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Home My WebLink AboutAgenda Packet - CC HA - 09-20-16 (2)AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY CALIFORNIA NATIONAL CI S INCORPORATED RON MORRISON Mayor JERRY CANO Vice Mayor ALBERT MENDIVIL Councilmember MONA RIOS Councilmember ALEJANDRA SOTELO-SOLIS Councilmember 1243 National City Blvd. National City 619-336-4240 Meeting agendas and minutes available on web WWW.NATIONALCITYCA. GOV COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, SEPTEMBER 20, 2016 - 6:00 PM ORDER OF BUSINESS: Public sessions of all Regular Meetings of the City Council / Community Development Commission - Housing Authority (hereafter referred to as Elected Body) begin at 6:00 p.m. on the first and third Tuesday of each month. Public Hearings begin at 6:00 p.m. unless otherwise noted. Closed Sessions begin at 5:00 p.m. or such other time as noted. If a workshop is scheduled, the subject and time of the workshop will appear on the agenda. The Mayor and Council members also sit as the Chairperson and Members of the Board of the Community Development Commission (CDC). REPORTS: All open session agenda items and reports as well as all documents and writings distributed to the Elected Body less than 72 hours prior to the meeting, are available for review at the entry to the Council Chambers. Regular Meetings of the Elected Body are webcast and archived on the City's website www.nationalcityca.gov. PUBLIC COMMENTS: Prior to the Business portion of the agenda, the Elected Body will receive public comments regarding any matters within the jurisdiction of the City and/or the Community Development Commission. Members of the public may also address any item on the agenda at the time the item is considered by the Elected Body. Persons who wish to address the Elected Body are requested to fill out a "Request to Speak" form available at the entrance to the City Council Chambers, and turn in the completed form to the City Clerk. The Mayor or Chairperson will separately call for testimony of those persons who have turned in a "Request to Speak" form. If you wish to speak, please step to the podium at the appropriate time and state your name and address (optional) for the record. The time limit established for public testimony is three minutes per speaker unless a different time limit is announced. Speakers are encouraged to be brief. The Mayor or Chairperson may limit the length of comments due to the number of persons wishing to speak or if comments become repetitious or irrelevant. WRITTEN AGENDA: With limited exceptions, the Elected Body may take action only upon items appearing on the written agenda. Items not appearing on the agenda must be brought back on a subsequent agenda unless they are of a demonstrated emergency or urgent nature, and the need to take action on such items arose after the agenda was posted. CONSENT CALENDAR: Consent calendar items involve matters which are of a routine or noncontroversial nature. All consent items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of 1 of 231 CC/CDC-HA Agenda 9/20/2016 — Page 2 the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Elected Body Meetings. Audio headphones are available in the lobby at the beginning of the meeting. Audio interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. COUNCIL REQUESTS THAT ALL CELL PHONES AND PAGERS BE TURNED OFF DURING CITY COUNCIL MEETINGS. 2 of 231 CC/CDC-HA Agenda 9/20/2016 — Page 3 OPEN TO THE PUBLIC A. CITY COUNCIL CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG PUBLIC COMMENTS (THREE -MINUTE TIME LIMIT) PROCLAMATIONS AWARDS AND RECOGNITIONS 1. Employee of the Quarter 2016 - Steve Schimminger, Librarian PRESENTATIONS 2. EXOS (MediFit) Executive Summary for Las Palmas Pool Operations for January through June 2016. (Community Services) INTERVIEWS / APPOINTMENTS 3. Interviews and Appointments: Various Boards & Commissions. (City Clerk) CONSENT CALENDAR 4. Motion of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances considered at this meeting and providing that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 5. Approval of the Minutes of the Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City of August 16, 2016. (City Clerk) 6. Resolution of the City Council of the City of National City authorizing the Chief of Police to enter into agreement with Lexipol LLC to provide content for Law Enforcement Policy Development and Law Enforcement Training Subscription Services from September 21, 2016 through September 21, 2017, with optional three one-year extensions. (Police) 3 of 231 CC/CDC-HA Agenda 9/20/2016 — Page 4 7 Resolution of the City Council of the City of National City, 1) awarding a contract to C.S. Legacy Construction, Inc. in the not -to -exceed amount of $612,243 for the Paradise Creek Educational Park Project, CIP No. 16-08; 2) authorizinq a 15% contingency in the amount of $91,836.45 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. (Engineering/Public Works) 8. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Grant Deed transferring certain Real Property from the City of National City to the Community Development Commission -Housing Authority of the City of National City consisting of portions of Hoover Avenue and Harding Avenue previously vacated by City Council Resolution 2013-83 for the Westside Infill Transit Oriented Development. (Housing & Economic Development) 9. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Subordination Agreement allowing a new mortgage that is not -to -exceed $268,000 to be and remain a lien prior and superior to a home purchase assistance loan on a single -unit property located at 2738 Melrose Street in National City. (Housing & Economic Development) 10. Warrant Register #6 for the period of 08/03/16 through 08/09/16 in the amount of $341,784.95. (Finance) 11. Warrant Register #7 for the period of 08/10/16 through 08/16/16 in the amount of $1,953,065.30. (Finance) 12. Warrant Register #8 for the period of 08/17/16 through 08/23/16 in the amount of $1,250,523.16. (Finance) PUBLIC HEARINGS ORDINANCES FOR INTRODUCTION 13. An Ordinance of the City Council of the City of National City adding Chapter 2.62 to the National City Municipal Code adopting informal bidding procedures under the California Uniform Public Construction Cost Accounting Act (CUPCCAA). (Engineering/Public Works) ORDINANCES FOR ADOPTION NON CONSENT RESOLUTIONS 14. Resolution of the City Council of the City of National City authorizinq the Mayor to execute an Agreement between the City of National City and EsGil Corporation to provide on -call plan reviews, permit processing, construction inspections, code enforcement services, and related services for various City departments including but not limited to Building, Fire, and 4 of 231 CC/CDC-HA Agenda 9/20/2016 — Page 5 Engineering, in the not -to -exceed amount of $800,000 per year for a period of three years. (Funded by fees collected, developer deposits, various Capital Improvement Project funds, and other funds as needed). (Building/Fire) 15. Resolution of the City Council of the City of National City authorizing the following actions to fund the Las Palmas Park & El Toyon Park Lighting Project: 1) release $514,172 from State Grant Fund 348 fund balance to the General Fund fund balance; 2) appropriate $814,172 to corresponding CIP expenditure accounts for El Toyon Park & Las Palmas Park Improvements from General Fund fund balance; and 3) appropriate $89,019.93 in the El Toyon Park Improvements CIP account from Park & Recreation Capital Outlay Fund fund balance. (Engineering/Public Works) NEW BUSINESS 16. Temporary Use Permit — St. Mary's Fall Festival hosted by St. Mary's Church on Sunday, October 2, 2016 at the parish grounds located between E. 8th Street and "E" Avenue from 7 a.m. to 7:00 p.m. with no waiver of fees. (Neighborhood Services) 17. Community and Police Relations Commission 2014 and 2015 Annual Report. (City Manager) 18. Update on Energy and Water Conservation Program and seeking City Council direction to work with Ameresco to prepare an Energy Services Agreement and associated financing plan for project implementation. (Engineering/Public Works) 19. Report on the State of California Cap -and -Trade Program and its appropriations including the Affordable Housing and Sustainable Communities Program. (Housing & Economic Development) 20. Report on the City Council's options in filling the impending City Attorney vacancy. (City Manager) B. COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY PUBLIC HEARINGS- HOUSING AUTHORITY CONSENT RESOLUTIONS- HOUSING AUTHORITY 21. Resolution of the Community Development Commission -Housing Authority of the City of National City accepting the transfer by Grant Deed of certain Real Property from the City of National City consisting of portions of Hoover Avenue and Harding Avenue previously vacated by City Council Resolution 2013-83 for the Westside Infill Transit Oriented Development.(Housing & Economic Development) 5 of 231 CC/CDC-HA Agenda 9/20/2016 — Page 6 NON CONSENT RESOLUTIONS- HOUSING AUTHORITY NEW BUSINESS- HOUSING AUTHORITY C. REPORTS STAFF REPORTS MAYOR AND CITY COUNCIL CLOSED SESSION REPORT ADJOURNMENT Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday - October 4, 2016 - 6:00 p.m. - Council Chambers - National City, California. 6 of 231 CC/CDC-HA Agenda 9/20/2016 — Page 7 The following page(s) contain the backup material for Agenda Item: Employee of the Quarter 2016 - Steve Schimminger, Librarian 7 of 231 CITY OF NATIONAL CITY MEMORANDUM DATE: September 7, 2016 TO: Leslie Deese, City, M FROM: Stacey Stev SUBJECT: ger uty City Manager EMPLOYEE OF TFIE QUARTER PROGRAM The Employee Recognition Program communicates the City's appreciation for outstanding performance. In doing so, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the workplace and community. The employee to be recognized for the Third Quarter of calendar year 2016 is: Steve Schimminger - Librarian By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, September 20, 2016 to be recognized for his achievement and service. Attachment cc: Steve Schimminger Minh Duong — City Librarian Josie Flores -Clark — Executive Assistant III Human Resources — Office File 8 of 231 RECEIVED City ofNational City Performance Recognition Award Nomination Form AUG 3 0 2016 CITY OF NATIONAL CITY HUMAN RESOURCES DEPARTMENT I nominate: Steve Schimminger for the Performance Recognition Award for the following reasons: Hiring Steve Schimminger has been one of the best personnel decisions I've made! Ten years ago, Steve moved to San Diego from Michigan and applied for a part-time reference position with the Library. When the Library expanded its business hours to include a seven-day opening in 2008. Steve became the weekend Librarian -in -charge. In 2011, a full-time position opened up in the Children's Room and Steve got appointed as the Children's Librarian. Steve maintains a perfect attendance record so far. He shows up to work every day in a good mood and good spirit, bustling around with a spring in his step and acknowledging kids who come in his area with perky greetings. In his current position of Children's Librarian. Steve creates a pleasant and inviting environment where parents and children can enjoy their visits to the Children's Room. Steve looks at different ways of providing new programs without incurring additional costs. As a staff member, Steve acts according to directives. demonstrates good common sense. and displays an energetic and positive attitude. Over the years, he has as well developed a reputation for reliability in all that he does. Steve uses diplomacy and tact in dealing with co-workers and patrons. even the young clients the Children's Room serves. And most of all, Steve takes things in stride and with good humor. no small feat especially in public service. I can go on enumerating many other qualities that make Steve such a valuable employee for any agency. But if I have to pick one thing that defines Steve, it's his all-time impeccable manners — always courteous. calm. and professional. I hereby nominate Steve Schimminger for the City of National City Performance Recognition Award. FORWARD COMPLETES NOMINATION TO: Nominated by: Signature: National City Performance Recognition Program Human Resources Department Duong. City Librarian Date: 8/30/ 1 6 9 of 231 CC/CDC-HA Agenda 9/20/2016 — Page 10 The following page(s) contain the backup material for Agenda Item: EXOS (MediFit) Executive Summary for Las Palmas Pool Operations for January through June 2016. (Community Services) 10 of 231 Item # 09/20/16 EXOS (MediFit) Executive Summary for Las Palmas Pool Operations for January through June 2016 (Community Services) 11 of 231 CC/CDC-HA Agenda 9/20/2016 — Page 12 The following page(s) contain the backup material for Agenda Item: Interviews and Appointments: Various Boards & Commissions. (City Clerk) 12 of 231 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 20, 2016 AGENDA ITEM NO, ITEM TITLE: Interviews and Appointments: Various Boards & Commissions. (City Clerk) PREPARED BY Michael R. Della DEPARTMENT: City Jerk PHONE: 619-336-4226 APPROVED BY: EXPLANATION: See attached background report. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance STAFF RECOMMENDATION: ;Conduct Interviews BOARD f COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Background Report 2, Attendance Records 3. Applications 13of231 BOARDS & COMMISSIONS — CURRENT VACANCIES AND EXPIRED TERMS September 20, 2016 LIBRARY BOARD OF TRUSTEES (Appointing Authority: Mayor subject to confirmation by City Council) There is one term expiring on the Library Board. The incumbent (Maria Patrice Amon) desires to be re -appointed. One new application (Lance Mirkin) has been filed and one applicant (Margaret Godshalk) was interviewed in April. Name Interviewed Maria Patrice Amon Incumbent Margaret Godshalk Yes (in April) Lance Mirkin No PARKS, RECREATION & SENIOR CITIZENS ADVISORY BOARD (PRSCAB) (Appointing Authority: Mayor subject to confirmation by City Council) There is one vacancy and two expiring terms (James Grier & Nora McMains) on the PRSCAB. Both incumbents desire to be reappointed. There is one new applicant (Lance Mirkin) and one applicant (Florfina Arce) currently serving on another Commission. Note: Per Council Policy 4107 both James Grier & Nora McMains will need a 4/5 vote for re -appointment. Name Interviewed James Grier Incumbent Nora McMains Incumbent Florfina Arce currently on CPRC Lance Mirkin No PUBLIC ART COMMITTEE (Appointing Authority: Mayor subject to confirmation by City Council) There are two expiring terms (Crystal Mercado & William Virchis) on the Public Art Committee. The incumbents have indicated a desire to be re -appointed. There are no new applications on file, however Annette DelaRiva was interviewed in April and is eligible. Note: Per Council Policy 4107, William Virchis will need a 4/5 vote for re -appointment. Name Interviewed Crystal Mercado Incumbent William Virchis Incumbent Anette DelaRiva Yes (in April) TRAFFIC SAFETY COMMITTEE (Appointing Authority: Mayor subject to confirmation by City Council) There are two expiring terms (Christopher Coyote & Sandy Barajas) on the Traffic Safety Committee. Both incumbents have indicated a desire to be re -appointed. There is one new application (Lance Mirkin). Name Cristopher Coyote Sandy Barajas Lance Mirkin Incumbent incumbent Interviewed No 14 of 231 ATTENDANCE RECORDS • Art Committee • Library Board • Park, Recreation and Senior Citizens Advisory Board (PRSCAB) • Traffic Safety Committee 15 of 231 ATTENDANCE - ART COMMITTEE 2015 - 2016 Meeting Date Cavada Virchis Mercado Torres Polanco January 27, 2015 No meeting for lack of quorum April 28, 2015 1 1 1 1 1 July 28, 2015 1 0 1 1 0 October 27, 2015 1 0 0 1 1 Total for 2015 3 1 2 3 2 Meeting Date Cavada Virchis Mercado Torres Polanco January 26, 2016 1 1 1 1 1 March 14, 2016* 1' 1 1 1 0 April 26, 2016 July 26, 2016 October 25,'2016 Total for 2016 2 2 2 2 1 *special meting 16 of 231 Library Board of Tn September 8, 2014 October 13, 2014 November T0, 2014 December 8, 2014 January 12, 2015 February 9, 2015 Present: Present: Present: Present: Present: Present: Arlene Castillo ' Nancy Nieto Deborah Hernandez Gloria Bird Nancy Nieto Gloria Bird Nancy Nieto Deborah Hernandez Gloria Bird Nancy Nieto Gloria Bird Nancy Nieto Gloria Bird Gloria Bird Patrice Amon Patrice Amon Deborah Hernandez Patrice Amon Patrice Amon Patrice Amon Absent: Absent: Absent: Absent: Absent: Absent: Deborah Hernandez Arlene Castillo Nancy Nieto _ Deborah Hernandez Deborah Hernandez Patrice Amon September 14, 2015 October 12, 2015 November 9, 2015 December 14, 2015 January 11, 2016 February 8, 2016 Present: Present: Present: Present: Present: Present: Nidya Rivera -Moreno Deborah Hernandez Deborah Hernandez Deborah Hernandez Deborah Hernandez Deborah Hernandez Gloria Bird Gloria Bird Nidya Rivera -Moreno Nidya Rivera -Moreno Nidya Rivera -Moreno Patrice Amon Patrice Amon 3Ioria Bird Gloria Bird Gloria Bird 3atrice Amon Patrice Arnon Absent; Absent; Absent: Absent: _ _ Absent: Absent: Deborah Hernandez Nidya Rivera -Moreno Patrice Amon Nidya Rivera -Moreno Gloria Bird Patrice Amon 17 of 231 istees Attendance Records March J, 2015 April 13, 2015 May 11, 2015 June 8, 2015 July 13, 2015 August 10, 2015 Present: Present: Present: Present: _ Present: Present: Gloria Bird Gloria Bird Gloria Bird Gloria Bird Gloria Bird Deborah Hernandez Nancy Nieto Nancy Nieto Nancy Nieto Nancy Nieto Deborah Hernandez Nidya Rivera -Moreno Patrice Amon 'Deborah Hernandez _ Patrice Amon Patrice Amon Nidya Rivera -Moreno Gloria Bird Nidya Rivera --Moreno Nidya Rivera -Moreno Nidya Rivera -Moreno Patrice Amon Nancy Nieto Absent: Absent: Absent: Absent: Absent: Absent: Deborah Hernandez Patrice Amon Deborah Hernandez Deborah Hernandez Nancy Nieto Nidya Rivera -Moreno April 11, 2016 Patrice Amon June 13, 2016 February 18, 2016 March 14, 2016 May 9, 2016 July 11, 2016 Present: Present: Present: Present: Present: Present: Nidya Rivera -Moreno Nidya Rivera -Moreno Deborah Hernandez Deborah Hernandez Nidya Rivera -Moreno Deborah Hernandez Gloria Bird Gloria Bird Nidya Rivera -Moreno Gloria Bird Gloria Bird Gloria Bird Patrice Amon Patrice Amon Raymond Juarez Nidya Rivera -Moreno Patrice Amon Nidya Rivera -Moreno Raymond Juarez Raymond Juarez Raymond Juarez Absent: Absent_ Absent: Absent: Absent: Absent: Deborah Hernandez . Deborah Hernandez Patrice Amon Patrice Amon Deborah Hernandez Patrice Amon Gloria Bird 18 of 231 Page 1 NC PRAB Board 2015 Yearly Attendance k I 2015 1 PRAB/SENIORS Jan Feb Mar 'Apr May Jun Jul Auq S2 Oct Nov Dec D A R K iMeets monthly 2 Andrade No Yes Yes Yes Yes Yes Yes Yes Yes Yes PRAB/Seniors merged 2110 3 Cesena Yes Yes Yes, Yes Yes No Yes Yes Yes Yes Yes 4 Cordoba Yes Yes Yes IYes Yes Yes Yes No Yes Yes Yes 5 Grier Yes Yes Yes ' Yes Yes Yes Yes No No No Yes 6 McMains Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes 7 Schwitkis Yes Yes Yes ; Term Ended March 2015 _ 8 Wesner No No No ` Yes No Yes No No [ No No No 9 Gutierrez Joined March 2015 Yes Yes No Yes Yes Yes E No No No Quorum?? Yes Yes Yes Yes Yes Yes Yes Yes `. Yes Yes Yes rmn Jil -i T rn m ca v NOTES i (#) minutes/Information not on file Dark no meeting held k...:,`.;:... No meeting 19 of 231 Page 1 NC PRAB Board 2016 Yearly Attendance 2016 i 1 1 PRAB/SENIORS Jan Feb Mar Ate, r May Jun Jul A�cu 8eaa Oct Nov Dec 1 Meets monthly 2 Andrade Yes Yes Yes Katrenstated mboard 4116 D A R K PRAB/Seniors merged 2/10 3 Cesena No Yes Yes Yes Yes Yes Yes Yes 4 Cordoba No No Yes Yes No Yes Yes Yes 5!Grier Yes Yes Yes Yes Yes Yes No Yes 6 McMains Yes Yes Yes Yes Yes Yes Yes Yes 8 Wesner No No No Pawed away3/1. 416 9 Gutierrez No ' No ReskaitedfromBoard # Rodriguez Yes Yes No Yes No # Molina Yes Yes Yes Yes Yes Quorum?? No Yes Yes Yes Yes Yes Yes Yes g c) Z n rn r- r- ill w 1 i i r 20 of 231 ATTENDANCE - TRAFFIC SAFETY COMMITTEE - 2014 - 2016 2014 jan 12-Feb 12-Mar apr jun L 17-Sep oct ; 10-Dec Cheryl Howrey-Colmenero P P P P Christopher Coyote A P P P Ryan Whipple P P Gonzalo Quintero P P A A Arlito Reclosado P A 2015 14-Jan feb 18-Mar 15-Apr jun 18-Jul , 9-Sep 14-Oct 9-Dec Cheryl Howrey-Colmenero P A A P P A P Christopher Coyote P P P P P P P Ryan Whipple P P P P P P P Gonzalo Quintero P P P P A A P Sandra Barajas P P A P P P 2016 jan feb 9-Mar apr 15-Jun L Ag Cheryl Howrey-Colmenero A A Christopher Coyote P P Ryan Whipple P P Gonzalo Quintero P P Sandra Barajas A P Present at meeting Absent from meeting A No meeting 21 of 231 arif OP l'. CITY APPLICATION TION POIPIIM'r /'4,� Commission O1 TY_ MI:SIONO, AND :7;0 . I/iaTRZEIw4.wlnfs_ CM Bailee • A ip '-.; � ° Crrr�rnla�on Library Board of Trustees • Parka, Recreation & Ssnlor Mans wry Bond ;tort: Appansitto Eyck be rsaidests of to C!,* of g.� City except for + by au Applicasitz ger tide Comity and Pon= Rota/ono a^lii- m rat pace a cr-r ai isectrgrouni cheek pAstio v.ppol •!� t. Name: .415 Home AddressI4 Viirrtod IAJCUA . Tel. No.: ,lam %I% 1 Business iet on: • ; %strumsAddress: Traffic Tel. No.; Length of Resideme In NaffonalCty: sEill Otagote. • California: ." Educe Background: .S Yi . �►*�. Occupational Experience: Professional or Tochrdcal Organization Me" 8: Civic or Community Experia ip, or Prole= Public Service + ppebdments: yh �R.�. fir.,, '�a,.� Pertaining to �y�,,,,:� may. p rr or Spacial c edge. Pertaini Area of interest Have you e r been convicted of a fen athw? NeztLyar.,L misdemeanor crime No.._ Yes ! any done were expunged dlsolostae is not required.. Convlotlans sr not rocassaTily • disquul > . Plate feel free to prime an explanation or Information mgarcOng )es answers to the above twat questions. Date:1 — r - I $Ignatu Please feel free to on:wide additionalinformer or letters of envicesernerri. Please r urn completed form tix _ Office of the City Cc. 1243 National + Safi fir,. CA VIM t1 Thank you for your Merest in serving the City of Nslional City. kesidencyrequiroments rntnotappiy This. documents is flied as a.public document Revised•March2012 22 of 231 • CITY t ' cnv TO CITY,BOARDS C0110M9VONS. ectlilLUITEES .� Can Planning rristrlen- . Community 1 Police Relators Commission* ( Pub Art Committer ,my_ Board of Truffle -es , Trat Befety Committee .._WM,R &Senior Cittens Adviooryturd itztg Apo:sank must be re:Mesta mite tliw of Naomi City eno Verb marked by e • Appliclinto for the Comer and Police Re:gnome Carenlesioa must pow mint/Hai Waft:nund ohm* prior to appointment, _ Now: Mar it, kir.(, 14, Hamra Address: C. t iche4A j .0 :0 . Tel. 514f 1• Business 1tion• Business Address: ,:__..�_. _.r.` Tel. No.: Length of Residence In National City 670 f P5 San Diego County:HeA C u cm k Eckicetional tground: Ocoupdlonci Experience: 041trici Gatos Technical Organization Memberships: ! '.' e., Civic or Commuritty Experience,ikftemberahrp, or Previous Public Servioe . . : Experience or Spy, Knowledge Pertaining to Arm of interest. Have you war been Dunk:tad of o feiorty tfll ? No �,.., misdemeanor crime? :' X _ Vas! IPlease fy i;,convictions t o s expunged disclosure re mil required. Convictions am i a saffly PIea a feel freeto ®C4hu?E art ewe,ie,sawte.... or r -..°--------- -es answgis ' gusullon, . Cate: J 7,04 Signature. Please feel fret to ca ode additional i lion oc l rs x f antspaert. Please return completed form to: Cass of the City Clerk 124 National Cifv Blvd, National City, lA MISS Thank you for your interest In serving the City of National City. w ss pu� ane• nt Rowe Elsornberttria 23 of 231 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY HOARDS, COMMISSIONS, AND COMMITTEES Civil Service Commission X Planning Commission ''7< Community & Police Relations Commission* (CPRC) Public Art Committee* 'C Library Board of Trustees Traffic Safety Committee Parks. Recreation & Senior Citizens Advisory Board Note: Applicants must be residents of the City of National City except for those marked by an 8 Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: I-.c A- la Home Address: 111 r4n l/� r ecp_ Tel. No.: Oct g'g 7 elL_3 Business Affiliation: Title: Business Address: Tel. No.: Length of Residence in National City: San Diego County: it3 California: 6 y Educational Background:r PV4 b S ( 1_1 rr -ew6 S 4-e Occupational Experience: R 3 ye v-s I 7.14 �, e„Le_ sal �; # c e $ _ 11 Professional or Technical Or ani ation Memberships: i ps, Civic or Community Experience, Membership, or Previous Public Service Appointments: v- r %t- f I -G%zJc Ei e - 6 rst- „ C Experience or Special Knowledge Pertaining to Area of Interest: Have you ever been convicted of a felony crime? No X Yes: misdemeanor crime? No:, Yes: )c If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. n Please feel free to provide an explanation or information regarding yes answerito the above two questions rn _ co Date: ag/6///6. Signa or. co Please feel free to provide addi Tonal information or letters of endprse ent. -< rn Please return completed form to: Office of the City Clerk 1243 National City Blvd, National City, CA 91950 Thank you for your interest in serving the City of National City. * Residency requirements may not apply This documents is filed as a public document 24 of 231 m r �• ? r, Revised: December 2015 SUpplemental Application: National City Community and Police Relations Commission The National City Community and Police Relations Commission serves as an independent, unbiased and impartial office that is readily available to the public. It is an organization for the improvement of police and community relations and the facilitation of disputes whenever possible. It provides a forum for citizens to voice their concerns, comment about police conduct, practices and policies and improves communication between citizens and the National City Police Department - The National City Community and Police Relations Commission is empowered to receive and review complaints regarding National City Police Department Personnel for alleged misconduct, and to recommend appropriate changes of Police Department policies and procedures toward the goals of safeguarding the rights of persons and promoting higher standards of competency, efficiency and justice in the provision of community policing services. Applicants must be completely forthright and truthful during the application process. Applicants may be disqualified in the background process as a result of dishonesty and/or purposely omitting information regarding one's criminal history. Given the complexity of this Commission and its duties, it is necessary to pass a criminal background check prior to appointment by City Council and/or swearing in as Commissioner. Upon conditional appointment the Human Resources department will contact you to schedule the criminal background process when, and if appropriate. It is important to note that you fill out this application completely and honestly to the best of your abilities. Failure to disclose your criminal history may result in disqualification. If a conviction has been expunged disclosure is not required. Have you ever been convicted of a felony crime: No: � Yes: Have you been convicted of a misdemeanor: No: Yes: If any convictions were expunged disclosure is not required. Please feel free to provide an explanation or information regarding yes answers to the above two questions. There may be circumstances that could disqualify an applicant from the background process beyond the listed crimes below. Each incident io evaluated in terms of the circumstances and facts surrounding its occurrence and its degree of relevance to the position. Disqualifying criteria for Community and Police Relations Commissioner: " See attached table 25 of 231 CC/CDC-HA Agenda 9/20/2016 — Page 26 The following page(s) contain the backup material for Agenda Item: Motion of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances considered at this meeting and providing that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 26 of 231 Item # 09/20/16 MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE WAIVING OF THE READING OF THE TEXT OF THE ORDINANCES CONSIDERED AT THIS MEETING AND PROVIDING THAT SUCH ORDINANCES SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING OF THE TITLE ONLY. (City Clerk) 27 of 231 CC/CDC-HA Agenda 9/20/2016 — Page 28 The following page(s) contain the backup material for Agenda Item: Approval of the Minutes of the Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City of August 16, 2016. (City Clerk) 28 of 231 Item # 09/20/16 APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF AUGUST 16, 2016. (City Clerk) 29 of 231 Book 98 / Page 135 08-16-2016 DRAFT DRAFT DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY August 16, 2016 The Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City was called to order at 6:10 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL Council / Board members present: Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Administrative Officials present: Aguirre, Beveridge, Dalla, Deese, Denham, Duong, Manganiello, Muthusamy, Raulston, Roberts, Silva, Stevenson, Tellez, Williams, Ybarra. Others present: City Treasurer Mitch Beauchamp and Student Representative Reah Sahagun. PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON PUBLIC COMMENTS Jesse Aguirre, National City, expressed displeasure that one of the Councilmembers is supporting a former City Council Member's candidacy for election. Micki Head, National City, extended an invitation to the Friends of the Library fundraising pizza party on September 8th at the Library. Brian Vine and Jackie from Lincoln Acres School extended an invitation to their Sixth Grade Camp fundraising spaghetti dinner. Janice Martinelli, National City, spoke about the problems she and her neighbors experienced as a result of a large party event held at McDinni's Restaurant over the weekend. Christine Pearson, National City, also spoke of the problems she experienced as a result of the event at McDinni's. AGENDA ITEMS WERE MOVED UP ON THE AGENDA AT THE REQUEST OF CITY COUNCIL AND STAFF 30 of 231 Book 98 / Page 136 08-16-2016 Item No. 15 was taken up next PUBLIC HEARINGS CONDITIONAL USE PERMITS 2016 (403-31-1) 15. Public Hearing — Conditional Use Permit for beer and wine sales at Gama Produce located at 1605 East 4th Street. (Applicant: Susana Maza) (Case File 2015-28 CUP) (Planning) RECOMMENDATION: City Manager Leslie Deese stated that, based on new information just received, staff is recommending that the Public Hearing, Item #15, be pulled from tonight's agenda. POINT OF CLARIFICATION: It was clarified that, if pulled, the Hearing would be re -noticed and re -published as a new Public Hearing when appropriate. It was requested that everyone who submitted a speaker slip for the hearing be notified when a new hearing date is set if they have provided their complete contact information. ACTION: Motion by Cano, seconded by Mendivil, to pull Item No. 15 to allow further review. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison, Rios. Nays: Sotelo-Solis. Abstain: None. Absent: None. Item No. 25 was taken up next NEW BUSINESS ELECTION NOV 2004 — PROPOSITIONS (505-16-03) 25. City Council discussion of term limits for City Council members. (City Manager, City Clerk and City Attorney) **Continued from Council meeting of 6/21/16** RECOMMENDATION: Request Council direction. TESTIMONY: None. ACTION: Member Mendivil stated that he would like to, pull Item No. 25 for tonight and bring it back for a future meeting. Seconded by Cano. Carried by unanimous vote. PRESENTATIONS COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2016 (102-10-11) 1. Recognition of outgoing Student Council Representative, Reah Sahagun and introduction of incoming Student Council Representative, Jose Estrada by Sweetwater Principal Marylou Gavin. (City Clerk) 31 of 231 Book 98 / Page 137 08-16-2016 PRESENTATIONS (cont.) COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2016 (102-10-11) 2. Farewell to Miss National City and Court 2015, and Introduction of Miss National City and Court 2016. (Community Services) COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2016 (102-10-11) 3. Equinox Project's 2016 San Diego Regional Quality of Life Dashboard — Stephen Heverly, Senior Project Manager — Equinox Project COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2016 (102-10-11) 4. 6th Annual "Career Pathways to Success" Job Fair — Jacqueline Reynoso, President, National City Chamber of Commerce and Diane Rose, Executive Director, South County Career Center. CITY COUNCIL CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 5 (NCMC), Item No. 6 (Minutes), Item Nos. 7 through 11 (Resolution No. 2016-115 through 2016-119), Item Nos. 12 through 14 (Warrant Registers). Motion by Sotelo-Solis, seconded by Mendivil, to pull Item No. 11, and to approve the remainder of the Consent Calendar. Carried by unanimous vote. MUNICIPAL CODE 2016 (506-2-31) 5. MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE WAIVING OF THE READING OF THE TEXT OF THE ORDINANCES CONSIDERED AT THIS MEETING AND PROVIDING THAT SUCH ORDINANCES SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING OF THE TITLE ONLY. (City Clerk) ACTION: Approved. See above. APPROVAL OF MINUTES 6. APPROVAL OF THE MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF AUGUST 2, 2016 AND THE CORRECTED MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF JUNE 21, 2016. (City Clerk) ACTION: Approved. See above. 32 of 231 Book 98 / Page 138 08-16-2016 CONSENT CALENDAR (cont.) EQUIPMENT / VEHICLE PURCHASE ADMIN (209-1-1) 7. Resolution No. 2016-115. