III, who presented the proclamation to the graduates.

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

6.1 2023 San Diego County Fair - Get Out There! (Luis Valdivia, Marketing Specialist, Del Mar Fairgrounds)
Mayor Morrison introduced Luis Valdivia who presented a PowerPoint presentation.

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Councilmember Rodriguez exited the dais at 7:17 p.m. and returned at 7:19 p.m.

7. REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes each)
Councilmember Rodriguez reported on the business of the SANDAG Shoreline Preservation Working Group.

Councilmember Bush provided an update on the Air Pollution Control District and Metropolitan Transit System . S poke to his attendance at the Third Annual National Cruising Community Policing Conference in New Mexico.

Councilmember Yamane reported on San Diego Community Power.

Vice-Mayor Molina provided an update on the SANDAG Board of Directors Meeting.

Bush exited the dais at 7:35 p.m. and returned at 7:37 p.m.

Mayor Morrison reported on Regional Solid Waste Association.

8. CONSENT CALENDAR
ACTION: Motion by Vice -Mayor Molina, seconded by Councilmember Rodriguez to approve Consent Calendar items 8.1 through 8.10, Items 8.12 and 8.13, and Items 8.16 through 8.21 with Items 8.11, 8.14, and 8.15 pulled for discussion.

Motion carried by unanimous vote.

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

Motion carried by unanimous vote.

8.2 Approval of City Council Meeting Minutes.

Approve and file.

Motion carried by unanimous vote

8.3 Agreement between the City of San Diego Office of Emergency Services and the City of National City for the distribution of FY22 Urban Area Security Initiative (UASI) Grant funds.

Approved Resolution No. 2023-56
Adopt the Resolution entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Sign the Agreement and Authorizing the Establishment of an Appropriation and Corresponding Revenue Budget in the Amount of $30,073.”
Motion carried by unanimous vote

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8.4 Agreement between the City of National City and Adminsure, Inc. to provide third party workers’ compensation claims administration services.

Approved Resolution No. 2023-57
Adopt a Resolution entitled, “Resolution of the City Council of the City of National City, California, authorizing the Mayor to execute the agreement by and between the City of National City and Adminsure, Inc.”
Motion carried by unanimous vote

8.5 Approval of the Agreement Between the City of National City and Invicta Security CA Corporation dba Allstate Security
Approved Resolution No. 2023-58
Approve the Resolution Entitled, “Resolution of the City Council of the City of National City, California, authorizing the City Manager to enter into an agreement between the City of National City and Invicta Security CA Corporation dba Allstate Security in the amount not -to-exceed $75,000 for the purposes of providing security guard service at the National City Public Library from July 1, 2023 to June 30, 2024.”
Motion carried by unanimous vote

8.6 Approval of the First Amendment to an Agreement between the City and SCI Consulting Group providing cannabis related management and monitoring services.

Approved Resolution No. 2023-59
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Approving the First Amendment to an Agreement Between the City of National City and SCI Consulting Group for Cannabis Related Management and Monitoring Services for a Not-to-Exceed Amount of $60,000.” Motion carried by unanimous vote

8.7 Approval of Creation of One (1) New Job Classification titled Equipment Mechanic I and Amending the MEA Salary Schedule.”
Approved Resolution No. 2023-60
Approve the Resolut ion entitled, “Resolution of the City Council of the City of National City, California, Creating one (1) New Job Classification and Amending the Municipal Employees’ Association Salary Schedule.”
Motion carried by unanimous vote

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8.8 Authorization Accepting Funds from the Listos California CERT Support Grant for National City Fire Department Community Emergency Response Team (CERT) Program.

Approved Resolution No. 2023-61
Adopt the Resolution titled “Resolution of the City Council of the City of National City, California, accepting funds in the amount of $24,200.00 from the Listos California Cert Support Grant, for the National City Fire Department’s Community Emergency Response Team (CERT) Program and authorizing the establishment of a reimbursable grants city-wide fund appropriation and corresponding revenue budget.”
Motion carried by unanimous vote

8.9 Donation of the Scotty Fire Prevention Trailer to the City of Tecate, Mexico.

Approved Resolution No. 2023-62
Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Donation of the Scotty Fire Prevention Trailer and Accessories to Another Public Agency, the City of Tecate, in Accordance with State Law and Municipal Code Section 2.42.040(B).”
Motion carried by unanimous vote

8.10 Donation of a surplus Battalion Chief Command Vehicle to the City of Tecate, Mexico.

Approved Resolution No. 2023-63
Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Donation of a Surplus Battalion Chief Command Vehicle to another Public Agency, the City of Tecate, Mexico, in accordance with Municipal Code Section 2.42.040(B).”
Motion carried by unanimous vote
Item Pulled For Discussion by Councilmember Rodriguez

8.11 Highland Avenue Inter-City Project Grant Appropriation for Plans, Specifications, and Estimate and Construction (CIP 22-13).

Approved Resolution No. 2023-64
Director of Engineering Roberto Yano answered questions posed by the C ity Council.

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, (1) Authorizing the Acceptance of State Active Transportation Grant Funds for the Highland Avenue Inter-City Bike Connection Project (CIP 22-

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13); and (2) Authorizing the Establishment of an Appropriation and Corresponding Revenue Budget in the Amount of $1,837,000.”
ACTION: Motion by Councilmember Rodriguez, seconded by Councilmember Bush to adopt the resolution.

Motion carried by unanimous vote

8.12 Installation of a Blue Curb Disabled Persons Parking Space with Signage in Front of the Residence at 325 Harbison Avenue.

Approved Resolution No. 2023-65
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Installation of a Blue Curb Disabled Persons Parking Space with Signage in Front of the Residence at 325 Harbison Avenue.” Motion carried by unanimous vote

8.13 Installation of a Blue Curb Disabled Persons Parking Space with Signage in Front of the Residence at 444 Rachael Avenue.

Approved Resolution No. 2023-66
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Installation of a Blue Curb Disabled Persons Parking Space with Signage in Front of the Residence at 444 Rachael Avenue.” Motion carried by unanimous vote
Item Pulled For Discussion by Councilmember Rodriguez

8.14 Installation of Loading and Unloading Signage Valid Fridays from 8 a.m. to 2 p.m. in Front of “Iglesia Metodista Libre Emanuel” Church Located at 2529 “D” Avenue.

Approved Resolution No. 2023-67.

Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, Authorizing the Installation of 32 feet of Loading and Unloading Signage Valid Fridays from 8 a.m. to 2 p.m. in Front of the Church “Iglesia Metodista Libre Emanuel” Located at 2529 “D” Avenue.”
ACTION: Motion by Councilmember Rodriguez, seconded by Mayor Morrison to adopt the resolution.

Motion carried by unanimous vote
Item Pulled For Discussion by Councilmember Yamane

8.15 Project Close-Out and Notice of Completion for Three CIP Construction Projects.

Approved Resolution No. 2023-68.

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One in-person comment was received from Ted Godshalk.

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Accepting the Work Performed by the General Contractors on the Following Three Projects: a) El -Toyon-Las Palmas Bicycle Corridor Project, CIP No. 19 -02; b) Roosevelt Smart Growth Corridor Project, CIP No. 19 -19; c) Citywide Safe Routes to School Project, CIP No. 19 -04; 2) Approving the Final Contract Amounts; 3) Ratifying the Release of Retentions; and 4) Authorizing the Mayor to Sign the Notice of Completion for the Projects.” ACTION: Motion by Councilmemb er Yamane, seconded by Councilmember Rodriguez to adopt the resolution.

Motion carried by unanimous vote

8.16 Temporary Use Permit – Sub-Creation Hosted by Faith Chapel at Kimball Park on June 17, 2023, from 1 p.m. to 5 p.m. with No Waiver of Fees.

Approve the Application for a Temporary Use Permit Subject to Compliance with all Conditions of Approval with No Waiver of Fees and in Accordance with City Council Policy 802.

Motion carried by unanimous vote

8.17 Investment Report for the quarter ended December 31, 2022.

Accept and File the Investment Report for the Quarter ended December 31, 2022.

Motion carried by unanimous vote

8.18 Investment Transactions for the Month Ended January 31, 2023.

Accept and File the Investment Transaction Ledger for the Month Ended January 31, 2023.

Motion carried by unanimous vote

8.19 Investment Transactions for the Month Ended February 28, 2023.

Accept and file the Investment Transaction Ledger for the month ended February 28, 2023.

Motion carried by unanimous vote

8.20 Warrant Register #43 for the period of 4/21/23 through 4/27/23 in the amount of $1,750,512.19
Ratify Warrants Totaling $ 1,750,512.19
Motion carried by unanimous vote

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8.21 Warrant Register #44 for the period of 4/28/23 through 5/4/23 in the amount of $2,895,913.06
Ratify Warrants Totaling $2,895,913.06
Motion carried by unanimous vote

9. PUBLIC HEARING
Notice of the Public Hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than specified in the notice.

9.1 Public Hearing - 2023 Weed Abatement
Approved Resolution No. 2023-69.

Fire Chief Mora introd uced Deputy Fire Marshal Robert Drew who provided the report.

Mayor Morrison declared the Public Hearing open at 8:07 p.m.

One (1) In-person public comment was received from Monica Carrillo.

One (1) written comment was received from Kurt Worden.

ACTION: Motion by Councilmember Yamane , seconded by Councilmember Rodriguez to close the Public Hearing.

Motion carried by unanimous vote.

Public Hearing closed at 8:21 p.m.

Recommendation: Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Following a Public Hearing Pursuant to the National City Municipal Code Chapters 1.36 (Abatement of Public Nuisances) and

9.12 (Abatement of Weeds and other Fire Hazards) to Consider Confirming Weed Abatement Costs, Approving the Report and Accounting.”
ACTION: Motion by Councilmember Bush, seconded by Councilmember Yamane to adopt the resolution.

Motion carried by unanimous vote.

9.2 Adoption of Resolution Approving the Annual Report for Landscape Maintenance District No. 1 (Mile of Cars) for the Fiscal Year 2023-24.

Approved Resolution No. 2023-70.

Planning Manager Martin Reeder was present for questions.

Mayor Morrison declared the Public Hearing open at 8:24 p.m.

ACTION: Motion by Councilmember Yamane, seconded by Councilmember Rodriguez to close the Public Hearing.

Motion carried by unanimous vote.

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Public Hearing closed at 8:25 p.m.

Recommendation: Adopt the Resolution Entitled “Resolution of the City Council of the Cit y of National City, California, Approving the Annual Report for the Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2023-24.” ACTION: Motion by Councilmember Rodriguez, seconded by Councilmember Bush to adopt the resolution.

Motion carried by unanimous vote.

9.3 Adoption of a Resolution Declaring Its Intention to Conduct a Public Hearing on June 20, 2023 and to Levy and Collect Assessments for the Landscape Maintenance District No. 1.

Approved Resolution No. 2023-71.

Mayor Morrison declared the Public Hearing open at 8:30 p.m.

There was no public comment.

ACTION: Motion by Councilmember Rodriguez, seconded by Mayor Morrison to close the Public Hearing.

Motion carried by unanimous vote.

Public Hearing closed at 8:30 p.m.

Recommendation: Adopt the Resolution entitled “Resolution of the City Council of the City of National City, California, Declaring Its Intention to Conduct a Public Hearing on June 20, 2023 and to Levy and Collect Assessments for the Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2023-2024.” ACTION: Motion by Vice-Mayor Molina, seconded by Councilmember Yamane to adopt the resolution.

Motion carried by unanimous vote.

9.4 Adoption of Resolution initiating proceedings for the levy and collection of assessments for the Landscape Maintenance District No. 1 (Mile of Cars) for fiscal year 2023-24
Approved Resolution No. 2023-72.

Mayor Morrison declared the Public Hearing open at 8:32 p.m.

There was no public comment.

ACTION: Motion by Vice -Mayor Molina, seconded by Councilmember Bush to close the Public Hearing.

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Motion carried by unanimous vote.

Public Hearing closed at 8:28 p.m.

Recommendation: Adopt the Resolution entitled “Resolution of the City Council of the City of National City, California, Initiating Proceedings for the Levy and Collection of Assessments for the Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2023-24.”
ACTION: Motion by Vice -Mayor Molina, sec onded by Councilmember Bush to adopt the resolution.

Motion carried by unanimous vote.

9.5 Second Public Hearing and Adoption of an Ordinance to Extend the Wastewater Rates Adopted for Fiscal Years 2022-2023 through Fiscal Years 2024-2025 with No Increase.

Approved Ordinance No. 2023-2521.

Mayor Morrison declared the Public Hearing open at 8:33 p.m.

There was no public comment.

ACTION: Motion by Councilmember Bush , seconded by Vice -Mayor Molina to close the Public Hearing.

Motion carried by unanimous vote.

Public Hearing closed at 8:33 p.m.

Recommendation: Hold a Second Public Hearing and Adopt the Ordinance Entitled, “Ordinance of the City Council of the City of National City, California, Amending Ordinance No. 2017 -2442 Extending the Wastewater Rates Adopted for Fiscal Years 2022 -2023 to Fiscal Years 2023 -2024 and 2024 -2025 with No Increase.”
ACTION: Motion by Councilmember Bush, seconded by Vice -Mayor Molina to adopt the ordinance.

Motion carried by unanimous vote.

Councilmember Bush left the dais at 8:36 p.m. and returned at 8:38 p.m.

9.6 A Public He aring to Consider Rate Adjustments for Refuse Services, including Recycling and Organic Waste Disposal, and Amending the Agreement between the City and EDCO Disposal Corp.

Approved Resolution No. 2023-73.

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Director of Engineering & Public Works Yano introduced EDCO General Manager Carl Scherbaum who provided a PowerPoint presentation.

Mayor Morrison declared the Public Hearing open at 8:37 p.m.

Two (2) in-person public comments were received from Paul A. Torres and Mike J.

City Clerk Chapel read the procedures for protest. Three (3) written protests were received and 263 mailed notices were returned undeliverable.

ACTION: Motion by Vice-Mayor Molina, seconded by Councilmember Yamane to close the Public Hearing.

Motion carried by unanimous vote.

Public Hearing closed at 8:53 p.m.

Recommendation: Hold Public Hearing to Consider Rate Adjustment for Refuse Services and Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Adopting a Resolution Following a Public Hearing Pursuant to Proposition 218 to Consider Rate Adjustments for Refuse Services, Including Recycling and Organics / Yard Waste Disposal, Provided to National City Residences and Businesses by EDCO Disposal Corporation, and Amending the Agreement Between the City and EDCO Disposal Corporation to Increase the Monthly Rates for Refuse Collection Services.”
ACTION: Motion by Councilmember Yamane, seconded by Councilmember Bush to adopt the resolution.

Motion carried by unanimous vote.

10. CITY MANAGER’S REPORT
Interim City Manager Armando Vergara introduced Director of Library and Community Services Joyce Ryan who provided information on community events.

11. ELECTED OFFICIALS REPORT
Closing remarks were provided by members of the City Council.

12. CITY ATTORNEY REPORT
No report.

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13. ADJOURNMENT
Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, Tuesday, June 20, 2023, 6:00 p.m. in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

The meeting adjourned at 9:14 p.m.
__________________________________
LaTonya Hussain, Executive Secretary

The foregoing minutes were approved at the Regular Meeting of August 1, 2023.

________________________________
Ron Morrison, Mayor

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SPECIAL MEETING MINUTES OF THE CITY COUNCIL WORKSHOP

June 12, 2023, 4:00 p.m.

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

Present: Mayor Morrison
Vice-Mayor Molina
Councilmember Bush
Councilmember Rodriguez (arrived at 4:08 p.m.)
Councilmember Yamane

Others Present: Armando Vergara, Interim City Manager
Ashlin Lutes , Deputy City Attorney
Shelley Chapel, City Clerk
Carlos Aguirre, Housing Authority Director
Molly Brennan, Administrative Services Director
Paul Valadez, Budget Manager
Ben Martinez, Acting Community Development Director
Sergio Mora, Fire Battalion Chief
Joyce Ryan, Director of Library and Community Services
Jose Tellez, Chief of Police
Roberto Yano, Director of Public Works and City Engineering _____________________________________________________________________

1. CALL TO ORDER
A Special Meeting of the City Council of the City of National City was called to order at 4:06 p.m. via teleconference and in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

2. ROLL CALL
Councilmembers present: Bush, Rodriguez (arrived at 4:08 p.m.), Yamane, Molina, Morrison
Interpretation in Spanish provided by Carlos Diaz and Luisa Diaz de Leon.

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3. PLEDGE OF ALLEGIANCE
Councilmember Bush led the Pledge of Allegiance.

4. PUBLIC COMMENT
Mayor Morrison summarized the process for acceptance of live public comment allowing three (3) minutes per comment and introduced City Clerk Chapel.

Five (5) speakers provided in -person comments and two (2) written comments. There were no registrants for virtual comment.

In-person comments:

Larry Emerson
Sherry Gogue
Edward Nieto
Daniel Perez
Joan Rincon

5. STAFF REPORT
Fiscal Year 2023-2024 Preliminary Budget Workshop
Interim City Manager Armando Vergara introduced Molly Brennan, Administrative Services Director who presented the item utilizing a PowerPoint Presentation.

Recommendation: Review, receive presentation, and provide direction.

ACTION: Motion by Councilmember Bush, seconded by Councilmember Rodriguez to move forward with the City Council District Budgeting in the amount of $100,000.

Motion carried by 3-2 vote.

Ayes: Bush, Rodriguez, Yamane
Nays: Molina, Morrison
ACTION: Motion by Counci lmember Bush, Seconded by Councilmember Yamane to direct staff to look at rehabilitation of the Las Palmas Wellness Center and Restrooms and to defer spending any additional design money on the new wellness center.

Councilmember Rodriguez asked for a friendly amendment to include within the proposal the splash pad as well as two (2) restrooms. The maker of the motion and second er agreed with the friendly amendment. Also, to include the option to ask assistance from A.R.T.S. with rehab project.

Vice-Mayor Molina requested clarification from Deputy City Attorney Lutes regarding the consequences of this action, considering the Las Palmas Wellness Center project had previously been approved with a budget by the City Council.

Mayor Morrison called for recess at 5:45 p.m. and all members present returned to the dais at 6:02 p.m.

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Deputy City Attorney Lutes requested point of clarification from Councilmember Bush on the motion. The maker of the motion confirmed the motion was to postpone the Las Palmas Wellness Center and the $2.7 million and have staff bring back an option for rehab.

Deputy City Attorney Lutes clarified that the request was to have staff bring back a new project that would involve a rehab instead of the current project and Councilmember Bush agreed.

Deputy City Attorney Lutes advised the City Council that as requested, to choose to not fund the project right now and ask staff to come back with a new project later with the rehab would require the item to return to a future City Council meeting if included in the motion.

Motion carried by 3-2 vote.

Ayes: Bush, Rodriguez, Yamane
Nays: Molina, Morrison
ACTION: Motion by Councilmember Bush , to move forward with hiring two (2) police dispatchers and two (2) officers. Motion withdrawn.

Motion by Councilmember Bush, seconded by Councilmember Rodriguez to hire two (2) police dispatchers and two (2) police officers, to continue with previous direction to hire three (3) firefighters with the 4-0 staffing requirement with it, and continue the status quo on tree trimming.

