National City City Council
March 5, 2024

AGENDA
Consolidated Regular Meeting
City Council Chamber - 1243 National City
Boulevard, National City, CA
Ron Morrison, Mayor
Ditas Yamane, Vice-Mayor – District 3 Benjamin A. Martinez, City Manager Marcus Bush, Councilmember Barry J. Schultz, City Attorney Luz Molina, Councilmember- District 1 Shelley Chapel, MMC, City Clerk Jose Rodriguez, 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 C ouncilmember 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 4 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
Ditas Yamane, Vice-Mayor – District 3 Benjamin A. Martinez, City Manager Marcus Bush, Councilmember Barry J. Schultz, City Attorney Luz Molina, Councilmember – District 1 Shelley Chapel, MMC, City Clerk Jose Rodriguez, 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 de l 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 notificacio nes 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 Municip al 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 dirigi rse 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 4 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 pue den 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, March 5, 2024, 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 4

6.2 Women's History Month 5

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

7.1 Small Business Administration (SBA) Disaster Center

7.2 Annual Report - CPRC

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 of City Council Meeting Minutes. 6
Recommendation:

Approve and file.

9.3 California State Library Lunch at the Library Grant Funds Acceptance 20 Recommendation:

Adopt the Resolution Entitled “Resolution of the City Council of the City of National City, California, Authorizing the City Manager or his Designee to Accept the California State Library Grant in the Amount of $25,000 to Fund the National City Public Library’s Lunch at the Library Program for FY 2024 and Authorizing the Establishment of a Library Grants Fund Appropriation of $25,000 and Corresponding Revenue Budget.”

9.4 Partial Termination of a Notice of Restriction Related to Union Tower for a Conditional Use Permit (CUP) Approved in 2011.
27 Recommendation:

Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Partial Termination of a Recorded Notice of Restriction for Conditional Use Permit 2011-27 Cup for Public Assembly at 541 East 24th Street in Association with the Union Tower Project”

9.5 Warrant Register #28 for the period of 1/5/24 through 1/11/24 in the amount of $3,063,912.04.
56 Recommendation:

Ratify Warrants Totaling $3,063,912.04

9.6 Warrant Register #29 for the period of 1/12/24 through 1/18/24 in the amount of $440,639.82.
61 Recommendation:

Ratify Warrants Totaling $440,639.82

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

10.1 Ordinance for Introduction – Prevailing Wage Requirement for Traffic Control Workers
65 Recommendation:

Introduce Ordinance by First Reading, entitled, “Ordinance of the City Council of the City of National City, California, Adding Chapter 2.78 – Traffic Control Worker Prevailing Wage to Title 2 of the National City Municipal Code to Establish a Traffic Control Worker Prevailing Wage.”

11. STAFF REPORTS

11.1 Discussion and Direction Regarding a Temporary Local Emergency Ordinance Prohibiting Evictions and Rental Increases, Providing Relocation Assistance, and a Right to Return During the Local Emergency Related to the Recent Floods.
71 Recommendation:

Direct City staff to prepare a Local Emergency Ordinance with specific provisions as outlined in the Agenda Report.

1. Take no action and rely on existing San Diego County Ordinance.2.

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, March 19, 2024 - 6:00 p.m. - Council Chambers - National City, California.

AGENDA REPORT

Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC, City Clerk
Meeting Date: Tuesday, March 5, 2024
Approved by: Benjamin A. Martinez, City Manager

SUBJECT:

Approval of City Council Meeting Minutes.

RECOMMENDATION:

Approve and file.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

Meeting Minutes:

Special City Council Meeting Minutes of January 29, 2024 – Local Emergency Special City Council Meeting Minutes of February 5, 2024 – Study Session Regular City Council Meeting Minutes of February 6, 2024

FINANCIAL STATEMENT:

Not applicable.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Not Applicable

ENVIRONMENTAL REVIEW:

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

PUBLIC NOTIFICATION:

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 – Special City Council Meeting Minutes of January 29, 2024 – Local Emergency Exhibit B – Special City Council Meeting Minutes of February 5, 2024 – Study Session Exhibit C – Regular City Council Meeting Minutes of February 6, 2024

SPECIAL MEETING MINUTES OF THE CITY COUNCIL

January 29, 2024, 4:30 p.m.

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

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

Others Present: Benjamin A. Martinez, City Manager
Barry J. Schultz, City Attorney
Shelley Chapel, City Clerk (via Zoom)
_____________________________________________________________________

1. CALL TO ORDER
A Special Meeting of the City Council of the City of National City was called to order at 4:33 p.m. via teleconference and in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

2. ROLL CALL
Councilmembers present: Bush, Molina, Rodriguez, Yamane, Morrison Interpretation in Spanish provided by Carlos Diaz and Luisa Diaz de Leon.

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

4. PUBLIC COMMENT (Public Comment will be restricted to Agenda Item Only) Mayor Morrison summarized the process for acceptance of live public comment allowing three (3) minutes per comment and introduced City Clerk Chapel.

5. STAFF REPORTS

5.1 Proclamation of Local Emergency (by Emergency Services Director) One (1) in-person comment was received from Ted Godshalk. One (1) written comment was received from Paul Sande.

Recommendation: Adopt a Resolution of the City of National City, California, Ratifying the Proclamation of the Existence of a Local Emergency by the Emergency Services Director, and Provide Direction to Staff Regarding Future Actions to Address the Emergency.

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

Motion carried by unanimous vote.

6. ADJOURNMENT
Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, Tuesday, February 6, 2024, 6:00 in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

The meeting adjourned at 4:57 p.m.
__________________________________
Shelley Chapel, MMC, City Clerk

The foregoing minutes were approved at the Regular Meeting of March 5, 2024.

__________________________________
Ron Morrison, Mayor

MINUTES OF A SPECIAL MEETING

NATIONAL CITY COUNCIL

STUDY SESSION

February 5, 2024

OPEN SESSION

CALL TO ORDER
The meeting was called to order at 4:06 p.m. by Mayor Morrison.

ROLL CALL
City Councilmembers Present: Bush (arrived at 4:30 p.m.), Rodriguez, Yamane (arrived at 4:40 p.m.), Molina, Morrison

Administrative Officials present:

Benjamin A. Martinez, City Manager
Barry Schultz, City Attorney
Shelley Chapel, City Clerk (via Zoom)
Steve Manganiello, Director of Public Works/ City Engineer Brian Hadley, Acting Community Development Director
Tonya Hussain, Executive Secretary

Guests: Sandy Naranjo, Port Commissioner
Carly Filler, Chief Commercial Officer. Gage Zero
Sam Arons, Vice-President, Business Operations & Strategies – Gage Zero (via Zoom) Brandon Rapp, Strategic Advisor – Gage Zero
Andrew Karetsky, President of Skyview Ventures and Acting CEO of SkyCharger (via Zoom) Graham Richartz, Project Manager - SkyCharger

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

PLEDGE OF ALLEGIANCE TO THE FLAG led by Councilmember Rodriguez.

PRESENTATION

City Manager Martinez introduced the item.

4.1 Proposed Truck Charging Infrastructure Project
a. Presentation by Gage Zero Teams

Consultants provided PowerPoint Presentation.

Councilmembers provided feedback.

Councilmember Bush arrived at the meeting at 4:30 p.m.

Vice-Mayor Yamane arrived at the meeting at 4:40 p.m.

b. Presentation by SkyCharger

Consultants provided PowerPoint Presentation.

Councilmembers provided feedback.

Councilmember Rodriguez left the dais at 5:49 p.m.

Motion by Councilmember Bush, seconded by Councilmember Yamane to direct the City Manager to request the Port to include the City Manager or their designee be a part of the selection process moving forward and request Port staff consider issues including but not limited to Traffic Analysis and impacts, Fire Department impacts, grid impacts, lease period of 20 to 30 years, opportunities for City Fleet to have access to these charging stations, and community benefits, and economic contributions to the City including the local hire or Job program. Second part of the motion, direct the City Attorney to work with the Port General Counsel on legal analysis on how investments can be made to offset the expenses that National City will incur as a result of the electric truck transition, look at creating an impact fund and ensuring that none of the actions are a gift of public funds or any potential conflicts of interest in the process.

Motion approved by those present.

PUBLIC COMMENT
No public comment was received.

ADJOURNMENT
The meeting adjourned at 6:25 p.m.
__________________________
Shelley Chapel, MMC, City Clerk

The foregoing minutes were approved at the Regular Meeting of February 6, 2024.

__________________________
Ron Morrison, Mayor

REGULAR MEETING MINUTES OF THE CITY COUNCIL
February 6, 2024, 6:00 p.m.

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

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

Others Present: Benjamin A. Martinez, City Manager
Barry J. Schultz, City Attorney
Shelley Chapel, City Clerk (via Zoom)
Carlos Aguirre, Acting Deputy City Manager/Housing Authority Director
Walter Amedee, Management Analyst III
Molly Brennan, Administrative Services Director
Chris Garcia, Facilities Maintenance Supervisor
Danielle Ghio, Acting City Librarian
Brian Hadley, Building Official/Acting Director of Community Development
Alex Hernandez, Chief of Police
Robert Hernandez, Battalion Chief
Tonya Hussain, Executive Secretary
Martha Juarez, Asst. Director of Engineering/Public Works Stephen Manganiello, Director of Engineering/Public Works, City Engineer
Sergio Mora, Fire Chief
Martin Reeder, Planning Manager
Richard Romero, Assistant City Attorney

1. CALL TO ORDER
A Regular Meeting of the City Council of the City of National City was called to order at 6:05 p.m. via teleconference and in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

2. ROLL CALL
Councilmembers present: Bush, Molina, Rodriguez, Yamane, Morrison Interpretation in Spanish provided by Carlos Diaz and Luisa Diaz de Leon.

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

4. INVOCATION
Delivered by Joe Mendoza.

ITEM TAKEN OUT OF ORDER

7. PROCLAMATIONS AND RECOGNITION

7.1 Introduction of New City Employees
Police Chief Hernandez intr oduced Police Dispatcher Reona Bowles and Police Officer Christina Soto. Equipment Maintenance Supervisor Ruben Huerta recognized Equipment Mechanic II Marcos Pesqueira who was not able to attend.

Administrative Services Director Brennan stated that new Accounting Assistant Adriana C. Barajas would be introduced at the March Council meeting. Facilities Maintenance Supervisor Chris Garcia introduced Custodian Jessica Gomez.

ITEM TAKEN OUT OF ORDER

5. PRESENTATION - STAFF REPORT

5.1 Presentation - Update on Local Emergency Caused by Severe Rainstorm and Flooding
City Manager Ben Martinez introduced t he item and recognized youth Roberto Sotello and the Sotello family. A PowerPoint Presentation was provided by Assistant Director of Engineering/Public Works Martha Juarez, Fire Chief Sergio Mora, Director of Engineering/Public Works City Engineer Stephen Manganiello, Battalion Chief Robert Hernandez, Acting Deputy City Manager/Housing Authority Director Carlos Aguirre, Management Analyst III Walter Amedee, and Management Analyst II Myra Pina.

Ten (10) in-person public comments were received from Juan Antonio Vasquez, Hal Malinski, Cynthia Fuller Quinonez, Sherry Gogue, Maria Aleman, Eriq Vargas, Jocelyn Lopez, Janice Reynoso, Anthony Avalos, and Luis Vasquez Gama.

Councilmember Bush left the dais at 7:20 p.m. and returned at 7:22 p.m.

One (1) virtual comment was received from Gemma Cabato Padrigan.

One (1) written comment was received from Ted Godshalk.

Recommendation: Receive Report and Presentation. Provide Direction to Staff through the City Manager.

ITEM TAKEN OUT OF ORDER

13.1 POLICY 105 REQUEST - Consideration of Ordinance Exercising Police Power - Evictions Requested by Councilmember Rodriguez
One (1) in-person comment received from George Ching. One (1) virtual comment received from Jennifer Monterroso.

ACTION: Motion by Councilmember Rodriguez, seconded by Councilmember Bush to add the item to the February 20, 2024 City Council meeting agenda.

Motion carried by unanimous vote.

Mayor Morrison excused the interpreters at 8:13 p.m.

Mayor Morrison called for a recess at 8:13 p.m. and all returned at 8:27 p.m.

