Agenda packet, regular meeting — National City City Council, November 7, 2023 (part 1 of 4)

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, the start time is based on needs. Check Special Agendas for times.

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

Agendas and Material: Agendas and Agenda Packet for items listed are available on the City website, and distributed to the City Council no less than 72 hours 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) EFFECTIVE JANUARY 1, 2023
All Contributions to Candidates and Current Elected Officials are required to se lf-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 prior to the City Council Meeting.

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. .

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 agendas especiales para conocer los horarios.

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

Agendas y Material: Las Agendas y el Paquete de Agenda para los temas enumerados están disponibles en el sitio web de la Ciudad y se distribuyen al Concejo Municipal no menos de 72 horas antes de la Reunión del Concejo Municipal. Regístrese 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 persona 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, November 7, 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 Introduction of New City Employees 6

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

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

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

8.2 Approval of City Council Meeting Minutes. 7
Recommendation:

Approve and file.

8.3 Acceptance of the Department of Alcoholic Beverage Control Award of $40,000 to the National City Police Department to perform operations sponsored by the Department of Alcoholic Beverage Control’s Minor Decoy/Shoulder Tap Grant Project.
28 Recommendation:

Adopt the Resolution Entitled, “Resolution of the City of National City, California, Authorizing the Acceptance of the Department of Alcoholic Beverage Control’s Minor Decoy/Shoulder Tap Grant Project Funds in the Amount of $40,000, Funded by the California Office of Traffic Safety through the National Highway Traffic Safety Administration, and Authorizing the Establishment of a Fiscal Year 2024 Appropriation and Corresponding Revenue Budget in the Amount of $40,000.”

8.4 Accepting a Caltrans Sustainable Transportation Planning Grant for the National City Sustainable Mobility Plan (SMP)
45 Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Accepting a California Department of Transportation (Caltrans), Division of Transportation Planning, Sustainable Transportation Planning Grant in the Amount of $422,918; 2) Authorizing the City Manager to Execute the Grant Agreement and any Amendments Thereto with Caltrans for the National City Sustainable Mobility Plan; 3) Authorizing the Establishment of an Engineering Grants Fund Appropriation of $422,918 and Corresponding Revenue Budget; and 4) Committing to Providing a Local Match of $54,795.”

8.5 Acting Assignment Policy 55
Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Adopting a City Administrative Policy on Acting Assignments.”

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8.6 Affordable Housing Density Bonus Agreement for 2704 East 18th Street 61 Recommendation:

Adopt the Resolution Entitled “Resolution of the City Council of the City of National City, California, Approving an Affordable Housing Density Bonus Agreement and Related Documents with 2704 18th, LLC, a California Limited Liability Company, and Restricting the Rent and Occupancy of Two Units to Low-Income Households in Exchange for Four Incentives Pursuant to California Government Code Sections 65915 – 65918 for the Development of Nine Housing Units Located at 2704 East 18th Street in National City.”

8.7 Approval of a Resolution Authorizing the Acceptance of Justice Assistance Grant (JAG) and Appropriation of Funds to Purchase Red Dot Pistol Optics and Holsters.
102
Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Acceptance of the National City Police Department’s Grant Award of $31,358.00 from the 2023 Edward Byrne Memorial Justice Assistance Grant (JAG) Program to Purchase Red Dot Pistol Optics and Holsters, and Authorizing the Establishment of an Appropriation and Corresponding Revenue Budget.”

8.8 Authorize Adding One (1) Full-Time Police Dispatch Supervisor and Removing One (1) Full-Time Police Dispatcher for Fiscal Year 2023-2024 and Onward. 147
Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of National City, California, Authorizing the Addition of One (1) Police Dispatch Supervisor and Removal of One Police Dispatcher from the Authorized Positions of the City.”

8.9 National City Chamber of Commerce Economic Development Agreement 160 Recommendation:

Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute an Agreement between the City of National City and the National City Chamber of Commerce for a Not-to-Exceed Amount of $50,000 to Assist in Economic Development Services.”

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8.10 Ratifying Prior Expenditures and Amendment No. 1 for Section 8 Software. 178 Recommendation:

Adopt the Resolution Entitled, “Resolution of the Community Development Commission-Housing Authority of the City of National City, California, Ratifying Prior Expenditures from Fiscal Year (FY) 2002 through FY 2024 Totaling $292,349.49 and Master Agreement Amendment No. 1, Including a Not-to- Exceed Amount of $35,030.00 for FY 2025, to Administer the Section 8 Housing Choice Voucher Program through Happy Software Inc., Now Known as MRI Software LLC.”

8.11 Investment transactions for the month ended August 31, 2023. 215 Recommendation:

Accept and file the Investment Transaction Ledger for the month ended August 31, 2023.

8.12 Warrant Register #11 for the period of 9/8/23 through 9/14/23 in the amount of $607,705.26
222
Recommendation:

Ratify Warrants Totaling $607,705.26

8.13 Warrant Register #12 for the period of 9/15/23 through 9/21/23 in the amount of $2,130,294.40
226
Recommendation:

Ratify Warrants Totaling $2,130,294.40

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

9.1 Second Reading and Adoption of Ordinance Establishing Speed Limits Based on Engineering and Traffic Surveys
231
Recommendation:

Adopt an Ordinance Establishing Speed Limits on Various Streets Based on Engineering and Traffic Surveys and Authorizing the Director of Public Works to Post Speed Limit Signs Consistent with the Recommendations of the Engineering and Traffic Surveys.

9.2 Cost Recovery Fees for Fire Department Responses 253 Recommendation:

Adopt the Resolution Entitled “Resolution of the City Council of the City of National City, California, Amending Exhibit “A” of the National City Municipal Code Section 4.70.03 Relating to Recovering Costs for the Deployment of Emergency Services by the National City Fire Department.”

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9.3 Introduction of an Ordinance Amending National City Municipal Code Sections

10.70 – Police Regulated Business Regulations and 10.79 – Massage Establishments.
265
Recommendation:

Introduction and First Reading of an Ordinance Entitled, “An Ordinance of the City Council of the City of National City, California, Amending Chapters 10.70 – Police Regulated Business Regulations and 10.79 – Massage Establishments of the National City Municipal Code.”

10. STAFF REPORTS

10.1 Fiscal Year 2024 First Quarter Budget Review 307
Recommendation:

Accept and File this Report, and Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing Various Fiscal Year 2024 1st Quarter Budget Adjustments.”

10.2 Consideration of a Project Labor Agreement with the San Diego Building and Construction Trades Council and Associated Craft Unions. 313
Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing Entering into a Project Labor Agreement with the San Diego Building and Construction Trades Council and Associated Craft Unions.”

11. CITY MANAGER’S REPORT

12. ELECTED OFFICIALS REPORT

13. CITY ATTORNEY REPORT

14. ADJOURNMENT
Regular Meeting of the City Council of the City of National City - Tuesday, November 21, 2023 - 6:00 p.m. - Council Chambers - National City, California.

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Page 6 of 368 ends

AGENDA REPORT

Department: City Clerk's Office
Prepared by: Shelley Chapel, City Clerk
Meeting Date: Tuesday, November 7, 2023
Approved by: Ben Martinez, Interim City Manager

SUBJECT:

Approval of City Council Meeting Minutes.

RECOMMENDATION:

Approve and file.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

Meeting Minutes:

Regular City Council Meeting of October 3, 2023
Special City Council Meeting of October 12, 2023
Special City Council Meeting of October 17, 2023
Regular City Council Meeting of October 17, 2023

FINANCIAL STATEMENT:

Not Applicable.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Not Applicable

ENVIRONMENTAL REVIEW:

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

PUBLIC NOTIFICATION:

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

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A - Regular City Council Meeting of October 3, 2023 Exhibit B - Special City Council Meeting of October 12, 2023 Exhibit C - Special City Council Meeting of October 17, 2023 Exhibit D - Regular City Council Meeting of October 17, 2023

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REGULAR MEETING MINUTES OF THE CITY COUNCIL
October 3, 2023, 6:00 p.m.

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

Present: Councilmember Bush (arrived at 6:39 p.m.)
Councilmember Rodriguez
Councilmember Yamane
Vice-Mayor Molina
Mayor Morrison

Others Present: Ben Martinez, Interim City Manager
Richard Romero, Assistant City Attorney
Carlos Aguirre, Acting Deputy City Manager/Housing Authority Director
Molly Brennan, Administrative Services Director
Danielle Ghio, Principal Librarian
Alejandro Hernandez, Assistant Chief of Police
Tonya Hussain, Executive Secretary
Stephen Manganiello, Director of Public Works/City Engineer Sergio Mora, Fire Chief
Martin Reeder, Planning Manager

1. CALL TO ORDER
A Regular Meeting of the City Council of the City of National City was called to order at 6:04 p.m. via teleconference and in the Council Chamber, located in City Hall, 12 43 National City Boulevard, National City, California.

2. ROLL CALL
Councilmembers present: Bush (arrived at 6:39 p.m.) , Rodriguez, Yamane, Molina , Morrison

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Administrative Officials present: Martinez, Romero, Aguirre, Brennan, Ghio, Hernandez, Hussain, Manganiello, Mora, Reeder
Interpretation in Spanish provided by Ruth Monroy and Luisa Diaz.

3. PLEDGE OF ALLEGIANCE TO THE FLAG
Vice-Mayor Molina led the Pledge of Allegiance.

4. INVOCATION
Invocation delivered by Pastor Benny Madrid Sr. from World of Life Worship Center

5. PUBLIC COMMENT
Mayor Morrison summarized the process for acceptance of live public comment allowing three (3) minutes per comment and introduced Executive Secretary Hussain.

Two (2) speakers provided in -person comments, and three (3) people provided virtual comment.

In-Person Comment:

Laura Wilkinson Sinton
Joan Rincon
Paul Wapnowski
Ed Nieto
Zoom Comment:

Peggy Walker
Becky Rapp
Barbara Gordon

6. PROCLAMATION

6.1 National Domestic Violence Awareness Month
Mayor Morrison presented the proclamation. The Proclamation was accepted by Domestic Violence Abuse Survivor Rachelle.

6.2 Introduction of New City Employees
Mayor Morrison Introduced Interim City Manager Martinez, introduced Acting Community Development Director, Brian Hadley, and Retired Annuitant Eric Dennis, hired as a Building Official.

Alex Hernandez, Assistant Chief of Police; Eugenia Gonzales, Animal Regulations Officer; and, Stephen Eric Karcher, Police Dispatcher

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

7.1 Civil Service Commission Annual Report to Council
Mayor Morrison Introduced Director of Administrative Services Brennan, who also serves as Secretary to the Civil Service Commission. Mrs. Brennan introduced Commissioner Wapnowski and gave the Annual Report.

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8. REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes each)
Councilmembers Bush, Rodriguez, and Yamane had nothing to report.

Vice-Mayor Molina reported on the SANDAG Board of Directors Meeting.

Mayor Morrison had nothing to report.

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

9. CONSENT CALENDAR
ACTION: Motion by Councilmember Bush, secon ded by Councilmember Yamane to approve Consent Calendar Items 9.1 through 9.3 and 9.5, 9.6, and 9.8 through 9.14 with Item 9.4 pulled by Councilmember Yamane, and Item 9.7 pulled by a member of the public.

Motion carried by unanimous vote.

9.1 Approval of Reading by Title Only and Waiver of Reading in Full of Ordinance on this Agenda
Motion carried by unanimous vote

9.2 Acceptance of Donation from The Over Under Initiative and Approval of Use of Existing Appropriation and Fund Balance for Fencing for Kimball Park Goalpher Project.

Approved Resolution No. 2023-140
Approved the Resolution Entitled “Resolution of the City C ouncil of the City of National City, California, Authorizing the Acceptance of the In -Kind Capital Donation and Installation of a Pair of Goalphers from The Over Under Initiative and the Use of the Kimball Park Dog Park & Tot Lot and Las Palmas Dog Park Project Fund Balance for Fencing for the Kimball Park Goalpher Project.” Motion carried by unanimous vote

9.3 Approval of City Council Meeting Minutes
Motion carried by unanimous vote
Item pulled for discussion by City Councilmember Yamane.

9.4 California Library Family Literacy Services Grant Funds Acceptance Recommendation:

Approved Resolution No. 2023-141
Adopted Resolution Entitled, “Resolution of the City Council of the City of National City, California, Accepting the California Library Literacy Services (CLLS) grant of $55,945 from the California State Library for the Library Literacy Services Program for FY24 Adult Literacy and Family Literacy programs and authorizing the establishment of Library Grants Fund appropriations of $55,945 and corresponding revenue budgets.”

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Interim City Manager introduced Danielle Ghio, Acting City Librarian, who introduced Mikki Vidamo, Academic Enrichment Program Coordinator who provided information regarding the Literacy Services Program.

ACTION: Motion by Councilmember Yamane, seconded by Vice-Mayor Molina to adopt the resolution.

Motion carried by unanimous vote

9.5 Notice of Decision - Conditional Use Permit for Modified Alcohol Sales Hours at an Existing Retail Store (The 99 Cents Only Store) Located at 1320 Highland Avenue.

Approved Resolution No. 2023-144
Approved the Request for the Extended Alcohol Sales Hours Subject to the Attached Recommended Conditions. The Sale of Alcohol is a Conditionally Allowed Use in MXD -2 and Would Contribute to the Diver sity of Commercial Offerings in the Area.

Motion carried by unanimous vote

9.6 Notice of Decision - Conditional Use Permit for an Outdoor Commercial Recreation Facility (Padel Club) to be Located at 21 West 7th Street.

Approved the Operation of an Outdoor Commercial Recreation Facility, Subject to the Recommended Conditions in the Attached Resolution and a Determination that the Project is Exempt from CEQA. The Operation of an Outdoor Commercial Recreation Page 2 of 4 Facility is a Conditionally -Allowed Use in Development Zone 1B of the Downtown Specific Plan (DSP).

Motion carried by unanimous vote
Item pulled for discussion by a member of the public.

9.7 Notice of Decision – Conditional Use Permit for alcohol sales and karaoke at a new entertainment center (Round 1 Bowling & Arcade) to be located at Westfield Plaza Bonita.

One (1) speaker provided in-person comment: Joan Rincon Alex Hernandez, Assistant Chief of Police, and Martin Reeder, Planning Manager provided responses to City Councilmembers’ questions.

Recommendation to approve the sale of on-site beer, wine, and distilled spirits with live entertainment, subject to the recommended conditions in th e attached resolution and a determination that the project is exempt from the California Environmental Quality Act (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.

ACTION: Motion by Councilmember Bush, seconded by Councilmember Yamane to approve the recommendation to set a Public Hearing based on a date determined by the Interim City Manager to return to be considered by the City Council.

Motion carried by unanimous vote

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9.8 Part-Time Police Dispatcher Trainer Assignment Pay Approved Resolution No. 2023-142
Adopted a Resolution Entitled “Resolution of the City Council of the City of National City, California Authorizing Trainer Assignment Pay for Part -Time Police Dispatchers.”
Motion carried by unanimous vote

9.9 Investment Report for the Quarter Ended June 30, 2023.

Accept and File the Investment Report for the Quarter Ended June 30, 2023.

Motion carried by unanimous vote

9.10 Investment transactions for the month ended July 31, 2023.

Accept and file the Investment Transaction Ledger for the month ended July 31, 2023.

Motion carried by unanimous vote

9.11 Warrant Register #3 for the period of 7/14/23 through 7/20/23 in the am ount of $1,484,995.15.

Ratify Warrants Totaling $ 1,484,995.15
Motion carried by unanimous vote

9.12 Warrant Register #4 for the period of 7/21/23 through 7/27/23 in the amount of $2,907,856.44.

Ratify Warrants Totaling $ 2,907,856.44.

Motion carried by unanimous vote

9.13 Warrant Register #5 for the period of 7/28/23 through 8/03/23 in the amount of $2,994,591.27.

Ratify Warrants Totaling $2,994,591.27
Motion carried by unanimous vote

9.14 Warrant Register #6 for the period of 8/4/23 through 8/10 /23 in the amount of $3,540,950.62.

Ratify Warrants Totaling $3,540,950.62
Motion carried by unanimous vote

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PUBLIC HEARING

10.1 Master Fee Schedule Update
Approved Resolution No. 2023-143
Mayor Morrison introduced Director of Administrative Services Brennan who provided an overview of the report. Alex Hernandez, Assistant Chief of Police was also available for questions.

Vice-Mayor Molina asked for staff to return with a report in the future to provide the dog license process and responsibility for doing so.

Mayor Morrison declared the Public Hearing open at 7:25 p.m.

No Public Comment.

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

Motion carried by unanimous vote
Public Hearing closed at 7:25 p.m.

Recommendation: Hold a Public Hearing, Receive Public Comments, and Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Adopting Updated City User Fees.”
ACTION: Motion by Councilmember Yamane, seconde d by Councilmember Rodriguez to adopt the Resolution adopting City User Fees.

Motion carried by unanimous vote.

STAFF REPORTS

11.1 Exclusive Negotiating Agreement Between the City of National City and Tower 999, LLC for the Disposition of City-Owned Real Property located at 921, 925, and 929 National City Boulevard.

Approved Resolution No. 2023-144
Recommendation: Approval of a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the City Manager to Execute a Second Amendment to the Exclusive Negotiating Agreement By and Between the City of National City and Tower 999, LLC, A Nevada Limited Liability Company for the Disposition of City -Owned Real Property Located at 921, 925, And 929 National City Boulevard and Development of a Seven -Story, Mixed Use Building with Approximately 9,294 Square Feet of Retail/Commercial Space and 127 Rental Dwelling Units.

Acting Deputy City Manager and Housing Authority Director Aguirre provided the report.

ACTION: Motion by Vice-Mayor Molina, seconded by Councilmember Yamane to adopt the resolution.

Motion carried by unanimous vote.

Councilmember Bush left the dais at 7:33 pm. and returned at 7:35 pm.

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12. CITY MANAGER’S REPORT
No report.

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

14. CITY ATTORNEY REPORT
No report.

15. ADJOURNMENT
Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, Tuesday, October 17 2023, 6:00 in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

The meeting adjourned at 7:43 p.m.
__________________________________
Shelley Chapel, MMC, City Clerk

The foregoing minutes were approved at the Regular Meeting of November 7, 2023.

________________________________
Ron Morrison, Mayor

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SPECIAL MEETING MINUTES OF THE CITY COUNCIL

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

Others Present: Ben Martinez, Interim City Manager
Richard Romero, Assistant City Attorney
Shelley Chapel, City Clerk (via Zoom)
Tonya Hussain, Executive Secretary

1. CALL TO ORDER
A Special Meeting of the City Council of the City of National City was called to order at 3:05 p.m. via teleconference and in the Council Chamber, located in City H all, 1243 National City Boulevard, National City, California.

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

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

October 12, 2023, 3:00 p.m.

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

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

Six (6) speakers provided in-person comments.

In-Person Comment:

Kelsey Genesi :

Joan Rincon
Bradley Bang
Jose Franco Garcia
Monserrat Hernandez
Zachary Gomez

5. CLOSED SESSION
Members retired into Closed Session at 3:23 p.m. Bush, Rodriguez, Yamane , Molina, Morrison, Martinez, Romero. All members returned to the open session at 4:43 p.m. with all members present in attendance: Bush, Rodriguez, Yamane, Molina, Morrison, Martinez, Romero.

5.1 CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d)
Number of potential cases: 1
Mayor Morrison announced that the City Council united in preparing a response to the Port of San Diego and the Public.

Assistant City Attorney Romero stated the Council received direction and no reportable action.

6. ADJOURNMENT
Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, on Tuesday, September 19, 2023, at 6:00 p.m. in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

The meeting adjourned at 4:45 p.m.
__________________________
Shelley Chapel, MMC, City Clerk

The foregoing minutes were approved at the Regular Meeting of November 7, 2023.

__________________________
Ron Morrison, Mayor

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SPECIAL MEETING MINUTES OF THE CITY COUNCIL

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

Others Present: Ben Martinez, Interim City Manager
Barry J. Schultz, City Attorney
Shelley Chapel, City Clerk (via Zoom)
Tonya Hussain, Executive Secretary

1. CALL TO ORDER
A Special Meeting of the City Council of the City of National City was called to order at 4:32 p.m. via teleconference and in the Council Chamber, located in City Ha ll, 1243 National City Boulevard, National City, California.

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

3. PLEDGE OF ALLEGIANCE TO THE FLAG
Vice-Mayor Molina led the Pledge of Allegiance.

October 17, 2023, 4:30 p.m.

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

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4. PUBLIC COMMENT
No public comment.

5. CLOSED SESSION
Members retired into Closed Session at 4:34 p.m. Bush, Rodriguez, Yamane, Molina, Morrison, Martinez, and Schultz. Interim City Manager Martinez left Closed Session at 4:49 p.m. and returned to the Closed Session at the request of Assistant City Attorney Romero at 5:20 p.m. Following all remaining members discussed ite m 5.2. in Closed Session.

All members returned to the Open S ession at 6:03 p.m. with all members present in attendance: Bush, Rodriguez, Yamane, Molina, Morrison, Martinez, and Romero.

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

5.2 CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d)
Number of potential cases: 1

6. ADJOURNMENT
Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, on Tuesday, October 17, 2023, at 6:03 p.m. in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

The meeting adjourned at 6:02 p.m.
__________________________
Shelley Chapel, MMC, City Clerk

The foregoing minutes were approved at the Regular Meeting of November 7, 2023.

__________________________
Ron Morrison, Mayor

Page 18 of 368 ends

REGULAR MEETING MINUTES OF THE CITY COUNCIL
October 17, 2023, 6:00 p.m.

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

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

Others Present: Ben Martinez, Interim City Manager
Barry Schultz, City Attorney
Shelley Chapel, City Clerk (via Zoom)
Carlos Aguirre, Acting Deputy City Manager/Housing Authority Director
Molly Brennan, Administrative Services Director
Danielle Ghio, Principal Librarian
Brian Hadley, Building Official/Acting Director of Community Development
Alejandro Hernandez, Assistant Chief of Police
Tonya Hussain, Executive Secretary
Stephen Manganiello, Director of Public Works/City Engineer Martin Reeder, Planning Manager
James Stiles, Fire Captain

1. CALL TO ORDER
A Regular Meeting of the City Council of the City of National City was called to order at 6:14 p.m. via teleconference and in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

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

Administrative Officials present: Martinez, Romero, Aguirre, Brennan, Ghio, Hernandez, Hussain, Manganiello, Mora, Reeder

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

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

4. INVOCATION
Invocation delivered by Pastor Carlos Serrano of the Bible Baptist Church in National City.

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

Four (4) speakers provided in -person comments, and one (1) person provided virtual comment.

In-Person Comment: Written Comment:

Ted Godshalk Nathan Maycott
Geoffrey Schrock
Jared Hernandez
Ed Nieto
Councilmember Bush left the dais at 6:18 pm. and returned at 6:20 pm.

6. PROCLAMATION

6.1 Filipino American History Month
Mayor Morrison presented the proclamation. The Proclamation was accepted by Joann Fields, Government and P ublic Relations Director of the A sian Pacific Islander Initiative; Dr. Camacho, MD of National City; and Michael Estella, President of the Board of Directors for Filipino American Society and Cultural Arts Troop.

6.2 Employee of the Quarter, David Welch, Associate Planner Mayor Morrison Introduced Martin Reeder, Planning Manager introduced David Welch. Mayor Morrison presented Mr. Welch with a Proclamation.

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

7.1 Port of San Diego Proposed Zero Emission Truck Stop, National City Mayor Morrison Introduced Port Commissioner Sandy Naranjo and Maggie Weber, Principal of Strategic Planning of the Port of San Diego. Ms.Weber provided the overview of the Request for Proposals for the Zero Emission Truck Stop plan.

8. REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes each)
Councilmembers Bush, Rodriguez, and Yamane had nothing to report.

Vice-Mayor Molina reported on the SANDAG Board of Directors Meeting.

Mayor Morrison reported on the Regional Solid Waste Association and discussed recent legislation including the food waste program.

Page 20 of 368 ends

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

9. CONSENT CALENDAR
ACTION: Motion by Vice-Mayor Molina, seconded by Councilmember Yamane to approve Consent Calendar Items 9.1 through 9.3, and 9.6, with Item Number 9.4 pulled by a member of the public.

9.1 Approval of Reading by Title Only and Waiver of Reading in Full of Ordinance on this Agenda
Motion carried by unanimous vote

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

Approved Resolution No. 2023-145
Approved the 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 Ag reements 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.” Motion carried by unanimous vote

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

Motion carried by unanimous vote
Item pulled for discussion by a member of the public.

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

Public comment received from Joan Rincon.

ACTION: Motion by Councilmember Rodriguez, seconded by Mayor Morrison to approve the item.

Motion carried by unanimous vote

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

Motion carried by unanimous vote

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

Motion carried by unanimous vote

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PUBLIC HEARING

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.

Approved Resolution No. 2023-146
Mayor Morrison introduced Planning Manager Reeder who provided an overview of the report and PowerPoint Presentation . Alex Hernandez, A ssistant Chief of Police was also available for questions.

Per City Council Policy No. 116 - Disclosures of Ex Parte Contacts:

Councilmember Bush met with the applicant and team and owner of the chain.

Councilmember Rodriguez met with the applicants and was also given a tour.

Councilmember Yamane met with the applicant and consultants.

Vice-Mayor Molina had nothing to disclose.

Mayor Morrison met with the applicants.

Mayor opened the Public Hearing at 7:36 p.m.

Mayor provided the opportunit y for the applicant and representatives to make a statement. Corporate representative on behalf of the appellant , and Sean Yeo was also available for questions.

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

Public Comment:

In-Person Comment: Written Comment and eSCRIBE Comment:

Mauricio Valadez Ted Godshalk
Breanna Bravo
Alfonso Arana Jr.

Gian Celario
Cheddy Matthew

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

Motion carried by unanimous vote.

Public Hearing closed at 7:46 p.m.

Councilmember Bush left the dais at 7:48 p.m. and returned at 7:50 p.m.

Recommendation: Approving the appeal, reversing the Planning Commission decision based on the attached findings or findings determined by the City Council.

ACTION: Motion by Councilmember Yamane, seconded by Vice-Mayor Molina adopt the Resolution based on the findings.

Motion carried by unanimous vote.

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Per City Council Policy 104 (III)(R) Mayor Morrison recognized that there wa s no one registered on the Zoom for comment, the interpreters were released at 8:00 p.m.

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.

Approved Resolution No. 2023-147
Councilmember Rodriguez left the dais at 8:24 p.m. and returned at 8:26 p.m.

Mayor Morrison introduced Planning Manager Reeder who provided an overview of the report and PowerPoint Presentation . Alex Hernandez, Assistant Chief of Police was also available for questions.

Per City Council Policy No. 116 - Disclosures of Ex Parte Contacts: No Disclosures.