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE BID PROCESS PURSUANT TO NCMC 2.60.220(B) AND (C) FOR THE SOLE SOURCE PURCHASE OF FIVE (5) ZOLL X SERIES MANUAL MONITOR/DEFIBRILLATORS WITH ACCESSORIES FROM ZOLL MEDICAL CORPORATION IN THE AMOUNT OF $89,463.40 TO BE ADDED TO THE $80,490.00 FROM THE REGIONAL COOPERATIVE CARE PROGRAM RCCP/AMR TOTALING $169,953.40. (Fire) ACTION: Adopted. See above. GRANT / LIBRARY (206-4-10) 8. Resolution No. 2016-116. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING THE ACCEPTANCE OF $18,000 GRANT FROM THE CALIFORNIA LIBRARY LITERACY SERVICES (CLLS) TO FUND THE LIBRARY'S LITERACY SERVICES FOR FY2016-17; AND AUTHORIZING THE ESTABLISHMENT OF FUND APPROPRIATIONS AND A CORRESPONDING REVENUE BUDGET. (Library) ACTION: Adopted. See above. PARKING & TRAFFIC CONTROL ADMIN 2016 (801-2-37) 9. Resolution No. 2016-117. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF 40 FEET OF RED CURB "NO PARKING" ALONG THE WEST SIDE OF EUCLID AVENUE IMMEDIATELY NORTH OF THE COMMERCIAL DRIVEWAY TO NATIONAL CITY PLAZA SHOPPING CENTER, LOCATED AT 2323 E. DIVISION STREET, TO ENHANCE VISIBILITY FOR DRIVERS EXITING THE SHOPPING CENTER. (TSC No. 2016-03) (Engineering/Public Works) ACTION: Adopted. See above. PARKING & TRAFFIC CONTROL ADMIN 2016 (801-2-37) 10. Resolution No. 2016-118. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE WITH SIGN IN FRONT OF THE RESIDENCE AT 624 E. 3RD STREET. (TSC No. 2016-05) (Engineering/Public Works) ACTION: Adopted. See above. 33 of 231 Book 98 / Page 139 08-16-2016 CONSENT CALENDAR (cont.) DOWNTOWN BUSINESS IMPROVEMENT DISTRICT (406-2-11) 11. Resolution No. 2016-119. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE FINAL AUDIT REPORT FOR THE MORGAN SQUARE BUSINESS IMPROVEMENT DISTRICT FOR THE PERIOD FROM JANUARY 1, 2008 THROUGH AND INCLUDING JUNE 30, 2014. (Planning) ACTION: Motion by Cano, seconded by Mendivil, to adopt the Resolution. Carried by unanimous vote. WARRANT REGISTER JULY 2015 — JUNE 2016 (202-1-30) WARRANT REGISTER JULY 2016 — JUNE 2017 (202-1-31) 12. Warrant Register #1 for the period of 06/29/16 through 07/05/16 in the amount of $2,860,739.05. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2016 — JUNE 2017 (202-1-31) 13. Warrant Register #2 for the period of 07/06/16 through 07/12/16 in the amount of $232,627.99. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2016 — JUNE 2017 (202-1-31) 14. Warrant Register #3 for the period of 07/13/16 through 07/19/16 in the amount of $3,498,058.40. (Finance) ACTION: Ratified. See above. PUBLIC HEARINGS CONDITIONAL USE PERMITS 2016 (403-31-1) 15. Public Hearing — Conditional Use Permit for beer and wine sales at Gama Produce located at 1605 East 4th Street. (Applicant: Susana Maza) (Case File 2015-28 CUP) (Planning) RECOMMENDATION: Staff recommended the Public Hearing be pulled from the agenda to allow further review. TESTIMONY: None. ACTION: Pulled from the agenda at the beginning of the meeting. See above. 34 of 231 Book 98 / Page 140 08-16-2016 PUBLIC HEARINGS (cont.) CITY — OWNED LAND / SALE — LEASE (1001-1-1) CONTRACT (C2006-28) 16. Public Hearing conducted in accordance with California General Code Section 52201 to discuss and consider the findings of a Summary Report pertaining to the sale and conveyance of certain Real Property located in the City of National City with a street address of 1640 E. Plaza Blvd., (APN # 557-410-20), from the City of National City to Palm Plaza Associates, LLC pursuant to a Real Property Purchase and Sale Agreement and Joint Escrow Instructions. (Housing and Economic Development) RECOMMENDATION: Conduct the Public Hearing. TESTIMONY: Mike Jariwala, National City, expressed in interest in purchasing the property. ACTION: Motion by Sotelo-Solis, seconded by Mendivil, to close the Public Hearing. Carried by unanimous vote. NON CONSENT RESOLUTIONS CITY — OWNED LAND / SALE — LEASE (1001-1-1) CONTRACT (C2006-28) 17. Resolution No. 2016-120. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE FINDINGS MADE IN THE SUMMARY REPORT PURSUANT TO CALIFORNIA GENERAL CODE SECTION 52201 PERTAINING TO THE SALE OF A 1.07-ACRE PARCEL OF VACANT LAND LOCATED AT 1640 EAST PLAZA BLVD. IN NATIONAL CITY TO PALM PLAZA ASSOCIATES, LLC AND APPROVING A REAL PROPERTY PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS FOR SAID VACANT LAND. (Housing & Economic Development) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Rios, to adopt the Resolution. Carried by the following vote, to -wit: Ayes: Cano, Morrison, Rios, Sotelo-Solis. Nays: Mendivil. Abstain: None. Absent: None. 35 of 231 Book 98 / Page 141 08-16-2016 NON CONSENT RESOLUTIONS (cont.) PROPERTY TAX RATE BONDED INDEBTEDNESS ADMIN (205-2-2) 18. Resolution No. 2016-121. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REDUCING THE PROPERTY TAX RATE FOR THE LIBRARY GENERAL OBLIGATION BONDS FOR FISCAL YEAR 2017 FROM 0.92 CENTS PER $100 OF ASSESSED VALUATION TO 0.88 CENTS, A DECREASE OF 4.55%. (Finance) RECOMMENDATION: Adopt the Resolution, reducing the property tax rate for the Library General Obligation Bonds for Fiscal Year 2017 from 0.92 cents per $100 of assessed valuation to 0.88 cents. TESTIMONY: None. ACTION: Motion by Mendivil, seconded by Rios, to adopt the Resolution. Carried by unanimous vote. CONDITIONAL USE PERMITS 2016 (403-31-1) 19. Resolution No. 2016-122. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A CRAFT BEER TASTING ROOM (NOVO BRAZIL) AT 27 & 41 EAST 8TH STREET. (Applicant: Joshua Renner) (Case File 2016- 12 CUP) (Planning) RECOMMENDATION: Adopt the Resolution. TESTIMONY: Janice Martinelli, National City, spoke in opposition. Christina Pearson, National City, expressed concerns and spoke in opposition. ACTION: Motion by Rios, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. STREET VACATION ADMIN 2011-2020 (902-26-6) 20. Resolution No. 2016-123. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE EXECUTION OF AN ORDER OF VACATION OF 250 FEET OF A AVENUE LOCATED SOUTH OF EAST 28TH STREET AND NORTH OF EAST 29TH STREET. (Applicant: Frank Motors) (Case File No. 2013-23 SC) (Planning) RECOMMENDATION: None. TESTIMONY: Joseph Leon, National City, spoke in opposition. Jonathan Romero, National City, spoke in opposition. Juan Romero, National City, spoke in opposition. ACTION: Motion by Morrison, seconded by Sotelo-Solis, to adopt the Resolution. Second withdrawn. Motion by Sotelo-Solis, seconded by Rios, to come back with a Resolution to deny the street closure. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Rios, Sotelo-Solis. Nays: Morrison. Abstain: None. Absent: None. EXPARTE DISCLOSURE: Members Morrison and Mendivil disclosed that they had contact with residents prior to the meeting. 36 of 231 Book 98 / Page 142 08-16-2016 NON CONSENT RESOLUTIONS (cont.) CONTRACT (C2016-34) 21. Resolution No. 2016-124. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AWARDING A CONTRACT TO PORTILLO CONCRETE, INC. IN THE NOT -TO -EXCEED AMOUNT OF $2,496,925 FOR THE SEWER LINE REPLACEMENT AND UPSIZING PROJECT, CIP NO. 16-05; 2) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $374,538.75 FOR ANY UNFORESEEN CHANGES; 3) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT; AND 4) AUTHORIZING THE APPROPRIATION OF $1,500,000 IN THE SEWER UPSIZING CIP ACCOUNT FROM SEWER SERVICE FUND BALANCE. (Engineering/Public Works) RECOMMENDATION: Adopt the Resolution awarding a contract to Portillo Concrete in the not -to -exceed amount of $2,496,925 for the Sewer Line Replacement and Upsizing Project, CIP No. 16-05. TESTIMONY: None. ACTION: Motion by Mendivil, seconded by Rios, to adopt the Resolution. Carried by unanimous vote. NEW BUSINESS TEMPORARY USE PERMITS 2016 (203-1-32) 22. Temporary Use Permit — Pumpkin Station hosted by Pinery Christmas Trees, Inc. at Westfield Plaza Bonita Mall from September 23, 2016 thru October 31, 2016 with no waiver of fees. (Neighborhood Services) RECOMMENDATION: Approve the application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Cano, to approve staff recommendation. Carried by unanimous vote. EL TOYON PARK ADMIN / TINY TOTS (702-6-1) 23. City Council direction regarding parking options for El Toyon Park parking lot. (Engineering/Public Works) RECOMMENDATION: Provide direction to staff regarding options for El Toyon Park parking lot. TESTIMONY: Rita Heuss, National City, urged the Council to do the right think. ACTION: Motion by Cano, seconded by Mendivil, to approve Option #2. Carried by unanimous vote. 37 of 231 Book 98 / Page 143 08-16-2016 NEW BUSINESS (cont.) COUNCIL POLICY MANUAL (102-13-1) 24. City Council Policy #118 — City Council attendance at staff -level working groups. (City Manager) RECOMMENDATION: Request Council direction. TESTIMONY: None. ACTION: Motion by Mendivil, that Policy #118 again be retroactive two years back and at this point in time the rotation occurs at this point in time so that the policy takes effect immediately. Mayor Morrison said he didn't get the last part of the motion. Member Mendivil clarified; that this policy take effect immediately meaning it's retroactive so that the person that's on this committee at this time would rotate off now because that person has already been on for two years and subsequent years would continue in that fashion. Vice Mayor Cano asked that the motion be repeated. Member Mendivil clarified; I would like to move that City Council Policy No. 118 be retroactive from the June 21st meeting, two years back, so that at this point in time the person rotates off and in subsequent years it continues in that fashion, so the motion is about the retroactivity. POINT OF ORDER: Member Rios asked if the motion was legal under the circumstances with the case studies we have? City Attorney Silva responded that there is nothing on point for this very unique situation. Member Rios stated for the record that she intends to challenge the motion and inquired if there can be a motion and vote if she is going to challenge it? City Attorney Silva responded that there is nothing to preclude the vote. If the Council wants to take a vote and then wants additional information, they can direct that come back. Mayor Morrison inquired if there is a likelihood of more information. City Attorney Silva responded that the retro-activity is something that is being mentioned on the dais tonight for the first time and in that instance it has not been discussed before, so if the Council would like to take more time that would be helpful to look at. ACTION: Vice Mayor Cano seconded the motion. Motion carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison. Nays: Rios, Sotelo-Solis. Abstain: None. Absent: None. 38 of 231 Book 98 / Page 144 08-16-2016 NEW BUSINESS (cont.) ELECTION NOV 2004 — PROPOSITIONS (505-16-03) 25. City Council discussion of term limits for City Council members. (City Manager, City Clerk and City Attorney) **Continued from Council meeting of 6/21/16** RECOMMENDATION: Request Council direction. TESTIMONY: None. ACTION: Pulled from the agenda at the beginning of the meeting. See above. COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY NO AGENDA ITEMS MAYOR AND CITY COUNCIL Member Mendivil said, "I would like to take this time to publically apologize to Mrs. Rios if there is any way, that anything I've said or done that has hurt you, I ask for your forgiveness". Member Mendivil praised the Relay for Life event and said it is an awesome event that defines National City and reported that had the honor to attend an Eagle Scout Court of Honor for Paul Ruiz on Saturday. Member Sotelo-Solis said the meeting involved a lot of great work and dialogue and thanked staff for all their reports and information. She expressed concern about the retroactive component of the last vote, reported on the walk audit conducted on the West Side and her concerns about out -reach and attendance and thanked staff for quickly addressing the ball field issue and replacing the missing home plate. Member Rios said, "I would first like to say to my colleague (Mr. Mendivil), you didn't hurt my feelings...I am not hurt in any way from your decisions. I'm just very disappointed in them." Member Rios said two things that she saw during the meeting that she was proud of is that the Council does listen to the residents and she hopes residents will realize their presence is important. Member Rios also reported an incident that that came to her attention regarding a Police officer who stopped to render assistance to a motorist with a flat tire. That speaks to the caliber of employees we have. 39 of 231 Book 98 / Page 145 08-16-2016 MAYOR AND CITY COUNCIL (cont.) Mayor Morrison praised the Relay for Life as a very awesome and successful event where many people come out trying to raise money and make a difference. The Mayor said he has received rave reviews about the improvements in El Toyon Park and comments from people about all the other construction and projects going on in the city and expressed appreciation to City Staff and the contractors doing the work. CLOSED SESSION REPORT City Attorney Claudia Silva stated there was nothing to report from the Closed Session. (See attached Exhibit `L') ADJOURNMENT Motion by Sotelo-Solis, seconded by Mendivil, to adjourn the meeting to the next Regular Meeting of the City Council and Community Development Commission — Housinq Authority of the City of National City to be held Tuesday, September 6, 2016 at 6:00 p.m. at the Council Chambers, National City, California. Carried by unanimous vote. The meeting closed at 10:22 p.m. City Clerk The foregoing minutes were approved at the Regular Meeting of September 20, 2016. v Mayor 40 of 231 EXHIBIT `L' CALIFORNIA ^-<-1- NATIONAL CITY ( aI INCORPORATED AGENDA OF A SPECIAL MEETING CITY COUNCIL OF THE CITY OF NATIONAL CITY AND SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY Main Conference Room Civic Center 1243 National City Boulevard National City, California Special Meeting — Tuesday, August 16, 2016 — 5:00 p.m. ROLL CALL CLOSED SESSION CITY COUNCIL 1. Conference with Labor Negotiators — Government Code Section 54957.6 Agency Designated Representatives: Stacey Stevenson Employee Organization: Confidential Group 2. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(d)(1) City of National City, Successor Agency v. Morgan Square, Inc. San Diego Superior Court Case No. 37-2013-00054606-CU-OR-CTL SUCCESSOR AGENCY 3. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(d)(1) City of National City, Successor Agency v. Morgan Square, Inc. San Diego Superior Court Case No. 37-2013-00054606-CU-OR-CTL ADJOURNMENT Next Regular City Council and Successor Agency Meetings: Tuesday, August 16, 2016, 6:00 p.m., Council Chambers, Civic Center 41 of 231 CC/CDC-HA Agenda 9/20/2016 — Page 42 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Chief of Police to enter into agreement with Lexipol LLC to provide content for Law Enforcement Policy Development and Law Enforcement Training Subscription Services from Septembe 42 of 231 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 20, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Chief of Police to enter into agreement with Lexipol LLC to provide content for Law Enforcement Policy Development and Law Enforcement Training Subscription Services from September 21, 2016 through September 21, 2017, with optional three one-year extensions. PREPARED BY: Jose Tellez, Captain PHONE: Ext. 4513 EXPLANATION: Refer to Attachment DEPARTMENT: Police APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Funds available in - 001-411-000-299-0000 (Contract Services) $55,245 ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Approve Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Staff Report Standard Agreement 43 of 231 WO-WORN-1A TIO `. r micouPoitterzo 11344 ; Vim *' t" NATIONAL CITY POLICE DEPARTMENT STAFF REPORT DATE: September 6, 2016 SUBJECT: Resolution of the City Council of the City of National City authorizing the Chief of Police to enter into agreement with Lexipol LLC to provide content for Law Enforcement Policy development and Law Enforcement Training Subscription Services SUMMARY: It is recommended the City Council approve the Resolution of the City Council of the City National City to enter into agreement with Lexipol for materials / content for the formulation of Police Department Policies and Procedures. Lexipol provides law enforcement agencies content recommendations for standard language in the development of policies and procedures, compliant with the current legal requirements. Several police agencies in San Diego County use Lexipol content to develop and standardize their policies and procedures. BACKGROUND: Lexipol is the country's leading source of risk management resources fqr public safety organizations delivered through web -based policy manuals, training, and supplemental publications. The Lexipol policy and training system is used by public safety agencies throughout the country to reduce risk and stay current on litigation trends while providing policy guidance to agencies. Policy manuals are a perishable tool and need regular review and updating. Lexipol is designed to provide agencies well researched guidance and material. Lexipol consistently monitors issues affecting Law Enforcement to develop new policies and improve existing policies to reflect changes from precedent setting court decisions, legislation, best practices, and new issues facing agencies. Any changes to the manual are archived to allow specific document access years later to support litigation defense or other needs. 1200 National City Boulevard, National City, CA 91950 (619) 336-4511/Fax (619) 336-4525 www.nationalcitvca.,iov 44 of 231 1 For the last eleven years, Lexipoi's expert legal team has provided materials to set policy for public safety agencies by providing content specific to each state. The Lexipol content policy manual is arranged consistent with the way Law Enforcement operates and can be indexed to be compliant with national accreditation standards. Agencies review the content draft, and if necessary, make changes that reflect unique needs of the agency prior to adopting policies. The greatest areas of editing typically are in sections where the agency wants more detailed procedural guidelines than Lexipol content policy provides. In those cases, agencies can customize a policy or policies and/or accept the draft as a complete regulatory and operational policy manual for immediate use. There is no indemnification clause, mutual or otherwise, in the contract with Lexipol. Lexipol only provides materials and content for consideration by agencies. The Chief of Police, after review by the City Attorney's Office, has final authorization to adopt Lexipol content for the formalization of Police Department Policies and Procedures. Lexipol is used by several agencies in San Diego County to include: Carlsbad Police Department Chula Vista Police Department San Diego State Police Department San Diego Harbor Police Department Oceanside Police Department UC San Diego Police Department FISCAL IMPACT: The contract with Lexipol for services include the basic annual subscription, the Daily Training Bulletin Component, a Procedural Shell which allows the Police Department Policy to be accessed on-line or via mobile app, the Implementation Fast Start Program, and Implementation Services. The Implementation Services is a one-time cost service that enhances the Implementation Fast Start Program. Often, agencies need additional support in the form of a Program Manager for the full implementation of the final Policies & Procedures Manual. The Implementation Services allows for a Project Manager to work with the agency as needed. A Project Manager will be assigned to the police department and work with department representatives and develop policies which will be standardized and customized to our department's specific needs. The Project Manager works with staff primarily via the Internet, emails, USPS, and phone calls. 45 of 231 2 Term T FY 16117 LE Policy & Training Subscription Annual Fee $14,245 Procedural Shell Annual Fee $1,500 Implementation Fast Start Program One Time Fee $9,500 Implementation Services (not to exceed 200 hours) One Time Fee $30,000 Total Cost $55,245 The duration of this agreement is for the period of September 21, 2016 through September 21, 2017, with an optional three one-year extensions. RECOMMENDATION: The Police Department recommends approval of the agreement. JT 46 of 231 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND Lexipol LLC THIS AGREEMENT is entered into an this 20th day of September, 2016, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and LEXIPOL LLC, a limited liability company (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ CONSULTANT to provide Law Enforcement Policy and Training Subscription Services which includes policies that reflect up to date, applicable industry standards and best practices, customized content for law enforcement agencies subject to the laws of the State of California, daily scenario -based training that reinforces CITY approved policies and procedures, and regular updates to CITY policies and procedures as statutes, case law, and regulations change. WHEREAS, CONSULTANT will provide a Procedural Shell for such services allowing CITY to electronically link agency -specific procedural content to CITY'S policy manual and CONSULTANT'S online platform and will provide an Implementation Fast Start Program, as well as general Implementation Services including assigning a LEXIPOL Project Manager to assist the CITY in implementing the new services as needed, not to exceed 200 hours. WHEREAS, the CITY has determined that the CONSULTANT is an expert in Law Enforcement Policy and Training Subscription services and providing policy and training solutions, is qualified by experience and ability to perform, the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT to provide Law Enforcement Policy and Training Subscription Services, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on September 21, 2016. The duration of this Agreement is for the period of September 21, 2016 through September 21, 2017. Completion dates or time durations for specific portions of the Project are set forth in Exhibits "1" and "B". This Agreement may be 47 of 231 extended by mutual agreement upon the same terms and conditions for an additional one (I) year term. The Parties may exercise up to three one-year extensions. Any extension of this Agreement must be approved in writing by the Chief of Police. 3. SCOPE OF SERVICES. CONSULTANT will provide Law Enforcement Policy and Training Subscription services which includes policies that reflect up to date, applicable industry standards and best practices, customized content for law enforcement agencies subject to the laws of the State of California, and daily scenario -based training that reinforces CITY approved policies and procedures. CONSULTANT will provide regular updates to CITY policies and procedures as statutes, case law, and regulations change. CONSULTANT will provide a Procedural Shell for such services allowing CITY to electronically link agency -specific procedural content to CITY'S policy manual and CONSULTANT'S online platform. CONSULTANT will provide a one-time Implementation Fast Start Program including general Implementation Services which includes assigning a LEXIPOL Project Manager to assist the CITY in implementing the new services as needed, not to exceed 200 hours. The scope of services are further set forth and detailed in the attached Exhibits "1", "A" and "B", and are incorporated herein. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. Captain Jose Tellez hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Shiri Tyner shall be the Executive Project Manager and Jim Marker shall be the Associate Project Manager for the CONSULTANT. 5. COMPENSATION AND PAYMENT. Compensation and payment is set forth and detailed in the attached Exhibits A and B. The total cost for all work described in Exhibit "A" shall not exceed $55,245 for the period of September 21, 2016 through September 21, 2017 This includes implementation services which are billed at $150.00 per hour, for time and materials, and which will not exceed 200 hours. Invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibits "A" and "B", as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for 2 City of National City and Lexipol LLC 48 of 231 three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 6. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein maybe assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees, except as herein set forth, and the CONSULTANT or the CONSULTANT'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being understood that the CONSULTANT its agents, servants, and employees are as to the CITY wholly independent CONSULTANT, and that the CONSULTANT'S obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 3 City of National City and Lexipol LLC 49 of 231 10. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 11. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT'S professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT 4 City of National City and 1.4xipol LLC 50 of 231 shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13 however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. The CITY is subject to the Public Records Act and this provision is not intended to impede or impair the requirements or obligations under that Act. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 13. 14. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 15. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following checked insurance policies: A. ❑ If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, 5 City of National City and Lexipoi LLC 51 of 231 covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate e additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. Insurance shall be written with only California admitted companies that hold a current policy holder's alphabetic and financial size category rating of not less than A: VII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. H. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. I. All deductibles and self -insured retentions in excess of $? 0,000 :rust be disclosed to and approved by the CITY. 16. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not 6 City of National City and Lexipoi LLC 52 of 231 be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount ofattorney's fees incurred by the prevailing party. 17. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 18. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 19. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or 7 City of National City and Lexipol LLC 53 of 231 sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Manuel Rodriguez Chief of Police National City Police Department City of National City 1243 National City Boulevard National City, CA 91950-4397 To CONSULTANT: Michael Renoux Director Contracts Lexipol LLC 6B Liberty Suite 200 Aliso Viejo, CA 92656 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute'receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 20. CONFLICT 0 INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. 8 City of National City and Lexipol LLC 54 of 231 ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 20 by the CONSULTANT. 21. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3,1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.rn. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits or schedules or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. 9 City of National City and Lexipol LLC 55 of 231 J. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Subcontractors or Subconsultants. The City is engaging the services of the CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the City in writing. In the event any portion of the work under this Agreement is subcontracted, the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor of the City, the insurance provisions in Section 15 of this Agreement. M. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney LEXIPOL LLC (Corporation — signatures of two corporate officers required) (Partnership or Sole proprietorship — one signature) By: Van Holland Chief Financial 0 By: 10 Chief Executive Officer City of National City and L.exipoi LLC 56 of 231 Exhibit 1 Agency's Name: Agency's Address: Lexipoi's Address: Effective Date: Laililol Pf;FUIC1/+F?l.F IF' PI;FVHIIAPI F AGREEMENT FOR USE OF SUBSCRIPTION MATERIAL National City Police Department Attention: Capt. Jose Teliez 6B Liberty, Suite 200 Aliso Viejo, CA 92656 Attention: (to be completed by Lexipol upon receipt of signed Agreement) The Agreement for Use of Subscription Material is between Lexipol, LLC, a Delaware limited liability company ("Lexlpar), and the Agency identified above. The Agreement consists of the AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY and Lexipol LLC, (a) this cover sheet; (b) Exhibit A (Subscriptions Being Purchased and Subscription Fees) attached to this cover sheet (consisting of 1 page), and (e) Exhibit JI3 (General Terms and Conditions) attached to this cover sheet (consisting of 5 pages). Capitalized terms that are used In Exhibit A and not defined therein shall have the respective meanings given to them in Exhibit B. AGENCY LEXIPOLLL C Signature: Signature: Print Name: Print Name: Van Holland Title: Title: Chief Financial pffjcer Date Signed: Date Signed: 'f J 1 b Copyright 2015 ® Lexipol, LLC 1995-2015 Rev 10/28/15 1 57 of 231 EXHIBIT A SUBSCRIPTIONS BEING PURCHASED AND SUBSCRFPTION FEES Agency is purchasing the following: PRODUCT Law Enforcement Policy and Training Subscription TERM Annual Fes PRICE $ 14,245.00 Procedural Shed $ 1,500.00 Implementation Fast Start Program One -Time Fee .:. $ 9,500.00 implementation SeMwes (as needed - not to exceed 200 hours at $150 per hour) Time and Materials $ 30 000.00 $ $ Total : $ 55,245.00 Implementation Services will be performed on a Time and Materials basis, Lexipol will utilize a Project Manager that recommends content, but Agency will determine policy as noted In Section 8. below. effort not to exceed 200 hours. Pricing is based on 76 `'100 ® No. of Authorized Sworn Officers, El No. of Beds, or Q No. of Authorized Staff (insert #) Copyright 2015 ®Lexlpol, LLC 1995 2015 58 of 231 Rev 10/28115 EXHIBIT B GENERAL TERMS AND CONDITIONS 1. Definitions. For purposes of this Agreement, each of the following terms will have the meaning indicated in this Section: 1.1 p.uencv's Account. "Agency's Accounr means the account by which Agency accesses the Subscription Materials. 1.2 Agreement. "Agreement" means (a) AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND Lexipol LLC, (b) Exhibit 1 (the cover sheet to which these General Terms and Conditions are attached), (c) Exhibit A (Subscriptions Being Purchased and Subscription Fees) attached to that cover sheet, (d) Exhibit @ (these General Terms and Conditions). 1.3 !nitIe Term/Contract Year. 'Initial Tenn" means the tweeive-month period commencing en the Effective Date and "Contact Yea? means each twelve-month period commencing on each anniversary of the Effective Date, except as may otherwise be modified by Section 2.1 Term below. 1.4 Derivative Work. "Derivative Work" means a work that is based on the Subscription Material or any portion thereof, such as a revision, modification, abridgement, condensation, expansion, or any other form in which the Subscription Material or any portion thereof may be recast, transformed, or adapted. For purposes of this Agreement, a Derivative Work also includes any compilation that incorporates any portion of the Subscription Material. Further, "Derivative Wort( includes any work considered a "derivative work" under United States copyright law. 1.5 Effective Date. "Effective Date" means the date specified on the cover sheet to which these General Terms and Conditions are attached. 1.8 Subscription Materials. "Subscription Materials" means the policy manuals, supplemental policy publications, daily training bulletins and other materials provided by Lexipol to Agency from time to time during the term of this Agreement under the subscriptions purchased by Agency as specified in Exhibit A. 2. Term and Termination. 2.1 111m. This Agreement is effective upon the execution and delivery of this Agreement by both Lexipol and Agency, and shall continue in effect until the expiration of the Initial Term; provided, however, that the term of this Agreement will automatically be extended for successive one-year periods thereafter (each a Contract Year), unless either party gives written notice to the other party to the contrary not Tess than thirty (30) days prior to the expiration of the Initial Term or the then current Contract Year, as the case may be. Notwithstanding the foregoing, however, this Agreement will be subject to termination as provided in Section 2.2 below. 2.2 Termination. This Agreement may be terminated by either party, effective !mmedietely, (a) In the event that the other party falls to discharge any obligation or remedy any default under this Agreement for a period of more than thirty (30) calendar days after it has been given written notice of such failure or default; or (b) in the event that the other party makes an assignment for the benefit of creditors or commences or has commenced against it any proceeding in bankruptcy, insolvency or reorganization pursuant to the bankruptcy laws of any applicable jurisdiction. 