Agenda packet, regular meeting, second session — National City City Council, October 17, 2023 (part 1 of 2)

AGENDA
Consolidated Regular Meeting
City Council Chamber - 1243 National City
Boulevard, National City, CA
Ron Morrison, Mayor
Luz Molina, Vice-Mayor Ben Martinez, Interim 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 Meetings 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 before the City Council Meeting.

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 before the meeting or immediately following the announcement of the item. All comments will be limited up to three (3) minutes. The Presiding Officer shall have the authority to reduce the time allotted to accommodate for a large number of speakers. (City Council Policy 104) If you wish to submit a written comment email to the City Clerk’s Office at least 2 hours before the City Council Meeting to allow time for distribution to the City Council.

EFFECTIVE JANUARY 1, 2023
All Contributions to Candidates and Current Elected Officials are required to self -report a Declaration of Campaign Contribution to a Councilmember of more than $250 within the past year (effective Jan 1, 2023). This report may be included on the Public Comment Speaker Slip to be completed before the City Council Meeting .

Spanish Interpretation Services: Spanish Interpretation Services are available; please contact the City Clerk before 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 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.

A PARTIR DEL 1 DE ENERO DE 2023
Todas las contribuciones a los candidatos y funcionarios electos actuales deben autoinformar una Declaración de contribución de campaña a un concejal de más de $ 250 en el último año (a partir del 1 de enero de 2023). Este informe puede incluirse en el Recibo del orador de comentarios públicos que se completará antes de la reunión del Concejo 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 Regular Meeting

Tuesday, October 17, 2023, 6:00 p.m.

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

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE TO THE FLAG

4. 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 Filipino American History Month 5

6.2 Employee of the Quarter - David Welch, Associate Planner 6

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

7.1 Port of San Diego Proposed Zero Emission Truck Stop, National City 8

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

9. 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 requests an item be removed for discussion. Items removed from the Consent Calendar will be considered immediately following the adoption of the Calendar.

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

9.2 Amendments to On-Call Consultant Agreements for City’s Capital Improvement Program (CIP)
20 Recommendation:

Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, authorizing the Mayor to execute 1) a First Amendment to the Agreement with Neri Landscape Architecture to increase the not-to-exceed amount by $1,000,000; 2) Second Amendments to the Agreements with a) Anser Advisory, b) Innovative Construction Consulting Services, LLC, and c) STC Traffic, Inc. to extend Agreements by one year and increase the not-to-exceed amounts by $1,000,000 each, including an hourly rates update; and 3) Third Amendments to the Agreements with a) Chen Ryan Associates, Inc. and b) Project Professionals Corporation to extend Agreements by one year and increase the not-to-exceed amounts by $1,000,000 each, including hourly rate updates.

9.3 Warrant Register #7 for the period of 8/11/23 through 8/17/23 in the amount of $2,585,630.15.
45 Recommendation:

Ratify Warrants Totaling $ 2,585,630.15

9.4 Warrant Register #8 for the period of 8/18/23 through 8/24/23 in the amount of $ 2,818,862.23
49 Recommendation:

Ratify Warrants Totaling $ 2,818,862.23

9.5 Warrant Register #9 for the period of 8/25/23 through 8/31/23 in the amount of $ 770,025.86
54 Recommendation:

Ratify Warrants Totaling $ 770,025.86

Page 2 of 229 ends

9.6 Warrant Register #10 for the period of 9/01/23 through 9/07/23 in the amount of $ 2,927,081.05
59 Recommendation:

Ratify Warrants Totaling $ 2,927,081.05

10. PUBLIC HEARING
The following item(s) have been advertised as public hearing(s) as required by law.

10.1 Public hearing for an Appeal of a Planning Commission Denial of a Request for a Conditional Use Permit (CUP) for on-sale beer and wine (Type 41) at a new restaurant (Manna Heaven BBQ) located at 3030 Plaza Bonita Road, suite 1096.
65 Recommendation:

Staff recommends approving the appeal, reversing the Planning Commission decision based on the attached findings or findings determined by the City Council.

10.2 Public Hearing- Conditional Use Permit for Alcohol Sales and Karaoke at a New Entertainment Center (Round 1 Bowling & Arcade) to be located at 3030 Plaza Bonita Road Suite 1025, Westfield Plaza Bonita.
97 Recommendation:

Staff recommends Approval of the Sale of On-Site Beer, Wine, and Distilled Spirits with Live Entertainment, Subject to the Recommended Conditions in the Attached Resolution and a Determination that the Project is Exempt from CEQA. The Sale of Alcohol is a Conditionally-Allowed Use in the MXD-2 Zone and would be Accessory to Food Sales at the Proposed Entertainment Center.

10.3 Declaration that the real property owned by the City and located at 720 West 23rd Street in National City (APN 559-118-02) is surplus land, no longer needed for City purposes, and is non-exempt under the Surplus Land Act. 130
Recommendation:

Staff Recommends Adopting the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Declaring that the Real Property Located at 720 West 23rd Street (APN 559-118-02) is Surplus Land, is No Longer Needed for City Purposes, and is Non-Exempt under the Surplus Land Act.”

Page 3 of 229 ends

11. STAFF REPORTS

11.1 Annual Review of City Council Policy Manual 135
Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Amending City Council Policy Nos. 104, 108, 111, 112 (eliminate),115, 117, 204, 205, 301, 401, 402, 603, and 711 (eliminate)”

11.2 Consideration of the Legal Opinion Regarding Primary Voting System 222 Recommendation:

Provide Direction to Staff Regarding Options Provided in the Legal Opinion Regarding Primary Voting System.

12. CITY MANAGER’S REPORT

13. ELECTED OFFICIALS REPORT

14. CITY ATTORNEY REPORT

15. ADJOURNMENT
Regular Meeting of the City Council of the City of National City - Tuesday, November 7, 2023 - 6:00 p.m. - Council Chambers - National City, California.

Page 4 of 229 ends

Page 5 of 229 ends

Page 6 of 229 ends

Page 7 of 229 ends

Zero Emission Truck Stop, National City
Maritime Clean Air Strategy, Truck Objective 2a
Maggie Weber, Principal of Strategic Planning, Energy & PolicyPage 8 of 229 2 Maritime Clean Air Strategy – Health Equity for All
Heavy-Duty Truck Zero Emission Goals
• 40% zero emission truck trips by
June 30, 2026
• 100% zero emission truck trips by
end of 2030
Truck Objective 2A: Identification of
four locations for zero emission truck
charging by the end of 2022
Also, in Alignment with CERP: GOAL3. Establish ZEV
HD/MD truck charging infrastructure in Portside, by
specified dates in Action E1, with 4 sites operational by 2026.Page 9 of 229 3 Implementation Timeline
MCAS Truck Objective 2A
June
2022
Summer
2022
September
2022
November
2022
Spring/
Summer
2023
October
2021
Fall 2023
MCAS
Adoption
Truck
Transition
Plan
Complete ZE
Infrastructure
Request for
Information
Open
Stakeholder
Engagement
Board
Item:

Directed
to move
forward
with
Request
for
Proposal
ZE Truck
Stop
Request
for
Proposal
Open
Negotiations
and
Stakeholder
Engagement
Board Decision
and Project
Commencement
Anticipated
December
2023

Page 10 of 229 ends

“
1 3
2 4
National City
Chula Vista
Imperial
Beach
San Diego
San Diego
Coronado

1. Dirt Lot @ TAMT (San Diego)

2. Pepper Oil (National City)

3. 19th Street/ Tidelands Ave.

NORTH (National City)

4. 19th Street/ Tidelands Ave.

SOUTH (National City)
Map of RFI Proposed
ZE Truck Infrastructure Sites

Page 11 of 229 ends

5 Zero Emission Truck Stop
• Request for Proposals (April 24, 2023 - August 9, 2023) • Respondents asked to submit a proposal that includes:
• Project design in a phased approach, specifying how
many EVSE units and their energy level, location, and
triggers
• Business model (e.g., Charging as a Service,
Trucking as a service, revenue share)
• Distributed Energy Resources (e.g., Solar panels,
microgrid battery)
• Community Benefit

Page 12 of 229 ends

6 Zero Emission Truck Stop RFP Responses
High-level Summary of Proposals Received (6):
• Design Parcel 1, 2, or 3 or combination thereof
• Phases as needed
• Triggered by 10 – 30% utilization rate
• Phase 1: 10 – 27 dual EVSEs (150kW – 360kW)
• Charging as a service, Trucking as a service
• Revenue shares 1% – 30% total gross revenue
• Lease Terms 10 – 50 years
• Varying rent structures tied to revenue shares
• Distributed Energy Resources
• Solar: 400 kW – 6,000 kW
• Battery: 2,000 kWh – 40,000 kWh
1 2
3

Page 13 of 229 ends

7 Zero Emission Truck Stop RFP Responses
Community Benefit:
• Workforce development in EV space
• Free or discounted charging for Community
• STEM programming
• PAIR program funding
• Increase tree canopy
• Develop clean energy curriculum for schools
• Stipend for licensed electricians to get EVITP certified • Mural space and stipend for local artists
• High paying jobs, local hire preference
1 2
3

Page 14 of 229 ends

8 Proposed Zero Emission Truck Stop Digital Renderings

Page 15 of 229 ends

9 Proposed Zero Emission Truck Stop Digital Renderings

Page 16 of 229 ends

10 Proposed Zero Emission Truck Stop Digital Renderings

Page 17 of 229 ends

11 Upcoming Stakeholder &
Community Engagement
MCAS Community Objective 1:

Rely on established processes for stakeholders and the public to provide input in the selection, deployment, and on-going monitoring of emission reduction projects.
 9/21 – Maritime Stakeholder Forum
 10/17 – National City, City Council
 10/18 – Barrio Logan Community Planning Group
 11/28 – AB 617 Steering Committee
 Ongoing – Coordination with Caltrans, SDG&E, &
SANDAG

Page 18 of 229 ends

Maggie Weber, Principal of Strategic Planning, Energy & Policy [email protected] 619-686-6598Page 19 of 229

AGENDA REPORT

Department: Engineering & Public Works
Prepared by: Tirza Gonzales, Operations Manager
Meeting Date: Tuesday, October 17, 2023
Approved by: Ben Martinez, Interim City Manager

SUBJECT:

Amendments to On-Call Consultant Agreements for City’s Capital Improvement Program (CIP)

RECOMMENDATION:

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

The Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for various engineering, architectural and construction support services, housing and real estate development services, and environmental compliance services on May 1, 2019.

The RFQ was advertised on the City’s website, published in the San Diego Union Tribune, e - mailed to over 100 professional consulting firms and also advertised on PlanetBids where over 400 firms were notified. Additionally, the City hosted an Information Session re garding the RFQ process on May 14, 2019 at the MLK Jr. Community Center to encourage local participation, which was attended by over 100 people. The Department received 71 Statement of Qualifications (SOQs) from various firms by the June 10, 2019 deadline.

Based on the strength of their SOQs, interviews and past performance, the City of National City entered into Agreements with several consultants to provide on-call support services for National City’s Capital Improvement Program (CIP). The original Agreements were all for a not-to-exceed amount of $2,000,000 and a term of three years, with the option to extend for two one -year extensions.

Based on the consultant’s performances and quality of work, expiring agreements, increased staffing demands, and to ensure timely completion of CIPs, if approved tonight, action would authorize the City to execute a:

Page 20 of 229 ends

1. First Amendment to increase the not-to-exceed amount of the Agreement by $1,000,000 for a total not-to-exceed amount of $3,000,000, for the below listed consultant:

a. Neri Landscape Architecture, Inc.: Landscape architecture (including urban planning and design).

2. Second Amendments to extend Agreements by one year and increase the not-to-exceed amounts of the Agreements by $1,000,000 each, including an hourly rates update, for total not-to-exceed amounts of $4,000,000 each, for the below listed consultants:

a. Anser Advisory: Project management; engineering; construction management, inspections and certified payroll; plan reviews; constructability reviews; community outreach and communications

b. Innovative Construction Consulting Services, LLC: Project management; engineering construction management; inspection and certified payroll; plan reviews; constructability reviews; community outreach and communications

c. STC Traffic, Inc.: Project management; traffic engineering; transportation planning; traffic signal communications infrastructure and systems integration; plan reviews; constructability reviews; construction support; grants management; comm unity outreach and communications.

3. Third Amendments to extend Agreements by one year and increase the not -to-exceed amounts of the Agreements by $1,000,000 each , including hourly rate updates, for total not-to-exceed amounts of $5,000,000 each, for the below listed consultants:

a. Chen Ryan Associates, Inc.: Project management; civil engineering; traffic engineering; transportation planning; plan reviews; constructability reviews; long range planning for multiple disciplines; grants management; and, commun ity and communications

b. Project Professionals Corporation: Project management; engineering construction management; inspection and certified payroll; plan reviews; constructability reviews; community outreach and communications.

Due to the size and type o f projects and the expertise of the consultants, expenditure amounts may vary amongst the firms. Consultant tasks will be performed on an as -needed on-call basis and funded by appropriations approved through CIP and Budget process. The City’s 5-Year CIP projects estimated at approximately $73 million in capital improvements over the next five years.

The City’s implementation rate averages about fifteen projects a year totaling approximately $15.3 million. Staff plans to advertise a new Request for Qualifications in 2024.

Staff recommends authorizing the Resolution as stated.

Page 21 of 229 ends

Consultant* Reso No.

Agreement
Start Date/
Amendment
End Dates

Original
Agreement

First
Amendment
Second
Amendment
Third
Amendment
Total
Agreement
Total
Expenditures &
Encumbrances as
of Sept. 2023

1. Neri Landscape

2021-119

09/07/2021

$2,000,000
$1,000,000 N/A N/A $3,000,000 $2,003,239.64

2. Anser Advisory
First Amendment

2019-150
2022-172

11/5/2019
11/04/2023

$2,000,000

$1,000,000
$1,000,000 N/A $4,000,000 $948,936.87

3. Innovative Construct (ICCS)
First Amendment

2019-151
2022-172

11/5/2019
11/04/2023

$2,000,000

$1,000,000
$1,000,000 N/A $4,000,000 $1,700,844.50

4. STC Traffic, Inc.

First Amendment

2019-164
2022-172

11/19/2019
11/18/2023

$2,000,000

$1,000,000
$1,000,000 N/A $4,000,000 $837,981.74

5. Chen Ryan Associates, Inc.

First Amendment
Second Amendment

2019-163
2021-122
2022-172

11/19/2019
Funds Only
11/18/2023

$2,000,000
$1,000,000

$1,000,000

$1,000,000 $5,000,000 $3,106.498.60

6. Project Professionals Corp.

First Amendment
Second Amendment

2019-152
2021-121
2022-172

11/5/2019
Funds Only
11/04/2023

$2,000,000
$1,000,000

$1,000,000

$1,000,000 $5,000,000 $3,490,145.51

*See Exhibit B for Consultant Projects/Tasks

Page 22 of 229 ends

FINANCIAL STATEMENT:

Funds appropriated through CIP Process.

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 – Amendments
Exhibit B – Consultant Projects and Tasks
Exhibit C – Resolution

Page 23 of 229 ends

EXHIBIT A

Page 24 of 229 ends

Page 25 of 229 ends

Page 26 of 229 ends

Page 27 of 229 ends

Page 28 of 229 ends

Page 29 of 229 ends

Page 30 of 229 ends

Page 31 of 229 ends

Page 32 of 229 ends

Page 33 of 229 ends

Page 34 of 229 ends

Page 35 of 229 ends

Page 36 of 229 ends

Page 37 of 229 ends

Page 38 of 229 ends

EXHIBIT B

1. Neri Landscape Architecture, Inc.

CIP/TASK # DESCRIPTION
19-33 Paradise Creek Educational Park Extension
21-28 Paradise Creek Wetland Expansion and Park Site
21-29 Las Palmas Park Pool Site Feasibility Study
22-15 Las Palmas Park Pool Building Outreach
22-20 Las Palmas Park Wellness Center & Restrooms
22-43 Kimball Park Improvements and Las Palmas Dog Park 22-26 El Toyon Park Proposition 68 Grant Improvements
22-22 El Toyon Park Community Center & Fire Station 33

2. Anser Advisory
CIP/TASK # DESCRIPTION
19-18 National City Blvd. Bikeway
19-20 Sweetwater Rd Protected Bike
19-80 Grant Services
19-81 Grant Management
22-35 Construction Management On-Call
22-47 Wastewater Rate Analysis, Support, Master Plan
23-7 Wastewater Tax Roll Update

3. Innovative Construction Consulting Services, Inc.

CIP/TASK # DESCRIPTION
15-05 Paradise Creek Restoration
18-10 Euclid Bicycle & Ped Enhancements
18-11 Paradise Creek Water Quality
18-14 Sweetwater Bike Path
19-02 El Toyon Las Palmas Bicycle Corridor
19-04 Citywide Safe Routes to School
19-05 Palm Ave Rehab
19-17 Division - Euclid to Harbison
19-19 Roosevelt Smart Growth
19-35 Paradise Creek Mitigation Project at Kimball Way
19-38 16th St. Rehab
19-45 Civic Center ADA Access
22-01 Las Palmas Pool
21-18 Paradise Creek Drainage Channel Improvement
22-06 MLK Community Center Project

Page 39 of 229 ends

4. STC Traffic, Inc.

CIP/TASK # DESCRIPTION
19-12 Sweetwater Road Median and Lighting Improvement HSIP8 19-22 HSIP 9 Citywide Protected Left-Turn Enhancements
19-89 General Professional Services
19-90 Citywide Traffic Signal and ADA Improve (HSI6)
19-91 Pedestrian ADA Improvements
19-92 Traffic Signal Communications Upgrade
19-93 Paradise Creek Construction Support
21-04 HSIP Cycle 10 Grant Applications
21-12 Caltrans STP Grant Division and Osborn Traffic Signal Plan Review 21-20 Parking Action Plan Implementation Amendment
21-84 Citywide Camera Services
21-85 Palm Ave and 16th St Signal Modification
21-86 Euclid Avenue Bicycle and Pedestrian Enhancements 21-87 Mile of Cars Way Signal Timing Improvements
21-88 Cameras at Paradise Creek Park
21-89 Camera Troubleshooting
22-29 Downtown National City Parking Occupancy Survey
22-51 Plaza Blvd. Traffic Signal System Assess/Corridor Synchronization 22-52 22/23 Engineering and Traffic Surveys of Speed Limits 22-82 Parking Management Support Services
22-83 Traffic Signal and Systems Support Services
23-90 Misc. Engineering Support Services

5. Chen Ryan Associates, Inc.

CIP/TASK # DESCRIPTION
19-18 National City Blvd. Bike Connection
19-20 Sweetwater Road Protected Bikeway
19-24 Bayshore Bikeway Segment 5
19-94 National City SSARP
19-95 24th Street TODO
21-02 Sustainable Transportation Equity Project GRANT Application (STEP) 21-25 W. 19th Street Greenway
21-92 As-Need Professional Support Services
22-13 Highland Ave Inter-City Bike Connection PA/ED
22-16 Citywide Pedestrian Safety Enhancements
22-23 NC Bayfront EIR
23-91 Local Coast Plan Update

Page 40 of 229 ends

6. Project Professionals Corporation
CIP/TASK # DESCRIPTION
18-07 Paradise Creek Park III
18-10 Euclid Ave Ped & Bike Enhancements
18-14 Sweetwater River Bikeway
18-16 Paradise Creek Park Expansion
19-05 Palm Ave Road Rehab
19-08 Fiber Optic TS Interconnect (HSIP)
19-09 Pedestrian ADA Improvements (HSIP)
19-11 Paradise Creek Water Quality and Community Enhancement 19-12 Sweetwater Rd Safety Enhancements (HSIP)
19-13 Citywide Ped Safety Imps (HSIP)
19-14 E. 4th St. Protected L-T Enhancements (HSIP)
19-15 Citywide Safety Lighting Enhancements (HSIP)
19-33 Paradise Creek Educational Park Extension
19-43 P1- Sewer Upsizing
19-50 Las Palmas Pool Facility Roof
19-51 Camacho Gym Roof Replace
19-52 Compliance Monitoring for Civic Center Boiler
19-53 Compliance Review for City Hall Replacement
20-01 P1- Sewer Upsizing Phase II
20-03 Civic Center Basement Power Upgrade
20-04 Police Department Generator and Electrical Upgrades 20-05 Police Pistol Range Safety Improvements
20-06 Camacho Gym Windows
20-07 Camacho Rec Center HVAC
20-85 Earle Drive Sinkhole Repair
20-86 Granger Avenue Sinkhole Repair
21-01 City Hall New Hallway Door
21-06 City Hall City Clerk Window Upgrade
21-07 City Hall Neighborhood Services Window
21-19 Conceptual Master Plan Update
21-24 City Hall Seismic Retrofit
22-19 SB1 Street Resurfacing
22-39 Storm Drain Repair on V Ave
22-40 Camacho Rec Center ADA
22-42 Police Dept. Parking Structure Waterproofing Project 22-50 Camacho Gym Doors
22-56 Professional Services for Proposed PLA
23-06 Kimball Dog Park, Tot Lot, and Las Palmas Dog Park 23-10 MLK Community Center Office Improvements
23-92 Paradise Valley Emergency Creek Restoration
23-93 NPDES Administration
23-94 Solid Waste Administration
23-95 Wastewater Administration

Page 41 of 229 ends

RESOLUTION NO. 2023 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY , CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE 1) A FIRST AMENDMENT

TO THE AGREEMENT WITH NERI LANDSCAPE ARCHITECTURE TO INCREASE THE NOT-TO-EXCEED AMOUNT BY $1,000,000; 2) SECOND AMENDMENTS TO THE

AGREEMENTS WITH A) ANSER ADVISORY , B) INNOVATI VE CONSTRUCTION CONSULTING SERVICES, LLC , AND C) S TC TRAFFIC, INC. TO EXTEND

AGREEMENTS BY ONE YEAR AND INCREASE THE NOT -TO-EXCEED AMOUNTS BY $1,000,000 EACH , INCLUDING AN HOURLY RATES UPDATE ; AND 3) THIRD AMENDMENTS TO THE AGREEMENTS WITH A) CHEN RYAN ASSOCIATES, INC.

AND B) PROJECT PROFESSIONALS CORPORA TION TO EXTEND AGREEMENTS BY ONE YEAR AND INCREASE THE NOT -TO-EXCEED AMOUNTS BY $1,000,000 EACH, INCLUDING HOURLY RATE UPDATES.

WHEREAS, the Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for various engineering, architectural and construction support services, housing and real estate development services, and environmental compl iance services on May 1, 2019; and

WHEREAS, based on the strength of their Statements of Qualifications, interviews and past performance , the City of National City entered into agreements with several consultants to provide on -call support services for National City’s Capital Improvement Program (CIP); and

WHEREAS, t he original agreements were each for a not -to-exceed amount of $2,000,000 and a term of three years, with the option to exte nd for two one -year extensions; and
WHEREAS, based on the consultants’ performances and quality of work, expiring agreements, increased staffing demands, and to ensure timely completion of CIPs, the City and the below listed consultants desire to execute:

1. A First Amendment to increase the not-to-exceed amount of the agreement by $1,000,000 for a total not-to-exceed amount of $3,000,000, for the below listed consultant:

a. Neri Landscape Architecture: Landscape architecture (including urban planning and design)

Original Agreement Reso No. 2020-11 on January 21, 2020

2. Second Amendments to extend agreements by one year and increase the not- to-exceed amounts of the agreements by $1,000,000, including a rates update, each for total not-to-exceed amounts of $4,000,000 each, for the below listed consultants:

Page 42 of 229 ends

a. Anser Advisory: Project management; engineering; construction management, inspections and certified payroll; plan reviews; constructability reviews; community outreach and communications

Original Agreement Reso No. 2019-150 on November 5, 2019 First Amendment Reso No. 2022-172 on November 1, 2022

Original Agreement Reso. No. 2019-151 on November 5, 2019 First Amendment Reso. No. 2022-172 on November 1, 2022

Original Agreement Reso. No. 2019-176 on December 3, 2019 First Amendment Reso. No. 2022-172 on November 1, 2022

3. Third Amendments to extend agreements by one year and increase the not-to- exceed amounts of the agreements by $1,000,000 , including rate updates, each for total not-to-exceed amounts of $5,000,000 each, for the below listed consultants:

Original Agreement Reso. No. 2019-163 on November 19, 2019 First Amendment Reso. No. 2021-122 on September 7, 2021 Second Amendment Reso No. 2022-172 on November 1, 2022

Original Agreement Reso. No. 2019-152 on November 5, 2019 First Amendment Reso. No. 2021-121 on September 7, 2021 Second Amendment Reso No. 2022-172 on November 1, 2022

Page 43 of 229 ends

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 1) a First Amendment to the agreement with Neri Landscape Architecture to increase the not- to-exceed amount by $1,000,000; 2) Second Amendment s to the agreements with a) Anser Advisory, b) Innovative Construction Consulting Services, LLC, and c) STC Traffic, Inc. to extend agreements by one year and increase the not -to-exceed amounts by $1,000,000 each , including an hourly rates update ; and 3) Third Amendment s to the agreements with a) Chen Ryan Associates, Inc. and b) Project Professionals Corporation to extend Agreements by one year and increase the not -to-exceed amounts by $1,000,000 each, including hourly rate updates.

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 17th day of October, 2023.

Ron Morrison, Mayor

ATTEST:

Shelley Chapel, MMC, City Clerk

APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

Page 44 of 229 ends

AGENDA REPORT

Department: Finance
Prepared by: Karla Apalategui, Sr. Accounting Assistant Meeting Date: Tuesday, October 17, 2023
Approved by: Ben Martinez, Interim City Manager

SUBJECT:

Warrant Register #7 for the period of 8/11/23 through 8/17/23 in the amount of $2,585,630.15.

RECOMMENDATION:

Ratify Warrants Totaling $ 2,585,630.15

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

Per Government Section Code 37208, below are the payments issued for period 8/11/23 – 8/17/23. Consistent with Department of Finance’s practice, listed below are all payments above $50,000.