Mayor provided the opportunity for the applicant and representa tives to make a statement. The Director of Loss Prevention for Round 1 was available for response to Council questions. Steven Takeuchi, Round 1 Construction and Compliance Director.

Mayor Morrison declared the Public Hearing open at 8:29 p.m.

Public Comment:

In-Person Comment: Written Comment and eSCRIBE Comment:

Joan Rincon Ted Godshalk

ACTION: Motion by Councilmember Yamane, seconded by Councilmember Bush to Close the Public Hearing.

Motion carried by unanimous vote
Public Hearing closed at 8:33 p.m.

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.

ACTION: Motion by Councilmember Bush, seconded by Councilmember Rodriguez to adopt the Resolution to include an ame ndment to expand hours to 2:00 a.m.

Substitution Motion by Mayor Morrison, seconded by Vice-Mayor Molina to adopt the recommendation to include an amendment to hold the last call at midnight and allow the business to close at 2:00 a.m.

Mayor Morrison to amend the substitute motion to limit alcohol last call to 1:00 a.m., and allow the business to close at 2:00 a.m., S econded by Vice -Mayor Molina.

Motion carried by unanimous vote.

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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.

Approved Resolution No. 2023-148
Councilmember Bush left the dais at 8:55 p.m. and returned at 8:58 p.m.

Mayor Morrison introduced Planning Manager Reeder who provided an overview of the report.

Mayor Morrison declared the Public Hearing open at 8:56 p.m.

Public Comment:

In-Person Comment: Written Comment and eSCRIBE Comment:

Joan Rincon Ted Godshalk

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

Motion carried by unanimous vote
Public Hearing closed at 8:57 p.m.

Recommendation: Staff Recommends Adopting the Resolution Entitled, “Resolution of the Cit y 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.”
ACTION: Motion by Councilmember Yamane , seconded by Councilmember Rodriguez to adopt the Resolution.

Motion carried by unanimous vote.

10.4 Introduction and First Reading of the Ordinance Establishing Speed Limits Based on Engineering and Traffic Surveys.

Mayor Morrison introduced Director of Public Works/ City Engineer Manganiello who provided an overview of the report and PowerPoint. Phil Rag with STS Traffic was available for questions.

Mayor opened the Public Hearing at 9:14 p.m.

Mayor provided the opportunity for the applicant and representatives to make a statement.

Written Comment and eSCRIBE Comment:

Ted Godshalk

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

Motion carried by unanimous vote.

Public Hearing closed at 9:14 p.m.

Page 24 of 368 ends

Recommendation: Introduce the Ordinance by First Reading, Entitled, “Ordinance of the City Council of the City of National City, California, Establishing Speed Limits on Various Streets Based on Engineering and Traffic Surveys and Authorizing the Director of Public Works to Post Speed Limit Signs Consistent with the Recommendations of the Engineering and Traffic Surveys.” ACTION: Motion by Vice-Mayor Molina, seconded by Councilmember Bush to accept the first reading of the Ordinance.

Motion carried by unanimous vote.

STAFF REPORTS

11.1 Annual Review of City Council Policy Manual
Approved Resolution No. 2023-149
City Clerk Chapel provided the report.

Councilmember Bush left the dais at 9:41 p.m. and returned at 9:43 p.m.

Recommendation: Approval of 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).”
ACTION: Motion by Councilmember Rodriguez , seconded by Councilmember Yamane to adopt the resolution with an amendment to the public comment section to include a change to four hours before the meeting.

Staff to return to the City Council with an update to Policy 104 to update the area regarding headphones for translations.

Motion carried by unanimous vote.

11.2 Consideration of the Legal Opinion Regarding Primary Voting System City Attorney Schultz provided the report. City Clerk Chapel was available for questions. Note that the Special Counsel waived the Attorney -Client privilege to allow the memo to be attached to the report for reference.

Councilmember Bush left the dais at 10:33 p.m. and returned at 10:35 p.m.

Public Comment:

In-Person Comment: Zoom Comment:

Aida Castaneda Kelsey Genesi
Joan Rincon
Randi Castle

Recommendation: Provide Direction to Staff Regarding Options provided in the Legal Opinion Regarding Primary Voting System.

ACTION: Motion by Councilmember Rodriguez, seconded by Councilmember Bush, to direct and pursue the charter option to be placed on the November 2024

Page 25 of 368 ends

Election with a primary voting system in the charter and allow to explore other options to be included in the charter.

Amended motion by Councilmember Rodriguez to wait for the presentation by the City Attorney and City Clerk at the second meeting in November to then have a more robust discussion at that time.

Substitute Motion by Mayor Morrison to accept and file t he report, seconded by Vice-Mayor Molina.

Motion failed by 2-3 vote.

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

Original motion by Councilmember Rodriguez, seconded by Councilmember Bush, to return to Council with a report at the second meeting in November if possible.

Motion carried by 3-2 vote.

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

12. CITY MANAGER’S REPORT
No report.

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

14. CITY ATTORNEY REPORT
City Attorney Schultz announced that there were two items discussed in Closed Session, the first item involved public employment, and position concerned was the City Manager position. The City Council has directed the City Attorney to negotiate with Ben Martinez a contract for a permanent position as City Manager.

The second item dealt with a conference with legal counsel regarding significant exposure to litigation and no reportable action for that item.

15. ADJOURNMENT
Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, Tuesday, November 7, 2023, 6:00 p.m. in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

Page 26 of 368 ends

The meeting adjourned at 10:55 p.m.
__________________________________
Shelley Chapel, MMC, City Clerk

The foregoing minutes were approved at the Regular Meeting of November 7, 2023.

________________________________
Ron Morrison, Mayor

Page 27 of 368 ends

AGENDA REPORT

Department: Police Department
Prepared by: Joseph Camacho, Police Sergeant
Meeting Date: Tuesday, November 7, 2023
Approved by: Ben Martinez, Interim City Manager

SUBJECT:

Acceptance of the Department of Alcoholic Beverage Control A ward of $40,000 to the National City Police Department to perform operations sponsored by the Department of Alcoholic Beverage Control’s Minor Decoy/Shoulder Tap Grant Project.

RECOMMENDATION:

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

In August of 2023, the National City Police Department submitted an application to the Department of Alcoholic Beverage Control for consideration to be awarded up to $40,000 as a part of the Department of Alcoholic Beverage Control’s Minor Decoy/Shoulder Tap Grant Project, funded by the California Office of Traffic Safety through the National Highway Traffic Safety Administration (Refer to Exhibit A – National City Police Department ABC Grant Application).

On September 27, 2023, the National City Police Department was advised by the Department of Alcoholic Beverage Control that the National City Police Department had been selected to participate in the Department of Alcoholic Beverage Control’s ABC-OTS Grant Program and had been awarded $40, 000. As part of the grant, the Department of Alcoholic Beverage Control requests a signed resolution from the National City Police Department’s governing body (Refer to Exhibit B – ABC Congratulations Letter to NCPD , Exhibit C – ABC-OTS Grant Program Information Sheet, and Exhibit F - Resolution).

In addition, the Department of Alcoholic Beverage Control submitted a “Standard Agreement” which will be signed by Chief Jose Tellez or Assistant Chief Alejandro Hernandez with agreed- upon terms and conditio ns for the scope of work performed during grant-funded operations, budget details, and payment provisions, general terms and conditions, and special terms and conditions (Refer to Exhibit D – ABC/NCPD Standard Agreement and Exhibit E – ABC OTS Exhibits).

The Police Department proposes the acceptance of the grant monies to allow for police operations focused on community safety, reductions of alcohol sales to minors, and regulation/education of Police Regulated Businesses that vendor alcohol within National City.

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FINANCIAL STATEMENT:
290-11607-3463 $40,000
290-411-607-102-0000 $35,406.49
290-411-607-140-0000 $3445.05
290-411-607-161-0000 $513.39
290-411-607-226-0000 $635.06

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Public Safety

ENVIRONMENTAL REVIEW:

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

PUBLIC NOTIFICATION:

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

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A – National City Police Department ABC Grant Application Exhibit B – ABC Congratulations Letter to NCPD
Exhibit C – ABC-OTS Grant Program Information Sheet
Exhibit D – ABC/NCPD Standard Agreement
Exhibit E – ABC OTS Exhibits
Exhibit F – Resolution

Page 29 of 368 ends

1200 National City Boulevard
National City, CA 91950
(619) 336-4411
www.nationalcitypd.org

The Department of Alcoholic Beverage Control,

The National City Police Department respectfully wishes to b e considered to receive your grant for local law enforcement agencies to reduce alcohol related harm which is funded by the California Officer of Traffic Safety (OTS), through the National Highway Traffic Safety Administration (NHTSA).

As you can tell fro m the at tachment, the City of National City’s 2020 OTS Crash Ranking Results for vehicle accidents, especially those involving alcohol, resulting in injury or death is a major cause for concern for the National City Police Department and the National City community. National City is ranked third in the total of fatal and injury collisions. National City is ranked first in those c ollisions involving alcohol.

National City is ranked first in those drivers involved in the alcohol related collisions being le ss than 21 years old and first in the drivers involved in the alcohol related collisions being between the ages of 21 to 34.

National City is ranked first in motorcycle, pedestrian and composite related collisions where the victims are killed or injured. National City is ranked first in nighttime collisions resulting in fatality or injury and ranked third in hit and run collision resulting in fatality or injury. Comparatively the National City Police Department is ranked 97
th out of 106 cities in regards to DUI arrests, with 152 DUI arrests.

National City is a heavily saturated community with alcohol related business with both on and off sales locations. The City of National City is only a 9.1 square miles with 1.8 square miles being water. National City has 71 on sale ABC licenses issued to businesses in our city and 53 off sale ABC licenses issued to businesses in our city. The National City Police Department has noticed and documented increased crime rates around these alcohol related business es and crimes involving people coming and going from these business.

The National City Police Department has conducted several Minor Decoy Program operations, several Shoulder Tap Program operations, and IMPACT inspections in the past while also participating i n grants provided by ABC. If awarded with this grant, the National City Police Department’s grant would be run by myself, Sgt. Joseph Camacho, and the proacti ve enforcement team I supervise which focuses on stopping crime, criminal activity, and criminals before they can victimize a citizen . Managing this grant would aid and be aided by my collateral duty assignments which include being the National City Police Department’s officer in charge of monitoring all police regulated business es for the City of N ational City, evaluating and approving pending ABC licensed establishments intending to operate within National City and being the ABC Liaison Officer for the National City Police Department. The National City Police Department would use the grant funds t o perform an operation monthly. National City Police Department would perform a Minor Decoy Operation once per quarter (4), a Shoulder Tap operation once per quarter (4) and the remaining months (3) would be used for IMPACT inspections and follow ups.

NATIONAL CITY POLICE DEPARTMENT

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1200 National City Boulevard
National City, CA 91950
(619) 336-4411
www.nationalcitypd.org

The National City Police Department and I will work with the San Diego District Attorney’s Office to have an assigned District Attorney for our operations to ensure prosecution or consequence to violators attempting to further alcohol related harm to the National City community. The National City Police Department and I will also work with the community to gain their support and understanding of the National City Police Department’s goal to enhance community safety and reduce alcohol related harm to co mmunity members through the use of press releases and social media posts. If selected, the Nati onal City Police Department will issue a press release announcing the start of the program and issue a press release at the conclusion of each Minor Decoy operation and/or Shoulder Tap operation.

I believe this grant will be a great aid to the community and the safety of all the citizens of National City by granting the National City Police Department with additional police enforcement opportunities at the point of sales of alcohol to attempt to prevent alcohol related harm. It would also allow for the National City Police Department to provide educational opportunities to ABC licensee to also aid in the reduction of alcohol related harm.

On behalf of the Natio nal City Police Department and the National City Police Department Chief of Police, Jose Tellez, thank you for your time and consideration.

Respectfully,

Joseph Camacho
Sergeant #449
National City Police Department

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STATE OF CALIFORNIA — BUSINESS, CONSUMER SERVICES, AND HOUSING AGENCY Gavin Newsom, Governor

DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
(916) 419-2500

September 25, 2023

Sergeant Joseph Camacho
National City Police Department
1200 National City Blvd.

National City, CA 91950

Re: ABC-OTS Grant Program

Dear Sergeant Camacho:

Congratulations. Your agency has been selected to participate in the Department of Alcoholic Beverage Control’s ABC-OTS Grant Program. Funding for this project is provided by the Office of Traffic Safety through the National Highway Traffic Safety Administration.

We anticipate operations to begin upon completion of the one-day mandatory training class for your operations officer. Fiscal Officers will be contacted by our Fiscal Coordinator; Kristine Okino for training how to submit claims for reimbursement.

Since the grant starts October 1, 2023, you can make pre-paid travel arrangements on or after that date for your operations officer to attend the training. Pre-paid travel purchased prior to October 1st will not be reimbursed. The information regarding the date, location and authorized per diem rates are enclosed.

To expedite the issuance of your contract, please review and complete the enclosed ABC-OTS Grant Program Information Sheet. In addition, we will also need a resolution from your agency’s governing body. Since these resolutions must be put on calendar, we ask that you do so as soon as possible.

Please mail, fax, or email this information to our Grant Coordinator; Diana Fouts-Guter, at 3927 Lennane Drive, Suite 100, Sacramento, CA 95834, Fax: (916) 928-7625, or at Diana.fouts- [email protected].

If you have questions, please contact Supervising Agent Jeff Gregson via email at [email protected].

We appreciate your prompt response and look forward to working with your agency.

Sincerely,

Joseph McCullough
Chief Deputy Director

Enclosures

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Contract will be between: The Department of Alcoholic Beverage Control and The City of National City through the National City Police Department

Mailing Address: 1200 National City Blvd., National City, CA 91950

Funding Amount: $40,000

Authority to Sign Contract Name/Title: Chief Jose Tellez

Address if different from above: _____________________________________

Federal Tax ID Number: 956000749

Operations Officer: Attending Training (Circle)
YES/NO
Print Name: Sergeant Joseph Camacho

Telephone Number: (619)336-4436

Email Address: [email protected]

Fiscal Officer (responsible for preparing billings to ABC):

Print Name: Ronald Gutlay

Telephone Number: (619)336-4517

Email Address: [email protected]

RETURN COMPLETED FORM TO:

Diana Fouts-Guter
Grant Coordinator
Department of Alcoholic Beverage Control
3927 Lennane Drive, Suite #100
Sacramento, CA 95834
[email protected]
Fax: (916)928-7625
Office: (916)928-9807
State of California
Department of Alcoholic Beverage Control
ABC-OTS Grant Program Information Sheet

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2. The term of this Agreement is:

Page 34 of 368 ends

Agreement Number: 24-OTS112
City of National City through the National City Police Department

Page 1 of 3 ends

EXHIBIT A

SCOPE OF WORK

Purpose and Description of Services

Contractor agrees to implement the Department of Alcoholic Beverage Control programs as listed:

o Minor Decoy operations – designed to educate and deter licensed locations from selling/furnishing alcohol to minors and shall be conducted at both “On-Sale” and “Off-Sale” licensed establishments within the operation period of the grant.

o Shoulder Tap operations – used to detect and deter adult furnishers outside of a licensed business and shall be performed at “Off-Sale” licensed locations to apprehend adults that are unaffiliated with the licensed businesses who are purchasing alcohol for minors outside of the stores within the operation period of the grant.

o Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) Inspections – primary goal is to educate licensees on alcohol related laws to help reduce alcohol-related crime in and around licensed premises. Contractor agrees to conduct visits and inspections of licensed premises identifying areas of non-compliance at “On-Sale” and “Off-Sale” licensed locations within the operation period of the grant.

o Holiday Enforcement – This program consists of working general undercover and high-profile enforcement targeting underage drinking, sales/furnishing to minors, sales to obviously intoxicated patrons, and other related violations.

Holidays would be defined as Halloween (Oct 27-31), Thanksgiving (Nov 22-26), New Year’s Eve (Dec 31), St. Patrick’s Day (March 17), Cinco de Mayo (May 5), Memorial Day weekend (May 24-27) and 4
th of July (July 4). In order to help reduce youth involved fatal and/or injury crashes, the dates for Holiday Enforcement operations coincide with NHTSA/OTS AVOID Campaign dates, which have been determined as holidays with an influx number of DUI crashes.

The project is targeted to reduce underage drinking and the resultant DUI driving injuries and fatalities, and/or property damages, reduce youth access to alcoholic beverages through the education of licensee, enforcement intervention and the impressions of omnipresence of law enforcement.

In addition, contractor agrees to the following goals:

o Raise public awareness that selling, serving and/or furnishing alcoholic beverages to individuals under twenty-one years old is a criminal violation that will be prosecuted by local city and district attorneys.

o Establish and implement a coordinated effort between contractor and ABC, and acknowledges no operations will be conducted until after the contractor’s representative has completed training conducted by ABC.

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Agreement Number: 24-OTS112
City of National City through the National City Police Department

Page 2 of 3 ends

o Issue press releases as follows:

1. To announce the start of the program;

2. At the conclusion of each Minor Decoy Operation held (to announce the number of licensed premises who sold to the minor decoy)

3. At the conclusion of each Shoulder Tap Operation held (to announce the number of adults arrested for purchasing alcoholic beverages for the decoy).

4. At the conclusion of each IMPACT operation held

o Email each press release to the Department’s Public Information Officer ([email protected]) as soon as it is released.

o In all press releases, in addition to any credits the agency wishes to give, will include the following statement: “This project is part of the Department of Alcoholic Beverage Control’s Minor Decoy/Shoulder Tap Grant Project, funded by the California Office of Traffic Safety through the National Highway Traffic Safety Administration.”

o Complete and submit bi-monthly reports, in a format designed by the Department of Alcoholic Beverage Control due no later than 15 days after operations conducted:

On or before January 15, 2024 (with results of operations October, November & December 2023)
On or before March 15, 2024 (with results of operations January & February 2024) On or before May 16, 2024 (with results of operations March & April 2024) On or before July 15, 2024 (with results of operations May & June 2024) On or before September 16, 2024 (with results of operations July & August 2024)

o Submit an Executive Summary as part of the final report due on or before September 16, 2024. The summary shall contain the following:

1. An evaluation statement concerning the end product and cost benefits; and a listing of recommended and/or adopted policy or procedure changes, if any, occurring as a result of the project

2. Project personnel identifying the key personnel who worked on the project, together with their job classification, and a brief description of their contribution

3. Problems – describe any operational or cost problems that were encountered in project implementation. If known, state alternative methods that would have avoided the problem and increased the effectiveness of the project.

4. Results – describe the results of the project in terms of meeting the original objectives as stated in the project agreement. Also, describe the results in terms of how they will be specifically applied for future improvement of the agency’s continuing activities relating to alcohol problem prevention and enforcement. Where possible, describe estimated savings resulting from implementing project results.

5. Disclaimer – The final report shall include the following: “The opinions, findings, and conclusions expressed in this publication are those of the authors and not necessarily those of the State of California, Business, Consumer Services and Housing Agency, or the Department of Alcoholic Beverage Control.”

6. Documentation – Attach any relevant documents developed. Examples are new or revised forms, diagrams, management reports, photos, coding manuals, instructional manuals, etc.

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Agreement Number: 24-OTS112
City of National City through the National City Police Department

Page 3 of 3 ends

Contract Term

The operation period of the grant is October 1, 2023 through August 31, 2024.

Project Representatives

The project representatives during the term of this agreement will be:

National City Police Department
Joseph Camacho, Sgt.
1200 National City Blvd.

National City, CA 91950
(619) 336-4436
[email protected]
Department of Alcoholic Beverage Control
Diana Fouts-Guter, Grant Coordinator
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
(916) 928-9807
[email protected]

Direct all fiscal inquiries to:

National City Police Department
Ronald Gutlay
1200 National City Blvd.

National City, CA 91950
(619) 336-4517
[email protected]
Department of Alcoholic Beverage Control
Kristine Okino, Fiscal Grant Analyst
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
[email protected]

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Agreement Number: 24-OTS112
City of National City through the National City Police Department

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EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

Invoicing and Payment

• For services satisfactorily rendered and upon receipt and approval of the invoice, the Department of Alcoholic Beverage Control agrees to pay bi-monthly for approved reimbursable costs per the Budget Detail of personnel overtime and benefits (actual cost).

• Invoices shall clearly reference this contract number (24-OTS112) and must not exceed the contract total authorized amount of $40,000.00. Invoices are to be submitted on a bi-monthly basis, on the prescribed form designed by the Department of Alcoholic Beverage Control.

Submit to: Department of Alcoholic Beverage Control
Attn: Kristine Okino, Grants Fiscal Analyst
3927 Lennane Drive, Suite 100
Sacramento, California 95834

• This grant is only for overtime compensation and travel for training on October 17, 2023 only.

• In accordance with State of CA travel policy, agencies are eligible to receive reimbursement for travel expenses incurred for training on October 17, 2023. https://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx

• Payment shall be made in arrears within 45 days from the receipt of an undisputed invoice.

• Contractor understands in order to be eligible for reimbursement; cost must be incurred on or after the effective date of the project, October 1, 2023 and on or before the project termination date, August 31, 2024.

• Contractor understands any other costs incurred by contractor, other than attendance at initial training and/or personnel overtime and benefits as authorized above, in the performance of this agreement are the sole responsibility of contractor.

Budget Contingency Clause

• It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this agreement does not appropriate sufficient funds for the program, this agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to contractor or to furnish any other considerations under this agreement and contractor shall not be obligated to perform any provisions of this agreement.

• If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this agreement with no liability occurring to the State, or offer an agreement amendment to contractor to reflect the reduced amount.

Prompt Payment Clause

• Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

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Agreement Number: 24-OTS112
City of National City through the National City Police Department

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EXHIBIT C

GENERAL TERMS AND CONDITIONS

1. APPROVAL: This agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.

2. AMENDMENT: No amendment or variation of the terms of this agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or agreement not incorporated in the agreement is binding on any of the parties.

3. ASSIGNMENT: This agreement is not assignable by the contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.

4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this agreement.

Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by contractor in the performance of this agreement.

6. DISPUTES: Contractor shall continue with the responsibilities under this agreement during any dispute.

7. TERMINATION FOR CAUSE: The State may terminate this agreement and be relieved of any payments should the contractor fail to perform the requirements of this agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the contractor under this agreement and the balance, if any, shall be paid to the contractor upon demand.

8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of contractor, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of the State.

9. RECYCLING CERTIFICATION: The contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209.

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Agreement Number: 24-OTS112
City of National City through the National City Police Department

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With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).

10. NON-DISCRIMINATION CLAUSE: During the performance of this agreement, contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article.

Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2,§11105.)

Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the agreement.

11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this agreement by this reference as if attached hereto.

12. TIMELINESS: Time is of the essence in this agreement.

13. COMPENSATION: The consideration to be paid contractor, as provided herein, shall be in compensation for all of contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.

14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

15. ANTITRUST CLAIMS: The contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the contractor shall comply with the requirements of the Government Codes Sections set out below.

a. The Government Code Chapter on Antitrust claims contains the following definitions:

1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.

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Agreement Number: 24-OTS112
City of National City through the National City Police Department

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2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.

b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.

c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.

d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.

16. CHILD SUPPORT COMPLIANCE ACT: For any agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:

a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and

b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

17. UNENFORCEABLE PROVISION: In the event that any provision of this agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this agreement have force and effect and shall not be affected thereby.

18. PRIORITY HIRING CONSIDERATIONS: If this contract includes services in excess of $200,000, the contractor shall give priority consideration in filling vacancies in positions funded by the contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.

19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:

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Agreement Number: 24-OTS112
City of National City through the National City Police Department

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a. If for this contract contractor made a commitment to achieve small business participation, then contractor must within 60 days of receiving final payment under this contract (or within such other time period as may be specified elsewhere in this contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt.

Code § 14841.)

b. If for this contract contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then contractor must within 60 days of receiving final payment under this contract (or within such other time period as may be specified elsewhere in this contract) certify in a report to the awarding department: (1) the total amount the prime contractor received under the contract; (2) the name and address of the DVBE(s) that participated in the performance of the contract; (3) the amount each DVBE received from the prime contractor; (4) that all payments under the contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)

20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)

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Agreement Number: 24-OTS112
City of National City through the National City Police Department

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EXHIBIT D

SPECIAL TERMS AND CONDITIONS

Disputes: Any disputes concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Director, Department of Alcoholic Beverage Control, or designee, who shall reduce his decision in writing and mail or otherwise furnish a copy thereof to the contractor. The decision of the Department shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the contractor mails or otherwise furnishes to the State a written appeal addressed to the Director of the Department of Alcoholic Beverage Control. The decision of the Director of Alcoholic Beverage Control or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal.

Pending final decision of a dispute hereunder, contractor shall proceed diligently with the performance of the contract and in accordance with the decision of the State.

Cancellation/Termination: This agreement may be cancelled or terminated without cause by either party by giving thirty (30) calendar days advance written notice to the other party. Such notification shall state the effective date of termination or cancellation and include any final performance and/or payment/invoicing instructions/requirements. No penalty shall accrue to either party because of contract termination.

Contractor Certifications: By signing this agreement, contractor certifies compliance with the provisions of CCC 04/2017, Standard Contractor Certification Clauses. This document may be viewed at:
https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List- Folder/Standard-Contract-Language

If the State determines that the grant project is not achieving its goals and objectives on schedule, funding may be reduced by the State to reflect this lower level of project activity.

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RESOLUTION NO. 2023 -

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

AUTHORIZING THE ACCEPTANCE OF THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL’S MINOR DECOY/SHOULDER TAP GRANT PROJECT FUNDS IN THE AMOUNT OF $40,000.00, FUNDED BY THE CALIFORNIA OFFICE OF TRAFFIC SAFETY THROUGH

THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, AND AUTHORIZING THE ESTABLISHMENT OF A FISCAL YEAR 2024 APPROPRIATION AND CORRESPONDING REVENUE BUDGET IN THE AMOUNT OF $40,000.

WHEREAS, the Department of Alcoholic Beverage Control (ABC), sponsored by the Office of Traffic Safety (OTS), through the National Highway Traffic Safety (NHTSA) , requested applications from local law enforcement agencies for the awarding of up to $40,000 as part of an ABC-OTS Local Law Enforcement Grant (the “Grant”) to be utilized towards Minor Decoy Program operations, Shoulder Tap Program operations, IMPACT Program operations and Holiday Enforcement operations; and
WHEREAS, the National City Police Department submitted an ap plication to ABC to be considered for this Grant; and
WHEREAS, ABC selected and awarded the National City Police Department (NCPD) with $40,000 as part of the Grant; and
WHEREAS, NCPD will utilize the Grant as follows: (a) performing Minor Decoy Program operations; (b) performing Shoulder Tap Program operations ; (c) performing IMPACT Program operations; and (d) performing Holiday Enforcement operations.

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 acceptance of the Department of Alcoholic Beverage Control’s Minor Decoy/Shoulder Tap Grant Project in the amount of $40,000, funded by the California Office of Traffic Safe ty through the National Highway Traffic Safety Administration.

