Agenda packet, regular meeting — National City City Council, May 7, 2024 (part 2 of 2)

BENCHMARK INDEX & DISCLOSURES
Benchmark Disclosure
ICE BofA 1-5 Yr US Treasury & Agency
Index
The ICE BofA 1-5 Year US Treasury & Agency Index tracks the performance of US dollar denominated US Treasury and nonsubordinated US agency debt issued in the US domestic market. Qualifying securities must have an investment grade rating (based on an average of Moody’s, S&P and Fitch). Qualifying securities must have at least one year remaining term to final maturity and less than five years remaining term to final maturity, at least 18 months to maturity at time of issuance, a fixed coupon schedule, and a minimum amount outstanding of $1 billion for sovereigns and $250 million for agencies.

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AGENDA REPORT

Department: Finance
Prepared by: Kecia Carrasco, Accountant
Meeting Date: Tuesday, May 7, 2024
Approved by: Benjamin A. Martinez, City Manager

SUBJECT:

Investment Transactions for the Month Ended February 29, 2024.

RECOMMENDATION:

Accept and File the Investment Transaction Ledger for the Month Ended February 29, 2024.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

In accordance with California Government Code Section 53646 and Section XIIA of the City of National City’s investment policy, a monthly report shall be submitted to the legislative body accounting for transactions made during the reporting period.

The attached listing reflects investment transactions of the City of National C ity’s investment portfolio for the month ending February 29, 2024.

FINANCIAL STATEMENT:

In this period, there were acquisitions of $2,664,017.13 and dispositions of $2,513,002.04.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Balanced Budget and Economic Development

ENVIRONMENTAL REVIEW:

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

PUBLIC NOTIFICATION:

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

ORDINANCE:

Not Applicable

EXHIBIT:

Exhibit A – Investment Transaction Ledger 2024-0229

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MONTHLY ACCOUNT STATEMENT
City of National City | Account As of February 29, 2024 CHANDLER ASSET MANAGEMENT | chandlerasset.com
Information contained herein is confidential. We urge you to compare this statement to the one you receive from your qualified custodian. Please see Important Disclosures at the end of the statement.

Chandler Team:

For questions about your account, please call (800) 317-4747, or contact [email protected]
Custodian:

Bank of New York Mellon

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PORTFOLIO SUMMARY
Portfolio Characteristics
Sector Allocation
Performance Review
Account Summary
Maturity Distribution
Top Issuers
Credit Quality
Total Rate of Return 1M 3M YTD 1YR 2YRS 3YRS 5YRS 10YRS Since Inception (03/01/12)
City of National City (0.61%) 1.21% (0.22%) 4.51% 0.44% (0.27%) 1.10% 1.06% 0.98% Benchmark Return* (0.72%) 1.11% (0.36%) 4.10% (0.10%) (0.67%) 0.82% 0.83% 0.78% Average Modified Duration 2.57
Average Coupon 2.71%
Average Purchase YTM 2.76%
Average Market YTM 4.79%
Average Quality AA
Average Final Maturity 2.89
Average Life 2.84
Beg. Values as of
02/01/2024
End Values as of
02/29/2024
Market Value 36,956,145.47 36,733,698.45
Accrued Interest 249,791.31 246,167.25
Total Market Value 37,205,936.78 36,979,865.70
Income Earned 111,389.26 80,994.38
Cont/WD 0.00 0.00
Par 38,089,747.23 38,132,096.53
Book Value 38,030,094.17 38,061,040.06
Cost Value 38,030,094.17 38,061,040.06
United States 42.66%
Federal Home Loan Banks 8.83%
FHLMC 6.74%
Farm Credit System 4.68%
Inter-American Development Bank 2.62%
Apple Inc. 1.76%
The World Bank Group 1.70%
FNMA 1.65%
*Periods over 1 year are annualized.

Benchmark: ICE BofA 1-5 Year Unsubordinated US Treasury & Agency Index Secondary Benchmark:
*See Footnote
The credit quality is a weighted average calculation of the highest of S&P , Moody’s’ and Fitch

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STATEMENT OF COMPLIANCE
Rules Name Limit Actual Compliance
Status Notes

AGENCY MORTGAGE SECURITIES (CMOS)
Max % (MV) 20.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Years) 5.0 0.0 Compliant
Min Rating (AA by 1) 0.0 0.0 Compliant

ASSET-BACKED SECURITIES (ABS)
Max % (MV) 20.0 2.8 Compliant
Max % Issuer (MV) 5.0 1.1 Compliant
Max Maturity (Years) 5 4 Compliant
Min Rating (AA- by 1) 0.0 0.0 Compliant

BANKERS' ACCEPTANCES
Max % (MV) 40.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Days) 180 0.0 Compliant
Min Rating (A- by 2, A-1 by 2) 0.0 0.0 Compliant

CERTIFICATE OF DEPOSIT PLACEMENT SERVICE (CDARS)
Max % (MV) 30.0 0.0 Compliant
Max Maturity (Years) 5.0 0.0 Compliant

COMMERCIAL PAPER
Max % (MV) 25.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Days) 270 0.0 Compliant
Min Rating (A by 2, A-1 by 2) 0.0 0.0 Compliant

CORPORATE MEDIUM TERM NOTES
Max % (MV) 30.0 26.9 Compliant
Max % Issuer (MV) 5.0 1.8 Compliant
Max Maturity (Years) 5 4 Compliant
Min Rating (A- by 1) 0.0 0.0 Compliant

FDIC INSURED TIME DEPOSITS (NON-NEGOTIABLE CD/
TD)
Max % (MV) 30.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Years) 5 0.0 Compliant

FEDERAL AGENCIES

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STATEMENT OF COMPLIANCE
Rules Name Limit Actual Compliance
Status Notes
Max % (MV) 100.0 18.0 Compliant
Max Maturity (Years) 5 4 Compliant

LOCAL AGENCY INVESTMENT FUND (LAIF)
Max Concentration (MV) 75.0 0.0 Compliant

MONEY MARKET MUTUAL FUNDS
Max % (MV) 20.0 0.2 Compliant
Max % Issuer (MV) 20.0 0.2 Compliant
Min Rating (AAA by 2) 0.0 0.0 Compliant

MORTGAGE-BACKED SECURITIES (NON-AGENCY)
Max % (MV) 20.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Years) 5.0 0.0 Compliant
Min Rating (AA by 1) 0.0 0.0 Compliant

MUNICIPAL SECURITIES (CA, LOCAL AGENCY)
Max % (MV) 30.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Years) 5 0.0 Compliant
Min Rating (A- by 2) 0.0 0.0 Compliant

MUTUAL FUNDS
Max % (MV) 20.0 0.0 Compliant
Max % Issuer (MV) 10.0 0.0 Compliant
Min Rating (AAA by 2) 0.0 0.0 Compliant

NEGOTIABLE CERTIFICATES OF DEPOSIT (NCD)
Max % (MV) 30.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Years) 5 0.0 Compliant
Min Rating (A by 2, A-1 by 2 if > FDIC Limit) 0.0 0.0 Compliant

SUPRANATIONAL OBLIGATIONS
Max % (MV) 30.0 5.5 Compliant
Max % Issuer (MV) 10.0 2.6 Compliant
Max Maturity (Years) 5 4 Compliant
Min Rating (AA- by 1) 0.0 0.0 Compliant
U.S. TREASURIES
Max % (MV) 100.0 42.6 Compliant

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STATEMENT OF COMPLIANCE
Rules Name Limit Actual Compliance
Status Notes
Max Maturity (Years) 5 4 Compliant

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RECONCILIATION SUMMARY
Accrual Activity Summary
Fair Market Activity Summary
Month to Date Fiscal Year to Date
(07/01/2023)
Beginning Book Value 38,030,094.17 37,732,951.71
Maturities/Calls 0.00 (1,730,000.00)
Principal Paydowns (64,153.66) (665,777.65)
Purchases 2,658,298.54 14,609,809.33
Sales (2,509,526.43) (11,716,150.39)
Change in Cash, Payables, Receivables (617.93) 746.19
Amortization/Accretion 0.00 0.00
Realized Gain (Loss) (53,054.63) (170,539.14)
Ending Book Value 38,061,040.06 38,061,040.06
Month to Date Fiscal Year to Date
(07/01/2023)
Beginning Market Value 36,956,145.47 35,694,797.82
Maturities/Calls 0.00 (1,730,000.00)
Principal Paydowns (64,153.66) (665,777.65)
Purchases 2,658,298.54 14,609,809.33
Sales (2,509,526.43) (11,716,150.39)
Change in Cash, Payables, Receivables (617.93) 746.19
Amortization/Accretion 0.00 0.00
Change in Net Unrealized Gain (Loss) (253,392.90) 710,812.29 Realized Gain (Loss) (53,054.63) (170,539.14)
Ending Market Value 36,733,698.45 36,733,698.45
Maturities / Calls
Month to Date 0.00
Fiscal Year to Date (1,730,000.00)
Principal Paydowns
Month to Date (64,153.66)
Fiscal Year to Date (665,777.65)
Purchases
Month to Date 2,658,298.54
Fiscal Year to Date 14,609,809.33
Sales
Month to Date (2,509,526.43)
Fiscal Year to Date (11,716,150.39)
Interest Received
Month to Date 86,861.43
Fiscal Year to Date 527,657.32
Purchased / Sold Interest
Month to Date (2,242.98)
Fiscal Year to Date (14,377.44)

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TRANSACTION LEDGER
Transaction Type Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/
Sold Total Amount Gain/Loss

ACQUISITIONS
Purchase 02/01/2024 60934N807 8,509.50 FEDERATED HRMS GV O SVC 1.000 5.00% (8,509.50) 0.00 (8,509.50) 0.00 Purchase 02/02/2024 60934N807 1,758.84 FEDERATED HRMS GV O SVC 1.000 4.98% (1,758.84) 0.00 (1,758.84) 0.00 Purchase 02/06/2024 60934N807 1,091.25 FEDERATED HRMS GV O SVC 1.000 4.96% (1,091.25) 0.00 (1,091.25) 0.00 Purchase 02/08/2024 60934N807 2,450.00 FEDERATED HRMS GV O SVC 1.000 4.97% (2,450.00) 0.00 (2,450.00) 0.00 Purchase 02/09/2024 532457CK2 275,000.00 ELI LILLY AND CO 4.5 02/09/2029 99.934 4.51% (274,818.50) 0.00 (274,818.50) 0.00 Purchase 02/12/2024 60934N807 4,687.50 FEDERATED HRMS GV O SVC 1.000 4.96% (4,687.50) 0.00 (4,687.50) 0.00 Purchase 02/14/2024 60934N807 16,312.50 FEDERATED HRMS GV O SVC 1.000 4.97% (16,312.50) 0.00 (16,312.50) 0.00 Purchase 02/15/2024 60934N807 44,042.68 FEDERATED HRMS GV O SVC 1.000 4.97% (44,042.68) 0.00 (44,042.68) 0.00 Purchase 02/15/2024 60934N807 35,990.05 FEDERATED HRMS GV O SVC 1.000 4.97% (35,990.05) 0.00 (35,990.05) 0.00 Purchase 02/16/2024 60934N807 630,831.48 FEDERATED HRMS GV O SVC 1.000 4.96% (630,831.48) 0.00 (630,831.48) 0.00 Purchase 02/20/2024 4581X0EN4 475,000.00

INTER-AMERICAN
DEVELOPMENT BANK 4.125
02/15/2029

99.112 4.32% (470,782.00) (1,088.54) (471,870.54) 0.00
Purchase 02/21/2024 60934N807 8,924.57 FEDERATED HRMS GV O SVC 1.000 4.94% (8,924.57) 0.00 (8,924.57) 0.00 Purchase 02/21/2024 60934N807 59.10 FEDERATED HRMS GV O SVC 1.000 4.94% (59.10) 0.00 (59.10) 0.00 Purchase 02/26/2024 60934N807 4,380.81 FEDERATED HRMS GV O SVC 1.000 4.97% (4,380.81) 0.00 (4,380.81) 0.00 Purchase 02/26/2024 60934N807 11,186.41 FEDERATED HRMS GV O SVC 1.000 4.97% (11,186.41) 0.00 (11,186.41) 0.00 Purchase 02/27/2024 91282CJW2 700,000.00 UNITED STATES TREASURY 4.0 01/31/2029 98.613 4.31% (690,292.97) (2,076.92) (692,369.89) 0.00 Purchase 02/29/2024 60934N807 11,234.38 FEDERATED HRMS GV O SVC 1.000 4.97% (11,234.38) 0.00 (11,234.38) 0.00 Purchase 02/29/2024 756109CF9 450,000.00 REALTY INCOME CORP 4.75 02/15/2029 97.988 5.21% (440,946.00) (2,553.13) (443,499.13) 0.00 Total Purchase 2,681,459.07 (2,658,298.54) (5,718.59) (2,664,017.13) 0.00 TOTAL ACQUISITIONS 2,681,459.07 (2,658,298.54) (5,718.59) (2,664,017.13) 0.00

DISPOSITIONS
Sale 02/09/2024 79466LAG9 (65,000.00) SALESFORCE INC 0.625 07/15/2024 97.964 0.64% 63,676.60 (27.08) 63,703.68 (1,290.25) Sale 02/09/2024 60934N807 (166,906.05) FEDERATED HRMS GV O SVC 1.000 4.96% 166,906.05 0.00 166,906.05 0.00 Sale 02/09/2024 60934N807 (43,821.27) FEDERATED HRMS GV O SVC 1.000 4.96% 43,821.27 0.00 43,821.27 0.00

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TRANSACTION LEDGER
Transaction Type Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/
Sold Total Amount Gain/Loss
Sale 02/16/2024 91282CDH1 (650,000.00) UNITED STATES TREASURY 0.75 11/15/2024 96.859 0.84% 629,585.94 (1,245.54) 630,831.48 (18,738.28) Sale 02/20/2024 60934N807 (471,870.54) FEDERATED HRMS GV O SVC 1.000 4.96% 471,870.54 0.00 471,870.54 0.00 Sale 02/27/2024 912828ZT0 (675,000.00) UNITED STATES TREASURY 0.25 05/31/2025 94.348 0.60% 636,846.68 (410.35) 637,257.03 (28,265.62) Sale 02/27/2024 60934N807 (55,112.86) FEDERATED HRMS GV O SVC 1.000 4.97% 55,112.86 0.00 55,112.86 0.00 Sale 02/29/2024 69371RR40 (155,000.00) PACCAR FINANCIAL CORP 0.5 08/09/2024 97.804 0.52% 151,596.20 (43.06) 151,639.26 (3,320.10) Sale 02/29/2024 931142EW9 (95,000.00) WALMART INC 3.9 09/09/2025 98.403 3.92% 93,482.85 (1,749.58) 95,232.43 (1,450.65) Sale 02/29/2024 60934N807 (196,627.44) FEDERATED HRMS GV O SVC 1.000 4.97% 196,627.44 0.00 196,627.44 0.00 Total Sale (2,574,338.16) 2,509,526.43 (3,475.61) 2,513,002.04 (53,064.90) TOTAL DISPOSITIONS (2,574,338.16) 2,509,526.43 (3,475.61) 2,513,002.04 (53,064.90) OTHER

TRANSACTIONS
Coupon 02/01/2024 46625HRY8 0.00 JPMORGAN CHASE & CO 3.782 02/01/2028 5.04% 8,509.50 0.00 8,509.50 0.00
Coupon 02/01/2024 3137FETN0 0.00 FHMS K-073 A2 3.35
01/25/2028 4.60% 530.42 0.00 530.42 0.00
Coupon 02/01/2024 3137FGZT5 0.00 FHMS K-079 A2 3.926
06/25/2028 4.60% 981.50 0.00 981.50 0.00
Coupon 02/01/2024 3137FG6X8 0.00 FHMS K-077 A2 3.85
05/25/2028 4.25% 2,310.00 0.00 2,310.00 0.00
Coupon 02/01/2024 3137H4BY5 0.00 FHMS K-746 A2 2.031
09/25/2028 5.22% 541.60 0.00 541.60 0.00
Coupon 02/06/2024 857477BR3 0.00 STATE STREET CORP 1.746 02/06/2026 1.75% 1,091.25 0.00 1,091.25 0.00
Coupon 02/08/2024 037833EB2 0.00 APPLE INC 0.7 02/08/2026 1.51% 2,450.00 0.00 2,450.00 0.00 Coupon 02/09/2024 69371RR40 0.00 PACCAR FINANCIAL CORP 0.5 08/09/2024 0.52% 387.50 0.00 387.50 0.00
Coupon 02/12/2024 3137EAEP0 0.00

FEDERAL HOME LOAN
MORTGAGE CORP 1.5
02/12/2025

0.55% 4,687.50 0.00 4,687.50 0.00

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TRANSACTION LEDGER
Transaction Type Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/
Sold Total Amount Gain/Loss
Coupon 02/14/2024 3133EPSW6 0.00

FEDERAL FARM CREDIT
BANKS FUNDING CORP 4.5
08/14/2026

4.58% 16,312.50 0.00 16,312.50 0.00
Coupon 02/15/2024 89240BAC2 0.00 TAOT 2021-A A3 0.26
05/15/2025 0.26% 8.66 0.00 8.66 0.00
Coupon 02/15/2024 47788UAC6 0.00 JDOT 2021 A3 0.36 09/15/2025 0.36% 8.40 0.00 8.40 0.00 Coupon 02/15/2024 47789QAC4 0.00 JDOT 2021-B A3 0.52
03/16/2026 0.52% 32.63 0.00 32.63 0.00
Coupon 02/15/2024 43815BAC4 0.00 HAROT 2022-1 A3 1.88
05/15/2026 1.88% 279.43 0.00 279.43 0.00
Coupon 02/15/2024 47787JAC2 0.00 JDOT 2022 A3 0.36 09/15/2026 2.33% 229.35 0.00 229.35 0.00 Coupon 02/15/2024 47800AAC4 0.00 JDOT 2022-B A3 3.74
02/16/2027 3.74% 483.08 0.00 483.08 0.00
Coupon 02/15/2024 161571HT4 0.00 CHAIT 2023-1 A 5.16
09/15/2028 5.17% 1,698.50 0.00 1,698.50 0.00
Coupon 02/15/2024 912828P46 0.00 UNITED STATES TREASURY