Vendor Check/Wire Amount Explanation
Devaney, Pate, Morris 364762 $124,573.58 Legal Services Bureau Veritas 364758 $ 75,783.41 Building/Plan Review Kaiser Foundation 364769 $239,833.33 Group# 104220 Sept 2023 Public Emp Ret System 230817 $319,632.90 Service Period 7/25/23-8/7/23 City of San Diego 3676 $1,711,914.00 Municipal Sewer Transport Fee

FINANCIAL STATEMENT:

Warrant total $ 2,585,630.15

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 – Warrant Register 7

Page 45 of 229 ends

PAYEE DESCRIPTION CHK NO DATE AMOUNT
CMO
GARCIA REIMBURSEMENT FOR CULTURE CLUB COFFEE 364765 8/17/23 323.8 7 Total for Department 323.87
City Clerk
RODRIGUEZ REFUND OF DEPOSIT - CITIZEN INITIATIVE - 364752 8/14/23 200.00 Total for Department 200.00
City Attorney
CEB BOOK 364760 8/17/23 1,086.30
DEVANEY PATE MORRIS & CAMERON LEG AL SERVICES 364762 8/17/23 124,57 3.58 Total for Department 126,707.62
Housing / Section 8
LASER SAVER INC MOP HP M751 658 1 BLACK AND CYAN TONER C 364770 8 /17/23 2,625.78 SMART SOURCE OF CALIFORNIA LLC PO WINDOW ENVELO PES WITH RETURN ADDRESS 364785 8/17/23 937.97 Total for Department 3,563.75
Police
ACADEMI TRAINING CENTER LLC OFFICER RANGE TRAINING 364754 8/17/23 2,061.67 SYMBOLARTS, LLC 10 NEW OFFICER BADGES 364789 8/17/23 4,568.75 SAN DIEGO MIRAMAR COLLEGE TRAINING AOT TUITION ACEVDO WADSWRTH 36 4778 8/17/23 46.00 SAN DIEGO MIRAMAR COLLEGE TRAINING AOT TUITION 364779 8/17/23 46.0 0 Total for Department 6,722.42
Engineering / PW's
AIRGAS USA LLC MOP 45714 SAFETY SUPPLIES FY24-PW/PARKS 364755 8/1 7/23 441.72 CALIFORNIA DIESEL COMPLIANCE AUTO MAINTENANCE FY24-PW/EQM 364759 8/17/23 335.00 GRAINGER MOP 65179 GENERAL SUPPLIES FY24-PW/FACILITIE S 364767 8/17/23 10.20 LEFORT'S SMALL ENGINE REPAIR MOP 80702 OIL MIX FY24-PW/STREETS 36 4771 8/17/23 74.87 MASON'S SAW MOP 45729 LANDSCAPE SUPPLIES FY24-PW/PAR 364773 8/17 /23 774.06 POWERSTRIDE BATTERY CO INC AUTO BATTERIES FY24-PW/EQM 364775 8/17 /23 2,625.33 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY24-PW/STREE 364776 8/17/23 1,139.57 PRUDENTIAL OVERALL SUPPLY MOP 45742 LAUNDRY SERVICES FY24-PW/PAR KS 364777 8/17/23 150.10 SEDANO FORD OF LM, INC. R&M CITY VEHICLES FY24-PW/EQM 364781 8/17 /23 2,264.84 SITEONE LANDSCAPE SUPPLY LLC MO P 69277 LANDSCAPE SUPPLIES FY24-PW/PAR 364783 8/17/23 342.46 SONSRAY MACHINERY LLC AUTO GL ASS FY24-PW/EQM 364786 8/17/23 474.92 STAPLES BUSINESS ADVANTAGE MOP 45704 BUILDING/STAPLES OFFICE SUPPLI 364787 8/17/23 139.73 T MAN TRAFFIC SUPPLY MOP 76666 TRAFFIC SIGN SUPPLIES FY24-PW/ 364 791 8/17/23 915.80 UNDERGROUND SERVICE ALERT UNDERGROUND SERVICE ALERT FY24-PW/SEWE R 364794 8/17/23 1,025.15 24 HOUR ELEVATOR INC CITY WIDE E LEVATOR SERVICE AND REPAIRS 36475 3 8/17/23 12,279.38 FASTSIGNS COMMUNICATIONS AND SIGNAGE SERVICES FY23 364764 8/17/23 669.67 WARRANT REGISTER # 7
8/17/2023
1/3Page 46 of 229

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 7
8/17/2023
SWEETWATER AUTHORITY WATER BILL FOR PARKS DIVISION FY 2023 364788 8/17/23 112.92 THE BUMPER GUY INC PARTS~ 364792 8/17/23 5,989.10
Total for Department 29,764.82
Planning / Building
BUREAU VERITAS N AMERICA INC BUILDING/BUREAU VERITAS INVOICE 3647 58 8/17/23 75,783.41 ESGIL LLC BUILDING/ESGIL INVOICE 364763 8/17/23 16,248.95 SILVER & WRIGHT LLP NSD/SILVER & WRIGHT LLP 364782 8/17/23 10,149. 70 SMART SOURCE OF CALIFORNIA LLC PLANNING BUSIN ESS CARDS 364785 8/17/23 184.88 STAPLES BUSINESS ADVANTAGE MOP 45704 BUILDING/STAPLES OFFICE SUPPLI 364787 8/17/23 433.46 THE STAR NEWS PLANNING/THE STAR-NEWS AD 364793 8/17/23 889.19 U S BANK AMAZON JUMBO STAPM 399815 8/11/23 11.95
Total for Department 103,701.54

Finance
BRINK'S INCORPORATED TRANSPORTATION - BILLING PERIOD 08/01/23 364 757 8/17/23 555.73 HDL COREN & CONE 2022-23 ACFR STATISTICAL PACKAGE 364768 8/17/23 6 95.00 KAISER FOUNDATION HEALTH PLAN GROUP # 104220 SEPTEMBER 2023 KAIS ER INS 364769 8/17/23 239,833.33 Total for Department 241,084.06

Community Services/Nutrition/Library
MCGHEE RFW EMPLOYEE REIMBURSEMENT JOANNE MCGHE 364774 8/17/23 128. 44 SMART & FINAL MOP 45756 SENIOR MORNING SOCIALS SUPPLIE 364784 8/1 7/23 82.15 COZZINI BROS., INC. KNIFE CLEAN ING SERVICE 364761 8/17/23 36.00 SEAPORT MEAT COMPANY FOOD 364780 8/17/23 843.24
SYSCO SAN DIEGO INC FOOD 364790 8/17/23 6,858.05
BAKER & TAYLOR BAKER AND TAYLOR/BOO KS/FY24 364756 8/17/23 2,837.06 SMART SOURCE OF CALIFORNIA LLC BUSIN ESS CARDS 364785 8/17/23 164.90 Total for Department 10,949.84
Fire
GRAINGER MOP #65179, BATTERY, LITHIUM, XIZ 123,3V 364767 8/17/23 4 2.37 PRUDENTIAL OVERALL SUPPLY MOP 45742 LAUNDRY SERVICES FY24- FIRE 3 64777 8/17/23 25.00 STAPLES BUSINESS ADVANTAGE MOP 45704 BUILDING/STAPLES OFFICE SUPPLI 364787 8/17/23 148.87 Total for Department 216.24
Human Resources
GOVERNMENT TRAINING AGENCY SD EMPLOYMENT RELATIONS CONSORTIUM (E RC) 364766 8/17/23 2,588.00 LIEBERT CASSIDY WHITMORE LCW WEBINAR - ADVANCED STRIKE TRAINING O 364772 8/17/23 100.00 Total for Department 2,688.00
A/P Warrant Total 525,922.16
2/3Page 47 of 229

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 7
8/17/2023

WIRED PAYMENTS
City Attorney
U S BANK US BANK / CAO 399815 8/11/23 1,126.28
Finance
PUBLIC EMP RETIREMENT SYSTEM SERVICE PERIOD 07/25/23 -08/07/23 2 30817 8/17/23 319,632.90 Human Resources
PAYCHEX BENEFIT TECH INC BENETRAC ESR SERVICES BASE FEE - AUGUST 611086 8/11/23 660.71 Engineering / PW's
CITY OF SAN DIEGO MUNICIPAL SEW ER TRANSPORT FEES FY24 3676 8/14/ 23 1,711,914.00 SECTION 8 HAPS Start Date End Date
8/11/2023 8/17/2023 26,374.10
GRAND TOTAL 2,585,630.15
3/3Page 48 of 229

AGENDA REPORT

Department: Finance
Prepared by: Karla Apalategui, Sr. Accounting Assistant Meeting Date: Tuesday, October 17, 2023
Approved by: Ben Martinez, Interim City Manager

SUBJECT:

Warrant Register #8 for the period of 8/18/23 through 8/24/23 in the amount of $ 2,818,862.23

RECOMMENDATION:

Ratify Warrants Totaling $ 2,818,862.23

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

Per Government Section Code 37208, below are the payments issued for period 8/18/23 – 8/24/23. Consistent with Department of Finance’s practice, listed below are all payments above $50,000.

Vendor Check/Wire Amount Explanation
ARJIS 364802 $88,294.73 ARJIS Fees FY24
SDG&E 364864 $133,969.26 Gas & Electric for Facilities Chen Ryan Assoc 364809 $187,627.61 Bayshore Bikeway Segment 5 Eng/PW E&H General Contr 364822 $59,139.49 CIP 22-06 MLK Comm Center Eng/PW LC Paving & Sealing 364838 $507,373.45 CIP 19-20 Sweetwater road Bikeway

FINANCIAL STATEMENT:

Warrant total $ 2,818,862.23

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 – Warrant Register No. 8

Page 49 of 229 ends

PAYEE DESCRIPTION CHK NO DATE AMOUNT
Mayor & Council
MOLINA REIMBURSEMENT - NALEO CONFERENCE 364845 8/24/23 1,039.77 TSUNAMI CREATIVE SERVICES 4TH OF JULY - CM YAMANE'S BOOTH 364886 8/24/23 720.00 Total for Department 1,759.77
City Attorney
DEVANEY PATE MORRIS & CAMERON L EGAL SERVICES 364820 8/24/23 37,567 .41 SCHULTZ TRAVEL & TRAINING 364863 8/24/23 1,180.73
THOMSON REUTERS WEST SUBCRIPTIONS~ 364884 8/24/23 1,214.94 Total for Department 39,963.08
Housing/Section 8
MRI SOFTWARE LLC ANNUAL HAPPY SUBSCRIPTION RENEWAL 364846 8/24/23 31,980.17 STAPLES BUSINESS ADVANTAGE OFFICE SUPPLIES 364874 8/24/23 407.96 Total for Department 32,388.13
CMO
DEVANEY PATE MORRIS & CAMERON LEG AL SERVICES - PORT OF SAN DIEGO 364820 8/24/23 1,100.00 SPARKLETTS WATER - FINANCE DEPARTMENT 364873 8/24/23 90.93 STAPLES BUSINESS ADVANTAGE OFFICE SUPPLIES 364874 8/24/23 488.16 Total for Department 1,679.09
Police
ACE UNIFORMS & ACCESSORIES INC C SO LORENA PATRON 364796 8/24/23 1, 329.30 ARJIS ARJIS FEES FY 24 364802 8/24/23 88,294.73
CYRACOM INTERNATIONAL, INC JULY LANGUAGE LINE FOR DISPATCH 364813 8/24/23 61.10 DEPT OF JUSTICE DOJ FINGERPRINTING JULY 364819 8/24/23 98.00 EXPERIAN JULY CREDIT CHECKS 364824 8/24/23 50.24
FIT TO WORK INC LT. WALTERS ER GONOMIC EVALUATION 364826 8/24/23 44 0.00 MAN K9 INC JULY TRAINING 364842 8/24/23 1,870.00
POLICE AND FIRE PSYCHOLOGY JULY PSYCH EXAMS 364854 8/24/23 700.00 SMART SOURCE OF CALIFORNIA LLC MOP 24302 PRINTING PD 364869 8/24/ 23 437.37 SOUTHERN CALIFORNIA CERTIFICATION OF 6 LIDAR GUNS 364871 8/24/23 8 72.00 THOMSON REUTERS JULY INVESTIGATIO NS SUBSCRIPTION 364883 8/24/23 69 1.95 VCA EMERGENCY ANIMAL HOSPITAL EMERGENCY VET CARE 364887 8/24/23 2, 002.87 GUILLEN TRAINING POST REIM SDCRLI TRK 1 364830 8/24/23 127.00 Total for Department 96,974.56
Engineering / PW's
A & A AUTO GLASS INC FRONT GLASS INSTALLATION FY24-PW/EQM 364795 8/24/23 450.00 AIRGAS USA LLC MOP 45714 BUILDING S UPPLIES FY24-PW/FACI 364798 8/ 24/23 10.90 WARRANT REGISTER # 8
8/24/2023
1/4Page 50 of 229

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 8
8/24/2023
APS LIGHTING & SAFETY PRODUCTS M OP 87645 SAFETY SUPPLIES FY24-PW/EQM 364801 8/24/23 242.38 DANIELS TIRE SERVICE TIRES FOR CITY FLEET FY24-PW/EQM 364814 8/24 /23 3,747.01 FERGUSON ENTERPRISES 1350 MOP 45723 BUILDING SUPPLIES FY24-PW/FACI 364825 8/24/23 166.92 GRAINGER MOP 65179 BUILDING SUPPL IES FY24-PW/FACI 364828 8/24/23 7 09.29 HAAKER EQUIPMENT COMPANY PARTS AND SMALL EQUIMPMENT FY24-PW/EQM 3 64831 8/24/23 6,320.13 HOME DEPOT CREDIT SERVICES BUILDING SUPPLIES FY24-PW/FACILITIES 3 64834 8/24/23 216.27 JJJ ENTERPRISES FIRE AND SECURITY ALARM MONITORING FY23- 364836 8 /24/23 20,557.50 NATIONAL CITY TROPHY MOP 66556 OFFICE SUPPLIES FY24-PW/FACILI 364 847 8/24/23 118.80 O'REILLY AUTO PARTS MOP 75877 AUTO SUPPLIES FY24-PW/EQM 364849 8/ 24/23 214.77 PACIFIC PRODUCTS & SERVICES TRAFFI C CONTROL SUPPLIES FY24-PW/STREETS 364850 8/24/23 957.02 PARTS AUTHORITY METRO MOP 75943 AUTO SUPPLIES FY24-PW/EQM 364851 8/24/23 394.03 PARTS AUTHORITY METRO MOP 75943 AUTO SUPPLIES FY24-PW/EQM 364852 8/24/23 45.95 PERRY FORD-NATIONAL CITY LLC AUTO PARTS FY24-PW/EQM 364853 8/24/2 3 1,823.39 POWERSTRIDE BATTERY CO INC MOP 67839 AUTO BATTERY FY24-PW/EQM 364 855 8/24/23 125.01 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY24-PW/FACIL 364856 8/24/23 721.59 PRUDENTIAL OVERALL SUPPLY LAUNDRY 364859 8/24/23 308.39 RED WING BUSINESS WORK BOOTS FOR RUBEN HUERTA FY24-PW/EQM 364860 8/24/23 200.00 SAN DIEGO MECHANICAL ENERGY REPAIRS TO HVAC SYSTEMS FY23-PW/FACILITI 364861 8/24/23 2,254.00 SDG&E GAS AND ELECTRIC FOR FACILITIES FOR FY24 364864 8/24/23 133, 969.26 SDG&E GAS AND ELECTRIC UTILITIES FOR STREETS J 364865 8/24/23 11,2 03.35 SEDANO FORD OF LM, INC. R&M CITY VEHICLES FY24-PW/EQM 364867 8/24 /23 522.01 SITEONE LANDSCAPE SUPPLY LLC MOP 69277 LANDSCAPE SUPPLIES FY24-P W/PAR 364868 8/24/23 1,388.29 SOUTHWEST SIGNAL SERVICE MARKOU T REPORTS FY23-PW/STREETS 364872 8 /24/23 18,101.87 STAPLES BUSINESS ADVANTAGE OFFICE SUPPLIES 364874 8/24/23 227.19 SWEETWATER AUTHORITY WATER BI LL / WASTEWATER JUN-JUL FY23-PW 3648 76 8/24/23 233.94 T MAN TRAFFIC SUPPLY MOP 76666 STREET SIGN SUPPLIES FY24-PW/S 364 878 8/24/23 973.54 VULCAN MATERIALS COMPANY FINANCE CHARGES FY23-PW/STREETS 364888 8 /24/23 40.63 WAXIE SANITARY SUPPLY MISC JANITO RIAL SUPPLIES FY24-PW/FACILIT 36 4889 8/24/23 6,566.22 CHEN RYAN ASSOCIATES INC BAYSHOR E BIKEWAY SEGMENT 5- ENG/PW 36480 9 8/24/23 187,627.61 KIMLEY HORN 8TH AND ROOSEVELT- ENG/PW 364837 8/24/23 7,534.47 LEIGHTON CONSULTING INC CIP 22-19 NC ST RESURFACING- ENG/PW 36484 0 8/24/23 3,156.53 PROJECT PROFESSIONALS CORP CIP 20-05 PD PISTOL RNG SAFETY ENHMNT - E 364858 8/24/23 5,121.82 STC TRAFFIC INC CITYWIDE SPEED SURVEYS- ENG/PW 364875 8/24/23 11,9 03.77 ATLAS TECHNICAL CONSULTANTS, CIP 22-57 LAS PALMAS POOL IMPROVEMENT - 364803 8/24/23 871.00 CLEAN HARBORS ENVIRONMENTAL HOU SEHOLD HAZARDOUS WASTE - JULY 2023- E 364811 8/24/23 2,157.64 D-MAX ENGINEERING INC CIP 22-46 NC STORM WATER SERVICES FY22-2 36 4821 8/24/23 31,377.78 E & H GENERAL CONTRACTING INC CIP 22-06 MLK COMMMUNITY CENTER- E NG/PW 364822 8/24/23 59,139.49 ENTERPRISE FLEET MANAGEMENT ENTER PRISE FLEET LEASE MANAGEMENT - JULY 364823 8/24/23 45,225.01 FONTAINE REFUND OF OVERCHARGE OF SEWER CAPACITY F 364827 8/24/23 2 90.00 L C PAVING & SEALING INC CIP 19-20 SWEETWATER ROAD BIKEWAY - ENG/ 364838 8/24/23 507,373.45 MCCOLL T&A 90654 - REFUND OF BOND - 1431 E 5TH 364843 8/24/23 16,1 54.61 MISSION COMMUNICATIONS, LLC SUBSCRIPTION RENEWAL FOR SCADA FY24 - EN 364844 8/24/23 1,126.80 NV5 INC UTILITY PERMIT PLAN CHECK SERVICES - VER 364848 8/24/23 26 ,914.01 PROJECT PROFESSIONALS CORP CIP 22- 19 SB 1 STREET RESURFACING PROJEC 364857 8/24/23 28,111.13 TRI-GROUP CONSTRUCTION AND DEV CIP 19-33 PARADISE CREEK EDUCATIO NAL PAR 364885 8/24/23 18,936.81
Total for Department 1,165,831.58
2/4Page 51 of 229

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 8
8/24/2023
NSD
PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES / NSD 364856 8/24/23 366.13 PRUDENTIAL OVERALL SUPPLY LAUNDRY 364859 8/24/23 144.32 STAPLES BUSINESS ADVANTAGE OFFICE SUPPLIES 364874 8/24/23 264.17 THE SHERWIN WILLIAMS CO MOP 77816 PAINT SUPPLIES / NSD 364880 8/2 4/23 814.48 Total for Department 1,589.10
Risk
BOREEN LIABILITY CLAIM COST 364805 8/24/23 1,389.44
DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 364815 8/24/23 7,81 2.25 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 364816 8/24/23 2,32 6.00 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 364817 8/24/23 324. 50 Total for Department 11,852.19
Planning-Building
BUREAU VERITAS N AMERICA INC BUI LDING/BUREAU VERITAS JULY INVOICE 364806 8/24/23 41,541.76 LASER SAVER INC BD MOP#45725 LASER SAVER INVOICE 364839 8/24/23 32 8.22 THE STAR NEWS PLANNING THE STAR-NEWS INVOICE 364882 8/24/23 263.94 Total for Department 42,133.92
Finance
CITY OF NATIONAL CITY PETTY CASH REPLENISHMENT 364810 8/24/23 102 .77 SASI MONTHLY TRUST ACCOUNTING 364862 8/24/23 783.60
SOLANA CENTER RSWA SB 1383 COMPLI ANCE SUPPORT SVCS 7/0 364870 8/ 24/23 11,425.00 THE LINCOLN NATIONAL LIFE INS GRP # 415491 SEPTEMBER 2023 LIFE & AD&D 364879 8/24/23 9,769.20 THE SIMPLE WEB SOLUTION RSWA - W EB HOSTING AND DOMAIN 364881 8/24 /23 1,309.98 Total for Department 23,390.55
Community Services/Nutrition/Library
CASTILLO RFW DJ/MC FOR AGE FRIENDLY DANCE EVENT 7 364808 8/24/23 2 ,450.00 GUERRERO CONTRACT INSTRUCTOR PAYMENT FOR FEDERICO 364829 8/24/23 5 ,950.00 HERNANDEZ CONTRACT INSTRUCTOR PAYMENT FOR ZUMBA SU 364833 8/24/23 113.40 JERRYS PHOTO BOOTH RFW PHOTO B OOTH FOR AGE FRIENDLY DANCE E 36483 5 8/24/23 549.00 BOOT WORLD WORK BOOTS FOR MIGUEL PLASCENCIA 364804 8/24/23 448.54 PRUDENTIAL OVERALL SUPPLY LAUNDRY 364859 8/24/23 138.95 SDG&E GAS AND ELECTRIC UTILITIES / NUTRITION 364865 8/24/23 4,054. 47 SEAPORT MEAT COMPANY FOOD 364866 8/24/23 941.32
STAPLES BUSINESS ADVANTAGE OFFICE SUPPLIES 364874 8/24/23 403.17 SYSCO SAN DIEGO INC FOOD 364877 8/24/23 3,924.26
AMAZON CAPITAL SERVICES, INC. AMAZON/SUPPLIES/FY23 364800 8/24/23 53.78 Total for Department 19,026.89
3/4Page 52 of 229

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 8
8/24/2023
Fire
ACE UNIFORMS & ACCESSORIES INC H EROES PRIDE PATCHES / FIRE 364796 8/24/23 1,709.49 AMAZON COOSLEEP LARGE POWER LIFT RECLINER 364799 8/24/23 1,435.47 CAL FIRE CA STATE FIRE MARSHAL CERTIFICATION 364807 8/24/23 600.00 HAMEL REIMBURSEMENT- TRAINING, MASTERING FIRE 364832 8/24/23 459.0 0 Total for Department 4,203.96
Human Resources
ADMINSURE INC WORKERS' COMPENSAT ION CLAIMS - SEPTEMBER 364797 8/2 4/23 8,604.00 CONCENTRA MEDICAL CENTERS PRE-EMPLOYMENT PHYSICALS & DOT EXAM 364 812 8/24/23 1,797.00 DEPARTMENT OF JUSTICE NEW EMPLOYEE FINGERPRINT TEST RESULTS - 364 818 8/24/23 256.00 LIEBERT CASSIDY WHITMORE PERSONNEL MATTER 364841 8/24/23 7,533.38 STAPLES BUSINESS ADVANTAGE OFFICE SUPPLIES 364874 8/24/23 227.93 Total for Department 18,418.31
A/P Total 1,459,211.13

PAYROLL
Pay period Start Date End Date Check Date
18 8/8/2023 8/21/2023 8/30/2023 1,359,651.10
GRAND TOTAL 2,818,862.23
4/4Page 53 of 229

AGENDA REPORT

Department: Finance
Prepared by: Karla Apalategui, Sr. Accounting Assistant Meeting Date: Tuesday, October 17, 2023
Approved by: Ben Martinez, Interim City Manager

SUBJECT:

Warrant Register #9 for the period of 8/25/23 through 8/31/23 in the amount of $ 770,025.86

RECOMMENDATION:

Ratify Warrants Totaling $ 770,025.86

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

Per Government Section Code 37208, below are the payments issued for period 8/25/23 – 8/31/23. Consistent with Department of Finance’s practice, listed below are all payments above $50,000.

Vendor Check/Wire Amount Explanation
SDG&E 364941 $73,960.02 Outstanding balance street lights Project Professionals 364968 $76,684.70 CIP 20-01 P-1 Sewer Upsizing Phase II Health Net Inc 364920 $66,313.11 Grp# R1192A – September 2023 Public Emp Ret Syst 230831 $320,600.03 Service Period 8/8/23 – 8/21/23

FINANCIAL STATEMENT:

Warrant total $ 770,025.86

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 – Warrant Register No. 9

Page 54 of 229 ends

PAYEE DESCRIPTION CHK NO DATE AMOUNT
City Attorney
MEYERS, NAVE, RIBACK, SILVER LEGAL SERVICES 364927 8/31/23 494.00 COLANTUONO HIGHSMITH LEGAL SERVICE / CAO 364905 8/31/23 8.77 Total for Department 502.77
Housing/Section 8
COUNTY OF SAN DIEGO MAIL POSTAGE BILLING - JAN 2023 364907 8/31/2 3 859.42 OFFICE SOLUTIONS BUSINESS MOP OFFICE SUPPLIES FOR SECTION 8 36492 9 8/31/23 816.20 COUNTY OF SAN DIEGO MAIL POSTAGE BILLING FOR OCT AN NOV 2022 3649 58 8/31/23 2,327.08 OFFICE SOLUTIONS BUSINESS MOP OFFICE SUPPLIES FOR SECTION 8 DEPA RT 364966 8/31/23 266.30 REGIONAL TASK FORCE HMIS ACCESS FEES FOR APRIL AND JUNE 2023 364 970 8/31/23 523.50 KIMLEY HORN TOWER 999 TRANSACTION ASSISTANCE 364963 8/31/23 3,37 8.00 Total for Department 8,170.50

Fire
FEDEX FEDEX EXPRESS SERVICES/ FIRE 364913 8/31/23 944.80 MES CALIFORNIA GENESIS RESCUE TOOLS / FIRE 364926 8/31/23 1,637.19 PRUDENTIAL OVERALL SUPPLY LAUNDRY SERVICES 364935 8/31/23 25.00 SMART & FINAL MOP #45756, FIRE STATION SUPPLIES / FIRE 364943 8/3 1/23 281.11 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES FOR FIRE STATIONS 36495 3 8/31/23 873.56 Total for Department 3,761.66
Police
TSI INCORPORATED GAS MASK CALIBRATION 364951 8/31/23 1,206.15 AHUMADA TRAINING ADV SUB TC INV 364891 8/31/23 607.12
ANDERSON TRAINING ADV LDG IAHTI CNFRNC 364896 8/31/23 1,136.01 CABATU TRAINING ADV SUB SNAPCHT 364902 8/31/23 190.51
FERNANDO TRAINING SLI 1 ADV SUB 364914 8/31/23 422.70
SAN BERNARDINO CNTY SHERIFF'S TRAINING TUITION TC INV BSC 364939 8/31/23 215.00 CARLOMAGNO TRAINING AOT POST REIM 364957 8/31/23 32.00 DAVIS TRAINING AOT POST REIM 364959 8/31/23 32.00
DOUGHERTY TRAINING REIM IA OIS 364960 8/31/23 114.39
MORRISON TRAINING AOT REIM POST 364964 8/31/23 89.25
PALMA TRAINING POST PLN4 AOT 364967 8/31/23 32.00
RUDE TRAINING POST PLN4 AOT 364971 8/31/23 91.02
SAN DIEGO MIRAMAR COLLEGE TRAINING AOT TUITION 364972 8/31/23 46.0 0 SAN DIEGO MIRAMAR COLLEGE TRAINING TUITION AOT 364973 8/31/23 46.0 0 SAN DIEGO MIRAMAR COLLEGE TRAINING TUITION AOT 364974 8/31/23 46.0 0 SAN DIEGO MIRAMAR COLLEGE TRAINING TUITION AOT 364975 8/31/23 23.0 0 SCANLON TRAINING POST TRN REIM SDCLI 364976 8/31/23 355.93 VASQUEZ TRAINING AOT PLN4 REIM VASQUEZ 364981 8/31/23 101.30 PUBLIC SAFETY PEER PSPSA 7TH ANNUAL CONFERENCE REGISTRATION 36493 6 8/31/23 2,125.00 WARRANT REGISTER # 9
8/31/2023
1/4Page 55 of 229

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 9
8/31/2023
Total for Department 6,911.38
Engineering / PW's
ALL AROUND FENCE INC FENCING MATERIALS FY23-PW/STREETS 364893 8/3 1/23 630.00 ASBURY ENVIRONMENTAL SVS USED OIL SERVICE CHARGE FY24-PW/EQM 3648 97 8/31/23 100.00 AZTEC APPLIANCE INC REFRIGERATOR PURCHASE FY23-PW/FACILITIES 3648 98 8/31/23 959.73 BOOT WORLD MOP 80326 SFETY WEARING APPAREL-PW/PARKS 364899 8/31/2 3 385.94 COSCO FIRE PROTECTION FIRE SPRINKLER INSPECTIONS FY23-PW/FACIL 36 4906 8/31/23 2,385.00 DANIELS TIRE SERVICE TIRES FOR CITY FLEET FOR FY23-PW/EQM 364908 8/31/23 7,730.88 HOME DEPOT CREDIT SERVICES BUILDING SUPPLIES FY24-PW/FACILITIES 3 64923 8/31/23 2,768.59 MAINTEX INC MISC JANITORIAL SUPPLIES FY24-PW/FACILIT 364924 8/31/ 23 772.28 MASON'S SAW MOP 45729 LANDSCAPE SUPPLIES FY24-PW/PAR 364925 8/31 /23 636.54 PACIFIC SAFETY CENTER ANNUAL MEMBERSHIP RENEWAL DATES 11/1/22- 36 4931 8/31/23 145.00 PACIFIC STATES PETROLEUM INC HYDRAULIC OIL, ENGINE OIL FY24-PW/E QM 364932 8/31/23 1,414.19 PARTS AUTHORITY METRO MOP 75943 AUTO SUPPLIES FY23-PW/EQM 364933 8/31/23 78.81 PRO BUILD COMPANY MOP 45707 PAINT SUPPLIES / PW'S 364934 8/31/23 3 17.43 PRUDENTIAL OVERALL SUPPLY LAUNDRY SERVICES 364935 8/31/23 105.89 SDG&E OUTSTANDING BALANCE STREET LIGHTS FY23-P 364941 8/31/23 73,9 60.02 SEDANO FORD OF LM, INC. AUTO PARTS FY23-PW/EQM 364942 8/31/23 246. 58 SWEETWATER AUTHORITY WATER BILL FOR PARKS DIVISION JUN-AUG FY 364 946 8/31/23 30.86 TRUE CUSTOMS FORD F150 WINDOW TINT FY24-PW/EQM 364949 8/31/23 826. 50 SDG&E GAS AND ELECTRIC UTILITIES FOR STREETS F 364977 8/31/23 88.9 6 IPS GROUP INC PARKING PORTAL MERCHANT FEES- ENG/PW 364961 8/31/23 9,695.05 NV5 INC UTILITY NC PLAN CHECK SERVICES SDGE- ENG 364965 8/31/23 3, 341.02 PROJECT PROFESSIONALS CORP CIP 20-01 P-1 SEWER UPSIZING PHASE II - E 364968 8/31/23 76,684.70 STC TRAFFIC INC DIXON PARKING SERVICES- ENG/PW 364979 8/31/23 5,26 9.30 ENTERPRISE FLEET MANAGEMENT ENTERPRISE FLEET LEASE -JUNE 2023 - ENG/ 364912 8/31/23 20,946.90 ROBINSON REFUND T&A 90614 - PERF CASH BOND- SEWER 364938 8/31/23 1 0,000.00 Total for Department 219,520.17
NSD
ACE UNIFORMS & ACCESSORIES INC ACE UNIFORMS / NSD 364890 8/31/23 5 44.10 BOOT WORLD MOP 80326 SFETY WEARING APPAREL- NSD 364899 8/31/23 106 .65 PRO BUILD COMPANY MOP 45707 PAINT SUPPLIES / NSD 364934 8/31/23 2, 026.96 PRUDENTIAL OVERALL SUPPLY LAUNDRY SERVICES 364935 8/31/23 144.32 THE SHERWIN WILLIAMS CO MOP 77816 PAINT SUPPLIES / NSD 364948 8/3 1/23 386.92 VISTA PAINT MOP 68834 PAINT SUPPLIES / NSD 364952 8/31/23 1,052.76 Total for Department 4,261.71
Risk
STAPLES BUSINESS ADVANTAGE MOP 45704 OFFICE SUPPLIES 364944 8/31/ 23 99.76 Total for Department 99.76