2.3 Affect of Exoiratdn or Termination. Upon the expiration or termination of this Agreement, all of the rights granted to Agency by this Agreement to the subscriptions identified on Exhibit A shall automatically terminate. The termination or expiration of this Agreement shall not, however, Copyright 2015 Lexipol, LLC 1995-2015 Rev 10/28/15 59 of 231 1 relieve either party from any obligation or liability that has accrued under this Agreement prior to the date of such termination or expiration. The right to terminate this Agreement pursuant to Section 2.2 above shall be in addition to, and not in lieu of, any other remedy, legal or equitable, to which the terminating party shall be entitled at law or in equity. The provisions of Sections 1 (Definitions), 4 (Copyright; Derivative Works; Lexipot's Ownership), 5 (Right to Use; Limitations on Use of Subscription Material and Derivative Works), 7 (Privacy Policy), 8 (Policy Adoption), 9 (Disclaimer of Liability), 10 (Limitation of Liability), 12 (Miscellaneous), and this Section 2.3 shall survive the expiration or termination of this Agreement for any reason whatsoever. 3. Subscription Fees. Etc. 3.1 Subscriotion Fee/Invoicing. Lexipol will invoice Agency at the commencement of the Subscription Service (Initial Term) and thirty (30) days prior to the date for each Contract Year (refer to 2.1 above). Agency will pay to Lexipol the subscription fee specified on Exhibit A within thirty (30) days following Agency's receipt of the invoice for such subscription and renewal fees. Ail Invoices will be sent to Agency at the address for Agency specified on the cover sheet to which these General Terms and Conditions are attached. Ali payments will be made to Lexipol at the address for Lexipol specified on the cover sheet to which these General Terms and Conditions are attached. Lexipol reserves the rtght to increase pricing for subsequent Contract Years. 3.2 Taxes: Past Due Amounts. All amounts required to be paid under this Agreement, unless otherwise stated on Exhibit A, are exclusive of all taxes and similar fees now in force or enacted in the future imposed on the subscriptions purchased by Agency under this Agreement andior delivery by Lexipol to Agency of Subscription Material, all of which Agency will be responsible for and will pay in full, except for taxes based on Lexipol's net income. In the event any amount owed by Agency is not paid when due, and such failure is not cured within ten (10) days after written notice thereof from Lexipol, then in addition to any other amount due, Agency shall pay a late payment charge on the overdue amount at a rate equal to the lower of (a) one percent (1%) per month, or (b) the highest rate permitted by applicable law. 4. Copyright: Derivative Works: Lexiool's Ownership. Agency acknowledges and agrees that the Subscription Material is a proprietary product of Lexipol, protected under U.S. copyright law, and that Lexipol reserves all rights not expressly granted in this Agreement. Subject to the terms and conditions contained in this Agreement, Lexipol hereby grants Agency the right to prepare Derivative Works, except as limited by the terms of this agreement; provided, however, that Agency acknowledges and agrees that Lexipol will be the sole owner of all right, title and interest in and to all Derivative Works prepared by or for Agency, including all copyrights and other intellectual property and proprietary rights therein or pertaining thereto, and Agency hereby assigns and transfers to Lexipol ail right, titie and interest in and to all Derivative Works prepared by or for Agency, including all copyrights and other intellectual property and proprietary rights therein or pertaining thereto. Agency will not remove from any copies of the Subscription Material provided by Lexipol to Agency any copyright notice or other proprietary notice of Lexipol appearing thereon, and shall Include such copyright and other notices at the appropriate place on each copy of the Subscription Material and each copy of any Derivative Work made by or for Agency, in any form. 5. Richt to Use: Limitations on Use of Subscription Material and Derivat€ve Work& Subject to the terms and conditions contained in this Agreement, Lexipol hereby grants to Agency a perpetual, personal, fully paid -up, right to use, except as limited by the terms of this agreement the Subscription Material and any Derivative Works prepared by or for Agency, solely for the Agency's internal purposes. Agency will not use, copy, republish, lend, distribute, post on servers, transmit, redistribute, display, in whole or in part, by any means or medium, electronic or mechanical, or by any information storage and retrieval system, any Subscription Material or any Derivative Work prepared by or for Agency other than as expressly authorized by the immediately preceding sentence. Without limiting the generality of the foregoing, Agency will not import, upload, or otherwise make available any Subscription Material or any Derivative Work prepared by or for Agency into or onto any third party Copyright 201500 Lexipol, LLC 1995-2015 60 of 231 Rev 10/28/15 2 knowledge, document, or other content management system or service without Lexipol's prior written consent. 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Miscellaneous. 13.1 Governino Law, This Agreement shall be construed in accordance with, and govemed by, the laws of the State of California, without giving effect to any choice of law doctrine that would cause the law of any other jurisdiction to apply. 13.2 Entire Acreernent. This Agreement, as defined in Section 1.2, embodies the entire agreement and understanding of the parties hereto and hereby expressly supersedes any and all prior written and oral agreements and understandings with respect to the subject matter hereof, including without limitation any and all agreements and understandings pertaining to the use of the Subscription Materials by Agency. No representation, promise, inducement, or statement of intention has been made by any party hereto that is not embodied in this Agreement. 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Copyright 2015 0 Lexipol, LLC 1995-2015 62 of 231 Rev 10/28/15 4 13.8 Notices. Any notice required by this Agreement or given in connection with It, shall be in writing and shall be given by personal delivery, by certified mail, postage prepaid, or by recognized overnight delivery service to the appropriate party at the address of such party stated on the cover sheet to which these General Terms and Conditions are attached, or such other address as such party may indicate by a notice delivered to the other party in accordance with the terms of this Section. Alternatively, electronic mail or facsimile notice is acceptable when acknowledged by the receiving party. 13.8 invalidity of Provisions. Each of the provisions contained in this Agreement is distinct and severable and a declaration of invalidity or unenforceability of any such provision or part thereof by a court of competent jurisdiction shall not affect the validity or enforceability of any other provision hereof. 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End of General Terms and Conditions Copyright 2015 ® Lexipol, LLC 1995-2015 Rev 10/28/15 5 63 of 231 RESOLUTION NO. 2016 — 146 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHIEF OF POLICE TO ENTER INTO AGREEMENT WITH LEXIPOL, LLC TO PROVIDE CONTENT FOR LAW ENFORCEMENT POLICY DEVELOPMENT AND LAW ENFORCEMENT TRAINING SUBSCRIPTION SERVICES FROM SEPTEMBER 21, 2016 THROUGH SEPTEMBER 21, 2017, WITH OPTIONAL THREE ONE-YEAR EXTENSIONS WHEREAS, Lexipol, LLC provides law enforcement agencies content recommendations for standard language in the development of policies and procedures, compliant with the current legal requirements, and is used by several police agencies in San Diego County; and WHEREAS, Lexipol is the Country's leading source of risk management resources for public safety organizations delivered through web -based policy manuals, training, and supplemental publications, which reduces risk and assists agencies with staying current on litigation trends while providing policy guidance to agencies; and WHEREAS, the National City Police Department desires to enter into an Agreement with Lexipol for the not to exceed amount of $55,245 for the basic annual subscription, the Daily Training Bulletin Component, a Procedural Shell that allows the Police Department Policy to be accessed on-line or via mobile app, the Implementation Fast Start Program, and Implementation Services; and WHEREAS, the term of the Agreement is for one year, from September 21, 2016 through September 21, 2017, with an option to extend for three one-year extensions. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Chief of Police to execute an Agreement with Lexipol, LLC to provide content for Law Enforcement Policy Development and Law Enforcement Training Subscription Services from September 21, 2016 through September 21, 2017, with optional three one-year extensions for the not to exceed amount of $55,245. PASSED and ADOPTED this 20th day of September, 2016. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor 64 of 231 CC/CDC-HA Agenda 9/20/2016 — Page 65 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, 1) awarding a contract to C.S. Legacy Construction, Inc. in the not -to -exceed amount of $612,243 for the Paradise Creek Educational Park Project, CIP No. 16-08; 2) authorizing a 15% contingency 65 of 231 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE September 20, 2016 AGENDA ITEM NO. ITEM TITLE° Resolution of the City Council of the City of National City, 1) awarding a contract to C.S. Legacy Construction, Inc. in the not -to -exceed amount of $612,243 for the Paradise Creek Educational Park Project, CIP No. 16-08; 2) authorizing a 15% contingency in the amount of $91,836.45 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. PREPARED BY: Jose Lopez, Junior Engineer - Civil DEPARTMENT: Engineering/Public Works PHONE: 619-336-4312 APPROVED BY: EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: 296-406-500-598-6191 (Prop 84 Grant — Paradise Creek Educational Park) — $562,243 001-409-500-598-7049 (Drainage Improvements) — $50,000 Funds are available in these accounts through prior City Council appropriations ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt Resolution awarding a contract to C.S. Legacy Construction, inc. in the not -to -exceed amount of $612,243 for the Paradise Creek Educational Park Project, CIP No. 16-08. BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENT.: 1. Explanation 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Resolution 66 of 231 EXPLANATION The project will expand Paradise Creek Educational Park, which is located on W. 19th Street behind Kimball Elementary School. Improvements include the removal of approximately 13,600 square feet of impervious pavement to instal[ an educational native plant walk with interpretive signage, a community garden, new pathways and walking trails, a bioretention basin to treat off -site run-off, and park furnishings. On July 20, 2016, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On July 22, 2016 and July 29, 2016, the bid solicitation was advertised in local newspapers. On August 22, 2016, six (6) bids were received electronically on PlanetBids by the 10:00 a.m. deadline. Bid results were available immediately after the 10:00 a.m. deadline. Fordyce Construction, Inc. was the apparent lowest bidder with a total base bid plus additive bid amount of $756,976.50. Upon review of all documents submitted, Fordyce Construction, Inc.'s bid was deemed "non -responsive" due to bid irregularities. C.S. Legacy Construction, Inc. was the second lowest bidder with a total base bid plus additive bid amount of $777,288.00. Upon review of all documents submitted C.S. Legacy Construction, Inc.'s bid was deemed responsive, and they are the lowest responsible bidder qualified to perform the work as described in the project specifications. Therefore, staff recommends awarding a contract to C.S. Legacy Construction, Inc. in the not -to exceed amount of $612,243 which includes the following: • Combined Base Bid amount of $590,421 o Includes the general improvements, site improvements, landscaping, drainage improvements, and earthwork. • Additive Bid amount of $21.822 o Includes construction of a catch basin, chain link fence and two gates, and a driveway for staff access to provide regular maintenance to Paradise Creek. Staff also recommends authorizing a 15% contingency in the amount of $91,836.45 to address any unforeseen conditions that may arise. Attached are the bid opening summary sheet and a line item summary of the three lowest bidders for reference. 67 of 231 NAME: CIP NO: DATE: TIME: : -' CALIFORNIA.._-•It NATIONAL CliTy . to Orconi.oanTO BID OPENING RESULTS PARADISE CREEK EDUCATIONAL PARK 16-08 Monday, August 22, 2016 10:00 A.M. ESTIMATE: $620,500 PROJECT ENGINEER: Kuna Muthusamy, P.E. NO, BIDDER'S NAME Grand Total* ADDENDA BID SECURITY -BOND 1 Fordyce Construction, Inc. 9932 Prospect Ave #138 Santee, CA 92071 $756,976.50 (Non -Responsive) Yes Bond 2 C.S. Legacy Construction, Inc 1461 S East End Ave Pomona, CA 91766 $777,288.00 Yes Bond 3 Palm Engineering Construction Company, Inc. 7730 Opportunity Rd. #J San Diego, CA 92111 $798,093.00 Yes Bond 4 M.A. Stevens Construction, Inc. 125 E 17th Street National City, CA 91950 $833,182.29 Yes Bond 5. Just Cons ruction, Inc. 3103 Market Street San Diego, CA 92102 $899,423.70 Yes Bond 6. Western Rim Constructors, Inc. 621 S Andreasen Drive, Suite B Escondido, CA 92029 $1,021,329.81 Yes Bond * If an additive, alternate or additive/alternate bid items are called for in the Contract Documents, the sum of the base bid and all additive, alternate and additive/alternate bids, if any, shall be used to determine the lowest responsive bid. 68 of 231 Bid Results for Paradise Creek Educational Park (CIP No. 16-08) Fordyce Construction, Inc Non -Responsive C.S. Legacy Construction, Inc. PALM LNGiNEEftING - CO "JSTRUCTION COMPANY, INC. Item No. Description Unit ; Qty, Unit price Extension {Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Rase Bid - Genera 1 Mobilization/Demobilization LS 1 $45,900.00 $45,900.00 ; $77,544.00 $77,544.00 $50,000.00 S60,000.00 2 Surveying and Construction Staking LS 1 $15,900.00 $15,900.00 $17,561.00 $17,561.00 $13,0Q0.00 S13,000.00 3 Signing and Striping LS 1 $3,200.00 $3,200.00 $4,231.00 $4,231.00 $6,000.00 1.-- 56,00G.00 4 Traffic Control LS 1 $3,700.00 $3,700.00 $6,656.00 $6,656.00 $30,000.00 _ S3.0,3.00.00 5 Clearing and Grubbing LS 1 $20,900.00 $20,900.00 $46,635.00 $46,635.00 $50,000.00 550,000,<:li.: 6 Water Pollution Control LS 1 $17,600.00 $1.7,60[1.00 $8,591.00 $8,591.00 $15,000.00 5 i 5.0-00,:!i_C Subtotal $107,200.00 $161,218.00 $164,000.00 case 13id - Site Improvements 7 Construct 4" PCC Sidewalk per SDRSD G-7, G-9, G-10, G-11 SF 965 $14.50 $13,992.50 $6,60 $6,369.00 $7.00 $6,755.00 , 8 Construct Curb Ramp (All Types) EACH 1 $5,100.00 $5,100.00 $2,261.00 $2,261.00 $3,500.00 $?.50`1.00 9 Construct 6" Curb per SDRSD G-1 LF 93 $48.50 $4,753.00 $22.00 $2,156.00 $40.00 $3,» LO.00 10 Construct 6" Curb and Gutter per SDRSD G- 2 LF 220 $40.00 $8,800.00 $30.00 $6,600.00 $30.00 $6,600.00 11 Furnish and install Composite Bender Board LF 2447 $10.00 $24,470.00 $8.00 $19,576.00 $10.00 $24,470.00 12 Construct Asphalt Concrete Pavement TON 40 5280.00 $11,200.00 $266.00 $10,640.00 $240.00 $9,600.00 13 Construction Crushed Aggregate Base TON 110 $65.00 $7,150.00 $58.00 $6,380.00 $40.00 $4,400.00 14 Type II REAS, Plant Mix GAL 240 $2 06 0 $6,240.00 I $70.50 $16,920.00 $10.00 $2,400.00 15 Furnish and Install Ornamental Fence LF 203 $126.00 $25,578.00 ' $193.00 $39,179.00 $140.00 $28,420.00 16 Furnish and Install Ornamental Fence Gate EACH 2 $3,100.00 $6,200.00 ; $1,792.00 $3,584.00 $2,200.00 54,400.00 ; 17 Contruct Chain Link Fence Double Gate EACH 1 $4,400.00 $4,400.00 $3,291.00 $3,291.00 $2,000.00 $2,1200.00 18 Refurbish and Relocate Existing Bollard EACH 4 $2,000.00 : 040.00 $419.00 $1,676.00 $800.00 52 200.00 69 of 231 Bid Results for Paradise Creek Educational Park (CIP No. 16-08) Fordyce Construction, Inc. Nor,-Responvve C.S. Legacy Construction, Inc. PALM tNGINEERING I CONSTRUCTION COMPANY, INC. !tern No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) 19 Furnish and Install Picnic Tables EACH 2 $3,000.00 $6,000.00 $2,506.00 $5,012.00 $2,800.00 $5,600.00 20 Construct Seven (7) Planter Boxes LS 1 $7,300.00 $7,300.00 $8,210.00 $8,210.00 $28,000.00 $28,000.00 21 Furnish and Install Compost Bin EACH 1 $400.00 $400.00 $263.00 $263.00 $500.00 $500.00 22 Furnish and Install Stabilized Decomposed Granite (4" Depth) TON 100 $110.00 $11,000.00� $68.00 $6,800.00 $160.00 $16,000,00 23 Restore Existing Stabilized Decomposed Granite Paths (2" Depth) TON 25 $140.00 $3,500.00 $68.00 $ 1,700.00 $200.00 $5 UJ0.00 24 Furnish and Install Shed EACH 1 $2,000.00 $2,000.00 $4,592.00 $4,592.00 $2,500.00 $2,500.00 25 Construct 0ul:door Wash Bin with Greywater infiltration System LS 1 $5,600.00 $5,600.00 $9,889.00 $9,889.00 $3,000.00 $3,000.00 26 Furnish and Install Storage Bin EACH 1 $300.00 $300.00 $230.00 $230.00 $600.00 $600.00 1 27 Furnish and Install Vertical Garden EACH 2 $800.00 $1,500.00 , $1,035.00 $2,070.00 $1,800.00 $3, .00 28 Furnish and Install Chalk Board EACH 1 $800.00 $800.00 $487.00 $487.00 $800.00 $800.00 29 Furnish and Install Permeable Pavers SF 1410 $17.00 $23,970.00 $11.00 $15,510.00 $16,00 $22,560.00 30 Construct Raised Deck LS 1 $37,900.00 $37,900.00 $37,388.00 $37,388.00 $50,000.00 $50,000.00 31 Furnish and Install Shade Sail LS 1 $5,400.00 $5,400.00 $10,791.00 $10,791.00 $15,000.00 $15,000.00 32 Construct Shade Sail Supports _ EACH 3 $2,300.00 $6,900.00 $2,320.00 $6,960.00 $1,500.00 $4,500.00 33 Construct Concrete Header Curb LF 405 $30.00 $12,150.00 $24.00 $9,720.00 $28.00 $11,340.00 34 Furnish and Irstall Modified Curb Outlet Type A per SDRSD D-25 EACH 1 $14,300.00 =,3O0r.Cti0 $8,323.00 $8,323.00 $2,500.00 $2,500-00 Subtotal $265,003.50 $24E.,577.00 $271,165,00 gaFQ Riff • L•iiielsearliw4 35 Landscaping LS L 1 $97,000.00 $97,000.00 $41,360.00 $41,360.00 $60,000.00 $60,000.00 36 Landscape 6 month Maintenance Period LS 1 $9,100.00 $9,100,00 $22,137.00 $22,137.00 $6,000.00 $6,000,00 37 Irrigation LS 1 $66,000.00 $66,000.00 $42,216.00 $42,216.00 $27,000.00 '.7,.000 Subtotal $172,100.00 $105,713.00 $93,000.00 nava 7 70 of 231 Bid Results for Paradise Creek Educational Park (CIP No. 16-08) Fordyce Construction, Inc. Non -Responsive C.S. Legacy Construction, Inc. PALM ENGINEERING CONSTRUCTION COMPANY, Item No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) 38 Gee Bid - Dry Improvexrs Construct Vegetated Bioretention Basin with 4'1 Perfo'ated Pipe SF 1200 $19.00 $22,800.00 $31.41 $37,692.00 $35.00 542,000,00 39 Construct Bioswale SF 400 $21.00 $8,400.00 $29.57 $11,828.00 $33.00 $13,200,00 40 Construct Concrete Lug per SDRSD D-63 EACI- 1 $900.00 $900..0. $3,515.00 $3,515.00 $1,000.00 1.3,000.00 Subtotal $32,100.00 $53,035.00 $56,200.00 Lase Bid - Earthwork 41 Unclassified Excavation L5 1 $38,300.00 $38,300.00 $12,578.00 L $12,578.00 $30,000.00 $30,000.00 42 Removal, disposal, and replacement of unsuitable material CY '50 $80.00 $4,000-01: $226.00 $11,300.00 $100.00 $5,000.00 Subtotal $42,300.00 $23,878.00 $35,000.00 Additive: F3id 43 Communications, Fiber, and Camera System LS 1 $5,700.00 $5,700.00 $57,341.00 r $57,341.00 $61,000.00 $61,000.00 44 Lighting and Electrical LS 1 $96,400.00 $96,400.00 $107,704.00 $107,704.00 $100,000.00 5100,M0.00 45 Construct Modified Catch Basin - Type F EACH 1 $23,700.00 $23,700.00 $13,023.00 $13,023.00 $12,000.00 ;; L2(Vhi rr. 46 Furnish and Irstall 6' High Chain Link Swing Gate per SDRSD M-5 (L-7') EACH 1 $1.,400.00 $1,400.00 $1,058.00 $1,058.00 $1,500.00 S1.50o.00 47 Furnish and Install 6' High Chain I.ink Swing Gate per SDRSD M-5 {L=12') EACH 1 $2,300.00 $2,300.00 $1,881.00 $1,881.00 $2,400.00 $2,400.00 48 Furnish and Install 6' High Chain Link Fence per SDRSD M-6 LF 19 $57.00 $1,653.00 $196.00 $5,684.00 L $52.00 $1,508.00 49 Construct Concerete Driveway per SDRSD G- 14B SF 15 $445.00 ,$,7,120.00 $11.00 $176.00 $20.00 ;:; <aJAO Addii ive. Bid Subtotal $138,273.00 $186,867.00 $178,728.00 Bid Results for Paradise Creek Educational Park (CIP No. 16-08) Fordyce Construction, Inc. Non-Responsrve CS. Legacy Construction, Inc. PALM ENGiI EERIN ,.. )NSTRUCTIQN COMPANY, INC. Item No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Summary of Award Base Bid Base Bid - General $107,200.00 $161,218.00 $164,000.00 Base Bid - Site Improvements $265,003.50 $246,577,00 $271,165.00 Base Bid - Landscap'ng $172,100.00 $105,713.00 $93,000.00 Base Bid - Drainage Improvements $32,100.00 $53,035.00 556 2O1.09 Base Bid - Earthwor< $.3Ap.Q0 $23,878.00 ,.1:, : ?:.1 Combined Base Bid $618,703.50 $590,421.00 $619,365.00 Combined Base Bid Awarded $618,703.50 $590,421.00 $619,365.00 ' Additive Bid Communications, Fiber, and Camera System $5,700.00 $57,341.00 $61,000.00 Lighting and Electrical $96,400.00 $107,704,00 $100,000.00 Construct Modified Catch Basin $23,700_00 $13,023.00 , i? ,loc.uO Furnish and Install 6' High Chain Link Swing Gate $1,400.00 $1,058.00 $1,500.00 Furnish and Install 6' High Chain Link Swing Gate $2,300.00 . $1,881,00 $2,400.00 • Furnish and Install 6' High Chain Link Fence $1,653.00 $5,684.00 $1,508.00 '' Construct Concerete Driveway $7/120..00 $176.00 320.00 Additive 13ic1 Total $138,273.00 $186,867.00 $178,728,00 Additive Bid Awa{°dkd' _ $36,1,73.00 $21,822.00 $17,728.00 Grand Total (Combined Base Bid plus Additive Bid Total) $756,976.50 $777,288.00 $798,093.00 Grand Total Awarded (Combined Base Bid Awarded plus Ad`dit ve Bid Total) $654,876.50 $612,743.00 $637,093.00 *Additive Bids Awarded include Additive Bid Line Item #'s 77, 78, 79, 80, 81 RESOLUTION NO. 2016 — 147 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO C.S. LEGACY CONSTRUCTION, INC., IN THE NOT -TO -EXCEED AMOUNT OF $612,243 FOR THE PARADISE CREEK EDUCATIONAL PARK PROJECT, AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $91,836.45 FOR ANY UNFORESEEN CHANGES, AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, the Paradise Creek Educational Park (the "Park") Project will expand the Park located behind Kimball Elementary School on West 19th Street, and include the removal of approximately 13,600 square feet of impervious pavement to install an educational native plant walk with interpretive signage, a community garden, new pathways and walking trails, a bioretention basin to treat off -site run-off, and park furnishings; and WHEREAS, on August 22, 2016, the Engineering Department, received six (6) electronic bids on PlanetBids for the Paradise Creek Educational Park Project; and WHEREAS, C.S. Legacy Construction, Inc., was the lowest responsive bidder qualified to perform the work as described in the project specifications with a total bid amount of $612,243; and WHEREAS, a 15% contingency amount up to $91,836.45 for any unforeseen changes to the Project is requested. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the Paradise Creek Educational Park Project to the lowest responsive, responsible bidder, to wit: C.S. LEGACY CONSTRUCTION, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $612,243 with C.S. Legacy Construction, Inc., for the Paradise Creek Educational Park Project. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes a 15% contingency amount up to $91,836.45 for any unforeseen changes to the Project. PASSED and ADOPTED this 20th day of September, 2016. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Daila, City Clerk Claudia Gacitua Silva City Attorney 73 of 231 CC/CDC-HA Agenda 9/20/2016 — Page 74 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Mayor to execute a Grant Deed transferring certain Real Property from the City of National City to the Community Development Commission -Housing Authority of the City of National C 74 of 231 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: !September 20, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a Grant Deed transferring certain Real Property from the City of National City to the Community Development Commission -Housing Authority of the City of National City consisting of portions of Hoover Avenue and Harding Avenue previously vacated by City Council Resolution 2013-83 for the Westside Infili Transit Oriented Development. PREPARED B'1P: Carlos Aguirre, Housing & Economic Development Manager PHONE: 1(619) 336-4391i DEPARTMENT: Housing & Economic Dev. APPROVED-1 EXPLANATION: The City of National City ("City") vacated portions of Hoover Avenue and Harding Ave for the development of 201 affordable housing units of the Westside Infill Transit Oriented Development ("Development"). The real property vacated by City Council by Resolution 2013-83 was not included in the legal description that transferred the real property to the Community Development Commission - Housing Authority ("CDC -HA") in August 2013 for the development of affordable housing. The grant deed attached would perfect the transfer of title from the City to the CDC -HA as previously intended by Resolution 2013-83 that was adopted on June 18, 2013 (Attachment No.1). FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. ( APPROVED: MIS Not applicable. ENVIRONMENTAL REVIEW' Approval of the property transfer is not a "Project" under section 15378 of the California Environmental Quality Act (' CEQA') Guidelines because the proposed action consists of administrative activity that will not result in direct or indirect physical changes to the environment and, as such, pursuant to section 15061(b)(3) of the CEQA Guidelines is not subject to CEQA. ORDINANCE: INTRODUCTION: FINAL ADOPTION: f STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: Not applicable. ATTACHMENTS: 1. Resolution 2013-83 2. Grant Deed 3. Resolution 75 of 231 Attachment No. 1 RESOLUTION NO. 2013 — 83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY VACATING PORTIONS OF HOOVER AVENUE AND HARDING AVENUE FOR THE WESTSIDE INFILL TRANSIT ORIENTED DEVELOPMENT, AND AUTHORIZING THE MAYOR TO EXECUTE AN ORDER OF VACATION FOR SAID PORTIONS OF STREETS APPLICANT: PARADISE CREEK HOUSING PARTNERS, LP CASE FILE NO. 2012-04 LS, SC WHEREAS, application was made requesting to vacate and close the westerly 14 feet (approximately) of the right of way of Hoover Avenue between 22nd Street and Paradise Creek, more particularly described in Exhibit "A -Hoover", attached hereto and incorporated herein as though set forth in full; and WHEREAS, application was made requesting to vacate and close the eastern half of the right of way of Harding Avenue between 22nd Street and Paradise Creek, more particularly described in Exhibit "A -Harding", attached hereto and incorporated herein as though set forth in full; and WHEREAS, on May 15, 2012, the City Council conducted a hearing and initiated the said proposed vacations and closures of portions of Hoover Avenue and Harding Avenue; and WHEREAS, the City Engineer has caused notice of said proposed vacations and closures to be posted in the manner specified by law; and WHEREAS, on May 21, 2012, the Planning Commission considered the said proposed vacations and closures, and found and determined that the vacations and closures conform with the City's adopted General Plan; and WHEREAS, on August 21, 2012, the City Council considered the Planning Commission's report and recommendation and the presentation of staff regarding the proposed vacations and closures; and WHEREAS, all things and acts necessary to be done as required by Part 3 of Division 9 of the Califcmia Streets and Highways Code in order to abandon said streets have been done and accomplished: and WHEREAS, a public hearing was held on August 21, 2012 in the City Council Chamber, at which time all persons interested in or objecting to the proposed vacations and closures were afforded the opportunity to appear and be heard; and WHEREAS, at said hearing, the City Council found, from ail evidence submitted, that said portions of streets proposed to be vacated and closed are unnecessary for present or future public use or for present or future installation of utilities; and WHEREAS, the City Council at said hearing further found that said proposed vacations and closures are in conformity with the adopted General Plan; and 76 of 231 Attachment No. Resolution No. 2013 — Page Two NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves said street vacations based on the following findings: 1. That the portions of the public rights -of way proposed to be vacated are unnecessary for present or future public use, since all of the properties abutting the areas proposed to be vacated are owned by the City, which intends to redevelop the subject properties, and access to subject properties will continue to be provided by the adjacent streets. 2. That the proposed vacation of the portion of the right-of-way for Hoover Avenue is consistent with the City's General Plan since the Westside Specific Plan identifies this segment of Hoover Avenue as a local street and as a residential/mixed-use corridor with the goals to buffer pedestrians from vehicles; encourage walking, biking, and transit use; and reduce vehicle speeds through traffic calming measures that include narrowing roadway widths and widening sidewalks, 3. That the proposed vacation of the portion of the right-of-way for Harding Avenue is consistent with the City's General Plan since the Westside Specific Plan includes a buildout circulation network that eliminates the segment of Harding Avenue north of 22nd Street and south of 20th Street to accommodate the proposed park expansion as part of the Westside Infill Transit Oriented Oevelopment (' WI TOD") project. 4. That the proposed vacations would allow for efficient and comprehensive redevelopment of underdeveloped and nonconforming properties. BE IT FURTHER RESOLVED that the street vacations are approved subject to the following conditions: 1. The Certificate of Compliance for Parcel Map Waiver (2012-04 LS, SC) shall be recorded concurrently with the Orders of Vacation. 2. A preliminary title report and a policy of title insurance shall be provided prior to recordation of the Orders to Vacate. 3. The owner and developer shall provide easements for sewer and any other public utilities after vacation. All easements shall remain in place until the utilities have been removed or replaced. 4. The Resolution ordering vacation shall not be recorded until the above conditions have been satisfied. BE IT FURTHER RESOLVED as follows: 1, That the Mayor and City Clerk are respectively authorized and directed to execute and attest Orders of Vacation of the above described portions of public rights -of -way. 2. That the vacation of the above -described portions of public rights -of -way to motorized vehicles is made under the authority of Division 9, Part 3, Chapter 3 of the California Streets and Highways Code. 77 of 231 Attachment No. Resolution No. 2013 — Page Three 3. That the rights -of -way to be vacated are not needed for present or future public use andlor for utility service, since the properties abutting the street under consideration will continue to have access to public streets and utilities. 4. That the area to be vacated is not required as a non -motorized transportation facility for pedestrians, bicyclists, or equestrians, and adjacent streets will allow for the same through travel. 5. That the vacation of the proposed segments of rights -of -way is consistent with the City's General Plan since the area will continue to provide access and emergency access to the area. 6. That the City Clerk is hereby authorized and directed to cause certlfled copies of subject orders to be recorded in the office of the County Recorder of San Diego County, pursuant to Section 8325 of the California Streets and Highways Code. 7. That from and after the date that this Resolution is recorded, the above -described portions of public rights -of -way no longer constitute a street, except as reserved and excepted herein. PASSED and ADOPTED this 16th day of June, 20 on Morrison, ayor ATTEST: Mich el R. Delia,eft; Clerk PPROVED AS TO FORM: dia C3acitua Silva y Attprney 78 of 231 EXHIBIT A-Hardinga—ro A PORTION OF LOTS 7-10 OF BLOCK 107 IN NATIONAL CRY, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 345. FILED IN THE OFFICE OF THE COUNTY RECORDED OF SAID SAN DIEGO COUNTY. OCTOBER 2, 1882, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF HARDING AVENUE AND 22ND STREET; THENCE NORTHERLY ALONG THE CENTERUNE OF HARDING AVENUE NORTH 17'48'28" WEST 40.00 FEET TO A POINT IN THE NORTHERLY RIGHT OF WAY OF 22ND STREET; THENCE EASTERLY ALONG SAID RIGHT OF WAY 1.