6. PUBLIC COMMENT
Three (3) speakers provided in -person comments and two (2) people provided virtual comment. There was one (1) written comment.

In-Person Comment: Virtual Comment:

Geoffrey Schrock Becky Rapp
Rob Umana Barbara Gordon
Randi Castle

Written Comment:

Ted Godshalk

8. REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes each)
Councilmember Rodriguez reported on the business of the SANDAG Public Safety Committee.

Councilmember Bush announced that MTS would provide free transit passes for those impacted by the recent flood.

Councilmember Molina provided an update on the recent SANDAG Board meeting.

Vice-Mayor Yamane provided an update on San Diego Community Power and Sweetwater Authority Finance & Administration Committee.

Mayor Morrison provided information on the Sweetwater Authority.

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

9. CONSENT CALENDAR
ACTION: Motion by Councilmember Bush, seconded by Vice-Mayor Yamane to approve Consent Calendar Items 9.1, 9.2, and 9.4 through 9.9 with Item 9.3 pulled from the agenda by staff.

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

9.2 Approval of City Council Meeting Minutes.

Approve and file.

Motion carried by unanimous vote.

Item pulled from the agenda by staff.

9.3 Acceptance of State Active Transportation Grant Funds for the Construction Phase of the Central Community Mobility Enhancements Project, CIP No. 19-23.

Adopt a Resolution Entitled, “Resolution of the City of National City, California, 1) Authorizing the Establishment of an Appropriation of $1,095,000 and a Corresponding Revenue Budget for the Construction Phase of the Central Community Mobility Enhancements Project, CIP 19-23, Reimbursable through the State Active Transportation Program Approved by Caltrans; and 2) Committing to Providing a Local Match in the Amount of $442,000.”

9.4 Project Close -Out and Notice of Completion for the National City Street Resurfacing Project FY 21/22, CIP No. 22-19.

Adopted Resolution No. 2024-08.

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Accepting the Work Performed by Eagle Paving Company, Inc. for the National City Street Resur facing Project FY 21/22, CIP No. 22 -19; 2) Ratifying Change Order Work in the Amount of $15,166.39 and Approving the Final Contract Amount of $2,398,563.39; 3) Ratifying the Release of Retention in the Amount of $119,928.17; and 4) Authorizing the Mayor to Sign the Notice of Completion.”
Motion carried by unanimous vote.

9.5 Semi-Annual Report – Boards, Commissions, and Committee Attendance Report – Includes Third and Fourth Quarter of 2023.

Receive and file.

Motion carried by unanimous vote.

9.6 Warrant Register #21 for the period of 11/17/23 through 11/23/23 in the amount of $335,847.62.

Ratify Warrants Totaling $335,847.62
Motion carried by unanimous vote.

9.7 Warrant Register #22 for the period of 11/24/23 through 11/30/23 in the amount of $5,071,548.14.

Ratify Warrants Totaling $5,071,548.14
Motion carried by unanimous vote.

9.8 Warrant Register #23 for the period of 12/01/23 through 12/07/23 in the amount of $3,085,699.94.

Ratify Warrants Totaling $3,085,699.94
Motion carried by unanimous vote.

9.9 Warrant Register #24 for the period of 12/08/23 through 12/14/23 in the amount of $2,634,970.15
Ratify Warrants Totaling $2,634,970.15
Motion carried by unanimous vote.

10. PUBLIC HEARING

10.1 Introduction and First Reading of an Ordinance Amending Section 18.060.10 of Title 18 (Zoning) of the National City Municipal Code Related to the Measurement of Height for New Structures.

Planning Manager Martin Reeder presented the item utilizing a PowerPoint Presentation.

Mayor Morrison declared the Public Hearing open at 9:01 p.m.

There was no public comment.

ACTION: Motion by Councilmember Bush, seconded by Councilmember Molina to close the public hearing.

Public Hearing closed at 9:01 p.m.

Recommendation: Introduce the Ordinance by First Reading, entitled, “Ordinance of the City Council of the City of National City, California, Amending Section

18.10.060 of Title 18 (Zoning) of the National City Municipal Code Related to the Measurement of Height for New Structures.”
ACTION: Motion by Councilmember Bush, seconded by Councilmember Molina to introduce the Ordinance.

Motion carried by unanimous vote.

City Attorney Barry Schultz recused himself on Items 10.2 and 11.1 due to his former position as a Boardmember for Wakeland Housing and Development Corporation and left the dais.

Assistant City Attorney Richard Romero approached the dais, and assumed the position in his absence.

10.2 $1.5 Million HOME, HOME -ARP Loan to Union Tower Project and HUD Substantial Amendment to FY23-24 AAP
Adopted Resolution No. 2024-09.

Acting Deputy City Manager/Housing Authority Director Carlos Aguirre introduced the item.

Mayor Morrison declared the Public Hearing open at 9:04 p.m.

One in-person comment was received from Rebecca Louie. Three (3) virtual public comments were received from Carol Kim, Ansermio Estrada, and Jodie Barthold.

ACTION: Motion by Councilmember Rodriguez, seconded by Councilmember Molina to close the public hearing.

Motion carried by unanimous vote.

Public Hearing closed at 9:07 p.m.

Recommendation: Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California Adopting the U.S Department of Housing and Urban Development (HUD) Substantial Amendment to the 2023-2024 Annual Action Plan and the Allocation of $1,035,092.81 in Home Investment Partnerships Program (HOME) Grant Funds, $170,808.46 in HOME -Community Housing Development Organization (CHDO) Grant Funds, and $294,098.73 in HOME - American Rescue Plan (HOME-ARP) Grant Funds as a Conditional Loan to Union Tower by Wakeland Housing and Development Corporation.”

ACTION: Motion by Councilmember Molina, seconded by Councilmember Bush to adopt the resolution.

Motion carried by unanimous vote.

11. STAFF REPORTS

11.1 Union Tower Project Closing Documents For the Construction and Permanent Financing for the $8M Housing Authority Loan Agreement and Related Documents.

Adopted Resolution No. 2024-88.

Acting Deputy City Manager/Housing Authority Director Carlos Aguirre introduced the item.

Recommendation: Approve the Resolution, Entitled, “Resolution of the Community Development Commission -Housing Authority of the City of National City, California, (1) Approving the Construction and Permanent Financing Loan Agreement for the Union Tower Project (“Project”), Located at 2312 F Avenue in National City, With the Borrower, Union Tower One LP, a California Limited Partnership; and (2) Authorizing the Executive Director to Execute Project Related Documents.”
ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Rodriguez to adopt the resolution.

Motion carried by unanimous vote.

City Attorney Barry Schultz returned to the dais at 9:14 p.m.

Assistant City Attorney Richard Romero left the dais.

11.2 Proposed Amendment to the Local Preference for CDC-HA Assisted Affordable Housing Projects.

Adopted Resolution No. 2024-89.

Acting Deputy City Manager/Housing Authority Director Carlos Aguirre introduced the item.

Recommendation: Adopt the Resolution Entitled, “Resolution of the Community Development Commission-Housing Authority (CDC -HA) of the City of National City, California, Amending Its Local Preference Policy to Require Any CDC -HA Assisted Housing Projects to Follow the Local Preference Policy and to Further Align With Federal and State Regulations.”
ACTION: Motion by Councilmember Molina, seconded by Councilmember Rodriguez to adopt the resolution.

Motion carried by unanimous vote.

11.3 Fiscal Year 2023 Budget Review
Adopted Resolution No. 2024-10.

Administrative Services Director Molly Brennan provided a PowerPoint presentation.

Recommendation: Accept and file this report, and adopt the resolution ratifying budget adjustments as detailed in Exhibit A of this report.

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

Motion carried by unanimous vote.

11.4 Reorganization of the City Manager’s Office, Departments, and Divisions City Manager Ben Martinez presented the item.

Two (2) written comments were received from Ted Godshalk and Margaret Godshalk.

Recommendation: For the purpose of reorganizing the City Manager’s Office, Departments, and Divisions, the City Manager requests authorization to add the following staff positions:
 Deputy City Manager (2)
 Assistant Community Development Director
 Finance Director
 City Librarian
 Executive Assistant III (Council Offices of Molina and Bush)

Furthermore, the City Manager requests authorization to vacate the following staff positions:
 Assistant City Manager
 Director of Administrative Services
 Housing Director
 Human Resources Director
 Library & Community Services Director
 Planning Manager

It is anticipated these actions will create a more efficient organization more adept to meet the needs of the community while achieving significant cost savings.

ACTION: Motion by Councilmember Bush, seconded by Councilmember Molina to approve the item with a revision to add authorization for the City Manager to add full time and part -time positions including Executive Assistant I, II, and III for all Councilmembers provided that the positions do not exceed the allotted budgets for Fiscal Year 2024.

Councilmember Bush amended the motion to include any Administrative Assistant positions within existing job classifications, seconded by Councilmember Molina.

Motion carried by unanimous vote.

12. CITY MANAGER’S REPORT
City Manager Ben Martinez advised that he would attend an upcoming City Manager’s Conference.

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

14. CITY ATTORNEY REPORT
No report.

15. ADJOURNMENT
Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, Tuesday, February 20, 2024, at 6:00 p.m. in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

The meeting adjourned at 10:00 p.m.

__________________________________
Tonya Hussain, Executive Secretary

The foregoing minutes were approved at the Regular Meeting of March 5, 2024.

___________________________________
_
Ron Morrison, Mayor

AGENDA REPORT

Department: Library and Community Services
Prepared by: Danielle Ghio, Acting City Librarian
Meeting Date: Tuesday, March 5, 2024
Approved by: Benjamin A. Martinez, City Manager

SUBJECT:

California State Library Lunch at the Library Grant Funds Acceptance

RECOMMENDATION:

Adopt the Resolution Entitled “Resolution of the City Council of the City of National City, California, Authorizing the City Manager or his Designee to Accept the California State Library Grant in the Amount of $25,000 to Fund the National City Public Library’s Lunch at the Library Program for FY 2024 and Authorizing the Establishment of a Library Grants Fund Appropriation of $25,000 and Corresponding Revenue Budget.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Approved by the Board of Library Trustees at the Regular Meeting of February 7, 2024.

EXPLANATION:

The National City Public Library will begin a Lunch at the Library pilot program in 2024 which will support providing summer meals to children and youth. The focus of the program is to provide summer meal sites with learning and enrichment opportunities an d wraparound community services in conjunction with meals.

The National City Public Library will partner with Heaven’s Windows, a non-profit whose mission is to aid struggling families, seniors, homeless individuals with free groceries and children with free meals when school is not in session. Heaven’s Window will supply, deliver, and serve nutritious meals to children up to 18 years of age over the course of 10 weeks in summer.

The California State Library grant is designed to establish summer meal si tes that also provide programming, farm-to-table resources, and enrichment activities, and develop and build local and regional networks to connect families with nutritious summer meals to reduce summer hunger.

This opportunity supports libraries in implem enting innovative and often larger -scale efforts to connect more children, teens, and families with nutritious meals during the summer.

The California State Library grant is awarded in three installment payments. The first payment of $11,250 (45% of the Lunch at the Library Award) is being awarded at this time. The second payment of $11,250, representing an additional 45% of the award will be awarded according to the payment schedule. The third payment of $2,500 representing the remaining 10% of the total award for FY 2024, will be claimed at a later date upon submission of the mid-year narrative and financial reports that demonstrate program activity and confirm that 75% of the award has been expended. The total award amount for FY 2024 will be $25,000. F unds will pay for enrichment activities, marketing, instructional materials, and supplies.

FINANCIAL STATEMENT:

Approval of the Resolution would authorize the establishment of a Library Grants Fund appropriation of $25,000 and a corresponding revenue budget.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Parks, Recreation and Library

ENVIRONMENTAL REVIEW:

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

PUBLIC NOTIFICATION:

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 - California State Library Award Letter
Exhibit B - Resolution

In Process

Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov

January 23, 2024

Danielle Ghio
National City Public Library
1401 National City Blvd, National City, CA 91950
National City, CA, 91950

Subject: Lunch at the Library Summer 2024

Dear Ms. Danielle Ghio:

This letter confirms the California State Library’s award of $25,000 to the National City Public Library for Lunch at the Library Summer 2024.

