HomeMy WebLinkAboutDraft Agenda Packet - 01-17-17 CC HAAGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/
COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF
THE CITY OF NATIONAL CITY
CALIFORNIA
NATIONAL CI S
INCORPORATED
RON MORRISON
Mayor
ALBERT MENDIVIL
Vice Mayor
JERRY CANO
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, JANUARY 17, 2017 - 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
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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 321
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
INTERVIEWS / APPOINTMENTS
1. Interviews and Appointments: Community
Commission. (City Clerk)
CONSENT CALENDAR
CC/CDC-HA Agenda
1/17/2017 — Page 3
and Police Relations
2. 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)
3. Resolution of the City Council of the City of National City, 1) awarding a
contract to A Good Sign and Graphics Co. in the not -to -exceed amount of
$270,359.00 for the Wayfinding Signage Project, CIP No. 16-13; 2)
authorizing a 15% contingency in the amount of $40,553.85 for any
unforeseen changes; and 3) authorizing the Mayor to execute the
contract. (Engineering/Public Works)
4. Resolution of the City Council of the City of National City, 1) awarding a
contract to Pavement Coatings Co. in the not -to -exceed amount of
$228,391.40 for the 18th Street Bicycle Enhancements Project, CIP No.
16-04; 2) authorizing a 15% contingency in the amount of $34,258.71 for
any unforeseen changes; and 3) authorizing the Mayor to execute the
contract. (Engineering/Public Works)
5. Resolution of the City Council of the City of National City authorizing
installation of approximately 30 feet of red curb "No Parking" on the west
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side of "L" Avenue, north of the "Plaza Village" parking garage exit, to
enhance visibility and access onto "L" Avenue (TSC No. 2016-22).
(Engineering/Public Works)
6. Resolution of the City Council of the City of National City authorizing
installation of 20 feet of red curb No Parking on the north side of E. 26th
Street, east of M Avenue, and 10 feet of red curb No Parking west of M
Avenue, to enhance visibility and access from M Avenue onto E. 26th
Street (TSC No. 2016-23).(Engineering/Public Works)
7 Resolution of the City Council of National City ratifying the acceptance of a
$26,362 augmentation to the California Library Literacy Services (CLLS)
Grant, fiscal year 2016-17, for the National City Library's Literacy
Program, increasing the total grant amount from $18,000 to $44,362; and
authorizing the establishment of fund appropriations and a corresponding
revenue budget.(Library)
8. 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 Chevrolet Suburban, for the Fire Department from Ron Baker
Chevrolet of National City, in the amount of $54,229.99. (Finance)
9. Resolution of the City Council of the City of National City authorizing the
Mayor to execute an agreement with NHA Advisors, LLC for municipal
advisory services for the period January 17, 2017 through December 31,
2019 with two additional one-year options. (Finance)
10. Resolution of the City Council of the City of National City adopting the
amended Policy 802 of the City Council Policy Manual Chapter 800.
(Neighborhood Services)
11. Warrant Register #19 for the period of 11/02/16 through 11/08/16 in the
amount of $2,090,394.47. (Finance)
12. Warrant Register #20 for the period of 11/09/16 through 11/15/16 in the
amount of $394,824.28. (Finance)
13. Warrant Register #21 for the period of 11/16/16 through 11/22/16 in the
amount of $1,833,346.26. (Finance)
PUBLIC HEARINGS
14. Public Hearing - An Ordinance of the City Council of the City of National
City adopting the 2016 California Fire Code & the National Fire Protection
Association Standards. In addition to all Appendices related to these
codes. (Fire/Building)
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15. Public Hearing - An Ordinance of the City Council of the City of National
City adopting the 2016 California Building Code, in addition to all
Appendices related to these codes. In addition, amending Chapter
15.08.075 of the National City Municipal Code pertaining to the City
Council's Authority under Title 15. (Fire/Building)
16. Public Hearing - An Ordinance of the City Council of the City of National
City adopting the 2016 California Electrical Code & the 2014 National
Electrical Code. In addition to all Appendices related to these codes.
Fire/Building)
17. Public Hearing - An Ordinance of the City Council of the City of National
City adopting the 2016 California Energy Code. In addition to all
Appendices related to these codes. (Fire/Building)
18. Public Hearing — Adopting Appendix J of the 2016 California Building
Code, and amending Chapter 15.70 (Grading) of the National City
Municipal Code. (Engineering/Public Works)
19. Public Hearing - An Ordinance of the City Council of the City of National
City adopting the 2016 California Green Code. In addition to all
Appendices related to these codes. (Fire/Building)
20. Public Hearing - An Ordinance of the City Council of the City of National
City adopting the 2016 California Mechanical Code. In addition to all
Appendices related to these codes. (Fire/Building)
21. Public Hearing - An Ordinance of the City Council of the City of National
City adopting the 2016 California Plumbing Code. In addition to all
Appendices related to these codes. (Fire/Building)
22. Public Hearing - An Ordinance of the City Council of the City of National
City adopting the 2016 California Residential Code. In addition to all
Appendices related to these codes. (Fire/Building)
23. Public Hearing — Conditional Use Permit the expansion of a gas station
convenience store located at 1803 Highland Avenue. (Applicant: Michael
Rafo) (Case File 2016-17 CUP) (Planning)
ORDINANCES FOR INTRODUCTION
24. An Ordinance amending Title 15 of the National City Municipal Code to
add Chapter 15.82 — Expedited Permit Processing for Electric Vehicle
Charging Stations. (Planning)
25. An Ordinance of the City Council of the City of National City amending
Title 16 of the National City Municipal Code by renumbering Chapter
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16.09 to Chapter 16.10 and adding a new chapter 16.09 establishing a
Veterans and Military Families Advisory Committee. (City Manager)
26. An Ordinance of the City Council of the City of National City adding
Chapter 2.74 to the National City Municipal Code pertaining to Ethics
Training. (City Attorney)
ORDINANCES FOR ADOPTION
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. In addition to all Appendices related to these codes.
(Fire/Building)
28. An Ordinance of the City Council of the City of National City adopting the
2016 California Building Code, in addition to all Appendices related to
these codes. In addition, amending Chapter 15.08.075 of the National
City Municipal Code pertaining to the City Councils Authority under Title
15. (Fire/Building)
29. An Ordinance of the City Council of the City of National City adopting the
2016 California Electrical Code & the 2014 National Electrical Code. In
addition to all Appendices related to these codes. (Fire/Building)
30. An Ordinance of the City Council of the City of National City adopting the
2016 California Energy Code. In addition to all Appendices related to
these codes. (Fire/Building)
31. An Ordinance of the City Council of the City of National City adopting
Appendix J of the 2016 California Building Code, and amending Chapter
15.70 (Grading) of the National City Municipal Code. (Engineering/Public
Works)
32. An Ordinance of the City Council of the City of National City adopting the
2016 California Green Code. In addition to all Appendices related to these
codes. (Fire/Building)
33. An Ordinance of the City Council of the City of National City adopting the
2016 California Mechanical Code. In addition to all Appendices related to
these codes. (Fire/Building)
34. An Ordinance of the City Council of the City of National City adopting the
2016 California Plumbing Code. In addition to all Appendices related to
these codes. (Fire/Building)
35. An Ordinance of the City Council of the City of National City adopting the
2016 California Residential Code. In addition to all Appendices related to
these codes. (Fire/Building)
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36. (A) An Ordinance of the City Council of the City of National City
establishing the Compensation of the Mayor and the City Council. (B) An
Ordinance of the City Council of the City of National City establishing
Retiree Health Care Benefits for the Mayor and City Council. (City
Attorney)
NON CONSENT RESOLUTIONS
37. Resolution of the City Council of the City of National City approving a
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)
38. Resolution of the City Council of the City of National City approving the
vacation of 250 feet of "A" Avenue located south of East 28th Street and
north of East 29th Street. (Applicant: Frank Motors) (Case File No. 2013-
23 SC) (Planning)
NEW BUSINESS
39. Presentation of draft ranking of nonconforming uses in the Westside
Specific Plan area and commencement of 60-day public review period for
purposes of the affirmative termination by amortization of nonconforming
uses. (Planning)
40. Request by Alliance San Diego for the City Council to pass a Resolution in
Support of Creating a Welcoming Community for All Residents. (City
Manager)
41. Notice of Decision — Planning Commission approval of a Conditional Use
Permit for beer and wine sales at Sushi Loco Restaurant to be located at
2220 East Plaza Blvd., Suite C & D. (Applicant: Jason Kim) (Case File
2016-26 CUP) (Planning)
B. COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY
PUBLIC HEARINGS- HOUSING AUTHORITY
CONSENT RESOLUTIONS- HOUSING AUTHORITY
42. Resolution of the Community Development Commission -Housing
Authority of the City of National City authorizing the Chairman to execute
an agreement with NHA Advisors, LLC for municipal advisory services for
the period January 17, 2017 through December 31, 2019 with two
additional one-year options. (Finance)
NON CONSENT RESOLUTIONS- HOUSING AUTHORITY
7 of 321
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NEW BUSINESS- HOUSING AUTHORITY
C. REPORTS
STAFF REPORTS
43. Home Fire Prevention Campaign. (Fire)
MAYOR AND CITY COUNCIL
CLOSED SESSION REPORT
ADJOURNMENT
Regular Meeting of the City Council/Community Development - Housing
Authority of the City of National City - Tuesday - February 7, 2017 - 6:00
p.m. - Council Chambers - National City, California
8 of 321
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The following page(s) contain the backup material for Agenda Item: Interviews and
Appointments: Community and Police Relations Commission. (City Clerk)
9 of 321
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: January 17, 2017
AGENDA ITEM NO.
ITEM TITLE:
Interviews and Appointments: Community and Police Relations Commission. (City Clerk)
PREPARED BY: Michael R. Dalla DEPARTMENT: City
PHONE: 619-336-4226 APPROVED BY:
EXPLANATION:
COMMUNITY AND POLICE RELATIONS COMMISSION CPRC (Appointing Authority: Mayor subject
to confirmation by City Council)
There is one unexpired term on the CPRC. There are three new applications (Lance Mirkin, Coyote
Moon and Giibert Garcia).
Name Interviewed
Lance Mirkin Yes
Coyote Moon Yes
Gilbert Garcia No
FINANCIAL STATEMENT:
ACCOUNT NO.
ENVIRONMENTAL REVIEW:
ORDINANCE: INTRODUCTION:
ANAL ADOPTION:
APPROVED:
APPROVED:
Finance
STAFF RECOMMENDATION:
!Take further action as desired to fill the vacancy.
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
1. Applications
10or321
CITY OF NATIONAL CiTY
APPLICATION FOR APPOINTMENT
TO CITY BOARDS, COMMISSIONS, AND COMMITTEES
_ Civil Service Commission 1k Planning Commission
Community & Police Relations Commission* (CPRC) Public Art Committee*
Library Board of Trustees Traffic Safety Committee
Parks, Recreation & Senior Citizens Advisory Board Port Commission
Note: Applicants must be residents of the City of National City except for those marked by an*
Applicants for the Community and Ponce Relations Commission must pass a criminal
background check prior to appointment.
Name: Gi 1 Y e(i o IckkkeRG1A�2_Gi i�
Home Address: k 0 S k @ 4 y ! f r4' �-. Tel. No.: to I ' 9 'iS�C�i (t)
)lcBusiness Affiliation: ! Title: �� - ; 4
�.�
Business Address: 0-m0
Tel. No.:
Length of Residence in National City: Cci as San Diego County: Cc! y se/California: Cci S
Educational Background: I s It 3 so E ati % Co t l
\ i♦Nrill i , r\Ni IL% ^ T O ) CO S a) 1 .
Occupational Experi ce: C ea r i ca i t
J ) S DS t] `) ti — 'fl) �� a u D astiv _j•• — s 7 — Lis p5 h) - o i
Professional or Technical Organization Memberships:
KNI c.\ V�
Civic or Community Experience, Membership, or Previous Public Service Appointments:
Q 1 tL� , te . - ge s
Experience or Special Knowledge Pertaining to Area of Interest
,EiTef'ta 004.c Es
Have you ever been convicted of a felony crime? No: Yes:_ misdemeanor crime? No: Yes:
If any convictions were expunged disclosure is not required. Convictions are not necessarily
disqualifying.
Please feel free to provide an explanation or information regarding yes answers to the above two
questions.
Date: i 1 z..o t Signature:
Please feel free to provide additional information or letters of endorsement.
Please return completed form to: RECEIVED
Office of the City Clerk
1243 National City Blvd, National City, CA 91950
Thank you for your interest in serving the City of National City.
Office of the City c$erk
* Residenc
y requirements may not apply City of National City
This documents is filed as a public document Revised: etch 2012
11 of 321
Supplemental Aoolication:
National City Community and Police Relations Commission
The National City Community and Police Relations Commission serves as an independent, unbiased
and impartial office that is readily available to the public. It is an organization for the improvement of
police and community relations and the facilitation of disputes whenever possible. It provides a forum
for citizens to voice their concerns, comment about police conduct, practices and policies and
improves communication between citizens and the National City Police Department
The National City Community and Police Relations Commission is empowered to receive and review
complaints regarding National City Police Department Personnel for alleged misconduct, and to
recommend appropriate changes of Police Department policies and procedures toward the goals of
safeguarding the rights of persons and promoting higher standards of competency, efficiency and
justice in the provision of community policing services.
Applicants must be completely forthright and truthful during the application process. Applicants may
be disqualified in the background process as a result of dishonesty and/or purposely omitting
information regarding one's criminal history. Given the complexity of this Commission and its duties,
it is necessary to pass a criminal background check prior to appointment by City Council and/or
swearing in as Commissioner. Upon conditional appointment the Human Resources department will
contact you to schedule the criminal background process when, and if appropriate. It is important to
note that you fill out this application completely and honestly to the best of your abilities. failure to
disclose your criminal history may result in disqualificafion. If a conviction has been expunged
disclosure is not required.
Have you ever been convicted of a felony crime: No: Yes:
Have you been convicted of a misdemeanor: No: Yes: _
If any convictions were expunged disclosure is no required.
Please feel free to provide an explanation or information regarding yes answers to the above two
questions.
There may be circumstances that could disqualify an applicant from the background process beyond
the listed crimes below. Each incident is evaluated in terms of the circumstances and facts
surrounding its occurrence and its degree of relevance to the position.
Disqualifying criteria for Community and Mica Relations Commissioner.
*` See attached table
12 of 321
CITY big NATIONAL CITY
�yy �N FOR AP10ft'
BOARDS MIES.
CorrOtonitY 4t• Polka p* ( ..
Art Owtevogtee*
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Apoce is fort . community and panics rialationo Camellia.* moat pa.%4,4crinfinel
bsoliaround stock prior to oppoiebognt.
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Length of Residence En National :. ihr Ern Diego C, :4a pia.
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Tel
• No.: ,��aa,� .
ri3l rlen s;
ofoel
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lrivlc orCommunity
Experlen0e, Membetship, or Pius Public Service p tmartts:
- Valk
Ocperienco or apetier Knowitioge Pertasaitig to Area of tt 'eet
lberrshipst
Tel.. No.:
•
Have you ever been c nvlc •of a felony crime? No ; Yea" inladerneerlor crime?' a
dief corivl+upns were expunged disclosure le riot reautred. Conviction, ere not es- tie:
Masa tree to provkle an evienation or information regardhg yes ensweat° abcmo twQ
wafts,.• : :� - •/ tea'
Dabs:0/614
Sig
'Meese t+sei tea to provide a oriel hiforrna on or letters of
Please Mum compkted form to:
CEO of the City irk
1243 National My -blvd.-Notional City 4A 81il450
'Monkyou for your interest in torviria the Car of Nagano, CA"-
'''Roskiency kart our/ 'DI/
rrri4a our/le filedes a piublicdocument
Remelt Drams
13 of 321
taii>«[mrnantai +d1ptaicait
tlttl:;�-. end Poiia Reiai�tnna rnrniasr
The National CltyCommunity and Police Relations c4 mrnlssion serves as an independent, unbiased
and Impartial cf loe that le readily available to the public His an organization for the Improvement of
pollee and community relations and the facilltatlon of disputes +never pOiselble. it provides a forum,
for citizens to voice theirs concern, comment about poiIcre.conduct, practices and policies and
ImProVee communication between citt ena end the National Oily Police Deptr(mont
Thc Natkinat City Cammumfy and Police Relations Conrrrtiissiorn:is cmpowenad tw mod,* and revlaw
complaints regarding National City Pollo s Department personnel for alleged misconduct, and to
recommend appropriate changes of Police l epartmsnt policies and procedures toward the gOalst f
safeguarding the rights of persons and promoting higher standarde of competency, etticioncy end
justice In the provision of community policing services.
Applicants must be completely forthright and truthful during the application pros. Applicants may
be disqualified in the background ptOWss as a result of dishonesty andlor purposely omitting
infOrrrratlon girding one% criminal history€. Given the complexity of this Cnrnmisafon and its duties,
1t i$ necessary to pose 8 criminal backgnourid.check prior to appointment by city Council and/or
sweating In as ornrrllssIon r. Upon conditional appointment the Human Resources department will
contact you F, schedule the criminal backgpound process when, end if appropriate. It is important to
note that you fill out this application completely and honestly to the bast of your abilities. Failure to
disclose your criminal history may remit in disqualification. if a cortviciion has been expunged
disclosure is not required.
Have ypu ever been convicted of a felony crime: No: Yes:
Have you been convicted of a misdemeanor: No:. Yes:..
If any convictions were expunged disclosure la riot required.
Please- feel free to provide an explanation or Information regarding yes answers to the above two
questions.
There may be circurnstan= that could disqualify an applicant frOrm the background proms beyond
the limed crimes below. Each incident is evaluated In terms of the circumstaneas end fade
surrounding Its occurrence,and I#s r of relevance to the position.
Disqualifying criteria for Community and Poilca Relations t ommiSalorter
Sass attached table
14 of 321
CITY OF NATIONAL CITY
APPLICATION FOR APPOINTMENT
TO CITY BOARDS, COMMISSIONS, AND COMMITTEES
VC+/ lull Service Commission +-1 canning Commission
ommunity & Police Relations Commission* (CPRC) ublic Art Committee*
V ibrary Board of Trustees ✓ Traffic Safety Committee
Parks, Recreeation•& Senior Citizens Advisory Board
Note: Applicants must be residents of the City of National City except for those marked by an*
Applicants for the Community and Police Relations Commission must pass a criminal
background check prior to appointment.
Name: /-: 19D6,7
Home Address: 2I ! /14 5/-
Business Affiliation: /i a
Title:
Business Address:
Length of Residence in National City: f San Diego County:
Educational Background: - j f /94
Tel. No.: / 5T .
Tel. No.:
ifornia:
Occupational Experience:
0 Malpyc
,Filely�
Professional or Technical Organization Memberships: /7 q
Civic or Community Experience, Membership, or Previous Public Service Appointments:
/7L4Op J 7
Experience or Special Knowledge Pertaining to Area of Interest:
4
Have you ever be n convicted of a felony crime? Noi///ces:__L misdemeanor crime? Nn{7 Yes:
If any convictions were expunged disclosure is not required. Convictions are not necessarily
disqualifying.
Please feel free to provide an explanation or information regarding yes answers to the above two
questions.
Date: Signature:
Plisse feel free to provide additional information or letters of endorsement.
Please retum completed form to.
Office of the City Clerk
1243 National City Blvd, National City, CA 91960
Thank you for your interest in serving the City of National City.
Residency requirements may not apply
This documents is filed -as a public docume Revised: December 2015
15 of 321
Supplemental Application:
National City Community and Police Relations Commission
The National City Community and Police Relations Commission serves as an independent, unbiased
and impartial office that is readily available to the public. It is an organization for the improvement of
police and community relations and the facilitation of disputes whenever possible. It provides a forum
for citizens to voice their concerns, comment about police conduct, practices and policies and
improves communication between citizens and the National City Police Department --
The National City Community and Police Relations Commission is empowered to receive and review
complaints regarding National City Police Department Personnel for alleged misconduct, and to
recommend appropriate changes of Police Department policies and procedures toward the goals of
safeguarding the rights of persons and promoting higher standards of competency, efficiency and
justice in the provision of community policing services.
Applicants must be completely forthright and truthful during the application process. Applicants may
be disqualified in the background process as a result of dishonesty and/or purposely omitting
information regarding one's criminal history. Given the complexity of this Commission and its duties,
it is necessary to pass a criminal background check prior to appointment by City Council and/or
swearing in as Commissioner. Upon conditional appointment the Human Resources department will
contact you to schedule the criminal background process when, and if appropriate. It is important to
note that you fill out this application completely and honestly to the best of your abilities. Failure to
disclose your criminal history may result in disqualification. If a conviction has been expunged
disclosure is not required. , /
Have you ever been convicted of a felony crime: No:l� Yes:
Have you been convicted of a misdemeanor: No: Yes:
If any convictions were expunged disclosure is not required.
Please feel free to provide an explanation or information regarding yes answers to the above two
questions.
There may be circumstances that could disqualify an applicant from the background process beyond
the listed crimes below. Each incident is evaluated in terms of the circumstances and facts
surrounding its occurrence and its degree of relevance to the position.
Disqualifying criteria for Community and Police Relations Commissioner:
** See attached table
16 of 321
CC/CDC-HA Agenda
1/17/2017 — Page 17
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)
17 of 321
Item #
01/17/17
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)
18 of 321
CC/CDC-HA Agenda
1/17/2017 — Page 19
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City, 1) awarding a contract to A Good Sign and
Graphics Co. in the not -to -exceed amount of $270,359.00 for the Wayfinding Signage
Project, CIP No. 16-13; 2) authorizing a 15% contingency in the amoun
19 of 321
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: January 17, 2017
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City. Council of the City of National City, 1) awarding a contract to A Good Sign and
Graphics Co. in the not -to -exceed amount of $270,359.00 for the Wayfinding Signage Project, CIP No.
16-13; 2) authorizing a 15% contingency in the amount of $40,553.85 for any unforeseen changes;
and 3) authorizing the Mayor to execute the contract.
PREPARED BY: Jose Lopez, Junior Engineer - Civil
PHONE: 619-336-4312
EXPLANATIt;'
See attached.
FINANCIAL STATEMENT:
ACCOUNT NO.
Contract Award (funds available through prior City Council appropriations)
$270,359.00 from account #296-409-500-598-6189 (Wayfinding Signage CIP)
15% Contingency (funds available through prior City Council appropriations)
$40,553.85 from account #296-409-500-598-6189 (Wayfinding Signage CIP)
DEPARTMENT: Engineering/Public Works
APPROVED BY:
ENVIRONMENTAL REVIEW:
APPROVED
APPROVED:
MIS
ORDINANCE: INTRODUCTION: FINAL ADOPTION:
STAFF RECOMMENDATION:
Adopt Resolution awarding a contract to A Good Sign and Graphics Co. in the not -to -exceed amount of
$270,359.00 for the Wayfinding Signage Project, CIP No. 16-13.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1 . Explanation
2. Bid Opening Summary
3. Three Lowest Bidders Summary
4. Resolution
20 of 321
EXPLANATION
The project will design and implement a comprehensive wayfinding signage program for
National City to inform residents and guests of key points of interest such as historic
districts, civic centers, transit centers, public library, community parks and recreation
facilities. The project will also install truck route signs along designated truck routes to
reduce cut -through truck traffic in local neighborhoods. Phase I will focus on
Downtown, Kimball Park, Westside (Old Town) and Marina District.
On November 22, 2016, the bid solicitation was posted on PlanetBids, a free public
electronic bidding system for contractors. On November 28, 2016 and December 5,
2016, the bid solicitation was advertised in local newspapers.
On December 13, 2016, five (5) bids were received electronically on PlanetBids by the
1:00 p.m. deadline. Bid results were available immediately after the 1:00 p.m. deadline.
A Good Sign and Graphics Co. was the apparent lowest bidder with a total bid amount
of $398,349.00 as the basis of award. Upon review of all documents submitted A Good
Sign and Graphics Co.'s bid was deemed responsive, and they are the lowest
responsible bidder qualified to perform the work as described in the project
specifications.
Therefore staff recommends awarding a contract to A Good Sign and Graphics Co. in
the not -to -exceed amount of $270,359.00, which includes the following:
• Base Bid amount of $228,615.00
o Includes the arrival monument signs, neighborhood gateways, truck route
signage, interpretive signage, and pole banners.
• Additive Bid 1 and 2 — Additional Banners in the amount of $37,794.00
o Includes additional pole mounted banners.
• Additive Alternate Bid 'A', 'B' and "C' — Directional Signage in the amount of
$66,940.00
o Includes the directional signage mounted on existing traffic signal poles,
existing light poles, and new poles in the City selected custom colors.
By awarding Additive Alternate Bid A, 'B', and 'C', Base Bid Line Item No. 7
Directional Signage attached to existing traffic pole (standard) in the amount of
$45,090.00 will be eliminated, as well as Line Item No. 10 — Directional Signage
attached to existing Tight pole (standard) in the amount of $4,850.00, and Line Item No.
11 — Directional Signage attached to new pole (standard) in the amount of $13,050.00.
These adjustments are reflected in the recommended contract award amount of
$270,359.00.
Staff also recommends authorizing a 15% contingency in the amount of $40,553.85 to
address any unforeseen conditions that may arise.
21 of 321
The project is funded through a San Diego Association of Governments (SANDAL)
Smart Growth Incentive Program (SLIP) Grant.
Attached are the bid opening summary sheet and a line item summary of the three
lowest bidders for reference.
Construction is estimated to be completed by July 2017.
22 of 321
NAME:
CLIP NO:
DATE:
TIME:
ESTIMATE:
ter• 0,04 F O PITAy 0- 6-
NA.110
BID OPENING RESULTS
WAYFINDING SIGNAGE PROJECT
16-13
Tuesday, December 13, 2016
1:00 P.M.
$941,000
PROJECT ENGINEER: Kura Muthusamy, P.E.
NO.
BIDDER'S NAME
Grand Total*
ADDENDA
Bm
sEcuRrIY
-BOND
1.
A Good Sign and Graphics Co.
$398,349.00
Yes
Bond
2110 South Susan Street
Santa Ana, CA 92704
2.
Sign Age Identity Systems, Inc
9962 Prospect Ave, Suite J
Santee, CA 92071
$464,820.58
Yes
Bond
3.
Sign Industries, Inc.
2101 Carrillo Privado
Ontario, CA 91761
$479,34535
Yes
Bond
4.
S&B Engineering
PO Box 1400
Lakeside, CA 92040
$676,500.00
Yes
Bond
5.
Frank & Son, Inc.
1720 W. Slauson Ave.
Los Angeles, CA 90047
$459,880.00**
Yes
Bond
* If an additive, alternate or additive/alternate bid items are called for in the Contract Documents, the sum of the
base bid and all additive, alternate and additive/alternate bids, if any, shall be used to determine the lowest
responsive bid.
** Non -Responsive
23 of 321
Bid Results for Wayfinding Signage Project (CIP No. 16-13)
A GOOD S;GNAND GRAPHICS
CO.
SIGN AGE IDENTITY SYSTEMS,
INC.
SIiT.,.
Item
No.
Descri ption
Unit
Qty.
Unit Price
Extension
(Quantity x Unit
Price)
Unit Price
Extension
(Quantity x Unit
Price)
Unit Price
Extension
(Quantity x
Unit Price)
Base Bid R _
1
Mobilization/Demobilization
LS
$33,400.00
$33,400 00
$28,590.08
$28,590.08
$32,475.00
SUP=
2
4" PCC
SF
200'
$8.00
$1,600.00 1
$12.15
$2,430.00
$32.00
3
Concrete Mowing Strip per SDRSD L-3
LE
901
$44.00
$3,960.00 '
$33.75
$3,037.50
$80.00
' J
4
8"-12" Mexican Sunburst Cobble
TON
10I,` $800,00
$8,000.00
$650.70
$6,507.00
$1,537.00
$15.371100 ,
5
Arrival Monument
EA
2' $9,000,00
$18,0000.00 j
$9,342.00
$18,684.0()
$13,200.00
$26,406.00
6
Neighborhood Gateway
EA
5 $9,700.00
$48,500.00 :
$10,638.00
$53,190.00
$15,990.00
$79,9 .00
7
Directional attached to existing traffic pole
(Standard)
EA
271. $1,670.00
$45,090.00
$2,497.50
$67,432.50
$2,040.00
$55,080.00
8
Two Banners attached to existing light pole
with mounting brackets - 2 sided
EA
5 $430,00
$2,150 00
$783.00
$3,915.00
$1,650,00
$8,250.00
9
One Banner attached to existing light pole
with mounting brackets - 2 sided
EA
561j $327.50
$18,340.00
$783.00
$43,848.00
$1,220,00
Sb8,32L3.00
10
Directional attached to existing light pole
(Standard)
EA
5
11
i $970.00
$4,850 00
$2,497.50
$12,487,50
$2,040.00
$10,20.0410
11
Directional attached to new pole
(Standard) _
EA
311 $4,350.00
$13,050.00
r
$2,416.50
$7,249.50
$5,500.00
$3,6,500.60
12
Interpretive
EA
14;1 $1,762,50
$24,675.00
$1,701.00
$23,814,00
$2,600.00
Sa6,400.00
13
Truck Route Signage with supplemental
directional arrow plaques
EA
20 $100.00
$2,000.00
$168.75
$3,375.00
$360.00
$7 D ,
14
Field Orders
Allowance '
1I $5,000.00
$5,000.00
$5,000.00
$5,000 00
$5,000.00
e0
Subtotal
$228,615.00
$279,560.08
_
$374,745.00
Additive Bid 1
15
Additional Banners for Two per Pole Set (To
be installed by others)
EA 1
15
$302.00
$4,530.00
$783.00
$11,745.00
$250.00,
$1,7
24 of 321
Bid Results for Wayfinding Signage Project (CIP No.16-13)
A GOOD SIGN AND GRAPHICS
CO.
SIGN AGE IDENTITY SYSTEMS,
INC.
SfGJU IN 171f±TiiS,FoC.
!tern
No,
Description
Unit
Qty. , Unit Price
Extension
(Quantity x Unit
Price)
Unit Price
Extension
(Quantity x Unit
Price)
Unit Price
Extension
(Quantity x
Unit Price)
Subtotal
$4,530.00
$11,745.0()
$3,750.00
Additive Bid 2
16
Additional Banners for One per Pole Set (To
be installed by others)
EA
168
$198.00
$33,254.00 1
$418.50
$70,308.00
$125.00
$2.,I]0
Subtotal
$33,254.00
$70,308.00
$21,000.00
Additive Bid 3
17
Pedestrian Bridge (Vinyl Decal)
LS
1
$65,000.00
; 65,000.00 1
$11,313.00 $11,313.00
$79,850.00
Subtotal
$65,000.00
$11,313.00
$79,850.00
Additive Alternate Bid A
$0./7
18
Directional attached to existing traffic
(Custom)
EA
27
$1,670.00
$45,090.00
$2,632.50
$71,077.50
$0.01
Subtotal. $45,090.00
a
$71,077.50
$0.27
Additive Alternate Bid B
19
Directional attached to existing light pole
(Custom)
EA
5
$1,670.00
$8,330.00
$2,632.50
$13,162 50
$0.01
c0 t?r
$0.05
Subtotal
$8,350.00
$13,162.50
Additive Alternate :Bi,d C
20
Directional attached to new pole (Custom)
1EA
3
$4,500.00
$13,500.OQ
$2,551.50
$7,654.50
$0.01
3
Subtotal
$13,500.00
$7,654.50
$0.03 ,
Grand Total
$398,349 0C
$464,820.58
$479,34535
Summary of Award _
Base Bid
$228,615.00
$279,560.08
74 -:Q
Eliminate Line Item 7 - Directional attached
to existing traffic pole (Standard)
($67,432.50)
25 of 321
Bid Results for Wayfinding Signage Project (CIP No. 16-13)
A GOOD SIGN AND GRAPHICS
CO
SIGN AGE IDENTITY SYSTEMS.
INC.
s ;N INDUSTRIES, NC.
Item
No,
Description
Unit
Qty. Unit Price
Extension
(Quantity x Unit
Price)
Unit Price
Extension
(Quantity x Unit
Price)
Unit Price
Extension
(Quantity x .
Unit Price)
Eliminate Line Item 10 - Directional
attached to existing Tight pole (Standard)
($4,850.00)
(51.2,187.50)
'$. ,0,200 C0)
Eliminate Line Item 11- Directional
attached to new pole (Standard)
( 13,050 (X»
(7,249.5M
16,5tY3 0.1i
�.
Addtive Bid 1- Additional Banners for Two
per Pole Set
$4,530.00 '
$11,745.00
$3,750.00
Addtive Bid 2 - Additional Banners for One
per Pole Set
$33,254.00
$70,308.00
$2$.,000:00 I
Additive Alternate Bid A - Directional
attached to existing traffic (Custom)
$45,090 00 i
$71,077.5O
SOin
Additive Alternate Bid 3 - Directional
attached to existing light pole (Custom)
$8,350.00
$13,162.50
$..
Additive Alternate Bid C - Directional
attached to new pole (Custom)
$13,500.00
$7,654.50
S..t3
Grand Total Awarded
$270,359.00
$365,338.08
$317,715.35
26 of 321
CC/CDC-HA Agenda
1/17/2017 — Page 27
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City, 1) awarding a contract to Pavement Coatings
Co. in the not -to -exceed amount of $228,391.40 for the 18th Street Bicycle
Enhancements Project, CIP No. 16-04; 2) authorizing a 15% contingency in th
27 of 321
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: January 17, 2017
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City, 1) awarding a contract to Pavement
Coatings Co. in the not -to -exceed amount of $228,391.40 for the 18th Street Bicycle Enhancements
Project, CIP No. 16-04; 2) authorizing a 15% contingency in the amount of $34,258.71 for any
unforeseen changes; and 3) authorizing the Mayor to execute the contract.
PREPARED BY, Jose Lopez, Junior Engineer - Civil
PHONE: 619-336-4312
EXPLANATION,
See attached.
DEPARTMENT: Engineering/Public Works
APPROVED BY:
A;(7
FINANCIAL STATEMENT: APPROVED: --
ACCOUNT NO. APPROVED:
Contract Award (funds available through prior City Council appropriations)
$213,556.00 from account #296-409-500-598-6580 (HSIP Grant —18th Street HSIP)
$14,835.40 from account #001-409-500-598-6035 (Street Resurfacing CIP)
15% Contingency (funds available through prior City Council appropriations)
$34,258.71 from account#001-409-500-598-6035 (Street Resurfacing CIP)
ENVIRONMENTAL REVIEW:
Caltrans Determination of Categorical Exclusion under 23 CFR 771.117(c): activity (c)(3), approved June 17,
2015.
ORDINANCE: INTRODUCTION: FINAL ADOPTION:
.'r2L + Finance
MIS
STAFF RECOMMENDATION:
Adopt Resolution awarding a contract to Pavement Coatings Co. in the not -to -exceed amount of $228,391.40 for
the 181" Street Bicycle Enhancements Project, CIP No. 16-04.
BOARD 1 COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1, Explanation
2. Bid Opening Summary
3. Two Lowest Bidders Summary
4. Resolution
28 of 321
EXPLANATION
The general scope of work consists of striping and signing improvements along E. 18th
Street between "D" Avenue and Palm Avenue to include Class El bicycle facilities such
as striped bike lanes, bike signage, bicycle detector loops, and green bicycle boxes at
signalized intersections. The project will also resurface this segment of E. 18th Street to
provide a smooth roadway surface for bicyclists.
On November 17, 2016, the bid solicitation was posted on PlanetBids, a free public
electronic bidding system for contractors. On November 18, 2016 and November 23,
2016, the bid solicitation was advertised in local newspapers.
On December 8, 2016, two (2) bids were received by the 11:00 a.m. deadline, opened
and publicly disclosed. Pavement Coatings Co. was the apparent lowest bidder with a
total bid amount of $228,391.40. Upon review of all documents submitted, Pavement
Coatings Co.'s bid was deemed responsive, and they are the lowest responsible bidder
qualified to perform the work as described in the project specifications.
Therefore staff recommends awarding a contract to Pavement Coatings Co. in the not -
to -exceed amount of $228,391.40. Staff also recommends authorizing a 15%
contingency in the amount of $34,258.71 to address any unforeseen conditions that
may arise.
The project is funded in large part through a Federal Highway Safety Improvement
Program (HSIP) grant.
Attached are the bid opening summary sheet and a line item summary of the two lowest
bidders for reference.
Construction is estimated to be completed by May 2017.
29 of 321
*.CAP 0011,4 �-sr
NATION
07.12:2,,L)
BID OPENING RESULTS
NAME: 18th STREET RICYCI,E ENHANCEMENTS
CIP NO: 16-04
DATE: Thursday, December 8, 2016
TIME: 11:00 A.M.
ESTIMATE: S237,000
PROJECT ENGINEER: Kuna Muthusamy, P.E.
NO.
BIDDER'S NAME
BID AMOUNT
ADDENDA
#1
BID
SECURITY
-
1
Pavement Coatings Co.
10240 San Sevaine Way
Jurupa Valley, CA 91752
$228,391.40
Yes
Bond
2.
Blue Pacific Engineering &
Construction.
7330 Opportunity Rd #J
San Diego, CA 92111
$386,386.60
Yes
Bond
* If an additive, alternate or additive/alternate bid items are called for in the Contract Documents, the sum of the
base bid and all additive, alternate and additive/alternate bids, if any, shall be used to determine the lowest
responsive bid.
30 of 321
Bid Results for 18th Street Bicycle Enhancements (CIP No. 16-04)
avrv;Tent ;_ outings CO
Blue Pacific Engineering &
Construction
Item
No.
Description Unit
Qty.
Unit Price
Extension
(Quantityx Unit
Price)
Unit Price
Extension
(Quantityx Unit
Price)
3ase Bide
1
Mobilization/Demobilization
LS
1
$18,000.00
$18,000.00
$25,000.00
$25,000.00
2
Water Pollution Control
EA
1
$975.00
$975,00
$10,000.00
$10,000.00
3
Traffic and Pedestrian Control
LS
1
$11,500.00
$11,500.00
$60,000.00
$60,000 00
4
Furnish and Install type D detection loop for
new bicycle box
€A
6
$1,456.00
$8,736 f'1
$1,625.00
$9,750.00
5
Furnish and install Bike Box
EA
6
$2,464.00
$171400
$6,562.50
$39,375 00
6
REAS Slurry, Type 2, plant mix
SY
20,340
$6.46
$3.31,304.40
$7.24
$147,261.60
7
Remove and install signing and striping
LS
1
$38,000.00
S-34,000,00
$90,000.00
$90,000 00
8
Field Orders
Allowance
1
$5,000.00
$5, 50300
$5,000.00
$5,000.00
Subtotal
$228,391.40
$386,386.60
31 of 321
CC/CDC-HA Agenda
1/17/2017 — Page 32
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 approximately 30
feet of red curb "No Parking" on the west side of "L" Avenue, north of the "Plaza
Village" parking garage exit, to enhance visibility and access onto
32 of 321
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: January 17, 2017
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City authorizing installation of approximately 30
feet of red curb "No Parking" on the west side of "L" Avenue, north of the "Plaza Village" parking
garage exit, to enhance visibility and access onto "L" Avenue (TSC No. 2016-22).
PREPARED B` ° Luca Zappiello, Civil Engineering Tech
PHONE: 619-336-4360
EXPLANATION:
See attached.
DEPARTMENT: Engineering/Public Works
APPROVED BY:
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 approximately 30 feet of red curb "No Parking" on the west side of "L" Avenue,
north of the "Plaza Village" parking garage exit, to enhance visibility and access onto "L" Avenue.
BOARD / COMMISSION RECOMMENDATION
At their meeting on December 14, 2016, the Traffic Safety Committee unanimously approved the staff recommendation to
install approximately 30 feet of red curb "No Parking" on the west side of "L." Avenue north of the "Plaza Village"
ATTACHMENTS:
1. Explanation wl Location Map
2. Staff Report to the Traffic Safety Committee on December 14, 2016 (TSC No. 2016-22)
3. Resolution
33 of 321
EXPLANATION
Mrs. Angel Westerman has requested the installation of red curb "'No Parking" on "L"
Avenue adjacent to the "Plaza Village" residence. Mrs. Westerman stated that residents
have visibility issues when exiting the parking garage onto "L" Avenue when vehicles
park too close to the parking garage exit. Mrs. Westerman also stated that there was an
accident on August 5, 2016, at this location.
Staff performed a site evaluation. The posted speed limit along this segment of "L"
Avenue is 30 mph. "L" Avenue between E. 8th Street and E. Plaza Boulevard has a
slope of 5%. There is approximately 30 feet of unrestricted parallel parking for one (1)
standard -sized vehicle on the north side of '°L" Avenue between the exit from the
parking garage of "Plaza Village" and the driveway of the house located at 920 "L"
Avenue (see attached Location Map). Staff also reviewed the traffic collision history for
the site, which determined that there were no "reported" traffic collisions within the past
four years.
This item was presented to the Traffic Safety Committee on December 14, 2016. Mrs.
Angel Westerman was in attendance and spoke in support of the red curb "No Parking".
She confirmed the earlier statements.
Based on review of site conditions, staff recommends the install installation of
approximately 30 feet of red curb "No Parking" on the west side of "L" Avenue, north of
the "Plaza Village" parking garage exit, to enhance visibility and access onto "L"
Avenue.
The Traffic Safety Committee unanimously approved the staff recommendation to install
red curb "No Parking" on the west side of "L" Avenue, north of the "Plaza Village"
parking garage exit.
If approved by City Council, ail work will be performed by City Public Works.
34 of 321
Location Map with Recomrnended Enhancements (TSC Item: 2016-22)
Plaza Village
Exit gar age
Entrantie garages
902 mow" Avenue
airri
11_1 :,l'
"L" AVENUE
Bethel Evangelical
Church
35 of 321
ITEM TITLE:
1
NATIONAL CITY TRAFFIC SAFETY COMMITTEE
AGENDA REPORT FOR DECEMBER 14, 2016
ITEM NO. 2016-22
REQUEST TO INSTALL APPROXIMATELY 30 FEET OF RED
CURB "NO PARKING" ON THE WEST SIDE OF "L" AVENUE,
NORTH OF THE "PLAZA VILLAGE" PARKING GARAGE EXIT,
TO ENHANCE VISIBILITY AND ACCESS ONTO "L" AVENUE
PREPARED BY: Luca Zappiello, Civil Engineering Technician
DISCUSSION:
Mrs. Angel Westerman has requested the installation of red curb "No Parking" on "L"
Avenue adjacent to the "Plaza Village" residence. Mrs. Westerman stated that residents
have visibility issues when exiting the parking garage onto "L" Avenue when vehicles park
too close to the parking garage exit. Mrs. Westerman also stated that there was an
accident on August 5, 2016, at this location.
Staff performed a site evaluation. The posted speed limit along this segment of "L" Avenue
is 30 mph. "L" Avenue between E. 8th Street and E. Plaza Boulevard has a slope of 5%.
There is approximately 30 feet of unrestricted parallel parking for one (1) standard -sized
vehicle on the north side of "L" Avenue between the exit from the parking garage of "Plaza
Village" and the driveway of the house located at 920 "L" Avenue (see attached Location
Map). Staff also reviewed the traffic collision history for the site, which confirmed that there
were no "reported" traffic collisions within the past four years.
When vehicles exit the parking garage onto "L" Avenue, it is difficult for drivers to see
oncoming southbound traffic when vehicles are parker: too close to the driveway.
Therefore, staff recommends the installation of approximately 30 feet of red curb "No
Parking" to enhance visibility and access. This would result in the loss of one on -street,
parallel parking space.
STAFF RECOMMENDATION:
Staff recommends the installation of approximately 30 feet of red curb "No Parking" on the
west side of "L" Avenue, north of the "Plaza Village" parking garage exit, to enhance
visibility and access onto "L" Avenue.
EXHIBITS:
1. Request
2. Location Map
3. Photos
2016-22
36 of 321
r
n\�
L, tiLLL
37 of 321
Location Map with Recommended Enhancements (TSC Item: 2016-22)
902 °rL" Avenue
E*it garage
EntrancE �ara�e
Proposed 30' red curb
"No Parking"
"L" AVENUE
Bethel Evangelical
Church
1.41
:
38 of 321
Proposed location for
installation of 30' (one (1)
parking space) red curb "No
Parking"
Location of request to install red curb No Parking" located an "L" Avenue {looking southwest)
Location of request to install red curb
Proposed location for
installation of 30' (one (1)
parking space) red curb "No
Parking"
located on "L" Avenue (looking north)
CC/CDC-HA Agenda
1/17/2017 — Page 40
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 20 feet of red curb
No Parking on the north side of E. 26th Street, east of M Avenue, and 10 feet of red curb
No Parking west of M Avenue, to enhance visibility and ac
40 of 321
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: January 17, 2017
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City authorizing installation of 20 feet of red curb
"No Parking" on the north side of E. 26th Street, east of "tvi" Avenue, and 10 feet of red curb "No
Parking" west of "M" Avenue, to enhance visibility and access from "M" Avenue onto E. 26th Street
(TSC No. 2016-23).