Councilmember Rodriguez asked the maker of motion to amend the motion to include the remaining items that were previously discussed and supported, which included: One-time positions of $25,000 for Street Sign Replacements; $50,000 for Chamber of Commerce; $250,000 for Civic Center Kimball Rec Master Plan; $100,000 for National City Blvd and Harbison; Quality of Life Overtime; Storm Drain Rehab; and, the on -going enhancement decisions that were also supported th at include PD and Fire, after -school program, tree trimming, amortization, and district budgeting. Additionally requested staff to look at overtime.

Vice-Mayor Molina asked for clarification of the motion.

Councilmember Bush restated the motion: Approve the on-going enhancement decision items which include the four (4) new police staff (2 dispatchers and 2 police officers), three (3) new firefighters and the 4-0 staffing, the after -school programs, tree -trimming, engineering permit tech, amortization, Ci ty Council District Budgets, reduced recreation fee and approve the one -time enhancement decision items, Street Sign Replacement, Chamber of Commerce, Granger Hall Relocation, Civic Center Kimball Rec Master Plan, Clean-up at National City Blvd and Harbiso n, Public Works Quality of Life Overtime, Pavement Rehab, Storm Drain Rehab, and for staff to look at further overtime reductions.

Motion carried by 3-2 vote.

Ayes: Bush, Rodriguez, Yamane
Nays: Molina, Morrison

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In-person comments:

Ed Nieto
Thelma
Geoffrey Schrock
Joan Rincon

6. ADJOURNMENT
Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, Tuesday, June 20, 2023, 6:00 p.m. in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

The meeting adjourned 6:51 p.m.

________________________________
Shelley Chapel, MMC, City Clerk

The foregoing minutes were approved at the Regular Meeting of August 1, 2023.

________________________________
Ron Morrison, Mayor

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1 SPECIAL MEETING MINUTES OF THE CITY COUNCIL

June 20, 2023, 4:30 p.m.

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

Present: Mayor Morrison
Vice-Mayor Molina
Councilmember Bush (arrived at 4:38 p.m.)
Councilmember Rodriguez (arrived at 4:37 p.m.)
Councilmember Yamane

Others Present: Armando Vergara, Interim City Manager
Barry J. Schultz, City Attorney
Shelley Chapel, City Clerk
William Pate, Special Counsel
_____________________________________________________________________ A. CALL TO ORDER
A Special Meeting of the City Council of the City of National City was called to order at 4:35 p.m. via teleconference and in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

B. ROLL CALL
Councilmembers present: Bush (arrived at 4:38 p.m.), Rodriguez (arrived at 4:37 p.m.), Yamane, Molina, Morrison
C. PLEDGE OF ALLEGIANCE TO THE FLAG
Vice-Mayor Molina led the Pledge of Allegiance.

D. PUBLIC COMMENT
No public comment.

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2 E. CLOSED SESSION
Members retired into Closed Session at 4:37 p.m. and returned at 5:51 p.m. with all members present in attendance: Bush, Rodriguez, Yamane, Molina, Morrison, Schultz, and Special Counsel William Pate.
a. PUBLIC EMPLOYMENT
Government Code Section 54957.6
Position to be filled: City Manager

b. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Government Code Section 54956.9(d)(1)
Name of Case: Bhandari v City of National City et. al
California Southern District Court
Case No. 3:2021-CV-01652-BTM-MDD
Closed Session report to be heard at the Regular City Council Meeting to be held at 6:00 p.m.

The meeting adjourned at 5:51 p.m.

__________________________
Shelley Chapel, MMC, City Clerk
The foregoing minutes were approved at the Regular Meeting of August 1, 2023.

__________________________
Ron Morrison, Mayor

Page 26 of 253 ends

REGULAR MEETING MINUTES OF THE CITY COUNCIL

June 20, 2023, 6:00 p.m.

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

Present: Mayor Morrison
Vice-Mayor Molina
Councilmember Bush
Councilmember Rodriguez
Councilmember Yamane

Others Present: Armando Vergara, Interim City Manager
Barry J. Schultz, City Attorney
Shelley Chapel, City Clerk
Carlos Aguirre, Housing Authority Director
Molly Brennan, Administrative Services Director
Ben Martinez, Acting Community Development Director
Sergio Mora, Fire Battalion Chief
Joyce Ryan, Library & Community Services Director
Jose Tellez, Chief of Police
Roberto Yano, Director of Public Works and City Engineering _____________________________________________________________________

1. CALL TO ORDER
A Regular Meeting of the City Council of the City of National City was called to order at 6:10 p.m. via teleconference and in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

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

3. PLEDGE OF ALLEGIANCE TO THE FLAG AND INVOCATION
Councilmember Rodriguez led the Pledge of Allegiance. Invocation provided by Pastor Dan Koeshall, Metropolitan Community Church.

Page 27 of 253 ends

Item Pulled Out of Order by Mayor Morrison

5. PROCLAMATIONS AND RECOGNITION

5.1 Juneteenth Day
Mayor Morrison presented a Proclamation to Donna DeBerry for the County of San Diego Central Black Chamber of Commerce.

4. PUBLIC COMMENT
Mayor Morrison summarized the process for acceptance of live public comment allowing three (3) minutes per comment and introduced City Clerk Chapel.

Five (5) speakers provided in -person comments, one (1) written comment, and four (4) people provided virtual comment.

Comments received via Zoom:

Kelly McCormick
Judith Strang
Barbara Gordon
Becky Rapp

In-person comment:

Joseph L. Crawford
Michael Tillo
Joan Rincon
Kelsey Genesi - EHC
Geoffrey Schrock

5. PROCLAMATIONS AND RECOGNITION

5.2 Employee of the Quarter, Police Sergeant Michael “Scott” Shanahan Mayor Morrison introduced Police Chief Tellez who presented the proclamation.

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

6.1 National City Brownfields Assessment Project by San Diego State University (SDSU)
Mayor Morrison introduced Jessica Barlow, Professor of Sustainability, Department of Geography at SDSU who presented a PowerPoint presentation.

Page 28 of 253 ends

7. REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes each) Councilmember Rodriguez had nothing to report.

Councilmember Bush reported on Metropolitan Transit System.

Vice-Mayor Molina provided an update on the SANDAG Board of Directors Meeting.

Councilmember Yamane had nothing to report.

Mayor Morrison had nothing to report.

Port Commissioner Naranjo reported updates from the Port Authority.

8. CONSENT CALENDAR
ACTION: Motion by Councilmember Rodriguez, seconded by Councilmember Yamane to approve Consent Calendar Items 8.1 through 8.8, and Items 8.10 through 8.22 with Items

8.09, and 8.23 pulled for discussion.

Motion carried by unanimous vote.

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

Motion carried by unanimous vote.

8.2 Approval of City Council Meeting Minutes.

Approve and file.

Motion carried by unanimous vote.

8.3 Agreement Between City of National City and Chandler Asset Management, Inc.

Approved Resolution No. 2023-74
Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute the Agreement By and Between the City of National City and Chandler Asset Management, Inc. for Investment Management and Advisory Services.”
Motion carried by unanimous vote.

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8.4 Agreement between the City of National City and the Pun Group, LLP.

Approved Resolution No. 2023-75
Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California authorizing the Mayor to execute an agreement with The Pun Group, LLP For Professional Independent Audit Services”.

Motion carried by unanimous vote.

8.5 Amending the Confidential Gro up Salary Schedule to Revise the Salary of the Senior Information Technology Analyst for 2023 and 2024.

Approved Resolution No. 2023-76
Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Amending the Confidential Group Salary Schedule.” Motion carried by unanimous vote.

8.6 Approval of Amendment to Agreement with San Diego County for Senior Nutrition Services
Approved Resolution No. 2023-77
Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute the Amendment to County Contract 561763 Extending the Contract Term for Six (6) Additional Months Through December 31, 2023.”
Motion carried by unanimous vote.

8.7 Approval of Agree ment Between the City of National City and the National City Host Lions Club
Approved Resolution No. 2023-78
Adopt a Resolution Entitled, “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 to Facilitate the Fourth of July Carnival from Friday, June 30, 2023 to Tuesday, July 4, 2023.” Motion carried by unanimous vote.

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8.8 Approval of Agreements with San Diego Gas and Electric Company, BNSF Railway Company, San Diego Metropolitan Transit System, and the San Diego Unified Port District for Segment 5 of the Bayshore Bikeway in National City.

Adopt Resolutions Entitled:

Approved Resolution No. 2023-79
1) “Resolution of the City Council of the City of National City, California, authorizing the Mayor to Execute the Agreement with San Diego Gas & Electric Company for the Purpose of Construction, Planting Mitigation, Monitoring, Operation, Inspection, Maintenance, Repair and Replacement of the Bike Path for Segment 5 of the Bayshore Bikeway in the City of National City;” and,

Approved Resolution No. 2023-80
2) “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute the Agreement with BNSF Railway Company for the Purpose of Construction, Plant Mitigation, Operation, Inspection, Maintenance, Repair and Replacement of the Bike Path for Segment 5 of the Bayshore Bikeway in the City of National City;” and,

Approved Resolution No. 2023-81
3) “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute the Agreement with San Diego Metropolitan Transit System for the Purpose of Construction, Planting Mitigation, Monitorin g, Operation, Inspection, Maintenance, Repair and Replacement of the Bike Path for Segment 5 of the Bayshore Bikeway in the City of National City;” and,

Approved Resolution No. 2023-82
4) “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute the Agreement with the San Diego Unified Port District for the Purpose of Construction, Planting Mitigation, Monitoring, Operation,

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Inspection, Maintenance, Repair and Replacement of the Bike Path for Segment 5 of the Bayshore Bikeway in the City of National City.” Motion carried by unanimous vote.

Item Pulled For Discussion by Councilmember Rodriguez

8.9 Approval of a Three (3) year Contract for a Not -to-Exceed Amount of $2 Million Dollars with Circuit Transit Inc. with an Option for Two (2) One -Year Extensions Depending on Available Funds to Provide the Free Ride Around National City (FRANC) Shuttle Program
Approved Resolution No. 2023-83
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Use of Cooperative Procurement with SANDAG’s Regional Flexible Fleet Services Procurement Process to Award a Three (3) Year Contract for a Not -to-Exceed Amount of $2 Million Dollars to Circuit Transit Inc. with an Option for Two (2) One-Year Extensions Depending on Available Funding to Provide the Free Ride Around National City (FRANC) Shuttle Program.

ACTION: Motion by Councilmember Rodriguez, seconded by Councilmember Yamane to adopt the resolution.

Motion carried by unanimous vote.

8.10 Authorize the Acceptance of the California Automated Permit Processing Program Grant
Approved Resolution No. 2023-84
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the City Manager or Designee to Accept the California Automated Permit Processing Program Grant in the Amount of $60,000 from the California Energy Commission to Fund the National City Building Division’s Implementation of an Online Solar Permittin g Platform and Authorizing the Establishment of a Community Development Reimbursable Grant Fund Appropriation of $60,000 and Corresponding Revenue Budget.” Motion carried by unanimous vote.

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8.11 Approval of a Second Amendment to the Agreement between the City and Devaney Pate Morris & Cameron LLP for legal services in the specialized area of General Civil Litigation Defense arising from Government Claims.

Approved Resolution No. 2023-85
Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Approving a Second Amendment to the Agreement Between the City and Devaney Pate Morris & Cameron LLP for Legal Services in the Specialized Area of General Civil Litigation Defense Arising from Government Claims by 1) Incr easing the Not-to-Exceed Amount by $50,000 for a New Total Not-to-Exceed Amount of $250,000 Pertaining to Litigation Titled Bhandari v. City and 2) Increasing the Not-to-Exceed Amount by $50,000 for a New Total Not-to-Exceed Amount of $200,000 Pertaining to Litigation Titled Cummins v. City.”
Motion carried by unanimous vote.

8.12 First Amendments to On -Call Consultant Agreements for City’s Capital Improvement Program (CIP)
Approved Resolution No. 2023-86
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute First Amendments to Extend Agreements by One -Year with the Following On -Call Consultants: a) Atlas Technical Consultants, LLC; b) D -MAX Engineering, Inc.; c) Geosyn tec Consultants, Inc.; d) Leighton Consulting, Inc.; e) Ninyo & Moore Geotechnical & Environmental Sciences Consultants; and, f) Randall Lamb Associates, Inc.” Motion carried by unanimous vote.

8.13 First Amendment with San Diego Mechanical Energy, Inc. for Facilities Maintenance Services
Approved Resolution No. 2023-87
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute a First Amendment to the Agreement with San Diego Mechanical & Energy, Inc., Extending the Agreement by One-Year to June 30, 2024.” Motion carried by unanimous vote.

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8.14 First Amendment to the Agreement with Southwest Traffic Signal, Inc., for Traffic Signal and Streetlight Maintenance
Approved Resolution No. 2023-88
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute a First Amendment to the Agreement with Southwest Traffic Signal Service, Inc., Extending the Agreement by One-Year to June 30, 2024.”
Motion carried by unanimous vote.

8.15 Memorandum of Understanding (MOU) Between the San Diego Unified Port District and the City of National City to Contribute Funds for the Free Ride Around National City (FRANC) Program.

Approved Resolution No. 2023-89
Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City 1) Authorizing the Mayor to Execute a Memorandum Of Understanding Between the San Diego Unified Port District and the City of National City to Contribute Funds from the Maritime Industrial Impact Fund for the Funding of the Free Ride Around National City (FRANC) Program; and
2) Authorizing the Establishment of $400,000 in Appropriations and a Corresponding Revenue Budget.”
Motion carried by unanimous vote.

8.16 Sole Source Purchase of a Phoenix G2 Fire Station Alerting System Approved Resolution No. 2023-90
Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Waiving the Formal Bid Process Pursuant to National City Municipal Code Section 2.60.220 (B) Regarding the Sole Source Purchase of the Phoenix G2 Fire Station Alerting System for the National City Fire Department, from US Digital Designs (USDD) for a Not-To-Exceed Amount of $158,504.85.” Motion carried by unanimous vote.

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8.17 Sole Source Installation of the Phoenix G2 Fire Station Alerting System by Bergelectric
Approved Resolution No. 2023-91
Adopt the Resolution, Entitled, “Resolution of the City Council of the City of National City, California, Waiving the Formal Bid Process Pursuant to National City Municipal Code Section 2.60.220 (B) Regarding the Sole Source Installation of the Phoenix G2 Fire Station Alerting System for the National City Fire Department by Bergelectric for a Not-to-Exceed Amount of $86,150.00 and Authorizing Additional Budget Appropriations of $74,654.85 from General Fund Unassigned Fund Balance for Said Installation.”
Motion carried by unanimous vote.

8.18 Annual Appropriations Limit for Fiscal Year 2024
Approved Resolution No. 2023-92
Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Approving and Adopting the Annual Appropriations Limit of $80,226,080 for Fiscal Year 2024”
Motion carried by unanimous vote.

8.19 Successor Agency Proposed Budget for Fiscal Year 2023-24 Adopt the Proposed Budget for the Successor Agency for Fiscal Year 2023-24.

Approved Resolution No. 2023-114
Adopt the Resolution Entitled, “Resolution of the Board of the Successor Agency to the Community Development Commission as the National City Redevelopment Agency, California, Adopting a Budget of $4,266,020 for Fiscal Year 2023-24.” Motion carried by unanimous vote.

8.20 Investment Report for the Quarter Ended March 31, 2023.

Accept and File the Investment Report for the Quarter Ended March 31, 2023.

Motion carried by unanimous vote.

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8.21 Investment transactions for the month ended April 30, 2023.

Accept and file the Investment Transaction Ledger for the month ended April 30, 2023.

Motion carried by unanimous vote.

8.22 Warrant Register #45 for the period of 5/5/23 through 5/11/23 in the amount of $1,380,114.63.

Ratify Warrants Totaling $ 1,380,114.63
Motion carried by unanimous vote.

Item Pulled For Discussion by Councilmember Rodriguez

8.23 Warrant Register #46 for the period of 5/12/23 through 5/18/23 in the amount of $2,374,502.87.

Ratify Warrants Totaling $ 2,374,502.87
ACTION: Motion by Councilmember Rodriguez, seconded by Councilmember Yamane to approve.

Motion carried by unanimous vote.

Councilmember Bush left the dais at 7:21 p.m. and returned at 7:23 p.m.

9. PUBLIC HEARING
Notice of the Public Hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than specified in the notice.

9.1 Public Hearing and Review of the Focused General Plan Update’s Supplemental Program Environmental Impact Report and California Environmental Quality Act (CEQA) Findings.

Vice-Mayor Molina left the dais at 7:21 p.m. recusing herself from the item as she lives within 500 to 1,000 feet of the alternative site project and returned to the dais at 8:14 p.m.

Mayor Morrison disclosed he spoke with the project Attorney.

Councilmember Rodriguez left the dais at 7:27 p.m. and returned at 7:30 p.m.

Mayor Morrison excused the interpreters at 8:00 p.m. per City Council Policy No. 104(III)(R), two hour minimum and as there were no more participants registered to comment via Zoom

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Mayor Morrison introduced Angelita Palma, Acting Director of Housing Authority who introduced Tara Lake, Senior Vice -President at WSP USA ; Stephanie Whitmore, Director Environmental Planning, WSP USA ; Laura Gates , Gates Planning Strategies; Planning Manager Reeder; and, Director of Public Works and Engineering Yano who provided the report.

Mayor Morrison declared the Public Hearing open at 7:36 p.m.

Three (3) in-person public comment were received from Cynthia Morgan-Reed, Ted Godshalk, and Kelsey Genesi – EHC.

Two (2) written comment s were received from Cynthia Morgan -Reed, Ted Godshalk.

ACTION: Motion by Councilmember Rodriguez, seconded by Councilmember Bush to close the Public Hearing.

Motion carried by unanimous vote
Public Hearing closed at 7:47 p.m.

Recommendation: Hold the Public Hearing, Discuss the Project and the Alternate Project Location Alternative, and Consider the National City Planning Commission’s Recommendation In -Favor of the Alternate Project Location Alternative.

Councilmembers provided comment.

Mayor Morrison called for a recess at 8:14 p.m. and all members returned at 8:21 p.m. to resume the meeting.

9.2 Public Hearing and Resolution Confirming the Assessment and Ordering the Levy for the Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2023-

24. 591
Approved Resolution No. 2023-93
Mayor Morrison declared the Public Hearing open at 8:22 p.m.

No Public Comment.

ACTION: Motion by Vice -Mayor Molina, seconded by Councilmember Bush to close the Public Hearing.

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Motion carried by unanimous vote.

Public Hearing closed at 8:22 p.m.

ACTION: Motion by Vice-Mayor Molina, seconded by Councilmember Rodriguez to approve.

Motion carried by unanimous vote.

9.3 Public Hearing and Adoption of a Resolution Accepting the National City Fiscal Year 2023-2024 Tax Roll Sewer Service Fees Report.

Approved Resolution No. 2023-94
Mayor Morrison introduced Director of Public Works/Engineering Yano.

Mayor Morrison declared the Public Hearing open at 8:24 p.m.

No Public Comment.

ACTION: Motion by Councilmember Yamane, seconded by Vice-Mayor Molina to close the Public Hearing.

Motion carried by unanimous vote.

Public Hearing closed at 8:24 p.m.

Recommendation: Hold a Public Hearing and Adopt the Resolution Entitled, “Resolution of the Cit y Council of the City of National City, California, Accepting the National City 2023-2024 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 2023-24 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 County of San Diego Auditor and Controller, and Directing the City Engineer to Submit a Certification of the Sewer Service Charges to the County of San Diego Auditor and Controller.”
ACTION: Motion by Councilmember Yamane, seconded by Vice-Mayor Molina to approve.