The Lunch at the Library program makes it possible for public libraries to:
• Provide free summer meals and programming at library sites, • Take pop-up libraries to other community-based meal sites, • Connect children, teens, and families to locally sourced, sustainable food and provide hands-on food education activities,
• Create volunteer opportunities for teens, and
• Implement innovative solutions to connect more families with nutritious meals during the summer.

Thank you for being a part of this important work.

National City Public Library will receive $11,250 of the award upon execution and approval of the grant agreement, certification, and claim forms. The remaining funding (if applicable) will be made available according to the payment schedule and upon the awardee’s completion of the requirements listed in the Grant Agreement and Certification of Compliance document included with this award packet.

Hard copies of this correspondence will not follow. Therefore, please keep this correspondence for your files and consider these award materials your original documents.

DocuSign Envelope ID: E3EADA9B-F68F-4150-BBBD-31A8FE567953

In Process
2023 Lunch at the Library
LATL23-38A

Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov

This grant is governed by the attached Grant Agreement and Certification of Compliance, which includes the project period, reporting requirements, payment schedule, and the proposal outlining the project plan and budget. Within the DocuSign system, please sign the claim and certification forms included in the award packet using the DocuSign system. Should you have any questions regarding using DocuSign please get in touch with your grant monitor.

There are two people assigned to your project. The first is your Grant Monitor.

Contact them regarding compliance and reporting. The Grant Monitor assigned to your project is Lisa Lindsay. Contact Lisa via email at [email protected].

You are also assigned a Library Programs Consultant for ongoing programmatic support. The Library Programs Consultant assigned to your project is Kaela Villalobos.

Contact Kaela via email at [email protected].

Please stay in touch with your Grant Monitor and Library Programs Consultant throughout the award period. Read the enclosed award packet thoroughly and contact your Grant Monitor if you have any questions.

Best wishes for a successful project.

Respectfully yours,

Greg Lucas
California State Librarian

Enclosures
CC: Gina Iwata
Yesenia Castellon
DocuSign Envelope ID: E3EADA9B-F68F-4150-BBBD-31A8FE567953 2/2/2024

In Process

THE BASICS – YOUR GRANT AWARD
The following provides all the basic information about your grant and managing your grant.

Award #: LATL23-38A
Library/Organization: National City Public Library
Project Title: Lunch at the Library Summer 2024
Award Amount: $25,000

APPROVED BUDGET CORE PROGRAM
Salaries/Wages/Benefits $0
Consultant Fees $0
Travel $0
Supplies/Materials $17,000
Equipment ($5,000 or more per unit) $0
Services (contracted) $8,000
Project Total $25,000
Indirect Cost $0

APPROVED BUDGET INNOVATION
Salaries/Wages/Benefits $0
Consultant Fees $0
Travel $0
Supplies/Materials $0
Equipment ($5,000 or more per unit) $0
Services (contracted) $0
Project Total $0
Indirect Cost $0

APPROVED BUDGET TOTAL
Grant Total $25,000
Payment Schedule 45%/45%/10%

Start Date: 2/1/2024
End Date: 1/31/2025
Please understand that it can take six to eight weeks to receive a fully executed claim form with no errors before grant funds are delivered. Therefore, if you have not received your payment after eight weeks, please contact your grant monitor.

REPORTING
As outlined in the grant terms and conditions, Jurisdiction is required to provide two financial and narrative reports (first reports due 6/20/2024; second reports due 10/17/2024; final reports and detailed expenditures due 2/20/2025); and updates upon request. In addition, the LATL Annual Outputs Survey (reporting on all outputs thus far) must be submitted by 9/19/2024. Required reports will be available on the State Library’s Lunch at the Library website under Evaluation.

DocuSign Envelope ID: E3EADA9B-F68F-4150-BBBD-31A8FE567953

In Process
2023 Lunch at the Library
LATL23-38A

Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov

PAYMENTS
Please note this clarification regarding payments. Grant payments will be made based on the payment schedule laid out in the Grant Term and Award Documentation. Ten percent (10%) of the full grant award is withheld until the end of the project period. It is payable only if the grant recipient fulfills all project reporting requirements and expends all funds, or returns all unspent grant funds, by the time specified in the grant terms and conditions.

CONTACT
We want your project to be successful. Please work with the grant monitor and library programs consultant in implementing your project:

Grant
Monitor
Lisa Lindsay Library Programs
Consultant
Kaela Villalobos
Phone 916.603.6708 Phone 279.399.8977
Email [email protected] Email [email protected]

DocuSign Envelope ID: E3EADA9B-F68F-4150-BBBD-31A8FE567953

RESOLUTION NO. 2024 -

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

AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT THE CALIFORNIA STATE LIBRARY GRANT IN THE AMOUNT OF $ 25,000 TO FUND THE NATIONAL CITY PUBLIC LIBRARY’S LUNCH AT THE LIBRARY PROGRAM FOR F Y 2024 AND

AUTHORIZING THE ESTABLISHMENT OF A LIBRARY GRANTS FUND APPROPRIATION OF $25,000 AND CORRESPONDING REVENUE BUDGET.

WHEREAS, the California State Library grant is designed to establish summer meal sites that also provide programming, farm to table resources, enrichment activities and develop and build local and regional networks to connect families with nutritious summer meals to reduce summer hunger. This opportunity supports libraries in implementing innovative and often larger- scale efforts to connect more children, teens, and families with nutritious meals during the summer; and

WHEREAS, the National City Public Library will begin a Lunch at the Library pilot program in 2024 which will support providing summer meals to children and youth. The focus of the program is to provide summer meal sites with learning and enrichment opportunities and wraparound community services in conjunction with meals; and

WHEREAS, the National City Public Library was awarded $25,000 from the California State Library to fund a Lunch at the Library program for our community residents.

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

Section 1: That the City Council hereby authorizes the acceptance of grant funds in the amount of $25,000 from the California State Library to fund the National City Public Library’s Lunch at the Library Program for Fiscal Year 202 4 and authorizes the establishment of Library Grant Fund appropriations in the amount of $25,000 and a corresponding revenue budget.

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 March, 2024.

Ron Morrison, Mayor
ATTEST:

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

Barry J. Schultz, City Attorney

AGENDA REPORT

Department: Planning
Prepared by: Martin Reeder, AICP, Assistant Community Development Director Meeting Date: Tuesday, March 5, 2024
Approved by: Benjamin A. Martinez, City Manager

SUBJECT:

Partial Termination of a Notice of Restriction Related to Union Tower for a Conditional Use Permit (CUP) Approved in 2011.

RECOMMENDATION:

Adopt the Resolution Entitled, “ Resolution of t he City Council of t he City o f National City, California, Authorizing the Partial Termination of a Recorded Notice of Restriction for Conditional Use Permit 2011-27 Cup for Public Assembly at 541 East 24th Street in Association with the Union Tower Project”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

The National City Park Apartments are an affordable housing development comprising almost 30 acres and 1,700 residents. The project is undergoing a phased redevelopment to replace older buildings with new units. On the southeast corner of the property is the Olivewood Clubhouse, a historic building currently used as a meeting hall and community center. The facility was granted a CUP for public assembly in 2011 and continues to be used in the same manne r for which the CUP was approved. The Olivewood Clubhouse was, until recently, located upon its own property, separate from a much larger parcel that housed apartment buildings. When CUPs are approved, a Notice of Restriction is recorded against the property in order to ensure that future oper ating conditions remain consistent with the original approval.

As part of the phased development (Union Tower project), the property owners process ed a lot line adjustment that carved out the area for Union Tower as its own lot (“Lot B”). Through this process, the Olivewood Clubhouse is now located on the same property as the remaining original apartment buildings (“Lot A”). However, part of the originally -restricted lot is located within the boundaries of Lot B . The lender on the Union Tower project ha s requested that the Notice of Restriction for the CUP be updated so that it does not refer to the new Lot B in any way, as that would constitute a cloud on the title and complicate matters related to construction financing. To that end, the property owner ha s requested a partial termination of the Notice of Restriction specifying that it will not refer to Lot B. Staff is in support of the request, as no change in use of the Olivewood Clubhouse would occur, nor would any new use be granted. Further, City staff and the City Attorney’s office has reviewed this draft document and approved it as to form as, again it does not alter the relevant use restriction and simply clarifies its application consistent with the original approvals. However, because the City Coun cil approved the original CUP, any subsequent action would also need to be approved by the City Council, hence this request.

FINANCIAL STATEMENT:

No impact. The restriction refers to an existing and continuing Conditional Use Permit. No change in use will occur.

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 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 – Partial Termination of Restriction
Exhibit B – Recorded Lot Line Adjustment
Exhibit C - Resolution

36454123.1/204836.0047

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

Union Tower One LP
c/o Matt Wilcox, Esq.

FENNEMORE LLP
550 East Hospitality Lane, Suite 350
San Bernardino, CA 92408-4295

Portions of APNs 560-370-09-00 and (SPACE ABOVE THIS LINE FOR RECORDER’S USE) 560-370-10-00

PARTIAL TERMINATION OF RESTRICTION

THIS PARTIAL TERMINATION OF RESTRICTION (“Termination”) is made as of this 6th day of February, 2024 by the City of National City and National City Planning Department (collectively, “City”), relative to that certain Notice of Restriction on Real Property executed by City on January 19, 2012, and recorded in the Official Records on February 13, 2012 as Instrument No. 2012 -0081758 (“Restriction”). The Restriction affects the following descri bed property (“Property”):

Address: 541 E. 24th Street
APN: 560-370-09
Legal Description:

The southeast quarter of the east half of the west half of ten acre Lot 9 in Quarter Section 153 in Rancho de la Nacion, as surveyed by George S. Morril, in 1868.

Lot Line Adjustment No. 2023-001 has been recorded in the Official Records to divide the Property into two (2) separate parcels: (i) Lot A of Lot Line Adjustment No. 2023-001 as described on Exhibit “A”, attached hereto and incorporated herein by reference (“Lot A”), and (ii) Lot B of Lot Line Adjustment No. 2023-001 as described on Exhibit “B”, attached hereto and incorporated herein by reference (“Lot B”). The purpose of this Termination is to terminate the Restriction with respect to Lot B, and to memorialize that the Restriction affects only Lot A. In this regard, City hereby terminates the Restriction and releases and quitclaims any interest it may have in and to Lot B arising out of the Restriction, to the owner thereof. City further confirms that the Property subject to the Restriction is Lot A.

36454123.1/204836.0047
OWNER: APPROVED AS TO FORM:

________________________________ ________________________________ Property Owner’s Name BARRY J. SCHULTZ, City Attorney City of National City

________________________________ ________________________________ Property Owner’s Signature Date

________________________________ ________________________________ Date RON MORRISON, Mayor
City of National City

________________________________
Date

36454123.1/204836.0047

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

STATE OF )
)
COUNTY OF ) ss.

On ____________________ ______, before me, ________________________________, (insert name and title of officer)
personally appeared ________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

___________________________________
Notary Public

36454123.1/204836.0047
EXHIBIT “A”

LEGAL DESCRIPTION OF LOT A
That certain real property located in the County of San Diego, State of California, more particularly described as follows:

LOT A:

REAL PROPERTY IN THE CITY OF NATIONAL CITY, COUNTY OF SAN

DIEGO, STATE OF CALIFORNIA, SHOWN AS LOT A ON THAT CERTAIN CERTIFICATE OF COMPLIANCE NO. 2023 -001 ADJUSTMENT PLAT NO. 2023-001 RECORDED JANUARY 3, 2024 AS INSTRUMENT NO. 2024-0001169, AND RE -RECORDED JANUARY ____, 2024 AS INSTRUMENT NO 2024 - __________________ IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY AND DESCRIBED AS FOLLOWS:

PARCEL 1:

THE SOUTHEAST QUARTER OF THE EAST HALF OF THE WEST HALF OF TEN ACRE LOT 9 IN QUARTER SECTION 153 OF RANCHO DE LA

NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SURVEYED BY GEORGE S. MORRILL IN 1868, EXCEPTING THEREFROM THAT PORTION DESCRIBED AS
FOLLOWS:

BEGINNING AT A POINT ON NORTHERLY LINE OF SAID SOUTHEAST

QUARTER, DISTANT THEREFROM THE NORTHWESTERLY CORNER OF
SAID SOUTHEAST QUARTER, SOUTH 70°54'47" EAST, 4.00 FEET, BE ING THE POINT OF BEGINNING #1;

THENCE SOUTHEASTERLY ALONG A LINE PARALLEL, MEASURED AT RIGHT ANGLES, AND 4.00 FEET EASTERLY OF THE WESTERLY LINE OF SAID SOUTHEAST QUARTER, SOUTH 19° 00'00" EAST, 4.00 FEET, TO A LINE PARALLEL, MEASURED AT RIGHT ANGLES, AND 4.00 FEET

SOUTHERLY OF THE NORTHERLY LINE OF SAID SOUTHEAST
QUARTER;

THENCE SOUTHWESTERLY ALONG LAST SAID PARALLEL LINE,
SOUTH 70°54'47" WEST, 4.00 FEET, TO THE WESTERLY LINE OF SAID SOUTHEAST QUARTER;

THENCE NORTHERLY ALONG SAID WESTERLY LINE OF SAID
SOUTHEAST QUARTER, NORTH 19°00'00" WEST, 4.00 FEET TO THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER;

THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID
SOUTHEAST QUARTER, SOUTH 70°54'47" EAST, 4.00 FEET, TO THE POINT OF BEGINNING #1.

