AGENDA
Consolidated Regular Meeting
City Council Chamber - 1243 National City
Boulevard, National City, CA
Ron Morrison, Mayor
Ditas Yamane, Vice-Mayor – District 3 Benjamin A. Martinez, City Manager Marcus Bush, Councilmember Barry J. Schultz, City Attorney Luz Molina, Councilmember- District 1 Shelley Chapel, MMC, City Clerk Jose Rodriguez, Councilmember R. Mitchel Beauchamp, City Treasurer _______________________________________________________________________
The City Council also sits as the City of National City Community Development Commission, Housing Authority, Joint Powers Financing Authority, and Successor Agency to the Community Development Commission as the National City Redevelopment Agency
Thank you for participating in local government and the City of National City Council Meetings.
Meetings: Regular City Council Meetings are held on the first and third Tuesday of the month at 6:00 p.m. Special Closed Session Meetings and Workshops may be same day, the start time is based on needs. Check Special Agendas for times.
Location: Regular City Council Meetings are held in the Council Chamber located at City Hall, 1243 National City Boulevard, National City, CA 91950, the meetings are open to the public.
Agendas and Material: Agendas and Agenda Packet for items listed are available on the City website, and distributed to the City Council no less than 72 hours before the City Council Meeting.
Sign up for E-Notifications to receive alerts when items are posted.
Public Participation: Encouraged in a number of ways as described below. Members of the public may attend the City Council Meeting in person, watch the City Council Meeting via live web stream, or participate remotely via Zoom. Recording of Meetings are archived and available for viewing on the City’s website.
Public Comment: Persons wishing to address the City Council on matters not on the agenda may do so under Public Comments. Those wishing to speak on items on the agenda may do so when the item is being considered. Please submit a Speaker’s Slip to the City Clerk before the meeting or immediately following the announcement of the item. All comments will be limited up to three (3) minutes. The Presiding Officer shall have the authority to reduce the time allotted to accommodate for a large number of speakers. (City Council Policy 104) EFFECTIVE JANUARY 1, 2023
All Contributions to Candidates and Current Elected Officials are required to self -report a Declaration of Campaign Contribution to a C ouncilmember of more than $250 within the past year (effective Jan 1, 2023). This report may be included on the Public Comment Speaker Slip to be completed prior to the City Council Meeting.
If you wish to submit a written comment email to the City Clerk’s Office at least 4 hours before the City Council Meeting to allow time for distribution to the City Council.
Spanish Interpretation Services: Spanish Interpretation Services are available; please contact the City Clerk before the start of the meeting for assistance.
American Disabilities Act Title II: In compliance with the American Disabilities Act of 1990, persons with a disability may request an agenda in appropriate alternative formats as required by Title II. Any person with a disability who requires a modification or accommodation to participate in a meeting should direct such request to the City Clerk’s Office (619) 336-4228 at least 24 hours in advance of the meeting.
AGENDA
Consolidated Regular Meeting
City Council Chamber - 1243 National City
Boulevard, National City, CA
Ron Morrison, Mayor
Ditas Yamane, Vice-Mayor – District 3 Benjamin A. Martinez, City Manager Marcus Bush, Councilmember Barry J. Schultz, City Attorney Luz Molina, Councilmember – District 1 Shelley Chapel, MMC, City Clerk Jose Rodriguez, Councilmember R. Mitchel Beauchamp, City Treasurer _______________________________________________________________________
The City Council also sits as the City of National City Community Development Commission, Housing Authority, Joint Powers Financing Authority, and Successor Agency to the Community Development Commission as the National City Redevelopment Agency
Gracias por participar en las reuniones del gobierno local y del Consejo de la Ciudad de National City.
Reuniones: Las reuniones regulares de l Consejo Municipal se llevan a cabo el primer y tercer martes del mes a las 6:00 p.m. La reunión especial de sesión privada y los talleres pueden ser el mismo día, la hora de inicio se basa en las necesidades. Consulte las agendas especiales para conocer los horarios.
Ubicación: Las reuniones regulares del Concejo Municipal se llevan a cabo en la Cámara del Consejo ubicada en el Ayuntamiento, 1243 National City Boulevard, National City, CA 91950, las reuniones están abiertas al público.
Agendas y Material: Las Agendas y el Paquete de Agenda para los temas enumerados están disponibles en el sitio web de la Ciudad y se distribuyen al Concejo Municipal no menos de 72 horas antes de la Reunión del Concejo Municipal. Regístrese para recibir notificacio nes electrónicas cuando se publiquen artículos.
Participación pública: Se fomenta de varias maneras como se describe a continuación. Los miembros del público pueden asistir a la Reunión del Concejo Municipal en persona, ver la Reunión del Concejo Municip al a través de la transmisión web en vivo o participar de forma remota a través de Zoom. Las grabaciones de las reuniones están archivadas y disponibles para su visualización en el sitio web de la Ciudad.
Comentario Público: Las personas que deseen dirigi rse al Concejo Municipal sobre asuntos que no están en la agenda pueden hacerlo bajo Comentarios públicos. Quienes deseen hacer uso de la palabra sobre los temas del programa podrán hacerlo cuando se esté examinando el tema.
Por favor, envíe una solicitud del orador al Secretario de la Ciudad antes de la reunión o inmediatamente después del anuncio del artículo. Todos los comentarios estarán limitados a tres (3) minutos. El Presidente tendrá la autoridad para reducir el tiempo asignado para dar cabida a un gran número de oradores. (Política del Concejo Municipal 104) Si desea enviar comentarios por escrito, envíe un correo electrónico a la Oficina del Secretario de la Ciudad al menos 4 horas antes de la Reunión del Consejo Municipal para dar tiempo a la distribución al Consejo Municipal.
A PARTIR DEL 1 DE ENERO DE 2023
Todas las contribuciones a los candidatos y funcionarios electos actuales deben autoinformar una Declaración de contribución de campaña a un concejal de más de $ 250 en el último año (a partir del 1 de enero de 2023). Este informe puede incluirse en el Recibo del orador de comentarios públicos que se completará antes de la reunión del Concejo Municipal Servicios de interpretación en español: Los servicios de interpretación en español están disponibles, comuníquese con el Secretario de la Ciudad antes del inicio de la reunión para obtener ayuda.
Título II de la Ley de Discapacidades Americanas: En cumplimiento con la Ley de Discapacidades Americanas de 1990, las personas con discapacidad pue den solicitar una agenda en formatos alternativos apropiados según lo requerido por el Título II. Cualquier persona con una discapacidad que requiera un modificación o adaptación para participar en una reunión debe dirigir dicha solicitud a la Oficina del Secretario de la Ciudad (619) 336-4228 al menos 24 horas antes de la reunión.
AGENDA
Consolidated Regular Meeting
Tuesday, May 7, 2024, 6:00 p.m.
City Council Chamber - 1243 National City Boulevard
National City, CA
Pages
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE TO THE FLAG
4. INVOCATION
5. PUBLIC COMMENT
In accordance with State law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to discuss or take action on any issue not included on the agenda. Speakers will have up to three (3) minutes.
6. PROCLAMATIONS AND RECOGNITION
6.1 Proclamation - Professional Municipal Clerks Week - May 5-11, 2024 7
6.2 Proclamation - Asian Pacific American Heritage Month - May 2024 8
6.3 Proclamation - National Law Enforcement Appreciation Month - May 2024 9
6.4 Proclamation - South West Lodge No. 283 Day 10
6.5 Introduction of New City Employees 11
7. PRESENTATION (Limited to Five (5) Minutes each)
8. INTERVIEWS AND APPOINTMENTS
Mayoral and City Council appointments to City Boards/Commission/Committees
8.1 Appointments: City Boards, Commissions and Committees – Mayoral Appointment for the Traffic Safety Committee.
12 Recommendation:
Mayoral Appointment with City Councilmembers’ Confirmation.
9. REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes each) Per Government Code Section 53232.3(d) also known as AB1234: Members of a legislative body shall provide brief reports on meetings attended at the expense of the local agency at the next regular meeting of the legislative body.
10. CONSENT CALENDAR
The Consent Calendar may be enacted in one motion by the City Council with a Roll Call Vote without discussion unless a Councilmember, a member of the Public, or the City Manager requests an item be removed for discussion. Items removed from the Consent Calendar will be considered immediately following the adoption of the Calendar.
10.1 Approval of Reading by Title Only and Waiver of Reading in Full of Ordinance on this Agenda
10.2 Acceptance of State Active Transportation Grant Funds for the Construction Phase of the Central Community Mobility Enhancements Project, CIP No. 19-
23. 31
Recommendation:
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Authorizing the Establishment of an Appropriation of $1,095,000 and a Corresponding Revenue Budget for the Construction Phase of the Central Community Mobility Enhancements Project, CIP 19-23, Reimbursable through the State Active Transportation Program approved by Caltrans; and 2) Committing to Providing a Local Match in the Amount of $442,000.”
10.3 Agreements with Fozi Dwork and Modafferi, LLP and Burke, Williams and Sorensen, LLP for Legal Services in the Specialized Area of Litigation. 39 Recommendation:
Adopt the Resolution Entitled “Resolution of the City Council of the City of National City, California, Authorizing Agreements with the Law Firms of Fozi Dwork and Modafferi, LLP, and Burke, Williams and Sorensen, LLP for Legal Services in the Specialized Area of Litigation.”
10.4 Agreement with MDG Associates, LLC, for the HUD Five-Year Consolidated Plan and Related Documents
57 Recommendation:
Adopt the Resolution Entitled "Resolution of the City Council of the City of National City, California, Authorizing an Agreement with MDG Associates, LLC, for the Development of the Consolidated Plan and Related Documents for Fiscal Years (FY) 2025-2029 in a Not-to-Exceed Amount of $85,000 from FY 2024 and FY 2025 HUD Entitlement Grant Administration Funds.”
10.5 Approval of City Council Meeting Minutes 80
Recommendation:
Approve and File.
10.6 Biennial Review and Adoption of Resolution Amending the National City Conflict of Interest Code.
103
Recommendation:
Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City Adopting the Amended City Conflict of Interest Code which Incorporates by Reference the Fair Political Practices Commission’s (FPPC) Standard Model of Conflict of Interest Code, Repealing Resolution No. 2022- 128.”
10.7 City Council 2024 Legislative Recess and Notification of Cancelled Meeting for November 5, 2024, Election Day
115
Recommendation:
Provide Direction to Staff on observing a Legislative Recess, which is Historically taken in the Month of July. In Addition, Direct the City Clerk to Notice the Cancelled Meeting for Tuesday, November 5, 2024, Election Day, as Allowed by National City Municipal Code (NCMC) 2.04.020, and City Council Policy No. 104 (III)(H), and (K).
10.8 Consent for the Housing Authority of the County of San Diego to Administer 24 HUD-VASH Project Based Vouchers for the Union Tower Affordable Housing Development
117
Recommendation:
Adopt the Resolution Entitled “Resolution of the Community Development Commission-Housing Authority of the City of National City, California, Consenting to the Housing Authority of the County of San Diego Administering 24 HUD-VASH Project-Based Vouchers for the Union Tower Affordable Housing Development Project at 2312 “F” Avenue in National City.”
10.9 Grant Agreement with the County of San Diego Health Human Services Agency for Reimbursement to the City of National City for Homelessness Outreach
122
Recommendation:
Authorizing a Subrecipient Grant Agreement with the County of San Diego Health Human Services Agency Funded by the California Interagency Council on Homelessness Encampment Resolution Funding Program to Provide Reimbursement for Homelessness Outreach and Establishing an Appropriation and Corresponding Revenue Budget of $110,332.72.”
10.10 Investment Transactions for the Month Ended January 31, 2024. 135 Recommendation:
Accept and File the Investment Transaction Ledger for the Month Ended January 31, 2024.
10.11 Investment Transactions for the Month Ended February 29, 2024. 148 Recommendation:
Accept and File the Investment Transaction Ledger for the Month Ended February 29, 2024.
11. PUBLIC HEARING
The following item(s) have been advertised as public hearing(s) as required by law.
11.1 Adoption of an Ordinance amending Section 9.07 (Food Caterers and Catering Equipment Rentals) of the National City Municipal Code. 161
Recommendation:
Adopt the Ordinance
11.2 Ordinance for Adoption – Discharge of Fats, Oils, and Grease (FOG) to the Municipal Sewer System.
171
Recommendation:
Adopt Ordinance, Entitled, “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.”
11.3 Public Hearing No. 2 of 2 and Adoption of HUD 2024-2025 Action Plan and Allocation of Funds to CDBG and HOME Activities.
181
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.”
11.4 Zoning Map Amendment to Implement the Focused General Plan Update. 194 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.”
12. STAFF REPORTS
12.1 Summary Vacation of an Unused and Undeveloped Section of Paradise Avenue East of Plaza Blvd.
223
Recommendation:
Initiate the Street Vacation
12.2 Update on El Toyon Park Improvements Bid Process (CIP No. 22-26) 233 Recommendation:
Provide direction to staff on whether to readvertise the project as a PLA covered contract or non-PLA contract.
12.3 Discussion and Possible Adoption of Revised Proposed City Councilmember Budget Policy.
236
Recommendation:
Review Revised Policy, Make Modifications, and Potential Adoption of Revised Proposed Policy.
12.4 Discussion and Consideration of the Status of Port Commissioner Sandy Naranjo Pursuant to City Council Policy 107.
249
Recommendation:
Not Applicable. This appointee is approved by the City Council.
12.5 Notice of and Calling for the Holding of a General Municipal Election, and Request for Consolidation with the Statewide General Municipal Election 250
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.”
12.6 Adoption of a Resolution Adopting Regulations for Candidates for Elective Office Pertaining to Candidates’ Statements for the Tuesday, November 5, 2024, Election.
255
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.”
12.7 Adoption of a Resolution Providing Conduct of a Special Runoff Election in the Event of a Tie Vote
260
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.”
13. CITY MANAGER’S REPORT
14. ELECTED OFFICIALS REPORT
14.1 POLICY 105 REQUEST - Support California Senate Bill 915 (Dave Cortese) - Requested by Councilmember Rodriguez
263
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.
15. CITY ATTORNEY REPORT
16. ADJOURNMENT
Regular Meeting of the City Council of the City of National City - Tuesday, May 21, 2024 - 6:00 p.m. - Council Chambers - National City, California.
AGENDA REPORT
Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC
Meeting Date: Tuesday, May 7, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Appointments: City Boards, Commissions and Committees – Mayoral Appointment for the Traffic Safety Committee.
RECOMMENDATION:
Mayoral Appointment with City Councilmembers’ Confirmation.
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
A City Boards, Commissions and Committee (BCC) vacancy was noticed in the Star News, posted on the City Hall Bulletin Boards, City Website, and City Social Media sites to advertise the opening and the application acceptance period.
The recent Vacancy Notice was posted on March 21, 2024, with a deadline of April 9, 2024.
The following BCC has a vacancy caused by a resignation:
Traffic Safety Committee – one (1) vacancy caused by the resignation of Christopher Coyote.
FINANCIAL STATEMENT:
Not applicable.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Communication and Outreach
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065.
PUBLIC NOTIFICATION:
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 – Explanation
Exhibit B – Applications (redacted)
Exhibit C – City Council Policy #107
Exhibit D – Boards/Commission/Committees Reference Chart
The City Clerk’s Office began advertising and accepting applications for a vacancy on the following Boards, Committees, and Commissions: Traffic Safety Committee on March 21, 2024 with a deadline of April 9, 2024.
Background
In order to obtain qualified candidates, a Notice of Vacancies was advertised on the following: The City website, posted on the City Hall Bulletin Boards, the Star News and City Social Media sites to advertise the opening and the application acceptance period. The vacancy presented is a due to one vacancy caused by the resignation of Christopher Coyote.
Vacancies are listed below:
BCC Number of Open Seats and
Term expiration for that seat
Appointing
Member(s)
Residency
Requirement
Applications Received
Traffic Safety Committee (1) Seat – September 30, 2024 Mayoral Yes Amelito Gozum Yvonne Howrey-Colmenero
Residency requirements are listed if required in the chart above. If filling a resident requirement, applicant must reside within the City of National City at the time the application is submitted to be considered for the resident position.
************************************************************************************************************************** Appointment:
Per City Council Policy #107 (D)(7):
The Mayor will make the motion to appoint (naming the appointee) and Councilmembers may second the motion. The City Clerk will then take a roll call vote of the City Council. A majority vote of the City Council will be required for the appointment. If, the majority of the City Council choose to deny the proposed appointment, the Mayor would propose an alternative candidate from the current application pool, or could choose to reopen the application period and return to the City Council with a different applicant for consideration.
If Mayor Appointment is not approved by the majority of the City Council by confirmation, that applicant is removed from the pool for that seat. The Mayor will return to a future meeting with a substitute Mayoral appointment.
Per City Council Policy #107 (D)(14)(3): Attendance
A Commissioner or Member of a Board, Committee, or Commission must be present at least one hour, or 50% of the entire meeting, whichever is less, to be counted as present for purposes of attendance.
Per City Council Policy #107 (D)(14)(3): Mandatory Training and Filing Requirements:
Commissioners and Members of Board, Committee, or Commission, as appointed by the legislative body, are entrusted with certain responsibilities and concomitant training and rep orting. The following are requirements of Commissioners and Members of Boards, Commissions, and Committees. This training is required to be completed within 30 days of appointment or notification.
1. Oath of Office (Article XX of the California Constitution, and California Government Code Section 36507)
2. Fair Political Practices Commission (FPPC) Statement of Economic Interest Form 700 Filing (California Government Code Section 87100 et seq)
3. AB1234 Ethics Training (California Government Code Section 53235.1(b))
4. Anti-Sexual Harassment Training
5. Brown Act Training
6. Social Media Training
Any training required by State Law, Federal Law, or City Policies.
All training is offered in a variety of formats including in person, via Zoom, and training website/software, Page 13 of 263 and pre-recorded video. Currently, these are all requirements of the Mayor and City Council, and City staff.
**Per City Council Policy #107 (D)(10) Re-appointment beyond two terms. Anyone wishing to be re- appointed to any Board, Commission, or Committee and has served two or more full terms already must be approved by a four -fifths vote of the City Council. If all five members of the City Council are not present, or if one member abstains or recuses their vote, the four-fifths requirement shall be changed to require only a simple majority.
Traffic Safety Committee
Applicant Package - Committee Member
Traffic Safety Committee - Committee Member
Term:
Positions Available: 1
Number of applicants in this package: 1
- GOZUM, AMELITO
$SULOWR6HSWHPEHU30, 2024
Name :GOZUM, AMELITO
Address : NATIONAL CITY, 91950
Email :
Board Name :Traffic Safety Committee
Telephone Number :
Registered to Vote in National City? :
Yes
Resident of National City? :
Yes
District Number? :
3 Term of Residency? :
8 Present Employer? :
Department of Navy - Naval Facilities Engineering Command Occupation :
Civil Engineering
Business Address :
San Diego Ca 92132
Educational Background :
Bachelor of Science in Civile Engineer 1992 Don Honorio Ventura Technological State University- Philippines ---- w/ US Equivalency
Construction Inspection Management 36 Units in South Western College Chula Vista Ca. - 2021
Currently Serving on a BCC? :
No
Previously Served on a BCC? :
No
If so, which ones? If it does not apply, type N/A :
N/A
Professional or Technical Organization Memberships? :
AACEi
Civic or Community Experience, Membership, or Previous Public Service Appointments? :
Public Service in the Philippines - Elected no 1 Barangay Councilor - Chairman in Public Works and Budget and Finance
Experience or Special Knowledge Pertaining to Area of Interest? :
BS Engineering Graduate
Have you ever been convicted of a felony crime? :
No
Have you ever been convicted of a misdemeanour crime? :
No
Time of Submission :08/28/23 3:49:35 PM
Attachments:
- email address.pdf
Traffic Safety Committee
Applicant Package - Committee Member
Traffic Safety Committee - Committee Member
Term 16 Apr 2024 - 30 Sep 2024
Positions Available 1
Number of applicants in this package 1
- Howrey-Colmenero, Yvonne
Name: Howrey-Colmenero, Yvonne
Address: , National City, 91950
Email:
Board Name: Traffic Safety Committee
Telephone Number:
Registered to Vote in National City?:
Yes
Resident of National City?:
Yes
Present Employer?:
National School District
Occupation:
Health Care Instructional Assistant
Business Address:
National City, Ca 91950
Educational Background:
Sweetwater Union High School • 2012
Associates degree • California College San Diego • 2014
Currently Serving on a BCC?:
No
Previously Served on a BCC?:
No
If so, which ones? If it does not apply, type N/A:
N/A
Professional or Technical Organization Memberships?:
CSEA member
Experience or Special Knowledge Pertaining to Area of Interest?:
Interested in improving the pedestrian, bicyclist, and driver experience through the city.
Have you ever been convicted of a felony crime?:
No
Have you ever been convicted of a misdemeanour crime?:
No
Time of Submission: 03/22/24 4:22:20 PM
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: November 16, 2021
ADOPTED: June 17, 1986
POLICY # 107
TITLE: Appointments to Boards, Commission and Committees
PURPOSE
To
establish a procedure to serve as a guide in making appointments to various City Boards, Commissions, and Committees. The City currently has the following Boards, Commissions, and Committees to which this Policy applies:
Ma
yor’s Appointments:
1. Board of Library Trustees
2. Community and Police Relations Commission
3. Park, Recreation, and Senior Citizens Advisory Committee
4. Public Art Committee
5. Sweetwater Authority
6. Traffic Safety Committee
7. Veterans and Military Families Advisory Committee
Ci
ty Council Appointments:
1. Civil Service Commission
2. Planning Commission
3. Housing Advisory Committee including Ex-Officio Members
4. Port Commission
POL
ICY
Appointment Process
A. Opportunity to apply. All interested individuals shall be given an opportunity to submit applications for vacancies on City Boards, Commissions, and Committees. Incumbent Appointees are not automatically re-appointed but are required to fill out an abbreviated application provided by the City Clerk, indicating their interest in continuing to serve.
B. Unex
pired terms. If an incumbent Appointee was appointed to fill an unexpired term and the Appointee serves for less than one year in that position, the Council may re- appoint the incumbent without considering other applicants.
C. Vac
ancies. When vacancies occur, the following procedure shall be followed:
1. Schedule vacancy. When a term is expiring or expires, public notice of the vacancy shall be made, inviting interested individuals to submit applications for the vacancy on a form provided by the City Clerk on the City website.
Uns
cheduled vacancy. An unscheduled vacancy shall be filled according to Attachment C
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: November 16, 2021
ADOPTED: June 17, 1986
POLICY # 107
TITLE: Appointments to Boards, Commission and Committees Government Code Section 54974, which generally provides as follows: Whenever an unscheduled vacancy occurs, whether due to resignation, death, termination, or other causes, a special vacancy notice shall be posted in the Office of the City Clerk, the City website, outside City Hall on the Bulletin Board, and on City social media platforms not earlier than twenty (20) days before or not later than twenty (20) days after the vacancy occurs. The City Council shall not make a final appointment for at least ten (10) working days after posting the notice in designated locations. The notice’s posting and application period shall be thirty (30) calendar days. However, if it finds that an emergency exists, the City Council may, fill the unscheduled vacancy immediately. According to this section, a person appointed to fill the vacancy shall serve only on an interim basis until the final appointment.
T
he end of term for the members of Boards, Commissions, and Committees generally occurs in an annual rotation during the months of March and September.
Appointments will be considered at those times unless a vacancy resulting from a resignation results in the lack of a Quorum on the Board, Commission, or Committee, in which case the appointment could occur at the time of the unscheduled vacancy in accordance with the procedure set out above.
3. Government Code Section 40605, and National City Municipal Code Title 16, grants the Mayor, with the City Council’s approvals, the authority to make all appointments unless otherwise explicitly provided by statute. The exceptions are:
1. Civil Service Commission
2. Planning Commission
3. Housing Advisory Committee including Ex-Officio Members
T
he City Council fills vacancies on these bodies.
D. Implementation. Implementation of Council policy for appointment to Boards, Commissions, and Committees requires the following:
1. Per Government Code Section 54972, on or before December 31 of each year, the City Council shall prepare a list of appointments of all regular and ongoing Boards, Commissions, and C ommittees appointed by the City Council. T he
C
ity Clerk will prepare the list of all regular and ongoing Boards, Commissions, and Committees appointed by the Mayor or the City Council. The list shall contain a list of all terms that will expire during the next calendar year, the incumbent appointee’s name, the appointment date, the term’s expiration date, and the position’s necessary qualifications. It shall also include a list of all
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: November 16, 2021
ADOPTED: June 17, 1986
POLICY # 107
TITLE: Appointments to Boards, Commission and Committees Boards, Commissions, and Committees whose members serve at the City Council’s pleasure and the qualifications required for each position. This Local Appointments List shall be made available to the public on the City website.
2. Notice. A public notice for vacancies must be placed in the newspaper of general circulation within the City , on the City ’s website, City Hall Bulleti n B
oards, and City social media platforms.
3. Expiration of term. All appointees will receive a letter as their terms expire asking if they would like to re-apply for the position.
4. Applications. Applications shall be available on the City website and in the City Clerk’s Office. Submissions must be received before the advertised deadline for consideration for the appointment. All applications will be retained in the City Clerk’s Office for one year from the date the application was submitted. During the one-year retention period of the application, an applicant shall be considered for other vacancies on Boards, Commissions, and Committees. The City Clerk’s Office will notify the applicant being considered for an appointment to confirm that they are still interested in volunteering.
