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AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY 4,- CALIFORNIA - NATIONAL City `NCo$poRATBD 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, DECEMBER 6, 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 378 CC/CDC-HA Agenda 12/6/2016 — 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 378 CC/CDC-HA Agenda 12/6/2016 — 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 PRESENTATIONS 1. Introduction of New Employees 2. Update on "Together, We Can" Campaign - Cristina Charlton, SDSU Intern (Neighborhood Services/Planning) 3. 2017 Storm Water Calendar Presentation INTERVIEWS / APPOINTMENTS 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 . (City Clerk) 6. Resolution of the City Council of the City of National City approving the implementation of a Holiday Food for Fines Pilot Program from December 7, 2016 through January 31, 2017 to accept food donations at the National City Library in exchange for the reduction of overdue library fines by $1 for each item donated in honor of the holiday spirt of giving. (Library) 7 Resolution of the City Council of the City of National City adopting amendments to the City Council Policy Manual; Chapter 600: Personnel 3 of 378 CC/CDC-HA Agenda 12/6/2016 — Page 4 Services (Policy 602 - Council Clerical Staff), Chapter 700: Traffic and Public Safety (Policy 705 - Fire Hydrants), Chapter 1000: Risk Management (Policy 1001 - Risk). (City Manager) 8. Resolution of the City Council of the City of National City adopting City Council Policy # 203, "Investments," for Fiscal Year 2017. (Finance) 9. Resolution of the City Council of the City of National City waiving the bid process by piggybacking Western States Contracting Alliance (WSCA) contract MNWNC-122, and authorizing the purchase from Nimble Storage Inc. of Enterprise Storage for an amount not to exceed $154,075.70.(MIS) 10. Resolution of the City Council of the City of National City authorizing the acceptance of the lowest, responsive, responsible bid, for the purchase of (2) 2017 Nissan Altimas SR, for the Police Department from Mossy Nissan of National City, in the amount of $51,603.06. (Finance) 11. Resolution of the City Council of the City of National City authorizing the acceptance of the lowest, responsive, responsible bid, for the purchase of (1) 2017 Ford F250 SD Super Cab 148" XL, (1) 2017 Ford F250 SD Super Cab 164" XL with Service Body, and (1) 2017 Ford F450 SD Super Cab 168" XL with Service Body for the Public Works Department from North County Ford of Vista, in the amount of $131,687.60. (Finance) 12. Resolution of the City Council of the City of National City authorizing the acceptance of the lowest, responsive, responsible bid, for the purchase of (1) 2016 Toyota Highlander XLE, for the Police Department from Toyota San Diego of San Diego, in the amount of $38,563.45. (Finance) 13. Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement with Financial Credit Network, Inc. for collection services for a three-year term with two additional one-year options. (Finance) 14. Investment Report for the quarter ended September 30, 2016. (Finance) 15. Warrant Register #17 for the period of 10/19/16 through 10/25/16 in the amount of $2,485,391.15. (Finance) 16. Warrant Register #18 for the period of 10/26/16 through 11/01/16 in the amount of $1,791,247.42. (Finance) 17. Resolution of the City Council of the City of National City authorizing the establishment of an $8,500 Materials and Supplies Account appropriation in the Trash Rate Stabilization Fund and corresponding use of Trash Rate Stabilization Fund fund balance for the purchase of public litter containers. (Engineering/Public Works) 4 of 378 CC/CDC-HA Agenda 12/6/2016 — Page 5 18. Resolution of the City Council of the City of National City authorizing the appropriation of $625,000 in TransNet Active Transportation Grant Program funds through the San Diego Association of Governments for the Citywide Midblock Pedestrian Crossing Enhancements Project and establishment of corresponding revenue and expenditure accounts. (Engineering/Public Work) 19. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with A Reason to Survive, Inc. (ARTS) in the not -to -exceed amount of $40,000 to oversee the conceptualization, creation, design and fabrication of custom bike racks funded through a San Diego Association of Governments (SANDAG) TransNet Active Transportation Grant Program grant and local matching funds. (Engineering/Public Works) 20. Resolution of the City Council of the City of National City authorizing installation of All -Way Stop control at the intersections of "K" Avenue & E. 6th Street and "J" Avenue & E. 5th Street (TSC No. 2016-16). (Engineering/Public Works) 21. Resolution of the City Council of the City of National City authorizing the installation of Stop signs and Yield signs to provide traffic control at various intersections within the neighborhood bound by Alpha Street to the north, Division Street to the south, Euclid Avenue to the east, and 1-805 to the west (TSC No. 2016-17). (Engineering/Public Works) 22. Resolution of the City Council of the City of National City authorizing the installation of five, 2-hour time restricted parking spaces located on the south side of E. 8th Street in front of Harborview Condominiums (TSC No. 2016-18). (Engineering/Public Works) 23. Resolution of the City Council of the City of National City authorizing the installation of two, 2-hour time restricted parking spaces on E. 6th Street adjacent to "Monte de Piedad", located at 604 Highland Avenue (TSC No. 2016-19). (Engineering/Public Works) PUBLIC HEARINGS 24. Public Hearing — Conditional Use Permit for a craft beer tasting room Embarcadero Brewing) to be located at 340 West 26th Street, Suite "D". (Applicant: Jorge Molina) (Case File 2016-21 CUP) (Planning) 25. Public Hearing — Proposed Street Vacation of a segment of "A" Avenue located south of East 28th Street and north of East 29th Street. *Hearing reopened at City Council Meeting of September 6, 2016* (Applicant: Frank Motors) (Case File No. 2013-23 SC) (Planning) 5 of 378 CC/CDC-HA Agenda 12/6/2016 — Page 6 ORDINANCES FOR INTRODUCTION 26. An Ordinance of the City Council of the City of National City establishing the compensation of the Mayor and the City Council. (City Attorney) 27. An Ordinance of the City Council of the City of National City adopting the 2016 California Fire Code & the National Fire Protection Association Standards. Including the 2016 California Building, Mechanical, Electrical, Plumbing, Residential, Energy, Green & Grading Codes & 2014 National Electrical Code. In addition, all Appendices related to the codes described above. (Fire/Building) 28. An Ordinance of the City Council of the City of National City amending Sections 2.60.035, 2.60.250, and 2.60.270 of the National City Municipal Code related to the City Manager's contracting authority. (City Attorney) ORDINANCES FOR ADOPTION NON CONSENT RESOLUTIONS 29. Resolution of the City Council of the City of National City approving a 4.48% salary adjustment for the Part -Time and Seasonal employee group effective January 1, 2017; and moving the classifications of Part -Time Property and Evidence Specialist I and Police Dispatcher from ranges pt132 and pt160, respectively to pt127 and pt156, respectively. NEW BUSINESS 30. Notice of Decision — Planning Commission approval of a Conditional Use Permit for the expansion of a gas station convenience store at 1803 Highland Avenue. (Applicant: Michael Rafo) (Case File 2016-17 CUP) (Planning) 31. Notice of Decision — Planning Commission approval of a Conditional Use Permit to convert a three unit multi -family development to condominiums at 1404 & 1408 Coolidge Avenue and 316 West 14th Street. (Applicant: William Lewallen) (Case File 2016-18 CUP) (Planning) B. COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY PUBLIC HEARINGS- HOUSING AUTHORITY CONSENT RESOLUTIONS- HOUSING AUTHORITY NON CONSENT RESOLUTIONS- HOUSING AUTHORITY 32. Resolution of the Community Development Commission -Housing Authority of the City of National City authorizing the Executive Director to 6 of 378 CC/CDC-HA Agenda 12/6/2016 — Page 7 execute an Exclusive Negotiating Agreement by and between the Community Development Commission -Housing Authority of the City of National City and Community HousingWorks, Inc., a California non-profit public benefit corporation, and Mercy Housing California, Inc., a California non-profit public benefit corporation for the recapitalization and rehabilitation of Kimball and Morgan Towers located at 1317 and 1415 "D" Avenue in National City. (Housing and Economic Development) 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 - December 20, 2016 - 6:00 p.m. - Council Chambers - National City, California. City Council and Community Development Commission - Housing Authority of the City of National City Meeting Schedule for the Period January 3, 2017 through January 17, 2017: January 03 - Dispense with Meeting - 6:00 pm January 17 - Regular Meeting - 6:00 pm 7 of 378 CC/CDC-HA Agenda 12/6/2016 — Page 8 The following page(s) contain the backup material for Agenda Item: Introduction of New Employees 8 of 378 ITEM NO. 12/6/16 INTRODUCTION OF NEW EMPLOYEES Luca Zappiello, Civil Engineering Technician Jorge Valdivia Guerrero Jr, Building Trades Specialist Santiago Marron Jr, Building Trades Specialist (Engineering/Public Works) 9 of 378 CC/CDC-HA Agenda 12/6/2016 — Page 10 The following page(s) contain the backup material for Agenda Item: Update on "Together, We Can" Campaign - Cristina Charlton, SDSU Intern (Neighborhood Services/Planning) 10 of 378 Item # December 6, 2016 Update on "Together, We Can" Campaign Cristina Charlton, SDSU Intern (Neighborhood Services/Planning) 11 of 378 CC/CDC-HA Agenda 12/6/2016 — Page 12 The following page(s) contain the backup material for Agenda Item: 2017 Storm Water Calendar Presentation 12 of 378 Item 12/6J16 2017 STORM WATER CALENDAR PRESENTATION (ENGINEERING/PUBLIC WORKS) 13 of 378 CC/CDC-HA Agenda 12/6/2016 — Page 14 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) 14 of 378 ITEM # 12-6-16 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) 15 of 378 CC/CDC-HA Agenda 12/6/2016 — Page 16 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving the implementation of a Holiday Food for Fines Pilot Program from December 7, 2016 through January 31, 2017 to accept food donations at the National City Library in exchange for the red 16 of 378 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: ;December 6, 2016 AGENDA ITEM NO, ITEM TITLE: Resolution of the City Council of the City of National City approving the implementation of a Holiday Food for Fines Pilot Program from December 7, 2016 through January 31, 2017 to accept food donations at the National City Library in exchange for the reduction of overdue library fines by $1 for each item donated in honor of the holiday spirit of giving. PREPARED BY: M. Duong DEPARTMENT: Libra PHONE: 619-470-5882 APPROVED BY: EXPLANATION: During the Food for Fines Program, the Library will waive overdue fines as patrons bring in food donations. One non-perishable food item equals $1 in overdue charges forgiven, up to a maximum of $10 per library card account. All collected food items will go to a local food bank. See attached report. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVE& Qnance APPROVED: MIS STAFF RECOMMENDATION: Approval recommended BOARD / COMMISSION RECOMMENDATION: Endorsed by the Library Board of Trustees ATTACHMENTS: 1. Resolution 2. Staff Report 17 of 378 NATIONAL CITY PUBLIC LIBRARY 1401 National City Boulevard National City, CA 91950 619-470-5830 CITY COUNCIL REPORT December 6, 2016 ITEM Resolution of the City Council of the City of National City approving the implementation of a Holiday Food for Fines Pilot Program from December 7, 2016 through January 31, 2017 to accept food donations at the National City Library in exchange for the reduction of overdue library fines by $1 for each item donated in honor of the holiday spirit of giving. BACKGROUND Turning late fees into charity, which is the concept behind the Food for Fines Program, is a way for library patrons to reduce or eliminate overdue fines while giving back to the community. Many libraries across the nation have participated in food drives during holiday season for years by way of accepting non-perishable food in lieu of fines payment. !COPE Of PROGRAM The fine waiver is only for a limited period of time; it typically runs around the holiday season. The goal is to let patrons make amends for not returning library materials on time, help them get their accounts back into good standing in order to fully take advantage of all the resources provided at the library. At the same time, the event aims at sparking the spirit of giving, making people feel good about being generous and caring for the families in need. The Library will also accept donations of food from people who do not owe fines. Rules and Regulations - For each food item patrons bring in, a $1 will be waived from their existing overdue fines up to a maximum of $10 per library card account. 18 of 378 - Only overdue fines will be waived. All overdue items must have been returned, checked in, and as a result assessed for fines to be waived. Lost or damaged book charges and library card replacement fees are excluded from the waiver. - Food items must be brought to a library staff member at the Check-out Desk during regular hours of operation. - Donated food items may not be opened, damaged, or past their expiration date. Suggested items are boxed or canned non-perishable food. Home -canned items, canned food that is dented or with a bar code that has been lined/scratched through, food in a glass container, items separated from multipacks, sample size items and perishable will not be accepted. For FY2016-17, the Library proposes to run the Food for Fines drive as a pilot program, from December 7, 2016 to end of January 2017. If successful, we are requesting City Council's approval to turn it into an annual event, which will typically run from mid - November to end of December each year. FISCAL IMPACT It is not possible at this time to accurately predict the financial impact of the proposed program. For records keeping and as per our practice relating to any fines waiving, the Library will assign a waiver code "FFF" to all Food for Fines transactions completed during the first food drive. This will allow us to run reports that will give us a better sense of the total amount forgiven. We believe however that apart from a minimal outlay of staff time, the loss in income will not be significant. RECOMMENDATION Approve resolution to implement a Food for Fines Program. 19 of 378 CC/CDC-HA Agenda 12/6/2016 — Page 20 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City adopting amendments to the City Council Policy Manual; Chapter 600: Personnel Services (Policy 602 - Council Clerical Staff), Chapter 700: Traffic and Public Safety (Policy 705 - Fire Hydrants), 20 of 378 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 6, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City Adopting Amendments to the City Council Policy Manual; Chapter 600: Personnel Services (Policy 602 — Council Clerical Staff), Chapter 700: Traffic and Public Safety (Policy 705 — Fire Hydrants), Chapter 1000: Risk Management (Policy 1001 — Risk). PREPARED BY: Lauren Maxilom, Management Analyst II DEPARTMENT: City Mena ffice APPROVED BY: EXPLANATION: As per Council Policy #101, the City Council Policy Manual is reviewed on an annual basis, and updated as necessary. At this time staff proposes amending the following policies from Chapters 600, 700 and 1000 of the Manual: Policy 602 - City Council Clerical Staff Policy 705 - Installation of Fire Hydrants Policy 1001 — Risk Management Policy Additional proposed amendments to City Council Policy Manual Chapters will be brought back at future meetings. FINANCIAL STATEMENT: ACCOUNT NO. 'nla ENVIRONMENTAL REVIEW: ,nla ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Review and approve policy amendments as submitted BOARD / COMMISSION RECOMMENDATION: n/a ATTACHMENTS: Policy 602 1) existing policy, 2) red -line strike out; proposed policy, 3) final draft Policy 705 1) existing policy, 2) red -line strike out; proposed policy, 3) final draft Policy 1001 1) existing policy, 2) red -line strike out; proposed policy, 3) final draft 21 of 378 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: City Council Clerical Staff and POLICY #602 Executive Assistant to the Mayor ADOPTED: August 20,1985 AMENDED: January 21, 1986 December 16, 2008 Purpose To establish guidelines for the evaluation or replacement of the City Council Clerical Staff and Executive Assistant to the Mayor. Policy It shall be the responsibility of the Vice Mayor to confer with the Mayor to coordinate the performance evaluation or replacement of the City Council Clerical Staff and Executive Assistant to the Mayor. The Vice Mayor shall confer with the Mayor to make recommendations on performance, pay increases, and the need for temporary assistance in case of absences. The Vice Mayor will also be responsible to confer with the Mayor for the annual review and evaluation of the performance of the City Council Clerical Staff and Executive Assistant to the Mayor. .. Related Polic P None Page 1 of 1 22 of 378 CITY COLN CIL POLICY CITY OF NATIONAL CITY TITLE: City Council Clerical Staff and POLICY #602 Executive Assistant to the Mayor ADOPTED: August 20, 1985 AMENDED: December 16, 2008 Purpose To establish guidelines for the selection and evaluation or replacement of the City Council Clerical and Administrative Support Staff and E ;eeuti:e 1 ssisLan t t,. th AA assigned to support the Offices of the Mayor and City Council. Policy It shall be the responsibility of the Vice Mayor to confer with the Mayor to to coordinate the selection and performance evaluation or replacement of the clerical and administrative staff assigned to the offices of the Mayor and City Council. , Council C1eri ' Staff d �,/ uaa Executive Assistant to the Mayor. For clerical and administrative staff positions assigned to the City Council Department but reporting to the Office of the City Manager: 1. The City Manager or designee shall be responsible for assigning staff to support the Mayor and City Council. The City Manager may confer with the Vice Mayor prior to making such assignments. 2. The Vice Mayor shall provide periodic updates to the City Manager, or designee on the job performance of support staff 3. The Vice Mayor shall provide input to the City Manager, or designee in the preparation of annual performance evaluations. For clerical and administrative staff positions assigned and reporting to the City Council Depaitalent: 1. The Vice Mayor shall be responsible for conducting annual performance evaluations for support staff assigned to the City Council Department. 2. The Vice Mayor shall be responsible for conferring with and making recommendations to the Mayor on the performance and annual performance evaluations of support staff assigned to the Mayor. 3. The Mayor shall be responsible for conducting annual performance evaluations for support staff assigned to the Mayor. 4-A.The Vice Mayor shall confer with the Mayor to make recommendations on performance, pay increases jshould this simply say "salary" rather than be specific to Ray "increases"?, and the need for temporary assistance in case of absences. Page 1 of 2 23 of 378 CITY COUNCIL POLICY CITY OF NATIONAL CITY and evaluation of the performance of the City Council Clerical Staff and Executive Assistant to the Mayor. Selection processes, starting compensation and compensation adjustments for clerical and administrative staff assigned to the City Council Department shall be administered in a manner consistent with policies governing the occupational group of each employee's job classification. Related Policy PrReferences None. Prior Policy Amendments January 21, 1986 December 16, 2008 Page 2 of 2 24 of 378 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: City Council Clerical Staff and POLICY #602 Executive Assistant to the Mayor ADOPTED: August 20,1985 AMENDED: December 16, 2008 Purpose To establish guidelines for the selection and evaluation of the Clerical and Administrative Support Staff assigned to support the Offices of the Mayor and City Council. Policy It shall be the responsibility of the Vice Mayor to coordinate the selection and performance evaluation of the clerical and administrative staff assigned to the offices of the Mayor and City Council. For clerical and administrative staff positions assigned to the City Council Department but reporting to the Office of the City Manager: 1. The City Manager or designee shall be responsible for assigning staff to support the Mayor and City Council. The City Manager may confer with the Vice Mayor prior to making such assignments. 2. The Vice Mayor shall provide periodic updates to the City Manager, or designee on the job performance of support staff. 3. The Vice Mayor shall provide input to the City Manager, or designee in the preparation of annual performance evaluations. For clerical and administrative staff positions assigned and reporting to the City Council Departrttent: 1. The Vice Mayor shall be responsible for conducting annual performance evaluations for support staff assigned to the City Council Department. 2. The Vice Mayor shall be responsible for conferring with and making recommendations to the Mayor on the performance and annual performance evaluations of support staff assigned to the Mayor. 3. The Mayor shall be responsible for conducting annual performance evaluations for support staff assigned to the Mayor. 4. The Vice Mayor shall confer with the Mayor to make recommendations on the need for temporary assistance in case of absences. Selection processes, starting compensation and compensation adjustments for clerical and administrative staff assigned to the City Council Department shall be administered in a manner consistent with policies governing the occupational group of each employee's job classification. Page 1 of 2 25 of 378 CITY COUNCIL POLICY CITY OF NATIONAL CITY Related Policy References None. Prior Policy Amendments January 21, 1986 December 16, 2008 Page 2 of 2 26 of 378 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Installation of Fire Hydrants POLICY #705 ADOPTED: 11-14-89 AMENDED: Purpose The purpose of this Policy is to provide a uniform and equitable procedure applicable to the installation of fire hydrants for the protection of life and property. Policy The provisions of this Policy shall apply to all properties located within the corporate limits of National City whether those properties be privately owned or public domain. The Chief of the Fire Department (the Fire Marshal, or other persons authorized to represent the Fire Chief) is hereby authorized and directed to administer the provisions of this Policy. For such purpose he shall receive the cooperation of other departments, divisions, etc. of the City. The location of all fire hydrants and the required gallons per minute (GPM) fire flow for each hydrant shall be established by the Fire Chief, based upon minimum requirements of the Uniform Fire Code (U.F.C.); recommended standards as published by the Insurance Service Office (1.S.O.), and/or other applicable regulations. When new hydrants are installed to reduce spacing, the following shall apply: (a) When existing fire hydrants located within the public right-of-way of any street or public way exceed a spacing in accordance with the Uniform Fire Code, (or when in the opinion of the Fire Chief, the interest of public safety will be served, he may direct the water utility company to install additional fire hydrants. (b) Costs incurred by the installation of fire hydrants authorized under paragraph (a) of this section shall be paid by the City provided that funds for such installations have been approved by the City Council and are included in the current City budget. Such costs shall be limited to installation charges only and shall not include water storage assessment fees, water main line extensions/replacement or other charges. (e) Fire hydrants installed under this policy for which payment is made from public funds, shall be available for the protection of the general public, and not for the sole protection of a particular building or group of buildings. Page 1 of 2 27 of 378 When new hydrants are installed for construction projects, the following shall apply: (a) The application, plans, and specifications filed by an applicant for a building permit shall be reviewed by the Fire Chief to check compliance with rules and regulations under his jurisdiction. When such plan check confirms the requirement for the installation of an on -site or off -site fire hydrant(s) due to the proposed construction, that fact shall be clearly noted on the approved plans. The approximate location, minimum required GPM fire flow and/or any other pertinent data relating to the installation of the fire hydrant(s) shall also be noted as a plan correction. (b) It shall be the sole responsibility of the project developer or the owner of the property to negotiate with the water utility company for the complete installation of fire hydrant(s) required by the Fire Chief. Any and all costs assessed by the water utility company relating to the installation of such fire hydrant(s), the attendant properly sized water main lines (if required), water storage/assessment fees or other charges shall be borne by the project developer or other owner of the property. It shall not be incumbent upon the City of National City to participate in any such costs. Related Policy References City Council Resolution No. 13, 315 "Regulating the Installation of Fire Hydrants". A. Page 2 of 2 28 of 378 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Installation of Fire Hydrants POLICY #705 ADOPTED: 11-14-89 AMENDED: 12-16-16 Purpose The purpose of this Policy is to provide a uniform and equitable procedure applicable to the installation of fire hydrants as an approved water supply, capable of supplying the required fire flow for protection, shall be provided to premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction for the protection of life and property. Policy The provisions of this Policy shall apply to all properties located within the corporate limits of National City whether those properties be privately owned or public domain. The Chief or' the Fire DepartmentDirector of Emergency Services (the Fire Marshal, or other persons authorized to represent the Fire ChiefDirector of Emergency Services) is hereby authorized and directed to administer the provisions of this Policy. For such purpose he shall receive the cooperation of other departments, divisions, etc. of the City. The location of all fire hydrants and the required gallons per minute (GPM) fire flow for each hydrant shall be established by the FiriDirector of Emergency Services (the Fire Marshall, or other persons authorized to represent the Director of Emergency Services), based upon minimum requirements of the Uniform California Fire Code California Fire Code of Regulations Title 24, Part 9, based on the current edition of the International Fire Code: (U.F.C.); recommended standards as published by the Insurance Service Office (1.S.0.), and/or other applicable regulations. When new hydrants are installed to reduce spacing, the following shall apply: (a) When existing fire hydrants located within the public right-of-way of any street or public way exceed a spacing in accordance with the Uniform California Fire Code California Fire Code of Regulations Title 24, Part 9, based on the current edition of the international Fire Code:, for when in the opinion of the Fire ChicfDirector of Emergency Services (the Fire Marshall, or other persons authorized to represent the Director of Emergency Services) , the interest of public safety will be served, he may direct the water utility company to install additional fire hydrants. Pa,,e 1 of 2 29 of 378 (b) Costs incurred by the installation of fire hydrants authorized under paragraph (a) of this section shall be paid by the City provided that funds for such installations have been approved by the City Council and are included in the current City budget. Such costs shall be limited to installation charges only and shall not include water storage assessment fees, water main line extensions/replacement or other charges. (c) Fire hydrants installed under this policy for which payment is made from public funds, shall be available for the protection of the general public, and not for the sole protection of a particular building or group of buildings. When new hydrants are installed or a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet from a hydrant on a fire apparatus road, as measure by an approved route around the exterior of a facility of building on -site fire hydrants and mains shall be provided where required by the fire code official: for construction projects, the following shall apply: (a) The application, plans, and specifications filed by an applicant for a building permit shall be reviewed by the Fire ChiefDirector of Emergency Services (the Fire Marshall, or other persons authorized to represent the Director of Emergency Services) to check compliance with rules and regulations under his jurisdiction. When such plan check confirms the requirement for the installation of an on -site or off -site fire hydrant(s) due to the proposed construction, that fact shall be clearly noted on the approved plans. The approximate location, minimum required GPM fire flow and/or any other pertinent data relating to the installation of the fire hydrant(s) shall also be noted as a plan correction. (b) It shall be the sole responsibility of the project developer or the owner of the property to negotiate with the water utility company for the complete installation of fire hydrant(s) required by the Fire Chief Director of Emergency Services (the Fire Marshall, or other persons authorized to represent the Director of Emergency Services). Any and all costs assessed by the water utility company relating to the installation of such fire hydrant(s), the attendant properly sized water main lines (if required), water storage/assessment fees or other charges shall be borne by the project developer or other owner of the property. It shall not be incumbent upon the City of National City to participate in any such costs. Related Policy References City Council Resolution No. 13, 315, "Regulating the Installation of Fire Hydrants" Page 2 of 2 30 of 378 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Installation of Fire Hydrants POLICY #705 ADOPTED: 11-14-89 AMENDED: 12-16-16 Purpose The purpose of this Policy is to provide a uniform and equitable procedure applicable to the installation of fire hydrants as an approved water supply, capable of supplying the required fire flow for protection, shall be provided to premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction for the protection of life and property. Policy The provisions of this Policy shall apply to all properties located within the corporate limits of National City whether those properties be privately owned or public domain. The Director of Emergency Services (the Fire Marshal, or other persons authorized to represent the Director of Emergency Services) is hereby authorized and directed to administer the provisions of this Policy. For such purpose he shall receive the cooperation of other departments, divisions, etc. of the City. The location of all fire hydrants and the required gallons per minute (GPM) fire flow for each hydrant shall be established by the Director of Emergency Services (the Fire Marshall, or other persons authorized to represent the Director of Emergency Services), based upon minimum requirements of the California Fire Code California Fire Code of Regulations Title 24, Part 9, based on the current edition of the International Fire Code: recommended standards as published by the Insurance Service Office (1.S.0.), and/or other applicable regulations. When new hydrants are installed to reduce spacing, the following shall apply: (a) When existing fire hydrants located within the public right-of-way of any street or public way exceed a spacing in accordance with the California Fire Code California Fire Code of Regulations Title 24, Part 9, based on the current edition of the international Fire Code:, or when in the opinion of the Director of Emergency Services (the Fire Marshall, or other persons authorized to represent the Director of Emergency Services) , the interest of public safety will be served, he may direct the water utility company to install additional fire hydrants. Page 1 of 2 31 of 378 (b) Costs incurred by the installation of fire hydrants authorized under paragraph (a) of this section shall be paid by the City provided that funds for such installations have been approved by the City Council and are included in the current City budget. Such costs shall be limited to installation charges only and shall not include water storage assessment fees, water main line extensions/replacement or other charges. (c) Fire hydrants installed under this policy for which payment is made from public funds, shall be available for the protection of the general public, and not for the sole protection of a particular building or group of buildings. When new hydrants are installed or a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet from a hydrant on a fire apparatus road, as measure by an approved route around the exterior of a facility of building on -site fire hydrants and mains shall be provided where required by the fire code official: (a) The application, plans, and specifications filed by an applicant for a building permit shall be reviewed by the Director of Emergency Services (the Fire Marshall, or other persons authorized to represent the Director of Emergency Services) to check compliance with rules and regulations under his jurisdiction. When such plan check confirms the requirement for the installation of an on -site or off -site fire hydrant(s) due to the proposed construction, that fact shall be clearly noted on the approved plans. The approximate location, minimum required GPM fire flow and/or any other pertinent data relating to the installation of the fire hydrant(s) shall also be noted as a plan correction. (b) It shall be the sole responsibility of the project developer or the owner of the property to negotiate with the water utility company for the complete installation of fire hydrant(s) required by the Director of Emergency Services (the Fire Marshall, or other persons authorized to represent the Director of Emergency Services). Any and all costs assessed by the water utility company relating to the installation of such fire hydrant(s), the attendant properly sized water main lines (if required), water storage/assessment fees or other charges shall be borne by the project developer or other owner of the property. It shall not be incumbent upon the City of National City to participate in any such costs. Related Policy References City Council Resolution No. 13, 315, "Regulating the Installation of Fire Hydrants". Page 2 of 2 32 of 378 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Risk Management Policy POLICY #1001 ADOPTED: October 23,1990 AMENDED: Purpose The City of National City recognizes the necessity to be protected against accidental loss which would significantly affect its personnel, property, finances or the ability of the City to fulfill its responsibility to the public. The City interprets its obligation in this area as requiring the highest possible concern for the safety of its employees and the public, combined with a concern that the appropriate protection be accorded City property to prevent financial loss. Policy The City will undertake to manage the risks of loss facing the City, in terms of both human and financial resources utilizing the basic steps of the risk management function: risk identification and measurement, and the treatment techniques of avoidance, transfer, reduction or retention. Each City employee is responsible for his/her own safety and safe completion of assigned tasks according to recognized industrial standards and bringing to the attention of the Director of Public Works any needed repair and/or maintenance of City facilities and equipment. The City will avoid incurring disproportionate risks in contractual agreements and all undertakings. In contractual relationships, the City will transfer to others, whenever possible, all risks of loss, unless otherwise directed by the City Council. The City will retain a risk with self-insurance or deductibles when it can be conveniently treated as a normal operating expense or when the potential loss is predictable enough to be budgeted for in a sound business manner. The guidelines established by City Council Policy 201, "Maintenance of Reserve Funds" will be followed. The administration of the City's risk management program is assigned to the Risk Manager reporting to the City Manager and working with the City Attorney as necessary. Related Policy References City Council Policy 201 Page 1 of 1 33 of 378 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Risk Management Police POLICY #1001 ADOPTED: October 23, 1990 AMENDED: Purpose The City of National City recognizes the necessity to be protected against accidental loss which would significantly affect its personnel, property, finances or the ability of the City to fulfill its responsibility to the public. The City interprets its obligation in this area as requiring the highest possible concern for the safety of its employees and the public, combined with a concern that the appropriate protection be accorded City property to prevent financial loss. Policy The City will undertake to manage the risks of loss facing the City, in terms of both human and financial resources utilizing the basic steps of the risk management function: risk identification and measurement, and the treatment techniques of avoidance, transfer, reduction or retention. Each City employee is responsible for his/her own safety and safe completion of assigned tasks according to recognized industrial standards and for bringing to the attention of their supervisor Director of Public Works any needed repairs and/or maintenance of City facilities and equipment. Supervisors are obligated to look into such reported needed repairs and/or maintenance and to report needed repairs and/or maintenance to the Public Works Department following established work order reporting procedures. The Director of the Public Works Department is responsible for ensuring the completion of repairs and/or maintenance either by departmental staff or contractor. In the event it is determined by the Public Works Department that any equipment or part of a facility is unsafe, it shall be taken out of operation or secured as inaccessible until such repairs and/or maintenance can be completed. The City will avoid incurring disproportionate risks in contractual agreements and all undertakings. In contractual relationships, the City will transfer to others, whenever possible, all risks of loss, unless otherwise directed by the City Council. The City will retain a risk with self-insurance or deductibles when it can be conveniently treated as a normal operating expense or when the potential loss is predictable enough to be budgeted for in a sound business manner. The guidelines established by City Council Policy 201, "Maintenance of Reserve Funds" will be followed. The administration of the City's Risk Management program is assigned to the Risk Manager reporting to the City Manager, or designee, and working with the City Attorney as necessary. Page 1 of 2 34 of 378 CITY COUNCIL POLICY CITY OF NATIONAL CITY Related Policy References City- Council Policy #201: "Maintenance of Reserve Funds" Municipal Cade, Chapter 600 Prior Policy Amendments None Page 2 of 2 35 of 378 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Risk Management Policy POLICY #1001 ADOPTED: October 23,1990 AMENDED: Purpose The City of National City recognizes the necessity to be protected against accidental loss which would significantly affect its personnel, property, finances or the ability of the City to fulfill its responsibility to the public. The City interprets its obligation in this area as requiring the highest possible concern for the safety of its employees and the public, combined with a concern that the appropriate protection be accorded City property to prevent financial loss. Policy The City will undertake to manage the risks ()floss facing the City, in terms of both human and financial resources utilizing the basic steps of the risk management function: risk identification and measurement, and the treatment techniques of avoidance, transfer, reduction or retention. Each City employee is responsible for his/her own safety and safe completion of assigned tasks according to recognized industrial standards and for bringing to the attention of their supervisor any needed repairs and/or maintenance of City facilities and equipment. Supervisors are obligated to look into such reported needed repairs and/or maintenance and to report needed repairs and/or maintenance to the Public Works Department following established work order reporting procedures. The Director of the Public Works Department is responsible for ensuring the completion of repairs and/or maintenance either by departmental staff or contractor. In the event it is determined by the Public Works Department that any equipment or part of a facility is unsafe, it shall be taken out of operation or secured as inaccessible until such repairs and/or maintenance can be completed. The City will avoid incurring disproportionate risks in contractual agreements and all undertakings. In contractual relationships, the City will transfer to others, whenever possible, all risks of loss, unless otherwise directed by the City Council. The City will retain a risk with self-insurance or deductibles when it can be conveniently treated as a normal operating expense or when the potential loss is predictable enough to be budgeted for in a sound business manner. The guidelines established by City Council Policy 201, "Maintenance of Reserve Funds" will be followed. The administration of the City's Risk Management program is assigned to the Risk Manager reporting to the City Manager, or designee, and working with the City Attorney as necessary. Page 1 of 2 36 of 378 CITY COUNCIL POLICY CITY OF NATIONAL CITY Related Policy References Council Policy 4201: "Maintenance of Reserve Funds" Municipal Code, Chapter 600 Prior Policy Amendments None Page 2 of 2 37 of 378 CC/CDC-HA Agenda 12/6/2016 — Page 38 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City adopting City Council Policy # 203, "Investments," for Fiscal Year 2017. (Finance) 38 of 378 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 6, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City adopting City Council Policy # 203, "Investments," for Fiscal Year 2017. PREPARED BY: Mark Roberts, Director of Finance DEPARTMENT: Finance PHONE: 619-336-4265 APPROVED BY• `V/77' ` a - EXPLANATION: City Council Policy # 203, "Investments," Section XII B requires that the City's investment policy be reviewed and adopted at least annually. Following review by staff and consultation of the City's investment advisor, Chandler Asset Management, no revisions are recommended at this time. FINANCIAL STATEMENT: APPROVED: `-0/ re Finance ACCOUNT NO. APPROVED: MIS NA ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution, adopting City Council Policy 203, "Investments." BOARD / COMMISSION RECOMMENDATION: NA ATTACHMENTS: 1. Investment Policy 2. Resolution 39 of 378 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: December 6, 2016 I. INTRODUCTION The City of National City's investment program will conform to federal, state, and other legal requirements, including California Government Code Sections 16429.1-16429.4, 53600-53609, and 53630-53686. The following investment policy addresses the methods, procedures, and practices which must be exercised to ensure effective and judicious fiscal and investment management of the City's funds. It is the policy of the City to invest public funds in a manner that will provide a market rate of return, given its requirements for preserving principal and meeting the daily cash flow demands of the City. All investments will comply with this Investment Policy and governing laws. This Investment Policy replaces any previous Investment Policy or Investment Procedures of the City. II. SCOPE This Investment Policy applies to all the City's financial assets and investment activities with the following exception(s): Proceeds of debt issuance shall be invested in accordance with the City's general investment philosophy as set forth in this policy; however, such proceeds are invested in accordance with permitted investment provisions of their specific bond indentures. Pooling of Funds: Except for cash in certain restricted and special funds, the City will consolidate cash and reserve balances from all funds to maximize investment earnings and to increase efficiencies with regard to investment pricing, safekeeping and administration. Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles. III. GENERAL OBJECTIVES The overriding objectives of the investment program are to preserve principal, provide sufficient liquidity, and manage investment risks. Pag,e 1 of 17 40 of 378 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: December 6, 2016 1. Safety: Safety of principal is the foremost objective of the investment program. Investments will be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to mitigate credit risk and interest rate risk. 2. Liquidity: The investment portfolio will remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. 3. Return: The investment portfolio will be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints for safety and liquidity needs. IV. PRUDENCE, INDEMNIFICATION, AND ETHICS A. Prudent Investor Standard: Management of the City's investments is governed by the Prudent Investor Standard as set forth in California Government Code Section 53600.3: "...all governing bodies of local agencies or persons authorized to make investment decisions on behalf of those local agencies investing public funds pursuant to this chapter are trustees and therefore fiduciaries subject to the prudent investor standard. When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the City, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the City. Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law." B. Indemnification: The Director of Finance or City Manager designee hereinafter designated as Financial Services Officer and other authorized persons responsible for managing City funds, acting in accordance with written procedures and the Investment Policy and exercising due diligence, will be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported within 30 days and appropriate action is taken to control adverse developments. C. Ethics: Officers and employees involved in the investment process will refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Page 2 of 17 41 of 378 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: December 6, 2016 V. DELEGATION OF AUTHORITY A. Authority to manage the City's investment program is derived from California Government Code Section 53600 et seq. The City Council is responsible for the City's cash management, including the administration of this Investment Policy. Management responsibility for the cash management of City funds is hereby delegated to the Director of Finance and/or Financial Service Officer. The Director of Finance and/or Financial Services Officer will be responsible for all transactions undertaken and will establish a system of procedures and controls to regulate the activities of subordinate employee. B. The City may engage the services of one or more external investment managers to assist in the management of the City's investment portfolio in a manner consistent with the City's objectives. Such external managers may be granted discretion to purchase and sell investment securities in accordance with this Investment Policy. Such managers must be registered under the Investment Advisers Act of 1940. VI. AUTHORIZED FINANCIAL INSTITUTIONS, DEPOSITORIES, AND BROKER/DEALERS A list will be maintained of financial institutions and depositories authorized to provide investment services. In addition, a list will be maintained of approved security broker/dealers selected by conducting a process of due diligence described in the investment procedures manual. These may include "primary" dealers or regional dealers that qualify under Securities and Exchange Commission (SEC) Rule 15C3-1 (uniform net capital rule). A. The City's Director of Finance and/or Financial Services Officer will determine which financial institutions are authorized to provide investment services to the City. Institutions eligible to transact investment business with the City include: 1. Primary government dealers as designated by the Federal Reserve Bank; 2. Nationally or state -chartered banks; 3. The Federal Reserve Bank; and 4. Direct issuers of securities eligible for purchase. B. Selection of financial institutions and broker/dealers authorized to engage in transactions with the City will be at the sole discretion of the City. Page 3 of 17 42 of 378 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: December 6, 2016 C. All financial institutions which desire to become qualified bidders for investment transactions (and which are not dealing only with the investment adviser) must supply the Director of Finance and/or Financial Services Officer with a statement certifying that the institution has reviewed California Government Code Section 53600 et seq. and the City's Investment Policy. D. Selection of broker/dealers used by an external investment adviser retained by the City will be at the sole discretion of the investment adviser. E. Public deposits will be made only in qualified public depositories as established by State law. Deposits will be insured by the Federal Deposit Insurance Corporation, or, to the extent the amount exceeds the insured maximum, will be collateralized in accordance with State law. VII. DELIVERY, SAFEKEEPING AND CUSTODY, AND COMPETITIVE TRANSACTIONS A. Delivery -versus -payment: Settlement of all investment transactions will be completed using standard delivery -vs. -payment procedures. B. Third -party safekeeping: To protect against potential losses by collapse of individual securities dealers, and to enhance access to securities, interest payments and maturity proceeds, all securities owned by the City will be held in safekeeping by a third party bank custodian, acting as agent for the City under the terms of a custody agreement executed by the bank and the City. C. Competitive transactions: All investment transactions will be conducted on a competitive basis which can be executed through a bidding process involving at least three separate brokers/financial institutions or through the use of a nationally recognized trading platform. VIII. AUTHORIZED AND SUITABLE INVESTMENTS All investments will be made in accordance with California Government Code Section 53600 et seq. and as described within this Investment Policy. Permitted investments under this policy will include: 1. Municipal Bonds. These include bonds of the City, the state of California, any other state, and any local Agency within the state of California. The bonds will be registered in the name of the City or held under a custodial agreement at a bank. The bonds shall be rated at the time of purchase within the 4 highest general classifications established by a rating Page 4 of 17 43 of 378 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: December 6, 2016 service of nationally recognized expertise in rating bonds of states and their political subdivisions. a. No more than 5% per issuer. b. No more than 30% of the total portfolio may be invested in municipal bonds. 2. US Treasury and other government obligations for which the full faith and credit of the United States are pledged for the payment of principal and interest. There are no limits on the dollar amount or percentage that the City may invest in US Treasuries. 3. Federal Agency or United States government -sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government -sponsored enterprises. There are no limits on the dollar amount or percentage that the City may invest in government -sponsored enterprises. 4. Banker's acceptances, provided that: a. They are issued by institutions with short term debt obligations rated "Al" or higher, or the equivalent, by at least two nationally recognized statistical -rating organization (NRSRO); and have long-term debt obligations which are rated "A" or higher by at least two nationally recognized statistical rating organization; b. The maturity does not exceed 180 days; and; c. No more than 40% of the total portfolio may be invested in banker's acceptances and no more than 5% per issuer. 5. Federally insured time deposits (Non-negotiable certificates of deposit) in state or federally chartered banks, savings and loans, or credit unions, provided that: a. The amount per institution is limited to the maximum covered under federal insurance; and; b. The maturity of such deposits does not exceed 5 years. Page 5of17 44 of 378 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: December 6, 2016 6. Certificate of Deposit Placement Service (CDARS) a. No more than 30% of the total portfolio maybe invested in a combination of certificates of deposit including CDARS. b. The maturity of CDARS deposits does not exceed 5 years. 7. Negotiable certificates of deposit (NCDs), provided that: a. They are issued by institutions which have long-term obligations which are rated "A" or higher by at least two nationally recognized statistical rating organizations; and/or have short term debt obligations rated "Al" or higher, or the equivalent, by at least two nationally recognized statistical rating organizations; b. The maturity does not exceed 5 years; and, c. No more than 30% of the total portfolio may be invested in NCDs and no more than 5% per issuer. 8. Commercial paper, provided that: a. The maturity does not exceed 270 days from the date of purchase; b. The issuer is a corporation organized and operating in the United States with assets in excess of $500 million; c. They are issued by institutions whose short term obligations are rated "Al" or higher, or the equivalent, by at least two nationally recognized statistical rating organization; and whose long-term obligations are rated "A" or higher by at least two nationally recognized statistical rating organization; and, d. No more than 25% of the portfolio is invested in commercial paper and no more than 5% per issuer. 9. State of California Local Agency Investment Fund (LAIF), provided that: a. The City may invest up to the maximum permitted amount in LAIF; and, b. LAIF's investments in instruments prohibited by or not specified in the City's policy do not exclude it from the City's list of allowable investments, provided that the fund's reports allow the Director of Finance or Financial Services Officer to adequately judge the risk inherent in LAIF's portfolio. Page 6 of 17 45 of 378 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: December 6, 2016 10. Local government investment pools. a. San Diego County Investment Pool 11. Corporate medium term notes (MTNs), provided that: a. Such notes have a maximum maturity of 5 years; b. Are issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States; c. Are rated "A" category or better by at least two nationally recognized statistical rating organization; and; d. Holdings of medium -term notes may not exceed 30% of the portfolio and no more than 5% per issuer. 12. Mortgage pass -through securities and asset -backed securities, provided that such securities: a. Have a maximum stated final maturity of 5 years; b. Be issued by an issuer having an "A" or higher rating for the issuer's debt as provided by at least two nationally recognized statistical rating organization; c. Be rated in a rating category of "AA" or its equivalent or better by at least two nationally recognized statistical rating organization. d. Purchase of securities authorized by this subdivision may not exceed 20% of the portfolio. 13. Money market mutual funds that are registered with the Securities and Exchange Commission under the Investment Company Act of 1940: a. Provided that such funds meet either of the following criteria: 1. Attained the highest ranking or the highest letter and numerical rating provided by not less than two nationally recognized statistical rating organizations; or; 2. Have retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years' experience investing in the securities and obligations authorized by California Government Page 7 of 17 46 of 378 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: December 6, 2016 Code Section 53601 (a through j) and with assets under management in excess of $500 million. b. Purchase of securities authorized by this subdivision may not exceed 20% of the portfolio. 14. Supranationals, provided that: a. Issues are US dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter -American Development Bank. b. The securities are rated "AA" or higher by a NRSRO. c. No more than 30% of the total portfolio may be invested in these securities. d. No more than 10% of the portfolio may be invested in any single issuer. e. The maximum maturity does not exceed five (5) years. IX. PORTFOLIO RISK MANAGEMENT A. The following are prohibited investment vehicles and practices: 1. State law notwithstanding, any investments not specifically described herein are prohibited, including, but not limited to futures and options. 2. In accordance with California Government Code Section 53601.6, investment in inverse floaters, range notes, or mortgage derived interest -only strips is prohibited. 3. Investment in any security that could result in a zero interest accrual if held to maturity is prohibited. 4. Trading securities for the sole purpose of speculating on the future direction of interest rates is prohibited. 5. Purchasing or selling securities on margin is prohibited. 