Section 2: That the City Council authorizes the establishment of a Fiscal Year 2024 appropriation and a corresponding revenue budget in the amount of $40,000.

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 7th day of November, 2023

Ron Morrison, Mayor
ATTEST:

Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

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AGENDA REPORT

Department: Engineering
Prepared by: Tirza Gonzales, Operations Manager
Meeting Date: Tuesday, November 7, 2023
Approved by: Ben Martinez, Interim City Manager

SUBJECT:

Accepting a Caltrans Sustainable Transportation Planning Grant for the National City Sustainable Mobility Plan (SMP)

RECOMMENDATION:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) A ccepting a California Department of Transportation (Caltrans), Division of Transportation Planning, Sustainable Transportation Planning Grant in the Amount of $422,918; 2) Authorizing the City Manager to Execute the Grant Agreement and any Amendments Thereto with Caltrans for the National City Sustainable Mobility Plan; 3) Authorizing the E stablishment of an Engineering Grants Fund Appropriation of $422,918 and Corresponding Revenue Budget; and 4) Committing to Providing a Local Match of $54,795.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

On March 8, 2023, the Engineering and Public Works Department submitted a grant application for a California Department of Transportation (Caltrans), Division of Transportation Planning, Sustainable Transportation Planning Grant . The National City (NC) Sustainable Mobility Plan (SMP) will identify, coordinate, and prioritize Complete Streets and Active Transportation projects for improving the City’s multimodal system through transparent and robust stakeholder engagement with a keen focus on hard-to-reach community members. The SMP will work to meet the regional transportation strategies of SANDAG's Regional Plan (combined Regional Transportation Plan (RTP), Sustainable Communities Strategy (SCS) and Comprehensive Plan) that comply with state and federal mandates, including an SCS, per SB 375 to achieve Greenhouse Gas (GHG) emission reduction targets of the California Air Resources Board, in compliance with federal civil rights requirements of Title VI, and environmental justice considerations, air quality conformity, and public participation process.

The SMP will address concerns raised by residents over the years, regarding an imbalance in the City's analysis as much of the recent plannin g efforts over the last decade have focused on the westside near Downtown National City. The SMP will implement an equitable approach to prioritizing projects that focuses on safety enhancements for vulnerable pedestrian users groups, bicyclists and underserved areas of the community. Establishing a Citywide multi-modal mobility network will improve access for all residents, regardless of age, abilities or socioeconomic status, to work, school, recreation, and resources in a manner that will reduce reliance on automobiles, reduce greenhouse gas emissions, encourage mode shift, and supply new opportunities to advance equity and environmental justice.

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The SMP will coordinate existing sustainable transportation plans utilizing a new database and criteria for prioritizing the implementation of projects, as well as the incorporation of new projects identified through the planning process. The creation of the SMP will involve a citywide existing conditions assessment and gap analysis, comprehensive collision anal ysis to identify safety countermeasures, robust stakeholder involvement in the development of prioritization criteria, and equitable approach to project prioritization.

On August 31, 2023, staff was notified by Caltrans that the City of National City had been awarded state funding for the National City Sustainable Mobility Plan in the amount of $422,918, which requires a local match of $54,795, resulting in a total proj ect cost of $477,713. Matching funds are available from existing appropriations in the Traffic Safety Enhancements infrastructure project. Following authorization of the City Council , a Restricted Grant Agreement must be executed with Caltrans in early 2024. Planning efforts are projected to start in Spring of 2024 .

The final plan needs to be completed prior to the grant expiration deadline of April 30, 2026.

Staff recommends authorizing the Resolution as stated.

FINANCIAL STATEMENT:

Revenue Account 296-06618-3436 (State STP Grant Revenues) $422,918 Expenditure Account 296-409-500-598-6618 (State STP Grant Expenditures) $422,918 Local Match 001-409-500-598-6573 (Traffic Safety Enhancements) $54,795

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Transportation Choices and Infrastructure

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 – Grant Award Letter
Exhibit B – Resolution

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“Provide a s
afe and reliable transportation network that serves all people and respects the environment”

DIVISION OF TRANSPORTATION P LANNING
P.O. BOX 942873 , MS–32 SACRAMENTO, C A 94273–0001
(916) 261-3326 | TTY 711
www.dot.ca.gov
August 31, 2023te

SENT VIA E-MAIL
On behalf of the California Department of Transportation (Caltrans), Division of Transportation Planning, we are pleased to congratulate you on your Sustainable Transportation Planning Grant award.

Sustainable Transportation Planning Grant Program
Grant Award
Fiscal Year
Grant
Category
Grant Fund
Source
Project Title
Grantee/Agency
Executive Director
Grantee/Agency
Contact
Sub-Recipient(s)
Caltrans District
Contact(s)
Caltrans District
Contact(s) E-mail
Grant Award Local Match
(Cash)
Local Match
(In-Kind)
Total
Local Match
%
Local Match
Total
Project Cost
Conditions of Award Due to Caltrans Grant Expiration Date Final Invoice Due * The final contractually agreed upon L ocal Match and Fund Source are located on the Grant Application Cover Sheet and Project Cost and Schedule. Any change in Local Match that increases/decreases the Total Project Cost m ust be approved by Caltrans and may require a Formal Amendment. Each invoice must include the contractu al/agreed upon local match % - any deviation to this amount requires an approved Tapered Local Match A mendment prior to invoice submittal. Any change to the Local Match Fund Source requires prior Caltrans approval and an Administrative Amendment. 2023-24
Sustainable Communities Competitive
SHA
National City Sustainable Mobility Plan
City of National City
Roberto N. Yano
Roberto N. Yano
Jacob Burkholder
[email protected]
$422,918
$54,795
$0
$54,795

11.47%
$477,713
9/28/23
4/30/26
6/29/26

EXHIBIT A

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Caltrans Sustainable Transportation Planning Grant Program Grant Award

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“Provide a safe and reliable transportation network that serves all people and respects the environment” Next Steps

1. The Caltrans District Grant Manager will schedule a Conditional Award Meeting with your agency soon.
 The attached specific and general conditions and project revisions necessary to accept grant funding will be discussed at this meeting.

2. The required conditions must be submitted to the Caltrans District Grant Manager no later than the date listed in the table above.
 Failure to satisfy these conditions will result in the forfeiture of grant funds.

3. The Caltrans District Grant Manager will review and approve all items required to fulfill the attached specific and general conditions.

4. Once the required conditions are m et and the agreement is executed, the Caltrans District Grant Manager will:
 Send a Notice to Proceed letter (for MPO/RTPAs, this will happen after the OWP/OWPA formal amendment is processed). Grant work cannot begin until the Notice to Proceed letter is received by your agency.  Coordinate and schedule a grant kick-off meeting with your agency.

If y
ou have questions concerning your Conditional Grant Award, please reach out to your Caltrans District contact listed in the table above.

Sinc
erely,
ERI

N THOMPSON
Chief, Office of Regional and Community Planning
Attachments:

Specific and General Conditions

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Sustainable Transportation Planning Grant Program
Grant Award Specific and General Conditions

Specific Conditions
If Specific Conditions have been identified for this grant, they will be listed below.

Please make all necessary revisions to the Grant Application Cover Sheet, Scope of Work (SOW), and/or the Cost and Schedule, and complete the right column to indicate where the specific conditions were addressed.

Specific Conditions
Conditions Addressed
List Document,
Section & Page(s)

2. Scope of Work Introduction: Explain how these efforts tie to Caltrans Complete Streets or Smart Mobility Framework.1.

Scope of Work Introduction: Add reference state active transportation policies, goals, and plans.3. Identify the authorized signer(s) and email address(s) for the grant agreement that will be routed via Adobe Acrobat Sign.

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Specific Conditions
Conditions Addressed
List Document,
Section & Page(s)

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General Conditions
Please review the General Conditions below and complete them, as necessary. Most of these items are outlined in the Grant Application Guide, Ch. 6 and Appendix B. • Board Resolution – A current (less than one year old) Local Board Resolution, signed by the governing board that includes the grant project title and job title of the person authorized to enter into a contract with Caltrans, is required to be submitted to Caltrans by October 15, 2023.
• Payee Data Record (STD. 204) states government entities are not required to submit the form; however, it is required by Caltrans Accounting to ensure payments are sent to the correct recipient and address.
• Scope of Work (SOW) and Project Cost and Schedule (Refer to Grant Application Guide, Appendix B Checklists) These are frequently missed requirements:
o Project Management stand-alone tasks, staff and/or consultant coordination are not allowed. Project Management activities must be charged to the tasks in which they accrued.
o Include tasks for a kick-off meeting with Caltrans, invoicing, quarterly reporting, and Board adoption or acceptance.
o Ensure the deliverable for the consultant procurement task includes: Request for Proposal (RFP), executed consultant contract, and a copy of your agency’s procurement procedures.
o The earliest project start date is January 2, 2024
, with an end date of April 30, 2026. The
Project Cost and Schedule will need be updated to reflect your proposed start date.

At least one Task must extend to the grant expiration date on April 30, 2026. o Indirect Costs - For Local Government Agencies requesting to bill for indirect costs:

Indirect costs must be identified in the SOW and Project Cost and Schedule, and the indirect cost rate included at the bottom of the Project Cost and Schedule. • Grant Application Cover Sheet and Project Cost and Schedule o Ensure the grant award, local match, and total project costs are consistent with the award letter amounts.
• Grant Application Cover Sheet - Must identify the specific source of cash and in-kind local match funds; and must identify the agency providing the local match. o If your agency is using staff time as a cash match, the application cover sheet must identify the source of local match funds for staff time (e.g., General Fund). o Direct grantee staff time is not an allowable in-kind match and must be identified as cash match.
• Third Party In-Kind Valuation Plan, if applicable - Third-party in-kind contributions consist of goods and services donated from outside the grantee’s agency (e.g., printing, facilities, interpreters, equipment, advertising, staff time, and other goods or services). If utilizing third- party in-kind contributions to satisfy the local match requirement:
o Ensure in-kind contribution information is identified on the Grant Application Cover Sheet and Project Cost and Schedule.

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o To clarify, sub-recipient staff time, if reimbursed, is considered cash match. If donating their time, it is considered in-kind.
o Submit a Third-Party In-kind Valuation Plan. The District can provide a copy of the valuation plan checklist and template.
• Ensure Consistency - All changes made to the Grant Application Cover Sheet, SOW, and Project Cost and Schedule are made consistently in all documents.

Grant Administrative Requirements
Refer to the Grant Application Guide, Ch. 6, and the Restricted Grant Agreement boilerplate for a detailed overview of the Grant Administrative Requirements that must be adhered to over the life of the project. In summary:
• Third Party Contracts - Competitive consultant procurement, i.e., Request for Proposals (RFP) is required for all grant projects
o If there is a consultant on-board, ensure the process to procure the consultant was a competitive process (documentation must be provided to Caltrans); the grant work must have been part of the original RFP
o If using an on-call consultant list, the process for establishing the list must be competitive and less than five years old (documentation must be provided to Caltrans) o If the consultant helped to prepare the Project Scope of Work or grant application, they shall not be considered in the consultant procurement • Quarterly Reporting – Quarterly Progress Reports (a narrative of completed project activities) are submitted on a quarterly basis
• Invoicing and Financial Requirements –
o Maintain a proper accounting system (MS Excel is unacceptable) o Request for Reimbursements/invoices (RFRs) at least quarterly, but no more than monthly
 One-time, lump sum invoices are not allowed
 If requesting reimbursement of indirect costs, a copy of the ICAP/ICRP acceptance letter must be submitted with the first invoice
 Local match commitments must be satisfied with every RFR/invoice, including any local match amount above the minimum amount. If you are unable to meet this commitment, coordinate with your district Contract Manager.  All work must be completed by April 30, 2026.
 Final RFR/invoice and the final product are due no later than June 29, 2026.  T
he final RFR/invoice will not be processed without the final product o An Indirect Cost Allocation Plan/Indirect Cost Rate Proposal (ICAP/ICRP) must be submitted each year to the Inspector General Independent Office of Audits and Investigations for approval. Instructions for submitting an ICAP/ICRP are available at the following webpage: https://ig.dot.ca.gov/resources
• Grant Amendments - Proposed changes to the Grant Application Cover Sheet, SOW, and Project Cost and Schedule (e.g., local match amount, fund source, movement of funds) will require an Amendment and Caltrans approval. Please contact Caltrans for guidance on this process.

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RESOLUTION NO. 2023 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1)

ACCEPTING A CALIFORN IA DEPARTMENT OF TRA NSPORTATION (CALTRAN S),

DIVISION OF TRANSPOR TATION PLANNING, SUS TAINABLE TRANSPORTAT ION PLANNING GRANT IN THE AMOUNT OF $422,918; 2) AUTHORIZING THE CITY MANAGER

TO EXECUTE THE GRANT AGREEMENT AND ANY AM ENDMENTS THERETO WIT H CALTRANS FOR THE NATIONAL CITY SUSTAINABLE MOBILITY PLAN; 3) AUTHORIZING

THE ESTABLISHMENT OF AN ENGINEERING GRANT S FUND APPROPRIATI ON OF $422,918 AND CORRESP ONDING REVENUE BUDGE T; AND 4) COMMITTING TO PROVIDING A LOCAL MATCH OF $54,795.

WHEREAS, the Engineering & Public Works Department submitted a grant application for a California Department of Transportation ( “Caltrans”), Division of Transportation Planning, Sustainable Transportation Planning Grant (the “Grant”) for the National City Sustainable Mobility Plan (the “Plan”) and was subsequently awarded state funding for the Plan in the amount of $422,918, which requires a local match of $54,795, resulting in a total project cost of $477,713; and

WHEREAS, the City of National City is eligible to receive Federal and/or State funding for certain transportation planning-related plans through Caltrans; and

WHEREAS, the local match requirement is available through existing appropriations in the Traffic Safety Enhancements infrastructure project; and

WHEREAS, the Grant requires that a Restricted Grant Agreement (the “Agreement”) with Caltrans be executed before such funds can be reimbursed through the Grant; and

WHEREAS, City staff recommends delegating authority to execute the Agreement and any amendments thereto to the City Manager.

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 acceptance of a California Department of Transportation (Caltrans), Division of Transportation Planning, Sustainable Transportation Planning Grant in the amount of $422,918 and authorizes the City Manager to execute the grant agreement and any amendments thereto with Caltrans for the National City Sustainable Mobility Plan.

Section 2: That the City Council a uthorizes the establishment of an Engineering Grants Fund Appropriation of $422,918 and corresponding revenue budget.

Section 3: That the City Council authorizes to commit to providing a local match of $54,795.

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

Page 53 of 368 ends

PASSED and ADOPTED this 7th day of November, 2023.

Ron Morrison, Mayor

ATTEST:

Shelley Chapel, MMC, City Clerk

APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

Page 54 of 368 ends

AGENDA REPORT

Department: Administrative Services - Human Resources Prepared by: Molly Brennan, Administrative Services Director Meeting Date: Tuesday, November 7, 2023
Approved by: Ben Martinez, Interim City Manager

SUBJECT:

Acting Assignment Policy

RECOMMENDATION:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Adopting a City Administrative Policy on Acting Assignments.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

The City has had an Acting Assignments A dministrative Policy since 2012. Acting Assignments occur when an employee is temporarily assigned the duties of a higher classification during periods of temporary vacancy. Employees working in an officially recognized acting assignment receive additional compensation for assuming the duties and responsibilities of the higher classification. Currently, the salary compensation is 5% of base salary for the first six months of the acting assignment and 10% of base salary if the appointment exceeds six months.

Recently, CalPERS contacted City staff to inform us that in order for Acting Assignment pay to be pensionable, as in part of the employee’s pension contribution and calculation, the compensation needs to be approved through a resolution of the City’s governing body.

In addition to approving the policy at the City Council level for CalPERS reasons, staff recommends adjusting the compensation amount for man agement employees placed in an executive-level acting assignment. There is typically a 10 -20% pay differential between management and executive-level classifications. Providing a manager a 5% salary increase to take responsibility for directing an entire department, along with often continuing the responsibilities of their management-level position, is not fair compensation for services provided.

To promote career growth and equit ably compensate leadership within the organization, staff recommends providing up to 15% of base salary for managers assigned as acting executives, beginning the first day of the acting assignment. The exact percentage will be at the discretion of the City Manager and it shal l not exceed 15% of base salary. The current 5% and 10% salary rates will continue for all other acting assignments. The proposed change is reflected as Salary Part 3 in the full policy included as Exhibit A.

FINANCIAL STATEMENT:

The salary and benefit savings of the staff vacancy offset the cost of the acting assignment pay.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Not Applicable

Page 55 of 368 ends

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 – Acting Assignment Policy
Exhibit B - Resolution

Page 56 of 368 ends

Check one: New Update X Delete

TITLE: City Administrative Manual
SUBJECT: Acting Assignments
VOLUME NO. 1 I PAGE NO. 1 OF 3 INSTRUCTION NO. 04.12
CITY MANAGER:

Approval:

EFFECTIVE
DATE: 02/14/12

REVISION
DATE: 11/7/23

PURPOSE

The purpose of this policy is to establish a process for te mporarily assigning an employee to perform the duties of a higher classification during periods of temporary vacancy caused by factors including but not limited to illness, vacations and separation.

Acting assignments provide operationally for the continuation of services in the best interest of the agency and the community it serves. Acting assignments also provide an opportunity for employee enrichment and development.

POLICY

The po1icy contained herein is applicable to all acting assignments (the higher classification identified for temporary assignment) except in such case where the acting assignment classification is represented by an employee labor association that is gover ned by a Memorandum of Understanding (MOU) between the association and the City. In such cases, the MOU shall prevail if it includes provisions for such an acting assignment.

Employees serving in an acting assignment will not g ain any permanent rights to the position.

However, time served in an acting assignment may be applied as qualifying experience for the purpose of meeting the minimum qualifications for open and/or promotional recru itment processes.

RESPONSIBILITY

It is the responsibility of each department director to ensure that this policy is adhered to. It is the responsibility of the Human Resources Director to verify that all requests for acting assignments meet the conditions established by this policy prior to approval, including adherence to duration.

PROCEDURE

Eligibility

1. For positions in classified service, the conditions, criteria and duration shall be governed by Civil Service Rule.

2. For positions that are exempted from classified service, the decision to allow an acting assignment and the establishment of duration of assignment shall be that of the City Manager or his/her designee.

Page 57 of 368 ends

TITLE: City Administrative Manual
SUBJECT: Acting Assignments
VOLUME NO. 1 I PAGE NO. 2 OF 3 INSTRUCTION NO. 04.12
CITY MANAGER:

Approval:

EFFECTIVE
DATE: 2/14/12

REVISION
DATE:. 11/7/23
Compensation

Employees working in an officially recognized acting assignment shall receive additional compensation for assuming the duties and responsibilities of the higher classification and shall continue to receive the compensation for the duration of the assignmen t. Compensation for acting assignments shall be as follows:

A. Salary

1. An amount equal to 5% above the base salary of the employee assuming the acting assignment from the first day of the acting assignment, for a period of up to six months or the end of the acti ng assignment, whichever comes first.

2. An amount equal to 10% above the base salary of the employee assuming the acting assignment effective at six months and one day of the qualifying acting assi gnment, for the duration of the assignment.

3. For Management assigned as an acting Executive, an amount up to 15% above the base salary of the Management employee assigned as an acting Executive, from the first day of the acting assignment through the du ration of the assignment. The City Manager will determine the exact percentage of compensation provided, with a minimum of 5% and a maximum of 15%.

B. Benefits

If an acting assignment exceeds or is anticipated to exceed a period of three months, the City Manager, at his/her discretion, may grant the acting employee the benefits package, or portions thereof, provided to the higher classification as outlined the City's approved compensation plan. Eligible benefits include, but may not be limited to, leave accrual formulas, health care contributions and other special compensation (i.e. auto allowance). In no case shall an employee in an acting assignment be provided a lesser benefit than that of his/her permanent classification.

Any increase in benefits granted in association with the acting assignment shall be terminated concurrent with the termination of the acting assignment .

Approvals

Requests for acting assignments must be approved in advance by the City Manager or his/her designee. If at such time as the acting assignment becomes eligible for compensation, a request for such compensation must be submitted in writing by the department with the acting assignment on the City's pr escribed Personnel Action Form.

Continuation of Assignment

1. Acting assignments may be discontinued at any time at the discretion of the

Page 58 of 368 ends

TITLE: City Administrative Manual
SUBJECT: Acting Assignments
VOLUME NO. 1 I PAGE NO. 3 OF 3 INSTRUCTION NO. 04.12
CITY MANAGER:

Approval:

EFFECTIVE
DATE: 2/14/12

REVISION
DATE: 11/7/23

No such request shall be processed until such form is submitted with the proper signatory approvals.

Continuation of Assignment

1. Acting assignments may be discontinued at any time at the discretion of the City Manager or designee or at the request of the acting employee.

2. Failure to perform the duties of the acting assignment at a satisfactory level shall result in the employee being removed from the acting assignment and returned to his/her current permanently held position. Any increase in salary or benefits granted in association with the acting assignment shall be terminated concurrent with the termination of the acting assignment with no other adverse consequences.

3. Failure to comply with employee rules of conduct may result in the employee being removed from the acting assignment (including a termination of acting assignment compensation) and/or disciplined in a manner consistent with applicable City policies and procedures.

Page 59 of 368 ends

RESOLUTION NO. 2023 -

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

ADOPTING A CITY ADMINISTRATIVE POLICY ON ACTING ASSIGNMENTS

WHEREAS, the City of National City has an administrative policy regarding acting assignments; and

WHEREAS, acting assignments occur when an employee is temporarily assigned the duties of a higher classification during periods of temporary vacancy; and WHEREAS, employees working in an officially recognized acting assignment receive additional compensation for assuming the duties and responsibilities of the higher classification ; and
WHEREAS, the legislative body of the agency is required to approve compensation in order for it to be included as pensionable for CalPERS; and WHEREAS, the salary compensation for an acting assignment is 5% of base salary for the first six months of the acting assignment and 10% of base salary if the appointment exceeds six months; and
WHEREAS, for managers assigned an executive level acting appointment, the salary compensation is up to 15% of base salary, beginning the first day of the acting assignment; and WHEREAS, the City Manager will determine the exact percentage of compensation provided to managers in an executive level acting assignment, with a minimum of 5% and a maximum of 15%.

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 adoption of the Acting Assignments Administrative Policy attached as Exhibit A.

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 7th day of November, 2023.

Ron Morrison, Mayor
ATTEST:

Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

Page 60 of 368 ends

AGENDA REPORT

Department: Housing Authority
Prepared by: Greg Rose, Property Agent
Meeting Date: Tuesday, November 7, 2023
Approved by: Ben Martinez, Interim City Manager

SUBJECT:

Affordable Housing Density Bonus Agreement for 2704 East 18th Street

RECOMMENDATION:

Adopt the Resolution Entitled “Resolution of the City Council of the City of National City, California, Approving an Affordable Housing Density Bonus Agreement and Related Documents with 2704 18th, LLC, a California Limited Liability Company, and Restricting the Rent and Occupancy of Two Units to L ow-Income Households in Exchange for Four Incentives Pursuant to California Government Code Sections 65915 – 65918 for the Development of Nine Housing Units Located at 2704 East 18th Street in National City.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:
2704 18th, LLC ( “Developer”), a California Limited Liability Company, would like to build a 9 - unit project at 2704 E 18th Street. The Developer can build nine (9) units by right and proposes restricting two (2) units as low -income in exchange for four incentives, pursuant to California Government Code Section 65915 -65918. The incentives are 1) Parking ratio reduction of 0.5 spaces per unit for a total of seven (7) parking spaces provided; 2) Reduction of common open space requirement from four hundred (400) square feet to t hree hundred (300) square feet; 3) Remove private open spac e requirements for the project; and 4) Remove storage space requirements for residential units.

The Planning Division approved the four incentives for the Affordable Density Housing Bonus Agreement (“Agreement;” Exhibit “B”). The Agreement will memorialize the Developer’s obligation to restrict the affordable units for 55 years. A Performance Deed of Trust (Exhibit “C”) and a Subordination Agreement (Exhibit “D”) will be recorded to secure the Agreement on the property.

Information on the Density Bonus Program can be found in the Background Information (Exhibit “A”) and on the City’s website, www.nationalcityca.gov, under Asset Management.

FINANCIAL STATEMENT:

The developer will be paying all City fees associated with the construction of this project. Upon completion, it will add to the p roperty tax base for the City. The Housing Authority will collect an annual monitoring fee of $215.00 per affordable unit.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Housing and Community Development

Page 61 of 368 ends

ENVIRONMENTAL REVIEW:

This is not a project under CEQA and is therefore not subject to environmental review. CCR 15378; 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- Background Information
Exhibit B- Density Bonus Agreement
Exhibit C- Deed of Trust
Exhibit D- Subordination Agreement
Exhibit E -Resolution

Page 62 of 368 ends

BACKGROUND REPORT
California’s Density Bonus Law is a mechanism which allows developers to obtain more favorable local development requirements in exchange for offering to build or donate land for affordable or senior units. The Density Bonus Law (found in California Government Code Sections 65915 – 65918) provides developers with powerful tools to encourage the development of affordable and senior housing, including up to a 50% increase in project densities, depending on the amount of affordable housing provided. The Density Bonus Law is about more than the density bonus itself, however. It is actually a larger package of incentives intended to help make the development of affordable and senior housing economically feasible. Other tools include reduced parking requirements, and incentives and concessions such as reduced setback and minimum square footage requirements. Often these other tools are even more helpful to project economics than the density bonus itself, particularly the special parking benefits. Sometimes these incentives are sufficient to make the project pencil out, but for other projects financial assistance is necessary to make the project feasible.

In determining whether a development project would benefit from becoming a density bonus project, developers also need to be aware that:
 The Density Bonus is a state mandate. A developer who meets the requirements of the state law is entitled to receive the density bonus and other benefits as a matter of right. As with any state mandate, some local governments will resist complying with the state requirement. But many local governments favor the density bonus as a helpful tool to cut through their own land use requirements and local political issues.
 Use of a density bonus may be particularly helpful in those jurisdictions that impose inclusionary housing requirements for new developments.
 Special development bonuses are available for developers of commercial projects who partner with affordable housing developers to provide onsite or offsite affordable housing. Special bonuses are also available for condominium conversion projects and projects that include child care facilities.
 The Legislature has recently added density bonuses for housing developments for foster youth, disabled veterans, homeless persons and college students.