CMO
2/4Page 56 of 229

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 9
8/31/2023
COUNTY OF SAN DIEGO MAIL POSTAGE BILLING - FEBRUARY 2023 364907 8 /31/23 1,225.58 STAPLES BUSINESS ADVANTAGE MOP#45704 - OFFICE SUPPLIES - 364978 8/31/23 132.69 Total for Department 1,358.27
Finance
C A P F SEPTEMBER 2023 - FIRE LTD 364901 8/31/23 1,239.00 CALIFORNIA LAW ENFORCEMENT SEPTEMBER 2023 - PD LTD 364903 8/31/23 2,376.00 CITY OF NATIONAL CITY PETTY CASH REPLENISHMENT / FINANCE 364904 8 /31/23 236.31 DELTA DENTAL INSURANCE CO SEPTEMBER 2023 GRP #05-7029600000 PMI DELTA 364909 8/31/23 1,795.64 DELTA DENTAL INSURANCE CO SEPTEMBER 2023 - GRP #05-7029600002 CO BRA 364910 8/31/23 97.22 DELTA DENTAL OF CALIFORNIA SEPTEMBER 2023 GRP #05-0908600000 DEN TAL 364911 8/31/23 16,380.72 HEALTH NET GRP # N8239A SEPTEMBER 2023 HEALTH NET I 364916 8/31/2 3 2,894.14 HEALTH NET GRP #N8239C - SEPTEMBER 2023 HEALTH NET 364917 8/31/23 1,734.92 HEALTH NET GRP #N8240A - SEPTEMBER 2023 HEALTH NET 364918 8/31/23 1,346.10 HEALTH NET GRP #R1192R - SEPTEMBER 2023 HEALTH NET 364919 8/31/23 923.49 HEALTH NET INC GRP #R1192A - SEPTEMBER 2023 HEALTH NET 364920 8/3 1/23 66,313.11 HEALTH NET INC GRP #GX011A - SEPTEMBER 2023 HEALTH NET 364921 8/3 1/23 28,523.11 HEALTH NET INC GRP #LB439A - SEPTEMBER 2023 HEALTH NET 364922 8/3 1/23 16,017.80 OPTUM HSA BANKING FEES GROUP HB1966 364930 8/31/23 97.50 RELIANCE STANDARD SEPTEMBER 2023 - GRP VAI826233 VC1801146 364937 8/31/23 4,007.18 WOODRUFF & SMART RSWA - REIMBURSEMENTS TO WSS FOR RSWA JU 364954 8/31/23 934.46 Total for Department 144,916.70
Community Services/Nutrition/Library
AMAZON SUPPLIES FOR CASA REC AND FOR THE E-SPORT 364895 8/31/23 14 5.17 BSN SPORTS LLC CAMACHO RECREATION SUPPLIES 364900 8/31/23 94.42 SANCHEZ MAYO CONTRACT INSTRUCTOR PAYMENT FOR BASKETBA 364940 8/31 /23 2,660.00 STAPLES BUSINESS ADVANTAGE MOP 45704 SENIOR CENTER OFFICE SUPPLI ES 364944 8/31/23 260.79 SWANK MOTION PICTURES INC MOVIES IN THE PARK MOVIE LICENSING 3649 45 8/31/23 650.00 T'S & SIGNS INC MARKETING BANNERS FOR MOVIES IN THE PARK 364950 8 /31/23 313.20 ALDEMCO FOOD 364892 8/31/23 9,684.33
ALL FRESH PRODUCTS FOOD 364894 8/31/23 1,273.79
PRUDENTIAL OVERALL SUPPLY LAUNDRY AND CONSUMABLES 364935 8/31/23 2 ,031.91 STAPLES BUSINESS ADVANTAGE MOP 45704 OFFICE SUPPLIES 364944 8/31/ 23 78.09 SYSCO SAN DIEGO INC FOOD 364947 8/31/23 5,449.59
SYSCO SAN DIEGO INC FLOOR MATS 364980 8/31/23 861.71
PRUDENTIAL OVERALL SUPPLY LAUNDRY & CONSUMABLES 364969 8/31/23 405 .53 MIDWEST TAPE, LLC MIDWEST TAPE/BLU-RAYS/FY24 364928 8/31/23 107.26 EXOS WORKS, INC MANAGEMENT FEE & SUPPLIES/LAS PALMAS POOL 364955 8/31/23 32,294.29 Total for Department 56,310.08
Human Resources
GONZALEZ LICENSE REIMBURSEMENT 364915 8/31/23 80.00
3/4Page 57 of 229

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 9
8/31/2023
Total for Department 80.00
MIS
AUDIO ASSOCIATES AUDIO ASSOCIATES INVOICE FY23 364956 8/31/23 1,87 0.69 KASEYA US LLC KASEYA INVOICE FY23 364962 8/31/23 1,662.14 Total for Department 3,532.83
A/P Warrant Total 449,425.83

WIRED PAYMENTS
Finance
PUBLIC EMP RETIREMENT SYSTEM SERVICE PERIOD 08/08/23 - 08/21/23 2 30831 8/31/23 320,600.03 GRAND TOTAL 770,025.86
4/4Page 58 of 229

AGENDA REPORT

Department: Finance
Prepared by: Karla Apalategui, Sr. Accounting Assistant Meeting Date: Tuesday, October 17, 2023
Approved by: Ben Martinez, Interim City Manager

SUBJECT:

Warrant Register #10 for the period of 9/01/23 through 9/07/23 in the amount of $ 2,927,081.05

RECOMMENDATION:

Ratify Warrants Totaling $ 2,927,081.05

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

Per Government Section Code 37208, below are the payments issued for period 9/1/23 – 9/7/23.

Consistent with Department of Finance’s practice, listed below are all payments above $50,000.

Vendor Check/Wire Amount Explanation
ARCO Business Solution 892700 $55,051.17 Fuel for City Fleet/Aug/PW-Eng

FINANCIAL STATEMENT:

Warrant total $ 2,927,081.05

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 – Warrant Register 10

Page 59 of 229 ends

PAYEE DESCRIPTION CHK NO DATE AMOUNT
City Clerk
CIVICPLUS, LLC CIVIC PLUS - MUNICODE ADMIN SUPPORT FEE 365084 9/7 /23 4,274.65 Total for Department 4,274.65
Housing/Section 8
COUNTY OF SAN DIEGO MAIL POSTAGE BILLING JUNE-23 FOR SECTION 3650 87 9/7/23 696.50 Total for Department 696.50
Police
EXPERIAN AUGUST CREDIT CHECKS 365092 9/7/23 27.00
FON JON PET CARE CENTER DAVIS & CARLOMANGO BOARDING 365093 9/7/23 870.35 LASER SAVER INC MOP 04840 TONER PD 365098 9/7/23 1,046.72 MAN K9 INC AUGUST MANDATORY K9 TRAINING 365099 9/7/23 1,520.00 NCPOA REIMB: 1/2 THE COST OF TABLE FOR HEROS A 365108 9/7/23 249.5 0 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES / PD 365112 9/7/23 32 .20 RADY CHILDREN'S HOSPITAL SAN D SART EXAM 365114 9/7/23 250.00 S D COUNTY SHERIFF'S DEPT SWAT O BSTICLE COURSE 365115 9/7/23 200.0 0 SAN DIEGO POLICE EQUIPMENT BALLISITIC VESTS / EID & DAGUIA 365117 9/7/23 2,556.92 SMART SOURCE OF CALIFORNIA LLC MOP 24302 PRINTING PD 365123 9/7/2 3 53.48 STAPLES BUSINESS ADVANTAGE MOP 20468 SUPPLIES PD 365127 9/7/23 2,0 32.77 THE COUNSELING TEAM AUGUST EMPLO YEE SUPPORT SVCS 365130 9/7/23 1,6 00.00 TYLER TECHNOLOGIES INC CAD PROJECT MGMT 365132 9/7/23 250.00 WILLY'S ELECTRONIC SUPPLY WILLY'S ELECTRONICS MOP FY24 365135 9/7 /23 22.25 AYDELOTTE TRAINING REIM THRT ASMT 365073 9/7/23 676.27 BERNAL TRAINING LDG POST SUB DUI 365077 9/7/23 661.20
BROWDER TRAINING CCUG ADV LDG 365080 9/7/23 831.37
CAVENAUGH & ASSOCIATES TRAINING TUITION DUI BERNAL 365082 9/7/23 6 20.00 STANICH TRAINING ADV LDG FOR TECHNO CONF 365126 9/7/23 791.39 STINNETT TRAINING AOT REIM 365128 9/7/23 32.00
Total for Department 14,323.42
Engineering / PW's
ACME SAFETY & SUPPLY CORP STREET SIGN SUPPLIES FY24-PW/STREETS 36 5066 9/7/23 447.70 AZTEC APPLIANCE INC FREESTANDING SIDE BY SIDE FY24-PW/FACILI 3650 74 9/7/23 1,264.99 BENNETT BOWEN & LIGHTHOUSE INC MOP 83599 AUTO SUPPLIES FY24-PW/E QM 365076 9/7/23 356.61 GRAINGER MOP 65179 BUILDING SUPPLIES FY24-PW/FACI 365095 9/7/23 12 5.32 HOME DEPOT CREDIT SERVICES MULTIPURPOSE VALVE RESPIRATOR FY24-PW /ST 365096 9/7/23 144.13 MASTER PERFORMANCE MOP 86883 AUTO SUPPLIES FY24-PW/EQM 365100 9/7 /23 355.44 MOSSY NISSAN MOP 80703 AUTO REPAIRS FY24-PW/EQM 365103 9/7/23 160. 00 NATIONAL CITY CAR WASH CAR WASH SERVICES FOR FLEET MAR FY24-PW/ 3 65104 9/7/23 389.00 NATIONAL CITY MOTORCYCLES SERVICE AND REPAIR FOR EMERGENCY FY24- PW 365105 9/7/23 1,001.80 NATIONAL CITY TROPHY MOP #66556/OFFICE SUPPLIES / PW 365106 9/7/2 3 78.08 PARTS AUTHORITY METRO MOP 75943 AUTO SUPPLIES FY24-PW/EQM 365109 9/7/23 273.10 WARRANT REGISTER # 10
9/7/2023
1/5Page 60 of 229
PARTS AUTHORITY METRO MOP 75943 AUTO SUPPLIES FY24-PW/EQM 365110 9/7/23 363.04 PARTS AUTHORITY METRO MOP 75943 AUTO PARTS FY24-PW/EQM 365111 9/7 /23 12.01 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY24-PW/FACIL 365112 9/7/23 516.44 PRUDENTIAL OVERALL SUPPLY MOP 45724 LAUNDRY SERVICES FY24-PW/EQM 365113 9/7/23 89.14 SAM'S ALIGNMENT WHEEL ALIGNMENT SERVICE FOR CITY FLEET F 365116 9 /7/23 240.00 SDG&E GAS AND ELECTRIC FOR FACILITIES FOR AUG 365118 9/7/23 5,947. 95 SDG&E GAS AND ELECTRIC UTILITIES FOR STREETS J 365119 9/7/23 104.2 9 SEDANO FORD OF LM, INC. R&M CITY VEHICLES FY24-PW/EQM 365120 9/7/ 23 229.13 SOUTH COAST EMERGENCY AUTO SUPPL IES FY24-PW/EQM 365124 9/7/23 1,88 2.23 SPEEDPRO IMAGING STREET SIGN SUPPL IES FY24-PW/STREETS 365125 9/7/ 23 173.60 SWEETWATER AUTHORITY WATER BILL FOR FACILITIES JUN-AUG FY24-P 365 129 9/7/23 43,298.30 TRUE CUSTOMS CITY VEHICLE WINDOW TINT FY24-PW/EQM 365131 9/7/23 26 1.00 WAXIE SANITARY SUPPLY MISC JANITO RIAL SUPPLIES FY24-PW/FACILIT 36 5133 9/7/23 1,630.95 WETMORES MOP 80333 AUTO SUPPLIES FY24-PW/EQM 365134 9/7/23 360.87 Total for Department 59,705.12
NSD
CALIFORNIA ASSOCIATION OF CODE C ACEO WEBINAR / NSD 365081 9/7/23 3 6.00 Total for Department 36.00
Risk
LADCO LIABILITY CLAIM COST 365097 9/7/23 235.00

LIABILITY CLAIM COST
Total for Department 235.00
Planning / Building
DEPARTMENT OF CONSERVATION RFW BUILDING/DEPARTMENT OF CONSERVATI ON 365090 9/7/23 7,898.04 NBS PLAN DIV/NBS INVOICE 365107 9/7/23 1,500.00
Total for Department 9,398.04
Finance
ANDERSON RETIREE HEALTH BENEFITS - SEPT 2023 364982 9/6/23 110.00 BAVENCOFF JR RETIREE HEALTH BENEFITS - SEPT 2023 364983 9/6/23 500 .00 BEARD RETIREE HEALTH BENEFITS - SEPT 2023 364984 9/6/23 70.00 BECK RETIREE HEALTH BENEFITS - SEPT 2023 364985 9/6/23 140.00 BEVERIDGE RETIREE HEALTH BENEFITS - SEPT 2023 364986 9/6/23 640.00 BISHOP RETIREE HEALTH BENEFITS - SEPT 2023 364987 9/6/23 110.00 BOEGLER RETIREE HEALTH BENEFITS - SEPT 2023 364988 9/6/23 260.00 BULL RETIREE HEALTH BENEFITS - SEPT 2023 364989 9/6/23 580.00 CAMEON RETIREE HEALTH BENEFITS - SEPT 2023 364990 9/6/23 400.00 CANEDO RETIREE HEALTH BENEFITS - SEPT 2023 364991 9/6/23 620.00 CASTELLANOS RETIREE HEALTH BEN EFITS - SEPT 2023 364992 9/6/23 500. 00 COLE RETIREE HEALTH BENEFITS - SEPT 2023 364993 9/6/23 165.00 COLLINSON RETIREE HEALTH BENEFITS - SEPT 2023 364994 9/6/23 420.00 CONDON RETIREE HEALTH BENEFITS - SEPT 2023 364995 9/6/23 280.00 CORDERO RETIREE HEALTH BENEFITS - SEPT 2023 364996 9/6/23 520.00 DALLA RETIREE HEALTH BENEFITS - SEPT 2023 364997 9/6/23 900.00 DANESHFAR RETIREE HEALTH BENEFITS - SEPT 2023 364998 9/6/23 250.00 2/5Page 61 of 229
DEESE RETIREE HEALTH BENEFITS - SEPT 2023 364999 9/6/23 660.00 DESROCHERS RETIREE HEALTH BENEFITS - SEPT 2023 365000 9/6/23 110.0 0 DIAZ RETIREE HEALTH BENEFITS - SEPT 2023 365001 9/6/23 680.00 DREDGE RETIREE HEALTH BENEFITS - SEPT 2023 365002 9/6/23 250.00 DUONG RETIREE HEALTH BENEFITS - SEPT 2023 365003 9/6/23 280.00 EISER III RETIREE HEALTH BENEFITS - SEPT 2023 365004 9/6/23 250.00 ESPIRITU RETIREE HEALTH BENEFITS - SEPT 2023 365005 9/6/23 620.00 ETZLER RETIREE HEALTH BENEFITS - SEPT 2023 365006 9/6/23 460.00 FABINSKI RETIREE HEALTH BENEFITS - SEPT 2023 365007 9/6/23 220.00 FERNANDEZ RETIREE HEALTH BENEFITS - SEPT 2023 365008 9/6/23 270.00 FIFIELD RETIREE HEALTH BENEFITS - SEPT 2023 365009 9/6/23 540.00 GAUT RETIREE HEALTH BENEFITS - SEPT 2023 365010 9/6/23 700.00 GELSKEY RETIREE HEALTH BENEFITS - SEPT 2023 365011 9/6/23 115.00 GIBBS JR RETIREE HEALTH BENEFITS - SEPT 2023 365012 9/6/23 120.00 GONZALES RETIREE HEALTH BENEFITS - SEPT 2023 365013 9/6/23 480.00 HARLAN RETIREE HEALTH BENEFITS - SEPT 2023 365014 9/6/23 500.00 HERNANDEZ RETIREE HEALTH BENEFITS - SEPT 2023 365015 9/6/23 500.00 HERNANDEZ RETIREE HEALTH BENEFITS - SEPT 2023 365016 9/6/23 680.00 HERNANDEZ RETIREE HEALTH BENEFITS - SEPT 2023 365017 9/6/23 400.00 HODGES RETIREE HEALTH BENEFITS - SEPT 2023 365018 9/6/23 200.00 IBARRA RETIREE HEALTH BENEFITS - SEPT 2023 365019 9/6/23 780.00 JASMUND RETIREE HEALTH BENEFITS - SEPT 2023 365020 9/6/23 680.00 JONES RETIREE HEALTH BENEFITS - SEPT 2023 365021 9/6/23 60.00 JONES RETIREE HEALTH BENEFITS - SEPT 2023 365022 9/6/23 480.00 JUNIEL RETIREE HEALTH BENEFITS - SEPT 2023 365023 9/6/23 50.00 KIMBLE RETIREE HEALTH BENEFITS - SEPT 2023 365024 9/6/23 300.00 KLOS RETIREE HEALTH BENEFITS - SEPT 2023 365025 9/6/23 480.00 LAFRENIERE RETIREE HEALTH BENEFITS - SEPT 2023 365026 9/6/23 660.0 0 LIMFUECO RETIREE HEALTH BENEFITS - SEPT 2023 365027 9/6/23 160.00 MATIENZO RETIREE HEALTH BENEFITS - SEPT 2023 365028 9/6/23 100.00 MCCABE RETIREE HEALTH BENEFITS - SEPT 2023 365029 9/6/23 280.00 MCDANIEL RETIREE HEALTH BENEFITS - SEPT 2023 365030 9/6/23 290.00 MEEKS RETIREE HEALTH BENEFITS - SEPT 2023 365031 9/6/23 460.00 MENDOZA RETIREE HEALTH BENEFITS - SEPT 2023 365032 9/6/23 290.00 MINER RETIREE HEALTH BENEFITS - SEPT 2023 365033 9/6/23 580.00 MUNOZ RETIREE HEALTH BENEFITS - SEPT 2023 365034 9/6/23 640.00 NAGLE RETIREE HEALTH BENEFITS - SEPT 2023 365035 9/6/23 460.00 NOTEWARE RETIREE HEALTH BENEFITS - SEPT 2023 365036 9/6/23 120.00 OLIVERIA RETIREE HEALTH BENEFITS - SEPT 2023 365037 9/6/23 360.00 PAUU JR RETIREE HEALTH BENEFITS - SEPT 2023 365038 9/6/23 340.00 PE RETIREE HEALTH BENEFITS - SEPT 2023 365039 9/6/23 300.00 PEASE JR RETIREE HEALTH BENEFITS - SEPT 2023 365040 9/6/23 140.00 POST RETIREE HEALTH BENEFITS - SEPT 2023 365041 9/6/23 280.00 RAY RETIREE HEALTH BENEFITS - SEPT 2023 365042 9/6/23 190.00 REDIKOP RETIREE HEALTH BENEFITS - SEPT 2023 365043 9/6/23 400.00 RIOS RETIREE HEALTH BENEFITS - SEPT 2023 365044 9/6/23 240.00 ROARK RETIREE HEALTH BENEFITS - SEPT 2023 365045 9/6/23 135.00 RODRIGUEZ RETIREE HEALTH BENEFITS - SEPT 2023 365046 9/6/23 260.00 ROUSTON RETIREE HEALTH BENEFITS - SEPT 2023 365047 9/6/23 660.00 RUIZ RETIREE HEALTH BENEFITS - SEPT 2023 365048 9/6/23 310.00 SAINZ RETIREE HEALTH BENEFITS - SEPT 2023 365049 9/6/23 300.00 3/5Page 62 of 229
SANCHEZ RETIREE HEALTH BENEFITS - SEPT 2023 365050 9/6/23 330.00 SERVATIUS RETIREE HEALTH BENEFITS - SEPT 2023 365051 9/6/23 340.00 SHEPHARD RETIREE HEALTH BENEFITS - SEPT 2023 365052 9/6/23 440.00 SHOEMAKER RETIREE HEALTH BENEFITS - SEPT 2023 365053 9/6/23 480.00 SILVA RETIREE HEALTH BENEFITS - SEPT 2023 365054 9/6/23 580.00 SMITH RETIREE HEALTH BENEFITS - SEPT 2023 365055 9/6/23 320.00 SMITH RETIREE HEALTH BENEFITS - SEPT 2023 365056 9/6/23 560.00 TIPTON RETIREE HEALTH BENEFITS - SEPT 2023 365057 9/6/23 250.00 UNGAB RETIREE HEALTH BENEFITS - SEPT 2023 365058 9/6/23 600.00 VILLAGOMEZ RETIREE HEALTH BENEFITS - SEPT 2023 365059 9/6/23 480.0 0 VILLARIASA RETIREE HEALTH BENEFITS - SEPT 2023 365060 9/6/23 480.0 0 WHITE RETIREE HEALTH BENEFITS - SEPT 2023 365061 9/6/23 230.00 WILKINS RETIREE HEALTH BENEFITS - SEPT 2023 365062 9/6/23 520.00 YBARRA RETIREE HEALTH BENEFITS - SEPT 2023 365063 9/6/23 220.00 YOUNG RETIREE HEALTH BENEFITS - SEPT 2023 365064 9/6/23 560.00 BOEGLER RETIREE HEALTH BENEFITS - SEPT 2023 365078 9/7/23 260.00 BRINK'S INCORPORATED TRANSPORTATION - BILLING PERIOD 10/01/21 365 079 9/7/23 1,633.04 Total for Department 33,568.04
Community Services/Nutrition/Library
AMAZON AGE FRIENDLY DANCE SUPPLIES 365070 9/7/23 763.56 SMART & FINAL MOP 45756 SMART & FINAL AGE FRIENDLY DAN 365122 9/7 /23 376.30 STAPLES BUSINESS ADVANTAGE MOP 20468 SUPPLIES / CSD 365127 9/7/23 185.68 ALDEMCO FOOD 365069 9/7/23 3,545.63
COZZINI BROS., INC. KNIFE CLEANING SERVICE 365089 9/7/23 52.50 AMAZON CAPITAL SERVICES, INC. AMAZON/SUPPLIES/LINKED+/FY24 365071 9/7/23 72.69 BAKER & TAYLOR BAKER AND TAYLOR/BOOKS/FY24 365075 9/7/23 1,484.84 MIDWEST TAPE, LLC MIDWEST TAPE/DVDS/FY24 365101 9/7/23 89.07 Total for Department 6,570.27
Human Resources
4 IMPRINT INC ITEM #9764, MARDI GRAS PEN~ 365065 9/7/23 404.56 ACOSTA LICENSE REIMBURSEMENT 365067 9/7/23 54.12
AETNA BEHAVIORAL HEALTH EMPLOYEE ASSISTANCE PROGRAM - SEPTEMBER 3 65068 9/7/23 792.06 CONCENTRA MEDICAL CENTERS PRE-EMPLOYMENT PHYSICALS & HEP B VACCI NE 365085 9/7/23 405.00 NATIONAL CITY TROPHY MOP #66556/EMPLOYEE OF THE PLAQUES/HR 365106 9/7/23 500.25 STAPLES BUSINESS ADVANTAGE MOP 20468 SUPPLIES / HR 365127 9/7/23 5 5.43 Total for Department 2,211.42
MIS
AT&T SBC - AT&T FOR FY24 365072 9/7/23 2,219.49
CDWG PALO ALTO SUBSCRIPTIONS LICENSE RENEWAL 365083 9/7/23 49,295. 39 CORELOGIC SOLUTIONS LLC REALQUEST PROPERTY RESEARCH APP + 365086 9/7/23 125.86 COX COMMUNICATIONS COX DATA, VIDEO SERVICES FY24 365088 9/7/23 2,5 96.70 ESCRIBE SOFTWARE LTD. ESCRIBE ANNUAL RENEWAL 9/1/23-8/31/24 36509 1 9/7/23 29,959.35 GOVCONNECTION INC FORTINET RENEWAL 365094 9/7/23 18,215.36 LASER SAVER INC MOP 04840 PRINTER CARTRIDGE 365098 9/7/23 403.52 MOBILE WIRELESS LLC NETMOTION RENEWAL 9/22/23-9/21/24 365102 9/7/ 23 9,800.00 4/5Page 63 of 229
SHARP ELECTRONICS CORPORATION SHARP INVOICE FY24 365121 9/7/23 2,6 81.48 STAPLES BUSINESS ADVANTAGE MOP 20468 SUPPLIES / MIS 365127 9/7/23 154.71 TYLER TECHNOLOGIES INC TYLER MUNIS / CAD 365132 9/7/23 740.00 WILLY'S ELECTRONIC SUPPLY WILLY'S ELECTRONICS MOP FY24 365135 9/7 /23 547.73 Total for Department 116,739.59
A/P Total 247,758.05

PAYROLL
Pay period Start Date End Date Check Date
19 8/22/2023 9/4/2023 9/13/2023 1,359,430.72

WIRED PAYMENTS
City Attorney
U S BANK CREDIT CARD EXPENSES / CAO 171041 9/6/23 84.81 Police
U S BANK CREDIT CARD EXPENSES / TRAINING 171041 9/6/23 4,987.92 U S BANK CREDIT CARD EXPENSES / PD 171041 9/6/23 2,306.41 Engineering / PW's
U S BANK CREDIT CARD EXPENSES / 171041 9/6/23 948.00
ARCO BUSINESS SOLUTIONS FUEL FOR CITY FLEET FY24 AUG-PW/EQM 89270 0 9/6/23 55,051.17 Fire
U S BANK CREDIT CARD EXPENSES / FIRE 171041 9/6/23 65.70 CMO
U S BANK CREDIT CARD EXPENSES / CMO 171041 9/6/23 40.00 Finance
PUBLIC EMP RETIREMENT SYSTEM RE TIRED ANNUITANT LATE FEES / SCOTT & RH 241885 9/1/23 6,200.00 U S BANK CREDIT CARD EXPENSES / FINANCE 171041 9/6/23 309.00 Community Services/Nutrition/Library
U S BANK CREDIT CARD EXPENSES / CSD 171041 9/6/23 328.07 U S BANK CREDIT CARD EXPENSES / LIBRARY 171041 9/6/23 191.82 Human Resources
U S BANK CREDIT CARD EXPENSES / HR 171041 9/6/23 400.00 SECTION 8 HAPS Start Date End Date
9/1/2023 9/7/2023 1,248,979.38
GRAND TOTAL 2,927,081.05
5/5Page 64 of 229

AGENDA REPORT

Department: Community Development
Prepared by: Martin Reeder, AICP – Planning Manager
Meeting Date: Tuesday, October 17, 2023
Approved by: Ben Martinez, Interim City Manager

SUBJECT:

Public hearing for an Appeal of a Planning Commission Denial of a Request for a Conditional Use Permit (CUP) for on -sale beer and wine (Type 41) at a new restaurant (Manna Heaven BBQ) located at 3030 Plaza Bonita Road, suite 1096.

RECOMMENDATION:

Staff recommends approving the appeal, reversing the Planning Commission decision based on the attached findings or findings determined by the City Council.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

The Planning Commission denied the Conditional Use Permit by majority vote of those present.

Ayes: Castle, Armenta, Quinonez Nays: Valenzuela, Miller Absent: Sanchez, Sendt

EXPLANATION:

Executive Summary
Manna Heaven BBQ has applied for a California Department of Alcoholic Beverage Control (ABC) Type 41 license to offer beer and wine sales for on-site consumption at a new restaurant in a 7,565 square-foot suite at Westfield Plaza Bonita Mall. No live entertainment is proposed. The hours of operation as proposed by the applicant are from 10:00 a.m. to 9:00 p.m. daily.

Planning Commission held a public hearing on August 21, 2023 and denied the CUP based on the attached recommended findings for denial (Exhibit G). The applicant has appealed the decision of the Planning Commission is thereby afforded the opportunity to present their appeal to the City Council. The requested action by City Council is to either uphold or reverse the decision of the Planning Commission (grant or deny the appeal request).