6. The use of reverse repurchase agreements, securities lending or any other form of borrowing or leverage is prohibited. Page 8 of 17 47 of 378 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: December 6, 2016 7. The purchase of foreign currency denominated securities is prohibited. B. Mitigating credit risk in the portfolio Credit risk is the risk that a security or a portfolio will lose some or all of its value due to a real or perceived change in the ability of the issuer to repay its debt. The City will mitigate credit risk by adopting the following strategies: 1. The diversification requirements included in Section IX are designed to mitigate credit risk in the portfolio; 2. No more than 5% of the total portfolio may be invested in securities of any single issuer, other than the US Government, its agencies and enterprises; 3. The City may elect to sell a security prior to its maturity and record a capital gain or loss in order to improve the quality, liquidity, or yield of the portfolio in response to market conditions or the City's risk preferences; and, 4. If securities owned by the City are downgraded by either Moody's or S&P to a level below the quality required by this Investment Policy, it will be the City's policy to review the credit situation and make a determination as to whether to sell or retain such securities in the portfolio. a. If a security is downgraded, the Director of Finance and/or Financial Services Officer will use discretion in determining whether to sell or hold the security based on its current maturity, the economic outlook for the issuer, and other relevant factors. b. If a decision is made to retain a downgraded security in the portfolio, its presence in the portfolio will be monitored and reported monthly to the City Council. C. Mitigating market risk in the portfolio Market risk is the risk that the portfolio value will fluctuate due to changes in the general level of interest rates. The City recognizes that, over time, longer -term portfolios have the potential to achieve higher returns. On the other hand, longer -term portfolios have higher volatility of return. The City will mitigate market risk by providing adequate liquidity for short-term cash needs, and by making longer -term investments only with funds that are not needed for current cash flow purposes. The City further recognizes that certain types of securities, including variable rate securities, securities with principal paydowns prior to maturity, and securities with embedded options, will affect the market risk profile of the Page 9 of 17 48 of 378 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: December 6, 2016 portfolio differently in different interest rate environments. The City, therefore, adopts the following strategies to control and mitigate its exposure to market risk: 1. The City will maintain a minimum of three months of budgeted operating expenditures in short term investments to provide sufficient liquidity for expected disbursements; 2. The maximum percent of callable securities (does not include "make whole call" securities as defined in the Glossary) in the portfolio will be 20%; 3. The maximum stated final maturity of individual securities in the portfolio will be five years, except as otherwise stated in this policy; and; 4. The duration of the portfolio will at all times be approximately equal to the duration (typically plus or minus 20%) of a Market Benchmark Index selected by the City based on the City's investment objectives, constraints and risk tolerances. The City's current Benchmark will be documented in the investment procedures manual. X. INVESTMENT OBJECTIVES (PERFORMANCE STANDARDS AND EVALUATION) A. Overall objective: The investment portfolio will be designed with the overall objective of obtaining a total rate of return throughout economic cycles, commensurate with investment risk constraints and cash flow needs. B. Specific objective: The investment performance objective for the portfolio will be to earn a total rate of return over a market cycle which is approximately equal to the return on the Market Benchmark Index as described in the City's investment procedures manual. XI. PROCEDURES AND INTERNAL CONTROLS A. Procedures: The Director of Finance and/or Financial Services Officer will establish written investment policy procedures in a separate investment procedures manual to assist investment staff with day-to-day operations of the investment program consistent with this policy. Such procedures will include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Director of Finance and/or Financial Services Officer. B. Internal Controls: The Director of Finance and/or Financial Services Officer is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected from loss, theft, or misuse. The internal control structure will be Page 10 of 17 49 of 378 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: December 6, 2016 designed to provide reasonable assurance that these objectives are met. Internal controls will be described in the City's investment procedures manual. XII. REPORTING A. Monthly reports: In accordance with California Government Code Section 53646, a local agency treasurer who has been delegated authority to invest or reinvest funds of the local agency by the legislative body must submit a monthly report to the legislative body accounting for transactions made during the reporting period. B. Quarterly reports: Quarterly investment reports will be submitted by the Director of Finance and/or Financial Services Officer to the City Council, at an agendized meeting, consistent with the requirements contained in California Government Code Section 53646, including but not limited to the following information: 1. Type of investment 2. Name of issuer and/or financial institution 3. Date of purchase 4. Date of maturity 5. Current market value for all securities 6. Rate of interest 7. Purchase price of investment 8. Other data as required by the City C. Annual reports: The Investment Policy will be reviewed and adopted at least annually to ensure its consistency with the overall objectives of preservation of principal, liquidity, and return, and its relevance to current law and financial and economic trends. Related Policy References California Government Code Sections: 16429.1 — 16429.4, and 53600 — 53686 Investment Company Act of 1940 Investment Advisers Act of 1940 Securities and Exchange Commission Rule #15C3-1 Appendix I attached: "Authorized Personnel" Appendix II attached: "Glossary of Investment Terms" Page 11 of 17 50 of 378 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: December 6, 2016 Prior Policy Amendments December 15, 2015 December 16, 2014 December 10, 2013 January 10, 2012 Page 12 of 17 51 of 378 Appendix I Authorized Personnel The following positions are authorized to transact investment business and wire funds for investment purposes on behalf of the City of National City: City Manager Deputy City Manager Director of Finance Financial Services Officer Page 13 of 17 52 of 378 Appendix II GLOSSARY OF INVESTMENT TERMS Agencies. Shorthand market terminology for any obligation issued by a government - sponsored entity (GSE), or a federally related institution. Most obligations of GSEs are not guaranteed by the full faith and credit of the US government. Examples are: FDIC. The Federal Deposit Insurance Corporation provides insurance backed by the full faith and credit of the US government to certain bank deposits and debt obligations. FFCB. The Federal Farm Credit Bank System provides credit and liquidity in the agricultural industry. FFCB issues discount notes and bonds. FHLB. The Federal Horne Loan Bank provides credit and liquidity in the housing market. FHLB issues discount notes and bonds. FHLMC. Like FHLB, the Federal Home Loan Mortgage Corporation provides credit and liquidity in the housing market. FHLMC, also called "FreddieMac" issues discount notes, bonds and mortgage pass -through securities. FNMA. Like FHLB and FreddieMac, the Federal National Mortgage Association was established to provide credit and liquidity in the housing market. FNMA, also known as "FannieMae," issues discount notes, bonds and mortgage pass -through securities. GNMA. The Government National Mortgage Association, known as "GinnieMae," issues mortgage pass -through securities, which are guaranteed by the full faith and credit of the US Government. Page 14 of 17 PEFCO. The Private Export Funding Corporation assists exporters. Obligations of PEFCO are not guaranteed by the full faith and credit of the US government. TVA. The Tennessee Valley Authority provides flood control and power and promotes development in portions of the Tennessee, Ohio and Mississippi River valleys. TVA currently issues discount notes and bonds. Asked. The price at which a seller offers to sell a security. Average life. In mortgage -related investments, including CMOs, the average time to expected receipt of principal payments, weighted by the amount of principal expected. Banker's acceptance. A money market instrument created to facilitate international trade transactions. It is highly liquid and safe because the risk of the trade transaction is transferred to the bank which "accepts" the obligation to pay the investor. Benchmark. A comparison security or portfolio. A performance benchmark is a partial market index, which reflects the mix of securities allowed under a specific investment policy. Bid. The price at which a buyer offers to buy a security. Broker. A broker brings buyers and sellers together for a transaction for which the broker receives a commission. A broker does not sell securities from his own position. Callable. A callable security gives the issuer the option to call it from the investor prior to its maturity. The main cause of a call is a decline in interest rates. If interest rates decline since an issuer issues securities, it will likely call its current securities and reissue them at a lower rate of interest. Callable securities have reinvestment risk as the investor may receive its principal back when interest rates are lower than when the investment was initially made. Certificate of Deposit (CD). A time deposit with a specific maturity evidenced by a certificate. Large denomination CDs may be marketable. Page 14 of 17 53 of 378 Collateral. Securities or cash pledged by a borrower to secure repayment of a loan or repurchase agreement. Also, securities pledged by a financial institution to secure deposits of public monies. Collateralized Mortgage Obligations (CMO). Classes of bonds that redistribute the cash flows of mortgage securities (and whole loans) to create securities that have different levels of prepayment risk, as compared to the underlying mortgage securities. Commercial paper. The short-term unsecured debt of corporations. Cost yield. The annual income from an investment divided by the purchase cost. Because it does not give effect to premiums and discounts which may have been included in the purchase cost, it is an incomplete measure of return. Coupon. The rate of return at which interest is paid on a bond. Credit risk. The risk that principal and/or interest on an investment will not be paid in a timely manner due to changes in the condition of the issuer. Current yield. The annual income from an investment divided by the current market value. Since the mathematical calculation relies on the current market value rather than the investor's cost, current yield is unrelated to the actual return the investor will earn if the security is held to maturity. Dealer. A dealer acts as a principal in security transactions, selling securities from and buying securities for his own position. Debenture. A bond secured only by the general credit of the issuer. Delivery vs. payment (DVP). A securities industry procedure whereby payment for a security must be made at the time the security is delivered to the purchaser's agent. Derivative. Any security that has principal and/or interest payments which are subject to uncertainty (but not for reasons of default or credit risk) as to timing and/or amount, or any security which represents a component of another security which has been separated from other components ("Stripped" coupons and principal). A derivative is also defined as a financial instrument the value of which is totally or partially derived from the value of another instrument, interest rate or index. Discount. The difference between the par value of a bond and the cost of the bond, when the cost is below par. Some short-term securities, such as T-bills and banker's acceptances, are known as discount securities. They sell at a discount from par, and return the par value to the investor at maturity without additional interest. Other securities, which have fixed coupons trade at a discount when the coupon rate is lower than the current market rate for securities of that maturity and/or quality. Diversification. Dividing investment funds among a variety of investments to avoid excessive exposure to any one source of risk. Duration. The weighted average time to maturity of a bond where the weights are the present values of the future cash flows. Duration measures the price sensitivity of a bond to changes in interest rates. (See modified duration). Federal funds rate. The rate of interest charged by banks for short-term loans to other banks. The Federal Reserve Bank through open -market operations establishes it. Federal Open Market Committee: A committee of the Federal Reserve Board that establishes monetary policy and executes it through temporary and permanent changes to the supply of bank reserves. Haircut: The margin or difference between the actual market value of a security and the value assessed by the lending side of a transaction (i.e. a repo). Page 15 of 17 54 of 378 Leverage. Borrowing funds in order to invest in securities that have the potential to pay earnings at a rate higher than the cost of borrowing. Liquidity: The speed and ease with which an asset can be converted to cash. Make Whole Call. A type of call provision on a bond that allows the issuer to pay off the remaining debt early. Unlike a call option, with a make whole call provision, the issuer makes a lump sum payment that equals the net present value (NPV) of future coupon payments that will not be paid because of the call. With this type of call, an investor is compensated, or "made whole." Margin: The difference between the market value of a security and the loan a broker makes using that security as collateral. Market risk. The risk that the value of securities will fluctuate with changes in overall market conditions or interest rates. Market value. The price at which a security can be traded. Marking to market. The process of posting current market values for securities in a portfolio. Maturity. The final date upon which the principal of a security becomes due and payable. Medium term notes. Unsecured, investment -grade senior debt securities of major corporations which are sold in relatively small amounts either on a continuous or an intermittent basis. MTNs are highly flexible debt instruments that can be structured to respond to market opportunities or to investor preferences. Modified duration. The percent change in price for a 100 basis point change in yields. Modified duration is the best single measure of a portfolio's or security's exposure to market risk. Money market. The market in which short term debt instruments (T-bills, discount notes, commercial paper and banker's acceptances) are issued and traded. Mortgage pass -through securities. A securitized participation in the interest and principal cashflows from a specified pool of mortgages. Principal and interest payments made on the mortgages are passed through to the holder of the security. Mutual fund. An entity which pools the funds of investors and invests those funds in a set of securities which is specifically defined in the fund's prospectus. Mutual funds can be invested in various types of domestic and/or international stocks, bonds, and money market instruments, as set forth in the individual fund's prospectus. For most large, institutional investors, the costs associated with investing in mutual funds are higher than the investor can obtain through an individually managed portfolio. Premium. The difference between the par value of a bond and the cost of the bond, when the cost is above par. Prepayment speed. A measure of how quickly principal is repaid to investors in mortgage securities. Prepayment window. The time period over which principal repayments will be received on mortgage securities at a specified prepayment speed. Primary dealer. A financial institution (1) that is a trading counterparty with the Federal Reserve in its execution of market operations to carry out US monetary policy, and (2) that participates for statistical reporting purposes in compiling data on activity in the US Government securities market. Prudent person (man) rule. A standard of responsibility which applies to fiduciaries. In California, the rule is stated as "Investments shall be managed with the care, skill, prudence and diligence, under the circumstances then prevailing, that a prudent person, acting in a like capacity Page 16 of 17 55 of 378 and familiar with such matters, would use in the conduct of an enterprise of like character and with like aims to accomplish similar purposes." Realized yield. The change in value of the portfolio due to interest received and interest earned and realized gains and losses. It does not give effect to changes in market value on securities, which have not been sold from the portfolio. Regional dealer. A financial intermediary that buys and sells securities for the benefit of its customers without maintaining substantial inventories of securities, and that is not a primary dealer. Repurchase agreement (RP, Repo). Short term purchases of securities with a simultaneous agreement to sell the securities back at a higher price. From the seller's point of view, the same transaction is a reverse repurchase agreement. Safekeeping. A service to bank customers whereby securities are held by the bank in the customer's name. Short Term. Less than one (1) year's time. Structured note. A complex, fixed income instrument, which pays interest, based on a formula tied to other interest rates, commodities or indices. Examples include inverse floating rate notes which have coupons that increase when other interest rates are falling, and which fall when other interest rates are rising, and "dual index floaters," which pay interest based on the relationship between two other interest rates - for example, the yield on the ten-year Treasury note minus the Libor rate. Issuers of such notes lock in a reduced cost of borrowing by purchasing interest rate swap agreements. SUPRANATIONAL. A Supranational is a multi -national organization whereby member states transcend national boundaries or interests to share in the decision making to promote economic development in the member countries. Total rate of return. A measure of a portfolio' performance over time. It is the internal rate of return, which equates the beginning value of the portfolio with the ending value; it includes interest earnings, realized and unrealized gains, and losses in the portfolio. US Treasury obligations. Securities issued by the US Treasury and backed by the full faith and credit of the United States. Treasuries are considered to have no credit risk, and are the benchmark for interest rates on all other securities in the US and overseas. The Treasury issues both discounted securities and fixed coupon notes and bonds. Treasury bills. All securities issued with initial maturities of one year or less are issued as discounted instruments, and are called Treasury bills. The Treasury currently issues three- and six-month T-bills at regular weekly auctions. It also issues "cash management" bills as needed to smooth out cash flows. Treasury notes. All securities issued with initial maturities of two to ten years are called Treasury notes, and pay interest semi-annually. Treasury bonds. All securities issued with initial maturities greater than ten years are called Treasury bonds. Like Treasury notes, they pay interest semi-annually. Value. Principal plus accrued interest. Volatility. The rate at which security prices change with changes in general economic conditions or the general level of interest rates. Yield to Maturity. The annualized internal rate of return on an investment which equates the expected cash flows from the investment to its cost. Page 17 of 17 56 of 378 RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING CITY COUNCIL POLICY NO. 203 "INVESTMENTS" FOR FISCAL YEAR 2017. BE IT FURTHER RESOLVED by the City Council of the City of National City that Council Policy No. 203, entitled "Investments" has been reviewed by staff and City's investment advisor, Chandler Asset Management, and no revisions are recommended at this time. PASSED and ADOPTED this 6th day of December, 2016. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ron Morrison, Mayor 57 of 378 CC/CDC-HA Agenda 12/6/2016 — Page 58 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City waiving the bid process by piggybacking Western States Contracting Alliance (WSCA) contract MNWNC-122, and authorizing the purchase from Nimble Storage Inc. of Enterprise Storage for an amount no 58 of 378 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 06, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City waiving the bid process by piggybacking Western States Contracting Alliance (WSCA) contract MNWNC-122, and authorizing the purchase from Nimble Storage Inc. of Enterprise Storage for an amount not to exceed $154,075.70. PREPARED BY: Ron Williams PHONE: 619-336-4373 EXPLANATION: DEPARTMENT: Administrative Services APPROVED BY: The current Enterprise Storage System, Network Appliance (NetApp) is eight years old and approaching support End Of Life (EOL). As a result, software updates and spare parts will become increasingly difficult to obtain when hardware or software issues occur. These systems provide the storage platforms which run the City's essential information systems applications (Microsoft Exchange Email, Eden Financials, Vision Intranet, Questys Records Management, etc...). Upgrading the Enterprise Storage System would provide advanced virtualization technologies to support the latest innovations in Data Center Infrastructure management and disaster recovery. It is requested that Council waive the formal bidding requirements as allowed in Chapter 2.60.260 of the Municipal Code, and award the purchase to Nimble Storage Inc., for the following reasons: 1. Piggyback State of California Western States Contracting Alliance (WSCA) contract MNWNC-122 2. The price has been determined to be competitive within the industry. 3. No further purpose would be served by issuing a formarbid drthi _ point in the process. FINANCIAL STATEMENT: APPROVED: ril Finance ACCOUNT NO. 629-417-082-502-0000 APPROVED: '- MIS ENVIRONMENTAL REVIEW: This is not a project, therefore does not require environmental review ORDINANCE: INTRODUCTION: l J FINAL ADOPTION: I STAFF RECOMMENDATION: Staff recommends authorizing the purchase of the Enterprise Storage System from Nimble Storage Inc. BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Quote, Contract Information bV OTsii6 Nimble Storage 211 River Oaks Parkway San Jose, CA 95134 Tel: (408) 432-9600 Fax: (408) 899-5158 nimblestorace Quotation Date: 11/17/2016 Quote #: Q-226921-1 Terms: Net 30 Expires On: 12/20/2016 Acct. Exec: Nick Mirizzi Bill -To Address: Sold -To Address: Company: Address: City: State: Zip: Country: Company: City of National City Address: 1243 National City Blvd. City: National City State: CA Zip: 91950 Country: United States (US) AFA Part # Description Support Term (Months) List Price Discount Qty Net Unit Price Net Total Price AF1000-2P-23T-1 AF1000, 2x10GbaseT, ; Dual 10GbE Optical (Qty. 1 pair), , 24 x 960GB SSDs USD 170,500.00 54.25 1 USD 78,003.75 USD 78,003.75 SLA-4HR-AFA 4Hr Parts Del, SW Sup & InfoSight - AFA 12 USD 6,565.68 12.00 1 USD 5,777.80 USD 5,777.80 Total USD 83,781.55 ADFA Part # Description Support Term (Months) List Price Discount Qty Net Unit Price Net Total Price C1K-2P-42T-F CS1000 Base Array - dual controller, 2x10GbaseT (HDD/SSD not incl.), Dual 10GbE Optical only (Qty. 1 pair), 21 x 2TB HDD for base HEAD, 5760GB: 3 x 1920GB SSDs for base HEAD USD 120,500.00 55.25 1 USD 53,923.75 USD 53,923,75 SLA-4HR 4Hr Parts Del, SW Sup & InfoSight - NextGen Arrays 12 USD 4,939.68 12.00 1 USD 4,346.92 USD 4,346.92 Total USD 58,270.67 TOTAL: USD 142,052.22 Type List Price Discount Extended Price Hardware USD 291,000.00 54.66 USD 131,927.50 Support USD 11,505.36 12.00 USD 10,124.72 Services Page 1 of 2 USD 0.00 0.00 TOTAL: USD 0.00 USD 142,052.22 60 of 378 Per NASPO California Contract #7-15-70-34-012, Minnesota Master Agreement #MNWNC-122. INCLUDED SOFTWARE CAPABILITIES. InfoSight Predictive Analytics Inline variable block compression & zero block elimination Inline variable block deduplication (All Flash Array only) SmartSnap Efficient snapshots, SmartReplicate WAN efficient replication FIPS 140-2 certified SmartSecure application granular encryption, and data shredding Thin provisioning, Zero copy cloning Nimble Protection Manager Nimble Connection Manager Nimble installation services will not be provided if Pro -Install Array is not ordered. Terms & Conditions • The pricing in this Quotation is valid only for 30 days for the specific products and services set forth above • Prices do not include any shipping, sales or excise tax or custom duties. all of which will be separately charged, if any, to you. • The Nimble Storage General Terms and Conditions (the "Terms") which govern the Products and Services, are available at http:// www.nimblestorage.comldocs and are hereby incorporated into the Quotation by reference. You will be required to accept the Terms prior to any use of the Software (each as defined in the Terms). This Quotation and the Terms, collectively, the "Agreement" is made between Nimble Storage, Inc. ("Nimble") and the customer specified above ("Customer") as of the date of the last signature below ("Effective Date"). The Agreement constitutes the final, complete, and exclusive agreement between the parties regarding the subject hereof and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral. In the event Customer purchases Product and/or Services directly from Nimble Storage, the following additional terms and conditions apply: Delivery FCA Incoterms 2010 Product shipping origin location Customer shall pay within thirty (30) days of the date of invoice The Agreement is an offer to sell the Products to Customer. If the Agreement is provided in response to a purchase order, such purchase order is deemed a request for quotation or an invitation to offer only, and the Agreement is an offer to sell the Products ordered. Customer shall be deemed to have accepted the Agreement by written acknowledgment (including by issuance of a purchase order), by conduct or course of dealing, or by acceptance of or payment for the Products ordered. Any terms proposed by Customer, including any preprinted terms on purchase orders or any other documentation, that add to, vary from, are inconsistent with or conflict with the terms of the Agreement are hereby rejected and will not apply unless expressly agreed to in a writing signed by an officer of Nimble. This Agreement incorporates only those terms of Nimble -accepted purchase orders that relate to the prices or quantities of the Products. Nimble's failure to object to any term or condition contained in any communication from Customer shall not be deemed a waiver of the terms and conditions herein. • By signing below, the parties agree to all terms and conditions of the Agreement: [Nimble Storage Name of Licensee (Company) Signature of Authorized Individual Signature of Authorized Individual Name (Please Print) Title Date Name (Please Print) Title Date Page 2 of 2 61 of 378 PARTICIPATING ADDENDUM NASPO ValuePoint Cooperative Purchasing Program COMPUTER EQUIPMENT MASTER AGREEMENT Minnesota Master Agreement No.: MNWNC-122 California Participating Addendum No. 7-15-70-34-012 NIMBLE STORAGE, INC. (Contractor) This Participating Addendum Number 7-15-70-34-012 is entered into between the State of California, Department of General Services (hereafter referred to as "Staten or "DGS") and Nimble Storage, Inc. (hereafter referred to as "Contractor") under the NASPO ValuePoint Cooperative Purchasing Program Master Agreement Number MNWNC-122 ("Master Agreement") executed by the State of Minnesota. 1. Scope A. This Participating Addendum covers the purchase of Computer Equipment under the Master Agreement for the following product bands: Band 5 — Storage B. This Participating Addendum is available for use by Califomia political subdivisions/local governments (hereafter referred to as "Purchasing Entities"). A political subdivision/local government is defined as any city, county, city and county, district, or other local governmental body or corporation, including the California State Universities (CSU) and University of California (UC) systems, K-12 schools and community colleges empowered to expend public funds. C. Political subdivision/local government use of this Participating Addendum is optional. Each political subdivision/local government is to make its own determination whether this Participating Addendum and the Minnesota Master Agreement are consistent with its procurement policies and regulations. 2. Term A. The term of this Participating Addendum shall begin upon signature approval by the State and will end March 31, 2017, or upon termination by the State, whichever occurs first. B. Lead State amendments to extend the Master Agreement term date are automatically incorporated into this Participating Addendum unless terminated early in accordance with the terms and conditions of the Master Agreement or this Participating Addendum. Page 1 of 6 62 of 378 Participating Addendum No. 7-15-70-34-012 Nimble Storage, Inc. 3. Order of Precedence In the event of any inconsistency between the articles, attachments, or provisions which constitute this agreement, the following descending order of precedence shall apply: A. California Participating Addendum 7-15-70-34-012 B. Minnesota WSCA-NASPO Master Agreement MNWNC-122 4. Terms and Conditions The California General Provisions - Information Technology (GSPD401 IT), revised and effective 09/5/14, is hereby incorporated by reference and made a part of this Participating Addendum. The 12 page document is available at: http://www.documents.dgs.ca.gov/pd/poliproc/GSPD401 IT14_0905. pdf. 5. Price List Contractor shall maintain a website dedicated to this Participating Addendum which contains the Product and Service Scheduie (PSS) and designated base line price list for participating entities to verify product/service pricing and applicable discounts offered under the Master Agreement. 6. Partner Utilization A. Contractor may use Partners under this Participating Addendum for sales and service functions as defined herein. Each Purchasing Entity will determine whether use of Partners is consistent with its procurement policies and regulations. B. Contractor shall be responsible for successful performance and compliance with all requirements in accordance with the terms and conditions under this Participating Addendum, even if work is performed by Partners. C. Contractor will be the sole point of contact with regard to Participating Addendum contractual matters, reporting, and administrative fee requirements. D. Partners are classified as follows: 1) "Authorized Reseller" a. Authorized Resellers may provide quotes, accept purchase orders, fulfill purchase orders, perform maintenance/warranty services and accept payment from ordering agencies for products and associated services offered under this Participating Addendum. b. Authorized Resellers are responsible for sending a copy of all purchase orders and invoices to the Contractor for compliance with quarterly usage reporting and administrative fee requirements. c. All purchase documents to Authorized Resellers shall reference the Participating Addendum Number, d. If applicable, Authorized Reseller(s) under this Participating Addendum will be listed on the Contractor's dedicated website. Paget of 6 63 of 378 Participating Addendum No. 7-15.70-34-012 Nimble Storage, Inc. 2) uAgent" a, Agents are only authorized to provide quotes, sales assistance, configuration guidance and ordering support for products and associated services offered under this Participating Addendum. b. Agents are not authorized to accept orders or payments. c. If applicable, Agent(s) under this Participating Addendum will be listed on the Contractor's dedicated website. 7. Invoicing The Participating Addendum Number and Ordering Agency Purchase Order Number shall appear on each purchase order and invoice for all purchases placed under this Participating Addendum. 8. Usage Reporting A. Contractor shall submit usage reports on a quarterly basis to the State Contract Administrator for all California entity purchases using the WSCA-NASPO Detailed Sales report template. B. The report is due even when there is no activity. C. The report shall be an Excel spreadsheet transmitted electronically to the DGS mailbox at PDWSCA©dgs.ca.gov. D. Any report that does not follow the required format or that excludes information will be deemed Incomplete. Contractor will be responsible for submitting corrected reports within five business days of the date of written notification from the State. E. Tax must not be included in the report, even if it is on the purchase order. F. Reports are due for each quarter as follows. " Due Date ft. � n 1 JUL 1 to SEP 30 OCT 1 to DEC 31 JAN 1 to MAR 31 APR 1 to JUN 30 G. Failure to meet reporting requirements and submit the reports on a timely basis shall constitute grounds for suspension of this contract. Page 3 of 6 64 of 378 Participating Addendum No. 7-15-70-34-012 Nimble Storage, Inc. 9. Administrative Fee A. Contractor shall submit a check, payable to the State of California, remitted to the Department of General Services, Procurement Division for the calculated amount equal to one percent (0.01) of the sales for the quarterly period. B. Contractor must include the Participating Addendum Number on the check. Those checks submitted to the State without the Participating Addendum Number will be returned to Contractor for additional identifying information. C. Administrative fee checks shall be submitted to: State of California Department of General Services, Procurement Division Attention: Multiple Awards Program 707 3`d Street, 2nd Floor, MS 2-202 West Sacramento, CA 95605 D. The administrative fee shall not be included as an adjustment to Contractor's Master Agreement pricing. E. The administrative fee shall not be Invoiced or charged to the ordering agency. F. Payment of the administrative fee is due irrespective of payment status on orders or service contracts from a Purchasing Entity. G. Administrative fee checks are due for each quarter as follows; =si3e p oPbno:c JUL 1 to SEP 30 Due Date OCT 1 to DEC 31 JAN 1 to MAR 31 APR 1 to JUN 30 H. Failure to meet administrative fee requirements and submit fees on a timely basis shall constitute grounds for suspension of this contract. 10. Contract Management A. The primary contact individuals for this Participating Addendum shall be as follows: ontract :r,.. Name: • Mary A. Reuss Phone: (612) 849-2548 Fax: (408) 899-5158 E-Mail: Mary,reuss( nimblestorage.com Address: 211 River Oaks Parkway San Jose, CA 95134 Page 4 of 6 65 of 378 Participating Addendum No. 7-15-70-34-012 Nimble Storage, Inc. t to=Coll Name: `t'A Y i`nistr4fe Julie Matthews Phone: (916) 375-4612 Fax: (916) 375-4663 E-Mail: Julie.Matthews(cD_dgs.ca, iov Address: Department of General Services Procurement Division 707 Third Street, 2nd Floor, MS 2-202 West Sacramento, CA 95605 B. Should the contact information for either party change, the party will provide written notice with updated information no later than ten business days after the change. 11. Termination of Agreement The State may terminate this Participating Addendum at any time upon 30 days prior written notice to the Contractor. Upon termination or other expiration of this Participating Addendum, each party wlil assist the other party in orderly termination of the Participating Addendum and the transfer of all assets, tangible and intangible, as may facilitate the orderly, nondisrupted business continuation of each party. This provision shall not relieve the Contractor of the obligation to perform under any purchase order or other similar ordering document executed prior to the termination becoming effective. 12. Agreement A. This Participating Addendum and the Master Agreement together with its exhibits and/or amendments, set forth the entire agreement between the parties with respect to the subject matter of all previous communications, representations or agreements, whether oral or written, with respect to the subject matter hereof. Terms and conditions inconsistent with, contrary or in addition to the terms and conditions of this Participating Addendum and the Master Agreement, together with its exhibits and/or amendments, shall not be added to or incorporated into this Participating Addendum or the Master Agreement and its exhibits and/or amendments, by any subsequent purchase order or otherwise, and any such attempts to add or incorporate such terms and conditions are hereby rejected. The terms and conditions of this Participating Addendum and the Master Agreement and its exhibits and/or amendments shall prevail and govern in the case of any such inconsistent or additional terms, B. By signing below Contractor agrees to offer the same products/and or services as on the Master Agreement, at prices equal to or lower than the prices on that contract. Page 5of6 66 of 378 Participating Addendum No. 7-15-70-34-012 Nimble Storage, Inc. C. IN WITNESS WHEREOF, the parties have executed this Participating Addendum as of the date of execution by both parties below, Participating State: Contractor: STATE OF CALIFORNIA NIMBLE STORAGE, INC. By: C (Al. k✓C By: 1us'151. 6'tiurA_ Name: Jim Butler Name: Aparna Bawa Title: Deputy Director Title: VP, General Counsel Date: It(/14, Date; April 20, 2016 Page 6 of 6 67 of 378 CC/CDC-HA Agenda 12/6/2016 — Page 68 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the acceptance of the lowest, responsive, responsible bid, for the purchase of (2) 2017 Nissan Altimas SR, for the Police Department from Mossy Nissan of National City, in the amount 68 of 378 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 6, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the acceptance of the Lowest, responsive, responsible bid, for the purchase of (2) 2017 Nissan Altimas SR, for the Police Department from Mossy Nissan of National City, in the amount of $61,603.06. PREPARED BY: Debbie Lunt DEPARTMENT: Fjna e7 PHONE: 336-4582 APPROVED BY: EXPLANATION: Request for Bid GS1617-1 was issued for the purchase of (2) 2017 Nissan Altimas SR, or equal, for the Police Department. Bids were mailed to fifteen (15) vendors, netting two (2) responses. Bids were opened and publicly read on November 15, 2016, with no vendors present for the opening. The purpose of the vehicles are as follows: (2) 2017 Nissan Altima SR (Police) - Investigations Vehicle FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Funds are appropriated in account number 644-411-000-511-0000 - $51,603.06 ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution, accepting the bid and authorizing the purchase. BOARD 1 COMMISSION RECOMMENDATION: NIA ATTACHMENTS: 1. Resolution 2. Bid Abstract 69 of 378 GS1617-1 Nissan Altimas BID ABSTRACT/ANALYSIS 11/16/2016 SPEC #1 9% TIRE SUB PYMT TERMS TOTAL NOTES BIDDER: ALTIMA'S TAX FEE REBATE TOTAL (Bip: o AWARD AWARD Mossy Nissan National Ci $56,520.00 $5,086.80 $17.50 ($9,500.00) $52,124.30 ($521.24) $51,603.06 National City, CA 1 % Net 30 Mossy Nissan Poway $53,222.00 $4,789.98 $17.50 ($5,500.00) $52,529.48 1 $52,529.48 Quoted 2016 Poway, CA I Vehicle • Mossy Nissan El Cajon No Response EI Cajon, CA Buena Park Nissan No Response Buena Park, CA Costa Mesa Nissan No Response Costa Mesa, CA Imperio Nissan of San Juan Capistrano No Response San Juan Capistrano, CA Imperio Nissan of Garden Grove No Response Garden Grove, CA Imperio Nissan of Irvine No Response Irvine, CA Mossy Nissan Escondido No Response Escondido, CA Mossy Nissan Kearny Mesa No Response San Diego, CA Mossy Nissan Oceanside No Response Oceanside, CA Mossy Nissan Chula Vista No Response Chula Vista, CA Pacific Nissan No Response San Diego, CA Stadium Nissan No Response Orange, CA Tustin Nissan No Response Tustin, CA 70 of 378 CC/CDC-HA Agenda 12/6/2016 — Page 71 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the acceptance of the lowest, responsive, responsible bid, for the purchase of (1) 2017 Ford F250 SD Super Cab 148" XL, (1) 2017 Ford F250 SD Super Cab 164" XL with Service Body, and 71 of 378 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETII1IG DATE: December 6, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the acceptance of the lowest, responsive, responsible bid, for the purchase of (1) 2017 Ford F250 SD Super Cab 148" XL, (1) 2017 Ford F250 SD Super Cab 164" XL with Service Body, and (1) 2017 Ford F450 SD Super Cab 168" XL with Service Body for the Public Works Department from North County Ford of Vista, in the amount of $131.687.60. PREPARED BY: Debbie Lunt DEPARTMENT: ina d PHONE: 336-4582 EXPLANATION: APPROVED BY: Request for Bid #GS1617-2 was issued for the purchase of one (1) 2017 Ford F250 SD Super Cab 148" XL, (1) 2017 Ford F250 SD Super Cab 164" XL with Service Body, and (1) 2017 Ford F450 SD Super Cab 168" with Service Body, or equal, for the Public Works Department. Bids were mailed to eighteen (18) vendors, advertised in local newspaper and posted on City's website, netting one (1) response. Bids were opened and publicly read on November 15, 2016, with no vendors present for the opening. The purpose of the vehicle is as follows: (1) 2017 Ford F250 SD Super Cab 148 XL Truck (PW) — Streets (1) 2017 Ford F250 SD Super Cab 164 XL w/Service Body Truck (PW)— Facilities (1) 2017 Ford F450 SD Super Cab 168 XL w/Service Body Truck (PW) - Wastewater FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: MIS Funds are appropriated in account numbers: 644-416-221-511-0000 - $33,597.39; 644-416-222-511- 0000 - $54,875.99; and 644-416-223-511-0000 - $43,214.22 totaling $131,687.60 ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: ! FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution, accepting the bid and authorizing the purchase. BOARD I COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Resolution 2. Bid Abstract 72 of 378 GS1617-2 Ford Vehicles BID ABSTRACT/ANALYSIS 11/16/2016 FORD FORD F250 FORD F450 Sub TIRE PYMT TERMS BIDDER: F250 w/Svc Body w/Svc Body Total TAX OTHER TIRE • Total TOTAL NOTES North County Ford $31,579.00 $40,628.00 $51,598.00 $123,805.00 $11,142,45 $87 $29.75 $135,064.20 ($3,376.61) $131,687.60 AWARD Vista, CA 2.5%: Net 10 Penske Ford La Mesa $30,487.00 $40,392.00 $52,271.00 $123,150.00 $11,083.50 $168 $29.75 $134,431.25 Net 30 $134,431.25 La Mesa, CA David Wilson's Villa Ford No Response Orange, CA El Cajon Ford No Response El Cajon, CA Encinitas Ford No Response Encinitas, CA Folsom Lake Ford No Response Folsom, CA Ford of Escondido No Response Escondido, CA Fuller Ford No Response Chula Vista, CA Gosch Ford Temecula No Response Temecula, CA Kearny Pearson Ford No Response San Diego, CA Ken Grody Ford No Response Carlsbad, CA Miramar Ford Truck Sales No Response San Diego, CA Mossy Ford No Response San Diego, CA Perry Ford of National City No Response National City, CA Perry Ford No Response Poway, CA Raceway Ford No Response Riverside, CA Theo Robbins Ford No Response Costa Mesa, CA - --- Wondries Fleet Group No Response Alhambra, CA 73 of 378 CC/CDC-HA Agenda 12/6/2016 — 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 acceptance of the lowest, responsive, responsible bid, for the purchase of (1) 2016 Toyota Highlander XLE, for the Police Department from Toyota San Diego of San Diego, in the amo 74 of 378 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 6, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the acceptance of the lowest, responsive, responsible bid, for the purchase of (1) 2016 Toyota Highlander XLE, for the Police Department from Toyota San Diego of San Diego, in the amount of $38,563.45. PREPARED BY: Debbie Lunt DEPARTMENT: Financ, PHONE: 336-4582 APPROVED BY: EXPLANATION: Request for Bid #GS1617-3 was issued for the purchase of one (1) 2016 Toyota Highlander XLE, or equal, for the Police Department. Bids were mailed to eleven (11) vendors, netting one (1) response. Bids were opened and publicly read on November 15, 2016, with no vendors present for the opening. The purpose of the vehicles are as follows: (1) 2016 Toyota Highlander (Police) — Investigations Vehicle FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Funds are appropriated in account number 644-411-000-511-0000 - $38,563.45 ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: STAFF RECOMMENDATION: FINAL ADOPTION: Finance MIS Adopt the Resolution, accepting the bid and authorizing the purchase. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Resolution 2. Bid Abstract /5 of ;3/8 GS1617-3 Toyota Highlander BID ABSTRACT/ANALYSIS 11/16/2016 Highlander Other SUB Tax TIRE FEE Rebate PYMT TERMS TOTAL Toyota San Diego $35,330.00 $500.00 $35,830.00 $3,224.70 $8.75 ($500.00) Net 15 $38,563.45 AWARD San Diego, CA Frank Toyota Scion No Response National City, CA Bob Baker Toyota No Response Lemon Grove, CA DCH Toyota of Torrance No Response Torrance, CA Honest Honda & Toyota No Response Lemon Grove, CA Kearny Mesa Toyota Scion No Response San Diego, CA Toyota Carlsbad No Response Carlsbad, CA -- _ Toyota Chula Vista No Response Chula Vista, CA Toyota El Cajon No Response El Cajon, CA Toyota of Escondido No Response Escondido, CA Toyota of Poway No Response Poway, CA 76 of 378 CC/CDC-HA Agenda 12/6/2016 — Page 77 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 with Financial Credit Network, Inc. for collection services for a three-year term with two additional one-year options. (Finance) 77 of 378 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 6, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement with Financial Credit Network, Inc. for collection services for a three-year term with two additional one- year options. PREPARED BY: Mark Roberts, Director of Finance PHONE: 619-336-4265 EXPLANATION: See attached staff report. DEPARTMENT: Finance APPROVED BY: `G'v/<rhlc /Q: FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: ` /a ,ems Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution, authorizing the Mayor to execute the agreement with Financial Credit Network, Inc. for collection services for a three-year term with two additional one-year options. BOARD / COMMISSION RECOMMENDATION: NA ATTACHMENTS: 1. Staff Report 2. Financial Credit Network, Inc. Agreement 3. Resolution 78 of 378 + CALIFORNIA NATIONAL CITY ALAV INCORPORATED City Council Staff Report December 6, 2016 ITEM Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement with Financial Credit Network, Inc. ("FCN") for collection services for a three-year term with two additional one-year options. BACKGROUND Historically, collection of delinquent indebtedness owed to the City has been conducted internally, i.e., by City staff. However, due to limited staff resources and the lack of specialized computer software for locating delinquent account holders, collection of delinquent indebtedness often is not pursued beyond the sending of delinquent letters, resulting in many revenues due the City going uncollected. In order to improve the collection rate of revenues due to the City, staff issued a request for proposals ("RfP") for collection services seeking the services of a professional collection agency to which the City could forward its oldest outstanding delinquent accounts for collection. The RfP was issued on April 12, 2016. DELINQUENT ACCOUNTS OUTSTANDING The table below lists the current numbers, average balances, and (overall) totals of delinquent indebtedness owed to the City by category. Account Category Delinquent Accounts Average Account Balance Total Non -Sufficient Fund Checks 219 $ 144 $ 31,598 Admin Citations 91 331 30,146 False Alarms 19 1,458 27,704 Fire Inspection Fees 68 340 23,141 Permits 6 5,336 32,017 Miscellaneous Receivables 30 1,560 46,787 Library Fines 8,078 21 169,058 Library Damage Fees 34 24 3,235 Library Overdue Fees 2,912 4 12,811 Library Lost Materials 3,619 64 232,706 Total $ 609,202 79 of 378 Page 2 Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement with Financial Credit Network, Inc. ("FCN") for collection services for a three-year term with two additional one-year options. December 6, 2016 REQUEST FOR PROPOSALS PROCESS As noted above, an RfP for collection services was issued on April 12, 2016. The RfP was sent to several firms and was posted on the City's website and the California Society of Municipal Finance Officers (CSMFO) website. Responses to the RfP were due by 5:00 pm on May 3, 2016. The City received two (2) proposals in response to the RIP. The firms submitting proposals, listed in alphabetical order, are: Access Capital Services, Inc. Financial Credit Network, Inc. Staff evaluated and ranked the proposals of both firms, based upon the following factors: • relevant experience with similar programs; • demonstrated knowledge of the work/services required; • proposed methodology; and • cost of services. After reviewing and considering each proposal, staff selected FCN as the highest-ranking firm. FINANCIAL CREDIT NETWORK Financial Credit Network, Inc., a California corporation, was founded in 1954 to service the collection needs of clients throughout the State of California. Since then, FCN has grown to serve more than 600 clients nationally, 63 of which are public sector clients in California. RECOMMENDATION Staff recommends the City Council authorize the Mayor to execute the agreement with Financial Credit Network, Inc. for collection services for a three-year term with two additional one-year options. FISCAL IMPACT FCN'S collection fees will be based upon the type of delinquent account and amount collected, in accordance with the following schedule: Account Type Collection Fee Administrative citations 24% Business licenses 24% False alarm billing 24% Property damage 24% Returned checks 24% Miscellaneous receivables 24% Court action for primary placement 34% 80 of 378 Page 3 Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement with Financial Credit Network, Inc. ("FCN") for collection services for a three-year term with two additional one-year options. December 6, 2016 Transfer to an out -of -area collection agency 34% Franchise Tax Board finders' fee 8% Other account types same as above The City shall not incur any costs for collection services. All monies due shall be deducted from collections by FCN; however, the City shall be invoiced for all fees deducted. FCN's overall historical collection rate is 28%. Taking into account this success rate, FCN's fee schedule, and the current amounts and categories of delinquent indebtedness selected for referral, the estimated initial fiscal impact of the execution of this agreement will be (net) revenues of approximately $100,000. The estimated annual impact will be approximately $16,000. ATTACHMENTS Attachment 1 — Financial Credit Network, Inc. Agreement Attachment 2 — Resolution 81 of 378 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND FINANCIAL CREDIT NETWORK, INC. THIS AGREEMENT is entered into on this 6th day of December, 2016, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and FINANCIAL CREDIT NETWORK, INC., (the "CONSULTANT"), a California corporation. RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide collection services for delinquent accounts receivable for the City. WHEREAS, the CITY has determined that the CONSULTANT 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, 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 December 6, 2016. The duration of this Agreement is for the period of December 6, 2016 through June 30, 2019. This Agreement may be extended by mutual agreement upon the same terms and conditions for two (2) additional one (1) year terms. 3. SCOPE OF SERVICES. The CONSULTANT shall provide collection services for delinquent account receivables. The CONSULTANT will perform services as set forth in the attached Exhibit "A." The CONSULTANT shall not have full rights to accounts in that these accounts are due to the CITY. CONSULTANT shall be able to pursue collections, as permitted by applicable law, only on behalf of the CITY. CONSULTANT shall not have the authority to accept a compromise or settlement on any account without written consent of the Director of Finance, or designee. The CITY may establish parameters in which accounts may be setted by CONSULTANT on CITY's behalf. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings as specified in Exhibit "A" to keep staff and City Council advised of the progress on the Project. 82 of 378 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. The Director of Finance 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. Kris Davisson is hereby designated as the Project Director for the CONSULTANT. The City reserves the right to perform periodic audits to ensure all amounts collected are accurately r ported and remitted. The Director of Finance, or designee, shall_ be allowed access to CONSULTANT's debtor account information for the purpose of generating recovery analysis reports or auditing files at any time. 5. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT is contingent upon collection of moniesby the CONSULTANT, as permitted by law, and shall be based on charges covering actual work performed in accordance with the fee rates in the attached Exhibit "B." All monies due to the CONSULTANT shall be deducted from collections received by the CONSULTANT; and the CONSULTANT shall submit a monthly invoice to the City documenting amounts collected and fees deducted on all accounts. 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 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. 83 of 378 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, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees, except as 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. 84 of 378 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, including, but not limited to, the provisions of the federal Fair Debt Collection Practices Act and California's Rosenthal Fair Debt Collection Practices Act, 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 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. 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 4 85 of 378 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 performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers, employees, or volunteers. CITY will cooperate reasonably in the defense of any action, and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 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, 5 86 of 378 hold harmless the CITY and its officers, employees, and volunteers from and against all claims, anduv u 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. ® 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. 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 87 of 378 "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LEESLI 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, 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. 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 7 88 of 378 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: To CONSULTANT: Director of Finance City of National City 1243 National City Boulevard National City, CA 91950-4397 Kris Davisson, Vice President Financial Credit Network, Inc. 1300 West Main Street Visalia, CA 93292 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 89 of 378 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 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. 90 of 378 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, andcontainsthe agreement between the �..., entire ,,..� 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 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. 1N WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. [Signature Page to Follow-v] 10 91 of 378 CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney FINANCIAL CREDIT NETWORK, INC. (Corporation - signatures of two corporate officers required) By: (Name) 4//4'<)SiA-Ads-i-von, (Print) 77re (Title) VAAA bmd, By: (Name) �r �S b7. t (Print) (Title) 92 of 378 Exhibit A FINANCIAL CREDIT NETWORK, INC. SCOPE OF SERVICES A. General Services: Financial Credit Network, Inc. ("FCN") shall provide collection services for unpaid and delinquent accounts receivable for the City of National City ("City") which includes: 1. administrative citations; 2. code enforcement citations; 3. business licenses; 4. false alarm billing; 5. property damage; 6. returned checks; and 7. miscellaneous receivables. B. Specific. Services: FCN shall perform the following specific services: 1. Accept automated or manual transfers of delinquent accounts information from the City or City -authorized vendor's database (during which times FCN will work, at no additional cost, with the City, and City software, to ensure accurate and timely transmission of data); 2. Perform a minimum of two written or telephone contacts for each account within sixty (60) days of receipt of delinquent account information from the City; 3. Conduct skip tracing on delinquent accounts using tools provided by FCN; 4. Accrue interest on outstanding balances at a rate established by the City as authorized by the National City Municipal Code or by resolution of the City Council of the City of National City; 5. Provide consumer with multiple payment options; 6. Remit monies due to the City at least monthly, providing a detailed accounting of collections less City -owed fees with each remittance; 7. Report, in accordance with all applicable federal and California laws, all uncollected accounts pursued for collection by FCN for not less than 60 days to the major credit bureaus, except for types of accounts excluded from reporting by the National City Director of Finance ("Director"); 8. In accordance with the Fair Credit Reporting Act, remove account notifications from all affected bureaus at the request of the Director and provide a copy of the account notification removal letter or form submitted to each bureau to the Director; 9. Provide on -going training and education opportunities and provide updates to City staff on changes in state and federal laws related to credit and collections; Page 1 of 3 93 of 378 Exhibit A 10. Meet at least annually with the Director and other City staff to review and discuss all services and collection results; 11. Provide recommendations on how the City can reduce future bad debt; 12. Maintain accurate records of all correspondence, accounting records, banking records, and other relative evidence for each assigned account for at least seven (7) years after termination of the collection action and make said records available to the City for review upon request by the Director of Finance, or designee. C. Additional Collection Requirements: 1. The City reserves the right to withdraw a delinquent account from FCN at any time. In such cases, FCN shall cease all collection and/or legal activities related to the account. If an account is withdrawn prior to collection activity on the part of FCN, no fees shall be due. 2. The City requires FCN to exercise high ethical standards in its collection efforts. The FCN shall conduct its collection business in a professional manner and shall not use tactics which may be interpreted as harassment or as demeaning or that otherwise may reflect poorly on the City's image. The City prohibits any collection enforcement procedures not consistent with the City's requirements. 3. FCN shall make contacts with delinquent accountholders under FCN's name. 4. FCN shall instruct delinquent accountholders to submit payment to the collection agency. Any payments received by the City directly from accountholders will be forwarded to FCN for processing. FCN will be notified of any payment forwarded by the City. Funds received by FCN must be maintained in a trust fund until remitted to the City and the collection fee can be deducted at the time of remittance. D. Reporting Requirements: FCN shall provide the City with the following reports: 1. Monthly status report detailing all its collection activities for the previous month that shall include detailed accounting information, including: a. original placed value of debt; b. current value of debt; c. amount(s) and date(s) of all payment(s) received; d. interest charged; e. charges waived; f. balance due; 2. Invoices detailing collections received for the previous month, less all fees deducted (as set forth in Exhibit B) shall be sent to the City on a monthly basis. Page 2 of 3 94 of 378 Exhibit A 3. Period -to -date and fiscal year-to-date financial summary reports reflecting pertinent information, such as receipts, total accounts receivable, net accounts receivable, and collection percentage. 4. Annual report detailing the previous fiscal year's activities (July 1 through June 30), including detailed listings of the following: a. all accounts by type; b. all accounts closed in the past year by type; c. all activity by account in past year by account type; and d. summary of those reports mentioned in subsections 3(a)-3(c) 5. Ad hoe reports upon the City's request. 6. Detailed and summarized aging report, upon the City's request. E. Administrative Provisions: 1. FCN shall guarantee the confidentiality, security, and safety of all files, documents, computer files, etc. 2. FCN shall not subcontract work covered by this Exhibit A, or the Agreement between the City and FCN, without the prior written consent of the City. Page 3 of 3 95 of 378 Exhibit B FINANCIAL CREDIT NETWORK, INC. RATES TO PERFORM COLLECTION SERVICES Fees for collections services for delinquent accounts receivable forwarded by the City of National City ("City") to Financial Credit Network, Inc. ("FCN") are contingent upon collection on said delinquent accounts receivable. Fees will be deducted from collections in accordance with the following schedule: Description Contingency Fee Primary Placements for: 1. Administrative citations 24% 2. Business licenses 24% 3. False alarm billing 24% 4. Property damage 24% 5. Returned checks 24% 6. Miscellaneous receivables 24% Court action for primary placements for all account types (if required) 34% Transfer of account to an out -of -area agency for collection (forwarding) 34% Franchise Tax Board Intercept Program finder's fee 8% Future Primary Placements not enumerated in 1-6 in this Exhibit B 24% Future court action for Primary Placements not enumerated in 1-6 in this Exhibit B 34% The City shall not incur any costs for collection services. All monies due to FCN shall be deducted from collections by the Consultant; however, the City shall be invoiced for all fees deducted on a monthly basis. A detailed accounting of collections, less City -owed fees will accompany each remittance to the City. Additional fees may not be added to the principal amount of any debt to the City without prior written approval from the City. Notwithstanding approval by the City, additions must be in accordance with all applicable federal and state laws. Page 1 of 1 96 of 378 CC/CDC-HA Agenda 12/6/2016 — Page 97 The following page(s) contain the backup material for Agenda Item: Investment Report for the quarter ended September 30, 2016. (Finance) 97 of 378 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 6, 2016 AGENDA ITEM NO. ITEM TITLE: Investment Report for the quarter ended September 30, 2016. PREPARED BY: Ronald Gutlay PHONE: 819-336-4346 EXPLANATION: See attached staff report. DEPARTMENT: Financ9' APPROVED BY: (0 if FINANCIAL STATEMENT: APPROVED: �''� ' Finance ACCOUNT NO. APPROVED: MIS See attached staff report. ENVIRONMENTAL REVIEW: !This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: n FINAL ADOPTION: STAFF RECOMMENDATION: 'Accept and File the Investment Report for the Quarter ended September 30, 2016. BOARD I COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1, Staff Report 2. Investment Listings I98 of 378 -Fr- Op 00,1114 • 100-tt _ y4oloditierio City Council Staff Report December 6, 2016 ITEM Staff Report: Investment Report for the quarter ended September 30, 2016. BACKGROUND The California Government Code (§ 53646(b)) requires that, when the treasurer or the chief fiscal officer of a local agency renders to the legislative body of the agency a quarterly report on the agency's investment portfolio, such report shall include the following information regarding all securities, investments, and moneys held by the local agency: • type of investment; issuer (bank or institution); • date of maturity; • dollar amount invested; and • current market valuation as of the date of the report. In addition, the Government Code (§ 53646(b)(2)) requires that the report state the City's compliance with its investment policy and include a statement regarding the ability of the local agency to meet its pool's ability to meet its expenditure requirements Code (§ 53646(b)(3)). OVERVIEW OF CITY INVESTMENTS The City's pooled investment portfolio balance as of September 30, 2016 is summarized below and compared to the balance as of September 30, 2015. 9/30/2016 9/30/2015 Book Value 1 $ 58,686,526 $ 59,1556,053 Market Value 2 $ 58,910,780 $ 59,139,295 (1) actual cost of investments (2) amount at Mich the investments could be sold The California Treasurer's Local Agency Investment Fund ("LAIF") and The County of San Diego Pooled Money Fund comprise 61.45% of the City of National City's total investment portfolio (52.82% and 8.63%, respectively). These are liquid investment pools that allow participants to earn market rate returns, while retaining access to funds within 24 to 48 hours of a withdrawal request with no penalty. The remainder of the City's portfolio is composed of investments that may be liquidated at any time. However, these investments likely do not 99 of 378 Page 2 Staff Report: Investment Report for the quarter ended September 30, 2016. December 6, 2016 provide the short liquidity (i.e., quick access to funds) of the pooled money funds, and liquidation/withdrawal of these investments is at the risk of loss and/or penalty to the City. Summaries of the City's investment portfolio are illustrated below. INVESTMENT PORTFOLIO SUMMARY BY ISSUER/MANAGER As of September 30, 2016 Issuer/Manager Local Agency Investment Fund Chandler Asset Management County of San Diego Totals for September 2016 Total Market %of Book Value Market Value YTM Portfolio 31,054,831 $ 31,116,776 2 0.63% 52.82%W 22,541,845 $ 22,710,004 0.82% 38.55% 5,090,050 $ 5,084,000 0.98% 8.63% 58,686,526 58,910,780 10040% 1 includes accrued interest 2 calculated on 30/360 basis Chandler Asset Management $22.710,004 TOTAL MARKET VALUE $58,910.780 County of San Diego $5.084,000 Local Agency Investment Fund $31,116,776 100 of 378 Page 3 Staff Report: investment Report for the quarter ended September 30, 2016. December 6, 2016 INVESTMENT PERFORMANCE BY ISSUER/MANAGER For the Quarter Ended September 30, 2016 Total Market Valuer Is5uer1Mana er 6/30/16 Local Agency investment Fund Chandler Asset Management County of San Diego Totals for Se pte m bar 30, 2016 $ 38,627,341 22,716,895 5,082,000 $ 64,426,236 Period Yield 9130/16 Change Return (Net)' $ 31,116,776 $ (6,510,565) 2 0.15% 0.61% 22,710,004 $ (6,891) r -0.02% NA 5,084,000 S 2,000 0.22% 0.88% $ 58,910,780 5 (5,515,456) 0.35% 1.49% 1 includes accrued interest 2 Withdrawals 9/18/16 $1,800,000, 9/20/16 $750,000, 819f18 $1,000,000 & 8/25/16 $2,000,000 ' Annualized COMPLIANCE STATEMENT All of the City's investments are in compliance with the City's investment policy (City Council Policy No. 203) and the California Government Code (§ 53601 et seer). FINANCIAL STATEMENT Realized and unrealized gainsi(losscs) for the period, reflected below, were S85,061. These changes include changes in security market values, gain/(loss) from the sale of assets, accrued interest, and reinvested interest/earnings. Issuer/Manager Chandler Asset Management County of San Diego LAIF Gain/(Loss) 21,321 11,098 52,641 Totals for September 30, 2016 $ 85,060 The difference between the changes reflected in the previous two tables is attributable to the purchase and sale of securities for which the first of the tables accounts but the second table typically does not (unless an investment is sold before maturity), STAFF CERTIFICATION Staff certifies that there are sufficient funds to meet the pool's expenditure requirements. RECOMMENDATIONS Accept and file the Investment Report for the quarter ended September 30, 2016. 