1.625 02/15/2026 1.56% 10,562.50 0.00 10,562.50 0.00
Coupon 02/15/2024 9128282A7 0.00 UNITED STATES TREASURY 1.5 08/15/2026 1.11% 7,500.00 0.00 7,500.00 0.00
Coupon 02/15/2024 912828V98 0.00 UNITED STATES TREASURY 2.25 02/15/2027 2.53% 4,050.00 0.00 4,050.00 0.00
Coupon 02/15/2024 438516CJ3 0.00 HONEYWELL INTERNATIONAL INC 4.95 02/15/2028 4.44% 11,137.50 0.00 11,137.50 0.00 Coupon 02/21/2024 43813GAC5 0.00 HAROT 2021-1 A3 0.27
04/21/2025 0.27% 2.38 0.00 2.38 0.00
Coupon 02/21/2024 43815GAC3 0.00 HAROT 2021-4 A3 0.88
01/21/2026 0.89% 56.72 0.00 56.72 0.00
Coupon 02/25/2024 05601XAC3 0.00 BMWLT 2022-1 A3 1.03
03/25/2025 1.10% 17.29 0.00 17.29 0.00
Coupon 02/29/2024 9128284Z0 0.00 UNITED STATES TREASURY 2.75 08/31/2025 0.70% 9,281.25 0.00 9,281.25 0.00
Coupon 02/29/2024 91282CFH9 0.00 UNITED STATES TREASURY

3.125 08/31/2027 3.99% 1,953.13 0.00 1,953.13 0.00
Total Coupon 0.00 85,102.59 0.00 85,102.59 0.00

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TRANSACTION LEDGER
Transaction Type Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/
Sold Total Amount Gain/Loss
Dividend 02/29/2024 60934N807 0.00 FEDERATED HRMS GV O SVC 4.97% 12.00 0.00 12.00 0.00 Total Dividend 0.00 12.00 0.00 12.00 0.00
Principal Paydown 02/15/2024 89240BAC2 10,192.82 TAOT 2021-A A3 0.26 05/15/2025 0.26% 10,192.82 -- 10,192.82 1.89
Principal Paydown 02/15/2024 47788UAC6 4,171.74 JDOT 2021 A3 0.36 09/15/2025 0.36% 4,171.74 -- 4,171.74 0.80 Principal Paydown 02/15/2024 47789QAC4 8,776.39 JDOT 2021-B A3 0.52 03/16/2026 0.52% 8,776.39 -- 8,776.39 0.78
Principal Paydown 02/15/2024 43815BAC4 11,900.33 HAROT 2022-1 A3 1.88 05/15/2026 1.88% 11,900.33 -- 11,900.33 1.79
Principal Paydown 02/15/2024 47787JAC2 9,001.40 JDOT 2022 A3 0.36 09/15/2026 2.33% 9,001.40 -- 9,001.40 1.99 Principal Paydown 02/21/2024 43813GAC5 2,717.99 HAROT 2021-1 A3 0.27 04/21/2025 0.27% 2,717.99 -- 2,717.99 0.05
Principal Paydown 02/21/2024 43815GAC3 6,206.58 HAROT 2021-4 A3 0.88 01/21/2026 0.89% 6,206.58 -- 6,206.58 1.31
Principal Paydown 02/25/2024 05601XAC3 11,186.41 BMWLT 2022-1 A3 1.03 03/25/2025 1.10% 11,186.41 -- 11,186.41 1.67
Total Principal
Paydown 64,153.66 64,153.66 -- 64,153.66 10.27

TOTAL OTHER
TRANSACTIONS 64,153.66 149,268.25 0.00 149,268.25 10.27

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IMPORTANT DISCLOSURES
Chandler Asset Management, Inc. (“Chandler”) is an SEC registered investment adviser. For additional information about our firm, please see our current disclosures (Form ADV).

To obtain a copy of our current disclosures, you may contact your client service representative by calling the number on the front of this statement or you may visit our website at www.chandlerasset.com.

Information contained in this monthly statement is confidential and is provided for informational purposes only and should not be construed as specific investment or legal advice. The information contained herein was obtained from sources believed to be reliable as of the date of this statement, but may become outdated or superseded at any time without notice.

Custody: Your qualified custodian bank maintains control of all assets reflected in this statement and we urge you to compare this statement to the one you receive from your qualified custodian. Chandler does not have any authority to withdraw or deposit funds from/to the custodian account.

Valuation: Prices are provided by IDC, an independent pricing source. In the event IDC does not provide a price or if the price provided is not reflective of fair market value, Chandler will obtain pricing from an alternative approved third party pricing source in accordance with our written valuation policy and procedures. Our valuation procedures are also disclosed in Item 5 of our Form ADV Part 2A.

Performance: Performance results are presented gross-of-advisory fees and represent the client’s Total Return. The deduction of advisory fees lowers performance results. These results include the reinvestment of dividends and other earnings. Past performance may not be indicative of future results. Therefore, clients should not assume that future performance of any specific investment or investment strategy will be profitable or equal to past performance levels. All investment strategies have the potential for profit or loss. Economic factors, market conditions or changes in investment strategies, contributions or withdrawals may materially alter the performance and results of your portfolio.

Source ice Data Indices, LLC (“ICE”), used with permission. ICE PERMITS USE OF THE ICE INDICES AND RELATED DATA ON AN “AS IS” BASIS; ICE, ITS AFFILIATES AND

THEIR RESPECTIVE THIRD PARTY SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS AND/OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, INCLUDING THE INDICES, INDEX DATA AND ANY DATA INCLUDED IN, RELATED TO, OR DERIVED THEREFROM.

NEITHER ICE DATA, ITS AFFILIATES OR THEIR RESPECTIVE THIRD PARTY PROVIDERS GUARANTEE THE QUALITY , ADEQUACY , ACCURACY , TIMELINESS OR COMPLETENESS OF THE INDICES OR THE INDEX DATA OR ANY COMPONENT THEREOF, AND THE INDICES AND INDEX DATA AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND LICENSEE’S USE IS AT LICENSEE’S OWN RISK. ICE DATA, ITS AFFILIATES AND THEIR RESPECTIVE THIRD PARTY DO NOT SPONSOR, ENDORSE, OR RECOMMEND CHANDLER, OR ANY OF ITS PRODUCTS OR SERVICES.

Index returns assume reinvestment of all distributions. Historical performance results for investment indexes generally do not reflect the deduction of transaction and/or custodial charges or the deduction of an investment management fee, the incurrence of which would have the effect of decreasing historical performance results. It is not possible to invest directly in an index.

Ratings: Ratings information have been provided by Moody’s, S&P and Fitch through data feeds we believe to be reliable as of the date of this statement, however we cannot guarantee its accuracy.

Security level ratings for U.S. Agency issued mortgage-backed securities (“MBS”) reflect the issuer rating because the securities themselves are not rated. The issuing U.S. Agency guarantees the full and timely payment of both principal and interest and carries a AA+/Aaa/AAA by S&P , Moody’s and Fitch respectively.

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AGENDA REPORT

Department: Community Development
Prepared by: Martin Reeder, AICP – Asst. Director of Community Development Meeting Date: Tuesday, May 7, 2024
Approved by: Benjamin A. Martinez, City Manager

SUBJECT:

Adoption of an Ordinance amending Section 9.07 (Food Caterers and Catering Equipment Rentals) of the National City Municipal Code.

RECOMMENDATION:

Adopt the Ordinance

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

City Council introduced the Ordinance at their meeting of April 16, 2024

EXPLANATION:

The City has regulations in the Municipal Code (NCMC) related to food sales from mobile food vending vehicles (e.g., food trucks, trailers, etc.) under NCMC 9.06 and from sidewalk vendors under NCMC 13.30. In addition to the above-referenced Municipal Code sections, food sales are also permitted as part of a temporary event (Temporary Use Permit), as regulated by Chapter 15.60 (Temporary Use Permits) and in relation to private catering operations in Chapter 9.07. All activities associated with the above Code sections are also required to abide by the regulations of the Department of Environmental Health and Quality (DEHQ). Since the COVID-19 pandemic, smaller businesses that do not have the capacity or capital to offer food sales have turned to outside food sales. In the case of establishing or niche businesses, mobile food vendors are not always an option due to location, lack of established clientele, or property size. Many have turned to more permanent non-kitchen based alternatives, such as parking lot-based vendors or similar (carts, tables, etc.).

However, sidewalk vendors are limited to street rights-of-way, and Title 18 typically requires that all uses be conducted in enclosed buildings.

Proposal
Staff is suggesting an amendment to Chapter 9.07 ( Food Caterers and Catering Equipment Rentals) to address food vending covered under the existing DEHQ permitting framework. The intent is to allow smaller service businesses such as bars or markets that do not have kitchens to offer limited food sales on the property. The City of San Diego has similar allowances, as does the City of Los Angeles, which has removed almost all barriers to outside food vending in recent years.

Analysis
DEHQ regulates three primary exterior food activities:
 Mobile Food Facilities (e.g., food trucks)
 Temporary Food Facilities (e.g., temporary community event)

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 Satellite Food Service Operations (e.g., restaurant, market ~ business with interior food preparation facilities)

The first two bulleted items are covered under existing Code sections for mobile food vending vehicles and Temporary Use Permits. Satellite Food Service Operations are for a restaurant or market to produce food in the business on site and serve it outside. There is also private event catering, which does not typically require anything from the City other than be associated with a permitted event and have a business license.

However, there is also Direct-sales catering, which means any catering where food is sold or served to individual consumers as members of the public (i.e., all catering other than private event catering). Direct-sales catering is only allowed at a permitted catering host facility that meets DEHQ requirements at the time the catered food is serv ed. A Catering host facility generally requires restroom facilities, sinks for cleaning dishes, adequate power, and potable water.

Direct-sales catering allows “limited food preparation”, which is defined as one or more of the following:

1. Heating, frying, baking, roasting, popping, shaving of ice, blending, steaming or boiling of hot dogs, or assembly of non-prepackaged food.

2. Dispensing and portioning of non-potentially hazardous food or dispensing and portioning for immediate service to a customer of food that has been temperature controlled until immediately prior to portioning or dispensing.

3. Holding, portioning, and dispensing of any foods that are prepared for satellite food service by the onsite permanent food facility or prepackaged by another approved source.

4. Holding, portioning, and dispensing of any foods that are prepared by a catering operation.

5. Slicing and chopping of non-potentially hazardous food or produce that has been washed at an approved facility or slicing and chopping of food on a heated cooking surface during the cooking process.

6. Cooking and seasoning to order.

7. Juicing or preparing beverages that are for immediate service, in response to an individual consumer order, which do not contain frozen milk products.

8. Hot and cold holding of food that has been prepared at an approved permanent food facility.

9. Reheating of food that has been previously prepared at an approved permanent food facility and held at temperatures required by this chapter.

Limited food preparation does not include any of the following:

1. Slicing and chopping potentially hazardous food, other than produce, unless it is on the heated cooking surface.

2. Thawing.

3. Cooling of cooked, potentially hazardous food.

4. Grinding raw ingredients or potentially hazardous food.

5. Washing of foods.

6. Cooking of potentially hazardous foods for later use.

7. Handling, manufacturing, freezing, processing, or packaging of milk, milk products, or products resembling milk products.

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Staff has provided a draft ordinance which amends Section 9.07 to define DEHQ requirements and defer to their permitting process. There is also a requirement for a City business license and to maintain access to required parking spaces, as these types of uses will typically occur within parking lots.

California Environmental Quality Act (CEQA)
The ordinance being proposed is considered exempt from CEQA because it is not a project as defined in Section 15378. If approved, there would be no construction occurring or an increase in vehicle trips; therefore, there would not be any potential to result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

Summary
Staff is suggesting amending the Municipal Code to allow smaller businesses with limited resources to expand their ability to serve their customers. If approved, this Ordinance will allow for outside food sales on a limited basis, subject to County health permit regulations. The amendment would also make National City consistent with other similar jurisdictions. Subsequent amendments to Title 18 (Zoning) will follow to add cross -references related to the am ended Chapter 9. 07, including a recommendation from the Planning Commission.

FINANCIAL STATEMENT:

Not Applicable

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Balanced Budget and Economic Development

ENVIRONMENTAL REVIEW:

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

PUBLIC NOTIFICATION:

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

ORDINANCE:

Second Reading and Adoption

EXHIBITS:

Exhibit A – Strikethrough/underline version
Exhibit B – Ordinance

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Chapter 9.07 FOOD CATERERS AND CATERING EQUIPMENT RENTALS

9.07.010 Definitions.

Whenever in this article, the following terms are used, they shall have the meanings respectively ascribed to them in this section:

A. "Caterer" means a business which prepares food for a catering function for events such as, but not limited to, picnics, weddings, banquets, parties, gatherings.

B. "Catering vehicle" means a vehicle upon which food, beverages and related service equipment are transported related to a catering function.

C. "Catering function" means any event where a caterer provides food for a person or persons at other than an existing health regulated establishment. A catering function shall not include those functions that are conducted by persons engaged or employed in youth organizations, churches, church societies, private clubs or other nonprofit associations of a religious, philanthropic, civic improvement, youth development, social, political, or educational nature which purchase food, food products, or beverages, for service without charge to their members or to the general public at fund-raising events, for consumption on or off the premises at which the food, food products, or beverages are served or sold, if the service or sale of such food, food products or beverages does not constitute a primary purpose or function of the club or association, and if no employee or member is assigned full-time to care for or operate equipment used in such an arrangement.

D. "Catering equipment rental establishment" means an establishment that provides food service utensils such as dishes, tableware, pots and pans to caterers or to the public but does not provide catering services.

E. "Department" means the San Diego Department of Environmental Health and Quality Services.

F. “Direct-sales catering” means any catering where food is sold or served to individual consumers as members of the public (i.e., all catering other than private event catering).

G. “Catering host facility” means a fixed facility established and regularly operated for purposes other than food service.

H. “Satellite Food Service" means a remotely located food service operation that is conducted on the same property as, in reasonable proximity to, and in conjunction with and by, a fully enclosed permanent food facility.

9.07.020 Application of legislation.

The provisions of Division I, Title 6, of the San Diego County Code of Regulatory Ordinances and the California Uniform Retail Food Facilities Law Code (CRFC)

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(CURFFL) relative to food handler training and the preparation and distribution of food are hereby made applicable to caterers and caterer operations.

9.07.030 Health permits and fees.

Persons operating as caterers and catering equipment rental establishments are considered to be operating a health regulated establishment and are subject to public health permit requirements as specified in the San Diego County Code of Regulatory Ordinances. Such persons shall pay the permit fees prescribed for restaurants in Section 9.04.170 of this code and shall be subject to penalties for delinquent fee payment as set forth in Section 65.104 and 65.105 of the San Diego County Code of Regulatory Ordinances.

9.07.040 Notification of catering events.

When requested by the deputy director of environmental health services Director of Environmental Health of San Diego County, caterers shall notify the department of the time, date and location of each catering function in a manner specified by the department.

9.07.050 Potentially hazardous foods.

All potentially hazardous foods as defined in Section 27531 113871 of the California Uniform Retail Food Facilities Law Code that are stored, held, transported or served by a caterer must be protected from contamination and kept at temperatures as required by the California Uniform Retail Food Facilities Law Code.

9.07.060 Toilet facilities.

Adequate toilet and handwashing facilities, as determined by the deputy director of environmental health services, must be reasonably available in the vicinity of any location where food is prepared or served.

9.07.070 Catering vehicles.

No person or company shall operate or cause to be operated a catering vehicle without complying with the following:

A. Such person or company shall have a valid health permit as required by Section 61.192104 of the San Diego County Code of Regulatory Ordinances.

B. Foods and food containers shall be carried in compartments with cleanable interior surfaces.

C. Vehicles shall be maintained in a clean condition.

9.07.080 Catering equipment rental establishment.

No person or company shall operate or cause to be operated, a catering equipment rental establishment without complying with the following:

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A. All food service equipment shall be stored in a building that meets the requirements of the California Uniform Retail Food Facilities Law Code.

B. All food service equipment such as dishes, glasses, tableware, pots and pans shall be cleaned and sanitized by methods prescribed in the California Uniform Retail Food Facilities Law Code.

9.07.090 Direct-sales catering.

No person or entity shall engage in direct-sales catering without complying with the following:

A. Direct-sales catering is only allowed at a permitted catering host facility that meets the requirements of section 61.306 of the San Diego County Code of Regulatory Ordinances at the time the catered food is served.

B. Direct-sales catering food service may only occur at a permitted catering host facility that meets the requirements of section 61.307 of the San Diego County Code of Regulatory Ordinances at the time the catered food is served.

C. All catering host facilities shall obtain appropriate permits as required by section 61.303 of the San Diego County Code of Regulatory Ordinances.

D. No required parking spaces or access to the same shall be blocked or impeded in any way by direct-sales catering activity.

E. A City business license shall be required for the entity engaged in direct-sales catering (separate from the licensed business premises).

F. No alcohol may be sold or served by any direct-sales caterer.

9.07.100 Satellite Food Service.

No person or entity shall conduct satellite food service operations without complying with the following:

A. All satellite food service operations shall obtain appropriate permits as required by the California Retail Food Code and the Director of Environmental Health of San Diego County.