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID RIGHT OF WAY 39.00 FEET TO A POINT OF INTERSECTION OF THE EASTERLY RIGHT OF WAY OF HARDING AVENUE HAYING A HALF RIGHT OF WAY WIDTH OF 40.00 FEET AND THE NORTHERLY RIGHT OF WAY OF 22N0 S i Ku.] HAVING A HALF RIGHT OF WAY WIDTH OF 40.00'; THENCE NORTHERLY ALONG THE EASTERLY RIGHT OF WAY OF HARDING AVENUE NORTH 1 T48'28" WEST 74.46 FEET; THENCE LEAVING SAID RIGHT OF WAY SOUTH 20104'26" WEST 63.51 FEET; THENCE SOUTH 1 T48'28" EAST 24.27' TO 'THE TRUE POINT OF BEGINNING. SEE EXHIBIT "B" SHEET 2 FOR A SKETCH DEPICTING DESCRIBED PROPERTY. CONTAINS 1.925 SO. FT. OR 0.04 ACID, MORE OR LESS. BASIS OF SWINGS: THE BASIS OF BEARINGS FOR THIS PLAT IS THE CENTERUNE OF 22ND ST PER F_+1 CHRISTMAN BUSINESS AND INDUSTRIAL PARK I MAP NO B038 AS SHOWN AS NORTH 7216'45" EASE. EXH. B $HEET I OF 2 BY: DST( DATE: 5.31-12 SCALE: AS SHOWN ENGINEER/SURVEYOR PREPARED UNDER THE SUPERVISION OF: VINCENT W. SCARPA1i R.C.E.33520 UCENSE D(P. 06/30/Z44 C) 111-.1-- CONSULTING, TIC. CIVIL ENGIIEERING LAM PLAJI a= a amnion 27158 BMW:4K FOOTHLL RAHoH, CALIFORNIA 92&1O T. 94a91 &380D F, 948915.3505 www..CVO Nc raET DATE STREET VACATION POR11ON OF HARDING AVENUE SHEET 1 OF 2 79 of 231 EXHIBIT A-Harding...e, SCALE 1' a 50' ii. B WW2 OF 2 BY: cot s it.ci syr 46" to ,�+ryl -Oq ENGINEER/SURVEYOR DARED U THE SUPERVISION CF: MN1 NT W. SCARPATI R.C.E,3�0 LICENSE EXP. 46/34U'1 4 DATE: �1-12 1 CONSULTING, . CIVIL ENGINEERING AS SHOM LAND KAMM it 2T156 BURBANK SANK FOOTH t1 RANCH, CLFORNIA MHO T. 948.915.3800 F. 949,81tuns -INCNET STREET VACATION PORTION OF HARDING AVENUE SHEET 2 OF 2 80 of 231 EXHIB IT A-Hoov►erff hmenlNo., A PORTION OF LOTS 13-2 OF BLOCK 86 AND LOTS 13-20 OF LOCK 85 AND LOTS 13-17 OF BLOCK 84 IN NATIONAL CITY, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 348, FILED IN THE OFFICE OF THE COUNTY RECORDED OF SAID SAN DIEGO COUNTY, OCTOBER 2, 1882, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF 21 ST STREET AND HOOVER AVENUE; THENCE SOUTH 77 14' 18" WEST 25.21 TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 1 T45'42" EAST 263.41 FEET TO A CONCAVE CURVE WESTERLY WITH A RADIUS OF 27.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90''02'213" AN ARC DISTANCE OF 42.43 FEET; THENCE LEAVING SAID CURVE SOUTH 7216'45" WEST 24.27 FEET TO A NON TANGENT CURVE CONCAVE WESTERLY WITH A RADIUS OF 20.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7755'20" AN ARC DISTANCE OF 27.20 FEET TO A TANGENT COMPOUND CURVE CONCAVE WESTERLY vtnli A RADIUS OF 760.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12'04'44" AN ARC DISTANCE OF 80.41 FEET; THENCE LEAVING SAID CURVE NORTH 17'47'56" WEST 598.21 FEET ALONG THE WESTERLY RIGHT OF WAY OF HOOVER AVENUE HAVING A HALF RICHT OF WAY WIDTH OF 40.00 FEET; THENCE LEAVING SAID RIGHT OF WAY NORTH 72'04'38" EAST 13,71 FEET; THENCE SOUTH 17'48'25" EAST 482.71 FEET'; THENCE NORTH 71'08'38" EAST 1.09 FEET TO THE TRUE POINT OF BEGINNING. SEE EXHIBIT ®B" SHEET 2 FOR A SKETCH DEPICTING DESCRIBED PROPERTY. CONTAINS 1 2,01 3 SO. FT. OR 0.28 ACRES, MORE OR LESS. BASIS OF BEARINGS; THE BASIS OF BEARINGS FOR THIS PLAT I5 THE CENTERLINE OF 22ND ST PER Ed CHRISTMAN BUSINESS AND INDUSTRIAL PARK I MAP NO 8038 AS SHOWN AS NORTH 72.18'45" EASE. 7�1.3 SHEET OF BY: D$I( DATE: 5.31-12 SCALE AS SHOWN ENGINEER/SURVEYOR PREPARED UNDER THE SUPERVISION OF: VINCENT it SCARPAl1 R.C.133520 LICENSE EXP. 06/30/2014 C CONSULTING, iNG. CIVIL ENGINEERING LAND PLAMINQ & SURMYING 27159 BURBANK FOD7H LL RANCH, CALFORNIA 92610 T. 9949 916.3BOd F. 949.916.3B05 VANY.r.CVC-IMC.NEr DAZE STREET VACATION PORTION OF HOOVER AVENUE SHEET 1 OF 2 81 of 231 EXHIBIT A -Hooves.._... CURVE TABLE CURVE I LENGTH I RADIUS DELTA I TAN , C1 42.43 27.00 •2r 27.02 C 2 27.2E 20.00 7755"2` 15.17 C3 160.22 760.00 12104'44. 80.41 3 SCALE: I" = 5O' EXH.B SHEET 2OF2 DATE 5-31-12 SCALE AS SH( 1 gaol eit k dorsi ENGINEER/SURVEYOR PREMED UNIER 1FE SUPERbEION CF7 VINCENi W. SCARPA11 R.C.E.33520 DATE LICENSE EXP. 06/30/2014 C '<\,r r 27155 DURaN1C FOCIHUL ROACH, CokL,FORNIA CONSULTING, INC. 2153eao CIVIL ENGINEERING F, "9.416338°5 *moo- e"•11O-i1iC. 1 STREET VACATION PORTION OF HOOVER AVENUE SHEET 2 OF 2 82 of 231 Attachment No. 1 Passed and adopted by the Council of the City of National City, California, on June 18, 2013 by the following vote, to -wit: Ayes: Counciimembers Cano, Morrison, Natividad, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Nlayor of the City of National City, California 1 Cary erk of the ity of atonal City, California BY: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2013-83 of the City of National City, California, passed and adopted by the Council of said City an June 18, 2013. City Clerk of the City of National City, California 8y Deputy 83 of 231 Attachment No. 2 RECORDING REQUESTED BY: Old Republic Title Company Escrow No.: 1117014676 APN: 560-391-12 & 559-124-08 When Recorded Mail Document and Tax Statements to: CDC -Housing Authority of the City of National City 140 E 12th Street National City, CA 91950 SPACE ABOVE MIS LINE 15 FOR RECORDERS!] F Grant Deed The undersigned grantor(s) declare(s): Documentary Transfer Tax is $0.00 R&T 11911- Deed to governmental agency. his deed is recorded to establish the vacation legal description pursuant to a Resolution Authorizing an Order of Vacation recorded June 17, 2014, document number 2014-250448 (X) computed on full value of property conveyed, or ( ) computed on full value less of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (X) City of National City FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of National City hereby GRANT(S) to Community Development Commission -Housing Authority of the City of National City, a public body, corporate and politic that property in City of National City, San Diego County, State of California, described as: See "Exhibit A" attached hereto and made a part hereof. Date: City of National City By: Ron Morrison, Miayor Approved as to form: By: Claudia Gacitua Silva, City Attorney Grant Deed MAIL TAX STATEMENTS AS DIRECTED ABOVE Page 1 of 2 84 of 231 Attachment No. 2 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of County of On before me, a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Name: (Typed or Printed) (Seal) Grant Deed Order No. 1117014676 Page 2 of 2 85 of 231 RESOLUTION NO. 2016 — 148 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A GRANT DEED TRANSFERRING CERTAIN REAL PROPERTY FROM THE CITY OF NATIONAL CITY TO THE COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY CONSISTING OF PORTIONS OF HOOVER AVENUE AND HARDING AVENUE PREVIOUSLY VACATED BY CITY COUNCIL RESOLUTION 2013-83 FOR THE WESTSIDE INFILL TRANSIT ORIENTED DEVELOPMENT WHEREAS , the City of National City vacated and closed the westerly 14feet (approximately) of the right-of-way of Hoover Avenue between 22rld Street and Paradise Creek, more particularly described in Exhibit "A" -Hoover of City Resolution No. 2013-83 adopted by the City Council on June 18, 2013; and WHEREAS, the City also vacated and closed the eastern half of the right of way of Harding Avenue between 22nd Street and Paradise Creek, more particularly described in Exhibit "A" -Harding of City Council Resolution No. 2013-83; and WHEREAS, the City was the owner of two legal parcels, Parcel 1 and Parcel 2 ("Housing Parcels"), totaling 6.299 acres, generally bounded by 19th Street, Harding Avenue, 22nd Street, and Hoover Avenue; and WHEREAS, the Successor Agency to the Community Development Commission as the National City Redevelopment Agency ("Successor Agency") is subject to the enforceable Development and Disposition Agreement ("DDA") entered into June 21, 2011 with Paradise Creek Housing Partners, LP ("Developer"); and WHEREAS , the DDA requires the Housing Parcels to be acquired for and developed into a 201 unit affordable housing project (the Project) as described in the DDA; and WHEREAS, in accordance with California Health and Safety Code section 34176, the Community Development Commission- Housing Authority of City of National City ("CDC -HA") accepted the affordable housing functions of the former redevelopment agency pursuant to CDC -HA Resolution No. 2012-01; and WHEREAS, the City sold the Housing Parcels consisting of 6.299 to the CDC -HA as authorized by City Council Resolution 2013-129; and WHEREAS, the real property vacated by City Council Resolution 2013-83 ("Vacated Right -of -Way") was not included in the legal description incorporated in the Grant Deed that transferred the Housing Parcels to the CDC -HA in August 2013 for the development of affordable housing; and WHEREAS, the conveyance of the Vacated Right -of -Way will perfect the transfer of title from the City to the CDC -HA as previously intended by City Council Resolution 2013-83; and 86 of 231 Resolution No. 2016 — 148 Page Two WHEREAS, the transfer of real property is not a "Project" under section 15378 of the California Environmental Quality Act ("CEQA") Guidelines because the proposed action consists of administrative activity that will not result in direct or indirect physical changes to the environment and, as such, pursuant to section 15061(b)(3) of the CEQA Guidelines is not subject to CEQA. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Grant Deed transferring certain Real Property from the City of National City to the Community Development Commission -Housing Authority of the City of National City consisting of portions of Hoover Avenue and Harding Avenue previously vacated by City Council Resolution 2013-83 for the Westside Infill Transit Oriented Development. Said Grant Deed will be publicly recorded with County of San Diego Office of the Recorder. PASSED and ADOPTED this 20th day of September, 2016. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor 87 of 231 CC/CDC-HA Agenda 9/20/2016 — Page 88 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Mayor to execute a Subordination Agreement allowing a new mortgage that is not -to -exceed $268,000 to be and remain a lien prior and superior to a home purchase assistance loan on 88 of 231 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 20, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a Subordination Agreement allowing a new mortgage that is not -to -exceed $268,000 to be and remain a lien prior and superior to a home purchase assistance loan on a single -unit property located at 2738 Melrose Street in National City. PREPARED BY: Angelita Palm 'Comm. Dev. Specialist II PHONE: 619-336-4219 EXPLANATION: On April 1, 2015, the City of National City ("City") made a loan for $23,809 from the HOME Partnerships Program to assist in the rehabilitation of a single-family residence located at 2738 Melrose Street in National City. The City loan is a shared 1 % deferred interest with an outstanding balance of $23,809. Venus McKnight ("Borrower") is interested in refinancing the first mortgage loan on the property and has been approved for a new loan from First California Funding, a California Corporation ("Lender''). The Lender is requiring that the City execute the attached subordination agreement allowing the new loan to hold superior position to the City -issued loan. The City loan will maintain second lien position on the property. The purpose of the refinance is to reduce the interest rate paid to a fixed rate of 3.49% for a term of 30 years. There will be no cash proceeds to the Borrower through the refinance. Staff has satisfactorily reviewed the combined loan -to -value, preliminary title report, new loan terms, and underwriting summary that outline the closing costs of the transaction. DEPARTMENT:_��sin:EconocD. & APPROVxn 6Y: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Subordination Agreement 89 of 231 Attachment No. 1 RECORDING REQUESTED BY FIRST AMERICAN TITLE COMPANY AND WHEN RECORDED MAIL TO: CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 ATTN: HOUSING & ECON DEV ORDER NO.: 10034169 SPACE ABOVE THIS LINE FOR RECORDER'S USE SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT. THIS AGREEMENT, made this 20TH day of September 2016 by Venus McKnight, owner of the land hereinafter described and hereinafter referred to as "Owners", and the City of National City, a public body, corporate and politic as present owner and holder of the deed of trust and note first hereinafter described and hereinafter referred to as "Beneficiary". WITNESSETH THAT WHEREAS, Owners has executed a deed of trust, dated April 1, 2015, to City of National City as trustee, covering the Real property in the City of National City, County of San Diego, State of California, described as follows: LOT 53 OF NATIONAL AWARD HOMES, UNIT NO. 1 IN THE CITY OF NATIONAL, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP, THERE OF NO. 4268, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY17, 1958. APN: 554-243-07-00 to secure a note in the sum of $23,809.00, dated April 1, 2015, in favor of the City of National City, a public body, corporation and politic, which deed of trust was recorded April 2, 2015, Recording Number 2015-0155148 Official Records of said county; and WHEREAS, Owners has executed, or is about to execute, a deed of trust and note in the sum not to exceed $268,000.00 dated 2016, in favor of First California Funding, a California Corporation hereinafter referred to as "Lender", payable with interest and upon the terms and conditions described therein, which deed of trust is to be recorded concurrently herewith; and WHEREAS, it is a condition precedent to obtaining said loan that said deed of trust last above mentioned shall unconditionally be and remain at all times a lien or charge upon the land hereinbefore described, prior and superior to the lien or charge of the deed of trust first above mentioned; and WHEREAS, Lender is willing to make said loan provided the deed of trust securing the same is a lien or charge upon the above described property prior and superior to the lien or charge of the deed of trust first above mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lien or charge of the deed of trust first above mentioned to the lien or charge of the deed of trust in favor or Lender; and Page 1 of 3 Casuborda 90 of 231 Attachment No. 1 Order No.: DCVE-5242515 WHEREAS, it is to the mutual benefit of the parties hereto that Lender make such loan to Owner; and Beneficiary is willing that the deed of trust securing the same shall, when recorded, constitute a lien or charge upon said land which is unconditionally prior and superior to the lien or charge of the deed of trust first above mentioned. NOW THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Lender to make the loan above referred to, it is hereby declared, understood and agreed as follows: (1) That said deed of trust securing said note in favor of Lender, and any renewals or extensions thereof, shall unconditionally be and remain at all times a lien or charge on the property therein described, prior and superior to the lien or charge of the deed of trust first above mentioned. (2) That Lender would not make its loan above described without this subordination agreement. (3) That this agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the deed of trust first above mentioned to the lien or charge of the deed of trust in favor of Lender above referred to and shall supersede and cancel, but only insofar as would affect the priority between the deeds of trust hereinbefore specifically described, any prior agreement as to such subordination including, but not limited to, those provisions, if any, contained in the deed of trust first above mentioned, which provide for the subordination of the lien or charge thereof to another deed or deeds of trust or to another mortgage or mortgages. Beneficiary declares, agrees and acknowledges that (a) He/She consents to and approves (i) all provisions of the note and deed of trust in favor of Lender above referred to, and (ii) all agreements, including but not limited to any loan or escrow agreements, between Owner and Lender for the disbursement of the proceeds of Lender's loan; (b) Lender in making disbursements pursuant to any such agreement is under no obligation or duty to, nor has Lender represented that it will, see to the application of such proceeds by the person or persons to whom Lender disburses such proceeds and any application or use of such proceeds for purposes other than those provided for in such agreement or agreements shall not defeat the subordination herein made in whole or in part; (c) He/She intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the deed of trust first above mentioned in favor of the lien or charge upon said land of the deed of trust in favor of Lender above referred to and understands that in reliance upon, and in consideration of, this waiver, relinquishment and subordination specific loans and advances are being and will be entered into which would not be made or entered into but for said reliance upon this waiver, relinquishment and subordination; and (d) An endorsement has been placed upon the note secured by the deed of trust first above mentioned that said deed of trust has by this instrument been subordinated to the lien or charge of the deed of trust in favor of Lender above referred to. NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN A PORTION OF WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND. City of National City By: Ron Morrison, Mayor Venus McKnight Beneficiary Owner (All signatures must be acknowledged) IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. 91 of 231 Casuborda Attachment No. 1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF [ ] Onj ] I a Notary Public, personally appeared j ] who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. } SS: WITNESS my hand and official seal. before me, Signature FOR NOTARY SEAL OR STAMP A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF [ ] On [ ] I a Notary Public, personally appeared [ ] who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. } SS: WITNESS my hand and official seal. before me, Signature FOR NOTARY SEAL OR STAMP 92 of 231 )f 3 suborda RESOLUTION NO. 2016 — 149 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SUBORDINATION AGREEMENT ALLOWING A NEW MORTGAGE NOT -TO -EXCEED $268,000 TO BE AND REMAIN A LIEN PRIOR AND SUPERIOR TO A HOME PURCHASE ASSISTANCE LOAN ON A SINGLE -UNIT PROPERTY LOCATED AT 2738 MELROSE STREET IN NATIONAL CITY WHEREAS, Venus McKnight ("Borrower") is the owner of a single -unit property located at 2738 Melrose Street in National City; and WHEREAS, on April 1, 2015 the City of National City made a loan to Bon-ower for $23,809 from the HOME Investment Partnerships Program to assist in the rehabilitation of the single -unit property; and WHEREAS, the Borrower desires to refinance the existing first mortgage to reduce the interest rate to 3.49% with a new mortgage with a principal amount not -to -exceed $268,000 from First California Funding, a California Corporation. ("Lender"); and WHEREAS, in order to provide the loan, the Lender requires the subordination of the Deed of Trust that secures the HOME funds. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Subordination Agreement and any other Escrow related documents as necessary. After being recorded by the County of San Diego, a copy of the Subordination Agreement will be on file in the office of the City Clerk. PASSED and ADOPTED this 20th day of September, 2016. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor 93 of 231 CC/CDC-HA Agenda 9/20/2016 — Page 94 The following page(s) contain the backup material for Agenda Item: Warrant Register #6 for the period of 08/03/16 through 08/09/16 in the amount of $341,784.95. (Finance) 94 of 231 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 20, 2016 AGENDA ITEM NO. ITEM TITLE: Warrant Register #6 for the period of 08/03/16 through 08/09/16 in the amount of $341,784.95. (Finance) PREPARED BY: K. Apalategui: PHONE: ;619-336-4572 EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 08/03/16 through 08/09/16. Consistent with Department of Finance, listed below are all payments above $50,000. Vendor SDG&E DEPARTMENT: Finance APPROVED BY: Check/Wire Amount Explanation 324805 95,395.46 Gas & Electric Utilities FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $341,784.95 APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Ratify warrants totaling $341,784.95 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #6 95 of 231 4* C. 4 I FORNNJA 1/2 PAYEE USBANK ACADEMI TRAINING CENTER LLC ACE UNIFORMS & ACCESSORIES INC ACME SAFETY & SUPPLY CORP AETNA RESOURCES FOR LIVING ALEXANDER'S LEGAL SEMINARS AMERICAN AWARDS AT&T MOBILITY AUTO BEAUTY PRODUCTS AZTEC APPLIANCE CALIFA GROUP COX COMMUNICATIONS CSAC EXCESS INS AUTHORITY CYNTHIA TITGEN CONSULTING INC D MAX ENGINEERING INC DELL MARKETING L P DIVISION OF THE STATE DIVISION OF THE STATE DURON, C ESGIL CORPORATION FEDEX FIRE ETC GROSSMAN PSYCHOLOGICAL HANDY METAL MART HARSH DESAI HAVS HEALTH NET HONEYWELL INTERNATIONAL INC JEROME'S FURNITURE KAISER FOUNDATION HEALTH PLANS KONE LASER SAVER INC LEAGUE OF CALIFORNIA CITIES MARLO'S AUTO SPECIALTIES METRO FIRE & SAFETY MILE OF CARS ASSOCIATION MOTOR COP SHOP, INC. OFFICE SOLUTIONS BUSINESS O'REILLY AUTO PARTS PECK, B PRUDENTIAL OVERALL SUPPLY PUBLIC SAFETY PEER QUALA TEL ENTERPRISES QUIROGA, R RESCUE ESSENTIALS RODRIGUEZ, M SAN DIEGO AREA CHAPTER OF IOC SAN DIEGO REGIONAL COMPUTER SD COUNTY POLICE CHIEFS ASSOCIATION NATIONAL Clry amv PoigintimiKow WARRANT REGISTER #6 8/9/2016 DESCRIPTION CREDIT CARD EXPENSES 1 PD FLAT RANGE USE / PD UNIFORMS / FIRE GRAF SHEETING / FIRE EMP ASSISTANCE PROGRAM / AUG 2016 LEGAL MANUAL UPDATE MISS NC PAGEANT TROPHIES/AWARDS WIRELESS SERVICE / 06/06/16-07/05/16 RED POLISH CAR SOAP / FIRE CITY WIDE APPLIANCE PURCHASES / PW EARLY LITERACY STATION 1 LIBRARY INTERNET SERVICE / JUNE 2016 EXCESS WC INSURANCE RISK MANAGEMENT CONSULTANT SVCS T&A #90101; PROJECT SWQMP DELL SFP+ GBIC OPTICS SR 1 MIS DISABILITY ACCESS/EDUCATION FUND DISABILITY ACCESS/EDUCATION FUND REIMB: STRIKE TEAM CHARGE PLAN CHECK SVCS & INSPECTIONS/ BLDG EXPRESS SHIPMENT / HOUSING SWINGOUT VALVE 1.5" / FIRE PRE-EMP PSYCHOLOGICAL EVALS 1 PD 1/8" X 48" X 120. ALUMINUM PLATE / FIRE REFUND: PERMIT 71418; 1125 E PLAZA BLVD HAVS AUDIO/VIDEO TROUBLESHOOTING / MIS HEALTH INS N5992F / AUG 2016 HVAC MAINTENANCE TO SYSTEM SOFA / SENIOR CENTER RETIREES INSURANCE 1 AUG 2016 ELEVATOR MAINTENANCE 1 PW MOP 45725 INK CARTRIDGES / FIRE REGISTRATION: WORKSHOP / MENDIVIL REPAIR RIGHT CARGO BOX / PW BREAKAWAY LOCK / PW FY16 APPORTIONMENTS #10,11 & 12 CT LE HELMET BLK/WHT H MED 1 POLICE STACK CHAIRS W/SUPPORT / COMM SVCS MOP#75877 AUTO PARTS REIMB: VEHICLE RENTAL DALLAS FUNERAL / PD MOP 45742 LAUNDRY SVC / NSD TUITION: PUBLIC SAFETY CONFERENCE/PD REPAIR SIGTRONIC HEADSETS 1 FIRE SUBSISTENCE: K9 TRIALS 1 PD NAR MEDIC TRAUMA PACK / PD REIMB: POLICING BRIEFING / PD TUITION: IBC SIGNIFICANT CHANGES/FIRE FY 2016 INVESTIGATIVE SERVICE FEE MEMBERSHIP f 96 of 231 CHK NO DATE AMOUNT 324755 8/9/16 8,281.92 324756 8/9/16 400.00 324757 8/9/16 381.50 324758 8/9/16 216.00 324759 8/9/16 812.66 324760 819/16 34.14 324761 8/9/16 126.44 324762 8/9/16 400.66 324763 8/9/16 469.26 324764 8/9/16 331.56 324765 8/9/16 500.00 324767 8/9/16 348.00 324768 8/9/16 335.00 324769 8/9/16 2,750.00 324770 8/9/16 746.00 324771 8/9/16 752.23 324772 8/9/16 745.80 324773 8/9/16 140.40 324774 819/16 33.70 324775 8/9/16 1,120.50 324776 8/9/16 53.70 324777 8/9/16 902.52 324778 8/9/16 1,650.00 324779 8/9/16 499.99 324780 8/9/16 9,332.37 324781 8/9/16 220.00 324782 8/9/16 651.54 324783 8/9/16 7,354.89 324784 8/9/16 691.38 324785 8/9/16 21,209.57 324786 8/9/16 3,639.13 324787 8/9/16 109.87 324788 8/9/16 195.00 324789 8/9/16 750.00 324790 8/9/16 388.00 324791 8/9/16 39,553.50 324792 8/9/16 785,00 324793 8/9/16 1,509.60 324794 8/9/16 498.23 324795 8/9/16 433.08 324796 8/9/16 102.16 324797 8/9/16 2,070.00 324798 8/9/16 353.71 324799 8/9/16 244.58 324800 8/9/16 1,372.67 324801 8/9/16 1,384.95 324802 819/16 200.00 324803 8/9/16 12,000.00 324804 8/9/16 350.00 2/2 PAYEE SDG&E SHRED IT USA SILVERADO AVIONICS SMART SOURCE OF CALIFORNIA LLC SOUTH BAY COMMUNITY SERVICES SOUTH BAY FENCE INC SOUTHWEST SIGNAL SERVICE SPARKLETTS STAPLES BUSINESS ADVANTAGE SWEETWATER AUTHORITY SYMBOLARTS, LLC THE COUNSELING TEAM THE LIGHTHOUSE INC TIERRA WEST ADVISORS INC TRITECH SOFTWARE SYSTEMS U S HEALTHWORKS V & V MANUFACTURING VERIZON WIRELESS VISION INTERNET PROVIDERS WAXIE SANITARY SUPPLY POWER PLUS THE HOME DEPOT CREDIT SERVICES 4 * CAM OD,FiN1A NicrioNAL airy WARRANT REGISTER #6 8/9/2016 DESCRIPTION GAS & ELECTRIC UTILITIES RECORDS PURGE SVC / JUNE 2016 BK VHF 500 CHANNEL PORTABLE RADIO / FIRE MOP 63845 BUSINESS CARDS / PD FY 2014-2015 HOME TBRA PROGRAM CITY WIDE ON SITE FENCE INSTALLATION Ir,-rrERSECTION MAINTENANCE/JUNE 2016 WATER - COUNCIL MOP 45704 OFFICE SUPPLIES / COUNCIL WATER SERVICE UTILITIES COIN 1.75" NATIONAL CITY PD BADGE VALUES MONTHLY SVC FEE - JUNE 2016 MOP#45726 AUTO PARTS / PW PROFESSIONAL SERVICES 1 PLANNING TUITION: INFORM CAD SYS ADMIN / PD PRE -EMPLOYMENT PHYSICAL EMPLOYEE RECOGNITION ANNIVERSARY PINS CELLULAR SERVICE / 6/5/16 - 7/04/16 INTRANET W/RESPONSIVE DESIGN / MIS MISCELLANEOUS JANITORIAL SUPPLIES / PW EQUIPMENT RENTAL / S A CHAINLINK FABRIC / S A GRAND TOTAL CHK NO DATE AMOUNT 324805 8/9/16 95,395.46 324806 8/9/16 185.90 324807 8/9/16 3,406.61 324808 8/9/16 111,18 324809 8/9/16 16,863,00 324810 8/9/16 4,995.00 324811 8/9/16 32,657.27 324812 8/9/16 2.00 324813 8/9/16 1,510.71 324815 8/9/16 32,931.20 324816 8/9/16 1,725.00 324817 8/9/16 800.00 324818 8/9/16 263.45 324819 8/9/16 5,229.16 324820 8/9/16 1,450.00 324821 8/9/16 425.00 324822 8/9/16 2,591.20 324823 8/9/16 866.02 324824 8/9/16 9,477.50 324825 8/9/16 2,323.54 324826 8/9/16 39100 324827 8/9/16 855.54 A/P Total 341,784.95 $ 341,784.95 97 of 231 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK ROBERTS, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN JERRY CANO, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER ALBERT MENDIVIL, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 206 OF SEPTEMBER, 2016. AYES NAYS ABSENT 98 of 231 CC/CDC-HA Agenda 9/20/2016 — Page 99 The following page(s) contain the backup material for Agenda Item: Warrant Register #7 for the period of 08/10/16 through 08/16/16 in the amount of $1,953,065.30. (Finance) 99 of 231 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 20, 2016 AGENDA ITEM NO. ITEM TITLE: Warrant Register #7 for the period of 08/10/16 through 08/16/16 in the amount of $1,953,065.30. (Finance) PREPARED BY: K. Apalategur PHONE: 619-336-4572 EXPLANATION: DEPARTMENT: Finan APPROVED BY: Per Government Section Code 37208, attached are the warrants Issued for the period of 08/10116 through 08/16/16. Consistent with Department of Finance, listed below are all payments above $50,000. Vendor Check/Wire Public Emp Ret System 8102016 Amount Explanation 437,676.37 Service Period 07/19/2016 — 08/01/16 FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Warrant total $1,953,065.30 ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Ratify warrants totaling $1,953,065.30 BOARD / COMMISSION RECOMMENDATION: :N/A ATTACHMENTS: Warrant Register #7 100 of 231 1/3 PAYEE ADVANCED EXERCISE EQUIPMENT ALL FRESH PRODUCTS ALL THE KINGS FLAGS AMERICAN PLANNING ASSOCIATION BAVENCOFF JR, D BEHAVIOR ANALYSIS BEST BEST & KRIEGER ATTNY LAW BEVERIDGE, M BOOT WORLD BPI PLUMBING CALIFORNIA COMMERCIAL SECURITY CALIFORNIA ELECTRIC SUPPLY CAMEON, C CITY OF NATIONAL CITY CLF WAREHOUSE COMMERCIAL AQUATIC SERVICE INC COX COMMUNICATIONS CULLIGAN DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DANIELS TIRE SERVICE DEPARTMENT OF JUSTICE D-MAX ENGINEERING ENTERPRISE FLEET MANAGEMENT ESPIRITU, D FEDEX FERGUSON ENTERPRISES INC GRAINGER HARRIS & ASSOCIATES HAWTHORNE MACHINERY HEALTH NET HONEYWELL INTERNATIONAL INC KONICA MINOLTA LASER SAVER INC LONG, D LUNA, F MANNING & KASS MASON'S SAW MEDIFIT COMMUNITY SERVICES LLC METRO AUTO PARTS DISTRIBUTOR NATIONAL CITY AUTO TRIM NATIONAL CITY TROPHY O'REILLY AUTO PARTS PADRE JANITORIAL SUPPLIES PCS MOBILE PENSKE FORD .4 *' 061,16WINIA..- At: WARRANT REGISTER #7 8/16/2016 DESCRIPTION CHK NO DATE AMOUNT GYM EQUIPMENT FOR POLICE DEPARTMENT 324826 8/16/16 43,999.24 FOOD / NUTRITION CENTER 324829 8/16/16 2,899.01 CITY WIDE FLAGS, ACCESSORIES & POLES 324830 8/16/16 411.80 RENEWAL: MEMBERSHIP / B RAULSTON 324831 8/16/16 485.00 EDUCATIONAL REIMBURSEMENT 324832 8/16/16 1,070.42 TUITION: INVESTIGATIVE INTERVIEW / PD 324833 8/16/16 481.00 LEGAL 1 PERSONNEL ISSUES 324834 8/16/16 222.30 REIMB: LAMBS PLAYHOUSE DEMOLITION 324835 8/16/16 49.00 MOP#64096 WEARING APPAREL 324836 8116/16 616.62 CITY WIDE PLUMBING AND BACKFLOW SVCS 324837 8/16/16 466.00 MOP#45754 FACILITIES SUPPLIES 324838 8/16/16 287.11 MOP#45698 SUPPLIES / PW 324839 8/16/16 165,48 EDUCATIONAL REIMBURSEMENT 324840 8/16/16 500.00 PETTY CASH REPLENISHMENT / JUNE 2016 324841 8116/16 253.21 SEC WATER FUEL / PW 324842 8/16/18 852.19 PURCHASE OF CHEMICAL SUPPLIES FOR POOL 324843 8/16/16 2,753.02 COX DATA SERVICES 07/10 - 08/09/16 324844 8/16/16 70.75 WATERSOFTNER FOR DISHWASHER / NUTRITION 324845 8/16/16 15.00 LIABILITY CLAIM COSTS 324846 8/16/16 5,255.75 LIABILITY CLAIM COSTS 324847 8/16/16 1,164.88 LIABILITY CLAIM COSTS 324848 8/16/16 1,050.79 LIABILITY CLAIM COSTS 324849 8/16/16 346.88 LIABILITY CLAIM COSTS 324850 8/16/16 156.00 TIRES 98W S2 / PW 324851 8/16/16 5,998.49 NEW EMP FINGERPRINT TEST 324852 8/16/16 320.00 STORM WATER SERVICE 2015-2016 324853 8/16/16 38,758.92 ENTERPRISE FLEET SVCAND MAINT / PW 324854 8/16/16 14,516.51 SUBSISTENCE: POST COMMAND / PD 324855 8/16/16 780.00 EXPRESS SHIPMENT / ENG 324856 8/16/16 55.11 MOP#45723 SUPPLIES / PW 324857 8/16/16 85.45 MOP#65179 SUPPLIES / PW 324858 8/16/16 198.93 GROUP 1 SEWER PROJECT 324859 8/16/16 29,505.25 CUTTING EDGE / PW 324860 8/16/16 861.47 HEALTH INS N5992A 1 AUG 2016 324861 8/16/16 543.45 CITY WIDE HVAC MAINTENANCE / PW 324862 8/16/16 30,390.00 COPIER EQUIP LEASE 1 JUNE 2016 324863 8/16/16 4,335.38 MOP 45725 TONER / MIS 324864 8/16/16 414.09 SUBSISTENCE: INVESTIGATIVE INTERVIEW 1 PD 324865 8/16/16 683.65 REFUND: T&A #90155/90156; 504 I AVE 324866 8/16/16 1,470.93 LIABILITY CLAIM COSTS 324867 8/16/16 52.50 MOP#45729 SUPPLIES / PARKS 324868 8/16/16 358.96 MANAGEMENT FEE 1 JUNE 2016 / CSD 324869 8/16/16 4,848.75 MOP#75943 AUTO PARTS / PW 324870 8/16/16 1,175.92 MOP#72441 AUTO PARTS / PW 324871 8/16/16 75.00 MOP#66556 BUILDING SUPPLIES 1 PW 324872 8/16/16 183.94 MOP#75877 AUTO PARTS 1 PW 324873 8/16/16 91.74 JANITORIAL SUPPLIES / NUTRITION 324874 8/16/16 587.46 CF-3114632CM WIN7, WIN8.1 PRO COA/PD 324875 8/16/16 8,678.04 MOP#49078 AL 101 of 231 324876 8/16/16 330.60 2/3 PAYEE PERRY FORD PLAZA SQUARE LTD POWERSTRIDE BATTERY CO INC PRO BUILD PRO -EDGE KNIFE PRUDENTIAL OVERALL SUPPLY RIBBONS GALORE RICK ALBA APPRAISAL SERVICE RTAC RHINO TRUCK SAFRAN MORPHOTRUST SAiY'S ALIGNMENT SERVICE SAN DIEGO FRICTION PRODUCTS SAN DIEGO GAS & ELECTRIC SAN DIEGO UNION TRIBUNE SASI SCANLON, D SCS ENGINEERS SCST INC SDG&E SEAPORT MEAT COMPANY SHERWIN WILLIAMS SHERWIN WILLIAMS. SITEONE LANDSCAPE SUPPLY LLC SMART & FINAL SMART SOURCE OF CALIFORNIA LLC SOUTHERN CALIF TRUCK STOP SPARKLETTS STAPLES BUSINESS ADVANTAGE SUPERIOR READY MIX SWEETWATER AUTHORITY SYSCO SAN DIEGO INC T MAN TRAFFIC SUPPLY TELLEZ, J THE FOCUS GROUP THE LIGHTHOUSE INC THONISON REUTERS WEST TOPECO PRODUCTS TRUCK VAULT INC U S BANK U S HEALTHWORKS U S HEALTHWORKS UNDERGROUND SERVICE ALERT VALLEY INDUSTRIAL SPECIALTIES VALLEY POWER SYSTEMS INC VISION SERVICE PLAN VISTA PAINT VULCAN MATERIALS COMPANY WAUSAU TILE INC WAXIE SANITARY SUPPLY CCAU;U ¢0 UNIA +. . . igATIKODI_ry WARRANT REGISTER #7 8/16/2016 DESCRIPTION R & M CITY VEHICLES FOR FY 2017 SETTLEMENT MOP#67839 AUTO PARTS / PW MOP#45707 SUPPLIES / NSD KNIFE SHARPENING SERVICE / NUTRITION MOP#45742 LAUNDRY SERVICES / PARKS CUSTOM FLAT RIBBON / CSD LIABILITY CLAIM COSTS SNUGTOP SUPER SPORT SHELL / PW NEW EMP FINGERPRINT TEST - JUNE 2016 MOP#72442 AUTO PARTS / PW MOP#8033 AUTO PARTS 1 PW GAS & ELECTRIC SVCS / NUTRITION PARADISE CREEK CLASSIFIED LISTING FLEXIBLE SPENDING 20 PARTICIPANTS SUBSISTENCE: DUI SEMINAR SFST / PD WELL DESTRUCTION PROJECT AT POLICE DEPT PLAZA AND N AVE PROJECT GAS & ELECTRIC UTILITIES MEAT / NUTRITION CENTER MOP 77816 PAINT SUPPLIES l NSD MOP 77816 MISC SUPPLIES! NSD MOP#69277 LANDSCAPE SUPPLY / PARKS MOP 45756 MISC SUPPLIES / FIRE MOP 63845 BUSINESS CARD IMPRINTS MOP#45758 OIL / PW WATER 1 NUTRITION CENTER MOP 45704 OFFICE SUPPLIES / S8 TACK OIL, 3/8 SHEET AND COLD MIX / PW FACILITIES DIVISION WATER UTILITIES FOOD 1 NUTRITION CENTER MOP#76666 PAINT 1 PW REIMB: COLORADO MARIJUANA IMPACT / PW REFUND: T&A #90070; NC CHICKEN LLC MOP#45726 AUTO PARTS / PW ON-LINE LEGAL RESEARCH / MAY 2016 MOP1l63849 AUTO PARTS / PW Z-CUSTOM, CUSTOM VAULT 1 PW CREDIT CARD EXPENSES / FIRE PRE -EMPLOYMENT PHYSICAL DOT EXAM UNDERGROUND SERVICE ALERT FY 2017 MOP#46453 SUPPLIES f PW PARTS - AUTOMOTIVE SUPPLIES f PW VISION SVC PLAN (CA)1 AUG 2016 MOP 68834 PAINT SUPPLIES 1 NSD WASHED CONCRETE SAND / PW BENCH CONCRETE TABLE / CSD MISCELLANEOI ;UPPLIES 102 of 231 CHK NO DATE AMOUNT 324877 8/16116 713.13 324878 8/16/16 1,500.00 324879 8/18/16 92.54 324880 8/16/16 2,874.49 324881 8/16/16 92.00 324882 8/16/16 779.33 324883 8/16/16 160.71 324884 8/16/16 125.00 324885 8/16/16 5,733.92 324886 8/16116 20.00 324887 8/16/16 153.00 324888 8/16/16 141.44 324889 8/16/10 190.52 324890 8/16/16 456.60 324891 8/16/16 270.00 324892 8/16/16 640.00 324893 8/16/16 38,241.90 324894 8/16/16 6,850.50 324895 8/16/16 32,126.37 324896 8/16/16 3,354.46 324897 8/16/16 205.74 324898 8/16/16 155.79 324899 8/16/16 1,443.48 324900 8/16/16 171.90 324901 6/16/16 450.18 324902 8116/16 52.73 324903 8/16/16 33.48 324904 8/16/16 1,192.91 324905 8/16/16 444.53 324906 8116/16 9,507.29 324907 8/16/16 15,079.47 324908 8/16/16 412.02 324909 8/16/16 492.40 324910 8/16/16 17,266.67 324911 8/16/16 103.50 324912 8/16/16 1,773.64 324913 8/16/16 6.21 324914 8/16/16 6,667.00 324915 8/16/16 1,243.72 324916 8/16/16 225.00 324917 8/16/16 81.00 324918 8/16/16 214.50 324919 8/16/16 1,210, 85 324920 8/16/16 3,148.33 324921 8/16(16 484.59 324922 8/16/16 531.61 324923 8/16/16 329,96 324924 8/16/16 2,009.60 324925 8/16/16 280.31 PAYEE WESTFLEX INDUSTRIAL JUDD ELECTRIC ABLE PATROL & GUARD BAKER & TAYLOR BRODART CO CALIFA GROUP NEWSBANK INC STAPLES BUSINESS ADVANTAGE U S POSTMASTER WIRED PAYMENTS EDD ARCO BUSINESS SOLUTIONS PAYCHEX BENEFIT TECHNOLOGIES PUBLIC EMP RETIREMENT SYSTEM SECTION 8 HAPS PAYROLL Pay period Start Date 17 8l2/2016 / I . 