Motion carried by unanimous vote.

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10. STAFF REPORTS

10.1 Verbal Report-Out of Salary and Benefits in the Employment Agreement of the Interim City Manager as required by the Brown Act 680.

Approved Resolution No. 2023-95
City Attorney Schultz read the verbal report out of Salary and Benefits and noted a correction to $255,723.12 as the base salary.

One (1) Written Comment: Ted Godshalk
Recommendation: Consider Adoption of the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Appointing Arm ando Vergara as Interim City Manager and Authorizing the Mayor to Execute an Employment Agreement Between the City of National City and Armando Vergara with the Effective Date of June 1, 2023.”
ACTION: Motion by Councilmember Yamane, seconded by Councilme mber Rodriguez to approve.

Motion carried by unanimous vote.

10.2 Cannabis Business Development Agreements
Approved Resolution No. 2023-96
Mayor Morrison introduced Pedro Garcia, Economic Development Manager who provided the report and PowerPoint Presentation.

Written Public Comment: Gina Austin, Brittany Biesterfeld, Chris Garmo, Joan Rincon, Bill Nosal, Dukie Valderrama, and Anthony Avalos.

Two (2) Public Comments via Zoom: Laura Wilkinson Sinton and Jacqueline Luna Reynoso
Recommendation: Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Approving the Cannabis Business Development Agreements with Mr. Nice Guy, Element 7 , and NC Investment Group.”

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ACTION: Motion by Vice-Mayor Molina, seconded by Councilmember Rodriguez to approve.

Motion carried by 4-1 vote.

Ayes: Rodriguez, Yamane, Molina, Morrison
Nays: Bush

10.3 City of National City Annual Comprehensive Financial Report (ACFR) for the Fiscal Year Ended June 30, 2022.

Mayor Morrison introduced Molly Brennan, Administrative Services Director ; Rachelle Barrera, Finance Manager; and, Coley Delaney, The Pun Group.

One (1) Written Public Comment: Ted Godshalk
Recommendation: Accept and File the Report.

ACTION: Motion by Councilmember Yam ane, seconded by Councilmember Rodriguez to approve.

Motion carried by unanimous vote.

10.4 Fiscal Year 2023 Third Quarter Budget Review
Approved Resolution No. 2023-97
Mayor Morrison introduced Budget Manager Paul Valadez who provided the report.

No Public Comment.

Recommendation: Accept and File this Report, and Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing Various Fiscal Year 2023 3rd Quarter Budget Adjustments.” ACTION: Motion by Vice-Mayor Molina, seconded by Councilmember Rodriguez to approve.

Motion carried by unanimous vote.

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10.5 Resolution of the City Council of the City of National City Adopting a Budget for Fiscal Year 2024
Approved Resolution No. 2023-98
Mayor Morrison introduced Molly Brennan, Director of Administrative Services who provided the report and PowerPoint Presentation.

Public Comment: Liliana Armenta, Mike Montoya, Edward Nieto, Alma Sarmiento, Sherry Gogue, Kelsey Genesi, Daniel Perez, and Sandra Scheller One (1) Public Comment via Zoom: Edna Concepcion
One (1) Written Public Comment: Ted Godshalk
Recommendation: Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Adopting a Budget for the Fiscal Year 2024.”

At 10:40 p.m., Mayor Morrison reminded the City Council of Policy #104 that requires the C ity Council Meeting to be adjourned no later than 10:30 p.m. unless extended by Council vote. Mayor Morrison asked the City Council to consider extending the meeting for 30 minutes to complete the remaining items.

ACTION: Motion by Councilmember Rodrigu ez, seconded by Councilmember Bush to end the meeting by 11:10 p.m.

Motion carried by 4-1 vote.

Ayes: Bush, Rodriguez, Yamane, Morrison
Nays: Molina

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Councilmember Yamane called “Point of Order, stating “Vote has been called.” Mayor Morrison responded that the Point of Order does not “Call for a Vote”. Councilmember Rodriguez seconded the Point of Order. Mayor Morrison stated that it will require a 4/5ths vote to end discussion. Vote was called.

Ayes: Bush, Rodriguez, Yamane, Molina
Nayes: Morrison

ACTION: Motion by Councilmember Bush, seconded by Counc ilmember Rodriguez to approve staff recommendation to adopt the Budget as presented.

Motion carried by 3-2 vote.

Ayes: Bush, Rodriguez, Yamane
Nays: Molina, Morrison

10.6 City Council Discussion and Direction Regarding Revisions to City Council Policy No. 104: Rules of Procedural and Order for City Council Meetings Recommendation: Discuss and Provide Direction to Staff Regarding Revisions to the City Council Policy N o. 104: Rules of Procedural and Order for City Council Meetings; XIV Procedural Matters, E (Proclamations).

ACTION: Motion by Councilmember Rodriguez, seconded by Councilmember Bush to approve.

Motion carried by 3-2 vote.

Ayes: Bush, Rodriguez, Yamane
Nays: Molina, Morrison

11. CITY MANAGER’S REPORT
No Comment.

12. ELECTED OFFICIALS REPORT
Closing remarks were provided by the City Council.

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13. CITY ATTORNEY REPORT

CLOSED SESSION

1. PUBLIC EMPLOYMENT
Government Code Section 54957.6 Position to be filled: City Manager

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Government Code Section 54956.9 (d) (1) Name of Case: Bhandari v City of National City. et al. California Southern District Court Case No: 3:2021-CV-01652-BTM-MDD

City Attorney Schultz reported that two (2) items were discussed in Closed Session. The first item involved Existing Litigation Bhandari vs City of National City with no reportable action.

The second item involved the discussion of public employment: Permanent City Manager.

City Council has directed staff to move forward to negotiate a contract with Armando Vergara as the permanent City Manager.

14. ADJOURNMENT
Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, Tuesday, August 1, 2023, 6:00 p.m. in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

The meeting adjourned at 11:13 p.m.

__________________________________
Shelley Chapel, MMC, City Clerk

The foregoing minutes were approved at the Regular Meeting of August 1, 2023.

________________________________
Ron Morrison, Mayor

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1 EMERGENCY SPECIAL MEETING MINUTES OF THE CITY COUNCIL

June 22, 2023, 4:30 p.m.

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

Present: Mayor Morrison
Vice-Mayor Molina
Councilmember Bush
Councilmember Rodriguez
Councilmember Yamane

Others

Present:

Barry J. Schultz, City Attorney

_____________________________________________________________________

1. CALL TO ORDER
An Emergency Special Meeting of the City Council of the City of National City was called to order at 4:30 p.m. in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

2. ROLL CALL
Councilmembers present: Bush, Rodriguez, Yamane, Molina, Morrison

3. CLOSED SESSION
Under Government Code Section: 54956.5
The City Council voted unanimously the need for an Emergency Closed Session Meeting to discuss the unexpected death of City Manager Armando Vergara.

Members retired into Closed Session at 4:30 p.m. and returned at 5:30 p.m. with all members present in attendance: Bush, Rodriguez, Yamane, Molina, Morrison, and Schultz.

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2 The City of National City is a City Council/City Manager form of government therefore, in the absence of a City Manager the Assistant City Manager acts on their behalf. Due to the fact the Assistant City Manager was out due to health reasons, the City Council in Closed Session appointed Deputy City Manager Scott Huth as Acting City Manager with a unanimous vote.

4. ADJOURNMENT
The meeting adjourned at 5:30 p.m.

__________________________
Shelley Chapel, MMC, City Clerk
The foregoing minutes were approved at the Regular Meeting of August 1, 2023.

__________________________
Ron Morrison, Mayor

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AGENDA REPORT

Department: City Clerk's Office
Prepared by: Shelley Chapel, City Clerk
Meeting Date: Tuesday, August 1, 2023
Approved by: Scott Huth, Acting City Manager

SUBJECT:

Approve an Agreement with Complete Paperless Solution (CPS) for an Enterprise Content Management Software - Laserfiche

RECOMMENDATION:

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

Background
The City Clerk is the custodian of records for the City, and oversees the City’s Records Management Program. In compliance with laws and regulations, the City Clerk develops the file plan and storage and retrieval system for storing paper and electronic records.

The City of National City purchased a records management software by the name of Questys in 2000. Records stored in this electronic environment include all of the City’s Minutes, Resolutions, and Ordinances as permanent documents. Other documen ts such as Recorded Documents, Contracts, and other historical records are being scanned when staff time allows. In addition to the City Clerk’s Office, other departments utilize Questys to store some records.

The Questys product quality has declined over the years with only minor upgrades and has fallen behind compared to other technology and Enterprise Content Management (ECM) Systems available. Laserfiche is a proven leader in the area of Electronic Document Management Systems (EDMS).

ECM is an Enterprise Content Management System which enables organizations to securely manage content and information throughout the lifecycle of a record.

EDMS is an Electronic Document Management System that manages the creation, use and storage of documents and records.

Laserfiche is a pioneer in the ECMS Technology as it was originally developed in 1987, and continues to transform organizations in more than 80 countries.

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Laserfiche can achieve both functions of Enterprise Content Management Software (ECM) through automation. It has the ability to recognize certain forms and documents to automatically populate data fields, eliminating the need for staff to enter information manually. This importation of metadata also automates the document search and retrieval process by capturing and classifying identifiable keywords, annotations, file names and records retention parameters. The system utilizes tools like Office 365 to allow collaboration among employees to share content while working on projects together.

The system will also provide audit logs for administrators of the system to ensure records are properly managed throughout their lifecycle.

Laserfiche integrates with many of the business processes used in the City and will assist staff in automating and sharing more records. In turn this will provide access to more records online through a public portal on the City website. Providing more City records online allows the public to conduct their own research on their time and reduces Public Records Requests by being more accessible and transparent.

In time , this system could replace currently used software in depart ments to enhance the organization of records by accessing them all in one location. One example of this is the integration of eSCRIBE, the software currently used to automate the City Council agenda process.

Once the City Council Meeting has taken place, the agenda packet will be saved into Laserfiche as an historical record with all contents searchable.

Analysis and Conclusion
Historically, the City of National City has launched limited technology regarding the storage of records, creating record rep ositories where public records can be stored, organized, and searched. The work processes in the City in the past were paper (hard copy) which decreases internal staff efficiency and effectiveness, and negatively impacts the ability to make information available to the public. Hard Copies must be stored either on-site in very limited space, or offsite in a storage facility at a cost and includes additional charges if staff has requests for storage and retrieval. An example of retrieval would be in response to a Public Records Request.

Complete Paperless Solutions (CPS) will be providing the City with a turnkey solution, including all software and related services for design, data migr ation, development, deployment, training, and support of the system.

Utilizing an ECM/EDMS system that is as robust as Laserfiche will actually reduce costs and use of resources. The savings on the annual Quesyts contract would be $16,112.02, and there would be additional savings as a result of a reduction in the amount of record storage boxes, copy paper, and toner purchased, and a lesser need for off-site storage.

The City Clerk has twenty years (20) experience with Laserfiche products, including deve loping the database and file architecture for the City of Poway’s Laserfiche system and public portal.

This experience will provide insight into best practices on developing the system to best fit the needs of City staff and the public portal for easy access and searchability.

The City Clerk’s Office is seeking to subscribe and implement a comprehensive cloud based electronic content and records management software, including all software and related services, as well as the conversion of the Questys database.

The current contract with Questys expired on June 30, 2023, however, the agreement is paid on an annual basis and can be terminated with thirty (30) days of notice.

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Staff recommends approval of the purchase of Laserfiche ECM/EDMS as a replacement for Questys including a professional services agreement with CPS for an initial period of three (3) years and authorizing the City Manager to extend the terms of the agreement in one -year increments for an additional three (3) years.

FINANCIAL STATEMENT:

All pricing is based off NCPA Contract #11-25 which is a competitively bid government contract.

NCPA (National Cooperative Purchasing Alliance ) is a leading national government purchasing cooperative working to reduce the cost of goods and services by leveraging the purchasing power of public agencies in all 50 states . The proposed system upgrade will have a one -time cost of $82,000. The annual license and support services cost will be $5,875, and the annual support services for three (3) years will not exceed $20,000. Funding for this project is in Account Number 629-403-082-299-0000.

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 – Agreement including Attachment A – Scope of Services Exhibit B – Laserfiche Proposal
Exhibit C - Resolution

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AGREEMENT

BY AND BETWEEN

THE CITY OF NATIONAL CITY
AND

COMPLETE PAPERLESS SOLUTIONS, LLC (CPS)

THIS AGREEMENT is entered into on this 1st day of August, 2023, by and between the CITY OF NATIONAL CITY, a municipal corporation (the “CITY”), and COMPLETE PAPERLESS SOLUTIONS, LLC (CPS), (the “CONSULTANT”).

R E C I T A L S
WHEREAS, the CITY desires to employ a CONSULTANT to provide professional services for records and archival records retention, and the set-up and design of Enterprise Content Management System.

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

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

1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT to provide the City with the services described in the Scope of Services attached hereto as Attachment “A” and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein.

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

2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on August 1, 2023. The duration of this Agreement is for the period of August 1, 2023 through August 1, 2026. Completion dates or time durations for specific portions of the project are set forth in Attachment “A.” This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year term. The Parties may exercise up to three one-year extensions. Any extension of this Agreement must be approved in writing by City Manager.

3. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit “A”.

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

The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Sc ope of Services to be performed by the CONSULTANT under

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Standard Agreement Page 2 of 12 City of National City and Revised February 2023 Complete Paperless Solutions (CPS) this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services.

4. PROJECT COORDINATION AND SUPERVISION . Shelley Chapel, City Clerk hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Jamie Dunn, Vice -President and Executive Coordinator thereby is designated as the Project Director for the CONSULTANT.

5. COMPENSATION AND PAYMENT . The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Attachment “A” shall not exceed Eighty-Two Thousand Dollars ($82,000.00) for the initial conversion from Questys to Laserfiche. The annual license and support services cost will be $5,875 and the a nnual support services for three (3) years will not exceed Twenty Thousand Dollars ($20,000). Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Attachment “A” as determined by the CITY.

All pricing is based off National Cooperative Purchasing All iance ( NCPA) Contract #11-25 which is a comptetitive bid government contract . NCPA is a leading national government purchasing cooperative working to reduce the cost of goods and services by leveraging the purchasing power of public agencies.

The CONSULTANT agrees to allow the City and other public agencies in the State of California to purchase additional items, at the same terms and conditions in this Agreement, during the period of time that this bid is in effect.

The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred , and shall make such materials available at its 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 the CITY , and for furnishing of copies to the CITY, if requested.

6. ACCEPTABILITY OF WORK . The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due.

In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/ or the compensation payable to the CONSULTANT.

7. DISPOSITION AND OWNERSHIP OF DOCUMENTS . The Memoranda, Reports, Maps, Drawings, Plans, Specifications , and other documents prepared by the CONSULTANT for this project, whether paper or electronic, shall : (1) be free from defects ; (2)

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Standard Agreement Page 3 of 12 City of National City and Revised February 2023 Complete Paperless Solutions (CPS) become the property of the CITY for use with respect to this project; and (3) shall be turned over to the CITY upon completion of the project, or any phase thereof, as contemplated by this Agreement.

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

The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium , or method utilize the CONSULTANT’S written work product for the CITY’S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works.

Any modification or reuse by the CITY of documents, drawings , or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of Services of this project, un less otherwise mutually agreed.

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

This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT’S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement, nor any interest herein, may be assigned by the CONSULTANT without the prior written consent of the CITY.

Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement.

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

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Standard Agreement Page 4 of 12 City of National City and Revised February 2023 Complete Paperless Solutions (CPS)

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

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

12. STANDARD OF CARE.

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

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

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

13. NON-DISCRIMINATION PROVI SIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical h andicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for

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Standard Agreement Page 5 of 12 City of National City and Revised February 2023 Complete Paperless Solutions (CPS) training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause.

14. CONFIDENTIAL INFORMATION . The CIT Y may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 1 4, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is alre ady in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.

The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.

CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 15.

15. INDEMNIFICATION AND HOLD HARMLESS . To the maximum extent provided by law, The CONSULTANT agrees to defend, indemnify and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys’ fees, and defense costs, of any kind or nature, including workers’ compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT’S performance or other o bligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers, employees or volunteers. CITY will cooperate reasonably in the defense of any action, and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney.

The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement.

16. EMPLOYEE PAYMENTS AND INDEMNIFICATION.

16.1 PERS Eligibility Indemnification . If CONSULTANT’s employee(s) providing services under this Agreement claims, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS of the CITY, CONSULTANT shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well

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Standard Agreement Page 6 of 12 City of National City and Revised February 2023 Complete Paperless Solutions (CPS) as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY.

CONSULTANT’S employees providing service under this Agreement shall not:
(1) qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid by CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would accrue to a CITY employee. CONSULTANT’s employees hereby waive any claims to benefits or compensation d escribed in this Section 16. This Section 1 6 applies to CONSULTANT notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary.

16.2 Limitation of CITY Liability . The payment made to CONSULTANT under this Agreement shall be the full and complete com pensation to which CONSULTANT and CONSULTANT’s officers, employees, agents, and subconsultants are entitled for performance of any work under this Agreement. Neither CONSULTANT nor CONSULTANT’s officers, employees, agents, and subconsultants are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of CONSULTANT. The CITY shall not be required to pay any workers’ compensation insurance on behalf of CONSULTANT.

16.3 Indemnification for Employee Payments . CONSULTANT agrees to defend and indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to PERS, social securi ty, salary or wages, overtime payment, or workers’ compensation payment which the CITY may be required to make on behalf of (1) CONSULTANT, (2) any employee of CONSULTANT, or (3) any employee of CONSULTANT construed to be an employee of the CITY, for work performed under this Agreement. This is a continuing obligation that survives the termination of this Agreement.

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

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

A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence.

B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000

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Standard Agreement Page 7 of 12 City of National City and Revised February 2023 Complete Paperless Solutions (CPS) combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles . The p olicy shall name the CITY and its officers, agents , employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided.

C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occu rrence and $4,000,000 aggregate , or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy , covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this “project” or “location”. The “project” or “location” should be noted with specificity on an endorsement that shall be incorporated into the policy.

D. Workers’ Compensation Insurance in an amount sufficient to meet statutory requirements cove ring all of CONSULTANT’S employ ees and employers’ liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement.

If CONSULTANT has no employees subject to the California Workers’ Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY.

E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY ’s Risk Manager, at the address listed in subsection G below, of cancellation or material change.

F. If required insurance coverage is provided on a “claims made” rather than “occurrence” form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (an d any extensions) of this Agree ment. In addition, the “retro” date must be on or before the date of this Agreement.

G. The Certificate Holder for all policies of insurance required by this Section shall be:

City of National City
c/o Risk Manager
1243 National City Boulevard
National City, CA 91950-4397

H. Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder’s alphabetic and financial size category rating of not less than A:VII according to the current Best’s Key Rating Guide, or a company of equal financial stability that is approved by the CITY’S Risk Manager. In the event coverage is provided by non- admitted “surplus lines” carriers , they must be included on the most recent List of Ap proved Surplus Line Insurers (“LASLI”) and otherwise meet rating requirements.