B. No required parking spaces or access to the same shall be blocked or impeded in any way by direct-sales catering activity.

C. No alcohol may be sold or served by any satellite food service operations unless approved by a Conditional Use Permit.

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ORDINANCE NO. 2024 –

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AMENDING SECTION 9.07 (FOOD CATERERS AND CATERING EQUIPMENT RENTALS) OF THE NATIONAL CITY MUNICIPAL CODE.

WHEREAS, the City of National City (the “City”), pursuant to the police powers delegated to it by the California Constitution, has the authority to enact or amend laws which promote the public health, safety, and general welfare of its residents; and WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the amendment of the National City Municipal Code; and
WHEREAS, staff is suggesting an amendment to Chapter 9.07 to address food vending covered under the existing Department of Environmental Health and Quality (DEHQ) permitting framework with the intent to allow smaller service businesses such as bars and markets that do not have kitchens to offer limited food sales on the property; and WHEREAS, pursuant to a published 10 -day notice of the adoption of said ordinance, a public hearing was held by the City Council on April 16, 2024 , and at said public hearing, all persons interested were given the opportunity to appear and be heard before the City Council.

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

Section 1: The City Council of the City of National City hereby amends Section 9.07 (Food Caterers and Catering Equipment Rentals) to read as follows:

Chapter 9.07 FOOD CATERERS AND CATERING EQUIPMENT RENTALS

9.07.010 Definitions.

Whenever in this article, the following terms are used, they shall have the meanings respectively ascribed to them in this section:

A. "Caterer" means a business which prepares food for a catering function for events such as, but not limited to, picnics, weddings, banquets, parties, gatherings.

B. "Catering vehicle" means a vehicle upon which food, beverage s and related service equipment are transported related to a catering function.

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charge to their members or to the general public at fund -raising events, for consumption on or off the premises at which the food, food products, or beverages are served or sold, if the service or sale of such food, food products or beverages does not constitute a primary purpose or function of the club or association, and if no employee or member is assigned full-time to care for or operate equipment used in such an arrangement.

E. "Department" means the San Diego Department of Environmental Health and Quality.

F. “Direct-sales catering” means any catering where food is sold or served to individual consumers as members of the public (i.e., all catering other than private event catering).

G. “Catering host fac ility” means a fixed facility established and regularly operated for purposes other than food service.

9.07.020 Application of legislation.

The provisions of Division I, Title 6, of the San Diego County Code of Regulatory Ordinances and the California Retail Food Code (CRFC) relative to food handler training and the preparation and distribution of food are hereby made applicable to caterers an d caterer operations.

9.07.030 Health permits and fees.

9.07.040 Notification of catering events.

When requested by the Director of Environmental Health of San Diego County , caterers shall notify the department of the time, date and location of each catering function in a manner specified by the department.

9.07.050 Potentially hazardous foods.

All potentially hazardous foods as defined in Section 113871 of the California Retail Food Code that are stored, held, transported or served by a caterer must be protected from contamination and kept at temperatures as required by the California Retail Food Code.

9.07.060 Toilet facilities.

Adequate toilet and handwashing facilit ies, as determined by the deputy director of environmental health services, must be reasonably available in the vicinity of any location where food is prepared or served. 9.07.070 Catering vehicles.

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No person or company shall operate or cause to be operat ed a catering vehicle without complying with the following:

A. Such person or company shall have a valid health permit as required by Section 61.104 of the San Diego County Code of Regulatory Ordinances.

B. Foods and food containers shall be carried in compar tments with cleanable interior surfaces.

C. Vehicles shall be maintained in a clean condition.

9.07.080 Catering equipment rental establishment.

No person or company shall operate or cause to be operated, a catering equipment rental establishment without complying with the following:

A. All food service equipment shall be stored in a building that meets the requirements of the California Retail Food Code.

B. All food service equipment such as dishes, glasses , tableware, pots and pans shall be cleaned and sanitized by methods prescribed in the California Retail Food Code.

9.07.090 Direct-sales catering.

No person or entity shall engage in direct -sales catering without complying with the following:

C. All catering host facilities shall obtain appropriate permits as required by section 61.303 of the San Diego County Code of Regulatory Ordinances.

D. No required parking spaces or access to the same shall be blocked or impeded in any way by direct-sales catering activity.

E. A City business license shall be required for the entity engaged in direct -sales catering (separate from the licensed business premises).

F. No alcohol may be sold or served by any direct-sales caterer.

9.07.100 Satellite Food Service.

No person or entity shall conduct satellite food service operations without complying with the following:

A. All satellite food service operations shall obtain appropriate permits as required by the California Retail Food Code and the Director of Environmental Health of San Diego County.

B. No required parking spaces or access to the same shall be blocked or impeded in any way by direct-sales catering activity.

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C. No alcohol may be sold or served by any satellite food service operations unless approved by a Conditional Use Permit.

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, held on this 16th day of April, 2024.

PASSED and ADOPTED this 7th day of May, 2024.

__________________________
Ron Morrison, Mayor

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

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AGENDA REPORT

Department: Engineering
Prepared by: Ricardo Rodriguez, Assistant Engineer-Civil Meeting Date: Tuesday, May 7, 2024
Approved by: Benjamin A. Martinez, City Manager

SUBJECT:

Ordinance for Adoption – Discharge of Fats, O ils, and Grease (FOG) to the Municipal Sewer System.

RECOMMENDATION:

Adopt Ordinance, Entitled, “Ordinance of the City Council of the City of National City, California, Amending Section 14.06.190 – Industrial Wastes - Discharge Restr ictions - Permit Required When, and Adding Chapter 14.24 – Fats, Oils and Grease Discharge Control to Title 14 of the National City Municipal Code.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

The City of National City owns and operates the sanitary sewer system within city limits, which exists to collect and convey the waste collected from residential, commercial and industrial uses.

The City proposes to amend Section 14.06.190 – Industrial Wastes - Discharge Restrictions - Permit Required When, and add Chapter 14.24 – Fats, Oils and Grease Discharge Control to Title 14 of the National City Municipal Code . The purpose of this proposed ordinance is to establish further regulations and compliance requirements that will support the City’s FOG control program, which is an important factor in the operation of the sanitary sewer system.

The proposed amended and new language in the ordinance is expected to reduce the potential for sanitary sewer overflows (SSOs) and protect public health and the environment by minimizing public exposure to unsanitary conditions. By controlling the discharge of fats, oils, and grease to the wastewater collection system, excessive buildup in sewer lines can be lessene d, thereby increasing the system's operating efficiency and reducing the number of sewer line blockages and overflows.

As a sewer system operator, the City must implement FOG control as required by the State Water Resources Control Board (SWRCB) Water Quality Order No. 2022-0103-DWQ. This ordinance will enhance the City’s ability to implement and enforce the following required controls:

 Authority to inspect grease producing facilities, and provide enforcement to eliminate fats, oils, and grease from the sewer system.
 Implementation of source control measures for all sources of fats, oils, and grease reaching the sanitary sewer system.
 An implementation plan and schedule for a public education and outreach program that promotes proper disposal of FOG.

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 The legal authority to prohibit discharges to the system and identify measures to prevent spills and blockages.
 Requirements to install grease removal devices (such as traps or interceptors), design standards for the removal devices, maintenance requirements, best management practices requirements, recordkeeping and reporting requirements.

The attached Ordinance was introduced by first reading at the City Council Meeting held on April 16, 2024. No revisions were necessary based on direction provided by City Council.

FINANCIAL STATEMENT:

The revised ordinance will not increase the cost to the City as it already has had a FOG program in place for years, as required by state law. The approximate annual cost for the City to meet its obligation of oversight and compliance is typically less than $50,000 through a service contract with an expert consultant, however, that cost is partially recovered through a fee charged to the grease-producing facility owners. If there are violation issues, the responsible partie s are billed for additional costs incurred by the City.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Health, Environment, and Sustainability

ENVIRONMENTAL REVIEW:

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

PUBLIC NOTIFICATION:

The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act. A Public Notice of the proposed Ordinance was published in Star News on March 29, 2024

ORDINANCE:

Second Reading and Adoption

EXHIBIT:

Exhibit A - Ordinance

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ORDINANCE NO. 2024 -

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AMENDING SECTION 14.06.190 – INDUSTRIAL WASTES - DISCHARGE RESTRICTIONS - PERMIT REQUIRED WHEN AND ADDING CHAPTER 14.24 – FATS, OILS AND GREASE DISCHARGE CONTROL TO TITLE 14 OF THE NATIONAL CITY MUNICIPAL CODE.

WHEREAS, the City of National 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

WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the amendment of the National City Municipal Code; and

WHEREAS, the City of National City owns and operates the sanitary sewer system within city limits, which exists to collect and convey the waste collected from residential, commercial and industrial uses; and

WHEREAS, the City proposes to amend Section 14.06.190 – Industrial Wastes - Discharge Restrictions - Permit Required When, and add Chapter 14.24 – Fats, Oils and Grease Discharge Control to Title 14 of the National City Municipal Code; and

WHEREAS, the purpose of this proposed ordinance is to establish further regulations and compliance requirements that will support the City’s FOG control program, which is an important factor in the operation of the sanitary sewer system; and WHEREAS, the wastewater collection system’s operating efficiency can be increased by controlling the discharge of FOG to the system; and
WHEREAS, FOG control is required by the State Water Resources Control Board (SWRCB) Water Quality Order 2022-0103-DWQ; and
WHEREAS, this ordinance will provide the authority to inspect grease-producing facilities, and provide enforcement to eliminate fats, oils, and grease from the sewer system; and WHEREAS, this ordinance will allow for the implementation of source control measures for all sources of fats, oils, and grease reaching the sanitary sewer system; and WHEREAS, this ordinance will provide an implementation plan and schedule for a public education and outreach program that promotes the proper disposal of FOG; and WHEREAS, this ordinance will provide the legal authority to prohibit discharges to the system and identify measures to prevent spills and blockages; and WHEREAS, this ordinance will provide requirements to install grease removal devices (such as traps or interceptors), design standards for the removal devices, maintenance requirements, best management practice requirements, and recordkeeping and reporting requirements.

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

Section 1: The City Council of the City of National City hereby amends Section

14.06.190 of the National City Municipal Code to read as follows:

14.06.190 Industrial wastes—Discharge restrictions—Permit required when.

A. Chemical or industrial liquid wastes shall not be discharged into the public sewer system without obtaining an industrial waste permit and the approval of the San Diego Metropolitan Sewerage System to discharge such wastes into the public sewer. Wastes that are known to be detrimental to the public sewer system or detrimental to the functioning of the sewage treatment plant shall be treated and disposed of as found necessary and directed by the San Diego Metropolitan Sewerage System or other authority having jurisdiction.

B. Solid wastes resulting from the preparation of any food or drink prepared on premises where such foods or drinks are served or proposed to be served for consumption shall not discharge into the public sewer system in concentrations that may result in separation from effluent and adherence to sewer structures and appurtenances, accumulate and/or cause or contribute to blockages in the sewer system or at the sewer system lateral which connects the food service establishment to the sewer system . Premises where food or drink are served or proposed to be served for consumption are required to install, operate and maintain a grease control device of an approved type and adequate size in accordance with the current edition of the California Plumbing Code, see Chapter 15.20 .

C. Interceptors (including grease, oil and sand, etc.) shall be provided when, in the judgment of the director of building and safety or the public works director, they are necessary for the proper handling of liquid wastes c ontaining grease, flammable wastes, sandy solids, acid or alkaline substances or other ingredients harmful to the building drainage system, the public or private sewer or to public or private sewage disposal facilities in accordance to the FOG Ordinance, see Chapter 14.24.

Section 2: The City Council of the City of National City adds Chapter 14.24 of the National City Municipal Code to read as follows:

Chapter 14.24 – FATS, OILS AND GREASE DISCHARGE CONTROL Sections:

14.24.010 Title.

This chapter shall be known as "City of National City Fats, Oils and Grease Discharge Control Ordinance" and shall be so cited.

14.24.020 Purpose and intent.

The purpose of this ordinance is to provide for the protection and maximum beneficial public use of the City’s sewer system while preventing blockages of the sewer resulting from discharges of

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Fats, Oils, and Grease (“FOG”) to sewer facilities, and to spec ify appropriate FOG discharge requirements for food service establishments (“FSEs”).

14.24.030 Definitions.

For the purposes of this chapter, certain terms are defined as follows:

A. “Best management practices” means schedules of activities, prohibitions, pr actices, maintenance procedures, and other management practices to prevent or reduce the introduction of FOG to the sewer facilities.

B. “Discharger” means any person who discharges or causes a discharge of wastewater directly or indirectly into a public sewer.

C. ”Fats, oils, and grease” (FOG) means any substance such as a vegetable or animal product that is used in, or is a by-product of, the cooking or food preparation process, and that turns or may turn viscous or solidify with a change in temperature or other conditions.

D. “FOG control program” means the FOG control program required by and developed pursuant to State Water Resources Control Board Order No. 2022-0103.

E. “Food grinder” means any device installed in the plumbing or sewage system for the purpose of grinding food waste or food preparation by -products prior to discharge in the sewer system.

F. “Food service establishment” (FSE) means establishments of any size operating in a permanently constructed structure, such as a room, building, or place, or portion thereof, maintained, used, or operated for the purpose of preparing, serving, manufacturing, packaging, or otherwise handling food, or for consumption by the public, its members, or employees, and which has any process or device that uses or produces FOG. A limited food preparation establishment is not considered a FSE when engaged only in reheating, hot holding, or assembly of ready to eat food products without soiling non -disposable cookware, serving ware, dishes, or utensils, and as a result, there is n o wastewater discharge containing a significant amount of FOG. A limited food preparation establishment does not include any operation that changes the form, flavor, or consistency of food.

G. “Grease” means any material which is extractable from an acidified sample of a waste by hexane or other designated solvent and as determined by the appropriate procedure in standard methods. “Grease” includes fats and oils.

H. “Grease control device” means any grease interceptor, grease trap or other mechanism, device, or process, which attaches to, or is applied to, wastewater plumbing fixtures and lines, the purpose of which is to trap, collect, or treat FOG prior to it being discharged into the sewer system. “Grease control device” may also include any other proven method to reduce FOG subject to the approval of the City.

I. “Grease interceptor” means a multi -compartment device that is constructed in different sizes and, according to the current edition of the California Plumbing Code, is generally required to be located underground between a FSE and the connection to the City’s sewer system. These devices primarily use gravity to separate FOG from the wastewater as it moves from one compartment to the next. These devices must be cleaned, maintained, and have the FOG removed and disposed of in a proper manner on regular intervals to be effective.

J. “Grease trap” means a grease control device that is used to serve individual or multiple fixtures and have limited effect and should only be used in those cases where the use of a grea se interceptor or other grease control device is determined to be impossible or impracticable.

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K. “Hot spots” means areas in sewer lines that have experienced sanitary sewer overflows or that must be cleaned or maintained frequently to avoid blockages of the sewer system.

L. “Private Lateral Sewage Discharge” (PLSD)” means sewage discharges that are caused by blockages or other problems within privately owned laterals or collection systems which are tributary to the sanitary sewer system. This type of sewage dis charge is the responsibility of the private lateral or collection system owner.

M. “Remodeling” means a physical change or operational change causing increased FOG generation that exceeds the current amount of FOG discharge to the sewer system by the FSE in a n amount that alone or collectively causes or creates a potential for SSOs to occur; or any remodeling of a food service establishment that requires a building permit.

1. “Sanitary sewer overflow” (SSO) means and includes any overflow, spill, release, discharge or diversion of untreated or partially treated wastewater from a sanitary sewer system. SSOs include: Overflows or releases of untreated or partially treated wastewater that reach waters of the United States;

2. Overflows or releases of untreated or partia lly treated wastewater that do not reach waters of the United States; and

3. Wastewater backups into buildings and on private property that are caused by blockages or flow conditions within the publicly owned portion of a sanitary sewer system.

N. “Sewage” means the waterborne wastes derived from ordinary human living processes and of such character as to permit satisfactory disposal, without special treatment, into the public sewer, a private sewer, or by means of household septic tank systems and individual household aerobic units.

O. Sewer, Public. See definition in Chapter 14.06.010 of the municipal code.

P. “Wastewater” means any liquid waste of any kind, whether treated or not, and whether animal, mineral or vegetable including sewage, agricultural, industrial and thermal wastes, which are discharged into or permitted to enter a public sewer.

14.24.040 FOG discharge requirement.

No food service establishment (FSE) shall discharge or cause to be discharged into the sewer system any FOG in concentrations that may result in separation from effluent and adherence to sewer structures and appurtenances, accumulate, and/or cause or contribute to blockages in the sewer system or at the sewer system lateral which connects the FSE to the sewer system. The following requirements shall apply to all FSEs:

A. Grease control device. FSEs are required to install, operate and maintain a grease control device of an approved type and adequate size in accordance with the current edition of the California Plumbing Code, see Chapter 15.2 0.005 -2022 CPC, (adopted Ordinance No. 2023 -2513, §§ 3, 2 -21-2023) to maintain compliance with the objectives of this chapter, subject to the variance and waiver provisions of Section 14.24.060. The grease control device shall be adequate to separate and remove FOG contained in wastewater discharges from FSEs prior to discharge to the sewer system. Fixtures, equipment, and drain lines located in the food preparation and clean up areas of FSEs that are sources of FOG discharges shall be connected to the gre ase control device. The grease control device shall be installed at a location approved by the County of San Diego or at the discretion of the City Engineer, where it shall be at all times easily accessible for

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inspection, cleaning, and removal of accumula ted grease. Compliance shall be established as follows:
a. Newly constructed FSEs, and FSEs that open a new business within an existing building, shall install grease control devices prior to commencing discharges of wastewater to the sewer system. This incl udes FSEs that are remodeling the site as well as those that are not remodeling the site.
b. Existing FSEs shall be required to install and operate a grease control device within 6 months of notification by the City, or at the discretion of the City Engineer, if in the determination of the FOG program manager any of the following apply:
i. The existing FSE has caused or contributed to the buildup of FOG, or a FOG- related blockage, in the sewer system including private laterals, and has reasonable potential to adversely impact the sewer system. ii. The existing FSE has a sewer lateral connected to a hot spot, and has reasonable potential to adversely impact the sewer system. iii. The existing FSE has made any change in food preparation or business operations that is differe nt than the original business application and those changes will lead to an increase in grease disposal which have reasonable potential to adversely impact the sewer system.
iv. The existing FSE undergoes remodeling, as defined in Section 14.24.040.A.a. v. The existing FSE undergoes a change in ownership.
vi. The existing FSE has reasonable potential to adversely impact the sewer system.

