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HomeMy WebLinkAbout01-17-17 CC HA Agenda PacketAGENDA 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 1 of 416 CC/CDC-HA Agenda 1/17/2017 — Page 2 the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Elected Body Meetings. Audio headphones are available in the lobby at the beginning of the meeting. Audio interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. COUNCIL REQUESTS THAT ALL CELL PHONES AND PAGERS BE TURNED OFF DURING CITY COUNCIL MEETINGS. 2 of 416 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 3 of 416 CC/CDC-HA Agenda 1/17/2017 — Page 4 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).(Engineerinq/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. Warrant Register #19 for the period of 11/02/16 through 11/08/16 in the amount of $2,090,394.47. (Finance) 10. Warrant Register #20 for the period of 11/09/16 through 11/15/16 in the amount of $394,824.28. (Finance) 11. 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 12. Public Hearing - Conditional Use Permit for the expansion of a gas station convenience store located at 1803 Highland Avenue. (Applicant: Michael Rafo) (Case File 2016-17 CUP) (Planning) 13. Public Hearing - Consider approval of ordinances adopting the 2016 California Fire Code and the National Fire Protection Association Standards; the 2016 California Building Code and amending Chapter 15.08.075 of National City Municipal Code pertaining to City Council authority under Title 15; the 2016 California Electrical Code and 2014 National Electrical Code; the 2016 California Energy Code; Appendix J of the 2016 California Building Code, and Amending Chapter 15.70 (Grading) of the National City Municipal Code; the 2016 California Green Code; the 2016 California Mechanical Code; the 2016 California Plumbing 4of416 CC/CDC-HA Agenda 1/17/2017 — Page 5 Code; and the 2016 California Residential Code; and all Appendices related to these Codes. (Building/Engineering/Public Works/Fire) ORDINANCES FOR INTRODUCTION 14. 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) 15. 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 16. 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) 17. 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) 18. 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) 19. 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) 20. 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) 21. 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) 22. 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) 5 of 416 CC/CDC-HA Agenda 1/17/2017 — Page 6 23. 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) 24. 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) 25. (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 26. 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) 27. 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) 28. 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) 29. Resolution of the City Council of the City of National City adopting the amended Policy 802 "City Support for Special Events, Activities, Programs and Services" of the City Council Policy Manual Chapter 800. (Neighborhood Services) NEW BUSINESS 30. 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) 31. 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) 6 of 416 CC/CDC-HA Agenda 1/17/2017 — Page 7 32. 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) B. COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY PUBLIC HEARINGS- HOUSING AUTHORITY CONSENT RESOLUTIONS- HOUSING AUTHORITY NON CONSENT RESOLUTIONS- HOUSING AUTHORITY 33. Resolution of the Community Development Commission -Housing Authority of the City of National City authorizing the Executive Director 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) NEW BUSINESS- HOUSING AUTHORITY C. REPORTS STAFF REPORTS 34. Home Fire Prevention Campaign. (Fire) MAYOR AND CITY COUNCIL 35. Discussion and clarity of concerns in relation to the National City Chamber of Commerce. (Councilmember Rios) CLOSED SESSION REPORT ADJOURNMENT Adjourned Regular Meeting of the City Council/Community Development - Housing Authority of the City of National City - Budget Workshop - February 7, 2017 - 4:00 p.m. - Council Chambers - National City, California 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 7 of 416 CC/CDC-HA Agenda 1/17/2017 — Page 8 The following page(s) contain the backup material for Agenda Item: Interviews and Appointments: Community and Police Relations Commission. (City Clerk) 8 of 416 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: Esther Clemente PHONE: 619-336-7328 DEPARTMENT: City Clerk APPROVED BY:""4�."�ucKe�E. 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 four new applications (Lance Mirkin, Coyote Moon, Gilbert Garcia and Candy Morales). Name Interviewed Lance Mirkin Yes Coyote Moon Yes Gilbert Garcia No Candy Morales No FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance STAFF RECOMMENDATION: Take further action as desired to fill the vacancy. BOARD ! COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Applications 9 of 416 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Civil Service Commission 'lk 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 Commurdty and Police Relations Commission must pass a criminal background check prior to appointment. Name: GI Ineit 2 .l �9 Home Address: ` 4 ° ,e'n I 14 N Tel. No.: tc 19 - 9 6, _ 8 )5'o (c) Business Affihiation: Title: e ,• (ztg4 1 i- 13 CH) Business Address: 0-mo. Tel. No.: Length of Residence in National City: G,oi 4 a San Diego County: (c1 ki I /California: ( a S Educational Background: 9,p SL114.. V t S 4 tr t , .Jei1�tit Co (1 � 1( 0 \""C. .._ nor , `� Q) b �1 `''� 0 - Z^ a iv , ( o .. 1 j . Occupational Expecilice: ---t C et{ �,, C A N.1,'( ill) S i.S 0 , 11— /1' ) °l IN Jump `1ust'wai-' )-t 1- tAS Ps _ :`?-Aa i i i. Professional or Technics Organization Memberships: Krtit cA‘Ae \ 4 *415-b'IS Civic or Community Experience. Membership, or Previous Pubic Service Appointments: Q. 1C1i c c,li el'y- °ions Experience or Special Knowledge Pertaining to Area of Interest \-►+ e �—y-9retli 04c c s Have you ever been convicted of a felony crime? No: Yes: misdemeanor crime? No:„ Yes: its any convictions wars expunged dire le not required. Convict ons are fiot necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. Date: 11 t (\ Sul tS Signature: A, Lr&f\ 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 NOV 172016 Thank you for your interest in serving the City of National City. Ofm of the City Clerk * Residency requirements may not apply City of National city This documents is fled as a public document Reed: Manta 2012 10of416 Supplemental Application: National City Community and Police Relations Commission The National City Community and Police Relations Commission serves as an independent, unbiased and impartial office that is readily available to the public. It is an organization for the improvement of police and community relations and the facilitation of disputes whenever possible. It provides a forum for citizens to voice their concerns, comment about police conduct, practices and policies and improves communication between citizens and the National City Police Department The National City Community and Police Relations Commission is empowered to receive and review complaints regarding National City Police Department Personnel for alleged misconduct, and to recommend appropriate changes of Police Department policies and procedures toward the goals of safeguarding the rights of persons and promoting higher standards of competency, efficiency and justice in the provision of community policing services. Applicants must be completely forthright and truthful during the application process. Applicants may be disqualified in the background process as a result of dishonesty and/or purposely omitting information regarding one's criminal history. Given the complexity of this Commission and its duties, it is necessary to pass a criminal background check prior to appointment by City Council and/or swearing in as Commissioner. Upon conditional appointment the Human Resources department will contact you to schedule the criminal background process when, and if appropriate. It is important to note that you fill out this application completely and honestly to the best of your abilities. Failure to disclose your criminal history may result In disqualification. If a conviction has been expunged disclosure is not required. Have you ever been convicted of a felony crime: No: Yes: — Have you been convicted of a misdemeanor: No: Yes: If any convictions were expunged disclosure is nof required. Please feel free to provide an explanation or information regarding yes answers to the above two q uestions. 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 11 of 416 c Appwcamoti Pox oPpolleituva ^`e' ile'o Of ot fietionol I pt tor r th: buukect by ' AMMplls tor thegum of NM Pow tonolg.ion mat pesos criminal beekgrouted tic pill to appo nk N . Home d % ° 1 .7, ®n*Mort Tel. No., z . . Boa Tel. No • Length of residence in Notional City'. 214 gar, Mao Cam:Wren* r!' ie #m j 4RA V. Plofessiorod or leotwitael Orga (Weir ; Community Expellent*, .ice _ _ OtPedentv apeolorlftwiedgaNtakeng to.Afue of rest Fly you ever bean coriviotedlif a fiery sritne NO 'tyre, mIedarr none If any convictions were std tfte IS riot rewired, ric tion� aro not r disqu Masts fiver to piovkle eel molehation er motion e 4.1 � Y enswetto above MO - tip, -.— Si 'flew feel hie io. laui a i; gat Intonation orb of Please nOtkini Osinglatedform to: *Moof that:4y Clerk 1 National •0 , ttionat Cilyit4A algae Th nkyou for9ouriiiterest in aervingitie-Cily of National my. Tin dosuitisnititIediti attblionotsmeot 12of416 :,IEIrd: e ttelbnal City tommonilyPath fteligions COYSYISsiori OrieveSas indepetident detaiased eitilrepartiat offfce that Is readily. available to the:public. ItitAsenorganizetiOn forthe tmpmVuillard o police and oorantunity relations end the favilltetIOrt,Ofrifsputes Whenever. la. Ettscovklee a forum for eitlxans for voice their o , corninerd about palke conduct, p a d policies and btitprax+borfrsla.eakFl babeeen.joilftefis end the Nadonal41ty P+ ce L p r# i.:. the P 1 .ate Pate Raistions:CoyindssiOrtle 8rn d.ta.rood* and merieW- oe rcng mil PitY Pace €neM Pe et sirtigeti miosonottoiod to n000mm d a pp •, ,isichentOo. dr..6040 ilepot#m polloies and pr000dimla toward the goals of srreg the..,; is atpersons sett preMoting hlthor standards tif. cOrnpetehoyi of ncy'and • Judos lh the provittonotconynunilyaolloing s . • _ Appl Oants Must be .completely forthrialtarid truthfulduring .the applitedOn mom Applicants.may be diagoollfiad In glebe = a. • rld.ptocees.aera mut of citshoneetY endear PittPoSelY. Milling Infbnnetibb a c i history* Given the coy oft* 1,15:nuniseronand its dudes, niasaootealy#a:pei e.odmMal-ba rxad prtnrb.epPetr4Ineittbyt Caur ler ar sweating Ines Oorniyissitiner. Upon cohtlitionalappoinfinant theHuman :Resouroefiodepartraant will contact you *a actioduIe the t e[.beckground,proc when, and If appropriate,-. It.la.lmportanf to note t atyou fill OUtedsapprIcation.convietely and honestiyto the beet of r* abilities. to disoloseyour.critninoi hista-ry may toll# in dIsqualfIcation, .If a conv on has been IXOtatied drsoiosis+a t* r of tegt red. . Have you War been .00nvl ri,ofe *Orly orkrea lo: Yew Have yV tin cOnleicted.Of alyisdatneenon No Yee If any owviOliono vitae 'mint edtdlsclp re Is_ o rdqu/de Please foal freeto provide an explanation. or Infon'natJon regarding yes to the above foo Thera maY be biroulTstantIes t cat caould. dlegcea r eh applicant WA the boOlgoOund roost beyond the listed.a. lielv+N. Each incident is evoNeted In tiros aftbe-.thtmlftabqe0 and reCte suited/Wir Its 000Urrenceend iffdpgreaof neevence.to to position, Dbgqualifying: c`.comity and PoCorrsrilssion r "Saa-atteatted t+e►ble 13 of 416 CITY OF NATIONAL CITY APPLICATION POR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES V MI Service Commission v'Planning Commission Community & Police Relations Commission* (CPRC) vihIblic Art. Committee* rary Board of Trustees Traffic Safety Committee Parks, Recreation-& .Senior Citizens Advisory Board Note: Applicants must be residents of the City of National Clty except for those marked by an * Applicants for the Community and Police Relations Commission must pass acriminal background check prior to.appolntrnent. Name: 7y t NM/-7 Home Address: 21 -//7 Sf Tel. No.: 79 , 5i7,,3 Business Affiliation: ii '& Title: Business Address: Tel. No.: Length of Residence in National City: \ Y San Diego County:California: Educational Background: fy144 i Occupational Experience: or-mtolyiodith o mah4 c, Professional or Technical Organization Memberships: ii q Civic or Community Experience, Membership, or Previous Public Service Appointments: zu-or Experience or Special Knowledge Pertaining to Area of Interest: Have you ever be n convicted of a felony crime? Now/Yes:_ misdemeanor crime? NoiYes: _ 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: 2,0 Signature: PI se feel free to provide additional information .or letters of endorsernent. Please return completed form to: Office of the City Clerk 1243 National Clty Blvd, National City, CA 91930 Thank you for your interest in serving the City of National City. • Residency requirements may not apply This documents is fied'as a public documi 14 of 416 Revised: Decenmber2015 Supplemental Application: National City Community and Police Relations Commission The National City Community and Police Relations Commission serves as an independent, unbiased and impartial office that is readily available to the public. It is an organization for the improvement of police and community relations and the facilitation of disputes whenever possible. It provides a forum for citizens to voice their concerns, comment about police conduct, practices and policies and improves communication between citizens and the National City Police Department The National City Community and Police Relations Commission is empowered to receive and review complaints regarding National City Police Department Personnel for alleged misconduct, and to recommend appropriate changes of Police Department policies and procedures toward the goals of safeguarding the rights of persons and promoting higher standards of competency, efficiency and justice in the provision of community policing services. Applicants must be completely forthright and truthful during the application process. Applicants may be disqualified in the background process as a result of dishonesty and/or purposely omitting information regarding one's criminal history. Given the complexity of this Commission and its duties, it is necessary to pass a criminal background check prior to appointment by City Council and/or swearing in as Commissioner. Upon conditional appointment the Human Resources department will contact you to schedule the criminal background process when, and if appropriate, It is important to note that you fill out this application completely and honestly to the best of your abilities. Failure to disclose your criminal history may result in disqualification. If a conviction has been expunged disclosure is not required. Have you ever been convicted of a felony crime: No: Yes: Have you been convicted of a misdemeanor: No: V 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 15 of 416 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES _ Civil Service Commission ommunity & Police Relations Commission* (CPRC) Library Board of Trustees Parks, Recreation & Senior Citizens Advisory Board Planning Commission Public Art Committee* Traffic Safety Committee wort Commission 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. Narne: (lQyl(t� orrateS Home Address: 82.7 C -1WonvettNiaiDnat Ciiyi CA-611 `Tel. No.: - 1'3510 Business Affiliation: &fun O Title:il ( eVive teo iCe5 Wor ` c.)N Ware GlC5 Business Address: 7q � ��t' cA-�21�� C(}�,31f-}— Tel. No.: �i14= J(f�'� 54;9 Length of Residence in National City: 2m,- San Diego County:3apt5Califomia: 8eav6 Educational Background: MO5ker cj[ci(J( V J 4 (1.46A) •bcene vr 0 eC rift, wr Crimina1 Occupational Experience: TQIf�'S�' k- Pow1 iari i Yojnq act043 (%-2f) / TroreitionV 15 On nyec a c,le. f'r- ' wirrtirienCy, Professional or Technical Organization Memberships:5E1. ‘ 1 tAembe '"i in Team Thr Eikendrci.icyCam.eE) Civic or Community Experience, Membership, or Previous Public Service Appointments: t-Thk ienee, CCYF ccotte..0 Tal* nence or Special knowledgertea�n to Are re : P9 Have you ever been convicted of a felony crime? No:,fYes: misdemeanor crime? No:_v4s:_ 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: v2I Its, i lD Signature( Please feel free to provide additions information or letters of endorsement. Please return completed form to: Office of the City Cierk 1243 National City Blvd, National City, CA 91950 Thank you for your interest in serving the City of National City. " Residency requirements may not apply This documents is filed as a public document RECEIVED JAN 10 2017 Office of the City Clerk Oty RevisedMarch 2�012 16 of 416 Supplemental Application: National City Community and Police Relations Commission The National City Community and Police Relations Commission serves as an independent, unbiased and impartial office that is readily available to the public. it is an Organization for the improvement of police and community relations and the facilitation of disputes whenever possible. It provides a forum for citizens to voice their concerns, comment about police conduct, practices and policies and Improves communication between citizens and the National City Police Department The National City Community and Police Relations Commission is empowered to receive and review complaints regarding National City Police Department Personnel for alleged misconduct, and to recommend appropriate changes of Police Department policies and procedures toward the goals of safeguarding the rights of persons and promoting higher standards of competency, efficiency and justice in the provision of community policing services. Applicants must be completely forthright and truthful during the application process. Applicants may be disqualified In the background process as a result of dishonesty and/or purposely omitting information regarding one's criminal history. Given the complexity of this Commission and its duties, it is necessary to pass a criminal background check prior to appointment by City Council and/or swearing in as Commissioner. Upon conditional appointment the Human Resources department will contact you to schedule the criminal background process when, and if appropriate. It is important to note that you fill out this application completely and honestly to the best of your abilities. Failure to disclose your criminal history may result in disqualification. If a conviction has been expunged disclosure Is not required. Have you ever been convicted of a felony crime: No: Yes: Have you been convicted of a misdemeanor, No: Yes: If any convictions were expunged disclosure is not required, Please feel free to provide an explanation or information regarding yes answers to the above two q uestions. 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 17 of 416 Candy P. Morales, MSW, ACSW EDUCATION 827 C Avenue, National City, CA 91950 (619) 322-3510 candymorales91950Qgmail.com San Diego State University Master of Social Work, May 20-12 Bachelor of Science in Criminal Justice, May 2009 EMPLOYMENT County of San Diego, Health and Human Services Agency (IIHSA) - Child Welfare Services (CWS) Protective Services Worker, Extended Foster Care September 2014 — Present Protective Services Worker, Continuing Services Teen Unit June 2012 — September 2014 Social Work — MSW Intern, Continuing Services Teen Unit August 2011— May 2012 • Work with children, youth, families, and transition aged -youth, in the areas of guardianship, kinship, family maintenance, family reunification, and permanent plan. • Provide case management duties and development of case plan services with families. Monitor behavior and progress by family members, provide encouragement and support. • Conduct assessments, interviews, prepare and write court reports for the following hearings: jurisdiction and disposition, status review, termination of services, and returning home. • Connect with agencies for referral purposes, and participate in ILS collaborative meetings. Casey Family Programs September 2010 — May 2011 Social Work — MSW Intern • Secondary assignment of cases in the areas of guardianship and transition aged -youth. • Collaboration with the Chadwick Center, and other mental health providers to assist in the organization, recruitment and facilitation of youth focus groups addressing mental health. • Attend family reunification conferences, and weekly strategic planning meetings in relation to the areas of recruitment, reunification, intake, foster care, guardianship, and permanency. Law Offices of Vaughn and Vaughn May 2009 — August 2010 Achninistrative Assistant • Under minimal supervision, provide administrative support including; coordination of front desk, telephone coverage for multiple phone lines, copier projects, transcribing and drafting correspondence, mail handling, inventory control, and weekly calendar planning. • Assist in preparation of exhibits, record and update pleading/discovery files and master indexes pertaining to client files, research, deliver and file legal documents. ACCESS Inc., YES Program, Youth to Youth Program February 2007 — January 2011 County of San Diego Contractor for Potinsky Children's Center (PCC) — Youth Advocate • Provide supervision and comprehensive support to foster youth in crisis residing at PCC by mediating disputes between staff and residents and addressing positive and negative behavior, • Assist youth in preparing for emancipation through education of available community resources: education and scholarship opportunities, housing programs, employment, and healthcare. • Develop and co -facilitate educational presentations and workshops for residents concerning youth suitable topics: relationship building, skill development, goal setting, asset and financial literacy. • Supervise Hire -A -Youth participants, manage the Youth Reading Role Model Program, assist and participate in the Coordination of special events (Independent City, and ILS events). 18 of 416 Candy P. Morales, MSW, ACSW 827 C Avenue, National City, CA 91950 (619) 322-3510 candymorales91950@grnail.com Family Health Centers of San Diego (FHCSD) — Teen Health Center Outreach Worker July 2005 — July 2007 State Certified Family Planning Health Worker, Peer Provider July 2002 — July 2005 Peer Educator July 2000 — July 2002 • Preventive health efforts through one-on-one reproductive health counseling, community networking, presentations, street outreach and local community gatherings. Target population: homeless, immigrants, substance abusers, adolescents, low-income children and families. • Develop and facilitate trainings and presentations to high school students, and other diverse populations regarding reproductive health, mental health and other appropriate youth related issues. • Assist in compiling data of individual outreach numbers, and annual data reports program funding. VOLUNTEER EXPERIENCE AND BOARD SERVICE Just In Time for Foster Youth (JIT) Commission on Children Youth and Families Board (CCYF) San Diego Workforce Partnership, Youth Council Yokohama, Japan Sister Society, Exchange Program Jim Casey Youth Opportunities Initiative Mothers Against Drunk Driving, Hispanic Action Committee February 2005 — September 2010 May 2009 — August 2010 June 2008 — August 2010 February 2008 — March 2008 August 2006 — August 2009 July 2006 — July 2009 19 of 416 CC/CDC-HA Agenda 1/17/2017 — Page 20 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) 20 of 416 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) 21 of 416 CC/CDC-HA Agenda 1/17/2017 — Page 22 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 22 of 416 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 23 of 416 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. 24 of 416 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. 25 of 416 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 26 of 416 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 27 of 416 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) 28 of 416 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) '$10,.200 C0) Eliminate Line Item 11- Directional attached to new pole (Standard) ( 13,050 (X» ($7,249.5M $1f,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 $33,264.00 $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 So- ft3 Grand Total Awarded $270,359.00 $365,338.08 $317,715.35 29 of 416 RESOLUTION NO. 2017 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO A GOOD SIGN AND GRAPHICS CO., IN THE NOT -TO -EXCEED AMOUNT OF $270,359 FOR THE WAYFINDING SIGNAGE PROJECT, AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $40,553.85 FOR ANY UNFORESEEN CHANGES; AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, the Wayfinding Signage Project (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, and will include the installation of truck route signs along designated truck routes to reduce cut -through truck traffic in local neighborhoods; and WHEREAS, on December 13, 2016, the Engineering Department publicly opened, examined, and declared five (5) bids sealed bids for the Wayfinding Signage Project; and WHEREAS, A Good Sign and Graphics Co. was the lowest responsive bidder qualified to perform the work as described in the project specifications with a total bid amount of $228,391.40; and WHEREAS, a 15% contingency amount up to $34,258.71 for any unforeseen changes to the Project is requested. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the Wayfinding Signage Project to the lowest responsive, responsible bidder, to wit: A GOOD SIGN AND GRAPHICS CO. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $228,391.40 with A Good Sign and Graphics Co., for the Wayfinding Signage Project. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes a 15% contingency amount up to $34,258.71 for any unforeseen changes to the Project. [Signature Page to Follow] 30 of 416 Resolution No. 2017 — Page Two PASSED and ADOPTED this 17h day of January, 2017. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ron Morrison, Mayor 31 of 416 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, 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 32 of 416 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 33 of 416 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. 34 of 416 *.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. 35 of 416 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 36 of 416 RESOLUTION NO. 2017 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO PAVEMENT COATINGS CO. IN THE NOT -TO -EXCEED AMOUNT OF $228,391.40 FOR THE 18TH STREET BICYCLE ENHANCEMENTS PROJECT, AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $34,258.71 FOR ANY UNFORESEEN CHANGES, AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, the general scope of work for the 18' Street Bicycle Enhancements Project (the "Project") consists of striping and signing improvements along East 18th Street between "D" Avenue and Palm Avenue to include Class II bicycle facilities, such as striped bike lanes, bike signage, bicycle detector loops, and green bicycle boxes at signalized intersections to provide a smooth roadway surface for bicyclists; and WHEREAS, on December 8, 2016, the Engineering Department publicly opened, examined, and declared two (2) sealed bids for the 18th Street Bicycle Enhancements Project; and WHEREAS, Pavement Coatings Co. was the lowest responsive bidder qualified to perform the work as described in the project specifications with a total bid amount of $228,391.40; and WHEREAS, a 15% contingency amount up to $34,258.71 for any unforeseen changes to the Project is requested. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the 18" Street Bicycle Enhancements Project to the lowest responsive, responsible bidder, to wit: PAVEMENT COATINGS CO. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $228,391.40 with Pavement Coatings Co. for the 1 8th Street Bicycle Enhancements Project. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes a 15% contingency amount up to $34,258.71 for any unforeseen changes to the Project. PASSED and ADOPTED this 17" day of January, 2017. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III Interim City Attorney 37 of 416 CC/CDC-HA Agenda 1/17/2017 — Page 38 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 38 of 416 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 39 of 416 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. 40 of 416 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 41 of 416 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 42 of 416 r n\� L, tiLLL 43 of 416 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 44 of 416 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) Proposed location for Installation of 30' (one (1) parking space) red curb "No Parking" Location of request to install red curb M^ n�..E.�»�" located on "L" Avenue (looking north) 45 of 416 RESOLUTION NO. 2017 — 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 WHEREAS, a National City resident has requested red curb "No Parking" on "L" Avenue, north of the Plaza Village parking garage exit to enhance visibility and access when exiting the parking garage; and WHEREAS, after a site evaluation, 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; and WHEREAS, at its meeting on December 14, 2016, the Traffic Safety Committee approved staff's recommendation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes 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 when exiting the parking garage. PASSED and ADOPTED this 17h day of January, 2017. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ron Morrison, Mayor 46 of 416 CC/CDC-HA Agenda 1/17/2017 — Page 47 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 visibilit 47 of 416 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 48 of 416 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. 49 of 416 Location Map with Recomrnended Enhancements (TSC Item: 2016-23) 7305 E. 2G Street Proposed ID' red curb 940 Perkier E; 26T STREET 50 of 416 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 51 of 416 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 52 of 416 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. 53 of 416 Location Map with Recommended Enhancements (TSC Item: 2016-23) 1305 E, 2ET°' $tree' Proposed 10' rod curb l Proposed 20' red curb "No Parking" egy qy E.26T" STREET r, "No Parking" 54 of 416 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) 55 of 416 RESOLUTION NO. 2017 — 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 EAST 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 EAST 26TH STREET WHEREAS, a resident expressed concerns regarding visibility issues at the intersection of East 26th Street and "M" Avenue and has requested the installation of red curb "No Parking" on East 26th Street to enhance visibility and access from "M" Avenue onto East 26th Street; and WHEREAS, after a site evaluation, staff recommends the installation of 20 feet of red curb "No Parking" on the north side of East 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 East 26th Street; and WHEREAS, at its meeting on December 14, 2016, the Traffic Safety Committee approved staff's recommendation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the installation of 20 feet of red curb "No Parking" on the north side of East 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 East 26th Street. PASSED and ADOPTED this 17h day of January, 2017. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ron Morrison, Mayor 56 of 416 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 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 57 of 416 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 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: ACCOUNT NO. 320-418-339 320-31339-3463 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS 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 58 0t 416 (..: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 59 of 416 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((i‘j 0/711a. 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 60 of 416 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 61 of 416 Library Development Services Bureau P. 0. Box 942837 Sacramento, CA 94237-0001 900 N Street, 41h Floor, Sacramento, CA 95814 RESOLUTION NO. 2017 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING THE ACCEPTANCE OF A $26,362 AUGMENTATION TO THE CALIFORNIA LIBRARY LITERACY SERVICES 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 WHEREAS, in August 2016, the National City Library was awarded a California Library Literacy Services ("CLLS") Grant in a baseline amount of $18,000 to fund the Library's literacy services for Fiscal Year 2017; and $26,362; and WHEREAS, the California State Library has augmented the original grant by WHEREAS, the $26,362 augmentation to the grant funds is based on a formula that takes into account the per capita amount per adult learner served and a match of local funds raised and expended for adult literacy services (CDBG) in Fiscal Year 2017; and WHEREAS, the final payment of $26,362, brings the total amount of the CLLS Grant awarded to the National City Library for its Literacy Program to $44,362. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby ratifies the acceptance of a $26,362 augmentation to the California Library Literacy Services ("CLLS") Grant for Fiscal Year 2017 for the National City Library's Literacy Program, increasing the total grant amount from $18,000 to $44,362. BE IT FURTHER RESOLVED that the City Council authorizes the establishment of fund appropriations and a corresponding revenue budget for said grant funds. PASSED and ADOPTED this 17h day of January, 2017. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ron Morrison, Mayor 62 of 416 CC/CDC-HA Agenda 1/17/2017 — Page 63 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 63 of 416 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 b4OT41b 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 65 of 416 RESOLUTION NO. 2017 — 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 LT FROM RON BAKER CHEVROLET OF NATIONAL CITY IN THE AMOUNT OF $54,229.99 FOR THE FIRE DEPARTMENT WHEREAS, Bid No. GS1617-4 was issued for the purchase of one (1) 2017 Chevrolet Suburban LT, or equal, for use by the Fire Department; and WHEREAS, bids were mailed to twelve (12) vendors and two (2) responses were received, which were opened and publicly read on December 15, 2016 with no vendors present. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the purchase of one (1) 2017 Chevrolet Suburban LT to the lowest responsive responsible bidder, to wit: RON BAKER CHEVROLET OF NATIONAL CITY BE IT FURTHER RESOLVED that the City Council of the City of National City hereby authorizes the purchase of one (1) one 2017 Chevrolet Suburban LT from Ron Baker Chevrolet of National City in the amount of $54,229.99 for the Fire Department. PASSED and ADOPTED this 17" day of January, 2017. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ron Morrison, Mayor 66 of 416 CC/CDC-HA Agenda 1/17/2017 — Page 67 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) 67 of 416 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: k. Apalateguil DEPARTMENT: PHONE: f19-336-4572 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 Check/Wire Amount APPROVED BY• no Explanation Geosyntec Consultants Inc 326099 214,022.99 Paradise Creek Emergency Project Project Professionals Corp 326116 65,499.26 Plaza Blvd Widening Public Emp Retirement System 11022016 405,636.66 Service Period 10/11/16-10/24/16 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $2,090,394.47. APPROVED: — APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: 1 FINAL ADOPTION: STAFF RECOMMENDATION: ;Ratify warrants totaling $2,090,394.47 1 BOARD 1 COMMISSION RECOMMENDATION: !r1fA ATTACHMENTS: Warrant Register #19 r{. .•' - - Finance MIS bbof416 I PAYEE ACEDO, I 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,F 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 H;ODGES, B HONDO, E IBARRA, J JAMES, R JUNIEL, R KIMBLE, R LANDA, A LIMFUECO, M MATIENZO, M MC CABE, T MEDINA, R MINER, D MYERS, B NOTEWARE, D PAUU JR, P FEASE JR, D PETERS, S POST, R POZOS CREATIVE COMMUNICATIONS RAY, 5 ROARK, L RUIZ, J 1, / `P.. ati.oft.spiy,-_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 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 BENEFITS 1 NOV 2016 BENEFITS / NOV 2016 BENEFITS 1 NOV 2016 BENEFITS / NOV 2016 BENEFITS / NOV 2016 BENEFITS / NOV 2016 BENEFITS / NOV 2016 BENEFITS / NOV 2016 BENEFITS / NOV 2016 OPERATIONS / CSD BENEFITS / NOV 2016 BENEFITS / NOV 2016 BENEFITS / 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 2016 BENEFITS 1 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 1 NOV 2016 BENEFITS / NOV 2016 BENEFITS / 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 / NOV 2016 BENEFITS 1 NOV 2016 BENEFITS! NOV 2016 BENEFITS 1 NOV 2016 BENEFITS 1 NOV2016 PHOTOGRAPHY / STATE OF THE CITY ADDRESS RETIREE HEALTH BENEFITS / NOV 2016 RETIREE HEALTH BENEFITS / NOV 2016 RETIREE HEALTH )V 2016 69 of 416 1/3 CHK NO DATE AMOUNT 326017 11/3/16 160.00 326018 1113/16 110.00 326019 11/3/16 70.00 326020 11/3/16 140.00 326021 11/3/16 110,00 326022 11/3/15 260.00 326023 11/3/16 145.00 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 11/3/16 250.00 326030 11/3/16 110.00 326031 11/3/16 70.00 326032 11/3/16 480.00 326033 11/3/16 250.00 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 11/3116 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 11/3/16 105.00 326055 11/3/16 580.00 326056 11/3/16 140.00 326057 11/3/16 120.00 326058 11/3/16 340.00 326059 11/3/16 140.00 326060 11/3/16 290.00 326061 11/3/16 280.00 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 TIPTON, 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 1' 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 BENEFITS 1 NOV 2016 RETIREE HEALTH BENEFITS 1 NOV 2016 RETIREE HEALTH BENEFITS 1 NOV 2016 RETIREE HEALTH BENEFITS / NOV 2016 RETIREE HEALTH BENEFITS J NOV 2016 RETIREE HEALTH BENEFITS 1 NOV 2016 RETIREE HEALTH BENEFITS J NOV 2016 RETIREE HEALTH BENEFITS 1 NOV 2016 RETIREE HEALTH BENEFITS 1 NOV 2016 LIGHTING FOR WATER TENDER - FIRE ACPD RENEWAL FEES FOOD 1 NUTRITION CENTER FOOD 1 NUTRITION CENTER PHONE SERVICE 1 OCTOBER 2016 N.C. ALLEY DESIGN PROJECT SUBSISTENCE: DISPATCHER SUPERVISORY 1 PD SUBSISTENCE POST MANAGEMENT COURSE 1 PD CALIBER BORE SNAKE -COTTON APPLICATORS LEGAL PUBLICATION UPDATE MUNICIPAL SEWER TRANSP. PROJECT CERTIFIED POOL OPERATOR COURSE SUBSISTENCE: 24-HR PERISHABLE SKILLS VIDEO PRODUCTION / STATE OF THE CITY RCS OCTOBER 2016 HEATCRAFT MODEL MOH0251 62CF 1 PW COX SERVICES 1 OCTOBER 2016 MONTHLY RECURRING BILLING 1 POLICE DELL KMM CONSOLES / MIS EVENT PREMIER RESTROOM 1 CSD STORM WATER SERVICES 2016-2017 FLEET VEHICLE LEASE i ENG IACP REIMB/ PD / 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 - 11101/16 COUNCIL LEGAL PUBLICATION UPDATE ADV SUB 24CPT DAN NAGLE/PD REIMB 1 NCPD CANCER AWARENESS PATCHES NARCOTIC INV. REIMB/ PD N. MATTHEWS PHONE SERVICE / NOVEMBER 2016 REF MYLAR TREAT BAG OR TRICK 1 PD MOP 45707. TOOLS / FIRE KNIFE SHARPEN' JUTRITION 70 of 416 2/3 CHK NO DATE AMOUNT 326066 1113/16 340.00 326067 1113116 300.00 326068 11/3/16 320.00 326069 11/3/16 135.09 326070 11/3/16 250.00 325071 11/3/15 280.00 326072 1113/16 480.00 326073 11/3/16 230.00 326074 11/3/16 300.00 326075 1118116 2,279.80 326076 11/8/16 618.00 326077 11/8/16 3,411.77 326078 11/8116 907.73 326079 11/8/16 38.26 326080 11/8/16 8,807.50 326081 11/8/16 1,570.70 326082 11/8/16 563.45 326083 11/8/16 564.22 326084 11/8/16 382.13 326085 11/8/16 984.03 326086 11/8116 395.00 326087 11/8/16 495.45 326088 11/8/16 3,000.00 326089 11/8/16 7,810.00 326090 11/8116 2,953.53 326091 11/8/16 259.81 325092 11/8/16 7,340.69 326093 11/8/16 5,014.60 326094 11/8/16 106.35 326095 11/8/16 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 11/8116 1,477.35 326102 11/8/16 640.00 326103 11/8/16 364.94 326104 11/8/16 174.29 326105 11/8/16 495.45 326106 11/8/16 280.00 326107 11/8/16 81.84 326108 11/8/16 67.17 326109 11/8/16 966.10 326110 11/8/16 491.14 326111 11/8/16 78.00 326112 11/8/16 795.20 326113 11/8/16 166.52 326114 11/8/16 46.00 3/3 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 SPARI<LETTS 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 10i25/2016 WARRANT REGISTER #19 11/8/2016 DESCRIPTION 22013/04F TSR X2X26P DATA PORT DOWNLOAD PLAZA BLVD WIDENING VOLUNTARY LIFE INS - NOV 2016 TUITION INFORMANT COURSE/MATTHEWS PD TUITION 24 CPT PECKJPD TUITION POST SUPERVISORY / R. GONZALES FLEXIBLE SPENDING NOV/DEC 2016/JAN 2017 MEAT / NUTRITION CENTER SHERMAN BLOCK TRAINING REIMBISHEPHARD PD MOP 45756. WATER / FIRE WATER 1 NUTRITION MOP 45704. OFFICE SUPPLIES / FIRE FOOD 1 NUTRITION CENTER IACP REIMB/TELLEZ PD NOTICE OF CANDIDATES - CHINESE CREDIT CARD EXPENSES / FIRE UPS CHARGES /PD CREDIT CARD EXPENSE/PD TRAINING CPPA TRAINING REIMBURSEMENT 1 NSD VERIZON OCTOBER 2016 DESIGN THEME - PD MOP VENDOR 00351 ELECTRONICS TRAINING HONOR GUARD SCHOOL REIMB/ YBARRA SERVICE PERIOD 10/11/16 - 10/24/16 End Date 11/7/2016 Check Date 11 /23/20 16 GRAND TOTAL CHK NO DATE AMOUNT 326115 11/8/16 1,126.05 326116 11/8/16 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 69.0D 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 11/8/16 38.10 326127 11/8/16 575.03 326128 11/8/16 3,911.54 326129 11/8/16 60.0D 326130 11/8/16 120.90 326131 11/8/16 8,941.37 326132 11/8/16 44.82 326133 11/8/16 5,248.87 326134 11/8/16 375.0D 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 NP Total 444,158.03 11022016 11/2/16 405.636.66 1,240,589.7E $ 2,090,394.47 71 of 416 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. - 0( MARK ROBERTS, LESLIE DEESE, CITY MANAGER FINANCE COMMrrrEE 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 CLAL?VIS 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 72 of 416 CC/CDC-HA Agenda 1/17/2017 — Page 73 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) 73 of 416 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) i PREPARED BY: k. Apalategui1 DEPARTMENT: in:n e PHONE: 619-336-4572 APPROVED BY: EXPLANATION: W 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. Vendor ChecklWire Amount Explanation Innovative Construction 326180 50,697.50 Paradise Creek Rest. Project ZoII Medical Corp 326222 89,463.40 Monitors and Accessories / Fire FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $394,824.28. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Ratify warrants totaling $394,824.28 BOARD / COMMISSION RECOMMENDATION: [NI ATTACHMENTS: Warrant Register #20 Finance MIS 74 of 416 PAYEE BRIAN 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, ID CALIXTO, R CARDOZA, M CHEN RYAN ASSOCIATES INC CITY OF IMPERIAL BEACH C1TY OF NATIONAL CITY CLEAN HARBORS CLF WAREHOUSE COUNTY OF SAN Di EGO CULLIGAN CYNTHIA TITGEN CONSULTING INC DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY R. HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP D-MAX ENGINEERING DOULEY ENTERPRISES DURON, C E2 MANAGE TECH INC 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. MAINTEX INC MCDOUGAL LOVE ECKIS METRO WASTEWATER JPA WARRANT REGISTER #20 11/15/2016 DESCRIPTION MAINTENANCE AND INSPECTION SVCS PD REIMBURSEMENT FOR DISPATCH SUPPLIES TRAINING REIMB FOR FBINAA/CHIEF RODRIGUEZ UPS SHIPMENT 1 FINANCE R8A 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 MANAGEMEN I COURSE REIMB: FIREARMS ARMORER SCHOOL REIMB: FIELD TRAINING OFFICER DIVISION STREET PROJECT WQIP SD BAY CONTRIBUTION PROJECT PROPERTY TAX/MOC LMD1/PLANNING HOUSEHOLD HAZARDOUS WASTE SEAT FOR WATER TENDER/ FIRE MAIL PROCESSING SERVICES WATERSOFTNER FOR DISHWASHER / NUTRITION RISK PROFESSIONAL SERVICES / 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 COPSWEST/HERNANDEZ PD PARADISE CREEK REST. PROJECT ITE 2017 MEMBERSHIP STEVE M. / 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 20' 75 of 416 1 12 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 /15116 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, W 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 FURNITURE - COMM SVCS / CHAIR - EN/PW LEGAL SERVICES/SUCCESSOR AGENCY R & M CITY VEHICLES FOR FY 2017 REIMB: FIELD TRAINING OFFICER UPDATE MOP#45707. PAINT SUPPLIES / NSD MOP#45742. LAUNDRY SVC / NSD N.C. CORRECTIVE ACTION PROJECT PUBLIC WORKS YARD PROJECT TUITION DRUG INFLUENCE - SABALANPD NA I IUNAL CFI Y NEW SLE 1 tER LEGAL NOTICES ADVERTISING EDUCATION REIMBURSEMENT FACILITIES DIVISION GAS & ELECTRIC UTILITIES MEAT / NUTRITION CENTER REIMB: FIELD TRAINING OFFICER UPDATE 1 PD MOP#77816. PAINT SUPPLIES / NSD PD RECORDS MANDATORY RECORDS PURGE MOP 45756/PROMOTIONAL SUPPLIES/HR R & M CITY VEHICLES 1 PW MOP 45704 PD OFFICE SUPPLIES / FINANCE TACK OIL AND COLD MIX / PW PARKS DIVISION WATER BILL FY 2017 FOOD 1 NUTRITION CENTER SUPERVISORS TRAINING / 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 1 PW EDUCATION REIMBURSEMENT MONITORS & ACCESSORIES 1 FIRE FUEL FOR CITY FLEET OCTOBER 2016 UNEMPLOYMENT INS 07/01/16 - 09/30116 BENETRAC ESR SVCS BASE FEE NOV 2016 2/2 CHK NO DATE AMOUNT 326190 11/15/16 743.26 326191 11/15/16 3,477.53 326192 11/15/16 1,040.00 326193 11/15/16 653.13 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 11/15115 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 11115/16 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 7,482 Eire 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 11/15116 1,114.96 326219 11/15116 500.00 32622f 11/15/16 1,686.99 326221 11/15/16 500.00 326222 11/16/16 89.463.40 516222 529879 869769 AIP Total 11/14/16 11/14/16 11/14/16 368,383.82 24,073.46 1,858.00 509.00 GRAND TOTAL $ 394,824.28 76 of 416 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE °OVi K N NT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK ROBER , FIN 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 77 of 416 CC/CDC-HA Agenda 1/17/2017 — Page 78 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) 78 of 416 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 79 of 416 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 'ROJECT 80 of 416 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 81 of 416 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 82 of 416 CC/CDC-HA Agenda 1/17/2017 — Page 83 The following page(s) contain the backup material for Agenda Item: Public Hearing - Conditional Use Permit for the expansion of a gas station convenience store located at 1803 Highland Avenue. (Applicant: Michael Rafo) (Case File 2016-17 CUP) (Planning) 83 of 416 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 17, 2017 AGENDA ITEM NO. ITEM TITLE: Public Hearing - Conditional Use Permit for the expansion of a gas station convenience store located at 1803 Highland Avenue. (Applicant: Michael Rafo) (Case File 2016-17 CUP). PREPARED BY: !Martin Reeder, AICP PHONE: 619-336-4313 EXPLANATION: The 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: 'Planning. 1% APPROVED BY - 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 lise Permit' BOARD / COMMISSION RECOMMENDATION: the Planning Commission approved the Conditional Use Permit. Ayes: Baca, Bush, DeLaPaz, Flores, Garcia, Sendt, Yamane l ATTACHMENTS: 1. 'Background Report 2. Recommended Findings 3. Recommended Conditions of Approval 4. Overhead Finance MIS 6. Reduced Plans 6. Planning Commission staff report 7. Planning Commission Resolution 2016-13 8. Public Hearing Notice 84 of 416 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: 85 of 416 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: 86 of 416 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. 87 of 416 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 88 of 416 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 89 of 416 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. 90 of 416 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. 91 of 416 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. 92 of 416 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. 93 of 416 -2016-17 CUP — 1803 Highland Ave. — Overhead 10 PROJ!GT INFO; E*lIBIT:A CASE FILE NO.: 701(p -11 Cur ice`#: 7 i n f t io slrs: 109 HOWARDEL U HATIORAL.CFTY.C&51 D OWNER: =MEL RAFO 1888 HKiIL1WD91.4D. NATOIMI. CET:RA DOWNER; .ION HURLEY R OLOWO CEBTBR 145113 CHERRYST BRIGHT0I 1X 111P909 CONTRAOMR: NIA PROJECT LJFOE P196P0!!D AppmQN TO EXHIAID OCSJYEN83JCE ETORE AT ETaa1INOEYIBBTATIDN. 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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 98 of 416 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. 99 of 416 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. 100 of 416 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 101 of 416 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. 102 of 416 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- 103 of 416 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 104 of 416 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. 105 of 416 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. 106 of 416 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. 107 of 416 + 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 108 of 416 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 2 109 of 416 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 110 of 416 1803 Highland Avenue / Crime Rate 81 Calls for Service 1 CFS TOTAL (01JAN2016-Present) PRIORITY Count 1 2 3 1 4 5 zap, motor ABC Newt 41eips-weg staranoim eptgetel Pinirtkfitrot gove,'F.,,IF*1-4 ov•-$:,,i, -r:1-!....-: o•-. woe vim .1.44.•:.g. • wrioNAL07 . _ ...., .. (011161$ bit KW F Al FA i Crc.:* ,..1*4 Pal .;. ::-ffi• . !rlf,..7.ff.,: 25..".,4 14 air Eat r$! 2 97!,Ocitel $1 L 111 of 416 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 112 of 416 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 Conetzly Change Project is a project of the Matto Le for Parc Strategies end is funded by Me San oiago- Couety Mesfh and Human Services ►,gency 2615 Canino dal gto Sa. #30{l • San Diego. Caldttnia, 92108 • Phpne_ 619.476.9100 • Fax 619.416-9104 vo.ev.pubtioararegiesorg 113 of 416 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 114 of 416 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 115 of 416 Source: Microsoft Mappoint NCPD CAU, 4/18/07 City of National City Beat 23 116 of 416 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 117 of 416 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 118 of 416 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. 119 of 416 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. 120 of 416 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. 121 of 416 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 122 of 416 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 123 of 416 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 124 of 416 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 125 of 416 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 126 of 416 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 127 of 416 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 128 of 416 CC/CDC-HA Agenda 1/17/2017 — Page 129 The following page(s) contain the backup material for Agenda Item: Public Hearing - Consider approval of ordinances adopting the 2016 California Fire Code and the National Fire Protection Association Standards; the 2016 California Building Code and amending Chapter 15.08.075 of National City Municipal Code pertaining to 129 of 416 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 17, 2017 AGENDA ITEM NO. ITEM TITLE: Public Hearing — Consider approval of ordinances adopting the 2016 California Fire Code and the National Fire Protection Association Standards; the 2016 California Building Code and amending Chapter 15.08.075 of National City Municipal Code pertaining to City Council authority under Title 15; the 2016 California Electrical Code and 2014 National Electrical Code; the 2016 California Energy Code; Appendix J of the 2016 California Building Code, and Amending Chapter 15.70 (Grading) of the National City Municipal Code; the 2016 California Green Code; the 2016 California Mechanical Code; the 2016 California Plumbing Code; and the 2016 California Residential Code; and all Appendices related to these Codes. PREPARED BY: EXPLANATION: Luis Sainz (ext. 4214) Jose Lopez (ext. 4312) Robert Hernandez (ext. 4552) Please see attached staff report. DEPARTMENTS: Building Engineering/Public Works Fire APPR.OVII5 ` FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: NIA ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Hold public hearing. BOARD I COMMISSION RECOMMENDATION: NIA ATTACHMENTS: Staff report. 130of416 STAFF REPORT The purpose of this public hearing is to consider the approval of ordinances adopting the 2016 California Fire Code; the 2016 California Building Code; the 2016 California Electrical code and 2014 National Electrical Code; the 2016 California Energy Code; Appendix J of the 2016 California Building Code, and Amending Chapter 15.70 (Grading) of the National City Municipal Code; the 2016 California Green Code; the 2016 California Mechanical Code; the 2016 California Plumbing Code; and the 2016 California Residential Code and all Appendices related to these Codes. Adoption of these model coeds by reference is authorized by Government Code Sections 50022.2 through 50022.4, and Section 6066. 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 riot restrict local amendments to the administrative provisions of the codes. In order to simplify construction in National City, staff is recommending that the model codes be adopted with minimal revisions. The ordinances adopting each of these uniform codes are companion items on this agenda. Those agenda items contain an explanation of each ordinance. The ordinances were presented for introduction at the City Council meeting of December 6, 2016. 131 of 416 CC/CDC-HA Agenda 1/17/2017 — Page 132 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) 132 of 416 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. 133 of 416 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. 92 134 of 416 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 92 135 of 416 — 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 92 136 of 416 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 92 137 of 416 ORDINANCE NO. 2017 — AN ORDINANCE AMENDING TITLE 15 OF THE NATIONAL CITY MUNICIPAL CODE TO ADD CHAPTER 15.82 PERTAINING TO EXPEDITED PERMIT PROCESSING FOR ELECTRIC VEHICLE CHARGING STATIONS WHEREAS, Subdivision (g)(1) of Section 65850.7 of the California Government Code provides that, on or before September 30, 2017, the City shall adopt an ordinance, consistent with the goals and intent of subdivision (a) of Section 65850.7, that creates an expedited, streamlined permitting process for electric vehicle charging stations; and WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the amendment of the National City Municipal Code; and WHEREAS, pursuant to legal notice, hearings were held by the City Council of National City, and all persons interested were given the opportunity to appear and be heard before said City Council; and WHEREAS, staff has prepared a report to the City Council of National City and has recommended such amendment. NOW, THEREFORE, the City Council does ordain as follows; Section 1. All protests against said amendment to the Municipal Code be hereby denied and overruled. Section 2. That Title 15 of the National City Municipal Code be amended to add the following Chapter: Chapter 15.82 Expedited Permit Processing For Electric Vehicle Charging Stations. Sections: 15.82.010 Purpose. 15.82.020 Definitions. 15.82.030 Electric vehicle charging stations. 15.82.040 Fees. 15.82.010 Purpose. The purpose of this Chapter is to provide an expedited, streamlined permitting process for electric vehicle charging stations that complies with AB 1236 (Chapter 598, Statutes 2015, California Government Code Section 65850.7) in order to achieve timely and cost-effective installations of electric vehicle charging stations. This 138 of 416 Chapter encourages the installation of electric vehicle charging stations by removing unreasonable barriers, minimizing costs to applicants and the City, and facilitating the installation of electric vehicle charging stations. This Chapter allows the City to achieve those goals while protecting the public health and safety. 15.82.020 Definitions. The following definitions shall apply to this chapter: A. "A feasible method to satisfactorily mitigate or avoid the specific, adverse impact" means any cost-effective method, condition, or mitigation imposed by the City on another similarly situated application in a prior successful application for a permit. B. "Electric vehicle charging station" or "charging station" means any level of electric vehicle supply equipment station that is designed and built in compliance with the California Electrical Code, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. C. "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. 15.82.030 Electric vehicle charging stations. A. Purpose. The purpose of this section is to adopt an expedited permitting process for electric vehicle charging stations pursuant to Government Code 65850.7(g). B. Permitting. Applicants desiring to qualify for the expedited review shall submit an application to the City, in a form approved by the City's Building Official. The Building Official is authorized to administratively act on such applications pursuant to this section. Decisions of the Building Official may be appealed to the Planning Commission. C. Checklists. The City Building Official is authorized and directed to develop checklists of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review. An application that satisfies the requirements of the eligibility checklists, as determined by the building official, shall be deemed complete and eligible for the expedited permitting process. The checklist and required permitting documentation shall be published on the City's website. Electronic submittal of permit applications and electronic signatures shall be accepted. Upon receipt of an incomplete application, the Building Official shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible. D. Issuance of Permits. Upon confirmation by the Building Official of the application and supporting documentation being complete and that the electric vehicle charging stations substantially conform to all applicable local, state, and federal health and safety requirements, the Building Official shall administratively approve the application and issue required permits. E. Use Permit. If the Building Official makes a finding, based on substantial evidence, that the proposed project could have a specific, adverse impact on the public health and safety, the Building Official may require the applicant to apply for a conditional use permit. F. Conditions. Any conditions imposed on an application to install an electric vehicle charging stations shall be designed to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible. 139 of 416 G. Denial. The City may deny an application if it makes written findings based on substantial evidence in the record that the proposed installation would have a specific, adverse impact on the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. H. Prioritization. The City may establish a process to prioritize competing applications for expedited permits. 15.82.050 Fees. Permit fees for eligible electric vehicle charging stations shall be as specified in the Master Fee Schedule of the City of National City. PASSED and ADOPTED this day of , 2016. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ron Morrison, Mayor 140 of 416 CC/CDC-HA Agenda 1/17/2017 — Page 141 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) 141 of 416 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 142 of 416 1 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 143 of 416 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 144 of 416 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 145 of 416 CC/CDC-HA Agenda 1/17/2017 — Page 146 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) 146 of 416 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 147 of 416 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. 148 of 416 ORDINANCE NO 2017 — 2418 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2016 CALIFORNIA FIRE CODE AND THE APPENDICES THERETO, ADOPTING THE 2016 CALIFORNIA BUILDING STANDARDS CODE (TITLE 24, PART 9 OF THE CALIFORNIA CODE OF REGULATIONS), ADOPTING THE NATIONAL FIRE PROTECTION ASSOCIATION STANDARDS, AND AMENDING CHAPTER 15.28 OF THE NATIONAL CITY MUNICIPAL CODE The City Council of the City of National City does ordain as follows: Section 1. The City Council of the City of National City hereby adopts the 2016 California Fire Code, the 2016 California Building Standards Code (Title 24, Part 9 of the California Code of Regulations), the Appendices thereto, and the National Fire Protection Association Standards except as amended in Chapter 15.28 of the National City Municipal Code. Section 2. The City Council finds that, consistent with their findings adopted in 2013 under Ordinance No. 2013-2387, which findings are incorporated herein by reference, the amendments being made in this Chapter 15.28 are reasonably necessary because of local climatic, geological, or topographical conditions: namely, that the age of structures, separation and density create an increased risk of conflagration meriting more stringent standards. A copy of this ordinance shall be filed with the Office of the State Fire Marshal and the State Building Standards Commission. This action is taken pursuant to Health and Safety Code sections 17958.7 and 18941.5. Section 3. The City Council of the City of National City hereby amends and deletes certain sections of the 2016 California Fire Code, based on local climatic, topographic or geological conditions that justify deviating from that Code. Section 4. The City Council of the City of National City hereby amends Title 15, Chapter 15.28 of the National City Municipal Code to read as follows: CHAPTER 15.28 CALIFORNIA FIRE CODE Sections: 15.28.002 Findings and declarations. 15.28.010 2016 California Fire Code — Adopted and amended. 15.28.020 Establishment and duties of fire prevention bureau. 15.28.030 Definitions. 15.28.035 Establishment of limits of districts in which storage of cryogenic fluids in stationary containers is prohibited — Amended. 149 of 416 15.28.040 Establishment of limits of districts in which storage of Class I and II liquids in outside aboveground tanks is prohibited — Amended. 15.28.050 Establishment of limits in which storage of liquefied petroleum is prohibited — Amended. 15.28.060 Establishment of Limits for Storage of Explosives and Blasting Agents is to be prohibited — Amended. 15.28.070 Amendments made to the 2016 California Fire Code. 15.28.080 Section 102.7 "Referenced Codes" — Amended. 15.28.085 Section 307.4.1 "Bonfires" — Amended. 15.28.090 Section 307.4.2 "Recreational Fires" — Amended. 15.28.100 Section 1013.6.1 "Graphics" — Amended. 15.28.110 Section 5704.3.3.9 "Storage of Empty Wooden or Plastic Pallets" — Supplemented. 15.28.120 Section 503.2.7 and Appendix Section D103.2 "Grade" — Amended. 15.28.130 Section 503.6 "Security Gates" — Amended. 15.28.140 Section 108, "Board of Appeals", Section 108.1, "Board of appeals established" - Amended 15.28.150 New materials, processes or occupancies, which may require permits. 15.28.160 Penalties. 15.28.002 Findings and declarations. The City Council of the City of National City, does specifically and expressly find and declare that the nature and uniqueness of the local climate, geographical and topographical conditions in the City of National City does reasonably necessitate and demand specific changes in and variations from the 2016 California Fire Code, which are noted in and made part of this chapter as authorized by Health and Safety Code Sections 17958.7 and 18941.5. These conditions result from the age and concentration of structures and the increased risk of conflagration spread as a result. 15.28.010 2016 California Fire Code — Adopted and amended. There is adopted by the City Council of the City of National City for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion and establishing a fire prevention bureau, the 2016 California Fire Code, and the appendices thereto, including both Administration Divisions I and II, published by the International Code Council and the California Building Standards Commission, and the National Fire Protection Association Standards (current edition) published by the National Fire Protection Association, save and except such portions as are hereinafter deleted, added, or amended. Within this chapter, those codes may be collectively referred to as the California Fire Code. One copy of this adopted code is on file in the office of the fire marshal of the City of National City. The code is adopted and incorporated as fully as if set out as length herein, and from the date on which this chapter shall take effect, shall be controlling within the limits of the City of National City. Ordinance No. 2017-2418 2 Amending NCMC Chapter 15.28 Aopted: January 17, 2017 2016 Fire Code 150 of 416 15.28.020 Establishment and duties of fire prevention bureau. A. The California Fire Code shall be enforced by the fire prevention bureau in the fire department in the City of National City, which is established and shall be operated under the supervision of the chief of the fire department. B. The battalion chief/fire marshal in charge of the fire prevention bureau shall be appointed by the chief of the fire department of the City of National City. C. The director of emergency services may detail members of the fire department as inspectors as shall from time to time be necessary. The chief of the fire department shall recommend to the city manager of National City the employment of technical inspectors, who, when such authorization is made, shall be selected through an examination to determine their fitness for the same position. 15.28.030 Definitions. A. The word "jurisdiction" used in the 2016 California Fire Code means the City of National City. B. Whenever the words "chief of the bureau of fire prevention" are used in the California Fire Code, they shall be held to mean the fire marshal of the City of National City. C. Where reference to the Uniform Building Code, or Building Code, or any Nationally Recognized Standard is made, it means the currently adopted edition. D. Where the word "Administrator" is used in the California Fire Code, it shall be held to mean the city council of the City of National City. Whenever the term " City" is used, it means the City of National City. E. Where the term "corporation counsel" is used in the California Fire Code, it shall be held to mean the city attorney for the City of National City. F. "Fire authority having jurisdiction (FAHJ)" means the designated entity providing enforcement of fire regulations as they relate to planning, construction, and development. This entity may also provide fire suppression and other emergency services. G. Whenever the term "this code" is used, it means the 2016 California Fire Code as modified by the City of National City with the deletions, amendments, and additions contained in this chapter. H. Whenever the terms "chief", "fire chief", "chief of the fire department" are used, they mean the "director of the department of emergency services". 15.28.035 Establishment of limits of districts in which storage of cryogenic fluids in stationary containers is prohibited — Amended. Section 5504.3 of the 2016 California Fire Code is amended to read as follows: The Establishment of Limits for Storage of Flammable Cryogenic Fluids. The storage of flammable cryogenic fluids is prohibited in all areas within the City limits of National City, except within the following zones as established by the National City Land Use Code: MM and IM; Medium Manufacturing; MH and IH; Heavy Manufacturing; MT —Tidelands Manufacturing. 