I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY’S Risk Manager. If the CONSULTANT does not keep all insur ance policies required by this Section 18 in full force and effect at all times during the term of this Agreement, the CITY

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Standard Agreement Page 8 of 12 City of National City and Revised February 2023 Complete Paperless Solutions (CPS) may treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein.

J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. CITY reserves the right to modify the insurance requirements of this Section 18, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

K. If the CONSULTANT maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher limits (or both) maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.

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

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

20. TERMINATION.

A. This Agreement may be terminated with or without cause by the CITY.

Termination without cause shall be effective only upon 60 -day’s written notice to the CONSULTANT. During said 60 -day period the CONSULTANT shall perform all service s in accordance with this Agreement.

B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY.

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

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

E. The CITY further reserves the right to immediately termin ate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a

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Standard Agreement Page 9 of 12 City of National City and Revised February 2023 Complete Paperless Solutions (CPS) reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT.

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

To CITY: Shelley Chapel, MMC
City Clerk
City Clerk’s Office
City of National City
1243 National City Boulevard
National City, CA 91950-4397

To CONSULTANT:

Jamie Dunn, Vice-President - Sales
Executive Coordinator of Project
Complete Paperless Solutions (CPS)
5031 E. La Palma Avenue, Suite 206
Anaheim, CA 92807
Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section.

22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City . The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National C ity Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official

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Standard Agreement Page 10 of 12 City of National City and Revised February 2023 Complete Paperless Solutions (CPS) position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY.

If checked, the CONSULTANT shall comply wi th all of the reporting requirements of the Political Reform Act and the National C ity Conflict of Interest Code.

Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk.

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

23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3, 1720.4, and 1771. CONSULTANT is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations.

24. ADMINISTRATIVE PROVISIONS.

A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday.

B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument.

C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof.

D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.

E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control.

F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto.

G. Assignment & Assumption of Rights. CONSULTANT shall not assign this Agreement, in whole or in part, to any other party without first obtaining the written consent of CITY.

H. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof.

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Standard Agreement Page 11 of 12 City of National City and Revised February 2023 Complete Paperless Solutions (CPS) I. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California.

J. Audit. If this Agreement exceeds ten-thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7.

K. Entire Agreement. This Agree ment supersedes any prior agree ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby.

L. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto.

M. Subcontractors or Subconsultants. The CITY is engaging the services of the CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY in writing. In the event any portion of the work under this Agreement is subcontracted, the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 18 and the indemnification and hold harmless provision of Section 15 of this Agreement.

N. Construction. The parties acknowledge and a gree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party’s counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of th is Agreement, or any portions hereof, or any amendments hereto.

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

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Standard Agreement Page 12 of 12 City of National City and Revised February 2023 Complete Paperless Solutions (CPS)

CITY OF NATIONAL CITY

By: ____________________________
Scott Huth, Acting City Manager

APPROVED AS TO FORM:

By: ____________________________
Barry J. Schultz,
City Attorney

COMPLETE PAPERLESS SOLUTIONS
(Corporation – signatures of two corporate officers required) (Partnership or Sole proprietorship – one signature)

By: ______________________________
(Name)

______________________________
(Print)

______________________________
(Title)

By: ______________________________
(Name)

______________________________
(Print)

______________________________
(Title)

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ATTACHMENT A
Scope of Services

Scope of Work
Scope Description
The scope of this project consists of the set-up and design of Laserfiche Avante Full SQL Server including workflow on premises. The set-up will include 15 named full users including thin client, Email, Snapshot and Form Essentials , Starter Public Portal with 10 concurrent retrieval views, Laserfiche Connector, Project Management, Installation and Setup, Taxonomy and Design, Training: Admin Level I, End User Training, Quest ys Data Conversion. Set up services includes configuration of the Laserfiche software, consultation and configuration of the repository structure and design based on the Customer’s retention policies, and the conversion of the existing Questys database. Multiple end user training classes will be included as well as separate trainings for Admin, Workflows and Forms, as well as Quick Fields.

Scope Definition
The following scope of the project includes:

Project Management – 4 Days
Initial Project Planning
 Review of project requirements, project plan creation, timeline development, and resource allocation

Project Management
 Professional project management services from Complete Paperless Solutions  Project plan development
 Kick off meeting
 Project status meetings
 Project status updates

 Documentation
 Solution documentation
 Training documentation

Training – 8 Days
 Laserfiche server, client, import and scanning, and business process components  Import and Capture Training
 Laserfiche Scanning
 Import Agent
 Search and Retrieval Training
 Laserfiche thin and thick Client
 Laserfiche Administrator Training
 Security
 User configuration
 Volume configuration
 IT
 Laserfiche Workflow and Forms Training
 Workflow Designer

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ATTACHMENT A
 Forms Designer
 Laserfiche Quick Fields Training
 Creation and design of Quick Fields sessions
Installation, Repository Design and Configuration – 3 Days  Retention Policies
 Folder Structure
 Naming Convention (Taxonomy)
 Template and Field Design
 User License Allocation and Security
Storage Volumes
 Public Portal Design

Conversion – Questys
 Data
 No retention
 No annotations

Project Contingency
Additional project time to account for unforeseen tasks or time necessary to complete in scope requirements. No specific forms or workflows have been included in this Scope of Work and would need to be purchased separately.

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BY COMPLETE PAPERLES SOLUTIONS - ANAHEIM, CALIFORNIA

LASERFICHE AVANTE ON-PREMISE PROPOSAL

City of National City

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- 1 - City of National City

5031 E. La Palma Avenue, Suite 206
Anaheim, CA 92807
tel: 866-661-2425 fax: 714-716-8215
www.cps247.com
Letter of Transmittal

March 29th 2023

City of National City
1243 National City Blvd
National City, CA 91950

Dear Shelley,

We are pleased to submit the attached proposal for the Laserfiche Avante On-Premise Solution with 15 Named Users with Starter Public Portal. Complete Paperless Solutions, LLC (CPS), located in Anaheim, is a Platinum Certified Solution Provider (SP) of the award-winning Laserfiche™ Enterprise Content Management solution as well as a respected systems integrator and consultancy.

CPS helps Local Agencies like the City of National City to meet the challenge of providing a greater transparency by making information publicly accessible and streamlining public records request with DoD 5015.2 -certified records management and Trusted Systems while simultaneously working in a high-demand, electronic records-intensive environment.

Our support and professional services team has over eighty years combined experience with the proposed services and solution and is currently maintaining over one hundred and thirty similar systems in the United States.

We would be pleased to discuss any aspect of this proposal and to provide additional information related to our proposed solution or ability to deliver.

We look forward to your positive review of this proposal and to answering any questions that may arise.

Sincerely,
Jamie Dunn
Vice President of Sales

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- 2 - City of National City

Table of Contents

Letter of Transmittal ................................ ................................ ................................ ................................ .. 1

1. Company Profile ................................ ................................ ................................ ................................ . 3 a. Organization Chart ................................................................................................................................................................ 4 b. Project Team............................................................................................................................................................................ 4

2. Support and Maintenance ................................ ................................ ................................ ................. 10 a. Support Contact Information .............................................................................................................................................. 10 b. Basic Support Level ................................................................................................................................................................ 10 c. Priority Support Level ........................................................................................................................................................... 10 d. CPS VIP Support Level ........................................................................................................................................................... 11

3. Questys to Laserfiche Conversion ................................ ................................ ................................ ...... 11 a. Document Conversion ........................................................................................................................................................... 11 b. Audit Report .............................................................................................................................................................................. 11

4. Pricing Proposal …………………………………………………………………………………………………………………………………12 a. Laserfiche Avante ..................................................................................................................................... 12 b. Professional Services ................................................................................................................................ 13 c. Laserfiche support services ....................................................................................................................... 13 d. Optional Pricing for Support ..................................................................................................................... 13 e. Turnkey Solution ....................................................................................................................................... 13

5. Payment Terms ................................ ................................ ................................ ................................ 14

6. Acceptance ................................ ................................ ................................ ................................ ....... 14

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- 3 - City of National City

1. Company Profile

Complete Paperless Solutions (CPS) is headquartered in Anaheim with offices in Paso Robles and Vista. CPS has been in business since 1996 and is an employee owned company and employs ten (10) staff members.

CPS is currently assisting and supporting over one hundred and fifty clients on a nationally with the majority in California and the minority in Florida, Louisiana, Massachusetts, New York, Pennsylvania, Texas and Wisconsin.

CPS has the highest ratio of support engineers per customer in California compared to all other Laserfiche resellers. CPS is also a proud sponsor of MISAC, CCUG, CLEARS, CLETS and CCAC.

With over 100 years of combined experience in content management know-how, CPS is an award-winning, premier reseller of Enterprise Content Management Products (ECM). In fact, over the years we’ve become California’s “go-to” ECM vendor of choice. CPS’s portfolio of skills includes: full in-house support, business and systems analysis and development and customization resources. Our ability to integrate with existing applications and make content management “work how YOU work” is unparalleled. Additionally, both private and public-sector clients recognize that CPS is “THE” systems integrator when it comes to meeting both governance and compliance statutes. Whether implementing a paperless-invoicing process or enhancing client/case management, CPS has created and implemented systems for law enforcement, clerks’ offices, county and local governments, courts, schools, legal services, property management, billing services, manufacturing and many, many more.

A representative sampling of some of our customers would include the Cities of Bakersfield, Big Bear, Chowchilla, Coachella, Claremont, Ceres, Cerritos, Commerce, Covina, El Centro, El Monte, El Segundo, Encinitas, Fontana, Fountain Valley, Gilroy, Grand Terrace, Huntington Beach, La Habra Heights, Irwindale, La Quinta, Lodi, Menifee, Montclair, Montebello, Murrieta, Pismo Beach, Porterville, Rancho Mirage, Redondo Beach, Rosemead, San Bernardino, San Jacinto, San Rafael, Santa Clarita, Seal Beach, Taft, Torrance, West Covina, Westminster and Yucaipa just to name a few.

The first Laserfiche installation by CPS was in 1997 for the San Luis Obispo Sheriff Department who is still using Laserfiche and has been with CPS for 21 years. Our customer centric business model promotes long term relationships stemming from excellent service, fair pricing and good old-fashioned knowhow.

Our largest implementation is Spindletop of Beaumont Texas and part of the East Texas Behavioral Health Network (ETBHN). Spindletop has a Laserfiche RIO solution that includes 227 named users, 1,546 read only users and a Public Portal for unlimited users.

We would also like to mention that 70% of our customer base was implemented by CPS while the other 30% was inherited from other Laserfiche Certified Resellers who did not meet the customers’ expectations

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- 4 - City of National City

a. Organization Chart

b. Project Team

The Anaheim office staff and software engineers will provide service and support for the City of National City and will assist you in the support, design, implementation, and training of the Laserfiche application. We currently have six (6) software engineers and three (3) application developers.

Communication between the City of National City and CPS will be the essence of a successful implementation.

Therefore, Jamie Dunn will be the executive coordinator and main contact. Prior to joining CPS, Jamie was an Account Manager of a different Laserfiche Value Added Reseller (VAR).

CPS’ Professional Services team lead by Joseph Mempin will assist the City of National City in the implementation of the Laserfiche Avante or Cloud. Resumes to follow… Tom Ziencina
Chief Executive Officer
Arsene Hanssens
C.T.O – Programmer –
Laserfiche Support
Engineer
Greg Heim
V.P. – Sales –
Laserfiche Support
Engineer
Joe Mempin
V.P. Professional
Services Group –
Programmer –
Laserfiche Support
Engineer
Roland Acton
Programmer
Claude Schott
Chief Financial Officer
Danene Schott
Office Manager
Nina Escolada
Laserfiche Support
Engineer
Joseph Uyan
Laserfiche Support
Engineer
Terrence Srey
Laserfiche Support
Engineer
Jamie Dunn
V.P. – Sales –

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- 5 - City of National City

Joe will coordinate with Arsene Hanssens the conversion of SharePoint and files on the server.

SUMMARY
Manages a professional services team which executes the technical responsibilities of the company. Responsibilities include project management, project deployment, obtaining requirements for new software development, training, and technical support. Also responsible for customer consultation for product growth and custom application development. Current focus for company is to manage projects for software deployment and implementation.

SKILLS
Programming Languages
• Microsoft .NET Development Platform
• JavaScript
• Visual Basic
• VBScript

Environments and Systems
• SQL Server
• Microsoft Windows
• Unix
APIs and SDKs
• Visionshape SDK
• Laserfiche SDK

Applications
• Microsoft Office Suite
• Microsoft Project
• Mind Map
• Microsoft Visio
• Asana

EXPERIENCE
Complete Paperless Solutions (formerly Datanet Solutions) / Project Manager 04/2005 – Present • Responsible for successfully managing the deployment of over 30 Laserfiche installations for Municipalities (10), Law Enforcement Agencies (3), Non-Profits (5), Utility Agencies (7), Education (2), Unions (2), and Private Companies (7). Five of the deployments follow California Trusted Systems • Responsible for successfully executing 10 conversions for SIRE (3), SharePoint (1), Questys (2), On Base (1) and Windows File Systems (3).
• Responsible for successfully deploying Records Management Edition for Laserfiche for Municipalities and Utilities Agencies.
• Participated in the design and deployment of numerous integrations for Laserfiche with SharePoint, Accela, OpenGov, Payroll Systems, Siebel, Anoto, Check21 systems, Content Management Systems, and customers’ In-House applications.
• Responsible for technical support for all escalated Complete Paperless Solutions products. • Authored Knowledgebase articles, procedural instructions for customers, technical tips for CPS newsletters, and creation of internal procedures for technical support and product deployment. • Participates in consultation with existing customers about their current processes and how to improve them.

EDUCATION
• Bachelor of Science in Computer Information Systems from DeVry University (Summa Cum Laude). • Laserfiche Platinum, Administration, Business Process Design, and Records Management certified.

Joe Mempin
[email protected] | 714-335-8877 JM

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- 6 - City of National City

SUMMARY
Currently manages a development team which creates applications for system conversions and systems integration.

Also developed and manages customer custom applications for image management, timecard management software, data transformation software, and property management software.

SKILLS
Programming Languages
• Microsoft .NET Development Platform
• C
• C++
• VBScript
• JavaScript

Environments
• Microsoft Windows
• MS-DOS
• Unix
• Linux
APIs and SDKs
• Pdflib SDKs
• Anoto Digital Pen SDK
• Vision Objects ICR SDK
• Fulcrum OCR SDKs
• ABBY FineReader SDKs
• Laserfiche SDK

Applications
• Microsoft Word, Excel, and Access
• Adobe Acrobat

EXPERIENCE
Complete Paperless Solutions / Software Engineer 05/2010 - Present Managed all development projects. Multiple conversions from older document management system such as SIRE, Liberty, Questys, SharePoint, and File Systems were converted to the Laserfiche electronic document management system. Most custom projects utilized the Laserfiche SDK to solve the customer's particular document management issues.

Datanet Solutions / Software Engineer 02/2006 – 05/2010 Directed ongoing document management software solutions with Laserfiche as the main EDMS system. Led the creation of development infrastructure that emphasized add-ons and new features to existing products without compromising backward compatibility. Supervising full execution of numerous document management repository- based customized projects.

EDUCATION
Master of Science in Solid State Physics from University of Gent (Belgium) Arsene Hanssens
[email protected] | 714-292-4759 AH
H

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- 7 - City of National City

To follow Terrence Srey and Joseph Uyan will assist Joe and Arsene with the implementation and set up of the system and training.

SUMMARY
23 years of experience writing applications and toolkits in the document imaging industry in C++ and C#. 14 years of experience writing client/server applications in C#.

SKILLS
Programming Languages
• Microsoft .NET C#
• ASP.NET, ASP.NET MVC, ASP.NET Core
• C++
• JavaScript
• Java

SDKs
• Pdflib SDKs
• Anoto Digital Pen SDK
• Vision Objects ICR SDK
• Laserfiche SDK
Environments
• Microsoft Windows
• Unix
• Linux
• SQL Server
• Android
• Firebird
• Silverlight

EXPERIENCE
Complete Paperless Solutions / Software Engineer 04/2010 - Present Responsible for developing and maintaining computer programs related to document imaging and document management systems, primarily client/server products. Wrote and maintained a large portion of the code in many enterprise-level systems. Most of those systems were either a front end to Laserfiche or Laserfiche was the back end of the developed system.

Datanet Solutions / Software Engineer 08/2006 – 03/2010 Responsible for developing and maintaining computer programs related to document imaging and financial applications, primarily client/server products. Wrote and maintained a large portion of the code in Checkmation (a remote check21 processing and deposit system) and Accent (a timesheet management system).

EDUCATION
• Bachelors degree in Computer Science from California State Fullerton Roland Acton
[email protected]
RA

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- 8 - City of National City

SUMMARY
Over 15 years of experience integrating enterprise content management systems and developing business processes for multiple industries with varying compliance and regulatory demands while also maintaining strong client relations. Began career as a scanner operator while maintaining scanner hardware and capture software environments. Developed keen knowledge of all aspects of the Laserfiche Suite of products. Cultivated 12+ years of experience working with both public and private sector clientele to develop streamlined business systems and best practices.

SKILLS
• Laserfiche System Architecture
• Laserfiche Workflow/Process Automation
• Laserfiche Forms/Business Process Module
• Laserfiche Capture Modules
• Fujitsu Scanner Product Line
• Canon Scanner Product Line

EXPERIENCE
Complete Paperless Solutions / Professional Service Group 02/2004 - Present • Scanning bureau manager that coordinated multiple active scan jobs to ensure punctual delivery. Lead a team of scanning operators. Maintained both hardware and scanning software environments. • Tested and bug-tracked scanning software that was internally developed. • Provided onsite and over the phone technical support for Laserfiche products. • Authored and maintained support case documentation for future reference • Analyze client’s business processes to develop streamlined digital approaches to current manual processes while also addressing known and predetermined pitfalls in the process. • Construct Laserfiche Workflow business processes and create documentation for system administration and end users.
• Provide live, interactive training for administrative and end users while also serving as the primary representative for product support.

EDUCATION
Devry University / Associate of Science in Electronics and Computer Technology Laserfiche / Forms Design and Usage Certification
08/2001 – 02/2003
Current

Terrence Srey
[email protected] | 714-336-6803
TS

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- 9 - City of National City

SUMMARY
Member of the CPS Professional Services team with over 18 years of experience in the implementation, configuration, support and troubleshooting of the Laserfiche software.

SKILLS
• Strong analytical and problem-solving skills
• Strong written and verbal communication skills
• General IT knowledge of Windows server/client
operating systems
• Knowledge of Web and SQL servers (IIS, MSSQL)
• Familiarity with AWS
• Understanding of records management concepts
and best practices

EXPERIENCE
Complete Paperless Solutions / Professional Services Group 08/2005 - Present • Primary responsibility in the immediate response and resolution of client needs • Sharing in the duties of technical support and professional services • Project management in the analysis, planning and implementation of turnkey solutions • Performing remote and onsite installations, system inspections and end-user training • Providing consultation in the configuration, system design, best practices, and usage of the Laserfiche software
• Providing post-implementation support, troubleshooting and maintenance • Assisting in areas of pre-sales and sales demonstrations • Performing software testing and bug verification for the CPS software • Working with developers to troubleshoot, recreate and resolve complex issues • Participated in the development of end-user education and documentation

EDUCATION
California State University Long Beach 05/1996
• School of Business Administration, B.S. in Financial Management

Joseph Uyan
[email protected] | 714-336-7258
JU

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- 10 - City of National City

2. Support and Maintenance

Laserfiche Software Assurance Plan (LSAP)
The proposed solution includes the Laserfiche Software Assurance Plan (LSAP) for one year with options for annual renewal. Customers with current LSAP are provided unlimited telephone technical support and software updates. Technical support (under the LSAP agreement) includes unlimited email, telephone and remote access to address problems related to system configuration or performance. While guaranteed response times are dictated by the terms of the support agreement, most support calls are taken live and resolved within a single call.