5. A member may only serve on one (1) Board, Commission, or Committee at a time.
If an applicant applies for another position on a different Board, Commission, or Committee, that applicant will forfeit the prior seat and a vacancy will occur pe r p
olicy.
6. Interviews:
a. Mayor Appointments: Interviews for Mayoral appointments will be c
onducted by the Mayor outside of the public meeting and scheduled by the Mayor’s Office.
b. City Council Appointments: Interviews for the four (4 ) Civil Service Commission, Planning Commission, Housing Advisory Committee , and P
ort Commission who serve at the City Council’s pleasure and ar e app
ointed by the City Council as a body will be interviewed in the public forum at a City Council Meeting as described below.
7. Mayoral Appointments:
T
he Mayor will make the motion to appoint (naming the appointee) and Councilmembers may second the motion. The City Clerk will then take a roll call
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: November 16, 2021
ADOPTED: June 17, 1986
POLICY # 107
TITLE: Appointments to Boards, Commission and Committees vote of the City Council. A majority vote of the City Council will be required for the appointment. If the majority of the City Council choose to deny the proposed appointment, the Mayor shall either propose an alternative candidate from the current application pool or choose to reopen the application period and return to the City Council at a future City Council Meeting with a different applicant for consideration. If a Mayoral Appointment is not approved by the majority of the City Council by confirmation, that applicant is removed from the pool for that seat. The Mayor will return to a future meeting with a substitute Mayoral appointment.
8. For City Council Appointments, the Interview Process is as follows:
a. The City Clerk will provide an overview of the Board, Commission, or Committee(s) with current vacancy (ies). The Mayor will introduce the applicant and two (2) questions will be asked of each applicant on behalf of the City Council.
b. Each applicant is given two (2) minutes to make a brief introduction of themselves and their qualifications to the City Council.
c. Mayor and City Councilmembers will ask questions of each applicant. All applicants must be asked the same questions.
d. Total time per applicant is five (5) timed minutes with time allowed for clarification at the discretion of the City Council, not to exceed ten (10) minutes total per applicant.
e. All appointments and interviews before the City Council will be scheduled as needed to fill unexpected vacancies, with every effort to be made before an individual's term expires. Interviews may take place at one meeting, with appointments made at a subsequent meeting.
9. Vacancies for City Council Appointed Positions. If the vacancy is for a City Council appointed position, and there is more than one (1) applicant for a given position, the voting process will proceed as follows: Once the interviews are complete, each Councilmember votes for their choice via a written ballot provided by the City Clerk.
Each Councilmember shall print and sign their name
on the ballot. All ballots shall be considered a public record and be open to inspection by the public. The ballots are passed to the City Clerk who announces the number of votes for each candidate.
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: November 16, 2021
ADOPTED: June 17, 1986
POLICY # 107
TITLE: Appointments to Boards, Commission and Committees If the appointment process is conducted via a virtual meeting the process is the same except the ballot/vote process. The City Clerk’s Office will provide a Vote Sheet (a piece of paper electronically) with the name of each applicant to be considered. Th e Mayor will count to three (3) and the Council will hold their vote sheet up in front of their face to make sure it is captured on the camera during the live virtual meeting. The City Clerk will tally the votes and will then confirm the votes with a verb al roll call. The applicant with the most votes is appointed.
In the event of a tie, each Councilmember votes again until one (1) candidate has the majority vote and is declared to be the newly–appointed member of the Board, Commission, or Committee.
10. Re-appointment beyond two terms. Anyone wishing to be re-appointed to any Board, Commission, or Committee and has served two or more full terms already must be approved by a four -fifths vote of the City Council. If all five members of the City Council are not present, or if one member abstains or recuses their vote, the four- fifths requirement shall be changed to require only a simple majority.
11. Report to Council:
All applications received for vacancies , whether Mayoral Appointment or City Council Appointment, will be attached to the staff report to Council. All applications will have private personal information redacted (name, street numbers and name of street address, and phone number). This redacted information is in alignment with Government Code Section 6255(a) because the public interest served by not disclosing the applicant’s personal, private information and protection of the applicant’s right to privacy outweighs the public interest served by disclosi ng that information.
12. An automatic vacancy upon becoming a Non- Resident. An unscheduled vacancy automatically occurs when a resident holding an appointment position on a City Board, Committee, or Commission becomes a non-resident by moving out of National City limits. When an unscheduled vacancy occurs due to a resident becoming a non-resident, the unscheduled vacancy may be filled as follows:
a. A special vacancy notice shall be posted in the Office of the City Clerk, and in other places as directed by the City Council, not earlier than 20 days before or not later than 20 days after the vacancy occurs. Final Appointment at a City Council Meeting shall not be made by the Appointing Authority for at least 10 working days after the posting of the notice in the City Clerk’s Office.
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: November 16, 2021
ADOPTED: June 17, 1986
POLICY # 107
TITLE: Appointments to Boards, Commission and Committees
b. The Appointing Authority may appoint the former resident to a Non - Residential position if a Non-Residential position is vacant.
However, the Appointing Authority may, if it finds that an emergency exist s, fill the unscheduled vacancy immediately. A person appointed to fill the vacancy shall serve only on an acting basis until the final appointment is made pursuant to this section.
13. Only City Residents may be elected to Chair and Vice- Chair positions. To be eligible to be elected as the Chairperson of a City Board, Committee , or Commission, the member must be a resident of the City.
14. Resignations, Attendance, Training, and Removals
Resignation:
If a Commissioner or Member of a Board, Committee, or Commission is unable to continue serving because of health, business requirements, or personal reasons, a letter of resignation shall be submitted to the City Clerk, who will present to the City Council.
Attendance:
Regular attendance at meetings is critical to be effective operation of City Boards, Commissions, and Committees. The City Council relies on the advice of the City’s Boards, Commissions, and Committees, which is the result of discussions among appointed members. The City Council anticipates that members of Boards, Committees, and Commissions shall make every reasonable effort to attend all regular and special meetings of their respective Boards , Commissions, and Committees, and to be prepared to discuss matters on their respective agendas.
A Commissioner or Member of a Board, Committee, or Commission shall be considered removed from any advisory board under the following conditions:
1. A Commissioner or Member of a Board, Committ ee, or Commission with unexcused absences from three consecutive regularly scheduled meetings.
2. A Commissioner or Member of a Board, Committee, or Commission misses more than 25% of the advisory body’s meetings in a calendar year.
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: November 16, 2021
ADOPTED: June 17, 1986
POLICY # 107
TITLE: Appointments to Boards, Commission and Committees
3. A Commissioner or Member of a Board, Committee, or Commission must be present at least one hour, or 50% of the entire meeting, whichever is less, to be counted as present for purposes of attendance.
Excused Absences:
An “excused absence” is only granted when absolutely necessar y and pre - approved if at all possible. The City Council encourages Boards, Commissions, and Committees to refrain from scheduling meetings on cultural and religious holidays in order to encourage full participation by all Commissioners, Board Members, and the public. The pre-approval of excused absences will be by the body as a whole and documented in the meeting minutes.
Excused absences are listed as follows:
1. Illness of the Commissioner or Member of the Board, Committee, or Commission, their family member, or their personal friend;
2. Business commitment of the Commissioner or Member of the Board, Committee, or Commission that interferes with the attendance at a meeting;
3. Attendance of the Commissioner or Member of the Board, Committee, or Commission at a funeral, religious service or ceremony, wedding, or other similarly-significant event; or
4. Other reason for which the Commissioner or M ember of the Board, Committee, or Commission has given notice to the Chairperson or Secretary of their unavailability fifteen (15) days in advance, as long as the unavailability is not expected to last longer than 30 days.
Removal:
The Secretary or Lead of each Board , Commission, or Committee will report the attendance to the Office of the City Clerk on a monthly basis. If the attendance or absences fall within these guidelines , the Office of the City Clerk will prepare a report to City Council for review and possible removal of the Commissioner, Member, or Alternate sitting on the Board, Committee, or Commission. Any Commissioner, Member, or Alternate 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.
Mandatory Training and Filing Requirements:
Commissioners and Members of Board, Committee, or Commission, as appointed by the legislative body, are entrusted with certain responsibilities and
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: November 16, 2021
ADOPTED: June 17, 1986
POLICY # 107
TITLE: Appointments to Boards, Commission and Committees concomitant training and reporting. The following are requirements of Commissioners and Members of Boards, Commissions, and Committees. This training is required to be completed within 30 days of appointment or notification.
1. Oath of Office (Article XX of the California Constitution, and California Government Code Section 36507)
2. Fair Political Practices Commission (FPPC) Statement of Economic Interest Form 700 Filing (California Government Code Section 87100 et seq)
3. AB1234 Ethics Training (California Government Code Section 53235.1(b))
4. Sexual Harassment Training
5. Brown Act Training
6. Social Media Training
7. Any training required by State Law, Federal Law, or City Policies.
All training is offered in a variety of formats including in person, via Zoom, training website/software , and pre -recorded video. Currently, t hese are all requirements of the Mayor and City Council, and City staff.
Removal:
Failure to complete any of these requirements within 30 days of the appointment date or date of notification is cause for automatic removal.
Related Policy References
Government Code S ection 40605
Government Code Section 54970, et seq.
Article XX of the California Constitution, and California Government Code Section 36507 California Government Code Section 53235 (b)
California Government Code Section 871 00 et seq
National City Municipal Code Title 16 (pending)
Prior Policy Amendments:
February 2, 2021 (Resolution No. 2021- 08)
May 19, 2020 (Resolution No. 2020- 95)
November 9, 1993 (Resolution No. 93-173)
June 11, 2013 (Revised – No Resolution – Refer to Meeting Minutes) October 8, 2013 (Resolution No. 2013-147)
May 19, 2020 (Resolution No. 2020-20)
BOARDS, COMMISSION AND
COMMITTEES (11)
TOTAL MEMBERS
(51+)
BOARD OF
LIBRARY TRUSTEE
(5 Members)
CIVIL SERVICE
COMMISSION
(5 Members)
COMMUNITY AND
POLICE RELATIONS
COMMISSION
(8 Members)
PARK,
RECREATION
AND SENIOR
CITIZENS'
ADVISORY
COMMITTEE
(7 Members)
PLANNING
COMMISSION
and HOUSING
ADVISORY
COMMITTEE
(7 Members)
2 Ex Officio
PORT
COMMISSION
(1 Member)
PUBLIC ART
COMMITTEE
(5 Members)
SWEETWATER
AUTHORITY
(1 Member)
TRAFFIC SAFETY
COMMITTEE
(5 Members)
TERM 3 Years 5 Years 3 Years 3 Years 4 Years 4 Years 3 Years 4 Years 3 Years RESIDENCY REQUIREMENT Yes Yes
5 Resident
up to 2 Non-Resident
(1) Non-Voting
Member Yes Yes Yes No n/a Yes
VOTER REQUIREMENT No No No No No No No No No
MAYORAL APPOINTMENT SUBJECT TO
CONFIRMATION BY THE CITY COUNCIL X X X X X X
CITY COUNCIL AS A BODY APPOINTMENT X X X
COMPENSATION No No No No
Compensation set
by Council
Resolution No No No No
FORM 700 FILING REQUIREMENT Yes Yes Yes No Yes n/a No n/a No MEETINGS 1 X per month
1X every other
month 1X every 3 months
1X every 2
months 2X per month n/a 1X per quarter n/a 1X per month
REQUIRED TO REPORT TO COUNCIL
ANNUALLY
Yes, on or before
August 31st and to
the State Librarian Yes Yes Yes Yes Yes Yes Yes Yes
OTHER
Can not be
salaried employee
or holds office of
the City
BOARDS/COMMISSION/COMMITTEES
**Effective February 2, 2020 all Chair and Vice-Chairs are required to be NC Residents CITY COUNCIL POLICY #107 and NCMC TITLE 16
AGENDA REPORT
Department: Engineering and Public Works
Prepared by: Luca Zappiello, Associate Engineer - Civil Meeting Date: Tuesday, May 7, 2024
Approved by: Benjamin A. Martinez, City Manager
=
SUBJECT:
Acceptance of State Active Transportation Grant Funds for the Construction Phase of the Central Community Mobility Enhancements Project, CIP No. 19-23.
RECOMMENDATION:
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Authorizing the Establishment of an Appropriation of $1,095,000 and a Corresponding Revenue Budget for the Construction P hase of the Central Community Mobility Enhancements Project, CIP 19-23, Reimbursable through the State Active Transportation Program approved by Caltrans; and 2) Committing to Providing a Local Match in the Amount of $442,000.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
Project Description
The Central Community Mobility Enhancements Project, CIP 19-23, will deliver approximately 1.7 miles of bicycle facilities providing north -south connections through the Central, Olivewood and Las Palmas neighborhoods in National City (see attached exhibit A). More specifically, the project alignment runs along M Avenue from 4th Street to 8th Street, turns east on 8th Street to N Avenue, continues on N Avenue from 8th Street to Plaza Blvd., and then shifts onto L Avenue from Plaza Blvd. to 30th Street. Class II and Class III bicycle facilities will be constructed, as well as bicycle boxes at the intersections of L Avenue & Plaza Blvd. and L Avenue & 18th Street. Street resurfacing will be provided along the corridors to provide a smooth travel surface for bicyclists.
In addition to completing this important segment of the City’s bicycle network, the project will also improve pedestrian access by reconstructing N Avenue north of Plaza Blvd. to eliminate the existing dirt mound, which currently presents a barrier to walk ing and biking, and install new sidewalk to strengthen connections between residential neighborhoods to the north and commercial to the south. The project will also deliver traffic calming eleme nts such as curb extensions at key intersections.
Notably, staff reviewed the 90% project plans and worked with the design team to make refinements such that no on-street parking spaces will be lost in residential neighborhoods.
Timeline
In July 2018, staff submitted a Cycle 4 Active Transportation Program (ATP) grant application to the California Department of Transportation (Caltrans) for the Central Community Mobility Enhancements Project.
On January 30, 2019, Caltrans awarded a $1,286,000 State ATP grant for the Central Community Mobility Enhancements Project. On March 26, 2020, Caltrans provided the agreement to the City for execution.
On June 2, 2020, the City Council authorized the Mayor to execute Program Supplement Agreement (PSA) No. U52 with Caltrans for the Central Community Mobility Enhanceme nts Project to allow for reimbursement of up to $43,000 in eligible project expenditures through the State ATP; and 2) authorizing the establishment of an Engineering Grant Funds appropriation of $43,000 and corresponding revenue budget.
On May 12, 2022, the City submitted an allocation request to Caltrans requesting to allocate funding for the Plans, Specifications, and Estimate (PS&E) phase, and for the Right-of-Way (R/W) phase.
On October 6, 2022, Caltrans issued an Authorization Letter allocating $148,000 ($104,000 PS&E phase and $44,000 R/W phase) with a local match of $22,000 ($16,000 PS&E phase and $6,000 R/W phase).
On April 28, 2023, the City submitted an allocation request to Caltrans requesting to allocate funding for the Construction (CON) phase.
On July 14, 2023, Caltrans issued an Authorization Letter allocating $1,095,000 for the Construction phase with a local match of $442,000 (see attached Exhibit B). The Finance Letter from Caltrans followed on September 1, 2023. Therefore, staff recommends, 1) authorizing the establishment of an appropriation of $1,095,000 and a corresponding revenue budget for the Construction phase of the Central Community Mobility Enhancements Project, reimbursable through the State Active Transportation Program ap proved by Caltrans; and 2) committing to providing a local match in the amount of $442,000 for the Construction phase. The local match will be applied to street resurfacing for the project. Gas Tax Funds (SB1 -RMRA) were appropriated through prior City Council actions.
The project needs to be advertised for construction bidding by the end of this summer to meet grant requirements for construction award by December 2024.
FINANCIAL STATEMENT:
ATP Grant - $1,095,000
Revenue Account No. 296-06588-3498
Expenditure Account No. 296-409-500-598-6588
Required Local Match - $442,000; Gas Tax Funds (SB1-RMRA) were appropriated through prior City Council actions
Expenditure Account No. 109-409-500-598-6035
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Transportation Choices and Infrastructure
ENVIRONMENTAL REVIEW:
This is a project under CEQA subject to a Categorical Exemption. Existing Facilities. CCR 15301(c).
PUBLIC NOTIFICATION:
Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A – Map
Exhibit B – Finance Letter
Exhibit C – Resolution
Central
Elementary
School
Plaza
Commercial
Area
National
City
Middle School
John A Otis
Elementary
School
Sweetwater
Union
High School
Olivewood
Elementary
School
Las Palmas
Park
Sweetwater
Shopping
Plaza
Walmart
Las Palmas
Elementary
School
Kimball
Park
Senior
Housing
Plaza Village
Senior Living
4th Street
8th Street
Plaza Boulevard
16th Street 18th Street 24th Street
30th Street
Palm Avenue
Highland Avenue
D Avenue
M Avenue
N Avenue
L Avenue
City of
National City
805
N Avenue Infrastructure Gap
Class III Bike Route
4th Street, National City
Class II Bike Lane
4th Street, National City
Bicycle Boxes
D Ave & 18th St, National City
Bike Boxes
Bike Boxes
Highest employment
density in National City
LEGEND
Note: Bicycle Loop Detectors to be installed
at all signalized intersections
* Refer to Bike Master Plan
Class II - Bike Lane
Install two 6’ Buffered Bicycle Lanes
Class III - Bike Route
Install Sharrows and Signage
New Sidewalk
Existing Class II - Bike Lane
Existing Class III - Bike Route
Existing Class II In Design
Future Class I, II, or III Bikeway*
Future Pedestrian Path*
PROPOSED IMPROVEMENTS
BIKE FACILITIES
OTHER
Existing Bus Stop
Future BRT Station - SBBRT (2030)
Existing Super Markets
&ʑQʤUɪɗ&ʝPʛʦʜLʤɨ0ɼʍɵʙLʤɨ(ɻKʋQȪʑȷʑQWɡ
Project Improvement Map
July 2018Page 34 of 263
FINANCE LETTER
09/01/2023
11-SD-0-NATC
ATPSB1L-5066(048)
1120000089
DEPARTMENT OF TRANSPORTATION
To: City of National City
Date:
D_CO_RT:
Project No:
Adv. Project Id:
Project End Date:
EA No:
$1,757,000Est Tot Proj Costs:
PRO RATA OR
LUMP SUM
LOCALFINANCE ITEMS PART. COSTTOTAL COST OF
WORK
STATE (ATP) OTHER
/SB1A
$50,000.00 $0.00$7,000.00$43,000.00Agency Preliminary Engineering - PA/ED
$50,000.00
$0.00 $0.00$0.00$0.00Blank $0.00
$120,000.00 $0.00$16,000.00$104,000.00Plans, Specifications & Estimates $120,000.00 $0.00 $0.00$0.00$0.00Blank $0.00
$50,000.00 $0.00$6,000.00$44,000.00Right of Way $50,000.00 $0.00 $0.00$0.00$0.00$0.00
Contract Items: $1,236,000
Contingencies: $124,000
Total: $1,360,000
$1,360,000.00 $0.00$265,000.00$1,095,000.00Construction $1,360,000.00 $177,000.00 $0.00$177,000.00$0.00Agency Construction Engineering $177,000.00 $1,757,000.00 $1,757,000.00 $1,286,000.00 $471,000.00 $0.00Totals:
Participation Ratio: 100% This Finance Letter was created based on specific financial information provided by the responsible local agency. The following encumbrance history is prepared by Local Assistance Accounting Office and is provided here for local agency's information and action.
Signature:
HQ Local Assistance Area EngineerTitle:
REQ#3: CTC allocated $1,095,000 of ATP State only funds for CONST component, on 06/29/2023 CTC meeting, under PPNO 1360. *Agency is paying for CE and Contingency.
(279) 444-7828
Daniel BuiPrinted Name:
Telephone No:
For questions regarding finance letter, contact:
Remarks:
____ ___________
FINANCE LETTER
09/01/2023
11-SD-0-NATC
ATPSB1L-5066(048)
1120000089
DEPARTMENT OF TRANSPORTATION
To: City of National City
Date:
D_CO_RT:
Project No:
Adv. Project Id:
Project End Date:
EA No:
$1,757,000Est Tot Proj Costs:
ADV. PROJECT ID APPROP.
UNIT STATE PROG. FED/ STATE ENCUMBRANCE
AMOUNT
APPROP
YEAR
EXPENDITURE
AMOUNT
ENCUMBRANCE
BALANCE
REVERSION
DATE*
APPROVED
AMOUNT
EXPIRATION
DATE
Cooperative Work AgreementACCOUNTING INFORMATION ATPSB1L-5066(048) 1120000089 22102 2030720100 $1,095,000.00 2122 $0.00 $1,095,000.00 06/30/2027 1120000089 22108 2030720100 $148,000.00 2122 $0.00 $148,000.00 06/30/2027 1120000089 19108 2030720100 $43,000.00 1819 $2,934.75 $40,065.25 06/30/2024 *Please submit invoices to the appropriate Districts by April 1st to avoid funds lapsing on the June 30th reversion date listed above and to allow sufficient time for Accounting and SCO year-end closing procedures.
*Please refer to the applicable CTC Guidelines for Timely Use of Funds (TUF) Provisions. Also refer to your allocation notification letter(s) for allocation-specific TUF deadlines.
RESOLUTION NO. 2024 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1) AUTHORIZING THE ESTABLISHMENT OF AN APPROPRIATION OF $1,095,000 AND A
CORRESPONDING REVENUE BUDGET FOR THE CONSTRUCTION PHASE OF THE CENTRAL COMMUNITY MOBILITY ENHANCEMENTS PROJECT, CIP NO. 19 -23,
REIMBURSABLE THROUGH THE STATE ACTIVE TRANSPORTATION PR OGRAM APPROVED BY CALTRANS; AND 2) COMMITTING TO PROVIDING A LOCAL MATCH IN THE AMOUNT OF $442,000.
WHEREAS, the Central Community Mobility Enhancements Project, CIP 19 -23, will provide approximately 1.7 miles of bicycle facilities providing north-south connections through the Central, Olivewood and Las Palmas neighborhoods in National City (the “Project”); and
WHEREAS, the Project needs to be advertised for construction bidding by August 2024 to meet grant requirements for construction award by December 2024; and
WHEREAS, in July 2018, staff submitted a Cycle 4 Active Transportation Program (“ATP”) grant application to the California Department of Transportation (“Caltrans”) for the Project; and WHEREAS, on January 30, 2019, Caltrans awarded a $1,286,000 ATP grant to the City of National City (“City”) for the Project; and
WHEREAS, the $ 1,286,000 award was distributed by Project phases, including Agency Preliminary Engineering (“PA/ED”) – $43,000; Plans, Specifications, and Estimate (“PS&E”) – $104,000; Right-of-Way (“R/W”) – $44,000; and Construction – $1,095,000; and WHEREAS, on June 2, 2020, the City Council adopted Resolution No. 2020 -99 authorizing the Mayor to execute Program Supplement Agreement (“PSA”) No. U52 with Caltrans for the Project to allow for reimbursement of up to $43,000 in eligible Project expenditures through the ATP grant; and 2) authorizing the establishment of an Engineering Grant Funds appropriation of $43,000 and corresponding revenue budget; and
WHEREAS, on May 12, 2022, the City submitted an allocation request to Caltrans requesting to allocate funding for the PS&E phase and R/W phase; and WHEREAS, on October 6, 2022, Caltrans issued an Authorization Letter allocating $148,000 ( $104,000 PS&E phase and $44,000 R/W phase) with a local match of $22,000 ($16,000 PS&E phase and $6,000 R/W phase); and
WHEREAS, on April 28, 2023, the City submitted an allocation request to Caltrans requesting to allocate funding for the Construction phase; and WHEREAS, on July 14, 2023, Caltrans issued an Authorization Letter allocating $1,095,000 for the Construction phase with a local match of $442,000; and WHEREAS, Gas Tax Funds (SB1 -RMRA) were appropriated through prior City Council actions to satisfy the local match requirement; and
WHEREAS, City staff recommends City Council adopt this Resolution authorizing the establishment of an appropriation and corresponding revenue budget to allow for reimbursement of up to $1,095,000 in eligible Project expenditures through the ATP grant and committing to a local match of $442,000.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: That the City Council hereby authorizes the establishment of an appropriation of $1,095,000 and a corresponding revenue budget for the Construction phase of the Central Community Mobility Enhancements Project, CIP 19-23, reimbursable through the State Active Transportation Program approved by Caltrans.
Section 2: That the City Council hereby a uthorizes the commitment to a local match in the amount of $442,000 utilizing Gas Tax Fund (SB1 -RMRA) appropriations previously established.
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
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:
Agreements with Fozi Dwork and Modafferi, LLP and Burke, Williams and Sorensen, LLP for Legal Services in the Specialized Area of Litigation.
RECOMMENDATION:
Adopt the Resolution Entitled “Resolution of the City Council of the City of National City, California, Authorizing Agreements with the Law Firm s of Fozi Dwork and Modafferi, LLP , and Burke, Williams and Sorensen, LLP for Legal Services in the Specialized Area of Litigation.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
The City of National City (“City”) engages outside legal support for specialized areas. The City is in need of additional law firms to provide specialized legal services in connection with matters involving Public Agency litigation. Fozi Dwork and Modafferi, LLP and Burke Williams and Sorensen, LLP are experienced law firms that represent public agencies in all stages of litigation.
