National City City Council
December 5, 2023

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.

Sign up for E-Notifications to receive alerts when items are posted.

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

Public Comment: Persons wishing to address the City Council on matters not on the agenda may do so under Public Comments. Those wishing to speak on items on the agenda may do so when the item is being considered. Please submit a Speaker’s Slip to the City Clerk 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 self-report a Declaration of Campaign Contribution to a Councilmember of more than $250 within the past year (effective Jan 1, 2023). This report may be included on the Public Comment Speaker Slip to be completed 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.

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
Gracias por participar en las reuniones del gobierno local y del Consejo de la Ciudad de National City.

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

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

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

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

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

Por favor, 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, December 5, 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 8

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

7.1 Presentation of 2024 Storm Water Calendar Winners

7.2 ARTS Annual Presentation 9

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

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

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

9.2 Approval the Local Appointments List – Maddy Act Requirement 27 Recommendation:

Approve the Local Appointments List for 2024 and Authorize the City Clerk to post the list at City Hall and Post End of Term Vacancies on the City Website.

9.3 Acceptance of State Active Transportation (ATP) Program Funding for the Construction Phase of the National City Bicycle Wayfinding Project. 33 Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Establishment of an Appropriation of $832,000 and a Corresponding Revenue Budget for the Construction Phase of the National City Bicycle Wayfinding Project, Reimbursable through the State Active Transportation Program Approved by Caltrans.”

9.4 Affordable Housing Density Bonus Agreement for 200 E 31st Street 40 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 KD Cove, LLC, a California Limited Liability Company, and Restricting the Rent and Occupancy of Five Units to Very-Low-Income Households in Exchange for One Incentive Pursuant to California Government Code Sections 65915–65918 for the Development of 92 Housing Units Located at 200 E 31st Street in National City.”

9.5 Approval of Amendment to Agreement with San Diego County for Nutrition Services
77 Recommendation:

Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Ratifying Amendment 11 to County Contract 561763, Increasing the Senior Nutrition Infrastructure Grant by an Amount of $59,676 Resulting in a New Maximum Agreement Amount of $1,939,607, and Authorizing an Increase of $7,090 in Appropriations for Nutrition Center Kitchen Equipment with a Corresponding Increase in Revenue.”

9.6 Approving the Second Amendment to an Agreement Between the City of National City and SCI Consulting Group to Provide Cannabis-Related Management and Monitoring Services.
146
Recommendation:

Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Approving the Second Amendment to an Agreement Between the City of National City and SCI Consulting Group for Cannabis Related Management and Monitoring Services for a Not-to-Exceed Amount of $100,880.”

9.7 Approval of the Agreement between the City of National City and SCI Consulting Group.
151
Recommendation:

Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the City Manager to Enter into an Agreement Between the City of National City and SCI Consulting Group for Cannabis Related Management and Monitoring Services for a Not-to-Exceed Amount of $27,500.”

9.8 Authorize the City Manager to Execute a Third Amendment with Claims Management Associates, Inc., Extending the Term by One Year and Increasing the Not-to-Exceed Amount by $80,000.
177
Recommendation:

Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the City Manager to Execute a Third Amendment to the Agreement with Claims Management Associates, Inc. to Extend the Term of the Agreement by One Year and Increase the Not-toExceed Amount by $80,000.”

9.9 Authorizing Submittal of Individual Grant Applications for All California Department of Resources Recycling and Recovery (CalRecycle) Grant Programs for which the City of National City is Eligible. 183
Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing Submittal of Individual Grant Applications for all California Department of Resources Recycling and Recovery Grant Programs for which the City of National City is Eligible.”

9.10 Civil Service Rule VII Amendment – Employee Performance Reports 186 Recommendation:

Adopt the Resolution Entitled “Resolution of the City Council of the City of National City, California, Amending Civil Service Rule VII – Employee Performance Reports.”

9.11 Development Impact Fees Annual Report Fiscal Year 2022-23 197 Recommendation:

Accept and file the report.

9.12 Installation of two (2), 3-minute passenger loading spaces in front of Mommy’s Creative Thinkers Daycare located at 834 Delta Street, valid Monday through Friday from 7:30 a.m. to 8:30 a.m. and 3:00 p.m. to 5:00 p.m. 208
Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Installation of Two (2), 3-minute passenger loading spaces in front of Mommy’s Creative Thinkers Daycare located at 834 Delta Street, valid Monday through Friday from 7:30 a.m. to 8:30 a.m. and 3:00 p.m. to 5:00 p.m.”

9.13 Installation of “No Parking Vehicles Over 6’ High” signs to prohibit parking for oversized vehicles in front of the property at 2240 Cleveland Avenue. 218
Recommendation:

Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, Authorizing the Installation of “No Parking Vehicles Over 6’ High” Signs to Prohibit Parking for Oversized Vehicles on the North and South Sides of W. 23rd Street, West of Cleveland Avenue and on the West Side of Cleveland Avenue, North of E. 23rd Street, in Front of the Property at 2240 Cleveland Avenue.

9.14 Installation of a Blue Curb Disabled Persons Parking Space with Signage in Front of the Residence at 318 S Kenton Avenue.
230
Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Installation of a Blue Curb Disabled Persons Parking Space with Signage in Front of the Residence at 318 S Kenton Avenue.”

9.15 Notice of Decision - Conditional Use Permit for a Drive-Through Coffee Shop (Dutch Bros Coffee) to be Located at 1638 East Plaza Boulevard. 245
Recommendation:

Staff Recommends Approval of the Operation of a Drive-Through Coffee Shop, Subject to the Recommended Conditions in the Attached Resolution and a Determination that the Project is Exempt from CEQA. The Operation of a DriveThrough Coffee Shop is a Conditionally Allowed Use in the Major Mixed-Use District (MXD-2) Zone.

9.16 Ratification of a Subordination Agreement for an Affordable Housing Density Bonus Agreement for 1105 National City Blvd.
313
Recommendation:

Adopt the Resolution Entitled, “Resolution of the City Council of the City Of National City, California, Ratifying A Subordination Agreement with National City Pacific Associates, LLP, A California Limited Partnership, and the California Housing Finance Agency, Subordinating the Deed of Trust Securing the Performance of an Affordable Housing Density Bonus Agreement Entered Into on December 21, 2020 that Restricts 26 Housing Units at 1105 National City Boulevard in National City.”

9.17 Ratification of a Subordination Agreement for an Affordable Housing Density Bonus Development Located at 1628 Orange Street.
325
Recommendation:

Adopt the Resolution Entitled “Resolution of the City Council of the City of National City, California, ratifying a Subordination Agreement with Orange Street Partners, LLC, a California Limited Liability Company, and Quanta Finance Inc., Subordinating the Deed of Trust Securing the Performance of an Affordable Housing Density Bonus Agreement Entered into on December 12, 2022, that Restricts One Housing Unit at 1628 Orange Street in National City.”

9.18 Redevelopment Obligations Payment Schedule for Fiscal Year 2024-25 (ROPS 24-25) and Associated Administrative Budget (SUCCESSOR AGENCY) 335
Recommendation:

Adopt the Resolution Entitled, “Resolution of the Successor Agency to the Community Development Commission as the National City Redevelopment Agency, Approving the Recognized Obligation Payment Schedule (ROPS) for the Period July 1, 2024, Through June 30, 2025 (ROPS 24-25) with Expenditures Totaling $4,250,528, Approving the Associated Administrative Budget of $190,000, and Approving the Submittal of both to the County of San Diego Countywide Redevelopment Successor Agency Oversight Board.”

9.19 Warrant Register #13 for the period of 09/22/23 through 9/28/23 in the amount of $697,539.32
345
Recommendation:

Ratify Warrants Totaling $697,539.32

9.20 Warrant Register #14 for the period of 09/29/23 through 10/5/23 in the amount of $5,162,012.71
349
Recommendation:

Ratify Warrants Totaling $5,162,012.71

9.21 Warrant Register #15 for the Period of 10/6/23 through 10/12/23 in the Amount of $6,124,140.24.
356
Recommendation:

Ratify Warrants Totaling $6,124,140.24

9.22 Warrant Register #16 for the period of 10/13/23 through 10/19/23 in the amount of $1,941,585.88.
361
Recommendation:

Ratify Warrants Totaling $1,941,585.88

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

10.1 Second Reading and Adoption of Ordinance Establishing Speed Limits Based on Engineering and Traffic Surveys.
367
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.

10.2 TEFRA Hearing Union Tower 394
Recommendation:

Adopt the Resolution Entitled “Resolution of the City Council of the City of National City, California, Authorizing the Approval of a Plan of Finance Including the Issuance of Revenue Bonds by the California Municipal Finance Authority in an Aggregate Principal Amount Not-To-Exceed $45,000,000 to Finance and Refinance a Qualified Residential Rental Project for the Benefit of an Ownership Entity to be Created by Wakeland Housing and Development Corporation”.

11. STAFF REPORTS

11.1 Appointments of City Councilmember to Regional Boards and Committees for Outside Agencies
400
Recommendation:

Mayor to Appoint with City Council Consensus to Certain Regional Boards and Committees. Adopt Resolutions Memorializing the Appointments for the Use by Other Agencies: (1) Resolution of the City Council of the City of National City, California, Appointing Members of the City Council to the San Diego Association of Governments (SANDAG) Board of Directors; (2) Resolution of the City Council of the City of National City, California, Appointing Members of the City Council to the San Diego County Water Authority Board of Directors; and (3) Resolution of the City Council of the City of National City, California, Appointing Members of the City Council to the Various Regional Committee Assignments.

11.2 Selection of Vice-Mayor for 2024 408
Recommendation:

Selection of a Councilmember as Vice-Mayor May be Accomplished by Approval of a Motion per the Policy.

11.3 Discussion of the Levine Act – Post SB 1439 411
Recommendation:

Receive and file.

11.4 Verbal Report-Out of Salary and Benefits in the Employment Agreement of the City Manager as Required by the Brown Act.
432
Recommendation:

Consider Adoption of the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Appointing Benjamin A. Martinez as City Manager and Authorizing the Mayor to Execute an Employment Agreement between the City of National City and Benjamin A. Martinez with the Effective Date of December 5, 2023.”

12. CITY MANAGER’S REPORT

13. ELECTED OFFICIALS REPORT

14. CITY ATTORNEY REPORT

15. ADJOURNMENT
Regular Meeting of the City Council of the City of National City - Tuesday, January 16, 2024 - 6:00 p.m. - Council Chambers - National City, California.

OUR MISSION

FINANCIAL IMPACT REPORT, 2022-2023
Annual Amount Due to City
Projects
& Events
$125,000
41 TOTAL PROJECTS
$268,892

FINANCIAL IMPACT

NATIONAL CITY PARTICIPANTS
547

OPEN STUDIO
NUMBER OF EVENTS: 14
We invite artists of all ages, parents, educators
and community members to join us to create
your own artwork and collaborate with other
artists in our space. Our teaching artists will be
there to provide inspiration and themed
materials for the day.

STEAM Day 2023

Open Houses in Fall 2022 and Spring 2023 were
the culminating experiences of our programming
seasons, with an exhibition of youth work in the
ARTS Gallery, panels and performances led by
program participants, and hundreds of guests –
from family and friends, to neighborhood
residents and community leaders.

OPEN HOUSE & YOUTH ARTS FESTIVAL

7 1700 21

YOUTH AND

COMMUNITY

EXHIBITIONS VISITORS
OVER

COMMUNITY

WORKSHOPS
& EVENTS

ARTS GALLERY

NATIONAL CITY YOUTH PARTICIPANTS
98 15

TOTAL PROGRAMS
$468,780

FINANCIAL IMPACT

PROGRAMS

Creative art and
community design
programs for youth
ages 8-18, at the ARTS
Center in National City
Connecting high
school students with
meaningful exposure
to creative careers
through internships &
hands-on experiences
Bringing visual and
media arts education
to school campuses
through communityfocused creative
projects and
workshops
Integrated creative
projects with a
healing-centered
engagement lens, for
justice-impacted
youth ages 14-19

N

ATIONAL SCHOOL DISTRI
C
T
FALL 2023
200+ STUDENTS AND GROWING!
ARTS On Campus brings fun,
hands-on, after-school
programming to all 10 National
School District schools for
students 3rd - 6th Grade.

“HANDMADE”

YOUTH ARTS FESTIVAL
SATURDAY, DECEMBER 9, 2023
12:00PM - 3:00 PM

ARTS CENTER

KIMBALL COURT MURAL
COMPLETED PROJECTS - Page 21 of 441 2023
UPCOMING PROJECTS - 2024
Sister Cities Gateway (Kimball Park)
Eastside I-805 Community Greenbelt
Public Art project (W.18th & Hoover)
W. 19th St. Underpass
LITTLE LIBRARY INSTALLATIONS - 2023

ARTS & ECONOMIC

PROSPERITY IN

NATIONAL CITY

IMPACT DATA -

NATIONAL CITY
286 SURVEYS COLLECTED IN NATIONAL

CITY AT ARTS AND CULTURE EVENTS

We look forward to contributing to creative elements / public art as part of capital Improvment projects, beautifying local parks, and through art consultancy to advance the emerging public art program for the City of National City. Together, we are building a regional model for collaboration between local government and a community—based organization focused
on creative youth development and arts & culture.

James Halliday
[email protected]
ARTS Executive Director

AGENDA REPORT
Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC, City Clerk
Meeting Date: Tuesday, December 5, 2023
Approved by: Ben Martinez, Interim City Manager
SUBJECT:

Approval the Local Appointments List – Maddy Act Requirement RECOMMENDATION:

Approve the Local Appointments List for 2024 and Authorize the City Clerk to post the list at City Hall and Post End of Term Vacancies on the City Website.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

California Government Code 54970-54974 requires on or before December 31 of each year, each legislative body shall prepare an appointments list of all regular and ongoing boards, commissions, and committees which are appointed by the legislative body of the local agency.

This list shall be known as the Local Appointments List.

The Appointments List serves to provide awareness of the opportunities to serve on local regulatory and advisory boards, commissions and committees.

Any unscheduled vacancy that may occur during 2024 will be determined a special vacancy and notice shall be posted at City Hall and the City Website pursuant to Section 54973-54974 of the Government Code not earlier than twenty (20) days before and not later than twenty (20) days after the vacancy occurs. Final appointment to the Board/Commission/Committee shall not be made by the legislative body for at least ten (10) working days after the posting of the notice in the Clerk’s Office.

Discussion:

In compliance with the requirements of Government Code Section 54970, the following Local Appointments List is posted on an annual basis. The List presents all current members of the City Boards/Commissions/Committees and the dates of the terms.

Civil Service Commission consists of up to five (5) members who are appointed by the City Council and are required to be a resident of National City. The City Council appoints the members for a term of five (5) years. The Civil Service Commission recommends to the City Council, after a public hearing, the adoption, amendment or repeal of Civil Service Rules and Regulations not in conflict with the Government Code; hears appeals of any person in the classified service relative to any suspension, demotion or dismissal; and makes any investigation concerning the administration of personnel in the municipal service and reports its findings to the City Council and the City Manager.

Community and Police Relations Commission consists of eight (8) individuals appointed by the Mayor with the approval of the City Council. Of the eight (8) members, seven (7) shall be voting members, and one (1) shall be non-voting members. Of the seven (7) voting members, five (5) shall be residents of the City of National City, and up to two (2) nonresidents. The non-voting member shall be a member of the National City Police Officers’ Association. The term of the members shall be for three (3) years.

Board of Library Trustees coordinates the activities of the City Library; advises the City Librarian on operational policies; approves warrants; and recommends to the City Council the adoption of rules and regulations, as it may deem necessary for the administration and protection of the City Library. The Board of Library Trustees consists of five (5) members plus an alternate, appointed by the Mayor with the approval of the City Council for a three (3) year term. The Library Board of Trustees is regulated by Education Code Section 18900 et seq., National City Municipal Code Chapter 16.01 Board of Library Trustees and Resolution 8210.

Parks, Recreation and Senior Citizens Advisory Committee consists of seven (7) members to be appointed by the Mayor with the approval of the City Council, each for a term of three (3) years. The Parks, Recreation and Senior Citizens Advisory Committee acts in an advisory capacity to the City Council in matters of policy and administration of city owned parks and the recreation programs operated within the parks and recreation centers; investigates and reports on related matters as referred by the Council; and submits recommendations to Council on related subjects which the Committee deems important.

Planning Commission/Housing Advisory Committee consists of seven (7) members appointed by the City Council for a term of four (4) years. The Planning Commissioners are required to be residents of the City. The Planning Commission is appointed to consider land use planning matters. The Commission renders determinations and makes recommendations to the City Council on a variety of land use matters, including changes to the City’s General Plan, Specific Plans and Land Use Code. They also provide discretionary review for land use matters such as Conditional Use Permits, Variances, and Subdivisions. The Planning Commission also serves on the Housing Advisory Committee and adds two (2) additional members, one (1) of which may be a non-resident. This additional committee provides input on housing related matters such as the Housing Element and the Focused General Plan Update and plays a role in moving forward housing programs and projects.

Port Commission consists of one (1) member appointed by the City Council for a four (4) year term to represent the interests of the City of National City.

Public Art Committee consists of five (5) members plus an alternate, who are appointed by the Mayor with the approval of the City Council, to serve three (3) year terms. The Public Art Committee acts in an advisory capacity to the City Council in matters of policy and selection of public art installed anywhere in the City.

Sweetwater Authority consists of two (2) members appointed by the Mayor with the approval of the City Council for a four (4) year term to represent the interests of the City of National City. The two appointees hold two of the seven seats that comprise the Sweetwater Authority’s Board of Directors.

Traffic Safety Committee consists five (5) members who are appointed by the Mayor with the approval of the City Council for three (3) year terms. The Traffic Safety Committee

reviews and makes recommendations on matters related to vehicular and pedestrian safety within the City of National City. As directed by the City Council, the Traffic Safety Committee conducts investigations and reports on safety issues requested by appropriate public agencies and responsible private citizens / private organizations.

FINANCIAL STATEMENT:

Not Applicable
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Communication and Outreach
ENVIRONMENTAL REVIEW:

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

PUBLIC NOTIFICATION:

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

ORDINANCE:

Not Applicable
EXHIBITS:

Exhibit A – Local Appointments List

CITY OF NATIONAL CITY
LOCAL APPOINTMENTS LIST 2024
In compliance with the requirements of Government Code Section 54970, the following Local Appointments List is posted on an annual basis. The List presents all current members of the City Boards/Commissions/Committees and the dates of the terms.

CIVIL SERVICE COMMISSION*
Position Member Term Appointed Term Expires
Chair Paul Wapnowski 5-years 09/5/2023 09/30/2028
Vice-Chair Rafael Courtney 5-years 10/20/2020 09/30/2025 Commissioner Leslie Coyote 5-years 09/30/2019 09/30/2024 Commissioner Thomas Luna 5-years 08/03/2021 09/30/2024
Commissioner Sean Sampsell 5-years 04/18/2023 09/30/2027 COMMUNITY AND POLICE RELATIONS COMMITTEE*
Position Member Term Appointed Term Expires
Chair Michael Lesley 3-years 03/07/2023 03/31/2026
Vice-Chair Daniel Orth 3-years 03/15/2022 03/31/2025
Member Zachary Francisco-Gomez 3-years 03/07/2023 03/31/2026 Member Andy Y. Sanchez 3-years 04/06/2021 03/31/2024
Member Darin Dorsey 3-years 03/07/2023 03/31/2024
Member Jacqueline Ellis 3-years 03/07/2023 03/31/2024
Member William Phillips 3-years 03/15/2022 03/31/2025
BOARD OF LIBRARY TRUSTEES*
Position Member Term Appointed Term Expires
President Margaret Godshalk 3-years 09/05/2023 09/30/2026 Secretary H. Bradley Bang 3-years 09/21/2021 09/30/2024 Member-Trustee Jissan Ravanilla 3-years 09/05/2023 09/30/2024 Member-Trustee Cindy Lopez 3-years 04/18/2023 09/30/2025 Member-Trustee Jake Zindulka 3-years 09/05/2023 09/30/2024 Member-Trustee Patricia McGhee (Alternate) 3-years 09/05/2023 09/30/2026

PARK, RECREATION & SENIOR CITIZENS ADVISORY COMMITTE
Position Member Term Appointed Term Expires
Chair Nora McMains 3-years 09/20/2022 09/30/2025
Member Jennelyn de Mesa Luna 3-years 09/05/2023 09/30/2026 Member Joseph Crawford 3-years 09/05/2023 09/30/2026
Member Rueben Felizardo 3-years 09/21/2021 09/30/2024
Member Ignacio Navarro Jr. 3-years 03/07/2023 03/31/2026 Member Alexander Fernandez 3-years 03/07/2023 03/31/2026 Member Vacant 3-years 09/30/2024
PLANNING COMMISSION*
Position Member Term Appointed Term Expires
Chair Richard Martin Miller 4-years 03/15/2022 03/31/2026 Vice-Chair Randi Marie Castle 4-years 03/15/2022 03/31/2026 Commissioner William J. Sendt 4-years 06/02/2020 03/31/2024 Commissioner Ricardo Sanchez 4-years 07/05/2020 09/30/2024 Commissioner Claudia E. Valenzuela 4-years 04/20/2021 03/31/2025 Commissioner Pearl Quinones 4-years 04/18/2023 03/21/2027 Commissioner Liliana Armenta 4-years 04/18/2023 03/21/2027

PORT COMMISSION
Position Member Term Appointed Term Expires
Commissioner Sandy Naranjo 4-years 12/02/2020 12/02/2024

PUBLIC ART COMMITTEE
Position Member Term Appointed Term Expires
Chair William A. Virchis 3-year 09/05/2023 09/30/2026
Member Jose A. Lopez 3-year 09/21/2021 09/30/2024
Member Ryan Johnson 3-year 09/20/2022 09/30/2025
Member Jacqueline Schliapnik 3-year 09/20/2022 09/30/2025 Member Charles Reilly 3-year 02/01/2022 09/30/2024
Member Catrina Bush (Alternate) 3-year 04/18/2023 09/30/2024

SWEETWATER AUTHORITY – CITIZEN ADVISORY COMMITTEE
Position Member Term Appointed Term Expires
Primary William Sendt 4 years 12/31/2022 12/31/2026
Alternate Aida Castaneda 4 years 12/31/2022 12/31/2026

TRAFFIC SAFETY COMMITTEE
Position Member Term Appointed Term Expires
Member Kelly Piper 3-years 09/30/2022 09/30/2025
Member Cynthia Fuller Quinonez 3-years 09/20/2022 09/30/2025 Member Christopher Coyote 3-years 09/20/2022 09/30/2024 Member Marisa Rosales 3-years 09/21/2021 09/30/2024
Member Rafael Cotero 3-years 09/05/2023 09/30/2026
HOUSING ADVISORY COMMITTEE*
Position Member Term Appointed Term Expires
Chair Richard Martin Miller 4-years 03/15/2022 03/31/2026 Vice-Chair Randi Marie Castle 4-years 03/15/2022 03/31/2026 Member Ricardo Sanchez 4-years 07/05/2020 09/30/2024
Member Mayra A. Valdez 4-years 03/15/2022 03/31/2026
Member William J. Sendt 4-years 06/02/2020 03/31/2024
Member Claudia E. Valenzuela 4-years 04/20/2021 03/31/2025 Member Pearl Quinones 4-years 04/18/2023 03/21/2027
Member Liliana Armenta 4-years 04/18/2023 03/21/2027
Member Denise Kosterlistzky 4-years 04/18/2023 03/31/2027 *Individual appointed to this Board/Commission/Committee is subject to the Fair Political Practices Commission regulations and must file a Statement of Economic Interest within 30 days of appointment.

AGENDA REPORT
Department: Engineering and Public Works
Prepared by: Luca Zappiello, Associate Engineer - Civil Meeting Date: Tuesday, December 5, 2023
Approved by: Ben Martinez, Interim City Manager
SUBJECT:

Acceptance of State Active Transportation (ATP) Program Funding for the Construction Phase of the National City Bicycle Wayfinding Project.

RECOMMENDATION:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Establishment of an Appropriation of $832,000 and a Corresponding Revenue Budget for the Construction Phase of the National City Bicycle Wayfinding Project, Reimbursable through the State Active Transportation Program Approved by Caltrans.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

On January 30, 2019, the California Department of Transportation (Caltrans) awarded a $942,000 State Active Transportation Program (ATP) grant for the Citywide Bike Wayfinding Project. The State has allocated $15,000 for the Environmental and Permits Phase, $95,000 for the Plans, Specifications, and Estimates (PS&E) phase and $832,000 for the Construction phase.

On March 25, 2020, Caltrans authorized the City to proceed with the Environmental & Permits phase in the amount of $15,000 with no local match.

On June 2, 2020, the City Council adopted Resolution No. 2020-98 authorizing the Mayor to execute Program Supplement Agreement (PSA) No. U51 with Caltrans for the Citywide Bike Wayfinding Project to allow for reimbursement of up to $15,000 in eligible project expenditures through the State ATP fund.

On December 9, 2021, Caltrans authorized the City to proceed with the PS&E phase in the amount of $95,000 with no local match.

On March 15, 2022, the City Council adopted Resolution No. 2022-44 authorizing the Mayor to execute Program Supplement Agreement (PSA) No. U51 Rev 1 with Caltrans for the Citywide Bike Wayfinding Project to allow for reimbursement of up to $95,000 in eligible project expenditures through the State ATP fund.