All support calls are logged in a case management system and assigned priority and severity levels that will be escalated (if necessary) to the development team and what lengths are necessary to address them such as providing hotfixes or point releases of the software. All customers with current LSAP are granted access to the Laserfiche Support Site where an abundance of knowledgebase documents can be used to support your internal IT team and Laserfiche users.

Note: Ninety-five (95) percent of support issues taken by our team have “First Call” resolution and are usually resolved within one hour.

a. Support Contact Information

• Support services are provided directly by CPS
• Our toll-free support number: 866-661-2425
• Non-emergency support calls can be directed to ([email protected]) or via our website (http://www.cps247.com/Support/SubmitTicket.aspx)

b. Basic Support Level

• Monday to Friday during normal business hours from 8:00AM to 5:00PM PST • Next business day guaranteed response time

c. Priority Support Level

• Monday to Friday during normal business hours from 7:00AM to 6:00PM PST. • 2 hours guaranteed response time
• Free remote upgrades
• Dedicated engineer

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- 11 - City of National City

d. CPS VIP Support Level

To create the least amount of burden on the IT staff, and to optimize the benefits of your Laserfiche software we recommend our VIP support package. Our VIP program offers the followings:

• Monday to Friday during normal business hours from 7:00AM to 6:00PM PST. • 2 hours guaranteed response time
• Free onsite upgrades
• A dedicated support engineer will serve as the primary contact for Laserfiche support through a direct telephone line.
• Unlimited onsite training
• Next day onsite support guaranteed if remote issue non-resolved • Unlimited onsite support
• Preventive Maintenance: 2 on-site visits per year to ensure optimum system functionality • Preferred pricing on specific integration and development projects • Free enrollment to the Laserfiche Conference (unlimited access) • No travel cost

3. Questys to Laserfiche Conversion

a. Document Conversion
The content which will be converted into Laserfiche documents reside in a Questys Document Management System. The Questys contents will utilize the combination of Questys data and Questys file system storage content to import into Laserfiche.
b. Audit Report
After the document conversion, CPS will be responsible for submitting a report to the Stakeholders which summarizes the records/documents which did not make it into Laserfiche or are in Laserfiche but require attention along with a document count of those which were successfully imported. The Audit Report will also have instructions as to next steps taken with the errored documents.

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- 12 - City of National City

4. Pricing Proposal
All pricing is based off NCPA Contract #11-25 which is a competitively bid government contract NCPA (National Cooperative Purchasing Alliance) is a leading national government purchasing cooperative working to reduce the cost of goods and services by leveraging the purchasing power of public agencies in all 50 states. NCPA utilizes state of the art procurement resources and solutions that result in cooperative purchasing contracts that ensure all public agencies are receiving products and services of the highest quality at the lowest prices. a. Laserfiche Avante

Description Quantity Public Price
Laserfiche Avante Full SQL Server, incl. Workflow 1 $5,000.00 Laserfiche Named users, incl. thin client, Email, Snapshot and Form Essentials
15 $9,000.00
Laserfiche Starter Public Portal (10 Concurrent Retrieval Views)
1 $15,000.00
Laserfiche Connector 15 $375.00

Sub-Total

$29,375.00

Total Software

$29,375.00

b. Laserfiche Avante Optional Products with Basic Support

Description Quantity Public Price
Laserfiche Forms Professional 15 $750.00
Laserfiche Forms Professional Basic LSAP 15 $150.00
Laserfiche Forms Portal 1 $7,995.00
Laserfiche Forms Portal Basic LSAP 1 $1,600.00
Laserfiche Quick Fields Zone OCR and Validation 1 $2,795.00 Laserfiche Quick Fields Zone OCR and Validation
Basic LSAP
1 $560.00
Laserfiche Quick Fields Real Time Look Up and Validation 1 $595.00 Laserfiche Quick Fields Real Time Look Up and Validation Basic LSAP
1 $120.00
Laserfiche Quick Fields Barcode and Validation 1 $1,695.00 Laserfiche Quick Fields Barcode and Validation
Basic LSAP
1 $340.00
Laserfiche Standard Public Portal (25 Concurrent
Retrieval Views)
1 $25,000.00
Laserfiche Standard Public Portal (25 Concurrent
Retrieval Views) Basic LSAP
1 $5,000.00

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- 13 - City of National City

c. Professional Services

Description Quantity Public Price
Project Management 2 $3,600.00
Installation and setup 1 $1,600.00
Taxonomy and Design 1 $1,600.00
Training: Admin Level I 1 $1,600.00
End User Training (multiple classes) 1 $1,600.00
Questys Data Conversion 1 $25,000.00

Total Professional Services

$35,000.00
No Workflow or Form Design included.
d. Laserfiche support services

Description Quantity Public Price
Laserfiche Avante Server 1 $1,000.00
Laserfiche Named users 15 $1,800.00
Laserfiche Portal 1 $3,000.00
Laserfiche Connector 15 $75.00

Total Support

$5,875.00

e. Optional Pricing for Support

Basic Priority VIP
Included $8,812.50 $11,750.00
f. Turnkey Solution

Description Quantity Public Price
Software 1 $29,375.00
Professional Services 1 $35,000.00
Laserfiche Support – 1st year 1 $5,875.00

Total Turnkey Solution Basic Support

$70,250.00
Total Turnkey Solution Priority Support

$79,062.50
Total Turnkey Solution VIP Support $82,000.00

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- 14 - City of National City

5. Payment Terms

Description %
Order 50
Project completion 50

6. Acceptance

Client: City of National City Provider: Complete Paperless Solutions

Print Name:

Date:

Signature:

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RESOLUTION NO. 2023 -

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

CALIFORNIA, APPROVING AN AGREEMENT WITH COMPLETE PAPERLESS

SOLUTIONS TO PURCHASE AN ENTERPRISE CONTENT MANAGEMENT SYSTEM,

AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT

WHEREAS, the Questys product quality has declined over the years with only minor upgrades and has fallen behind compared to other technology and Enterprise Content Management (ECM) Systems available; and

WHEREAS, Laserfiche is recognized as a pioneer in the ECM Technology since 1987 and continues to transform organizations in more than 80 countries; and

WHEREAS, Laserfiche integrates with many of the business processes used in the City and will assist staff in automating and sharing more reco rds. In turn, this will provide access to more records online through a public portal on the City website. Providing more City records online allows the public to conduct their own research on their time and reduces Public Records Requests by being more accessible and transparent; and

WHEREAS, utilizing an ECM/EDMS system that is as robust as Laserfiche will actually reduce costs and use of resources. The savings on the annual Questys contract would be $16,112.02, and there would be additional savings as a result of a reduction in the amount of record storage boxes, copy paper, and toner purchased, and a lesser need for off -site storage; and

WHEREAS, Complete Paperless Solutions (CPS) will provide the City with a turnkey solution, including all software and related services for design, data migration, development, deployment, training, and support of the system; and

WHEREAS, the proposed system upgrade will have a one -time cost of $82,000, and an annual license and support cost of $5,875; and

WHEREAS, staff recommends that the City Council authorize the City Manager to execute a professional services agreement with CPS, as a replacement for Questys, to provide for the term from August 1, 2023 to August 1, 2026 with the option to extend the term s of the agreement in one-year increments for an additional three (3) years.

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 auth orizes the City Manager to execute a professional services agreement with CPS that will provide the City with a turnkey solution, including all software and related services for design, data migration, development, deployment, training, and support of the system.

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

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PASSED and ADOPTED this 1st day of August, 2023.

Ron Morrison, Mayor
ATTEST:

Shelley Chapel, MMC, City Clerk

APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

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AGENDA REPORT

Department: Engineering and Public Works Department
Prepared by: Luca Zappiello, Assistant Engineer Civil Meeting Date: Tuesday, August 1, 2023
Approved by: Scott Huth, Acting City Manager

SUBJECT:

Authorizing the Mayor to Execute Three Program Supplement Agreements for the 24th Street Trolley Pedestrian Bridge Feasibility Study, 24th Street First and Last Mile Connections to Trolley Station Projects, and Bayshore Bikeway Segment 5.

RECOMMENDATION:

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

In November 2021, the Infrastructure Investment and Jobs Act (IIJA), also known as the Bipartisan Infrastructure Law (BIL), was passed into law. With the passage of IIJA, the Community Project Funding / Congressionally Directed Spending (CPFCDS) program was created to support specific community projects as part of the annual appropriations process, which was signed into law as the Consolidated Appropriations Act of 2022.

All CPFCDS projects are solicited and selected by the members of the U.S. Congress and U.S.

Senate. The CPFCDS program is funded from the 2022 Federal Fiscal Year (FFY) through the 2026 FFY. As a reminder, the FFY begins October 1st and ends on September 30th of the following year. The CPFCDS program is funded through the Highway Infrastructure Program (HIP).

In 2021, the City requested funding consideration for several Community Projects identified in the letter that are part of the Health and Opportunity through Partnerships for Equity (HOPE) Improvement projects. The proposed projects include bicycle and pedestrian safety enhancements, alternative mobility options, first/last mile improvements to transit hubs, and enhanced connections to Naval Base San Diego. The projects will promote clean mobility alternatives as a viable travel choice, reducing greenhouse gas emissions and promoting a healthier, more active lifestyle.

On March 9, 2022, Congress member Vargas voted to secure $11.7 million for nine local community projects in the appr opriations government-funding package for California’s 51 st

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Congressional District. Three of the nine local community projects selected by Congressmember Vargas to receive funding are located in National City as follows:

1. 24th Street Trolley Pedestrian Bridge Feasibility Study. The $294,700 requested will fund a feasibility study that will evaluate the potential for constructing a pedestrian bridge over Interstate 5, in the vicinity of the 24th Street Transit Center. This project requires a funding match of $33,803 the source of which is from General Fund.

2. 24th Street First and Last Mile Connections to Trolley Station. The $3,332,781 requested in funding will design and construct more than two miles of separated bike lanes (Class IV), 2 curb extensions, traf fic signal modifications with bike signals, continental crosswalks, and curb ramps along 22nd Street between Wilson Ave. and D Ave., and along Hoover Ave. between W. 22nd St and W. 33rd St. This project requires a funding match of $381,123.90 the source of which is from Active Transportation Program (ATP) Cycle 6 funds. The $429,781 identified in the PSA is for the design phase of the project.

3. Bayshore Bikeway – Segment 5 project. The $300,000 in funding will be allocated towards the final design phase of this segment. The project will provide nearly 1.5 miles of protected bicycle facilities along McKinley Avenue and Marina Way in the City of National City. Segment 5 will complete the last leg of the Bayshore Bikeway within National City and enhance bicycling connections to transit and other key destinations such as National City’s Harbor District, Naval Base San Diego, Kimball Elementary School, and several parks. Additionally, the project will provide a connection to the Sweetwater River Trail, another regional bikeway. This project requires a funding match of $34,410 the source of which is from the ATP Cycle 4 funds.

On March 7, 2023 City Council accepted the funds and directed staff to create a corresponding revenue and expenditure budget for the three projects.

On June 8, 2023 Caltrans provided the PSAs to City staff in order for these to be authorized and returned to Caltrans with the certified resolution. Although these are Federal funds, Caltrans is the designated State agency that administers the disbursement and oversight given that these projects are all transportation focused. The PSA confirms the project wor k phase funds authorized, their subsequent disbursement, and special covenants the City accepts. Therefore, staff recommends that the Mayor execute the three PSAs with Caltrans for the following projects:

1. $ 294,700 for the 24th Street Trolley Pedestrian Bridge Feasibility Study

2. $ 429,781 for the 24th Street First and Last Mile Connections to Trolley Station

3. $ 300,000 for the Bayshore Bikeway Segment 5 project.

FINANCIAL STATEMENT:

No new financial impact from this requested action. The funds have been a ccepted and corresponding revenue and expense accounts were established per prior Council resolution, as adopted on March 7, 2023.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Transportation Choices and Infrastructure

ENVIRONMENTAL REVIEW:

Page 81 of 253 ends

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

PUBLIC NOTIFICATION:

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

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A – Federal Allocation Table (excerpt)
Exhibit B - PSAs
Exhibit C - Resolution

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Consolidated Appropriations Act, 2022
(Public Law 117-103) Division L, Title I, Highway Infrastructure Programs State Demo ID Project Description in Explanatory Statement Accompanying Pub. L. No. 117-103
Designated Amounts
in Explanatory
Statement
Accompanying
Pub. L. No. 117-103
Amount available under P.L.
117-103
Allocation of Y928 Funds
This Memorandum
Obligation Authority
This Memorandum
(DELPHI Code
1550574B50.2022.050Y928500)
Project State Total Project State Total Project State Total CA CA891 Golden Avenue Bridge Replacement Project 2,200,000 2,200,000 2,200,000 2,200,000 CA
CA892 City of Carlsbad's Carlsbad Barrio Street Lighting and Traffic Circles Project 5,000,000 5,000,000 5,000,000 5,000,000
CA CA893 Doheny Village Connectivity Improvements 1,870,000 1,870,000 1,870,000 1,870,000 CA CA894 Sacramento Vision Zero School Safety Project 2,200,000 2,200,000 2,200,000 2,200,000 CA CA895 Southport Levee Recreation Trail 1,800,000 1,800,000 1,800,000 1,800,000 CA CA896 La Verne Gold Line Station Pedestrian Bridge 4,000,000 4,000,000 4,000,000 4,000,000 CA CA897 City of Bishop Streets and Sidewalk Improvements 1,000,000 1,000,000 1,000,000 1,000,000 CA CA898 City of Highland Victoria Avenue Improvements 2,000,000 2,000,000 2,000,000 2,000,000 CA CA899 City of Needles First Year Paving Replacement Phase 3 757,803 757,803 757,803 757,803 CA CA900 City of Hesperia Maple Avenue Street Improvements 2,000,000 2,000,000 2,000,000 2,000,000 CA CA901 City of Watsonville, Lee Road Trail Project Phase 1 1,000,000 1,000,000 1,000,000 1,000,000 CA
CA902 Crow Canyon Road Iron Horse Trail Bicycle-Pedestrian Overcrossing 2,000,000 2,000,000 2,000,000 2,000,000
CA CA903 Safe Routes to Schools Mini-grant Program, Alameda 1,700,000 1,700,000 1,700,000 1,700,000 CA CA904 Kelseyville Sidewalk Project 450,000 450,000 450,000 450,000 CA
CA905 Avenue 95/96 Farm to Market Corridor Repairs, Terra Bella to Pixley, Tulare County, CA 3,000,000 3,000,000 3,000,000 3,000,000 CA CA906 Mt. Whitney Avenue Complete Streets 3,000,000 3,000,000 3,000,000 3,000,000 CA CA907 Bayshore Bikeway, Barrio Logan Segment 2,150,000 2,150,000 2,150,000 2,150,000 CA CA908 Bayshore Bikeway Segment 5 300,000 300,000 300,000 300,000 CA
CA909 24th Street First and Last Mile Connections to Trolley Station, National City 3,332,781 3,332,781 3,332,781 3,332,781
CA CA910 24th Street Trolley Pedestrian Bridge Feasibility Study, National City 294,700 294,700 294,700 294,700 CA CA911 De La Cruz Blvd, Lick Mill Blvd, and Scott Blvd Bicycle Projects 2,725,000 2,725,000 2,725,000 2,725,000 CA CA912 South Milpitas Boulevard Extension Bridge 3,000,000 3,000,000 3,000,000 3,000,000 CA
CA913 Pedestrian and Safe Routes to School Improvements in SNAIL and Braly Corners Neighborhoods 880,000 880,000 880,000 880,000 CA CA914 Highways to Boulevards Regional Study 480,000 480,000 480,000 480,000 CA CA915 7th Street Connection Project 2,000,000 2,000,000 2,000,000 2,000,000 California 91,829,182 91,829,182 91,829,182
CO CO130 SH 93 Widening and Relocation Design, City of Golden 2,320,000 2,320,000 2,320,000 2,320,000 CO CO131 Commerce City Quiet Zones 615,000 615,000 615,000 615,000 CO CO132 Glenwood Springs South Bridge Project 1,000,000 1,000,000 1,000,000 1,000,000 Colorado 3,935,000 3,935,000 3,935,000
CT CT189 East Industrial Road Reconstruction (Branford) 2,250,000 2,250,000 2,250,000 2,250,000 CT CT190 Town of Southbury Pedestrian Safety Improvements 444,946 444,946 444,946 444,946 CT CT191
West Avon Road, Country Club Road, Scoville Road Sidewalk Replacement in the Town of Avon 424,000 424,000 424,000 424,000 CT CT192 Norwalk Safe Sidewalks, Crossings, and Trails Project 1,400,000 1,400,000 1,400,000 1,400,000 CT CT193
City of Stamford Safe Routes to Schools and Access to Public Transit Facilities 2,000,000 2,000,000 2,000,000 2,000,000
CT CT194 Reconstruction of Route 34, Project 36-184 5,000,000 5,000,000 5,000,000 5,000,000 Connecticut 11,518,946 11,518,946 11,518,946
DE DE039 Munchy Branch Road Multi-Use Trail 1,120,000 1,120,000 1,120,000 1,120,000 Delaware 1,120,000 1,120,000 1,120,000

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F026
FOR FEDERAL-AID PROJECTS NO 11-5066F15
1123000139
June 08, 2023
11-SD-0-NATC
CPFCDSL-5066(053)
5066
This Program Supplement hereby adopts and incorporates the Administering Agency-State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 07/11/2016 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 obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages.

Along 22nd St between Wilson Ave and D Ave, and along Hoover Ave betwen W 22nd St and W 33rd St
Construct 2 miles of Class IV bike lanes, 2 curb extensions, traffic signal modifications.

0.0(MILES)
Federal Funds
Estimated Cost Matching Funds
Y928 $429,781.00

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
$429,781.00 $0.00 $0.00
Chief, Office of Project Implementation

STATE OF CALIFORNIA
Department of Transportation
$429,781.00
1 Page of 7Program Supplement 11-5066F15-F026- ISTEA
6/8/2023

Page 84 of 253 ends

SPECIAL COVENANTS OR REMARKS
11-SD-0-NATC
CPFCDSL-5066(053)

1. A. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual.

B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s).

C. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available by future Federal obligations will be encumbered on this PROJECT by use of a STATE-approved "Authorization to Proceed" and Finance Letter. ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration.

D. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of 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 invoices for the construction phase.

Attention is directed to Section 15.7 "Award Package" of the Local Assistance Procedures Manual.

E. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumbrances for State funded projects, as well as to suspend invoice payments for any on-going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period.

If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount.

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 Local Assistance Procedures Manual.
2Page of 7Program Supplement 11-5066F15-F026- ISTEA

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SPECIAL COVENANTS OR REMARKS
11-SD-0-NATC
CPFCDSL-5066(053)
F. Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal-assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal-assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).

G. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance.

ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date.