101 of 378 LAIF Regular Monthly Statement Page 1 of 1 Local Agency Investment Fund P,O, Box 942809 Sacramento, CA 94209-0001 (916} 653-3001 CITY OF NATIONAL CITY FINANCE DIRECTOR 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4397 PMIA Avciaee Mog fl 1y Yields Atonal Number: 98-37-576 Tran Type Definitions Effective Transaction Trim Confirm Date Date Type Number Authorized Caller Amount 9/6/2016 9/6/2016 RW 1513620 JAVIERCARCAMO-1,800,000.00 9/20/2016 9/20/2016 RW 1514553 JAVIERCARCAMO -750,000.00 Account Summary Total Deposit: 0.00 Beginning Balance: Total Withdrawal: -2,550,000.00 Ending Balance: ivirmtreasurer.¢aRovipmia-Iaif16it aso October 17, 2016 September 2016 Statement 33,604,631.15 31,054,631,15 https://laifms.treasurer.ca.govlRegularStatelr1 102 of 378 10/17/2016 LA1F Regular Monthly Statement Page 1 of 1 Local Agency Investment Fund P.O. BOX 942809 Sacramento, CA 94209-11001 (916) 653-3003 CITY OF NATIONAL CITY FINANCE DIRECTOR 1243 NATIONAL CITY 13LVD NATIONAL CITY, CA 91950-4397 Effective Transaction Tran Confirm Date Date Type Number 8/9/2016 8/9/2016 RW 1511581 8/25f2016 8/25/2016 RW 1512862 PMIA Averaet Morey Yields Account Number: 98-37-576 Trap Type Definitions Anthortzed Caller JAVIER CARCAMO JAVIER CARCAMO Amount -1,000,000.00 -2,000,000.00 www.treasurer,cLeov/umia-laifllaiLasu September 19, 2016 August. 2016 Statement Aceonnt Summary Total Deposit 0.00 Beginning Balance: 36,604,631.15 Total Withdrawal: -3,000,000.00 Ending Balance: 33,604,631.15 https://lai fms,treasurer.ca.gav/RegularStaten 103 of 378 9/19/2016 LAIF Regular Monthly Statement Page of 1 Local Agency Investment Fund P.O. Box 942309 Sacramento, (:A 94209-0001 (916) 653-3001 CITY OF NATIONAL CITY FINANCE DIRECTOR 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91450-4397 TWA Average Meal& Yields Account Number: 98-37-576 Tran Tvne Dctinitio!ts www.treasurer.ca.sav/i mia-laifilaif a2g August 23, 2016 July 2016 Statement Effective Trarsgetian Tran Confirm Date Date TFPe Number Authorized Caller Amount 7/15/2016 7/14/2016 QRD 1508458 SYSTEM 48,00823 Aceouat Summary Total Deposit: 48,008.23 Beginning Balance: 36,556,622.92 Total Withdrawal: 0.00 Ending Balance: 36,604,631.15 https://laifms.treasurer.ca,gov/RegularStaten{ 104 of 378 8/23/2016 CA% CI IANDL.F.R Monthly Account Statement City of National City September 1, 2016 through September 30, 2016 Chandler Team For questions about your account, please call (800) 317-4747 or Email operations@chandlerasset.com Custodian Bank of New York Mellon Lauren Dehner (904)645-1918 Information contained herein Is confidential We urge you to compare this statement to the one you receive from your qualified custodian. Prices are provided by IDC, an independent pricing source. City of National City Account #10162 Portfolio Summary As of 9/30/2016 PORTFOLIO CHARACTERISTICS ACCOUNT SUMMARY TOP ISSUERS Average Duration Average Coupon Average Purchase YTM Average Market YTM Average S&P/Moody Rating Average Final Maturity Average Life 1.70 1.11 % 1.10 % 0.82 % AA+/Aaa 1.74 yrs 1.73 yrs Market Value Accrued Interest Total Market Value Income Earned Cont1WD Par Book Value Cost Value Beg. Values End Values as of 8/31 /16 as of 9/30/16 22,606,923 22,647,133 74,858 62,871 22,681,781 22,710,004 22,426 21,321 0 22,518,582 22,549,879 22,573,671 22,541,845 22,573,671 22,541,845 Issuer % Portfolio Government of United States 29.0 % Federal National Mortgage Assoc 18.6 % Federal Home Loan Mortgage Corp 16.8 % Federal Home Loan Bank 15.1 % Federal Farm Credit Bank 8.7 % Intl Bank Recon and Development 2.0 % Berkshire Hathaway 1.3 % Apple Inc 1.2 % 92.6 MATURITY DISTRIBUTION CREDIT QUALITY (S&P) Us Corporate (9.8 %) Money Market Fund FI (0.1 %) US Treasury (29.0 %) Supranational (2.0 %) 40% 30% 20% 10% 8,7 % 6,4 % 0-.25 2e. 37.0 % 13.0% 26.6 % 11.6 % t - 2.3 :3 4 4. 5 5: Maturity (Yrs) AA (93_o %) PERFORMANCE REVIEW Total Rate of Return As of 9/30/201$ Current Month Latest Year 3 Months To Date 1 Yr Annualized 3 Yrs Since 5 Yrs 10 Yrs 2/29/2012 2/29/2012 City of National City 0.12 % -0.02 % 1.52% 1.13 % 0.95 % N/A N/A 0.79 % 3.67% BAML 1-3 Yr US Treasury/Agency Index 0.12 % -0.09 % 1.33 % 0.89% 0.86 % N/A N/A 0.73 % 3.39 % Chandler Asset Management . CONFIDENTIAL 106 of 378 Execution Time; 10/3/2018 7;00:34 PM City of National City September 30, 2016 COMPLIANCE WITH INVESTMENT POLICY Assets managed by Chandler Asset Management are in full compliance with State law and with the City's investment policy. Category Standard Comment Municipal Securities BBB rated equivalent by a NRSRO or 4th highest general classification by a NRSRO; 30% maximum Complies Treasury Issues No Limitation Complies Agency Issues No Limitation Complies Supranationals "AA" rated or higher by a NRSRO; 30% maximum; U.S. dollar denominated; issued by: IBRD, IFC, IADB Complies Banker's Acceptances "A-1" rated or higher by at least two NRSROs; and "A" rated long term debt by two NRSROs; 40% maximum; 180 days max maturity; Complies Commercial Paper* "A-1" rated or higher by at least two NRSROs; and "A" rated long term debt by two NRSROs; 25% maximum; 270 days max maturi i Complies FDIC insured Time Deposits/ Certificates of Deposit Amount per institution limited to the max covered under FDIC; 30% maximum combined certificates of deposit including CDARS Complies Negotiable Certificates of Deposit* "A" rated or higher by at least two NRSROs; and/or have short term debt rated "A1" or higher by at least two NRSROs; 30% maximum Complies Medium Term Notes* "A" rated or better by at least two NRSROs; 30% maximum; Issued by corporations organized and operating within the U.S. Complies *Combined exposure 10% combined total exposure to Commercial Paper, Negotiable: Certificates of Deposit, and Medium Term Notes Complies Money Market Mutual Funds AAA rated or equivalent by at least two NRSROs; 20% maximum; SEC registered with assets under management in excess of $500 million Complies Mortgage Pass-throughs, CMOs and Asset Backed Securities "AA" rated or better by two NRSROS; "A" rated or higher for the issuer's debt by two NRSROs; 20% maximum Complies Local Agency Investment Fund - L_A.I.F. maximum LAIF program; Currently not used by investment adviser Complies Prohibited Securities Inverse floaters; Ranges notes; Interest -only strips from mortgaged backed securities; Zero interest accrual securities; Reverse Repurchase Agreements; Foreign currency denominated sec Complies Callable Securities 20% maximum (does not include "make whole call" securities) Complies Maximum Issuer 5% max (except US Government, its agencies and enterprises) Complies Maximum maturity 5 years Complies 107 of 378 rialkCity National City t-Ai Account #10182 Income Earned 8/31/16 Thru 9/30/16 CUSIP Security Description Tracts Date Book Value: Begin Prior Accrued Accr Of Discount Bettie Date Boost Yakui. Acrt int. Received I meri Of Premium Units Book Valve: Disp Ending Accrued Net Accrct/Arnort (took. .' Value: End Total Interest Income ♦ arneal Unreal Gf. Total Income FixedIncome 037833AQ3 Apple Inc Note 2.1% Due 05/06/2019 05/04/2016 05/09/2016 270,000.00 276,928.20 0.00 0.00 276,928.20 1,811.25 0.00 2,283.75 472.50 0.00 0.00 0.00 472.50 0.00 472,50 084670309 Berkshire Hathaway Note 1.9% Due 01/31/2017 291,429.60 466.29 0.00 06/17/2014 0.00 0.00 0,00 06/20/2014 0.00 917.54 0.00 0.00 285,000.00 291,429.60 451.25 451.25 451.25 166764AA8 Chevron Corp Callable Note Cunt 11/5/17 1.104% Due 12/05/2017 259,703.60 685.71 0.00 05/19/2014 0.00 0.00 0.00 05/22/2014 0.00 924.91 0.00 0.00 260,000.00 259,703.60 239.20 239.20 239.20 3130A4GJ5 FHLB Note 1.125% Due 04/25/201a 451,689.00 1,771.88 0.00 Various 0.00 0.00 0.00 Various 0,00 2,193.75 0.00 0.00 450,000.00 451,689.00 421.87 421.87 421.87 3130A8PK3 FHLB Note 0.625% Due 08/07/2018 452,684.05 189.58 0.00 08/30/2016 0.00 0.00 0.00 08/31/2016 0,00 426.56 0.00 455,000.00 452,684.05 236.98 236.98 0.00 236.98 31331V3Z7 FFCB Note Due 09/15/2016 430,134.25 8,751.89 0.00 06/22/2012 0.00 9,490.00 0.00 06/25/2012 430,134.25 0.00 0.00 0.00 0.00 0.00 738.11 738.11 738.11 313371PV2 FHLB Note 1.625% Due 12/09/2016 02/29/2012 03/01/2012 480,000.00 494,668.80 0.00 0.00 494,668.80 1,776.67 0.00 2,426.67 650.00 0.00 0.00 0.00 650.00 0.00 650.00 3133782M2 FHLB Note 1.5% Due 03/08/2019 443,207.60 3,171.67 0.00 05/28/2015 0.00 3,300.00 0.00 05/29/2015 0.00 421.67 0.0C 0.00 440,000.00 443,207.60 550.00 550,0C 550.00 313378A43 FHLB Note 1.375% Due 03/09/2018 464,472.80 3,087.64 0.00 09/17/2013 0.00 3,231.25 C.00 09/18/2013 0.00 394.93 0.00 470,000.00 464,472.80 538.54 538.54 0.00 538.54 313379DD8 FHLB Note 1% Due 06/21/2017 566,553.75 1,098.61 0.00 03/14/2014 0.00 0.00 0.00 03/17/2014 0.00 1,569.44 0.00 565,000.00 566,553.75 470.83 470.83 0.00 470.83 Chandler Asaet Management - CONFIDENTIAL 108 of 378 Execution Time: 10/3/2018 7:00:34 PM akAccount #10162 City of National City Income Earned 8/31/16 Thru 9/30/16 CL SW Security Description Trade Date Book Value: Bejrrr tiler Accrued Acer. Of Discount Settle Date BoQTt Value. At In;c. Received AFnort. C€ Preirriunl 4lnits BookV'alue Disp Encliru{Accrued NetAccre#,rAmort Boost Value End Total interest Interne Earned LinrnGA. 'Nth! Ineornc. 313380FB8 FHLB Note 1.375% Due 09/13/2019 Various various 540,000.00 536,816.60 0.00 0.00 536,816.60 3,465.00 3,712.50 371.25 618.75 0.00 0.00 0,00 618.75 0.00 618.75 3133EEJ50 FFCB Note 1.03% Due 05/11/2018 05/05/2015 05/11/2015 450,000.00 449,145.00 0.00 0.00 449,145.00 1,416.25 0.00 1,802.50 386.25 0.00 0.00 0.00 386.25 0.00 386.25 3133EFAN7 FFCB Note 0.75% Due 04/24/2017 551,045.00 1,455.21 0.00 09/23/2015 0.00 0.00 0.00 09/24/2015 0.00 1,798.96 0.00 550,000.00 551,045.00 343,75 343.75 0.00 343.75 3133EFSJ7 FFCB Note 1.3% Due 12/14/2018 549,279.50 1,529.31 0.00 12/10/2015 0.00 0.00 0-00 12/14/2015 0.00 2,125.14 0.00 550,000.00 549,279.50 595.83 595.83 0.00 595.83 3133EFW52 FFCB Note 1.15% Due 07/01/2019 401,956.00 766.67 0.00 04/08/2016 0.00 0.00 0.00 04/11/2016 0.00 1,150.00 0.00 400,000,00 401,956,00 383.33 383.33 0.00 383.33 3135G0D75 FNMA Note 1.5% Due 06/22/2020 568,778.50 1,653.13 0,00 12/17/2015 0.00 0.00 0.00 12/21/2015 0.00 2,371,88 0.00 0.00 575,000.00 568,778.50 718,75 718.75 718.75 3135G0E33 FNMA Note 1.125% Due 07/20/2018 449,689.56 573.56 0.00 Various 0.00 0.00 0.00 Various 0.00 998.44 0.00 0.00 450,000.00 449,689.56 421.88 421.88 421.88 3135G0E58 FNMA Note 1.125% Due 10/19/2018 0.00 0.00 0.00 09/14/2016 397,010.55 (1,802.19) 0.00 09/15/2016 0.00 1,999.69 0.00 395,000.00 397,010,55 197.50 197.50 0-00 197.50 3135G0GY3 FNMA Note 1.25% Due 01/30/2017 409,328.00 430.56 0.00 09/17/2012 0.00 0.00 0.00 09/18/2012 0.00 $47.22 0.00 400,000.00 409,328.00 416.66 416.66 0.00 416,66 3135G0MZ3 FNMA Note 0,875% Due 08/28/2017 535,429.80 39.74 0.00 08/15/2013 0.00 0.00 0.00 08/20/2013 0.00 437.14 0.00 545,000.00 535,429.80 397.40 397.40 0.00 397,40 3135G0RT2 FNMA Note 0.875% Due 12/20/2017 350,044.80 603.99 0.00 07/31/2015 0.00 0-00 0.00 07/31/2015 0.00 859.20 0.00 350,000.00 350,044.80 255.21 255.21 0.00 255.21 Chandler Aaaet Management - CONFIDENTIAL 109 of 378 Execution Time: 10/3.12010 7:00:34 PM 1 Cltyccounof Nt #10ation162al City An A Income Earned 8/31/16 Thru 9/30/16 Ct/SIP SGurlty Descrlptian Trade Date Settle Daly Units. Book Value: Begin Book VoIa'e: Acq Book Value: pisp Book Value! Enid Prior Accrued Inc_ Recehred Ending Accrued TataF Interest Acct. 01 Discount Amort: at Firm -mum Net Accret/Mii rt Jrncarrke Earned Unreal G/L Total Income 3135G0TG8 FNMA Note 0.875% Due 02/08/2018 12/11/2013 12/12/2013 590,000.00 579,757.60 V.UV 0.00 579,757.60 329.83 u.uo 760.03 430.20 0.00 0.00 0.00 430.20 0.00 430.20 3135G0WJ8 FNMA Note 0.875% Due 05/21/2018 447,472.80 05/05/2015 0.00 05/06/2015 0.00 450,000.00 447,472.80 1,093.75 0.00 1,421.88 328.13 0.00 0.00 0.00 728.13 0.00 328.13 3135G0YT4 FNMA Note 1.625% Due 11/27/2018 446,141.96 1,866.94 0.00 08/31/2015 0.00 0.00 0.00 08/31/2015 0.00 2,462.78 0.00 440,000.00 446,141.96 595.84 595.84 0.00 595,84 3137EADCO FHLMC Note 1% Due 03/08/2017 538,386.55 2,570.97 0.00 08/20/2012 0.00 2,675.00 0.00 08/21/2012 0.00 341.81 0.00 535,000.00 538,386.55 445.84 445.84 0.00 445.84 3137EADK2 FHLMC Note 1.25% Due 08/01/2019 446,149.35 468.75 0.00 05/05/2015 0.00 0.00 0.00 05/06/2015 0.00 937.50 0.00 0.00 450,000.00 446,149.35 468.75 468.75 468.75 3137EADLO FHLMC Note 1% Due 09/29/2017 527,709,00 2,210,67 0,00 09/23/2015 0.0D 2,625.00 0.00 09/24/2015 0.00 29.17 0.00 0.00 525,000.00 527,709.00 437.50 437.50 437.50 3137EADM8 FHLMC Note 1.25% Due 10/02/2019 05/05/2015 05/06/2015 450,000.00 444,822.75 0.00 0.00 444,822.75 2,328.13 0.00 2,795.88 468.75 0.00 0.00 0.00 466.76 0.00 468.75 3137EADN6 FHLMC Note 0.75% Due 01/12/2018 480,954.59 500.21 0.00 07/28/2014 0.00 0.00 0.00 07/29/2014 0.00 806.46 0.00 490,000.00 480,954.59 306.25 306.25 0.00 306.25 3137EADP1 FHLMC Note 0.875% Due 03/07/2018 397,552.00 02/26/2015 0.00 02/27/2015 0.00 400,000.00 397,552.00 1,691.67 1,750.00 233.33 291.66 0.00 0.00 0.00 291.66 0.00 291.66 3137EADR7 FHLMC Note 1.375% Due 05/01/2020 460,332.60 08/24/2016 u.uu 08/25/2016 0.00 455,000.00 460,332.60 2,085.42 u.uu 2,606.77 521.35 0.00 u.0u 0.00 521.35 0.00 521.35 3137EADS5 FHLMC Note 0.875% Due 10/14/2016 11/14/2013 11/15/2013 480,000.00 483,316.80 0.00 0.00 483,316.80 1,598.33 0.00 1,948.33 350.00 0.00 0.00 0.00 350.00 0.00 350.00 Chandler Asset Management - CONFIDENTIAL 110 of 378 Execution Time: 10/3/2016 7:00'34 PM „callaAcCitycouu nt National#1ii162 City Income Earned 6/31/16 Thru 9/30/16 CUS1P Security description Trade Elate ant* Value; Begin Prrar Accrued Accr Of Disc#unt Stith Date Book Value: Acq I'nc- Received Amart. Ot Premium Wilts Book Value: 'Crisp Endang Accrued Not AccretiArnart Book Valuo; End Tama IrrIrtriist InCorna Eatrner1 Unreal GiL total locum 36982G8K5 General Electric Capital Corp Note 1.6% Due 11/20/2017 11/24/2014 11/28/2014 270,000.00 272,208.60 0.00 0.00 272,208.50 1,212.00 0.00 1,572.00 350.00 0.00 0.00 0.00 360.00 0.00 360.00 459058ER0 Intl. Bank Recon & Development Note 1% Due 10/05/2018 03/30/2016 03/31/2016 450,000.00 449,667.00 0.00 0.00 449,667.00 1,825.00 0.00 2,200.00 375.00 0.00 0.00 0.00 375.00 0.00 375.00 594918BF0 Microsoft Note 1.3% Due 11/03/2018 129,870.00 553.94 0.00 10/29/2015 0.00 0.00 0.00 11/03/2015 0-00 694.78 0.00 130,000.00 129,870.00 140.84 140.84 0.00 140.84 747525AG8 Qualcomm Inc Note 1.4% Due 05/18/2018 219,205.80 864.11 0.00 06/16/2015 0.00 0.00 0.00 06/19/2015 0.00 1,120.78 0.00 220,000.00 219,205.80 256.67 256.67 0.00 256.67 808513AK1 Charles Schwab Corp Callable Note Cont 2/10/2018 1.5% Due 03/10/2018 251,547.50 1,781.25 0.00 04/07/2015 0.00 1,875.00 0.00 04/10/2015 0.00 218.75 0.00 250,000.00 251,547.50 312.50 312.50 0.00 312.50 91159HHD5 US Bancorp Callable Note Cont 4/15/2017 1.65% Due 05/15/2017 254,227.50 1,214.58 0.00 05/19/2014 0.00 0.00 0.00 05/22/2014 0.00 1,558.33 0.00 250,000.00 254,227.50 343.75 343.75 0.00 343.75 912828L32 US Treasury Note 1.375% Due 08/31/2020 242,475.80 9.12 0.00 08/30/2016 0.00 0.00 0.00 08/31/2016 0.00 282.60 0.00 240,000.00 242,475.80 273.48 273.48 0.00 273.48 912828L40 US Treasury Note 1% Due 09/15/2018 10/29/2015 11/02/2015 450,000.00 449,667.52 0.00 0.00 449,667.52 2,078.80 2,250.00 198.90 370.10 0.00 0.00 0.00 370.10 0.00 390.10 912828RU6 US Treasury Note 0.875% Due 11/30/2016 536,151.21 1,189.50 0.00 01/28/2016 0.00 0.00 0.00 01/29/2016 0.00 1,573.21 0.00 535,000.00 536,151.21 383.71 383.71 0.00 383.71 912828S43 US Treasury Note 0.75% Due 07/15/2019 434,780.56 425.54 0.00 08/01/2016 0.00 0.00 0.00 08/02/2016 0.00 691.51 0.00 435,000.00 434,780.56 263.97 265.97 0.00 265.97 912828SD3 US Treasury Note 1.25% Due 01/31/2019 401,095.09 434.78 0.00 04/29/2015 0.00 0.00 0.00 04/30/2015 0.00 842.39 0,00 400,000.00 401,095.09 407.61 407.61 0.00 407.61 Chandler Asset Management - CONFIDENTIAL 111 of 378 Execution Time: 10/3/2016 7:00:34 PM il! City National City Account #10162 Income Earned 8/31/16 Thru 9/30/16 CUSP security Description ir:ads 1.1atrr Beck Valrirr 011919 Prior Accrtatrd ACCr. Of Discolmt Soule Date Boot. Vofue: ACq Inc. RtiCeavUc/ Amrirt, Of Prernaurn Units Book V4tue: f/Ir«fa Enilarlt3 Accrued Net AceretUArraart Book Vafuiw End Total Interest 1111ccrno Earrtod Urtraol GIL Tela1 Iirrceme 912828ST8 US Treasury Note 1.25% Due 04/30/2019 Various Various 450,000.00 449,676.31 0.00 0.00 449,676.31 1,895.38 0.00 2,350.94 458.56 0.00 0.00 0.00 458.56 0.00 458.56 912828SY7 US Treasury Note 0.625% Due 05/31/2017 03/14/2014 03/17/2014 500,000.00 496,290.74 0.00 0.00 496,290, 74 794.06 0.00 1,050.20 256.14 0.00 0.00 0.00 256.14 0.00 256.14 912828TH3 US Treasury Note 0.875% Due 07/31/2019 03/30/2016 03/31/2016 400,000.00 398,204.46 0.00 0.00 398,204.46 304.35 0.00 589.67 285.32 0.00 0.00 0.00 285.32 0.00 285.32 912828TW0 US Treasury Note 0.75% Due 10/31/2017 500,138.39 1,263.59 0.00 02/16/2016 0.00 0.00 0.00 02/17/2016 0.00 1,560.29 0.00 500,000.00 500,138.39 305.70 305.70 0.00 305.70 912828UB4 US Treasury Note 1% Due 11/30/2019 443,181.20 1,143.44 0.00 10/29/2015 0.00 0.00 0.00 11/02/2015 0.00 1,512.30 0.00 450,000.00 443,181.20 368.86 368.86 0.00 368.86 912828UU2 US Treasury Nate 0.75% Due 03/31/2018 510,637.68 1,640.98 0.00 09/03/2014 0.00 1,950.00 0.00 09/04/2014 0.00 10.71 0.00 0.00 520,000.00 510,637.68 319.73 319.73 319.73 912828UV0 US Treasury Note 1.125% Due 03/31/2020 398,423.22 1,893.44 0,00 05/25/2016 0.00 2,250.00 0.00 05/27/2016 0.00 12.36 0.00 400,000.00 398,423.22 368.92 388.92 0.00 368.92 912828UZ1 US Treasury Note 0.625% Due 04/30/2018 411,180.30 87:3.98 0.00 Various 0.00 0.00 0.00 Various 0.00 1,065.43 0.00 415,000.00 411,180.30 211.45 211.45 0.00 211.45 912828VK3 US Treasury Note 1.375% Due 06/30/2018 02/26/2015 02/27/2015 400,000.00 402,954.47 0.00 0.00 402,954.47 941.58 0.00 1,383.95 448.37 0.00 0.00 0.00 448.37 0.00 448.37 912828XK1 US Treasury Note 0.875% Due 07/15/2018 448,560.10 513.59 0.00 07/31/2015 0.00 0.00 0.00 07/31/2015 0.00 834.58 0.00 450,000.00 448,560.10 320.99 320.99 0.00 320.99 949748FG0 Wells Fargo Corp Note 1.5% Due 01/16/2018 11/24/2014 11/28/2014 270,000.00 269,365.50 0.00 0.00 269,365.50 506.25 0.00 843.75 337.50 0.00 0.00 0.00 337.50 0.00 337.50 Chandler Asset Management - CONFIDENTIAL 112 of 378 Execution Time: 10/3/2018 7:00;34 PM l City of National City r I Account #10162 Income Earned 8/31/16 Thru 9/30/16 .USiP Security Description Trade nate Book Value. Reg in Prior Accna,7d Aecr. Of IJIscount Seine Date Beek Value: Acie IncRdett14.uti A urjlt Of Premium Units, Snoic Vaasa: Oisp Ending Acerucrt Net AccrotlArnort Bpok Vaii,c End Tow! lniorrtat Incenio Earnhd Unreal CI. Total Income TOTAL Fixed Income 22,530,000.00 22,555,089.36 397,010.55 430,134.25 22,521,965-66 74,857.34 33,306.36 62,871.01 21,320.03 0.00 0.00 0.00 21,320.03 0.00 21,320.03 Cash & Equivalent 60934N807 Federated Prime Value Oblig Oovt Oblig Fund Inst. 18,582.01 Various 1,297.12 Various 0,00 19,879.13 19,879,13 0.00 1.11 0.00 1.11 0 00 0.00 0.00 1.11 0.00 TOTAL Cash & Equivalent 19,879.13 18,582.01 1,297.12 0.00 19,879.13 0.00 1.11 0.00 1.11 0.00 0,00 0.00 1.11 0.00 TOTAL PORTFOLIO 22,549,879.13 22,573,671.37 398,307.67 430,134.25 22,541,844.79 74,857.54 33,307.67 62,871.01 21,321.14 0.00 0.00 0.00 21,321.14 0.00 21,321.14 Chandler Asset Management - CONFIDENTIAL 113 of 378 Execution Time: 10/3/2016 7:00:34 PM COUNTY OF SAN DIEGO INVESTMENT POOL TREASURY INVESTMENT RESULTS SEP 2016 County of San Diego Treasurer -Tax Collector 1 1600 Pacific Hwy, San Diego, CA 92101 vwww.sdkreastax.corn 114 of 378 SUMMARY PORTFOLIO STATISTICS Asset Backed Securities CDARS Collateralized CDs Commercial Paper Disc FDIC CDs Federal Agency - Step Up Federal Agency Amer Callable Federal Agency Berm Callable Federal Agency Coupon Securities Federal Agency Elro Callable Money Market Accounts Negotiable CDs Repurchase Agreements Supranational Callable Supranationals Treasury Coupon Securities Totals for September 2018 Totals for August 2016 Change From Prior Month Portfolio Effective Duration Book Value Market Value County of San Diego Pooled Money Fund As of September 30, 2016 % et Market Accrued Unrealized ParValue Book Value Market Value Portfolio Price WAM WAC YTM YTW Interest Gairvtess 67,000,000 66,997,542 67,055,119 0.90 100.082 693 0 1.146 1.146 33,714 57,577 10,040,000 /0,000,000 14,000,000 0.13 100.400 51 0 0.421 0.421 2,135 45,000,000 45,000,000 45,000,000 0.60 100.000 186 0 0.509 0.609 10,541 1,475,400,000 1,471,128,090 1,467,954,920 19.77 99.523 91 0 0.956 0.956 - (3,173,170) 849,500 849,500 849,50D 0.01 103.000 123 D 11445 0.445 316 260,945,000 260,545,000 260,613,424 3.51 99.6/3 1,714 115 1.835 1.411 596,781 (331,575) 50,000,00D 50,000,D00 50,031,000 0.67 100.062 898 123 1,290 1.290 23,333 31,400 294,535,00D 294,467,320 294,504,351 3.96 99.991 69D 66 1.086 1.086 862,056 41,030 1,165,000,040 1,169,635,791 1,173,667,990 15.72 100.762 667 137 1.428 1.028 3,993,542 4,032,289 406,913,000 406,012,218 405,997,143 5.45 99.996 831 223 1,053 1.053 733,707 (15,074) 469,500,000 459,504,000 459,640,000 6.18 100.030 1 D 0,169 0.189 51,688 140,000 1,893,500,000 1,893,500,118 1,693,500,000 25.45 100.000 147 0 1.042 1.D42 4,142,818 (118) 13,769,705 13,769,705 13,769,705 0.19 100.000 1 0 0,010 0.010 4 149,350,000 149,347,681 149,357,500 2.D1 100.005 1,055 277 1.171 1.171 415,670 9,819 290,850,000 290,550,729 290,940,600 3.91 100.032 485 0 0,942 0.942 1,074,753 290,074 854,000,000 858,726,613 462,266;040 11.54 100.972 581 0 0.912 0.912 3,017.431 3,539,227 7,435,312,205 7,440,530,417 7,4451 51,492 100.00 100.053 415 149 0.981 0.966 14,978,489 4,621,075 7,5413,226,500 (110,914,295) August Return 0.084% 0.064% 7,552,347,723 7,556,434,030 100.00 100.000 396 134 0.955 0.943 16,483,610 4,066,306 (111,817,306) (111,282,538) 0.89 years Annuaf¢ed 1.024% 1.023% Fiscal Year To Data Return 0.238% 0.236% Annualized D.944% 0.943% 0.063 19 15 0.026 0,023 (1,505,121) 534,769 Calendar Year To Date Retum 0.594% 0.593% Annualized 0.791 % 0.790% Note Yield to maturity (ttN° s iNe estimated rate of rectum on a bond °Nan is purchase price. assuming al coupon payments ere made on a timely basis and reinveeied atihis same rate of return ID the maturity date. Yreka to cat (YTC) is iha estimated rate of return on a band given is purchase price, assuming all coupon payments ere made oil a timely basis and reinvested etei some raie of return ID the cal date. Yfald to worst (YrW) 's the leaeer of yield to matnrly or yield is rat, needing the optionally of the bond issuer. Yields forihe partrafo are aggregated Pieced on the book valor of each sacurry. "AO hvesiments held during the merino September 2016 were in complonoe wahine investment Pof ydoted January 1, 2016. 3 115 of 378 Page 1 of 1 0RGL004' C=!::D General Ledger ;;.cti--it.- Report run D^.te:10/10/15 u9:59:19 Page: 1 of a R z�.ort Parameter? Currenc•r : USD Fun.: Lc:: : 44077 Fund Figh . 14077 Org L4 Org Hi?:. D_pt -..:count Low -count Nigh . Perici : SEP-1. Balance Tue : Actu=.1 ORGLIi04 r Org Ci)SD General L-1ger Acti••it; Report Run Date 10/10!1C 0r:r9:1] Peri':i rEP-16 P\g: 2 of 2 33UCCE CATEGOP.Y NAVE DESCP,IPTION LINE ITEii ELUG,:E ITEii GL DbTE DEBITS CCEnITB FUND 111077 NATIDNAL CITY IN".'EETMENT FUND ;•CCOUNT : 10100 CASH IN Tr:ERFURY -CCCUNT : 31100 FUND FwL:ANCE A":..ILABLE -:ACTUAL BA0Iy ***En.4 Of Relort*** Beginnin, Eelance a 5, 0;41,049,'� Total : En=ing Flance : 8egi.:ininq Balance : Tutel En.ang Balm.. : Grani Total 0.00 0.00 =,090,01r.,6`: 5,0?u,042.69 0.00 0.00 5,n90,049.69 0.00 u.00 116 of 378 tile:///G:/FINANCL/Investments/Cou.nty%20of/o20San%20Die S-09%2000SD General Ledger_Activity_R_0802... 11 /812016 CC/CDC-HA Agenda 12/6/2016 — Page 117 The following page(s) contain the backup material for Agenda Item: Warrant Register #17 for the period of 10/19/16 through 10/25/16 in the amount of $2,485,391.15. (Finance) 117 of 378 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 6, 2016 AGENDA ITEM NO. ITEM TITLE: Warrant Register #17 for the period of 10/19/16 through 10/25/16 in the amount of $2,485,391.15. (Finance) PREPARED BY: K. Apalategui PHONE: 019-336-4572 DEPARTMENT: APPROVED BY. EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 10/19/16 through 10/25/16. Consistent with Department of Finance, listed below are all payments above $50,000. Vendor City of Chula Vista Dick Miller Inc Fordyce Construction Inc Kimley Horn and Assoc Inc Kinsman Construction Inc Western Rim Constructors Inc 325939 Public Emp Ret System 10192016 Check/Wire Amount 325853 73,931.22 325865 31 7,492.62 325875 64,540.15 325889 64,655.64 325890 119,610.67 108,864.61 401,656.62 Explanation Animal Care Center Fees / PD Para Blvd & 14 St. Improv. Project Las Palmas Pool & Camacho Project Wayfinding Task Project Police Dept. Improv. Project El Toyon and Kimball Skate Project Service Peroid 09/27/16 — 10/10116 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $2,485,391.15. APPROVED: /("—K( ) Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Ratify warrants totaling $2,485,391.15. BOARD f COMMISSION RECOMMENDATION: ;NIA ATTACHMENTS: Warrant Register #17 118 of 378 PAYEE A&B SAW & LAWNMOWER ACME SAFETY & SUPPLY CORP ADMINSURE INC AFLAC ALDEMCO ALL FRESH PRODUCTS ALPHA PROJECT FOR THE HOMELESS AMEDEE, W ASSI SECURITY INC AT&T AT&T MOBILITY ATKINS NORTH AMERICA INC BAVENCOFF JR, D SSE ENGINEERING, INC. CARDIAC SCIENCE CORPORATION CHILDREN'S HOSPITAL CIRCULATE SAN DIEGO CITY OF CHULA VISTA CITY OF NATIONAL CITY CLEAN HARBORS COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COX COMMUNICATIONS CULLIGAN DATA TICKET INC DELL MARKETING L P DELTA DENTAL DELTA DENTAL INSURANCE CO DEPARTMENT OF TRANSPORTATION DICK MILLER INC DION INTERNATIONAL TRUCK INC D-MAX ENGINEERING E2 MANAGE TECH INC EQUIFAX INFORMATION SVCS EVIDENT CRIME SCENE PRODUCTS EXPERIAN FEDEX FIRE SERVICE SPECIF & SUPPLY FLINT TRADING INC FORDYCE CONSTRUCTION INC FORDYCE CONSTRUCTION INC GEOSYNTEC CONSULTANTS INC GRAINGER GROSSMAN PSYCHOLOGICAL GTC SYSTEMS INC PUENTES, G HARRIS & ASSOCIATES HAWTHORNE MACHINERY HERNANDEZ, R WARRANT REGISTER #17 10/25/2016 DESCRIPTION RESCUE SAWS PARTS - FIRE 24X24 ENTRANCE SIGN / PW WC CLAIMS ADMINISTRATION - NOVEMBER ACCT BDM36 / NOVEMBER 2016 FOOD / NUTRITION CENTER FOOD / NUTRITION CENTER EXPENSE REIMB / HOMELESS PROJECT / NSD CERT ITEMS - FIRE ASSI CARD READER INSTALLATION AT&T SEPTEMBER 2016 AT&T WIRELESS PD FY 17 TAX ROIL SERVICE EDUCATIONAL REIMBURSEMENT POLICE STATION UPGRADES PROJECT G3 PLUS FULLY -AUTOMATIC PACKAGE CHILD ABUSE EXAM / PD ACTIVE TRANSPORTATION PLANNING ANIMAL CARE CENTER FEES/PD PETTY CASH REPLENISHMENT / AUG 2016 HOUSEHOLD HAZARDOUS WASTE SVCS UNIFIED PROGRAM FAC. PERMIT 2016 DEBT SYMPOSIUM REGISTRATION FEE COX INTERNET OCTOBER 2016 WATER SOFTENER / NUTRITION TICKET APPEALS & ON-LINE ACCESS / NSD DELL COMPUTERS / MIS COBRA PREMIER DENTAL INS/SEPT 2016 COBRA DENTAL iNS PM! / SEPT 2016 HIGHWAY LIGHTING FOR FY 2017 PLAZA BLVD. & 14 ST. IMPROV. PROJECT GLASS KIT / PW STORMWATER SERVICES FY16-17 2020 HOOVER UST PROJECT CREDIT REPORTS I SEC 8 LAB SUPPLIES / PD CREDIT CHECK / POLICE DEPARTMENT FEDEX PACKAGE DELIVERY WITOD SERVICE HOLMATRO TOOLS - FIRE TRAFFIC SUPPLIES / PW LAS PALMAS POOL & CAMACHO GYM PROJECT LAS PALMAS PARK/POOL/GYM PROJECT EDUCATION VILLAGE PROJECT BOXES FOR WATER TENDER - FIRE PRE -EMPLOYMENT PSYCHOLOGICAL EVALUATIONS GTC HELPDESK SUPPORT / MIS STATE OF THE CITY 2016 RENTALS GROUP 1 SEWER DESIGN PROJECT PUMP AS LIFT / PW TAILOR FIRE INV 119 of 378 E 1/3 CHI( NO DATE AMOUNT 325836 10/25/16 1,539.70 325837 10/25/16 112.82 325838 10/25/16 6,948.33 325839 10/25/16 642.08 325840 10/25/16 4,284.44 325841 10/25/16 964.49 325842 10/25/16 9,097.48 325843 10/25/16 124.13 325844 10/25/16 6,216.00 325845 10/25/16 357.32 325846 10/25/16 3,068.64 325847 10/25/16 1,904.00 325848 10/25/16 1,052.44 325849 10/25/16 13,015.07 325850 10/25/16 1,361.00 325851 10/25/16 1,368.00 325852 10/25/16 1,938.54 325853 10/25/16 73,931.22 325854 10/25/16 271.68 325855 10/25/16 1,363.54 325856 10/25/16 502.00 325857 10/25/16 50.00 325858 10/25/16 3,600.37 325859 10/25/16 15.00 325860 10/25/16 2,878.37 325861 10/25/16 10, 610.92 325862 10/25/16 45.22 325863 10/25/16 55.44 325864 10/25/16 7,399.21 325865 10/25/16 347,492.62 325866 10/25/16 146,89 325867 10/25/16 43.246.87 325868 10/25/16 2,970.00 325869 10/25/16 298.45 325870 10/25/16 785.92 325871 10/25/16 29.36 325872 10/25/16 54.65 325873 10/25/16 402.87 325874 /0/25/16 6,425.15 325875 10/25/16 64,540.15 325876 10/25/16 3;396.85 325877 10/25/16 977.47 32587E 10/25/16 891.16 325879 10/25/16 825.00 325880 10/25/16 4,200.00 325881 10/25/16 942.30 325882 10/25/16 2,990.00 325883 10/25/16 210.22 325884 10/25/16 56.00 PAYEE HONEYWELL INTERNATIONAL INC INSTITUTE OF TRANSPORTATION KAISER FOUNDATION HEALTH PLANS KANE BALLMER & BERKMAN KIMLEY HORN AND ASSOC INC KINSMAN CONSTRUCTION INC KONICA MINOLTA LASER SAVER INC LOPEZ, J MARLO'S AUTO SPECIALTIES MOTOROLA SOLUTIONS INC NAHRO NATIONAL CITY TROPHY NATIONAL CITY TROPHY NATIONAL CREDIT REPORTING ORKIN PACIFIC HIGHWAY RENTALS LLC PADRE JANITORIAL SUPPLIES PDR PRO BUILD PRO -EDGE KNIFE PROJECT PROFESSIONALS CORP PROMOTIONAL DESIGN GROUP AND PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM RIVERSIDE COUNTY SHERIFF DEPT ROUSTON, J ROYAL LINES CHARTERS LLC S D COUNTY SHERIFF'S DEPT SAN DIEGO COUNTY RECORDER SAN DIEGO GAS & ELECTRIC SAN DIEGO HOUSING FEDERATION SAN DIEGO MIRAMAR COLLEGE SAN DIEGO PLASTICS INC SAN DIEGO UNION TRIBUNE SANCHEZ, E SEAPORT MEAT COMPANY SHERWIN WILLIAMS SOUTH BAY COMMUNITY SERVICES SOUTH COAST EMERGENCY SOUTHWEST SIGNAL SERVICE SPEEDPRO IMAGING SPOK INC STAND UP DESK STORE STAPLES BUSINESS ADVANTAGE STARTECH COMPUTERS SUPERIOR READY MIX SYSCO SAN DIEGO INC THE STAR NEWS PUBLISHING COMP WARRANT REGISTER #17 10/25/2016 DESCRIPTION DC MOTOR DIRECT DAMPER ITE RENEW MEMBERSHIP / ENG RETIREES INS - COBRA /SEPT 2016 ATTORNEY SERVICES PALM PLAZA WAYFINDING TASK PROJECT POLICE DEPT. IMPROV. PROJECT COPIER EQUIPMENT LEASE / SEPT 2016 MOP 45725 TONER CARTRIDGE / S8 MILEAGE REIMBURSEMENT / ENG REMOVE AND INSTALL DOOR / PE TRUNKING SOFTWARE - FIRE DEPT ANNUAL MEMBERSHIP / SEC 8 TILE WALNUT PLAQUE HOLDER / STATE OF THE CITY TILE WALNUT PLAQUE HOLDER / STATE OF THE CITY BACKGROUND CHECK/S8 PEST CONTROL SERVICES / PW STADIUM LIGHT TOWER PROJECT JANITORIAL SUPPLIES / NUTRITION PHYSICIANS' DESK REFERENCE/PD MOP#45707. PAINT SUPPLIES / NSD KNIFE SHARPENING SERVICE / NUTRITION WAYFINDING PROJECT POP UP CANOPIES - FIRE MOP# 45742. LAUNDRY SVC / NSD DIRECT AUTHORIZATION ANNUAL BILLING TUITION 24PERISHABLE SKILLS / PD TRAVEL REIMBURSEMENT BUS TRANSPORTATION / STATE OF THE CITY RANGE USE FOR DEPARTMENT COUNTY OF SD BUILDING RECORDS GAS & ELECTRIC UTILITIES / NUTRITION SD HOUSING FED MEMBERSHIP CRP TUITION, STINNETT & STEVENS/PD PVCX WHT WHT KOMA / PW LEGAL NOTICE FOR PALM PLAZA TRAVEL REIMB - FIRE MEAT / NUTRITION CENTER MOP# 77816. PAINT SUPPLIES / NSD FY2015-2016 HOME TBRA Q1 COVER AND BUMPER / PW TRAFFIC LIGHT MAINTENANCE SEPT 2016 SWEEPER TRUCK GRAPHICS SPOK PAGING / MIS SUDE6OFT-BK/GB 60" ELECTRIC STAND UP MOP# 45704. OFFICE SUPPLIES / NSD REPLACEMENT HARD DRIVES DG DECOMPOSED GRANITE FOOD / NUTRITI N C.FNiFR ADVERTISING / 120 of 378 2/3 CHK NO DATE AMOUNT 325885 10/25/16 1,569.26 325886 10/25/16 299.28 325887 10/25/16 1,647.02 325888 10/25/16 292,50 325889 10/25/16 64,655.64 325890 10/25/16 119,610.67 325891 10/25/16 2,032.53 325892 10/25/16 522.99 325893 10/25/16 10,53 325894 10/25/16 90.00 325895 10/25/16 28,431,51 325896 10/25/16 1,466.40 325897 10/25/16 392.40 325898 10/25/16 239.80 325899 10/25/16 142.20 325900 10/25/16 659.00 325901 10/25/16 3,906.00 325902 10/25/16 376.06 325903 10/25/16 65.35 325904 10/25/16 227.71 325905 10/25/16 46.00 325906 10/25/16 630.00 325907 10/25/16 1,391,54 325908 10/25/16 26.08 325909 10/25/16 11.58 325910 10/25/16 320.00 325911 10/25/16 14.04 325912 10/25/16 450.00 325913 10/25/16 400.00 325914 10/25/16 14.00 325915 10/25/16 2,933.33 325916 10/25/16 550.00 325917 10/25/16 69.00 325918 10/25/16 243.11 325919 10/25/16 980.40 325920 10/25/16 588.24 325921 10/25/16 1,612,71 325922 10/25/16 27.16 325923 10/25/16 30,336.00 325924 10/25/16 794.09 325925 10/25/16 15,542.36 325926 10/25/16 233.00 325927 10/25/16 655,49 325928 10/25/16 543.14 325929 10/25/16 771.59 325930 10/25/16 558.08 325931 10/25/16 418.68 325932 10/25/16 6,363.52 325933 10/25/16 74.31 PAYEE V & V MANUFACTURING VERIZON WIRELESS VISION SERVICE PLAN VULCAN MATERIALS COMPANY WEST PAYMENT CENTER WESTERN RIM CONSTRUCTORS INC WILLY'S ELECTRONIC SUPPLY YBARRA, A WARRANT REGISTER #17 10/25/2016 PESO IR PT10N BADGES AND REPAIRS FOR FY17 / PD VERIZON SEPTEMBER 2016 VISION SERVICE PLAN (CA) OCTOBER 2016 ENVIRONMENTAL FEE CLEAR INVESTIGATIONS ADV FLAG SEAT/PD EL TOYON AND KIMBALL SKATE PROJECT WILLY'S ELECTRONICS - MIS EDUCATIONAL REIMBURSEMENT WIRED PAYMENTS PUBLIC EMP RETIREMENT SYSTEM SERVICE PERIOD 09/27/16 - 10/10/16 PAYROLL Pay period Start Date 22 10/11/2016 End Date Check Date 10/24/2016 9/912016 GRAND TOTAL 3/3 CHK NO DATE AMOUNT 325934 10/25/16 145.23 325935 10125/16 717.62 325936 10/25/16 553.98 325937 10/25/16 150.77 325938 10/25116 965.92 325939 10/25/16 108,864.61 325940 10/25/16 141.13 325941 10/25/16 2,500.00 AM Total 1,043,273-$4 10192016 10/19/16 401,656.62 1,040,460.59 $2,485,391.15 121 of 378 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 TIIE PAYMENT THEREOF AND FURTHER TIIAT THE ABOVE S AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. .J.( MARK ROBER 1. LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN JERRY CANO, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER ALBERT MENI}IVIL, 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 61fi OF DECEMBER, 2016. AYES NAYS ABSENT 122 of 378 CC/CDC-HA Agenda 12/6/2016 — Page 123 The following page(s) contain the backup material for Agenda Item: Warrant Register #18 for the period of 10/26/16 through 11/01/16 in the amount of $1,791,247.42. (Finance) 123 of 378 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 6, 2016 AGENDA ITEM NO. ITEM TITLE: Warrant Register #18 for the period of 10/26/16 through 11/01/16 in the amount of $1,791,247.42. (Finance) PREPARED BY: K. Apalategui DEPARTMENT: Fin nee PHONE: 619-336-4572. i APPROVED SI( EXPLANATION: 'Per Government Section Code 37208, attached are the warrants issued for the period of 10/19/16 through 10/26/16. Consistent with Department of Finance, listed below are all payments above $50,000. Vendor Check/Wire Dick Miller Inc Dokken Engineering Health Net Inc Kaiser Foundation HP SDG&E 325965 325966 325976 325980 326000 West Tech Contracting Inc 326012 Amount 148,999.55 131, 084.46 72,555.25 184,252.50 68,651.82 98,302.09 Explanation Plaza and 14t Street Project Plaza Blvd. Widening Project Ins R1192A— Nov 2016 ins Active — Nov 2016 Facilities Division Gas & Electric Utilities Paradise Creek Rest. Project FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $1,791,247.42. APPROVED: "`''� Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: 'Ratify warrants totaling $1,791,247.42. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 'Warrant Register #18 1 124 of 378 I PAYEE STATE OF CALIFORNIA DAY WIRELESS SYSTEMS GOVERNMENT FINANCE A REASON TO SURVIVE AFFORDABLE BUTTONS COM AIRGAS WEST AT&T AT&T MOBILITY AT&T MOBILITY BANNER BANK BOOT WORLD BROADWAY AUTO ELECTRIC CAPF CALIFORNIA LAW ENFORCEMENT CALLYO 2009 CORP CAMPOS,A COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO CPP PRINTING CWEA SAN DIEGO DELTA DENTAL DELTA DENTAL INSURANCE CO DICK MILLER INC DOKKEN ENGINEERING DPREP INC FASTSIGNS FLAGS AND EMBLEMS GRAINGER GREGORY, B GTC SYSTEMS INC HEALTH NET HEALTH NET HEALTH NET HEALTH NET INC HUDSON SAFE T LITE RENTALS INTERNATIONAL INSTITUTE IXII GROUP KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS LOPEZ, T MACHADO, R METRO AUTO PARTS DISTRIBUTOR MOSSY NISSAN MOTOPORT NAPA AUTO PARTS NATIONAL CITY CHAMBER OF WARRANT REGISTER #18 11/1/2016 DESCRIPTION SALES TAX LIABILITY /JUL - SEPT 2016 COMPANY MAINTENANCE / JUL-SEPT / FIRE DISTINGUISHED BUDGET AWARDS PROGRAM BIKE RACK PROJECT I LOVE NC BUTTONS / MYR MOP#45714 SUPPLIES! PW AT&T SEPTEMBER 2016 AT&T SEPTEMBER 2016 AT&T OCTOBER 2016 PLAZA BLVD. WIDENING PROJECT MOP#64096 BOOTS / PW MOP#72447 AUTO SUPPLIES / PW FIRE LTD - NOV 2016 PD LTD - NOV 2016 CALLYO BASIC SYSTEM CITATION REFUND: NCO20001084 ADVANCE DEPOSIT - ELECTION 2016 COSTS SHARE OF PC REVENUE - SEPT 2016 MAIL SERVICES / SEPTEMBER 2016 POST CARDS -POSTAGE FOR STATE OF THE CITY COLLECTIONS WORKSHOP / GONZALEZ DENTAL INS PREMIER - NOV 2016 PMI DENTAL INS - NOV 2016 PLAZA AND 14TH STREET PROJECT PLAZA BLVD. WIDENING PROJECT TUITION: CRIME PREVENTION VINYL 4X4 STICKERS AF-4456NFR USA CEREMONIAL FLAG MOP#65179 SUPPLIES / PW REIMBURSEMENT FOR BOOKS FOR RECRUIT / PD GTC HELP DESK SUPPORT FULL NETWORK 57135A - NOV 2016 INS N5992A - NOV 2016 INS N5992F - NOV 2016 INS R1192A - NOV 2016 TYPE IBARRICADE /PW MEMBERSHIP! CITY CLERK'S OFFICE TUITION ETHICS LEADERSHIP/J. MACIAS INS ACTIVE - NOV 2016 RETIREES INS (THRU CALPERS) NOV 2016 RETIREES INS - NOV 2016 HD HSA INS - NOV 2016 INTERPRETATION SERVICES SUBSISTENCE: PEER SUPPORT TRAINING / PD MOP#75943 AUTO SUPPLIES / PW AUTO PARTS / PW 102300-00-CUST, MOTOPORT AIR MESH MOP#45735 AUT NC TOURISM 125 of 378 2016 1/2 CHK ND DATE AMOUNT 325942 10/31/16 3,020.00 325943 10/31/16 1,949.25 325944 10/31/16 425.00 325945 11/1/16 16,632.00 325946 11/1/16 1,331.53 325947 11/1/16 355.16 325948 11/1/16 8,406.49 325949 11/1/16 163.98 325950 11/1/16 149.72 325951 11/1/16 3.323.34 325952 11/1/16 116.62 325953 11/1/16 321.55 325954 11/1/16 760.50 325955 11/1/16 2,082.50 325956 11 /1 /16 1,580.00 325957 11/1/16 30.00 325958 11/1/16 32,398.00 325959 11/1/16 7,948.25 325960 11/1/16 2,604.30 325961 11 /1 /16 769.73 325962 11/1/16 45.00 325963 11/1/16 15,533.52 325964 11/1/16 2,860.44 325965 11/1/16 148,999.55 325966 11/1/16 131,084.45 325967 11/1/16 393.00 325968 11/1/16 87.26 325969 11/1/16 1,213.92 325970 11/1/16 645.83 326971 11/1/16 224.31 325972 11/1/16 6,048.00 325973 11/1/16 5,334.29 325974 11/1/16 2,146.62 325975 11/1/16 651.54 325976 11/1/16 72,555.25 325977 11/1/16 839,11 325978 11/1/16 200.00 325979 11/1/16 99.00 325980 11/1/16 184,252.50 325981 11/1/16 20,990.35 325962 11/1/16 7,572.29 325983 11/1/16 5,178.66 325984 11/1/16 350.00 3259855 11/1/16 518.84 325966 11/1 /16 543.41 325987 11/1/16 599.92 325988 11/1/16 1,162.80 325989 11/1/16 3.24 325990 11/1/16 41,013.57 PAYEE O'REILLY AUTO PARTS PENSKE FORD POWERSTRIDE BATTERY CO INC POZOS CREATIVE COMMUNICATIONS PRO BUILD PRUDENTIAL OVERALL SUPPLY QUAL CHEM CORPORATION RUSS' BEE REMOVAL SCST INC SDG&E SHERWIN WILLIAMS SMART & FINAL SORIANO, R STARTECH COMPUTERS STEVENS, C SWEETWATER AUTHORITY THE COUNSELING TEAM THE HOME DEPOT CREDIT SERVICES THE LINCOLN NATIONAL LIFE INS THE STAR NEWS PUBLISHING COMP THE UNIVERSITY OF GEORGIA WEST TECH CONTRACTING INC WILLS ELECTRONIC SUPPLY YBARRA, A Z A P MANUFACTURING INC ZUMAR INDUSTRIES INC SECTION 8 HAPS PAYMENTS WARRANT REGISTER #18 11/1/2016 DESCRIPTION MOP#75877 AUTO SUPPLIES / PW MOP#49078 AUTO SUPPLIES / PW MOP#67839 AUTO SUPPLIES / PW ART DESIGN FOR FLYER / STATE OF THE CITY MOP#45707 SUPPLIES / PW MOP#45742 LAUNDRY SERVICES / NSD 12QTS BOTTLES FOR ETCHING RUST / PW BEEHIVE REMOVAL / PARKS PLAZA BLVD. & 14TH ST. PROJECT FACILITIES DIVISION GAS & ELECTRIC UTILITIES MOP#77816 PAINT / NSD MOP: 45756 COMMUNITY SAFETY FAIR CAGED TRAINING REIMBURSEMENT / NSD HP LASERJET PRO PRINTER/ COMMUNITY SERVICES TUITION COMMERCIAL ENFOR TRAINING & MEAL FACILITIES DIVISION WATER BILL FY 2017 TUITION: BASIC PEER SUPPORT TRAINING SUPPLIES FOR COMMUNITY SERVICE DAY LIFE & AD&D, STD, LTD INS - NOV 2016 ADVERTISING IN PUBLIC NOTICES -FINANCE INTRO GOV ACCT PART 1 PARADISE CREEK REST. PROJECT MOP VENDOR 00351 ELECTRONIC SUPPLIES EDUCATIONAL REIMBURSEMENT 1160 301' X 50YDS GRAFFITI FILM / PW 30X50 RED EC FILM NON PERFORATED / PW Start Date End Date 10/26/2016 11/1/2016 GRAND TOTAL 2/2 CHK NO GATE AMOUNT 325991 11/1/16 236.22 325992 11/1/16 373.40 325993 11/1/16 1,193.93 325994 11/1/16 540.00 325995 11/1/16 1,087.85 325996 11/1/16 829.07 325997 11/1/16 663.66 325998 11/1 /16 650.00 325999 11/1/16 5,492.00 326000 11/1/16 68,651.82 326001 11/1/16 461.62 326002 11/1/16 44.45 326003 11/1/16 335.33 326004 11/1/16 1,497.85 326005 11/1/16 124.43 326006 11/1/16 47,296.37 326007 11/1/16 299.00 326008 11/1/16 885.17 326009 11/1/16 10,126,10 326010 11/1/16 230.62 326011 11/1/16 439.00 326012 11/1/16 98,302.09 326013 11/1/16 242.91 326014 11/1/16 1,330.00 326015 11/1/16 1,918.90 326018 11/1/16 473.85 AIP Total 970,230.32 812,008.10 $1,791,247.42 126 of 378 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 ANT) FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK ROBERT LESLIE DEESE, CITY MANAGER FINANCE CONINITIT E RONAI.,D I. 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 6th OF DECEMBER, 2016. AYES NAYS ABSENT 127 of 378 CC/CDC-HA Agenda 12/6/2016 — Page 128 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the establishment of an $8,500 Materials and Supplies Account appropriation in the Trash Rate Stabilization Fund and corresponding use of Trash Rate Stabilization Fund fund balance fo 128 of 378 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 6, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the establishment of an $8,500 Materials and Supplies Account appropriation in the Trash Rate Stabilization Fund and corresponding use of Trash Rate Stabilization Fund fund balance for the purchase of public litter containers. PREPARED BY: Ray Roberson DEPARTMENT: Engineering/Public Works PHONE: 619-336-4583 APPROVED BY: EXPLANATION: In an effort to keep our parks and bus stops clean of debris, City Public Works is requesting funding to pay for the purchase of twenty, 60-gallon dark green public litter containers with City logos. These funds will allow PW crews to replace existing containers that have reached the end of their useful life and provide containers in locations that are subject to litter and debris. Fund balance is available in Fund 172 — Trash Rate Stabilization Fund. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS Transfer $8,500 from Fund 172 fund balance to M&O expenditure account #172-416-225-399-0000 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt resolution authorizing the establishment of an $8,500 Materials and Supplies Account appropriation in the Trash Rate Stabilization Fund and corresponding use of Trash Rate Stabilization Fund fund balance for the purchase of public litter containers. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Quote for purchase of public litter containers 2. Resolution 1129 of 378 I b : •• t. SIt+ICElen Proposal #: ,--11111,110,111111 faciites Looted: Racy Corot, Lavmencev6le, GA 30046 Modmigblyd Lane, Degas, TX 75247 St, Erie, PA 16592 Or, Orlando, FL 32809 OeSoto, KS 66018 Prairie, W153158 Angeles, CA 90058 1000 625 West 1738 W. 20th 7452 Presidents 8875 Cameros Dr, 78001901n St Pleasant 4010 East26th St, Los Proposal October 26, 2016 City of National City Attn: Don Jasmund 1726 Wilson Avenue National City, CA 91950 (619) 866-2913 djasmundanationalca.gov Same ITEM DESCRIPTION QUANTITY' UNIT PRICE 'i`a _9 1 L 60 Gal Public Litter Containers Forest Green 1 20 $320.00 $ 6,400.00 Artwork Graphics 1 $936.00, $ 936_00 is Product Taxable? Yes Subtotal = $ 7,336.00 is Freight taxable? No Tax on Product = 660.24 Tax Rate: 9.00% Truckload Freight Rate = 405.94 Terms: Net 30 Days Tax on Freight Total = $ 8,402.18 Freight info: Shipping from Los Angeles Wheel Type: Wheel Type: Leadtime: 5-6 Weeks after receipt of order Warranty: 3 year unprorated warranty Quote Valid: 30 Days Taxes: All applicable taxes shall be paid by the Buyer unless a proper exemption is provided and validated. All Credit Card transactions are subject to a 2% processing fee. PRESENTED BY Mris Oluvanv Stacey ,2o!inson L Stacey Johnson Date !Sign and Print Name Environmental Customer Service Direct: 323-415-5500 Email: sjohnson@rehrig.com Title: 10/2612016 Date 20 initiate order, pease aaOorsend srgncd prnpasalvia fixer email to Tresenteifiliy representative. 130 of 378 A FAMILY TRADITION 0 vrcUva in, acre ICE AND INNOVATION Paoe1 oft CC/CDC-HA Agenda 12/6/2016 — 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 appropriation of $625,000 in TransNet Active Transportation Grant Program funds through the San Diego Association of Governments for the Citywide Midblock Pedestrian Crossing Enha 131 of 378 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 6, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the appropriation of $625,000 in TransNet Active Transportation Grant Program funds through the San Diego Association of Governments for the Citywide Midblock Pedestrian Crossing Enhancements Project and establishment of corresponding revenue and expenditure accounts. PREPARED BY: Stephen Manganiello PHONE: 336-4382 EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. Revenue Account No. 296-06580-3463 Expenditure Account No. 296-409-500-598-6580 (Midblock Pedestrian Crossing Enhancements) Grant match available in Account No. 001-409-500-598-6573 (Transportation System Improvements) through prior City Council appropriations. ENVIRONMENTAL REVIEW: Notice of Exemption will be prepared and filed with the County Recorder's Office. DEPARTMENT: Engineering/Public Works APPROVED BY: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation wl Exhibit 2. Resolution Finance MIS EXPLANATION The Citywide Midblock Pedestrian Crossing Enhancements Project will provide pedestrian enhancements at 14 existing midblock crossing locations Citywide. See attached exhibit for locations. Enhancements may include lighting, corner bulbouts for traffic calming, refuge islands, curb ramps for Americans with Disabilities Act (ADA) compliance, solar powered LED -enhanced pedestrian crossing sign systems, and high intensity signing and striping. On March 17, 2015, City Council adopted Resolution No. 2015-31 taking the following actions: 1) authorize staff to file a grant application with the San Diego Association of Governments (SANDAG) for TransNet Active Transportation Grant Program funds in the amount of $625,000 for the Citywide Midblock Pedestrian Crossing Enhancements Project; 2) commit to a grant match of $25,000; 3) accept the terms of the grant agreement; and 4) authorize the Mayor to execute the agreement, if grant funds are awarded. On April 22, 2016, the SANDAG Board of Directors approved programming of $625,000 in Transportation Development Act funds through the Active Transportation Grant Program for National City's Midblock Pedestrian Crossing Enhancements Project. Subsequent to grant award, the Mayor and SANDAG executed a grant agreement for the Project, effective July 1, 2016. Staff is requesting authorization to appropriate grant funds in the amount of $625,000 and establish corresponding revenue and expenditure accounts. The required grant match of $25,000 is available in the Transportation System Improvements CIP account through prior City Council appropriations. 133 of 378 CITY OF \ NATIONAL CITY a LEGENO SITrUUL DESCPP11ON • MID -LOCK LOCA1GS FOR GRANT PROZC' • MD-OLCCR LOCATIONS THAT ARE ENHANCED • IN -BLOCK LOCATIONS UNDER COMMOTION ND-ULOCK LOCATIONS rot, FUME PROJECT MD-B_CCS LCCA110NS towage I6 Nearest Ortersadlon 1 4th & TAve 2 4d;&UAax 3 4th & & Drexel Ave 4 30th & F St 5 RAve&26Nr5t 6 &It&AAve 7 16th & F Are & 24th&FAye 9 DAve&25thSt 10 KlmbelIWayr&EAve 11 Euclid Ave&Beta St 12 Bth&Burden Dr 13 16th&6Ave 14 16th&IPoe 15 OAve&3h St 16 41h &Belmont Ave 17 4th & 5. Clairmont Ave 13 &h&OIIveAve 19 gth & Arcadia Place _ _ _ 24 16th & Linortan Ave 21 1&h&Earle Dr 22 1641& B Ave 23 16th&FAte 24 1Eth&CAve 25 No&14th 26 Cuban Way &FAre 27 Bth&&Ave 28 8th&CAve 29 Bth & EAve 30 &h&FAve 31 8dr&6Ave 32 &eh&KAwe 33 18th&Coolidge Ave 34 Highland Ave&13th 35 HIgillandAve &14th 36 Plata PI&HlghlandAv 37 Plan el & LAve 38 Highland Ave &2nd 39 Highland Are &9rd 40 Highland Arm &9th 41 Highland Ave&6di CITY OF NATIONAL CITY ENODED715 DIEPARTFt7JT EXHIBIT: CITYWIDE PEDESTRIAN SAFETY ENHANCEMENTS AT MID —BLOCK CROSSWALKS 134 of 378 CC/CDC-HA Agenda 12/6/2016 — Page 135 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 with A Reason to Survive, Inc. (ARTS) in the not -to -exceed amount of $40,000 to oversee the conceptualization, creation, design and fabrication of cu 135 of 378 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 6, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council at the City of National City authorizing the Mayor to execute an Agreement with A Reason to Survive, Inc. (ARTS) in the not -to -exceed amount of $40,000 to oversee the conceptualization, creation, design and fabrication of custom bike racks funded through a San Diego Association of Governments (SANDAG) TransNet Active Transportation Grant Program grant and local matching funds. PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: 2 FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS Funds are available in the following CIP expenditure accounts through prior City Council appropriations: 296-409-500-598-1015 (Bicycle Parking Enhancements) 001-409-500-598-6573 (Transportation System improvements) ENVIRONMENTAL REVIEW: Notice of Exemption will be prepared and filed with the County Recorder's Office. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt resolution executing an Agreement with ARTS to design and fabricate custom bike racks funded through a SANDAG TransNet Active Transportation Grant Program grant and local matching funds. BOARD I COMMISSION RECOMMENDATION; NIA ATTACHMENTS: 1. Explanation 2. Agreement 3. Resolution 136 of 378 Explanation: On November 11, 2015, City Council adopted Resolution No. 2015-170 taking the following actions: 1) accept an Active Transportation Grant Program (ATGP) grant award in the amount of $50,000 through the San Diego Association of Governments (SANDAG) for the National City Bicycle Parking Enhancements project; 2) authorize the City Manager to execute the Grant Agreement; and 3) authorize grant appropriations and establish corresponding revenue and expenditure accounts. The required grant match of $10,000 is available in the Transportation System Improvements CIP account through prior City Council appropriations. Subsequent to grant award, the City Manager and SANDAG executed a grant agreement for the Project, effective December 9, 2015. The Project will design, fabricate and install custom bike racks at various locations Citywide, including community parks, recreation centers, community centers, business districts and along bicycle corridors. To assist staff with delivering a bike rack project that meets the grant requirements, the City desires to contract with A Reason to Survive, Inc. (ARTS) to provide art and design services to design and fabricate a minimum of 30 custom bike racks for installation by City Public Works staff. As a component of the art and design services, ARTS will engage local high school students to participate in development of bike rack prototypes, which will be used to fabricate the custom bike racks. ARTS successfully completed design and fabrication of approximately 40 custom bike racks through a previous SANDAG ATGP grant. ARTS is currently finishing Phase 1 of the 2016 National City Bicycle Parking Enhancements grant project under a smaller contract with the City, which was executed by the City Manager on June 22, 2016. 137 of 378 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND A REASON TO SURVIVE, INC. (ARTS) THIS AGREEMENT is entered into on this 6th day of December, 2016, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITIY"), and A REASON TO SURVIVE, INC. ("ARTS"), a California non-profit corporation (the "CONSULTANT"). RECITALS WHEREAS, ARTS, a California non-profit corporation, has been a catalyst in delivering arts, culture and education programs and projects in National City, and has created a movement behind the importance of the arts as a prevention and intervention vehicle to create positive transformation in children and youth acing adversity; WHEREAS, the CITY'S Department of Engineering & Public Works applied for and received an Active Transportation Grant Program grant from the San Diego Association of Governments ("SANDAG") to design, fabricate and install custom bike racks at various locations Citywide, including community parks, recreation centers, community centers, business districts and along bicycle corridors; WHEREAS, to assist staff with delivering a bike rack project that meets the grant requirements, the CITY desires to employ a CONSULTANT to provide art and design services to design and fabricate a minimum of 30 custom bike racks for installation by City Public Works staff; WHEREAS, as a component of the art and design services, the CITY requires that the CONSULTANT engage local high school students to participate in development of bike rack prototypes, which will be used to fabricate the custom bike racks; WHEREAS, the CITY and the CONSULTANT previously entered into a five-year Lease Agreement, effective July 1, 2015, wherein the CONSULTANT agreed to lease the CITY'S Arts Center located at 200 E. 12th Street and as part of the consideration for the lease, enrich the lives of National City residents by providing arts, culture and educational resources; WHEREAS, per the terms of the Lease Agreement, the CONSULTANT is required to deliver a minimum of $75,000 in public art projects per year; WHEREAS, any and all public art delivered by the CONSULTANT under this Agreement shall be considered separate and distinct from requirements under the Lease Agreement, and therefore, will not relieve the CONSULTANT of its obligations under the Lease Agreement; 138 of 378 WHEREAS, based on review of the CONSULTANT'S performance and qualifications providing art projects, community outreach and education for residents of National City, the CITY has determined that the CONSULTANT, a California non-profit corporation and a 501(c)(3) non-profit, is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services; and, WHEREAS, the CONSULTANT agrees (hat upon completion of the custom bike racks, ownership of the physical works of art shall be transferred to the CITY and the CONSULTANT waives and releases all rights of ownership to the work of art. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT, 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. PURPOSE. The CITY hereby commissions the CONSULTANT to oversee the conceptualization, creation, design and fabrication of custom bike racks as generally described in Section 4 below. The CONSULTANT hereby agrees to provide those services in conformance with the terms of this Agreement. 3. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on November 1, 2016. The duration of this Agreement is for the period of November 1, 2016 through June 30, 2017. 4. SCOPE OF SERVICES. The CONSULTANT will perform services as setforth in the attached Exhibit "A" to deliver a community art project referred to as Custom Bike Racks (the "Work"). 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. 5. PROJECT COORDINATION AND SUPERVISION. Stephen Manganiello, Director of Public Works / City Engineer 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 2 City of National City and A Reason to Survive, Inc. 139 of 378 progress and execution of this Agreement for the CONSULTANT. Emma Chammah, Community Arts Director, thereby is designated as the Project Director for the CONSULTANT. 6. DESCRIPTION OF THE WORK. See Exhibit "A" for Description of the Work, including a photo of Custom Bike Racks created by the CONSULTANT. 7. PHASES OF WORK. See Exhibit "A" for Phases of Work. 8. SCHEDULE. See Exhibit "A" for Schedule. 9. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $40,000 (the Base amount) without prior written authorization from the Project Coordinator. 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 Project Coordinator. 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. 10. 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 andlor 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 andlor the compensation payable to the CONSULTANT. 11. 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 3 City of National City and A Reason to Survive, Inc. 140 of 378 interest herein may be assigned by the CONSUL IAN 1 without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, subconsultants and/or professional artists, 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. 12. RISK OF LOSS AND INSURANCE, The CONSULTANT shall bear all risk of loss or damage to the Work until it is delivered and installed at the site, 13. REPRODUCTIONS. The CONSULTANT shall not create three-dimensional reproductions of the Work, or portions thereof, without the express, written consent of the CITY All expenses associated with creating three-dimensional reproductions shall be borne by the CONSULTANT. 14. OWNERSHIP RIGHTS AND LICENSES. Consistent with Section 11 of this Agreement, professional artists under contract with the CONSULTANT for the purpose of performing the Work are required to adhere to the applicable terms of this Agreement, including the provisions of this Section 14 and Section 31. Ownership of all materials and concepts produced for the CITY under this Agreement, including but not limited to the completed Work, and all rights to licensing and reproductions of the Work, shall pass to and become the property of the CITY, once payment for that phase of work is made by the CITY. The CITY, at its option, will store all drawings and materials that may assist with future repairs. The CONSULTANT shall waive all rights to the Work, including copyright, moral rights under the Visual Artists Rights Act, rights under the California Art Preservation Act, and any other artistic rights that may exist in the Work. The CONSULTANT hereby assigns to the CITY all rights to produce, give, sell, and distribute still or motion images and models or other likeness of any kind of the Work, the compensation for which is part of the fee described above, but shall exercise no rights thereto inconsistent with the provision of this Section 14. The CITY may provide appropriate credit to the CONSULTANT on all such material, but is not obligated to do so. Any Memoranda, Reports, Maps, Drawings, Renderings, Photos, 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. 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 state or federal law, including Civil Code Sections 980 through 989 relating to intellectual property and artistic works and 17 United States Code §106A and §113(d) relating to artists rights. The provisions of this Section 14 shall survive the termination of this Agreement. 4 City of Nations! City and A Reason to survive, Inc. 141 of 378 15. REPAIRS. To the extent practical, all repairs and restorations made during the lifetime of the CONSULTANT shall have the CONSULTANT'S approval. To the extent practical, the CITY shall give the CONSULTANT the opportunity to perform the repairs and restoration at a reasonable fee. 16. PROCESS DOCUMENTATION. The CONSULTANT shall document, photographically and in writing ("Documentation"), the creative process for production of the Work at various and appropriate stages and shall provide that documentation to the CITY prior to installation of the Work. Consistent with Sections 14 and 31, ownership of the Documentation shall pass to and become property of the City once received by the City. 17. 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. 18. 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. 19. 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 Iegally required for the CONSULTANT to practice its profession. 20, 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. 5 City of National City and A Reason to Survive, Inc. 142 of 378 C. The CONSULTANT is responsible tor 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. 21. 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, 22. 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 this Section 22. 6 City of National City and A Reason to Survive_ Inc. 143 of 378 23. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers, or employees. The indei-inity, 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. 24. 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, officials, 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. 25. 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 officer 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, 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 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 7 Cry of National City and A Reason to Survive, Inc. 144 of 378 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, 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 VIII 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. 26. 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. 27. 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 8 City of National City and AReasonto Survive, Inc. 145 of 378 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. 28. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 30-day's written notice to the CONSULTANT. During said 30-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, Renderings, Photos, 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 14. E. The CITY further reserves the right to immediately ternn.inate. this Agreement upon: (1) the filing of a petition, in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULT "-.NT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 29. 