PREPARED BY: Luca Zappiello, Civil Engineering Tech
PHONE: 619-336-4360
EXPLANATION:
See attached.
DEPARTMENT: Engineering/Public Works
APPROVED BY:
914„,-,‘
FINANCIAL STATEMENT:
ACCOUNT NO.
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
STAFF RECOMMENDATION:
Adopt Resolution authorizing installation of red curb "No Parking" on E. 26th Street at the intersection with "M" Avenue to
enhance visibility and access from "M" Avenue onto E. 26th Street.
Finance
MIS
BOARD 1 COMMISSION RECOMMENDATION:
At their meeting on December 14, 2016, the Traffic Safety Committee unanimously approved the staff recommendation to
install red curb "No Parking" on E.26th Street at the intersection with "M" Avenue.
ATTACHMENTS:
1. Explanation wl Location Map
2. Staff Report to the Traffic Safety Committee on December 14, 2016 (TSC No. 2016-23)
3. Resolution
41 of 321
EXPLANATION
Staff received a request from an area resident regarding installation of red curb "No
Parking" on E. 26th Street at the intersection of "M" Avenue to enhance visibility and
access from "M" Avenue onto E. 26th Street. The resident expressed concerns about
visibility issues at the intersection when vehicles park too close to the corner.
Staff performed a site evaluation. The posted speed limit along this segment of E. 26th
Street is 25 mph and E. 26th Street has a slope of approximately 4.2%. Staff also
reviewed the traffic collision history for the site, which confirmed that there were no
"reported" traffic collisions within the past four years.
This item was presented to the Traffic Safety Committee on December 14, 2016. Letters
were sent to area residents inviting them to attend the meeting. There were no
members of the community present to speak on the item.
Based on a review of site conditions, staff recommends the installation of 20 feet of red
curb "No Parking" on the north side of E. 26th Street, east of °M" Avenue, and 10 feet of
red curb "No Parking" west of "M" Avenue, to enhance visibility and access from "M"
Avenue onto E. 26th Street.
The Traffic Safety Committee unanimously approved the staff recommendation to install
red curb "No Parking" on E. 26th Street at the intersection of Avenue.
If approved by City Council, all work will be performed by City Public Works.
42 of 321
Location Map with Recomrnended Enhancements (TSC Item: 2016-23)
7305 E. 2G Street
Proposed ID' red curb
940 Perkier
E; 26T STREET
43 of 321
2
NATIONAL CITY TRAFFIC SAFETY COMMITTEE
AGENDA REPORT FOR DECEMBER 14, 2016
ITEM NO. 2016-23
ITEM TITLE: REQUEST TO INSTALL 20 FEET OF RED CURB "NO PARKING"
ON THE NORTH SIDE OF E. 26TH STREET, EAST OF "M"
AVENUE, AND 10 FEET OF RED CURB "NO PARKING" WEST
OF "M" AVENUE, TO ENHANCE VISIBILITY AND ACCESS FROM
"M" AVENUE ONTO E. 26TH STREET
PREPARED BY: Luca Zappiello, Civil Engineering Technician
DISCUSSION:
Area residents have requested the installation of red curb No Parking" on E. 26th Street at
the intersection with "M" Avenue to enhance visibility and access from "M" Avenue onto E.
26th Street. The residence expressed concerns about visibility issues at the intersection
when vehicles park too close to the corner.
Staff performed a site evaluation. The posted speed limit along this segment of E. 26th
Street is 25 mph and E. 26th Street has a slope of approximately 4.2%. Staff also reviewed
the traffic collision history for the site, which confirmed that there were no 'reported" traffic
collisions within the past four years.
Staff evaluated line of site for vehicles attempting to exit "M" Avenue onto E. 26th Street
and confirmed that it is difficult for drivers to see oncoming traffic when vehicles are parked
to close to the intersection. Therefore, staff recommends the installation of 20 feet of red
curb "No Parking" on the north side of E. 26th Street, east of "M' Avenue, and 10 feet of red
curb "No Parking" west of "M" Avenue, to enhance visibility and access from "M" Avenue
onto E. 26th Street.
Staff sent notices to area property owners, inviting them to attend the Traffic Safety
Committee Meeting and/or contact staff with any questions.
STAFF RECOMMENDATION:
Staff recommends the installation of 20 feet of red curb "No Parking" on the north side of E.
26th Street, east of "M" Avenue, and 10 feet of red curb "No Parking" west of "M" Avenue,
to enhance visibility and access from "M" Avenue onto E. 26th Street.
EXHIBITS:
1. Correspondence
2. Location Map
3. Photos
2016-23
44 of 321
SEECLICKFIX ID PRIORITY
2825597 Normal
REQUEST TYPE ADDRESS
Traffic Related Issues or 2521 M Avenue National City, California
Complaints
ASSIGNEE SLA EXPIRES REPORTED
Engineering / Public
Works Admin. 1
SECONDARY QUESTIONS
Please provide location.
corner of 26th Street and M Avenue
Please provide a brief description of issues/complaint.
not able to see around cars when turning onto 26th
Street from M Avenue.
LOCATION
08/22/2016 - 09:05PM
totems? thy
,bg2mF
Park#wartmenSti
Go.. e
C Ni tr Cd Gail Cothse '' �" es.• ,
i S ortai er Town and
°DUNI.'" StOORNeenNop arm one emeb
SUMMARY & DESCRIPTION MEDIA
Traffic Related tissues or I~ompla nts No Images available,
Unable to see oncoming traffic when turning from M
Avenue onto 26th Street. Need curbs painted red and
business trucks to park off street.
Reported by: An inonymous SeeClickFlx user
08/22/2016 - 09:05PNI
TIMESTAMP INTERNAL COMMENT COMMENTER
08/23/2016 Yes NEIGHBORHOOD SERVICES assigned this Issue to Engineering / Public NEIGHBORH
10:08AM Works Ad m i n.1 QOO
SERVICES
08/23/2016 Thanks for reporting through National City Connect, Engineering
10:37AM / Public
Works
Admin. 1
08/23/2016 For this request, please visit our Engineering Department to fill out an Engineering
10:38AM official request for the Traffic Safety Committee. Please contact US / Public
directly for more Information on this process 619-336-4380. Works
Admin. 1
08/23/2016 Thanks for using National City Connect, Engineering
10:38AM / Public
Works
Admin. 1
45 of 321
TIMESTAMP INTERNAL COMMENT
og/24/2016
08:44PM
We will accept this as your official request, no need to visit the
Engineering Department. This request has been referred to the City
Engineer for review and evaluation. Please contact the Engineering
Department at619-336-4380 or via email at
engineering@nationalcityca.gov for st tus. Thank you for using
National City Connect.
COMM ENTER
Engineering
/ Public
Works
Admin.
46 of 321
Location Map with Recommended Enhancements (TSC Item: 2016-23)
1305 E, 25T4l $tree'
1241 IE. 26T14 Stroot
Propod 10' red curb l Proposed 20' red curb
"Na Parkinga
"No Parking"
47 of 321
Proposed location for the
Installation of 20' (one (1)
parking space} red curb
"No Parking" space
Locaclon of request to install red curb "No Parking" located on E. 26th Street (looking north)
Proposed location for the
Installation of 10' (one (1)
parking space) red curb
"No Parklng" space
Location of request to install red curb "No ited on E. 26th Street (looking northwest)
48 of 321
CC/CDC-HA Agenda
1/17/2017 — Page 49
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of National City ratifying the acceptance of a $26,362 augmentation to the
California Library Literacy Services (CLLS) Grant, fiscal year 2016-17, for the National
City Library's Literacy Program, increasing the total grant
49 of 321
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: January 17, 2017
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of National City ratifying the acceptance of a $26,362 augmentation to
the California Library Literacy Services (CLLS) Grant, fiscal year 2016-17, for the National City
Library's Literacy Program, increasing the total grant amount from $18,000 to $44,362; and
authorizing the establishment of fund appropriations and a corresponding revenue budget. (Library)
PREPARED BY: G. Olivares DEPARTMENT: Libra n
PHONE: 470-5883 APPROVED BY:
EXPLANATION:
In August 2016, the Library was awarded a CLLS grant in a baseline amount of $18,000 to fund the
Library's FY2016-17 Literacy Program. This augmentation of $26,362 represents the final payment
from the California State Library to National City Library and is based on a formula that takes into
account the following:
A per capita amount per adult learner served in the previous year 2015-16
A match on local funds earmarked for adult literacy services and established by a Community
Development Block Grant in the amount of $44,370, which the City Council awarded to the
Library for FY2016-17.
With this final payment, the amount of CLLS Grant awarded to National City Library for its FY2016-17
Literacy Program is $44,362.
FINANCIAL STATEMENT: APPROVED: , -`' LA., Finance
ACCOUNT NO. 320-418-339 APPROVED: MIS
320-31339-3463
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Approval recommended
BOARD / COMMISSION RECOMMENDATION:
Approved by the Library Board of Trustees on January 9, 2017
ATTACHMENTS:
1. Copy of original Letter of Award
2. Award Letter for second installment payment
3. Resolution
50ot321
(..:on 617t a
STATE LI BRARY
EIMMILEGIMUMMIEW
IZHFIYI,'GOVI Rl
July 22, 2016
Minh Duong
National City Public Library
1401 National City Boulevard
National City, CA 91950-3314
Dear Ms. Duong:
We're happy to provide funds for the fiscal year that began July 1, to support your California Library
Literacy Services program and the important work you, your staff and volunteers do in your
community.
There are three parts to the library's funding formula:
1. A baseline amount ($18,000) for each approved literacy program to provide libraries with the
funding needed to deliver a minimum level of local literacy staffing and services;
2. A per capita amount per adult learner served in the previous year; and
3. A match on local funds raised and expended for adult literacy services —reflecting a
commitment to a continuing state/local partnership and providing an incentive for increased
local support for adult literacy.
The recently signed state budget continues California Library Literacy Services funding at $4.82
million, a $2 million increase over the funding level two years ago. Last year, the increased
investment by the Brown administration allowed five new library jurisdictions to join the state literacy
program.
Applications are being accepted for the current fiscal year; we anticipate there will be more
jurisdictions eager to help even more learners at other libraries across the state.
At this time, we're providing the $18,000 baseline amount for your program. The remainder will be
sent in the fall after a review of the reports you submit to us in August.
The payment process begins once we receive your signed Claim Form (attached). Please direct any
questions to: Lisa Dale at (916) 653-7743 or lisa.dale@library.ca.gov.
Thank you for yo r willingness to do so much for so many people in need.
RespecjIly yoy� s,
Greg Ls
Californ tate Librarian
cc: Minh Doung, Literacy Coordinator minh.duongc nationalcitylibrary.orq
File
Enc.: Claim Form
916.653.5217 phone
916.653.8443 fax
www.Iibrary.ca.gov
51 of 321
Library Development Services Bureau
P. O. Box 942837 Sacramento, CA 94237-0001
900 N Street, 4th Floor, Sacramento, CA 95814
December 5, 2016
Minh Duong, City Librarian
National City Public Library
1401 National City Boulevard
National City, CA 50
Dear Ms.
ong: /1((Ai
ocrt a.
STATE I BRARY
PRESERVING OCR HERITAGE. SIEATING OUR FUTURE
I'm pleased to enclose a claim form for the remainder of your California Library Literacy Services
funding for the 2016-2017 fiscal year.
This final, second payment of your total allocation for the fiscal year that began July 9, 2016 is based
on:
• A per capita amount per adult learner served at your library during the previous fiscal year.
• A match on local funds raised and expended for adult literacy services at your library during the
fiscal year that ended June 30, 2016.
Earlier this year you received a baseline for your literacy program. The baseline reflects the importance
of each library having enough funds to provide local literacy staffing and service.
Below is a re -cap of your total California Library Literacy Services funding for the current program year:
Baseline Adult Literacy Services:
Final Payment {Per Capita & Match):
$18,000 (amount previously claimed)
$26,362 (amount to be claimed now)
GRAND TOTAL FOR 2016/17: $44,362
Changes in your funding from last year are based onan increase or decrease in the number of adult
learners you served, and/or an increase or decrease in the amount of local funds expended on adult
literacy last year.
We'II initiate the payment process upon receipt of your signed claim form, which is attached. This final
payment will be processed after all reporting requirements from the prior fiscal year have been
received, all adjustments made and unexpended monies returned.
The following specific issues or observations are being made about your final report:
We commend you for the growth in number of learners served.
Please mail the signed claim form to: California State Library
Fiscal/Local Assistance
P.O. Box 942837
Sacramento, CA 94237-0001
916.653.5217 phone
916.653.8443 fax
www.library.ca.gov
52 of 321
Library Uevelopment Services Bureau
P. 0. Box 942837 Sacramento, CA 94237.0001
900 N Street, 4h Floor, Sacramento, CA 95814
National City Public Library 2
The attached form requires your signature and serves two purposes:
1. Certifies that your library will use the funds for the purpose intended; and
2. Requests to claim the funds and have a check sent to you
In January, you'll be asked to revise your literacy budget for the 2016-2017 fiscal year utilizing the
actual total allotment from the State Library shown in this award letter. The budget that you submitted
with your application earlier this year was based on projections. Your revised budget should reflect
updated information and more accurate figures than you had at the time of application.
You'll be asked to report electronically after the close of the fiscal year. Library literacy services staff will
provide more details on this process. If you need a copy of your most recent final report and/or
application, please contact Andrea Freeland at andrea.freeland(�library.ca.gov.
PLEASE REMEMBER THAT ALL STATE FUNDS MUST BE EXPENDED OR ENCUMBERED BY
JUNE 30, 2016 OR RETURNED TO THE STATE.
Should you have additional questions regarding the new funding and/or reporting process, please
contact:
Lisa Dale (916) 653-7743 or lisa,dalelibrary.ca.00v
Andrea Freeland (916) 651-3191 or andrea.freeland�a library.ca.gov
Thanks again for your commitment to literacy. It's one of the most transformative and successful things
libraries d
Respeci'f ly yours,
G :• Lucas
Cali ►rni- State Librarian
cc: CI r y Lieu, Literacy Coordinator (via email: cindy.lieu(a7nationalcitylibrarv.orq)
Min Duong, City Librarian (via email: minh.duonqanationalcitvlibrarv.orq)
Enc.: Claim Form
916.653.5217 phone
916.653.8443 fax
www.library.ca.gov
53 of 321
Library Development Services Bureau
P. 0. Box 942837 Sacramento, CA 94237-0001
900 N Street, 41h Floor, Sacramento, CA 95814
CC/CDC-HA Agenda
1/17/2017 — Page 54
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 Chevrolet Suburban, for the Fire
Department from Ron Baker Chevrolet of National City, in the a
54 of 321
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: January 17, 2017
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 Chevrolet Suburban, for the Fire Department
from Ron Baker Chevrolet of National City, in the amount of $54,229.99.
PREPARED BY: Debbie Lunt DEPARTMENT:
PHONE: 336-4582 APPROVED BY
EXPLANATION:
Request for Bid #GS1617-4 was issued for the purchase of one (1) 2017 Chevrolet Suburban LT, or
equal, for the Fire Department. Bids were mailed to twelve (12) vendors, netting two (2) responses.
Bids were opened and publicly read on December 15, 2016, with no vendors present for the opening.
The purpose of the vehicle is as follows:
(1) 2017 Chevrolet Suburban (Fire) — Battalion Chief Vehicle
FINANCIAL STATEMENT: APPROVED: __ -1 Finance
ACCOUNT NO. APPROVED: MIS
Funds are appropriated in account number 644-412-125-511-0000 - $54,229.99
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 / COMMISSION RECOMMENDATION:
NIA
ATTACHMENTS:
1. Resolution
2. Bid Abstract
55 or ;iZ1
GS1617-4 CHEVY SUBURBAN
BID ABSTRACT/ANALYSIS 12/19/2016
BIDDER:
Suburban
Other
SUB
9%Tax
TIRE FEE
PYMT TERMS
TOTAL
r
Ron Baker Chevrolet
$49,744.26
$49,744.26
$4,476.98
$8.75
Net 30
$54,229.99
AWARD
National City, CA
Lake Chevrolet
$50,750.00
$80.00
$50,830.00
$4,574.70
$8.75
Net 30
$55,413.45
Lake Elsinore, CA
Bob Stall Chevrolet
No Response
La Mesa, CA
Quality Chevrolet
No Response
Escondido, C
Courtesy Chevrolet
No Response
San Diego, CA
City Chevrolet
No Response
San Diego, CA
Jimmy Johnson Chev
No Response
San Diego, CA
Weseloh Chevrolet
No Response
Carlsbad, CA
Paradise Chevrolet
No Response
Temecula, CA
Gasch Chevrolet
No Response
Hemet, CA
Simpson Chev of Irvine
No Response
Irvine, CA
Connell Chevrolet
No Response
Costa Mesa, CA
56 of 321
CC/CDC-HA Agenda
1/17/2017 — Page 57
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 NHA Advisors, LLC for municipal advisory services for the period January 17,
2017 through December 31, 2019 with two additional one-year options
57 of 321
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: January 17, 2017
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement
with NHA Advisors, LLC for municipal advisory services for the period January 17, 2017 through
December 31, 2019 with two additional one-year options.
PREPARED BY: Mark Roberts, Director of Finance
PHONE: 619-336-4265
EXPLANATION:
See attached staff report.
DEPARTMENT? Fi - n e
APPROVED 1BY:
FINANCIAL STATEMENT:
ACCOUNT NO.
NA
APPROVED_ -
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 NHA Advisors, LLC for municipal
advisory services for the period January 17, 2017 through December 31, 2019 with two additional one-year
options.
BOARD / COMMISSION RECOMMENDATION:
NA
ATTACHMENTS:
1. Staff report
2. NHA Advisors, LLC Agreement
3. Resolution
58 of 321
+ CALIFORNIA
NATIONAL CITY
ALAV
INCORPORATED
City Council Staff Report
January 17, 2017
ITEM
Resolution of the City Council of the City of National City authorizing the Mayor to execute an
agreement with NHA Advisors, LLC for municipal advisory services for the period January 17,
2017 through December 31, 2019 with two additional one-year options.
BACKGROUND
The City has received professional municipal (financial) advisory services for several years.
These services have been provided to assist the City with reviewing its long-range financing
needs and developing alternative strategies for meeting those needs, analyzing and interpreting
legislation for economic or financial opportunities or impacts for the City, analyzing and
interpreting complex business plans and financial proposals made to the City, and issuing debt.
In anticipation of the expiration of its agreement with its current municipal advisor, Urban
Futures, Inc., on January 31, 2017, the City, on behalf of itself, the Housing Authority, and the
Successor Agency, issued a request for proposals ("RfP") for municipal advisory services on
September 15, 2016.
REQUEST FOR PROPOSALS PROCESS
As noted above, the City issued an RfP for municipal advisory services on September 15, 2016.
The RIP was sent to several municipal advisory firms and was posted on the City's and the
California Society of Municipal Finance Officers (CSMFO) websites. Responses to the RfP
were due by 5:00 pm on October 13, 2016.
The City received four (4) proposals in response to the RfP. The firms submitting proposals,
listed in alphabetical order, are:
KNN Public Finance, LLC;
Kosmont Transactions Services;
NHA Advisors, LLC;
Urban Futures, Inc.
A selection panel reviewed all proposals and interviewed all submitting firms. The selection
panel included the following members:
Janel Pehau, Finance Analyst;
59 of 321
Page 2
Resolution of the City Council of the City of National City authorizing the Mayor to execute an
agreement with NHA Advisors, LLC ("NHA") for municipal advisory services for the period
January 17, 2017 through December 31, 2019 with two additional one-year options.
January 17, 2017
Javier Carcamo, Financial Services Officer;
Alfredo Ybarra, Director of Housing & Economic Development;
Tim McDermott, Director of Finance / Treasurer, City of Santee;
Alicia Granados, Accountant, City of Chula Vista.
In order to rank the firms and provide a recommendation to the City Council, the selection panel
considered:
• relevant experience with California municipal governments;
• commitment of key members of the firm to the City;
• demonstrated knowledge of the work/services required;
• approach to municipal advisory services; and
• cost of services.
After reviewing and considering each proposal and interviewing representatives of each of the
firms, the consensus of the panel members was that NHA Advisors, LLC would best meet the
municipal advisory services needs of the City.
NHA Advisors (from submitted proposal)
NHA Advisors, LLC ("NHA") is an independently -owned municipal advisor/Independent
Registered Municipal Advisor organized as a California limited liability company. NHA
specializes in providing municipal advisory services to local government agencies only in
California, with a primary focus on small and medium-sized cities, special districts (utilities and
community services), and successor agencies to redevelopment.
NHA is registered with the Municipal Securities Rulemaking Board and has five practicing
municipal advisors. The three principals of NHA each have more than 25 years of public finance
experience. Its two vice presidents each have more than 10 years of public financing experience.
Every member of NHA has dedicated his/her entire career to the public sector, either as a
consultant or directly in public service. NHA only brings qualified and experienced people into
the organization and does not believe in training individuals at the expense of public agencies.
NHA serves as municipal advisor to public agencies throughout California, working with over 60
municipalities on projects including proposal review for new development, budget and long-term
planning, policy considerations, and traditional municipal finance.
RECOMMENDATION
Staff recommends the City Council authorize the Mayor to execute the agreement with NHA
Advisors, LLC for municipal advisory services for the period January 17, 2017 through
December 31, 2019 with two additional one-year options.
FISCAL IMPACT
60 of 321
Page 3
Resolution of the City Council of the City of National City authorizing the Mayor to execute an
agreement with NHA Advisors, LLC ("NHA") for municipal advisory services for the period
January 17, 2017 through December 31, 2019 with two additional one-year options.
January 17, 2017
NHA's advisory fees (for projects not related to the issuance of any debt obligations) will be
based upon hourly rates for actual work performed, in accordance with the following schedule:
Person Performing Work Hourly Rate
Principal $275
Vice President $225
Associate $175
Analyst $125
Administrative $75
These fees do not include reasonable and necessary out-of-pocket expenses, including but not
limited to data resources, photocopying, postage, and delivery. California travel will not be
considered a reimbursable expense.
For projects associated with the issuance of notes, bonds, or other obligations, NHA's fees will
be based upon the schedule below. The ranges provided in the schedule are indicative. NHA's
specific compensation on a project will depend upon the time required to complete the process,
which is typically a function of credit quality, structure, nature/extent of NHA's role, and NHA's
expected time commitment.
Project Fee Range
Tax and Revenue Anticipation Notes $17,500 - $22,500
Certificates of Participation $42,500 - $67,500
Revenue Bonds $47,500 - $72,500
Assessment Districts $32,500 - $72,500
Community Facilities Districts $37,500 - $72,500
Tax Allocation Bonds $47,500 - $92,500
Fees related to the issuance of debt typically are included in costs of issuance and financed by
the debt.
ATTACHMENTS
Attachment 1 — NHA Advisors, LLC Agreement
Attachment 2 — Resolution
61 of 321
AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
NHA ADVISORS, LLC
THIS AGREEMENT is entered into this 17th day of January, 2017, by and between the
CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and NHA ADVISORS,
LLC, a California limited liability company (the "CONSULTANT").
RECITALS
WHEREAS, the CITY desires to employ a CONSULTANT to provide municipal
advisory services.
WHEREAS, the CITY has determined that the CONSULTANT is a municipal advisor
and is qualified by experience and ability to perform the services desired by the CITY, and the
CONSULTANT is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the
CONSULTANT, 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 January 17, 2017. The duration of this Agreement is for the period of
January 17, 2017 through December 31, 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 perform municipal advisory
services as set forth in the attached Exhibit "A."
The CONSULTANT shall be responsible for all research and reviews related to
the work and shall not rely on personnel of the CITY for such services, except as authorized in
advance by the CITY.
The 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
62 of 321
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. Craig Hill thereby is designated as the Project Director for
the CONSULTANT.
5. COMPENSATION AND PAYMENT. The compensation for the
CONSULTANT shall be based upon billing(s) covering actual work performed in accordance
with the rates stated in the attached Exhibit "B." Billings shall include labor classifications,
respective rates, hours worked and also materials, if any. The labor rates for work described in
Exhibit "A" of this agreement shall not exceed the rates listed in Exhibit `B" of this Agreement.
Compensation for bond transactions shall be based upon the schedule included in Exhibit `B"
and shall not exceed the rates listed in Exhibit "B." Invoices will be processed for payment and
remitted within thirty (30) days from receipt of invoice, provided that work is accomplished
consistent with Exhibit "A," as determined by the CITY.
The CONSULTANT shall maintain all books, documents, papers, employee time
sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such
materials available at its office at all reasonable times during the term of this Agreement and for
three (3) years from the date of final payment under this Agreement, for inspection by the CITY,
and for furnishing of copies to the CITY, if requested.
6. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions
which may arise as to the quality or acceptability of the services performed and the manner of
performance, the acceptable completion of this Agreement, and the amount of compensation due.
In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the
work, the manner of performance and/or the compensation payable to the CONSULTANT in this
Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten
(10) business days, the CONSULTANT and the CITY shall each prepare a report which supports
their position and file the same with the other party. The CITY shall, with reasonable diligence,
determine the quality or acceptability of the work, the manner of performance, and/or the
compensation payable to the CONSULTANT.
7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda,
Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the
CONSULTANT for this Project, whether paper or electronic, shall become the property of the
CITY for use with respect to this Project, and shall be turned over to the CITY upon completion
of the Project, or any phase thereof, as contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONSULTANT hereby
assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright
in, and the right to reproduce, all written material, drawings, plans, specifications, or other work
prepared under this Agreement, except upon the CITY'S prior authorization regarding
reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT
shall, upon request of the CITY, execute any further document(s) necessary to further effectuate
this waiver and disclaimer.
The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce,
modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S
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written work product for the CITY'S purposes, and the CONSULTANT expressly waives and
disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to
intellectual property and artistic works.
Any modification or reuse by the CITY of documents, drawings, or specifications
prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section
14, but only with respect to the effect of the modification or reuse by the CITY, or for any
liability to the CITY should the documents be used by the CITY for some project other than
what was expressly agreed upon within the Scope of this project, unless otherwise mutually
agreed.
8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of
this Agreement will be acting in an independent capacity and not as agents, employees, partners,
or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S
employees are employees of the CITY, and are not entitled to any of the rights, benefits, or
privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy-
ment, or workers' compensation insurance.
This Agreement contemplates the personal services of the CONSULTANT and
the CONSULTANT'S employees, and it is recognized by the parties that a substantial
inducement to the CITY for entering into this Agreement was, and is, the professional reputation
and competence of the CONSULTANT and its employees. Neither this Agreement nor any
interest herein may be assigned by the CONSULTANT without the prior written consent of the
CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or
hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem
necessary for the proper and efficient performance of this Agreement. All agreements by
CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to
adhere to the applicable terms of this Agreement.
9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have
any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees,
except as herein set forth, and the CONSULTANT or the CONSULTANT'S agents, servants, or
employees are not in any manner agents, servants, or employees of the CITY, it being
understood that the CONSULTANT its agents, servants, and employees are as to the CITY
wholly independent CONSULTANT, and that the CONSULTANT'S obligations to the CITY
are solely such as are prescribed by this Agreement.
10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the
performance of the services to be provided herein, shall comply with all applicable state and
federal statutes and regulations, all Municipal Securities Rulemaking Board rules, 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
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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 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
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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, fmn, 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 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, suites, 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 indemnity, defense, and hold harmless obligations contained herein shall survive the
termination of this Agreement for any alleged or actual omission, act, or negligence under this
Agreement that occurred during the term of this Agreement.
16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all
of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of
California, the applicable provisions of Division 4 and 5 of the California Government Code and
all amendments thereto; and all similar State or federal acts or laws applicable; and shall
indemnify, and hold harmless the CITY and its officers, and employees from and against all
claims, demands, payments, suits, actions, proceedings, and judgments of every nature and
description, including reasonable attorney's fees and defense costs presented, brought or
recovered against the CITY or its officers, employees, or volunteers, for or on account of any
liability under any of said acts which may be incurred by reason of any work to be performed by
the CONSULTANT under this Agreement.
17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase
and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and
maintain throughout the term of this Agreement, the following checked insurance policies:
A. ® If checked, Professional Liability Insurance (errors and
omissions) with minimum limits of $5,000,000 per occurrence.
B. Automobile Insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of $1,000,000
combined single limit per accident. Such automobile insurance shall include owned, non -owned,
and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents and
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employees as additional insureds, and a separate additional insured endorsement shall be
provided.
C. Commercial General Liability Insurance, with minimum limits of
$2,000,000 per occurrence and $4,000,000 aggregate, covering all bodily injury and property
damage arising out of its operations 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."
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, 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.
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
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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. TERMINATION.
A. This Agreement may be terminated with or without cause by the CITY.
Termination without cause shall be effective only upon 60-day's written notice to the
CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in
accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY for
cause in the event of a material breach of this Agreement, misrepresentation by the
CONSULTANT in connection with the formation of this Agreement or the performance of
services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of written
Notice of Termination to the CONSULTANT as provided for herein.
Notice
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.
20. 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:
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To CITY:
Director of Finance
City of National City
1243 National City Boulevard
National City, CA 91950-4301
To CONSULTANT:
Craig Hill, Principal
NHA Advisors, LLC
4040 Civic Center Drive, Suite 200
San Rafael, CA 94903
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver because
of changed address of which no notice was given shall be deemed to constitute receipt of the
notice, demand, request, or communication sent. Any notice, request, demand, direction or other
communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-
eight (48) hours by letter mailed or delivered as specified in this Section.
21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the terra 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. 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.
22. 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.
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23. 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 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 will control.
F. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or any other provision
hereof.
H. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the
parties shall be subject to the examination and audit of the State Auditor for a period of three (3)
years after final payment under the Agreement, per Government Code Section 8546.7.
J. Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between the
parties as to the subject matter hereof. No subsequent agreement, representation, or promise
made by either party hereto, or by or to an employee, officer, agent, or representative of any
party hereto shall be of any effect unless it is in writing and executed by the party to be bound
thereby.
K. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties hereto.
L. 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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first above written.
CITY OF NATIONAL CITY NHA ADVISORS, LLC
By: By:
Ron Morrison, Mayor (Name)
CIAd 2
(Print)
1',e--i-oc 4444--
APPROVED AS TO FORM: (Title)
George H. Eiser, III
InterimCity Attorney
2016 Agreement
10
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City of National City and NHA Advisors, LLC
Exhibit A
NHA Advisors, LLC
Scope of Services
Municipal advisory services may include, but are not limited to, assisting the City of National
City ("City") to:
• review the City's long-range financing needs, particularly with respect to its capital
improvement program, and develop alternative strategies for meeting those needs;
• analyze and interpret legislation for economic or financial opportunities or impacts for the
City;
• analyze and interpret complex business plans and financial proposals made to the City;
• present alternative strategies for managing the City's current or future debt to achieve
the best value for taxpayers.
The consultant may also be called upon to assist with the issuance of debt, including, but not
limited to:
▪ review of credit issues & key terms of the financing indenture;
• review and analysis of complex business plans and financial proposals, including those
for refunding opportunities, made to the City;
• selling bonds or obtaining other debt financing by performing tasks such as:
o advising on the essential features of the bond or other financing structure;
o providing market analysis and information to determine the best method of sale
or course of action for the City;
o assisting with or preparing requests for proposals as appropriate for other
professional services needed to carry out the financing;
o participating in the preparation of offering or other documents needed for the
financing;
o preparing or coordinating the preparation of material for such purposes as rating
agency and credit enhancement review processes;
o coordinating the bidding for bonds in a competitive sale;
o negotiating bond terms in a negotiated sale;
o working with the finance team to facilitate an effective bond sale or other closing
and delivery of proceeds;
o providing post -sale advice on proceeds investments (as needed);
• preparation and submittal of continuing disclosure reports annually, or as otherwise
required by the City's current or future bond covenants, to the Electronic Municipal
Market Access, a service of the Municipal Securities Rulemaking Board.
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Exhibit B
NHA ADVISORS, LLC
HOURLY RATES AND MAXIMUM FEE TO
PERFORM MUNICIPAL ADVISORY
SERVICES
For projects not directly related to the issuance of any debt obligations, the City of National City
("City") will be billed at the following hourly rates:
Principal
Vice President
Associate
Analyst
Administrative
$275
$225
$175
$125
$75
The City will reimburse NHA for reasonable and necessary out-of-pocket expenses, including
but not limited to data resources, photocopying, postage, and delivery. California travel will not
be considered a reimbursable expense.
For projects associated with the issuance of notes, bonds, or other obligations, the City will
compensate NHA in accordance with the table below. The ranges provided in the table are
indicative. NHA's specific compensation on a project, which shall be agreed upon prior to
commencement of the project, will depend upon the time required to complete the process,
which is typically a function of credit quality, structure, and nature/extent of NHA's role, and
NHA's expected time commitment.
Project
Tax and Revenue Anticipation Notes
Certificates of Participation
Tax Allocation Bonds
Revenue Bonds
Assessment Districts
Community Facilities Districts
Fee Range
$17,500 - $22,500
$42,500 - $67,500
$47,500 - $92,500
$47,500 - $72,500
$32,500 - $72,500
$37,500 - $72,500
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CC/CDC-HA Agenda
1/17/2017 — Page 74
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City adopting the amended Policy 802 of the City
Council Policy Manual Chapter 800. (Neighborhood Services)
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CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: January 17, 2017
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City adopting the amended Policy 802 of the City Council
Policy Manual Chapter 800.
PREPARED BY: Armando Vergara, Director NSD 619-336-4213 i DEPARTMENT:
PHONE: APPROVED BY:
EXPLANATION:
See attached
I` .i ood Services
FINANCIAL STATEMENT:
ACCOUNT NO.
N/A
ENVIRONMENTAL REVIEW:
N/A)
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED: Finance
APPROVED: MIS
STAFF RECOMMENDATION:
'Adopt Resolution
BOARD / COMMISSION RECOMMENDATION:
[NM
ATTACHMENTS:
1) Staff Report
2) Resolution
3) Council Policy 802
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City Council StaffRcprt
January 17, 2017
ITEM
Staff Report: Resolution of the City Council of the City of National City adopting the amended
Policy 802 of the City Council Policy Manual Chapter 800.
BACKGROUND
The City Council recognizes that special events are an important part of the special lifestyles that
defines National City and makes our City unique, however the City Council is concerned with the
increasing cost for special events. These include concerts, festivals, parades and sporting events
which take place at City parks and facilities or on City streets and rights -of -way. To address these
concerns, Policy 802 (formerly 804) was created and adopted on October 3, 2006 which provided
guidelines to deal with the cost of City support and that are subject to the City's economic
condition and resources. On August 3, 2010, this policy was revised for budgetary reasons and the
City's need to reduce expenditures. Fironcial support for co -sponsored events was reduced from
$1500 to $1000 and some regional events were removed from City sponsorship.
In mid-2013, the City Council appointed two committees to review and update Council Policy
801 (ecxea ona; Field and Sports Facility Rules and Regulations) and 802 (City Support for
Special Events). These committees consisted of Mayor Morrison, Council Member Sotelo-Solis,
Council Member Rios, Executive Director Raulston, Neighborhood Services Manager Vergara,
former Community Services Recreation Superintendent Cissel and Public Works Park
Superintendent Diaz. The committees met a number of times to discuss and review the existing
policies and make recommendations.
In 2016, the City Manager directed staff to review and revise the 800 policies. After completion
of the review process and evaluation, staff met with Mayor and Councilmembers and discussed
the proposed recommendations and consolidation of five Chapter 800 policies into three policies.
On April 5, 2016, Policy 801, 802 and 803 were amended and adopted.
▪ Policy 801 Recreational Field and Sports Facility Rules and Regulations
• Policy 802 City Support for Special Events 8z Use of the City Mobile Stage
• Policy 803 Facility Use Guidelines and Regulations for the Use of Community Centers
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Page 2
Staff Report — Resolution of the City Council of the City of National City adopting the amended
Policy 802 of the City Council Policy Manual Chapter 800.
January 17, 2017
DISCUSSION
As discussed above, City Council Policy Chapter 800 was amended in early 2016 with revisions
to Policy 801, 802 and 803. As part of the yearly review of the Special Events for City Council
Policy 802 and new non-profit applicants requesting consideration for City Co -Sponsorship,
Policy 802 Committee met on December 5, 2016.
This 802 Council Policy Committee consist of Mayor Morrison, Council Member Rios, Deputy
City Manager Raulston, Neighborhood Services Director Vergara, Community Services
Recreation Superintendent Denham and Public Works Park Superintendent Diaz. The committee
was presented with three local non-profit organizations requesting consideration to be added to
the co -sponsored event list per Policy 802. The following qualified applicant organizations
were:
• Maytime Band Review
• Sweetwater Kiwanis Club
• Mabuhay Festival
Amer review and discussion, the committee approved the recommendation of adding these three
above listed organizations to the National City Co -Sponsored Event List Attachment "A". The
committee also considered and recommended the removal of the following events listed on
Attachment "A" that have been non -active and are no longer processing their annual event in
National City:
• Chamber Installation Dinner
• Taste of National City
The committee also reviewed the policy section which currently allows non co -sponsored
applicants the ability to request a waiver of fees in the amount up to the maximum level of
$1000 per event day. It is the recommendation of the committee that this fee amount be lowered
to $500 maximum per event day.
RECOMMENDATION
Staff recommends adoption of Resolution.
77 of 321
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
TITLE: City Support for Special Events & Use of the City Mobile Stage POLICY 802
ADOPTED: October 3, 2006 AMENDED: January 17, 2017
BACKGROUND:
The Council recognizes that special events are a lifestyle that defines National City's
history and makes our City unique. However, City Council is also concerne& with the
increasing cost of City support of special events, examples of which are concerts, festivals,
parades and sporting events which take place at City parks and facilities or in City streets
and rights -of -way. The Council notes that City support of special events, be it police traffic
service, fire standby service or other support, is not specially budgeted and is provided
through reductions in the level of service for budgeted programs.
DEFINITIONS:
1. "SPECIAL EVENT" as defined in Municipal Code Section 15.60.005 means any
organized activity conducted for a common or collective purpose, use or benefit which
involves the utilization of, or has an impact upon, public property or facilities and the
need for providing municipal and public safety services in response to the event.
Examples of Special Events include, but are not limited to:
a. Parades
b. Public concerts and other community cultural events
c. Demonstrations
d. Circuses
e. Fairs and festivals
£ Community or neighborhood block parties and street dancc
g. Mass participation sports (marathons, bicycles races and tours)
h. Film making activities
i. Public speaker events
2. "CITY SUPPORT' means any City
to maintain a Specialv�ent� interference
and inconvenience to the general public resulting from
City Support includes, but is not limited to:
a. Special Event permit processing
b. Police services
c. Sanitation and cleanup
d. Maintaining access for emergency vehicles and provision of medical care
e. Street closures
f. Use of City Stage, PA equipment and/or Information Trailer
78 of 321
TITLE: City Support for Special Events & Use of the City Mobile Stage POLICY 802
ADOPTED: October 3, 2006 AMENDED: January 17, 2016
City Support does not include internal security, crowd control and other services
considered the responsibility of the Special Event Sponsor.
3. "NON PROFIT" means a non-profit tax exempt organization (501(c)(3)) that is
exempted from payment of income taxes by federal or state law and which has been in
existence for a minimum of six (6) months preceding the date of application for a
special event.
4. "PUBLIC FACILITY" means any property, building, or public access (street, park,
theater, etc.) that lies within the City and which is owned or operated by the City for
public benefit or usage.
5. "EVENT ORGANIZER" means any person, group, or corporation assuming
responsibility for planning, promoting, and carrying out a Special Event.
6. "CITY MANAGER" means the City Manager or designee.
7 "CITY CO -SPONSORED EVENT" is defined as an annual event that occurs within
the boundaries of National City. The co -sponsoring agency must be a National City
non-profit or branch thereof and the event must benefit National City and its residents.
Applications must be submitted as a special event application to the Neighborhood
Services Department, deadlines are noted annually. The current City co-sponsorship
events list (Attachment A) are considered grandfathered and will not need to apply
annually for approval.
8. "CITY SPONSORED EVENT" is defined as an annual community -wide event that is
planned and managed by one or more City departments. The current City sponsored
events list (Attachment "B") are considered grandfathered and will not need to apply
annually for approval. These events will not require a secondary City Council
approval through the TUP or Special Event process. City Staff will process event
applications and City Council will be updated of these events annually and or on a
quarterly basis.
PURPOSE:
It is the purpose of this policy to provide guidelines for the support of special events,
consistent with the least possible disruption to normal City services.
POLICY:
1. It is the policy of the City Council that to the extent that economic conditions and the
City's resources allow, the City Manager may provide City support for a special event
conducted by a non-profit organization. City support would be limited to a waiver of
permit processing fees and the event must benefit National City residents. Examples
Page 2 of 6
79 of 321
TITLE: City Support for Special Events & Use of the City Mobile Stage POLICY 802
ADOPTED: October 3, 2006 AMENDED: January 17, 2016
include an event where there is insufficient time for Council approval, such as in the
event of a catastrophe or an emergency situation. The City Manager shall notify the
City Council of any such support on a monthly basis.
2. It is the policy of the City Council that to the extent that economic conditions and the
City' s resources allow, the City manager upon City Council notification, may provide
reasonable City support of up to $1,200 per event day to non-profit special events that
benefit National City residents, are held wholly within City limits, and which are listed
in Attachment A and are considered to be City co -sponsored annual events.
3. It is the policy of the City Council that any new non-profit applicant (not on
Attachment A) requesting co-sponsorship must apply to be considered for the City co-
sponsored event list which will be reviewed annually by the 802 policy committee. The
802 policy committee will recommend changes to the co -sponsored event list only
when required on an annual basis (per Section 7 of Definitions- page 2). As a City co-
sponsored event, organizations shall prominently place the City' s logo in all
advertising materials promoting the event and provide space for the City to set up an
information booth, per the City Council's discretion.
4. It is the policy of the City Council that any new Special Event or TUP applicant not
currently on the approved co -sponsored list and requesting fee waivers, may only be
considered to have fees waived up to the maximum level of $500 per event day.
Attachments "A" and "B" are the current list of approved co -sponsored and sponsored
events respectively. Any new events considering co-sponsorship must apply through
the annual process.
5. It is the policy of the City Council that to the extent economic conditions and the City's
resource allow, National City will sponsor and provide community -wide annual events
which are listed in Attachment B. Event fees that are incurred by City departments will
be charged against an account designed for that purpose. The City Manager shall notify
the City Council of upcoming events on a quarterly basis.
6. It is the policy of the City Council that the City Manager shall charge City costs for any
special event of a commercial nature; also, the City Manager shall require organizers of
commercial special events to pay the City a negotiated percentage of gross revenues of
a flat fee. Such revenues will be deposited into the City's General Fund.
Proceeds from a special event of a commercial nature that benefits a local non-profit
organization, shall show proof of donation within 10 business days. Such proof shall be
submitted to the City's Finance Department (Revenue & Recovery). Failure to provide
proof of donation will result in loss of deposit and may jeopardize future use of City
facilities.
7. The use of El Toyon Park for special events is prohibited.
Page 3of6
80 of 321
TITLE: City Support for Special Events & Use of the City Mobile Stage POLICY 802
ADOPTED: October 3, 2006 AMENDED: January 17, 2016
8. The mobile stage shall be used only on City parklands, and/or other public property
within the limits of National City. Regular use that is approved annually includes
starred events on Attachments "A" and "B". Any events outside this purview and
requesting use of the City stage must apply through the special event process. The
USER of the stage shall be responsible for any damage to the unit resulting from
carelessness or misuse.