Cities and counties are required to grant a density bonus and other incentives or concessions to housing projects which contain one of the following:
• At least 5% of the housing units are restricted to very low income residents. • At least 10% of the housing units are restricted to lower income residents. • At least 10% of the housing units in a for-sale common interest development are restricted to moderate income residents.
• At least 10% of the housing units are for transitional foster youth, disabled veterans or homeless persons, with rents restricted at the very low income level. • At least 20% of the housing units are for low income college students in housing dedicated for full-time students at accredited colleges.
• The project donates at least one acre of land to the city or county for very low income units, and the land has the appropriate general plan designation, zoning, permits and approvals, and access to public facilities needed for such housing.
• The project is a senior citizen housing development (no affordable units required).

Page 63 of 368 ends

• The project is a mobile home park age-restricted to senior citizens (no affordable units required).

Affordable rental units must be restricted by an agreement which sets maximum incomes and rents for those units. As of January 1, 2015, the income and rent restrictions must remain in place for a 55 year term for very low or lower income units. Rents must be restricted as follows:
• For very low income units, rents may not exceed 30% x 50% of the area median income for a household size suitable for the unit.
• For lower income units, rents may not exceed 30% x 80% of the area median income for a household size suitable for the unit.
• Area median income is determined annually by regulation of the California Department of Housing and Community Development, based upon median income regulations adopted by the U.S. Department of Housing and Urban Development.
• Rents must include a reasonable utility allowance.
• Household size appropriate to the unit means 1 for a studio unit, 2 for a one bedroom unit, 3 for a two bedroom unit, 4 for a three bedroom unit, etc. In many cases, achieving a reduction in parking requirements may be more valuable than the additional permitted units.

The Density Bonus Law is often used by developers to obtain more housing than the local jurisdiction would ordinarily permit, it can also be a helpful land use tool. The density bonus can provide a useful mechanism for increasing allowable density without requiring local officials to approve general plan amendments and zoning changes. A project that satisfies the requirements of the Density Bonus Law often can obtain the necessary land use approvals through the award of the density bonus units and requested concessions and incentives, without having to amend the underlying land use requirements.

Although there is no specific density bonus exemption from the California Environmental Quality Act, many density bonus projects are likely candidates for urban infill and affordable housing exemptions from CEQA. One commonly invoked exemption is the Class 32 urban infill exemption found in CEQA Guidelines Section 15332. That exemption is available if the project is consistent with applicable general plan designation and zoning, the site is five acres or less and surrounded by urban uses, is not habitat for endangered, rare or threatened species, does not have any significant effects relating to traffic, noise, air quality or water quality, and is adequately served by utilities and public services. Other exemptions are available for high density housing projects near major transit stops (CEQA Guidelines Section 15195) and affordable housing projects of up to 100 units (CEQA Guidelines Section 15194).

Developer incentives are(1) Parking ratio reduction of 0.5 spaces per unit for a total of 7 parking spaces provided. 2) Reduction of common open space requirement from four hundred (400) square feet to three hundred (300) square feet. 3) Remove private open space requirements for the project. 80% Area Median Income Limits for National City effective May 13, 2023 Family Size 1 2 3 4 5 6 7 8
$77,200 $88,200 $99,250 $110,250 $119,100 $127,900 $136,750 $145,550 The site plans for the apartment project at 2704 E 18th Street start on the following page.

Page 64 of 368 ends

PROJECT INFO
Any reproduction of these drawings is prohibited without written consent of Arch5 Design Studio. All dimensions and conditions on job site shall be verified prior to beginning of construction and shall immediately report any and all discrepancies to Designer. 2825 Dewey Road
Bldg 202, Unit 207
San Diego, CA 92106
Phone: 619.546.9670

REVISIONS

DESCRIPTION
DATE
Bid Issue Date:

Date:

Scale:

Project No.

Sheet Title:

TBD

AS NOTED
-
Sheet No.:
7/25/22
PC1 SUBMITTAL
06/19/23
3/16/23
PC2 SUBMITTAL

1. PROPERLY COMPLETED AND SIGNED CERTIFICATES OF INSTALLATION (CF2R FORMS) SHALL

BE PROVIDED TO THE INSPECTOR IN THE FIELD FOR PROJECTS REQUIRING HERS VERIFICATION, THE CF2R FORMS SHALL BE REGISTERED WITH A CALIFORNIA-APPROVED HERS PROVIDER DATA REGISTRY.

2. PROPERLY COMPLETED CERTIFICATES OF VERIFICATION (CF3R FORMS) SHALL BE PROVIDED TO THE INSPECTOR IN THE FIELD FOR ITEMS REQUIRING HERS VERIFICATION. CF3R FORMS SHALL BE REGISTERED WITH A CALIFORNIA-APPROVED HERS PROVIDER DATA REGISTRY.

3. A MECHANICAL EXHAUST VENTILATION VENTILATION SYSTEM, SUPPLY VENTILATION SYSTEM,

OR COMBINATION THEREOF SHALL BE INSTALLED FOR EACH DWELLING UNIT TO PROVIDE

WHOLE-BUILDING VENTILATION WITH OUTDOOR AIR IN COMPLIANCE WITH ASHRAE STANDARD

62.2 AS ADOPTED BY THE CALIFORNIA ENERGY COMMISSION.

4. AN INTERMITTENTLY OR CONTINUOUSLY OPERATING LOCAL MECHANICAL EXHAUST

VENTILATION SYSTEM SHALL BE INSTALLED IN EACH BATHROOM WITH A BATHTUB, SHOWER, OR

SIMILAR MOISTURE SOURCE AND IN EACH KITCHEN IN COMPLIANCE WITH ASHRAE STANDARD

62.2 AS ADOPTED BY BY THE CALIFORNIA ENERGY COMMISSION. INTERMITTENT LOCAL EXHAUST VENTILATION AIRFLOW RATES SHALL BE 50 CFM IN BATHROOMS AND 100 CFM IN KITCHENS. CONTINUOUS LOCAL EXHAUST VENTILATION AIRFLOW RATES SHALL BE 20 CFM IN BATHROOMS AND 5 AIR CHANGES PER HOUR IN KITCHENS BASED ON KITCHEN VOLUME.

VICINITY MAP

INDEX OF DRAWINGS

PROJECT DATA

ABBREVIATIONS

GRAPHIC SYMBOLS

SCOPE OF WORK

VICINITY MAP

NOT TO SCALE
ARCH5 DESIGN STUDIO
2825 DEWEY ROAD, UNIT 207
SAN DIEGO, CA 92106
TEL: (858) 336-4556
CONTACT: RACHELLE DOMINGO-ROGERS

PROJECT DIRECTORY
2704 E. 18TH STREET
NATIONAL CITY, CA 91950
TEL: (619) 504-9312
CONTACT: JUSTIN ISAAC
OWNER

J&B ENGINEERS, SURVEYORS
13670 DANIELSON STREET, SUITE G
POWAY, CA 92064
TEL: (858) 513-1741
CONTACT: FELIPE MANINANG
CIVIL

ENGINEER

HTK STRUCTURAL ENGINEERS
14288 DANIELSON STREET, SUITE 200
POWAY, CA 92064
TEL: (858) 679-8989
CONTACT: HELMAND KUSHKAKI

STRUCTURAL

ENGINEER

MECHANICAL/

PRO ENGINEERING
CONSULTING, INC.
2712 LOKER AVENUE WEST #1063
TEL: (858) 240-9960
CONTACT: RAMIN PARSI, EPE

ELECTRICAL

ENGINEER

PLUMBING

ENGINEER

UNIT DIMISING WALLS
:
1-HOUR (SEE SHEETS A1.0 THRU A1.2 )

BASED ON FIRE SEPERATION DISTANCE
:

EXTERIOR WALLS:
1-HOUR (SEE SHEETS A0.2 THRU A0.3)

EXTERIOR WALLS ON EAST FACING

PORTION OF THE NEW BUILDING
C.B.C. AREA CALCULATIONS

FIRE RATED ASSEMBLIES &

SEPARATIONS

DEFERRED SUBMITTAL

1. THE DEFERRED SUBMITTAL ITEMS SHALL BE SUBMITTED TO THE ARCHITECT OR ENGINEER

OF RECORD

WHO SHALL REVIEW THEM INDICATING THAT THE DEFERRED SUBMITTAL DOCUMENTS HAVE BEEN REVIEWED

AND THAT THEY HAVE BEEN FOUND TO BE IN GENERAL CONFORMANCE WITH THE DESIGN OF THE BUILDING(S). THE DEFERRED SUBMITTAL ITEMS SHALL NOT BE INSTALLED UNTIL THEIR DESIGN AND SUBMITTAL DOCUMENTS HAVE BEEN APPROVED BY THE BUILDING OFFICIAL. GENERAL CONTRACTOR TO PROCESS ANY DEFERRED SUBMITTALS WITH THE GOVERNING AGENCY TO OBTAIN APPROVAL AND PERMITS.

2. PLANS FOR THE DEFERRED SUBMITTAL ITEMS SHALL BE SUBMITTED IN A TIMELY MANNER THAT ALLOWS A MINIMUM OF 30 WORKING DAYS FOR INITIAL PLAN REVIEW. ALL COMMENTS RELATED TO THE DEFERRED

SUBMITTAL MUST BE ADDRESSED TO THE SATISFACTION OF THE PLAN CHECK DIVISION PRIOR TO APPROVAL OF THE SUBMITTAL ITEMS.

3. IT IS UNDERSTOOD THAT PLANS FOR THE PROJECT HAVE AT THIS TIME, BEEN REVIEWED FOR COMPLIANCE

WITH THE EXCEPTION OF THE DEFERRED ITMENS LISTED

4. I/WE UNDERSTAND THAT I/WE WILL NOT BE AUTHORIZED ANY INSPECTION OF THE DEFERRED ITEMS

PROPOSED PRIOR TO THE SUBMITTAL AND APPROVAL OF PLANS AND/OR CALCULATIONS FOR THOSE DEFERRED ITEMS.

5. THE DEFERED SUBMITTAL ITEMS SHALL NOT BE INSTALLED UNTIL THEIR DESIGN AND SUBMITTAL DOCUMENTS HAVE BEEN APPROVED BY THE BUILDING OFFICIAL.

6. THE REGISTERED AND RESPONSIBLE DESIGN PROFESSIONAL SHALL REVIEW THE DEFFERED SUBMITTAL

DOCUMENTS AND SUBMIT THEM TO THE BUILDING OFFICAIL, WITH ANNOTATION INDICATING THAT THE

DEFERRED SUBMITTAL DOCUMENTS HAVE BEEN REVIEWED AND FOUND TO BE IN GENERAL CONFORMANCE TO THE DESIGN OF THE BUILDING.

TYPE

DEFERRED

SUBMITTAL

SEPARATE
PERMIT

AUTOMATIC FIRE SPRINKLER SYSTEM
YES
NO
NFPA 13R (NEW STRUCTURE)

REQUIRED SPECIAL FEATURES

FEATURE(S) THAT MUST BE INSTALLED AS CONDITION FOR MEETING THE MODELED ENERGY PERFORMANCE:
- DUCTS WITH HIGH LEVEL OF INSULATION
GEI, GEOTECHNICAL EXPLORATION, INC.
7420 TRADE STREET
SAN DIEGO, CA 92121
TEL: (858) 549-7222
CONTACT: CATHY GANZE

GEOTECHNICAL

ENGINEER

CODE SUMMARY

AFFORDABLE HOUSING

LANDSCAPE LOGIC
4455 MORENA BLVD, SUITE 110
SAN DIEGO, CA 92117
TEL: (619) 446-6482
CONTACT: TONY VITALE

LANDSCAPE

DESIGNER

PROJECT DENSITY

INCENTIVE REQUESTS

FIRE / SMOKE ALARM SYSTEM
YES
NO

UNIT AREA ANALYSIS
UNIT 1
1-BED/ 1-BATH
535 sf
UNIT 2
STUDIO/ 2-BATH
358 sf
UNIT 3
STUDIO/ 1-BATH
410 sf
UNIT 4
2-BED/ 2-BATH
1,203 sf
UNIT 5
2-BED/ 2-BATH
830 sf
UNIT 6
2-BED/ 2-BATH
937 sf
UNIT 7
2-BED/ 2-BATH
985 sf
UNIT 8
2-BED/ 2-BATH
715 sf
UNIT 9
2-BED/ 2-BATH
860 sf

LOCATION

AREA (SF)

DIMENSION

OPEN COURTYARD
300

OPEN SPACE AREA ANALYSIS
CONSTRUCTION TYPE:

TYPE VB (R-2 OCCUPANCY)
TYPE VB (S-2 OCCUPANCY)
OCCUPANCY GROUP:

R-2
(PRIVATELY OWNED & FUNDED )
S-2

COVERED PARKING GROUND FLOOR
SPRINKLERS:

YES - NFPA 13R
(CBC 903.3.1.1)
"SEE ACTUAL ALLOWABLE AREA" BELOW"

BASIC ALLOWABLE AREA
PER FLOOR:
7,000 sf (R-2) (S13R PER CBC 506.2)
(BASIC PER CBC 2019)
13,500 sf (S-2) (NS PER CBC 506.2)
BUILDING AREA :

EXISTING DETACHED DWELLING UNIT 'A' (R-3)
717 sf
EXISTING DETACHED DWELLING UNIT 'B' (R-3)
862 sf
1,579 sf
GROUND FLOOR (R-2):

NEW DWELLING UNIT's
1,293 sf

NEW LAUNDRY ROOM
143 sf
NEW W.H & ELECT ROOMS
59 sf
TOTAL GROUND FLOOR (R-2)
1,495 sf
GROUND FLOOR (S-2):

COVERED PARKING AREA
1,665 sf
TOTAL GROUND FLOOR (S-2)
1,665 sf
TOTAL GROUND FLOOR AREA (R-2 + S-2)
3,160 sf
SECOND FLOOR (R-2):

NEW DWELLING UNIT's
2,974 sf

EGRESS BALCONY / STAIRS
454 sf

TOTAL SECOND FLOOR

3,428 sf

THIRD FLOOR
(R-2)
NEW DWELLING UNIT's
2,554 sf

EGRESS BALCONY / STAIRS
349 sf

TOTAL SECOND FLOOR

2,903 s
f
TOTAL BLDG. AREA:
9,312 sf
ACTUAL ALLOWABLE AREA CALCULATIONS: (SEPARATED OCCUPANCIES) (PER CBC 506.2.2)
GROUND FLOOR:

R-2 = 0.45 < 1.0
(3,160 SF* / 7,000 SF)
S-2 = 0.23 < 1.0
(3,160 SF* / 13,500 SF)
*AREA SUM OF R-2 + S-2 OCCUPANCIES
2ND & 3RD FLOOR:

SINGLE OCCUPANCY
(R-2)
3,428 SF < 7,000 SF PER FLOOR
CBC BASIC ALLOWABLE HEIGHT:
40 FT / 3 STORIES (R-2) (S13R PER CBC 504.4)
N.A / 2 STORIES (S-2) (NS PER CBC 504.4)
ACTUAL HEIGHT & NO. STORIES:

34.63 FT / 3 STORIES
13 FT x 28 FT. (+/-)

PRO ENGINEERING
CONSULTING, INC.
2712 LOKER AVENUE WEST #1063
TEL: (858) 240-9960
CONTACT: RAMIN PARSI, EPE
SITE:
2704 E. 18TH
E. 18TH STREEET
EUCLID AVE.

LA SIESTA WAY

PROJECT

MANAGER/

DESIGNER

WAIVER/REDUCTION REQUESTS

ELECTRIC VEHICLE (EV) CHARGING STATION)

PHOTOVOLTAIC SYSTEM
YES
NO
YES
NO
1st FLOOR
2nd FLOOR
3rd FLOOR

Page 65 of 368 ends

S
18TH STREET
LOT 271
LOT 270
LOT 269

SIESTA WAY

NO PARKINGVAN
SHADED AREA INDICATES LIMITS OF NEW 3-STORY BUILDING
6'-4"
24'-0"2-WAY DRIVE AISLE
12'-0"BACK UP
18'-0"TYP.
7'-6"
8'-1012"
9'-6"TYP. 5'-0"
9'-0"TYP. 9'-6"TYP.
9'-0"MIN8'-0"MIN.
3'-0"MIN.
9'-0"MIN.9'-0"MIN.
4'-712"6'-8"
12'-4"5'-0"11'-7"
1 2 3 4 5
EXISTING HOUSE "B"
EXISTING HOUSE "A"
6PARKING
UP
7 SHARED OPEN YARD / PATIO SPACE
3 4
5 6 7
7 77
89 10
1111
11 11 11
12 14
16 4'-3" 171718
19 20
15 2
1GAS
16 21
PROPOSED 3 -STORY BUILDINGDWELLING UNITS 1 - 9FF = 143.53 PROPOSEDLAUNDRY ROOMFF = 143.40
30"TYP.22(TYP. OF 7)6"
3'-0"MIN.23
(EV SPACE)39'-0"MIN.

DETECTABLE WARNING SURFACEA0.0

SITE PLAN
Any reproduction of these drawings is prohibited without written consent of Arch5 Design Studio. All dimensions and conditions on job site shall be verified prior to beginning of construction and shall immediately report any and all discrepancies to Designer. 2704 - 2710 E. 18TH STREET
2825 Dewey RoadBldg 202, Unit 207San Diego, CA 92106Phone: 619.546.9670

REVISIONSDESCRIPTIONDATE
Bid Issue Date:Date:Scale:Project No.Sheet Title:

TBDAS NOTED-
Sheet No.:

NATIONAL CITY, CA 91950
7/25/22PC1 SUBMITTAL06/19/233/16/23PC2 SUBMITTAL
Roberto S DomingoNo. C29118EFORPDERETSIGERS REENIGNELANOISS

TATEOFCALIFORNIACIVIL

SITE PLAN
SCALE: 1" = 10'-0"1

SITE PLAN KEYNOTESNEW GAS METER LOCATION - SEE PLUMBING DRAWINGS

LIMITS OF NEW BUILDING

LANDSCAPE AREA EXISTING & NEWNEW CONCRETE PAVERS

EXISTING DWELLING UNIT TO REMAIN

SITE PLAN LEGEND
12345
ELECTRICAL SERVICENEW WATER BACKFLOW PREVENTOR PER CIVIL PLANS (SHEET C3)NEW SECURITY PEDESTRIAN GATE AND FENCING6NEW TRASH / RECYCLING ENCLOSURE PER SHEET T1.77PROPOSED CMU RETAINING WALL 8NEW WATER METER PER CIVIL PLANS (SHEET C3)9NEW WATER SERVICE PER CIVIL PLANS (SHEET C3)

ELECTRIC VEHICLE CHARGING SPACE (EV SPACE)

HARDSCAPE AREA EXISTING & NEW
1011
1314WATER HEATER CLOSET15
EX. BUILDING LIMITS OF DEMOLITION.SEE DEMO. SITE PLAN FOR MORE INFORMATION 16"INTERNATIONAL SYMBOL OF ACCESSIBILITY" SIGN INDICATING DIRECTION OF ACCESSIBLE BUILDING ENTRY

INDICATES ACCESSIBLE PATH OF TRAVEL TO GROUND FLOOR UNIT ENTRY DOOR ANDTHROUGHOUT UNIT AND ALL ROOMS NEW SEWER LATERAL W/ CLEANOUT PER CIVIL PLANS AND ROW PERMIT1718NEW FIRE SERVICE PER CIVIL PLANS (SHEET C3)1920APPROX. LOCATION OF EXISTING HOSE BIBBS LINE OF BUILDING FLOORS ABOVEAPPROX. LOCATION OF ROOF DOWNSPOUTS

CONCRETE WALKWAYCOVERED CARPORT PARKINGSTAIR ACCESS TO UPPER FLOORS

SITE PLAN PLAN NORTH
21NEW GAS SERVICE PER CIVIL PLANS (SHEET C3)
NOTES:1.ALL PROPERTY LINES, EASEMENTS AND BUILDINGS,EXISTING AND PROPOSED, ARE SHOWN ON THIS SITE PLAN.2.SURFACE WATER WILL DRAIN AWAY FROM BUILDING. THEGRADE SHALL FALL A MINIMUM OF 5% WITHIN THE FIRST10 FEET (2% FOR IMPERVIOUS SURFACES). SECTION 1804.4SCALE: AS NOTED2WHEELSTOP 22NEW WHEELSTOP, SEE DETAIL: 2/A0.0
INDICATES PATH OF EXIT DISCHARGE UNTILOCCUPANTS REACH THE PUBLIC RIGHT OF WAY.SEE SHEET A0.2 FOR ADDITIONAL INFO 12NEW 1-BICYCLE STORAGE/SECURITY RACK23NEW TRUNCATED DOMES, SEE DETAIL: 3/A0.0

NEW DETECTABLE WARNING (TRUNCATED DOMES)
SCALE: 3" = 1'-0"3DETECTABLE WARNING SURFACE
- REFER TO EV GENERAL NOTES ON THIS SHEET FOR ADDITIONAL INFO EV PARKING GENERAL NOTES1 . WHERE COMMON USE PARKING IS PROVIDED AT LEAST ONE EV SPACE SHALL BE LOCATED IN THE COMMON USE PARKING AREA AND SHALL BE AVAILABLE FOR USE BY ALL RESIDENTS (4.106.4.2.1)2. WHEN EV CHARGERS ARE INSTALLED, EV SPACES REQUIRED BY SECTION 4.106.4.2.2, ITEM 3, SHALL COMPLY WITH AT LEAST ON OF THE FOLLOWING OPTIONS:a.THE EV SPACE SHALL BE LOCATED ADJACENT TO AN ACCESSIBLE PARKING SPACE MEETING THE REQUIREMENTS OF THE CALIFORNIA BUILDING CODE, CHAPTER 11A, TO ALLOW USE OF THEEV CHARGER FROM THE ACCESSIBLE PARKING SPACE.b.THE EV SPACE SHALL BE LOCATED ON AN ACCESSIBLE ROUTE, AS DEFINED IN THE CALIFORNIA BUILDING CODE, CHAPTER 2, TO THE BUILDING.EXCEPTION: ELECTRIC VEHICLE CHARGING STATIONS DESIGNED AND CONSTRUCTED IN COMPLIANCE WITH THE CALIFORNIA BUILDING CODE, CHAPTER 11B, ARE NOT REQUIRED TO COMPLY WITH SECTION 4.106.4.2.1.1 AND SECTION 4.106.4.2.2, ITEM 3NOTE: ELECTRIC VEHICLE CHARGING STATIONS SERVING PUBLIC HOUSING ARE REQUIRED TO COMPLY WITH THE CALIFORNIA BUILDING CODE, CHAPTER 11B.3. EV SPACES SHALL BE DESIGNED TO COMPLY WITH THE FOLLOWING DIMENSION REQUIREMENTS:a.THE MINIMUM LENGTH OF EACH EV SPACE SHALL BE 18 FEETb.THE MINIMUM WIDTH OF EACH EV SPACE SHALL BE 9 FEETc.ONE IN EVERY 25 EV SPACES, BUT NOT LESS THAN ONE, SHALL ALSO HAVE AN 8-FOOT WIDE MINIMUM AISLE. A 5-FOOT (1524 mm) WIDE MINIMUM AISLE SHALL BE PERMITTED PROVIDEDTHE MINIMUM WIDTH OF THE EV SPACE IS 12 FEET.i) SURFACE SLOPE FOR THIS EV SPACE AND THE AISLE SHALL NOT EXCEED 1 UNIT VERTICAL IN 48 UNITS HORIZONTAL (2.083 PERCENT SLOPE) IN ANY DIRECTION.4 . WHEN A SINGLE EV SPACE IS REQUIRED, THE EV SPACE SHALL BE DESIGNED IN ACCORDANCE WITH SECTION 4.106.4.2.3.45 . WHEN MULTIPLE EV SPACES ARE REQUIRED, THE EV SPACES SHALL BE DESIGNED IN ACCORDANCE WITH SECTION 4.106.4.2.4.46 . THE SERVICE PANELS OR SUBPANELS SHALL BE IDENTIFIED IN ACCORDANCE WITH SECTION 4.106.4.2.5

Page 66 of 368 ends

1 1.0

3.0 A.1 B C D

2.0 4.0

1.0 3.02.0
A.3 B.1 C.1 C.3

4.0 AA3.0
BA3.0
2A2.0
3A2.1
1A2.0
LAUNDRY ROOM142 SF
ELEC. GEAR
UNIT #11 BEDROOM / 1 BATH535 SFUNIT #2STUDIO / 1 BATH358 SF UNIT #3STUDIO / 1 BATH410 SF4A2.1 UP

1.1 1.1
A B C DA.2
C.2
C.1C.2

0.1 FA3.2
EA3.2 DA3.1
CA3.1

KITCHEN

BATHROOMBATHROOM

BATHROOM
BEDROOMLIVING 1
23 6 6 6
7 7 7
10 10
10 11
11 1112
12 12
8 88
1313
1315
1516
16 16
19 19 19 W1
W2
W3 03A
03C
03B
02A
02C
02B01B
01A
00B
01C01D
00A
1 W4.1
1AD.11-HR SEPARATION
15 03D
1817 17 17
FE9FE9
FE9
FE9
FOR ENLARGEDSTAIR PLAN SEE 1/A6.0
FORENLARGEDBATHROOMPLANS SEESHEET T1.4FOR ENLARGED KITCHENPLANS SEE SHEET T1.5 30AD.3ADA THRESHOLD.TYP.44AD.3
14 TYP.
01E
02D
05 05
30AD.3ADA THRESHOLD.TYP.44AD.3
30AD.3ADA THRESHOLD.TYP.44AD.330AD.3ADA THRESHOLD.TYP.44AD.330AD.3ADA THRESHOLD.TYP.44AD.3 01F
4 A1.0
AND LAUNDRY ROOMUNITS 1, 2, & 3GROUNDFLOOR PLAN
Any reproduction of these drawings is prohibited without written consent of Arch5 Design Studio. All dimensions and conditions on job site shall be verified prior to beginning of construction and shall immediately report any and all discrepancies to Designer. 2704 - 2710 E. 18TH STREET
2825 Dewey RoadBldg 202, Unit 207San Diego, CA 92106Phone: 619.546.9670

REVISIONSDESCRIPTIONDATE
Bid Issue Date:Date:Scale:Project No.Sheet Title:

TBDAS NOTED-
Sheet No.:

NATIONAL CITY, CA 91950
7/25/22PC1 SUBMITTAL06/19/233/16/23PC2 SUBMITTAL
Roberto S DomingoNo. C29118EFORPDERETSIGERS REENIGNELANOISS

TATEOFCALIFORNIACIVIL
GROUND FLOOR PLAN - UNITS 1,2 & 3 AND LAUNDRY ROOMPLAN NORTHSCALE: 1/4" = 1'-0"1 ALL PLYWOOD AT DECKS SHALL BE EXTERIOR GRADE WITH A MINIUM THICKNESS CONFORMING TO SPECIFICATIONS OF WATERPROOFINGMANUFACTURE & STRUCTURAL REQUIREMENTS (WHICHEVER IS LARGER). EDGES MUST BE T&G AND/OR BLOCKED. OSB IS PROHIBITED.PLYWOOD SHOULD BE PROPERLY GAPPED AND DEFECTS SHOULD BE FILLED WITH MANUFACTURE APPROVED MATERIAL. TAPE ALLJOINTS AS REQUIRED.FASTEN DECK PLYWOOD WITH CORROSION-RESISTANT FASTENERS THAT RESIST EXTRACTION. SCREWS, SCREW SHANK NAILS AND RINGSHANK NAILS SHOULD BE DRIVEN FLUSH TO PLYWOOD SURFACE.SHEET METAL SHOULD BE BONDERIZED OR ACID ETCHED FOR ADHESIONAND SHOULD COMPLY WITH SMACNA STANDARDS.FLASHING AT INSIDE AND OUTSIDE CORNERS SHALL HAVE A MINIMUM 4 INCH OVERLAP OF ALL FLASHING COMPONENTS SET IN A BED OFSEALANT AT THE WALL AND DECK FLANGES.PERIMETER FLASHING SHALL BE INSTALLED OVER A CONTINUOS BEAD OF SEALANT TO THE SUBFLOOR OR BASE LAYER OF WATERPROOFCOATING SYSTEM AND UNDER ALL SUBSEQUENT LAYERS.FINISHED DECK SURFACES AND/OR SUBSTRATE (PER STRUCTURAL) MUST SLOPE 1/4" PER FOOT MINIMUM TOWARD DRAIN WHENCONSTRUCTED OVER HABITABLE SPACE OR PER MANUFACTURE REQUIREMENTS.DECK DOOR THRESHOLD FLASHING PAN SHOULD LAP OVER THE DECK SHEET METAL AND HAVE A CONTINUOUS SEALANT BETWEEN THETWO FLASHING SYSTEMS. FASTNER PENETRATIONS ARE PROHIBITED FOR THE HORIZONTAL PAN SURFACE.

