Agenda packet, regular meeting — National City City Council, November 19, 2024 (part 1 of 7)

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.

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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.

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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.

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A PARTIR DEL 1 DE ENERO DE 2023
Todas las contribuciones a los candidatos y funcionarios electos actuales deben autoinformar una Declaración de contribución de campaña a un concejal de más de $ 250 en el último año (a partir del 1 de enero de 2023). Este informe puede incluirse en el Recibo del orador de comentarios públicos que se completará antes de la reunión del Concejo Municipal Servicios de interpretación en español: Los servicios de interpretación en español están disponibles, comuníquese con el Secretario de la Ciudad antes del inicio de la reunión para obtener ayuda.

Título II de la Ley de Discapacidades Americanas: En cumplimiento con la Ley de Discapacidades Americanas de 1990, las personas con discapacidad pueden solicitar una agenda en formatos alternativos apropiados según lo requerido por el Título II. Cualquier persona con una discapacidad que requiera un modificación o adaptación para participar en una reunión debe dirigir dicha solicitud a la Oficina del Secretario de la Ciudad (619) 336-4228 al menos 24 horas antes de la reunión.

AGENDA
Consolidated Regular Meeting

Tuesday, November 19, 2024, 6:00 p.m.

City Council Chamber - 1243 National City Boulevard
National City, CA
And
Teleconference Location
(Councilmember Molina)
Dallas Marriott Downtown Hotel
650 N. Pearl Street
Dallas, TX 75201
Room Number: To Be Determined
(Per Government Code 54953)
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 - Latina Equal Pay Day 13

6.2 Introduction of New City Employees 14

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

7.1 Community Calendar

8. 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.

9. INTERVIEWS AND APPOINTMENTS

9.1 Appointments: City Boards, Commissions and Committees – Mayoral Appointment to the Traffic Safety Committee.
15 Recommendation:

Mayoral Appointment with City Councilmembers’ Confirmation.

9.2 Approval of the City Council to Reappoint Incumbent to the Port Commissioner Position for a 4-Year Term.
31 Recommendation:

Provide Staff Direction. As a City Council Appointment this action would require the majority of the City Council to move forward with this approach.

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 Establishing American Rescue Plan Act (ARPA) Appropriations for Capital Projects
89 Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Authorizing the Establishment of American Rescue Plan Act Fund Appropriations for the Following Capital Projects: A) Kimball Park Lighting in the Amount of $228,800; B) Las Palmas Park Improvements in the Amount of $2,902,002; C) El Toyon Park Improvements in the Amount of $822,762; and D) Police Department Facility Upgrades in the Amount of $1,420,880; and 2) Authorizing the Establishment of Appropriations in the Amount of $95,435 in the Vehicle Acquisition Fund for Transfer to the American Rescue Plan Act Fund.”

10.3 Approval of City Council Meeting Minutes. 94
Recommendation:

Approve and File.

Page 2 of 1135 ends

10.4 Acceptance of an Easement for Channel Construction and Maintenance Along the North Side of Paradise Creek, Located North of Paradise Valley Road and East of Plaza Blvd
108
Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Accepting and Authorizing the Mayor to Sign a Grant of Easement from the Santos Family Trust 08-11-03 for an Area Along the North Side of Paradise Creek, Located North of Paradise Valley Road and East of Plaza Blvd, for Channel Construction and Maintenance."

10.5 Adopting an updated Quality Assurance Program (QAP) 121 Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Adopting an Updated Quality Assurance Program that Provides Sampling and Testing Procedures to Ensure that Materials Incorporated into Construction Projects are in Conformance with the Contract Specifications and Caltrans Requirements for Federal-Aid Projects; and 2) Authorizing the City Manager or their Designee to Execute the Quality Assurance Program.”

10.6 Agreement with the City of Chula Vista to Provide Animal Shelter Services and Related Administrative Services.
149
Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the City Manager to Execute an Agreement with the City of Chula Vista for Animal Shelter and Related Administrative Services for National City in a Not-to-Exceed Amount of $499,656 for Fiscal Year 2025.”

10.7 Agreement with the Solana Center for Environmental Innovation for Senate Bill (SB) 1383 Compliance Support Services.
163
Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Authorizing the Mayor to Execute an Agreement with the Solana Center for Environmental Innovation for SB 1383 Compliance Support Services for a Not-to-Exceed Amount of $165,976, and 2) Authorizing the Re-Budgeting of the Appropriation in the Amount of $165,976 in the Trash Rate Stabilization Fund.”

Page 3 of 1135 ends

10.8 Amendments and Additions to the City of National City’s Schedule of Job Classifications and the Management and Confidential Positions Salary Schedule.
180
Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Creating Three (3) New Job Classifications, Revising the Job Descriptions for Six (6) Existing Job Classifications, Approving Two (2) Reclassifications, and amending the National City Confidential and Management Positions Salary Schedules to Reflect the New Job Classifications.”

10.9 Annual Update of Investment Policy, City Council Policy No. 203 211 Recommendation:

Adopt a Resolution entitled, “Resolution of the City Council of the City of National City, California, Adopting City Council Policy No. 203, Investments.”

10.10 Approval of a Construction and Maintenance Agreement with San Diego Metropolitan Transit System to allow National City to Use a Portion of the 8th Street Transit Center Parking Lot for the Construction and Use of a Covered Storage Area with Solar Charging
250
Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City National City, California, Authorizing the Mayor to Execute a Construction and Maintenance Agreement with San Diego Metropolitan Transit System for Use of a Portion of the 8th Street Transit Center Lot for Construction and Operations Related to the Free Ride Around National City Neighborhood Electric Vehicle Shuttle Program.”

10.11 Authorizing the Purchase of an Aerial Boom Truck for the Public Works Parks Division
300
Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Waiving the Formal Bid Process Pursuant to National City Municipal Code Section 2.60.110(B) Regarding Exceptions to Formal Competitive Bidding and Authorizing the Purchase of a 2025 Freightliner Forestry Aerial Boom Truck from Commerce Truck Equipment Sales, LLC in a Not-to-Exceed Amount of $254,795.06 for the Public Works Parks Division; 2) Authorizing the Establishment of an Appropriation in the Amount of $254,796 in the Vehicle Acquisition Fund; and 3) Authorizing the City Manager to Approve Adjustments of Up to $25,479 to the Not-to-Exceed Amount for the Purchase as a 10% Contingency for Unforeseen Fluctuations in Pricing.”

Page 4 of 1135 ends

10.12 Awarding a Contract to AP General Corp for the Las Palmas Park Improvements Project, CIP No. 24-13.
305
Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Rejecting All Bids Received on September 13, 2024 for the Las Palmas Park Improvements Project, CIP No. 24-13; 2) Awarding a Contract to A.P. General Corporation in the Not-to-Exceed Amount of $3,189,002 for the Las Palmas Park Improvements Project, CIP No. 24-13; 3) Authorizing a 15% Contingency in the Amount of $478,350 for any Unforeseen Changes; 4) Authorizing the Mayor to Execute the Contract; and 5) Authorizing the Establishment of an Appropriation of $2,189,002 in the American Rescue Plan Act Fund for the Las Palmas Park Improvements Project.”

10.13 Awarding a Contract to Aster Construction Services for the FY24 and FY25 ADA Improvements Project CIP No. 24-04.
326
Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Rejecting All Bids Received on May 17, 2024 for the FY24 and FY25 ADA Improvements Project, CIP No. 24-04; 2) Awarding a Contract to Aster Construction Services in the Not-to-Exceed Amount of $990,716 for the FY24 and FY25 ADA Improvements Project, CIP No. 24-04; 3) Authorizing a 15% Contingency in the Amount of $148,607 for any Unforeseen Changes; and 4) Authorizing the Mayor to Execute the Contract.”

10.14 Awarding a Contract to Blok Modular Constructors, Inc. for the Las Palmas Pool Modular Buildings Project, CIP 24-18.
351
Recommendation:

Adopt a Resolution entitled, “Resolution of the City Council of the City of National City, California, 1) Awarding a Contract to Blok Modular Constructors, Inc. in the Not-to-Exceed Amount of $713,000 for the Las Palmas Pool Modular Buildings Project, CIP No. 24-18; 2) Authorizing a 15% Contingency in the Amount of $106,950 for any Unforeseen Changes; 3) Authorizing the Mayor to Execute the Contract; and 4) Authorizing the Establishment of an Appropriation of $713,000 in the American Rescue Plan Act Fund for the Las Palmas Pool Modular Buildings Project.”

Page 5 of 1135 ends

10.15 Awarding a Contract to Dick Miller Inc. for the El Toyon Park Proposition 68 Improvements, CIP No. 22-26.
374
Recommendation:

Adopt a Resolution entitled, “Resolution of the City Council of the City of National City, California, 1) Rejecting All Bids Received on June 13, 2024, for the El Toyon Park Proposition 68 Improvements, CIP No. 22-26; 2) Awarding a Contract to Dick Miller, Inc. in the Not-to-Exceed amount of $5,334,781 for the El Toyon Park Proposition 68 Improvements, CIP No. 22-26; 3) Authorizing a 10% Contingency in the Amount of $533,478 for any Unforeseen Changes; 4) Authorizing the Mayor to Execute the Contract; and 5) Authorizing the Establishment of an Appropriation of $822,762 in the American Rescue Plan Act Fund for the El Toyon Park Proposition 68 Improvements.”

10.16 Awarding a Contract to Endelos Construction, LLC, for the Police Department Generator and Electrical Upgrades Project, CIP No. 20-04. 408
Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California 1) Rejecting All Bids Received on May 9, 2024 for the Police Department Generator and Electrical Upgrades Project, CIP No. 20-04; 2) Awarding a Contract to Endelos Construction LLC in the Not-to-Exceed Amount of $1,420,880 for the Police Department Generator and Electrical Upgrades Project, CIP No. 20-04; 3) Authorizing a 15% Contingency in the Amount of $213,132 for any Unforeseen Changes; 4) Authorizing the Mayor to Execute the Contract; and 5) Authorizing the Establishment of an Appropriation in the Amount of $1,420,880 in the American Rescue Plan Act Fund for the Police Department Generator and Electrical Upgrades Project”

10.17 Awarding a Contract to Huntington Beach Electric, Inc. for the Kimball Park Ballfield Lighting Improvements Project, CIP No. 24-10. 423
Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Awarding a Contract to Huntington Beach Electric, Inc. in the Not-to-Exceed Amount of $228,800 for the Kimball Park Ballfield Lighting Improvements Project, CIP No. 24-10; 2) Authorizing a 15% Contingency in the Amount of $34,320 for any Unforeseen Changes; 3) Authorizing the Mayor to Execute the Contract; and 4) Authorizing the Establishment of an Appropriation of $228,800 in the American Rescue Plan Act Fund for the Kimball Park Ballfield Lighting Improvements Project.”

Page 6 of 1135 ends

10.18 Awarding a Contract to Martin Marietta San Diego Aggregates LLC dba ATP General Engineering Contractors for the FY24 and FY25 Pavement Rehabilitation Project, CIP NO. 23-15.
444
Recommendation:

Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, 1) Rejecting All Bids Received on May 21, 2024 for the FY24 and FY25 Pavement Rehabilitation Project, CIP No. 23-15; 2) Awarding a Contract to Martin Marietta San Diego Aggregates, LLC dba ATP General Engineering Contractors in the Not-to-Exceed Amount of $5,732,474 for the FY24 and FY25 Pavement Rehabilitation Project, CIP No. 23-15; 3) Authorizing a 10% Contingency in the Amount of $573,247 for any Unforeseen Changes; and 4) Authorizing the Mayor to Execute the Contract.”

10.19 Awarding a Contract to Metrocell Construction, Inc., for the 8th St. Mobility Hub for the FRANC NEV Shuttle project, CIP No. 22-25.
473
Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Awarding a Contract to Metrocell Construction, Inc. in the Not-to-Exceed Amount of $386,125 for the 8th St. Mobility Hub for the FRANC NEV Shuttle Project, CIP No. 22-25; 2) Authorizing a 15% Contingency in the Amount of $57,919 for any Unforeseen Changes; and 3) Authorizing the Mayor to Execute the Contract.”

10.20 Eighteenth Amendment to an Option to Purchase Agreement with the County of San Diego for the Purchase of an Open Space Easement. (Parking Authority)
493
Recommendation:

Approve the Resolution Entitled “Resolution of the Parking Authority of the City of National City, California, Authorizing and Ratifying the Eighteenth Amendment to the Option to Purchase Agreement with the County of San Diego for the Purchase of an Open-Space Easement on a 15.08-acre Parcel of Land at the Southwest Corner of Sweetwater Road and Bonita Center Road that Extends the Escrow for Twelve Months after the Opening of Escrow.

10.21 Eleventh Amendment to an Option to Purchase Agreement with CarMax. (Parking Authority)
502
Recommendation:

Approve the Resolution Entitled “Resolution of the Parking Authority of the City of National City, California, Authorizing and Ratifying the Eleventh Amendment to the Option to Purchase Agreement Between the Parking Authority and CarMax Auto Superstores California, LLC, a Virginia Limited Liability Company, Providing Six Months from Execution of the Eleventh Amendment to Process and Record a Final Parcel Map and Requiring Escrow to Close Two Days after Recording the Final Parcel Map.”

Page 7 of 1135 ends

10.22 FY 2023-24 Development Impact Fees Annual Report 511 Recommendation:

Accept and File the Report.

10.23 Installation of 19 Feet of Red Curb “No Parking” in Front of the Residence Located at 2130 E. 12th Street to Improve Visibility at the Intersection of E. 12th Street and Grove Street.
522
Recommendation:

Adopt a Resolution entitled, “Resolution of the City Council of the City of National City, California Authorizing the Installation of 19 Feet of Red Curb “No Parking” in Front of the Residence Located at 2130 E. 12th Street to Improve Visibility at the Intersection of E. 12th Street and Grove Street.”

10.24 Installation of Time-Restricted “No Parking Street Sweeping” Signs on the East Side of Highland Avenue Between E. 2nd Street and Melrose Street. 533
Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Installation of Time-Restricted “No Parking Street Sweeping” Signs “Friday, 4:00 AM to 6:00 AM,” with the Exception of City Holidays, on the East Side of Highland Avenue between E. 2nd Street and Melrose Street.”

10.25 Notice of Decision – Planning Commission approval of a Conditional Use Permit (CUP) for beer and wine sales at an existing restaurant (Mr. Pulpo Seafood) located at 831 East 8th Street.
544
Recommendation:

Staff recommends approval of the sale of on-site beer and wine, subject to the recommended conditions in the attached resolution and a determination that the project is exempt from CEQA. The sale of beer and wine is a conditionallyallowed use in the Major Mixed-Use Corridor zone and would be accessory to food sales at the restaurant.

10.26 Notice of Decision – Planning Commission Approval of a Conditional Use Permit (CUP) Modification for Beer and Wine Sales at a New Restaurant (Tacos El Franc) Located at 3030 Plaza Bonita Road, Suite 1108. 584
Recommendation:

Staff Recommends Approval of the Request to Modify the Existing Conditional Use Permit (CUP) for On-Site Beer and Wine Sales for a New Restaurant (Tacos El Franc) to Expand into the Adjacent Suite, Subject to the Recommended Conditions in the Attached Resolution and a Determination that the Project is Exempt from CEQA. The Sale of Beer and Wine is a Conditionally-Allowed Use in the Major Mixed-Use District Zone and Would be Accessory to Food Sales at the Restaurant.

Page 8 of 1135 ends

10.27 2025 Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant Number PT25188 in the Amount of $195,000.
626
Recommendation:

Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Acceptance of the 2025 Office of Traffic Safety Selective Traffic Enforcement Program Grant in the Amount of $195,000, and Authorizing the Establishment of an Appropriation and Corresponding Revenue Budget in the Amount of $195,000.”

10.28 Project Close-Out and Notice of Completion for the Las Palmas Swimming Pool Renovation Project, CIP No. 22-01.
664
Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Accepting the Work Performed by California Commercial Pools, Inc. for the Las Palmas Swimming Pool Renovation Project, CIP No. 22-01; 2) Approving the Final Contract Amount of $3,447,287.51; 3) Ratifying the Release of Retention in the Amount of $172,989.13; and 4) Authorizing the Mayor to Sign the Notice of Completion.”

10.29 Project Close-Out and Notice of Completion for the P-1 Sewer Upsize Project - Phase II, CIP No. 20-01.
675
Recommendation:

Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, 1) Accepting the Work Performed by Ortiz Corporation for the P-1 Sewer Upsize Project - Phase II, CIP 20-01; 2) Approving the Final Contract Amount of $1,478,225.71; 3) Ratifying the Release of Retention in the Amount of $73,911.30; and 4) Authorizing the Mayor to Sign the Notice of Completion.

10.30 Summary Vacation of an Unused and Undeveloped Section of Paradise Avenue East of Plaza Blvd.
685
Recommendation:

Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City Authorizing the Execution of an Order of Vacation of an Unused Section of Paradise Avenue East of Plaza Blvd.”

10.31 Temporary Use Permit – Chrome Ball Tour Hosted by San Diego Football Club at Kimball Park on November 23, 2024, with No Waiver of Fees. 703
Recommendation:

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.

Page 9 of 1135 ends

10.32 Temporary Use Permit – Kimball Park Spring Carnival Hosted by Paul Maurer Shows at Kimball Park from Thursday, April 3, 2025, through Sunday, April 6, 2025, with No Waiver of Fees.
726
Recommendation:

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.

10.33 Vehicle Purchase for the Fire Department 765
Recommendation:

Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Waiving the Formal Bid Process Pursuant to National City Municipal Code Section 2.60.260 Regarding Cooperative Purchasing and Authorizing the City to Piggyback onto Sourcewell Contract #091521-NAF with National Auto Fleet Group for the Purchase and Buildout of a 2024 Ford Super Duty F-250 SRW (W2B) XLT 4WD Crew Cab; 2) Waiving the Formal Bid Process Pursuant to National City Municipal Code Section

2.60.220(B) Regarding the Purchasing of Emergency Lighting and Controller for the New Vehicle; 3) Approving the Purchase of a Flatbed Trailer and Camper Shell from the Lowest Responsive, Responsible Bidders; and 4) Approving the Establishment of Appropriations and Transfers and a Corresponding Revenue Budget in the General Fund and Vehicle Replacement Fund Based on Funding from the Lower Sweetwater Fire Protection District’s Equipment Replacement Fund in a Not-to-Exceed Amount of $95,040.00.”

10.34 Investment transactions for the Month Ended July 31, 2024. 816 Recommendation:

Accept and File the Investment Transaction Ledger for the Month Ended July 31, 2024.

10.35 Investment Transactions for the Month Ended August 31, 2024. 829 Recommendation:

Accept and File the Investment Transaction Ledger for the Month Ended August 31, 2024.

10.36 Warrant Register #11 for the period of 9/06/24 through 9/12/24 in the amount of $2,289,177.07
842
Recommendation:

Ratify Warrants Totaling $2,289,177.07

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10.37 Warrant Register #12 for the period of 9/13/24 through 9/19/24 in the amount of $377,403.34
849
Recommendation:

Ratify Warrants Totaling $377,403.34

10.38 Warrant Register #13 for the period of 9/20/24 through 9/26/24 in the amount of $4,514,198.70
856
Recommendation:

Ratify Warrants Totaling $4,514,198.70

10.39 Warrant Register #14 for the period of 9/27/24 through 10/03/24 in the amount of $1,984,481.70
865
Recommendation:

Ratify Warrants Totaling $1,984,481.70

10.40 Warrant Register #15 for the period of 10/04/24 through 10/10/24 in the amount of $2,936,574.06
875
Recommendation:

Ratify Warrants Totaling $2,936,574.06

10.41 Warrant Register #16 for the Period of 10/11/24 through 10/17/24 in the Amount of $6,085,986.34
882
Recommendation:

Ratify Warrants Totaling $6,085,986.34

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

11.1 Conditional Use Permit for the Sale of Beer, Wine, and Distilled Spirits (ABC Type-21) at an Existing Grocery Store (Manolo Farmers Market) located at 303 Highland Avenue.
888
Recommendation:

Staff Recommends Adoption of the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Approving a Conditional Use Permit for the Sale of Beer, Wine, and Distilled Spirits (ABC Type-21) at an Existing Grocery Store (Manolo Farmers Market) Located at 303 Highland Avenue.”

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11.2 Amendment of Chapter 18.29 of the National City Municipal Code to Add Regulations for the Mixed-Use Overlay Zone.
919
Recommendation:

Adopt the Ordinance Entitled: “An Ordinance of the City Council of the City of National City, California, Amending Chapter 18.29 of the National City Municipal Code to Add Regulations for the Mixed-Use Overlay Zone.”

11.3 Amendment to the 2024 Regional Transportation Improvement Program (RTIP).
922
Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Approving an Amendment to the Transnet Local Street Improvement Program of Projects for National City for Fiscal Years 2022, 2023 and 2024 to Increase Local Transnet Funding for Street Resurfacing (NC03) in the Amount of $500,000 through a Transfer of Funds from Traffic Signal Install/Upgrade (NC04).”

11.4 Introduction and First Reading of the Ordinance Establishing Speed Limits Based on Engineering and Traffic Surveys
927
Recommendation:

Introduce Ordinance by First Reading, entitled, “Ordinance of the City Council of the City of National City, California, Establishing Speed Limits on Portions of Sweetwater Road Based on Engineering and Traffic Surveys and Authorizing the Director of Public Works to Post Speed Limit Signs Consistent with the Recommendations of the Engineering and Traffic Surveys.”

12. STAFF REPORTS

12.1 City of National City Annual Comprehensive Financial Report (ACFR) for the Fiscal Year Ended June 30, 2023
934
Recommendation:

Accept and file the reports.

13. CITY MANAGER’S REPORT

14. ELECTED OFFICIALS REPORT 1135

14.1 POLICY 105 REQUEST - A Motion of Censure of Councilmember Jose Rodriguez for a Pattern of Violations of the Code of Conduct to be Placed on the Regular Council Meeting of December 3, 2024. Requested by Mayor Morrison.

15. CITY ATTORNEY REPORT

16. ADJOURNMENT
Regular Meeting of the City Council of the City of National City - Tuesday, December 3, 2024 - 6:00 p.m. - Council Chambers - National City, California.

Page 12 of 1135 ends

Page 13 of 1135 ends

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AGENDA REPORT
Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC, City Clerk
Meeting Date: Tuesday, November 19, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:

Appointments: City Boards, Commissions and Committees – Mayoral Appointment to 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 notice was published in the Star News and posted on the City Hall Bulletin Boards, City Website, and City Social Media sites to advertise the opening and the application acceptance period for multiple committees.

The recent Vacancy Notice was posted on July 24, 2024, with an application deadline of August 20, 2024.

At the September 17, 2024, City Council meeting, appointments were selected for various BCCs.

However, due to a lack of applications, one vacancy still remains for the Traffic Safety Committee due to the expired term of Amelito Gozum.

One application has been received from Amelito Gozum since the September 17 meeting. The appointment would fill a three-year term to September 30, 2027.

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.

Page 15 of 1135 ends

ORDINANCE:

Not Applicable
EXHIBITS:

Exhibit A – Explanation for Mayoral Appointments
Exhibit B – Applications (redacted)
Exhibit C – City Council Policy #107
Exhibit D – Boards/Commission/Committees Reference Chart

Page 16 of 1135 ends

Explanation for Mayoral Appointments
The City Clerk’s Office began advertising and accepting applications for vacancies on the Traffic Safety Committee on July 24, 2024 with a deadline of August 20, 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 openings and the application acceptance period. The vacancy presented is due to an expired term (September 2024).

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) One Seat – Sept. 30, 2027 Mayoral Yes Amelito Gozum* 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.
********************************************************************************************************************** Traffic Safety Committee has one (1) seat available due to the expired term of Amelito Gozum.

At the September 17, 2024, City Council meeting, appointments were selected for various BCCs.

However, due to a lack of applications, one vacancy still remains for the Traffic Safety Committee. *One (1) applicant Amelito Gozum was previously a member of the Traffic Safety Committee whose term expired on September 30, 2024. The appointment would fill a three-year term to September 30, 2027.

Their meetings are held the second Wednesday of every month at 1:00 p.m. in the Large Conference Room in City Hall.

Amelito Gozum was appointed on May 7, 2024. From the time of appointment until his term expiration of September 30, 2024, the Traffic Safety Committee scheduled five meetings including one special meeting. Three meetings were cancelled due to lack of a quorum or a lack of agenda items. Attendance of meetings is shown below for reference.

Attendance 2024 (June-September)
Attended 2
Absent 0
Cancelled 3
Per City Council Policy #107 (D)(14)(3) Mandatory Training and Filing Requirements:

Member Reilly has completed all required training and filing requirements. ********************************************************************************************************************** Appointment:

Per City Council Policy #107 (D)(7):

The Mayor will make the motion to appoint (naming the appointee) and Councilmembers may second the

Page 17 of 1135 ends

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, at which point the Mayor would propose an alternative candidate from the current application pool, or could choose to reopen the application period and return to City Councils 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 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. Anti-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, and training website/software, 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 reappointed toany Board,Commission, or Committee andhasservedtwoormorefulltermsalready mustbe 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 simplemajority.