RELATED POLICY REFERENCES:
City Council Policy # 704 — Limitation on City Approved Special Events within the City
City Council Policy # 801 — Field and Facility Rules and Regulations
Page 4 of 6
81 of 321
TITLE: City Support for. Special Events & Use of the City Mobile Stage POLICY 802
ADOPTED: October 3, 2006
AMENDED: January 17, 2016
ATTACHMENT `A'
NATIONAL CITY CO -SPONSORED EVENTS
Event Title
Sweetwater Kiwanis Carnival
Granger Jr. High Cultural Fair*
Job Fair
July 4* Carnival*
Mabuhay Festival
Auto Heritage Days*
Relay for Life*
Salute to Navy
Sweetwater Il gh Homecoming
Community Concert Band Series
(up to 4 concerts annually/per year)
Spirit of the Holidays
Christmas in July Clean -Ups
Maytime Band Review
Organizer
Sweetwater Kiwanis Club
Granger Jr. High
N.C. Chamber of Commerce
National City Host Lions Club
Mabubay Festival
N.C. Chamber of Commerce
American Cancer Society
N.C. Chamber of Commerce
Sweetwater High School
N.C. Community Concert Band
N.C. College Campus Lions
Christmas in July
Maytime Band. Association
T_ning
March
Spring
Spring
July
June
August
August
October
Fall
Quarterly
December
Various
October
*Indicates use of City Mobile Stage
Note: Co -sponsored events that reoccur on the same date, or weekend each year will maintain 'first rights" to their
date if the special event permit application is received within five months of the recurring cheduled onnt ddates ge�eken� (such
r the five -
month application deadline, other interested parties will be able to applyEvents
as the Pr, 2"13", 4th, or 5th weekend of a month) will be defined by the first date of the event is open to the public.
Page 5 of 6
82 of 321
TITLE: City Support for Special Events & Use of the City Mobile Stage POLICY 802
ADOPTED: October 3, 2006 AMENDED: January 17, 2016
ATTACHMENT `B'
NATIONAL CITY SPONSORED EVENTS
Event Title Orgarai7er Timing
Movies in the Park Community Services Summer
Miss National City Pageant* Community Services July
National Night Out Police, Community Services, FFA August
9/11 Remembrance Ceremony Fire September
State of the City Mayor's Office Fall
Tower of Terror* Fire, Community Services October
Veteran's Day Community Services November
Christmas Tree Lighting Community Services December
Community Service Day Community Services April
National City Public Safety Fair Police, Fire April
*Indicates use of City Mobile Stage
Page6of6
83 of 321
CC/CDC-HA Agenda
1/17/2017 — Page 84
The following page(s) contain the backup material for Agenda Item: Warrant Register
#19 for the period of 11/02/16 through 11/08/16 in the amount of $2,090,394.47.
(Finance)
84 of 321
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: January 17, 2017
AGENDA ITEM NO.
ITEM TITLE:
Warrant Register #19 for the period of '11/02/16 through 11/08/16 in the amount of $2,090,394.47.
(Finance)
PREPARED BY: IK. Apalategui DEPARTMENT:
PHONE: 019-336-4572
EXPLANATION:
Per Government Section Code 37208, attached are the warrants issued for the period of 11/02/16
through 11/08/16.
Consistent with Department of Finance, listed below are all payments above $50,000.
Vendor
Geosyntec Consultants Inc
Project Professionals Corp
Public Emp Retirement System
FINANCIAL STATEMENT:
ACCOUNT NO.
Warrant total $2,090,394.47.
Check/Wire
326099
326116
11022016
Amount
214, 022.99
65,499.26
405,636.66
APPROVED BY:
Explanation
Paradise Creek Emergency Project
Plaza Blvd Widening
Service Period 1 0/ 11 /16-10/24/16
rut
APPROVED: ---,' [;�- L _ Finance
APPROVED:
ENVIRONMENTAL REVIEW:
This is not a project and, therefore, not subject to environmental review.
ORDINANCE: INTRODUCTION: l ! 1 FINAL ADOPTION:
STAFF RECOMMENDATION:
!Ratify warrants totaling $2,090,394.47
BOARD / COMMISSION RECOMMENDATION:
tf►
ATTACHMENTS:
Warrant Register #19
MIS
85 of 321
PAYEE
ACEDO, 1
ANDERSON, E
BEARD, P
BECK, L
BISHOP, R
BOEGLER, C
BOYD JR, P
CARRILLO, R
COLE, L
COMMUNITY ROWING OF SAN DIEGO
CONDON, D
CORPUZ, T
DANESHFAR, Z
DESROCHERS, P
DI CERCHIO, A
DILLARD, S
DREDGE, J
EISER III, G
FABINSKI, D
FIFIELD, K
GELSKEY, K
GIBBS JR, R
GONZALES, M
HANSON, E
HARLAN, M
HAUG, S
HERNANDEZ, R
HODGES, B
HONDO, E
IBARRA, J
JAMES, R
JUNIEL, R
KIMBLE, R
LANDA, A
LIMFUECO, M
MATIF_N.ZO, M
MC CABE, T
MEDINA, R
MINER, D
MYERS, B
NOTEWARE, D
PAUU JR, P
PEASE JR, D
PETERS, S
POST, R
POZOS CREATIVE COMMUNICATIONS
RAY, S
ROARK,_
RUIZ, J
WARRANT REGISTER #19
11/8/2016
DESCRIPTION
RETIREE HEALTH
RETIREE HEALTH
RETIREE HEALTH
RETIREE HEALTH
RETIREE HEALTH
RETIREE HEALTH
RETIREE HEALTH
RETIREE HEALTH
RETIREE HEALTH
AQUATIC CENTER
RETIREE HEALTH
RETIREE HEALTH
RETIREE HEALTH
RETIREE HEALTH
RETIREE HEALTH
RETIREE HEALTH
RETIREE HEALTH
RETIREE HEALTH
RETIREE HEALTH
RETIREE HEALTH
RETIREE HEALTH
RETIREE HEALTH
RETIREE HEALTH
RETIREE HEALTH
RETIREE HEALTH
RETIREE HEALTH
RETIREE HEALTH
RETIREE HEALTH
RETIREE IREE HEALTH
H
RETIREE HEALTH
RETIREE HEALTH
RETIREE HEALTH
RETIREE HEALTH
RETIREE HEALTH
RETIREE HEALTH
RETIREE HEALTH
RETIREE HEALTH
RETIREE HEALTH
RETIREE HEALTH
RETIREE HEALTH
RETIREE HEALTH
RETIREE HEALTH
RETIREE HEALTH
RETIREE HEALTH
RETIREE HEALTH
PHOTOGRAPHY/
RETIREE HEALTH
RETIREE HEALTH
RETIREE HEALTI
BENEFITS 1 NOV 2016
BENEFITS 1 NOV 2016
BENEFITS I NOV 2016
BENEFITS / NOV 2016
BENEFITS J NOV 2016
BENEFITS I NOV 2016
BENEFITS / NOV 2016
BENEFITS / NOV 2016
BENEFITS J NOV 2016
OPERATIONS / CSD
BENEFITS / NOV 2016
BENEFITS / NOV 2016
BENEFITS / NOV 2016
BENEFITS 1 NOV 2016
BENEFITS 1 NOV 2016
BENEFITS 1 NOV 2016
BENEFITS 1 NOV 2016
BENEFITS 1 NOV 2016
BENEFITS 1 NOV 2016
BENEFITS / NOV 2016
BENEFITS / NOV 2016
BENEFITS / NOV 2016
BENEFITS 1 NOV 2016
BENEFITS / NOV 2016
BENEFITS / NOV 2016
BENEFITS 1 NOV 2016
BENEFITS / NOV 2016
BENEFITS / NOV 2016
BENEFITS 1 NOV 2016
BENEFITS / NOV 2016
BENEFITS 1 NOV 2016
BENEFITS / NOV 2016
BENEFITS 1 NOV 2016
BENEFITS 1 NOV 2016
BENEFITS 1 NOV 2016
BENEFITS / NOV 2016
BENEFITS / NOV 2016
BENEFITS / NOV 2016
BENEFITS / NOV 2016
BENEFITS / NOV 2016
BENEFITS 1 NOV 2016
BENEFITS / NOV 2016
BENEFITS / NOV 2016
BENEFITS / NOV 20166
BENEFITS / NOV 2016
STATE OF THE CITY ADDRESS
BENEFITS / NOV 2016
BENEFITS / NOV 2016
DV 2016
86 of 321
113
CHK NO DATE AMOUNT
326017 1113116 160.00
326018 11/3/16 110.00
326019 11/3/16 70.00
326020 11/3/16 140.00
326021 11/3/16 110.09
326022 11/3/16 260.00
326023 11/3116 145.00
326024 11/3/16 290.00
326025 11/3/16 165.00
326026 11/3/16 9,993.00
326027 11/3/16 280.00
326028 11/3/16 140.00
326029 11/3116 250.00
326030 11/3/16 110.00
326031 11/3/16 70.00
326032 11/3/16 480.00
326033 11/3/16 250.09
326034 11/3/16 250.00
326035 11/3/16 220.00
326036 11/3/16 540.00
326037 11/3/16 115.00
326038 11/3/16 120.00
326039 11/3/16 480.00
326040 11/3/16 135.00
326041 11/3/16 500.00
326042 11/3/16 120.00
326043 11/3/16 400.00
326044 11/3/16 200.00
326045 11/3/16 110.00
326046 11/3/16 780.00
326047 11/3/16 140.00
326048 11/3/16 50.00
326049 11/3/16 300.00
326050 11/3/16 155.00
326051 11/3/16 160.00
326052 11/3/16 100.00
326053 11/3/16 280.00
326054 11/3116 105.00
326055 11/3/16 580.00
326056 11/3/16 140.00
326057 11/3116 120.00
326058 11/3116 340.00
326059 1113/16 140.00
326060 1113116 290.00
326061 11/3/16 280.0D
326062 11/3/16 200.00
326063 11/3/16 190.00
326064 11/3/16 135.00
326065 11/3/16 310.00
PAYEE
SERVATIUS, J
SHORT, C
SMITH, J
STRASEN, W
T]PTON, B
VERRY, L
VILLAGOMEZ, J
WHITE, J
ZENGOTA, R
ADAMSON POLICE PRODUCTS
AIR POLLUTION CONTROL DISTRICT
ALDEMCO
ALL FRESH PRODUCTS
AT&T
ATKINS NORTH AMERICA INC
BARAHURA, D
BAVENCOFF JR, D
BROWNELLS, INC
CEB
CITY OF SAN DIEGO
COMMERCIAL AQUATIC SERVICE INC
CORDERO, E
CORNERSTONE CHURCH OF SD
COUNTY OF SAN DIEGO
COURTESY REFRIGERATION INC
COX COMMUNICATIONS
DAY WIRELESS SYSTEMS
DELL MARKETING L P
DIAMOND ENVIRONMENTAL SVCS
D-MAX ENGINEERING
ENTERPRISE FLEET MANAGEMENT
ESPIRITU, D
FEDEX
GEOSYNTEC CONSULTANTS INC
GRAINGER
GRANICUS INC
GUTIERREZ JR, C
LASER SAVER INC
LASER SAVER INC
LEACH, D
LOPEZ, T
MATTHEW BENDER & CO INC
NAGLE, D
NCPOA
MATTHEWS, N
PACIFIC TELEMANAGEMENT SERVICE
POSITIVE PROMOTIONS INC
PRO BUILD
PRO -EDGE KNIFE
WARRANT REGISTER #19
11/8/2016
DESCRIPTION
RETIREE HEALTH
RETIREE HEALTH
RETIREE HEALTH
RETIREE HEALTH
RETIREE HEALTH
RETIREE HEALTH
RETIREE HEALTH
RETIREE HEALTH
RETIREE HEALTH
BENEFITS 1 NOV 2016
BENEFITS / NOV 2016
BENEFITS / NOV 2016
BENEFITS / NOV 2016
BENEFITS / NOV 2016
BENEFITS / NOV 2016
BENEFITS 1 NOV 2016
BENEFITS / NOV 2016
BENEFITS 1 NOV 2016
LIGHTING FOR WATER TENDER - FIRE
ACPD RENEWAL FEES
FOOD / NUTRITION CENTER
FOOD 1 NUTRITION CENTER
PHONE SERVICE 1 OCTOBER 2016
N.C. ALLEY DESIGN PROJECT
SUBSISTENCE: DISPATCHER SUPERVISORY 1 PO
SUBSISTENCE POST MANAGEMENT COURSE / PD
CALIBER BORE SNAKE -COTTON APPLICATORS
LEGAL PUBLICATION UPDATE
MUNICIPAL SEWER TRANSP. PROJECT
CERTIFIED POOL OPERATOR COURSE
SUBSISTENCE: 24-HR PERISHABLE SKILLS
VIDEO PRODUCTION 1 STATE OF THE CITY
RCS OCTOBER 2016
HEATCRAFT MODEL MOH025L62CF / PW
COX SERVICES 1 OCTOBER 2016
MONTHLY RECURRING BILLING 1 POLICE
DELL KMM CONSOLES 1 MIS
EVENT PREMIER RESTROOivi i CSD
STORM WATER SERVICES 2016-2017
FLEET VEHICLE LEASE / ENG
IACP REIMB/ PD 1 ESPIRITU
SHIPPING SERVICES
PARADISE CREEK EMERGENCY PROJECT
MOP 65179, BATTERIES 1 FIRE
GRANICUS MONTHLY MANAGED SERVICE
SUBSISTENCE -BACKGROUND INVESTIGATOR'S
MOP #45725 - PRINTER TONER CARTRIDGE
MOP 45725. CARTRIDGES 1 FIRE
SUBSISTENCE: 24 HR PERISHABLE SKILLS 1 PD
TRANSLATION SERVICES - 11/01/16 COUNCIL
LEGAL PUBLICATION UPDATE
ADV SUB 24CPT DAN NAGLE/RD
REIMBURSEMENT 1PD POLICE OFFICERS ASSOC
NARCOTIC INV. REIMB/ PD N. MATTHEWS
PHONE SERVICE 1 NOVEMBER 2016
REF MYLAR TREAT BAG OR TRICK 1 PD
MOP 45707. TOOLS 1 FIRE
KNIFE SHARPEN NUTRITION
2/3
CHK NO DATE AMOUNT
326085 1113/10 340.00
326067 11/3/16 300.00
326068 11/3/16 320.00
326069 11/3/16 135.00
326070 11/3/16 250.00
326071 11/3/16 280.00
326072 11/3/16 480.00
326073 1113116 230.00
326074 1113/16 300.00
326075 11/8/16 2,279.80
326076 11/8/16 618.00
326077 11/8/16 3,411.77
326078 11/8/16 907.73
326079 1118116 38.26
326080 1118116 8,807.50
326081 1118116 1,570.70
326082 1118/16 563.45
326083 11/8/16 564.22
326084 1118/16 382.13
326085 11/8/16 984.03
326086 11/8/16 395.00
326087 1118116 495.45
326088 11/8/16 3,000.00
326089 11/8/16 7,810.00
326090 11/8/16 2,953.53
326091 11/8/16 259.81
326092 11/8/16 7,340,69
326093 11/8/16 5,014.60
326094 11/8/16 106.35
326095 1118/16 31,584.00
326096 11/8/16 14,516.51
326097 11/8/16 60.00
326098 11/8/16 30.69
326099 11/8/16 214,022.99
326100 11/8/16 138.81
326101 11/8/16 1,177.35
326102 11/8/16 640.00
326103 11 /81166 364.94
326104 11/8/16 174.29
326105 1118/16 495.45
326106 11/8/16 280.00
326107 1118116 81.84
326108 11/8/16 67.17
326109 11/8/16 966.10
326110 1118116 491.14
326111 11/8/16 78.00
326112 11/8/16 795.20
326113 11/8/16 166.52
326114 11/8/16 46.00
87 of 321
PAYEE
PROFORCE LAW ENFORCEMENT
PROJECT PROFESSIONALS CORP
RELIANCE STANDARD
RIVERSIDE COUNTY SHERIFF DEPT
RIVERSIDE COUNTY SHERIFF DEPT
SAN DIEGO MIRAMAR COLLEGE
SASI
SEAPORT MEAT COMPANY
SHEPHARD, S
SMART & FINAL
SPARKLETTS
STAPLES BUSINESS ADVANTAGE
SYSCO SAN DIEGO INC
TELLEZ, J
THE EPOCH TIMES
U S BANK
UNITED PARCEL SERVICE
US BANK
VERGARA, A
VERIZON WIRELESS
VISION INTERNET PROVIDERS
WILLY'S ELECTRONIC SUPPLY
YBARRA, A
WIRED PAYMENTS
PUBLIC EMP RETIREMENT SYSTEM
PAYROLL
Pay period Start Date
23 10/25/2016
WARRANT REGISTER #19
11/812016
DESCRIPTION
22013104F TSR X2X26P DATA PORT DOWNLOAD
PLAZA BLVD WIDENING
VOLUNTARY LIFE INS - NOV 2016
TUITION INFORMANT COURSEIMATTHEWS PD
TUITION 24 CPT PECK/PD
TUITION POST SUPERVISORY 1 R. GONZALES
FLEXIBLE SPENDING NOV/DEC 2016/JAN 2017
MEAT 1 NUTRITION CENTER
SHERMAN BLOCK TRAINING REIMBISHEPHARD PD
MOP 45756. WATER 1 FIRE
WATER / NUTRITION
MOP 45704. OFFICE SUPPLIES 1 FIRE
FOOD 1 NUTRITION CENTER
IACP REIMBITELLEZ PD
NOTICE OF CANDIDATES - CHINESE
CREDIT CARD EXPENSES 1 FIRE
UPS CHARGES/PD
CREDIT CARD EXPENSEIPD TRAINING
CPPATRAINING REIMBURSEMENT I NSD
VERIZON OCTOBER 2016
DESIGN THEME - PD
MOP VENDOR 00351 ELECTRONICS
TRAINING HONOR GUARD SCHOOL REIMB/ YBARRA
SERVICE PERIOD 10111116- 10/24/16
End Date Check Date
11/712016 11123/2016
GRAND TOTAL
313
CHK NO DATE AMOUNT
326115 11/8/16 1,126.05
326116 1118116 65,499.26
326117 11/8/16 1,558.38
326118 11/8/16 189.00
326119 11/8/16 160.00
326121 1118/16 69.00
326122 11/8/16 270.00
326123 11/8/16 520.17
326124 11/8/16 57.43
326125 11/8/16 151.88
326126 11/8116 38.10
326127 11/8116 575.03
326128 11/8/16 3,911.54
326129 11/8116 60.00
326130 11/8116 120.00
326131 11/8/16 8,941.37
326132 1118/16 44.82
326133 1118/16 5,248.87
326134 11/8/16 375.00
326135 11/8/16 14, 646.48
326136 11/8/16 2,500.00
326137 11/8/16 394.78
326138 11/8/16 87.85
AIP Total 444,168.03
11022016 11/2/16 405,636.66
1,240,589.78
$2,090,394.47
88 of 321
Certification
IN ACCORDANCE WITH SECTION 37202, 37208, 3 )2039 OF THE GOVERNMENT CODE, WE
HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE
AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE
MS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW.
MARK ROBER'TS; FINANCB LESLIE DEESE, CITY MANAGER
FINANCE COMMITTEE
RONALD J. MORRISON, MAYOR -CHAIRMAN
ALBERT MENDIVIL, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER
MONA RIOS, MEMBER JERRY CANO, MEMBER
I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND
THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS I'N PAYMENT THEREOF
BY THE CITY COUNCIL ON THE 17th OF JANUARY, 2017.
AYES
NAYS
ABSENT
89 of 321
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1/17/2017 — Page 90
The following page(s) contain the backup material for Agenda Item: Warrant Register
#20 for the period of 11/09/16 through 11/15/16 in the amount of $394,824.28. (Finance)
90 of 321
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: January 17, 2017
AGENDA ITEM NO.
ITEM TITLE:
Warrant Register #20 for the period of 11/09/16 through 11/15/16 in the amount of $394,824.28.
(Finance)
PREPARED BY: jK. Apalategui; DEPARTMENT:
PHONE: 019-336-4572
EXPLANATION:
Per Government Section Code 37208, attached are the warrants issued for the period of 11/09/16
through 11/15/16.
Consistent with Department of Finance, listed below are all payments above $50,000.
APPROVED BY:
Vendor
Innovative Construction
Zoll Medical Corp
ChecklWire Amount Explanation
326180 50,697.50 Paradise Creek Rest. Project
326222 89,463.40 Monitors and Accessories I Fire
FINANCIAL STATEMENT: APPROVED:
ACCOUNT NO. APPROVED:
Warrant total $394,824.28.
ENVIRONMENTAL REVIEW:
This is not a project and, therefore, not subject to environmental review.
ORDINANCE: INTRODUCTION: ri I FINAL ADOPTION: L
STAFF RECOMMENDATION:
Ratify warrants totaling $394,824.28.I
BOARD l COMMISSION RECOMMENDATION:
1N/Ai
ATTACHMENTS:
;Warrant Register #20
Finance
MIS
91 of 321
1/2
PAYEE
BRI AN COX MECHANICAL INC
HANSEN, D
RODRIGUEZ, M
UNITED PARCEL SERVICE
ACE UNIFORMS & ACCESSORIES INC
ACME SAFETY & SUPPLY CORP
AETNA RESOURCES FOR LIVING
ALDEMCO
ALTA LANGUAGE SERVICES INC
ATKINS NORTH AMERICA INC
BAVENCOFF JR, D
CALIXTO, R
CARDOZA, M
CHEN RYAN ASSOCIATES INC
CITY OF IMPERIAL BEACH
CITY OF NATIONAL CITY
CLEAN HARBORS
CLF WAREHOUSE
COUNTY OF SAN DIEGO
CULLIGAN
CYNTHIATITGEN CONSULTING INC
DALEY & HEFT LLP
DALEY & HEFT LLP
DALEY & HEFT LLP
DALEY & HEFT LLP
DALEY & HEFT LLP
DALEY & HEFT LLP
DALEY & HEFT LLP
DALEY & HEFT LLP
D-MAX ENGINEERING
DOOLEY ENTERPRISES
DURON, C
E2 MANAGE TECH 1NC
ERGOGENESIS LLC
EXPRESS PIPE AND SUPPLY CO INC
FIT TO WORK INC
GEOSYNTEC CONSULTANTS INC
GOLDEN WEST COLLEGE
GONZALES, R
HERNANDEZ, A
INNOVATIVE CONSTRUCTION
INSTITUTE OF TRANSPORTATION
INTERNATIONAL CODE COUNCIL
IRON MOUNTAIN
KONICA MINOLTA
LUTH AND TURLEY INC.
MAi NTEX INC
MCDOUGAL LOVE ECKIS
METRO WASTEWATER JPA
AR‘oRAT
WARRANT REGISTER #20
11/15/2016
DESCRIPTION
MAINTENANCE AND INSPECTION SVCS
PD REIMBURSEMENT FOR DISPATCH SUPPLIES
TRAINING REIMB FOR FBINAA/CHIEF RODRIGUEZ
IJPS SHIPMENT! FINANCE
RSA CLASS A HAT WHITE ROUND TOP / FIRE
SIGNS FOR TRUCKS / FiRE
EMPLOYEE ASSISTANCE PROGRAM / NOV
FOOD / NUTRITION CENTER
EMPLOYEE BILINGUAL TESTING
ALLEY DESIGN SERVICES
SUBSISTENCE: POST MANAGEMENT COURSE
REIMB: FIREARMS ARMORER SCHOOL
REIMB: FIELD TRAINING OFFICER
DIVISION STREET PROJECT
WQIP SD BAY CONTRIBUTION PROJECT
PROPERTY TAXIMOC LMD1/PLANNING
HOUSEHOLD HAZARDOUS WASTE
SEAT FOR WATER TENDER I FIRE
MAIL PROCESSING SERVICES
WATERSOFTNER FOR DISHWASHER / NUTRITION
RISK PROFESSIONAL SERVICES I OCTOBER 2016
LIABILITY CLAIM COSTS
LIABILITY CLAIM COSTS
LIABILITY CLAIM COSTS
LIABILITY CLAIM COSTS
LIABILITY CLAIM COSTS
LIABILITY CLAIM COSTS
LIABILITY CLAIM COSTS
LIABILITY CLAIM COSTS
PRO, 84 A AVE. PROJECT
FULL META/FRANGIBLE PD
EDUCATION REIMBURSEMENT
2020 HOOVER UST PROJECT
REPLACEMENT CHAIR -OFFICE SUPPLY
CITY WIDE PLUMBING PARTS & MATERIALS / PW
COMPREHENSIVE ERGONOMIC EVALUATION & REP
PARADISE CREEK PROJECT
TUITION SWAT KALANKIEWICZ & DURAN
REIMB: POST SUPERVISORY COURSE
TRAINING REIM COPSWESTIHERNANOEZ PD
PARADISE CREEK REST. PROJECT
ITE 2017 MEMBERSHIP STEVE M. 1 ENG
DIVIDER TABS FOR CODE BOOKS
RECORDS MANAGEMENT & DOCUMENT STORAGE
COPIER EQUIPMENT LEASE
LIABILITY CLAIM COSTS
CITY WIDE JANITORIAL SUPPLIES 1 PW
LIABILITY CLAIM COSTS
METRO JPA 201
92 of 321
CHK NO DATE AMOUNT
326140 11/15/16 372.00
326141 11/15/16 81.97
326142 11/15/16 638.16
326143 11/15/16 4.53
326144 11/15/16 261.57
326145 11/15/16 274,68
326146 11/15/16 812.66
326147 11/15/16 1,961.16
326148 11/15/16 60.00
326149 11/15/16 20,266.80
326150 11/15/16 562.50
326151 11/15/16 230.08
326152 11/15/16 137.20
326153 11/15/16 13, 000.00
326154 11/15/16 17, 515.00
326155 11/15/16 1,173.69
326156 11/15/16 1,289.79
326157 11/15/16 497.77
326158 11/15/16 2,313.15
326159 11/15/16 219.50
326160 11/15/16 2,625.00
326161 11/15/16 12,403.74
326162 11/15/16 5,324.00
326163 11/15/16 4,470.49
326164 11/15/16 3,009.47
326165 11/15/16 2,081.67
326166 11/15/16 875.00
326167 11/15/16 857.50
326168 11/15/16 192,50
326169 11/15/16 18, 008.75
326170 11/15/16 8,802.81
326171 11/15/16 500.00
326172 11/15/16 6,953.75
326173 11/15/16 680,77
326174 11/15/16 283.33
326175 11/15/16 465.00
326176 11/15/16 2,177.42
326177 11/15/16 160.00
326178 11/15/16 80.00
326179 11/15/16 266.14
326180 11/15/16 50,697.50
326181 11/15/16 299.28
326182 11/15/16 94.83
326183 11/15/16 167.21
326184 11/15/16 12,684.38
326186 11/15/16 7,659.02
326187 11/15/16 942.06
326188 11/15/16 55.50
326189 11/15/16 8,961,00
PAYEE
MUNICIPAL CODE CORPORATION
OFFICE SOLUTIONS BUSINESS
OPPER & VARCO LLP
PERRY FORD
PHILLIPS
PRO BUILD
PRUDENTIAL OVERALL SUPPLY
RANDALL LAMB ASSOCIATES INC
RELY ENVIRONMENTAL
SAN DIEGO MIRAMAR COLLEGE
SAN DIEGO PR
SAN DIEGO UNION TRIBUNE
SANCHEZ,E
SDG&E
SEAPORT MEAT COMPANY
SEGAL, M
SHERWIN WILLIAMS
SHRED IT USA
SMART & FINAL
SOUTH BAY MOTORSPORTS
STAPLES BUSINESS ADVANTAGE
SUPERIOR READY MIX
SWEETWATER AUTHORITY
SYSCO SAN DIEGO INC
THE CENTRE FOR ORGANIZATION
U S BANK
U S BANK
U S HEALTHWORKS
UNITED ROTARY BRUSH CORP
WALMART
WAXIE SANITARY SUPPLY
WILSON, R
ZOLL MEDICAL CORP
WIRED PAYMENTS
ARCO BUSINESS SOLUTIONS
EDD
PAYCHEX BENEFIT TECHNOLOGIES
WARRANT REGISTER #20
11/15/2016
DESCRIPTION
MUNICIPAL CODE SUPPLEMENT #46
CHAIR FOR OFFICE 1 FINANCE
LEGAL SERVICES/SUCCESSOR AGENCY
R & M CITY VFHICI ES FOR FY 2017
REIMB: FIELD TRAINING OFFICER UPDATE
MOP#45707. PAINT SUPPLIES 1 NSD
MOP#45742. LAUNDRY SVC 1 NSD
N.C. CORRECTIVE ACTION PROJECT
PUBLIC WORKS YARD PROJECT
TUITION DRUG INFLUENCE - SABALAIPD
NATIONAL CITY NEWSLETTER
LEGAL NOTICES ADVERTISING
EDUCATION REIMBURSEMENT
FACILITIES DIVISION GAS & ELECTRIC UTILITIES
MEAT / NUTRITION CENTER
REIMB: FIELD TRAINING OFFICER UPDATE / PD
MOP#77816. PAINT SUPPLIES / NSD
PD RECORDS MANDATORY RECORDS PURGE
MOP 4575£1PROMOTIONAL SUPPLIES/FIR
R & M CITY VEHICLES 1 PW
MOP 45704 PD OFFICE SUPPLIES / FINANCE
TACK OIL AND COLD MIX 1 PW
PARKS DIVISION WATER BILL FY 2017
FOOD 1 NUTRITION CENTER
SUPERVISORS TRAINING 1 MAXILOM
CREDIT CARD EXPENSE / CMO
CREDIT CARD EXPENSES / HR
PRE -EMPLOYMENT PHYSICALS & DOT EXAM
STREET SWEEPER REPAIRS 1 PW
STORMWATER CALENDAR WINNER GIFT CARDS
MISCELLANEOUS JANITORIAL SUPPLIES / PW
EDUCATION REIMBURSEMENT
MONITORS & ACCESSORIES I FIRE
FUEL FOR CITY FLEET OCTOBER 2016
UNEMPLOYMENT INS 07101/16-09/30/16
BENETRAC ESR SVCS BASE FEE NOV 2016
2/2
CHK NO DATE AMOUNT
326 190 1 1115/16 743.26
326191 11/15/16 3,477.53
326192 11/15/16 1,040.00
326193 11/15/16 663.13
326194 11/15/16 82.32
326195 11/15/16 113.03
326196 11/15/16 78.24
326197 11/15/16 1,200.00
326198 11/15/16 1,108.00
326199 11/15/16 9.20
326200 11/15/16 600.00
326201 11/15/16 5,905.60
326202 11/15/16 103.00
326203 11/15/16 35,681.32
326204 11/15/16 576.10
326205 11/15/16 82.32
326206 11/15/16 721.15
326207 11/15/16 92.95
326208 11/15/16 100.37
326209 11/15/16 1,004.05
326210 11/15/16 228.94
326211 11/15/16 754.92
326212 11/15/16 13.66
326213 11/15/16 2,482.65
326214 11/15/16 399.00
326215 11/15/16 2,207.41
326216 11/15/16 717.99
326217 11/15/16 1,482.00
326218 11/15/16 1,114.96
326219 11/15/16 500.00
326220 11/15/16 1,686.99
326221 11/15/16 500.00
326222 11/15116 89,463.40
AIP Total 368,383.82
516222 11/14/16 24,073.46
529879 11/14/16 1,858.00
869769 11/14/16 509.00
GRAND TOTAL $ 394,824.28
93 of 321
Certification
IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE
HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE
AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE
CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW.
I�
4
-f -0 ( MARK ROBERTS, FI eB— LESLIE DEESE, CITY MANAGER
FINANCE COMMITTEE
RONALD J. MORRISON, MAYOR -CHAIRMAN
ALBERT MENDIVIL, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER
MONA RIOS, MEMBER JERRY CANO, MEMBER
I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND
THE CITY TREASURER IS AUTI-1ORI D TO ISSUE SAID WARRANTS IN PAYMENT THEREOF
BY THE CITY COUNCIL ON THE 17h OF JANUARY, 2017.
AYES
NAYS
ABSENT
94 of 321
CC/CDC-HA Agenda
1/17/2017 — Page 95
The following page(s) contain the backup material for Agenda Item: Warrant Register
#21 for the period of 11/16/16 through 11/22/16 in the amount of $1,833,346.26.
(Finance)
95 of 321
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: January 17, 2017
AGENDA ITEM NO.
ITEM TITLE:
Warrant Register #21 for the period of 11/16/16 through 11/22/16 in the amount of $1,833,346.26.
(Finance)
PREPARED BY: K. Apalategui.
PHONE. 619-336-4572
EXPLANATION:
Per Government Section Code 37208, attached are the warrants issued for the period of 11/16/16
through 11122/16.
Consistent with Department of Finance, listed below are all payments above $50,000.
DEPARTMENT: nce
APPROVED BY:
Vendor CheckiWire Amount Explanation
City of San Diego 326250 58,084.00 Dispatch Services / Fire
STC Traffic 326291 125,749.63 Kimball Park Project
Public Emp Retirement System 11182016 402,093.71 Service Period 10/25/16-11/07/16
FINANCIAL STATEMENT:
ACCOUNT NO.
Warrant total $1,833,346.26.
APPROVED: 4 - . t'' ' Finance
APPROVED: MIS
ENVIRONMENTAL REVIEW:
This is not a project and, therefore, not subject to environmental review.
ORDINANCE: INTRODUCTION:
FINAL ADOPTION: I
STAFF RECOMMENDATION:
,Ratify warrants totaiina $1,833,346.26.;
BOARD 1 COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
Warrant Register #21
96 of 321
PAYEE
AIR POLLUTION CONTROL DISTRICT
A REASON TO SURVIVE
ABLE PATROL & GUARD
AMAZON
BAKER & TAYLOR
BRODART CO
CENGAGE LEARNING INC
CENGAGE LEARNING INC
MIDWEST TAPE
NEW READERS PRESS
STAPLES BUSINESS ADVANTAGE
U S POSTMASTER
ACADEMI TRAINING CENTER LLC
ADAMSON POLICE PRODUCTS
ADVANCED EXERCISE EQUIPMENT
AF LAC
AIR POLLUTION CONTROL DISTRICT
AT&T
AT&T MOBILITY
AT&T MOBILITY
BAVENCOFF JR, D
BROADWAY AUTO ELECTRIC
BSE ENGINEERING, INC.
CDWG
CHILDREN'S HOSPITAL
CIRCULATE SAN DIEGO
CITY OF NATIONAL CITY
CITY OF SAN DIEGO
COAST INDUSTRIAL SYSTEMS INC
COPWAREINC
COUNTY OF SAN DIEGO
COUNTY OF SAN DIEGO
COUNTY OF SAN DIEGO
COX COMMUNICATIONS
DATEL SYSTEMS INCORPORATED
EXPERIAN
FASTSIGNS
FEDEX
GOVCONNECTION INC
GREEN PRO SOLUTIONS
GROSSMAN PSYCHOLOGICAL
HERNANDEZ, R
HONEYWELL INTERNATIONAL INC
INDEPENDENT FORENSIC SERVICES
KANE BALLMER & BERKMAN
KASEYA
KIMLEY HORN AND ASSOC INC
KNORR SYSTEMS INC
KTU&A
WARRANT REGISTER #21
11/22/2016
DESCRIPTION
CIVIL PENALTY - NOTICE OF VIOLATION / PW
BIKE RACK PROJECT
SECURITY GUARD SERVICES / LIBRARY
BOOKS - LIBRARY
BOOKS - LIBRARY
BOOKS - LIBRARY
LARGE PRINT BOOKS - LIBRARY
BOOKS - LIBRARY
DVD'S - LIBRARY
MATERIAL FOR TUTORS & LEARNERS / LIBRARY
MOP #45704 - SUPPLIES / LIBRARY
POSTAGE FOR OVERDUE NOTICES 1 LIBRARY
FLAT RANGE RENTAL/PD
POLICE PRODUCTS FOR OFFICER/PD
CLSC-COMXX LIF-P CLSC UPRIGHT BIKE 1 PD
ACCT BDM36 IDECEMBER 2016
NOTICE OF VIOLATION
AT&T OCTOBER 2016
AT&T WIRELESS OCTOBER 2016
AT&T OCTOBER 2016
POST MANG. COURSE REIMBIBAVENCOFF PD
12 VLT 270 ALTERNATOR
POLICE STATION PROJECT
TREND MICRO ANTIVIRUS
SAFE ROUTES 2S PROJECT
ACTIVE TRANSPORTATION PROJECT
PETTY CASH REPLENISHMENT SEPT 2016
DISPATCH SERVICES 1 FIRE
KIT REPAIR PUMP / PW
INVESTIGATION LIC. COPWARE/PD
RENEWAL NOTICE FOR MUNICIPAL POOL 1 PW
COPIES OF RECORDED DOCUMENTS / HOUSING
SHARE OF PC REVENUE - OCT 2016
COX INTERNET NOVEMBER 2016
BARRACUDA ESSENTIALS EMAIL ANTISPAM
BACKGROUNDS PRE EMPLOYMENT CHECK/ PD
ALUMINUM SIGN
FED EX EXPRESS SERVICES
DISPATCH MONITORS
GRANULAR SHH W ALUMINUM HEAT GENERATOR
PRE EMPLOYMENT PSYCHOLOGICAL EVAL/PD
TRAVEL EXP: 'AFC CONF. I FIRE
INV 5237840544 & 05451 HVAC MAINTENANCE
CHILD ABUSE EXAMS/PD
PROFESSIONAL SERVICES
KASEYA ANNUAL MAINTENANCE
WAYFINDING PROJECT
AQUATICS FACILITIES OPERATOR TRAINING
DOWNTOWN S PROJECT
97 of 321
1/2
CHK NO DATE AMOUNT
326223 11/21116 2,000.00
326224 11121115 676.80
326225 11/22/16 3,263.60
325226 11/22/16 2,569.91
326227 11/22/16 1,973.62
326228 11/22/16 1,748.71
326229 11/22/16 138.42
326230 11/22/16 21.80
326231 11/22/16 1,987.79
326232 11/22/16 99.11
326233 11/22/16 391.95
326234 11/22/16 98.00
326235 11/22/16 2,000.00
326236 11/22/16 2,485.20
326237 11/22/16 1,469.51
326238 11/22/16 642.08
326239 11 /22116 50.00
326240 11/22/16 357.32
326241 11/22/16 2,268.90
326242 11/22/16 69.91
326243 11/22/16 197.21
326244 11/22/16 1,079.10
326245 11/22/16 976.25
326246 11/22/16 7.256.00
326247 11/22/16 26,295.16
326248 11/22/16 6,034.96
326249 11/22/16 837.66
326250 11/22/16 58,084.00
326251 11/22/16 622.44
326252 11/22/16 2,220.00
326253 11/22/16 235.00
326254 11/22/16 10.00
326255 11/22/16 10, 332.75
326256 '11122/16 3,855.32
326257 11/22/16 11,475.00
326258 11/22/15 41.76
326259 11/22/16 62.58
326260 1102116 119.56
326261 11/22/16 927.24
326262 11/22/16 389.75
326263 11/22/16 1,800.00
326264 11 /22116 189.82
326265 11/22/16 1,657.57
326266 11/22/16 4,050.00
326267 11 /22116 247.50
326268 11/22/16 3,699.50
326269 11/22/16 35,948.27
326270 11/22/16 395.00
326271 11/22/16 3,622.50
PAYEE
LANGUAGE LINE SERVICES
LOPEZ, J
LOPEZ, T
MUTHUSAMY, K
NATIONAL CITY CHAMBER
PARRON HALL OFFICE INTERIORS
PLUMBERS DEPOT INC
PRO -TECH INDUSTRIES
RODRIGUEZ, G
RODRIGUEZ, M
ROUNDS, R
SAFEWAY SIGN COMPANY
SAN DIEGO MIRAMAR COLLEGE
SAN DIEGO PET SUPPLY
SAN DIEGO SPORTS MEDICINE
SAN DIEGO UNION TRIBUNE
SEWARD, G
SPEEDPRO IMAGING
STAPLES BUSINESS ADVANTAGE
STC TRAFFIC INC
SUMMIT SUPPLY
SYMBOLARTS, LLC
THE CENTRE FOR ORGANIZATION
THE COUNSELING TEAM
TIERRA WEST ADVISORS INC
U S BANK
UNITED RENTALS
V & V MANUFACTURING
VOA. EMERGENCY ANIMAL HOSPITAL
VCA MAIN ST ANIMAL HOSPITAL
VERIZON WIRELESS
VISION SERVICE PLAN
VMWARE INC
WAXIE SANITARY SUPPLY
WEST PAYMENT CENTER
WESTERN RIM CONSTRUCTORS INC
WILLY'S ELECTRONIC SUPPLY
WIRED PAYMENTS
PUBLIC EMP RETIREMENT SYSTEM
PAYROLL
Pay period Start Date
24 11/8/2016
WARRANT REGISTER #21
11/22/2016
DESCRIPTION
LANGUAGE LINE SERVICE/ PD
MILEAGE REIMBURSEMENT OFFSITE MEETINGS
INTERPRETATION & TRANSLATION SERVICES
MILEAGE REIMBURSEMENT OFFSITE MEETINGS
NC TOURISM MARKETING - SEPT 2016
KRUG CADENCE MID BACK EXECUTIVE CHAIRS
TELESCOPING 3 PRONG GRABBER 1 PW
RUBBERIZED COATING /PW
REFUND / CITATION OVERPAYMENT
TRAINING PRACTICE OF MEDIATION REIMB/ PD
FBINA REIMB/ROUNDS PD
BOOMERANG BASE DELINEATOR 18" YELLOW /PW
TUITION FTO /SEGAL / PD
MOP 45753 K9 SUPPLY/CARE FOR PD
WELLNESS EXAMS / FIRE
PUBLIC NOTICING/PLANNING COMMISSION
2016 CATO CONF REIMB 1 PD
DECALS / PW
MOP 45704 OFFICE SUPPLIES /PD
KIMBALL PARK PROJECT
SHOOK TOOL /PW
OFFICE SUPPLIES KEY CHAIN/PD
SUPERVISORS ACADEMY 2016 / NSD
MONTHLY EMPLOYEE SUPPORT SERV/PD
PROF SERVICES AGMT/AMORTIZATION/PLNG
CREDIT CARD EXPENSE /CMO
CORE DRILL ELECTRIC / PW
POLICE BADGE REPAIR/PD
VCA EMER ANIMAL HOSPITAL/PD
VCA ANIMAL HOSPITAL /PD
VERIZON OCTOBER 2016
VISION SERVICE PLAN (CA) / NOV 2016
VMWARE SOFTWARE RENEWAL
JANITORIAL SUPPLIES / PW
WEST INFORMATION CHARGES/PD
EL TOYON AND KIMBALL PROJECT
MOP VENDOR 00351 ELECTRONICS SUPPLIES / MIS
SERVICE PERIOD 10/25/16 - 11/07/16
End Date Check Date
11/2112016 12/7/2016
GRAND TOTAL
2/2
CHK NO DATE AMOUNT
326272 11/22/16 39.75
326273 11/22/16 28.84
326274 11/22/16 140.00
326275 11/22/16 20.52
326276 11/22/16 30,861.25
326277 11/22/16 3,305.38
326278 11/22/16 655.03
326279 11/22/16 266.83
326280 11/22/16 80.00
326281 11/22/16 92.00
326282 11/22/16 191.38
326283 11/22/16 474.97
326284 11/22/16 46.00
326285 11/22/16 431.99
326286 11/22/16 11,866.65
326287 11/22/16 952.80
326288 11/22/16 149.33
326289 11/22/16 233.00
326290 11/22/16 589.24
326291 11/22/16 125, 749.63
326292 11/22/16 268.42
326293 11/22/16 1,607,50
326294 11/22/16 775.00
326295 11/22/16 1.281.25
326296 11122/16 3,435.83
326297 11/22/16 201.53
326298 11/22/16 118.80
326299 11/22/16 438.97
326300 11/22/16 2,307.85
326301 11/22/16 525.84
326302 11/22/16 876.23
326303 11/22/16 553.98
326304 11/22/16 3,957.36
326305 11/22/16 2,113.12
326306 11/22/16 482.96
326307 11/22/16 31,735.36
326308 11/22/16 75.06
AIP Total 433,904.18
11182016 11/18/16 402,093.71
99l,348.37
$1,833,346.26
98 of 321
Certification
IN ACCORDANCE WITH SECTION 37202, .37208, 372059 OF THE GOVER1'JMENT CODE, WE
HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE
AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE
CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW.
LESLIE DEESE, CITY MANAGER
FINANCE COMMITTEE
RONALD J. MORRISON, MAYOR -CHAIRMAN
ALBERT MENDIVIL, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER
MONA RIOS, MEMBER JERRY CANO, 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 17th OF JANUARY, 2017.
AYES
NAYS
ABSENT
99 of 321
CC/CDC-HA Agenda
1/17/2017 — Page 100
The following page(s) contain the backup material for Agenda Item: Public Hearing - An
Ordinance of the City Council of the City of National City adopting the 2016 California
Fire Code & the National Fire Protection Association Standards. In addition to all
Appendices related to these codes. (Fire/Building)
100 of 321
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: January 17, 2017
AGENDA ITEM NO.
ITEM TITLE:
Public Hearing - An Ordinance of the City Council of the City of National City adopting the 2016
California Fire Code & the National Fire Protection Association Standards. In addition to all
Appendices related to these codes.
