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HomeMy WebLinkAbout03-21-17 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, MARCH 21, 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 488 CC/CDC-HA Agenda 3/21/2017 — 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 488 CC/CDC-HA Agenda 3/21/2017 — Page 3 OPEN TO THE PUBLIC A. CITY COUNCIL CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG PUBLIC COMMENTS (THREE -MINUTE TIME LIMIT) PROCLAMATIONS AWARDS AND RECOGNITIONS 1. Introduction of new employee - Christopher Garcia, Supervising Custodian. (Engineering/Public Works ) 2. Employee of the Quarter 2017 - Joseph Olson, Code Conformance Officer. (Neighborhood Services) PRESENTATIONS 3. San Diego County Water Authority - Issues Update. (Maureen Stapleton, General Manager) 4. The Former H&M Goodies Family Auction House Temporary Art Installation located at 130 E. 8th Street. (Housing & Economic Development) 5. Update on the Downtown Specific Plan, Parking Management Plan, and Request for Proposals (RFP) for downtown properties. (City Manager) INTERVIEWS / APPOINTMENTS 6. Interviews and Appointments: Planning Commission, Traffic Safety Committee, Community and Police Relations Commission. (City Clerk) CONSENT CALENDAR 7. 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 of 488 CC/CDC-HA Agenda 3/21/2017 — Page 4 8. Approval of the Minutes of the Regular Meetings of the City Council and Community Development Commission - Housing Authority of the City of National City of December 20, 2016 and March 7, 2017 and Adjourned Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City of April 26, 2016. (City Clerk) 9. Resolution of the City Council of the City of National City authorizing the Mayor to execute a two year agreement between the City of National City and Claims Management Associates, Inc. (CMA) for Liability Risk Management, Claims Adjusting and Investigation services in an amount not to exceed $150,000 with the ability to extend the agreement up to an additional three years under the City Manager's authority. (Human Resources) 10. Resolution of the City Council of the City of National City, 1) awarding a contract to Ace Electric, Inc. in the not -to -exceed amount of $712,569 for the El Toyon and Las Palmas Park Lighting Improvements Project, CIP No. 17-01; 2) authorizing a 15% contingency in the amount of $106,885.35 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. (Engineering/Public Works) 11. Warrant Register #30 for the period of 01/18/17 through 01/24/17 in the amount of $1,490,721.64. (Finance) 12. Warrant Register #31 for the period of 01/25/17 through 01 /31 /17 in the amount of $1,463,890.92. (Finance) PUBLIC HEARINGS 13. Public Hearing - Appeal of a Planning Commission Denial of a Conditional Use Permit for a Wholesale Used Auto Sales Business with Accessory Auto Repair, Detail, and Outdoor Storage at 2000 Roosevelt Avenue (Case File No.: 2016-10 CUP) (Planning) 14. Public Hearing No. 1 of 2 for the U.S Department of Housing and Urban Development (HUD) 2017-2018 Annual Action Plan and the allocation of 2017-2018 HUD entitlement grant funds, program income, unallocated funds, and funds remaining from completed projects to Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program activities proposed for 2017-2018 Annual Action Plan. (Housing & Economic Development Department) ORDINANCES FOR INTRODUCTION 15. An Ordinance of the City Council of the City of National City amending Title 11 of the National City Municipal Code by amending Chapter 11.70 4 of 488 CC/CDC-HA Agenda 3/21/2017 — Page 5 regulating taxicab and other for -hire vehicles through adoption of San Diego Metropolitan Transit System (MTS) codified Ordinance No. 11. (City Attorney) ORDINANCES FOR ADOPTION NON CONSENT RESOLUTIONS 16. Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement with San Diego Metropolitan Transit System (MTS) to license and regulate for -hire vehicles operating in the City of National City at no cost to the City. (Finance) 17. Resolution of the City Council of the City of National City approving a Side Letter Agreement to Article 26 (Company -Level Staffing) of the Memorandum of Understanding (MOU) between the City and the National City Firefighters' Association. (Human Resources) 18. Resolution of the City Council of the City of National City authorizing the establishment of an appropriation in the amount of $318,751 from General Fund - Fund Balance, toward the development and issuance of all necessary bid documents including but not limited to site preparation and a 12 month lease of a mobile home trailer; and authorizing the appropriation of Development Impact Fees for the Police Department in the amount of $45,000 to offset the costs of the covered parking structure as part of the Squad Pilot Program at El Toyon Park for a total cost of $363,751. (Fire) 19. Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement with Willdan Financial Services to conduct a Comprehensive User Fee Study, Full Cost Allocation Plan, and Internal Service Fund Allocation Study for the period of March 21, 2017 through March 20, 2018 with one additional one-year option with a not -to - exceed amount of $44,145. (Fire) 20. Resolution of the City Council of the City of National City authorizing the City Manager to negotiate and execute a Proposition 1 Storm Water Grant Program (SWGP) Agreement No. D1612675 between the State Water Resources Control Board and the City of National City for the Sweetwater River Park Bioretention Project in the amount of $1,344,425 and authorizing establishment of corresponding revenue and expenditure accounts. (Engineering/Public Works) 21. Resolution of the City Council of the City of National City authorizing the City Manager to execute a second amendment to the agreement by and between the City of National City and Tierra West Advisors, Inc. to provide services to implement the amortization of nonconforming uses in the 5 of 488 CC/CDC-HA Agenda 3/21/2017 — Page 6 Westside Specific Plan and increasing by $7,500 the total not to exceed amount to $57,500. (Planning) 22. Resolution of the City Council of the City of National City adopting the 2017-2022 Strategic Plan. (City Manager) 23. Resolution of the City Council of the City of National City amending City Council Policy 105 clarifying the manner in which Councilmember initiated items are agendized. (City Manager) 24. Resolution of the City Council of the City of National City authorizing the appropriation of $34,170, from the General Fund Fund Balance to the Community Services Contract Services account, to support National City Aquatic Center summer programs offered by Community Rowing of San Diego, Southwestern Community College Districts Crown Cove Aquatic Center, Ocean Connectors, and the South Bay Family YMCA during June and July 2017. (Community Services) 25. Resolution of the City Council of the City of National City authorizing the Mayor to concurrently execute a Partial Assumption of Obligations Under Site Infrastructure Agreement between the City of National City and Paradise Creek Housing Partners, L.P., and a First Amendment to Site Infrastructure Agreement between the City of National City and Paradise Creek II Housing Partners, L.P., allowing the Phase I Developer to assume part of the obligation to pay the City to perform required remediation and improvement work needed on the public park component of the Westside Transit -Oriented Affordable Housing and Paradise Creek Enhancement Project. (Housing & Economic Development) NEW BUSINESS 26. Notice of Decision — Planning Commission approval of a Planned Development Permit and Coastal Development Permit for gas station, convenience store, and automatic car wash to be located at 3200 National City Blvd. in the Coastal Zone. (Applicant: Bryan Underwood, Caster Properties, Inc.) (Case File 2016-16 PD, CDP, IS) (Planning) 27. Notice of Decision — Planning Commission approval of a Conditional Use Permit for alcohol sales at a proposed restaurant to be located at 1302 National City Blvd. (Applicant: Dajani Hospitality, Inc.) (Case File 2016-32 CUP) (Planning) 28. Temporary Use Permit — The 9th Annual Campagnolo GranFondo San Diego sponsored by GranFondo Cycling Tours on April 9, 2017 from 7:15 a.m. to 5 p.m. with no waiver of fees. (Neighborhood Services) 6 of 488 CC/CDC-HA Agenda 3/21/2017 — Page 7 29. Temporary Use Permit - Community Easter Egg Hunt sponsored by Cornerstone Church of San Diego at Las Palmas Park on April 15, 2017 from 9 a.m. to 12 p.m. with no waiver of fees. (Neighborhood Services) 30. Temporary Use Permit — Every Fifteen Minutes' hosted by the National City Police Department at Sweetwater High School from May 15, 2017 to May 16, 2017. (Neighborhood Services) 31. Seeking City Council direction to initiate a traffic study and public outreach to consider converting Granger Avenue between E. 24th Street and E. 20th Street into a one-way street northbound to alleviate traffic congestion during school peak hours and increase parking capacity near Granger Jr High School. (Engineering/Public Works) 32. Continued discussion on establishing a policy for selection of the Vice - Mayor. (City Manager) B. COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY PUBLIC HEARINGS- HOUSING AUTHORITY CONSENT RESOLUTIONS- HOUSING AUTHORITY NON CONSENT RESOLUTIONS- HOUSING AUTHORITY NEW BUSINESS- HOUSING AUTHORITY C. REPORTS STAFF REPORTS MAYOR AND CITY COUNCIL CLOSED SESSION REPORT ADJOURNMENT Regular Meeting of the National City City Council/Community Development Commission - Housing Authority of the City of National City - Tuesday - April 4, 2017 - 6:00 p.m. - Council Chambers - National City, California BUDGET SCHEDULE - FISCAL YEAR 2018 Budget Workshop - April 25, 2017 - 4:00 p.m. Budget Hearing - June 6, 2017 - 6:00 p.m. 7 of 488 CC/CDC-HA Agenda 3/21/2017 — Page 8 CITY COUNCIL SUMMER LEGISLATIVE RECESS July 4, 2017 - City Council Meeting - Suspended July 18, 2017 - City Council Meeting - Suspended 8 of 488 CC/CDC-HA Agenda 3/21/2017 — Page 9 The following page(s) contain the backup material for Agenda Item: Introduction of new employee - Christopher Garcia, Supervising Custodian. (Engineering/Public Works ) 9 of 488 ITEM NO. 3/21/17 INTRODUCTION OF NEW EMPLOYEE Christopher Garcia, Supervising Custodian (Engineering/Public Works) 10 of 488 CC/CDC-HA Agenda 3/21 /2017 — Page 11 The following page(s) contain the backup material for Agenda Item: Employee of the Quarter 2017 - Joseph Olson, Code Conformance Officer. (Neighborhood Services) 11 of 488 5• CITY OF NATIONAL CITY MEMORANDUM DATE: March 7, 2017 TO: Leslie Deese, C. ger FROM: Stacey Steven eputy City Manager SUBJECT: EMPLOYEE HE QUARTER PROGRAM The Employee Recognition Program communicates the City's appreciation for outstanding performance. In doing so, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the workplace and community. The employee to be recognized for the First Quarter of calendar year 2017 is: Joseph Olson — Code Conformance Officer By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, March 21, 2017 to be recognized for his achievement and service. Attachment cc: Joe Olson Armando Vergara — Director of Neighborhood Services Josie Flores -Clark — Executive Assistant IV Human Resources — Office File 12 of 488 N&TJONA ataav imeoszogimso Performance Recognition Award Nomination Form RECEWED FEB 2.8 201? CJTY OP NATIONAL 7Y HUMAN RESOURCES DEPARTMENT I nominate Joe Olson for the Performance Recognition Award for the following reasons: Please state the reason why your nominee should receive an award, (Le., examples of service beyond requirements of position, exemplary service to the public, outstanding job performance, etc.) Do no exceed 150 total words. Please be as specific as possible when giving your examples. it is with great pleasure that 1 write this nomination of Jae Olson for the Performance Recognition Award. Joe first joined the City working as a contract employee in the Building & Safety Department in 2005 and from the beginning has demonstrated great ambition to learn and embrace all things related to municipal work. In 2006, Joe Olson was hired on as administrative staff and shortly after became a Code Conformance Officer with responsibilities and duties to include inspections of residential, commercial and industrial buildings to ensure compliance with zoning, nuisance, land use and housing provisions of the municipal code. Joe is a very outgoing, dependable, ambitious and hardworking young man. He shows concern and enjoyment of others with great interest, curiosity and conscientiousness. Jae has a great interest in learning new things and is always willing to share with others unselfishly. I have had the opportunity to work with and observe Joe in a variety of situations and job responsibilities. Over the past ten years, Joe has always taken any task willingly and has carried out responsibly, carefully, cheerfully and with great efficiency. He initiates projects when he sees there is a need with little or no direction and supervision. in addition to the above, Joe has recently taken on the duties of providing the lead code conformance outreach related to the "Together We Can" campaign and has played a vital role in the initial stages of the implementation of this new community beautification program. Joe currently Is a certified state member of the California Association of Code Enforcement Officers (CACEO) and a member of the San Diego Code Enforcement Officers (SANCEO). Joe is currently 13 of 488 working with SANCEO to bring in more training and networking with other agencies in the Southern Code Region. Joe continues to be very proactive member in the enforcement field and has been very successful in working with the closure of illegal marijuana dispensaries and with both legal police operations to assist in the removal public nuisances and blight to improve the health, safety and welfare of this community. t could not be more proud of Joe and look forward to much more accomplishments in the future. FORWARD COMPLETED NOMINATION TO: National City Performance Recognition Program Human Resources Department Nominated By: ando Ver: era Director of Nei : hborhood Services Signature: Date: 02/28/2017 14 of 488 CC/CDC-HA Agenda 3/21/2017 — Page 15 The following page(s) contain the backup material for Agenda Item: San Diego County Water Authority - Issues Update. (Maureen Stapleton, General Manager) 15 of 488 Item # 03/21/17 SAN DIEGO COUNTY WATER AUTHORITY — ISSUES UPDATE (Maureen Stapleton, General Manager) 16 of 488 CC/CDC-HA Agenda 3/21/2017 — Page 17 The following page(s) contain the backup material for Agenda Item: The Former H&M Goodies Family Auction House Temporary Art Installation located at 130 E. 8th Street. (Housing & Economic Development) 17 of 488 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: 1March 21, 2017 AGENDA ITEM NO. ITEM TITLE: The Former N&M Goodies Family Auction House Temporary Art Installation located at 130 E 8(h Street. PREPARED BY: (Megan Gamwell, Economic Development Specialist PHONE: 619-336-4391i EXPLANATION See Attachment 1 and 2. DEPARTMENT: APPROVED B Housing & Economic FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS While no city funds will be used, we are using "In -kind" services by Neighborhood Services for surface preparation. Funding is being provided by the National City Tourism Marketing District for the art installation ENVIRONMENTAL REVIEW: nla ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: nfa BOARD / COMMISSION RECOMMENDATION: In/a ATTACHMENTS: 1. Background Report 2. Former H&M Goodies Building Proposal 18 of 488 Attachment 1 Downtown National City Blight Mitigation through Temporary Art Installation The vision for 8th Street as outlined in the City's Downtown Specific Plan is to create a well-defined downtown core with a walkable retail environment and mixed -use multifamily residential development. As the City continues to meet its goals under the Downtown Specific Plan, City assets can be used as a tool to attract further development. The City has an opportunity to create a catalyst for development by using an art installation at the former H&M Goodies Family Auction House located at 130 E 8th Street as leverage for change on 8th Street by further eliminating blight, revitalizing the neighborhood and complimenting the City's recent infrastructure enhancements. The former H&M Goodies site has been a topic of discussion among City departments, neighboring residents and businesses on how best to manage the City -owned site while the site awaits further development. The staff of Neighborhood Services and other City departments received many calls regarding homelessness, dumping, vagrancy and graffiti for the site. In the summer of 2016, the City installed fencing and tarps to mitigate homeless encampments, but the building remained an eyesore in the community. Given the City's investment in infrastructure and the City's Downtown Specific Plan vision for the area, the 8th Street corridor became a key priority for the City's Economic Development program. In developing next steps for the 8th Street corridor, businesses were surveyed and staff soon realized it would be difficult to work with the business community to improve the area without first leading by example and taking care of the former H&M Goodies property. In recognizing the potential of this site, staff reached out to local art organizations including A Reason to Survive (ARTS) for input and potential partnerships. At the time, ARTS was unable to take on the project given other commitments. ARTS was already working with the National City Tourism Marketing District to promote tourism through art in National City. They had selected the former Bay Theater as their desired site but due to the City's signage ordinance the mural could not be permitted. Section 18.47.110 of the City Ordinance states that "Murals or mural -type signs, including those described as artistic murals, shall be treated as any other sign subject to signage area requirements." ARTS then came back to the City, equipped with the necessary resources and proposed to follow up on staff's idea to improve the facade of the former H&M Goodies site. Since the fall of 2016, the City has prioritized the former H&M Goodies site for new development and released a Request for Proposal (RFP) for its development in March 2017 in addition to other City assets in the Downtown Specific Plan Area. Understanding that the building will be a site for future development and that the building must remain vacant, ARTS proposed a creative solution. More than 40% of the art would be created on panels that could be easily installed, easily removed and relocated to other sites throughout the City. "Traveling" public art installations have been used in many core urban areas such as New York City, San Francisco and Los Angeles as a way to fulfill a functional need at a specific site within a public space. It is an effective method of beautification and to promote neighborhood renewal. 19 of 488 Attachment 1 The attached concept for the former H&M Goodies was approved by the Public Art Committee in February 2017. The temporary installation will work in conjunction with City efforts to beautify 8th Street as part of a first wave of an economic development strategy, also known as "Phase Zero" that is used to attract tourism, retailers, and future development. The panels will feature bright vibrant colors, historic themes and patterns that will inspire the neighborhood. ARTS, in their Creating Vibrant Neighborhoods Initiative Work Plan, has spoken to the importance of incorporating community involvement and art with economic development to bring about better outcomes and more sustainable growth. City funds are not being used on the project and the cost incurred in coordination of the project by the City, outside of applying a base coat of paint to the building's surface, are minimal. The 10 hours of estimated City staff time and paint supplies used in applying a base coat to the building will prevent the ongoing maintenance costs to the City due to graffiti and blight. Research suggests that painting multi -colored designs or murals on surfaces will discourage graffiti, since tagging is more difficult. Such mural projects, especially when they involve local artists and high school students, have solved many graffiti problems. ARTS will be working with youth from around the area to assist in the art making process. Funding for the project is being provided by the National City Tourism Marketing District and the volunteers are being coordinated by ARTS. 20 of 488 Attachment 2 H&M Goodies Building Proposal A Reason To Survive (ARTS) and National City Tourism Marketing District A Reason To Survive (ARTS), in collaboration with the City of National City and the National City Chamber of Commerce, will transform the H&M Goodies Auction house building into a vibrant Art Piece. The project will bring together the National City community to transform a dilapidated city - owned building into a vibrant Art Piece. The building proposed for this project is the H&M Goodies Family Auction House; located at 130 E 8th St, National City, CA 91950, in downtown National City. This building has been unoccupied since 2015. We propose to make over the blighted building by creating large scale murals on all the facades of the Auction House. Professional Artists and youth will create large scale art pieces on panels that can be easily installed and removed from the building. Once the panels are installed, artists and community volunteers will finish painting the whole building facades to create a vibrant focal point. This artwork is intended to represent the identity of its location, and become easily identifiable and to promote the city as a destination. 21 of 488 Attachment 2 200 E i 2'^ Street National Ciiy, CA 91950 Phone: 619.297.2787 Neb: www.areasontosurvive.org A Reason to Survive - ARTS Changing the irre tra;ectary at youm tnrough the arts and creativity H&M Goodies Family Auction House front Facade H&M Goodies Family Auction House PROPOSED front Facade 22 of 488 Attachment 2 A Reason to Survive - ARTS Changing the life trajectory of youth through the arts and creativity H&M Goodies Family Auction House East Facade 200 E 121h Street National City, CA 91950 Phone: 619.297.2787 Web www.areasontosurvive.org H&M Goodies Family Auction House PROPOSED East Facade 23 of 488 Attachment 2 A Reason to Survive - ARTS Changing the life trajectory of youth through the arts and creativity H&M Goodies Family Auction House back Facade 200 E 12," Street National City, CA 41450 Phone: 619.297.2787 Web: www.areasontosurvive.org H&M Goodies Family Auction House PROPOSED back Facade 24 of 488 CC/CDC-HA Agenda 3/21/2017 — Page 25 The following page(s) contain the backup material for Agenda Item: Update on the Downtown Specific Plan, Parking Management Plan, and Request for Proposals (RFP) for downtown properties. (City Manager) 25 of 488 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 21, 2017 AGENDA ITEM NO. , ITEM TITLE: Update on the Downtown Specific Plan, Parking Management Plan, and Request for Proposals (RFP) for downtown properties. PREPARED BY: Brad Rau!ston, Deputy City Manager PHONE: 619-336-4256 DEPARTMENT: erAy Manager's Office APPROVED BY. EXPLANATft)N:��- Based on direction from the City Council, City staff and the consultant team are moving forward on the update of land use and parking documents for the Downtown Specific Plan area. Staff will present an update and discuss community outreach that is currently underway. Staff will also update the City Council on the RFP process occurring for the two downtown properties formerly owned by the redevelopment agency (CDC -RDA). The two properties are the H&M Auction Site and properties between the Trophy Lounge and Chamber/Visitor Center. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS tThere is no fiscal impact associated with this item. ENVIRONMENTAL REVIEW: This activity is not a project as detineci in Section 15378 of the California Code of Regulations; therefore, no further action is required under the California Environmental Quality Act. ORDINANCE: INTRODUCTION: I I ` FINAL ADOPTION: STAFF RECOMMENDATION: None. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 26 of 488 CC/CDC-HA Agenda 3/21/2017 — Page 27 The following page(s) contain the backup material for Agenda Item: Interviews and Appointments: Planning Commission, Traffic Safety Committee, Community and Police Relations Commission. (City Clerk) 27 of 488 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 21, 2017 AGENDA ITEM NO. ITEM TITLE: Interviews and Appointments: Planning Commission, Traffic Safety Committee, Community and Police Relations Commission. (City Clerk) PREPARED BY: Michael R. Dalla DEPARTMENT: City Jerk PHONE: 619-336-4226 APPROVED BY: di,/ EXPLANATION: See attached Staff Report. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance STAFF RECOMMENDATION: Take further action as desired to fill the vacancies. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Staff Report 2. Applications 28 of 488 BOARDS & COMMISSIONS — CURRENT VACANCIES AND EXPIRED TERMS March 21, 2017 PLANNING COMMISSION (Appointing Authority: City Council) There are two terms expiring on the Planning Commission (Dolores Flores and Roberto Garcia) and one vacancy. Both Incumbents desire to be re -appointed. Dolores Flores will need a 4/5 vote for re -appointment. There are four new applicants. All have been interviewed. Appointment to the vacancy cannot be made until the April 4th Council Meeting. Name Interviewed Dolores Flores Incumbent Roberto Garcia Incumbent Gilbert Garcia Yes Lance Mirkin Yes Coyote Moon Yes Gonzalo Quintero Yes (currently on Traffic Safety) COMMUNITY AND POLICE RELATIONS COMMISSION (Appointing Authority: Mayor subject to confirmation by City Council) There are two expiring terms (Victor Barajas and Julio Munoz) and two vacancies. Both incumbents wish to be re -appointed. There are five new applicants. All have been interviewed. Name Interviewed Victor Barajas Incumbent Julio Munoz Incumbent Gilbert Garcia Yes Victor Gonzalez Yes Lance Mirkin Yes Coyote Moon Yes Candy Morales Yes TRAFFIC SAFETY COMMITTEE (Appointing Authority: Mayor subject to confirmation by City Council) There is one vacancy on the Traffic Safety Committee. The vacancy is being advertised. There are three applicants. All have been interviewed. Name Interviewed Gilbert Garcia Yes Lance Mirkin Yes Coyote Moon Yes 29 of 488 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES _ Civil Service Commission 1, Planning Commission Community & Police Relations Commission' (CPRC) Public Art Committee* Library Board of Trustees Ni Traffic Safety Committee Parks, Recreation & Senior Citizens Advisory Board Port Commission Note: dppikonm most be residents of the City of National City except for those marked by an * Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: GI 1 D of 1 o \ c--a.Ct el Home Address: t4 A 0 Skk y I I,3'4e Tel. No.: 6, t9- 9 6 - S /6-0 &-) rots- vl>- 12449 C.H) Business Affiliation: � -r•IL Title: ;, Business Address: \A o- Tel. No.: `--� Length of Residence in National City: CcI Rs San Diego County: C,c . ' Califomia: tact Educational Background: rf t9 D SU (4T S o M %deitctelkl �iy (1 V, IC i 1 `' - ► 4-� = r2��,� ��;0 4 • s Occupational ExpTTce: Cee i;{ (At Professional or Technical Organization Memberships: :r\, -\ea\ir,b s Civic or Community Experience, Membership, or Previous Public Service Appointments: Experience or Special Knowledge Pertaining to Area of Interest Have you ever been convicted of a felony crime? No:�C Yes: misdemeanor crime? No : Yes: if any convictions ware 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: \ 1 1 (\ ) 14 Signature: l�. Lr&e'A Please feel free to provide additional information or letters of endorsement. Please return completed form to: Offlce of the City Clerk 1243 National City Blvd, National City, CA 91950 Thank you for your interest in serving the City of National City. * Residency requirements may not apply Office of tr►a City petit CftY of National City This documents is filed as a public document t: Maw, 2012 RECEIVED NOV 17 2016 30 of 488 Supplemental Application: National City Community and Police Relations Cornmission 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 en 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 31 of 488 Business Affiliation: CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Civil Service Commission Community & Police Relations Commission* (CPRC) Planning Commission Public Art Committee* Library Board of Trustees Parks, Recreation & Senior Citizens Board Traffic Safety Committee Advisory Port 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 JIbaac/ckground check prior to appointment. Name: //�-c--/ GEz— Home Address: / S-9 7 i ST ��p ��` �� 193z fwd./ Tel. No.: .4/9 35'7" Q-S34 Title: Business Address: l VD r //1714y,,,4 j C •9/95tf Tel. No.: Length of Residence in National City: Can Diego _ California: Educational Background: l 1/4)eSiZu7._ Occupational Experience: Tit r E F_roGe. Leak-) Professional or Technical Organization Memberships: _ 01 t2eI- — /4E./N$£tit Civic or Community Experience, Membership, or Previous Public Service Appointments: tit L n Acw aFFr.-p Experience or Special Knowledge Pertaining to Area of Interest 44'4 e Leka ,i iJFit eE.4 eo rrrru".7 Have you ever been convicted of a felony crime? .2m If any convictions were expunged disclosure is notrequired. Convictio Convictionsarenot necessarily Yes:anor crime? disqualifying.y Please feel free to provide an explanation or information regarding yes answers to the above two questions. Date: Signature: Please feel free to provide additional information or letters of endorsement. Please return completed form to: Office of the City Clerk 1243 National City Blvd, National City,; CA 91950 Thank you for your interest in serving the City of National City. Residency requirements may not apply This documents is filed as a public document Revised: March 2012 32 of 488 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: Have you been convicted of a misdemeanor: No: If any convictions were expunged disclosure is not required. Y 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 33 of 488 tiletst, Appitoonte butstitieleddenb3th.cn of tistions.1 Cliyoteept tar these knatited by ate' **wood -ahis3k Klerk' SP OplidinOnt Ammon torthecammunny POSI RigiltiO01•03nto rstilaist mod lam ellrtfinai N.Wig Horne Atidit4V Ted, 1\10.1 liAlara.Laqa" SLAW* ntilliBort r 71 Businaea Addre.se: Tel, Nt3.: Edueettirail Oter55,gretintt ez- cototaloriAl ritxx ,Ad. pipit ,;..p Prtylessimil or Technical Or Length Of Roklenee in NatIonal My; Ben Diego County: 41_ Caltmile: Lopob ..r O MerflibismNPB: Civic 'or Comm nIty Expedemee, Iiiereberonlp, orPtevioys Public Service Appd- rturtac e01f.tkL1 pen Cg 9r6P00-11.101Oveledge Pertaining io Mai of fttonfat Holm yee ever bean convicted of e felony crime? No $YuL, hl1pdrriem0r erknet NoLgYie: If pny coviettorut Were expunged disolosurs it not reouirstf, °Miriam* efo not neweetily disqualriyirp. ' Pleekt fault** to Provide- tart explanation Of IrMn reg nfOatiOalging Y6v answatte iti,above two questions. et! tim, D -42f4/1)* 81 -woe ...- .NAV ...eutlrailit .0011M.IPT,P—Alroilopr•000;0114-0,111P- ais=9):Airdile Meese fool flee to Provide ••• n normition or Worts of en reemett Pleats rim Opmpleted tom to: Off* of the•City Clerk litS Nagano' Cittliivit,lietioixel Olin OA 81860 Tnenkyou for yourititetest in iservinaihe City of Natio% my, " l'tesidaders recitirarfaitito rigt aPPO 11# tbourrietitt Iliodas a 014 doeurdoOt itevlost Decooteratio 34 of 488 'SpprOntlinitai.ilktAkittcalt 1*Itipat egrtruilitV5tiii P'21190, **Weft* 4p70100.1zri The fsktilbnal Cltytornmtintly end POW .RetatIons CsdninliaalOn atirvels as sir indePettdint 'unbiased and knpartlet oftjoe that is readily Ovellable to *wining; Kis an Mankato/I for the improNtsnont of pate and-CommvnV ralatIons and the facliitatiOnOdraputteiNhanever, tt.pcovidea aintpm wait:ant to veloetr)elr conteltavootntrent about police conduct, pa and policies -End bnpantaa.consnunlotitton betsiaan tits find .the Natticnal dity Poljce copagont• tho Naflinai Oty Oommqttltylmd Iocircii.rialaticinaroonrilasloola empoWans4dhavaelite And nivlbvt complaints regioxfing.NidiOnalOtyPolice .4p8rtnlent PaSonnOttdraltegml alladonducti Rd JO tinittad aPProjtifilatflarigOalit #01100 PePait.n‘, eht-Paliclas$ prooadigs tekvio$ ft* Omar* aategtiardtno therthts 0par-tont iind.prtmoting Olfitier fitaficiardeof cOn1130110OA effiniatIOYOnd • Justoe In the provlatonot COMMUnity42.01king 8eMe416.' -Applicants Must bo.00mpletely forthtlaht0dtruthful.durtrig .the OpPleallee proetioi Apptioante may be iiiiigUalttied In tha baokprotirld000eaS .904 nxvit af dtskiniMY erldieri*tOselY collginq blermefion re9et*I9 Ana% Colitinaligstpry. Wen the comp k of this POromjaaton.and ftE duties, Ittsnaceasary tomtit it clitclnalbacI4Fot4d4aprc prtortkup toterdby Catyr4u6a11 anti7ar totitearig In as OorninlaskineG Upon co/Uttional apcblilttneyll the Human goantaiostlapartmenf wH Contact. YOU to schodula thit Ofirnihatbackgroodloosss when, lino if apprOptiate.-• It.la Important to 'note, that yOu 111( butthitapolication Completely iintinoneWto the besf of your 0111ties. r.giitire to 014010110YoUr PA** history may milt In-tflaqualifloation, .if a Convict* riga bean tiexptitted dleolcaure la riot tedared. :Have st.eVerbaenconvlatedof *Oily Otte: -No: "C Yew Ilave you bean oCiivtotediAVOladameanon:NO:?, Yes: tr soy onvictlOne were e4Unned415010001010 tatjuiredi Please feel free to provide an explanation or infornialion repirthng yes answers to the abovetVic question% Illere may be draullitanaes that catikt.diagtiank an apPlicanttonn the backga)Und proceaa Inwood the iisted.orirnes below, WI incident IslivolOto, 164,01115 of 14-.eirtunvittOq00 and *to sutnAinding dofitiffenOtOnd lie-00*ot relays:ince 011ie p�on Diacuallfylng ontettefor Communtty and pi** RelogisCornrritsolomor; " See attached tabie 1 35 of 488 CITY OF NATIONAL CITY APPLICATION )OR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES ✓�Ivll Service Commission Tanning Commission V Community & Police Relations Commission* (CPRC) vubiic Art Committee* j/. .lbrary Board of Trustees Traffic Safety Committee ► Parks, Recreation-& Senior Citizens Advisory Board Note: ,Applicants must be residents of the City of National City except for those marked by an * Applicants for the Community and Police Relations Commission must pass a criminal background check prior toappointment. Name: / o* �Mr) Home Address: Y 2 //44 St Tel. No.: ‘/9 -. W3 Business Affiliation: fi a Business Address: Title: Length of Residence in National City: San Diego County: % Educational Background: i. 4 ' 1 ifn/147410,1 , 9100_ j. Tel. No.: Yijifomia: Occupational Experience: 7Y:/;i//;i/i a tip V Professional or Technical Organization Memberships: Civic or Community Experience, Membership, or Previous Public Service Appointments: /7-1((°r" r c,e47 Experience or Special Knowledge Pertaining to Area of Interest: Have you ever been convicted of a felony crime? Nomisdemeanor crime? NoJ `!es: _ 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: /6 Signature: PI asc feel free to provide additional information or letters of endorsement. Please return completed form to: Office of the City Clerk 1243 National Clty Blvd, National Clty, CA 91960 Thank you for your interest in serving the City of National City. Residency requirements may not apply This documents is fiied'as a public document Revised: December2015 36 of 488 Supplemental Appljc@tion: 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 polities and improves communication between citizens and the National City Police Department - The Nations! 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:u Yes: _ Have you been convicted of a misdemeanor: No: 4 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 37 of 488 Educational Background: CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES _ Civil Service Commission Planning Commission .ommunity & Police Relations Commission* (CPRC) Public Art Committee* Library Board of Trustees Traffic Safoty Committee Parks, Recreation & Senior Citizens Advisory Board 'ihort Commission Note: Applicants must be residents of the City of National City except tor those marked by an * Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: Can Horne Address: Business Affiliation: Hors 1-es (..fYl ti I C l c%a (Q5OTel, No.: (OP-32135i 1-1-Arc 1CS Title:P 01-(J C [ C.e Mt - Business Address: 7��i7 h�l�5in�1 (' }� i,- CCU { Tel. No.: (014-7o 5449 Yl rAefp`7s'ti 71 Length of Residence in National City: 1.yt=-- San Diego County:FAay6California: s1l mo oC- SOc rnlor (1-ks Y‘� `i Occupational Experience: • 1 -21 it i.i bflAP Professional or Technical Organization Memberships:5E1U Wag 22.1. Member. Current IPA Eolainin8 Tetra -'or Ex' n od V r C.areE ) Civic or Community Experience, Membership, or Previous Public Service Appointments: Cam-'�a C •V C'Ja pertence or Special lKnowledge ertaining to Area o Intere Have you ever been convicted of a felony crime? No:N Yes:_ misdemeanor crime? No:es:_ 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: 112.1 ti 10 Signature Please feel free to provide additionainformation or letters of endorsement. Please return completed form to: Office of the City Clerk 1243 National City Blvd, National City, CA 91950 Thank you for your interest in serving the City of National City. * Residency requirements may not apply This documents is fled as a public document RECEIVED JAN 1 0 2017 Office of the City clerk Oty of National Oty Revised: March 2012 38 of 488 Sunialemental 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 ccmmunity relations and the facilitation of disputes whenever possible. !t 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 empowere-ci 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 till out this application completely and honestly to the best of your abilities. Failure to disclose your criminal history may result in disqualification. If a conviction has been expunged disclosure Is not required, Have you ever been convicted of a felony crime: No: Yes: Have you been convicted of a misdemeanor, No: Yes: If any convictions were expunged disclosure Is not required. Please feel free to provide an explanation or information regarding yes answers to the above two questions. There may be circumstances that could disqualify an applicant from the background process beyond the listed crimes below, Each incident 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 39 of 488 Candy P. Morales, MSW, ACSW EDUCATION 827 C Avenue, National City, CA 91950 (619) 322-3510 candym orales91950 @ginai Leon San Diego State University Master of Social Work; May 2012 Bachelor of Science in Criminal Justice, May 2009 EMPLOYMENT County of San Diego, Health and Human Services Agency (MBA) 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 1LS 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 Administrative 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 Polinsky 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). 40 of 488 Candy P. Morales, MSW, ACSW 827 C Avenue, National City, CA 91950 (619)322-3510 candymora1es91950@gmail.com Family Health Centers of San Diego (HICSD) — 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 takings 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 anmual 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 \3 February 2005 — September 2010 May 2009 — August 2010 June 2008 — August 2010 February 2008 — March 2008 August 2006 — August 2009 July 2006 — July 2009 41 of 488 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Community & Police Relations Commission* (CPRC) ) Civil Service Commission Library Board of Trustees Parks, Recreation & Senior Citizens AdvisoryBoard Planning Commission Veterans & Military Families Advisory Comttee* Public Art Committee* Traffic Safety Committee Note: Applicants must be residents of the City of National City except for those marked by an * Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name:6,,A/741,6-,4%-../114i N � E-Mail: 411/s C � c fri 6( / r ail Home Address: Tel. No.: � �� ' 67 r - 766 6l Business Affiliation: Business Address: Title: Tel. No.: Length of Residence in National City: -71,e San Diego County: 5 5 California: -3 S Educational Background: oc 46v C "I.'1I Co ! ti S it c A Occupational Experience: elf U t��c� �, `� _ L,(c� Professional or Technical Organization Memberships: Civic or Community Experience, Membership, or Previous Public Service Appointments: iq Experience or Special Knowledge Pertaining to Area of Interest: Ft SP5(1 Have you ever been convicted of a felony crime? i)kr Yes: misdemeanor crime? No: Yes:_ If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. Date: Signature: Please feel free to provide additional information or letters of endorsement. Please return completed form to: Office of the City Clerk 1243 National City Blvd, National City, CA 91950 Thank you for your interest in serving the City of National City. This documents is filed as a public document Revised: February 2017 ty 42 of 488 CC/CDC-HA Agenda 3/21/2017 — Page 43 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) 43 of 488 Item # 03/21/17 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) 44 of 488 CC/CDC-HA Agenda 3/21/2017 — Page 45 The following page(s) contain the backup material for Agenda Item: Approval of the Minutes of the Regular Meetings of the City Council and Community Development Commission - Housing Authority of the City of National City of December 20, 2016 and March 7, 2017 and Adjourned Regular Meeting of the City Council and Communit 45 of 488 Item # 03/21/17 APPROVAL OF THE MINUTES OF THE REGULAR MEETINGS OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF DECEMBER 20, 2016 AND MARCH 7, 2017 AND ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF APRIL 26, 2016. (City Clerk) 46 of 488 Book 98 / Page 224 12-20-2016 DRAFT DRAFT DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY December 20, 2016 The Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City was called to order at 6:06 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL Council / Board members present: Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Administrative Officials present: Dalla, Deese, Duong, Eiser, Hernandez, Muthusamy, Raulston, Roberts, Stevenson, Vergara, Williams, Ybarra. Others present: City Treasurer Mitch Beauchamp and Student Representative Jose Estrada. PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON BUSINESS RELATING TO GENERAL MUNICIPAL ELECTION NOVEMBER 8, 2016 ELECTION NOV 2016 ADMIN (505-25-1) 1. Resolution No. 2016-205. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2016, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW. (City Clerk) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. ELECTION NOV 2016 ADMIN (505-25-1) 2. SWEARING IN OF NEWLY ELECTED OFFICIALS - Jerry Cano - City Council, Alejandra Sotelo-Solis - City Council, Michael Dalla - City Clerk, Mitchel Beauchamp - City Treasurer Arturo Solis, Board President, Sweetwater Union High School District, administered the ceremonial Oath of Office to newly re-elected Council Member Alejandra Sotelo-Solis. State Senator Ben Hueso administered the ceremonial Oath of Office to newly re-elected Council Member Jerry Cano. 47 of 488 Book 98 / Page 225 12-20-2016 BUSINESS RELATING TO GENERAL MUNICIPAL ELECTION NOVEMBER 8, 2016 (cont.) ELECTION NOV 2016 ADMIN (505-25-1) 2. SWEARING IN OF NEWLY ELECTED OFFICIALS (continued). City Clerk Michael Dalla administered the ceremonial Oath of Office to newly re-elected City Treasurer Mitch Beauchamp. Maria Dalla, Board President, National School District Governing Board, administered the ceremonial Oath of Office to newly re-elected City Clerk Michael Dalla. INCOMING ELECTED OFFICIALS COMMENTS City Clerk Dalla said he has been blessed to have the opportunity to serve the people of National City for many years, that he considers it a great honor and a sacred trust that one takes very seriously and that he looked forward to continue to do the best he can to serve the people of National City. City Treasurer Mitch Beauchamp, highlighted his family's long heritage in the City going back to 1890 when his grandfather was born in the City and later served as a volunteer fire fighter and his uncle served as a police officer. Mr. Beauchamp praised the professional staff in the Finance Department and the careful handling of funds and reserves by the City Council and City Manager and said he looked forward to another four years of stability and progress in the City. Council Member Jerry Cano thanked everyone who voted for him and promised those that didn't that he would work more than hard to make them believe in him. Member Cano said we can all work together to beautify the City and especially thanked his wife, family and volunteers for all their help as well as State Senator Ben Hueso. Council Member Sotelo-Solis said she was especially proud to be sworn - in by her husband Arturo and to share the moment with her three daughters. As a third generation resident, she grew up on the West side, went to college and came back because she wanted to make a difference. She acknowledged her grandparents, parents and extended family who instilled in her strong values and promised in the next four years to continue to work to bring about sound policy, improve neighborhoods, create job friendly environment and promote engagement in the political process. 48 of 488 Book 98 / Page 226 12-20-2016 RECESS A recess was called at 6:26 p.m. The meeting reconvened at 6:51 p.m. ROLL CALL Council / Board members present: Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Administrative Officials present: Dalla, Deese, Duong, Eiser, Hernandez, Muthusamy, Raulston, Roberts, Stevenson, Vergara, Williams, Ybarra. PUBLIC COMMENTS Manuel Juarez, Chula Vista, urged the City to allow students to return to the Beacon Academy School site. Brandon Smith, San Diego, a teacher at Beacon Academy, expressed his desire to be allowed to return to the school site. Eunice Olacheea, San Diego, spoke in support of Beacon Academy. Dinorah Juarez, Chula Vista, a parent, spoke in support of Beacon Academy. Alma Van Nice, National City, Director of Beacon Classical Academy, submitted a petition and asked for the support and help of the City Council to be allowed to return to their facility. Zack Peterson, Lemon Grove, a parent, appealed for help on behalf of Beacon Academy. Tamara Peterson, Lemon Grove, spoke in support of Beacon Academy. PRESENTATIONS PERSONNEL RECOGNITION / APPRECIATION ADMIN (604-2-1) 3. Employee of the Quarter 2016 — Paul Kane, Fire Engineer INTERVIEWS / APPOINTMENTS VICE MAYOR APPOINTMENT ADMIN (101-20-1) 4. Selection of Vice Mayor. (City Attorney) ACTION: Motion by Morrison, seconded by Cano, to appointment Member Albert Mendivil as Vice Mayor. Substitute Motion by Sotelo-Solis, seconded by Rios, to appointment Member Mona Rios as Vice Mayor. TESTIMONY: Alma Sarmiento, National City, spoke in support of appointing Member Mona Rios. Jose Rodriguez, National City, spoke in support of appointing Member Mona Rios. 49 of 488 Book 98 / Page 227 12-20-2016 INTERVIEWS / APPOINTMENTS (cont.) VICE MAYOR APPOINTMENT ADMIN (101-20-1) 4. Selection of Vice Mayor (continued). TESTIMONY: David Garcia, representing SEIU 221, spoke in support of appointing Member Mona Rios. Michel Krug, San Diego, spoke in support of appointing Member Mona Rios. Lydia Loris, El Cajon, spoke in support of appointing Member Mona Rios. ACTION: Substitute motion, to appoint Member Mona Rios as Vice Mayor failed by the following vote, to -wit: Ayes: Rios, Sotelo-Solis. Nays: Cano, Mendivil, Morrison. Abstain: None. Absent: None. Original motion, to appoint Member Albert Mendivil as Vice Mayor carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison. Nays: Rios, Sotelo-Solis. Abstain: None. Absent: None. Staff was requested to place an item on the February 7th, 2017 agenda to discuss recommended criteria for the selection of the Vice Mayor. There was no vote. CITY COUNCIL CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 5 (NCMC), Item Nos. 6 and 7 (Resolution No. 2016-206 and 2016-207), Item No. 8 (Report). Motion by Sotelo- Solis, seconded by Cano, to approve the Consent Calendar. Carried by unanimous vote. MUNICIPAL CODE 2016 (506-2-31) 5. MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE WAIVING OF THE READING OF THE TEXT OF THE ORDINANCES CONSIDERED AT THIS MEETING AND PROVIDING THAT SUCH ORDINANCES SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING OF THE TITLE ONLY. (City Clerk) ACTION: Approved. See above. 50 of 488 Book 98 / Page 228 12-20-2016 CONSENT CALENDAR (cont.) CONTRACT (C2015-60) 6. Resolution No. 2016-206. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE SERVICE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND MEDIFIT COMMUNITY SERVICES LLC, DOING BUSINESS AS EXOS, EXERCISING THE OPTION TO EXTEND THE TERM BY 12 MONTHS ENDING ON JUNE 30, 2018 AND TO AMEND SECTIONS OF THE AGREEMENT TO REFLECT THE ACTUAL TERMS AND OPERATIONS. (Community Services) ACTION: Adopted. See above. CONTRACT (C2016-59) 7. Resolution No. 2016-207. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AWARDING A CONTRACT TO PALM ENGINEERING CONSTRUCTION COMPANY, INC. IN THE NOT -TO - EXCEED AMOUNT OF $983,756.49 FOR THE DIVISION STREET TRAFFIC CALMING PROJECT, CIP NO. 16-09; 2) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $147,563.47 FOR ANY UNFORESEEN CHANGES; AND 3) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT. (Engineering/Public Works) ACTION: Adopted. See above. FINANCIAL MANAGEMENT 2016-2017 (204-1-32) 8. Investment transactions for the month ended October 31, 2016. (Finance) ACTION: Filed. See above. ORDINANCES FOR INTRODUCTION MUNICIPAL CODE 2016 (506-2-31) 9. (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 THE RETIREE HEALTH CARE BENEFITS FOR THE MAYOR AND CITY COUNCIL. (City Attorney) ACTION: Motion by Cano, seconded by Mendivil, to recommend the Mayor's salary be increased to $65 000. Substitute motion by Sotelo-Solis, seconded by Rios, in favor of staff recommendation of a 10% increase for both the City Council and the Mayor. Substitute motion failed by the following vote, to -wit: Ayes: Rios, Sotelo-Solis. Nays: Cano, Mendivil, Morrison. Abstain: None. Absent: None. 51 of 488 Book 98 / Page 229 12-20-2016 ORDINANCES FOR INTRODUCTION (cont.) MUNICIPAL CODE 2016 (506-2-31) 9. (A) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING THE COMPENSATION OF THE MAYOR AND THE CITY COUNCIL (continued). ACTION: Original motion carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison. Nays: Rios, Sotelo-Solis. Abstain: None. Absent: None. Motion by Morrison, seconded by Cano, that we move ahead with the Ordinance (Part B) but change the language that the vesting go along with that of Managers and Executives. Carried by unanimous vote. It was clarified that the Ordinance will reflect the change and be brought back for adoption at the next meeting. ORDINANCES FOR ADOPTION MUNICIPAL CODE 2016 (506-2-31) 10. Ordinance No. 2016-2417. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTIONS 2.60.035, 2.60.250, AND 2.60.270 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO THE CITY MANAGER'S CONTRACTING AUTHORITY. (City Attorney) RECOMMENDATION: Adopt proposed Ordinance. TESTIMONY: None. ACTION: Motion by Rios, seconded by Sotelo-Solis, to adopt the Ordinance. Carried by unanimous vote. NON CONSENT RESOLUTIONS FINANCIAL MANAGEMENT 2016-2017 (204-1-32) 11. Resolution No. 2016-208. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE FOLLOWING ACTIONS TO FACILITATE COMPLETION OF PRIORITY CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECTS: 1) RELEASE OF GENERAL FUND (GF) APPROPRIATIONS IN THE AMOUNT OF $990,460.24 FROM CIVIC CENTER CHILLER, KIMBALL TOWER REHABILITATION, GEORGE H. WATERS NUTRITION CENTER IMPROVEMENTS (PHASES I & II), KIMBALL RECREATION CENTER ROOF REPLACEMENT, MLK JR COMMUNITY CENTER IMPROVEMENTS, AND CASA DE SALUD MANUEL PORTILLO YOUTH CENTER IMPROVEMENTS PROJECTS; 2) APPROPRIATE $990,460.24 TO CORRESPONDING GF EXPENDITURE ACCOUNTS FOR POLICE DEPARTMENT BUILDING IMPROVEMENTS (PHASE I), ARTS CENTER ROOF REPLACEMENT, DRAINAGE IMPROVEMENTS, AND STREET 52 of 488 Book 98 / Page 230 12-20-2016 NON CONSENT RESOLUTIONS (cont.) FINANCIAL MANAGEMENT 2016-2017 (204-1-32) 11. Resolution No. 2016-208 (continued). RESURFACING PROJECTS; 3) RELEASE OF INFORMATION SYSTEMS MAINTENANCE (ISM) APPROPRIATIONS IN THE AMOUNT OF $70,171.70 FROM SECURITY CARD ACCESS SYSTEM AND CIVIC CENTER DATA CENTER AC PROJECTS; AND 4) APPROPRIATE $70,171.70 TO CORRESPONDING ISM EXPENDITURE ACCOUNT FOR PUBLIC SAFETY CAMERAS PROJECT FOR THE NATIONAL CITY AQUATIC CENTER. (Engineering/Public Works) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. CONTRACT (C2013-51) 12. Resolution No. 2016-209. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SITE INFRASTRUCTURE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND PARADISE CREEK II HOUSING PARTNERS, L.P., A CALIFORNIA LIMITED PARTNERSHIP, TO SUBCONTRACT THE CITY TO PERFORM REMEDIATION WORK NEEDED ON THE PUBLIC PARK COMPONENT OF THE WESTSIDE TRANSIT -ORIENTED AFFORDABLE HOUSING AND PARADISE CREEK ENHANCEMENT PROJECT AND PAY THE CITY $4,800,000 IN SATISFACTION OF PARADISE CREEK II HOUSING PARTNERS OBLIGATION TO IMPROVE SAID PUBLIC PARK AND ESTABLISHING THE APPROPRIATION AND CORRESPONDING REVENUE BUDGET FOR SAID AGREEMENT. (Housing & Economic Development) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. NEW BUSINESS TEMPORARY USE PERMITS 2016 (203-1-32) 13. Temporary Use Permit — South Bay Community Church requesting to have a shipping container for storage at 2400 Euclid Avenue from December 21, 2016 thru December 21, 2017 with no waiver of fees. (Neighborhood Services) RECOMMENDATION: Approve the Application for a Temporary Use Permit with no waiver of fees subject to compliance with all conditions of approval. 53 of 488 Book 98 / Page 231 12-20-2016 NEW BUSINESS (cont.) TEMPORARY USE PERMITS 2016 (203-1-32) 13. Temporary Use Permit — South Bay Community Church requesting to have a shipping container for storage at 2400 Euclid Avenue from December 21, 2016 thru December 21, 2017 with no waiver of fees (continued). TESTIMONY: None. ACTION: Motion by Rios, seconded by Cano, to approve staff recommendation. Carried by unanimous vote. TEMPORARY USE PERMITS 2016 (203-1-32) 14. Temporary Use Permit — "Frank King's Christmas with Kids" hosted by Christmas with Kids at 223 E. 3rd Street on December 25, 2016 from 7 a.m. to 11 a.m. The applicant has requested a waiver of fees. (Neighborhood Services) RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. TESTIMONY: None. ACTION: Motion by Cano, seconded by Mendivil, to approve staff recommendation with a waiver of fees. Carried by unanimous vote. COUNCIL WORKSHOP NOTICES / ADMIN (102-6-1) 15. Scheduling of City Council workshops related to the discussion and preparation of the City of National City's annual budget for Fiscal Year 2018 and Five -Year Strategic Plan. (Finance) RECOMMENDATION: Approve staffs recommended budget and strategic planning workshop dates. TESTIMONY: None. ACTION: Motion by Rios, seconded by Sotelo-Solis, to approve staff recommendation. Carried by unanimous vote. BUDGET FY 2016-2017 (206-1-32) 16. Staff Report: Fiscal Year 2016 and 1st Quarter Fiscal Year 2017 Budget Review. (Finance) RECOMMENDATION: Accept the staff report as presented. TESTIMONY: None. ACTION: No action taken. COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY NO AGENDA ITEMS 54 of 488 Book 98 / Page 232 12-20-2016 MAYOR AND CITY COUNCIL Student Representative Jose Estrada said it was an Interesting meeting especially with respect to the selection of the Vice Mayor. City Treasurer Mitch Beauchamp encouraged Council Members to attend the sales tax meetings that are held twice a year to gain insight and perspective. City Clerk Dalla extended Christmas greetings to all. Member Mendivil said he continues to be impressed with Student Representative Estrada and his ability to articulate his thoughts. Mr. Mendivil said his review of the Vice Mayor selection process shows that it has been very inconsistent over the years and that it is important to have perspective. He thanked people for their support and wished everyone a Merry Christmas. Member Sotelo-Solis thanked staff for the welcoming cakes after the swearing -in; requested consideration of a proclamation for a small business (Monica Cab) that was ending 35 years of service to the community; expressed her views on the Vice Mayor and selection process and extended various Holiday and Christmas greetings. Member Rios expressed her views about the selection process for Vice Mayor; said she was ready to move forward and work with Vice Mayor Mendivil; referred an issue regarding a banner at El Toyon Park; asked staff to look into a traffic congestion issue involving a transit bus on 8th Street and mentioned concerns about possible impacts of a funding shortfall at SANDAG. Member Cano said he believes in the Mayor and will support the Mayor's decision when he appoints someone. He knows that Vice Mayor Mendivil will guide us in the right direction and hopes we can move forward as a Council to achieve the goals of the citizens Mayor Morrison provided a brief explanation on SANDAG related issues and promised to bring back more detailed information at a future meeting. He also announced that he will begin serving on the San Diego Regional Economic Commission in January and extended Christmas and Holiday greetings. CLOSED SESSION REPORT Interim City Attorney George Eiser stated there was nothing to report from the Closed Session. (See attached Exhibit 'L') 55 of 488 Book 98 / Page 233 12-20-2016 ADJOURNMENT Motion by Sotelo-Solis, seconded by Rios, to adjourn the meeting to the next Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City to be held Tuesday, January 17, 2017 at 6:00 p.m. at the Council Chambers, National City, California. Carried by unanimous vote. The meeting closed at 9:19 p.m. City Clerk The foregoing minutes were approved at the Regular Meeting of March 21, 2017. Mayor 56 of 488 EXHIBIT `L' +>- CALIFORNIA NATIONAL CITY C"� • .3 `f! _ iNCOR)PORAT&D AGENDA OF A SPECIAL MEETING CITY COUNCIL OF THE CITY OF NATIONAL CITY Main Conference Room Civic Center 1243 National City Boulevard National City, California Special Meeting - Tuesday, December 20, 2016 — 5:30 p.m. ROLL CALL CITY COUNCIL CLOSED SESSION 1. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) Howard Adler v. City of National City, et al. San Diego Superior Case No. 37-2016-00038651-CU-MC-CTL 2. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) People of the State of California ex rel., City of National City v. Ben Adler, et al. San Diego Superior Case No. 37-2010-0092488-CU-MC-CT ADJOURNMENT Next Regular City Council Meeting: Tuesday, December 20, 2016, 6:00 p.m., Council Chambers, Civic Center 57 of 488 Book 99 / Page 39 03-07-2017 DRAFT DRAFT DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY March 7, 2017 The Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City was called to order at 6:07 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL Council / Board members present: Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Administrative Officials present: Deese, Duong, Eiser, Manganiello, Parra, Raulston, Roberts, Stevenson, Tellez, Vergara, Williams. Others present: City Treasurer Mitch Beauchamp and Student Representative Jose Estrada. PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON PUBLIC COMMENTS Sunshine Horton, El Cajon, said we are blessed to be living in America, offered words of encouragement to lift people's spirits, urged everyone to love and help one another and hate no one. Jose Estrada, National City, urged the City Council to work together for the betterment of the community and offered individual words of advice to each Council Member as well as the staff. PRESENTATIONS COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2017 (102-10-12) 1. Veteran's Wall of Honor Program Update. (City Manager) 58 of 488 CITY COUNCIL CONSENT CALENDAR Book 99 / Page 40 03-07-2017 ADOPTION OF CONSENT CALENDAR. Item No. 2 (NCMC), Item No. 3 (Minutes), Item Nos. 4 through 6 (Resolution No. 2017-25 through 2017-27), Item Nos. 7 and 8 (Warrant Registers). Motion by Sotelo-Solis, seconded by Rios, to pull Item Nos. 6 through 8 and approve the remainder of the Consent Calendar. Carried by unanimous vote. MUNICIPAL CODE 2017 (506-2-32) 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) ACTION: Approved. See above. APPROVAL OF MINUTES 3. APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF MAY 3, 2016 AND ADJOURNED REGULAR MEETING OF THE COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF OCTOBER 25, 2016. (City Clerk) ACTION: Approved. See above. GRANT / HOUSING & ECONOMIC DEVELOPMENT (206-4-28) 4. Resolution No. 2017-25. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE STATE OF CALIFORNIA 2016 HOUSING - RELATED PARKS GRANT PROGRAM FOR PARADISE CREEK EDUCATIONAL PARK THAT DOES NOT REQUIRE A MATCHING FUNDING SOURCE FROM THE CITY. (Housing & Economic Development) ACTION: Adopted. See above. 59 of 488 Book 99 / Page 41 03-07-2017 CONSENT CALENDAR (cont.) FINANCIAL MANAGEMENT 2016-2017 (204-1-32) 5. Resolution No. 2017-26. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE APPROPRIATION OF $700,000 TO THE PUBLIC WORKS MAINTENANCE AND OPERATIONS (M&O) EXPENDITURE ACCOUNT FOR SEWAGE TRANSPORTATION AND TREATMENT FROM THE SEWER SERVICE FUND FUND BALANCE TO PAY CITY OF SAN DIEGO METROPOLITAN WASTEWATER DEPARTMENT FOR AN INCREASE IN SEWAGE TRANSPORTATION AND TREATMENT CHARGES OF APPROXIMATELY 12% FOR FISCAL YEAR 2017. (Engineering/Public Works) ACTION: Adopted. See above. PARKING & TRAFFIC CONTROL ADMIN 2017 (801-2-38) 6. Resolution No. 2017-27. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO 1) COORDINATE WITH SAN DIEGO METROPOLITAN TRANSIT SYSTEM (MTS) TO RELOCATE TWO EXISTING BUS STOPS LOCATED ON NATIONAL CITY BOULEVARD SOUTH OF 16TH STREET TO NATIONAL CITY BOULEVARD SOUTH OF 14TH STREET NEAR THE NATIONAL CITY PUBLIC LIBRARY; 2) PAINT RED CURB "NO PARKING" AT THE TWO NEW BUS STOPS; AND 3) REMOVE RED CURB "NO PARKING" AT THE TWO EXISTING BUS STOPS AFTER RELOCATION (TSC NO. 2017-05). (Engineering/Public Works) ACTION: Motion by Rios, seconded by Sotelo-Solis, to adopt the Resolution. Carried by unanimous vote. WARRANT REGISTER JULY 2016 — JUNE 2017 (202-1-31) 7. Warrant Register #28 for the period of 01/04/17 through 01/10/17 in the amount of $864,457.13. (Finance) ACTION: Motion by Sotelo-Solis, seconded by Rios, to ratify Warrant Register #28. Carried by unanimous vote. WARRANT REGISTER JULY 2016 — JUNE 2017 (202-1-31) 8. Warrant Register #29 for the period of 01/11/17 through 01/17/17 in the amount of $1,700,815.93. (Finance) ACTION: Motion by Sotelo-Solis, seconded by Rios, to ratify Warrant Register #29. Carried by unanimous vote. 60 of 488 Book 99 / Page 42 03-07-2017 ORDINANCES FOR ADOPTION MUNICIPAL CODE 2017 (506-2-32) 9. Ordinance No. 2017-2433. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858 AS AN URGENCY MEASURE TO TAKE EFFECT IMMEDIATELY, ENACTING A MORATORIUM PROHIBITING THE ISSUANCE OF MASSAGE TECHNICIAN PERMITS OR LICENSES AND PROHIBITING NEW MASSAGE ESTABLISHMENTS FROM LOCATING WITHIN THE CITY OF NATIONAL CITY FOR A PERIOD OF 45 DAYS. (City Attorney) RECOMMENDATION: Adopt the Ordinance. TESTIMONY: Marisa Ugarte, Bilateral Safety Corridor Coalition„ spoke in support of the Ordinance. Bianca Morales -Egan, Project Concern International, spoke in support. ACTION: Motion by Sotelo-Solis, seconded by Rios, to adopt the Ordinance. Carried by unanimous vote NEW BUSINESS TEMPORARY USE PERMITS 2017 (203-1-33) 10. Temporary Use Permit — St. Anthony of Padua Church presentation of the "Live Stations of the Cross" starting at 410 W. 18th Street on April 14, 2017 from 3 p.m. to 4 p.m. with no waiver of fees. (Neighborhood Services) RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees or in accordance to City Council Policy 802. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Morrison, to approve staff recommendation. Carried by unanimous vote. COUNCIL MEETINGS REGS / SCHEDULE ADMIN (102-7-1) 11. City Council Legislative Recess. (City Manager) RECOMMENDATION: Request City Council direction on (a) moving or dispensing with the July 4, 2017 City Council Meeting; and (b) observing a City Council legislative recess during the month of July, 2017. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Cano, to approve staff recommendation. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison, Sotelo-Solis. Nays: Rios. Abstain: None. Absent: None. 61 of 488 Book 99 / Page 43 03-07-2017 COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY NO AGENDA ITEMS MAYOR AND CITY COUNCIL Student Council Representative Jose Estrada provided an update on his on- going informational meetings with City Council Members and staff; announced that spring sports are underway at Sweetwater and encouraged the Mayor and Council Members to attend and that election of new Associated Student Body (ASB) Officers are taking place. Member Mendivil reported that he went on a very informative ride -along with Mr. Larry Emerson, a local resident who demonstrated his electric vehicle and explained the various advantages and programs available. Mr. Mendivil also acknowledged Mr. Emmerson's efforts with the Boys & Girls Club to promote our "Together We Can" program. Member Sotelo-Solis thanked staff, veterans and active duty service members for their efforts to make the Veteran's Wall of Honor a reality and reminded everyone about the Neighborhood Council Breakfast on Saturday. Member Rios thanked staff for the short agenda, highlighted the Read Across America activities at the schools; reported that she had a ride -along with the Fire Fighters at Station #34 and requested that Student Representative provide available scheduling information for Sweetwater sport events. Mayor Morrison reminded everyone about the Neighborhood Council Breakfast on Saturday and the Mariachi Festival on Sunday and highlighted his experiences participating in the Read Across America events at the schools. CLOSED SESSION REPORT Interim City Attorney George Eiser stated there was no Closed Session. ADJOURNMENT Motion by Sotelo-Solis, seconded by Rios, to adjourn the meeting to the next Regular Meeting of the National City City Council/Community Development Commission — Housing Authority of the City of National City to be held Tuesday, March 21, 2017 at 6:00 p.m. at the Council Chambers, National City, California. Carried by unanimous vote. The meeting closed at 7:10 p.m. 62 of 488 Book 99 / Page 44 03-07-2017 City Clerk The foregoing minutes were approved at the Regular Meeting of March 21, 2017. Mayor 63 of 488 Book 98 / Page 82 04-26-2016 DRAFT DRAFT DRAFT MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY FISCAL YEAR 2017 BUDGET April 26, 2016 The Adjourned Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City was called to order at 5:04 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL Council / Board members present: Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Administrative Officials present: Dalla, Deese, Duong, Manganiello, Muthusamy, Parra, Prendell, Raulston, Roberts, Rodriguez, Silva, Stevenson, Vergara, Williams, Ybarra. Others present: City Treasurer Mitch Beauchamp. PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON FISCAL YEAR 2017 BUDGET WORKSHOP 1. Introduction/Presentation City Manager Leslie Deese gave opening remarks and provided a quick overview highlighting some of the City's accomplishments, CIP projects, innovative programs and organizational accomplishments particularly as they relate to Proposition "D", the voter approved 1 cent sales tax. Fiscal Year 2017 Preliminary Budget Update Finance Director Mark Roberts introduced himself and individual staff members Stacey Stevenson, Brad Raulston, Mark Roberts, Ed Prendell and Steve Manganiello who made presentations on the below listed items and responded to questions. a. General Fund Budget Summary b. Total Budget Summary c. Significant Budgetary Impacts d. Proposed Changes & Impacts e. Capital Improvement Program ("CIP") Note: All presentation materials are attached as Exhibit "A". 64 of 488 Book 98 / Page 83 04-26-2016 FISCAL YEAR 2017 BUDGET WORKSHOP (cont.) 3. Reserve Policy Revision — Addition of Facilities Maintenance Reserve 4. Discussion of Development of Budget Ordinance 5. Future Impacts & Next Steps 6. City Manager Closing Comments & Request for Direction City Manager Deese thanked the City Council for the opportunity to present the budget and expressed thanks to the staff for bringing a thorough budget document before Council so early in the process. Staff looks forward to City Council Direction. 7 Public Comments Jacqueline Reynoso, National City Chamber of Commerce, complimented the City the budget, applauded the City for partnering with non-profit community partners as well as the Chamber. Ms. Reynoso asked the City Council to access what they currently do and in the area of economic development and determine if it is possible to do more given the changes and uncertainties confronting the business community. Council Direction Motion by Mendivil, seconded by Cano, to support moving forward with the Economic Development position. Carried by unanimous vote. Motion by Sotelo-Solis, seconded by Rios, to move forward with staffing the Maintenance Worker Position. Carried by unanimous vote. Motion by Sotelo-Solis, seconded by Rios, to move forward with h Homeless Services contract. Carried by unanimous vote. Motion by Mendivil, seconded by Cano, to not move forward with cable casting until additional information is brought back at a future Council Meeting. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison, Rios. Nays: Sotelo- Solis. Abstain: None. Absent: None. 65 of 488 Book 98 / Page 83a 04-26-2016 ADJOURNMENT Motion by Sotelo-Solis, seconded by Cano, to adjourn the meeting to the next Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City to be held Tuesday, May 3, 2016 at 6:00 p.m. at the Council Chambers, National City, California and to dispense with the tentative Budget Hearing on Carried by unanimous vote. The meeting closed at 8:22 p.m. City Clerk The foregoing minutes were approved at the March 21, 2017. Mayor 2016 City Council Summer Legislative Recess • July 5 — City Council Meeting — Suspended • July 19 — City Council Meeting — Suspended 66 of 488 Exhibit 'A' referenced here -in is available for public viewing in the Office of the City Clerk 67 of 488 CC/CDC-HA Agenda 3/21/2017 — Page 68 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Mayor to execute a two year agreement between the City of National City and Claims Management Associates, Inc. (CMA) for Liability Risk Management, Claims Adjusting and Investigat 68 of 488 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 21, 2017 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a two year agreement between the City of National City and Claims Management Associates, Inc. (CMA) for Liability Risk Management, Claims Adjusting and Investigation services in an amount not to exceed $150,000 with the ability to extend the agreement up to an additional three years under the City Manager's authority. PREPARED BY: Stacey Stevenson PHONE: 336-4308 EXPLANATION: The purpose of the proposed agreement is to provide contracted Risk Management services to the City of National City. Claims Management Associates, Inc. (CMA) is the City's current provider of Liability Risk Management, Claims Adjusting and Investigation Services, providing these services on an as -needed basis. Under the terms of the proposed agreement, CMA will continue to perform this scope of services for a period of two years with the ability to extend the agreement in one year increments for up to an additional three years under the City Manager's authority. DEPARTMENT: Human Resources APPROVED BY: ,� J FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the resolution authorizing the Mayor to execute a two year agreement with Claims Management Associates, Inc. with the ability to extend the agreement for up to an additional three years granted to the City Manager. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Agreement Resolution 69 of 488 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND CLAIMS MANAGEMENT ASSOCIATES, INC. THIS AGREEMENT is entered into this 2l st day of March 2017, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and CLAIMS MANAGEMENT ASSOCIATES, Inc. (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide Risk Management Liability Consulting to include liability claims management; and Liability Claims adjusting and investigating. WHEREAS, the CITY has determined that the CONSULTANT is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. CONSULTANT will provide as needed consulting to the City of National City for Liability Risk Management, Claims Adjustment and Investigation and related functions The CONSULTANT may assist the CITY with additional projects as designated by the Administrative Services Director. The CONSULTANT will perform services as set forth in the attached Exhibits " A" and "B". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings to keep staff and City Council advised of the progress as required. 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 CMA Agreement —March, 2017 70 of 488 compensation associated with said change in services, not to exceed a factor of 20% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. The City Attorney is hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Edward Garbo is thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibits "A" and `B" shall be based on the fee schedule in Exhibit "C" (the Base amount) not to exceed $150,000 in the two year term of the agreement without prior written authorization from the City Attorney. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibits "A" and `B", as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for 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. 5. 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. 6. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This agreement will become effective on March 7, 2017. The duration of this Agreement is for the period of March 7, 2017 through March 6, 2019. This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year term. The Parties may exercise up to three one-year extensions. Any extension of this Agreement must be approved in writing by the City Manager. 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. CMA Agreement —March, 2017 71 of 488 Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S written work product for the CITY'S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 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. CMA Agreement —March, 2017 72 of 488 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a 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 CMA Agreement —March, 2017 73 of 488 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 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 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 CMA Agreement —March, 2017 74 of 488 liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following checked insurance policies: A. ® If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of $1,000,000 per occurrence and $5,000,000 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. 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 CMA Agreement —March, 2017 75 of 488 the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. I. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY or CONSULTANT. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT or CITY. 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 6. 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 CMA Agreement —March, 2017 76 of 488 delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: City Attorney City of National City 1243 National City Boulevard National City, CA 91950-4301 To CONSULTANT: Edward Garbo, President Claims Management Associates, Inc. 10755 Scripps Poway Parkway #501 San Diego, CA 92131 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 of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ® If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. CMA Agreement —March, 2017 77 of 488 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. 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. 