Site Characteristics
The new restaurant is to be located in a 7,565 square-foot suite in the interior of Westfield Plaza Bonita Mall. A commercial tenant improvement for the restaurant is currently in progress. The mall is located in the southeast corner of National City, south of Sweetwater Road on a 71-acre site in the MXD -2 zone, and it includes approximately 24 acres of building area and 4,400 parking spaces. There are currently seven restaurants with CUPs for on-site alcohol sales at the mall and Manna Heaven BBQ proposes to be the eighth.

Proposed Use
The business is proposing to sell beer and wine on site (ABC Type 41) in conjunction with food sales. The proposed hours of operation are from 10:00 a.m. to 9:00 p.m. daily. No live entertainment is proposed.

Page 65 of 229 ends

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

Hours of Operation
Conditions of approval for alcohol sales reflect what the applicant has requested (10:00 a.m. to 9:00 p.m. daily). Recent CUPs for alcohol sales have been approved for later than 9:00 p.m.

Mailing – All property owners and occupants within a distance of 660 feet are required to be notified of a public hearing for alcohol-related CUP applications. Notice of this public hearing was sent to 215 occupants and owners.

Community Meeting – Pursuant to Section 18.30.050 (C) of the National City Zoning Code, a community meeting was held on Monday, May 22, 2023 from 9:00 a.m. to 10:00 a.m. at the restaurant location. The meeting advertisement is attached (Attachment 8). The applicant states there were two attendees present with questions on when the restaurant would open and whether or not they would be having hard liquor.

Alcohol Sales Concentration/Location
Per the California Department of Alcoholic Beverage Control (ABC), there are currently 10 on-site sale licenses in this census tract (32.04) where a maximum of four are recommended, meaning that the census tract is considered by ABC to be over -saturated with regard to alcohol sales outlets. For reference, there are seven on-site alcohol outlets in the census tract within National City (the other three are in Chula Vista). The outlets are:

Name Address License Type* CUP
Applebee’s 3030 Plaza Bonita Road #1298 47 Y
Red Robin 3030 Plaza Bonita Road #2520 47 Y
Broken Yolk 3030 Plaza Bonita Road #1106 41 Y
Outback Steakhouse 2980 Plaza Bonita Road 47 Y
Gerry’s Grill 3030 Plaza Bonita Road #2510 47 Y
Funky Burgers & Fries 3030 Plaza Bonita Road #1108 41 Y Crab Pub 3030 Plaza Bonita Road #1430 41 Y

* Type 41 - On-Sale of Beer and Wine
* Type 47 - On-Sale of Beer, Wine, and Liquor

Census tract 32.04 includes the area south of the Interstate 54, north of Bonita Road, west of Sweetwater Road, and east of the Interstate 805. The attached census tract map shows the location of the subject tract (Attachment 5).

Concerns related to overconcentration usually revolve around areas close to residential or other sensitive uses. In this case, the multiple alcohol -licensed businesses are located in a self- contained area (shopping mall) that serves as a draw for multiple commercial uses. The concentration of commercial shopping, service, and restaurant outlets results in customers making several stops at the shopping center, rather than specialty visits to one type of business only (e.g. restaurant). As a result, concerns related to nuisance issues from alcohol -licensed businesses are lessened due to less time being spent in any one business.

Page 66 of 229 ends

Police Department (PD)
The ABC Risk Assessment provided by PD allocated a total of 14 points, which places it in the Medium Risk category. Medium risk is considered 13 to 18 points.

Institute for Public Strategies (IPS)
Comments were received from IPS with the following considerations:

1. Recommend in-person Responsible Beverage Sales and Service (RBSS) training for all staff.

2. To prevent the establishment from transforming into a night club, which could increase crime and nuisance problems, require that the restaurant always provide lunch and dinner and have hours of operation end by 12:00 am daily.

3. Consider establishing clear guidelines for when additional alcohol licenses will or will not be permitted within an already over concentrated census tract.

These comments are largely addressed with standard conditions of approval and are included in the report in compliance with City Council Policy 707. Concerns related to nuisances are generally associated with live entertainment, which is not proposed in this case. Additional guidelines on the permitting of alcohol licenses would require a new or updated City Council policy on alcohol establishments.

Findings for Approval
The following are the required findings in the attached draft resolution:

1. Allowable Use: Alcohol sales are allowable within the MXD -2 zone, pursuant to a CUP, and the proposed use meets the required guidelines in the Land Use Code for alcohol sales, as discussed in the staff report. It is incidental to the proposed restaurant use in a commercial area.

2. General Plan Consistency: Alcohol sales is permitted, subject to a CUP, by the Land Use Code, which is consistent with the General Plan. In addition, a restaurant with alcohol sales is consistent with the MXD-2 land use designation contained in the Land Use Code and Community Character element of the General Plan.

3. Compatibility, LUC, and Traffic: No expansion of the building is proposed. The proposal involves an existing commercial space, which was previously analyzed for traffic impacts when it was constructed. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints.

The proposed use would be incidental to the primary use of food sales.

4. No Nuisance: The proposed use will be subject to conditions that limit the sale of beer and wine as well as the hours that it will be available. Beer and wine will only be available with the sale of food. In addition, all staff members serving alcohol are required to receive RBSS training.

5. California Environmental Quality Act (CEQA): The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and has been determined to be categorically exempt from environmental review pursuant to Class 1, Section 15301 (Existing Facilities) for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. The reason for the exemption is that the use is proposed within an existing commercial building with only minor alterations to the exterior

Page 67 of 229 ends

and interior of the building permitted by an approved building permit, and the use is similar to other commercial uses in the area, which are permitted in the MXD-2 zone.

6. Public Convenience and Necessity: Alcohol sales will contribute to the viability of the new restaurant, a permitted use in the MXD-2 zone.

Findings for Denial
Due to the concentration of establishments with on-sale alcohol licenses, there are also three findings for denial as follows:

1. Granting the permit would constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the census tract in which the subject property is located is currently over-concentrated with regard to off- sale alcohol outlets – 10 off-sale outlets are permitted where four are recommended by the California Department of Alcoholic Beverage Control.

2. The proposed use is not deemed essential to the public necessity, as there are already seven restaurants in the same location that serve alcohol.

3. Based on the above findings, public convenience and necessity will not be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law.

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

Planning Commission
The Commission re commended denial of the CUP to the Council for reasons of license overconcentration, as outlined above. However, it should be noted that a subsequent CUP application for a proposed outlet at Westfield Plaza Bonita (Round 1 Bowling & Arcade) was recommended for approval to the City Council. Furthermore, of the 16 census tracts in the City, 6 are considered over concentrated.

“Overconcentration” is defined by ABC as when the ratio of on-sale retail licenses to population in the census tract in which the applicant premises are located exceeds the ratio of on-sale retail licenses to population in the county in which the applican t premises are located. A census tract contains approximately 4,500 residents (+/ -). Because National City is significantly denser than the County of San Diego at large (and denser than any other city in the County), overconcentration is more likely due to smaller and denser census tracts.

Ultimately, the City may still approve (and has approved) CUPs for alcohol where overconcentration exists. In the case of on -sale outlets (such as restaurants), issues related to overconcentration are lessened due to over-serving laws and self-policing by business operators.

This is opposite to off-sale outlets (such as liquor stores), where alcohol use (and abuse) is harder to control.

Appeal
Subsequent to the Planning Commission recommendation of denial, the applicant filed an appeal of that decision (see attached Exhibit C), including payment of a $1,000 appeal fee. The appellant states that they maintain a clean track record with ABC and that they have operated for 13 years across 11 different locations. They further request a reconsideration of the Planning Commission recommendation, as offering beer and wine would be consistent with other outlets at Westfield

Page 68 of 229 ends

Plaza Bonita and would enhance the dining experience for their patrons. Of the seven outlets at Plaza Bonita, four are Type 47 licenses (beer, wine, and distilled spirits) and three are Type 41 licenses (beer and wine only).

Summary
The proposed use is consistent with the General Plan due to alcohol sales for on-site consumption being a conditionally-allowed use in the MXD-2 zone. The alcohol sales use would be accessory to the restaurant use in an established commercial area. The inclusion of condition s consistent with policy 707 is intended to alleviate concerns related to area impacts.

Options

1. Approve the appeal, reversing the Planning Commission decision, thereby approving 2022-35 CUP, subject to the conditions listed within, based on the attache d findings, or findings to be determined by the City Council; or

2. Deny the appeal and uphold the Planning Commission decision to deny 2022-35 CUP based on the attached Planning Commission findings, or findings to be determined by the City Council; or

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

FINANCIAL STATEMENT:

An application fee of $3,700 was paid with the submittal of the subject CUP and an appeal fee of $1,000 was paid with appeal request. Fees are anticipated to cover the cost of staff review time and processing of the permit.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Balanced Budget and Economic Development

ENVIRONMENTAL REVIEW:

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

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

PUBLIC NOTIFICATION:

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

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A – Overhead Map
Exhibit B – PC Resolution No. 2023-14
Exhibit C – Appeal Request Letter
Exhibit D – Exhibit A to the PC Report – Plans
Exhibit E – PowerPoint Slides from PC meeting
Exhibit F – Resolution – AFFIRM APPEAL
Exhibit G – Resolution – DENY APPEAL

Page 69 of 229 ends

2022-35 CUP – 3030 Plaza Bonita Road, Suite 1096 – Overhead

Page 70 of 229 ends

Page 71 of 229 ends

Page 72 of 229 ends

Dear Planning Division,
I hope this email finds you '-'.\fell. I am writing to formally file an appeal regarding the recent decision regarding the beer and wine license application for Manna Heaven BBQ, located at Plaza Bonita Westfield.

As a longstanding establishment operating successfully for 13 years with a flawless track record with ABC, we believe that the denial of our application does not align with our history or our intentions. ·Manna BBQ currently operates across 11 different locations, all of which have consistently adhered to the highest standards of professionalism and compliance. Our commitment to providing a family-friendly environment and our unwavering dedication to maintaining the integrity of our operations have been key factors in our sustained success.

We have observed that several other establishments within Plaza Bonita Westfield possess hard liquor licenses. This observation underlines the inconsistency in the decision-making process, as Manna BBQ is seeking only a beer and wine license to accommodate parents who may wish to enjoy a modest selection of beverages with their meals. This decision is in no way a deviation from our core values and family-oriented approach.

We kindly request a reconsideration of our application and a fair assessment of our established reputation. We firmly believe that ------gra ntiA §J-bl-s-tl'le-!;>eer--a AEl-wi A e-li ee Ase-we l;ll El-19e-ee As-is--teAt-wi-tM-the-/-- e nvi ro nm e nt of Plaza Bonita Westfield and would further enhance thei dining experience for our patrons.

We are more than willing to cooperate with any additional , requirements or steps necessary to address any concerns and ensure i the responsible service of alcohol. Our goal is to continue providing a i safe and enjoyable dining experience for families, and we believe thati offering a limited selection of beer and wine aligns with this objective.I . ' We appreciate your time and attention to this matter. We are 1 confident that upon a closer review of our history and intentions, the ! decision will be reconsidered. If there are a_ny further details or

Page 73 of 229 ends

Exhibit A, Case File No. 2022-35 CUP, 11/29/2022
ATTACHMT 3

Page 74 of 229 ends

Page 75 of 229 ends

Public Hearing

CONDITIONAL USE PERMIT FOR ON-
SALE BEER AND WINE (TYPE-41) AT A

NEW RESTAURANT (MANNA HEAVEN
BBQ) TO BE LOCATED AT 3030 PLAZA
BONITA ROAD, SUITE 1096

Page 76 of 229 ends

Site Characteristics
• WESTFIELD PLAZA BONITA MALL
• SE corner of the City, south of Sweetwater Road
• 71-acre site in the MXD-2 zone
• 24 acres of building and 4,400 parking spaces
• 7,565 square-foot suite
• Interior of the mall
• Seven current restaurants with CUPs for on-site alcohol sales

Page 77 of 229 ends

Overhead

Page 78 of 229 ends

Proposal
• BEER AND WINE SALES ON SITE (ABC TYPE 41)
• Alcohol sales in conjunction with food sales
• Proposed hours of operation are 10:00 am to 9:00 pm daily • No live entertainment is proposed

Page 79 of 229 ends

Site Plan

Page 80 of 229 ends

Floor Plan

Page 81 of 229 ends

Analysis
• REQUEST CONSISTENT WITH CODE REQUIREMENTS (ALCOHOL):
• Mailing – 660 feet owners/occupants (215)
• Community meeting held on May 22, 2023 with two attendees • Distance from schools – exempt due to seating area/no school in vicinity

Page 82 of 229 ends

Analysis (cont.)
• CENSUS TRACT 32.04:
• Seven existing on-site licenses, all restaurants
• Four licenses recommended
• No sensitive uses (commercial only)
• Shopping destination

Page 83 of 229 ends

Analysis (cont.)
• COMMENTS:
• Police Department risk assessment
• 14 points, medium risk
• IPS
• Recommended RBSS training for staff
• Hours of operation end by 12:00 am
• Guidelines for over-concentrated census tracts
• Two public comments
• Restaurant name
• Opposed due to oversaturation/smart planning would call for neighborhood-serving establishments

Page 84 of 229 ends

California Environmental Quality Act
(CEQA)
• DETERMINE TO BE CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO CLASS 1, SECTION 15301 (EXISTING

FACILITIES)
• Notice of exemption will be filed subsequent to an approval

Page 85 of 229 ends

Conditions / Summary
• CONDITIONS OF APPROVAL
• Conditions specific to on-site alcohol sales per Council Policy 707 • Hours of operation, sales in conjunction with food, RBSS training • PROPOSED USE CONSISTENT WITH GENERAL PLAN
• Alcohol sales for on-site consumption a conditionally-allowed use in the MXD-2 zone • Accessory to restaurant use in an established commercial area

Page 86 of 229 ends

Options
• FIND PROJECT EXEMPT FROM CEQA & APPROVE CUP BASED ON FINDINGS LISTED IN THE DRAFT RESOLUTION / FINDINGS DETERMINED BY THE COMMISSION;O R • FIND PROJECT NOT EXEMPT FROM CEQA AND/OR DENY CUP BASED ON FINDINGS DETERMINED BY THE COMMISSION; OR
• CONTINUE THE ITEM FOR ADDITIONAL INFORMATION
• STAFF RECOMMENDING APPROVAL
• NOTICE OF DECISION TO CITY COUNCIL

Page 87 of 229 ends

Floor Plan

Page 88 of 229 ends

RESOLUTION NO. 2023-

A RESOLUTION OF THE CI TY COUNCIL OF THE CITY OF NATIO NAL CITY,

CALIFORNIA, APPROVING A CONDITIONAL USE PERM IT FOR ON-SALE BEER AND WINE (TYPE-41) AT A NEW RESTAURANT (MANNA HEAVEN BBQ) LOCATED AT 3030 PLAZA BONITA ROAD, SUITE 1096.

WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for for on-site beer and wine sales at a new restaurant (Manna Heaven BBQ ) located at 3030 Plaza Bonita Road, Suite 1096 at a duly advertised public hearing h eld on August 21, 202 3, at which time the Commission denied the Conditional Use Permit; and

WHEREAS, subsequent to the Planning Commission denial of the Conditional Use Permit, the applicant (“APPELLANT”) appealed the decision of the Planning to the City Council; and

WHEREAS, the City Council of the City of National City considered the appeal of the Planning Commission’s denial of the Conditional Use Permit at a duly advertised public hearing held on October 17, 2023, at which time oral and documentary ev idence was presented; and

WHEREAS, at said public hearing the City Council considered the staff report contained in Case File No. 202 2-35 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and

WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and

WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare.

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

Section 1: The City Council hereby upholds the appellants’ appeal of and overturns the Planning Commission’s decision to deny Conditional Use Permit No. 2022- 35 CUP for on-site beer and wine sales at a new restaurant (Manna Heaven BBQ ) located at 3030 Plaza Bonita Road, Suite 1096, based on the following findings:

Page 89 of 229 ends

1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable pr ovisions of the Land Use Code b ecause alcohol sales and live entertainment are a llowable within the MXD -2 zone , pursuant to a CUP, and the proposed use meets the required guidelines in the Land Use Code for alcohol sales, as discussed in the staff report. It is incidental to the proposed restaurant use in a commercial area.

2. The proposed use is consistent with the General Plan and any applicable specific plan, because the Land Use Code permits a lcohol sales and live entertainment, subject to a CUP , which is consistent with the General Plan. In addition, a restaurant with alcohol sales is co nsistent with the MXD -2 land use designation contained in the Land Use Code and Community Character element of the General Plan.

The building is existing and the new restaurant will have to be built in compliance with all applicable building and fire codes.

Beer and wine will only be available with the sale of food. In addition, all staff members serving alcohol are required to receive RBSS training.

6. The proposed project has bee n reviewed in compliance with the California Environmental Quality Act (CEQA) and has been determined to be categorically exempt from environmental review pursuant to Class 1, Section 15301 (Existing Facilities) for which a Notice of Exemption will be file d subsequent to approval of this Conditional Use Permit. The reason for the exemption is that the use is proposed within an existing commercial building with only minor alterations to the interior of the building permitted by an approved building permit, and the use is

Page 90 of 229 ends

similar to other commercial uses in the area, which are permitted in the MXD-2 zone.

7. The proposed use is deemed essential and desirable to the public convenience or necessity, because alcohol sale will contribute to the viability of the new restaurant, a permitted use in the MXD-2 zone.

8. Based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for the on -site sales of alcoholic beverages in accordance with applicable law and the re commended conditions.

The use, as proposed and conditioned, will operate in harmony with surrounding uses, will not cause a nuisance, and will benefit the community looking for a quality restaurant experience.

Section 2: That the application for Condition al Use Permit is approved subject to the following conditions:

General

1. This Conditional Use Permit authorizes the sale of beer and wine for on -site consumption at a new restaurant (Manna Heaven BBQ ) located at 3030 Plaza Bonita Road, Suite 1096. Plans su bmitted for permits associated with this project shall conform to Exhibit A, Case File No. 2022-35 CUP, dated 11/29/2022.

2. Before this Conditional Use Permit shall become effective, the applicant and the property owner shall both sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit.

The applicant or owner shall also submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant or owner shall pay necessary recording fees to the County.

The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Director of Community Development prior to recordation.

3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 7 53.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department.

Page 91 of 229 ends

4. This permit shall become null and void at such ti me as there is no longer a Type 41 California Department of Alcoholic Beverage Control license associated with the property.

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

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

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

Planning

8. No alcohol sales and consumption practices shall be permitted until the applicant has been issued a Type 41 license from the California Department of Alcoholic Beverage Control.

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

10. The sale of alcoholic beverages shall only be permitted between the hours of 10:00 a.m. and 9:00 p.m. daily.

11. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by the Plannin g Manager or designee or other employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All inf ormation obtained by an investigation of records shall remain confidential.

12. Alcohol shall be available only in conjunction with the purchase of food.

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

14. Permittee sha ll post si gns indicating that alcoholic beverages must be consumed inside the restaurant and may not be taken off-premises.

Page 92 of 229 ends

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

Police

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

Indemnification Agreement
The A pplicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City will promptly notify the Applicant of any claim, action, or proceeding. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, the Applicant shall pay al l of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and Applicant regarding litigation issues, the City shall have the authority to control the litigation and ma ke litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the Applicant shall not be required to pay or perform any settlement unless such settlement is approved by the Applicant.

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 17th day of October, 2023.
__________________________
Ron Morrison, Mayor

ATTEST:
_____________________________
Shelley Chapel, City Clerk
APPROVED AS TO FORM:

Page 93 of 229 ends

_____________________________
Barry J. Schultz
City Attorney

Page 94 of 229 ends

RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIO NAL CITY ,

CALIFORNIA, DENYING THE APPEAL AND AFFIRMING THE PLANNING

COMMISSION DENIAL OF A CONDITIONAL USE PERM IT FOR ON -SALE BEER AND WINE (TYPE-41) AT A NEW RESTAURANT (MANNA HEAVEN BBQ) LOCATED AT 3030 PLAZA BONITA ROAD, SUITE 1096.

WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for for on-site beer and wine sales at a new restaurant (Manna Heaven BBQ ) located at 3030 Plaza Bonit a Road, Suite 1096 at a duly advertised public hearing held on August 21, 202 3, at which time the Commission denied the Conditional Use Permit; and

WHEREAS, subsequent to the Planning Commission denial of the Conditional Use Permit, the applicant (“APPELLANT”) appealed the decision of the Planning to the City Council; and

WHEREAS, the City Council of the City of National City considered the appeal of the Planning Commission’s denial of the Conditional Use Permit at a duly advertised public hearing held o n October 17, 2023, at which time oral and documentary evidence was presented; and

WHEREAS, at said public hearing the City Council considered the staff report contained in Case File No. 2022-35 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and

WHEREAS, the action was taken pursuant to all applicable procedures required by State law and City law; and

WHEREAS, the action taken is found to be essential for the preservation of the public health, safety and general welfare.

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

Section 1: That the City Council hereby denies the appellants’ appeal of and upholds the Planning Commission’s decision to deny Conditional Use Permit No. 2022-35 CUP for on-site beer and wine sales at a new restaurant (Manna Heaven BBQ) located at 3030 Plaza Bonita Road, Suite 1096, and is supported by the following findings:

Page 95 of 229 ends

1. Granting the permit w ould constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the census tract in which the subject property is located is currently over-concentrated with regard to off -sale alcohol outlets – 10 off-sale outlets are permitted where four are recommended by the California Department of Alcoholic Beverage Control.

2. The proposed use is not deemed essential to the public necessity, as there are already seven restaurants in the same location that serve alcohol.

3. Based on the above findings, public convenience and necessity will not be served by a proposed use of the property f or the retail sales of alcoholic beverages pursuant to law.

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 17th day of October, 2023.

__________________________
Ron Morrison, Mayor

ATTEST:
_____________________________
Shelley Chapel, City Clerk
APPROVED AS TO FORM:
_____________________________
Barry J. Schultz
City Attorney

Page 96 of 229 ends

AGENDA REPORT

Department: Planning
Prepared by: Martin Reeder, AICP – Planning Manager
Meeting Date: Tuesday, October 17, 2023
Approved by: Ben Martinez, Interim City Manager

SUBJECT:

Public Hearing- Conditional Use Permit for Alcohol Sales and Karaoke at a New Entertainment Center (Round 1 Bowling & Arcade) to be located at 3030 Plaza Bonita Road Suite 1025, Westfield Plaza Bonita.

RECOMMENDATION:

Staff recommends A pproval of the Sale of On-Site B eer, Wine, and Distilled Spirits with Live Entertainment, Subject to the R ecommended Conditions in the Attached Resolution and a Determination that the Project is Exempt from CEQA. The Sale of Alcohol is a Conditionally-Allowed Use in the MXD -2 Zone and would be Accessory to Food Sales at the Proposed Entertainment Center.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

The Planning Commission approved the Conditional Use Permit by Majority Vote of those present.

Ayes: Armenta, Castle, Miller, Sendt, Sanchez, Quinonez Absent: Valenzuela

EXPLANATION:

Executive Summary
Round1 Bowling & Arcade has applied for a California Department of Alcoholic Beverage Control (ABC) Type 47 license to offer beer, wine, and distilled spirits sales for on-site consumption at a new entertainment center in a 58,213 square-foot suite at Westfield Plaza Bonita Mall. Live entertainment in the form of karaoke is proposed, which will be limited to private party rooms. The hours of operation as proposed by the applicant are from 10:00 a.m. to 2:00 a.m. daily.

The Planning Commission recommended approval of the CUP request with alcohol sales hours of 10:00 a.m. to midnight daily, per the suggestion of staff. The City Council considered a Notice of Decision for the Commission approval at their meeting of October 3, 2023 and held the item over for a hearing at the request of a community member.

Site Characteristics
The new entertainment center is to be located in a 58,213 square-foot suite in Westfield Plaza Bonita Mall. This suite occupies the former location of John’s Incredible Pizza, a similar business that previously maintained an alcohol license for on-site beer and wine, along with additional area that was previously retail suites in the interior of the mall. The previous Conditional Use Permit (CUP) for alcohol sales at this location was discontinued after o perations ceased in 2021. The mall is

Page 97 of 229 ends

located in the southeast corner of National City, south of Sweetwater Road on a 71 -acre site in the MXD -2 zone, and it includes approximately 24 acres of building area and 4,400 parking spaces. There are currently seven restaurants with CUPs for on-site alcohol sales at the mall and Round1 Bowling & Arcade proposes to be the eighth licensed business. In addition, a denied request for a CUP for on -site alcohol sales at the proposed restaurant Manna Heaven BBQ is currently in the appeal process.

Proposed Use
The business is proposing to sell beer, wine, and distilled spirits on site (ABC Type 47) in conjunction with food sales at a new entertainment center. The proposed hours of operation are from 10:00 a.m. to 2:00 a.m. daily. Live entertainment in the form of karaoke within private party rooms is also proposed.

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

Hours of Operation
The applicant has requested to sell alcohol and conduct live entertainment during their proposed hours of operation (10:00 a.m. to 2:00 a.m. daily). The only previous CUP to be granted permission for alcohol sales as late as 2:00 a.m. was for Machete Beer House, an existing bar located on Highland Avenue. Gerry’s Grill, a restaurant loc ated in the mall, was granted permission by CUP to sell alcohol until 12:00 a.m. on Fridays and Saturdays and 11:00 p.m. on all other days. This restaurant is also permitted to have live entertainment.

The request by Round1 Bowling & Arcade to serve alcoh ol as late as 2:00 a.m. would be more consistent with an establishment for which the principal use is the sale of alcoholic beverages for on-site consumption, such as a bar or nightclub. While there are no current businesses in National City that offer alcohol with bowling and other amusements, the City of San Diego has two such locations located in their downtown area: Tavern+Bowl East Village and Punch Bowl Social. Both locations close at 12:00 a.m. For this reason, staff is recommending a condition of ap proval restricting alcohol sales to 12:00 a.m., which is consistent with those approved for Gerry’s Grill on the weekends and other establishments in the region that are similar to the proposed use. Since the proposed live entertainment is limited to priva te party rooms, staff is not recommending modified hours for the live entertainment.

Community Meeting – Pursuant to Section 18.30.050 (C) of the National City Zoning Code, a community meeting was held on Wednesday, May 31, 2023 from 11:00 a.m. to 12:00 p.m. at a community room located in the mall. The meeting advertisement is attached (Attachment 8). The applicant states there were no members of the public present at the meeting.

Page 98 of 229 ends

Distance Requirements – Commercial uses where alcohol is sold accessory to the primary use are required to be 660 feet from any Institutional-zoned public school within the boundaries of the City and not less than 500 feet from similar uses. No such uses are within 660 feet or 500 feet of the proposed entertainment center. The only school in proximity to the proposed use is Sweetwater Secondary School, a charter school that primarily educates students through online instruction. This location is within the mall and has an on-site learning lab.

Alcohol Sales Concentration/Location
Per the California Department of Alcoholic Beverage Control (ABC), there are currently 10 on-site sale licenses in this census tract (32.04) where a maximum of four are recommended, meaning that the census tract is considered by ABC to be over -saturated with regard to alcohol sales outlets. ABC recommendations are based on the number of persons living within a tract and, therefore, it is not unusual for commercial areas to be at or near concentration. For reference, there are seven on-site alcohol outlets in the census tract within National City (the other three are in Chula Vista). The outlets are:

* Type 41 - On-Sale of Beer and Wine
* Type 47 - On-Sale of Beer, Wine, and Liquor

Concerns related to overconcentration usually revolve around areas close to residential or other sensitive uses. In this case, the multiple alcohol -licensed businesses are located in a self - contained area (shopping mall) that serves as a draw for multiple commercial uses. The concentration of commercial shopping, service, and restaurant outlets results in customers making several stops at the shopping center, rather than specialty visits to one type of business only (e.g. restaurant). As a result, concerns related to nuisance issues from alcohol -licensed businesses are lessened due to less time being spent in any one business.

“Overconcentration” is defined by ABC as when the ratio of on-sale retail licenses to population in the census tract in which the applicant premises are located exceeds the ratio of on-sale retail licenses to population in the county in which the applicant premises are located. A census tract contains approximately 4,500 residents (+/ -). Because National City is significantly denser than the County of San Diego at large (and denser than any other city in the County), overconcentration is more likely due to smaller and denser census tracts.

Page 99 of 229 ends

Ultimately, the City may still approve (and has approved) CUPs for alcoh ol where overconcentration exists. In the case of on -sale outlets (such as restaurants), issues related to overconcentration are lessened due to over-serving laws and self-policing by business operators.

This is opposite to off-sale outlets (such as liquor stores), where alcohol use (and abuse) is harder to control.

Police Department (PD)
The ABC Risk Assessment provided by PD allocated a total of 19 points, which places it in the High Risk category. High Risk is considered 19 to 24 points. The factors that led to this assessment included the type of business, hours of operation, inclusion of live entertainment with the proposed use, crime rate, and the concentration of alcohol-licensed businesses.