15.28.040 Establishment of limits of districts in which storage of Class I and II liquids in outside aboveground tanks is prohibited — Amended. Sections 5704.2.9.6 and 5706.2.4.4 of the 2016 California Fire Code are amended to read as follows: Ordinance No. 2017-2418 3 Amending NCMC Chapter 15.28 Aopted: January 17, 2017 151 of 416 2016 Fire Code All areas within the city limits of the City of National City except for those areas zoned commercial or manufacturing, as established, defined, and set under the zoning regulations in Title 18 of the National City Municipal Code. 15.28.050 Establishment of limits in which storage of liquefied petroleum gases is prohibited — Amended. Section 6104.2 of the 2016 California Fire Code is amended to read as follows: All areas within the city limits of the City of National City, except for those areas zoned commercial or manufacturing, as established, defined, and set under zoning regulations in Title 18 of the National City Municipal Code. 15.28.060 Establishment of limits for storage of explosives and fireworks is to be prohibited — Amended. Chapter 56 of the 2016 California Fire Code is amended to read as follows: The permanent storage of explosives and/or fireworks shall be strictly prohibited within the city limits of the City of National City. Temporary storage may be allowed, by permit, during setup for excavation, demonstration, or other use, when in the opinion of the fire marshal, there are significant measures in place to ensure public safety. 15.28.070 Amendments made to the 2016 California Fire Code. The geographical density of the City of National City, the dry southern California climate, which is subject to annual drought conditions, make the following amendments set out in Sections 15.28.080 through 15.28.130 necessary and meet the conditions described in Section 15.28.002, Findings and declarations. 15.28.080 Section 102.7 "Referenced Codes" — Amended. Section of the 2016 California Fire Code is amended to read as follows: 102.7 The codes, standards, and publications adopted and set forth in this code, including other codes, standards and publications referred to therein are, by title and their most current edition, hereby adopted as standard reference documents of this code. When this code does not specifically cover any subject related to building design and construction, recognized fire engineering practices shall be employed. The National Fire Codes and the Fire Protection Handbook of the National Fire Protection Association are permitted to be used as authoritative guides in determining recognized fire -prevention engineering practices. 15.28.085 Section 307.4.1 "Bonfires" — Amended. Section 307.4.1 of the 2016 California Fire Code is amended to read as follows: 307.4.1 Bonfires. Bonfires are strictly prohibited within the City Limits. Ordinance No. 2017-2418 4 Amending NCMC Chapter 15.28 Aopted: January 17, 2017 2016 Fire Code 152 of 416 15.28.090 Section 307.4.2 "Recreational Fires" — Amended. Section 307.4.2 of the California Fire Code is amended to read as follows: 307.4.2 Recreational Fires. Recreational Fires are strictly prohibited within the City limits. 15.28.100 Section 1013.6.1 "Graphics" — Amended. Section 1013.6.1 of the 2016 California Fire Code is amended to read as follows: 1013.6.1 Graphics. Every exit sign and directional exit sign shall have plainly legible letters not less than 6 inches (152 mm) high with the principal strokes of the letters not less than 0.75 inch (19.1 mm) wide. The word "EXIT" shall have letters having a width not less than 2 inches (51 mm) wide, except the letter "I," and the minimum spacing between letters shall not be less than 0.375 inch (9.5 mm). Signs larger than the minimum established in this section shall have letter widths, strokes, and spacing in proportion to the height. The word "EXIT" shall be green in color and in high contrast with the background and shall be clearly discernible when the means of exit sign illumination is or is not energized. If a chevron directional indicator is provided as part of the exit sign, it shall be green in color, the construction shall be such that the direction of the chevron directional indicator cannot be readily changed. 15.28.110 Section 5704.3.3.9 "Storage of Empty Wooden or Plastic Pallets" — Supplemented. The following is added to Section 5704.3.3.9 as follows: Storage of Empty Wooden or Plastic Pallets. The storage of empty wooden or plastic pallets is prohibited, except as follows: 1. Outdoor Storage. Pallets may be stored outside of a building or in a detached building. Pallets shall not be stacked closer than 5 feet from any building. 2. Indoor Storage. Pallets shall not be stored indoors unless the premises are protected with an automatic fire sprinkler system in accordance with NFPA Standard 13, section titled Protection of Idle Pallets, except when both of the following conditions are met: a. Pallets are stored no higher than 6 feet. b. Each pallet pile of no more than 4 stacks shall be separated from other pallet piles by at least 8 feet of clear space and 25 feet from any commodity. 15.28.120 Section 503.2.7 and Appendix Section D103.2 "Grade" — Amended. Sections 503.2.7 and Appendix Section D103.2 of the 2016 California Fire Code are amended to read as follows: 503.2.7 and Appendix Section D103.2 Grade. The maximum permitted gradient for a fire apparatus access road shall not exceed 15%. Ordinance No. 2017-2418 5 Amending NCMC Chapter 15.28 Aopted: January 17, 2017 2016 Fire Code 153 of 416 15.28.130 Section 503.6 "Security Gates" — Amended. Section 503.6 of the 2016 California Fire Code is amended as follows: All gates or other structures or devices which could obstruct fire access roadways or otherwise hinder emergency operations are prohibited unless they meet standards approved by the Chief, and receive Specific Plan Approval. All automatic gates across fire access roadways and driveways shall be equipped with an approved key -operated switches overriding all command functions and opening the gate(s). Gates accessing more than four residences or residential lots, or gates accessing hazardous institutional, educational or assembly occupancy group structures, shall also be equipped with an approved emergency traffic control -activating strobe light sensor(s), or other devices approved by the Chief, which will activate the gate on the approach of emergency apparatus with a battery back-up or manual mechanical disconnect in case of power failure. All automatic gates must meet fire department policies deemed necessary by the Chief for rapid, reliable access. 15.28.140 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 Marshal relative to the application and interpretation of this code, the City Council shall appoint an ad hoc Board of Appeals consisting of three (3) members who are qualified by experience and training to pass judgment on matters pertaining to hazards of fire, explosions, hazardous conditions and/or fire protection systems, and 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 Fire Marshal. The Fire Marshal shall take immediate action in accordance with the decision of the Board, unless such decision is appealed to the City Council. Decisions of the board may be appealed to the City Council by the appellant or by the Fire Marshal 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 hearing on the appeal. 15.28.150 New materials, processes or occupancies, which may require permits. The building and safety director, the chief of the fire department and the fire marshal shall act as a committee to determine and specify, after giving effected persons an opportunity to be heard, any new materials, processes or occupancies which shall require permits in addition to those now enumerated in said code. The fire marshal shall post such list in a conspicuous place in his/her office and distribute copies thereof to interested parties. 15.28.160 Penalties. Any person who shall violate any of the provisions of the 2016 California Fire Code adopted or any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved is guilty of a misdemeanor. Ordinance No. 2017-2418 6 Amending NCMC Chapter 15.28 Aopted: January 17, 2017 2016 Fire Code 154 of 416 PASSED and ADOPTED this 17th day of January, 2017. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ordinance No. 2017-2418 7 Amending NCMC Chapter 15.28 Aopted: January 17, 2017 2016 Fire Code 155 of 416 CC/CDC-HA Agenda 1/17/2017 — Page 156 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 156 of 416 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. WA ENVIRONMENTAL REVIEW: /A1 ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: Finance APPROVED: MIS STAFF RECOMMENDATION: Adoption BOARD ! COMMISSION RECOMMENDATION: ATTACHMENTS: Explanation 157 of 416 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. 158 of 416 ORDINANCE NO. 2017 — 2419 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING VOLUMES I AND II AND APPENDICES C, G, H, AND I OF THE 2016 CALIFORNIA BUILDING CODE, AMENDING CERTAIN SECTIONS OF THAT CODE, AND AMENDING CHAPTER 15.08 OF THE NATIONAL CITY MUNICIPAL CODE Section 1. The City Council of the City of National City hereby adopts Volumes I and II, and Appendices C, G, H, and I of the 2016 California Building Code, except as amended in Chapter 15.08 of the National City Municipal Code. Section 2. The City Council of the City of National City consistent, with their findings adopted in 2013 under Ordinance No. 2013-2392, which are incorporated herein by reference, hereby deletes, adds, or modifies certain provisions of the 2016 California Building Code based on local climatic, topographic, or geological conditions that justify deviating from that code. Section 3. The City Council of the City of National City amends Chapter 15.08 of the National City Municipal Code to read as follows: CHAPTER 15.08 CALIFORNIA BUILDING CODE Sections: 15.08.010 California Building Code — Adopted. 15.08.020 Chapter 2, Definitions — Amended. 15.08.025 Chapter 1, DIVISION II, Section 104 "Duties and Powers of Building Official", Subsection 104.6 "Right of entry" — Amended. 15.08.030 Chapter 1, DIVISION II, Section 105 "Permits", Subsection 105.2 "Work exempt from permit — Building" — Amended. 15.08.040 Chapter 1, DIVISION II, Section 105 "Permits", Subsection 105.5 "Expiration" — Amended. 15.08.045 Chapter 1, DIVISION II, Section 105 "Permits", Subsection 105.7 "Placement of permit" — Amended. 15.08.050 Chapter 1, DIVISION II, Section 105 "Permits", Subsection 105.8 "Permit denial" — Added. 15.08.055 Chapter 1, DIVISION II, Section 109 "Fees", Subsection 109.2 "Schedule of permit fees" — Amended. 15.08.056 Plan review fees —Added. 15.08.060 Chapter 1, DIVISION II, Section 109 "Fees", Subsection 109.4 "Work commencing before permit issuance" — Amended. 159 of 416 15.08.065 Chapter 1, DIVISION II, Section 110 "Inspections", Subsection 110.3.8.1 "Reinspections" — Added. 15.08.070 Chapter 1, DIVISION II, Section 111 "Certificate of Occupancy", Subsection 111.3 "Temporary occupancy" — Amended. 15.08.075 Chapter 1, DIVISION II, Section 113 "Board of Appeals", Subsection 113.1 "General" — Amended. 15.08.080 Chapter 1, DIVISION II, Section 114 "Violations", Subsection 114.1 "Unlawful acts" — Amended. 15.08.085 Section 501 "General", Subsection 501.2 "Address identification" — Amended. 15.08.090 Table 1505.1 "Minimum roof covering classification for types of construction" — Amended. 15.08.092 Chapter 18, Division II, Section 1803 "Geotechnical Investigations", Subsection 1803.1.1.1 — Added. 15.08.093 Chapter 31, Division II, Section 3109 Swimming Pool Enclosures and Safety Devices, Subsection 3109.4.4.8 "Construction requirements for building a pool or spa" — Amended. 15.08.095 Appendix Chapters C, G, H and I — Adopted. 15.08.010 California Building Code — Adopted. The City Council adopts, for the purpose of prescribing regulations governing the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, use, height, area, fire resistance and maintenance of all buildings and/or structures, Volumes I and II of the 2016 California Building Code, including both Administration Divisions I and II, published in the California Building Standards Commission 2016 Edition, based on the International Building Code 2015 Edition, California Code of Regulations, Title 24, Part 2, Part 2.5 of Division 13 of the California Health and Safety Code beginning with section 18901, and Appendices C, G, H, and I, save and except such portions as are deleted, added, or modified. Copies of all the codes are filed in the office of the building official and are adopted and incorporated as fully set out in this chapter, and the provisions thereof shall be controlling within the city limits. 15.08.020 Chapter 2, Definitions — Amended. Section 202 of the 2016 California Building Code is amended by amending the following definition: Building, Existing. An "existing building" is a building erected prior to the adoption of the 2016 California Building Code, or one for which a legal building permit has been issued. If more than fifty -percent of a structural roof or more than fifty -percent of all exterior walls are removed as part of a project, the building is not an existing building. Ordinance No. 2017-2419 2 Amending NCMC Chapter 15.08 Adopted: January 17, 2017 Adopting 2016 Building Code 160 of 416 15.08.025 Chapter 1, DIVISION II, Section 104 "Duties and Powers of Building Official", Subsection 104.6 "Right of entry" — Amended. Section 104.6 of the 2016 California Building Code is amended to read as follows: 104.6 Right of Entry. When necessary to make an inspection to enforce any of the provisions of this code, or when the Authority Having Jurisdiction has reasonable cause to believe that there exists a condition that makes such building or premises unsafe, dangerous or hazardous, the Authority Having Jurisdiction, or designee, may request entry as specified in Chapter 1.12 of the National City Municipal Code. 15.08.030 Chapter 1, DIVISION II, Section 105 "Permits," Subsection 105.2 "Work exempt from permit — Building" — Amended. Section 105.2 Building: Item 4 of the 2016 California Building Code is amended to read as follows: (Items 1 — 3 unchanged) 4. Permits for retaining walls shall be as specified in the National City Municipal Code, Chapter 15.70. (Items 5 — 13 unchanged) Section 105.2 Building of the 2016 California Building Code is amended by adding the following Subsections 14 through 17: 14. Playground, gymnastic and similar equipment and structures used for recreation and athletic activities accessory to Group R Division 3 structures. 15. Repairs to lawfully existing Group R Division 3 structures and Group U occupancy structures accessory to Group R Division 3 structures constructed pursuant to a building permit which involves only the replacement of component parts or existing work completed with similar materials only for the purpose of maintenance and do not affect any structural components or plumbing, mechanical or electrical installations. Repairs exempt from permit requirements shall not include any addition, change, or modification in construction, exit facilities or permanent fixtures or equipment. Specifically exempt from permit requirements are: 1) Painting and decorating including refinishing of exterior stucco finishes. 2) Installation of floor covering. 3) Cabinet work. 4) Outside paving on private property not within the public right-of-way. 16. Ground mounted satellite antennas not exceeding ten feet in diameter and roof mounted satellite antennas not exceeding eight feet in diameter. 17. Painted wall signs and styrofoam or other foam mounted wall signs. Ordinance No. 2017-2419 3 Amending NCMC Chapter 15.08 Adopted: January 17, 2017 Adopting 2016 Building Code 161 of 416 15.08.040 Chapter 1, DIVISION II, Section 105 "Permits", Subsection 105.5 "Expiration" — Amended. Section 105.5 of the 2016 California Building Code is amended to read as follows: Section 105.5 Expiration. Every permit issued by the Authority Having Jurisdiction under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within six calendar months from the date of such permit, or if the building or work authorized by such permit is stopped at any time after the work is commenced for a period of six calendar months, or if the building or work authorized by such permit exceeds three calendar years from the issuance date of the permit. Work shall be presumed to have commenced if the permittee has obtained a required inspection approval of work authorized by the permit by the Authority Having Jurisdiction within six calendar months of the date of permit issuance. Work shall be presumed to be stopped if the permittee has not obtained a required inspection approval of work by the Authority Having Jurisdiction within each six-month period upon the initial commencement of work authorized by such permit. Before such work can be recommenced, a new permit, or a renewal permit as specified below, shall be first obtained. 1. Permits where work has not commenced. For permits for which work has not commenced in the first six calendar months from the date of issuance, a renewal permit may be obtained provided that: A. No changes have been made or will be made in the original plans and specifications for such work; B. The expiration has not exceeded three years from the original issuance date; C. The same edition of the California codes is in effect as used in the initial plan check; D. A fee equal to one-half the amount required for a new permit is paid; and E. The renewal permit shall expire three calendar years from the date of initial permit issuance. Where later editions of the California codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect, a full new plan check is required, and a full new plan check fee shall be paid. Upon completion of a new plan check, the permit may be renewed upon payment of a permit fee equal to one-half the amount required for a new permit. 2. Permits where work has commenced. For permits where work has commenced and was subsequently stopped as defined herein, a renewal permit may be obtained provided that: A. No changes have been made or will be made in the original plans and specifications for such work; Ordinance No. 2017-2419 4 Amending NCMC Chapter 15.08 Adopted: January 17, 2017 Adopting 2016 Building Code 162 of 416 B. The expiration has not exceeded three years from the original issuance date; C. A fee equal to one-half the amount required for a new permit is paid, except that where construction has progressed and has been approved to the point of requiring only a final inspection, a fee equal to one quarter the amount required for a new permit shall be paid; and D. A renewal permit shall expire three calendar years from the date of initial permit issuance. 3. Permits that have exceeded three years. For permits that have exceeded three years beyond the issuance date, a renewed permit may be obtained provided that: A. Construction in reliance upon the building permit has commenced and has been approved; B. No changes have been made or will be made in the original plans and specifications for such work; and C. A fee equal to the full amount required for a new permit is paid except that where the Authority Having Jurisdiction determines that construction has progressed to the point that a lesser fee is warranted, such lesser fee shall be paid. The maximum life of a permit renewal in accordance with subsection 15.08.040.3 shall be one calendar year from the date of renewal. The permit may be renewed for each calendar year thereafter provided that all requirements of Subsections A, B and C as stated in subsection 15.08.040.3 are met. 4. Extension of an unexpired permit. For an extension of an unexpired permit, the permittee may apply for an extension of the time within which work under that permit may be continued when, for good and satisfactory reasons as determined by the Authority Having Jurisdiction in his or her sole discretion, the permittee is unable to continue work within the time required by section 15.08.040. The Authority Having Jurisdiction may extend the time for action by the permittee for a period not exceeding six calendar months beyond the expiration date in effect at the time of the extension application, upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. 5. Permits issued where the permittee has been deployed to a foreign country, may be held in abeyance until six months after the return of the permittee from his/her deployment if necessary, upon application for such relief by the permittee. 15.08.045 Chapter 1, DIVISION II, Section 105 "Permits", Subsection 105.7 "Placement of permit" — Amended. Section 105.7 of the 2016 California Building Code is amended to read as follows: Section 105.7 Placement of permit. The building permit or a copy, the inspection record, and the approved plans shall all be kept on site until the completion of the project. The inspection record is to be kept on the job unless removed by the building official. Ordinance No. 2017-2419 5 Amending NCMC Chapter 15.08 Adopted: January 17, 2017 Adopting 2016 Building Code 163 of 416 15.08.050 Chapter 1, DIVISION II, Section 105 "Permits", Subsection 105.8 "Permit denial" — Added. Section 105.8 is added to the 2016 California Building Code to read as follows: Section 105.8 Permit denial. The Authority Having Jurisdiction may deny the issuance of a building permit on any property where there exists an unsafe or a substandard building as provided in Chapter 15.10 and 15.16 of the National City Municipal Code, or where there exists unlawful construction, or where there exists a violation of the National City Municipal Code. 15.08.055 Chapter 1, DIVISION II, Section 109 "Fees", Subsection 109.2 "Schedule of permit fees" — Amended. Section 109.2 of the 2016 California Building Code is amended to read as follows: Section 109.2 Schedule of permit fees. Permit fees, including plan review fees, shall be assessed in accordance with the current City of National City Fee Schedule. 15.08.056 Plan review fees — Added. When plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged in accordance with the current City of National City Fee Schedule. 15.08.060 Chapter 1, DIVISION II, Section 109 "Fees", Subsection 109.4 "Work commencing before permit issuance" — Amended. Section 109.4 of the 2016 California Building Code is amended to read as follows: Section 109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an administrative penalty equal to the inspection fee portion the permit fee that would be required by this code if a permit were to be issued. The administrative penalty is in addition to a permit fee. When a plan review is required for issuance of such permit, the plan review fee portion will not be subject to said penalty. 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. 15.08.065 Chapter 1, DIVISION II, Section 110 "Inspections", Subsection 110.3.8.1 "Re -inspections" — Added. Section 110.3.8.1 is added to the 2016 California Building Code to read as follows: Section 110.3.8.1 Re -inspections. A re -inspection fee may be assessed for each inspection or re -inspection when any of the following occurs: 1. The portion of work for which the inspection was called is not complete or the corrections previously required and called for are not made; 2. Calling for an inspection before the job is ready for such inspection or re -inspection; Ordinance No. 2017-2419 6 Amending NCMC Chapter 15.08 Adopted: January 17, 2017 Adopting 2016 Building Code 164 of 416 3. The inspection record card or the approved plans are not posted or otherwise available to the inspector; 4. Failure to provide access on the date for which the inspection is requested; or 5. Deviating from the approved plans when such deviation or change required approval of the building official. To obtain a re -inspection, the permittee shall file an application in writing on a form provided for that purpose and pay the re -inspection fee in accordance with the current City of National City Fee Schedule. In instances where a re - inspection fee has been assessed, no further inspections shall be performed until the fees have been paid. 15.08.070 Chapter 1, DIVISION II, Section 111 "Certificate of Occupancy", Subsection 111.3 "Temporary occupancy" — Amended. Section 111.3 of the 2016 California Building Code is amended to read as follows: Section 111.3 Temporary Certificate of Occupancy. Where a project or a major portion thereof is substantially complete and can be safely occupied, but practical difficulties delay completion of work, the building official may issue a Temporary Certificate of Occupancy for the use of a portion or portions of the building or structure prior to the completion of the entire project. Prior to issuance of a Temporary Certificate of Occupancy, the premises shall be inspected by all affected city departments who shall prepare a list of work required to be completed and shall forward the list along with a recommendation for approval or disapproval of the issuance of a Temporary Certificate of Occupancy to the building official. Upon receipt of a recommendation for approval from all affected City departments, the building official may prepare a Temporary Certificate of Occupancy granting temporary occupancy that shall include the following: 1. Work yet to be completed; 2. Maximum time allotted for completion of said work; 3. Property owner's signature and the signature of the contractor agreeing to complete the work within the prescribed time or vacate the premises upon order of the building official until such work is completed; 4. Evidence that a faithful performance bond has been posted if required by any affected city department; and 5. A copy of the Temporary Certificate of Occupancy granting temporary occupancy shall be provided to all affected city departments. 15.08.075 Chapter 1, DIVISION II, Section 113 "Board of Appeals", Subsection 113.1 "General" — Amended. Section 113.1 of the 2016 California Building 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) Ordinance No. 2017-2419 7 Amending NCMC Chapter 15.08 Adopted: January 17, 2017 Adopting 2016 Building Code 165 of 416 members who are qualified 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. Decisions of the Board may be appealed to the City Council by the appellant or by 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 hearing on the appeal. 15.08.080 Chapter 1, DIVISION II, Section 114 "Violations", Subsection 114.1 "Unlawful acts" — Amended. Section 114.1 of the 2016 California Building Code is amended to read as follows: Section 114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code. Violation of any provision of this code shall be punishable as a misdemeanor and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code. 15.08.085 Section 501 "General", Subsection 501.2 "Address identification" — Amended. Section 501.2 of the 2016 California Building Code is amended to read as follows: Section 501.2 Address numbers. Every principal building or structure within the incorporated limits of the City of National City shall be identified by a designated street number as issued by the National City Fire Department. Approved numbers or addresses shall be placed on all new and existing buildings, adjacent to the principal entrance to the premises or at a point that is highly visible and legible from the street. If necessary, directional signs shall be posted showing proper access to the given address from a point where the Fire Department access roadway leaves the dedicated street, to the entrance of each addressed building. All such numbers shall be Arabic numerals or alphabetical letters and shall be a minimum of 4 inches (102mm) high with a minimum stroke width of 0.5 inches (12.7mm), and shall be placed on a contrasting background. 15.08.090 Table 1505.1 "Minimum roof covering classification for types of construction" — Amended. Table 1505.1 of the 2016 California Building Code is amended to read as follows: Due to climatic and geographical conditions within the City of National City, Table 1505.1 is amended as follows: Ordinance No. 2017-2419 8 Amending NCMC Chapter 15.08 Adopted: January 17, 2017 Adopting 2016 Building Code 166 of 416 Table 1505.1 Minimum Roof Covering Classification For Types of Construction IA IB IIA IIB IIIA IIIB IV VA VB B B B B B B B B B 15.08.092 Chapter 18, Division II, Section 1803 "Geotechnical Investigations", Subsection 1803.1.1.1 — Added. Chapter 18, Division II, Section 1803 Geotechnical Investigations, Subsection 1803.1.1.1.1 is added to the 2016 California Building Code to read as follows: Subsection 1803.1.1.1. A geotechnical investigation shall be submitted with each application for a building permit for a new building or addition 500 square feet and larger. The investigation and report shall comply with the requirements of Section 1803. 15.08.093 Chapter 31, Division II, Section 3109 Swimming Pool Enclosures and Safety Devices, Subsection 3109.4.4.8 "Construction requirements for building a pool or spa" — Amended. Section 3109.4.4.8 of the 2016 California Building Code is amended to read as follows: Section 3109.4.4.8 Construction requirements for building a pool or spa. Whenever any building permit is issued and there is an existing swimming pool, toddler pool or spa, the permit shall require that the suction outlet of the existing swimming pool, toddler pool or spa be updated so as to be equipped with an anti - entrapment cover meeting current standards of the American Society for Testing and Materials (ASTM) or the American Society of Mechanical Engineers (ASME). 15.08.095 Appendix Chapters C, G, H, and I — Adopted. Appendix Chapters C, G, H, and I of the 2016 California Building Code are adopted. PASSED and ADOPTED this 17th day of January, 2017. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III Interim City Attorney Ordinance No. 2017-2419 9 Amending NCMC Chapter 15.08 Adopted: January 17, 2017 Adopting 2016 Building Code 167 of 416 CC/CDC-HA Agenda 1/17/2017 — Page 168 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) 168 of 416 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 169 of 416 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. 170 of 416 ORDINANCE NO. 2017 — 2420 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2016 CALIFORNIA ELECTRICAL CODE, INCLUDING ANNEX H, AND THE 2014 NATIONAL ELECTRICAL CODE, AND AMENDING CERTAIN SECTIONS OF THOSE CODES, AND AMENDING CHAPTER 15.24 OF THE NATIONAL CITY MUNICIPAL CODE Section 1. The City Council of the City of National City adopts the 2016 California Electrical Code, Annex H of the 2016 California Electric Code, California Code of Regulations, Title 24, Part 3, including all Annexes, and the 2014 National Electrical Code except as amended in Chapter 15.24 of the National City Municipal Code. Section 2. The City Council of the City of National City deletes, adds, or modifies certain provisions of the 2016 California Electrical Code and Annex H of the 2016 California Building Code, consistent with their findings adopted in 2013 under Ordinance No. 2013-2386, which findings are incorporated herein by reference. Section 3. The City Council of the City of National City amends Chapter 15.24 of the National City Municipal Code to read as follows: CHAPTER 15.24 CALIFORNIA ELECTRICAL CODE Sections: 15.24.005 2016 California Electrical Code, Annex H of the 2016 California Electrical Code and the 2014 National Electrical Code — Adopted and amended. 15.24.010 Annex H, Administration and enforcement — Adopted and amended. 15.24.015 Annex H, Section 80.13 "Authority", Subsection 80.13(7) "Right of entry" — Amended. 15.24.020 Annex H, Section 80.13 "Authority", Subsection 80.13(17) "Electric Fences Prohibited" — Added. 15.24.025 Annex H, Section 80.19 "Permits and Approvals", Subsection 80.19(D) "Annual permits" — Deleted. 15.24.030 Annex H, Section 80.19 "Permits and Approvals", Subsection 80.19(E) "Fees" — Amended. 15.24.035 Annex H, "Work commencing before permit issuance" — Added 15.24.040 Annex H, Section 80.19 "Permits and Approvals", Subsection 80.19(F) "Inspection and approvals" — Amended. 15.24.045 Annex H, Section 80.19 "Permits and Approvals", Subsection 80.19(H) "Applications and extensions" — Amended. 171 of 416 15.24.050 Annex H, Section 80.19 "Permits and Approvals", Subsection 80.19(1) "Permit denial" — Added. 15.24.055 Annex H, Section 80.23 "Notice of violations, penalties" — Amended. 15.24.060 Annex H, Section 80.25 "Connection to electrical supply", Subsection 80.25(C) "Notification" — Deleted. 15.24.065 Annex H, Section 80.27 "Inspector's qualifications" — Deleted. 15.24.070 Annex H, Section 80.29 "Liability for damages" — Deleted. 15.24.075 Annex G, Supervisory Control and Data Acquisition (SCADA) — Deleted. 15.24.080 Article 89 "General Code Provisions", Subsection 89.108.8 "Appeals Board" — Amended. 15.24.005 2016 California Electrical Code, Annex H of the 2016 California Electrical Code and the 2014 National Electrical Code — Adopted and amended. The City Council adopts 2016 California Electrical Code, Annex H of the 2016 California Electric Code, California Code of Regulations, Title 24, Part 3, including all Annexes, and the 2014 National Electrical Code, for the purpose of prescribing in the City of National City, regulations governing the inspection of installations, investigation of fires caused by electrical installations, the review of construction plans, drawings, and specifications for electrical systems, the design, alteration, modification, construction, maintenance, and testing of electrical systems and equipment, the regulation and control of electrical installations at special events including but not limited to exhibits trade shows, amusement parks, and other similar special occupancies, in or on any building or structure, or outdoors on any premises or property. The City Council amends, deletes, or adds certain sections of the 2016 Electrical Code, Annex H of the 2016 Electrical Code, and the 2014 National Electrical Code, based on local climatic, topographic or geological conditions that justify deviating from said Codes. Copies of these codes are filed in the office of the building official, and are adopted and incorporated as if fully set out in this chapter, and the provisions thereof shall be controlling within the city limits. 