36454123.1/204836.0047
TOGETHER WITH A 13.00 FOOT STRIP OF LAND IN SAID TEN ACRE LOT 9, DESCRIBED AS FOLLOWS:

PARCEL 2:

BEGINNING AT A POINT ON NORTHERLY LINE OF SAID SOUTHEAST

QUARTER, DISTANT THEREFROM THE NORTHWESTERLY CORNER OF
SAID SOUTHEAST QUARTER, SOUTH 70°54'47" EAST, 4.00 FEET, BEING THE POINT OF BEGINNING #1;

THENCE SOUTHEASTERLY ALONG A LINE PARALLEL, MEASURED AT RIGHT ANGLES, AND 4.00 FEET EASTERLY OF THE WESTERLY LINE OF SAID SOUTHEAST QUARTER, SOUTH 19° 00'00" EAST, 4.00 FEET, TO A LINE PARALLEL, MEASURED AT RIGHT ANGLES, AND 4.00 FEET

SOUTHERLY OF THE NORTHERLY LINE OF SAID SOUTHEAST
QUARTER;

THENCE SOUTHWESTERLY ALONG LAST SAID PARALLEL LINE,
SOUTH 70°54'47" WEST, 4.00 FEET, TO THE WESTERLY LINE OF SAID SOUTHEAST QUARTER, BEING THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID PARAL LEL LINE, SOUTH 70°54'47" WEST, 13.00 FEET, TO A LINE PARALLEL, MEASURED AT RIGHT ANGLES, AND 13.00 FEET WESTERLY OF THE WESTERLY LINE OF SAID SOUTHEAST QUARTER;
THENCE ALONG SAID PARALLEL LINE, SOUTH 90°00'00" EAST, 121.19 FEET TO THE NORTH LINE OF THE SOUTH 40 FEET OF SAID TEN ACRE LOT 9 AND THE NORTH RIGHT OF WAY LINE OF 24TH STREET;

THENCE ALONG SAID NORTH LINE AND NORTH RIGHT OF WAY LINE, NORTH 70°54'47" EAST, 13.00 FEET TO THE SOUTHWESTERLY CORNER OF SAID SOUTHEAST QUARTER;

THENCE ALONG THE WESTERLY LINE OF SAID SOUTHEAST QUARTER, NORTH 19°00'00" WEST, 121.19 FEET TO THE TRUE POINT BEGINNING;

ALSO, TOGETHER WITH THAT PORTION OF THE WEST HALF OF TEN ACRE LOTS 9, 10 AND 11 IN QUARTER SECTION 153 OF RANCHO DE LA

NACION, IN THE CITY OF NATIONAL CITY, COUNT Y OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 166, FILED IN THE

OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
DESCRIBED AS FOLLOWS:

PARCEL 3:

BEGINNING AT POINT OF BEGINNING LOT A #2, BEING THE MOST WESTERLY CORNER OF THE EASTERLY 30 FEET OF THE WEST HALF

36454123.1/204836.0047
OF SAID TEN ACRE LOT 11, THENCE ALONG THE WESTERLY LINE OF SAID EASTERLY 30 FEET OF THE WESTERLY HALF OF SAID TEN ACRE LOTS 9, 10 AND 11, AND THE WEST RIGHT OF WAY LINE OF "F" AVENUE, SOUTH 19°00' EAST, 825.92 FEET TO THE NORTHERLY LINE

OF SAID SOUTHEAST QUARTER OF THE EAST HALF OF THE WEST
HALF OF SAID TEN ACRE LOT 9;

THENCE LEAVING SAID WESTERLY RIGHT OF WAY AND ALONG SAID NORTHERLY LINE, SOUTH 70°54'47" WEST, 5.00 FEET TO A LINE PARALLEL TO, MEASURED AT RIGHT ANGLES, AND 5.00 FEET
WESTERLY OF SAID WESTERLY LINE AND WEST RIGHT OF WAY LINE;

THENCE LEAVING SAID NORTHERLY LINE AND ALONG SAID
PARALLEL LINE, NORTH 19°00' WEST, 213.53 FEET;
THENCE LEAVING SAID PARALLEL LINE, SOUTH 57°59'32" WEST, 125.54 FEET;
THENCE SOUTH 32°00'28" EAST, 31.92 FEET;
THENCE SOUTH 57°59'32" WEST, 84.19 FEET;
THENCE NORTH 32°00'28" WEST, 9.08 FEET;
THENCE SOUTH 57°59'32" WEST, 48.81 FEET;
THENCE NORTH 32°00'28" WEST, 40.42 FEET;
THENCE SOUTH 57°59'32" WEST, 46.43 FEET;
THENCE NORTH 32°00'28" WEST, 43.21 FEET;
THENCE SOUTH 57°59'32" WEST, 34.00 FEET;
THENCE SOUTH 32°00'28" EAST, 147.09 FEET;
THENCE SOUTH 19°00'28" EAST, 170.16 FEET;
THENCE SOUTH 28°02'14" WEST, 0.91 FEET;
THENCE SOUTH 18°55'10" EAST, 8.04 FEET, TO THE NORTH LINE OF THE SOUTH 40 FEET OF SAID TEN ACRE LOT 9, AND THE NORTH RIGHT OF WAY LINE OF 24T" STREET;

THENCE ALONG SAID NORTH LINE AND NORTH RIGHT OF WAY LINE, SOUTH 70°54'47" WEST, 276.56 FEET TO THE EAST LINE OF THE WESTERLY 40 FEET OF SAID TEN ACRE LOT 9 AND THE EAST RIGHT OF WAY LINE OF "D" AVENUE;

36454123.1/204836.0047

THENCE ALONG SAID EAST RIGHT OF WAY LINE AND EASTERLY LINE OF THE WESTERLY 40 FEET OF SAID TEN ACRE LOTS 9 AND 10, NORTH 18°59'33" WEST, 620.77 FEET TO THE SOUTHEAST CORNER OF THE WESTERLY 40 FEET OF SAID TEN ACRE LOT 11;

THENCE CONTINUING ALONG SAID EAST RIGHT OF WAY LINE AND EASTERLY LINE OF THE WESTERLY 40 FEET OF SAID LOT NORTH 18°56'57" WEST, 330.50 FEET TO THE NORTHERLY LINE OF SAID TEN ACRE LOT 11;
THENCE ALONG SAID NORTHERLY LINE, NORTH 70°55'40" EAST, 592.68 FEET TO THE POINT OF BEGINNING LOT A #2.

36454123.1/204836.0047
EXHIBIT “B”

LEGAL DESCRIPTION OF LOT B

That certain real property located in the County of San Diego, State of California, more particularly described as follows:

LOT B:

REAL PROPERTY IN THE CITY OF NATIONAL CITY, COUNTY OF SAN

DIEGO, STATE OF CALIFORNIA, SHOWN AS LOT B ON THAT CERTAIN CERTIFICATE OF COMPLIANCE NO. 2023 -001 ADJUSTMENT PLAT NO. 2023-001 RECORDED JANUARY 3, 2024 AS INSTRUMENT NO. 2024-0001169, AND RE-RECORDED ON JANUARY _____, 2024 AS INSTRUMENT NO 2024- ______________ IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY AND DESCRIBED AS FOLLOWS:

THAT PORTION OF THE WEST HALF OF TEN ACRE LOT 9 AND 10 IN QUARTER SECTION 153 OF RANCHO DE LA NACION, IN THE CITY OF

NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON NORTHERLY LINE OF SAID SOUTHEAST

QUARTER, DISTANT THEREFROM THE NORTHWESTERLY CORNER OF SAID SOUTHEAST QUARTER, SOUTH 70°54'47" EAST, 4.00 FEET, BEING THE POINT OF BEGINNING #1;

THENCE ALONG THE SAID NORTHERLY LINE OF SAID SOUTHEAST
QUARTER OF THE EAST HALF OF SAID WEST HALF OF TEN ACRE LOT 9, NORTH 70°54'47" EAST, 126.76 FEET TO A LINE PARALLEL TO, MEASURED AT RIGHT ANGLES, AND 5.00' WESTERLY OF THE WESTERLY LINE OF THE EASTERLY 30 FEET OF THE WESTERLY HALF OF SAID TEN ACRE LOTS 9 AND 10, AND THE WEST RIGHT OF WAY LINE OF "F" AVENUE;

THENCE LEAVING SAID NORTHERLY LINE AND ALONG SAID PARALLEL LINE, NORTH 19°00' WEST, 213.53 FEET;
THENCE LEAVING SAID PARALLEL LINE, SOUTH 57°59'32" WEST, 125.54 FEET;
THENCE SOUTH 32°00'28" EAST, 31.92 FEET;
THENCE SOUTH 57°59'32" WEST, 84.19 FEET;
THENCE NORTH 32°00'28" WEST, 9.08 FEET;
THENCE SOUTH 57°59'32" WEST, 48.81 FEET;
THENCE NORTH 32°00'28" WEST, 40.42 FEET; THENCE SOUTH 57°59'32" WEST, 46.43 FEET; THENCE NORTH 32°00'28" WEST, 43.21 FEET; THENCE SOUTH 57°59'32" WEST, 34.00 FEET; THENCE SOUTH 32°00'28"

36454123.1/204836.0047
EAST, 147.09 FEET; THENCE SOUTH 19°00'28" EAST, 170.16 FEET; THENCE SOUTH 28°02'14" WEST, 0.91 FEET;

THENCE SOUTH 18°55'10" EAST, 8.04 FEET, TO THE NORTH LINE OF THE SOUTH 40 FEET OF SAID TEN ACRE LOT 9 AND THE NORTH RIGHT OF WAY LINE OF 24TH STREET;

THENCE ALONG SAID NORTH LINE AND NORTH RIGHT OF WAY LINE, NORTH 70°54'47" EAST, 167.73 FEET TO A LINE PARALLEL, MEASURED AT RIGHT ANGLES, AND 13.00 FEET WESTERLY OF THE WESTERLY LINE OF

SAID SOUTHEAST QUARTER OF THE EAST HALF OF THE WEST HALF OF SAID TEN ACRE LOT 9;
THENCE ALONG SAID PARALLEL LINE, NORTH 19°00'00", WEST 121.19 FEET TO A LINE PARALLEL, MEASURED AT RIGHT ANGLES, AND 4.00

FEET SOUTHERLY OF THE NORTHERLY LINE OF SAID SOUTHEAST

QUARTER OF THE EAST HALF OF THE WEST HALF OF SAID TEN ACRE LOT 9;

THENCE SOUTHEASTERLY ALONG LAST SAID PARALLEL LINE, NORTH 70°54'47" EAST, 17.00 FEET, TO A LINE PARALLEL, MEASURED AT RIGHT ANGLES, AND 4.00 FEET EASTERLY OF THE WESTERLY LINE OF SAID SOUTHEAST QUARTER;

THENCE NORTHERLY ALONG LAST SAID PARALLEL LINE, NORTH
19°00'00" WEST, 4.00 FEET, TO THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER, BEING THE POINT OF BEGINNING LOT B.