The applicant proposes several measures to reduce the risks related to alcohol use and crime:

 Responsible Beverage Sales and Service (RBSS) training is required for staff.  There will be a dedicated on-duty manager for alcohol service at all hours of operation.  Electronic identification scanners will be used for age verification.  Wristbands identifying patrons that are permitted to order alcohol will be required.  Third-party security personnel will patrol the premises daily.  Minors will not be permitted within the bar area.
 Guests under the age of 18 will require a guardian at least 25 years of age with them after 10:00 p.m. as well as guests under 21 after 12:00 a.m.

Institute for Public Strategies (IPS)
Comments were received from IPS with the following considerations:

1. Staff should verify the age of all patrons ordering who appear to be under the age of thirty rather than twenty-one.

2. Alcohol sales should end by 12:00 a.m., consistent with other bowling alleys where alcohol is served.

3. The purchasing and identification system for alcohol should be tested by a third party at a minimum of four times a year.

4. An analysis of the maximum capacity for occupancy and the number of employees monitoring areas with alcohol consumption should be conducted.

Staff’s recommendation for hours of operation for alcohol sales is consistent with IPS. The other three recommendations would be considered best management practices, but not necessarily enforceable by conditions of approval. The applicant will be made aware of the recommendations, which they may consider for their policies.

Public Comment
No written comments were received prior to the Planning Commission public hearing on Monday, September 18, 2023. One member of the public spoke at the hearing with safety concerns related to the proposed use and the operator’s security plan.

Page 100 of 229 ends

Findings for Approval
The following are the required findings in the attached draft resolution:

1. Allowable Use: Alcohol sales and live entertainment are allowable within the MXD-2 zone, pursuant to a CUP, and the proposed use meets the required guidelines in the Land Use Code for alcohol sales, as discussed in the staff report. It is incidental to the proposed entertainment center and eating place use in a commercial area.

2. General Plan Consistency: Alcohol sales and live entertainment are permitted, subject to a CUP, by the Land Use Code, which is consistent with the General Plan. In addition, an entertainment center and eating place with alcohol sales is consistent with the MXD-2 land use designation contained in the Land Use Code and Community Character element of the General Plan.

The proposed use would be incidental to the primary use of an entertainment center and eating place.

4. No Nuisance: The proposed use will be subject to conditions that limit the sale of alcohol as well as the hours that it will be available. Alcohol will only be available with the sale of food.

In addition, all staff members serving alcohol are required to receive RBSS training. Live entertainment will be confined to private party rooms and will have no possibility of creating excessive noise or other concerns ordinarily associated with other types of live entertainment.

5. California Environmental Quality Act (CEQA): The proposed project has been reviewed in compliance with the Califor nia Environmental Quality Act (CEQA) and has been determined to be categorically exempt from environmental review pursuant to Class 1, Section 15301 (Existing Facilities) for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. The reason for the exemption is that the use is proposed within an existing commercial shopping center with only minor alterations to the exterior and interior of the building permitted by an approved building permit, and the use is similar to other commercial uses in the area, which are permitted in the MXD-2 zone.

6. Public Convenience and Necessity: Alcohol sales will contribute to the viability of the new entertainment center, a permitted use in the MXD-2 zone.

Findings for Denial
Due to the concentration of establishments with on-sale alcohol licenses, there are also three findings for denial as follows:

Page 101 of 229 ends

sale alcohol outlets – 10 on-sale outlets are permitted where four are recommended by the California Department of Alcoholic Beverage Control.

2. The proposed use is not deemed essential to the public necessity, as there are already seven establishments in the same location that serve alcohol.

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

Summary
The proposed use is consistent with the General Plan due to alcohol sales for on-site consumption being a conditionally-allowed use in the MXD-2 zone. The alcohol sales use would be accessory to the entertainment center and eating place use in an established commercial area. The inclusion of conditions consistent with policy 707 is intended to alleviate concerns related to area impacts.

Options

1. Approve 2023-11 CUP subject to the conditions included in the Resolution, or other conditions, and based on the findings included in the Resolution, or other findings to be determined by the City Council; or,

2. Deny 2023-11 CUP based on the attached fin dings, or findings to be determined by the City Council; or,

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

FINANCIAL STATEMENT:

An application fee of $3,700 was paid with the submittal of the subject CUP. Fees are anticipated to cover the cost of staff review time and processing of the permit.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Balanced Budget and Economic Development

ENVIRONMENTAL REVIEW:

This is a project under CEQA subject to a Categ orical 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

Page 102 of 229 ends

EXHIBITS:

Exhibit A – Planning Commission Resolution 2023-23
Exhibit B – Overhead
Exhibit C – Applicant's Plans (Exhibit A, Case File No. 2023-11 CUP, dated 7/11/2023) Exhibit D – Census Tract & Beat Maps
Exhibit E – Police Department Comments
Exhibit F – IPS Comments
Exhibit G – Community Meeting Advertisement
Exhibit H – Draft Resolution

Page 103 of 229 ends

Page 104 of 229 ends

Page 105 of 229 ends

Page 106 of 229 ends

Page 107 of 229 ends

Page 108 of 229 ends

Quinones, Sendt, Sanchez, Miller, Castle, Armenta.

None.

Valenzuela.

None.

Page 109 of 229 ends

2023-11 CUP – 3030 Plaza Bonita Road, Suite 1025 – Overhead

Page 110 of 229 ends

EXHIBIT A: CASE FILE NO. 2023-11 CUP, dated 7/11/2023

Page 111 of 229 ends

Page 112 of 229 ends

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

Page 113 of 229 ends

City of National City
Beat 23
Source: Microsoft Mappoint
NCPD CAU, 4/18/07

Page 114 of 229 ends

Notes:

NATIONAL CITY POLICE DEPARTMENT

ALCOHOL BEVERAGE CONTROL

RISK ASSESSMENT
DATE:

BUSINESS NAME:

ADDRESS:

OWNER NAME: DOB:

OWNER ADDRESS:
(add additional owners on page 2)
I. Type of Business
Restaurant (1 pt)
Market (2 pts)
Bar/Night Club (3 pts)
Tasting Room (1pt)
II. Hours of Operation
Daytime hours (1 pt)
Close by 11pm (2 pts)
Close after 11pm (3 pts)
III. Entertainment
Music (1 pt)
Live Music (2 pts)
Dancing/Live Music (3 pts)
No Entertainment (0 pts)
IV. Crime Rate
Low (1 pt)
Medium (2 pts)
High (3 pts)
V. Alcohol Businesses per Census Tract
Below (1 pt)
Average (2 pts)
Above (3 pts)
Revised: 8/16 1 of 2
07/19/23
Round 1 Bowling and Arcade
3030 Plaza Bonita Road #1025, National City, CA 91950
Shintaro Kaji
- Currently, there are (2) off sale licenses authorized in tract 32.04 - Currently,there are (5) on sale licenses authorized in tract 32.04 - Currently, there are (10) active on sale licenses in tract 32.04 - Currently, there are (1) off sale licenses active in tract 32.04 ✔
✔
✔
✔
✔

Page 115 of 229 ends

National City Police Department ABC Risk Assessment
VI. Calls for Service at Location (for previous 6 months) Below (1 pt)
Average (2 pts)
Above (3 pts)
VII. Proximity Assessment (1/4 mile radius of location) Mostly commercial businesses (1 pt)
Some businesses, some residential (2 pts)
Mostly residential (3 pts)
VIII. Owner(s) records check
No criminal incidents (0 pts)
Minor criminal incidents (2 pts)
Multiple/Major criminal incidents (3 pts)
OWNER NAME: DOB:

OWNER ADDRESS:

OWNER NAME: DOB:

OWNER ADDRESS:

Recommendation:

Completed by: Badge ID:

Revised: 8/16
2 of 2
Low Risk ( 12pts or less)
Medium Risk (13 – 18pts)
High Risk (19 – 24pts)
Total Points19
Shintaro Kaji
This tract,specifically the Plaza Bonita Mall, is over populated with businesses that serve alcohol on site.

The (10) ten other active on sale retail licenses are restaurants and do not have an entertainment component to their business. All of the other on sale retail licensed businesses close prior to 2am except one.

Standards and minimums should to be set for security guards at the business especially during night time and weekend hours to prevent criminal activity, limit the need for emergency services and prevent the business from having similar problems to the violent crimes that are occurring at similar style business like Dave and Busters in Mission Valley.

Based on this form, this business is assessed at a high risk. I believe a "high risk" is an appropriate assessment.

J. Camacho, Sergeant 449
✔
✔
✔

Page 116 of 229 ends

Funded by the San Diego County Health and Human Services Agency 8885 Rio San Diego Drive #117  San Diego, California, 92108 Phone: 619.476-9100  Fax: 619.476-9104 www.publicstrategies.org
Environmental Scan for
Proposed Type 47 Alcohol CUP
3030 Plaza Bonita Road, Suite 1025, National City, CA 91950 Conducted: July 24, 2023
Photo of the proposed location.

An environmental scan was conducted on Monday, July 24, 2023 for a proposed Type 47 on-sale alcohol license at 3030 Plaza Bonita Road, Suite 1025. The proposed location is within the shopping mall Westfield Plaza Bonita.

Page 117 of 229 ends

During a scan of the business and premises, the following was noted:
• The business is located in a predominantly commercial area of a Mixed-Use District. • The location has multiple transportation options including traditional car infrastructure, bus stops and a nearby bike path.
• There are multiple full-service restaurants in close proximately to the proposed location, including a food court on the second floor of the mall and an Applebee’s directly across from the back side of the proposed site.

Youth Sensitive Areas
Sweetwater Secondary School (approximately 400 feet away; located within the same shopping mall in Suite 1000)
Sweetwater Heights Park (approximately 2,800 feet away) Churches
Centro Victoria National City (approximately 2,630 feet away) is the closest one to this location.

Outlet Density
According to the ABC, five (5) on-sale licenses are authorized for Census Tract #32.04, which is the census track where 3030 Plaza Bonita Road, National City, is located. There are already 10 on-sale licenses for this census tract according to ABC records – exceeding ABC recommendations by 200%.

Map of Census Tract 32.04

Page 118 of 229 ends

Census Tracts
Off-Sale On-Sale
Census Tract 32.04
Establishment is within this tract
Allowed: 2
Currently there is: 1
The census tract is currently
not overconcentrated for off-
sale licenses
Allowed: 5
Currently there are: 10
This census tract is 200%
overconcentrated per
ABC guidelines
Crime Rate
Below is a crime map for this location from crimemapping.com for the month of July 2023. Plaza Bonita Road near the mall has been the site of a cluster of criminal activity. Several crimes including assault, car theft, vandalism and possession of narcotics have been reported in the area. A follow up request for crime-related information from personnel within the City of National City Police Department may result in obtaining a more detailed crime rate for this location.

Page 119 of 229 ends

Considerations
The following are considerations if a CUP is issued:

1. Require that servers/management check for valid identification for patrons appearing under the age of thirty (30), rather than twenty-one (21), when patrons order alcohol.

2. To prevent a potential increase in crime and nuisance problems, require that alcohol sales end by 12:00 am daily, which is consistent with bowling alleys in the area.

3. At a minimum of four times per year, an outside entity should test the purchasing and identification verification system of the licensee, under the direction of the National City Police Department or the California ABC.

4. An analysis of maximum capacity for occupancy and number of employees planned to monitor areas where alcohol consumption is occurring is recommended.

Page 120 of 229 ends

Page 121 of 229 ends

Page 122 of 229 ends

Page 123 of 229 ends

RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CIT Y,

CALIFORNIA, APPROVING A CONDITIONAL USE PERM IT FOR ON-SALE ALCOHOL (TYPE-47) AT A NEW ENTERTA INMENT CENTER AND EA TING PLACE (ROUND1 BOWLING & ARCADE) LOCATED AT 3030 PLAZA BONITA ROAD, SUITE 1025.

WHEREAS, the City Council of the City of National City considered a Conditional Use Permit for on -site alcohol sales at a new entertainment center and eating place (Round1 Bowling & Arcade) located at 3030 Plaza Bonita Road, Sui te 1025 at a duly advertised public hearing held on October 17, 2023 , at which time oral and documentary evidence was presented; and

WHEREAS, at said public hearing the City Council considered the staff report contained in Case File No. 2023-11 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and

WHEREAS, the Planning Commission of the City of National City considered the Conditional Use Permit application at a duly advertised public heari ng held on September 18, 2023, at which time the Commission recommended approval of the Conditional Use Permit; and

WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and

WHEREAS, the action hereby ta ken is found to be essential for the preservation of the public health, safety and general welfare.

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

Section 1: That the evidence pre sented to the City Council at the public hearing held on October 17, 2023, support the following findings:

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

Page 124 of 229 ends

staff report. It is incidental to the proposed entertainment center and eating place use in a commercial area.

2. The proposed use is consistent with the General Plan and any applicable specific plan, because alcohol sales and live entertainment are permitted, subject to a CUP, by the Land Use Code, which is consistent with the General Plan. In addition, an entertainment center and eating place with alcohol sales is consistent with the MXD-2 land use designation contained in the Land Use Code and Community Character element of the General Plan.

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

4. The site is physically suitable for the type, densit y, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, because the proposed uses would be incidental to th e primary use of an entertainment center with food sales. The building is existing and alterati ons to the interior and exterior of the proposed suite will have to be built in compliance with all applicable building and fire codes.

5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safe ty, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the proposed use will be subject to conditions that limit the sale of alcohol as well as the hours that it will be available. Alcohol will only be available with the sale of food. In addition, all staff members serving alcohol are required to receive RBSS training. Live entertainment will be confined to private party rooms and will have no possibility of creating excessive noise or other concerns ordinarily associated with other types of live entertainment.

6. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and has been determined to be categorica lly exempt from environmental review pursuant to Class 1, Section 15301 (Existing Facilities) for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. The reason for the exemption is that the use is proposed with in an existing shopping center with only minor alterations to the

Page 125 of 229 ends

exterior and interior of the building permitted by an approved building permit, and the use is similar to other commercial uses in the area, which are permitted in the MXD-2 zone.

7. The proposed use is deemed essential and desirable to the public convenience or necessity, because alcohol sale will contribute to the viability of the new entertainment center, a permitted use in the MXD-2 zone.

8. Based on findings 1 through 7 above, public conveni ence and necessity will be served by a proposed use of the property for the on -site sales of alcoholic beverages in accordance with applicable law and the recommended conditions.

The use, as proposed and conditioned, will operate in harmony with surroundin g uses, will not cause a nuisance, and will benefit the community looking for entertainment and dining.

Section 2: That the application for Conditional Use Permit is approved subject to the following conditions:

General

1. This Conditional Use Permit authorizes the sale of beer, wine, and distilled spirits for on-site consumption and live entertainment at a new entertainment center and eating place (Round1 Bowling & Arcade) located at 3030 Plaza Bonita Road, Suite 1025. Plans submitted for permits associate d with this project shall conform to Exhibit A, Case File No. 2023-11 CUP, dated 7/11/2023.

The No tice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Director of Community Development prior to recordation.

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

Page 126 of 229 ends

made payable to the County Clerk and submitted to the National City Planning Department.

4. This permit shall become null and void at such time as there is no longer a Type 47 California Department of Alcoholic Beverage Control license associated with the property.

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

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

Planning

8. No alcohol sales and consumption practices shall be permitted until the app licant has been i ssued a Type 47 license from the California Department of Alcoholic Beverage Control.

10. The sale of alcoholic beverages shall only be permitted between the hours of 10:00 a.m. and 12:00 a.m. daily.

11. Live entertainment in the form of karaoke is authorized within private party rooms.

No other forms of live entertainment are permitted without modification of this Conditional Use Permit.

12. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by the Planning Manager or designee or other employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. A ll information obtained by an investigation of records shall remain confidential.

13. Alcohol shall be available only in conjunction with the purchase of food.

Page 127 of 229 ends

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

15. Permittee shall post si gns indicating that alcoholic beverages must b e consumed inside the business and may not be taken off -premises. No outdoor consumption is permitted.

16. A fully operational, digitally recorded CCTV security system that covers all points of entry/exit, sales of alcoholic beverages, karaoke/party rooms, and overall locations where alcoholic beverages may be consumed within the property shall be required while the use authorized by this permit is maintained.

17. The operator of the business shall maint ain an active business license and ensure that the business license is renewed annually.

18. Prior to the approval of a business license for this location, the applicant shall submit an operations plan to the Planning Division providing details on their policies related to alcohol sales and service and security. The operations plan shall substantially conform to the procedures provided in the project description submitted with the application for 2023 -11 CUP dated 6/28/2023, save and except, polices adopted in conformance with the recommendations provided by the Institute for Public Strategies.

19. Building plans associated with the proposed entertainment center shall comply with the current editions of the California Building Code and California Fire Code.

Police

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

Indemnification Agreement
The Applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City will promptly notify the Applicant of any claim, ac tion, or proceeding. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, the Applicant shall pay all of t he costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and Applicant regarding litigation issues, the City shall have the authority to control the litigation and make lit igation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the

Page 128 of 229 ends

Applicant shall not be required to pay or perform any settlement unless such settlement is approved by the Applicant.

Section 3: That the City Council hereby approves the Conditional Use Permit for the sale of on -site beer, wine, and distilled spirits with live entertainment at the new Round1 Bowling & Arcade to be located at Westfield Plaza Bonita.

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

PASSED and ADOPTED this 17th day of October, 2023.
__________________________
Ron Morrison, Mayor

ATTEST:
_____________________________
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
_____________________________
Barry J. Schultz.

City Attorney

Page 129 of 229 ends

AGENDA REPORT

Department: Planning
Prepared by: Martin Reeder, AICP – Planning Manager
Meeting Date: Tuesday, October 17, 2023
Approved by: Ben Martinez, Interim City Manager

SUBJECT:

Declaration that the real property owned by the City and located at 720 West 23rd Street in National City (APN 559-118-02) is surplus land, no longer needed for City purposes, and is non- exempt under the Surplus Land Act.

RECOMMENDATION:

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

Background:

The City owns that certain real property located at 720 West 23rd Street in National City, with Interstate 5 to the east, Cleveland Avenue to the west, and Bay Marina Drive to the south, and is more particularly known as Assessor’s Parcel Number (APN) 559 -118-02 (the “Property”). The

1.27-acre Property, which is currently zoned as Medium Manufacturing (MM), is located in the Coastal Zone and is therefore subject to the requirements of the California Coastal Act, as implemented by the City’s Local Coastal Program (“LCP”). The Property was included in the Port of San Diego’s Balanced Plan environmental review process and will be subject to an amendment to the City’s LCP and General Plan.

Under the Surplus Land Act (Gov. Code §§ 54220-54234) (the “Act”), if a public agency does not use land owned by the public and has no written plans to use the land, the agency may take formal action during a regular public meeting to declare the land to be surplus property not necessary for the agency’s use. The surplus land must be declared to be either surplus land or exempt surplus land before the public agency may take action to dispose of it.

In 2009, the County of San Diego County recorded a deed restriction that strictly prohibits residential uses on the Property because the Property was previously used as a municipal and industrial waste disposal site in the early 1900s. Ordinarily, a similar restriction would qualify the Property for an exemption from the Act because the Property is subject to a valid legal restriction not imposed by the City that makes housing prohibited on the site, and there is no feasible method to satisfactorily mitigate or avoid the prohibition. The State’s Housing and Community Development Department (HCD) originally agreed that the property was to be restricted, however, recently they determined because the Property is located within the Coastal Zone, it does not

Page 130 of 229 ends

qualify as exempt surplus land and, therefore, the City must now send a Notice of Availability for open space pu rposes to certain entities in compliance with Government Code Section 54221(f)(2)(A) under the Act. This property will now be processed with all other City properties.

Analysis:

The Act mandates that public agencies first offer their surplus land to aff ordable housing developers or housing agencies, prior to offering the land to other parties. In this instance, because the Property is located in a Coastal Zone, the City must issue a Notice of Availability for open space purpose (“NOA”) to designated entities, including parks and recreation entities.

The entities have sixty (60) days to provide notice to the City of their interest in the Property. If the City receives a response from the designated entities indicating that they are not interested in the Property, the City may conclude the noticing period. Alternatively, after the expiration of the 60-day noticing period and upon the City’s receipt of any interest from notified agencies, the City may begin to negotiate for the disposition of the Property.

The City is required to negotiate in good faith for ninety (90) days with any interested entity(ies), but the Act does not require that the City come to terms to dispose of the Property. If the City and any interested entity(ies) are unable to agre e to disposition terms after the 90 -day negotiation period, or if there is no interest in the Property following the expiration of the 60-day notice period, the City may dispose of the Property to any other interested entity.

Following the adoption of the attached Resolution declaring that the Property is surplus land, is no longer needed for City purposes, and is non-exempt under the Act, the City will issue the NOA.

Zoning and the Balanced Plan:

As noted above, the Property was included in the Ba lanced Plan and was evaluated in the recently-certified Environmental Impact Report by the Port of San Diego. There, the City proposed changing the current zoning from “Medium Manufacturing” to “Tourist Commercial”.

This rezoning effort will be formalize d in a Local Coastal Program Amendment, which will allow the Property to be developed for hotel and similar visitor-serving uses, or as Council directs.

Summary/Action
The Property is subject to a valid residential restriction that was imposed by the County of San Diego. In order to allow the Property to be developed for visitor-serving uses, as encouraged by the Port’s Balanced Plan and the City’s Strategic Plan (Economic Development), the City Council must determine that the Property is surplus land, is no longer needed for City purposes and can better serve the City’s redevelopment efforts along the San Diego Bay, and adopt a resolution and its findings of facts, as required by the Surplus Land Act.

FINANCIAL STATEMENT:

Approval of this item will enable the eventual sale of this property at a value to be determined and for uses that will further economic development within the City.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Balanced Budget and Economic Development

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.

Page 131 of 229 ends

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A - Resolution

Page 132 of 229 ends

RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE SALE OF REAL PROPERTY KNOWN AS APN : 559 -118-02 AND DECLAR ING THE

PROPERTY IS NO LONGER NEEDED FOR CITY PURPOSES AND THAT SUCH PROPERTY IS NON-EXEMPT UNDER THE SURPLUS LAND ACT.

WHEREAS, the City owns certain real property assets located at 720 West 23 rd Street, with Interstate 5 to the east of the site and Cleveland Avenue to its south known as APN: 559 - 118-02 which is comprised of 1.27 acres; and

WHEREAS, the subject propert y is no longer needed for City purposes and can better serve the City’s redevelopment efforts along the San Diego Bay; and

WHEREAS, prior to the disposition of th is property the Surplus Lands Act requires that the property first be offered to affordable home developers or housing agencies, unless otherwise exempt; and

WHEREAS, this property was formerly used in the early 1900’s as a municipal and industrial waste disposal site commonly known then as “Burn Dumps”; and

WHEREAS, in December 2000 the County Department of Environmental Health (“DEH”) was appointed by the State of California to be the administering agency to mitigate the adverse environmental conditions found on the subject property; and

WHEREAS, as part of the mitigation process DEH imposed a deed restriction that runs with the land and binds all future land owners to the conditions of the deed restriction; and

WHEREAS, section 4.01 (a) of the deed restriction strictly prohibits residential uses on the subject property; and

WHEREAS, the Surplus Lands Act and its corresponding Guidelines exempts certain properties where a validly imposed restriction is placed on the property that prohibits residential development and where such restrictions are imposed by another agency having authority of such matters; and

WHEREAS, the State’s Housing and Community Development Department originally agreed that the property was to be restricted, however, recently they determined that because the property is located within the Coastal Zone, it does not qualify as exempt surplus land; and

WHEREAS, the City must now send a Notice of Availability for open space purposes to certain entities in compliance with Government Code Section 54221(f)(2)(A) under the Surplus Lands Act.

Page 133 of 229 ends

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

Section 1: Findings of Fact are as follows:

1. The subject property was used extensively for municipal and industrial waste disposal throughout the early 1900’s where waste was burned and then buried.

2. This waste is largely still buried onsite at shallow depths and would present a danger to the health and safety of long-term residents if residential housing was allowed to occur on the subject property.

3. By deed restriction Document No. 2009-0261358 the DEH under Section 4.01 (a) prohibits residential uses on the subject property.

4. The County of San Diego DEH is not an agency of the City of National City.

5. The Surplus Lands Act and its Guidelines normally exempts these properties under Surplus Lands Act Guidelines Section 103(b)(3)(G).

6. The subject property is located in the Coastal Zone and does not qualify as exempt surplus land and the City must send a Notice of Availability for open space purposes to certain entities in compliance with Government Code Section 54221(f)(2)(A).

7. The subject property is no longer needed or useful for City purposes.

8. Disposing of the subject property will aid in the City’s efforts to enhance its bayfront planning and economic goals.

Section 2: Based on the Findings of Fact set forth above, the City Council hereby declares that the property is no longer needed for City uses and that the property is non-exempt under the Surplus Lands Act.

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

PASSED and ADOPTED this 17th day of October, 2023

________________________
Ron Morrison, Mayor
ATTEST:

__________________________
Shelley Chapel, MMC, City Clerk

APPROVED AS TO FORM:

___________________________
Barry J. Schultz, City Attorney

Page 134 of 229 ends

AGENDA REPORT

Department: City Clerk's Office
Prepared by: Shelley Chapel, City Clerk
Meeting Date: Tuesday, October 17, 2023
Approved by: Ben Martinez, Interim City Manager

SUBJECT:

Annual Review of City Council Policy Manual

RECOMMENDATION:

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

As per Council Policy No. 101, the City Council Policy Manual should be reviewed on an annual basis and updated as necessary. In FY 2021, a project team consisting of the Assistant City Manager, Assistant City Attorney and the current City Clerk completed a review of the City Council Policy Manual, a review that had not been completed in a number of years. Staff is returning with changes to twelve (12) additional Council Policies that require minor clean-up. The thirteen (13) Council Policies presented for consideration are Council Po licy Nos. 104, 108, 111, 112 (eliminate), 115, 117, 204, 205, 301, 401, 402, 603, and 711 (eliminate).

Attached is a report with detailed staff recommendations regarding City Council Policy 104, 108, 111, 112 (eliminate), 115, 117, 204, 205, 301, 401, 402 , 603, and 711 (eliminate). The policies referred to are attached and redlined to highlight staff’s recommendations and any associated notes.

FINANCIAL STATEMENT:

Not Applicable

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Communication and Outreach

ENVIRONMENTAL REVIEW:

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

PUBLIC NOTIFICATION:

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

ORDINANCE:

Not Applicable

Page 135 of 229 ends

EXHIBITS:

Exhibit A – Staff Recommendations
Exhibit B – Policy 104 – Rules of Procedure and Order for City Council Meetings - Redline Exhibit C – Policy 108 - City Manager as Chief Administrative Officer - Redline Exhibit D – Policy 111 - Utilization of City Vehicles in Non-Safety Related Capacities - Redline Exhibit E – Policy 112 - Document Reproduction – Redline (eliminate) Exhibit F – Policy 115 - Donation of Surplus City Property and Police Department Unclaimed Property - Redline
Exhibit G – Policy 117 - Distribution and Report of Tickets and Passes Distributed by the City to City Officials - Redline
Exhibit H – Policy 204 - Donation Acceptance Policy - Redline Exhibit I – Policy 205 - Intrabudget Adjustment Request Policy for Mayor and the City Council – Redline
Exhibit J – Policy 301 - Legislative and Judicial Platform - Redline Exhibit K – Policy 401 - Environmental Guidelines - Redline Exhibit L – Policy 402 - Procedures and Requirements for Development Agreements - Redline Exhibit M – Policy 603 - Use of Volunteers by the City Council – Redline Exhibit N – Policy 711 - Environmentally Preferable Purchases and Practices (EPPP) - Redline (eliminate)
Exhibit O - Resolution

Page 136 of 229 ends

Summary of Staff Recommended Amendments to City Council Policies

In FY 2021, a project team consisting of the Assistant City Manager, Assistant City Attorney, and current City Clerk completed a review of the complete City Council Policy Manual. A cumulative staff review of the City Council Policy Manual has not been completed in a number of years prior to 2021. Staff brought forward a number of changes to the City Council Policy Manual which were approved by City Council at the October 5, 2021 City Council Meeting.

On August 15, 2023, staff returned with ten (10) updated policies with minor changes.

Staff is returning with changes to thirteen (13) additional City Council Policies: Policy Nos. 104, 108, 111, 112 (eliminate), 115, 117, 204, 205, 301, 401, 402, 603, and 711 (eliminate).

Below is a high -level overview of some of the staff r ecommendations regarding all thirteen (13) policies. The policies referred to are attached and redlined, which include staff recommendations and notes.

Clerical changes are included for consistency throughout the manual and follow the City style guides and procedures.

Prior Policy Amendments have been added to the end of each policy to provide a historical reference to prior changes made.

Staff Recommendations – High-Level Review

City Council Policy #104 – Rules of Procedure and Order for City Council Meetings

Page 8 of 31 ends

Add AB 2449 procedure to the policy as outlined per Legislation

Page 14 of 31 ends

Add C(4) Deadline to receive all written public comments and registration of public comment on Zoom will be Noon on the day of the Public Meeting. This provides staff time for processing prior to the meeting.