H. As a condition for receiving federal-aid highway funds for the PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Exclusion List. Exclusions can be found at www.sam.gov. 3Page of 7Program Supplement 11-5066F15-F026- ISTEA

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SPECIAL COVENANTS OR REMARKS
11-SD-0-NATC
CPFCDSL-5066(053)

2. A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal-aid program, all Title 23 Code of Federal Regulation (CFR) and 2 CFR Part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project-specific PROGRAM SUPPLEMENT.

B. Invoices shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES.

C. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.

D. Indirect Cost Allocation Plan/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures established by STATE.

E. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.

F. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice. 4Page of 7Program Supplement 11-5066F15-F026- ISTEA

Page 87 of 253 ends

SPECIAL COVENANTS OR REMARKS
11-SD-0-NATC
CPFCDSL-5066(053)
G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.

H. 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., shall be used to determine the allowability of individual PROJECT cost items.

I. Every sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), and other applicable STATE and FEDERAL regulations.

J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE.

K. STATE reserves the right to conduct technical and financial audits of PROJECT WORK and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by the following paragraph:

ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested.

All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of submission of the final expenditure report by the STATE to the FHWA.

L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system
5Page of 7Program Supplement 11-5066F15-F026- ISTEA

Page 88 of 253 ends

SPECIAL COVENANTS OR REMARKS
11-SD-0-NATC
CPFCDSL-5066(053)
of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices set to or paid by STATE.

M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year of the Catalogue of Federal Domestic Assistance.

N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200.

O. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000, construction contracts over $10,000, or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds.

P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this agreement.

3. Appendix E of the Title VI Assurances (US DOT Order 1050.2A) During the performance of this agreement, the ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractor, (hereinafter referred to as the "contractor") agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:

Pertinent Nondiscrimination Authorities:

A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.

B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); C. Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), (prohibits discrimination on the basis of sex);
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as 6Page of 7Program Supplement 11-5066F15-F026- ISTEA

Page 89 of 253 ends

SPECIAL COVENANTS OR REMARKS
11-SD-0-NATC
CPFCDSL-5066(053)
amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
F. Airport and Airway Improvement Act of 1982, (49 U.S.C. 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not);
H. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
L. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). 7Page of 7Program Supplement 11-5066F15-F026- ISTEA

Page 90 of 253 ends

F027
FOR FEDERAL-AID PROJECTS NO 11-5066F15
1123000140
June 08, 2023
11-SD-0-NATC
CPFCDSL-5066(054)
5066
This Program Supplement hereby adopts and incorporates the Administering Agency-State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 07/11/2016 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).

In National City crossing over Interstate 5 west to east. It connects west of I-5 at 23rd St and McKinley Ave, and east of I-5 at the 24th St Transit Center.

Complete feasibility study to determine if a pedestrian bridge over I-5 is feasible to construct.

0.0(MILES)
Federal Funds
Estimated Cost Matching Funds
Y928 $294,700.00

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
$294,700.00 $0.00 $0.00
Chief, Office of Project Implementation

STATE OF CALIFORNIA
Department of Transportation
$294,700.00
1 Page of 7Program Supplement 11-5066F15-F027- ISTEA
6/8/2023

Page 91 of 253 ends

SPECIAL COVENANTS OR REMARKS
11-SD-0-NATC
CPFCDSL-5066(054)

1. A. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual.

Failure to do so will cause a delay in the State processing invoices for the construction phase.

Attention is directed to Section 15.7 "Award Package" of the Local Assistance Procedures Manual.

Page 92 of 253 ends

SPECIAL COVENANTS OR REMARKS
11-SD-0-NATC
CPFCDSL-5066(054)
F. Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal-assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal-assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).

Page 93 of 253 ends

SPECIAL COVENANTS OR REMARKS
11-SD-0-NATC
CPFCDSL-5066(054)

B. Invoices shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES.

Page 94 of 253 ends

SPECIAL COVENANTS OR REMARKS
11-SD-0-NATC
CPFCDSL-5066(054)
G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.

Page 95 of 253 ends

SPECIAL COVENANTS OR REMARKS
11-SD-0-NATC
CPFCDSL-5066(054)
of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices set to or paid by STATE.

P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this agreement.

Pertinent Nondiscrimination Authorities:

A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.

Page 96 of 253 ends

SPECIAL COVENANTS OR REMARKS
11-SD-0-NATC
CPFCDSL-5066(054)
amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
F. Airport and Airway Improvement Act of 1982, (49 U.S.C. 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not);
H. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
L. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). 7Page of 7Program Supplement 11-5066F15-F027- ISTEA

Page 97 of 253 ends

F028
FOR FEDERAL-AID PROJECTS NO 11-5066F15
1123000174
June 09, 2023
11-SD-0-NATC
CPFCDSL-5066(056)
5066
This Program Supplement hereby adopts and incorporates the Administering Agency-State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 07/11/2016 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).

Adjacent to Marina Way from 32nd St to Bay Marina Dr, Bay Marina Dr from Marina Way to McKinley Ave, and McKinley Ave from Bay Marina Dr to Civic Center Dr Provide 1.5miles of protected bicycle and ped facilities, retaining walls, curb ramps, &other improv

0.0(MILES)
Federal Funds
Estimated Cost Matching Funds
Y928 $300,000.00

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
$300,000.00 $0.00 $0.00
Chief, Office of Project Implementation

STATE OF CALIFORNIA
Department of Transportation
$300,000.00
1 Page of 7Program Supplement 11-5066F15-F028- ISTEA
6/9/2023

Page 98 of 253 ends

SPECIAL COVENANTS OR REMARKS
11-SD-0-NATC
CPFCDSL-5066(056)

1. A. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual.

Failure to do so will cause a delay in the State processing invoices for the construction phase.

Attention is directed to Section 15.7 "Award Package" of the Local Assistance Procedures Manual.

Page 99 of 253 ends

SPECIAL COVENANTS OR REMARKS
11-SD-0-NATC
CPFCDSL-5066(056)
F. Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal-assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal-assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).

Page 100 of 253 ends

SPECIAL COVENANTS OR REMARKS
11-SD-0-NATC
CPFCDSL-5066(056)

B. Invoices shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES.

Page 101 of 253 ends

SPECIAL COVENANTS OR REMARKS
11-SD-0-NATC
CPFCDSL-5066(056)
G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.

Page 102 of 253 ends

SPECIAL COVENANTS OR REMARKS
11-SD-0-NATC
CPFCDSL-5066(056)
of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices set to or paid by STATE.

P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this agreement.

Pertinent Nondiscrimination Authorities:

A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.

Page 103 of 253 ends

SPECIAL COVENANTS OR REMARKS
11-SD-0-NATC
CPFCDSL-5066(056)
amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
F. Airport and Airway Improvement Act of 1982, (49 U.S.C. 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not);
H. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
L. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). 7Page of 7Program Supplement 11-5066F15-F028- ISTEA

Page 104 of 253 ends

RESOLUTION NO. 2023 -

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

AUTHORIZING THE MAYOR TO EXECUTE THREE PROGRAM SUPPLEMENT AGREEMENTS (PSA s) WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE FOLLOWING PROJECTS: 1) $294,700 FOR THE 24TH STREET TROLLEY PEDESTRIAN BRIDGE FEASIBILITY STUDY; 2) $429,781 FOR THE 24TH STREET FIRST AND LAST MILE CONNECTIONS TO TROLLEY STATI ON; AND 3) $300,000 FOR THE BAYSHORE BIKEWAY SEGMENT 5 PROJECT.

WHEREAS, in November 2021, the Infrastructure Investment and Jobs Act (IIJA), also known as the Bipartisan Infrastructure Law (BIL), was passed into law; and WHEREAS, with the passage of IIJA, the Community Project Funding / Congressionally Directed Spending (CPFCDS) program was created to support specific community projects as part of the annual appropriations process, which was signed into law as the Consolidated Appropriations Act of 2022; and
WHEREAS, all CPFCDS projects are solicited and selected by the members of the U.S.

Congress and U.S. Senate; and
WHEREAS, in 2021, the City requested funding consideration for several Community Projects identified in the letter that are part of the Health and Opportunity through Partnerships for Equity (HOPE) Improvement projects; and
WHEREAS, the proposed projects include bicycle and pedestrian safety enhancements, alternative mobility options, first/last mile improvements to transit hubs, and enhanced connections to Naval Base San Diego; and
WHEREAS, the projects will promote clean mobility alternatives as a viable travel choice, reducing greenhouse gas emissions and promoting a healthier, more active lifestyle; and WHEREAS, on March 9, 2022, Congressmember Vargas voted to secure $11.7 million for nine local community projects in the appropriations government funding package for California’s 51st Congressional District; and
WHEREAS, three of the nine local community projects selected by Congressmember Vargas to receive funding are located in National City and are 1) Bayshore Bikeway – Segment 5 project; 2) 24th Street Trolley Pedestrian Bridge Feasibility Study; and 3) 24th Street First and Last Mile Connections to Trolley Station; and
WHEREAS, on March 7, 2023 City Council accepted the funds and directed staff to create a corresponding revenue and expenditure budget for the three projects; and WHEREAS, on June 8, 2023 , the California Department of Transportation ( Caltrans) provided the Program Supplement Agreements ( PSAs) to City staff in order for these to be authorized and returned to Caltrans with the certified resolution; and

Page 105 of 253 ends

WHEREAS, although these are Federal funds, Caltrans is the designated State agency that administers the disb ursement and oversight given that these projects are all transportation focused; and
WHEREAS, the PSA confirms the project work phase funds authorized, their subsequent disbursement, and special covenants the City accepts; and WHEREAS, City staff recommends City Council to adopt this Re solution authorizing the Mayor to execute the three PSAs with Caltrans for the following projects 1) 24th Street Trolley Pedestrian Bridge Feasibility Study; 2) 24th Street First and Last Mile Connections to Trolley Station for design and construction, and 3) the Bayshore Bikeway – Segment 5 project.

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 three Program Supplement Agreements (PSAs) with the State of California Department of Transportation (Caltrans) for the following projects: 1) $294,700 for the 24th Street Trolley Pedestrian Bridge Feasibility Study; 2) $429 ,781 for the 24th Street First and Last Mile Connections to Trolley Station; and 3) $300,000 for the Bayshore Bikeway – Segment 5 project.

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

PASSED and ADOPTED this 1st day of August, 2023.

Ron Morrison, Mayor

ATTEST:

Shelley Chapel, MMC, City Clerk

APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

Page 106 of 253 ends

AGENDA REPORT

Department: Engineering
Prepared by: Ricardo Rodriguez, Assistant Engineer-Civil Meeting Date: Tuesday, August 1, 2023
Approved by: Scott Huth, Acting City Manager

SUBJECT:

Awarding a contract to Wright Construction Engineering Corp for Paradise Creek Water Quality and Community Enhancement Project Phase II, CIP No. 19-11

RECOMMENDATION:

Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, 1) Awarding a Contract to Wright Construction Engineering Corp in the Not-to-Exceed Amount of $2,610,245.00 for the Base Bid and Additive Bid for Paradise Creek Water Quality and Community Enhancement Project Phase II; 2) Authorizing a 15% Contingency in the A mount of $391,537.00 for Any Unforeseen Changes; and 3) Authorizing the Mayor to Execute the Owner- Contractor Agreement.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

The Paradise Creek Water Quality and Community Enhancement project Ph. II, CIP 19-11 is the second implementation phase that will provide immediate benefit to the creek and the community.

The first phase of the project included construction of a biofiltration detention basin for treatment of the storm water flows collected f rom Para dise Creek . Also included in Phase I was the installation of slope stability and erosion control measures surrounding the biofiltration basin and construction of an access road for Public Works staff to provide maintenance of the creek. On June 5, 2020, Phase I construction was completed.

On July 8, 2020, the City of National City was notified by Integrated Regional Water Management (IRWM) staff that it had been awarded a grant, with no local match required, to construct Phase II of the Paradise Creek Water Quality and Community Enhancement project. From July 8, 2020 to May 11, 2021, IRWM and the California Department of Water Resources worked to finalize the agreement. September 30, 2025 was set as the end date for the period of performance to deliver the project.

In order for the City of National City to receive and use grant funding, the City was to adopt the 2019 San Diego IRWM Plan and enter into a grant agreement with the San Diego County Water Authority. On August 3, 2021, Resolution No. 2021-103 was passed and adopted by City Council, authorizing the adoption of the 2019 San Diego IRWM Plan and authorizing the City Manager to execute the Proposition 1 IRWM implementation grant agreement for this project.

Phase II of the project consists of repairing sections of Paradise Creek at Plaza Blvd, including removal of existing concrete lining on south creek bank, earthwork and regrading, and installing articulated concrete blocks and cutoff wall on south creek bank. Drainage improvements include adding bar screen gates at the outlet and inlet of existing reinforced concrete box storm drains,

Page 107 of 253 ends

and rip rap. Other site improvements include retaining wall, concrete driveways, decomposed granite (DG) access road and perimeter wrought iron fencing, replacing ADA curb ramps, and access gates to secure the area.

On May 15, 2023, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors.

On June 15, 2023, thr ee (3) bids were received by the 2:00 p.m. deadline. Wright Construction Engineering Corp was the apparent lowest bidder with a total bid amount of $2,610,245.00. Upon review of all documents submitted, Wright Construction Engineering Corp’s bid was deemed responsive and they are the lowest responsible bidder qualified to perform the work as described in the project specifications.

Staff recommends awarding a contract to Wright Construction Engineering Corp in the amount not-to-exceed $2,610,245.00 for t he Base Bid and Additive Bid and authorizing a 15% contingency in the amount of $391,537.00 to address any unforeseen conditions that may arise.

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

Construction is estimated to be completed by Spring of 2024. Typically, construction will begin four to six weeks after City Council approves award of contract to allow for coordination efforts, as well as c ontractor mobilization. Updates will be provided on the City’s CIP dashboard at:
https://www.nationalcityca.gov/government/engineering-public-works.

FINANCIAL STATEMENT:

Contract Award - $2,610,245.00
Expenditure Account No. 296-409-500-598-6199

15% Contingency - $391,537.00
Expenditure Account No. 296-409-500-598-6199

Appropriations have already been established for this project. All costs will be offset by the grant and reimbursements will be recorded in Revenue Account No. 296-06199-3463.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Health, Environment, and Sustainability

ENVIRONMENTAL REVIEW:

This is a project under CEQA and after Initial Study qualifies for a Negative Declaration. CCR 15371.

PUBLIC NOTIFICATION:

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

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A - Bid Opening Summary
Exhibit B - Three Lowest Bidders Summary
Exhibit C - Owner-Contractor Agreement
Exhibit D - Resolution

Page 108 of 253 ends

BID OPENING SUMMARY

NAME: Paradise Creek Water Qua lity and Community Enhancement Project Ph. II
CIP NO: 19‐11
DATE: June 15, 2023
T I M E : 2 : 0 0 P . M .

ESTIMATE: $2,600,000.00
PROJECT ENGINEER : Ricardo Rodriguez

NO. BIDDER’S NAME BID AMOUNT BID SECURITY
‐ BOND

1 Wright Construction
Engineering Corp
2625 S Santa Fe Ave
San Marcos, CA 92069

$2,610,245.00

Bond
2 LB Civil Construction, Inc.
324 E. Valley Pkwy
Escondido, CA 92025

$3,246,670.00

Bond
3 Marcon Engineering
876 N Broadway
Escondido, CA 92025
$5,000,000.00
Bond

Page 109 of 253 ends

Page 1 of 2 ends

SUMMARY OF BID ITEMS

NAME: Paradise Creek Water Qua lity and Community Enhancement Project Ph. II CIP NO: 19‐11
DATE: June 15, 2023
T I M E : 2 : 0 0 P . M .

ESTIMATE: $2,600,000.00
PROJECT ENGINEER : Ricardo Rodriguez

Page 110 of 253 ends

Page 2 of 2 ends

Page 111 of 253 ends

RESOLUTION NO. 2023 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1) AWARDING A CONTRACT TO WRIGHT CONSTRUCTION ENGINEERING CORP . IN THE NOT-TO-EXCEED AMOUNT OF $2,610,245.00 FOR THE PARADISE CREEK WATER QUALITY AND COMMUNITY ENHANCEMENT PROJECT PH ASE. II , CIP NO. 19 -11; 2) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $391,537.00 FOR ANY UNFORESEEN CHANGES; AND 3) AUTHORIZING THE MAYOR TO EXECUTE THE OWNER-

CONTRACTOR AGREEMENT

WHEREAS, the Paradise Creek Water Quality and Community Enhancement Project (the “Project”) Phase 1 included construction of a biofiltration detention basin for treatment of the storm water flows collected from Paradise Creek , as well as installation of slope stability and erosion control measures surrounding the biofiltration basin and construction of an access road for Public Works staff to provide maintenance of the creek; and

WHEREAS, Phase I of the Project construction was completed on June 5, 2020; and

WHEREAS, the Project’s Phase II is the second implementation phase that will provide further benefits to the creek and the community; and

WHEREAS, on July 8, 2020, the City of National City was notified by Integrated Regional Water Management (IRWM) staff that the Project Phase II had been awarded a grant with no local match required; and

WHEREAS, on August 3, 2021, the City Council adopted Resolution No. 2021 -103 authorizing the adoption of the 2019 San Diego IRWM Plan and authorizing the City Manager to execute the Proposition 1 IRWM implementation grant agreement for this Project; and

WHEREAS, Paradise Creek along Plaza Blvd is in need of repairs and water quality enhancements including improvements to existing drainage, retaining walls and access roads ; and
WHEREAS, on May 19, 2023, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors; and
WHEREAS, on May 24, 2023 and May 26, 2023, the bid solicitation was advertised in local newspapers; and
WHEREAS, on June 15, 2023, three (3) bids were received by the 2:00 p.m. de adline; and
WHEREAS, upon a review of all documents submitted, Wright Construction Engineering Corp.’s bid was deemed responsive and the lowest responsible bidder qualified to perform the work as described in the project specifications; and
WHEREAS, City staff recommends Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Awarding a Contract to Wright Construction Engineering Corp in the N ot-to-Exceed Amount of $2,610,245.00 for the Base Bid and Ad ditive

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Bid for Paradise Creek Water Quality and Community Enhancement Project Phase II; 2) Authorizing a 15% Contingency in the Amount of $391,537.00 for Any Unforeseen Changes; and 3) Authorizing the Mayor to Execute the Owner-Contractor Agreement.”

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 Owner- Contractor Agreement with Wright Construction Engineering Corp. for $2,610,245.00 for the base bid and additive bid for the Paradise Creek Water Quality and Community Enhancement Project Ph. II, CIP No. 19-11.

Section 2: Authorizes a 15% contingency in the amount of $391,537.00 for any unforeseen changes.

Section 3: Authorizes accepting all bids received on June 15, 2023.

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.

PASSED and ADOPTED this 1st day of August, 2023.

Ron Morrison, Mayor

ATTEST:

Shelley Chapel, MMC, City Clerk

APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

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OWNER - CONTRACTOR AGREEMENT

PARADISE CREEK WATER QUALITY AND COMMUNITY ENHANCEMENT PROJECT PH. II CIP NO. 19-11

This Owner-Contractor Agreement (“Agreement”) is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Wright Construction Engineering Corp. (“Contractor”) , 2625 S Santa Fe Ave, San Marcos, California 92069, on the 1 st day of August, 2023, for the construction of the above referenced Project.