'CAM O R.N I -A itircopmeskrou WARRANT REGISTER #7 8/16/2016 DESCRIPTION MOP#63850 TRAFFIC SUPPLIES CITY WIDE ON SITE ELECTRICAL SERVICES 1 PW SECURITY GUARD SERVICES 1 LIBRARY BOOKS 1 LIBRARY BOOK PROCESSING SUPPLIES / LIBRARY CALIFA MEMBERSHIP RENEWAL / LIBRARY WEB BASED ACCESS TO WORLD NEWS 1 LIBRARY MOP #45704 - SUPPLIES 1 LIBRARY POSTAGE FOR OVERDUE NOTICES / LIBRARY UNEMPLOYMENT INS 4/01 /16 - 6/30/16 FUEL FOR CITY FLEET JULY 2016 BENETRAC ESR SVCS BASE FEE AUG 2016 SERVICE PERIOD 07/19/16 - 08/01/16 Start Date End Date 8/10/2016 8/16/2016 End Date Check Date 8/15/2016 8/24/2016 GRAND TOTAL 3/3 CHK NO REM AMOUNT 324926 8/16/16 175.93 324927 8/16116 1,210.00 324928 8/16/16 2,985.00 324929 8/16/16 1,994.90 324930 8/16/16 554.52 324931 8/16/16 400.00 324932 8/16/16 4,630.00 324933 8/16/16 61.02 324034 8/16/16 98.00 AMP Total 380,715.67 35944 8/11/16 6,625.00 165069 8/12/16 23,469.54 512547 8/12/16 412.00 8102016 8/1Oil 6 437,676.37 16,275.58 1,087,891.14 $11,953,065.30 103of231 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLATMS ANT) DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. 11/ MARK ROBERTS, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMM17"rEE RONALD J. MORRISON, MAYOR -CHAIRMAN JERRY CANO, VICE -MAYOR ALEJANDRA SOTELO-SOL1S, MEMBER MONA RIOS, MEMBER ALBERT MI;NDIVIL, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND TIIE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 20,h OF SEPTEMBE1t, 2016. AYES NAYS ABSENT 104 of 231 CC/CDC-HA Agenda 9/20/2016 — Page 105 The following page(s) contain the backup material for Agenda Item: Warrant Register #8 for the period of 08/17/16 through 08/23/16 in the amount of $1,250,523.16. (Finance) 105 of 231 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 20, 2016 AGENDA ITEM NO. ITEM TITLE: Warrant Register #8 for the period of 08/17/16 through 08/23/16 in the amount of $1,250,523.16. (Finance) PREPARED BY: K. Apalategui DEPARTMENT: Finance PHONE: 619-336-4572 EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 08/17/16 through 08/23/16. Consistent with Department of Finance, listed below are all payments above $50,000. Vendor Check/Wire Amount ARJIS City of Chula Vista Dick Miller Inc Haaker Equipment Co National City Chamber Western Rim Constructors 324943 66,562.00 324953 105,553.50 324963 204,322.50 324968 409,267.75 324984 55,615.13 325013 162,151.34 APPROVED BY: Explanation ARJIS JPA Costs Utilization / PD Animal Care Fees / PD Plaza Blvd & 14th St Project Vector 2110 Combination Sewer Cleaner NC Tourism Marketing — June 2016 Kimball & El Toyon Project FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $1,250,523.16 APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Ratify warrants totaling $1,250,523.1 6 BOARD / COMMISSION RECOMMENDATION: 'N/A ATTACHMENTS: Warrant Register #8 1o6 of231 1/2 -►kw CAP ! F 0.1 4111. PAYEE CALIFORNIA COMMERCIAL SECURITY CINTAS CORPORATION 694 REGIONAL TRAINING CENTER ACME SAFETY & SUPPLY CORP AFLAC ALDEMCO ALPHA PROJECT FOR THE HOMELESS ARJIS AT&T AT&T AT&T AT&T MOBILITY BOOT WORLD BROADWAY AUTO GLASS CALIFA GROUP CALIFORNIA ASSOCIATION OF CARAVANTES, S CITY OF CHULA VISTA COAST INDUSTRIAL SYSTEMS COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COX COMMUNICATIONS COX COMMUNICATIONS DATA TICKET INC DAY WIRELESS SYSTEMS DICK MILLER INC E2 MANAGE TECH INC EXPERIAN GARCIA, B OTC SYSTEMS INC HAAKER EQUIPMENT COMPANY HANDY METAL MART HAPPY SOFTWARE INC HONEYWELL ANALYTICS INC INNOVATIVE CONSTRUCTION KAISER FOUNDATION HEALTH PLANS KALANKIEWICZ, C KTU&A LANGUAGE LINE SERVICES LASER SAVER INC MAN K9 INC MCDOUGAL LOVE ECKIS MEGLA MANUFACTURING INC MEYERS NAVE MOTOROLA SOLUTIONS INC NITS NATIONAL CITY CHAMBER NATIONAL r CORPoRII<Tiv WARRANT REGISTER ##8 8/23/2016 DESCRIPTION CHK NO DATE AMOU'1T, CI I Y-WIDE ON -SITE ELECTRONIC DOOR REPAIR 324935 8/22/16 189.23 UNIFORMS / NUTRITION CENTER 324936 8/23/16 2,469.55 CCMA ANNUAL FEES FY16/17 324938 8/23/16 2,250.00 YELLOW CERAMIC DOTS / PW 324939 8/23/16 1,123.64 ACCT BDM36 SEPT 2016 324940 8/23/16 661.84 FOOD 1 NUTRITION CENTER 324941 8/23/16 13,041.67 EXPENSE REIMB OUTREACH /JUNE 2016 324942 8/23/16 10,000.00 ARJIS JPA COSTS UTILIZATION / PD 324943 8/23/16 68,562.00 PHONE SERVICES / JUNE 2016 324944 8/23/16 28,158.50 PHONE SERVICE / JULY 2016 324945 8/23/16 167.82 ANNUAL PHONE SERVICE / JULY 2016 324946 8/23/16 38.25 WIRELESS SERVICE / JUNE 2016 324947 8/23/16 2,267.70 MOP 64096 / SAFETY BOOTS / NSD 324948 8123/16 77.74 MATERIAL - GLASS / PW 324949 8/23/16 218.00 LIBRARY CENIC BROADBAND INTERNET ACCESS 324950 8/23/16 4,641.36 REGISTRATION: R SORIANO / NSD 324951 8/23/16 359.00 REIMB: LUNCHES FOR CERT MEMBERS 324952 8/23/16 29,4$ ANIMAL CARE FEES / PD 324953 8/23/16 105,553,50 FLAT TIP / PW 324954 8/23/16 103.36 UNIFIED PROGRAM FACILETY PERMIT / ENG 324955 8/23/16 530.00 SHARE OF PC REVENUE - JULY 2016 324956 8/23/16 10,489.25 REGIONAL COMMUNICATIONS SYSTEMS / JUN 20 324957 8/23/16 8,180.33 MAIL PROCESSING SERVICES / JULY 2016 324958 8/23/16 3,599.53 COX DATA SERVICES / JULY 2016 324959 8/23/16 3,529.62 COX DATA SERVICES / AUG 2016 324960 8/23/16 340.76 DATA TICKET APPEALS & ON-LINE ACCESS / NSD 324961 8/23/16 3,083.50 MAINTENANCE SERVICE FEES 1 PD 324962 8/23/16 6,534.00 PLAZA BLVD & 14TH ST PROJECT 324963 8/23/16 204,322.50 2020 HOOVER UST PROJECT 324964 8/23/16 330.00 CREDIT CHECKS / POLICE DEFT 324965 8/23/16 93.90 REFUND: PARKING CITATION; NC2160423015 324966 8/23/16 50.00 NETWORK ENGINEERING SUPPORT 324967 8/23/16 16,807.50 VECTOR 2110 COMBINATION SEWER CLEANER 324968 8/23/16 409,267.75 PS STEEL FLAT BAR / PW 324969 8/23/16 26.60 SOFTWARE SUPPORT RENEWAL / SEC 8 324970 8/23/16 10,403.00 REPAIR SERVICE / FIRE 324971 8/23/16 650.00 PLAZA BLVD. & 14TH ST, PROJECT 324972 8/23/16 20,477.50 INS ACTIVE - ADJ REPORT! AUG 2016 324973 8/23/16 4,343.03 REIMB: DUI SEMINAR / PD 324974 8/23/16 118.77 PLAZA BLVD. CONST. PROJECT 324975 8/23/16 761.25 LANGUAGE LINE INTERPRETATION SVC 324976 8/23/16 78.61 MOP 45725 INK CARTRIDGE / MIS 324977 8/23/16 468.60 MONTHLY SERVICE FEE / JUL 2016 324978 8/23/16 1,560.00 LIABILITY CLAIM COSTS 324979 8/23/16 56.00 WELDING WATER TRUCK ROOF RACK / PW 324980 8/23/16 2,430.00 LIABILITY CLAIM COSTS 324981 S/23f16 1,656.99 IMPRESS 6 UNIT BATTERY CHARGER / PW 324982 8/23/16 755.85 TROLLEY FLAGGER SERVICE / NSD 324983 8/23/16 94.64 NC TOURISM MI 107 of 231 E 2016 324984 8/23/16 55,616.13 2/2 PAYE MATTHEWS, N PACIFIC HIGM/VAY RENTALS LLC PACIFIC TELEMANAGEMENT SERVICE PCS MOBILE PRUDENTIAL OVERALL SUPPLY R J SAFETY SUPPLY RCP BLOCK & BRICK INC RODRIGUEZ, M S D COUNTY SHERIFFS DEPT SAN DIEGO PET SUPPLY SAN DIEGO POLICE EQUIPMENT SHRED IT USA SMART & FINAL SORIANO, R SPECIALTY FIRE AND RESCUE SPEEDPRO IMAGING STAPLES BUSINESS ADVANTAGE STARTECH COMPUTERS THE COUNSELING TEAM THE SAN DIEGO UNION TRIBUNE TIERRA WEST ADVISORS INC U S BANK UNITED RENTALS VCA EMERGENCY ANIMAL HOSPITAL VCA MAIN ST ANIMAL HOSPITAL VERIZON WIRELESS VISTA PAINT VULCAN MATERIALS COMPANY WESTERN RIM CONSTRUCTORS INC WILLY'S ELECTRONIC SUPPLY ZAP MANUFACTURING INC cAppositm NATIONAL ir aamt mcoapoxuartg WARRANT REGISTER #8 8/23/2916 pESCRIPTION CHK NO DATE AMOUNT SUBSISTENCE: NARCOTICS INVESTIGATIONS 324985 8/23116 1,280.00 STADIUM LIGHT TOWER RENTAL 324986 8/23/16 6,706.00 PAYPHONE SERVICES /JULY 2016 324987 8/23/16 156.00 DVD MULTI DRIVE FOR CF31 MK3 / PD 324988 8/23/16 963,60 MOP 45742 LAUNDRY SVC 1 NSD 324989 8/23/16 52.16 VEST CLASS 2 GREEN / PW 324990 8/23/16 87.09 STD ADOBE SLUMP / PW 324991 8/23/16 1,115.14 ADV LODGING / FBINAA CA CHAPTER TRAINER 1 PD 324992 8/23/16 730.00 RANGE USE FOR DEPARTMENT 324993 8/23/16 400.00 MOP 45753 K-9 FOOD - PD 324994 8/23/16 735.86 PB-PLATECARRIER / PD 324995 8/23/16 41,165.68 SHREDDING SERVICES 1 JUL 2016 324996 8/23/16 92.95 MOP 45756 MISC SUPPLIES / PD 324997 8123116 217.59 REIMO: CACEO SEMINAR / NSD 324998 8/23/16 351.70 MASS TRANSIT RESCUE TRAINING 1 FIRE 324999 8/23/16 1,190.00 GRAPHICS / PW 325000 8/23/16 233.00 2 - 12 PAMPHLET / 6 MAGAZINE DISPLAY 325001 8/23116 1,884.60 MOP 61744 MISC SUPPLIES / MIS 325002 8/23/16 568.86 EMP PEER SUPPORT SVC / MAY 2016 325003 8/23/16 800.00 CLASSIFIED LISTING: SEWER LINE PROJECT 325004 8/23/16 546.20 PROFESSIONAL SERVICES AGREEMENT 325005 8/23/16 8,658.33 CREDIT CARD EXPENSES / PD 325006 8/23/16 1:406.69 CUTTER ASPH / PW 325007 8/23/16 161.68 STRAY ANIMAL EMERGENCY VET CARE 325008 8/23/16 728.40 K9 VET CARE / PD 325009 8/23/16 970.49 CELLULAR SERVICE / JULY 2016 325010 8/23/16 11,420.37 MOP 68834 PAINT SUPPLIES 1 NSD 325011 8/23/16 167.57 3" CR ROCK / PW 325012 8/23/16 282.81 KIMBALL & EL TOYON PROJECT 326013 8/23/16 162,151.34 MOP 45763 MISC SUPPLIES / MIS 325014 8/23/16 68.25 3M ROLL GOODS / PW 325015 8/23/16 663.55 NP Total 1,250,523.16 GRAND TOTAL $ 1,250,523.16 108 of 231 Certification 1N ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT TIIE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. 71,4 MARK ROBERTS, FINANCE LESLIE DEESE, CITY MANAGER IZNANCE COMMITTEE RONALTD J. MORRISON, MAYOR -CHAIRMAN JERRY CANO, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER ALBERT MENDIVIL, MEMBER 1 HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 20th OF SEPTEMBER, 2016. AYES NAYS ABSENT 109 of 231 CC/CDC-HA Agenda 9/20/2016 — Page 110 The following page(s) contain the backup material for Agenda Item: An Ordinance of the City Council of the City of National City adding Chapter 2.62 to the National City Municipal Code adopting informal bidding procedures under the California Uniform Public Construction Cost Accounting Act (CUPCCAA). (Engineering/Public 110 of 231 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 20, 2016 AGENDA ITEM NO. ITEM TITLE: An Ordinance of the City Council of the City of National City adding Chapter 2.62 to the National City Municipal Code adopting informal bidding procedures under the California Uniform Public Construction Cost Accounting Act (CUPCCAA) PREPARED BY: Stephen Manganiello PHONE: (619) 336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: NIA ORDINANCE: INTRODUCTION: L FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Introduce Ordinance adding Chapter 2.62 to the National City Municipal Code adopting informal bidding procedures under the California Uniform Public Construction Cost Accounting Act BOARD / COMMISSION RECOMMENDATION: IN/AI ATTACHMENTS: 1. Explanation 2. Presentation from April 5, 2016, City Council Meeting 3. Ordinance 111 of 231 Explanation The City of National City is currently subject to formal competitive bidding requirements, as set forth in California Public Contract Code ("PCC") Section 20160, et. seq., if the estimated cost of a public project exceeds $5,000. The California Uniform Public Construction Cost Accounting Act ("Act") provides public agencies an alternative, informal competitive bidding process with larger dollar limits than PCC Section 20160, et. seq. The Act was established in 1983 under PCC §22000, et. seq. to promote uniform bidding procedures and cost accounting standards for Public Works projects. Public agency participation in the Act is voluntary. As of February 2016, 944 public agencies in California participate in the Act, including the following cities in the San Diego Region: Coronado, Escondido, Imperial Beach, La Mesa, Carlsbad, Del Mar, Oceanside and Vista. On April 5, 2016, staff provided a presentation to City Council on California Uniform Cost Accounting Procedures for Public Works Construction (see attached). The presentation highlighted the benefits of opting into the Act and steps required to implement uniform cost accounting procedures. The primary benefits include: Allows participating public agencies to expedite contracting for smaller public works projects; Increases informal bidding limits (currently up to $175,000); Increases limits for work involving City forces (currently up to $45,000); Establishes a list of qualified contractors to perform the work. At the conclusion of the presentation, staff addressed questions from City Council. Then, Council voted unanimously to direct staff to proceed with preparation of enabling ordinances and administrative policies required to implement California Uniform Cost Accounting Procedures for Public Works Construction. The attached Ordinance establishes alternative competitive bidding procedures for public projects, consistent with the Act, and as provided by PCC §22000, et. seq. Staff from the Finance Department and Engineering & Public Works Department have developed internal quality control measures and procedures to ensure compliance with the Act. Should Council decide to adopt the attached Ordinance at a subsequent City Council Meeting, staff would notify the State Controller's Office of the City's desire to "opt -in" to the Act, and submit a copy of the supporting Council Resolution. The Ordinance would take effect 30 days after City Council adoption. If the City does not wish to opt into the Act, staff shall continue to adhere to current formal public bidding requirements as set forth in PCC Section 20160, et. seq. 112 of 231 NM10NA€tTY tiS varosw -� California Uniform Cost Accounting Procedures for Public Works Construction City Council Meeting April 5, 2016 113 of 231 111111Milhat is CUPCCAA' - California Uniform Public Construction Cost Accounting Act (CUPCCAA) was established in 1983 under California Public Contract Code (PCC) §22000 et seq. soPurpose of Act - promote uniform bidding procedures and cost accounting standards for Public Works projects 4° California Uniform Construction Cost Accounting Commission (CUCCAC) was created by PCC §22010 to govern the Act vi 2 114 of 231 (Benefits of the Act Allows participating public agencies to expedite contracting for smaller public works projects • Increase informal bidding limits and limits for force account work (i.e. work using city forces) • Pre -qualify contractors to ensure responsible contractors are available to perform the work • Agencies that do not wish to opt into the Act shall continue to adhere to current formal public bidding procedures for all projects over $5,000 3 115 of 231 participating Agencies As of February 2016, 944 public agencies in California voluntarily participate in the Act Cities: 213 Counties: 40 Community College Districts: 42 School Districts: 358 Special Districts: 291 * San Diego Region General Law Cities: Coronado, Escondido, Imperial Beach, La Mesa Charter Cities: Carlsbad, Del Mar, Oceanside,, Vista 4 116 of 231 Project Construction Cosi„ ($45,000 or less) Contractor Pre -Qualifications: create annual list of qualified contractors by category of work by advertising in authorized trade journals inviting contractors to submit qualifying information to be included on the list No bid required: staff recommends soliciting at least 3 proposals from listed contractors or negotiating a best price if 3 are not available or willing to do the work • Work may be performed by: City Forces Negotiated Contract - Purchase Order 5 117 of 231 Project Construction Cos. ($45,001 to $175,OOO) Contractor Pre -Qualifications: create annual list of qualified contractors by category of work by advertising in authorized trade journals inviting contractors to submit qualifying information to be included on the list Solicit Competitive Bids using Informal Bidding Procedures: Mail Bid Notice to contractors on list and trade journals not less than 10 calendar days before bids are due Award to lowest responsible bidder (or may use city forces if bid provided by City forces is lowest) If no bids are received then the City may proceed with City forces or negotiated contract with a listed contractor 6 118 of 231 Project Construction Cost (greater than $175,000) Use current formal bidding procedures 119 of 231 Other Provisions of the A Public Works Laws still apply (pay prevailing wages, provide bonding, register with DIR, etc.) City Council is permitted to delegate the authority to award contracts Tess than $175,000 to the City Manager or other designee Emergency Contracts are permitted Maintenance Work not included Routine, recurring and usual work for the preservation o protection of any publicly owned or operated facility Minor repainting Street Resurfacina at Iess than 1" Landscape maintenance 120 of 231 Accounting Procedur€. Force Account Work - City staff must track and keep records for all project cost elements including: Personnel Materials Supplies Equipment Overhead Subcontracts Finance Dept coordinating integration of Project Accounting module in EDEN 9 121 of 231 Accounting Procedures ReviL Any interested party may submit evidence to the Commission on one or more of the following basis: When bids are rejected by the City on the basis that work could be done Tess expensively by City forces Commission has 45 days to review Required to halt project during review If found to be non -compliant the City must stop work and may award work to low bidder City forces were used on a project that exceeded $45, 001 without using informal bidding procedures Project was improperly classified as maintenance Commission has 90 days to review if found to be non -compliant staff must present facts to City Council and hold a public hearing 1,0 122 of 231 Penalty for Non -Compliance Three findings by the Commission of non- compliance within a 10 year period would prohibit the City from using the inform& bidding procedures allowed by the Act City would be required to return to using the current formal bidding procedures provided by the CA Public Contract Code 123 of 231 Pi tA, to Adopt the Aci;. City Council passes a resolution City Council adopts an ordinance outlining informal bidding procedures City notifies the State Controller's Office City follows the regulations and guidelines outlined in the State Controller's Office Cost Accounting Policies and Procedures Manual a Once an agency has opted in, it must conform to the uniform cost accounting procedures until the agency opts out of the Act by adopting a resolution opting out and forwarding said resolution to the State Controller's Office 12 124 of 231 1.1M iPUIR gaff Recommendation Direct staff to proceed with preparation of enabling 1l ordinances and administrative policies required to implement California Uniform Cost Accounting Procedures for Public Works Construction - Staff will return at subsequent City Council Meeting to present ordinances under Public Hearing 13 125 of 231 ORDINANCE NO. 2016 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING CHAPTER 2.62 TO THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO INFORMAL BIDDING PROCEDURES UNDER THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the amendment of the National City Municipal Code; and WHEREAS, before this Ordinance, the City of National City was subject to those competitive bidding requirements set forth in Public Contract Code section 20160, et. seq.; and WHEREAS, Public Contract Code section 20160, et. seq., required the City of National City to engage in formal competitive bidding if the estimated cost of a public project exceeded $5,000; and WHEREAS, the Uniform Public Construction Cost Accounting Act ("Act"), found at Public Contract Code section 22030, et. seq., provides public entities an alternative, informal competitive bidding process with larger dollar limits than Public Contract Code section 20160 et. seq.; and WHEREAS, on April 5, 2016, the City Council directed City staff to move forward with research related to adoption of the Act; and WHEREAS, the Act requires public entities wishing to adopt this alternative procedure to enact an informal bidding ordinance as described in Public Contract Code section 22034. NOW, THEREFORE, the City Council does ordain as follows: Section 1 That Chapter 2.62 of Title 2 of the Municipal Code of the City of National City is hereby added and shall read as follows: Chapter 2.62 Alternative Bid Procedures for Public Projects Sections: 2.62.010 Purpose. 2.62.015 Definitions. 2.62.020 Bid Limits and Applicable Procedures. 2.62.030 Less than Informal Bid Procedures. 2.62.040 Informal Bid Procedures. 2.62.050 Formal Bid Procedures. 2.62.060 Award of Bids; Rejection of Bids; Failure to Receive Bids. 2.62.070 Emergencies. Ordinance No. 2016 — Page 1 of 5 126 of 231 Alternative Bid Procedures for Public Projects 2.62.010 Purpose. The purpose of this chapter is to establish alternative competitive bidding procedures for public projects, consistent with the Uniform Public Construction Cost Accounting Act ("Act"). 2.62.015 Definitions. The definitions set forth in this section and in Public Contract Code section 22002 shall govern the application and interpretation of this Chapter: "Public project" means any of the following: A. Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility. B. Painting or repainting of any publicly owned, leased, or operated facility. C. In the case of a publicly owned utility system, "public project" shall include only the construction, erection, improvement, or repair of dams, reservoirs, power plants, and electrical transmission lines of 230,000 volts and higher. "Public project" does not include maintenance work. "Maintenance work" includes all of the following: A. Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes. B. Minor repainting. C. Resurfacing of streets and highways at less than one inch. D. Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems. E. Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, power plants, and electrical transmission lines of 230,000 volts and higher. "Facility" means any plant, building, structure, ground facility, utility system, subject to the limitation found in of subdivision (C) of the definition of "public project", real property, streets, and highways, or other public work improvement. 2.62.020 Bid Limits and Applicable Procedures. A. Bid Limits. 1. Public Projects of $45,000 or Less. Public projects of forty-five thousand dollars ($45,000) or less ("Less than Informal") may be performed by the employees of a public agency by force account, by negotiated contract, or by purchase order. 2. Public Projects Greater than $45,000 but Less than or Equal to $175,000. Public projects greater than forty-five thousand dollars ($45,000) and up to one hundred seventy- five thousand dollars ($175,000) ("Informal Bid"), may be let to contract through informal procedures as set forth in this chapter and the Act. Public Projects Greater than $175,000. Public projects of more than one hundred seventy-five thousand dollars ($175,000) ("Formal Bid") shall, except as otherwise provided in this chapter or in the Public Contract Code, be let to contract by formal bidding procedure. B. Statutory Maximum Amounts as Amended. The dollar limits described in this section are intended to match the limits established in Public Contract Code sections 22032 and 22034 as amended by the State Legislature or adjusted by the State Controller under Section 22020. State amendments or adjustments to the dollar limits made after the effective date of this ordinance shall act as amendments to the dollar amounts set forth herein without further city council action. Ordinance No. 2016 — Page 2 of 5 Alternative Bid Procedures for Public Projects 127 of 231 2.62.030 Less than Informal Bid Procedures. A. Awarding Authority. 1. City Engineer & Purchasing Agent Authority. a. Public projects up to twenty-five thousand dollars ($25,000) or less may be awarded by the city engineer. b. Public projects of forty-five thousand dollars ($45,000) or less may be awarded by the purchasing agent. 2. Three Vendor Bids. a. If the public project of forty-five thousand dollars ($45,000) or less is being performed by negotiated contract or purchase order, the City Engineer, or designee, may make reasonable efforts to contact and obtain bids from at least three (3) vendors and award to the contractor providing the best value to the city. 2.62.040 Informal Bid Procedures. These procedures apply to public projects subject to Informal Bid. A. Awarding Authority. 1. City Manager Authority. a. The city manager or designee is authorized to award and execute Informal Bid contracts for public projects pursuant to this chapter. B. Written Estimate. The dollar limits set forth for informal bidding apply to the city engineer's written estimate of the cost to complete any public project. C. Splitting Projects. It shall be unlawful to split or separate into smaller work orders or projects any project for the purpose of evading the provisions of this section requiring work to be done by contract after competitive bidding. D. Qualified Contractors List for Informal Bidding. A list of qualified contractors shall be developed and maintained by the City Engineer in accordance with the provisions of Section 22034 of the Public Contract Code and criteria promulgated from time to time by the Uniform Construction Cost Accounting Commission. This list of qualified contractors shall be maintained according to work categories. E. Noticing and Award of Informal Bid Contracts. Any contract awarded pursuant to this section shall be awarded to the lowest responsible bidder. The following shall apply to informal bids for public projects: 1. Required Notice. All contractors on the list developed as required by Section 2.62.040(D) for the category of work being bid shall be mailed, faxed, or emailed a notice inviting informal bids unless the product or service is proprietary. The purchasing agent or city engineer may elect to mail, fax, or email a notice inviting informal bids to all construction trade journals specified in Public Contract Code section 22036. 2. Time for Providing Notice. All mailing of notices to contractors pursuant to this Section 2.62.040 shall be completed not less than ten (10) calendar days before bids are due. 3. Description of Project. The notice inviting informal bids shall describe the project in general terms and how to obtain more detailed information about the project, and state the time and place for the submission of bids. 4. Change Orders. The city manager may approve change orders for public projects in amounts not exceeding an aggregate of twenty-five (25) percent or fifty -thousand dollars, whichever is greater, over the original authorized contract price without prior city council approval. 5. Bids Exceeding $175,000. If all bids received are in excess of one hundred seventy-five thousand dollars ($175,000), the city council may, by adoption of a resolution by a four -fifths vote, award the contract, at one hundred eighty-seven thousand five hundred dollars Ordinance No. 2016 — Page 3 of 5 Alternative Bid Procedures for Public Projects 128 of 231 ($187,500) or less, to the lowest responsible bidder, if it determines the cost estimate of the public agency was reasonable. 2.62.050 Formal Bid Procedures. These procedures apply to public projects subject to Formal Bid. A. Notices Inviting Formal Bids. 1. Contents of Notice. Notices inviting formal bids shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project. 2. Publication Date of Notice. The notice shall be published at least fourteen (14) calendar days before the date of opening the bids in a newspaper of general circulation, printed and published in the city or otherwise comply with the applicable requirements of Public Contract Code section 22037. 3. Mailing Date of Notice. The notice shall be mailed at least fifteen (15) calendar days before the date of opening the bids to all construction trade journals specified in Public Contract Code section 22036. The notice inviting formal bids may also be sent electronically, if available, by either facsimile or electronic mail, within the same time frame specified for regular mail, to all construction trade journals specified in Public Contract Code section 22036. B. Plans & Specifications for Formal Bids. The city engineer, as the city council's designated representative, shall adopt plans, specifications, and working details for all public projects subject to the Form Bidding Procedures. Any person may examine the plans, specifications, or working details, or all of these, adopted by the city engineer for any public project. 2.62.060 Award of Bids; Rejection of Bids; Failure to Receive Bids. This section applies to public projects subject to either Formal Bid or Informal Bid. A. Rejecting Bids. In its discretion, the city council may reject any bids presented, if the city, prior to rejecting all bids and declaring that the project can be more economically performed by employees of the agency, furnishes a written notice to an apparent low bidder. The notice shall inform the bidder of the agency's intention to reject the bid and shall be mailed at least two (2) business days prior to the city council meeting at which the city intends to reject the bid. If after the first invitation of bids all bids are rejected, after reevaluating its cost estimates of the project, the city council shall have the option of either of the following: 1. Abandoning the project or re -advertising for bids in the manner described by this chapter. 2. After passing by a resolution by a four -fifths vote of the city council declaring that the project can be performed more economically by the city employees, have the public project done by force account without further complying with this chapter. B. Lowest Responsible Bidder. If a contract is awarded, it shall be awarded to the lowest responsible bidder. If two or more bids are the same and the lowest, the city may accept the one it chooses. C. No Bids Received. If no bids are received through the formal or informal procedure, the project may be performed by the employees of the city, by force account, or negotiated contract without further complying with this chapter. 2.62.070. Emergencies. In cases of emergency when repair or replacements are necessary, the city council may proceed at once to replace or repair any public facility without adopting plans, specifications, strain sheets, or working details, or giving notice for bids to let contracts. The work may be done by day labor under the direction of the city manager, by Ordinance No. 2016 — Page 4 of 5 129 of 231 Alternative Bid Procedures for Public Projects contractor, or by a combination of the two. In case of an emergency, if notice for bids to let contracts will not be given, the city shall comply with Chapter 2.5 of Part 3 of Division 2 of the Public Contract Code (commencing with Section 22050). Section 2 This Ordinance shall take effect and be in force thirty (30) days from the date of its passage, and before the expiration of fifteen (15) days after its passage, it or a summary of it, shall be published once, with the names of the members of the City Council voting for and against the same in the San Diego Union Tribune, a newspaper of general circulation published in the County of San Diego, California. Section 3 The city council declares that the judicial invalidity of any subsection or portion of this chapter shall not affect the validity of any other remaining section or portion; that the city council would have adopted each of those remaining portions, notwithstanding any later declared invalidity. If any provision determined invalid under the preceding sentence can either be judicially severed or interpreted in a way that could harmonize it with the remaining provisions, then it may be severed or interpreted and applied so as to give full purpose, meaning, and effect to the remaining provisions of this chapter. Section 4 The proposed action is exempt from the California Environmental Quality Act ("CEQA") under Section 15061(b)(3) — general rule; the project is not considered a project under CEQA as there is no possibility that the activity raised by this ordinance may have a significant impact on the environment; the city is currently subject to one set of competitive bidding requirements, and, by this ordinance, is electing to subject itself to a different set of competitive bidding requirements. PASSED and ADOPTED this day of , 2016. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor Ordinance No. 2016 — Page 5 of 5 Alternative Bid Procedures for Public Projects 130 of 231 CC/CDC-HA Agenda 9/20/2016 — Page 131 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement between the City of National City and EsGil Corporation to provide on -call plan reviews, permit processing, construction inspections, code enforcemen 131 of 231 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 20, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement between the City of National City and EsGil Corporation to provide on -call plan reviews, permit processing, construction inspections, code enforcement services, and related services for various City departments including but not limited to Building, Fire, and Engineering, in the not -to -exceed amount of $800,000 per year fora period of three years. (Funded by fees collected, developer deposits, various Capital Improvement Project funds, and other funds as needed). (Building/Fire) PREPARED BY: Frank Parra DEPARTMENT: Bu d'r n Fir PHONE: j619-336.4551 APPROVED BY: EXPLANATION: See Staff Report. FINANCIAL STATEMENT: APPROVED: '57Finance ACCOUNT NO. 120-00000-3545 Revenue account 120-412-028-213-0000 — Professional Services No net financial impact. This contract is an as needed basis and funded by fees collected, developer deposits, and various capital improvement projects. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: STAFF RECOMMENDATION: Adopt Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Staff Report Agreement between the City of National City and EsGil Corporation Resolution MIS 132 of 231 Staff Report EsGiI Corporation EsGil Corporation has been providing services for permit processing, plan reviews, construction inspections, and code enforcement services for Building, Fire, and Engineering Departments since August 6, 2013 (Reso. 2013-112). However, that Agreement expired on August 7, 2016, even though both parties could have mutually agreed to extend the terms for three one year intervals. The Building, Fire, and Engineering Departments desire to have the City sign a new Agreement at this time with an effective date of August 8, 2016. Over the last two years, the City has experienced a continued increase in submittals for plan checks and inspections. These increases have exhausted our initial appropriations of $300,000 for plan reviews and $100,000 for services outside of plan reviews. Each year, as a result of the low thresholds, we have had to request additional increases in appropriations. The new Agreement has a not to exceed amount of $800,000 per year for a period of three years for plan review and/or plan checks. This will avoid taking unnecessary requests for appropriation increases to the City Council. The Agreement may be extended by one year with no more than three extensions. From April -July 2013, the City issued a Request for Proposal (RFP) for on -call services to provide assistance with permit processing, plan reviews, construction inspections, and code enforcement services to over 30 firms. Staff conducted panel interviews with the firms, evaluated their qualifications/services available, reviewed the cost proposals, and conducted reference checks. At that time, the panel concluded that EsGil Corporation could provide the best service to the City of National City. EsGil's many years of support services has been of great value to the City. This Agreement is an as needed basis and funded by fees collected, developer deposits, and various capital improvement projects. Staff recommends that Council approve and authorize the Mayor to sign the Agreement. 133 of 231 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND ESGIL CORPORATION THIS AGREEMENT is entered into on this 20t1 day of September, 2016, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and ESGIL CORPORATION, a corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide permit processing, plan reviews, construction inspections and code enforcement on -site and off -site services. WHEREAS, the CITY has determined that the CONSULTANT is a plan review firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT to provide permit processing, plan reviews, construction inspections and code enforcement on -site and off -site services, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on August 8, 2016. The duration of this Agreement is for the period of three years from August 8, 2016 through August 7, 2019. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "A". This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year term. The Parties may exercise up to three one-year extensions. Any extension of this Agreement must be approved in writing by the City Manager. 3. SCOPE OF SERVICES. Consultant will perform services including but not limited to: permit processing, plan reviews, construction inspections and code enforcement on -site and off -site services. The CONSULTANT will perform services as set forth in the attached Exhibit «A„ The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance 1 City of National City and September 20, 2016 EsGi1 Corporation 134 of 231 by the CITY. The CONSULTANT shall appear at meetings specified in Exhibit "A" to keep staff and City Council advised of the progress on the Project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. Luis Sainz, Building Official, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Kurt Culver, President, thereby is designated as the Project Director for the CONSULTANT. 5. COMPENSATION AND PAYMENT. The CITY establishes the plan checking fee by resolution of the City Council. The CITY collects the plan checking fee from the applicant. The CONSULTANT's compensation for reviewing building department plans, commonly referred to as plan checking, shall be sixty five -percent (65%) of the plan checking fee collected by the CITY for each permit based upon the CITY's adopted fee schedule in effect at the time of the plan check submittal. The CONSULTANT's compensation for reviewing fire department plan reviews shall be thirty percent (30%) of the plan checking fee collected by the CITY for each permit based upon the CITY's adopted fee schedule in effect at the time of the plan check submittal. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $800,000 per year for plan reviews and/or plan checking, without prior written authorization from the Director of Emergency Services. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 6. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine 2 City of National City and September 20, 2016 EsGil Corporation 135 of 231 the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S written work product for the CITY'S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 3 City of National City and September 20, 2016 EsGil Corporation 136 of 231 9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees, except as herein set forth, and the CONSULTANT or the CONSULTANT'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being understood that the CONSULTANT its agents, servants, and employees are as to the CITY wholly independent CONSULTANT, and that the CONSULTANT'S obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a mariner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT'S professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY' S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 4 City of National City and September 20, 2016 EsGil Corporation 137 of 231 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's negligent performance of this Agreement. CITY will cooperate reasonably in the defense of any action, and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney. 5 City of National City and September 20, 2016 EsGil Corporation 138 of 231 The indemnity, defense and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following checked insurance policies: A. n If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. 6 City of National City and September 20, 2016 EsGil Corporation 139 of 231 F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. Insurance shall be written with only California admitted companies that hold a current policy holder's alphabetic and financial size category rating of not less than A:VII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. H. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. I. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 7 City of National City and September 20, 2016 EsGil Corporation 140 of 231 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Luis Sainz Building Official Building Department City of National City 1243 National City Boulevard National City, CA 91950-4397 8 City of National City and September 20, 2016 EsGil Corporation 141 of 231 To CONSULTANT: Kurt Culver President EsGil Corporation 9320 Chesapeake Drive, Suite 208 San Diego, CA 92123 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the CONSULTANT. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date 9 City of National City and September 20, 2016 EsGil Corporation 142 of 231 shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits or schedules or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Subcontractors or Subconsultants. The City is engaging the services of the CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the City in writing. In the event any portion of the work under this Agreement is subcontracted, the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor of the City, both the insurance provisions in Section 17 and the indemnification and hold harmless provision of Section 15 of this Agreement. M. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such parry's counsel and advisors have reviewed this Agreement, (v) each party 10 City of National City and September 20, 2016 EsGil Corporation 143 of 231 has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. [Signature Page to Follow] 11 City of National City and September 20, 2016 EsGil Corporation 144 of 231 CITY OF NATIONAL CITY ESGIL CORPORATION (Corporation — signatures of two corporate officers required) By: By: Ron Morrison, Mayor Michael McCurdie, CEO APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney 12 By: Gregory Toth, Chief Revenue Officer City of National City and September 20, 2016 EsGil Corporation 145 of 231 Exhibit "A" A. Plan Reviews Provide plan reviews consistent with application of building standards for buildings, shopping malls, civic centers, hospitals, sports arenas, City facilities, hotels, hazardous occupancies, trash recycling, dwelling additions, residential dwellings, and residential complexes by qualified staff identified in the RFP. Staff to include the following: • licensed structural engineers • licensed civil engineers • mechanical engineers • licensed electrical engineers • certified plans examiners • certified building inspectors Structural reviews to always be performed by or under the supervision of one of our licensed structural engineers. All plan review engineers are to International Code Council (ICC) Certified and required to have previous experience working in government building departments. Provide state -mandated Certified Access Specialist Program (CASp) Plans Examiners and Energy and Environmental Design (LEED) Certified Plans Examiners when necessary. Provide 3rd party reviews for the Engineering Department for Capital Improvement Projects on an as needed basis by qualified plans examiners. Provide plan reviews for the Fire Department on an as needed basis by qualified plans examiners. EsGil shall pick-up and deliver plans when requested by the City staff, at no cost to the City. Pick-ups and deliveries can be made within 24 hours of the City's request. EsGil shall have the ability to receive plans from the City or from the applicant by mail, courier, or via electronic transmission. After plans are reviewed staff will identify any code deficiencies in a customized typed list for the applicant. The plan reviewer coordinates his/her review with the other plan check disciplines (electrical, mechanical, plumbing, structural energy, and disabled access) to ensure good communication and coordination of listed deficiencies. The completed review list shall be attached to the permit in the City's software program prior to or on the contract deadline The following is a list of turnaround times for each type of job assigned: Type of Project Initial Check Recheck Plan Change Single Family Dwellings 7 Working days 5 Working days 5 Working days Apartments 10 Working days 5 Working days 5 Working days Tenant Improvements 7 Working days 5 Working days 5 Working days Commercial/Industrial 12 Working days 5 Working days 5 Working days Rechecks 5 Working days 5 Working days 5 Working days Plan Changes 5 Working days 5 Working days 5 Working days *Accelerated/expedited plan reviews can be performed on overtime, in half of the normal turnaround times or as requested by the Building Official. September 20, 2016 13 City of National City and EsGil Corporation 146 of 231 B. Inspection Services Provide personnel for inspections ranging from dwelling additions, to shopping malls and others. All inspectors shall be ICC Certified and each shall have 3 years of government building & safety experience. Provide personnel for as -needed building inspection assignments that are ICC Certified for building safety inspection services during the construction phase of various projects. Provide Inspection Services for Fire Department and Engineering Department on an as needed basis by qualified inspectors. Inspectors shall provide the following services: • Read and study project specifications, plans, and drawings to become familiar with project prior to inspection, ensuring that structural or architectural changes have been stamped as approved by the appropriate authority; recognizing the need for and requiring plan checks for electrical, plumbing, and mechanical code requirements. • Perform and document inspections on construction projects to determine that all aspects of the project, such as foundations, building, electrical, plumbing, and mechanical systems conform to the applicable building codes, ordinances, energy conservation, and disabled access requirements including known local, city, state and federal requirements. • Provide excellent customer service to the public as an extension of City staff. Our certified inspectors are knowledgeable and specialize in on -site problem solving and working closely with contractors and property owners through completion of the inspection. • Coordinate reviews with fire, health, and other government agency inspectors, as well as owners and builders. • Maintain a record of non -complying items and follow-up to resolution of such items, including any appeals. • All inspectors carry cell phones for contacting supervisors and all plan check disciplines, to assist in problem solving and providing high service levels. • Results findings in the City's software program. C. Code Enforcement Provide personnel to assist the City with conducting investigations of building safety related violations of the applicable codes. Staff shall work closely with decision makers to understand the philosophy within the City. All inspectors shall be fully trained in building safety -related code enforcement. Provide code enforcement assistance to Planning, Fire and Engineering/Public Works as -needed. D. Additional Services Provide additional services including but not limited to writing code adoption ordinances, answering questions, expediting reviews, pick-up and delivery of plans and general building services. 14 City of National City and September 20, 2016 EsGil Corporation 147 of 231 E. Compensation Each month, a detailed invoice shall be sent to the City which shows each project reviewed. In addition to fee Information, the invoice will also include a project description and turn -around times. Engineering Plan Reviews shall be charged on an hourly basis. A proposal for the review shall be submitted to the City with a not -to -exceed amount. Labor rates are used for other departments only when requested by our clients and where the use of a percentage of the permit fee or plan check fee is not applicable or appropriate. CLASSIFICATION HOURLY RATE' Division Manager $140.00 Supervising Structural Engineer $135.00 CASp Certified Access Examiner $94.40 LEED Certified Plans Examiner $94.40 Structural Engineer $94.40 Civil Engineer $94.40 Electrical Engineer $94.40 Energy Plans Examiner $94.40 Mechanical Engineer $94.40 Building Official $94.40 Supervising Building Inspector $94.40 Deputy Building Official $94.40 I.C.C. Plans Examiner $94.40 Building Inspector $83.00 Permit Specialist/Counter Tech $72.00 Clerical Support $34.00 (Rates are subject to change each year on August 8)2 1 Rates are increased by a factor of 1.5 for overtime, and for holiday and weekend assignments. 2 Thirty day written notice is required and the increase shall not exceed 3% per year. 3 This single fee includes all rechecks, plan check conferences at the EsGil office, reviewing plans that are initially found to be incomplete and for the transmission of plans to and from the jurisdiction via EsGil courier service. 15 City of National City and September 20, 2016 EsGi1 Corporation 148 of 231 Re4lular Basis Rate / As -Needed Rate On -site staffing Counter Technician Hourly rate: $72.00 Building/Engineering/Fire Inspector Hourly rate: $83.00 Off -site staffing Building and Fire Plan Reviews Building Plan Reviews: Percentage of Fee: 65% of the Citv's Plan Check Fee Fire Department Plan Reviews: Percentage of Fee: 30% of the City's Plan Check Fee 16 City of National City and September 20, 2016 EsGil Corporation 149 of 231 RESOLUTION NO. 2016 —150 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND ESGIL CORPORATION TO PROVIDE ON -CALL PLAN REVIEWS, PERMIT PROCESSING, CONSTRUCTION INSPECTIONS, CODE ENFORCEMENT SERVICES, AND RELATED SERVICES FOR VARIOUS CITY DEPARTMENTS, INCLUDING BUT NOT LIMITED TO, BUILDINGS, FIRE, AND ENGINEERING, FOR A NOT TO EXCEED AMOUNT OF $800,000 PER YEAR FOR A TERM OF THREE YEARS WHEREAS, on April 30, 2013, the City issued to 30 firms a Request for Proposal for on -call services to provide assistance with permit processing, plan reviews, construction inspections, and code enforcement services for various City departments, including but not limited to, Building, Fire, and Engineering; and WHEREAS, EsGil Corporation ("EsGil") was found to be the most qualified to provide these services to the City; and WHEREAS, on August 6, 2013, the City Council adopted Resolution No. 2013- 112, entering into an Agreement with Esgil Corporation for the total not -to -exceed amount of $300,000 per year for three years for plan reviews, and $100,000 per year for three years for all other services, for a total not -to -exceed amount of $400,000 per year for on -call services to provide assistance with permit processing, plan reviews, construction inspections, and code enforcement services for various City departments, including but not limited to, Building, Fire, and Engineering for a term of three (3) years; and WHEREAS, over the last two years, the City has experienced a continued increase in submittals for plan checks and inspections that have exhausted the initial appropriations of $300,000 for plan reviews, and $100,000 for services outside of plan reviews; and WHEREAS, the City and Esgil desire to enter into a new agreement not to exceed $800,000 per year for a period of three years with an option to extend the term of the agreement by one year with no more than three extensions; and WHEREAS, the Agreement will be funded by fees collected, developer deposits, and various capital improvement projects. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a three-year Agreement with EsGil Corporation in the not -to -exceed amount of $800,000 per year to provide on -call assistance with permit processing, plan reviews, construction inspections, and code enforcement services for various City departments, including but not limited to, Building, Fire and Engineering. [Signature Page to Follow] 150of231 Resolution No. 2016 — 150 Page Two PASSED and ADOPTED this 20t1 day of September, 2016. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor 151 of 231 CC/CDC-HA Agenda 9/20/2016 — Page 152 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the following actions to fund the Las Palmas Park & El Toyon Park Lighting Project: 1) release $514,172 from State Grant Fund 348 fund balance to the General Fund fund balance; 2) app 152 of 231 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: 1September 20, 2016 AGENDA ITEM NO. 1 ITEM TITLE: 'Resolution of the City Council of the City of National City authorizing the following actions to fund the Las Palmas Park & El Toyon Park Lighting Project: 1) release $514,172 from State Grant Fund 348 fund balance to the General Fund fund balance; 2) appropriate $814,172 to corresponding CIP expenditure accounts for El Toyon Park & Las Palmas Park improvements from General Fund fund balance; and 3) appropriate $89,019.93 in the El Toyon Park Improvements CIP account from Park & Recreation Capital Outlay Fund fund balance PREPARED BY: Stephen Manganiello PHONE: I(619) 336-4382i EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: 001-409-500-598-4133 (Las Palmas Park Improvements CIP): $414,172.00 001-409-500-598-4131 (El Toyon Park Improvements CIP): $400,000.00 115-409-500-598-4131 (El Toyon Park Improvements CIP): $89,019.93 ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: ` ' (ez Finance MIS STAFF RECOMMENDATION: Adopt Resolution authorizing funding for the Las Palmas Park & El Toyon Park Lighting Project. BOARD 1 COMMISSION RECOMMENDATION: INhA ATTACHMENTS; 1. Explanation 2. Resolution 153 of 231 Explanation In Spring 2016, one of the 60-foot tall ballfield Tight poles at Las Palmas Park collapsed. Fortunately, no one was injured. Staff immediately secured the site, removed the pole and performed an inspection. It was determined that the light pole had deteriorated at the base. Staff then inspected the remaining seven ballfield lights at Las Palmas Park. Based on the results of the inspections, two of these lights were removed due to similar structural issues. In order to accommodate additional lighting for upcoming girls softball league night games, staff rented a 60-foot tall portable light tower to supplement the remaining five ballfield lights. The portable light tower is costing the City approximately $4,000 per month. As a result of the lighting issues at Las Palmas Park, staff inspected the lights at El Toyon Park. Based on the results of the inspections, all of the lights for the eastern section of El Toyon Park were removed due to issues with structural integrity. In 2015, staff inspected the ballfield lights for the El Toyon Park Multi -Purpose Field, located in the western section of the park. Based on the results of the inspections, staff was required to repair and/or retrofit the ballfield lights, wiring and equipment in the electrical panel boxes to maintain service. Staff anticipates the need to replace all of the ballfield lights for the El Toyon Park Multi -Purpose Field within the next five years, as the lights have reached their useful life. Staff estimates the cost to remove the existing lights and install new lights with associated infrastructure and equipment upgrades at $600,000 to $700,000. New lighting for the El Toyon Park Multi -Purpose Field will be developed as a separate project, due to funding constraints. Staff is currently working with an on -call engineering and lighting consultant to obtain quotes and develop plans for new ballfield lighting at Las Palmas Park and new lighting for the eastern section of El Toyon Park. The project cost estimate is approximately $900,000 to purchase and install new lighting, conduit, wiring, pull boxes and electrical equipment. This estimate also includes associated project costs for final design and engineering, construction management and inspections. See attached preliminary engineering plans for park lighting and associated infrastructure improvements at both parks. In order to minimize impact to the General Fund, staff is recommending the following City Council actions to fund the project: 1) release $514,172 from State Grant Fund 348 fund balance to the General Fund fund balance; 2) appropriate $814,172 to corresponding CIP expenditure accounts for El Toyon Park & Las Palmas Park Improvements from General Fund fund balance; and 3) appropriate $89,019.93 in the El Toyon Park Improvements CIP account from Park & Recreation Capital Outlay Fund fund balance. These actions would result in a net decrease to General Fund fund balance of $300,000. 154 of 231 Staff researched the history of State Grant Fund 348 and confirmed that the associated projects were completed and reimbursed by the granting agencies in full. There has also been no activity in Fund 348 for the past 6 years. 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V.M041 mA mw I.414IF "PS 401.0 CV IA 157 of 231 RESOLUTION NO. 2016 — 151 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE FOLLOWING ACTIONS TO FUND THE LAS PALMAS PARK AND EL TOYON PARK LIGHTING PROJECT: 1) RELEASE $514,172 FROM STATE GRANT FUND 348 FUND BALANCE TO THE GENERAL FUND FUND BALANCE; 2) APPROPRIATE $814,172 TO CORRESPONDING CIP EXPENDITURE ACCOUNTS FOR EL TOYON PARK AND LAS PALMAS PARK IMPROVEMENTS FROM GENERAL FUND FUND BALANCE; AND 3) APPROPRIATE $89,019.93 IN THE EL TOYON PARK IMPROVEMENTS CIP ACCOUNT FROM PARK AND RECREATION CAPITAL OUTLAY FUND FUND BALANCE WHEREAS, in Spring 2016, one of the eight 60-foot tall ballfield light poles at Las Palmas Park collapsed due to deterioration of the base. City staff immediately secured the site, removed the pole, and performed an inspection; and WHEREAS, based on the inspection, two more Tight poles were removed due to similar structural issues; and WHEREAS, the City is currently renting a 60-foot tall portable light tower for a monthly cost of $4,000 to supplement the remaining five ballfield lights; and WHEREAS, as a result of the lighting issues at Las Palmas Park, staff inspected the lights at El Toyon Park and discovered that all of the lights for the eastern section of El Toyon Park needed to be removed due to issues with structural integrity. WHEREAS, the cost to purchase and install new lighting, conduit, wiring, pull boxes, and electrical equipment for new ballfield lighting at Las Palmas Park and new lighting for the eastern section of El Toyon Park is estimated to be approximately $900,000; and WHEREAS, in order to minimize impact to the General Fund, staff is recommending the following City Council actions to fund the project: 1) release $514,172 from State Grant Fund 348 fund balance to the General Fund fund balance; 2) appropriate $814,172 to corresponding CIP expenditure accounts for El Toyon Park and Las Palmas Park Improvements from General Fund fund balance; and 3) appropriate $89,019.93 in the El Toyon Park Improvements CIP account from Park and Recreation Capital Outlay Fund fund balance. These actions would result in a net decrease to General Fund fund balance of $300,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the following actions: 1) release $514,172 from State Grant Fund 348 fund balance to the General Fund fund balance; 2) appropriate $814,172 to corresponding CIP expenditure accounts for El Toyon Park and Las Palmas Park Improvements from General Fund fund balance; and 3) appropriate $89,019.93 in the El Toyon Park Improvements CIP account from Park and Recreation Capital Outlay Fund fund balance. [Signature Page to Follow] 158 of 231 Resolution No. 2016 — 151 Page Two PASSED and ADOPTED this 20th day of September, 2016. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor 159 of 231 CC/CDC-HA Agenda 9/20/2016 — Page 160 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit — St. Mary's Fall Festival hosted by St. Mary's Church on Sunday, October 2, 2016 at the parish grounds located between E. 8th Street and "E" Avenue from 7 a.m. to 7:00 p.m. with no waiver of fees. (Neighborhood Services) 160 of 231 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 20, 2016 AGENDA ITEM NO. ITEM TITLE: Temporary Use Permit — St. Mary's Fall Festival hosted by St. Mary's Church on Sunday, October 2, 2016 at the parish grounds located between E. 8th Street and "E" Avenue from 7 a.m. to 7 p.m. with no waiver of fees. PREPARED BY: IDionisia Trejo DEPARTMENT: Neighborhood Services, Department PHONE: j(619) 336-4265 APPROVED BY: EXPLANATION: This is a request from St. Mary's Church to conduct the 2016 St. Mary's Fall Festival event on Sunday, October 2, 2016 at their parish east parking lot located between E. 814' Street and "E" Avenue. This event features approximately 20 assorted booths, including food booths, religious booths, sewing club arts & crafts, and game booths. Two (2) 20x20 canopies will be set up for dining and a rented stage will be used for event entertainment and dancing acts. No street closures will be required for this event. FINANCIAL STATEMENT; APPROVED: Finance ACCOUNT NO. APPROVED: MIS ;City fee of $237.00 for processing the TUP through various City departments and $200.00 for the Fire Department Inspection fees. Total fees: $437.00. ENVIRONMENTAL REVIEW: NIA ORDINANCE: INTRODUCTION: J FINAL ADOPTION: f STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: iNIfA ATTACHMENTS: ;Application for a Temporary Use Permit with recommended approvals and conditions of approval. 101 of 231 IIIIIIIIIIMI afahlFestival Q TUP City of Natioral City Neighborhood Services Department 1243 Natio/at City Boulevard a National Clty, CA 91950 (619) 336-4364 s fax (6194 3364217 v.ww.nationalcityca.gov Special Event Application ❑ Parade/March Q Sporting Evert Event td t;nr, Fx Locatior ❑ Walk or Run El ConcertlPerformance Q Other (spay) Event a ST. MARY'S FALL FESTiVAL Ems Location (list ail sites being requested) EAST PARSING LOT RECEIVED AUG 2 $ 2016 peepar"t t 'a" Depariment sAyomailimiciy OF CHIlfter"l$rprgliErr— Set -Up Starts Date SEPT 30 Time 9: 00 Day of WeekFRT. Event D �. ZND Time 7 : 00 Event Ends Dmi OCT. 2ED _ Time7:00 P.M. Brawn Ends Date OCT. 3RD Dal, of Week S UHDAY Day of Week SUNDAY Time 9 : 00 A.M. Day of Week MONDAY PASTOR:. ERNESIO SUNCCAB Applicant (your na R. ERNES TO SUNGCA ST rAV' CHIIRCR +Draanimti�ana ' +s j 7.4 i,14_ 1501 Event Coordinator (if different from socket*ALICR S7�&EBER FAX: 4 74-1502 Mailing Address Z 9 2 9 RA s T 16 ph s TRIM'? NAT T 0NAT. r* t Ry Day Phone 475-2414 After Hours Phone COI Fax _ Pua inforrrsstian Pha 7 i .15 01 chgteLati of l e o Applairg agrees to knrestigate, defend, IndemnI 3r and hold harmless the tar, Its otfroem, employees and agents from and against eny end al loos, damage, labilNy, cis, dernanda, deldrnenta, coats, des, expense and causes of action of arty oherenter which the ice, Rs oft c , emcees and agents may hour. y *Neidy at sustain or be d to on account of loss orm badly damage to property or the lose of use thereof and for y persons (including but not batted to the employees, subcontractors,, agents and rem hvitespiety ) o or Its any way contacted to the occupancy, enjoyment and ! ae of any agreement to the extant pemited by km - The tardemtned also understands lands a t pot f :...: - , p r! and fcllky use and toffees and chargesannually pnds Signature of Appgoont ,+f,, t Al . ' . f Date 1 162 of 231 • , Special Event Application (continued) se coiiipieie for '. _ B.se�tor� +uttt as �ticta �fet�� as f s�r� #e 11 , tip. rat1ori :. :... ... �_,.. .. _ ietliireirletr�s err. Description of Event ❑ First time event Ek Returning Event Ea include site map with application Note that this description may be published in our City Public Special Events Calendar: ANNUAL (ONE —DAY) FALL FESTIVAL IS HELD ON CHURCH PROPERTY, WE WE WILL HAVE GAMES, BOOTHS, PLANTS, RELIGIOUS ITEMS, FOOD, PARISH` ENTERTAINMENT Estimated Attendance Anticipated # of Participants: t 9 n n Anticipated # of Spectators: ? 500 / 600 Traffic Control, Security, First Aid and Accessibility Requesting to close street(s) to vehicular traffic? Yes 0 No f2fXX List any streets requiring closure as a result of the event (provide map): Date and time of street closure: Date and time of street reopening: ❑ Other (explain) Requesting to post"no perking" notices? Yes ❑ Nof3XX ❑ Requested "No Parking.' on city streets and/or parking lots (fist streets/parking Tots) (provide map): 0 Other (explain) 2 163 of 231 G£Z 10 h9 L us�a s,Wn se *MOM IIFM ual2U AJO #UOrduoN ay#Pin enus,ui+r;o 4veowa pa43s[ord etasf #sue"" $ line sjtp ro sasuadbq Psenwl $ slip wag saps diyaionuods pus iunpaid 'papl# euMnPul +idles swop poi.iu wenn :(a) emu= apvvauf pun asadmd nu} uMdxs sad 'gj °N C! s.A gpaunhai easy# iuedpi nd ,Ja ropua%'Awe 111011111UIPe s �] ON i saA LuoigmquaBio jgamluou *linen xei,,,, a uoigsquirao rnoA si tuai J9b+u ptis spv41.atica E3i of Va n s ai ssod ss'p ss , air , u .o ; fi (p end WoI fI y Iua j p d$ EMODETIMEMEMEI Depending on the number of participants, your event may rewire Police sen4ces. Please describe your procedures for both Crowd Control and internal Security: NA Have you hired Professional Seoul* to handle securly arrangements for this event? Yes El NoW if YES, name and address of Securfty Organizealon Security Director (Name): Phone; Is this a night event? 'Ns El MU If YES, please state how the event and surrounding area will be Illuminated to ensure safety of the participants and spectators: REIM Depending an the nurnber of participants, your event may require specific First Aid seMces. First ald Mallon to be staffed by event stafr?lfewg No 0 First aid1CPR certified? Y.sD No 0 0 First aid station to be staffed by professional company. 110 Company Accessibility Please describe your Accessibility Plan for access at your event by individuals with disabililtes: FESTIVAL IS HELD -ON LEVEL BLACK —TOP 7 .,NO STAIRS. LARGE HALL WITH CHAIRS FOR RESTING 1ANT1TnAPPRS EASY ACCESS 165 of 231 PAL Ieri,erifs of yogi . Even Setting up a merge? Vega No 0 ❑ Requesting City's PA system ❑ Requesting City Stage; It yes, which sue? 0 Dimensions (13x28) ❑ Dimensions (20x28) ❑ Applicant proviclirg awn stage el4x<2 Uz 16 (Dimensions) Setting up tables and chains? finished by Applicant or Conte 12 # of tables ❑ No tables being setup ___ # of chats No chairs tang set up ❑ (For City Use Only) Sponsored Events — Does not apply to co -sponsored events # of tables ❑ No tables being setup # of chairs ❑ No chairs being set up Contractor for Name Contactor Contact Infcrmatkm ' 020 Ca plopuroCi Address City irate Phone Nor Setting up other equipment? ❑ Sporting Equipment (explain) ❑ Other (explain) blot setting up any equipment Ikted above at event Having amplified sound andkir musk? Yes ❑ No ❑ xx k PA System for announcements rE}CD payer or DJ music ❑ Live Music Is. [] Small 46 piece live band R D Large 6+ piece live bard ❑ other (explain) VARIED RECORDED MUS]C ACC0M2ANTINg VOLUNTEER ENTERTAINERS if using We music or a DJ. ! Contractor Name OP' Address Phone Number Using lighter equipment at your event? Yes ❑ Nita ❑ Bringing in own lighting equipment ❑ Using professional lighting company b Company Name Address Otyibl is Plane Number 166 of 231 Using electrical power? YedhNoD SAE DIECO GCE 'Using on -site electricity ❑ For sound and/or Iighthg 0 For food and/or refrigeration ❑ Bringing In genenstor(e) ❑ For sound arbilor lighting ❑ For food and/or refrigeration if ndr)r I+ai4r� {it ci i anf iti rn*14n Having food and non-alcoholic beverages at your event? Yelini Iko❑ ❑ Vendors preparing food on -site ► # it. Business License # If yes, please describe how food win be serer and/or prepared: 1 P ,RISR ORGANIZATIOES PREPARE FOOD ON SITE. IN COMMERCIAL FACILITIES ----PERMITTED 83' S.D. Ewan' SE VTCES g `-- ❑ Vendors bringing pre -packaged food ► #r� ► Business License # ❑ Vendors bringing bottled, non-alcohollc beverages (i.e., bottled water, can soda, etc.) 1 # ❑ Vendors selling food* ► Business license #(s) ❑ Vendors sealing merchandise # ► Melrose License #(s) Xk Fooddllbeverages to be handled by organization; no outside vendors ❑ Vendors selling services # !w Business License #(s) ► Explain services ❑ Vendors passing out information only (no business license needed) # l► Explain type(s) of information REINa sea ing or informational vendors at event Having children activities? Yfg Ho ❑ pigtssENOMIn t e v nt atebie-jares�ed ate a etl ream r � � �F�+t It ��i1illrevit,�oi tateriaeroneRciaS2 M81ion tins agefeoe In.saddidentihe COM.N7ral C-mast namedas.enAtOorsl reed 6whieh thafl be provided y the yendoo'msurer to the �I Wttialainer.i1014:40thee of ]neui ar n' t t rio ` T pP afoulifI outat1 friarlotheswath .