FINANCIAL STATEMENT:
Sufficient appropriations are available in the General Fund . Services will be provided on an as needed basis.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Not Applicable
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065.
PUBLIC NOTIFICATION:
The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A – Agreement with Fozi Dwork and Modafferi, LLP Exhibit B – Agreement with Burke Williamson and Sorensen, LLP Exhibit C - Resolution
AGREEMENT FOR LEGAL SERVICES
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
FOZI DWORK & MODAFFERI, LLP
THIS AGREEMENT FOR LEGAL SERVICES (the “Agreement”) is made as of the ___ day of May 2024 between THE CITY OF NATIONAL CITY , a municipal corporation , (the “CITY”) and FOZI DWORK & MODAFFERI, LLP , (the “FIRM”). This Agreement sets forth the parties’ mutual understanding concerning legal services to be provided by the FIRM and the fee arrangement for said services.
Article 1. Retainer. The CITY hereby retains the FIRM to assist in representing the CITY in connection with litigation and government claim issues, subject to this Agreement.
Article 2. Effective Date and Term . This Agreement shall be effective on May_____, 202 4 and continue until written notice of cancellation. This Agreement may be terminated at any time by either party with sixty (60) days’ written notice to the other. Notice of termination by the FIRM shall be given to the City Attorney.
Article 3. Scope of Services. The CITY shall have the right in its sole discretion to determine the particular services to be performed by the FIRM under this Agreement. These services may include the following: consultation with the City Attorney and Risk Management on government claims, defense of the CITY on litigated matters (including, but not limited to, San Diego Unified School District v. City of San Diego, et al., San Diego Superior Court Case No. 37- 2020-00027878-CU-TT-CTL), advice and counsel to the City Council, and communications with CITY staff (“Legal Services”). In addition, the C ITY may increase the scope of work with the FIRM’s agreement, and such additional work will be confirmed via a letter that shall bring such work within the scope of this Agreement. It is expected that the FIRM will work with the City Attorney and CITY staff.
Article 4. Compensation. Compensation paid under this Agreement shall be $275.00 per hour.
A. The FIRM shall not use more than one attorney for the same specific task without the CITY’S approval. The FIRM may use the minimum number of attorneys for this engagement consistent with good professional practice after consulting with and obtaining approval by the CITY.
B. The FIRM agrees to document a plan and budget consistent with the scope of services described above in Article 3 to be agreed to by the City Attorney and the FIRM. The CITY shall not be obligated to pay the FIRM amounts not discussed, budgeted, and agreed to before being incurred by the FIRM.
C. The CITY has appropriated or otherwise duly authorized the payment of an amount not to exceed $75,000.00 per case for the Legal Services identified in Article 3. In no
event shall the total fees plus out -of-pocket disbursements exceed this amount without written authorization of the CITY.
D. The FIRM shall keep the CITY advised monthly as to the level of attorney hours and client services performed under Article 1. Th e FIRM will charge the CITY for travel time from the FIRM’S San Diego Office.
E. The CITY further agrees to reimburse the FIRM, in accordance with the procedures set forth in this Article, for telephone, fax, mail, messengers, federal express deliveries, document reproduction, client -requested clerical overtime, lodging, and similar out -of-pocket expenses charged by the FIRM as a standard practice to its clients generally, with the exception of travel and meals. In any billing for disbursements, the FIRM shall provide the CITY with a statement breaking down the amounts by category of expense. The following items shall not be reimbursed, unless the CITY has specifically agreed otherwise:
(1) Word Processing, clerical or secretarial charges, whether expressed as a dollar disbursement or time charge.
(2) Storage of open or closed files, rent, electricity, local telephone, postage, receipts or transmission of telecopier documents, or any other items traditionally associated with overhead.
(3) Photocopy charges in excess of $.15 (fifteen cents) per page. (4) Auto mileage rates in excess of the rate approved by the Internal Revenue Service for income tax purposes.
(5) Secretarial overtime. Where case requirements demand overtime, the CITY will consider rei mbursement on a case -by-case basis. The CITY will not reimburse overtime incurred for the convenience of the FIRM’S failure to meet deadlines known in advance. (6) Equipment, books, periodicals, research materials, Westlaw/Lexis or like items.
(7) Express charges, overnight mail charges, messenger services or the like, without the CITY’S prior consent. The CITY expects these expenses to be incurred in emergency situations only. Where case necessity requires the use of these services, the CITY will consider reimbursement on a case-by-case basis.
(8) Travel and meals.
(9) Late payment charge or interest after 30-days of receipt of approved invoice.
F. Bills from the FIRM should be submitted to Barry J. Schultz., City Attorney, 1243 National City Boulevard, National City, CA 91950-4301. The individual time and disbursement records customarily maintained by the FIRM for billing evaluation and review purposes shall be made available to the CITY in support of bills rendered by the FIRM.
G. The FIRM agrees to forward to the CITY a statement of account for each one-month period of services under this Agreement, and the CITY agrees to compensate the FIRM on this basis. The FIRM will consult monthly with the CITY as to the number of attorney hours and client disbursements which have been incurred to date under this Agreement, and as to future expected levels of hours and disbursements.
H. Billing Format. Each billing entry must be complete, discrete and appropriate.
(1) Complete.
(a) Each entry must name the person or persons involved. For instance, telephone calls must include the names of all participants. (b) The date the work was performed must be included.
(c) The hours should be billed in .10 hour increments.
(d) The specific task performed sho uld be described, and the related work product should be reference (“telephone call re: trial brief,” “interview in preparation for deposition”).
(e) The biller ’s professional capacity (partner, associate, paralegal, etc.) should be included.
(2) Discrete: Each task must be set out as a discrete billing entry; neither narrative nor block billing is acceptable.
(3) Appropriate.
(a) The CITY does not pay for clerical support, administrative costs, overhead costs, outside expenses or excessive expen ses. For example, the CITY will not pay for secretarial time, word processing time, air conditioning, rental of equipment, including computers, meals served at meetings, postage, online research, or the overhead costs of sending or receiving faxes. Neither will the CITY pay for outside expenses such as messenger delivery fees, outside photocopying, videotaping of depositions, investigative services, outside computer litigation support services, or overnight mail.
(b) The CITY will pay reasonable late charges and the City will pay approved monthly invoices within 30 calendar days of receipt.
I. Staffing. Every legal matter should have a primary responsible attorney.
Ultimately, staffing is a CITY decision, and the CITY’S representative may review staff ing to ensure that it is optimal to achieve the goals of the engagement at the least cost.
(1) Paralegals are to be used to the maximum extent possible to enhance efficiency and cost -effectiveness. All tasks typically considered associate work should be considered for assignment to a paralegal. Written authorization from the CITY must be had before associate hours billed exceed paralegal hours billed.
(2) Once an attorney is given primary responsibility for an engagement, that person should continue on the legal matter until the matter is concluded or the attorney leaves the FIRM. The CITY will not pay the costs of bringing a new attorney up to speed.
(3) If more than one attorney is going to perform the same task, prior approval from the CITY must be had. This includes document review.
Article 5. Independent Contractor . The FIRM shall perform services as an independent contractor. It is understood that this contract is for unique professional services.
Accordingly, the duties specified in this Agreement may not be assigned or delegated by the FIRM
without prior written consent of the CITY. Retention of the FIRM is based on the particular professional expertise of the individuals rendering the services required in the Scope of Services.
Article 6. Confidentiality of Work. All work performed by the FIRM including but not limited to all drafts, data, correspondence, proposals, reports, and estimates compiled or composed by the FIRM pursuant to this Agreement is for the sole use of the CITY. All such work product shall be confidential and not released to any third party without the prior written consent of the CITY.
Article 7. Compliance with Controlling Law . The FIRM shall comply with all applicable laws, ordinances, regulations, and policies of the federal, state, and local governments as they pertain to this Agreement. In addition, the FIRM shall comply immediately with any and all directives issued by the CITY or its authorized representatives under au thority of any laws statutes, ordinances, rules, or regulations. The laws of the State of California shall govern and control the terms and conditions of this Agreement.
Article 8. Acceptability of Work. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due.
If the FIRM and the CITY cannot agree to the quality or acceptability of the work, the manner of performance, or the compensation payable to the FIRM in this Agreement, the CITY or the FIRM shall give to the other written notice. Within ten (10) business days, the FIRM and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance or the compensation payable to the FIRM.
Article 9. Indemnification. The FIRM agrees to indemnify , defend, and hold the CITY and its agents, officers, employees , and volunteers harmless from and against all claims asserted or liability established for damages or injuries to any person or property, including injury to the FIRM’S employees, agents, or officers, which arise from or are connected with or caused or claimed to be caused by the acts or omissions of the FIRM and its agents, officers, or employees in performing the work or other obligations under this Agreement, and all expenses of investigating and defending against same; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers, employees, or volunteers.
Article 10. Insurance. The FIRM, at its sole cost and expens e, shall purchase and maintain throughout the term of this Agreement, the following insurance policies:
A. Professional Liabil ity Insurance (errors and omissions) with minimum limits of $1,000,000 per claim.
B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided.
C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to the “location”. The “location” should be noted with specificity on an endorsement that shall be incorporated into the policy.
D. Workers’ Compensation Insurance in an amount sufficient to meet statutory requirements covering all of FIRM’S employees and employers’ liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement.
E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY’s Risk Manager, at the address listed in subsection G below, of cancellation or material change.
F. If required insurance coverage is provided on a “claims made” rather than “occurrence” form, the FIRM shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the “retro” date must be on or before the date of this Agreement.
G. The Certificate Holder for all policies of insurance required by this Section shall be:
City of National City
c/o Risk Manager
1243 National City Boulevard
National City, CA 91950-4397
H. Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder’s alphabetic and financial size category rating of not less than A:VII according to the current Best’s Key Rating Guide, or a company of equal financial stability that is approved by the CITY’S Risk Manager. In the event coverage is provided by non- admitted “surplus lines” carriers, they must be included on the most recent List of Approved Surplus Line Insurers (“LASLI”) and otherwise meet rating requirements.
I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY’S Risk Manager. If the FIRM does not keep all insurance policies required b y this Article 10 in full force and effect at all times during the term of this Agreement, the CITY may treat the
failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein.
J. All deductibles and self-insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. CITY reserves the right to modify the insurance requirements of this Article 10, including limits, based on the nature of the risk, prior experience, insurance, coverage, or other special circumstances.
K. If the FIRM maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher limits (or both) maintained by the FIRM. Any avai lable insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.
Article 11. Drug Free Work Place . The FIRM agrees to comply with the CITY’S Drug-Free Workplace requirements. Every person award ed a contract by the CITY for the provision of services shall certify to the CITY that it will provide a drug -free workplace. Any subcontract entered into by the FIRM pursuant to this Agreement shall contain this provision.
Article 12. Non-Discrimination Provisions. The FIRM shall not discriminate against any subcontractor, vendor, employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The FIRM will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such actio n shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprentice ship. The FIRM agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause.
Article 13. Notification of Change in Form. The FIRM has the right to effect changes in form including but not limited to the change in form from a partnership to a professional law corporation; the change in form of any partner or partners from an individual or individuals to a professional law corporation ; the change in form of any corporate partner or partners to any individual partners. The CITY shall be promptly notified in writing of any change in form.
Article 14. Notices. In all cases where written notice is to be given under this Agreement, service shall be deemed sufficient if said notice is deposited in the United States mail, postage paid. When so given, such notice shall be effective from the date of mailing of the notice.
Unless otherwise provided by notice in writing from the respective pa rties, notice to the Agency shall be addressed to:
City Attorney
City of National City
1243 National City Boulevard
National City, CA 91950-4397
cc: Executive Assistant to the City Attorney
City of National City
1243 National City Boulevard
National City, CA 91950-4397
and to: [email protected]
[email protected]
Notice to the FIRM shall be addressed to:
Golnar Fozi
Fozi Dwork & Modafferi, LLP
5942 Priestly Drive, Suite 100
Carlsbad, California 92008
and to: [email protected]
Nothing contained in this Agreement shall preclude or render inoperative service or such notice in the manner provided by law.
Article 15. Administrative Provisions.
A. Time of Essence . Time is of the essence for each provision of this Agreement.
B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument.
C. Headings. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof.
D. California Law . This Agreement shall be construed and interpreted in accordance with the laws of the State of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California.
E. Integrated Agreement. This Agreement including attachments and exhibits contains all of the agreements of the parties and all prior negotiations and agreements are merged in this Agreement. This Agreement cannot be amended or modified except by written agreement, and mutually agreed upon by the CITY and the FIRM.
F. Severability. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render the other provisions unenforceable, invalid, or illegal.
G. Waiver. The failure of the CITY to enforce a particular condition or provision of this Agreement shall not constitute a waiver of that condition or provision or its enforceability.
H. Conflict of Interest. During the term of this Agreement, the FIRM shall not perform services of any kind for any person or entity whose interests’ conflict in any way with those of the CITY. This prohibition shall not preclude the CITY from expressly agreeing to a waiver of a potential conflict of interest under certain circumstances.
I. No Obligations to Third Parties . Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.
J. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control.
K. Construction. The parties acknowledge and ag ree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, and (iii) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written.
CITY OF NATIONAL CITY
By: __________________________
Ron Morrison, Mayor
APPROVED AS TO FORM:
By: ____________________________
Barry Schultz Esq., City Attorney
FOZI DWORK & MODAFFERI , LLP
(Corporation – signatures of two corporate officers)
By: ___________________, Esq.
Title: Golnar Fozi, Managing Partner
By: ____________________, Esq.
Title: ___________________________
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AGREEMENT FOR LEGAL SERVICES
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
BURKE, WILLIAMS & SORENSEN, LLP
THIS AGREEMENT FOR LEGAL SERVICES (the “Agreement”) is made as of the ___ day of May 2024 between THE CITY OF NATIONAL CITY, a municipal corporation, (the “CITY”) and BURKE, WILLIAMS & SORENSEN, LLP, (the “FIRM”). This Agreement sets forth the parties’ mutual understanding concerning legal services to be provided by the FIRM and the fee arrangement for said services.
Article 1. Retainer. The CITY hereby retains the FIRM to assist in representing the CITY in connection with litigation and government claim issues, subject to this Agreement.
Article 2. Effective Date and Term . This Agreement shall be effective on May_____, 2024 and continue until written notice of cancellation. This Agreement may be terminated at any time by either party with sixty (60) days’ written notice to the other. Notice of termination by the FIRM shall be given to the City Attorney.
Article 3. Scope of Services. The CITY shall have the right in its sole discretion to determine the particular services to be performed by the FIRM under this Agreement. These services may include the following: consultation with the City Attorney and Risk Management on government c laims, defense of the CITY on litigated matters, advice and counsel to the City Council, and communications with CITY staff (“Legal Services”). In addition, the CITY may increase the scope of work with the FIRM’s agreement, and such additional work will be confirmed via a letter that shall bring such work within the scope of this Agreement. It is expected that the FIRM will work with the City Attorney and CITY staff.
Article 4. Compensation. Compensation paid under this Agreement shall be as set forth in the Proposal Letter attached as Exhibit A.
A. The FIRM shall not use more than one attorney for the same specific task without the CITY’S approval. The FIRM may use the minimum number of attorneys for this engagement consistent with good professional practice after consulting with and obtaining approval by the CITY.
B. The FIRM agrees to document a plan and budget consistent with the scope of services described above in Article 3 to be agreed to by the City Attorney and the FIRM. The CITY shall not b e obligated to pay the FIRM amounts not discussed, budgeted, and agreed to before being incurred by the FIRM.
C. The CITY has appropriated or otherwise duly authorized the payment of an amount not to exceed $75,000.00 per case for the Legal Services ident ified in Article 3. In no event shall the total fees plus out -of-pocket disbursements exceed this amount without written authorization of the CITY.
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D. The FIRM shall keep the CITY advised monthly as to the level of attorney hours and client services per formed under Article 1. The FIRM will charge the CITY for travel time from the FIRM’S San Diego Office unless otherwise authorized in advance by the CITY.
E. The CITY further agrees to reimburse the FIRM, in accordance with the procedures set forth in this Article, for telephone, fax, mail, messengers, federal express deliveries, document reproduction, client -requested clerical overtime, lodging, and similar out -of-pocket expenses charged by the FIRM as a standard practice to its clients generally, with the exception of travel and meals. In any billing for disbursements, the FIRM shall provide the CITY with a statement breaking down the amounts by category of expense. The following items shall not be reimbursed, unless the CITY has specifically agreed otherwise:
(1) Word Processing, clerical or secretarial charges, whether expressed as a dollar disbursement or time charge.
(2) Storage of open or closed files, rent, electricity, local telephone, postage, receipts or transmission of telecopier documents, o r any other items traditionally associated with overhead.
(3) Photocopy charges in excess of $.15 (fifteen cents) per page. (4) Auto mileage rates in excess of the rate approved by the Internal Revenue Service for income tax purposes.
(5) Secretarial overt ime. Where case requirements demand overtime, the CITY will consider reimbursement on a case -by-case basis. The CITY will not reimburse overtime incurred for the convenience of the FIRM’S failure to meet deadlines known in advance. (6) Equipment, books, pe riodicals, research materials, Westlaw/Lexis or like items.
(7) Express charges, overnight mail charges, messenger services or the like, without the CITY’S prior consent. The CITY expects these expenses to be incurred in emergency situations only. Where case necessity requires the use of these services, the CITY will consider reimbursement on a case-by-case basis.
(8) Travel and meals.
(9) Late payment charge or interest after 30-days of receipt of approved invoice.
F. Bills from the FIRM should be submitted to Barry J. Schultz., City Attorney, 1243 National City Boulevard, National City, CA 91950-4301. The individual time and disbursement records customarily maintained by the FIRM for billing evaluation and review purposes shall be made available to the CITY in support of bills rendered by the FIRM.
G. The FIRM agrees to forward to the CITY a statement of account for each one-month period of services under this Agreement, and the CITY agrees to compensate the FIRM on this basis. The FIRM will consult monthly with the CITY as to the number of attorney hours and client disbursements which have been incurred to date under this Agreement, and as to future expected levels of hours and disbursements.
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H. Billing Format. Each billing entry must be compl ete, discrete and appropriate.
(1) Complete.
(a) Each entry must name the person or persons involved. For instance, telephone calls must include the names of all participants. (b) The date the work was performed must be included.
(c) The hours should be billed in .10 hour increments.
(d) The specific task performed should be described, and the related work product should be reference (“telephone call re: trial brief,” “interview in preparation for deposition”).
(e) The biller’s professional capacity (part ner, associate, paralegal, etc.) should be included.
(2) Discrete: Each task must be set out as a discrete billing entry; neither narrative nor block billing is acceptable.
(3) Appropriate.
(a) The CITY does not pay for clerical support, administrative costs, overhead costs, outside expenses or excessive expenses without prior authorization by the CITY. For example, the CITY will not pay for secretarial time, word processing time, air conditioning, rental of equipment, including computers, meals served at meetings, postage, online research, or the overhead costs of sending or receiving faxes. Neither will the CITY pay for outside expenses such as messenger delivery fees, outside photocopying, videotaping of depositions, investigative services, outside computer litigation support services, or overnight mail without prior authorization by the CITY.
(b) The CITY will pay reasonable late charges and the City will pay approved monthly invoices within 30 calendar days of receipt.
I. Staffing. Every legal m atter should have a primary responsible attorney.
Ultimately, staffing is a CITY decision, and the CITY’S representative may review staffing to ensure that it is optimal to achieve the goals of the engagement at the least cost.
(2) Once an attorney is given primary responsibility for an engagement, that person should continue on the legal matter until the matter is concluded or the attorney leaves the FIRM. The CITY will not pay the costs of bringing a new attorney up to speed.
(3) If more than one atto rney is going to perform the same task, prior approval from the CITY must be had. This includes document review.
Article 5. Independent Contractor . The FIRM shall perform services as an independent contractor. It is understood that this contract is for u nique professional services.
Accordingly, the duties specified in this Agreement may not be assigned or delegated by the FIRM without prior written consent of the CITY. Retention of the FIRM is based on the particular professional expertise of the individuals rendering the services required in the Scope of Services.
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Article 6. Confidentiality of Work. All work performed by the FIRM including but not limited to all drafts, data, correspondence, proposals, reports, and estimates compiled or composed by the FIRM pursuant to this Agreement is for the sole use of the CITY. All such work product shall be confidential and not released to any third party without the prior written consent of the CITY.
Article 7. Compliance with Controlling Law . The FIRM shall comply with all applicable laws, ordinances, regulations, and policies of the federal, state, and local governments as they pertain to this Agreement. In addition, the FIRM shall comply immediately with any and all directives issued by th e CITY or its authorized representatives under authority of any laws statutes, ordinances, rules, or regulations. The laws of the State of California shall govern and control the terms and conditions of this Agreement.
Article 8. Acceptability of Work. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due.
If the FIRM and the CITY cannot agree to the quality or acceptability of the work, the manner of performance, or the compensation payable to the FIRM in this Agreement, the CITY or the FIRM shall give to the other written notice. Within ten (10) business days, the FIRM and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance or the compensation payable to the FIRM.
Article 9. Indemnification. The FIRM agrees to indemnify, defend, and hold the CITY and its agents, officers, employees, and volunteers harmless from and against all claims asserted or liability established for damages or injuries to any person or property, including injury to the FIRM’S employees, agents, or officers, which arise from or are connected with or caused or claimed to be caused by the acts or omissions of the FIRM and its agents, officers, or employees in performing the work or other obligations under this Agreement, and all expenses of investigating and defending against same; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers, employees, or volunteers.
Article 10. Insurance. The FIRM, at its sole cost and expense, shall purchase and maintain throughout the term of this Agreement, the following insurance policies:
A. Professional Lia bility Insurance (errors and omissions) with minimum limits of $1,000,000 per claim.
B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles. The p olicy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided.
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C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occ urrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to the “location”. The “location” should be note d with specificity on an endorsement that shall be incorporated into the policy.
D. Workers’ Compensation Insurance in an amount sufficient to meet statutory requirements covering all of FIRM’S employees and employers’ liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement.
E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice t o the CITY’s Risk Manager, at the address listed in subsection G below, of cancellation or material change.
F. If required insurance coverage is provided on a “claims made” rather than “occurrence” form, the FIRM shall maintain such insurance coverage for th ree years after expiration of the term (and any extensions) of this Agreement. In addition, the “retro” date must be on or before the date of this Agreement.
G. The Certificate Holder for all policies of insurance required by this Section shall be:
City of National City
c/o Risk Manager
1243 National City Boulevard
National City, CA 91950-4397
H. Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder’s alphabetic and financial size category rating of not less than A:VII according to the current Best’s Key Rating Guide, or a company of equal financial stability that is approved by the CITY’S Risk Manager. In the event coverage is provided by non-admitted “surplus lines” carriers, they must be included on the most recent List of Approved Surplus Line Insurers (“LASLI”) and otherwise meet rating requirements.
I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied wit h, are filed with and approved by the CITY’S Risk Manager. If the FIRM does not keep all insurance policies required by this Article 10 in full force and effect at all times during the term of this Agreement, the CITY may treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein.
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J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. CITY reserves the right to modify the insuran ce requirements of this Article 10, including limits, based on the nature of the risk, prior experience, insurance, coverage, or other special circumstances.
K. If the FIRM maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher limits (or both) maintained by the FIRM. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.
Article 11. Drug Free Work Place . The FIRM agrees to comply with the CITY’S Drug-Free Workplace requirements. Every person awarded a contract by the CITY for the provision of services shall certify to the CITY that it will provide a drug -free workplace. Any subcontract entered into by the FIRM pursuant to this Agreement shall contain this provision.
Article 12. Non-Discrimination Provisions. The FIRM shall not discriminate against any subcontractor, vendor, employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. T he FIRM will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall inc lude but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprentice ship. The FIR M agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause.
Article 13. Notification of Change in Form. The FIRM has the right to effect changes in form including but not limited to the change in form from a partnership to a professional law corporation; the change in form of any partner or partners from an individual or individuals to a professional law corporation; the change i n form of any corporate partner or partners to any individual partners. The CITY shall be promptly notified in writing of any change in form.
Article 14. Notices. In all cases where written notice is to be given under this Agreement, service shall be deemed sufficient if said notice is deposited in the United States mail, postage paid. When so given, such notice shall be effective from the date of mailing of the notice.
Unless otherwise provided by notice in writing from the respective parties, notice to the Agency shall be addressed to:
City Attorney
City of National City
1243 National City Boulevard
National City, CA 91950-4397
cc: Executive Assistant to the City Attorney
City of National City
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1243 National City Boulevard
National City, CA 91950-4397
and to: [email protected]
[email protected]
Notice to the FIRM shall be addressed to:
Johanna N. Canlas
Burke, Williams & Sorensen, LLP
501 West Broadway, Suite 1600
San Diego, California 92101
and to: [email protected]
Nothing contained in this Agreement shall preclude or render inoperative service or such notice in the manner provided by law.
Article 15. Administrative Provisions.
A. Time of Essence . Time is of the essence for each provision of this Agreement.
B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument.
C. Headings. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof.
D. California Law . This Agreement shall be construed and interpreted in accordance with the laws of the State of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the Coun ty of San Diego, State of California.