On May 4, 2023, Caltrans authorized the City to proceed with the Construction phase in the amount of $832,000 with no local match.

The project proposes to install more than 100 signs and approximately four kiosks at key decision points throughout the City’s recently constructed bicycle network, consistent with the City’s Bicycle Master Plan. The wayfinding signs will direct people on bikes to important destinations such as schools, transit stations, community centers, and parks. The signs will be retroreflective and have an anti-graffiti coating installed.

SANDAG has provided design guidance on the wayfinding signage across the San Diego Region that should be adhered to on all regional bike projects. In the attached Proposed Bikeway Signage exhibit, the “GO by BIKE REGIONAL SIGNAGE” (top left) is consistent with SANDAG’s guidelines and will be installed on regional bicycle wayfinding locations per the attached Project Improvement Map. Additionally, SANDAG encourages local jurisdictions to apply the design principles to local bikeway signage (bottom left), which will be installed on local bicycle wayfinding locations per the attached Project Improvement Map.

Staff recommends authorizing the appropriation of $832,000 with a corresponding revenue budget for the construction phase of the National City Bicycle Wayfinding project, reimbursable through the State Active Transportation Program approved by Caltrans.” Construction is anticipated to start in the Spring of 2024 and be completed before the end of 2024.

FINANCIAL STATEMENT:

ATP Grant (CON): $832,000
Revenue: 296-01925-3463
Expense: 296-409-500-598-1925
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Transportation Choices and Infrastructure
ENVIRONMENTAL REVIEW:

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

PUBLIC NOTIFICATION:

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

ORDINANCE:

Not Applicable
EXHIBITS:

Exhibit A – Location Map
Exhibit B – Finance Letter
Exhibit C – Resolution

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Project Improvement Map
0 1/2 MILE 1 MILE
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0 1/2 MILE 1 MILE

EXISTING BIKE INFRASTRUCTURE

CURRENTLY IN-DESIGN BIKE INFRASTRUCTURE

PROPOSED BIKE NFRASTRUCTURE

EXISTING PEDESTRIAN PATH

CURRENTLY IN-DESIGN PED PATH

PROPOSED PEDESTRIAN PATH

PARK LOCATIONS

INSTITUTIONAL LOCATIONS

SHOPPING/RETAIL LOCATIONS

REGIONAL TRANSIT STATION

BLUE LINE TROLLEY

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SWEETWATER BIKE WAY

PROPOSED LOCAL BICYCLE

WAYFINDING LOCATIONS

PROPOSED REGIONAL BICYCLE

WAYFINDING LOCATIONS

INFORMATION KIOSKS LOCATIONS

CITY OF SAN
DIEGO

CITY OF SAN
DIEGO

COUNTY OF

SAN DIEGO

COUNTY OF

SAN DIEGO

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NATIONAL CITY BIKE WAYFINDING PLAN

PEDESTRIAN AND BICYCLE CONNECTIVITY
JULY 2018

PROPOSED BIKEWAY SIGNAGE
GO by BIKE REGIONAL SIGNAGE

PROPOSED CITY BIKEWAY SIGNAGE PROPOSED ORIENTATION KIOSK La Mesa
SDSU
City Heights

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RESOLUTION NO. 2023 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE ESTABLISHMENT OF AN APPROPRIATION OF $832,000 AND A

CORRESPONDING REVENUE BUDGET FOR THE CONSTRUCTION PHASE OF THE

NATIONAL CITY BICYCLE WAYFINDING PROJECT, REIMBURSABLE THROUGH THE STATE ACTIVE TRANSPORTATION PROGRAM APPROVED BY CALTRANS.

WHEREAS, on January 30, 2019, the California Department of Transportation (“Caltrans”) awarded a $942,000 State Active Transportation Program (“ATP”) grant to the City of National City (“City”) for the Citywide Bike Wayfinding Project (“Project”); and WHEREAS, the $942,000 award was distributed by three Project phases, Environmental & Permits (“PA/ED”) - $15,000, Preliminary Engineering (“PS&E”) - $95,000, and Construction - $832,000; and
WHEREAS, on March 25, 2020, Caltrans authorized the City to proceed with the PA/ED phase in the amount of $15,000 with no local match; and WHEREAS, on June 2, 2020, City Council adopted Resolution No. 2020-98 authorizing the Mayor to execute Program Supplement Agreement (“PSA”) No. U51 with Caltrans for the Project to allow for reimbursement of up to $15,000 in eligible Project expenditures through the ATP grant; and
WHEREAS, on December 9, 2021, Caltrans authorized the City to proceed with the PS&E phase in the amount of $95,000 with no local match; and WHEREAS, on March 15, 2022, City Council adopted Resolution No. 2022-44 authorizing the Mayor to execute PSA No. U51 Rev 1 with Caltrans for the Project to allow for reimbursement of up to $95,000 in eligible Project expenditures through the ATP grant; and WHEREAS, on May 4, 2023, Caltrans authorized the City to proceed with the Construction phase in the amount of $832,000 with no local match; and WHEREAS, the Project proposes to install more than 100 signs and approximately four kiosks at decision points throughout the City’s recently constructed bicycle network, consistent with the City’s Bicycle Master Plan; and
WHEREAS, the wayfinding signs will direct people on bikes to important destinations such as schools, transit stations, community centers, and parks; and WHEREAS, City staff recommends City Council adopt this Resolution authorizing the establishment of an appropriation and corresponding revenue budget to allow for reimbursement of up to $832,000 in eligible Project expenditures through the ATP grant.

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 establishment of an appropriation of $832,000 and a corresponding revenue budget for the

construction phase of the National City Bicycle Wayfinding project, reimbursable through the State Active Transportation Program approved by Caltrans.

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 5th day of December, 2023.

Ron Morrison, Mayor
ATTEST:

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

Barry J. Schultz, City Attorney

AGENDA REPORT
Department: Housing Authority
Prepared by: Greg Rose, Property Agent
Meeting Date: Tuesday, November 21, 2023
Approved by: Ben Martinez, Interim City Manager
SUBJECT:

Affordable Housing Density Bonus Agreement for 200 E 31st 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 KD Cove, LLC, a California Limited Liability Company, and Restricting the Rent and Occupancy of Five Units to Very-Low-Income Households in Exchange for One Incentive Pursuant to California Government Code Sections 65915–65918 for the Development of 92 Housing Units Located at 200 E 31st Street in National City.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

KD Cove, LLC (“Developer”) plans to build a 92-unit project at 200 E 31st Street. The current zoning on the property allows the Developer to build 113 units by right. California Government Code 65915–65918 (“Density Bonus and Other Incentives”) entitles development projects to claim specific incentives or concessions provided that the development restricts a certain proportion of the units to low or very-low-income. The Developer is proposing to restrict five units as very-low income (50% Area Median Income), in exchange for one (1) incentive. The requested incentive is to remove common open space requirements for the project.

The Planning Division approved the incentive, which will be recorded in 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, 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 property tax base for the City. The Housing Authority will collect an annual monitoring fee of $215.00 per affordable unit and is subject to annual increases.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Housing and Community 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 – Background Information
Exhibit B – Density Bonus Agreement
Exhibit C - Deed of Trust
Exhibit D - Subordination Agreement
Exhibit E - Resolution

Attachment No. 1

BACKGROUND REPORT
California’s Density Bonus Law is a mechanism that 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 35% 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.

Attachment No. 1

• The project is a senior citizen housing development (no affordable units required). • 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, 2023, 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 60% 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; a waiver from common open space requirements. 50% Area Median Income Limits for National City effective April 1, 2023 Family Size 1 2 3 4 5 6 7 8
$48,250 $55,150 $62,050 $68,900 $74,450 $79,950 $85,450 $90,950 The site plans for the apartment project at 200 E 31 Street start on the following page.

18. (N) TRASH ENCLOSURE STRUCTURES, SEE A7.21. 19. SEE LANDSCAPE PLANS FOR SITE LANDSCAPING. 20. STAIRWAY ACCESS TO UPPER FLOORS. 21. OUTLINE OF ROOF SHOWN FOR REFERENCE. 22. OUTLINE OF WALLS ABOVE. 23. FOR SITE RETAINING WALLS AND FENCING LAYOUT SEE CIVIL GRADING PLANS, TYP. 24. VAN ACCESSIBLE PARKING SPACE (9' MIN. WIDTH) WITH ACCESS AISLE (8' MIN. WIDTH). INSTALL SIGNAGE WITH SYMBOL OF ACCESSIBILITY, AND SIGN "VAN ACCESSIBLE" MOUNTED BELOW. THE WORDS "NO PARKING" SHALL BE PAINTED ON THE GROUND WITHIN ACCESS AISLE, LOCATED TO BE VISIBLE TO TRAFFIC ENFORCEMENT OFFICIALS. 25. ADDITIONAL SIGN AT ACCESSIBLE PARKING SPACE STATING, "UNAUTHORIZED VEHICLES PARKED IN DESIGNATED HANDICAPPED SPACES NOT DISPLAYING DISTINGUISHING PLACARDS OR LICENSE PLATES ISSUED FOR PHYSICALLY DISABLED PERSONS MAY BE TOWED AWAY AT OWNER'S EXPENSE. TOWED VEHICLES MAY BE RECLAIMED AT ______ OR BY TELEPHONING_____." THE SIGN SHALL NOT BE LESS THAN 17" x 22" IN SIZE W/ LETTERING NOT LESS THAN 1" IN HEIGHT. 26. EACH ACCESSIBLE PARKING SPACE SHALL HAVE: - AN ACCESSIBLE PARKING SIGN MOUNTED ON STEEL POST PER DETAIL 3/A0.87, - SURFACE IDENTIFICATION OF THE FOLLOWING SCHEME: BY OUTLINING OR PAINTING THE STALL OR SPACE IN BLUE AND OUTLINING ON THE GROUND IN THE STALL OR SPACE IN WHITE OR SUITABLE CONTRASTING COLOR THE "INTERNATIONAL SYMBOL OF ACCESSIBILITY". 27. A VERTICAL CLEARANCE OF 8 FEET 2 INCHES (MEASURED TO THE LOWEST PROJECTION FROM THE CEILING) SHALL BE MAINTAINED TO EACH REQUIRED ACCESSIBLE PARKING SPACE. SECTION 1109A.8.1. 28. MAINTENANCE CLOSET. 29. FIRE RISER CLOSET. 30. ACCESSIBLE ROUTE OF TRAVEL - SEE ADDITIONAL INFORMATION AT NOTES #1 - 9, 2/A0.4 (ABOVE LEFT). 31. (N) ENTRY MONUMENT WALL, SEE LANDSCAPE PLANS. 32. ON-STREET GUEST PARKING - SIX SPACES TOTAL. 33. PROPOSED (N) UTILITY POLE, SEE SDGE AND CIVIL PLANS. 34. LINE USED TO DETERMINE FIRE SEPARATION DISTANCE (IMAGINARY PROPERTY LINE). SEE A0.1, A0.2, A0.31, A0.32, AND FLOOR PLANS, ROOF PLANS, EXTERIOR ELEVATIONS AND BUILDING SECTIONS FOR BUILDING CODE COMPLIANCE. 35. BUILDINGS OR PORTIONS OF BUILDINGS OR FACILITIES EXCEEDING 30 FEET IN HEIGHT ABOVE THE LOWEST LEVEL OF FIRE DEPARTMENT VEHICLE ACCESS SHALL BE PROVIDED WITH APPROVED FIRE APPARATUS ACCESS ROADS CAPABLE OF ACCOMMODATING FIRE DEPARTMENT AERIAL APPARATUS. OVERHEAD UTILITY AND POWER LINES SHALL NOT BE LOCATED WITHIN THE AERIAL FIRE APPARATUS ACCESS ROADWAY. THE 26' FIRE APPARATUS ROAD SHALL HAVE NO LESS THAN 14' HIGH CLEAR SPACE AND SHALL HAVE AN ALL-WEATHER ROAD WITH THE ABILITY TO SUPPORT 75,000 POUNDS OR GREATER. 36. RECREATION ROOM & LEASING OFFICE AT FIRST FLOOR OF BUILDING E. SEE A0.82 FOR ADA REQUIREMENTS. 37. ACCESSIBLE COMMUNITY RESTROOMS AT FIRST FLOOR OF BUILDING E. SEE A0.83 FOR ADA REQUIREMENTS. 38. (N) POOL EQUIPMENT ENCLOSURE, SEE A7.22. 39. NEIGHBOR BUILDING & PARKING SHOWN AS REFERENCE. 40. (E) UTILITY EASEMENT AT ADJACENT PROPERTY (SEWER). 41. CIRCULATION PATHS SHALL BE A MINIMUM 4" ABOVE ADJOINING VEHICULAR TRAFFIC AREAS INCLUDING PARKING, DRIVEWAYS, DRIVE AISLES, VEHICLE CHARGING SPACES, ETC., SECTION 11B-250. a. IF ANY PROPOSED WALKS SLOPE GREATER THAN 1:20 (5%), THEY MUST COMPLY WITH RAMP REQUIREMENTS, SECTION 11B-402.2. b. WALKS ALONG AN ACCESSIBLE ROUTE OF TRAVEL ARE REQUIRED TO BE 48" MINIMUM IN WIDTH AND HAVE SLIP RESISTANT SURFACES, PER SECTION 11B-403.5.1, EXCEPTION 3. c. THE MAXIMUM PERMITTED CROSS SLOPE FOR WALKWAYS SHALL BE 1:48, PER SECTION 11B-403.3. 42. LINE FOR ALLOWABLE OPENINGS PER TABLE 705.8, TO COMPLY WITH EXTERIOR EXIT STAIR SECTION 1027.5.3. LEGEND: AREA OF COMMON USEABLE OPEN SPACE PRIVATE OPEN SPACE GROUND FLOOR COMMUNITY BUILDING SPACE GROUND FLOOR ACCESSIBLE UNITS STAIRWELLS AND UTILITIES PRIVATE INDIVIDUAL GARAGES ACCESSIBLE ROUTE DENOTES PARKING BAY CAPABLE OF SUPPORTING FUTURE ELECTRIC VEHICLE CHARGING SPACE (EVSE). EVSE 1 DENOTES SINGLE CHARGING STATION, EVSE 2 DENOTES DOUBLE CHARGING STATION. SURFACE WATER DRAINAGE NOTES: R401.3 DRAINAGE. SURFACE DRAINAGE SHALL BE DIVERTED RO A STORM SEWER CONVEYANCE OR OTHER APPROVED POINT OF COLLECTION THAT DOES NOT CREATE A HAZARD. LOTS SHALL BE GRADED TO DRAIN SURFACE WATER AWAY FROM FOUNDATION WALLS. THE GRADE SHALL FALL A MINIMUM OF 6 INCHES WITHIN THE FIRST 10 FEET. EXCEPTION: WHERE LOT LINES, WALLS, SLOPES OR OTHER PHYSICAL BARRIERS PROHIBIT 6 INCHES OF FALL WITHIN 10 FEET, DRAINS OR SWALES SHALL BE CONSTRUCTED TO ENSURE DRAINAGE AWAY FROM THE STRUCTURE. IMPERVIOUS SURFACES WITHIN 10 FEET OF THE BUILDING FOUNDATION SHALL BE SLOPED A MINIMUM OF 2 PERCENT AWAY FROM THE BUILDING. THE SITE SHALL BE PLANNED AND DEVELOPED TO KEEP SURFACE WATER AWAY FROM BUILDINGS. PLANS SHALL BE PROVIDED AND APPROVED BY THE CITY ENGINEER THAT SHOW SITE GRADING AND PROVIDE FOR STORM WATER RETENTION AND DRAINAGE DURING CONSTRUCTION. BMP'S THAT ARE CURRENTLY ENFORCED BY THE CITY ENGINEER MUST BE IMPLEMENTED PRIOR TO INITIAL INSPECTION BY THE BUILDING DEPARTMENT. CGC 4.106.3. NOTE: THE DISCHARGE OF POLLUTANTS TO ANY STORM DRAINAGE SYSTEM IS PROHIBITED. NO SOLID WASTE, PETROLEUM BYPRODUCTS, SOIL PARTICULATE, CONSTRUCTION WASTE MATERIALS, OR WASTEWATER GENERATED ON CONSTRUCTION SITES OR BY CONSTRUCTION ACTIVITIES SHALL BE PLACED, CONVEYED OR DISCHARGED INTO THE STREET, GUTTER OR STORM DRAIN SYSTEM. LANDSCAPE IRRIGATION WATER USE SHALL HAVE WEATHER BASED CONTROLLERS. PER CGC 4.304.1. RECYCLING NOTE: A MINIMUM OF 65% OF CONSTRUCTION WASTE IS TO BE RECYCLED. CGC 4.408.1. CONTRACTOR SHALL SUBMIT A CONSTRUCTION WASTE MANAGEMENT PLAN. CGC 4.408.2. NOTE: OWNER TO OBTAIN A CONSTRUCTION PERMIT FROM THE ENGINEERING DEPARTMENT AT LEAST 48 HOURS PRIOR TO WORKING IN THE PUBLIC RIGHT-OF-WAY. IT IS THE RESPONSIBILITY OF THE OWNER TO KNOW WHERE HIS/HER PROPERTY LINE IS. NOTE: ALL PROPERTY LINES, EASEMENTS AND BUILDINGS, EXISTING AND PROPOSED, ARE SHOWN ON THIS SITE PLAN. BEFORE EXCAVATION CALL U.S.A OWNER AND/OR CONTRACTOR ARE RESPONSIBLE FOR LOCATION & VERIFICATION OF ALL EXISTING UNDERGROUND UTILITIES. UNDERGROUND SERVICE ALERT (USA) SHOULD BE NOTIFIED FOR ASSISTANCE IN THIS MATTER AT (800) 227-2600, 48 HOURS PRIOR TO ANY CONSTRUCTION. THE (USA) AUTHORIZATION NUMBER SHALL BE KEPT AT THE JOB SITE. LOCATION AND CHARACTER OF ANY UTILITIES IF SHOWN HEREON ARE APPROXIMATE, AND TAKEN FROM A COMBINATION OF SURFACE STRUCTURE OBSERVATION AND/OR THE RECORDS OF THE CONTROLLING AGENCY. ARCHITECT DOES NOT ASSUME RESPONSIBILITY FOR THE LOCATION OF ANY EXISTING UTILITIES OR OTHER UNDERGROUND FEATURES SUCH AS VAULTS, TANKS, BASEMENTS, BURIED OBJECTS, ETC. 7. ALL BUILDINGS SHALL HAVE APPROVED ADDRESS NUMBERS, BUILDING NUMBERS OR APPROVED BUILDING IDENTIFICATION PLACED IN A POSITION THAT IS PLAINLY LEGIBLE AND VISIBLE FROM THE STREET OR ROAD FRONTING THE PROPERTY. THESE NUMBERS SHALL BE A MINIMUM OF 4" HIGH WITH A MINIMUM STROKE OF .5 INCHES. WHERE ACCESS IS BY MEANS OF A PRIVATE ROAD AND THE BUILDING CANNOT BE VIEWED FROM THE PUBLIC WAY, A MONUMENT, POLE OR OTHER SIGN OR MEANS SHALL BE USED TO IDENTIFY THE STRUCTURE. CFC SECTION 505.1. 8. ENCLOSED PRIVATE GARAGES FOR TOTAL OF 54 VEHICLES, WITHIN BUILDING A,B, C, D & F STRUCTURES. 9. 95 TOTAL OPEN PARKING SPACES ON SITE, INCLUDING: 8 ADA SPACES, 71 STANDARD SPACES, 13 COMPACT SPACES, AND 3 MOTORCYCLE SPACES. SEE 8/A0.2 FOR PARKING ALLOCATION/ CALCULATIONS PER NATIONAL CITY PARKING REQUIREMENTS. SITE PLAN KEYNOTES: 1 1. (N) FLATWORK, CURBS, WALKWAYS, SEE CIVIL PLANS. 2. (N) SWIMMING POOL AND SPA, SEE CIVIL AND LANDSCAPE PLANS. 3. LOCATION OF (N) ELECTRIC METERS, CABLE AND TELEPHONE CABINETS, PER SDGE INSTALLATION REQUIREMENTS. SEE CIVIL AND ELECTRICAL PLANS. 4. (N) ELECTRICAL TRANSFORMER, PER SDGE. 5. PROPERTY LINE. 6. FINISH GRADE/TOP OF HARDSCAPE SHALL BE SLOPED SO THAT SURFACE WATER WILL DRAIN AWAY FROM BUILDING. SLOPE 5% MINIMUM WITHIN THE FIRST 10 FEET, 2% MINIMUM FOR IMPERVIOUS SURFACES. SECTION 1804.4. SEE CIVIL GRADING PLANS. 10. FUTURE SOLAR PANEL CARPORT STRUCTURES ALONG EAST AND SOUTH PARKING AREAS (NOT IN PERMIT). 11. EVSE (ELECTRIC VEHICLE) CHARGING STATION. SEE 5/A0.2 FOR ADDITIONAL INFORMATION. 12. COMMON USEABLE OPEN SPACE. SEE 2/A0.2. 13. BICYCLE PARKING WITH GALVANIZED STEEL BICYCLE RACK. SEE 4/A0.2. 14. MAILBOXES AND PARCEL BOXES AT BUILDING E. 15. (N) DOWNSPOUT LOCATION, TYP. CONVEY RAINWATER DISHARGE PER CIVIL GRADING PLANS. 16. PRIVATE OUTDOOR OPEN SPACE AT FIRST FLOOR UNITS, WITH 42" (MAX.) HEIGHT FENCING. 17. RIGHT-OF-WAY WORK AT STREET FRONTAGE AND AT ADJACENT PARCELS, PER CIVIL PLANS. EVSE 2 EVSE
1 EVSE OPEN SPACE SUMMARY TABLE: bldg. F
6 13 28 25 bldg. D bldg. B 15 bldg E COMMON OPEN SPACE 'B' 1385 SF COMMON OPEN SPACE 'A' 1403 SF COMMON OPEN SPACE 'C' 1420 SF COMMON OPEN SPACE 'D' 7770 SF COMMON OPEN SPACE 'E' 579 SF 4 bicycle parking parcels mailboxes w/ surface mount collar C 6 bicycle parking 5 bicycle parking bldg. C bldg. A
C C
COMMON OPEN SPACE 'K' 549 SF COMMON OPEN SPACE 'H' 638 SF COMMON OPEN SPACE 'F' 643 SF COMMON OPEN SPACE 'G' 670 SF COMMON OPEN SPACE 'J' 566 SF COMMON OPEN SPACE 'L' 535 SF pool spa C EVSE
1 EVSE
2 EVSE
2 EVSE
1 EVSE
2 EVSE
2 EVSE
2 EVSE2 EVSE
1 C BLDG. F BLDG. F BLDG. F EVSE
2 EVSE
2 EVSE
1 BLDG. A BLDG. A BLDG. A BLDG. B BLDG. B BLDG. B
M
5 EVSE
1 EVSE
2 EVSE2 M
5 BLDG. C BLDG. C BLDG. C BLDG. D BLDG. D BLDG. D DS
C
C
C
C
NO

PARKING
NO

PARKING
NO

PARKING NO PARKING DS
102 103 104 105 Electric Meter Cabinet fire
closet GARAGE B1 GARAGE B2 GARAGE B3 GARAGE B4 GARAGE B5 GARAGE B6 GARAGE B7 GARAGE B8 GARAGE B9 GARAGE B10 STAIR B1 101STAIR B2
Cable Tele. Cabt.