15.24.010 Annex H, Administration and enforcement — Adopted and amended. ANNEX H to the 2016 California Electrical Code entitled "Administration and Enforcement", is adopted subject to the following additions, amendments and deletions contained in this chapter. 15.24.015 Annex H, Section 80.13 "Authority", Subsection 80.13(7) "Right of entry" — Amended. Section 80.13(7) of Annex H of the 2016 California Electrical Code is amended to read as follows: 80.13(7) Right of entry. When necessary to make inspections to enforce any provision of this code, or when the Building Official has reasonable cause to believe that there exists in any building or upon any premises a condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the Building Official, or designee, may request entry as specified in Chapter 1.12 of the National City Municipal Code. Ordinance No. 2017-2420 2 Amending NCMC Chapter 15.24 Adopted: January 17, 2017 2016 Electrical Code 172 of 416 15.24.020 Annex H, Section 80.13 "Authority", Subsection 80.13(17) "Electric Fences Prohibited" — Added. Section 80.13 (17) is added to Annex H of the 2016 California Electrical Code as follows: 80.13 (17). Electric Fences Prohibited. No electric fence shall be constructed maintained or operated within the City of National City. Electric fences as used herein, include all fences which in any way use electrical energy as an additional deterrent or have wires charged with electricity which are not covered with adequate insulation to protect persons and animals coming in contact therewith. 15.24.025 Annex H, Section 80.19 "Permits and Approvals", Subsection 80.19(D) "Annual permits" — Deleted. Section 80.19(D) of Annex H of the 2016 California Electrical Code is deleted. 15.24.030 Annex H, Section 80.19 "Permits and Approvals", Subsection 80.19(E) "Fees" — Amended. Section 80.19(E) of Annex H of the 2016 California Electrical Code is amended to read as follows: Fees shall be assessed in accordance with the current City of National City Fee Schedule. 15.24.035 Annex H, "Work commencing before permit issuance" — Added. Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an administrative penalty equal to the inspection fee portion the permit fee that would be required by this code if a permit were to be issued. The administrative penalty is in addition to a permit fee. When a plan review is required for issuance of such permit, the plan review fee portion will not be subject to said penalty. 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. 15.24.040 Annex H, Section 80.19 "Permits and Approvals", Subsection 80.19(F) "Inspection and approvals" — Amended. Section 80.19(F) of Annex H of the 2016 California Electrical Code is amended to read as follows: (1) All electrical systems and equipment for which a permit is required by this code shall be subject to inspection by the Building Official, and the electrical system shall remain accessible and exposed for inspection purposes until approved by the Building Official. It shall be the duty of the permittee to cause the electrical system to remain accessible and exposed for inspection purposes. Neither the Building Official, nor the City of National City shall be liable for the expense entailed in the removal or replacement of any material required to permit inspection. When the Ordinance No. 2017-2420 3 Amending NCMC Chapter 15.24 Adopted: January 17, 2017 2016 Electrical Code 173 of 416 installation of an electrical system and equipment is complete, an additional and final inspection shall be made. Electrical systems and equipment regulated by this code shall not be connected to the energy source until authorized by the Building Official. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the City of National City. Inspections presuming to give authority to violate or cancel provisions of this code or other ordinances of the City of National City shall not be valid. (2) Inspection requests. It shall be of the duty of the permittee to notify the Building Official that such work is ready for inspection. The Building Official may require that every request for inspection be filed at least one working day before such inspection is desired. Such request may be in writing or by telephone at the option of the Building Official. It shall be the duty of the permittee to provide access to and means for inspection of such work. (3) Operation of Electrical Equipment. The requirements of section 15.24.040 shall not be construed to prohibit the operation of any electrical system or equipment installed to replace existing equipment. The request for inspection of such equipment must have been with the Building Official not more than forty-eight hours after such replacement work is completed and before any portion of such electrical system is concealed by any permanent portion of the building. (4) Re -inspections. A re -inspection fee may be assessed for each inspection or re -inspection when any of the following occurs: A. The portion of the work for which the inspection was called is not complete or the corrections previously required are not made; B. Calling for an inspection before the job is ready for such inspection or re -inspection; C. The inspection record card or the approved plans are not posted or otherwise available to the inspector; D. Failure to provide access on the date for which the inspection is requested; or E. Deviating from the approved plans when such deviation or change required approval of the Building Official. To obtain a re -inspection, the permittee shall file an application in writing on a form provided for that purpose and pay the re -inspection fee in accordance with the current City of National City Fee Schedule. In instances where re -inspection fees have been assessed, no further inspections shall be performed until the fees have been paid. 15.24.045 Annex H, Section 80.19 "Permits and Approvals", Subsection 80.19(H) "Applications and extensions" — Amended. Section 80.19(H) of Annex H of the 2016 California Electrical Code is amended to read as follows: Ordinance No. 2017-2420 4 Amending NCMC Chapter 15.24 Adopted: January 17, 2017 2016 Electrical Code 174 of 416 80.19(H) Application and Extensions. Every permit issued by the Building Official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within six calendar months from the date of such permit, or if the building or work authorized by such permit is stopped at any time after the work is commenced for a period of six calendar months, or if the building or work authorized by such permit exceeds three calendar years from the issuance date of the permit. Work shall be presumed to have commenced if the permittee has obtained a required inspection approval of work authorized by the permit by the Building Official within six calendar months of the date of permit issuance. Work shall be presumed to be stopped if the permittee has not obtained a required inspection approval of work by the Building Official within each six month period upon the initial commencement of work authorized by such permit. Before such work can be recommenced, a new permit, or a renewal permit as specified below, shall be first obtained. 1. Permits where work has not commenced. For permits for which work has not commenced in the first six calendar months from the date of issuance, a renewal permit may be obtained provided that: A. No changes have been made or will be made in the original plans and specifications for such work; B. The expiration has not exceeded three years from the original issuance date; C. The same edition of the California codes is in effect as used in the initial plan check; D. A fee equal to one-half the amount required for a new permit is paid; and E. The renewal permit shall expire three calendar years from the date of initial permit issuance. Where later editions of the California codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect, a full new plan check is required, and a full new plan check fee shall be paid. Upon completion of a new plan check, the permit may be renewed upon payment of a permit fee equal to one-half the amount required for a new permit. 2. Permits where work has commenced. For permits where work has commenced and was subsequently stopped as defined herein, a renewal permit may be obtained provided that: A. No changes have been made or will be made in the original plans and specifications for such work; B. The expiration has not exceeded three years from the original issuance date; C. A fee equal to one-half the amount required for a new permit is paid, except that where construction has progressed and has been approved to the point of requiring only a final inspection, a fee equal to one quarter the amount required for a new permit shall be paid; and Ordinance No. 2017-2420 5 Amending NCMC Chapter 15.24 Adopted: January 17, 2017 2016 Electrical Code 175 of 416 D. A renewal permit shall expire three calendar years from the date of initial permit issuance. 3. Permits that have exceeded three years. For permits that have exceeded three years beyond the issuance date, a renewed permit may be obtained provided that: A. Construction in reliance upon the building permit has commenced and has been approved; B. No changes have been made or will be made in the original plans and specifications for such work; C. A fee equal to the full amount required for a new permit is paid except that where the Building Official determines that construction has progressed to the point that a lesser fee is warranted, such lesser fee shall be paid. The maximum life of a permit renewal in accordance with subsection 15.24.045.3 shall be one calendar year from the date of renewal. The permit may be renewed for each calendar year thereafter provided that all requirements of Subsections A, B and C as stated in subsection 15.24.045.3 are met. 4. Extension of an unexpired permit. For an extension of an unexpired permit, the permittee may apply for an extension of the time within which work under that permit may be continued when for good and satisfactory reasons as determined by the Building Official in his or her sole discretion, the permittee is unable to continue work within the time required by section 15.24.045. The Building Official may extend the time for action by the permittee for a period not exceeding six calendar months beyond the expiration date in effect at the time of the extension application, upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. 5. Permits issued where the permittee has been deployed to a foreign country, may be held in abeyance until six months after the return of the permittee from his/her deployment if necessary, upon application for such relief by the permittee. 15.24.050 Annex H, Section 80.19 "Permits and Approvals", Subsection 80.19(1) "Permit denial" — Added. Section 80.19(1) is added to Annex H of the 2016 California Electrical Code to read as follows: 80.19(1) Permit Denial. The Building Official may deny the issuance of a building permit on any property where there exists an unsafe or substandard building as provided in Chapter 15.10 and 15.16 of the National City Municipal Code, or where there exists unlawful construction or a violation of the National City Municipal Code. 15.24.055 Annex H, Section 80.23 "Notice of violations, penalties" — Amended. Section 80.23 of Annex H of the 2016 California Electrical Code is amended to read as follows: Ordinance No. 2017-2420 6 Amending NCMC Chapter 15.24 Adopted: January 17, 2017 2016 Electrical Code 176 of 416 80.23 Violations, Penalties. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code. Violations of any provisions of this code may be punishable as a misdemeanor and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code. 15.24.060 Annex H, Section 80.25 "Connection to electrical supply", Subsection 80.25(C)"Notification" — Deleted. Section 80.25(C) of Annex H of the 2016 California Electrical Code is deleted. 15.24.065 Annex H, Section 80.27 "Inspector's qualifications" — Deleted. Section 80.27 of Annex H of the 2016 California Electrical Code is deleted. 15.24.070 Annex H, Section 80.29 "Liability for damages" — Deleted. Section 80.29 of Annex H of the 2016 California Electrical Code is deleted. 15.24.075 Annex G, Supervisory Control and Data Acquisition (SCADA) — Deleted. Annex G of the 2016 California Electrical Code is deleted. 15.24.080 Article 89 "General Code Provisions", Subsection 89.108.8 "Appeals Board" — Amended. Section 107.1 to the 2016 California Electrical Code is amended to read as follows: Section 107.1. 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 qualified by experience and training to pass 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 Building Official. Decisions of the Board may be appealed to the City Council by the appellant or by the Building Official within thirty (30) days of the Decision of the Board by filing of a written notice of appeal with the Director of Emergency Services stating the reasons for the appeal. The person filing the appeals and the opposing party shall be given at least ten days' written notice of the time and place of the hearing on the appeal. [Signature Page to Follow] Ordinance No. 2017-2420 7 Amending NCMC Chapter 15.24 Adopted: January 17, 2017 2016 Electrical Code 177 of 416 PASSED and ADOPTED this 17th day of January, 2017. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ordinance No. 2017-2420 8 Amending NCMC Chapter 15.24 Adopted: January 17, 2017 2016 Electrical Code 178 of 416 CC/CDC-HA Agenda 1/17/2017 — Page 179 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) 179 of 416 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 180 of 416 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. 181 of 416 ORDINANCE NO. 2017 — 2421 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2016 CALIFORNIA ENERGY CODE, AND AMENDING SECTION 15.75.010 OF THE NATIONAL CITY MUNICIPAL CODE The City Council of the City of National City does ordain as follows: Section 1. The City Council of the City of National City hereby adopts the 2016 California Energy Code, California Code of Regulations, Title 24, Part 6, establishing regulations for the installation, maintenance, and alteration of energy systems within the city. Section 2. The City Council of the City of National City amends Section 15.75.010 of the National City Municipal Code to read as follows: 15.75.010 2016 California Energy Code — Adopted. The City Council adopts and incorporates herein, for the purpose of prescribing regulations for the conservation of energy, the, 2016 California Energy Code, California Code of Regulations, Title 24, Part 6. Except as otherwise provided by this chapter, all construction of buildings where energy will be utilized shall be in conformance with the 2016 California Energy Code PASSED and ADOPTED this 17th day of January, 2017. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ron Morrison, Mayor 182 of 416 CC/CDC-HA Agenda 1/17/2017 — Page 183 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) 183 of 416 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 184 of 416 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. 185 of 416 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) 186 of 416 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) 187 of 416 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) 188 of 416 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) 189 of 416 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) 190 of 416 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) 191 of 416 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) 192 of 416 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) 193 of 416 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) 194 of 416 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) 195 of 416 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) 196 of 416 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) 197 of 416 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) 198 of 416 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) 199 of 416 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) 200 of 416 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) 201 of 416 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) 202 of 416 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. Ron Morrison, Mayor Ordinance No. 2016— 19 Amending NCMC Chapter 15.70 Adopted: Appendix J of the 2016 Building Code Code (Grading) 203of416 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) 204 of 416 ORDINANCE NO. 2017 — 2422 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. 205 of 416 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. 2017-2422 Adopted: January 17, 2017 2 206 of 416 Amending NCMC Chapter 15.70 Appendix J of the 2016 Building Code Code (Grading) 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 lots. 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 Scope. 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. 2017-2422 3 Amending NCMC Chapter 15.70 Adopted: January 17, 2017 Appendix J of the 2016 Building Code Code (Grading) 207 of 416 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 Teaks, 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. CITY ENGINEER — 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. 2017-2422 4 Amending NCMC Chapter 15.70 Adopted: January 17, 2017 Appendix J of the 2016 Building Code Code (Grading) 208 of 416 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 permit 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 Tess 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 THE STATE — 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. 2017-2422 5 Amending NCMC Chapter 15.70 Adopted: January 17, 2017 Appendix J of the 2016 Building Code Code (Grading) 209 of 416 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. 2017-2422 6 Amending NCMC Chapter 15.70 Adopted: January 17, 2017 Appendix J of the 2016 Building Code Code (Grading) 210 of 416 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 fill less 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: J104.6 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. 2017-2422 7 Amending NCMC Chapter 15.70 Adopted: January 17, 2017 Appendix J of the 2016 Building Code Code (Grading) 211 of 416 6 All 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 control facilities, and does not interfere in any way with existing natural or improved drainage courses or channels. A retaining wall Tess 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. II. City business license, which may be obtained from the National City Finance Department. III. Appropriate state contractor license. 15.70.075 Appendix J of the 2016 California Building Code, Section J104 "Permit Application and Submittals", Subsection J104.8 "Conditions" — Added. Section J104.8 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. 2017-2422 8 Amending NCMC Chapter 15.70 Adopted: January 17, 2017 Appendix J of the 2016 Building Code Code (Grading) 212 of 416 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. 2017-2422 9 Amending NCMC Chapter 15.70 Adopted: January 17, 2017 Appendix J of the 2016 Building Code Code (Grading) 213 of 416 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. 2017-2422 10 Amending NCMC Chapter 15.70 Adopted: January 17, 2017 Appendix J of the 2016 Building Code Code (Grading) 214 of 416 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 less 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: Property Line ttt2Put 2ft (610 mm) minimum and need not exceed 20 ft (6096 mm) Amended Figure J108.1 Drainage Dimensions F1I5 but 2 ft (610 mm) minimum and need not exceed 10 ft (3048 mm) Top of Slope Natural or Flash Grade Cut or Fill Slope Property Line Top of Slope Natural or Finish Grade Interceptor Oran (if required) 15.70.120 Appendix J of the 2016 California 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. 2017-2422 11 Adopted: January 17, 2017 215 of 416 Amending NCMC Chapter 15.70 Appendix J of the 2016 Building Code Code (Grading) J108.3 Slope Protection. The toe of fill slope shall 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: J109.5 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 California 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. Ordinance No. 2017-2422 12 Amending NCMC Chapter 15.70 Adopted: January 17, 2017 Appendix J of the 2016 Building Code Code (Grading) 216 of 416 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: J110.3 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 Ordinance No. 2017-2422 13 Amending NCMC Chapter 15.70 Adopted: January 17, 2017 Appendix J of the 2016 Building Code Code (Grading) 217 of 416 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 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. All 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. If 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. g. Sufficient storage facilities shall be provided for all 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. i. 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. Ordinance No. 2017-2422 14 Amending NCMC Chapter 15.70 Adopted: January 17, 2017 Appendix J of the 2016 Building Code Code (Grading) 218 of 416 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. 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. All 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 shall 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 Ordinance No. 2017-2422 15 Amending NCMC Chapter 15.70 Adopted: January 17, 2017 Appendix J of the 2016 Building Code Code (Grading) 219 of 416 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. 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 MUSLE 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. Ordinance No. 2017-2422 16 Amending NCMC Chapter 15.70 Adopted: January 17, 2017 Appendix J of the 2016 Building Code Code (Grading) 220 of 416 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, shall be planted and maintained with a ground cover or other 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. In order to minimize the period during which a cut or filled surface remains exposed, such planting shall 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 slopes 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 (15) 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. Ordinance No. 2017-2422 17 Amending NCMC Chapter 15.70 Adopted: January 17, 2017 Appendix J of the 2016 Building Code Code (Grading) 221 of 416 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 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 Ordinance No. 2017-2422 18 Amending NCMC Chapter 15.70 Adopted: January 17, 2017 Appendix J of the 2016 Building Code Code (Grading) 222 of 416 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 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 City Engineer 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.City Engineer 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. Ordinance No. 2017-2422 19 Amending NCMC Chapter 15.70 Adopted: January 17, 2017 Appendix J of the 2016 Building Code Code (Grading) 223 of 416 PASSED and ADOPTED this 17th day of January, 2017. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ordinance No. 2017-2422 20 Amending NCMC Chapter 15.70 Adopted: January 17, 2017 Appendix J of the 2016 Building Code Code (Grading) 224 of 416 CC/CDC-HA Agenda 1/17/2017 — Page 225 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) 225 of 416 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: 336-4214 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 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 226 of 416 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. 227 of 416 ORDINANCE NO. 2017 — 2423 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2016 CALIFORNIA GREEN STANDARDS CODE, AND AMENDING SECTION 15.78.010 OF THE NATIONAL CITY MUNICIPAL CODE The City Council of the City of National City does ordain as follows: Section 1. The City Council of the City of National City hereby adopts the 2016 California Green Building Standards Code, California Code of Regulations Title 24, Part 11, establishing regulations to enhance building design and construction within the city. Section 2. The City Council of the City of National City amends Section 15.78.010 of the National City Municipal Code to read as follows: 15.78.010 2016 California Green Building Standards Code — Adopted. The City Council adopts and incorporates herein for the purpose of prescribing regulations for the reduction of negative impacts or increasing positive environmental impacts and encouraging sustainable construction practices, the 2016 California Green Building Standards Code, California Code of Regulations Title 24, Part 11. All construction of buildings shall be in conformance with the 2016 California Green Building Standards Code, except as otherwise provided by this chapter. PASSED and ADOPTED this 17th day of January, 2017. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ron Morrison, Mayor 228 of 416 CC/CDC-HA Agenda 1/17/2017 — Page 229 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) 229 of 416 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 230 of 416 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. 231 of 416 ORDINANCE NO. 2017 — 2424 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2016 CALIFORNIA MECHANICAL CODE, INCLUDING APPENDIX CHAPTERS A, B, C, AND D, AMENDING CERTAIN SECTIONS OF THAT CODE, AND AMENDING CHAPTER 15.14 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 adopts the 2016 California Mechanical Code, including Appendix Chapters A, B, C, and D, except as amended in Chapter 15.14 of the National City Municipal Code. Section 2. The City Council of the City of National City deletes, adds, or modifies certain provisions of the 2016 California Mechanical Code. Section 3. The City Council of the City of National City amends Chapter 15.14 of the National City Municipal Code to read as follows: CHAPTER 15.14 CALIFORNIA MECHANICAL CODE Sections: 15.14.005 2016 California Mechanical Code — Adopted. 15.14.015 Chapter 1, Division II, Administration — Adopted and amended. 15.14.020 Chapter 1, Division II, Section 103 Powers and Duties of the Authority Having Jurisdiction, Subsection 103.4 Right of entry — Amended. 15.14.025 Chapter 1, Division II, Section 107 Board of Appeals, Subsection 107.1 General — Amended. 15.14.030 Chapter 1, Division II, Section 106 Violations and Penalties, Subsection 106.1 General — Amended. 15.14.035 Chapter 1, Division II, Section 104 Permits, Subsection 104.4.3 Expiration — Amended. 15.14.040 Chapter 1, Division II, Section 104 Permits, Subsection 104.4.7 Permit denial — Added. 15.14.045 Chapter 1, Division II, Section 104.5 Fees — Amended. 15.14.050 Chapter 1, Division II, Table 104.5 Mechanical permit fees — Deleted. 15.14.060 Chapter 1, Division II, Section 104 Permits, Subsection 104.3.2 Plan review fees — Amended. 232 of 416 15.14.065 Chapter 1, Division II, Section 104.5 Fees, Subsection 104.5.2 Investigation Fees — Amended 15.14.070 Chapter 1, Division II, Section 105 Inspections and Testing, Subsection 105.2.6 Reinspections — Amended. 15.14.075 Appendix Chapters A, B, C and D — Adopted. 15.14.005 2016 California Mechanical Code — Adopted. The City Council adopts and incorporates herein as the National City Mechanical Code, for the purpose of prescribing in the City of National City, regulations governing the erection, installation, alteration, repair, relocation, replacement, addition to, use or maintenance of any heating, ventilating, cooling, refrigeration system, incineration or other miscellaneous heat producing appliance, in or on any building or structure or outdoors on any premises or property, the 2016 California Mechanical Code, including Appendix Chapters A, B, C, and D, California Code of Regulations Title 24, Part 4, except such portions as are deleted, added, or amended by this chapter. Copies of all codes are filed in the office of the building official and are adopted and incorporated as if fully set out in this chapter, and the provisions thereof shall be controlling within the city limits. 15.14.015 Chapter 1, Division II, Administration — Adopted and amended. Chapter 1, Division II, Administration is adopted subject to the additions, amendments and deletions provided in this Chapter. 15.14.020 Chapter 1, Division II, Section 103 Powers and Duties of the Authority Having Jurisdiction, Subsection 103.4 Right of entry — Amended. Section 103.4 of the 2016 California Mechanical Code is amended to read as follows: 103.4 Right of entry. When necessary to make inspections to enforce any provision of this code, or when the Building Official has reasonable cause to believe that there exists in any building or upon any premises a condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the Building Official, or designee, may request entry as specified in Chapter 1.12 of the National City Municipal Code. 15.14.025 Chapter 1, Division II, Section 107 Board of Appeals, Subsection 107.1 General — Amended. Section 107.1 of the 2016 California Mechanical Code is amended to read as follows: In order to hear and decide appeals of orders, decisions, or determinations made by the Building Official relative to the application and interpretation of this code, the City Council shall appoint an ad hoc Board of Appeals consisting of three (3) members who are qualified by experience and training to pass upon matters pertaining to mechanical system design, construction, and maintenance and the public health aspects of mechanical systems 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. The Building Official shall take immediate action in accordance with the decision of the Board, unless such decision is appealed to the City Council. Decisions of the Board may be appealed Ordinance No. 2017-2424 2 Amending NCMC Chapter 15.14 Adopted: January 17, 2017 2016 Mechanical Code 233 of 416 to the City Council by the appellant or by 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 appellant and the opposing party shall be given at least ten (10) days' notice of the time and place of the hearing on the appeal. 15.14.030 Chapter 1, Division II, Section 106 Violations and Penalties, Subsection 106.1 General — Amended. Section 106.1 of the 2016 California Mechanical Code is amended to read as follows: 106.1 Violations. Violations of any provision of this code shall be punishable as a misdemeanor and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code. 15.14.035 Chapter 1, Division II, Section 104 Permits, Subsection 104..3 Expiration — Amended. Section 104.3 of the 2016 California Mechanical Code is amended to read as follows: 104.4.3 Expiration. Every permit issued by the Building Official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within six calendar months from the date of such permit, or if the building or work authorized by such permit is stopped at any time after work has commenced for a period of six calendar months, or if the building or work authorized by such permit exceeds three calendar years from the issuance date of the permit. Work shall be presumed to have commenced if the permittee has obtained a required inspection approval of work authorized by the permit by the Building Official within six calendar months of the date of permit issuance. Work shall be presumed to be stopped if the permittee has not obtained a required inspection approval of work by the Building Official within each six month period upon commencement of work authorized by such permit. Before such work can be recommenced, a new permit or renewal permit is obtained, as specified below, shall first be obtained. 1. Permits where work was not commenced. For permits for which work has not commenced in the first six calendar months from the date of issuance, a renewal permit may be obtained provided that: A. No changes have been made or will be made in the original plans and specifications for such work; B. The expiration has not exceeded three years from the original issuance date; C. The same edition of the adopted codes is in effect as used in the initial plan check; D. A fee equal to one-half the amount required for a new permit is paid, and E. The renewal permit shall expire three calendar years from the date of the initial permit issuance. Ordinance No. 2017-2424 3 Amending NCMC Chapter 15.14 Adopted: January 17, 2017 2016 Mechanical Code 234 of 416 Where later editions of the California codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect, a full new plan check is required, and a full new plan check fee shall be paid. Upon completion of the new plan check, the permit may be renewed upon payment of a permit fee equal to one-half the amount required for a new permit. 2. Permit where work was commenced. For permits where work was commenced and was subsequently stopped as defined herein, a renewal permit may be obtained provided that: A. No changes have been made or will be made in the original plans and specifications for such work; B. The expiration has not exceeded three years from the original issuance date; C. A fee equal to one-half the amount required for a new permit is paid, except that where construction has progressed to the point of requiring only a final inspection, a fee equal to one -quarter of the amount required for new permit shall be paid; and D. A renewal permit shall expire three calendar years from the date of the initial permit issuance. 