E. Integrated Agreement. This Agreement including attachments and exhibits contains all of the agreements of the parties and all prior negotiations and agreements are merged in this Agreement. This Agreement cannot be amended or modified except by written agreement, and mutually agreed upon by the CITY and the FIRM.
F. Severability. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render the other provisions unenforceable, invalid, or illegal.
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Legal Services Burke, Williams & Sorensen, LLP
G. Waiver. The failure of the CITY to enforce a particular condition or provision of this Agreement shall not constitute a waiver of that condition or provision or its enforceability.
H. Conflict of Interest. During the term of this Agreement, the FIRM shall not perform services of any kind for any person or entity whose interests’ conflict in any way with those of the CITY. This prohibition shall not preclude the CITY from expressly agreeing to a waiver of a potential conflict of interest under certain circumstances.
I. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.
J. Exhibits and Sche dules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control.
K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, and (iii) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written.
CITY OF NATIONAL CITY
By: __________________________
Ron Morrison, Mayor
APPROVED AS TO FORM:
By: ____________________________
Barry Schultz Esq., City Attorney
BURKE, WILLIAMS & SORENSEN, LLP
(Corporation – signatures of two corporate officers)
By: ___________________, Esq.
Title: Johanna N. Canlas, Partner
By: ____________________, Esq.
Title: ___________________________
RESOLUTION NO. 2024 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA ,
AUTHORIZING AGREEMENTS WITH THE LAW FIRMS OF FOZI DWORK AND MODAFFERI,
LLP, AND BURKE, WILLIAMS AND SORENSEN, LLP FOR LEGAL SERVICES IN THE SPECIALIZED AREA OF LITIGATION.
WHEREAS, the City of National City (“City”) engages outside legal support for specialized areas; and
WHEREAS, the City is in need of additional law firms to provide specialized legal services in connection with matters involving Public Agency litigation; and
WHEREAS, Fozi Dwork and Modafferi, LLP and Burke Williams and Sorensen, LLP are experienced law firms who represent public agencies in all stages of litigation; and
WHEREAS, City staff recommends City Council’s approval to execute agreements with the law firms of Fozi Dwork and Modafferi, LLP and Burke, Williams and Sorensen, LLP for legal services in the specialized area of litigation.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: Approves the Agreement between the City of National City and the law firm of Fozi Dwork and Modafferi, LLP attached to the Agenda Report as Exhibit A.
Section 2. Approves the Agreement between the City of National City and the law firm of Burke, Williams and Sorensen, LLP for legal services, attached to the Agenda Report as Exhibit B.
Section 3: 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
AGENDA REPORT
Department: Community Development
Prepared by: Angelita Palma, Housing Manager
Meeting Date: Tuesday, May 7, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Agreement with MDG Associates , LLC, for the HUD Five-Year Consolidated Plan and Related Documents
RECOMMENDATION:
Adopt the Resolution Entitled "Resolution of the City Council of the City of National City, California, Authorizing an Agreement with MDG Associates, LLC, for the Development of the Consolidated Plan and Related Documents for Fiscal Years (FY) 2025-2029 in a Not-to-Exceed Amount of $85,000 from FY 2024 and FY 2025 HUD Entitlement Grant Administration Funds.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
RFP for HUD CPD Consolidated Plan & Related Documents
The National Ci ty Housing Authority released a Request for Proposals (RFP) on November 6, 2023 for a consulting firm with experienced principal staff to engage in outreach efforts and development of the U.S. Department of Housing and Urban Development (“HUD”) Community Planning Development Programs (“CPD”) Consolidated Plan and related documents for f iscal years (FY) 2025-2029 in accordance with all applicable requirements a s prescribed in the Code of Federal Regulations (“CFR”).
Staff recommends funding MDG Associates, LLC’s (MDG) proposal for consulting services to prepare the Consolidated Plan and related documents for (FY) 2025 -2029. MDG has demonstrated experience providing consulting services and technical assistance in HUD CPD programs and has been contracted by HUD and multiple jurisdictions to provide technical assistance to grantees.
Specifications
MDG Associates, LLC, in conjunction with the National City Housing Authority , will prepare the Consolidated Plan for the period July 1, 2025 - June 30, 2030, including the preparation of the 2025 Annual Action Plan (July 1 2025 to June 30, 2026). MDG will also work with the City’s staff on other HUD-related plans and requirements.
MDG, under the direction of the City’s Housing Authority staff, will prepare and update the draft documents listed below in accordance with all applicable federal, state, and local policies, standards, and regulations.
1) Consolidated Plan (Con Plan) and One-Year Action Plan to implement the strategic plan for 2025-2026 per 24 CFR 91
2) Update the Citizen and Community Participation (CCPP) per 24 CFR 91.105 3) Environmental Justice Scorecard per Executive Order 14008 4) Update the draft Language Access Plan (LAP)/Limited English Proficiency (LEP) Plan per the Title VI Civil Rights Act of 1964 & Executive Order 13166 5) Regional Assessment to Fair Housing (AFH) Plan per 24 CFR 5.15 6) Regional Equity Action Plan per 24 CFR 5.150 and proposed rule 2529-AB05
There will be a thorough community engagement process , per HUD requirements , that fosters meaningful involvement of National City residents in developing the documents. MDG will assist Housing Authority staff to develop and deploy an outreach and community engagement strategy that seeks to involve as broad a spectrum of stakeholders as possible. MDG and staff will utilize the eCon Planning Suite format and best practices as the basis for constructing the plans. MDG will compile, organize, and tabulate data and other information available through the City, HUD, the U.S. Census Bureau, and other public and private organizations, as well as input gathered from the public participation process to complete the required pl an components and integrate additional information as needed. The work will be completed within the timeframes provided by HUD and Housing Authority staff.
About MDG Associates, LLC
MDG was established in 1991 and has undergone steady growth since then. It is a limited liability company registered in California as a Minority Business Enterprise (MBE) and Small Business (SB) with the State of California. MDG Associates , LLC, is comprised of individuals with a wide variety of expertise , including the servic es specifically requested by the City through the RFP .
MDG staff members are specialists in HUD plans, programs, and activities.
FINANCIAL STATEMENT:
HUD CPD Entitlement Grant Administration Funds will be used to cover the costs associated with the development of the Consolidated Plan and related documents in a not-to-exceed amount of $85,000. Of that amount, $30,000 from expenditu re account 301 -419-462-299-0000 (CDBG Fund) and $20,000 from 505-419-462-299-0000 (HOME Fund) from FY 2024 will fund part of the agreement. T he remaining amount of $ 35,000 will be included in the FY 2025 budget using expenditure account 301-419-462-299-0000.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Housing and Community Development
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review. CCR15378; PRC 21065.
PUBLIC NOTIFICATION:
The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A - Agreement
Exhibit B - Resolution
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AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
MDG ASSOCIATES LLC
THIS AGREEMENT is entered into by and between the CITY OF NATIONAL CIT Y, a municipal corporation ( “CITY”), and MDG ASSOCIATES LLC a California limited liability company”).
R E C I T A L S
WHEREAS, the CITY desires to employ a CONSULTANT for the development of the Consolidated Plan and r elated documents described in Exhibit “A” for Fiscal Years (FY) 2025 - 2029.
WHEREAS, the CITY has determined that the CONSULTANT has demonstrated experience providing consulting services and technical assistance in HUD Community Planning Development (“CPD”) programs and has been contracted by HUD and multiple jurisdictions to provide technical assistance for these services . MDG is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS:
1. ENGAGEMENT OF CONSULTANT . The CITY agrees to engage the CONSULTANT for the development of the Consolidated Plan and r elated documents described in Exhibit “A” for Fiscal Years (FY) 2025 -2029, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein.
The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT.
2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement shall not become effective and binding until fully executed by both the CITY and CONSULTANT. The duration of this Agreement is from the effective date through June 30, 2026. Completion dates or time durations for specific portions of the project are set forth in Exhibit “A”. This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year term. The Parties may exercise up to t hree (3) one-year extensions. Any extension of this Agreement must be approved in writing by the City Manager.
3. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit “A”.
The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings specified in Exhibit “A” to keep staff and City Council advised of the progress on the project.
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The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and co nfer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services.
4. PROJECT COORDINATION AND SUPERVISION. Angelita Palma, Housing Manager hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Clint Whited, Senior Vice President thereby is designated as the Project Director for the CONSULTANT.
5. COMPENSATION AND PAYMENT . The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and, also materials, if any. The total cost for all work described in Exhibit “A” shall not exceed $85,000. The compensation for the CONSULTANT’s work shall not exceed the rates set forth in Exhibit “A.” Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit “A”, as determined by the CITY.
The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agr eement and for five (5) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested.
6. ACCEPTABILITY OF WORK . The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due.
In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the work, the manner of performance, and/or the compensation payable to the CONSULTANT in this Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the wor k, the manner of performance , and/or the compensation payable to the CONSULTANT.
7. DISPOSITION AND OWNERSHIP OF DOCUMENTS . The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this project, whether paper or electronic, shall : (1) be free from defects; (2) become the property of the CITY for use with respect to this project ; and (3) shall be turned over to the CITY upon completion of the project, or any phase thereof, as contemplated by this Agreement.
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Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this A greement, except upon the CITY’s prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer.
The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT’ s written work product for the CITY’ s purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works.
Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 15, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of Services of this projec t, unless otherwise mutually agreed.
8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT’ s employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY’s employees, including but not limited to retirement, medical, unemploy- ment, or workers’ compensation insurance.
This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT’s employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement , nor any interest herein, may be assigned by the CONSULTANT without the prior written consent of the CITY.
Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement.
9. CONTROL. Neither the CITY, nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT’ s employees, except as set forth in this Agreement. The CONSULTANT, or the CONSULTANT’ s agents, servants, or employees are not in any manner agents, servants, or employees of the CITY. The CONSULTANT and its agents, servants, and employees are wholly independent from the CITY and CONSULTANT’s obligations to the CITY are solely prescribed by this Agreement.
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10. COMPLIANCE WITH APPLICABLE LAW . The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement.
11. LICENSES, PERMITS, ETC . The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. CONSULTANT must promptly produce a copy of any such license, permit, or approval to CITY upon request. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession.
12. STANDARD OF CARE.
A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT’s trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT’s employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site.
B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration, or litigation proceedings concerning the CONSULTANT’ s professional performance or the furnishing of materials or services relating thereto.
C. The CONSULTANT is responsible for identifying any unique products, treatments, processes, or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes, or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub-section will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY’ s later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time.
13. DRUG FREE WORKPLACE. The CONSULTANT agrees to comply with the CITY’s Drug-Free Workplace requirements. Every person awarded a contract by the CITY for the provision of services shall certify to the CITY that it will provide a drug- free workplace. Any subcontract entered into by the CONSULTANT pursuant to this Agreement shall contain this provision.
14. NON-DISCRIMINATION PROVISIONS . The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color,
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ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include, but not be limited to , the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layo ff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause.
15. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall no t disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 15, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is alre ady in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disc losure thereof has been or is rightfully authorized by that third party.
The CONSULTANT shall not disclose any reports, recommendations, conclusions, or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm, or corporation.
CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 16.
16. INDEMNIFICATION AND HOLD HARMLESS . To the maximum extent provided by law, the CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys’ fees, and defense costs, of any kind or nature, including workers’ compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT’ s performance or other obligations under this Agreem ent; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers, employees, or volunteers. CITY will cooperate reasonably in the defense of any action, and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney.
The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement.
17. EMPLOYEE PAYMENTS AND INDEMNIFICATION.
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17.1 PERS Eligibility Indemnification . If CONSULTANT ’s employee(s) providing services under this Agreement claims, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS of the CITY, CONSULTANT shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY.
CONSULTANT’S employees providing service under this Agreement shall not:
(1) qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid by CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would accrue to a CITY employee. CONSULTANT ’s employees hereby waive any claims to benefits or compensation described in Section 17. This Section 17 applies to CONSULTANT notwithstanding any other agency, state, or federal policy, rule, regulation, law, or ordinance to the contrary.
17.2 Limitation of CITY Liability . The payment made to CONSULTANT under this Agreement shall be the full and complete compensation to which CONSULTANT and CONSULTANT’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither CONSULTANT nor CONSULTANT’s officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave, or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of CONSULTANT. The CITY shall not be required to pay any workers’ compensation insurance on behalf of CONSULTANT.
17.3 Indemnification for Employee Payments . CONSULTANT agrees to defend and indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to PERS, social security, salary or wages, overtime payment, or workers’ compensation payment which the CITY may be required to make on behalf of (1) CONSULTANT, (2) any employee of CONSULTANT, or (3) any employee of CONSULTANT construed to be an employee of the CITY, for work performed under this Agreement. This is a continuing obligation that survives the termination of this Agreement.
18. WORKERS’ COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers’ Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code, and all amendments thereto; and all similar s tate or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, employees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney’s fees and defense costs presented, brought, or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement.
19. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following insurance policies:
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A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence.
B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided.
C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this “project” or “location”. The “project” or “location” should be noted with specificity on an endorsement that shall be incorporated into the policy.
D. Workers’ Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT’ s employees and employers’ liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement.
If CONSULTANT has no employees subject to the California Workers’ Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY.
E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY ’s Risk Manager, at the address listed in subsection G below, of cancellation or material change.
F. If required insurance coverage is provided on a “claims made” rather than “occurrence” form, the CONSULTANT shall maintain such insurance coverage for three (3) years after expiration of the term (and any extensions) of this Agreement. In addition, the “retro” date must be on or before the date of this Agreement.
G. The Certificate Holder for all policies of insurance required by this Section shall be:
City of National City
c/o Risk Manager
1243 National City Boulevard
National City, CA 91950-4397
H. Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder’s alphabetic and financial size category rating of not less than A:VII according to the current Best’s Key Rating Guide, or a company of equal financial stability that is approved by the CITY’s Risk Manager. In the event coverage is provided by non- admitted “surplus lines” carriers, they must be included on the most recent List of Ap proved Surplus Line Insurers (“LASLI”) and otherwise meet rating requirements.
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I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY’s Risk Manager. If the CONSULTANT does not keep all insurance policies required by this Section 19 in full force and effect at all times during the term of this Agreement, the CITY may treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein.
J. All deductibles and self-insured retentions in excess of ten-thousand dollars ($10,000) must be disclosed to and approved by the CITY. CITY reserves the right to modify the insurance requirements of this Section 19, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
K. If the CONSULTANT maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher limits (or both) maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.
20. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out-of-court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys’ fees.
For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney’s fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney’s fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney’s fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney’s fees incurred by the prevailing party.
21. TERMINATION.
A. This Agreement may be terminated with or without cause by the CITY.
Termination without cause shall be effective only upon sixty (60) day’s written notice to the CONSULTANT. During said sixty (60) day period the CONSULTANT shall perform all services in accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the fa ilure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications , and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT’ s breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7.
Standard Agreement Page 9 of 13 City of National City and Revised January 2024 MDG Associates, LLC
E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name, or change in business status of the CONSULTANT.
22. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile , or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified, or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile, or fax, when sent. Any notice, request, demand, direction, or other communication delivered or sent as specified above shall be directed to the following persons:
To CITY: Angelita Palma
Housing Manager
Community Development Department
City of National City
1243 National City Boulevard
National City, CA 91950-4397
To CONSULTANT: MDG Associates LLC
Att.: Rudy E. Munoz, President
10722 Arrow Route, Suite 822
Rancho Cucamonga, CA 91730
Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request, or communication sent. Any notice, request, demand, direction, or other communication sent by cable, telex, telecopy, facsimile, or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section.
23. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process, or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official
Standard Agreement Page 10 of 13 City of National City and Revised January 2024 MDG Associates, LLC
position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would requir e it to disqualify itself from any matter on which it might perform services for the CITY.
If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code.
Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk.
The CONSULTANT shall be strictly liable to the CITY for all damages, costs , or expenses the CITY may suffer by virtue of any violation of this Section 23 by the CONSULTANT.
24. PREVAILING WAGES . State prevailing wage rates may apply to work performed under this Agreement. State prevailing wage rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if state prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations.
25. Consultant Provisions.
A. Applicability of Uniform Administrative Requirements In performing under this Agreement, the requirements of 2 CFR part 200 apply to the CONSULTANT.
B. Consolidated Submissions f or Community Planning and Development Programs. In performing under this Agreement, the requirements of 24 CFR part 91 apply to the CONSULTANT.
C. Affirmatively Furthering Fair Housing General HUD Program Requirements; Waivers Generally Applicable Definitions and Requirements; Waivers. In performing under this Agreement, the requirements of 24 CFR Subtitle “A” part 5 Subpart “A” apply to the CONSULTANT.
D. Improving Access to Services for Persons with Limited English Proficiency . In performing under this Agreement, the requirements of Title VI & Executive Order 13166 apply to the CONSULTANT.
E. Lobbying Disclosure Requirements In accordance with the requirements of 24 CFR part 87.
F. Drug-Free Workplace Recipients and subrecipients receiving funds from HUD are subject to 2 CFR Part 2429, which implements the Drug- Free Workplace Act of 1988 (41 U.S.C. 701, et seq.), as amended, and required to provide a drug-free workplace.
G. Environmental Review While the CITY is responsible for environmental reviews and determinations under this Agreement, CONSULTANT will cooperate and assist in documenting the environmental status of each assisted unit, including but not limited to the initial preparation of an Environmental Review for the work performed in Exhibit “A,” that is Exempt or Categorically Excluded Not Subject to Section 58.5 checklist. In no case will CONSULTANT execute the work in Exhibit “A” with respect to a specific unit to be assisted without notification from the CITY that the PROGRAM is either exempt from environmental review or that needed reviews have been completed.
H. Compliance with Other Federal Requirements CONSULTANT must comply with all applicable federal requirements for the work performed in Exhibit “A.”
Standard Agreement Page 11 of 13 City of National City and Revised January 2024 MDG Associates, LLC
26. ADMINISTRATIVE PROVISIONS.
A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday, or federal, state, or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday, or federal, state, or legal holiday.
B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument.
C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control.
F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto.
G. Assignment & Assumption of Rights. CONSULTANT shall not assign this Agreement, in whole or in part, to any other party without first obtaining the written consent of CITY.
H. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof.
I. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California.
J. Audit. If this Agreement exceeds ten-thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7.
K. Entire Agreement. This Agreement supersedes any prior agreements, negotiations, and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent, or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby.
L. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto.
M. Subcontractors or Subconsultants. The CITY is engaging the services of the CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY in writing. In the event any portion of the work under this Agreement is subcontracted, the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor
Standard Agreement Page 12 of 13 City of National City and Revised January 2024 MDG Associates, LLC
of the CITY, both the insurance provisions in Section 19 and the indemnification and hold harmless provision of Section 16 of this Agreement.
N. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation, and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party’s counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto.
Exhibit “A” City of National City and
MDG Associates, LLC
Exhibit “A”
AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY
AND
MDG ASSOCIATES LLC
SCOPE OF WORK
MDG Associates LLC (“MDG”), under the direction of the City’s Housing Authority staff (“City Staff”), will prepare and update the HUD -required documents listed below in accordance with all applicable federal, state, and local policies, standards, and regulations. Per the City’s RFP , MDG may anticipate leading in the development of the documents. 1) Citizen and Community Participation (CCPP)
2) Consolidated Plan (Con Plan) to include the Year One Annual Action Plan (AAP)
3) Environmental Justice Scorecard
4) Language Access Plan (LAP)/Limited English Proficiency (LEP) Plan 5) Regional Assessment to Fair Housing (AFH) Plan
6) Regional Equity Action Plan
MDG and City staff will pursue a thorough community engagement process that fosters the meaningful involvement of National City residents. MDG will work with City staff to develop and deploy an outreach and community engagement strategy that seeks to involve as broad a spectrum of stakeholders as possible. The documents and community outreach will be completed within the timeframes provided by staff and regulatory bodies.
MDG will utilize the eCon Planning Suite format and best practices as the basis for constructing the plans. MDG will review, compile, organize, and tabulate data and other information available through the City, HUD, the U.S. Census Bureau, and other public and private organizations, as well as input gathered from the public participation process to complete the required plan components and integrate additional information as needed.
Meetings, briefings, Public Hearings, public outreach, office hours, publi c notices, staff reports, etc.
The Scope of Services to be provided includes:
1. Citizen and Community Participation Plan (CCPP) per 24 CFR 91.105 a) Staff meetings (2) - 30 minutes each, online
b) Technical Assistance as needed via phone or online.
c) Update and Format CCPP
d) Staff Report (1)
e) Public Hearing (1)
f) Develop and disseminate content for public participation, including but not limited to flyers, social media, website content, email blasts, and surveys. All content will be disseminated using the City’s applicable platform accounts.
Exhibit “A” City of National City and
MDG Associates, LLC
2. Consolidated Plan (Con Plan) per 24 CFR 91
a) Weekly staff meetings - 30 minutes, online
b) Consulting services and technical assistance as needed via phone or online c) Draft Consolidated Plan for July 1, 2025, through June 30, 2029, and One-Year Action Plan to implement the strategic plan for 2025-2026 d) Final Consolidated Plan and One-Year Action Plan Formatted for public review and input into IDIS
e) Public Hearings (2), in-person
f) Council briefings (3), online
g) Staff Reports (2)
h) Webinar (1), 1-2 hours, online
i) Workshop (1), 1-2 hours, in-person
j) Community and stakeholder meetings for public participation. Development and distribution of content for public participation, including but not limited to flyers, social media, website content, email blasts, and surveys. All content will be disseminated using the City’s applicable platform accounts.
3. Language Access Plan (LAP)/Limited English Proficiency (LEP) Plan per Title VI & Executive Order 13166
a) Staff meetings (2) - 30 minutes each, online
b) Technical Assistance as needed via phone or online.
c) Update Draft Plan and format Plan for public review. d) Staff Report (1)
e) Public Hearing (1), in-person
f) Webinar (1), 1-2 hours, online
g) Workshop (1), 1-2 hours, in-person
h) Develop and disseminate content for public participation, including but not limited to flyers, social media, website content, email blasts, and surveys. All content will be disseminated using the City’s applicable platform accounts.
4. Regional Assessment to Fair Housing (AFH) Plan per 24 CFR 5.150 a) Staff meetings (2) - 30 minutes each, online
b) Technical Assistance as needed via phone or online.
c) National City AFH Data and Reports – TBD
d) Staff Report (1)
e) Public Hearing (1), in-person
f) Webinar (1), 1-2 hours, online
g) Workshop (1), 1-2 hours, in-person
h) Develop and disseminate content for public participation, including but not limited to flyers, social media, website content, email blasts, and surveys. All content will be disseminated using the City’s applicable platform accounts.
Exhibit “A” City of National City and
MDG Associates, LLC
5. Regional Equity Action Plan per 24 CFR 5.150 and proposed rule 2529-AB05 a) Staff meetings (2) - 30 minutes each, online
b) Technical Assistance as needed via phone or online
c) Provide responses to questions from the consultant drafting the Regional Plan d) Staff Report (1)
e) Public Hearing (1), in-person
f) Develop and disseminate content for public participation, including but not limited to flyers, social media, website content, email blasts, and surveys. All content will be disseminated using the City’s applicable platform accounts.
6. Annual Environmental Justice Scorecard
a) Staff meetings 2) – 30 minutes each, online
b) Technical Assistance as needed via phone or online
c) Draft Report (Scorecard) and format for public review d) Staff Report (1)
e) Public Hearings (1) (approximately April/May 2025)
f) Develop and disseminate content for public participation as required by federal regulations.
BUDGET
MDG proposes a not-to-exceed overall budget of $85,000 to support the City of National City in developing its 2025-2029 HUD Consolidated Plan and Related Documents.
The not-to-exceed budget to support the City of National City in developing its Consolidated Plan and related documents includes 547 total labor hours distributed based on the level of effort expected from each member of the project team, our current hourly billing rates, and travel for the Project Manager to attend a total of three (3) in-person meetings / hearings for this project. In accordance with the RFP , our detailed proposal budget suggests combining the required in-person meetings / hearings into a total of three distinct site visits.
Per the City’s RFP , the following table details, the hourly wages/salaries of personnel assigned, the estimated number of hours per person per work plan deliverable, totals, and other anticipated material costs. Including travel expenses showing how travel time is billable.
Any additional consulting services and technical assistance requested by the City that are not part of the scope of work delineated in the RFP will be billed at the hourly rates listed at the end of the summary budget table.
Exhibit “A” City of National City and
MDG Associates, LLC
Exhibit “A” City of National City and
MDG Associates, LLC
Exhibit “A” City of National City and
MDG Associates, LLC
RESOLUTION NO. 2024 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA,
AUTHORIZING AN AGREEMENT WITH MDG ASSOCIATES, LLC, FOR THE DEVELOPMENT
OF THE CONSOLIDATED PLAN AND RELATED DOCUMENTS FOR FISCAL YEARS (FY) 2025-2029 IN A NOT-TO-EXCEED AMOUNT OF $85,000 FROM FY 2024 AND FY 2025 HUD ENTITLEMENT GRANT ADMINISTRATION FUNDS.