RESOLUTION NO. 2024 -

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

AUTHORIZING THE PARTIAL TERMINATION OF A RECORDED NOTICE OF RESTRICTION FOR CONDITIONAL USE PERMIT 2011-27 CUP FOR PUBLIC ASSEMBLY AT 541 EAST 24TH

STREET IN ASSOCIATION WITH THE UNION TOWER PROJECT

WHEREAS, a Conditional Use Permit was approved by the City Council for public assembly at 541 East 24th Street on January 10, 2012; and WHEREAS, subsequent to said approval a Notice of Restriction was recorded against the property at 541 East 24th Street (APN 560-370-09); and
WHEREAS, a lot line adjustment has since been processed that has caused the Notice of Restriction to partially refer to a new parcel on which a separate project is to be constructed; and
WHEREAS, said partial reference has created a cloud on the title that is complicating construction financing for a new affordable housing project; and WHEREAS, staff has determined that the requested partial termination of the Notice of Restriction would not change the use under the original approval, n or would any new use be granted.

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 partial Termination of the Notice of Restriction for 2011-27 CUP recorded with the San Diego County Recorder as document 2012-0081758 so that the restriction, while still applying in full to the property addressed as 541 East 24th Street, specifically does not affect or encumber “Lot B” as shown on Lot Line Adjustment No. 2023-001, recorded with the San Diego County Recorder as document 2024-0027851.

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 March, 2024.

________________________________
Ron Morrison, Mayor
ATTEST:
____________________________________
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
____________________________________
Barry J. Schultz, City Attorney

AGENDA REPORT

Department: Finance
Prepared by: Karla Apalategui, Sr. Accounting Assistant Meeting Date: Tuesday, March 5, 2024
Approved by: Benjamin A. Martinez, City Manager

SUBJECT:

Warrant Register #28 for the period of 1/5/24 through 1/11/24 in the amount of $3,063,912.04.

RECOMMENDATION:

Ratify Warrants Totaling $3,063,912.04

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

Per Government Section Code 37208, below are the payments issued for the period 1/5/24 – 1/11/24. Consistent with the Department of Finance’s practice, listed below are all payments above $50,000.

Vendor Check/Wire Amount Explanation
Chen Ryan Associates 366792 $438,610.33 CIP 19-24 Bayshore Bikeway Kaiser Foundation HP 366807 $233,622.78 February 2024 – Group# 104220 The Bank of NY Mellon 3129 $348,799.20 SA National City RDA TARB 2017A Public Emp Ret System 240110 $326,397.93 Service Period 12/12/23 – 12/25/23

FINANCIAL STATEMENT:

Warrant total $3,063,912.04

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

EXHIBIT:

Exhibit A. Warrant Register 28

PAYEE DESCRIPTION CHK NO DATE AMOUNT
CMO
HOME DEPOT CREDIT SERVICES 6 FT FOLDING PICNIC TABLES 366805 1/11/24 3,282.34 Total for Department 3,282.34
Community Services/Nutrition/Library
HOME DEPOT CREDIT SERVICES RADIO H EAD SETS FOR EVENTS 366805 1/11/24 163.09 AMAZON SENIOR PROGRAMMING MATERIALS & SUPPLIES 366838 1/11/24 10,610.58 ALDEMCO FOOD 366779 1/11/24 15,446.02
ALL FRESH PRODUCTS CONSUMABLES 366780 1/11/24 1,694.52 COZZINI BROS., INC. KNIFE SHARPENING SERVICE 366796 1/11/24 52.50 PRUDENTIAL OVERALL SUPPLY LAUNDRY & CONSUMABLES 366818 1/11/24 1,842.56 SEAPORT MEAT COMPANY F OOD 366821 1/11/24 297.69
SYSCO SAN DIEGO INC FOOD 366827 1/11/24 14,855.83
PACIFIC REFRIGERATION INC FOOD WASTE DISPOSER 366849 1/11/24 5,777.79 AMAZON CAPITAL SERVICES, INC. AMAZON/OFFICE SUPPLIES/FY24 366839 1/11/24 40.55

EBSCO INFORMATION SERVICES RFW/ESBCO DATABASES/SUBSCRIPTION RENEWA L 366842 1/11/24 17,800.00
LEXIA LEARNING SYSTEMS LLC RFW- LEXIA- CO RE5 SUBSCRIPTION RENEWAL- 366844 1/11/24 440.00 OCLC, INC RFW/OCLC SUBSCRIPTION RENEWAL/FY24 366848 1/11/24 12,809.38 SIRSIDYNIX SIRSI DYNIX/LINK+/FY24 366855 1/11/24 900.00 STAPLES BUSINESS ADVANTAGE MOP 45704 / OFFICE SUPPLIES / LIBRARY 366857 1/11/24 169.43 Total for Department 82,899.94
Engineering / PW's
HOME DEPOT CREDIT SERVICES SUPPLIES FOR BUILDINGS / PW 366805 1/11/24 3,456.77 PACIFIC STATES PETROLEUM INC HYDRAULIC OIL, ENGINE OIL FY24-PW/EQM 366814 1/11/24 1,488.46 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY24-PW/FACIL 366817 1/11/24 5,897.71 SOUTHWEST SIGNAL SERVICE INTERSECTION MAINTENANCE FOR STREETS FY2 366823 1/11/24 33,085.19 STAPLES BUSINESS ADVANTAGE MOP 45704 / OFFI CE SUPPLIES / PW'S 366825 1/11/24 238.24 SWEETWATER AUTHORITY WATER BILL FOR WASTEWATER FY24 OCT-NOV - 366826 1/11/24 314.94 T MAN TRAFFIC SUPPLY STREET TRAFFIC SUPPLIES FY24-PW/STREETS 366828 1/11/24 6,283.56 VULCAN MATERIALS COMPANY ASPH ALT MATERIALS FOR STREETS FY24-PW/ST 366836 1/ 11/24 1,530.05 AMAZON BASKETBALL HOOPS FOR PARKS 366838 1/11/24 409.97 MAINTEX INC MISC JANITORIAL SUPPLIES FY24-PW/FACILITIES 366845 1/11/24 353.22 MEGLA MANUFACTURING INC AUTO REPAI RS FY24-PW/EQM 366846 1/11/ 24 1,000.00 PERRY FORD-NATIONAL CITY LLC AUTO PARTS FY24-PW/EQM 366851 1/11/24 1,856.95 RDO EQUIPMENT CO FUEL PUMP FY24-PW/EQM 366852 1/11/24 482.72 SAF COLLISION CENTER TRUCK PAINTING FY24-PW/EQM 366853 1/11/24 2,800.00 SAN DIEGO MECHANICAL ENERGY REPAIRS TO HVAC SYSTEMS FY24-PW/FACILITI 366854 1/11/24 1,995.24 SOUTH COAST EMERGENCY AUTO REPAI RS FY24-PW/EQM 366856 1/11/24 887.50 SWEETWATER AUTHORITY WATER BILL FOR PARKS DIVISION FY24 OCT-N 366858 1/11/24 112.92 T'S & SIGNS INC WORK APPAREL FY 24-PW/PARKS 366860 1/11/24 380.08 UNDERGROUND SERVICE ALERT UNDERGROUND SERVICE ALERT FY24-PW/SEWER 366861 1/11/24 466.57 WINSUPPLY SOUTH BAY PLUMBING SUPPLIES FOR CITY-WIDE-PW/ENG 366862 1/11/24 2,185.31 SDG&E GAS AND ELECTRIC UTILITIES FOR STREETS 366820 1/11/24 43,127.41 WARRANT REGISTER # 28
1/11/2024
1/4Page 57 of 87

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 28
1/11/2024
CHEN RYAN ASSOCIATES INC CIP 19-24 BAYSHORE BI KEWAY SEGMENT 5- EN 366792 1/11/24 438,610.33 HDR ENGINEERING, INC. CIP 19-11 PARADISE CREEK AT PLAZA PHASE 366802 1/11/24 7,593.25 INNOVATIVE CONSTRUCTION CIP 22-01 LAS PALMAS POOL - ENG/PW 366806 1/11/24 21,133.00 KIMLEY HORN CIP 19-23 CENTRAL COMMUNITY MOBILITY - ENG 366808 1/11/24 3,108.00 Total for Department 578,797.39
Building/Planning
BUREAU VERITAS N AMERICA INC BUREAU VERITAS PLAN REVIEWS 366785 1/11/24 3,435.01 STAPLES BUSINESS ADVANTAGE MOP 45704 / OFFICE SUPPLIES / BUILDING 366825 1/11/24 436.17 Total for Department 3,871.18
Finance
C A P F JANUARY 2024 - FIRE LTD 366786 1/11/24 1,150.50 CALPERS - FINANCIAL REPORTING 2024 REPLACEMENT BENEFIT CONTRIBUTION 366789 1/11/24 41,978.64 CESNAUSKAS RETIREMENT HEALTH BEN EFIT / DEC 2023 366791 1/11/24 400.00 KAISER FOUNDATION HEALTH PLAN FEBRUARY 2024 - GROUP #104220 366807 1/11/24 233,622.78 CALIFORNIA LAW ENFORCEMENT JANUARY 2024 - PD LTD 366840 1/11/24 2,624.00 Total for Department 279,775.92
Fire
ALLSTAR FIRE EQUIPMENT INC LION LPGVCTRY VICTORY GAUNTLET/FIRE 366781 1/11/24 637.36 HOME DEPOT CREDIT SERVICES O RDER #WJ44624708, MILWAUKEE M18 FUEL 18 366843 1/11/ 24 1,448.29 Total for Department 2,085.65
Housing / Sec 8
NAN MCKAY AND ASSOCIATES INC HOUSING CHOICE VO UCHER MB DIGITAL REVISI 366847 1/11/24 239.00 CHRISTENSEN & SPATH LLP CDC-HA AGREEMENT WITH CHRISTENSEN & 366793 1/11/24 8,025.00 KIMLEY HORN TOWER 999 TR ANSACTION ASSISTANCE FOR 366809 1/11/24 328.63 MCALISTER INSTITUTE NOVEMBER 2023 INVOICE 366813 1/11/24 14,217.95 THE STAR NEWS TEFRA PUBLIC NOTICE 00136706 366830 1/11/24 292.13 Total for Department 23,102.71
Human Resources
CESNAUSKAS ADVANCED DISABILITY PENSION PAYMENT - JAN 366791 1/11/ 24 4,472.29 Total for Department 4,472.29
MIS
AT&T SBC - AT&T FOR FY24 366782 1/11/24 16,697.26
AT&T SBC - AT&T FOR FY24 366783 1/11/24 299.18
CENTRICITY GIS, LLC CENTRICITY CITYWORKS PERMITTING 366790 1/11/24 450.00 2/4Page 58 of 87