-thete *COB appl ora • Fer-ttueitbilicrte4takiatoistiOf.ftie Tekiftity tfleAistrairilees Inflatable bouncer house # ❑ inflatable bouncer # ❑ Other {� Rock drebirg vval Height IS Arts & wafts (Le., craft making, face painting, etc„) 167 of 231 Having fireworks or aerial display? Yes p NofillEXX p Vendor n nne and license # Dlntenskms Duration Number of shells Max. sire PLEASE NOTE: in the eventlireworks or another aerial display's planned for your The of �: CRY Yaqui* nr n 1. finnan dollirs Per °commence/Si WHIM doges aggregate 1n adt tin. the City of Nallonal City must-heaeon .Ackilliand tamed #want to a aspired. endow which shall be Proaddeg by the Vendor tuffs ton*the- sic WiOdor t. event Depending -On' �, �#�e:� � e .fir. e :a+ r'r ofthedilliguYa / flanerves the A&to request higher liabilftY hints, The vendor nit ello obtain a fwwonce permit from ties N 1 CJ y Depatment and the-t is 00 Pim Arranging for media coverage? Yes El RCP' p Yee. but media veli not require special set-up p Yee. media will require special set-up. Desert* Ev •Fit SIf'j11: fy PLEASE NOTE Fin City sad or ocospensorsd ems. t p▪ ub on ttse talking the a may be placedp onto '180D biodc•and 3 .poetic of �1,My Boulevard. The befalling omit be made to the •C `a speofipargnis..M e refertothe Sty Event guidebook and Fee. SC far addIianei fir;. • Are you plate to have efgnage at your event? YesftXNo 0 ❑ Yes, we vall post slgnage # Dimensions O Yes, having inflatable she # ► (complete inflatable Signage Request form) p Yee, we et have banner r 2 BANNERS ON CHUCK WALL 0 What will signs/banners say? © How signstannas be anchored or mounted? VV.-I-tc IJJ I7.icj€,its rd. PLEASE NOTE: One WWI fot every 250 people is rev:grad, unless' applinart chart show that there • stigied facilities in the kinnedletearea •mantle bathe put C:during theavent. Are you planning to aovlde portable restrooms at the event? Yes 0 obtax If yes, please identify the foloaring: ► Total number of portable toilets: 1► Toles number of ADA die porthle tolets: p Contracting wtlh portable toted vartdor. Phone O. Load -in Day R Time ► Load -out Da & Time ❑ Portable toilets to be served. ► Time 168of231 7 Set-up .,Breakclown. Glean-u�3. Setting up the day before the event? xiiiaes, will set up the day before the event ► # of set-up day(s)/ iNo; set-up will occur on the event day Requesting vehicle access onto the turf? Q Yes, requesting access onto turf for set-up and breakdown (complete attached Vehicle Access Request form) JNo, vehicles will Ioadfunbad from nearby street or parking lot. NPDE:SS-Ltttca Felice El City to instal litter fence ❑ Applicant to install Met t fence XEFWA Breaking down set-up the day atter the event? j Yes, breakdown will be the day after the evens, ! # of breakdown days) ❑ No, breakdown will air on the event day. How are you handling dean -up? 0 Using City crews IREPErlsing volunteer dean -up crew during and after event. ❑ Using professional clearing company during and after event. I Please kst anything important about your event not already asked on this application: TRIS IS AN ANNUAL ONE DAY EVENTFOR ST _ O,Rr s PARISHIONERS .• ALL WORK IS DONE. 'BY '?OZ'iiNTEERS . . Please make a copy of this application for your records. We do not provide copies. 169of231 Special Events Pre -Event Storm Water Compliance Checklist I, Special Event lni'ormation Deena of Spada! Event: Event iddr : Expettede of Attendees: Event Kostgoordt netor. Phone Number: II. Storm Water Best Management Practice (BMPs) R Y YES NO N/A Will enough trash cans provided for the event? Preddenember*Mash bins:, 14 Cagb f WWI enough recycling bins provided far the event? Provide number of ride bine: a "3 b1 WS 7/11 WM all partabk toilets have secondary containment ? (excepilons for ADA compliant porteble) Nom, j' essLardi ' I wi itudi \ I X Do ell storm drains have screens to temporarily protect trash and debris from entering? Are spill cleanup hits readily available at designated spots? * A Peablvent Storm Water Compliance Checklist will be completed by City Staff. 170 of 231 City of National City PVBLIG PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a mkrimum of $1.000,000 combined single limit insurance for bodily initay and property damage which includes the City, Its officials, agents and employees named as additional insured and to sin the Hold Harmless Agreement Certificate of insurance must be attached to this permit. The insurance company issuing the insurance policy must have a A.M. Beefs Guide Rating of A:Vil and that the - insurance company Is a California admitted company; If not, then the insurance policy to t1e issuance of the permit forte • event. The Certificate Holder must reflect Cibyt of National City Risk Management Department 1243 National City Boulevard National City, CA 91950 Organization: Person in Charge of Attivay: Address: Telephone: Datets) of Use: HOLD HARMLESS AGR,EEMENI As a condition of the 1ssuanoe of a temporary use permit to conduct ka activities on pubic or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents Born and against any and all daIms demands, crosier, losses, liability or, for any personal inky, deatjror property damage, or both, or any iltn and other liability, including at6orneys fees and the costs of litigation, arming out of or related to the use of public property or the activity taken under the permit by the permittea or its agents, employees or contractors. Signature of Applicant: ire:2--- Certificate of Insurance Approval Date 171 of 231 ••• 0Z,0111 --FESTiVAL RAW - • EI PLANTS 3-5 I. WHITE ELISPI4AN 3-T ;Mani 4-1 t..* ELECTRICAL Ca Hot Weller = TABLES C CHAIRS L = LONG TABLE S SHORT TABLE • Coup. t& CAA% e 20' X2CP 20' X 20Y 411144i, 4 Mkt 3- T I mow fai412016 w WM. CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: St. Mary's Church EVENT: St. Mary's FaIl Festival DATE OF EVENT: October 2, 2016 TIME OF EVENT: 7:00 a.m. to 7:00 p.m. APPROVALS - DEVELOPMENT SERVICES RISK MANAGER PUBLIC WORKS FINANCE FIRE COMMUNITY SERVICES POLICE CITY ATTORNEY YES [x] NO [ ] YES[x] NO[ ] YES [ ] NO [ x ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ ] NO [ x ] YES [ ] NO [ x ] YES [ x ] NO [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: RISK MANAGER (619) 336-4370 Provide a valid copy of the Certificate of Insurance wherein "The City of'National City, its officials, agents, employees and volunteers" are named as an additional insured by way of a separate endorsement, • The insurance policy must have a combined single limit of no less than $1,000,000.00 (ONE MILLION DOLLARS) for each occurrence and $2,000,000.00 (TWO MILLION DOLLARS) in aggregate that would cover the date and location of the event. • The insurance company issuing the insurance policy must have a A.M. Best's Guide Rating of A:VII and that the insurance company is a California admitted company; if not then insurance policy must be submitted to the Risk Management Department for review and approval prior to the issuance of the Temporary Use Permit. ▪ The applicant must properly execute the hold harmless and indemnification agreement. • The Certificate Holder must reflect: City of National City cto Risk Manager 1243 National City Boulevard National City, CA. 91950-4397 • Name, address and contact information for the broker providing this insurance policy must be on the face of the Certificate of Insurance. 173 of 231 DEVELOPMENT SERVICES_(619) 336-4318 PLANNING Speakers shall face away from neighboring residential properties. FINANCE * Festivals, Craft shows, etc. A Business License is required IF monies are solicited, admission fee is charged, or if food, beverages and merchandise are sold. The organization holding this event and each vendor present at this event must have a separate business license. Vendors currently licensed by the City may operate under their existing license. Anyone preparing food to be sold to the Public must have a permit (or Food Handlers Card) from the Health Department. A list of all participating vendors (with their address, phone number, and current National City business license number) is to be provided to the Revenue & Recovery Division of the Finance Department two weeks prior to the event for verification of business licenses. If any of the vendors or organizations is registered not -for -profit, there will be no charge for a business license. However, a business license certificate must be obtained from the City Revenue & Recovery Division, Business License Section. (Note: a clearance fee does apply to Non-profit organizations located in National City that submit an initial business license application.) CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. 174 of 231 111 FIRE (619) 336-4550 Fees will be required for after hour inspection ($200.00). Please contact the National City Fire Department for payment of fees. ALL TENTS SHALL FOLLOW REQUIRED CLEARANCES MANDATED BY THE NATIONAL CITY FIRE DEPARTMENT Stipulations required by the Fire Department for this event are as follows: 1) Access to the church to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc. 2) Fire Hydrants shall not be blocked or obstructed. 3) Fire Department access into and through the festival areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 7) All cooking booths or areas to have one 2A:10BC fire extinguisher. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. Concession stands utilized for cooking shall have a minimum of 10 feet of clearance on two sides. All fire extinguishers to have a current State Fire Marshal Tag attached. Please see attached example 8) Fire extinguishers to be mounted in a visible location between 3'!�` to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. 9) If Charcoal is being used, provide metal cans with lids and label "HOT COALS ONLY" for used charcoal disposal. 10) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all cooking areas etc. 11) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of two hundred ($200.00) dollars. Fee is to be paid directly to the National City Fire Department Administration offices prior to event. 175 of 231 12) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. 13) If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or .greater than the above stated areas, are to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. If cooking is to be done, a ten feet separation shall be maintained from cooking appliance and canopies. Certificate of State Fire Marshal flame resistancy shall be provided to the National City Fire Department if applicable. If canopies maintain a ten feet separation distance from one another, no charge will be assessed Canopies: Tents: 0 — 400 sf $0 401 —500 sf - $250.00 501-600 sf- $300.00 601 —700 sf - $400.00 0 200 sf - $200.00 201—(+) sf-$400.00 NOTE: -Booth Canopies can be grouped inmultiples of 4 not to exceed 400 square feet. A separation of ten feet between multiples of 4 booths shall be required. Tarps or other material may not be used to cover tents and canopies so as to loin each tent or canopy to one another 14) First Aid will be provided by organization CC/CDC-HA Agenda 9/20/2016 — Page 177 The following page(s) contain the backup material for Agenda Item: Community and Police Relations Commission 2014 and 2015 Annual Report. (City Manager) 177 of 231 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: (September 20, 2016 AGENDA ITEM NO. ITEM TITLE: Community and Police Relations Commission 2014 and 2015 Annual Report PREPARED BY: (Lauren Maxilom DEPARTMENT: City Manager'sOfficeo PHONE: (619) 336-4289, APPROVED BY: EXPLANATION: See attached Staff Report and Commission Annual Reports. FINANCIAL STATEMENT: ACCOUNT NO. INf a ENVIRONMENTAL REVIEW: NIA ORDINANCE: INTRODUCTION: ' FINAL ADOPTION: APPROVED: APPROVED: STAFF RECOMMENDATION: Accept and file 2014 and 20115 Community and Police Relations Commission Annual Reports Finance MIS BOARD / COMMISSION RECOMMENDATION: CPRC voted unanimously on August 18, 2016 to approve Chairman Seaton-Msemaji's 2014 and 2015 Annual Report to Council. ATTACHMENTS: Staff Report CPRC 2014 Annual Report CPRC 2015 Annual Report 178 of 231 Staff Report Community and Police Relations Commission 2014 and 2015 Annual Report Per title 16 of National City Municipal Code 16.09.020 The chair of each board, commission and committee shall appear before the city council on an annual basis and present a brief report on the activities and accomplishments of the board, commission or committee that they chair during the previous year. Such report shall also include a presentation of the record of attendance of the members of the board, commission or committee that is the subject of the report. The delay in presenting the 2014 and 2015 Community and Police Relations (Commission) Annual Reports are due to vacancy and quorum issues. The Commission is scheduled to meet quarterly each year. Of the four meetings scheduled in 2014, two meetings, February and August, were cancelled due to the lack of a full quorum of members. Of the four meetings scheduled in 2015, one was postponed until June and subsequently cancelled due to the lack of a full quorum of members. Further details are included in the attached reports. The Commission unanimously approved the 2014 and 2015 Annual Reports during their regular meeting on August, 18, 2016. The Commission shall be comprised of eight (8) individuals appointed by the Mayor with the approval of the City Council. Of the eight members, seven (7) shall be voting members, and one (1) shall be non -voting members. Of the seven voting members, five (5) shall be residents of the City of National City. The non -voting members shall be a member of the National City Police Officers' Association. The current Commission includes Chairman Ken Seaton-Mscniaji, Vice -Chairman Victor Bar?, as, Comm is io ers Florfina Arcs, John Bailey, Nancy Estolano, Julio Castro -Munoz, Diana Plazola, and non -voting member/National City Police Officers' Association Representative Bill Phillips. The Community and Police Relations Commission meets on the third Thursday of the months of February, May, August, and November at 6:00 p.m. in Council Chambers at City Hall, unless otherwise designated. 179 of 231 RICAntarOttivrIM Community and Police Relations Commission Memorandum To: Mayor and City Council Cc: City Manager's Office From. Chainnan Seaton-Msemaji, Community and Police Relations Commission RE: 2014 Annual Report Background In October 2003, the Mayor and City Council established the National City Community and Police Relations Commission (CPRC). The Commission shall be comprised of eight individuals appointed by the Mayor and approved by the City Council. Of the eight members, seven are voting members and one is a non -voting member. Of the seven voting members, five must be residents of National City. The non -voting member is a member of the National City Police Officers Association (NCPD-POA) The terms of the membership are three years, subject to reappointment by the City Council. As of the time period this report reflects (2014), there are 5 voting members and one non- voting member leaving two vacancies to be filled for voting members. The Commission meets on the third Thursday in the months of February, May, August and November at 6:00 p.m. in the Council Chambers of the National City Civic Center, 1243 National City Boulevard, 2" Floor, National City, unless otherwise designated. 2014 Year End Review The commission reviewed. three (3) cases in closed session for the 2014 year and unanimously supported the Internal Affairs findings. The limited number of cases reviewed for the year was due, in large part to the number of canceled meetings for the year. Of the four meetings scheduled in 2014, two meetings, February and August, were cancelled due to the lack of a full quorum of members. Page 1 of 3 180 of 231 During the Commission's May and November meetings two newly appointed Commissioners were introduced, (Victor Barajas and Gary Dines). Both of Commissioners are included in the total number of voting commissioners referenced above. These additional appointees gave the Commission added flexibility to accommodate Commissioner absences without risk of canceling regularly scheduled meetings. In addition to the new members welcomed by the Commission during the year, the following personnel changes also occurred: • Ken Seaton-Msemaji and Richard Wingfield were appointed as Chairman and Vice -Chairman respectively with a majority vote by the Commission. Cases Reviewed in 2014 As noted above, the commission reviewed three (3) Citizen/Department Initiated investigations in closed session and unanimously supported NCPD's Internal Affairs findings. Current Status of Complaints • As of the time period this report reflects, there are several cases pending review by CPRC members. *Note: All complaints that are reviewed by CPRC Complaint Review Subcommittee are taken to the enure Commission in closed session for discussion and determination.* Training/Special Presentations • Ethics Training- Commissioners Barajas and Estolano participated ▪ Rosenberg's Rules of Order presented by City Attorney Claudia Silva to the Commission • Use of Force Workshop hosted by NCPD- Commissioner Barajas participated Subcommittees Complaint Review Subcommittee for review of completed Internal Affairs investigations. Appointed Victor Barajas as an alternate for Complaint Review Subcommittee to review completed Internal Affairs cases in the absence of Commissioner Wingfield's or Chairman Msemaji's (both current members of the subcommittee) 2014 Attendance February No meeting- lack of quorum May Present — Barajas, Victor; Estolano, Nancy; Seaton-Msemaji; Wingfield, Richard (voting members) Absent —None Present — Bill Phillips (non -voting member) Page 2 of 3 181 of 231 August No meeting - lack of quorum November Present — Barajas, Victor; Dines, Gary; Estolano, Nancy; Seaton-Msemaji, Ken; Wingfield, Richard (Voting members) Absent — None Present — Bill Philips (non -voting member) 2015 Goals and Aspirations e Continued educational opportunities for the Commission. • More presentations by NCPD and other city agencies. • Have Commissioners participate in one ride -along. 4 #1� Seaton- a Chairman, Community and Police Relations r omniission Page 3 of 3 182 of 231 Community and Police Relations Commission Memorandum To: Mayor and City Council Cc: City Manager's Office From: Chairman Seaton-Msemaji, Community and Police Relations Commission RE: 2015 Annual Report Background In October 2003, the Mayor and City Council established the National City Community and Police Relations Commission (CPRC). The Commission shall be comprised of eight individuals appointed by the Mayor and approved by the City Council. Of the eight members, seven are voting members and one is a non -voting member. Of the seven voting members, five must be residents of National City. The non -voting member is a member of the National City Police Officers Association (NCPD-POA) The terms of the membership are three years, subjmt to reappointment by the City Council. As of the time period this report reflects (2015), there are 6 voting members and one non- voting member leaving one vacancy to be filled for voting members. The Commissionmeets on the third Thursday in the months of February, May, August and November at 6:00 p.m. in the Council Chambers of the National City Civic Center, 1243 National City Boulevard, 2nd Floor, National City, unless otherwise designated. 2015 Year End Review Of the four meetings scheduled in 2015, one was postponed until June and subsequently cancelled due to the lack of a full quorum of members. Of the three meetings held, two meetings included closed sessions in which the Commission reviewed a total of nine (9) cases. During the Commission's August and November meetings two newly appointed Commissioners were introduced, (Florfina Arce and Julio Castro Munoz). Both of Page 1 of 3 183 of 231 Commissioners are included in the total number of voting commissioners referenced above. In addition to the newly appointed Commissioners, the following changes to personnel and policies also took place during the 2015 year: • Commissioner Richard Wingfield — Resigned due to a new job that would require him to be away for longer periods of time. • The Commission re -appointed Ken Seaton-Msemaji as Chairman of the Commission and Victor Barajas as Vice -Chairman. • Due to the passing of Commissioner Gray Dines a vacancy occurred. • The Commissions made the following changes to section 6 of its bylaws concerning unexcused absences: o "Membership in the Commission shall terminate if a member has Two (2) consecutive unexcused absences from meetings, whether regular or special, or four (4) absences from regular or special meetings, in a Three (3) year term." Cases Reviewed in 2015 As noted above, the commission reviewed a total of nine (9) Citizen/Department Initiated investigations in closed session and agreed unanimously affirmed NCPD's Internal Affairs findings on all cases. Current Status of Complaints • As of the time period this report reflects; there are several cases pending review by CPRC members from both 2014 and 2015. *Note: All complaints that are reviewed by CPRC Complaint Review Subcommittee are taken to the entire Commission in closed session for discussion and determination.* Traininglspecial Presentations • Brown Act presented) by City Attorney Claudia Silva to the Commission • Ethics Training — Chairman Seaton-Msemaji participated • NACOLE (National Association of Civilian Oversight of Law Enforcement) Conference - Commissioner Barajas and Lauren Maxilom attended. • Report on Officer involved Shootings (SD County District Attorney's 1993-2012) presented by Chief Manuel Rodriguez to the Commission • Ride -Along with NCPD- Commissioner Barajas participated • The Rights and Responsibilities of Citizens and Police presented by NCPD to the Commission • Use of Force Workshop hosted by NCPD- Commissioner Dines participated Page 2 of 3 184 of 231 Subcommittees • Complaint Review Subcommittee for review of completed Internal Affairs investigations. o Victor Barajas moved from an "alternate" status on the subcommittee to active. o Diana Plazola was appointed new "alternate". 2015 Attendance February May Present —Barajas, Victor; Dines, Gary; Estolano, Nancy; Seaton-Msemaji, Ken; Wingfield, Richard (voting members) Absent — None Present — Bill (non -voting member) Meeting postponed to June June No meeting- lack of quorum August Present — Barajas, Victor; Estolano, Nancy; Seaton-Msemaji, Ken; Plazola, Diana, Wingfield, Richard (voting members) Absent — Arce, Florfina (voting member) Present - Bill (non -voting member) November Present — Arce, Florfina; Barajas, Victor; Castro Munoz, Julio; Estolano, Nancy; Seaton-Msemaji, Ken; Plazola, Diana; (Voting members) Absent —None Present — Walters, Wade (non -voting member) 2016 Goals and Aspirations • Continued educational opportunities for the Commission. • More presentations by NCPD and other city agencies. • Have Commissioners participate in one ride -along. en eato-- . •ai • Chairman, Community and Police elation Commission Page 3 of 3 185 of 231 CC/CDC-HA Agenda 9/20/2016 — Page 186 The following page(s) contain the backup material for Agenda Item: Update on Energy and Water Conservation Program and seeking City Council direction to work with Ameresco to prepare an Energy Services Agreement and associated financing plan for project implementation. (Engineering/Public Works) 186 of 231 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATr September 20, 2016 AGENDA ITEM NO. ITEM TITLE: Update on Energy and Water Conservation Program and seeking City Council direction to work with Ameresco to prepare an Energy Services Agreement and associated financing plan for project implementation. PREPARED BY: Stephen Manganiello PHONE: I619-336-4382 EXPLANATION: $ee attached DEPARTMENT: j Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. f APPROVED: ENVIRONMENTAL REVIEW: !/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: L Finance MIS STAFF RECOMMENDATION: ;Direct staff to work with Ameresco to prepare an Energy Services Agreement and associated financing plan for project implementation. BOARD 1 COMMISSION RECOMMENDATION: ATTACHMENTS: '1. Explanation 2. Presentation 187 of 231 Explanation On June 3, 2014, in accordance with the City's Energy Roadmap and Climate Action Plan, City Council directed staff to "solicit proposals pursuant to California Government Code 4217, to design, install and finance sustainability improvements within municipal facilities." In July 2014, the City's Engineering and Public Works Department advertised a Request for Statement of Qualifications (SOQ) for an energy services contract to make sustainability improvements to City facilities under a guaranteed energy savings contract. Proposals were solicited to provide energy -related capital improvement services through performance -based contracting. These services would include design, installation, maintenance and monitoring of energy and water saving upgrades at City facilities with a guarantee that monetary savings will cover the cost of the upgrades. The City received two responses which were evaluated by a five -member selection committee consisting of City staff, councilmembers and outside consultants. The panel gave Ameresco, Inc. the highest overall rating. Accordingly, City staff and Ameresco negotiated an Energy Audit Agreement, which was presented to City Council on December 15, 2015. Per Resolution No. 2015-189, City Council authorized the Mayor to execute an Agreement with Ameresco, Inc., to conduct an Energy Audit of City facilities (Phase I), develop a project scope of energy and water saving measures to fund capital costs for facility upgrades, forecast savings, present a financing plan, and offer a guarantee that energy and water savings over the life of the project will cover the cost of project financing and implementation. The attached presentation summarizes the findings and recommendations of the energy audit. Staff is seeking Council direction to work with Ameresco to prepare an Energy Services Agreement (ESA) and associated financing plan for project implementation. The ESA (Phase 2) will include refinements to project engineering and design, permitting, project management, construction management and inspections, equipment installation, commissioning, and measurement and verification of energy savings. California Government Code Section 4217 facilitates public agencies' energy conservation efforts by authorizing them to enter into ESAs to develop and conduct energy efficiency and renewable energy projects at public facilities. Per the conditions of the current Energy Audit Agreement (Phase I) between the City of National City and Ameresco, in the event the City decides not to implement the project, or chooses to proceed with a provider other than Ameresco, the City will be required to reimburse Ameresco the total cost of the energy audit and report, which equals $70,639. If the City decides to proceed with project implementation and enter into an ESA with Arneresco, the energy audit costs will be incorporated into the total project cost and financing plan. 188 of 231 Energy and Water Conservation Program September 20, 2016 189 of 231 Presentation Topics 1. Overview of Project / Process IL Energy Program Funding Sources III, Energy Program Options IV. Next Steps 190 of 231 Policy Background • Adopted policy documents targeting improvements in city energy and water efficiency ✓ General Plan Update (2011) ✓ Climate Action Plan (2011) if Energy Roadmap (2012) ti SoBEAC Climate Action Plan Implementation Assistance (2013-2014) ✓ Recommended implementing improvements through guaranteed savings contract • June 3, 2014 Council direction: • Solicit proposals pursuant to California Government Code 4217 to design, install and finance sustainability improvements within municipal facilities • December 15, 2015 Council direction: J Authorize the Mayor to execute an Agreement with Ameresco, Inc., to conduct an Energy Audit of City facilities (Phase , develop a project scope of energy and water saving measures to fund capital costs, forecast savings, and present a financing solution 3 191 of 231 National City Climate Action Plan > CAP Target: Reduce Annual Emissions to 15% below the 2005/2006 levels by 2020 Cifyw l edu iowTargetfor?2020 Community -Wide `: ;. 119,279 Government Operations _ 10459 Buildings, Facilities and Public Lighting 1; Expected Reductions from this Project roJpdt applies tolOt@rd ll7r tarp,TA. i'er t e Percentage of Reduction. Target Re -du -trim, a r .e. 18% 35.9% Option 2 Progress toward target Scope Option 1 Option 2 556 24% including 2011 Honeywell Project) Expected Percentage )Reduttiort i 2020 N Reduction 419+308=727 556 308 = 865 38% 46.9% 7.'it entae of 1 t Fter#ucti; n 61% 73% 4 192 of 231 Implementation Process I. Selection of Energy Services Partner (ESCO) • RFP — multiple contractors evaluated July'14 • Partner selection (Ameresco) Oct. '14 ➢ City Council Approval of Audit Agreement Dec. '15 > Preliminary Audits Begins Dec. '15 ➢ Program Options Presented to City Staff Summer '16 5 193 of 231 Maximizes All Available Funding Sources I. Energy & Water Savings The reduction in use of electricity, natural gas, and water after the new equipment is installed. II. Utility Rebates Cash incentives for replacing old, inefficient equipment w/new, high -efficiency equipment. III. Capital Cost Avoidance The costs avoided by replacing old and unreliable equipment now which prevents costly and inconvenient emergency building shutdowns, and avoids the need to purchase and replace equipment as a reaction to an emergency measure due to equipment failure. IV. Clean Renewable Energy Bonds (CRESS) CREBs are a form of tax credit bonds in which interest on the bonds is paid in the form of federal tax credits by the United States government. Therefore, CREBs are offered at or close to a O% interest rate. I. Tax -Exempt Lease Purchase (TELP) Financing that is exempt from taxes. 194 of 231 Option 1: Partial Program Scope of Work Solar PV HVAC Controls Interior Lighting Upgrades Exterior Lighting Upgrades HVAC Equipment Replacements Domestic Water Conservation Irri_gation Controls Civic Center X Police Station X X X X X X Kimball Park Kimball Senior Center Casa de Saiud Fire Station 31 X X X X X Fire Station 34 X X Las Palmas Park X X X X X X X X.X X X X X X X X X X X X XIX X 7 Existing fluorescent interior lights Rated lamp life = 15 years New LED interior lights Much more energy efficient; Cleaner, more direct Tight source. No flickering. Rated Tamp life = 25 years. 