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Traffic Safety Committee
Applicant Package - Committee Member
Traffic Safety Committee - Committee Member
Term 30 Sep 2024 - 30 Sep 2027
Positions Available 1
Number of applicants in this package 1
- GOZUM, AMELITO

Page 19 of 1135 ends

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?:
9 YRS 3MONTHS
Present Employer?:

Department OF Navy - NAVFAC - Naval Facilities Engineering Command Occupation:

Civil/Cost Engieer
Business Address:

Educational Background:

Bachelor of Scince in Civil Engineering - Don Honorion Ventura Technological State University in Bacolor Philippines - 1992

Page 20 of 1135 ends

Associate in Construction and Management - South Western College - Chula Vista Ca 2020
Currently Serving on a BCC?:

Yes
Previously Served on a BCC?:

Yes
If so, which ones? If it does not apply, type N/A:

Traffic Safety Committee
Professional or Technical Organization Memberships?:

AACEi and Aspe
Civic or Community Experience, Membership, or Previous Public Service Appointments?:

Council of Filipino Association - Serve as Voluntary Tax Preparer since 2016 Experience or Special Knowledge Pertaining to Area of Interest?:

Civil Engineering
Have you ever been convicted of a felony crime?:

No
Have you ever been convicted of a misdemeanour crime?:

No
Time of Submission: 10/16/24 11:10:41 AM

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CITY COUNCIL POLICY

CITY OF NATIONAL CITY
ADOPTED: June 17, 1986 AMENDED: November 16, 2021
TITLE: Appointments to Boards, Commission and Committees POLICY # 107

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:

Mayor’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
City Council Appointments:

1. Civil Service Commission

2. Planning Commission

3. Housing Advisory Committee including Ex-Officio Members

4. Port Commission
POLICY
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. Unexpired 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 reappoint the incumbent without considering other applicants.

C. Vacancies. 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.

Unscheduled vacancy. An unscheduled vacancy shall be filled according to Attachment C

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CITY COUNCIL POLICY

CITY OF NATIONAL CITY
ADOPTED: June 17, 1986 AMENDED: November 16, 2021
TITLE: Appointments to Boards, Commission and Committees POLICY # 107 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.

The 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

4. Planning Commission
The City Council fills vacancies on these bodies.

D. Implementation. Implementation of Council policy for appointment to Boards, Commissions, and Committees requires thefollowing:

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 Committees appointed by the City Council. The City 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

Page 23 of 1135 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY
ADOPTED: June 17, 1986 AMENDED: November 16, 2021
TITLE: Appointments to Boards, Commission and Committees POLICY # 107 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 Bulletin Boards, 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 per policy.

6. Interviews:
a. Mayor Appointments: Interviews for Mayoral appointments will be conducted 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 Port Commission who serve at the City Council’s pleasure and are appointed 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:

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

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CITY COUNCIL POLICY

CITY OF NATIONAL CITY
ADOPTED: June 17, 1986 AMENDED: November 16, 2021
TITLE: Appointments to Boards, Commission and Committees POLICY # 107 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.

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CITY COUNCIL POLICY

CITY OF NATIONAL CITY
ADOPTED: June 17, 1986 AMENDED: November 16, 2021
TITLE: Appointments to Boards, Commission and Committees POLICY # 107 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. The 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 verbal 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 fourfifths requirement shall be changed to require only a simplemajority.

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 disclosing 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.

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CITY COUNCIL POLICY

CITY OF NATIONAL CITY
ADOPTED: June 17, 1986 AMENDED: November 16, 2021
TITLE: Appointments to Boards, Commission and Committees POLICY # 107 b. The Appointing Authority may appoint the former resident to a NonResidential position if a Non-Residential position is vacant.

However, the Appointing Authority may, if it finds that an emergency exists, 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, Committee, 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.

Page 27 of 1135 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY
ADOPTED: June 17, 1986 AMENDED: November 16, 2021
TITLE: Appointments to Boards, Commission and Committees POLICY # 107

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 necessary and preapproved 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 Member 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

Page 28 of 1135 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY
ADOPTED: June 17, 1986 AMENDED: November 16, 2021
TITLE: Appointments to Boards, Commission and Committees POLICY # 107 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, these 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 Section 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 87100 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)

Page 29 of 1135 ends

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

Page 30 of 1135 ends

AGENDA REPORT
Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC, City Clerk
Meeting Date: Tuesday, November 19, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:

Approval of the City Council to Reappoint Incumbent to the Port Commissioner Position for a 4- Year Term.

RECOMMENDATION:

Provide Staff Direction. As a City Council Appointment this action would require the majority of the City Council to move forward with this approach.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

On June 13, 2024, the City Council appointed GilAnthony Ungab as Port Commissioner to fulfill the remaining 6 months of a term. The vacancy was caused by action of the City Council at the meeting of Tuesday, May 7, 2024, to remove Sandy Naranjo as Port Commissioner.

The end of term for this position is December 2024. As we are near the end of the calendar year with two-regular City Council Meetings scheduled, it is pertinent that the City Council provide staff direction on how they would proceed with this appointment for the next 4-year term ending December 2028.

City Council Policy #107, Section Policy – Appointment Process (B) (Exhibit A) does provide an option for the City Council:

B. Unexpired 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.

Should the City Council decide that they would like to exercise this option, direction to staff would be to advertise the vacancy to fulfill the legal requirement of noticing vacancies. This noticing is in addition to the fulfillment of the posted Maddy Act, Local Appointments List which was posted December 6, 2023 for all known vacancies for the following calendar year due to the end of terms required by G.C. 54970. Additionally noticing was provided with the report to City Council June 13, 2024, providing end of term is December 2024.

Page 31 of 1135 ends

This City Council Appointment to the Port Commission is per the San Diego Unified Port District Act Section 16 (Exhibit B) regarding the appointment of the Port Commissioners. The Port Clerk administers the Oath of Office of new Commissioners, usually scheduled for the first meeting of the Board of Port Commissioners in January of the new year.

Staff could return to City Council Tuesday, December 3rd with a report to appoint the incumbent appointee GilAnthony Unngab if directed by 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
EXHIBITS:

Exhibit A – City Council Policy #107
Exhibit B – San Diego Unified Port District Act Section 16

Page 32 of 1135 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY
ADOPTED: June 17, 1986 AMENDED: November 16, 2021
TITLE: Appointments to Boards, Commission and Committees POLICY # 107

Mayor’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
City Council Appointments:

1. Civil Service Commission

2. Planning Commission

3. Housing Advisory Committee including Ex-Officio Members

C. Vacancies. When vacancies occur, the following procedure shall be followed:

Unscheduled vacancy. An unscheduled vacancy shall be filled according to

Page 33 of 1135 ends

CITY COUNCIL POLICY

The end of term for the members of Boards, Commissions, and Committees generally occurs in an annual rotation during the months of March and September.

1. Civil Service Commission

2. Planning Commission

3. Housing Advisory Committee including Ex-Officio Members

4. Planning Commission
The City Council fills vacancies on these bodies.

D. Implementation. Implementation of Council policy for appointment to Boards, Commissions, and Committees requires thefollowing:

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CITY COUNCIL POLICY

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 Bulletin Boards, 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.

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 per policy.

7. Mayoral Appointments:

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

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CITY COUNCIL POLICY

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CITY COUNCIL POLICY

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.

11. Report to Council:

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CITY COUNCIL POLICY

14. Resignations, Attendance, Training, and Removals
Resignation:

Attendance:

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, Committee, 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.

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CITY COUNCIL POLICY

CITY OF NATIONAL CITY
ADOPTED: June 17, 1986 AMENDED: November 16, 2021
TITLE: Appointments to Boards, Commission and Committees POLICY # 107

Excused Absences:

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

Removal:

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

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CITY COUNCIL POLICY

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.

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 Section 40605
Government Code Section 54970, et seq.

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(48)
San Diego Unified Port District
Document No. 70987
Filed MAR O 3 2020
Office of the District Clerk

SAN DIEGO UNIFIED PORT

DISTRICT ACT
California Harbors and Navigation Code. Appendix 1
(Cal. Harb. & Nav .. Appx. 1)
An act to provide for the establishment of the San Diego Unified Port District; to provide .for the calling of municipal elections therefor: describing the powers, duties, and functions thereof, authorizing the district to borrow money and issue bonds for district purposes; to provide means of raising revenues for the operation. maintenance and bond redemption of the district; and to provide for the transfer to such district of tidelands and lands lying W1der inland navigable waters.

Section headings in this document are for reference only and are not official section headings of the legislation. (Stats. 1962, I st Ex. Sess., c. 67, as amended by Stats. 1963. c. 673, Stats. 1965, c. 349, Stats. 1965, c. 577, Stats. 1965, c. 1953, Stats. 1965, c. 2043, Stats. 1974, c. 208, Stats. l 975. c. 587, Stats. 1977, c. 1227.

Stats. 1982, c. 171, Stats. 1990, c. 168, Stats. 1991, c. 978, Stats. 1996, c. 399, Stats. 1996, c. 480, Stats. 1997, c. 118, Stats. 1998. c. 889, Stats. 2000, c. 302, Stats. 2001 , c. 946, Stats. 2005, c. 382, Stats. 2006. c. 538, Stats. 20 I 4, c. 93 I, Stats 2018, c.192, Stats. 2019, c. 372.)

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Table of Contents
Section Page
§ 1. SHORT TITLE . ......................................................................................................................................... 6 § 2. STATE POLICY ........................................................................................................................................ 6 § 3. DEFINITIONS ........................................................................................................................................... 6 § 4. ESTABLISHMENT OF PORT DISTRICT; PURPOSES; USE OF POWERS ......................................... 6 § 5. TERRITORY; JURISDICTION . ................................................................................................................ 7 § 5.5 TRANSFER OF INTEREST IN REAL PROPERTY; SAN DIEGO UNIFIED PORT DISTRICT ............ 7 § 5.7 TRANSFER OF INTEREST IN REAL PROPERTY; SAN DIEGO UNIFIED PORT DISTRICT; TIDELANDS AND SUBMERGED LANDS WITHIN SAN DIEGO BAY ........................................................... 9 § 5.8 TRANSFER OF REAL PROPERTY IN THE CITY OF CHULA VISTA TO THE SAN DIEGO UNIFIED PORT DISTRICT ............................................................................................................................................. 10 § 6. ELECTION ON FORMATION OF DISTRICT ........................................................................................ 12 § 7. PETITION OR RESOLUTION OF CONSENT; CONTENTS . ................................................................ 13 § 8. QUALIFICATIONS OF SIGNERS .......................................................................................................... 13 § 9. PUBLICATION OF PETITION; HEARING; LAW GOVERNING ........................................................... 13 § 10. ELECTION PROCEEDINGS; LAW GOVERNING; DEFINITION OF TERMS; CONSOLIDATION OF ELECTIONS . ................................................................................................................................................... 13 § 11. VOTE COUNT; CONDUCT .................................................................................................................. 14 § 12. APPROVAL BY ELECTORS . .............................................................................................................. 14 § 13. CANVASS OF VOTES; ENTRIES ON MINUTES ............................................................................... 14 § 14. CONVEYANCE OF TIDELANDS, SUBMERGED LANDS AND FACILITIES THEREON IN TRUST TO DISTRICT; EXCEPTIONS ......................................................................................................................... 14 § 15. INCLUSION OF UNINCORPORATED TERRITORY .......................................................................... 14 § 16. GOVERNMENT OF DISTRICT; APPOINTMENT OF PORT COMMISSIONERS; QUALIFICATIONS; EXERCISE OF POWERS AND DUTIES ........................................................................................................ 14 § 17. TERM OF COMMISSIONERS; VACANCIES; OATH; CERTIFICATE; REMOVAL. .......................... 15 § 18. COMMISSIONERS; ORGANIZATION; QUORUM; MEETINGS; RULES AND REGULATIONS, COMPENSATION ........................................................................................................................................... 15 § 19. MASTER PLAN FOR HARBOR AND PORT IMPROVEMENT; MODIFICATION OF PLAN; CONFLICTING LOCAL ORDINANCES ......................................................................................................... 15 70987 2 Page 42 of 1135
§ 20. FISCAL YEAR; ESTABLISHMENT; ANNUAL FINANCE REPORT BUDGET .................................. 16 § 21. ORDINANCES AND RESOLUTIONS .................................................................................................. 16 § 22. EMPLOYMENT OF OFFICERS AND EMPLOYEES ........................................................................... 17 § 23. ACTIONS BY AND AGAINST DISTRICT ............................................................................................ 18 § 24. SEAL .................................................................................................................................................... 18 § 25. ACQUISITION AND DISPOSAL OF PROPERTY ............................................................................... 18 § 26. REPEALED 1996 - By Stats. 1996, c. 399 ............................................................................................. 18 § 27. EMINENT DOMAIN .............................................................................................................................. 18 § 28. PUBLIC CORPORATION .................................................................................................................... 18 § 29. BONDS AND OTHER INDEBTEDNESS; REFUNDING; RETIREMENT . .......................................... 18 § 30. POWERS AND SERVICES .................................................................................................................. 19 § 30.5 EXERCISE OF POWERS OFF TIDELANDS . ................................................................................... 20 § 31 . CONTRACTS WITH CITY FOR SERVICES ........................................................................................ 21 § 32. ELECTIONS; APPLICABILITY OF ELECTIONS CODE .................................................................... 21 § 33. ELECTIONS; INITIATIVE REFERENDUM AND RECA LL. ................................................................ 21 § 34. INVESTMENT OF EXCESS FUNDS ................................................................................................... 21 § 35. NECESSARY A ND CONVENIENT ACTS ........................................................................................... 21 § 36. FIXING OF RATES AND CHARGES ................................................................................................... 21 § 37. PUBLIC PROJECTS; APPLICABLE LAW ......................................................................................... 21 § 37.2 DESIGN-BUILD CONTRACTS FOR PROJECTS EXCEEDING ONE MILLION DOLLARS ........... 22 § 37 .5 NEGOTIATIONS WITH FEDERAL GOVERNMENT; CONTRIBUTIONS FOR WORK DONE BY UNITED STATES . ........................................................................................................................................... 22 § 38. CREATION AND ACCUMULATION OF CAPITAL OUTLAY FUND .................................................. 22 § 40. USE OF FUND; PURPOSES; AUTHORIZATION ............................................................................... 23 § 41. BORROWING MONEY; NOTES AND CONDITIONAL SALES CONTRACTS; RESTRICTIONS AND CONDITIONS; TAXES .................................................................................................................................... 23 § 42. GENERAL OBLIGATION BONDS ...................................................................................................... 24 § 43. BONDS; PROVISION FOR PAYMENT . .............................................................................................. 27 § 44. BONDS; CERTIFICATE OF REQUIRED TAX REVENUES ............................................................... 27 2 70987 3

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§ 45. LEVY AND COLLECTION OF TAXES; USE OF PROCEEDS ........................................................... 27 § 47. NOTICE OF ADOPTION OF PRELIMINARY BUDGET; HEARING ON FINAL BUDGET ................ 28 § 48. APPEARANCE OF TAXPAYERS; CONTINUATION OF HEARING .................................................. 28 § 49. REPORT OF FINAL BUDGET TO BOARD OF SUPERVISORS ....................................................... 28 § 49.5 LEVY OF TAX BY BOARD OF SUPERVISORS; PAYMENT OF FUNDS TO DISTRICT TREASURER; LIMITATIONS ON LEVY FOR CAPITAL OUTLAY ............................................................... 28 § 50. BONDS AS LEGAL INVESTMENTS ................................................................................................... 29 § 51 . REVENUE BONDS . ............................................................................................................................. 29 § 52. AUDIT OF ACCOUNTS . ...................................................................................................................... 31 § 53. ANNEXATION OF TERRITORY .......................................................................................................... 31 § 54. REPEALED 1965 - Added by Stats. 1963, c. 673, Repealed by Stats. 1965, c. 2043 ............................... 31 § 55. RULES AND REGULATIONS OF BOARD; REGULATION OF VESSELS; HARBOR POLICE AND FIRE PROTECTION ..................•..................................................•.................................................................. 31 § 56. ENACTMENT ANO ENFORCEMENT OF POLICE AND SANITARY REGULATIONS ..................... 32 § 57. ACQUISITION AND OPERATION OF FACILITIES FOR PROMOTION OF COMMERCE, NAVIGATION, FISHERIES AND RECREATION . .......................................................................................... 32 § 57.5 TRANSPORTATION VENDOR CONDUCTING BUSINESS ON DISTRICT TIDELANDS; PARKING STRUCTURE FINANCING FEE; CONDITIONS ............................................................................................ 32 § 58. SUSPENSION OF RULES AND REGULATIONS IN EMERGENCIES; EMERGENCY REGULATIONS .............................................................................................................................................. 33 § 59. VIOLATIONS; MISDEMEANORS; CONDUCT OF PROSECUTION; JURISDICTION ...................... 33 § 60. APPLICABILITY OF MUNICIPAL POLICE, FIRE AND SANITARY REGULATIONS ....................... 34 § 61. ASSESSMENTS, REASSESSMENTS, SPECIAL TAXES, AND BONDS; AUTHORIZED PROJECTS; APPLICATION OF OTHER STATUTORY PROVISIONS; ASSESSMENT DIAGRAMS; ASSESSMENT ROLL; COLLECTION; APPORTIONMENT . ........................................................................ 34 § 62. CONTRIBUTIONS TO WORKS BY OTHER AGENCIES TO IMPROVE NAVIGATION AND COMMERCE ................................................................................................................................................... 36 § 63. REPEALED 1963 - Repealed by Stats. 1963, c. 673 .............................................................................. 36 § 64. REPEALED 1963 - Repealed by Stats. 1963, c. 673 .............................................................................. 36 § 65. REPEALED 1963 - Repealed by Stats. 1963, c. 673 .............................................................................. 36 § 66. CONTRACT WITH NOTE AND BOND HOLDERS; ENFORCEMENT ............................................... 36 3 70987 4

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§ 67. ASSUMPTION OF MUNICIPAL DEBT FOR DISTRICT PURPOSES; VALIDATION ........................ 37 § 68. CONSENT OF STATE TO CONVEYANCES IN TRUST TO DISTRICT: SURRENDER OF POWER TO MANAGE HARBOR .................................................................................................................................. 37 § 69. REVERSION OF LANDS AND POWER TO MANAGE HARBOR ON DISSOLUTION OF DISTRICT. 37 § 70. DISTRICT AS SUCCESSOR OF CERTAIN POWERS OF COUNTY AND CITIES; TRANSFER OF TITLE AND POSSESSION OF PROPERTY .................................................................................................. 38 § 71. CESSATION OF CERTAIN LOCAL OFFICES UPON ESTABLISHMENT OF DISTRICT; EXCEPTIONS; RETIREMENT AND DISABILITY BENEFITS ....................................................................... 38 § 71.5 DISCHARGE OF TRANSFERRED EMPLOYEES; INDEPENDENT CONTRACTORS ................... 39 § 72. DISTRICT OFFICERS .......................................................................................................................... 39 § 72.5 UNCLASSIFIED AND CLASSIFIED SERVICES .............................................................................. 39 § 73. SALARIES; BONDS ............................................................................................................................ 40 § 74. EXECUTION OF BONDS, NOTES AND CONTRACTS ...................................................................... 41 § 75. ADOPTION OF CIVIL SERVICE REGULATIONS; PROVISIONS ..................................................... 41 § 76. USE OF SERVICES OF CIVIL SERVICE COMMISSION OFFICE OF SAN DIEGO COUNTY ......... 42 § 77. TIME FOR PAYING WAGES OR SALARIES ..................................................................................... 42 § 78. DELIVERY OF PROPERTY OF COUNTY AND CITIES TO DISTRICT OFFICERS .......................... 42 § 79. PROVISIONS OF ACT TO CONTROL OVER INCONSISTENT PROVISIONS OF FREEHOLDERS' CHARTER ....................................................................................................................................................... 42 § 80. DEPOSIT OF MONEYS RECEIVED FROM HARBOR FACILITIES OR UTILITIES IN DISTRICT REVENUE FUND; APPROPRIATIONS ......................................................................................................... 43 § 81. USE OF FUND FOR EXPENSES OF CONDUCTING DISTRICT ....................................................... 43 § 82. USE OF FUND FOR ADVERTISING COMMERCIAL ADVANTAGES AND FACILITIES ................. 43 § 83. USE OF FUND FOR ACQUISITION AND MAINTENANCE OF IMPROVEMENTS, WORKS AND FACILITIES, ETC ............................................................................................................................................ 43 § 84. USE OF FUND FOR BOND AND INTEREST PAYMENTS AND FOR ESTABLISHMENT OF FUNDS TO SECURE SUCH PAYMENTS . .................................................................................................................. 43 § 85. USE OF FUND FOR PAYMENT OF PRINCIPAL AND INTEREST OF OUTSTANDING MUNICIPAL BONDS FOR HARBOR IMPROVEMENTS .................................................................................................... 44 § 86. TRANSFER OF AMOUNTS BETWEEN BUDGET ITEMS AND BETWEEN BOND FUNDS ........... 44 4 70987 5

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§ 87. PURPOSES FOR USE OF TIDE AND SUBMERGED LANDS HELD IN TRUST BY DISTRICT . .... 44 § 88. PARTIAL INVALIDITY . ........................................................................................................................ 47 5 70987 6

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§ 1.
§ 2.
§ 3.
§ 4.

SHORT TITLE.

This act shall be known and may be cited as the San Diego Unified Port District Act.

STATE POLICY.

It is hereby declared to be the policy of the State of California to develop the harbors and ports of this State for multiple purpose use for the benefit of the people. A necessity exists within San Diego County for such development. Because of the several separate cities and unincorporated populated areas in the area hereinafter described, only a specially created district can operate effectively in developing the harbors and po11 facilities. Because of the unique problems presented by this area, and the facts and circumstances relative to the development of harbor and po11 facilities, the adoption of a special act and the creation of a special district is required.

DEFINITIONS.

For the purposes of this act the following words shall have the following meanings:
(a) "District'' or "po11 district" shall mean the San Diego Unified Port District. (b) "Board" or ·'board of commissioners" shall mean the Board of Commissioners of the San Diego Unified Po11 District.
(c) "County" shall mean the County of San Diego.