In 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 “B” 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

In 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.

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AGENDA REPORT

Department: Police Department
Prepared by: Ronald Gutlay, Management Analyst
Meeting Date: Tuesday, August 1, 2023
Approved by: Scott Huth, Acting City Manager

SUBJECT:

Authorizing Accepting Annual Grant Fund to support the Regional Realignment Response Group (R3G) Operations in the Amount of $67,000.

RECOMMENDATION:

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

The National City Council passed a Resolution on August 6 , 2019, Resolution no. 2019 -109, authorizing the Chief of Police to enter into a Memorandum of Agreement with the County of San Diego (San Diego Sheriff’s Department and Probation Department) and Municipal Law Enforcement Agencies throughout the County for program support of the Regional Realignment Response Group (R3G). The National City Police Department was allocated and received grant funds in the amount of $65,000 in 2019.

As part of the R3G commitment, the National City Police Department will work with regional law enforcement partners to include the Regional Law Enforcement Coordination Center (LECC), to compile information on every realigned offender from jail or prison. This information will be utilized to assist the National City Police Department and other law enforcement agencies to monitor the most serious, high risk felons in the community.

FINANCIAL STATEMENT:

Revenue: 290-11647-3463 (Other State Grants) $67,000.00 Expense: 290-411-647-1* (Personnel) $67,000.00
No net financial impact. Revenues off-set expenses.

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.

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PUBLIC NOTIFICATION:

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

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A - Agreement
Exhibit B - Resolution

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Subject: R3G Agreement Option to Extend
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.

Good afternoon,
On April 27, 2018, the County of San Diego through the San Diego County Sheriff's Department executed an Agreement for the Regional Realignment Response (R3) Program with your County Department and/or City through its police department with provisions concerning the nature and extent of R3G collaboration, services rendered, and compensation for the term of 07/01/2017 - 06/30/2022. Paragraph 5.2 Option to Extend, on the attached MOA, allows the County "…to renew this Agreement for successive one (1) year increments beyond June 30, 2022…subject to available funding." As a result of receiving FY 2023-24 funding, this is to inform you that the San Diego County Sheriff's Department is renewing the agreement beyond June 30, 2023 to June 30, 2024.

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RESOLUTION NO. 2023 –

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

AUTHORIZING ACCEPTING ANNUAL GRANT FUNDS TO SUPPORT THE REGIONAL REALIGNMENT RESPONSE GROUP (R3G) OPERATIONS IN THE AMOUNT OF $67,000

AND THE ESTABLISHMENT OF AN APPROPRIATION AND COR RESPONDING REVENUE BUDGET.

WHEREAS, as part of the State of California Realignment (AB 109), San Diego County, through the Sheriff’s Department, requested funds from the Community Corrections Partnership (CCP) to create a Regional Realignment Response Group (R3G); and WHEREAS, R3G currently consists of the County of San Diego Sheriff’s Department and Probation Department and the cities of Carlsbad, Chula Vista, Coronado, El Cajon, Escondido, La Mesa, Oceanside, San Diego, and the City of National City; and WHEREAS, R3G utilizes the funds to support its primary goal of public safety by developing and implementing a targeted, proactive, intelligence-based approach to control and counteract the risks associated with realigned offenders and Post Release Communi ty Supervision Offenders released into San Diego County; and WHEREAS, City staff recommends City Council authorize (1) acceptance of annual grant funds to support R3G operations in the amount of $67,000 and (2) the establishment of an appropriation and corresponding revenue budget.

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

CALIFORNIA, DOES RESOLVE, D ECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1: Authorizes acceptance of annual grant funds for the support of Regional Realignment Response Group (R3G) operations in the amount of $67,000 and the establishment of an appropriation and corresponding revenue budget.

Section 2: The City Clerk shall certif y to the passage and adoption of this Resolution and enter in into the book of original Resolutions.

PASSED and ADOPTED this 1st day of August, 2023.

Ron Morrison, Mayor

ATTEST:

______________________________
Shelley Chapel, MMC, City Clerk

APPROVED AS TO FORM:

______________________________
Barry J. Schultz, City Attorney

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AGENDA REPORT

Department: Administrative Services - Human Resources Prepared by: Molly Brennan, Administrative Services Director Meeting Date: Tuesday, August 1, 2023
Approved by: Scott Huth, Acting City Manager

SUBJECT:

Director of Public Works & City Engineer Salary Schedule Adjustment

RECOMMENDATION:

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

In February 2022, City Council approved salary increases for Executive Employees for 2022, 2023, and 2024. The increases were based on an equity adjustment to provide each classification 70% of what was needed to bring the position salary to median based on a 2021 salary survey plus 3% Cost of Living Adjustments (COLAs) each year.

As of today, the position of Director of Public Works/City Engineer has received 9.66% increases in 2022 and 2023 and is scheduled for another 9.66% increase in February 2024. The current salary band is $144,303.79 - $182,826.12 and it will increase to $158,243.53 - $200,487.12 in February.

With the recent departure of the Director of Public Works/City Engineer, the position is vacant and efforts to fill the position are under way. However, our current salary range for the classification is preventing the City from securing quality candidates. Based on an updated salary survey of cities within San Diego County (Exhibit A), our current range max of $182,826.12 puts National City as the second to lowest of the 18 public agencies. In order to make Nat ional City competitive to recruit potential candidates, staff is recommending adjusting the salary range for the Director of Public Works and Director of Public Works/City Engineer to be at the median of cities within the County effective August 22, 2023 and revoking the planned salary increase of 9.66% for February 2024.

This recommendation would move the salary range for the position to $160,000 - $218,108.80.

To reiterate, this would remain the salary range for the Director of Public Works/City Engineer for the whole calendar year of 2024. Since this position’s salary will be increased now, another increase in February 2024 would be unnecessary and a repeal of that increase is included in the Resolution.

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FINANCIAL STATEMENT:

The difference between salary range maximum in February 2024 and the proposed salary range maximum with this action is a cost of approximately $20,000 ($218,108.80 -$200,487.12 plus payroll taxes and CalPERS contributions).

In fiscal year 2024, no additional budget appropriation s will be necessary to cover this increase because of the short-term salary savings generated by the current position vacancy. However, in future budget years, this action will increase the budget by approximately $20,000.

The Director of Public Works/City Engineer is 60% funded by the General Fund and 40% by the Sewer Fund. The future year’s budget impact will be approximately a $12,000 increase to the General Fund and an $8,000 increase to the Sewer Fund.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Not Applicable

ENVIRONMENTAL REVIEW:

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

PUBLIC NOTIFICATION:

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

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A – Regional Salary Survey for Director of Public Works Exhibit B – Proposed Executive Salary Schedule
Exhibit C - Resolution

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City of National City
Human Resources Department

EXECUTIVE POSITIONS
August 2023
City Manager
City Attorney
Assistant City Manager ¹ $ 9,310.05 – 18,290.66$ $ 111,720.59 – $ 219,487.90 Assistant Police Chief $ 13,169.52 – 17,376.33 $ $ 158,034.20 – $ 208,515.90 City Clerk $ 10,064.92 – 12,564.92 $ $ 120,779.00 – $ 150,779.00 City Librarian $ 11,234.26 – 14,730.18 $ $ 134,811.14 – $ 176,762.21 Community Development Executive Director ¹ $ 10,836.61 – 16,445.01$ $ 130,039.27 – $ 197,340.08 Community Services Director $ 10,271.32 – 13,722.37 $ $ 123,255.90 – $ 164,668.49 Deputy City Manager $ 9,261.29 – 17,296.93 $ $ 111,135.45 – $ 207,563.18 Director of Administrative Services $ 11,800.48 – 15,444.05 $ $ 141,605.72 – $ 185,328.61 Director of Building & Safety $ 10,836.61 – 12,921.44 $ $ 130,039.27 – $ 155,057.23 Director of Community Development $ 10,836.61 – 15,254.97 $ $ 130,039.27 – $ 183,059.60 Director of Emergency Services ² $ 12,325.44 – 16,331.89$ $ 147,905.28 – $ 195,982.64 Director of Finance $ 11,800.48 – 14,728.16 $ $ 141,605.72 – $ 176,737.96 Director of Housing & Economic Development $ 10, 513.16 – 13,401.78$ $ 126,157.89 – $ 160,821.32 Director of Neighborhood Services $ 10,836.61 – 13,814.10 $ $ 130,039.27 – $ 165,769.15 Director of Planning $ 10,179.28 – 13,884.69 $ $ 122,151.39 – $ 166,616.25 Director of Public Works $ 13,333.33 – 18,175.73 $ $ 160,000.00 – $ 218,108.80 Director of Public Works/City Engineer $ 13,333.33 – 18,175.73 $ $ 160,000.00 – $ 218,108.80 Fire Chief $ 12,325.44 – 16,331.89 $ $ 147,905.28 – $ 195,982.64 Human Resources Director $ 11,863.57 – 14,831.24 $ $ 142,362.80 – $ 177,974.85 Library and Community Services Director $ 11,234.26 – 17,535.57 $ $ 134,811.14 $ 210,426.78 Police Chief ³ $ 16,809.83 – 19,113.96$ $ 201,718.01 – $ 229,367.49 Records Management Officer $ 8,176.90 – 10,057.33 $ $ 98,122.81 – $ 120,687.97 Assistant City Attorney $ 10,639.99 – 16,048.69 $ $ 127,679.90 – $ 192,584.27 ¹ If residing in National City, the Asst City Manager & CDC Executive Director receive a Housing Differential of $15,000 per year (per Resolution 2009-100)
² Director of Emergency Services receives $650 Uniform Allowance annually (per memo dated 08/02/12) ³ Police Chief receives a $750 Uniform Allowance (per employment agreement of 03/13/19) Effective 05/22/22per Resolution 2022-21, City Manager Employment Agreement Effective 1/1/2023 per Resolution 2022-199, City Attorney Employment Agreement Auto Allowance: $300/month, w/exception of Police & Fire Chief who are assigned a City Vehicle, and City Attorney. The City Manager receives $750/month and Assistant City Manager receives $400/month.

To be determined by
employment agreement
To be determined by
employment agreement
$17,688 (Actual Salary) $212,256

POSITION TITLE SALARY BAND SALARY BAND
(MONTHLY) (ANNUAL)

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City of National City
Human Resources Department

EXECUTIVE POSITIONS
February 2024
City Manager
City Attorney
Assistant City Manager ¹ $ 9,941.27 – 19,530.76$ $ 119,295.25 – $ 234,369.18 Assistant Police Chief $ 14,174.35 – 18,702.14 $ $ 170,092.21 – $ 224,425.67 City Clerk $ 10,366.87 – 12,941.87 $ $ 124,402.41 – $ 155,302.41 City Librarian $ 12,729.54 – 16,690.77 $ $ 152,754.50 – $ 200,289.26 Community Development Executive Director ¹ $ 11,891.01 – 18,045.11$ $ 142,692.09 – $ 216,541.27 Community Services Director $ 11,638.44 – 15,548.82 $ $ 139,661.26 – $ 186,585.87 Deputy City Manager $ 9,863.27 – 18,421.23 $ $ 118,359.25 – $ 221,054.78 Director of Administrative Services $ 12,818.86 – 16,776.87 $ $ 153,826.30 – $ 201,322.47 Director of Building & Safety $ 11,891.01 – 14,178.69 $ $ 142,692.09 – $ 170,144.30 Director of Community Development $ 11,891.01 – 16,739.27 $ $ 142,692.09 – $ 200,871.30 Director of Emergency Services ² $ 13,683.70 – 18,131.66$ $ 164,204.45 – $ 217,579.92 Director of Finance $ 12,818.86 – 15,999.20 $ $ 153,826.30 – $ 191,990.45 Director of Housing & Economic Development $ 11, 362.62 – 14,484.64$ $ 136,351.45 – $ 173,815.68 Director of Neighborhood Services $ 11,891.01 – 15,158.21 $ $ 142,692.09 – $ 181,898.48 Director of Planning $ 10,484.66 – 14,301.23 $ $ 125,815.93 – $ 171,614.74 Director of Public Works $ 13,333.33 – 18,175.73 $ $ 160,000.00 – $ 218,108.80 Director of Public Works/City Engineer $ 13,333.33 – 18,175.73 $ $ 160,000.00 – $ 218,108.80 Fire Chief $ 13,683.70 – 18,131.66 $ $ 164,204.45 – $ 217,579.92 Human Resources Director $ 12,921.80 – 16,154.18 $ $ 155,061.56 – $ 193,850.21 Library and Community Services Director $ 12,729.54 – 19,869.55 $ $ 152,754.50 $ 238,434.59 Police Chief ³ $ 18,092.42 – 20,572.35$ $ 217,109.09 – $ 246,868.23 Records Management Officer $ 8,837.59 – 10,869.96 $ $ 106,051.13 – $ 130,439.55 Assistant City Attorney $ 11,568.86 – 17,449.74 $ $ 138,826.35 – $ 209,396.88 ¹ If residing in National City, the Asst City Manager & CDC Executive Director receive a Housing Differential of $15,000 per year (per Resolution 2009-100)
² Director of Emergency Services receives $650 Uniform Allowance annually (per memo dated 08/02/12) ³ Police Chief receives a $750 Uniform Allowance (per employment agreement of 03/13/19) Effective 05/22/22per Resolution 2022-21, City Manager Employment Agreement Effective 1/1/2023 per Resolution 2022-199, City Attorney Employment Agreement Auto Allowance: $300/month, w/exception of Police & Fire Chief who are assigned a City Vehicle, and City Attorney. The City Manager receives $750/month and Assistant City Manager receives $400/month.

To be determined by
employment agreement
To be determined by
employment agreement
$18,218.58 $218,623.00

POSITION TITLE SALARY BAND SALARY BAND
(MONTHLY) (ANNUAL)

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Director of Public Works Salary Survey
As of July 2023
Public Entity Title Current Annual Min. Salary Current Annual Max. Salary Lemon Grove Public Works Director $104,740.74 $133,780.14 La Mesa Director of Public Works/City Engineer $152,040.00 $184,800.00 Escondido Public Works Director $140,052.00 $189,072.00 Del Mar Public Works Director $144,438.75 $189,516.16
City of Santee Director of Engineering/City Engineer $141,578.79 $190,867.16 San Marcos Public Works Director $140,543.00 $190,927.00 Solana Beach City Eng/Public Works Director $126,360.00 $202,196.80 Imperial Beach Public Works Director $121,224.00 $207,672.00 El Cajon Public Works Director $179,441.60 $218,108.80 Coronado Director of Public Services & Engineering $185,559.60 $220,703.52 Chula Vista Director of Engineering/City Engineer $183,690.52 $223,276.82 Encinitas Public Works Director $144,648.00 $224,400.00 Poway Public Works Director $161,676.00 $226,344.00
Carlsbad Transportation/Utilities Director $157,868.00 $229,063.00 Oceanside Public Works Director $168,204.00 $235,536.00 Vista Public Works Director $120,516.00 $254,976.00
San Diego Department Director, Eng & Capital Projects $83,242.00 $315,328.00 National City Director of Public Works/City Engineer $144,303.79 $182,826.12 MEDIAN without National City $144,438.75 $218,108.80

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RESOLUTION NO. 2023 -

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

AMENDING THE NATIONAL CITY EXECUTIVE GROUP SALARY SCHEDULE FOR THE

CLASSIFICATION OF DIRECTOR OF PUBLIC WORKS AND DIRECTOR OF PUBLIC

WORKS/CITY ENGINEER

WHEREAS, in February 2022, City Council approved salary increases for Executive employees for 2022, 2023, and 2024 based on an equity adjustment to provide each classification 70% of what was needed to bring the position salary to median based on a 2021 sa lary survey plus 3% cost of living adjustments each year; and
WHEREAS, with the recent departure of the Director of Public Works/City Engineer, the position is vacant and efforts to fill the position are under way; and WHEREAS, based on a July 2023 salary survey of cities within San Diego County (Exhibit A), our current range max of $182,826.12 puts National City as the second to lowest of the 18 public agencies; and
WHEREAS, in order to make National City competitive to recruit potential candidates, staff is recommending adjusting the salary range for the Director of Public Works and Director of Public Works/City Engineer to be at the median of cities within the County effective August 22, 2023 and revoking the planned salary increase of 9.66% for February 2024; and WHEREAS, in fiscal year 2024, no additional budget appropriations will be necessary to cover this increase because of the short -term salary savings generated by the current position vacancy; and
WHEREAS, in future budget years, this action will increase the budget by approximately $20,000, paid 60% from the General Fund and 40% by the Sewer Fund.

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 amendment to the Executive Salary Schedule to increase the Director of Public Works and Director of Public Works/City Engineer classifications to a range of $160,000 - $218,108.80 effective August 22, 2023.

Section 2: That the City Council hereby authorizes the amendment to the Executive Salary Schedule to repeal the 9.66% salary increase scheduled for February 2024 for these two classifications.

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.

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PASSED and ADOPTED this 1st day of August, 2023.

Ron Morrison, Mayor

ATTEST:

Shelley Chapel, MMC, City Clerk

APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

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AGENDA REPORT

Department: Administrative Services - Human Resources Prepared by: Molly Brennan, Administrative Services Director Meeting Date: Tuesday, August 1, 2023
Approved by: Scott Huth, Acting City Manager

SUBJECT:

Temporary Appointment of Two (2) CalPERS Retirees Pursuant to Government Code Sections 7522.56 and 21221(H)

RECOMMENDATION:

Adopt a Resolution entitled, “ A Resolution of the City Council of the City of National City, California, Appointing Eric Dennis as Interim Building Official and William Lopez as Interim Street & Wastewater Maintenance Superintendent per Government Code Section 21221 (h).”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

The City Manager has the responsibility of appointing the City’s management staff. California Government Code § 7522.56 & 21221(h) requires that an agency’s governing board approve the appointments of CalPERS retired annuitants to serve on an interim basis during recruitment for a permanent appointment.

Staff requests that City Council adopt a resolution authorizing the City to temporarily app oint CalPERS Retirees Eric A Dennis (CalPERS ID: 1818201532) as Building Official and William R Lopez (CalPERS ID: 3224553803) as Street & W astewater Superintendent pursuant to Government Code § 7522.56 & 21221(h). The City Manager appointed the retirees in late June to prevent stoppage of public business while the permanent recruitments take place.

Adoption of the resolution will allow Mr. D ennis and Mr. Lopez to work in a limited duration capacity until the permanent hire is on boarded for their position or until they reach 960 hours worked during the 2023-2024 fiscal year, whichever occurs first.

Eric Dennis has been appointed to the position of Building Official as a vacant type appointment by the City Manager. The appointment had an effective date of 6/13/23 and an hourly pay rate of $69.00 per hour. The position was opened for the permanent recruitment on 5/18/23 and close s on 7/31/23.

William Lopez has been appointed to the position of Street & Wastewater Maintenance Superintendent as a vacant type appointment by the City Manager. The appointment had an effective date of 6/26/23 and an hourly pay rate of $57.09 per hour. The position was opened for the permanent recruitment on 6/22/23 and closes on 8/7/23.