B. Private lateral maintenance. All FSEs are required to clean the sewer lateral from the facility to the sewer main at least annually, or more often as needed to ensure proper flow within the sewer lateral.

C. Maintenance Records. A record of sewer lateral cleaning must be maintained and kept on file for review at the food service facility. FSEs with a grease control device shall keep records of cleaning, maintenance and grease removal. All such records must be retained on site by the facility for a minimum of two years. A separate maintenance log shall be maintained for each grease control device.

D. Inspection. Each FSE shall allow authorized City officials or enforcement officers, or an authorized representative , access to the premises during normal business hours and at reasonable times, for purposes of sampling, inspections and review of records relating to grease disposal.
a. When offered by the City, inspections may be completed through a self -verification process. Failure to respond to a self -verification request or provide the necessary documentation will result in an onsite inspection by authorized City officials or enforcement officers, or an authorized representative .

14.24.050 FOG prohibitions.

The following prohibitions shall apply to all FSEs:

A. Installation of food grinders in the plumbing system of new construction or remodeling of FSEs shall be prohibited.

B. Introduction of any additives into a FSE’s wastewater system for the purpose of emulsifying FOG or biologically/chemically treating FOG for grease remediation or as a supplement to grease control device maintenance is prohibited, unless a specific written authorization from the City of National City and the City of San Diego is obtained.

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C. Disposal of waste cooking oil into drainage pipes is prohibited. All waste cooking oils shall be collected and stored properly in receptacles such as barrels or drums for r ecycling or other acceptable methods of disposal.

D. Discharge of wastewater from dishwashers to any grease control device is prohibited.

E. Discharge of wastewater with temperatures in excess of 140 degrees Fahrenheit to any grease control device, including grease traps and grease interceptors, is prohibited.

F. Discharge of any waste, including FOG and solid materials removed from the grease control device to the sewer system, is prohibited.

14.24.060 Variance and waiver of grease control device requirement.

A. Variance from Grease Interceptor Requirements. An existing FSE may obtain a variance from the grease interceptor requirement to allow alternative pretreatment technology that is, at least, equally effective in controlling the FOG discharge in lieu of a grease interceptor, if the FSE demonstrates that it is impossible or impracticable to install, operate or maintain a grease interceptor. The City’s determination to grant a variance will be based upon, but not limited to, evaluation of the following conditions:
a. There is no adequate space for installation and/or maintenance of a grease interceptor.
b. There is no adequate slope for gravity flow between the kitchen plumbing fixtures and the grease interceptor and/or between the grease interceptor and the private collection lines or the public sewer.
c. The FSE can justify that the alternative pretreatment technology is equivalent or better than a grease interceptor in controlling its FOG discharge. In addition, the FSE must be able to demonstrate, after installation of the proposed alternative pretreatment, its effectiveness to control FOG discharge through downstream visual monitoring of the sewer system, for at least three months, at its own expense. A variance may be granted if the results show no visible accumulat ion of FOG in its lateral and/or tributary downstream sewer lines.

B. Conditional Waiver from Installation of Grease Interceptor. An existing FSE may obtain a conditional waiver from installation of a grease interceptor, if the FSE demonstrates that it has negligible FOG discharge and insignificant impact to the sewer system. Although a waiver from installation of a grease interceptor may be granted, the FSE may be required to provide space and plumbing segregation for future installation of a grease intercept or.

The City’s determination to grant or revoke a conditional waiver shall be based upon, but not limited to, evaluation of the following conditions:
a. Quantity of FOG discharge as measure or as indicated by the size of FSE based on seating capacity, number of meals served, menu, water usage, amount of on -site consumption of prepared food, and other conditions that may reasonably be shown to contribute to FOG discharges.
b. Adequacy of implementation of best management practices and compliance history. c. Sewer size, grade, condition based on visual information, FOG disposition in the sewer by the FSE, and history of maintenance and sewer spills in the receiving sewer system.
d. Changes in operations that significantly affect FOG discharge. e. Any other condition deemed reasonably related to the generation of FOG discharges by the City.

C. Waiver from Grease Interceptor Installation with a Grease Disposal Mitigation Fee. For FSEs where the installation of a grease interceptor is not feasible and no equivalent alternative pretreatment can be installed, a waiver from the grease interceptor requirement

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may be granted with the imposition of a grease disposal mitigation fee. Additional requirements may be imposed to mitigate the discharge of FOG into the sewer system.

D. Any FSE may request a conditional waiver or variance from the FOG program manager, in order to avoid compliance with the grease control device installation requirement. The FSE bears the burden of demonstrating, to the program manager’s satisfaction, that the installation of a grease control device is either not feasible or not applicable. If a grease control device is determined to not be feasible, the applicant must demonstrate how acceptable alternatives will be sufficient to prevent FOG discharges to the sewer sys tem from the FSE. If a grease control device is not necessary, the applicant must demonstrate that it has negligible FOG discharge and insignificant impact to the sewer system. The FSE will be given notice in writing that a conditional waiver or variance from the grease control device requirement has been approved.

E. Terms and Conditions. The program manager may impose terms and conditions on the issuance of a waiver and may impose conditions on the FSE’s business license in accordance with an approved waiver. A conditional waiver may be suspended or revoked at any time when any of the terms and conditions for its issuance is not satisfied or if the conditions upon which the conditional waiver was based change so that the justification for the exception no longer exists. The conditional waiver shall be valid only so long as the FSE remains in compliance with all requirements.

14.24.070 Commercial properties.

Property owners of commercial properties or their official designee(s) shall be responsible for the installation and maintenance of the grease control device serving multiple FSEs that are located on a single parcel.

Property owners of commercial properties or their official designee(s) shall be responsible for the maintenance of the sewer lateral serving multiple FSEs that are located on a single parcel.

14.24.080 Sewer System Overflows, Abatement Orders and Cleanup Costs.

Private sewer lateral failures and SSOs caused by FSEs, alone or collectively, are the responsibility of the private property owner and FSE. If, either at the request of a FSE or to abate an immediate threat to the public health, safety, welfare, or property, the City acts to contain and/or clean up an SSO or the blockage of a sewer lateral or the sewer system caused by a FSE, the City’s costs for such abatement shall be entirely borne by the property owner of the FSE, or the discharger, and shall constitute a debt to the City and become due and payable upon the City’s request for reimbursement of such costs.

Any person who discharges a ny waste and/or wastewater which causes or contributes to any sewer blockage, SSO, obstruction, interference, damage, or any other impairment to the City's sewer facilities or to the operation of those facilities shall be liable for all costs incurred to c lean or repair the facilities together with expenses incurred by the City to resume normal operations.

Any person who discharges waste and/or wastewater to the sewer system which causes or contributes to the City violating discharge requirements established by any Regulatory Agency shall be liable for any costs or expenses incurred by the City as a result, including but not limited to regulatory fines, penalties, and assessments made by other agencies or a court.

14.24.090 Requirements for best management practices.

All FSEs shall implement best management practices in accordance with the requirements and guidelines established by the City under its Sewer System Management Plan (SSMP).

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14.24.100 Grease control device maintenance requirements.

All FSEs shall implement grease control device maintenance in accordance with the requirements and guidelines established by the City under its Sewer System Management Plan (SSMP).

14.24.110 Enforcement.

A. The City Engineer, who is assigned to duties that include the enforcement of FOG Discharge Control regulations and laws, is responsible for enforcing the provisions of this chapter.

B. The City Engineer shall have responsibility for enforcing all provisions of this chapter.

Violation of any provision of this ordinance shall constitute grounds for issuing a Notice of Violation and assessing a fine by a City’s Enforcement Official or representative.

Enforcement Actions under this ordinance are the issuance of an administrative citation and assessment of a fine acco rding to Section 1.20.010. However, nothing herein provided shall prevent the City Engineer from efforts to obtain voluntary compliance by way of warning, a notice of violation or educational means.

Section 3: 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 4: That 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 the 16th day of April, 2024.

PASSED and ADOPTED this 7th day of May, 2024.

Ron Morrison, Mayor
ATTEST:

Shelley Chapel, MMC, City Clerk

APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

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AGENDA REPORT

Department: Community Development
Prepared by: David McEachern, Housing Programs Specialist II Meeting Date: Tuesday, May 7, 2024
Approved by: Benjamin A. Martinez, City Manager

SUBJECT:

Public Hearing No. 2 of 2 and Adoption of HUD 2024-2025 Action Plan and Allocation of Funds to CDBG and HOME Activities.

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) 2024 -2025 Annual Action Plan and Approving the Allocation of 2024 -2025 HUD Entitlement Grant Funds and Program Income to Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program Activities Proposed in the 2024-2025 Annual Action Plan.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

Overview | The U.S. Department of Housing and Urban Development (HUD) provides annual grants on a formula basis to entitlement cities and counties, including the City of National City for its Community Planning and Development Programs (CPD). The City of National Cit y (City) receives Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program funds on an annual basis. The primary statutory objectives of the CDBG Program are to develop viable urban communities by providing decent housing, a suitable living environment, and by expanding economic opportunities, principally for low and moderate-income persons. The intent of the HOME Program is to expand the supply of decent, safe, sanitary, and affordable housing.

The 2020-2024 Consolidated Plan is the framework for the HUD CDBG and HOME entitlement programs. The Consolidated Plan outlines the City's housing and non -housing community development needs and priorities over five years. An overview of the Consolidated Plan's goals and priorities is attached to this staff report (Exhibit B). In addition, the entire Consolidated Plan and program information can be found at www.nationalcityca.gov/cdbg-home.

Funding Availability | For fiscal yea r (FY) 2024 -2025, HUD program year 2024, the City estimates receiving $700,000 in CDBG entitlement funds. Of that amount, a maximum of 20% of the CDBG allocation is reserved for program administration and mandatory fair housing requirements.

HOME entitlement funds are estimated at $400,000 for FY 2024-2025. Of that amount, 10% of is reserved for administration. The remaining amount will be set aside for an affordable housing activity.

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In addition to the entitlement funds discussed above, $ 124,315 in HOME funds from program income will be reallocated to HOME activities (Exhibit “A”).

Notice of Funding | Interested parties were notified of the 2024-2025 Action Plan development process through a Notice of Funding Availability (NOFA) made available on Januar y 22, 2024.

The NOFA was sent via email and posted on the Housing Authority website.

Public Hearing No. 1 | At the first public hearing held on March 19, 2024 the City Council accepted project and program funding recommendations for the CDBG and HOME entitlement grant funds. CSA San Diego County was accepted as the City’s fair housing provider to be funded out of the mandatory 20% CDBG administrative allocation. The remainder of CDBG entitlement funds, available for non-public service programs, was recommended for a Section 108 loan in the upcoming year to supplement the funding of a public facility or infrastructure project through the National City Engineering Department. The funding of public facility or infrastructure project would meet the CDBG nat ional objective by providing community benefit to low -income residents .

Utilization of a Section 108 Loan is encouraged by HUD and would help the City meet strict expenditure deadlines enforced by HUD on an annual basis . The Section 108 Loan is available to CDBG grantees at a maximum value of five times their most recent entitlement amount, which currently would allow for approximately $3,500,000 for the City of National City. The City would use a portion of its yearly CDBG entitlement to fulfill the Section 108 Loan yearly debt service payments. Notably, the City paid off its previous Section 108 loan for Fire Station 34 in FY 2023- 2024.

The remaining HOME funds that are not allocated to CHDO or program administration will be set aside for future affordable housing activity.

Annual Action Plan Approval | This is the second and final Public Hearing and was preceded by a 30-day public review period (April 5 through May 6, 2024 ) of the draft 2024 -2025 Annual Action Plan. During this review period, interested persons and community groups were provided the opportunity to share their thoughts regarding the Plan and the CDBG and HOME Program activities proposed. After all public comments have been considered at the second Public Hearing on May 7, 2024, the City Council will adopt the 2024-2025 Action Plan and proposed CDBG and HOME Program funding recommendations for submittal to HUD by May 15, 2024.

HUD Review | Upon receipt of the 2024-2025 Action Plan, HUD has 45 days to review and accept the Plan (reference Exhibit “B” for the timeline). The Plan specifically details the City’s utilization of its CDBG and HOME program funds.

FINANCIAL STATEMENT:

The City anticipates receiving an estimated $700,000 in CDBG and $400,000 in HOME Program funds for FY 2024-2025. In addition, the City will reprogram to FY 2024-2025 $124,315 in HOME program income received. As of April 16, 2024, HUD has not released the FY 2024 -2025 entitlement approp riations. When the final appropriations are made by HUD, staff will make necessary adjustments to the CDBG and HOME activity allocations by following the method described in Exhibit “A.” Pending the May 7, 2024 , City Council approval of the Annual Action Plan and Resolution, the City Manager will approve adjustments made to CDBG and HOME activity allocations. Staff will ratify the final entitlement appropriations at the next available meeting after HUD’s final entitlement appropriations are received by City staff.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Housing and Community Development

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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. Published in The Star-News, on the City Website and Posted on Bulletin Boards at City Hall.

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A - Activity Funding
Exhibit B - Explanation
Exhibit C - Public Notice
Exhibit D - Resolution

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700,000.00$ 400,000.00$
-$ 124,315.11$
700,000.00$ 524,315.11$
Planning and Administration
Applicant Name
National City Housing Authority HOME Program Administration HOME TOTAL:

Program Name Proposed Amount
52,431.51$
524,315.11$
When HUD releases the final CDBG and HOME entitlement award, if there is an increase or decrease from the estimated award amounts, CDBG Program Administration, HOME Program Administration, and HOME Set-Aside activity funding will be increased or decreased proportionally.

The City Manager will review and accept the final funding commutments as directed by the City Council.

The numbers above are estimated entitlement awards for CDBG and HOME. U.S. Department of Housing and Urban Development (HUD) has not released funding allocations for program year 2024-2025. Staff has proposed program funding recommendations for consideration by City Council. Funding commitments to any activity will depend on the ability to fund the activity with the actual award made to the City by HUD.

Program Name
560,000.00$
Proposed Amount
100,000.00$
40,000.00$
700,000.00$
Section 108 Payment Set Aside- New Loan
Applicant Name
Applicant Name

ESTIMATED
Community Development Block Grant (CDBG) and
HOME Investment Partnership (HOME) Annual Action Plan
Funding for HUD Program Year 2024
City Fiscal Year 2024-2025
Community Development Block Grant (CDBG) Program
Applicant Name
CSA San Diego County
HOME Entitlement (estimated):

HOME Program Income:

Total HOME funds available:

CDBG Entitlement (estimated):

CDBG Program Income:

National City Housing Authority CDBG Program Administration CDBG TOTAL:

Total CDBG funds available:

Fair Housing & Tenant Landlord Services
Affordable Housing Activities Set-Aside
HOME Investments Partnership(HOME) Program
Project Funds
National City Housing Authority
Proposed Amount
471,883.60$
Program Name
Planning and Administration
National City Engineering Department
Non-Public Service Funds
Proposed AmountProgram Name

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Exhibit B

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA ADOPTING THE U.S DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) 2024-2025 ANNUAL ACTION PLAN AND APPROVING THE ALLOCATION OF 2024 -2025

HUD ENTITLEMENT GRANT FUNDS AND PROGRAM INCOME TO COMMUNITY

DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM ACTIVITIES PROPOSED IN THE 2024-2025 ANNUAL ACTION PLAN.

Supplemental Explanation
Public Noticing | Public participation is an essential part of the development of the Annual Action Plan. All noticing for this process which sets forth the City’s policies and procedures for public participation is described in the Citizen and Community Participation Plan per City Council Resolution 2020-84 and can be found at www.nationalcityca.gov/cdbg-home.

Public Notices in English, Spanish, and Tagalog are provided in Exhibit “C.” Consolidated Plan Goals:

The 2020-2024 Consolidated Plan is the framework for the U.S. Department of Housing and Urban Development’s (HUD) Community Development Block G rant (CDBG) and HOME Investment Partnerships (HOME) Program entitlement programs. The Plan outlines the City's housing and non - housing community development needs and priorities over five years. The entire Consolidated Plan and program information can be found at www.nationalcityca.gov/cdbg-home.

1. Goal: Provide Decent and Affordable Housing
 Priority: Conserve and Improve Existing Affordable Housing o Assistance to aid in the rehabilitation of single-family and multi-family housing units. o Acquisition, with or without rehabilitation, of multi-family projects. o Conservation of affordable housing at risk of converting to market-rate housing.  Priority: Provide Homeownership Assistance
o Assistance to low-moderate income households to achieve homeownership o Assistance to developers for the acquisition and re-sale of housing units to low- moderate income homebuyers.
 Priority: Assist in the Development of Affordable Housing o Assistance to developers in the development of affordable housing, including acquisition, land assemblage, construction, conversion, purchase of affordability covenants, or other mechanisms.