ESTABLISHMENT OF PORT DISTRICT; PURPOSES; USE OF POWERS. (a) A port district for the acquisition, construction, maintenance, operation, development and regulation of harbor works and improvements, including rail and water, for the development, operation, maintenance, control, regulation, and management of the harbor of San Diego upon the tidelands an.d lands lying under the inland navigable waters of San Diego Bay, and for the promotion of commerce, navigation, fisheries, and recreation thereon, may be established or organized and governed as provided in this act and it may exercise the powers expressly granted hereirt.
(b) Subject to Section 87 and any other provision of applicable law, the district may use the powers and authority granted pursuant to this section to protect, preserve, and enl1ance all of the following:
( 1) The physical access to the bay.
(2) The natural resources of the bay, including plant and animal life. (3) The quality of water in the bay.
(c) Notwithstanding any other provision of law, the powers and authority specified in this section are to be used only as necessary or incident to the development and operation of a port and shall not apply to public utilities operated under the jurisdiction of the Public Utilities Commission of the State of California.
6 70987 7

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§ 5.
(d) This section shall become operative on December 2, 2002. (Amended Stats. 1996, c.399;Sta~.2001 , c.946)
TERRITORY; JURISDICTION.
(a) The area within the district shall include all of the corporate area of each of the cities of San Diego, Chula Vista, Coronado, National City, and Imperial Beach which establish the district as provided in this act, and any unincorporated territory in the County of San Diego contiguous thereto, which is economically linked to the development and operation of San Diego Bay, included in the district by the board of supervisors of the county as provided in this act. The regulatory, taxing, and police power jurisdiction of the district, as otherwise provided for in this act, shall apply to the above-described area. (b) In addition to the powers and authority described in subdivision (a), the district shall exercise its land management authority and powers over the following areas:
(1) The tidelands and submerged lands granted to the district pursuant to this act or any other act of the Legislature.
(2) Any other lands conveyed to the district by any city or the County of San Diego or acquired by the district in furtherance of the district's powers and purposes as provided in Section 87.
(c) This section shall become operative on December 2, 2002. (Amended by Stats. 1990 c. 168; Stats. 1996 c. 399; Stats. 2001, c. 946) § 5.5 TRANSFER OF INTEREST IN REAL PROPERTY; SAN DIEGO UNIFIED PORT DISTRICT.
(a) There is hereby granted and conveyed in trust to the San Diego Unified Port District in the County of San Diego all the right, title, and interest of the State of California, except as hereafter reserved and upon conditions specified in subdivision (c), acquired and held by the state pursuant to an agreement and deeds identified as Documents Number 1999 0845732, 1999 0845736, and 1999 0845737, recorded December 30, 1999, Official Records, San Diego County, and which are further described as follows:
()) Parcel No. 1, which consists of that portion of the southwest quarter of the southwest quarter of quarter Section 163 and that portion of the northwest quarter of the no1thwest quarter of quarter Section 164 of Rancho De La Nacion in the City of Chula Vista, County of San Diego, State of California, according to map thereof no. 166 filed in the Office of the County Recorder of San Diego County May 11, 1869, and all of lots 7, 8, 9, I 0. and 11 and those portions of lots 1, 2, 3, 4, 5, 6, 12, 13, 14, and 15 in block "B" of resubdivision of Bay Villa Tract, according to map thereof no. 1198, filed in the Office of the County Recorder of San Diego County August 6, 1909. Together with those portions of Walnut Street adjoining said block "B" on the west and the alley lying within said block "B" and that portion of "I" Street lying within said 7 70987 8

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quarter Sections 163 and 164 as vacated and closed to public use by resolution of the City Council of the City of Chula Vista recorded August 12, 1971, as file no. 179188 of official records described as a whole as follows:

Beginning at a point on the southerly line of said quarter Section 163, distance thereon 20.00 feet easterly from the southwest corner thereof; thence north 17°46' 58" west on a line 20.00 feet easterly from and parallel with the westerly line of said quarter Section 163, a distance of 1282.11 feet to a point on the southerly line of "H" Street as shown on said map no. 1198; thence along said southerly line north 72°12' 15" east 19.89 feet to a point on the westerly line of that land conveyed to the State of California (Caltrans) by deed recorded August I, 1968, as file no. 130106 of official records; thence along the westerly boundary of said Caltrans land the following seven courses: (1) south 17°48'37" east 5.95 feet; (2) north 74°58' 17" east 188.10 feet to the beginning of a tangent 45.00 foot radius curve concave southwesterly; (3) southeasterly along the arc of said curve through a central angle of 73°18'01 " a distance of 57.57 feet; (4) tangent to said curve south 31 °43'55" east 181.34 feet; (5) south 26°51 '03" east 342.59 feet to the beginning of a tangent 1669.99 foot radius curve concave westerly; (6) southerly along the arc of said curve through a central angle of 14°20'28" a distance of 418.00 feet; and (7) south 12°30'35" east 303.54 feet to the centerline of "I" Street as closed and vacated; thence along said centerline south 72°15 ' 16" west 332.90 feet to the point of beginning.
(2) Parcel No. 2, which consists of those portions of fractional quarter Section 170 and 171 of the Rancho De La Nacion in the City of Chula Vista, in the County of San Diego, State of California, according to map thereof by Morrill, filed as map no. 166 in the Office of the County Recorded of San Diego County, bounded and described as follows:

Commencing at the Northeast corner of said fractional quarter Section 171; thence south 17 °54 '28" east along the easterly line of said fractional quarter section, 1270.95 feet to a point on a line nine feet parallel to and northerly of the westerly prolongation of the northerly line of "H" Street as said street is shown on the map of Bay Villa Tract, according to map thereof no. 1198, on file in the Office of the County Recorder of San Diego County; thence south 72°12'00" west along said parallel line. a distance of 170.00 feet to the true point of beginning of this description; thence parallel with and distant 170.00 feet westerly from the easterly line of said fractional quarter sections, the following three courses and distances:
(1) south 17°54'28" east 49.14 feet; (2) south 17°47'12" east 1321.96 feet; and (3) south 17 °50'01" east 1283. IO feet to a point in the westerly prolongation of the northerly line of "J" Street, as shown on record of survey no. 917 on file in the Office of the County Recorder of San Diego County; thence along said westerly prolongation south 72°04 '39" west 593.24 feet to a point on the ordinary high water mark of San Diego Bay, as said ordina1y high water mark was fixed and established by that agreement recorded June 22, 1953, in book 4897, page 408, of official records, San Diego County and as shown on miscellaneous map no. 217 on file in the Office of the County Recorder of San Diego County; thence along said ordinary 8 70987 9

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high water mark the following eight courses and distances: (1) north 07°04' 12" west 491.51 feet to station 117; (2) north 04°01 '57" west 568.80 feet to station 116; (3) north 14°12'27" west 489.77 feet to station I 15; (4) north 22°26'52" west I 84.97 feet to station 114; (5) north 57°45'31" west 230.80 feet to station 113; (6) north 20°56'53" west 453.58 feet to station 112; (7) north 24°18'00" west 233.28 feet to station 111; and (8) north 30°20' 1 0" west 87.43 feet to a point on a line nine feet parallel to and northerly of the westerly prolongation of the northerly line of "H" Street as described; thence a long said parallel line no11h 72°12'00" east 568.65 feet to the true point of beginning.
(b) The lease of the lands described in subdivision (a), designated No. PRC 8121 , from the State Lands Commission to the district shall terminate on January 1, 2001.
(c) The district shall own, operate and manage the public trust lands described in subdivision (a) in accordance with the same tenns, trusts, and conditions as the tide and submerged lands granted to it and held pursuant to Chapter 67 of the Statutes of 1962 of the First Extraordinary Session, as amended. (Added by Stats. 2000, c. 302)
§ 5.7 TRANSFER OF INTEREST IN REAL PROPERTY; SAN DIEGO UNIFIED PORT DISTRICT; TIDELANDS AND SUBMERGED LANDS WITHIN SAN DIEGO BAY.
(a) There is hereby granted in trust to the district all the right. title, and interest of the State of California, held by the state by virtue of its sovereignty, in and to all those remaining tidelands and submerged lands not previously granted, whether filled or unfilled, within the San Diego Bay lying northerly of the following described line:

Beginning at NGS monument Road 2 (PID DC1690), thence S 68°07'54" W 8,621.00 feet to NGS monument North Island NAS Shoran Tower (PID DCl 727). The basis of bearings of this description is the California Coordinate System of 1983, Zone 6. All distances are grid distances. (b) The district shall own, operate, and manage the public trust lands granted pursuant to subdivision (a) in accordance with the same terms, trusts, and conditions as the tide and submerged lands otherwise granted under this act. (c) (1) (A) (i) By June 30, 2020, the district shall transfer to the State Lands Commission the initial sum of four hundred twelve thousand nine hundred three dollars ($412,903) from the revenues generated on the lands granted pursuant to subdivision (a). This initial amount is based on the estimated gross annual revenues generated, as of hme 30, 2020. from the lands granted pursuant to subdivision (a).
(ii) By June 30, 2021 , and at the end of each fiscal year thereafter, the initial sum required to be transferred pursuant to clause (i) shall be adjusted according to the change in the Consumer Price Index, and 9 70987 10

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§ 5.8
that adjusted amount shall be transferred to the State Lands Commission.
(B) If the gross annual revenues generated by the lands granted pursuant to subdivision (a) exceed the amount required to be transferred to the commission pursuant to subparagraph (A), the district shall, in addition, transfer to the State Lands Commission 20 percent of the total amount of the excess annual gross revenues.
(C) Notwithstanding subparagraph (B), the State Lands Commission may, at its discretion and at a properly noticed public meeting, enter into different revenue sharing agreements, upon proposal by the district, if it finds that the agreement will provide a significant benefit to the public trust and is in the best interests of the state. If the State Lands Commissions approves a revenue sharing agreement different from subparagraph (B), the State Lands Commission shall provide notification, in writing or email, to the Assembly Committee on Natural Resources and the Senate Committee on Natural Resources and Water.
(2) Upon receipt of the moneys pursuant to paragraph (1 ), the State Lands Commission shall allocate 80 percent to the Treasurer for deposit in the General Fund and 20 percent to the Treasurer for deposit in the Land Bank Fund for expenditure pursuant to Division 7 ( commencing with Section 8600) of the Public Resources Code for management of the commission's granted lands program.
(d) On or before January 1, 2024, the district shall submit to the State Lands Commission a trust lands use plan for trust lands granted pursuant to this section, describing any proposed development, preservation, or other use of the trust lands. The district shall then submit to the State Lands Commission for its approval any proposed changes to, or amendment to, the trust lands use plan. The State Lands Commission, in its sole discretion. may consider whether the submission of the Port Master Plan, pursuant to Section I 9, meets the requirements of, and therefore may be considered, a tr~st lands use plan for trust lands granted pursuant to this section.
(e) The requirements of Section 6359 of the Public Resources Code do not apply to the trust lands granted pursuant to this section. (Added by Stats. 2019, c. 372 (S.B. 507), § 2, eff. Jan. 1, 2020.)

TRANSFER OF REAL PROPERTY IN THE CITY OF CHULA VISTA TO THE SAN DIEGO UNIFIED PORT DISTRICT.
(a) (1) Notwithstanding any other law, there is hereby granted and conveyed in trust to the San Diego Unified Po11 District in the County of San Diego all the right, title, and interest of the state, acting by and through the State Lands Commission, in real property acquired and held by the state subject to the common law public trust doctrine and pursuant to a Grant Deed identified as Document No. 2016-0073422, recorded on February 19, 2016, in the Official 10 70987 11

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Records of San Diego County, and pursuant to the agreement that was approved as Calendar Item 48 of the December 10, 2010, State Lands Commission meeting, which is further described as follows:

Real property in the City of Chula Vista, County of San Diego, State of California, described as follows:

That portion of quarter sections 172 and 173 of Rancho De La Nacion, in the City of Chula Vista, County of San Diego, State of California, according to map thereof No. 166, filed in the Office of the County Recorder of said San Diego County, being more particularly described as follows:

Beginning at the intersection ·of the northerly line of F Street with a line lying 170.00 feet westerly of and parallel with the easterly line of said quarter Section 172 as shown on Record of Survey 9039 on file in the Office of the Recorder of said County; thence along the northerly line of F Street south 72°03'09" west (south 72°03'22" west per Record of Survey 9039) 1576.25 feet; thence leaving said northerly line along the bow1dary of that certain parcel of land granted to the Chula Vista Yacht Club by deed recorded March 20, 1914 in Book 648, Page 5 of deeds, north 17°56'5 l " west (north 19°30'00" west record) 125.00 feet; thence south 72°03'09" west 360.27 feet (south 70°30'00" west 357.32 feet record) to a point on the ordinary high water mark as shown on said record of Survey 9039; thence along said ordinary high water mark north 25°58'19" west (north 25°58'27" west record) 21 .21 feet; thence north 34°45'18" west 351.42 feet (north 34°45'26" west 351.42 feet record); thence north 31 °15' 18" west 369 .02 feet (north 31 °15'26" west 369.00 feet record); thence north 39°43'12" west (north 39°39'35" west record) 65.98 feet; thence leaving said ordinary high water mark along the line shown as proposed buffer line on Record of Survey 10601 on file in the Office of the Recorder of said County north 54°19'29" east 242.85 feet (north 54°21 '35" east 242.81 feet record); thence north 25°59'02'' east 168.30 feet (north 25°56'57" east 168.40 feet record); thence north 10°11'18" east 105.09 feet (north 10°12'03" east 105.09 feet) to a point on the arc of a nontangent 200.00 foot radius curve concave southeasterly, a radial line to said point bears north 34°13'58" west (north 34°13'23" west record); thenc~ northeasterly along said curve through a central angle of 28°27'27" an arc distance of 99.33 feet to a point of reverse curvature with a 100.00 foot radius curve concave northwesterly; thence northeasterly along said curve through a central angle of 82°22'52" an arc distance of 143.78 feet; thence along a nontangent line north 01 °34'50" east

78.45 feet (north 0 1 °35'25" east 78.45 feet record); thence north 14°4 l '41 " east 153.05 feet (north 14°42'16" east 153.05 feet record); thence north 09°57'42" west 362.16 feet (north 09°57'07" west 362.16 feet record); thence north 09°51 '2:7" west 201.35 feet (north 09°53'08" west 201.40 feet record); thence north 32°52'31 " east 220.47 feet (n011h 32°51'10" east 220.47 feet record); thence n011h 16°04'50" east 244.79 feet (north 16°03'29" east 244.79 feet record) to a point on the arc of a nontangent 200.00 foot radius curve concave easterly, a radial line to said point bears south 75°49'10" west (south 11 70987 12

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§ 6.
75°47'49" west record); thence northerly along said curve through a central angle of 32°42'1 l " an arc distance of 114.15 feet; thence along a nontangent line north 06°46'56" west 202.96 feet (north 06°48'17" west 202.96 feet record); thence north 19°06'19" east 80.68 feet (north 19°04'58" east 80.68 feet record); thence north 31°10'16" west 90.80 feet (north 31°00'20" west

90.57 feet record); thence north 86°38'04" east 160.03 feet (north 86°36'43" east 160.00 feet record) to a point on the arc of a nontangent 600.00 foot radius curve concave northerly, a radial line to said point bears south 24°19'51" west (south 24°20'15" west record); thence easterly along said curve through a central angle of 33°40'00" an arc distance of 352.56 feet; thence along a nontangent line north 85°42'51" east 491.73 feet (north 85°43'14" east 491.67 feet record) to a point on a line which lies 170.00 feet westerly and parallel with the easterly line of said quarter Section 173; thence along said line south 17°42'40" east 1225.66 feet to a point on the southerly line of said quarter Section 173; thence continuing along a line which lies 170.00 feet westerly and parallel with the easterly line of said quarter Section 172 south 17°48' 19" east 1287 .27 feet to the point of beginning.
(2) Said parcel being described in paragraph (1) is described in a Conditional Certificate of Compliance recorded November 1, 1990, as Instrument no. 90- 592926 of official records of the County of San Diego.
(3) Said land is also described in that ce1tain Grant Deed Recorded December 10, 2010, as Instrument No. 2010-0684029 of official records of the County of San Diego.

APN: 567-011-05-00 and 565-010-30-00
(b) The lease of the real property described in Subdivision (a), designated as No.

PRC 8912.9, from the state, acting by and through the State Lands Commission, to the district, shall terminate on the effective date of the Act that added this section.
(c) The district shall own, operate, and manage in trust for the benefit of the public statewide the public trust lands conveyed to the district by the state pursuant to subdivision (a) in accordance with the san1e tem1s, trusts, and conditions as the tidelands and submerged lands granted and held pursuant to this act.
(d) The requirements of Section 6359 of the Public Resources Code do not apply to the trust lands granted pursuant to this Section. (Added by Stats. 2018, c. 192 (A.B. 2646), § I, eff. Aug. 24, 2018)
ELECTION ON FORMATION OF DISTRICT.

The Board of Supervisors of San Diego County shall call an election in the area to be included within the district not later than the 1964 State Primary Election on the question of the formation of the district if either of the two conditions specified below is met:
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§ 7.
§ 8.
§ 9.
§ 10.
(a) A petition calling for the formation of the district is filed with the board of supervisors from each of the five cities specified in Section 5. Each of the petitions from the five respective cities shall be signed by at least five percent (5%) of the voters registered for the last municipal election in each particular city.
(b) A resolution of consent calling for the formation of the district is filed with the board of supervisors from each of the city councils of the five cities specified in Section 5; provided, that the requirements of this section shall be deemed to have been met if a combination of petitions and resolutions of consent have been filed with the board of supervisors, so long as each of the five cities specified in Section 5, either through a petition or by a vote of the city council, has authorized the calling of an election for the formation of the district.

PETITION OR RESOLUTION OF CONSENT; CONTENTS.

The petition or the resolution of consent shall contain:
(a) A declaration calling for the creation of the San Diego Unified Port District, for the purpose of improving and developing the harbor. (b) A declaration that the tide and submerged lands owned by the paiticular city should be granted to the district.

QUALi FiCA TIONS OF SIGNERS.

Each signer of a petition within a particular city shall be a registered voter and resident of that city.

PUBLICATION OF PETITION; HEARING; LAW GOVERNING.

The publication of the petition and the hearing on the petition shall be governed by the provisions of Section 6014 of the Harbors and Navigation Code.

ELECTION PROCEEDINGS; LAW GOVERNING; DEFINITION OF
TERMS; CONSOLIDATION OF ELECTIONS.

The election shall be called, noticed, held, and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened and closed, ballots counted and returned, returns canvassed. results declared, oaths of office administered, and all other proceedings incidental to and connected with the election shall be regulated and done, as nearly as may be practicable, in accordance with the provisions oflaw regulating municipal elections in general law cities.

For the purposes of the election, the te1ms "board of trustees" and "city clerk," respectively, as used in the Elections Code provisions respecting the conduct of elections in general law cities, shall mean the county board of supervisors and the county clerk, respectively, for the purpose of the election held under this act.

An election called pursuant to the provisions of this act may be consolidated with any other election pursuant to the provisions of Chapter 4 (commencing with Section 23300) of Part 2 of Division 12 of the Elections Code. 13 70987 14

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§ 11. VOTE COUNT; CONDUCT.

The count of the vote in the election shall be conducted in two parts. One part shall consist of those votes cast in the City of San Diego, and the other prut shall consist of all of those votes cast in the other four cities specified in Section 5 ru1d outside territory.
§ 12. APPROVAL BY ELECTORS.

If the electors in the City of San Diego and the electors in the other four cities specified in Section 5 and outside territory approve of the formation of the district, at an election held pursuant to the provisions of this act, the district shall be established.
§ 13. CANVASS OF VOTES; ENTRIES ON MINUTES.

If from the canvass it appears and the board of supervisors finds that a majority of the votes cast in the City of San Diego and a majority of the votes cast in the other four cities and outside teJTitory, the votes of such other four cities and outside territory being combined together, were cast in favor of the formation of the district, it shall enter that fact upon its minutes, together with a description of the boundaries of the district, its nan1e, the official name or nan1es by which the district is commonly known and enter its order declaring the district duly formed and existing in the county.
§ 14. CONVEYANCE OF TIDELANDS, SUBMERGED LANDS AND FACILITIES THEREON IN TRUST TO DISTRICT; EXCEPTIONS.

Upon the establishment of the district, every city specified in Section 5 shall convey to the district all its right, title and interest in and to the tidelands and submerged lands, together with any facilities thereon, which are owned by the city, including any such lands which have been granted in trust to the city by the State in the Bay of San Diego. The City of San Diego shall convey to the district all its right, title and interest in and to such pueblo lands as lie within the tidelands and submerged lands in the Bay of San Diego, together with any facilities thereon, which are owned by the City of San Diego. Thereafter the title to such lands shall reside in the district, and the district shall hold such lands in trust for the uses and purposes and upon the conditions which are declared in this act. Notwithstanding any other provision of this act, the City of San Diego shall not be required to convey to the district those lands described in Chapter 778 of the Statutes of 1929, and the City of Coronado shall not be required to convey to the district those lands described in Chapter 1839 of the Statutes of 1953.
§ 15. INCLUSION OF UNINCORPORATED TERRITORY.

The Board of Supervisors of the County of San Diego may, by ordinance, include within the district unincorporated territory which the board has determined would be benefited by the district.
§ 16. GOVERNMENT OF DISTRICT; APPOINTMENT OF PORT
COMMISSIONERS; QUALIFICATIONS; EXERCISE OF POWERS AND
DUTIES.

The district shall be governed by a board of commissioners who shall be known as "port commissioners." Each city council. respectively, of the cities which are 14 70987 15

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§ 17.
included in the district pursuant to the prov1s1ons of this act shall appoint the commissioner or commissioners to which it is entitled, pursuant to this section, to represent that particuJar city on the board. Three of the commissioners shall be residents of the City of San Diego, one shall be a resident of the City of National City, one shall be a resident of the City of Chula Vista, one shall be a resident of the City of Coronado, and one shall be a resident of the City of Imperial Beach. The commissioners shall be residents of the respective cities they represent at the time of their appointments, and during the term of their office. All of the powers and duties conferred upon the district shall be exercised through the board of commissioners.

TERM OF COMMISSIONERS; VACANCIES; OATH; CERTIFICATE;
REMOVAL.

The term of each commissioner shall be for four years, except as provided in this section.

Any vacancy shall be filled by appointment by the city council of the city from which the vacancy has occurred. Any appointment to fill a vacancy during the term of a commissioner shall be for the unexpired tenn.

Each commissioner, before entering upon the duties of his office, shall take and subscribe the oath as provided in Section 1360 of the Government Code of the State of California, and a certificate of the same shall be filed with the city clerk of the city from which the commissioner shall have been appointed, and a copy of which shall be filed with the district.

A commissioner may be removed from the board by a majority vote of the city council which appointed the commissioner. (Amended by Stats. 1965, c. 577; Stats. 1982, c. 171)
§ 18. COMMISSIONERS; ORGANIZATION; QUORUM; MEETINGS; RULES AND REGULATIONS, COMPENSATION.

Immediately after their appointment, the commissioners shall enter upon the performance of their duties. The board shall annually elect one of its members as chairperson and another as vice chairperson, and shall also elect annually a secretary, who may or may not be a member of the board. A majority shall constitute a quorum for the transaction of business. The board shall make rules and regulations for its own government and procedure, shall hold at least one regular meeting each month. and may hold any special meetings it deems necessary.

The commissioners shall be officers of the district and shall receive no salaries but shall be reimbursed for necessary traveling and other expenses incurred while engaged in the performance of their duties. (Amended by Stats. 1963 c. 673; Stats. 1996, C. 480)
§ 19. MASTER PLAN FOR HARBOR AND PORT IMPROVEMENT;
MODIFICATION OF PLAN; CONFLICTING LOCAL ORDINANCES.

The board shall draft a master plan for harbor and port improvement and for the use of all of the tidelands and submerged lands which shall be conveyed to the district pursuant to the provisions of this act. A two-thirds vote of the board shall be 15 70987 16

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§ 20.
§ 21.
required to adopt the plan. The board may from time to time modify the master plan by a two-thirds vote of the board.

The provisions in the master plan shall not oveITide or supersede any local existing zoning ordinance which was in effect on April 30, 1962; provided, that if any local zoning ordinance is repealed, or expires, or becomes nonoperative for any reason, thereafter the provisions of the master plan adopted by the board shall control as to all lands and waters under the jurisdiction of the district.

FISCAL YEAR; ESTABLISHMENT; ANNUAL FINANCE REPORT
BUDGET.

The board shall establish a fiscal year for its operations and shall at the end of each fiscal year, or as soon as possible after the end of each fiscal year, make a complete report of the affairs and financial condition of the district for the preceding fiscal year, which shall show the sources of all receipts and the purposes of all disbursements during the year. The repo11 shall be verified by the chairperson of the board and the secretary thereof. The board shall draw up a budget for each fiscal year. (Amended by Stats. 1996, c. 480)
ORDINANCES AND RESOLUTIONS.

The board may pass all necessary ordinances and resolutions for the regulation of the district.

The enacting clause of all ordinances passed by the board shall be in substantially the following form:
"The Board of Port Commissioners of San Diego Unified Port District do ordain as follows:"
All ordinances and resolutions shall be signed by the chairperson of the board and attested by the clerk.

All ordinances and resolutions shall be entered in the minutes. All ordinances passed by the board shall be published, within 15 days from the passage thereof, with the names of the members voting for and against them at least once in a daily newspaper of general circulation printed and published in the district.

Ordinances passed by the board shall not go into effect until the expiration of 30 days from the date of their passage by the board, except ordinances ordering or otherwise relating to the following which shaJI take effect upon their publication:
(a) An election.
(b) The adoption of the annual budget.
(c) The bringing or conducting of suits or actions.
( d) The condemnation of private property for public use. 16 70987 17

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§ 22.
( e) The immediate preservation of the public peace, health, or safety, which ordinance shall contain a specific statement showing its urgency and be passed by a two-thirds vote of the board.

A grant, franchise, lease, right, or privilege shall never be construed to be an urgency measure.

All grants, franchises, leases, permits, rights, or privileges for five years or less may be made by the executive director in accordance with any regulations the board prescribes by resolution, and all grants, franchises, leases, permits, or privileges for more than five years shall be made by ordinance, except leases or installment sales to or from a joint powers authority or nonprofit corporation in connection with the issuance of bonds or certificates of participation which may be authorized by resolution. Irrevocable permits shall not be granted or issued to any person. (Amended by Stats. 1963, c. 673; Stats. 1996, c. 399)
EMPLOYMENT OF OFFICERS AND EMPLOYEES.
(a) The board may employ engineers, attorneys, and any other officers and employees necessary in the work of the district.
(b) The executive director shall appoint a treasurer whose duty it shall be to receive and safely keep all moneys of the district.
(1) The treasurer shall do all of the following:
(a) Comply with all provisions of law governmg the deposit and securing of public funds.
(b) Pay out moneys only as authorized by the board, except that no authorization shall be necessary for the payment of principal and interest on bonds of the district, or payment of lease rentals or installment purchase payments used to pay the principal and interest on bonds or certificates of participation issued by, or on behalf of. or at the request of the district.
( c) At regular intervals, at least once each month, submit to the secretary of the district a written report and accounting of all receipts and disbursements and fund balances, a copy of which repo11 he or she shall file with the board.
(2) The treasurer may appoint a deputy or deputies for whose acts the treasurer and the treasurer's bondsmen shall be responsible. The deputy or deputies shall hold office subject to the pleasure of the treasurer and shall receive compensation as may be provided by the board. (3) The treasurer shall execute a bond covering the faithful performance by him or her of the duties of the treasurer's office and his or her duties with respect to all moneys coming into his or her hands as treasurer in an amount fixed by resolution of the board. The surety bond required by 17 70987 18

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this paragraph shall be executed only by a surety company authorized to do business in the State of California and the premium therefor shall be paid by the district. The bond shall be approved by the board and filed with the secretary of the district.
( 4) The treasurer, before entering upon the duties of his or her office, shall take and file with the secretary of the district the oath of office required by the California Constitution. (Amended by Stats. 1963, c. 673; Stats. 1996, C. 399)
§ 23. ACTIONS BY AND AGAINST DISTRICT.