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 CMA Agreement —March, 2017 78 of 488 to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY CLAIMS MANAGEMENT ASSOCIATES, INC. By: Ron Morrison, Mayor By: Edward Garbo, President APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Edward Garbo, Secretary 79 of 488 CMA Agreement —March, 2017 Exhibit A SCOPE OF WORK — OVERVIEW AND APPROACH LIABILTY CLAIMS HANDLING GUIDELINES Adjustment and Investigation: ■ Contact claimants or their attorneys within 24 hours of receipt of a claim and maintain appropriate contact with them until the claim is closed, unless otherwise directed by the City. ■ Return telephone calls within 24 hours of message. ■ Investigate claims where the initial review indicates that it is warranted. Further investigation may include on -site investigation, photographs, interviewing witnesses and taking signed or recorded statements from the involved parties, verification of damage or loss, taking measurements, obtaining maps/diagrams, obtaining medical releases, police reports, internal operations investigations, and paramedic reports, building permits or other records as required. ■ If an attorney is involved, direct all communication to the claimant's attorney regarding the investigation, negotiation, and evaluation of any claims leading to a settlement. ■ Provide City a comprehensive captioned report on contractor findings within 30 days. ■ Provide status reports every 30 days, or as requested, until case resolves. If claim is pending solely for the expiration of the statute, the file will be calendared to the end of the statute period. ■ If automobile damage estimates are over $1,500.00, engage the services of a professional appraiser. ■ Calendar all files at appropriate intervals for timely completion of required investigation. ■ Respond to all written communications requiring an acknowledgment or action within 10 days of receipt, or sooner if an immediate and urgent response is required. ■ Review vendors for cost-effectiveness and quality of work, if requested by City. ■ Obtain fully executed releases an all settlements. 80 of 488 Claims Management Associates Exhibit B SCOPE OF WORK — OVERVIEW AND APPROACH LIABILTY RISK MANAGEMENT SERVICES Protocols for Performance: ■ Provide on -site professional Risk Management staff as requested by city. The initial plan is for staff to be present two partial days per week. ■ Provide adjustment services for incoming liability and property claims. Very large multi -claimant losses may require additional outside adjusting assistance. ■ Review of insurance documents for accuracy and compliance with city standards. ■ Maintaining of Microniche liability loss run program on an ongoing basis. ■ Attend city staff meetings as required. ■ Attend periodic meetings with City Attorney to keep appraised of developments within the program. ■ Maintain reserves on all files that accurately reflect liability and change reserves as new information is received. Establish and follow procedures to periodically review reserves for accuracy. ■ Prepare for and assist in yearly audits by excess liability carrier. ■ Attend City Council meetings as necessary. ■ Complete liability cost assessment studies as requested. ■ Place tortfeasor on notice of City subrogation rights, as necessary. ■ Complete yearly excess liability insurance application. ■ Work with city insurance broker as required. ■ Pursue negligent tortfeasor to collect city losses, were applicable. ■ Present and negotiate first party property claims with city property carrier. ■ Attend Small Claims Court as needed. 81 of 488 Claims Management Associates Attachment C Claims Management Associates, Inc. Time and Expense Risk Management Consulting - Liability Risk Management Consulting Service will be billed at $90.00 per hour. ✓ Full Liability Risk Management consulting services as needed at clients facility Time and Expense Rate - General Adjusting The all-inclusive hourly rate will be $71.00* per hour and will include ALL of the following overhead expenses: ✓ Telephone Costs ✓ Office Expense ✓ Clerical work including word processing and stenography. ✓ Photocopies ✓ Mileage ✓ Photographs *Costs such as non -ordinary investigative services (sub rosa), independent medical examinations, professional engineering services, laboratory tests, professional photography, statement transcriptions and special delivery charges etc. will be billed at cost with copy of vendor invoice attached to client statement. These services will require prior client approval. 82 of 488 RESOLUTION NO: 2017 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A TWO-YEAR AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND CLAIMS MANAGEMENT ASSOCIATES, INC., FOR LIABILITY RISK MANAGEMENT, CLAIMS ADJUSTING, AND INVESTIGATION SERVICES IN AN AMOUNT NOT TO EXCEED $150,000, WITH THE OPTION TO EXTEND THE AGREEMENT FOR THREE ADDITIONAL ONE-YEAR TERMS UNDER THE CITY MANAGER'S AUTHORITY WHEREAS, the City of National City desires to employ a consultant to provide risk management liability consulting that would include liability claims management, and liability claims adjusting, and investigating. WHEREAS, the City has determined that Claims Management Associates, Inc. ("CMA"), is qualified by experience and ability to perform the services desired by the City, and CMA is willing to perform such services for a two-year period for the not to exceed amount of $150,000, with an option to extend the Agreement for three additional one-year terms. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the Mayor to execute a two-year Agreement with Claims Management Associates, Inc., for risk management liability consulting that would include liability claims management, and liability claims adjusting, and investigating for the not to exceed amount of $150,000, with the option to extend the Agreement for three additional one-year terms. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 21st day of March, 2017. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ron Morrison, Mayor 83 of 488 CC/CDC-HA Agenda 3/21/2017 — Page 84 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 Ace Electric, Inc. in the not -to -exceed amount of $712,569 for the El Toyon and Las Palmas Park Lighting Improvements Project, CIP No. 17-01; 2) authorizing a 15% conti 84 of 488 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 21, 2017 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract to Ace Electric, Inc. in the not -to -exceed amount of $712,569 for the El Toyon and Las Palmas Park Lighting Improvements Project, CIP No. 17-01; 2) authorizing a 15% contingency in the amount of $106,885.35 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. UEPARi rat=NT: Engineering/Public Works APPROVED BY: FINANCIAL STATFMF IT: APPROVED: L1 ACCOUNT NO. 1PPROVED: Contract Award (funds available through prior City Council appropriations) 001-409-500-598-4133: $373,549.07 001-409-500-598-4131: $250,000.00 115-409-500-598-4131: $89,019.93 15% Contingency (funds available through prior City Council appropriations) 001-409-500-598-4133: $106,885.35 ENVIRONMENTAL REV'F!: ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt Resolution awarding a contract to Ace Electric, Inc. in the not -to -exceed amount of $712,569 for the El Toyon and Las Palmas Park Lighting Improvements Project, CIP No. 17-01. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1, Explanation 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Resolution 85 of 488 EXPLANATION On September 20, 2016, staff provided an update to City Council regarding the park fighting issues at Las Palmas Park and El Toyon. Park. At the time, staff was developing plans for the El Toyon and Las Palmas Park Lighting Improvements Project, which included new ballfield lighting at Las Palmas Park and new lighting for the eastern section of El Toyon Park. Staff has since finalized the project plans and has received bids. The general scope of work for the Project includes installation of sports lighting at Las Palmas and El Toyon Park, and park area lighting and parking lot lighting at El Toyon Park. On February 7, 2017, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On February 9, 2017 and February 15, 2017, the bid solicitation was advertised in local newspapers. On February 28, 2017, six (6) 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. Ace Electric, Inc. was the apparent lowest bidder with a total bid amount of $712,569.00 as the basis of award. Upon review of all documents submitted Ace Electric, Inc.'s bid was deemed responsive, and they are the lowest responsible bidder qualified to perform the work as described in the project specifications. Therefore staff recommends awarding a contract to Ace Electric, Inc. in the not -to - exceed amount of $712,569.00. This amount includes the base bid items for both parks, in addition to all additive bid items for El Toyon Park, which will allow for four new Tight poles around the walking path located on the eastern side of El Toyon Park. Staff also recommends authorizing a 15% contingency in the amount of $106,885.35 to address any unforeseen conditions that may arise. Attached are the bid opening summary sheet and a line item summary of the three lowest bidders for reference. Construction is estimated to be completed in August 2017. 86 of 488 "I08L1403 1V11WZItlO14 ii I{!! a 3 Ai 1K:n gil 3 1:1 lip 152 Oh AO I I hill HA Gl 4'7- o V313141'0O 31Y0 •W103dSNl 4 -- •1 4 - - - - - _1•.0 tChl Pi 111111111110 $ 55*4*.*$15.55ig1 5ds1 111111111gigg =ss-g 3 3 gi A g 3 6 9C91-888 (858) N30Y16 LLUVd .sunlonlllsens 1A1V L8£S-89Z (848) ZICY-OBZ (818) O QZ-Lrs.(ase) 2Ad007 A8V0 SNOLLY7INfWN07 %OD VWVA3IVA NY30 'SNOLLNJINn11Y1003131 Tmplm.AanN.'sdvly sve SN061A3N DNHYWNON38 6041NrIS ;031NV1S 3140 SOtl0738 NOLL711U1SNO0 8158-8h5 (858) N38YWW tl35VN `NOItl10313 MVO 03AOtlddV A8 111nB-SY 3N0Hd313f 87 of 488 S1N3YLLWd10 ) 1N31UNYd30 ONI633N10613 e r'xr0-RVSGwk11 J\1b'M f!G\hW� ub 1144. O'7e1A'M\4+✓Pbl1 911 - AIN IS WI' WwM 881740 88 N666 .NR �,. �„ .661. t,P IRWAG6-61R:NR GIN,07-6466NMARROOLOWT6NULR.SeLSLon ENGINEERING DEPARTMENT UTILITY DEPART/EKTS_ _ MOE TELEPHONE AS -BUILT BY ,APPROVED DATE ELECTRICAL MASER BARMEN (BM) 54B-6518 CONSTRUCTION RECORDS DATE STARTED SURVEYOR; BENCHMARK: REVISIONS :,,,,,,1E1 111,,,,©„o :,,,,,©,0 :,,,:,,,o :num mmouna onao©©©o swoims==o ammo imum %Y;4 Si 1'1 1 I8 — —ZIT— •, • _ 11 r'�� Ej csizi B 9Y pa 'CASMAPS,' HUEY MITCHEIL TELECOMMUNICATIONS, DEAN TATEYAMA 'COX CDMMLPUCATIONS, CARY COOPER AT&T SUBSTRUCTURES. PATE SLAM SVP St (666) 547-2080 (61X) 260-4312 (SID) 266-53S1 pl65Bi660-TBJS Iv aa. NSPECTOR: DATE COdPLETECD HD&ZONTAL CONTROL niESE CI c as - Ii i iI ipt rip lip 14I'i� ;1ai $ - G 11 h@ ii Ai u 4 111 i Os p 2a i 11 !! ii4 ;" 11 q 10 il ! Ig ill PIA g0$)4 $ a A , '� EUCLID AVE 0 W 0 0 0CI 0 +1 f." 4'+7_ AL1• F O R N.M" - INATION wposfpcquiqvu BID OPENING RESULTS NAME: EL TOYON AND LAS PALMAS LIGHTING IMPROVEMENTS PROJECT CIP NO: 17-01 DATE: Tuesday, February 28, 2017 TIME: 1:00 'P.M. ESTIMATE: S801,000 PROJECT ENGINEER: Kum Muthusamy, P.E. NO. BIDDER'S NAME Grand Total* ADDENDA, BID SECURITY -BOND 1. Ace Electric, Inc. 6061 Fairmount Ave San Diego, CA 92120 $712,569.00 Yes Bond 2. Ensley Electric, Inc.9962 985 Singing Ridge Road El Cajon, CA 92019 $811,445.00 Yes Bond 3. HMS Construction, Inc.2101 2885 Scott Street Vista , CA 92081 $846,475.00 Yes Bond 4. PAR Electrical Contractors, Inc. 525 Corporate Dr, Escondido, CA 92029 $951,188.30 Yes Bond 5. Siemens Industry, Inc. 9225 Bee Cave Road Building B, Suite 101 Austin, TX 78733 $998,708.00 Yes Bond 6. Baker Electric, Inc. 1298 Pacific Oaks Place Escondido, CA 92029 $1,133,53538 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. 89 of 488 l ...._.. Item No.Description Bid Results for Project El Toyon and Las Palmas Park Lighting Improvements, COP No. 17-01 I Ace Electric, Inc Ensle'� Electric, Inc, ____J HMS Construction, Inc. 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 - El Toyon Park 1 Furnish and Install New 2-2" PVC Conduit with Mule Tape. LF 1175 $32.00 $37,600.00 . $25.00 $29,375 00 $25.00 $29,375 00 2 Furnish and Install New 1-2" PVC Conduit with Mule Tape. LF 600 $22.60_1 $13,560 00 $22.00 $13,200 00 $24.00 $14,400.00 3 Furnish and Install New Wiring as Shown on Plans. LS 1. $22,200.00 $22,200.00 $15,000.00 $15,000 00 $16,487.00 $16,487 00 4 Remove Existing 40' Basketball/Tennis Court Light Pole and Break Down Foundation 3' Below Grade. EA 6 $1,100.00 $6,600 00 $500.00 $3,000.00 $1,306.00 $7,836_00 5 Remove Existing 18" x 18" Park Light Foundations. EA 11 $270.00 $2,970.00 $500.00 $5,500 00 $363.00 $3,993 00 6 Furnish and Install 6-40' Poles with MUSCO 96 LED Fixtures and Control -Link Lighting Controls or. Approved Equal and Foundation Complete for Tennis Courts. L5 1 $123,600.00 $123,600.00 $168,000.00 $168,000.00 $166,345.00 $166,345.00 7 Furnish and Install 2-40' Poles with MUSCD 96 LED Fixtures and ControlLighting Controls or Approved Equal and Foundation Complete for Basketball Courts. LS 1 $43,780.00 $43,780.00 $60,000.00 $60,000.00 $57,979.00 $57,979 00 8 Furnish and Install New 20 Park Area Light Pole with Foundation Complete and 134W LED Fixture or Approved Equal. EA 3 $2,950.00 $8,850 00 $4,500.00 $13,500 00 $4,274.00 $12,822 00 9 Furnish and Install New 20' Park Area Light Pole with 3' Raised Foundation Complete and 134W LED Fixture or Approved Equal. EA 4 $3,185.00 $12,740 00 $4,500.00 $18,000.00 $4,539,00 $28,156.00 10 Furnish and Install New 25' Area Light Pole with Foundation Complete and 134W LED Fixture or Approve Equal. EA 2 $3,100.00 $6,200.00 $4,500.00 $9,000.00 $4,543.00 $9,086, DD 90 of 488 Ace Electric, Inc. Ensley Electric, Inc. HMS Construction, Inc. Item o+ Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantityx Unit Price) 11 Furnish and Install New #5 Pull Box. EA 19 $690.00 $13,110.00 $350,00 $6,650 00 $610.00 $11,590.00 12 Furnish and Install New 100A 3-Pole Breaker and Connect New Service Panel Feeders to Existing Main Distribution Service. LS 1 $3,600.00 $3,600 00 $1,500.00 $1,500 00 $3,550.00 $3,550 00 13 Relocate Irrigation Control Panel and Conductors, Furnish and Install Deep Strut on Well. Furnish and Install Metal Enclosure for Splicing Conductors if Necessary. Furnish and Install 2" EMT Conduit with 2#12 Conductors and 1#8 Ground for MUSCO LS 1 $1,500.00 . $1,500 00 $2,500.00 $2,500.00 $9,632.00 $9,632.00 14 Furnish and Install 2" Galvanized Conduit from Pull Box to MUSCO Controls Enclosure. Furnish and Instal: 2" Galvanized Conduit Riser and Core Through CMU Wall as Necessary. ' LS 1 $1,360.00 $1,360 00 $1,000.00 $1,000.00 $3,696.00 $3,696.00 15 Furnis an• Install LED Wall Pack Light. Core Through CMU Wall and Splice Electrical Conductor Inside Nearest Electrical Junction Box on Existing Lighting Control Circuit. Furnish and Install 1" EMT From Junction Box to Light. I.5 1 $1,050.00 $1,050 00 $2,000.00 $2,000 00 $1,174.00 $1,174 00 16 Furnish and Install Park Area Lighting/Parking Lot Lighting/Bathroom Lighting Time Clock and Contactor. LS 1 $2,350.00 $2,350 DO $2,500.00 $2.,500 00 ' $707.00 $707.00 17 Mobilization/Demobilization L5 1 $12,000.00 $12,000 00 $10,000.00 $10,000.00 $1,000.00 $1,000 CO 18 Field Orders ALLOW 1 $5,000.00 $5,000 40 $5,000.00 $5,000.00 $5,000.00 $5,000.00 Subtotal $31.8,074160 $365,725.00 $3722,828.00 El To on Park Additive "A" .Includes Palo P12 w/ Foundation, Conduit, Pull Boxes, Wire) 19 Furnish and Install 2-2" PVC Conduit with Mule Tape. LF 365 $21.00 $7,665.40 $25.00 $9,125.00 $25.00 $9,125.00 20 urnis an. nsta ew 0 ar rea ig t Pofe with Foundation Complete and Dual 134W LED Fixture of Approved Equal. EA 1 $3,900.00 $3,900 00 $4,500.00 $4,500.00 $4,271.00 $4,271.00 91 of 488 Ace Electric, Inc. Ensley Flectric, Inc. HMS Construction, Inc. to !tern Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x unit Price) Unit Price Extension (Quantityx Unit Price) 21 Furnish and Install New #5 Pull Box with Concrete Collar. EA 2' $700.00 $1,400 00 $400.00 $800 00 $610.00 $1,220.00 22 Furnish and Install 2#8 Electrical Conductors and 1#8 Ground. LF 1200 $3.06 $3,672 00 $4.00 $4,800 00 $2.00 $2,400.00 Subtotal $16,637.00 $19,225.00 $17,016.00 El Toyon Park Additive "B" {Includes Pole P12 we/Foundation, Conduit, Wire) 1 23 �. Foundation Complete and Dual 134W LED Fixture of Approved Equal. EA 1 $3,900.00 $3,900 00 $4,500.00 $4,500 00 $4,271.00 $4,271.00 24 Furnish and Install 2#8 Electrical Conductors and 1#8 Ground. LF 100 $2.80 $280 90 $4.00 $400 00 $2.00 $200 00 Subtotal $4,330,90 $4,900.00 $4,471.00 El Toyon Park Additive "C" (Inciudes Pole P10 we/ Foundation, Conduit, Pull Box, Wire) 25 Furnish and Install 2-2" PVC Conduit with Mule Tape. LF 140 $26.50 : 3,710 JD $25.00 $3,500 OD $25.00 $3,500 00 26 Furnish and Install New 20' Park Area Light Pole with Foundation Complete and Dual 134W LED Fixture of Approved Equal. EA 1 $3,900.00 $3,900 00 $4,500.00 $4,500 00 $4,271.00 $4,271.00 27 28 Furnish and Install New #5 Pull Box with Concrete Collar. EA 1 $690.00 $690 00 $400.00 $400 00 $510.00 $610.00 Furnish and Install 2#8 Electrical Conductors and 1#8 Ground, LF 500 $3.15 $1,575.00 $4.00 $2,000.00 $2.00 $1,000.00 Subtotal $9,275.00 $10,400.00 $9,381.00 El Toyon Park Additive "DP (lnciodes Pole P14 w/ Foundation, Conduit, Pull Box, Wire) 29 Furnish and Install 2-2" PVC Conduit with Mule Tape. LF 185 $25.20 $4,662 00 $25.00 $4,625 00 $25.00 $4,625 00 30 Furnish and Install New 20' Park Area Light Pole with Foundation Complete and Dual 134W LED Fixture of Approved Equal. EA 1 $3,900.00 $3,900 00 $4,500.00 $4,500.00 $4,271.00 $4,271.0D 92 of 488 Item No. Description Unit: Qty. Ace Electric, Inc. Unit Price Extension (Quantity x Unit Price) Ensley Electric, Inc. Unit Price Extension (Quantity x Unit Price) HMS Construction, Inc. Unit Price Extension (Quantity x Unit Price) 31 Furnish and Install New #5 Pull Box with Concrete Collar. EA $700.00 $700.00 $400.00 $400 00 $610.00 $610 00 32 Furnish and Install 2#8 Electrical Conductors and 1#8 Ground. Las Palmas. Park Base Bid LF 600 $3.11 Subtotal $1,866 00 $ L,128.0O $4.00 $2,400 00 $11,925.30 $2.00 $1,200.00 $10,706.00 Furnish and Install New 6-2" PVC Conduit with Mule 33 Tape. LF $290.00 $1,450 00 $100.00 $500 00 $9 1.00 $455 00 Furnish and Install New 4-2" PVC Conduit with Mule 34 Tape. LF 180 $32.50 uF P s r-a? 31 fall New $ 2" PVC Conduit with Mule 35 Tape. LF 360 $31.40 36 37 38 urnish and Install New 2-2" PVC Conduit with Mule Tape. Furnish and Install New 1-2" PVC Conduit with Mule Tape. Furnish and Install New Wiring as Shown on Plans. LF LF LS 600 200 $24.50 $17.50 $23,800.00 39 Remove Existing Light Pole. 40 Break Down Existing Foundation 3' Below Grade. 41 42 Furnish and Install S-60' Poles with MUSCO TLC-LED- 1150 Fixtures and Control -Link Lighting Controls or Approved Equal for Baseball Fields. Remove and Salvage Existing Sport Lighting Service Equipment EA EA LS LS 5 $780.00 $680,00 1 $232,300.00 1 $670.00 $5,850 D0 $11,304.30 $14,700. DO $3,500 00 $23,800 00 $3,900 00 $5,440 00 $232,300 00 tg7n nn $ 30.00 $ 5,400.00 $39.00 $27.00 $9,720 00 $37.00 $25.00 $22.00 $10,000.00 $ 500.00 $500.00 $295,000.00 $1,000.00 $15,000.00 $4,400.00 $10,000 00 $2,5D0 00 $4,000 00 $295,000.00 $1,000 00 $25.00 $24.00 $16,906.00 $1,306.00 $363.00 $298,594.00 $6,026.00 $7,020_00 $13,320 00 $15,000 00 $4,800.00 $16,906.00 $6,530.00 $2,904.00 $298, 594.00 $6,026.00 93 of 488 Ace Electric., Inc. Ensley Electric, Inc. HMS Construction, Inc. item No.Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) 43 Furnish and Install New 600A Switch Gear, Meter Main Distribution Center and all Necessary Breakers. Install Foundation Complete. LS 1 $12,775.00 $12,775 00 . $25,000.00 $25,000.00 $12,234.00 $12,234 00 44 Furnish and Install New #5 Pull Box. EA 9 $725.00 $6,525 00 $350.00 $3,150 00 $610.00 $5,490.00 45 Furnish and Install New#6 Pull Box. EA 4 $1,975.00 $7,90000 $400.00 $1,600.00 $785.00 $3,140.00 46 Furnish and Install Conduit Raceway to Enter Snack Bar Building. Furnish and Install New 100A Sub Panel with Main Breakers. EA 1 $2,850.00 $2,850.00 $2,000.00 $2,000.00 $10,536.00 $10,536.00 47 Furnish and Install Conduit Raceway to Enter Restroom Building. Furnish and Install New 100A Sub Panel with Main Breakers. EA 1 $2,850.00 $2,850 00 $2,000.00 $2,000 00 $10,536.00 $10,536.00 48 Remove Existing Pole Mounted Sub Panel and Lighting Controls. EA 1 $530.00 $530.00 $500.00 $500 00 $1,205.00 $1,205 00 49 Furnish and Install LED Flood Lamp with Wire Guard and Shield. - EA 1 $1,125.00 $1,125 00 $500.00 $500.00 $674.00 $674 00 50 Furnish and install Conduit Raceway and Switch for Flag Pole Light (Complete) (Includes 3/4" Ridid Metallic Conduit, Core Drilling, Mule Tape, 20A Light Switch and Mounting Hardware). LS 1 $710.00 $710.00 $2,000.00 $2,000 00 $10,703.00 $10,703 00 51 Mobilization/Demobilization LS 1 $9,500.00 $9,500.00 $10,000.00 $10,000.00 $1,000.00 $1,000.00 52 Field Orders ALLOW/ 1 $5,000.00 a5,000.o0 $5,000.00 $5,000 00 $5,000.00 $5,000 00 — -- Subtotal $352,57S.t;C� $399,270.00 $432,073.00 —.--- ---- Grand Total' $712,569.0 — _— 1 $811,445.00 r $846,475.00 94 of 488 RESOLUTION NO: 2017 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO ACE ELECTRIC, INC., IN THE NOT -TO -EXCEED AMOUNT OF $712,569 FOR THE EL TOYON AND LAS PALMAS PARK LIGHTING IMPROVEMENTS PROJECT, AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $106,885.35 FOR ANY UNFORESEEN CHANGES; AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, on February 28, 2017, six (6) bids were received electronically on PlanetBids for the El Toyon and Las Palmas Park Lighting Improvements Project; and WHEREAS, Ace Electric, Inc., was the lowest responsive bidder qualified to perform the work as described in the project specifications with a total bid amount of $712,569; and WHEREAS, a 15% contingency amount up to $106,885.35 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 El Toyon and Las Palmas Park Lighting Improvements Project to the lowest responsive, responsible bidder, to wit: ACE ELECTRIC, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $712,569 with Ace Electric, Inc., for the El Toyon and Las Palmas Park Lighting Improvements 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 $106,885.35 for any unforeseen changes to the Project. PASSED and ADOPTED this 21st day of March, 2017. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ron Morrison, Mayor 95 of 488 CC/CDC-HA Agenda 3/21/2017 — Page 96 The following page(s) contain the backup material for Agenda Item: Warrant Register #30 for the period of 01/18/17 through 01/24/17 in the amount of $1,490,721.64. (Finance) 96 of 488 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 21, 2017 AGENDA ITEM NO. ITEM TITLE: Warrant Register #30 for the period of 01/18/17 through 01/24/17 in the amount of $1,490,721.64. (Finance) PREPARED BY: 1K. Apaiategui PHONE: 019-336-45721 DEPARTMENT: Finance/ APPROVED BY: La-'( EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 01/18/17 through 01i24/17. Consistent with Department of Finance, listed below are all payments above $50,000. Vendor CS Legacy Construction Dick Miller Inc Mossy Nissan Portillo Concrete Inc Project Professionals Corp Public Emp Ret System Check/Wire Amount 327106 55,684.30 327111 62,405.50 327125 51,557.68 327135 93,497.58 327138 84,078.19 1242017 413,765.19 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $1,490,721.64. Explanation Paradise Creek Ed. Project Plaza Blvd. Widening Project Detective Police Vehicles E. 16th St. & Grove Ped. Project Sewer Line Replacement Project Service Period 01/03/17 — 01/16/17 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 $1,490,721.64 BOARD 1 COMMISSION RECOMMENDATION: 'NIA' ATTACHMENTS: Warrant Register #30 6o Finance MIS 97 of 488 PAYEE AK & COMPANY ALDEMCO ALL FRESH PRODUCTS AT&T AT&T MOBILITY ATKINS NORTH AMERICA INC BANNER BANK BEVERIDGE, M BOOT WORLD BROADWAY AUTO ELECTRIC CAL UNIFORMS INC CALIFORNIA COMMERCIAL SECURITY CIRCULATE SAN DIEGO CLEAN HARBORS CLF WAREHOUSE CORELOGIC SOLUTIONS LLC COX COMMUNICATIONS CS LEGACY CONSTRUCTION INC CULLIGAN DANIELS TIRE SERVICE DATA TICKET INC DEPARTMENT OF TRANSPORTATION DICK MILLER INC DIMENSION DATA D-MAX ENGINEERING EQUIFAX INFORMATION SVCS FERGUSON ENTERPRISES INC GEOSYNTEC CONSULTANTS INC GRAINGER GTC SYSTEMS INC HARRIS & ASSOCIATES HEALTH DIMENSIONS INNOVATIVE CONSTRUCTION KIMLEY HORN AND ASSOC INC LASER SAVER INC METRO AUTO PARTS DISTRIBUTOR MOSSY NISSAN MUTHUSAMY, K NAN MCKAY AND ASSOC INC NAPA AUTO PARTS NATIONAL CITY TROPHY NATIONAL CREDIT REPORTING O'REILLY AUTO PARTS PACIFIC TELEMANAGEMENT SERVICE PADRE JANITORIAL SUPPLIES PERRY FORD PORTILLO CONCRETE INC POWERSTRIDE BATTERY CO INC PRO BUILD WARRANT REGISTER #30 1124/2017 DESCRIPTION SB90 MANDATED COST CLAIM SERVICES FOOD 1 NUTRITION CENTER FOOD 1 NUTRITION CENTER AT&T PHONE SERVICES 1 DECEMBER 2016 AT&T PHONE SERVICES 1 DECEMBER 2016 FY 17 TAX ROLL SERVICES PLAZA BLVD. WIDENING N AVE. PROJECT TRAVEL EXPENSES / FIRE MOP#64096 SAFETY BOOTS / PW MOP#72447 AUTO SUPPLIES / PW CLASS A UNIFORM / FIRE MOP 45754. LOCKS 1 PW ACTION TRANSPORTATION PLANNING CONTRACT SERVICES 1 PW MOP#80331 AUTO PARTS / PW METROSCAN INVOICE COX SERVICES / JANUARY 2017 PARADISE CREEK ED. PROJECT WATERSOFTNER / NUTRITION MOP#76986 TIRES / PW DATA TICKET APPEALS & ON-LINE ACCESS / NSD HIGHWAY LIGHTING SERVICES / PW PLAZA BLVD. WIDENING N AVE. PROJECT CABLING AND PHONE SYSTEM SERVICES / MIS STORM WATER SERVICE FY16-17 EQUI FAX CREDIT SVC / SECTION 8 MOP#45723 SUPPLIES 1 PW PARADISE CREEK PROJECT MOP # 65179. GRAFFITI ABATEMENT SUPPLIES GTC SYSTEMS NETWORK ENGINEERING GROUP 1 SEWER DESIGN PROJECT EMPLOYEE HEALTH EXPO E. 16TH AND GROVE ST. PROJECT PARADISE CREEK REST. PROJECT MOP 04840 / INK CARTRIDGES 1 MIS MOP#75943 AUTO SUPPLIES 1 PW DETECTIVE POLICE VEHICLES TRAVEL / MILEAGE REIMBURSEMENT FAIR HSG SEMINAR / SECTION 8 MOP#45735 AUTO SUPPLIES 1 PW MOP#66556 SUPPLIES / PW CREDIT REPORTING SERVICES NOV 2016/ SEC 8 MOP#75877 AUTO PARTS 1 PW PUBLIC PHONE SERVICES / JAN 2017 JANITORIAL SUPPLIES 1 NUTRITION MOP#45703 AUTO SUPPLIES 1 PW E. 16TH ST. & GROVE PED. PROJECT MOP#67839 AUTO SUPPLIES 1 PW MOP#45707 SUF 112 CHK NO DATE AMOUNT 327089 1/24/17 3,500.00 327090 1/24/17 4,397.93 327091 1/24/17 688.82 327092 1 /24117 357.32 327093 1124/17 69.88 327094 1/24117 3,672.00 327095 1/24/17 3,284.50 327996 1/24/17 15.11 327097 1/24/17 366.35 327098 1/24/17 619.87 327099 1/24/17 619.81 327100 1/24/17 321.75 327101 1/24/17 6,248.48 327102 1/24/17 293.25 327103 1/24/17 185.92 327104 1/24/17 7,900. 