2. Goal: Provide Community Facilities and Infrastructure  Priority: Provide for Community Facilities and Infrastructure o Provide for new and improve existing community facilities and infrastructure. These may include, but are not limited to: parks and recreation facilities; fire equipment; facilities prioritized on the City’s ADA Transition Plan; community facilities; and public streets, sidewalks, curbs, and rights-of-way.
o Repayment of Fire Station 34 Section 108 loan. Assess the need for and (when determined to be warranted) pursue section 108 loans for large-scale public improvement and revitalization projects.

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Exhibit B

3. Goal: Provide Community and Supportive Services
 Priority: Provide Community and Supportive Services
o Provide for a variety of community and supportive services, with special emphasis on crime awareness and prevention programs such as code enforcement, services for the homeless, seniors, at-risk youth, the disabled, and other persons with special needs.

4. Goal: Support Initiatives that Reduce Homelessness
 Priority: Support Initiatives that Reduce Homelessness o Tenant-based rental assistance that targets families that are homeless or housing insecure, and families experiencing domestic violence.
o Participate in the San Diego County Regional Task Force on the Homeless (RTFH) and South Bay Homeless Alliance to assess needs and coordinate efforts to address needs.

5. Goal: Promote Equal Housing Opportunity
 Priority: Promote Equal Housing Opportunity
o Promote fair housing services provided by the City’s fair housing services provider. o Comply with fair housing planning requirements (as identified in the Analysis of Impediments to Fair Housing Choice).

6. Goal: Planning and Administration
 Priority: Planning and Administration
o Invest in the planning and administration of the CDBG and HOME programs.

This space was left intentionally blank

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Exhibit B

CDBG/HOME PROGRAMS ANNUAL ACTION PLAN TIMELINE
Date Action
January 22
CDBG/HOME Notice of funding available to
city departments and grant funding
applications available for distribution.

January – March Drafting of the 2024-2025 Action Plan
February 8 Application submission deadline for
CDBG/HOME FY 2024-2025 funding
February - March Application Review Period
March 8 – March 18
10-day Notice of Public Review Period and
Notice of Public Hearing for the Draft
2024-2025 Action Plan
March 19
Public Hearing No.1 on the 2024-2025 Action
Plan and applicant funding recommendations
to the City Council
April 5 – May 6
30-day Notice of Public Review Period and
Notice of Public Hearing for the Draft 2024-
2025 Action Plan
May 7 Public Hearing No.2 (Final) to approve the
Draft 2024-2025 Action Plan
May 15 Submission of the FY 2024-2025 Action Plan
to HUD
May Application Award Notification
June – July
Begin contract negotiations with selected
CDBG/HOME subrecipients and initiative
environmental reviews
July 1 Beginning of Program Year
All dates listed herein are tentative and are subject to change. Therefore, persons relying on this Schedule must contact the National City Housing Authority by email at [email protected] to confirm dates for each event listed above.

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PUBLIC NOTICE | CITY OF NATIONAL CITY
30 DAY PUBLIC REVIEW PERIOD AND FINAL PUBLIC HEARING FOR THE DRAFT FISCAL YEAR 2024-2025 ANNUAL ACTION PLAN
In accordance with the federal regulations at 24 CFR, Part 91, the City of National City (City) is required to prepare and submit an Annual Action Plan for its Housing and Community Development Entitlement Programs funded by the U.S. Department of Housing and Urban Development (HUD). The 20 20-2024 Consolidated Plan outlines the City's housing and non-housing community development needs and priorities over five years. The Annual Action Plan (Action Plan), 2024-2025, outlines how the City intends to spend an estimated $7 00,000 in federal Community Development Block Grant (CDBG) and $400,000 in federal HOME Investment Partnerships (HOME) Program entitlement funds. In addition to the funding sources noted above, the City anticipates allocating $124,315 in program income earned from the previous year's HOME activities to fund activities listed under the proposed Action Plan.

Notice is hereby given that the City Council of the City of National City will hold the second and final Public Hearing on Tuesday, May 7, 2024, at 6:00 p.m at City Hall located at 1243 National City Boulevard in National City and online www.nationalcityca.gov/webcast. The purpose of the Public Hearing is to review public comments received during a 30-day public review period (April 5 through May 6, 2024) of the 2024-2025 draft Action Plan; and
to provide interested persons and community groups with one last opportunity to share their thoughts redard
ing the Action Plan and the CDBG and HOME Program activities being proposed . Public participation is an essential part of the development of the Action Plan. Interested persons and community groups are invited to provide public comment (details
below) and review the draft Action Plan on the City’s website www.nationalcityca.gov/cdbg-home. A hardcopy of the Plan is available at the National City Housing Authority (140 E. 12th Street, National City). Public comment may be submitted prior to the meeting in writing by email at [email protected]; please provide the agenda item number or title of the item in the subject line of the email. Email comments received at least 4 hours prior to the City Council Meeting will allow time for distribution to the City Council.

After all public comments have been considered at the Public Hearing on May 7, 2024, the City Council will adopt the 2024-2025 Action Plan and proposed CDBG and HOME Program funding recommendations. The Action Plan will then be submitted to HUD for review and acceptance.

Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk’s Office (619) 336 -4228 at least 24 hours in advance of the meeting.

Hearing-impaired
persons, please use the CAL Relay Service Number 711. Spanish Interpretation Services: Spanish Interpretation Services are available, please contact the City Clerk prior to the start of the meeting for assistance.

Asistencia en Español: Para que le interpreten la información en español, llame al (619) 336-4284.

Carlos Aguirre, Director of Community Development
City of National City
April 5, 2024
Exhibit C

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AVISO PÚBLICO | CIUDAD DE NATIONAL CITY
PERÍODO DE REVISIÓN PÚBLICA DE 30 DÍAS Y AUDIENCIA PÚBLICA FINAL PARA EL PLAN DE ACCIÓN ANUAL PARA EL AÑO FISCAL 2024-2025
De acuerdo con las regulaciones federales en 24 CFR, Parte 91, la Ciudad de National City (Ciudad) debe preparar y presentar un Plan de Acción Anual para sus Programas de Vivienda y Desarrollo Comunitario financiados por el Departamento de Vivienda y Desa rrollo Urbano de los Estados Unidos (HUD). El Plan Consolidado 2020 -2024 describe las necesidades y prioridades de desarrollo comunitario de vivienda y no vivienda de la Ciudad durante cinco años. El Plan de Acción Anual (Plan de Acción ) para el Año Fiscal 2024-2025 describe cómo la Ciudad tiene la intención de gastar $700,000 federales en bloque de desarrollo comunitario (CDBG) y aproximadamente $400,000 en fondos federales del Programa home Investment Partnerships (HOME). Además de las fuentes de financiamiento mencionadas anteriormente, la Cuidad asignar $124,315 en los ingresos del programa obtenidos de las actividades HOME de años anteriores para financiar las actividades enumeradas en el Plan de Acción propuesto.

Por la presente se notifica que el Concejo Municipal de la Ciudad de National City llevará a cabo el segundo y final Audiencia Pública el martes 7 de ma yo de 202 4 a las 6:00 p. m. en el Ayuntamiento ubicado en 1243 National City Boulevard en National City y en línea www.nationalcityca.gov/webcast. El propósito de la Audiencia Pública es para revisar los comentarios públicos recibidos durante un período de revisión pública de 30 días (del 5 de abril al 6 de mayo de 2024) del borrador del Plan de Acción 202 4-2025; y brindar a las personas interesadas ya los grupos comunitarios una última oportunidad para compartir sus pensamientos sobre el Plan de Acción y las actividades propuestas por CDBG y el Programa HOME. La participación pública es una parte esencial del desarrollo del Plan de Acción. Las personas interesadas y los grupos comunitarios están invitados a proporcionar comentarios públicos (detalles a continuación) y revisar el borrador del Plan de Acción en el sitio web de la Ciudad www.nationalcityca.gov/cdbg-home. Una copia impresa del Plan está disponible en la Autoridad de Vivienda de National City (140 E. 12th Street, National City). Los comentarios públicos pueden enviarse antes de la reunión por escrito por correo electrónico a [email protected]; proporcione el número de tema de la agenda o el título del tema en la línea de asunto del correo ele ctrónico. Comentarios por correo electrónico recibidos al menos 4 horas antes de la reunión del Concejo Municipal darán tiempo para su distribución al Concejo Municipal.

Después de que todos los comentarios públicos hayan sido considerados en la Audiencia Pública del 7 de mayo de 2024, el Concejo Municipal adoptará el Plan de Acción 202 4-2025 y las recomendaciones de financiación propuestas por CDBG y el Programa HOME. Luego, el Plan de Acción se enviará a HUD para su revisión y aceptación.

Cualquier persona con una discapacidad que requiera una modificación o adaptación para participar en una reunión debe dirigir dicha solicitud a la Oficina del Secretario Municipal (619) 336 -4228 al menos 24 horas antes de la reunión. Las personas con problemas de audición deben usar el número de servicio de retransmisión de CAL 711. Servicios de interpretación en español: los servicios de interpretación en español están d isponibles, comuníquese con el secretario municipal antes del comienzo de la reunión para obtener ayuda. Asistencia en Español: Para que le interpreten la información en español, llame al (619) 336-4284.

Carlos Aguirre, Director of Community Development
Ciudad de National City
5 de abril, 2024
Exhibit C

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PAUNAWA SA PUBLIKO | LUNGSOD NG NATIONAL CITY
30 ARAW NA PANAHON NG PAMPUBLIKONG PAGSUSURI AT HULING PUBLIC HEARING PARA SA DRAFT FISCAL YEAR 2024-2025 TAUNANG ACTION PLAN
Alinsunod sa mga pederal na regulasyon sa 24 CFR, Part 91, ang Lungsod ng National City (Lungsod) ay inaatasan na maghanda at magsumite ng Taunang Action Plan para sa Housing and Community Development Entitlement Programs nito na pinondohan ng U.S. Department of Housing and Urban Development ( HUD). Ang 2020 -2024 Consolidated Plan ay nagbabalangkas sa pabahay at hindi pabahay na mga pangangailangan sa pagpapaunlad ng komunidad at mga priyoridad sa loob ng limang taon. Ang Taunang Ac tion Plan (Action Plan), 2024-2025, ay nagbabalangkas kung paano nilalayon ng Lungsod na gumastos ng tinatayang $700,000 sa pederal na Community Development Block Grant (CDBG) at $400,000 sa pederal na HOME Investment Partnerships (HOME) na mga pondo para sa karapatan sa Programa. Bilang karagdagan sa mga pinagmumulan ng pagpopondo na binanggit sa itaas, inaasahan ng Lungsod ang paglalaan ng $124,315 sa kita ng programa na kinita mula sa mga aktibidad sa HOME noong nakaraang taon upang pondohan ang mga aktibidad na nakalista sa ilalim ng iminungkahing Action Plan.

Ang abiso ay ibinibigay dito na ang Konseho ng Lungsod ng National City ay magsasagawa ng ikalawa at huling Public Hearing sa Martes, Mayo 7, 2024, sa ganap na 6:00 p.m. sa City Hall na matatagpuan sa 1243 National City Boulevard sa National City at online www.nationalcityca.gov/webcast. Ang layunin ng Public Hearing ay upang suriin ang mga pampublikong komento na natanggap sa loob ng 30-araw na panahon ng pampublikong pagsusuri (Abril 5 hanggang Mayo 7, 2024) ng draft na 202 4-2025 Action Plan; at upang bigyan ang mga interesadong tao at mga grupo ng komunidad ng huling pagkakataon na ibahagi ang kanilang mga saloob in tungkol sa Action Plan at mga aktibidad ng CDBG at HOME Program na iminumungkahi . Ang mga interesadong tao at grupo ng komunidad ay iniimbitahan na magbigay ng pampublikong komento (mga detalye sa ibaba) at suriin ang draft na Action Plan sa website ng Lungsod na www.nationalcityca.gov/cdbg-home. Ang hardcopy ng Action Plan ay makukuha sa National City Housing Authority (140 E. 12th Street, National City). Maaaring isumite ang pampublikong komento bago ang pagpupulong sa pamamagitan ng sulat sa pamamagitan ng email sa [email protected]; mangyaring ibigay ang numero ng item ng agenda o pamagat ng item sa linya ng paksa n g email. Ang lahat ng komento sa email na natanggap nang hindi bababa sa 4 oras bago ang Pagpupulong ng Konseho ng Lungsod ay magbibigay ng oras para sa pamamahagi sa Konseho ng Lungsod.

Matapos isaalang-alang ang lahat ng pampublikong komento sa Public Hearing sa Mayo 7, 2024, ang Konseho ng Lungsod ay magpapatibay sa 202 4-2025 Action Plan at mga iminungkahing rekomendasyon sa pagpopondo ng CDBG at HOME Program. Pagkatapos ay isusumite ang Action Plan sa HUD para sa pagsusuri at pagtanggap.

Ang sinumang taong may kapansanan na nangangailangan ng pagbabago o akomodasyon upang makasali sa isang pagpupulong ay dapat idirekta ang naturang kahilingan sa Opisina ng Klerk ng Lungsod (619) 336-4228 nang hindi bababa sa 24 na oras bago ang pagpupulong. Mga taong may kapansanan sa pandinig, mangyaring gamitin ang CAL Relay Service Number 711. Mga Serbisyo sa Interpretasyon ng Espanyol: Available ang mga Serbisyo sa Interpretasyon ng Espanyol , mangyaring makipag-ugnayan sa Klerk ng Lungsod bago magsimula ang pagpupulong para sa tulong.

Asistencia en Español: Para que le interpreten la información en español, llame al (619) 336-4284.

Carlos Aguirre, Director of Community Development
Lungsod ng National City, Abril 5, 2024
Exhibit C

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RESOLUTION NO. 2024 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA , ADOPTING THE U.S DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) 2024-2025 ANNUAL ACTION PLAN AND APPROVING THE ALLOCATION OF 202 4-2025

HUD ENTITLEMENT GRANT FUNDS AND PROGRAM INCOME TO COMMUNITY

DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM ACTIVITIES PROPOSED IN THE 2024-2025 ANNUAL ACTION PLAN.

WHEREAS, as an entitlement community, the City of National City ("City'') administers the Community Development Block Grant ("CDBG") and the Home Investment Partnerships Act ("HOME") Program for the Federal Government under the United States Department of Housing and Urban Development ("HUD"); and

WHEREAS, per the federal regulations at 24 CFR, Part 91, the City is required to prepare and submit an Annual Action Plan for Housing and Community Development Programs funded by CDBG and HOME; and

WHEREAS, HUD requires that all CDBG and HOME Program entitlement communities, such as the City of National City, hold at least two public hearings and a 30-day public comment period to solicit input on the 2024-2025 Annual Action Plan; and

WHEREAS, the City Council conducted a duly advertised Public Hearing on March 19, 2024, and May 7, 2024, to receive input from the public; and

WHEREAS, the 30-day comment period for the 2024-2025 Annual Action Plan occurred from April 5, 2024, to May 6, 2024; and

WHEREAS, the City will incorporate public comments received for the 2024-2025 Annual Action Plan; and

WHEREAS, HUD has not released entitlement appropriations to the City and staff has estimated the 2024-2025 HUD formula allocation to be $700,000 for CDBG and $400,000 for the HOME Program, which have been used to determine the Annual Action Plan activities to consider for funding identified in Exhibit A; and

WHEREAS, staff will make necessary adjustments to the CDBG and HOME activity allocations listed in the Annual Action Plan by following the method described in Exhibit A when final appropriations are provided by HUD; and

WHEREAS, the City Manager will be authorized to approve any adjustments made to CDBG and HOME activity allocations. Staff will return to ratify the final entitlement appropriations to activities funded to City Council at the next available City Council meeting after HUD’s final entitlement appropriations are received; and

WHEREAS, City staff has also identified and verified program income received from the HOME Program in the amount of $ 124,315.11 to supplement further the funding of activities in the 2024-2025 Annual Action Plan as listed in the attached Exhibit A.

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

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Section 1: The City Council authorizes the submission of the 2024 -2025 Annual Action Plan and the expenditure of the HUD CDBG and HOME estimated entitlement funds as set forth in Exhibit “A.”

Section 2: The City Council authorizes allocating $124,315.11 in HOME Program income to supplement the funding of activities specified in the 2024-2025 Annual Action Plan, as set forth in Exhibit “A.”

Section 3: The City Council authorizes the City Manager or his designee to execut e budget adjustments as necessary for the program funding to reflect the HOME and CDBG entitlement and funding allocations in the 2024-2025 Annual Action Plan.

Section 4: After HUD releases final CDBG and HOME entitlement appropriations, City Staff will request ratification of the activity allocations at the next available City Council meeting.

Section 5: The City Council authorizes the City Manager or his designee to execute the final submission of the 2024-2025 Annual Action Plan, modify and execute any and all appropriate instruments, certifications, agreements, contracts, and implementing documents related to the implementation and administration of the proposed 2024-2025 Annual Action Plan to fully implement the activities funded under said Plan, including subrecipient grant contracts and agreements, based on HUD’s appropriation to the City.

Section 6: The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolution.

PASSED and ADOPTED this 7th day of May, 2024.

Ron Morrison, Mayor
ATTEST:

Shelley Chapel, MMC, City Clerk

APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

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Exhibit “A”

700,000.00$ 400,000.00$
-$ 124,315.11$
700,000.00$ 524,315.11$
Planning and Administration
Applicant Name
National City Housing Authority HOME Program Administration HOME TOTAL:

The City Manager will review and accept the final funding commutments as directed by the City Council.

Funding commitments to any activity will depend on the ability to fund the activity with the actual award made to the City by HUD.