The district and the board may sue and be sued in all actions and proceedings in all courts and tribunals of competent jurisdiction.

The district also may bring an action to determine the validity of any of its taxes, revenues, rates, charges, bonds, warrants, contracts, obligations, or evidences of indebtedness pursuant to Chapter 9 (commencing with Section 860) of Title IO of Part 2 of the Code of Civil Procedure. (Amended by Stats. 1963, c. 673; Stats. 1996, C. 399)
§ 24. SEAL.

The board may adopt a seal for the district and alter it at pleasure. (Amended 1963 by Stats. 1963, c. 673)
§ 25. ACQUISITION AND DISPOSAL OF PROPERTY.

The district may take by grant, purchase, gift, devise, lease or otherwise acquire, hold and enjoy and lease and dispose of real and personal property of every kind, within the district, necessary to the full or convenient exercise of its powers. (Amended by Stats. 1963, c. 673)
§ 26. REPEALED 1996 - By Stats. 1996, c. 399
§ 27. EMINENT DOMAIN.
§ 28.

The district may exercise the right of eminent domain within the boundaries of the district to take any property necessary or convenient to the exercise of its powers consistent with Section 4 and pursuant to Section 30.5. (Amended by Stats. 1975, c. 587; Stats. 1996, c. 399)
PUBLIC CORPORATION.

The district created in accordance with the prov1s10ns of this act is a public corporation created for the purposes set forth herein. (Amended by Stats. 1963. c. 673)
§ 29. BONDS AND OTHER INDEBTEDNESS; REFUNDING; RETIREMENT. (a) (1) The district may issue bonds, borrow money, and incur indebtedness as authorized by law or as provided in this act.
(2) The district also may refund any indebtedness as provided in this act or in any other applicable law, may refund by the issuance of the same type of 18 70987 19 Page 59 of 1135
§ 30.
obligations as those refunded and following the same procedure as at that time may be applicable to the issuance of those obligations, and may retire any indebtedness or lien that may exist against the district or its property. (3) For the exclusive purpose of securing financing or refinancing of any project or purpose permitted by this act, through the issuance of bonds or certificates of participation by a joint powers authority, and notwithstanding any other provision of law applicable to borrowing or the issuance of bonds, the district may bonow money or purchase or lease property from the authority. In this connection, the district may sell or lease property to the authority to the extent allowed by subdivision (b) of Section 87, in each case, in accordance with the interest rate or rates, maturity date or dates. installment payment or rental provisions, security, pledge of revenues and other assets, covenants to increase rates and charges, default, remedy, and any other terms or provisions as may be specified in the loan, loan purchase, installment sale, lease, or other agreement or agreements between the district and the authority. (4) The district may enter into any liquidity or credit agreement it may deem necessary or appropriate in connection with any financing or refinancing authorized by this section. This section provides a complete, additional, and alternative method of performing the acts authorized by this section, and the borrowing of money, incurring indebtedness. sale, purchase, or lease of property from or to a joint powers authority.
(b) The district may retire any indebtedness that is outstanding as of the effective date of the act amending this section enacted at the 1989-90 Regular Session of the Legislature, that has been incurred by the City of Imperial Beach for the construction or reconstruction of the Imperial Beach pier located upon tide and submerged lands granted to the district by the Legislature pursuant to that act. (Amended by Stats. 1963, c. 673. Stats. 1990, c. 168; Stats. 1996, c. 399) POWERS AND SERVICES.
(a) (1) The board may regulate and control the anchoring, mooring, towing, and docking of all vessels.
(2) The board may manage the business of the district and promote the maritime and commercial interests by proper advettisement of its advantages and by the solicitation of business within or outside the district, within other states or in foreign countries, through employees or agencies that are expedient.
(b) (I) The district may perform the functions of warehousemen, stevedores. lighterers, reconditioners, shippers, and reshippers of properties of all kinds. (2) Within the boundaries of the district, consistent with the provisions of this act, the district may do all of the follo~~ng:
(a) Acquire, purchase, take over, construct, maintain, operate, develop, and regulate grain elevators, bunkering facilities. belt or 19 70987 20

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other railroads, floating plants, lighterage, towage facilities, and any and all other facilities, aids, equipment, or property necessary for or incident to the development and operation of a harbor or for the acconrn10dation and promotion of commerce, navigation, fisheries, or recreation in the district.
(b) Acquire, purchase, develop, construct, maintain, repair, operate, and regulate highways, streets, roadways, bridges, railroads, trolleys, buses, and similar transportation facilities, parking facilities, power, communication facilities, water and gas pipelines, and all other transportation and utility facilities or betterments incidental, necessary, or convenient to the development and operation of air terminal and rail facilities, and the other purposes for which the district was established. (Amended by Stats. 1963, c. 673; Stats. 1996, c. 399)
§ 30.5 EXERCISE OF POWERS OFF TIDELANDS.
(a) The district may undertake the activities authorized in Section 27 or listed in paragraph (2) of subdivision (b) of Section 30 outside of the lands listed in subdivision (b) of Section 5 if all of the following occm:
( 1) The activities are adjacent to the lands listed in subdivision (b) of Section

5. (2) The board finds that adequate areas for these activities do not presently exist within the lands listed in subdivision (b) of Section 5. (3) The activities are necessary or incidental to carrying out the purposes described in Section 87.
(b) At least 60 days before making a capital expenditure in excess of one hundred thousand dollars ($100,000), but not more than one million dollars ($1 ,000,000), in or on the lands specified in subdivision (a), the district shall give written notice of that proposed expenditure to the State Lands Commission. The notice shall set fmth the trust purposes, as set forth in this act, for which the proposed expenditure will be made.
(c) The district shall not make capital expenditures in excess of one million dollars ($1,000,000) in or on lands listed in subdivision (a) unJess the State Lands Commission approves the expenditure pursuant to Chapter 2 (commencing with Section 6701) of Part 2 of Division 6 of the Public Resources Code.
(d) At least 60 days before making a capital expenditure of not more than two hundred fifty thousand dollars ($250,000) in or on the lands that are not adjacent to lands specified in subdivision (b) of Section 5, the district shall give written notice of that proposed expenditure to the State Lands Commission. The notice shall set fmth the trust purposes, as set forth in this act for which the proposed expenditure will be made.
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§ 31.

The district shall not make capital expenditures in excess of two hundred fifty thousand dollars ($250,000) in or on lands that are not adjacent to lands specified in subdivision (b) of Section 5 unless the State Lands Commission approves the expenditure pursuant to Chapter 2 ( commencing with Section 6701) of Part 2 of Division 6 of the Public Resources Code. ( e) Any property acquired by the district shall become an asset of the public trust and be subject to Section 87. (Added by Stats. 1996, c. 399) CONTRACTS WITH CITY FOR SERVICES.

As to any service which the district is authorized to perform pursuant to the provisions of this act, the district may contract for the performance of such service by the city within which the particular tidelands are located. (Amended by Stats. 1963,c. 673)
§ 32. ELECTIONS; APPLICABILITY OF ELECTIONS CODE.

All district elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exist or may hereafter be an1ended, for the holding of elections in general law cities insofar as the same are not in conflict with this act. (Amended by Stats. 1963, c. 673) § 33. ELECTIONS; INITIATIVE REFERENDUM AND RECALL.

The provisions of the Elections Code of the State of California, as the same now exist or may hereafter be amended; governing the initiative and the referendum in districts shall apply insofar as such provisions of the Elections Code are not in conflict with this act. Officers of the district shall not be subject to recall. (Amended by Stats. 1963, c. 673)
§ 34. INVESTMENT OF EXCESS FUNDS.
§ 35.
§ 36.
§ 37.

The board may, by resolution, order that any of the moneys in the funds under its control which are not necessary for current operating expenses be invested in any obligations, bonds or securities in which a general law city could invest such funds; provided, however, that ( 1) any such investment shall be made in such a manner that the moneys in such funds will be available at the times and in tbe amounts necessary to accomplish the purpose for which said funds were established, and (2) no such investment shall be made in contravention of any provision or covenant in any proceedings for the authorization and issuance of bonds. notes, contracts or other evidences of indebtedness. (Amended by Stats. 1963, c. 673) NECESSARY AND CONVENIENT ACTS.

The board may do all other acts necessary and convenient for the exercise of its powers.

FIXING OF RA TES AND CHARGES.

The board shall by ordinance fix the rate of wharfage charges and other charges which are appropriate for the use of any of the facilities owned and constructed or services furnished or provided by the district.

PUBLIC PROJECTS; APPLICABLE LAW.
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(a) Alticle 48 (commencing with Section 20750) of Part 3 of Division 2 of the Public Contract Code applies to public projects of the district. (b) The district shall adopt policies and procedures, including bidding regulations, governing purchases of supplies and equipment by the district. Purchases of supplies and equipment by the district shall be in accordance with those policies and procedures and with all provisions of law governing those purchases.
(c) As used in this section, '·public project" means any of the following:
(I) A project for the erection, improvement, painting, or repair of public buildings and works.
(2) Work in or about streams, bays waterfronts, embankments, or other work for protection against overflow.
(3) Street or sewer work except maintenance or repair.
(4) Furnishing supplies or materials for any project specified in paragraphs (I) to (3), inclusive, including maintenance or repair of streets or sewers. (Amended by Stats. 1977, c. 1227, Stats. 1997. c. 118)
§ 37.2 DESIGN-BUILD CONTRACTS FOR PROJECTS EXCEEDING ONE MILLION DOLLARS.
(a) Notwithstanding subdivision (a) of Section 37 of this act or any other law, the district, with approval of the board of commissioners, may procure designbuild contracts for the construction of a building or buildings and improvements directly related to the construction of a building or buildings that exceed . one million dollars ($1.000,000) using the design-build procurement process described in Chapter 4 (commencing with Section 22160) of Prut 3 of Division 2 of the Public Contract Code. (b) For the purposes of this section, except where the context otherwise requires, all references in Chapter 4 ( commencing with Section 22160) of Part 3 of Division 2 of the Public Contract Code to "local agency" shall mean the Sru1 Diego Unified Po11 District. (Added by Stats. 2014, c. 931) § 37.5 NEGOTIATIONS WITH FEDERAL GOVERNMENT; CONTRIBUTIONS § 38.

FOR WORK DONE BY UNITED STATES.

The board may, without advertising for bids, negotiate with the government of the United States for the purpose of assisting the board in the performance of any of the work authorized by this act, and the board may contribute to the Uruted States all or any portion of the estimated cost of any work authorized by this act which is to be done by or under contract with the United States.

CREATION AND ACCUMULATION OF CAPITAL OUTLAY FUND.

By resolution, the board may provide for the creation and accumulation of a fund for capital outlays.
22 70987 23

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§ 39.
§ 40.
§ 41.

TRANSFERS TO FUND.

At any time after the creation of the fund, the board may transfer to the Capital Outlay Fund any unencumbered surplus funds raised for any purpose whatever, remaining on hand at the end of any fiscal year or years.

USE OF FUND; PURPOSES; AUTHORIZATION.

The Capital Outlay Fund shall remain inviolate for the making of any capital outlays and the money shall not be disbursed from the fund except for such a purpose unless the district board submits a proposition to the electors of the district to obtain their consent to use the money in the fund for some other specific purpose. The proposition may be submitted at any election. A two-thirds vote of all the voters voting at the election is necessary to authorize the expenditure of the money for such other purpose.

BORROWING MONEY; NOTES AND CONDITIONAL SALES
CONTRACTS; RESTRICTIONS AND CONDITIONS; TAXES.

Notwithstanding any other provision of this act, the board may borrow money by issuance of negotiable promissory notes, or execute conditional sales contracts to purchase personal property, in an amount or of a value not exceeding in the aggregate at any one time the sum of two hundred thousand dollars ($200,000), for the purposes of the acquisition. construction, completion, or repair of any or all improvements, works, property. or facilities authorized by this act or necessary or convenient for the carrying out of the powers of the district.

Negotiable promissory notes issued pursuant to this section shall mature five years from their respective dates of issuance and shall bear interest at a rate or rates not exceeding 6 percent per annum payable annually or semiannually.

No conditional sales contract shall be for a term in excess of five years from the date of execution thereof.

The negotiable promissory notes and the conditional sales contracts shall contain any terms and provisions the board specifies .in the ordinance providing for the issuance thereof. The negotiable promissory notes shall be signed in the same manner as general obligation bonds of the district and the conditional sales contracts shall be signed in the same manner as other contracts of the district.

As a condition precedent to the issuance of any negotiable promissory notes for the purposes of the acquisition, construction, completion, or repair of any or all improvements, works, property, or facilities authorized by this section or the execution of any conditional sales contract for those purposes. as provided in this section, in excess of twenty-five thousand dollars ($25,000), the board shall first unanimously approve by resolution and have on file a report approved by the executive director on the engineering and economic feasibility relating to the project contemplated for the expenditure of that borrowed money or conditional sales contract. The feasibility report shall be prepared and signed by an engineer or engineers licensed and registered under the laws of the State of California. 23 70987 24

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§ 42.

Taxes for the payment of all negotiable promissory notes or conditional sales contracts issued under this section shall be levied, collected, paid to the district, and used in the same manner as is hereinafter provided for general obligation bonds of the district. (Amended by Stats. 1963, c. 673; Stats. 1996, c. 399) GENERAL OBLIGATION BONDS.
(a) Whenever the board deems it necessary for the district to incur a general obligation bonded indebtedness for the acquisition or improvement of real property, authorized by this act or necessary or convenient for the carrying out of the powers of the district, it shall, by ordinance, adopted by two-thirds of all members of the board, so declare and call an election to be held in the district for the purpose of submitting to the qualified voters thereof the proposition of incurring indebtedness by the issuance of general obligation bonds of the district. The ordinance shall state all of the following:
(1) The purpose for which the proposed debt is to be incurred, which may include expenses of all proceedings for the authorization, issuance, and sale of the bonds.
(2) The estimated cost of accomplishing the purpose.
(3) The amount of the principal of the indebtedness.
(4) The maximum term the bonds proposed to be issued shall run before maturity, which shall not exceed 40 years from the date thereof or the date of each series thereof.
(5) The maximum rate of interest to be paid. which shall not exceed l 2 percent per annum.
(6) The proposition to be submitted to the voters.
(7) The date of the election.
(8) The manner of holding the election and the procedure for voting for or against the measure.
(b) Notice of the holding of the election shall be given by publishing, pursuant to Section 6066 of the Government Code, the ordinance calling the election in at least one newspaper published in the district. No other notice of the election need be given. Except as otherwise provided in the ordinance, the election shall be conducted as other district elections.
( c) If any proposition is defeated by the electors. the board shall not call another election on a substantially similar proposition to be held within six months after the prior election. If a petition requesting submission of a proposition, signed by 15 percent of the district electors, as shown by the votes cast for all candidates for Governor at the last election, is filed with the board, it may call an election before the expiration of six months.
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( d) If two-thirds of the electors voting on the proposition vote for it, then the board may, by resolution, at a time or times as it deems proper, issue bonds of the district for the whole or any part of the amount of the indebtedness so authorized and may, from time to time, in that resolution or resolutions, provide for the issuance of those amounts as the necessity thereof may appear, until the full amount of the bonds authorized have been issued. The full amount of bonds may be divided into two or more series and different dates and different dates of payment fixed for the bonds of each series. A bond need not mature on an anniversary of its date. The maximum term the bonds of any series shall run before maturity shall not exceed 40 years from the date of each series respectively. In the resolution or resolutions the board shall prescribe the form of the bonds and the form of any coupons to be attached thereto, the registration, conversion, and exchange privileges, if any, pertaining thereto, and fix the time when the whole or any part of the principal shall become due and payable.
( e) The bonds shall bear interest at a rate or rates not exceeding 12 percent per annum, payable semiannually, except that the first interest payable on the bonds or any series thereof may be for any period not exceeding one year as detem1ined by the board. In the resolution or resolutions providing for the issuance of the bonds, the board also may provide for call and redemption of the bonds prior to maturity at those times and prices and upon other tem1s as it may specify, provided that no bond shall be subject to call or redemption prior to maturity unless it contains a recital to that effect or unless a statement to that effect is printed thereon. The denomination or denominations of the bonds shall be stated in the resolution providing for their issuance, but shall not be less than one thousand dollars ($1 ,000). The principal of and interest on the bonds shall be payable in lawful money of the United States at the office of the treasurer of the district or at any other place or places as may be designated, or at either place or places at the option of the holders of the bonds. The bonds shall be dated, numbered consecutively and signed by the chair and treasurer, countersigned by the clerk, and the official seal of the district attached. The interest coupons of the bonds shall be signed by the treasurer. All signatures, countersignatures, and seal may be printed, lithographed. or mechanically reproduced, except that one of the signatures or countersignatures on the bonds shall be manually affixed. If any officer whose signature or countersignature appears on bonds or coupons ceases to be that officer before the delivery of the bonds, his or her signature is as effective as if he or she had remained in office. (f) The bonds may be sold, either above or below par, at a price the board determines by resolution. Before selling the bonds, or any part thereof, the board shall give notice inviting sealed bids in a manner that it may prescribe. If satisfactory bids are received, the bonds offered for sale shall be awarded to the highest responsible bidder. If no bids are received or if the board determines that the bids received are not satisfactory as to price or responsibility of the bidders, the board may reject all bids received, if any. and either readvertise or sell the bonds at private sale.
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(g) Delivery of any bonds may be made at any place either inside or outside the state, and the purchase price may be received in cash or bank credits. (h) All accrued interest received on the sale of bonds shall be placed in the fund to be used for the payment of principal of and interest on the bonds and the remainder of the proceeds of the bonds shall be placed in the treasury to the credit of the proper improvement fund and applied exclusively to the purpose for which the debt was incuned. However, when that purpose has been accomplished, any moneys remaining in the improvement fund (1) shall be transferred to the fund to be used for the payment of principal of and interest on the bonds, or (2) shall be placed in a fund to be used for the purchase of outstanding bonds of the district. The bonds may be purchased only after publishing, pursuant to Section 6066 of the Government Code, in the district a notice inviting sealed proposals for the sale of bonds to the district. The notice shall state the time and place when proposals will be opened and the amount of money available for the purchase of the bonds and the maximum price to be paid for the bonds so purchased. The notice may be published elsewhere in the United States in the discretion of the board. The board may reject any or all proposals and if it rejects all proposals, the board, within a period of 30 days thereafter, may purchase for cash any outstanding bonds of the district but in that event the purchase price shall not be more than the lowest purchase price at which bonds were tendered to the district in the public bidding. Any bonds so purchased shall be canceled immediately.
(i) After the expiration of three years after a general obligation bond election, the board may determine, by ordinance adopted by two-thirds of all the members of the board, that any or all of the bonds authorized at the election remaining unsold shall not be issued or sold. When the ordinance takes effect, the authorization to issue the bonds shall become void.

G) Whenever the board deems that the expenditure of money for the purpose for which the bonds were authorized by the voters is impractical or unv.rise, it may, by ordinance adopted by two-thirds of all members of the board, so declare and call an election to be held in the district for the purpose of submitting to the qualified voters thereof, the proposition of incurring indebtedness by the issuance of the bonds for some other purpose. The procedure, so far as applicable, shall be the same as when a bond proposition is originally submitted.
(k) The board, by resolution and without the necessity of an election, may provide for the issuance, sale, or exchange of refunding bonds to redeem or retire any bonds issued by the district upon the terms, at the times, and in the manner which it determines. Refunding bonds may be issued in a principal amount sufficient to pay all or any part of the principal of any outstanding bonds, the interest thereon, and the premiums, if any, due upon call redemption thereof prior to maturity and all expenses of that refunding. The provisions for this section for authorization, issuance, and sale of bonds shall apply to the authorization, issuance, and sale of those refunding bonds, except that when 26 70987 27

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refunding bonds are to be exchanged for outstanding bonds, the method of exchange shall be as determined by the board.
(I) The district shall not incur a general obligation bonded indebtedness which in the aggregate exceeds 15 percent of the assessed value of all real and personal property in the district. (Amended by Stats. 1963, c. 673; Stats. 1996, c. 399) § 43. BONDS; PROVISION FOR PAYMENT.

All bonds issued pursuant to Section 42 of this act are general obligations of the district and at the time of making the general tax levy after the incurring of any such bonded indebtedness, and annually thereafter until the bonds are paid or until there is a sum in the treasury of the district set apart for that purpose sufficient to meet all payments of principal and interest on the bonds as they become due, the board must cause a tax to be levied and collected annually, as hereinafter provided in Sections 44 and 45 ofthis act, sufficient to pay the interest on the bonds and such part of the principal as will become due before the proceeds of a tax levied at the next general tax levy will be available. (Amended by Stats. 1963, c. 673) § 44. BONDS; CERTIFICATE OF REQUIRED TAX REVENUES.

The board shall, on or before the first day of August, certify to the board of supervisors and to the auditor of the county in which the district is located, in writing the minimum amount of money required to be raised by taxation during the fiscal year for the payment of the principal of and interest on any general obligation bonded debt of the district that will become due before the proceeds of a tax levied at the next general tax levy will be available. To the extent that, pursuant to this act or otherwise, moneys are on hand and have been set aside in the proper special fund for the purpose of paying such principal and interest, the amow1t of money required to be raised by taxation during the fiscal year may be reduced and if all of the moneys required to be raised by such annual tax levy are actually on hand and have been set aside in said fund for said purpose from some such other source, the tax levy hereinbefore required for such year need not be made. (Amended by Stats. 1974, C. 208)
§ 45. LEVY AND COLLECTION OF TAXES; USE OF PROCEEDS.

The taxes required to be levied by Sections 43 and 44 of this act shall be levied upon all prope1ty within the district taxable for county purposes and shall be in addition to any and all other taxes levied by the board of supervisors and it shall be the duty of the officer, officers or body having authority to levy taxes within the county to levy the taxes so requjred. It shall be the duty of all county or other officers charged with the duty of collecting taxes to collect such taxes in the time, form and manner as county taxes are collected and when collected to pay the same to the district. All such taxes shall be of the same force and effect as taxes levied for county purposes and their collection may be enforced by the same means as provided for the collection of county taxes. Such taxes shall be used only for the payment of the bonds and interest thereon. (Amended by Stats. 1963, c. 673) 27 70987 28

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§ 46. PRELIMINARY BUDGET.
§ 47.

On or before the 15th day of June of each year, the district board shall estimate and determine the an1ount of money required by the district and shall adopt a preliminruy budget which shall be divided into the following main classes:
(1) Ordinary annual expenses.
(2) Capital Outlay and Capital Outlay Fund.
(3) Prior indebtedness. (Amended by Stats. 1963, c. 673) NOTICE OF ADOPTION OF PRELIMINARY BUDGET; HEARING ON
FINAL BUDGET.

On or before the 15th day of June of each year, the board shall publish a notice pmsuant to Section 6061 of the Government Code in the district stating:
(1) That the preliminary budget has been adopted and is available at a time and at a place within the district specified in the notice for inspection by interested taxpayers.
(2) That on a specified date not less than one month after the publication of the notice and at a specified time and place, the district board will meet for the purposes of fixing the final budget, and that any taxpayer may apperu· and be heard regarding the increase, decrease or omission of any item in the budget, or for the inclusion of additional items. (Amended by Stats. 1963, c. 673)
§ 48. APPEARANCE OF TAXPAYERS; CONTINUATION OF HEARING.

At the tin1e and place designated in the published notice for the meeting, any taxpayer may appear and be heard regarding the increase, decrease or omission of any item in the budget or for the inclusion of additional items. The hearing on the budget may be continued from time to time.
§ 49. REPORT OF FINAL BUDGET TO BOARD OF SUPERVISORS.

The district board shall report the final budget to the board of supervisors after the budget hearing but not later than the first day of August each year after making any changes in the preliminary budget it deems advisable during or after the hearing, including deductions. increases or additions.
§ 49.5 LEVY OF TAX BY BOARD OF SUPERVISORS; PAYMENT OF FUNDS TO DISTRICT TREASURER; LIMITATIONS ON LEVY FOR CAPITAL
OUTLAY.

The board of supervisors shall at the time of levying the county taxes levy the taxes required by other sections of this act and also a tax upon all the taxable property within the district sufficient to meet the an1ounts set forth in the final budget submitted by the district board. The money when collected by the tax collector of the county shall be paid to the treasurer of said district; provided further, that any levy for capital outlay or for Capital Outlay Fw1d shall not exceed three cents 28 70987 29

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§ 50.
§ 51.
($0.03) per hundred dollars ($100) assessed valuation of all real and personal property in the district. (Amended by Stats. 1963, c. 673) BONDS AS LEGAL INVESTMENTS.