WHEREAS, as an entitlement community, the City of National City ("City'') administers the Community Development Block Grant ("CDBG") and t he Home Investment Partnerships Act ("HOME") Program for the Federal Government under the United States Department of Housing and Urban Development ("HUD") Community Planning Development Programs (“CPD”); and
WHEREAS, per the federal regulations at 24 CFR, Part 91, the City is required to prepare and submit a Five -Year Consolidated Plan and Annual Action Plan s and other HUD -related documents; and
WHEREAS, the Housing Authority released a Request for Proposals (RFP) on November 6, 2023, for a consulting firm with experienced staff in HUD CPD requirements; and
WHEREAS, staff reviewed MDG Associates LLC’s (“MDG”) proposal and determined that MDG has demonstrated experience and expertise in providing consulting services and technical assistance in HUD CPD programs; and
WHEREAS, staff recommends funding MDG proposal for consulting services in the not- to-exceed amount of $8 5,000 to prepare the Consolidated Plan and related documents, and to provide staff technical assistance with HUD-related matters; and
WHEREAS, the agreement with MDG will be paid for by HUD CPD entitlement grant administration funds in a not -to-exceed amount of $8 5,000 o f which $30,000 comes from expenditure account 301-419-462-299-0000 (CDBG Fund) and $20,000 from account 505-419- 462-299-0000 (HOME Fund) from FY 2024 with the remaining amount of $35,000 to be included in the FY 2025 budget using expenditure account 301-419-462-299-0000.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: That the City Council hereby authorizes entering into an Agreement between the City of National City and MDG Associates, LLC, in a not-to-exceed amount of $85,000 for the development of the Consolidated Plan and related documents for Fiscal Years (FY) 2025-2029, and authorizes the City Manager or his designee to execute the agreement.
Section 2: That the City Council hereby authorizes the agreement to be funded from HUD CPD entitlement grant administration funds in a not -to-exceed amount of $8 5,000 o f which $30,000 comes from expenditure account 301 -419-462-299-0000 (CDBG Fund) and $20,000 from account 505-419-462-299-0000 (HOME Fund) from FY 2024 with the remaining amount of $35,000 to be included in the FY 2025 budget using expenditure account 301-419-462-299-0000.
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
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:
Approval of City Council Meeting Minutes
RECOMMENDATION:
Approve and File.
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
Meeting Minutes:
Special City Council Meeting of April 2, 2024
Regular City Council Meeting of April 2, 2024
Regular City Council Meeting of April 16, 2024
FINANCIAL STATEMENT:
Not Applicable
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Not Applicable
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065.
PUBLIC NOTIFICATION:
The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A – Special City Council Meeting of April 2, 2024 Exhibit B – Regular City Council Meeting of April 2, 2024 Exhibit C – Regular City Council Meeting of April 16, 2024
SPECIAL MEETING MINUTES OF THE CITY COUNCIL
Present: Councilmember Bush
Councilmember Rodriguez
Councilmember Molina
Vice-Mayor Yamane
Mayor Morrison
Others Present: Benjamin A. Martinez, City Manager
Barry J. Schultz, City Attorney
Shelley Chapel, City Clerk
1. CALL TO ORDER
A Special Meeting of the City Council of the City of National City was called to order at 4:41 p.m. via teleconference and in the Council Chamber, located in City Ha ll, 1243 National City Boulevard, National City, California.
2. ROLL CALL
Councilmembers present: Bush, Rodriguez, Molina, Yamane, Morrison
3. PLEDGE OF ALLEGIANCE TO THE FLAG
Vice-Mayor Yamane led the Pledge of Allegiance.
4. PUBLIC COMMENT
One (1) Verbal Comment: Leah Munoz
5. CLOSED SESSION
Members retired into Closed Session at 4:46 p.m. Bush, Rodriguez, Yamane, Molina, and Morrison
All members returned to the Open S ession at 6:06 p.m. with all members present in attendance: Bush, Rodriguez, Yamane, Molina, and Morrison April 2, 2024, 4:30 p.m.
City Council Chamber - 1243 National City Boulevard
National City, CA
5.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957.6
Position to be Reviewed: City Attorney
6. ADJOURNMENT
Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, on Tuesday, April 2, 2024, at 6:00 p.m. in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.
The meeting adjourned at 6:06 p.m.
__________________________
Shelley Chapel, MMC, City Clerk
The foregoing minutes were approved at the Regular Meeting of May 7, 2024.
__________________________
Ron Morrison, Mayor
REGULAR MEETING MINUTES OF THE CITY COUNCIL
April 2, 2024, 6:00 p.m.
City Council Chamber - 1243 National City Boulevard
National City, CA
Present: Councilmember Bush
Councilmember Molina
Councilmember Rodriguez
Vice-Mayor Yamane
Mayor Morrison
Others Present: Benjamin A. Martinez, City Manager
Barry J. Schultz, City Attorney
Shelley Chapel, City Clerk
Carlos Aguirre, Director of Community Development
Danielle Ghio, Acting City Librarian
Alex Hernandez, Chief of Police
Martha Juarez, Assistant Director of Engineering/Public Works Sergio Mora, Fire Chief
Myra Martinez, Management Analyst II, Library
Paul Valadez, Budget Manager
____________________________________________________________________
1. CALL TO ORDER
A Regular Meeting of the City Council of the City of National City was called to order at 6:06 p.m. via teleconference and in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.
2. ROLL CALL
Councilmembers present: Bush, Molina, Rodriguez, Yamane, Morrison Interpretation in Spanish provided by Carlos Diaz and Luisa Diaz de Leon.
3. PLEDGE OF ALLEGIANCE TO THE FLAG
Councilmember Molina led the Pledge of Allegiance.
4. INVOCATION
Delivered by the Reverend Roberto Maldonado of St. Matthews National City
5. PUBLIC COMMENT
Mayor Morrison summarized the process for acceptance of live public comment allowing two (2) minutes per comment and introduced City Clerk Chapel.
Eleven (11) speakers provided in-person comment and four (4) people provided virtual comment.
In-person Comment: Virtual Comment:
Sherry Gogue Becky Rapp
Socorro Jimenez Peggy Walker
Jacqueline Reynoso Barbara Gordon
Edward Nieto Megan Stewart
Paul Wapnowski
Ricardo Sanchez
Caroline Duffy
Sylvia Garner
Dukie Valderrama
Adriana Huerta
Eriq Vargas (ACCE)
ITEM TAKEN OUT OF ORDER
PUBLIC HEARING
9.3 Ordinance for Introduction – Unauthorized Camping or Encampments on Public Property Barry Schultz, City Attorney introduced the item and gave an overview of the Ordinance.
City Attorney Schultz introduced Ashlin Lutz, Deputy City Attorney.
Mayor Morrison declared the Public Hearing open at 7:23 p.m.
Public Comments:
Thirteen (13) speakers provided in-person comment and one (1) person provided virtual comment.
In-person Comment:
Natalie Raschke – Live Experience Advisers (LEA)
Julie Porter (LEA)
Richard Sieba (LEA)
Rachel Hayes
Ilka H. Weston Justice Overcoming Boundaries
Paul Wapnowski
Sean Sampsell
Eric R. Quinones
Edward Nieto
Levi Fiafaglione (LEA)
Natalia Rodriguez Justice Overcoming Boundaries
Lauren Kipp Justice Overcoming Boundaries
Eriq Vargas (ACCE)
One (1) via Zoom: John Brady
ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Rodriguez to close the public hearing.
Motion carried by unanimous vote.
The Public Hearing closed at 7:55 p.m.
Recommendation: Introduce Ordinance by First Reading, entitled, “Ordinance of the City Council of the City of National City, California, Amending Title 10 of the National City Municipal Code by Repealing and Reserving Section 10.52.010(W); Amending Title 10 by Adding Chapter 10.56, All Pertaining to Regulating Encampments on Public Property to Establish a Standard for the Protection of the Life, Health, and Safety of All People, and Sensitive Public Lands within the City of National City.”
Councilmember Bush left the dais at 7:52 p.m. and returned at 7:55 p.m.
ACTION: Motion by Councilmember Bush, seconded by Councilmember Molina:
Make a motion that we have staff do further research on this encampment ban and do a comprehensive look at solutions to alleviate the homeless crisis; Direct staff to:
o Immediately address unsafe conditions and encampments in public property under existing code
o Provide a legal analysis on the question of whether the City can legally enforce the encampment ban if the only facility is a private facility. o Bring back empirical data or evidence that the increase of our unsheltered population is indeed because of the City of San Diego
o The success, outcome, data on the City of San Diego
o Have a map of affected areas
o Work with the County Health & Human Services and Supervisor Nora Vargas on funding, conservatorship, possibility of shelter or detox facility to deal with those on the street with severe mental illness
o Consider a feasibility study on comprehensive approach to homelessness; Rental market
To return to the City Council no later than the first meeting of June, (June 4, 2024).
Motion carried by unanimous vote.
Mayor Morrison called for a recess at 8:49 p.m. and the Councilmembers returned to the dais at 9:00 p.m.
6. PROCLAMATIONS AND RECOGNITION
6.1 Proclamation – “San Diego County Fair Day”
Mayor Morrison introduced and presented the Proclamation to Luis Valdivia, Marketing Specialist, and Tristan Hallman, Chief Communications Officer with the San Diego County Fair.
6.2 Fair Housing Month
Mayor Morrison introduced and presented the Proclamation to Leticia Munguia, CSA Board of Directors on behalf of Executive Director Estela De Los Rios.
6.3 Introduction of New City Employees
Mayor Morrison introduced Police Chief Hernandez, who introduced Krystal Alvarado, and Martha Juarez, Assistant Director of Engineering and Public Works, introduced Genaro Chavez.
7. REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes each)
Councilmember Rodriguez – No Report.
Councilmember Bush – No Report.
Councilmember Molina reported on SANDAG.
Vice-Mayor Yamane – No Report
Mayor Morrison provided an update on the business of SANDAG.
Port of San Diego Commissioner Sandy Naranjo provided a report on the recent Board Meeting.
8. CONSENT CALENDAR
Motion by Councilmember Bush, seconded by Councilmember Molina to approve Consent Calendar Items 8.1 through 8.6.
Motion carried by unanimous vote.
8.1 Approval of Reading by Title Only and Waiver of Reading in Full of Ordinance on this Agenda
Motion carried by unanimous vote.
8.2 City Council FY 24 Budget Summary through March 8, 2024 Approve and file the City Council Budget Summary Report.
Motion carried by unanimous vote.
8.3 Temporary Use Permit – National Day of Prayer Sponsored by New Covenant Tabernacle at Kimball Park Bowl on Thursday, May 2, 2024, with No Waiver of Fees.
Motion carried by unanimous vote.
8.4 Warrant Register #33 for the period of 2/9/24 through 2/ 15/24 in the amount of $1,166,053.95.
Ratify Warrants Totaling $1,166,053.95
Motion carried by unanimous vote.
8.5 Warrant Register #34 for the period of 2/16/24 through 2/22/24 in the amount of $1,808,028.03.
Ratify Warrants Totaling $1,808,028.03
Motion carried by unanimous vote.
8.6 Warrant Register #35 for the period of 2/23/24 through 2/29/24 in the amount of $397,314.25.
Ratify Warrants Totaling $397,314.25
Motion carried by unanimous vote.
9. PUBLIC HEARING
9.1 Public Hearing and Resolution Approving the Fiscal Year 2024-2025 Streamlined Annual Public Agency Plan for the Section 8 Housing Choice Voucher Program Adopted Resolution No. 2024-90
Community Development Director Carlos Aguirre introduced the item.
Mayor Morrison declared the Public Hearing open at 9:18 p.m.
There were no public comments.
ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Molina to close the public hearing.
Motion carried by unanimous vote.
The Public Hearing closed at 9:19 p.m.
Recommendation: Conduct the Public Hearing and Adopt a Resolution Entitled, “Resolution of the Community Development Commission–Housing Authority of the City of National City, California, Approving the Streamlined Annual Public Housing Agency Plan for the Housing Choice Voucher Program for Fiscal Year 2024-2025, and Authorizing the Submittal of the Plan to the U.S. Department of Housing and Urban Development.”
ACTION: Motion by Councilmember Molina, seconded by Vice-Mayor Yamane to adopt the resolution.
Motion carried by unanimous vote.
9.2 Second Reading and Adoption of Ordinances Amending the Westside Specific Plan and Title 18 of the Municipal Code.
Adopted Ordinance Nos. 2024-2528 and 2024-2529
Community Development Director Carlos Aguirre introduced the item.
Mayor Morrison declared the Public Hearing open at 9:20 p.m.
One (1) public comment was received from Mikhaila Arroela One (1) written comment was received from Ted Godshalk.
ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Rodriguez to close the Public Hearing.
Motion carried by unanimous vote.
Public Hearing closed at 9:23 p.m.
Recommendation: Second Reading and Adoption of the Ordinances Entitled:
ACTION: Motion by Councilmember Molina, seconded by Councilmember Rodriguez to Adopt Ordinance No. 2024-2528, “An Ordinance of the City Council of the City of National City, California, Adopting the Westside Specific Plan Amendment and Amending the Zoning Text an d Map of the Westside Specific Plan;”
Motion carried by unanimous vote.
and,
ACTION: Motion by Councilmember Molina , seconded by Councilmember Rodriguez to Adopt Ordinance No. 2024-2529, “An Ordinance of the City Council of the City of National City, California, Adopting Municipal Code 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 Chapter 18.29 (Overlay Zones) to Create a Mixed -Use O verlay Zone to Allow Residential Development on Certain Parcels Zone CL and CS, and Amending Chapter 18.10 (Understanding the Land Use Code), Chapter 18.12 (Permits 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.” Motion carried by unanimous vote.
10. STAFF REPORTS
10.1 Selection of National City Public Library Mural
Myra Martinez, Management Analyst II, Library , gave the report and PowerPoint presentation.
Recommendation: Library staff recommends that the City Council select the image of the mural to be installed.
ACTION: Motion by Councilmember Molina, seconded by Vice-Mayor Yamane, to allow the Public Arts Committee and the Board of Library Trustees to review the artwork and provide the City Council with a recommendation.
Motion carried by unanimous vote.
10.2 Fiscal Year 2024 Mid-Year Budget Status Report
Adopted Resolution No. 2024-25
Paul Vala dez, Budget Manager, provided a summary of the mid -year budget report.
One (1) in-person Public Comment: Ed Nieto
Recommendation: Accept the Report and Adopt the Resolution Entitled:
“Resolution of the City Council of the City of National City, California, Authorizing Various Fiscal Year 2024 Budget Adjustments”
ACTION: Motion by Councilmember Molina, seconded by Councilmember Rodriguez to adopt the resolution.
Motion carried by unanimous vote.
10.3 Discussion and Direction Regarding Proposed City Councilmember Budget Policy Barry Schultz, City Attorney provided the report.
Recommendation: Review and Discuss Proposed Policy; Provide Direction to City Staff Regarding Modifications and Potential Adoption of Proposed Policy.
Councilmember Bush left the dais at 10:04 p.m. and returned at 10:05 p.m.
Seven (7) speakers provided in-person comment:
Daniel Perez
Randi Salgado
Sean Sampsell
Joan Rincon
Ricardo Sanchez
Ed Nieto
Sherry Gogue
Mayor Morrison appointed two members to an Ad Hoc Committee to receive recommendations from Councilmembers through the City Attorney. Members of the Ad Hoc Committee will be Mayor Morrison and Vice-Mayor Yamane.
At 10:39 p.m., Mayor Morrison reminded the City Council of Policy #104 that requires the City Council Meeting to be adjourned no later than 10:30 p.m. unless extended by Council vote. Mayor Morrison asked the City Council to consider extending the meeting to complete the remaining items. Motion by Councilmember Molina and seconded by Councilmember Bush.
11. CITY MANAGER’S REPORT
No report.
12. ELECTED OFFICIALS REPORT
Closing remarks were provided by members of the City Council.
13. CITY ATTORNEY REPORT
CLOSED SESSION
Mayor Morrison introduced City Attorney Schultz who announced that there was no reportable action on the Closed Session item.
5.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957.6
Position to be reviewed: City Attorney
14. ADJOURNMENT
Mayor Morrison adjourned the meeting to the Regular Meeting of the City Council of the City of National City on Tuesday, April 16, 2024, 6:00 p.m. in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.
The meeting adjourned at 10:53 p.m.
________________________________
Shelley Chapel, MMC, City Clerk
The foregoing minutes were approved at the Regular Meeting of May 7, 2024.
________________________________
Ron Morrison, Mayor
REGULAR MEETING MINUTES OF THE CITY COUNCIL
April 16, 2024, 6:00 p.m.
City Council Chamber - 1243 National City Boulevard
National City, CA
Present: Councilmember Bush
Councilmember Molina
Councilmember Rodriguez
Vice-Mayor Yamane (via Zoom)
Mayor Morrison
Others Present: Benjamin A. Martinez, City Manager
Richard Romero, Assistant City Attorney
Shelley Chapel, City Clerk
Carlos Aguirre, Director of Community Development
Phil Davis, Interim Finance Director
Danielle Ghio, Acting City Librarian
Brian Hadley, Deputy City Manager
Tonya Hussain, Deputy City Clerk
Stephen Manganiello, Director of Engineering/Public Works Sergio Mora, Fire Chief
Omar Ramirez, Internal Affairs/Backgrounds Lieutenant
Chris Sullivan, Police Captain
_____________________________________________________________________
1. CALL TO ORDER
A Regular Meeting of the City Council of the City of National City was called to order at 6:10 p.m. via teleconference and in the Council Ch amber, located in City Hall, 1243 National City Boulevard, National City, California.
Interpretation in Spanish provided by Carlos Diaz and Luisa Diaz de Leon.
AB 2449 Request:
Vice-Mayor Yamane requested to attend the meeting virtually due to “just cause.” Mayor Morrison explained the protocol for AB 2449 Teleconference Attendance of a City Councilmember.
Mayor Morrison confirmed that at least a quorum of the legislative body was present at the location of the meeting in City Council Chamber as identified on the agenda.
Mayor Morrison confirmed a two-way visual and telephonic service and a live webcasting of the meeting to allow the public to hear, and observe the meeting was available, and the opportunity for public to attend via caII —in option, Zoom, and in-person location of the meeting.
This was the first virtual City Council Meeting Vice-Mayor Yamane attended in Calendar Year 2024 under the AB 2449 provision. Vice-Mayor Yamane confirmed there was no other individual over the age of 18 present at the remote location with her.
ACTION: The remote participation of Vice-Mayor Yamane due to “Just Cause” was approved unanimously.
Roll Call Vote to allow Vice-Mayor Yamane to attend virtually via AB 2449.
Councilmembers present: Bush, Molina, Rodriguez, Yamane (via Zoom), Morrison
2. ROLL CALL
Councilmembers present: Bush, Molina, Rodriguez, Yamane (via Zoom), Morrison
3. PLEDGE OF ALLEGIANCE TO THE FLAG
Councilmember Bush led the Pledge of Allegiance.
4. INVOCATION
Invocation delivered by local pastor.
5. PUBLIC COMMENT
Mayor Morrison summarized the process for acceptance of live public comment allowing two (2) minutes per comment and introduced City Clerk Chapel.
Ten (10) speakers provided in -person comments, three (3) people provided virtual comment and one (1) written comment was received.
In-Person Public Comment: Written Comment:
Vincent Yanez Coalition for Fair Employment in Construction Elizabeth Esparza
Sherry Gogue
Julie Paule
Edward Nieto
Eric Quionnes
Andrew McKercher
Thomas G. Rike
Aida Casteneda
Grace Nakashima
Virtual Comment:
Megan Stuart
Diana Munoz
Janice Reynoso
6. PROCLAMATIONS AND RECOGNITION
6.1 National Library Week
Mayor Morrison presented the Proclamation. Acting Librarian Danielle Ghio introduced the members of the Board of Library Trustees who accepted the proclamation.
7. PRESENTATION (Limited to Five (5) Minutes each)
7.1 Southwestern Community College - Higher Education Center National City Mayor Morrison introduced Southwestern College Trustee - Area 1 Robert Moreno who introduced Dean Christine Perri who provided a PowerPoint presentation.
8. INTERVIEWS AND APPOINTMENTS
8.1 Appointments: City Boards, Commissions and Committees – Mayoral Appointment for the Traffic Safety Committee.
Recommendation: Mayoral Appointment with City Councilmembers’ Confirmation.
ACTION: Motion by Mayor Morrison, seconded by C ouncilmember Rodriguez to appoint Natalie Brown to the Traffic Safety Committee with a term ending September 30, 2024.
Motion carried by unanimous vote.
9. REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes each) Councilmember Rodriguez provided an update on the SANDAG Public Safety Committee meeting.
Councilmember Molina presented an update on the SANDAG Board of Directors Meeting.
Vice-Mayor Yamane provided an update on San Diego Community Power, the San Diego County Water Authority, Metro Wastewater Joint Powers Association, and the Sweetwater Authority.
Mayor Morrison provided an update on the business of the Sweetwater Authority, and the Regional Solid Waste Association.
Port Commissioner Sandy Naranjo provided an update on the recent Board meeting and discussion of the Tijuana River Valley and Assembly Bill 2783.
Councilmember Molina disclosed her participation in advocacy for the support of Assembly Bill 2783 authored by Assembly Member Alvarez and her presence at the Assembly Committee Meeting in support of the bill.
10. CONSENT CALENDAR
ACTION: Motion by Councilmember Bush, seconded by Councilmember Molina to approve all Consent Calendar Items with the exception of It ems 10.3 pulled for public comment, 10.5 pulled by Councilmember Bush, and Item 10.8 pulled by Vice -Mayor Yamane.
Motion carried by unanimous vote.
10.1 Approval of Reading by Title Only and Waiver of Reading in Full of Ordinance on this Agenda
Motion carried by unanimous vote.
10.2 Approval of City Council Meeting Minutes.
Approve and file.
Motion carried by unanimous vote.
Item pulled for Public Comment
10.3 2023 Annual Military Equipment Use Report
Adopted Resolution No. 2024-26.
Police Chief Hernandez introduced Lieutenant Omar Rami rez who provided a PowerPoint presentation.
In-person public comment received from Ed Nieto.
Recommendation: Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Receiving the 2023 Annual Military Equipment Use Report, Renewing Ordinance 2022 -2496, and Authorizing the Purchase of Additional Equipment to Include Two Unmanned Aerial Vehicles, Two Daniel Defense Rifles, One Tactical R/C Robot, and a Grant Funded Lenco Bearcat Rescue Vehicle as Required by AB 481.”
ACTION: Motion by Councilmember Molina seconded by Councilmember Bush to adopt the resolution.
Friendly amendment by Councilmember Bush that the item be heard by the Community & Police Relations Commission in the future.
Motion carried by unanimous vote.
10.4 Agreement with Devaney Pate Morris & Cameron, LLP for Legal Services in the Specialized Area of Land Use and Business Matters Regarding the San Diego Unified Port District.
Adopted Resolution No. 2024-27.
Adopt the Resolution Entitled “Resolution of the City Council of the City of National City, California, Authorizing an Agreement Between the City of National City and Devaney Pate Morris & Cameron, LLP for Legal Services in the Specialized Area of Land Use and Business Matters Regarding the San Diego Unified Port District in the Not-to-Exceed Amount of $25,000.
Motion carried by unanimous vote.
Item pulled by Councilmember Bush.
10.5 Agreement Between the City of National City and Kreisberg Law Firm, LLP for Legal Services in the Specialized Area of Labor Law.
Human Resources Director Lydia Hernandez addressed the City Council.
Recommendation: Adopt Resolution entitled, “Resolution of the City Council of the City of National City, California, Approving an Agreement between the City of National City and Kreisberg Law Firm, LLP for Legal Services in the Specialized Area of Labor Law.”
ACTION: Motion by Councilmember Bush , seconded by Councilmember Rodriguez for staff to obtain two additional proposals from law firms and conduct interviews in Closed Session or with an Ad Hoc Committee comprised of Mayor Morrison and Councilmember Bush before the next City Council meeting and for staff to inquire with the Municipal Employees Association regarding the urgency of the matter of including part time employees into the union.
Motion carried by unanimous vote.
10.6 Appropriation of Funds in the amount of $500,004 for the Clean Mobility Options (CMO) Voucher Program for the Free Ride Around National City (FRANC) Shuttle Program.
Adopted Resolution No. 2024-29.
Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, Authorizing the Appropriation of Grant Funds in the amount of $500,004 for the Clean Mobility Options (CMO) Voucher Program for the Free Ride Around National City (FRANC) Shuttle Program.”
Motion carried by unanimous vote.
10.7 Approval of the Fourth Amendment to the Joint Exercise of Powers Agreement for the Metro Wastewater Joint Powers Authority as a Participating Agency Adopted Resolution No. 2024-30.
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, authorizing the Mayor to execute the Fourth Amendment to the Joint Exercise of Powers Agreement for the Metro Wastewate r Joint Powers Authority which Amends Sections 3.02 and 3.05 of the Joint Powers Agreement as a Participating Agency of the Metro Wastewater Joint Powers Authority.” Motion carried by unanimous vote.
Item pulled by Vice-Mayor Yamane
10.8 Approving Job Classifications and Proposed Salary Schedule Adopted Resolution No. 2024-31.
Recommendation: Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Creating Two (2) New Job Classifications for the Roles of Emergency Manager and Fire Division Chief, Revising the Community Services Officer Job Classification, and Amending the Management Compensation Plan Salary Schedule.”
ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Molina to adopt the resolution and for the promotions to be expedited.