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 9 City of National City and A Reason to Survive, Inc. 146 of 378 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: Stephen Manganiello Director of Public Works / City Engineer Engineering & Public Works Department City of National City 1243 National City Boulevard National City, CA 91950-4301 To CONSULTANT: Matt D'Arrigo CEO / Founder A Reason to Survive, Inc. 200 E. 12th Street National City, CA 91950 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 conununication 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. 30. 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 Section 30 by the CONSULTANT. 10 City ofNatioral City and A Reason to Survive, Inc. 147 of 378 31. WAIVER. Due to the nature of the work of art and the site on which it is installed, the CONSULTANT and his/her agents, heirs, successors and assigns hereby waive any and all federal and state rights they may have in or to the Work, including but not limited to copyright, any rights under the Visual Artists Rights Act, as set forth at 17 U.S.C. §106A and §113(d), and any rights under the California Art Preservation Act, as set forth in Civil Code Section 987. The CONSULTANT agrees that upon completion, ownership in the physical work of art which is created pursuant to this Agreement shall be transferred to and shall vest in the CITY, and the CONSULTANT hereby expressly waives and releases all rights of ownership to the work of art, including but not limited to those under Civil Code Section 988. The CONSULTANT and his/her agents, heirs, successors and assigns also agree riot to attempt to defeat this waiver by cooperating with any organization which seeks to bring an action against City under Civil Code Section 989 or any other provision of law. The provisions of this Section 31 shall survive the termination of this Agreement. 32. 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.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 provision of any Exhibit or Schedule conflicts or is inconsistent with provisions of this Agreement, the terms 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 (S10,000), 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 11 City of National City and A Reason to Survive, Inc. 148 of 378 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, 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. M. Statutory References. A reference in this Agreement to any state or federal statute or act means the section as in effect or as later amended. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY A REASON TO SURVIVE, INC. (ARTS) By: By: Ron Morrison, Mayor Matt D'Arrigo, CEO / Founder APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney 12 City of National City and A Reason to Survive, Inc. 149 of 378 A Reason to Survive ARTS EXHIBIT "A" Changing the life hajectury of youth through the arts and creativity Mr. Stephen Manganiello Director of Public Works/City Engineer National City Engineer Division 1243 National City Blvd. National City, CA 91950 11/1/2015 Dear Steve: 200E 12 ° Street National City, CA 91950 Phone: 619.297.2787 Web: www.areasontosurvi ve.org The City of National City received an Active Transportation Grant Program grant from the San Diego Association of Governments ("SANDAG") to design, fabricate and install custom bike racks at various locations Citywide, including community parks, recreation centers, community centers, business districts and along bicycle corridors. A Reason to Survive is pleased to submit this proposal to work with local middle and/or high school students to design custom bike racks and coordinate fabrication. CUSTOM BIKE RACKS PROJECT SCOPE OF WORK I. PROJECT OVERVIEW ARTS, in collaboration with local middle and/or high school students, will host workshops to create custom Bike Racks for the City of National City. During the workshops, students will visit prospective sites, create initial sketches, study bike rack design and compliance, create cardboard and wire models, and build full-scale wooden prototypes. II. PROJECT ACTIVITIES A. Design ARTS will host workshops to engage local middle and/or high school students to design custom bike racks. The creative approach will be a combination of collaborative design and a design competition. a. Site Selection: ARTS will initially reach out to the community to assess needs and determine locations for Bike Racks. ARTS will then consult with National City for approval of locations. b. Design Development: ARTS will host concept and design workshops either off -site in the schools or at the ARTS Center's Industrial Arts Shop. c. Engineering Approval: ARTS will submit photos of all prototypes with details on size and materials to City Engineering for review and comment to ensure compliance with State and Regional Bike Rack design guicieiines. ARTS i A Reason To Survive: Custom Bike Racks 150 of 378 A Reaso.n to Survive ARTS Changing the life trajectory of youth through the arts and creativity 200E 12t Street National City, CA 9050 Phone: 619.297.27g7 Web: w w.areasontosurvive.vrg B. Fabrication Prototyping and fabrication will be completed either at the ARTS Center, Sweetwater Welding Academy or outsourced locally, depending upon the level of complexity. Each bike rackwill include a secure stainless steel base plate to allow for mounting into concrete or asphalt using heavy duty, stainless steel threaded bolts. C. Installation City Public Works crews will install each bike rack in concrete or asphalt using heavy duty, stainless steel threaded bolts upon approval by the Director of Public Works /City Engineer. Ill. COMMUNITY ENGAGEMENT A. Key Partnerships ARTS will partner with local middle and/or high schools to connect with classrooms to promote civic engagement and educate youth on active transportation. Additional partners for this Project may include, but are not limited to, the City of National City, Olivewood Gardens, National City Public Library, Boys and Girls Club of America, National City Middle School, Sweetwater High School, Health and Human Services Agency, and National City Nutrition Center. B. Youth Apprenticeships ARTS will partner with Sweetwater High School and other local high schools to offer apprenticeships for youth to learn workforce development skills. Apprentices will work approximately 8-10 hours per week during the Project, with an opportunity to earn $10 to $12 per hour. ARTS will also offer Service Learning hours for interested students. IV. SCHEDULE c November 2015 —January 2017 - Outreach to local middle/high schools and community partners - Site evaluations • January 2017 —March 2017 - Host workshops to develop prototypes - Prepare CAD drawings o March 2017—June 2017 - Complete fabrication and installation of bike racks Prepare final report ARTS 1 A Reason To Survive: Custom Bike Racks 151 of 378 A Reason to Survive ARTS Cnangtng the life hajetoiy oiyou h through the arts and Creativity CUSTOM BIKE RACKS THROUGH ARTS (PREVIOUS S&NDAG BIKE RACK GRANT PROGRAM} ARTS i A Reason to Survive: Custom Bike Racks 200E 12" smell Natioeal City, CA 91950 Phone: 619.297.2737 Web: www.areaswrtosanive.org 152 of 378 AREASOI OP ID: S1 AC"C;P...=R'Q- CERTIFICATE OF LIABILITY INSURANCE DATE(IIM/D°"YYY) 07/15/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy{ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain pollcles may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Johnson & Wood Ins Serv, A Div of Hub Intl Ins Sery Inc 5731 Palmer Way, Suite D Carlsbad, CA 92010 Ed Johnson CONTACT NAME: Ed Johnson PHONE °. Exts 760-603-0131 jam, mu: 760r603-8135 AI"ess: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A :Philadelphia Indemnity In Co 18058 INSURED A Reason to Survive Z00 E. 12th. St National City, CA 91950 INSURER B :State Compensation Ins. Fund INSURER C : INSURER D : iNSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTRINSR TYPE Of INSURANCE ADDL SUBR WVD POLICY EFF POLICY NUMBER IMM4DD!YYYYI POLICY EXP IMMIUDFYYrfl Lams A GENERAL X LIABWTY COMMERCIAL GENERAL 1CLAIMS-MADE L LIABILITY X OCCUR X PHPK1512422 07101/2016 0710112017 EACH OCCURRENCE $ 1,000,000 PDMEGEESOEREcTED urrence $ 100,000 MED EXP (Any one person} $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRO -POLICY I I Jpccr I T Loc. PRODUCTS -COMPIOPAGG $ 2,000,000 Emp Sen. $ 1,000,000 A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED PHPK1512422 0710112016 0710112017 COMBINED SINGLE LIMIT (Ea accident) $ 1,000 O00 BODd.YINJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY $ UMBRELLA LIAR EXCESS LIAR _ OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DELI. RETENTION $ I $ WORKERS COMPENSATION AND EMPLOYERS' UABILITY Y J N ANY PROPRIETORJPARTNER)EXECUTIYE� OFFICER11NEMt8EREXCLUDED? (heandatory in NH) if yes, describe under ES DCRIPTION OF OPERATIONS below N 1 A 9037947 12120/2015 12120/2016 X WC STATU- I OTH- TORY LIMITS ER E.LEACH ACCIDENT $ 1,000,000 E.L. UISEASe - Eli. ht1PLUYEE $ 1,000, 000 E.L DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS 0 VEHICLES (Attach ACORD 101, Additional Remarks Schedule. If more space Is required) The City of National City, its elected officials, officers, agents and. Employees are named as additional insured per General Liability form #11I- GLD-HS(10/11), when required by written contract. CERTIFICATE HOLDER CITNAT1 City of National City 1243 National City Blvd National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE W;LL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORS REPRESENTATIVE ACORD 25 [201o105) 1� 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 153 of 378 PI-GLD-HS (10/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY DELUXE ENDORSEMENT: HUMAN SERVICES This endorsement modifies insurance provided under.the foliowing: COMMERCIAL GENERAL LIABILITY COVERAGE It is understood and agreed that the following extensions only apply in the event that no other specific coverage for the indicated loss exposure is provided under this policy. If such specific coverage applies: the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted on this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement, For complete details on specific coverages, consult the policy contract wording. Coverage Applicable Limit of insurance Page # Extended Property Damage Included 2 Limited Rental Lease Agreement Contractual Liability $50,000 limit 2 Non -Owned Watercraft Less than 58 feet 2 Damage to Property You Own, Rent, or Occupy $30,000 limit 2 Damage to Premises Rented to You $1,000,000 3 H I PAA Clarification 4 Medical Payments $20,000 5 Medical Payments - Extended Reporting Period 3 years 5 Athletic Activities Amended 5 Supplementary Payments - Bail Bonds $5,000 5 z Supplementary Payment - Loss of Earnings $1,000 per day 5 Employee Indemnification Defense Coverage $25,000 5 Key and Lock Replacement - Janitorial Services Client Coverage $10,000 limit 6 Additional Insured - Newly Acquired Time Period Amended 6 Additional Insured - Medical Directors and Administrators Included 7 Additional Insured - Managers and Supervisors (with Fellow Employee Coverage) Included 7 Additional Insured - Broadened Named insured Included 7 Additional Insured - Funding Source included 7 Additional Insured - Home Care Providers Included 7 Additional Insured - Managers, Landlords, or Lessors of Premises Included 7 Additionai insured - Lessor of Leases Equipment Included 7 Additional Insured - Grantor of Permits Included 8 Additional Insured - Vendor Included 8 Additiona! Insured - Franchisor included 9 Additional Insured - When Required by Contract Included 9 Additional Insured - Owners, Lessees, or Contractors Included 9 Additional Insured - State or Political Subdivisions Included 10 Page 1 of 12 Includes copyrighted material of Insurance Services Office, inc., with its permission. U 2011 Philadelphia Indemnity Insurance Company 154 of 378 PI-GLD-HS (10/11) Duties in the Event of Occurrence, Claim or Suit Included 10 Unintentional Failure to Disclose Hazards Included 10 Transfer of Rights of Recovery Against Others To Us Clarification 10 Liberalization Included 11 Bodily Injury - includes Mental Anguish Included i 11 Personal and Advertising Injury - includes Abuse of Process, Discrimination Included II 11 A. Extended Property Damage SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph a. is deleted in its entirety and replaced by the following: a. Expected or Intended Injury 'Bodily injury' or property damage" expected or intended from the standpoint of the insured. This exclusion does riot apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. B. Limited Rental Lease Agreement Contractual Liability SECTION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph b. Contractual Liability is amended to include the following: (3) Based on the named insured's request at the time of claim, we agree to indemnify the named insured for their liability assumed in a contract or agreement regarding the rental or lease of a premises on behalf of their client, up to $50,000. This coverage extension only applies to rental lease agreements. This coverage is excess over any renter's liability insurance of the client. C. Non -Owned Watercraft SECTION i - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclii&orts, Paragraph g. (2) is deleted in its entirety and replaced by the following: (2) A watercraft you do not own that is: (a) Less than 58 feet long: and (b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your consent, either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess or contingent. D. Damage to Property You Own, Rent or Occupy SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE Page 2 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Q 2011 Philadelphia Indemnity Insurance Company 155 of 378 PI-GLD-HS (10/11) LIABILITY, Subsection 2. Exclusions, Paragraph j. Damage to Property, Item (1) is deleted in its entirety and replaced with the following: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property, unless the damage to property is caused by your client, up to a $30,000 limit. A client is defined as a person under your direct care and supervision. E. Damage to Premises Rented to You 1. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the word "fire" is changed to "fire, lightning, explosion, smoke, or leakage from automatic fire protective systems" where it appears in: a. The last paragraph of SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions; is deleted in its entirety and replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III — LIMITS OF INSURANCE. b. SECTION III — LIMITS OF INSURANCE, Paragraph 6. is deleted in its entirety and replaced by the following: Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems while rented to you or temporarily occupied by you with permission of the owner. c. SECTION V— DEFINITIONS, Paragraph 9.a., is deleted in its entirety and replaced by the following: A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; 2. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4, Other Insurance, Paragraph b. Excess Insurance, (1) (a) (ii) is deleted in its entirety and replaced by the following: That is insurance for fire, lightning, explosion, smoke, or leakage from automatic fire protective systems for premises rented to you or temporarily occupied by you with permission of the owner; 3, The Damage To Premises Rented To You Limit section of tho Declarations is amended to the greater of: Page 3 of 12 Includes copyrighted material of Insurance Services Office, inc., with its permission. © 201'i Philadelphia indemnity Insurance Company 156 of 378 PI-GLD-HS (10111) a. S1,000,000; or b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit. This is the most we will pay for all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective systems or any combination thereof. F. HIPAA SECTION I — COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, is amended as follows: 1. Paragraph 1. Insuring Agreement is amended to include the following: We will pay those sums that the insured becomes legally obligated to pay as damages because of a "violation(s)" of the Health Insurance Portability and Accountability Act (HIPAA). We have the right and the duty to defend the insured against any "suit," "investigation," or "civil proceeding" seeking these damages. However, we will have no duty to defend the insured against any "suit" seeking damages, "investigation," or "civil proceeding" to which this insurance does not apply. 2. Paragraph 2. Exclusions is amended to include the following additional exclusions: This insurance does not apply to: a. Intentional, Willful, or Deliberate Violations Any willful, intentional, or deliberate "violation(s)" by any insured. b. Criminal Acts Any "violation" which results in any criminal penalties under the H1PAA. c. Other Remedies Any remedy other than monetary damages for penalties assessed. d. Compliance Reviews or Audits Any compliance reviews by the Department of Health and Human Services. 3. SECTION V — DEFINITIONS is amended to include the following additional definitions: a. "Civil proceeding" means an action by the Department of Health and Human Services (HHS) arising out of "violations," b. "Investigation" means an examination of an actual or alleged "violation(s)" by HHS. However, "investigation" does not include a Compliance Review. c. "Violation" means the actual or alleged faiiure to comply with the regulations included in the H I PAA, Page 4 of 12 Includes copyrighted material of Insurance Services Office, inc., with its permission. © 2011 Philadelphia Indemnity insurance Company 157 of 378 PI-GLD-HS (10111) G. Medical Payments — Limit Increased to $20,000, Extended Reporting Period If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit is changed subject to all of the terms of SECTION III - LIMITS OF INSURANCE to the greater of: a. $20,000; or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. 2. SECTION I — COVERAGE, COVERAGE C MEDICAL PAYMENTS, Subsection 1. Insuring Agreement, a. (3) (b) is deleted in its entirety and replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident. H. Athletic Activities SECTION I — COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection 2. Exclusions, Paragraph e. Athletic Activities is deleted in its entirety and replaced with the following: e. Athletic Activities To a person injured while taking part in athletics. I. Supplementary Payments SECTION I — COVERAGES, SUPPLEMENTARY PAYMENTS - COVERAGE A AND B are amended as follows: 1. b. is deleted in its entirety and replaced by the following: 1. b. Up to $5000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these. 1.d. is deleted in its entirety and replaced by the following: 1. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $1,000 1 day because of time off from work. J. Employee Indemnification Defense Coverage SECTION I — COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGES A AND B the following is added: We will pay, on your behalf, defense costs incurred by an `employee" in a criminal proceeding occurring in the course of employment. The most we will pay for any "employee" who is alleged to be directly involved in a criminal proceeding Is $25,000 regardless of the numbers of "employees," claims or "suits" brought or persons or organizations making claims or bringing "suits. Page 5 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company 158 of 378 PI-GLD-HS (10111) K. Key and Lock Replacement — Janitorial Services Client Coverage SECTION 1— COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended to include the following: We will pay for the cost to replace keys and locks at the "clients" premises due to theft or other loss to keys entrusted to you by your "client,' up to a $10,000 limit per occurrence and $10,000 policy aggregate. We will not pay for loss or damage resulting from theft or any other dishonest or criminal act that you or any of your partners, members, officers, employees", "managers", directors, trustees, authorized representatives or any one to whom you entrust the keys of a "client" for any purpose commit, whether acting alone or in collusion with other persons. The following, when used on this coverage, are defined as follows: a. "Client" means an individual, company or organization with whom you have a written contract or work order for your services for a described premises and have billed for your services. b. "Employee" means: (1) Any natural person: (a) While in your service or for 30 days after termination of service; (b) Who you compensate directly by salary, wages or commissions; and (c) Who you have the right to direct and control while performing services for you; or (2) Any natural person who is furnished temporarily to you: (a) To substitute for a permanent "employee" as defined in Paragraph (1) above, who is on leave; or (b) To meet seasonal or short-term workload conditions; while that person is subject to your direction and control and performing services for you. "Employee" does not mean: (3) (a) Any agent, broker, person leased to you by e labor leasing firm, factor, commission merchant, consignee, independent contractor or representative of the same genera! character; or (b) Any "manager," director or trustee except while performing acts coming within the scope of the usual duties of an "employee." c. "Manager" means a person serving in a directorial capacity for a limited liability company. L. Additional Insureds SECTION II — WHO IS AN INSURED is amended as follows: 1. If coverage for newly acquired or formed organizations is not otherwise excluded from this Page 6 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 02011 Philadelphia Indemnity Insurance Company 159 of 378 Pl-GLD-HS (10/11) Coverage Part, Paragraph 3.a. is deleted in its entirely and replaced by the following: a. Coverage under this provision is afforded until the end of the policy period. 2. Each of the following is also an insured: a. Medical Directors and Administrators - Your medical directors and administrators, but only while acting within the scope of and during the course of their duties as such. Such duties do not include the furnishing or failure to furnish professional services of any physician or psychiatrist in the treatment of a patient. b. Managers and Supervisors - Your managers and supervisors are also insureds, but only with respect to their duties as your managers and supervisors. Managers and supervisors who are your "employees" are also insureds for 'bodily injury" to a co - "employee" while in the course of his or her employment by you or performing duties related to the conduct of your business. This provision does not change Item 2.a.(1)(a) as it app[[es to managers of a limited liability company. c. Broadened Named insured -• Any organization and subsidiary thereof which you control and actively manage an the effective date of this Coverage Part. However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance. d. Funding Source - Any person or organization with respect to their liability arising out of: (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. e. Home Care Providers - At the first Named Insured's option, any person or organization under your direct supervision and control while providing for you private home respite or foster home care for the developmentally disabled. f. Managers, Landlords, or Lessors of Premises - Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased or rented to you subject to the following additional exclusions: g• This insurance does not apply to: {1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization. Lessor of Leased Equipment - Automatic Status When Required in Lease Agreement With You - Any person or organization from whorn you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization is to be added as an additional insured on your policy. Such person or Page 7 of 12 includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company 160 of 378 Pi -GLAD -I -IS (10/11) organization is an insured only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. h. Grantors of Permits —Any state or political subdivision granting you a permit in connection with your premises subject to the following additional provision: (1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with the premises you own, rent or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. i. Vendors — Only with respect to "bodily injury" or "property damage" arising out of "your products' which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: (1) The insurance afforded the vendor does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; Page 8 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. ©2011 Philadelphia Indemnity Insurance Company 161 of 378 PI-GLD-HS (10111) (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Sub -paragraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing. Franchisor — Any person or organization with respect to their liability as the grantor of a franchise to you. k. As Required by Contract — Any person or organization where required by a written contract executed prior to the occurrence of a loss. Such person or organization is an additional insured for "bodily injury," "property damage" or "personal and advertising injury" but only for liability arising out of the negligence of the named insured. The limits of insurance applicable to these additional insureds are the lesser of the policy limits or those limits specified in a contract or agreement. These limits are included within and not in addition to the limits of insurance shown in the Declarations I. Owners, Lessees or Contractors — Any person or organization, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured when required by . contract. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: (a) All work, including materials, parts or equipment fumished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (b) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Page 9 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company 162 of 378 PI-GLD-HS (10/11) m. State or Political Subdivisions — Any state or political subdivision as required, subject to the following provisions: (1) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit, and is required by contract. (2) This insurance does not apply to: (a) "Bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (b) "Bodily injury" or "property damage" included within the "products -completed operations hazard." M. Duties in the Event of Occurrence, Claim or Suit SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2. is amended as follows: a. is amended to include: This condition applies only when the "occurrence" or offense s known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. b. is amended to include: This condition will not be considered breached unless the breach occurs after such claim or "suit" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you ace a corporation. N. Unintentional Failure To Disclose Hazards SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 6. Representations is amended to include the following: It is agreed that, based on our reliance on your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. O. Transfer of Rights of Recovery Against Others To Us SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 6. Transfer of Rights of Page 10 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company 163 of 378 PI-GLD-HS (10/11) Recovery Against Others To Us is deleted in its entirety and replaced by the following: !f the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. Therefore, the insured can waive the insurer's rights of recovery prior to the occurrence of a loss, provided the waiver is made in a written contract. P. Liberalization SECTION !V — COMMERCIAL GENERAL LIABILITY CONDITIONS, is amended to include the following: If we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. Q. Bodily Injury — Mental Anguish SECTION V — DEFINITIONS, Paragraph 3. Is deleted in its entirety and replaced by the following: "Bodily injury' means: a. Bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and b. Except for mental anguish, includes death resulting from the foregoing (Item a. above) at any time. R. Personal and Advertising Injury — Abuse of Process, Discrimination If COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not otherwise excluded from this Coverage Part, the definition of "personal and advertising injury" is amended as follows: 1. SECTION V — DEFINITIONS, Paragraph 14.b. is deleted in its entirety and replaced by the following: b. Malicious prosecution or abuse of process; 2. SECTION V-- DEFINITIONS, Paragraph 14. is amended by adding the following: Discrimination based on race, color, religion, sex, age or national origin, except when: a. Done intentionally by or at the direction of, or with the knowledge or consent of: (1) Any insured; or (2) Any executive officer, director, stockholder. partner or member of the insured; b. Directly or indirectly related to the employment, former or prospective employment, termination of employment, or application for employment of any person or persons by an insured; Page 11 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. O 2011 Philadelphia Indemnity Insurance Company 164 of 378 PI-GLD-HS (10111) c. Directly or indirectly related to the sale, rental, lease or sublease or prospective sales, rental, lease or sub -!ease of any room, dwelling or premises by or at the direction of any insured; or d. Insurance for such discrimination is prohibited by or held in violation of law, public policy, legislation, court decision or administrative ruling. The above does not apply to fines or penalties imposed because of discrimination. Page 12 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission, 02011 Philadelphia Indemnity insurance Company 165 of 378 CC/CDC-HA Agenda 12/6/2016 — Page 166 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing installation of All -Way Stop control at the intersections of "K" Avenue & E. 6th Street and "J" Avenue & E. 5th Street (TSC No. 2016-16). (Engineering/Public Works) 166 of 378 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 6, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing installation of All -Way Stop control at the intersections of "K" Avenue & E. 6th Street and "J' Avenue & E. 5th Street (TSC No. 2016-16). PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION See attached. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: DEPARTMENT: Engineering/Public Works APPROVED BY: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution authorizing installation of All -Way Stop control at the intersections of "K" Avenue & E. 6th Street and "J" Avenue & E. 5th Street. BOARD f COMMISSION RECOMMENDATION At their meeting on November 16, 2016, the Traffc Safety Committee unanimously approved the staff recommendation to install All -Way Stop control at the intersections of "K" Avenue & E. 6th Street and "J" Avenue & E. 5th Street. ATTACHMENTS: 1. Explanation wi Location Map 2. Staff Report to the Traffic Safety Committee on November 16, 2016 (TSC No. 2016-16) 3. Resolution 167 of 378 EXPLANATION A few residents expressed concerns regarding lack of traffic control along E. 5th Street and E. 6th Street between Highland Avenue and "L" Avenue. In particular, they requested installation of Stops signs at the intersections of "K" Avenue & E. 6th Street and "J" Avenue & E. 5th Street. Engineering staff authorized one of the City's on -call, licensed traffic engineers to perform a traffic study for the neighborhood, which included site investigations, traffic counts, review of accident history and formal warrant analyses consistent with the procedures outlined in the State of California Manual on Uniform Traffic Control Devices (MUTCD). A copy of the traffic study report is on file at the Office of the City Engineer. The traffic study confirmed that most of the intersections along E. 5th Street and E. 6th Street between Highland Avenue and "L" Avenue have Yield signs for the north -south streets and no traffic control along E. 5th Street and E. 6th Street. Traffic counts indicate the local streets in this neighborhood experience low traffic volumes ranging between 200 and 500 vehicles per day, on average. Review of accident history indicated no reported accidents within the study area. While traffic volumes are low, MUTCD guidelines allow for consideration of multi -way stop control when the intersecting residential neighborhood streets are of similar design and operating characteristics and site conditions suggest the installation of multi -way Stop control would improve traffic operations. Staff recommends removal of Two -Way Yield control and installation of All -Way Stop control at the intersections of "K" Avenue & E. 6th Street and "J" Avenue & E. 5th Street based on the analysis and findings of the traffic study, consistent with MUTCD guidelines. If approved by City Council, all work will be performed by City Public Works. 168 of 378 National City Traffic Services 4 knnravn Yle'rr Gonvol Reartawa.Y.Ialii Con4rol' LEGEND Existing Stop Sign Existing Yield Sign Existing Traffic Signal Recommended new stop sign location Itero"eveYietri Cooirol intersection Traffic Control 169 of 378 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR NOVEMBER 16, 2016 ITE14I NO, 2010-10 ITEM TITLE: REQUEST FOR INSTALLATION OF ALL -WAY STOP CONTROL AT THE INTERSECTIONS OF "K" AVENUE & E. 6TH STREET AND "J" AVENUE & E. 5TH STREET (BY NEIGHBORHOOD RESIDENTS) PREPARED BY: Stephen Manganiello, Director of Public Works/City Engineer Engineering and Public Works Department DISCUSSION: A few residents expressed concerns regarding lack of traffic control along E. 5th Street and E. 6th Street between Highland Avenue and "L" Avenue. In particular, they requested installation of Stops signs at the intersections of "K" Avenue & E. 6th Street and "J" Avenue & E. 5th Street. Engineering staff authorized one of the City's on -call, licensed traffic engineers to perform a traffic study for the neighborhood, which included site investigations, traffic counts, review of accident history and formal warrant analyses consistent with the procedures outlined in the State of California Manual on Uniform Traffic Control Devices (MUTCD). A copy of the traffic study report is on file at the Office of the City Engineer. The traffic study confirmed that most of the intersections along E. 5th Street and E. 6th Street between Highland Avenue and ''L" Avenue have Yield signs for the north -south streets and no traffic control along E. 5th Street and E. 6th Street. Traffic counts indicate the local streets in this neighborhood experience low traffic volumes ranging between 200 and 500 vehicles per day, on average. Review of ac :ice t history indicated no reported accidents within the study area. While traffic volumes are low, MUTCD guidelines allow for consideration of multi -way stop control when the intersecting residential neighborhood streets are of similar design and operating characteristics and site conditions suggest the installation of multi -way Stop control would improve traffic operations. STAFF RECOMMENDATION: Staff recommends removal of Two -Way Yield control and installation of All -Way Stop control at the intersections of "K" Avenue & E. 6th Street and "J" Avenue & E. 5th Street based on the analysis and findings of the traffic study, consistent with MUTCD guidelines. ATTACHMENTS: 1. Location Map wi Recommendations TSC #2016-16 170 of 378 National City Traffic Services '?i' Remove Yield Control LEGEND v • 1 Existing Stop Sign Existing Yield Sign Existi rig Traffic Signal Recommended new stop sign location __-01 i v YT Id Control x w Romo.m Y;- rcl Cmorrr l • tol Intersection Traffic Control 171 of 378 CC/CDC-HA Agenda 12/6/2016 — Page 172 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the installation of Stop signs and Yield signs to provide traffic control at various intersections within the neighborhood bound by Alpha Street to the north, Division Street to the s 172 of 378 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 6, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of Stop signs and Yield signs to provide traffic control at various intersections within the neighborhood bound by Alpha Street to the north, Division Street to the south, Euclid Avenue to the east, and 1-805 to the west (TSC No. 2016-17). PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: 740 FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW; N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution authorizing installation of Stop signs and Yield signs at various intersections within the neighborhood bound by Alpha Street to the north, Division Street to the south, Euclid Avenue to the east, and 1-805 to the west. BOARD / COMMISSION RECOMMENDATION At their meeting on November 16, 2016, the Traffic Safety Committee unanimously approved the staff recommendation to install Stop signs and Yield signs to provide traffic control at various intersections within the neighborhood bound by Alpha Street to the north, Division Street to the south, Euclid Avenue to the east, and 1-805 to the west. ATTACHMENTS: 1. Explanation w/ Location Map 2. Staff Report to the Traffic Safety Committee on November 16, 2016 (TSC No. 2016-17) 3. Resolution 173 of 378 EXPLANATION A few residents expressed concerns regarding lack of traffic control at several intersections within the neighborhood bound by Alpha Street to the north, Division Street to the south, Euclid Avenue to the east, and 1-805 to the west. Engineering staff authorized one of the City's on -call, licensed traffic engineers to perform a traffic study for the neighborhood, which included site investigations, traffic counts, review of accident history and formal warrant analyses consistent with the procedures outlined in the State of California Manual on Uniform Traffic Control Devices (MUTCD). A copy of the traffic study report is on file at the Office of the City Engineer. The traffic study confirmed that a total of seven intersections within the neighborhood do not have traffic control signs. Review of accident history indicated one reported accident within the study area, which occurred at the intersection of Alpha Street 1 R Avenue and Beta Street. Based on traffic count data collected and field observations, only the intersection of Alpha Street / R Avenue and Beta Street was found to satisfy minimum volume criteria for Stop or Yield control. The average daily traffic (ADT) of all approaches entering the intersection was found to exceed 2,000 units per day, justifying the intersection for consideration of Stop or Yield control, Based on peak -hour intersection counts and ADT volumes adjacent to the intersection, a large proportion of vehicles were found to utilize the north leg of the intersection, resulting in higher turning volumes and conflicts. Therefore, it is recommended that Stop signs be installed on the north and south legs of the intersection. It is also recommended that Stop signs be installed at each of the five uncontrolled 1-- intersections located within the study area to clarify the right of way. See attached Exhibit for locations. According to Section 2B-09 Yield Applications of the MUTCD, Yield signs may be considered on the approaches to a through street or highway where conditions are such that a full stop is not always required. Field observations suggest this condition may be possible for the minor street approaches at the intersection of Mann Avenue and Beta Street. Staff recommends installation of the following traffic control at seven uncontrolled intersections within the neighborhood bound by Alpha Street to the north, Division Street to the south, Euclid Avenue to the east, and 1-805 to the west, based on the analysis and findings of the traffic study, consistent with MUTCD guidelines: 1) Intersection of Alpha Street 1 R Avenue and Beta Street — install Stop control for the north and south legs of the intersection; 2) T-Intersection of R Avenue and Gamma Street — install Stop control for the north leg of the intersection; 174 of 378 3) T-intersection of Q Avenue and La Posada Street install Stop control for the east leg of the intersection; 4) T-Intersection of R Avenue and Delta Street — install Stop control for the east and west legs of the intersection; 6) T-Intersection of T Avenue and Gamma Street install Stop control for the west leg of the intersection; 6) T-Intersection of U Avenue and Beta Street — install Stop control for the south leg of the intersection; 7) Intersection of Mann Avenue and Beta Street — install Yield control for the north and south legs of the intersection. If approved by City Council, all work will be performed by City Public Works. 175 of 378 National City Traffic Services LEGEND et Existing Stop Sign V Existing Traffic Signal -"a fop ' Recommended new stop sign location Existing Yield Sign IP IC F�:;i} = I.�`EEC �:.71 ,_- 4 DELTA 51 EET _ Intersection Traffic Control 176 of 378 2 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR NOVEMBEER 16, 2016 ITEM NO. 2t 16-17. ITEM TITLE: REQUEST FOR INSTALLATION OF STOP SIGNS AT VARIOUS INTERSECTIONS WITHIN THE NEIGHBORHOOD BOUND BY ALPHA STREET TO THE NORTH, DIVISION STREET TO THE SOUTH, EUCLID AVENUE TO THE EAST, AND 1-805 TO THE WEST (BY NEIGHBORHOOD RESIDENTS) PREPARED BY: Stephen Manganiello, Director of Public Works/City Engineer Engineering and Public Works Department DISCUSSION: A few residents expressed concerns regarding lack of traffic control at several intersections within the neighborhood bound by Alpha Street to the north, Division Street to the south, Euclid Avenue to the east, and 1-805 to the west. Engineering staff authorized one of the City's on -call, licensed traffic engineers to perform a traffic study for the neighborhood, which included site investigations, traffic counts, review of accident history and formal warrant analyses consistent with the procedures outlined in the State of California Manual on Uniform Traffic Control Devices (MUTCD). A copy of the traffic study report is on file at the Office of the City Engineer. The traffic study confirmed that a total of seven intersections within the neighborhood do not have traffic control signs. Review of accident history indicated one reported accident within the study area, which occurred at the intersection of Alpha Street / R Avenue and Beta Street. Based on traffic count data collected and field observations, only the intersection of Alpha Street / R Avenue and Beta Street was found to satisfy minimum volume criteria for Stop or Yield control. The average daily traffic (ADT) of all approaches entering the intersection was found to exceed 2,000 units per day, justifying the intersection for consideration of Stop or Yield control. Based on peak -hour intersection counts and ADT volumes adjacent to the intersection, a large proportion of vehicles were found to utilize the north leg of the intersection, resulting in higher turning volumes and conflicts. Therefore, it is recommended that Stop signs be installed on the north and south legs of the intersection. It is also recommended that Stop signs be installed at each of the five uncontrolled T- intersections located within the study area to clarify the right of way. See attached Exhibit for locations. According to Section 2B-09 Yield Applications of the MUTCD, Yield signs may be considered on the approaches to a through street or highway where conditions are such that a full stop is not always required. Field observations suggest this condition may be possible for the minor street approaches at the intersection of Mann Avenue and Beta Street. 177 of 378 STAFF RECOMMENDATION: Staff recommends installation of the following traffic control at seven uncontrolled intersections within the neighborhood bound by Alpha Street to the north, Division Street to the south, Euclid Avenue to the east, and 1-805 to the west, based on the analysis and findings of the traffic study, consistent with MUTCD guidelines: 1) Intersection of Alpha Street / R Avenue and Beta Street — install Stop control for the north and south legs of the intersection; 2) T-Intersection of R Avenue and Gamrna Street — install Stop control for the north leg of the intersection; 3) T-Intersection of Q Avenue and La Posada Street — install Stop control for the east leg of the intersection; 4) T-Intersection of R Avenue and Delta Street — install Stop control for the east and west legs of the intersection; 5) T-Intersection of T Avenue and Gamma Street — install Stop control for the west leg of the intersection; 6) T-intersection of U Avenue and Beta Street — install Stop control for the south leg of the intersection; 7) Intersection of Mann Avenue and Beta Street — install Yield control for the north and south legs of the intersection. ATTACHMENTS: 1. Location Map wl Recommendations TSC #2016-17 178 of 378 National City Traffic Services •- r� i. -LA PO LEGEND Existing Stop Sign Existing Yield Sign Existing Traffic Signal Recommended new stop sign location Intersection Traffic Control 179 of 378 CC/CDC-HA Agenda 12/6/2016 — Page 180 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the installation of five, 2-hour time restricted parking spaces located on the south side of E. 8th Street in front of Harborview Condominiums (TSC No. 2016-18). (Engineering/Public W 180 of 378 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 6, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of five, 2-hour time restricted parking spaces located on the south side of E. 8th Street in front of Harborview Condominiums (TSC No, 2016-18). PREPARED BY: Luca Zappiello, Civil Engineering Tech PHONE: 619-336-4360 EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. NIPS ENVIRONMENTAL REVIEW: NIA ORDINANCE: INTRODUCTION: FINAL ADOPTION: DEPARTMENT: Engineering/Public Works APPROVED BY: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution authorizing the installation of five, 2-hour time restricted parking spaces looted on the south side of E. 8th Street in front of Harborview Condominiums. BOARD i COMMISSION RECOMMENDATION: At their meeting on November 16, 2016, the Traffic Safety Committee unanimously approved the request to install five, 2-hour time restricted parking spaces located on the south side of E. 8th Street in front of Harborview Condominiums. ATTACHMENTS: 1. Explanation IN/ Location Map 2. Staff Report to the Traffic Safety Committee on November 16, 2016 (TSC No. 2016-18) 3. Resolution 181 of 378 EXPLANATION Mr. Julian Maravilla, leasing officer with Harborview Condominiums located at 819 "D" Avenue, has requested installation of five, 2-hour time restricted parking spaces located on the south side of E. 8th Street in front of Harborview Condominiums. According to Mr. Maravilla, the installation of 2-hour time restricted parking spaces should increase parking turnover and also provide customers enough time to visit the property. Staff spoke with representatives from the Harborview leasing office. They stated that the parking spaces immediately in front of the leasing office are occupied by vehicles for several days at a time and present an inconvenience to current and future clients who visit the property and cannot find available on -street parking nearby. Staff visited the site and verified that the on -street parking in the area is heavily utilized by residents and business customers. Staff measured the amount of curbside parking available on the south side of E. 8th Street in front of Harborview. There are five, unrestricted diagonal parking spaces at this location. Staff also observed that New Image Dentistry is located adjacent to the Condominium leasing office and shares curbside parking for its patients with the leasing office. Staff spoke with a representative from the Dentistry office to determine if they would also be interested in converting the five unrestricted parking spaces to 2-hour time restricted parking. They agreed that installation of 2-hour time restricted parking would benefit their business as they stated that vehicles often park in these spaces for several days and patients have to search for other parking in the area. At their meeting on November 16, 2016, the Traffic Safety Committee unanimously approved the request to install five, 2-hour time restricted parking spaces located on, the south side of E. 6th Street in front of Harborview Condominiums. if approved by City Council, all work will be performed by City Public Works. 182 of 378 0 Location Map with Recommended Enhancements (TSC Item: 2016-18) vbr ?1 �l Pvoposed firs, 2-hour time restricted parking spaces FIarborvlow Condominiums - 819 aD" Avenue 183 of 378 New linage DentiStry E 8TH STREE • i tt • 3 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR NOVEMBER 16, 2016 ITEM TITLE: ITEM NO 2016-18 REQUEST FOR THE INSTALLATION OF FIVE (5) "2-HOUR PARKING" ZONES LOCATED ON THE SOUTH SIDE OF E. 8TH STREET IN FRONT OF THE HARBORVIEW CONDOMINIUM (BY J. MARAVILLA) PREPARED BY: Luca Zappiello, Civil Engineering Technician Engineering & Public Works Department DISCUSSION: Mr. Julian Maravilla, from the "Harborview Condominium" (Condominium) located at 819 D Avenue National City, has requested the installation of five (5) "2-Hour Parking" zones on the south side of E. 8th Street in front of the Condominium. Staff spoke with representatives from the Condominium leasing office who state that parking spaces immediately in front of the leasing office are occupied by vehicles for several days at a time and present an inconvenience to current and future clients who visit the property and cannot find available parking spots nearby. According to Mr. Maravilla, the installation of 2-Hour Parking spaces in front of the leasing office should increase parking turnover frequency and also provide potential clients enough time visit the property. Staff visited the site and verified that the parking spaces in the area are heavily utilized by resident and business customers. Staff measured the amount of curbside parking available on the south side of E. 861 Street in front of the Condominium. There are aprproximately 68 feet of diagonal parking available for five (5) vehicles. Staff also observed that "New Image Dentistry' (Dentistry) is located adjacent to the Condominium leasing office and shares curbside parking for its patients with the leasing office. Staff spoke with a representative from the Dentistry office to determine if they would also be interested in converting the five (5) parking spaces in front of the Condominium to 2-Hour parking spaces. They agreed to the proposed installation of 2- Hour parking spaces and stated that vehicles often park in those spaces tor several days and patients have to search for parking in the area. Staff defer from the Traffic Safety Committee for the recommendation to install 68 feet of diagonal parking spaces (5 parking spaces) 2-Hour parking spaces in front the Condominium leasing office and Dentistry office. STAFF RECOMMENDATION: 184 of 378 Staff defer from the Traffic Safety Committee for the recommendation to install 68 feet of diagonal parking spaces (5 parking spaces) 2-Hour parking spaces in front the Condominium leasing office and Dentistry office. EXHIBITS: 1. Public Request Form 2. Location Map 3. Photos 2016-18 185 of 378 - ► C ►LUPOUtKIA t ATI PUBLIC REQUEST FORM Conte Name: Harborview Luxury Rentals / Julian Maravilta Address: Not provided Phone:Not provided email: Not provided Refit 1rtfannutJon 8th Street between "D" and "E" Ave. Request: Request to intstali 2 Hour Parking Signs along 8th St. Between "D" and "E" Avenue IAttaichments:121 Yesu No Description: Email tet O Request Recelsred 3y: Tirza Date:1 Ol6!201 Received via: ; unt r/ln.PersanETeleptwluZmafl Assigned To: Steve Manganiello Refe rral: Lauren Maxilom Notes: 186 of 378 Location Map with Recommended Enhancements (TSC Item: 2016-18) Proposed 68' (Dye (5) Parking spaces) "2 hours perkier New Image Dentistry Harborvlow Condominiums 819 D Avenue 187 of 378 I New Image Dentistry I Proposed Location for the Installation of 68' (five (5) parking spaces) "2 hours parking" Hasborviewr Condominium leasing office Locations of i gaest,to install "2-Hour' arkvn spaces Located on the south side of E. 8t° Street (looking Southeast) Proposed Location for the installation of 68' (five (5) parking spaces) "2 hours parking" Location of request to install "2-Hour" parking spaces located on the south side of E. 8tti Street (looking Northwest) 188 of 378 CC/CDC-HA Agenda 12/6/2016 — Page 189 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the installation of two, 2-hour time restricted parking spaces on E. 6th Street adjacent to "Monte de Piedad", located at 604 Highland Avenue (TSC No. 2016-19). (Engineering/Public Wo 189 of 378 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 6, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of two, 2-hour time restricted parking spaces on E. 6th Street adjacent to "Monte de Piedad", located at 604 Highland Avenue (TSC No. 2016-19). PREPARED BY: Luca Zappiello, Civil Engineering Tech PHONE: 619-336-4360 EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. N;A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: DEPARTMENT: Engineering/Public Works APPROVED BY: APPROVED: APPROVED: 2 Finance MIS STAFF RECOMMENDATION: Adopt Resolution authorizing the installation of two, 2-hour time restricted parking spaces on E. 6th Street adjacent to "Monte de Piedad", located at 604 Highland Avenue. BOARD ! COMMISSION RECOMMENDATION: At their meeting on November 16, 2016, the Traffic Safety Committee unanimously approved installation of two, 2-hour time restricted parking spaces on E. 6th Street adjacent to "Monte de Piedad", located at 604 Highland Avenue. ATTACHMENTS: 1. Explanation wi Location Map 2. Staff Report to the Traffic Safety Committee on November 16, 2016 (TSC No. 2016-19) 3. Resolution 190 of 378 EXPLANATION Mr. Brian Daniels, branch manager of "Monte de Piedad", located at 604 Highland Avenue, requested installation of two, 30-minute time restricted parking spaces on E. 6th Street adjacent to his business in order to increase parking turnover for customers. Mr. Daniels stated that potential customers are unable to find parking on Highland Avenue and E. 6th Street, which impacts his business. Staff visited the site and verified that "Monte de Piedad" is located on the southwest corner of Highland Avenue and E. 6th Street. The business has a parking lot with six parking spaces, one of which is a handicap parking space. It shall be noted that the City recently completed construction of an enhanced crosswalk with corner bulbouts at the intersection of Highland Avenue and E. 6th Street, which resulted in the loss of one parking space on Highland Avenue in front of "Monte de Piedad". Staff measured the amount of curbside parking available on the south side of E. 6th Street adjacent to "Monte de Piedad." There is approximately 36 feet of unrestricted curbside parking available, which provides parking for two vehicles. Given the fact that the area of E. 6th Street between "G" Avenue and Highland Avenue is primarily residential and public parking is heavily utilized, staff deferred to the Traffic Safety Committee as to whether or not installation of time -restricted parking was appropriate. This item was presented to the Traffic Safety Committee on November 16, 2016. Letters were sent to area businesses and residents inviting them to attend the meeting. A representative from "Monte de Piedad" was in attendance and spoke in support of the 30-minute time restricted parking. There were no other members of the community present to speak on the item. One of the Committee members suggested 2-hour time restricted parking rather than 30-minute time restricted parking to be more sensitive to nearby residents. The representative from "Monte de Piedad" indicated he would support the 2-hour time restriction. The Traffic Safety Committee voted unanimously to approve installation of two, 2-hour time restricted parking spaces on E. 6th Street adjacent to "Monte de Piedad", located at 604 Highland Avenue. If approved by City Council, all work will be performed by City Public Works. 191 of 378 Location Map with Recommended Enhancements (TSC Item: 2016-19) Kew erogswalk with corner burbouts - resulted in loss of one parking space In front of business Proposed two, 2-hour time restricted parking spaces "Monte do Piodad" 604 Highland Avenue 6 parking .spaces for employees and customers of "Monte de Pledad" 192 of 378 4 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR NOVEMBER /6, 2016 ITEM TITLE: ITEM NO. 2016-19 REQUEST FOR THE INSTALLATION OF TWO (2) "30-MINUTE PARKING" ZONES LOCATED ON E. 6TH STREET ADJACENT TO THE BUSINESS LOCATED AT 604 HIGHLAND AVENUE (BY B. DANIELS) PREPARED BY: Luca Zappiello, Civil Engineering Technician Engineering & Public Works Department DISCUSSION: Mr. Brian Daniels, branch manager of "Monte de Piedad", located at 604 Highland Avenue, has requested time restricted parking on 6th Street adjacent to his business in order to increase parking turnover for customers. Mr. Daniels stated that the customers are unable to find parking on 6th Street and drive out of the area in order to find available parking spaces. Furthermore, Mr. Daniels stated that customers who visit the competitor business located across the street frequently occupy these parking spaces. Staff visited the site and verified that "Monte de Piedad" is located on the corner between E. 6th Street and Highland Avenue. The business has a customer parking lot with six (6) private parking spaces, including one handicap parking space. Staff verified that the area of E. 6th Street between "G" Avenue and Highland Avenue is primarily residential and public parking is heavily utilized. !n the last year, a public improvement was completed on Highland Ave that created a new crosswalk extension by removing one parking space on Highland Avenue, in front of "Monte de !'laded". Staff measured the amount of curbside parking available on the south side of 6th Street between the red curb and the entrance of the driveway. There is approximately 36 feet of unrestricted curbside parking available, which provides parking for approximately two (2) vehicles. Staff has sent notices to property owners in the nearby area of the intersection, encouraging them to contact staff and/or attend the Traffic Safety Committee Meeting. STAFF RECOMMENDATION: Staff defer from the Traffic Safety Committee for the recommendation to install of two (2) "30-minute parking" zones located on E. 6th street adjacent to the business located at 604 Highland Avenue. EXHIBITS: 193 of 378 1. Correspondence 2. Location Map 3. Photos 2016-19 194 of 378 ...4;filevtattititzt! CO 6Ar Y,f4Sis;, +A- 74 Mr. Fernandez, am writing in regards to our request for a time restricted parking zone between Highland Ave. and 6th St. There is a parking spot on the cub of 6th St facing north adjacent to our building, underneath a tree. The spot fits approximately two full sized vehicles for parking. It is a common occurrence that our customers suffer film! unavailable parking and are forced to park around the residential area surrounding our building due to the parking spaces mentioned above being taken up by other businesses. We feel it is in the best interest of all businesses surrounding the area to turn the above mentioned curb into a time restricted area so customers from all over can conduct business easily in the area. We feel anywhere from a 15 min. parking zone to a 30 min. zone would be appropriate for the curb between the business hours of gam - 6pm Monday thru Sunday or any other time restriction commonly approved by National City. We thank you in advance for your attention to this issue. incerelY, Brian Rani ‘'.-Z Branch Manager Monte de Piedad 604 Highland Ave. National City CA, 91950 ENG & PW DEPT. CITY OF NATIONFIL CITY ROOFM1:4bJUNPt8 195 of 378 Anzar Enterprises Inc. Dba Monte de Piedad. 604 Highland Ave E acional City CA, 91950 MD liNGUIN A] itliD Esteemed and Honorable Council Members of National City, 9TrTT111,118t7 Z Md af Pei We kindly ask for approval of the requested 20-minute green -zone parking for the spaces adjacent to our business Monte de Piedad, located at 604 Highland Ave in National City. We. have discovered that these requested parking spaces are used every day by our competition located across the street. We have asked them nicely to liberate these parking spaces for our customers, and they have constantly refused. We would highly appreciate if these parking spaces could be used by our valued customers and not by our own competitors. ! would also like to take a moment ent and thank you all for the street renovations that have been completed on Highland Ave north of 6th St. The neighborhood looks beautiful, and the new lights look wonderful. Thank you. We're highly appreciative of these renovations. Respectfully submitted, Omar Anzar Owner, Monte de Piedad 196 of 378 Location Map with Recommended Enhancements (TSC Item: 2016-19) Public amprovenaerit on Highland Avenue that created a new crosswalk ef1ierasion Proposed 36' (fwo (2) parking spaces) "30 minute parkingi" ULL,841,/ Business "Monte do Platted" located at 604 Highland Avenue Private parking (shr (6) private parking spaces) for the customers of Monte de Piedad" 197 of 378 >• _:fir f M���:i£ - - WO' propose-d 36' (two pi parking spaces) "30 minutia parking" Location of request to install 4430 minute" parking ,paces located on L. 6th Street (looking Southwest) • Lir Proposed 36' (two (2) parking spaces) "30 minute parking" Business "Monte de Piedad" located at 604 Highland Avenue Private parking (six (6) private spaces) for customers of "Monte de Location of request to install "30 minute" parking spaces located on E. 6th Street (looking Southeast) 198 of 378 CC/CDC-HA Agenda 12/6/2016 — Page 199 The following page(s) contain the backup material for Agenda Item: Public Hearing — Conditional Use Permit for a craft beer tasting room (Embarcadero Brewing) to be located at 340 West 26th Street, Suite "D". (Applicant: Jorge Molina) (Case File 2016-21 CUP) (Planning) 199 of 378 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: :December 6, 2016 AGENDA ITEM NO. ITEM TITLE: public Hearing — Conditional Use Permit for a craft beer tasting room (Embarcadero Brewing) to be located at 340 West 261h Street, Suite "D". (Applicant: Jorge Molina) (Case File 2016-21 CUP) PREPARED BY: !Martin Reeder, MCP PHONE: 336-4313 DEPARTMENT: IPi APPROVED BY: EXPLANATION: The project applicant has applied for a Conditional Use Permit (CUP) to sell beer for on -site consumption at a tasting room to be located in an existing brewing supply business located in Southport Business Center located south of Mile of Cars Way. Requested hours of operation of the tasting room are 11 a.m. to 9 p.m. Monday to Saturday. The tasting room would operate under a Type 23 (Small Beer Manufacturer) license with the California Department of Alcoholic Beverage Control (ABC). As part of the application, the applicant is asking for waiver of two conditions of approval. The Planning Commission voted to approve the Conditional Use Permit with a recommendation to the City Council that conditions 8 and 9 be waived. Because the conditions are related to City Council Policy 707 (Alcohol licensing), only the City Council may waive or modify said conditions, thus the public hearing rather than the usual Notice of Decision. The attached background staff report describes the proposal in detail. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) ORDINANCE: INTRODUCTION: 1 ' J FINAL ADOPTION: STAFF RECOMMENDATION: :Staff recommends approval of the Conditional Use Permit BOARD / COMMISSION RECOMMENDATION: IThe Planning Commission denied the Conditional Use Permit. Ayes: Baca, Bush, Flores, Garcia, Sendt, Yamane Absent: DeLaPa ATTACHMENTS: I1. Background Report 6. Community Meeting Information 2. Recommended Findings 7. Department and Agency commentO 3. Recommended Conditions 8 Census Tract & Police Beat Maps 4. Overhead & Site Photos 9. City Council Policy 707 5. Reduced Plans In Pi blic Hearing Notice 2000t3/ti I Finance MIS BACKGROUND REPORT Overview The project applicant has applied for a Conditional Use Permit (CUP) to sell beer for on - site consumption at a tasting room to be located in an existing brewing supply business located in Southport Business Center located south of Mile of Cars Way. Requested hours of operation of the tasting room are 11 a.m. to 9 p.m. Monday to Saturday, The tasting room would operate under a Type 23 (Small Beer Manufacturer) license with the California Department of Alcoholic Beverage Control (ABC), the application for which is in process and on hold pending the CUP application decision. Site Characteristics The project site is part of the Southport Business Center, which is located south of Mile of Cars Way and West of Hoover Avenue. The specific site is approximately 2.5 acres in size and is comprised of two buildings and 111 parking spaces. The westerly building, in which the business is located, is 21,488 square feet in size and has 16 suites. Proposed Use The applicant is proposing to convert Suite D, a 1,013 square -foot warehouse space into a craft beer tasting room, incorporating the brewing supply store. The business will brew products offsite and will operate six days a week, Monday through Saturday from 11 a.m. to 9 p.m. The tasting room is the subject of this Conditional Use Permit (CUP) application. The business space is currently an open floorplan with the exception of restrooms in the back left of the suite. The floor plan for the application shows the addition of a walk- in cooler and a seven -seat counter. The remainder of the floor space shows two four - seat tables and some booths along the left wall. However, the applicant has since stated that the booths will not be placed in this location, rather that brewing supplies would be placed along the wall. The tasting room would operate under a Type 23 (Small Beer Manufacturer) license with the California Department of Alcoholic Beverage Control (ABC). A Type 23 license allows for tasting rooms at a different location than the master license, although this will be the only location for now, and may serve their own beer only. ABC does not consider a Type 23 license as a retail license; therefore, high crime rate or over concentration of licenses in the census would not apply as part of the ABC process. As a non -retail license, the purveyor would also be allowed to sell to -go beer (sold in sealed containers 201 of 378 often referred to as growlers). Again, only the purveyor's beer would be permitted to be sold in this fashion. Analysis Section 18.30.050 of the National City Land Use Code allows for on and off -site alcohol sales with an approved Conditional Use Permit (CUP). Additional requirements for alcohol CUP's include expanded notification, a community meeting, and distance requirements. Mailing — All property owners and occupants within a distance of 660 feet are required to be notified of a public hearing for alcohol -related CUP applications, as was done in this case. 89 notices were mailed for this public hearing. The reason for the low number is the large size of surrounding properties and that they are owned by relatively few owners. Community Meeting — Pursuant to Section 18.30.050 (C), a community meeting was held Thursday, August 11, 2016 at 5:30 p.m. at the project site. With the exception of the four business owners, no other community members were in attendance. The meeting time ended at 6:30 p.m. Distance Requirements — Chapter 18.030.050 (D) requires that businesses that sell alcohol as a principal use maintain a 660-foot distance from schools. The nearest schools are Kimball Elementary School and Sweetwater High School, both of which are over 2,500 feet away. Food Truck Although not currently anticipated, tasting rooms often feature a food truck during peak times (e.g. weekends). Per Chapter 9.06.030 (C) of the Municipal Code, a food vending vehicle may park on private property, but may only sell, display or offer food or beverage product to the owner of such property or their agents, customers or employees. Should a food truck be featured in the future, operations would need to be consistent with this code section. A Condition of Approval (No. 12) has been added to require compliance with NCMC §9.06 (Food Vending Vehicles). Required findings The Municipal Code contains required findings for Conditional Use Permits. There are six required findings: 1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code. 202 of 378 The use is allowable within the Light Industrial (IL) zone as a retail use, pursuant to a Conditional Use Permit, and the proposed use meets the required guidelines in the Land Use Code for alcohol sales, as discussed in the staff report. 2. The proposed use is consistent with the General Plan and any applicable specific plan. Alcohol sales are permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the General Plan. A retail beer tasting room is a use that is consistent with the IL zone, which allows retail uses. In addition, there are no Specific Plans in this area. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity. No expansion of the building is proposed. The proposal would involve standard interior tenant improvements to provide the seating and serving areas, which is consistent with other commercial businesses in the area. 4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints. The proposed use would be within an existing retail suite in an existing commercial/industrial building, located in an existing commercial and industrial business park. Access to and from the site is provided by Hoover Avenue, a collector street operating at a Level of Service (LOS) of C. East 8th Street in this location is operating at approximately 20% of its capacity. In addition, the sale of alcohol is not expected to result in an increase in Average Daily Trips (ADT) such that the LOS would be affected. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located. The sale and consumption of beer would be approximately half of overall business sales. In addition, micro -scale breweries such as what is proposed are different in that the beer is of higher quality and is generally more expensive. Because of these reasons, the clientele tends to be less interested in overconsumption and more interested in quality, which results in less negative impacts than a bar or similar may generate. in addition, the 203 of 378 proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act. Staff has determined that the proposed use is categorically exempt from environmental review pursuant to Class 1 Section 15301 (Existing Facilities) for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. The reason for the exemption is that no expansion of the building is proposed and use of the building would be the same as non -conditionally allowed uses (commercial and retail enterprises), which would otherwise be permitted by right and not subject to CEQA. 7. That the proposed use is deemed essential and desirable to the public convenience or necessity. The alcohol sales will contribute to the viability of an existing brewing supply business, an allowed use in the IL zone. The tasting room, as part of the retail business, would be a draw for area and non -area residents alike. The tasting room would also help to activate the area and to contribute to the regional craft beer industry. Department and Agency Comments Alcohol Sales Concentration/Location — Per ABC, there are currently ten on -sale permits issued in the subject census tract (219). These permits are: Name Address License Type* Aunt Emma's Pancakes 214 National City Blvd 41 Club 13 640 Civic Center Dr 40 Stoney's Bar & Grill 108 W 25m St 47 Papa Gallo Cafe 1930 Cleveland Ave 41 The Waterfront Grill 3201 Marina Way 47 Chipotle Mexican Grill 404 Mile of Cars Way 41 Goodies Bar & Grill 740 Bay Marina Dr 47 Goody's Sushi & Grill 2424 Hoover Ave 41 Clarion National City 700 National City Blvd 47 Eagles Aerie 2712 1131 Roosevelt Ave 51 * Type 40 - On -Sale Beer Type 41 - On -Sale Beer and Wine for Bona Fide Public Eating Place Type 47 - On -Sale General for Bona Fide Public Eating Place Type 51 - Club 204 of 378 Eight of the other on -sale licenses are restaurants, one is a bar, and the other a fraternal organization. Census tract 219 is comprised of the whole west side of the City from National City Blvd. to San Diego Bay. The attached census tract map shows the location of the subject tract. ABC recommends a total of eight on -sale alcohol permits be issued in this census tract, where ten exist. Although the census tract is over -concentrated, the licenses are spread out over a large geographic area. Police Department Consistent with recent policy, PD provided a Risk Assessment report on the property. The assessment assigns points based on the type of business, license concentration, and calls for service (among others) and ranks the business according to potential risk (low, medium, or high). In this case, Embarcadero Brewing received 13 points, which would indicate a medium risk (13-18 points). The Risk Assessment is attached. Institute for Public Strategies (IPS) The Institute for Public Strategies provided comments on the proposed CUP application. They recommend that if the CUP is approved that training be provided for all owners, management, and staff (covered under condition no. 7). Comments are attached for your review. Conditions of Approval Standard Conditions of Approval have been included with this permit, as well as conditions specific to on -sale alcohol sales per Council policy 707 (hours of operation, employee training, accessory sales, etc.). The applicant is requesting the waiver of the following two conditions: 8. The sale of alcohol shall not exceed gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no Tess frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 9. Alcohol shall be available only in conjunction with the purchase of food. The reason for the request is because although there will still be a retail brewing supply business on site, sales of alcohol for consumption on site would be the primary activity and will likely exceed the sales of other items. Additionally, no food would be served at 205 of 378 the business. If the Planning Commission is amenable to the waiver of the specific Conditions of Approval (No. 8 and 9), said recommendation should be part of the motion to approve (see "Options"). All conditions contained in Council policy 707 are required for new alcohol CUP's. Only the City Council may waive a policy condition, although it would be pertinent for the Planning Commission to make a recommendation one way or the other in the case of a waiver request. In order for the Council to waive or modify a condition, they would need to hold another public hearing after the Planning Commission makes its decision. Staff Recommendation Staff is recommending approval of this CUP request and is supportive of the condition waiver request (Conditions 8 and 9) in that only a Type 23 licensee would be permitted at this location under this CUP. If a retail license (restaurant, bar, etc.) request was received, a modification of this CUP would be required. Staff is of the opinion that craft beer sales would contribute to the regional craft beer industry and spur similar uses in the City, which could create a draw to National City and benefit other area businesses from additional exposure. Planning Commission Action Planning Commission conducted a public hearing on November 7, 2016. The Commission asked questions related to closing times, food truck regulations, and conditions of approval. The Planning Commission voted to approve the Conditional Use Permit with a recommendation to the City Council that conditions 8 and 9 be waived. Because the conditions are related to City Council Policy 707 (Alcohol licensing), only the City Council may waive or modify said conditions, thus tonight's public hearing rather than the usual Notice of Decision. Summary The proposed use is consistent with the General Plan, because the proposed retail beer tasting room is a use that is consistent with the 1L zone, which allows retail uses. The use is also consistent with other commercial businesses in the area. The business will be subject to standard conditions of approval along with those in Council policy 707 related to alcohol sales. The applicant is requesting the waiver of two of the conditions in the Policy (No's. 8 and 9), which staff is supporting. The proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available, and would be a draw for area and non -area residents alike. The tasting room would also help to activate the area and to contribute to the regional craft beer industry. 206 of 378 RECOMMENDED FINDINGS FOR APPROVAL 2016-21 CUP — 341 West 26th Street 1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because the Land Use Code specifies alcohol sales as a conditionally -allowed use in the Light Industrial (IL) zone, and the proposed use meets the required guidelines in the Land Use Code for alcohol sales, as discussed in the staff report. 2. The proposed use is consistent with the General Plan and any applicable specific plan, because alcohol sales are permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the General Plan. A retail beer tasting room is a use that is consistent with the IL zone, which allows retail uses. In addition, there are no Specific Plans in this area. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because no expansion of the building is proposed. 4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, because the proposed use would be within an existing retail suite in an existing commercial/industrial building, located in an existing business park, and because access to and from the site is provided by Hoover Avenue, a collector street operating at a passing Level of Service (LOS) of C and below capacity; the project is not expected to result in an increase in Average Daily Trips (ADT) such that the LOS would be affected. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, .or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the sale and consumption of beer would be approximately half of overall business sales. In addition, micro -scale breweries such as what is proposed are different in that the beer is of higher quality and is generally more expensive. Because of these reasons, the clientele tends to be less interested in overconsumption and more interested in quality, which results in less negative impacts than a bar or similar. In addition, the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. 207 of 378 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act, because staff has determined that the proposed use is categorically exempt from environmental review pursuant to Class 1 Section 15301 (Existing Facilities) for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. The reason for the exemption is that no expansion of the building is proposed and use of the building would be the same as non -conditionally allowed uses (commercial and retail enterprises). 7. That the proposed use is deemed essential and desirable to the public convenience or necessity, because the alcohol sales will contribute to the viability of an existing brewing supply business, an allowed use in the IL zone. The tasting room, as part of the retail business, would be a draw for area and non -area residents alike. The tasting room would also help to activate the area and to contribute to the regional craft beer industry. 8. That based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. 208 of 378 RECOMMENDED CONDITIONS OF APPROVAL 2016-21 CUP — 341 West 26th Street General 1. This Conditional Use Permit authorizes a beer tasting room at 341 West 26th Street, including sales of sealed containers (commonly known as growlers) for off -site consumption (per ABC Type 23 license regulations). Only beer produced by the master licensee under a Type 23 (small beer manufacturer) license may be sold and/or consumed at this location. The serving and consumption of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit A, Case File No. 2016-21 CUP, dated 8/16/2016. 2. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in the Municipal Code. 3. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 4. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 6. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Executive Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the City Manager or designee prior to recordation. Planning 6. Alcohol sales shall be limited to the hours of 11 a.m. to 9 p.m. Monday to Saturday. 7. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a 209 of 378 city business license. As part of the RBSS training, the pemiittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 8. The sale of alcohol shall not exceed gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of alb other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand (applicant requesting removal of this condition). 9. Alcohol shall be available only in conjunction with the purchase of food (applicant requesting removal of this condition). 10.The consumption of alcoholic beverages is prohibited outside of the building. The permittee shall post signs, to be approved by the Planning Department, at the entrances and exits to the building prohibiting consumption of alcohol beyond those points. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "No consumption of alcohol is allowed beyond this point." b. "No open alcoholic beverage containers a re allowed beyond this point." 11. All activities shall abide by the limitations contained in Table I1! of Title 12 (Noise) of the National City Municipal Code. 12.AII activities involving the sale of food from a food truck or similar apparatus shall be consistent with Chapter 9.06 (Food Vending Vehicles) of the National City Municipal Code. 13. The proposed alcohol sales, service, and consumption shall abide by all applicable rules and regulations as stated by the California Department of Alcoholic Beverage Control (ABC), In the case that any of these conditions violate any laws, rules, or regulations administered by ABC, the laws, rules, or regulations shall govern. Police 14. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, serving, and consumption of alcoholic beverages. Fire 15. Plans submitted for improvements must comply with the current editions of the Califomia Fire Code (CFC) and National Fire Protection Association (NFPA). 210 of 378 16. Fire alarm and fire sprinkler systems shall be evaluated and installed for the intended use per code. An automatic sprinkler system may be required if an A-2 occupancy Toad exceeds 100 or more. 17. Please contact the National City Fire Department for information on a liquid carbon dioxide alarm system, which may be required for this business. 211 of 378 r. • 2016-21 CUP — Embarcadero Brewing — Overhead �E nw"j .t d i:Y4 t fsw,...if a A,rd 5i1pp.;w 212 of 378 201f0"-- I CUP—Embarcadero Brewing — Si,‘ —'Photos Looking southwest from Parking Lot Looking south at front of suite 213 of 378 Looking south into suite Interior showing approximate counter location 214 of 378 EXHIBIT: - CASE FILE NO.: 2.01(2 - z I wee DAB SIto)a Rt� IIIIPI -' Yet Y il I i U CATFe erMiglia TITA I- F PtIUOILL _Am !Mead e'eem 1 215 of 378 Linhttr ca€ ero Brewing € nd Supply (i omparlY Craft Beer Tasting Room — Public Meeting -ivo'S;day August 11, 2016 @ 5:30-6:30pm 340 West 26th Street, Suite D National City, CA 91950 www. a mb ar ca derob r ewin 2. com Dear Residents and Business Owners, Embarcadero Brewing and Supply Company (EBSC) is excited to announce the future opening of our craft beer tasting room located at: 340 West 26th Street, Suite D National City, CA 91950 In compliance with the National City Conditional Use Permit (CUP) requirement, we're notifying all residents and business owners surrounding the area with our proposal to sell our craft beer at the specified location. Embarcadero would like to invite you to a community meeting on N. rs•;ciay August 11, .ifrom 5:30-6:3Up;1: to discuss the proposal and address any questions or concerns at the address listed above. If you have any questions or concerns prior to the meeting, please reach us at (619) 336-1856 or via email at ebc.brewing@gmail.com Best Regards, Embarcadero Brewing and Supply Company Arturo Pena — Owner Gustavo Molina -- Owner Jorge Molina — Owner Marco Pena - Owner 216 of 378 ;$10,4414:-.- , .....„. . . ,..., Project Embarcadero Brewing and Supply Company Meeting Date: August 11, 2016 Facilitator: Art Pena, Gustavo Molina, Jorge Molina, Marco Pena Place/Room: 340 W26th Suite D, National City time 411..pe f-P4 Corpay bfi r oder-r) ELM a/4 4bFrzz 33 ‘-iv51, 3 341 - te5- 354 33 6 - ig51 jareiv r1)75, 4 dm, it, ray)) 6 i.diM/PI rein ebC. ,4ritor .frnff (Awl .e e b Page 1 of 1 217 of 378 Embarcadero Brewing and Supply Company Meeting Minutes August 11, 2016 • 5:30pm — started meeting • 5:40pm -roll call • 6:00pm — zero attendees • 6:25pm — zero attendees • 6:30pm — meeting closed 218 of 378 NATIONAL CITY POLICE DEPARTMENT ALCOHOL BEVERAGE CONTROL RISK ASSESSMENT DATE: 10/20/2016 BUSINESS NAME: Embarcadero Brewing Company ADDRESS: 340 West 26th Street, National City, CA 91950 OWNER NAME: Jorge Molina DOB: 03/11/1976 OWNER ADDRESS: 2020 "J" Avenue, National City, CA 91 950 (add additional owners on page2) I. Type of Business Restaurant (1 pt) Market (2 pts) Bar/Night Club (3 pts) f Tasting Room Opt) II. Hours of Operation Daytime hours (1 pt) J Close by l 1prn (2 pts) Close after 11pm (3 pts) III. Entertainment Music (1 pt) Live Music (2 pts) Dancing/Live Music (3 pts) No Entertainment (0 pts) IV. Crime Rate Low (1 pt) f Medium (2 pts) High (3 pts) V. Alcohol Businesses Der Census Tract Below (1 pt) Average (2 pts) J Above (3 pts) Notes: Revised:8/16 1 of 2 219 of 378 National City Police Department ABC Risk Assessment VI. Calls for Service at Location (for previous 6 months) Below (1 pt) ,I Average (2 pts) Above (3 pts) VII. Proximity Assessment (1/4 mile radius of location) Mostly commercial businesses (1 pt) Some businesses, some residential (2 pts) Mostly residential (3 pts) VIII. Owner(s) records check No criminal incidents (0 pts) ,/ Minor criminal incidents (2 pts) Multiple/Major criminal incidents (3 pts) Low Risk ( 12pts or less) Medium Risk (13— 18pts) High Risk (19 — 24pts) Total Points 13 OWNER NAME: DOB: OWNER ADDRESS: OWNER NAME: DOB: OWNER ADDRESS: Recommendation: Completed by: Sergeant Shepherd Revised: 8116 2 of 2 Badge ID: 402 220 of 378 50UTh PLAY MUNTY CHANGE ,JECT A project of tile Institute for Mc5trategies Environmental Scan for Alcohol License C.T.P. Craft Beer Tasting and Homebrew Supply Store 340 West 26111 Street, National City, CA 91950 August 23, 2016 �'♦ i t r Y 'lit, ft, h Photo of empty building for Craft Beer Tasting and Homebrew Supply Store in National City Google Earth View of 340 West 26th Street and Surrounding Area This environmental scan is for a Conditional Use Permit for a Craft. Beer Tasting Room and Homebrew Supply Store to be located at 340 West 2e Street in National City, The business is located east of the 5 Freeway and west of National City Blvd. in National City. An environmental scan was conducted on Tuesday, August 23, 2016. The proposed Craft Beer Tasting Room and Homebrew Supply Store will be located in an existing industrial building with multiple suites on the southeast corner of Southport Way and West 26th Street in a Light Industrial (IL) zone. The applicant is proposing to convert Suite D, a 1,013 square feet warehouse space, into a craft beer tasting room and a hornebrew supply store. The business will brew products offsite and will operate six days a week, Monday through Saturday from 11:00 a.m. to 9:00 p.m. During a scan of the business and property the following was noted: There are currently 3 on sale alcohol retail business within a block and'/a of the proposed site. The business is located in an area with other local businesses in the immediate area. Funded by the San Diego County Hearn and Human Services Agency 2615 Camino del Rio So. #300 • San Diego, Carrfornia, 92108 *Phone; 619.476-9100 • Fax: 819.4764104 www.publicstraSegies.org 221 of 378 Youth Sensitive Areas The business is not located near any youth sensitive areas. Churches The business is not located near any youth sensitive areas. Outlet Density According to the ABC, eight (8) on -site licenses are authorized for Census Tract 0219.00, the census track within the area of which 340 West 26th Street is located. Currently there are ten (10) on -sale licenses issued for the Census Tract is 0219.00. Red Pin Depict Applicant's Location for the proposed Craft Beer Tasting Room and Homebrew Supply Store at "340 West 26th Street" in National City. Yellow Circles Depict Existing Alcohol. Outlets in Applicant's Census Tract and Other Nearby Census Tracts Map from ABC.CA.Gov Website Showing Alcohol Outlets in National City ihR Soul- b=.y Community Prc4eal is o proved• f th e Nnsigute io? Ysirt Strrteaies end is lunged by tins Sr.aUiege Couriiy WeaRh and Humv;rs Services Aga^cy M1:: Cris: iro ael Rio Sa iq : ' Sir CisQa Ceiifczca, 9i1 DCi • Parr 618 476-310D ^ Fax 6)3 47881 O 1 www pubirssuatogies.org 222 of 378 Census Tracts Off -Sale Qa-Sale Tract 0219.00 Establishment 4v within this tract Allowed: 4 Actual: 6 Number Above/Below Allowable: - +2 Allowed: 8 Actual: 10 Above/Below: +2 Neighboring Census its ._ Tract 0116.01 Allowed: 3 Actual: 3 Number Above/Below Allowable: — Allowed: 7 Actual: 9 Above/Below: +2 Crime Rate Refer to National City Police Department for crime data. Considerations Should a CUP be issued we would recommend that: Staff, management, and owner be required to attend the Responsible Beverage Sales and Service training. The Smirk Say Community Chime Project is a project of Om Insaiuie for Public Strategies and is funded by the San Diego Coss* fiea4h and Human Services Agency 2815 Canann del its So a300 • San Diego, Ca lm .92108 • Phone: Bib 47690i0 • Fay 619476 )104 . wwwpulaissiatsgses,org 223 of 378 August 25, 2014 CensusTracts 2010 1:45, 467 0 0.375 0.75 1.5 rrd 0 0.5 1 2km Sauces: Esr.J, HERE, DBLnnne, TontTcm, InHrnw, IrEremenl P Cap.., GEBCO, USGB. FAO, PPS, NRC RI, GeoBese, IGN, Kedaseer ML, Cl dr2ma Sum, SW Altai, METI, Ee6 China [tong Kong}. swIsstopo, Maptnylndla [+ Cpe,StraelM ap a,rdtbutus, and the GIS User Co rMlUnit 224 of 378 Copyright fltptIv11109-200p tattoo* Carp brew andlor Xs suppliers All Ce*Airep Ong nit direct] on Pats 0 2006 NAVTE0 AU ephis Amend Alt rote nr sense TeisAas and Tide Mae IftlriArnarge era tadetnarkt olTele ssi:.;:-.* • • J - . • OWL Yfuta • normal Rocs Pia ORA.* Anighlitasenvas', T.10Als Source: Microsoft Mappoint NCPD CAU, 4/18/07 City of National City Beat 24 225 of 378 CITY COUNCIL POLICY TITLE: Alcohol Beverage License Application Review Process and Alcohol Conditional Use Permit Standards. POLICY NUMBER: 707 ADOPTED: November 12, 1991 AMENDED OR REVISED: August 16, 2011 PURPOSE/BACKGROUND: To streamline the process of alcohol license application review to ensure timely staff responses and/or protests to the Department of Alcoholic Beverage Control regarding these applications. The City Municipal Code requires Conditional Use Permits for the sale of alcohol. Such land use regulation is designed to ensure that the health, safety and welfare of the community do not become negatively impacted. In order to minimize any potential adverse effects of alcohol sales for both on and off -site consumption, including public drunkenness, disorderly conduct, illegal sales or domestic violence, the City adopts conditions of approvals and enact policies designed to protect the public from such effects. The following sets forth the City Council's policy on the applicable alcohol standards for Conditional Use Permit applications for both on and off -sale alcohol sales, as well as the Department of Alcoholic Beverage Control application notification requirements. POLICY: The Department of Alcoholic Beverage Control (ABC) sends copies of all alcoholic beverage license applications to the Police Department. The City has thirty days from the date of the ABC mailing to provide comments to the ABC. If no protests are received within that time period, the ABC issues the license. The Police Department is responsible for ensuring that an appropriate Conditional Use Permit (CUP) exists for the applicant business. If such a CUP exists, the copy of the application is simply filed by the Police Department in the existing file with the notation that there were no objections to the issuance of the license. If it is a new (in the case of an "original" license application) or expanding business or one seeking a license to effect a premises transfer, and no CUP exists, the Police Department is responsible for sending a letter to the ABC protesting the issuance of the license until a CUP is issued by the City. Whenever such a protest letter is sent to the ABC, that agency notifies the applicant that they must begin the process of obtaining a CUP with the City's City of National City — City Council Policy 707 1 226 of 378 Planning Department and that the issuance of the alcoholic beverage license will be delayed until such time as the protest is withdrawn. Once a CUP has been issued, the Planning Department notifies the Police Department of that issuance and it is then the responsibility of the Police Department to notify the ABC that the protest is withdrawn. The CUP application, approval and issuance process is such that it provides all the checks, balances and controls necessary to ensure that businesses seeking alcoholic beverage licenses are in compliance with local standards. These conditions of approval shall apply to all new Conditional Use Permits (CUP's) for the sale of alcohol for on and/or off -site consumption and modifications of existing CUPs for such sales as specified by the preceding parenthetical references with each condition. These references specify to which type of alcohol CUP being applied for the conditions would apply to — on -sale (restaurant, bar, etc.) or off -sale (market, grocery store, etc.). Regulation of these conditions and allowances shall be enforced through the Conditional Use Permit process, specifically conditions of approval to read as follows: 1. (off sale alcohol) The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 2. (off -sale alcohol) No beer products shall be sold of less than manufacturer's pre -packaged three -pack quantities of 24 ounce cans per sale. There shall be no sale of single cans or bottles. 3. (off -sale alcohol) No sale of wine or distilled spirits shall be sold in containers of less than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 4. (off -sale alcohol) Flavored malt beverages, also known as premium malt beverages and flavored malt coolers, and sometimes commonly referred to as wine coolers, may be sold only by four -pack or other manufacturer's pre- packaged multi -unit quantities. 5. (off -sate alcohol) The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking Tots and outbuildings and any property or adjacent property under the control of the applicant. 6. (off -sale alcohol) All cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be given free of charge. 7. (off -sale alcohol) Ice may be sold only at or about prevailing prices in the area and in quantities of not Tess than three pounds per sale. Ice shall not be provided free of charge. 8. (off -sale alcohol) The display of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit _, Case File No. _,, dated _. City of National City — City Council Policy 707 2 227 of 378 9. (off -sale alcohol) Permittee shall post signs on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Additionally, the permittee shall post signs, to be approved by the Planning Department, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be Tess than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed." 10. (off -sate alcohol) Containers of distuled spirits may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 11. (off -sale alcohol) Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 12. (off -sale alcohol) The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace. Officer of the California Department of Alcoholic Beverage Control upon demand. 13. (on and off -sale alcohol) All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 14. (on sale alcohol) The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 15. (on -sale alcohol) Alcohol shall be available only in conjunction with the purchase of food. City of National City — City Council Policy 707 3 228 of 378 16. (on -sale alcohol with patio) Permittee shall post signs in the patio dining area, including all exits to outdoor seating areas, indicating that alcoholic beverages must be consumed inside the restaurant or patio area and may not be taken off -premises. The sale of three -packs of 24-oz cans of beer shall apply retroactively to all existing off -sale CUPs where a condition exists limiting sales to no Tess than six-pack quantities. However, businesses wishing to avail themselves of this modification must conform with all regulations of the Department of Alcoholic Beverage Control (ABC). The Council may, at its sole discretion, choose to waive or modify any of the above conditions. City of National City — City Council Policy 707 4 229 of 378 CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a Public Hearing after the hour of 5:00 p.m., Tuesday, December 6, 2016, in the City Council Chambers, Civic Center, 1243 National City Blvd., National City, CA., to consider: CONDITIONAL USE PERMIT FOR A CRAFT BEER TASTING ROOM TO BE LOCATED AT 340 WEST 26TH STREET, SUITE D The Planning Commission conducted a public hearing at their meeting of November 7, 2016 and voted to recommend approval of the Conditional Use Permit by a vote of 5 to 1 with one member absent. Anyone interested in this matter may appear at the above time and place and be heard. If you challenge the nature at the proposed action in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice, or in written correspondence delivered to the undersigned, or to the City Council of the City of National City at, or prior to, the Public Hearing. November 23, 2016 Michael R. Dalla, CMC City Clerk 230 of 378 CC/CDC-HA Agenda 12/6/2016 — Page 231 The following page(s) contain the backup material for Agenda Item: Public Hearing — Proposed Street Vacation of a segment of "A" Avenue located south of East 28th Street and north of East 29th Street. *Hearing reopened at City Council Meeting of September 6, 2016* (Applicant: Frank Motors) (Case File No. 2013-23 SC) (P1 231 of 378 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 6, 2016 AGENDA ITEM NO. ITEM TITLE: Public Hearing — Proposed Street Vacation of a segment of "A" Avenue located south of East 28th Street and north of East 29th Street. *Hearing reopened at City Council Meeting of September 6, 2016* (Applicant: Frank Motors) (Case File No. 2013-23 SC). PREPARED BY: Martin Reeder, AICP DEPARTMENT: Plan PHONE: 619-336-4313 APPROVED BY: EXPLANATION: The applicant proposes to vacate "A Avenue south of East 28th Street to mid -block (where East 29th Street was historically located). The area to be vacated is proposed to be incorporated into a new Subaru vehicle dealership. City Council held multiple public hearings between December 16, 2014 and June 21, 2016. At the June 21st hearing the City Council closed the public hearing and asked staff to bring back a resolution for denial of the street vacation request based on current and prospective public use. At the Council meeting of August 2nd a vote to adopt the denial resolution failed, at which time the Council asked staff to bring back a subsequent resolution to approve the vacation request. On August 16th, adoption of the resolution failed for lack of a second. The City Council asked staff to return with a second denial resolution at a subsequent meeting. At the meeting of September 6th, the Council voted to reopen the public hearing and asked the applicant to provide additional traffic impact analysis. The attached background report describes the project and previous action in detail. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: 'Exempt pursuant to CEQA, Section 15305 (Minor Alterations in Land Use Limitations) ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Close the public hearing and direct staff to return with a resolution taking action on the street vacation request. BOARD / COMMISSION RECOMMENDATION: The Planning Commission determined the Street Vacation request complies with the General Plan. Vote: Ayes — Alvarado, Baca, Bush, DeLaPaz, Flores, Garcia, Pruitt ATTACHMENTS: 1. Location Map 2. Background Report 3. Recommended Conditions 4. Project Plans 5. Traffic Study 6. Public Hearing Notice 232 of 378 OM Vacation Area Zone Boundary 0 55 110 I Feet 220 APN: vacation (nia) Planning Commission Location Map 2013-23 SC 233 of 378 11.5.14 BACKGROUND REPORT Previous Action The City Council held multiple public hearings between December 16, 2014 and June 21, 2016. At the June 21st hearing the City Council closed the public hearing and asked staff to bring back a resolution for denial of the street vacation request based on current and prospective public use. At the Council meeting of August 2nd, a vote to adopt the denial resolution failed, at which time the Council asked staff to bring back a subsequent resolution to approve the vacation request. On August 16th, adoption of the resolution failed for lack of a second. The City Council asked staff to return with a second denial resolution at a subsequent meeting. At the meeting of September 6th the Council voted to reopen the public hearing and asked the applicant to provide additional traffic impact analysis. Traffic Analysis Council requested that the applicant conduct additional traffic analysis to determine if the closure of "A" Avenue would necessitate a traffic Tight at National City Blvd. and East 28th Street. Stack Traffic Consulting (the consultant that performed the three previous analyses for this project), collected data during two consecutive weekdays while Sweetwater High School was in session. The data was collected from the following five locations: • National City Boulevard, between 28th Street and 30th Street • "A" Avenue, between 28th Street and 30th Street • 28th Street, immediately east of National City Boulevard • 28th Street, immediately east of "A" Avenue • 30th Street, immediately east of National City Boulevard The updated analysis of the National City Boulevard and 28th Street intersection included the following scenarios: • Existing Conditions • Existing Conditions with "A" Avenue Street Closure • Near -Term Conditions without Frank Subaru Superstore project (with "A" Ave Closure) • Near -Term Conditions with Frank Subaru Superstore project (with "A" Ave Closure) • Long -Term Conditions without Frank Subaru Superstore project (with "A" Ave Closure) 234 of 378 • Long -Term Conditions with Frank Subaru Superstore project (with "A" Ave Closure) The findings of the analysis showed that the addition of traffic generated by the combination of the "A" Avenue street closure and the proposed Frank Subaru Superstore project under both near -term conditions and long -teem conditions would result in significant impacts at the un-signalized intersection of National City Boulevard and 28th Street. Therefore, mitigation measures are required to improve conditions to levels that are Tess than significant. In order to mitigate the significant impacts caused by the project under near -term and Tong -term conditions, it is recommended that the project be conditioned to install a traffic signal at the intersection of National City Boulevard and 28th Street prior to completion of the Frank Subaru Superstore. Installation of a traffic signal at National City Boulevard and 28th Street would improve access to and from the project site as well as the surrounding neighborhood. Signal warrants are met based on the addition of traffic generated by the combination of the "A" Avenue street closure and the proposed Frank Subaru Superstore project. The applicant would be required to pay for mitigation measures necessitated by impacts created by their project. Public Notice This has been an open process, which has provided public outreach above and beyond the normal noticing required for a street vacation application. The normal requirement is for all property owners within 100 feet of the area to be vacation to be notified. In this case, notice has been provided, both in the newspaper and in writing via mail, to all property owners and occupants within 300 feet of the total expected project area (including 130 East 28th Street), with the addition of all homes in the immediately adjacent residential community (even if not within 300 feet). A total of 86 notices were mailed out. The newspaper advertisement has been published for two consecutive weeks. Public Correspondence As of the writing of this report, no public correspondence has been received. Any information received after publishing of the report will be provided to the Council at the public hearing. There were several letters received and speakers present at previous hearing. All of this information was considered by the Council at previous hearings and is part of the overall record, which is on file with the Planning Department. Most of the concerns were related to increased traffic in the neighborhood and the unsafe nature of the National City Blvd. and 28th Street intersection, which has heretofore been un- signalized. 235 of 378 Summary The General Plan Circulation Element does not identify the area as a major road (arterial or collector), and the proposed street vacation does not conflict with the policies and goals of the General Plan. Furthermore, the traffic counts in this location are low and largely attributed to the applicant. All occupant and emergency access will be maintained with relation to the businesses operating on the street, both north and south of the proposed vacated street, and the circuity caused by the closure is minor, albeit less convenient. Impacts to southbound National City Blvd. access would be mitigated by the addition of a traffic light at the intersection of National City Blvd. and 28th Street. Finally, ample notice has been provided to owners and occupants in the area. Options 1. Close public hearing and direct staff to return with resolution ordering vacation of the subject segment of "A" Avenue; or 2. Close public hearing and direct staff to return with resolution denying the vacation of the subject segment of "A" Avenue; or 3. Continue the public hearing for addition information to be provided at a subsequent hearing, 236 of 378 The following information is the same as presented in previous background reports: Site Characteristics The segment of "A" Avenue proposed to be vacated is 60 feet wide and 250 feet long (15,000 square feet). This block is located between East 28th Street and the former East 29th Street (29th Street was closed in 1968). This portion of "A" Avenue is fully developed with two traffic lanes, approximately 18 cars worth of on -street parallel parking on sides, curb, gutter, and sidewalk. The proposed right-of-way to be vacated currently provides access to the two adjacent properties occupied by Frank Motors. The west property is a former Dodge dealership and the east property a parking lot that serves as storage for newly delivered vehicles for Frank Motors dealerships in the City (Hyundai, Scion, Toyota, and Subaru). Proposal The applicant proposes the vacated street to be used as a parking lot and delivery driveway for the dealership. As part of the vacation, the applicant will construct a cul-de- sac at the south end of the vacated area (approximately mid -block), which will allow traffic to safely turn around and exit the area, as well as to not impede ingress/egress for area businesses. Gates would be installed at each end of the area to be vacated. The applicant is currently redeveloping their property on National City Blvd. with a new Subaru dealership (not part of this request). Originally, the applicant owned the two properties on either side of the area requested to be vacated. These parcels comprised the former San Diego Dodge dealership on National City Blvd. and the current dealer vehicle storage lot on the southeast corner of "A" Avenue and East 28th Street. The applicant purchased the residential property adjacent to the storage lot (130 East 28th Street) last year and has since cleared the property, which is zoned Service Commercial (CS), the same as the storage lot. The intention of Franks Motors is to incorporate the former residentially -developed lot into their dealership activities. This will likely be either an expansion of their vehicle storage area or a check -in area for newly -delivered vehicles. The latter use would be considered auto repair, which is permitted by right in the CS zone. Storage of vehicles would require a Conditional Use Permit (CUP), which would be a separate and future application process. If the street is vacated, the applicant intends to provide access to 130 East 28th Street through the vacated portion of "A" Avenue. This would take all traffic associated with the business off of East 28th Street. Frank Motors has two plans (Options A and B) that were presented at previous meetings. Option A requires the vacation of "A" Avenue and would allow for the Subaru 237 of 378 Superstore, offloading of vehicles on private property, and elimination of vehicle traffic from East 28th Street. This is the "prime" option. According to information provided by the applicant, vacation of "A" Avenue would result in the following: • $20,000,000 in increased Subaru revenue • $2,500,000 increase in Toyota service/parts revenue • All vehicle deliveries will take place on dealership property creating a safe environment for employees, transport drivers, and area residents • Elimination of dealership traffic and an entrance on East 28th Street within the neighborhood (former residentially -developed property) • Landscape screening wall constructed along East 28th Street visually shielding the dealership property from the adjacent neighborhood • Cul-de-Sac at south end of "A" Avenue vacation plus conversion of existing driveway aprons to curb/gutter along remaining portion of "A" Avenue for added parking • Gates at both ends of the property for access Option B is the applicant's secondary plan and would only be pursued if no vacation is granted. In this scenario, the applicant would develop the former residentially - developed property into a pre -delivery inspection (PDI) facility that would likely continue to access East 28th Street. This use would be permitted by right as auto repair and would require no City approvals with the exception of construction permits and a business license. Option B could result in approximately 12,000 additional vehicle trips per year on East 28th Street east of "A" Avenue due to traffic to and from the PDI facility. Street Vacation process Adopted in January 2006, the City's Street Vacation Procedures require the City Council to initiate a request to vacate any public streets. The Council initiated the subject request on August 19, 2014. Pursuant to the Streets and Highways Code, Section 8313 and the Street Vacation Procedures, the Planning Commission must determine whether a proposed vacation is consistent with the General Plan and forward the recommendation to the City Council. Planning Commission reviewed the street vacation for conformance with the General Plan at a hearing on November 17, 2014. The Commission determined that the Street Vacation as described was in compliance with the National City General Plan, since the portion of "A" Avenue to be vacated serves minimal non -area occupant traffic and is not identified as an arterial or collector street in the Circulation Element of the General Plan. Furthermore, all resident and emergency access will be maintained. If the Council 238 of 378 wishes to approve the closure, an order to vacate would come back at a subsequent meeting along with a resolution of approval. Analysis The portion of "A" Avenue to be vacated is fully developed, although it is not identified as an arterial or collector street in the Circulation Element of the General Plan. There are also utilities that reside in the area to be vacated, including water mains, power and telephone poles, and a sewer main. If vacated, access to all utilities would need to be maintained or abandoned/relocated as required. Comments were also received from the Fire Department, who requires emergency access (e.g., Knox box, strobe -activated gates) to the property in the case that automatic gates are used. Recommended Conditions of Approval that reflect these requirements are attached. General Plan Conformance The properties either side of the street were vacant for some time after the recent economic downturn. Frank Motors is a recent tenant and has been looking to expand business operations since purchasing the property across "A" Avenue. Their intent is to eventually amalgamate the properties and redevelop the dealership, should the properties be combined. Assembling the parcels would increase the efficiency and potential of the property, which would make the business more successful. This would in turn provide benefits to the City through taxes and employment. This scenario is consistent with General Plan policies related to Goal LU-7: The efficient use of land and infrastructure, specifically, the following policies: • Policy LU-7.1: Establish incentives to promote the use and development of vacant infill parcels and the intensification of land uses on underutilized parcels to realize the greatest benefit to the community. • Policy LU-7.6: Support the strategic conversion of certain sections of streets into developable land only where the conversion positively contributes to the redevelopment and revitalization of the area, improves traffic safety, and does not impede emergency access. However, there are also policies in the General Plan that the proposed vacation could potentially conflict with, specifically, the following policies: • Policy C-2.2: Enhance connectivity by eliminating gaps and barriers in roadway, bikeway, and pedestrian networks. 239 of 378 • Policy C-8.8: Provide a continuous pedestrian network within and between neighborhoods to facilitate pedestrian travel free from major impediments and obstacles. It should be noted that the street in this location does not produce a major amount of traffic, other than from adjacent businesses. In addition, there is no neighborhood to speak of south of 30th Street in this area. Given that the majority of traffic is generated by the applicant, and that the other users south of the project area on "A" Avenue will maintain access, the latter policies do not carry as much weight as the former policies. Streets and Highways Code The City's Street Vacation Procedures require compliance with the California Streets and Highways Code; specifically, the following: 8324. (a) At the hearing, the legislative body shall hear the evidence offered by persons interested. (b) If the legislative body finds, from all the evidence submitted, that the street, highway, or public service easement described in the notice of hearing or petition is unnecessary for present or prospective public use, the legislative body may adopt a resolution vacating the street, highway, or public service easement. The resolution of vacation may provide that the vacation occurs only after conditions required by the legislative body have been satisfied and may instruct the clerk that the resolution of vacation not be recorded until the conditions have been satisfied. Previous traffic analyses showed that approximately half of the traffic volume on "A" Avenue between East 28th and 30th Streets was dealership traffic. Furthermore, the analysis showed that East 28th Street will continue to function at an acceptable level (LOS C) with the redirected traffic resulting from closure of "A" Avenue. The National City Blvd. and East 28th Street intersection would be able to operate safely with the addition of a traffic light. Public access to residential areas will continue to be provided via East 28th Street, which leads to the residential neighborhood east of the property. Although the distance will be slightly further (Y4-mile), residents will continue to have access to eastbound 30th Street via National City Blvd. Public access to the commercial properties south of the proposed vacated area will also continue to be provided by the remainder of "A" Avenue, which has access to East 30th Street. 240 of 378 Based on these facts, partial closure of "A" Avenue will not impede on the present or prospective public use of the remainder of the street. Emergency access would be maintained for the surrounding area and to the new dealership. In addition, partial vacation of "A" Avenue would allow for comprehensive redevelopment of the dealership and a subsequent reduction in traffic through adjacent residential neighborhoods. Although those in the adjacent neighborhood would no longer be able to access southbound National City Blvd. from westbound 30th Street after the vacation, the addition of a traffic Tight at National City Blvd. and 28th Street would allow the same access at the then controlled intersection. 241 of 378 RECOMMENDED CONDITIONS OF APPROVAL 2013-23 SC — A Avenue — Frank Motors General 1. This Street Closure authorizes the vacation of 60 feet by 250 feet of "A" Avenue south of East 28th Street. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A-2nd Revision, Case File No. 2013-23 SC dated 6/13/2016. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. Fire 3. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA). 4. Identification signs shall be posted for all utilities such as natural gas and fire sprinkler system. Please contact the National City Fire Department for direction and copy of requirements. 5. Fire department access roads shall meet the requirements of the 2013 California Fire Code Section 503 Fire Apparatus Roads. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to Fire Department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of a fire apparatus weighing at least 75,000 pounds. Fire department access roads shall have an unobstructed width of not less than 20 feet for emergency vehicle travel. Where required by the fire code official, approved signs or other approved notices or markings that include the words NO PARKING -FIRE LANE shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. 6 Roads or alleys 20 to 26 feet wide shall be posted on both sides as fire lanes. 7. If automatic gates are used, emergency strobes shall be for entrance and egress if applicable. 8. The National City Fire Department shall be involved with all fire inspections for this site. Rough inspections of all phases of work are required. 9. A 48 hour notice is required for all inspections. Engineering 10. The Applicant shall submit a plat and legal description of the proposed area of the street vacation and any applicable street dedication. 242 of 378 11. The Applicant shall submit a title report for all properties adjacent to the portion of "A" Avenue to be vacated. 12.The street vacation document shall provide all necessary easements as required by the various utility companies. 13.The street vacation document shall provide to the City of National City a twenty foot access and sewer easement ten feet on either side of the existing center line of the portion of "A" Avenue to be vacated. 14. The street vacation document shall provide to the City of National City a drainage easement over that portion of "A" Avenue to be vacated. 15. The Applicant shall submit plans and details of all gates, fences, barricades and appurtenances proposed to be installed at either end of the vacated portion of "A" Avenue. Planning 16.Access to all existing utilities that reside in the area to be vacated, including water mains, power and telephone poles, and a sewer main shall be maintained or abandoned/relocated as required by the respective utility owner. 17. If the proposed cul-de-sac is constructed in the public right-of-way or in the event that the cul-de-sac is dedicated as public right-of-way in the future, the cul-de-sac shall be designed per American Association of State Highway and Transportation Officials (AASHTO) standards to accommodate the turning radius of a 30-foot overall length and/or 20-foot wheelbase single -unit vehicle. 18. The proposed cul-de-sac shall be marked as red curb/no parking to the satisfaction of the City Engineer. 19. No offloading of transport trucks shall occur off -site. 20. Driveway aprons on the remainder of "A" Avenue that are not driveway access shall be abandoned and reconstructed to provide curb, gutter, and sidewalk per City requirements. 21.A landscaped/vegetated barrier shall be constructed along the north property lines of parcels on East 28th Street, as well as along property lines adjacent to residentially -developed parcels. The design of the fence shall include audial as well as visual screening of activities from adjacent residential properties. 22. The applicant is required to pay for mitigation measures necessitated by impacts created by their project including, but not limited to, a new traffic signal at the intersection of National City Blvd. and 28th Street. 243 of 378 8L£ 10 tibZ NW_ 4 q _ 29.pil STREET •, aTF! 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I. cans A MAMH UA4'(O AM 10 vuaM4.n pr WWet fiierucn 4n PRANK MOTORS I PASCO LARET SUITER 1 PARKING EXPANSION -- sw1EE & A cSOC!ATES ( 28TH ST. AND A AVE. —_WISPS — U f' 7- 0 ti 111111r, Technical Memorandum To: Jerry Drewett, Frank Motors Group, Inc. From: David Mizell, STC Traffic Date: November 10, 2016 Re: Updated Analysis With Frank Subaru Superstore Project and A Avenue Street Closure This technical memorandum presents the results of the data and analysis associated with the Frank Subaru Superstore Project and the A Avenue street closure. Specifically, analysis of the National City Boulevard & 28th Street intersection was updated to include the additional traffic that would be generated by the Frank Subaru Superstore Project. The updated analysis of the National City Boulevard & 28th Street intersection includes the following scenarios: • Existing Conditions • Existing Conditions with A Avenue Street Closure • Near -Term Conditions Without Frank Subaru Superstore project (With A Ave Closure) • Near -Term Conditions With Frank Subaru Superstore project (With A Ave Closure) • Long -Term Conditions Without Frank Subaru Superstore project (With A Ave Closure) • Long -Term Conditions With Frank Subaru Superstore project (With A Ave Closure) At the City's direction, all future scenarios without and with the Frank Subaru Superstore Project include the A Avenue street closure so that the potential impact of trips generated by the Frank Subaru Superstore Project can be identified. 1. Data Collection Figure 1 shows the locations and types of traffic data obtained. At the National City Boulevard & 28th Street intersection, AM and PM peak period turning movement counts were obtained over two consecutive weekdays while the nearby Sweetwater High School was in session. The following mid - block counts were also collected while the nearby Sweetwater High School was in session over two consecutive weekdays: 1. National City Boulevard, between 28th Street and 30th Street 2. A Avenue, between 28th Street and 30th Street 3. 28th Street, immediately east of National City Boulevard 4. 28th Street, immediately east of A Avenue 5. 30th Street, immediately east of National City Boulevard Page 1 246 of 378 Mir t Figure 1: Location of Traffic Counts AM/PM Peak- Hour Turning Movement Count Traffic Volumes at National City Blvd & 28th St Turning movement volumes were obtained at the National City Boulevard & 28th Street intersection on Wednesday, September 14, 2016, and on Thursday, September 15, 2016 during the AM (7:00 am to 9:00 am) and PM (4:00 pm to 6:00 pm) peak periods. Sweetwater High School was in session during the dates of the counts. The two-day average of the turning movement volumes was used for the analysis at National City Boulevard & 28th Street. Figure 2 illustrates the existing a.m. and p.m. peak hour traffic volumes. As shown in the figure, the majority of the traffic travels north along National City Boulevard in the AM peak and reverses direction during the PM peak. Traffic volumes along 28th Street are low in both the AM and PM peak hour. Appendix A contains copies of the peak hour intersection turning movement volumes. 