DS DS DS DS
DS DS

DS DS DS
EVSE 101 102 103 104 105 106 fire closet
Electric Meter Cabinet GARAGE C1 GARAGE C2 GARAGE C3 GARAGE C4 GARAGE C5 GARAGE C6 GARAGE C7 GARAGE C8 GARAGE C9 GARAGE C10 STAIR C1 STAIR C2 Cable Tele. Cabt. Solar Cabt. DS DS DS DS DS DS DS DS DS DS EVSE 101 102 103 104 GARAGE F2 GARAGE F3 GARAGE F4 GARAGE F5 GARAGE F6 GARAGE F7 GARAGE F8 GARAGE F9 GARAGE F10 STAIR F1 fire closet 4 bicycle parking GARAGE F11 STAIR F2 GARAGE F1 Electric Meter Cabinet Solar Cabt. Cable Tele. Cabt. DS DS DS DS DS DS DS DS DS DS maintenance closet EVSE 104 102 103
101
fire
closet GARAGE A1 GARAGE A2 GARAGE A3 GARAGE A4 GARAGE A5 GARAGE A6 GARAGE A7 GARAGE A8 GARAGE A9 GARAGE A10 STAIR
A1 STAIR
A2 Electric Meter Cabinet Cable Tele. Cabt. DS

DS DS DS DS
DS DS

DS DS DS
EVSE DS 102 103 104 106 105 101
Electric Meter Cabinet fire clos. GARAGE D1 GARAGE D2 GARAGE D3 GARAGE D4 GARAGE D5 GARAGE D6 GARAGE D7 GARAGE D8 GARAGE D9 GARAGE D10 STAIR D1 Solar Cabt. DS Cable Tele. Cabt. DS DS DS DS DS DS DS DS DS DS DS EVSE STAIR D2 DS DS DS DS DS 101 parcels mailboxes w/ surface mount collar Electric Meter Cabinet DS DS fire closetDS E 31st STREET S 72°43'32" W 234.03' N 72°41'58" E 134.00' N 72°41'58" E 100.00' N 72°41'58" E 100.00' N 17°16'27" W

20.00'
S 17°16'27" E

20.00' N 72°41'58" E 97.00'
N 117°16'07" W 310.03'
S 117°18'02" E 310.14' CITY OF CHULA VISTA CITY OF NATIONAL CITY ZONING: MXC-1 ZONING: MXC-1 41 1 2
3 3
4 5
5 8
8 9
9 9 ZONING: MXC-1 10 10 12 12 12 12 13 14 15 17 16 18 19 19 19 19 19 20 21 22 23 29 29 30 30 31 32 33 35 16 16 16 16 16 161616 16 16161616 1616 16 16 16 16 16 16 16 16 16 16 16 2020 20 20 20 20 20 20 20 20 1 1 41 25 26 27 24 25 26
5 5 30 33 33 31 2929 29 29 13 13 18
8 8 35 35
4 3
3 3
3 3
3 23 21 21 15 15 36 3737 38 39 34 34 34 34 40

ACCESSIBLE GUEST/ VAN

RESIDENT/VAN

ACCESSIBLE GUEST

RESIDENT/VAN
ACCESSIBLE RESIDENT PARKING IS ASSIGNED PARKING, SEE 5,6/A0.2 (1109A.4) GUEST PARKING IS UNASSIGNED PARKING, SEE 4,5,6/A0.2 (1109A.5)

RESIDENT/VAN
ACCESSIBLE 25 27 26 26 25 24 24 24 41 41
1 41
1 141 34 200 E 31st Street 210 E 31st Street 220 E 31st Street 230 E 31st Street 250 E 31st Street 240 E 31st Street 26 25 42 I
L
EC

NSED ARCHITECT

SOJ EPH GREGORY BARBANO

STATE OF CAL I FORN
AI
REN . 3 - 3 1 - 2 3
C-19504 DATE 9 / 28 / 2021200, 210, 220, 230, 240 & 250 E 31st STREET NATIONAL CITY, CA 91950 A.P.N. 562-252-13-00, -02-00 & -14-00 E 31st Street Apartments

JOE BARBANO

ARCHITECT
2936 CAMINO SERBAL, CARLSBAD, CA 92009
760.809.4587 [email protected] ISSUE LOG E 31st Street Apartments NATIONAL CITY E 31st STREET APARTMENTS Plan Check No. BD21-00254.e PLAN CHECK 1 JAN. 3, 2022

KD COVE, LLC PLAN CHECK
2 FEB. 15, 2022
0 8' 16' SITE PLAN
1 A0.4 SITE PLAN ACCESSIBLE ROUTE NOTES
2 ACCESSIBLE ROUTE NOTES: 1. Accessible routes of travel shall be provided from public transportation stops, accessible parking and accessible passenger loading zones, and public streets or sidewalks to the accessible entrance they serve. The accessible route shall to the extent feasible, coincide with the route for the general public. Section 1110A.1 2. At least one accessible route shall connect accessible buildings facilities, elements and spaces that are on the same site. Section 1110A.1 3. Where more than one route of travel is provided, all routes shall be accessible. Section 1110A.2 4. If an accessible route has changes in level greater than 1/2 inch, then a curb ramp, ramp, elevator or platform lift shall be provided. Stairs shall not be part of an accessible route. Section 1111A.2 5. Curb ramps shall be constructed at each corner of street intersections and where pedestrian way crosses a curb. Section 1112A.1. 1/16" = 1'-0" 6. Curb ramps shall be a minimum of 4 feet in width and shall be located to prevent obstruction by parked cars. Sections 11B-406.5.2 and 11B406.5.1. 7. The slope of the curb ramp shall not exceed 1 vertical to 12 horizontal (8.33%). If a curb ramp is located where pedestrians must walk across the ramp, then it shall have flared sides of the ramp which slope at maximum1:10. Section 11B-406.5.2. 8. A level landing 4 feet deep shall be provided at the upper end of each curb ramp over its full width to permit safe egress from the ramp surface, or the slope of the fanned or flared sides of the curb ramp shall not exceed 1 vertical to 10 horizontal. Sections 11B-406.5.3 and 11B-406.2.2. 9. Detectable warnings, 36" deep and extending the full width and of the curb ramp are to be installed for all curb ramps (regardless of slope), per Section 11B-705. Only approved DSA/AC detectable warning products and directional surfaces shall be installed. Section 11B-705.3. 10. Curb ramps and the flared sides of curb ramps shall not encroach into any accessible parking space or the adjacent access aisle. Section 11B-406.5.1. 11. The maximum slope of the parking surface at the accessible space and adjacent access aisle, in any direction, shall be less than or equal to 1:48. Section 11B-502.4. See Grading Plans. 12. At every primary public entrance, and at every major function area along, or leading to, an accessible route of travel there is to be a sign displaying the international symbol of accessibility. Signs are required to indicate the direction to accessible building entrances and facilities, per Section 11B-216.3. 13. Provide 36" wide detectable warning material at boundaries between walkways and vehicular ways. Sections 11B-247.1.2.5 and 11B- 705.1.2.5. See Grading Plans. 14. Detectable warnings shall be installed in curb ramps with one or two entrance/ exit points that are 6' or 9' wide, respectively. Section 11-B-705.1.2.2. 15. Detectable warnings are not permitted in the required turning spaces, clear floor spaces, landings for doors, pedestrian ramps, access aisles to accessible parking, drop off/ loading zones & stairs. Sections 11B-304.2, 11B-305.2, 11B-404.2.4.4, 11B-405.7, 11B-502.4, 11B-503.4, 11B-504.4, and 11B-705.1.2.2, respectively. NORTH Page 44 of 441

RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA (1) APPROVING AN AFFORDABLE HOUSING DENSITY BONUS AGREEMENT WITH KD Cove, LLC, A CALIFORNIA LIMITED PARTNERSHIP, RESTRICTING THE RENT AND OCCUPANCY OF FIVE (5) UNITS TO VERY LOW

INCOME HOUSEHOLDS IN EXCHANGE FOR ONE INCENTIVE PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 65915 – 65918 FOR THE DEVELOPMENT OF 9 HOUSING UNITS LOCATED AT 200 E. 31ST STREET IN

NATIONAL CITY
WHEREAS, KD Cove, LLC, a California Limited Partnership (“Developer”) is developing the property located at 200 E 31st Street; and WHEREAS, current zoning allows for the construction of 113 units by right; and WHEREAS, the Developer will restrict the rent and occupancy of five (5) units to very low income households (below 50% of area median income) in exchange for one incentive, 1) Remove common open space requirements for the project, mandated by California Government Code Sections 65915 – 65918; and
WHEREAS, the Affordable Density Housing Bonus Agreement (“Agreement”) will serve to memorialize the Developer’s obligation to provide the five (5) 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; and WHEREAS, a Performance Deed of Trust will also be recorded to secure the Agreement on the property.

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

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

Section 1: Approves an Affordable Housing Density Bonus Agreement with KD Cove, LLC, a California Limited Partnership, restricting the rent and occupancy of five (5) units to a very low income household in exchange for one incentive pursuant to California Government Code Sections 65915 – 65918 for the development of 92 housing units located at 200 E 31st Street in National City.

Section 2: That the City of National City will record a Performance Deed of Trust securing the timely performance of the Affordable Housing Density Bonus Agreement, and after it is recorded in the County of San Diego, a copy of said Deed of Trust will be on file in the Office of the City Clerk
Section 3: The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED and ADOPTED this the 5th day of December 2023.

Ron Morrison, Mayor
ATTEST:

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

Barry J. Schultz, City Attorney

AGENDA REPORT
Department: Library and Community Services
Prepared by: Myra M. Pina, Management Analyst II
Meeting Date: Tuesday, December 5, 2023
Approved by: Benjamin A. Martinez, Interim City Manager SUBJECT:

Approval of Amendment to Agreement with San Diego County for Nutrition Services RECOMMENDATION:

Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Ratifying Amendment 11 to County Contract 561763, Increasing the Senior Nutrition Infrastructure Grant by an Amount of $59,676 Resulting in a New Maximum Agreement Amount of $1,939,607, and Authorizing an Increase of $7,090 in Appropriations for Nutrition Center Kitchen Equipment with a Corresponding Increase in Revenue.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

The City of National City has contracted with the County of San Diego since 1979 to provide a dining room and home delivery meal service to senior citizens 60 years and older. The City Council ratified the execution of the most recent County Contract 561763 on February 4, 2020. In addition, the City Council approved accepting the Senior Nutrition Infrastructure Grant on February 7, 2023. Also, Amendment 10, approved by the City Council on June 20, 2023, extended the contract to December 31, 2023.

Amendment 11 features the following changes:

2.1 Revise Exhibit “C,” Payment Schedule for Option 4 – July 1, 2023 – December 31, 2023, as follows:
 Increase the number of Congregate Meals from 20,000 to 27,900, County reimbursement from $116,000.00 to $161,820.00, and increase the contractor’s match from $12,887.60 to $17,978.20.
 Increase the number of Home-Delivered Meals from 10,000 to 10,200, County reimbursement from $57,000.00 to $58,140.00, and increase the contractor’s match from $6,332.70 to $6,459.35.
 Increase Incentive Payments (Number of proposed Congregate Meals) from 20,000 to 27,900 and increase County reimbursement total from $14,000.00 to $19,530.00.  Increase Incentive Payments (Number of proposed Home-Delivered Meals) from 10,000 to 10,200 and increase County reimbursement total from $4,800.00 to $4,896.00.  Increase the Grand Total of County reimbursements from $191,800.00 to $244,386.00 and increase the contractor’s match from $19,220.30 to $24,437.55.

Revise Exhibit “C-3,” Senior Nutrition Infrastructure Grant as follows:
 Add term of Effective Date of Modification 11 – December 31, 2023.

 Revise the table to add additional funding totaling $7,090. Revisions are as follows:
o Increase Commercial Immersion Blender from $660.00 to $1,200.00. o Increase Griddle from $3,300.00 to $4,000.00.
o Increase Food Slicer from $3,850.00 to $4,800.00.
o Increase Ice Machine from $5,500.00 to $9,400.00.
o Increase Warming Drawer/Cabinet with Worktable from $16,500.00 to $17,500.00. o Increase Total Not-to-Exceed from $198,815.00 to $205,905.00.

The Amendment increases the City’s service units eligible for reimbursement through the County by 7,900 congregate meals and 200 home-delivered meals through the end of the current agreement on December 31, 2023.

The Senior Nutrition Infrastructure Grant Funds increase will allow staff to fund a new immersion blender, griddle, food slicer, ice machine, and warming drawer. Since the initial costing for the grant, prices have risen on supplies and materials.

The City of National City Senior Nutrition Program is open Monday – Friday and serves an average of 200 congregate meals daily at the George H. Waters Nutrition Center. Nutrition Center staff also deliver approximately 80 home-delivered meals daily while conducting wellness checks on local seniors. Food is prepared on-site by professional staff. The suggested contribution for seniors 60+ is $3.50 per meal, with those under 60 charged $6.00 per meal. No senior is ever turned away because they cannot pay. The Senior Nutrition Center is a vital service to the senior community as a source of adequate nutrition, wellness, and socialization.

FINANCIAL STATEMENT:

Approval of this item will result in additional appropriations of $7,090 needed to fully cover the costs for the new equipment and be offset by a like amount in additional revenue from the County.

No additional appropriations are needed at this time to meet the matching requirements for the increase in the number of meals served.

Expenditure Account: 166-441-429-510-0000
Revenue Account: 166-41429-3470
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Health, Environment, and Sustainability
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 – 561763-11 Amendment - NC Nutrition Center
Exhibit B – County Contract Number 561763
Exhibit C – Resolution

COUNTY OF SAN DIEGO – DEPARTMENT OF PURCHASING AND CONTRACTING

AMENDMENT
CONTRACT 561763, MODIFICATION 11
Effective Date: Date signed by County of San Diego, Department of Purchasing and Contracting Contractor: City of National City
Agreement Title: Senior Nutrition Program
Contractor and County of San Diego (“County”) enter into this amendment (“Amendment”) to modify the abovereferenced contract (“Agreement”) as described herein.

1. Agreement Terms and Work: The Agreement Terms and Work remain unchanged.

2. Compensation: As a result of this amendment, Contractor’s compensation is increased by an amount of $59,676.00 resulting in a new Maximum Agreement Amount of $1,939,607.00.

2.1 Revise Exhibit C, Payment Schedule for Option 4 – July 1, 2023 – December 31, 2023, as follows:

2.1.1 Increase number of Congregate Meals from 20,000 to 27,900, increase total from $116,000.00 to $161,820.00, and increase contractor’s match from $12,887.60 to $17,978.20.

2.1.2 Increase number of Home-Delivered Meals from 10,000 to 10,200, increase total from $57,000.00 to $58,140.00, and increase contractor’s match from $6,332.70 to $6,459.35.

2.1.3 , Increase Incentive Payments (Number of proposed Congregate Meals) from 20,000 to 27,900, and increase total $14,000.00 to $19,530.00.

2.1.4 Increase Incentive Payments (Number of proposed Home-Delivered Meals) from 10,000 to 10,200, and increase total $4,800.00 to $4,896.00.

2.1.5 Increase Grand Total from $191,800.00 to $244,386.00, and increase contractor’s match from $19,220.30 to $24,437.55.

2.2 Revise Exhibit C-3 Senior Nutrition Infrastructure Grant as follows:

2.2.1 Add term of Effective Date of Modification 11 – December 31, 2023.

2.2.2 Revise table to add additional funding totaling $7,090. Revisions are as follows:

2.2.2.1 Increase Commercial Immersion Blender from $660.00 to $1,200.00.

2.2.2.2 Increase Griddle from $3,300.00 to $4,000.00.

2.2.2.3 Increase Food Slicer from $3,850.00 to $4,800.00.

2.2.2.4 Increase Ice Machine from $5,500.00 to $9,400.00.

2.2.2.5 Increase Warming Drawer/Cabinet with Worktable from $16,500.00 to $17,500.00.

2.2.2.6 Increase Total Not To Exceed from $198,815.00 to $205,905.00.

2.3 Revised Exhibit C, Pricing Schedule marked Modification 11 is attached.

2.4 Revised Exhibit C-3, Senior Nutrition Infrastructure Grant marked Modification 11 is attached.

3. Term of Agreement: The contract term remains unchanged through December 31, 2023 All other terms and conditions remain in effect.

IN WITNESS WHEREOF, County and Contractor have executed this Amendment effective as of the Effective Date set forth above.

This Amendment is not valid unless signed by Contractor and County Contracting Officer. The person(s) signing this Agreement for Contractor represent(s) and warrant(s) that they are duly authorized to bind Contractor and have the legal capacity to execute and deliver this Agreement.

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CONTRACTOR: COUNTY OF SAN DIEGO:

Department Review and Recommended Approval:

By: By: Jan 34 PDT)
Name: Benjamin Martinez
Title: Interim City Manager
Email: [email protected]
Date: Oct 23, 2023
By electronically signing this document, all parties accept the use of electronic signatures.

Ad*b Ac-*ba/ S$") T-a).ac/$*) N0(b -ѷ CBJCHBCAABAAO1Q$XфPNaLштц($п4R3HрZ,MTYU,lс A Name: a Jordan
Title: Chief, Agency Operations
Dept. Aging & Independence Services
Date: Sep 29, 2023
APPROVED:

JOHN M. PELLEGRINO, Director
Department of Purchasing and Contracting
By:

Name sey Neal
Title: Sr. Procurement Contracting Officer
Date: Oct 25, 2023
Contract 561763, Modification #11 Page 2 of 9 Amendment Template: rev 10/8/2021 v1.0 Page 80 of 441 COUNTY CONTRACT NUMBER 561763 MODIFICATION 11

AGREEMENT WITH CITY OF NATIONAL CITY FOR

SENIOR NUTRITION PROGRAM
EXHIBIT C –PAYMENT SCHEDULE
COMPENSATION: The compensation listed below is not designed to fully fund the program. The fixed supplemental rates are developed annually based on funding and determined to offset the cost of providing services.

These rates are subject to availability of funding from the State of California, California Department of Aging (CDA) and can change annually. A completed report of actual costs (closeout report) expended shall be submitted at the end of the fiscal year.

BASE PERIOD February 1, 2020 – June 30, 2020
Services
Proposed
Number of
Service Meals
County’s Fixed
Supplemental
Rate
Total
(Multiply the # of
Service Meals by the
County Supplemental
Rate or Incentive
Payment for the total)
Contractor’s
Match
(Multiply the total by

11.11% for total
contractor match)
Congregate Meals 25,630 $4.96 $127,124.80 $14,123.57
Home-Delivered Meals 9,863 $4.76 $46,947.88 $5,215.91
Transportation
(Number of proposed
Congregate Meals)

N/A N/A N/A N/A
Incentive Payments*
(Number of proposed
Congregate Meals)
25,630 $0.77 $19,735.10 N/A
Incentive Payments*
(Number of proposed HomeDelivered Meals)
9,863 $0.68 $6,706.84 N/A
GRAND TOTAL: $200,514.62 $19,339.47
*Nutrition Services Incentive Payment (NSIP) dollar amounts are estimates ONLY and may be adjusted based on actual prior year number of meals served.

1. Cost Reimbursement

1.1. Contractor may be reimbursed for items purchased under this agreement in accordance with SOW paragraph 6.2.3 for One-Time-Only (OTO) Funds.

1.2. OTO Funds are based funds received from the State of California. The County cannot guarantee the receipt of the funds and all expenditures must be approved in advance by the County.

1.3. Contractor shall procure County approved goods and services through competitive measures further defined in SOW paragraph 6.2.3.

1.3.1. Contractor shall provide a log of purchases made during the billing period and provide with an invoice for reimbursement. Information provided shall include:

1.3.1.1. Description of item purchased

1.3.1.2. Description of competitive measures taken to make said purchase

1.3.1.2.1. Back-up documentation providing competitive measures were taken.

1.3.1.3. Total Price of item(s) purchased

1.3.1.4. Date of items(s) purchased

COUNTY CONTRACT NUMBER 561763 MODIFICATION 11

AGREEMENT WITH CITY OF NATIONAL CITY FOR

SENIOR NUTRITION PROGRAM
EXHIBIT C – PAYMENT SCHEDULE
Contract 561763, Modification #11 Page 4 of 9
OPTION 1 - July 1, 2020 – June 30, 2021
Services
Proposed
Number of
Service Meals
County’s Fixed
Supplemental
Rate
Total
(Multiply the # of
Service Meals by the
County Supplemental
Rate or Incentive
Payment for the total)
Contractor’s
Match
(Multiply the total by

11.11% for total
contractor match)
Congregate Meals 40,972 $5.23 $214,283.56 $23,806.90
Home-Delivered Meals 17,676 $4.89 $86,435.64 $9,603.00
Transportation
(Number of proposed
Congregate Meals)

N/A N/A N/A N/A
Incentive Payments*
(Number of proposed
Congregate Meals)
40,972 $0.67 $27,451.24 N/A
Incentive Payments*
(Number of proposed HomeDelivered Meals)
17,676 $0.72 $12,726.72 N/A
GRAND TOTAL: $340,897.16 $33,409.90
*Nutrition Services Incentive Payment (NSIP) dollar amounts are estimates ONLY and may be adjusted based on actual prior year number of meals served.

1. Cost Reimbursement

1.1. Contractor may be reimbursed for items purchased under this agreement in accordance with SOW paragraph 6.2.3 for One-Time-Only (OTO) Funds.

1.2. OTO Funds are based funds received from the State of California. The County cannot guarantee the receipt of the funds and all expenditures must be approved in advance by the County.

1.3. Contractor shall procure County approved goods and services through competitive measures further defined in SOW paragraph 6.2.3.

1.3.1. Contractor shall provide a log of purchases made during the billing period and provide with an invoice for reimbursement. Information provided shall include:

1.3.1.1. Description of item purchased

1.3.1.2. Description of competitive measures taken to make said purchase

1.3.1.2.1. Back up documentation providing competitive measures were taken.

1.3.1.3. Total Price of item(s) purchased.

1.3.1.4. Date of items(s) purchased.

COUNTY CONTRACT NUMBER 561763 MODIFICATION 11

AGREEMENT WITH CITY OF NATIONAL CITY FOR

SENIOR NUTRITION PROGRAM
EXHIBIT C – PAYMENT SCHEDULE
Contract 561763, Modification #11 Page 5 of 9
OPTION 2A - July 1, 2021 – December 31. 2021
Services
Service Meals
Claimed
through
12/31/2021
County’s Fixed
Supplemental
Rate
Total
(Multiply the # of
Service Meals by the
County Supplemental
Rate or Incentive
Payment for the total)
Contractor’s
Match
(Multiply the total by

11.11% for total
contractor match)
Congregate Meals 6,011 $5.23 $31,437.53 $3,492.71
Home-Delivered Meals 5,683 $4.89 $27,789.87 $3,087.45
Transportation
(Number of proposed
Congregate Meals)

N/A N/A N/A N/A
Incentive Payments*
(Number of proposed
Congregate Meals)
6,011 $0.67 $4,027.37 N/A
Incentive Payments*
(Number of proposed HomeDelivered Meals)
5,683 $0.72 $4,091.76 N/A
GRAND TOTAL: $67,346.53 $6,580.16
*Nutrition Services Incentive Payment (NSIP) dollar amounts are estimates ONLY and may be adjusted based on actual prior year number of meals served.

1. Cost Reimbursement

1.1. Contractor may be reimbursed for items purchased under this agreement in accordance with SOW paragraph 6.2.3 for One-Time-Only (OTO) Funds.

1.2. OTO Funds are based funds received from the State of California. The County cannot guarantee the receipt of the funds and all expenditures must be approved in advance by the County.

1.3. Contractor shall procure County approved goods and services through competitive measures further defined in SOW paragraph 6.2.3.

1.3.1. Contractor shall provide a log of purchases made during the billing period and provide with an invoice for reimbursement. Information provided shall include:

1.3.1.1. Description of item purchased

1.3.1.2. Description of competitive measures taken to make said purchase

1.3.1.2.1. Back up documentation providing competitive measures were taken.

1.3.1.3. Total Price of items(s) purchased

1.3.1.4. Date of items(s) purchased

COUNTY CONTRACT NUMBER 561763 MODIFICATION 11

AGREEMENT WITH CITY OF NATIONAL CITY FOR

SENIOR NUTRITION PROGRAM
EXHIBIT C – PAYMENT SCHEDULE
Contract 561763, Modification #11 Page 6 of 9
OPTION 2B - January 1, 2022 – June 30, 2022
Services
Proposed
Number of
Service Meals
County’s Fixed
Supplemental
Rate
Total
(Multiply the # of
Service Meals by the
County Supplemental
Rate or Incentive
Payment for the total)
Contractor’s
Match
(Multiply the total by

11.11% for total
contractor match)
Congregate Meals 34,961 $5.49 $191,935.89 $21,324.08
Home-Delivered Meals 11,993 $5.13 $61,524.09 $6,835.33
Transportation
(Number of proposed
Congregate Meals)

N/A N/A N/A N/A
Incentive Payments*
(Number of proposed
Congregate Meals)
34,961 $0.70 $24,472.70 N/A
Incentive Payments*
(Number of proposed HomeDelivered Meals)
11,993 $0.76 $9,114.68 N/A
GRAND TOTAL: $287,047.36 $28,159.41
*Nutrition Services Incentive Payment (NSIP) dollar amounts are estimates ONLY and may be adjusted based on actual prior year number of meals served.

1. Cost Reimbursement

1.1. Contractor may be reimbursed for items purchased under this agreement in accordance with SOW paragraph 6.2.3 for One-Time-Only (OTO) Funds.

1.2. OTO Funds are based funds received from the State of California. The County cannot guarantee the receipt of the funds and all expenditures must be approved in advance by the County.

1.3. Contractor shall procure County approved goods and services through competitive measures further defined in SOW paragraph 6.2.3.

1.3.1. Contractor shall provide a log of purchases made during the billing period and provide with an invoice for reimbursement. Information provided shall include:

1.3.1.1. Description of item purchased

1.3.1.2. Description of competitive measures taken to make said purchase

1.3.1.2.1. Back up documentation providing competitive measures were taken.

1.3.1.3. Total Price of items(s) purchased

1.3.1.4. Date of items(s) purchased

COUNTY CONTRACT NUMBER 561763 MODIFICATION 11

AGREEMENT WITH CITY OF NATIONAL CITY FOR

SENIOR NUTRITION PROGRAM
EXHIBIT C – PAYMENT SCHEDULE
Contract 561763, Modification #11 Page 7 of 9
OPTION 3 - July 1, 2022 – June 30, 2023
Services
Proposed
Number of
Service Meals
County’s Fixed
Supplemental
Rate
Total
(Multiply the # of
Service Meals by the
County Supplemental
Rate or Incentive
Payment for the total)
Contractor’s
Match
(Multiply the total by

11.11% for total
contractor match)
Congregate Meals 40,972 $5.80 $237,637.60 $26,401.54
Home-Delivered Meals 19,676 $5.70 $112,153.20 $12,460.22 Transportation
(Number of proposed
Congregate Meals)

N/A N/A N/A N/A
Incentive Payments*
(Number of proposed
Congregate Meals)
40,972 $0.70 $28,680.40 N/A
Incentive Payments*
(Number of proposed HomeDelivered Meals)
19,676 $0.48 $9,444.48 N/A
GRAND TOTAL: $387,915.68 $38,861.76
*Nutrition Services Incentive Payment (NSIP) dollar amounts are estimates ONLY and may be adjusted based on actual prior year number of meals served.