DECK WATERPROOFING REQUIREMENTS1.2.3.45.6.7.8.WHERE WALL TILES ARE INSTALLED IN TUB & SHOWER COMPARTMENTS, ONLY FIBER-CEMENT, FIBER-MAT REINFORCED CEMENTITIOUS BACKER UNITS, GLASS MATGYPSUM BACKERS OR FIBER-REINFORCED GYPSUM BACKERS SHALL BE USED PER CBC 2509.2TUB AND SHOWER SPACES WITH SHOWER HEADS SHALL HAVE WALLS FINISHED WITH A NONABSORBANT SURFACE TO A HIEGHT OF NOT LESS THAN 6 FEET (72") ABOVETHE FLOOR TUB & SHOWER BACKER REQUIREMENTS1.2.

FLOOR PLAN GENERAL NOTES1.GENERAL CONTRACTOR TO FIELD VERIFY ALL EXISTING AND UNDERGROUND AND ABOVE GROUNDUTILITIES.2.CONTRACTOR TO PROVIDE NEW ELECTRICAL, MECHANICAL AND PLUMBING.3.CONTRACTOR TO FIELD VERIFY ALL NEW AND EXISTING WALLS PRIOR TO MILLWORK FABRICATION.4.ALL APPLIANCES TO BE PROVIDED BY OWNER AND COORDINATED WITH GC / MILLWORK SUB.5.ALL INTERIOR FINISHES TO BE SPECIFIED / PROVIDED BY OWNER.6.EXHAUST DUCTS AND DRYER VENTS SHALL BE EQUIPPED WITH BACK-DRAFT DAMPERS.

FLOOR PLAN KEYNOTES
ELECTRIC OVEN AND RANGE COMBINATION TO BE SELECTED BY OWNER.REFRIGERATOR / FREEZER COMBINATION TO BE SELECTED BY OWNER.KITCHEN SINK TO BE SELECTED BY OWNER. KITCHEN FAUCETS WITH A MAXIMUM FLOWOF 1.8 GPM SHOWER - PROVIDED/SELECTED BY OWNERLAVATORY W/ 22"D COUNTERTOP WITH A MAXIMUM FLOW OF 1.2 GALLONS PER MINUTE.CASEWORK AND COUNTERTOP MATERIAL TO BE SELECTED BY ARCHITECT. 16" DP. SHELF AND POLE PAINTED AND PRIMED
1234567891011121314
WATER CLOSET W/ MIN. CLEARANCE OF 30 INCHES WIDE (15 INCHES ON CENTER) AND 24INCHES IN FRONT. WATER CLOSET WITH A MAXIMUM FLOW OF 1.28 GALLONS PER FLUSH KITCHEN HOOD. SEE MECH. SHEETS FOR VENTILATION
1516
1-HOUR RATED UNIT SEPARATION WALLS. SEE DETAIL 2/AD.11.5" DIAMETER HANDRAIL MOUNTED TO GUARDRAIL POST NOT LESS THAN 34 INCHES ANDNOT MORE THAN 38 INCHES TO TOP OR RAIL FROM FINISH TREAD. HANDRAIL SHALL HAVEA MIN. CLEARANCE OF 1.5" FROM FINISH SURFACE OF WALL. SEE DETAIL 43/AD.348 INCH HIGH (FROM FINISH FLOOR) PAINTED STEEL EXTERIOR GUARDRAIL. OPENINGLIMITATIONS FOR GUARDRAIL MEMBERS SHALL NOT HAVE OPENINGS WHICH WOULD ALLOWTHE PASSAGE OF A SPHERE 4 INCHES IN DIAMETER FROM THE WALKING SURFACE TO THEREQUIRED GUARD HEIGHT. SEE DETAIL 29/AD.2ENTRY AWNING ABOVE NEW 1A:10B:C RATED FIRE EXTINGUISHER PER CBC 906KITCHEN CASEWORK AND APPLIANCE LAYOUT AND DESIGN TO BE SELECTED BYINTERIOR DESIGNER AND OWNER

WALL LEGEND

WATER HEATERS PER PLUMBING PLAN
"INTERNATIONAL SYMBOL OF ACCESSIBILITY" SIGN INDICATING DIRECTION OF ACCESSIBLEBUILDING ENTRY17ELECTRICAL GEAR AND METERS. SEE ELECTRICAL DRWG'S.18 ACCESSIBILITY LEGENDUNIT ACCESSIBLE KITCHEN REQUIREMENTS PER SHEET T1.5 & T1.6.UNIT ACCESSIBLE BATHROOM REQUIREMENTS PER SHEET T1.4 & T1.6.ALL DOORS ON THE GROUND FLOOR UNITS ALONG THE PATH OF TRAVEL TOEVERY ROOM SHALL COMPLY WITH THE CLEARANCE REQUIREMENTS SHOWNON PER SHEET T1.3 & T1.6.1.2.3.ALL UNIT ENTRY DOORS ON THE GROUND FLOOR UNITS SHALL COMPLY WITHTHE THRESHOLD REQUIREMENTS SHOWN ON SHEET T1.3 & T1.6.4.

ELECTRIC DOOR BUZZER / CHIME LOCATED A MAX. OF 48" ABOVE FINISH FLOOR &PERMANENTLY WIRED.19 NON-RATED 2x STUD FRAMED WALL (SEE STRUCTURAL FOR BEARINGREQUIREMENTS) FOR INTERIOR CONDITION SEE DETAIL 5/AD.1 FOR EXTERIORCONDITION SEE DETAIL 1/AD.1 (SIM.)1-HOUR UNIT SEPARATION DIMISING WALL(s) ASSEMBLY PER DETAIL 2/AD.11-HOUR EXTERIOR WALL(s) PER DETAIL 1/AD.1PER CBC TABLE 602 BASED ON "FIRE SEPARATION DISTANCE REQUIREMENT."PER CBC 1028.4.2 BASED ON EGRESS COURT LESS THAN 10 FT. WIDEPER CBC 708 BASED ON EGRESS BALCONY SEPARATION FROM INTERIOR.PER CBC TABLE 508.4 FIRE BARRIER SEPARATION.

INSULATION SCHEDULE
EXTERIOR WALLSBATT INSULATIONLOCATIONTYPER-19R-VALUEFULL CAVITY (2x6)REMARKSFLOOR/CEILINGBATT INSULATIONR-19FULL CAVITY (JOIST)ROOF/ATTICBATT INSULATIONR-19FULL CAVITY (JOISTS)(MIN) UNIT DIMISING WALLBATT INSULATIONR-19FULL CAVITY (JOISTS)PLUMBING WALLSBATT INSULATIONR-13 REFER TO T24 CALCULATION FOR MORE INFORMATION.
2-HOUR EXTERIOR WALL(s) PER DETAIL 4/AD.2PER CBC 1023.4 & 1023.5 WALL ADJACENT TO STAIRS.

FRONT LOADING CLOTHES WASHER AND DRYERS

Page 67 of 368 ends

UNIT #43 BEDROOM / 2 BATH1205 SF
UNIT #52 BEDROOM / 2 BATH830 SF
UNIT #62 BEDROOM / 2 BATH937 SF
UP
DN
B C DA

1.0 5.0

4.0 AA3.0
BA3.0

2.0 2A2.0
3A2.1
1A2.0
4A2.1
ROOF

EXIT STAIR

1.1 1.1
A B C DA.2 C.1
C.1
C.2
C.2

0.1 FA3.2
EA3.2 DA3.1
CA3.1
1/4" PER FOOT

4.0 1/4" PERFOOTMIN.ROOF

KITCHENKITCHEN

KITCHEN
BATHROOM 1BATHROOM 2BATHROOM 1BATHROOM 1 BATHROOM 2BATHROOM 2 BEDROOM 1BEDROOM 2BEDROOM 1BEDROOM 2BEDROOM 2BEDROOM 1
BEDROOM 3

LIVING DINING
LIVING
LIVING

DINING DINING
1 1
3 3 4
4 6 6 6 66 6 67 7 7 7 7 78 88 8 8 8
10 10
101111 111212 12
13 13
14 14 1415 15 15
16 16 16 16 1616 16
19 19
W5A
W6
W7W8
W9
W10
W11 W12 W13 W14 W15 W16
06A
06D06B06C06E
05A
05D05B05C05E
04A
04B
04F04D04C04E
1913
W5B
21 21
FE9 FE9 FE9
2122
04H 04G
04J
05F 05G 06F06G
W26
4 5
4 24
222 18
17 TYP. 2322FOR ENLARGEDSTAIR PLANSEE 2/A6.0

X X X X X XOOOOOO
Any reproduction of these drawings is prohibited without written consent of Arch5 Design Studio. All dimensions and conditions on job site shall be verified prior to beginning of construction and shall immediately report any and all discrepancies to Designer. 2704 - 2710 E. 18TH STREET
2825 Dewey RoadBldg 202, Unit 207San Diego, CA 92106Phone: 619.546.9670

REVISIONSDESCRIPTIONDATE
Bid Issue Date:Date:Scale:Project No.Sheet Title:

TBDAS NOTED-
Sheet No.:

NATIONAL CITY, CA 91950
7/25/22PC1 SUBMITTAL06/19/233/16/23PC2 SUBMITTAL
Roberto S DomingoNo. C29118EFORPDERETSIGERS REENIGNELANOISS

TATEOFCALIFORNIACIVIL
SECOND FLOOR PLAN - UNITS 4, 5 & 6PLAN NORTHSCALE: 1/4" = 1'-0"1 FIRE SEPERATION DISTANCESEE SHEET A0.2 & A0.3 FOR F.S.D. REQUIREMENTS A1.1
UNITS 4, 5 & 6SECONDFLOOR PLAN
FLOOR PLAN GENERAL NOTES1.GENERAL CONTRACTOR TO FIELD VERIFY ALL EXISTING AND UNDERGROUND AND ABOVE GROUNDUTILITIES.2.CONTRACTOR TO PROVIDE NEW ELECTRICAL, MECHANICAL AND PLUMBING.3.CONTRACTOR TO FIELD VERIFY ALL NEW AND EXISTING WALLS PRIOR TO MILLWORK FABRICATION.4.ALL APPLIANCES TO BE PROVIDED BY OWNER AND COORDINATED WITH GC / MILLWORK SUB.5.ALL INTERIOR FINISHES TO BE SPECIFIED / PROVIDED BY OWNER.6.EXHAUST DUCTS AND DRYER VENTS SHALL BE EQUIPPED WITH BACK-DRAFT DAMPERS.

FLOOR PLAN KEYNOTES
WALL LEGENDNON-RATED 2x STUD FRAMED WALL (SEE STRUCTURAL FOR BEARINGREQUIREMENTS) FOR INTERIOR CONDITION SEE DETAIL 5/AD.1 FOR EXTERIORCONDITION SEE DETAIL 1/AD.1 (SIM.)1-HOUR UNIT SEPARATION DIMISING WALL(s) ASSEMBLY PER DETAIL 3/AD.11-HOUR EXTERIOR WALL(s) PER DETAIL 1/AD.1PER CBC TABLE 602 BASED ON "FIRE SEPARATION DISTANCE REQUIREMENT."PER CBC 1028.4.2 BASED ON EGRESS COURT LESS THAN 10 FT. WIDEPER CBC 708 BASED ON EGRESS BALCONY SEPARATION FROM INTERIOR.

NOT USED.20
ELECTRIC OVEN AND RANGE COMBINATION TO BE SELECTED BY OWNER.REFRIGERATOR / FREEZER COMBINATION TO BE SELECTED BY OWNER.DISHWASHER TO BE SELECTED BY OWNER.KITCHEN SINK TO BE SELECTED BY OWNER. KITCHEN FAUCETS WITH A MAXIMUM FLOWOF 1.8 GPM TUB & SHOWER COMBO - PROVIDED/SELECTED BY OWNERLAVATORY W/ 22"D COUNTERTOP WITH A MAXIMUM FLOW OF 1.2 GALLONS PER MINUTE.CASEWORK AND COUNTERTOP MATERIAL TO BE SELECTED BY ARCHITECT. 16" DP. SHELF AND POLE PAINTED AND PRIMED
1234567891011121314
WATER CLOSET W/ MIN. CLEARANCE OF 30 INCHES WIDE (15 INCHES ON CENTER) AND 24INCHES IN FRONT. WATER CLOSET WITH A MAXIMUM FLOW OF 1.28 GALLONS PER FLUSH KITCHEN HOOD. SEE MECH. SHEETS FOR VENTILATION
1516
1-HOUR RATED UNIT SEPARATION WALLS. SEE DETAIL 2/AD.11.5" DIAMETER WALL MOUNTED HANDRAIL MOUNTED NOT LESS THAN 34 INCHES AND NOTMORE THAN 38 INCHES TO TOP OR RAIL FROM FINISH TREAD. HANDRAIL SHALL HAVE AMIN. CLEARANCE OF 1.5" FROM FINISH SURFACE OF WALL. SEE DETAIL 43/AD.348 INCH HIGH (FROM FINISH FLOOR) PAINTED STEEL EXTERIOR GUARDRAIL. OPENINGLIMITATIONS FOR GUARDRAIL MEMBERS SHALL NOT HAVE OPENINGS WHICH WOULD ALLOWTHE PASSAGE OF A SPHERE 4 INCHES IN DIAMETER FROM THE WALKING SURFACE TO THEREQUIRED GUARD HEIGHT. SEE DETAIL 29/AD.2

KITCHEN CASEWORK AND APPLIANCE LAYOUT AND DESIGN TO BE SELECTED BYINTERIOR DESIGNER AND OWNER

FUR WALL
NEW DECK DRAIN. SEE DETAIL 27/AD.2.172X8 WALL18ELECTRIC DOOR BUZZER / CHIME LOCATED A MAX. OF 48" ABOVE FINISH FLOOR &PERMANENTLY WIRED.19 NEW 1A:10B:C RATED FIRE EXTINGUISHER PER CBC 906
1/4":12" SLOPE (MAX.) AT EXIT BALCONY, TYPICAL.21
2-HOUR EXTERIOR WALL(s) PER DETAIL 4/AD.2

ENTRY AWNING BELOW
22ALUMINUM ROOF GUTTER23
MANUFACTURE:TYPE:APPROVALS:DEX-FLEX (BY DEX-O-TEX)MULTICOAT ELASTOMERIC WATERPROOF SYSTEMICC-ESR 5036 & 1714LAYERS (FROM PLYWOOD TO TOP SURFACE):1.DEX-O-TEX LATH MORTAR (3/16")2.20 MIL. BARRIER GUARD MEMBRANE3.20 MIL. BARRIER GUARD MEMBRANE w/ RP FABRIC4.RESISTITE PROTECTION COATS MULITCOAT5.AJ-44 XL SEALER - SLIP RESISTANT TEXTURE (COLOR, FINISH & FINAL TEXTURE SELECTED BY OWNER)

DECK WATERPROOF SYSTEM
SLOPE DIRECTION TOWARD DRAIN. MAX. SLOPE AT LEVEL LANDINGS SHALL NOTEXCEED 2% IN ANY DIRECTION. MAX. SLOPE IN ALL OTHER LOCATIONS SHALL NOTEXCEED 5% IN ANY DIRECTION CLASS 'A' ROOFING, FOR SPEC. SEE ROOF PLAN ON SHEET A1.324TRELLIS BELOW WINDOW LEGENDX = OPERABLE GLAZINGO = FIXED GLAZING

Page 68 of 368 ends

UNIT #72 BEDROOM / 2 BATH985 SF
UNIT #82 BEDROOM / 2 BATH715 SF
UNIT #92 BEDROOM / 2 BATH860 SF
DN
A B C DA.2
B C DA

1.0 5.04.1

1.0 5.04.1
AA3.0
BA3.0

2.0 FIRE RISER ROOMAND ROOF ACCESS43 SF
2A2.0
3A2.1
1A2.0
4A2.1

EXIT STAIR ONLEVEL BELOW

1.1 1.1
C.1
C.1
C.2
C.2

0.1 1/4" PERFOOTMIN. 4.2
FA3.2
EA3.2 DA3.1
CA3.1
1/4" PER FOOT
BATHROOM 1BATHROOM 1
BATHROOM 1
BATHROOM 2BATHROOM 2
BATHROOM 2
BEDROOM 1BEDROOM 1
BEDROOM 1
BEDROOM 2BEDROOM 2
BEDROOM 2 KITCHENKITCHEN

KITCHEN
LIVING
LIVING
LIVING
DINING
1/4" PER FOOT
1/4" PERFOOTMIN.

DN
1 1
34 6
6 6 6 6 6
7 7
7 7 7 7
8 8
8 8 8 8
10 10 10
11 11 1112 12 1213 13 1314
14 14
15 15 1516
16 16 1616 16
1919
19 W17
W18
W19A
W20
W21
W22 W23 W24 W25
01007A
09A08A
09E09C09B09D08D08C08B08E07E07C07B
07D
W19BW19CW19D
FE9
FE9FE9 21
20 2223
4 07F
07G 08F 08G09G 09F24
17 TYP.
4 FOR ENLARGEDSTAIR PLANSEE 2/A6.0
Any reproduction of these drawings is prohibited without written consent of Arch5 Design Studio. All dimensions and conditions on job site shall be verified prior to beginning of construction and shall immediately report any and all discrepancies to Designer. 2704 - 2710 E. 18TH STREET
2825 Dewey RoadBldg 202, Unit 207San Diego, CA 92106Phone: 619.546.9670

REVISIONSDESCRIPTIONDATE
Bid Issue Date:Date:Scale:Project No.Sheet Title:

TBDAS NOTED-
Sheet No.:

NATIONAL CITY, CA 91950
7/25/22PC1 SUBMITTAL06/19/233/16/23PC2 SUBMITTAL
Roberto S DomingoNo. C29118EFORPDERETSIGERS REENIGNELANOISS

TATEOFCALIFORNIACIVIL
THIRD FLOOR PLAN - UNITS 7, 8 & 9PLAN NORTHSCALE: 1/4" = 1'-0"1 FIRE SEPERATION DISTANCESEE SHEET A0.2 & A0.3 FOR F.S.D. REQUIREMENTS A1.2
UNITS 7, 8 & 9THIRDFLOOR PLAN
FLOOR PLAN GENERAL NOTES1.GENERAL CONTRACTOR TO FIELD VERIFY ALL EXISTING AND UNDERGROUND AND ABOVE GROUNDUTILITIES.2.CONTRACTOR TO PROVIDE NEW ELECTRICAL, MECHANICAL AND PLUMBING.3.CONTRACTOR TO FIELD VERIFY ALL NEW AND EXISTING WALLS PRIOR TO MILLWORK FABRICATION.4.ALL APPLIANCES TO BE PROVIDED BY OWNER AND COORDINATED WITH GC / MILLWORK SUB.5.ALL INTERIOR FINISHES TO BE SPECIFIED / PROVIDED BY OWNER.6.EXHAUST DUCTS AND DRYER VENTS SHALL BE EQUIPPED WITH BACK-DRAFT DAMPERS.

FLOOR PLAN KEYNOTES
WALL LEGENDNON-RATED 2x STUD FRAMED WALL (SEE STRUCTURAL FOR BEARINGREQUIREMENTS) FOR INTERIOR CONDITION SEE DETAIL 5/AD.1 FOR EXTERIORCONDITION SEE DETAIL 1/AD.1 (SIM.)1-HOUR UNIT SEPARATION DIMISING WALL(s) ASSEMBLY PER DETAIL 2/AD.11-HOUR EXTERIOR WALL(s) PER DETAIL 1/AD.1PER CBC TABLE 602 BASED ON "FIRE SEPARATION DISTANCE REQUIREMENT."PER CBC 1028.4.2 BASED ON EGRESS COURT LESS THAN 10 FT. WIDEPER CBC 708 BASED ON EGRESS BALCONY SEPARATION FROM INTERIOR.

PRE-MANUFACTURED ROOF ACCESS LADDER. CONTRACTOR TO VERIFY THE MAKE& MODEL COMPLIES WITH LOCAL REGULATIONS.20 ELECTRIC OVEN AND RANGE COMBINATION TO BE SELECTED BY OWNER.REFRIGERATOR / FREEZER COMBINATION TO BE SELECTED BY OWNER.DISHWASHER TO BE SELECTED BY OWNER.KITCHEN SINK TO BE SELECTED BY OWNER. KITCHEN FAUCETS WITH A MAXIMUM FLOWOF 1.8 GPM TUB & SHOWER COMBO - PROVIDED/SELECTED BY OWNERLAVATORY W/ 22"D COUNTERTOP WITH A MAXIMUM FLOW OF 1.2 GALLONS PER MINUTE.CASEWORK AND COUNTERTOP MATERIAL TO BE SELECTED BY ARCHITECT. 16" DP. SHELF AND POLE PAINTED AND PRIMED
1234567891011121314
WATER CLOSET W/ MIN. CLEARANCE OF 30 INCHES WIDE (15 INCHES ON CENTER) AND 24INCHES IN FRONT. WATER CLOSET WITH A MAXIMUM FLOW OF 1.28 GALLONS PER FLUSH KITCHEN HOOD. SEE MECH. SHEETS FOR VENTILATION
1516
1-HOUR RATED UNIT SEPARATION WALLS. SEE DETAIL 2/AD.11.5" DIAMETER HANDRAIL MOUNTED TO GUARDRAIL POST NOT LESS THAN 34 INCHES ANDNOT MORE THAN 38 INCHES TO TOP OR RAIL FROM FINISH TREAD. HANDRAIL SHALL HAVEA MIN. CLEARANCE OF 1.5" FROM FINISH SURFACE OF WALL. SEE DETAIL 43/AD.348 INCH HIGH (FROM FINISH FLOOR) PAINTED STEEL EXTERIOR GUARDRAIL. OPENINGLIMITATIONS FOR GUARDRAIL MEMBERS SHALL NOT HAVE OPENINGS WHICH WOULD ALLOWTHE PASSAGE OF A SPHERE 4 INCHES IN DIAMETER FROM THE WALKING SURFACE TO THEREQUIRED GUARD HEIGHT. SEE DETAIL 29/AD.2

KITCHEN CASEWORK AND APPLIANCE LAYOUT AND DESIGN TO BE SELECTED BYINTERIOR DESIGNER AND OWNER NOT USED.
17ELECTRICAL GEAR AND METERS IN CLOSET. SEE ELECTRICAL DRWG'S.18ELECTRIC DOOR BUZZER / CHIME LOCATED A MAX. OF 48" ABOVE FINISH FLOOR &PERMANENTLY WIRED.19 NEW 1A:10B:C RATED FIRE EXTINGUISHER PER CBC 906
1/4":12" SLOPE (MAX.) AT EXIT BALCONY, TYPICAL.21
2-HOUR EXTERIOR WALL(s) PER DETAIL 4/AD.2
NOT USED.
22 MANUFACTURE:TYPE:APPROVALS:DEX-FLEX (BY DEX-O-TEX)MULTICOAT ELASTOMERIC WATERPROOF SYSTEMICC-ESR 5036 & 1714LAYERS (FROM PLYWOOD TO TOP SURFACE):1.DEX-O-TEX LATH MORTAR (3/16")2.20 MIL. BARRIER GUARD MEMBRANE3.20 MIL. BARRIER GUARD MEMBRANE w/ RP FABRIC4.RESISTITE PROTECTION COATS MULITCOAT5.AJ-44 XL SEALER - SLIP RESISTANT TEXTURE (COLOR, FINISH & FINAL TEXTURE SELECTED BY OWNER)

DECK WATERPROOF SYSTEM
SLOPE DIRECTION TOWARD DRAIN. MAX. SLOPE AT LEVEL LANDINGS SHALL NOTEXCEED 2% IN ANY DIRECTION. MAX. SLOPE IN ALL OTHER LOCATIONS SHALL NOTEXCEED 5% IN ANY DIRECTION ALUMINUM ROOF GUTTER23CLASS 'A' ROOFING, FOR SPEC. SEE ROOF PLAN ON SHEET A1.324TRELLIS BELOW NEW DECK DRAIN. SEE DETAIL 27/AD.2.

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No Fees per Government Code 6103 ]
RECORDING REQUESTED BY: ]
National City Housing Authority ]
WHEN RECORDED MAIL TO:

National City Housing Authority
Attention: Executive Director
1243 National City Boulevard
National City, CA 91950
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AFFORDABLE HOUSING DENSITY BONUS AGREEMENT
(2704 E 18th Street)
THIS AFFORDABLE HOUSING DENSITY BONUS AGREEMENT ("Agreement") is dated as of the_ day of November, 2023, by and between the City of National City ("City"), and 2704 18th, LLC, a California limited liability company ("Developer").