Program Name
560,000.00$
Proposed Amount
100,000.00$
40,000.00$
700,000.00$
Section 108 Payment Set Aside- New Loan
Applicant Name
Applicant Name

HOME Program Income:

Total HOME funds available:

CDBG Entitlement (estimated):

CDBG Program Income:

National City Housing Authority CDBG Program Administration CDBG TOTAL:

Total CDBG funds available:

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AGENDA REPORT

Department: Community Development
Prepared by: Martin Reeder, AICP – Asst. Director of Community Development Meeting Date: Tuesday, May 7, 2024
Approved by: Benjamin A. Martinez, City Manager

SUBJECT:

Zoning Map Amendment to Implement the Focused General Plan Update.

RECOMMENDATION:

Introduce the Ordinance by First Reading, Entitled, “An Ordinance of the City Council of the City of National City, California, Adopting an Amendment to the City of National C ity Zoning Map to Implement the Focused General Plan Update.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

On March 19, 2024, the City Council held a public hearing and adopted the Resolutions entitled:
1) “Resolution of the City Council of the City of National City, California, Certifying the Final Supplemental Program Environmental Impact Report (SPEIR) with the Selection of the Project, and Adopting Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program for the City of National City Focused General Plan Update.”

2) “Resolution of the City Council of the City of National City, California, Adopting the Focused General Plan Update and its Related Land Use Map Including Minor Text and Map Amendments, and Replacing t he 2011 Land Use, Transportation, and Safety Elements, and Climate Action Plan;” and

3) “Resolution of the City Council of the City of National City, California, Amending the Downtown Specific Plan;” and

4) “Resolution of the City Council of the City of National City, California, Approving the Update to the Bicycle Master Plan.”

On April 2, 2024, the City Council held a public hearing and adopted the Ordinances entitled:

1) “An Ordinance of the City of Council of the City of National City, California, Adopting the Westside Specific Plan Amendment and Amending the Zoning Text and Map of the Westside Specific Plan;” and

2) “An Ordinance of the City Council of the City of National City, California, Adopting Chapter

18.49 (Objective Design Standards) and Chapter 18.50 (Floor Area Ratio Bonus Regulations), Adopting Amendments to Chapter 18.29 (Overlay Zones) to Allow Residential Development on

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Certain Parcels Zone CL and CS, and Amending Chapter 18.10 (Understanding the Land Use Code), Chapter 18.12 (Permit s and Applications), Chapter 18.22 (Commercial Zones), Chapter

18.24 (Mixed -Use Corridor and District Zones), Chapter 18.30 (Specific Use Regulations), Chapter 18.48 (Residential Density Bonus and Affordable Housing Incentives), and Chapter 18.60 (Glossary) as well as other Amendments to Revise Title 18.”

On May 6, 2024, Planning Commission will be hearing the Zoning Map Amendment item at their meeting. A verbal summary of the conclusion of the item will be given to City Council at its hearing on May 7, 2024.

EXPLANATION:

BACKGROUND

The City’s General Plan serves as the guiding document for achieving the community’s vision for the future. Since the last update in 2011, new State legislation and other regional and local changes have taken effect. As result, in March 2020, National City initiated the FGPU to support housing-related goals, comply with changes in State legislation, update per City planning studies, and coordinate growth through a holistic process. To follow the adoption of the Housing Element on August 3, 2021, the Land Use Element, Transportation Element, Safety Element, Zoning Map, and Climate Action Plan have been updated. The Downtown Specific Plan, Westside Specific Plan, and Municipal Code have been updated for consistency, as well. Additionally, new Objective Design Standards Floor Area Ratio Bonus Regulations have been created to comply with State legislation and streamline the housing approval process. The Zoning Map has been updated to comply with the FGPU, the Westside Specific Plan update, and the Municipal Code update. One environmental document, a Supplemental Program Environmental Impact Report (SPEIR), was prepared to analyze these actions.

The goals, policies, and actions in the General Plan will guide development in National City through the horizon year 2050. These documents will supersede the current Land Use Element, Transportation Element, and Safety Element of the City of National City General Plan, which were last updated in 2011, and portions of the current Municipal Code, including the Zoning Map.

The City of National City has an adopted zoning program that supports implementation of the General Plan. The zoning and rezoning procedures are laid out in Chapter 18.20 of the Zoning Code. The zoning program for th e City is implemented by both the Zoning Code and the associated Zoning Map that identifies each piece of property in the City and its assigned zone. In accordance with Section 18.20.020, the Zoning Map is a zoning regulation within the context of and adopted pursuant to Title 18. Changes in the boundaries of the zones shall be made by ordinance adopting an amended Zoning Map.

One environmental document, a Supplemental Program Environmental Impact Report (SPEIR), was prepared to analyze the Focused General Plan Update (FGPU) and related documents. The SPEIR includes the adoption of the Land Use Element, Transportation Element, Safety Element, Zoning Map, Climate Action Plan, the Downtown Specific Plan, Westside Specific Plan, and Municipal Code amendments.

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Outreach Summary

The FGPU, which includes the Zoning Map update, is the product of approximately two (2) years of analysis and outreach. Due to the COVID-19 pandemic and consistent with official public health guidance, outreach activities were shifted from in-person events to virtual platforms. To address potential barriers to participation and maximize reach, a variety of media and activities were used to share information and gather input. These activities were outlined in the project’s Community Engagement Plan and on the project’s website (www.nationalcityca.gov/fgpu).

Mailers announcing the project and opportunities to get involved were sent to all registered addresses in National City in the summer of 2020 and spring of 2021 in both English and Spanish.

Since the project kickoff in March 2020, the project team has conducted a total of seven webinars to gather public input. Of these webinars, six were conducted in English with live Spanish interpretation and one was conducted primarily in Spanish. The combined total attendance over the course 7 of these webinars has been 159 participants (an average of approximately 22 participants per session). An interactive survey was prepared and circulated to the public using the MetroQuest platform; a total of 201 responses were collected. These activities were supplemented with telephone office hours staffed by English - and Spanish -speaking staff.

Meetings with stakeholders, including community organizations and developers, were also conducted.

Events and notices were marketed via the City’s email listserv, FGPU stakeholder list, and the City’s social media sites to share the dates and times of outreach events and opportunities to get involved. Additionally, an interactive map link was made available on the pr oject’s website from November 14, 2021, to June 30, 2022, to collect input through an on-going basis on the proposed land use changes, as well.

ZONING MAP UPDATE

As part of the FGPU, areas of the city are being proposed to be rezoned to help implement th e goals, policies, and objectives of the housing, land use, and mobility elements; the CAP; the INTRAConnect plan; the Transit Oriented Development Overlay plan; and House National City.

The six areas proposed for rezone include:
 18th Street Area: Proposed rezoning from RS -2 (9 DU/AC) to MXT (24 DU/AC) to be in alignment with neighboring properties along 18 th that are mixed -use. The MXT is a proposed new zone and is a lower density than the current lowest mixed-use zone, MXC- 1 which is 48 DU/AC. This lower density allows a transition to nearby lower-density zones.

The factors that promote the above goals and objectives are as follows: the area is on a transit corridor and other adjacent mobility options exist (bus line along E. 18th Street and class II bike lanes), it is within a Transit Priority Area, multifamily uses are present with similar proposed density in the area, it is close to schools and services, and the INTRAConnect Plan identifies this as a high -propensity area for a 10 -minute neighborhood.
o Rezone to Mixed-Use Transitions (MXT) and Open Space (OS) o Density: 24 DU/AC
o Height: 4 stories or 45 feet

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 4th Street Area: Proposed rezoning from WS-2 (9 DU/AC) to RM-1 (23 DU/AC). The factors that promote the above goals and objectives are as follows: the area is on a transit corridor with other mobility options (bus line runs along 4th Street and there are class II bike lanes, within a Transit Priority Area, there are existing multifamily uses on blocks with similar proposed density, and the INTRAConnect plan identifies it as a high-propensity area for a 10-minuite neighborhood.
o Rezone to Medium-Density Multi-Unit Residential (RM-1) o Density: 23 DU/AC
o Height: 4 stories or 45 feet

 D Avenue Area: Proposed rezoning from RS-2 (9 DU/AC to RM-1 23 DU/AC). The factors that promote the above goals and objectives are as follows: the area is on a transit corridor (bus line runs along D Street), within a Transit Priority Neighborhood, within ¼ mile of downtown, close to services, existing multifamily on blocks with similar proposed density, the INTRAConnect plan identifies this area as having a high -propensity for a 10 -minute neighborhood.
o Rezone to Medium-Density Multi-Unit Residential (RM-1) o Density: 23 DU/AC
o Height: 4 stories or 45 feet

 Hospital Area: Proposed rezoning from a mix of RS -2, RS-3, RM-2, and Institutional to MXC-1 (48 DU/AC). The factors that promote the above goals and objectives are as follows: Adding housing next to a large employer, being on a transit corridor along E. 4 th Street, being in a transit priority area, and continuing a pattern of mixed -use zoning and development along E. 4th Street, E. 8th Street, and Euclid Avenue. o Rezone to Minor Mixed-Use Corridor (MXC-1)
o Density: 48 DU/AC
o Height: 3 stories or 50 feet

 16th Street Area: Proposal to add the overlay zone, Mixed-Use Overlay, which will allow a housing density of 24 DU/AC. This keeps the original base zone intact, CS and CL, but allows residential to be built through the overlay zone. These areas were chosen because some properties are already residential and this will allow this transition from a commercial and service commercial to a more mixed-use and residential area. o Rezone to Mixed Use Overlay
o Density: 24 DU/AC
o Height: 5 stories or 65 feet

 24th Street Transit Area: Proposed rezoning from CL to MCR-1 (24-60 DU/AC). The factors that promote the above goals and objectives are as follows: adjacent to the Trolley station, along a transit corridor (bus line on 18th Street), continues the pattern of mixed-use zoning, in a Transit Priority Area, and the INTRAConnect plan identifies this area as having a high- propensity for a 10-minute neighborhood.

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ENVIRONMENTAL DETERMINATION

Final Program Environmental Impact Report (Final SPEIR)

The City of National City, as lead agency, has prepared a Final Supplemental Program Environmental Impact Report (Final SPEIR) to provide information to the public, agencies and policy makers about the potential environmental effects that could occur with implementation of the Focused General Plan Update (FGPU). The Zoning Map amendment is included in this. The California Environmental Quality Act (CEQA) requires a process through which agencies and the public can evaluate the potential environmental effects of implementing the FGPU (the “project”), understand the potential scale of any environmental impacts to the degree feasible, and develop measures to reduce these impacts.

Impacts identified in the Final SPEIR will be mitigated through application of federal, State, and local laws and regulations; through the application of General Plan policies and programs; and through application of the mitigation framework during project level environmental review and that reflects the implementation of General Plan goals, policies, and actions.

The Final SPEIR was certified by City Council on March 19, 2024.

FINANCIAL STATEMENT:

Not Applicable

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Housing and Community Development

ENVIRONMENTAL REVIEW:

The Final SPEIR was certified by City Council on March 19, 2024.

PUBLIC NOTIFICATION:

ORDINANCE:

First Reading

EXHIBITS:

Exhibit A – Zoning Ordinance
Exhibit B – Zoning Map Amendment
Exhibit C – Public Notice
Exhibit D – PowerPoint Presentation

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ORDINANCE NO. 2024-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA,

ADOPTING AN AMENDMENT TO THE CITY OF NATIONAL CIT Y ZONING MAP TO IMPLEMENT THE FOCUSED GENERAL PLAN UPDATE.

WHEREAS, the City of National City proposes an amendment to the City of National City Zoning Map attached as Exhibit B to the staff report; and

WHEREAS, the amendment to the Zoning Map made by this ordinance is intended to ensure compliance with recently adopted Focused General Plan Update; and

WHEREAS, Section 65300 et seq. of the California Government Code requires each city to prepare and adopt a comprehensive, long -term general plan for the physical development of the city; and

WHEREAS, commencing in March 2020, the City initiated a multi-year focused update to the General Plan by approving a work plan and budget, hiring consultants, and conducting public workshops; and

WHEREAS, the City has held visioning and outreach workshops, office hours, and public meetings on multiple occasions including but not limited to August 24, 2020, August 25, 2020, August 26, 2020, August 27, 2020, August 28, 2020, and August 29, 2020; March 23, 2021, March 24, 2021, March 25, 2021, and March 30, 2021; and December 9, 2021, December 13, 2021, and December 15, 2021; for the Focused General Plan Update and proposed Zoning Map changes; and

WHEREAS, the Planning Commission and City Council received periodic briefings to consider public and agency input, to receive information relevant to the specific topics addressed in the General Plan Update, and to provide direction and guidance to staff and the consultant team regarding policies and land use designations for development of the General Plan and its land use diagram (map); and
WHEREAS, the City Council considered public input on the draft General Plan Elements at duly advertised meetings on January 26, 2021 and June 20, 2023; and WHEREAS, notices of the Focused General Plan Update were mailed to affected public entities and agencies in compliance with State law (Government Code Sections 65302(g)(7), 65302.5, 65302.7, 65352, 65352(a)(9)), and in accor dance with Government Code Sections 65352.3 the City contacted California Native American tribes that are on the contact list maintained by the Native America Heritage Commission to invite those tribes to consult on the proposed Focused General Plan Update; and

WHEREAS, the City released the Public Review Focused General Plan, including the Land Use, Transportation, and Safety Elements in their entirety on February 17, 2023, and invited

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comments by the public and affected agencies as required by law from F ebruary 17, 2023, through April 3, 2023; and

WHEREAS, the City determined that a Supplemental Program Environmental Impact Report (SPEIR) should be prepared to analyze the potential environmental impacts and identify any necessary mitigation measures for the Focused General Plan Update project; and

WHEREAS, on March 19, 2024 , the City Council adopted City Council Resolution No. 2024-19 certifying the SPEIR and adop ted City Council Resolution No. 2024 -20 approving the Focused General Plan Update and its related land use map, including minor text and map amendments, and replacing the 2011 Land Use, Transportation, and Safety El ements, and Climate Action Plan; and

WHEREAS, the Planning Commission adopted Pla nning Commission Resolution No. 2024-04, on May 6 , 202 4, on file with the Office of the City Clerk and incorporated by this reference, recommending the City Council adopt the Zoning Map Amendment; and

WHEREAS, a notice of the City Council public hearing to consider adoption of the Zoning Map Amendment was published in the Star News, a newspaper of general circulation on April 26, 2024, and was posted in the Star News and on the City of National City website, in accordance with City policies and Government Code Section 65090; and

WHEREAS, the City Coun cil has reviewed and considered all evidence in the record submitted in connection with the Focused General Plan Update, the Zoning Map Amendment and the Programmatic Environmental Impact Report, including the staff report, public testimony, and other documents and evidence that are the City administrative record for these actions.

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

Section 1: That the testimony and evidence presented to the City Council at the Public Hearing held on May 7, 2024, support the following findings:

1. The City Council has considered the administrative record and all public comment received on the Zoning Map Amendment, and utilized its independent judgment in acting on the information contained in this resolution.

2. In accordance with Government Code Section 65302 and other applicable provisions of State law, the Zoning Map Amendment has been prepared in compliance with state law and local ordinance.

3. The City has conducted extensive public outreach efforts in the development of the Zoning Map Amendment, and public input has been considered prior to the adoption of the Zoning Map Amendment.

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Section 2: That the City Council hereby adopts the Zoning Map Amendment, attached to the staff report as Exhibit B , consistent with the certified Supplemental Program Environmental Impact Report and the Focused General Plan Update.

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

INTRODUCED at a regular meeting of the City Council of the City of National City, held on this 7th day of May, 2024.

PASSED and ADOPTED this _______ day of _____, 2024.

_________________
Ron Morrison, Mayor
ATTEST:

_____________________________
Shelley Chapel, MMC, City Clerk

APPROVED AS TO FORM:

_____________________________
Barry J. Schultz, City Attorney

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CITY OF NATIONAL CITY

NOTICE AND SUMMARY OF INTENT TO ADOPT PROPOSED ORDINANCE

NOTICE IS HEREBY GIVEN that at a Regular Meeting held on Tuesday, March 19, 2024 the City Council of the City of National City introduced a proposed ordinance for the first reading, which if adopted, would amend:

1) The Westside Specific Plan and the Zoning Text and Map of the Westside Specific Plan; and,
2) The Municipal Code, which include Chapter 18.49 to Provide Objective Design Standards for Housing Development, Adopting Chapter 18.50 to Provide a Floor Area Ratio Bonus Program, Adopting Amendments to Chapters 18.29 (Overlay Zones) to Create a Mixed - Use Overlay Zone to Allow Residential Development on Certain Parcels Zoned CL and CS, and Amending the Municipal Code to Revise Title 18.

The City Council will have the Second reading of this ordinance wherein they will consider its adoption at its Regular Meeting to be held on Tuesday,
April 2, 2024 at 6:00 p.m. via LIVE WEBCAST in the City Council Chamber, 1243 National City Boulevard, National City, California. Written comments or testimony from the public must be submitted via e -mail to [email protected] by 2:00 P.M. on the day of the City Council Meeting .

A full text copy of the proposed ordinance, and Regular Online Meeting of the City Council, will be webcast and archived on the City’s website at: www.nationalcityca.gov.

Shelley Chapel, MMC, City Clerk
Published in the Star News March 22, 2024

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Zoning Map Amendment
City Council
May 7, 2024

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Contents
Staff Recommendation
Previous Hearing Refresher
General Plans Overview
Zoning
Growth Projectionsv

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3 Staff Recommendation
Introduce the Ordinance by First Reading, Entitled, “An Ordinance of the City Council of the City of National City, California, Adopting an Amendment to the City of National City Zoning Map to Implement the Focused General Plan Update.”