1. Cost Reimbursement

1.1. Contractor may be reimbursed for items purchased under this agreement in accordance with SOW paragraph 6.2.3 for One-Time-Only (OTO) Funds.

1.2. OTO Funds are based funds received from the State of California. The County cannot guarantee the receipt of the funds and all expenditures must be approved in advance by the County.

1.3. Contractor shall procure County approved goods and services through competitive measures further defined in SOW paragraph 6.2.3.

1.3.1. Contractor shall provide a log of purchases made during the billing period and provide with an invoice for reimbursement. Information provided shall include:

1.3.1.1. Description of item purchased

1.3.1.2. Description of competitive measures taken to make said purchase

1.3.1.2.1. Back up documentation providing competitive measures were taken.

1.3.1.3. Total Price of items(s) purchased

1.3.1.4. Date of items(s) purchased

COUNTY CONTRACT NUMBER 561763 MODIFICATION 11

AGREEMENT WITH CITY OF NATIONAL CITY FOR

SENIOR NUTRITION PROGRAM
EXHIBIT C – PAYMENT SCHEDULE
Contract 561763, Modification #11 Page 8 of 9
OPTION 4 – July 1, 2013 – December 31, 2023
Services
Proposed
Number of
Service Meals
County’s Fixed
Supplemental
Rate
Total
(Multiply the # of
Service Meals by the
County Supplemental
Rate or Incentive
Payment for the total)
Contractor’s
Match
(Multiply the total by

11.11% for total
contractor match)
Congregate Meals 27,900 $5.80 $161,820.00 $17,978.20
Home-Delivered Meals 10,200 $5.70 $58,140.00 $6,459.35
Transportation
(Number of proposed
Congregate Meals)

N/A N/A N/A N/A
Incentive Payments*
(Number of proposed
Congregate Meals)
27,900 $0.70 $19,530.00 N/A
Incentive Payments*
(Number of proposed HomeDelivered Meals)
10,200 $0.48 $4,896.00 N/A
GRAND TOTAL: $244,386.00 $24,437.55
*Nutrition Services Incentive Payment (NSIP) dollar amounts are estimates ONLY and may be adjusted based on actual prior year number of meals served.

1. Cost Reimbursement

1.1. Contractor may be reimbursed for items purchased under this agreement in accordance with SOW paragraph 6.2.3 for One-Time-Only (OTO) Funds.

1.2. OTO Funds are based funds received from the State of California. The County cannot guarantee the receipt of the funds and all expenditures must be approved in advance by the County.

1.3. Contractor shall procure County approved goods and services through competitive measures further defined in SOW paragraph 6.2.3.

1.3.1. Contractor shall provide a log of purchases made during the billing period and provide with an invoice for reimbursement. Information provided shall include:

1.3.1.1. Description of item purchased

1.3.1.2. Description of competitive measures taken to make said purchase

1.3.1.2.1. Back up documentation providing competitive measures were taken.

1.3.1.3. Total Price of items(s) purchased

1.3.1.4. Date of items(s) purchased

COUNTY CONTRACT NUMBER 561763 MODIFICATION 11

AGREEMENT WITH CITY OF NATIONAL CITY FOR

SENIOR NUTRITION PROGRAM
EXHIBIT C-3 – SENIOR NUTRITION INFRASTRUCTURE GRANT
Contract 561763, Modification #11 Page 9 of 9

1. Cost Reimbursement:

1.1 Contractor may be reimbursed for items purchased below under this agreement.

1.2 Contractor shall provide a log of purchases made during the billing period and provide with an invoice for reimbursement. Contractor shall also provide proof of purchase order, receipt or similar. Information provided shall include:

1.2.1 Description of item purchased

1.2.2 Total Price of items(s) purchased

1.2.3 Date of items(s) purchased
Term: Effective Date of Modification 11 - December 31, 2023 Equipment Description Unit Cost Number of
Units Total Cost
Commercial Immersion Blender $1,200.00 1 $1,200.00
Menu Board $275.00 1 $275.00
Griddle $4,000.00 1 $4,000.00
Food Slicer $4,800.00 1 $4,800.00
Ice Machine $9,400.00 1 $9,400.00
Warming Drawer/Cabinet with
Worktable $17,500.00 1 $17,500.00
Hot Shot Truck $84,365.00 2 $168,730.00
TOTAL NOT TO EXCEED: $205,905.00

RESOLUTION NO. 2023 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, RATIFYING AMENDMENT 11 TO COUNTY CONTRACT 561763 INCREASING THE SENIOR NUTRITION INFRASTRUCTURE GRANT BY AN AMOUNT OF $59,676 RESULTING IN A NEW MAXIMUM AGREEMENT AMOUNT OF $1,939,607 AND AUTHORIZING AN INCREASE OF $7,090 IN APPROPRIATIONS FOR

NUTRITION CENTER KITCHEN EQUIPMENT WITH A CORRESPONDING INCREASE IN

REVENUE
WHEREAS, the George H. Waters Nutrition Program provides thousands of healthy congregate and home-delivered meals to our local seniors every year; and WHEREAS, the City of National City previously entered into an agreement with the County of San Diego in order to receive subsidized funding for the meals served to our local senior population; and
WHEREAS, the reimbursement for meals provided for in Amendment 11 will increase the Grand Total from $191,800.00 to $244,386.00 as detailed in Exhibit A; and WHEREAS, Amendment 11 also increases the City’s match from $19,220.30 to $24,437.55 as detailed in Exhibit A; and
WHEREAS, Amendment 11 increases the number of service units by a total of 8,100 meals; and
WHEREAS, Amendment 11 provides $7,090 in additional funding to the City of National City through the Senior Nutrition Infrastructure grant for kitchen equipment as detailed in Exhibit A.

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 ratifies Amendment 11 to County Contract 561763.

Section 2: That the City Council hereby authorizes an increase of $7,090 in appropriations for Nutrition Services kitchen equipment offset by a like amount of revenue.

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 5th day of December, 2023.

Ron Morrison, Mayor
ATTEST:

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

Barry J. Schultz, City Attorney Page 145 of 441

AGENDA REPORT
Department: City Manager's Office
Prepared by: Pedro Garcia, Economic Development Manager Meeting Date: Tuesday, December 5, 2023
Approved by: Ben Martinez, Interim City Manager
SUBJECT:

Approving the Second Amendment to an Agreement Between the City of National City and SCI Consulting Group to Provide Cannabis-Related Management and Monitoring Services.

RECOMMENDATION:

Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Approving the Second Amendment to an Agreement Between the City of National City and SCI Consulting Group for Cannabis Related Management and Monitoring Services for a Notto-Exceed Amount of $100,880.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

The City engages third-party cannabis consulting services for support through the cannabis regulatory development and application process. On October 5, 2021, the City executed an agreement with SCI Consulting Group to provide the City Manager with a range of consulting services related to commercial cannabis management services.

On June 6, 2023, City staff received authority from the City Council for the first amendment to the agreement with SCI Consulting in a not-to-exceed amount of $60,000. However, further review has determined that there were additional invoices paid that exceeded the approved amount causing a further difference of $40,880 in unauthorized expenses with our third-party cannabis consultant.

City staff is now requesting authority for a second amendment with our cannabis consultant SCI Consulting Group in a not-to-exceed amount of $100,880. This amendment will provide authority for all past expenses associated with SCI Consulting Group for their services in supporting the City’s cannabis application and appeal process. The original agreement term, which ends October 5, 2024, will be closed out if the second amendment is approved and a new agreement will be entered into for future cannabis work related to compliance audits and other cannabis administrative work with the City of National City.

FINANCIAL STATEMENT:

Sufficient funds exist in the CMO Professional Services account 001-403-000-213-0000.

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 – SCI Second Amendment Agreement
Exhibit B - Resolution

Amended Agreement Page 1 of 2 City of National City and SCI Consulting Group

AMENDMENT TO THE AGREEMENT

BY AND BETWEEN

THE CITY OF NATIONAL CITY
AND

SCI CONSULTING GROUP
THIS 2
nd AMENDMENT TO THE AGREEMENT is entered into this 5th day of December, 2023, by and between the CITY OF NATIONAL CITY, a municipal corporation (“CITY”), and SCI CONSULTING GROUP OF FAIRFIELD, CALIFORNIA, INC., a California Chapter S corporation (the “CONTRACTOR”).

RECITALS
WHEREAS, the CITY and the CONTRACTOR entered into an Agreement on October 5, 2021 (“the Agreement”), wherein the duration of the term is for the period of October 5, 2021 through October 5, 2024; and
WHEREAS, the parties desire to amend the Agreement to cover the continued cannabis related management and monitoring services from the amount of $60,000 to a not-to-exceed amount of $100,880.

AGREEMENT
NOW, THEREFORE, the parties hereto agree that:

1. The October 5, 2021 Agreement is hereby amended to cover the cost of the increased scope of services from the first amended contract amount of $60,000 by a not to- exceed increased amount of $40,880, for a total not-to-exceed amount of $100,880.

2. The parties further agree that, with the foregoing exceptions, each and every other term and provision of the October 5, 2021 Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this 2 nd Amendment
to the Agreement on the date and year first above written.

Amended Agreement Page 2 of 2 City of National City and SCI Consulting Group

CITY OF NATIONAL CITY
By:
__________________________
Benjamin A. Martinez, Interim City
Manager
APPROVED AS TO FORM:

By:
____________________________
Barry J. Schultz,
City Attorney

SCI CONSULTING GROUP
(Corporation – signatures of two
corporate officers required)
(Partnership or Sole proprietorship –
one signature)
By:
______________________________
(Name)
______________________________
(Print)
______________________________
(Title)
By:
______________________________
(Name)
______________________________
(Print)
______________________________
(Title)

RESOLUTION NO. 2023 -

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

APPROVING THE SECOND AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF

NATIONAL CITY AND SCI CONSULTING GROUP FOR CANNABIS RELATED

MANAGEMENT AND MONITORING SERVICES FOR A NOT TO EXCEED AMOUNT OF $100,880
WHEREAS, the City of National City (“City”) engages outside cannabis consulting services; and
WHEREAS, on October 5, 2021, the City executed an agreement with SCI Consulting Group to provide the City Manager cannabis related management and monitoring services; and WHEREAS, on June 6, 2023, the City approved its first amendment increasing the not to exceed amount to $60,000; and
WHEREAS, this second amendment will ratify payments made to SCI Consulting Group for work performed for the City during the cannabis application and appeal process; and WHEREAS, City staff recommends City Council’s approval on the second amendment to the agreement between the City of National City and SCI Consulting Group California Chapter S Corporation for cannabis related management and monitoring services for the not-to-exceed amount of $100,880.

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 approves the second amendment to an agreement between the City of National City and SCI Consulting Group for cannabis related management and monitoring services for the not-toexceed amount of $100,880 and further agree that, with foregoing exceptions, each and every other term and provision of the October 5, 2021 Agreement shall remain in full force and effect.

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 5th day of December, 2023.

Ron Morrison, Mayor
ATTEST:

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

Barry J. Schultz, City Attorney

AGENDA REPORT
Department: City Manager's Office
Prepared by: Pedro Garcia, Economic Development Manager Meeting Date: Tuesday, December 5, 2023
Approved by: Ben Martinez, Interim City Manager
SUBJECT:

Approval of the Agreement between the City of National City and SCI Consulting Group.

RECOMMENDATION:

Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the City Manager to Enter into an Agreement Between the City of National City and SCI Consulting Group for Cannabis Related Management and Monitoring Services for a Not-to-Exceed Amount of $27,500.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

The City of National City on October 5, 2021, executed an agreement with SCI Consulting Group to provide the City Manager with a range of consulting services related to commercial cannabis focused on the application process. The application process began in April 2022 and ended in July of 2023. During that time, the City also processed two cannabis appeals that our third-party consultant SCI Consulting Group supported.

The City continues work related to the City’s cannabis program, but is now focused on future operating cannabis businesses of the City. As part of operating a cannabis business in National City, the City is requiring annual compliance audits that SCI Consulting Group will perform at the cost of the business owner. For this task, SCI will provide comprehensive onsite facility inspections for each commercial cannabis business and report to the City the results of inspections relative to the City’s local regulations and ordinances, conditions of approval, staffdirected priorities and preferences, and State law. SCI’s monitoring and compliance efforts will satisfy the most rigorous requirements and at the same time, provide a successful platform for the cannabis businesses. SCI will also provide the optional service of financial audits and technical assistance.

1. Task 1 – Technical Assistance and Subject Matter Expertise - $6,500

2. Task 2 – Compliance Inspections - $2,000 per inspection (6 total)

3. Task 3 – Financial Audits - $6,500 per audit (optional) Staff is recommending authorizing the City Manager to enter into an agreement with SCI Consulting Group in a not-to-exceed amount of $27,500 for the purpose of compliance inspections and cannabis related technical support.

FINANCIAL STATEMENT:

Sufficient funds exist in the Non-Departmental Professional Services account 001-409-000-213- 0000.

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 – Resolution
Exhibit B – Professional Service Agreement
Exhibit C – SCI Consulting Proposal

RESOLUTION NO. 2023 -

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

AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE

CITY OF NATIONAL CITY AND SCI CONSULTING GROUP FOR CANNABIS-RELATED

MANAGEMENT AND MONITORING SERVICES FOR A NOT TO EXCEED AMOUNT OF $27,500
WHEREAS, the City of National City (“City”) engages outside cannabis consulting services; and
WHEREAS, the City is now focused on future operating cannabis businesses and their annual requirement of compliance inspections; and
WHEREAS, this agreement will allow SCI Consulting Group to continue to perform work for the City with all of the approved cannabis businesses in the city; and WHEREAS, City staff recommends City Council authorize the City Manager to enter into an agreement between the City of National City and SCI Consulting Group for cannabis-related management and monitoring services for the not-to-exceed amount of $27,500; and

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

Section 1: That the City Council hereby authorizes the City Manager to execute an agreement between the City and SCI Consulting Group for cannabisrelated management and monitoring services for the not-to-exceed amount of $27,500 from December 5, 2023, to June 30, 2025.

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 5th day of December, 2023.

Ron Morrison, Mayor
ATTEST:

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

Barry J. Schultz, City Attorney

AGREEMENT

BY AND BETWEEN

THE CITY OF NATIONAL CITY
AND

SCI CONSULTING GROUP
THIS AGREEMENT is entered into on this 5th day of December , 2023, by and between the CITY OF NATIONAL CITY, a municipal corporation (the “CITY”), and SCI CONSULTING GROUP a Corporation.(the “CONSULTANT”).

R E C I T A L S
WHEREAS, the CITY desires to employ a CONSULTANT to provide cannabis related management and monitoring services. A full scope of services is set forth in the attached Exhibit “A”.

WHEREAS, the CITY has determined that the CONSULTANT is a public finance and urban economic consulting firm 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 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 December 5, 2023 The duration of this Agreement is for the period of through June 30, 2025. This Agreement may be extended by mutual agreement The Parties may exercise up to three extensions. Any extension of this Agreement must be approved in writing by the City Manager.

3. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit “A”.]
The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings specified in Exhibit “A” to keep staff and City Council advised of the progress on the project.

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

Standard Agreement Page 2 of 11 City of National City and SCI Consulting Group

4. PROJECT COORDINATION AND SUPERVISION. City Managers 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. The City Manager or their designe thereby is designated as the Project Director for the CONSULTANT.

5. COMPENSATION AND PAYMENT. The compensation for the
CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit “A” shall not exceed $27,500. 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, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested.

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

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

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

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

The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT’S written work product for the CITY’S purposes, and the CONSULTANT expressly waives and disclaims

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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 employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY’S employees, including but not limited to retirement, medical, unemployment, or workers’ compensation insurance.

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

Nothing herein 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 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.

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12. STANDARD OF CARE.

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

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

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

13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical 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 post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause.

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

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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 include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers, employees or volunteers. CITY will cooperate reasonably in the defense of any action, and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney.

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

16. EMPLOYEE PAYMENTS AND INDEMNIFICATION.

16.1 PERS Eligibility Indemnification. If CONTRACTOR’s employee(s) providing services under this Agreement claims, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee 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) receive any employer contributions paid by CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would accrue to a CITY employee. CONTRACTOR’s employees hereby waive any claims to benefits or compensation described in this Section 16. This Section 16 applies to CONTRACTOR notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary.

16.2 Limitation of CITY Liability. The payment made to CONTRACTOR under this Agreement shall be the full and complete compensation to which CONTRACTOR and CONTRACTOR’s officers, employees, agents, and subcontractors are entitled for performance of

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any work under this Agreement. Neither CONTRACTOR nor CONTRACTOR’s officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of CONTRACTOR. The CITY shall not be required to pay any workers’ compensation insurance on behalf of CONTRACTOR.

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

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

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

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

B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non-owned, and hired vehicles. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided.

C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per 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.

D. Workers’ Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT’S employees and employers’ liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed

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with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement.

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

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

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

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

City of National City
c/o Risk Manager
1243 National City Boulevard
National City, CA 91950-4397
H. Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder’s alphabetic and financial size category rating of not less than A:VII according to the current Best’s Key Rating Guide, or a company of equal financial stability that is approved by the CITY’S Risk Manager. In the event coverage is provided by nonadmitted “surplus lines” carriers, they must be included on the most recent List of Approved Surplus Line Insurers (“LASLI”) and otherwise meet rating requirements.

I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY’S Risk Manager. If the CONSULTANT does not keep all insurance policies required by this Section 18 in full force and effect at all times during the term of this Agreement, the CITY may treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein.

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

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

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

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

20. TERMINATION.

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

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

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

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

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

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

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

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when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons:

To CITY: Pedro Garcia
Economic Development Manager
City Manager’s Office
City of National City
1243 National City Boulevard
National City, CA 91950-4397
To CONSULTANT:

John Bliss
Presdient
SCI Consulting Group
4745 Mangels Boulevard
Fairfield, CA 94534
Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section.

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

If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code.

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

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

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

24. ADMINISTRATIVE PROVISIONS.

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

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

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

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

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

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

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

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

I. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California.

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

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

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

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

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

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

CITY OF NATIONAL CITY
By: ____________________________
Ron Morrison, Mayor
APPROVED AS TO FORM:

By: ____________________________
Barry J. Schultz
City Attorney
SCI Consulting Group
(Corporation – signatures of two corporate officers required) (Partnership or Sole proprietorship – one signature)
By: ______________________________
(Name)
______________________________
(Print)
______________________________
(Title)
By: ______________________________
(Name)
______________________________
(Print)
______________________________
(Title)

Proposal For CITY OF NATIONAL CITY
Cannabis Consulting Services
In Response to:

Request for Proposal – Cannabis Consulting Services

City of National City
Proposal for Cannabis Consulting Services
By SCIConsultingGroup, November 2023
Page i
November 13, 2023
Pedro Garcia
Economic Development Manager
City of National City
1243 National City Boulevard
National City, CA 91950
Re: City of National City Request for Proposal - Cannabis Consulting Services

Dear Mr. Garcia:

SCIConsultingGroup (“SCI”) and The Pun Group LLP, (collectively known as “the SCI Team”) are pleased to submit this proposal in response to the City of National City’s (“City”) Request for Proposal for cannabisrelated consulting services. The SCI Team proposes to provide the complete suite of services necessary for the successful management and oversight of the City’s local cannabis program, as fully described in our Scope of Work:

1. Technical Assistance and Subject Matter Expertise

2. Compliance Inspections

3. Optional - Financial Audits
As one of California’s leading local cannabis policy consulting firms, SCI has broad and direct experience providing support for regulated local cannabis businesses in various municipalities throughout the State.

We have assisted with regulated cannabis policy and implementation for over 30 California municipalities over the past seven years. We believe our expert knowledge of the cannabis industry, coupled with our broad experience providing municipalities with regulation, revenue, and administration consulting services, will serve the City of National City well.

We look forward to the opportunity to assist the City with thisimportant project. If you have any questions or require additional information, please do not hesitate to contact me. I can be reached via e-mail at [email protected] or on my cell phone at
Sincerely,
President, SCI Consulting Group
4745 Mangels Blvd.

Fairfield, CA 94534

City of National City
Proposal for Cannabis Consulting Services
By SCIConsultingGroup, November 2023
Page ii
Table of Contents
Experience and Qualifications.........................................................................................1 SCI Consulting Group ............................................................................................................1 The Pun Group......................................................................................................................2 Project Team...................................................................................................................3 SCI Consulting Group ............................................................................................................3 Sub-Contractor (The Pun Group)...........................................................................................4 Scope of Work.................................................................................................................5

1. Technical Assistance and Subject Matter Expertise.....................................................5

2. Compliance Inspections..............................................................................................5

3. Financial Audits..........................................................................................................6 Fee Schedule...................................................................................................................8 References......................................................................................................................9

City of National City
Proposal for Cannabis Consulting Services
By SCIConsultingGroup, November 2023

Experience and Qualifications
SCI Consulting Group
SCI is a public finance and urban economic consulting firm with over 35 years of expertise in assisting public agencies in California with developing policy, planning and successfully establishing new revenues (taxes, fees, assessments, regulations) for their service and capital improvement needs, and managing special levies.

SCI provides cannabis-related advice and broad consulting services to a variety of public agencies in California, including community support analysis, ordinance development, fee studies, taxation, implementation, application process development, application review and scoring, monitoring and compliance, business tax auditing, community outreach and engagement, and social equity consulting.

We were perhaps the very first consulting firm to provide a full suite of local cannabis policy implementation services to California municipalities and developed the “6 Key Elements of Cannabis Implementation” approach that is the standard today:

1. Community Research and Outreach (Meetings & Surveys)

2. Health and Safety & Land Use Regulations (Ordinance(s))

3. Full Cost Recovery (Regulatory Fees)

4. Revenue (Taxation Ballot Measures)

5. Local Industry Selections (Application and Selection Process)

6. Monitoring and Compliance
And more recently, we have added, and become a State leader in:

1. Social Equity (We are currently providing these services to the Cities of Adelanto, Richmond, Santa Rosa, and Vista)
Our core philosophy and approach towards the implementation of local cannabis policy is more broadly balanced than that of our competitors. Our philosophy comes from our genesis as a solution-based engineering firm that has evolved and developed in-house expertise in public policy, community outreach, and social equity. Although our quantitative and regulatory rigor, and attention to detail, are unsurpassed, we balance this with realistic approaches to a real-world challenge, fully understanding and supporting the City’s challenging transition into a regulated and legal cannabis business arena. Hence, SCI balances enforcement of local and State code along with the need to support viable cannabis businesses and to shepherd non-compliant businesses into a safe and regulated environment.

City of National City
Proposal for Cannabis Consulting Services
By SCIConsultingGroup, November 2023

Over the last seven years, SCI has emerged as one of California’s premier local cannabis policy firms offering a full range of “one-stop-shop” services in support of the successful implementation of regulated cannabis business within a City or County. However, as we emphasized above, our approach is different that our competitors as we “balance enforcement of local and State code along with the need to support viable cannabis businesses and to shepherd non-compliant businesses into a safe and regulated environment.”
The Pun Group
The Pun Group LLP, Certified Public Accountants, and Business Advisors, founded in 2012, is a limited liability partnership. We are a full-service accounting firm comprised of forty (40) professionals providing auditing, accounting, and advisory services to our clients. Our Governmental Division consists of thirty-five (35) full-time individuals. The Firm has no part-time employees. The Firm’s headquarters located in Orange County, California, with four branches in San Diego (California), Walnut Creek (California), Las Vegas (Nevada), and Phoenix (Arizona).

The combination of our hands-on experience and practical knowledge exercised by our audit professionals makes the Firm unique in our field. Our technical expertise and thorough understanding of current regulations and issues—along with the Firm’s commitment to hard work, integrity, and teamwork on every engagement—enable us to help our clients succeed.

Our Partners’ Group—which includes Kenneth H. Pun, Coley Delaney, Frances J. Kuo, Kenneth A.

Macias, Vanessa I. Burke, John F. Georger, Jr., Gary M. Caporicci, and Heidy K. Chow—provide auditing, accounting, and advisory services to numerous governmental entities throughout the United States. With more than two hundred (200) years of combined experience in the industry, we have become a trusted business partner and are well-respected as leaders in the industry in one of the fastest-growing firms. With nearly 100 government and not-for-profit audit clients, our Partners have a real passion for the industry and believe we are unmatched regarding our municipal experience.

In 2018, The Pun Group teamed up with a Canadian Certified Public Accounting Firm to provide professional auditing services to a Los Angeles base Cannabis business (Cultivator and Distributor) to assist them in their Initial Public Offering (IPO) process.

Furthermore, The Pun Group LLP has performed numerous audits of organizations subject to financial and compliance audits. These audits were performed under auditing standards generally accepted in the United States, Government Auditing Standards, Uniform Guidance (formerly known as OMB Circular A-133), and its Compliance Supplement (when applicable), Office of the State Controller’s Minimum Audit Requirements and Reporting Guidelines. The Pun Group currently provides cannabis business tax audits for the Cities of Fairfield, Salinas, San Bernardino, and Stockton.