City Council Policy #108 – City Manager as Chief Administrative Officer Grammatical cleanup in languages, and clarifying language added throughout policy.

Page 1 of 1 ends

Replace the community at large, with their districts.

Add City to City Council

Page 1 of 1 ends

Add clarifying language. The purpose of this policy is to clarify the City Manager’s responsibilities and to establish guidelines under which the City Council issues directives to City staff members.

Page 1 of 1 ends

Remove, as well as the City Clerk’s office. This is now an appointed position and falls under Department Directors umbrella.

Page 137 of 229 ends

Page 1 of 1 ends

Listed all the historical amendments to this policy.

City Council Policy #111 – Utilization of City Vehicles in Non-Safety Related Capacities Grammatical cleanup in languages, and clarifying language added throughout policy.

Page 1 of 1 ends

Listed all the historical amendments to this policy.

City Council Policy #112 – Document Reproduction
Eliminate Policy - REMOVE – Policy is covered by the Public Records Act/Protocol

City Council Policy #115 – Donation of Surplus City Property and Police Department Unclaimed Personal Property
Grammatical cleanup in languages, and clarifying language added throughout policy.

Prior Policy Amendments
Listed are all the historical amendments to this policy.

City Council Policy #117 – Distribution and Report of Tickets and Passes Distributed to, or at the behest of, a City Official

Grammatical cleanup in languages, and clarifying language added throughout policy.

Page 1 of 6 ends

Remove Community Development Commission of the City of National City (CDC) Add Also affected are any other affiliated agency created or activated by the National City City Council, and any commission, committee, board or department thereof.

Page 1 of 6 ends

1.0 (c) add (Biennial Updates in even years)

Page 2 of 6 ends

3.1 Remove reference to the Community Development Commission of the City of National City

Page 3 of 6 ends

4.4 Remove reference to gender “his/her” and “he/she” sole discretion, and he/she deems, change to deemed

Prior Policy Amendments
Listed are all the historical amendments to this policy.

City Council Policy #204 – Donation Acceptance Policy
Grammatical cleanup in languages, and clarifying language added throughout policy.

Page 1 of 4 ends

4. Delete the word aesthetically

Page 2 of 4 ends

10. Remove the word Recipient, and whether monetary or otherwise

Page 138 of 229 ends

Add Other departments may accept non -monetary donations subject to the other provisions of this policy and

12. Remove all donations, regardless of value and the word one and denomination of ($100) Add donations exceeding two-hundred and fifty dollars ($250)

Prior Policy Amendments
Listed are all the historical amendments to this policy.

City Council Policy #205 – Intrabudget Adjustment Request Policy for the Mayor and City Council
Grammatical cleanup in languages, and clarifying language added throughout policy.

Page 1 of 1 ends

Remove attached to this Policy
Add form, available from the Finance Department
Prior Policy Amendments:

Listed are all the historical amendments to this policy.

Removal of the form attached as pages 2-3

City Council Policy #301 – Legislative and Judicial Platform Grammatical cleanup in languages, and clarifying language added throughout policy.

Throughout document added the word City with Council – City Council

Page 1 of 9 ends

Replaced the League of California Cities with new branding Cal Cities

Add to last paragraph
For the purpose of the Legislative Platform, the term “City” includes the City of National City, Community Development Commission – Housing Authority, Successor Agency to the Community Development Commission (“Successor Agency”), the Parking Authority, and Joint Powers Financing Authority.

Page 2 of 9 ends

Remove On or before June 1st, the City Council shall formall y adopt the budget items for inclusion on behalf of National City.

Related Policy References
Removing – Related Policy References Legislative and Judicial Platform Memo attached as part of this policy.

Corrected information by adding February 24, 1981 – (Resolution No. 13,516) Adopting Legislative Policy Guidelines

Page 3 of 9 ends

Update with the correct year 2023
Remove the word Municipal from title
Remove the word eight in summary line of priorities
Adding The City supports efforts that reflect a positive, collective and cohesive approach to regional solutions, as long as local control is maintained.

Page 139 of 229 ends

Replace the word these with all

Page 4 of 9 ends

Replace the words its surrounding area with the San Diego Region

Page 4 of 9 ends

Replace the words attempted to with worked

Page 6 of 9 ends

Replace the word municipality’s with City’s

Page 6 of 9 ends

Add the words Job creation, workforce

Page 6 of 9 ends

Remove the word Affordable from title of section.

Add the word homeless
Add: The City supports efforts to establish a permanent funding source for the development, rehabilitation and preservation of affordable housing. Advocate for efforts to review and reduce state-mandated regulations on housing development.

Remove: The following platform statements address additional legislative issues that may arise, and appear regularly at the federal and state levels.

Add to the fourth paragraph a target for unmeritorious lawsuits based on the City’s more advantages financial position, whether real or perceived, than that of the true tortfeasor.

Remove: a “deep pocket” liability target.

Change title of section from Employee Labor Relations and Benefits removing the word Employee

Add: The City opposes efforts that would increase the City’s liability for unemployment compensation and retirement pensions.

The City op poses efforts that would increase employee Workers’ Compensation benefits without system reforms to offset increased employer costs, and that would provide presumptive eligibility for the award of Workers’ Compensation.

Page 8 of 9 ends

Add the word prevention and remove the word and
Add:

The City supports efforts to provide the City with additional resources such as behavioral health clinicians and homeless outreach referral services to assist those in need of assistance and to direct them to the appropriate services.

The City oppose s efforts that would impede local law enforcement from addressing crime problems and recovering costs resulting from a crime committed by a guilty party.

Page 140 of 229 ends

The City supports efforts that strengthen local law enforcement, including: prevention of driving under the influence of drugs or alcohol; effective abatement of illegal land uses and illegal businesses; the sharing of criminal history information between states; registration of sex offenders; reducing access to firearms by the mentally ill; and providing tools and resources to address community challenges such as domestic violence, gangs, and human trafficking.

The City supports de -certification of officers under specified condi tions, including those officers convicted of any felonies and those with a history of egregious misconduct, contingent that an impartial authority outside of the employing agency is utilized and officers are afforded due process.

The City supports statewide and federal tracking of information related to officers that resign in lieu of discipline or termination, or those with multiple sustained complaints and violations.

The City supports mandated and regular implicit and racial bias training for all law enforcement, and de-escalation training that focuses on alternatives to deadly force.

The City supports efforts that increase county, state and federal funding for local law enforcement, fire suppression, wildfire prevention, hazardous materials mitigati on, and emergency medical services.

The City supports efforts that promote national fire code development using an open, consensus-based process.

The City supports efforts to create a funding mechanism for a regional fire department in San Diego County th at does not diminish the ability of cities to provide essential services and mechanisms that increase reimbursement funding for Medicare and Medi-Cal programs.

The City supports innovative health and safety efforts that improve access to primary and preventive care and decrease use of emergency departments, including expanded mental health services.

Page 9 of 9 ends

Add Section Water Management

City Council Policy #401 – Environmental Guidelines

Page 1 of 1 ends

Listed all the historical amendments to this policy

Page 1 of 1 ends

Listed all the historical amendments to this policy

City Council Policy #402 – Procedures and Requirements for Development Agreements

Page 9 of 9 ends

Listed all the historical amendments to this policy

City Council Policy #603 – Use of Volunteers by the City Council

Page 1 of 3 ends

Add: but is not limited to
Add: documents/materials that

Page 141 of 229 ends

Page 3 of 3 ends

Listed all the historical amendments to this policy

City Council Policy #711 – Requirements for Submittal of Proposals to Qualify for Taxicab or Other Paratransit Vehicle Permits
Eliminate REMOVE – This is managed by another agency.

Page 142 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023

ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings Rules of Procedure and Order for

City Council Meetings

Adopted: December 13, 1983
Last Amended: August 15, 2023

Page 143 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023

ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings I. PURPOSE 1
II. RESPONSIBILITIES 1
A. Responsibilities of Presiding Officer / Mayor 1
B. Responsibilities of Vice-Mayor 1
C. Responsibilities of City Council 2
D. Responsibilities of City Clerk 2
E. Responsibilities of City Manager 3
F. Responsibilities of City Attorney 3
III. MEETINGS 3
A. Regular Meeting 3
B. Adjourned Meeting 3
C. Special Meeting 3
D. Emergency Meeting 3
E. Recessed Meeting 3
F. Closed Session Meeting 4
G. Quorum 4
H. City Council Recess Periods 4
I. Cancellation of Meetings 4
J. Location of Meetings 5
K. Holidays or Elections 5
L. Adjournment 5
M. Taping or Broadcasting 5
N. Teleconferencing 5
O. Agenda Exception 5
P. Comfort Breaks 6
Q. Use of Personal Electronic Devices 6
R. Translation Services 6
S. Compliance with Brown Act 6
IV. REMOTE ACCESS TO MEETINGS 6
A. Internet Broadcast 6
B. E-Notification 6
V. PUBLIC ASSISTANCE & ACCOMMODATIONS 6
VI. PUBLIC MEETING COMMUNICATION 7
A. Communications between City Councilmembers 7
B. Email Communications between Councilmembers 7
C. Communication with Persons Addressing the City Council 7 VII. AGENDA SEQUENCE AND ORDER OF BUSINESS 10
VIII. AGENDA PROCESS 12

Page 144 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023

ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings A. Preparation, Distribution and Posting 12
IX. VOTING 14
A. Obtaining the Floor 14
B. Voting Procedure 14
C. Disqualification for Conflict of Interest 14
D. Failure to Vote 14
E. Tie Vote 14
F. Changing Vote 14
G. Reconsideration 15
H. Point of Order 15
I. Continuance of Discussion or Hearings 15
J. Rosenberg’s Rules of Order 15
K. Disclosure of Ex Parte Contacts 15
X. MOTIONS 15
A. Procedure for Motions 16
B. Amendments to Motions 16
XI. PUBLIC HEARINGS, ORDINANCES & RESOLUTIONS 16
XII. MEETING DECORUM & CONDUCT 18
A. Conduct 18
B. Authorized & Designated Areas 19
C. Signs, Objects or Symbolic Material 19
D. Service Animals 19
E. Photography / Video 19
F. Cellular & Electronic Devices 19
XIII. ENFORCEMENT 20
A. Sergeant-at-Arms 20
B. Violations 20
XIV. PROCEDURAL MATTERS 21
A. City Council Seating Arrangement 21
B. Signing of Meeting Documents 21
C. Copy of Recordings 21
D. Ceremonial Matters 21
E. Proclamations 21
XV. SOCIAL MEDIA 22
IV. POLICY INTERPRETATION & APPLICABILITY 22
DEFINITIONS 24
RELATED POLICY REFERENCES 26

Page 145 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023

ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings I. PURPOSE

The purpose of this Policy is to establish Rules of Procedure and Order for City officials, staff and members of the public at all meetings of the City Council to ensure that the business of the City is attended to in an open and orderly manner and in an environment safe for all persons in attendance. The policy establishes and delineates general meeting rules, roles and responsibilities, to allow for an orderly meeting where all individuals can exercise their Constitutional rights.

All meetings of the City Council will be conducted under Rosenberg's Rules of Order. In addition, such meetings will be governed in accordance with the Ralph M. Brown Act (Gov.

Code§ 54950, hereinafter "the Brown Act") and other applicable State laws. Any question about proper procedure will be immediately referred to the City Clerk as parliamentarian.

This policy applies to all persons attending public meetings in the City Council Chamber or any other location where a meeting subject to this policy takes place. In the event of any inconsistency between this policy and State law or regulation, State law or regulation shall apply.

II. RESPONSIBILITIES

It is important to recognize that the City Council acts as a legislative body. No member has extraordinary powers beyond those of other members. While the Mayor and Vice- Mayor may have additional ceremonial and administrative responsibilities, in the establishment of policies, voting and in other significant areas, all members are equal. Policy is established and direction is given to City staff by a majority vote of the Council.

While individual Councilmembers may disagree with decisions of the majority, a decision of the majority binds the Council to a course of action and provides staff with direction to follow.

In turn, it is staff's responsibility to ensure the policy of the Council is implemented and upheld consistent with the wishes of the majority. Implementation of Council policy by staff does not reflect a bias against Councilmembers who held a minority opinion on an issue.

A. Responsibilities of Presiding Officer/Mayor : The Presiding Officer of the City Council, shall be the Mayor, or in the Mayor's absence the Vice-Mayor, or in both of their absence any other member designated by the City Council. It shall be the duty of the Presiding Officer to ensure that the Rules of Procedure and Order contained herein are observed, The Presiding Officer shall maintain control of communication between Councilmembers and between the Council, staff, and members of the public. The Presiding Officer may make and second motions.

Page 146 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023

ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings B. Responsibilities of Vice-Mayor: In the absence of the Mayor from the City or a Council meeting, the Vice-Mayor shall possess all the powers of the office of the Mayor, and be subject to all prescribed duties for that office.

C. Responsibilities of City Council:

1. Members of the City Council shall review all meeting materials in preparation for City Council meetings and be prepared to discuss the agenda.

2. Members of the City Council shall arrive on time for all City Council meetings, in the City Council Chamber or any other location where a meeting subject to this policy takes place. In the event of any inconsistency between this policy and State law or regulation, State law or regulation shall apply.

3. Members of the City Council shall conduct themselves in an orderly, professional and businesslike manner to ensure that the business of the City shall be attended to efficiently and thoroughly and to ensure that the integrity of the deliberative process of the City Council is maintained at all times.

4. Members of the City Council shall maintain a polite, respectful, and courteous manner when addressing one another, City staff, and members of the public during City Council meetings.

5. As a courtesy, members of the City Council shall report upcoming absences to the City Manager as soon as possible to ensure that any necessary adjustments to the agenda may be made, and to ensure a quorum.

D. Responsibilities of City Clerk:

1. The City Clerk shall serve as the Parliamentarian for the City Council meetings to advise the Presiding Officer. Within the limitations imposed by Rosenberg's Rules of Order, the Presiding Officer has the authority to determine proper parliamentary procedure.

2. The City Clerk shall call and record roll call votes; and shall read ordinance titles and agenda items as requested by the Presiding Officer.

3. The City Clerk shall keep minutes of the open meeting in accordance with City Council Policy No. 106, and permanent retention of video recordings of those proceedings as the archived record . Any written comment received for the meeting will be made available on the City website within 48 hours of the meeting.

Page 147 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023

ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings All retention per the City Records Retention Schedule.

E. Responsibilities of City Manager:

1. The City Manager's duties during City Council meetings include keeping a record of concerns raised by the City Council regarding direction for future staff action and facilitating the orderly presentation of staff reports.

F. Responsibilities of City Attorney:

1. The City Attorney's duties during City Council meetings include consulting with City Council on items of concern on the agenda, to proactively inform and protect Councilmembers from potential violations and conflicts of law, and to report on any final action taken in closed session.

Ill. MEETINGS

A. Regular Meeting: The City Council shall hold regular meetings on the first and third Tuesday of each month. The meetings shall be held in the Council Chamber of City Hall, 1243 National City Boulevard in the City of National City. The regular meeting shall begin at 6:00 p.m., or as otherwise scheduled due to the demand of business or for closed session.

B. Adjourned Meeting: The City Council may adjourn any regular, adjourned regular, special, or adjourned special meeting to a time and place specified in the order of adjournment. If a quorum is not present, less than a quorum may so adjourn.

C. Special Meeting: A special meeting may be called at any time by the Mayor whenever the public business may require it or upon direction by a majority of the City Council.

The call and notice shall be posted at least twenty-four (24) hours prior to the special meeting in a location that is accessible to members of the public.

D. Emergency Meeting: Pursuant to the Government Code, the twenty-four (24) hour notice and posting requirements for a special meeting may be dispensed with under the following emergency conditions: work stoppage, crippling activity, or other activity that severely impairs public health, safety, or both, as determined by a majority of the members of the legislative body, except in the case of a dire emergency.

Page 148 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023

ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings E. Recessed Meeting: Pursuant to the Government Code, a meeting of the City Council may recess to the following regular business day if the action is taken in good faith and not to circumvent the requirements of the Brown Act. The meeting may not be recessed to another day after that unless it is posted in accordance with the Brown Act.

F. Closed Session Meeting: The City Council may hold closed sessions during a regular or special meeting, or at any time otherwise authorized by law, to consider or hear any matter which is authorized to be heard or considered in closed session in accordance with State law. If a closed session is included on the agenda, the description of the item must comply with Government Code Section 54954.5. For each closed session, the City Attorney must orally announce the subject matter of the closed session. If final action is taken in closed session, the City Attorney must report the action at the conclusion of the closed session, unless agendized for that same Closed Session Meeting or list on the agenda for the Regular Meeting immediately following.

No minutes of the proceedings of the City Council during closed session are required.

There shall be no closed session during any special emergency meeting. No person present in a closed session shall disclose, outside of the closed session, any information revealed in such closed session, without the prior authorization of a majority of the City Council. Any violation of this policy may be enforced by one or more of the actions delineated in City Council Policy No. 113.

G. Quorum: A quorum at any meeting of the City Council will be established by the presence of three (3) members of the City Council. The Mayor shall count as a Councilmember for the establishment of a quorum.

H. City Council Recess Periods: The City Council has traditionally observed a recess period during the summer to provide elected officials and staff an opportunity to catch up on work, reenergize after a lengthy budget and strategic planning process, and prepare for the start of a new fiscal year. For purposes of this policy, a recess period is defined as a period of time longer than twenty (20) days without a regular or special meeting of the Council.

During any recess period, the City Manager is authorized to take such ministerial action on matters of operational urgency as would normally be taken by the City Council during the recess except for those duties specifically reserved to the City Council by Government Code, and including such emergency actions as are necessary for the immediate preservation of the public peace, health , or safety. The City Manager shall make a full and complete report to the City Council at its first regularly scheduled meeting following the recess of actions taken by the City Manager

Page 149 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023

ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings pursuant to this section, at which time the City Council may make such findings as may be required and confirm said actions of the City Manager.

I. Cancellation of Meetings: Any meeting of the City Council may be cancelled in advance by a majority vote of the Council. In the event that the Mayor and/or Vice-Mayor are unable to cancel a meeting, in the case of an emergency the City Manager is authorized to cancel such meeting.

J. Location of Meetings: Regular meetings of the City Council shall be held in the Council Chamber unless appropriate notice is given pursuant to , and the location of the meeting is in accordance with, the Brown Act. The City Council may hold a special meeting at another location within the City, or locations outside the jurisdiction of the City, provided appropriate notice is given pursuant to and the location of the meeting is in accordance with the Brown Act.

K. Holidays or Elections: In the event that the a regular meeting of the City Council is scheduled on the same day as a legal holiday, or an election day on which a National City candidate or National City measure appears on the ballot, no meeting will be held that week.. Any regular meeting may be dispensed with by a majority vote of the City Council.

L. Adjournment: It is the policy of the City Council that that all evening meetings of the City Council, including special meetings and workshops, be adjourned no later than 10:30 p.m., which time is referred to as the normal time of adjournment. The meeting shall be extended no more than once and subsequently may be adjourned to a later date. No new item of business shall be taken up by the Council after the normal time unless the Council has determined by a super-majority vote to set aside this policy. In the event the entire agenda cannot be completed by the normal time of adjournment, the Council may take up and act upon the more pressing agenda items. All agenda items not considered at the meeting shall be on the agenda of the next regular, special, or adjourned regular meeting unless the Council directs otherwise.

M. Taping or Broadcasting: Meetings may be broadcast, audio-recorded, video-recorded or live-streamed so long as the activity does not constitute a disruption of the proceeding.

N. Teleconferencing: Teleconferencing shall be allowed as per Government Code section 54953. Teleconference meetings may be held under carefully -defined conditions. The meeting notice must specifically identify all teleconference locations, and each such location must be fully-accessible to members of the public.

I. AB 2449 Attendance by a Member Virtually: Legislation passed in 2023 provided

Page 150 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023

ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings for the City Council and its Boards/Commission/Committee members to attend a meeting virtually under certain conditions stated in the law. A member may participate either for “just cause” or “under” emergency circumstances. For “just cause”, the member must notify the legislative body at the earliest opportunity possible, including at the start of a regular meeting, of their need to participate remotely for “just cause” including a general description of the circumstances relating to their need to appear remotely at the given meeting; For “emergency circumstances,” the member must make a request to participate remotely as soon as possible to allow the City Council to take action on the request. If the request does not allow sufficient time to place the proposed action on the request on the posted agenda for the meeting for which the request is made, the City Council may take action at the beginning of the meeting in accordance with Government Code section 54954.2(b)(4);

Just Cause - is limited to one or more of the following:
a. a child care or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires a member to participate remotely’;
b. a contagious illness that prevents a member from attending in person; c. a need related to a physical or mental disability as defined by law; or d. travel while on official business of the legislative body or another state or local agency;
or

Emergency Circumstances – means a physical or family medical emergency that prevents a member from attending in person.

a. The member requires the legislative body to allow them to participate in the meeting remotely due to the “emergency circumstances” and the legislative body takes action to approve the request.

b. The legislative body requires a general description (generally not exceeding 20 words) of the circumstances relating to the member’s need to appear remotely at the given meeting, this shall not require a member to disclose any medical diagnosis or disability, or any personal medical information that is already exempt under existing law.

Limitations:

May not be used by a member to teleconference for a period of more than three (3) consecutive months or 20% of regular meetings (4 meetings for City Council) within a

Page 151 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023

ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings calendar year, or more than two (2) meetings per calendar year if the board meets less than ten (10) times per calendar year.

Members participating remotely must do so through both audio and visual technology and must publicly disclose whether any individual over the age of 18 is present at the remote location with the member and the general nature of the member’s relationship with the individual.

O. Agenda Exception: Special procedures permit a body to proceed without an agenda in the case of emergency circumstances, or where a need for immediate action came to the attention of the body after posting of the agenda. (Reference Section VIII, A.5 - Non- Agenda Items Requiring Immediate Action)

P. Comfort Breaks: It is the policy of the City Council that the Presiding Officer will call comfort breaks of 5 -10 minutes when a meeting is expected to last more than two hours. While it is not possible to predict the duration of a meeting, scheduled breaks· allow participants to not miss any part of the meeting and help stay alert and maintain a high level of concentration and participation.

Q. Use of Personal Electronic Devices: The use of personal electronic devices on the dais shall be limited to official agenda-related tasks and emergency notifications. If, in the opinion of the Presiding Officer, a Councilme mber's use of an electronic device is disruptive to Council deliberations or disrespectful to the public, the Presiding Officer may request that the Councilmember cease the use of such device.

R. Translation Services: Simultaneous Spanish interpreting services are provided at City Council meetings, through the use of headsets. A Spanish-language interpreter is also available to interpret and translate for speakers who wish to address the City Council.

When the meetings are hosted as a webinar , a Spanish-language interpreter shall provide translation services for a minimum of two (2) hours. If, after providing translation services for two (2) hours, no member of the public is using those services, the translator may be dismissed by the Presiding Officer.

S. Compliance with Brown Act: All regular, special , and adjourned meetings of the City Council shall be called, noticed and conducted in compliance with the Brown Act.

IV. REMOTE ACCESS TO MEETINGS

A. Internet Broadcast: Live-Streaming video of City Council meetings is available at www.nationalcityca.gov. Archived meetings are also available online.

Page 152 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023

ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings B. E-Notification: Individuals may sign up via the City's website to receive email notifications of published City Council and Board, Commission, and Committee meeting agendas, City news, special events, and more.

Page 153 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023

ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings

V. PUBLIC ASSISTANCE & ACCOMMODATIONS

Upon request, the City Council agenda and backup materials will be made available in alternative formats. Any person who requires a disability-related modification or accommodation to participate in the public meeting, including auxiliary aids or services, , may request a modification, accommodation, aid, or service by contacting the City Clerk's Office either in person or by telephone no later than 10:00 a.m. on the day preceding the scheduled meeting.

VI. PUBLIC MEETING COMMUNICATIONS

A. Communications between City Councilmembers:

1. Councilmembers wishing to speak should request the floor by being recognized by the Presiding Officer before speaking. The Presiding Officer must recognize any Councilmember who seeks the floor when appropriately entitled to address the City Council.

2. No Councilmember shall speak again until all Councilmembers have had the opportunity to speak.

3. Councilmembers shall remember that the purpose of the City Council meeting is to conduct the business of the City. Councilmembers shall avoid repetition and shall limit their comments to the subject matter at hand. Councilmembers shall endeavor to express their views without engaging in unnecessarily lengthy debates.

4. When one Councilmember is speaking, other Councilmembers shall not interrupt, disrupt or disturb the speaker. During questions and deliberations, the Presiding Officer may vary the speaking sequence of Councilmembers from item to item.

B. Email Communications between City Councilmembers: Because email communications can ultimately lead to the exchange of information intended to, or which may, create collective concurrence among a quorum of Councilmembers, e-mail communications between Councilmembers relative to Council business should be avoided at all times.

Page 154 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023

ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings C. Communications with Persons Addressing the City Council: Members of the public may address the City Council during the Public Comment period and/or prior to the consideration of any agenda item. Persons shall address the City Council as a whole and shall not engage in a dialogue with individual Councilmembers, staff, or with other members of the audience. Any person wishing to speak, whether during the Public Comment period or on an agenda item, is requested to complete a "Speaker Slip" form and submit the form to the City Clerk prior to the calling to order of the meeting or as soon thereafter as possible. Filling out a speaker slip is not required to participate.

All those addressing the Council shall do so from the podium.

The City Council may not prohibit public criticism of the City in general, City staff, or members of the City Council, its policies, procedures, programs, or services of an agency or its acts or omissions. A speaker may not be stopped from speaking because either the Presiding Officer or Councilmembers disagree with the viewpoint being expressed.

1. Translation Services: Simultaneous Spanish interpreting services are provided at City Council meetings, through the use of headsets. A Spanish- language interpreter is also available to interpret and translate for speakers who wish to address the City Council. When the meetings are hosted as a webinar, a Spanish- language interpreter shall provide translation services for a minimum of two (2) hours. If, after providing translation services for two (2) hours, no member of the public is using those services, the translator may be dismissed by the Presiding Officer.

2. Public Comment (Non-agenda): At all regular City Council meetings, speakers shall have the right to address the City Council on any matter within the elected body's jurisdiction, subject to a three (3) minute time limit or less, depending on the number of speakers. The Council may listen to the speaker's comments, but cannot discuss or take action on communications not on the agenda. Non-agenda Public Comment may be referred to the City Manager for administrative action or placement on a subsequent agenda, with a majority vote of the Council.

a. At each regular Council meeting, up to 30 minutes shall be reserved for Public Comment.

b. The City Clerk will review the Speaker Slips and inform the Presiding Officer of the number of slips. If the number of speakers, at three (3) minutes each, exceeds the 30- minute allotted time for Public Comment, the Presiding Officer may reduce the time allotted to each speaker, extend Public Comment time, or continue remaining speakers to the end of the meeting.

Page 155 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023

ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings

c. Donations of time from one speaker to another are not permitted.

d. The Presiding Officer shall have the authority to reduce equally each speaker's time to accommodate a larger number of speakers.

e. Speaker Slips for Public Comment will be accepted by the City Clerk in the Council Chamber no earlier than 15 minutes before the meeting and up until the Public Comment portion of the agenda is finished.

f. In order to ensure that non- English speakers receive the same opportunity to directly address the City Council, any member of the public who utilizes a translator shall be provided at least twice the allotted time to address the City Council, unless simultaneous translation equipment is used to allow the City Council to hear the translated public testimony simultaneously. (Government Code 54954.3)

g. Remarks shall be addressed to the City Council as a body.

h. If there is a group representing a common position, designation of a spokesperson is encouraged. The Presiding Officer may allot a mixed amount of time for presentations of this nature.

3. Public Comment (Agenda Items): Speakers shall have the right to address the City Council on items which appear on the agenda, subject to the 3-minute time limit.

i. Donations of time from one speaker to another will not be permitted.

j. The Presiding Officer shall have the authority to reduce equally each speaker’s time to accommodate a larger number of speakers, or to limit the total speakers' time on an agenda item.

k. Speaker Slips for agenda items will be accepted by the City Clerk in the Council Chamber no earlier than 15 minutes before the meeting and up until the public testimony on the item is finished. Included on the Speaker Slip shall be the option for individuals who do not wish to speak to register in support of, in opposition to, or neutral on the item. An individual must be present to register a position or opinion. The City Clerk will provide a tally of those who do not wish to speak on an item, but who do provide a position or opinion.

Page 156 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023

ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings l. Remarks shall be addressed to the City Council as a body and not to any member of the City Council, staff or the public. No questions shall be asked of an individual member of the City Council, staff , or the public. The Presiding Officer may limit interaction between Councilmembers and public speakers to questions of clarification.

m. If there is a group representing a common position, designation of a spokesperson is encouraged. The Presiding Officer may allot a mixed amount of time for presentations of this nature.

n. In order to ensure that non-English speakers receive the same opportunity to directly address the City Council, any member of the public who utilizes a translator shall be provided at least twice the allotted time to address the Council, unless simultaneous translation equipment is used to allow the Council to hear the translated public testimony simultaneously. (Government Code Section 54954.3)

4. Written Public Comment and Registration on Zoom to Make Public Comment:

Deadline to receive all written public comment and registration of public comment on Zoom will be Noon on the day of the Public Meeting. This provides staff time for processing prior to the meeting.