PREPARED BY: 'Robert Hernandez 1 Fire Marshal
PHON: ;336-4552
EXPLANATION:
This report is intended to provide the Mayor and City Council with a brief over -view of significant
technical changes to the 2016 California Fire Code. A copy of the 2016 California Fire Code is on file at
the Fire Department.
State law requires that the City of National City adopt the same model codes as the State of California
and limit technical amendments to those necessitated due to local topographical, geographical, or
climatic conditions. Specific findings regarding 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 order to simplify construction
in National City, staff is recommending that the code be adopted with minimal revisions.
DEPARTMENT. .Fire—
,
APPROVED BY: `.
FINANCIAL STATEMENT:
ACCOUNT NO. IN1A
ENVIRONMENTAL REVIEW:
'WA
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
X
Finance
MIS
STAFF RECOMMENDATION:
Hold the Public Hearing
BOARD / COMMISSION RECOMMENDATION:
IN/Ai
ATTACHMENTS:
Explanation
101 of 321
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: January 17, 2017
AGENDA ITEM NO.
IITEM 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. In addition to all Appendices related to these
codes.
PREPARED BY: ;Robert Hernandez / Fire Marshal DEPARTMENT:
APPROVED BY:
PHONE: _336.4552
EXPLANATION:
This report is intended to provide the Mayor and City Council with a brief over -view of significant
technical changes to the 2016 California Fire Code. A copy of the 2016 California Fire Code is on fife at
the Fire Department.
State law requires that the City of National City adopt the same model codes as the State of California
and limit technical amendments to those necessitated due to local topographical, geographical, or
climatic conditions. Specific findings regarding 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 order to simplify construction
in National City, staff is recommending that the code be adopted with minimal revisions.
FINANCIAL STATEMENT: APPROVED:
ACCOUNT NO. jN/A I APPROVED:
ENVIRONMENTAL REVIEW:
!WAY
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
X
Finance
MIS
STAFF RECOMMENDATION:
Adoption
BOARD / COMMISSION RECOMMENDATION:
110
ATTACHMENTS:
Explanation
102 of 321
Staff Report on the Adoption of the 2016 California Building Standards Code
The California Health and Safety Code Section 17922 requires that each jurisdiction in the state
adopt the most recent edition of the California Building Standards Code within 180 days of
publication. If it is not adopted by a jurisdiction it has the force of law 180 days after publication.
A jurisdiction may propose amendments, addition and deletions to those codes. When adopting
the California Building Standards Code a jurisdiction may establish more restrictive standards
reasonably necessary based on climatic, geological and topographical conditions.
This year the California Building Standards Commission published the 2016 California Building
Standards Codes which are based on the 2015 International Fire Code, 2015 International
Building Code, 2015 International Residential Code, 2015 Uniform Mechanical Code, 2014
National Electrical Code and the 2015 Uniform Plumbing Code.
The Fire Department recommends adoption of the 2016 California Fire Code with the following
change to the National City Municipal Code, Chapter 15.28, Section 15.28.140 pertaining to the
City Council's Authority under Title 15.
15.28.140 Section 108, "Board of Appeals", Section 108.1, "Board of appeals established" —
Amended. In order to hear and decide appeals of orders, decisions, or determinations made by
the fire code official relative to the application and interpretation of this code, the City Council
shall appoint an ad hoc board of appeals consisting of members who are qualified by experience
and training to pass on matters pertaining to hazards of fire, explosions, hazardous conditions or
fire protection systems, and are not employees of the jurisdiction. The fire code official shall be
an ex-officio member of the board, but shall not have a vote on any matter before the board.
Board members shall serve at the pleasure of the City Council. The board shall comply with
Rosenberg's Rules of Order in conducting their business, and shall render written decisions and
findings to the appellant with a copy to the Authority Having Jurisdiction. Decisions of the board
may be appealable to the City Council by the appellant or by the Authority Having Jurisdiction
within thirty (30) days of the decision of the board, by the filing of a written notice of appeal with
the Director of Emergency Services stating the reasons for the appeal. The appellant shall be
given at least ten (10) days' notice of the time and place of the hearing on the appeal.
Upcoming actions will include a Public Hearing and Final Adoption of the Ordinances, currently
scheduled for the City Council Meeting on January 17, 2017.
103 of 321
CC/CDC-HA Agenda
1/17/2017 — Page 104
The following page(s) contain the backup material for Agenda Item: Public Hearing - An
Ordinance of the City Council of the City of National City adopting the 2016 California
Building Code, in addition to all Appendices related to these codes. In addition,
amending Chapter 15.08.075 of the National City Municipal Code p
104 of 321
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: January 17, 2017
AGENDA ITEM NO.
ITEM TITLE:
Public Hearing - An Ordinance of the City Council of the City of National City adopting the 2016 California
Building Code, in addition to all Appendices related to these codes. In addition, amending Chapter 15.08.075
of the National City Municipal Code pertaining to the City Council's Authority under Title 15.
PREPARED BY: °Luis Sainz/Building Official. DEPARTMENT:
Building
PHONE: 1336-4214
EXPLANATION:
This report is intended to provide the Mayor and City Council with a brief over -view of significant technical
changes to the 2016 California Building Code. A copy of the 2016 California Building Code is on file in the
Building Official's office.
APPROVE ' BY:
State law requires that the City of National City adopt the same model codes as the State of California and limit
technical amendments to those necessitated due to local topographical, geographical, or climatic conditions.
Specific findings regarding 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 order to simplify construction in National City, staff is recommending
that the code be adopted with minimal revisions.
FINANCIAL STATEMENT:
ACCOUNT NO. ;N/A
ENVIRONMENTAL REVIEW:
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED: Finance
APPROVED: MIS
STAFF RECOMMENDATION:
Hold the Public Hearing
BOARD I COMMISSION RECOMMENDATION:
11E
ATTACHM ENTS:
Explanation
105 of 321
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: January 17, 2017
AGENDA ITEM NO,
ITEM TITLE:
An Ordinance of the City Council ot the City ot National City adopting the 2016 California Building Code, in
addition to all Appendices related to these codes. In addition, amending Chapter 15.08.075 of the National City
Municipal Code pertaining to the City Council's Authority under Title 15.
PREPARED BY: ';Luis SainzlBuilding Official DEPARTMENT:
PHONE: 036-4214
APPROVE
YO
EXPLANATION:
This report is intended to provide the Mayor and City Council with a brief over -view of significa t t- nical
changes to the 2016 California Building Code. A copy of the 2016 California Building Code is on file in the
Building Official's office.
State law requires that the City of National City adopt the same model codes as the State of California and limit
technical amendments to those necessitated due to local topographical, geographical, or climatic conditions.
Specific findings regarding 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 order to simplify construction in National City, staff is recommending
that the code be adopted with minimal revisions.
FINANCIAL STATEMENT:
ACCOUNT NO. IfA '
ENVIRONMENTAL REVIEW:
FNfa1
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adoption
BOARD / COMMISSION RECOMMENDATION:
N/P�
ATTACHMENTS:
Explanation
106 of 321
Staff Report on the Adoption of the 2016 California Building Standards Code
The California Health and Safety Code Section 17922 requires that each jurisdiction in the state
adopt the most recent edition of the California Building Standards Code within 180 days of
publication. If it is not adopted by a jurisdiction it has the force of law 180 days after publication.
A jurisdiction may propose amendments, addition and deletions to those codes. When adopting
the California Building Standards Code a jurisdiction may establish more restrictive standards
reasonably necessary based on climatic, geological and topographical conditions.
This year the California Building Standards Commission published the 2016 California Building
Standards Codes which are based on the 2015 International Building Code, 2015 International
Residential Code, 2015 Uniform Mechanical Code, 2014 National Electrical Code and the 2015
Uniform Plumbing Code.
The Building Division recommends adoption of the 2016 California Building Codes with the
following change to the National City Municipal Code, Chapter 15.04, Section 15.08.075
pertaining to the City Council's Authority under Title 15.
15.08.075 Chapter 1, Division II, Section 113 "Board of Appeals", Subsection 113.1
"General" —Amended. Section 113.1 of the 2016 California Code is amended to read as follows:
Section 113.1 Board of Appeals. In order to hear and decide appeals of orders, decisions,
or determinations of the Building Official relative to the application and interpretation of this
code, the City Council shall appoint an ad hoc Board of Appeals comprised of three (3) members
who are qualifies by experience and training to pass upon matters pertaining to building
construction and who are not employees of the City. Board members shall serve at the pleasure
of the City Council. The board shall comply with Rosenberg's Rules of Order in conducting their
business, and shall render written decisions and findings to the appellant with a copy to the
Building Official within thirty (30) days of the decision of the Board, by the filing of a written
notice of appeal with the Director of Emergency Services stating the reasons for the appeai. The
person filing the appeal and the opposing party shall be given at least ten (10) days' written notice
of the time and place of the haring on the appeal.
Upcoming actions will include a Public Hearing and Final Adoption of the Ordinances, currently
scheduled for the City Council Meeting on January 17, 2017.
107 of 321
CC/CDC-HA Agenda
1/17/2017 — Page 108
The following page(s) contain the backup material for Agenda Item: Public Hearing - An
Ordinance of the City Council of the City of National City adopting the 2016 California
Electrical Code & the 2014 National Electrical Code. In addition to all Appendices
related to these codes. (Fire/Building)
108 of 321
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: January 17, 2017
AGENDA ITEM NO.
ITEM TITLE:
Public Hearing - An Ordinance of the City Council of the City of National City adopting the 2016
California Electrical Code & the 2014 National Electrical Code. In addition to ali Appendices related to
these codes.
PREPARED BY: Luis Sainz/Building Official; DEPARTMENT:
PHONE: 336-4214 APPROV
EXPLANATION:
This report is intended to provide the Mayor and City Council with a brief over -view of significant technical
changes to the 2016 California Electrical Code & the 2014 National Electrical Code. A copy of the 2016
California Electrical Code & the 2014 National Electrical Code is on file in the Building Official's office.
State Iaw requires that the City of National City adopt the same model codes as the State of California and limit
technical amendments to those necessitated due to local topographical, geographical, or climatic conditions.
Specific findings regarding local technical amendments must be made by the local jurisdiction and filed with the
Department of Housing and Community Development. State Iaw does not restrict local amendments to the
administrative provisions of the codes. In order to simplify construction in National City, staff is recommending
that the code be adopted with minimal revisions.
FINANCIAL STATEMENT:
ACCOUNT NO. [N/A
ENVIRONMENTAL REVIEW:
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Hold the Public Hearing
BOARD 1 COMMISSION RECOMMENDATION:
IN/A!
ATTACHMENTS:
Explanation
109 of 321
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: January 17, 2017
AGENDA ITEM NO.
ITEM TITLE:
An Ordinance of the City Council of the City of National City adopting the 2016 California Electrical
Code & the 2014 National Electrical Code. In addition to all Appendices related to these codes.
PREPARED BY: Luis SainzlBuilding Official DEPARTEN :
PHONE:
EXPLANATION:
This report is intended to provide the Mayor and City Council with a brief over -view of significant technical
changes to the 2016 California Electrical Code & the 2014 National Electrical Code. A copy of the 2016
California Electrical Code & the 2014 National Electrical Code is on file in the Building Official's office.
State law requires that the City of National City adopt the same model codes as the State of California and limit
technical amendments to those necessitated due to local topographical, geographical, or climatic conditions.
Specific findings regarding 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 order to simplify construction in National City, staff is recommending
that the code be adopted with minimal revisions.
APPROVED BY
FINANCIAL STATEMENT:
ACCOUNT NO. NA
ENVIRONMENTAL REVIEW:
INIA!
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adoption
BOARD I COMMISSION RECOMMENDATION:
!NMA!
ATTACHMENTS:
Explanation
110 of 321
Staff Report on the Adoption of the 2016 California Building Standards Code
The California Health and Safety Code Section 17922 requires that each jurisdiction in the state
adopt the most recent edition of the California Building Standards Code within 180 days of
publication. If it is not adopted by a jurisdiction it has the force of law 180 days after publication.
A jurisdiction may propose amendments, addition and deletions to those codes. When adopting
the California Building Standards Code a jurisdiction may establish more restrictive standards
reasonably necessary based on climatic, geological and topographical conditions.
This year the California Building Standards Commission published the 2016 California Building
Standards Codes which are based on the 2015 International Building Code, 2015 International
Residential Code, 2015 Uniform Mechanical Code, 2014 National Electrical Code and the 2015
Uniform Plumbing Code.
The Building Division recommends adoption of the 2016 California Building Codes with the
following change to the National City Municipal Code, Chapter 15.04, Section 15.08.075
pertaining to the City Council's Authority under Title 15.
15.08.075 Chapter 1, Division II, Section 113 "Board of Appeals", Subsection 113.1
"General" —Amended. Section 113.1 of the 2016 California Code is amended to read as follows:
Section 113.1 Board of Appeals. In order to hear and decide appeals of orders, decisions,
or determinations of the Building Official relative to the application and interpretation of this
code, the City Council shall appoint an ad hoc Board of Appeals comprised of three (3) members
who are qualifies by experience and training to pass upon matters pertaining to building
construction and who are not employees of the City. Board members shall serve at the pleasure
of the City Council. The board shall comply with Rosenberg's Rules of Order in conducting their
business, and shall render written decisions and findings to the appellant with a copy to the
Building Official within thirty (30) days of the decision of the Board, by the filing of a written
notice of appeal with the Director of Emergency Services stating the reasons for the appeal. The
person filing the appeal and the opposing party shaii be given at least ten (10) days' written notice
of the time and place of the haring on the appeal.
Upcoming actions will include a Public Hearing and Final Adoption of the Ordinances, currently
scheduled for the City Council Meeting on January 17, 2017.
111 of 321
CC/CDC-HA Agenda
1/17/2017 — Page 112
The following page(s) contain the backup material for Agenda Item: Public Hearing - An
Ordinance of the City Council of the City of National City adopting the 2016 California
Energy Code. In addition to all Appendices related to these codes. (Fire/Building)
112 of 321
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: January 17, 2017
AGENDA ITEM NO.
ITEM TITLE:
Public Hearing - An Ordinance of the City Council of the City of National City adopting the 2016
California Energy Code. In addition to all Appendices related to these codes.
PREPARED BY: Luis SainziBuilding Official
PHONE: 036-4214
EXPLANATION:
This report is intended to provide the Mayor and City Council with a brief over -view of significant technical
changes to the 2016 California Energy Code. A copy of the 2016 California Energy Code is on file in the Building
Official's office.
DEPARTMENT: Buildin
APPROVED BY.
State law requires that the City of National City adopt the same model codes as the State of California and limit
technical amendments to those necessitated due to local topographical, geographical, or climatic conditions.
Specific findings regarding 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 order to simplify construction in National City, staff is recommending
that the code be adopted with minimal revisions.
FINANCIAL STATEMENT:
ACCOUNT NO.IN!A
ENVIRONMENTAL REVIEW:
NIA;
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Hold the Public Hearing
BOARD / COMMISSION RECOMMENDATION:
NIA
ATTACHMENTS:
Explanation
113 of 321
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: January 17, 2017
AGENDA ITEM NO.
ITEM TITLE:
An Ordinance of the City Council of the City of National City adopting the 2016 California Energy
Code. In addition to all Appendices related to these codes.
PREPARED BY: Luis Sainz/Building Official,
DEPARTMENT:
PHONE: ;336-4214 APPROVED BY:
adding
EXPLANATION:
This report is intended to provide the Mayor and City Council with a brief over -view of significant technical
changes to the 2016 California Energy Code. A copy of the 2016 California Energy Code is on file in the Building
Official's office.
State law requires that the City of National City adopt the same model codes as the State of California and limit
technical amendments to those necessitated due to local topographical, geographical, or climatic conditions.
Specific findings regarding 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 order to simplify construction in National City, staff is recommending
that the code be adopted with minimal revisions.
FINANCIAL STATEMENT:
ACCOUNT NO. NA
ENVIRONMENTAL REVIEW:
IN/q
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adoption
BOARD / COMMISSION RECOMMENDATION:
NIt
ATTACHMENTS:
Explanation
114 of 321
Staff Report on the Adoption of the Z016 California Building Standards Code
The California Health and Safety Code Section 17922 requires that each jurisdiction in the state
adopt the most recent edition of the California Building Standards Code within 180 days of
publication. If it is not adopted by a jurisdiction it has the force of law 180 days after publication.
A jurisdiction may propose amendments, addition and deletions to those codes. When adopting
the California Building Standards Code a jurisdiction may establish more restrictive standards
reasonably necessary based on climatic, geological and topographical conditions.
This year the California Building Standards Commission published the 2016 California Building
Standards Codes which are based on the 2015 international Building Code, 2015 International
Residential Code, 2015 Uniform Mechanical Code, 2014 National Electrical Code and the 2015
Uniform Plumbing Code.
The Building Division recomrnends adoption of the 2016 California Building Codes with the
following change to the National City Municipal Code, Chapter 15.04, Section 15.08.075
pertaining to the City Council's Authority under Title 15.
15.08.075 Chapter 1, Division II, Section 113 "Board of Appeals", Subsection 113.1
"General" —Amended. Section 113.1 of the 2016 California Code is amended to read as follows:
Section 113.1 Board of Appeals. In order to hear and decide appeals of orders, decisions,
or determinations of the Building Official relative to the application and interpretation of this
code, the City Council shall appoint an ad hoc Board of Appeals comprised of three (3) members
who are qualifies by experience and training to pass upon matters pertaining to building
construction and who are not employees of the City. Board members shall serve at the pleasure
of the City Council. The board shall comply with Rosenberg's Rules of Order in conducting their
business, and shall render written decisions and findings to the appellant with a copy to the
Building Official within thirty (30) days of the decision of the Board, by the filing of a written
notice of appeal with the Director of Emergency Services stating the reasons for the appeal. The
person filing the appeal and the opposing party shall be given at least ten (10) days' written notice
of the time and place of the haring on the appeal.
Upcoming actions will include a Public Hearing and Final Adoption of the Ordinances, currently
scheduled for the City Council Meeting on January 17, 2017.
115 of 321
CC/CDC-HA Agenda
1/17/2017 — Page 116
The following page(s) contain the backup material for Agenda Item: Public Hearing —
Adopting Appendix J of the 2016 California Building Code, and amending Chapter 15.70
(Grading) of the National City Municipal Code. (Engineering/Public Works)
116 of 321
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: January 17, 2017 L.
AGENDA ITEM NO. [
ITEM TITLE:
Public Hearing -- Adopting Appendix J of the 2016 California Building Code, and amending Chapter
15.70 (Grading) of the National City Municipal Code.
PREPARED BY: Jose Lopez, Junior Engineer — Civil
DEPARTMENIi Engineering/Public Works
PHONE: !336-4312i APPROVED BY:
2
EXPLANATION:
State law requires that the City of National City adopt the same model codes as the State of California and limit
technical amendments to those necessitated due to local topographical, geographical, or climatic conditions.
Specific findings regarding 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 order to simplify construction in National City, staff is recommending
that the code be adopted with minimal revisions.
Staff conducted a review of Appendix J of the 2016 California Building Standards Code and Chapter 15.70,
Grading of the National City Municipal Code and no significant changes were identified. The changes include
updating all references to the 2013 California Building Code to reference the 2016 California Building Code.
FINANCIAL STATEMENT:
ACCOUNT NO. [N/A
ENVIRONMENTAL REVIEW:
INA1
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
lx1
STAFF RECOMMENDATION:
Hold the Public Hearing.
BOARD 1 COMMISSION RECOMMENDATION:
Finance
MIS
ATTACHMENTS:
None
117 of 321
CC/CDC-HA Agenda
1/17/2017 — Page 118
The following page(s) contain the backup material for Agenda Item: Public Hearing - An
Ordinance of the City Council of the City of National City adopting the 2016 California
Green Code. In addition to all Appendices related to these codes. (Fire/Building)
118 of 321
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: January 17, 2017
ITEM TITLE:
Public Hearing - An Ordinance of the City Council of the City of National City adopting the 2016
California Green Code. in addition to all Appendices related to these codes.
AGENDA ITEM NO.
PREPARED BY: ;Luis Sainz/Building Official DEPARTMENT: Buildi
PHONE: 336_4214 APPRO
EXPLANATION:
This report is intended to provide the Mayor and City Council with a brief over -view of significant technical
changes to the 2016 California Green Code. A copy of the 2016 California Green Code is on file in the Building
Official's office.
State law requires that the City of National City adopt the same model codes as the State of California and limit
technical amendments to those necessitated due to local topographical, geographical, or climatic conditions.
Specific findings regarding 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 order to simplify construction in National City, staff is recommending
that the code be adopted with minimal revisions.
FINANCIAL STATEMENT:
ACCOUNT NO. ;N/A
ENVIRONMENTAL REVIEW:
IN/Al
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Hold the Public Hearing
BOARD / COMMISSION RECOMMENDATION:
IN�q`
ATTACHMENTS:
Explanation
119 of 321
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATA January 17, 2017
AGENDA ITEM NO.
ITEM TITLE:
An Ordinance of the City Council of the City of National City adopting the 2016 California Green Code.
in addition to ail Appendices related to these codes.
PREPARED BY: Luis Sainz/Building Officia
DEPARTMENT:
PHONE: 336-4214 APPROVED %
EXPLANATION:
This report is intended to provide the Mayor and City Council with a brief over -view of significant technical
changes to the 2016 California Green Code. A copy of the 2016 California Green Code is on file in the Building
Official's office.
State Iaw requires that the City of National City adopt the same model codes as the State of California and limit
technical amendments to those necessitated due to local topographical, geographical, or climatic conditions.
Specific findings regarding local technical amendments must be made by the local jurisdiction and filed with the
Department of Housing and Community Development. State Iaw does not restrict local amendments to the
administrative provisions of the codes. In order to simplify construction in National City, staff is recommending
that the code be adopted with minimal revisions.
FINANCIAL STATEMENT:
ACCOUNT NO. FNMA
ENVIRONMENTAL REVIEW:
INrq
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adoption
BOARD / COMMISSION RECOMMENDATION:
[NfA
ATTACHMENTS:
Explanation
120 of 321
Staff Report on the Adoption of the 2016 California Building Standards Code
The California Health and Safety Code Section 17922 requires that each jurisdiction in the state
adopt the most recent edition of the California Building Standards Code within 180 days of
publication. 1f it is not adopted by a jurisdiction it has the force of law 180 days after publication.
A jurisdiction may propose amendments, addition and deletions to those codes. When adopting
the California Building Standards Code a jurisdiction may establish more restrictive standards
reasonably necessary based on climatic, geological and topographical conditions.
This year the California Building Standards Commission published the 2016 California Building
Standards Codes which are based on the 2015 International Building Code, 2015 International
Residential Code, 2015 Uniform Mechanical Code, 2014 National Electrical Code and the 2015
Uniform Plumbing Code.
The Building Division recommends adoption of the 2016 California Building Codes with the
following change to the National City Municipal Code, Chapter 15.04, Section 15.08.075
pertaining to the City Council's Authority under Title 15.
15.08.075 Chapter 1, Division II, Section 113 "Board of Appeals", Subsection 113.1
"General" — Amended. Section 113.1 of the 2016 California Code is amended to read as follows:
Section 113.1 Board of Appeals. In order to hear and decide appeals of orders, decisions,
or determinations of the Building Official relative to the application and interpretation of this
code, the City Council shall appoint an ad hoc Board of Appeals comprised of three (3) members
who are qualifies by experience and training to pass upon matters pertaining to building
construction and who are not employees of the City. Board members shall serve at the pleasure
of the City Council. The board shall comply with Rosenberg's Rules of Order in conducting their
business, and shall render written decisions and findings to the appellant with a copy to the
Building Official within thirty (30) days of the decision of the Board, by the filing of a written
notice of appeal with the Director of Emergency Services stating the reasons for the appeal. The
person filing the appeal and the opposing party shall be given at least ten (10) days' written notice
of the time and place of the haring on the appeal.
Upcoming actions will include a Public Hearing and Final Adoption of the Ordinances, currently
scheduled for the City Council Meeting on January 17, 2017_
121 of 321
CC/CDC-HA Agenda
1/17/2017 — Page 122
The following page(s) contain the backup material for Agenda Item: Public Hearing - An
Ordinance of the City Council of the City of National City adopting the 2016 California
Mechanical Code. In addition to all Appendices related to these codes. (Fire/Building)
122 of 321
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: January 17, 2017
AGENDA ITEM NO.
ITEM TITLE:
Public Hearing - An Ordinance of the City Council of the City of National City adopting the 2016
California Mechanical Code. In addition to all Appendices related to these codes.
PREPARED BY: ! uis Sainz/Building Official;
PHONE: [336-4214
EXPLANATION:
This report is intended to provide the Mayor and City Council with a briet over -view of significant technical
changes to the 2016 California Mechanical Code. A copy of the 2016 California Mechanical Code is on file in the
Building Official's office.
DEPARTMENT: Building
APPROVED BY:
t
State Iaw requires that the City of National City adopt the same model codes es the State of California and limit
technical amendments to those necessitated due to local topographical, geographical, or climatic conditions.
Specific findings regarding local technical amendments must be made by the local jurisdiction and filed with the
Department of Housing and Community Development. State Iaw does not restrict local amendments to the
administrative provisions of the codes. In order to simplify construction in National City, staff is recommending
that the code be adopted with minimal revisions.
FINANCIAL STATEMENT:
ACCOUNT NO. [NIA
ENVIRONMENTAL REVIEW:
j
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Hold the Public Hearing
BOARD I COMMISSION RECOMMENDATION:
ATTACHMENTS:
Explanation
123 of 321
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: January 17, 2017
AGENDA ITEM NO.
ITEM TITLE:
An Ordinance of the City Council of the City of National City adopting the 2016 California Mechanical
Code. In addition to all Appendices related to these codes.
PREPARED BY: Luis SainzlBuilding Official DEPARTM
PHONE: 336-4214 APPRO
EXPLANATION:
This report is intended to provide the Mayor and City Council with a brief over -view of significant technical
changes to the 2016 California Mechanical Code. A copy of the 2016 California Mechanical Code is on file in the
Building Official's office.
NT. -IM
State law requires that the City of National City adopt the same model codes as the State of California and limit
technical amendments to those necessitated due to local topographical, geographical, or climatic conditions.
Specific findings regarding 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 order to simplify construction in National City, staff is recommending
that the code be adopted with minimal revisions.
FINANCIAL STATEMENT:
ACCOUNT NO. NA
ENVIRONMENTAL REVIEW:
INfAI
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
JGi
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adoption
BOARD / COMMISSION RECOMMENDATION:
IN/Ai
ATTACHMENTS:
Explanation
124 of 321
Staff Report on the Adoption of the 2016 California Building Standards Code
The California Health and Safety Code Section 17922 requires that each jurisdiction in the state
adopt the most recent edition of the California Building Standards Code within 180 days of
publication. If it is not adopted by a jurisdiction it has the force of law 180 days after publication.
A jurisdiction may propose amendments, addition and deletions to those codes. When adopting
the California Building Standards Code a jurisdiction may establish more restrictive standards
reasonably necessary based on climatic, geological and topographical conditions.
This year the California Building Standards Commission published the 2016 California Building
Standards Codes which are based on the 2015 International Building Code, 2015 International
Residential Code, 2015 Uniform Mechanical Code, 2014 National Electrical Code and the 2015
Uniform Plumbing Code.
The Building Division recommends adoption of the 2016 California Building Codes with the
following change to the National City Municipal Code, Chapter 15.04, Section 15.08.075
pertaining to the City Council's Authority under Title 15.
15.08.075 Chapter 1, Division II, Section 113 "Board of Appeals", Subsection 113.1
"General" —Amended. Section 113.1 of the 2016 California Code is amended to read as follows:
Section 113.1 Board of Appeals. In order to hear and decide appeals of orders, decisions,
or determinations of the Building Official relative to the application and interpretation of this
code, the City Council shall appoint an ad hoc Board of Appeals comprised of three (3) members
who are qualifies by experience and training to pass upon matters pertaining to building
construction and who are not employees of the City. Board members shall serve at the pleasure
of the City Council. The board shall comply with Rosenberg's Rules of Order in conducting their
business, and shall render written decisions and findings to the appellant with a copy to the
Building Official within thirty (30) days of the decision of the Board, by the filing of a written
notice of appeal with the Director of Emergency Services stating the reasons for the appeal. The
person filing the appeal and the opposing party shall be given at least ten (10) days' written notice
of the time and place of the haring on the appeal.
Upcoming actions will include a Public Hearing and Final Adoption of the Ordinances, currently
scheduled for the City Council Meeting on January 17, 2017.
125 of 321
CC/CDC-HA Agenda
1/17/2017 — Page 126
The following page(s) contain the backup material for Agenda Item: Public Hearing - An
Ordinance of the City Council of the City of National City adopting the 2016 California
Plumbing Code. In addition to all Appendices related to these codes. (Fire/Building)
126 of 321
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: January 17, 2017
AGENDA ITEM NO.
ITEM TITLE:
Public Hearing - An Ordinance of the City Council of the City of National City adopting the 2016
California Plumbing Code. In addition to all Appendices related to these codes.
PREPARED BY: Luis Sainz/Building Official; DEPARTMENT: B
PHONE: 1,336-4214 A.PPRD
EXPLANATION:
This report is intended to provide the Mayor and City Council with a brief over -view of significant techni__.
changes to the 2016 California Plumbing Code. A copy of the 2016 California Plumbing Code is on file in the
Building Official's office.
State Iaw requires that the City of National City adopt the same model codes as the State of California and limit
technical amendments to those necessitated due to local topographical, geographical, or climatic conditions.
Specific findings regarding local technical amendments must be made by the local jurisdiction and filed with the
Department of Housing and Community Development. State Iaw does not restrict local amendments to the
administrative provisions of the codes. In order to simplify construction in National City, staff is recommending
that the code be adopted with minimal revisions.
FINANCIAL STATEMENT:
ACCOUNT NO. N/A
ENVIRONMENTAL REVIEW:
IN1
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Hold the Public Hearing
BOARD 1 COMMISSION RECOMMENDATION:
ATTACHMENTS:
Explanation
127 of 321
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: January 17, 2017
ITEM TITLE:
An Ordinance of the City Council of the City of National City adopting the 2016 California Plumbing
Code. In addition to ail Appendices related to these codes.
AGENDA ITEM NO.
PREPARED BY: I uis SainzlBuilding Offciat DEPARTMENT:
PHONE: i336-4214 _ .PPF_.c . E
EXPLANATION:
This report is intended to provide the Mayor and City Council with a brief over -view of significant technical
changes to the 2016 California Plumbing Code. A copy of the 2016 California Plumbing Code is on file in the
Building Official's office.
State law requires that the City of National City adopt the same model codes as the State of California and limit
technical amendments to those necessitated due to local topographical, geographical, or climatic conditions.
Specific findings regarding 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 order to simplify construction in National City, staff is recommending
that the code be adopted with minimal revisions.
FINANCIAL STATEMENT:
ACCOUNT NO. NA i
ENVIRONMENTAL REVIEW:
Nl�
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED: Finance
APPROVED: MIS
STAFF RECOMMENDATION:
Adoption
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
Explanation
128 of 321
Staff Report on the Adoption of the 2016 California Building Standards Code
The California Health and Safety Code Section 17922 requires that each jurisdiction in the state
adopt the most recent edition of the California Building Standards Code within 180 days of
publication. If it is not adopted by a jurisdiction it has the force of law 180 days after publication.
A jurisdiction may propose amendments, addition and deletions to those codes. When adopting
the California Building Standards Code a jurisdiction may establish more restrictive standards
reasonably necessary based on climatic, geological and topographical conditions.
This year the California Building Standards Commission published the 2016 California Building
Standards Codes which are based on the 2015 International Building Code, 2015 International
Residential Code, 2015 Uniform Mechanical Code, 2014 National Electrical Code and the 2015
Uniform Plumbing Code.
The Building Division recommends adoption of the 2016 California Building Codes with the
following change to the National City Municipal Code, Chapter 15.04, Section 15.08.075
pertaining to the City Council's Authority under Title 15.
15.08.075 Chapter 1, Division II, Section 113 "Board of Appeals", Subsection 113.1
"General" —Amended. Section 113.1 of the 2016 California Code is amended to read as follows:
Section 113.1 Board of Appeals. In order to hear and decide appeals of orders, decisions,
or determinations of the Building Official relative to the application and interpretation of this
code, the City Council shall appoint an ad hoc Board of Appeals comprised of three (3) members
who are qualifies by experience and training to pass upon matters pertaining to building
construction and who are not employees of the City. Board members shall serve at the pleasure
of the City Council. The board shall comply with Rosenberg's Rules of Order in conducting their
business, and shall render written decisions and findings to the appellant with a copy to the
Building Official within thirty (30) days of the decision of the Board, by the filing of a written
notice of appeal with the Director of Emergency Services stating the reasons for the appeal. The
person filing the appeal and the opposing party shall be given at feast ten (10) days' written notice
of the time and place of the haring on the appeal.
Upcoming actions will include a Public Hearing and Final Adoption of the Ordinances, currently
scheduled for the City Council Meeting on January 17, 2017
129 of 321
CC/CDC-HA Agenda
1/17/2017 — Page 130
The following page(s) contain the backup material for Agenda Item: Public Hearing - An
Ordinance of the City Council of the City of National City adopting the 2016 California
Residential Code. In addition to all Appendices related to these codes. (Fire/Building)
130 of 321
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: January 17, 2017
AGENDA ITEM NO.
ITEM TITLr:
Public Rearing - An Ordinance of the City Council of the City of National City adopting the 2016
California Residential Code. In addition to all Appendices related to these codes.
PREPARED BY: Luis Sainz/Building Official:
PHONE: 036-4214
EXPLANATION:
This report is intended to provide the Mayor and City Council with a brief over -view of significant technical
changes to the 2016 California Residential Code. A copy of the 2016 California Residential Code is on file in the
Building Official's office.
DEPARTMENT: Buildin
APPF',,VED
State law requires that the City of National City adopt the same model codes as the State of California and limit
technical amendments to those necessitated due to local topographical, geographical, or climatic conditions.
Specific findings regarding 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 order to simplify construction in National City, staff is recommending
that the code be adopted with minimal revisions.
FINANCIAL STATEM ENT:
ACCOUNT NO.N/A
ENVIRONMENTAL REVIEW:
;NEA
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Hold the Public Hearing
BOARD / COMMISSION RECOMMENDATION:
[N/A
ATTACHMENTS:
Explanation
131 of 321
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: January 17, 2017
AGENDA ITEM NO.
ITEM TITLE:
An Ordinance of the City Council of the City of National City adopting the 2016 California Residential
Code. In addition to ail Appendices related to these codes.
PREPARED BY: ;L uis Sainz/Building Official;
PHONE: [336_4214
EXPLANATION:
This report is intended to provide the Mayor and City Council with a brief over -view of significant technical
changes to the 2016 California Residential Code. A copy of the 2016 California Residential Code is on file in the
Building Official's office.
DEPARTMEN : Tiding
APPROVED -BY:
State Iaw requires that the City of National City adopt the same model codes as the State of California and limit
technical amendments to those necessitated due to local topographical, geographical, or climatic conditions.
Specific findings regarding local technical amendments must be made by the local jurisdiction and tiled with the
Department of Housing and Community Development. State Iaw does not restrict local amendments to the
administrative provisions of the codes. In order to simplify construction in National City, staff is recommending
that the code be adopted with minimal revisions.
FINANCIAL S."ATEMENT:
ACCOUNT NO. [N/A
ENVIRONMENTAL REVIEW:
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adoption
BOARD / COMMISSION RECOMMENDATION:
INfA
ATTACHMENTS:
Explanation
132 of 321
Staff Report on the Adoption of the 2016 California Building Standards Code
The California health and Safety Code Section 17922 requires that each jurisdiction in the state
adopt the most recent edition of the California Building Standards Code within 180 days of
publication. If it is not adopted by a jurisdiction it has the force of la%.v 180 days after publication.
A jurisdiction may propose amendments, addition and deletions to those codes. When adopting
the California Building Standards Code a jurisdiction may establish more restrictive standards
reasonably necessary based on climatic, geological and topographical conditions.
This year the California Building Standards Commission published the 2016 California Building
Standards Codes which are based on the 2015 International Building Code, 2015 International
Residential Code, 2015 Uniform Mechanical Code, 2014 National Electrical Code and the 2015
Uniform Plumbing Code.
The Building Division recommends adoption of the 2016 California Building Codes with the
following change to the National City Municipal Code, Chapter 15.04, Section 15.08.075
pertaining to the City Council's Authority under Title 15.
15.08.075 Chapter 1, Division 11, Section 113 "Board of Appeals", Subsection 113.1
"General" —Amended. Section 113.1 of the 2016 California Code is amended to read as follows:
Section 113.1 Board of Appeals. In order to hear and decide appeals of orders, decisions,
or determinations of the Building Official relative to the application and interpretation of this
code, the City Council shall appoint an ad hoc Board of Appeals comprised of three (3) members
who are qualifies by experience and training to pass upon matters pertaining to building
construction and who are not employees of the City. Board members shall serve at the pleasure
of the City Council. The board shall comply with Rosenberg's Rules of Order in conducting their
business, and shall render written decisions and findings to the appellant with a copy to the
Building Official within thirty (30) days of the decision of the Board, by the filing of a written
notice of appeal with the Director ot Emergency Services stating the reasons for the appeal. The
person filing the appeal and the opposing party shall be given at least ten (10) days' written notice
of the time and place of the haring on the appeal.
Upcoming actions will include a Public Hearing and Final Adoption of the Ordinances, currently
scheduled for the City Council Meeting on January 17, 2017_
133 of 321
CC/CDC-HA Agenda
1/17/2017 — Page 134
The following page(s) contain the backup material for Agenda Item: Public Hearing —
Conditional Use Permit the expansion of a gas station convenience store located at 1803
Highland Avenue. (Applicant: Michael Rafo) (Case File 2016-17 CUP) (Planning)
134 of 321
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: January 17, 2017
AGENDA ITEM NO.
ITEM TITLE:
Public Hearing — Conditional Use Permit the expansion of a gas station convenience store located at 1803
Highland Avenue. (Applicant: Michael Rafo) (Case File 2016-17 CUP)
PREPARED BY: "artin Reeder, AIC
PHONE: 619-336-4313
EXPLANATION:
hThe applicant has applied for a Conditional Use Permit (CUP) to expand an existing gas station convenience
store. 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. The CUP was approved by
Planning Commission on November 7, 2016, by a unanimous vote.
DEPARTMENT: 1Plan n ing.
APPROVED BY:
Gam''
City Council considered a Notice of Decision for this item at their meeting of December 6, 2016. Council held
the item over for a public hearing in order to discuss the item further.
The attached background 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:
FINAL ADOPTION:
STAFF RECOMMENDATION:
[Staff recommends approval of the Conditional Use Permit
BOARD / COMMISSION RECOMMENDATION:
jrhe Planning Commission approved the Conditional Use Permit.
Ayes: Baca, Bush, DeLaPaz, Flores, Garda, Sendt, Yamane
ATTACHMENTS:
1. Background Report
2. Recommended Findings
3. Recommended Conditions of Approval
4. Overhead
Finance
MIS
5. Reduced Plans
6. Planning Commission staff report
7. Planning Commission Resolution 2016-13
8. Public Hearing Notice
135 of 321
BACKGROUND REPORT
Overview
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 corner 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:
136 of 321
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.
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 lacks 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:
137 of 321
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.
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 corridor.
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.
138 of 321
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 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 of 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
139 of 321
convenience store is subject to the most recent Council Policy standards for off -sale
alcohol OUP'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.
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 Tess serious in nature and Tess commonly reported. Part 11
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 18th 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
140 of 321
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.
Staff Recommendation
Staff is recommending approval of this CUP request. Staff is of the opinion that the
expansion of the convenience store is compatible with the existing and future land uses
and would have minimal impact on the site.
Planning Commission Action
Planning Commission conducted a public hearing on November 7, 2016. The
Commission asked questions related to the previous approved CUP and conditions of
approval. The Planning Commission voted to approve the Conditional Use Permit.
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 1994-2). The proposed expansion would add additional
square footage to the existing convenience store and is consistent with the existing use.
OPTIONS
The options available to the City Council are as follows:
1. Approve the item subject to the attached recommended findings and conditions
of approval; or
2. Deny the item subject to findings to be made by the City Council; or
3. Continue the item in order to request additional information.
141 of 321
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
prope rty.
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.
142 of 321
RECOMMENDED CONDITIONS OF APPROVAL
2016-17 CUP —1803 Highland Avenue
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 7111/2016.
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 retum 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 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
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.
143 of 321
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 ail 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.
144 of 321
-2016-17 CUP — 1803 Highland Ave. — Overhead
10
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Title:
Item no. 3
November 7, 2016
CITY OF NATIONAL CITY - PLANTING 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 corner of Highland Avenue and East 18th Street
Assessor's Parcel No.: 561-171-18
Staff report by: Jessica Madamba — Planning Technician
Applicant/Property owner: Michael Rafo
Zoning designation: MXC-2 — Major Mixed -Use Corridor
Adjacent land use/zoning:
North: Jack in the Box Restaurant across E. 16°' St. / MXC-2
East: Commercial and multi -family residential / MXC-1 (Minor
Mixed -Use Corridor)
South: Wienerschnitzel Restaurant / MXC-2
West: Napa Auto Parts across Highland Ave. / MXC-2
Environmental review: Categorically Exempt pursuant to Class 1 Section 15301
(Existing Facilities)
Staff recommendation: Approve
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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 18t 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.
150 of 321
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 lacks 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 — Ail 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.
151 of 321
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 LtJ-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 corridor.
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
152 of 321
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 18'h 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.
153 of 321
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 ! or Part I! crimes. Part ! crimes are
serious crimes such as homicide, robbery, assault, burglary, vehicle theft, etc. Part II crimes
are less serious in nature and less 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 18th 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 looted 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-
154 of 321
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
155 of 321
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.
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.
156 of 321
RECOMMENDED CONDITIONS OF APPROVAL
2016-17 CUP — 1803 Highland Avenue
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 shalt 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 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. Wlthin 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.
157of321
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.
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+ CALIFORNIA �+-
IArCOXIPORAI D
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
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NATIONAL 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: 06/21/1988
OWNER ADDRESS: 1851 Sea Pines Road, El Cajon , CA 92019
(add additional owners o 1 page 2)
I. Tvpe of Business
Restaurant (1 pt)
1 Market (2 pts)
Bar/Night Club (3 pts)
Tasting Room (lpt)
II, Hours of Operation
Daytime hours (1 pt)
Close by l 1pm (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)
Medium (2 pts)
d High (3 pts)
V. Alcohol Businesses per Census Tract
Below (1 pt)
�l Average (2 pts)
Above (3 pts)
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 safe 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
160 of 321
National City Police Department
ABC Risk Assessment
VI. Calls for Service at Location (for previous 6 months)
{ Below (1 pt)
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 14
OWNER NAME: 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
2of2
Badge ID: 0402
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1803 Highland Avenue / Crime Rate 81 Calls for Service
1 CFS TOTAL (01JAN2016-Present)
PRIORITY
Count
1
2
3
1
4
5
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162 of 321
5OL1Th 1AY C tv MUN1TY CHANGE. f i4itou t.CT
A r'roject of the institute for rutIic Strategies
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 plan for 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 corner 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 Cannansty Clsave Project is a Ixejed of the InsMutetor Public Strategies a:xd is `undee by the San Dew. Courey .feakt, and Kama Se vices Agway
2515 Camino del Wpm Sa. 13OO • Sao Dego, California. 92108 • Phnna; 61947a-91 OO • Fax: 819. 6 91 O 4
www ratogiexs+g
163 of 321
Youth Sensitive Areas
The business is located near two schools within one mile to include: John A. Otis Elementary 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 Densitv
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.
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 Creamily Change Project is a project of the Matto Le for Parc Strategies end is funded by Me San oiago- County Massfh and Human Services ►,gency
2615 Canino dal gto Sa. #30{l • San Diego. Cattarnia, 92108 • Phpne_ 619.476.9100 • Fax 619.416-9104
vo.ev.pubtiostra cr9
164 of 321
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 Community Change Filled is a project of the Institute for Phiilic Straleg es and is funded bythe San Cego County Health and Human Serums Agency
2615 Camino de! Rio So. 8900 • San Diego, California, S2108 • Phme: 619A76.9100 • Fac 619A7691 C4
snaw.ptitgcstiategfescrg
165 of 321
August 25, 2014
I CensusTracts 2010
1:45,457
4 0.375 0.75
1.5mi
0 0.5 1 2km
$neoetr: ErN, HERE, 7aL Lone, 1bm1brn, Warmep, Increment F Own.,
GEBCO, USGS. FK), NP$, MOAN, GeoBnML 1GN, KadAar r, Ordu.