City of National City
Proposal for Cannabis Consulting Services
By SCIConsultingGroup, November 2023

Project Team
Kyle Tankard, Senior Consultant and Cannabis Business Leader at SCI, will serve as the project leader and day-to-day project manager for the SCI portion of the work. John Bliss will support Kyle’s efforts. David Siris, of the Pun Group, will lead the financial audit work with support from Ken Pun.

SCI Consulting Group
Kyle Tankard Senior Consultant – Cannabis Business Leader Kyle Tankard serves as the Cannabis Business Leader at SCI providing local cannabis policy expertise in California since 2016. He plays a diverse role, assisting municipalities with all aspects of local cannabis implementation including regulatory and equity program development, taxation policy and cost recovery, cannabis compliance, application review, and cannabis-related public education. Kyle has established himself as a leader in cannabis equity, assisting with the development and implementation of local cannabis equity programs for the Cities of Richmond, Palm Springs, and Stockton. He currently manages a portfolio of over 15 cannabis clients, providing a variety of ongoing cannabis-related services including application review, plan checks, compliance inspections, and equity analysis and program development.

Kyle received his bachelor’s degree in Environmental Studies from the University of California, Santa Cruz, with emphases in geographic information systems (GIS).

John Bliss M.Eng., P.E., President
John Bliss, a professional engineer and President of SCI, specializes in local cannabis policy, and special revenue consulting. He was instrumental in developing the now-standard implementation process used by most municipalities in California to implement local cannabis policy. Mr. Bliss has had a long career developing and implementing equity, diversity and inclusion policy reaching back almost 30 years to the ground-breaking implementation for the City of San Francisco public works construction employment following the Rodney King uprising in 1991. He is a graduate of Brown University with a Bachelor of Science Degree in Engineering. He holds a master’s degree in Civil Engineering from The University of California, Berkeley, where he was a Regent's Scholar. Mr. Bliss is a licensed Professional Civil Engineer in the State of California and is a LEED accredited professional.

City of National City
Proposal for Cannabis Consulting Services
By SCIConsultingGroup, November 2023

Sub-Contractor (The Pun Group)
Kenneth H. Pun CPA, CGMA
With over twenty years of public accounting experience in the State and Local Government sector, Mr. Pun is the Managing Partner and an Assurance Partner at the Firm. Ken specializes in audits and management consulting for governmental organizations and has served as the Contract Deputy Finance Director for the City of San Marino in 2017. Mr. Pun also serves as the Chair of the California Society of CPAs Governmental Auditing Accounting Committee. He has been nominated for this year’s Innovative Practitioner of the Year 2020 award by AICPA’s CPA.com.

David Siris CPA, Advisory Service Manager
David Siris draws more than nine years of governmental accounting experience. Mr. Siris has successfully performed audits and other attestation services for several governmental and non-profit agencies. Working as an Engagement Manager, he will assist Mr. Pun in all issues related to cannabis tax policies, fiscal analysis, compliance reviews, tax audits/assessments, and providing best practices to ensure all state and local laws are followed.

City of National City
Proposal for Cannabis Consulting Services
By SCIConsultingGroup, November 2023

Scope of Work
SCI Team will conduct a project kick-off meeting with City staff to establish project priorities and goals, communication protocols, and timelines. Further, we will gather and review all applicable information needed to perform the required tasks. SCI will be available to meet via teleconference call on a regular basis when work is in progress and will be available to attend regularly scheduled coordination meetings as necessary when work is in progress.

1. Technical Assistance and Subject Matter Expertise
SCI will provide up to 10 hours of general consulting to be utilized on an as-needed basis at the City’s Request. Such assistance may include technical assistance, subject matter expertise, monitoring changes to State laws and regulations, application review, ordinance amendments, participation in conference calls, responding to staff inquires, and addressing any other issues that may arise at the City's request.

2. Compliance Inspections
For this task, SCI will provide comprehensive onsite facility inspections for each commercial cannabis business and report to the City the results of inspections relative to the City’s local regulations and ordinances, conditions of approval, staff-directed priorities and preferences, and State law. SCI’s monitoring and compliance efforts will satisfy the most rigorous requirements and at the same time, provide a successful platform for the cannabis businesses.

In collaboration with the City, SCI will prepare an inspection checklist for each cannabis activity.

Prior to conducting each inspection, SCI will prepare notification to the businesses to schedule inspections. Following the inspection, SCI will provide the City with a written report detailing the results of the compliance inspection including photo documentation of any violations. SCI will provide follow-up support to the City and cannabis businesses to provide recommendations to address and correct any deficiencies.

Among the elements and activities SCI will monitor are as follows:
 Product: Inventory management, seed-to-sale tracking, packaging and labeling verification, product testing protocols, etc.
 Record Retention: Review and confirm employee records, business records, tax information records, transportation manifests, video surveillance retention, equipment certifications, training programs and safety programs.

City of National City
Proposal for Cannabis Consulting Services
By SCIConsultingGroup, November 2023

 Security and Surveillance: Verify video surveillance equipment, camera placement, alarm systems, locks, facility access control, security guards, occupational badges, and other security and safety processes.
 Facility Compliance: Verify facility’s operational compliance including waste management, odor control, pesticide and solvent storage, signage, cash handling procedures, product shipment and receival procedures, etc.

The SCI Team is available to begin onsite compliance inspections for operational cannabis businesses upon execution of the contract. We understand the timeline for operation will be unique to each business as they navigate through the local permitting and State licensing process and buildout phase. The SCI Team will maintain the flexibility to conduct the first inspection once operational. If additional inspections are requested by the City, they will be scheduled proportionately throughout the year.

Deliverables:
 Conduct onsite facility inspections.
 Provide written report detailing the findings of inspections.  Provide follow-up support and recommendations.

3. Optional - Financial Audits
The SCI Team, led by the David Siris of The Pun Group for this task, will provide comprehensive annual auditing of cannabis businesses in order to ensure that the City receives full payment of all Cannabis Public Benefit Amounts, and ensuring compliance with applicable laws.

We will perform the following steps to deliver the services requested by the City:

Cannabis
Business Gross
Receipts
• Evaluate consistency between gross receipts and other information reported on financial statements to what was reported to the CDTFA for sales and use tax, cannabis excise tax, and/or cultivation tax.
• Evaluate consistency between gross receipts reported on financial statements to gross receipts reported to the City.

Collection and
Audit
of any Cannabis
Fee
• Ensure each cannabis facility is complying with applicable portions of the City’s Code and is submitting the true amount of gross receipts and fees. • Review business license fee returns submitted by the business and collected by the City and compare to each business’s records for the time period identified by the City to determine accuracy and timeliness of gross receipts returns filed with the City.
• Trace and verify the gross receipts reported on the quarterly gross receipts returns prepared by the business to gross receipts recorded in the business’s accounting records to verify that these were in accordance with the City’s regulations. • Verify reasonableness of reported revenues

City of National City
Proposal for Cannabis Consulting Services
By SCIConsultingGroup, November 2023

• We will issue all reports to the City in accordance with applicable standards from generally accepted auditing standards (GAAS).
• The report for each cannabis business license fee audit will include the following information:
• The overall conclusion of whether or not the cannabis business paid all required business license taxes and fees for the time period specified. • Any exceptions, errors, or areas of noncompliance were identified as a result of the procedures performed. This includes any significant deficiency in the design or operation of the internal control structure, including but not limited to the following areas: cash handling, inventory control, point of sale systems, and any other areas that the auditor deems necessary for purposes of accurately reporting business license taxes due to the City.
• Express an opinion regarding the taxes remitted to the City by the cannabis business, or state that an opinion cannot be expressed in the auditor’s report. If the Firm concludes, it cannot express an overall opinion. The engagement team will state the reasons, therefore, in the auditor’s report.
• Examine records and documentation that demonstrates that all cannabis goods have been obtained from, and are provided to, other licensed cannabis businesses and that details all the revenues and expenses, and assets and liabilities of the business.
• Examine books of account, invoices, copies of orders and sales, shipping instructions, bills of lading, weigh bills, bank statements including canceled checks and deposit slips, and all other records necessary to show all transactions of the cannabis business.

State Rule
Making
Interpretation
and
Implementation
• Check for compliance with the latest officially approved state regulations for cannabis businesses across the supply chain. Licensees are required to comply with all rules and regulations pertaining to their license type, as well as follow all other applicable state laws.

Deliverables:
 Prepare and send notification letters to each cannabis business.  Annual Financial Audit and Audit Report for each cannabis business.

City of National City
Proposal for Cannabis Consulting Services
By SCIConsultingGroup, November 2023

Fee Schedule
In consideration for the Tasks as detailed in the Scope of Work, the estimated compensation is detailed below by task:

Incidental costs incurred for the purchase of additional travel and other out-of-pocket expenses will be reimbursed at actual cost, with the total not to exceed $2,500 per year without prior authorization from the City. Any face-to-face meetings, if required, shall be billed at the rate of $1,500 per person, per meeting. The SCI Team is available to meet via teleconference call on a regular basis at no additional charge.

SCI Staff _ Hourly Rate
John Bliss, President $ 300
Kyle Tankard, Cannabis Services Group Leader $ 325
Support Staff $ 75
The Pun Group Staff Hourly Rate
Ken Pun, Engagement Partner $ 200
David Siris, Manager $ 175
Estimated Costs
Task 1: Technical Assistance and Subject Matter Expertise (up to 20 hours at $325/hour to be used as needed) $6,500 Task 2: $2,000
per inspection
Task 3: $6,500
per audit
$6,500
$12,000
$6,500
$2,500
TOTAL NOT TO EXCEED $27,500
Task 3 (1 audits at $6,500 each)
Compliance Inspections
Scope of Work
Optional - Financial Audits
Estimate of Total Costs
Task 1
Task 2 (6 inspections at $2,000 each)
Incidentals (travel and other out-of-pocket expenses )

City of National City
Proposal for Cannabis Consulting Services
By SCIConsultingGroup, November 2023

References
City of Shasta Lake
Contact: Jessaca Lugo, City Manager
[email protected]; (530) 275-7464
Start/End Dates: December 2017 – Present
Personnel: Kyle Tankard (Project Manager); John Bliss (Support) Services: Ordinance Development, Cost Recovery Analysis, and Compliance Inspections
City of Fairfield
Contact: David Feinstein, Planning Division Manager
[email protected]; (707) 428-7448
Start/End Dates: September 2021 – Present
Personnel: Kyle Tankard (Project Manager and Inspector), John Bliss (Support); David Siris (Financial Auditor)
Services: Plan Checks, Background Checks, Compliance Inspections, and Financial Audits
City of San Bernardino
Contact: Stephanie Castro, Economic Development Project Manager [email protected]; (909) 384-5357
Start/End Dates: December 2019– Present
Personnel: Kyle Tankard (Project Manager and Inspector), John Bliss (Support); David Siris (Financial Auditor)
Services: Plan Checks, Background Checks, Compliance Inspections, and Financial Audits
A full list of our current and past cannabis clients is listed below:

Cities Counties
Alameda El Monte National City Santa Clara Alameda
Adelanto
Avalon
Encinitas
Fairfield
Nevada City
Oroville
Santa Rosa
Shasta Lake
San Benito
San Diego
Coalinga Fontana Palm Springs Stockton San Luis Obispo
Colfax La Mesa Richmond Vallejo Tuolumne
Concord Livingston Salinas West Hollywood
Davis Lompoc San Bernardino Woodlake
Dunsmuir Merced San Carlos Yreka

AGENDA REPORT
Department: City Attorney's Office
Prepared by: Barry J. Schultz, City Attorney
Meeting Date: Tuesday, December 5, 2023
Approved by: Benjamin A. Martinez, Interim City Manager SUBJECT:

Authorize the City Manager to Execute a Third Amendment with Claims Management Associates, Inc., Extending the Term by One Year and Increasing the Not-to-Exceed Amount by $80,000.

RECOMMENDATION:

Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the City Manager to Execute a Third Amendment to the Agreement with Claims Management Associates, Inc. to Extend the Term of the Agreement by One Year and Increase the Not-to-Exceed Amount by $80,000.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

On September 17, 2019, the City of National City and Claims Management Associates, Inc. entered into an agreement for Risk Management Liability Consulting services, including liability claims management, adjusting, and investigation, for a not-to-exceed amount of $160,000 and a two (2) year term.

The Agreement provided that it may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year term and that the parties may exercise up to three (3) one-year extensions.

On April 1, 2021, and September 15, 2022, the parties executed amendments to the Agreement to extend the term of the Agreement for one (1) year each. The parties have not previously increased the not-to-exceed amount to account for continued Services over the extended term.

Based on the Consultant’s performance and quality of work, expiring agreement, and to ensure the continuation of the Services, City Staff recommends City Council adopt this Resolution authorizing a Third Amendment to the Agreement to extend the term to June 30, 2024, and increase the not-to-exceed amount by $80,000, for a total not-to-exceed amount of $240,000, to provide sufficient funding for the Services over the extended term of the Agreement.

Sufficient funding for the continued Services has already been included in the Fiscal Year 2023- 24 budget.

FINANCIAL STATEMENT:
627-405-081-213-0000 Risk Professional Services Account

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:

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

ORDINANCE:

Not Applicable
EXHIBITS:

Exhibit A – Third Amendment to Agreement
Exhibit B – Resolution

Benjamin A. Martinez
Interim City Manager

RESOLUTION NO. 2023 -

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

AUTHORIZING THE CITY MANAGER TO EXECUTE A THIRD AMENDMENT TO THE AGREEMENT WITH CLAIMS MANAGEMENT ASSOCIATES, INC. TO EXTEND THE

TERM OF THE AGREEMENT BY ONE YEAR AND INCREASE THE NOT-TO-EXCEED AMOUNT BY $80,000.

WHEREAS, on September 17, 2019, the City of National City (“City”) and Claims Management Associates, Inc. (“Consultant”) entered into an agreement (the “Agreement”) for risk management liability consulting services, including liability claims management, adjusting, and investigation (the “Services”), for a not-to-exceed amount of $160,000 and a two (2) year term; and
WHEREAS, the Agreement provided that it may by extended by mutual agreement upon the same terms and conditions for an additional one (1) year term and that the parties may exercise up to three (3) one-year extensions; and
WHEREAS, on April 1, 2021 and September 15, 2022, the parties executed amendments to the Agreement to extend the term of the Agreement for one (1) year each; and WHEREAS, the parties desire to amend the Agreement by exercising the third and final of the three (3) one-year options to extend the term of the Agreement to June 30, 2024; and WHEREAS, the parties have not previously increased the not-to-exceed amount to account for continued Services over the extended term; and WHEREAS, sufficient funding for the continued Services has already been included in the Fiscal Year 2023-24 budget; and
WHEREAS, based on Consultant’s performance and quality of work, expiring agreement, and to ensure continuation of the Services, City staff recommends City Council adopt this Resolution authorizing a Third Amendment to the Agreement to extend the term to June 30, 2024 and increase the not-to-exceed amount by $80,000, for a total not-to-exceed amount of $240,000, to provide sufficient funding for the Services over the extended term of the Agreement.

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

Section 1: That the City Council hereby authorizes the City Manager to execute a Third Amendment to the agreement with Claims Management Associates, Inc. to extend the agreement by one (1) year to June 30, 2024 and increase the not-to-exceed amount by $80,000.

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 5th day of December, 2023.

Ron Morrison, Mayor
ATTEST:

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

Barry J. Schultz, City Attorney

AGENDA REPORT
Department: Engineering
Prepared by: Ricardo Rodriguez, Assistant Engineer-Civil Meeting Date: Tuesday, December 5, 2023
Approved by: Ben Martinez, Interim City Manager
SUBJECT:

Authorizing Submittal of Individual Grant Applications for All California Department of Resources Recycling and Recovery (CalRecycle) Grant Programs for which the City of National City is Eligible.

RECOMMENDATION:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing Submittal of Individual Grant Applications for all California Department of Resources Recycling and Recovery Grant Programs for which the City of National City is Eligible.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

Staff is requesting authorization to file an application for an SB 1383 Local Assistance Grant (OWR4) cycle with the California Department of Resources Recycling and Recovery (CalRecycle).

SB 1383 was initially adopted and signed into law in 2016, setting forth emissions targets for short-lived climate pollutants, which are organic waste, and surplus food that is disposed of as solid waste. Organic waste in landfills produces methane and air pollutants. The target reductions of SB 1383 went into effect in 2022 and implemented many new regulations and requirements for local agencies, residents, and businesses. The SB 1383 Local Assistance Grant provides funding for local agencies responsible for education, enforcement, and capacity planning.

SB 1383 set goals to reduce organic waste disposal and rescue edible food. This requires significant efforts and enforcement responsibilities for jurisdictions. Understanding the impact of the additional requirements on local agencies, CalRecycle made grant funds available for implementation in 2022 which the City applied for and received. Based on continued feedback and upcoming enforcement responsibilities, CalRecycle has made a second round of grant funding available for local agencies. The estimated award amount the City of National City is eligible to receive is $119,365. Awarded grant funds will be used to fund the edible food program management contract and to identify and manage the organic collection program for businesses.

Acceptance of the grant funds requires the adoption of a resolution. The proposed Resolution authorizes the City Manager, or their designee, to apply for and execute any CalRecycle grant agreements for which the City is eligible and is effective for a period of five years. The City previously adopted a substantially similar resolution in 2016 (Resolution No. 2016-64), but the proposed Resolution reflects CalRecycle’s current standards for such resolutions.

FINANCIAL STATEMENT:

The estimated funding amount allocated for the City of National City is $119,365 for this Grant Cycle. Revenue and expense accounts will be established at the point at which the City is awarded a grant.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Health, Environment, and Sustainability
ENVIRONMENTAL REVIEW:

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

PUBLIC NOTIFICATION:

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

ORDINANCE:

Not Applicable
EXHIBIT:

Exhibit A - Resolution

RESOLUTION NO. 2023 -

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

AUTHORIZING SUBMITTAL OF INDIVIDUAL GRANT APPLICATIONS FOR ALL

CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY GRANT

PROGRAMS FOR WHICH THE CITY OF NATIONAL CITY IS ELIGIBLE WHEREAS, Public Resources Code section 48000 et seq. authorizes the California Department of Resources Recycling and Recovery (“CalRecycle”) to administer various grant programs (collectively, “Grants”) in furtherance of the State of California’s (”State”) efforts to reduce, recycle and reuse solid waste generated in the State, thereby preserving landfill capacity and protecting public health and safety and the environment; and WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures governing the application, awarding, and management of the Grants; and WHEREAS, CalRecycle’s Grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle Grants.

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 submittal of applications to CalRecycle for all grants for which the City of National City is eligible.

Section 2: That the City Manager, or their designee, is hereby authorized and empowered to execute in the name of National City for all grant documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved grant project.

Section 3: That these authorizations are effective for five years from the date of adoption.

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

PASSED and ADOPTED this 5th day of December, 2023.

Ron Morrison, Mayor
ATTEST:

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

Barry J. Schultz, City Attorney

AGENDA REPORT
Department: Administrative Services - Human Resources
Prepared by: Molly Brennan, Administrative Services Director Meeting Date: Tuesday, December 5, 2023
Approved by: Ben Martinez, Interim City Manager
SUBJECT:

Civil Service Rule VII Amendment – Employee Performance Reports RECOMMENDATION:

Adopt the Resolution Entitled “Resolution of the City Council of the City of National City, California, Amending Civil Service Rule VII – Employee Performance Reports.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

On November 8, 2023 the National City Civil Service Commission voted unanimously to support the proposed amendments to Civil Service Rule VII. Exhibit A is a redlined version of Rule VII and Exhibit B is a clean version of the proposed update.

EXPLANATION:

City of National City Civil Service Rule VII defines the process and procedure for employee performance evaluations, also called employee performance reports. This rule has not been updated since the early 1990s and no longer represents our current process and procedure. The proposed revisions to Civil Service Rule VII will update the language to match the City’s desired process and procedure. Overall, we are working towards encouraging employee feedback and accountability, as well as accountability on the supervisors and managers for completing the annual employee performance report with each of their employees.

City staff recently revised the Employee Performance Report form to simplify the evaluation process, with the main change being a move from five degrees of performance (rating categories) to two. The Municipal Employees Association (MEA) and Civil Service Commission reviewed and provided input on the new report form, which will be released to all supervisors and managers once the Civil Service Rules are updated. The revised performance report form will apply to parttime, confidential, MEA, management, and executive employees. A review of the performance evaluation form for employees within Police and Fire operations will be next on the to-do list. If approved, the amendments to Civil Service Rule VII will apply to all employees in the classified service.

FINANCIAL STATEMENT:

There is no direct fiscal impact associated with this item.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Communication and Outreach
ENVIRONMENTAL REVIEW:

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

PUBLIC NOTIFICATION:

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

ORDINANCE:

Not Applicable
EXHIBITS:

Exhibit A – Proposed Civil Service Rule VII, redlined
Exhibit B – Proposed Civil Service Rule VII, clean
Exhibit C – Resolution

PAGE 57
City of National City

CIVIL SERVICE RULES
SECTION 701 - PERFORMANCE REPORT OBJECTIVES: The purpose of the Employee Performance Report (EPR) rating is to help develop a better City service and improve its employee performances through periodic evaluations and recording of the employee's performance on the basis of consistent work performance standards. Its objective is to have dialogue and open lines of communication between the employee and supervisor. It allows let management and the employee know how the employee is getting alonto discuss g, his/her the employee’s performance strong points as well as areas for improvement. This allows the supervisor to address any concerns noted and guide the employee towards improvement, as well as provide those that are weak, giving recognition for good work great performanceand providing a guide for improvement.

A performance report maybemay be used to help determine eligibility for promotion, as well as the order of lay -off and re -instatement. EPRs Ratings may also be taken into consideredation in matters relating to an employee transfer, and such disciplinary matters as suspension, demotion and separation. The EPR rating may should assist the supervisor to analyze the employee's performance and provide an opportunity to convert indefinite daily impressions into a be more objective history of the work performeanced, as well as allow for followed by open forms of - minded communicationdiscussion of t regarding the employee’s performance with the employee. (11/21/72) SECTION 702 - SUBMISSION OF PERFORMANCE REPORTS: To insure ensure the timely evaluationsubmittal of EPRs for all employees in the competitive service during the probationary period, the Personnel Human Resources (HR) DepartmentOffice shall provide notice to the department director of the required EPR due date. These notices will be provided evaluation to the department director thirty (30) days prior to the when an EPR is due (probationary or annual). expiration of the first six (6) months of the probation period, and again prior to the end of the probationary period. (The department may require additional evaluations during the probationary period.) The department director shall be responsible for the timely completion of the EPRevaluations and adherence to the City's procedures and guidelines. for effective evaluations.

Thereafter, annual EPRsperformance ratings are to be conducted for all employees in the competitive service covering the previous twelve (12) months of service. These EPRsperformance ratings shall be completed by the department director or designated supervisor/designee and approved by the

RULE VII

EMPLOYEE PERFORMANCE REPORTS

PAGE 58
reviewer on the date assigned by the Personnel HR Manager or HR Director, which will usually be the employee's regularly scheduled merit step date or anniversary date. The department director is responsible and will be held accountable for adherence to the City's EPR evaluation procedures, guidelines and schedules, and shall provide the original EPRtransmit such evaluations to the HR Personnel Department on a timely basis for filing recordation in the employee's official Human ResourcesHR Employee personnel file.
(03-11-93)

PAGE 59
Civil Service Rule VII – Employee Performance
SECTION 703 - DEGREES OF PERFORMANCE: For the purpose of this rule, the following general definitions shall apply:
1) Meets Standards – Employee has met all the performance standards at a competent level. During the rating period, the employee met the duties, responsibility and requirements of the position. 1)2) Performance Improvement Plan – Results show deficiencies, which seriously interfere with the employee’s ability to meet standards of the position. Performance requires immediate correction, and the employee must be placed on a Performance Improvement Plan (PIP) in order to correct and improve performance.
(a) "OUTSTANDING" is actual performance well beyond that required for the position. It is exceptional or signal performance, definitely superior or extraordinary. (b) "ABOVE STANDARD" represents performance which is better than that expected of a fully competent employee. It is superior to that which is expected, but is not of such signal or rare nature as to warrant "outstanding".
(c) "STANDARD" is the performance expected of a fully competent employee. It means thoroughly satisfactory and meeting the standards required for the position. (d) "BELOW STANDARD" is a level of performance less than expected of a fully competent employee. It must be thoroughly discussed with the employee. Goals for improvement should be recorded on the rating. (e) "UNSATISFACTORY" performance is definitely inferior to the standards required for the position. It is very inadequate or undesirable performance which should not be tolerated.

With the approval of the Commission, other degrees of performance and definitions may be used if judged by the department to better accomplish the objectives of this rule. (03-11-93) SECTION 704 - RESPONSIBILITY FOR ORIGINATING EMPLOYEE PERFORMANCE REPORTS:

The Personnel OfficeHR Department originates rating notices to department directors or forms for employees that are on probation reports and for all regular annual EPRsrating reports. The annual rating EPR due date for each employee is normally associated keyed to the employee's completion of probation date in his/her current classification. If there is an extension of probation, or other the annual EPR due date maybe be revised assigned by the Personnel Director HR Manager for administrative purposes.