3. Permits that have exceeded three years. For permits that have exceeded three years beyond the issuance date, a renewed permit may be obtained, provided that: A. Construction in reliance upon the building permit has been commenced and has been approved; B. No changes have been made or will be made in the original plans and specifications for such work; and C. A fee equal to the full amount required for a new permit is paid, except that where the Building Official determines that construction has progressed to the point that a lesser fee is warranted, such lesser fee shall be paid. The maximum life of a permit renewal in accordance with sub -section 15.14.035.3 shall be one calendar year from the date of renewal. The permit may be renewed each calendar year thereafter provided that all requirements of Subsection A, B and C as stated in sub -section 15.14.035.3 are met. 4. Extension of an unexpired permit. For an extension of an unexpired permit, the permittee may apply for an extension of time within which work under that permit may be continued when for good and satisfactory reasons, as determined by the Building Official in his or her sole discretion, the permittee is unable to continue work within the time required by section 15.14.035. The Building Official may extend the time for action by the permittee for a period not exceeding six calendar months beyond the expiration date in effect at the time of the extension application, upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action being taken. Ordinance No. 2017-2424 4 Amending NCMC Chapter 15.14 Adopted: January 17, 2017 2016 Mechanical Code 235 of 416 5. Permits issued where the permittee has been deployed to a foreign country may be held in abeyance until six months after the return of the permittee from his/her deployment if necessary, upon application for such relief by the permittee. 15.14.040 Chapter 1, Division II, Section 104 Permits, Subsection 104.4.7 Permit denial — Added. Section 104.4.7 of the 2016 California Mechanical Code is added to read as follows: 104.4.7 Permit denial. The Building Official may deny the issuance of a building permit on any property where there exists an unsafe or a substandard building as provided in Chapter 15.10 and 15.16 of the National City Municipal Code, or where there exists unlawful construction, or where there exists a violation of the National City Municipal Code. 15.14.045 Chapter 1, Division II, Section 104.5 Fees — Amended. Section 104.5 of the 2016 California Mechanical Code is amended as follows: 104.5 General. Fees shall be assessed in accordance with the current City of National City Fee Schedule. 15.14.050 Chapter 1, Division Ili Table 104.5 Mechanical permit fees — Deleted. Table 104.5 of the 2016 California Mechanical Code, entitled Mechanical Permit Fees, is deleted. 15.14.060 Chapter 1, Division II, Section 104.0 Permits, Subsection 104.3.2 Plan review fees — Amended. Section 104.3.2, of the 2016 California Mechanical Code is amended as follows: Section 104.3.2 Plan review fees. When plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged in accordance with the current City of National City Fee Schedule. 15.14.065 Chapter 1, Division II, Section 104.5 Fees, Subsection 104.5.2 Investigation Fees — Amended. Section 104.5.2 of the 2016 California Mechanical Code is amended to read as follows: Section 104.5.2 Investigation Fees. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an administrative penalty equal to the inspection fee portion the permit fee that would be required by this code if a permit were to be issued. The administrative penalty is in addition to a permit fee. When a plan review is required for issuance of such permit, the plan review fee portion will not be subject to said penalty. 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. Ordinance No. 2017-2424 5 Amending NCMC Chapter 15.14 Adopted: January 17, 2017 2016 Mechanical Code 236 of 416 15.14.070 Chapter 1, Division II, Section 105 Inspections and Testing, Subsection 105.2.6 Reinspections — Amended. Subsection 105.2.6 of the 2016 California Mechanical Code is amended to read as follows: 105.2.6 Re -inspections. To obtain a re -inspection, the permittee shall pay the re -inspection fee in accordance with the current City of National City Fee Schedule. In instances where a re -inspection fee has been assessed, no further inspections shall be performed until the fees have been paid. 15.14.075 Appendix Chapters A, B, C and D — Adopted. Appendix Chapters A, B, C, and D of the 2016 California Mechanical Code are adopted. PASSED and ADOPTED this 17th day of January, 2017. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ordinance No. 2017-2424 6 Amending NCMC Chapter 15.14 Adopted: January 17, 2017 2016 Mechanical Code 237 of 416 CC/CDC-HA Agenda 1/17/2017 — Page 238 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) 238 of 416 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 239 of 416 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. 240 of 416 ORDINANCE NO. 2017 — 2425 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2016 CALIFORNIA PLUMBING CODE AND TABLE 2902.1 OF THE 2016 CALIFORNIA BUILDING CODE, AMENDING CERTAIN SECTIONS OF THOSE CODES, AND AMENDING CHAPTER 15.20 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 adopts the 2016 California Plumbing Code and Table 2902.1 of the 2016 California Building Code, except as amended in Chapter 15.20 of the National City Municipal Code. Section 2. The City Council of the City of National City deletes, adds, or modifies certain provisions of the 2016 California Plumbing Code and Table 2902.1 of the 2016 California Building Code. Section 3. The City Council of the City of National City amends Chapter 15.20 of the National City Municipal Code to read as follows: CHAPTER 15.20 CALIFORNIA PLUMBING CODE Sections: 15.20.005 2016 California Plumbing Code — Adopted. 15.20.015 Chapter 1, Divisions I and II — Adopted and amended. 15.20.020 Chapter 1, Division II, Section 103 "Duties and Powers of the Authority Having Jurisdiction", Subsection 103.4 "Right of Entry" — Amended. 15.20.024 Chapter 1, Division II, Section 107 " Board of Appeals", Subsection 107.1 "General" — Amended. 15.20.025 Chapter 1, Division II, Section 102 "Organization and Enforcement", Subsection 102.5 "Penalties" — Amended. 15.20.027 Chapter 1, Division II, Section 103 "Permits and Inspections", Subsection 103.4.3 "Investigation fee — Work without a permit" — Amended. 15.20.030 Chapter 1, Division II, Section 103 "Permits and Inspections", Subsection 103.3.3 "Expiration" — Amended. 15.20.035 Chapter 1, Division II, Section 103 "Permits and Inspections", Subsection 103.3.5 "Permit denial" — Added. 15.20.040 Chapter 1, Division II, Section 103 "Permits and Inspections", Subsection 103.4 "Fees" — Amended. 15.20.042 Placement of permit — Added. 241 of 416 15.20.045 Chapter 1, Division II, Section 103 "Permits and Inspections", Subsection 103.4.1 "Plan review fees" — Amended. 15.20.050 Chapter 1, Division II, Section 103 "Permits and Inspections", Subsection 103.5.9 "Reinspections" — Amended. 15.20.060 Chapter 1, Division II, Table 103.4 "Plumbing permits fees" — Deleted. 15.20.065 Chapter 1, Division II, Table 422.1 "Minimum plumbing facilities" — Deleted. 15.20.070 Table 2902.1 "Minimum number of required plumbing fixtures of the 2016 California Building Code" — Adopted. 15.20.005 2016 California Plumbing Code — Adopted. The City Council adopts, and incorporates herein as the city plumbing code, except as amended, deleted, or added by this chapter, for the purpose of prescribing in the City of National City, regulations governing the erection, installation, alteration, repair, relocation, replacement, addition to, use or maintenance of any plumbing, gas, or drainage piping and systems or water heating or treating equipment in or on any building or structure or outdoors on any premises or property, the 2016 California Plumbing Code, including Administration Divisions I and II, California Code of Regulations Title 24, Part 5, and Table 2902.1 of the 2016 California Building Code. Copy of all codes are filed in the office of the building official and are adopted and incorporated as if fully set forth in this chapter, and the provisions shall be controlling within the city limits. 15.20.015 Chapter 1, Divisions I and II — Adopted and Amended. Chapter 1, Division I, "Administration" is adopted. Chapter 1, Division II, "Administration" is adopted, subject to the additions, amendments, and deletions contained in this chapter. 15.20.020 Chapter 1, Division II, Section 103 "Duties and Powers of the Authority Having Jurisdiction" Subsection 103.4 "Right of Entry" — Amended. Section 102.2.1 of the 2016 California Plumbing Code is amended to read as follows: 103.4 Right of Entry. When necessary to make an inspection to enforce any of the provisions of this code, or when the Building Official has reasonable cause to believe that there exists in any building or upon any premises a condition or code violation which make such building or premises unsafe, dangerous or hazardous, the Building Official, or designee, may request entry as specified in Chapter 1.12 of the National City Municipal Code. 15.20.024 Chapter 1, Division II, Section 107 "Board of Appeals, Subsection 107.1 "General" — Amended. Section 107.1 of the 2016 California Plumbing Code is amended to read as follows: Section 107.1 General. 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) of members who are qualified by experience and Ordinance No. 2017-2425 2 Amending NCMC Chapter 15.20 Adopted: January 17, 2017 2016 Plumbing Code 242 of 416 training to pass upon matters pertaining to plumbing design, construction, and maintenance, and the public health aspects of plumbing systems 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. Decisions of the Board may be appealable to the City Council by the appellant or by 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 hearing on the appeal. 15.20.025 Chapter 1, Division II, Section 106 "Violations and Penalties" Subsection 106.3 "Penalties" — Amended. Section 106.3 of the 2016 California Plumbing Code is amended to read as follows: 106.3 Penalties. Violation of any provision of this code shall be punishable as a misdemeanor and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code. 15.20.027 Chapter 1, Division II, Section 104.5 "Fees", Subsection 104.5.2 "Investigation Fees" — Amended. Section 104.5.3 of the 2016 California Plumbing Code is amended to read as follows: 104.5.3 Work without a permit. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an administrative penalty equal to the inspection fee portion the permit fee that would be required by this code if a permit were to be issued. The administrative penalty is in addition to a permit fee. When a plan review is required for issuance of such permit, the plan review fee portion will not be subject to said penalty. 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. 15.20.030 Chapter 1, Division II, Section 104 "Permits", Subsection 104.4.3 "Expiration" — Amended. Section 104.4.3 of the 2016 California Plumbing Code is amended to read as follows: 104.4.3 Expiration. Every permit issued by the Building Official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within six calendar months from the date of such permit, or if the building or work authorized by such permit is stopped at any time after the work is commenced for a period of six calendar months, or if the building or work authorized by such permit exceeds three calendar years from the issuance date of the permit. Work shall be presumed to have commenced if the permittee has obtained a required inspection approval of Ordinance No. 2017-2425 3 Amending NCMC Chapter 15.20 Adopted: January 17, 2017 2016 Plumbing Code 243 of 416 work authorized by the permit by the Building Official within six calendar months of the date of permit issuance. Work shall be presumed to be stopped if the permittee has not obtained a required inspection approval of work by the Building Official within each six-month period upon the initial commencement of work authorized by such permit. Before such work can be recommenced, a new permit, or a renewal permit as specified below, shall be first obtained. 1. Permits where work has not commenced. For permits for which work has not commenced in the first six calendar months from the date of issuance, a renewal permit may be obtained provided that: A. No changes have been made or will be made in the original plans and specifications for such work; B. The expiration has not exceeded three years from the original issuance date; C. The same edition of the California codes is in effect as used in the initial plan check; D. A fee equal to one-half the amount required for a new permit is paid; and E. The renewal permit shall expire three calendar years from the date of initial permit issuance. Where later editions of the California codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect, a full new plan check is required, and a full new plan check fee shall be paid. Upon completion of a new plan check, the permit may be renewed upon payment of a permit fee equal to one-half the amount required for a new permit. 2. Permits where work has commenced. For permits where work has commenced and was subsequently stopped as defined herein, a renewal permit may be obtained provided that: A. No changes have been made or will be made in the original plans and specifications for such work; B. The expiration has not exceeded three years from the original issuance date; C. A fee equal to one-half the amount required for a new permit is paid, except that where construction has progressed and has been approved to the point of requiring only a final inspection, a fee equal to one quarter the amount required for a new permit shall be paid; and D. A renewal permit shall expire three calendar years from the date of initial permit issuance. 3. Permits that have exceeded three years. For permits that have exceeded three years beyond the issuance date, a renewed permit may be obtained provided that: A. Construction in reliance upon the building permit has commenced and has been approved; Ordinance No. 2017-2425 4 Amending NCMC Chapter 15.20 Adopted: January 17, 2017 2016 Plumbing Code 244 of 416 B. No changes have been made or will be made in the original plans and specifications for such work; C. A fee equal to the full amount required for a new permit is paid except that where the Building Official determines that construction has progressed to the point that a lesser fee is warranted, such lesser fee shall be paid. The maximum life of a permit renewal in accordance with subsection 15.20.030.3 shall be one calendar year from the date of renewal. The permit may be renewed for each calendar year thereafter provided that all requirements of Subsections A, B, and C as stated in subsection 15.20.030.3 are met. 4. Extension of an unexpired permit. For an extension of an unexpired permit, the permittee may apply for an extension of the time within which work under that permit may be continued when for good and satisfactory reasons, as determined by the Building Official in his or her sole discretion, the permittee is unable to continue work within the time required by section 15.20.030. The Building Official may extend the time for action by the permittee for a period not exceeding six calendar months beyond the expiration date in effect at the time of the extension application, upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. 5. Permits issued where the permittee has been deployed to a foreign country, may be held in abeyance until six months after the return of the permittee from his/her deployment if necessary, upon application for such relief by the permittee. 15.20.035 Chapter 1, Division II, Section 104 "Permits", Subsection 104.3.4 "Permit denial" — Added. Section 104.3.4 is added to the 2016 California Plumbing Code is to read as follows: 104.3.4 Permit denial. The Building Official may deny the issuance of a plumbing permit on any property where there exists an unsafe or a substandard building as provided in the Chapters 15.10 and 15.16 of the National City Municipal Code, or where there exists unlawful construction, or where there exists a violation of the National City Municipal Code. 15.20.040 Chapter 1, Division II, Section 104 "Permits", Subsection 104.5 "Fees" — Amended. Section 104.5 of the 2016 California Plumbing Code is amended to read as follows: Section 104.5 Fees. Fees shall be assessed in accordance with the current City of National City Fee Schedule. 15.20.042 Placement of permit — Added. The building permit or a copy, the inspection record, and the approved plans shall all be kept on site until the completion of the project. The inspection record is to be kept on the job unless removed by the building official. Ordinance No. 2017-2425 5 Amending NCMC Chapter 15.20 Adopted: January 17, 2017 2016 Plumbing Code 245 of 416 15.20.045 Chapter 1, Division II, Section 104 "Permits", Subsection 104.3.2 "Plan review fees" — Amended. Section 104.3.2 of the 2016 California Plumbing Code is amended to read as follows: 104.3.2 Plan Review Fees. When a plan or other data are required to be submitted by 104.3.1, a plan review fee shall be paid at the time of submitting plans and specifications for review. The plan review fees for plumbing work shall be assessed in accordance with the current City of National City Fee Schedule. When plans are incomplete or changed so as to require an additional plan review fee, the fee shall be assessed in accordance with the current City of National City Fee Schedule. 15.20.050 Chapter 1, Division II, Section 105 "Inspections and Testing", Subsection 105.2.6 "Reinspections" — Amended. Section 105.2.6 of the 2016 California Plumbing Code is amended to read as follows: Section 105.2.6 Re -inspections. A re -inspection fee may be assessed for each inspection or re -inspection when any of the following occurs: 1. The portion of work for which the inspection was called is not complete or the corrections previously required and called for are not made; 2. Calling for an inspection before the job is ready for such inspection or re -inspection; 3. The inspection record card or the approved plans are not posted or otherwise available to the inspector; 4. Failure to provide access on the date for which the inspection is requested; or, 5. Deviating from the approved plans when such deviation or change required approval of the building official. To obtain a re -inspection, the permittee shall file an application in writing on a form provided for that purpose and pay the re -inspection fee in accordance with the current City of National City Fee Schedule. In instances where a re - inspection fee has been assessed, no further inspections shall be performed until the fees have been paid. 15.20.060 Chapter 1, Division II, Table 104.5 "Plumbing permits fees" — Deleted. Table 104.5 of Chapter 1, Division II of the 2016 California Plumbing Code, entitled "Plumbing Permit Fees", is deleted. 15.20.065 Table 422.1 "Minimum plumbing facilities" — Deleted. Table 422.1 of Chapter 4, of the 2013 California Plumbing Code, entitled "Minimum Plumbing Facilities", is deleted. 15.20.070 Table 2902.1 "Minimum number of required plumbing fixtures of the 2016 California Building Code" — Adopted. Table 2902.1 of the 2016 California Building Code is adopted. Plumbing fixtures shall be provided for the type of occupancy and in the minimum number shown in Table 2902.1. Types of occupancies not shown in Table 2902.1 shall be Ordinance No. 2017-2425 6 Amending NCMC Chapter 15.20 Adopted: January 17, 2017 2016 Plumbing Code 246 of 416 considered individually by the Building Official. The number of occupants shall be determined by this code. Occupancy classification shall be determined in accordance with Chapter 3 of the 2016 California Building Code. PASSED and ADOPTED this 17th day of January, 2017. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ordinance No. 2017-2425 7 Amending NCMC Chapter 15.20 Adopted: January 17, 2017 2016 Plumbing Code 247 of 416 CC/CDC-HA Agenda 1/17/2017 — Page 248 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) 248 of 416 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 249 of 416 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, 250 of 416 ORDINANCE NO. 2017 — 2426 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2016 CALIFORNIA RESIDENTIAL CODE, AMENDING CERTAIN SECTIONS OF THAT CODE, AND AMENDING CHAPTER 15.79 OF THE NATIONAL CITY MUNICIPAL CODE The City Council of the City of National City does ordain as follows: Section 1. The City Council of the City of National City hereby adopts the 2016 California Residential Code, California Code of Regulations, Title 24, Part 2.5, except as amended in Chapter 15.79 of the National City Municipal Code. Section 2. The City Council of the City of National City hereby amends, adds, and deletes certain sections of the 2016 California Residential Code consistent with their findings in 2013, under Ordinance No. 2013-2393. Section 3. The City Council of the City of National City amends Chapter 15.79 of the National City Municipal Code to read as follows: Sections: 15.79.010 15.79.025 CHAPTER 15.79 CALIFORNIA RESIDENTIAL CODE 2016 California Residential Code adopted. Chapter 1, DIVISION II, Section R104 "Duties and Powers of the Building Official", Subsection R104.6 "Right of entry" — Amended. 15.79.030 Chapter 1, DIVISION II, Section R105 "Permits", Subsection R105.2 "Work exempt from permit — Building" — Amended. 15.79.040 Chapter 1, DIVISION II, Section R105 "Permits", Subsection R105.5 "Expiration" — Amended. 15.79.045 Chapter 1, DIVISION II, Section R105 "Permits", Subsection R105.7 "Placement of permit" — Amended. 15.79.050 Chapter 1, DIVISION II, Section R105 "Permits", Subsection R105.8.1 "Permit denial" — Added. 15.79.055 Chapter 1, DIVISION II, Section R108 "Fees", Subsection R108.2 "Schedule of permit fees" — Amended. 15.79.060 Chapter 1, DIVISION II, Section R108 "Fees", Subsection R108.6 "Work commencing before permit issuance" — Amended. 15.79.065 Chapter 1, DIVISION II, Section R109 "Inspections", Subsection 109.3.1 "Reinspections" — Added. 15.79.070 Chapter 1, DIVISION II, Section R110 "Certificate of Occupancy", Subsection R110.4 "Temporary occupancy" — Amended. 251 of 416 15.79.075 Chapter 1, DIVISION II, Section R112 "Board of Appeals", Subsection R112.1 "General" — Amended. 15.79.080 Chapter 1, DIVISION II, Section R113 "Violations", Subsection R113.1 "Unlawful acts" — Amended. 15.79.082 Section 202 Definitions "Building Existing" — Amended. 15.79.085 Chapter 1, DIVISION II, Section R319 "Site Addresses", Subsection R319.1 "Address numbers" — Amended. 15.72.090 Chapter 1, DIVISION II, Section R902 "Roof Classification", Subsection R902.1.3 "Roofing Coverings in all other areas" — Amended. 15.79.095 Plan review fees. 15.79.010 California Residential Code adopted. The City Council adopts, for the purpose of prescribing regulations governing the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, use, height, area, fire resistance and maintenance of one- and two-family dwellings and townhouses not more than three stories above grade, the 2016 California Residential Code, published by the California Building Standards Commission based on the International Residential Code 2015 Edition, including specified Appendices, including Administration Divisions I and II, California Code of Regulations Title 24, and Part 2.5 of the California Health and Safety Code beginning with Section 18901, and save and except such portions as are deleted, added, or modified based on the climatic, topographic, or geologic conditions. Copies of the codes are filed in the office of the building official, and are adopted and incorporated as fully set out in this chapter, and the provisions thereof shall be controlling within the city limits. 15.79.025 Chapter 1, DIVISION II, Section R-104 "Duties and powers of the "Building Official", Subsection R104.6 "Right of entry" — Amended. Section R104.6 of the2016 California Residential Code is amended to read as follows: R104.6 Right of Entry. When necessary to make an inspection to enforce any of the provision of this code, or when the Authority Having Jurisdiction has reasonable cause to believe that there exists in any building or upon any premises a condition or code violation which make such building or premises unsafe, dangerous or hazardous, the Authority Having Jurisdiction, or designee, may request entry as specified in Chapter 1.12 of the National City Municipal Code. 15.79.030 Chapter 1, DIVISION II, Section R105 "Permits", Subsection R105.2 "Work exempt from permit - Building" — Amended. Chapter 1, DIVISION II, Section R105.2 of the 2016 California Residential Code is amended by adding the following Subsections 11 through 14: 11. Playground, gymnastic and similar equipment and structures used for recreation and athletic activities accessory to Group R Division 3 structures. Ordinance No. 2017-2426 2 Amending NCMC Chapter 15.79 Adopted: January 17, 2017 2016 Residential Code 252 of 416 12. Repairs to lawfully existing Group R Division 3 structures and Group U occupancy structures accessory to Group R Division 3 structures constructed pursuant to a building permit which involves only the replacement of component parts or existing work completed with similar materials only for the purpose of maintenance and do not affect any structural components or plumbing, mechanical or electrical installations. Repairs exempt from permit requirements shall not include any addition, change, or modification in construction, exit facilities or permanent fixtures or equipment. Specifically exempt from permit requirements are: A. Painting and decorating including refinishing of exterior stucco finishes. B. Installation of floor covering. C. Cabinet work. D. Outside paving on private property not within the public right-of-way. E Replacement of existing windows with no structural modification of the existing window opening. 13. Ground mounted satellite antennas not exceeding ten feet in diameter and roof mounted satellite antennas not exceeding eight feet in diameter. 14. Painted wall signs and styrofoam or other foam mounted wall signs. 15.79.040 Chapter 1, DIVISION II, Section R105 "Permits", Subsection R105.5 "Expiration" — Amended. Section R105.5 of the 2016 California Residential Code is amended to read as follows: Section R105.5 Expiration. Every permit issued by the Authority Having Jurisdiction under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within six calendar months from the date of such permit, or if the building or work authorized by such permit is stopped at any time after the work is commenced for a period of six calendar months, or if the building or work authorized by such permit exceeds three calendar years from the issuance date of the permit. Work shall be presumed to have commenced if the permittee has obtained a required inspection approval of work authorized by the permit by the Authority Having Jurisdiction within six calendar months of the date of permit issuance. Work shall be presumed to be stopped if the permittee has not obtained a required inspection approval of work by the Authority Having Jurisdiction within each six-month period upon the initial commencement of work authorized by such permit. Before such work can be recommenced, a new permit, or a renewal permit as specified below, shall be first obtained. 1. Permits where work has not commenced. For permits for which work has not commenced in the first six calendar months from the date of issuance, a renewal permit may be obtained provided that: A. No changes have been made or will be made in the original plans and specifications for such work; Ordinance No. 2017-2426 3 Amending NCMC Chapter 15.79 Adopted: January 17, 2017 2016 Residential Code 253 of 416 B. The expiration has not exceeded three years from the original issuance date; C. The same edition of the California codes is in effect as used in the initial plan check; D. A fee equal to one-half the amount required for a new permit is paid; and E. The renewal permit shall expire three calendar years from the date of initial permit issuance. Where later editions of the California codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect, a full new plan check is required, and a full new plan check fee shall be paid. Upon completion of a new plan check, the permit may be renewed upon payment of a permit fee equal to one-half the amount required for a new permit. 2. Permits where work has commenced. For permits where work has commenced and was subsequently stopped as defined herein, a renewal permit may be obtained provided that: A. No changes have been made or will be made in the original plans and specifications for such work; B. The expiration has not exceeded three years from the original issuance date; C. A fee equal to one-half the amount required for a new permit is paid, except that where construction has progressed and has been approved to the point of requiring only a final inspection, a fee equal to one quarter the amount required for a new permit shall be paid; D. A renewal permit shall expire three calendar years from the date of initial permit issuance. 3. Permits that have exceeded three years. For permits that have exceeded three years beyond the issuance date, a renewed permit may be obtained provided that: A. Construction in reliance upon the building permit has commenced and has been approved; B. No changes have been made or will be made in the original plans and specifications for such work; C. A fee equal to the full amount required for a new permit is paid except that where the Authority Having Jurisdiction determines that construction has progressed to the point that a lesser fee is warranted, such lesser fee shall be paid. The maximum life of a permit renewal in accordance with subsection 15.70.040.3 shall be one calendar year from the date of renewal. The permit may be renewed for each calendar year thereafter provided that all requirements of A, B, and C as stated in subsection 15.70.040.3 are met. 4. Extension of an unexpired permit. For an extension of an unexpired permit, the permittee may apply for an extension of the time within which work under that permit may be continued when for good and satisfactory reasons, as Ordinance No. 2017-2426 4 Amending NCMC Chapter 15.79 Adopted: January 17, 2017 2016 Residential Code 254 of 416 determined by the Authority Having Jurisdiction, in his or her sole discretion, the permittee is unable to continue work within the time required by section 15.79.040. The Authority Having Jurisdiction may extend the time for action by the permittee for a period not exceeding six calendar months beyond the expiration date in effect at the time of the extension application, upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. 5. Permits issued where the permittee has been deployed to a foreign country, may be held in abeyance until six months after the return of the permittee from his/her deployment if necessary, upon application for such relief by the permittee. 15.79.045 Chapter 1, DIVISION II, Section R105 "Permits", Subsection R105.7 "Placement of permit" — Amended. Section R105.7 of the 2016 California Residential Code is amended to read as follows: Section R105.7 Placement of permit. The building permit or a copy, the inspection record, and the approved plans shall all be kept on site until the completion of the project. The inspection record is to be kept on the job unless removed by the building official. 15.79.050 Chapter 1, DIVISION II, Section R105 "Permits", Subsection R105.8.1 "Permit denial" — Added. Section R105.8.1 is added to the 2016 California Residential Code to read as follows: Section R105.8.1 Permit denial. The Authority Having Jurisdiction may deny the issuance of a building permit on any property where there exists an unsafe or a substandard building as provided in the Chapters 15.10 and 15.16 of the National City Municipal Code, or where there exists unlawful construction, or where there exists a violation of the National City Municipal Code. 15.79.055 Chapter 1, DIVISION II, Section R108 "Fees", Subsection R108.2 — "Schedule of permit fees" — Amended. Section R108.2 of the 2016 California Residential Code is amended to read as follows: Section R108.2 Schedule of permit fees. Permit fees, including plan review fees, shall be assessed in accordance with the current City of National City Fee Schedule. 15.79.060 Chapter 1, DIVISION II, Section R108 "Fees", Subsection R108.6 "Work commencing before permit issuance" — Amended. Section R108.6 of the 2016 California Residential Code is amended to read as follows: Section R108.6 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an Ordinance No. 2017-2426 5 Amending NCMC Chapter 15.79 Adopted: January 17, 2017 2016 Residential Code 255 of 416 administrative penalty equal to the inspection fee portion the permit fee that would be required by this code if a permit were to be issued. The administrative penalty is in addition to a permit fee. When a plan review is required for issuance of such permit, the plan review fee portion will not be subject to said penalty. 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. 