247 of 378 Page 2 IN* T Figure 2: Existing Peak Hour Traffic Volumes Mid -Block Traffic Volumes Traffic volume data was obtained along the five mid -block segments listed on page 1 of this memorandum for two consecutive mid -week days, on Tuesday, October 4, 2016 and Wednesday, October 5, 2016. Sweetwater High School was in session during the dates of the counts. Table 1 provides a summary of the average daily mid -block traffic volumes in each direction of travel. Appendix A contains copies of the 48-hour mid -block traffic counts. Table 1: Mid -Block Traffic Volume Summary Segment Direction Day 1 Day 2 Average NB 11,433 11,502 11,468 National City Blvd. between SB 7,124 7,032 7,078 28th St and 30th St Total 18,557 18,534 18,546 NB 233 239 236 A Avenue between SB 340 362 351 28thStand30thSt - 573 601 587 Total EB 229 213 221 ------- 28th St East of National City Blvd WB 172 183 178 Total 401 396 399 EB 75 73 _ 74 28th St East of A Avenue WB 65 79 72 Total 140 152 146 EB 2,718 2,776 2,747 30th St East of National City Blvd WB 3,413 3,516 3,465 Total 6,131 6,292 6,212 Page 3 248 of 378 2. Origin -Destination Study The previous technical memorandum that was prepared on April 30, 2015 included an origin - destination study that was performed to assess the amount of traffic that would be re-routed due to the closure of A Avenue between 28th Street and 30th Street. The data for the origin -destination study was collected with video cameras that recorded vehicle movements onto A Avenue from both 28th Street and 30th Street, and only vehicles that traveled the entire length of A Avenue were considered for the origin -destination study. The origin -destination traffic data was obtained in April 2015 during the AM and PM peak periods while the nearby Sweetwater High School was in session. The October 2016 counts that were collected on A Avenue between 28th Street and 30th Street were compared to the counts that were collected on the same segment in April 2015. To provide an accurate comparison, only the two highest consecutive weekdays (Tuesday through Thursday) of the April 2015 counts were compared with the October 2016 counts. The comparison revealed that in the northbound direction on A Avenue, traffic volumes decreased by approximately 12 percent. In the southbound direction, traffic volumes increased by approximately 9 percent. Overall volumes on A Avenue in October 2016 decreased by Tess than one percent since the April 2015 counts were collected. The percent change in the directional traffic volumes on A Avenue was applied to the April 2015 origin - destination study results to derive the updated traffic volumes that would be re-routed to the intersection of National City Boulevard & 28th Street due to the A Avenue street closure. The analysis assumes that the turning movement directional splits for the origin -destination study volumes have not changed. Table 2 summarizes the updated origin -destination study volumes along A Avenue. Table 2: A Avenue Origin -Destination Summary ORIGIN AM PEAK HOUR (7:00 am to 8:00 am) DESTINATION 28th NBL I 28th NBT I 28th NBR I _ 30th SBL 1 30th SBR 28th EBR 3 2 1 28th SBT 10 0 10 28th WBL 5 - 2 3 30th EBL 9 3 4 2 30th WBR 19 0 18 1 PM PEAK HOUR (4:30 pm to 5:30 pm 28th EBR 9 5 3 28th SBT 39 12 27 28th WBL 0 0 0 30th EBL 2 1 0 1 30th WBR 12 0 11 1 _ In order to read the table appropriately, an example has been provided. During the AM peak hour, three vehicles turned right onto A Avenue from 28th Street. Of these three vehicles traveling south along A Avenue, two vehicles turned left onto 30th Street and one vehicle turned right onto 30th Street. Page 4 249 of 378 As shown in the table, the origin -destination study was updated to 47 vehicles during the AM peak hour and to 62 vehicles during the PM peak hour. Approximately two-thirds of the vehicles traveled in the northbound direction along A Avenue during the AM peak hour, but reversed directions in the PM peak hour with approximately 75 percent of the vehicles that traveled in the southbound direction. Approximately 75 percent of the vehicles originating from 28th Street turned right onto 30th Street in the AM peak hour. In the PM peak hour, approximately 65 percent of the vehicles turned right onto 30th Street. Approximately 80 percent of the vehicles originating from 30th Street continued through the intersection at 28th Street in both the AM and PM peak hour. Traffic Redistribution The results of the origin -destination study during the AM peak hour (7:00 am to 8:00 am) and PM peak hour (4:30 pm to 5:30 pm) were used to redistribute traffic volumes through the National City Boulevard & 28th Street intersection with the closure of A Avenue. Figure 3 summarizes the redistributed traffic volumes with the closure of A Avenue between 28th Street and 30th Street. Figure 3: Trip Redistribution with A Avenue Closure Existing With A Avenue Closure Traffic Volumes Figure 4 illustrates the existing peak hour traffic volumes at the National City Boulevard & 28th Street intersection assuming the closure of A Avenue between 28th Street and 30th Street. Page 5 250 of 378 Figure 4: Existing Peak Hour Traffic Volumes With A Avenue Closure 3. Existing Conditions Without and With Street Closure An intersection level of service (LOS) analysis was conducted at the National City Boulevard & 28th Street intersection under existing conditions without and with the A Avenue street closure. SimTraffic was utilized to analyze the intersection. Delays reported refer to the average total delay for the worst movement at the intersection, which corresponds with the westbound approach of 28th Street. Table 3 summarizes the intersection analysis with the redistributed traffic volumes from the A Avenue closure. Results were compared to existing conditions, which include the increase in delay that would be incurred with the closure of A Avenue. Appendix B contains the SimTraffic worksheets. Page 6 251 of 378 IMFcif Table 3: Existing Intersection LOS Analysis Without and With A Avenue Closure Intersection 9 National City Blvd & 28th St Traffic Control TWSC Peak Hour AM PM Existing Conditions Existing Conditions With A Ave Closure Delay (a) l LOS (b) Delay (a) I LOS (b) 19.2 7.3 31.8 A 14.7 B A in Delay 12.6 7.4 Notes: TWSC: Two-way stopped control Bold values represent intersections operating at LOS E or F. a) Delay refers to the average total delay per vehicle in seconds for the worst movement at an unsignatized intersection. Values were computed with the SimTraffic traffic simulation program (SYNCHRO). b) For comparison purposes, the LOS resulting from the SimTraffic analysis was determined based on the same thresholds outlined in the 2010 Highway Capacity Manual (HCM). As shown in Table 3, the delay for the westbound movement along 28th Street would increase during both peak hours with the closure of A Avenue; however, operations during both peak hours are expected to remain at an acceptable LOS D or better. 4. Proposed Project Project Description Frank Motors Group proposes to relocate the existing Frank Subaru auto dealership and service store from the northwest corner of National City Boulevard & 30th Street to a site located along the east side of National City Boulevard between 28th Street and 30th Street. The project site is the current location of Frank's Used Cars, which will be removed to construct a new 22,000 square -foot Frank Subaru Superstore. The new Frank Superstore will also include a total of 40 service bays plus 3 service lanes that will provide complementary tire alignment and tire tread depth checks. The main entrance to the proposed Frank Subaru Superstore site will be provided on National City Boulevard between 28th Street and 30th Street, and will be restricted to right -turn only access due to the existing raised median on National City Boulevard. Left -turn access will be provided from a secondary driveway located on 28th Street. Trip Generation Trip generation rates published by the SANDAG Brief Guide of Vehicular Traffic Generation Rates for the San Diego Region, April 2002 were applied to the proposed project to determine the traffic generation characteristics of the site. Table 4 summarizes the vehicular trip generation for the project site. As shown in the table, the project would generate a total of approximately 1,100 average weekday trips, including 56 AM peak hour trips and 88 PM peak hour trips. However, approximately 50% of the project trips are existing trips that would divert from the existing Frank Subaru site at the northwest corner of National City Boulevard & 30th Street to the proposed Frank Subaru Superstore site at the southeast corner of National City Boulevard & 28th Street. Page 7 252 of 378 Table 4: Proposed Project Trip Generation Daily AM Peak Hour PM Peak Hour Land Use Unit (per unit) Total (of daily) In (% AM) Out (% AM) Total (of daily) In (% PM) Out (% PM) Trip Generation Rates (SANDAG) Auto Sales and Repair TSF 50 5% 70% 30% 8% 40% 60% Land Use Size Unit Daily AM Peak Hour PM Peak Hour Trips P Total I In I Out Total I In Out Existing Frank Subaru Trips Auto Sales and Repair 11 TSF 550 28 19 9 44 18 26 New Frank Subaru Trips Auto Sales and Repair 11 TSF 550 28 19 9 44 18 26 Total Frank Subaru Trips Auto Sales and Repair I 22 I TSF 1 1,100 I 56 1 38 I 18 I 88 I 36 1 52 Notes: TSF = Thousand Square Feet Source: SANDAG's Brief Guide of Vehicular Traffic Generation Rates for the San Diego Region, April 2002. Trip Distribution Frank Motors Group provided trip data from their existing Frank Subaru store which included the estimated inbound and outbound left -turn trips at the intersection of National City Boulevard & 28th Street based on customer and employee zip codes, service test drives, arrival and departure of vehicle inventory, customer service shuttles, parts delivery trucks, smog test trips, and several other document trip types. Appendix C contains the raw trip data provided by Frank Motors Group. The trip data that was provided by Frank Motors Group was interpolated with the trip generation that was calculated for the existing Frank Subaru store. Because the proposed Frank Subaru Superstore is estimated to generate twice the number of trips as the existing Frank Subaru store, the estimated left - turns based on the existing use were doubled to derive the left -turns that would be generated by the proposed Frank Subaru Superstore at the intersection of National City Boulevard & 28th Street. The trip distribution for the proposed Frank Subaru Superstore was then derived from the interpolation of the trip generation and left -turn trip data from Frank Motors Group. The results showed that approximately 60% of trips occur north of the project site, and 40% of trips occur south and east of the project site. Trip Assignment The trip generation and trip distribution were then utilized to assign trips entering and exiting the proposed Frank Subaru Superstore site. Because the main entrance on National City Boulevard is restricted to right -turn only movements, some u-turn movements are assumed to occur at the intersection of National City Boulevard & 30th Street. Figure 5 illustrates the assignment of project trips for the proposed Frank Subaru Superstore site. Page 8 253 of 378 r • M 5. Near -Term (2018) Conditions Without and With Frank Subaru Superstore Project The analysis of near -term conditions was performed for the year 2018, which considers full operations of the proposed Frank Subaru Superstore and a reasonable timeframe to allow traffic patterns to adjust to the closure of A Avenue. To isolate the specific impact of project -generated traffic at the intersection of National City Boulevard & 28th Street, near -term conditions assume the A Avenue street closure both without and with the Frank Subaru Superstore project. Near -Term Conditions Traffic Volumes To calculate the near -term conditions traffic volumes, a growth factor was applied to the existing (with A Avenue street closure) traffic volumes based on two years of growth. The growth factor was derived from the forecast growth in traffic on National City Boulevard through the project area based on the City's General Plan Update Final EIR (2011). Approximately 40% of the forecast growth on National City Boulevard from 2011 to 2030 has already occurred because of a significance increase in traffic diverting from northbound 1-5 to northbound National City Boulevard to avoid the freeway congestion during the AM peak period. To provide a more realistic estimate of future traffic volumes, the growth factor is derived based on the forecast growth in traffic from existing (Year 2016) conditions to the year 2030. Based on the forecast traffic growth from 2016 to 2030, an annual growth rate of 2% was calculated on National City Boulevard. Because 28th Street is a local street and was not studied in the City's General Plan Update EIR, a growth rate of 1% per year was used to derive the growth factor for traffic volumes on 28th Street. At the intersection of National City Boulevard & 28th Street, a growth factor of 4% was applied to through traffic volumes on National City Boulevard, while a growth factor of 2% was applied to all turning movements entering and exiting 28th Street. Figure 6 illustrates the near -term without project conditions peak hour traffic volumes at the National City Boulevard & 28th Street intersection, assuming the closure of A Avenue between 28th Street and 30th Street. Project trips generated by the proposed Frank Subaru Superstore were added to the near -term conditions baseline volumes to derive the near -term with project conditions traffic volumes at the intersection of National City Boulevard & 28th Street. Near -term with project conditions peak hour traffic volumes at the National City Boulevard & 28th Street intersection are illustrated in Figure 7. Page 10 255 of 378 Figure 6: Near -Term Without Project Peak Hour Traffic Volumes • Figure 7: Near -Term With Project Peak Hour Traffic Volumes 256 of 378 Page 11 Near -Term Conditions Level of Service Analysis An intersection level of service (LOS) analysis was conducted at the National City Boulevard & 28th Street intersection under near -term conditions without and with the proposed Frank Subaru Superstore project. The A Avenue street closure is assumed under near -term conditions both without and with the proposed project. SimTraffic was utilized to analyze the intersection. Delays reported refer to the average total delay for the worst movement at the intersection, which corresponds with the westbound approach of 28th Street. Table 5 summarizes the findings of the near -term conditions level of service analysis at the intersection of National City Boulevard & 28th Street. Appendix D contains the SimTraffic worksheets. Table 5: Near -Term Conditions Intersection LOS Analysis Intersection Traffic Control Peak Hour Near -Term Without Project Delay (a) LOS (b) Near -Term With Project Delay (a) A in LOS (b) Delay 1 National City Blvd & 28th St TWSC AM 32.6 110.6 F 78.0 PM 17.1 19.7 2.6 Notes: TWSC: Two-way stopped control Bold values represent intersections operating at LOS E or F. a) Delay refers to the average total delay per vehicle in seconds for the worst movement at an unsignalized intersection. Values were computed with the SimTraffic traffic simulation program (SYNCHRO). b) For comparison purposes, the LOS resulting from the SimTraffic analysis was determined based on the same thresholds outlined in the 2010 Highway Capacity Manual (HCM). As shown in the table, the westbound approach of the intersection is forecast to operate at acceptable LOS (LOS D or better) both without and with the project except during the AM peak hour under near - term with project conditions. The addition of project -related traffic to near -term conditions volumes during the AM peak hour would result in a change from an acceptable LOS D to a deficient LOS F. Therefore, the addition of project trips to the intersection of National City Boulevard & 28th Street would result in a significant impact and mitigation measures are required. Page 12 257 of 378 6. Long -Term (2030) Conditions Without and With Frank Subaru Superstore Project The analysis of long-term conditions is based on the forecast growth in traffic on National City Boulevard through the project area according to the City's General Plan Update Final EIR (2011). To isolate the specific impact of project -generated traffic at the intersection of National City Boulevard & 28th Street, Tong -term conditions assume the A Avenue street closure both without and with the Frank Subaru Superstore project. Long -Term Conditions Traffic Volumes An annual growth rate of 2% was derived to calculate the forecast growth in traffic on National City Boulevard, based on the forecast traffic growth from 2016 to 2030. The traffic model that was conducted for the City's General Plan Update Final EIR showed that the forecast year 2030 daily traffic volume on National City Boulevard though the project area is approximately 24,000. The existing average daily traffic volume that was collected on National City Boulevard in September 2016 is approximately 18,550. Because 28th Street is a local street and was not studied in the City's General Plan Update EIR, a growth rate of 1% per year was used to derive the growth factor for traffic volumes on 28th Street. Figure 8 illustrates the long-term without project conditions peak hour traffic volumes at the National City Boulevard & 28th Street intersection, assuming the closure of A Avenue between 28th Street and 30th Street. Project trips generated by the proposed Frank Subaru Superstore were added to the long-term conditions baseline volumes to derive the long-term with project conditions traffic volumes at the intersection of National City Boulevard & 28th Street. Long-term with project conditions peak hour traffic volumes at the National City Boulevard & 28th Street intersection are illustrated in Figure 9. Page 13 258 of 378 11111f/N Figure 0 Long -Term Without Project Peak Hour am Volumes Long-TermPeak Figure With Project Hour Traffic Volumes 259 of 378 Page 14 Long Term Conditions Level of Service Analysis An intersection level of service (LOS) analysis was conducted at the National City Boulevard & 28th Street intersection under long-term conditions without and with the proposed Frank Subaru Superstore project. The A Avenue street closure is assumed under long-term conditions both without and with the proposed project. SimTraffic was utilized to analyze the intersection. Delays reported refer to the average total delay for the worst movement at the intersection, which corresponds with the westbound approach of 28th Street. Table 6 summarizes the findings of the long-term conditions level of service analysis at the intersection of National City Boulevard & 28th Street. Appendix E contains the SimTraffic worksheets. Table 6: Long -Term Conditions Intersection LOS Analysis 9 Intersection National City Blvd & 28th St Traffic Peak Control Hour TWSC AM Long -Term Without Project Long -Term With Project PM Delay (a) 1 LOS (b) 102.7 31.8 F Delay (a) LOS (b) 538.4 47.4 F E A in Delay 435.7 15.6 Notes: TWSC: Two-way stopped control Bold values represent intersections operating at LOS E or F. a) Delay refers to the average total delay per vehicle in seconds for the worst movement at an unsignalized intersection. Values were computed with the SimTraffic traffic simulation program (SYNCHRO). b) For comparison purposes, the LOS resulting from the SimTraffic analysis was determined based on the same thresholds outlined In the 2010 Highway Capacity Manual (HCM). As shown in Table 6, the westbound approach of the intersection is forecast to operate at a deficient LOS F during the AM peak hour both without and with the proposed project under Tong -term conditions. The addition of project -related traffic would result in an increase in delay that exceeds the 2.0-second significance threshold; therefore, the project results in a significant impact during the AM peak hour and mitigation measures are required. Table 6 shows that during the PM peak hour, the westbound approach is forecast to operate at an acceptable LOS D under long-term conditions without the project, and is forecast to worsen to LOS E with the addition of project -related traffic. Because the addition of project -related traffic would result in a change in LOS from acceptable to deficient, the project would result in a significant impact during the PM peak hour and mitigation measures are required. Page 15 260 of 378 .044P 7. Signal Warrant Analysis A signal warrant analysis was performed at the intersection of National City Boulevard & 28th Street, which is currently two-way stop controlled at the minor street approaches (28th Street). The signal warrant analysis was performed in accordance with the 2014 California Manual on Uniform Traffic Devices (MUTCD) under all analysis scenarios. The signal warrants, if satisfied, provide justification for the installation of a traffic signal, but in itself would not require the installation of a signal. The following individual signal warrants from Chapter 4C (Traffic Control Signal Needs Studies) of the 2014 California MUTCD were performed in this study: • Warrant 3: Peak Hour (Part A and Part B) The findings of the traffic signal warrant analysis are summarized in Table 7. Appendix F contains the signal warrant worksheets. Table 7: Signal Warrant Analysis Peak Hour Warrant Scenario Existing w/ Existing Street Closure Near -Term Near -Term Long -Term w/o Project w/ Project w/o Project Long -Term w/ Project Part A Warrant Satisfied? AM No No No No No No Warrant Satisfied? PM No No No No No Yes Part B Warrant Satisfied? AM No No No No No No Warrant Satisfied? PM No No No No No Yes Source: California MUTCD 2014 Edition As shown in Table 7, the peak hour warrant was not satisfied during the AM peak hour under any of the analysis scenarios. However, as shown, the peak hour warrant was satisfied for both Part A and Part B during the PM peak hour under long-term with project conditions. Page 16 261 of 378 11111,N. t 8. Mitigation Measures The findings of the analysis showed that the addition of traffic generated by the combination of the A Avenue street closure and the proposed Frank Subaru Superstore project under both near -term conditions and long-term conditions would result in significant impacts at the unsignalized intersection of National City Boulevard & 28th Street. Therefore, mitigation measures are required to improve conditions to levels that are less than significant. The results of the signal warrant analysis at the intersection of National City Boulevard & 28th Street showed that the peak hour warrant was satisfied duringthe PM peak hour under long-term with project conditions. It shall be noted that during the PM peak hour under near -term with project conditions, the 28th Street westbound approach at the intersection is only 8 vehicles below the threshold to satisfy the peak hour volume warrant, which is 100 vehicles on a one -lane minor street approach. In order to mitigate the significant impacts caused the project under near -term and Tong -term conditions, it is recommended that the project install a traffic signal at the intersection of National City Boulevard & 28th Street prior to completion of the Frank Subaru Superstore. Installation of a traffic signal at National City Boulevard & 28th Street would improve access to and from the project site as well as the surrounding neighborhood. Table 8 summarizes level of service operations under near -term with project and long-term with project conditions with the recommended mitigation measures. Appendix G contains the HCM LOS worksheets. Table 8: Level of Service Operations With Recommended Mitigation 1 Intersection National City Blvd & 28th St Near -Term Long -Term With Project With Project Traffic Peak With Mitigation With Mitigation Control Hour Delay (a) LOS (b) Delay (a) LOS (b) Signal AM 9.1 A 11.9 B PM 9.9 A 9.9 A As shown in the table, the recommended installation of a traffic signal at the intersection of National City Boulevard & 28th Street would improve operations to acceptable levels of service during the peak hours under both near -term with project and Tong -term with project conditions. 262 of 378 Page 17 9. Summary The following list summarizes our findings based on the new traffic data obtained for the project and analysis completed at the National City Boulevard & 28th Street intersection: • The weekday average traffic volumes along the mid -block section of A Avenue was 587 vehicles based on traffic volume data obtained on October 4th and 5th, 2016. • The proposed Frank Subaru Superstore project would generate a total of 1,100 trips per day, which includes 550 relocated existing daily trips and 550 new daily trips. • The addition of traffic generated by the combination of the A Avenue street closure and the proposed Frank Subaru Superstore project would result in significant impacts at the intersection of National City Boulevard & 28th Street under both near -term conditions and long-term conditions. • The results of the signal warrant analysis showed that the peak hour warrant was satisfied during the PM peak hour under long-term with project conditions. • To mitigate the project -related significant impacts under near -term and long-term conditions, it is recommended that the project install a traffic signal at the intersection of National City Boulevard & 28th Street. Page 18 263 of 378 NOTICE OF PUBLIC HEARING STREET VACATION VACATING A SEGMENT OF A AVENUE LOCATED SOUTH OF EAST 28TH STREET AND NORTH OF EAST 29TH STREET. CASE FILE NO.: 2013-23 SC The National City Council will hold a public hearing after the hour of 6:00 p.m. Tuesday, December 6, 2016, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed street vacation (Applicant: Frank Motors). The applicant proposes to vacate approximately 250 feet of the 60-foot wide right-of-way between East 28tn Street and East 29th Street (closed in 1968). The proposed right-of-way to be vacated currently provides access to the two adjacent properties occupied by •Frank Motors. The vacation would make the business more efficient and would facilitate future expansion of the business. This Vacation Proceeding is conducted under Division 9, Part 3, Chapter 3, of the California Streets and Highways Code. A map referencing the proposed street and alley vacation is on file at the National City Planning Department. The Planning Commission found the proposed Street Vacation in conformance with the National City General Plan at theft meeting of November 17, 2014 by unanimous vote. Any person interested in this matter may appear at the above time and place and be heard. Members of the public are invited to comment. Written comments should be received by the National City Planning Department on or before 5:30 p.m., December 6, 2016. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the public hearing entity conducting the hearing at, or prior to, the public hearing. PUBLISH IN THE SAN DIEGO UNION TRIBUNE Friday, November 25 and December 2, 2016. 264 of 378 CC/CDC-HA Agenda 12/6/2016 — Page 265 The following page(s) contain the backup material for Agenda Item: An Ordinance of the City Council of the City of National City adopting the 2016 California Fire Code & the National Fire Protection Association Standards. Including the 2016 California Building, Mechanical, Electrical, Plumbing, Residential, Energy, Gree 265 of 378 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 6, 2016 AGENDA ITEM NO. ITEM TITLE: An Ordinance of the City Council of the City of National City adopting the 2016 California Fire Code & the National Fire Protection Association Standards. Including the 2016 California Building, Mechanical, Electrical, Plumbing, Residential, Energy, Green & Grading Codes & 2014 National Electrical Code. In addition all Appendices related to the codes described above. PREPARED BY: Robert Hernandez / Fire Marshal & Luis Sainz/Building Official! DEPARTMENT: APPROVED BY: PHONE: j336-4552 & 336-4214 EXPLANATION: State law requires that the City of National City adopt the California Fire, Building, Mechanical, Electrical, Plumbing, Residential, Energy, Green & Grading Codes, 2016 Editions subsequently these codes are being submitted for adoption. Technical amendments made to those codes are needed due to topographical, geographical, or climatic conditions. Specific findings regarding the local technical amendments must be made by the local jurisdiction and filed with the Department of Housing and Community Development. State law does not restrict local amendments to the administrative provisions of the codes. In the interest of public safety we will update our municipal code and now require that any site build CMU and concrete walls/fences over 4 feet high from the bottom of the footing to the top of the wall will require building plans and permits. FINANCIAL STATEMENT: ACCOUNT NO. (Irl/A ENVIRONMENTAL REVIEW: INfq ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVE+'• APPROVED: ,)Finance MIS STAFF RECOMMENDATION: Introduce the Ordinance BOARD 1 COMMISSION RECOMMENDATION: Imo# ATTACHMENTS: Ordinance 266 of 378 ORDINANCE NO 2016 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2016 CALIFORNIA FIRE CODE AND THE APPENDICES THERETO, ADOPTING THE 2016 CALIFORNIA BUILDING STANDARDS CODE (TITLE 24, PART 9 OF THE CALIFORNIA CODE OF REGULATIONS), ADOPTING THE NATIONAL FIRE PROTECTION ASSOCIATION STANDARDS, AND AMENDING CHAPTER 15.28 OF THE NATIONAL CITY MUNICIPAL CODE The City Council of the City of National City does ordain as follows: Section 1. The City Council of the City of National City hereby adopts the 2016 California Fire Code, the 2016 California Building Standards Code (Title 24, Part 9 of the California Code of Regulations), the Appendices thereto, and the National Fire Protection Association 1Standards1 except as amended in Chapter 15.28 of the National City Municipal Code. Section 2. The City Council finds that, consistent with their findings in 2013, under Ordinance NO 2013-2387, the amendments being made in this Chapter 15.28 are reasonably necessary because of local climatic, geological, or topographical conditions: namely, that the age of structures, separation and density create an increased risk of conflagration meriting more stringent standards. A copy of this ordinance shall be filed with the Office of the State Fire Marshal and the State Building Standards Commission. This action is taken pursuant to Health and Safety Code sections 17958.7 and 18941.5. Section 3. The City Council of the City of National City hereby amends and deletes certain sections of the 2016 California Fire Code, based on local climatic, topographic or geological conditions that justify deviating from that ;Code{. Section 4. The City Council of the City of National City hereby amends Title 15, Chapter 15.28 to read as follows: Sections: 15.28.002 15.28.010 15.28.020 15.28.030 15.28.035 CHAPTER 15.28 CALIFORNIA FIRE CODE Findings and declarations. 2016 California Fire Code — Adopted and amended. Establishment and duties of fire prevention bureau. Definitions. Establishment of limits of districts in which storage of cryogenic fluids in stationary containers is prohibited — Amended. Commented [NP1]: Are the NFPA standards separate or part of the 2016 fire code? Are these different documents are part of the same? Robert Hernandez - The NFI'A Standard are supplemental to the California Fire Code Commented [NP2]: 1 would explain in your staff report that the amendments to the NCMC are not changing from 2013; we are doing the same amendments we did back in 2013 with the adoption of the 2013 code. Also explain what changes if any the 2016 Fire Code made. 1 want to make it clear that sections have not changed, and we are not changing anything from 2013 except adopting the 2016 code. 1 would point out the changes from the 2013 fire building code however. (changes of state law) Robert Hernandez Correct, other than 15.28.140 Appeals. We are changing the NCMC to paralelle the 2016 CFC section 108.3 Qualifications. (See attched) Commented [NP3]: I am assuming we are making the same amendments as we did when we adopted the 2013 code. Robert Hernandez - yes the same ammendments 267 of 378 15.28.040 Establishment of limits of districts in which storage of Class I and II liquids in outside aboveground tanks is prohibited — Amended. 15.28.050 Establishment of limits in which storage of liquefied petroleum is prohibited — Amended. 15.28.060 Establishment of Limits for Storage of Explosives and Blasting Agents is to be Prohibited — Amended. 15.28.070 Amendments made to the 2016 California Fire Code. 15.28.080 Section 101.5 102.7 "Referenced Codes" — Amended. 15.28.085 Section 307.4.1 "Bonfires" — Amended. 15.28.090 Section 307.4.2 "Recreational Fires" — Amended. 15.28.100 Section 1011.6.1 1013.6.1 "Graphics" — Amended. 15.28.110 Section 5704.3.3.9 "Storage of Empty Wooden or Plastic Pallets" — Supplemented. 15.28.120 Section 503.2.7 and Appendix Section D103.2 "Grade" — Amended. 15.28.130 Section 503.6 "Security Gates" — Amended. 15.28.140 Appoal&. (Discuss with legal) 15.28.150 New materials, processes or occupancies, which may require permits. 15.28.160 Penalties. 15.28.002 Findings and declarations. The City Council of the City of National City, does specifically and expressly find and declare that the nature and uniqueness of the local climate, geographical and topographical conditions in the City of National City does reasonably necessitate and demand specific changes in and variations from the 2016 California Fire Code, which are noted in and made part of this chapter as authorized by Health and Safety Code Sections 17958.7 and 18941.5. These conditions result from the age and concentration of structures and the increased risk of conflagration spread as a result. 15.28.010 2016 California Fire Code — Adopted and amended. There is adopted by the city council of the City of National City for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion and establishing a fire prevention bureau, the 2016 California Fire Code, and the appendices thereto, including both Administration Divisions I and II, published by the International Code Council and the California Building Standards Commission, and the National Fire Protection Association Standards (current edition) published by the National Fire Protection Association, save and except such portions as are hereinafter deleted, added, or amended. Within this chapter, those codes may be collectively referred to as the California Fire Code. One copy of this adopted code is on file in the office of the fire -chief Fire Marshal of the City of National City. The code is adopted and incorporated as fully as if set out as length herein, and from the date on which this chapter shall take effect, shall be controlling within the limits of the City of National City. Ordinance No. 2016 - 2 Amending NCMC Chapter 15.28 Aopted: 2013 Fire Code Commented [NP4]: ARe there some words missing from here? Does not read right. A comma which I added may help. Robert Hernandez - comma did help - good as is now 268 of 378 15.28.020 Establishment and duties of fire prevention bureau. A. The California Fire Code shall be enforced by the fire prevention bureau in the fire department in the City of National City, which is established and shall be operated under the supervision of the chief of the fire department. B. The battalion chief/fire marshal in charge of the fire prevention bureau shall be appointed by the chief of the fire department of the City of National City. C. The director of emergency services may detail members of the fire department as inspectors as shall from time to time be necessary. The chief of the fire department shall recommend to the city manager of National City the employment of technical inspectors, who, when such authorization is made, shall be selected through an examination to determine their fitness for the same position. 15.28.030 Definitions. A. The word "jurisdiction" used in the 2016 California Fire Code means the City of National City. B. Whenever the words "chief of the bureau of fire prevention" are used in the California Fire Code they shall be held to mean the fire marshal of the City of National City. C. Where reference to the Uniform Building Code, or Building Code, or any Nationally Recognized Standard is made, it means the currently adopted edition. D. Where the word "Administrator" is used in the California Fire Code, it shall be held to mean the city council of the City of National City. Whenever the term " City" is used it means the City of National City. E. Where the term "corporation counsel" is used in the California Fire Code, it shall be held to mean the city attorney for the City of National City. F. "Fire authority having jurisdiction (FAHJ)" means the designated entity providing enforcement of fire regulations as they relate to planning, construction and development. This entity may also provide fire suppression and other emergency services. G. Whenever the term "this code" is used it means the 2016 California Fire Code as modified by the City of National City with the deletions, amendments, and additions contained in this chapter. H. Whenever the terms "chief', "fire chief', "chief of the fire department" are used they mean the "director of the department of emergency services". 15.28.035 Establishment of limits of districts in which storage of cryogenic fluids in stationary containers is prohibited — Amended. Section 5504.3 of the 2016 California Fire Code is amended to read as follows: The Establishment of Limits for Storage of Flammable Cryogenic Fluids. The storage of flammable cryogenic fluids is prohibited in all areas within the City limits of National City, except within the following zones as established by the National City Land Use Code: MM and IM; Medium Manufacturing; MH and IH; Heavy Manufacturing; MT —Tidelands Manufacturing. 15.28.040 Establishment of limits of districts in which storage of Class I and II liquids in outside aboveground tanks is prohibited — Amended. Sections 5704.2.9.6 and 5706.2.4.4 of the 2016 California Fire Code are amended to read as follows: Ordinance No. 2016 — 3 Amending NCMC Chapter 15.28 Aopted: 2013 Fire Code 269 of 378 All areas within the city limits of the City of National City except for those areas zoned commercial or manufacturing, as established, defined, and set under the zoning regulations in Title 18 of the National City Municipal Code. 15.28.050 Establishment of limits in which storage of liquefied petroleum gases is prohibited — Amended. Section 6104.2 of the 2016 California Fire Code is amended to read as follows: All areas within the city limits of the City of National City, except for those areas zoned commercial or manufacturing, as established, defined, and set under zoning regulations in Title 18 of the National City Municipal Code. 15.28.060 Establishment of Limits for Storage of Explosives and Blastin-g-Agents Fireworks is to be Prohibited — Amended. Chapter 56 of the 2016 California Fire Code is amended to read as follows: The permanent storage of explosives and/or blastients Fireworks shall be strictly prohibited within the city limits of the City of National City. Temporary storage may be allowed, by permit, during setup for excavation, demonstration, or other use, when in the opinion of the fire marshal, there are significant measures in place to ensure public safety. 15.28.070 Amendments made to the 2016 California Fire Code. The geographical density of the City of National City, the dry southern California climate, which is subject to annual drought conditions, make the following amendments set out in Sections 15.28.080 through 15.28.130 necessary and meet the conditions described in Section 15.28.002, Findings and declarations. 15.28.080 Section 101.5 102.7 "Referenced Codes" — Amended. Section of the 2016 California Fire Code is amended to read as follows: 101.5 102.7 The codes, standards and publications adopted and set forth in this code, including other codes, standards and publications referred to therein are, by title and their most current edition, hereby adopted as standard reference documents of this code. When this code does not specifically cover any subject related to building design and construction, recognized fire engineering practices shall be employed. The National Fire Codes and the Fire Protection Handbook of the National Fire Protection Association are permitted to be used as authoritative guides in determining recognized fire -prevention engineering practices. 15.28.085 Section 307.4.1 "Bonfires" — Amended. Section 307.4.1 of the 2016 California Fire Code is amended to read as follows: 307.4.1 Bonfires. Bonfires are strictly prohibited within the City Limits. Ordinance No. 2016 — 4 Amending NCMC Chapter 15.28 Aopted: 2013 Fire Code 270 of 378 15.28.090 Section 307.4.2 "Recreational Fires" — Amended. Section 307.4.2 of the California Fire Code is amended to read as follows: 307.4.2 Recreational Fires. Recreational Fires are strictly prohibited within the City limits. 15.28.100 Section 1011.6.1 Section 1013.6.1 "Graphics" — Amended. Section 1011.6.1 1013.6.1 of the 2016 California Fire Code is amended to read as follows: 1011.6.1. 1013.6.1 Graphics. Every exit sign and directional exit sign shall have plainly legible letters not less than 6 inches (152 mm) high with the principal strokes of the letters not less than 0.75 inch (19.1 mm) wide. The word "EXIT" shall have letters having a width not less than 2 inches (51 mm) wide, except the letter "I," and the minimum spacing between letters shall not be less than 0.375 inch (9.5 mm). Signs larger than the minimum established in this section shall have letter widths, strokes and spacing in proportion to the height. The word "EXIT" shall be green in color and in high contrast with the background and shall be clearly discernible when the means of exit sign illumination is or is not energized. If a chevron directional indicator is provided as part of the exit sign, it shall be green in color, the construction shall be such that the direction of the chevron directional indicator cannot be readily changed. 15.28.110 Section 5704.3.3.9 "Storage of Empty Wooden or Plastic Pallets" — Supplemented. The following is added to Section 5704.3.3.9 as follows: Storage of Empty Wooden or Plastic Pallets. The storage of empty wooden or plastic pallets is prohibited, except as follows: 1. Outdoor Storage. Pallets may be stored outside of a building or in a detached building. Pallets shall not be stacked closer than 5 feet from any building. 2. Indoor Storage. Pallets shall not be stored indoors unless the premises are protected with an automatic fire sprinkler system in accordance with NFPA Standard 13, section titled Protection of Idle Pallets, except when both of the following conditions are met: a. Pallets are stored no higher than 6 feet. b. Each pallet pile of no more than 4 stacks shall be separated from other pallet piles by at least 8 feet of clear space and 25 feet from any commodity. 15.28.120 Section 503.2.7 and Appendix Section D103.2 "Grade" — Amended. Sections 503.2.7 and Appendix Section D103.2 of the 2016 California Fire Code are amended to read as follows: 503.2.7 and Appendix Section D103.2 Grade. The maximum permitted gradient for a fire apparatus access road shall not exceed 15%. Ordinance No. 2016 — 5 Amending NCMC Chapter 15.28 Aopted: 2013 Fire Code 271 of 378 15.28.130 Section 503.6 "Security Gates" — Amended. Section 503.6 of the 2016 California Fire Code is amended as follows: All gates or other structures or devices which could obstruct fire access roadways or otherwise hinder emergency operations are prohibited unless they meet standards approved by the Chief, and receive Specific Plan Approval. All automatic gates across fire access roadways and driveways shall be equipped with an approved key -operated switches overriding all command functions and opening the gate(s). Gates accessing more than four residences or residential lots, or gates accessing hazardous institutional, educational or assembly occupancy group structures, shall also be equipped with an approved emergency traffic control -activating strobe light sensor(s), or other devices approved by the Chief, which will activate the gate on the approach of emergency apparatus with a battery back-up or manual mechanical disconnect in case of power failure. All automatic gates must meet fire department policies deemed necessary by the Chief for rapid, reliable access. 15.28.140 App als. Whenever the dircctor of the department of emergency services applied for, or when it is claimed that the provisions of the code have been misconstrued or nt may appeal the decision to the city council, as established by and pursuant to Chapter 15.04. 15.28.150 New materials processes or occupancies which may require permits. The building and safety director, the chief of the fire department and the fire marshal shall act as a committee to determine and specify, after giving effected persons an opportunity to be heard, any new materials, processes or occupancies which shall require permits in addition to those now enumerated in said code. The fire marshal shall post such list in a conspicuous place in his/her office and distribute copies thereof to interested parties. 15.28.160 Penalties. Any person who shall violate any of the provisions of the 2016 California Fire Code adopted or any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved is guilty of a misdemeanor. PASSED and ADOPTED this day of December, 2016. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Ordinance No. 2016 — 6 Amending NCMC Chapter 15.28 Aopted: 2013 Fire Code 272 of 378 Michael R. Della, City Clerk City Attorney Ordinance No. 2016 — 7 Amending NCMC Chapter 15.28 Aopted: 2013 Fire Code 273 of 378 CC/CDC-HA Agenda 12/6/2016 — Page 274 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving a 4.48% salary adjustment for the Part -Time and Seasonal employee group effective January 1, 2017; and moving the classifications of Part -Time Property and Evidence Specialist I and Pol 274 of 378 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 6, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving a 4.48% salary adjustment for the Part - Time and Seasonal employee group effective January 1, 2017; and moving the classifications of Part Time Property and Evidence Specialist I and Police Dispatcher from ranges pt132 and pt160, respectively to pt127 and pt156, respectively. PREPARED BY: Stacey Stevenson PHONE: 336-4308 EXPLANATION: Refer to attached staff report. DEPARTMENT: Human Resources APPROVED B` FINANCIAL STATEMENT: ACCOUNT NO. The estimated fiscal impact for Fiscal Year 2017 is $22,945. Impacted departments may be able to absorb a portion of the estimated increase through salary savings. Any required adjustments to appropriations will be requested in the Fiscal Year 2017 Mid -Year budget package. ENVIRONMENTAL REVIEW: This is not a project and is therefore not subject to environmental review. APPROVED: Finance ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution approving the 4.48% salary adjustment for the Part -Time and Seasonal employee group and the range movement for Property and Evidence Specialist I and Police Dispatcher to salary ranges pt127 and pt156, respectively. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Staff Report Resolution IL/5 OT Jib CALIFORNIA NATIONAL C lfr 1ORpO CAT City Council Staff Report December 6, 2016 ITEM Staff Report: Resolution of the City Council of the City of National City approving a 4.48% salary adjustment for the Part -Time and Seasonal employee group effective January 1, 2017; and moving the classifications of Part Time Property and Evidence Specialist I and Police Dispatcher from ranges pt132 and pt160, respectively to pt127 and pt156, respectively. BACKGROUND On September 25, 2013, California Governor Jerry Brown signed Assembly Bill 10 (AB 10), approving a $2 minimum wage increase. AB 10 increased the State's minimum wage from $8.00 to $10.00 in two steps: a $1.00 increase in July, 2014; and a $1.00 increase in January, 2016. All hourly employees of the City of National City are assigned to a job classification. Each job classification in turn is assigned to a salary range with each range having five (5) pay steps. In response to the July, 2014 minimum wage increase, those employees compensated at a rate of pay below $9.00 were granted pay increase in the form of a step increase within their pay range, placing them at the next highest pay step at or above $9.00. Having applied the step increase method in 2014, the top pay step of the range for some employees was below $10.00. In December 15, 2015, in preparation for the January, 2016 minimum wage increase to $10.00, the City Council of the City of National City approved salary adjustments in the form of moving those employee classifications with top steps below $10.00 to a higher range. The change in ranges also necessitated adjusting other employees in the same job family in the form of step increases in order to maintain the appropriate pay differentials. In all cases, over both years, the employees impacted are members of the City's Part -Time and Seasonal employee group. On April 4, 2016 California Governor Jerry Brown signed Senate Bill 3 (SB 3) which increases California's minimum wage each year until it reaches $15 on January 1, 2022 as follows: • January 1, 2017: the minimum wage will increase to $10.50 per hour. • January 1, 2018: the minimum wage will increase to $11 per hour. • January 1, 2019: the minimum wage will increase to $12 per hour. • January 1, 2020: the minimum wage will increase to $13 per hour. • January 1, 2021: the minimum wage will increase to $14 per hour. • January 1, 2022: the minimum wage will increase to $15 per hour. 276 of 378 Page 2 Staff Report — Resolution of the City Council of the City of National City approving a 4.48% salary adjustment for the Part -Time and Seasonal employee group January 1, 2016. December 6, 2016 The purpose of this item is to seek City Council authority to adjustment employee compensation in response to the planned January 1, 2017 minimum wage increase. DISCUSSION As discussed above, the State of California, through SB 3, has mandated an increase in minimum wage in annual increments until it reaches $15.00 on January 1, 2022. On January 1, 2017, minimum wage is scheduled to increase from the current $10.00 per hour to $10.50 per hour. Under the current City of National City salary schedule for Part -Time and Seasonal employees, there are seven (7) job classifications for which the top pay step is below $10.50, three (3) of which are active classifications with incumbents: Dishwasher, Recreation Aide and Recreation Leader I. At a minimum, it is necessary to increase the hourly wage of the three active classifications (Dishwasher, Recreation Aide and Recreation Leader I) in compliance with State law. The top pay step for the lowest paid classifications, including Dishwasher and Recreation Aide is $10.05 which is 4.48% below $10.50. In analyzing this matter, in addition to meeting compliance with State law, staff considered other factors such as: the impact of increasing the hourly wage for the above referenced employee classifications on other classifications in the same job family (compaction); and the compensation of City of National City employees compared to the local market (defined as cities within San Diego County). Should an increase be granted on a limited basis (as defined as the three (3) classifications noted above), such an action will result in compaction within the associated job families. In addition, to continue to increase the lowest classifications without increasing all of the classifications in the full compensation group will result in a broader compaction in which the compensation relationships between different job families becomes compacted or reverses. In December, 2015, the City commissioned a compensation survey. Completed in March, 2016, the study identified a number of classifications, City-wide, that were significantly below the average of the local market, including classifications within the Part -Time and Seasonal employee group. For those benchmark Part -Time and Seasonal classifications that were included in the survey and for which sufficient survey matches were found, the average rate of pay (based on top step) for National City employees was 22.3% below market. Should the City continue to limit the salary adjustments to the minimum necessary to meet the State mandated minimum wage, the compaction issues and market inequities will continue to grow. Therefore, in response to the State mandated increase in minimum wage; internal compaction; and the relationship to the local market, staff recommends increasing all the salary ranges for the Part -Time and Seasonal employee group by 4.48%. Should the City Council accept this recommendation, staff further recommends that the Property and Evidence Specialist I classification be moved from range pt132 ($22.49/hour) to pt127 ($22.52/hour) and that the Police Dispatcher classification be moved from range pt160 277 of 378 Page 3 Staff Report — Resolution of the City Council of the City of National City approving a 4.48% salary adjustment for the Part -Time and Seasonal employee group January 1, 2016. December 6, 2016 ($29.01/hour) to pt156 ($29.21/hour). This recommendation is also based on compaction. Under the current salary schedule, should part-time Property and Evidence Specialists I and Police Dispatchers receive an increase of 4.48% their salaries will be greater than their full-time counterparts. The proposed ranges are closest to the current rate of pay for both classifications and will keep the rate of pay within an acceptable range of their full-time counterparts. RECOMMENDATION • Increase all of the salary ranges for the Part -Time and Seasonal employee group by 4.48%. • Move the classifications of part time Property and Evidence Specialist I and Police Dispatcher from ranges pt132 and pt160, respectively to pt127 and pt156, respectively. FISCAL IMPACT The estimated fiscal impact for Fiscal Year 2017 is $22,945. Impacted departments may be able to absorb a portion of the estimated increase through salary savings. Any required adjustments to appropriations will be requested in the Fiscal Year 2017 Mid -Year budget package. 278 of 378 CC/CDC-HA Agenda 12/6/2016 — Page 279 The following page(s) contain the backup material for Agenda Item: Notice of Decision — Planning Commission approval of a Conditional Use Permit for the expansion of a gas station convenience store at 1803 Highland Avenue. (Applicant: Michael Rafo) (Case File 2016-17 CUP) (Planning) 279 of 378 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: ;December 6, 2016 ITEM TITLE: AGENDA ITEM NO. INotice of Decision — Planning Commission approval of a Conditional Use Permit for the expansion of a gas station convenience store at 1803 Highland Avenue. (Applicant: Michael Rafo) (Case File 2016- 17 CUP) PREPARED BY: ;Jessica Madamba 71A- PHONE: 336-4381 EXPLANATION: The applicant has applied for a Conditional Use Permit (CUP) to expand an existing g tssa ation convenience store. The project location is a fully developed lot on the corner of Highland Avenue and East 18th Street in the Major Mixed Use Corridor (MXC-2) zone. There are four existing structures including the convenience store, a three -bay repair shop, two fuel pump islands and an automatic car wash. The project proposes to expand into one of the repair stalls (364 square feet) and convert a roofed area to part of the store (182 square feet) on the south -facing side of the building. The total size of the convenience store would be 1,103 square feet. A previous CUP (2008-25 CUP) was approved for beer and wine sales and expansion of the store; however, only the alcohol sales portion was exercised. DEPARTMENT: Plannin' APPROVED BY: Planning Commission conducted a public hearing on November 7, 2016. Commissioners asked questions regarding the previous CUP and conditions of approval. The Commission voted to approve the Conditional Use Permit based on attached findings and subject to Conditions of Approval. The attached Planning Commission staff report describes the proposal in detail. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) ORDINANCE: INTRODUCTION: r 1 FINAL ADOPTION: I 1 Finance MIS STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Baca, Bush, DeLaPaz, Flores, Garcia, Sendt, Yamane ATTACHMENTS: 1. Overhead 2. Planning Commission Staff Report 3. Resolution No. 2016-13 4. Reduced Plans 280 of 378 •2016-17 CUP — 1803 Highland Ave. — Overhead 281 of 378 Title: Item no. 3 November 7, 2016 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT PUBLIC HEARING — CONDITIONAL USE PERMIT FOR THE EXPANSION OF A GAS STATION CONVENIENCE STORE LOCATED AT 1803 HIGHLAND AVENUE Case File No.. 2016-17 CUP Location: Southeast comer of Highland Avenue and East 18t Street Assessor's Parcel No.: 561-171-18 Staff report by: Jessica Madamba — Planning Technician Applicant/Property owner: Michael Rafo Zoning designation: Adjacent land use/zoning: North: East: South: West: Environmental review: MXC-2 — Major Mixed -Use Corridor Jack in the Box Restaurant across E. 1fit' St. / MXC-2 Commercial and multi -family residential / MXC-1 (Minor Mixed -Use Corridor) Wienerschnitzel Restaurant / MXC-2 Napa Auto Parts across Highland Ave. / MXC-2 Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) Staff recommendation: Approve 282 of 378 BACKGROUND The property owner has applied for a Conditional Use Permit (CUP) to expand an existing convenience store that is accessory to a gas station. A previous CUP (2008-25 CUP) was approved for beer and wine sales and expansion of the store in 2008; however, only the alcohol sales portion of the CUP was exercised. The property has a Type 20 (Off -Sale Beer and Wine) license from the California Department of Alcoholic Beverage Control (ABC).The convenience store is currently 540 square feet in size. The adjacent repair shop is 1,080 square feet in size and includes three service stalls with roll -up doors. The convenience store expansion would include additional square footage adjacent to the south side of the building and would convert one of the three service stalls. This expansion will add an additional 530 square feet to the existing convenience store. Site Characteristics The project site is a fully developed lot on the comer of Highland Avenue and East 18th Street. There are four detached structures located on the property — the main building, which houses the convenience store and repair shop, an automatic car wash, and two canopies which cover the fuel pump islands. Access to the property is provided via four driveways, two on Highland Avenue and two on East 18th Street. The overall property is 23,958 square feet in size and is located in the Major Mixed -Use Corridor (MXC-2) zone. Proposed Use The applicant is proposing to expand the existing convenience store into one of the repair stalls (364 square feet) and to convert a roofed area to part of the store (182 square feet) on the south -facing side of the building. The resultant size of the convenience store would be 1,103 square feet. There is no proposed work for the existing fuel pump islands or the car wash. The proposed expansion into the repair shop will provide increased display areas for products sold. Currently, beer and wine is located in coolers along a six-foot wall in the back of the convenience store. The project proposes to relocate the coolers to the north wall, which is further from the entrance and would add additional coolers. The total length of wall that would have coolers would be increased to 28 feet, approximately four times as many coolers, The applicant has stated that all of these coolers will display beer and wine. Analysis The proposal is consistent with the General Plan in that it meets the intent of the following two General Plan Policies: Policy LU-2.6 supports development and redevelopment that creates jobs for all income levels. Both the proposed commercial area and construction would create additional job opportunities in the City, 283 of 378 Policy LU-2.9 encourages the designation of land for commercial, office, and service uses sufficient to meet future City needs. The expanded convenience store would provide a commercial service that is in demand by the public and will help support the existing gas station. Land Use Code The MXC-2 zone permits gasoline service stations with convenience stores subject to a CUP. The existing gas station Tacks a CUP, as it was developed prior to the City's CUP requirement for gasoline service stations. Chapter 18.30.190 of the Land Use Code (Service stations and convenience stores with gasoline pumps) requires a CUP for greater than 216 cubic feet of non -automotive product sold at a gas station. Although a CUP for expansion of the store was approved in 2008, it was only partially exercised (alcohol sales only) and that part expired. Another CUP was approved in 1994 for the automatic car wash. Mailing— All property owners and occupants within a distance of 300 feet are required to be notified of a public hearing for CUP applications, as was done in this case. 110 notices were mailed for this public hearing, including 46 property owners and 64 occupants. Parking — With the 530 square -foot addition, the convenience store would be 1,103 square feet in size and the repair shop would be 700 square feet in size. Parking for uses is as follows: • Auto Service — 1 space per 800 square feet (1) ▪ Convenience Store — 1 space per 250 square feet (5) The lot currently has eight standard parking spaces and one handicapped -accessible space. There is no specific parking requirement for a gas station; however, most commercial uses require one space for each 250 square feet. In this case, that would be approximately six spaces, which would be provided. Required findings The Municipal Code contains required findings for Conditional Use Permits. There are six required findings: 1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code. The use is allowable within the Major Mixed Use Corridor zone pursuant to a Conditional Use Permit, and the proposed expansion of the convenience store meets the required guidelines in the Land Use Code for service stations and convenience stores with gasoline pumps, as discussed in the staff report. 284 of 378 2. The proposed use is consistent with the General Plan and any applicable specific plan. General Plan Policy LU-2.9 designates land for commercial, office, and service uses sufficient to meet future city needs. The proposed convenience store expansion accommodates the mixed used location by allowing residents to meet their needs without traveling long distances and help increase job opportunities. Policy LU-2.6 supports development and redevelopment that creates jobs for all income levels. Both the proposed commercial area and construction would create additional job opportunities in the City. There are no specific plans in the area. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity. The convenience store is currently located on the property and was previously approved for the sale of alcohol. The expansion of the store will contribute to the viability of an existing older business along the Highland Avenue mixed use condor. 4. The site is physically suitable for the type, density, . and intensity of use being proposed, including access, utilities, and the absence of physical constraints. The property is already fully developed, including the convenience store. The proposal to add additional square footage to the store is consistent with the existing use and is suitable for the property. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located. The proposed modification to expand the convenience store is consistent with the previous approved use and is similar in nature to surrounding area and uses (retail and service commercial). 