An employee achieves career status by being retained in a regular position for more than the length of the probationary period. This may happen even though the employee's performance report is recorded as unsatisfactory. The responsibility for separating a probationary employee before the

PAGE 60
Civil Service Rule VII – Employee Performance
expiration of his/her probation period rests with the employee's department director appointing authority.

When an employee is placed on a PIP, Rating periods shown on tthe supervisor must contact the HR Department in order to determine if he forms during probation may require correction to an extension of d the probation is necessary period based because of on absences as indicated in Section 408 of these rules.

Civil Service Rule VII – Employee Performance
PAGE 59
Special EPRs ratings may be originated by a department whenever it is believed to be warranted and based on a change in performance that should be documented since the last rating EPR. It is and it is inappropriate to wait until the next scheduled ratingEPR is due. Special ratings EPRs shall be identified at the top of the form approved by the Personnel HR Department with rating period dates from the last rating to the date the special report EPR is issuedmade.

SA special annual EPRsrating report shall also be initiated by the appointing authority within sixty (60) days of a non-meeting standards EPR and shall include a PIP.n unsatisfactory report or when a merit step is denied unless the next regular rating period is within ninety (90) days of the filing of the unsatisfactory report, in which case the regular rating will be used only. (03-11-93) The department director will approve the special EPR.

SECTION 705 - PERFORMANCE RATING PROCEDURE: TheA EPR performance evaluation procedure and rating form will be used for all Civil Service classifications, except MidManagement and Safety Firefighting positions, which will continue to use which shallspecified use forms developed by the City Manager, and the Police and Fire Chief respectively, shall be developed by the Personnel Director and approved by the Civil Service Commission., which shall be adhered to by all department directors. (03-11-93)
SECTION 706 - EMPLOYEE GUIDANCE: Prior to the filing of a completed EPRperformance report with the Personnel OfficeHR Department, the supervisor/designeeperson who prepared the report shall discuss openly and frankly the employee's performance with him/her, pointing out any aspects of performance which could be improvedperformance which must be improved, as well as those worthy of commendation. The primary purpose of an objective discussion of the Employee Performance ReportEPR with the employee is to hat it gives the supervisor and the employee an opportunity to analyze and evaluate and discuss the employee’s performancehis/her own attitudes and practices in the light of his/her employee's views. It also offers an excellent opportunity to guide and counsel the employee as well as getting his/her participation in analyzing reviewing and improving job performance. The success of such discussion is dependent upon a positive and constructive attitude on the part of both supervisor and employee. (11/21/72) SECTION 707 - FILING OF PERFORMANCE REPORTS: Completed performance reports shall be filed with the Personnel OfficeHR Department within fourteen (14) calendar days following the period covered by the reportsEPR. (11/21/72) EPRs not completed within the 14 calendar days, will be noted as late and will be reported to the City Manager.

Civil Service Rule VII – Employee Performance Report
City of National City

CIVIL SERVICE
RULES
SECTION 701 - PERFORMANCE REPORT OBJECTIVES: The purpose of the Employee Performance Report (EPR) is to help develop and improve employee performance through periodic evaluations and recording of the employee's performance on the basis of consistent work performance standards. Its objective is to have dialogue and open lines of communication between the employee and supervisor. It allows management and the employee to discuss the employee’s performance as well as areas for improvement. This allows the supervisor to address any concerns noted and guide the employee towards improvement, as well as provide recognition for great performance.

A performance report may be used to help determine eligibility for promotion, as well as the order of lay off and re instatement. EPRs may also be considered in matters relating to an employee transfer, and such disciplinary matters as suspension, demotion and separation. The EPR may assist the supervisor to analyze the employee's performance and be more objective of the work performed, as well as allow for open forms of communication regarding the employee’s performance.

SECTION 702 - SUBMISSION OF PERFORMANCE REPORTS: To ensure the timely submittal of EPRs for all employees in the competitive service the Human Resources (HR) Department shall provide notice to the department director of the required EPR due date. These notices will be provided to the department director thirty (30) days prior to when an EPR is due (probationary or annual). The department director shall be responsible for the timely completion of the EPR and adherence to the City's procedures and guidelines.

EPRs are to be conducted for all employees in the competitive service covering the previous twelve (12) months of service. The EPRs shall be completed by the supervisor/designee and approved by the reviewer on the date assigned by the HR Manager or HR Director, which will usually be the employee's regularly scheduled merit step date or anniversary date. The department director is

RULE VII

EMPLOYEE PERFORMANCE REPORTS

Civil Service Rule VII – Employee Performance Report
responsible and will be held accountable for adherence to the City's EPR procedures, guidelines and schedules, and shall provide the original EPR to the HR Department on a timely basis for filing in the employee's official HR Employee file.

SECTION 703 - DEGREES OF PERFORMANCE: For the purpose of this rule, the following general definitions shall apply:
1) Meets Standards – Employee has met all the performance standards at a competent level. During the rating period, the employee met the duties, responsibility and requirements of the position. 2) Performance Improvement Plan – Results show deficiencies, which seriously interfere with the employee’s ability to meet standards of the position. Performance requires immediate correction, and the employee must be placed on a Performance Improvement Plan (PIP) in order to correct and improve performance.

With the approval of the Commission, other degrees of performance and definitions may be used if judged by the department to better accomplish the objectives of this rule.

SECTION 704 - RESPONSIBILITY FOR ORIGINATING EMPLOYEE PERFORMANCE REPORTS:

The HR Department originates notices to department directors for employees that are on probation and for all regular annual EPRs. The annual EPR due date for each employee is normally associated to the employee's completion of probation date in his/her current classification. If there is an extension of probation, the annual EPR due date maybe be revised by the HR Manager for administrative purposes.

An employee achieves career status by being retained in a regular position for more than the length of the probationary period. The responsibility for separating a probationary employee before the expiration of his/her probation period rests with the employee's department director.

When an employee is placed on a PIP, the supervisor must contact the HR Department in order to determine if an extension of probation is necessary based on absences as indicated in Section 408 of these rules.

Civil Service Rule VII – Employee Performance Report
PAGE 59
Special EPRs may be originated by a department whenever it is believed to be warranted and based on a change in performance that should be documented since the last EPR. It is inappropriate to wait until the next scheduled EPR is due. Special EPRs shall be identified at the top of the form approved by the HR Department with rating period dates from the last rating to the date the special EPR is issued.

Special EPRs shall be initiated by the appointing authority within sixty (60) days of a non-meeting standards EPR and shall include a PIP. The department director will approve the special EPR.

SECTION 705 - PERFORMANCE RATING PROCEDURE: The EPR form will be used for all Civil Service classifications, except -Management and Safety positions, which will continue to use specified forms developed by the City Manager, the Police and Fire Chief respectively, and approved by the Civil Service Commission.

SECTION 706 - EMPLOYEE GUIDANCE: Prior to the filing of a completed EPR with the HR Department, the supervisor/designee who prepared the report shall discuss openly and frankly the employee's performance with him/her, pointing out any aspects of performance which must be improved, as well as those worthy of commendation. The primary purpose of an objective discussion of the EPR with the employee is to give the supervisor and the employee an opportunity to evaluate and discuss the employee’s performance. It also offers an excellent opportunity to guide and counsel the employee as well as getting his/her participation in reviewing and improving job performance.

The success of such discussion is dependent upon a positive and constructive attitude on the part of both supervisor and employee.

SECTION 707 - FILING OF PERFORMANCE REPORTS: Completed performance reports shall be filed with the HR Department within fourteen (14) calendar days following the period covered by the EPR. EPRs not completed within the 14 calendar days, will be noted as late and will be reported to the City Manager.

RESOLUTION NO. 2023 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AMENDING CIVIL SERVICE RULE VII – EMPLOYEE PERFORMANCE REPORTS WHEREAS, the City of National City Civil Service Rule VII defines the process and procedure for employee performance evaluations, also called employee performance reports; and WHEREAS, Civil Service Rule VII has not been updated since the early 1990s and no longer represents the City’s current process and procedure; and WHEREAS, the proposed revisions to Civil Service Rule VII will update the language to match the City’s desired process and procedure; and
WHEREAS, the rule revision will encourage employee feedback and accountability, as well as accountability on the supervisors and managers for completing the annual employee performance report with each of their employees; and
WHEREAS, on November 8, 2023, the Civil Service Commission of the City of National City voted unanimously to amend Civil Service Rule VII – Employee Performance Reports as proposed in Exhibit A of the report.

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 approves amending Civil Service Rule VII as shown in Exhibit B.

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 5th day of December, 2023.

Ron Morrison, Mayor
ATTEST:

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

Barry J. Schultz, City Attorney

AGENDA REPORT
Department: Administrative Services - Finance
Prepared by: Sean Pfeifer, Management Analyst II
Meeting Date: Tuesday, December 5, 2023
Approved by: Ben Martinez, Interim City Manager
SUBJECT:

Development Impact Fees Annual Report Fiscal Year 2022-23 RECOMMENDATION:

Accept and file the report.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

The City requires the payment of development impact fees on new development as authorized by State of California Government Code Section 66000 et seq., which is known as the Mitigation Fee Act. The Mitigation Fee Act requires that an annual report and five-year reports be prepared regarding the collection and use of the Development Impact Fees (DIF fees). Fees collected must be spent in a timely manner. If fees are not spent within a period of 5 years, the report must provide an expenditure plan that justifies keeping the revenues for a longer period. The attached report provides revenue and expenditure information since the inception of the DIFs, fulfills the annual reporting requirements, and addresses future spending plans for the unspent balances.

The development impact fees for Parks and Recreation, Police, Fire, and Library were established in 2005 and have not been updated since that time. The transportation fees were established in 2008 based on a fee study conducted by the San Diego Association of Governments (SANDAG) and have been adjusted annually for inflation based on direction from SANDAG. Staff has solicited proposals from consultants to assist in reexamining these impact fees to ensure that they continue to reflect the capital facility impacts of new development as the general plan evolves and the development of the City progresses. Recommendations to adjust the development impact fees will be brought to City Council during calendar year 2024.

FINANCIAL STATEMENT:

Since inception, the City has collected approximately $4.1 million in development impact fees for Parks, Police, Fire and Library facilities and approximately $3.5 million in transportation development impact fees. See the attached report for details.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Housing and Community Development
ENVIRONMENTAL REVIEW:

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

PUBLIC NOTIFICATION:

The DIF Report was posted on the City’s website on or before November 20, 2023, meeting the Government Code Section 66006(b)(2) requirement that it be available to the public at least 15 days ahead of the December 5, 2023, City Council meeting at which it will be considered. The Agenda Report was posted not less than 72 hours before the meeting date and time in accordance with Brown Act.

ORDINANCE:

Not Applicable
EXHIBITS:

Exhibit A – Development Impact Fees Annual Report for Fiscal Year 2022-23

City of National City
Development Impact Fees
Annual Report for Fiscal Year 2022-23

Development Impact Fees FY 2022-23
City of National City
2 BACKGROUND
In 2005, based on a study completed for the City by MAXIMUS, Inc. and Tischler & Associates, the City Council adopted Resolution No. 2005-17, which established fees to be charged on new development in order to defray all or a portion of the cost of public facilities related to the development project. These fees are known as development impact fees (DIFs) and are permitted pursuant to the California Government Code beginning with Section 66000 (known as the Mitigation Fee Act). Pursuant to that resolution, the City collects impact fees for Police, Fire, Library, and Park facilities. While fees may be adjusted periodically to reflect construction cost increases, the City has not changed its fees since they were first adopted in 2005. The fees for these four categories are as shown in Table A below.

In 2008, the City Council adopted Ordinance 2310, which added Section 4.52 to the National City Municipal Code (NCMC) to establish a transportation development impact fee (TDIF). This fee was adopted to comply with the San Diego Association of Government’s (SANDAG’s) Regional Transportation Congestion Improvement Program (RTCIP) that requires the City to charge the fee to maintain eligibility for TransNet sales tax funding for transportation projects. SANDAG conducted a region-wide study which serves as the basis for the fee that was initially established at $2,000 per new residential unit. It is updated annually in accordance with direction provided by SANDAG. As of July 1, 2023, the TDIF is $2,741.97 per residential unit. No fee is collected for non-residential development. While such a fee is provided for in the NCMC, its imposition has been suspended per section 4.52.090.

TABLE A: DEVELOPMENT IMPACT FEE SCHEDULE (non-transportation) Facility Type
Parks &
Recreation Library Fire/EMS Police Total
Residential Per Housing Unit
Single Family $858 $172 $126 $318 $1,474
Multi-Family (4 or greater) $692 $139 $102 $257 $1,190
Mobile Home/Other $849 $139 $124 $315 $1,427
Non-Residential Per 1,000 Square Feet/Per Room for Hotel Com/Shop Ctr 25,000 SF or less $1,009 $2,549 $3,558
Com/Shop Ctr 25,001 SF - 50,000 SF $809 $2,043 $2,852
Com/Shop Ctr 50,001 SF - 100,000 SF $652 $1,649 $2,301
Com/Shop Ctr 100,001 SF - 200,000 SF $530 $1,340 $1,870 General Office 10,000 SF or less $448 $1,133 $1,581
General Office 10,001 SF - 25,000 SF $400 $1,012 $1,412 General Office 25,001 SF - 50,000 SF $367 $929 $1,296
General Office 50,001 SF - 100,000 SF $332 $840 $1,172
Business Park $282 $713 $995
Industrial Park $195 $493 $688
Warehousing $113 $286 $399
Manufacturing $144 $366 $510
Lodging $107 $270 $377

Development Impact Fees FY 2022-23
City of National City
3 REPORTING
Government Code Section 66006 requires that an annual report be prepared regarding the collection and use of the fees. Fees collected must be spent in a timely manner. If fees are not spent within a period of 5 years, a report must be filed that provides an expenditure plan that justifies keeping revenues for a longer period.

HISTORICAL SUMMARY
Over the last eighteen years, for the four facility types shown in Table A, the City has collected a combined total of $4,063,939 in development impact fees, of which $2,550,879 has been spent.

A summary of the total amount collected and spent by fiscal year is shown in Table B below followed by a graph (see Figure 1) that summarizes the revenues and expenditures by facility type. Tables C through F below break out the revenues and expenditures by year for those four facility types. The revenues and expenditures by year for the TDIF are shown in Table G below.

Ending balances for fiscal year 2022-23 are unaudited.

TABLE B: NATIONAL CITY DEVELOPMENT IMPACT FEES (non-transportation) –

SUMMARY
Beginning
Balance
Revenue Expenditures Ending
Balance
%
Spent
FY 2004-05 0.00 174,369.00 0.00 174,369.00
FY 2005-06 174,369.00 154,490.36 0.00 328,859.36
FY 2006-07 328,859.36 190,084.36 191,033.99 327,909.73
FY 2007-08 327,909.73 148,834.00 0.00 476,743.73
FY 2008-09 476,743.73 139,018.00 0.00 615,761.73
FY 2009-10 615,761.73 633,499.80 90,000.00 1,159,261.53 FY 2010-11 1,159,261.53 59,712.20 0.00 1,218,973.73
FY 2011-12 1,218,973.73 141,374.00 139,299.05 1,221,048.68 FY 2012-13 1,221,048.68 94,827.00 193,406.38 1,122,469.30 FY 2013-14 1,122,469.30 56,444.00 39,759.95 1,139,153.35 FY 2014-15 1,139,153.35 310,408.00 7,386.00 1,442,175.35 FY 2015-16 1,442,175.35 52,457.20 1,105,060.00 389,572.55 FY 2016-17 389,572.55 188,141.00 238,174.81 339,538.74
FY 2017-18 339,538.74 426,242.80 294,289.04 471,492.50
FY 2018-19 471,492.50 85,196.00 54,223.00 502,465.50
FY 2019-20 502,465.50 617,415.00 198,247.00 921,633.50
FY 2020-21 921,633.50 130,566.00 0.00 1,052,199.50
FY 2021-22 1,052,199.50 311,414.99 0.00 1,363,614.49
FY 2022-23 1,363,614.49 149,445.25 0.00 1,513,059.74
Total 4,063,938.96 2,550,879.22 1,513,059.74 62.8%

Development Impact Fees FY 2022-23
City of National City
4 FEE METHODOLOGY
There are three (3) methods that were used to determine the fees collected by the City for the Police, Fire, Parks and Library facilities. Each method requires that the spending of funds received be restricted as follows:
1) Plan Based Impact Fees – used for new facilities that will be needed due to the increase in development.
2) Cost Recovery Impact Fees – used to pay for existing facilities where the new development benefits from the remaining capacity and useful life of the facilities. 3) Incremental Expansion Impact Fees – used for expanding existing facilities to serve new development
Fees for Police, Fire, Library, and Parks facilities were calculated using one or more of the methods above depending upon the purpose of the fees.

STATUS OF THE FEE PROGRAM
This section, by facility type, describes the purpose for the fees, provides a history of revenues and expenditures since inception, describes how the money has been spent, and discusses the plans for future spending.

POLICE IMPACT FEES
All three (3) methods were used to calculate Police impact fees. The purpose for the fees as determined in 2005 was to accumulate funding to assist with the cost of a new police substation in conjunction with a new fire station, recover a portion of the costs associated with the police headquarters building and pay for the incremental addition of police vehicles. Revenue and expenditures are detailed below:

Total Revenue
Total Expenditures
$-
$500,000
$1,000,000
$1,500,000
$2,000,000

POLICE FIRE PARKS LIBRARY
Total Revenue $1,315,987 $538,868 $1,796,830 $412,253
Total Expenditures $1,127,008 $285,292 $928,579 $210,000 FIGURE 1
Impact Fees by Type FY2005 - FY2022

Development Impact Fees FY 2022-23
City of National City
5 TABLE C: NATIONAL CITY POLICE DEVELOPMENT IMPACT FEES POLICE Beginning
Balance
Revenue Expenditures Ending
Balance
%
Spent
FY 2004-05 0.00 37,620.75 0.00 37,620.75 100%
FY 2005-06 37,620.75 35,110.86 0.00 72,731.61 100%
FY 2006-07 72,731.61 90,523.08 0.00 163,254.69 100%
FY 2007-08 163,254.69 64,753.00 0.00 228,007.69 100%
FY 2008-09 228,007.69 60,274.00 0.00 288,281.69 100%
FY 2009-10 288,281.69 179,919.00 0.00 468,200.69 100%
FY 2010-11 468,200.69 25,025.00 0.00 493,225.69 100%
FY 2011-12 493,225.69 49,968.00 115,842.78 427,350.91 100% FY 2012-13 427,350.91 30,743.00 99,433.87 358,660.04 100% FY 2013-14 358,660.04 30,080.00 19,261.68 369,478.36 100% FY 2014-15 369,478.36 76,931.00 3,086.09 443,323.27 100% FY 2015-16 443,323.27 33,240.20 407,043.05 69,520.42 100% FY 2016-17 69,520.42 70,196.00 1,146.95 138,569.47 100% FY 2017-18 138,569.47 162,282.80 282,946.90 17,905.37 100% FY 2018-19 17,905.37 25,979.00 0.00 43,884.37 100%
FY 2019-20 43,884.37 191,468.00 198,247.00 37,105.37 81% FY 2020-21 37,105.37 36,899.00 0.00 74,004.37 0.0%
FY 2021-22 74,004.37 82,252.27 0.00 156,256.64 0.0%
FY 2022-23 156,256.64 32,722.54 0.00 188,979.18 0.0%
Total 1,315,987.50 1,127,008.32 188,979.18 85.6%
Revenue received from police impact fees since fiscal year 2004-05 totals $1,315,988, of which $1,127,008 has been spent. The current balance in the account is $188,979, all of which comes from fees collected within the last four fiscal years. The funds have been used to make improvements to the Police Department headquarters building and parking structure and to purchase certain vehicular equipment. The new substation has been on hold. The expectation in 2005 was that bonds would be issued by the City to build a new combination fire station and police substation, but a subsequent downturn in economic conditions dictated that those plans be delayed. Instead, the focus has been on improvements to the Police Department headquarters building and parking structure and the purchase of police vehicles to meet increased service demands. The City will continue to apply the revenues received in this account to similar purposes.

FIRE IMPACT FEES
The plan based and cost recovery methods were used to calculate Fire impact fees. The purpose of the fees was to assist with the funding of the relocation and expansion of Station 34, assist with the cost of a future new fire station and associated apparatus, and because of its citywide benefit, recover a portion of the capital costs related to Station 31. Revenue and expenditure details follow:

Development Impact Fees FY 2022-23
City of National City
6 TABLE D: NATIONAL CITY FIRE DEVELOPMENT IMPACT FEES
FIRE Beginning
Balance
Revenue Expenditures Ending
Balance
%
Spent
FY 2004-05 0.00 14,933.75 0.00 14,933.75 100%
FY 2005-06 14,933.75 13,906.50 0.00 28,840.25 100%
FY 2006-07 28,840.25 35,910.28 0.00 64,750.53 100%
FY 2007-08 64,750.53 25,663.00 0.00 90,413.53 100%
FY 2008-09 90,413.53 23,867.00 0.00 114,280.53 100%
FY 2009-10 114,280.53 71,297.00 90,000.00 95,577.53 100% FY 2010-11 95,577.53 13,464.00 0.00 109,041.53 100%
FY 2011-12 109,041.53 19,085.00 15,620.02 112,506.51 100% FY 2012-13 112,506.51 23,271.00 89,678.76 46,098.75 100% FY 2013-14 46,098.75 11,909.00 0.00 58,007.75 100%
FY 2014-15 58,007.75 30,514.00 0.00 88,521.75 100%
FY 2015-16 88,521.75 13,037.00 29,561.73 71,997.02 11.3% FY 2016-17 71,997.02 27,806.00 6,208.27 93,594.75 0.0%
FY 2017-18 93,594.75 63,724.00 0.00 157,318.75 0.0%
FY 2018-19 157,318.75 10,293.00 54,223.00 113,388.75 0.0% FY 2019-20 113,388.75 76,997.00 0.00 190,385.75 0.0%
FY 2020-21 190,385.75 14,628.00 0.00 205,013.75 0.0%
FY 2021-22 205,013.75 33,046.73 0.00 238,060.48 0.0%
FY 2022-23 238,060.48 15,516.22 0.00 253,576.70 0.0%
Total 538,868.48 285,291.78 253,576.70 52.9%
Revenue received from fire impact fees totals $538,869, of which $285,292 has been spent on items including a fire hydrant, fire apparatus, and the acquisition of a trailer that was being leased for the Station 33 Squad Program that was set up in El Toyon Park to provide faster response times in the north-eastern portion of the City. The current balance in the account is $253,265, of which $150,169 is from fees paid over the last six fiscal years and $103,095 from the two years prior. The plans for a new fire station as envisioned in 2005 have been on hold. The expectation then was that bonds would be issued by the City to build a new combination fire station and police substation, but a subsequent downturn in economic conditions dictated that those plans be put on hold. Between fiscal years 2022-23 and 2023-24, the City’s budget allocates $200,000 in Fire DIF funds towards the design of a new multi-purpose facility and fire station in El Toyon Park.

Accumulated and future revenues from Development Impact Fees will provide a small portion of the funding for this future facility.

PARKS IMPACT FEES
The incremental expansion method was used to calculate Park impact fees. The purpose of the fees was to pay for new improvements in existing parks and the expansion of existing recreation centers to provide additional capacity to accommodate new development. The funds cannot be used for replacement or maintenance of equipment or facilities. Revenue and expenditure details follow:

Development Impact Fees FY 2022-23
City of National City
7 TABLE E: NATIONAL CITY PARKS DEVELOPMENT IMPACT FEES

PARKS Beginning
Balance
Revenue Expenditures Ending
Balance
%
Spent
FY 2004-05 0.00 101,454.75 0.00 101,454.75 100%
FY 2005-06 101,454.75 87,864.00 0.00 189,318.75 100%
FY 2006-07 189,318.75 24,302.00 191,033.99 22,586.76 100% FY 2007-08 22,586.76 48,658.00 0.00 71,244.76 100%
FY 2008-09 71,244.76 45,714.00 0.00 116,958.76 100%
FY 2009-10 116,958.76 317,848.80 0.00 434,807.56 100%
FY 2010-11 434,807.56 6,363.20 0.00 441,170.76 100%
FY 2011-12 441,170.76 60,230.00 7,836.25 493,564.51 100% FY 2012-13 493,564.51 33,990.00 4,293.75 523,260.76 100% FY 2013-14 523,260.76 12,040.00 20,498.27 514,802.49 100% FY 2014-15 514,802.49 169,014.00 4,299.91 679,516.58 100% FY 2015-16 679,516.58 5,148.00 458,455.22 226,209.36 100% FY 2016-17 226,209.36 73,102.00 230,819.59 68,491.77
-

34.3%
FY 2017-18 68,491.77 166,744.00 11,342.14 223,893.63 0.0% FY 2018-19 223,893.63 40,744.00 0.00 264,637.63 0.0%
FY 2019-20 264,637.63 290,584.00 0.00 555,221.63 0.0%
FY 2020-21 555,221.63 65,822.00 0.00 621,043.63 0.0%
FY 2021-22 621,043.63 163,259.15 0.00 784,302.78 0.0%
FY 2022-23 784,302.78 83,947.84 0.00 868,250.62 0.0%
Total 1,796,829.73 928,579.12 868,250.62 51.7%
Since 2005 revenue received from park impact fees totals $1,796,830 of which $928,579 has been spent on improvements in El Toyon and Kimball parks. The current balance in the account is $868,250.62, of which $735,696 was received during the last five fiscal years and $132,555 dated from the two years prior. The fiscal year 2023-24 budget allocates a total of $776,576 to three projects: $200,000 towards the design of a multi-purpose facility/fire station at El Toyon Park, $103,230 towards construction of a dog park in Las Palmas Park, and $473,346 towards construction of a dog park and lighting improvements in Kimball Park. The remainder of the funds in this account, along with future receipts, will be used towards the construction of the multi-purpose facility and to make other improvements in the City’s parks.