15.79.065 Chapter 1, DIVISION II, Section R109 "Inspections", Subsection 109.3.1 "Re -inspections" — Added. Chapter 1, DIVISION II, Section R109.3.1 is added to the 2016 California Residential Code to read as follows: Section R109.3.1 Reinspections. A reinspection fee may be assessed for each inspection or re -inspection when any of the following occurs: 1. The portion of work for which the inspection was called is not complete or the corrections previously required and called for are not made; 2. Calling for an inspection before the job is ready for such inspection or re -inspection; 3. The inspection record card or the approved plans are not posted or otherwise available to the inspector; 4. Failure to provide access on the date for which the inspection is requested; or, 5. Deviating from the approved plans when such deviation or change required approval of the building official. To obtain a re -inspection, the permittee shall file an application in writing on a form provided for that purpose and pay the re -inspection fee in accordance with the current City of National City Fee Schedule. In instances where a re - inspection fee has been assessed, no further inspections shall be performed until the fees have been paid. 15.79.070 Chapter 1, DIVISION II, Section R110 "Certificate of Occupancy", Subsection R110.4 "Temporary occupancy" — Amended. Section R110.4 of the 2016 California Residential Code is amended to read as follows: Section R110.4. Temporary Certificate of Occupancy. Where a project or a major portion thereof is substantially complete and can be safely occupied, but practical difficulties delay completion of work, the building official may issue a Temporary Certificate of Occupancy for the use of a portion or portions of the building or structure prior to the completion of the entire project. Prior to issuance of a Temporary Certificate of Occupancy, the premises shall be inspected by all affected city departments who shall prepare a list of work required to be completed and shall forward the list along with a recommendation for approval or disapproval of the issuance of a Temporary Certificate of Occupancy to the building official. Upon receipt of a recommendation for approval from all affected city departments. The building official may prepare a Temporary Certificate of Occupancy granting temporary occupancy that shall include the following: Ordinance No. 2017-2426 6 Amending NCMC Chapter 15.79 Adopted: January 17, 2017 256 of 416 2016 Residential Code 1. Work yet to be completed; 2. Maximum time allotted for completion of said work; 3. Property owner's signature and the signature of the contractor agreeing to complete the work within the prescribed time or vacate the premises upon order of the building official until such work is completed; 4. Evidence that a faithful performance bond has been posted if required by any affected city department; and 5. A copy of the Temporary Certificate of Occupancy granting temporary occupancy shall be provided to all affected city departments. 15.79.075 Chapter 1, DIVISION II, Section R112 "Board ofAppeals", Subsection R112.1 "General" — Amended. Section R112.1 of the 2016 California Residential Code is amended to read as follows: Section R112.1 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 qualified by experience and training to pass judgment on matters pertaining to 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. Decisions of the Board may be appealed to the City Council by the appellant or by 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 hearing on the appeal. 15.79.076 Chapter 1, Division II, Section 112 "Board of Appeals," Subsection R112.4 "Administration" — Amended. Section R112.4 of the 2016 California Residential Code is amended to read as follows: Section R112.4 Administration. The Building Official shall take immediate action in accordance with the decision of the board, unless such decision is appealed to the City Council. 15.79.080 Chapter 1, DIVISION II, Section R113 "Violations", Subsection R113.1 "Unlawful acts" — Amended. Section R113.1 of the 2016 California Residential Code is amended to read as follows: Section R113.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use occupy or maintain any building or structure or cause or permit the same to be done in violation of this code. Ordinance No. 2017-2426 7 Amending NCMC Chapter 15.79 Adopted: January 17, 2017 2016 Residential Code 257 of 416 Violation of any provision of this code shall be punishable as a misdemeanor and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code. 15.79.082 Section R202 Definitions "Building Existing" — Amended. Section R202 Definitions "Building, Existing" of the 2016 California Residential Code is amended to read: Building, Existing. An "existing building" is a building erected prior to the adoption of the 2016 California Residential Code, or one for which a legal building permit has been issued. If more than fifty -percent of a structural roof or more than fifty -percent of all exterior walls are removed as part of a project, the building is not an existing building. 15.79.085 Chapter 1, DIVISION II, Section R319 "Site Addresses", Subsection R319.1 "Address Identification " — Amended. Section R319.1 of the 2016 California Residential Code is amended to read as follows: Section R319.1 Address Identification. Every principal building or structure within the incorporated limits of the City of National City shall be identified by a designated street number as issued by the National City Fire Department. Approved numbers or addresses shall be placed on all new and existing buildings, adjacent to the principal entrance to the premises or at a point that is highly visible and legible from the street. If necessary, directional signs shall be posted showing proper access to the given address from a point where the Fire Department access roadway leaves the dedicated street, to the entrance of each addressed building. All such numbers shall be Arabic numerals or alphabetical letters and shall be a minimum of 4 inches (102mm) high with a minimum stroke width of 0.5 inches (12.7mm), and shall be placed on a contrasting background. 15.72.090 Chapter 1, DIVISION II, Section R902 "Roof Classification", Subsection R902.1.3 "Roof Coverings in all other areas" — Amended. Section R902.1.3 of the 2016 California Residential Code is amended to read as follows: Section R902.1.3 Roof Coverings in all other areas. The entire roof covering of every existing structure where more than fifty percent (50%) of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire -retardant roof covering that is at least Class B. 15.79.095 Plan review fees. When plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged in accordance with the current City of National City Fee Schedule. [Signature Page to Follow] Ordinance No. 2017-2426 8 Amending NCMC Chapter 15.79 Adopted: January 17, 2017 2016 Residential Code 258 of 416 PASSED and ADOPTED this 17th day of January, 2017. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ordinance No. 2017-2426 9 Amending NCMC Chapter 15.79 Adopted: January 17, 2017 2016 Residential Code 259 of 416 CC/CDC-HA Agenda 1/17/2017 — Page 260 The following page(s) contain the backup material for Agenda Item: (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 260 of 416 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 17, 2017 AGENDA ITEM NO. ITEM TITLE: (A) An Ordinance of the City Council of the City of National City establishing the Compensation of the Mayor and the City Council. An Ordinance of the City Council of the City of National City establishing Retiree Health Care Benefits for the Mayor and City Council. (B) PREPARED BY: George H. Eiser, III Stacey Stevenson PHONE_ Ext. 4222 EXPLANATION: DEPARTMENTS. City Attorney Administrative Services APPROVED BY: APPROVED BY: Please see attached memorandum from Interim City Attorney and Deputy City Manager Stacey Stevenson. FINANCIAL STATEMENT: ACCOUNT NO. A) 001-401-000-1** (salaries & benefits) B) 212-409-000-199 (personnel) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: APPROVE : (t ,'Finance APPROVED: MIS FY 17 (4'/ mos) FY 18 FY 19 Total $9,900 $26,800 $27,300 $64,000 $3,123 $3,123 FINAL ADOPTION: STAFF RECOMMENDATION: Adopt ordinances. BOARD ! COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Memorandum Countywide Compensation Survey Countywide Retiree Health Benefit Survey Proposed ordinances 261 of 416 Mayor Ron Morrison Council Members Jerry Cano Alejandra Sotelo-Solis Mona Rios Albert Mendivil -9— CALIFORNIA —s+ NATIONAL arty lq�+ Senior Assistant City Attorney i eopiPO ATED Nicole Redone Office of the City Attorney MEMORANDUM Interim City Attorney George H. Eiser, 111 Deputy City Attorney Roberto M. Contreras TO: Mayor and City Council DATE: January 17, 2017 FROM: Interim City Attorney Deputy City Manager Stevenson SUBJECT: Adjustments in Compensation for Mayor and City Council At the City Council meeting of December 20, 2016, the City Council approved a salary increase for the Mayor to $65,000 per year ($5,416.66 per month), and an increase for the members of the City Council to $14,277.36 per year ($1,189.78 per month). At the December 20 meeting, the City Council also approved the establishment of retiree health benefits for the Mayor and City Council. The Council approved retiree health benefits at the same level as the Executive/Management Group, as follows: (a) $20 per month multiplied by the number of years of service (b) Retirement from City and Ca1PERS (simultaneously at time of separation from the City) (c) Benefit continues for lifetime of individual The Ordinances presented for adoption are based upon action taken by the City Council at its meeting of December 20, 2016. Given that the action differed from staff's assumptions and thus the costing information provided for the December 20 meeting, additional direction was given to staff to provide an updated fiscal impact. The following information is provided in response. Should the City Council adopt the Ordinances, they will become effective on February 17, 2017. In calculating the fiscal impact, staff prepared a projection from the effective date through fiscal year 2019. That is to say the projection covers the period February 17, 2017 through June 30, 2019. The combined fiscal impact for both Ordinances for said time period is projected to be $67,123. That figure is broken down as follows: A. Compensation for the Mayor and Council. As directed, the City Council is anticipated to receive an increase of 10% and the Mayor is anticipated to receive an increase of 31.47%. As a percentage, the combined impact of the increases by fiscal year is: 1243 National City Boulevard; National City, California 91950-4397 Tel.: (619) 336-4220 Fax: (619) 336-4327 262 of 416 FY 2017 FY 2018 FY 2019 % of Base Salary 9.77% 26.44% 26.93% % of Total Compensation* 7.64% 20.34% 20.39% * Total Compensation includes base salary, pension, Workers' Compensation, Medicare, Health Care, and other fringe benefits payable to the "employee" group. In dollars, the combined impact of the increases by fiscal year is: FY 2017 (4.5 months) FY 2018 FY 2019 Total Cost thru 6/30/19 $9,900 $26,800 $27,300 $64,000 B. Retiree Health Benefit. For purposes of this updated report, the assumptions for the projected impact of the Retiree Health benefit have been revised to correspond with Council term dates. The previous fiscal impact assumed the cost if an eligible elected official left office at any time during the three year period. The revision assumes elected officials leaving office at the end of a term. As such, the revised analysis shows that there is no fiscal impact until fiscal year 2019, coinciding with the next election cycle. The projected fiscal impact of this Ordinance for fiscal year 2019 is $3,123. C. The combined fiscal impact, if both Ordinances are adopted is: FY 2017 FY 2018 FY 2019 % of Base Salary 9.77% 26.44% 30.01% % of Total Compensation* 7.64% 20.34% 22.72% FY 2017 (4.5 months) FY 2018 FY 2019 Total Cost thru 6/30/19 Salary Increase $9,900 $26,800 $27,300 $64,000 Retiree Health Benefit — _ $3,123 $3,123 Total $9,900 $26,800 $30,423 $67,123 Stace-`C've%e' George H.Eiser, III Deputy City Manager Staff Report —January 17, 2017 Interim City Attorney Adjustments in Compensation for Mayor and City Council 263 of 416 ; Ll, JM" xaT1ONALCITT •eb�rw�t� City of National City Human Resources Department ELECTED OFFICIAL SURVEY RETIREE HEALTH BENEFIT Agency Charter City Retiree Health Benefit Carlsbad Chula Vista X X The City contracts health through Ca1PERS, and Elected Officials who have elected health receive S 122 per month for health coverage after retirement. Elected Officials taking office prior to January 1, 2011 may continue to articipate in the City's Retire Coronado - ------ - The City contracts health through Ca1PERS, and Elected Officials who have elected health receive $122 per month for health coverage after retirement. Del Mar X None El Cajon X The City contracts health through Ca1PERS, and Mayor & Council Members who have elected health receive $122 per month for health coverage after retirement. Encinitas The City contracts health through Ca1PERS, and Elected Officials who have elected health receive $122 per month for health coverage after retirement. Escondido Elected Officials may continue to participate in the City's Retiree Health Plan, at their own expense. Imperial Beach The City contracts health through Ca1PERS, and Elected Officials who have elected health receive $109 per month for health coverage after retirement. La Mesa The City contracts health through Ca1PERS, and Elected Officials who have elected health receive $122 per month for health coverage after retirement. Lemon Grove The City contracts health through Ca1PERS, and Elected Officials who have elected health receive $225 per month for health coverage after retirement. Oceanside X Offer retire health at their own expense. They can enroll for the same number of years that they have been employed. IF they have been employed for over 15 years, they can remain enrolled indefinitely. Poway They have to retire with a PERS retirement, have at least 5 years of service, and be at least 50 years of age. Retiree pays the full premium amount. San Diego X Elected Officials appointed after April 1, 2012 do not receive a retiree health benefit. San Marcos X Elected Officials have the opportunity to remain on City's plan at the time of their retirement if they are under the age of 65. The retiree health is administered through a third party, and retiree pays the full premium amounts plus 2% administrative fee. Santee X Council Members who have served the City for a total of 8 years and are at least 45 years of age upon leaving office are eligible for the Retiree Health Assistance program. The program allows for the Council Member plus spouse and dependents to stay on the City's health insurance plan after leaving office, at their own expense. Solana Beach The City contracts health through Ca1PERS, and Elected Officials who have elected health receive $122 per month for health coverage after retirement. Vista X None 264of416 OAl1tORrrIA �• NATIONAL CfT 2Zz1J — Agency Charter City Carlsbad X Chula Vista X Coronado Del Mar X El Cajon X Encinitas Escondido Imperial Beach La Mesa Lemon Grove Oceanside X Poway San Diego X San Marcos X Santee X Solana Beach Vista X National City Color Denotes Full Service Cities Monthly Compensation $2,152 MAYOR Comm Dev / Hsg Board $75/mtg for CDC Other Related Comp $100/mtg for Water Board Elected Official Compensation Survey: Mayor and Council COUNCIL Expense Car Monthly Comp for RDA or Allowance Allowance Compensation Special Mtgs Not provided $4501m0 $2,052 $75/mtg for CDC Other Related Comp $100/mtg for Water Board Expense Car Allowance Allowance Not provided $350/mo Health Care $1,428/mo $10,397 $50/mtg Housing Not provided Not provided $650/mo $4,159 $50/mtg Housing Not provided Not provided $35&'mo $1,372/mo $435 $301mtg for CDSA Not provided $1751mo Not provided $435 $30/mtg for CDSA Not provided $751mo Not provided S-.473/mo Ffleotive Ja from $1 $350 Not provided Not provided Not provided Not provided $300 Not provided Not provided Not provided Not provided Not provided $2,240 $30/mtg Not provided Not provided $550/mo $1,553 $30/mtg Not provided Not provided $450/mo $1,000/mo $1,186 $100/mo (pd by the Wtr Board); $50/rnty Hsg $160/mtg Actual Exp & $350/mo $350Imo $1,186 $100/mo (pd by the Wtr Board),$50lmtg Hsg $160/mtg Actual Exp & $350/mo $350!mo $1,091/mo $4.572 Not provided Not provided Not provided $7501ino $1,726 Not provided Not provided Not provided $750/mo up to $1,300/mo There Is sup December $1,100 $30/mtg Not provided Expenses Reimb Not provided $300 $301mtg Not provided Expenses Reimb Not provided up to $1,350/rrio $2,000 Not provided Not provided $1.000/yr expense allow $4001mo $1.000 Not provided Not provided $1, 0001yr expense allow $350/mo $1,314/mo Etfeolive inc $1,234 Not provided Not provided Not provided $175/mo $705 Not provided Not provided Not provided $175/mo $750/mo $2.344 $350/mo CDD mtg & $200/mo Harbor mtg Not provided $400/mo $2.195 $350/mo CDD mtg & $200/mo Harbor mtg Not provided $350/mo up to $1,429/mo tled to unrep Eees They are c Effective comperrsa $1,467 Not provided $75/mo phone allowance Not provided $300/mo mileage $1,167 $100 or $150 per meeting $50/mo phone allowance Not provided 5300/mo mileage up 10 $1843.24/mo Plan tc $8,372 Not provided Not provided Not provided $800/mo $6,282 Not provided Not provided Not provided $800/mo up to $1,343.42 $978 Not provided Not provided Not provided $300/mo $978 Not provided Not provided Not provided $300/mo See Notes $1,175/mr spending , plus $1 $2,707 Not provided Not provided Not provided $300/mo $1,606 Not provided Not provided Not provided $300/mo $1,538/mo $713 Not provided $160/mtg for SEJPA Not provided $350/mo $713 Not provided $160/mtg for SEJPA Not provided $350/mo $1.120/mo $2,722 $147.75/mtg Buena Sanitation District $90/mo cell phone allowance Not provided Included in salary $2.622 $147 75/mtg Buena Sanitation District $90/mo cell phone allowance Not provided Included in salary up to $1,933/mo $4,120 Not provided Not provided $350/mo $750/mo $1,082 Not provided Not provided $350/mo Not provided 51200/mo 265 of 416 ORDINANCE NO. 2017 — 2427 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING THE COMPENSATION OF THE MAYOR AND CITY COUNCIL BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. That the base monthly compensation for the City Council is established at $1,189.78 per month, pursuant to the provisions of Sections 36516 and 36516.5 of the California Government Code. Section 2. That the base monthly compensation for the Mayor is established at $5,416.66 per month, pursuant to the provisions of Sections 36516.1 of the California Government Code. PASSED and ADOPTED this 17th day of January, 2017. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ron Morrison, Mayor 266 of 416 ORDINANCE NO. 2017 — 2428 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING THE RETIREE HEALTH CARE BENEFITS FOR THE MAYOR AND THE CITY COUNCIL BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. That the Mayor and City Council shall receive the retiree health benefits at the same level as the Management/Executive Group, as follows: (a) $20 per month multiplied by number of years of service (b) Retirement from City and CaIPERS (simultaneously at time of separation from the City) (c) Benefit continues for lifetime of individual Section 2. That all other benefits for the Mayor and City Council shall remain the same. PASSED and ADOPTED this 17th day of January, 2017. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ron Morrison, Mayor 267of416 CC/CDC-HA Agenda 1/17/2017 — Page 268 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 268 of 416 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 269 of 416 RESOLUTION NO. 2017 — 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 WHEREAS, the City Council of the City of National City considered a Conditional Use Permit for a craft beer tasting room to be located at 340 West 26th Street at a duly advertised public hearing held on December 6, 2016, at which time the City Council considered evidence; and WHEREAS, at said public hearing the City Council considered the staff report provided for Case File No. 2016-21 CUP, which is maintained by the City and incorporated herein by reference; along with any other evidence presented 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 hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the evidence presented to the City Council at the public hearing held on December 6, 2016, support the following findings: FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because the Land Use Code specifies alcohol sales as a conditionally -allowed use in the Light Industrial (IL) zone, and the proposed use meets the required guidelines in the Land Use Code for alcohol sales, as discussed in the staff report. 2. The proposed use is consistent with the General Plan and any applicable specific plan, because alcohol sales are permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the General Plan. A retail beer tasting room is a use that is consistent with the IL zone, which allows retail uses. In addition, there are no Specific Plans in this area. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because no expansion of the building is proposed. 4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, because the proposed use would be within an existing retail suite in an existing commercial/industrial building, located in an existing business park, and because access to and from the site is provided by Hoover Avenue, a collector street operating at a passing Level of Service (LOS) of C and below capacity; the project is not expected to result in an increase in Average Daily Trips (ADT) such that the LOS would be affected. 270 of 416 Resolution No. 2017 — January 17, 2017 Page Two 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the sale and consumption of beer would be approximately half of overall business sales. In addition, micro -scale breweries such as what is proposed are different in that the beer is of higher quality and is generally more expensive. For these reasons, the clientele tends to be Tess interested in overconsumption and more interested in quality, which results in less negative impacts than a bar or similar. In addition, the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act, because staff has determined that the proposed use is categorically exempt from environmental review pursuant to Class 1 Section 15301 (Existing Facilities) for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. The reason for the exemption is that no expansion of the building is proposed and use of the building would be the same as non -conditionally allowed uses (commercial and retail enterprises). 7. That the proposed use is deemed essential and desirable to the public convenience or necessity, because the alcohol sales will contribute to the viability of an existing brewing supply business, an allowed use in the IL zone. The tasting room, as part of the retail business, would be a draw for area and non -area residents alike. The tasting room would also help to activate the area and to contribute to the regional craft beer industry. 8. That based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. 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 a beer tasting room at 341 West 26th Street, including sales of sealed containers (commonly known as growlers) for off -site consumption (per ABC Type 23 license regulations). Only beer produced by the master licensee under a Type 23 (small beer manufacturer) license may be sold and/or consumed at this location. The serving and consumption of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit "A", Case File No. 2016-21 CUP, dated August 16, 2016. 2. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in the Municipal Code. 271 of 416 Resolution No. 2017 — January 17, 2017 Page Three 3. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 4. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 5. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Executive Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the City Manager or designee prior to recordation. Planning 6. Alcohol sales shall be limited to the hours of 11 a.m. to 9 p.m. Monday to Saturday. 7. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a 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. 8. The consumption of alcoholic beverages is prohibited outside of the building. The permittee shall post signs, to be approved by the Planning Department, at the entrances and exits to the building prohibiting consumption of alcohol beyond those points. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "No consumption of alcohol is allowed beyond this point." b. "No open alcoholic beverage containers a re allowed beyond this point." 9. All activities shall abide by the limitations contained in Table III of Title 12 (Noise) of the National City Municipal Code. 10. All activities involving the sale of food from a food truck or similar apparatus shall be consistent with Chapter 9.06 (Food Vending Vehicles) of the National City Municipal Code. 272 of 416 Resolution No. 2017 — January 17, 2017 Page Four 11. The proposed alcohol sales, service, and consumption shall abide by all applicable rules and regulations as stated by the California Department of Alcoholic Beverage Control (ABC). In the case that any of these conditions violate any laws, rules, or regulations administered by ABC, the laws, rules, or regulations shall govern. Police 12. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, serving, and consumption of alcoholic beverages. Fire 13. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA). 14. Fire alarm and fire sprinkler systems shall be evaluated and installed for the intended use per code. An automatic sprinkler system may be required if an A-2 occupancy load exceeds 100 or more. 15. Permittee shall contact the National City Fire Department for information on a liquid carbon dioxide alarm system, which may be required for this business. BE IT FURTHER RESOLVED that this Resolution shall become effective, final, and conclusive on the day following the City Council meeting where this Resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. PASSED and ADOPTED this 17t" day of January, 2017. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George Eiser Interim City Attorney Ron Morrison, Mayor 273 of 416 CC/CDC-HA Agenda 1/17/2017 — Page 274 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving 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) 274 of 416 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 28th Street and north of East 29th Street. (Applicant: Frank Motors) (Case File No. 2013- 23 SC)J PREPARED BY: T4artin Reeder, AICPI DEPARTMENT: PHONE: I619-336-4313 APPROVED BY: 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. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Exempt pursuant to CEQA. Section 15305 (Minor Alterations in Land Use Limitations) ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the resolution BOARD I 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 1275 of 416 l RESOLUTION NO. 2017 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE VACATION OF 250 FEET OF "A" AVENUE LOCATED SOUTH OF EAST 28T" STREET AND NORTH OF EAST 29T" STREET APPLICANT: FRANK MOTORS WHEREAS, application was made requesting the vacation and closure of 250 feet of "A" Avenue located south of East 28th Street and north of East 29th Street, in the City of National City; and WHEREAS, on August 19, 2014, the City Council of the City of National City conducted a hearing and initiated said vacation and closure of "A" Avenue located south of East 28th Street and north of East 29th Street; and WHEREAS, on November 17, 2014, the Planning Commission of the City of National City considered the proposed vacation and closure, and found and determined that the vacation and closure of "A" Avenue located south of East 28th Street and north of East 29th Street conforms with the City's adopted General Plan; and WHEREAS, the City Council has considered the Planning Commission's report and recommendation, and the presentation of staff regarding the proposed vacation and closure; and WHEREAS, public hearings were held by the City Council on December 16, 2014, March 17, 2015, June 2, 2015, June 7, 2016, June 21, 2016, and December 6, 2016, at which time all persons interested in or objecting to the proposed vacation and closure were afforded the opportunity to appear and be heard; and WHEREAS, the City Engineer caused notice of said vacation and closure to be posted in the manner specified by law; and WHEREAS, the National City General Plan does not consider the portion of "A" Avenue located south of East 28th Street and north of East 29th Street as an arterial or collector street; and WHEREAS, at the City Council hearings, evidence was submitted that there is a low volume of usage on the portion of "A" Avenue located south of East 28th Street and north of East 29th Street, based on the report provided by Stack Traffic Consulting; and WHEREAS, at the City Council hearings, evidence was submitted that said portion of "A" Avenue located south of East 28th Street and north of East 29th Street is used by neighboring residents; and WHEREAS, at the City Council hearings, evidence was submitted that the portion of "A" Avenue located south of East 28th Street and north of East 29th Street provides an access point to East 30th Street; and WHEREAS, at the City Council hearings, evidence was submitted that access to East 30th Street from properties in the neighborhood of the portion of "A" Avenue located south of East 28th Street and north of East 29th Street was provided via alternate routes. 276 of 416 Resolution No. 2017 — January 17, 2017 Page Two NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves said Street Vacation based on the following findings: 1. That the Street Vacation as described in Case File No. 2013-23 SC is not necessary for present and prospective public use, because the National City General Plan does not consider the portion of "A" Avenue located south of East 28th Street and north of East 29th Street as an arterial or collector street. 2. That the Street Vacation as described in Case File No. 2013-23 SC is not necessary for present and prospective public use, because there is a low volume of usage on the portion of "A" Avenue located south of East 28th Street and north of East 29th Street, based on the report provided by Stack Traffic. 3. That the Street Vacation as described in Case File No. 2013-23 SC is not necessary for present and prospective public use, because although some area residents stated that they prefer to use the subject segment of "A" Avenue in order to safely access southbound National City Blvd. from the controlled intersection at East 30th Street, alternate routes are available. BE IT FURTHER RESOLVED that the alley vacation is approved subject to the following conditions: General 1. This Street Closure authorizes the vacation of 60 feet by 250 feet of "A" Avenue south of East 28th Street. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A-2nd Revision, Case File No. 2013-23 SC dated 6/13/2016. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. Fire 3. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA). 4. Identification signs shall be posted for all utilities such as natural gas and fire sprinkler system. The applicant shall contact the National City Fire Department for direction and copy of requirements. 5. Fire department access roads shall meet the requirements of the 2013 California Fire Code Section 503 Fire Apparatus Roads. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to Fire Department apparatus by way of an 277 of 416 Resolution No. 2017 — January 17, 2017 Page Three approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of a fire apparatus weighing at least 75,000 pounds. Fire department access roads shall have an unobstructed width of not less than 20 feet for emergency vehicle travel. Where required by the fire code official, approved signs or other approved notices or markings that include the words NO PARKING -FIRE LANE shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. 6. Roads or alleys 20 to 26 feet wide shall be posted on both sides as fire lanes. 7. If automatic gates are used, emergency strobes shall be for entrance and egress if applicable. 8. The National City Fire Department shall be involved with all fire inspections for this site. Rough inspections of all phases of work are required. 9. A 48 hour notice is required for all inspections. Engineering 10. The Applicant shall submit a plat and legal description of the proposed area of the street vacation and any applicable street dedication. 11. The Applicant shall submit a title report for all properties adjacent to the portion of "A" Avenue to be vacated. 12. The street vacation document shall provide all necessary easements as required by the various utility companies. 13. The street vacation document shall provide to the City of National City a twenty foot access and sewer easement ten feet on either side of the existing center line of the portion of "A" Avenue to be vacated. 14. The street vacation document shall provide to the City of National City a drainage easement over that portion of "A" Avenue to be vacated. 15. The Applicant shall submit plans and details of all gates, fences, barricades, and appurtenances proposed to be installed at either end of the vacated portion of "A" Avenue. Planning 16. Access to all existing utilities that reside in the area to be vacated, including water mains, power and telephone poles, and a sewer main shall be maintained or abandoned/relocated as required by the respective utility owner. 278 of 416 Resolution No. 2017 — January 17, 2017 Page Four 17. If the proposed cul-de-sac is constructed in the public right-of-way or in the event that the cul-de-sac is dedicated as public right-of-way in the future, the cul-de-sac shall be designed per American Association of State Highway and Transportation Officials (AASHTO) standards to accommodate the turning radius of a 30-foot overall length and/or 20-foot wheelbase single -unit vehicle. 18. The proposed cul-de-sac shall be marked as red curb/no parking to the satisfaction of the City Engineer. 19. No offloading of transport trucks shall occur off -site. 20. Driveway aprons on the remainder of "A" Avenue that are not driveway access shall be abandoned and reconstructed to provide curb, gutter, and sidewalk per City requirements. 