00 327105 1/24/17 3,600.37 327106 1/24/17 55, 684.30 327107 1/24/17 219.50 327108 1/24/17 743.30 327109 1124/17 2,456.05 327110 1/24/17 10,225.81 327111 1/24/17 62,4.05.50 327112 1/24/17 4,580.00 327113 1/24/17 40,543.33 327114 1/24/17 278.34 327115 1/24/17 99.06 327116 1/24/17 2,265.50 327117 1/24/17 869.38 327118 1/24/17 2,400.00 327119 1/24/17 3,875.00 327120 1/24/17 300.00 327121 1/24/17 37,453.50 327122 1 /24117 7,713.40 327123 1/24/17 393.46 327124 1/24/17 162.83 327125 1/24/17 51,557.68 327126 1/24/17 18.47 327127 1/24/17 724.00 327128 1/24/17 148.62 327129 1/24/17 183.94 327130 1/24/17 114.55 327131 1/24/17 224.83 327132 1/24/17 78.00 327133 1/24/17 287.87 327134 1/24/17 88.96 327135 1/24/17 93,497.58 327136 1/24/17 71.44 327137 1 /24/17 1,204.76 98 of 488 PAYEE PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY SAM'S ALIGNMENT SAN DIEGO FRICTION PRODUCTS SDG&E SEAPORT MEAT COMPANY SHERWIN WILLIAMS SINGLETON LAW FIRM APC SMART SOURCE OF CALIFORNIA LLC SOUTHERN CALIF TRUCK STOP SPARKLETTS STAPLES BUSINESS ADVANTAGE STAPLES BUSINESS ADVANTAGE STEVENSON, S SUN, A SWRCB SYSCO SAN DIEGO INC THE LIGHTHOUSE INC U S BANK U S HEALTHWORKS VERIZON WIRELESS VISION INTERNET PROVIDERS WILLY'S ELECTRONIC SUPPLY WIRED PAYMENTS CITY NATIONAL BANK THE BANK OF NEW YORK MELLON PUBLIC EMP RETIREMENT SYSTEM SECTION 8 HAPS WARRANT REGISTER #30 1/24/2017 DESCRIPTION SEWER LINE REPLACEMENT PROJECT MOP#45742 LAUNDRY SERVICES / PW MOP#72442 AUTO SUPPLIES 1 PW MOP#80333 AUTO SUPPLIES 1 PW PROPERTY TAX 2016-2017 MEAT / NUTRITION CENTER PAINT 1 NSD LIABILITY CLAIM COSTS WINDOW ENVELOPES S8 MOP#45758 AUTO SUPPLIES / PW WATER 1 NUTRITION MOP 45704 / OFFICE SUPPLIES / CSD MOP 45704 GENERAL OFFICE SUPPLIES 1 PD WELLNESS PROGRAM REIMBURSEMENT -MILEAGE PLAZA BLVD. & PALM AVE PROJECT FOOD 1 NUTRITION CENTER MOP#45726 SUPPLIES / PW CREDIT CARD CHARGES / FIRE MEDICAL SERVICES VERIZON PHONE SERVICES / DECEMBER 2016 VISION INTERNET PAYMENT 4 MOP 45763 BATTERY/SHELF - MIS LEASE PAYMENT #27 ENERGY PROJECT HUD SECTION 108 LOAN PAYMENT SERVICE PERIOD 01/03/17 - 01/16/17 Start Date 1/18/2017 End Date 1/24/2017 CHK NO DATE 327138 1/24/17 327139 1/24/17 327140 1/24/17 327141 1/24/17 327142 1/24/17 327143 1/24/17 327144 1/24/17 327145 1/24/17 327146 1/24/17 327147 1/24/17 327148 1/24/17 327149 1/24/17 327150 1/24/17 327151 1/24/17 327152 1/24/17 327153 1/24/17 327154 1/24/17 327155 1/24/17 327156 1/24/17 327157 1/24/17 327158 1/24/17 327159 1/24/17 327160 1/24/17 A/P Total 57219 1 /20/17 61386 1 /19/17 1242017 1/24/17 2/2 AMOUNT 84.078;19 714.38 510.00 1,129.57 532.92 1,001.63 783.02 40,000.00 1,092.18 61.17 5.58 2,112.46 86,54 1,007.50 6.53 670.00 5,789.45 34.87 821.18 226.00 1,223.03 7,806.00 434.39 980,902.10 43,101.10 35,186.25 413,765.19 17,767.00 GRAND TOTAL $ 1,490,721.64 99 of 488 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE (JUVEKNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK ROBERTS, FINANC LESLIE DEESE, Oa Y MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALBERT MENDIVIL, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER TERRY 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 21st OF MARCH, 2017. AYES NAYS ABSENT 100 of 488 CC/CDC-HA Agenda 3/21/2017 — Page 101 The following page(s) contain the backup material for Agenda Item: Warrant Register #31 for the period of 01/25/17 through 01/31/17 in the amount of $1,463,890.92. (Finance) 101 of 488 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: larch 21, 2017 AGENDA ITEM NO. ITEM TITLE: Warrant Register #31 for the period of 01/25/17 through 01/31/17 in the amount of $1,463,890.92. (Finance) PREPARED BY: K. Apalategu1 PHONE: ;61 9-336-4572, EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 01/25/17 through 01/31/17. Consistent with Department of Finance, listed below are all payments above $50,000. Vendor Check/Wire Amount City of San Diego 327173 58,084.00 SDG&E 327223 67,947.66 Western Rim Constructors 327243 105,441.83 DEPARTMENT: Finapc9. APPROVED BY; 4 Explanation Dispatch Services / Fire Facilities Division Gas & Electric Utilities Park Restrooms Project FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $1,463,890.92. APPROVED: ,4 i, Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: `Ratify warrants totaling $1,463,890.92. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #31 102of488I PAYEE STATE OF CALIFORNIA ACADEMI TRAINING CENTER LLC ACE UNIFORMS & ACCESSORIES INC AETNA RESOURCES FOR LIVING ALDEMCO ALL FRESH PRODUCTS ALLAKHVERDOV ASPEN RISK MANAGEMENT GROUP BATTERIES PLUS BULBS BOB MURRAY & ASSOCIATES CALIFORNIA DIESEL COMPLIANCE CELLEBRITE USA INC CITY OF SAN DIEGO CLAIMS MANAGEMENT ASSOCIATES CNOA COUNTY OF SAN DIEGO COURTESY REFRIGERATION INC CWEA MEMBERSHIP CYNTHIA TITGEN CONSULTING INC DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DAY WIRELESS SYSTEMS DAY WIRELESS SYSTEMS DEPARTMENT OF JUSTICE D-MAX ENGINEERING ESGIL CORPORATION EXPERIAN FEDEX FLINT TRADING INC FON JON PET CARE CENTER GAMWELL, M GOVCONNECTION INC GRAINGER GUTIERREZ JR, C INDEPENDENT FORENSIC SERVICES IRON MOUNTAIN KNOX ATTORNEY SERVICE INC KREPPS, B LASER SAVER INC LEHR AUTO ELECTRIC LEXIPOL LLC LOPEZ, T LUTH AND TURLEY INC. MACIAS, J MAN K9 INC MATTHEW SENDER & CO INC 1/2 WARRANT REGISTER #31. 1/31/2017 pESCRIPTION CHK NO DATE AMOUNT SALES TAX LIABILITY / OCT - DEC 2016 327161 1/31/17 1,627.00 POLICE RANGE RENTAL 327162 1/31117 2,800.00 MOCK TURTLE NECK SHIRT 1 CSD 327163 1/31/17 29.41 EMPLOYEE ASSISTANCE PROGRAM - FEBRUARY 327164 1131/17 830.56 FOOD 1 NUTRITION CENTER 327165 1/31/17 3,280.49 FOOD / NUTRITION CENTER 327166 1/31/17 941.68 T&A #90166 REFUND 327167 1/31/17 100.00 CONTRACTING SERVICES / JANUARY 2017 327168 1/31/17 2,700.09 BATTERIES FOR TIC'S 327169 1/31/17 431.91 PROFESSIONAL SERVICES 327170 1/31/17 7,307.06 DIESEL COMPLIANCE - OPACITY TESTING 327171 1/31/17 895.00 POLICE INV CELLEBRITE SERV. 327172 1/31/17 6,385.00 DISPATCH SERVICES / FIRE 327173 1/31/17 58,084.00 PROFESSIONAL SERVICES - DECEMBER 327174 1/31/17 4,320.00 TRAINING TUITION/SB TERROR ATTACK /MEEKS 327175 1/31/17 70.00 MAIL PROCESSING SERVICES / DECEMBER 2016 327176 1/31/17 2,116.92 TIMER / PW 327177 1 /31 /17 581.14 MEMBERSHIP RENEWAL / PW WASTEWATER 327178 1/31/17 172.00 PROFESSIONAL SERVICES - JANUARY 327179 1/31/17 2,835.00 LIABILITY CLAIM COSTS 327180 1/31/17 15,675.44 LIABILITY CLAIM COSTS 327181 1/31/17 7,270.60 LIABILITY CLAIM COSTS 327182 1/31/17 3,185.50 LIABILITY CLAIM COSTS 327183 1/31/17 2,307.40 LIABILITY CLAIM COSTS 327184 1/31/17 742.00 COMMUNICATIONS EQUIP SVC / FIRE 327185 1/31/17 649.75 DEPOT REPAIR / PD 327186 1/31/17 449.57 INVESTIGATIVE SERVICES - DECEMBER 327187 1/31117 160.00 TREE PLANTING GRANT APPLC. 327188 1/31/17 9,28125 PLAN CHECKS / FIRE 327189 1131/17 3,322.80 BACKGROUND CHECKS/PD 327190 1/31/17 68.30 EL TOYON -LAS PALMAS 327191 1/31/17 29.01 STREET SIGNS / PW 327192 1/31/17 6,957.83 K9 MONTHLY BOARD AND CARE 1 PD 327193 1/31/17 805.00 CROSS BORDER VISION 2017 LUNCHEON / HOUSING 327194 1/31/17 285.00 34 IN LED LCD TV 2560X 1 MIS 327196 1/31/17 410.58 MOP# 65179. PAINT SUPPLIES / NSD 327197 1/31/17 445.93 INTERNET CRIME TRAINING ADV LODG&SUB/PD 327198 1/31/17 1,094.35 INDEPENDENT FORENSIC SERVICES / PD 327199 1/31/17 1,350.00 RECORDS MANAGEMENT & DOCUMENT STORAGE 327200 1/31/17 167.21 PROCESS OF SERVICE / CITY ATTORNEYS OFFICE 327201 1/31/17 325.80 EDUCATION REIMBURSEMENT 327202 1/31/17 630.00 TONER / CITY ATTORNEYS OFFICE 327203 1/31/17 86.95 11" CONSOLE / PW 327204 1/31/17 500.51 LAW ENFORCEMENT POLICY AND TRAINING / PD 327205 1/31/17 25,245.00 INTERPRETATION SERVICES - 01-17-17 327206 1/31/17 350.00 LIABILITY CLAIM COSTS 327207 1/31/17 588.14 TRAINING REIMBURSEMENT / MACIAS PD 327208 1/31117 137.08 MONTHLY MAINTENANCE FOR CANINE TRAINING 327209 1/31/17 3,106.80 LEGAL PUBLIC1 327210 1/31/17 291.14 103 of 488 PAYEE MELLADO DESIGNS MICHAEL BAKER INTERNATIONAL NRC ENVIRONMENTAL SERVICES OFFICE SOLUTIONS BUSINESS PALMA, A PRO BUILD PRO -EDGE KNIFE RED WING SHOES STORE S D COUNTY SHERIFF'S DEPT SAFRAN MORPHOTRUST SAN DIEGO FITNESS REPAIR SAN DIEGO GAS & ELECTRIC SDG&E SEAPORT MEAT COMPANY SMART & FINAL SMART SOURCE OF CALIFORNIA LLC SONSRAY MACHINERY LLC SPEEDPRO IMAGING STAPLES BUSINESS ADVANTAGE STAPLES BUSINESS ADVANTAGE SWEETWATER AUTHORITY SYSCO SAN DIEGO INC THE COUNSELING TEAM TIERRA WEST ADVISORS INC TRUCK VAULT INC TUFFY SECURITY PRODUCTS INC U S HEALTHWORKS UNITED PARCEL SERVICE V & V MANUFACTURING VCA EMERGENCY ANIMAL HOSPITAL WAXIE SANITARY SUPPLY WESTERN RIM CONSTRUCTORS INC WILLY'S ELECTRONIC SUPPLY YOUNG, G ZOLL MEDICAL CORP PAYROLL Pay period Start Date 29 1/17/2017 WARRANT REGISTER #31 1/31/2017 DESCRIPTION CS410 NAVY BLUE, CORNERSTONE FOLDS / NSD PROFESSIONAL CONSULTANT EMERGENCY ENVIRONMFNTAL SERVICES WORKFIT ANTI -FATIGUE FLOOR MAT / HOUSING NOTARY FILING FEE AND RECORDING FEE 4 - LOCK EXTENSION CORD 25' KNIFE SHARPENING SERVICE / NUTRITION SAFETY BOOTS / PW CAL ID PROGRAM / PD INVESTIGATIVE SERVICES - DECEMBER COMMERCIAL TREADMILLS / FIRE GAS & ELECTRIC UTILITY SERVICES / NUTRITION FACILITIES DIVISION GAS & ELECTRIC UTILITIES MEAT / NUTRITION CENTER MOP 45756/OFF!CE SUPPLIES/HR MOP 63845 - OFFICE SUPPLIES: BUSINESS CA AUTO EQUIPMENT TEXT FOR EACH SIDE OF THE VEHICLES MOP 45704 POLICE OFFICE SUPPLIES MOP 45704 - OFFICE SUPPLIES/PLANNING FACILITIES DIVISION WATER BILL FY 2017 FOOD / NUTRITION CENTER EMPLOYEE SUPPORT SERVICES AMORTIZATION/PLANNING 2016 TOYOTA HIGHLANDER POLICE TRUCK VAULT 253-01-P TACTICAL SECURITY LOCK BOX MEDICAL SERVICES UPS MONTHLY CHARGES POLICE BADGES EMERGENCY ANIMAL HOSPITAL / PD MISCELLANEOUS JANITORIAL SUPPLIES / PW PARK RESTROOMS PROJECT MOP 45763. SUPPLIES FOR FIRE REIMBURSEMENT SHADOW BOX FOR CITY ATTRY PEDIATRIC SENSOR / FIRE End Date Check Date 1/30/2017 2/8/2017 GRAND TOTAL 2/2 CHK NO DATE AMOUNT 327211 1/31/17 207.36 327212 1/31/17 30,655.00 327213 1/31/17 12,750.87 327214 1/31/17 1,597.89 327215 1/31/17 69.00 327216 1/31/17 522.58 327217 1/31/17 46.00 327218 1/31/17 250.00 327219 1/31/17 7,734.00 327220 1/31/17 10.00 327221 1/31/17 6,291.78 327222 1/31/17 2,015,34 327223 1/31/17 67,947.66 327224 1P31/17 551.85 327225 1/31/17 17.35 327226 1/31/17 222.36 327227 1/31/17 841,15 327228 1/31/17 791.48 327229 1/31/17 1,905.55 327230 1/31/17 127.11 327232 1/31/17 23,999.71 327233 1/31/17 1,478.24 327234 1/31/17 800.00 327235 1/31/17 1,480,00 327236 1 /31/17 1,583.64 327237 1/31/17 4,844.50 327238 1/31/17 910.00 327239 1/31/17 152.50 327240 1/31/17 304.26 327241 1/31/17 2,106.13 327242 1/31/17 163.69 327243 1/31/17 105,441.83 327244 1/31/17 63.87 327245 1/31/17 87.00 327246 1/31/17 783,66 A/P Total 462,148.4T 1,001,741.45 $1,463,890.92 104 of 488 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF '1HE 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. LIj MARK ROBERT , FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR-CHAI'RMAN ALBERT MENDIVIL, VICE -MAYOR ALF.JANDRA 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 21" OF MARCH, 2017. AYES NAYS ABSENT 105 of 488 CC/CDC-HA Agenda 3/21/2017 — Page 106 The following page(s) contain the backup material for Agenda Item: Public Hearing - Appeal of a Planning Commission Denial of a Conditional Use Permit for a Wholesale Used Auto Sales Business with Accessory Auto Repair, Detail, and Outdoor Storage at 2000 Roosevelt Avenue (Case File No.: 2016-10 CUP) (Planning) 106 of 488 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 21, 2017 ITEM TITLE: 1Public Hearing — Appeal of a Planning Commission Denial of a Conditional Use Permit for a Wholesale Used Auto Sales Business with Accessory Auto Repair, Detail, and Outdoor Storage at 2000 Roosevelt Avenue. (Case File No.: 2016-10 CUP) AGENDA ITEM NO. PREPARED BY: !Michael Fellows DEPARTMENT: PHONE: `619-336-4315 APPROVED BY: EXPLANATION: The applicant (Perry Ford) is appealing the Planning Commission's decision to deny a Conditional Use Permit (CUP) application to operate a wholesale automobile sales business with accessory auto repair, detail, and outdoor storage (new and used) at 2000 Roosevelt Avenue. The appeal is based on new information. Planning Department staff discovered that Perry Ford was operating an automotive repair garage and vehicle storage lot, without a business license or zoning approvals, after staff was approached for information to legalize a carport constructed without a building permit at the site. To remedy the circumstance, a Perry Ford representative submitted a CUP application for the above described use. The attached background report describes the proposal in detail. At their meeting of November 7, 2016, the Planning Commission determined that the proposal was not consistent with the General Plan, Westside Specific Plan, neighboring residential development (Westside lnfill Transit Oriented Development), and that the use would not improve environmental health for nearby residents. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: 1N/A1 ORDINANCE: INTRODUCTION: I I I FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: !Staff recommends that the City Council disaffirm the denial and approve a modified CUP limiting the business to wholesale auto sales, new car preparation, new / used car storage, and employee parking. I BOARD / COMMISSION RECOMMENDATION: The Planning Commission denied the Conditional Use Permit application. Ayes: Baca, Bush, Flores, Garcia, Sendt, Yamane Nays: DelaPa ATTACHMENTS 1. ;Background Report 2. Overhead 3. Public Hearing Notice 4. Applicant's Plans 5. Past Site Plan (full project and focused) 6. Permit and Certificate of Occupancy 7. Planning Commission Resolution 2016-14 8. Recommended Conditions of Approval; 107 of 488 BACKGROUND REPORT Site Characteristics The subject property is located at 2000 Roosevelt Avenue in the Westside Specific Plan (WSP) area, Limited Commercial (CL) zone. The property has three street frontages; the east side of Hoover Avenue, north side of East 21 st Street, and west side of Roosevelt Avenue. It is located across Hoover Avenue from the Westside Infill Transit Oriented Development (WITOD) project and across Roosevelt Avenue from the Perry Ford dealership. The property is a 1.6-acre lot that is developed with an approximately 4,000 square -foot warehouse building and an asphalt parking lot that provides 178 parking spaces. History Planning Department staff discovered that Perry Ford was operating an automotive repair garage and vehicle storage lot without a business license or zoning approvals when staff was approached for information to legalize a carport constructed without a building permit at the site. The applicant had been issued a Stop Work Order by a Code Conformance Officer for construction of the carport. Subsequent research found no permits to convert the auto repair garage from a warehouse building (last approved use) to an auto repair garage, including installation of automotive lifts and an automotive detail area. The applicant also could not provide any approvals for conversion of the warehouse to an auto repair building and indicated that the property had been operated that way prior to their purchase of the property. To remedy the circumstance, a Perry Ford representative submitted a Conditional Use Permit (CUP) application for wholesale auto sales with accessory automobile repair and storage. The Planning Commission denied the CUP application based the use being inconsistent with the Westside Specific, health concerns, and proximity to residential development. Perry Ford has since appealed the CUP denial, hence this application. New Information Additional information has been discovered since the Planning Commission's CUP denial. Planning Department staff found that building permit plans for Perry Ford's new car dealership show the subject property. One site plan (Attachment S) shows the site being used for new car preparation, new- and used -car vehicle storage, and employee parking. Landscape and irrigation plans for the dealership's permit also show improvements at the subject property that appear to have been completed. The applicant has also provided a Certificate of Occupancy for a permit that is described on the application to include, "replace existing plumbing and add one sand and grease trap". The permit application and Certificate of Occupancy are included (Attachment C). 108 of 488 ATTACHMENT 1 While the new information may show intent to use the property as an accessory use to the dealership, this information does not sufficiently establish the existing use as a legal use, since the property lacks a business license or other approvals. Request The applicant has submitted an application and paid required fees ($3,710) to appeal the Planning Commission's CUP denial for the wholesale automobile sales business with accessory auto repair, detail and outdoor storage (new and used) based on the new information described in the staff report and provided in the attachments. The proposed hours of operation would be from 7:30 a.m. to 5:30 p.m. Monday to Friday. The business would have six employees. Construction at the site would include the legalization of vehicle lifts, the 20-foot by 40-foot carport constructed without a building permit, and changes required by the Building and Fire Code to convert the warehouse to an auto repair garage. Analysis General Plan The General Plan Land Use designation for this area is the Westside Specific Plan. If approved, the wholesale automobile sales use would support Perry Ford's adjacent retail sales location and provide six additional jobs, which is consistent with General Plan Land Use Policies LU-1.5 and LU-5.1: Policy LU-1.5: Consider the effects of land use proposals and decisions on the region and efforts to maintain a jobs -housing balance. Policy LU-5.1: Support, stimulate, and foster increased activity of existing businesses within the city through the establishment of mixed -use areas that will promote activity during more hours of the day. Westside Specific Plan The applicable Westside Specific Plan zone for the property is Limited Commercial (CL), which allows automobile sales as a conditionally permitted use, hence this application. While auto repair and storage are not individually allowed in this zone, the uses may be permitted accessory to automotive sales because they customarily operate in conjunction with an auto sales lot. 109 of 488 Wholesale auto sales typically have less impact than retail sales because there are generally fewer customers and customers are mostly retail dealers, not the general public. In this case, Perry Ford expects few customers at this site because most transactions will primarily occur at their retail location on National City Boulevard. While the automotive wholesale use will not complement the WITOD project, the wholesale auto sales should have little impact on the project. The proposed auto repair garage is located on the opposite side of the lot, approximately 200 feet from the WITOD project. The Planning Commission could choose to add conditions requiring a screening fence and denser landscaping along Hoover Avenue to help reduce the visual impacts on the new development. Also, a condition could be added requiring the applicant close vehicular access to the wholesale business from Hoover Avenue to reduce traffic impacts. Landscaping Existing landscaping on the site helps screen the storage yard from exterior properties, including the WITOD project currently under construction, which will ultimately provide 201 residential units. However, the landscaping needs restoration and maintenance. Ground cover that appears to have been a combination of bark and ice plant now provides little ground cover. The many trees on the site need trimming, and some trees have died likely from a lack of irrigation. Trash was also observed in the landscaped areas. A Condition of Approval has been added requiring the landscape areas around the property be restored, trees trimmed, trash cleaned up, and that an irrigation system either be installed, or if existing, demonstrated as operable. Restoration includes providing ground cover and replacing dead trees on the property with newly planted trees. A Condition of Approval has also been added that ail trees should remain unless their removal is first approved by the Planning Department. Planning Commission Denial At their meeting of November 7, 2016, the Planning Commission determined that the proposal was not consistent with the General Plan, Westside Specific Plan, neighboring residential development (Westside Infill Transit Oriented Development), and that the use would not improve environmental health concerns for nearby residents. Public Comment Seven speakers were against the project including members of the Environmental Health Coalition. There primary concern was the impact of the auto repair use on the nearby residential development. 110 of 488 Planning Commission denied the CUP based on the findings below: 1. The proposed use is inconsistent with the General Plan and the Westside Specific Plan, because the proposed accessory automobile repair, storage, and detail uses are inconsistent with uses established in Appendix "A" of the Westside Specific Plan for properties located in the Limited Commercial (CL) zone. 2. The operating characteristics of the proposed activity would not be compatible with the existing and tuture land uses in the vicinity, because the accessory automobile repair, storage, and detail uses are incompatible with adjacent residential development. Furthermore, the City's amortization program within the Westside Specific Plan Area is focused on amortizing businesses whose primary activities are the same as the accessory uses proposed in this case. 3. Granting the permit would 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 automobile repair, storage, and detail uses would not contribute to the improvement of environmental health conditions for residents in the area, which is encouraged by Guiding Principal No. 2 of the Vision and Guiding Principles section of Chapter 1 of the Westside Specific Plan. Planning Department Recommendation The Planning Department had recommended that the Planning Commission approve the proposed used based on the required findings: The Municipal Code contains required findings for CUPs. There are six required findings: 1. The proposed use is allowable within the applicable zoning district pursuant to a CUP and complies with all other applicable provisions of the Land Use Code. The Westside Specific Plan permits automobile sales in the CL zone subject to a CUP and the accessory uses (repair, detail, and storage) are customarily found in conjunction with a wholesale automobile sales use. Furthermore, use of the property as an automobile sales lot complies with all other provisions of the Westside Specific Plan and the Land Use Code. 111 of 488 2. The proposed use is consistent with the General Plan and any applicable specific plan, The General Plan designates this area as being within the Westside Specific Plan Area. The property is zoned CL, which conditionally allows automobile sales, hence this application. Also, the proposal is consistent with General Plan Policies LU-1.5 and LU-5.1 since the proposal would create jobs and supports an existing employer. 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 wholesale automobile sales use will utilize both the site and industrial building as it is currently developed, except for improvements within the building and the non -permitted carport addition, which will be legalized. Furthermore, the 1.6 acre lot far exceeds any minimum lot area requirement in the Westside Specific Plan. 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 proposal for wholesale automobile sales is on a property that is developed and was previously used by industrial uses. The carport addition is the only expansion proposed (will require building permits to legalize) to the building, which already has access and utilities. 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 wholesale automobile sales use would operate on a property that is developed for and previously used by industrial uses. The use would utilize the existing building and parking lot, which already has access and utilities. The 1.6 acre lot size is suitable for the use and far exceeds any lot area requirements for any use in the City. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act. Staff has determined that the proposed use is categorically exempt from environmental review pursuant to Class 3 Section 15303 (New Construction or Conversion of Small 112 of 488 Structures), for which a Notice of Exemption will be filed subsequent to approval of this CUP. This class of exemption applies to the addition to structures of less than 2,500 square feet, which this project is consistent. Department and Agency Comments The application was routed to the Building, Fire, and Engineering departments. Comments were received from the Fire Department requiring that the applicant submit fire sprinkler plans and install fire sprinklers and alarms in the building. Also, both Fire and Building departments required the project to be designed and constructed to current Code editions. This requirement is applicable to al! existing construction that was completed without required permits. The Engineering Department had no comments regarding the application. Conditions of Approval Standard Conditions of Approval have been included with this permit, as well as conditions requiring that fire sprinklers and alarms be installed. Planning Department staff had added conditions related to the accessory uses and landscaping on the property, as discussed earlier in the report. Conditions also require that activities would operate under one business license. Summary A modified wholesale automobile sales use consistent with past building permit site plans (attachment B) is consistent with the General Plan because the proposed use would create jobs, support an existing employer, and support efforts to reduce the unemployment rate. it is aiso consistent with the General Plan because the subject property is designated for a specific plan, and the Westside Specific Plan zones the property for limited commercial uses that includes auto sales as a conditionally permitted use. OPTIONS 1. Modify the Planning Commission's CUP Denial based on Findings and Conditions to be determined by the City Council. 