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 28
1/11/2024
COUNTY OF SAN DIEGO NEXTGEN REGIONAL COMMUNICATIONS SYSTEM 366794 1/11/24 8,151.00 COX COMMUNICATIONS COX DATA, VIDEO SERVICES FY24 366795 1/11/24 2,320.62 GRANICUS LLC GRANICUS WEBCASTING FY24 366801 1/11/24 2,055.29 LASER SAVER INC LASER SAVER MO P FY24 366810 1/11/24 146.76 SHARP ELECTRONICS CORPORATION INVOICE # 9004561882 366822 1/11/24 5,614.00 SPOK INC SPOK METROCALL PAGING FY24 366824 1/11/24 692.74 TYLER TECHNOLOGIES INC TYLER MUNIS / CAD~ 366833 1/11/24 10,360.00 VERIZON WIRELESS VERIZON CELLULAR SERVICES FOR FY24 366835 1/11/24 10,798.40 WILLY'S ELECTRONIC SUPPLY WILLY'S ELECTRONICS MOP FY24 366837 1/11/24 187.09 Total for Department 57,772.34
NSD
ACE UNIFORMS & ACCESSORIES INC ACE UNIFORMS / NSD 366778 1/11/24 2,381.86 BOOT WORLD MOP 64096 BOOT WORLD / NSD 366784 1/11/24 975.38 Total for Department 3,357.24
Police
ACE UNIFORMS & ACCESSORIES INC ACE UNI FORMS / POLICE 366778 1/11/ 24 3,549.13 CALIXTO REIMB: REFRIGERATOR FO R INVESTIGATIONS 366788 1/11/24 243.71 CYRACOM INTERNATIONAL, INC DISPATCH LANGUAGE LINE 366797 1/11/24 115.05 DOGTEAMPRO INC BEAGLE PLAN FOR K9 TRAINING 366798 1/11/ 24 1,699.00 EXPERIAN DECEMBER CREDIT CHECKS 366799 1/11/24 42.20
FON JON PET CARE CENTER BAUTISTA & DAVIS K9 FOOD 366800 1/11/24 366.35 LOZANO REIMB: SUPPLIES FOR DUI CK PT 12/30/23 366811 1/11/24 54.88 MAN K9 INC MONTHLY MAINT TRAINING 366812 1/11/24 1,520.00 PALOMAR HEALTH SART EXAM NOVEMBER 366815 1/11/24 1,350.00 PC SPECIALISTS INC MISC MI S EQUIP 366816 1/11/24 876.37 SAFARILAND, LLC PE SUPPLIES 366819 1/11/24 2,273.10
STAPLES BUSINESS ADVANTAGE MOP 45704 / O FFICE SUPPLIES / PD 366825 1/11/24 148.66 THE COUNSELING TEAM EMPLOYEE SU PPORT SVCS 366829 1/11/24 800.00 THOMSON REUTERS INVESTIGATIONS SUBSCRIPTION 366831 1/11/24 691.95 T-MOBILE MOBILE USA INC. GPS LOCATE 09/24/23-09/27/23 366832 1/11/24 25.00 VCA EMERGENCY ANIMAL HOSPITAL STRAY ANIMAL VET CARE 366834 1/11/24 976.23 CALIFORNIA LAW ENFORCEMENT CARMAGO MEMBERSHIP 366841 1/11/24 75.00 PC SPECIALISTS INC MISC MIS EQUIPMENT 366850 1/11/24 180.73 STAPLES BUSINESS ADVANTAGE MOP 45704 SUPPLIES PD 366857 1/11/24 318.09 SYMBOLARTS, LLC MOTOR BADGES 366859 1/11/24 838.01
HERNANDEZ TRAINING POST REIM SDCRLI TRACK 2 366803 1/11/24 40.00 HERNANDEZ TRAINING REIM SDCRL TRK3 366804 1/11/24 32.00 Total for Department 16,215.46
A/P Total 1,055,632.46
3/4Page 59 of 87

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 28
1/11/2024

PAYROLL
Pay period Start Date End Date Check Date
1 12/12/2023 12/25/2023 1/3/2024 1,313,369.57

WIRED PAYMENTS
CMO
U S BANK CREDIT CARD EXPENSES / CMO 983710 1/10/24 2,072.61 Community Services/Nutrition/Library
U S BANK CREDIT CARD EXPESES / CSD 983710 1/10/24 581.72 U S BANK CREDIT CARD/LIBRARY 276142 1/11/24 231.75
Finance
THE BANK OF NEW YORK MELLON SA NATIONAL CITY RDA TARB 2017A 3129 1/11/24 348,799.20 THE BANK OF NEW YORK MELLON SA NATIONAL CITY RDA TARB 2017B 3142 1/11/24 16,826.80 PUBLIC EMP RETIREMENT SYSTEM SERVICE PER IOD 12/12/23 - 12/25/23 240110 1/10/ 24 326,397.93 GRAND TOTAL 3,063,912.04
4/4Page 60 of 87

AGENDA REPORT

Department: Finance
Prepared by: Karla Apalategui, Sr. Accounting Assistant Meeting Date: Tuesday, March 5, 2024
Approved by: Benjamin A. Martinez, City Manager

SUBJECT:

Warrant Register #29 for the period of 1/12/24 through 1/18/24 in the amount of $440,639.82.

RECOMMENDATION:

Ratify Warrants Totaling $440,639.82

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

Per Government Section Code 37208, below are the payments issued for the period 1/12/24 – 1/18/24. Consistent with the Department of Finance’s practice, listed below are all payments above $50,000.

Vendor Check/Wire Amount Explanation
Anser Advisory Management 366866 $87,450.00 CIP Wastewater Rate Analysis ENG KTUA 366896 $57,051.01 NC Old CC Installation Resiliency

FINANCIAL STATEMENT:

Warrant total $440,639.82

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

EXHIBIT:

Exhibit A - Warrant Register 29

PAYEE DESCRIPTION CHK NO DATE AMOUNT

CMO
GARCIA REIMBURSEMENT FOR CULTURE CLUB 366888 1/18/24 268.60 COUNTY OF SAN DIEGO PROPERTY OF KIMBALL HOUSE 366882 1/18/24 1,671.24 SPARKLETTS WATER FOR FINANCE DEPARTMENT 366920 1/18/24 130.24 Total for Department 2,070.08
Community Services/Nutrition/Library
PACIFIC ERGONOMICS OFFICE CHAIR FURNITURE FOR CSD 366904 1/18/24 1,299.56 SMART & FINAL MOP 45756 CASA YOUTH SNACKS 366917 1/18/24 298.31 STAPLES BUSINESS ADVANTAGE OFFICE SUPPLIES / NUTRITION 366923 1/18/24 105.44 WINTERGREEN CORPORATION ADDITIONS TO THE HOLIDAY TREE FOR A KIMB 366935 1/18/24 11,902.36 STAPLES BUSINESS ADVANTAGE OFFICE SUPPLIES / CSD 366923 1/18/24 98.19 SYSCO SAN DIEGO INC FOOD 366925 1/18/24 4,394.12
ALLSTATE SECURITY ALLSTATE DBA INVICTA/SECURYT GUARD/LIBRA 366865 1/18/24 8,535.40 Total for Department 26,633.38
Engineering / PW's
ASSI SECURITY INC CITY-WIDE SECURITY REPAIRS FY24-PW/FACIL 366867 1/18/24 950.00 BOOT WORLD MOP 64096 SAFETY APPAREL FY24-PW/FACILIT 366873 1/18/24 900.34 COSCO FIRE PROTECTION FIRE SERVICE INSPECTIONS FY24-PW/FACILIT 366881 1/18/24 3,245.00 CUSTOM TRUCK BODY & EQUIPMENT, TOMMYGATE INSTALL FOR CITY VEHICLE FY24- 366884 1/18/24 6,072.38 FACTORY MOTOR PARTS MOP 82766 AUTO SUPPLIES FY24-PW/EQM 366887 1/18/24 156.93 HASA INC CHEMICAL PRODUCTS FOR MUNICIPAL POOL FY2 366890 1/18/24 2,095.43 JJJ ENTERPRISES FIRE AND SECURITY ALARM MONITORING FY24- 366894 1/18/24 1,060.00 MASON'S SAW MOP 45729 LANDSCAPE SUPPLIES FY24-PW/PAR 366898 1/18/24 385.66 MEGLA MANUFACTURING INC STREET SWEEPER 304 STAINLESS TRASH CHUTE 366899 1/18/24 475.00 O'REILLY AUTO PARTS MOP 75877 AUTO SUPPLIES FY24-PW/EQM 366903 1/18/24 169.12 PARTS AUTHORITY METRO MOP 75943 AUTO SUPPLIES FY24-PW/EQM 366905 1/18/24 259.06 PARTS AUTHORITY METRO MOP 75943 AUTO SUPPLIES FY24-PW/EQM 366906 1/18/24 6.78 PERRY FORD-NATIONAL CITY LLC AUTO PARTS FY24-PW/EQM 366907 1/18/24 2,838.72 PRUDENTIAL OVERALL SUPPLY MOP 45742 LAUNDRY SERVICES FY24-PW/PARKS 366909 1/18/24 938.58 SAN DIEGO MECHANICAL ENERGY REPAIRS TO HVAC SYSTEMS FY24-PW/FACILITI 366911 1/18/24 4,159.13 SDG&E GAS AND ELECTRIC UTILITIES FOR STREETS N 366913 1/18/24 42,642.80 SDG&E GAS AND ELECTRIC FOR FACILITIES FOR FY24 366914 1/18/24 5,611.60 SEDANO FORD OF LM, INC. R&M CITY VEHICLES FY24-PW/EQM 366915 1/18/24 498.68 SITEONE LANDSCAPE SUPPLY LLC MOP 69277 LANDSCAPE SUPPLIES FY24-PW/PAR 366916 1/18/24 38.07 SOUTH COAST EMERGENCY AUTO SUPPLIES FY24-PW/EQM 366919 1/18/24 666.89 SPEEDPRO IMAGING LAMINATED VEHICLE VINYL WEEDED & MASKED 366921 1/18/24 492.44 SWEETWATER AUTHORITY WATER BILL FOR FACILITIES FY24 OCT-DEC - 366924 1/18/24 31,838.20 TOPECO PRODUCTS MOP 63849 AUTO SUPPLIES FY24-PW/EQM 366926 1/18/24 17.73 T'S & SIGNS INC SAFETY APPAREL FY24-PW/STREETS 366927 1/18/24 176.72 VORTEX INDUSTRIES INC CITY-WIDE DOORS, GATES, AND RELATED FY24 366929 1/18/24 5,663.33 WAXIE SANITARY SUPPLY MISC JANITORIAL SUPPLIES FY24 366931 1/18/24 4,308.35 WETMORES MOP 80333 AUTO SUPPLIES FY24-PW/ EQM 366932 1/18/24 108.59 WARRANT REGISTER # 29
1/18/2024
1/3Page 62 of 87

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 29
1/18/2024
WINSUPPLY SOUTH BAY PLUMBING SUPPLIES FOR CITY-WIDE FY24-PW/ 366934 1/18/24 61.34 ANSER ADVISORY MANAGEMENT, LLC CIP 22-47 WASTEWATER RATE ANALYSIS- ENG/ 366866 1/18/24 87,450.00 ATLAS TECHNICAL CONSULTANTS, CIP 19-20 SWEETWATER RD BIKEWAY TIC- ENG 366871 1/18/24 2,582.50 CANON SOLUTIONS AMERICA INC. EQUIPMENT BASE CHARGE- ENG/PW 366875 1/18/24 111.28 D-MAX ENGINEERING INC T&A 90634 IN-N-OUT BURGER- ENG/PW 366885 1/18/24 2,944.37 HDR ENGINEERING, INC. CIP 20-01 SEWER LINE UPSIZING- ENG/PW 366892 1/18/24 648.25 INNOVATIVE CONSTRUCTION CIP 22-09 EASTSIDE I-805- ENG/PW 366893 1/18/24 1,600.00 KIMLEY HORN CIP 20-09 NC EASTSIDE I-805 COMMUNI- ENG 366895 1/18/24 7,969.52 KTUA NC OLDCC INSTALLATION RESILIENCY GRANT- 366896 1/18/24 57,051.01 MESHULAM REFUND REQUEST FOR TA 90646 BOND- ENG/PW 366900 1/18/24 4,118.44 PROJECT PROFESSIONALS CORP CIP 23-14 CASA DE SALUD ROOF REPLACEMENT 366908 1/18/24 1,618.75 SOLANA CENTER SUPPORT SERVICES UNDER RSWA- ENG/PW 366918 1/18/24 5,217.00 CLEAN HARBORS ENVIRONMENTAL HOUSEHOLD HAZARDOUS WASTE FOR DECEMBER 2 366878 1/18/24 761.52 ENTERPRISE FLEET MANAGEMENT ENTERPRISE FLEET LEASES NOVEMBER 2023 - 366886 1/18/24 49,253.07 GEOSYNTEC CONSULTANTS INC CIP 21-16 CITY OF NATIONAL CITY COMPLIANCE 366889 1/18/24 4,459.00 Total for Department 341,621.58
Fire
VECTOR SOLUTIONS VECTOR LMS TARGET SOLUTIONS PREMIER 366928 1/18/24 3,515.00 Total for Department 3,515.00
MIS
AT&T SBC - AT&T FOR FY24 366868 1/18/24 2,112.36
AT&T SBC - AT&T FOR FY24 366869 1/18/24 333.75
AT&T SBC - AT&T FOR FY24 366870 1/18/24 97.23
CORELOGIC SOLUTIONS LLC REALQUEST PROPERTY RESEARCH APP 366880 1/18/24 79.03 COX COMMUNICATIONS COX DATA, VIDEO SERVICES FY24 366883 1/18/24 2,596.70 LASER SAVER INC LASERSAVER MOP FY24 366897 1/18/24 130.45 WILLY'S ELECTRONIC SUPPLY WILLY'S ELECTRONICS MOP FY24 366933 1/18/24 114.20 Total for Department 5,463.72
NSD
SAN DIEGO COUNTY ASSESSOR COUNTY ASSESSORS RECORDS / NSD 366910 1/18/24 38.00 Total for Department 138.00
Police
CALIXTO REIMB: FOOD DURING HOMICIDE INVESTIGATIO 366863 1/16/24 124.83 CHICK-FIL-A EMERGENCY FOOD PROCUREMENT CASE 2307822 366876 1/18/24 239.60 CHICK-FIL-A EMERGENCY FOOD PROCUREMENT / PD 366864 1/16/24 224.50 BERNAL TRAINING ADV LDG MMBTH 366872 1/18/24 667.85
HAWK TRAINING ADV SUB RIFLE INSTR 366891 1/18/24 1,068.87 MORRISON TRAINING ADV LDG MMBTH 366901 1/18/24 667.85
SPORTELLI ADV LODGING FOR THE MANUAL MECHANICAL 366922 1/18/24 667.85 2/3Page 63 of 87