21. A landscaped/vegetated barrier shall be constructed along the north property lines of parcels on East 28th Street, as well as along property lines adjacent to residentially - developed parcels. The design of the fence shall include audial as well as visual screening of activities from adjacent residential properties. The barrier shall be irrigated and maintained in perpetuity. The barrier must be in place prior to vacation of "A" Avenue. 22. A new traffic signal at the intersection of National City Blvd. and 28" Street will be required prior to the vacation of "A" Avenue. The applicant is required to pay for all necessary off -site improvements including, but not limited to the new traffic signal. 23. All gates into the property shall provide enough room for stacking of vehicles waiting to enter so that adjacent City streets are not blocked or restricted by waiting service vehicles. 24. After the vacation of "A" A Avenue has been completed, all vehicular access to the property located at 130 East 28" Street shall be from the properties comprising the vehicle storage lot at the southeast corner of East 28th Street and "A" Avenue (Assessor Parcel Number 562-160-05 and 562-170-23). Access shall be memorialized through an agreement, easement, or similar instrument to the satisfaction of the City Attorney. BE IT FURTHER RESOLVED by the City Council as follows: 1. That the Mayor and City Clerk are respectively authorized and directed to execute and attest an Order of Vacation of the above described portion of public right-of-way. 2. That the vacation of the above described portion of public right-of-way to motorized vehicles is made under the authority of Division 9, Part 3, Chapter 3 of the California Streets and Highways Code. 4. That the right-of-way to be vacated is not needed for present or future public transportation uses, because the properties abutting the street under consideration will continue to have access to public streets. 279 of 416 Resolution No. 2017 — January 17, 2017 Page Five 5. That while the area to be vacated is not required as a non -motorized transportation facility for pedestrians, bicyclists, or equestrians, adjacent streets will allow for the same through travel. 6. That the vacation of the proposed segment of right-of-way is consistent with the City's General Plan, because as the street in this area is not an arterial or collector street, and because access to existing utilities will continue to be provided. 7. That, once the Order of Vacation is executed, the City Clerk is hereby authorized and directed to cause a certified copy of subject Order to be recorded in the office of the County Recorder of San Diego County, pursuant Section 8325 of the California Streets and Highways Code. 8. That from and after the date that Order of Vacation is executed, the above -described portion of public right-of-way will no longer constitute a street, except as reserved and excepted herein. PASSED and ADOPTED this 17th day of January, 2017. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George Eiser Interim City Attorney Ron Morrison, Mayor 280 of 416 CC/CDC-HA Agenda 1/17/2017 — Page 281 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 281 of 416 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 DEPARTMENT: Finance�� PHONE: 619-336-4265 APPROVED BY: `-7/4d ,Q EXPLANATION: See attached staff report. FINANCIAL STATEMENT: ACCOUNT NO. See attached staff report. Expenses may be paid from various accounts. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: `�///Q - Finance Finance APPROVED: MIS 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 1282 of 416 l + 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; 283of416 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. 284of416 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 285 of 416 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 286 of 416 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 2016 Agreement 287of416 City of National City and NHA Advisors, LLC 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 2016 Agreement 288 of 416 City of National City and NHA Advisors, LLC 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 2016 Agreement 289 of 416 City of National City and NHA Advisors, LLC information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions, or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm, or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify and hold harmless the City of National City, its officers 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 2016 Agreement 290 of 416 City of National City and NHA Advisors, LLC 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 2016 Agreement 291 of 416 City of National City and NHA Advisors, LLC 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. 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: 2016 Agreement 292 of 416 City of National City and NHA Advisors, LLC 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 term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the CITY. 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. 2016 Agreement 293of416 City of National City and NHA Advisors, LLC 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. 2016 Agreement 294of416 City of National City and NHA Advisors, LLC 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 CiAdo (Print) APPROVED AS TO FORM: (Title) George H. Eiser, III InterimCity Attorney 2016 Agreemer I I1 City of National City and NHA Advisors, LLC 295 of 416 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. 296 of 416 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 $275 Vice President $225 Associate $175 Analyst $125 Administrative $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 Fee Range Tax and Revenue Anticipation Notes $17,500 - $22,500 Certificates of Participation $42,500 - $67,500 Tax Allocation Bonds $47,500 - $92,500 Revenue Bonds $47,500 - $72,500 Assessment Districts $32,500 - $72,500 Community Facilities Districts $37,500 - $72,500 297of416 RESOLUTION NO. 2017 — 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 WHEREAS, 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 Successor Agency, and the Housing Authority, issued a request for proposals ("RfP") for municipal advisory services on September 15, 2016; and WHEREAS, four (4) responses to the Requests for Proposals were received and reviewed, taking into consideration, among other things, relevant experience with California municipal governments, commitment of key members of the firm to the Successor Agency, demonstrated knowledge of the work/services required, approach to municipal advisory services and, cost of services; and WHEREAS, after reviewing and considering each proposal, and interviewing representatives of each of the firms, it was determined that NHA Advisors, LLC, would best meet the municipal advisory services needs of the City of National City; and WHEREAS, NHA Advisors, LLC, ("NHA") is an independently -owned municipal advisor/Independent Registered Municipal Advisor organized as a California limited liability company that 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; and WHEREAS, NHA is qualified by experience and ability to perform the services desired by the City, Successor Agency, and the Housing Authority, and NHA is willing to perform such services for the period January 17, 2017 through December 31, 2019, with two additional one-year options; and WHEREAS, this Agreement will require the approval of the Oversight Board to the Successor Agency and the California Department of Finance prior to being effective. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the selection of NHA Advisors, LLC, and authorizes 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. Said Agreement is on file in the office of the City Clerk. [Signature Page to Follow] 298 of 416 Resolution No. 2017 — Page Two PASSED and ADOPTED this 17h day of January, 2017. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ron Morrison, Mayor 299 of 416 CC/CDC-HA Agenda 1/17/2017 — Page 300 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 "City Support for Special Events, Activities, Programs and Services" of the City Council Policy Manual Chapter 800. (Neighborhood Services) 300 of 416 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 17, 2017 AGENDA ITEM NO. ITE TITLE: Resolution of the City Council of the City of National City adopting the amended Policy 802 "City Support for Special Events, Activities, Programs and Services" of the City Council Policy Manual Chapter 800. PREPARED BY: Armando Vergara, Director Stacey Stevenson; Deputy City Manager DEPARTMENTS: Neighborhood Services PHONE: 336-4213 APPROVED BY 336-4308 EXPLANATION: See Attached City fa ager FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS N/A ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution amending Council Policy 802 BOARD J COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Staff Report 2. Council Policy 802 — Strike Out Version 3. Council Policy 802 — Clean Version 4. Resolution 301 of 416 CALIFORNIA +- IO NA , CITir INOORPORATUD City Council Staff Report January 17, 2017 ITEM Staff Report: Resolution of the City Council of the City of National City adopting the amended Policy 802 "City Support for Special Events, Activities, Programs and Services" 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. Financial 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 (Recreational Field and Sports Facility Rules and Regulations) and 802 (City Support for Special Events). The committee for Policy 801 consisted of Mayor Morrison, Council Member Sotelo-Solis, Executive Director Raulston, Neighborhood Services Manager Vergara, former Community Services Recreation Superintendent Cissel and Public Works Park Superintendent Diaz. The committee for Policy 802 consisted of Mayor Morrison, Council Member Rios, Executive Director Raulston, Neighborhood Services Manager Vergara, Community Services Recreation Superintendent Cissel and Public Works Park Superintendent Diaz. These two 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 302 of 416 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 & Use of the City Mobile Stage • Policy 803 Facility Use Guidelines and Regulations for the Use of Community Centers Consistent with the approved Council Policy 802, the 802 Policy Committee met in December, 2016 to review the current list of City co -sponsored events and applications for inclusion onto said list. In addition, at the regular scheduled City Council meeting of November 15, 2016, the City Council gave direction to staff to bring back policy language intended to create accountability in such cases where the City Council provides funding to an outside group or individual for the performance of a program, service or activity other than special events or capital projects. The proposed of this report is bring forth recommendations to City Council for amendments to Council Policy 802 based upon the review of the 802 Policy Committee and in response to the November 15, 2016 Council direction. DISCUSSION Special Events 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 After 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: 303of416 • 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. Other Events, Activities, Programs and Services In response to the Council direction noted in the Background section above, staff reviewed existing City Council policies for the purpose of determining if any such policy already adequately addressed the accountability requested by the City Council. Having found that such language does not currently exist, staff reviewed said policies for the purpose of determining if any existing policy would lend itself to an amendment of this type. In doing so, Policy 802 was determined to be most appropriate. As such, staff restructured Policy 802 and inserted proposed language as follows: To the extent economic conditions and the City's resources allow, one-time funding support may be authorized in support of a program, service or activity, other than a special event, when found by the City Council to be of benefit to the community or the City. a. Requests must include a specific purpose for the funding (i.e. to pay, in whole or in part, for the purchase or rental of specific supplies or equipment). b. Payments will be processed by the Department of Finance upon receipt of documentation of allowable incurred expenses, in a format prescribed by the Director of Finance. It is noted that during the November 15, 2016 meeting there was some discussion of placing a threshold on the above types of financial support. However, such direction was not included in the final motion. Should Council determine to add a dollar threshold, it would be staff s recommendation that this requirement of accountability be in place regardless of the dollar amount granted (no minimum funding threshold as a trigger) and that a limit be placed as to the maximum amount of financial support (a funding ceiling). RECOMMENDATION Staff recommends adoption of the Resolution amending Council Policy 802 as follows: • Amend the list of City co -sponsored events to include o Maytime Band Review o Sweetwater Kiwanis Club o Mabuhay Festival 304of416 • Amend the list of City co -sponsored events deleting o Chamber Installation Dinner o Taste of National City o Reduce support fee waiver level from $1,000 to $500 for qualifying non -co- sponsored applicants • Add staff's proposed section C.4, adding language for accountability of City Council authorized financial support of programs, services or activities other that special events. 305 of 416 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: City Support for Special Events, Activities, Programs and Services 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 concerned 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 specifically 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 f. Community or neighborhood block parties and street dances g. Mass participation sports (marathons, bicycles races and tours) h. Film making activities i. Public speaker events 2. "CITY SUPPORT" means any City services required to maintain minimal interference and inconvenience to the general public resulting from a Special Event. 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 306 of 416 TITLE: City Support for Special Events, Activities, Programs and Services POLICY 802 ADOPTED: October 3, 2006 AMENDED: January 17, 2017 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: A. Co -Sponsored Events It is the policy of the City Council that: 307of416 TITLE: City Support for Special Events, Activities, Programs and Services POLICY 802 ADOPTED: October 3, 2006 AMENDED: January 17, 2017 1. 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. 2. 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. 3. 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. B. Sponsored Events 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. C. Other Events, Activities, Programs and Services It is the policy of the City Council that: 1. 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 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. 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 308 of 416 TITLE: City Support for Special Events, Activities, Programs and Services POLICY 802 ADOPTED: October 3, 2006 AMENDED: January 17, 2017 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. 3. 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. 4. To the extent economic conditions and the City's resources allow, one-time funding support may be authorized in support of a program, service or activity, other than a special event, when found by the City Council to be of benefit to the community or the City. a. Requests must include a specific purpose for the funding (i.e. to pay, in whole or in part, for the purchase or rental of specific supplies or equipment). b. Payments will be processed by the Department of Finance upon receipt of documentation of allowable incurred expenses, in a format prescribed by the Director of Finance. D. El Toyon Park The use of El Toyon Park for special events is prohibited. E. Use of Mobile Stage 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 309 of 416 TITLE: City Support for Special Events, Activities, Programs and Services POLICY 802 ADOPTED: October 3, 2006 AMENDED: January 17, 2017 ATTACHMENT 'A' NATIONAL CITY CO -SPONSORED EVENTS Event Title Sweetwater Kiwanis Carnival Granger Jr. High Cultural Fair* Job Fair July 4th Carnival* Mabuhay Festival Auto Heritage Days* Relay for Life* Salute to Navy Maytime Band Review Sweetwater High Homecoming Community Concert Band Series (up to 4 concerts annually/per year) Spirit of the Holidays Christmas in July Clean -Ups Organizer Sweetwater Kiwanis Club Granger Jr. High N.C. Chamber of Commerce National City Host Lions Club Mabuhay Festival N.C. Chamber of Commerce American Cancer Society N.C. Chamber of Commerce Maytime Band Association Sweetwater High School N.C. Community Concert Band N.C. College Campus Lions Christmas in July Timing March Spring Spring July June August August October October Fall Quarterly December Various *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 event date. After the five - month application deadline, other interested parties will be able to apply. Events scheduled on recurring weekends (such as the IS+, 2"', 3rd 4th, or 5th weekend of a month) will be defined by the first date of the event is open to the public. 310 of 416 TITLE: City Support for Special Events, Activities, Programs and Services POLICY 802 ADOPTED: October 3, 2006 AMENDED: January 17, 2017 ATTACHMENT `B' NATIONAL CITY SPONSORED EVENTS Event Title Organizer 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 311 of 416 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: City Support for Special Events, Activities, Programs and Services & Use of the City Mobile Stage POLICY 802 ADOPTED: October 3, 2006 AMENDED: January 17, 2017 April 5, 2016 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 concerned 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 specifically 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 f. Community or neighborhood block parties and street dances g. Mass participation sports (marathons, bicycles races and tours) h. Film making activities i. Public speaker events 2. "CITY SUPPORT" means any City services required to maintain minimal interference and inconvenience to the general public resulting from a Special Event. 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 312 of 416 TITLE: City Support for Special Events, Activities, Programs and Services & Use of the City Mobile Stage POLICY 802 ADOPTED: October 3, 2006 AMENDED: January 17, 2017 April 5, 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: A. Co -Sponsored Events 313of416 TITLE: City Support for Special Events, Activities, Programs and Services & Use of the City Mcbi uce- POLICY 802 ADOPTED: October 3, 2006 AMENDED: January 17, 2017 April 5, 2016 It is the policy of the City Council that: 1. 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. 2. 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. 3. 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 maximum level of $1000per 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. B. Sponsored Events 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. C. Other Events, Activities, Programs and Services It is the policy of the City Council that: 1. 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 include an event where there is insufficient time for Council approval, such as in the event of a 314 of 416 TITLE: City Support for Special Events, Activities, Programs and Services & Use of the City Mobile Stage POLICY 802 ADOPTED: October 3, 2006 AMENDED: January 17, 2017 April 5, 2016 catastrophe or an emergency situation. The City Manager shall notify the City Council of any such support on a monthly basis. 2. 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. 3. 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. 4. To the extent economic conditions and the City's resources allow, one-time funding support may be authorized in support of a program, service or activity., other than a special event, when found by the City Council to be of benefit to the community or the City. a. Requests must include a specific purpose for the funding (i.e. to pay, in whole or in part, for the purchase or rental of specific supplies or equipment). b. Payments will be processed by the Department of Finance upon receipt of documentation of allowable incurred expenses, in a format prescribed by the Director of Finance. D. El Toyon Park The use of El Toyon Park for special events is prohibited. E. Use of Mobile Stage 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 315 of 416 TITLE: City Support for Special Events, Activities, Programs and Services & Use of the City Mobile Stage POLICY 802 ADOPTED: October 3, 2006 AMENDED: January 17, 2017 April 5, 2016 City Council Policy # 801 — Field and Facility Rules and Regulations 316 of 416 TITLE: City Support for Special Events. Activities, Programs and Services & Use of the City Mobile Stage POLICY 802 ADOPTED: October 3, 2006 AMENDED: January 17, 2017 April 5, 2016 ATTACHMENT 'A' NATIONAL CITY CO -SPONSORED EVENTS Event Title Chamber Installation Dinner Sweetwater Kiwanis Carnival Granger Jr. High Cultural Fair* Job Fair July 4th Carnival* Taste of National CityMabuhay Festival Auto Heritage Days* Relay for Life* Salute to Navy Maytime Band Review Sweetwater High Homecoming Community Concert Band Series (up to 4 concerts annually/per year) Spirit of the Holidays Christmas in July Clean -Ups *Indicates use of City Mobile Stage Organizer N.C. Chamber of Commerce Sweetwater Kiwanis Club Granger Jr. High N.C. Chamber of Commerce National City Host Lions Club N.C. Chamber of CenlinefeeMabuhay Festival N.C. Chamber of Commerce American Cancer Society N.C. Chamber of Commerce Maytime Band Association Sweetwater High School N.C. Community Concert Band N.C. College Campus Lions Christmas in July Timing Feb March Spring Spring July MayJune August August October October Fall Quarterly December Various 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 event date. After the feve- 317 of 416 TITLE: City Support for Special Events Activities, Programs and Services & Use of the Cis POLICY 802 ADOPTED: October 3, 2006 AMENDED: January 17, 2017 April 5. 2016 month application deadline, other interested parties will be able to apply. Events scheduled on recurring weekends (such as the P' 21d 3rd 4'h, or 511' weekend of a month) will be defined by the first date of the event is open to the public. 318 of 416 TITLE: City Support for Special Events, Activities, Programs and Services & Use of the City Mobile Stage POLICY 802 ADOPTED: October 3, 2006 AMENDED: January 17, 2017 April 5, 2016 ATTACHMENT B' NATIONAL CITY SPONSORED EVENTS Event Title Organizer 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 on Brick Row Tree Community Services December Lighting Community Service Day Community Services April National City Public Safety Fair Police, Fire April *Indicates use of City Mobile Stage 319 of 416 RESOLUTION NO. 2017 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE AMENDED POLICY 802 (CITY SUPPORT FOR SPECIAL EVENTS & USE OF THE CITY MOBILE STAGE) OF THE CITY COUNCIL POLICY MANUAL CHAPTER 800 BE IT RESOLVED by the City Council of the City of National City that City Council Policy No. 802, entitled "City Support for Special Events & Use of the City Mobile Stage' is amended as recommended by the Director of Neighborhood Services. PASSED and ADOPTED this 17h day of January, 2017. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ron Morrison, Mayor 320 of 416 CC/CDC-HA Agenda 1/17/2017 — Page 321 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) 321 of 416 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 322 of 416 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 324 of 416 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. 325 of 416 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. 326 of 416 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. 327 of 416 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 328 of 416 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 329 of 416 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. 330 of 416 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. 331 of 416 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. 332 of 416 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. 333 of 416 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 2 334 of 416 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 335 of 416 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 336 of 416 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 337 of 416 ems: r,sirwsfil. ty i August 25, 2014 ❑ CerteusTrecks 2010 12402 . in03 123.03 Si 00 .4111 ?11Rs Fwa 31 04 tgalerAtotof 1:45,467 0 0.375 0.75 1.0 MI r . '1 i 1 r t.. 0 4,3 1 2bn SOUPS. Eari, Ht3RE, mum* Tomhm. Intrnnep, Increment P Corp. GEHCO, u808, FAO, PPa bRCAN, em 8uq IGM, K I III NI, Oedrwna WWI, Eat,Iapen, MET!. End Chow Mom Kama, sifeitcpa, 14tinyindla cpsispeimapporeihutrar, and the GM ueaCamu n*I 338 of 416 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 339 of 416 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. 340 of 416 Guest list Print name signature I address l cam..)- P/,,r2-0,. ‘:30 6•101 tO 2.0 Mmwfe 341 of 416 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 342 of 416 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: 343 of 416 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. 344 of 416 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 345 of 416 c c — 1• -Y - 21 i • ,4 • Lit f — DX-T rr Watt (s) NS • k EXISTING FLOOR PLAN bOMI 14- ..-.00rAtthiE - 21_- CJS E FILE NO.: 201b - 249 Cur CATS: K iz a t(o 346 of 416 CC/CDC-HA Agenda 1/17/2017 — Page 348 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) 348 of 416 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: 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 1 COMMISSION RECOMMENDATION: Not Applicable. ATTACHMENTS: 1. Background Report. 2. Draft Ranking. 349 of 416 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 over a period of time sufficient to allow the owner of the property and/or business to recoup their investment. 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. 350 of 416 DRAFT AMORTIZATION RANKING TOP 20 NON -CONFORMING USES Score Nov. 3, 2016 Rank Order Group Weights 0.400 0.600 J 1.000 APN 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 561110•13010 66 NNW. 2 560-202-01 S&S Welding Corporation ..... 140 W. 18th St 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 Lo a Contractors _ 339 W. 16th St 87 inNIMIMMMONY 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 48 11 555-111-07 E-Z Sarin• and Stam•in• 231 W. 11th St 72 31 48 12 560-142-09 C&W Diving Services, Inc./West Diving Services 1706 Hoover Ave 56 42 48 13 559-101-02 Harn's Welding 1840 Wilson Ave 60 «.... 38 47 14 559-033-02 Transmission Supply & Rebuild 338 W. 12th St 64 35 47 15 559-032-11 SAF Collision Center, Inc 420 W. 12th St �.� 64 35 . 47 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 l�r46 46 18 555-105-13 o Dan Fab _ 1110 Harding Ave , 74 27 18 560-065-10 Cuevas (Unpermitted business, unknown) 104 W. 15th Street 66 32 46 20 351 of 416 1 QyG 1 VI I CC/CDC-HA Agenda 1/17/2017 — Page 352 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) 352 of 416 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATr January 17, 2017 AGENDA ITEM NO. ITEM TITLE: Request by Alliance San Diego for the City Council to consider 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: c' EXPLANATION: At the December 6, 2016 City Council meeting, Councilmember 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. Should the Council desire a resolution, staff requests the Council amend paragraph 6 in the draft resolution provided by Alliance San Diego, inquiring about immigration status. National City's police officers ask immigration related questions when they have a suspect in a crime. In addition, California law (53069.75 GC) prohibits police agencies from prohibiting police officers to work with U.S. Department of Homeland Security's Immigration Customs Enforcement (ICE) (Attachment 4). Please note the City of Seattle, Washington's resolution (attached) exempts police officers. Included for City Council information is a copy of National City Police Departments Operating Procedure on Undocumented Persons & Foreign Nationals (Attachment 5). FINANCIAL STATEMENT: ACCOUNT NO. 1I, ENVIRONMENTAL REVIEW: INJA ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: u Finance 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: NIA ATTACHMENTS: 1) Letter of request and draft resolution from Alliance San Diego 2) Resolution of support from the City of Seattle, Washington 3) ILRC information on Local Options for Protecting Immigrants 4) State of California Government Code Sec - • • GC 5) NCPD Operating Procedure - Undocume 353 of 416 Foreign Nationals ATTACHMW2 1 a llance January 4, 2017 National City City Council 1243 National City Blvd. National City, CA 91950 Re: Creating a Welcoming Community for Ali 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. LISit , I-111 ii � fir,4 uf.E.4!oz.7J: )I.i WWWAILLIANCCSD.ORG 354 of 416 aIIIance 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 ail community members are able to thrive. Sincerely, Christian Ramirez Human Rights Director, .ed.hAlr[Ei`sariMegc1i11,-pii' i oorgon:J[up lox ID ..:}6 7 - 355 of 416 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 8USC 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 warrant by 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. 356 of 416 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. 357of416 AITACHMENT 2 II1 Ciof Seattle Office of the Mayor {Sty of Seattle Edward 13, Murray, Mayor Executive Order 201E t 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 dtythat 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 can 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 one of just six in the country with a growing unauthorized population during.a time when numbers have decreased natier ny; and WHEREAS, Washington is the country's 8largest refugee -receiving state and a majority or 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 28,000 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 future and to contribute their time and talent to make Seattle a city of innovation and growth;• NOW THEREFORE, 1, EDWARD B. MURRAY, Mayor of Seattle, hereby reaffirm the Cfty's commitment to be a welcoming city for all Seattle residents by ordering the following actions: 358 of 416 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 -law violation. Section 2. City employees will serve all residents and city services will be accessible to all 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 ICE 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 • Offirce of Economic Develop"rnent • Office of Policy and Innovation • city isuciget 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} 359 of 416 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 caior, people with disabilities, worsen, l_GBTO. 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: Develop a programmatic investment strategy for $250,000 in funding included in the 4th Quarter Supplemental Budget of 203.6 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 Crancisco in December and to the OS 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 1206) 684-S36O, Dated this 23"d day of November, 2016 E . Murray Mayor of Seattle 3 360 of 416 m ' •-••".7-• „ t - • Cf. • It • II • 1. sia II el II It *Wig •• 11eV Re LI Me % 11 • IA ▪ f• Oita la yi TO 01111111111•4 • • 44 I* 4 44 Of PO wp 04 41 40 Om 40 00 so pe 361 of 416 ATTACMIINT 3 -.'•7••••:::.1. TABLEF CONTiI'S INTRODUCTION COUNTY JAIL PROVISIONS CRIMINAL LEGAL PROVISIONS ITV PROVISIONS TI•IEP THINGS CITIES COUNTIESCAN D . APDING LOCAL AUTHORITIE ORE RESOURCES + CONTACT THE AUTHORS 362 of 416 363 of 416 LOCAL OPTIONS UP PROTECTING 1MM1GPANT5 ,ligt*TISe to Presiteblaltt,it Vr'W Atsoa,cloirevitinletA66*54., - "-* - ••C• 0402 - t. 4140630-13ori pips promi n he talaits' 111100006-ialtelsa02 *ttaie4iiir „, . . • „ :-;;•,7" • -4-5:- - • „oktecto_ ioo4roit000t:otatmoetos.: , ,,, diiitlitial$Mie treated te4/ally (eftat ti , . , P-4?4,-.4A--2.1.-- immigration status) devote local resources to local - - - > priorities, and uphold the Constitiatiti% - , . • - . . • . • • Al the forefront of this battle is when *e tt'al criminal le. system cooperates with Immigration & Customs Enforcement - (ICE), Many local law enforcement agencies voluntarily offer assistance to ICE at their own 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 t 101 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. 364 of 416 365 of 416 vs_ •• • • • . • :„ .•;„ ,p~ago-44st Vett"rt. 414t.tf$17110t -4! ,-,41:*1,04014014i 4t.411disassct. • • „ . • . , 40.191VIVA,: wootiviAtist 7 'etWAtoystinerle4olittigatt- .15tO4aiis Iicies recta siztalc***,, . . 1. 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Masiy,suoilliaswale trinney ort trompgration cieteriliZIC.4650104 setid - ; mc•mgey nd ate silin.1izin1C1\Afi*t4- -2 • Itaktiviilmis.cmoweet tvosiaireti avogy te-E detemte ri %Ramait* sisareTss. , ; • • -; • 1 ' rso AdieWlitatet-tt inuitiOarni3747 erlakt fay rri(3nths want ftlyvtlinffilee-91: .,; - 0.01,2r *Ms. riwe vial1al atilwitst ftm la 442ii t eateti Into • tretiltrationtisfauttop A Min* "Ritip4/1" emem see: AVietitAittgigAttwai01044441.. • . • • . -". . 366 of 416 COUNTY .6r JAIL., PPOV1SIONS 3. No detention o'k " • • _ :".'1•g,' • , 410144403WX4 •. 7.'10004014s* defAmt$ TerpMCthe14010keentgatia-, •••• • woof •• • :1" .:','Slift`givsl,irmtkortatft6 egh*Y74kAgrotam .4•-••;-;q i1cCr gil • , /4t•nor. . , . • • O-JLlffi 4 1600 •;•ky..' '!...r; ,7J 401/413614E4P-• • 4144404-itifsgisfiAPOPR03 ;t • • -4.'%;,.,Irt.'71. +to:0i . 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'4N4att- -• " *kistAtlt*.or#A immigration status or ,• : place of birth .: fititicipattmeaes,t9044evantr .,. .