Surrey. Eul Iwo; MET1, Esti Chine (Hang Kora, swleetcpa Mapmylydie,0
Qpe St e1Mapmainlyern,andfeeGISUeerCommtr11
Source: Microsoft Mappoint
NCPD CAU, 4/18/07
City of National City
Beat 23
167 of 321
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 planninganationalcitvca.gov
If you challenge the nature of the proposed action in court, you may be limited to raising
only those issues you or someone &se 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
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lkIKTIONAtal FT 1r-
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
Project 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.
licant:
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 MAOAMBA
Planning Technician
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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, at 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 feet, 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 mini -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 condor.
170 of 321
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, 2008.
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.
171 of 321
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 posses 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 the .premises. 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. 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.
16. Ice may be sold only at or about prevailing pnces 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 door(s) 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 aii 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 vioiation 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.
172 of 321
Resolution No. 2008 — 251
December 2, 2008
Page 4
22. Within four (4) days of approval, pursuant to Fish and Game °ode Section 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.
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
18.116.190 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 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 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 Planning Director prior to
recordation.
BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted
forthwith to the applicant.
BE IT FURTHER RESOLVED that this Resolution shall become effective and final on
the day following the City Council meeting where the resolution is adopted. The time within which
judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure
Section 1094.6.
PASSED and ADOPTED this 2nd day of December, 2008.
ATTEST:
1/
Mic ad R. Della, Ci ' Clerk
Ron Morrison, 101`a9r
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
173 of 321
Passed and adopted by the Council of the City of National City, California, on
December 2, 2008 by the following vote, to -wit:
Ayes: Councilmembers 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 ity of ational City, California
Deputy
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
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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 1T 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
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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 perrnit. 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
176 of 321
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
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.
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
177of321
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 6:00
a.m. 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
CT-IAIR,E7RSd*ON
178 of 321
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 6:00 p.m., Tuesday, January 17,
2017, in the City Council Chambers, Civic Center, 1243 National City Blvd.,
National City, CA., to consider:
CONDITIONAL USE PERMIT FOR THE EXPANSION OF A GAS
STATION CONVENIENCE STORE
LOCATED AT 1803 HIGHLAND AVENUE
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 unanimous vote.
Anyone interested in this matter may appear at the above time and place
and be heard.
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
undersigned, or to the City Council of the City of National City at, or prior to, the
Public Hearing.
January 4, 2017
Michael R. Dalla, CMC
City Clerk
179 of 321
CC/CDC-HA Agenda
1/17/2017 — Page 180
The following page(s) contain the backup material for Agenda Item: An Ordinance
amending Title 15 of the National City Municipal Code to add Chapter 15.82 — Expedited
Permit Processing for Electric Vehicle Charging Stations. (Planning)
180 of 321
CITY OF NATIONAL CITY, CALIFORNIA
CITY COUNCIL AGENDA STATEMENT
MEETING DATE: January 17, 2017
AGENDA ITEM NO.
ITEM TITLE:
An Ordinance amending Title 15 of the National City Municipal Code to add Chapter 15.82 — Expedited
Permit Processing for Electric Vehicle Charging Stations. (Planning)
PREPARED Br Raymond Pe ' DEPARTMENT: Planning
PHONE: 4421 APPROVED
EXPLANATION:
Assembly Bill No. 1236, approved and filed on October 8, 2015, provides that the implementation of
consistent statewide standards to achieve the timely and cost-effective installation of electric vehicle
charging stations is a matter of statewide concern. AB 1236 requires the City to approve applications for
the installation of electric vehicle charging stations through the issuance of specified permits unless the
City makes specified written findings that the installation would have an adverse impact on public health
or safety and that it would not be feasible to mitigate or avoid the impact. AB 1236 requires the City to
adopt an ordinance by September 30, 2017. By increasing the duties of local officials, AB 1236 creates
a state -mandated local program.
FINANCIAL STATEMENT:
Not Applicable.
ACCOUNT NO.
APPROVED: Finance
ENVIRONMENTAL REVIEW:
No further action is required under the California Environmental Quality Act since the action, as defined
by CEQA, is not considered a project that has the potentiai to result in either a direct or indirect physical
change in the environment.
ORDINANCE: INTRODUCTION: r1XI
FINAL ADOPTION:
STAFF RECOMMENDATION:
Introduce the Ordinance.
BOARD / COMMISSION RECOMMENDATION:
Not Applicable.
ATTACHMENTS:
1. Assembly Bill No. 1236.
2. Draft Ordinance.
181 of 321
Assembly Bill No. 1236
CHAPTER 598
An act to add Section 65850.7 to the Government Code, relating to local
ordinances.
[Approved by Govemor October 8, 2015. Filed with
Secretary of State October 8, 2015.]
LEGISLATIVE COUNSEL'S DIGEST
AB 1236, Chiu. Local ordinances: electric vehicle charging stations.
The Planning and Zoning Law, among other things, requires the legislative
body of each county and city to adopt a general plan for the physical
development of the county or city and authorizes the adoption and
administration of zoning laws, ordinances, rules, and regulations by counties
and cities. Existing law, the Electric Vehicle Charging Stations Open Access
Act, prohibits the charging of a subscription fee on persons desiring to use
an electric vehicle charging station, as defined, and prohibits a requirement
for persons to obtain membership in any club, association, or organization
as a condition of using the station, except as specified.
The bill would require a city, county, or city and county to approve an
application for the installation of electric vehicle charging stations, as
defined, through the issuance of specified permits unless the city or county
makes specified written findings based upon substantial evidence in the
record that the proposed installation would have a specific, adverse impact
upon the public health or safety, and there is no feasible method to
satisfactorily mitigate or avoid the specific, adverse impact. The bill would
provide for appeal of that decision to the planning commission, as specified.
The bill would provide that the implementation of consistent statewide
standards to achieve the timely and cost-effective installation of electric
vehicle charging stations is a matter of statewide concern. The bill would
require electric vehicle charging stations to meet specified standards. The
bill would require a city, county, or city and county with a population of
200,000 or more residents to adopt an ordinance, by September 30, 2016,
that creates an expedited and streamlined permitting process for electric
vehicle charging stations, as specified. The bill would require a city, county,
or city and county with a population of less than 200,000 residents to adopt
this ordinance by September 30, 2017. The bill would authorize the city,
county, or city and county, in developing the ordinance, to refer to guidelines
contained in a specified guidebook. The bill would also authorize the
adoption of an ordinance that modifies the checklists and standards found
in the guidebook due to unique conditions. By increasing the duties of local
officials, this bill would create a state -mandated local program.
92
182 of 321
Ch. 598 — 2 —
The California Constitution requires the state to reimburse local agencies
and school districts for certain costs mandated by the state. Statutory
provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for
a specified reason.
The people of the State of California do enact as follows:
SECTION 1. Section 65850.7 is added to the Government Code, to read:
65850.7. (a) The Legislature finds and declares all of the following:
(1) The implementation of consistent statewide standards to achieve the
timely and cost-effective installation of electric vehicle charging stations is
not a municipal affair, as that term is used in Section 5 of Article XI of the
California Constitution, but is instead a matter of statewide concern.
(2) It is the intent of the Legislature that local agencies not adopt
ordinances that create unreasonable barriers to the installation of electric
vehicle charging stations and not unreasonably restrict the ability of
homeowners and agricultural and business concerns to install electric vehicle
charging stations.
(3) It is the policy of the state to promote and encourage the use of electric
vehicle charging stations and to limit obstacles to their use.
(4) It is the intent of the Legislature that local agencies comply not only
with the language of this section, but also the legislative intent to encourage
the installation of electric vehicle charging stations by removing obstacles
to, and minimizing costs of, permitting for charging stations so long as the
action does not supersede the building official's authority to identify and
address higher priority life -safety situations.
(b) A city, county, or city and county shall administratively approve an
application to install electric vehicle charging stations through the issuance
of a building permit or similar nondiscretionary permit. Review of the
application to install an electric vehicle charging station shall be limited to
the building official's review of whether it meets all health and safety
requirements of local, state, and federal law. The requirements of local law
shall be limited to those standards and regulations necessary to ensure that
the electric vehicle charging station will not have a specific, adverse impact
upon the public health or safety. However, if the building official of the
city, county, or city and county makes a finding, based on substantial
evidence, that the electric vehicle charging station could have a specific,
adverse impact upon the public health or safety, the city, county, or city and
county may require the applicant to apply for a use permit.
(c) A city, county, or city and county may not deny an application for a
use permit to install an electric vehicle charging station unless it makes
written findings based upon substantial evidence in the record that the
proposed installation would have a specific, adverse impact upon the public
health or safety, and there is no feasible method to satisfactorily mitigate
or avoid the specific, adverse impact. The findings shall include the basis
92
183 of 321
— 3 — Ch. 598
for the rejection of potential feasible alternatives of preventing the adverse
impact.
(d) The decision of the building official pursuant to subdivisions (b) and
(c) may be appealed to the planning commission of the city, county, or city
and county.
(e) Any conditions imposed on an application to install an electric vehicle
charging station shall be designed to mitigate the specific, adverse impact
upon the public health or safety at the lowest cost possible.
(f) (1) An electric vehicle charging station shall meet applicable health
and safety standards and requirements imposed by state and local permitting
authorities.
(2) An electric vehicle charging station shall meet all applicable safety
and performance standards established by the California Electrical Code,
the Society of Automotive Engineers, the National Electrical Manufacturers
Association, and accredited testing laboratories such as Underwriters
Laboratories and, where applicable, rules of the Public Utilities Commission
regarding safety and reliability.
(g) (1) On or before September 30, 2016, every city, county, or city and
county with a population of 200,000 or more residents, and, on or before
September 30, 2017, every city, county, or city and county with a population
of less than 200,000 residents, shall, in consultation with the local fire
department or district and the utility director, if the city, county, or city and
county operates a utility, adopt an ordinance, consistent with the goals and
intent of this section, that creates an expedited, streamlined permitting
process for electric vehicle charging stations. In developing an expedited
permitting process, the city, county, or city and county shall adopt a checklist
of all requirements with which electric vehicle charging stations shall comply
to be eligible for expedited review. An application that satisfies the
information requirements in the checklist, as determined by the city, county,
or city and county, shall be deemed complete. Upon confirmation by the
city, county, or city and county of the application and supporting documents
being complete and meeting the requirements of the checklist, and consistent
with the ordinance, a city, county, or city and county shall, consistent with
subdivision (b), approve the application and issue all required permits or
authorizations. However, the city, county, or city and county may establish
a process to prioritize competing applications for expedited permits. Upon
receipt of an incomplete application, a city, county, or city and county shall
issue a written correction notice detailing all deficiencies in the application
and any additional information required to be eligible for expedited permit
issuance. An application submitted to a city, county, or city and county that
owns and operates an electric utility shall demonstrate compliance with the
utility's interconnection policies prior to approval.
(2) The checklist and required permitting documentation shall be
published on a publicly accessible Internet Web site, if the city, county, or
city and county has an Internet Web site, and the city, county, or city and
county shall allow for electronic submittal of a permit application and
associated documentation, and shall authorize the electronic signature on
92
184 of 321
Ch. 598 — 4 —
all forms, applications, and other documentation in lieu of a wet signature
by an applicant. In developing the ordinance, the city, county, or city and
county may refer to the recommendations contained in the most current
version of the "Plug -In Electric Vehicle Infrastructure Permitting Checklist"
of the "Zero -Emission Vehicles in California: Community Readiness
Guidebook" published by the Office of Planning and Research. A city,
county, or city and county may adopt an ordinance that modifies the
checklists and standards found in the guidebook due to unique climactic,
geological, seismological, or topographical conditions. If a city, county, or
city and county determines that it is unable to authorize the acceptance of
an electronic signature on all forms, applications, and other documents in
lieu of a wet signature by an applicant, the city, county, or city and county
shall state, in the ordinance required under this subdivision, the reasons for
its inability to accept electronic signatures and acceptance of an electronic
signature shall not be required.
(h) A city, county, or city and county shall not condition approval for
any electric vehicle charging station permit on the approval of an electric
vehicle charging station by an association, as that term is defined in Section
4080 of the Civil Code.
(i) The following definitions shall apply to this section:
(1) "A feasible method to satisfactorily mitigate or avoid the specific,
adverse impact" includes, but is not limited to, any cost-effective method,
condition, or mitigation imposed by a city, county, or city and county on
another similarly situated application in a prior successful application for
a permit.
(2) "Electronic submittal" means the utilization of one or more of the
following:
(A) Email.
(B) The Internet.
(C) Facsimile.
(3) "Electric vehicle charging station" or "charging station" means any
level of electric vehicle supply equipment station that is designed and built
in compliance with Article 625 of the California Electrical Code, as it reads
on the effective date of this section, and delivers electricity from a source
outside an electric vehicle into a plug-in electric vehicle.
(4) "Specific, adverse impact" means a significant, quantifiable, direct,
and unavoidable impact, based on objective, identified, and written public
health or safety standards, policies, or conditions as they existed on the date
the application was deemed complete.
SEC. 2. No reimbursement is required by this act pursuant to Section 6
of Article XIII B of the California Constitution because a local agency or
school district has the authority to levy service charges, fees, or assessments
sufficient to pay for the program or level of service mandated by this act,
within the meaning of Section 17556 of the Government Code.
0
92
185 of 321
CC/CDC-HA Agenda
1/17/2017 — Page 186
The following page(s) contain the backup material for Agenda Item: An Ordinance of the
City Council of the City of National City adding Chapter 2.74 to the National City
Municipal Code pertaining to Ethics Training. (City Attorney)
186 of 321
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: January 17, 2017 AGENDA ITEM NO.
ITEM TITLE:
An Ordinance of the City Council of the City of National City adding Chapter 2.74 to the National City
Municipal Code pertaining to Ethics Training.
PREPARED BY: George H. Eiser, III
PHONE:
EXPLANATION:
Ext. 4222
Please see attached memorandum.
DEPARTMENT: City Attorney
APPROVED BY: /T 7) 9 -
FINANCIAL STATEMENT:
ACCOUNT NO.
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Introduce proposed ordinance.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
Memorandum
Proposed ordinance
187 of 321
Mayor
Ron Morrison
Council Members
Jerry Cano
Alejandra Sotelo-Solis
Mona Rios
Albert Mendivil
TO:
FROM:
SUBJECT:
CALIFORNIA
NATIONAL Cfnr
at@ev
INCAaPoaaTan _J
Office of the City Attorney
MEMORANDUM
Mayor and City Council
Interim City Attorney
Ethics Training Ordinance
Interim City Attorney
George H. Eiser, III
Senior Assistant City Attorney
Nicole Pedone
Deputy City Attorney
Roberto M. Contreras
DATE: January 17, 2017
Government Code Section 53235 requires that if a local agency, such as the City, provides any
type of compensation, salary, stipend, or reimbursement for expenses to members of a legislative
body, then all local agency officials shall receive at least two hours of training in ethics every
two years. Section 53234 defines "local agency official" as the legislative body, boards and
commissions, and elected officials of the local agency who receive such compensation, salary,
stipend, or reimbursement for expenses. "Local agency official" also means any employee
designated by the local agency legislative body to receive ethics training. The Mayor, members
of the City Council, the Chair and members of the Planning Commission, the City Clerk, and the
City Treasurer are required by the aforementioned sections of the Government Code to complete
a two hour Fair Political Practices Commission approved ethics training session.
The proposed ordinance, in addition to confirming the ethics training requirement for the Mayor,
City Council, City Clerk, and City Treasurer, would make ethics training required for members
of all City boards and commissions, and for all employees who are required to file a Statement of
Economic Interests pursuant to the Political Reform Act.
George H. Eiser, III
Interim City Attorney
1243 National City Boulevard; National City, California 91950-4397
Tel.: (619) 336-4220 Fax: (619) 336-4327
188 of 321
ORDINANCE NO. 2017 —
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING
CHAPTER 2.74 TO THE NATIONAL CITY MUNICIPAL CODE
PERTAINING TO ETHICS TRAINING
BE IT ORDAINED that Chapter 2.74 is hereby added to Title 2 of the National
City Municipal Code to read as follows:
CHAPTER 2.74
Ethics Training
Sections:
2.74.010 Ethics Training —Required.
2.74.010 Ethics training —Required. The following persons shall receive training
required by Government Code Section 53235 at least every two years, in a program approved
by the City Manager:
A. Mayor and members of the City Council
B. City Clerk
C. City Treasurer
D. Members of all boards and commissions identified in Title 16 of this Code
E. All employees who are required to file a Statement of Economic Interests
pursuant to the Political Reform Act, Government Code Section 87100, et seq.
PASSED and ADOPTED this day of , 2017.
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
Interim City Attorney
Ron Morrison, Mayor
189 of 321
CC/CDC-HA Agenda
1/17/2017 — Page 190
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. In addition to all Appendices related to
these codes. (Fire/Building)
190 of 321
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: January 17, 2017
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. In addition to aJI Appendices related to these
codes.
PREPARED BY: 'Robert Hernandez 1 Fire Marshal
PHONE: 036-4552
EXPLANATION:
DEPARTMENT;. -fjr
APPROVED BY.
This report is intended to provide the Mayor and City Council with a brief over -view of significant
technical changes to the 2016 California Fire Code. A copy of the 2016 California Fire Code is on file at
the Fire Department.
State Iaw requires that the City of National City adopt the same model codes as the State of California
and limit technical amendments to those necessitated due to local topographical, geographical, or
climatic conditions. Specific findings regarding local technical amendments must be made by the local
jurisdiction and filed with the Department of Housing and Community Development. State Iaw does not
restrict local amendments to the administrative provisions of the codes. In order to simplify construction
in National City, staff is recommending that the code be adopted with minimal revisions.
FINANCIAL STATEMENT:
ACCOUNT NO.INfA
ENVIRONMENTAL REVIEW:
[Nf,All
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
X
STAFF RECOMMENDATION:
Ad option
BOARD 1 COMMISSION RECOMMENDATION:
ATTACHMENTS:
Explanation
Finance
MIS
191 of 321
Staff Report on the Adoption of the 2016 California Building Standards Code
The California Health and Safety Code Section 17922 requires that each jurisdiction in the state
adopt the most recent edition of the California Building Standards Code within 180 days of
publication. If it is not adopted by a jurisdiction it has the force of law 180 days after publication.
A jurisdiction may propose amendments, addition and deletions to those codes. When adopting
the California Building Standards Code a jurisdiction may establish more restrictive standards
reasonably necessary based on climatic, geological and topographical conditions.
This year the California Building Standards Commission published the 2016 California Building
Standards Codes which are based on the 2015 International Fire Code, 2015 International
Building Code, 2015 International Residential Code, 2015 Uniform Mechanical Code, 2014
National Electrical Code and the 2015 Uniform Plumbing Code.
The Fire Department recommends adoption of the 2016 California Fire Code with the following
change to the National City Municipal Code, Chapter 15.28, Section 15.28.140 pertaining to the
City Council's Authority under Title 15.
15.28.140 Section 108, "Board of Appeals", Section 108.1, "Board of appeals established" —
Amended. In order to hear and decide appeals of orders, decisions, or determinations made by
the fire code official relative to the application and interpretation of this code, the City Council
shall appoint an ad hoc board of appeals consisting of members who are qualified by experience
and training to pass on matters pertaining to hazards of fire, explosions, hazardous conditions or
fire protection systems, and are not employees of the jurisdiction. The fire code official shall be
an ex-officio member of the board, but shall not have a vote on any matter before the board.
Board members shall serve at the pleasure of the City Council. The board shall comply with
Rosenberg's Rules of Order in conducting their business, and shall render written decisions and
findings to the appellant with a copy to the Authority Having Jurisdiction. Decisions of the board
may be appealable to the City Council by the appellant or by the Authority Having Jurisdiction
within thirty (30) days of the decision of the board, by the filing of a written notice of appeal with
the Director of Emergency Services stating the reasons for the appeal. The appellant shall be
given at least ten (10) days' notice of the time and place of the hearing on the appeal.
Upcoming actions will include a Public Hearing and Final Adoption of the Ordinances, currently
scheduled for the City Council Meeting on January 17, 2017.
192 of 321
CC/CDC-HA Agenda
1/17/2017 — Page 193
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 Building Code, in
addition to all Appendices related to these codes. In addition, amending Chapter
15.08.075 of the National City Municipal Code pertaining to the
193 of 321
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: January 17, 2017
AGENDA ITEM NO.
ITEM TITLE:
An Ordinance of the City Council of tree City of National City adopting the 2016 California Building Code, in
addition to all Appendices related to these codes. In addition, amending Chapter 15.08.075 of the National City
Municipal Code pertaining to the City Council's Authority under Title 15.
PREPARED BY: Luis SainzlBuilding Official DEPARTMENT: _9-9
PHONE: 336-4214
EXPLANATION:
This report is intended to provide the Mayor and City Council with a brief over -view of significa -te nical
changes to the 2016 California Building Code. A copy of the 2016 California Building Code is on file in the
Building Official's office.
State law requires that the City of National City adopt the same model codes as the State of California and limit
technical amendments to those necessitated due to Iocal topographical, geographical, or climatic conditions.
Specific findings regarding local technical amendments must be made by the Iocal 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 order to simplify construction in National City, staff is recommending
that the code be adopted with minimal revisions.
FINANCIAL STATEMENT:
ACCOUNT NO. NM
ENVIRONMENTAL REVIEW:
/A1
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED: Finance
APPROVED: MIS
STAFF RECOMMENDATION:
Adoption
BOARD ! COMMISSION RECOMMENDATION:
ATTACHMENTS:
Explanation
194 of 321
Staff Report on the Adoption of the 2016 California Building Standards Code
The California Health and Safety Code Section 17922 requires that each jurisdiction in the state
adopt the most recent edition of the California Building Standards Code within 180 days of
publication. !f it is not adopted by a jurisdiction it has the force of law 180 days after publication.
A jurisdiction may propose amendments, addition and deletions to those codes. When adopting
the California Building Standards Code a jurisdiction may establish more restrictive standards
reasonably necessary based on climatic, geological and topographical conditions.
This year the California Building Standards Commission published the 2016 California Building
Standards Codes which are based on the 2015 international Building Code, 2015 International
Residential Code, 2015 Uniform Mechanical Code, 2014 National Electrical Code and the 2015
Uniform Plumbing Code.
The Building Division recommends adoption of the 2016 California Building Codes with the
following change to the National City Municipal Code, Chapter 15.04, Section 15.08.075
pertaining to the City Council's Authority under Title 15.
15.08.075 Chapter 1, Division Il, Section 113 "Board of Appeals", Subsection 113.1
"General" —Amended. Section 113.1 of the 2016 California Code is amended to read as follows:
Section 113.1 Board of Appeals. in order to hear and decide appeals of orders, decisions,
or determinations of the Building Official relative to the application and interpretation of this
code, the City Council shall appoint an ad hoc Board of Appeals comprised of three (3) members
who are qualifies by experience and training to pass upon matters pertaining to building
construction and who are not employees of the City. Board members shall serve at the pleasure
of the City Council. The board shall comply with Rosenberg's Rules of Order in conducting their
business, and shall render written decisions and findings to the appellant with a copy to the
Building Official within thirty (30) days of the decision of the Board, by the filing of a written
notice o` appeai with the Director of Emergency Services stating the reasons for the appal. The
person filing the appeal and the opposing party shall be given at least ten (10) days' written notice
of the time and place of the haring on the appeal.
Upcoming actions will include a Public Hearing and Final Adoption of the Ordinances, currently
scheduled for the City Council Meeting on January 17, 2017.
195 of 321
CC/CDC-HA Agenda
1/17/2017 — Page 196
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 Electrical Code &
the 2014 National Electrical Code. In addition to all Appendices related to these codes.
(Fire/Building)
196 of 321
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: January 17, 2017
AGENDA ITEM NO.
ITEM TITLE:
An Ordinance of the City Council of the City of National City adopting the 2016 California Electrical
Code & the 2014 National Electrical Code. in addition to ail Appendices related to these codes.
PREPARED BY: Luis Sainz/Building Official; DEPARTMENT: Building
PHONE: 1336-4214 APPRO
EXPLANATION
This report is intended to provide the Mayor and City Council with a brief over -view of significant technical
changes to the 2016 California Electrical Code & the 2014 National Electrical Code. A copy of the 2016
California Electrical Code & the 2014 National Electrical Code is on file in the Building Official's office.
State law requires that the City of National City adopt the same model codes as the State of California and limit
technical amendments to those necessitated due to local topographical, geographical, or climatic conditions.
Specific findings regarding 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 order to simplify construction in National City, staff is recommending
that the code be adopted with minimal revisions.
FINANCIAL STATEMENT:
ACCOUNT NO. IN/A
ENVIRONMENTAL REVIEW:
Nff
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adoption
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
Explanation
197 of 321
Staff Report on the Adoption of the 2016 California Building Standards Code
The California Health and Safety Code Section 17922 requires that each jurisdiction in the state
adopt the most recent edition of the California Building Standards Code within 180 days of
publication. if it is not adopted by a jurisdiction it has the force of law 180 days after publication.
A jurisdiction may propose amendments, addition and deletions to those codes. When adopting
the California Building Standards Code a jurisdiction may establish more restrictive standards
reasonably necessary based on climatic, geological and topographical conditions.
This year the California Building Standards Commission published the 2016 California Building
Standards Codes which are based on the 2015 International Building Code, 2015 International
Residential Code, 2015 Uniform Mechanical Code, 2014 National Electrical Code and the 2015
Uniform Plumbing Code.
The Building Division recommends adoption of the 2016 California Building Codes ..vith the
following change to the National City Municipal Code, Chapter 15.04, Section 15.08.075
pertaining to the City Council's Authority under Title 15.
15.08.075 Chapter 1, Division II, Section 113 "Board of Appeals", Subsection 113.1
"General" — Amended. Section 113,1 of the 2016 California Code is amended to read as follows:
Section 113.1 Board of Appeals. In order to hear and decide appeals of orders, decisions,
or determinations of the Building Official relative to the application and interpretation of this
code, the City Council shall appoint an ad hoc Board of Appeals comprised of three (3) members
who are qualifies by experience and training to pass upon matters pertaining to building
construction and who are not employees of the City. Board members shall serve at the pleasure
of the City Council. The board shall comply with Rosenberg's Rules of Order in conducting their
business, and shall render written decisions and findings to the appellant with a copy to the
Building Official within thirty (30) days of the decision of the Board, by the filing of a written
notice of appeal with the Director of Emergency Services stating the reasons for the appeal. The
person filing the appeal and the opposing party shall be given at least ten (10) days' written notice
of the time and place of the haring on the appeal.
Upcoming actions will include a Public Hearing and Final Adoption of the ordinances, currently
scheduled for the City Council Meeting on January 17, 2017.
198 of 321
CC/CDC-HA Agenda
1/17/2017 — Page 199
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 Energy Code. In
addition to all Appendices related to these codes. (Fire/Building)
199 of 321
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: January 17, 2017
ITEM TITLE:
An Ordinance of the City Council of the City of National City adopting the 2016 California Energy
Code. In addition to all Appendices related to these codes.
AGENDA ITEM NO.
PREPARED BY: ;Luis Sainz/Building Official
DEPARTMENT: Built'n
PHONE: ;336-4214 APPROVED BY:
EXPLANATION:
This report is intended to provide the Mayor and City Council with a brief over -view of significant technical
changes to the 2016 California Energy Code. A copy of the 2016 California Energy Code is on file in the Building
Official's office.
State law requires that the City of National City adopt the same model codes as the State of California and limit
technical amendments to those necessitated due to local topographical, geographical, or climatic conditions.
Specific findings regarding 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. 1n order to simplify construction in National City, staff is recommending
that the code be adopted with minimal revisions.
FINANCIAL STATEMENT:
ACCOUNT NO. [NIA
ENVIRONMENTAL REVIEW:
INA
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adoption
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
Explanation
200 of 321
Staff Report on the Adoption of the 2016 California Building Standards Code
The California Health and Safety Code Section 17922 requires that each jurisdiction in the state
adopt the most recent edition of the California Building Standards Code within 180 days of
publication. If it is not adopted by a jurisdiction it has the force of law 180 days after publication.
A jurisdiction may propose amendments, addition and deletions to those codes. When adopting
the California Building Standards Code a jurisdiction may establish more restrictive standards
reasonably necessary based on climatic, geological and topographical conditions.
This year the California Building Standards Commission published the 2016 California Building
Standards Codes which are based on the 2015 International Building Code, 2015 International
Residential Code, 2015 Uniform EVlechanical Code, 2014 National Electrical Code and the 2015
Uniform Plumbing Code.
The Building Division recommends adoption of the 2016 California Building Codes w th the
following change to the National City Municipal Code, Chapter 15.04, Section 15.08.075
pertaining to the City Council's Authority under Title 15.
15.08.075 Chapter 1, Division II, Section 113 "Board of Appeals", Subsection 113.1
"General" — Amended. Section 113.1 of the 2016 California Code is amended to read as follows:
Section 113.1 Board of Appeals. In order to hear and decide appeals of orders, decisions,
or determinations of the Building Official relative to the application and interpretation of this
code, the City Council shall appoint an ad hoc Board of Appeals comprised of three (3) members
who are qualifies by experience and training to pass upon matters pertaining to building
construction and who are not employees of the City. Board members shall serve at the pleasure
of the City Council. The board shall comply with Rosenberg's Rules of Order in conducting their
business, and shall render written decisions and findings to the appellant with a copy to the
Building Official within thirty (30) days of the decision of the Board, by the filing of a written
notice or appeal with the Director of Emergency Services stating the reasons for the appeal. The
person filing the appeal and the opposing party shall be given at least ten (10) days' written notice
of the time and place of the haring on the appeal.
Upcoming actions will include a Public Hearing and Final Adoption of the Ordinances, currently
scheduled for the City Council Meeting on January 17, 2017.
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CC/CDC-HA Agenda
1/17/2017 — Page 202
The following page(s) contain the backup material for Agenda Item: An Ordinance of the
City Council of the City of National City adopting Appendix J of the 2016 California
Building Code, and amending Chapter 15.70 (Grading) of the National City Municipal
Code. (Engineering/Public Works)
202 of 321
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: January 17, 2017
AGENDA ITEM NO. I
ITEM TITLE:
An Ordinance of the City Council of the City of National City adopting Appendix J of the 2016
California Building Code, and amending Chapter 15.70 (Grading) of the National City Municipal Code.
PREPARED BY: Jose Lopez, Junior Engineer- Civil
PHONE: {336-43121
EXPLANATION:
The Ordinance was introduced at the City Council meeting on December 6, 2016. A public hearing was held
earlier this evening. Adopting this Ordinance will finalize Council's action.
DEPARTMENT: Engineering/Public Works
APPROVED B :
FINANCIAL STATEMENT:
ACCOUNT NO. N/A
ENVIRONMENTAL REVIEW:
IN/,I
APPROVED:
APPROVED:
ORDINANCE: INTRODUCTION: 1 FINAL ADOPTION: n
STAFF RECOMMENDATION:
Adopt the Ordinance adopting Appendix J of the 2016 California Building Code, and amending Chapter 15.70
(Grading) of the National City Municipal Code,
BOARD 1 COMMISSION RECOMMENDATION:
IMI�I
ATTACHMENTS:
Ordinance
203 of 321
ORDINANCE NO. 2016 —
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
ADOPTING APPENDIX J OF THE 2016 CALIFORNIA BUILDING CODE
AMENDING CERTAIN SECTIONS OF THAT CODE, AND AMENDING
CHAPTER 15.70 (GRADING) 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 Appendix J of
the 2016 California Building Code, California Code of Regulations, Title 24, Part II, Appendix J.
Section 2. The City Council of the City of National City hereby amends, adds, and
deletes certain sections of Appendix J of the2016 California Building Code.
Section 3. The City Council of the City of National City amends Chapter 15.70 of the
National City Municipal Code to read as follows:
CHAPTER 15.70
GRADING
Sections:
15.70.005 Adoption of Appendix J of the 2016 California Building Code — Amended.
15.70.010 Purpose.
15.70.015 Appendix J of the 2016 California Building Code, Section J101 "General"
Subsection J101.1 "'Scope" —Amended.
15.70.020 Appendix J of the 2016 California Building Code, Section J102
"Definitions" — Amended.
15.70.025 Hazards and safety precautions.
15.70.030 Appendix J of the 2016 California Building Code, Section J103 "Permits
Required", Subsection 103.2.1 "'Exemptions" — Amended.
15.70.035 Appendix J of the 2016 California Building Code, Section J103 "Permits
Required", Subsection J103.2.2 "Exemptions" — Amended.
15.70.040 Appendix J of the 2016 California Building Code, Section J103 "Permits
Required", Subsection J103.2.5 "Exemptions" —Amended.
15.70.045 Appendix J of the 2016 California Building Code, Section J103 "Permits
Required", Subsection J103.2.6 "'Exemptions" —Amended.
15.70.055 Appendix J of the 2016 California Building Code, Section J103 "Permits
Required", Subsection J103.2.8 "Exemptions" — Added.
15.70.060 Appendix J of the 2016 California Building Code, Section J104 "'Permit
Application and Submittals", Subsection J104.5 "Engineered Grading
Requirements" —Added.
204 of 321
15.70.065 Appendix J of the 2016 California Building Code, Section J104 "Permit
Application and Submittals", Subsection J104.6 "Regular Grading and
Retaining Wall Construction Requirements" — Added.
15.70.070 Appendix J of the 2016 California Building Code, Section J104 "Permit
Application and Submittals", Subsection J104.7 "Licenses and Insurance"
— Added.
15.70.075 Appendix J of the 2016 California Building Code, Section J104 "Permit
Application and Submittals", Subsection J104.8 "Conditions" — Added.
15.70.080 Appendix J of the 2016 California Building Code, Section J105
"'Inspections", Subsection J105.3 — Added.
15.70.085 Appendix J of the 2016 California Building Code, Section J106
"Excavations", Subsection J106.1.2 "Exceptions" — Deleted.
15.70.090 Appendix J of the 2016 California Building Code, Section J107 "Fills",
Subsection 1 "General" — Deleted.
15.70.095 Appendix J of the 2016 California Building Code, Section J107 "Fills",
Subsection 2 "Surface Preparation" — Amended.
15.70.100 Appendix J of the 2016 California Building Code, Section J107 "Fills",
Subsection J107.4 "Fill material" — Amended.
15.70.105 Appendix J of the 2016 California Building Code, Section J108
"Setbacks", Subsection J108.1 "General" — Amended.
15.70.110 Appendix J of the 2016 California Building Code, Section J108,
"Setbacks", Subsection J108.2 "Top of Slope" — Amended.
15.70.115 Appendix J of the 2016 California Building Code, Section J108
"Setbacks", Figure J108.1, "Drainage Dimensions" — Amended.
15.70.120 Appendix J of the 2016 California Building Code, Section J108
"Setbacks", Subsection J108.3 "Slope Protection" — Amended.
15.70.125 Appendix J of the 2016 California Building Code, Section J109 "Drainage
and Terracing", Subsection J109.4 "Drainage across property lines" —
Amended.
15.70.130 Appendix J of the 2016 California Building Code, Section J109 "Drainage
and Terracing", Subsection J109.5 "Surface Run-off Interception" —
Added.
15.70.135 Appendix J of the 2016 California Building Code, Section J109 "Drainage
and Terracing", Subsection J109.6 "Easements and Encumbrances" —
Added.
15.70.140 Appendix J of the 2016 California Building Code, Section J110 "Erosion
Control", Subsection J110.33 "Storm Water Erosion and Sediment" —
Added.
15.70.145 Grading fees.
Ordinance No. 2016 — 2 Amending NCMC Chapter 15.70
Adopted: Appendix J of the 2016 Building Code Code (Grading)
205 of 321
15.70.146 Work commencing prior to permit issuance
15.70.150 Completion of work.
15.70.155 Rough grading permit.
15.70.160 Parking Tots.
15.70.165 Bonds.
15.70.170 Violation a misdemeanor.
15.70.175 Board of Appeals
15.70.005 Adoption of Appendix J of the 2016 California Building Code — Amended.
There is adopted by the City Council for the purpose of prescribing regulations governing the
excavation and grading on private property, and the issuance of permits, and providing for the
inspection thereof, Appendix J of the 2016 California Building Code, subject to the amendments,
additions and deletions set forth in this chapter based on local climatic, geological, or
topographical conditions. A copy of this adopted code is on file in the engineering department.
15.70.010 Purpose. The purpose of this Chapter is to safeguard life, limb, property,
and the public welfare by regulating grading and other earthwork activities, or by controlling
existing fills and excavations, and the construction of retaining walls, drainage facilities on
private property and to ensure that soil erosion, sedimentation, and storm water runoff are
regulated to reduce, to the maximum extent practicable, pollutants entering the storm water
conveyance system and waters of the state to protect water quality.
15,70.015 Appendix J of the 2016 California Building Code, Section J101 "General",
Subsection J101.1 "Scope" Amended. Section J101, Subsection 1 of the 2016 California
Building Code is amended to read as follows:
J101.1 Sc. This Ordinance sets forth rules and regulations to control
excavation, grading, drainage, earthwork construction, including fills and
embankments, and retaining wall construction; establishes the administrative
procedure for issuance of permits; and provides for approval of plans and
inspection of grading and retaining wall construction. Where conflicts occur
between the technical requirements of this chapter and the geotechnical report,
the geotechnical report shall govern.
15.70.020 Appendix J of the 2016 California Building Code, Section J102 "Definitions —
Amended. For the purposes of Chapter 15.70, the following definitions supplement, or modify
certain definitions in Appendix J of the 2016 California Building Code, Section J102. All other
definitions listed in the 2016 Building Code shall remain applicable.
APPROVAL - The term "approval" does not constitute certification of the
project as a whole in terms of completeness, accuracy, design and construction
standards, as shown on the plans.
Ordinance No. 2016 - 3 Amending NCMC Chapter 15.70
Adopted: Appendix J of the 2016 Building Code Code (Grading)
206 of 321
AUTHORITY HAVING JURISDICTION — means the City Engineer of the
City of National City, or designee.
BEST MANAGEMENT PRACTICES OR BMPS — means schedules of
activities, pollution treatment practices or devices, prohibitions of practices,
general good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices or devices
to prevent or reduce the discharge of pollutants directly or indirectly to Storm
Water, Receiving Waters, or the Storm Water Conveyance System. Best
Management Practices also include but are not limited to treatment practices,
operating procedures, and practices to control site runoff, spillage or leaks, sludge
or water disposal, or drainage from raw materials storage. Best Management
Practices may include any type of pollution prevention and pollution control
measure that can help to achieve compliance with this Chapter. Best Management
Practices may include any type of pollution prevention and pollution control
measure, which the City Engineer finds, is necessary to reduce pollutants entering
the Waters of the State to the Maximum Extent Practicable.
BUILDING OFFICIAL — means the City Engineer or designee.
CIVIL ENGINEER — means a professional engineer registered in the State
of California to practice in the field of civil engineering as defined in Section 6731
of the California Business and Professions Code. He or she is the person directly
responsible for the project design, plan certification, and construction supervision.
DRAINAGE PLAN — means a plan which shows existing and proposed site
drainage within a property that is to be developed or rough graded. The drainage
plan shall be prepared by a registered civil engineer, an architect, or other qualified
and licensed professionals, and shall comply with the standards and requirements
of the City Engineer. If, for a given development, no grading is proposed, or the
earthwork quantity involved in the grading is below the established limit of this
ordinance, and for which a grading plan is not required, then as a minimum, a
drainage plan shall be submitted for the development.
EROSION CONTROL PLAN — means a plan prepared and signed and
stamped/sealed by a civil engineer competent in the preparation of such plans and
knowledgeable about current erosion control methods. The plan shall provide for
protection of exposed soils, prevention of discharge of sediment, and desiltation of
runoff at frequent intervals along flowage areas, at entrances to storm drains, at
entrances to streets and driveways, and at the exit of the area being graded.
EROSION CONTROL SYSTEM — means any combination of desilting
facilities, retarding basins, flow decelerates, and/or erosion protection (including
effective planning and the maintenance thereof) to protect the project site, adjacent
private property, watercourses, public facilities, graded improvements, existing
natural facilities, archaeological artifacts, and relieve waters of suspended
sediments or debris prior to discharge from the site.
GRADE -- means the vertical location of the ground surface, in relation to
a National City benchmark elevation.
MAXIMUM EXTENT PRACTICABLE or ("MEP) — means the standard
established in Clean Water Act section 402(p)(3)(B)(iii) that municipal dischargers
of storm water must meet. MEP is an acceptability standard for Best Management
Ordinance No. 2016— 4 Amending NCMC Chapter 15.70
Adopted: Appendix J of the 2016 Building Code Code (Grading)
207 of 321
Practices based on a level of pollutant reduction that can be achieved by the most
effective set of BMPs that can be implemented and still remain practicable; MEP
generally emphasizes pollution prevention and source control BMPs as the first
line of defense in combination with treatment methods as a backup.
PERMITTEE— means any person, corporation, partnership, limited liability
company, non-profit entity, joint venture, association of any type, public entity or
any other legal entity, which submits an application for a perrnit pursuant to this
Chapter.
POLLUTANT — means any agent that may cause or contribute to the
degradation of water quality, including, but not limited to, earth materials.
RAINY SEASON — means the period beginning October 1st and ending
April 30th in the next calendar year. The remainder of the year is the dry season.
RETAINING WALL PLAN — means a plan prepared by a registered civil
engineer, an architect, or other qualified professional, which shows pertinent top
and bottom of wall elevations and the wall profile, together with the existing and
proposed ground elevations and profile at the wall. The plan shall be prepared in
accordance with the requirements set forth by the City Engineer, and shall be
subject to approval by the City Engineer. The plan shall be required for walls in
excess of 3 feet (3') in height, measured from the top of the footing, to the top of
the wall, and for walls less than or equal to 3 feet (3') in height measured from the
top of the footing, to the top of the wall, supporting a surcharge or a sloped backfill.
The retaining walls shall be in accordance with the Regional Standard Drawings,
and the Standard Specifications, or shall be specially engineered.
STORM WATER CONVEYANCE SYSTEM — means private and public
drainage facilities within the city by which storm water may be conveyed to waters
of the United States, including but not limited to, streets, roads, catch basins,
natural and artificial channels, natural and artificial drainage features, aqueducts,
canyons, stream beds, gullies, curbs, gutters, ditches, and storm drains. Historic
and current development makes use of natural drainage patterns and features as
conveyances for urban runoff. Urban streams used in this manner are part of the
Storm Water Conveyance System regardless of whether they are natural, man-
made, or partially modified features.
WATERS OF 11-1t S lA TE — means any water, surface or underground,
including saline waters within the boundaries of California, including a municipal
storm sewer system (MS4).
WATERS OF THE UNITED STATES — has the same meaning as in 40
Code of Federal Regulations section 122.2.
15.70.025 Hazards and safety precautions. If, at any stage of work, the City
Engineer determines that authorized grading is likely to endanger any public or private
property or result in the deposition of debris on any public way or interfere with any existing
drainage course, the City Engineer may specify and require reasonable safety precautions
to avoid the danger. The permittee shall be responsible for removing excess soil and
debris deposited upon adjacent and downstream public or private property resulting from
permittee's grading operations. Soil and debris shall be removed and damage to adjacent
and downstream property repaired as directed by the City Engineer. Erosion and siltation
Ordinance No. 2016 - 5 Amending NCMC Chapter 15.70
Adopted: Appendix J of the 2016 Building Code Code (Grading)
208 of 321
control shall require temporary or permanent siltation basins, energy dissipaters, or other
measures as field conditions warrant, whether or not such measures are a part of
approved plans. The permittee shall incur cost associated with any work outlined in this
section.
The City Engineer shall not issue a grading permit in any case where the
City Engineer finds that the work, as proposed by the applicant, will damage any private
or public property, or interfere with any existing drainage course in a manner which may
cause damage to any adjacent property, or result in the depositing of debris on any public
way, or create an unreasonable hazard to person or property, or cause or contribute to an
exceedance of state water quality objectives, or fail to reduce pollutants from the site to
the maximum extent practicable.
15.70.030 Appendix J of the 2016 California Building Code, Section J103 Permits
Required", Subsection J103.2.1 "'Exemptions" —Amended. Section J103.2.1 of the 2016
California Building Code is amended to read as follows:
1. When approved by the City Engineer, grading in an isolated or self-
contained area, provided there is no danger to the public, and such grading will not
adversely affect adjoining properties.
15.70.035 Appendix J of the 2016 California Building Code, Section J103 "Permits
Required", Subsection J103.2.2 "Exemptions" — Amended. Section J103.2.2 of the 2016
California Building Code is amended to read as follows:
2. An excavation below finished grade for basements and footings of
a building, retaining wall or other structure authorized by a valid building permit.