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act. The proposed project has been reviewed in compliance with the California Environmental Quality Act. Staff has determined the proposed use to be categorically exempt from environmental review pursuant to Class 1 Section 15301 (Existing Facilities), for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. The 285 of 378 Class 1 exemption includes additions to existing structures that will not result in an increase of more than 50 percent of the floor area of the structure before the addition. Department and Agency comments Alcohol Sales Concentration/Location — Per ABC, there are currently seven off -sale licenses authorized for Census Tract (116.01) associated with six alcohol outlets - Red Bird Market has two licenses that are reflected in the report, one active and one that was surrendered. However, it should be noted that no new licenses are being added in this case. The off -sale alcohol outlets in the census tract are: Name Address License Type* CUP Highland Arco 1803 Highland Ave. 20 Y National City Market 220-240 E 18th St. 20 - Highland Arco 2336 Highland Ave. 20 - Red Bird Market 2035 Highland Ave. 21 - Hi -Bev Liquor 2111 Highland Ave. 21 - Keg N Bottle 2335 Highland Ave. 21 - * Type 20 — Off -Sale Beer and Wine Type 21 - Off -Sale General With the exception of Highland Arco, all of these businesses are considered legal non- conforming — they have no Conditional Use Permit. This means that these establishments are not subject to the same strict conditions as a newer business with an approved CUP (e.g., limits on the sale of 22, 32 or 40 oz. malt beverages, single bottles, single wine coolers, no wine greater than 15% alcohol content). The existing convenience store is subject to the most recent Council Policy standards for off sale alcohol CUP's, and would continue to be subject to said conditions after expansion. Census tract 116.01 includes the area between East 18th Street and East 24th Street, and between National City Blvd. and L Avenue (72 square blocks). The attached census tract map shows the location of the subject tract. Per State Alcoholic Beverage Control (ABC) there are currently seven off -sale licenses in this census tract (116.01) where a maximum of three are recommended. Therefore, this census tract is considered by ABC to be over- saturated with regard to alcohol sales outlets. Although the census tract is over -saturated, the convenience store already holds an ABC license and was previously approved for alcohol sales with a CUP. The proposed expansion of the convenience store will not create any additional impacts with regard to alcohol sales than what already exists. 286 of 378 Police Department Crime statistics provided by the Police Department (PD) indicate that the reporting area (Beat 23) had a September 2010 to April 2013 crime rate of 391.9%, above the 120% considered to be a high crime. Crimes are categorized as either Part I or Part II crimes. Part I crimes are serious crimes such as homicide, robbery, assault, burglary, vehicle theft, etc. Part II crimes are less serious in nature and Tess commonly reported. Part II crimes include simple assault, embezzlement, narcotics, and weapons charges (among others), Alcohol is typically just referenced as a contributing factor to a particular crime (robbery, assault, etc.); therefore, alcohol -specific crimes are harder to monitor. However, PD also provided a Prior Minor Criminal History report, which includes four arrests, one of which was an alcohol - related occurrence. The Alcohol Beverage Control Risk Assessment provided by PD allocated a total of 14 points, which would be considered a Medium Risk. Impacts with regards to additional ABC License issuance are not foreseen. Building Division Comments were provided by the Building Division require compliance with the 2013 California Building, Electrical, Plumbing, Mechanical, Energy and Fire Codes (included as condition no. 7). Institute for Public Strategies (IPS) The Institute for Public Strategies provided comments on the proposed CUP application. The convenience store is located in a Youth Sensitive Area, within one mile of two public schools - John A. Otis Elementary School located at 621 East 18"' Street, and National City Middle School located at 1701 D Avenue. The IPS recommend that if the CUP is approved that owners, management, and staff be required to attend the Responsible Beverage Sales and Service training (covered under condition no. 12). Comments are attached for your review. Conditions of Approval The Conditions of Approval from the previous Conditional Use Permit (CUP-2008-25) would still apply to the property, unless otherwise modified. Standard Conditions of Approval have been included in the staff report. Additionally, conditions have been added reflecting Building Division, Planning Department, and Fire Departments comments and requirements. Summary The proposed use is consistent with the General Plan because gasoline stations and accessory convenience stores are a conditionally -allowed use in the MXC-2 zone. The existing gas station lacks a CUP, as it was developed prior to the City's CUP requirement for gasoline service stations. In addition, modification and expansion of the existing convenience store located at the gas station requires a CUP. A CUP was previously approved for the off - site sale of alcohol (CUP 2008-25), as well as a CUP for the automatic car wash (CUP 1994- 287 of 378 2). The proposed expansion would add additional square footage to the existing convenience store and is consistent with the existing use. OPTIONS 1. Approve 2016-17 CUP subject to the attached conditions, and based on attached findings or other findings as determined by the Planning Commission; or 2. Deny 2016-17 CUP based on findings as determined by the Planning Commission; or 3. Continue the item for additional information ATTACHMENTS 1. Recommended Findings 2. Recommended Conditions 3. Overhead 4. Department and Agency Comments 5. Census Tract Map and Police Beat Map 6. Public Hearing Notice (Sent to 46 property owners & 64 Occupants) 7. Notice of Exemption 8. Applicant's Plans (Exhibits A, Case File No. 2016-17 CUP, dated 7/11/2016) 9. Council Resolution 2008-251 JESSICA MADAMBA Planning Technician Deputy City Manager 288 of 378 RECOMMENDED FINDINGS FOR APPROVAL 2016-17 CUP —1803 Highland Avenue 1. That the proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because the use is allowable within the Major Mixed Use Corridor zone pursuant to a Conditional Use Permit, and the proposed expansion meets the required guidelines in the Land Use Code for service stations and convenience stores. 2, That the proposed use is consistent with the General Plan and any applicable specific plans, because General Plan Policy LU-2.6 supports development and redevelopment that creates jobs for all income levels and General Plan Policy LU-2.9 encourages the designation of land for commercial, office, and service uses sufficient to meet future City needs. The expanded convenience store will help support the existing gas station and potentially create addition job opportunities. in addition, the proposed facility is a conditionally -permitted use in Major Mixed Use Corridor zone, 3. That the design, location, size, and operating•characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because the convenience store is currently located on the property and the expansion of the store would have minimal impact on the site. 4. That the site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, since the property is already fully developed, including the convenience store. The proposal to expand the store is consistent to the existing use and zone, and is suitable for the property. 6. That granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the proposed expansion is consistent with the previously approved use and is similar in nature to surrounding area uses. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, because staff has determined the proposed use to be categorically exempt from environmental review pursuant to Class 1 Section 15301 (Existing Facilities), for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. 289 of 378 RECOMMENDED CONDITIONS OF APPROVAL 2016-17 CUP — 1803 Highland Avenue General . This Conditional Use Permit authorizes the expansion of an existing oonvenience store located at 1803 Highland Avenue. Unless specifically modified by this resolution or subsequent Codes, all previous Conditions of Approval as stated in City Council Resolution No. 2008-251 are still in effect. Plans submitted for permits associated with this project shall conform with Exhibit A, case file no. 2016-17 CUP, dated 7/11/2016. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Condition! Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Deputy City Manager prior to recordation. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in the Municipal Code. 5. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 6. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. Building 7. Plans submitted for improvements must comply with the current edition of the California Building, Electrical, Plumbing, Mechanical, Energy and Codes. The City currently utilizes the 2013 editions. 8. Call 800-227-2600 (Underground Service Alert) for mark out prior to any digging activities. 290 of 378 Fire 9. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA). 10. All required signage shall be designed and installed to the Fire Department's specifications. 11. The National City Fire Department shall be involved with all fire inspections for this site. Rough inspections are required for all phases of work. Planning 12. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 13. The sale of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 12:00 a.m. 291 of 378 CALIFORNIA a i` 44 ,,1 _rive....a ATEn CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 July 14, 2016 To: Planning Division From: Building Division Subject: Case File No. 2016-17 1803 Highland Avenue The proposed expansion of the convenience store at the location listed above shall be constructed as per the 2013 California Building, Electrical, Plumbing, Mechanical, Energy and Fire Codes. If you have any questions regarding this matter please contact me at 619-336-4214, thank you. Luis Sainz Building Official 292 of 378 NATIONAL IONAL CITY POLICE DEPARTMENT ALCOHOL BEVERAGE CONTROL RISK ASSESSMENT DATE: 08/04/2016 BUSINESS NAME: Highland Service Station ADDRESS: 1803 Highland Avenue, National City, CA 91950 OWNER NAME: Michael Rafo DOB: 06121/1988 OWNER ADDRESS: 1851 Sea Pines Road, El Cajon , CA 92019 (add additional owners on page 2) L Type of Business Restaurant (l pt) d Market (2 pts) Bar/Night Club (3 pts) Tasting Room (lpt) H. Hours of Operation Daytime hours (1 pt) Close by l 1pm (2 pts) Close after l 1pm (3 pts) I1I. Entertainment Music (1 pt) Live Music (2 pts) Damoingiive Musite (3 pts) No Entertainment (0 pts) IV. Crime Rate Low (1 pt) Medium (2 pts) 1 High (3 pts) V. Alcohol Businesses per Census Tract Below (1 pt) f Average (2 pts) Above (3 pts) I Notes: Prior Minor Criminal History: 4/2013-Cite for smoking in public pk 612011-Arrest for drunk in public 9/2010-FI for smoking in stadium 912004-Arrest for sale of tobacco to minor **Michael Rafo is not listed as ABC Lic holder Auday Salem & Raphael Rafo are listed on ABC LIc. Crime rate at 391.9% (High) ABC Tract currently maxed as recommended Revised: 8/16 1 of 2 293 of 378 ti National City Police Department ABC Risk Assessment VI. Calls for Service at Location (for previous 6 months) ,f Below (1 pt) Average (2 pts) Above (3 pts) VII. Proximity Assessment (1l4 mile radius of location) Mostly commercial businesses (1 pt) ye Some businesses, some residential (2 pts) Mostly residential (3 pts) VIII, Owner(s) records check No criminal incidents (0 pts) / Minor criminal incidents (2 pts) MultiplelMajor criminal incidents (3 pts) Low Risk ( 12pts or less) Medium Risk (13 —1 Spts) High Risk (19 — 24pts) Total Points 14 OWNERNAME: DOB: OWNER ADDRESS: OWNER NAME: DOB: OWNER ADDRESS: Recommendation: Business currently holds a ABC License (#529691). No impact with regards to additional ABC License issuance. Business will expand square footage from 1722sf to 1915sf. Completed by: Sergeant Shephard Revised: 8/16 2 of 2 Badge ID: 0402 294 of 378 1803 Highland Avenue / Crime Rate & Calls for Service 1 CFS TOTAL (011AN2016-Present) PRIORITY Count 1 2 3 1 4 5 durgir Arse itlipOrt earamovers P4. apnea paistmesas A . .614540 birt ' .iik 1 Os 11--,1,4F,,i 14 xi LIFO: Y.4 4tri itttIO irer%"Itti 7i • . • • 295 of 378 5O(.1T1 f5AY . j1vM1MMUNITY CHANCE. fl _. }SECT A rroject of die Institute for rublic 5irategies Environmental Scan for Alcohol License C.U.P. Highland Service Station 1803 Highland Avenue, National City, CA 91950 August 1, 2016 Photo of Highland Service Station in National City Google Earth View of 1803 Highland Avenue and Surrounding Area This environmental scan is for an expansion of the convenience store and for the change in the approved floor planfor alcohol sales on the existing Conditional Use Permit at the Highland Avenue Service Station located at 1803 Highland Avenue in National City. The business is located on the comer of 18th and Highland Avenue in National City. An environmental scan was conducted on Monday, August 1, 2016. The existing service station has a 540 square -foot convenience store and three -bay repair shop. The property has an approved CUP for beer and wine sales. During a scan of the business and property the following was noted: The business is located in an area with other local businesses, single-family residences and multi - housing units in the immediate area. The South Bay Community Charge Project is a project of the Irsfiure 5ar Put:14 Strategi.s am; is fundee by the San County Health end Human SeNims Agency 2615 Camino del Rio So. #340 • Son Mega, CaRarnia 92108 • Pima: 619.476-9.00 • Fax; 619.4764104 savor.P•o9 296 of 378 Youth Sensitive Areas The business is located near two schools within one mile to include: John A. Otis E1ementsiry School located at 621 E 18th St, National City, CA 91950 and National City Middle School located at 1701 D Ave, National City, CA 91950 Outlet Density According to the ABC, three (3) off -sale licenses are authorized for Census Tract 0116.01, the census track within the area of which 1803 Highland Avenue is located. Currently there are Seven (7) off -sale licenses issued for the Census Tract is 0116.01. s}' c,l s, ._4►�► Svc 1. r 120.03 123.03 Green Arrow and Red Pin Depict Applicant's Location for the Highland Service Station at "1803 Highland Avenue" in National City. Yellow Circles Depict Existing Alcohol Outlets in Applicant's Census Tract and Other Nearby Census Tracts Map from ABC.CA.Gov Web site Showing Alcohol Outlets in National City The South Bay Community Change Project is a project ofthe MOW* for Public Stretegies aid is funded bythe San Mega County }nth and Human Services Agency 2615 Camino del F6o So. #300 • San Diego, California, 92108 • Rive: 619A76 9100 • Pax: 619.476 9104 vrew.publlCstrategres.org 297 of 378 Census Tracts Off -Sale On -Sale Tract 0116.01 Establishment is within this tract Allowed: 3 Actual: 7 Number Above/Below Allowable: +4 Allowed: 7 Actual: 2 Above/Below: -5 Neighboring Census Tracts Tract 0117.0 Establishment is within this tract Allowed: 4 Actual: 8 Number Above/Below Allowable: +4 Allowed: 8 Actual: 14 Above/Below: +6 Crime Rate Refer to National City Police Department for crime data. Considerations Should the change to the CUP be approved we would recommend that: Staff, management, and owner be required to attend the Responsible Beverage Sales and Service training. Alcohol sales hour should not exceed 10:00 PM. The South Bay Communtly Change Project is a project of the Institute for Public Strategies and is funded by the San Diego County Hea5h and Human Services /batty 2615 Canino del Rio So. #34D • San Diego, California. 92108 • Phone: 619.476-9100 • Fax: 519.479-9104 www.publiestrategias.erg 298 of 378 August 25, 2014 CensusTracks 2010 1:45,467 0 0.376 0.75 1.5 mi r.. •4, 4 i r I a a,5 1 2 tan Emma Earl, HERE, 7slrfrmel lbrnli , Marmrp, Immune P t,^,qp„ IJ636, FA$ IAeS, rRCAN, Maass, IGN, Kerlesfar?L, Oidrrme &Jv y, Eaf Japan, METI, Esti Ctii (hbng Keng), swisstap4 Wpnytraa, Op anahaeMapmtYiutnrs,and rtie0l$IJ.mri crnmuiity 299 of 378 ovslE Clk vcri National tif Lis Panes '. 1•-;:_ter•. eA'� ' 'ERA' -tz :'!•- it ikiveral c pNum Park htO and.. 988-2e051dtumulia •QeNn map Rg a duecpon data 2 Q y0TddtdxleidivadTiiJsAtsaantlTel asaNaHhlknerlcaaiathadarnatks grmtais IsweshvOler Comfy Pa& .. Net �sS1,9a-3nfr1._rofe1g matorrtaeissenet I {y.la rssfied NA � •aret9d�6Hm NAViE 117tl}68 nea, fne Taleldledilf .. - Source: Microsoft Mappoint NCPD CAU, 4/18/07 City of National City Beat 23 300 of 378 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR THE EXPANSION OF A GAS STATION CONVENIENCE STORE LOCATED AT 1803 HIGHLAND AVENUE. CASE FILE NO.: 2016-17 CUP APN: 561-171-18 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, November 7, 2016, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Michael Rafo) The applicant wishes to expand an existing gas station convenience store, which will convert one of three existing repair bays to retail space and expand the building to the south by 182 square feet. The store was previously approved to sell beer and wine between the hours of 8 a.m. to 12 a.m. No change in hours of operation is proposed. Information is available for review at the City's Planning Department, Civic Center. Members of the public are invited to comment. Written comments should be received on or before 12:00 p.m., November 7, 2016 by the Planning Department, who can be contacted at 619-336-4310 or planning{anationalcityca.tov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DEPARTMENT BRAD RAULSTON Deputy City Manager 301 of 378 CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Pro'ect Title: 2016-17 CUP Project Location: 1803 Highland Avenue, National City, CA. Contact Person: Jessica Madamba Telephone Number: (619) 336-4381 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit for the expansion of a convenience store located at an existing gas station, repair shop, and automatic carwash. The convenience store will expand into one of the three existing repair stalls, and create an additional 182 square feet to the south facing side of the building. Applicant: Michael Rafo 1803 Highland Avenue National City, CA 91950 Exempt Status: Telephone Number: (619) 994-9878 ® Categorical Exemption. Class 1 Section 15301 (Existing Facilities) Reasons why project is exempt: The project consists of a minor conversion and addition of an existing convenience store that will not result in an increase of more than 50 percent of the floor area of the structure before the addition. Date: JESSICA MADAMBA Planning Technician 302 of 378 RESOLUTION NO. 2008 — 251 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR THE EXPANSION OF A FOOD MART AND FOR ACCESSORY BEER AND WINE SALES AT AN EXISTING GAS STATION LOCATED AT 1803 HIGHLAND AVENUE APPLICANT: FRED KARIM CASE FILE NO. 2008-25 CUP WHEREAS, the City Council of the City of National City considered a Conditional Use Permit for the expansion of a food mart and for accessory beer and wine sales at an existing gas station at 1803 Highland Avenue (APN: 561-171-18). at a duly advertised public hearings held on November 18, 2008, at which time oral and documentary evidence was presented; and WHEREAS, al said public hearing the City Council considered the staff report. contained in Case File No. 2008-25 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that the testimony and evidence presented to the City Council at the public hearings held on November 18, 2008, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the addition to the existing mini -mart is within an existing building and that the sales area for beer and wine will be no more than 20 percent, or 130 square feat, of the available sales area. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the gas station is existing and the expansion of an existing mint -mart and the addition of alcohol sales is not expected to result in an appreciable increase in traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the mini -mart already exists and is located in a developed commercial area. Also, conditions of approval controlling the sale of beer and wine will reduce the potential for adverse effects. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the viability of the service station, an established and allowed use in the applicable commercial zone, and will discourage pre-existing nonconforming uses that do not comply with all of the City's current standards for regulating establishments that sell alcoholic beverages. 5. That the major design enhancement of the property will contribute to the viability of an existing older business and to other local businesses along the Highland Avenue commercial corridor. 303 of 378 Resolution No. 2008 — 251 December 2, 2008 Page 2 6. That public convenience and necessity may be served by the proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes the 404 square -foot expansion of a mini -mart and for the sale of beer and wine for off -site consumption at the Highland Service Station located at 1803 Highland Avenue. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No. 2008-25 CUP, dated June 30, 2003. 2. A detailed landscape and underground irrigation plan, including plant species, methods of planting, etc. shall be submitted for review and approval by the Planning Director prior at building permit. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices, as well as details for hardscape on site, including parking lot striping. The plans shall also show details for the trash enclosure, including a door and cover. The finish of the trash enclosure shall be painted to match other building on site. 3. Exterior colors for the mini -mart and auto repair building shall be shown on building permit plans. 4. Plans must comply with the 2007 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, California Fire Code and California Title 24 energy and handicapped regulations. 5. Permittee shall comply with all regulatory provisions of the Business and Professions Code, Section 23790.5 (d) (1) through (6), and Section 25612.5 Retail Operating Standards. Any violation of the aforementioned code sections constitutes a violation of the Conditional Use Permit. 6. The sale of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 12:00 a.m. 7. All persons who will be selling alcoholic beverages shall receive L.E.A,D. (Licensee Education on Alcohol and Drugs) training in Responsible Beverage Service from the State Department of Alcoholic Beverage Control or Responsible Hospitality Coalition. 8. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 9. No beer and malt beverage products shall be sold of less than six-pack quantities per sale. There shall be no sale of single cans or bottles. 10. No sale of wine shall be sold in containers of less than 750 milliliters, except for wine coolers. Wine coolers may be sold only by four -pack or other manufacturer's pre -packaged multi -unit quantities. 304 of 378 Resolution No. 2008 — 251 December 2, 2008 Page 3 11. The sale of fortified or wine with an alcoholic content greater than 15% by volume is prohibited. 12. The building plans shall indicate the placement of signs on each exterior building wall of the licensed premises that faces a vehicle parking lot, in compliance with Chapter 10.30.070 of the National City Municipal Code that reads: "'WARNING it is unlawful to drink an alcoholic beverage or to posies an open alcoholic beverage container in public or in a public parking lot. NCMC 10.30.050 and 10.30.060." The signs shall be installed prior to certificate of occupancy for the addition. 13. Signs shall be posted at each entrance to the applicant's premises prohibiting loitering on or in front of thepremises. The signs shall be installed prior to certificate of occupancy for the addition. 14. The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant. 15. Ali cups and containers shall be sold at or above prevailing prices and in their original multi - container packages of no fewer than 12, and no cups and containers shall be given free of charge. , 16. Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge. 17. The rear doors) of the premises shall be kept closed at all times during the operation of the business except in case of deliveries or emergencies. 18, Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 19. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 20. No coin operated games or other devices of entertainment shall be operated on the licensed premises. 21. The maximum display area allowed for the sale of alcohol is 130 square feet and shall be located only within the walk-in cooled storage and coolers as shown on Exhibit A, Case File No. 2008-25 CUP, dated June 30, 2008. 305 of 378 Resolution No. 2008 — 251 December 2, 2008 Page 4 22. Within four (4) days of approval, pursuant to Fish and Game Code Section 711 A and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay ail necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 23. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in Section 18.11 6.190 of the Municipal Code. 24. This permit shall expire if the use authorized by this resolution is discontinued for a period .of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 25. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Forrn, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Condition! Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attomey and signed by the Planning Director prior to recordation. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applic BE IT the day following the judicial review of this Section 1094.6. ant. FURTHER RESOLVED that this Resolution shall become effective and final on City Council meeting where the resolution is adopted. The time within which decision may be sought is governed by the provisions of Code of Civil Procedure PASSED and ADOPTED this 2nd day of December, 2008. ATTEST: Mic ael R. Della, Ci Clerk Ron Morrison, APPROVED AS TO FORM: George H. Eiser, III City Attorney 306 of 378 Passed and adopted by the Council of the City of National City, California, on December 2, 2008 by the following vote, to -wit: Ayes: Councllmembers Morrison, Parra, Zarate. Nays: Councilmember Natividad. Absent: None. Abstain: Councilmember Sotelo-Solis. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City erk of the ty of ationat City, California By. Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2008 251 of the City of National City, California, passed and adopted by the Council of said City on December 2, 2008. City Clerk of the City of National City, California By: Deputy 307 of 378 RESOLUTION NO. 2016-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE EXPANSION OF A GAS STATION CONVENIENCE STORE LOCATED AT 1803 HIGHLAND AVENUE CASE FILE NO. 2016-17 CUP APN: 561-171-18 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for the expansion of a gas station convenience store located at 1803 Highland Avenue at a duly advertised public hearing held on November 7, 2016, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2016-17 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on November 7, 2016, support the following findings: 1. That the proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because the use is allowable within the Major Mixed Use Corridor zone pursuant to a Conditional Use Permit, and the proposed expansion meets the required guidelines in the Land Use Code for service stations and convenience stores. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, because General Plan Policy LU-2.6 supports development and redevelopment that creates jobs for all income levels and General Plan Policy LU-2.9 encourages the designation of land for commercial, office, and service uses sufficient to meet future City needs. The expanded convenience store will help support the existing gas station and potentially create addition job 308 of 378 opportunities. In addition, the proposed facility is a conditionally -permitted use in Major Mixed Use Corridor zone. 3. That the design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because the convenience store is currently located on the property and the expansion of the store would have minimal impact on the site. 4. That the site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, since the property is already fully developed, including the convenience store. The proposal to expand the store is consistent to the existing use and zone, and is suitable for the property. 5. That granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the proposed expansion is consistent with the previously approved use and is similar in nature to surrounding area uses. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, because staff has determined the proposed use to be categorically exempt from environmental review pursuant to Class 1 Section 15301 (Existing Facilities), for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes the expansion of an existing convenience store located at 1803 Highland Avenue. Unless specifically modified by this resolution or subsequent Codes, all previous Conditions of Approval as stated in City Council Resolution No. 2008-251 are still in effect. Plans submitted for permits associated with this project shall conform with Exhibit A, case file no. 2016-17 CUP, dated 7/11/2016. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning 309 of 378 Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Deputy City Manager prior to recordation. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the Califomia Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in the Municipal Code. 5. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 6. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. Building 7. Plans submitted for improvements must comply with the current edition of the California Building, Electrical, Plumbing, Mechanical, Energy and Codes. The City currently utilizes the 2013 editions. 8 Call 800-227-2600 (Underground Service Alert) for mark out prior to any digging activities. Fire 9. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA). 10. All required signage shall be designed and installed to the Fire Department's specifications. 11. The National City Fire Department shall be involved with all fire inspections for this site. Rough inspections are required for all phases of work. Planning 12. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a 310 of 378 city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 13. The sale of alcoholic beverages shall be permitted only between the hours of 8:00 a.rn. and 12:00 a.m.. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of November 7, 2016, by the following vote: AYES: Bush, Yamane, Garcia, Baca, Sendt, Flores, Dela Paz NAYS: None ABSENT: None ABSTAIN: None f d 4 1—.477RPERSON 311 of 378 I FiztoJECT INFO: mittErnA CASE FILE NO.: zo I , -il Gar DRTt: 7/ 11(I.to caw t4 BITE: 1803 HIGHLAND 604 NATIONAL OTTY.CA91S60 OWNER: M1CH. EL R* O 1866 HIMIfAN O a n. NATIONALGITY, CA DESIGNER ,KIN HURLEY BUILD/40E3M eneMGH�TON GdHERRY B 019 ,41/168 CONTRAOTONk Nm PROJBOT WPM ORE AT ECIB-rNG STATIDN�HEES EX99TTINGS•BB AVENIENCE �1)1 BERVICE SHOP To2SAYB AND ENOLOSE 1-BAY FOR AMNON TO Emily SypRE. ADD NEW EBremen WALL AT SOWN SIDE erBUILDING COVERED WALKWAY AMl ADO N W ARCATA EXISTING STORE AFEA. osearta BUIL09i3 aooF6DAREA1A16 BO. FT. $NIP AREA 818 SG rr. PROPOSED STORE ADOIT10N1 IN O SHOP AREA NI PROPOSED $'falE ADOSION IWO e)krTINO COVEFED WALKWAY lSi EXISTING STROMAPEAsb Bo. Fr. TIITAL STORE AERA AFTER ADDITIONS 1,163 Na FT. LEGAL: LOTS.1.4.3.4,s,& YARN, REEDS SUS. ELODK1 ANAL &&1-t7.18 CowS1AO0M TYPE 3-NONAPPENBLERED pEANENw'___/ CONINIEP 60,5 OLAND saps. AS*Pforl6 Gb✓GREO 6,45 MAID swamp oPorsDI YO GONIORIBIDE SPOREEASIaO&AOOr $laRCTURE. &s ap PollsOSSOSSED HP {;wpa TO ROM" &TR IGIVM eow EXIST. SHOP &TORE min ERSTIPP POIRCKS O&afal&OPoAE RAH de1RSNc ryrau LOT PLAN SCALE 1. i 16-0. 312 of 378 1 A-1 T.. .IAPTTY 7D Imo VERit1'Au. 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THE OM1aL THe DEMMER SA ZERO 1EPOMmAIE IT FOR 1WT ]De D iE1 CC/CDC-HA Agenda 12/6/2016 — Page 315 The following page(s) contain the backup material for Agenda Item: Notice of Decision — Planning Commission approval of a Conditional Use Permit to convert a three unit multi- family development to condominiums at 1404 & 1408 Coolidge Avenue and 316 West 14th Street. (Applicant: William Lewallen) (Case File 2016-18 CUP) ( 315 of 378 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: :December 6, 2016 AGENDA ITEM NO. ITEM TITLE: ;Notice of Decision — Planning Commission approval of a Conditional Use Permit to convert a three unit multi -family development to condominiums at 1404 & 1408 Coolidge Avenue and 316 West 14th Street. (Applicant: William Lewallen) (Case File 2016-18 CUP) PREPARED BY: Martin Reeder, AICP DEPARTMENT: Plan PHONE: 336-4313 APPROVED BY: EXPLANATION: 1The project site is at the southwest corner of Coolidge Avenue and West 14tStreef in the Multi -Use Commercial -Residential (MCR-1) zone of the Westside Specific Plan. The existing use is a detached three unit multi -family rental development. The building square footages are 657, 653, and 666 square feet. There is a five space parking lot in the rear of the property that is accessible from an alley off of West 14th Street. The applicant is proposing to convert the development into individually owned condominiums. No construction is proposed. Planning Commission conducted a public hearing on November 7, 2016 on the Conditional Use Permit (CUP) and the associated Tentative Parcel Map. Commissioners asked questions regarding sales of the units, Subdivision Map Act requirements, and conditions of approval. The Commission voted to approve the Tentative Parcel Map and recommended approval of the CUP based on attached findings and subject to Conditions of Approval. The attached Planning Commission staff report describes the proposal in detail: FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 3 Section 15303 (New Construction or Conversion of small structures) ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: 'Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD 1 COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Baca, Bush, Flores, Garcia, Sendt Noes: Yamane Absent: DeLaPaz ATTACHMENTS: II. Overhead 2. Planning Commission Staff Report 3. Resolution No. 2016-15 4. Reduced Plans 316 of 378 2016-78 CUP, LS —1404 & 1408 Coolidie Ave. & 316 W. 14th St. — Overhead 317 of 378 Title: 710 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Item no. November 7, 2016 PUBLIC HEARING — CONDITIONAL USE PERMIT AND TENTATIVE PARCEL MAP TO CONVERT A THREE UNIT MULTJ-FAMJLY DEVELOPMENT TO CONDOMINIUMS AT 1404 & 1408 COOLIDGE AVENUE AND 316 WEST 14TH STREET. Case File No.: 2016-18 CUP, LS Location: Southwest corner of Coolidge Avenue and West 14th Street Assessor's Parcel No.: 559-063-14 Staff report by: Martin Reeder, AICP — Principal Planner Applicant: William Lewallen Zoning designation: MCR-1 — Multi -Use Commercial -Residential Adjacent land use/zoning: North: Multi -unit residential across West 14th Street / MCR-2 (Multi- unit residential (Smart Growth Center) East: Auto repair across Coolidge Avenue / MCR-1 South: Industrial use / RS-4 West: Industrial/Office use / MCR-1 Environmental review: Categorically Exempt pursuant to Class 3 Section 15303 (New Construction or Conversion of small structures) Staff recommendation: Approve 318 of 378 BACKGROUND The applicant has applied for a Conditional Use Permit (CUP) and Tentative Parcel map to convert three existing single-family houses on the same property to condominium ownership. The homes and the property have recently been renovated. Prolect location The project site is at the southwest corner of Coolidge Avenue and West 14t'' Street in the Multi -Use Commercial -Residential (MCR-1) zone of the Westside Specific Plan. The existing use is a detached three unit multi -family rental development. The building square footages are 657, 653, and 666 square feet. All units are two -bedroom, one - bathroom units and rent for $1,400 per month. There is a five space parking lot in the rear of the property that is accessible from an alley off of West 14th Street. Proposed Use The applicant is proposing to convert the development into individually owned condominiums. No construction is proposed. Analysis General Plan This project will provide three new home ownership opportunities, which is encouraged by the General Plan. The property is currently consistent with allowable density and the Land Use designation, which will continue due to no construction being proposed. Westside Specific Plan The property is located within the Multi -Use Commercial -Residential (MCR-1) zone of the Westside Specific Plan, which allows multi -unit residential projects to a maximum density of 24 units per acre. A 5,750 square foot property would allow a maximum of three units, which the project is consistent with. The Specific Plan requires a parking ratio of one space per unit for detached units less than 1,200 square feet in size. In this case, three parking spaces would be required where five are provided. Subdivision Ordinance The proposed subdivision (condominium, conversion) is consistent with the Subdivision Ordinance as the existing lot meets minimum lot size and lot width dimensions, and because no new property lines or construction is proposed. Land Use Code The conversion of existing rental properties to condominiums is permitted by the Land Use Code subject the issuance of a Conditional Use Permit (CUP). Consistency with 319 of 378 the Housing Element goals and objectives is also required. The Housing Element encourages conversion of existing multi -unit rental stock to affordable ownership, which this proposal is consistent with. The property was recently upgraded (2014), including the rehabilitation of all three units. The improvements included new foundations, plumbing, electrical, framing, and drywall. Because of the recent timeframe of upgrades, staff did not require a physical elements report, which is normally required for condo conversion applications. Subdivision Map Act As part of the CUP requirements, the Land Use Code requires that all requirements of the State Subdivision Map Act (§66427.1) be satisfied. These requirements include notice to tenants of the intention to convert, filing of the final map, and right of tenants to exclusive contract for purchase in condominium projects. The applicant has provided notice to the tenants in compliance with §66427.1, which has also been included in the recommended Conditions of Approval. Conditional Use Permit - Required findings The Municipal Code contains required findings for Conditional Use Permits. There are six required findings: 1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code. Detached multi -unit residential uses are permitted by right in the Mixed Use Commercial -Residential (MCR-1) zone. The requirement fora CUP is only necessary due to the conversion of rental stock to condominium ownership. The property meets and will continue to meet the requirements of the MCR-1 zone. 2. The proposed use is consistent with the General Plan and any applicable specific plan. The Housing Element of the General Plan encourages additional homeownership opportunities, which this application would facilitate. In addition, the use is now and will continue to be consistent with the MCR-1 zone of the Westside Specific Plan, which allows detached multi -unit residential uses by right. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity. 320 of 378 The use would be compatible with the area because the three residential units exist on the site and no construction is proposed. In addition, the existing detached multi -unit residential use is permitted by right in the MCR-1 zone. 4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints. The site is suitable for the proposed condominium conversion, because the property is already developed with the use, which is permitted by right and meets required design guidelines, and because no construction is proposed. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located. There would be no impacts caused by the approval of this application because the three residential units exist on the site and are permitted by right in the MCR-1 zone. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act. The proposed project has been reviewed in compliance with the California Environmental Quality Act. Staff has determined the proposed use to be categorically exempt from environmental review pursuant to Class 1, Section 15301 (Existing Facilities), for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. Tentative Parcel Map - Required findings The Subdivision Ordinance contains required findings for Tentative Parcel Maps. There are nine required findings, which are also required by the Subdivision Map Act: 1. The proposed map is consistent with the National City General Plan and applicable specific plans. Detached multi -unit residential uses are permitted by right in the Mixed Use Commercial -Residential (MCR-1) zone. The requirement for a CUP is only necessary due to the conversion of rental stock to condominium ownership. The property meets and will continue to meet the requirements of the MCR-1 zone. 2. The site is physically suitable for the proposed type of development. 321 of 378 The site is suitable for the proposed condominium conversion, because the property is already developed with the use, which is permitted by right and meets required design guidelines, and because no construction is proposed. 3. The site is physically suitable for the proposed density of development. The existing density of the project is 22.7 units per acre, where 24 units per acre are permitted in the MCR-1 zone of the Westside Specific Plan. 4. The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. There is no natural habitat in the area or bodies of water present on -site. In addition, the use is existing and surrounded by urban development, plus no construction is proposed. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems. No construction is proposed and all necessary public services are and will continue to be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. There are no existing easements on the property and no construction is proposed. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. The project is required to install and/or upgrade to current requirements for sewage disposal by the Conditions of Approval of this permit. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 322 of 378 The project will result in three new homeownership opportunities, which is consistent with and encouraged by the City's Housing Element. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. No construction is proposed in this case, as the three units are already in existence. The buildings were recently upgraded in compliance with the California Building Code, which takes such factors in to consideration. Department comments Comments were received from the Engineering Department and Sweetwater Authority. Engineering comments were related to final map and sewer requirements. Sweetwater Authority had comments related to plan contents, fire flow, and existing easements. Conditions of Approval Conditions of approval requiring a declaration of Covenants, Conditions and Restrictions (CC&Rs) and an owners association have been included to ensure that the property will be adequately maintained in the future. There are also conditions related to Subdivision Map Act requirements and including Engineering Department and Sweetwater Authority comments. Summary The proposed project is consistent with the General Plan, Housing Element, Westside Specific Plan, Subdivision Ordinance, and Land Use Code in that it meets all applicable design requirements for detached multi -unit residences in the MCR-1 zone. No construction is proposed, so no change in the physical environment. In addition, the project will provide three new affordable homeownership opportunities. 323 of 378 OPTIONS 1. Approve 2016-18 CUP, LS subject to the attached conditions, and based on attached findings or other findings as determined by the Planning Commission; or 2. Deny 2016-18 CUP, LS based on findings as determined by the Planning Commission; or 3. Continue the item for additional information ATTACHMENTS 1. Recommended Findings 2. Recommended Conditions 3. Overhead 4. Site Photos 5. Applicant's Plans (Exhibits A and B, Case File No. 2016-18 CUP, LS, dated 7/14/2016) 6. Public Hearing Notice (Sent to 53 property owners & 67 Occupants) 7. Notice of Exemption MARTIN REEDER, AICP Principal Planner BRAD RAULSTON Deputy City Manager 324 of 378 RECOMMENDED FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 2016-18 CUP, LS — 1404 & 1408 Coolidge Ave. & 316 W. 14th St. 1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because detached multi -unit residential uses are permitted by right in the Mixed Use Commercial -Residential (MCR-1) zone, and because the property meets and will continue to meet the requirements of the MCR-1 zone. 2. The proposed use is consistent with the General Plan and any applicable specific plan, because the Housing Element of the General Plan encourages additional homeownership opportunities, which this application would facilitate, and because the use is now and will continue to be consistent with the MCR-1 zone of the Westside Specific Pan, which allows detached multi -unit residential uses by right. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because the three residential units exist on the site and no construction is proposed, and because the existing detached multi -unit residential use is permitted by right in the MCR-1 zone. 4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, because the property is already developed with the use, which is permitted by right and meets required design guidelines, and because no construction is proposed. b. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the three residential units exist on the site and are permitted by right in the MCR-1 zone. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, because the proposed project has been reviewed in compliance with the California Environmental Quality Act and staff has determined the proposed use to be categorically exempt from environmental review pursuant to Class 1, Section 15301 (Existing Facilities), for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. 325 of 378 RECOMMENDED FINDINGS FOR APPROVAL OF THE TENTATIVE PARCEL MAP 2016-18 CUP, LS — 1404 & 1408 Coolidge Ave. & 316 W. 14th St. 1. The proposed map is consistent with the National City General Plan and applicable specific plans, because detached multi -unit residential uses are permitted by right in the Mixed Use Commercial -Residential (MCR-1) zone, and because the property meets and will continue to meet the requirements of the MCR-1 zone. 2. The site is physically suitable for the proposed type of development, because the property is already developed with the use, which is permitted by right and meets required design guidelines, and because no construction is proposed. 3. The site is physically suitable for the proposed density of development, because the existing density of the project is 22.7 units per acre, where 24 units per acre are permitted in the MCR-1 zone of the Westside Specific Plan. 4. The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, because there is no natural habitat in the area or bodies of water present on -site. In addition, the use is existing and surrounded by urban development, plus no construction is proposed. 6. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, because no construction is proposed and all necessary public services are and will continue to be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed . subdivision, because there are no existing easements on the property and no construction is proposed. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6, because the project is required to install and/or upgrade to current requirements for sewage disposal by the Conditions of Approval of this permit. 326 of 378 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources, because the project will result in three new homeownership opportunities, which is consistent with and encouraged by the City's Housing Element. 9. The design of the subdivision provides; to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage, because no construction is proposed in this case, as the three units are already in existence. In addition, the buildings were recently upgraded in compliance with the California Building Code, which takes such factors in to consideration. 327 of 378 i1 RECOMMENDED CONDITIONS OF APPROVAL 2016-18 CUP, LS — 1404 & 1408 Coolidge Ave. & 316 W. 14th St. General 1. This Conditional Use Permit and Tentative Parcel Map authorize a one -lot subdivision with three residential condominium units. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A and B, Case File No. 2016-18 CUP, LS, dated 711412016). 2. Before this Conditional Use Permit and Tentative Parcel Map shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit and Tentative Parcel Map. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit and Tentative Parcel Map are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the City Manager or designee prior to recordation. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental fling fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.12.040 of the Municipal Code. Building 5. Plans submitted for future improvements must comply with the current edition of the California Building, Electrical, Fire, Plumbing, and Mechanical Codes. Fire 6. Plans submitted for future improvements must comply with the current editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA). 328 of 378 Engineering 7. All existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If missing or disturbed, a licensed land surveyor or civil engineer shall restore them after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the City of National City Engineering Department as soon as filed. 8. Separate water and sewer laterals shall be provided to each lot/parcel. Existing sewer infrastructure shall be replaced with a new six-inch (6") lateral. 9. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of- way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 1O.The final parcel map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 11.The developer shall submit to the Fire Department a letter from Sweetwater Authority stating existing fire flow. If determined by the Fire Department that additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Sweetwater Authority prior to obtaining the final map approval. 12. The final map shall be recorded prior to issuance of any building permit. 13.AII new property line survey monuments shall be set on private property, unless otherwise approved. 14.The parcel map/final map shall use the California Coordinate System for its "Basis of Bearings" and express ail measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. Planning 15. All tenant noticing of flings and purchasing opportunities shall be undertaken as required by Subdivision Map Act §66427.1, as well as compliance with all other requirements of the Subdivision Map Act applicable to condominium conversions. 16.A structural pest report shall be submitted prior to final map indicating that the properties are free of any colonization of any insects, vermin, or other pests. 329 of 378 13 flit 17. Smoke detectors shall be required for all rooms and/or dwelling units as required by the current editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA). 18. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, clearly setting forth the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of parking areas, walks, buildings, utilities and open spaces prior to approval of the final map. Said CC&R's shall be subject to approval as to content and form by the City Attorney. The CC&R's shall allow the City the authority but not the obligation to assume maintenance of the property and assess the full cost including overhead costs therefore as a lien against the property if said property is not adequately maintained per the agreement. The CC&R's shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 19.A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 20. All landscape areas, existing and proposed, shall be properly irrigated. All irrigation systems shall be maintained in working order to provide adequate water supply to said landscaping. Sweetwater Authority 21. The submitted plans incorrectly show a sewer meter, rather than a water meter, fronting the existing single family dwelling (Bldg. 1). The Final Map shall be corrected to indicate the meter as a water meter which serves 1408 Coolidge Avenue. 22.This property is most likely encumbered by an Authority blanket easement. The Authority recommends that the Owner quitclaim the easement prior to Parcel Map recordation. By quitclaiming the easement, the parcel title will be free of the blanket easement encumbrance, and a Letter of Omission requirement will not be necessary. Quitclaims require approval of the Authority's Governing Board. The Authority fee for such a request is $700. If the Owner does not choose to quitclaim the blanket easement, the Owner must submit a written request to the Authority for a Letter of Omission. 330 of 378 23. The parcel is located in a section of the Authority's service area that is served by a 6-inch water main on Coolidge Avenue only. The closest fire hydrant is located at the south east comer of West 14th Street and Harding Avenue. The Authority may not be able to provide fire flow as required by the National City Fire Department. It is highly recommended that the Owner consult with the Fire Department and obtain options to provide adequate fire protection for the proposed condominiums. 331 of 378 1 2016-18 CUP, LS 4- iO4 & 1408 Coolidge Ave. & 316 W 4th St. — Site Photos Looking southwest from West 14th Street and Coolidge Avenue Looking southeast from West 14th Street 332 of 378 2016-18 CUP, LS .4o4 & 1408 Coolidge Ave. & 3161. 4th St. — Site Photos Looking southeast from West 14th Street/alley 333 of 378 CITY OF NATIONAL CITY- PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT AND TENTATIVE PARCEL MAP TO CONVERT A THREE UNIT MULTI -FAMILY DEVELOPMENT TO CONDOMINIUMS AT 1404 & 1408 COOLIDGE AVENUE AND 316 WEST 14TH STREET_ CASE FILE NO.: 2016-18 CUP, LS APN: 559-063-14 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, November 7, 2016, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: William Lewallen) The applicant is proposing to convert three existing single-family homes on the property into individually owned condominium units. No construction is proposed. Information is available for review at the City's Planning Department, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Department on or before 12:00 p.m., November 7, 2016, who can be contacted at 619-336-4310 or planning nationalcityca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DEPARTMENT BRAD RAULSTON Deputy City Manager 334 of 378 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: 2016-18 CUP, LS Project Location: 1404 & 1408 Coolidge Avenue and 316 West 14th Street. Lead Armen y: City of National City Contact Person: Martin Reeder Telephone Number: (619) 336-4313 Description of Nature. Purpose and Beneficiaries of Project: Tentative Parcel Map and Conditional Use Permit for the conversion of three existing single-family homes on one property to condominium ownership. Applicant: William Lewallen 264 UEu Street Chula Vista, CA 91910 Telephone Number: (619) 203-3423 Exempt Status: ® Categorical Exemption. Class 3 Section 15303 (New Construction or Conversion of small structures) Reasons why project Is exempt: There is no possibility that the proposed use will have a significant impact on the environment because no construction is proposed, only a change in use from rental to owner -occupied housing. Date: MARTIN REEDER, AICP Principal Planner 335 of 378 RESOLUTION NO. 2016-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND TENTATIVE PARCEL MAP TO CONVERT A THREE UNIT MULTI -FAMILY DEVELOPMENT TO CONDOMINIUMS AT 1404 & 1408 COOLIDGE AVENUE AND 316 WEST 14TH STREET. CASE FILE NO. 2016-18 CUP, LS APN: 559-063-14 WHEREAS, application was made for approval of a Tentative Parcel Map and Conditional Use Permit to convert a three unit multi -family development to condominiums at 1404 & 1408 Coolidge Avenue and 316 West 14t Street on property generally described as: LOTS 21 AND 22 IN BLOCK 114 OF 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 RECORDER OF SAN DIEGO, OCTOBER 2, 1882. WHEREAS, the Planning Commission of the City of National City considered the Conditional Use Permit and Tentative Parcel Map at a duly advertised public hearing held on November 7, 2016, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2016-18 CUP, LS maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the Planning Commission has analyzed the project pursuant to the California Environmental Quality Act (CEQA), and determined that the activity in question is exempt from CEQA under 14 Cal. Code Regs. Section 15303 (New Construction or Conversion of small structures) WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. 336 of 378 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on November 7, 2016, support the following findings: FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because detached multi -unit residential uses are permitted by right in the Mixed Use Commercial -Residential (MCR-1) zone, and because the property meets and will continue to meet the requirements of the MCR-1 zone. 2. The proposed use is consistent with the General Plan and any applicable specific plan, because the Housing Element of the General Plan encourages additional homeownership opportunities, which this application would facilitate, and because the use is now and will continue to be consistent with the MCR-1 zone of the Westside Specific Plan, which allows detached multi -unit residential uses by right. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because the three residential units exist on the site and no construction is proposed, and because the existing detached multi -unit residential use is permitted by right in the MCR-1 zone. 4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, because the property is already developed with the use, which is permitted by right and meets required design guidelines, and because no construction is proposed. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the three residential units exist on the site and are permitted by right in the MCR-1 zone. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, because the proposed project has been reviewed in compliance with the California Environmental Quality Act and staff has determined the proposed use to be categorically exempt from environmental review pursuant to Class 1, Section 15301 (Existing Facilities), for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. 337 of 378 L1 FINDINGS FOR APPROVAL OF THE TENTATIVE PARCEL MAP 1. The proposed map is consistent with the National City General Plan and applicable specific plans, because detached multi -unit residential uses are permitted by right in the Mixed Use Commercial -Residential (MCR-1) zone, and because the property meets and will continue to meet the requirements of the MCR-1 zone. 2. The site is physically suitable for the proposed type of development, because the property is already developed with the use, which is permitted by right and meets required design guidelines, and because no construction is proposed. 3. The site is physically suitable for the proposed density of development, because the existing density of the project is 22.7 units per acre, where 24 units per acre are permitted in the MCR-1 zone of the Westside Specific Plan. 4. The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, because there is no natural habitat in the area or bodies of water present on -site. In addition, the use is existing and surrounded by urban development, plus no construction is proposed. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, because no construction is proposed and all necessary public services are and will continue to be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, because there are no existing easements on the property and no construction is proposed. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6, because the project is required to install and/or upgrade to current requirements for sewage disposal by the Conditions of Approval of this permit. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental 338 of 378 resources, because the project will result in three new homeownership opportunities, which is consistent with and encouraged by the City's Housing Element. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or tot coverage, because no construction is proposed in this case, as the three units are already in existence. In addition, the buildings were recently upgraded in compliance with the California Building Code, which takes such factors in to consideration. BE IT FURTHER RESOLVED that the application for Conditional Use Permit and Tentative Parcel Map is approved subject to the following conditions: General 1. This Conditional Use Permit and Tentative Parcel Map authorize a one -lot subdivision with three residential condominium units. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A and B, Case File No. 2016-18 CUP, LS, dated 7/14/2016). 2. Before this Conditional Use Permit and Tentative Parcel Map shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit and Tentative Parcel Map, The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit and Tentative Parcel Map are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the City Manager or designee prior to recordation. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.12.040 of the Municipal Code. 339 of 378 .60 Building v. Plans submitted for future improvements must comply with the current edition of the California Building, Electrical, Fire, Plumbing, and Mechanical Codes. Fire 6. Plans submitted for future improvements must comply with the current editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA). Engineering 7, All existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If missing or disturbed, a licensed land surveyor or civil engineer shall restore them after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the City of National City Engineering Department as soon as filed. 8. Separate water and sewer laterals shall be provided to each lot/parcel. Existing sewer infrastructure shall be replaced with a new six-inch (6") lateral. 9. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of- way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 10, The final parcel map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 11. The developer shall submit to the Fire Department a letter from Sweetwater Authority stating existing fire flow. If determined by the Fire Department that additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Sweetwater Authority prior to obtaining the final map approval. 12.The final map shall be recorded prior to issuance of any building permit. 13.AII new property line survey monuments shall be set on private property, unless otherwise approved. 14.The parcel map/final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian and the north point shall appear on the map, Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 340 of 378 Planning 15.AII tenant noticing of filings and purchasing opportunities shall be undertaken as required by Subdivision Map Act §66427.1, as well as compliance with all other requirements of the Subdivision Map Act applicable to condominium conversions. 16.A structural pest report shall be submitted prior to final map indicating that the properties are free of any colonization of any insects, vermin, or other pests. 17.Smoke detectors shall be required for all rooms and/or dwelling units as required by the current editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA). 18. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, clearly setting forth the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of parking areas, walks, buildings, utilities and open spaces prior to approval of the final map. Said CC&R's shall be subject to approval as to content and form by the City Attorney. The CC&R's shall allow the City the authority but not the obligation to assume maintenance of the property and assess the full cost including overhead costs therefore as a lien against the property if said property is not adequately maintained per the agreement. The CC&R's shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 19.A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attomey as to fomi and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 20.Ali landscape areas, existing and proposed, shall be properly irrigated. All irrigation systems shall be maintained in working order to provide adequate water supply to said landscaping. Sweetwater Authority 21.The submitted plans incorrectly show a sewer meter, rather than a water meter, fronting the existing single family dwelling (Bldg. 1). The Final Map shall be corrected to indicate the meter as a water meter which selves 1408 Coolidge Avenue. 22.This property is most likely encumbered by an Authority blanket easement. The Authority recommends that the Owner quitclaim the easement prior to Parcel Map recordation. By quitclaiming the easement, the parcel title will be free of the blanket easement encumbrance, and a Letter of Omission requirement will not 341 of 378 be necessary. Quitclaims require approval of the Authority's Governing Board. The Authority fee for such a request is $700. If the Owner does not choose to quitclaim the blanket easement, the Owner must submit a written request to the Authority for a Letter of Omission. 23. The parcel is located in a section of the Authority's service area that is served by a 6-inch water main. on Coolidge Avenue only. The closest fire hydrant is located at the south east corner of West 14th Street and Harding Avenue. The Authority may not be able to provide fire flow as required by the National City Fire Department. It is highly recommended that the Owner consult with the Fire Department and obtain options to provide adequate fire protection for the proposed condominiums. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of November 7, 2016, by the following vote: AYES: Bush, Garcia, Baca, Sendt, Flores NAYS: Yamane ABSENT: Dela Paz ABSTAIN: None 4-1 AIRPE 342 of 378 LZ 81 g AtURGOYT ASIV S L -.--�---- a P T.7N A':ION REPAIRS C�7kR11NE Gt PRIVATE Utidnit1I 547 II BEffgar-afE Mg_ EX niNm1C 't I if if W s, f1 s� A / \ earAdeg Ig1=LIraiE ! I tot ` 6- ,. n 110219FTY LW'EOM ak$TI G sCowrx Ea1S7M a s SURFACE 'DRAINAGE SOME ,441iR<> MAIN AMYRaz ewLA4i4: A tv1 LF 6i 1iyNE1' THE re r le AO nr WERVYIXIS s 1 COOAVEE'* O - - _ , - PLOT ei AN 343 of 378 Ztei • sail report M4R1W R aim pig 6C 2 MOM LWIVf, S4N plrA, G gas TTL sr -at fxa: AN-5a9ae .ao ca+ awry sago! J EXHIBIT. TENTATIVE PARCEL MAP NO. CASE FRL Nr: , 16 —1 F G{,, ; i $ TENTATIVE PARCEL MAP EXHIBIT DATE II F�FNfY .SPOT ELEVATION >t 1R15 CRAIN LINK FENCE - CWL71E WATER METER SEWER 1IE1ER E� PROPERTYADDRESS5S: •'w 310 W 14TH STREET 1404 COOLIDGE AVENUE 1465 COOLIDGEAVENUE DEVELOPMENT SUMMARYANO NOTES: THIS IS A CONDOMINIUM PROJECT AS DEFINED IN SECTION NO. 4125 OF THE CML CODE OF THE STATE OF CALIFORNIA. THIS ISACONDOMINIUM CONVERSION OF 3 RESIDENTIAL UNITSTO BE ONA SINGLE LOT RYA LOT MERCER PARCEL MAP. MAPPING AND MONUMENTATICN NOTE: A LOT MERGER PARCEL MAP WILL F.LE WITH A PROCEDURE OF SURVEY AND SETTING THE PROPERTY CORNERS FOR THIS SUBDIVISION Of LANO. ASSESSORS PARCEL NUMBER; 550 009.14 NO DEVELOPMENT IS PROPDSED. LEGAL DESCRIPTION; LOTS 21 AND 22 OF BLOCK114 OF NATIONAL CITY, IN THE CITY OF NATIONAI CITY. COUNTY OF SAN DIEGO, STATE DF CALIFORNIA, ACCORDING TO MAP THEREOF N0.340. FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, OCTOBER 2, 1882. LOTAREAS: LOT 21= 21175 SPFT LOT 22 = 21375 &'..FT PROPOSED LOT AREA LOT 21 AND LOT 22 COMBINED u 5750 SOFT BUILDING AREAS: BUILDING 1 e 657 SOFT BUILDING 2 = 553 SOFT BUILDING 3= 801 SOFT NO EXISTING EASEMENTS. TOPOGRAPHIC SURVEY CONDUCTED BY MONTES DE OCA'S SURVEYING ON AUGUST 1, 2015. ALL PUBLIC UTILITIES ARE 1N PLACE. GAS MAIN IS LOCATED ON COOLIDGE AVE AND RE1=ERENCE AS -BUILT DRAWING NO. A51-L SEWER MAIN LINE IS LOCATED ON W 14TH STREET SERVICING ALL DWELLINGS. ELECTRICAL LINES ARE All OVERHEAD LINES SERVICING ALL DWELLINGS. oovr tele 7*a 'ar FIRE HYDRANT LOCATION: S£ CORNER OF HARDING AVENUE AND WEST COOLIDGE AVE APPROX. 400 FEET OF PROJECT BITE. OWNERS: WI W AM AND DIANA LEWALLEN 17D CYPRESS STREET, CHU LA VISTA , CA PREPARED BY: JOHN MONTES DE OCA, PLO B144 PRELIMINARY 1535 MAX AVENUE CHULAVISTA, CA- 91011 [Big!, 315-5918 No r4r EXISTING SINGLE FAMILY DWELLING [BLDG 3) va FRDPERTY ZONING: MULTI -RESIDENTIAL 2-4 BENCHMARK: BRASS PIN a SF CAR OF HARDINGAV'NUE AND W 14TH STREET ELEVATION: 14.24 MSL TOPO ELEV. RANGE ON PROPERTY 152 -17.9 W 14TH STREET hJ 12 a 3 Mr aj RA Parkway Sidewalk 115.13 FT raLa .";, fiI{ LOT 22 .1. BLOCK ,[ 114 EXISTING SINGLE FAMILY DWELLING [BLDG 2) } Tree to COW �• Remain I I wood Fora MAP NO.: 346 LOT21 115.13 FT Gammon Area: ALL OF LOT 21 AN D22 OF BLOCK 114 OF Map 348 at Elevation 60-00 Le 51.0D above MSLeIBvo6on. tip EXISTING SINGLE FAMILY DWELLING (SLOG 11 lio• LOT20 MAP348 ALL THREE STRUCTURES WERE VIRTUALLY REMODELED COMPLETELY WITH BUILDING PERMITS ON FILE IN CITY RECORDS ON MARCH OF 2915, SAW FRUIT PORCH FROM'PaNcH Street L ght 10' 2P 111 F,11 I ' /TIDE R I UF'M,SY 3f1N3 W 30011000 344 of 378 CC/CDC-HA Agenda 12/6/2016 — Page 345 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 authorizing the Executive Director to execute an Exclusive Negotiating Agreement by and between the Community Development Commission -Housing Authority of the 345 of 378 CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY COUNCIL AGENDA STATEMENT MEETING DATE: December 6, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the Community Development Commission -Housing Authority of the City of National City authorizing the Executive Director to execute an Exclusive Negotiating Agreement by and between the Community Development Commission -Housing Authority of the City of National City and Community HousingWorks, Inc., a California non-profit public benefit corporation, and Mercy Housing California, Inc., a California non-profit public benefit corporation for the recapitalization and rehabilitation of Kimball and Morgan Towers located at 1317 and 1415 "D" Avenue in National City. PREPARED BY: Carlos Aguirre, Housing & Economic Development Manager PHONE: 619-336-4391 EXPLANATION: See Attachment No. 1. DEPARTMENT: Housing & Economic velopment APPROV BY: FINANCIAL STATEMENT: APPROVED: APPROVED: See Financial Impact Statement in Attachment No. 1. ACCOUNT NO. Finance MIS ENVIRONMENTAL REVIEW: Approval of the exclusive negotiating agreement 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(b1(3) of the CEQA Guidelines is not subiect to CEQA. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Attachment No. 1: Staff Report Attachment No. 2: Exclusive Negotiating Agreement with RFQ attached as Exhibit "A" Attachment No. 3: Resolution 346 of 378 Attachment No. 1 COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY STAFF REPORT December 6, 2016 Item: Resolution of the Community Development Commission -Housing Authority of the City of National City ("CDC -HA") authorizing the Executive Director to execute an Exclusive Negotiating Agreement by and between the Community Development Commission -Housing Authority of the City of National City and Community HousingWorks, Inc., a California non-profit public benefit corporation, and Mercy Housing California, Inc., a California non-profit public benefit corporation for the recapitalization and rehabilitation of Kimball and Morgan Towers located at 1317 and 1415 D Avenue in National City. Background: Kimball and Morgan Senior Towers ("Towers") are located in central National City, within the Kimball Community. The two nine -story Towers are located on D Avenue between Kimball Way and 15th Street. Morgan Senior Tower is a 151-unit affordable senior residential property built in 1978. Kimball Senior Tower is a 152-unit affordable senior residential property completed in 1986. On March 4, 2016, the CDC-HA's Board of Commissioners ("CDC -HA Board") was presented with a draft RFQ to provide direction in considering qualified development teams for the recapitalization and rehabilitation of the Towers. The RFQ process presented was modeled after the RFQ previously issued in March 2010 for the Kimball and Morgan Tower Enhancement and Expansion Project. The CDC -HA was supportive and voted in favor of staff issuing the RFQ as drafted. The draft RFQ incorporated a Selection Committee to be composed of experienced professionals and community members with working knowledge of affordable housing development, public finance, and community needs that could deliberate on and rank RFQ submissions with respect to the goals, objectives, and scoring criteria provided in the RFQ. The RFQ was issued on March 24, 2016 and is included in the Staff Report as Attachment No.1. The RFQ solicited responses from professional affordable housing development teams and considered the following criteria: 1. Experience and qualifications (Max. Score: 25) 2. Leveraging of non -CDC -HA resources (Max. Score: 20) 3. Financial Capacity (Max. Score: 20) 4. Operating Experience (Max. Score: 20) 5. Resident Services and Involvement (Max Score: 15) Staff reviewed the RFQ submissions first for completeness and, on the week of May 30, 2016, delivered copies of the eight RFQ submittals to each member of the Selection Committee. The Selection Committee convened on Monday, June 6, 2016 to review and score each submission 1 347 of 378 Attachment No. 1 in an effort to select the project development teams who would be invited to interview. The Selection Committee selected five RFQ proposals for interviews scheduled for Monday, June 13, 2016. After the interviews were completed, the Selection Committee scored the development teams interviewed based on the RFQ's criteria taking into consideration the quality of each interview with the Selection Committee. By calculating an average of all cumulative scoring provided by each Selection Committee Member, the development team consisting of Community Housing Works and Mercy Housing California ranked the highest overall out of a total of 100 points: 1. Community HousingWorks and Mercy Housing California (Overall Score: 83.4) 2. Bridge Housing Corporation (Overall Score: 81.6) 3. Chelsea and Serving Seniors (Overall Score: 77.8 ) 4. National Community Renaissance of California and Reiner Communities (Overall Score: 77.5) 5. The RAHD Group, Affirmed Housing, Community Preservation Partners LLC, Thompson Consulting, and Casa Familiar (Overall Score: 70.6) At the Regular Meeting on October 4, 2016 of the CDC -HA staff provided a recommendation to the CDC -HA Board to select Community Housing Works and Mercy Housing as the developer for the rehabilitation and recapitalization of Kimball and Morgan Towers. Written and Oral Comments- October 4, 2016 CDC -HA Resolution Item #22 The City Council and City Staff received a letter ("Letter") dated July 11, 2016, on behalf of development team consisting of the RAHD Group, Affirmed Housing, Community Preservation Partners LLC, Thompson Consulting, and Casa Familiar and referred to in the Letter as Morgan - Kimball Community Partners. The Letter thanked staff for their efforts in managing the RFQ but expressed concerns with the process and suggested that the CDC -HA Board should have played greater role in the RFQ selection process. The public had the opportunity to comment on the RFQ process when it was introduced for discussion at a public meeting of the CDC -HA on March 4, 2016, but no comments were received. The CDC -HA Board directed staff to issue the proposed RFQ as drafted which incorporated a Selection Committee of affordable housing and public finance professionals and community members to deliberate over the RFQ submissions and select a development team for further consideration by the CDC -HA. The City Manager received a letter ("Chamber's Letter") from National City Chamber of Commerce. The Chamber's Letter suggested that the CDC -HA conduct a Request for Proposals ("RFP") instead of working through an exclusive negotiations agreement with the development team selected through the Request for Qualifications. An RFP process would require that every development team considered invest substantially more time and resources in due diligence including but not limited to performing or procuring extensive studies with regards to the capital assets and current financial conditions and projections for the project. The CDC -HA would also have to procure additional financial and other consultants to fully review all of the proposals submitted through an RFP, instead of working closely with the RFQ development team selected to exclusively negotiate the best terms and conditions with the CDC -HA for the project. 2 348 of 378 Attachment No. 1 State of California Assemblywoman Lorena Gonzalez submitted a letter requesting that the five development teams that provided presentations to the Selection Committee be provided an opportunity to make presentations to the CDC -HA Board for further consideration. A letter was also received from Congressman Juan Vargas requesting that CDC -HA Board consider presentations from the five development teams interviewed by the Selection Committee. Mitch Thompson of Thompson Consulting associated with Morgan -Kimball Community Partners also submitted additional written comments included in the public record. At the CDC -HA Regular Meeting on October 4, 2016, the CDC -HA Board acknowledged the written comments received and listened to oral comments regarding the Request for Qualifications process and on Staff's recommendation. After consideration of written and oral comments, the CDC -HA Board decided to hold an Adjourned Regular Meeting on October 25, 2016 to allow all five development teams to present to the CDC -HA Board the identical presentations that were made to the Selection Committee after which the CDC -HA Board would take final action on the Selection Committee recommendation. Developer Presentations to the CDC -HA Board on Tuesday, October 25, 2016, 5:00 p.m.: Presentations by all five development teams that presented to the Selection Committee were allowed to present as was directed by the CDC -HA Board on October 4, 2016. The CDC -HA Board was provided with each RFQ submission and any materials also provided during the RFQ Selection Committee presentations. The development team RFQ responses that were originally submitted have been made available for review on the City of National City website at www.nationalcityca.qov/rfq. The order of the presentations below was drawn randomly by the City Clerk. As directed by the CDC -HA Board, the presentation ground rules were provided in advance to each development team and are the following: 1. Presentations will be the same as made to the original Selection Committee, including the answers to the prior interview questions. 2. Presenters will have no more than 20 minutes, immediately followed by 20 minutes for questions and answers. 3. Presentations should not include a discussion of financial proposals to the Housing Authority unless such proposal was part of the original presentation. 4. Presenters should address the attached interview questions during their 20 minute presentations. 5. During development presentations, members of other development teams are asked to refrain from being present in City Council Chambers, out of fairness to each presenting group. 6. As requested by the CDC -HA Board, presenters should refrain from submitting organized public comment. Presentation Schedule 5:10 p.m. 5:50 p.m. 6:30 p.m. The RAHD Group, Affirmed Housing, Community Preservation Partners LLC, Thompson Consulting, and Casa Familiar Bridge Housing Corporation Community HousingWorks and Mercy Housing California 3 349 of 378 Attachment No. 1 7:10 p.m. 7:50 p.m. Chelsea Investment Corporation and Serving Seniors National Community Renaissance of California and Reiner Communities Councilmember Alejandra Sotelo-Solis recused herself from participation on this item in the October 25th meeting out of an "abundance of caution" for the potential existence of conflict of interest. After the presentations were completed, the CDC -HA Board decided to defer the selection of a Developer until the adjourned regular meeting of the CDC -HA on November 15th. The deferral would potentially allow for Councilmember Sotelo-Solis to participate in the selection of a Development Team upon further determination of the existence of a conflict of interest by the Fair Political Practices Commission of the State of California ("FPPC"). Since the FPPC did not render a determination by November 15th, the item was postponed until the regular meeting of the CDC -HA on December 6, 2016 for further consideration. Adoption of Resolution- Staff Recommendation: The RFQ Selection Committee, made up of affordable housing and public finance professionals and community members and Staff recommends the selection of Community HousingWorks and Mercy Housing California as the developer for the Recapitalization and Rehabilitation of Kimball and Morgan Towers. The development team formed by Community HousingWorks and Mercy Housing California scored the highest among those interviewed and their qualifications indicate the ability to deliver on the goals and objectives outlined in the Request for Qualifications issued by the CDC -HA. Staff has not identified a significant advantage to the City in further delaying this project (i.e. by reissuing the RFQ, further reconsidering the submissions or issuing an RFP in lieu of the RFQ process). In fact, such delays may jeopardize the CDC-HA's ability to complete the project in a timeline that would allow the CDC -HA to take advantage of favorable interest rates and negotiate the best terms on the renewal of the Department of Housing and Urban Development (HUD) Housing Assistance Payment contracts. Based on the above, Staff recommends that the CDC -HA Board enter into an ENA with Community HousingWorks and Mercy Housing California for the Recapitalization and Rehabilitation of Kimball and Morgan Towers. Fiscal Impact: Each party shall be responsible for its own costs and expenses in connection with any activities and negotiations undertaken in connection with the performance of its obligations under the ENA. The CDC -HA has budgeted for consultants needed to complete negotiations through Account No. 532-419-462-209-0000 and Account No. 532-419-462-213-0000 through the end of Fiscal Year 2016-2017. The CDC -HA estimates its total cost for legal and financial consultants should not exceed a total of $20,000 during the negotiation period. 4 350 of 378 Attachment No. 2 ENA EXCLUSIVE NEGOTIATING AGREEMENT (Morgan and Kimball Tower) This Exclusive Negotiating Agreement ("Agreement") is dated as of the day of 2016 ( "Agreement Date"), by and between the Community Development Commission -Housing Authority of the City of National City ("CDC -HA") and Community HousingWorks, a California nonprofit public benefit corporation, and Mercy Housing California, a California nonprofit public benefit corporation (collectively, the "Developer"). RECITALS A. The CDC -HA owns the Kimball and Morgan Towers, which are generally located at 1317 D Avenue and 1415 D Avenue in the City of National City, County of San Diego, California ("Property"). B. The Developer desires to recapitalize the Property and rehabilitate the improvements thereon generally as set forth in that certain Request for Qualifications ("RFQ") issued by the CDC -HA dated March 24, 2016, a copy of which is attached hereto as Exhibit A. Community HousingWorks and Mercy Housing California responded jointly to the RFQ and the entities are jointly referred to as Developer throughout this agreement. C. The CDC -HA and Developer desire to negotiate any and all agreements reasonably necessary for the CDC -HA to ground lease the Property and transfer title to the improvements thereon to the Developer and for the Developer to recapitalize and rehabilitate the Property as generally set forth in the RFQ ("Project"). The Property is currently being used as affordable housing for senior citizens, and this ENA and the Project do not contemplate changing the use of the Property. D. The purpose of this Agreement is to establish a period during which Developer shall have the right to exclusively negotiate with the CDC -HA the terms of the ground lease of the Property, the transfer title to the improvements thereon to the Developer and the implementation of the Project. NOW, THEREFORE, Developer and the CDC -HA, hereby agree as follows: 1. Negotiating Period. The CDC -HA agrees to exclusively negotiate with Developer and Developer agrees to exclusively negotiate with the CDC -HA regarding the terms of any and all agreements reasonably necessary respect to the Project for a one (1) year period beginning on the Agreement Date ("Negotiating Period"). The CDC -HA and Developer shall negotiate diligently and in good faith to carry out the obligations of this Agreement during the Negotiating Period. The obligation to negotiate in good faith requires the respective parties to communicate with each other with respect to those issues for which agreement has not been reached, and such communication to follow reasonable negotiation procedures, including meetings, telephone conversations, and correspondence. 2. Site Control. The Property is currently owned by the CDC -HA. 351 of 378 Attachment No. 2 ENA 3. Costs and Expenses. Each party shall be responsible for its own costs and expenses in connection with any activities and negotiations undertaken in connection with the performance of its obligations under this Agreement. 4. Activities During Negotiating Period. (a) Due Diligence. During the Negotiating Period, the CDC -HA shall provide the Developer and its contractors, consultants and employees with access to the Property as set forth in Section 9, below. CDC -HA will deliver to the Developer copies of: (i) all prior assessments in its possession or control related to the Property, including but not limited to Phase I and II Environmental, geotechnical, as -built building plans, specialized physical system inspections and assessments including roof, mechanical equipment, vertical transportation, building envelope and structural systems, survey including ALTA survey, if any; (ii) all HUD contracts and inspection reports, rent rolls, and financial statements for the Property in its possession or control, if any. In addition, CDC -HA will provide Developer feasibility for potential legal parcel modification. (b) Conceptual Proposal. Developer agrees that not later than One Hundred Eighty (180) days following the Agreement Date, Developer shall submit to the CDC -HA for review, a proposal for development of the Property and the Project, with supporting documents. In addition, Developer will provide the CDC -HA with the following documents, reports and information prior to the expiration of this Agreement: (1) The potential unit mix by number of bedrooms (if the Developer proposes a change from the existing unit mix), proposed income targeting, proposed rehabilitation work with preliminary cost estimates, and site amenities, with a schedule for implementation. (2) A proposed schedule for rehabilitation of the Property/development of the Project. (3) A financial pro forma which contains: (i) a projected development budget for the Project, (ii) a projected sources and uses analysis, (iii) a 15-year cash flow analysis, (iv) a proposed rent schedule and utility allowance schedule, (v) a projected operating budget for the Project, (vi) a phasing plan if applicable for development of the Project as two separate projects; and (vii) a proposal for long term contracts with U.S. Department of Housing and Urban Development and /or CDC -HA for project based housing vouchers. (4) Preliminary evidence of conventional construction and permanent financing options. (5) The name and qualifications of the architect which Developer proposes to use, if any. The CDC -HA will approve or disapprove the proposed architect in its sole and absolute discretion. 352 of 378 Attachment No. 2 ENA (6) The name and qualifications of the management agent that Developer proposes to use. The CDC -HA will approve or disapprove the proposed management agent in its sole and absolute discretion. (c) Negotiation and Approval of Agreements. If both the CDC -HA and Developer are satisfied with the proposed Project following submission of the documents in Subsection 4(b), the CDC -HA and Developer shall seek in good faith to negotiate and draft any and all mutually acceptable agreements reasonably necessary for the Project and for the Developer to demonstrate site control of the Project required by the California Tax Credit Allocation Committee and California Debt Limit Allocation Committee and U.S. Department of Housing and Urban Development. However, by entering into this Agreement, the Parties are not contractually bound to enter into any further agreements. 5. Termination/Expiration of Agreement. Except as provided in Section 10, below, or if this Agreement is extended by written consent of the Executive Director the CDC -HA and Developer, if at the end of the Negotiating Period, the CDC -HA and Developer have not agreed upon mutually acceptable agreements reasonably necessary for the development of the Project, then this Agreement shall terminate. 6. Cooperation. The CDC -HA agrees to cooperate with Developer in supplying proposed lenders or investors with appropriate information, if available and not otherwise privileged, to facilitate the Developer's financing for the Project. The CDC -HA shall also cooperate with Developer's professional consultants and associates in providing them with any information and assistance reasonably within the capacity of the CDC -HA to provide in connection with the proposed Project. 7. Nondiscrimination. Developer shall not discriminate against nor segregate, any person, or group or persons on account of sex, race, color, marital status, religion, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Project, nor shall Developer establish or permit any such practice or practices of discrimination or segregation in the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Project. 8. Environmental Requirements. Certain state and local environmental requirements (including, but without limitation, the California Environmental Quality Act of 1970, Public Resources Code Section 21000, et seq.) may be applicable to the proposed Project. Pursuant to such requirements, certain environmental documents may be required to be prepared and certified for the proposed Project. 9. Inspection of the Property. Developer and its agents, representatives, consultants and contractors may enter upon the Property, upon not less than forty-eight (48) hours advance notice to the CDC -HA, solely for the purpose of conducting visual, non-invasive inspections of the Property as further described in Section 4. If the Developer desires to do any invasive testing at the Property, the Developer may do so only after obtaining the CDC-HA's prior written consent to the same, which consent may be withheld or granted on conditions in the CDC-HA's sole and absolute discretion. The Developer shall provide the CDC -HA with a complete set of plans, 353 of 378 Attachment No. 2 ENA drawings and specifications ("Invasive Testing Plans") that define to the sole satisfaction of the CDC -HA the invasive testing to be performed on the Property and the names of all environmental and other consultants, contractors and subcontractors who will be performing such invasive testing (collectively "Developer's Consultants"). The Developer shall deliver the names of the Developer's Consultants and the Invasive Testing Plans to the CDC -HA concurrently with its request to the CDC -HA that the Developer desires to perform invasive testing. The Developer shall promptly restore the Property to the condition the Property was in immediately prior to any such tests, at the Developer's sole cost and expense. The Developer's Consultants, the Developer and each of their agents, representatives, consultants and contractors entering the Property shall maintain commercial general liability insurance covering such entry, in the amounts of Two Million Dollars ($2,000,000.00) combined single limit for each occurrence or Four Million Dollars ($4,000,000.00) general aggregate for bodily injury, personal injury and property damage including contractual liability. Prior to entering upon the Property, the Developer and any of its agents, representatives, consultants and contractors entering upon the Property shall provide, additional insured endorsements naming the CDC -HA and the City of National City as additional insureds. The Developer shall indemnify and defend the CDC -HA, the City of National City and their agents and employees and the Property from and against, and shall hold the CDC -HA, the City of National City and their agents and employees and the Property harmless from, any actions, losses, costs, damages, claims and/or liabilities, including but not limited to, mechanics' and materialmen's liens and attorney fees, proximately caused by the actions of Developer and/or its agents, representatives, consultants and contractors upon the Property. The Developer shall repair any damage caused to the Property by the Developer or its agents, representatives, consultants and contractors. The Developer shall not permit any mechanic's, materialman's, contractor's, subcontractor's or other lien arising from any work done by the Developer or its agents, representatives, consultants and contractors pursuant to this Agreement to stand against the Property. If any such lien shall be filed against the Property, the Developer shall cause the same to be discharged or bonded within ten (10) days after actual notice of such filing, by payment, deposit, bond or otherwise. The Developer's obligations under this Section 9 shall survive the termination or expiration of this Agreement. 10. Developer. (a) Developer Experience. As a condition precedent to the CDC-HA's execution of this Agreement, Developer submitted to the CDC -HA a detailed response to the RFQ regarding development experience of the Developer and its principals, associates, employees, partners and joint ventures. (b) Offices of Developer. The principal offices of the Developer are located at: 2815 Camino del Rio South, Suite 350 San Diego, CA 92108 Phone (619) 282-6647 The Project Manager for the Developer will be Mary Jane Jagodzinski 11. Address for Notices. Any notices pursuant to this Agreement shall be sent to the following addresses: 4 354 of 378 Attachment No. 2 ENA To CDC -HA: Copy to: To Developer: Community Development Commission - Housing Authority of the City of National City 1243 National City Blvd. National City, California 91950 Attn: Executive Director Christensen & Spath LLP 550 West C Street, Suite 1660 San Diego, CA 92101 Attn: Walter F. Spath, Esq. Community HousingWorks 2815 Camino Del Rio South, Suite 350 San Diego, CA 92108 Attn: Susan M. Reynolds, CEO Mercy Housing California 1500 South Grand Avenue, Suite 100 Los Angeles, California 90015 Attn: Ed Holder 12. Entire Agreement. This Agreement constitutes the entire understanding and agreement of the parties, integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof. 13. Amendment of Agreement. No modification, rescission, waiver, release or amendment of any provision of this Agreement shall be made except by a written agreement executed by the CDC -HA and Developer. 14. Future Agreements to Supersede this Agreement. This Agreement will be superseded, if and when the Developer and CDC -HA approve and execute all mutually acceptable agreements reasonably necessary for the development of the Project. 15. Assignment Prohibited. In no event shall Developer assign or transfer any portion of Developer's rights or obligations under this Agreement without the prior express written consent of the CDC -HA, which consent may be withheld in the CDC-HA's sole and absolute discretion. 16. Time of Essence. Time is of the essence of every portion of this Agreement in which time is a material part. 17. Signature Authority. All individuals signing this Agreement for a party which is a corporation, limited liability company, partnership or other legal entity, or signing under a power of attorney, or as a trustee, guardian, conservator, or in any other legal capacity, covenant to the 5 355 of 378 Attachment No. 2 ENA CDC -HA that they have the necessary capacity and authority to act for, sign and bind the respective entity or principal on whose behalf they are signing. 18. Counterparts. This Agreement may be executed in counterparts. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CDC -HA: Community Development Commission -Housing Authority of the City of National City By: Leslie Deese, Executive Director APPROVED AS TO FORM: Christensen & Spath LLP By: Walter F. Spath III Special Counsel to the CDC -HA [SIGNATURES CONTINUED ON FOLLOWING PAGE] 6 356 of 378 Attachment No. 2 ENA 7 DEVELOPER: Community HousingWorks, a California nonprofit public benefit corporation or Vice Presi • ent By: Mercy Housing California, a California nonprofit public benefit corporation By: Ed Holder, Regional Vice President 357 of 378 Attachment No. 2 ENA 7b DEVELOPER: Community HousingWorks, a California nonprofit public benefit corporation By: Anne B. Wilson, Senior Vice President Mercy Housing California, a California nonprofit public benefit corporation By: Ed Holder, Regional Vice President 358 of 378 Attachment No. 2 ENA EXHIBIT A Request for Qualifications issued by the CDC -HA dated March 24, 2016 359 of 378 Attachment No. 2 ENA REQUEST FOR QUALIFICATIONS (RFQ) Morgan and Kimball Towers Rehabilitation and Recapitalization 1415 & 1317 D Avenue National City, California ILI: •■■r yin �� -'f== loomimmiallinto March 24, 2016 RFQ Deadline: Thursday, May 12, 2016, 2:00 p.m. PST Community Development Commission - Housing Authority of the City of National City 140 E. 12' St., Suite B National City, CA 91950 360 of 378 Attachment No. 2 ENA RFQ AT A GLANCE ISSUE DATE: March 24, 2016 PROJECT TITLE: Morgan and Kimball Towers Rehabilitation and Recapitalization Project DESCRIPTION OF PROJECT The Community Development Commission - Housing Authority of the City of National City (CDC - HA) intends to rehabilitate and recapitalize the existing Kimball and Morgan Towers. Kimball and Morgan Towers (Towers) are located in National City at 1317 D Avenue and 1415 D Avenue, respectively. They are owned by the CDC -HA and help serve National City's affordable senior housing needs. The CDC -HA is seeking qualifications from experienced non-profit or for profit developers to enter into an Exclusive Negotiation Agreement to complete due diligence and design and is expected to lead to a Disposition and Development Agreement to rehabilitate and recapitalize existing structures. DEPARTMENT Housing, Grants, and Asset Management REQUESTING SUBMITTAL Three (3) original copies of submittal due 2:00 p.m. DEADLINE Thursday, May 12, 2016 in hard copy (no facsimile or e-mailed submittals) DELIVER SUBMITTAL TO PRIMARY CONTACT City of National City Office of the City Clerk 1243 National City Blvd National City, CA 91950 Carlos Aguirre Community Development Manager City of National City 140 E. 12th St., Suite B National City, CA 91950 Direct Line: (619) 336-4391 Fax: (619) 336-4292 caguirre@nationalcityca.gov 361 of 378 Attachment No. 2 ENA BACKGROUND The General Plan's Housing Element: National City's Housing Element (a required section in the General Plan) lays out an objective of continuing to provide housing opportunities and development of programs to improve the existing housing stock. The rehabilitation and recapitalization of Kimball and Morgan Towers ("Towers") is in line with each of these objectives. Community Need and Relevance to General Plan: The existing structures are dated and are in need of rehabilitation (Kimball built in 1986 and Morgan in 1978). Additionally, the availability of senior housing in National City is far below demand. The Towers have a 1.5 to 3 year waiting period and other affordable senior housing facilities within the city are experiencing comparable waiting periods. These trends will be amplified in the coming years as the baby boom generation continues to move into senior status (62+) and by the fact that people are living longer. To meet future community needs, the CDC -HA must transform the Property into a financial sustainable real estate asset; preserve affordability; improve resident experience; and insure the City's housing infrastructure by restructuring current debt to leverage additional private and public funding sources The Project Site: The Towers are located in central National City, within the Kimball Community. It is across the street from Kimball Park, and near Wal-Mart and other commercial businesses, the Boys and Girls Club, a Fire Station, a health center, and civic facilities. The project site (Attachment 1) is approximately 5.37 acres located on D Avenue between Kimball Way and 15th Street (APN: 561-410-05-00; 561- 410-04-00) in National City. The site is in an RM3 zoned area. It is a residential multifamily zone specifically designated for senior citizen housing and allows higher density development than the standard residential multifamily units (22.9 units/acre). The CDC -HA may elect to segregate a portion of the subject parcels for the future development of housing. Currently, the site is comprised of two 9-story senior housing complexes (Kimball and Morgan Towers) and Nutrition Center. There are a total of 303 units between the 2 towers: 152 units at Kimball Tower (150 currently unrestricted units rented to households at or below 50% AMI, and 2 units for property management staff), and another 151 at Morgan Tower (approximately 148 project -based units funded directly by the U.S. Department of Housing and Urban Development (HUD), 2 unrestricted 362 of 378 Attachment No. 2 ENA units rented to households at or below 50% AMI, and 1 unit for the assistant manager). Purpose: The purpose of the Project is to renovate the buildings and common area of the property. The renovation will result in updated housing units and building systems, energy efficiency and technology improvements, improved resident services, and other interior and exterior improvements. The CDC -HA desires to retain ownership of the land and negotiate a long-term ground lease. It is recommended that the selected developer purchase and operate the existing senior housing units and other improvements from the CDC -HA and provide a long-term financial package to recapitalize the improvements to finance the rehabilitation, preserve current levels of affordability at or below 50% of Area Median Income and repay any financial assistance provided by the CDC -HA. Project Objectives: The CDC -HA will take into strong consideration the applicant's ability to leverage outside resources to enhance the affordable housing project targeted for seniors. Submittals should prominently highlight the development teams past experience in seeking and being awarded grants and financing for similar projects. The project proposed shall (at a minimum) meet the following objectives: 1. Extend affordability covenants as feasible and the useful life of the improvement for at least 20 years without compromising affordability using any available financial resources. 2. Consider a financial structure that will maintain CDC -Housing Authority's ownership of the parcels through a long-term ground lease. 3. Assure full property renovation and rehabilitation including energy efficiency improvements, technology upgrades, upgraded building systems, and property/residential unit improvements. 4. Provide a method to relieve the City of National City's general fund subsidy to the George Waters Nutrition Center (Nutrition Center). 5. Allow the Nutrition Center to be managed and operated by the City of National City in the proposed financial model. SUBMITTAL REQUIREMENTS Development Team a. Design Team: Identify the Developer, Design Team and sub - consultants who will be responsible for implementing the proposed 363 of 378 Attachment No. 2 ENA project (name of individuals in charge, firm addresses, telephone numbers, website and e-mail addresses); b. Experience: Schedule of relevant projects completed by the developer and design team, including photographs, type of project, project address, unit count by type and size of unit, completed value, lenders involved (with contact references) and construction/completion dates. Experience with projects in an urbanized redevelopment area should be identified; c. Financial Partners: Identify all proposed financial partners for the project including banks, equity partners etc (name of firm and individuals in charge, addresses, telephone numbers, website and e- mail addresses); d. References: Each team member must include three professional references (lenders, investors, major accounts, etc.) with full names, relationship to team member, address and contact information. Grant Funding Experience Identify and provide examples of past successful experience applying for and winning grant funding for similar projects in California. RFQ Developer Statement of Qualifications Worksheet: Please complete and provide the Developer Statement of Qualifications Worksheet attached to this RFQ (Attachment 2). Disclosure of relevant lawsuits: Identify any and all lawsuits involving any or all of the proposed team members related to similar projects within the past three years including any lawsuits between team members and municipalities or redevelopment agencies. SELECTION PROCESS AND RFQ SCHEDULE This Request for Qualifications solicits responses for professional affordable housing development teams. As such, the selection of the preferred developer will not be based on the lowest bid and will, instead, consider all relevant and material factors. A Selection Committee will review and score (See Attachment 3 for Scoring Criteria) each proposal individually and will then meet as a group to discuss each proposal in an effort to select those firms and/or project teams who will be invited to an interview before the group. Notification of the invitation to interview will be 364 of 378 Attachment No. 2 ENA by telephone at least two weeks prior to the interview date. It is anticipated that interviews, if necessary, will be held from June 13-16, 2016. The CDC -HA will then attempt to enter into an Exclusive Negotiating Agreement ("ENA") with the selected respondent to the RFQ. If an agreement cannot be reached, the City will approach and negotiate with the second highest ranked development team. Issue date: Qualifications due: Interviews, if necessary: Development Team selected: March 24, 2016 May 12, 2016, 2:00 p.m. June 13-16, 2016* June 29, 2016 *This schedule may be amended, except for the Qualification due date, at the sole discretion of the CDC -HA. TERMS AND CONDITIONS Issuance of this RFQ does not commit CDC -HA to award an Exclusive Negotiation Agreement and/or any other contractual obligation, to pay any costs incurred in the preparation of a response to this request, or to procure a contract for services. All respondents should note that the execution of any agreement or contract pursuant to this RFQ is dependent upon the approval of the Board of Commissioners of the CDC -HA. The CDC -HA retains the right to reject any and all submittals. The Community Development Commission -Housing Authority Rights Regarding this Invitation The CDC -HA each reserves the right to reject all submittals for any reason without indicating reasons for said rejection. The CDC -HA does not accept any financial responsibility for any costs incurred by respondent. Issuance of this Request for Qualifications does not commit the CDC -HA to award a contract, to pay any costs incurred in the preparation of a response to this request, or to procure a contract for services. The CDC -HA reserves the right to waive any irregularities or informalities in the proposal or proposal process. The CDC -HA retains the right to reject all submittals. Selection is also dependent upon the negotiation of a mutually acceptable contract with the successful respondent(s). The CDC -HA reserves the right to cancel, for any or no reason, in part or in its entirety, this RFQ, including but not limited to: selection schedule, submittal date, and submittal requirements. 365 of 378 Attachment No. 2 ENA Acknowledgement of Amendments Each firm receiving a copy of this shall acknowledge receipt of any amendment to this Request for Qualifications by signing and returning the amendment with the completed proposal. The acknowledgment must be received by the CDC -HA at the time and place specified for receipt of proposals. Additional Information Questions regarding this solicitation shall be submitted in writing to: Community Development Commission -Housing Authority Attn: Carlos Aguirre, Community Development Manager 140 E. 12th St., Suite B National City, CA 91950 Or e-mail: caguirre@nationalcityca.gov Respondents/firms are cautioned that any oral statements made that materially change any portion of this RFQ are not valid unless subsequently ratified by a formal written amendment to this RFQ. No technical questions that may materially change any portion of this RFQ will be accepted during the seven calendar days prior to the time and date set for receipt of proposals. Nonconforming Terms and Conditions. Any proposal that includes terms and conditions that do not conform to the terms and conditions of this RFP is subject to rejection as non -responsive. The Community Development Commission -Housing Authority reserves the right to permit the respondent to withdraw non -conforming terms and conditions from its proposal prior to action by the Community Development Commission -Housing Authority to award a contract. Late Submissions. Any proposal received after the date and time specified for receipt shall not be accepted or considered. Right to Cancel The CDC -HA each reserve the right to withdraw or cancel, for any or no reason, at any time, in part or in its entirety, this RFP, including but not limited to: selection schedule, submittal date, and submittal requirements. 366 of 378 Attachment No. 2 ENA Variations in Scope of Work The CDC -HA may materially change the scope of services by way of written amendment to this RFQ. Such changes may include additions, deletions, or other revisions within the general scope of RFQ requirements. The CDC -HA may waive the written requirement for a variation in the scope of services if, in the opinion of the CDC -HA, such variation does not materially change the item or its performance within parameters acceptable to the CDC -HA. Applicable Laws The contracts awarded shall be governed in all respect by the laws of the State of California, and any litigation related to the contract or this RFQ shall be brought in the State of California, with a venue of the San Diego Superior Courts. The firm(s) awarded the contracts shall comply with all applicable Federal, State, and local laws and regulations. Public Information All documents received by the CDC -HA are considered public records and will be made available after the RFQ selection for public inspection and copying upon req u est. Independent Contractor Status The respondent agrees, if selected, that he or she shall perform the services as independent contractor(s) and not employee(s) of the Community Development Commission -Housing Authority. The CDC -HA shall not be considered the employer of respondent. The respondent understands, if selected, the respondent shall have the sole responsibility for deciding the manner and means of providing the services, except as outlined in any final agreement and its attachments or exhibits. Indemnification The respondent agrees, if selected, to indemnify and hold harmless the City of National City and the CDC -HA and all their respective officers and employees from any and all liability, claims, costs, including reasonable attorney's fees, demands, damages, expenses, and causes of action as outlined in the contract. Examination of Solicitation The respondent understands that the information provided herein is intended solely to assist the respondent in submittal preparation. To the best of the CDC- HA's knowledge, the information provided is accurate. However, the CDC -HA does not warrant such accuracy, and any errors or omissions subsequently 367 of 378 Attachment No. 2 ENA determined will not be construed as a basis for invalidating this solicitation. Further, by submitting a response to this solicitation, the respondent represents that he or she has thoroughly examined and become familiar with work required in the solicitation and is capable of performing quality work and to achieve the objectives of the CDC -HA. INSURANCE All required insurance (Attachment 2) shall be submitted within fifteen (15) days of notice of selection and prior to the commencement of any work. Failure to provide the insurance certificates within this time frame shall be cause for the proposal to be rejected as non -responsive. The entity/organization selected shall maintain insurance in full force and effect during the entire period of performance under the contract(s). Failure to do so shall be cause for termination of the contract(s). All policies must have a thirty (30) day non -cancellation clause giving the Community Development Commission -Housing Authority thirty (30) days prior written notice in the event a policy is cancelled. At the end of each contract year, the CDC -HA reserves the right to review insurance requirements and to require more or less coverage depending on the assessment of risk, the entity/organization's past experience, and the availability and affordability of increased liability insurance coverage. BUSINESS LICENSE The Developer selected to perform the work described in this RFQ as well as all team members, sub -consultants and service providers will be required to obtain a National City Business License. Business Licenses can be obtained at the City of National Finance Department. 368 of 378 Attachment No. 2 ENA SUBMITTAL DUE DATE Three (3) original copies of the submittal must be delivered to City Clerk's office no later than 2:00 p.m. on May 12, 2016. Submittals received by FAX or e-mail will be deemed not received. Incomplete submittals, incorrect or false information, or late submittals are cause for immediate disqualification. CONTACT PERSONS Carlos Aguirre Community Development Manager City of National City 1243 National City Blvd National City, CA 91950 619/336-4391 caguirre@nationalcityca.gov Alfredo Ybarra Director 1243 National City Boulevard National City, CA 91950-4301 619/336-4279 alfredoy(a�nationalcityca.gov Attachments posted with this RFQ 1. Site Parcel Map 2. Developer Qualifications Worksheet 3. Selection Criteria and Scoring 4. Insurance Requirements 369 of 378 ,W W 0 0 W CO fin Q 2. 4AC RoTar .rs/7 m RES FOR FUT ST •-t NOT A BLDG SITE CONDM. PARK VILLAGE DOG 79- a 61740 (SEE SHT 2) +Ni8. 41 itc u r#,CON. cn KiMBAALL WILLOWSEE L 2 - DOG f 7-51En71 M IS9.05 N IV w ,',' Ni .„, ALLEY +w. ara m co n 6 1.73AC PBD.08 1P0 A « ...e no 0.fn •Gdl11 ,.h ! .% x5.:acMrnl oL r'. ",: ,p,, 5/f'VB90E Z � N Sl. 2 a " .21AC ,vr7vc sr-Lr ST u (1 - 't . 20 11�1918117 1 -1 - _Stj. 11 -136K- - T L`-.I1 12 16 1514 -I- .... Q3 I 13 21 - - ' g'l i q I 1 I I 121 Ml -1 - 1. L:'ALIA? :Igl - - - 118 81 l 3 4 il- - - 7 516 - _ - _. - ... 60110,1 718 crSET CIAO, _ 91 - y7sJ 1,,112 i.0 sr - M1105 MM88 7 E 5/9'S'.:6" 23930 ti AVEM1 3 1 M1 O 216AC AVE ,74 1- �n 52 2 10 MAP 9199 -PARK VILLAGE (CONDM) MAP 9042-KiMBALL WILLOWS MAP 8807-CENTER CITY PROJECT MAP 1105-LOZIERS SUB ROS 10144 560-41 SHT.IOF2 CHANG S ELK OLD NEW YR CUT 7 298 ie Pie .1-? /0-20 %$ O/.dY. 7 $ 1 70 229 4/6 / '124 79 4i0 1 z2 80 55 4t0 21 cou0>a 8o 497 22 U+NcHAO 565 rwe OW 87 5415 aau VN3 Z 'oN iuewyoeuay Attachment No. 2 ENA RFQ Attach. No. 2 DEVELOPER STATEMENT OF QUALIFICATIONS/ FINANCIAL SUMMARY 371 of 378 Attachment No. 2 ENA RFQ Attach. No. 2 DEVELOPER STATEMENT OF QUALIFICATIONS & FINANCIAL SUMMARY I. DEVELOPER INFORMATION Name: Address: Telephone/Fax: Contact Name: Is the Developer a subsidiary of/or affiliated with, any other C orporation(s), 1 oint Venture(s) or Firm(s)? ❑ No ❑ Yes If yes, list each such Corporation, Joint Venture, or Firm by name & address, specify its relationship to the Developer, the % of interest of the partners & identify the Officers & Directors or trustees common to the Developer &such other Corporation or Firm: Name of C orporation/J oint Venture/Firm: Address: Relationship to Developer: Officers/Directors/Trustees: %of Interest of the partners: Individual(s) authorized to negotiate, on behalf of the development entity/team & responsible for project execution: Name(s): Position: Telephone/Fax: Email: Developer Statement of Qualifications/Financial Summary 2 of 6 372 of 378 Attachment No. 2 ENA RFQ Attach. No. 2 II. FINANCIAL CAPACITY A. Sources & amount of cash available to Developer to meet equity requirements of the proposed undertaking in Bank(s): 1) Bank Name: Address: Amount: $: 2) Bank Name: Address: Amount: $: B. By loans from affiliated or associated corporations or firms: Name: Address: Source: Amount: $: C. The Following are Three Bank References: 1) Bank Name: Address: C ontact Person: Telephone: 2) Bank Name: Address: C ontact Person: Telephone: 3) Bank Name: Address: C ontact Person: Telephone: Developer Statement of Qualifications/Financial Summary 3 of 6 373 of 378 Attachment No. 2 ENA RFQ Attach. No. 2 D. The Following are Three Bank References: 1) Company: Address: R elations hip: C ontact Person: Telephone: 2) Company: Address: R elationship: C ontact Person: Telephone: 3) Company: Address: R etationship: C ontact Person: Telephone: Developer Statement of Qualifications/Financial Summary 4 of 6 374 of 378 Attachment No. 2 ENA RFQ Attach No. 2 E. Has the Developer or (if any) the parent corporation or any subsidiary or affiliated corporation of the developers officers or principal members, shareholders or investors been adjudged bankrupt, either voluntary or involuntary, within the past ten years? ❑ No ❑ Yes If yes, pLease provide the following information: Date: Location: Bankruptcy was filed under the following name (s): F. Has the Developer or (if any) the parent corporation or any subsidiary or affiliated corporation of the Developer's officers or principal members, sharehoLders or investors been involved in Litigation reLating to a development project either voluntary or involuntary, within the past three years? ❑ No ❑ Yes If yes, please provide the following information: Date: Place: G eneral Description: Current Status: G. Total amount of development work completed by developer during the last three years: H. Projects currently in planning or development by the Developer or Principals of the development entity: I. Does any member of the Developers' Corporation/Partnership have any known relationship in connection with purchasing & impLementing the Project with any member of the governing body of the Agency to which the accompanying proposal is being made, or to any officer or employee of the localpublic agency who exercises any functions or responsibilities in connection with the carrying out of the Project under which the local public agency covered by the Developers proposal is being made available? ❑ No ❑ Yes If yes, explain: J. Statements & other evidence of the Developers Qualifications & Financial Responsibility are attached thereto & hereby made a part hereof as follows: Developer Statement of Qualifications/Financial Summary 5 of 6 375 of 378 Attachment No. 2 ENA RFQ Attach No. 2 CERTIFICATION I/We certify that this Developer Statement of Qualifications and Financial Responsibility & the attached evidence of the Developers qualifications and financial responsibility are true and correct to the best of my/our knowledge and belief, and thatthe information contained in this statement is considered public record and will be made available for public inspection and copying upon request. Availability of these public records begins when the Developer selection process includes public meetings. Name Name Title Title Signature Signature Date Date Street Address Street Address City, State, Zip City, State, Zip If the Developer is a Corporation, this statement should be signed by the President & Secretary of the Corporation; if an individual or proprietorship, by such individual; if a partnership, by one of the general partners; if an entity not having a President & Secretary, by one of its Chief Officers having knowledge of the financial status & qualifications of the Developer. Developer Statement of Qualifications/Financial Summary 6 of 6 376 of 378 Attachment No. 2 ENA Attach. 3 of RFQ REQUEST FOR QUALIFICATIONS - MORGAN TOWER REHABILITATION AND RECAPITALIZATION Date Evaluator: Criteria In RFQ Team being evaluated Staff Detailed descriptons Circle One (0= Lowest, 10= Highest) Max Wt Score Score 1 Experience and Qualifications Schedule of relevant projects completed by the developer and design team, including photographs, type of project, project address, unit count by type and size of unit, completed value, lenders involved (with contact references) and construction/completion dates. Experience with projects in an urbanized redevelopment area should be identified; Experience in development. finance and property management of rental housing, incluidng public, assisted, tax credit, market & mixed income. Experience with development in local area. Experience with community - based development, including collaboration with community organizations. Evidence of quality performance on -time and on -budget. Staff Notes: I ) HUD Experience should be required 2) Experience with public /private partnerships. 3) Senior housing development experience 12 3 4 5 6 7 8 9 10 2.5 25 2 Leveraging Of special relevance to this RFQ is the City Council's desire to leverage outside resources to expand and enhance an affordable housing project targeted for seniors. Submittals should prominently review the development team's past experience in seeking and being awarded grants related to similar projects. Approach to structuring the Public/Priate Finance Plan I 2 , 4 -, 0 _ 5 9 10 _ 20 3 Financial Capacity Identify all proposed financial partners for the project including banks, equity partners etc (name of firm and individuals in charge, addresses, telephone numbers, website and e-mail addresses) Overall financial strength and credit of developer. 12 3 4 5 a 7 5 O 10 2 20 4 Operating Experience Identify experience operating similar types of housing developments. Experience with the operational requirements of developments similar in size and target population. I _ 3 4 > a 7 5 y 10 2 20 5 Resident Services and Involvement Identify and provide examples of services provided to residents on housing they may have already developed. Description of resident services provided by managing partner that best fit the needs of the target population. 12 3 4 5 6 7 8 9 10 1.5 15 100 377 of 378 Attachment No. 2 ENA RFQ Attachment No. 4 CALIFORNIA -� N 10NAL airy INCORPOR /VTR' City of National City INSURANCE REQUIREMENTS Please forward to your Insurance Agent immediately PRIOR to performing services for the City of National City, the City must have current Certificates of Insurance on file for all companies, contractors, and consultants. Required Insurance Certificates per Sections 16 and 17 of the City's Agreement: Professional Liability Insurance (errors and omissions) with minimum limits of $1 M per occurrence (if applicable) Commercial General Liability coverage with limits of at least $2M per occurrence/$4M aggregate. • Must include separate endorsement adding as additional insureds: "The City of National City, its elected officials, officers, agents, and employees". The actual endorsements or policy language regarding automatic additional insureds must be provided. • General aggregate limits must apply solely to this "project" or "location". Commercial Auto Liability coverage with limits of at least $1 M, Combined Single Limit Must include "any" auto. Must include separate endorsement adding as additional insureds: "The City of National City, its elected officials, officers, agents and employees". The actual endorsements or policy language regarding automatic additional insureds must be provided. Workers' Compensation coverage to meet CA statutory limits, plus employers' liability coverage of $1 M per accident • Workers' Compensation Waiver of Subrogation in favor of the City is required. • If there are no employees subject to Workers Compensation law, submit a signed Declaration (provided on next page). Deductibles or SIRs (Self -Insured Retention) in excess of $10,000 must be disclosed. CERTIFICATE HOLDER: City of National City, 1243 National City Boulevard, National City, CA 91950-4301. Insurance Document Submittal: Email insurance certificates to your City contact person and Elena Amaya in the City's Risk Department (eamaya©nationalcityca.gov) (Phone: (619) 336-4370). Mail the certificates and endorsements to: City of National City c/o Risk Manager 1243 National City Blvd National City, CA 91950-4301 Questions: Curtis Stephen, Risk Manager: (619) 336-4220 Elena Amaya, Office Assistant: (619) 336-4232 378 of 378