The California Public Employees’ Retirement System (CalPERS) recognizes that retirees can play an important role in maintaining city operations, particularly in short -term or emerg ency

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situations; however, they also specify limitations on a retiree’s service when returning to work for a CalPERS agency. Government Code § 7522.56 & 21221(h) provides specific guidance on employing a CalPERS retiree without interruption to retirement be nefits or reinstatement from retirement. Key terms of hiring a retired annuitant under the Government Code and by which the City will be following are:

 The retiree must wait 180 days after his or her retirement date before he or she can return to work for a CalPERS employer, unless there is a qualifying exception.  The appointment of a retired annuitant must be for a limited duration for a vacant position.

A retired annuitant can only be appointed once to this vacant position as required by Gov.

Code § 21221(h).
 The retired annuitant’s salary cannot be less than the minimum or exceed the maximum for the vacant position as listed on the employer’s publicly available pay schedule for the position.
 The retired annuitant cannot be paid any other compensation or benefits in addition to the hourly pay rate.
 A maximum of 960 hours can be worked within a fiscal year (July 1 to June 30) and CalPERS does not provide any exception to this limit. Nonpaid or volunteer hours can't be used in order to exceed 960 hours in a fiscal year.
 The retiree will not accrue service credit or any additional retirement rights or benefits.

FINANCIAL STATEMENT:

The Building Official and Street & Wastewater Maintenance Superintendent positions are already included in the budget and there is no impact to the current fiscal year. The cost will be absorbed in the personnel services department budgets. In accordance with CalPERS requirements, the retirees will not be eligibl e for any compensation or ben efits in addition to their hourly pay rate while working for the City as a retired annuitant.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Not Applicable

ENVIRONMENTAL REVIEW:

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

PUBLIC NOTIFICATION:

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

ORDINANCE:

Not Applicable

EXHIBIT:

Exhibit A - Resolution

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RESOLUTION NO. 2023 -

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

APPOINTING ERIC DENNIS AS INTERIM BUILDING OFFICIAL AND WILLIAM LOPEZ AS

INTERIM STREET & WASTERWATER MAINTENANCE SUPERINTENDENT PER GOVERNMENT CODE SECTION 21221 (h)

WHEREAS, Government (Gov.) Code section 21221(h) of the Public Employees’ Retirement Law permits the governing body to appoint a CalPERS retiree to a vacant position requiring specialized skills during recruitment for a permanent appointment, and provides that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year; and WHEREAS, the City of National City (“City”) desires to appoint Eric Dennis as an interim appointment retired annuitant to the vacant position of Building Official for the City under Gov.

Code section 21221(h), effective June 13, 2023; and
WHEREAS, the City desires to appoint William Lopez as an interim appointment retired annuitant to the vacant position of Street & Wastewater Maintenance Superintendent for the City under Gov. Code section 21221(h), effective June 26, 2023; and WHEREAS, the City Council of the City , the City, Eric Dennis, and William Lopez certify that Eric Dennis and William Lopez have not and will not receive a Golden Handshake or any other retirement-related incentive; and
WHEREAS, an appointment under Gov. Code section 21221(h) requires the retiree is appointed into the interim appointment during recruitment for a permanent appointment; and WHEREAS, the City opened the search es for a permanent Building Official on May 18, 2023 and for a permanent Street & Wastewater Maintenance Superintendent on June 22, 2023; and
WHEREAS, these Gov. Code section 21221(h) appointments shall only be made once each and will end when the permanent hires for each position are on boarded or when the retirees reach 960 hours worked, whichever occurs first; and
WHEREAS, the compensation pa id to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and WHEREAS, the City Council adopted National City Management Salary Schedule states the base salary range for Building Official is $46.57 -$69.25 per hour and the base salary range for Street & Wastewater Maintenance Superintendent is $38.70-$57.09 per hour; and WHEREAS, the hourly rate paid to Eric Dennis will be $69.00 and the hourly rate paid to William Lopez will be $57.09 , and neither has nor will receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to these hourly pay rates.

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

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Section 1: That the City Council hereby certifies the nature of the employment of Eric Dennis as described herein and that this appointment is necessary to fill the critically needed position of Building Official for the City of National City effective June 13, 2023 because the position became vacant and his employment is needed to continue to perform the critically needed and specialized duties of the position until a permanent Building Official is hired.

Section 2: That the City Council hereby certifies the nature of the employment of William Lopez as described herein and that th is appointment is necessary to fill the critically needed position of Street & Wastewater Maintenance Superintendent for the City of National City effective June 26, 2023 because the position became vacant and his employment is needed to continue to perform the critically needed and specialized duties of the position until a permanent Street & Wastewater Maintenance Superintendent is hired.

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.

PASSED and ADOPTED this 1st day of August, 2023.

Ron Morrison, Mayor

ATTEST:

Shelley Chapel, MMC, City Clerk

APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

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AGENDA REPORT

Department: Engineering
Prepared by: Ricardo Rodriguez, Assistant Engineer-Civil Meeting Date: Tuesday, August 1, 2023
Approved by: Scott Huth, Acting City Manager

SUBJECT:

Installation of a Blue Cu rb Disabled Persons Parking Space with Signage in Front of the Residence at 117 2nd Street.

RECOMMENDATION:

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

The Traffic Safety Committee unanimously approved staff’s recommendation for the installation of a blue curb disabled persons parking space with signage in front of the residence at 117 2 nd Street.

EXPLANATION:

Mr. Marco Lopez, resident of 117 2nd Street, has requested a blue curb disabled persons parking space in front of his residence. The resident possesses a valid disabled persons placard from the California Department of Motor Vehicles. The resident stated that it is difficult for him to find parking in front of his residence due to the high demand of parking in the area and that a disabled persons parking space in front of his residence would provide easier access to the house.

Staff visited the site and observed that Mr. Lopez’s residence has a driveway and a garage. The driveway between the apron and the manual gate is approximately 17 feet long by 11 feet wide with a slope of approximately 3.5% and the driveway between the manual gate and the garage is 52 feet long by 13 feet wide with a slope of approximately 4% -6% (see attache d photos). The minimum dimensions for a driveway and garage to accommodate a vehicle with a disabled driver or passenger is 20 feet long by 12 feet wide with a slope of 2% or less. This condition is not met since the slope of the driveway exceeds the 2% slope. Furthermore, the dimension of the garage is too small to accommodate the vehicles with a disabled driver or passenger.

The City of National City has amended chapter 11.32.225 of the National City Municipal Code which is used to evaluate requests for disabled p ersons parking zones. The City’s Disabled persons parking zone requirements for Special Hardship Cases are as follows:

1. Applicant (or guardian) must be in possession of valid license plates or placard for “disabled persons” or “disabled veterans”. This condition is met.

2. The proposed disabled parking space must be in front (or side if on a corner lot) of the applicant’s (or guardian’s) place of residence. This condition is met.

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3. The residence must not have useable off -street parking available or an off -street space available that may be converted into disabled parking. This condition is met.

This item was presented to the Traffic Safety Committee on June 14, 2023. Staff sent notices to area residents inviting them to Zoom-in or call-in to the Traffic Safety Committee Meeting and/or contact staff with any questions. Mr. Marco Lopez was in attendance to speak in support of the blue curb disabled persons parking space.

Staff presented the results of the site evaluation to the Traffic Safety Committee and after discussion, the Traffic Safety Committee voted to approve staff’s recommendation to install a blue curb disabled persons parking space with sign, since all three conditions of the Special Hardship Cases section of National City Municipal Code chapter 11.32.25(c) , disabled persons parking zone, are met.

The applicant for this request was informed that handicap parking spaces do not constitute “personal reserved parking” and that any person with valid “disabled persons” license plates or placards may park in handicap spaces.

In addition, staff is developing a process to review the citywide disabled parking inventory on an annual basis to ensure that disabled parking spaces that are no longer necessary are removed.

If approved by City Council, all work will be performed by City Public Works.

FINANCIAL STATEMENT:

The cost to install the disabled persons parking space is approximately $300. It is the City’s policy to assume the cost of providing disabled persons parking on public streets and in public off-street parking facilities. Funding is available within the Department of Engineering and Public Works budget to provide this service.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Public Safety

ENVIRONMENTAL REVIEW:

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

PUBLIC NOTIFICATION:

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

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A – Location Map
Exhibit B – Location Map showing existing blue curb parking spaces in the area Exhibit C – Staff Report to the Traffic Safety Committee on June 14, 2023 (TSC No. 2023-07) Exhibit D – Resolution

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Exhibit A: Location Map with Recommended Enhancements (TSC Item: 2023‐07)

117 E. 2nd Street
Proposed blue curb
disabled persons
parking space
Existing blue curb
disabled persons
parking space at
133 E. 2nd Street
Existing blue curb
disabled persons
parking space at
17 E. 2nd Street

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Exhibit B: Location Map Showing Existing Blue Curb Parking Space (TSC Item: 2023‐07)

205 E. 1st Street
17 E. 2nd Street
14 E. 3rd Street
117 E. 2nd Street
LEGEND
Proposed location
of blue curb parking space
133 E. 2nd Street
241 E. 3rd Street
336 D Avenue
206 E. 4th Street
22 E. Division St
448 E. 1st Street

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NATIONAL CITY TRAFFIC SAFETY COMMITTEE
AGENDA REPORT FOR JUNE 14, 2023

ITEM TITLE: REQUEST FOR INSTALLATION OF A BLUE CURB DISABLED

PERSONS PARKING SPACE WITH SIGNAGE IN FRONT OF THE
RESIDENCE AT 117 2ND STREET

PREPARED BY: Ricardo Rodriguez, Assistant Engineer – Civil Engineering & Public Works Department

DISCUSSION:

Mr. Marco Lopez, resident of 117 2nd Street, has requested a bl ue curb disabled persons parking space in front of his residence. The resident possesses a valid disabled persons placard from the California Department of Motor Vehicles. The resident stated that it is difficult for him to find parking in front of his residence due to the high demand of parking in the area and that a disabled persons parking space in front of his resid ence would provide easier access to the house.

Staff visited the site and observed that Mr. Lopez’s residence has a driveway and a garage.

The driveway between the apron and the manual gate is approxima tely 17 feet long by 11 feet wide with a slope of approximately 3.5% and the driveway between the manual gate and the garage is 52 feet long by 13 feet wide with a slope of approximately 4%-6% (see attached photos). The minimum dimensions for a driveway and garage to accommodate a vehicle with a disabled driver or passenger is 20 feet long by 12 feet wide with a slope of 2% or less. This condition is not met since the slope of the driveway exceeds the 2% slope. Furthermore, the dimension of the garage is too small to accommodate the vehicle s with a disabled driver or passenger.

The City Council has adopted a policy which is used to evaluate requests for disabled persons parking spaces. The City Council Disabled Persons Parking Policy requirements for “Special Hardship” cases are as follows:

1. Applicant (or guardian) must be in possession of valid licen se plates or placard for “disabled persons” or “disabled veterans”. This condition is met.

2. The proposed disabled parking space must be in front (or sid e if on a corner lot) of the applicant’s (or guardian’s) place of residence. This condition is met.

3. The residence must not have useable off-street parking avail able or an off-street space available that may be converted into disabled parking. This condition is met.

It shall be noted that disabled persons parking spaces do not c onstitute “personal reserved parking” and that any person with valid “disabled persons” lice nse plates or placards may park in handicap spaces.

ITEM NO. 2023-07
1

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Please see attached exhibit for the location of existing blue c urb disabled persons parking spaces within a 4-block radius from the proposed location for this request.

STAFF RECOMMENDATION:

Since all three conditions of the City Council Disabled Persons Parking Policy for “Special Hardship” cases are met, staff recommends the installation of a blue curb disabled persons parking space with signage in front of the residence at 117 2nd Street.

EXHIBITS:

1. Public Request Form

2. Location Map

3. Location Map showing existing blue curb parking spaces in th e area

4. Photos

5. City Council Disabled Persons Parking Policy

2023-07

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Exhibit A: Location Map with Recommended Enhancements (TSC Item: 2023‐07)

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Exhibit B: Location Map Showing Existing Blue Curb Parking Space (TSC Item: 2023‐07)

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Location of proposed blue curb disabled persons parking space in front of 117 2nd Street (Looking North)

Photo of the driveway and manual gate at 117 2nd Street (Looking North‐West)

117 2nd Street
Proposed blue curb
parking space
117 2nd Street

3.5% slope

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Photo of the driveway and garage at 117 2nd Street (Looking North‐West)

4% slope
6% slope

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RESOLUTION NO. 2023 -

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

AUTHORIZING THE INSTALLATION OF A BLUE CURB DISABLED PERSONS PARKING SPACE WITH SIGNAGE IN FRONT OF THE RESIDENCE AT 117 2ND STREET

WHEREAS, Mr. Marco Lopez, resident of 117 2 nd Street, has requested a blue curb disabled persons parking space in front of his residence; and WHEREAS, the resident possesses a valid disabled persons placard from the California Department of Motor Vehicles; and
WHEREAS, the resident stated that it is difficult for him to find parking in front of his residence due to the high demand of parking in the area; and WHEREAS, staff visited the site and observed that Mr. Lopez’s residence has a driveway and a garage; and
WHEREAS, the driveway between the apron and the manual gate is approximately 17 feet long by 11 feet wide with a slope of approximately 3.5%; and WHEREAS, the driveway between the manual gate and the garage is approximately 52 feet long by 13 feet wide with a slope of approximately 4%-6%; and WHEREAS, the minimum dimensions for a driveway and garage to accommodate a vehicle with a disabled driver or passenger is 20 feet long by 12 feet wide with a slope of 2% or less; and
WHEREAS, this condition is not met since the slope of the driveway exceeds the 2% slope and the dimension of the garage is too small to accommodate the vehicles with a disabled driver or passenger; and
WHEREAS, this item was presented to the Traffic Safety Committee on June 14, 2023 ; and
WHEREAS, staff sent notices to area residents inviting them to the Traffic Safety Committee Meeting and/or contact staff with any questions; and WHEREAS, Mr. Marco Lopez was in attendance to speak in support of the blue curb disabled persons parking space; and
WHEREAS, staff presented the results of the site evaluation to the Traffic Safety Committee and after discussion, the Traffic Safety Committee voted to approve staff’s recommendation to install a blue curb disabled persons parking space with signage in front of the residence at 117 2 nd Street, since all three conditions of the Special Hardship Cases section of National City Municipal Code chapter 11.32.25(C) disabled persons parking zone, are met.

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

Section 1: That the City Council hereby authorizes the installation of a blue curb disabled persons parking space with signage in front of the residence at 117 2nd Street.

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

PASSED and ADOPTED this 1st day of August, 2023.

Ron Morrison, Mayor

ATTEST:

Shelley Chapel, MMC, City Clerk

APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

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AGENDA REPORT

Department: Engineering
Prepared by: Ricardo Rodriguez, Assistant Engineer-Civil Meeting Date: Tuesday, August 1, 2023
Approved by: Scott Huth, Acting City Manager

SUBJECT:

Installation of a Blue Cu rb Disabled Persons Parking Space with Signage in Front of the Residence at 621 E. 16th Street.

RECOMMENDATION:

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

EXPLANATION:

Mr. Mario Marin, resident of 621 E. 16th Street, has requested a blue curb disabled persons parking space in front of his residence. The resident possesses a valid disabled persons placard from the California Department of Motor Vehicles. The resident stated that there are two disabled people living in the house. Mr. Marin stated that since it is difficult for him to find parking in front of his residence he has to park his vehicle elsewhere and cannot park in front of his house for extended periods of time due to the 2 hour parking limit between 8am and 6pm. Mr. Marin stated that a disabled persons parking space in front of his residence would provide easier access to his house and reduce the hardship of traveling long distances from his vehicle.

Staff visited the site and observed that Mr. Marin’s residence has a garage but not a driveway.

The garage is located approximately 80 feet into the alley from the residence entrance on E. 16th Street. With permission and supervision, staff measured the garage. The garage is less than 8 feet wide. The minimum dimensions for a garage to accommodate a vehicle with a disabled driver or passenger is 20 feet long by 12 feet wide. The resident’s garage is too small to accommodate the vehicles with a disabled driver or passenger.

The City of National City has amended chapter 11.32.225 of the National City Municipal Code which is used to evaluate requests for disabled persons parking zones. The City’s Disabled persons parking zone requirements for Special Hardship Cases are as follows:

1. Applicant (or guardian) must be in possession of valid license plates or placard for “disabled persons” or “disabled veterans”. This condition is met.

2. The proposed disabled parking space must be in front (or side if on a corner lot) of the applicant’s (or guardian’s) place of residence. This condition is met.

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3. The residence must not have useable off -street parking available or an off -street space available that may be converted into disabled parking. This condition is met.

This item was presented to the Traffic Safety Committee on June 14, 2023. Staff sent notices to area residents inviting them to Zoom-in or call-in to the Traffic Safety Committee Meeting and/or contact staff with any questions. No one was in attendance to speak in support of the blue curb disabled persons parking space.

In addition, staff is developing a process to review the citywide disabled parking inventory on an annual basis to ensure that disabled parking spaces that are no longer necessary are removed.

If approved by City Council, all work will be performed by City Public Works.

FINANCIAL STATEMENT:

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Public Safety

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:

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Exhibit A: Location Map with Recommended Enhancements (TSC Item: 2023‐09)

621 E. 16th Street
Proposed blue curb
disabled persons
parking space

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Exhibit B: Location Map Showing Existing Blue Curb Parking Space (TSC Item: 2023‐09)

1200 E. 16th St.
621 E. 16th Street
LEGEND
Proposed location
of blue curb parking space
1519 D Avenue

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NATIONAL CITY TRAFFIC SAFETY COMMITTEE
AGENDA REPORT FOR JUNE 14, 2023

ITEM TITLE: REQUEST FOR INSTALLATION OF A BLUE CURB DISABLED

PERSONS PARKING SPACE WITH SIGNAGE IN FRONT OF THE
RESIDENCE AT 621 E. 16TH STREET

PREPARED BY: Ricardo Rodriguez, Assistant Engineer – Civil Engineering & Public Works Department

DISCUSSION:

Mr. Mario Marin, resident of 621 E. 16 th Street, has requested a blue curb disabled persons parking space in front of his residence. The resident possess a valid disabled persons placard from the California Department of Motor Vehicles. The resident stated that there are two disabled people living in the house. Mr. Marin stated that sinc e it is difficult for him to find parking in front of his residence he has to park his vehicle elsewhere and cannot park in front of his house for extended periods of time due to the 2 hour par king limit between 8am and 6pm. Mr. Marin stated that a disabled persons parking space in front of his residence would provide easier access to his house.

Staff visited the site and observed that Mr. Marin’s residence has a garage but not a driveway.

The garage is located approximately 80 feet into the alley from the residence entrance on E. 16 th Street. With permission and supervision, staff measured the garage. The garage is less than 8 feet wide. The minimum dimensions for a garage to accom modate a vehicle with a disabled driver or passenger is 20 feet long by 12 feet wide. T he resident’s garage is too small to accommodate the vehicles with a disabled driver or passenger.

1. Applicant (or guardian) must be in possession of valid licen se plates or placard for “disabled persons” or “disabled veterans”. This condition is met.

2. The proposed disabled parking space must be in front (or sid e if on a corner lot) of the applicant’s (or guardian’s) place of residence. This condition is met.

3. The residence must not have useable off-street parking avail able or an off-street space available that may be converted into disabled parking. This condition is met.

Please see attached exhibit for the location of existing blue c urb disabled persons parking spaces within a 4-block radius from the proposed location for this request.

ITEM NO. 2023-09
3

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National City City CouncilAugust 1, 2023

National City City Council
August 1, 2023