Bonds issued by the district pursuant to this act are legal investments for all trust funds, and for the funds of all insurers, banks, both commercial and savings, and trust companies, and for the state school funds, and whenever any money or funds may, by law now or hereafter enacted, be invested in bonds of cities, cities and counties, counties, school districts or municipalities in this State, such money or funds may be invested in bonds of the district organized pursuant to this act.

REVENUE BONDS.
(a) Whenever the board deems it necessary for the district to incur a revenue bonded indebtedness for the acquisition, construction, completion, or repair of any or all improvements, works, property, or facilities authorized by this act or necessary or convenient for the carrying out of the powers of the district, the board shall issue those revenue bonds in accordance with the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5 of the Government Code).

Article 3 (commencing with Section 54380) of Chapter 6 of Part l of Division 2 of Title 5 of the Government Code and the limitations set forth in subdivision (b) of Section 54402 of the Government Code shall not apply to the issuance and sale of bonds pursuant to this section. Instead, by ordinance adopted by two-thirds of all the members of the board and subject to referendum, the board may provide for the issuance of those bonds and, unless the ordinance is subject to referendum, no election shall be required to authorize the issuance of the bonds. To initiate a referendum, a petition protesting against the adoption of the ordinance shall be signed by voters of the district equal in number to at least 5 percent of the entire vote cast within that district for all candidates for Governor at the last gubernatorial election.

The ordinance shall specify all of the following:
(1) The purposes for which the bonds are to be issued, which may include any one or more purposes authorized by this section or this act. (2) The maximum principal amount of the bonds.
(3) The maximum term for the bonds.
(4) The maximum rate of interest fixed or variable, to be payable upon the bonds.
(5) The maximum discount or premium on the sale of bonds. (b) For the purposes of issuing and selling revenue bonds pursuant to this section, the following definitions are applicable to the Revenue Bond Law of 1941 29 70987 30

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(Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5 of the Government Code):
( 1) "Enterprise" means any purpose, operation, facility, system, improvement, or undertaking of the district from whjch revenues are derived or otherwise allocable, which revenues are or may, by resolution or ordinance, be required to be separately accounted for from other revenues of the district.
(2) "Fiscal agent" means any fiscal agent, trustee, paying agent, depository, or other fiduciary provided for in the ordinance authorizing the issuance of the bonds. The fiscal agent may be located within or without the state. (3) "Ordinance" means, unless the context otherwise requires, the instrument providing the terms and conditions for the issuance of the revenue bo·nds, and may be an indenture, resolution, ordinance, lease, installment sale, agreement, or other instrument in writing.
( c) Each ordinance shall provide for the issuance of revenue bonds in the amounts as may be necessa1y, until the full amount of the bonds authorized has been issued. The full amount of bonds may be divided into two or more series with different dates of payment fixed for the bonds of each series. A bond need not mature on its anniversary date. Any provision of the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5 of the Government Code) that is inconsistent with this section or this act shall not be applicable.
(d) The district may issue refunding revenue bonds to redeem or retire any revenue bonds issued by the district upon the terms, at the times, and in the manner whlch the board. by ordinance, determines. Refunding bonds may be issued in a principal amount sufficient to pay all, or any part of, the principal of the outstanding bonds, the premiums, if any, due upon call and redemption thereof prior to maturity, all expenses of the refunding, and either of the following:
(1) The interest upon the refunding bonds from the date of sale thereof to the date of payment of the bonds to be refunded out of the proceeds of the sale of the refunding bonds or to the date upon which the bonds to be refunded will be paid pursuant to call or agreement with the holders of the bonds.
(2) The interest upon the bonds to be refunded from the date of sale of the refunding bonds to the date of payment of the bonds to be refunded or to the date upon wruch the bonds to be refunded will be paid pursuant to call or agreement with the holders of the bonds.
(e) Thls section provides a complete, additional. and alternative method of performing the acts authorized by this section, and the issuance of revenue bonds, including refunding revenue bonds, need not comply \vi.th any other 30 70987 31

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law applicable to borrowing or the issuance of bonds. (Amended by Stats. 1963, c.673;Stats. 1996,c. 399)
§ 52. AUDIT OF ACCOUNTS.
§
§
§

53. 54.

55. The accounts of the district shall be audited annually in accordance with generally accepted auditing standards by independent ce11ified public accountants and a copy of the audit report shall be filed with the clerk for inspection by any person or persons interested. (Amended by Stats. 1963, c. 673)
ANNEXATION OF TERRITORY.

Any territory annexed in accordance with law to a city specified in this act shall, upon the completion of such annexation proceedings, be deemed incorporated into and annexed to the district. In addition to the annexation of tenitory to the district as a result of it being annexed to such a city, there may be annexed to the district any of the following territory which is in the same county as the district:
(a) Any tenitory contiguous to the district.
(b) Any tenitory, any point of which touches the district. (c) Any territory separated from the district by a "separating barrier," which tenn includes a street, road, highway, railway line, railway crossing, railway rightof-way, watercourse, lagoon, or other natural barrier.

Any territory specified in this section may consist of one or more separate parcels of land, but it is not necessary that all parcels shall constitute in the aggregate one tract of land. (Amended by Stats. 1963, c. 673)
REPEALED 1965 - Added by Stats. 1963, c. 673, Repealed by Stats. 1965, c. 2043 RULES AND REGULATIONS OF BOARD; REGULATION OF VESSELS;
HARBOR POLICE AND FIRE PROTECTION.

The board shall:
(a) Make and enforce all necessary rules and regulations governing the use and control of all navigable waters and all tidelands and submerged lands. filled or unfilled, and other lands within the tenitorial limits of the district. (b) Regulate and control the anchoring, mooring, towing and docking of all vessels.
(c) Establish and maintain a system of harbor police and may establish harbor fire protection within the territorial limits of the district for the enforcement of the ordinances, rules and regulations of the district, and employ the necessary officers, who shall as to such matters have all the power of peace officers and firemen within the district; or in the alternative, the district may contract with the munjcipalities whose territorial limits are adjacent to or contiguous to those of the district to provide such services.
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§ 56.
§ 57.

ENACTMENT AND ENFORCEMENT OF POLICE AND SANITARY
REGULATIONS.

The board shall make and enforce such local police and sanitary regulations relative to the construction, maintenance, operation and use of all public services and public utilities in the district, operated in connection with or for the promotion or accommodation of commerce, navigation, fisheries, and recreation therein as are now vested in the district.

ACQUISITION AND OPERATION OF FACILITIES FOR PROMOTION OF COMMERCE, NAVIGATION, FISHERIES ANO RECREATION.

The board may acquire, construct, erect, maintain or operate within the district, all improvements, utilities, appliances or facilities which are necessary or convenient for the promotion and accommodation of commerce, navigation, fisheries and recreation, or their use in connection therewith upon the lands and waters under the control and management of the board, and it may acquire, maintain and operate facilities of all kinds within the district. (Amended by Stats. 1963, c. 673) § 57.5 TRANSPORTATION VENDOR CONDUCTING BUSINESS ON DISTRICT TIDELANDS; PARKING STRUCTURE FINANCING FEE; CONDITIONS. (a) If the district requires any transportation vendor conducting business on district tidelands; including San Diego International Airport, Lindbergh Field, or the airport, in writing, to collect a fee from its customers on behalf of the district for financing a parking struch1re that is located on district-owned property and adjacent to an intended principally to serve a convention center, all of the following shall apply:
(1) The fees shall be calculated on a per transaction basis. (2) All fees collected for this purpose constitute debts owed to the district by the collecting party. The debts are due and payable to the district quarterly or at any other interval the district may establish to facilitate collection and ensure payment.
(3) The fee is a transaction fee, not a tax.
(4) Revenues collected from the fee may not exceed the reasonable costs of financing the construction of the parking struch1re and may not be used for any other purpose.
(5) For purposes of this section, a rental car company shall be deemed to be conducting business on district tidelands if it has a business location on district tidelands or it picks up customers at a location on district tidelands.
(b) If the vendor required to collect a fee pursuant to subdivision (a) is a rental car company, then, notwithstanding any other provision of law, including, but not limited to, Section 1936 of the Civil Code, the rental car company shall do all of the fo!Jowing:
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§ 58.
§ 59.
( 1) Collect the fee only as permitted by this section. (2) Clearly disclose the existence of the fee in any radio, television, or print advertisement that states a rental rate applicable to the location, at which the fee is to be imposed, and the amount of the fee at the location where it is imposed, or a range of fees if the fee is imposed at more than one location.
(3) Clearly disclose the existence of the fee in a telephonic, in-person, or computer-transmitted quotation that states a rental rate applicable to a location at which the fee is to be imposed and the amount of the fee at the location where it is imposed.
( 4) Separately identify the fee on its rental agreement. ( c) If a rental car company conducting business on district tidelands operates a facility not located on district tidelands, then, the rental car company shall be subject to all provisions of subdivisions (a) and (b), but shall collect the fee only from those customers of that facility who do either of the following:
(1) Are picked up from a location on district tidelands, including the airport, and are transported to the rental car company's business facility via a comiesy ground transportation vehicle for the purpose of entering into a car rental agreement or securing a rental vehicle.
(2) Enter into a car rental agreement with the rental car company within 24 hours of arrival at the airport and rental car arrangements or reservations were made using a telephone located at an airp01i information board by such customers.
(d) In the event that the Federal Aviation Administration makes a determination that the provisions of this section are in conflict with federal law requiring a nexus to airport operations, the provisions of this section shall be inoperative. (Added by Stats. 1998, c. 889)
SUSPENSION OF RULES AND REGULATIONS IN EMERGENCIES;
EMERGENCY REGULATIONS.

In case of emergency the board may suspend, modify or amend any rule or regulation of the board, or it may place in effect any emergency rule or regulations, for periods not exceeding thirty (30) days, and every such ordinance shall so provide.

VIOLATIONS; MISDEMEANORS; CONDUCT OF PROSECUTION;
JURISDICTION.

Any person who violates the provisions of any ordinance, or any local police or sanitary regulation, of the board shall be guilty of a misdemeanor. The prosecution shall be conducted by the City Attorney of San Diego if the infraction occurred within the corporate limits of the City of San Diego on lands or waters subject to the jurisdiction of the district. The prosecution shall be conducted by the District 33 70987 34

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Attorney of San Diego County if the infraction occurred without the corporate limits of the City of San Diego but otherwise on lands or waters subject to the jurisdiction of the district. The complaint shall be filed in the judicial district within which the infraction occurred.
§ 60. APPLICABILITY OF MUNICIPAL POLICE, FIRE AND SANITARY REGULATIONS.

In the absence of the adoption of any police, fire and sanitary regulations by the district, the police, fire and sanitary regulations of any municipal corporation whose boundaries are adjacent to or contiguous to the tenitorial limits of the district shall be applicable.
§ 61. ASSESSMENTS, REASSESSMENTS, SPECIAL TAXES, AND BONDS; AUTHORIZED PROJECTS; APPLICATION OF OTHER STATUTORY
PROVISIONS; ASSESSMENT DIAGRAMS; ASSESSMENT ROLL;
COLLECTION; APPORTIONMENT.
(a) The district in any year, may levy assessments, reassessments, or special taxes and issue bonds to finance waterway construction projects and related operations and maintenance, or operations and maintenance projects independent of construction projects in accordance with, and pursuant to, the Improvement Act of 1911 (Division 7 ( commencing with Section 5000) of the Streets and Highways Code), the Improvement Bond Act of I 915 (Division 10 (commencing with Section 8500) of the Streets and Highways Code), the Refunding Act of I 984 for 1915 Improvement Act Bonds (Division 11.5 (commencing with Section 9500) of the Streets and Highways Code), the Municipal Improvement Act of 1913 (Division 12 ( commencing with Section I 0000) of the Streets and Highways Code), the Benefit Assessment Act of I 982 (Chapter 6.4 ( commencing with Section 54701) of the Government Code), the Integrated Financing District Act (Chapter 1.5 (commencing with Section 53175) of Part I of Division 2 of Title 5 of the Government Code). the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 533 l 1) of Part 1 of Division 2 of Title 5 of the Government Code), and the Marks-Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code).
(b) Sections 5116, 5117, 5118, 5119. 5190. 5191 , 5192. 5193. 10104 and 10302 of the Streets and Highways Code shall not apply to assessment proceedings undertaken pursuant to this section.
(c) Notwithstanding the related provisions of any assessment act which the district is authorized to use, any assessment diagram which any of those acts requires to be prepared prior to final approval of the assessment district may show only the exterior boundaries of the assessment district and the boundaries of any assessment zones or improvement areas within the district. The diagram may refer to the county assessor" s maps and records for a detailed description of each lot or parcel.
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(d) Notwithstanding any other provision of law, the district may levy and collect assessments and reassessments in the same manner as provided in Article 3 ( commencing with Section 51320) of Chapter 2 of Part 7 of Division 15 of the Water Code, to pay any or all of the following:
(1) For the operation and maintenance of projects, including maintenance of lands, easements, rights-of-way, dredge material disposal areas, and remediation.
(2) For the satisfaction of liabilities arising from projects. (3) To accumulate a fund which may be used to advance the cost of district projects, if the advan.ces are repaid, with interest as determined by the commissioners, from assessments, reassessments, special taxes, or fees charged by the district pursuant to this section.
(4) To acquire real property, easements, or rights-of-way for a navigation project or the maintenance of a navigation project.
(5) To acquire real property within the district for the disposal of dredged material.
(e) For the purposes of this section, functions designated by Article 3 ( commencing with Section 51320) of Chapter 2 of Part 7 of Division 15 of the Water Code to be perfonned by the board of supervisors, the board of trustees, or valuation commissioners shall be performed by the district's board. (f) For the purposes of this section, the board may order the creation of a separate assessment roll to pay the allowable expenses of any single project or any group or system of projects.
(g) Notwithstanding any other provision of law, all assessments, reassessments, and taxes levied by the district may be collected together with, and not separately from, taxes for county purposes. Any county in which the district is located may collect, at the request of the district. all assessments, reassessments, and special taxes levied by the district and shall cause those revenues to be deposited into the county treasury to the credit of the district.

Each county may deduct its reasonable collection and administrative costs. (h) Notwithstanding any other provision of law, any assessment or reassessment levied pursuant to this section may be apportioned on the basis of land use category, tonnage shipped on the waterway, size and type of vessel using the waterway, front footage, acreage, capital improvements, or other reasonable basis, separately or in combination, as determined by the district comm1ss10ners.
(i) Notwithstanding ·any other provision of law, Division 4 (commencing with Section 2800) of the Streets and Highways Code shall not apply to any assessment levied by the district.
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§ 62.

G) Notwithstanding any other provision of law, no bond issued pursuant to this section shall be used to fund the routine maintenance dredging of channels. (Added by Stats. 1991, c. 978; Amended by Stats. 1996, c. 399)

CONTRIBUTIONS TO WORKS BY OTHER AGENCIES TO IMPROVE
NAVIGATION AND COMMERCE.

The district may contribute money to the federal or the state government or to the county in which it is located or to any city within the district, for the purpose of defraying the whole or a portion of the cost and expenses of work and improvement to be performed, either within or without the territorial limits of the district, by the federal, state, county or city government, in improving rivers, streams, or in doing other work, when such work will improve navigation and commerce, in or to the navigable waters in the district. (Amended by Stats. 1963, c. 673) § 63. REPEALED 1963 - Repealed by Stats. 1963, c. 673
§ 64. REPEALED 1963 - Repealed by Stats. 1963, c. 673
§ 65. REPEALED 1963 - Repealed by Stats. 1963, c. 673
§ 66. CONTRACT WITH NOTE AND BOND HOLDERS; ENFORCEMENT.

Notwithstanding any other provisions of this act or any other law, the provisions of all ordinances, resolutions, and other proceedings in the issuance by the district of any general obligation bonds, general obligation bonds with a pledge of revenues, revenue bonds, negotiable promissory notes, or any and all evidences of indebtedness or liability shall constitute a contract between the district and the holders of those bonds, notes, or evidences of indebtedness or liability and the provisions thereof, and the provisions of this act shall be enforceable against the district, any or all of its successors or assigns, by mandamus or any other appropriate suit, action, or proceeding in law or in equity in any court of competent jurisdiction. Nothing contained in this act or in any other law shall be held to relieve the district or the territory included within it from any bonded or other debt or liability contracted by the district. Upon dissolution of the district or upon withdrawal of tenitory therefrom, the prope1ty formerly included within the dish·ict or withdrawn therefrom shall continue to be liable for the payment of all bonded and other indebtedness or liabilities outstanding at the time of the dissolution or withdrawal the same as if the district had not been so dissolved or the territory withdrawn therefrom, and it shall be the duty of the successors or assigns to provide for the payment of that bonded and other indebtedness and liabilities. To the extent provided in the proceedings for the authorization, issuance. and sale of any revenue bonds or general obligation bonds secured by a pledge of revenues, revenues of any kind or natme derived from any revenue-producing improvements. works. facilities, or property owned, operated, or controlled by the district may be pledged, charged, assigned. and have a lien thereon for the payment of those bonds as long as the bonds are outstanding, regardless of any change in ownership, operation, or control of those revenue-producing improvements, works, facilities, or prope1ty, and it shall be the duty of the successors or assigns to continue to maintain and operate those revenue-producing in1provements. works, facilities, or property as long as the bonds are outstanding. (Amended by Stats 1963. c. 673; Stats. 1996, c. 399) 36 70987 37

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§ 67. ASSUMPTION OF MUNICIPAL DEBT FOR DISTRICT PURPOSES; VALIDATION.
§ 68.
§ 69.

The district shall take over and assume indebtedness incurred for development of tide and submerged lands of the county or any city specified in this act which shall have heretofore issued bonds or created any indebtedness for harbor development or improvement in the Bay of San Diego in the manner and with the effect set forth in the following entitled contracts:
(I) Assumption Agreement, between San Diego Unified Port District and the City of San Diego, dated February 14, 1963, Po1t Clerk Document No.

72. (2) Assumption Agreement, between San Diego Unified Port District and the City of Chula Vista, dated February 26, 1963, Port Clerk Document No.

I 01.
and the district, the board and any other public agencies, boards, councils, and officers mentioned in such contracts shall take all acts and proceedings necessary to carry into effect the provisions of said contracts. Said contracts are hereby confirmed, validated and declared legally effective, including, without limitation, all acts and proceedings of the parties thereto done or taken with respect to said contracts prior to the date thereof. The provisions of this section shall operate to supply such legislative authorization as may be necessary to confirm, validate and make legally effective any such contracts and the proceedings taken in connection therewith prior to the date thereof which the Legislature could have supplied or provided for in the law under which such acts or proceedings were taken. (Amended by Stats. 1963, c. 673)
CONSENT OF STATE TO CONVEYANCES IN TRUST TO DISTRICT:

SURRENDER OF POWER TO MANAGE HARBOR.

The State hereby consents to the county or any city which has elected to join the district established under the provisions of this act to grant its right, title and interest in and to the tidelands, submerged lands, whetl1er filled or unfilled, swamp, overflowed, and salt marshlands in the Bay of San Diego, which are owned by the county or any city, including any such lands which have been granted in trust to the county or city by the State, to the district in trust for the uses and purposes and upon the conditions specified in this act. The county or such city may also transfer, relinquish and surrender to the district its power to manage, conduct and operate the harbor in or adjacent to which such portion of such lands are situated. The district shall, upon its establishment in accordance with the provisions of this act, become the successor of the county or such city whose tide and submerged lands shall have been included therein with respect to the management, conduct and operation of the harbor and with respect to the use, possession and title to such po1tions of such lands, and they shall continue to be held and used by the district pursuant to this act.

REVERSION OF LANDS AND POWER TO MANAGE HARBOR ON
DISSOLUTION OF DISTRICT.

If the district is dissolved by operation of Jaw, or otherwise, any such lands so granted thereto pursuant to this act, together with any and all improvements thereon, 37 70987 38

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§ 70.
§ 71.
and the management, conduct and operation of such harbor reverts to and is revested in the county or city so granting the same to the district. The lands reverting to the cities or the county pursuant to this section shall be held by the respective cities or the county in trust subject to the conditions, terms, and purposes of this act.

DISTRICT AS SUCCESSOR OF CERTAIN POWERS OF COUNTY AND
CITIES; TRANSFER OF TITLE AND POSSESSION OF PROPERTY.

Whenever the district is established under the provisions of this act it is the successor of the county and each of the cities included therein as to all powers theretofore vested in the county or each such city or exercisable by its officers, which are by the provisions of this act granted to the district or are exercisable by its officers. Such powers are relinquished by the county and the cities and surrendered to the district. The title to, and possession and control of, any works, structures, appliances, improvements and equipment of the kinds designated in this act, owned or held by or in trust for the county and each of the cities, or by any officer or board thereof, in trust or otherwise, for any purpose for which the district is authorized to acquire and use property pursuant to this act, are upon the establishment of the district, transferred to and vested in the district and are thereafter owned, operated and controlled by the district pursuant to this act.

CESSATION OF CERTAIN LOCAL OFFICES UPON ESTABLISHMENT
OF DISTRICT; EXCEPTIONS; RETIREMENT AND DISABILITY
BENEFITS.
(a) Upon the establishment of the district, all persons then occupying the several offices of or under the government, of tl1e county and each of the cities included therein, except as otherwise provided, whose several powers and duties are within the powers of the district or within the powers or duties of the several officers thereof, shall immediately quit and surrender the occupancy or possession of those offices which shall thereupon cease and determine, except as to any persons who have powers and perform duties for the county and the cities other than those mentioned. whose offices shall not cease and determine as to those other powers and duties, but shall continue with respect thereto the same as if the district had not been established.
(b) Notwithstanding subdivision (a), all employees of the county and any city performing duties in connection with the Port of San Diego or the respective harbor depa1tments shall be blanketed in as employees of the district. (c) The district may do all of the following with respect to retirement and disability benefits for its employees:
(1) Contract with the State Employees' Retirement System and provide retirement and disability benefits for employees under the State Employees' Retirement System pursuant to its rules and regulations. (2) Contract with any city included within the district that has a retirement system for retirement and disability benefits for district employees. (3) Contract with any other employee retirement and disability system. 38 70987 39

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( 4) Establish an independent employee retirement and disability system pursuant to Article 1.5 ( commencing with Section 53215) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. (5) By contract, continue those employees of the district so blanketed in, as members of the retirement system of which they were members while they were employees of the respective cities. (Amended by Stats. 1963 c. 673; Stats. 2005, c. 382)
§ 71.5 DISCHARGE OF TRANSFERRED EMPLOYEES; INDEPENDENT
§ 72.

CONTRACTORS.

No employee of the district who was previously employed by another governmental agency and was transferred to the district when it was formed and took over functions previously perfo1med by such other agency shall be discharged, except for cause, or transferred to any position of a lesser class.

Nothing in this section shall prevent the district from employing an independent contractor to provide services of a professional, scientific or technical nature where the district has determined that it is impractical to have such service furnished by a person employed or to be employed in the classified service and the employment of such independent contractor will not require the removal, suspension, layoff or transfer of any employee in the classified service or the elimination of any classification thereof.

This section shall not apply to any employee of the district who is or has been employed by another governmental agency in substantially the same class of position and rate of pay as the position held, and pay received, while employed by the district. (Added by Stats. 1965. c. l 953)
DISTRICT OFFICERS.

The officers of the district shall be as follows:
(a) An auditor.
(b) An executive director.
(c) An attorney.
(d) A clerk.
(e) A treasurer.
(f) A chief engineer.

The auditor, executive director, and attorney shall be appointed by the board. The auditor and attorney shall appoint deputies or assistants as authorized by the board.

All other officers and employees shall be appointed by the executive director. All officers appointed by the executive director shall be confirmed by the board. (Amended by Stats. 1965. c. 349; Stats. 1996, c. 399)
§ 72.5 UNCLASSIFIED AND CLASSIFIED SERVICES.
(a) Employment in the district shall be divided into the unclassified and classified service.
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(b) The unclassified service shall include all of the following:
(1) All officers of the district.
(2) All department and division heads.
(3) The principal assistant or deputy of all officers and department and division heads.
( 4) All assistant and deputy attorneys
(5) Management employees having significant responsibilities for formulating or administering district policies and programs. Each of these positions shall be exempted from the classified service. by ordinance, upon recommendation of the executive director. (6) Employees who are required to develop or present management positions with respect to employer-employee relations, who, in the regular course of their duties, have access to confidential infom1ation concerning employer-employee relations, or who contribute significantly to the development of management positions.
(7) Persons employed for temporary expert professional services for a specified period.
(c) The board shall establish a classified civil service that shall include all positions not specifically included in the unclassified service; provided, however, any incumbents in the positions included in the unclassified service presently in the classified service shall remain in the classified service until the respective positions are vacated by the incumbents.
( d) Officers and employees appointed by the board may be removed from office by the affirmative vote of the majority of the members of the board. (e) All persons in the classified service shall be appointed by and may be removed by the executive director subject to the civil service regulations of the district. (Added by Stats. 1965, c. 349; Amended by Stats. 1982, c. 171; Stats. 1996, c. 480)
§ 73. SALARIES; BONDS.