This shall not exempt any fill made with the material from such excavation or
exempt any excavation having an unsupported height greater than 5 feet (1525
mm) after the completion of such structure.
15.70.040 Appendix J of the 2016 California Building Code, Section J103 "Permits
Required", Subsection J103.2.5 "Exemptions" —Amended. Section J103.2.5 of the 2016
California Building Code is amended to read as follows:
5, Excavations for wells or trenches for utilities on private property.
15.70.045 Appendix J of the 2013 California Building Code, Section J103 "Permits
Required", Subsection J103.2.6 "Exemptions" —Amended. Section J103.2.6 of the 2016
California Building Code is amended to read as follows:
6. Mining, quarrying, excavating, processing or stockpiling of rock,
sand, gravel, aggregate or clay where established and provided for by law,
provided such operations do not affect the lateral support or increase the stresses
in or pressure upon any adjacent or contiguous property, excepting the dumping
and stockpiling of dirt and rubble, which is strictly prohibited in National City.
Ordinance No. 2016— 6 Amending NCMC Chapter 15.70
Adopted: Appendix J of the 2016 Building Code Code (Grading)
209 of 321
15.70.055 Appendix J of the 2016 California Building Code, Section J103 "Permits
Required", Subsection J103.2.8 "Exemptions" —Added. Section J103.2.8 is added to the 2016
California Building Code to read as follows:
8. A fiii iess than 1 foot (305 mm) in depth and placed on natural terrain
with a slope flatter than 1 unit vertical in 5 units horizontal (20% slope), or less than
3 feet (914 mm) in depth, not intended to support structures, that does not exceed
50 cubic yards (38.3 m3) on any one lot and does not obstruct a drainage course.
15,70.060 Appendix J of the 2016 California Building Code. Section J104 "Permit
Application and Submittals", Subsection J104.5 "Engineered Grading Requirements" —Added.
Section J104.5 is added to the 2016 California Building Code to read as follows:
J104.5 Engineered Grading Requirements — Application for a grading
permit shall be accompanied by a work schedule including details of the hauling
operation, size of trucks, haul route, dust and debris control measures and time
and frequency of haul trips; four sets of plans and specifications; and two sets of
supporting data consisting of a soils engineering report, engineering geology report
(if necessary), drainage study, structural calculations, cost estimate and applicable
fees, and other pertinent information as may be required by the City Engineer and
all relevant information listed in the plan checklists as developed by the City
Engineer.
15.70.065 Appendix J of the 2016 California Building Code, Section J104 "Permit
Application and Submittals", Subsection J104.6 "'Regular Grading and Retaining Wall
Construction Requirements" —Added. Section J104.6 is added to the 2016 California Building
Code to read as follows:
J 104.6 Regular Grading and Retaining Wall Construction Requirements.
Each application for a grading or retaining wall permit shall be accompanied by
four sets of plans and specifications, in sufficient clarity, to indicate the nature and
extent of the work, as well as supporting data consisting of a soils engineering
report, engineering geology report (if necessary), drainage study, structural
calculations, cost estimate, and other pertinent information as required by the City
Engineer. All grading plans shall be prepared and signed and stamped/sealed by
a registered civil engineer and by a registered soil engineer, or registered civil
engineer competent in soils engineering. The plans shall include the following
information:
1 Location of work;
2 Name of the person who prepared the plans;
3 General vicinity of the proposed site;
4 Limiting dimensions and depth of cut and fill with input and export
values;
5 Location of any buildings or structures where work is to be
performed, and the location of any buildings or structures within 15 feet (15') of the
proposed grading;
Ordinance No. 2016 — i Amending NCMC Chapter 15.70
Adopted: Appendix J of the 2016 Building Code Code (Grading)
210 of 321
6 Ali other relevant information listed in the plan checklists as
developed by the City Engineer.
The City Engineer may waive the requirement for a grading permit
when the proposed grading is on a single lot or parcel not proposed for further
subdivision and in the opinion of the City Engineer, the proposed grading entails
no hazard to any adjacent property, does not necessitate construction of extensive
drainage structures or erosion contra! facilities, and does not interfere in any way
with existing natural or improved drainage courses or channels.
A retaining wall less than or equal to three feet (3') in height
measured from the top of the footing to the top of the wall, when no surcharge is
present, the backfill is level, and when not an integral part of a building shall be
exempt from a grading permit. However, the construction of said retaining wall
shall comply with the Regional Standard Drawings, and is subject to inspection by
the City Engineer or his/her designee.
15.70.070 Appendix J of the 2016 California Building Code, Section J104 "Permit
Application and Submittals", Subsection J104.7 "Licenses and Insurance" — Added. Section
J104.7 is added to the 2016 California Building Code to read as follows:
J104.7 Licenses and insurance. Prior to the issuance of a permit, the applicant
or the applicant's contractor shall present to the City Engineer evidence of the following:
I. Coverage of general liability insurance and worker's compensation in the
amounts required by the City Engineer. Such insurance policy shall name the City of
National City and its elected officials, officers, agents, and employees as additional
insured. The actual endorsements or policy language regarding automatic additional
insureds must be provided.
l 1. City business license, which may be obtained from the National City
Finance Department.
Appropriate state contractor license.
15.70.075 Appendix J of the 2016 California Building Code, Section J104 "permit
Application and Submittals", Subsection J 104.8 "Conditions" - Added. Section J 104.8 of the
2016 California Building Code is added to read as follows:
A. Standards. All grading, drainage, and retaining wall work done
under this ordinance shall be in accordance with the approved plans and the
conditions of the required permits. The work shall conform to the Standards of the
City of National City, the County of San Diego Regional Standard Drawings (latest
adopted edition), the Public Works Inspection Manual (latest adopted edition), the
Standard Specifications for Public Works Construction (latest adopted edition),
and any other conditions as may be determined by the City Engineer to be
applicable to the work. Deviations from the requirements of these standards may
be permitted by the City Engineer, based upon written reports and
recommendations by qualified authorities.
B. Water Quality. It shall be a condition of every permit issued under
this Chapter that the Permittee shall comply with all the provisions of the City of
Ordinance No. 2016 — 8 Amending NCMC Chapter 15.70
Adopted: Appendix J of the 2016 Building Code Code {Grading)
211 of 321
National City Watercourse Protection, Storm Water Management and Discharge
Control Ordinance in Chapter 14.22 of this Code.
C. Minimum BMPs. The BMPs required by the City of National City
Storm Water Best Management Practices Manual adopted in this Municipal Code
shall be the minimum BMPs required for issuance of a grading permit and
additional BMPs may be required by the City Engineer as a condition of issuance
of the grading permit.
D. Grading Plan Requirements. All grading plans, regardless of the
date of submittal, shall include an erosion control plan designed to limit erosion of
all disturbed portions of the property and to eliminate the transport of soil onto
adjacent properties or into streets, storm drains, or drainage ways.
E. Standard Urban Storm Water Mitigation Plan (SUSMP) Checklist.
A SUSMP checklist as created by the City Engineer shall be submitted with plans.
15.70.080 Appendix J of the 2016 California Building Code, Section J105
"Inspections", Subsection J105.3 — Added. Section J105.3 is added to the California Building
Code to read as follows:
J105.3 The Permittee or his agent shall notify the City Engineer:
A. Initial inspection (pre -construction conference) - when he is ready
to begin grading and not less than forty-eight (48) hours before any grading is to
be commenced. The pre -construction meeting shall be attended by the owner of
the property, the soils engineer and the engineering geologist (when necessary)
the design engineer, the grading contractor, and the building and engineer
inspectors.
B. Toe of fill inspection. After the natural ground is exposed and
prepared to receive fill, but before any fill is placed.
C. Excavation Inspection - After excavation is started, but before the
vertical depth of the excavation exceeds 10 feet.
D. Fill Inspection. After fill and placement is started, but before the
vertical height of the lifts exceeds 10 feet.
E. Drainage Device Inspection - Before and after forms and
reinforcement are in place, but before any concrete is placed.
F. Rough Grading. Upon completion of all rough grading, including
installation of all drainage structures and other protective devices, at least twenty-
four hours before inspection is to be made.
G. Final Inspection. Upon completion and approval by the project Civil
Engineer and Soils Engineer of all work shown on the plans and the permit
including the installation of all drainage or other structures.
H. In addition to the above, inspections for retaining walls shall be per
the San Diego County Regional Standard Drawings or special Engineering.
I. Modification of approved plans, if changes are to be made in the
approved plans during construction, the applicant, or his agent, shall submit an
engineering change order to the inspector or to the City Engineer, for review and
approval.
Ordinance No. 2016 — 9 Amending NCMC Chapter 15.70
Adopted: Appendix J of the 2016 Building Code Code (Grading)
212 of 321
15.70.085 Appendix J of the 2016 California Building Code, Section J106
"Excavations", Subsection J106.1.2 "Exceptions' — Deleted. Appendix J of the 2016 California
Building Code, Section J106.1.2 "Exceptions" is deleted.
15.70.090 Appendix J of the 2016 California Building Code, Section J107 "Fills„
Subsection 1 "General" — Deleted. Appendix J of the 2016 California Building Code, Section
J107 "Fills", Subsection 1 "General" is deleted.
15.70.095 Appendix J of the 2016 California Building Code, Section J107 "Fills',
Subsection 2 "Surface Preparation" — Amended. Subsection J107.2 of the 2016 California
Building Code is amended to read as follows:
J107.2 Surface Preparation. Fill slopes shall not be constructed on natural
slopes steeper than 1 unit vertical in 2 units horizontal (50% slope). The ground
surface shall be prepared to receive fill by removing vegetation, non -complying fill,
topsoil and other unsuitable materials scarifying to provide a bond with the new fill
and, where slopes are steeper than 1 unit vertical in 5 units horizontal (20% slope)
and the height is greater than 5 feet (1524 mm), by benching into sound bedrock
or other competent material as determined by the soils engineer. The bench under
the toe of fill shall be at least 10 feet (3048 mm) wide. The area beyond the toe of
fill shall be at least 10 ft (3048 mm) wide but the cut shall be made before placing
the fill and acceptance by the soils engineer or engineering geologist or both, as a
suitable foundation for fill.
15.70.100 Appendix J of the 2016California Building Code, Section J107 "Fills"%
Subsection J107.4 "Fill material" — Amended. Subsection J107.4 of the 2016 California Building
Code is amended to read as follows:
J107.4 Fill material. Organic material shall not be permitted in fills. Except
as permitted by the City Engineer, no rock or similar irreducible material with a
maximum dimension greater than 12 inches (305 mm) shall be buried or placed in
fills.
Exception: The City Engineer may permit placement of larger rock when
the soils engineer properly devises a method of placement, and continuously
inspects its placement and approved the fill stability. The following conditions shall
also apply:
1. Prior to issuance of the grading permit, potential rock
disposal areas shall be delineated on the grading plan.
2. Rock sizes greater than 12 inches (305 mm) in maximum
dimension shall be 10 feet (3048 mm) or more below grade, measured vertically.
3. Rocks shall be placed so as to assure filling of all voids with
well -graded soil.
15.70.105 Appendix J of the 2016 California Building Code, Section J108
"Setbacks", Subsection J108.1 "General" — Amended. Subsection J108.1 of the 2016 California
Building Code is amended to read as follows'
Ordinance No. 2016— 10 Amending NCMC Chapter 15.70
Adopted: Appendix J of the 2016 Building Code Code (Grading)
213 of 321
J108.1 General, Cut and fill slopes shall be set back from the property
lines in accordance with this section. Setback dimensions shall be measured
perpendicular to the property line and shall be as shown in amended FIGURE
J108.1 as shown in this Chapter.
15.70.110 Appendix J of the 2016 California Building Code, Section J108, "Setbacks",
Subsection J108.2 "Top of Slope" —Amended. Subsection J108.2 of the 2016 California
Building Code is amended to read as follows:
J108.2 Top of slope. The setback at the top of a cut slope shall not be
Tess than that shown in amended Figure J108.1 as shown in this chapter. or than
is required to accommodate any required interceptor drains, whichever is greater.
15.70.115 Appendix J of the 2016 California Building Code, Section J108 "Setbacks",
Figure J108.1, "Drainage Dimensions" — Amended. Figure J108.1 of the 2016 California
Building Code is amended to read as follows:
Amended Fiat** J11>s i
Drsinr DIi elOde
Pr'opy Line
1 but 2 It. (10
rnrn} minimum and
need not excel
10 ft 3048 mtn'
d
K2Ott 211 f6W
a `l4l.' 4F `e
r' f,} ThfrmuIYl arbd
20 1 16fSfk nu) i
•
Nil rri ish fired
C9lt 1'I�
Property Line
ller iOf (NORIO teiuired
15.70.120 Appendix J of the 2016 Caiifomia Building Code, Section J108 "Setbacks",
Subsection J108.3 "Slope Protection" Amended. Subsection J108.3 of the 2016 Building
Code is amended to read as follows:
Ordinance No. 2016 - 1 1 Amending NCMC Chapter 15.70
Adopted: Appendix J of the 2016 Building Code Code (Grading)
214 of 321
J108.3 Slope Protection. The toe of fill slope shali be made not nearer to
the site boundary line than one half the height of the slope with a minimum of 2
feet (610 mm) and a maximum of 20 feet (6096 mm). Where a fill slope is to be
located near the site boundary and the adjacent off -site property is developed,
special precautions shall be incorporated in the work as the City Engineer deems
necessary to protect the adjoining property from damage as a result of such
grading. These precautions may include but are not limited to:
1. Additional setbacks.
2. Provision for retaining or slough walls.
3. Mechanical or chemical treatment of the fill slope surface to
minimize erosion.
4. Provisions for the control of surface waters.
15.70.125 Appendix J of the 2016 California Building Code, Section J109 "Drainage
and Terracing", Subsection J109.4 "Drainage across property lines" — Amended. Subsection
J109.4 of the 2016 California Building Code is amended to read as follows:
J109.4 Drainage Across property lines. Surface runoff shall not be
permitted to flow from one lot to another, unless proper drainage agreements
between affected property owners are executed and submitted to the City
Engineer. Such agreements shall be subject to approval by the City Engineer, and
recorded prior to issuance of the grading permit.
15.70.130 Appendix J of the 2016 California Building Code, Section J109 "Drainage and
Terracing", Subsection J109.5 "Surface Run-off Interception" —Added. Subsection J109.5 is
added to the 2016 California Building Code to read as follows:
J 109.5 Surface Run-off interception Surface run-off from new landscaping
areas shall be intercepted by and directed to approved drainage facilities.
15.70.135 Appendix J of the 2016 California Building Code, Section J109 "Drainage
and Terracing", Subsection J109.6 "Easements and Encumbrances" — Added. Subsection
J109.6 is added to the 2016 Caiifornia Building Code is added to read as follows:
J109.6 Easements and Encumbrances. For all private water courses where
the continuous functioning of the drainageway is essential to the protection and
use of multiple properties, a covenant, a maintenance agreement, and/or deed
restriction shall be recorded by the applicant, placing the responsibility for the
maintenance of the drainageway(s) on the owners of record of each respective lot
affected. Permanent off -site drainage easements, as required by the City
Engineer, shall be acquired by the applicant. Such easements shall be subject to
approval by the City Engineer and recorded prior to issuance of the grading permit.
15.70.140 Appendix J of the California Building Code, Section J110 "Erosion Control",
Subsection J110.33 "Storm Water Erosion and Sediment' —Added. Subsection J110.3 is
added to the 2016 California Building Code to read as follows:
Ordinance No. 2016— 12 Amending NCMC Chapter 15.70
Adopted: Appendix J of the 2016 Building Code Code (Grading)
215 of 321
J11O.3 Stormwater Erosion and Sediment.
A. Plans for an erosion control system shall be prepared and
submitted for the review and approval of the City Engineer as a part of any
application for a grading permit. The erosion control system shall comply with the
requirements of the latest National Pollutant Discharge Elimination System permit
and Chapter 14.22 of this Code to satisfy the requirements for erosion control and
eliminate the discharge of sediment and pollutants. The erosion control plan shall
include, but not be limited to, the following information:
1. Name, address, and a twenty -four-hour phone number of
the owner or responsible party, and the person or contractor responsible for
installing and maintaining the erosion control system and performing emergency
erosion control work;
2. The name, address, and signature of the Civil Engineer or
person who prepared the plan;
3. All desilting basins, debris basins, silt traps, and other
desilting, velocity retarding and protection facilities necessary to adequately
protect the site and downstream properties from erosion and its effects, preserve
natural hydrologic features, and preserve riparian buffers and corridors;
4. The streets, easements, drains, and other improvements;
5. The location and placement of gravel bags, diverters, check
dams, slope planting, drains, and other erosion controlling devices and measures;
6. Access routes to all such erosion control facilities and how
access shall be maintained during inclement weather.
B. Erosion control system standards shall be as follows:
1. The faces of cut -and -fill slopes and the project site shall be
prepared and maintained to control against erosion. Where cut slopes are not
subject to erosion due to the erosion -resistant character of the materials, such
protection may be omitted upon approval of the City Engineer.
2. Where necessary, temporary and/or permanent erosion
control devices such as desilting basins, check dams, cribbing, riprap, or other
devices or methods as approved by the City Engineer, shall be employed to control
erosion, prevent discharge of sediment, and provide safety.
3. Temporary desilting basins constructed of compacted earth
shall be compacted to a relative compaction of ninety percent of maximum density.
A gravel bag or plastic spillway must be installed for overflow, as designed by the
engineer of work, to avoid failure of the earthen dam. A soils engineering report
prepared by the Soils Engineer, including the type of field-testing performed,
location and results of testing shall be submitted to the City Engineer for approval
upon completion of the desilting basins.
4. Desilting facilities shall be provided at drainage outlets from
the graded site, and shall be designed to provide a desilting capacity capable of
containing the anticipated runoff for a period of time adequate to allow reasonable
settlement of suspended particles.
5. Desilting basins shall be constructed around the perimeter
of projects, whenever feasible, and shall provide improved maintenance access
Ordinance No. 2016 - 13 Amending NCMC Chapter 15.70
Adopted: Appendix J of the 2016 Building Code Code (Grading)
216 of 321
from paved roads during wet weather. Grading cost estimates must include
maintenance and ultimate removal costs for temporary desilting basins.
6. The erosion control provisions shall take into account
drainage patterns during the current and future phases of grading.
7. Ail removable protective devices shown shall be in place at
the end of each working day when there is a fifty percent chance of rain within a
forty-eight hour period. !f the Permittee does not provide the required installation
or maintenance of erosion control structures within two hours of notification at the
twenty-four hour number on the plans, the City Engineer may order City crews to
do the work or may issue contracts for such work and charge the cost of this work
along with reasonable overhead charges to the cash deposits or other instruments
implemented for this work without further notification to the owner. No additional
work on the project except erosion control work may be performed until the
Permittee restores the full amount drawn from the deposit.
8. At any time of year, an inactive site shall be fully protected
from erosion and discharges of sediment. Flat areas with less than five percent
grade shall be fully covered unless sediment control is provided through desiltation
basins at all project discharge points. A site is considered inactive if construction
activities have ceased for a period of ten or more consecutive days.
9. Permittee shall implement the following minimum erosion
prevention methods to minimize the erosion potential:
a. If feasible, Permittee shall grade only during the dry
season, especially in areas at high risk for erosion.
b. Permittee shall minimize the length of time that soils
are left exposed to elements of wind and water.
c. If grading must occur during the rainy season, the
total area of exposed soil shall be reduced during the rainy season.
d. Critical areas, such as drainage channels, streams,
and natural watercourses shall be properly protected.
e. Exposed areas shall be stabilized as quickly as
feasible.
f. Sufficient waste disposal facilities shall be provided
for all proposed activities.
9-
materials and equipment.
h. Permittee shall ensure that materials used for
erosion and sediment control are on site at all times during the rainy season.
All slopes shall be protected against erosion and any
unstable slopes shall be stabilized.
j. Erosion prevention shall be considered the most
important erosion control measure with sediment controls as a backup.
10. During Dry Season (May 1 through September 30),
Permittee shall implement the following minimum erosion prevention methods to
minimize the erosion potential:
a. Adequate perimeter protection BMPs must be
installed and maintained.
Sufficient storage facilities shall be provided for all
Ordinance No. 2016 — 14 Amending NCMC Chapter 15.70
Adopted: Appendix J of the 2016 Building Code Code (Grading)
217 of 321
b. Adequate sediment control BMPs must be installed
and maintained.
c. Adequate BMPs designed to control off -site
sediment tracking must be installed and maintained.
d. At a minimum, 125% of the materials needed to
install standby BMPs necessary to completely protect exposed portions of the site
from erosion and prevent sediment discharges must be stored on the site.
e. An approved "weather triggered" response plan is
mandated for implementation in the event that a predicted storm event has a 50%
chance of rain. The proponent must have the capacity to deploy the standby BMPs
within 48 hours of the predicted storm event.
f. All slopes must be equipped with erosion prevention
BMPs as soon as slopes are completed for any portion of the site.
g. Cleared or graded areas left exposed at any given
time are limited to the amount of acreage that the project proponent can
adequately protect prior to a predicted storm event.
11. During Wet Season (October 1 through April 30), Permittee
shall implement the following BMPs, in addition to the Dry Season Requirements:
a. Perimeter protection and sediment control BMPs
must be upgraded if necessary to provide sufficient protection for storms.
b. Adequate erosion prevention BMPs must be
installed and established for all completed slopes prior to October 1 and
maintained throughout the wet season. If a BMP fails, it must be repaired,
improved, or replaced with an acceptable alternate as soon as it is safe to do so.
c. The amount of exposed soil allowed at one time shall
not exceed standby erosion and sediment control BMP capacity.
d. An incomplete disturbed area that is not being
actively graded must be fully protected from erosion if left for 10 days or more.
12. BMP Maintenance. Ai! BMPs for erosion prevention and
sediment control shall be functional at all times. Prior to the rainy season and after
each major storm, all source control and structural treatment BMPs shall be
inspected by the Permittee to assure the functionality and effectiveness. Proper
BMP maintenance shalt be conducted throughout the life of the project.
13. No grading shall be allowed from October 1st thru the
following April 30th on any site if the City Engineer determines that erosion,
mudflow or sediment of silt discharge may adversely affect water quality,
downstream properties, drainage courses, storm drains, streets, easements, or
public or private facilities or improvements unless an approved erosion control
system has been implemented on the site. If the City determines that it is
necessary for the City to cause erosion control measures to be installed or cleanup
to be done, the Permittee shall pay all of the City's direct and indirect costs
including extra inspection, supervision, and reasonable overhead charges.
14. Preservation of Natural Hydrologic Features, Riparian
Buffers and Corridors. All natural hydrologic features and riparian buffer zones and
corridors must be preserved to eliminate or minimize runoff from construction sites.
Ordinance No. 2016 — 15 Amending NCMC Chapter 15.70
Adopted: Appendix .1 of the 2016 RuiIding Code Code (Grading)
218 of 321
15. Phased Grading. Grading shall be phased whenever the
City Engineer finds that phasing is feasible and necessary to protect the Waters of
the State. Areas that are cleared and graded shall be minimized to only portions
of the site that are necessary for construction, and the exposure time of disturbed
soil areas shall be minimized.
16. Cleared or graded areas left exposed at any given time are
limited to the amount of acreage that the project proponent can adequately protect
prior to a predicted storm event or 17 acres, whichever is smaller, unless the
disturbance of a larger area is approved in writing by the City engineer. In the event
that a project proponent requests approval to disturb an area greater than 17
acres, the project proponent shall first submit to the City Engineer, written
documentation describing how it will ensure that discharges of pollutants are
reduced to the Maximum Extent Practicable (MEP) and prevents discharges of
pollutants that would cause or contribute to a violation of water quality standards
despite the larger disturbed area.
17. Advanced Treatment.
a. Treatment for sediment is required. For the purpose
of this requirement, exceptional threat to water quality shall be defined as a site,
which meets all of the following, except as provided in number 16 above:
1. A portion of the site is located within or
directly adjacent to receiving waters listed on the CWA Section 303(d) list of Water
Quality Limited Segments as impaired for sedimentation or turbidity;
2. Disturbance is greater than five acres,
including all phases of the development;
3. Disturbed slopes are steeper than 4:1
(horizontal: vertical), higher than 10 feet, and drain to the 303(d) listed receiving
water;
4. Contains a predominance of soils with
USDA-NRCS Erosion factors if greater than or equal to 0.4.
Alternatively, applicants may perform a RUSLE or IVIUSLE
analysis to prove to the City Engineer's satisfaction that advanced treatment is not
required.
b. Even if based on the criteria in number 16, above,
advanced treatment would not ordinarily be required, advanced treatment may be
required at the discretion of the City Engineer based on a record of noncompliance.
c. Treatment effluent water quality shall meet or
exceed the water quality objectives for turbidity, pH, toxicity, and any other
parameter deemed necessary by the City Engineer, as listed in the Water Quality
Control Plan for the San Diego Basin for inland surface waters and lagoons and
estuaries for the appropriate hydrologic unit.
d. Applicant shall provide design, operations and
maintenance schedule, monitoring plan, certification of training of staff to the
satisfaction of the City Engineer.
18. Establishment of Permanent Vegetation.
a. General. The face of all cut and fill slopes, in excess
of 3 feet in vertical height, but only final slopes of any borrow pit, sha!l be panted
Ordinance No. 2016 - 16 Amending NCMC Chapter 15.70
Adopted: Appendix J of the 2016 Building Code Code (Grading)
219 of 321
and maintained with a ground cover or otner planting to protect the slopes against
erosion and instability. Planting shall commence as soon as slopes are completed
on any portion of the site and shall be established upon all slopes prior to the final
approval of the grading. !n order to minimize the period during which a cut or filled
surface remains exposed, such planting shail provide for rapid short-term coverage
of the slope as well as long-term permanent coverage. Planting materials and
procedures shall conform to regulations adopted by the City Engineer. The City
Engineer may approve other plant materials as specified by a landscape architect.
The Permittee shall maintain such planting until it is well established as determined
by the City Engineer.
b. Minimum Requirements. In addition to planting with
ground cover, slopes in excess of fifteen (15) feet in vertical height shall be planted
with shrubs in 2 1/4 inch pots or trees having a one (1) gallon minimum size at ten
(10) feet on center in both directions on the slope. The City Engineer may vary the
plant and planting pattern, but not the quantity, upon the recommendation of
landscape architect and approval.
c. Where cut slopes are not subject to erosion due to
their rocky character or where the slopes are protected with pneumatically applied
concrete mortar or otherwise treated to protect against erosion and instability to
the satisfaction of the City Engineer, the requirement of this subsection may be
waived by the City Engineer.
d. The City Engineer may require the applicant to
temporarily stabilize and reseed disturbed soil areas to protect the Waters of the
State. If grass or ground cover is not established by the beginning of the wet
season, temporary erosion control measures such as erosion control mats or
blankets shall be installed on the slopes. If grass or ground cover is not established
by the beginning of the wet season, temporary erosion control measures such as
erosion control mats or blankets shall be installed on the slopes.
19. irrigation System Requirements.
a. General. Except for agricultural grading permits, all
slopes to be constructed, but only final s!cpes of any borrow pit, shall be provided
with an irrigation system which shall be used by the Permittee to promote the
growth of plants to protect the slopes against erosion. The Permittee shall be
responsible for installation and maintenance of the irrigation system until the City
Engineer determines that the system has been properly installed and meets the
minimum requirements of this section. When the City Engineer finds that a slope
less than fifteen (1 b) feet in height is located in an area as to make hand watering
possible, conveniently located hose bibs may be accepted in lieu of the required
irrigation system when a hose no longer than fifty (50) feet would be required.
b. Minimum Requirements (1) Plans for the irrigation
system shall be in accordance with San Diego Regional Standard Specifications
for Sprinkler Irrigation Systems and shall be approved by the National City. City
Engineer prior to installation. (2) The irrigation system shall be located relative to
existing and proposed property lines to insure that the irrigation system and the
slopes sprinkled thereby will both be within the same property boundaries. The
irrigation system shall be supplied or be readily converted so as to be supplied
Ordinance No. 2016 — 17
Amending NCMC Chapter 15.70
Adopted: Appendix J of the 2016 Building Gode Code (Grading)
220 of 321
through the metered water service line serving each individual property. (3) The
irrigation system shall provide uniform coverage for the slope area at a rate of not
less than 0.03 inches per hour, nor greater than 0.30 inches per hour. A functional
test of the irrigation systems shall be performed to the satisfaction of the City
Engineer prior to final approval of the grading. (4) A check valve and balance cock
shall be installed in the system where drainage from sprinkler heads will create an
erosion problem. (5) Adequate back flow protection devices shall be installed in
each irrigation system. Such devices shall be protected against physical damage
during construction operations.
20. Waiver Of Planting And Irrigation Requirements. The City
Engineer may modify or waive the requirements for planting and/or irrigation
systems if he/she finds that said requirements would be unreasonable or
unnecessary for any of the following reasons: (a) the area is subject to periodic
inundation, or (b) water is unavailable to the area such that irrigation would be
impractical or impossible, or (c) the area is naturally devoid of vegetation.
21. General Construction Permit Requirements.
a. Notice of Intent. Permittees required to comply with
the State Construction General Storm Water Permit shall maintain on site and
make available for inspection on request by the City any state -issued Waste
Discharge Identification Number (WDID) for the site, and a copy of the Notice of
Intent (NOI) filed with the State Water Resources Control Board (SWRCB)
pursuant to that permit.
b. Storm Water Pollution Prevention Plan. Permittees
required to prepare a SWPPP under the State General Construction Storm Water
Permit must prepare the Plan, implement the Plan and maintain it at the site,
readily available for review. Failure to comply with an applicable state -required
SWPPP is a violation of this Chapter.
c. Facility Monitoring. Permittees required to conduct
monitoring under the State Construction General Storm Water Permit must
conduct such monitoring in conformance with requirements specified by the State,
retain records of such monitoring on site, and make such records available for
inspection by the City Engineer.
15.70.145 Grading fees. The plan review and permit fees shall be assessed in
accordance with the current City of National City Fee Schedule.
15.70.146 Work commencing prior to permit issuance — Added. Any person who
commences any work where an engineering permit is required prior to obtaining the necessary
permits shall be subject to an administrative penalty fee equal to the amount of the permit fee
that would be required by this code if a permit were to be issued. The administrative penalty fee
is in addition to a permit fee. The payment of such administrative penalty shall not exempt any
person from compliance with all other provisions of this code or from any penalty prescribed by
law.
15.70.150 Completion of work. Final approval shall not be given, grading securities
shall not be released, and a notice of completion or certificate of use and occupancy shall not
Ordinance No. 2016 — 18 Amending NCMC Chapter 15.70
Adopted: Appendix J of the 2016 Building Code Code (Grading)
221 of 321
be issued, until all work, including installation of all drainage facilities and their protective
devices, and all erosion -control measures have been completed in accordance with the final
approved grading plan, and the required reports and the as -built plans have been submitted.
15.70.155 Rough grading permit. When grading is to be performed on a property for
which no prior site development plans have been approved, and on which no other construction
is proposed, the applicant shall obtain special approval of the City Engineer, as well as the
principal planner for such grading. The rough -grading permit thus issued shall be subject to the
special requirements of both the city engineer and the principal planner.
15.70.160 Parking lots. Existing or new parking lots, which are exempted from the
requirements of a grading permit, shall be paved or resurfaced in accordance with an approved
drainage plan.
15.70.165 Bonds. The city engineer shall require a surety bond in the amount of
one hundred percent (100%) of the engineers' cost estimate to ensure that the work, if not
completed in accordance with the approved plans and specifications, will be corrected to
eliminate any potentially hazardous conditions.
In lieu of a surety bond the applicant may file a cash deposit or instrument of
credit with the city engineer in an amount equal to that which would be required in the surety
bond.
15.70.170 Violation a misdemeanor. Any person who commences or does any
grading in violation of this chapter is guilty of a misdemeanor. Every day that a violation of this
chapter is committed, continued or permitted to exist is a separate violation, punishable as
provided in this code.
15.70.175 Board of Appeals. In order to hear and decide appeals of orders,
decisions, or determinations of the Building Official relative to the application and interpretation
of this code, the City Council shall appoint an ad hoc board of appeals comprised of three (3)
members who are qualified by experience and training to pass judgment upon matters
pertaining to building codes, regulations, and ordinances, and who are not employees of the
City. Board members shall serve at the pleasure of the City Council. The Board shall comply
with Rosenberg's Rules of Order in conducting their business, and shall render written decisions
and findings to the appellant with a copy to the City Engineer. Decisions of the board may be
appealed to the City Council by the appellant or by the City Engineer within thirty (30) days of
the decision of the board, by the filing of a written notice of appeal with the City Engineer stating
the reasons for the appeal, The person filing the appeal and the opposing party shall be given at
least ten (10) days' notice of the time and place of the hearing on the appeal.
PASSED and ADOPTED this day of 2016.
Ordinance No. 2016 —
19
Ron Morrison, Mayor
Amending NCMC Chapter 15.70
Adopted: Appendix J of the 2016 Building Code Code (Grading)
222 of 321
ATTEST: APPROVED AS TO FORM:
Michael R. Della, City Clerk George H. Eiser, III
Interim City Attorney
Ordinance No. 2016 — 20 Amending NCMC Chapter 15.70
Adopted: Appendix .l of the 2016 F3uilding Code Code (Grading)
223 of 321
CC/CDC-HA Agenda
1/17/2017 — Page 224
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 Green Code. In
addition to all Appendices related to these codes. (Fire/Building)
224 of 321
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: January 17, 2017
AGENDA ITEM NO.
ITEM TITLE:
An Ordinance of the City Council of the City of National City adopting the 2016 California Green Code.
In addition to all Appendices related to these codes.
PREPARED BY: Buis Sainz/Building DEPARTMENT: au:
PHONE: 336-421 A
EXPLANATION:
This report is intended to provide the Mayor and City Council with a brief over -view of significant technical
changes to the 2016 California Green Code. A copy of the 2016 California Green Code is on file in the Building
Official's office.
APP
State law requires that the City of National City adopt the same model codes as the State of California and limit
technical amendments to those necessitated due to local topographical, geographical, or climatic conditions.
Specific findings regarding 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 order to simplify construction in National City, staff is recommending
that the code be adopted with minimal revisions.
FINANCIAL STATEMENT:
ACCOUNT NO. [N/A
ENVIRONMENTAL REVIEW:
IN/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adoption
BOARD 1 COMMISSION RECOMMENDATION:
[N/�l
ATTACHMENTS:
Explanation
225 of 321
Staff Report on the Adoption of the 2016 California Building Standards Code
The California Health and Safety Code Section 17922 requires that each jurisdiction in the state
adopt the most recent edition of the California Building Standards Code within 180 days of
publication. If it is not adopted by a jurisdiction it has the force of law 180 days after publication.
A jurisdiction may propose amendments, addition and deletions to those codes. When adopting
the California Building Standards Code a jurisdiction may establish more restrictive standards
reasonably necessary based on climatic, geological and topographical conditions.
This year the California Building Standards Commission published the 2016 California Building
Standards Codes which are based on the 2015 International Building Code, 2015 International
Residential Code, 2015 Uniform EVlechanical Code, 2014 National Electrical Code and the 2015
Uniform Plumbing Code.
The Building Division recommends adoption of the 2016 California Building Codes w th the
following change to the National City Municipal Code, Chapter 15.04, Section 15.08.075
pertaining to the City Council's Authority under Title 15.
15.08.075 Chapter 1, Division II, Section 113 "Board of Appeals", Subsection 113.1
"General" — Amended. Section 113.1 of the 2016 California Code is amended to read as follows:
Section 113.1 Board of Appeals. In order to hear and decide appeals of orders, decisions,
or determinations of the Building Official relative to the application and interpretation of this
code, the City Council shall appoint an ad hoc Board of Appeals comprised of three (3) members
who are qualifies by experience and training to pass upon matters pertaining to building
construction and who are not employees of the City. Board members shall serve at the pleasure
of the City Council. The board shall comply with Rosenberg's Rules of Order in conducting their
business, and shall render written decisions and findings to the appellant with a copy to the
Building Official within thirty (30) days of the decision of the Board, by the filing of a written
notice or appeal with the Director of Emergency Services stating the reasons for the appeal. The
person filing the appeal and the opposing party shall be given at least ten (10) days' written notice
of the time and place of the haring on the appeal.
Upcoming actions will include a Public Hearing and Final Adoption of the Ordinances, currently
scheduled for the City Council Meeting on January 17, 2017.
226 of 321
CC/CDC-HA Agenda
1/17/2017 — Page 227
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 Mechanical Code.
In addition to all Appendices related to these codes. (Fire/Building)
227 of 321
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: January 17, 2017
AGENDA ITEM NO.
ITEM TITLE:
An Ordinance of the City Council of the City of National City adopting the 2016 California Mechanical
Code. In addition to all Appendices related to these codes.
PREPARED BY: ,Luis Sainz/Building Official DEPARTMENT: Building
PHONE: I336_42 1 4I
EXPLANATION:
This report is intended to provide the Mayor and City Council with a brief over -view of significant technical
changes to the 2016 California Mechanical Code. A copy of the 2016 California Mechanical Code is on file in the
Building Official's office.
State Iaw requires that the City of National City adopt the same model codes as the State of California and limit
technical amendments to those necessitated due to local topographical, geographical, or climatic conditions.
Specific findings regarding local technical amendments must be made by the local jurisdiction and filed with the
Department of Housing and Community Development. State Iaw does not restrict local amendments to the
administrative provisions of the codes. In order to simplify construction in National City, staff is recommending
that the code be adopted with minimal revisions.
FINANCIAL STATEMENT:
ACCOUNT NO. (NIA
ENVIRONMENTAL REVIEW:
INJP
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED: Finance
APPROVED: MIS
STAFF RECOMMENDATION:
Adoption
BOARD 1 COMMISSION RECOMMENDATION:
!N1t
ATTACHMENTS:
Explanation
228 of 321
Staff Report on the Adoption of the 2016 California Building Standards Code
TheTh California Health and Safety Code Section 17922 requires that each jurisdiction in the state
ti..aiii'�iriiia i ��u ��
adopt the most recent edition of the California Building Standards Code within 180 days of
publication. If it is not adopted by a jurisdiction it has the force of law 180 days after publication.
A jurisdiction may propose amendments, addition and deletions to those codes. When adopting
the California Building Standards Code a jurisdiction may establish more restrictive standards
reasonably necessary based on climatic, geological and topographical conditions.
This year the California Building Standards Commission published the 2016 California Building
Standards Codes which are based on the 2015 International Building Code, 2015 International
Residential Code, 2015 Uniform Mechanical Code, 2014 National Electrical Code and the 2015
Uniform Plumbing Code.
The Building Division recommends adoption of the 2016 California Building Codes with the
following change to the National City Municipal Code, Chapter 15.04, Section 15.08.075
pertaining to the City Council's Authority under Title 15.
15.08.075 Chapter 1, Division II, Section 113 "Board of Appeals", Subsection 113.1
"General" —Amended. Section 113.1 of the 2016 California Code is amended to read as follows:
Section 113.1 Board of Appeals. In order to hear and decide appeals of orders, decisions,
or determinations of the Building Official relative to the application and interpretation of this
code, the City Council shall appoint an ad hoc Board of Appeals comprised of three (3) members
who are qualifies by experience and training to pass upon matters pertaining to building
construction and who are not employees of the City. Board members shall serve at the pleasure
of the City Council. The board shall comply with Rosenberg's Rules of Order in conducting their
business, and shall render written decisions and findings to the appellant with a copy to the
Building Official within thirty (30) days of the decision of the Board, by the filing of a written
notice of appeal with the Director of Emergency Services stating the reasons for the appeal. The
person filingthe appeal and the opposing party shall be given at least ten (10) days' written notice
of the time and place of the haring on the appeal.
Upcoming actions will include a Public Hearing and Final Adoption of the Ordinances, currently
scheduled for the City Council Meeting on January 17, 2017.
229 of 321
CC/CDC-HA Agenda
1/17/2017 — Page 230
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 Plumbing Code.
In addition to all Appendices related to these codes. (Fire/Building)
230 of 321
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: January 17, 2017
ITEM TITLE:
An Ordinance of the City Council of the City of National City adopting the 2016 California Plumbing
Code. In addition to all Appendices related to these codes.
AGENDA ITEM NO.
PREPARED BY: Lis Sainz/Bui!ding Official! DEPARTMENT: Building
PHONE: 036-421 4
EXPLANATION:
This report is intended to provide the Mayor and City Council with a brief over -view of significant technical
changes to the 2016 California Plumbing Code. A copy of the 2016 California Plumbing Code is on file in the
Building Official's office.
APPROV,
State law requires that the City of National City adopt the same model codes as the State of California and limit
technical amendments to those necessitated due to local topographical, geographical, or climatic conditions.
Specific findings regarding 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 order to simplify construction in National City, staff is recommending
that the code be adopted with minimal revisions.
FINANCIAL STATEMENT:
ACCOUNT NO. NA
ENVIRONMENTAL REVIEW:
IN/AI
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
56
Finance
MIS
STAFF RECOMMENDATION:
Adoption
BOARD I COMMISSION RECOMMENDATION:
;NIA
ATTACHMENTS:
Explanation
231 of 321
Staff Report on the Adoption of the 2016 California Building Standards Code
The California Health and Safety Code Section 17922 requires that each jurisdiction in the state
adopt the most recent edition of the California Building Standards Code within 180 days of
publication. If it is not adopted by a jurisdiction it has the force of law 180 days after publication.
A jurisdiction may propose amendments, addition and deletions to those codes. When adopting
the California Building Standards Code a jurisdiction may establish more restrictive standards
reasonably necessary based on climatic, geological and topographical conditions.
This year the California Building Standards Commission published the 2016 California Building
Standards Codes which are based on the 2015 International Building Code, 2015 international
Residential Code, 2015 Uniform Mechanical Code, 2014 National Electrical Code and the 2015
Uniform Plumbing Code.
The Building Division recommends adoption of the 2016 California Building Codes with the
following change to the National City Municipal Code, Chapter 15.04, Section 15.08.075
pertaining to the City Council's Authority under Title 15.
15.08.075 Chapter 1, Division 11, Section 113 "Board of Appeals", Subsection 113.1
"General" — Amended. Section 113.1 of the 2016 California Code is amended to read as follows:
Section 113.1 Board of Appeals. In order to hear and decide appeals of orders, decisions,
or determinations of the Building Official relative to the application and interpretation of this
code, the City Council shall appoint an ad hoc Board of Appeals comprised of three (3) members
who are qualifies by experience and training to pass upon matters pertaining to building
construction and who are not employees of the City. Board members shall serve at the pleasure
of the City Council. The board shall comply with Rosenberg's Rules of Order in conducting their
business, and shall render written decisions and findings to the appellant with a copy to the
Building Official within thirty (30) days of the decision of the Board, by the filing of a written
notice of appeal with the Director of Emergency Services stating the reasons for the appeal. The
person filing the appeal and the opposing party shall be given at least ten (10) days' written notice
of the time and place of the haring on the appeal.
Upcoming actions will include a Public Hearing and Final Adoption of the Ordinances, currently
scheduled for the City Council Meeting on January 17, 2017.
232 of 321
CC/CDC-HA Agenda
1/17/2017 — Page 233
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 Residential Code.
In addition to all Appendices related to these codes. (Fire/Building)
233 of 321
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: January 17, 2017
AGENDA ITEM NO.
ITEM TITLE:
An Ordinance of the City Council of the City of National City adopting the 2016 California Residential
Code. In addition to all Appendices related to these codes.
PREPARED BY: !Luis Sainz/Building OfficiaDEPARTMENT: B
PHONE: 1336-4214, APPROVED BY:
EXPLANATION:
This report is intended to provide the Mayor and City Council with a brief over -view of significant technical
changes to the 2016 California Residential Code. A copy of the 2016 California Residential Code is on file in the
Building Official's office.
State law requires that the City of National City adopt the same model codes as the State of California and limit
technical amendments to those necessitated due to local topographical, geographical, or climatic conditions.
Specific findings regarding 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 order to simplify construction in National City, staff is recommending
that the code be adopted with minimal revisions.
FINANCIAL STATEMENT:
ACCOUNT NO. NIA
ENVIRONMENTAL REVIEW:
INI
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adoption
BOARD / COMMISSION RECOMMENDATION:
IN/AI
ATTACHMENTS:
Explanation
234 of 321
Staff Report on the Adoption of the 2016 California Building Standards Code
The California Health and Safety Code Section 17922 requires that each jurisdiction in the state
adopt the most recent edition of the California Building Standards Code within 180 days of
publication. if it is not adopted by a jurisdiction, it has the force of law 180 days after publication.