LIBRARY IMPACT FEES
The plan based method was used to calculate Library impact fees. The purpose of the fees was to cover a portion of the costs of the planned construction of a replacement library that was to be twice the size of the then existing library. Outside sources paid for 65% of the construction costs, leaving the City to cover the remaining share for which the City issued general obligation bonds in the amount of $5,970,000. Revenue and expenditure details are as follows:

Development Impact Fees FY 2022-23
City of National City
8 TABLE F: NATIONAL CITY LIBRARY DEVELOPMENT IMPACT FEES LIBRARY Beginning
Balance
Revenue Expenditures Ending
Balance
%
Spent
FY 2004-05 0.00 20,359.75 0.00 20,359.75 100%
FY 2005-06 20,359.75 17,609.00 0.00 37,968.75 100%
FY 2006-07 37,968.75 39,349.00 0.00 77,317.75 100%
FY 2007-08 77,317.75 9,760.00 0.00 87,077.75 100%
FY 2008-09 87,077.75 9,163.00 0.00 96,240.75 100%
FY 2009-10 96,240.75 64,435.00 0.00 160,675.75 100%
FY 2010-11 160,675.75 14,860.00 0.00 175,535.75 100%
FY 2011-12 175,535.75 12,091.00 0.00 187,626.75 100%
FY 2012-13 187,626.75 6,823.00 0.00 194,449.75 100%
FY 2013-14 194,449.75 2,415.00 0.00 196,864.75 100%
FY 2014-15 196,864.75 33,949.00 0.00 230,813.75 38.7%
FY 2015-16 230,813.75 1,032.00 210,000.00 21,845.75 0.0% FY 2016-17 21,845.75 17,037.00 0.00 38,882.75 0.0%
FY 2017-18 38,882.75 33,492.00 0.00 72,374.75 0.0%
FY 2018-19 72,374.75 8,180.00 0.00 80,554.75 0.0%
FY 2019-20 80,554.75 58,366.00 0.00 138,920.75 0.0%
FY 2020-21 138,920.75 13,217.00 0.00 152,137.75 0.0%
FY 2021-22 152,137.75 32,856.84 0.00 184,994.59 0.0%
FY 2022-23 184,994.59 17,258.65 0.00 202,253.25 0.0%
Total 412,253.25 210,000.00 202,253.25 50.9%
Revenue received since inception from library impact fees totals $412,253 of which $210,000 has been spent on a portion of the costs to upgrade the National City Library. The upgrades included a new radio-frequency identification book delivery system, additional bookshelves and other enhancements. The current balance in the account is $202,253, of which $129,878 was received during the last five years and $72,375 over the three years prior. The City is evaluating projects that will enhance the Library’s ability to accommodate a growing number of users over the next five years, but as an alternative, will also be considering applying the revenues collected towards the annual debt service payments on the bonds. Because the bonds were issued as voter approved general obligation bonds, applying the Library DIF revenues to the debt service would reduce the amount of property tax revenues to be collected from property owners in National City.

TRANSPORTATION IMPACT FEES
The purpose of the transportation impact fee is to defray the costs of constructing planned transportation facilities to accommodate increased traffic generated by future development and on improvements that expand capacity on the Regional Arterial System (RAS) as required by the TransNet Regional Transportation Congestion Improvement Program (RTCIP). Eligible projects include such things as road widening, roadway extensions, turning lanes, traffic signal coordination, freeway to arterial interchange improvements, railroad grade separations, and expanded regional express bus and rail transit service.

TABLE G: NATIONAL CITY TRANSPORTATION DEVELOPMENT IMPACT FEES

Development Impact Fees FY 2022-23
City of National City
9 Transportation Beginning
Balance
Revenue Expenditures Ending
Balance
%
Spent
FY 2008-09 0.00 16,000.00 0.00 16,000.00 100%
FY 2009-10 16,000.00 359,560.00 0.00 375,560.00 100%
FY 2010-11 375,560.00 42,967.78 0.00 418,527.78 100%
FY 2011-12 418,527.78 155,777.41 0.00 574,305.19 100%
FY 2012-13 574,305.19 106,152.06 0.00 680,457.25 100%
FY 2013-14 680,457.25 38,766.64 0.00 719,223.89 100%
FY 2014-15 719,223.89 353,481.76 13,278.79 1,059,426.86 100% FY 2015-16 1,059,426.86 12,960.14 722,319.26 350,067.74 100% FY 2016-17 350,067.74 28,145.36 277,680.74 100,532.36 100% FY 2017-18 100,532.36 498,675.62 115,000.00 484,207.98 34% FY 2018-19 484,207.98 154,616.42 101,194.84 537,629.56 0.0% FY 2019-20 537,629.56 1,078,973.70 0.00 1,616,603.26 0.0% FY 2020-21 1,616,603.26 155,409.86 0.00 1,772,013.12 0.0% FY 2021-22 1,772,013.12 245,803.61 0.00 2,017,816.73 0.0% FY 2022-23 2,017,816.73 293,539.89 52,347.50 2,259,009.12 0.0% Total 3,540,830.25 1,281,821.13 2,259,009.12 36.2%
Revenue received since inception from transportation impact fees totals $3,540,830, of which $1,281,821 has been spent on the widening of Plaza Boulevard. The current balance in the account is $2,259,009, of which $1,928,344 was received during the last five years and $330,666 in the year prior to that. The entire TDIF balance has been appropriated for the “Mobility Enhancements” project, which includes upgrades and modifications to traffic signals and related infrastructure to address mobility efficiency along major transportation corridors on the regional arterial system.

AGENDA REPORT
Department: Engineering
Prepared by: Ricardo Rodriguez, Assistant Engineer-Civil Meeting Date: Tuesday, December 5, 2023
Approved by: Ben Martinez, Interim City Manager
SUBJECT:

Installation of two (2), 3-minute passenger loading spaces in front of Mommy’s Creative Thinkers Daycare located at 834 Delta Street, valid Monday through Friday from 7:30 a.m. to 8:30 a.m. and 3:00 p.m. to 5:00 p.m.

RECOMMENDATION:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Installation of Two (2), 3-minute passenger loading spaces in front of Mommy’s Creative Thinkers Daycare located at 834 Delta Street, valid Monday through Friday from 7:30 a.m. to 8:30 a.m. and 3:00 p.m. to 5:00 p.m.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

The Traffic Safety Committee unanimously approved the staff’s recommendation for the installation of two, 3-minute passenger loading spaces in front of Mommy’s Creative Thinkers Daycare located at 834 Delta Street, valid Monday through Friday from 7:30 a.m. to 8:30 a.m. and 3:00 p.m. to 5:00 p.m.

EXPLANATION:

Mrs. Sandra Rodriguez, owner of Mommy’s Creative Thinkers Daycare (Childcare), located at 834 Delta Street, has requested the installation of two passenger loading spaces in front of her property. Mrs. Rodriguez stated that the two unrestricted parking spaces currently located in front of her property are frequently occupied by vehicles throughout the day and parents temporarily park their vehicles in the driveway or double-park in order to drop off and pick up their children from the Daycare. Mrs. Rodriguez also stated that installing two passenger loading spaces in front of her property will allow the parents to safely drop off and pick up their children curbside. Mrs.

Rodriguez stated that the Daycare hours are Monday to Friday from 6:30 a.m. to 5:30 p.m.

Staff visited the site and confirmed that the Daycare is located in a residential area. The portion of Delta Street adjacent to the property is a 2-lane local roadway with parallel unrestricted parking on both sides of the street. It should also be noted that the centerline of Delta Street is the boundary between City of San Diego and City of National City, with the north side of Delta Street being in the City of San Diego. Staff confirmed that the Daycare has a driveway that can accommodate one vehicle. In addition, staff confirmed that there is a gate located at the driveway.

During the site visit, it was noted that most of the parallel unrestricted parking spaces in the vicinity of the property were occupied by vehicles.

This item was presented to the Traffic Safety Committee on November 8, 2023. Staff sent notices to the area residents inviting them to attend the Traffic Safety Committee Meeting and/or contact staff with any questions. Mrs. Rodriguez was in attendance to speak in support of the item.

Staff presented the results of the site evaluation to the Traffic Safety Committee and after discussion, the Traffic Safety Committee voted to approve staff’s recommendation to install two (2), 3-minute passenger loading spaces in front of Mommy’s Creative Thinkers Daycare located at 834 Delta Street, valid Monday through Friday from 7:30 a.m. to 8:30 a.m. and 3:00 p.m. to 5:00 p.m.

Per Section 11.32.180 Loading zone—Authority—Designation of the National City Municipal Code, the City Engineer is authorized to designate passenger loading zones. If requested by a business, the applicant will pay a one-time fee as determined by the City Engineer for recoverable costs related to installation and maintenance. This fee is identified in the Financial Statement below.

If approved by City Council, all work will be performed by City Public Works FINANCIAL STATEMENT:

The cost to install the 3-minute passenger loading spaces and signage is approximately $800.

Mrs. Rodriguez has agreed to pay this cost.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Public Safety
ENVIRONMENTAL REVIEW:

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

PUBLIC NOTIFICATION:

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

ORDINANCE:

Not Applicable
EXHIBITS:

Exhibit A – Location Map
Exhibit B – Staff Report to TSC
Exhibit C – Resolution

Exhibit “A” ‐ Location Map with Proposed Enhancements (TSC Item: 2023‐15) Mommy’s Creative
Thinkers Da
ycare
Proposed two (2)
limited parking space
Delta Street

NATIONAL CITY TRAFFIC SAFETY COMMITTEE
AGENDA REPORT FOR NOVEMBER 8, 2023
ITEM TITLE: REQUEST TO INSTALL TWO (2) LIMITED PARALLEL PARKING SPACES IN FRONT OF MOMMY’S CREATIVE THINKERS
DAYCARE LOCATED AT 834 DELTA STREET TO INCREASE

PARKING TURNOVER FOR CUSTOMERS
PREPARED BY: Ricardo Rodriguez, Assistant Engineer - Civil Engineering & Public Works Department
DISCUSSION:

Mrs. Sandra Rodriguez, owner of Mommy’s Creative Thinkers Daycare (Child Care), located at 834 Delta Street, has requested the installation of two limited parking spaces in front of her property. Mrs. Rodriguez stated that the two unrestricted parking spaces currently located in front of her property are frequently occupied by vehicles throughout the day and parents temporarily park their vehicles in the driveway in order to drop off or pick up their kids from the Daycare. Mrs. Rodriguez also stated that installing two limited parking spaces in front of her property will allow the parents to safely drop off and pick up their kids. Mrs. Rodriguez stated that the Daycare hours are Monday to Friday from 6:30am to 5:30pm.

Staff visited the site and confirmed that the Daycare is located in a residential area. The portion of Delta Street adjacent to the property is a 2-lane local roadway with parallel unrestricted parking on both sides of the street. It should also be noted that the centerline of Delta Street is the boundary between City of San Diego and City of National City, with the north side of Delta Street being in the City of San Diego. Staff confirmed that the Daycare has a driveway that can accommodate one vehicle. In addition, staff confirmed that there is a gate located at the driveway. During the site visit, it was noted that most of the parallel unrestricted parking spaces around the property were occupied by vehicles.

If the request receives final approval, staff requires the resident to pay for the work performed by Public Works since it will benefit the single business.

STAFF RECOMMENDATION:

Staff recommends the installation of two 3-minute limited parking spaces in front of Mrs.

Rodriguez’s property for the hours of 7:30am to 8:30am and 3:00pm to 5:00pm.

EXHIBITS:

1. Public Request

2. Public Notice

3. Location Map

4. Photos
2023-15
ITEM NO. 2023-15
1

Engineering & Public Works Department
1243 National City Boulevard, National City, CA 91950
619/336-4380 Fax 619/336-4397 www.nationalcityca.gov
November 2, 2023

RESIDENT/PROPERTY OWNER
Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2023-15 REQUEST TO INSTALL TWO (2) LIMITED PARALLEL PARKING SPACES IN FRONT OF MOMMY’S CREATIVE THINKERS DAYCARE LOCATED AT 834 DELTA STREET TO INCREASE PARKING TURNOVER FOR
CUSTOMERS.

Dear Sir/Madame:

The City of National City would like to invite you to our next public Traffic Safety Committee Meeting scheduled for Wednesday, November 8, 2023, at 1:00 P.M. in the 2nd Floor Large Conference Room of the Civic Center Building, 1243 National City Boulevard, to discuss the above-referenced item.

The City Hall is ADA compliant. Please note that there are two disabled persons parking spaces in front of City Hall on the east side of National City that provide direct access on the 2nd Floor of City Hall via a pedestrian bridge.

If you have any questions, comments, and/or concerns, please contact the Engineering Department at 619-336-4380 and reference Traffic Safety Committee Item Number 2023-

15. Sincerely,
Stephen Manganiello
Director of Public Works/City Engineer

SM:rr

Enclosure: Location Map
2023-15

Exhibit “A” ‐ Location Map with Proposed Enhancements (TSC Item: 2023‐15) Mommy’s Creative
Thinkers Da
ycare
Proposed two (2)
limited parking space
Delta Street

Site Photos 834 Delta Street
TSC 2023-15
Location of two proposed limited parking spaces with signage located at 834 Delta Street (Looking South‐East) Location of two proposed limited parking spaces with signage located at 834 Delta Street (Looking South) Mommy’s Creative
Thinkers Daycare
Proposed two (2)
limited parking space
Proposed two (2)
limited parking space
Mommy’s Creative
Thinkers Daycare

RESOLUTION NO. 2023 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE INSTALLATION OF TWO (2) 3-MINUTE PASSENGER LOADING SPACES IN FRONT OF MOMMY’S CREATIVE THINKERS DAYCARE LOCATED AT 834 DELTA STREET, VALID MONDAY THROUGH FRIDAY FROM 7:30 A.M. TO 8:30 A.M. AND 3:00 P.M. TO 5:00 P.M.

WHEREAS, Mrs. Sandra Rodriguez, owner of Mommy’s Creative Thinkers Daycare (the “Daycare”), located at 834 Delta Street, has requested the installation of two 3-minute passenger loading spaces in front of her property; and
WHEREAS, Mrs. Rodriguez stated that the two unrestricted parking spaces currently located in front of her property are frequently occupied by vehicles throughout the day and parents temporarily park their vehicles in the driveway or double-park in order to drop off and pick up their kids from the Daycare; and
WHEREAS, Mrs. Rodriguez stated that the Daycare hours are Monday to Friday from 6:30 a.m. to 5:30 p.m.; and
WHEREAS, staff visited the site and confirmed that the Daycare is located in a residential area; and
WHEREAS, the portion of Delta Street adjacent to the property is a 2-lane local roadway with parallel unrestricted parking on both sides of the street; and WHEREAS, it should also be noted that the centerline of Delta Street is the boundary between City of San Diego and City of National City, with the north side of Delta Street being in the City of San Diego; and
WHEREAS, staff confirmed that the Daycare has a driveway that can accommodate one vehicle and there is a gate located at the driveway; and WHEREAS, during the site visit, it was noted that most of the parallel unrestricted parking spaces in the vicinity of the property were occupied by vehicles; and WHEREAS, this item was presented to the Traffic Safety Committee on November 8, 2023; and
WHEREAS, staff sent notices to the area residents inviting them to attend the Traffic Safety Committee Meeting and/or contact staff with any questions; and WHEREAS, Mrs. Rodriguez was in attendance to speak in support of the item; and WHEREAS, staff presented the results of the site evaluation to the Traffic Safety Committee and after discussion, the Traffic Safety Committee voted to approve staff’s recommendation to install two 3-minute passenger loading spaces in front of Mommy’s Creative Thinkers Daycare located at 834 Delta Street, valid Monday through Friday from 7:30 a.m. to 8:30 a.m. and 3:00 p.m. to 5:00 p.m.; and

WHEREAS, National City Municipal Code section 11.32.180 authorizes the City Engineer to designate passenger loading zones and provides for the recovery of costs for corresponding installation and maintenance where requested by a business; and WHEREAS, National City Municipal Code section 11.32.140 prohibits stopping or parking at any posted location where parking is restricted or prohibited between hours designated by resolution of the City Council.

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 installation of two (2) 3-minute passenger loading spaces in front of Mommy’s Creative Thinkers Daycare located at 834 Delta Street, valid Monday through Friday from 7:30 a.m. to 8:30 a.m. and 3:00 p.m. to 5:00 p.m, with the costs for installation and signage to be paid by the requesting business.

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 5th day of December, 2023.

Ron Morrison, Mayor
ATTEST:

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

Barry J. Schultz, City Attorney

AGENDA REPORT
Department: Engineering and Public Works
Prepared by: Luca Zappiello, Associate Engineer - Civil Meeting Date: Tuesday, December 5, 2023
Approved by: Ben Martinez, Interim City Manager
SUBJECT:

Installation of “No Parking Vehicles Over 6’ High” signs to prohibit parking for oversized vehicles in front of the property at 2240 Cleveland Avenue.

RECOMMENDATION:

Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, Authorizing the Installation of “No Parking Vehicles Over 6’ High” Signs to Prohibit Parking for Oversized Vehicles on the North and South Sides of W. 23rd Street, West of Cleveland Avenue and on the West Side of Cleveland Avenue, North of E. 23rd Street, in Front of the Property at 2240 Cleveland Avenue.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

The Traffic Safety Committee unanimously approved staff’s recommendation for the installation of “No Parking Vehicles Over 6’ High” signs to prohibit parking for oversized vehicles on the north and south sides of W. 23rd Street, west of Cleveland Avenue and on the west side of Cleveland Avenue, north of E. 23rd Street, in front of the property at 2240 Cleveland Avenue.

EXPLANATION:

Mrs. Kelie Mac, Executive Assistant of "Deaf Community Services of San Diego" located at 2240 Cleveland Avenue, requested the installation of no parking signage for oversized vehicles on the north and south sides of W. 23rd Street, west of Cleveland Avenue and on the west side of Cleveland Avenue, north of 23rd Street, along the property frontage. Mrs. Mac stated that semitrucks park all day long in front of the property and use on-street parking that should be reserved for customers and employees of the businesses nearby. She also stated that their customers are mostly wheelchair users, deaf, deafblind, elderly, and others in need, and it is important to have available parking close to the building.

Staff visited the site and confirmed that all of the on-street parking around the commercial property is utilized and also verified that the commercial property has underground parking spaces. At the time of the site visit, there were two carrier trailers around the property (see attached photos).

Each carrier trailer has a length of approximately 80 feet and occupies four parking spaces that customers or employees could have used. The property is located in an industrial area near the National City Marine Terminal, where many trucks operate for picking up or delivering containers and vehicles at the terminal. Truck parking is available on Tideland Avenue a few blocks to the west.

Staff recommends the installation of "“No Parking Vehicles Over 6’ High” signs to discourage trucks from parking in proximity to the property. This enhancement would increase the available parking in the area.

This item was presented to the Traffic Safety Committee on November 8, 2023. Mrs. Monique Ball, Executive Director of the "Deaf Community Services of San Diego," and Mrs. Elaine Rosas attended and spoke to support the item.

Staff presented the results of the site evaluation to the Traffic Safety Committee and after discussion, the Traffic Safety Committee voted to approve staff’s recommendation to install “No Parking Vehicles Over 6’ High” signs to prohibit parking for oversized vehicles on the north and south sides of W. 23rd Street, west of Cleveland Avenue and on the west side of Cleveland Avenue, north of E. 23rd Street, in front of the property at 2240 Cleveland Avenue.

Section 11.32.140 Stopping or parking prohibited—Signs required of the National City Municipal Code authorizes installation of signs that prohibit any vehicle whose height with or without a load exceeds six feet, based on adoption of a resolution by the City Council.

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

FINANCIAL STATEMENT:

The cost to install the signage is approximately $500. Funding is available within the Department of Engineering and Public Works budget to provide this service.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Public Safety
ENVIRONMENTAL REVIEW:

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

PUBLIC NOTIFICATION:

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

ORDINANCE:

Not Applicable
EXHIBITS:

Exhibit A – Location Map
Exhibit B – Staff Report to the Traffic Safety Committee on November 8, 2023 (TSC No. 2023- 17)
Exhibit C – Resolution

Location Map with Proposed Enhancements (TSC Item: 2023-17) W. 23rd St.
2240 Cleveland Ave
National City Depot 122’ of proposed “No
Parking Vehicles
Over 6’ High” signs
(6 parking spaces)
77’ of proposed “No
Parking Vehicles
Over 6’ High” signs
(4 parking spaces)
40’ of proposed “No
Parking Vehicles
Over 6’ High” signs
(2 parking spaces)
Cleveland Ave
120’ of proposed “No
Parking Vehicles
Over 6’ High” signs
(6 parking spaces)
823 W. 23rd St.

Private parking lot
owned by the property
at 823 W. 23rd St.

N

NATIONAL CITY TRAFFIC SAFETY COMMITTEE
AGENDA REPORT FOR NOVEMBER 8, 2023
ITEM TITLE: REQUEST TO INSTALL “NO PARKING VEHICLES OVER 6’ HIGH”

SIGNS TO PROHIBIT PARKING FOR OVERSIZED VEHICLES ON
THE NORTH AND SOUTH SIDES OF W. 23RD STREET, WEST OF

CLEVELAND AVENUE AND ON THE WEST SIDE OF CLEVELAND
AVENUE, NORTH OF E. 23RD STREET, IN FRONT OF THE
PROPERTY AT 2240 CLEVELAND AVENUE.

PREPARED BY: Luca Zappiello, Associate Engineer - Civil Engineering & Public Works Department
DISCUSSION:

Mrs. Kelie Mac, Executive Assistant of "Deaf Community Services of San Diego" located at 2240 Cleveland Avenue, requested the installation of no parking signage for oversized vehicles on the north and south sides of W. 23rd Street, west of Cleveland Avenue and on the west side of Cleveland Avenue, north of 23rd Street, along the property frontage. Mrs.

Mac stated that semi-trucks park all day long in front of the property and use on-street parking that should be reserved for customers and employees of the businesses nearby. She also stated that their customers are mostly wheelchair users, deaf, deafblind, elderly, and others in need, and it is important to have available parking close to the building.

Staff visited the site and confirmed that all of the on-street parking around the commercial property is utilized and also verified that the commercial property has underground parking spaces. At the time of the site visit, there were two carrier trailers around the property (see attached photos). Each carrier trailer has a length of approximately 80 feet and occupies four parking spaces that customers or employees could have used. The property is located in an industrial area near the National City Marine Terminal, where many trucks operate for picking up or delivering containers and vehicles at the terminal. Truck parking is available on Tideland Avenue a few blocks to the west.

Staff recommends the installation of "“No Parking Vehicles Over 6’ High” signs to discourage trucks from parking in proximity to the property. This enhancement would increase the available parking in the area.

STAFF RECOMMENDATION:

Staff recommends the installation of “No Parking Vehicles Over 6’ high” signs to prohibit parking for oversized vehicles on the north and south sides of W. 23rd Street, west of Cleveland Avenue and on the west side of Cleveland Avenue, north of E. 23rd street, in front of the property at 2240 Cleveland Avenue.

EXHIBITS:

1. Public Request;

2. Public Notice;

3. Location Map;

4. Photos;
2023-17
ITEM NO. 2023-17
3

From: DCS Human Resources
Sent: Tuesday, May 30, 2023 12:30 AM
To: [email protected] <[email protected]> Subject: ADA Inquiry
To whom it may concern,
My name is Kelie Mac, I am Executive Assistant for Deaf Community Services of San Diego. We are a nonprofit in San Diego that services the Deaf and DeafBlind community. Throughout the month of June we are moving our headquarters from Mission Valley to National City. Our goal is to open our new National City head quarters by the first or second week of July.

There are a few requests we would like to submit to provide accommodation for our clients.

Because we have multiple requests you will see there is an additional PDF attached along with the request form.

Please let me know if there's anything further I need to do, and thank you for your time, Kelie Mac
Executive Assistant
(Pronouns: She/Her)
Email: [email protected]
VP (619) 550-3274
P (619) 800-2425
http://www.deafcommunityservices.org

November 2, 2023
Resident/Property Owner
Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2023-17 REQUEST TO INSTALL “NO PARKING VEHICLES OVER 6’ HIGH” SIGNS TO

PROHIBIT PARKING FOR OVERSIZED VEHICLES ON THE NORTH AND SOUTH SIDES OF W. 23RD STREET, WEST OF CLEVELAND AVENUE AND ON THE WEST SIDE OF CLEVELAND AVENUE, NORTH OF E. 23RD STREET, IN FRONT OF THE PROPERTY AT 2240 CLEVELAND AVENUE.