4.5. Presentations to City Council: Any information presented to the City Council for its consideration in formats such as PowerPoint, Video, or other audio/visual media must be submitted to the City Clerk's Office no later than the Wednesday immediately prior to the City Council meeting in order to have the presentation facilitated for City Council viewing and broadcast. If presentations are submitted after that deadline, it will not be po ssible for them to be played or displayed during the meeting, although ten (10) hard copies may be submitted to the City Clerk for distribution to the City Council. Documents and presentations displayed during the City Council meeting shall become part of the public record and must be submitted to the City Clerk for retention. The City Clerk’s Office will post any materials received at a City Council Meeting to the City website within 48 hours of the meeting.

VII. AGENDA SEQUENCE AND ORDER OF BUSINESS

Generally, the agenda sequence and order of business of a regularly scheduled City Council meeting shall determined by the City Manager’s.

During the City Council Meeting the Order of Business shall be followed, unless otherwise

Page 157 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023

ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings reordered by the Presiding Officer with the consensus of the City Council during the City Council Meeting.

A. Call to Order: The Presiding Officer officially calls the meeting to order.

B. Roll Call: Before the City Council shall proceed with the business of the Council, the City Clerk shall call the roll of the members and the names of those present shall be entered in the minutes. The later arrival of any absentee shall also be entered in the minutes.

C. Pledge of Allegiance: Each agenda of a regularly scheduled Council meeting shall provide an item for the recital of the "Pledge of Allegiance" to both the United States flag and the California flag.

D. Public Comments: Speakers shall have the right to address the City Council on any matter within the elected body's jurisdiction, subject to a 3-minute time limit or less, depending on the number of speakers. The City Council may listen to the speaker's comments, but cannot discuss or take action on communications not on the agenda.

Non-agenda public comment may be referred to the City Manager for administrative action or placement on a subsequent agenda.

E. Proclamations and Certificates: The agenda shall provide a time when proclamations directing attention to a person, organization or event may be presented.

Proclamations will be issued subject to Section XIV, E - Proclamations.

F. Awards and Recognitions: The agenda shall provide a time when recognitions may be presented.

G. Presentations: The Presentations section of the agenda is for the purpose of allowing a brief (5 to 10 minutes each) opportunity at the beginning of a Council meeting for City Council to receive information from outside agencies or City staff. It is not meant for a topic that would require lengthy deliberation, debate, or action. Items may be placed on the Presentation section of the agenda at the request of the City Council or City staff with the City Manager's concurrence. Approval to place a presentation on the agenda that has been requested by a community member must be obtained through the City Manager's Office.

H. Interviews and Appointments: The agenda shall provide a time for the City Council to interview and/or appoint members of the City Council or the public to City and/or external boards, commissions and committees.

Page 158 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023

ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings I. Regional Boards and Committee Reports: City Councilmembers report on meetings attended on behalf of the City. Councilmembers are limited to five-minutes.

J. Consent Calendar: Items of a routine or generally uncontested nature may be approved by the City Council in a single motion by adoption of the Consent Calendar.

The approval of the Consent Calendar shall signify the approval of each matter or recommendation included therein: Upon request of any Councilmember, staff, or public made through the Presiding Officer, an item may be removed from the Consent Calendar for separate discussion and/or action. Each item proposed for consideration as part of the Consent Calendar shall be described on the agenda posted for the meeting.

K. Public Hearings: Ordinances & Resolutions: This portion of the meeting allows for a noticed public session to receive original evidence or testimony on applications regulated by this title. Scheduled public hearings shall be commenced at 6:00 p.m. or as soon thereafter as possible. (Reference Section XI, Public Hearings)

L. Non-Consent Resolutions: Items generally of a non-routine nature for City Council discussion and/or action.

M. New Business: This portion of the meeting is devoted to discussion or consideration of items of business that have or have not previously been before the City Council.

N. Staff Reports: This portion of the meeting provides the City Manager and staff the opportunity to give general comments, updates, and announcements.

O. Mayor and City Council Reports: This portion of the meeting provides the City Council the opportunity to give general comments, announcements, or informational reports on any item not on the agenda. These matters may not be discussed or deliberated.

P. Closed Session Report: At an Open Session following a Closed Session, the body must report on final action taken in Closed Session under specified circumstances.

Q. Adjournment: It is the policy of the City Council that that all evening meetings of the City Council, including special meetings and workshops, be adjourned no later than 10:30 p.m., which time is referred to as the normal time of adjournment.

VIII. AGENDA PROCESS

Page 159 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023

ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings In order for both the City Council and City staff to be adequately prepared to discuss City business during City Council meetings, items for discussion shall be placed on the agenda in accordance with established City Council agenda deadlines and in compliance with the Brown Act. Generally, items not on the agenda cannot be discussed or considered during a City Council meeting. This section of the policy discusses how to place items onto the agenda, agenda setting, preparation and distribution.

A. Preparation, Distribution and Posting

1. Agenda Items: In conjunction with City staff, the City Manager shall have the primary responsibility for preparing the City Council agenda and placing matters on the agenda in accordance with identified City needs and scheduling.

a. In the event an item is brought to the attention of the City Manager that requires immediate City Council attention a fter the agenda setting meeting and before the agenda is distributed, the City Manager will determine the need for the item to be added to the agenda.

2. Agenda Review Meeting: Prior to release and posting of a final City Council agenda, an agenda review meeting shall be held by the City Manager with the City Attorney and the Mayor, or another member of the City Council designated by the Mayor, to serve in their absence. The proposed agenda shall be reviewed at this meeting.

3. Agenda Preparation: Not later than the Thursday prior to the City Council meeting, the City Manager is responsible for preparing the agenda packet, which shall include the agenda plus all its corresponding duplicated agenda items. No item shall be considered if not included in the packet, except that a correction or supplement to an item already included in the packet may be considered in accordance with the Ralph M. Brown Act.

4. Agenda Distribution and Posting: Not later than the Thursday prior to the City Council meeting, the City Manager is responsible for distributing the agenda packet to each member of the City Council. Staff shall post each agenda at least 72-hours in advance of the meeting and shall post each agenda of a special meeting at least 24- hours in advance of the meeting on the official bulletin boards at City Hall and on the City's website.

5. Non-Agenda Items Requiring Immediate Action: Matters requiring City Council action must be placed onto a Council Agenda in a timely manner in order for Council to consider the matter. In accordance with the Ralph M. Brown Act, off-agenda

Page 160 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023

ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings items requiring City Council approval will not be considered by the City Council except under the following two circumstances:

a. An emergency situation exists, as defined in the Government Code; or,

b. The City Council determines by a two-thirds (2/3) vote, or by a unanimous vote if less than two-thirds of the Council is present, that:

• There is a need for immediate action, and
• The need to take action on the item arose after the posting of the agenda.

If the City Council finds that the need to take action arose subsequent to the agenda posting, pursuant to the criteria above, it shall make those findings by separate motion, including the factual reasons supporting the findings.

The findings shall be reflected in the City Council minutes.

IX. VOTING

A. Obtaining the Floor: Any Councilmember wishing to speak must first obtain the floor by being recognized by the Presiding Officer. The Presiding Officer must recognize any Councilmember who seeks the floor when appropriately entitled to do so.

B. Voting Procedure: Any vote of the City Council, including a roll call vote, may be registered by the members by answering "Yes" or “Aye” for an affirmative vote, "Abstain" for an abstention, or "No" or “Nay” for a negative vote upon the member's name being called by the City Clerk; or an electronic vote may be registered by pressing the Councilmember button for an affirmative vote, an abstention, or a negative vote, upon a vote being called for by the Presiding Officer.

Following the vote, the City Clerk shall audibly announce the results of the vote by name indicating whether the item carried or was defeated. The same shall be recorded in the minutes as the vote. The Presiding Officer in his or her discretion may publicly explain the effect of a vote for the audience, or may direct a member of the staff to do so before proceeding to the next item of business.

C. Disqualification for Conflict of Interest: Any Councilmember who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Presiding Officer state, the nature of such disqualification in open meeting.

Where no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the Councilmember affected, be decided by

Page 161 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023

ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings the other Councilmembers. A Councilmember who is disqualified by reason of a conflict of interest in any matter shall not remain in his or her seat during the debate and vote on such matter, but shall request and be given the permission by the Presiding Officer to step down from the Council dais. A Councilmember stating such disqualification shall not be counted as a part of a quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter.

D. Failure to Vote: Every Councilmember should vote unless disqualified by reason of a conflict. The vote of a Councilmember who abstains absent a disqualifying conflict of interest shall be counted with the majority vote of the quorum on the question voted upon.

E. Tie Vote: Any proposed measure that receives a tie vote from the members of the City Council shall be considered lost and may be reconsidered.

F. Changing Vote: A Councilmember may change his or her vote only if the Councilmember makes a timely request to do so immediately following the announcement of the vote by the City Clerk and prior to the time that the next item in the order of business is taken up.

G. Reconsideration: A motion to reconsider the vote on any action taken by the City Council at either this meeting or a previous meeting may be made only by one of the Councilmembers who voted with the prevailing side.

H. Point of Order: An interruption of a meeting to question whether rules or bylaws are being broken, such as the speaker has strayed from the motion currently under consideration.

I. Continuance of Discussion or Hearings: Any item being discussed or any public hearing at a City Council meeting may, by order, notice, or motion, be continued or tabled to any subsequent meeting.

J. Rosenberg's Rules of Order: Rosenberg's Rules of Order have been adopted by the City Council and shall apply in all cases.

K. Disclosure of Ex Parte Contacts: An "ex parte" contact or communication occurs when, prior to considering a matter on a public meeting agenda, a member or members of the City Council receives information, oral, written, or otherwise, pertaining to that matter outside the public meeting. (Reference City Council Policy No. 116 - Procedure for Disclosure of Ex Parte Contacts)

Page 162 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023

ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings X. MOTIONS

Motions are the vehicles for decision making by a body. It is normally best to have a motion before the body prior to commencing discussion of an agenda item. There are three motions that are the most common and recur often at meetings:

1. The basic motion. The basic motion is the one that puts forward a decision for the body's consideration.

2. The motion to amend. If a Councilmember wants to change a basic motion that is before the body, they would move to amend it.

3. The substitute motion. If a Councilmember wants to completely do away with the basic motion that is before the body, and put a new motion before the body, they would move a substitute motion.

Motions may be made by any member of the City Council, including the Chair. Any member of the City Council may second a motion. (Reference Rosenberg's Rules of Order for a more detailed discussion on motions in general and sample motions.)

A. Procedure for Motions: The following is the general procedure for making motions:

1. The item is presented by staff or others followed by questions and discussion by Councilmembers.

2. A Councilmember who wishes to make a motion shall first obtain the floor.

3. A Councilmember who wishes to second a motion shall do so through a request to the Chair.

4. Before a motion can be discussed, it shall be seconded.

5. Once a motion has been properly made and seconded, the Chair shall open the matter for further discussion offering the first opportunity to the moving party and, thereafter, to any Councilmember properly recognized by the Presiding Officer.

6. Once the matter has been fully debated and the Presiding Officer calls for a vote, no further debate will be allowed, provided, however, any Councilmember may be allowed to explain his or her vote prior to the vote being cast.

Page 163 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023

ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings B. Amendments to Motions: As previously discussed, when a motion is on the floor and an amendment is offered, the amendment shall be acted upon prior to acting on the main motion. No motion of a subject other than the agenda item under consideration shall be admitted as an amendment. A motion to amend an amendment shall be in order, but one to amend an amendment to an amendment shall not be in order. Action shall be taken on the amended amendment prior to any other action to further amend the original motion.

XI. PUBLIC HEARINGS/ORDINANCES & RESOLUTIONS

A. Except as provided otherwise by law, public hearings shall generally be conducted as follows:

1. Scheduled public hearings shall commence at 6:00 p.m. or as soon thereafter as possible.

2. Speakers are encouraged to complete a Speaker Request Slip; however, a Speaker Slip is not required in order to speak.

3. At the beginning of each public hearing item, the Presiding Officer shall announce the item for the public hearing, request that staff present the staff report and any other relevant evidence, and open the public hearing. The presentation of the staff report prior to the formal opening of the public hearing shall not prevent its consideration as evidence. Any such evidence shall be made a part of the record of the public hearing.

4. Following the staff report and opening of the public hearing, the Presiding Officer shall thereupon call upon the proponent (if other than staff) to present his or her presentation. Thereafter, the Presiding Officer shall inquire as to whether there are any persons present who desire to address the City Council on the matter. Any person desiring to speak or present evidence shall then make their presence known to the Presiding Officer and, upon being recognized by the Presiding Officer, may speak or present evidence relevant to the subject matter being heard.

5. The applicant/appellant, and/or their representative shall speak first and shall have a sufficient amount of time to do so, any portion of which may be reserved and used for rebuttal.

6. Each member of the public wishing to address the City Council, other than the applicant/appellant, shall then be allowed to address the City Council and shall have three (3) minutes to speak. Prior to declaring the public hearing open, however,

Page 164 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023

ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings when necessary because of the number of possible speakers, the Presiding Officer may establish a time limit for the entire public hearing, or establish time limits for the presentation of each individual speaker. All persons interested in the matter being heard by the City Council shall be entitled to submit written evidence or remarks, as well as other graphic evidence. All such evidence presented shall be retained by the City Clerk as part of the record.

7. Councilmembers who wish to ask questions of the speakers, staff or each other, during the public hearing portion, may do so only after being recognized by the Presiding Officer in the manner set out in this policy.

8. Councilmembers should be mindful that the purpose of the public hearing is to obtain testimony, and not to debate the merits of the item under consideration.

Councilmembers should avoid debate and expressions of personal opinion until after the close of the public hearing.

9. Following the conclusion of such questions, the Presiding Officer shall allow the applicant/appellant the opportunity for rebuttal.

10. Following the rebuttal, the Presiding Officer shall close the public hearing and then allow each Councilmember to state his or her opinion on the item before asking for a motion to decide the matter.

11. Upon closing the public hearing by the Presi ding Officer, no additional public testimony shall be solicited or received by the City Council without reopening the public hearing through the Presiding Officer with consensus of the City Council.

12. The Presiding Officer at all times shall conduct the public hearing in such a manner as to afford due process to all affected persons.

XII. MEETING DECORUM & CONDUCT

Meetings of the City Council shall be conducted in an open and orderly manner and in an environment safe for all persons in attendance to ensure that the public has a full opportunity to be heard and that the deliberative process of the Council is retained at all times. The Presiding Officer shall be responsible for maintaining the order and decorum of meetings.

This policy is not intended to deprive any person of his or her right to freedom of expression, but only to maintain, to the extent possible and reasonable, a safe and conducive place to conduct public business.

Page 165 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023

ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings A. Conduct:

1. Members of the audience shall not engage in disorderly or boisterous conduct, including the utterance of obscene, lewd, loud, threatening, repeatedly irrelevant or repetitious, or abusive language, including clapping, whistling, yelling, stamping of the feet, or other acts which disturb, disrupt, impede, or otherwise render the orderly conduct of the City Council meeting infeasible. A member of the audience engaging in any such conduct may, after warning by the Presiding Officer, at the discretion of the Presiding Officer or a majority of the City Council, be subject to removal from the meeting.

2. Persons in the audience will refrain from creating, provoking, or participating in any type of disturbance involving unwelcome physical contact.

3. Noise emanating from the lobby outside the Council Chambers which is audible within the Chambers shall not be permitted. The Sergeant-at-Arms is authorized to enforce this rule by requesting those in the lobby to remain silent or to leave the area.

B. Authorized & Designated Areas:

1. No person shall stand or sit in the aisles. No person shall block any doorways or exits.

2. No person except City officials shall be permitted within the platform area in front of the City Council dais without the prior consent of the Presiding Officer or City Manager.

C. Signs, Objects, or Symbolic Material:

1. Placards, signs, and posters may be brought into the Council Chambers unless such objects disturb, disrupt, impede or otherwise render the orderly conduct of the Council meeting infeasible, or block the view of any other person in attendance, in which case such placard, sign, or poster shall, at the discretion of the Presiding Officer or a majority of the Council, be moved to a different location or removed from the Chamber.

2. Packages, bundles, suitcases, or other large or potentially dangerous objects shall not, without the prior authorization of the Presiding Officer or City Manager, be brought into the City Council Chamber and are subject to search to determine that they do not pose a threat or as otherwise requested by the Sergeant-at-

Page 166 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023

ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings Arms.

D. Service Animals: Except as otherwise allowed by the City Council, no animals except for service animals shall be brought into the Council Chambers.

E. Photography/Videography: Photographs, audiotapes, and videotapes may be taken from the rear of the Council Chambers or from any seat within the Chambers, as long as such activity does not disrupt or disturb the audience, public speakers, Councilmembers or others on the dais, and interfere with the orderly conduct of the meeting. When a filming area has been designated by the Fire Marshal or Sergeant- at-Arms, filming shall occur in that area only. The Fire Marshal or Sergeant-at-Arms may designate an area for credentialed media only.

F. Cellular & Electronic Devices: Persons in the audience will refrain from using cellular phones and/or pagers while the City Council meeting is in session.

XIII. ENFORCEMENT

A. Sergeant-at-Arms: The Chief of Police or designee shall be the ex-officio Sergeant-at- Arms of the City Council. The Sergeant-of-Arms shall carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum in the Council Chambers. Any Councilmember may move to require the Presiding Officer to enforce the rules upon affirmative vote of a majority of the Council.

B. Violations: Upon a violation of the Rules of Procedure and Order established herein, the procedure to enforce the rules are as follows:

1. Warning: The Presiding Officer shall first request that a person who is violating the rules cease such conduct. If, after receiving a request from the Presiding Officer, the person persists in violating the rules, the Presiding Officer shall order a recess.

The Sergeant-at-Arms is authorized to warn the person that their conduct is violating the rules and that they are requested to cease such conduct. If upon resumption of the meeting the violation persists, the Presiding Officer may order another recess whereupon the Sergeant-at-Arms shall have the authority to order the person removed from the meeting and/or citied in violation of Penal Code Section 403.

2. Motion to Enforce: Any Councilmember may call a Point of Order should the City

Page 167 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023

ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings Council fail to abide by the provisions of this policy, whereupon the City Council shall immediately act upon the Point of Order by roll call vote. If the Presiding Officer fails to enforce the Rules of Procedure and Order set forth herein, any member of the City Council may move to require the Presiding Officer to do so, and an affirmative vote of a majority of the City Council shall require the Presiding Officer to do so. If the Presiding Officer fails to carry out the will of the majority of the City Council, the majority may designate another member of the City Council to act as Presiding Officer for the remainder of the meeting, for the limited purpose of enforcing the rules established herein.

3. Clearing the Room: Pursuant to Government Code section 54957.9, in the event that any meeting is willfully interrupted by a group of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of the individuals who are willfully interrupting the meeting, the Presiding Officer may order the room cleared and the meeting shall continue in session.

Only matters appearing on the agenda may be considered in such a session.

Credentialed representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to Section 54957.9.

4. Violation of California State Law: A person or persons who willfully and intentionally impair or impede the conduct of a City Council meeting by violating these Rules of Procedure and Order may be prosecuted under California Penal Code section 403, California Elections Code section 18340, or any other applicable State law for disturbing a public meeting.

XIV. PROCEDURAL MATTERS

A. City Council Seating Arrangement: The seating arrangement of Councilmembers on the dais is at the prerogative of the Mayor. ·

B. Signing of Meeting Documents: The Presiding Officer shall sign all ordinances, resolutions, contracts, and other documents necessitating official signature which were adopted in their presence, unless unavailable, in which case the signature of the Vice-Mayor may be used.

C. Copy of Recordings: The public may obtain from the City Clerk a copy, at cost, of an existing recording made by the legislative body of its public sessions.

D. Ceremonial Matters: There are several different types of action the City Council may take to provide recognition or express appreciation:

Page 168 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023

ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings

1. Certifications of Appreciation or Recognition: Commendations are typically issued to acknowledge the activities of a person or organization.

2. Proclamations: Public announcements directing attention to a person, organization, event, or cause. Proclamations will be issued subject to the policy described below.

E. Proclamations: It is the policy of the City Council to issue proclamations for certain individuals, organizations, events , or causes, when such a proclamation positively impacts the community and conveys an affirmative message to residents.

1. Discretion should be used in determining whether or not to issue a proclamation.

Proclamations that are political in nature, are controversial, or that likely would not enjoy a high level of community interest and support, are discouraged.

2. It is the policy of the City Council to process requests for proclamations in the following manner:

a. Requests for proclamations will be made through the Mayor's Office;

b. If the Mayor determines that the proclamation request is consistent with the policy stated above, the Mayor will direct his or her staff member to prepare the proclamation and the proclamation will be issued.

c. Upon receipt of the draft proclamation language, the Mayor will direct the City Manager to place the item on a meeting agenda depending on the nature and time-sensitive nature of the request.

d. Mayor and City Councilmembers will sign all Proclamations that go before the City Council. The Mayor’s Office will have an electronic file of each Councilmember on record to be used in the event that a City Councilmember is unable or unavailable to sign the Proclamation,

XV. SOCIAL MEDIA

With the ever-growing use of social media, the City Council and City staff should be aware that comments, statements, opinions, etc. are still subject to the same restrictions identified in the California Government Code, including but not limited to (the Brown Act and the Public Records Act). While the City of National City strives to maintain community involvement and transparency in its government functions, certain State and local laws must be considered and

Page 169 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023

ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings kept in mind while using social media platforms. Social media platforms such as Facebook, Twitter, and· others can be viewed by other people including other Councilmembers.

Councilmembers are encouraged to check the information they provide for accuracy.

Multiple Councilmembers cannot comment on the same conversation, as that can create a "serial meeting" of the City Council and is a direct violation of the Brown Act. If Councilmembers communicate on social media about "City business", as defined in City Administrative Policy No. 02.06, any such communication may be released to the public upon request.

Councilmembers should refrain from stating personal opinions on matters being brought before the City Council including, but not limited to: personal opinions on topics, declarations on how an official intends to vote for an item, debating with citizens on items, or presentation of the Councilmember's argument in support or opposition of an item , as those could be considered violations of the Brown Act, which can result in criminal and civil liabilities for the official.

Councilmembers should always maintain professionalism and common courtesy in posts and comments when commenting in their official capacity and should remain neutral in postings to prevent the interpretation that a decision has already been made outside of an open meeting, in violation of the Brown Act. Councilmembers should also be aware that there is inherent personal civil liability risk on all comments they make outside of official meetings.

For example, if a Councilmember "blocks" a social media user, or deletes a comment from a social media user, the Councilmember risks violating the social media user's First Amendment rights.

Councilmembers should not use their official positions to make negative posts, voice personal opinions, etc. against any individual, business, entity, etc., as that could create negative feedback for the official and City and could potentially subject the official to personal civil liability for slander, defamation of character, or other civil remedies that could be determined by a court. Councilmembers should also refrain from using aliases or having fake profiles on social networking sites.

City Councilmembers and staff shall not use any official City media site, including but not limited to the City's Facebook page, the City's Twitter accounts, or to any other City media outlet for personal reasons or personal gain.

IV. POLICY INTERPRETATION & APPLICABILITY

The Policy and Rules of Procedure and Order set forth herein shall be liberally construed to effectuate their purpose and no ordinance, resolution, proceeding or other action of the City

Page 170 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023

ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings Council shall be invalidated, nor the legality thereof otherwise affected, by the failure or omission of the City Council to technically comply with, observe, or otherwise follow such rules. Any provision of these rules not already governed by City ordinance or State law may be suspended by a majority vote of the City Council.

The rules set forth herein shall apply to all meetings of the City Council subject to the Brown Act and shall apply to the Council Chamber or any other location where a meeting subject to these rules takes place. In the event of any inconsistency between these rules and State law or regulation, State law or regulation shall apply.

IV. DEFINITIONS

Abstain To publicly refrain from voting usually because of a conflict interest.

Adjourn A privileged motion to officially close a meeting. A second is required and a majority vote is required to adopt it.

Call to Order An announcement by the Presiding Officer to convene a meeting.

Consent Calendar The routine parts of the agenda which are approved without discussion or dissent.

Decorum To conduct oneself in a proper manner.

Dire Emergency When a majority of the legislative body determines that a dire emergency exists, it may call an emergency meeting (Government Code Section 54956.5 (a)(2)). A dire emergency, is defined as a crippling disaster, mass destruction, terrorist act, or threatened terrorist activity that poses peril so immediate and significant that requiring a legislative body to provide one- hour notice before holding an emergency meeting may endanger the public health, safety, or both, as determined by a majority of the members of the legislative body.

Emergency Meeting When a majority of the legislative body determines that an emergency situation exists, it may call an emergency meeting (Government Code Section 54956.5). An emergency is defined as work stoppage, crippling activity, or other activity that severely impairs public health, safety, or both, as determined by a majority of the members of the legislative body.

Page 171 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023

ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings

Legislative Body City Councilmembers are legislators. Together, the members of the City Council constitute a legislative body that is given authority by the State constitution and State law to make local law.

Meeting Includes any congregation of a majority of the members of a legislative body at the same time and location, including teleconference location as permitted by Section 54953, to hear, discuss, r deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body. (Government Code § 54952.2(a).)

Minutes The official record of what is done at a meeting.

Motion The vehicles for decision-making by a body used with a vote to indicate approval, denial, adoption, or direction.

Ordinance A City law that generally requires two separate meetings and typically becomes effective thirty days after adoption.

Parliamentarian One who advises the Officers, Committees, and Council Members on matters regarding parliamentary procedure.

Policy The opinions, philosophy, or practices that are adopted by an organization.

Public Hearing Items that are publicly noticed for a specific City Council meeting date, as generally required by law, and are designed to receive separate public input on a specific matter.

Point of Order An interruption of a meeting to question whether rules or bylaws are being broken.

Presiding Officer The officer conducting the meeting; Chair or Chairman.

Public Hearing A noticed public session to receive original evidence or testimony on applications regulated by this title. Scheduled public hearings shall be commenced at 6:00 p.m. or as soon thereafter as possible.

Page 172 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023

ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings Quorum The minimum number of members who must be present at a meeting to transact business legally.

Ralph M. Brown Act The Ralph M. Brown Act, commonly known as the "Brown Act," governs meetings conducted by local legislative bodies, such as Boards of Supervisors, City Councils and School Boards. The Act represents the Legislature's determination of how the balance should be struck between public access to meetings of
multi-member public bodies on the one hand and the need for confidential candor, debate, and information-gathering on the other. The purpose of the Brown A ct is to facilitate public participation in local government decisions and to curb misuse of the democratic process by secret legislation by public bodies.

Recess A period of time longer than twenty (20) days without a regular or special meeting of the Council.

Resolution A legislative or other type of action providing for the disposition of a particular item of business. Resolutions take effect upon passage by a majority vote of the City Council unless other law imposes a later effective date.

Rosenberg's Rules of Order Written rules of parliamentary procedure which govern a meeting.

Sergeant-at-Arms The Chief of Police or his or her designee shall be the ex-officio Sergeant-at-Arms of the City Council.

Special Meeting In contrast with a regular meeting, a meeting called for a particular purpose that is stated when the meeting is called.

SECTION XVIII. RELATED POLICY REFERENCES

Related Policy References
• National City Municipal Code, Chapter 2.04
• National City Municipal Code, Title 16
• Ralph M. Brown Act
• Rosenberg's Rules of Order
• City Council Policy No. 102 - City Council Meeting Times • City Council Policy No. 103 - Special Council Meetings • City Council Policy No. 105 - Off Agenda Items and Placing Non-Agenda Items on the Agenda

Page 173 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023

ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings • City Council Policy No. 106 - Preparation of City Council Meeting Minutes • City Council Policy No. 113 - Unauthorized Disclosure of Information Revealed in Closed Sessions
• City Council Policy No. 116 - Procedure for Disclosure of Ex Parte Contacts • Administrative Policy No. 02.06- Public Records Act Affecting Personal Electronic Devices & Accounts of City Users

Prior Policy Amendments

June 11, 2013 (Revised – removed Robert’s Rules of Order and replaced with Rosenberg’s Rules of Order) Per meeting minutes
October 8, 2013 (Resolution No. 2013-147)
April 2, 2019 (Resolution No. 2019- 37)
August 18, 2020 (Resolution No. 2020- 152)
October 5, 2021 (Resolution No. 2021- 148)
August 15, 2023 (R esolution No. 2023- 119

Page 174 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 8, 2013
October 17, 2023
ADOPTED: November 22, 1982
POLICY # 108
TITLE: City Manager as Chief Administrative Officer
Background
The City of National City operates under the Council/Manager form of government, a system that combines the policy leadership of elected officials in the form of a City Council, with the managerial expertise of an appointed City Manager.