WHEREAS, Developer is the owner of that certain real property generally located at 2704 E 18th Street, in the City of National City, County of San Diego, more particularly described in Exhibit "A" attached hereto ("Property"); and
WHEREAS, Developer has applied to the City for a density bonus pursuant to Government Code section 65915, and Sections 18.48.030, et seq. of the National City Municipal Code, provided, however, the Developer has independently and of its own free will chosen not to increase the density of the Development to be built at the Property. Rather, the Developer is electing to take four (4) waivers, incentives, and concessions (as defined in Government Code Section 65915 and Sections 18.48.040 of the National City Municipal Code) in exchange for providing the two Affordable Units, as defined below; and
WHEREAS, Developer proposes to develop a total of nine (9) housing units on the Property ("Development") and restrict the rent and occupancy of two (2) 922 square foot 2 bedroom residential dwelling units ("Affordable Units") to lower-income households in exchange for the four ( 4) waivers, incentives and concessions; and WHEREAS, This Agreement will serve to memorialize Developer's obligation to provide the Affordable Units, the time frame for the construction and occupancy of the Affordable Units and the restriction of the Affordable Units by the recordation of this Agreement assuring affordability for a total of fifty-five (55) years measured from the issuance of final inspection approval for the Development.

NOW, THEREFORE, in consideration of the foregoing and of the mutual terms and covenants hereinafter set forth and other good and valuable consideration, the City and Developer agree as follows:
1

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I. Acknowledgement of Incentives. Developer acknowledges and agrees that the Development is entitled to and is receiving four (4) waivers, incentives, and concessions as follows: ( 1) Parking ratio reduction of 0.5 spaces per unit for a total of 7 parking spaces provided, (2) Reduction of common open space requirement from four hundred ( 400) square feet to three hundred (300) square feet, (3) Remove private open space requirements for the project (4) Remove storage space requirements for residential units pursuant to and in accordance with Government Code 65915.

2. Developer Covenants. Pursuant to and in consideration of the waivers, incentives, and concessions, Developer hereby agrees and covenants on behalf of itself and its successors and assigns, and each successor in interest to the Property, that at all times during the term of this Agreement the two 922 square foot 2 bedroom residential dwelling units on the Prope1iy (designated as unit 5 and unit 9 on those certain plans for the project by Arch 5 Design, 2nd Building Permit Submittal dated March 16, 2023) shall be rented and occupied as the Affordable Units as set forth in this Agreement. As used herein, the term "Affordable Units" shall refer to the two (2) residential dwelling unit on the Property held available strictly in accordance with the terms and conditions set forth in this Agreement.

3. Affordability Restrictions.
(a) Area Median Income. As used herein, "Area Median Income" shall mean the area median income, as adjusted for family size, for San Diego County, established periodically by the California Department of Housing and Community Development ("HCD") and published in the California Code of Regulations. In the event HCD ceases to publish an established Area Median Income as aforesaid, the City may, in its sole discretion, use any other reasonably comparable method of computing Area Median Income.
(b) Occupancy Restrictions. During the term of this Agreement, the Affordable Units shall be occupied by a household whose income does not exceed the low income limits applicable to San Diego County, adjusted for household size, as published annually by HCD, earning at or below eighty percent (80%) of the Area Median Income. ( c) Rent Amount. During the term of this Agreement, the monthly rental rate for the Affordable Units (which shall include a utility allowance based on the utility allowance schedules published annually by the National City Housing Authority) shall not exceed 1/12 of thi1iy percent (30%) of eighty percent (80%) of the Area Median Income, as adjusted for assumed household size and utilities. The imputed household size for the Affordable Units shall be equal to the number of bedrooms in the unit plus one. For example, the rent for the studio Affordable Unit shall be calculated using eighty percent (80%) of the Area Median Income for a I-person household.

4. Restrictions. The following restrictions shall also be applicable to the Affordable Units:
(a) No Relationship With Developer. The Affordable Units shall not be occupied or leased to Developer or any relative (by blood or marriage) of Developer or any person employed 2 Page 71 of 368
by Developer or of any individuals who are members, principals, executives, directors, partners, or shareholders of Developer or in any entity having an ownership in Developer or in the Property.
(b) No FullTime Students. The Affordable Units shall not be occupied or leased to any household comprised exclusively of persons who are full-time students, unless such persons are eligible to file a joint federal income tax return and all such persons reside in the Affordable Units. The term "full-time student" shall be defined as any person who will be or has been a full-time student during five calendar months of the calendar year in question at an educational institution ( other than a correspondence school) with regular faculty and students. (c) No Student Dependents. Notwithstanding the provisions of section 4(b), the Affordable Units shall not be occupied or leased to any student dependent as defined in the U.S.

Internal Revenue Code, unless the taxpayer (upon whom the student in question is dependent) resides in the same unit.
(d) No Owners of Real Property. The Affordable Units shall not be occupied or leased to any person or any household comprised of one or more persons who own real property. ( e) Liquid Asset Limitation. The Affordable Units shall not be occupied or leased to any person or household holding, directly or indirectly, liquid assets whose aggregate value exceeds, at the time of determination of eligibility, eighty percent (80%) of the then-current annual Area Median Income. As used herein, the term "liquid assets" refers to cash and assets which are readily convertible to cash within a reasonable period, including but not limited to savings and checking accounts, certificates of deposit of any term, marketable securities, money market and similar accounts, mutual fund shares, and insurance policy cash values. The term "liquid assets" shall not include retirement funds which are not readily accessible or which cannot be accessed by the tenant without the tenant incurring a penalty. (J-) Income of Co-Tenants. The income of all co-tenants and/or occupants shall be taken into account in determining whether a tenant or prospective tenant meets the requirements of this Agreement.
(g) Eligible Tenants Increased Income. If as a result of the annual recertification procedure described in Section 7 below, any household which was previously determined to be eligible to occupy the Affordable Unit is determined to have income in excess of the limit set forth in Section 3(b), above, that household will continue to be eligible to occupy the Affordable Unit, but shall commence paying rent equivalent to thirty percent (30%) of the household's income and Developer shall pay to the City an amount equal the difference between the actual amount of rent paid by the household and the maximum amount of rent for the unit as set forth in Section 3( c ), above. Notwithstanding the foregoing, if as a result of the annual recertification procedure described in Section 7 below, a household's income is determined to be in excess of 120% of the Area Median Income, then the Developer shall take all reasonable steps to pursue eviction of the household.
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5. Term. Pursuant to Government Code Section 65915, this Agreement shall be effective on the date of its recordation and shall remain in force until the date that is fifty-five (55) years from the date of issuance of final inspection approval of the Development by the City.

6. Deed of Trust.
(a) Execution and Recordation. Developer shall, concurrently with the execution of this Agreement, execute, acknowledge and record a deed of trust on the Property ensuring timely performance of the obligations set forth in this Agreement ("Deed of Trust"). The Deed of Trust shall be subordinated to the construction deed(s) of trust and/or permanent financing in favor of institutional lenders, as approved by the City Manager. The subordination shall be upon such terms and conditions and for such periods of time as the City Manager may approve to protect the provision of affordable housing as required by this Agreement. The City shall rcconvey the Deed of Trust following the expiration of the term of this Agreement. (b) Foreclosure on the Property. In the event of a foreclosure on the Property which eliminates the Deed of Trust, the new owner, upon five (5) days' written notice from the City, shall: (i) execute, acknowledge, and deliver to the City an assignment and assumption of this Agreement in a form as approved by the City, in its reasonable discretion, for recordation; (ii) execute, acknowledge, and deliver to the City a deed of trust, in a form as approved by the City, in its reasonable discretion, to be recorded against the Property, in a lien priority immediately junior to the assignment and assumption of this Agreement which will secure the performance of this Agreement; and (iii) reimburse the City for all of its attorneys' fees and costs in connection with the foregoing, including all costs, attorneys' fees, and expert witnesses fees incurred by the City in obtaining compliance by the new owner, including those incurred in litigation, if any.

7. Verification of Eligibility. The Affordable Units shall not be rented to a prospective tenant or occupied by any person unless and until the City, through its designated staff, has verified that the prospective tenant or occupant is eligible and that affordable rents will be charged in accordance with the criteria set forth in this Agreement. Developer and/or its successor in interest shall ensure that all eligibility and rent criteria are met during the term of the Agreement. Annually, on the anniversary of the initial certification of compliance, as determined by the City, during the term of this Agreement, Developer or its successor in interest shall certify to the City that the Affordable Units is being occupied by eligible tenants. Said certification shall be on forms acceptable to the City.

8. Maintenance Standards. During the term of this Agreement, Developer shall maintain the Affordable Units and the Property in a condition that satisfies the more stringent of (a) the requirements of the applicable local codes or (b) the United States Department of Housing and Urban Development's Uniform Physical Conditions Standards. The City shall have the right to inspect the Affordable Units and the Property prior to initial occupancy and periodically during the term of this Agreement, upon three business days' notice to Developer. The City shall have the right to disclose results of those inspections to the appropriate enforcement authorities. Any deficiencies in the physical condition of the Affordable Units shall be corrected by Developer at Developer's expense within thirty (30) days of the identification of such deficiency by the City and delivery of written notice of the same to Developer. Failure to maintain the unit(s) and the 4 Page 73 of 368
Property in compliance with this section shall constitute a breach of this Agreement and subject the Developer to damages as set forth in Section 13 of this Agreement.

9. Interpretation and Construction. If any provision of this Agreement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Agreement and the application of such provisions to persons or circumstances, other than those as to which it is found to be invalid, shall not be affected thereby. Nothing contained herein shall be deemed compliance with or waiver of any provision of law or conditions of approval except as expressly stated herein.

JO. Design, Construction and Occupancy Schedule for the Affordable Units. The Affordable Units shall receive final inspection approval no later than the date that the market-rate units receive final inspection and approval. Time is of the essence in the occupancy of the Affordable Units. The City Manager may, in his or her sole discretion, extend one or more time deadlines for performance as referenced in this Agreement for good cause.

11. Indemnity. Developer agrees to indemnify, defend and hold harmless the City, the National City Housing Authority, and any and all of their respective councilrnembers, commissioners, members, officers, agents, servants, and employees (the "lndemnitees") from and against all claims, liens, claims of lien, losses, damages, costs, and expenses, whether direct or indirect, arising in any way from this Agreement, including the construction, sale, rental, or operation of the Development, the Property, and/or any of the units, or from the default by Developer in the performance of its obligations under this Agreement; provided, however, that Developer shall not be required to indemnify, defend, or hold harmless any of the Indemnitecs from claims, losses, damages, costs, and expenses related to the sole negligence or willful misconduct of the Indemnitees.

12. Agreement Binding on Successors. The terms, covenants and conditions of this Agreement shall apply to, and shall bind the parties hereto and any successors or assignees.

Developer shall not sell, transfer, or otherwise dispose of the Property, any portion thereof, or any interest therein unless the proposed transferee shall have executed and delivered to the City an express written assumption of all of Developer's obligations under this Agreement, on a form reasonably acceptable to the City. Upon assignment and assumption by a successor entity, as approved by the City, Developer shall be released from all prospective liability and responsibility under the terms of this Agreement. Developer agrees that all of its obligations hereunder shall constitute covenants, which shall run with the land and shall be binding upon the Property and upon every person having any interest therein at any time and from time to time during the term of this Agreement. Further, Developer agrees that, if a court of competent jurisdiction determines that the obligations set forth herein do not qualify as covenants running with the land, they shall be enforced as equitable servitudes. Any sale or conveyance of the Property shall be made subject to this Agreement.

13. Damages; Enforcement; Remedies; Security.
(a) Standing; Equitable Remedies; Remedies Cumulative. Developer expressly agrees and declares that the City shall be the proper party to, and shall have standing to, initiate 5 Page 74 of 368
and pursue any and all actions or proceedings, at law or in equity, to enforce the provisions hereof and/or to recover damages for any event that is expressly stated to be a material default hereunder and which event remains uncured following sixty (60) days' written notice to Developer from the City (or up to one hundred twenty (120) days after notice, if actions to correct the material default have been timely initiated and arc, in the reasonable opinion of the City, being diligently pursued), notwithstanding the fact that such damages or the detriment arising from such a material default that remains uncured as aforesaid may have actually been suffered by some other person or by the public at large. Further, Developer expressly agrees that injunctive relief and specific performance are proper pre-trial and/or post-trial remedies hereunder to assure compliance with this Agreement. Nothing in this Section and no recovery by the City shall restrict or limit the rights or remedies of persons or entities other than the City, against Developer in connection with the same or related acts by Developer, provided that Developer shall not be subject to duplicate awards or recoveries. The remedies set forth in this Section are cumulative and not mutually exclusive, except to the extent that their award is specifically determined to be duplicative by final order of a court of competent jurisdiction.

Further, the award of damages hereunder shall not bar the exercise of police power or other governmental powers, or the pursuit of criminal, civil, or administrative penalties by the City in connection with any material default under this Agreement that remains uncured as aforesaid.

Developer acknowledges that a material default under this Agreement that remains uncured may constitute a violation of state law.
(b) Remedies At Law For Breach Of Rental Restrictions. In the event of any material default under the provisions hereof that remains uncured following thirty (30) days' written notice to Developer from the City ( or up to one hundred sixty (160) days after notice, if actions to correct the material default have been timely initiated and are, in the reasonable opinion of the City, being diligently pursued) regarding restrictions on rental of the Affordable Units, at the sole option of the City, the City shall be entitled to the following remedies at law to the extent they are not duplicative, the election of which shall not be required and may be revoked and/or modified until immediately prior to entry of judgment:
(I) Damages For Specific Breach. The City shall be entitled to recover compensatory damages, at its sole option in the event of a material uncured default under the terms of this Agreement. If the material uncured default in question involves the violation of Section l 3(b) above, the amount of such compensatory damages shall be the product of multiplying (A) the number of months that the material uncured default in question has continued until the time of trial or cure, whichever occurs first, by (B) the result of subtracting (i) the rents properly chargeable hereunder for the Affordable Units (ii) the rents actually collected by Developer for the Affordable Units for the months in question, as reasonably determined by the City. Developer and the City agree that it would be extremely difficult or impracticable to ascertain the precise amount of actual damages accruing to the City as a result of such a material uncured default and that the foregoing formula is a fair and reasonable method of approximating such damages. The City shall be entitled to seek and to recover damages in separate actions for successive, separate breaches, which may occur during the term of this Agreement. Further, interest shall accrue on the amount of such damages from the date of the expiration of Developer's cure period for the material uncured breach in question at the rate of ten percent 6 Page 75 of 368
( I 0%) per annum or the maximum rate then allowed by law, whichever is less. Nothing in this section shall preclude the award of exemplary damages as allowed by law. (2) Acceleration and Liquidation of Future Performance. At the sole option of the City, if any material default by Developer in the performance of its obligations under this Agreement remains uncured for more than ninety (90) days after written notice to Developer by the City specifying such breach in reasonable detail ( or such longer period of time, not to exceed six (6) months, as may reasonably be required for Developer to cure such breach exercising reasonable diligence), Developer's obligation to perform hereunder may be accelerated by the City and declared immediately due through the payment of a liquidated sum. Developer and the City agree that it would be extremely difficult and impractical to predict the precise cost to the City of (i) locating a rental unit equivalent to the Affordable Units, (ii) procuring such unit (through purchase, lease, or subsidies) at the rent discounts contemplated herein, (iii) performing the substantial administrative activities associated with replacing the Affordable Units, and (iv) inflation. Therefore, Developer and the City agree that, in the event of a material default hereunder by Developer that remains uncured as aforesaid, and upon written notice from the City to Developer that the City has elected to exercise its option to accelerate and liquidate Developer's performance hereunder in accordance with the provisions of this Section 13(b)(2), Developer shall pay, and the City shall be entitled to receive, within thirty (30) days of the City's delivery of such written notice, in complete liquidation of the City's future monetary damages and Developer's future obligations under this Agreement, a lump sum payment equal to: (A) the aggregate of the mathematical differences between the monthly rent for a "Comparable Market Rate Unit" (as determined by the City, using statistical data for units of the same size and location at the time of the breach) and the monthly rent allowable hereunder for the Affordable Units, at the date of delivery of the aforesaid written notice of election to accelerate, multiplied by (B) the number of months remaining in the term of this Agreement, from and after the date of delivery of the aforesaid written notice of election to accelerate. Developer and the City agree that acceleration is a fair and reasonable remedy for non-compliance hereunder, and that the foregoing formula represents a fair and reasonable method of approximating and liquidating the future monetary obligations of Developer to the City hereunder for purposes of any such optional acceleration by the City. Further, such liquidated amount shall automatically commence to bear interest at the rate often percent (10%) per annum or the maximum rate then allowed by law, whichever is less, from and after the date that the City delivers to Developer the aforesaid written notice of the City's election to accelerate Developer's performance hereunder, until paid.

Further, if Developer breaches this Section 13(b)(2), the City shall be entitled to receive all reasonable attorneys' fees, costs of suit, title insurance charges, foreclosure costs, and other out of-pocket expenses reasonably incurred in recovering such liquidated amount.

14. Monitoring Fees. Developer shall pay to the City, each year during the term of this Agreement, an annual monitoring fee, as determined by the City in schedules promulgated by the City from time to time. Failure to timely pay such fees shall constitute a material default under this Agreement.

15. General Provisions.
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(a) Waiver. No provision of this Agreement, or breach of any prov1s1on, can be waived except in writing. The waiver by any party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions, ordinance or law, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, or law or any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance, or law.
(b) Costs and Attorneys' Fees. The prevailing patty in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs and witness, expert, and attorney's fees expended in connection with such an action from the other party.
( c) Recordation. This Agreement shall be recorded in the Office of the County Recorder of the County of San Diego senior to all monetary liens. City shall not be obligated to issues permits prior to such delivery and recordation of this Agreement. ( d) Integration. The undersigned, and each of them, acknowledge and represent that no promise or inducement not expressed in this Agreement has been made in connection with this Agreement. This Agreement contains the entire agreement and understanding between the parties as to its subject matter.
( e) Ownership of the Property. Developer represents and warrants that it is the owner of the Property and has foll authority to execute this Agreement. (f) Counterparts. This Agreement may be executed in any number of counterparts and, as so executed, the counterparts shall constitute one and the same Agreement. The parties agree that each such counterpart is an original and shall be binding upon all the parties, even though all of the parties are not signatories to the same counterpart. (g) Notices. All notices given pursuant to this Agreement shall be in writing and sent to the party at its address appearing below (a) by certified or registered U.S. mail, return receipt requested, (b) overnight by a nationa11y recognized overnight courier such as UPS Overnight or FedEx, or ( c) by personal delivery. All notices sha11 be effective upon receipt ( or refosal to accept delivery). These addresses may be changed by any party by written notice to all other parties.
lfto City:

If to Developer:

City of National City
Attention: City Manager
1243 National City Boulevard
National City, CA 91950
2704 18th LLC
2825 Dewey Road, Unit 207
San Diego, CA 92106
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(h) Exhibits and Recitals Incorporated. All exhibits referred to in this Agreement arc hereby incorporated in this Agreement by this reference, regardless of whether or not the exhibits are actually attached to this Agreement. The Recitals to this Agreement arc hereby incorporated in this Agreement by this reference.
(i) Further Assurances. If Developer does not receive all of the necessary permits and approvals to construct the Development, Developer and the City agree that this Agreement and the density bonus granted herein shall be null and void and of no further force and effect and Developer and the City agree to take all reasonable steps and to execute and cause to be recorded all documents reasonably necessary to remove this Agreement and the Deed of Trust from the record chain of title to the Property.

16. Risk of Market Conditions. Developer shall bear sole responsibility for developing, constructing, and marketing the units covered by this Agreement, pursuant to the approvals that the City has issued for the Development and the requirements contained in this Agreement. The City shall have no obligation to amend this Agreement, and the Developer shall reimburse the City for administrative costs associated with any modification of this Agreement that shall require the approval of the City Council of National City.

17. Signature Authority. All individuals signing this Agreement for a party which is a corporation, limited liability company, partnership or other legal entity, or signing under a power of attorney, or as a trustee, guardian, conservator, or in any other legal capacity, covenant to the other party hereto that he or she has the necessary capacity and authority to act for, sign, and bind the respective entity or principal on whose behalf he or she is signing.

CITY:

City of National City
By:

APPROVED AS TO FORM:

By: ___________ _
Barry .J. Schultz, City Attorney
[SIGNATURES CONTINUED ON FOLLOWlNG PAGE]
9 Ben Martinez, Interim City Manager

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DEVELOPER :
2704 18th. LLC. n Californi a limited liabilit y company By:
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ACKNOWLEDGMENT
A !l! t.11 y p1ilJl1c 01 Lllik r otf1u>r cnrnpk0 ung th s CPI t1f1c.ale VNlf1e 0111'/ t itp 1dt'11t 1Ly of Lile
111d1v11tu 1l who s1g11erl tl1e clocu1111>nt to wh ich riw, CPrlif11..ite r .itlarhed, and not the truthf11lnt'~~
llt11r,1c I or v 1l1d tv of tl1at dOLt1T11ent
State of California )
)
County or Snn Diego )
On Qcfvb~ ~ . 2023, before me. , notary
public, personally appeared vi , who proved to
111c on the basis of satisfactory cv1 cncc to be the person(s) whose name(s) is/~subsc ribcd to the ·within instrument and acknowledged to me that he/she#I~ executed the same in his/J.~b.cil- authorized capacity(ies), and that by his/het/tM ir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instru111ent.

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

WITNESS 111y hand and offi cial seal.

Signah1re (Seal)
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ACKNOWLEDGMENT
A notary public or othC'r officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certif-icate is attached, and not the truthfulness,
accuracy, or validity of that document.

State of California )
)
County of San Diego )
On , 2023, before me, , notary
public, personally appeared , who proved to
me on the basis of satisfactory evidence to be the person(s) whose namc(s) is/arc subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature----------------~ (Seal)
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EXHIBIT "A"
Legal Description of the Property
That certain real property located in the City of National City, County of San Diego, State of California more particularly described as follows:

Lot Number: 270,271 City, Municipality, Township: NATIONAL CITY Subdivision Name:

LINCOLN ACRES ANNEX #2 Tract No: 1748 Brief Description: TR 1748 LOT 271 *(EX ST WlD)W 95 FT OF LOT 270 & OF Recorder's Map Ref: 001748
ASSESSORS PARCEL NUMBER: 558-250-32-00
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Ben Martinez, Interim City Manager

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RESOLUTION NO. 2023-

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

APPROVING AN AFFORDABLE HOUSING DENSITY BONUS AGREEMENT AND RELATED DOCUMENTS WITH 2704 18TH, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AND

RESTRICTING THE RENT AND OCCUPANCY OF TWO UNITS TO LOW -INCOME

HOUSEHOLDS IN EXCHANGE FOR FOUR INCENTIVE S PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 65915 – 65918 FOR THE DEVELOPMENT OF NINE HOUSING UNITS LOCATED AT 2704 EAST 18TH STREET IN NATIONAL CITY.

WHEREAS, 2704 18th, LLC, a California Limited Partnership (“Developer”), is developing the property located at 2704 E 18th Street; and

WHEREAS, the current zoning allows for the construction of 9 units by right and the developer has requested a density bonus; and

WHEREAS, the Developer agreed to restrict the rent and occupancy of two units (“Affordable Units”) to low-income households below 80% of the area median income; and

WHEREAS, in exchange for the Affordable Units, the Developer is allowed four incentives, pursuant to California Government Code Section 65915-65918; and

WHEREAS, the incentives the Developer selected are 1) parking ratio reduction of 0.5 spaces per unit for a total of 7 parking spaces provided; 2) reduction of common open space required from four hundred (400) square feet to three hundred (300) square feet; 3) removal of private open space requirements for the project; and 4) removal of storage space requirements for residential units; and

WHEREAS, the Developer agreed to enter into an Affordable Density Housing Bonus Agreement (“Agreement”) to memorialize the Developer’s obligation to provide the two affordable units; and

WHEREAS, the Agreement provides a time frame for the construction and occupancy of the Affordable Units and will be recorded to assure affordability for fifty-five (55) years; and

WHEREAS, the Developer agreed to enter into a Deed of Trust (“Trust”) to secure the property and it ensures the timely performance of the Affordable Housing Density Bonus Agreement; and

WHEREAS, the Developer agreed to enter into a Sub ordination Agreement for the Agreement to be recorded against the Property by the Developer in favor of the City.

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

Section 1: The City Council hereby approves the Affordable Housing Density Bonus Agreement with 2704 18th, LLC. restricting the rent and occupancy of two units to a low-income household in exchange for four incentives pursuant to California Government Code Sections 65915– 65918 for the development of 9 housing units located at 2704 E 18th Street in National City. The four incentives include:

1. Parking reduction of 0.5 spaces per unit for a total of 7 parking spaces;

2. Reduction of common open space required from four hundred (400) square feet to three hundred (300) square feet;

3. Removal of private open space requirements for the project; and

4. Removal of storage space requirements for residential units.

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Section 2: The City Council hereby approves the Deed of Trust with 2704 18th, LLC for the property located at 2704 E 18th Street in National City.

Section 3: The City Council also hereby a pproves a Subordination Agreement to be recorded against the Property by the Developer in favor of the City.

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

PASSED and ADOPTED this 7th day of November 2023.

Ron Morrison, Mayor

ATTEST:

Shelley Chapel, MMC, City Clerk

APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

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AGENDA REPORT

Department: Police Department
Prepared by: Salvador Gil, Corporal
Meeting Date: Tuesday, November 7, 2023
Approved by: Ben Martinez, Interim City Manager

SUBJECT:

Approval of a Resolution Authorizing the Acceptance of Justice Assistance Grant (JAG) and Appropriation of Funds to Purchase Red Dot Pistol Optics and Holsters.

RECOMMENDATION:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Acceptance of the National City Police Department’s Grant Award of $31,358.00 from the 2023 Edward Byrne Memorial Justice Assistance Grant (JAG) Program to Purchase Red Dot P istol Optics and H olsters, and Authorizing the Establishment of an Appropriation and Corresponding Revenue Budget.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

The Office of Justice Programs (OJP) Bureau of Justice Assistance (BJA) and the U.S.

Department of announced that the City of National City is eligible for a grant award of $31,358 from the Fiscal Year 2023 Edward Byrne Memorial Justice Assistance Grant (JAG) Program – Local Solicitation, for the purchase of red dot pistol optics and holsters as dictated within the grant.

The JAG Program provides States and local governments with critic al funding necessary t o support a range of program areas, including, but not limited to, law enforcement, prosecution, court programs, prevention, and education programs. Applicants are required to complete an online application and submit a budget and various narratives justifying the use of the funds.

The 2023 Edward Byrne Memorial Justice Assistance Grant (JAG) Program is a direct grant allocation program and does not require the City to allocate any upfront costs or matching funds.

The City is required to make the grant application available for review and public comment for no less than 30 days and a formal award will not be made until the 30-day review requirement has been met.