196 of 231 Photovoltaic Solar Roof -mounted solar system Parking shade structure supporting solar panels 197 of 231 Preliminary Costs for Option 1: Partial Program Scope of Work One -Time Cost: $3,325,871 One -Time Utility Rebate: $ 99,062 Annual Energy & Water Savings: $ 173,980 Total Energy & Water Savings: $6,078,285 Average Annual Capital Cost Avoidance: $ 12,687 Total Capital Cost Avoidance: $ 253,737 Net Present Value: $ 193,047 Preliminary Costs for Option 1: Annual Cash Flow EnRrgy & Water eat 5alvin8a Capital Cost AvoldOn4a_ M8&V Cult€ ?Niue 5av1.40, POPato Armu@T,Fingri ppg LCasiT FTnur 1 $173,980 $9,443 -$16,175 $167,248 $99,062 $251,974 $14,336 2 $179,644 $9,726 -$16,741 $172,589 $158,333 $14,256 3 $185,411 $10,C18 -$17,327 $178,102 $163,930 $14,172 4 $191,407 $10,319 -$17,933 $183,792 $169,710 $14,082 5 $197,598 $10,£28 -$18,561 $3,89,665 $175,677 $13,988 6 7 - $203,991 $10,547 -$19,211 $195,727 $181,838 $13,890 $210,592 $11,275 -$19,883 $201,984 $188,198 $3.3,786 $13,677 8 $217,407 $11,614 -$20,579 $208,442 $194,766 9 $224,445 $11,562 421,259 $215,108 $201,546 $13,562 10 5231,712 $12,321 -$22,045 $221,989 $208,547 $13,442 11 5239,216 $12,E91 -$22,816 $229,091 $215,775 $13,315 12 $246,964 $13,C71 -$23,615 $236,421 $223,239 $13,182 13 $254,965 $13,463 -$24,441 $243,988 $230,945 513,043 14 $263,227 $13,F67 -$25,296 $251,798 $238,901 $12,897 15 $271,758 $14,283 -$26,182 $259,860 $247,116 $12,744 16 $280,568 514,312 -$27,098 $268,182 $255,599 $12,583 17 $289,665 515,153 -$28,047 $276,772 $264,357 $12,414 $12,237 18 $299,059 $15,608 -$29,028 $285,638 $273,401 19 $308,759 $16,076 -$30,044 $294,791 $282,739 $12,052 20 $313,776 516,558 -$31,096 $304,239 $292,381 $11,858 21 $242,073 $242,073 $242,07.3 22 $249,708 $249,708 $249,708 23 $257,586 $257,586 $257,586 24 $265,713 $265,713 $265,713 25 $274,099 $274,099 $274,099 $6,078,285 $253,737 -5457,417 $5,874,605 $4,418,971 $1,554,696 199 of 231 Solar PV HVAC Controls Interior Lighting Upgrades Exterior Lighting Upgrades HVAC Equipment Replacements Domestic Water Conservation Irrigation Controls X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X N O O N 2 Civic Center Deteriorated heating system Hot and cold issues throughout building Clogged return air opening Stuffy rooms; air flow problems; Indoor Air quality issues These issues fixed in Program 2 13 201 of 231 Civic Center Plugged zone heating coil; fiberglass and dust Air flow problems; Indoor Air Quality issues Rusted HVAC & electrical equipment; beyond its useful life Potential environmental issues These issues fixed in Program 2 14 202 of 231 Police Department Ceiling damage caused by old, leaking air conditioning units Indoor Air Quality issues Flooded and rusted main air conditioning unit Hot and cold issues throughout building These issues fixed in Program 2 15 203 of 231 Corroded and flooded air handier Rusted supply fan housing Potential costly emergency repairs and unexpected building shut downs These issues fixed In Program 2 16 204 of 231 Preliminary Costs for Option 2: Full Program Scope of Work One -Time Cost: $6,608,598 One -Time Utility Rebate: $ 117,267 Annual Energy & Water Savings: $ 207,629 Total Energy & Water Savings: $7,263,392 Average Annual Capital Cost Avoidance: $ 190,456 Total Capital Cost Avoidance: $3,809,115 Net Present Value: $2,898,040 205 of 231 Preliminary Costs for Option 2: Annual Cash Flow _ _1'_a_r 1 Eneagy & WatLr Savings $207,629 Capital Cost Avoidance 5141,759 - -cr1&V t:c?$1s -$16,175 Total Savings $333,213 RtbatF $117,267 Annual Fina mini, Net a511 FI4 $435,912 $14,568 2 $214,3663 $146,012 -$16,741 $343,634 $329,066 $14,568 3 $221,317 $150,392 -$17,327 $354,382 $339,814 $14,568 4 _ 5 $228,498 $154,904 -$17,933 $365,469 $350,902 $14,567 _ $235,913 $159,551 -$18,561 _ $376,903 $362,337 $14,566 6 $243,571 $164,337 -$19,211 $388,697 $374,131 $14,567 7 $251,479 $169,268 -$19,833 $400,864 $386,297 $14,566 8 $259,645 $174,346 -$20,579 $413,412 $398,846 $14,565 9 $268,078 $179,576 -$21,299 $426,355 $411,789 $14,565 10 $276,786 $184,963 -$22,045 $439,705 $425,140 $14,565 11 $285,780 $190,512 -$22,316 $453,475 $438,911 $14,564 12 $295,067 $196,227 -$23,615 $467,679 $453,116 $14,563 13 $304,658 $202,114 -$24,441 $482,331 $467,768 $14,562 14 $314,563 $208,178 -$25,296 $497,444 $482,882 $14,562 15 $324,791 $214,423 -$26,182 $513,033 $498,472 $14,561 16 $335,355 $220,856 -627,098 $529,113 $514,552 $14,561 17 $346,264 $227,481 -628,047 $545,699 $531,140 $14,559 18 $357,531 $234,306 -629,028 $562,809 $548,250 $14,558 19 $369,166 $241,335 -630,044 $580,457 $565,899 $14,558 20 $381,182 $248,575 -631,096 $598,662 $584,105 $14,557 21 $289,416 $289,416 $289,416 _ 22 $298,587 $298,587 $298,587 23 $308,049 $308,049 $308,049 24 $317,814 $317,814 $317,814 25 $327,890 $327,890 $327,890 $7,263,392 $3,809,115 -$457,417 $10,515,C90 $117,267 $8,899,331 $1,633,026 18 206 of 231 California Government Code 4217 ▪ Enables public agencies to expeditiously procure energy conservation services • Provided the agency determines that: ✓ Cost of the project is Tess than the total energy saved (4217.12) ✓ Funds for repayment of financing and/or costs of design, construction and operation will be available from the energy saved (4217.13) • Allows greatest possible flexibility to agencies in structuring agreements in order to maximize economic benefits and minimize costs • Most expeditious of aII of the processes. (Faster implementation shortens the cycle of the project and reduces overall costs.) For current project, will save City at least $300,000 in design fees as well as reducing schedule of implementation by 8 -12 months. • Greater accountability of contractor. Selected contractor is accountable for results of program: guaranteed workmanship, equipment performance, and energy savings. • Firm, fixed -price contract. No change orders. 207 of 231 Preliminary Code 4217 Analysis I Both options meet 4217 criteria when taking capital costs avoided into account. 4217.12 Cost Effectiveness Test "Option 1" 11 Energy & Water Savings $6,078,285 "Option 2" $7,263,392 Installation Cost $3,325,871 $6,608,598 Result Meets Criterion Meets Criterion 4217.13 Cost Effectiveness Test Energy & Water Savings "Option 1" $6,078,285 "Option 2" $7,263,392 Installation, Operation and Financing Cost $4,485,082 (net of rebates and capital costs .avoided) $5,430,374 Result Meets Criterion Meets Criterion 208 of 231 Final Steps ✓ Decemlber 15, 2015 Council approved Resolution authorizing the Mayor to execute the Energy Audit Agreement w/Ameresco to conduct an energy audit of City facilities (Phase 1), develop a project scope of energy and water saving measures to fund capital costs, forecast savings, and present a financing solution ( Next Ste, LChoices > Do nothing more: • Cost = $70,639 (payment to Amer'esco for energy audit and report) • Energy & water savings = $0 • CO2 emissions goal = 0% • Potential costly emergency repair's and unexpected building shut downs at Civic Center and Police Station 9 Choose Option 1: • Cost = $3,325,871 • Energy & water savings = $6,078,285 • 83.9% of CO2 emissions goal • Saves energy and water, but doer not address Civic Center and Police Station HVAC issues 9 Choose Option 2: (Staff recommended option) • Cost = $6,608,598 • Energy & water savings = $7,263,392 • 99.8% of CO2 emissions goal • Maximum energy and water savings and addresses the Civic Center and Police Station HVAC issues 21 209 of 231 Timeline of Next Steps September 20, 2016 • Direct staff to return with an Energy Services Agreement and associated financing plan October / November 2016 ➢ Finalize contract terms and financing plan ➢ Hold Public Hearing to consider the Energy Services Agreement and associated financing plan > Present Resolution authorising Mayor to execute Energy Services Agreement with associated financing plan ➢ Execute NTP with Ameresco to begin project implementation December 2016 — December 2017 ➢ Project construction to start during two -week furlough in December 2016 / January 2017 > Project close-out estimated for December 2017 210 of 231 CC/CDC-HA Agenda 9/20/2016 — Page 211 The following page(s) contain the backup material for Agenda Item: Report on the State of California Cap -and -Trade Program and its appropriations including the Affordable Housing and Sustainable Communities Program. (Housing & Economic Development) 211 of 231 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 20, 2016 AGENDA ITEM NO. ITEM TITLE: A report on the State of California Cap -and -Trade Program and its appropriations including the Affordable Housing and Sustainable Communities Program. PREPARED BY: 'Carlos Aguirre, Housing & Economic Development Managei PHONE: 1(619) 336-4391 DEPARTMENT: APPROV sin & Economic Dev. EXPLANATION: Staff will provide a vernal report on the State of California Cap -and -Trade Program and its appropriations including the Affordable Housing and Sustainable Communities Program. The report is being provided at the request of Council Member Alejandra Sotelo-Solis. FINANCIAL STATEMENT: ACCOUNT NO. ;Not applicable. ENVIRONMENTAL REVIEW: Not applicable. ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Not applicable. BOARD 1 COMMISSION RECOMMENDATION: Not applicable. ATTACHMENTS: None. 212 of 231 CC/CDC-HA Agenda 9/20/2016 — Page 213 The following page(s) contain the backup material for Agenda Item: Report on the City Council's options in filling the impending City Attorney vacancy. (City Manager) 213 of 231 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 20, 2016 AGENDA ITEM NO. ITEM TITLE: Report on the City Council's options in filling the impending City Attorney vacancy. PREPARED BY: Stacey Stevenson PHONE: 336-4308 EXPLANATION: Refer to attached staff report. DEPARTMENT: City Manager's Office APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Funds are available in Non -Departmental. ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Provide staff with direction to engage the services of an executive search firm to recruit for the position of City Attorney; appoint an interim City Attorney. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Staff Report 214 of 231 CALIFORNIA Nal°NAL C rIT 5CORPORATED City Council Staff Report September 20, 2016 ITEM Staff Report: Report on the City Council's options in filling the impending City Attorney vacancy. BACKGROUND Under the City of National City's Council -Manager form of government, responsibility for the recruitment and selection of staff (both at -will and Civil Service) falls under the purview of the City Manager. The exceptions are the positions of City Attorney and, of course, City Manager. Incumbents of both positions are appointed by and report to the full City Council. The incumbent City Attorney has announced her notice of resignation (effective October 13, 2016). In response, the City Council asked staff to agendize an item to provide short and long term options to address the impending vacancy. DISCUSSION The City Attorney's Office is the legal counsel for the City, the Community Development Commission — Housing Authority ("CDC -HA"), the Successor Agency to the Community Development Commission ("Successor Agency"), the Parking Authority, and Joint Powers Financing Authority. The Office serves as the legal advisor to the City Council, the City's Boards, Commissions, and Committees, the City Manager, City Departments, and other City offices. The Office provides a full range of legal services to the City Council, City Manager, City departments, and City boards, commissions, and committees. These services include legal advice regarding proposed actions, as well as the defense of civil actions filed against the City and/or its employees acting in the scope of employment. The issues include the exercise of police powers, land use, environmental regulations, public works, contracts, personnel and labor, economic development, and a wide range of other subjects. The Office prepares and reviews City Council reports, legal opinions, ordinances, resolutions, contracts, agreements, leases, and other documents. The City Attorney and staff serve as City Prosecutor in the adjudication of violations of City ordinances, as well as enforcing the municipal code in civil actions. In general, the City Attorney's Office provides the services necessary to accomplish the programs of the City's policy makers in accordance with legal requirements. In addition to the required technical expertise, the relationships between the City Attorney and the City Council, the City Manager and staff is paramount. 215 of 231 Page 2 Staff Report — Report on the City Council's options in filling the impending City Attorney vacancy. September 20, 2016 Long Term. The long term objective is to recruit and appoint a permanent City Attorney. It is staffs recommendation that a broad search be conducted to identify viable candidates for this position. Given the complex nature of the position, its criticality and the high consequence of error, a City Attorney recruitment is itself classified as complex and highly specialized. As such, it is common for agencies to seek the services of an executive search firm to lead the recruitment process. Staff recommends authorizing the City Manager to engage an executive search firm to work in support of the City Council for the purpose of conducting recruitment for a permanent City Attorney. Should the City Council agree with this recommendation, the selected firm's work would begin with a meeting(s) with the City Council to gain in -sight and direction prior to initiating the search. Should the City Council elect to accept staff's recommendation to conduct such a search, it is estimate that it will be a four to six month process, from the time of Council direction to the on - boarding (start date) of the selected candidate. Short Term. It is staff's recommendation that the City Council select and retain an interim City Attorney. As noted above, a City Attorney recruitment is projected to take four to six months. The City of National City Office of the City Attorney is comprised of the City Attorney, 1.0 Senior Assistant City Attorney, 1.0 Deputy City Attorney and 1.0 Executive Assistant III. In addition to the oversight of the legal team, the incumbent City Attorney carries an active and varied caseload. With responsibility for legal oversight of a full -service City, the workload of the office is expansive. The loss of the City Attorney even on a short-term basis will have significant impact on the Office's ability to respond to the City's legal support needs in a timely manner. To minimize the learning curve of this short-term appointment, staff recommends that the City Council seek the services of a former or retired City Attorney to fill the position while the recruitment is underway. As an option, the City Council may also consider retaining the services of a contract City Attorney on an interim basis. Under the provisions of Government Code section 21221(h), the City Council can make an interim appointment into the vacant position during the recruitment for a permanent appointment for this position with specialized skillsl. CONCLUSION Based on the above it is staff's recommendation that the City Council: 1 This provision is applicable to Ca1PERS retirees. 216 of 231 Page 3 Staff Report — Report on the City Council's options in filling the impending City Attorney vacancy. September 20, 2016 • Direct staff to engage an executive search firm to support the City Council in the recruitment and appointment of a permanent City Attorney; and • Retain the services of a former or retired City Attorney on an interim basis while the search is conducted. FISCAL IMPACT As of the time of the preparation of this report, cost estimates from executive search firms were still pending. However, based on similar searches conducted by other agencies, the cost of the recruitment is estimated at $25,000 to $30,000. The cost of an interim City Attorney will be offset by the salary savings from the vacancy. 217 of 231 CC/CDC-HA Agenda 9/20/2016 — Page 218 The following page(s) contain the backup material for Agenda Item: Resolution of the Community Development Commission -Housing Authority of the City of National City accepting the transfer by Grant Deed of certain Real Property from the City of National City consisting of portions of Hoover Avenue and Harding Avenue previ 218 of 231 CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY COUNCIL AGENDA STATEMENT MEETING DATF° September20, 2010 AGENDA ITEM NO. ITEM TITLE Resolution of the Community Development Commission -Housing Authority of the City of National City accepting the transfer by Grant Deed of certain Real Property from the City of National City consisting of portions of Hoover Avenue and Harding Avenue previously vacated by City Council Resolution 2013-83 for the Westside Infill Transit Oriented Development. PREPARED BY: 'Carlos Aguirre, Housing & Economic Development Manager. PHONE: I(619) 336-4391j DEPARTMENT: Housing & Economic Dev. APPROVED V: / y EXPLANATION: The City of National City ("City") vacated portions of Hoover Avenue and Harding Ave tor the development of 201 affordable housing units of the Westside Infill Transit Oriented Development ("Development"). The real property vacated by City Council by Resolution 2013-83 was not included in the legal description that transferred the real property to the Community Development Commission - Housing Authority ("CDC -HA") in August 2013 for the development of affordable housing. The grant deed attached would perfect the transfer of title from the City to the CDC -HA as previously intended by Resolution 2013-83 that was adopted on June 18, 2013 (Attachment No.1). FINANCIAL STATEMENT: ACCOUNT NO. Not applicable. ENVIRONMENTAL REVIEW: Approval of the property transfer is not a "Project" under section 15378 of the California Environmental Quality Act ("CEQA") Guidelines because the proposed action consists of administrative activity that will not result in direct or indirect physical changes to the environment and, as such, pursuant to section 15061(b)(3) of the CEQA Guidelines is not subject to CEQA. ORDINANCE: INTRODUCTION: APPROVED: APPROVED: FINAL ADOPTION: I E STAFF RECOMMENDATION: Adopt the Resolution. i BOARD 1 COMMISSION RECOMMENDATION: :Not applicable. ATTACHMENTS: 1. Resolution 2013-83 2. Grant Deed 3. Resolution Finance MIS 219 of 231 Attachment No. • RESOLUTION NO. 2013 — 83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY VACATING PORTIONS OF HOOVER AVENUE AND HARDING AVENUE FOR THE WESTSIDE INFILL TRANSIT ORIENTED DEVELOPMENT, AND AUTHORIZING THE MAYOR TO EXECUTE AN ORDER OF VACATION FOR SAID PORTIONS OF STREETS APPLICANT: PARADISE CREEK HOUSING PARTNERS, LP CASE FILE NO. 2012-04 LS, SC WHEREAS, application was made requesting to vacate and dose the westerly 14 feet (approximately) of the right of way of Hoover Avenue between 22nd Street and Paradise Creek, more particularly described in Exhibit "A -Hoover", attached hereto and incorporated herein as though set forth in full; and WHEREAS, application was made requesting to vacate and close the eastern half of the right of way of Harding Avenue between 22nd Street and Paradise Creek, more particularly described in Exhibit "A -Harding", attached hereto and incorporated herein as though set forth in full; and WHEREAS, on May 15, 2012, the City Council conducted a hearing and initiated the said proposed vacations and closures of portions of Hoover Avenue and Harding Avenue; and WHEREAS, the City Engineer has caused notice of said proposed vacations and closures to be posted in the manner specified by law; and WHEREAS, on May 21. 2012, the Planning Commission considered the said proposed vacations and closures, and found and determined that the vacations and closures conform with the City's adopted General Plan; and WHEREAS, on August 21, 2012, the City Council considered the Planning Commission's report and recommendation and the presentation of staff regarding the proposed vacations and closures; and WHEREAS, all things and acts necessary to be done as required by Part 3 of Division G of the California Streets and Highways Code in order to abandon said streets have been done and accomplished; and WHEREAS, a public hearing was held on August 21, 2012 in the City Council Chamber, at which time all persons interested in or objecting to the proposed vacations and closures were afforded the opportunity to appear and be heard; and WHEREAS, at said hearing, the City Council found, from all evidence submitted, that said portions of streets proposed to be vacated and closed are unnecessary for present or future public use or for present or future installation of utilities; and WHEREAS, the City Council at said hearing further found that said proposed vacations and closures are in conformity with the adopted General Plan; and 220 of 231 Attachment No. 1 Resolution No. 2013 — Page Two NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves said street vacations based on the following findings: 1. That the portions of the public rights -of way proposed to be vacated are unnecessary for present or future public use, since all of the properties abutting the areas proposed to be vacated are owned by the City, which intends to redevelop the subject properties, and access to subject properties will continue to be provided by the adjacent streets. 2. That the proposed vacation of the portion of the right-of-way for Hoover Avenue is consistent with the City's General Plan since the Westside Specific Plan identifies this segment of Hoover Avenue as a local street and as a residential/mixed-use corridor with the goals to buffer pedestrians from vehicles; encourage walking, biking, and transit use; and reduce vehicle speeds through traffic calming measures that include narrowing roadway widths and widening sidewalks, 3. That the proposed vacation of the portion of the right-of-way For Harding Avenue is consistent with the City's General Plan since the Westside Specific Plan includes a buildout circulation network that eliminates the segment of Harding Avenue north of 22nd Street and south of 20th Street to accommodate the proposed park expansion as part of the Westside Inftll Transit Oriented Development i"WI-TOD") project. 4. That the proposed vacations would allow for efficient and comprehensive redevelopment of underdeveloped and nonconforming properties. BE IT FURTHER RESOLVED that the street vacations are approved subject to the following conditions: 1. The Certificate of Compliance for Parcel Map Waiver (2012-04 LS, SC) shall be recorded concurrently with the Orders of Vacation. 2. A preliminary title report and a policy of title insurance shall be provided prior to recordation of the Orders to Vacate. 3. The owner and developer shall provide easements for sewer and any other public utilities after vacation. Alt easements shall remain in place until the utilities have been removed or replaced. 4. The Resolution ordering vacation shall not be recorded until the above conditions have been satisfied. BE IT FURTHER RESOLVED as follows: 1. That the Mayor and City Clerk are respectively authorized and directed to execute and attest Orders of Vacation of the above described portions of public rights -of -way. 2. That the vacation of the above -described portions of public rights -of -way to motorized vehicles is made under the authority of Division 9, Part 3, Chapter 3 of the California Streets and Highways Code. 221 of 231 Attachment No. 1 Resolution No. 2013 — Page Three 3. That the rights -of -way to be vacated are not needed for present or future public use and/or for utility service, since the properties abutting the street under consideration will continue to have access to public streets and utilities. 4. That the area to be vacated is not required as a non -motorized transportation facility for pedestrians, bicyclists, or equestrians, and adjacent streets will allow for the same through travel. 5. That the vacation of the proposed segments of rights -of -way is consistent with the City's General Plan since the area will continue to provide access and emergency access to the area. 6. That the City Clerk is hereby authorized and directed to cause certified copies of subject orders to be recorded in the office of the County Recorder of San Diego County, pursuant to Section 8325 of the California Streets and Highways Code. 7. That from and after the date that this Resolution is recorded, the above -described portions of public rights -of -way no longer constitute a street, except as reserved and excepted herein. PASSED and ADOPTED this 18th day of June, 20 . on Morrison, ayor ATTEST: PPROVED AS TO FORM: dia Gacitua Silva y At drney 222 of 231 EXHIBIT A -Harding...._, A PORTION OF LOTS 7-10 OF BLOCK 107 IN NATIONAL CITY, IN THE CITY OF NATIONAL CflY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 346, FILED IN THE OFFICE OF THE COUNTY RECORDED OF SAID SAN DIEGO COUNTY, OCTOBER 2, 1882, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERUNE INTERSECTION OF HARDING AVENUE AND 22ND STREET; THENCE NORTHERLY ALONG THE CENTERUNE OF HARDING AVENUE NORTH 17'48'28" WEST 40.00 FEET TO A POINT IN THE NORTHERLY RIGHT OF WAY OF 22ND STREET; THENCE EASTERLY ALONG SAID RIGHT OF WAY 1.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CON11NUING ALONG SAID RIGHT OF WAY 39.00 FEET TO A POINT OF INTERSECTION OF THE EASTERLY RIGHT OF WAY OF HARDING AVENUE HAVING A HALF RIGHT OF WAY WIDTH OF 40.00 FEET AND THE NORTHERLY RIGHT OF WAY OF 22ND STREET HAVING A HALF RIGHT OF WAY WIDTH OF 40.00'; THENCE NORTHERLY ALONG THE EASTERLY RIGHT OF WAY OF HARDING AVENUE NORTH 1 T48'28" WEST 74.46 FEET; THENCE LEAVING SAID RIGHT OF WAY SOUTH 2O'04'26" WEST 63.51 FEET; THENCE SOUTH 17'46'28' EAST 24.27' TO THE TRUE POINT OF BEGINNING. SEE EXHIBIT "B" SHEET 2 FOR A SKETCH DEPICTING DESCRIBED PROPERTY. CONTAINS 1,925 SO. FT. OR 0,04 ACRES, MORE OR LESS. BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS PLAT LS THE CENTERUNE OF 22ND ST PER E) CHRISTMAN BUSINESS AND INDUSTRIALL, PARK I MAP NO 8038 AS SHOWN AS NORTH 72' 16'45' EASE. EXH. B SHEET 1 OF 2 BY: DSK DATE 5-31-12 SCALE AS SHOWN ENGINEER/SURVEYOR PREPARE? UNVER TFIE SUPER ON CF: C7L_ P7-1!”!—*_ CONSULTING, INC. CIVIL ENGINEERING LAND PLC 9 91ARVIIING 27156 BURBANK POOTHL. RANCH, CALFORNIA a2610 T. 919.816.3600 F.648, 16,3666 W W .CVC-INC.NEr STREET VACATION PORTION OF HARDING AVENUE SHEET 1 OF 2 223 of 231 EX•I. a SHEET2 OF 2 ©SK GATE: 5-$1-12 SCALE AS SHOWN EXHIBIT A -Harding...,, T76.4.5°* - ;goo,* °s siv ENGINEER/SURVEYOR PREPARED UNDER THE SUPERVISOR OF: V NCEP1T W SCARPA11 R.C.E.33520 LICENSE EXP. 06/30/2014 21156 eURENNC FOOTHLL CALIFORNIA BMW CONSULTING, INC. T, Mar awe CIVIL. ENGINEERING F. .91$ we Pumas * ILINVETIP-IMM"C"INCIET 224 of 231 DAit I STREET VACATION N PORTION OF HARDING AVENUE SHEET2OF2 EXHIBIT A -Hoover,......, A PORTION OF LOTS 13-2 OF BLOCK 86 AND LOTS 13-20 OF LOCK 85 AND LOTS 13-17 OF BLOCK 84 IN NATIONAL CITY, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALFORNIA, ACCORDING TO IMP THEREOF NO. 348, FILED IN THE OFFICE OF THE COUNTY RECORDED OF SAID SAN DEGO COUNTY, OCTOBER 2, 1882, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERUNE INTERSECTION OF 21ST STREET AND HOOVER AVENUE; THENCE SOUTH 72614'18" WEST 25,21 TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 1745'42" EAST 263.41 FEET TO A CONCAVE CURVE WESTERLY WITH A RADIUS OF 27.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90" 02.28" AN ARC DISTANCE OF 42.43 FEET; THENCE LEAVING SAID CURVE SOUTH 7716'45" WEST 24.27 FEET TO A NON TANGENT CURVE CONCAVE WESTERLY WITH A RADIUS OF 20.00 FEET: THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7755'20" AN ARC DISTANCE OF 27.20 FEET TO A TANGENT COMPOUND CURVE CONCAVE WESTERLY WRH A RADIUS OF 760.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1704144" AN ARC DISTANCE OF 80.41 FEET; THENCE LEAVING SAID CURVE NORTH 17'47156" WEST 598.21 FEET ALONG THE WESTERLY RIGHT OF WAY OF HOOVER AVENUE HAVING A HALF RIGHT OF WAY WIDTH OF 40.00 FEET; THENCE LEAVING SAID RIGHT OF WAY NORTH 72 04'38" EAST 13.71 FEET; THENCE SOUTH 1748125* EAST 482.71 FEET; THENCE NORTH 71108158" EAST 1.09 FEET TO THE TRUE POINT OF BEGINNING. SEE EXHIBIT "B" SHEET 2 FOR A SKETCH DEPICTING DESCRIBED PROPERTY. CONTAINS 12,013 SO. FT. OR 0.28 ACRES, MORE OR LESS. BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS PLAT IS THE CENTERLINE OF 22ND ST PER Ed CHRISTMAN BUSINESS AND INDUSTRIAL PARK I MAP NO 8038 AS SHOWN AS NORTH 7216'45" EASE. GIB SHEET 1 OF 2 BY: DSK DATE:5.31-12 SCALE AS SHOWN ENGINEER/SURVEYOR PREPARED UPIXR THE SUPERVISOR OF: 1HCENT ill1. SCARPA11 R.C.E.335X3 DATE UCENSE EXP. 06/30/2014 Cr---go•-- CONSULTING, INC. CIVIL ENGINEERING LAM PLANNING d SURVEYING 2719e BURBANK FOOTHILL RANCH, CALIFORNIA 92610 T, 949A16.36G0 90616,2805 wwCOVC-INC,ET STREET VACATION PORTION OF HOOVER AVINUE SHEET 1 OF 2 225 of 231 EXH I B IT A-H oovera.. Na. 1 CURVE TABLE I CURVE I LENGTH I RADIUS DELTAyy I TAN 1, C i 27.00 1 t 02 26" 27.02 2 27.20 20.00 16.17 , C3 160.22 760.00 1 Z►D4'444 80.41 , SCALE: 1" - 501 DO-I.BSHEET 2OF2 BY: DSK DATE: 5-31-12 SCALE: AS SHOWN gaol r"240 ENGINEER/SURVEYOR PREPARED UKIER THE SUPERVISOR CF; waist W. A11 Rj1�� DA1E �y i� aist UP. 06 ♦ CONSULTING, INC. CIVIL ENGINEERING LAND PLANNIN2 II BUR' Z7156 BURBANK FOOThL.L RANCH, QALFORNIA 02610 T. 949.I16.36C3 F, IN9,16.3605 STREET VACATION PORTION OF HOOVER AVENUE SHEET 2 OF 2 Attachment No. 1 Passed and adopted by the Council of the City of National City, California, on June 18, 2013 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California edo,/ Cityi k of the ity of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2013-83 of the City of National City, California, passed and adopted by the Council of said City on June 18, 2013. City Clerk of the City of National City, California By: Deputy Attachment No. 2 RECORDING REQUESTED BY; Old Republic Title Company Escrow No.: 1117014676 APN: 560-391-12 & 559-124-08 When Recorded Mail Document and Tax Statements to: CDC -Housing Authority of the City of National City 140E 12th Street National Oty, CA 91950 Grant Deed SPACEABOVE THIS LINE IS FOR RECORDERS USE The undersigned grantor(s) declare(s): Documentary Transfer Tax is $0.00 R&T 11911- Deed to governmental agency. This deed Is recorded to establish the vacation legal description pursuant to a Resolution Authorizing an Order of Vacation recorded June 17, 2014, document number 2014-250448 (X) computed on full value of property conveyed, or ( ) computed on full value less of liens and encumbrances remaining at time of sale. { ) Unincorporated area: (X) City of National City FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of National City hereby GRANT(S) to Community Development Commission -Housing Authority of the City of National City, a public body, corporate and politic that property in City of National City, San Diego County, State of California, described as: See "Exhibit A" attached hereto and made a part hereof. Date: City of National City By: Ron Morrison, Mayor Approved as to form: By: Claudia Gacitua Silva, City Attorney Grant Deed MAIL TAX STATEMENTS AS DIRECTED ABOVE 228 of 231 Page 1 of 2 Attachment No. 2 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of County of On before me, a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Name: (Typed or Printed) (Seal) Grant Deed Order No. 1117014676 Page 2 of 2 229 of 231 RESOLUTION NO. 2016 — 41 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY ACCEPTING THE TRANSFER BY GRANT DEED OF CERTAIN REAL PROPERTY FROM THE CITY OF NATIONAL CITY NATIONAL CITY CONSISTING OF PORTIONS OF HOOVER AVENUE AND HARDING AVENUE PREVIOUSLY VACATED BY CITY COUNCIL RESOLUTION 2013-83 FOR THE WESTSIDE INFILL TRANSIT ORIENTED DEVELOPMENT WHEREAS , the City of National City ("City") vacated and closed the westerly 14 feet (approximately) of the right-of-way of Hoover Avenue between 22nd Street and Paradise Creek, more particularly described in Exhibit "A" -Hoover of City Council Resolution No. 2013-83 adopted by the City Council of the City of National City on June 18, 2013; and WHEREAS, the City also vacated and closed the eastern half of the right-of- way of Harding Avenue between 22nd Street and Paradise Creek, more particularly described in Exhibit "A" -Harding of City Council Resolution No. 2013-83; and WHEREAS, the City was the owner of two legal parcels, Parcel 1 and Parcel 2, ("Housing Parcels") totaling 6.299 acres, generally bounded by 19th Street, Harding Avenue, 22nd Street, and Hoover Avenue; and WHEREAS, the Successor Agency to the Community Development Commission as the National City Redevelopment Agency ("Successor Agency") is subject to the enforceable obligation commonly referred to as the Westside Infill Transit Oriented Development (WI-TOD) Development and Disposition Agreement ("DDA"), entered into June 21, 2011, with Paradise Creek Housing Partners, LP ("Developer"); and WHEREAS , the DDA requires the Housing Parcels to be acquired for and developed into a 201 unit affordable housing project (the "Project") as described in the DDA; and WHEREAS, in accordance with California Health and Safety Code section 34176. the Community Development Commission -Housing Authority of City of National City "CDC -HA" accepted the affordable housing functions of the former redevelopment agency pursuant to CDC -HA Resolution No. 2012-01; and WHEREAS, the City sold the Housing Parcels consisting of 6.299 acres to the CDC -HA as authorized by City Council Resolution 2013-129 to fulfill the development obligations under the DDA; and WHEREAS, the real property vacated by City Resolution 2013-83 ("Vacated Right -of -Way") was not included in the legal description incorporated in the Grant Deed that transferred the Housing Parcels to the CDC -HA in August 2013 for the development of affordable housing; and WHEREAS, the conveyance of the Vacated Right -of -Way would perfect the transfer of title from the City to the CDC -HA as previously intended by City Council Resolution 2013-83; and 230 of 231 Resolution 2016 — 41 Page Two WHEREAS, the transfer of real property is not a "Project" under section 15378 of the California Environmental Quality Act ("CEQA") Guidelines because the proposed action consists of administrative activity that will not result in direct or indirect physical changes to the environment, and such, pursuant to section 15061(b)(3) of the CEQA Guidelines is not subject to CEQA. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission -Housing Authority of the City of National City accepts by Grant Deed certain Real Property from the City of National City consisting of portions of Hoover Avenue and Harding Avenue previously vacated by City Council Resolution 2013-83 for the Westside Infill Transit Oriented Development. Said Grant Deed will be publicly recorded with the County of San Diego Office of the Recorder. PASSED and ADOPTED this 20th day of September, 2016. ATTEST: Leslie Deese, Secretary APPROVED AS TO FORM: Claudia Gacitua Silva General Counsel Ron Morrison, Chairman 231 of 231