Motion carried by unanimous vote.
10.9 Notice of Decision – Variance to Allow a New Single-Family Home to Deviate from Requirements for Minimum Lot Area, Minimum Yard Setbacks, the Location of Parking Spaces, and Maximum Height at a Vacant Property located on East 4th Street.
Staff Recommends Approval of the Variance, Subject to the Recommended Conditions in the Attached Resolution and a Determination that the Project is Exempt from CEQA. The Proposed Single -Family Residence is a Permitted Use in the Small Lot Residential (RS-2) Zone.
Motion carried by unanimous vote.
10.10 Temporary Use Permit – 5th Annual End of Summer Car Show and Cruise hosted by the San Diego Lowrider Association at Kimball Park on Saturd ay, September 7, 2024, from 11:00 a.m. to 5:00 p.m. with No Waiver of Fees.
Approve the Application for a Temporary Use Permit Subject to Compliance with all Conditions of Approval with No Waiver of Fees and in Accordance with City Council Policy 802.
Motion carried by unanimous vote.
10.11 Warrant Register #36 for the period of 3/1/24 through 3/7/24 in the amount of $3,988,162.44
Ratify Warrants Totaling $3,988,162.44
Motion carried by unanimous vote.
10.12 Warrant Register #37 for the period of 3/8/24 through 3/14/24 in the amount of $743,436.99
Ratify Warrants Totaling $743,436.99
Motion carried by unanimous vote.
10.13 Warrant Register #38 for the period of 3/15/24 through 3/21/24 in the amount of $2,335,074.98
Ratify Warrants Totaling $2,335,074.98
Motion carried by unanimous vote.
11. PUBLIC HEARING
11.1 Introduction of an Ordinance Amending Section 9.07 (Food Caterers and Catering Equipment Rentals) of the National City Municipal Code.
Assistant Director of Community De velopment Martin Reeder provided a PowerPoint presentation.
Mayor Morrison declared the Public Hearing open at 8:05 p.m.
In-person public comment:
Erika Burboa
Christian & Gabriella Villasana
Eddie Perez
Edward Nieto
Vice-Mayor Yamane exited Zoom visibility at 8:14 p.m. and returned at 8:16 p.m.
ACTION: Motion by C ouncilmember Rodriguez, seconded by C ouncilmember Bush to close the public hearing.
Motion carried by unanimous vote.
Public Hearing closed at 8:20 p.m.
Recommendation: Introduce the Ordinance
ACTION: Motion by C ouncilmember Rodriguez, seconded by C ouncilmember Bush to introduce the Ordinance.
Motion carried by unanimous vote.
Mayor Morrison released the translator at 8:28 p.m.
11.2 Ordinance for Introduction – Discharge of Fats, Oils and Grease (FOG) to the Municipal Sewer System.
Councilmember Rodriguez left the dais at 8:41 p.m. and returned at 8:46 p.m.
Assistant Director of Engineering/Public Works Martha Juarez presented the item.
Mayor Morrison declared the Public Hearing open at 8:47 p.m.
There was no public comment.
ACTION: Motion by Councilmember Bush, seconded by Councilmember Molina to close the Public Hearing.
Motion carried by unanimous vote.
Public Hearing closed at 8:48 p.m.
Recommendation: Introduce Ordinance by First Reading, entitled, “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 Co ntrol to Title 14 of the National City Municipal Code.”
ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Rodriguez to introduce the Ordinance.
Motion carried by unanimous vote.
Mayor Morrison called for a recess at 8:52 p.m. Meeting reconvened at 9:00 p.m. with all members present.
11.3 Public Hearing and Adoption of a Resolution of the City Council of the City of National City amending the previously adopted Transportation Development Impact Fee (TDIF) schedule and annual adjustment to the TDIF.
Adopted Resolution No. 2024-32.
Director of Engineering/Public Works Steve Manganiello presented the item.
Mayor Morrison declared the Public Hearing open at 9:03 p.m.
Public Comment received from Thomas Rike.
ACTION: Motion by Councilmember Molina, seconded by C ouncilmember Bush to close the Public Hearing.
Motion carried by unanimous vote.
Public Hearing closed at 9:06 p.m.
Recommendation: Public Hearing and Adoption of a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Amending the previously adopted Transportation Development Impact Fee (TDIF) Schedule and Annual Adjustment to the TDIF, Pursuan t to National City Municipal Code Section 4.52.100 and Consistent with Government Code Section 66017, Approving an Adjustment to the TDIF as Required by the San Diego Association of Governments (SANDAG) for Receipt of TransNet Local Street Improvement Revenues, Resulting in the TDIF Increasing from $2,741.97 per New Residential Dwelling Unit to $2,875.06 per Unit Beginning July 1, 2024.
ACTION: Motion by Councilmember Molina, seconded by Vice-Mayor Yamane to adopt the resolution.
Motion carried by unanimous vote.
12. STAFF REPORTS
12.1 Update on Bid Results for El Toyon Park Improvements (CIP No. 22-26) Director of Engineering/Public Works Steve Manganiello presented the item.
One public comment was received from AJ Estrada.
Recommendation: Accept and file the staff report.
No vote.
12.2 Update on the Use of American Rescue Plan Act (ARPA) Funds Director of Engineering/Public Works Steve Manganiello provided a PowerPoint presentation.
Virtual Public Comment received from Janice Reynoso.
In-person comment:
Eddie Perez
Ed Nieto
Randi Castle Salgado
Recommendation: Provide Feedback and Direction on Priorities for Expenditure of Remaining ARPA Funds.
ACTION: Motion by Councilmember Bush, seconded by C ouncilmember Molina to move forward with Option 4 – Prefabricated or portable facilities for showers, restrooms, locker rooms and changing areas.
Motion approved by unanimous vote.
13. CITY MANAGER’S REPORT
City Manager Ben Martinez announced the deadline to apply for FEMA assistance and spoke to staff's attendance at the 4th Annual Cruising Community Policing Conference.
In-person public comment received from Aida Castaneda.
City Council of Policy #104 requires the City Council Meeting to be adjourned no later than 10:30 p.m. unless extended by Council vote. At 10:30 p.m. Mayor Morrison asked the City Council to consider extending the meeting to complete the remaining items. Motion by Councilmember Molina and seconded by Councilmember Bush. Motion carried by unanimous vote.
14. ELECTED OFFICIALS REPORT
14.1 POLICY 105 REQUEST - Local Agency Formation Commission Informational Presentation - Requested by Councilmember Bush
Councilmember Bush introduced the item.
In-person public comment received from Eddie Perez.
Virtual Public comment received from Sharon Cloward.
ACTION: Motion by Councilmember Bush, seconded by Councilmember Molina to invite LAFCO, the State Lands C ommission, and the Port of San Diego to participate in a City Council meeting occurring in May to discuss the Municipal Service Agreement.
Substitute Motion by Mayor Morrison for the City to postpone the item until LAFCO received indication that they have jurisdiction, seconded by Vice-Mayor Yamane.
After further discussion, Vice-Mayor Yamane withdrew her second.
Substitute motion failed due to lack of a second.
Original motion.
Ayes: Bush, Molina
Nays: Rodriguez, Yamane, Morrison
Motion failed by 3-2 vote.
14.2 POLICY 105 REQUEST - Support of AB 2783 - Requested by Councilmember Bush
Councilmember Bush introduced the item.
In-person comment:
Jennifer Blackhall
Edward Nieto
Eddie Perez
Kyle Heiskala
Ansermio Estrada
Bridget Browning
Virtual Comment:
Janice Reynoso
Sharon Cloward
Sophie Silvestri
ACTION: Motion by Councilmember Bush, seconded by Councilmember Molina to place the item on the agenda for a Special City Council meeting before April 24, 2024.
Ayes: Bush, Molina
Nays: Rodriguez, Yamane, Morrison
Motion failed by 3-2 vote.
Closing remarks were provided by members of the City Council.
15. CITY ATTORNEY REPORT
No report.
16. ADJOURNMENT
Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, on Tuesday, May 7, 2024, 6:00 p.m. in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.
The meeting adjourned at 11:36 p.m.
__________________________________
Tonya Hussain, Deputy City Clerk
The foregoing minutes were approved at the Regular Meeting of May 7, 2024.
________________________________
Ron Morrison, Mayor
AGENDA REPORT
Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC, City Clerk’s Office Meeting Date: Tuesday, May 7, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Biennial Review and Adoption of Resolution Amending the National City Conflict of Interest Code.
RECOMMENDATION:
Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City Adopting the Amended City Conflict of Interest Code which Incorporates by Reference t he Fair Political Practices Commission’s (FPPC ) Standard Model of Conflict o f Interest Code, Repealing Resolution No. 2022-128.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
Background
Government Code Section 87306.5 requires no later than July 1 of each even-numbered year, the City Council, as the Code reviewing body for the City departments, must review the Conflict of Interest Code, list of designated reporting positions, and the respective disclosure categories.
The purpose of this review is to provide reasonable assurance that all foreseeable potential conflict of interest situations involving City Elected Officials, City employees, Consultants, and Members of listed Boards, Commissions and Committees will be disclosed or prevented. State law also mandates that upon completion of the review of the Conflict of Interest Code, the Code should be amended to reflect any changes necessitated by the review, including new and/or different positions, duties and responsibilities.
A public official has a financial interest in a decision if it is reasonably foreseeable that the decision will have a material financial effect distinguishable from its effect on the public generally on the official, a member of their immediate family (spouse, registered domestic partner and dependent children), or on any economic interest. Government Codes Section 87103.
No public official at any level of State or local government shall make, participate in making or in any way attempt to use their official position to influence a governmental decision in which he or she knows or has reason to know that they have a financial interest. Government Code Section 87100.
The term “public official” includes every me mber, officer, employee, or consultant of a local agency. “Member” includes boards, commission, and committee members who possess decision making authority per Regulation 18701 (a)(1)
An official “makes” a decision when they:
Vote on a matter;
Approve the Budget;
Adopt Policy
Enter into contractual agreements; or,
Make purchases.
Participates in a Decision means:
Negotiating the terms of a Contract;
Writing the Specification of a Bid; or,
Advising or making recommendations to the decision-making or governing body without significant intervening substantive review.
City Conflict of Interest Code
Staff has completed a review of Appendix A of Designated Filers and is requesting the City Council adopt the proposed Resolution which will amend the Con flict of Interest Code. The Appendix has been updated with the following positions which have been established or abolished since the last review in 2022, and amendments suggested based on actual responsibilities of the positions.
Code Filer Newly Established Positions or Changes in Titles:
Assistant Director of Community Development , City Manager Reorganization approved 2/6/24
Building Official
City Librarian, City Manager Reorganization approved 2/6/24 Community Services Director
Crime & Intelligence Analyst, Resolution No. 2023-39
Deputy City Manager, City Manager Reorganization approved 2/6/24 Director of Finance, City Manager Reorganization approved 2/6/24 Equipment Mechanic I, Resolution No. 2023-60
Equipment Mechanic II
Executive Assistant III, City Manager Reorganization approved 2/6/24 Fire Inspector I, Resolution No. 2023-113
Fire Inspector II
Homelessness Services Coordinator, Resolution No. 2022-132 Lead Equipment Mechanic
Library Circulation Supervisor, Resolution No. 2023-113 Nutrition Services Supervisor, Resolution No. 2022-132
Public Works Crew Supervisor, Resolution No. 2023-113
Senior Information Technology Analyst, Resolution No. 2022-40
Abolished Positions:
Assistant City Manager, City Manager Reorganization approved 2/6/24 Director of Housing & Economic Development , City Manager Reorganization approved 2/6/24
Director of Administrative Services, City Manager Reorganization approved 2/6/24 Director of Library and Community Services , Ci ty Manager Reorganization approved 2/6/24
Planning Manager, City Manager Reorganization approved 2/6/24
State law also mandates that upon completion of the review of the Conflict of Interest Code, the Code should be amended to reflect any changes necessitated by the review, including new and/or different positions, duties and responsibilities.
Upon adoption of the Resolution, a copy of the Resolution and amended Conflict of Interest Code are to be forwarded to the Fair Political Practices Commission ( FPPC) by the Office of the City Clerk.
FINANCIAL STATEMENT:
There is no fiscal impact associated with this item.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Communication and Outreach
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065.
PUBLIC NOTIFICATION:
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 – Filing Categories
Exhibit B – Resolution Adopting the Amended Conflict of Interest Code Exhibit C – Appendix A - Positions and Disclosure Categories
EXHIBIT A
CITY OF NATIONAL CITY CONFLICT OF INTEREST CODE
DESIGNATED CODE FILER POSITIONS
GENERAL PROVISIONS
When a designated employee or individual is required to disclose investments, business positions and sources of income, they need only disclose investments in business entities and sources of income which do business in the City, plan to do business in the City or have done business in the City within the past two (2) years. In addition to other activities, a business entity is doing business within the City if it owns real property within the City. When a designated employee or individual is required to disclose real property they need only disclose that which is located in whole or in part, within or not more than two (2) miles outside the boundaries of the City or within two (2) miles of any land owned or used by the City.
Designated employees or individuals shall disclose their financial interest pursuant to the appropriate disclosure category as indicated in this Exhibit "A". All designated employees required to submit an initial Statement of Interest Form 700 shall file electronically including electronic signature with the City Clerk within thirty (30) days after the effective date of this resolution. Initial filings shall cover the period of the twelve (12) months prior to the date of the adoption of this Conflict of Interest Code.
All individuals appointed, promoted, or transferred to a designated position shall file statements within thirty (30) days of assuming office. These "assuming office" statements cover the period of the twelve (12) months prior to the date of assuming office statement.
When an individual is in an "interim or acting" capacity, they are subject to the same disclosure requirements of the position in which they are filling. An assuming office statement would be filed.
Annual statements shall be filed with the City Clerk by April 1 of each year by all designated employees, elected officials, Committee/Board/ Commission members or individuals. Such statements shall cover the period of the preceding calendar year.
Every designated employee who leaves office shall file, within thirty (30) days of leaving office, a statement disclosing financial interests held or received at any time during the period between the closing date of the last statement required to be filed and the date of leaving office.
Any individual serving in dual roles may file a combined s tatement by reporting according to their broadest range of disclosure.
Failure to file the required statement in a timely fashion may result in the imposition of administrative, criminal , and civil sanctions as provided in Government Code Sections 81000-91014.
Resource: Title 2, California Code of Regulations, Section 18730 Provisions of Conflict of Interest Codes.
3 DISCLOSURE CATEGORIES CATEGORY
Category 1: Disclose all business entities and non -profit organizations in which investments, business positions (e.g. director, officer, partner, trustee, employee or hold any position of management) and sources of income including gifts, loans and travel payments located in National City, including property located within a two -mile radius of any property owned or used by the City of National City.
Example: Accountants, Board Members, City Council, Chief Executives (Directors) , Fire Chief, Fire Battalion Chief, Engineers, and 87200 filers such as City Council.
Category 2: All interests in real property within the jurisdiction of the City.
Example: Community Development and or Planning Director, Appraiser, Building Inspectors, Planning Commission and Fire Inspector and 87200 filers such as City Council
Category 3: All investments, business positions in business entities, non-profit organizations and sources of income, including gifts, loans and travel payments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the specific City department.
Example: Risk Manager, Building Inspectors, Engineer, Plan Check, and 87200 filers such as City Council
Category 4: All investments in business entities, non-profit organizations and sources of income, including gifts, loans and tr avel payments, and sources of income which engage in land development, construction or the acquisition of real property, and interests in real property located in National City, including property located within a two-mile radius of any property owned or used by the City of National City.
Example: Purchasing Agent, Fire Marshall, Fire Captain, Building Inspector, and 87200 filers such as City Council
Category 5: All investments in business entities, non -profit organizations in which investments, business positions (e.g. director, officer, partner, trustee, employee or hold any position of management) and sources of income including gifts, loans and travel payments, and of the type which contracts with the City to provide services, supplies, materials, machinery or equipment to any City department.
Example: Fleet or Facilities Supervisor, IT, Building Inspector, and 87200 filers such as City Council
Category 6: All investments in business entities and sources of income of the type which contracts with the City to provide to the designated employee’s department services, supplies, materials, machinery or equipment to any City department.
Example: Fleet or Facilities Supervisor, IT, and 87200 filers such as City Council.
4 Category 7: All investments, positions in business entities, income including gifts, loans and travel payments, and income from non-profit organizations, if the sources is the type that receives grants or other monies from or through the City.
Example: Grants Coord inator, Parks & Recreation Deputy Director, Parks & Recreation Supervisors, Police Captain, and 87200 filers such as City Council.
Unlimited Disclosures: 87200 Category are required to file full disclosure of all categories pursuant to Article 2 of Chapter 7 of the Political Reform Act, Government Code sections 87200, et. seq. Position meets criteria in Regulation 18700.3 as a public investment manager.
Example: City Council, Planning Commissioners, City Manager, City Attorney, City Treasurer, and other public officials who manage public investments and candidates for any of these offices at any election comply with the provisions of the Political Reform Act rel ating to the filing of Statements of Economic Interests. All such positions are deemed as 87200 Designated Positions.
CONSULTANTS
The staff person most knowledgeable of the work that a Consultant will be performing shall designate whether or not the Consultant must file a Statement of Economic Interest by marking the appropriate box on the Agreement or Contract cover sheet. When determined that a Consultant is designated and is responsible for disclosure, they shall be required to file a Statement of Economic Interest disclosing reportable interests subject to all disclosure categories.
Consultants who make (not just recommend) governmental decisions, such as whether to approve a rate, rule, or regulation, whether to issue, deny, suspend, or revoke any permit, license, application, certificate or similar authorization, adopt or grant City approval to a plan, design, report, study, or adopt or grant City approval of policies, standards, or guidelines for the City or any subdivision thereof shall be required to disclose. Consultants who act in a staff capacity with the City, and in that capacity perform the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a designated position in the City's Conflict of Interest Code , shall disclose at the same level as the comparable designated position identified.
RESOLUTION NO. 2024 –
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE
AMENDED CITY CONFLICT OF INTEREST CODE WHICH INCORPORATES BY REFERENCE THE FAIR POLITICAL PRACTICES COMMISSION’S (FPPC) STANDARD MODEL OF CONFLICT OF INTEREST CODE, REPEALING RESOLUTION NO. 2022-128
WHEREAS, the Political Reform Act of 1974, Government Code Sections 81000, et seq., requires every state or local government agency to adopt and promulgate a Conflict of Interest Code that designates positions and financial interests that must be disclosed by those positions; and
WHEREAS, designated positions shall file Statement of Economic Interest with the City Clerk through the City Electronic Filing System “NetFile” and are available for public inspection upon acceptance in the system, and reproduction per Government Code Section 81008; and
WHEREAS, Conflict of Interest statements are retained per the City Records Retention Code and FPPC Regulations 18944 and 18944.1, and Government Code Sections 81009, and 84615; and
WHEREAS, the F air Political Practices Commission has adopted a standard model Conflict of Interest Code, 2 California Code of Regulations Section 18730, which can be incorporated by reference, and which will be amended to conform to amendments in the Political Reform Act of 1974 after public notice and hearings conducted by the Fair Political Practices Commission (FPPC) pursuant to the Administrative Procedure Act, Government Code Sections 11370, et seq.; and
WHEREAS, the City of National City has adopted the standard m odel and last amended its Conflict of Interest Code in 2022 by Resolution Number 2022-128; and
WHEREAS, Section 87306.5 of the Act requires that no later than July 1 of each even - numbered year, the code reviewing body (the City Council is the “code review ing body” for all agencies in the City, including the CDC) shall cause a review of its conflict of interest code to occur, and for the code to be amended if necessitated by changed circumstances; and
WHEREAS, the Conflict of Interest Code differentiates between designated positions with different powers and responsibilities and requires disclosure of all foreseeable Conflict of Interest; and,
WHEREAS, the City of National City has determined that changes are necessary to reflect the addition and/or delet ion of certain positions and ha s amended the attached Appendix to accurately reflect those changes which should be designated and the categories of financial interests which should be made reportable.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: That the above recitals are true and correct.
Section 2: That the standard FPPC Conflict of Interest Code, as set forth in Title 2 California Code of Regulations Section 18730, and as may be amended from time to time by the FPPC, is incorporated by reference and constitutes the Conflict of Interest Code for the City of National City.
Section 3: That the list of designated positions subject to the requirem ents of the Conflict of Interest Code are amended, including their respective disclosure categories are set forth in Appendix A, attached to the Agenda Report as Exhibit C.
Section 4: That the City of National City has conducted the 2024 Biennial Review of its Conflict of Interest Code, as required by the Political Reform Act, and as a result of the biennial review determined the need for an amended Conflict of Interest Code as presented in this resolution.
Section 5: That Resolution No. 2022-128 is hereby repealed.
Section 6: That the City Council of the City of National City, California , hereby approves the City of National City Conflict of Interest Code which is attached as Exhibit A to the Agenda Report..
PASSED, APPROVED AND ADOPTED by the City Council of the City of National City at this regular meeting this 7th day of May, 2024.
_____________________________
Ron Morrison, Mayor
ATTEST:
_____________________________
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
_____________________________
Barry J. Schultz, City Attorney
1 APPENDIX A
National City Positions and Disclosure Categories
CURRENT POSITIONS
CURRENT
DISCLOSURE
CATEGORIES
2022
SUGGESTED
DISCLOSURE
CATEGORIES
2024
Accountant 1,2,4,5 1,2,4,5
Assistant City Attorney 1,2,3,5,7 1,2,3,5,7
Assistant City Manager 1,2,3,5,7 REMOVE
Assistant Director of Community
Development
None 1,2,5,7
Assistant Engineer – Civil 1,2,3,5,7 1,2,3,5,7
Associate Planner 3,4 3,4
Battalion Chief 2 2
Budget Manager 1,2,3,4,5,6,7 1,2,3,4,5,6,7
Building Official None 1,2,3,4,5
Buyer 2,4,5,7 2,4,5,7
City Attorney 87200 87200
City Clerk 1,2,6 1,2,6
City Librarian None 6,7
City Manager 87200 87200
City Treasurer 87200 87200
Code Conformance Officer II 3 3
Community Development Manager 1,2,6,7 1,2,6,7
Community Development Specialist II 2 2
Community Development Specialist
III
1,2,4,5,7 1,2,4,5,7
Confidential Assistant 1,2,3,5,7 1,2,3,5,7
City Councilmember 87200 87200
Community Services Director None 1,2,5,7
Crime & Intelligence Analyst None 7
Deputy City Attorney 1,2,3,5,7 1,2,3,5,7
Deputy City Clerk 1,2,6 1,2,6
Deputy City Manager None 1,2,3,5,7
Deputy Fire Marshall 1,2,6 1,2,6
Director of Housing & Economic
Development
1,2,6,7 REMOVE
Director of Administrative Services 1,2,5,7 REMOVE
Director of Community Development 1,2,5,7 1,2,5,7
Director of Emergency Services 1,2,5,7 1,2,5,7
Director of Finance None 1,2,5,7
Director of Library and Community
Services
1,2,5,7 REMOVE
Director of Public Works/City
Engineer
1,2,5,7 1,2,5,7
Equipment Maintenance Supervisor 5 5
Equipment Mechanic I None 5
2 Equipment Mechanic II None 5
Executive Assistant II 3,6 3,6
Executive Assistant III None 3,6
Executive Assistant IV 1,2,5,7 1,2,5,7
Executive Secretary 1,2,5,7 1,2,5,7
Financial Services Officer 1,2,5,7 1,2,5,7
Fire Battalion Chief 2,4,5,7 2,4,5,7
Fire Inspector 2,4,5 2,4,5
Fire Inspector I None 2,4,5
Fire Inspector II None 2,4,5
Homelessness Service Coordinator None 1,2,6,7
Housing Programs Manager 1,3,6,7 1,3,6,7
HR Resources Analyst None None
HR Director 1,2,5,7 1,2,5,7
HR Manager 1,5,7 1,5,7
IT Analyst 3,4,6 3,4,6
IT Manager 4,6,7 4,6,7
Lead Equipment Mechanic None 5
Library Circulation Supervisor None 6
Management Analyst II 1,3,4,6 1,3,4,6
Management Analyst III 1,3,4,6 1,3,4,6
Mayor 87200 87200
Neighborhood Services Manager 1,3,4,6 1,3,4,6
Nutrition Programs Manager 6 6
Nutrition Services Supervisor None 6
Park Superintendent 3,4,6 3,4,6
Park Supervisor 3,4,6 3,4,6
Planning Commissioner 87200 87200
Police Captain 1,2,3,6,7 1,2,3,6,7
Police Chief 1,2,3,6,7 1,2,3,6,7
Police Lieutenant 1,2,6 1,2,6
Police Operations Assistant 3,5 3,5
Police Records Clerk 3 3
Police Records Supervisor 3,5,6 3,5,6
Police Support Services Manager 3 3
Principal Civil Engineer 1,3,5 1,3,5
Principal Librarian 6,7 6,7
Principal Planner 1,2 1,2
Property Agent 1,2,6,7 1,2,6,7
Public Works Crew Supervisor None 5,6,
Recreation Supervisor 6 6
Senior Accountant 1,2 1,2
Senior Accounting Assistant 1,4,5,7 1,4,5,7
Senior Construction Inspector 3 3
Senior Information Technology
Analyst
None 3,4,6
Street and Wastewater Maintenance
Supervisor
3,4,5 3,4,5
Stop Grant Office Coordinator 3 3
Training Coordinator 3 3
3 BOARDS/COMMISSIONS/COMMITTEES
CURRENT
DISCLOSURE
CATEGORIES
2022
SUGGESTED
DISCLOSURE
CATEGORIES
2024
Board of Library Trustee Member 1 1
Civil Service Commissioner 1 1
Community & Police Relations Commissioner 1 1
Housing Advisory Committee Member 1,2,3,4,5,6,7 1,2,3,4,5,6,7 Planning Commissioner 87200 87200
Port Commission 1,2,4,7 1,2,4,7
Public Art Committee 3,7 3,7
Traffic Safety Committee 3,4 3,4
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:
City Council 2024 Legislative Recess and Notification of Cancelled Meeting for November 5, 2024, Election Day
RECOMMENDATION:
Provide Direction to Staff on o bserving a Legislative Recess, which is Historically t aken in the Month of July. In Addition, Direct the City Clerk to Notice the Cancelled Meeting for Tuesday, November 5, 2024, Election Day, as Allowed by National City Municipal Code (NCMC) 2.04.020, and City Council Policy No. 104 (III)(H), and (K).