2. Affirm the Planning Commission's CUP Denial that the proposed use is not allowed based on the Planning Commission's Findings. 3. Disaffirm the Planning Commission's Denial and allow the proposed use based on staff's recommended Findings, subject to recommended Conditions of Approval. 113 of 488 2016-10 CUP — Perry Ford Wholesale Automobile Sales — Overhead 114 of 488 ATTACHMENT 2 CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 phone Michael R. Della, 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, March 21, 2017, in the City Council Chambers, 1243 National City Blvd., National City, CA., to consider an: APPEAL OF A CONDITIONAL USE PERMIT DENIAL FOR A WHOLESALE USED AUTO SALES BUSINESS WITH ACCESSORY AUTO REPAIR, DETAIL, AND OUTDOOR STORAGE LOCATED AT 2000 ROOSEVELT AVENUE 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 at, or prior to, the Public Hearing. The Planning Commission conducted a Public Hearing at their meeting of November 7, 2016 and voted to deny the Conditional Use Permit by a 6 to 1 vote. • March 9, 2017 Michael Dalla, CMC City Clerk 115 of 488 ATTACHMENT 3 mum (41 tJ Wholesale Auto Sales, with Accessory, Auto Repair, Auto Detail, and Outdoor Auto Storage laitglaa srpeftr torage Lot -traFamer- "a4;4oemOr 2C- -+-17.4nAlkagt::.A1VC .ad' • . : apostur 41.1..eab. propo-dc.o.pe -14.mws14.•ttire:•10-4=. • r 7144 - rh•a01.14 • J ;TT -1479num, *rm. 1,4%ktV —wasaLual f---7104wIrt7. • 4it. 21- rUMW. 311; le.P4MILAINI.L.blie.igrair/sasneme..110.3).k. : 10.14 .;•••7:: . islasts, pm* 54.!voifverercl 0...rld A:11141W. .. • -44rittrive— .04414-i42.1AI&LeeekeLbiromiik lj 1-• -:tortamoraoaarst.„•:::- atuaite ft..: rgesortnavatumormarzooklitliatiC Nbetilkiek 110111tadowa hisSoptclo.an /*no a•re• fleralmisec Mimes alolgImb 41adt.....a Pt Orat....11:173 1.0 al 116 of 488 ATTACHMENT 4 2000 Roosevelt Ave r..._ Parts, Supplier. 1 Roll -up Doom 1 3' ata Closet Reatroam go O Restroom . l? 13 (°--10='---► 4 owe 120' 20' Storage Roam 1 /4'"-2'6" 1 -- .20' ----►I 4 • 117 of 488 t A 011=1.:p .w: r sue► mimic smenr as ' `• wawa ,..... we ..--._. 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IA1 �'1! trFS a�_ %k +.m Sty P • 122 of 488 Item no. 10 December 5, 2016 RESOLUTION NO. 2016-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT FOR WHOLESALE AUTOIUIOBtLE SALES, ACCESSORY AUTO REPAIR, DETAIL, AND OUTDOOR STORAGE LOCATED AT 2000 ROOSEVELT AVENUE. CASE FILE NO.: 2016-10 CUP APN: 590-392-11 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for wholesale automobile sales, accessory auto repair, detail, and outdoor storage at Perry Ford located at 2000 Roosevelt 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. 2016-10 C UP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on November 7, 2016, support the following findings: 1. The proposed use is inconsistent with the General Plan and the Westside Specific Plan, because the proposed accessory automobile repair, storage, and detail uses are inconsistent with uses established in Appendix "A" of the Westside Specific Plan for properties located in the Limited Commercial (CL) zone. 2. The operating characteristics of the proposed activity would not be compatible with the existing and future !and uses in the vicinity, because the accessory automobile repair, storage, and detail uses are incompatible with adjacent 123 of 488 ATTACHMENT 7 residential development. Furthermore, the City's amortization program within the Westside Specific Plan Area is focused on amortizing businesses whose primary activities are the same as the accessory uses proposed in this case. 3. Granting the permit would 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 automobile repair, storage, and detail uses would not contribute to the improvement of environmental health conditions for residents in the area, which is encouraged by Guiding Principai No. 2 of the Vision and Guiding Principles section of Chapter 1 of the Westside Specific Plan. 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 flied 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: NAYS: ABSENT: ABSTAIN: CHAIRPERSON 124 of 488 RECOMMENDED CONDITIONS OF APPROVAL 2016-10 CUP, 2000 Roosevelt Avenue General 1. This Conditional Use Permit authorizes wholesale auto sales with accessory new car preparation, detail, outdoor vehicle storage (new and used), and employee parking consistent Attachment B at 2000 Roosevelt 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. 2016-10 CUP, dated g/ 10/2016). 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 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 Section 18.12.040 of the Municipal Code. Building 5. Plans submitted for improvements prior to December 31st 2016 must comply with the 2013 edition of the California Building, Electrical, Fire, Plumbing, and Mechanical Codes. Plans submitted from January 1, 2017 shall be subject to the 2016 edition of the California Building, Electrical, Fire, Plumbing, and Mechanical Codes. Fire 6. A fire sprinkler and alarm system must be designed, approved, installed, and tested to code for this facility. 125 of 488 ATTACHMENT 8 7. Prior to installation, an application for a fire sprinkler and alarm system must be submitted to and approved by the Fire Department. 8. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA). Planning 9. The appiicant must obtain a business license for this permit to be considered exercised. 10.The applicant must improve landscaping on the site by providing ground cover, trimming trees, and replacing (lead trees. Also an irrigation system designed to City standards must be installed, or if existing demonstrated operable prior to business license issuance. No living trees shall be removed unless first approved by the Planning Department. 11.This permit is approved for wholesale automobile sales and approved accessory uses. This permit must be modified if the current or future applicants or owners wish to operate a retail automobile sales business on the subject property. 12.The new car preparation, detail, and vehicle storage uses must remain accessory to a wholesale dealership. No separate business licenses shall be approved for these uses unless the zone changes to allow the uses. 13.The business must maintain a wholesale dealer license with the California Department of Motor Vehicles (DMV) at all times. Failure to maintain such a license will constitute a violation of the Conditional Use Permit. 126 of 488 CC/CDC-HA Agenda 3/21/2017 — Page 127 The following page(s) contain the backup material for Agenda Item: Public Hearing No. 1 of 2 for the U.S Department of Housing and Urban Development (HUD) 2017-2018 Annual Action Plan and the allocation of 2017-2018 HUD entitlement grant funds, program income, unallocated funds, and funds remaining from completed project 127 of 488 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 21, 2017 AGENDA ITEM NO. ITEM TITLE: Public Hearing No. 1 of 2 for the U.S Department of Housing and Urban Development (HUD) 2017-2018 Annual Action Plan and the allocation of 2017-2018 HUD entitlement grant funds, program income, unallocated funds, and funds remaining from completed projects to Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program activities proposed for 2017-2018 Annual Action Plan. PREPARED BY: Angelita Palir`a!Comm. Dev. Specialist 11 PHONE: (619) 336-4219 EXPLANATION: See attachment number one for explanation. DEPARTMENT: Housing & Economic Dev. Dept. APPROVED FINANCIAL STATEMENT: APPROVED: ` -t✓7� Finance ACCOUNT NO. APPROVED:"! Based on previous year allocations we anticipate receiving approximately $800,000 in CDBG and $260,000 in HOME Program funds for FY 2017-2018. In addition, the City will reprogram to FY 2018 $5,004 in program income and $88,310 of CDBG funds from completed projects. The City wiil also reprogram to FY 2018 $151,967 in HOME program income received, $442,127 remaining from previously completed projects, and $1,399 in uncommitted funds. ENVIRONMENTAL REVIEW: Not applicable. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Conduct the Public Hearing and approve recommendations for the CDBG and HOME funding allocations from the sources identified in the Financial Statement above. BOARD I COMMISSION RECOMMENDATION: Not applicable to this report. ATTACHMENTS: Attachment No. 1: Explanation Attachment No. 2: FY 2017-2018 Action Plan Funding Recommendations Attachment No. 3: Notice of Public Hearing Attachment No. 4: 2015-2019 Overview of Consolidated Plan Priorities and Goals 128 of 488 I Attachment No. 1 Explanation Third -Year Action Plan for FY 2018 In accordance with the federal regulations at 24 CFR, Part 91, the City of National City (City) is required to prepare and submit an Annual Action Plan for its Housing and Community Development Entitlement Programs funded by the U.S. Department of Housing and Urban Development (HUD). The Third -Year Action Plan for FY 2017-2018 outlines how the City intends to spend an estimated $800,000 in federal Community Development Block Grant (CDBG) and $260,000 in federal HOME investment Partnerships (HOME) Program entitlement funds. In addition to the funding sources noted above, the City will reprogram $5,004 in program income and $88,810 remaining from previously completed projects for CDBG as well as reprogram $151,967 in HOME program income received, $442,127 remaining from previously completed projects, and $1,399 in uncommitted funds. The City was awarded additional HOME funds for the FY 2017 program year in the amount of $1,399 to be applied to FY 2018 activities. Additionally the City will also substitute HOME funds appropriated in FY 2016 and FY 2017 to the First -Time Homebuyer Program for CHDO activities in FY 2018 and reallocate HOME funds from previous year activities to FY 2016 and 2017 activities to cover the substituted funds. A second Public Hearing will be conducted at the regularly scheduled City Council meeting on May 2, 2017 to review public comments received during a 30-day public review period from March 27, 2017 through April 26, 2017, on the draft 2017-2018 Annual Action Plan; and to provide interested persons and community groups with one last opportunity to share their thoughts regarding the Plan and the CDBG and HOME Program activities being proposed for FY 2017- 2018. After all pubiic comments have been considered at the Public Hearing on May 2, 2017, the City Council will adopt the Third -Year Action Plan. 129 of 488 Attachment No. 2 FY 2017-2018 City of National City Community Development Block Grant and HOME Investment Partnerships Program Action Plan Funding Recommendations CDBG Entitlement (Estimated): CDBG Reallocation: CDBG Program Income 2016: Total CDBG funds available: $800,000 HOME Entitlement (Estimated): $260,000 $88,810 HOME Reallocation: $442,127 $5,004 HOME Program Income 2016: $151,967 $893,814 HOME Uncommitted funds: $1,399 CHDO Reallocation FY16 & FY17 74,211 Total HOME funds available: $929,704 # Applicant Name Program Name Activity Request Minimum Request FY 2017 Staff Recommendation FY 2017 Allocation Community Development Block Grant (CDBG) Program Public Service Funds Available: $120,000 (estimated) 1 National City Public Library Literacy Services $ 52,000 $ 52,000 $ 44,000 $ 44,370 2 Community Services Department Casa de Salud Youth Afterschool Program $ 34,645 $ 31,532 $ 31,000 $ 27,500 3 Police Department (Sponsoring South Bay Community Services) NCPD Support Service: Domestic Violence Response Team $ 20,000 $ 20,000 $ 20,000 $ 19,349 4 Community Services Department Tiny Tots $ 25,305 $ 25,305 $ 25,000 $ 29,337 5 Fire Department (Sponsoring Trauma Intervention Programs of San Diego County, Inc.) Trauma Intervention Program $ 8,975 $ 8,975 $ - $ - Public Service Total: $ 88,925 $ 85,812 $ 120,000 $ 76,186 Non -Public Services Funds Available: $613,314 (estimated) 6 Housing & Asset Management Housing Inspection Program $ 156,447 $ 154,447 $ 154,755 $ 156,447 7 Fire Department Fire Station 34 Section 108 Loan Payment Fiscal Year 2016 - 2017 $ 458,559 $ 458,559 $ 458,559 $ 436,887 Non -Public Service Total: $ 615,006 $ 613,006 $ 613,314 $ 593,334 Planning and Administration Funds Available: $160,000 (estimated) 8 Housing & Asset Management CDBG Program Administration $ 125,242 $ 119,000 $ 119,000 $ 125,242 9 Housing & Asset Management(Sponsoring CSA San Diego County) Fair Housing and Tenant -Landlord Education $ 41,000 $ 41,000 $ 41,000 $ 35,500 Planning & Admin Total: $ 166,242 $ 160,000 $ 160,000 $ 160,742 CDBG Total: $ 870,173 $ 858,818 $ 893,314 $ 830,262 130 of 488 Attachment No. 2 FY 2017-2018 City of National City Community Development Block Grant and HOME Investment Partnerships Program Action Plan Funding Recommendations CDBG Entitlement (Estimated): CDBG Reallocation: CDBG Program Income 2016: Total CDBG funds available: $800,000 HOME Entitlement (Estimated): $260,000 $88,810 HOME Reallocation: $442,127 $5,004 HOME Program Income 2016: $151,967 $893,814 HOME Uncommitted funds: $1,399 CHDO Reallocation FY16 & FY17 74,211 Total HOME funds available: $929,704 # Applicant Name Program Name Activity Request Minimum Request FY 2017 Staff Recommendation FY 2017 Allocation HOME Investment Partnerships (HOME) Program Project Funds Available: $888,507 (estimated) 10 South Bay Community Services Tenant Based Rental Assistance $ 442,127 $ 442,127 $ 442,127 11 San Diego Habitat for Humanity Acquisition Rehabilitation for Home Ownership Program $ 372,169 $ 372,169 $ 372,169 12 First -Time Homebuyer Program FY16 & FY17 funds to supplant CHDO funds $ - $ - $ 74,211 Total: $ 814,296 $ 814,296 $ 888,507 Planning & Administration Funds Available: $41,197 (estimated) 13 Housing & Asset Management HOME Program Administration $ 41,197 $ 41,197 $ 41,197 $ 45,832 HOME Total: $ 855,493 $ 855,493 $ 929,704 The entitlement award for Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program is estimated. U.S Department of Housing and Urban Development (HUD) has not release allocations for fiscal year (FY) 2017-2018. Staff has proposed a ranking of all Public Service applications for consideration by City Council. Funding commitments to any activity will depend on the ability to fund with the actual award made to the City by HUD. When funds are applied by rank, if there is an activity that can be partially funded with a remainder, staff will consider the feasibility of an award to the activity. If staff considers the activity infeasible then the remaining funds will not be appropriated until the next allocation cycle. The City Manager will review and accept the final funding commitments as directed by the City Council. For Non -Public Service and Planning and Administration Activities if there is an increase or decrease in the entitlement funds award amounts to the Housing Inspection Program and CDBG Program Administration will be increased or decreased proportionately. If the entitlement award is reduced for the HOME Program each new activity will be reduced proportionally. If there is an increase in funding the TBRA program and Planning and Administration (10% of entitlement) will be increased proportionally. 131 of 488 Attachment No. 3 PUBLIC NOTICE CITY OF NATIONAL CITY FIRST PUBLIC HEARING FOR THE DRAFT FISCAL YEAR 2017-18 ANNUAL ACTION PLAN In accordance with the federal regulations at 24 CFR, Part 91, the City of National City (City) is required to prepare and submit an Annual Action Plan for its Housing and Community Development Entitlement Programs funded by the U.S. Department of Housing and Urban Development (HUD). The 2015-2019 Consolidated Plan outlines the City's housing and non -housing community development needs and priorities over five years. The Action Plan for Fiscal Year (FY) 2017-2018 outlines how the City intends to spend approximately $800,000 in federal Community Development Block Grant (CDBG) and approximately $260,000 in federal HOME Investment Partnerships (HOME) Program entitlement funds. In addition to the funding sources noted above, the City anticipates reprogramming $88,810 and $442,127 from CDBG and HOME activities respectively and allocating program income earned from previous years to FY 2018. The City will also substitute HOME funds appropriated in FY 2016 and FY 2017 to the First -Time Homebuyer Program for CHDO activities in FY 2018 and reallocate HOME funds from previous year activities to FY 2016 and 2017 activities to cover the substituted funds. The City was awarded additional HOME funds for the FY 2017 program year in the amount of $1,399 to be applied to FY 2018 activities. Notice is hereby given that the City Council of the City of National City will hold the first of two Public Hearings on Tuesday. March 21, 2017 at 6:00 p.m. The purpose of the Public Hearing is provide the opportunity for public comment on the recommendations made to City Council for funding of the CDBG and HOME Program activities for FY 2017-2018 Action Plan. The Consolidated Plan is available for review on the City's website www.nationalcityca.gov/cdbg-home. Hardcopies are available at the office of the City Clerk (1243 National City Boulevard, National City, CA 91950) and at the Housing and Economic Development Department (140 E. 12 Street Suite B, National City, CA 91950). A second Public Hearing will be conducted at the regularly scheduled City Council meeting on May 2, 2017 to review public comments received during a 30-day public review period (March 27 through April 26, 2017) of the draft FY 2017- 2018 Annual Action Plan; and to provide interested persons and community groups with one last opportunity to share their thoughts regarding the Plan and the CDBG and HOME Program activities being proposed for FY 2017 - 2018. After all public comments have been considered at the Public Hearing on May 2, 2017, the City Council will adopt the FY 2018 Action Plan and proposed CDBG and HOME Program funding recommendations. Public participation is an essential part in the development of the Annual Action Plan. Interested persons and community groups are invited to attend and participate at these hearings. Both Public Hearings will be held at the City of National City, City Hall Council Chambers, located at 1243 National City Boulevard, National City, CA 91950. For more information regarding this process, please contact the Housing and Grant Division at (619) 336- 4391. Hearing impaired persons please use the CAL Relay Service Number 711. City facilities are wheelchair accessible. 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. Asistencia en Espanol: Para que le interpreten la information en espa iol,'lame al (619) 336-4391. Leslie Deese, City Manager City of National City March 6, 2017 132 of 488 Attachment No. 4 2015-2019 Overview of Consolidated Plan Priorities and Goals U.S. Department of Housing and Urban Development (HUD) fund the Housing and Community Development entitlement Programs Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) Programs. A requirement of these programs is a five-year Consolidated Plan. Below is a summary of the priorities and goals identified in the Plan's Needs Assessment Overview. The City has extensive housing and community development needs. CDBG and HOME funds alone are not adequate to address the numerous of needs identified during the public outreach process and summarized in the Needs Assessment and Market Analysis of this Consolidated Plan. Recognizing the national objectives of the CDBG and HOME programs and specific program regulations, the City intends to use CDBG and HOME funds to coordinate programs, services, and projects to create a decent and suitable living environment to benefit low -moderate income households and those with special needs. Use of CDBG and HOME funds will focus on some of most critical needs in National City, based on the following goals and priority needs: Goal: Provide Decent and Affordable Housing • Priority: Conserve and Improve Existing Affordable Housing - Assistance to aid in the rehabilitation of single-family and multi -family housing units. Acquisition, with or without rehabilitation of multi -family projects. - Conservation of affordable housing at risk of converting to market -rate housing. ▪ Priority: Provide Homeownership Assistance Assistance to low -moderate income households to achieve homeownership. Assistance to developers for the acquisition and re -sale of housing units to low - moderate income homebuyers. • Priority: Assist in the Development of Affordable Housing - Assistance to developers in the development of affordable housing, including acquisition, land assemblage, construction, conversion, purchase of affordability covenants, or other mechanisms. Goal: Promote Equal Housing Opportunity • Priority: Promote Equal Housing Opportunity Promote fair housing services provided by the City's fair housing services provider. Comply with fair housing planning requirements (as identified in the Analysis of Impediments to Fair Housing Choice). Goal: Support Initiatives that Reduce Homelessness • Priority: Support Initiatives that Reduce Homelessness - Tenant based rental assistance that targets families at risk of homelessness. Participate in the San Diego County Regional Task Force on the Homeless (RTFH) to assess needs and coordinate efforts to address needs. 133 of 488 Attachment No. 4 Goal: Provide Community Facilities and Infrastructure • Priority: Provide for Community Facilities and infrastructure Provide for new and improve existing community facilities and infrastructure. These may include, but are not limited to: parks and recreation facilities; fire equipment; facilities prioritized on the City's ADA Transition Plan; community facilities; and public streets, sidewalks, curbs, rights -of -way. - Periodically assess the need for and (when determined to be warranted) pursue Section 108 loans for large-scale public improvement and revitalization projects. Goal: Provide Community and Supportive Services • Priority: Provide Community and Supportive Services Provide for a variety of community and supportive services, with special emphasis on crime awareness and prevention programs such as code enforcement, services for the homeless, seniors, at -risk youth, the disabled, and other persons with special needs. 134 of 488 CC/CDC-HA Agenda 3/21/2017 — Page 135 The following page(s) contain the backup material for Agenda Item: An Ordinance of the City Council of the City of National City amending Title 11 of the National City Municipal Code by amending Chapter 11.70 regulating taxicab and other for -hire vehicles through adoption of San Diego Metropolitan Transit System (MTS) co 135 of 488 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 21, 2017 AGENDA ITEM NO. ITEM TITLE: An Ordinance of the City Council of the City of National City amending Title 11 of the National City Municipal Code by amending Chapter 11.70 regulating taxicab and other for -hire vehicles through adoption of San Diego Metropolitan Transit System (MTS) codified Ordinance No. 11. PREPARED BY: George H. Eiser, III DEPARTMENT: City Attorney PHONE: 336-4222 APPROVED BY: EXPLANATION: Please see attached memorandum. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: NIA ORDINANCE: INTRODUCTION: X FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Introduce proposed Ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Memorandum Proposed Ordinance 1 136 of 488 I Mayor Ron Morrison Council Members Jerry Cano Alejandra Sotelo-Solis Mona Rios Albert Mendivil - CALIFORNIA NATIONAL CIn ° S` v 1 Senior Assistant City Attorney INCORPORATED Nicole Pedone 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: March 21, 2017 FROM: Interim City Attorney SUBJECT: Ordinance Amending Chapter 11,70 of the Municipal Code to Provide for Licensing and Regulation of Taxicabs and Other For -Hire Vehicles by the Metropolitan Transit System Prior to July, 1991, the licensing and regulation of taxicabs and other for -hire vehicles operating within National City was performed by the National City Police Department. From July, 1991 through December, 2004, the Metropolitan Transit Development Board ("MTDB") performed the licensing and regulation functions pursuant to an Agreement between the City and MTDB. In December, 2004, the City Council enacted Ordinance No. 2004-2256, adding Chapter 11.70 to the National City Municipal Code, which authorized the licensing and regulation of taxicabs and other for -hire vehicles by the City. These functions have been performed by the City since that time. The proposed ordinance would amend Chapter 11.70 of the Municipal Code to once again provide for the licensing and regulation of taxicabs by the Metropolitan Transit System, the successor entity to MTDB after the 2005 merger of MTDB, San Diego Transit, and the San Diego Trolley. The amended Chapter 11.70 would provide for the administration and enforcement by MTS of regulations, policies, and ordinances for taxicabs and other for -hire vehicles operating within National City, including the collection and administration of all regulatory fees, fines, and forfeitures. The licensing and regulation of taxicabs within the City would be governed by MTS Codified Ordinance No. 11. However, the amended Chapter 11.70 would specifically provide that licensing and regulation by MTS does not exempt the licensees from City business tax requirements and payment of fees pursuant to Chapter 6.04 of the Municipal Code. A companion item on the agenda would authorize the Agreement between the City and MTS, wherein MTS agrees to provide the licensing and regulation of taxicabs and other for -hire vehicles for the City. Finally, to implement the transfer of the licensing and regulation functions to MTS, the City Manager would send a letter to the Sheriff's Department, requesting that the Department perform checks to ensure operators seeking permits from MTS hold valid National City business tax licenses. n George H. tiser, III Interim City Attorney 1243 National City Boulevard; National City, California 91950-4397 Tel.: (619) 336-4220 Fax (619) 336-4327 137 of 488 ORDINANCE NO. 2017 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 11 THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 11.70 REGULATING TAXICABS AND OTHER FOR -HIRE VEHICLES THROUGH ADOPTION OF SAN DIEGO METROPOLITAN TRANSIT SYSTEM (MTS) CODIFIED ORDINANCE NO. 11 BE IT ORDAINED by the City Council of the City of National City that Title 11 of the National City Municipal Code is amended by amending Chapter 11.70, to read as follows: Chapter 11.70 Taxicabs and Other For -Hire Vehicles Sections: 11.70.010 Purpose 11.70.020 Definitions 11.70.030 Regulatory Administration by contract with Metropolitan Transit System 11.70.10 Purpose. The purpose of this chapter is to provide for the regulation of taxicabs and other for -hire vehicles within the City of National City through adoption of San Diego Metropolitan Transit System ("MTS") Codified Ordinance No. 11, and to implement the provisions of Public Utilities Code Section 120266 by contract with MTS to license or regulate transportation services with the City of National City. 11.70.020 Definitions. The definitions set forth in Section 1.1 of San Diego Metropolitan Transit System Codified Ordinance No. 11 shall govern this Chapter. 11.70.030 Regulatory administration by contract with Metropolitan Transit System. Notwithstanding the City's right to regulate taxicabs and other for -hire vehicles within its jurisdiction, the city council, by resolution currently in effect or as may be adopted from time to time, has authorized a contract with San Diego Metropolitan Transit System ("MTS") for the administration and enforcement by MTS of regulations, policies and ordinances for taxicabs and other for -hire vehicles operated within the city, including collection and administration of all applicable regulatory fees, fines and forfeitures. While that contract is in effect, the applicable regulations, policies and ordinances of MTS, including MTS Codified Ordinance No. 11, as now in effect or as may be amended from time to time, shall govern the operation of taxicabs and other for -hire vehicles within the city. Licensing of a taxicab and other for -hire vehicle or the operator or owner by MTS does not exempt the licensee from city business tax license requirements and payment of fees pursuant to Chapter 6.04. A copy of MTS Codified Ordinance No. 11 is on file in the office of the City Clerk. [Signature Page to Follow] 138 of 488 PASSED and ADOPTED this day of , 2017. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ordinance No. 2017 — Ron Morrison, Mayor Page 2 of 2 Amending NCMC Chapter 11.70 Regulating Taxicabs and Other For -Hire Vehicles 139 of 488 CC/CDC-HA Agenda 3/21/2017 — Page 140 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 San Diego Metropolitan Transit System (MTS) to license and regulate for -hire vehicles operating in the City of National City at no cost to the 140 of 488 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 21, 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 San Diego Metropolitan Transit System to license and regulate for -hire vehicles operating in the City of National City at no cost to the City. PREPARED BY: Mark Roberts, Director of Finance DEPARTMENT: Finance� PHONE: 619-336-4265 APPROVED BY: L% ,ear EXPLANATION: At its regular meeting on October 18, 2016, the City Council directed staff to negotiate an agreement with San Diego Metropolitan Transit System ("MTS") to license and regulate for -hire vehicles operating in the City of National City. With this agenda item, staff requests approval of the agreement and authorization for the Mayor to execute the agreement. There is no direct cost to the City associated with execution of the agreement. However, a negative impact of $390, the current annual business tax revenue received from taxi operators, may be incurred, if for -hire vehicle operators do not comply with the City's business tax license requirement. In conjunction with this action, staff will request the San Diego County Sheriffs Department to perform National City business tax license checks of operators applying for MTS for -hire vehicle permits. FINANCIAL STATEMENT: ACCOUNT NO. No direct cost associated with execution of the agreement. Maximum revenue loss of $390 (permit revenue). ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: `-/ ,- Finance APPROVED: MIS STAFF RECOMMENDATION: Adopt the resolution, authorizing the Mayor to execute the agreement with San Diego Metropolitan Transit System. BOARD / COMMISSION RECOMMENDATION: NA ATTACHMENTS: 1. MTS agreement 2. October 18, 2016 staff report 3. Resolution 141 of 488 AGREEMENT FOR ADMINISTRATION OF TAXICAB AND OTHER FOR -HIRE VEHICLE REGULATIONS BETWEEN SAN DIEGO METROPOLITAN TRANSIT SYSTEM AND CITY OF NATIONAL CITY THIS AGREEMENT is entered into by and between the City of National City, a municipal corporation, 1243 National City Boulevard, National City, CA (herein called "CITY"), and the San Diego Metropolitan Transit System, a public agency, 1255 Imperial Avenue, Suite 1000, San Diego, CA (herein called "MTS"), in view of the following recitals, which are a substantive part of this Agreement: RECITALS A. MTS is authorized under Section 120266, Chapter 2, Division 11 of the California Public Utilities Code (PUC), to enter into contracts to regulate transportation services within a city in its area of jurisdiction; B. CITY is within MTS's jurisdiction created January 1, 1976, under Section 120050, et seq., Chapter 2, Division 11 of the PUC; C. CITY regulated taxicab and other for -hire vehicles in accordance with the National City Municipal Code, Chapter 11.70; and D. CITY desires that MTS regulate taxicabs and other for -hire vehicles and services such as charter vehicles, sight-seeing vehicles, nonemergency medical vehicles, and jitney vehicles pursuant to PUC Section 120266 and in accordance with MTS Ordinance No. 11, "An Ordinance Providing for the Licensing and Regulating of Transportation Services Within the City" NOW THEREFORE, in consideration of the mutual covenants and conditions contained in this Agreement, CITY and MTS agree as follows: 1. MTS will administer and enforce its taxicab and other for -hire vehicles Ordinance policies and regulations as in effect on March 21, 2017, and as thereafter from time to time amended by MTS, and thereby regulate such taxicab and other for -hire vehicles and transportation services rendered wholly within the CITY's corporate limits during the period of March 21, 2017 through June 30, 2019, pursuant to PUC Section 120266. 2. MTS will collect and administer all such regulatory fees, fines, and forfeitures as now or hereafter provided by the MTS Taxicab and Other For -Hire Vehicles Ordinance No. 11 policies, and regulations. 3. The CITY Manager and MTS Chief Executive Officer may supplement this agreement by executing a Memorandum of Understanding relative to administrative and operating procedures of taxicab and other for -hire vehicles regulation and to provide for reimbursable staff and legal support services. 142 of 488 4. This Agreement shall be effective upon execution by the City and MTS and shall continue until written notice of termination. This Agreement may be terminated at any time by either party upon 180 days' written notice to the other party. IN WITNESS THEREOF, this Agreement is executed by the CITY acting by and through its Mayor pursuant to Council Resolution No. 2017- , and by MTS acting through its Chief Executive Officer. Dated this 21st day of March, 2017. CITY OF NATIONAL CITY SAN DIEGO METROPOLITAN TRANSIT SYSTEM Ron Morrison Mayor Paul C. Jablonski Chief Executive Officer WE HEREBY APPROVE the form of the foregoing Agreement. George H. Eiser III Office of the General Counsel Interim City Attorney Date: Date: Attest: Michael R. Dalla, City Clerk 143 of 488 + CALIFORNIA NATIONAL CITY ALAV INCORPORATED City Council Staff Report October 18, 2016 ITEM Staff report seeking City Council direction regarding administration of the City of National City's taxicab and other for -hire paratransit vehicle program. PURPOSE The purpose of this report is to seek the City Council's direction regarding the licensing and regulation of taxicabs and other for -hire paratransit vehicles (collectively referred to as "for -hire vehicles" through the remainder of this staff report) operating within National City, including authorizing negotiation of the transfer of the administration of the for -hire vehicle program to the San Diego Metropolitan Transit System, negotiation of an agreement with the San Diego County Sheriff's Department to perform checks to ensure operators seeking MTS permits hold National City business licenses, and preparation of amendments and/or repeals of the relevant sections of the National City Municipal Code. At the December 10, 2013 City Council meeting, the City Attorney and Director of Administrative Services delivered a staff report regarding the status of the for -hire vehicle program and the City's options with respect to the future administration of the program. A copy of the report is included with this agenda item for your reference, and information from said report pertinent to this discussion and subsequent recommendations is referenced in this report. BACKGROUND Prior to July 1991, the licensing and regulation of for -hire vehicles operating within National City was performed by the National City Police Department. From July 1991 through December 2004, the Metropolitan Transit Development Board ("MTDB") licensed and regulated the operation of for -hire vehicles in the City, pursuant to an agreement between the City and MTDB. In January 2005, the responsibility was returned to the City. The City Council elected not to extend the term of its agreement with MTDB, by approval of Resolution 2004-233 on December 21, 2004, in part, due to MTDB's limitation on the number of taxicab operation permits it could issue in National City. On the same date, via Resolution 2004-232, the City Council authorized the issuance of permits to allow the three companies permitted to operate sixty-five taxis within the City of National City under the expiring agreement with MTDB to continue to operate the same numbers of taxis upon submission of permit applications and payment of annual permit 144 of 488 Page 2 Staff report seeking City Council direction regarding administration of the City of National City's taxicab and other for -hire paratransit vehicle program October 18, 2016 fees. Shortly thereafter (date unknown), the City Council authorized a total of twenty additional permits for two companies, increasing the number of permits available to eighty-five (for five companies), although the total issued peaked at seventy-five. In anticipation of the termination of the MTDB agreement, the City Council adopted Ordinance No. 2004-2256, enacting Municipal Code Chapter 11.70 providing for the licensing and regulation of transportation services within the City. On that same date, the Council approved Resolution 2004-230, approving the implementation of regulations for paratransit vehicles. Since the City resumed administration of the for -hire vehicle program, permitting has been performed by the National City Department of Finance. Field enforcement of for -hire vehicle regulations falls to the National City Police and Neighborhood Services Departments. In 2005, MTDB, San Diego Transit, and the San Diego Trolley consolidated into one entity, the Metropolitan Transit System ("MTS"). On November 10, 2014, the City Council of the City of San Diego voted to eliminate the limit on the number of taxicab operating permits available from MTS. DISCUSSION Service As discussed above, the City of National City currently has self-administered its for -hire vehicle program since January 2005. While the City Council of the City of National City has approved a "soft" limit of eighty-five taxicab permits, the number of permits issued peaked at seventy-nine in 2006 and has declined to six today. MTS administers the for -hire vehicle programs of seven cities in San Diego County — San Diego, El Cajon, Imperial Beach, La Mesa, Lemon Grove, Poway, and Santee. Presently, approximately one thousand two hundred taxis are operated under MTS authority, all of which may conduct business in any city with an MTS agreement. (These totals do not include vehicles authorized to operate at the San Diego International Airport, which separately issues permits for taxicab operation on airport premises, or those permitted by the San Diego County Sheriff's Department for the unincorporated areas of the County, although there likely is "overlap," i.e., vehicles operating with permits from more than one issuer.) Regulations & Enforcement The National City Municipal Code ("the NCMC") requires for -hire vehicles to meet stringent standards for vehicular safety, signage or markings, fees, internal and external aesthetics, and driver appearance. However, at current staffing levels, it is operationally burdensome for City staff to conduct inspections to ensure such vehicles operating in National City are in conformance with those standards. MTS's for -hire vehicle regulations are similar to those of National City, and MTS's resources allow it to carry out administration and enforcement 145 of 488 Page 3 Staff report seeking City Council direction regarding administration of the City of National City's taxicab and other for -hire paratransit vehicle program October 18, 2016 functions more efficiently than the City of National City and the seven cities for which it currently performs them. Revenue Permitting Section 11.70.030 of the National City Municipal Code, requires that a permit be obtained from the City and renewed annually for each for -hire vehicle operated. The City receives a fee of one hundred dollars for each permit renewal, which currently results in annual revenue (from the currently permitted taxis) of six hundred dollars. Other, higher fees and charges apply to first- time permit applicants and to presently authorized operators applying for additional vehicle permits, but no application has been received from a new operator or from an operator requesting an additional permit(s) since August 2006. Notwithstanding the amounts currently or potentially collected, permit revenues are offset by the for -hire vehicle program's expenses, in accordance with the provision of the California Constitution (Ca1.Const. Art. 13C, § 1) prohibiting a charge imposed by a local government from exceeding the reasonable administrative and regulatory costs of the associated program. Hence, there may be, and is, no net financial benefit to the City from these revenues. Business Tax Licensing In addition to requiring a permit, the NCMC dictates that a National City business tax license be acquired for each taxi operating within the City (NCMC §§ 6.04.260[A] and 6.04.310[A]). The tax applicable to taxicab operators is sixty-five dollars (per vehicle) per year, resulting in annual revenue of three hundred ninety dollars from the six presently permitted cabs. (The aforementioned constitutional restriction does not apply to taxes.) The business tax obligation of for -hire vehicle operators is not predicated upon whether vehicle permits are issued by the City; therefore, this revenue would remain receivable if administration of the for -hire vehicle program were transferred to MTS. Under an agreement with a city for which MTS administers the for -hire vehicle program, the San Diego County Sheriff's Department will perform checks to ensure operators seeking MTS permits hold business licenses from that city. Cost The cost to the City of the for -hire vehicle program as presently administered is negligible and, as noted above, is offset by permit fees and charges collected. There would be no cost associated with an agreement with MTS to administer the program nor with an agreement with the San Diego County Sheriff's Department to perform business tax license checks. 146 of 488 Page 4 Staff report seeking City Council direction regarding administration of the City of National City's taxicab and other for -hire paratransit vehicle program October 18, 2016 CONCLUSION As noted above, the City lacks the resources to adequately inspect taxicabs, operators, and drivers or to otherwise effectively enforce its for -hire vehicle regulations. Entering into an agreement with MTS authorizing it to regulate for -hire vehicles operating within National City limits would ensure more effective performance of these functions. In addition, six taxis operate within the City today, while one thousand two hundred operate under MTS authority in seven other cities in southwestern San Diego County. Therefore, if National City is added to the cities in which MTS-permitted taxis may operate, substantially more cabs would be able to conduct business in the City and service likely would improve. Finally, should the City Council decide in favor of MTS regulation, the negative financial impact on the City, if any, would be insignificant, given for -hire vehicle permit fee revenue and the administrative expenses of the program balance "wash" and business tax revenue is nominal. However, since it is likely more taxicab operators would conduct business within National City and business tax revenue would remain receivable, revenue could increase, depending upon operator compliance. Entering an agreement with the San Diego County Sheriff's Department to perform business license checks would increase the likelihood of compliance and overall revenue at no additional cost to the City. RECOMMENDATIONS Staff recommends the City Council direct staff to: • negotiate an agreement with the San Diego Metropolitan Transit System to license and regulate for -hire vehicles operating in the City of National City; • negotiate an agreement with the San Diego County Sheriff's Department to perform National City business tax license checks of operators applying for San Diego Metropolitan Transit System for -hire vehicle permits; and • prepare amendment(s) and/or repeal(s) of the National City Municipal Code section(s) applicable to for -hire vehicle businesses, as necessary. FISCAL IMPACT At this time, it is not possible to determine the net impact of approval of the above recommendations, as it would be dependent upon the number of taxicab operators choosing to conduct business within National City and their compliance with the City's business tax license requirement. However, the potential negative impact would be three hundred ninety dollars, the current annual business tax revenue received from taxi operators, which would be lost if operators do not comply with the City's business tax license requirement. NEXT STEPS If the above recommendations are approved, staff will contact MTS and the San Diego County Sheriff's Department to begin negotiation of the terms of the necessary agreements. Concurrently, staff will undertake the preparation of the necessary amendments and/or repeals of NCMC sections applicable to for -hire vehicles. 147 of 488 Page 5 Staff report seeking City Council direction regarding administration of the City of National City's taxicab and other for -hire paratransit vehicle program October 18, 2016 ATTACHMENTS Attachment 1 — December 10, 2013 Staff Report of City Attorney and Director of Administrative Services Attachment 2 — May 21, 1991 Staff Report of Chief of Police Attachment 3 — NCMC Chapter 6.04 Sections (260 and 310) — Business Tax License Attachment 4 — NCMC Chapter 11.70 — Regulation and Licensing of Transportation Services 148 of 488 RESOLUTION NO: 2017 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH SAN DIEGO METROPOLITAN TRANSIT SYSTEM TO LICENSE AND REGULATE FOR -HIRE VEHICLES OPERATING IN THE CITY OF NATIONAL CITY AT NO COST TO THE CITY WHEREAS, the City of National City desires to enter into an Agreement with the Metropolitan Transit System (MTS) to administer and enforce its taxicab and other for -hire vehicles policies and regulations in effect as of March 21, 2017, and as thereafter from time to time amended by MTS, and thereby regulate such taxicab and other for -hire vehicles and transportation services rendered wholly within National City's city limits during the period of March 21, 2017 through June 30, 2019, pursuant to Public Utilities Code Section 120266, and in accordance with MTS Ordinance No. 11, "An Ordinance Providing for the Licensing and Regulating of Transportation Services Within the City"; and WHEREAS, there is no direct cost to the City associated with the Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the Mayor to execute an Agreement with San Diego Metropolitan Transit System to administer and enforce National City's taxicab and other for -hire vehicles policies and regulations in effect as of March 21, 2017, and as thereafter from time to time amended by MTS, and thereby regulate such taxicab and other for -hire vehicles and transportation services rendered wholly within National City's city limits during the period of March 21, 2017 through June 30, 2019, pursuant to Public Utilities Code Section 120266, and in accordance with MTS Ordinance No. 11, "An Ordinance Providing for the Licensing and Regulating of Transportation Services Within the City" Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 21 st day of March, 2017. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ron Morrison, Mayor 149 of 488 CC/CDC-HA Agenda 3/21/2017 — Page 150 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving a Side Letter Agreement to Article 26 (Company -Level Staffing) of the Memorandum of Understanding (MOU) between the City and the National City Firefighters' Association. (Human Resource 150 of 488 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 21, 2017 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving a Side Letter Agreement to Article 26 (Company - Level Staffing) of the Memorandum of Understanding (MOU) between the City and the National City Firefighters' Association. PREPARED BY: Stacey Stevenson PHONE: 336-4308 EXPLANATION: See Attached DEPARTMENT: Human Resources APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. Fiscal Impact Statement attached. APPROVED: ` � Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution approving the Side Letter Agreement to Article 26 of the labor agreement with the National City Firefighters' Association BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Side Letter Agreement, FFA Article 26 Resolution 151 of 488 EXPLANATION On September 20, 2016, the City Council of the City of National City voted unanimously to authorize the Fire Department to execute a pilot program through which two person squads will be stationed in El Toyon Park, providing needed emergency service coverage to the Northeast portion of the city and allowing for more efficient deployment of resources for medical emergencies and small fires. Subsequent to the September 20th meeting, staff from the Fire, Engineering and Human Resources Departments have been working on the development of the program. The matter currently before the City Council is the approval of the side letter agreement between the City and the Firefighters' Association outlining the provisions of the pilot program including staffing, equipment, facility and furnishings and outcomes. Fiscal Impact Based upon facility and site improvement estimates received by the Fire and Engineering & Public Works Departments and operating costs estimated by staff, the projected one-year impact of the fire squad pilot program will be approximately $592,100. The General Fund impact will be $473,900, which includes a personnel cost increase of $127,600 to account for temporary appointments of affected staff to higher classifications and overtime. The General Fund total also includes the vehicle cost of $21,200, which will continue annually for ten years, irrespective of the continuation of the program. $73,200 of the total will be funded by grant monies currently appropriated and/or available, and development impact fee funds will offset $45,000 of the total cost. The initial Vehicle Replacement Fund ("VRF") impact, which already has been incurred and, therefore, is not included in the above total, was $184,900; however, the VRF will be replenished for this cost over ten years by the annual payments from the General Fund, which also will include a reserve buildup charge to account for the increased cost of the future replacement vehicle, if purchased. 152 of 488 :eALIPO M1A.