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4 Previous Hearing Refresher
City Council Previous Actions
Certified the SPEIR, adopting findings of fact, statement of overriding considerations, and Mitigation, Monitoring, and Reporting Program (MMRP) with the selection of the proposed project
Adopted the Focused General Plan Update which includes the Climate Action Plan Adopted Municipal Code Amendments
Adopted Westside Specific Plan and the Downtown Specific Plan Amendments Adopted the Bicycle Master Plan Update

1. Second Reading on April 2, 2024
March 19, 2024 Meeting

2. 3.

4. 5.

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Blueprint for the long-term
future
Expresses community’s
development goals and
embodies public policy
relative to the future
distribution of land use
Promotes better projects,
streamlined processes,
integrated planning, and
improved access and use of
available resources
It’s required by State law
5 General Plans
A city is not gauged by its length and
width, but by the broadness of its vision
and the height of its dreams.”
Herb Caen
“

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The Update Included
6 Housing Element
Land Use Element
Transportation Element
Safety Element
Climate Action Plan
House National City
Westside and Downtown Specific Plans
Bicycle Master Plan
Objective Design Standards
Updates to the Municipal Code

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7 Community Engagement
• Project Website
• Online Survey
• Webinars (7 total)
• Telephone Office Hours
• Interactive Map
• Stakeholder Interviews
• Planning Commission
& City Council Briefings
• Workshops & Hearings
(for Housing Committee, Planning
Commission, and City Council)
Community Engagement Completed to Date: 2020 – 2023

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8 Rezoning Recommendation Process

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Create an integrated development pattern
Develop 10-minute neighborhoods
Help to meet the CAP and other sustainability goals
Aid in increasing housing in areas that have access to transit and resources
Assist in adding housing units to meet housing-related needs Encourage the development of a diverse housing stock that can meet the needs of National City residents of all ages, abilities, and incomes.

Encourage and facilitate the construction of new housing consistent with the City’s RHNA allocation.

Create opportunities for infill and transit-oriented development 9 Why the Zoning Changes

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10 Proposed Zoning Map Amendment
Legend

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11 Growth Projections
Existing
Development
Total 2050
Buildout
(Adopted Land
Use - No Build)
Delta
(Change existing to
2050 Project)
Total 2050 FGPU
Horizon Buildout
(Project)
Delta
(Change between
2050 No Build to
2050 Project)
Dwelling Units 18,179 22,729 4,550 23,325 +595
Retail/Office Space
(square feet) 6,858,359 13,133,424 6,275,065 13,332,112 +198,688 Industrial Space
(square feet) 4,031,983 5,772,092 1,740,109 5,772,092 (0) Population 58,582 72,961 14,379 74,872 +1,911

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Assessed Value Ratio (AVR) – used to determine which parcels are most likely to redevelop
Assessed building value compared to the land value of each site (building value/land value)
If the land value is greater than the building value, it will have a lower AVR and therefore likely to redevelop
Only parcels zoned for residential uses with an AVR of less than 1 (and less than 0.75 for commercial and industrial uses) were assumed to be redeveloped
Vacant land and redevelopment sites were assumed to build out at 75% of capacity
12 Growth Projections
Assumptions Explained

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18th Street
Rezone to:

Mixed-Use Transition
(MXT) and Open Space
(OS)
Density:
24 DU/AC
Height:
4 Stories/45ft

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4th Street
Rezone to:

Medium Density
Multi-Unit Residential
(RM-1)
Density:
23 DU/AC
Height:
4 Stories/45ft

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D Avenue
Rezone to:

Medium Density
Multi-Unit Residential
(RM-1)
Density:
23 DU/AC
Height:
4 Stories/45ft

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Hospital
Area
Rezone to:

Minor Mixed-Use
Corridor (MXC-1)
Density:
48 DU/AC
Height:
3 Stories/50ft

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16th Street
Addition of:

Mixed-Use Overlay
Density:
24 DU/AC
Height:
5 Stories/65ft
24th Street
Transit
Area
Rezone to:

MCR-1
Density:
24-60 DU/AC
Height:
3 Stories/50ft

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18 Staff Recommendation
Introduce the Ordinance by First Reading, Entitled, “An Ordinance of the City Council of the City of National City, California, Adopting an Amendment to the City of National City Zoning Map to Implement the Focused General Plan Update.”

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Thank You
19Page 222 of 263

AGENDA REPORT

Department: Planning
Prepared by: Martin Reeder, AICP – Asst. Director of Community Development Meeting Date: Tuesday, May 7, 2024
Approved by: Benjamin A. Martinez, City Manager

SUBJECT:

Summary Vacation of an Unused and Undeveloped Section of Paradise Avenue East of Plaza Blvd.

RECOMMENDATION:

Initiate the Street Vacation.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

The Engineering and Public Works Department is requesting to vacate a portion of undeveloped City right-of-way located on the north side of Paradise Valley Road (see attached Exhibit A). The area is considered a “paper street” and is adjacent to an undevel oped residential property (“Property”) to the south, and three residential properties to the north. This southern property is zoned RS-1 (Large Lot Residential) and is privately owned. On the south side of said property, adjacent to Paradise Valley Road, i s a City drainage channel that is part of a CIP (Capital Improvement Program) enhancement project. The California Streets and Highways Code (CSHC) section 8330 provides that the City Council may summarily vacate a street or highway that has been superseded by relocation, provided no private property access is cut off or public service easement terminated. In addition, pursuant to CSHC section 8331, the street must not have been passable for the last five years and no public money can have been expended on m aintenance of the right-of-way. The proposed closure does not cut off private property access and for the last five years the street has not been passable and no public money has been expended on maintenance; therefore, the City Council may order the summary vacation of the right-of-way.

The reason for the request is that the City has a right-of-way constraint along the north side of the channel along Paradise Valley Road, since the City easement over the channel runs along the bottom of the creek and does not include the northern bank of the creek (see attached Exhibit B).

The City has a current Paradise Creek Water Quality and Community Enhancement phase 2 project (“Project”) that is proposing to make the creek wider, which will encroach on to the adjacent private property. Vacating the unused portion of right-of-way (Paradise Avenue) will allow the City to request an equivalent easement area on the north side of the creek, allowing the City to widen the creek and create an access road necessary for Public Works crews to maintain the channel.

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The right-of-way proposed to be vacated is 60 feet wide. If vacated, half of the right -of-way (30 feet) will go to the properties on each side.

As stated above, t he area is currently undeveloped. The Property is generally used as storage area for contractors engaged in local infrastructure projects. The Property has been kept clean and free of weeds. The right-of-way to be vacated is approximately 19,800 square feet in size. A steep dirt hill occupies approximately 25% of the property to be vacated.

Pursuant to the City’s procedures, t he summary vacation process starts with direction from the City Council, which staff is asking for this evening. If this direction is given , the Planning Commission would subsequently hold a hearing to consider the conformity of the proposed vacation with the General Plan. It would then come back to t he City Council for adoption of a resolution to summarily vacate the street.

Options

1. Initiate the Street Vacation request; or

2. File the report (deny).

FINANCIAL STATEMENT:

There is an estimated cost of $1,000 to create the metes and bounds and the easement map that will be paid for from the Integrated Regional Water Management (IRWM) Grant that is funding the improvements to the drainage channel.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Health, Environment, and Sustainability

ENVIRONMENTAL REVIEW:

This is not a project under CEQA and is therefore not subject to environmental review. CCR 15378; 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 – Location Map
Exhibit B – Proposed Easement and Street Vacation
Exhibit C – Site Photos

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Location Map 1 – showing in red the proposed portion of the City property to be vacated Hollyhock Ln

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Location Map 2 – showing in red the proposed portion of the City property to be vacated

330 ft
330 ft
60 ft

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Location Map 3 – showing in red the proposed portion of the City property to be vacated

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ENGINEERING DEPARTMENTAS-BUILTBYDATEREVISIONSBY CONSTRUCTION RECORDSINSPECTOR:DATE STARTED:DATE DATE COMPLETED:HORIZONTAL CONTROL:BENCHMARK:SURVEYOR:

UNDERGROUND SERVICE ALERT1-800-227-2600YOU DIGDAYS BEFORETWO WORKINGA PUBLIC SERVICE BYDIALBEFOREYOU DIGTOLL FREEPlotted - 4/16/2024 9:28:41 AM :: Saved - 4/16/2024 9:20:10 AM :: C:\pwworking\west01\d3650613\00C-004e.dwg :: GESPANTO PLANS FOR THE IMPROVEMENTS OF:

STEPHEN MANGANIELLO, T.E. 2973 DATE PROJECT NO.CIP NO.DIRECTOR PUBLIC WORKS/CITY ENGINEER

APPROVEDAPPROVED

EASEMENT EXHIBITPARADISE CREEK WATER QUALITY AND COMMUNITY ENHANCEMENT - PHASE II

CITY OF NATIONAL CITY
SAMPO ENGINEERING, INC.LEAD AND BRASS TAG IN CONCRETE WALKWAY, LOCATED IN THE NECORNER OF G AVE & 19TH ST (PT #1236)THE BASIS OF BEARINGS FOR THIS SURVEY IS THE CALIFORNIACOORDINATE SYSTEM NAD 83, ZONE 6 BETWEEN POINT NUMBERS 1232AND 3246 AS SHOWN ON ROS 14492.

PLANS REVIEWED BY:

DATEENGINEERING DEPARTMENTLUCA ZAPPIELLO PLANSCALE: 1" = 20'SCALE: 1"=20'0204060

PARADISE VALLEY RD

EASEMENT EXHIBIT
A PRELIMINARY TITLE REPORT PREPARED BYCOMMONWEALTH LAND TITLE COMPANY DATED MAY 11, 2022AS ORDER NO. 669-060-10 PLUS HAS BEEN REVIEWED FOREXISTING ON-SITE EASEMENTS. SAID EASEMENTS HAVE BEENPLOTTED HEREON AND REFERENCED BELOW PER SAIDPRELIMINARY TITLE REPORT:EXISTING EASEMENT FOR PURPOSES OF PUBLICHIGHWAY IN FAVOR OF COUNTY OF SAN DIEGORECORDED AUGUST 4, 1938 IN BOOK 808, PAGE 154 OFOFFICIAL RECORDS.EXISTING EASEMENT FOR OPEN DITCH IN FAVOR OFCOUNTY OF SAN DIEGO RECORDED AUGUST 4, 1938 INBOOK 814, PAGE 99 OF OFFICIAL RECORDS.EXISTING EASEMENT FOR OPEN DITCH AND INCIDENTALPURPOSES IN FAVOR OF COUNTY OF SAN DIEGO RECORDED DECEMBER 30, 1938 IN BOOK 851, PAGE 386OF OFFICIAL RECORDS.EXISTING EASEMENT FOR RIGHT TO ENTER UPON, FORTHE PURPOSE OF CONSTRUCTION AND MAINTENANCEOF SAID OPEN DITCH DESCRIBED ON ITEM 7 ABOVE INFAVOR OF COUNTY OF SAN DIEGO RECORDED DECEMBER 30, 1938 IN BOOK 851, PAGE 386 OF OFFICIALRECORDSEXISTING EASEMENT FOR ELECTRICITY DISTRIBUTIONIN FAVOR OF SAN DIEGO GAS & ELECTRIC COMPANYRECORDED MAY 28, 1952 IN BOOK 4481, PAGE 89 OFOFFICIAL RECORDS.

EXISTING EASEMENTS
6 7

7.1 5
8 CITY OF NATIONAL CITYCITY OF SAN DIEGO
R/W
R/W
R/W
R/W
6 7

7.1 5
TO PREVIOUSPROPERTY OWNERSAREA = 9,900 SQ FT
28'
EXISTING #5 EASEMENTAREA = 9,465.93 SQ FTEXISTING EASEMENTAREA = 7,603.96 SQ FT EXISTING #6 EASEMENT - AREA = 1,893.36 SQ FT
CURRENT SANTOS PROPERTYAREA = 57,736.73 SQ FTN 1831609.32E 6310694.47

8.11'
30'30'
315.65'FUTURE SANTOS PROPERTYAREA = 9,841.74 SQ FT

14.35'
FUTURE SANTOS PROPERTY(CITY REQUESTS AN EASEMENT)AREA = 58.26 SQ FT 8 5
5 FUTURE CITY EASEMENTFOR 28 FEET TOTALAREA = 10,543.74 SQ FT C:\pwworking\west01\d3650613\00C-004e.dwg, Plot, 4/16/2024 9:28:37 AM, GESPANTO

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Photo 1 – looking on towards the northeast corner of the property

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Photo 2 – looking on towards the northeast corner of the property

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Photo 4 – looking on towards the northwest corner of the property

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Photo 3 – looking on towards the northwest corner of the property

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AGENDA REPORT

Department: Engineering & Public Works
Prepared by: Stephen Manganiello, Director of Engineering & Public Works Meeting Date: Tuesday, May 7, 2024
Approved by: Benjamin A. Martinez, City Manager

SUBJECT:

Update on El Toyon Park Improvements Bid Process (CIP No. 22-26)

RECOMMENDATION:

Provide direction to staff on whether to readvertise the project as a PLA covered contract or non- PLA contract.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable

EXPLANATION:

On November 7, 2023, the City Council of the City of National City entered into a Project Labor Agreement (PLA) with the San Diego County Building and Construction Trades Council and Associated Signatory Craft Unions. The PLA, which went into effect on December 14, 2023, applies to public projects with a construction value of at least $1,000,000.

The City’s first capital project subject to PLA requirements was El Toyon Park Improvements (CIP No. 22-26). The general scope of work is to construct minor land scape grading, pathways, pavements, pedestrian safety, utility, shade structures, splash pad play area, adult fitness area, fencing, landscape drainage, park lighting, communications, irrigation, planting, and park maintenance. Specific improvements will include site demolition, construction of curb ramps, cast- in-place concrete structures, walls and footings, porous concrete paving, aggregate base, grading, drainage improvements, signage, pavement markings, splash pad play features and filtration system, fitness equipment structures, wood and metal fencing and gates, park lighting, security, landscaping, and irrigation systems. Ancillary work will include mobilization, traffic control during construction, utility coordination, water pollution control, and construction surveying.

The initial project was ready to be advertised for public bidding in November 2023. Upon direction from City Council, staff delayed advertisement to update the project specifications and bid documents for compliance with the PLA. S taff posted the bid solicitation on PlanetBids on February 1, 2024, and subsequently advertised the project in the San Diego Union Tribune on February 5, 2024, February 7, 2024, and February 21, 2024. Staff set the bid due date as March 21, 2024, to allow ample time for contractors to review the bid documents and PLA.

Staff held two pre -bid meetings to provide contractors opportunities to ask questions. A total of ten contractors attended the first pre-bid meeting held on February 8, 2024, while one contractor attended the second pre-bid meeting held on February 22, 2024.

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Staff also sent letters to the 14 craft unions that are signatories to the PLA in February 2024, encouraging them to reach out to qualified contractors in an effort to garner interest in the project and increase opportunities for competitive bidding. Please note that, as of the drafting of this staff report, of the 26 craft unions listed in the PLA only 14 have actually signed the PLA, as reflected in the National City PLA on file with the Office of the City Clerk.

Ultimately, a total of 16 contractors registered on PlanetBids to review the notice inviting bids, project plans and specifications. On March 21, 2024, only one bid was received in the amount of $7,785,997.87, which was more than double the Engineer’s Estimate of $3,665,000 for project construction. The sole contractor who submitted the bid was De La Fuente Construction, Inc .

After examination of the bid and contract requirements, the bid was determined to be nonresponsive. Staff contacted the remaining 15 contractors who registered on PlanetBids to gain a better understanding as to why they did not submit bids. Staff received responses from eight of the 15 contractors. Five of the eight contractors cited PLA requirements as the primary reason they did not bid the job. The other three contractors indicated they were either too busy, did not have capacity to take on the project, and/or were not interested after reviewing the scope of work.

Per Section 3.2 Exclusions of the PLA, the City reserves the right to reject all bids and readvertise the project not as a Covered Project or Covered Contract and not subject to this PLA for the following reasons:

(h) there were less than three qualified bidders; and

(l) the lowest apparent responsive and responsible bid is 10% or greater than the Engineer’s estimate.

At the City Council Meeting held on April 16, 2024, the City Engineer presented an update on the bid results and indicated the project will be readvertised as a non-PLA contract by the end of April 2024.

Subsequent to the April 16, 2024 City Council meeting, the City has been contacted by at least one non-signatory craft union requesting that the project be readvertised as a covered project under the PLA, indicating they were not aware the project had previously gone out to bid in February 2024.

The project is funded by a State of California Proposition 68 grant. Staff confirmed that the City has been granted a 3 year extension for project completion, which changes the deadline from June 2025 to June 2028.

Given these circumstances, and since this was the first project bid by the City of National City as a PLA-covered contract, staff is now seeking City Council direction as to whether to readvertise the project as a PLA covered contract or non-PLA contract. Staff has prepared two versions of the contract documents and will be ready to readvertise , regardless of which option is selected , by May 15, 2024.

FINANCIAL STATEMENT:

Not Applicable

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Parks, Recreation and Library

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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:

None

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AGENDA REPORT

Department: City Attorney's Office
Prepared by: Barry J. Schultz, City Attorney
Meeting Date: Tuesday, May 7, 2024
Approved by: Benjamin A. Martinez, City Manager

SUBJECT:

Discussion and Possible Adoption of Revised Proposed City Councilmember Budget Policy.

RECOMMENDATION:

Review Revised Policy, Make Modifications, and Potential Adoption of Revised Proposed Policy.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

City Council established Council Budgets during the Fiscal Year 2023-2024 Budget process.

EXPLANATION:

The City Council of National City, during the Adoption of the Fiscal Year 2023-2024 City Budget, included a $100,000 appropriation for each Councilmember’s budget. The Council has requested that City staff provide the City Council with a draft Council Policy governing the use of the funds and a procedure for expenditure of the funds. During the April 2, 2024, Council Meeting, an ad hoc committee was established consisting of Mayor Ron Morrison and Vice-Mayor Ditas Yamane to make recommendations on modifications to the proposed policy.