The salaries of the officers and employees shall be fixed by the board by ordinance.

All officers and employees shall give such bond as is prescribed by the board; the premium on all bonds on officers and employees shall be paid by the district. (Amended by Stats. 1965, c . 349)
40 70987 4 1

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§ 74.
§ 75.

EXECUTION OF BONDS, NOTES AND CONTRACTS.

Bonds, notes and other evidences of indebtedness issued or incurred by the district shall be signed as provided in the section of this act applicable thereto or as provided in any other law applicable thereto; provided, however, that if the pai1icular section or law does not prescribe the method of such execution, the method provided for general obligation bonds of the district shall apply so far as applicable. All other contracts of the district shall be executed in such manner as the board may fix by resolution. (Added by Stats. 1963, c. 673) ADOPTION OF CIVIL SERVICE REGULATIONS; PROVISIONS.

The board may adopt civil service regulations in accordance with the following prov1s1ons:
(a) The civil service regulations shall provide for all of the following:
(1) The qualifications and examination of all applicants for employment and the employment of persons on probation.
(2) The registration of persons, other than unskilled laborers, in the classified civil service, in accordance with their general average standing upon examination.
(3) Promotions on the basis of ascertained merit and seniority in service and examination, and competitive examinations for promotions. ( 4) Leaves of absence.
(5) The transfer from one position to a similar position of the same class. (6) The reinstatement to the list of eligibles on recommendation of the executive director, of persons who have become separated from service or have been reduced in rank. other than persons who have been removed for cause.
(7) The reassignment of persons injured in the service of the district who were at the time of injury actually engaged in the discharge of the duties of their positions.
(8) The keeping of service records for all employees in the civil service, and for their use as one of the bases for the promotion, removal, suspension. layoff, or trai1sfer of any employee.
(9) The procedure for the removal, discharge, or suspension of employees, the investigation by the board of the grounds thereof, and the reinstatement or restoration to duty of persons found to have been removed, discharged. or suspended for insufficient grounds, or for reasons that are not sustained by investigation.
41 70987 42

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§ 76.
§ 77.
§ 78.
§ 79.
(10) Generally for any other purpose that may be necessary or appropriate to carry out the obj ects and purposes of the civil service system and the regulations herein specifically authorized.
(b) The following persons may be exempted by the board, by ordinance, from the civil service:
()) Persons employed to render professional, scientific, technical, or expert service of a temporary or exceptional character.
(2) Persons employed on the construction of district works, improvements, buildings, or structures.
(3) Persons receiving a salary not exceeding fifty dollars ($50) per month.

Any exemption made pursuant to this subdivision may be terminated at any time by resolution of the board. (Amended by Stats. 1965, c. 349; Stats. 1996, c. 480)

USE OF SERVICES OF CIVIL SERVICE COMMISSION OFFICE OF SAN DIEGO COUNTY.

Nothing herein contained shall prevent the board from contracting with the County of San Diego to utilize the services of its civil service commission office or department to effectuate the purposes hereof.

TIME FOR PAYING WAGES OR SALARIES.

The salaries or wages of all officers and employees of the district shall be paid at such regular periods as the board by ordinance may determine. (Amended by Stats. 1963, C. 673)

DELIVERY OF PROPERTY OF COUNTY ANO CITIES TO DISTRICT
OFFICERS.

Such persons shall severally forthwith deliver and turn over to the proper officers of the district, all property of the county and each city in their hands or under their control including any and all works, structures, appliances, improvements and equipment of the character. kinds or classes enumerated or designated in this act and pertaining to harbor improvements or affairs.

PROVISIONS OF ACT TO CONTROL OVER INCONSISTENT
PROVISIONS OF FREEHOLDERS' CHARTER.

The provisions of this act shall apply to any municipal corporation which is governed under a freeholders· charter even if such provisions are inconsistent with the charter or its amendments, it being hereby declared that such provisions are a matter of statewide concern and are to prevail over any inconsistent provisions in any such charter. If the district is dissolved by operation of law or otherwise, any such works, structures. appliances, improvements and equipment are vested in such municipal corporation, together with any other works, structures, appliances, improvements and equipment acquired or constructed by the district in that portion of the district within the limits of each such municipal corporation respectively. 42 70987 43

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§ 80.
§ 81.
§ 82.
§ 83.
§ 84.

DEPOSIT OF MONEYS RECEIVED FROM HARBOR FACILITIES OR
UTILITIES IN DISTRICT REVENUE FUND; APPROPRIATIONS.

All money received or collected from or arising out of the use or operation of any harbor or port improvement, work, appliance, facility or utility, or vessel, owned, controlled or operated by the district; all tol1s, charges and rentals collected by the board, and all compensation, or fees required to be paid for franchises or licenses, or otherwise by law or ordinance or order, to the district for the operation of any public service utility upon lands or waters under the control and management of the board, shall be deposited in the treasury of the district to the credit of the San Diego Unified Port District Revenue Fund. The money in or belonging to the fund shall not be appropriated or used for any purpose except those enumerated in this act and any enumeration shall not be deemed to create any priority of one use or purpose over another. (Amended by Stats. 1963, c. 673; Stats. 1996, c. 399) USE OF FUND FOR EXPENSES OF CONDUCTING DISTRICT.

The fund may be used for the necessary expenses of conducting the district, including the operation and maintenance of all harbor or port improvements, works, utilities, appliances, facilities and vessels owned, controlled or operated by the district for the promotion and accommodation of commerce, navigation, fisheries, and recreation, or used in c01mection therewith, and for the purposes set forth in any grants in trust.

USE OF FUND FOR ADVERTISING COMMERCIAL ADVANTAGES AND
FACILITIES.

The money in the fund also may be used for advertising the commercial and other advantages and facilities of any harbor in the district, for encouraging and promoting commerce, navigation, and transportation in and through that harbor. and for encouraging and promoting the region's commercial airport. (Amended by Stats. 1996, C. 480)

USE OF FUND FOR ACQUISITION AND MAINTENANCE OF
IMPROVEMENTS, WORKS AND FACILITIES, ETC.

The money in the fund may also be used for the acquisition, construction, completion and maintenance of harbor and port improvements, works, utilities, appliances, facilities. and vessels, for the promotion and accommodation of commerce, navigation and fisheries, and recreation, or uses in connection therewith; and for extraordinary improvements and betterments to lands and property under the control, supervision and management of the district, including the purchase or condemnation of necessary lands and other property and property rights.

USE OF FUND FOR BOND AND INTEREST PAYMENTS AND FOR
ESTABLISHMENT OF FUNDS TO SECURE SUCH PAYMENTS.

The money in the fund may also be used for the payment of the principal, or interest, or both, of district bonds authorized, issued and sold pursuant to this act and for the establislm1ent and maintenance of bond service funds, sinking funds, reserve funds or other funds or accounts established to secure the payment of principal of, interest on, or redemption of or for the security of such bonds. (Amended by Stats. l 963, c. 673)
43 70987 44

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§ 85.
§ 86.
§ 87.

USE OF FUND FOR PAYMENT OF PRINCIPAL AND INTEREST OF
OUTSTANDING MUNICIPAL BONDS FOR HARBOR IMPROVEMENTS.

The money in the fund may also be used for the payment of the principal or interest, or both, of the bonds of the county or any city in the district, for harbor improvements, authorized or outstanding prior to the establishment of the district, or thereafter issued and sold by such county or city for harbor improvements pursuant to this act.

TRANSFER OF AMOUNTS BETWEEN BUDGET ITEMS AND BETWEEN
BOND FUNDS.

The executive director may make application in writing to the board for a transfer of amounts from one appropriated item to another in the budget allowance. On the approval of the board by a two-thirds vote, the auditor shall make the transfer, but a transfer shall not be made except as herein provided. Any transfer of bond or note proceeds or of bond or note service, reserve, or sinking funds shall be made only as provided in the proceedings authorizing the issuance of those bonds. (Amended by Stats. 1963, c. 673; Stats. 1996, c. 399)

PURPOSES FOR USE OF TIDE AND SUBMERGED LANDS HELD IN
TRUST BY DISTRICT.
(a) The tide and submerged lands conveyed to the district by any city included in the district shall be held by the district and its successors in trust and may be used for purposes in which there is a general statewide purpose, as follows:
(1) For the establishment. improvement, and conduct of a harbor, and for the construction, reconstruction, repair, maintenance, and operation of wharves, docks, piers, slips, quays, and all other works, buildings, facilities, utilities, structures, and appliances incidental, necessary, or convenient, for the promotion and accommodation of commerce and navigation.
(2) For all commercial and industrial uses and purposes, and the construction, reconstruction. repair, and maintenance of commercial and industrial buildings, plants, and facilities.
(3) For the establishment, improvement. and conduct of airport and heliport or aviation facilities, including, but not limited to, approach. takeoff, and clear zones in connection with airport runways, and for the construction. reconstruction, repair, maintenance, and operation of terminal buildings. runways, roadways, aprons. taxiways, parking areas, and all other works, buildings, facilities, utilities, structures, and appliances incidental, necessary, or convenient for the promotion and accommodation of air commerce and air navigation.
(4) For the construction, reconstruction, repair, and maintenance of highways. streets, roadways, bridges, belt line railroads, parking facilities, power, telephone, telegraph or cable lines or landings, water and gas pipelines, and all other transportation and utility facilities or 44 70987 45

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betterments incidental, necessary, or convenient for the promotion and accommodation of any of the uses set forth in this section. (5) For the construction, reconstruction, repair, maintenance, and operation of public buildings, public assembly and meeting places, convention centers, parks, playgrounds, bathhouses and batlling facilities, recreation and fishing piers, public recreation facilities, including, but not limited to, public golf courses, and for all works, buildings, facilities, utilities, structures, and appliances incidental, necessary, or convenient for the promotion and accommodation of any of those uses.
(6) For the establishment, improvement, and conduct of small boat harbors, marinas, aquatic playgrounds, and similar recreational facilities, and for the construction, reconstruction, repair, maintenance, and operation of all works, buildings, facilities. utilities, structures, and appliances incidental. necessary, or convenient for the promotion and accommodation of any of those uses, including, but not limited to, snack bars, cafes, restaurants, motels, launching ramps, and hoists, storage sheds, boat repair facilities with cranes and marine ways, administration buildings, public restrooms, bait and tackle shops, chandleries, boat sales establishments, service stations and fuel docks, yacht club buildings, parking areas, roadways, pedestrian ways, and landscaped areas.
(7) For the establishment and maintenance of those lands for open space, ecological preservation, and habitat restoration.
(b) The dist1ict or its successors shall not. at any tin1e, grant, convey, give, or alienate those lands, or any part thereof, to any individual, firm, or corporation for any purposes whatever. However, the district, or its successors, may grant franchises thereon for limited periods, not exceeding 66 years, for wharves and other public uses and purposes, and may lease those lands, or any part thereof, for limited periods, not exceeding 66 years, for purposes consistent with the trusts upon which those lands are held by the State of California, and with the requirements of commerce and navigation, and collect and retain rents and other revenues from those leases, franchises, and privileges. Those lease or leases. franchises, and privileges may be for any and all purposes that do not interfere with commerce and navigation.
(c) Those lands shall be improved without expense to the state. However, nothing in this section shall preclude expenditures for the development of those lands for any public purpose not inconsistent with commerce, navigation, and fishery, by the state or any board, agency, or commission thereof, when authorized or approved by the district, or preclude expenditures by the district of any funds received for that purpose from the state or any board, agency, or commission thereof.
(d) In the management, conduct, operation, and control of those lands or any improvements, betterments, or structures thereon, the district or its successors 45 70987 46

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shall make no discrimination in rates, tolls, or charges for any use or service in connection therewith.
(e) The State of California shall have the right to use without charge any transportation, landing or storage improvements, betterments, or strnctures constructed upon those lands for any vessel or other watercraft, aircraft, or railroad owned or operated by the State of California.
(f) There is hereby reserved to the people of the State of California the right to fish in the waters on those lands with the right of convenient access to that water over those lands for that purpose.
(g) There is hereby excepted and reserved in the State of California all deposits of minerals, including oil and gas. in those lands, and to the State of California, or persons authorized by the State of California, the right to prospect for, mine, and remove deposits from those lands.
(h) Those lands shall be held subject to the express reservation and condition that the state may at any time in the future use those lands or any portion for highway purposes without compensation to the district, its successors or assigns, or any person, finn, or public or private corporation claiming under it, except that in the event improvements, bette1ments. or structures have been placed upon the property taken by the state for those purposes, compensation shall be made to the district, its successors, or assigns, or any person, firm. or public or private corporation entitled thereto for the value of his or her or its interest in the improvements, betterments, or structures taken or the damages to that interest.
(i) The State Lands Commission, at the cost of the district, shall survey and monument those lands and record a description and plat thereof in the office of the County Recorder of San Diego County.
(j) As to any tide and submerged lands conveyed to the district by a city that are subject to a condition contained in a grant of those lands to the city by the state that those lands shall be substantially improved within a designated period or else they shall revert to the state, that condition shall remain in effect as to those lands and shall be applicable to the district.

As to any tide and submerged lands conveyed to the district by a city that are not subject to this condition contained in a grant by the state and that have not heretofore been substantially improved, those lands, within 10 years from July 12, 1962, shall be substantially improved by the district without expense to the state. If the State Lands Commission determines that the district has failed to improve the lands as herein required, all right, title, and interest of the district in and to those lands shalJ cease and the lands shall revert and rest in the state. (Amended by Stats. 1963. c. 673; Stats. I 996, c. 399: Stats. 2006, c. 538) 46 70987 47

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§ 88. PARTIAL INVALIDITY.

If any section, subdivision, sentence, clause, or phrase of this act, or the application thereof to any person or circumstances, is for any reason held invalid, the validity of the remainder of the act, or the application of such provision to other persons or circumstances, shall not be affected thereby. The Legislature hereby declares that it would have passed this act, and each section, subdivision, sentence, clause, and phrase thereof, irrespective of the fact that one or more sections, subdivisions, sentences, clauses or phrases, or the application thereof to any person or circumstance, be held invalid. (Added by Stats. 1963, c. 673) 47 70987 48

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AGENDA REPORT
Department: Engineering & Public Works
Prepared by: Stephen Manganiello, Director of Public Works/City Engineer Meeting Date: Tuesday, November 19, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:

Establishing American Rescue Plan Act (ARPA) Appropriations for Capital Projects RECOMMENDATION:

Not Applicable.

EXPLANATION:

In March 2021, a $1.9 trillion economic stimulus bill titled the American Rescue Plan Act of 2021 (ARPA) was enacted by the federal government. Of the $1.9 trillion, $350 billion was allocated for state, local, territorial, and Tribal governments to respond to the COVID-19 emergency and promote economic growth. The Federal Government refers to this portion of the stimulus bill as the Coronavirus State and Local Fiscal Recovery Funds. Of the $350 billion, the City of National City received $18,010,907.

The U.S. Treasury issued an Interim Final Rule with guidance on eligible uses for the funds in May 2021. In January 2022, the U.S. Treasury released a Final Rule, which confirmed the following four funding objectives of the State and Local Fiscal Recovery Funds:

1. Support urgent COVID-19 response efforts to continue to decrease spread of the virus and bring the pandemic under control.

2. Replace lost public sector revenue to provide government services to the extent of the reduction in revenue experienced due to the pandemic.

3. Respond to the negative economic impacts of the pandemic, including assistance to households, small businesses, and non-profits, and aid to impacted industries.

4. Address systemic public health and economic challenges that have contributed to the unequal impact of the pandemic on certain populations.

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In addition, the Final Rule confirmed National City’s ability to take a standard allowance of $10M in the revenue loss category without needing to prove specific revenue loss based on the calculation methodology previously defined by Treasury.

The City Council ultimately decided to designate $6,060,000 of the $18M ARPA allocation as a revenue offset to General Fund expenditures spread over a three-year period.

Of significant importance is that ARPA funds must be obligated (through contract awards and/or other transactions) by December 31, 2024. Funds must be spent by December 31, 2026.

At the City Council Meeting held on April 16, 2024, staff provide a report and presentation on the history and status of National City’s ARPA Fund. Topics included community outreach and priorities, use of fund balance, and options to obligate and spend remaining fund balance prior to the respective deadlines. Improvements to Kimball Park Ballfield Lighting, Las Palmas Pool support facilities, and new restrooms at Las Palmas Park were identified as high priority needs through community outreach workshops and surveys, which had not yet been addressed through capital projects. At the end of the presentation, staff presented a spending plan that included use of remaining ARPA fund balance to improve these facilities. City Council supported staff’s recommendations and directed staff to move forward with final design.

The following request to establish ARPA Fund appropriations for the remaining fund balance of $5,374,444 will provide the necessary funding to award a series of construction contracts that are included as companion items on the City Council Meeting agenda for November 19, 2024:
1) Kimball Park Lighting – $228,800;
2) Las Palmas Park Improvements – $2,902,002;
3) El Toyon Park Improvements – $822,762;
4) Police Department Facility Upgrades – $1,420,880.

It is important to note, that while use of ARPA fund balance was not previously contemplated for El Toyon Park Improvements and Police Department Facility Upgrades, these are both high priority projects that will improve quality of life and safety for the community. In the case of El Toyon Park Improvements, ARPA funds will help fill a funding gap for construction. Conversely, the Police Department Facility Upgrades project, which will complete comprehensive electrical upgrades to support installation of a new standby generator system and other critical equipment, was slated to be funded by the General Fund. By establishing ARPA fund appropriations for this project, the funds can be obligated by the December 31, 2024 deadline. In addition, the savings to the General Fund for capital projects can then be applied to the cost of potential construction change orders / contingency work, construction management, and inspection services for the remaining ARPA projects. This is key, since any potential change order work on the remaining ARPA projects would not occur until after the ARPA funding obligation deadline.

FINANCIAL STATEMENT:

All unencumbered appropriations and unspent balances for previously budgeted ARPA funded projects will be canceled and new appropriations will be established based on the revised spending plan. A portion of the unspent balances includes $95,435 that will be returned to the ARPA fund from the Vehicle Acquisition fund as a result of a lower than anticipated cost for vehicular equipment for the homeless outreach team. The new appropriations will be established in the following ARPA fund capital project expenditure accounts:
117-10-18-18500-7598-1176117 (Kimball Park Lighting) – $228,800 117-10-18-18500-7598-1171117 (Las Palmas Park Improvements) – $2,902,002 117-10-18-18500-7598-1177117 (El Toyon Park Improvements) – $822,762

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117-10-18-18500-7598-1178117 (Police Department Facility Upgrades) – $1,420,880 Transfer from the Vehicle Acquisition Fund to the ARPA Fund:
644-10-19-19100-8999 Transfer Out – Vehicle Acquisition Fund 117-10-19-19100-3999 Transfer In - ARPA Fund
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Parks, Recreation and Library
Public Safety
ENVIRONMENTAL REVIEW:

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

PUBLIC NOTIFICATION:

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

ORDINANCE:

Not Applicable
EXHIBITS:

Exhibit A - Resolution

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RESOLUTION NO. 2024 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1) AUTHORIZING THE ESTABLISHMENT OF AMERICAN RESCUE PLAN ACT FUND APPROPRIATIONS FOR THE FOLLOWING CAPITAL PROJECTS: A) KIMBALL PARK LIGHTING IN THE AMOUNT OF $228,800; B) LAS PALMAS PARK IMPROVEMENTS IN THE AMOUNT OF $2,902,002; C) EL TOYON PARK IMPROVEMENTS IN THE AMOUNT OF $822,762; AND D) POLICE DEPARTMENT FACILITY UPGRADES IN THE AMOUNT OF $1,420,880; AND 2) AUTHORIZING THE ESTABLISHMENT OF APPROPRIATIONS IN THE AMOUNT OF $95,435 IN THE VEHICLE ACQUISITION FUND FOR TRANSFER TO THE AMERICAN RESCUE PLAN ACT FUND.

WHEREAS, in March 2021, a $1.9 trillion economic stimulus bill titled the American Rescue Plan Act of 2021 (“ARPA”) was enacted by the federal government, of which $350 billion (referred to as Coronavirus State and Local Fiscal Recovery Funds by the federal government) was allocated for state, local, territorial, and Tribal governments to respond to the COVID-19 emergency and promote economic growth; and
WHEREAS, the City of National City (“City”) received $18,010,907 of the $350 billion Coronavirus State and Local Fiscal Recovery Funds; and
WHEREAS, ARPA funds must be obligated (through contract awards and/or other transactions) by December 31, 2024, and funds must be spent by December 31, 2026; and WHEREAS, at the City Council meeting on April 16, 2024, staff provide a report and presentation on the history and status of the City’s ARPA fund, with topics including community outreach and priorities, use of fund balance, and options to obligate and spend remaining fund balance prior to the respective deadlines; and
WHEREAS, improvements to Kimball Park ballfield lighting, Las Palmas Pool support facilities, and new restrooms at Las Palmas Park were identified as high priority needs through community outreach workshops and surveys, which had not yet been addressed through capital projects; and
WHEREAS, the City Council supported staff’s recommendations for prioritizing use of ARPA fund balance, and directed staff to move forward with final design for the identified projects; and
WHEREAS, establishing ARPA fund appropriations for the remaining ARPA fund balance of $5,374,444 will provide the necessary funding to award a series of construction contracts that are included as companion items on the City Council meeting agenda for November 19, 2024, which will deliver the following capital projects: 1) Kimball Park Lighting; 2) Las Palmas Park Improvements; 3) El Toyon Park Improvements; and 4) Police Department Facility Upgrades; and WHEREAS, a portion of the unspent balance includes $95,435 that will be returned to the ARPA fund from to the Vehicle Acquisition fund as a result of a lower than anticipated cost for vehicular equipment for the homeless outreach team; and

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WHEREAS, should the City Council pass resolutions awarding construction contracts for the aforementioned projects, the City’s remaining ARPA fund balance would be fully obligated in advance of the December 31, 2024 deadline.

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 American Rescue Plan Act fund appropriations for the following capital projects: A) Kimball Park Lighting in the amount of $228,800; B) Las Palmas Park Improvements in the amount of $2,902,002; C) El Toyon Park Improvements in the amount of $822,762; and D) Police Department Facility Upgrades in the amount of $1,420,880.

Section 2: That the City Council hereby authorizes the establishment of appropriations in the amount of $95,435 in the Vehicle Acquisition Fund for transfer to the American Rescue Plan Act fund.

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 19th day of November, 2024.

Ron Morrison, Mayor
ATTEST:

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

Barry J. Schultz, City Attorney

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AGENDA REPORT
Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC, City Clerk
Meeting Date: Tuesday, November 19, 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 October 15, 2024
Regular City Council Meeting of October 15, 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 October 15, 2024 – Meeting Minutes Exhibit B – Regular City Council Meeting of October 15, 2024 – Meeting Minutes

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SPECIAL MEETING MINUTES OF THE CITY COUNCIL
October 15, 2024, 4:00 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
Alex Hernandez, Chief of Police
Tonya Hussain, Deputy City Clerk
____________________________________________________________________________

1. CALL TO ORDER
A Special Meeting of the City Council of the City of National City was called to order at 4:03 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

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

4. PUBLIC COMMENT (Public Comment will be restricted to Agenda Items Only) One public comment was received from Dukie Valderrama.

5. CLOSED SESSION
Members retired into Closed Session at 4:13 p.m. with all members present in attendance:

Bush, Molina, Rodriguez, Yamane, Morrison, Martinez, and Schultz.

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1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957.6
Position to be Reviewed: City Manager
Item discussed out of order.

3. CONFERENCE WITH REAL PROPERTY NEGOTIATIONS
Government Code Section 54956.9
Property: Block Bounded by west 23rd St., Bay Marina Dr., & Cleveland Ave.

APN Nos.: 559-117-04,050607 and 12; and 559-118-02|
Agency Negotiation: City of National City
Negotiation Parties: City Manager Martinez, City Attorney Schultz Under Negotiation: Instruction to Negotiators
Devaney Pate Morris & Cameron Partner Ralph Hicks entered Closed Session.

2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Government Code Section 54956.9 (d) (1)
Name of Case: Roberto Umana v City of National City. et al.

U.S .District Court
Case Number: 3:22-cv-01657-GPC-AGS
Chief of Police Alex Hernandez entered Closed Session.

All members returned to the open session at 6:03 p.m. with all members present in attendance: Bush, Molina, Rodriguez, Yamane, Morrison, Martinez, Schultz, and Hernandez.

Announcement of actions taken in Closed Session shall be made at the Regular City Council Meeting following the Regular City Council meeting at 6:00 p.m.

6. ADJOURNMENT
Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, Tuesday, October 15, 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 6:04 p.m.

___________________________
Tonya Hussain, Deputy City Clerk
The foregoing minutes were approved at the Regular Meeting of November 19, 2024.