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
Legislative Recess - July
Since 2014, the City Council (Council) has observed a legislative recess during the summer to provide City staff and Elected Officials an opportunity to catch up on work, reenergize, and prepare for the start of a new fiscal year. The purpose of this agenda item, is to determine whether the City Council would like to once again consider a legislative recess in 2024.
Background
Observing a legislative recess from a City Council Meeting Schedule is practiced in a number of San Diego cities that recess both in the summer and winter. Some citi es, including State Legislature and quasi-governmental entities such as the San Diego Association of Governments (SANDAG) and the Airport Authority, recess over an entire month, generally in the summer. For the past eight (8) years, the Council voted to recess during the month of July. Prior to that the City Council voted to recess during the month of August one (1) time. This is consistent with City Council Policy #104 Section III Meetings (H):
H. City Council Recess Periods: The City Council has traditionally observed a recess period during the summer to provide elected officials and staff an opportunity to catch up on work, reenergize after a lengthy budget and strategic planning process, and prepare for the start of a new fiscal year. For purposes of this policy, a recess period is defined as a period of time longer than twenty (20) days without a regular or special meeting of the Council.
To assist the City Council with its decision, please note the following:
Should the City Council recess in July, there would be (6) weeks between meetings (June 19- August 6, 2024). As a reminder, the first meeting after the break, Tuesday, August 6 , 2024, is also “National Night Out.” City Councils in the past have opted to begin the City Council Meeting at 5:00 p.m. with a light agenda, allowing the City Council to attend the “National Night-Out Against Crime” events held in the City.
Election Night – Tuesday, November 5, 2024
To date it is known that the City of National City will have two (2) City Councilmember Seats (District 2 and District 4), and a City Measure (Citizens Initiative “National City Special Parcel Tax for Streets and Parks” on the November Ballot. This would qualify per NCMC 2.040.20, f or the City Council to give the City Clerk direction to post a Notice of Cancellation to dispense with the Tuesday, November 5, 2024, City Council Meeting.
National City Municipal Code Section 2.04.020 – Dispensing with Meetings.
In the event that the t ime of a regular meeting of the City Council falls on a holiday or election day, no meeting will be held that week. Any regular meeting may be dispensed with by a vote of the City Council.
City Council Policy No. 104 (III)(K)
K. Holidays or Elections: In the event that a regular meeting of the City Council is scheduled on the same day as a legal holiday or an election day on which a National City Candidate or National City Measure appears on the ballot, no meeting will be held that week. Any regular meeting may be dispensed with by a majority vote of the City Council.
FINANCIAL STATEMENT:
Not Applicable.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Communication and Outreach
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065.
PUBLIC NOTIFICATION:
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.
AGENDA REPORT
Department: Community Development
Prepared by: Angelita Palma, Housing Manager
Meeting Date: Tuesday, May 7, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Consent for the Housing Authority of the County of San Diego to Administer 24 HUD -VASH Project Based Vouchers for the Union Tower Affordable Housing Development
RECOMMENDATION:
Adopt the Resolution Entitled “Resolution of the Community Development Comm ission-Housing Authority of the City of National City, California, Consenting to the Housing Authority of the County of San Diego Administering 24 HUD -VASH Project-Based Vouchers for the Union Tower Affordable Housing Development Project at 2312 “F” Avenue in National City.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
Wakeland Housing and Development Corporation (Developer) has requested and been allocated 24 HUD-VASH Project-Based Vouchers (PBVs) from the Housing Authority of the County of San Diego (HACSD) for the Union Tower affordable housing development (“Union Tower”) located at 2312 F Avenue in National City. HACSD administers the U.S. Department of Housing & Urban Development (HUD) Veterans Affairs Supportive Housing (VASH) program, which is funded by HUD as part of the Housing Choice Voucher (HCV) Program and provides tenant -based and project-based rental assistance for veterans experiencing homelessness.
HACSD has requested that t he Community Development Commission-Housing Authority of the City of National City (CDC -HA) grant consent for the 24 HUD-VASH Union Tower PBVs within the CDC-HA’s jurisdiction for a 20-year term. This is in accordance with California Code Health and Safety Code Section 34312.5, which states that an authority may provide leased housing to persons of low income throughout the county in which it operates. Furthermore, approval from the other authority’s local governing body is provided in advance of construction.
HACSD and the County of San Diego do not intend to provide any additional funding or services beyond the awarded HUD -VASH PBVs and County Innovative Housing Trust Fund (IHTF) funding. Supportive services provided to residents of Union Tower are the Develop er’s responsibility.
Services and Individualized Assistance
HUD-VASH PBVs will be paired with specialized supportive and case management services from the local Veteran Affairs medical facilities for the 20 -year term of the vouchers. Wrap-around supportive services will include the following:
Linking residents to workforce opportunities and providing assistance with job searches and resume writing
Computer training and literacy
Financial counseling
Assistance with homework, tutoring, and mentoring
Referrals to resources and benefits
Resources for mental and physical health and wellness
About the Development
Union Tower (Development) is a 100% multi -family affordable housing new construction development located in National City. There will be two (2) four and seven-story buildings with a total of 94 affordable housing units ranging from 30% to 60% of the County of San Diego’s Area Median Income (AMI). The Project will include adaptable features in more than half of its units (69 units total), including 15 mobility feature units and 10 communication feature units. Of the total units, 24 will be restricted to veterans who have experienced homelessness.
Funding Sources
The total Project costs are estimated at $$75,879,383.
Low-Income Housing Tax Credit (LIHTC)
California Department of Housing and Community Development (HCD) Infill Infrastructure Grant Program (IIG)
HCD Multifamily Housing Program (MHP)
HCD Veterans Housing and Homelessness Prevention Program (VHHP) County of San Diego Innovative Housing Trust Fund (IHTF) County of San Diego Housing Authority Project Based Vouchers (PBV) National City Housing Fund Loan
National City HUD HOME and HOME-American Rescue Plan (HOME-ARP) Loan Private Loans
Deferred Developer Fee
Staff Recommendation
Staff is recommending the CDC-HA adopt the resolution providing consent to use the 24 VASH Vouchers for the Development and additionally to authorize the Executive Director of the Housing Authority or his designee to execute a memorandum of agreement, in form and substance approved by the City Attorney, that reflects only the consent provided in the resolution pursuant to Health & Safety Code Section 34312.5.
FINANCIAL STATEMENT:
There will ne no cost to the City as a result of adopting the resolution.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Housing and Community Development
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review. CCR15378; PRC 21065.
PUBLIC NOTIFICATION:
The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act.
ORDINANCE:
Not Applicable
EXHIBIT:
Exhibit A - Resolution
RESOLUTION NO. 2024 -
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION-HOUSING AUTHORITY
OF THE CITY OF NATIONAL CITY, CALIFORNIA, CONSENTING TO THE HOUSING AUTHORITY OF THE COUNTY OF SAN DIEGO ADMINISTERING 24 HUD-VASH PROJECT-
BASED VOUCHERS FOR THE UNION TOWER AFFORDABLE HOUSING DEVELOPMENT PROJECT AT 2312 “F” AVENUE IN NATIONAL CITY
WHEREAS, the Housing Authority of the County of San Diego (HACSD) administers the U.S. Department of Housing & Urban Development (HUD) Veterans Affairs Supportive Housing (VASH) program, which is funded by HUD as part of the Housing Choice Voucher (HCV) Program and provides tenant -based and project -based rental assistance for veterans experiencing homelessness; and
WHEREAS, Wakeland Development (Developer) has requested and been allocated 24 HUD-VASH Project -Based Vouchers (PBVs ) from HACSD for the Union Tower affordable housing development (“the Development”) located at 2312 F Avenue National City, CA 91950; and
WHEREAS, California Health and Safety Code section 34312.5 states that an authority may provide leased housing to persons of low income throughout the county in which it operates, except no commitment to provide leased housing outside the area of operation may be made in advance of construction with out the approval of the local governing body of the city with the jurisdiction of the site of construction; and
WHEREAS, HACSD’s role is to administer the HUD-VASH PBVs at the Development, and HACSD and the County of San Diego are not providing or intendi ng to provide any additional funding or services beyond the awarded HUD-VASH PBVs and County Innovative Housing Trust Fund (IHTF) funding; and
WHEREAS, Supportive services provided to residents of the Development are the Developer’s responsibility.
NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION -HOUSING
AUTHORITY OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: That the Community Development Commission-Housing Authority of the City of National City (CDC-HA) hereby provides consent to the Housing Authority of the County of San Diego (HACSD) to administer 24 HUD-VASH PBVs at the Union Tower affordable housing development (“the Development”) located at 2312 F Avenue National City, CA 91950.
The Development is located within the CDC-HA jurisdiction, and consent is granted to HACSD, as required by CA Health and Safety Code section 34312.5.
Section 2: That the Community Development Commission-Housing Authority of the City of National City hereby authorizes the Executive Director of the Housing Authority or his designee to execute a memorandum of agreement, in form and substance approved by the City Attorney, that reflects only the consent provided in this resolution pursuant to Health & Safety Code section 34312.5.
Section 4: That the City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions.
2 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
AGENDA REPORT
Department: Community Development - Neighborhood Services Prepared by: Ronny Soriano, Neighborhood Services Manager Meeting Date: Tuesday, May 7, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Grant Agreement with the County of San Diego He alth Human Services Agency for Reimbursement to the City of National City for Homelessness Outreach
RECOMMENDATION:
Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, Authorizing a Subrecipient Grant Agreement with the County of San Dieg o Health Human Services Agency Funded by the California Interagency Council on Homelessness Encampment Resolution Funding Program to Provide Reimbursement for Homeless ness Outreach and Establishing an Appropriation and Corresponding Revenue Budget of $110,332.72.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
The Encampment Resolution Funding Program is a grant administered by the California Interagency Council on Homelessness. The grant funds innovative projects that offer support for individuals experiencing homelessness residing in encampments by providing a meaningful path to stable, long -term housing. The County of San Diego has partnered with the City of National City, City of Chula Vista, and Caltrans to apply for a project focused on addressing encampments in the Plaza Bonita Road area. On September 12, 2023, the County was awarded $5,095,063.03 in Encampment Resolution Funding Rolling grant funds. Of the total grant award, $110,332.72 is allocated to the City of National City.
In order to receive the Encampment Resolution funds, the City will need to enter into a Subrecipient Grant Agreement (Agre ement) with the County of San Diego by and through its Health and Human Services Agency Department of Homeless Solutions and Equitable Communities, Office of Homeless Solutions (OHS). This requires a resolution to appropriate the funds. The subrecipient agreement and resolution are attached.
The City’s role will be to provide transportation and linkage to services that homeless persons transitioning into housing will need to be successful in their transition. City Homeless Outreach staff have already been doing this work with the homeless population in the Plaza Bonita area since January of this year, including the relocation of i ndividuals to the Motel 6 in Chula Vista, where they are receiving case management services.
The Encampment Resolution Funding Program funds local demonstration projects that feature data-informed, innovative service delivery models, and cross systems collaborations that support individuals experiencing homelessness in encampments toward a meaning ful path to safe and stable housing through non -punitive, low -barrier, person -centered, Housing First approaches.
Eligible uses of grant funds include the following:
Rapid Rehousing : Rapid rehousing, including housing identification services, rental subsidies, security deposits, incentives to landlords, and holding fees for eligible persons, housing search assistance, case management and facilitate access to other community - based services.
Operating Subsidies : Operating subsidies in new and existin g affordable or supportive housing units, emergency shelters, and navigation centers. Street Outreach: Street outreach to assist eligible persons to access crisis services, interim housing options, and permanent housing and services.
Services Coord ination: Services coordination, which may include access to workforce, education, and training programs, or other services needed to improve and promote housing stability for eligible persons, as well as direct case management services being provided to persons.
Systems Support : Systems support for activities that improve, strengthen, augment, complement, and/or are necessary to create regional partnerships and a homeless services and housing delivery system that resolves persons’ experiences of unsheltered homelessness.
Delivery of Permanent Housing : Delivery of permanent housing and innovative housing solutions, such as unit conversions that are well suited for eligible persons. Prevention and Shelter Diversion: Prevention and shelter diversion to permanent housing, including flexible forms of financial assistance, problem solving assistance, and other services to prevent people that have been placed into permanent housing from losing their housing and falling back into unsheltered homelessness. Interim Sheltering: Int erim sheltering, limited to newly developed clinically enhanced congregate shelters, new or existing non - congregate shelters, and operations of existing navigation centers and shelters based on demonstrated need that are well suited for eligible persons. Improvements to Existing Emergency Shelters : Improvements to existing emergency shelters to lower barriers, increase privacy, better address the needs of eligible persons, and improve outcomes and exits to permanent housing.
Administration: up to 5% of awarded funds may be applied to administrative costs.
Staff recommends City Council approve entering into the Agreement.
FINANCIAL STATEMENT:
If approved, a grant appropriation of $110,332.72 will be established for personnel costs in Expenditure Account No. 282-50-61-61480-* with a corresponding revenue in account No. 282- 50-61-61480-3463.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Housing and Community Development
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review. 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 - Grant Agreement
Exhibit B - Resolution
Subrecipient Grant Agreement – Plaza Bonita Encampment Grant Page 1 of 8 HHSA-HSEC-OHS and the City of National City 4/2/2024
HHSA-G-1.9 Attachment A
Agreement Template (2023 v3)
SUBRECIPIENT GRANT AGREEMENT
COUNTY OF SAN DIEGO AND CITY OF NATIONAL CITY
Parties
This Subrecipient Grant Agreement (Agreement) is made between the County of San Diego (County) by and through its Health and Human Services Agency (HHSA) Department of Homeless Solutions and Equitable Communities (HSEC) Office of Homeless Solutions (OHS) and the City of National City (Subrecipient). The parties to this agreement may be referred to herein collectively as the “parties” or individually as a “party”.
Recitals
WHEREAS, On December 1, 2022, State of California Governor Gavin Newsom announced the Notice of Availability of Funding for $240 million from the Encampment Resolution Funding Program Grant to close encampments and move people experiencing homelessness into housing and shelter.
WHEREAS, On September 12, 2023, the State of California Business, Consumer Services and Housing Agency’s (BCSH) California Interagency Council on Homelessness (Cal ICH) notified the County of the award for the Encampment Resolution Funding Rolling (ERF-3-L) in the amount of $5,095,063.03.
WHEREAS, on October 24, 2023, the San Diego County Board of Supervisors authorized the acceptance of ERF-3-L grant in the amount of $5,095,063.03.
WHEREAS, the funding will serve individuals experiencing homelessness in the Plaza Bonita Area encompassing a specific area within the jurisdictions of the City of Chula Vista, City of National City, County of San Diego unincorporated area, and Caltrans.
WHEREAS, those being served through the grant will receive custom person -centered interventions, including outreach and engagement, transportation, linkage to health supports, access to public benefits, access to flex funding, bridge housing with case management and permanent housing.
WHEREAS, the Board authorized the County Chief Administrative Officer (CAO) or designee to execute a subrecipient agreement with the City of National City to fund up to $ 110,332.72 in personnel costs, totaling $110,332.72.
WHEREAS, the County wishes to transfer ERF-3-L funding to the Subrecipient for the purposes and under the terms and conditions set forth in this Agreement;
THEREFORE, in consideration of the foregoing recitals and the mutual covenants and promises to se t forth below, and for other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto agree as follows:
1. Administration of Agreement: Each party identifies the following individual to serve as the authorized administrative representative for that party. Any party may change its
Subrecipient Grant Agreement – Plaza Bonita Encampment Grant Page 2 of 8 HHSA-HSEC-OHS and the City of National City 4/2/2024
HHSA-G-1.9 Attachment A
Agreement Template (2023 v3)
representatives at any time by notifying the other parties in writing of such change and listing its effective date.
County of San Diego
HHSA-HSEC
Barbara Jiménez,
Community Operations Officer
1255 Imperial Ave, Ste 730
San Diego, CA 92101
619-338-2722
[email protected]
Subrecipient
City of National City
Qiana Williamson
Homeless Services Coordinator
1243 National City Blvd.
National City, CA 91950
619-510-1398
[email protected]
2. Parties’ Agreement:
2.1. Amount of Grant. The County agrees to pay Subrecipient the amount up to $110,332.72 for the Encampment Resolutions Grant Plaza Bonita project. Under no circumstances is County obligated to pay Subrecipient more than this amount. County shall pay Subrecipient after County receives a signed copy of this Agreement from Subrecipient.
2.2. Purpose of Grant. Subrecipient shall use the grant funds provided by the County under this Agreement solely for purposes eligible under ERF-3-L.
2.3. Effective Date and Term of Agreement. This Agreement shall be effective on the date it is executed by the last party to sign the Agreement. The term of this Agreement shall commence on the effective date through June 30, 2026.
2.4. Time Period for Use of Grant Funds . Subrecipient shall have until June 30, 2024, to spend 50% of the grant funds and until June 30, 2026, to spend 100% of the funds under this Agreement and/or return all unexpended funds to County. The parties may, by mutual written agreement, extend the deadline to expend funding under this Agreement as allowable by ERF-3-L timelines.
2.5. Disallowance. If the County’s administrator reasonably determines that the grant funds provided exceed Subrecipient’s total actual expenditures authorized under this Agreement or otherwise disallows any funding paid to Subrecipient under this Agreement or provides such concern in writing to Subrecipient pursuant to the notice provisions of this Agreement and following a reasonable opportunity thereafter to address and resolve such concern including through receipt of additional documentation and information from Subrecipient, Subrecipient shall refund to the County the amount specified by the County administrator. Subrecipient shall make this refund within seven (7) County business days, or as soon as thereafter as reasonably possible, after receiving a written request for refund from the County’s administrator pursuant to the notice provisions of this Agreement. In its sole discretion, the County may offset the refund amount from any payment due to or to become due to Subrecipient under this Agreement.
3. Restrictions on Use of Grant Funds.
3.1. Grant funds shall not be used for any purpose prohibited by laws governing the use of public funds including, but not limited to, religious purposes, political campaigning, or purely private purposes or activities.
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3.2. Subrecipient shall only spend grant funds on expenses deemed eligible under the Program Description as allowable by ERF-3-L funding guidelines.
3.3. Subrecipient shall not use grant funds for any authorized expenditure if it is reimbursed from another source, including, but no t limited to, other ERF -3-L programs, insurance proceeds, or any other state, federal or local program.
3.4. Subrecipient shall not donate any grant funds to a third party.
3.5. Subrecipient shall not assign or transfer any interest in this Agreement (whether by assignment or novation), without the prior written consent of the County.
3.6. Subrecipient shall comply with all terms and conditions as listed in this Agreement.
3.7. Subrecipient’s failure to comply with any provision in Paragraph 3 shall constitute a material breach of this Agreement.
4. Reports.
4.1. Monthly Reports. Subrecipient shall submit to County monthly progress reports, using a format provided by the County’s for this grant. Progress reports shall provide a brief description of activities that have occurred, funds that have been expended and any problems encountered in the performance of the work under this Agreement during the applicable reporting period. Reporting shall be required even if no activities related to this Agreement occurred during the reporting period. The Subrecipient shall document all activities and expen ditures in progress reports, including work performed by its contractors.
4.2. As Needed Reports . Upon request of County, Subrecipient shall promptly submit any reports, data, and information reasonably required by County or the State for purposes of reporting requirements and expenditures or for any other purpose
5. Audit and Inspection of Records . At any time during normal business hours and as often as the County may deem necessary, the Subrecipient shall make available, within five (5) County business days of the receipt of a request, to the County for examination all of its records with respect to all matters covered by this Agreement and will permit the County to audit, examine and make excerpts or transcripts from such records, and make audits of all invoices, materials, payrolls, records of personnel and other data relating to all matters covered by this Agreement. Unless otherwise specified by the County, said records shall be made available for examination within San Diego County, California. Subrecipient shall maintain such records in an accessible location and condition to the later of a period of five (5) years after the termination of this Agreement after all funds have been spent or any remaining funds have been returned unless County agrees in wr iting to an earlier disposition. The State of California or any Federal agency having an interest in the subject of this Agreement shall have the same rights conferred upon County by this Agreement.
6. Termination of Agreement for Cause . If Subrecipient f ails to perform its obligations according to this Agreement, the County may send Subrecipient a written notice of default that specifies the nature of the default. Subrecipient shall cure the default within three (3) County business days following receipt of the notice of default. If Subrecipient fails to cure the default within that time, the County may terminate this Agreement by giving Subrecipient
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written notice of immediate termination. Upon termination, Subrecipient shall promptly provide County's administrator with Documentation of Grant Expenditures setting forth Subrecipient 's total actual expenditures for the purpose of the grant as of the effective date of termination. Subrecipient shall promptly refund to County all funds County paid to Subrecipient under this Agreement that exceed Subrecipient 's total actual expenditures for the purpose of the grant, as determined by County's administrator, as of the effective date of termination. The County may also seek any and all legal and equitable rem edies against Subrecipient for breaching this Agreement.
7. Termination for Convenience of County. County may terminate this Agreement at any time by giving written notice to Subrecipient of such termination and specifying the effective date thereof at least 30 days before the effective date of such termination. On or before the date of termination, Subrecipient shall provide County’s administrator with Documentation of Grant Expenditures setting forth Subrecipient’s total actual expenditures for the purpose of the grant as of the effective date of termination. Subrecipient shall promptly refund to County all funds County paid to Subrecipient under this Agreement that exceed Subrecipient’s total actual expenditures for the purpose of the grant, as determined by County’s administrator, as of the effective date of termination.
8. Termination for Convenience of Subrecipient. Subrecipient may terminate this Agreement at any time by giving written notice to County's administrator of such termination and specifying the effective date thereof at least 60 days before the effective date of such termination. On or before the date of termination, Subrecipient shall provide County’s administrator with Documentation of Grant Expenditures setting forth Subrecipient’s total actual expenditures for the purpose of the grant as of the effective date of termination. Subrecipient shall promptly refund to County all funds County paid to Subrecipient under this Agreement that exceed Subrecipient’s total actual expenditure for the purpose of the grant, as determined by County’s administrator, as of the effective date of termination.
9. Conflict of Interests . Subrecipient shall comply with all federal, state, and local conflict of interest laws, regulations, and policies applicable to public contracts and procurement practices including California Government Code sections 1090, et. seq. and 81000, et. seq.
10. Publication, Reproduction and Use of Material. No material produced, in whole or in part, under this Agreement shall be subject to copyright in the United States or in any other country. The County shall have unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in p art, any reports, data or other materials prepared under this Agreement.
11. Insurance. Subrecipient certifies that it is self-insured and will maintain the same level of insurance through the duration of this Agreement.
12. Independent Capacity. In the performance of this Agreement, Subrecipient and its agents, employees and volunteers shall act in an independent capacity and not as officers, employees, agents, or volunteers of the County. This Agreement does not create an employment relationship between Subrecipient and the County.
13. Equal Opportunity. Subrecipient will not discriminate against any employee, or against any applicant for such employment because of age, race, color, religion, disability, ancestry, sex,
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or national origin, or any other protected class as defined by Federal or State law. This provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
14. Defense and Indemnity. To the fullest extent permitted by law, County shall not be liable for, and Subrecipient shall defend and indemnify County and its officers, agents, employees and volunteers (collectively, “County Parties”) against any and all claims, deductibles, self-insured retentions, demands, liability, judgments, awards, fines, mechanics’ liens or other liens, labor disputes, losses, damages, expenses, charges or costs of a ny kind or character, including attorneys’ fees and court costs (collectively, “Claims”), which arise out of or are in any way connected to County’s provision of grant funds and/or Subrecipient’s use of grant funds under this Agreement arising either directly or indirectly from any act, error, omission or negligence of Subrecipient or its officers, employees, volunteers, agents, contractors, licensees or servants, including without limitation, Claims caused by the sole passive negligent act or the concurrent negligent act, error or omission, whether active or passive, of County Parties. Subrecipient shall have no obligation, however, to defend or indemnify County Parties from a Claim if it is determined by a court of competent jurisdiction that such Claim was caused by the sole active negligent act or willful misconduct of County Parties.
15. Governing Law. This agreement shall be governed, interpreted, construed, and enforced in accordance with the laws of the State of California.