•- owt tbile4007 oVimAtertioit ot 04i:it'd %mot r PrOtectivz orridrilo saigyroisittetto' As • Rearm implring btwilamigtutiort,slam lay • • , igefOtiviOteefitoot or oAtogi ortan, • .10101"iorly, iii*Ir 1440019-pliteritakmai4. • in Practice 4.skthe dtteepsoak;.uttitel‘ traiutiOitii 7 staw pLr • fi.mitinfibe:ebvto peyspigv0,41, niaitilrOwiabiomp-Oless ffulptja*.a. !Sup is • IfeciSturyitAle zingovitivesigatowerelmir4001 oftle.. it poi144,1** tmigF otapgmtkg easyArogitalos 'Wolk 064441r - impitirati951.0.14e: • • Avrdiougak fonertftow.04-*0 pagot - oporogpaggattautohoki4 tiummikiatkriatityftfrio , iprMoemesilom stelVor tooFt.gaitokst • . . :ta 4444 -14,14014fitioaWlotafititiw ittnalietzgaWfOrgit 144P**4910--Clt-35 • • - • dintty 1O*4 !aft )046: 11itikM4041kipAt t401UI 404fr-4.14090 hth1 ndr4tiI wrwna il*Aii41404-06****,1050,t6t1,.., ": giONIZAWAVitteelix44 igCS4Verntilliti-Plett1001 • nrr»ig4bigrfrifrvilig." ,,riehky 368 of 416 GOUNTV & JML PPOVIS1ONS 7. No rtattqc,- 5 b,a7 Real 7-'••lir I- - n letwor - • •-•PPimt *, • - • " NN'lk142111-4054vOtrdNetki010441#12''''''':: 310,10V01)***041-004: 'Ikat6tutiolattwanioraiivegl1. 44#014araWitik ArTSEAGS-Xiiik‘ii**4444EVa")"' ot* aeMs ti71 ilitilMit45111101WW- -;‘ • '701.404 donta OiklAotgo '01441-Whivetaillty.v.grlave;." 451v. ctjijtAAVtilakttftlibitrtWti'ill; ;A. .1811itY, -r• '"". • itett44004,404 0... 4.atxxowyeztv e,vestlem . 7** fititOM"7,40.1611.4r ,„; outpaots:mt.pot :-.11aae.raroaftcvlo1PE 440tc41454110#• 0. 44itior.: itpAtfotoloaftra, ri‘ • '• 4.4.14404,0,494k • , 4rtlyMiyikvabklief,00.. • iSfritgASet5ar-"K"d A*9fixostiodmsterz:'-0#tiVw,. • • wtoblis a-f412kiNgkfliii44 Sp100! . ..„4100o.mcifyost4wo'otak4t4t,sioiiiihe• ectogeftatitt• Ralfgwattitrkpm*RANtir - amtkvato • map; 04),Wrdua% • • irtomalbtm iltakasdlo„ttr*e.! it law) Oty qRC) nf 41R 370 of 416 4-4 �Ti� tam '4.1444. i0'b ,_..1 mcial al . e' r 1dM. s- at c • in Practice [.1us p ®® 1)4 44r imaugriteil sa± al€ e- -r s ( e i Y �.• Agta •44�yy f , 4... ki.(1 ti • • " �. tYh'�. Y '.if +0. C . tii . 1•" 4 ` Ft/ . 401-4 ritnR).- ads'2431le i,,c-st�r�r�i�I+�6111A11;Wuv 011,pUi 371 of 416 A. 14#1,{ �� d e v •,� F� {raft - u' n' � � ,, . • U Visa Policies - �1 C 1 "„ si :•. )eras + r do i ea,1s *. r' niii*Atiomediaettg.y c .Q-a i pT Real Policies,. in Practice *':yam 'k !Istiod zv { . , Y, t. 372 of 416 373 of 416 c ` mors fs - ' i' - , kN 6y ! #0,0**4:7hI Ip w+t 1 at i; • - :41eal Polk I n practice'.! ret a1o�i = tips it _. er MEW ti4iolys 1040Piedfi sfa slams eatio eim ItY-4 Prohibition on M immigration Arrests toi stars:. s1. a Ii * me,_ e 1 - a ft s� he or Weimietit Real Policies in Practice • 374 of 416 kitivogs Q:r. tw000pltitt. ' .tr. ••7. • .7,•. -4V0441000}AAVPV,fi.1.47.,.. kV% • 7.= .y.z7 _f Nip Ong!! in AftWii.,Ortt4 7 - • -1.'0, 1.-tgeftlEPW1.1f,41r-;-.0.41..°*434.17T tglati.lk • • ..:r.ilaitliti*voi.4411‘5141rOgA.k.v ; .044194- • :•'IrriipbteAt- ,qn coggtUelatpAtipii,Ar-o• t0;4c Mel).Mevetfuegoo.4-At 'At4Cototi -siejII toskakv-• *ti,"411.4M-104444bmwrevicifialli. e , 7 . .,1",,,,g• 1t:**ktOtr10**A0-1,0P0A-ng:o* PY,F-0,--PtimPitlo01,varivovforptx lo ''CoCC:' ' -.coudotbaiget****f4 41141y411,13104-0PAtItieS4110* :!!flAhefOetkitd4tv4VOW-44iekwili‘gloVis generally ttO ae:tiplateeityIks rOk.a* , r;7•X' -040ala ,t1/41te•#*146tigillte OeTig-Vaa, k•`..4;-:.-- VP tslai*V tact iptyvictinft, Fake : rt:004**te:WIAPOIN intrOligue gtfutroy • ct-f• ,..Hvg,44jaS•Atlitp*Oit'a*tvi ."•• •;.41:01Atitssititii*? a4it flllocal police wave pOlides against roil nd nutifk-,-ation $iiximalattviras-reeehe#1 -110 . ' • piiiiet4§444.0= theibroei tip voifltr.s. 0-7 . rifie*Mi*itefta.Per•. 01440,0:;0'.• littif.c+V.V3SA0100.11iVoi-ititgAfil .;: .r; - • • _Ofs's :wady** .0' Afr#0..*:,10.0:ii.. - • .• 441441imcworfteettiopmb-AelAtligitid.: : :..", ,flrap,r4prieni nt orl1uir4jr,aban law, nuogericy r IF-41 k-0 tl __whole In rirgy liter Tinw, Girl:Lamm hu.iiiing %%pi ICE I IN ,TEdi r..g AIJfl colchtly 754a 114 5 or rel-:,3E.Me, 375 of 416 1 376 of 416 r•.!.i:'dT�fAt'.' 377 of 416 T tit!rt: 4 1. 410 0T1L) AND COUNTIES C Artitiddition to th po1ie iisiec:a a number of additional action . . • - • • - 130)410-. ***WO *ithltill9fitlioir*taft Tan • ,6 7, liYt417.f3114.1'6,40P #0: qtY-9,Proy '••4- ,Foksit4 eos- fa* 114.992, - • t.forr.,4,.. ri oulivsks**5400:.4 4.0.14044vgr".t.„r, , ,,,_ ..,,,,....---- - - t -.. 0 15ston.-,-- • kaitto04•40#*;.::4V '*4****41 C4DIPLefnCratit,,:***:: '14*(51440W--F4 441:000-v--t. . *wow .i.•t' tiaotii,a, "ore* at rikeoa4aalow ...,- ,, ,.. ilfhb 411ti1catioh tard for al " ivp.p.'aticfsts:4hp •". • ogagemenititAlioalme 57404 cittorosammg.w.04204461.: ititegrOon oftattiferatit OOP 02A3, Atoret-1:-40murros`p sq*A440101102-41nWAVAIM- Sew =OA**. - ,,d4itliiS **Ow tiv,f4-em . . • i*4%tstoti.**341)04.)rlay.044,11,"--00--- • ext. oitativtiftSciviteiginfigistimpa-. 13:440tdotaiiiits.;•• • --et**.; - • . • . Alga444V, 9.aLTAke**Fnii .,„ $0,xigve; 4204,01•4rdatrezititALkf it) fr ' . $40ita4411 ilooritylvagi ..%;e6 • ";.. • f. • 378 of 416 firvoi �x.hmvr..•,�,.rrd r ,Y#�'rh'Ni'OP�G�i�'.rr�/r 379 of 416 Type of Power 3arfsdiclSan Elected 2ppals1od couNri AUTHORITIES Sheriff • Sheriff oft= manages county orregional jails • May have custody of both pre-trial inmates and those wing fitly short sentences • Most Sheriffs and SheriftDeputies have arrestand enforcement p weirs, but some only run jails and don't have patmls • Sheriffs are often elected by the people of the county, but not always. Citlinrity EXeCeitiVe • Could have many names • Doesn't exist in many states • Likely controls county budget or oversees comity= wide agencies • Governs the whole • May bethe prin' nay executive autbotity for small towns without their own council or mayor • May be elected or appointed CruBty Connell 4}� Sea 4.. • A legislative body with_... power to write county- wide laws • Can call meetings and_;}Y oversight hearings or demand information from law enforcement • Some states have County Bow, wpm ETD a similar law -making body . ofelected officials • • May also he called cty Commission !. • A County Commission/Boar& 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 380 of 416 Type of Power Jurisiiietion Fleeted itr - uppoiettid • Mayor isgenerally irt tillarge of runnin* g a town or city • Usually manages local budgets and oversees eitY agencies • May have ountagerial authority to tell police crr jails what to do • Some towns have a City Manager, which is sitoilar to a Mayor * Highest authority t'vt • Ms the chief the kcal WV pelicc executive of a toms or deparbnciat city, Ince the President, « No juristiction over but on a local ievei neighberinti balls •• Usually bas power to May detain people pass executive orders after a...n-4 "clu:tv * Does not have authority trial cover other towns • Usually elected by residents of the city, bat =yin appointed by a city council • - ‘,...i.Jusa;.il la giuup af ofEcials with power to pass local laws, often called manures • May also eondtxt ovetsight hearings of the Jail or police • Likely has a subcommittee with specific focus on police, public so*, or imumigodoo issae-s * In some cities has power to appoint the mayor or city =new • Counall. Members may be elected at large or based OD wards or districts ,...7•;$•,:-.---1,-,-.•,•.?-",- . . . . . 7: 4":1:5; -'_.-.'-'1.,.. '-'''„:4'id's ' • .:.' '-:' ..' ''. ':- -., - .,-;,. ,.::, .,. i t.iir.'"::•:'-' .-..' -.._-:;tittigiiiit'.''. -..,'4•11-' 1 ,...4 .-*:% , . :- , ' -Aitt45#4,1**31011,,l'''''A- -". - - '' ST.W.i: .'1"...4', 5,0,-,-,r.;.V.''..,,Y, .. ....:. 11-•.r.t.,!.-;::Q-. ="---, _ , ., . . , • :;•.i atillaitk' ixfotott, .:744,,t,,,. - - ..-1....7.- ..... ..„ ....-.4.:,..,.:', • -'...,..f. 0-..,. - -r ..-.7"..,...,; ,;.:,..;:,;_.--,.__,...V. ,._. .......• . ..................-,,,,, -...,,,,,....-... 4,,,......,...,., 382 of 416 • Goide o ihe CrrinpI Alien Piogram • Guide to the Priority Enforcement Program (PEP-Cornm) A cornprehonsive guide to separating Iocir lavy enforcement from CE 383 of 416 ATTACHMENT 4 California Government Code Section 53069.75 guarantees continued federal support for local Iaw enforcement activities. It provides as follows: "...no local law shall prohibit a peace officer or custodial officer from identifying and reporting to the United States immigration and Naturalization Service any person, pursuant to federal law or regulation, to whom both of the following apply: (a) The person was arrested and booked, based upon the arresting officer's probable cause to believe that the person arrested had committed a felony or misdemeanor. (b) After the arrest and booking in subdivision (a), the officer reasonably suspects that the person arrested has violated the provisions of the federal immigration laws." 384of416 ATTACHMENT 5 POLICE DEPARTMENT OPERATING PROCEDURE NO. 053 PATROL PAGE 1 OF 8 ORIGINAL DATE: 12113/90 REVISED DATE: 03/21/2007 SUBJECT: UNDOCUMENTED PERSONS & FOREIGN NATIONALS This is a revised Operating Procedure and supersedes all previous instructions pertaining to this subject. I. PURE This Department procedure establishes guidelines for the proper handling of undocumented persons. The National City Police Department recognizes and values the diversity of the conununity it serves. The purpose of this policy is to ensure the safety and well being of all persons, regardless of their immigration status. Primary responsibility for the enforcement of Federal immigration laws rests with the U.S. Citizenship and Immigration Service and the U.S. Customs and Border Protection Service (CBPlBorder Patrol). National City Police personnel will focus on detecting and apprehending individuals involved in criminal activity. IL ADULT UNDOCUMENTED PERSONS A. National City Police officers are responsible for the enforcement of all laws, Federal, State, and local, and for the safety and protection of air persons. Therefore, officers have a duty to contact any person(s) when there is a "reasonable suspicion" to believe they are involved in criminal activity. B. If, upon investigation, probable cause to arrest exists, unrelated to the person's immigration status, officers may arrest for the offense. 1. If the subject is booked in the County .fail and determined to be illegally in the United States, a hold for CBP/Border Patrol shall be placed on the prisoner. a. Immigration documents identified as evidence in a criminal investigation will be impounded per Department Procedure. b. Health and Safety Code Section 11369 provides notification requirements when the arrest is drug -related and the person is suspected to be undocumented. 385 of 416 POLICE DEPARTMENT OPERATING PROCEDURE UNDOCUMENTED PERSONS & FOREIGN NATIONALS NO.053 PATROL PAGE 2 OF 8 C. If, after investigation, it is determined the person(s) is/are not involved in criminal activity unrelated to immigration status, the person should be released. I. Officers may, however, notify CEP/Border Patrol of suspected undocumented status but the duration of the stop or detention prior to the detainee's release shall be in accordance with Department Procedure. Such detentions should ordinarily be no longer than twenty minutes. 2. Officers are generally prohibited from transporting detained undocumented persons to a police facility for the sole purpose of releasing them to CRP/Border Patrol, as this would constitute an arrest. III. SITUATIONS WHERE BORDER PATROL INVOLVEMENT IS NOT AUTHORIZED A. Officers will not detain undocumented persons for CRP/Border Patrol under the following conditions: 1. When they are victims or witnesses of a crime, unless a determination has been made by investigators to hold them as material witnesses. 2. When contacted during family disturbances. 3. Generally, during the enforcement of minor traffic offenses. 4. When the person(s) is seeking medical treatment. IV . EXCEPTIONS A. Certain criminal situations, because of their inherent danger to citizens of the United States and undocumented persons as well, require immediate action by police officers. Officers are authorized to detain and release undocumented persons to CRP/Border Patrol when contacted under the following conditions: 1. Drop House - A house or building being utilized as a transfer/holding facility for person engaged in smuggling undocumented persons. 2. Load Vehicles - Vehicles engaged in smuggling undocumented persons. 3. Drug House - House or building being used to facilitate narcotics trafficking. 386 of 416 POLICE DEPARTMENT OPERATING PROCEDURE UNDOCUMENTED PERSONS & FOREIGN NATIONALS V. DOCUMENTATION OF DETENTIONS NO.053 PATROL PAGE 3 OF 8 A. All undocumented person who are arrested will be booked or cited and appropriate reports prepared. When undocumented persons are detained and released to CBP/Border Patrol, officers will prepare a detention report in every case. 1. Detention reports involving undocumented persons must list in detail the reasons for the detention, including all facts that led to the "reasonable suspicion" that the subject was involved in criminal activity unrelated to immigration status. 2. In the event officers locate a drop house, load car, or drug house containing multiple undocumented persons, they will document the event by preparing an ARTS-8 on each subject and an ARILS-9 detailing the circumstances of the detention. 3. The name(s) and identification number(s) of the agent(s) who take custody of the detainees will be included in the appropriate (ARMS-BARES-9) reports(s). VI. MIGRANT CAMPS The majority of residents living in migrant camps work in the surrounding area and are in this country legally. Officers are generally prohibited from detaining suspected undocumented persons in this setting for CBP/Border Patrol unless there is probable cause to arrest for a crime not related to immigration violations. If probable cause to arrest exists, officers will follow the procedures in this policy. VII. ASSISTANCE TO LAW ENFORCEMENT AGENCIES A. Officers are directed to provide necessary assistance to all law enforcement agencies including the U.S. Border Patrol, when requested to do so. B. California Government Code Section 53069.75 guarantees continued federal support for local law enforcement activities. It provides as follows: "...no local law shall prohibit a peace officer or custodial officer from identifying and reporting to the United States Immigration and Naturalization Service any person, pursuant to federal law or regulation, to whom both of the following apply: (a) The person was arrested and booked, based upon the arresting officer's probable cause to believe that the person arrested had committed a felony or misdemeanor. 387of416 POLICE DEPARTMENT OPERATING PROCEDURE UNDOCUMENTED PERSONS & FOREIGN NATIONALS NO. 053 PATROL PAGE 4 OF 8 (b) After the arrest and booking in subdivision (a), the officer reasonably suspects that the person arrested has violated the provisions of the federal immigration laws." VIII. UNDOCUMENTED JUVENILES A. 300 W&I Dependent Children 1. Under 13 years of age Children in this category will be transported to the Polinsky Center if a parent or guardian cannot be contacted. The Polinsky Center will determine the status and disposition of the child. 2. Thirteen years of age or older If the juvenile's parent or guardian can be located, the juvenile will be released to them regardless of the family's immigration status. If the juvenile's parent or guardian cannot be contacted, the juvenile will be released to Border Patrol. Transportation to a CBP/Border Patrol facility is authorized for this purpose. 3, A Juvenile Contact Report (AIMS-8) will be completed detailing the circumstances of the detention and the disposition of the juvenile. B. 601 W&I Status Offenses (i.e., curfew, tenants and runaways) 1. Under 13 years of age If the parents reside in a foreign country, the juvenile will be transported to the Polinsky Center. 2. Thirteen years of age or older It is incumbent upon the Police Department to return juveniles without parental supervision to their parents, guardians, or school officials. If the parents or guardians are in the United States and can be contacted, the juvenile will be released to them. If the juvenile's parent or guardian cannot be contacted, the juvenile will be released to CBP/Border Patrol. Officers are authorized to transport the juvenile when CBP/Border Patrol is unable to respond or there would be an excessive time delay. 388 of 416 POLICE DEPARTMENT OPERATING PROCEDURE UNDOCUMENTED PERSONS & FOREIGN NATIONALS r NO. 053 PATROL PAGE 5 OF 8 3. A Juvenile Court Report (ARJIS-8) will be completed detailing the circumstances of the detention. 602 W&1 Minor Offenses I. Under 13 years of age If the parent or guardian cannot be contacted, a court order is required before the Polinsky Center will accept them. In these cases, personnel at the Polinsky Center will be responsible for obtaining the court order. Officers will stand by until a disposition is reached by Juvenile Hall. In cases where a court order is not issued, the arresting officer will, with the assistance of the Juvenile District Attorney if necessary, coordinate the placement of the juvenile in Juvenile Hall or Polinsky Center. 2. Thirteen years of age or older If a juvenile is arrested and the parents or guardian cannot be contacted, the juvenile will be placed in Juvenile Hall. 3. A Juvenile Court Report (AR1IS-9) will be completed detailing the circumstances of the arrest. D. 602 W&I Serious Offenses 1. Juveniles arrested for serious and/or violent crimes shall be placed in Juvenile Hall. 2. Officers shall photograph the juvenile taken into custody. The photograph should be attached to the Juvenile Contact Report. 3. All arrests of undocumented juveniles shall be documented on a Juvenile Contact Report (ARKS-8). IX. MATRICULA CONSULAR IDENTIFICATION CARD In July of 2002, the Mexican Government hen issuing Matricula Consular identification cards to Mexican citizens residing in the United States and other foreign countries to serve as formal identification. It is the policy of the National City Police Department that its officers will accept these cards as official forms of identification. The Matricuta Consular cards will be considered as valid and official forams of identification for Mexican nationals living in the United 389 of 416 POLICE DEPARTMENT OPERATING PROCEDURE UNDOCUMENTED PERSONS & FOREIGN NATIONALS NO. 053 PATROL PAGE 6 OF 8 States until further notice. The Matricula Consular will not be accepted in lieu of a driver's license when any law or regulation requires a valid driver's license. Possession of this card does not imply immigration status. If an invalid Matricula Consular identification card is found, the Mexican Consulate requests that the card be forwarded to the below address. In the event officers develop independent probable cause to believe that a person in possession of a Matricula Consular identification card is committing a criminal violation, officers shall proceed in accordance with existing law and operating procedures in the handling and processing of an arrest. In those instances, should a Matricula Consular identification card be involved in the investigation, officers shall process the card consistent with current operating procedures pertaining to evidence handling. Questions relating to the Matrtcula consular identification card can be addressed to representatives of the Mexican Consulate located in San Diego at: 1549 India Street, San Diego, CA 92101, Phone Number: (619) 231-8414 or (619) 308-9946. X. FOREIGN NATIONALS A. Undocumented Persons A Mexican/American treaty signed in 1943 requires that local officials notify, within 24 hours, the nearest Mexican Consular official in the event of the death or serious injury to a Mexican National. Notification should be made by telephone to the Mexican Consulate at: (619) 231-8414, 1549 India Street, San Diego, CA 92101. B. Foreign Nationals It is the policy of the National City Police Department to offer assistance and aid to all foreign nationals within the City. The 1963 Vienna Convention states that law enforcement agencies are required to help foreign nationals communicate with their appropriate consular posts and that the law enforcement agencies are to make various notifications to consular posts. C. Diplomatic Immunity Diplomatic officers, including Ambassadors, Ministers, Minister Counselors, First Secretaries, Second Secretaries, Third Secretaries, and Attaches, when contacted by members of NCPD, will be treated with the same courtesy all members of the public served are due, as well as that which befits their distinguished positions. They will be afforded all of the right, privileges, and immunities provided by international law and federal statute. 390 of 416 POLICE DEPARTMENT OPERATING PROCEDURE UNDOCUMENTED PERSONS & FOREIGN NATIONALS NO. 053 PATROL PAGE 7 OF 8 D. Notification of an Undocumented Per„son's or Foreign National's Serious Injury or Death: The Investigations Division will be re.sponsible for notification in the event of serious injury through non -traffic causes. The Traffic Division will be responsible for notification in the event of serious injury through traffic causes. • The Office of the County Coroner will make notification in the event of death. Current information as to the appropriate office to notify in case of arrest, detention, imprisonment, or death of a foreign national may be obtained either from the Office of Emergency Services (916 262-1800) or the Secretary of State, Office of Special Filings (for death notifications) (916 653-3984). E. Arrest, Detention or Imprisonment of Diplomatic Officials or Foreign Nationals: 1. Diplomatic officials and foreign nationals are entitled, by treaty, to certain rights. 2. In the event of a contact with a person claiming diplomatic immunity or privilege, contact a supervisor immediately. 3. Consular officers shall be free to communicate with nationals of their country and to have access to them. Foreign nationals shall have the same freedom with respect to communications and access to consular officers. 4. California Penal Code Section 834c requires every peace officer upon arrest and booking or detention for more than two hours of a known or suspected foreign national to advise the individual of his or her right to contact an official from the consulate of the individual's country. If the individual asks to exercise that right, the arresting agency shall make the appropriate notification to the foreign national's consulate. Some countries, listed in section 834c(d), require mandatory notification when a citizen of the country is arrested regardless of any request by the foreign national. Notification to the foreign national must be made without delay, 391 of 416 POLICE DEPARTMENT OPERATING PROCEDURE UNDOCUMENTED PERSONS & FOREIGN NATIONALS NO. 053 PATROL PAGE 8 OF S Guidance and assistance regarding Diplomatic and Consular Immunity may also be obtained from the international Liaison Unit of the San Diego Sheriff's Deparnnent, by calling: (619) 531-4045. ADOLFO tONZALES, Ed.D CHIEF OF POLICE REVISIONS: 12/13/20 (NEW) 12122/97 02/06/2004 05/05/2004-Pg3,II, 4&5 05/12/2004 - PG 1, 2, 3, 4, 5, 8 02128/2006 - ENTIRE PROCEDURE 03121/07 - ENTIRE PROCEDURE 392 of 416 CC/CDC-HA Agenda 1/17/2017 — Page 393 The following page(s) contain the backup material for Agenda Item: Resolution of the Community Development Commission -Housing Authority of the City of National City authorizing the Executive Director to execute an agreement with NHA Advisors, LLC for municipal advisory services for the period January 17, 2017 through Dec 393 of 416 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 Executive Director 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 DEPARTMENT: usirjg & Economic Dev. PHONE: 619-336-4265 APPROVED �----N EXPLANATION: See attached staff report. FINANCIAL STATEMENT: APPROVED: `-7 - Finance ACCOUNT NO. APPROVED: MIS See attached staff report. Expenses may be paid from various accounts. 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 Executive Director 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 I394of416I + 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 Executive Director 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. 395 of 416 Page 2 Resolution of the Community Development Commission — Housing Authority of the City of National City authorizing the Executive Director 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. 396 of 416 RECOMMENDATION Staff recommends the Housing Authority authorize the Executive Director 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 397of416 AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION — 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. 398 of 416 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 2016 Agreement 399 of 416 Housing Authority and NHA Advisors, LLC 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 400 of 416 Housing Authority and NHA Advisors, LLC 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 401 of 416 Housing Authority and NHA Advisors, LLC 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. 2016 Agreement 402 of 416 Housing Authority and NHA Advisors, LLC 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 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. I. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the HOUSING AUTHORITY. 2016 Agreement 403 of 416 Housing Authority and NHA Advisors, LLC 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 2016 Agreement 404 of 416 Housing Authority and NHA Advisors, LLC 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. 2016 Agreement 405 of 416 Housing Authority and NHA Advisors, LLC 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. 2016 Agreement 406 of 416 Housing Authority and NHA Advisors, LLC 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) d 0 reviewed party each party andsuch party's counsel and advisors have this Agreement, (v) each r =�, 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. COMMUNITY DEVELOPMENT NHA ADVISORS, LLC COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY By: Leslie Deese, Executive Director (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 2016 Agreement 10 407 of 416 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. 408 of 416 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 $275 Vice President $225 Associate $175 Analyst $125 Administrative $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 Fee Range Tax and Revenue Anticipation Notes $17,500 - $22,500 Certificates of Participation $42,500 - $67,500 Tax Allocation Bonds $47,500 - $92,500 Revenue Bonds $47,500 - $72,500 Assessment Districts $32,500 - $72,500 Community Facilities Districts $37,500 - $72,500 409 of 416 RESOLUTION NO. 2017 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION —HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY AUTHORIZING THE EXECUTIVE DIRECTOR 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 WHEREAS, 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 Successor Agency, and the Housing Authority, issued a request for proposals ("RfP") for municipal advisory services on September 15, 2016; and WHEREAS, four (4) responses to the Requests for Proposals were received and reviewed, taking into consideration, among other things, relevant experience with California municipal governments, commitment of key members of the firm to the Successor Agency, demonstrated knowledge of the work/services required, approach to municipal advisory services and, cost of services; and WHEREAS, after reviewing and considering each proposal, and interviewing representatives of each of the firms, it was determined that NHA Advisors, LLC, would best meet the municipal advisory services needs of the Housing Authority; and WHEREAS, NHA Advisors, LLC, ("NHA") is an independently -owned municipal advisor/Independent Registered Municipal Advisor organized as a California limited liability company that 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; and WHEREAS, NHA is qualified by experience and ability to perform the services desired by the City, Successor Agency, and the Housing Authority, and NHA is willing to perform such services for the period January 17, 2017 through December 31, 2019, with two additional one-year options; and WHEREAS, this Agreement will require the approval of the Oversight Board to the Successor Agency and the California Department of Finance prior to being effective. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission -Housing Authority of the City of National City hereby approves the selection of NHA Advisors, LLC, and authorizes 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. Said Agreement is on file in the office of the City Clerk. [Signature Page to Follow] 410 of 416 CDC -HA Resolution No. 2016 — Page Two PASSED and ADOPTED this 17' day of January, 2017. ATTEST: Leslie Deese, Secretary APPROVED AS TO FORM: George H. Eiser, III Interim General Counsel Ron Morrison, Chairman 411 of 416 CC/CDC-HA Agenda 1/17/2017 — Page 412 The following page(s) contain the backup material for Agenda Item: Home Fire Prevention Campaign. (Fire) 412 of 416 Item # 01/17/17 Home Fire Prevention Campaign (Fire) 413 of 416 CC/CDC-HA Agenda 1/17/2017 — Page 414 The following page(s) contain the backup material for Agenda Item: Discussion and clarity of concerns in relation to the National City Chamber of Commerce. (Councilmember Rios) 414 of 416 11123(2016 The Star -News l Mayor wants private chat with chamber The Star -News Mayor wants private chat with chamber Fri, Nov 18 2016 12:00 PM Posted By: Robert Moreno In an effort to ease tensions and solidify its reiationship between the two entities, National City Mayor Ron Morrison requested in an email to meet with the National City Chamber of Commerce's board of directors. Morrison sent a Nov. 7 email addressed to the chamber's 23-member board of directors about him needing to get involved with the chamber after a slew of political activities by the Chamber of Commerce that Morrison feels could damage the city's relationship with outside organizations. During an interview, the mayor declined to state the purpose of why he wanted to hold such a meeting or say what he wished to accomplish because he wanted to keep the dialogue strictly between him and the chamber and not take it to the media. "I specifically told [the chamber] that I was going to be doing this [meeting] just between them and me, not including the press in on it or bring in other people to deal with this," he said. Morrison said he would be available to discuss the content of the meeting after he officially meets with the chamber's board. Morrison and Chamber of Commerce Chairman Brian Clapper have yet to schedule a date to meet. "The mayor requested to meet and all I can say is we look forward to meeting with the mayor and working together with the city and continuing our relationship with working on projects," said Clapper. "We just want to continue our good working relationship with the city and I'm looking forward to a good 2017." Although Morrison declined to comment for the reason of the meeting, his email provides some clarity. "I have been a strong supporter of the National City Chamber for many decades and have tried to always be actively supportive while not becoming involved in its internal business," the email states. "I am writing to express my concern regarding negative matters that are again circulating in our city through the region via print, word of mouth and social media." Morrison said in an interview that the negative matters he was referring to was partly, but not entirely, about allegations made by a storeowner against Councilman Jerry Cano, who she alleges solicited campaign contributions for his reelection to he council in exchange for his help in obtaining I. T storeowner, Susana of C an alcohol license, The Maze, is a member- of the Chamber Commerce. Morrison endorsed Cano over five other candidates, The email further states: "It is now very troubling how 'allegations' that are politically centered are being made at election time and more and more it seems to be pointing back to the chamber and a staff member." Again, Morrison said, these allegations are about the Cano situation, and did not mention whom the staff member is that he is referring to, but when asked if the staff member was executive director Jacqueline Reynoso, Morrison said: "I think most people would be pointing in that direction." Reynoso did not return a phone call seeking comment. http:llwww.thestarnews.comlpri ntabtelm ayor-wants-private-chat-with-ch 415 of 416 112 11123I2016 The Star -News I Mayor wants private chat with chamber In the email Morrison adds that the chamber's political activity causes a bad image for the city, prompting him to step in. "I am now hearing from organizations within our region that the level of artificial drama is getting to the point to where they are going to have to re-evaluate their relationships here," he wrote. 'That tells me that it's time for me as the Mayor of the City to get involved. I would respectfully request a meeting between myself and just the Board Members of the Board of the Chamber to see if together we as policy makers can address the problem and find resolution.;' Clapper said he is not aware of any tension between the chamber and the city. He said the chamber is just in a transitional period with new board members. Councilwoman Alejandra Sotelo Solis said city officials are overstepping their boundaries if they become involved with a nonprofit organization like the Chamber of Commerce. "As a council we create and adopt policy to make National City a better place to live," she said. "Setting policy for nonprofits regarding their internal matters including how they run their boards, agendas or oversee their staff is for the nonprofit organization to do. There are accountability measures in place for both organizations to accomplish their diverse goals for the city and it's important to not create confusion around these two distract roles." © 2009 The Star -News httpJlwww.thestarnews.00mlpri ntable/mayor-wants-private-chat-with-ch 416 of 416 212