Dear Sir/Madame:

The City of National City would like to invite you to our next public Traffic Safety Committee Meeting scheduled for Wednesday, November 8, 2023, at 1:00 P.M. in the 2nd Floor Large Conference Room of the Civic Center Building, 1243 National City Boulevard, to discuss the above-referenced item.

The City Hall is ADA-compliant. Please note that there are two disabled persons parking spaces in front of City Hall on the east side of National City that provide direct access on the 2nd Floor of City Hall via a pedestrian bridge.

If you have any questions, comments, and/or concerns, please contact the Engineering Department at 619-336-4380 and reference Traffic Safety Committee Item Number 2023-17.

Sincerely,
Stephen Manganiello
City Engineer

SM:lz
Enclosure: Location Map
2023-17
1234 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 [email protected]

Location Map with Proposed Enhancements (TSC Item: 2023-17) W. 23rd St.
2240 Cleveland Ave
National City Depot 122’ of proposed “No
Parking Vehicles
Over 6’ High” signs

77’ of proposed “No
Parking Vehicles
Over 6’ High” signs

40’ of proposed “No
Parking Vehicles
Over 6’ High” signs

Cleveland Ave
120’ of proposed “No
Parking Vehicles
Over 6’ High” signs
823 W. 23rd St.

Private parking lot
owned by the property
at 823 W. 23rd St.

N

Location of proposed “No Parking Vehicles Over 6’ High” signs on the west side of Cleveland Avenue (looking west) Location of proposed “No Parking Vehicles Over 6’ High” signs on the north side of W. 23rd Street (looking northeast) Cleveland Ave
W. 23rd St.
120’ of proposed “No
Parking Vehicles Over
6’ High” signs
77’ of proposed “No
Parking Vehicles Over
6’ High” signs
122’ of proposed “No
Parking Vehicles Over
6’ High” signs

Location of proposed “No Parking Vehicles Over 6’ High” signs on the south side of W. 23rd Street (looking southwest) W. 23rd St.
122’ of proposed “No
Parking Vehicles Over
6’ High” signs
40’ of proposed “No
Parking Vehicles Over
6’ High” signs

RESOLUTION NO. 2023 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE INSTALLATION OF “NO PARKING VEHICLES OVER 6’ HIGH” SIGNS

TO PROHIBIT PARKING FOR OVERSIZED VEHICLES ON THE NORTH AND SOUTH SIDES OF W. 23RD STREET, WEST OF CLEVELAND AVENUE AND ON THE WEST SIDE OF CLEVELAND AVENUE, NORTH OF E. 23RD STREET, IN FRONT OF THE PROPERTY AT 2240 CLEVELAND AVENUE.

WHEREAS, Mrs. Kelie Mac, Executive Assistant of "Deaf Community Services of San Diego" located at 2240 Cleveland Avenue, requested the installation of no parking signage for oversized vehicles on the north and south sides of W. 23rd Street, west of Cleveland Avenue and on the west side of Cleveland Avenue, north of 23rd Street, along the property frontage; and WHEREAS, Mrs. Mac stated that semi-trucks park all day long in front of the property and use on-street parking that should be reserved for customers and employees of the businesses nearby; and
WHEREAS, she also stated that their customers are mostly wheelchair users, deaf, deafblind, elderly, and others in need, and it is important to have available parking close to the building; and
WHEREAS, staff visited the site and confirmed that all of the on-street parking around the commercial property is utilized and also verified that the commercial property has underground parking spaces; and
WHEREAS, at the time of the site visit, there were two carrier trailers around the property; and
WHEREAS, each carrier trailer has a length of approximately 80 feet and occupies four parking spaces that customers or employees could have used; and WHEREAS, the property is located in an industrial area near the National City Marine Terminal, where many trucks operate for picking up or delivering containers and vehicles at the terminal; and
WHEREAS, truck parking is available on Tideland Avenue a few blocks to the west; and WHEREAS, staff recommends the installation of "“No Parking Vehicles Over 6’ High” signs to discourage trucks from parking in proximity to the property; and WHEREAS, this item was presented to the Traffic Safety Committee on November 8, 2023; and
WHEREAS, Monique Ball, Executive Director of the "Deaf Community Services of San Diego," and Elaine Rosas attended and spoke to support the item; and WHEREAS, staff presented the results of the site evaluation to the Traffic Safety Committee and after discussion, the Traffic Safety Committee voted to approve staff’s recommendation to install “No Parking Vehicles Over 6’ High” signs to prohibit parking for

oversized vehicles on the north and south sides of W. 23rd Street, west of Cleveland Avenue and on the west side of Cleveland Avenue, north of E. 23rd Street, in front of the property at 2240 Cleveland Avenue; and
WHEREAS, National City Municipal Code section 11.32.140 prohibits stopping or parking at any posted location where parking is restricted or prohibited by resolution of the City Council, including for any vehicle whose height with or without a load exceeds six feet; and WHEREAS, if approved by City Council, all work will be performed by City Public Works.

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 installation of “No Parking Vehicles Over 6’ High” signs to prohibit parking for oversized vehicles on the north and south sides of W. 23rd Street, west of Cleveland Avenue and on the west side of Cleveland Avenue, north of E. 23rd Street, in front of the property at 2240 Cleveland Avenue.

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 5th day of December, 2023.

Ron Morrison, Mayor
ATTEST:

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

Barry J. Schultz, City Attorney

AGENDA REPORT
Department: Engineering
Prepared by: Ricardo Rodriguez, Assistant Engineer-Civil Meeting Date: Tuesday, December 5, 2023
Approved by: Ben Martinez, Interim City Manager
SUBJECT:

Installation of a Blue Curb Disabled Persons Parking Space with Signage in Front of the Residence at 318 S Kenton Avenue.

RECOMMENDATION:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Installation of a Blue Curb Disabled Persons Parking Space with Signage in Front of the Residence at 318 S Kenton Avenue.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

The Traffic Safety Committee unanimously approved staff’s recommendation for the installation of a blue curb disabled persons parking space with signage in front of the residence at 318 S Kenton Avenue.

EXPLANATION:

Mrs. Eulalia Duran, resident of 318 S Kenton Ave, has requested a blue curb disabled persons parking space in front of her residence. The resident possess a valid disabled persons placard from the California Department of Motor Vehicles. Mrs. Duran stated that since it is difficult for her to find parking in front of her residence, she has to park her vehicle elsewhere. Mrs. Duran stated that a disabled persons parking space in front of her residence would provide easier access to her house.

Staff visited the site and observed that Mrs. Duran’s residence has a garage and driveway. The garage is permanently closed and not used to park vehicles. Furthermore, the garage is smaller in size and does not provide a minimum of 3 feet of clearance around a vehicle for accessibility.

The driveway is approximately 21 feet long by 13 feet wide with a slope of 4%. The maximum slope allowed to accommodate a vehicle with a disabled driver or passenger is 2%.

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

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

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

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

This item was presented to the Traffic Safety Committee on November 8, 2023. Staff sent notices to area residents inviting them to the Traffic Safety Committee Meeting and/or contact staff with any questions. Mrs. Duran and her daughter were in attendance to speak in support of the blue curb disabled persons parking space.

Staff presented the results of the site evaluation to the Traffic Safety Committee and after discussion, the Traffic Safety Committee voted to approve staff’s recommendation to install a blue curb disabled persons parking space with signage, since all three conditions of the Special Hardship Cases section of National City Municipal Code Chapter 11.32.225, disabled persons parking zone, are met.

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

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

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

FINANCIAL STATEMENT:

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

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Public Safety
ENVIRONMENTAL REVIEW:

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

PUBLIC NOTIFICATION:

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

ORDINANCE:

Not Applicable
EXHIBITS:

Exhibit A – Location Map
Exhibit B – Location Map of existing blue curbs in the area Exhibit C – Staff Report to TSC
Exhibit D – Resolution

Exhibit A: Location Map with Possible Enhancements (TSC Item: 2023‐16) Proposed blue curb
disabled persons
parking space

Exhibit B: Location Map Showing Existing Blue Curb Parking Space (TSC Item: 2023‐16) LEGEND
Proposed location
of blue curb parking space
129 S. Kenton Avenue

NATIONAL CITY TRAFFIC SAFETY COMMITTEE
AGENDA REPORT FOR NOVEMBER 8, 2023
ITEM TITLE: REQUEST FOR INSTALLATION OF A BLUE CURB DISABLED

PERSONS PARKING SPACE WITH SIGNAGE IN FRONT OF THE
RESIDENCE AT 318 S KENTON AVE
PREPARED BY: Ricardo Rodriguez, Assistant Engineer – Civil Engineering & Public Works Department
DISCUSSION:

Mrs. Eulalia Duran, resident of 318 S Kenton Ave, has requested a blue curb disabled persons parking space in front of her residence. The resident possess a valid disabled persons placard from the California Department of Motor Vehicles. Mrs. Duran stated that since it is difficult for her to find parking in front of her residence she has to park her vehicle elsewhere. Mrs. Duran stated that a disabled persons parking space in front of her residence would provide easier access to her house.

Staff visited the site and observed that Mrs. Duran’s residence has a garage and driveway. The garage is 12 feet wide but is permanently closed and therefore not used for car parking. The driveway is approximately 21 feet long by 13 feet wide with a slope of 4%. The minimum slope for a driveway to accommodate a vehicle with a disabled driver or passenger is 2%.

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

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

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

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

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

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

ITEM NO. 2023-16
2

STAFF RECOMMENDATION:

Since all three conditions of the City’s Disabled persons parking zone requirements for Special Hardship Cases is met, staff recommends the installation of a blue curb disabled persons parking space with signage.

EXHIBITS:

1. Public Request Form

2. Location Map

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

4. Photos

5. City Council Disabled Persons Parking Policy
2023-16

Exhibit A: Location Map with Possible Enhancements (TSC Item: 2023‐16) Proposed blue curb
disabled persons
parking space

Exhibit B: Location Map Showing Existing Blue Curb Parking Space (TSC Item: 2023‐16) LEGEND
Proposed location
of blue curb parking space
129 S. Kenton Avenue

Site Photos 318 S. Kenton Avenue
TSC 2023-16
Photo of the driveway and garage at 318 S. Kenton Avenue (Looking South‐West) Location of proposed blue curb disabled persons parking space in front of 318 S. Kenton Ave (Looking West) 318 S. Kenton Ave.
318 S. Kenton Ave.

Proposed blue curb
parking space

4. Green means no stopping, standing or parking for longer than fifteen or thirty minutes, as marked or signed, at any time between seven a.m. and six p.m. of any day except Sundays and holidays, unless otherwise indicated on postage signage.

5. Blue means parking reserved exclusively for disabled persons. Vehicles must display either a distinguishing license plate or placard issued pursuant to CVC Section 22511.5.B. When the Director of Public Works, as authorized under this title, has caused curb markings to be placed, no person shall stop, stand or park a vehicle adjacent to any such legible curb marking in violation of any of the provisions of this section, and it is unlawful for any person not duly authorized, to paint or cause said curbs to be painted. (Ord. 827 § 71, 1951)

11.32.200 Loading permitted—Effect.

A. Permission herein granted to stop or stand a vehicle for purposes of loading or unloading of materials applies only to commercial vehicles and shall not extend beyond the time necessary therefor, and in no event for more than twenty minutes.

B. The loading or unloading of materials applies only to commercial deliveries, and the delivery or pickup of express and parcel post packages and United States mail.

C. Permission herein granted to stop or park for purposes of loading or unloading passengers includes the loading or unloading of personal baggage but shall not extend beyond the time necessary therefor, and in no event for more than three minutes.

D. Within the total time limits above specified the provisions of this section shall be enforced so as to accommodate necessary and reasonable loading or unloading but without permitting abuse of the privileges hereby granted.
(Ord. 827 § 72, 1951)

11.32.210 Loading zone—Restrictions.

No person shall stop, stand or park a vehicle in any yellow loading zone for any purpose other than loading or unloading passengers or material for such time as is permitted in Section 11.32.200. (Ord. 827 § 73, 1951)

11.32.220 Passenger loading zone—Restrictions.

No person shall stop, stand or park a vehicle in any passenger loading zone for any purpose other than the loading or unloading of passengers for such time as is specified in Section 11.32.200. (Ord. 827 § 74, 1951)

11.32.225 Disabled persons parking zone—Authority—Designation.

A. The City Engineer is authorized to designate specially marked and posted on-street parking spaces for disabled persons pursuant to CVC 21101, et seq. at the following facilities:

1. Government Buildings serving the public such as administration buildings, public employment offices, public libraries, police stations, etc.

2. Hospitals and convalescent homes with more than 75-bed capacity.

3. Medical facilities and doctors’ offices staffed by a maximum of five practitioners. Zones shall be located to serve a maximum number of facilities on one block.

4. Community service facilities such as senior citizens service centers, etc.

5. Accredited vocational training and educational facilities where no off- street parking is provided for disabled persons.

6. Employment offices for major enterprises employing more than 200 persons.

7. Public recreational facilities including municipal swimming pools, recreation halls, museums, etc.

8. Public theaters, auditoriums, meeting halls, arenas, stadiums with more than 300 seating capacity.

9. Other places of assembly such as schools and churches.

10. Commercial and/or office building(s) with an aggregate of more than 50,000 square feet of usable floor space. Zone shall be located to serve a maximum number of facilities on one block.

11. Hotels catering to daily guests, maintaining a ground floor lobby and a switchboard that is operated 24 hours per day.

12. A hotel or apartment house catering to weekly or monthly guests and containing more than 30 separate living units.

B. General requirements.

1. Each disabled persons parking space shall be indicated by blue paint and a sign (white on blue) showing the international symbol of accessibility (a profile view of a wheelchair with occupant).

2. Where installed under the above criteria the total number of disabled persons curb parking spaces will be limited to 4% of the total number of on-street parking spaces available in the area and shall be distributed uniformly within the area.

3. Disabled persons parking will not be installed at locations with a full-time parking prohibition. When a disabled persons parking zone is installed where a part-time parking prohibition is in effect, the disabled persons parking zone will have the same time restrictions as the part-time parking prohibition.

4. The cost of installing disabled persons parking, not initiated by public request, will be assumed by the City on public streets and public off-street parking facilities.

5. In establishing on-street parking facilities for the disabled there shall be a reasonable determination made that the need is of an on-going nature. The intent is to prevent the proliferation of special parking stalls that may be installed for a short-term purpose but later are seldom used. Unjustified installation of such parking stalls unnecessarily increases the City's maintenance and operations costs, reduce available on- street parking for the general public, and detract from the overall effectiveness of the disabled persons parking program.

6. Applicant pays a one-time fee as determined by the City Engineer for recoverable costs related to installation and maintenance.

C. Special Hardship Cases.

1. It is not the intention of the City to provide personal reserved parking on the public right-of-way, especially in residential areas. However, exceptions may be made, in special hardship cases, provided all of the following conditions exists:
a. Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans."
b. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence.
c. Subject residence must not have useable off-street parking available or off-street space available that may be converted into disabled parking.

RESOLUTION NO. 2023 -

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

AUTHORIZING THE INSTALLATION OF A BLUE CURB DISABLED PERSONS PARKING SPACE WITH SIGNAGE IN FRONT OF THE RESIDENCE AT 318 S KENTON AVENUE.

WHEREAS, Mrs. Eulalia Duran, resident of 318 S Kenton Avenue, has requested a blue curb disabled persons parking space in front of her residence; and WHEREAS, the resident possesses a valid disabled persons placard from the California Department of Motor Vehicles; and
WHEREAS, the resident stated that she is requesting the accommodation since it is difficult for her to find parking nearby her residence; and WHEREAS, staff visited the site and observed that Mrs. Duran’s residence has a garage and driveway; and
WHEREAS, staff took measurements and confirmed the garage and driveway do not meet accessibility standards for disabled persons parking; and WHEREAS, this item was presented to the Traffic Safety Committee on November 8, 2023; and
WHEREAS, staff sent notices to area residents inviting them to the Traffic Safety Committee Meeting and/or contact staff with any questions; and WHEREAS, Mrs. Duran and her daughter were in attendance to speak in support of the blue curb disabled persons parking space; and
WHEREAS, staff presented the results of the site evaluation to the Traffic Safety Committee and, after discussion, the Traffic Safety Committee voted to approve staff’s recommendation to install a blue curb disabled persons parking space with signage in front of the residence at 318 S Kenton Avenue, since all three conditions of the Special Hardship Cases section of National City Municipal Code section 11.32.225(C), Disabled persons parking zone, are met.

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 installation of a blue curb disabled persons parking space with signage in front of the residence at 318 S Kenton Avenue.

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 5th day of December, 2023.

Ron Morrison, Mayor
ATTEST:

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

Barry J. Schultz, City Attorney

AGENDA REPORT
Department: Planning
Prepared by: David Welch – Associate Planner
Meeting Date: Tuesday, December 5, 2023
Approved by: Ben Martinez, Interim City Manager
SUBJECT:

Notice of Decision - Conditional Use Permit for a Drive-Through Coffee Shop (Dutch Bros Coffee) to be Located at 1638 East Plaza Boulevard.

RECOMMENDATION:

Staff Recommends Approval of the Operation of a Drive-Through Coffee Shop, Subject to the Recommended Conditions in the Attached Resolution and a Determination that the Project is Exempt from CEQA. The Operation of a Drive-Through Coffee Shop is a Conditionally Allowed Use in the Major Mixed-Use District (MXD-2) Zone.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Monday, November 20, 2023, The Planning Commission recommended approval of the Conditional Use Permit by a 6-1 vote.

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

The applicant proposes to construct a 950-square-foot coffee shop (Dutch Bros Coffee) with two drive-through lanes. In addition to the drive-through, the approximately 0.6-acre property would have a total of nine (9) parking spaces. A CUP is required for a drive-through business.

The Planning Commission conducted a Public Hearing on November 20, 2023, and voted to recommend approval of the request based on the attached findings and recommended Conditions of Approval. The attached Planning Commission staff report describes the proposal in detail.

FINANCIAL STATEMENT:

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

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Balanced Budget and Economic Development
ENVIRONMENTAL REVIEW:

This is a project under CEQA subject to a Categorical Exemption. Existing Facilities. CCR 15332(c).

PUBLIC NOTIFICATION:

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

ORDINANCE:

Not Applicable
EXHIBITS:

Exhibit A – Planning Commission Staff Report with attachments Exhibit B – 11/20/23 Planning Commission PowerPoint slides

Item no. 3
November 20, 2023

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

PLANNING COMMISSION STAFF REPORT
Title: PUBLIC HEARING – DETERMINATION THAT THE

PROJECT IS CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
UNDER CLASS 32 OF THE CEQA GUIDELINES SECTION
15332 (IN-FILL DEVELOPMENT PROJECTS) AND

CONDITIONAL USE PERMIT FOR A DRIVE-THROUGH

COFFEE SHOP (DUTCH BROS COFFEE) TO BE
LOCATED AT 1638 EAST PLAZA BOULEVARD.

Case File No.: 2023-12 CUP
Location: 1638 East Plaza Boulevard
Assessor’s Parcel Nos.: 557-410-27
Staff report by: David Welch, Associate Planner
Approved by: Brian Hadley, Acting Community Development Director Applicant: Russ Orsi
Zoning designation: Major Mixed-Use District (MXD-2)
Adjacent use and zoning:

North: Holiday Inn Express and various commercial across E. Plaza Blvd. / MXD-2
East: Multi-family residential and Stardust Inn / MXD-2 South: Multi-family residential / MXD-2
West: Shell gasoline station and single-family residential across Palm Ave. / MXD-2 and Small Lot Residential (RS-2)

Environmental review: The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and staff is recommending that the project be determined categorically exempt from environmental review pursuant to Class 32,
Section 15332 (In-fill Development Projects) for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit
Staff recommendation: Approve

Planning Commission
Meeting of November 20, 2023

Staff Recommendation
Staff is recommending approval of the Conditional Use Permit (CUP) request for a drive-through coffee shop, subject to the recommended conditions in the attached resolution and a determination that the project is exempt from CEQA.

Executive Summary
The applicant proposes to construct a 950 square-foot coffee shop (Dutch Bros Coffee) with two drive-through lanes. In addition to the drive-through, the approximately 0.6-acre property would have a total of nine parking spaces. A CUP is required for a drive-through business.

Site Characteristics
The project site is comprised of a 0.6-acre vacant parcel located at 1638 East Plaza Boulevard. A lot line adjustment is currently being processed to add approximately 1,155 square feet to the site from the adjacent property occupied by a gasoline service station. The new parcel boundary will completely contain the existing driveway access to the site from Palm Avenue. The parcel has an irregular shape with approximately 194 feet of frontage along East Plaza Boulevard and 35 feet of frontage along Palm Avenue. The buildable area is moderately constrained by a 20-foot drainage easement on the property along the East Plaza Boulevard frontage, a 10-foot sewer easement bisecting the property, and the access driveway to Palm Avenue. The property is zoned Major Mixed-Use District (MXD-2) and has a Major Mixed Use General Plan designation.

Proposed Use
The applicant is proposing to construct a 950 square-foot drive-through Dutch Bros Coffee on a vacant parcel. A double lane drive-through aisle is proposed, which would accommodate queuing for approximately 15 vehicles. Vehicles would enter the site from either East Plaza Boulevard or Palm Avenue and enter the drive-through lanes that loop around the building in a counter-clockwise direction. All customer transactions are proposed to be conducted person to person with no electronic speaker system. The proposed building would also have a window for walk-up customers. However, no indoor or outdoor seating is proposed. Nine parking spaces are provided on site, which could alleviate some demand from the drive-through lanes during peak times. Per state law, minimum parking requirements may not be enforced by a local agency at this location due to proximity to a major transit stop. The applicant intends to operate 24 hours a day, if permitted. The new business would employee between 28 and 34 people

Planning Commission
Meeting of November 20, 2023

with the majority working on a part-time basis. During operations, four to twelve staff members would be present per shift.

Analysis
General Plan
A coffee shop is a commercial use, which is consistent with the mixed-use land use designation established for this area of the City and is permitted by right.

However, some drive-through restaurants may be considered a “fast food” restaurant. A fast food eating place is defined as follows:
"Fast food eating place" means any retail food establishment that primarily provides short order food services for on-site dining or take-out service, where such food and beverage is served on paper, plastic, or other disposable containers, and including drive in and drive-through restaurants where ready-to-eat foods are served primarily to be consumed off the premises. This definition includes all self-service restaurants, except cafeterias, sit-down pizza parlors, and donut shops.

There are two General Plan policies that reference fast food restaurants:

Policy HEJ-4.2: Encourage the development of healthy food establishments in areas with a high concentration of fast food establishments, convenience stores, and liquor stores.

Policy HEJ-5.4: Discourage unhealthy fast food outlets from locating near schools.

This segment of East Plaza Boulevard (between Palm Avenue and I-805) has an approved In-N-Out drive-through. To the west of Palm Avenue, along East Plaza Boulevard, additional eating establishments exist that can be considered fast food. Despite this fact, California Produce is a pre-existing healthy food option in close proximity to Dutch Bros Coffee that is consistent with HEJ-4.2.

With regard to HEJ-5.4, the nearest school is Las Palmas Elementary, which is more than a half-mile away in walking distance. Therefore, the coffee shop is not near a school.

Planning Commission
Meeting of November 20, 2023

Land Use Code
A coffee shop is a permitted use within the MXD-2 zone. However, businesses with a drive-through require the issuance of a CUP. In addition, Chapter 18.41 – Site Planning Standards – has specific design requirements for drive-through businesses, including:
• Minimum queuing distances (established by CUP).
• Minimum 25-foot interior turning radius for drive-through aisles. • Location of drive-through window and landscaping requirements.

As part of traffic analysis conducted by the applicant team, a queuing study was performed based on the number of vehicles served at similar Dutch Bros Coffee locations, which was 58 to 80 vehicles per hour. The study found that the queuing would not exceed eight vehicles 95 percent of the time. The dual-lane drive-through, as proposed, can accommodate approximately 13 vehicles. It is anticipated that the queue would largely stay within the drive through lanes. An additional five cars could also be accommodated within the site’s driveways.

There are also nine proposed parking spaces that could handle additional waiting customers. The applicant utilizes person-to-person ordering, which reduces time spent in the drive-through, and an exit lane for customers receiving their orders earlier or large orders to wait further reducing queuing demand on site.

The Land Use Code (LUC) states that a drive-through window may not be located between the right-of-way and the building without a minimum 10-footwide landscape buffer. The buffer shall have a minimum three-foot high hedge with trees spaced at least every 20 feet. The site plan for the project is consistent with these requirements and is conditioned to be included with plans submitted for construction. The interior turning radii are less than the 25-foot minimum for drive-through aisles. However, the City Engineer may approve a lesser radius and the lanes have additional room for vehicles to maneuver beyond the standard 12-foot one-way drive aisle required by the LUC.

Design requirements for projects of this type in the MXD-2 zone are limited, with emphasis placed on architectural variation (avoiding long blank walls and providing fenestration). All setbacks are met, and the height of the development is well under the maximum allowed in the MXD-2 zone (65 feet). The proposed design of the 950 square-foot building includes both wall plane variation and attached awnings and canopies. The coffee shop, without a drive-through aisle, would be allowed by right.