16. Complete Agreement . This Agreement constitutes the entire agreement between Subrecipient and County regarding the subject matter contained herein. All other representations, oral or written, are superseded by this Agreement. Neither party is relying on any representation outside of this Agreement. This Agreement may be changed only by written amendment signed by both parties.
17. Waiver. The failure of either party to enforce any term, covenant or condition of this Agreement shall not be construed as a waiver of that party’s right to subsequently enforce this, or any other term, covenant, or condition of this Agreement. No waiver shall be deemed effective unless the waiver is expressly stated in writing and signed by the party waiving the right or benefit.
18. Consultation with Counsel. Each party has had the opportunity to consult with independent legal counsel of its own choosing before executing this Agreement and has executed this Agreement without fraud, duress, or undue influence of any kind.
19. Interpretation. The provisions of this Agreement shall be liberally construed to effectuate its purpose. The language of all parts of this Agreement shall be construed simply according to its plain meaning and shall not be construed for or against either party.
20. Terms and Conditions Surv ive Expiration of Term of Agreement . Unless otherwise specified herein, all terms and conditions of this Agreement shall survive the expiration of the Term of Agreement specified in Paragraph 4 above.
21. Remedies. Unless otherwise expressly provided herein, the rights and remedies in this Agreement are in addition to, and not a limitation on, other rights and remedies under this
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Agreement, at law or in equity, and exercise of one right or remedy shall not be deemed a waiver of any other right or remedy.
22. Prevailing Wage.
22.1. Unless exempted by applicable law (e.g., Labor Code § 1720.4), projects using over $1,000 of grant funds for construction, alteration, demolition, installation, repair, refuse and ready -mix concrete hauling, maintenance work, or any other work for which prevailing wages must be paid by Labor Code § 1720 et seq. shall be deemed a “public work” for State prevailing wage purposes. It is not the intent of this Agreement to impose an obligation to pay prevailing wages on work otherwise exempt f rom the prevailing wage laws. Subrecipient shall be solely responsible for ensuring prevailing wages are paid when owed.
22.2. Projects subject to the payment of State prevailing wages are subject to compliance monitoring and enforcement by the Department of I ndustrial Relations. Subrecipient shall be responsible for ensuring all required job site postings and all certified payroll and other reporting applicable to it as an awarding body are completed in accordance with the State’s prevailing wage regulations. Information regarding the State’s prevailing wage requirements can be obtained from the Director, Department of Industrial Relations at www.dir.ca.gov , Labor Code § 1720, et seq., and 8 Cal. Code of Regs . § 16000, et seq.
23. Counterparts and Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This Agreement may be executed using electronic or digital signatures in accordance with California law, which signatures shall be deemed an original.
24. Live Well San Diego Vision. The County of San Diego, Health and Human Service Agency (HHSA), supports the Live Well San Diego vision of Building Better Health, Living Safely, and Thriving. Live Well San Diego, developed by the County of San Diego, is a comprehensive, innovative regional vision that combines the efforts of partners inside and outside County government to help all residents be healthy, safe, and thriving. All HHSA partners and contractors, to the extent feasible, are expected to advance this vision. Building Better Health focuses on improving the health of residents and supporting healthy choices . Living Safely seeks to ensure residents are protected from crime and abuse, neighborhoods are safe, and communities are resilient to disasters and emergencies. Thriving focuses on promoting a region in which residents can enjoy the highest quality of life. Information about the Live Well San Diego can be found on the County’s website and a website dedicated to the vision:
http://www.sdcounty.ca.gov/hhsa/programs/sd/live_well_san_diego/index.html http://www.LiveWellSD.org
25. A Trauma-Informed System. The County of San Diego Health and Human Services Agency (HHSA) is committed to becoming a Trauma -Informed System as part of it s effort to build a better service delivery system. All programs operated and supported by HHSA shall be part of a Trauma -Informed System, which includes providing trauma -informed services and maintaining a trauma-informed workforce. It is an approach for engaging individuals – staff, clients, partners, and the community – and recognizing that trauma and chronic stress influence coping strategies and behavior. Trauma -informed systems and services minimize
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the risk of re -traumatizing individuals and/or famil ies, and promote safety, self -care, and resiliency. Trauma-Informed Principles include:
Understanding trauma and its impact to individuals.
Promoting safety.
Awareness of cultural, historical, disability, and gender issues, and ensuring competence and responsiveness.
Supporting consumer empowerment, control, choice, and independence. Sharing power and governance (e.g. including clients and staff at all levels in the development and review of policies and procedures).
Demonstrating trustworthiness and transparency.
Integrating services along the continuum of care.
Believing that establishing safe, authentic, and positive relationships can be healing. Understanding that wellness is possible for everyone.
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Agreement Template (2023 v3)
County of San Diego
Dated: __________________________ By:
ERIC C. MCDONALD, MD, MPH, FACEP
Interim Agency Director
Health and Human Services Agency
City of National City
Dated: __________________________ By:
BENJAMIN A. MARTINEZ
City Manager
City of National City
Dated: __________________________ By:
BARRY J. SCHULTZ
City Attorney
City of National City
RESOLUTION NO. 2024 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA,
AUTHORIZING A SUBRECIPIENT GRANT AGREEMENT WITH THE COUNTY OF SAN
DIEGO HEALTH HUMAN SERVICES AGENCY FUNDED BY THE CALIFORNIA
INTERAGENCY COUNCIL ON HOMELESSNESS ENCAMPMENT RESOLUTION FUNDING
PROGRAM TO PROVIDE REIMBURSEMENT FOR HOMELESSNESS OUTREACH AND
ESTABLISHING AN APPROPRIATION AND CORRESPONDING REVENUE BUDGET OF $110,332.72
WHEREAS, on December 1, 2022, State of California Governor Gavin Newsom announced the Notice of Availability of Funding for $240 million from the Encampment Resolution Funding Program Grant to close encampments and move people experiencing homelessness into housing and shelter; and
WHEREAS, on September 12, 2023, the State of California Business, Consumer Services and Housing Agency’s (BCSH) California Interagency Council on Homelessness (Cal ICH) notified the County of San Diego (County) of the award for the Encampment Resolution Funding Rolling (ERF-3-L) in the amount of $5,095,063.03; and
WHEREAS, on October 24, 2023, the County Board of Supervisors (Board) authorized the acceptance of the ERF-3-L grant in the amount of $5,095,063.03; and
WHEREAS, the funding will serve individuals experiencing homelessness in the Plaza Bonita Area encompassing a specific area within the jurisdictions of the City of Chula Vista, City of National City, County unincorporated area, and Caltrans; and
WHEREAS, those being served through the grant will receive custom person - centered interventions, including outreach and engagement, transportation, linkage to health supports, access to public benefits, access to flex funding, bridge housing with case management and permanent housing; and
WHEREAS, the Board authorized the County Chief Administrative Officer (CAO) or designee to execute a subrecipient grant agreement with the City of National City to fund up to $110,332.72 in personnel costs; and
WHEREAS, the County wishes to transfer ERF-3-L funding to the City of National City for the purposes and under the terms and conditions set forth in the Agreement attached as Exhibit “A” to the Agenda Report.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NAT IONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: That the City Council hereby a uthorizes the Subrecipient Grant Agreement between the City of National City and the County of San Diego Health Human Services Agency to provide the City of National City reimbursement for Homelessness Outreach.
Section 2: That the City Council a uthorizes the appropriation of funds in the amount of $110,332.72 for personnel costs related to Encampment Resolution Funding to Expenditure
Account No. 282 -50-61-61480-* and corresponding Revenue Account No. 282 -50-61-61480- 3463.
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
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 January 31, 2024.
RECOMMENDATION:
Accept and File the Investment Transaction Ledger for the Month Ended January 31, 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 City’ s investment portfolio for the month ending January 31, 2024.
FINANCIAL STATEMENT:
In this period, there were acquisitions of $2,030,203.38 and dispositions of $1,195,180.14.
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 2024-0131
MONTHLY ACCOUNT STATEMENT
City of National City | Account As of January 31, 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
CONFIDENTIAL | 2
City of National City | Account As of January 31, 2024
Execution Time: 02/05/2024 12:13:12 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
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 0.38% 3.50% 0.38% 4.06% 0.54% (0.11%) 1.26% 1.13% 1.04% Benchmark Return* 0.36% 3.35% 0.36% 3.61% 0.05% (0.46%) 0.98% 0.91% 0.85% Average Modified Duration 2.48
Average Coupon 2.56%
Average Purchase YTM 2.60%
Average Market YTM 4.38%
Average Quality AA
Average Final Maturity 2.77
Average Life 2.72
Beg. Values as of
01/01/2024
End Values as of
01/31/2024
Market Value 36,847,965.28 36,956,145.47
Accrued Interest 250,272.02 253,308.99
Total Market Value 37,098,237.30 37,209,454.46
Income Earned 77,391.37 79,339.11
Cont/WD 0.00 0.00
Par 38,015,144.30 38,089,747.23
Book Value 37,996,865.98 38,030,094.17
Cost Value 37,996,865.98 38,030,094.17
United States 44.35%
Federal Home Loan Banks 8.86%
FHLMC 6.76%
Farm Credit System 4.72%
Apple Inc. 1.76%
PACCAR Inc 1.70%
The World Bank Group 1.70%
FNMA 1.64%
*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
CONFIDENTIAL | 3
City of National City | Account As of January 31, 2024
Execution Time: 02/05/2024 12:13:12 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
STATEMENT OF COMPLIANCE
Rules Name Limit Actual Compliance
Status Notes
AGENCY MORTGAGE SECURITIES (CMOS)
Max % (MV) 20.0 4.0 Compliant
Max % Issuer (MV) 5.0 4.0 Compliant
Max Maturity (Years) 5.0 4.7 Compliant
Min Rating (AA by 1) 0.0 0.0 Compliant
ASSET-BACKED SECURITIES (ABS)
Max % (MV) 20.0 2.9 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 25.9 Compliant
Max % Issuer (MV) 5.0 1.8 Compliant
Max Maturity (Years) 5 5 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
*See Footnote
CONFIDENTIAL | 4
City of National City | Account As of January 31, 2024
Execution Time: 02/05/2024 12:13:12 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
STATEMENT OF COMPLIANCE
Rules Name Limit Actual Compliance
Status Notes
Max % (MV) 100.0 18.1 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 0.6 Compliant
Max % Issuer (MV) 20.0 0.6 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 4.2 Compliant
Max % Issuer (MV) 10.0 1.7 Compliant
Max Maturity (Years) 5 5 Compliant
Min Rating (AA- by 1) 0.0 0.0 Compliant
U.S. TREASURIES
Max % (MV) 100.0 44.3 Compliant
*See Footnote
CONFIDENTIAL | 5
City of National City | Account As of January 31, 2024
Execution Time: 02/05/2024 12:13:12 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
STATEMENT OF COMPLIANCE
Rules Name Limit Actual Compliance
Status Notes
Max Maturity (Years) 5 4 Compliant
*See Footnote
CONFIDENTIAL | 6
City of National City | Account As of January 31, 2024
Execution Time: 02/05/2024 12:13:12 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
RECONCILIATION SUMMARY
Accrual Activity Summary
Fair Market Activity Summary
Month to Date Fiscal Year to Date
(07/01/2023)
Beginning Book Value 37,996,865.98 37,732,951.71
Maturities/Calls (675,000.00) (1,730,000.00)
Principal Paydowns (81,984.59) (601,623.99)
Purchases 2,028,826.28 11,951,510.79
Sales (1,194,934.70) (9,206,623.96)
Change in Cash, Payables, Receivables (32,050.15) 1,364.12 Amortization/Accretion 0.00 0.00
Realized Gain (Loss) (11,628.65) (117,484.50)
Ending Book Value 38,030,094.17 38,030,094.17
Month to Date Fiscal Year to Date
(07/01/2023)
Beginning Market Value 36,847,965.28 35,694,797.82
Maturities/Calls (675,000.00) (1,730,000.00)
Principal Paydowns (81,984.59) (601,623.99)
Purchases 2,028,826.28 11,951,510.79
Sales (1,194,934.70) (9,206,623.96)
Change in Cash, Payables, Receivables (32,050.15) 1,364.12 Amortization/Accretion 0.00 0.00
Change in Net Unrealized Gain (Loss) 74,951.99 964,205.19 Realized Gain (Loss) (11,628.65) (117,484.50)
Ending Market Value 36,956,145.47 36,956,145.47
Maturities / Calls
Month to Date (675,000.00)
Fiscal Year to Date (1,730,000.00)
Principal Paydowns
Month to Date (81,984.59)
Fiscal Year to Date (601,623.99)
Purchases
Month to Date 2,028,826.28
Fiscal Year to Date 11,951,510.79
Sales
Month to Date (1,194,934.70)
Fiscal Year to Date (9,206,623.96)
Interest Received
Month to Date 78,038.65
Fiscal Year to Date 440,795.89
Purchased / Sold Interest
Month to Date (1,131.66)
Fiscal Year to Date (12,134.46)
CONFIDENTIAL | 13
City of National City | Account As of January 31, 2024
Execution Time: 02/05/2024 12:13:12 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
TRANSACTION LEDGER
Transaction Type Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/
Sold Total Amount Gain/Loss
ACQUISITIONS
Purchase 01/02/2024 60934N807 32,655.00 FEDERATED HRMS GV O SVC 1.000 4.94% (32,655.00) 0.00 (32,655.00) 0.00 Purchase 01/03/2024 60934N807 1,153.99 FEDERATED HRMS GV O SVC 1.000 4.94% (1,153.99) 0.00 (1,153.99) 0.00 Purchase 01/08/2024 60934N807 5,078.13 FEDERATED HRMS GV O SVC 1.000 4.98% (5,078.13) 0.00 (5,078.13) 0.00 Purchase 01/10/2024 60934N807 6,900.00 FEDERATED HRMS GV O SVC 1.000 4.98% (6,900.00) 0.00 (6,900.00) 0.00 Purchase 01/10/2024 60934N807 400,000.00 FEDERATED HRMS GV O SVC 1.000 4.98% (400,000.00) 0.00 (400,000.00) 0.00 Purchase 01/16/2024 60934N807 12,510.08 FEDERATED HRMS GV O SVC 1.000 4.96% (12,510.08) 0.00 (12,510.08) 0.00 Purchase 01/16/2024 60934N807 55,610.71 FEDERATED HRMS GV O SVC 1.000 4.96% (55,610.71) 0.00 (55,610.71) 0.00 Purchase 01/17/2024 60934N807 5,414.73 FEDERATED HRMS GV O SVC 1.000 4.96% (5,414.73) 0.00 (5,414.73) 0.00 Purchase 01/17/2024 60934N807 275,000.00 FEDERATED HRMS GV O SVC 1.000 4.96% (275,000.00) 0.00 (275,000.00) 0.00 Purchase 01/18/2024 60934N807 1.56 FEDERATED HRMS GV O SVC 1.000 4.99% (1.56) 0.00 (1.56) 0.00 Purchase 01/18/2024 60934N807 5,059.00 FEDERATED HRMS GV O SVC 1.000 4.99% (5,059.00) 0.00 (5,059.00) 0.00 Purchase 01/19/2024 06051GHD4 500,000.00 BANK OF AMERICA CORP 3.419 12/20/2028 93.536 4.92% (467,680.00) (1,377.10) (469,057.10) 0.00 Purchase 01/22/2024 60934N807 8,979.39 FEDERATED HRMS GV O SVC 1.000 4.98% (8,979.39) 0.00 (8,979.39) 0.00 Purchase 01/22/2024 60934N807 64.29 FEDERATED HRMS GV O SVC 1.000 4.98% (64.29) 0.00 (64.29) 0.00 Purchase 01/25/2024 60934N807 12,335.49 FEDERATED HRMS GV O SVC 1.000 4.98% (12,335.49) 0.00 (12,335.49) 0.00 Purchase 01/25/2024 60934N807 4,392.12 FEDERATED HRMS GV O SVC 1.000 4.98% (4,392.12) 0.00 (4,392.12) 0.00 Purchase 01/29/2024 60934N807 251,897.29 FEDERATED HRMS GV O SVC 1.000 0.00% (251,897.29) 0.00 (251,897.29) 0.00 Purchase 01/30/2024 60934N807 5,400.00 FEDERATED HRMS GV O SVC 1.000 4.99% (5,400.00) 0.00 (5,400.00) 0.00 Purchase 01/31/2024 69371RS80 475,000.00 PACCAR FINANCIAL CORP 4.6 01/31/2029 99.837 4.64% (474,225.75) 0.00 (474,225.75) 0.00 Purchase 01/31/2024 60934N807 4,468.75 FEDERATED HRMS GV O SVC 1.000 5.00% (4,468.75) 0.00 (4,468.75) 0.00 Total Purchase 2,061,920.53 (2,028,826.28) (1,377.10) (2,030,203.38) 0.00 TOTAL ACQUISITIONS 2,061,920.53 (2,028,826.28) (1,377.10) (2,030,203.38) 0.00
DISPOSITIONS
Sale 01/19/2024 60934N807 (469,057.10) FEDERATED HRMS GV O SVC 1.000 4.99% 469,057.10 0.00 469,057.10 0.00 Sale 01/29/2024 023135BW5 (255,000.00) AMAZON.COM INC 0.45 05/12/2024 98.687
0.50% 251,651.85 (245.44) 251,897.29 (2,975.85)
Sale 01/31/2024 60934N807 (474,225.75) FEDERATED HRMS GV O SVC 1.000 5.00% 474,225.75 0.00 474,225.75 0.00 Total Sale (1,198,282.85) 1,194,934.70 (245.44) 1,195,180.14 (2,975.85)
CONFIDENTIAL | 14
City of National City | Account As of January 31, 2024
Execution Time: 02/05/2024 12:13:12 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
TRANSACTION LEDGER
Transaction Type Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/
Sold Total Amount Gain/Loss
TOTAL DISPOSITIONS (1,198,282.85) 1,194,934.70 (245.44) 1,195,180.14 (2,975.85) OTHER
TRANSACTIONS
Coupon 01/01/2024 3137FETN0 0.00 FHMS K-073 A2 3.35
01/25/2028 4.60% 530.42 0.00 530.42 0.00
Coupon 01/01/2024 3137FGZT5 0.00 FHMS K-079 A2 3.926
06/25/2028 4.60% 981.50 0.00 981.50 0.00
Coupon 01/01/2024 3137FG6X8 0.00 FHMS K-077 A2 3.85
05/25/2028 4.24% 2,310.00 0.00 2,310.00 0.00
Coupon 01/01/2024 3137H4BY5 0.00 FHMS K-746 A2 2.031
09/25/2028 5.22% 541.60 0.00 541.60 0.00
Coupon 01/07/2024 3135G0X24 0.00 FEDERAL NATIONAL MORTGAGE ASSOCIATION 1.625 01/07/2025 1.69% 5,078.13 0.00 5,078.13 0.00 Coupon 01/10/2024 24422EUR8 0.00 JOHN DEERE CAPITAL CORP 3.45 01/10/2024 3.45% 6,900.00 0.00 6,900.00 0.00
Coupon 01/13/2024 45950KDD9 0.00 INTERNATIONAL FINANCE CORP
4.5 07/13/2028 4.53% 7,425.00 0.00 7,425.00 0.00
Coupon 01/15/2024 89240BAC2 0.00 TAOT 2021-A A3 0.26
05/15/2025 0.26% 10.79 0.00 10.79 0.00
Coupon 01/15/2024 47788UAC6 0.00 JDOT 2021 A3 0.36 09/15/2025 0.36% 9.83 0.00 9.83 0.00 Coupon 01/15/2024 58769KAD6 0.00 MBALT 2021-B A3 0.4
11/15/2024 0.40% 4.66 0.00 4.66 0.00
Coupon 01/15/2024 47789QAC4
0.00 JDOT 2021-B A3 0.52
03/16/2026 0.52% 35.64 0.00 35.64 0.00
Coupon 01/15/2024 43815BAC4 0.00 HAROT 2022-1 A3 1.88
05/15/2026 1.88% 298.14 0.00 298.14 0.00
Coupon 01/15/2024 47787JAC2 0.00 JDOT 2022 A3 0.36 09/15/2026 2.33% 245.06 0.00 245.06 0.00 Coupon 01/15/2024 47800AAC4 0.00 JDOT 2022-B A3 3.74
02/16/2027 3.74% 483.08 0.00 483.08 0.00
Coupon 01/15/2024 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 01/15/2024 87612EBM7 0.00 TARGET CORP 1.95 01/15/2027 1.99% 2,096.25 0.00 2,096.25 0.00
CONFIDENTIAL | 15
City of National City | Account As of January 31, 2024
Execution Time: 02/05/2024 12:13:12 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
TRANSACTION LEDGER
Transaction Type Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/
Sold Total Amount Gain/Loss
Coupon 01/15/2024 79466LAG9 0.00 SALESFORCE INC 0.625
07/15/2024 0.64% 203.13 0.00 203.13 0.00
Coupon 01/17/2024 24422EVN6 0.00 JOHN DEERE CAPITAL CORP 0.45 01/17/2024 0.45% 618.75 0.00 618.75 0.00
Coupon 01/17/2024 61747YET8 0.00 MORGAN STANLEY 4.679
07/17/2026 4.68% 4,795.98 0.00 4,795.98 0.00
Coupon 01/18/2024 43813KAC6 0.00 HAROT 2020-3 A3 0.37
10/18/2024 0.37% 1.56 0.00 1.56 0.00
Coupon 01/21/2024 43813GAC5 0.00 HAROT 2021-1 A3 0.27
04/21/2025 0.27% 2.99 0.00 2.99 0.00
Coupon 01/21/2024 43815GAC3 0.00 HAROT 2021-4 A3 0.88
01/21/2026 0.89% 61.30 0.00 61.30 0.00
Coupon 01/25/2024 05601XAC3 0.00 BMWLT 2022-1 A3 1.03
03/25/2025 1.10% 28.60 0.00 28.60 0.00
Coupon 01/30/2024 91159HHX1 0.00 US BANCORP 2.4 07/30/2024 0.65% 5,400.00 0.00 5,400.00 0.00 Coupon 01/31/2024 91282CFB2 0.00 UNITED STATES TREASURY 2.75 07/31/2027 3.30% 4,468.75 0.00 4,468.75 0.00
Total Coupon 0.00 44,229.66 0.00 44,229.66 0.00
Dividend 01/31/2024 60934N807 0.00 FEDERATED HRMS GV O SVC 5.00% 32.98 0.00 1,758.84 0.00 Total Dividend 0.00 32.98 0.00 1,758.84 0.00
Maturity 01/10/2024 24422EUR8 (400,000.00) JOHN DEERE CAPITAL CORP 3.45 01/10/2024 100.000 3.45% 400,000.00 0.00 400,000.00 (8,860.00) Maturity 01/17/2024 24422EVN6 (275,000.00) JOHN DEERE CAPITAL CORP 0.45 01/17/2024 100.000 0.45% 275,000.00 0.00 275,000.00 195.25 Total Maturity (675,000.00) 675,000.00 0.00 675,000.00 (8,664.75) Principal Paydown 01/15/2024 89240BAC2 9,820.54 TAOT 2021-A A3 0.26 05/15/2025 0.26% 9,820.54 -- 9,820.54 1.83
Principal Paydown 01/15/2024 47788UAC6 4,779.39 JDOT 2021 A3 0.36 09/15/2025 0.36% 4,779.39 -- 4,779.39 0.91 Principal Paydown 01/15/2024 58769KAD6 13,972.44 MBALT 2021-B A3 0.4 11/15/2024 0.40% 13,972.44 -- 13,972.44 1.06
Principal Paydown 01/15/2024 47789QAC4 6,966.89 JDOT 2021-B A3 0.52 03/16/2026 0.52% 6,966.89 -- 6,966.89 0.62
Principal Paydown 01/15/2024 43815BAC4 11,943.39 HAROT 2022-1 A3 1.88 05/15/2026 1.88% 11,943.39 -- 11,943.39 1.79
CONFIDENTIAL | 16
City of National City | Account As of January 31, 2024
Execution Time: 02/05/2024 12:13:12 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
TRANSACTION LEDGER
Transaction Type Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/
Sold Total Amount Gain/Loss
Principal Paydown 01/15/2024 47787JAC2 8,128.06 JDOT 2022 A3 0.36 09/15/2026 2.33% 8,128.06 -- 8,128.06 1.80 Principal Paydown 01/18/2024 43813KAC6 5,059.00 HAROT 2020-3 A3 0.37 10/18/2024 0.37% 5,059.00 -- 5,059.00 0.74
Principal Paydown 01/21/2024 43813GAC5 2,743.80 HAROT 2021-1 A3 0.27 04/21/2025 0.27% 2,743.80 -- 2,743.80 0.05
Principal Paydown 01/21/2024 43815GAC3 6,235.59 HAROT 2021-4 A3 0.88 01/21/2026 0.89% 6,235.59 -- 6,235.59 1.32
Principal Paydown 01/25/2024 05601XAC3 12,335.49 BMWLT 2022-1 A3 1.03 03/25/2025 1.10% 12,335.49 -- 12,335.49 1.84
Total Principal
Paydown 81,984.59 81,984.59 -- 81,984.59 11.95
TOTAL OTHER
TRANSACTIONS (593,015.41) 801,247.23 0.00 802,973.09 (8,652.80)
CONFIDENTIAL | 41
City of National City | Account As of January 31, 2024
Execution Time: 02/05/2024 12:13:12 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
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