Attached as Exhibit “A” is a redline version of the initial draft Council Policy Exhibit “B”.

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.CCR1537 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 - Redline Version of City Councilmember Office Budget Policy Exhibit B - Clean Version of modified City Councilmember Office Budget Policy

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AGENDA REPORT

Department: City Manager's Office
Prepared by: Benjamin A. Martinez, City Manager
Meeting Date: Tuesday, May 7, 2024
Approved by: Benjamin A. Martinez, City Manager

SUBJECT:

Discussion and Consideration of the Status of Port Commissioner Sandy Naranjo Pursuant to City Council Policy 107.

RECOMMENDATION:

Not Applicable. This appointee is approved by the City Council.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Commissioner Naranjo was appointed to the Port Commission in December of 2020.

EXPLANATION:

Port Commissioner Sandy Naranjo was appointed by the City Council to the Port Commission on December 1, 2020. Her term expires on December 2, 2024. City Council Policy 107, Section D(14) provides that:

 Removal: Any Commissioner sitting on a Board, Committee, or Commission may be removed from office at any time by a simple majority vote of the City Council at a regularly scheduled Council meeting with or without cause. Should the Council vote to remove the Commissione r, City staff should be directed to post a special vacancy notice in accordance with section C(1) of Policy 107.

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

EXHIBIT:

Not Applicable

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AGENDA REPORT

Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC, City Clerk
Meeting Date: Tuesday, May 7, 2024
Approved by: Benjamin A. Martinez, City Manager

SUBJECT:

Notice of and Calling for the Holding of a General Municipal Election, and Request for Consolidation with the Statewide General Municipal Election

RECOMMENDATION:

Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Providing Notice of and Calling for the Holding of a General Municipal Election for the Purpose of the Election of Certain Elected Officials and for the Submission to the Voters a Question Relating to a Citizen Initiative Regarding a Special Parcel Tax for Streets and Parks, and Requesting the San Diego County Board of Supervisors to Consolidate the Municipal Election with the Statewide General Municipal Election on Tuesday, November 5, 2024, as Required by the Provisions of the Laws of the State of California Relating to General Law Cities.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

Section 10403 of the California Elections Code authorizes the City to place an election ballot on the same ballot as that provided for a Statewide Election, and to consolidate a General Municipal Election with a Statewide General Municipal Election, upon t he filing with the County Board of Supervisors of a resolution of t he City Council requesting the consolidation. The proposed resolution would satisfy the requirements of section 10403.

The City of National City would place on the ballot two (2) district City Council seats and one (1) citizen initiative qualified ballot measure, entitled “National City Special Parcel Tax for Streets and Parks,” to appear on the ballot as follows:

SHALL THE MEASURE ADDING A SPECIAL

PARCEL TAX IN THE CITY OF NATIONAL CITY TO

BE USED FOR STREET AND PARK PURPOSES,

WITH RATES BASED ON THE CHARACTER OF

THE PROPERTY AND EXEMPTING CERTAIN

TYPES OF PROPERTIES, TO BE COLLECTED
BEGINNING IN 2023, AND CONTINUING UNTIL

REPEALED BY THE VOTERS, WITH AN

OVERSIGHT COMMITTEE, GENERATING AN
ESTIMATED $1.7 MILLION DOLLARS ANNUALLY,
BE ADOPTED?
YES

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Pursuant to California Election s Code section 9282(a) “For measures placed on the ballot by petition, the persons filing an initiative petition pursuant to this article may file a written argument in favor of the ordinance, and the legislative body may submit an argument against the ordinance.” Primary arguments for and against the ballot measure shall not exceed 300 words. In addition, pursuant to California Elections Code section 9285 rebuttal arguments, not exceeding 250 words, may be submitted to the City Clerk, where authorized by the legislative body. The resolution would also authorize the submittal of arguments in opposition to the measure and any related rebuttals.

The Registrar of Voters has estimated the cost to consolidate the election for the purpose of the Election of Certain Officials in the November 2024 Election to be $ 15,000 - $25,000 for two (2) district City Councilmember seats, and $55,000 - $75,000 per city measure. Staff recommends that the City Council approve an appropriation of up to $ 200,000 from the General Fund as part of the fiscal year 2024 -25 budget to cover the Registrar of Voters cost s, required legal publications, and translations, and supplies for the election process.

FINANCIAL STATEMENT:

Staff will provide the final cost of the election once the County Registrar has submitted their invoice, which generally occurs within 4 -5 months following the election. Staff will return to the City Council if costs exceed the appropriation of up to $200,000.

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 - Resolution

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RESOLUTION NO. 2024 –

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

PROVIDING NOTICE OF AND CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL

ELECTION FOR THE PURPOSE OF THE ELECTION OF CERTAIN ELECTED OFFICIALS

AND FOR THE SUBMISSION TO THE VOTERS A QUESTION RELATING TO A CITIZEN

INITIATIVE REGARDING A SPECIAL PARCEL TAX FOR STREETS AND PARKS, AND

REQUESTING THE SAN DIEGO COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE

THE MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 5, 2024, AS REQUIRED BY THE PROVISIONS OF THE LAWS OF

THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES

WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on Tuesday, November 5, 2024, for the purpose of the election of one (1) member of the City Council to represent District 2 for a full-term of four (4) years, one (1) member of the City Council to represent District 4 for a full-term of four (4) years, and the submission to the voters a citizen initiative qualified ballot measure relating to a Special Parcel Tax for Streets and Parks; and

WHEREAS, it is desirable that the General Municipal Election be c onsolidated with the Statewide General Municipal Election to be held on the same date, that within the City the precincts, polling places, and election officers for the two elections be the same, and that the Registrar of Voters of the County of San Diego canvass the returns of the General Municipal Election, and that the election be held in all respects as if there were only one election.

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

Section 1. That pursuant to the requirements of section 10403 of the Elections Code, the Board of Supervisors of the County of San Diego is hereby requested to consent to agree to the consolidation of a General Municipal Election with the Statewide General Municipal Election on Tuesday, November 5 , 2024, for the purpose of the election of one (1) member of the City Council to represent District 2 for a full-term of four (4) years, one (1) member of the City Council to represent District 4 for a full-term of four (4) years, and the submission to the voters a question related to the citizen initiative qualified measure on a Special Parcel Tax for Streets and Parks.

Section 2. That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election the following question related to the citizen initiative qualified Ballot Measure to appear on the ballot as follows:

SHALL THE MEASURE ADDING A SPECIAL

PARCEL TAX IN THE CITY OF NATIONAL CITY

TO BE USED FOR STREET AND PARK

PURPOSES, WITH RATES BASED ON THE

CHARACTER OF THE PROPERTY AND

EXEMPTING CERTAIN TYPES OF PROPERTIES,
TO BE COLLECTED BEGINNING IN 2023, AND

CONTINUING UNTIL REPEALED BY THE

VOTERS, WITH AN OVERSIGHT COMMITTEE,
GENERATING AN ESTIMATED $1.7 MILLION
DOLLARS ANNUALLY, BE ADOPTED?
YES

Section 3. That the ballots to be used at the election shall be in the form and content as required by law.

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Section 4. That pursuant to Elections Code sections 9282(a) and 9285(b), the City Council authorizes arguments in opposition of the measure and any related rebuttals.

Section 5. That the Registrar of Voters is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used.

Section 6. That the Board of Supervisors is requested to issue instructions to the Registrar of Voters to take any and all steps necessary for the holding of the consolidated election.

Section 7. That the City Clerk is authorized, instructed and directed through the San Diego County Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment, and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

Section 8. That the City of National City recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any such costs.

Section 9. That the polls for the election shall be open at seven o’clock (7:00) a.m. of the day of the election and shall remain open continuously from that time until eight o’clock (8:00) p.m. of the same day when the polls shall be closed, pursuant to Elections Code section 10242, except as provided in section 14401 of the Elections Code of the State of California.

Section 10. That the Registrar of Voters may, subject to the requirements of this section and subject to such terms and conditions as the Registrar may prescribe, render specified services relating to the conduct of an election to any city or district the governing body of which has by resolution requested the Board of Supervisors for the County of San Diego to permit the Registrar of Voters of the County of San Diego to render such services.

1. The governing body of the city or district shall file with the Registrar of Voters a certified copy of the resolution of its governing body requesting the Board of Supervisors to permit the Registrar of Voters to render the specified services relating to the conduct of an election and agreeing that it will be bound by the requirements of this section and such terms and condition s as the Registrar of Voters may prescribe, and agreeing that it will reimburse the County in full for its costs and expenses in rendering such services.

2. The governing body of the city or district shall:
(a) In its resolution specify the services requested. (b) Deposit at least 60 days in advance of the election the Registrar of Voter’s estimate of the city or district‘s share of the elections cost. (c) Reimburse the County in full for the services performed upon presentation of a final invoice to the city or district.
(d) Include in its resolution an agreement to indemnify and hold harmless the County, its officers, agents and employees from expense of liability, including reasonable attorney’s fees, as the result of an election contest arising after conduct of an election.

3. If the Registrar of Voters decides that requested election services should not be rendered, the Registrar shall refer the matter to the Board of Supervisors for determination.

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Section 11. That in all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections.

Section 12. That notice of the time and place of holding the election is hereby given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.

Section 13. That the City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the Registrar of Voters of the County of San Diego in the time and manner required by law.

Section 14. That the City Clerk shall certify to the passage and adoption of this Resolution, and enter it into the book of original Resolutions of the City.

PASSED, and ADOPTED this 7th day of May, 2024.

________________________________
Ron Morrison, Mayor
ATTEST:

______________________________
Shelley Chapel, MMC, City Clerk

APPROVED AS TO FORM:

______________________________
Barry J. Schultz, City Attorney

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AGENDA REPORT

Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC, City Clerk
Meeting Date: Tuesday, May 7, 2024
Approved by: Benjamin A. Martinez, City Manager

SUBJECT:

Adoption of a Resolution Adopting Regulations for Candidates for Elective Office Pertaining to Candidates’ Statements for the Tuesday, November 5, 2024, Election.

RECOMMENDATION:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Adopting Regulations for Candidates for Elective Office Pertaining to Candidate Statements of Qualifications to be Submitted to the Voters at a Statewide General Municipal Election to be held on Tuesday, November 5, 2024.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency may adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate ’s statement. Ci ties in San Diego County are required to translate candidates’ statements into Spanish, Filipino, Chinese, and Vietnamese and have the translation available upon request. The 18 Cities share the cost of the elections , including translations, by consolidating with the County of San Diego Registrar of Voters.

The San Diego County Registrar of Voters has estimated the Tuesday, November 5, 2024, costs for candidate’s statements to be $1600 for Mayoral Candidates and $1 500 for City Councilmember Candidates for a 200-word statement. All candidates would be subject to the estimated fee, or would need to opt out by submitting a Candidate Statement for Qualification to the Office of the City Clerk. The Nomination Period for the Tuesday, November 5, 2024 , Statewide General Municipal Election opens Monday, July 15, 2024, and closes Friday, August 9, 2024. Once set , this fee cannot be revoked or modified after the seventh day prior to the opening of the Nomination Period or Monday, July 8, 2024.

FINANCIAL STATEMENT:

This action does not include fiscal impact as the Candidates will pay the exact costs billed to the City, and will reimburse the City if the cost is greater than the estimate. If the final cost is lower than the estimate, the City will refund the difference to the Candidate.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Communication and Outreach

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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 - Resolution

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RESOLUTION NO. 2024 -

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

ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE’S STATEMENTS TO BE SUBMITTED TO THE VOTERS AT A STATEWIDE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024.

WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency may adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate’s statement.

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

Section 1: GENERAL PROVISIONS.

That pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of National City, California on Tuesday, November 5 , 202 4, may prepare a candidate’s statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate, and a brief description of no more than 200 words of the candidate's education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candid ate, nor membership or activity in partisan political organizations.

The statement shall be filed in typewritten form in the Office of the City Clerk at the time the candidate's nomination papers are returned for filing. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.

Section 2: FOREIGN LANGUAGE POLICY.

A. Pursuant to the Federal Voting Rights Act 1965 (as amended), and in accordance with a Memorandum of Agreement between the County of San Diego and the United States Department of Justice, cities in San Diego County are required to translate candidate’s statements into the following languages: Spanish, Vietnamese, Filipino and Chinese, and to have translations available upon request.

B. Pursuant to State Law, the candidate’s statements must be translated and printed in any language at the candidate’s request.

C. The City Clerk shall have translated those statements into the languages as requested by the candidate and those listed in subsection (A) above.

D. The San Diego County Registrar of Voters will print and mail voter information guides and translate into Spanish, Vietnamese, Filipino and Chinese to only those voters who are on the County voter file as having requested a sample ballot in a particular language. The Registrar of Voters will make the voter information guides and candidate ’s statements in the requir ed languages available at all polling places, on the County’s website, and in the Election Official’s office.

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Section 3: PAYMENT.

Translations: The candidate shall be required to pay for the cost of translating the candidate’s statement into any required foreign language as specified in Section 2 above pursuant to Federal and/or State law.

Printing: The candidate shall be required to pay for the cost of printing the candidate’s statement in English and the required languages, as specified in Section 2, in the sample ballot pamphlets and any language the candidate requests as an option by the candidate.

The City Clerk shall estimate the total cost of printing, handling, translating and mailing the candidate's statements filed pursuant to this section, including costs incurred as a result of complying with the Federal Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the local agency the estimated pro rata share costs to be $1600 for Mayoral Candidates and $1500 for City Councilmember Candidates as a condition of having their statement included in the voter's pamphlet. The estimated amount is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the Clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.

Section 4: MISCELLANEOUS.

A. All translations shall be provided by professionally-certified translators.

B. The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections.

Section 5: ADDITIONAL MATERIALS.

No candidate will be permitted to include additional materials in the voter information guide.

Section 6: COPY OF RESOLUTION.

That the City Clerk shall provide each candidate or the candidate's representative a copy of this Resolution at the time nominating petitions are issued.

Section 7: REPEAL OF PREVIOUS RESOLUTIONS.

That all previous resolutions establishing City Council policy on payment for candidate’s statements are repealed.

Section 8: APPLICABILITY.

That this Resolution shall apply only to the election to be held on November 5, 2024, and shall then be repealed.

Section 9: CERTIFICATION BY CITY CLERK.

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

PASSED and ADOPTED this 7th day of May, 2024.

Ron Morrison, Mayor

ATTEST:

Shelley Chapel, MMC, City Clerk

APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

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AGENDA REPORT

Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC, City Clerk
Meeting Date: Tuesday, May 7, 2024
Approved by: Benjamin A. Martinez, City Manager

SUBJECT:

Adoption of a Resolution Providing Conduct of a Special Runoff Election in the Event of a Tie Vote

RECOMMENDATION:

Adopt the Resolution Entitled, “ A Resolution of the City Council of the City of National City, California, Providing for the Conduct of a Special Runoff Election for Elective Offices in the Event of a Tie Vote at any Municipal Election.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

Section 15651 of the California Elections Code authorizes the City Council, by a majority vote, to adopt provisions to require the Conduct of a Special Runoff Election to Resolve a Tie Vote involving those candidates who received an equal number of votes and the highest number of votes for an elective office.

FINANCIAL STATEMENT:

There is no cost associated with the adoption of this resolution. Should a special runoff election be required, information regarding the cost of the election and necessary budgetary actions would be brought to the City Council for review and approval.

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 - Resolution

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RESOLUTION NO. 2024 -

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

PROVIDING FOR THE CONDUCT OF A SPECIAL RUNOFF ELECTION FOR ELECTIVE

OFFICES IN THE EVENT OF A TIE VOTE AT THE STATEWIDE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024

WHEREAS, Section 15651(b) of the Elections Code of the State of California authorizes the City Council, by majority vote, to adopt provisions to require the conduct of a Special Runoff Election to resolve a tie vote involving those candidates who received an equal number of votes and the highest number of votes for an elective office.

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

Section 1: That pursuant to Section 15651(b) of the Elections Code of the State of California, if any two or more persons receive an equal and the highest number of votes for an office to be voted for within the City, there shall be held within the City a S pecial Runoff Election to resolve the tie vote. A Special Runoff Election shall be called and held on a Tuesday not less than forty (40) nor more than one -hundred twenty-five (125) days after the administrative or judicial certification of the election which resulted in a tie vote.

Section 2: That this Resolution shall apply only to the election to be held on Tuesday, November 5, 2024, and shall then be repealed.

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

PASSED and ADOPTED this 7th day of May, 2024.

Ron Morrison, Mayor

ATTEST:

Shelley Chapel, MMC, City Clerk

APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

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CITY COUNCIL ITEM REQUEST
The City Council Item Request Form is for members of the City Council to submit written requests to the City Manager’s Office for inclusion of an item on a future City Council Meeting Agenda. At the meeting where the initial written request is heard, discussion should be limited to whether the item should be added to an agenda and a date, not the merit of the item. A majority vote of the City Council is required for the item to be added to a future City Council Meeting Agenda for action.

Requesting Member of City Council: Council Member Rodriguez Today’s Date: Tuesday, April 30th, 2024
Is this matter considered Time-Sensitive by another entity deadline? Yes

WRITTEN REQUEST
I, Council Member Rodriguez hereby request that the following item be placed on the National City Council meeting agenda for consideration on Tuesday, May 7th.

Adopt resolution for the City of National City to Support California Senate Bill 915 (Dave Cortese), the Autonomous Vehicle Services Deployment and Data Transparency Act prioritizing local control in the decision to deploy autonomous vehicle services.

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National City City CouncilMay 7, 2024

National City City Council
May 7, 2024