__________________________
Ron Morrison, Mayor

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REGULAR MEETING MINUTES OF THE CITY COUNCIL
October 15, 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: Ben Martinez, City Manager
Barry J. Schultz, City Attorney
Shelley Chapel, City Clerk
Martin Reeder, Assistant Director of Community Development Bruce Foltz, Finance Director
Brian Hadley, Deputy City Manager
Alex Hernandez, Chief of Police
Tonya Hussain, Deputy City Clerk
Steve Manganiello, Director of Engineering
Nancy Nagle, NCPD Training Coordinator
James Stiles, NCFD Fire Captain
_____________________________________________________________________

1. CALL TO ORDER
A Regular Meeting of the City Council of the City of National City was called to order at 6:12 p.m. via teleconference and in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

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

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

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4. INVOCATION
None.

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.

In-person comment: Virtual Comment:

Alicia Sanchez Peggy Walker
Margarita Moreno Becky Rapp
Irma Hernandez Judi Strang
Mauraulua Sanchez Sunny Mangiameli
Margarita Morales Megan Stuart
Ed Nieto
Ted Godshalk
Bradley Bang
Paul Wapnowski
Vivian Wapnowski
Brian Clapper
Maeva Nieva
Geoffrey Schrock
A handout was provided to the City Council my public speaker Ed Nieto.

Councilmember Bush left the dais at 6:35 p.m. and returned at 6:40 p.m.

6. PROCLAMATIONS AND RECOGNITION

6.1 Employee of the Quarter
Police Chief Hernandez introduced Employee of the Quarter NCPD Training Coordinator Nancy Nagle.

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

7.1 Annual Report to Council - Planning Commission
Planning Commissioner Chair Richard Miller provided a PowerPoint presentation.

8. REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes each)
Councilmember Rodriguez had no report.

Councilmember Bush had no report.

Councilmember Molina provided an update on SANDAG.

Vice-Mayor Yamane provided an update on the Sweetwater Authority meeting.

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Mayor Morrison reported on the SANDAG ITOC (Independent Taxpayer Oversight Committee) Selection Committee Meeting.

Port of San Diego Commissioner Ungab had no report.

9. CONSENT CALENDAR
ACTION: Motion by Vice-Mayor Yamane seconded by Councilmember Rodriguez to approve the consent calendar with the exception of Items 9.2, 9.5, 9.6, 9.7, 9.14, 9.16,

9.18, 9.19, and 9.20. Councilmember Bush recused on Item 9.18 due to the proximity of the project to his residence.

Motion carried by unanimous vote with Councilmember Bush recusing on Item 9.18.

9.1 Approval of Reading by Title Only and Waiver of Reading in Full of Ordinance on this Agenda
Item pulled for discussion.

9.2 Amending City Council Policy Nos. 101, 104, 106, 107, and 121.

Adopted Resolution No. 2024-117.

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Amending City Council Policy Nos. 101, 104, 106, 107, and 121.” Public Comment received from Ted Godshalk.

ACTION: Motion by Councilmember Bush, seconded by Vice-Mayor Yamane to revise Policy 104 (C) to allow Zoom registration for public comment up to one-hour prior to the start of the City Council meeting.

Ayes: Bush, Rodriguez, Yamane
Nays: Molina, Morrison
Motion carried by 3-2 vote.

ACTION: Motion by Councilmember Molina, seconded by Bush to approve the suggested changes to Policy 121 and for the City Attorney to add a sentence to allow retroactive approval for travel to conferences and training. In addition, to include a clause regarding appropriate use of travel funds for legislative reasons, per the legislative platform of the City, so long as the City Council has taken a position on that specific legislation, the travel would be allowed.

Amended Motion by Councilmember Bush, seconded by Councilmember Molina to revise language to Policy 121, Section B, paragraph four to read, “All consulting contracts shall be reviewed and approved by the City Council” and to remove the last sentence that reads, “For contracts below $50,000, the City Manager has the discretion as to whether City Council approval is required.”

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Motion carried by unanimous vote.

ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Molina to approve the revisions.

Motion carried by unanimous vote.

9.3 Approval of City Council Meeting Minutes.

Approve and File.

Motion carried by unanimous vote.

9.4 Approving Proposed Amendments to the Planning Commission Bylaws.

Adopted Resolution No. 2024-118.

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Approving Proposed Amendments to the Planning Commission Bylaws.”
Motion carried by unanimous vote.

Item pulled for discussion.

9.5 Authorize the purchase of a Light-Structure System from Musco Sports Lighting, LLC for the Kimball Park Ballfields.

Adopted Resolution No. 2024-119.

Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, 1) Waiving the Formal Bid Process Pursuant to National City Municipal Code Section 2.60.260 Regarding Cooperative Purchasing and Authorizing the City to Piggyback onto Sourcewell Contract # 041123-MSL with Musco Sports Lighting, LLC, for the Purchase of a Light-Structure System in a Notto-Exceed Amount of $292,350 for the Kimball Park Ballfields; and 2) Authorizing the Establishment of an Appropriation of $292,350 in the American Rescue Plan Act fund for the Kimball Park Ballfield Lighting Project.” ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Rodriguez to adopt the resolution.

Motion carried by unanimous vote.

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Item pulled for discussion.

9.6 Authorize the Purchase of Six (6) Ford Police Utility Interceptors for the National City Police Department
Adopted Resolution No. 2024-120.

Public comment received from Thomas Rike.

Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, 1) Waiving the Formal Bid Process Pursuant to National City Municipal Code Section 2.60.260 Regarding Cooperative Purchasing and Authorizing the City to Piggyback onto County of San Diego Contract # 570454 with Kearny Mesa Ford for the Purchase Six 2025 Ford Police Utility B/W AWD Interceptors in a Not-to-Exceed Amount of $323,000 for the National City Police Department; and 2) Authorizing the City Manager to Approve Adjustments of up to $32,300 to the Not-to-Exceed Amount for the Purchase as a 10% Contingency for Unforeseen Fluctuations in Pricing.”
ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Rodriguez to adopt the resolution.

Motion carried by unanimous vote.

Councilmember Molina left the dais at 7:44 p.m. and returned at 7:46 p.m.

Item pulled for discussion.

9.7 Awarding a Contract to Aster Construction Services for the Central Community Mobility Enhancements Project, CIP No. 19-23.

Adopted Resolution No. 2024-121.

Engineering Director Steve Manganiello answered questions posed by the City Council.

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Awarding a Contract to Aster Construction Services in the Notto-Exceed Amount of $1,915,050 for the Central Community Mobility Enhancements Project, CIP No. 19-23; 2) Authorizing a 15% Contingency in the Amount of $287,257.50 for any Unforeseen Changes; and 3) Authorizing the Mayor to Execute the Contract.”
ACTION: Motion by Councilmember Bush, seconded by Councilmember Rodriguez to adopt the resolution.

Ayes: Bush, Molina, Rodriguez, Yamane
Nays: Morrison
Motion carried by 4-1 vote.

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9.8 Bayshore Bikeway - Segment 5 project, CIP 22-33, ATP Cycle 4, Grant Appropriation for Construction (CON) Phase.

Adopted Resolution No. 2024-122.

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Authorizing the Mayor to Execute Program Supplement Agreement No. F030 with the State of California Department of Transportation for the Bayshore Bikeway - Segment 5 project, CIP 22-33, ATP Cycle 4; 2) Authorizing the Establishment of an Engineering Grants Fund Appropriation of $5,421,000 and Corresponding Revenue Budget; and 3) Committing to Providing a Local Match of $710,000.”
Motion carried by unanimous vote.

9.9 California Library Adult and Family Literacy Services Grant Funds Acceptance Adopted Resolution No. 2024-123.

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the City Manager or his Designee to Accept the California Library Literacy Services (CLLS) grant of $63,375 from the California State Library to Fund the National City Public Library’s Literacy Services Programs for FY2025 and Authorizing the Establishment of a Library Grants Fund Appropriation of $63,375 and Corresponding Revenue Budget.” Motion carried by unanimous vote.

9.10 Enterprise Storage System Lifecycle Replacement
Adopted Resolution No. 2024-124.

Adopt a Resolution Entitled: “Resolution of the City Council of the City of National City, California, Waiving the Bid Process by Utilizing Pricing and Contracts, Amendments, and Extensions from the National Intergovernmental Purchasing Alliance (NIPA) Technical Solutions Contract # 2018011 with CDWG LLC to Purchase Enterprise Storage System (ESS) Hardware, Software, and Related Services for an Amount Not-to-Exceed $314,101.94 Pursuant to National City Municipal Code Section 2.60.260.”
Motion carried by unanimous vote.

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9.11 First Amendment to the Agreement with Neri Landscape Architecture for On-Call Consulting Services for the City’s Capital Improvement Program (CIP) Adopted Resolution No. 2024-125.

Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute a First Amendment to the Agreement with Neri Landscape Architecture to Extend the Agreement by OneYear to September 6, 2025.” Motion carried by unanimous vote.

9.12 First Amendment to the Housing Consultant Agreement with Keyser Marston Associates, Inc.

Adopted Resolution No. 2024-94.

Adopt the Resolution Entitled, "Resolution of the Board of the Community Development Commission-Housing Authority of the City of National City, California, Authorizing the Executive Director to Execute the First Amendment to the Consultant Agreement with Keyser Marston Associates, Inc. to Increase the Not-To-Exceed to $455,000, and Authorize the Establishment of an Appropriation in the Amount of $425,000 in the Housing Authority Fund with a Corresponding Revenue Budget Based on Housing Acceleration Program (“HAP”) 2.0 Grant Funds.”
Motion carried by unanimous vote.

9.13 Kimball Highland Project Public Access Easement for Pedestrian and Vehicular Access
Adopted Resolution No. 2024-126.

Adopt the Resolution Entitled, "Resolution of the City Council of the City of National City, California, Authorizing the City Manager to Execute a Public Access Easement for Pedestrian and Vehicular Access Agreement by and Between the City of National City, D Avenue Housing Associates, L.P., and Kimball Tower Housing Associates L.P.”
Motion carried by unanimous vote.

Councilmember Bush left the dais at 7:53 p.m. and returned at 7:52 p.m.

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Item pulled for discussion.

9.14 Kimball Senior Center Lease with D Avenue Housing Associates, L.P.

Adopted Resolution No. 2024-127.

Adopt the Resolution Entitled, "Resolution of the City of National City, California, Authorizing the City Manager to Execute a Commercial Lease By and Between the City of National City (“Tenant”) and D Avenue Housing Associates, a California Limited Partnership (“Landlord”) for the Kimball Senior Center Facility for 65 Years at a Rent Equal to $1.00 Per Year.”
ACTION: Motion by Councilmember Yamane, seconded by Councilmember Molina to adopt the resolution.

Ayes: Molina, Rodriguez, Yamane, Morrison

Absent: Bush
Motion carried by 4-0 vote.

9.15 Notice of Decision – Planning Commission approval of a Conditional Use Permit (CUP) for beer and wine sales at an existing restaurant (La Malcriada Birrieria) located at 1604 E. 18th Street, Suites A & B.

Staff Recommends Approval of the Sale of On-Site Beer and Wine, Subject to the Recommended Conditions in Planning Commission Resolution No. 2024-15, and a Determination that the Project is Exempt from CEQA. The Sale of Alcohol is a Conditionally-Allowed Use in Minor Mixed-Use Corridor Zone and Would be Accessory to Food Sales in the Restaurant.

Motion carried by unanimous vote.

Item pulled for discussion.

9.16 Notice of Decision – Planning Commission Approval of a Conditional Use Permit (CUP) for the Addition of Distilled Spirits to an Existing Beer and Wine License at Manolo Farmers Market Located at 303 Highland Avenue.

Staff Recommends Approval of the Addition of Distilled Spirits to the Existing Sale of Off-Sale Beer and Wine, Subject to the Recommended Conditions in the Attached Planning Commission Resolution No. 2024-14, and a Determination that the Project is Exempt from CEQA. The Sale of Alcohol is a Conditionally-Allowed Use in the Minor Mixed-Use Corridor (MXC-1) Zone and Would Continue to be Accessory to the Retail Sales at the Existing Grocery Store.

ACTION: Motion by Councilmember Bush, seconded by Councilmember Molina for the item to return to a meeting of the City Council for a Public Hearing.

Motion carried by unanimous vote.

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9.17 Notice of Decision – Planning Commission Approval of a Tentative Parcel Map (TPM) Dividing One Lot into Two with a Zone Variance (ZV) to Deviate from Setback Requirements on a Property Located at 1441 East 7th Street.

Staff Recommends Approval of the Tentative Parcel Map and Zone Variance, Subject to the Recommended Conditions in Planning Commission Resolution No. 2024-16, and a Determination that the Project is Exempt from CEQA.

Motion carried by unanimous vote.

Item pulled for discussion.

9.18 Service Agreement with County of San Diego for Euclid Avenue Roadway Resurfacing
Councilmember Bush recused and left the dais at 7:57 p.m. and returned at 7:58 p.m.

Adopted Resolution No. 2024-128.

Adopt a Resolution entitled, “Resolution of the City Council of the City National City, California, Authorizing the Mayor to Execute a Service Agreement with the County of San Diego for Roadway Resurfacing of Euclid Avenue Between Sweetwater Road and 24th Street in the Amount of $112,960.42.” ACTION: Motion by Councilmember Rodriguez, seconded by Vice-Mayor Yamane to adopt the resolution.

Ayes: Molina, Rodriguez, Yamane, Morrison
Recused: Bush
Motion carried by 4-0 vote.

Item pulled for discussion.

9.19 Warrant Register #9 for the period of 8/23/24 through 8/29/24 in the amount of $1,002,939.26
Public comment was received from Ted Godshalk, Ed Nieto, and Thomas Rike.

Ratify Warrants Totaling $1,002,939.26
ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Rodriguez to ratify Warrant Register #9.

Motion carried by unanimous vote.

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Item pulled for discussion.

9.20 Warrant Register #10 for the period of 8/30/24 through 9/05/24 in the amount of $4,637,113.79
Public comment received from Thomas Rike.

Ratify Warrants Totaling $4,637,113.79
ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Rodriguez to ratify Warrant Register #10.

Motion carried by unanimous vote.

10. PUBLIC HEARING

10.1 Amendment of Chapter 18.29 of the National City Municipal Code to Add Regulations for the Mixed-Use Overlay Zone.

Assistant Director of Community Development Martin Reeder provided a PowerPoint presentation.

Mayor Morrison declared the Public Hearing open at 8:18 p.m.

Recommendation: Introduce the Ordinance.

ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Rodriguez to close the public hearing.

Motion carried by unanimous vote.

Public Hearing closed at 8:18 p.m. .

ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Bush to introduce the Ordinance.

Motion carried by unanimous vote.

11. CITY MANAGER’S REPORT
No report.

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

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13. CITY ATTORNEY REPORT
Mayor Morrison introduced City Attorney Schultz who announced the following on all three Closed Session agenda items:

1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957.6
Position to be Reviewed: City Manager
ACTION: Council established and initiated the evaluation process.

Item heard out of order.

3. CONFERENCE WITH REAL PROPERTY NEGOTIATIONS
Government Code Section 54956.9
Property: Block Bounded by west 23rd St., Bay Marina Dr., & Cleveland Ave.

APN Nos.: 559-117-04,050607 and 12; and 559-118-02|
Agency Negotiation: City of National City
Negotiation Parties: City Manager Martinez, City Attorney Schultz Under Negotiation: Instruction to Negotiators
ACTION: Provided instruction to staff to engage in negotiations with the taxing entities on a Compensation Agreement in accordance with the requirements of redevelopment law.

2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Government Code Section 54956.9 (d) (1)
Name of Case: Roberto Umana v City of National City. et al.

U.S .District Court
Case Number: 3:22-cv-01657-GPC-AGS
Nothing to report.

14. ADJOURNMENT
Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, Tuesday, November 19, 2024, 6:00 p.m. in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

The meeting adjourned at 8:24 p.m.
_________________________
Tonya Hussain, Deputy City Clerk
The foregoing minutes were approved at the Regular Meeting of November 19, 2024. __________________________
Ron Morrison, Mayor

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AGENDA REPORT
Department: Engineering and Public Works
Prepared by: Luca Zappiello, Associate Engineer - Civil Meeting Date: Tuesday, November 19, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:

Acceptance of an Easement for Channel Construction and Maintenance Along the North Side of Paradise Creek, Located North of Paradise Valley Road and East of Plaza Blvd RECOMMENDATION:

Not Applicable.

EXPLANATION:

The Paradise Creek Water Quality and Community Enhancement Project Phase II (CIP 19-11) (Project) is a grant-funded project currently under construction. The City Council awarded the contract under Resolution No. 2023-101 on August 1, 2023, and the project is expected to be completed by early 2025. The Project's primary purpose is to improve the creek's drainage by upsizing the culvert and widening the creek to better manage a 100-year storm event.

Additionally, the project includes installation of concrete driveways, an access road for channel maintenance, and the replacement of pedestrian curb ramps for ADA compliance.

Early in the construction phase, staff discovered that there is a right-of-way constraint along the north side of the channel in the eastern-most Project area, parallel to Paradise Valley Road. The existing easement that runs along the bottom of the creek in this area does not include the northern bank, which restricts the City from constructing the proposed Project improvements (see Exhibit B). This means that widening the channel would encroach upon adjacent private property.

To avoid impacting private property, staff evaluated alternative construction options such as Enviro Blocks, retaining walls, articulated concrete blocks, and shotcrete. Ultimately, staff determined that these options were either cost-prohibitive or less effective at managing storm flows, given the right of way constraints, than the proposed Project improvements. Therefore, staff contacted the Santos family to request an easement. The purpose of the easement would be to widen the creek, grade the channel walls to an optimal slope, and create an access road for Public Works crews to maintain the channel.

The City currently has an undeveloped right-of-way located north of Paradise Valley Road, adjacent to the northern parcel boundary of the Santos property (see Exhibit A). The area is considered a “paper street” recorded as Paradise Avenue, which runs between the undeveloped Santos property to the south and three residential properties to the north.

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Vacating the southern half of Paradise Avenue (30 feet wide) to the Santos family would provide a nearly equivalent “land swap” in exchange for the easement needed along the northern bank of the channel.

After several months of coordination with the Santos family, they have agreed to grant an easement to the City. The Grant of Easement contains a graphical depiction and legal description of the area (see Exhibit C). The Easement will be granted in perpetuity and at no cost to the City.

The City agrees to undertake all repairs and maintenance of the area contained within this easement.

Concurrently, the Engineering & Public Works Department worked in coordination with Community Development staff to request the vacation of Paradise Avenue. The right-of-way proposed to be vacated is 60 feet wide. If vacated, half of the right-of-way (30 feet) will go to the properties on each side. Community Development staff presented this request to the City Council on May 7, 2024, where City Council approved the initial request. The Planning Commission subsequently approved the street vacation request on May 20, 2024. During the City Council meeting scheduled for November 19, 2024, Community Development will present the final resolution to summarily vacate the street.

FINANCIAL STATEMENT:

The Easement will be granted at no cost to the City.

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 – Location Map
Exhibit B – Proposed Easement and Street Vacation
Exhibit C – Grant of Easement
Exhibit D – Resolution

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Exhibit A – Showing in Red Santos Property and in Yellow the Street Vacation Hollyhock Ln
Santos Property
Street Vacation

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ENGINEERING DEPARTMENT

AS-BUILT BY DATE

REVISIONS BY CONSTRUCTION RECORDS
DATE STARTED:

INSPECTOR:

DATE
DATE COMPLETED:

SURVEYOR:

BENCHMARK:

HORIZONTAL CONTROL: UNDERGROUND SERVICE ALERT 1-800-227-2600 YOU DIG DAYS BEFORE TWO WORKING A PUBLIC SERVICE BY DIAL BEFORE YOU DIG TOLL FREE Plotted - 4/16/2024 9:28:41 AM :: Saved - 4/16/2024 9:20:10 AM :: C:\pwworking\west01\d3650613\00C-004e.dwg :: GESPANTO PLANS FOR THE IMPROVEMENTS OF: STEPHEN MANGANIELLO, T.E. 2973 DATE PROJECT NO. CIP NO. DIRECTOR PUBLIC WORKS/CITY ENGINEER

APPROVED

EASEMENT EXHIBITPARADISE CREEK WATER QUALITY AND COMMUNITY ENHANCEMENT - PHASE II CITY OF NATIONAL CITY SAMPO ENGINEERING, INC.

LEAD AND BRASS TAG IN CONCRETE WALKWAY, LOCATED IN THE NE CORNER OF G AVE & 19TH ST (PT #1236)

THE BASIS OF BEARINGS FOR THIS SURVEY IS THE CALIFORNIA COORDINATE SYSTEM NAD 83, ZONE 6 BETWEEN POINT NUMBERS 1232 AND 3246 AS SHOWN ON ROS 14492. PLANS REVIEWED BY: ENGINEERING DEPARTMENT DATE LUCA ZAPPIELLO PLAN SCALE: 1" = 20' SCALE: 1"=20' 0 20 40 60 PARADISE VALLEY RD EASEMENT EXHIBIT A PRELIMINARY TITLE REPORT PREPARED BY COMMONWEALTH LAND TITLE COMPANY DATED MAY 11, 2022 AS ORDER NO. 669-060-10 PLUS HAS BEEN REVIEWED FOR EXISTING ON-SITE EASEMENTS. SAID EASEMENTS HAVE BEEN PLOTTED HEREON AND REFERENCED BELOW PER SAID PRELIMINARY TITLE REPORT: EXISTING EASEMENT FOR PURPOSES OF PUBLIC HIGHWAY IN FAVOR OF COUNTY OF SAN DIEGO RECORDED AUGUST 4, 1938 IN BOOK 808, PAGE 154 OF OFFICIAL RECORDS. EXISTING EASEMENT FOR OPEN DITCH IN FAVOR OF COUNTY OF SAN DIEGO RECORDED AUGUST 4, 1938 IN BOOK 814, PAGE 99 OF OFFICIAL RECORDS. EXISTING EASEMENT FOR OPEN DITCH AND INCIDENTAL PURPOSES IN FAVOR OF COUNTY OF SAN DIEGO RECORDED DECEMBER 30, 1938 IN BOOK 851, PAGE 386 OF OFFICIAL RECORDS. EXISTING EASEMENT FOR RIGHT TO ENTER UPON, FOR THE PURPOSE OF CONSTRUCTION AND MAINTENANCE OF SAID OPEN DITCH DESCRIBED ON ITEM 7 ABOVE IN FAVOR OF COUNTY OF SAN DIEGO RECORDED DECEMBER 30, 1938 IN BOOK 851, PAGE 386 OF OFFICIAL RECORDS EXISTING EASEMENT FOR ELECTRICITY DISTRIBUTION IN FAVOR OF SAN DIEGO GAS & ELECTRIC COMPANY RECORDED MAY 28, 1952 IN BOOK 4481, PAGE 89 OF OFFICIAL RECORDS. EXISTING EASEMENTS 677.158

CITY OF NATIONAL CITY CITY OF SAN DIEGO
R/W

R/W R/W
R/W
6 7 7.1
5 TO PREVIOUS PROPERTY OWNERS AREA = 9,900 SQ FT
28' EXISTING #5 EASEMENT AREA = 9,465.93 SQ FT EXISTING EASEMENT AREA = 7,603.96 SQ FT EXISTING #6 EASEMENT - AREA = 1,893.36 SQ FT CURRENT SANTOS PROPERTY AREA = 57,736.73 SQ FT N 1831609.32 E 6310694.47

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

14.35' FUTURE SANTOS PROPERTY (CITY REQUESTS AN EASEMENT) AREA = 58.26 SQ FT 8 5
5 FUTURE CITY EASEMENT FOR 28 FEET TOTAL AREA = 10,543.74 SQ FT C:\pwworking\west01\d3650613\00C-004e.dwg, Plot, 4/16/2024 9:28:37 AM, GESPANTO Exhibit B - Proposed Easement and Street Vacation
The current City easement runs along the bottom of the creek and does not include the northern bank. Page 111 of 1135

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RESOLUTION NO. 2024 -

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

ACCEPTING AND AUTHORIZING THE MAYOR TO SIGN A GRANT OF EASEMENT FROM SANTOS FAMILY TRUST 08-11-03 FOR AN AREA ALONG THE NORTH SIDE OF PARADISE

CREEK, LOCATED NORTH OF PARADISE VALLEY ROAD AND EAST OF PLAZA BLVD, FOR CHANNEL CONSTRUCTION AND MAINTENANCE.

WHEREAS, the Paradise Creek Water Quality and Community Enhancement Project Phase II, CIP No. 19-11, is a grant-funded project currently under construction (the “Project”); and WHEREAS, the Project's primary purpose is to improve the creek's drainage by upsizing the culvert and widening the creek to better manage a 100-year storm event; and WHEREAS, additionally, the Project includes installation of concrete driveways, an access road for channel maintenance, and the replacement of pedestrian curb ramps for ADA compliance; and
WHEREAS, the existing easement that runs along the bottom of the creek does not include the northern bank, which restricts the City from constructing the proposed Project improvements given the right-of-way constraints; and
WHEREAS, to avoid impacting private property, staff evaluated alternative options such as Enviro Blocks, retaining walls, articulated concrete blocks, and shotcrete; and WHEREAS, staff determined that these options were either cost-prohibitive or less effective at managing storm flows than the proposed Project improvements; and WHEREAS, the City coordinated with the adjacent property owner, the Santos family, to obtain an easement to widen the creek, grade the channel walls to an optimal slope, and create an access road for Public Works crews to maintain the channel; and WHEREAS, the Santos family has agreed to grant an easement to the City, which takes into account the improvements the City will make as part of the Project (the “Easement”); and WHEREAS, the Easement will be granted in perpetuity and at no cost to the City; and WHEREAS, the City agrees to undertake all repairs and maintenance of the area contained within the Easement for public drainage purposes.