A jurisdiction may propose amendments, addition and deletions to those codes. When adopting
the California Building Standards Code a jurisdiction may establish more restrictive standards
reasonably necessary based on climatic, geological and topographical conditions.
This year the California Building Standards Commission published the 2015 California Building
Standards Codes which are based on the 2015 International Building Code, 2015 International
Residential Code, 2015 Uniform Mechanical Code, 2014 National Electrical Code and the 2015
Uniform Plumbing Code.
The Building Division recommends adoption of the 2016 California Building Codes with the
following change to the National City Municipal Code, Chapter 15.04, Section 15.08.075
pertaining to the City Council's Authority under Title 15.
15.08.075 Chapter 1, Division I!, Section 113 "Board of Appeals", Subsection 113.1
"General" —Amended. Section 113.1 of the 2016 California Code is amended to read as follows:
Section 113.1 Board of Appeals. !n order to hear and decide appeals of orders, decisions,
or determinations of the Building Official relative to the application and interpretation of this
code, the City Council shall appoint an ad hoc Board of Appeals comprised of three (3) members
who are qualifies by experience and training to pass upon matters pertaining to building
construction and who are not employees of the City. Board members shall serve at the pleasure
of the City Council. The board shall comply with Rosenberg's Rules of Order in conducting their
business, and shall render written decisions and findings to the appellant with a copy to the
Building Official within thirty (30) days of the decision of the Board, by the filing of a written
notice of appeal with the Director of Emergency Services stating the reasons for the appeai. The
person filingthe appeal and the opposing party shall be given at least ten (10) days' written notice
of the time and place of the haring on the appeal.
Upcoming actions will include a Public Hearing and Final Adoption of the Ordinances, currently
scheduled for the City Council Meeting on January 17, 2017,
235 of 321
CC/CDC-HA Agenda
1/17/2017 — Page 236
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City approving a 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) (Plannin
236 of 321
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: January 17, 2017
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City approving a Conditional Use Permit for a craft
beer tasting room (Ernbarcadero Brewing) to be located at 340 West 26« Street, Suite "D" (Applicant:
Jorge Molina) (Case File 2016-21 CUP)
PREPARED BY: Martin Reeder, AICP
PHONE: 336-4313
EXPLANATION:
DEPARTMENT:
APPROVED BY:
the City Council conducted a public hearing on this item at the December 6, 2016 City Council meeting.
Council asked staff to return with a resolution of approval based on the recommended Conditions of
Approval presented at the public hearing, including the waiver of the recommended conditions number 8
and 9. The waived conditions required that total alcohol sales not exceed total sales of other products sold
on site (No. 8) and that alcohol only be available with the sale of food (No. 9).
The attached resolution is needed to take action on the item.
FINANCIAL STATEMENT: APPROVED: Finance
ACCOUNT NO. ; APPROVED: MIS
1
ENVIRONMENTAL REVIEW:
Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities)
ORDINANCE: INTRODUCTION:
FINAL ADOPTION: r 1
STAFF RECOMMENDATION:
Adopt the Resolution
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
Resolution
237 of 321
CC/CDC-HA Agenda
1/17/2017 — Page 238
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City approving the vacation of 250 feet of "A"
Avenue located south of East 28th Street and north of East 29th Street. (Applicant:
Frank Motors) (Case File No. 2013-23 SC) (Planning)
238 of 321
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: January 17, 2017
AGENDA ITEM NO.
ITEM TITLE:
[Resolution of the City Council of the City of National City approving the vacation of 250 feet of "A" Avenue
located south of East 28' Street and north of East 29t" Street. (Applicant: Frank Motors) (Case File No. 2013-
23 SC).
PREPARED BY: 'Martin Reeder, AICP :_h ``s _ _ DEPARTMEN
PHONE: 819-336-4313 APPROVED B
EXPLANATION:
The City Council held public hearings between December 16, 2014 and December 6, 2016. At the
December 16th meeting the Council asked staff to bring back a resolution to approve the street vacation
(closure) based on findings for approval presented at that and previous public hearings.
The attached resolution is needed to take action on the item.
The Order to Vacate will be brought back on a subsequent agenda. The reason is so that the applicant can
secure funding for the required traffic signal, which is only necessary if "A" Avenue is vacated. Condition
number 22 allows for the Subaru Superstore to be completed and opened for business prior to the street
vacation and for the new traffic signal to be installed at a later date, but prior to the vacation being ordered.
FINANCIAL STATEMENT:
ACCOUNT NO.
1
APPROVED:
APPROVED:
ENVIRONMENTAL REVIEW:
[Exempt pursuant to CEQA, Section 15305 (Minor Alterations in Land Use Limitations)
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
BOARD 1 COMMISSION RECOMMENDATION:
Exempt pursuant to CEQA, Section 15305 Minor Alterations in Land Use Limitations, Class 5. The street and
alley vacation do not result in any changes in land use.
ATTACHMENTS:
Resolution
239 of 321
CC/CDC-HA Agenda
1/17/2017 — Page 240
The following page(s) contain the backup material for Agenda Item: Presentation of draft
ranking of nonconforming uses in the Westside Specific Plan area and commencement of
60-day public review period for purposes of the affirmative termination by amortization
of nonconforming uses. (Planning)
240 of 321
CITY OF NATIONAL CITY, CALIFORNIA
CITY COUNCIL AGENDA STATEMENT
MEETING DATE: January 17, 2017 AGENDA ITEM NO.
ITEM TITLE:
Presentation of draft ranking of nonconforming uses in the Westside Specific Plan area and
commencement of 60-day public review period for purposes of the affirmative termination by amortization
of nonconforming uses. (Planning)
PREPARED BY: Raymond Pe
PHONE: 4421
EXPLANATION:
DEPARTMENT: Planning
APPROVED BY:
On April 19, 2016, the City Council directed staff to proceed with the ranking update and amortization of
nonconforming uses in the Westside Specific Plan area. The draft ranking is an initial step in the process
to implement the termination by amortization of nonconforming uses in the Westside Specific Plan area.
After a 60-day public review period, the draft ranking would be revised as needed and finalized to reflect
any new information received. Pursuant to Council direction, staff will meet with property and business
owners of the top ten on the final ranking and proceed with the amortization of up to five nonconforming
uses depending on available resources. The consultant budget and scope of work allows for the
amortization of up to five nonconforming uses. The Planning Commission would hold a public hearing to
consider the affirmative termination of nonconforming uses before making a recommendation to the City
Council, which would also hold a public hearing before taking final action to order the termination of any
nonconforming uses.
FINANCIAL STATEMENT:
Not Applicable.
ACCOUNT NO.
APPROVED: Finance
ENVIRONMENTAL REVIEW:
No further action is required under the California Environmental Quality Act since the action, as defined
by CEQA, is not considered a project that has the potential to result in either a direct or indirect physical
change in the environment.
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Direct staff to: 1) provide notice to property/business owners of the top 20 nonconforming uses on the
draft ranking; 2) commence a 60-day public review period of the draft ranking; 3) revise the draft ranking
as needed; 4) meet with the top 10 on the final ranking; 4) and proceed with the amortization of up to 5
nonconforming uses.
BOARD / COMMISSION RECOMMENDATION:
Not Applicable.
ATTACHMENTS:
1. Background Report.
2. Draft Ranking.
241 of 321
ATTACHMENT 1
BACKGROUND REPORT
In 2006, Council adopted an ordinance (NCMC 18.11.100.D) providing for the affirmative
termination of nonconforming uses by amortization. In 2010, Council adopted the Westside
Specific Plan with new zoning resulting in the creation of a number of nonconforming uses
that previously had been established under earlier zoning. In 2011, Council approved the
amortization ranking process, which was developed by the U.S. Environmental Protection
Agency in collaboration with the City and stakeholders.
In 2012, Council initiated the first use of the ranking process to create a prioritized list of
nonconforming uses. Subsequently, staff met with property and business owners of the top
ten on the ranking and recommended the affirmative termination of two of the nonconforming
uses. In 2013, after public hearings and recommendations from the Planning Commission,
Council approved amortization periods for the two nonconforming uses. In 2015, the property
and business owners complied with the Council orders to terminate the nonconforming uses,
and the properties are now in compliance with zoning in the Westside Specific Plan.
On April 19, 2016, Council directed staff to proceed with an update of the ranking and to
continue with the amortization of nonconforming uses in the Westside Specific Plan area.
The draft ranking has been completed, and staff is recommending commencement of a 60-
day public review period followed by meetings with the top ten on the final ranking and the
amortization of up to five nonconforming uses. The estimated timeline for the amortization
process is as follows:
• January 2017 — Release draft ranking of nonconforming uses for 60-day public review.
• January to March 2017 — Receive public input and update draft ranking as needed.
• March 2017 — Finalize ranking.
• March to April 2017 — Meet with property and business owners of the top ten ranking
nonconforming uses.
• April/May 2017 — Planning Commission public hearing and recommendation to City
Council to consider the affirmative termination by amortization of up to five
nonconforming uses.
• May/June 2017 — City Council public hearing and consideration of Planning
Commission recommendation.
• June/July 2017 — City Council consideration of resolution ordering the affirmative
termination by amortization of nonconforming land uses.
• June/July 2017 — Amortization period for nonconforming uses commences with the
orders to terminate.
242 of 321
DRAFT AMORTIZATION RANKING
TOP 20 NON -CONFORMING USES
Score
Nov. 3, 2016
Rank Order
Group Weights
0.400
0.600
1.000
Name
Address
Business
Operation
Score
Neighborhood
Impact Score
Ranking
Score
559-105-01
Southland Transmission and Residential
1905 Wilson Ave, #7
81
57
67
1
560-143-37
Jose's Auto Electric
105 W. 18th St
82
56
66
2
560-202-01
S&S Welding Corporation
140 W. 18th St
80
53
64
3
559-085-05
M&T Auto Repair Automatic
Transmissions
1731 Wilson Ave
66
57
61
4
559-104-14
Momax Truck Driving School
302 W. 19th St, Suite C
61
.
56
58
5
560-143-27
Southland Auto Body
141 W. 18th St
73
_
45
56
6
559-084-12
DeFrance Printing
320 W. 17th St
62
_
51
55
7
559-064-16
Loya Contractors
339 W. 16th St
87
28
52
8
560-142-14
West Coast Truck Service
201 W. 18th St
52
_ 46
48
9
560-065-08
San Diego Medical Transportation
1516 Roosevelt Ave
67
36
48
10
560-061-13
Southland Transmission / Baxter's
Machine Shop
1400 Hoover Ave
77
29
1
48
11
555-111-07
E-Z Spring and Stamping
231 W. 11th St
72
31
48
12
560-142-09
C&W Diving Services, Inc./West Diving
Services
1706 Hoover Ave
5(3
42
d8
13
559-101-02
Horn's Welding
1840 Wilson Ave
38
,21 7
14
559-033-02
Transmission Supply & Rebuild
338 W. 12th St
35
, ;;
15
559-032-11
SAF Collision Center, Inc
420 W. 12th St
4
35
!7
16
560 202 09
Greenwald's Autobody and Frameworks
1814 Roosevelt Ave
60
37
46
17
555-104-14
Puppet Safari
326 W. 11th St
74
27
46
18
555-105-13
Dan Fab
1110 Harding Ave
74
_ 27
46
18
560-065-10
Cuevas (Unpermitted business,
unknown)
104 W. 15th Street
66
32
46
20
243 of 321
CC/CDC-HA Agenda
1/17/2017 — Page 244
The following page(s) contain the backup material for Agenda Item: Request by Alliance
San Diego for the City Council to pass a Resolution in Support of Creating a Welcoming
Community for All Residents. (City Manager)
244 of 321
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: January 17, 2017
AGENDA ITEM NO.
ITEM TITLE:
Request by Alliance San Diego for the City Council to pass a Resolution in Support of Creating a Welcoming
Community for All Residents
PREPARED BY: Leslie Deese, City Manager DEPARTMENT: City Manager
PHONE: 619.336.4240 APPROVED BY:
EXPLANATION:
At the December 6, 2016 City Council meeting, C;ounciimember Sotelo-Solis requested staff return with an
agenda item on Creating a Welcoming Community, previously the Building Welcoming Communities Campaign.
The request is from the organization Alliance San Diego to consider a resolution that in part, declares National
City to be a Welcoming City that serves and protects its residents regardless of their immigration status.
Alliance San Diego is a community empowerment organization that builds coalitions to promote justice and social
change.
FINANCIAL STATEMENT:
ACCOUNT NO. Jjk
ENVIRONMENTAL REVIEW:
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED: Finance
APPROVED: MIS
STAFF RECOMMENDATION:
City Council consider a request to adopt a resolution in support of creating a Welcoming Community for All
Residents
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1) Letter of request from Alliance San Diego
2) Draft resolution in support of creating a welcoming community for all residents
3) Resolution of support from the City of Seattle, Washington
4) ILRC information on Local Options for Pro ' ' -)rants
245 of 321
alliance
January 4, 2017
National City City Council
1 243 National City Blvd.
National City, CA 91950
Re: Creating a Welcoming Community for All Residents
Dear Mayor Ron Morrison and Esteemed Council Members,
On behalf of Alliance San Diego, a community empowerment organization with a voter base
of 80,000, I write to ask the City Council to pass a resolution that declares National City to
be a Welcoming City that serves and protects its residents.
immigrants and refugees have long enriched the city of National City. According to the US
Census Data, National City is home to nearly 25,000 immigrants and refugees, who
represent nearly two out of every five of the city's residents and approximately 71% of all
house holds speak a language other than English at home. These community members
grow businesses, strengthen the economy, create jobs, and serve as leaders in churches,
organizations, schools and other community venues. We are grateful that National City has
long recognized this and has been a leader in the border region when it comes to building
trust with the immigrant community.
Unfortunately, over the last two years, we have heard an increase in hateful rhetoric from
public figures directed towards immigrant and refugee communities, and seen a number of
anti -immigrant and anti -refugee legislation at the federal level. Locally, our partners have
also witnessed an increase in hate crimes and hate speech. Such incident are creating fear
in our communities, and further isolating immigrants and refugees, a fear that is only
exacerbated by campaign promises that threaten deportation and separation of families.
Additionally, in the border region, national policies that direct federal agencies, including
Customs and Border Protection (CBP) and immigration Customs Enforcement (ICE), lead to
racial profiling, and the infringement of civil rights, diminishing the quality of life of
residents in National City, The Department of Homeland Security, which houses CBP and
ICE, is exempt from the federal guidelines on racial and identity profiling established by the
Department of Justice, which makes individuals in our region vulnerable to profiling
activities that have been rejected in our state and across the nation. CBP is also able to stop
individuals at checkpoints within 100 miles of the border, and enter onto private property
within 25 miles of the border, without establishing suspicion of wrongdoing as is normally
required under the Fourth Amendment. Immigration officers are allowed to engage in
warrantless interrogations of a "person believed to be an alien", further contributing to fear
in our communities.
A#ikariceSari •1.1i;_tp! Drtli3ti51i9r 11117411j11 1 Tdr Ili ,>{7l?S u.
Sa�lY,'j??r9J
246 of 321
lance
SA DIEGO
Given the current political climate and the unique circumstances of being a border region,
we feel that now more than ever it is important for local officials to take a public stance to
protect their community members from the hateful rhetoric, anti -immigrant and anti -
refugee legislation at the national level, and border policies that infringe upon the civil
rights of their residents. By passing a resolution that declares National City a Welcoming
City, ensuring that city employees will not inquire after an individual's immigration status,
guaranteeing that city services are accessible to all residents regardless of their
immigration status, and taking a stance against federal policies that infringe upon the rights
of border residents, it sends a strong message to residents that the contributions of
immigrants and refugees are important, and that all residents, regardless of where they
come from, are welcome in National City.
Thank you for your consideration. We appreciate your commitment to immigrant families
and leadership in making our region one where all community members are able to thrive.
Sincerely,
Christian Ramirez
Human Rights Director,
k''P,E ice. II_ 17 2{1
WWW.ALLIA10E O.ORG
247 of 321
National City Council Resolution in Support of Creating a Welcoming Community for
All Residents
WHEREAS, National City has a rich and proud history of diversity that has been shaped by
the cultural and economic contributions of immigrants from around the world, and
immigrants and refugees continue to be vital to our shared prosperity as a City;
WHEREAS, National City is home to nearly 25,000 immigrants and refugees, which
represents nearly two out of every five of the city's residents, and approximately 71% of all
households speak a language other than English at home;
WHEREAS, the City of National City is uniquely situated in the heart of a booming
binational region, just miles from the worlds, busiest land border crossing, which has
fostered economic, social, and cultural ties across the border;
WHEREAS, in the border region, national policies that direct federal agencies, including
Customs and Border Protection and Immigration and Customs Enforcement, lead to racial
profiling and the infringement of civil rights, diminishing the quality of life of residents in
National City;
WHEREAS, the City of National City recognizes that all people are deserving of assurance of
the basic principles of equity and human rights, guaranteed to all people by the United
States Constitution and the Bill of Rights;
BE IT RESOLVED, that the City of National City declares National City to be a Welcoming
City that serves and protects its residents by ensuring that employees of National City will
not inquire into the immigration status of any resident and will serve all residents, and that
city services will be accessible to all residents, regardless of immigration status;
BE IT FURTHER RESOLVED that City Council directs City departments and urges local
businesses, and charitable organizations to work with refugee and immigrant
organizations to help provide services to families relocating to the City of National City and
integrating into our communities;
AND BE IT FURTHER RESOLVED that the City of National City calls upon the President and
Congress to do the following:
1. LIMIT POWERS WITHOUT WARRANT by enacting legislation that amends MSC
1357 (a) to reflect the same limitations on warrantless law enforcement activities
that apply across the country and adhere to constitutional protections.
2. LIMIT JURISDICTION within which officers can exercise the limited power without
warranty amending federal regulation 8 CFR 287.1 to a distance by what is strictly
necessary, is supported by clear, articulable facts related to national security, and is
determined in consultation with local government and local communities through public
hearings.
248 of 321
3. LIMIT PROFILING by issuing new agency guidance or enacting legislation that
prohibits profiling in all routine immigration enforcement, without exception for the
border region, and clarifies the limits on profiling in a non -routine enforcement.
249 of 321
�I1
City of Seattle
Office of the Mayor
City of Seattle
Edward B. Murray; Mayor
Exee Order 2015-08: An Executive Order reaffirming existing policies and providing guidance
to City employees on protecting immigrants' access to police protection and public services and
establishing an "Inclusive and Equitable City Cabinet" to coordinate city efforts to protect the civil
liberties and civil rights of all Seattle residents.
WHEREAS, Seattle is a welcoming city that serves and protects its residents regardless of their
immigration status; and
WHEREAS, in Seattle, all people, including immigrants, are valued contributors and are vital to our
shared prosperity; and
WHEREAS, Seattle fosters a culture and policy environment that makes it possible for Seattle to
be a vibrant, global city where our immigrant and refugee residents tan fully participate in and be
integrated into the social, civic, and economic fabric of their adopted city; and
WHEREAS, nearly one in five Seattle residents is an immigrant or refugee and 129 languages are
spoken in our public schools; and
WHEREAS, Washington's population grew by 40,000 unauthorized residents between 2009 and
2014, making our state cne of just six in the country with a growing unauthorized population
eluring .a time when :cumbers have decreased nationally; and
WHEREAS, Washington is the countrl/s 8-' largest refugee -receiving state and a majority of the
estimated 3,000 new arrivals each year are re -settled in Seattle -King County; and
WHEREAS, 100,000 Muslim residents are proud to call Washington their home and live peacefully
as our neighbors, colleagues, and friends; and
WHEREAS, more than 28,E unauthorized youth in Washington received temporary status
through the Deferred Action for Childhood Arrivals (DACA) program and they deserve an
opportunity to have a bright futare and to contribute their time and talent to make Seattle a city
of innovation and growth;* '
NOW THEREFORE, I, EDWARD B. MURRAY, Mayor of Seattle, hereby reaffirm the City's
commitment to be a welcoming city for ail Seattle residents by ordering the following actions:
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Section 1. City employees will not ask about immigration status. Seattle Ordinance 121063 passed
in 2003 instructs all City employees to refrain from inquiring about the immigration status of any
person except police officers where police officers have a reasonable suspicion that a person is
committing or has committed a felony criminal -taw violation.
Section 2. City employees will serve all residents and city services will be accessible to ail residents,
regardless of immigration status. Seattle Resolution 30672 passed in 2004 reaffirms Ordinance
121063 and states that City agencies and law enforcement cannot withhold services based on
several identities, including ancestry, race, ethnicity, national origin, color, age, sex, sexual
orientation, gender variance, marital status, physical or mental disability, or religion.
Section 3. City employees will defer detainer requests from the U.S. Department of Homeland
Security's Immigration and Customs Enforcement (ICE) to King County. Because jails are in King
County's jurisdiction and enforcing civil federal immigration violations are in the purview of the
U.S. Department of Homeland Security, City department directors are hereby directed to comply
with the City's practice to defer to King County on all ICE detainer requests. King County Ordinance
17886 passed in 2014 clarifies that the County will only honor 10E detainer requests that are
accompanied by a criminal warrant issued by a federal judge or magistrate.
Section 4. City department directors will use tools at their disposal, including meetings and
trainings, to direct their staff to comply with the City's and County's policies described above. A
communication will be issued by City departments to their staff by January 31, 2017.
Section 5. City departments will issue a letter to all contractors receiving General Fund dollars to
clarify and inform about the policies described above. A communication will be issued by City
departments to their contractors by January 31, 2017.
Section 6. An 'inclusive and Equitable City Cabinet" is hereby established. Deputy Mayor Hyeok
Kim shall lead and coordinate efforts across City departments and provide oversight and
evaluation of outcomes.
a. The following Departments shall be primary members of the "inclusive and
Equitable City Cabinet":
• Seattle Police Department
• Office of Civil Rights
• Office of Immigrant and Refugee Affairs
• Department of Neighborhoods
• Office of Economic Development
• Office of Policy and Innovation
• City Budget Office
• Office of Intergovernmental Relations
• Department of Education and Early Learning
• Seattle Human Services Department
• Office of Labor Standards
• Seattle City Attorney's Office (Ex-Officio)
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b. The goal of the "Inclusive and Equitable City Cabinet" will be to coordinate City
efforts to protect the civil liberties and civil rights of all Seattle residents and
provide supportive services and information as necessary to communities of
color, people with disabilities, women, LGBTQ residents, people who are low-
income, immigrants and refugees in light of potential changes in federal
Government policy and operations.
Section 7. The "inclusive and Equitable City Cabinet" is hereby directed to implement the
following:
a. Develop a programmatic investment strategy for $250,000 in funding
included in the 4th Quarter Supplemental Budget of 2016 to directly
address the needs of unauthorized immigrant children and family
members within the Seattle Public Schools system.
b. Develop a comprehensive public awareness effort around anti -hate
speech and hate crimes. •
c. Conduct a comprehensive review of potential implications on City
Departments — policy or financial — given direction and available
information about any new initiatives and intent of the incoming
Presidential administration.
d. Collaborate with immigrant and refugee community stakeholders and
community based organizations to Identify any new or expanded efforts
for partnership with the City and specifically the Office of immigrant and
Refugee Affairs and identification of priority needs.
e. Develop a forum for regional coordination with other cities in King County
as well as Pierce and Snohomish Counties to share knowledge and
Information about the City's efforts.
f. Develop a specific agenda and action plan for the Mayor to take to the
West Coast Mayor's Summit in San Francisco in December and to the US
Conference of Mayors in Washington DC in January to build a coalition
of inclusive and equitable cities in support of immigrants and their civil
rights and civil liberties.
Inquiries by City departments and offices regarding this Executive Order should be directed to
Deputy Mayor Hyeok Kim at (2O6) 684-5360.
Dated this 23'4 day of November, 2016
3
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HUI OPTIONS FOR
PROTEOTIN1 11111100411
A COLLECTION OF COY & COUNTY POLICIES TO. PROTECT
IMMIGRANTSFROM DISCRIMINATION AND .DEPORTATION
LENA GRADER J ANGIE JUNCK I NIKKI MARQUEZ
F
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TABLE OF
CONT
INTRODUCTION
COUNTY & JAIL PROVISIONS
CRIMINAL LEGAL PROVISIONS
CITY ppowsioNs
pOTHE THINGS CITIES &
COUNTIES CAN DO
APPING LOCAL AUTHORITIES
MODE RESOURCES +
CONTACT THE AUTHORS
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LOGAL OPTIONS
FOR PROTECTING
IMMIGRANTS
In response to President-elect Donald Trump's promise to
deport two to three million immigrants when he takes office,
many cities and counties across the United States are seeking
to enact local policies (often referred to as "sanctuary" or
"welcoming") to protect their immigrant residents.
These policies seek to keep immigrant communities safe,
ensure that all individuals are treated equally (regardless of
immigration status) devote local resources to local
priorities, and uphold the Constitution.
At the forefront of this battle is when the local criminal legal
system cooperates with Immigration & Customs Enforcement
(ICE). many local law enforcement agencies voluntarily offer
assistance to ICE at theirown expense.
Cities and counties have no legal obligation to help enforce
federal immigration laws. In ceasing this voluntary
cooperation, cities and counties can take important steps today
to ensure that they do not.serve as a pipeline to deportation.
This resource identifies and explains some key provisions that
cities and counties can enact in order to protect immigrants from
discrimination and deportation.
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yY 1 rfd 'HHTrY/I/hM��
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COUNTY b JAIL
PROVISIONS
In the majority of states in America, police departments take primary
responsibility for patrolling cities and towns, while sheriffs manage and operate
county jails. When police arrest a person, unless they are released very quickly,
they will be brought to the county jail, run by the sheriff. Most people are turned
over to ICE for deportation from these jails.
Therefore, the county jail's policies regarding assistance to ICE is where a
local policy can have the greatest impact on deportation.
The following items are elements that advocates should consider in seeking to
build a local policy that will prevent a simple police stop from being the gateway
to deportation.
I. No 287(g) program
The 287(g) program is an agreement between Department of Homeland Security (OHS) and
certain law -enforcement agencies to allow lDcal or State -law enforcement officers to have
some authortty-to enforce civil imrnigrationlaws.: Under 227(g), local law enforcement are
indistinguishable from federal immigration authorities, and imm grants may eiskclepOrtation
proceedings as a result of any contact with law enforcement agents. Currently only about
32 agencies in the country participate do 287().. Ending or preuienting a 287(g) program is
necessary to enacting any local sanctuary -type politer:
2. No Intergovernmental Service Agreement (IGSA)
An IGSA is a contract between a local jail and ICE to detain immigrants in deportation
proceedings. Many counties male money off inirriigration detention, although iri sorne
cases, the counties actually lose money and are subsidizing ICE. Mien a local jail has an
IGSA, immigrants May get transferred directly to ICE detention without due process.
Individuals are often held ill immiigration detention for months without any -guarantee of a
lawyer or other basic rights. There Is no legal obligation for localities to enter into
Immigratic n dletentii-m contracts;
For a list of immigration detention centers, see.
www.endisolation.orglresourcesfim igratlon-detentionf
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COUNTY Er JAIL
PROVISIONS
3, No detention on ICE
holds to facilitate transfer
to ICE
No jail should prolong die detention of an
immiarant who 'Is otherwnse due for release under
state law on the basis of an ICE Mild or ICE
detainer. This practice has been found
unconstitutional or illegal by several federal
courts
See a summary of the court decisions here
baps:/!vvww.rlrc.orgiimmi motion -detainers -legal•
update-october-2016
See a legal memo with further analysis here:
hops llwww.ilrc orgllegal-analysts-immigration-
detainers
4, General prohibitions
on s t, nc- or joint
pools with IGE
Local state as + enforcement have no
authority to stop or arrest individuals based on
imrmgtatiori status :bt sus eoted cii il.
immigration viola/ians: Nor is there any
obligation for officars tc assist 1C to
immigration enforcernte t; whether'that
in volves_providthglCE:wth information or: ,..
conducting::•pint arrests or raids
Real Policies in
Practice
i. "EffectrveThursday, June 12 the Newsom County
Sheriff's Office will no longer Hanoi U S immigration 1.
and Customs Enforcerrterrt.detainer s absentJudicval t'
authority"
u. It i i the policy of the county to only honor civil
Immigration hold requests from United States ,
Immigration and CustomsEntorcement•for individuals
ihat ale accompanied by a criminal warrant issued by a
U S • District Court judge or magistrate.
irr Effective immediately, we no longer detain
individuals based solely on a federal immigration •
detainer (form I.247) A recent federal courtruling in
Oregon makes it clear that these forms are not
. mandatory, but merely requests. Accordingly, we have
no lawful reason to detain individuals who are
otherwise releasable based'onthe issuance of an IC;L
detainer individuals having a valid arrest 3van-ant
issued :by other junsdictron. or feIerai:agertcy may -
Oil be tletamed according to .out currant prtttoci l •
Sul Policies
in Practice
- t. Ito Iota enforcement agency dot the State of Oregorildi
of any political subdivisionof the:state shell use agency
moneys; equiarrent ei personnel for -the purpose of
detecting Or apprefiertding tiersoris whose -only 'Oblation
of tavv rs thatthey are arsons of foreigncitlzerishrp
present Insane United States in violation of federal
imirriigration.Iaws
11 Officers .shall not contact ICE or CBP frfr cissisto.{lce
OR the basis ola suspects Or arrestee's race. ethnicity
national rigs► ,.oractual or suspected immigration
Officers shall not prolong any stop In order to
investigate immigration status or le allow.CEP or ICE to
investigate immigration status
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COUNTY fr JAIL
PROVISIONS
5, No ICE agents or
officers in jails
Although local law enforcement agencies have no -
obligation to assist ICE, ICE agents often have
unfettered access to detainees, databases, and in
some jails even have desks and offices of their
own within the local Jail, In others, they visit daily
or multiple times per week. ICE. agents may get
access to the booking information of individuals
(which includes foreign birth and address), and
sometimes are able to log in directly to the jail's
databases.
Given this broad access to jail data and people in
custody, ICE rs able to interrogate people who are
detained about their immigration status or place of
birth, often doing so in a threatening and coercive
way, and then uses this information to deport
them. Often due to abusive, deceptive ICE
practices, Jurisdictions have determined that they
will not let ICE into the secure area of the Oil to
interrogate inmates. Others have established
procedures for individuals to give knownig
consent hero re agreeing to slid' ICE MterViews.
6. Don't ask about
immigration -status or
place of birth
Immigration status is irrelevant to criminality
and to tegular enforcement Of criminal lawor
protection of public safety. ,Many Jurisdictions
prohibit inquiring into rrrtn<itgratiori status by
local law enforcenientor other -agencies,
particularly in order to mitigate potential- racial
or ethnic profiling
Peal Policies in
Practice
The Distnci shalt not provide to any ICE agent an office,
booth, or any facility or equipment tor a generalized
search of Cn inquiry abou i inmates of permit an ICE agen .
to conduct an individualized interview of an inmate without
giving the inmate an opportunity to have counsel present
it. In advance of any interview between ICE and an
individual in local law enforcement custody regarding civil
immigration violations, the local raw enforcement entity
shall provide the individual with awritien cot iseiit form that
explains the purpose of the interview, that the interview is
voluntary, and that he or she may decline to he
interviewed or may choose to be interviewed only with his
or her attorney present
The written consent form shall be available in English,
Spanish, Chinese., Tagalog, Vietnamese. an Korean The
written consent form shall also be available in any
additional languages that meet the county threshold as
dettned in subdivision(d) of Section 128552 of the Health
and Safety Code if certified translations in those
languages are Made available to the -focal Jaw
enforcement agency at no cast
Peal Policies
in Practice
is Do•not ask the detainee about hisiher immigration
status or place of birth
11, [Officers] may not inquire about a person's civil
irtunigratiori status unless civil immigration status is
necessary to the engorng investigation of a cnr final
offense, It rs rmpottant to emphasize that personal
characteristiSs are not a reason to. ask about civil
immigration status.
iu Acceptable forms of identification, which must include.a
photograph of the individual, include, but are not limited to
driver's licenses frorp any t3 S state or foreign country,
government -issued IDs by a US Junsdiction, fotetgn passports,
and consular ID cards An individual should not be stopped or
'detained solely for the purpose of establishing his or her
identity {Officers] may utilize federal databases in attempts to
establish an individual'sidentity [Officers] shall utiizefederal
databases in attempts to establish an individual's idlennty only
when all other attempts to identify the person have failed
Contact with federal authorities made to determine an
individual's identity is restricted to the purpose of determining
his or her identity
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COUNTY fr JAIL
PPOVISIONS
7_ No notifications of
release dates
In some places that will not agree to detain
immigrants for an ICE arrest, ICE sends a request
for notice of release date, so that they can arrive
in time to seize the .person exactly when they
would be leaving the jail. This practice has the
exact same effect as the other ICE detainer .
request -- it turns the jail into a pipeline to
depoitation and undermines local law
enforcement's ability to engage with immigrant
communities. Stopping this practice is, therefore,
important for any sanctuary -type policy.
Real Policies in
Practice
i. Unless ICE agents have a criminal warrant, or County
officials have a legitimate law enforcement purpose.that is
wt related to the eriforceiiient of immigration laws, ICE
agents shall not be given access to individuals or allowed
to use. County facilities for iriv.estigatve intemews or other
purposes, and County personnel shall not expend their
tone responding to ICE inquiries. or communicating with
ICE.regarding individuals` Incarceration status or release
dates while on duty
u 1 The department (snail not honor a civil irnmigi ation
detainer by (i) holding a person beyond she time when
such person would otherwise be released from the
departments custody, except for such reasonable time as
is necessary to conduct the search specified in paragraph
two of this subdivision, a (ii) notifying federal immigrason
authonites of _such person's release
lu, No department, agency, commission, officer, or
employee of the City and Courityof San Francisco shall
use any Cwitinds.or.resources to assistrn the
enforcemrient of FedetaFimmigratidn law or to gather of
dr&serrina information regarding the irtngi5ratiori or ..
release states of ,individuals or any other such personal
tnfirr#nation as defined rtr Chapter 124 in the City and
County of San Francisco un;es$ sudi assistance is
re.itiircd by ; acleral or State statute, regulation, or court
decision
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CRIMINAL LEGAL
DPOVISION.5
?. Provisions to Protect !zeal Policies in
Equal Rights for
Immigrants in Criminal
Courts
Because of perceived lack of immigration status,
immigrants are often discriminated against within
the criminal legal system. To the nght are some
provisions related to ensuring that immigrants
have equal access to bail, Jail alternatives
treatment programs, and other protections in the
criminal legal process so that they can have fair
and just outcomes of their criminal case. This in
turn may mitigate the risk of deportation...
These exarnples are not exhaustive of issues
affecting immigrants within the cnminal legal
process.
Criminal Courts
Crirrinial.courts have adtity to administer
Justice fairly and impartially. To die right are
some provisions to ensure tthatcnin final courts
do not ^ai:,°A.` mine e aa'aritsst immiz:a-.`^ s and
afford them due process,
•
Practice
i Any inmate who has indable charges upon
admission shall be allowed to post bond to secure his
ar het release An immigration detainer request or an
administrative warrant shall not inhibit an in mate's
ability to post bond.
ii. inmates with an ICE detainer will be sent to court tot
their commitment charge(s) as a straight/out court
appearance in the event all local charges are disposed
of, the inmate will not be returned to the Correctional
facilities
m. Neither the Illinois Department or Corrections Poi
any other State of Illinois law enforcement agency
may consider an immigration detainer tit.
adrrirnistrative immigration Wartarrt in determining an
individual's eligibility or placement in any educational,
rehabilitative, cu divetsionaryptograrri described in
Chapter 730 of the Illinois Compiled Statutes r» any
outer educational, rehabilitative or diversionary
prorirarn administered by a-iaw enforcement agency.
Peal •Policies
in Practice
It is the policy of the King County Superior Court that
warrants tarthe arrest of igdividuals:basetl on their
rrrimtgraiion status.sbail not be executed within ay of
the.i:ing County'Supenor court courtrooms unless
diteotiy ordered by the presiding Judicial oft1cei and shall
be cirsnauraged in the King Coti:11y Superior Court
cautthousesunless the p.ublic'ssafety is at immediate
risk . •-
Procedural prbtectstas; Stop -courts from in.uuirtng into
immigration status and to provide warnings about
possibleimtnigratlon cortsequericee.of.a plea, e.g: CA
Penal Caste 1016.5•
-
see also http_ifimmdefense.orgiwp-
contentluptoads12011f11ilDP J +dicral lnquiry_Into 'Stat
us Jaai2O.111.pdf
See also http.#lwq ow irr+mdetense orgiwp-
contentlupleads120,1if1L'p:ostpadiilaFi NLALN av2011. pdf
263 of 321
CRIMINAL LEGAL
PROVISIONS
3. Criminal Defenders
Criminal defenders have a constitutional duty
under the Sixth Amendment of the U.S.
Constitution to affirmatively and competently
advise of the immigration consequences of
cnrninal offenses Because even misdemeanor
offenses can have devastating immigration
consequences, it is crucial that defenders be
armed with the resources to comply with this
duty
4. Prosecutors
Similarly, prosecutors should adopt written
local policies andfor practices where they
consider the immigration consequences to the
defendant and their family during plea
negotiations. This can help result in a criminal
case outcome that will mitigate or prevent
deportation or other.immigration
consequences. Even the US Supreme -Court
has stated that such consideration can only be
beneficial for both parties Prosecutors may
also voluntarily share information with ICE or
report -people :to ICE and these practices
should be prohibited,
3. U Viso Policies
One simple thing thatlocal and state law
enforcement, prosecutors, judges, and certain
other agencies can do, is establish polic-les and
protocols for signing U visa cettiftcatons
A U Visa is immigration relief forvictirs of
certain crimes who have been, or are likely to
be, helpful to law enforcement in the
investigation or prosecution of a crime 'that can
lead to a green card.
The first step in applying for a I) visa is to
obtain a U Visa certification from one of the
aforementioned agencies
Real Policies in
Practice
Sample Policy Language Defense counsel shall
provide accurate and affirmative advice about the
immigration consequences and when consistent with
the goals of the defendant shall defend against those
consequences
Sample model
w+rWwilrcorgisitesitdefauitif+lesiresourceslprotocuis for_e
rosuring_effective_defense_of noncitizen_defendants in
ca_oct 2t]__b.pdt
Peal Policies
in Practice
Sample Language The prosecution, in the interests of
justice, shall consider the avoidance of adverse
immigration consequences in the plea negotiation
process as one factor in an effort to reach ajust
resolution
Peal Policies
in Practice
Sample guidance can be found here
httpsllwww iircoigisitesidefaululilesiresoutceslu_uisa_
baasics_for iaw�enforcernent.pdf
When advocating with iawenforcement, this guidance
from DI -IS may be helpful: •
https flwww,clhs gcvhdibrarylassetsidhs u visa_certifac
ationAuide puff
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LAITY PROVISIONS
In addition to interactions with ICE at the county level, individuals may come in contact with ICE
through Local police. Although ICE accesses most people from the county jail/sheriff's department
(see Part 1 above), there are still policies that police and cities can adopt to mitigate ICE's presence
and immigration consequences If your city runs a fail, see the various jail policy advice above.
I. General prohibitions on
assistance or joint patrols
with ICE
Local and state law enforcement have no
authority to stop or arrest individuals based on
immigration status or suspected civil •
immigration violations Nor is there any
obligation for officers to assist ICE in
immigration enforcement, whether that
involves providing ICE with information or
conducting joint arrests or raids
2. Don't ask Policies
Cities interact with individuals ina number of
ways on a regular basis. it is important that
during those interactions immigration status is
not requested or investigated since it is a civil
immigration matter, outside the city's
jurisdiction. Policies can me clear that city
agencies and departments, including Local
police, should not solicit uifornlation about
immigration status.
3. Prohibition on NCIC
Immigration Arrests
Police use the national NCIC database to
check whether individuals in their custody have
outstanding Warrants. ICE also puts
administrative immigration warrants for civil
violations into NCIC, which confuses law
enforcement officers, Who generally do not
have legal authority to make arrests on the
basis of civil immigration violations. •
Peal Policies
in Practice
i. No department. agency. commission, officer, or
employee of the City and County of San Francisco
shall use any City funds or resources to assist in the
enforcement of Federal immigration law
ti. No Law enforcement agency of the State or Oregon
or of any political subdivision of the state shall use
agency moneys. equipment or personne! for the
purpose of detecting or apprehending persons whose
only violation of law is that they ale persons of foreign
citizenship present in the United States in violation of
federal immigration laws
Peal Policies
in Practice
1. No agent or agency shall request information about
of otherwise investigate or assist in the investigation
of the citizenship at immigration status of any person
unless such inquiry Or investigation is required by
piing s State Statute; federal regulation,.oi court
decision
li Except as.otherwise provided under applicable
federal law,. no agent or agency sbiall disclose
information regarding the Citizenship or immigration
status of any person unless required to do so by legal
process or such disclosure has been authorized in
writing .by the irrdividual to whom such information
pertains, or if such individual rs a /minor or is otherwise
not legally competent, by such individual's parent or
guardian:
Real Policies
in Practice
i. Hartford police officers shall not make arrests or
detain individoal5.based on administrative warrants
for removal entered by ICE into the National Crime
information Center database
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CITY PPOVISIONS
4. Prohibition on joint
operations with ICE
In addition to 287(g) agreements with counties
discussed above, ICE will also rely on local law
enforcement for resources and assistance with
their immigration efforts. Police are not required
to divert their resources to federal taw
enforcement for the investigation of civil
immigration matters.
5. No holds and no
notifications of release
dates
►s previouslyd1Scussed'i:irider counties. above.,
polite generally take inchvrduals to• jat1, which
are operated by tie county shenffs
departtnertt. While it's through the sheriff that
ICE is able to pick up rridlvrckiafs, police
depanmentS do. hold .lndtwlduaIs.and May
receive hold or notification (also called
detainer) requests.: As a result; it. is important
that Racal polite have polities against holds
and., otihet±;ors.
Real Policies in
Practice
I. members, are not permitted in accept requests by ICE
or other agencies to support or assist in immigration
enforcement operations, a:tciuding but riot 1lrraited to
ref rests to establish traffic per!rneters rented to
immigration enlacement in the event a member
recei ves a request to support or assist in a civil
immigration enforcement action tie or she shall :report
the request to has or her. supervisor, who shall decline
the -request and document the declination in an
interoffice memorandum to the Superintendent through
the chain of command.
u Sweeps intended solely to locate and detain
undocumented immigrants shall not be conducted. Staff
will not participate rn ICE organized sweeps to locate
and detain undocumented residents.
Real Policies
in Practice
r If a CCPD at-restee receives. an JCE d.etatrter
request; rt stieuld be a'fta*hed.te the •hooking forms
indicating that [l a detainer Was renewed,. The
laiIOrtbcioking officer shall w mtethe words "REJECTED"
at the top cif the detairiet. The ICE detatnr sail not be
honored without docurirentation indicating a Federal
Probable Cause hearing has occurred •
Unless an agency or agent is. acting pursuant to a
legitimate 'laid'', enforcement purpose that is unrelated to
the enfercet;?eritofacivil irrir+'irgration1aw, no agency of
.agent Shalt..while on duty. expend their tiete
responding to 10E inquiries or communicating with ICE
regarding aEerson's custody.statusor release date,
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GITY PPOV1S1ONS
5. Statement of Support
While a statement of support does not provide •
any benefits or protections, it does signal the
clty's commitment to inclusiveness and protecting
the nghts of all residents, including immigrants
These statements can take many forms and are
an important vehicle for easing fears within the
immigrant community, as well as holding officials
accountable or laying the groundwork for an
enforceable policy later on,
Real Policies in
Practice
r. It is hereby affirmed that the City and County of San
Francisco is a City and County of Refuge
a The vitality of the City of Chicago (the "City"), one of
the most ethnically, racially and religiously diverse cities
in the world, where one -out -of -five of the Crtys residents
is an microgram, has been built on the strength of its
rrnmlgrant communities The City Council finds that the
cooperation of all persons, both documented citizens
and those without documentation status, is essential to
achieve the City's goals of protecting life and propeniy,
preventing come and resolving problems The Cate
Council further finds that assistance from a person,
whethei documented or not, who is a victim of, or a
witness to, a crime is important to promoting the safety
of all its residents. The cooperation of the Crtys
immigrant communities is essential to prevent and solve
crimes aid maintain public order, safety and security in
the entire City One of the City's most important goals is
to enhance the City's ielationshrp with the imrnigrarit
communities
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OTHER THINGS
CITIES AND
COUNTIES CAN
DO
In addition to the policies listed above, cities can take
a number of additional actions:
• Ensure city benefits and services are
available without regard to immigration status.