FINANCIAL STATEMENT:

Revenue: 290-11684-3498 Other Federal Grants
Expense: 290-411-684-518-0000 Public Safety Equipment

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Public Safety

ENVIRONMENTAL REVIEW:

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

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PUBLIC NOTIFICATION:

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

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A - 2023 JAG NCPD Agency Information
Exhibit B - 2023 JAG Disclosure of Lobbying Activity
Exhibit C - 2023 Disclosure of High-Risk Status
Exhibit D - 2023 Form Application Test Case
Exhibit E - 2023 JAG Narrative
Exhibit F - 2023 JAG Grant Submission Confirmation
Exhibit G - 2023 JAG Award Letter-Project Info-Budget Summary Exhibit H - 2023 JAG Certification
Exhibit I - 2023 JAG Resolution

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U.S. DEPARTMENT OF JUSTICE

OFFICE OF JUSTICE PROGRAMS
Approved: OMB No. 1121-0329
Expires 12/31/2023

Background
Recipients’ financial management systems and internal controls must meet certain requ uding those set out in the “Part 200 Uniform Requirements” (2.C.F.R. Part 2800).

Including at a minimum, the financial management system of each OJP award recipient must provide for the following:
(1) Identification, in its accounts, of all Federal awards received and expended and the Federal programs under which they were received. Federal program and Federal award identification must include, as applicable, the CFDA title and number, Federal award identification number and year, and the name of the Federal agency. (2) Accurate, current, and complete disclosure of the financial res ults of each Federal award or program. (3) Records that identify adequately the source and application of funds for Federally-funded activities. These records must contain information pertaining to Federal awards, authorizations, obligations, unobligated balances, assets, expenditures, income, and interest, and be supported by source documentation. (4) Effective control over, and accountability for, all funds, prop erty, and other assets. The recipient must adequately safeguard all assets and assure that they are used s olely for authorized purposes. (5) Comparison of expenditures with budget amounts for each Federal award. (6) Written procedures to document the receipt and disbursement of Federal funds including procedures to minimize the time elapsing between the transfer of funds from the United States Treasury and the disbursement by the OJP recipient.

(7) Written procedures for determining the allowability of costs in accordance with both the terms and conditions of the Federal award and the cost principles to apply to the Federal award. (8) Other important requirements related to retention requirements for records, use of open and machine readable formats in records, and certain Federal rights of access to awa rd-related records and recipient personnel.

irements, incl

1. Name of Organization and Address:

Organization Name:

Street1:

Street2:

City:

State:

Zip Code:

2. Authorized Representative’s Name and Title:

Prefix: First Name:

Middle Name:

Last Name: Suffix:

Title:

3. Phone: 4. F ax:

5. E mail:

6. Year Established:

7. Employer Identification Number (EIN): 8. Unique Entity Identifier (UEI) Number:

9. a) Is the applicant entity a nonprofit organization (including a nonprofit institution of higher education) as described in 26 U.S.C. 501(c)(3) and exempt from taxation under 26 U.S.C. 501(a)? Yes No
If "No" skip to Question 10.

If "Yes", complete Questions 9. b) and 9. c).

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NationalCity Police Department
1200 National City Blvd
National City
CA
91950
Salvador
Gil
Police Corporal
619-600-6535
[email protected]
1887
956000749
72494073
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U.S. DEPARTMENT OF JUSTICE

OFFICE OF JUSTICE PROGRAMS
Approved: OMB No. 1121-0329
Expires 12/31/2023

AUDIT INFORMATION
the amount of funds available under a Federal award (the total amount of the award, as well as the amount available in each budget cost category)?19. Is the applicant entity familiar with the "cost principles" that apply to recent and future Federal awards, including the general and specific principles set out in 2 C.F.R. Part 200?
Yes No Not Sure

9. b) Does the applicant nonprofit organization maintain offshore accounts for the purpose of avoiding paying the tax described in 26 U.S.C. 5 11(a)?

9. c) With respect to the most recent year in which the applicant nonprofit organization was required to file a tax return, does the applicant nonprofit organization believe (or assert) that it satisfies the requirements of 26 C.F.R. 53.4958-6 (which relate to the reasonableness of compensation of certain individuals)?

If "Yes", refer to “Additional Attachments” under “What An Application Should Include” in the OJP solicitation (or application guidance) unde r which the applicant is submitting its application. If the solicitation/guidance describes the “Disclosure of Process related to Executive Compensation,” the applicant
nonprofit organization must provide -- as an attachment to its application -- a disclosure that satisfies the minimum requirements as described by OJP.

For purposes of this questionnaire, an “audit” is conducted by an independent, external auditor using generally accepted auditing standards (GAAS) or Generally Governmental Au diting Standards (GAGAS), and results in an audit report with an opinion.

10. Has the applicant entity undergone any of the following types of audit(s)(Please check all that apply):

“Single Audit” under OMB A-133 or Subpart F of 2 C.F.R. Part 200

Financial Statement Audit
Defense Contract Agency Audit (DCAA)
Other Audit & Agency (list type of audit):

None (if none, skip to question 13)

11. Most Recent Audit Report Issued: Within the last Within the last Over 2 years ago N/A 12 months 2 years
Name of Audit Agency/Firm:

AUDITOR'S OPINION

Unqualified Opinion Qualified Opinion Disclaimer, Going Concern N/A: No audits as or Adverse Opinions described above Enter the number of findings (if none, enter "0": Enter the dollar amount of questioned costs (if none, enter "$0"):

Were material weaknesses noted in the report or opinion? Yes No

13. Which of the following best describes the applicant entity's accounting system:

ACCOUNTING SYSTEM

Manual Automated Combination of manual and automated

14. Does the applicant entity's accounting system have the capability to Yes No Not Sure identify the receipt and expenditure of award funds separately for each Federal award?

15. Does the applicant entity's accounting system have the capability to Yes No Not Sure record expenditures for each Federal award by the budget cost categories shown in the approved budget?

16. Does the applicant entity's accounting system have the capability to Yes No Not Sure record cost sharing ("match") separately for each Federal award, and maintain documentation to support recorded match or cost share?

Yes No
Yes No

12. On the most recent audit, what was the auditor’s opinion?

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U.S. DEPARTMENT OF JUSTICE

OFFICE OF JUSTICE PROGRAMS
Approved: OMB No. 1121-0329
Expires 12/31/2023

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17. Does the applicant entity's accounting system have the capability to Yes Not Sure accurately track employees actual time spent performing work for each federal award, and to accurately allocate charges for employee salaries and wages for each federal award, and maintain records to support the actual time spent and specific allocation of charges associated with each applicant e mployee?

18. Does the applicant entity’s accounting system include budgetary controls Yes No
Not Sure to preclude the applicant entity from incurring obligations or costs that exceed the amount of funds available under a federal award (the total amount of the award, as well as the amount available in each budget cost cate gory)?

19. Is applicant entity familiar with the "cost principles" that apply to recent No
Not Sure
and future federal awards, including the general and specific principles set out in 2 C.F.R Part 200?
Yes No

PROPERTY STANDARDS AND PROCUREMENT STANDARDS

20. Does the applicant entity’s property management system(s) maintain the No Not Sure following information on property purchased with federal award funds (1) a Yes description of the property; (2) an identification number; (3) the source of funding for the property, including the award number; (4) who holds title; (5) acquisition date; (6) acquisition cost; (7) federal share of the acquisition cost; (8) location and condition of the property; (9) ultimate disposition information?

21. Does the appl icant entity maintain written policies and procedures for Not Sure procurement transactions that -- (1) are designed to avoid unnecessary or duplicative purchases; (2) provide for analysis of lease versus purchase alternatives; (3) set out a process for soliciting goods and services, and (4) include standards of conduct that address conflicts of interest ?

22. a) Are the applicant entity’s procurement policies and procedures Yes No Not Sure designed to ensure that procurements are conducted in a manner that provides full and open competition to the extent practicable, and to avoid practices that restrict competition?

22. b) Do the applicant entity's procurement policies and procedure s require Yes No Not Sure documentation of the history of a procurement, including the ra tionale for the method of procurement, selection of contract type, selection or rejection of contractors, and basis for the contract price?

23. Does the applicant entity have written policies and procedures designed Yes No Not Sure to prevent the applicant entity from entering into a procurement contract under a federal award with any entity or individual that is suspended or debarred from such contracts, including provisions for checking the “Excluded Parties List” system (www.sam.gov) for suspended or debarred sub-grantees and contractors, prior to award?

Yes No

TRAVEL POLICY

24. Does the applicant entity:

No (a) maintain a standard travel policy? Yes
(b) adhere to the Federal Travel Regulation (FTR)? Yes

SUBRECIPIENT MANAGEMENT AND MONITORING
No

Yes No Not Sure

N/A - Applicant does not make

25. Does the applicant entity have written policies, procedures, and/or guidance designed to ensure that any subawards made by the applicant entity under a federal award -- (1) clearly document applicable federal requirements, (2) are appropriately monitored by the applicant, and (3) comply with the requirements in 2 CFR Part 200 (see 2 CFR 200.331)? subawards under any OJP
awards
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U.S. DEPARTMENT OF JUSTICE

OFFICE OF JUSTICE PROGRAMS
Approved: OMB No. 1121-0329
Expires 12/31/2023

26. Is the applicant entity aware of the differences between subawards under No Not Sure federal awards and procurement contracts under federal awards, including the different roles and responsibilities associated with each? N/A - Applicant does not make subawards under any OJP
awards

27. Does the applicant entity have written policies and procedures designed Yes
Not Sure to prevent the applicant entity from making a subaward under a federal award to any entity or individual is suspended or debarred from such N/A - Applicant does not make subawards? subawards under any OJP
awards
Yes No

DESIGNATION AS 'HIGH-RISK' BY OTHER FEDERAL AGENCIES

28. Is the applicant entity designated “high risk” by a federal grant-making Yes No Not Sureagency outside of DOJ? (High risk includes any status under which a federal awarding agency provides additional oversight due to the applicant's past performance, or other programmatic or financial concerns with the applicant.) If "Yes", provide the following:

(a) Name(s) of the federal awarding agency:
(b) Date(s) the agency notified the applicant entity of the "high risk" designation:
(c) Contact information for the "high risk" point of contact at the federal agency:

Name:

Phone:

Email:
(d) Reason for "high risk" status, as set out by the federal agency:

CERTIFICATION ON BEHALF OF THE APPLICANT ENTITY
(Must be made by the chief executive, executive director, chief financial officer, designated authorized representative ("AOR"), or other official with the requisite knowledge and authority) On behalf of the applicant entity, I certify to the U.S. Department of Justice that the information provided above is complete and correct to the best of my knowledge. I have the requisite authority and information to make this certification on behalf of the applicant entity.

Name: Date:

Title: Executive Director Chief Financial Officer Chairman Other:

Phone:
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Salvador Gil
8/23/2023
■
POC
619-600-6535 Page 107 of 368
DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046 (See reverse for public burden disclosure.)

1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract a. bid/offer/application a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post-award For Material Change Only:
d. loan year _________ quarter _________
e. loan guarantee date of last report ______________ f. loan insurance

4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name and Address of Prime:

Tier ______,
if known :

Congressional District, if known : Congressional District, if known :

6. Federal Department/Agency: 7. Federal Program Name/Description:

CFDA Number, if applicable: _____________

8. Federal Action Number, if known : 9. Award Amount, if known :
$

10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (if individual, last name, first name, MI): different from No. 10a) (last name, first name, MI ):

11. Signature:

Print Name:

Title:

Telephone No.: _______________________ Date:

Authorized for Local Reproduction
Standard Form LLL (Rev. 7-97)
Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less that $10,000 and not more than $100,000 for each such failure.

Prime Subawardee
Federal Use Only:
b
b
a
✔
National City Police Department
1200 National City Blvd
National City Ca 91950
Department of Justice
Edward Byrne Memorial Justice Assistance Grant Program
31,358.00
N/A
N/A
Salvador Gil
Salvador Gil
Police corporal
(619) 600-6535
8/23/2023

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INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES

1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action.

2. Identify the status of the covered Federal action.

3. 4.

5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known.

6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizationallevel below agency name, if known. For example, Department of Transportation, United States Coast Guard.

7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments.

8. 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.

10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI).

11. The certifying official shall sign and date the form, print his/her name, title, and telephone number.

This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreementto make payment to any lobbying entity for influencing or attempting to influence an officer or employeeof any agency, a Member of Congress, an officer or employeeof Congress, or an employeeof a Member of Congress in connection with a coveredFederalaction. Completeall items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.

Identify the appropriateclassification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action.

Enter the full name, address, city, State and zip code of the reporting entity. Include CongressionalDistrict, if known. Check the appropriateclassification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee,e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.

Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."According to the PaperworkReduction Act, as amended,no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503.

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NATIONAL CITY POLICE DEPARTMENT

Edward Byrne Memorial
Justice Assistance Grant (JAG) Program
C-BJA-2023-00105-PROD Local Solicitation

National City Police Department
1200 National City Boulevard
National City, CA 91950
(619) 336-4400/Fax (619) 336-4525
www.nationalcitypd.org

Applicant Disclosure of High Risk Status

The National City Police Department and the City of National City California are not designated as high risk by any other federal agency. We do not require additional oversight by any federal agency due to past programmatic or financial concerns.

Page 110 of 368 ends

OMB Number: 4040-0004
Expiration Date: 11/30/2025
* 1. Type of Submission: * 2. Type of Application:
* 3. Date Received: 4. Applicant Identifier:
5a. Federal Entity Identifier: 5b. Federal Award Identifier:

6. Date Received by State: 7. State Application Identifier:
* a. Legal Name:
* b. Employer/Taxpayer Identification Number (EIN/TIN): * c. UEI:
* Street1:

Street2:
* City:

County/Parish:
* State:

Province:
* Country:
* Zip / Postal Code:

Department Name: Division Name:

Prefix: * First Name:

Middle Name:
* Last Name:

Suffix:

Title:

Organizational Affiliation:
* Telephone Number: Fax Number:
* Email:
* If Revision, select appropriate letter(s):
* Other (Specify):

State Use Only:

8. APPLICANT INFORMATION:
d. Address:
e. Organizational Unit:
f. Name and contact information of person to be contacted on matters involving this application:

Application for Federal Assistance SF-424
Preapplication
Application
Changed/Corrected Application
New
Continuation
Revision
07/27/2023 O-BJA-2023-171790
City of national City
956000749 KJA9JQQC2M75
1200 National City Blvd
National City
San Diego
CA: California
USA: UNITED STATES
919504302
National City Police Departmen Operations Support
Mr. Salvador
Gil
Police Corporal
National City Police Department
619-600-6535
[email protected]
Funding Opportunity Number:O-BJA-2023-171790 Received Date:Jul 27, 2023 03:20:33 PM EDT Tracking Number:GRANT13946755

Page 111 of 368 ends

* 9. Type of Applicant 1: Select Applicant Type:

Type of Applicant 2: Select Applicant Type:

Type of Applicant 3: Select Applicant Type:
* Other (specify):
* 10. Name of Federal Agency:

11. Catalog of Federal Domestic Assistance Number:

CFDA Title:
* 12. Funding Opportunity Number:
* Title:

13. Competition Identification Number:

Title:

14. Areas Affected by Project (Cities, Counties, States, etc.):
* 15. Descriptive Title of Applicant's Project:

Attach supporting documents as specified in agency instructions.

Application for Federal Assistance SF-424
C: City or Township Government
Bureau of Justice Assistance

16.738
Edward Byrne Memorial Justice Assistance Grant Program
O-BJA-2023-171790
BJA FY 23 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation C-BJA-2023-00105-PROD
Category 2–Applicants with eligible allocation amounts of $25,000 or more Red Dot Optics Transition grant request
View AttachmentsDelete AttachmentsAdd Attachments
View AttachmentDelete AttachmentAdd Attachment
Funding Opportunity Number:O-BJA-2023-171790 Received Date:Jul 27, 2023 03:20:33 PM EDT Tracking Number:GRANT13946755

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* a. Federal
* b. Applicant
* c. State
* d. Local
* e. Other
* f. Program Income
* g. TOTAL
.

Prefix: * First Name:

Middle Name:
* Last Name:

Suffix:
* Title:
* Telephone Number:
* Email:

Fax Number:
* Signature of Authorized Representative: * Date Signed:

18. Estimated Funding ($):

21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 18, Section 1001) ** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions.

Authorized Representative:

Application for Federal Assistance SF-424
* a. Applicant
Attach an additional list of Program/Project Congressional Districts if needed. * b. Program/Project
* a. Start Date: * b. End Date:

16. Congressional Districts Of:

17. Proposed Project:

CA-051 CA-051
Add Attachment Delete Attachment View Attachment
07/31/2023 09/29/2023
31,358.00
20,000.00

0.00 0.00

0.00 0.00
51,358.00
a. This application was made available to the State under the Executive Order 12372 Process for review on b. Program is subject to E.O. 12372 but has not been selected by the State for review. c. Program is not covered by E.O. 12372.

Yes No
Add Attachment Delete Attachment View Attachment
** I AGREE
Mr. Salvador
Gil
Police Corporal
619-600-6535
[email protected]
Salvador Gil
* 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes," provide explanation in attachment.) * 19. Is Application Subject to Review By State Under Executive Order 12372 Process? 07/27/2023
If "Yes", provide explanation and attach
Funding Opportunity Number:O-BJA-2023-171790 Received Date:Jul 27, 2023 03:20:33 PM EDT Tracking Number:GRANT13946755

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NATIONAL CITY POLICE DEPARTMENT

Edward Byrne Memorial
Justice Assistance Grant (JAG) Program
C-BJA-2023-00105-PROD Local Solicitation

National City Police Department
1200 National City Boulevard
National City, CA 91950
(619) 336-4400/Fax (619) 336-4525
www.nationalcitypd.org

Proposal Narrative
The National City Police Department proposes using the FY 2023 Local Edward Byrne Memorial Justice Assistance Grant funds allocated in the amount of $31,358 to purchase red dot sight pistol optics, suppressor height iron sights and upgraded holsters for frontline police officers. Transitioning to red dot sights would help frontline police officers to make good use-of-force decisions by allowing them to focus on threat by superimposing the red dot sight on the threat versus the traditional gun iron sights which focus on front sights resulting in a blurred view of the threat. The purchase of a red dot sight optics would allow police officers to increase their situational awareness and survivability when involved in potential deadly use-of-force encounters. This grant will only be utilized for the procurement of technologies and safety equipment to assist frontline law enforcement personnel in the field.

The implementation of red dot sights would allow for a faster, more accurate target/threat detection under stress. Red dot optics allow for a faster and more accurate target/threat detection under stress.

Being threat focused allows for increased accuracy by officers as they utilize either a gross sight picture at close distances or a refined sight picture at greater distances.

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NATIONAL CITY POLICE DEPARTMENT

Edward Byrne Memorial
Justice Assistance Grant (JAG) Program
C-BJA-2023-00105-PROD Local Solicitation

National City Police Department
1200 National City Boulevard
National City, CA 91950
(619) 336-4400/Fax (619) 336-4525
www.nationalcitypd.org

Additionally red dot optics allows officers to refine and remove any unnecessary movements or inconsistencies within the grip and presentation of the pistol, the officers build a repeatable process, which in turn leads to predictable results. The red dot optic teaches officers how to build a proper and successful master grip so that the dot presents itself to the shooter’s eyes predictably in the same manner each time. In addition red dot optics allow shooters to have a greater field of view and situational awareness by allowing them to keep both eyes open and on the intended target versus the traditional iron sights techniques that teaches front sight focus which causes a blurred focus on the target. Red dot optics would also help officers with diminished or fleeting acuity in their eyesight by allowing them to superimpose the optic sight over the threat versus struggling to acquire the threat due to their diminished eye sight.

The National City Police Department has already transitioned to a red dot sight optic for their Patrol Rifles (using Holosun 510c red dots) and for their Less Lethal Bean Bag Remington 870 Shotguns (using Vortex Spark red dots). The National City Police Department proposes using the FY 203 Local Edward Byrne Memorial Justice Assistance Grant funds allocated in the amount of $31,358 to purchase red dot sight pistol optics in order to complete the red dot sight transition for all weapons platforms for the department.

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NATIONAL CITY POLICE DEPARTMENT

Edward Byrne Memorial
Justice Assistance Grant (JAG) Program
C-BJA-2023-00105-PROD Local Solicitation

National City Police Department
1200 National City Boulevard
National City, CA 91950
(619) 336-4400/Fax (619) 336-4525
www.nationalcitypd.org

The National City Police Department is always seeking new ways to improve our equipment to stay on the forefront of technology to remain competitive with societal improvements and the abilities of the criminal elements using technology to commit crimes. The acquisition of equipment such as computers, radios, phones, less lethal and duty pistol red dot equipment will enable officers to stay technologically ahead of the criminal element.

Budget and Budget Narrative

A. Personnel – No personnel costs in application
B. Fringe Benefits – No fringe benefit costs in application C. Travel – No travel costs in application
D. Equipment

1. Purchase of (100) Holosun SCS (solar charging sight) that have same multi reticle style system as in our patrol rifles (equipped with Holosun 510C red dot sights) and our less lethal beanbag, Remington 870 shotguns (equipped with Vortex Spark red dot sights).

2. The total estimated cost for the (100) Holosun red dot optics will be $34,900.00.

E. Supplies – No supply costs in application
F. Construction – No construction costs in application
G. Consultants/Contracts – No consultants/contracts costs in application H. Indirect Costs – No indirect costs in this application

Budget Summary
Personnel $0
Fringe Benefits $0

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NATIONAL CITY POLICE DEPARTMENT

Edward Byrne Memorial
Justice Assistance Grant (JAG) Program
C-BJA-2023-00105-PROD Local Solicitation

National City Police Department
1200 National City Boulevard
National City, CA 91950
(619) 336-4400/Fax (619) 336-4525
www.nationalcitypd.org

Travel $0
Equipment $34,900.00
Supplies $0
Construction $0
Consultants/Contracts $0
Other Costs $0
Indirect Costs $0
Estimated total $34,900.00
Federal Grant Request $34,900.00

The equipment costs quoted in this Budget Narrative are approximations based on current availability. The National City Police Department will use JAG funds to purchase the highest quality and up to date technology equipment to meet our needs. The number of items ultimately purchased by the National City Police Department will be determined by costs and availability at the time of purchase. The National City Police Department will incur any costs over the current allocation of $34,900.00.

Applicable sales taxes associated with the equipment items is calculated into the costs of the equipment.

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Confirmation
Thank you for submitting your grant application package via Grants.gov. Your application is currently being processed by the Grants.gov system. Once your submission has been processed, Grants.gov will send email messages to advise you of the progress of your application through the system. Over the next 24 to 48 hours, you should receive two emails. The first will confirm receipt of your application by the Grants.gov system, and the second will indicate that the application has either been successfully validated by the system prior to transmission to the grantor agency or has been rejected due to errors.

Please do not hit the back button on your browser.

If your application is successfully validated and subsequently retrieved by the grantor agency from the Grants.gov system, you will receive an additional email. This email may be delivered several days or weeks from the date of submission, depending on when the grantor agency retrieves it.

You may also monitor the processing status of your submission within the Grants.gov system by clicking on the “Track My Application” link listed at the end of this form.

Note: Once the grantor agency has retrieved your application from Grants.gov, you will need to contact them directly for any subsequent status updates. Grants.gov does not participate in making any award decisions.

IMPORTANT NOTICE: If you do not receive a receipt confirmation and either a validation confirmation or a rejection email message within 48 hours, please contact us. The Grants.gov Contact Center can be reached by email at [email protected], or by telephone at 1-800-518-4726. Always include your Grants.gov tracking number in all correspondence. The tracking numbers issued by Grants.gov look like GRANTXXXXXXXXX.

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If you have questions please contact the Grants.gov Contact Center: [email protected] 1-800-518-4726 24 hours a day, 7 days a week. Closed on federal holidays.

The following application tracking information was generated by the system:

Grants.gov Tracking
Number:

GRANT13946755
KJA9JQQC2M75UEI:

Salvador GilSubmitter's Name:

CFDA Number: 16.738
CFDA Description: Edward Byrne Memorial Justice Assistance Grant Program Funding Opportunity
Number:

O-BJA-2023-171790
Funding Opportunity
Description:

BJA FY 23 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation
Agency Name: Bureau of Justice Assistance
Application Name of
this Submission:
2023 JAG Grant
Date/Time of Receipt:
https://apply07.grants.gov/apply/spoExit.jsp?p=web/grants/applicants/track-my-application.html&tracking_num=GRANT13946755 TRACK MY APPLICATION – To check the status of this application, please click the link below:

It is suggested you Save and/or Print this response for your records.

Jul 27, 2023 03:20:33 PM EDT

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U.S. DEPARTMENT OF JUSTICE

OFFICE OF JUSTICE PROGRAMS
Edward Byrne Memorial Justice Assistance Grant Program FY 2023 Local Solicitation Certifications and Assurances by the Chief Executive of the Applicant Government On behalf of the applicant unit of local government named below, in support of that locality’s application for an award under the FY 2023 Edward Byrne Memorial Justice Assistance Grant (“JAG”) Program, and further to 34 U.S.C. § 10153(a), I certify to the Office of Justice Programs (“OJP”), U.S. Department of Justice (“USDOJ”), that all of the following are true and correct:

1. I am the chief executive of the applicant unit of local government named below, and I have the authority to make the following representations on my own behalf as chief executive and on behalf of the applicant unit of local government. I understand that these representations will be relied upon as material in any OJP decision to make an award, under the application described above, to the applicant unit of local government.

2. I certify that no federal funds made available by the award (if any) that OJP makes based on the application described above will be used to supplant local funds, but will be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for law enforcement activities.

3. I assure that the application described above (and any amendment to that application) was submitted for review to the governing body of the unit of local government (e.g., city council or county commission), or to an organization designated by that governing body, not less than 30 days before the date of this certification.

4. I assure that, before the date of this certification— (a) the application described above (and any amendment to that application) was made public; and (b) an opportunity to comment on that application (or amendment) was provided to citizens and to neighborhood or community-based organizations, to the extent applicable law or established procedure made such an opportunity available.

5. I assure that, for each fiscal year of the award (if any) that OJP makes based on the application described above, the applicant unit of local government will maintain and report such data, records, and information (programmatic and financial), as OJP may reasonably require.

6. I have carefully reviewed 34 U.S.C. § 10153(a)(5), and, with respect to the programs to be funded by the award (if any), I hereby make the certification required by section 10153(a)(5), as to each of the items specified therein.
_
Signature of Chief Executive of the Applicant Unit of
Local Government
_
Date of Certification
_
_
Printed Name of Chief Executive
_
Title of Chief Executive
_
_
Name of Applicant Unit of Local Government
_ _ _
Rev. April 21, 2023

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RESOLUTION NO. 2023 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF THE NATIONAL CITY POLICE DEPARTMENT’S GRANT AWARD OF $ 31,358 FROM THE 2023 EDWARD BYRNE MEMORIAL JUSTICE

ASSISTANCE GRANT (JAG) PROGRAM TO PURCHASE RED DOT PISTOL OPTICS AND

HOLSTERS, AND AUTHORIZING THE ESTABLISHMENT OF AN APPROPRIATION AND

CORRESPONDING REVENUE BUDGET

WHEREAS, the Justice Assistance Grant Program provides States and local governments with critical funding necessary to support a range of program areas, including, but not limited to, law enforcement, prosecution, court programs, prevention, and education programs; and

WHEREAS, the Office of Justice Programs Bureau of Justice Assistance and the U.S.