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 29
1/18/2024
WADSWORTH TRAINING ADV LDG MMBTH 366930 1/18/24 667.85 Total for Department 4,329.20
Risk
CLAIMS MANAGEMENT ASSOCIATES PROFESSIONAL SERVICES 366877 1/18/24 8,000.00 CONTRERAS LIABILITY CLAIM COST 366879 1/18/24 4,267.77 Total for Department 12,267.77
A/P Total 396,038.73

WIRED PAYMENTS
Finance
PUBLIC EMP RETIREMENT SYSTEM 2024 REPLACEMENT CHARGES FOR CITY OF NC 394855 1/17/24 41,978.64 Human Resources
PAYCHEX BENEFIT TECH INC BENETRAC ESR SERVICES BASE FEE - JANUARY 252738 1/12/24 722.35 CMO
U S BANK CREDIT CARD STATEMENT - BENJAMIN MARTINE 614472 1/17/24 750.00 Fire
U S BANK CREDIT CARD PYMT FOR B. KREPPS /FIRE 30096 1/18/24 1,150.10 GRAND TOTAL 440,639.82
3/3Page 64 of 87

AGENDA REPORT

Department: Engineering
Prepared by: Stephen Manganiello, Director of Public Works / City Engineer Meeting Date: Tuesday, March 5, 2024
Approved by: Benjamin A. Martinez, City Manager

SUBJECT:

Ordinance for Introduction – Prevailing Wage Requirement for Traffic Control Workers

RECOMMENDATION:

Introduce Ordinance by First Reading, entitled, “Ordinance of the City Council of the City of National City, California, Adding Chapter 2.78 – Traffic Control Worker Prevailing Wage to Title 2 of the National City Municipal Code to Establish a Traffic Control Worker Prevailing Wage.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

Traffic control workers are responsible for stopping, slowing, and safely guiding, directing, or controlling traffic through construction and maintenance work in public rights of way. Unexpected and difficult driving conditions in these areas can present a significant risk of harm to motorists, other users of the City’s public r ights of way, and the traffic control workers themselves. Traffic control workers employed on public works projects are paid a prevailing wage while the same workers employed on private construction projects may be paid significantly less to perform the same work. Low wages, less qualified workers, and difficult working conditions can present a significant risk of harm to workers and users of the City’s public rights of way that can be mitigated by ensuring the most qualified, well-trained and sufficiently paid workers are employed to provide traffic control work in public rights of way . The City seeks to address the unique safety risks confronted by workers and users of City streets subject to traffic control by ensuring that, except in limited circumstances, all traffic control workers are paid a wage equal to or greater than the prevailing wage that is set by the Department of Industrial Relations in the State of California for traffic control on public works projects according to the type of work and location of the project.

The City of San Diego, City of Chula Vista and County of San Diego have recently adopted similar ordinances.

FINANCIAL STATEMENT:

The cost to administer and enforce the ordinance has not been determined , but is not expected to be significant.

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:

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

ORDINANCE:

First Reading

EXHIBIT:

Exhibit A - Ordinance

ORDINANCE NO. 2024 -

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, ADDING CHAPTER 2.78 – TRAFFIC CONTROL WORKER PREVAILING WAGE TO TITLE 2

OF THE NATIONAL CITY MUNICIPAL CODE TO ES TABLISH A TRAFFIC CO NTROL WORKER PREVAILING WAGE.

WHEREAS, the City of National City (the "City") may adopt ordinances in accordance with its police powers to ensure the public health, welfare, and safety of its residents , including the police powers vested in the City pursuant to article XI, section 7, of the California Constitution and California Labor Code section 1205; and

WHEREAS, construction and maintenance activities in public rights of way may create health and safety risks to the public, including drivers, pedestrians, bicyclist s and workers, if proper traffic control measures are not implemented; and

WHEREAS, traffic control workers perform a critical role in ensuring public safety during construction and maintenance work in the City's public rights of way; and

WHEREAS, traffic control workers are exposed to health and safety hazards, including the risk of serious injury and death; and
WHEREAS, traffic control workers who work on public works projects for the City must be paid the prevailing wage s required by the California Labor Code for public works projects; however, employers on non -public works projects currently may pay traffic control workers significantly less for the same type of work performed in the City's public rights of way; and WHEREAS, the California Department of Industrial Relations generally describes the prevailing wage rate as the basic hourly rate paid on public works projects to a majority of workers engaged in a particular craft, classification, or type of work within the loc ality and in the nearest labor market area (if a majority of such workers are paid at a single rate) and, if there is no single rate paid to the majority, then the single or modal rate being paid to the greatest number of workers is prevailing; and
WHEREAS, the payment of an applicable prevailing wage rate supports a safe working environment and can reduce the rate of injury and death among workers as workers who are paid prevailing wage s generally are more qualified, based on factors such as skill, training, and experience; and
WHEREAS, the City desires to limit health and safety risks to the public and traffic control workers associated with construction and maintenance activities in the City's public rights of way by requiring all employers or contractors authorized to perform work in the City’s public rights of way to pay no less than the prevailing wage rate paid for the same type of work on public works projects in San Diego County.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, HEREBY ORDAINS AS FOLLOWS:

Section 1: That Chapter 2.78 is added to the National City Municipal Code to read as follows:

Chapter 2.78

TRAFFIC CONTROL WORKER PREVAILING
WAGE

2.78.010 Purpose and Intent

The purpose of this chapter is to address the unique safety risks confronted by workers and users of City public rights of way by ensuring that, except in limited circumstances, all traffic control workers are paid a wage at least equivalent to the prevailing wage they would receive if they were working on a City public works project. Traffic control workers are responsible for stopping, slowing, and safely guiding, directing, or controlling traffic through construction and maintenance work in public rights of way. Unexpected and difficult driving conditions in these areas can present a significant risk of harm to motorists, other users of the City’s public rights of way, and the traffic control workers themselves. Traffic co ntrol workers employed on public works projects are paid a prevailing wage while the same workers employed on private construction projects may be paid significantly less to perform the same work. Low wages, less qualified workers, and difficult working co nditions can present a significant risk of harm to workers and users of the City’s public rights of way that can be mitigated by ensuring the most qualified, well -trained and sufficiently paid workers are employed to provide traffic control work in public rights of way.

2.78.020 Definitions

When used in this chapter, the following words and phrases shall have the meanings ascribed to them below. Words and phrases not specifically defined below shall have the meanings ascribed to them elsewhere in this Co de, or shall otherwise be defined by common usage. For definitions of nouns, the singular shall also include the plural; for definitions of verbs, all verb conjugations shall be included.

"City" means the City of National City.

"City Manager" means the City Manager of the City of National City, or designee.

“Code” means the City of National City Municipal Code.

"Employee" has the same meaning as California Labor Code section 2775.

"Employer" means any Person, including a corporate officer or executive, who directly or indirectly, or through any other Person, including through the services of a temporary service, staffing agency, or similar entity, employs or exercises control over the wages, hours, or working conditions of any Employee.

"Permit" means a permit issued by the City for work in the public right of way requiring Traffic Control Work.

"Person" means any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination of Persons acting as a unit.

"Prevailing Wage" means the prevailing rate of per diem wages as determined by the California Director of Industrial Relations in accordance with California Labor Code section 1720 et seq., as may be amended, to be paid to a laborer within San Diego County on a public works project.

"Public Works Project" shall have the same meaning as applicable to the payment of prevailing wages under Labor Code section 1720, et seq. and includes the construction, reconstruction, or repair of public buildings, streets, utilities, and other public works.

"Traffic Control Work" means the stopping, slowing or otherwise guiding, directing, or controlling of traffic pursuant to a Permit.

"Traffic Control Worker" means any Person engaged in Traffic Control Work, excluding public agency Employees performing traffic control for a public agency.

2.78.030 Payment of Prevailing Wage

All Traffic Control Workers performing Traffic Control Work, as required by a Permit, shall be paid no less than the Prevailing Wage, except as follows:

A. Traffic Control Work performed by an Employee in support of the construction, renovation, or repair of a single-family home, duplex, triplex, or accessory dwelling unit.

B. Traffic Control Work performed by an Employee on any project costing $1,000 or less, as specified in California Labor Code section 1771 or any subsequent cost threshold applicable to the payment of Prevailing Wage established by California law.

C. Traffic Control Work performed by an Employee of a gas or electric utility company on any project where the Employee performs Traffic Control Work for one hour or less per workday or one hour or less per shift.

D. Traffic Control Work performed by an Employee of any public agency.

E. To the extent prohibited by law or by a state or federal funding source requirement applicable to the work that is the subject of the Permit.

2.78.040 Enforcement

A. The City Manager may enforce this Chapter in accordance with the provisions of Chapter 1.44 or Chapter 1.48 of this Code.

B. The City Manager is authorized to establish, consistent with the terms of this Chapter, any additional administrative rules, regulations, and standards determined to be necessary to carry out the purposes of this Chapter.

C. Any person may file a written complaint with the City Manager regarding a violation of this Chapter. The written complaint must describe the alleged violation, including a statement of relevant facts, dates, places, and Persons or entities responsible for the alleged violation.

D. If an Employer ceases its business operations, or sells, exchanges, transfers, or otherwise disposes of the Employer's business, then any Person that becomes a successor

to the business shall be liable for any unpaid amounts owed under this Chapter if, at the time of the conveyance of the business, the successor has actual or constructive knowledge of the amounts owed as determined by the City.

2.78.050 Limitations

A. Any waiver by a Traffic Control Worker of any or all of the provisions of this Chapter or of rights or protections afforded under the authority of this Chapter shall be deemed contrary to public policy and shall be void and unenforceable.

B. This Chapter is not intended to, and shall not be interpreted to, conflict with federal or state law and shall be interpreted to be compatible with federal and state enactments, not limited to those dealing with employe e/employer and labor relations, and in furtherance of the public purposes that those enactments encompass.

C. This Chapter does not create any cause of action for damages against the City.

D. This Chapter is not to be construed to limit the rights of an Employee to bring legal action for a violation of any law concerning wages, hours, or other standards or rights.

Exhaustion of remedies under this Chapter is not a prerequisite to the assertion of any right.

E. This chapter shall not be construed to disco urage or prohibit an Employer from providing higher wages to its Employees.

Section 2: This Ordinance shall take effect and be in force thirty (30) days from the date of its passage, and before the expiration of fifteen (15) days after its passage, it or a summary of it, shall be published once, with the names of the members of the City Council voting for and against the same in the Star News, a newspaper of general circulation published in the County of San Diego, California.

Section 3: The City Clerk shall certify to the adoption of this Ordinance and shall publish in accordance with the law.

INTRODUCED at a regular meeting of the City Council of the City of National City, California, held on this 5th day of March, 2024.

PASSED and ADOPTED this _____ of ________________, 2024.

Ron Morrison, Mayor
ATTEST:

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

Barry J. Schultz, City Attorney

AGENDA REPORT

Department: City Attorney's Office
Prepared by: Barry J. Schultz, City Attorney
Meeting Date: Tuesday, March 5, 2024
Approved by: Benjamin A. Martinez, City Manager

SUBJECT:

Discussion and Direction Regarding a Temporary Local Emergency Ordinance Prohibiting Evictions and Rental Increases, Providing Relocation Assistance, and a Right to Return During the Local Emergency Related to the Recent Floods.