City employees will serve ail residents and city
services will be accessible to all residents,
regardless of immigration status Seattle
Resolution 30672 passed m 2004 reaffirms
Ordinance 121063 and states that City agencies
arm law enforcement cannot withhold services
based on several identities, including ancestry,
race, ethnicity, national origin, color, age, sex,
sexual orientation, gender variance, marital
status, physical or mental disability, or tefigian.
• Provide language services so that foreign
language speakers are able to access
services.
All City agencies That provide direct public
services shall ensure meaningful access to such
services by tak1ng reasonable steps to develop
and implement agency -specific language
assistance plans regarding LEP persons.
• Establish a.fund for appointed representation
of individuals in deportation proceedings.
Chicago Legal Protection Fund
• Issue municipal !Ds that can also serve as a
form of identification when working with local
police.
iDNYC is the new, free identification card for all
New York City residents, which gives all of us the
opportunity to show who we are —New Yorkers.
• Establish an office dedicated to Civic
Engagement and immigrant Affairs to enact
city or county -wide programs such as the
integration of immigrant services (e.g.
citizenship outreach), language access, and
other programs.
See WNW sfgov mg/ncera
• Enact safety policies within the school
districts.
See'7hips llwvvw nilc org/wp-
contentluploadsl201Zr'12jModel-Campus• Safe-
Zones-Language-K12-countrywide-2030-I2. pdf
270 of 321
271 of 321
MADDING LOCAL
AUTHORITIES
Who has the power to make policy about ICE collaboration at the local level?
Law enforcement reports to local government. Sheriffs or county law enforcement often
report to county -level government, such as a county executive, or a county commission or
board of supervisors. Power over the sheriffs s budget can be an important avenue for
establishing new rules about collaboration with ICE, if an independent rule is hard to obtain.
This chart examines common figures in county -level governance and law enforcement.
COUNTY AUTRORMEES
Type ut"
rower
Jurisdiction
Fleeted ii;a
Sheriff
• Sheriff often manages
county or regional jails
• May have custody of
both pre-trial inmates
and those serving
fairly short sentences
• Most Sheriffs and
Sheriff' Deputies have
arrest and enforcement
powers, but some only
rim jails and don't
have patrols
Sheriffs are usually the
county -wide law
enforcement and jail
authority
Usually have power to
make arrests and
detain people
throughout the county
• Sheriffs are often
elected by the people of
the county, but not
always.
County Executes
' Could have many
names
• Doesn't exist in
many states
• Likely controls
county budget or
oversees county-
wide agencies
• Governs the whole
county
• May be the
Primary local
executive authority
for small towns
without their own
council or mayor
• May be elected or
appointed
County Couwil
or Board
+ A legislative body with
power to write county-
wide laws
' Can call meetings and
oversight hearings or
demand information from
law enforcement
• Sorne states have County
Boards, which are a
similar law -making body
of elected officials
• May also be called County
Commission
• A County
Commission/Board,
Council passes county
budgets and other county
laws and regulations
• Generally a county law
'cannot be overruled by a
city -level law
' Usually elected by all the
residents of the county
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MADDING LOCAL
AUTHORITIES
Who has the power to make policy about ICE collaboration at the local level?
Most towns have a municipal police department. that is accountable to a governing body or
authority, a mayor or city council, for example. It is often these governing bottles that create
the rules that law enforcement must follow In addition, the city government will also control
the police budget, which can be an important wedge,
Type of
Po wer
.luriiMdictiob
Bested or -
appiointed
Pollee4Jili or
er
• Police can make
arresla, search, and
detain people
• Chief is the head of
city police
• Authority over
pie prat.
Mining, Sind
protocol
• Police usually
manage the city
or hold rooms.
where people would
be hid dining
temporary detention
air west
• ?Highest authority for
the local (city) police
dcpartmorit
• No jurisdiction over
wing towns
• May detain people
rafter arbefore
trial
▪ Police Chiefs arc
usually as appoirdod
possliOn or reached by
promotion
Mayor or City
Moosger
• Mayor is generally in
charge of .nommg a town
or city
• Usually manages laical
budgets and ovarian
city/ agencies
▪ May have menagerial
authority to tell police or
jails what to do
• Soma towns have a City
Mauer, whiel, s
mar to a Mayor
• Mayor is the chief
executive of a tows or
city, fte the Prudent,
bi i on a local level
• Usually bas power to
pass executive orders
• Dols not have authority
over other towns
Qty Council
• City Council .is a group of
officials with, power to
pass local laws, often
called ordinances
• May also conduct
oversight bearings of the
jail or police
• Lithely hair
snbcrenmittee with
specific his on police,
public steety. or
immigration issues
• In some cities has power
to appoint the mayor or
managercity
• city Council is usually
the legislative l emeh. of
city government
• Does not have pow to
override county or state
laws
• Usually elected by
residents of the city. but
maybe appointed by a
city comma
Comma Members maybe
elected at large or based
on wards or districts
But renter every jurisdiction's structui is differen1
These charts describe cornmeal authorities and powers of
city government and law enforcement
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274 of 321
ADDITIONAL
RESOURCES
For more detailed explanation of ICE enforcement proorarns in
local jails, see these other ILRC resources:
. •
• Guide to the Criminal Alien Program
* Guide to the Priority Enforcement Program (PEP -Comm)
• A comprehensive guide to separating local •law enforcement
from ICE
CONTACT
.., This resource was authored by.:
• Lena Graberi Special Projects Attorpey::
• Angie Juncki-Supervising Attorney
• Nikki Marquez, Law Fellow •
This resource can be downloaded directly
from: https-i/wwwilic.orgilocal-options
, •
For questions about this resource, please email:
Lena Graber (Igraber@fire•org),
Angie Junc.k (ajUnok@Urc-org) Or ts>.!-
Marquez (nmarquez@lirtorg) with
"[Local Options ResourceT included in the subject
line of your request.
275 of 321
CC/CDC-HA Agenda
1/17/2017 — Page 276
The following page(s) contain the backup material for Agenda Item: Notice of Decision —
Planning Commission approval of a Conditional Use Permit for beer and wine sales at
Sushi Loco Restaurant to be located at 2220 East Plaza Blvd., Suite C & D. (Applicant:
Jason Kim) (Case File 2016-26 CUP) (Planning)
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CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: January 17, 2017
AGENDA ITEM NO.
ITEM TITLE:
Notice of Decision — Planning Commission approval of a Conditional Use Permit for beer and wine sales at
Sushi Loco Restaurant to be located at 2220 East Plaza Blvd., Suite C & D. (Applicant: Jason Kim) (Case File
2016-26 CUP)
PREPARED BY: [Martin Reerder, AICP
PHONE: 36-4313
EXPLANATION:
[Sushi Loco has applied for a Conditional Use Permit (CUP) to sell beer and wine as an accessory use to a
proposed restaurant. Alcohol sales hours would be from 11 a.m. to 10 p.m. daily. A Type 41 (On -Sale Beer
and Wine) license is concurrently being processed with the California Department of Alcoholic Beverage
Control (ABC). The project location is a 1,890 square -foot suite within Grove Plaza, located in the Major
Mixed -Use District (MXD-2) zone.
DEPARTMENT:
APPROVED BY:
Planning Commission conducted a public hearing on December 5, 2010. 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.
ENVIRONMENTAL REVIEW:
Not a project per CEQA
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
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, Garcia, Sendt, Yamane Absent: DeLaPaz Abstain: Flores
ATTACHMENTS:
!1. Overhead 3. Resolution No. 2016-17
2. Planning Commission Staff Report
4. Reduced Plans
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20'10-26 CUP — 2220 East Plaza Blvd. Ste. C & D — Overhead
1
Title:
"tea Spa J
-RA cutzio,avyr
CITY OF NATIONAL CITY - PLANNING DEPARTMENT
1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950
PLANNING COMMISSION STAFF REPORT
Item no. 3
December 5, 2016
PUBLIC HEARING — CONDITIONAL USE PERMIT FOR
ALCOHOL SALES AT A NEW SUSHI RESTAURANT TO
BE LOCATED AT 2220 EAST PLAZA BOULEVARD, SUITE
C&D
Case File No.. 2016-26 CUP
Location: Southeast comer of East Plaza Boulevard and Grove Street
Assessor's Parcel No.: 557-380-66
Staff report by: Jessica Madamba — Planning Technician
Applicant: Jason Kim
Property owner: Charles Yablon
Zoning designation: MXD-2 — Major Mixed -Use District
Adjacent land use/zoning:
North: Popeye's Restaurant 1 Starbucks Coffee / MXD-2
East: Single Family Residential / RS-2 (Small Lot Residential)
South: Single Family Residential / RS-2
West: McDonald's Restaurant across Grove St. / MXD-2
Environmental review: Not a project per CEQA
Staff recommendation: Approve
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BACKGROUND
The property owner has applied for a Conditional Use Permit (CUP) to sell beer and
wine at a new restaurant, Sushi Loco. Business operating hours, as well as alcohol
sales, would be from 11 a.m. to 10 p.m. daily. A Type 41 (On -Sale Beer and Wine)
license is concurrently being processed with the California Department of Alcoholic
Beverage Control (ABC).
Site Characteristics
The project location is Grove Plaza, located at 2220 E. Plaza Blvd., in the Major Mixed -
Use District (MXD-2) zone. The premises are a 1,890 square -foot suite, which has
historically been two separate suites (C & D), within the center. The area is adjacent to
other commercial uses including Popeye's and Starbucks. Single-family residential uses
are located to the south and to the east in the Small Lot Residential (RS-2) zone.
Proposed Use
The applicant is proposing to open a new sushi restaurant in the 1,890 square -foot
commercial suite. The floor plan provided with this application shows 41 seats, 7 of
which would be at a sushi counter. The applicant wishes to sell beer and wine in the
restaurant, which requires a Conditional Use Permit (CUP). Alcohol would be delivered
to the table upon request. Proposed operation and alcohol sales hours are 11:00 a.m.
to 10:00 p.m. daily. No live entertainment is proposed.
Analysis
Section 18.30.050 of the National City Land Use Code allows for on -site alcohol sales
with an approved CUP. Additional requirements for alcohol CUP's include expanded
notification, a community meeting, and distance requirements.
Mailing = Ail 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. 629 people were notified by mail of this public healing.
Community Meeting — Pursuant to Section 18.30.050 (C), a community meeting was
held Monday, September 12, 2016 at 6:30 pm at the subject restaurant. The meeting
advertisement is attached. Three people were in attendance, including the applicant.
Distance Requirements — Chapter 18.030.050 (D) requires a 660-foot distance from
sensitive uses such as schools. However, restaurants with greater than 30% of their
area devoted to seating (which applies in this case) are exempt from these distance
requirements. There are no schools within 660 feet. The nearest school is Palmer Way
Elementary School, which is located approximately a half -mile away.
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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 District zone 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 restaurant use is consistent with the
Major Mixed -Use land use designation contained in the Land Use and Community
Character (LU) element of the General Plan. In addition, the property is not within a
Specific Plan 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 involves an existing commercial
space, which was already analyzed for traffic impacts when it was constructed. In
addition, because the sale of alcohol would be accessory to the sale of food, no
measurable increase in traffic is expected.
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 accessory to a restaurant use, which will be located in an
existing commercial area. The addition of alcohol sales is not expected to increase the
demand for parking on 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.
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The proposed use will be compatible with other nearby businesses. 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.
6. That the proposed project has been reviewed in compliance with the California
Environmental Quality Act.
The project is not considered a project under CEQA, as no development is proposed. In
addition, the proposed use is similar to other commercial uses in the area, which are
permitted by right in the mixed -use zones. Given that there is no calculable increase in
traffic and no other impacts are anticipated, staff is of the opinion that the project would
not result in any physical changes to the environment.
7. That the proposed use is deemed essential and desirable to the public
convenience or necessity.
In this case the alcohol sales will contribute to the viability of a restaurant, an allowed use
in the Major Mixed -Use District (MXD-2) zone.
Department and Agency comments
Alcohol Sales Concentration/Location — Per ABC, there are currently no existing on -
sale licenses and three off -sale authorized for Census Tract (120.03). For reference,
the off -sale alcohol outlets in the census tract are:
Name
Address .
Licenses Type*
CUP
The Liquor Bottie
2605 E 18th St.
21
-
Imperial Liquor
3106 E 16th St.
21
-
7 Eleven
3100 E Plaza Blvd
21
-
* Type 20 — Off -Sale Beer and Wine
Type 21 - Off -Sale General
Census tract 120.03 includes the area between Interstate 805 and Harbison Avenue,
and between E. Plaza Blvd. and E. 18"' St. The attached census tract map shows the
location of the subject tract. Per State Alcoholic Beverage Control (ABC) there are
currently three off -sale licenses in this census tract (120.03) where a maximum of four
are recommended. Again, there are no on --sale licenses in the census tract.
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Police Department
The Alcohol Beverage Control Risk Assessment provided by PD allocated a total of 11
points, which would be considered a Low Risk. Impacts with regards to the issuance of
an on -sale ABC License at this location are not expected.
institute for Public Strategies (IPS)
The lnstttute for Public Strategies recommends that if the CUP is approved that owners,
management, and staff be required to attend Responsible Beverage Sales and Service
training (covered under condition no. 11). Comments are attached for your review.
Building Division
Comments were provided by the Building Division, which require any plans for future
construction to comply with the current editions of the Califomia Building, Electrical,
Plumbing, Mechanical, Energy and Fire Codes.
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 (alcohol incidental to
food, hours of operation, RBSS training, etc.).
Summary
The proposed use is consistent with the General Plan because alcohol sales for on -site
consumption are a conditionally -allowed use in the Major Mixed -Use District Zone. The
proposed use would be accessory to a restaurant use in an existing commercial area,
which is not expected to increase the demand for parking or other services on the
property. The addition of alcohol sales is not expected to have any significant effects on
the area.
OPTIONS
1. Approve 2016-26 CUP subject to the attached conditions, and based on attached
findings or other findings as determined by the Planning Commission; or
2. Deny 2016-26 CUP based on findings as determined by the Planning
Commission; or
3. Continue the stem for additional information
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ATTACH M ENTS
1. Recommended Findings
2. Recommended Conditions
3. Overhead
4. Department and Agency Comments
5. Census Tract Map
6. Public Hearing Notice (Sent to 629 property owners and Occupants)
7. Community meeting advertisement, sign -in sheet, and minutes
6. Applicant's Plans (Exhibits A, Case File No. 2016-26 CUP, dated 9/2112016)
JESSICA MADAMBA
Planning Technician
BRAD RAULSTON
Deputy City Manager
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RECOMMENDED FINDINGS FOR APPROVAL
2016-26 CUP - 2220 East Plaza Blvd., Suite C & D
'I 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 alcohol safes for on -site consumption are a
conditionally -allowed use in the Major Mixed Use District.
2. That the proposed use is consistent with the General Plan and any applicable
specific plans, because alcohol sales are permitted, subject to a Conditional Use
Permit, by the Land Use Code, which is consistent with the General Plan. In
addition, a restaurant use is consistent with the Major Mixed -Use land use
designation contained in the Land Use and Community Character (LU) element
of the General Plan. Furthermore, the property is not within a Specific Plan area.
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 no expansion is proposed, and the use would be accessory to a
proposed restaurant in an existing commercial area.
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 and the proposed use would be
accessory to a proposed restaurant use in an existing commercial area, which is
not expected to increase the demand for parking on 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 use will be compatible
with other nearby businesses; and because the proposed use will be subject to
conditions that limit the sale of alcohol and restrict the hours that it will be
available.
6. That the proposed project has been reviewed in compliance with the California
Environmental Quality Act, because it has been determined that the proposed
use is not a project per the Act. There is no calculable increase in traffic and no
other impacts are anticipated; therefore, the project would not result in any
physical changes to the environment.
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That the proposed use is deemed essential and desirable to the public
convenience or necessity, because alcohol sales will contribute to the viability of a
restaurant, an allowed use in the Major Mixed -Use District (MXD-2) zone.
8. That based on Endings 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.
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RECOMMENDED CONDITIONS OF APPROVAL
201626 CUP — 2220 East Plaza Blvd., Suite C & D
General
1. This Conditional Use Permit authorizes the sale of beer at a restaurant to be located
at 2220 East Plaza Blvd., Suite C & D. Plans submitted for permits associated with
this project shall conform to Exhibit A, case file no. 2016-26 CUP, dated 9/21/2016.
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 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 assign 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.
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Fire
8. Plans submitted for improvements must comply with the current editions of the
California Fire Code (CFC) and National Fire Protection Association (NFPA),
9. All required signage shall be designed and installed to the Fire Department's
specifications.
10. The National City Fire Department shall be involved with all fire inspections for this
site. Rough inspections are required for a!i phases of work,
Planning
11. 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.
12. The sale of alcoholic beverages shall be permitted only between the hours of 11:00
a.m. and 10:00 p.m.
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NATIONAL CITY POLICE DEPARTMENT
ALCOHOL BEVERAGE CONTROL
RISK ASSESSMENT
DATE: 10/19/2016
BUSINESS NAME: Sushi Loco Restaurant
ADDRESS: 2220 East Plaza Boulevard, Suites C & D, National City, CA 91950
OWNER NAME: Jason Jae Hoon Kim DOB: 07/15/1967
OWNER ADDRESS: 1485 Bradley Place, Chula Vista, CA 91911
(add additional owners on page 2)
I. Type of Business
1 Restaurant (1 pt)
Market (2 pts)
Bar/Night Club (3 pts)
Tasting Room (1pt)
II. Hours of Operation
Daytime hours (1 pt)
1 Close by 1 1pm (2 pts)
Close after 1 1pm (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)
Medium (2 pts)
d High (3 pts)
V. Alcohol Businesses per Census Tract
Below (1 pt)
• Average (2 pts)
Above (3 pts)
Revised: 8f 16. 1 of 2
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50UT11 FAY CI;AMLINITY CHANGE r S,J1 CT
r ?-cjrct ~ tf+e institute for rubIic Strategies
]Environmental Scan for Alcohol License C.U.P.
Sushi Loco
2220 E. Plaza Blvd., National City, CA 91950
October 18, 2016
Photo Sushi Loco in National City
Google Earth View of ??.90 E. Plaza Blvd. and Surrounding
Area
This environmental scan is for a Conditional Use Permit for to sell beer & wine at Sushi Loco located at
2220 E. Plaza Blvd., National City. The business is located east of the 805 Freeway. An environmental
scan was conducted on Tuesday, October 18, 2016.
The proposed Sushi Loco Restaurant will be located in an existing commercial building with multiple suites
on the southeast corner of East Plaza Boulevard and Grove Street in the Major Mixed -Use District MCC-
2) zone. The applicant is proposing to sell beer and wine at a new restaurant in Suites C and D, a 1,890
square -foot commercial space. The business will operate seven days a week, from 11 a.m. to 10 p,m.
Youth Sensitive Areas
The business is not located near any youth sensitive areas.
Churches
There are were no churches noted in the immediate area of the business.
Funded by the San Diego County Health and Human Services Agency
2616 Camino del Rio So. #300 * San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619,476-9104
wwiv pubticstrategies,org
290 of 321
Census Tracts
Off -Sale
On -Sale
Tract 120.03
Establishment is within this tract
Allowed: 2
Actual: 3
Number Above/Below Allowable: - +1
Allowed: 4
Actual: 0
Above/Below: -4
Neighboring Census Tracts
Tract 120.02
Allowed: 2
Actual: 2
Number Above/Below Allowable: --
Allowed: 4
Actual: 2
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 Sa rei Bay Comrnunay Change Project is a project of the Insetrdefor Pula'& F7,ratePes and 1s fimtled ay the San Diego County Health and Annan Sa icea Agency
2615 Camino del Rio So. #300 • San Diego, Ca6farnia, B2108 • Phme: 619.476.910D • Fax: 619.475-91 P9
wraxpubli ategiesa9
291 of 321
CALIFORNIA -4*•
IgisiTIONAL
cy
C. rzgaoEpoaevrov,
CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT
1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950
October 3, 2016
To: Planning Division
From: Building Division
Subject: Case File No. 2016-26
2220 East Plaza Blvd.
The proposed 1890 square toot restaurant at the iocation listed above shall be
constructed as per the 2013 California Building, Electrical, Plumbing, Mechanical,
Energy and Fire Codes if plans are submitted prior to the end of 2016. If plans are
submitted on or after January 1, 2017, they shall comply with the 2016 California
Building Codes. If you have any questions regarding this matter please contact me at
619-336-4214, thank you.
Luis Sainz
Building Official
292 of 321
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August 25, 2014
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293 of 321
CITY OF NATIONAL CITY - PLANNING DEPARTMENT
1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950
NOTICE OF PUBLIC HEARING
CONDITIONAL USE PERMIT FOR ALCOHOL SALES
AT A NEW SUSHI RESTAURANT TO BE LOCATED
AT 2220 EAST PLAZA BOULEVARD, SUITE C & D.
CASE FILE NO.: 2016-26 CUP
APN: 527-380-66
The National City Planning Commission will hold a public hearing after the hour of 6:00
p.m. Monday, December 5, 2016, in the City Council Chambers, Civic Center, 1243
National City Boulevard, National City, California, on the proposed request. (Applicant:
Jason Kim)
The applicant wishes to sell beer and wine at a new sushi restaurant, Sushi Loco, in an
existing commercial suite. The business operating hours, as well as alcohol sales will
be from 11 a.m. to 10 p.m. daily. 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
on or before 12:00 p.m., December 5, 2016 by the Planning Department, who can be
contacted at 619-336-4310 or plannin i nationaIcityca.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
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COMMUNITY MEETING
Subject: Conditional Use Permit (Beer & Wine License)
Date: September 12, 2016
Time: 6:30PM
Location: Sushi Loco
2220 E Plaza Blvd
National City, CA 91950
We will be holding a community meeting, regarding about the Conditional Use Permit
(Beer & Wine License) September 12, 2016. Sushi Loco is a Japanese restaurant that will be
located in the Grove Plaza Mall and the Beer & Wine License authorizes the sale of beer and/or
wine for consumption at Sushi Loco. If you are interested or have any questions, feel free to
come by to Sushi Loco at 6:30Pm on September 12, 2016.
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Guest list
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RESOLUTION NO. 2016-17
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING A CONDITIONAL USE PERMIT FOR ALCOHOL SALES
AT A NEW SUSHI RESTAURANT TO BE LOCATED
AT 2220 EAST PLAZA BOULEVARD, SUITE C & D.
CASE FILE NO. 2016-26 CUP
APN: 557-380-66
WHEREAS, the Planning Commission of the City of National City considered a
Conditional Use Permit for beer and wine sales at a new restaurant to be located at
2220 East Plaza Boulevard, Suite C & D at a duly advertised public hearing held on
December 5, 2016, at which time oral and documentary evidence was presented; and,
WHEREAS, at said public hearings the Planning Commission considered the
staff repLrt contained in Case File No. 2016-26 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, Califomia, that the testimony and evidence presented to the Planning
Commission at the public hearing held on December 5, 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 alcohol sales for on -site consumption are a
conditionally -allowed use in the Major Mixed Use District.
2. That the proposed use is consistent with the General Plan and any applicable
specific plans, because alcohol sales are permitted, subject to a Conditional Use
Permit, by the Land Use Code, which is consistent with the General Plan. In
addition, a restaurant use is consistent with the Major Mixed -Use land use
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designation contained in the Land Use and Community Character (LU) element
of the General Plan. Furthermore, the property is not within a Specific Plan area.
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 no expansion is proposed, and the use would be accessory to a
proposed restaurant in an existing commercial area.
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 and the proposed use would be
accessory to a proposed restaurant use in an existing commercial area, which is
not expected to increase the demand for parking on the property.
5. That granting the pemiit 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 use will be compatible
with other nearby businesses; and because the proposed use will be subject to
conditions that limit the sale of alcohol and restrict the hours that it will be
available.
6. That the proposed project has been reviewed in compliance with the California
Environmental Quality Act, because it has been determined that the proposed
use is not a project per the Act; There is no calculable increase in traffic and no
other impacts are anticipated; therefore, the project would not result in any
physical changes to the environment.
7 That the proposed use is deemed essential and desirable to the public
convenience or necessity, because alcohol sales will contribute to the viability of a
restaurant, an allowed use in the Major Mixed -Use District (MXD-2) zone.
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.
BE IT FURTHER RESOLVED that the application for Conditional Use Permit is
approved subject to the following conditions:
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General
1. This Conditional Use Permit authorizes the sale of beer at a restaurant to be located
at 2220 East Plaza Blvd., suite C & D. Plans submitted for permits associated with this
project shall conform to Exhibit A, case file no. 2016-26 CUP, dated 9/2112016.
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 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 assign 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,
Fire
8. Plans submitted for improvements must comply with the current editions of the
California Fire Code (CFC) and National Fire Protection Association (NFPA).
9. All required signage shall be designed and installed to the Fire Department's
specifications.
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10. 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
11. 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 Co;iti of (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.
12.The sale of alcoholic beverages shall be permitted only between the hours of 11:00
a.m. and 10:00 p.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 December 5, 2016, by the following vote:
AYES: Bush, iamane, Garcia, Baca, Sendt
NAYS: None
ABSENT: Diameitaz
ABSTAIN: Flores
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CC/CDC-HA Agenda
1/17/2017 — Page 303
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 Chairman to execute an agreement with NHA Advisors, LLC for
municipal advisory services for the period January 17, 2017 through December 31,
303 of 321
CITY OF NATIONAL CITY, CALIFORNIA
COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY
COUNCIL AGENDA STATEMENT
MEETING DATE: January 17, 2017
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the Community Development Commission -Housing Authority of the City of National City
authorizing the Chairman to execute an agreement with NHA Advisors, LLC for municipal advisory
services for the period January 17, 2017 through December 31, 2019 with two additional one-year
options.
PREPARED BY: Mark Roberts, Director of Finance DEPARTMEN
PHONE: 619-336-4265 APPROVED BY-,.
EXPLANATION:
See attached staff report.
FINANCIAL STATEMENT:
ACCOUNT NO.
NA
APPROVED-- �r w J 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 Chairman to execute the agreement with NHA Advisors, LLC for municipal
advisory services for the period January 17, 2017 through December 31, 2019 with two additional one-year
options.
BOARD / COMMISSION RECOMMENDATION:
NA
ATTACHMENTS:
1. Staff report
2. NHA Advisors, LLC Agreement
3. Resolution
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+ CALIFORNIA
NATIONAL CITY
ALAV
INCORPORATED
Housing Authority Staff Report
January 17, 2017
ITEM
Resolution of the Community Development Commission — Housing Authority of the City of
National City authorizing the Chairman to execute an agreement with NHA Advisors, LLC for
municipal advisory services for the period January 17, 2017 through December 31, 2019 with
two additional one-year options.
BACKGROUND
The Housing Authority has received professional municipal (financial) advisory services for
several years. These services have been provided to assist the Housing Authority with reviewing
its long-range financing needs and developing alternative strategies for meeting those needs,
analyzing and interpreting legislation for economic or financial opportunities or impacts for the
Housing Authority, analyzing and interpreting complex business plans and financial proposals
made to the Housing Authority, and issuing debt.
In anticipation of the expiration of its agreement with its current municipal advisor, Urban
Futures, Inc., on January 31, 2017, the City of National City, on behalf of itself, the Housing
Authority, and the Successor Agency, issued a request for proposals ("RfP") for municipal
advisory services on September 15, 2016.
REQUEST FOR PROPOSALS PROCESS
As noted above, the City issued an RfP for municipal advisory services on September 15, 2016.
The RfP was sent to several municipal advisory firms and was posted on the City's and the
California Society of Municipal Finance Officers (CSMFO) websites. Responses to the RfP
were due by 5:00 pm on October 13, 2016.
The City received four (4) proposals in response to the RfP. The firms submitting proposals,
listed in alphabetical order, are:
KNN Public Finance, LLC;
Kosmont Transactions Services;
NHA Advisors, LLC;
Urban Futures, Inc.
305 of 321
Page 2
Resolution of the Community Development Commission — Housing Authority of the City of
National City authorizing the Chairman to execute an agreement with NHA Advisors, LLC for
municipal advisory services for the period January 17, 2017 through December 31, 2019 with
two additional one-year options.
January 17, 2017
A selection panel reviewed all proposals and interviewed all submitting firms. The selection
panel included the following members:
Janel Pehau, Finance Analyst;
Javier Carcamo, Financial Services Officer;
Alfredo Ybarra, Director of Housing & Economic Development;
Tim McDermott, Director of Finance / Treasurer, City of Santee;
Alicia Granados, Accountant, City of Chula Vista.
In order to rank the firms and provide a recommendation to the Housing Authority, the selection
panel considered:
• relevant experience with California municipal governments;
• commitment of key members of the firm to the Housing Authority;
• demonstrated knowledge of the work/services required;
• approach to municipal advisory services; and
• cost of services.
After reviewing and considering each proposal and interviewing representatives of each of the
firms, the consensus of the panel members was that NHA Advisors, LLC would best meet the
municipal advisory services needs of the Housing Authority.
NHA ADVISORS (from submitted proposal)
NHA Advisors, LLC ("NHA") is an independently -owned municipal advisor/Independent
Registered Municipal Advisor organized as a California limited liability company. NHA
specializes in providing municipal advisory services to local government agencies only in
California, with a primary focus on small and medium-sized cities, special districts (utilities and
community services), and successor agencies to redevelopment.
NHA is registered with the Municipal Securities Rulemaking Board and has five practicing
municipal advisors. The three principals of NHA each have more than 25 years of public finance
experience. Its two vice presidents each have more than 10 years of public financing experience.
Every member of NHA has dedicated his/her entire career to the public sector, either as a
consultant or directly in public service. NHA only brings qualified and experienced people into
the organization and does not believe in training individuals at the expense of public agencies.
NHA serves as municipal advisor to public agencies throughout California, working with over 60
municipalities on projects including proposal review for new development, budget and long-term
planning, policy considerations, and traditional municipal finance.
RECOMMENDATION
306 of 321
Page 3
Resolution of the Community Development Commission — Housing Authority of the City of
National City authorizing the Chairman to execute an agreement with NHA Advisors, LLC for
municipal advisory services for the period January 17, 2017 through December 31, 2019 with
two additional one-year options.
January 17, 2017
Staff recommends the Housing Authority authorize the Chairman to execute the agreement with
NHA Advisors, LLC for municipal advisory services for the period January 17, 2017 through
December 31, 2019 with two additional one-year options.
FISCAL IMPACT
NHA's advisory fees (for projects not related to the issuance of any debt obligations) will be
based upon hourly rates for actual work performed, in accordance with the following schedule:
Person Performing Work Hourly Rate
Principal $275
Vice President $225
Associate $175
Analyst $125
Administrative $75
These fees do not include reasonable and necessary out-of-pocket expenses, including but not
limited to data resources, photocopying, postage, and delivery. California travel will not be
considered a reimbursable expense.
For projects associated with the issuance of notes, bonds, or other obligations, NHA's fees will
be based upon the schedule below. The ranges provided in the schedule are indicative. NHA's
specific compensation on a project will depend upon the time required to complete the process,
which is typically a function of credit quality, structure, nature/extent of NHA's role, and NHA's
expected time commitment.
Project Fee Range
Tax and Revenue Anticipation Notes $17,500 - $22,500
Certificates of Participation $42,500 - $67,500
Revenue Bonds $47,500 - $72,500
Assessment Districts $32,500 - $72,500
Community Facilities Districts $37,500 - $72,500
Tax Allocation Bonds $47,500 - $92,500
Fees related to the issuance of debt typically are included in costs of issuance and financed by
the debt.
ATTACHMENTS
Attachment 1 — NHA Advisors, LLC Agreement
Attachment 2 — Resolution
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AGREEMENT
BY AND BETWEEN
THE
COMMUNITY DEVELOPMENT COMMSSION — HOUSING AUTHORITY
OF THE CITY OF NATIONAL CITY
AND
NHA ADVISORS, LLC
THIS AGREEMENT is entered into this 17th day of January, 2017, by and between the
COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY
OF NATIONAL CITY, a governmental entitity (the "HOUSING AUTHORITY"), and NHA
ADVISORS, LLC, a California limited liability company (the "CONSULTANT").
RECITALS
WHEREAS, the HOUSING AUTHORITY' desires to employ a CONSULTANT to
provide municipal advisory services.
WHEREAS, the HOUSING AUTHORITY has determined that the CONSULTANT is a
municipal advisor and is qualified by experience and ability to perform the services desired by
the HOUSING AUTHORITY, and the CONSULTANT is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
1. ENGAGEMENT OF CONSULTANT. The HOUSING AUTHORITY 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 January 17, 2017. The duration of this Agreement is for the period of
January 17, 2017 through December 31, 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 perform municipal advisory
services as set forth in the attached Exhibit "A."
The CONSULTANT shall be responsible for all research and reviews related to
the work and shall not rely on personnel of the HOUSING AUTHORITY for such services,
except as authorized in advance by the HOUSING AUTHORITY.
The HOUSING AUTHORITY 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 HOUSING AUTHORITY 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.
308 of 321
4. PROJECT COORDINATION AND SUPERVISION. The Director of Finance
is designated as the Project Coordinator for the HOUSING AUTHORITY 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. Craig Hill thereby is designated as the Project Director
for the CONSULTANT.
5. COMPENSATION AND PAYMENT. The compensation for the
CONSULTANT shall be based upon billing(s) covering actual work performed in accordance
with the rates stated in the attached Exhibit "B." Billings shall include labor classifications,
respective rates, hours worked and also materials, if any. The labor rates for work described in
Exhibit "A" of this agreement shall not exceed the rates listed in Exhibit `B" of this Agreement.
Compensation for bond transactions shall be based upon the schedule included in Exhibit "B"
and shall not exceed the rates listed in Exhibit "B." 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 HOUSING AUTHORITY.
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
HOUSING AUTHORITY, and for furnishing of copies to the HOUSING AUTHORITY, if
requested.
6. ACCEPTABILITY OF WORK. The HOUSING AUTHORITY 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 HOUSING AUTHORITY 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 HOUSING AUTHORITY
or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the
CONSULTANT and the HOUSING AUTHORITY shall each prepare a report which supports
their position and file the same with the other party. The HOUSING AUTHORITY 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
HOUSING AUTHORITY for use with respect to this Project, and shall be turned over to the
HOUSING AUTHORITY upon completion of the Project, or any phase thereof, as contemplated
by this Agreement.
Contemporaneously with the transfer of documents, the CONSULTANT hereby
assigns to the HOUSING AUTHORITY, 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 HOUSING
AUTHORITY'S prior authorization regarding reproduction, which authorization shall not be
2 Housing Authority and NHA Advisors, LLC
2016 Agreement
309 of 321
unreasonably withheld. The CONSULTANT shall, upon request of the HOUSING
AUTHORITY, execute any further document(s) necessary to further effectuate this waiver and
disclaimer.
The CONSULTANT agrees that the HOUSING AUTHORITY 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 HOUSING AUTHORITY'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 HOUSING AUTHORITY 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 HOUSING AUTHORITY, or for any liability to the HOUSING AUTHORITY should the
documents be used by the HOUSING AUTHORITY 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 HOUSING AUTHORITY, and are not entitled to any of the
rights, benefits, or privileges of the HOUSING AUTHORITY'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 HOUSING AUTHORITY 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 HOUSING AUTHORITY. 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 HOUSING AUTHORITY 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 HOUSING AUTHORITY, it being understood that the CONSULTANT its
agents, servants, and employees are as to the HOUSING AUTHORITY wholly independent
CONSULTANT, and that the CONSULTANT'S obligations to the HOUSING AUTHORITY
are solely such as are prescribed by this Agreement,
10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the
performance of the services to be provided herein, shall comply with all applicable state and
federal statutes and regulations, all Municipal Securities Rulemaking Board rules, and all
2016 Agreement 3 Housing Authority and NHA Advisors, LLC
310 of 321
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 HOUSING AUTHORITY 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 HOUSING
AUTHORITY, or, when no time is specified, then within a commercially reasonable time.
Accordingly, unless the CONSULTANT has notified the HOUSING AUTHORITY otherwise,
the CONSULTANT warrants that all products, materials, processes or treatments identified in
the project documents prepared for the HOUSING AUTHORITY are reasonably commercially
available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will
render the CONSULTANT liable to the HOUSING AUTHORITY for any increased costs that
result from the HOUSING AUTHORITY'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 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 HOUSING AUTHORITY setting forth the provisions of this non-discrimination clause.
2016 Agreement
4 Housing Authority and NHA Advisors, LLC
311 of 321
14. CONFIDENTIAL INFORMATION. The HOUSING AUTHORITY 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 HOUSING AUTHORITY. 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 HOUSING AUTHORITY. 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 HOUSING AUTHORITY 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 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, suites, 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 HOUSING AUTHORITY, its agents,
officers, or employees. The indemnity, defense, and hold harmless obligations contained herein
shall survive the termination of this Agreement for any alleged or actual omission, act, or
negligence under this Agreement that occurred during the term of this Agreement.
16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all
of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of
California, the applicable provisions of Division 4 and 5 of the California Government Code and
all amendments thereto; and all similar State or federal acts or laws applicable; and shall
indemnify, and hold harmless the HOUSING AUTHORITY and its officers, and employees
from and against all claims, demands, payments, suits, actions, proceedings, and judgments of
every nature and description, including reasonable attorney's fees and defense costs presented,
brought or recovered against the HOUSING AUTHORITY 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.
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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 $5,000,000 per occurrence.
B. Automobile Insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of S1,000,000
combined single limit per accident. Such automobile insurance shall include owned, non -owned,
and hired vehicles ("any auto"). The policy shall name the HOUSING AUTHORITY and its
officers, agents and employees as additional insureds, and a separate additional insured
endorsement shall be provided.
C. Commercial General Liability Insurance, with minimum limits of
$2,000,000 per occurrence and $4,000,000 aggregate, covering all bodily injury and property
damage arising out of its operations under this Agreement. The policy shall name the
HOUSING AUTHORITY 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."
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 HOUSING AUTHORITY. 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 HOUSING AUTHORITY.
E. The aforesaid policies shall constitute primary insurance as to the
HOUSING AUTHORITY, its officers, employees, and volunteers, so that any other policies held
by the HOUSING AUTHORITY shall not contribute to any loss under said insurance. Said
policies shall provide for thirty (30) days prior written notice to the HOUSING AUTHORITY 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 HOUSING AUTHORITY'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 HOUSING AUTHORITY'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
HOUSING AUTHORITY may elect to treat the failure to maintain the requisite insurance as a
breach of this Agreement and terminate the Agreement as provided herein.
L All deductibles and self -insured retentions in excess of $10,000 must be
disclosed to and approved by the HOUSING AUTHORITY.
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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 HOUSING AUTHORITY shall, in addition, be limited to the
amount of attorney's fees incurred by the HOUSING AUTHORITY in its prosecution or defense
of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party.
19. TERMINATION.
A. This Agreement may be terminated with or without cause by the
HOUSING AUTHORITY. 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 HOUSING
AUTHORITY 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 HOUSING AUTHORITY.
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
HOUSING AUTHORITY, 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 HOUSING AUTHORITY by the CONSULTANT'S breach, if
any. Thereafter, ownership of said written material shall vest in the HOUSING AUTHORITY all
rights set forth in Section 7.
E. The HOUSING AUTHORITY 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.
20. 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
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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 HOUSING AUTHORITY:
Director of Finance
City of National City
1243 National City Boulevard
National City, CA 91950-4301
To CONSULTANT:
Craig Hill, Principal
NHA Advisors, LLC
4040 Civic Center Drive, Suite 200
San Rafael, CA 94903
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver because
of changed address of which no notice was given shall be deemed to constitute receipt of the
notice, demand, request, or communication sent. Any notice, request, demand, direction or other
communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-
eight (48) hours by letter mailed or delivered as specified in this Section.
21. 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
HOUSING AUTHORITY. 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 HOUSING AUTHORITY
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 HOUSING AUTHORITY 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 HOUSING AUTHORITY.
® 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.
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The CONSULTANT shall be strictly liable to the HOUSING AUTHORITY for
all damages, costs or expenses the HOUSING AUTHORITY may suffer by virtue of any
violation of this Paragraph 22 by the CONSULTANT.
22, 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.
23. 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 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 will control.
F. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or any other provision
hereof.
H. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the
parties shall be subject to the examination and audit of the State Auditor for a period of three (3)
years after final payment under the Agreement, per Government Code Section 8546.7.
J. Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between the
parties as to the subject matter hereof. No subsequent agreement, representation, or promise
made by either party hereto, or by or to an employee, officer, agent, or representative of any
party hereto shall be of any effect unless it is in writing and executed by the party to be bound
thereby.
K. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties hereto.
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T . Construction. The parties acknowledge and agree that (i) each party is of
equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and
negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity
to consult with its own, independent counsel and such other professional advisors as such party
has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv)
each party and such party's counsel and advisors have reviewed this Agreement, (v) each party
has agreed to enter into this Agreement following such review and the rendering of such advice,
and (vi) any rule or construction to the effect that ambiguities are to be resolved against the
drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or
any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first above written.
CONBIUNITY DEVELOPMENT NHA ADVISORS, LLC
COMMISSION — HOUSING AUTHORITY OF
THE CITY OF NATIONAL CITY
By: By:
Leslie Deese, Executive Director
/Ifi/ 4>
(Print)
APPROVED AS TO FORM: (Title)
George H. Eiser, III
Interim General Counsel for the Community
Development Commission — Housing Authority of
the City of National City
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Housing Authority and NHA Advisors, LLC
Exhibit A
NHA Advisors, LLC
Scope of Services
Municipal advisory services may include, but are not limited to, assisting the Community
Development Commission — Housing Authority of the City of National City ("Housing Authority")
to:
• review the Housing Authority's long-range financing needs, particularly with respect to its
capital improvement program, and develop alternative strategies for meeting those
needs;
■ analyze and interpret legislation for economic or financial opportunities or impacts for the
Housing Authority;
• analyze and interpret complex business plans and financial proposals made to the
Housing Authority;
• present alternative strategies for managing the Housing Authority's current or future debt
to achieve the best value for taxpayers.
The consultant may also be called upon to assist with the issuance of debt, including, but not
limited to:
• review of credit issues & key terms of the financing indenture;
■ review and analysis of complex business plans and financial proposals, including those
for refunding opportunities, made to the Housing Authority;
• selling bonds or obtaining other debt financing by performing tasks such as:
o advising on the essential features of the bond or other financing structure;
o providing market analysis and information to determine the best method of sale
or course of action for the Housing Authority;
o assisting with or preparing requests for proposals as appropriate for other
professional services needed to carry out the financing;
o participating in the preparation of offering or other documents needed for the
financing;
o preparing or coordinating the preparation of material for such purposes as rating
agency and credit enhancement review processes;
o coordinating the bidding for bonds in a competitive sale;
o negotiating bond terms in a negotiated sale;
o working with the finance team to facilitate an effective bond sale or other closing
and delivery of proceeds;
o providing post -sale advice on proceeds investments (as needed);
• preparation and submittal of continuing disclosure reports annually, or as otherwise
required by the Housing Authority's current or future bond covenants, to the Electronic
Municipal Market Access, a service of the Municipal Securities Rulemaking Board.
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Exhibit B
NHA ADVISORS, LLC
HOURLY RATES AND MAXIMUM FEE TO
PERFORM MUNICIPAL ADVISORY
SERVICES
For projects not directly related to the issuance of any debt obligations, the Community
Development Commission — Housing Authority of the City of National City ("Housing
Authority") will be billed at the following hourly rates:
Principal
Vice President
Associate
Analyst
Administrative
$275
$225
$175
$125
$75
The Housing Authority will reimburse NHA for reasonable and necessary out-of-pocket
expenses, including but not limited to data resources, photocopying, postage, and delivery.
California travel will not be considered a reimbursable expense.
For projects associated with the issuance of notes, bonds, or other obligations, the Housing
Authority will compensate NHA in accordance with the table below. The ranges provided in the
table are indicative. NHA's specific compensation on a project, which shall be agreed upon
prior to commencement of the project, will depend upon the time required to complete the
process, which is typically a function of credit quality, structure, and nature/extent of NHA's
role, and NHA's expected time commitment.
Project
Tax and Revenue Anticipation Notes
Certificates of Participation
Tax Allocation Bonds
Revenue Bonds
Assessment Districts
Community Facilities Districts
Fee Range
$17,500 - $22,500
$42,500 - $67,500
$47,500 - $92,500
$47,500 - $72,500
$32,500 - $72,500
$37,500 - $72,500
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CC/CDC-HA Agenda
1/17/2017 — Page 320
The following page(s) contain the backup material for Agenda Item: Home Fire
Prevention Campaign. (Fire)
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Item #
01/17/17
Home Fire Prevention Campaign
(Fire)
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