Department of Justice announced that the City of N ational City is eligible for a G rant Award of $31,358 from the Fiscal Year 2023 Edward Byrne Memorial Justice Assistance Grant (JAG ) Program – Local Solicitation, for the purchase of Red Dot Pistol Optics and Holsters; and WHEREAS, the City is required to make the grant application available for review and public comment for no less than 30 days: and
WHEREAS, the JAG Program is a di rect grant allocation program and does not require the City to allocate any upfront costs or matching funds.

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 acceptance of the National City Police Department 2023 Edward Byrne Memorial Justice Assistance Grant Program Award of $31,358 upon expiration of the 30 -day review and public comment period , and authorizes establishing an appropriation and associated revenue budget of $31,358 to purchase red dot pistol optics and holsters.

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

PASSED and ADOPTED this 7th day of November, 2023.

_____________________________
Ron Morrison, Mayor
ATTEST:

_____________________________
Shelley Chapel, MMC, City Clerk

APPROVED AS TO FORM

_____________________________
Barry J. Schultz, City Attorney

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AGENDA REPORT

Department: Police Department
Prepared by: Alex Hernandez, Assistant Chief of Police Meeting Date: Tuesday, November 7, 2023
Approved by: Ben Martinez, Interim City Manager

SUBJECT:

Authorize Adding One (1) Full-Time Police Dispatch Supervisor and Removing One (1) Full-Time Police Dispatcher for Fiscal Year 2023-2024 and Onward.

RECOMMENDATION:

Adopt a Resolution E ntitled, “Resolution of the City Council of National City, California, Authorizing the Addition of O ne (1) Police Dispatch Sup ervisor and Removal of O ne Police Dispatcher from the Authorized Positions of the City.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

The City Council authorizes all full-time and career part-time staff positions as part of the Annual Budget Process . A report of the current authorized positions in the adopted FY24 budget is enclosed as Exhibit A. Authorization provides the budget appropriations to fund the salary and benefits of the positions, along with the approval needed for the departments to recruit and hire staff to fill those positions. Departments are not allowed to hire full -time or career part -time permanent employees without authorization for the position.

For decades, the Police Department ha s struggled to recruit and retain qualified Police Dispatchers. The department, along with the City Manager’s office and Human Resources, has been tackling this issue through a variety of changes, including the recruitment and retention bonus, revision of the assessment exam for entry -level candidates, increased recruitment marketing, continuous recruitment of lateral candidates, and training pay for part -time Police Dispatchers. Through the staff’s recent efforts, the number of new recruits to the division is increasing. The problem is narrowing to a training and retention rather than a recruitment issue.

Currently, the structure of the Police Communications division is as follows : one Police Support Services Manager, two Senior Police Dispatchers, and thirteen Police Dispatchers. Part -time Police Dispatchers and part-time Call Takers are hired as needed and when time permits.

There is another classification, Police Dispatch Supervisor (classification specification attached as Exhibit B), that exists a nd has a City Council-approved salary schedule within the Municipal Employees Association salary schedule. The Police Dispatch Supervisor classification has not been used in recent years and is not currently authorized for the current fiscal year.

The Police Department is requesting that the City Council authorize the addition of one Police Dispatch Supervisor and the removal of one Police Dispatcher from the FY24 authorized positions. The Police Dispatcher Supervisor will fall between the Police Support S ervices

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Manager and the Senior Police Dispatchers in the hierarchy of the division. This change will create an additional opening for internal promotion, with the hope that growth opportunities in responsibility and compensation will improve the retention of current Dispatch Center employees.

If approved tonight, the City will hold a closed promotional recruitment to fill the Police Dispatch Supervisor position. Ten (10) of the thirteen (13) Police Dispatcher positions are currently filled, leaving room to remove one (1) authorized position with no impact on current staff. The total number of authorized positions within the division will not change.

A Police Dispatch Supervisor does cost the City more than a Police Dispatcher, an increase of approximately $30,000 in total compensation per year. Because the Dispatch Center presently has vacancies, no additional budget appropriations are required in FY24 to fund this change.

However, in FY25 and beyond, this change will increase the General Fund budget by approximately $30,000 per year.

FINANCIAL STATEMENT:

Approval of this item will increase General Fund appropriations in FY25 and beyond by approximately $30,000 per year. The City’s five -year forecast is projecting deficits in FY25 and beyond, therefore the additional cost will come from the unassigned Gener al Fund - Fund Balance.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Public Safety

ENVIRONMENTAL REVIEW:

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

PUBLIC NOTIFICATION:

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

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A – FY24 Authorized Positions by Department
Exhibit B – Police Dispatch Supervisor Classification Specification Exhibit C – Resolution

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AUTHORIZED POSITIONS BY DEPARTMENT FY 2022
Adopted
FY 2023
Adopted
FY 2024
Adopted

CITY COUNCIL

1.00 1.00Confidential Assistant

4.00 4.00Councilmember 4.00 Executive Assistant IV 1.00

1.00 1.00Mayor 1.00 CITY COUNCIL Total 6.00 6.00 6.00

CITY CLERK

1.00 1.00City Clerk 1.00

1.00 1.00Deputy City Clerk 1.00

1.00 1.00Executive Secretary 1.00 CITY CLERK Total 3.00 3.00 3.00

CITY MANAGER

1.00 1.00Assistant City Manager 1.00

1.00 1.00City Manager 1.00

1.00Community Development Spec II

1.00Community Development Spec III 1.00

1.00 1.00Executive Assistant IV 1.00

1.00Information Technology Analyst

1.00 1.00Information Technology Manager 1.00

2.00 2.00Information Technology Technician 2.00

1.00 1.00Management Analyst II
Management Analyst III/PIO 1.00

1.00 1.00Senior Office Assistant 1.00

1.00Sr Info Technology Analyst 1.00
CITY MANAGER Total 10.00 10.00 10.00

FINANCE

2.00 2.00Accountant 2.00

5.00 2.00Accounting Assistant 2.00

1.00 1.00Administrative Technician 1.00

1.00 1.00Budget Manager 1.00

1.00 1.00Buyer 1.00

0.50 0.50Director Of Admin Services 0.50

1.00 1.00Financial Services Officer 1.00 * Starting in FY2022 Hourly/Non-benefited positions are no longer included in FTE count. Budgets for hourly positions can be found in the individual department pages of Section III of the document.

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AUTHORIZED POSITIONS BY DEPARTMENT FY 2022
Adopted
FY 2023
Adopted
FY 2024
Adopted
Management Analyst II 1.00

1.00 1.00Payroll Technician I 1.00

1.00Payroll Technician II 1.00

1.00 1.00Senior Accountant 1.00

1.00 2.00Senior Accounting Assistant 2.00 FINANCE Total 14.50 13.50 14.50

CITY ATTORNEY

1.00 1.00Assistant City Attorney 1.00

1.00 1.00City Attorney 1.00

1.00 1.00Deputy City Attorney 1.00

1.00 1.00Executive Assistant IV 1.00
CITY ATTORNEY Total 4.00 4.00 4.00

HUMAN RESOURCES

1.00Administrative Secretary

0.50 0.50Director Of Admin Services 0.50

1.00Executive Assistant IV 1.00

1.00 1.00Human Resources Manager 1.00

1.00 1.50Management Analyst II 1.50

1.00 1.00Senior Office Assistant 1.00 HUMAN RESOURCES Total 4.50 5.00 5.00

CITY TREASURER

1.00 1.00City Treasurer 1.00 CITY TREASURER Total 1.00 1.00 1.00
POLICE

1.00 1.00Administrative Secretary 1.00

2.00 3.00Animal Regulations Officer 2.00

1.00Assistant Chief Of Police 1.00

2.00 2.00Community Services Officer 2.00 Crime & Intelligence Analyst 1.00

1.00 1.00Crime Analyst

1.00 1.00Crime Scene Specialist 1.00

1.00 1.00Executive Assistant II 1.00 * Starting in FY2022 Hourly/Non-benefited positions are no longer included in FTE count. Budgets for hourly positions can be found in the individual department pages of Section III of the document.

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AUTHORIZED POSITIONS BY DEPARTMENT FY 2022
Adopted
FY 2023
Adopted
FY 2024
Adopted

1.00 1.00Information Technology Analyst 1.00

1.00Management Analyst II 1.00

2.00 2.00Police Captain 2.00

1.00 1.00Police Chief 1.00

21.00 21.00Police Corporal 21.00

11.00 11.00Police Dispatcher 13.00

1.00 1.00Police Investigator 1.00

5.00 5.00Police Lieutenant 5.00

44.00 46.00Police Officer 48.00

1.00 1.00Police Operations Assistant 1.00

5.00 5.00Police Records Clerk 5.00

1.00 1.00Police Records Supervisor 1.00

13.00 13.00Police Sergeant 13.00

1.00 1.00Police Support Services Mgr. 1.00

1.00 1.00Property & Evidence Spec I 1.00

1.00 1.00Property & Evidence Spec II 1.00

1.00 1.00Property & Evidence Supervisor 1.00

1.00 1.00Senior Office Assistant 1.00

2.00 2.00Senior Police Dispatcher 2.00

1.00 1.00Stop Grant Office Coordinator 1.00

1.00 1.00Training Coordinator 1.00 POLICE Total 123.00 128.00 131.00
FIRE

1.00 1.00Administrative Secretary

1.00 1.00Battalion Chief 1.00

1.00 1.00Deputy Fire Marshal 1.00

1.00 1.00Director Of Emergency Services
Executive Secretary 1.00

3.00 3.00Fire Battalion Chief 3.00

12.00 12.00Fire Captain 12.00 Fire Chief 1.00

9.00 9.00Fire Engineer 9.00

2.00 2.00Fire Inspector 3.00

20.00 20.00Firefighter 20.00 * Starting in FY2022 Hourly/Non-benefited positions are no longer included in FTE count. Budgets for hourly positions can be found in the individual department pages of Section III of the document.

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AUTHORIZED POSITIONS BY DEPARTMENT FY 2022
Adopted
FY 2023
Adopted
FY 2024
Adopted

1.00 1.00Management Analyst III 1.00

1.00 1.00Senior Office Assistant 1.00 FIRE Total 52.00 52.00 53.00

BUILDING & SAFETY

1.00 1.00Building Official 1.00

2.00 2.00Permit Technician 2.00

1.00 1.00Senior Building Inspector 1.00 BUILDING & SAFETY Total 4.00 4.00 4.00

ENGINEERING & PUBLIC WORKS

1.00 1.00Administrative Secretary 1.00

2.00 2.00Assistant Engineer-Civil 2.00

1.00Associate Civil Engineer 1.00

1.00Asst Director Engineering / PW 1.00

3.00 3.00Building Trades Specialist 3.00

1.00 1.00Civil Engineering Technician 1.00

7.00 7.00Custodian 7.00

1.00 1.00Director Of Pw/City Engineer 1.00

1.00 1.00Equip. Maint. Supervisor 1.00

3.00 3.00Equipment Mechanic 3.00

4.00 4.00Equipment Operator 4.00

1.00 1.00Executive Secretary 1.00

1.00 1.00Facilities Maint. Supervisor 1.00

1.00 1.00Lead Equipment Mechanic 1.00

1.00 1.00Lead Tree Trimmer 2.00

8.00 8.00Maintenance Worker 8.00

1.00 1.00Management Analyst II
Management Analyst III 1.00

4.00 4.00Park Caretaker 4.00

1.00 1.00Park Superintendent 1.00

1.00 1.00Park Supervisor 1.00

1.00 1.00Parks Equipment Operator 1.00 Permit Technician 1.00

1.00Principal Civil Engineer
* Starting in FY2022 Hourly/Non-benefited positions are no longer included in FTE count. Budgets for hourly positions can be found in the individual department pages of Section III of the document.

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AUTHORIZED POSITIONS BY DEPARTMENT FY 2022
Adopted
FY 2023
Adopted
FY 2024
Adopted

1.00 1.00Senior Civil Engineering Tech 1.00

1.00 1.00Senior Construction Inspector 1.00

2.00 2.00Senior Equipment Operator 2.00

1.00 1.00Senior Office Assistant 1.00

4.00 4.00Senior Park Caretaker 4.00

1.00 1.00Senior Traffic Painter 1.00

1.00 1.00St & Wastewater Maint Super 1.00

2.00 2.00Street Sweeper Operator 2.00

1.00 1.00Supervising Custodian 1.00

1.00 1.00Traffic Painter 1.00

1.00 1.00Tree Trimmer 2.00 ENGINEERING & PUBLIC WORKS Total 60.00 61.00 64.00

HOUSING AND ECONOMIC DEVELOPMENT

1.00 1.00Community Development Manager 1.00

1.00 1.00Community Development Spec II 1.00

1.00 1.00Dir Of Housing & Economic Dev 1.00

1.00 1.00Executive Assistant IV
Executive Secretary 1.00

1.00Homelessness Outreach Coordinator

2.00 2.00Housing Assistant 2.00

1.00Housing Inspector I

1.00 1.00Housing Programs Manager 1.00

5.00 5.00Housing Specialist 5.00

1.00 1.00Property Agent 1.00 Senior Accountant 1.00

1.00 1.00Senior Housing Specialist 1.00 HOUSING AND ECONOMIC DEVELOPMENT Total 15.00 15.00 15.00

NEIGHBORHOOD SERVICES

1.00 1.00Administrative Secretary 1.00

1.00Code Conformance Officer I

1.00 1.00Code Conformance Officer II

1.00 1.00Director Of Comm Development 1.00 Executive Secretary 1.00 * Starting in FY2022 Hourly/Non-benefited positions are no longer included in FTE count. Budgets for hourly positions can be found in the individual department pages of Section III of the document.

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AUTHORIZED POSITIONS BY DEPARTMENT FY 2022
Adopted
FY 2023
Adopted
FY 2024
Adopted

1.00 1.00Graffiti Removal Assistant 1.00

1.00 1.00Graffiti Removal Technician 1.00 Homelessness Outreach Coordinator 1.00

1.00Housing Inspector I 1.00

1.00 1.00Neighborhood Services Mgr 1.00

3.00 3.00Parking Regulations Officer 3.00

1.00 1.00Senior Office Assistant 1.00 Sr Code Conformance Officer 1.00
NEIGHBORHOOD SERVICES Total 10.00 12.00 13.00

LIBRARY

1.00 1.00Academic Enrichment Prog Coord 1.00

1.00 1.00Administrative Secretary 1.00 Circulation Supervisor 1.00
Librarian 2.00

0.50 0.50Library/Comm Svcs Director 0.50

0.50Management Analyst II 0.50

1.00 1.00Principal Library 1.00

1.00 1.00Senior Librarian 1.00

3.00 3.00Senior Library Technician
LIBRARY Total 7.50 8.00 8.00

COMMUNITY SERVICES

1.00Community Services Manager 1.00

1.00 1.00Executive Chef 1.00

0.75 0.75Food Services Worker 0.75

1.00 1.00Home Delivered Meals Coord 1.00

1.50 1.50Home Delivered Meals Driver 2.00

0.50 0.50Library/Comm Svcs Director 0.50

0.50Management Analyst II 0.50

1.00 1.00Nutrition Program Manager
Nutrtion Services Supervisor 1.00

2.75Recreation Center Supervisor
Recreation Program Coord 1.00

1.00Recreation Superintendent
* Starting in FY2022 Hourly/Non-benefited positions are no longer included in FTE count. Budgets for hourly positions can be found in the individual department pages of Section III of the document.

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AUTHORIZED POSITIONS BY DEPARTMENT FY 2022
Adopted
FY 2023
Adopted
FY 2024
Adopted

2.75Recreation Supervisor 2.75

1.00 1.00Senior Office Assistant 1.00

1.00 1.00Sous Chef 1.00 COMMUNITY SERVICES Total 11.50 12.00 13.50

PLANNING

1.00 1.00Assistant Planner 1.00

1.00 1.00Associate Planner 1.00 Community Health & Environ Planner 1.00

1.00 1.00Executive Secretary

1.00Planning Manager 1.00

1.00 1.00Planning Technician 1.00

1.00 1.00Principal Planner
PLANNING Total 5.00 6.00 5.00
Grand Total 331.00 340.50 350.00
* Starting in FY2022 Hourly/Non-benefited positions are no longer included in FTE count. Budgets for hourly positions can be found in the individual department pages of Section III of the document.

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POLICE DISPATCH SUPERVISOR CITY OF NATIONAL CITY
CLASS SPECIFICATION Approved: July 9, 2015

DEFINITION
Under direction, to train, evaluate, and supervise the work assigned to subordinate dispatchers in the Police Department’s Emergency Dispatch Unit; dispatch required equipment and personnel in accordance with standard policies and procedures as necessary; and perform related duties as required.

DISTINGUISHING CHARACTERISTICS
This is a working supervisory class that dispatches, assigns, and evaluates the activities of staff involved in the dispatching function. May be subject to shift work.

EXAMPLES OF TYPICAL DUTIES
Functions may include, but are not limited to, the following: supervise, direct, participate and oversee incoming service request by telephone on 911 emergency and business lines; obtain information on the nature of the request/emergency, the location, and telephone number on caller, name of caller and other pertinent information, remaining on the line with the victim in emergency, as appropriate and creating a Computer Aided Dispatch (CAD) record of the information; supervise, assign, and review the work of assigned staff; review and evaluate employees work performance; work with employees to correct deficiencies; implement discipline procedures when appropriate; participate in the selection of staff and provide or coordinate staff training in work procedures; plan, assign and coordinate work schedules; assist in the evaluation of operations and activities of assigned responsibilities; recommend and implement improvements and modifications for work methods and procedures; recommend and assist in the implementation of goals and objectives; assist in budget preparation regarding anticipated equipment, material and supply requirements and directs the requisitioning of materials, supplies and equipment for communication center; order, pick up, and deliver supplies; ensure adequate supply inventory; analyze requests for police service, determine priority ranking of each request and the kind and level of service to be dispatched in initial response; determine available units to dispatch; dispatch personnel and equipment according to standard operational procedures, instructions from a supervisor or by individual judgement as required; refer difficult or extremely serious calls to supervisor; listen to each radio transmission from police personnel in the field, acknowledging and complying with requests for action or information; place telephone calls to other police jurisdictions, City departments, City emergency crews, vehicle tow companies, ambulance services, coroner, relatives of victims, telephone and utility companies, alarm company, traffic signal maintenance and other services concerning an emergency; maintain detailed records of the time and nature of each call; operate Computer Aided Dispatch (CAD) system equipment, TDD and other office equipment; operate Teletype and computer terminal to check for registered owners of vehicles and other information; refer to maps and reference materials to secure information needed by personnel in the field and for the dispatch function; take reports and relay messages by radio or telephone; maintain a CAD log of radio calls received and transmitted; type, issue case numbers, log departmental activities and perform routine clerical work; may instruct other personnel in the techniques and use of communications equipment; may perform minor or routine upkeep and maintenance of equipment; build and maintain positive working relationships with co-workers, other City employees and the public using principles of good customer service; perform other duties related to this position.

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Class Specification
Police Dispatch Supervisor

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________________________________________________

MINIMUM QUALIFICATIONS

Training and Experience: Any combination equivalent to training and experience that could likely provide the required knowledge, skills, and abilities will be qualifying. A typical way to obtain the required knowledge, skills, and abilities would be: Graduation from high school; and three (3) years of emergency service communications work (including radio and telephone) with a law enforcement agency.

Knowledge and Skills in: Proper operation and care of voice radio equipment; supervision principles and practices.

Ability to: Learn the rules and regulations of the Federal Communications Commission governing the operation of radio transmitters or receivers; type at a net rate of 40 words per minute from clear, legible copy; work under stress; exercise self-control and good judgment in emergency situations; study and maintain a knowledge of departmental policies and procedures, streets, and City geography; maintain clear and accurate records; follow written and oral instructions; speak clearly and distinctly; establish and maintain effective working relations with all levels of staff and the general public in routine as well as stressful situations.

LICENSES, CERTIFICATIONS, OR SPECIAL REQUIREMENTS
Possession of an approved certificate, less than one (1) year old, indicating an ability to type at a net rate of 40 words per minute may be required.

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RESOLUTION NO. 2023 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY , CALIFORNIA, AUTHORIZING THE ADDITION OF ONE (1) POLICE DISPATCH SUPERVISOR AND REMOVAL OF ONE (1) POLICE DISPATCHER FROM THE AUTHORIZED POSITIONS OF

THE CITY

WHEREAS, the City Council of the City of National City adopts the list of authorized full- time and career part-time staff positions to be filled in conjunction with the annual budget; and

WHEREAS, City Council authorization of positions approves the budget appropr iations for the related salary and benefits, along with approval for City departments to recruit and hire staff to fill those positions; and

WHEREAS, the National City Police Department, along with police departments nationwide, has struggled to fully staff the Police Dispatch Center; and

WHEREAS, the City is making strides in recruiting new Police Dispatchers; and WHEREAS, the Police Department is focused on retaining the Dispatchers the City has worked hard to recruit and train; and
WHEREAS, the Police Department is requesting to add a Police Dispatch Supervisor and remove a Police Dispatcher position to create a larger hierarchy within the division and create an opportunity for internal promotion; and
WHEREAS, the total number of authorized p ositions within the Dispatch Center will remain the same, but the specific positions will shift; and WHEREAS, an estimated annual cost of $30,000 for the increased salary and benefits will be absorbed within the fiscal year 2023-2024 adopted budget for Police personnel services; and WHEREAS, approval of the position change will increase General Fund appropriations in the Fiscal Year 2024-2025 and beyond by an estimated $30,000 a year; and WHEREAS, the increased cost will most likely come from the unassigned General Fund Fund balance.

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 addition of one Police Dispatch Supervisor and removal of one Police Dispatcher from the authorized positions of the City.

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

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PASSED and ADOPTED this 7th day of November, 2023.

Ron Morrison, Mayor

ATTEST:

Shelley Chapel, MMC, City Clerk

APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

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AGENDA REPORT

Department: City Manager's Office
Prepared by: Pedro Garcia, Economic Development Manager Meeting Date: Tuesday, November 7, 2023
Approved by: Ben Martinez, Interim City Manager

SUBJECT:

National City Chamber of Commerce Economic Development Agreement

RECOMMENDATION:

Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City , California, Authorizing the Mayor to Execute an Agreement between the City of National City and the National City Chamber of Commerce for a Not-to-Exceed Amount of $50,000 to A ssist in Economic Development Services.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

The Chamber of Commerce has been supporting the National City business community for over 100 years and has functioned continuously as the C ity’s largest civic organization. Their membership and support derives from more than 600 National City businesses a nd others throughout the San Diego region who are interested in advancing the commercial, industrial, and civic interests of the community.

The City of National City for many years has supported the National City Chamber of Commerce through shared goals of supporting our business community. The Chamber has also provided services to the City in support of the economic development goals adopted and prioritized by the City Council through a variety of programs.

On June 20, 2023, the City Council adopted the Fiscal Year 2024 budget allocating $50,000 for the National City Chamber of Commerce to be used for economic development services.

City staff is returning to the City Council with an agreement between the City of National City and the National City Chamber of Commerce to assist the City with economic development services in the National City business community through workforce development, small business support, business visits, and tourism. The full scope of services is outlined in the agreement Exhibit A. The below list are primary economic development services that will be provided by the National City Chamber of Commerce.

1. Weekly business visits

2. Marketing workshops for National City businesses

3. Development and promotion of an Automotive Industry Directory

4. Discover National City website – tourism

5. Ongoing job postings for National City businesses

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FINANCIAL STATEMENT:

Expenditures for this p rogram will be from General Fund 001 -403-476-650-0000 (City Manager Agency Contributions)

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.

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A - Agreement
Exhibit B - Scope of Services
Exhibit C - Resolution

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AGREEMENT

BY AND BETWEEN

THE CITY OF NATIONAL CITY
AND

NATIONAL CITY CHAMBER OF COMMERCE

THIS AGREEMENT is entered into on this 7th day of November, 2023, by and between the CITY OF NATIONAL CITY, a municipal corporation (the “CITY”), and NATIONAL CITY CHAMBER OF COMMERCE, a non-profit (the “CONSULTANT”).

R E C I T A L S
WHEREAS, the CITY desires to employ a CONSULTANT to provide economic development services for businesses in the City of National City, California.

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

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

1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT to provide economic development services for businesses located in the City of National City, California, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein.

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

2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on November 7, 202 3. The duration of this Agreement is for the period of November 7, 2023 through November 6, 2024. Completion dates or time durations for s pecific portions of the project are set forth in Exhibit “A”. This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year term. The Parties may exercise up to three one-year extensions. Any extension of this Agreement must be approved in writing by the City Manager’s Office.

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

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

The CITY may unilaterally, or upon request from the CONSULTANT, from time to time, reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith

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Standard Agreement Page 2 of 12 City of National City and Revised February 2023 National City Chamer of Commerce and confer for the purpose of negotiating a corresponding reduction o r increase in the compensation associated with said change in services.

4. PROJECT COORDINATION AND SUPERVISION . City Manager’s Office hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. National City Chamber of Commerce thereby is designated as the Project Director for the CONSULTANT.

5. COMPENSATION AND PAYMENT . The compensation for the
CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked , and materials, if any. The total cost for all work described in Exhibit “A” shall not exceed $50,000. The compensation for the CONSULTANT’S work shall not exceed the rates set forth in Exhibit “A”. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit “A”, as determined by the CITY.

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

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

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

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

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

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Standard Agreement Page 3 of 12 City of National City and Revised February 2023 National City Chamer of Commerce The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium , or method utilize the CONSULTANT’S written work product for the CITY’S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works.

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

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

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

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

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

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

11. LICENSES, PERMITS, ETC . The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. CONSULTANT must promptly produce a copy of any such license, permit, or approval to CITY upon request. The CONSULTANT represents and covenants

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Standard Agreement Page 4 of 12 City of National City and Revised February 2023 National City Chamer of Commerce that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession.

12. STANDARD OF CARE.

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

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

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

13. NON-DISCRIMINATION PROVISIONS . The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical h andicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to pos t in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause.

14. CONFIDENTIAL INFORMATION . The CIT Y may , from time to time , communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 1 4, however, shall not apply to any

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Standard Agreement Page 5 of 12 City of National City and Revised February 2023 National City Chamer of Commerce part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the po ssession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.

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

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

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

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

16. EMPLOYEE PAYMENTS AND INDEMNIFICATION.

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

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

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Standard Agreement Page 6 of 12 City of National City and Revised February 2023 National City Chamer of Commerce

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

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

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

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

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

B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicl es. The policy shall name the CITY and its officers, agents , employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided.

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

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National City City CouncilNovember 7, 2023

National City City Council
November 7, 2023