The Council is the legislative body that represents the community and is empowered to formulate citywide policy. The City Council is comprised of the Mayor and four councilmembers who are elected by their districts. community at- large
The City Manager is appointed by the City Council and serves as the chief administrative officer of the organization. The City Manager is responsible for administration of City affairs, day-to-day operations, implementation of City Council policies, and is the liaison between the City Council and the City staff.

Purpose

The purpose of this policy is to clarify the City Manager’s responsibilities and to establish guidelines under which in the City Council issuesing directives to City staff members.

Policy
In accordance with the National City Municipal Code, Section 2.01.030, except for the purpose of inquiry, the City Council shall deal with the administrative departments solely through the City Manager., and nNeither the City Council nor any member thereof shall give orders to any of employee of the City Manager. This policy is based on the principle that departments carry on their approved activities and do not alter approved priorities or policies on the basis of a request that has not been approved by the City Council as a body.

The City Manager shall act as chief administrative officer for the various appointed department directors . as well as the City Clerk's office. The City Manager ’s duties and responsibilities are codified in National City Municipal Code Chapter 2.01.

Appointing Authority
National City Municipal Code, Chapter 2.01
Government Code section 34851, et seq.

Prior Policy Amendments:

June 11, 2013 (Revised – No Resolution – Refer to Meeting Minutes) NoneOctober 8, 2013 (Resolution No. 2013-147)

Page 175 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 8, 2013
October 17, 2023
ADOPTED: February 9, 1988
POLICY # 111
TITLE: Utilization of City Vehicles in Non-Safety Related Capacities Purpose
To establish guidelines for the utilization of city vehicles, whether static or in motion, in non- safety related capacities including parades, funerals, and other events.

Policy
City vehicles may be made available for parades, funerals , and other special events which promote the City of National City or honor its employees or residents. Requests for such use must be approved by the City Manager with the exception of those activities directly related to department operations, routine maintenance, or road testing. The City Manager shall notify the City Council when requests are approved.

Appointing Authority
New Administrative Policy #_____#800.03____

Prior Policy Amendments:

January 7, 1992 (Resolution 92-1)
June 11, 2013 (Revised – No Resolution – Refer to Meeting Minutes) October 8, 2013 (Resolution No. 2013-147)

Page 176 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023

ADOPTED: October 17, 1989
POLICY # 112
TITLE: Document Reproduction
Purpose
To insure ensure that the reproduction of public records is carried out in a uniform manner throughout all City Departments.

Policy
The City Manager shall establish an administrative procedure to insure ensure that appropriate public documents are available to the public. The City Manager shall also establish a uniform fee schedule, which from time to time is shall be adjusted for inflation and other impacting factors at the discretion of the City Manager.

Appointing Authority
None.

Related Policy References:

Prior Policy Amendments:

October 17, 1989 Established with Final Budget FY 1989-1990 (Resolution No. 16,098) June 11, 2013 (Revised – No Resolution – Refer to Meeting Minutes) City Administrative Policy
Finance 301 ‘DOCUMENT REPRODUCTION PROCEDURES AND FEE SCHEDULE.”

June 11, 2013 this policy was to be deleted and replaced with a new policy regarding “Public Records Act/Protocol.”

RECOMMENDATION TO ELIMINATE THIS POLICY

Page 177 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 8, 2013
October 17, 2023
ADOPTED: June 17, 2003
POLICY # 115
TITLE: Donation of Surplus City Property and Police Department Unclaimed Personal Property
Purpose
To establish a policy for donating surplus City property, and Police Department unclaimed personal property to local, non -profit 501(c)(3) organizations, and/or other municipal agencies.

Definitions

• Municipal Agencies: public/government agencies, and Sister Cities.

• Local Non-Profit 501(c)(3) Organizations: As defined by the IRS: non-profit 501(c)(3) organizations "must be organized and operated exclusively for exempt purposes set forth in section 501(c)(3), and none of its earnings may inure to any private shareholder or individual. In addition, it may not be an action organization, i.e., it may not attempt to influence legislation as a substantial part of its activities and it may not participate in any campaign activity for or against political candidates. "Such Organizations organizations are " commonly referred to as charitable organizations". In order to be considered "local'', the organization must have a physical address within the City limits, and a valid National City Business License. The organization must be able to show proof of 'local' and 'non-profit' 501(c)(3) status.

• Surplus City Property: is defined by Municipal Code Chapter 2.42 as "supplies or equipment belonging to the City which are no longer used or which have become obsolete or worn out or which are otherwise of no further use."

• Police Department Unclaimed Personal Property : is defined in Municipal Code Chapter 2.44 as "goods or chattels which are no longer possessed by their lawful owner and for which demand by right has not been asserted by such lawful owner." After a specified retention period, the Police Department may release items for distribution or disposal in accordance with the Code.

• "Request for Donation" form: available from the City's Intranet or the Finance Department/Purchasing Division. This form provides documentation of the agency and donation, and includes a Release of Liability.

Policy
The City Council may authorize the donation of surplus City property, or Police Department unclaimed personal property, to municipal agencies or local, non-profit 501(c)(3) organizations as defined above, consistent with Municipal Code section 2.42.040 (B)(4). The City Council may also direct the City Manager to conduct a "donation event" (see below) in the event that multiple agencies are requesting the same items.

Page 178 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 8, 2013
October 17, 2023
ADOPTED: June 17, 2003
POLICY # 115
TITLE: Donation of Surplus City Property and Police Department Unclaimed Personal Property

Surplus City Property: Per Municipal Code Chapter 2.42, surplus City property must first be offered to all City Departments, before it can be disposed of in any way. Only items with a value of under $1,000 may be donated.

Police Department Unclaimed Personal Property: Per Municipal Code Chapter 2.44.060: '' If after the expiration of the applicable retention period, the city manager or his/her authorized designee determines any unclaimed property in the possession of the police department is needed for public use, such property shall be retained by the city." Once it becomes City property, the City may dispose of it in accordance to with the Municipal Code.

Liability Issues: To reduce liability, City forces will not be involved in the loading, distribution or delivery of donated items. The recipient must provide their own labor force, loading equipment and vehicles, and they must pick the item(s) up from wherever it is being stored. The recipient must submit a signed "Donation Request" Form which includes a Release of Liability.

Gift of Public Funds: if the non-profit 501(c)(3) is a local organization, then assisting them will also assist the National City residents they serve, and the donation will benefit the community.

Procedures
Municipal agencies and local, non -profit 501(c)(3) organizations may request donations by submitting the "Request for Donation" form to the Finance Department/Purchasing Division.

The Purchasing Division will obtain City Council approval.

The Finance Department/Purchasing Division will:
• notify the City Council prior to sending anything to auction, to allow them the opportunity to consider donation instead
• seek Council approval for all donation requests
• develop a lottery system in the event that multiple agencies request the same item • coordinate the donation process and paperwork
• provide details regarding the type of property that is available, upon request • upon approval by the City Council, make the property available to the requesting agency
• verify local, non-profit 501(c)(3) status via physical proof, and website registries such as: www.guidestar.com
• confirm valid business license for local non-profit 501(c)(3) agencies • ensure completion of a "Request for Donation" form and signatures • document the donation
• ensure that City property tags, and other sensitive City information (hard drives, etc) have been removed from the property

Page 179 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 8, 2013
October 17, 2023
ADOPTED: June 17, 2003
POLICY # 115
TITLE: Donation of Surplus City Property and Police Department Unclaimed Personal Property
• notify the Finance Department to remove applicable items from the City's Fixed Asset Inventory.

Related Policy References
Municipal Code Chapter 2.42
Municipal Code Chapter 2.44
IRS Code 50l(c)(3)
Donation Request Forms are available from the Purchasing Division of the Finance Department

Prior Policy Amendments:

June 17, 2003 (Resolution No. 2003- 76)
April 20, 2004 (Resolution No. 2004- 58)
June 11, 2013 (Revised – No Resolution – Refer to Meeting Minutes) October 8, 2013 (Resolution No. 2013-147)

Page 180 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 8, 2013
August 15, 2023
ADOPTED: April 19, 2011
POLICY # 117
TITLE: Distribution and Reporting of Tickets and Passes Distributed to, or at the behest of, a City Official.

Background
The City strives to provide impartial and high quality services to its residents, businesses and visitors. The receipt by City officials of gifts or other items of value can be perceived as attempts to influence City operations and the City wishes to avoid any appearance of impropriety or favoritism. Additionally, however, City official attendance at public events is necessary to achieve the goals of governance, both to promote the policies of the City and to maintain close contact with the residents and interests groups within the City.

Purpose
The purpose of this Policy is to ensure that tickets and passes provided to and distributed by the City to, or at the behest of, a City official are in furtherance of a governmental and/or public purpose as required under Section 18944.1 of Title 2 , Division 6 of the California Code of Regulations.

This policy is subject to all applicable California Fair Political Practices Commission (FPPC) regulations, as well as the Political Reform Act. Nothing in this Policy is intended to alter, amend, or otherwise affect the obligations of City officials under the Political Reform Act and its implementing regulations or the City of National City's Conflict of Interest Code.

Organizations Affected
The City of National Cityy, the Community Development Commission of the City of National City (CDC), and the Successor Agency to the Community Development Commission as the National City Redevelopment Agency (SA). All references within this Policy to "City" shall also apply to the CDC and the SA. Also affected are any other affiliated agency created or activated by the National City City Council, and any commission, committee, board or department thereof.

1.0 References
a. Title 2, Division 6 of the California Code of Regulations, Sections 181000, et seq.

b. California Political Reform Act (Government Code Sections 81000, et seq.) and implementing regulations. (Title 2, Division 6 of the California Code of Regulations).

c. National City Conflict of Interest Code. (Biennial Updates in even years)

d. Government Code Section 82048

e. California Code of Regulations Sections 18944.1 and 18701.

2.0 Policy

Page 181 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 8, 2013
August 15, 2023
ADOPTED: April 19, 2011
POLICY # 117
TITLE: Distribution and Reporting of Tickets and Passes Distributed to, or at the behest of, a City Official.

2.1 This Policy applies to tickets and passes that provide admission to a facility, event, show, or performance for an entertainment, amusement, recreational, or similar purpose, and are:

a. gratuitously provided to the City by an outside source; or

b. acquired by the City by purchase; or

c. acquired by the City pursuant to the terms of a contract for use of public property; or acquired by City because the City controls the event.

2.2 This Policy shall only apply to the City's distribution of tickets/passes to, or at the behest of, a City official. This Policy does not apply to any other item of value provided to the City or any City official, regardless of whether received gratuitously or for which consideration is provided. This includes food, beverages or gifts provided to a City official at an event that is not included in the fair market value of the ticket.

3.0 Definitions

Unless otherwise expressly provided herein, words and terms used in the Policy shall have the same meaning as in the California Political Reform Act of 1974 (Government Code Sections 81000 et seq., as amended from time to time) and the related FPPC Regulations (Title 2, Division 6 of the California Code of Regulations, Sections 18100 et seq., as amended from time to time).

3.1 "City" or "City of National City" means and includes the City of National City, the Community Development Commission of the City of National City , the Successor Agency to the Community

Development Commission as the National City Redevelopment Agency (SA) and any other affiliated agency created or activated by the National City City Council, and any commission, committee, board or department thereof.

3.2 "City official" means every member, officer, employee, or consultant of the City of National City, as defined in Government Code 82048 and FPPC Regulation 18701, who must file a Statement of Economic Interests.

3.3 "FPPC" means the California Fair Political Practices Commission.

3.4 "Immediate Family" means an individual's spouse and dependent children.

Page 182 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 8, 2013
August 15, 2023
ADOPTED: April 19, 2011
POLICY # 117
TITLE: Distribution and Reporting of Tickets and Passes Distributed to, or at the behest of, a City Official.

3.5 "Policy" means City Policy which governs the distribution, use and reporting of tickets and passes controlled by the City.

3.6 "Ticket" means any ticket or pass that grants admission privileges s to to a fa facility, event, show, or performance for an entertainment, amusement, recreational, or similar purpose.

4.0 General Provisions

4.1 No Right to Tickets: The distribution of Tickets pursuant to this Policy is a privilege extended by the City and not the right of any person to whom the privilege may from time to time be extended.

4.2 Limitation on Transfer of Tickets: Tickets distributed to a City official pursuant to this Policy shall not be transferred to any other person, except to members of the City official's immediate family solely for their personal use.

4.3 Prohibition Against Sale of or Receiving Reimbursement for Tickets: No person who receives a Ticket pursuant to this Policy shall sell, receive reimbursement for, or receive any other consideration in exchange for the Ticket.

4.4 Implementation of Policy: The City Manager’s in his/her sole discretion shall have the sole discretion and authority to determine whether the City should accept or decline Tickets offered to the City and to distribute Tickets as he/she deems deemed appropriate, provided such action conforms with this Policy.

4.5 Designation of Agency Head: The City Manager shall be the "Agency Head" for purposes of implementing the provisions of this Policy. The City Manager shall promptly report all Tickets distributed pursuant to this Policy to the City Clerk, who shall be responsible for posting disclosure form(s) provided by the FPPC on the City's website in compliance with FPPC regulations and Section 6.2 of this Policy.

4.6 No Earmarking of Tickets: No Ticket gratuitously provided to the City by an outside source shall be earmarked by the original source for distribution to a particular City official.

4.7 Valuation of Tickets: The City Manager shall determine the face value of all Tickets distributed by the City pursuant to this Policy.

Page 183 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 8, 2013
August 15, 2023
ADOPTED: April 19, 2011
POLICY # 117
TITLE: Distribution and Reporting of Tickets and Passes Distributed to, or at the behest of, a City Official.

5.0 Distribution of Tickets

5.1 The distribution of the Ticket(s) to, or at the behest of, a City official accomplishes a governmental and/or public purpose including, but not limited to, any of the following:

a. The performance of a ceremonial role or function by a City official on behalf of the City at an event.

b. The official duties of the City official require his or her attendance at the event.

c. Promotion of intergovernmental relations and/or cooperation with other governmental agencies, including but not limited to, attendance at an event with or by elected or appointed public officials from other jurisdictions, their staff members and their guests.

d. Promotion of City resources and/or facilities available to National City residents.

e. Promotion of City initiated, sponsored or supported community programs or events.

f. Promoting, supporting and/or showing appreciation for programs or services rendered by charitable and non-profit organizations benefiting National City residents.

g. Promotion of business activity, development, and/or redevelopment within the City.

h. Promotion of City tourism.

i. Increasing public awareness of the various recreational, cultural, and educational venues and facilities available to the public within the City.

J. Attracting and/or rewarding volunteer public service.

k. Encouraging or rewarding significant academic, athletic, or public service achievements by National City students, residents or businesses.

l. Attracting and retaining City employees.

Page 184 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 8, 2013
August 15, 2023
ADOPTED: April 19, 2011
POLICY # 117
TITLE: Distribution and Reporting of Tickets and Passes Distributed to, or at the behest of, a City Official.

m. Recognizing or rewarding meritorious service by City employees.

n. Promoting enhanced City employee performance or morale.

o. Recognizing contributions made to the City by City officials who are leaving the City's service.

5.2 When a City official treats the Ticket as income consistent with applicable state and federal income tax laws, the distribution of the ticket to that official shall be disclosed in accordance with Section 6.2 of this Policy.

6.0 Disclosure Requirements

6.1 This policy shall be permanently posted on the City's website in a prominent fashion.

6.2 Tickets distributed pursuant to this Policy shall be disclosed on a form provided by the FPPC (Form 802), and posted on the City's website in a prominent fashion within thirty (30) days from the date Tickets are received by, or distributed at the behest of, a City official. Form 802 shall remain on the City's website for a minimum of two (2) years from the date of posting. The original Form 802 shall be retained in the Office of the City Clerk for a four (4) year period. The disclosure from shall include the following information:

a. The name of the recipient, except that if the recipient is an organization other than the City, the City may post the name, address, description of the organization and number of ticket s provided to the organization in lieu of posting the names of each recipient;

b. A description of the event;

c. The date of the event;

d. The face value of the Ticket;

e. The number of Tickets provided to each person.

f. If the Ticket was distributed at the behest of a City official, the name of the City official who made the behest; and

Page 185 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 8, 2013
August 15, 2023
ADOPTED: April 19, 2011
POLICY # 117
TITLE: Distribution and Reporting of Tickets and Passes Distributed to, or at the behest of, a City Official.

g. A description of the public purpose(s) furthered by the Ticket distribution or, alternatively, that the City official is treating the Ticket as income.

h. Tickets distributed by the City for which the City receives reimbursement from the City official shall not be subject to the disclosure provisions of Section 6.2

7.0 Exceptions

7.1 A Ticket to a non -profit fundraising dinner is generally treated as a gift to the individual under FPPC Regulation 18946.4. This Policy would not apply because the Ticket is not for admission to an event or facility "for an entertainment, amusement, recreational or similar purpose." The Ticket is reportable on the official's Statement of Economic Interests.

7.2 Where admission to a luncheon, dinner, or reception is not provided by a Ticket, but by invitation, this Policy does not apply. The value of the admission is reportable on the official's Statement of Economic Interests, unless the admission is provided by the City to the official who is attending the event as part of his/her official duties, in which case the admission is not reportable by the individual, but by the City under FPPC Regulation 18944.2

Related Policy References
See Section 1.0 above

Prior Policy Amendments
None.

April 19, 2011 (Resolution No. 2011-90) - Establishing Policy June 11, 2103 (Revised – No Resolution – Refer to Meeting Minutes) October 8, 2013 (Resolution No. 2013-147)

Page 186 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: December 10, 2013
October 17, 2023
ADOPTED: October 21, 2003
POLICY #204
TITLE: Donation Acceptance Policy
Purpose
From time to time, individuals, community groups and businesses may wish to make donations to the City in either cash or in -kind contributions that enhance projects, facilities, and programs, and the need for such projects, facilities and programs often exceeds the City’s ability to fund them. Accordingly, it is an acceptable and appropriate practice to accept donations, in order to enhance city programs and/or facilities to prov ide a higher level of service to the public.

The purpose of this policy is to establish an orderly and efficient process for the acceptance of donations made to the City. It is also important to process donations I in such a way so as to distinguish between donations made to the City, versus those made to individuals (i.ee.g., gifts or campaign contributions).

Policy
All donations made to the City shall be accepted and processed according to the following:

1. The donation must have a purpose consistent with City goals and objectives.

2. The City Council may decline any donation without comment or cause.

3. The donation must not be in conflict with any provision of the law.

4. In-kind donations will be aesthetically acceptable to the City of National City.

5. The donation will not add to the workload of the City Council or staff unless it provides a net benefit to the City.

6. The donation will not require hidden costs such as starting a program the City would be unwilling to fund when the donation was exhausted. To the extent the donation is for specific funding of a program or position, any such donation can be accepted but will not be conditioned on continuing funding for that program or position beyond the donation amount.

7. The donation must place no restriction on the City, unless agreed to by the City Council.

8. The donation shall become the property of the City.

9. All donations will receive recognition appropriate to the level and nature of the donation as determined by the City. For those of a capital nature, that may be in the form of signage, marking or naming, as determined by the City Council. Regardless

Page 187 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: December 10, 2013
October 17, 2023
ADOPTED: October 21, 2003
POLICY #204
TITLE: Donation Acceptance Policy
of the recognition strategy selected, the intent shall be to appropriately honor the donor for their contribution to the community. The appearance of traditi onal commercial advertising or product endorsements that promote the donor shall be prohibited.

10. All monetary donations shall be submitted to the Finance Department staff. A receipt shall be made available from the Finance Department, upon request. Recipient Other departments may accept non-monetary donations subject to the other provisions of this policy and shall notify the Finance Department of all such donations received, whether monetary or otherwise.

11. Cash donations exceeding $5,000, and in-kind donations exceeding $5,000 in value, must be submitted through a written agreement consistent with these guidelines and approved by the City Council. In-kind capital donations will be subject to normal City review, permitting, inspection and insurance requirements.

12. At the time of acceptance, all donations, regardless of value,donations exceeding one two-hundred and fifty dollars ( $100 250) will be acknowledged in writing , by the recipient department , in a format approved by the City Attorney. The original acknowledgement will be sent to the donor and a copy forwarded to the Finance Department.

Related Policy References
Council Policy #115: Donating City Property & Police Unclaimed Property Council Policy #117: Distribution & Reporting of Tickets and Passes Two templates for "Donation Acceptance" agreements are attached to this policy

Prior Policy Amendments
None
October 21, 2003 (Resolution No. 2003-151)
April 20, 2004 (Resolution No. 2004-58)
June 7, 2005 (Resolution No. 2005-118)
August 16, 2005 (Resolution No. 2005-183)

Page 188 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: December 10, 2013
October 17, 2023
ADOPTED: October 21, 2003
POLICY #204
TITLE: Donation Acceptance Policy

UNCONDITIONAL DONATION OF PERSONAL PROPERTY (ART WORK)

TO THE CITY OF NATIONAL CITY

_____________________________________________(hereinafter referred to as "the Donor") hereby (Name of Donor)

makes an unconditional donation, in perpetuity, of _ ______________________________________ (Description of Donation)

___________________________________________________________________________________

(hereinafter referred to as "the Donation") to the City of National City. The Donor understands and acknowledges that pursuant to Sections 37354 and 37355 of the California Government Code, the City is authorized to accept said donation for any public purpose that the City desires.

Due to the nature of the donation work of art and the site on which it is installed, the DONOR and his/her agents, heirs, successors and assigns hereby waive any and all rights they may have under thee California Art Preservation Act, as set forth in Civil Code Section 987. The DONOR agrees that upon completion, the physical work of art which is created pursuant to this Agreement shall be transferred to and shall vest in the City of National City, and the DONO R hereby expressly waives and releases all right s of ownership to the work of art, including those under Civil Service Code Section 988. The DONOR, his/her agents, heirs, successors and assigns also agree not to attempt to defeat this waiver by cooperating with any organization which seeks to bring an action under Civil Code Section 989.

The Donor hereby releases the City of National City and its officers, employees and volunteers, against and from any and all liability, loss, damages to property, claims, demands, suits, actions proceedings, costs or at torney's fees, of any kind or nature, resulting from or arising out of the City's use of the Donation.

The individual executing this document on behalf of the Donor represents that he/she has the legal power, right and authority to bind the Donor; that al l requisite action (corporate, trust partnership or otherwise) has been taken by the Donor in connection with authorizing the execution of this document; that this document shall be legally enforceable as to the Donor; an that the execution of this documen t does not conflict with or result in the breach of any contract bond, note or other agreement or instrument to which the Donor is a party.

Dated: ____________ DONOR

By: ________________________________
(Authorized Representative)
____________________________________________________________________________ For Office Use Only
Certificate of Insurance Approved ________________________________ Date:_____________

Page 189 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: December 10, 2013
October 17, 2023
ADOPTED: October 21, 2003
POLICY #204
TITLE: Donation Acceptance Policy

UNCONDITIONAL DONATION OF PERSONAL PROPERTY

TO THE CITY OF NATIONAL CITY

___________________________________________ (hereinafter referred to as ''the Donor") hereby (Name of Donor)

makes an unconditional donation, in perpetuity, of _ _____________________________________ (Description of Donation)

__________________________________________________________________________________

(hereinafter referred to as "the Donation") to the City of Nationa1 National City. The Donor understands and acknowledges that pursuant to Sections 37354 and 37355 of the California Government Code, the City is authorized to accept said donation for any public purpose that the City desires.

As a condition of the granting of permission by the City of National City to the donor to conduct its activities on public property, t he donor hereby agree(s) to defend, indemnify and hold harmless the City of National City its officers, employees and agents, from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or b oth, or any litigation and other liability, including attorney’s fees and the costs of litigation, arising out of or related to the use of public property by the donor or its agents, employees or contractors. The Donor agrees to provide a minimum of $1,000 ,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured. A certificate of insurance must be attached to this form.

The individual executing this do cument on behalf of the Donor represents that he/she has the legal power, right and authority to bind the Donor; that all requisite action (corporate, trust, partnership or otherwise) has been taken by the Donor in connection with authorizing the execution of this document; that this document shall be legally enforceable as to the Donor; and that the execution of this document does not conflict with or result in the breach of any contract, bond, note or other agreement or instrument to which the Donor is a party.

Dated:___________________________
DONOR

By:________________________________________
(Authorized Representative)
________________________________________________________________________________ For Office Use Only

Certificate of Insurance Approved ___________________________ Date _______________

Page 190 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: December 10, 2013
October 17, 2023
ADOPTED: January 16, 2007
POLICY #205
TITLE: Intrabudget Adjustment Request Policy for
the Mayor and City Council

PURPOSE

To establish a procedure for the transfer of funds from one account to another for accounts within the control of the Mayor or a City Councilmember.

POLICY

The intrabudget adjustment request (IBAR) is the procedure that is utilized to transfer funds from one account to another within a department. In the event of a transfer of funds from one account to another account for accounts with in the control of a Councilmember , the intrabudget adjustment request shall be signed by the Councilmember initiating the request, and also by the Mayor . For accounts within the control of the Mayor, the intrabudget adjustment request shall be signed by the Mayor, and also by a Councilmember. In addition, a copy of the request shall be sent by email to all members of the City Council.

The lntrabudget Adjustment Request attached to this Policy form, available from the Finance Department, is to be used in making such requests.

Related Policy References:

None.

Prior Policy Amendments:

January 16, 2007 (Resolution No. 2007-8) Established Policy December 10, 2013 (Resolution No. 2013 -189)

Page 191 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: December 10, 2013
October 17, 2023
ADOPTED: January 16, 2007
POLICY #205
TITLE: Intrabudget Adjustment Request Policy for
the Mayor and City Council

INTRABUDGET ADJUSTMENT REQUEST

DEPARTMENT ACTIVITY OR DIVISION

STATEMENT OF PROBLEM AND TIME URGENCY
__________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ __

DEPARTMENT HEAD

TRANSFER

ACCT#
TITLE

FROM:

TO:

ORIGINAL PREVIOUS

APPROPRIATION TRANSFERS

ADMINISTRATIVE REVIEW/COMMENTS
________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________

Approval Approval

Disapproval Disapproval

C.M._________________________ FIN.

DIR.__________________________

AMOUNT NEEDED
$ THIS PORTION TO BE COMPLETED

BY FINANCE DEPARTMENT

UNCLAIMED AS FINANCE

BALANCE OF INITIAL

___________________________

Page 192 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: December 10, 2013
October 17, 2023
ADOPTED: January 16, 2007
POLICY #205
TITLE: Intrabudget Adjustment Request Policy for
the Mayor and City Council
Date:________________________
Date:_____________________________
cc: Budget File- White
Requesting Department Head -Yellow
City Manager – Pink
Originating Dept. – Goldenrod Date
Posted:_______________________

Page 193 of 229 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: December 10, 2013
October 17, 2023
ADOPTED: February 24, 1991 1981
POLICY #301
TITLE: Legislative and Judicial Platform
Purpose
To establish guidelines which allow staff to respond to proposed legislation and pending litigation quickly and effectively and to serve as broad statement of City policy on a variety of public issues.

Policy
The City Council shall adopt a legislative and judicial platform and annual legislative priorities, developed by staff as policy parameters in order to respond to proposed legislation and pending litigation quickly. The di rection provided in the legislative and judicial platform will encompass principles fundamental to the needs of the City. This platform shall be updated and revised by the City Council as necessary. In addition, the City Council shall adopt legislative priorities annually. These City Council endorsed legislative priorities may address specific and pending regional, state, and federal policy issues for the City of National City.

Generally, the legislative priorities document shall include only those items of a direct and substantial impact on municipal operations. The City will work with local legislators, as appropriate, in advancing the City's adopted legislative platform.

The City of National City lLegislative pPlatform and pPriorities Policy formally establishes the City's position on pending legislative matters. With this policy guidance, the City Manager's Office shall advocate for and against legislative matters as appropriate without waiting for Council approval. The method of communication and level of engagement will be determined by the City Manager's Office based on the City Council priorities, legislative climate, and urgency of the legislative proposal. The City Council will be provided with legislative updates and copies of correspondence sent on behalf of the City.

Similarly, the platform and priorities allow the City staff to provide input into the judicial system, such as by adding the City's name to amicus curiae briefs, by corresponding with appellate courts, or by supporting efforts of the League of California Cities' Cal Cities Legal Advocacy Committee, without waiting for Council approval. Written correspondence to the appellate courts or requests to participate in amicus curiae briefs will be signed by the City Attorney or designee, with a copy to the City Council.

Council approval is required on those issues which do not fall within the parameters of the legislative and judicial platform or legislative priorities, unless scheduling an approval is not possible due to (a) the emergency nature of the legislation or litigation, or to(b) the necessity of City action which prevents such scheduling in a timely manner. In such cases, the City Manager shall determine the appropriate course of action as to legislative matters, after considering the recommendation of the Department Director .; and t The City Attorney shall make such determinations on litigation issues. For the purpose of the Legislative Platform, the term “City” includes the City of National City, Community Development Commission – Housing Authority, Successor Agency to the Community Development

Page 194 of 229 ends

National City City CouncilOctober 17, 2023

National City City Council
October 17, 2023