RECOMMENDATION:

1. Direct City staff to prepare a Local Emergency Ordinance with specific provisions as outlined in the Agenda Report.

2. Take no action and rely on existing San Diego County Ordinance.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

On January 29, 2024, the City Council ratified the Proclamation of the Existence of a Local Emergency by the Emergency Services Director.

On February 20, 2024, the City Council directed City staff to return with optional language to address relocation benefits, rental increases, right to return and the term of the ordinance.

EXPLANATION:

On Monday, January 22, 2024, residents of San Diego County experienced an event referred to as the 1,000-year storm. Cities around the County experienced rainfall of over 3 inches in a single 24-hour period, a total that exceeds that of an average wet month and rivals the rainfall needed to spur a 100-year flood.

On Tuesday, January 23, 2024, the Governor of the State of California issued a Proclamation of a State of Emergency for San Diego County due to the historic rainfall experienced. The County of San Diego also issued a similar proclamation. On Thursday, January 25, 2024, the City Manager, as Emergency Services Director, issued a Proclamation of Local Emergency. The City Council ratified the proclamation on January 29, 2024.

On January 30, 2024, the County of San Diego adopted an emergency ordinance prohibiting residential evictions without Just Cause and enacting a delay on certain residential rent increases (Attachment “A”). On February 20, 2024 the City Council considered Councilmember Rodriguez’s Policy 105 request for consideration of adopting a local ordinance prohibiting evictions in addition to limiting rental increases and providing relocation benefits. The Council directed City staff to return with optional language to address these concerns.

Housing and Community Development staff will provide a brief update on the status of the assistance programs provided by the City, County, State, and Federal resources.

County of San Diego Ordinance

The County of San Diego’s Ordinance included the following provisions:

1) Prohibition of Residential Evictions Without Just Cause No Landlord can evict or require a Tenant to vacate a residential unit without Just Cause. “Just Cause” requires a showing that the Tenant is an imminent health or safety threat.

This protection applies to Tenants who are within a Flood Affected Area1and have suffered economic lo ss of any sort caused by the flood. The ordinance does not prohibit the temporary relocation of a Tenant in order to accomplish any necessary repairs.

2) Relocation
The ordinance references relocation but does not provide any specific requirements for relocation benefits. In essence, the ordinance does not prohibit a Landlord from relocating a Tenant temporarily in compliance with all state and local laws including those requiring relocation assistance, if needed to fix damage caused by the Flood. Additiona lly, the ordinance states that it is not intended to supersede any applica ble requirements in Civil Code Section 1946.2 pertaining to relocation or rent waiver.2

3) Delay of Residential Rent Increases
The ordinance prohibits a Landlord from increasing a Tenant’s rent by any amount greater than the CPI for the previous year. Under this ordinance, a Tenant is not specifically entitled to return to the unit in the event of the need for temporary repairs nor is the Tenant provided a right to return under the same rent.

DISCUSSION

The City can enact an ordinance that provides stronger protections for Tenants affected by the flood than those provided in the County’s Ordinance. The purpose of this Agenda Report is to provide optional language to supplement the County’s Ordinance as it relates to relocation benefits, rent increases and right of first refusal. Attached to this Agenda Report are the following optional languages:

1) Temporary/Permanent Relocation Benefits – Attachment “B”

The County Ordinance does not specifically address the is sue of relocation benefits for T enants either temporarily or permanently displaced by the flood. It simply references relocation benefits as required by state and local laws. Under State law , relocation benefits are provided in the case of a “no -fault just ca use” eviction under Civil Code S ection 1946.2. These relocation benefits are either one-month rental payment or waiver of the final month of tenancy. Health and Safety Code section 17975.2 requires two months of fair mark et rent as relocation benefits in the event a Tenant is displaced due to inhabitability of a residential unit. In both of these cases, the Tenant’s tenancy is terminated and there is no specific right of the Tenant to return to the unit.

It should also be noted that in those cases where relocation benefits are required to be paid by the Landlord, it is generally in the context of the Landlord being responsible for the circumstances creating the need to vacate the unit. Where the circumstances

1 National City is included as a Flood Affected Area.
2 Civil Code section 1946.2 requires a Landlord in the case of a “no-fault just cause” eviction to provide either one month’s relocation benefit or waive the payment of rent for the final month of tenancy.

are not due to the fault of the L andlord relocation benefits are minimized or not required.

Attachment “B” includes optional language to address relocation benefits. Option 1 provides a relocation benefit equal to one month of the Tenant’s rent in effect as of the time of the temporary relocation. This option is based on the relocation benefit provided for by Civil Code 1946.2. This relocation benefit is required not withstanding that the cause of the relocation is beyond the control of the Landlord.

Option 2 is intended as short-term relocation and is intended to apply where the temporary relocation will be for a short period of time (20 days or less). This relocation benefit is based on a daily hotel rate and daily allowance for meals. Depending on the time of the displacement, this option can be a greater financial burden on the Landlord.

Additionally, due to the short-term nature of the displacement, should the Tenant elect to receive the benefit the Tenant will remain responsible for the payment of rent. This provision will lessen the burden on the Landlord.

Both options allow for the Landlord to provide alternative housing in lieu of paying a relocation benefit.

2) Rent Increases – Attachment “C”

The County’s Ordinance limits the increases in rent allowed during the emergency period to an amount no greater than the CPI for the previous year3. Option 1 provides that no increase in rent is allowed during the time in which the ordinance is in effect.

Option 2 limits the allowable increase in rent to a percentage of the CPI for the previous year. Finally, Option 3 is based on the State’s anti -gouging statute (California Penal Code Section 396(e)) and prohibits any increase in rent greater than 10%.

3) Tenant Right to Return – Attachment “D”

The County’s Ordinance prohibits evictions or requiring a Tenant to vacate the residential unit. However, it does not prohibit the relocation of a Tenant temporarily for the purpose of repairing damage caused by the flood. In light of the fact that the County Ordinance prohibits evictions, it would seem reasonable to consider providing a T enant with a right of first refusal to return to their unit upon completion of repairs. This is especially true given the difficulty in finding permanent affordable housing.

Attachment “D” provides for a right of first refusal allowing a Tenant the right to return to the unit upon the completion of repairs. The provision also includes noticing requirements on both the Landlord and the Tenant. Finally, it also includes an obligation on the Tenant to provide timely response to the L andlord’s notice of the T enant’s right to return to the unit.

4) Term of the Ordinance

In addition to the above provisions, the Council did direct staff to include an extension of time to the term of the ordinance. The County’s O rdinance expires 60 days after its effective date. It was suggested by some members of Council to consider an expiration date either 60 or 90 days after the expiration of the County’s Ordinance. The term of the ordinance can be modified based on the Council direction.

3 See Option 4 in Attachment C.

FINANCIAL STATEMENT:

Not Applicable

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Not Applicable

ENVIRONMENTAL REVIEW:

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

PUBLIC NOTIFICATION:

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:

Attachment A – San Diego County Ordinance
Attachment B – Relocation Options
Attachment C – Rent Increase Options
Attachment D – First Right of Refusal

Attachment B

Relocation Benefit Options

Option 1
Section 4. Specific Relocation Assistance
Where a Tenant must be temporarily displaced from a unit to accomplish any necessary repairs as a result of the Flood, the Tenant shall be entitled to receive temporary relocation assistance consisting of one month of the Tenant’s rent in effect as of the time of the temporary relocation.

In lieu of providing relocation payment, the Landlord may provide safe and legal housing that is equivalent in size, number of bedrooms and location within the city for the period that the Tenant is required to vacate the dwelling, as evidenced by a written agreement binding the property owner to provide such replacement housing tendered to the Tenant for acceptance.

Option 2
Section 4. Specific Short Term Relocation Assistance
Where a Tenant must be temporarily displaced from a unit to accomplish any necessary repairs as a result of the Flood, the Tenant shall be immediately entitled to receive short-term relocation benefits from the Landlord as set forth below:

The following amounts shall be paid by the Landlord to the Tenant for each day of displacement not to exceed 30 days:
a) Hotel or motel accommodations: $180 per household
b) Meal expenses: $__ per occupant
The Tenant may choose not to re ceive short-term relocation payments. If the Tenant receives short term relocation payments, the Tenant remains obligated to pay to the Landlord the lawful rent in effect when the Tenant vacates. If the Tenant has chosen not to receive short -term relocation payments, the Tenant shall not be obligated to pay any rent until the Tenant reoccupies the unit.

In lieu of providing relocation payment, the Landlord may provide safe and legal housing that is equivalent in size, number of bedrooms and location within the city for the period that the Tenant is required to vacate the dwelling, as evidenced by a written agreement binding the property owner to provide such replacement housing tendered to the Tenant for acceptance.

Attachment C

Residential Rental Increases

Option 1.

Section 6. Rental Increases Prohibited
(a) During the term of this Ordinance, no Landlord may increase a Tenant’s rent in effect as of the effective date of this Ordinance.
(b) A residential real property that is exempt from the rent limits imposed by Civil Code Section 1947.12 is exempt from this section.
(c) This section does not apply when a unit lawfully becomes vacant and the Landlord sets the initial rent for a new tenancy for a new Tenant.

Option 2.

Section 6. Rental Increases Limited
(a) During the term of this O rdinance, no Landlord may increase a Tenant’s ren t by any amount greater than __% of CPI for the previous year.
(b) Just Cause, as defined in Section 3 of this ordinance, does not include a Tenant’s failure to pay any in crease in rent from the effective date of this Ordinance until December 31, 2024
(c) A residential real property that is exempt from the rent limits imposed by Civil Code Section 1947.12 is exempt from this section.
(d) This section does not apply when a unit lawfully becomes vacant and the Landlord sets the initial rent for a new tenancy for a new Tenant.
(e) This section does not apply to any rent increase from taking effect for which notice was lawfully provided to a Tenant prior to January 22, 2024.

Option 3.

Section 6. Rental Increases Limited
(a) During the term of this Ordinance, no Landlord may increase a Tenant’s rent in effect as of the effective date of this ordinance by more than 10%. (b) A residential real property that is exempt from the rent limits imposed by Civil Code section 1947.12 is exempt from this section.
(c) This section does not apply when a unit lawfully becomes vacant and the Landlord sets the initial rent for a new tenancy for a new Tenant.
(d) This section does not apply to any rent increase from taking eff ect for which notice was lawfully provided to a Tenant prior to January 22, 2024.

Attachment C

Option 4.

Section 6. Delay of Residential Rent Increases1
(a) During the term of this Ordinance, no Landlord may increase a Tenant’s rent in effect as of the effective date of this Ordinance by any amount greater than the CPI for the previous year.
(b) Just Cause, as defined in Section 3 of this Ordinance, does not include a Tenant’s failure to pay any increase in rent made during the term of this Ordinance. (c) A residential real property that is exempt from the rent limits imposed by Civil Code Section 1947.12 is exempt from this section.
(d) This section does not apply when a unit lawfully becomes vacant and the Landlord sets the initial rent for a new tenancy for a new Tenant.
(e) This section does not apply to any rent increase from taking effect for which notice was lawfully provided to a Tenant prior to January 22, 2024.

1 This option is the language included in the County’s ordinance.

Attachment D

Right of First Refusal
Section 5. Right of First Refusal. Any Tenant temporarily displaced from a unit to accomplish any necessary repairs as a result of the Flood, shall be given the right of first refusal to reoccupy the unit once said unit becomes habitable.
(1) The owner of said unit shall, at the time the Tenant vacates, personally provide written notice advising the Tenant of the right of first refusal. Said notice shall include a current address and telephone number which can be used by the Tenant to contact the Landlord. (2) It shall be the Tenant’s responsibility to provide the Landlord of said unit with contact information consisting of the Tenant’s current address and/or telephone number to be used for future notification, and to provid e updated contact information to the Landlord upon change of said information.
(3) Thereafter, when said unit, becomes habitable, the Landlord shall give written notice to the Tenant advising said Tenant that the unit is ready for occupancy. Said written notice shall be made by certified mail, return receipt requested. (4) If the Landlord cannot locate a previous Tenant after two attempts over a period of two weeks made by certified mail, return receipt requested, or if the Tenant has not responded within one week after receiving the notice provided by the Landlord, the Landlord shall be deemed to have complied with the right of first refusal provision of this chapter, and the Tenant’s right of first refusal shall thereafter be forfeited.