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 accepts and authorizes the Mayor to sign a grant of easement from Santos Family Trust 08-11-03 for an area along the north side of Paradise Creek, located north of Paradise Valley Road and east of Plaza Blvd, for channel construction and maintenance.

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

PASSED and ADOPTED this 19th day of November, 2024.

Ron Morrison, Mayor
ATTEST:

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

Barry J. Schultz, City Attorney

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Adopting an updated Quality Assurance Program (QAP)
RECOMMENDATION:

Not Applicable.

EXPLANATION:

Caltrans requires all agencies receiving Federal-Aid funds through transportation grant programs to adopt a Quality Assurance Program (QAP), and update the plan at least once every five years.

The City Council adopted a QAP on February 4, 2014, per Resolution No. 2014-13, and on January 22, 2019, per Resolution No. 2019-3.

Currently, the Engineering & Public Works Department has quality assurance procedures for materials sampling and testing as part of the contract specifications for individual capital improvement projects. These specifications are based on Caltrans, AASHTO, and other nationally recognized specifications.

A QAP is required for any federally funded construction project administered by Caltrans. Without an adopted QAP, Caltrans will not process the Construction Authorization. The Caltrans Office of Local Assistance updated its “Quality Assurance Program Manual for Use By Local Agencies” in 2011. The Caltrans QAP Manual contains a sample QAP for local agencies to modify. City staff has taken this sample QAP and made slight modifications to meet the City’s needs. By formally adopting this manual, as presented in Exhibit A, the City will comply with federal aid requirements.

FINANCIAL STATEMENT:

N/A
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.

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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 – Quality Assurance Program (QAP)
Exhibit B – Resolution

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QUALITY ASSURANCE PROGRAM (QAP)

CITY OF NATIONAL CITY
The purpose of this program is to provide assurance that the materials incorporated into the construction projects are in conformance with the contract specifications. This program should be updated every five years or more frequent if there are changes of the testing frequencies or to the tests themselves. To accomplish this purpose, the following terms and definitions will be used:

DEFINITION OF TERMS
• Acceptance Testing (AT) – Sampling and testing, or inspection, to determine the degree of compliance with contract requirements.
• Independent Assurance Program (IAP) – Verification that AT is being performed correctly by qualified testers and laboratories.
• Quality Assurance Program (QAP) – A sampling and testing program that will provide assurance that the materials and workmanship incorporated into the construction project are in conformance with the contract specifications. The main elements of a QAP are the AT, and IAP.
• Source Inspection – AT of manufactured and prefabricated materials at locations other than the job site, generally at the manufactured location.
• QAP Manual – Quality Assurance Program Manual for local agencies which provides quality assurance guidelines for materials used in Federal Aid Projects.

MATERIALS LABORATORY
The City of National City will use a private consultant materials laboratory to perform AT on Federal-aid and other designated projects. The materials laboratory shall be under the responsible management of a California registered Engineer with experience in sampling, inspection and testing of construction materials. The Engineer shall certify the results of all tests performed by laboratory personnel under the Engineer’s supervision. The materials laboratory shall contain certified test equipment capable of performing the tests conforming to the provisions of this QAP.

The materials laboratory used shall provide documentation that the laboratory complies with the following procedures:

1. Correlation Testing Program – The materials laboratory shall be a participant in one or more of the following testing programs:
a. AASHTO Materials Reference Laboratory (AMRL)
b. Cement and Concrete Reference Laboratory (CCRL)
c. Caltrans’ Reference Samples Program (RSP)

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2. Certification of Personnel – The materials laboratory shall employ personnel who are certified by one or more of the following:
a. Caltrans District Materials Engineer
b. Nationally recognized non-Caltrans organizations such as the American Concrete Institute, Asphalt, National Institute of Certification of Engineering Technologies, etc.
c. Other recognized organizations approved by the State of California and/or Recognized by local governments or private associations.

3. Laboratory and Testing Equipment – The materials laboratory shall only use laboratory and testing equipment that is in good working order. All such equipment shall be calibrated at least once each year. All testing equipment must be calibrated by impartial means using devices of accuracy traceable to the National Institute of Standards and Technology. A decal shall be firmly affixed to each piece of equipment showing the date of the last calibration. All testing equipment calibration decals shall be checked as part of the IAP.

ACCEPTANCE TESTING (AT)
AT will be performed by a materials laboratory certified to perform the required tests. The tests results will be used to ensure that all materials incorporated into the project are in compliance with the contract specifications.

Testing methods will be in accordance with the California Test (CT) Methods or a national recognized standard (i.e., AASHTO, ASTM, etc.) as specified in the contract specifications.

Sample locations and frequencies may be in accordance with the contract specifications. If not so specified in the contract specifications, samples shall be taken at the locations and frequencies as shown in Attachment #1, Appendix D, “Acceptance Sampling and Testing Frequencies” of the QAP Manual.

INDEPENDENT ASSURANCE PROGRAM (IAP)
IAP shall be provided by personnel from Caltrans, the Agency’s certified materials laboratory, or consultant’s certified materials laboratory. IAP will be used to verify that sampling and testing procedures are being performed properly and that all testing equipment is in good condition and properly calibrated.

IAP personnel shall be familiar with all required testing procedures, as part of IAP, and shall not be involved in any aspect of AT.

IAP shall be performed on every type of materials test required for the project. Proficiency tests shall be performed on Sieve Analysis, Sand Equivalent, and Cleanness Value tests. All other types of IAP shall be witness tests.

Poor correlation between acceptance tester’s results and other test results may indicate probable deficiencies with the acceptance sampling and testing procedures. In cases of unresolved discrepancies, a complete review of AT shall be performed by IAP personnel, or an independent materials laboratory chosen by the Agency. IAP samples and tests are not to be used for

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determining compliance with contract requirements. Compliance with contract requirements is determined only by AT.

REPORTING ACCEPTANCE TESTING RESULTS
The following are time periods for reporting material test results to the City:
• When the aggregate is sampled at material plants, test results for Sieve Analysis, Sand Equivalent and Cleanness Value should be submitted to the Project Engineer within 24 hours after sampling.
• When materials are sampled at the job site, test results for compaction and maximum density should be submitted to the Project Engineer within 24 hours after sampling. • When soils and aggregates are sampled at the job site:
(1.) Test results for Sieve Analysis, Sand Equivalent and Cleanness Value should be submitted to the Project Engineer within 72 hours after sampling. (2.) Test results for “R” Value and asphalt concrete extraction should be submitted to the Project Engineer within 96 hours after sampling.

When sampling products such as Portland Cement Concrete (PCC), cement-treated base (CTB), hot mix asphalt (HMA), and other such materials; the time of such sampling shall be varied with respect to the time of the day insofar as possible, in order to avoid a predictable sampling routine.

The reporting of AT results, if not performed by the agency staff, shall be done on an expedited basis such as by email, fax or telephone.

TESTING OF MANUFACTURED MATERIALS
During the Design phase of the project, the Project Engineer may submit a “Source Inspection Request” see Attachment #2, Exhibit 16-V of the Local Assistance Procedure Manual (LAPM), to the Agency, consultant, or Caltrans for inspection and testing of manufactured and prefabricated materials by their materials laboratory. A list of materials that can be typically accepted on the basis of certificates of compliance during construction is found in Attachment #3, Appendix F of the QAP Manual. All certificates of compliance shall conform to the requirements of the contract specifications, for examples see Attachment #4, Appendix J of the QAP Manual.

Should the Agency request Caltrans to conduct the source inspection, and the request is accepted, all sampling, testing, and acceptance of manufactured and prefabricated materials will be performed by Caltrans’ Office of Materials Engineering and Testing Services. For Federal-aid projects on the National Highway System (NHS), Caltrans will assist in certifying the materials laboratory, and the acceptance samplers and testers. For Federal-aid projects off the NHS, Caltrans may be able to assist in certifying the materials laboratory, and the acceptance samplers and testers.

PROJECT CERTIFICATION
Upon completion of a Federal-aid project, a “Materials Certificate" shall be completed by the Project Engineer. The Agency shall include a “Materials Certificate” in the Report of Expenditures submitted to the Caltrans District Director, Attention: District Local Assistance Engineer. A copy of the “Materials Certificate” shall also be included in the Agency’s

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construction records. The Project Engineer in charge of the construction function for the Agency shall sign the certificate. All materials incorporated into the work which did not conform to specifications must be explained and justified on the “Materials Certification”, including changes by virtue of contract change orders. See Attachment #5 for an example, Appendix K of the QAP Manual.

RECORDS
All material records of samples and tests, material releases and certificates of compliance for the construction project shall be incorporated into the Project Engineer’s project file. If a Federal-aid project:
• The files shall be organized as described in Section 16.8 “Project Files” of the Local Assistance Procedures Manual.
• It is recommended that the complete project file be available at a single location for inspection by Caltrans and Federal Highway Administration (FHWA) personnel. • The project files shall be available for at least three years following the date of final project voucher.
• The use of a “Log Summary,” as shown in Appendix H of the QAP Manual, facilitates reviews of material sampling and testing by Caltrans and FHWA, and assists the Project Engineer in tracking the frequency of testing.

When two or more projects are being furnished identical materials simultaneously from the same plant, it is not necessary to take separate samples or perform separate tests for each project; however, copies of the test reports are to be provided for each of the projects to complete the records.

APPROVED BY:
(Signature) (CE# and Expiration Date)
NAME: __________________________________ DATE:

TITLE: ___________________________ City:

Attachments #1 Acceptance Sampling and Testing Frequencies Attachments #2 Source Inspection Request, Exhibit 16-V of the LAPM Attachments #3 Appendix F of the QAP Manual
Attachments #4 Appendix J of the QAP Manual
Attachments #5 Appendix K of the QAP Manual

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Attachment #1
Acceptance Sampling and Testing Frequencies

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Appendix D - Acceptance Sampling and Testing Frequencies Note: It may be desirable to sample and store some materials. If warranted, testing can be performed at a later date.

Portland Cement (Hydraulic Cement)
Materials to be
Sampled or Tested
Sample Size Sampling/Testing Frequency Typical Test
Methods
Description or Comments
Cement/fly ash
(Sampling only)
8-lb. sample If possible, take a least one sample per job, even if the material is accepted based on a Certificate ofCompliance.

ASTM D75,
C494
CT 125
AASHTO
T127,
M85, M295
Standard for sampling hydraulic cement orfly ash.

Cement
(Testing Only)
8-lb. sample If the product is accepted based on a Certificate of Compliance, testing is not required. If the product is not accepted using a Certificate of Compliance,test at least once per job.

ASTM C109
CT 515
AASHTO
T106
If testing appears warranted, fabricate six2-in. mortar cubes using the Portland (orhydraulic cement). Test for compressive strength.

Portland Cement Concrete (Hydraulic Cement Concrete)
Materials to be
Sampled or Tested
Sample Size Sampling/Testing Frequency Typical Test
Methods
Description or Comments
Aggregate for Hydraulic Cement Concrete
(Sampling &
Testing)
50-lb. sample Take one aggregate sample for each 1000 cu. yd. of PCC/HCC concrete. Test at least one sample perjob.

ASTM D75
CT 125
AASHTO M6,
T2,
M80
Sample aggregate from belt or hopper (random basis).

Water
(Sampling & Testing)
Take a two-quart sample using a clean plastic jug (with lining) and sealed lid. Sample at the point of use.

If the water is clean with no record of chlorides or sulfates greater than 1%, no testing is required. Ifthe water is dirty do not use it. Test only when thechloride or sulfates are suspected to be greater than 1%.

CT 405, CT
422,
CT 417
AASHTO R23
If testing appears warranted, test for chlorides and sulfates.

Division of Local Assistance, Office of Procedures Development and Training Quality Assurance Program (QAP) Manual for Use by Local Agencies Revised January 20, 2011 22

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Division of Local Assistance, Office of Procedures Development and Training Quality Assurance Program (QAP) Manual for Use by Local Agencies Revised January 20, 2011 Appendix D (continued)
Portland Cement Concrete (Hydraulic Cement Concrete) – Continued Materials to be
Sampled or
Tested
Sample Size Sampling/Testing Frequency Typical Test
Methods
Description of Comments
Air Entraining
Admixtures
(Sampling &
Testing)
Take a one-quart sample using a clean, lined can or plastic bottle, if liquid. If powder, take a 2.5 lb. sample.

If the product is accepted based on a Certificate of Compliance, testing is not required. Take one sample per job. Prior to sampling, check with Caltrans (METS) for acceptable brands and dosage rates.

ASTM C233
AASHTO M154,
T157, C260
If testing appears warranted, test for sulfates and chlorides Admixtures withsulfates and chlorides greater than 1%should not be used.

Water
Reducers or Set
Retarders
(Sampling &
Testing)
If liquid, take a 1-qt.sample using a clean plastic can. If powder, take a 2.5 lb. sample.

If the product is accepted based on a Certificate of Compliance, no testing is required. If not, test once per job. Prior tousing this product, please check withCaltrans (METS) for acceptable brands and dosage rates.

ASTM C494
AASHTO M194
If testing appears warranted, test for sulfates and chlorides. Admixtures with sulfates and chlorides greater than1% should not be used.

Freshly-Mixed
Concrete
(Sampling)
Approx. 150lb. (or 1 cu. ft.) near mixer discharge.

When tests are required, take at least onesample for each 500 to 1000 cu. yd. ofPCC/HCC.

ASTM C172,
C685
CT 539
AASHTO T141,
M157
This describes a method to samplefreshly-mixed concrete.

Freshly-Mixed
Concrete
(Testing)
Approx. 150 lb/ (or 1 cu. ft.) near mixer discharge.

On projects with 500 cu. yd., or more, test at least one sample per job.

ASTM C143
AASHTO T119
This test determines the slump of the freshly-mixed concrete.

Freshly-Mixed
Concrete
(Testing)
Approx. 150 lb/ (or 1 cu. ft.) near mixer discharge
On projects with 500 cu. yd., or more, test at least one sample per job.

ASTM C360
CT 533
This test determines the ball penetration of the freshly-mixedconcrete.

Freshly-Mixed
Concrete
(Testing)
Approx. 150 lb/ (or 1 cu. ft.) near mixer discharge
On projects with 500 cu. yd., or more, test at least one sample per job.

ASTM C231
CT 504
AASHTO T152
This test determines the air content of freshly-mixed concrete (pressuremethod).

Freshly-Mixed
Concrete
(Testing)
Approx. 150 lb/ (or 1 cu. ft.) near mixer discharge
On projects with 500 cu. yd., or more, test at least one sample per job.

ASTM C138
CT 518
AASHTO T121
This test determines the unit weight of freshly mixed concrete. 23

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Division of Local Assistance, Office of Procedures Development and Training Quality Assurance Program (QAP) Manual for Use by Local Agencies Revised January 20, 2011 24 Appendix D (continued)
Portland Cement Concrete (Hydraulic Cement Concrete) – Continued Materials to be
Sampled or
Tested
Sample Size Sampling/Testing Frequency Typical Test
Methods
Description or Comments
Freshly-Mixed
Concrete
(Testing)
Approx. 150 lb/ (or 1 cu. ft.)near mixer discharge
Fabricate at least two concrete cylindersper project. Test for compressive strength at least once for each 500 to 1,000 cu. yd. of structural concrete.

ASTM C39
CT 521
AASHTO T22
This test is used to fabricate 6” x 12” concrete cylinders. Compressive strengths are determined, when needed.

Freshly-Mixed
Concrete
(Testing)
Approximately 210 lb. ofconcrete are needed to fabricate three concrete beams.

One sample set for every 500 to 1,000 cu. yd. of concrete.

ASTM C78
CT 31
AASHTO T97 &
T23
This test is used to determine the flexural strength of simple concretebeams in third-point loading Soils and Aggregates
Materials to be
Sampled or
Tested
Sample Size Sampling/Testing Frequency Typical Test
Methods
Description or Comments
Aggregate
(Sampling)
One 50-lb. sample Take one sample for every 500 to 1,000 tons of materials. Test at least one sample per project.

ASTM D75
CT 125
AASHTO T2
This test describes the procedures tosample aggregate from the belt orhopper (random basis).

Fine Aggregates
(Testing)
One 50-lb. sample
Take one sample for every 500 to 1,000tons of materials. Test at least onesample per project.

ASTM C128
CT 208
AASHTO T84
This test determines the apparentspecific gravity of fine aggregates for bituminous mixes, cement treated bases and aggregate bases.

Fine Aggregate
(Testing)
One 50-lb. sample
Take one sample for every 500 to 1,000tons of materials. Test at least onesample per project.

ASTM C128
CT 207
AASHTO T84
This test determines the bulkspecific gravity (SSD) and the absorption of material passing the No. 4 sieve.

Coarse Aggregate
(Testing)
One 50-lb. sample
Take one sample for every 500 to 1,000tons of materials. Test at least onesample per project.

CT 206
This test determines the cleanness ofcoarse aggregate.

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Division of Local Assistance, Office

of Procedures Development and Training
Appendix D (continued)
Soils and Aggregates - Continued
Materials to be
Sampled or
Tested
Sample Size Sampling/Testing Frequency Typical Test
Methods
Description or Comments
Coarse Aggregate
(Testing)
One 50-lb. sample Take one sample for every 500 to 1,000 tons of materials. Test at least one sample per project.

ASTM C127
CT 227
AASHTO T85
This test determines the specific gravity and absorption of coarse aggregate (material retained on the No. 4 sieve).

Soils and
Aggregates
(Testing)
One 50-lb. sample Take one sample for every 500 to 1,000 tons of materials. Test at least one sample per project.

ASTM C136
CT 202
AASHTO T27
This test determines the gradation ofsoils and aggregates by sieve analysis.

Soils and
Aggregates
(Testing)
One 50-lb. sample Take one sample for every 500 to 1,000 tons of materials. Test at least one sample per project.

ASTM D2419
CT 217
AASHTO T176
This test determines the Sand Equivalent of soils and aggregates.

Soils and
Aggregates
(Testing)
One 50-lb. sample Take one sample for every 500 to 1,000 tons of materials. Test at least one sample per project.

ASTM C117
AASHTO T11
This test determines the gradation for materials finer that the No. 200 sieve(by washing method).

Soils and
Aggregates
(Testing)
One 50-lb. sample Take one sample for every 500 to 1,000 tons of materials. Test at least one sample per project.

ASTM D3744
CT 229
AASHTO T210
This test determines the Durability Index of soils and aggregates.

Soils and
Aggregates
(Testing)
One 50-lb. sample Take one sample for every 500 to 1,000 tons of materials. Test at least one sample per project.

ASTM D2844
CT 301
AASHTO T190
This test determines the Resistance Value (R-) and expansion pressure ofcompacted materials.

Soils and
Aggregates
(Testing)
One random location for
every 2,500 sq. ft.

Take one sample for every 500 to 1,000tons of materials. Test at least one sample per project.

ASTM D2922
CT 231
AASHTO T238
This test determines field densities using the nuclear gage.

Soils and
Aggregates
(Testing)
One random location for
every 2,500 sq. ft.

Take one sample for every 500 to 1,000tons of materials. Test at least one sample per project.

ASTM D3017
CT 231
AASHTO T239
This test determines the water content using the nuclear gage. 25

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Division of Local Assistance, Office of Procedures Development and Training Quality Assurance Program (QAP) Manual for Use by Local Agencies Revised January 20, 2011 Appendix D (continued)
Asphalt Binder
Materials to be
Sampled or Tested
Sample Size Sampling/Testing Frequency Typical Test
Methods
Description or Comments
Asphalt Binder
(Sampling)
One 0.5-gal. sample placed in a clean, sealed can.

Sample once per job at the asphalt concrete plant.

CT 125
ASTM D 979
AASHTO T 168,
T48
This procedure describes the proper methodto sample the asphalt binder.

Asphalt Binder
(Testing)
One 0.5-gal. sample placed in a clean, sealed can.

Sample once per job at the asphalt concrete plant.

ASTM D92, D117
AASHTO T 48
This test determines the flash point of the asphalt binder (by Cleveland open cup).

Asphalt Binder
(Testing)
One 0.5-gal. sample placed in a clean, sealed can.

Obtain one sample at the asphalt concrete plant for each 1,000 tonsof asphalt concrete placed.

ASTM D2872 &
D92
CT 346
AASHTO T240
&T48
This test determines the rolling thin-film oven test (RTFO).

Asphalt Binder
(Testing)
One 0.5-gal. sample placed in a clean, sealed can.

Obtain one sample at the asphalt concrete plant for each 1,000 tonsof asphalt concrete placed.

ASTM D2042
AASHTO T44
This test determines the solubility ofasphalt material in trichloroethylene.

Asphalt Binder
(Testing)
One 0.5-gal. sample placed in a clean, sealed can.

Obtain one sample at the asphalt concrete plant for each 1,000 tonsof asphalt concrete placed.

ASTM D2171
AASHTO T202
This test determines the dynamic viscosity, (absolute viscosity ofasphalt @ 140 degrees F by the Vacuum Capillary Viscometer Poises).

Asphalt Binder
(Testing)
One 0.5-gal. sample placed in a clean, sealed can.

Obtain one sample at the asphalt concrete plant for each 1,000 tonsof asphalt concrete placed.

ASTM D5
AASHTO T49
This test determines the penetration of bituminous material @ 77 degrees F and percentage of original penetration from the residue.

Asphalt Binder
(Testing)
One 0.5-gal. sample placed in a clean, sealed can.

Obtain one sample at the asphalt concrete plant for each 1,000 tonsof asphalt concrete placed.

ASTM D113
AASHTO T51
This test determines the ductility of
asphalt @ 77 degrees F.

Asphalt Binder
(Testing)
One 0.5-gal. sample placed in a clean, sealed can.

Obtain one sample at the asphalt concrete plant for each 1,000 tonsof asphalt concrete placed.

ASTM D2170
AASHTO T201
This test determines the kinematic viscosity of asphalt @275 degrees F (Centistoke). 26

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Division of Local Assistance, Office of Procedures Development and Training Quality Assurance Program (QAP) Manual for Use by Local Agencies Revised January 20, 2011 27 Appendix D (continued)
Asphalt Binder - Continued
Materials to be
Sampled or Tested
Sample Size Sampling/Testing Frequency Typical Test
Methods
Description or Comments
Asphalt Binder
(Testing)
One 0.5-gal. sample placed in a clean, sealed can.

Obtain one sample at the asphalt concrete plant for each 1,000 tons of asphalt concrete placed.

ASTM D2171
AASHTO T202
This test determines the dynamic viscosity. (absolute viscosity ofasphalt @ 140 degrees F by the Vacuum Capillary Viscometer Poises).

Asphalt Binder
(Testing)
One 0.5-gal. sample placed in a clean, sealed can.

Obtain one sample at the asphalt concrete plant for each 1,000 tons of asphalt concrete placed.

ASTM D36
AASHTO T53
This test determines the softening point of asphalt.

Asphalt Emulsified
Materials to be
Sampled or Tested
Sample Size Sampling/Testing Frequency Typical Test
Methods
Description or Comments
Emulsified Asphalt
(Sampling)
One 0.5-gal. sample placed in a clean, sealed can.

Obtain one sample at the asphalt concrete plant for each 1,000 tonsof asphalt concrete placed.

ASTM D140,
D979
CT 125
AASHTO T 40,
T168
This test describes the procedure tosample the emulsified asphalt.

Emulsified Asphalt
(Testing)
One 0.5-gal. sample placed in a clean, sealed can.

Obtain one sample at the asphalt concrete plant for each 1,000 tonsof asphalt concrete placed.

ASTM D244
AASHTO T59
This test determines the sieve retention of emulsified asphalt.

Emulsified Asphalt
(Testing)
One 0.5-gal. sample placed in a clean, sealed can.

Obtain one sample at the asphalt concrete plant for each 1,000 tonsof asphalt concrete placed.

ASTM D244
AASHTO T59
This test determines the weight per gallonof emulsified asphalt.

Emulsified Asphalt
(Testing)
One 0.5-gal. sample placed in a clean, sealed can.

Obtain one sample at the asphalt concrete plant for each 1,000 tonsof asphalt concrete placed.

ASTM D244
AASHTO T59
This test determines the penetration of the emulsified asphalt.

Emulsified Asphalt
(Testing)
One 0.5-gal. sample placed in a clean, sealed can.

Obtain one sample at the asphalt concrete plant for each 1,000 tonsofasphalt concrete placed.

ASTM D244
CT 330
AASHTO T59
This test determines the residue @ 325degrees F evaporation ofemulsified asphalt.

Page 133 of 1135 ends

National City City CouncilNovember 19, 2024

National City City Council
November 19, 2024