*o TI- �LV �o[�d�iM 6A SIDE LETTER TO MEMORANDUM OF UNDERSTANDING BETWEEN NATIONAL CITY FIREFIGHTERS' ASSOCIATION, AND THE CITY OF NATIONAL CITY [March, 20171 PILOT SQUAD PROGRAM Pursuant to the provisions of the Meyers-Milias-Brown Act ("MMBA"), effective March 22, 2017 this Side Letter of Agreement is entered into between the City of National City of National City ("City") and the National City Firefighters' Association ("FFA") ("Side Letter Agreement") as an amendment to the Memorandum of Understanding ("MOU") effective July 1, 2015 through June 30, 2018. The FFA and the City are collectively referred to herein as the "Parties". It is understood and agreed that the specific provisions contained in the Side Letter Agreement shall supersede any previous agreements, whether oral or written, regarding matters contained herein. Except as provided herein, all wages, hours and other terms and conditions of employment presently enjoyed by the FFA shall remain in full force and effect. The parties have met and conferred in good faith concerning the terms and conditions of this Side Letter Agreement and its implementation and agree that the following language will be added to Article 26 of the MOU in its entirety. This side letter will serve both as a supplement to Article 26 of the MOU and as the controlling document related to the staffing and administration of the City's Pilot Squad Program. ARTICLE 26: COMPANY -LEVEL STAFFING Section 6 Minimum daily staffing shall not be less than eleven (11) personnel comprised of two (2) engine companies, one (1) truck company and one (1) Battalion Chief. Section 9 The City and FFA agree to implement a one year pilot squad program. The objective of the pilot program is to provide advanced life support, limited fire suppression, incident command, and ancillary functions during larger emergencies. The goals of the program include but are not limited to: a. reduce response times by 90 seconds to the northeastern section of the city; 30 seconds overall b. improve cardiac arrest survivability rates 153 of 488 Side Letter to MOU Between the City and FFA Pilot Squad Program March, 2017 Page 2 c. reduce the mileage on the Department's engines and trucks by 20% d. lower fuel and maintenance costs. The duration of the pilot squad program shall be one year from the date of implementation. Staffing: a. During the one year pilot program, minimum daily staffing shall be no less than thirteen (13) personnelcomprised of two (2) engine companies, one (1) truck, one (1) Battalion Chief and one (1) two -personnel squad. b. The two -personnel squad shall be staffed by (1) Firefighter with paramedic certification and (1) Fire Captain through the temporary promotion of (3) Fire personnel to the rank of Fire Engineer and (3) Fire personnel to the rank of Fire Captain. c. The total authorized staffing for the Department shall remain at the budgeted level of 39 sworn Fire personnel. Implementation of the squad pilot program shall not serve as a basis for increasing staffing levels. d. Should the pilot program be terminated early or at the end of the one year period, all personnel temporarily promoted as a result of the pilot program shall be demoted to their previous ranks with no administrative or disciplinary appeal rights under City of National City Civil Service Rules or the Firefighters Bill of Rights. Should the program be terminated and individuals are demoted, time served in the promoted positions shall be counted with regards to pay step increases and towards probationary time period if personnel are promoted back to the position, provided the gap in service from the date of demotion and subsequent promotion is no more than 2 years. Equipment: The City agrees to procure a medium duty truck configured with a rescue body capable of transporting advanced life support equipment, fire suppression pump with 150 gallons of water for small incipient fires, and other specialized rescue equipment deemed necessary by the Director of Emergency Services. Facility and Furnishings: The City agrees to provide a temporary mobile home facility in El Toyon Park with furnishings deemed necessary by the Director of Emergency Services including furnishings for the kitchen/dining areas, bedrooms, exercise area, restroorns and showers an office and day room. Outcomes: The City reserves the right to discontinue the pilot program at any time during the one year pilot provided the City follow met & confer process with FFA on the termination of the program. If the pilot program is still in operation, the City and FFA agree to initiate meetings to assess the effectiveness of the program no later than the beginning of the ninth (9th) month of the pilot period. Factors to be considered may include but are not limited to: 154 of 488 Side Letter to MOU Between the City and FFA Pilot Squad Program March, 2017 Page 3 a. reduced response times b. improved cardiac arrest survivability rates c. reduce the mileage on the department's engines and trucks d. lower fuel and maintenance costs for fire apparatus e. Economic impact. By the end of the eleventh (1 ith) month of the pilot period the City will determine, at its discretion, whether to: • discontinue the program • extend the duration of the pilot program • adopt the squad program A Brian Krepps TENTATIVE AGREEMENT 155 of 488 RESOLUTION NO: 2017 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A SIDE LETTER AGREEMENT TO ARTICLE 26 (COMPANY -LEVEL STAFFING) OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE NATIONAL CITY FIREFIGHTERS' ASSOCIATION WHEREAS, on September 20, 2016, the City Council voted unanimously to authorize the National City Fire Department ("NCFD'') to execute a Squad Pilot Program through which two person squads will be stationed in El Toyon Park, providing needed emergency service coverage to the northeast portion of the City, and allowing for more efficient deployment of resources for medical emergencies and small fires; and WHEREAS, a Side Letter Agreement between the City and the Firefighters' Association (FFA) is required to outline the provisions of the pilot program, including staffing, equipment, facility and furnishings, and outcomes. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves a Side Letter Agreement to Article 26 (Company -Level Staffing) of the Memorandum of Understanding between the City of National City and the National City Firefighters' Association that outlines the provisions of the pilot program, including staffing, equipment, facility and furnishings, and outcomes. PASSED and ADOPTED this 21 st day of March, 2017, ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ron Morrison, Mayor 156 of 488 CC/CDC-HA Agenda 3/21/2017 — Page 157 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the establishment of an appropriation in the amount of $318,751 from General Fund - Fund Balance, toward the development and issuance of all necessary bid documents including but not 157 of 488 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: 'March 21, 20171 AGENDA ITEM NO. ITEM TITLE: 1Resoiution of the City Council of the City of National City authorizing the establishment of an appropriation iri the amount of $318,751 from General Fund - Fund Balance, toward the development and issuance of all necessary bid documents including but not limited to site preparation and a 12 month lease of a mobile home trailer; and authorizing the appropriation of Development Impact Fees for the Police Department in the amount of $45,000 to offset the costs of the covered parking structure as part of the Squad Pilot Program at El Toyon Park for a total cost of $363,751. (Fire) PREPARED BY: (Frank Parra DEPARTMENT: PHONE: E619-336-4551 APPROVED BY: EXP LANATION: Per Resolution No. 2016-145, the City Council authorized the development and implementation of a 1-year Squad Pilot Program designed to enhance public safety and the efficiency of the National City Fire Department. The Squad Pilot Program will utilize a medium -duty response vehicle housed at a satellite station at El Toyon Park that would be staffed 24 hours a day, 7 days a week, by a two person crew. Accordingly, staff now brings forward the establishment of an appropriation in the amount of $318,751 toward the development and issuance of all necessary bid documents including but not Limited to site preparation, such as underground water, sewer, and electrical. We also bring forward the cost of a 12 month lease of a mobile home trailer that includes a comprehensive list of needed furnishings, beds, desks, chairs, and appliances. In addition, the National City Police Department would like to incorporate $45,000 in Development Impact Fees to offset the costs of the covered parking structure. The parking structure would be used to cover the squad vehicle and Police Department's mobile command vehicle. The total cost of the Squad facility is $363,751. FINANCIAL STATEMENT: APPROVED: 6, e ACCOUNT NO. 001-417-047-503-0000 — 001-412-125-268-0000 — 001-409-500-598-XXXX 325-409-500-598-XXXX ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: Furniture Rentals and Leases — CIP — General Fund — PD DIF APPROVED: Fund Balance FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve the resolution. BOARD ! COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Resolution No. 2016-145 2. Fire Squad 33 Annex Budget Estimate 3. Resolution 158 of 488 RESOLUTION NO. 2016 — 145 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE DEVELOPMENT AND IMPLEMENTATION OF A ONE-YEAR SQUAD PILOT PROGRAM DESIGNED TO ENHANCE PUBLIC SAFETY AND THE EFFICIENCY OF THE FIRE DEPARTMENT, AND TO EVALUATE THE EFFECTIVENESS OF AN ALTERNATIVE SERVICE DELIVERY MODEL WHEREAS, In 2009, the City of National City retained the services of Citygate Associates, LLC, to conduct a Fire Service Standards of Response Coverage Deployment Study to provide recommendations for emergency service delivery improvements; and WHEREAS, one of the primary findings of this study identified a coverage gap in the northeast section of National City and recommended adding a 3rd Fire Station to this affected area; and WHEREAS, emergency services are currently provided to these residents by National City Fire Department and by units from the City of San Diego Fire Rescue Department, which are amongst the busiest in their Department and cannot be relied upon to be available when needed, resulting in extended response times for our residents; and WHEREAS, in 2015, National City's average response times for medical emergencies to the affected neighborhoods in the northeast section of the city exceeded the national standard specified in National Fire Protection Association Code and Standards; and WHEREAS, with the cooperation of the National City Firefighters' Association (NCFFA), staff developed the concept of a one-year Squad Pilot Program, which is a proven service delivery model nationwide currently implemented throughout California where the Program has shown a noticeable decrease in response times, thereby improving overall service delivery; and WHEREAS, the Squad Pilot Program will consist of a medium -duty response vehicle housed at a satellite station within the northeast section of National City that would be staffed twenty-four hours a day, seven days a week, by a two person crew; and WHEREAS, this unit will be designed to provide advanced life support, limited fire suppression, incident command, and ancillary support functions during larger emergencies providing an enhanced response capability to aid the residents of National City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the development and execution of a Squad Pilot Program designed to enhance public safety and the efficiency of the National City Fire Department by implementing and evaluating the effectiveness of an alternate service delivery model, including the following: A. Completion of the meet and confer process through which the specific terms of the one year pilot and evaluation of said pilot will be negotiated. B. Development and issuance of all necessary bid documents including but not limited to site preparation, and structure and vehicle purchases. 159 of 488 Resolution No. 2016 — 145 Page Two C. The appropriation of funds for: 1. Facility: Lease a mobile home ($250,000 inclusive of site improvements) 2. Vehicle: Purchase a medium duty truck ($163,435) 3. Staffing: Restructuring the Fire Department staffing to support a Squad by the use of fund balance ($150,000) 4. Furnishings: Purchase necessary furnishings for a Squad response station by the use of fund balance ($14,000) 5. Equipment: Purchase necessary equipment for a Squad through a public safety grant ($25,000) PASSED and ADOPTED this 20'h day of Septe orrison, Mayor ATTEST: 4 Michael R. Dalla, ' ity Clerk A ROVED A TO F tl, ��►1�!� r I CI'.*dia Gacitua City Attorney Passed and adopted by the Council of the City of National City, California, on September 20, 2016 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios. Nays: None. Absent: Councilmember Sotelo-Solis. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California A City Clerk of the City o%National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2016-145 of the City of National City, California, passed and adopted by the Council of said City on September 20, 2016. City Clerk of the City of National City, California By: Deputy 161 of 488 FS 33 Annex Budget Estimate Trailer Unit 12 month lease $2,118 $25,416 Shade Structure $70,539 Site Fence $43,700 Gate $26,000 Pedestrian Gate $1,000 Water line $9,500 Backflow $1,500 Sewer lateral $14,000 Electric service $5,000 Communications $3,000 Site paving $61,000 Demo Trash enclosures $2,000 Construct new trash enclosure $5,000 Remove/demo light poles $1,200 Subtotal $268,855 Contingency 10% $26,885 Prof Svcs, Permits, Plans 20% $53,771 Furnishings (beds, desks, chairs, appliances, etc.) $14,240 $363,751 162 of 488 RESOLUTION NO: 2017 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ESTABLISHMENT OF AN APPROPRIATION IN THE AMOUNT OF $318,751 FROM THE GENERAL FUND FUND BALANCE, TOWARD THE DEVELOPMENT AND ISSUANCE OF ALL NECESSARY BID DOCUMENTS, INCLUDING, BUT NOT LIMITED TO, SITE PREPARATION AND A 12-MONTH LEASE OF A MOBILE HOME TRAILER; AND AUTHORIZING THE APPROPRIATION OF DEVELOPMENT IMPACT FEES FOR THE POLICE DEPARTMENT IN THE AMOUNT OF $45,000 TO OFFSET THE COSTS OF THE COVERED PARKING STRUCTURE AS PART OF THE SQUAD PILOT PROGRAM AT EL TOYON PARK FOR A TOTAL COST OF $363,751 WHEREAS, on September 20, 2016, the City Council adopted Resolution No. 2016-145, authorizing the development and implementation of a one-year Squad Pilot Program designed to enhance public safety and the efficiency of the National City Fire Department; and WHEREAS, the Squad Pilot Program will utilize a medium -duty response vehicle housed at a satellite station at El Toyon Park that would be staffed 24 hours a day, 7 days a week, by a two person crew. WHEREAS, an appropriation in the amount of $318,751 is necessary for the development and issuance of all necessary bid documents, including, but not limited to, site preparation, such as underground water, sewer, and electrical, and the cost of a 12 month lease of a mobile home trailer that includes a comprehensive list of needed furnishings, beds, desks, chairs, and appliances; and WHEREAS, an appropriation of Development Impact Fees for the Police Department in the amount of $45,000 is necessary to offset the costs of the covered parking structure that will be used to cover the squad vehicle and Police Department's mobile command vehicle, for a total cost of $363,751 for the Squad facility. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes an appropriation in the amount of $318,751 from the General Fund Fund Balance, toward the development and issuance of all necessary bid documents, including, but not limited to, site preparation, such as underground water, sewer, and electrical, and the cost of a 12 month lease of a mobile home trailer that includes a comprehensive list of needed furnishings, beds, desks, chairs, and appliances. BE IT FURTHER RESOLVED that the City Council hereby authorizes the appropriation of Development Impact Fees for the Police Department in the amount of $45,000 to offset the costs of the covered parking structure as part of the Squad Pilot Program at El Toyon Park for a total cost of $363,751. [Signature Page to Follow] 163 of 488 Resolution No. 2017 — Page Two PASSED and ADOPTED this 21st day of March, 2017. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ron Morrison, Mayor 164 of 488 CC/CDC-HA Agenda 3/21/2017 — Page 165 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 Willdan Financial Services to conduct a Comprehensive User Fee Study, Full Cost Allocation Plan, and Internal Service Fund Allocation Study for 165 of 488 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 21, 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 Willdan Financial Services to conduct a Comprehensive User Fee Study, Full Cost Allocation Plan, and Internal Service Fund Allocation Study for the period of March 21, 2017 through March 20, 2018 with one additional one-year option with a not -to -exceed amount of 844,145. PREPARED BY: Frank Parra DEPARTMENT: PHONE: 619-336-4661 APPROVED BY: EXPLANATION: See attached staff report. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS Funds available through prior City Council appropriations Expenditure No. 001-409-000-650-9011 (Fee Study) ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution, authorizing the Mayor to execute the agreement with Willdan Financial Services to conduct a Comprehensive User Fee Study, Full Cost Allocation Plan, and Internal Service Fund Allocation Study for the period of March 21, 2017 through March 20, 2018 with one additional one-year option with a not -to -exceed amount of $44,145. BOARD 1 COMMISSION RECOMMENDATION: NA ATTACHMENTS: 1. Staff Report 2. Willdan Financial Services Agreement 3. Resolution 166 of 488 + CALIFORNIA NATIONAL CITY ALAV INCORPORATED User Fee Study Staff Report Item Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement with Willdan Financial Services to conduct a Comprehensive User Fee Study, Full Cost Allocation Plan, and Internal Service Fund Allocation Study for the period of March 21, 2017 through March 20, 2018 with one additional one-year option. Background On July 15, 2008, City Council adopted the City's User Fee Schedule. Municipal governments throughout the state are still faced with limited financial resources, while striving to maintain high standards of service to their communities. In light of this, it is critical for cities to ensure that their fees for requested services have been developed or updated to ensure maximum appropriate cost recovery, so that the revenues generated by fees cover the cost of those services to the best extend possible. A "user fee" is a charge for service provided by a governmental agency to the public. Several laws such as Proposition 4, 13, 26, and 28 set parameters under which the user fees can be established and administered by local government. It has been determined that adjustments in user fees in many instances are necessary to close the gap between current fees and actual service costs. User fees charged by local agencies may not exceed the estimated reasonable cost of providing the service for which the fee is charged. As previously stated, the last time the City conducted a User Fee Study was in 2008, but a Cost Allocation Plan was developed in 2013 and Internal Service Fund Allocation charges was developed internally, and last updated in 2012. In order to bridge the service cost gap, City staff issued a request for proposals (RFP) to qualified consulting firms for a Comprehensive User Fee Study, Full Cost Allocation Plan, and Internal Service Fund Allocation Study. The RFP was issued on November 2, 2016, with a due date of December 14, 2016. Request for Proposals The purpose of the RFP was to ensure that the City is utilizing comprehensive overhead rates and accurately accounting for the full cost of providing various programs and services within City operations. In addition, it is the City's goal to have a well -documented and defensible cost allocation plan that will incorporate appropriate general and administrative cost allocations into the budget; identify overhead rates that can be used in the calculation of billable hourly rates for grants, fees, federal reimbursements, and other billings. Lastly, the City would like to adopt an 167 of 488 updated user fee schedule that complies with Proposition 26 that does not exceed the reasonable cost of providing the benefit, service, or product; granting the privilege; or, to recover the reasonable costs for issuing permits, performing investigations, inspections, audits, and the administrative enforcement of regulations. Request for Proposals Process As noted above, the RFP for a Comprehensive User Fee Study, Full Cost Allocation Plan, and Internal Service Fund Allocation Study was issued on November 2, 2016. The RFP was sent to several firms via email and was posted on the City's website, and the California Society of Municipal Finance Officers (CSMFO) website. Responses to the RFP were due by 4:00 p.m. on December 14, 2016. The City received six (6) proposals in response to the RFP. The firms that submitted proposals, listed in alphabetical order, were: Capital Accounting Partners Fiscal Choice Consulting Matrix Consulting Group MGT Consulting Group NBS LLC Willdan Financial Services In order to rank the firms and provide a recommendation, the Selection Panel considered the following criteria: • Firm expertise and competence including experience with similar projects; • Professional qualifications and experience of the key personnel assigned to the project; • Time required to accomplish the requested services; • References; • Ability to work effectively with City staff and representatives; and • Cost of services. The Selection Panel was composed of the following individuals: Director of Emergency Services Frank Parra Financial Services Officer Javier Carcamo Management Analyst III Walter Amedee Management Analyst II Ray Roberson After reviewing and considering each proposal, staff chose to interview three firms: MGT Consulting Group, NBS LLC, and Willdan Financial Services. However, due to a high demand for its services NBS LLC recused themselves from the bid process. Upon completing the interview process Willdan Financial Services was selected as the highest-ranking firm. 168 of 488 Willdan Financial Services Established in 1988, Willdan Financial Services is a national firm, and one of the largest public sector financial consulting firms in the U.S. Since that time, the firm has helped over 800 public agencies successfully address a broad range of financial challenges, such as financing the costs of growth and generating revenues to fund desired services. With staff of over 70 full-time employees, Willdan Financial Services assists local public agencies by providing a multitude of financial services. Fiscal Impact Willdan Financial Services proposes a not to exceed fee of $44,145 for the project as a whole to consist of: Full Cost Allocation Plan - $14,660 Internal Services Fund Allocation Plan - $4,565 Comprehensive User Fee Study - $24,920 Recommendation Staff recommends the City Council authorize the Mayor to execute the agreement with Willdan Financial Services to conduct a Comprehensive User Fee Study, Full Cost Allocation Plan, and Internal Service Fund Allocation Study for a period of March 21, 2017 through March 20, 2018 with one additional one-year option. Attachments Attachment 1 — Willdan Financial Services Agreement Attachment 2 — Resolution 169 of 488 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND WILLDAN FINANCIAL SERVICES THIS AGREEMENT is entered into on this 21ST day of March, 2017, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and WILLDAN FINANCIAL SERVICES (the "CONSULTANT"), a corporation. RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide a user fee, and cost of service studies. WHEREAS, the CITY has determined that the CONSULTANT is a financial consulting firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT to provide a user fee, and cost of service studies, 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 March 21, 2017. The duration of this Agreement is for the period of March 21, 2017 through March 20, 2018. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "A." This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year term. Any extension of this Agreement must be approved in writing by the City Council. 3. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A." The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings specified in Exhibit "A" to keep staff and City Council advised of the progress on the Project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under 170 of 488 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 Emergency Services hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Chris Fisher thereby is designated as the Project Director for the CONSULTANT. 5. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit `B" shall not exceed $44,145 without prior written authorization from the City. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit `B," as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for 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 Standard Agreement 2 City of National City and Revised May 2016 Willdan Financial Services 171 of 488 shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S written work product for the CITY'S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees, except as herein set forth, and the CONSULTANT or the CONSULTANT'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being understood that the CONSULTANT its agents, servants, and employees are as to the CITY wholly independent CONSULTANT, and that the CONSULTANT'S obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each Standard Agreement 3 City of National City and Revised May 2016 Willdan Financial Services 172 of 488 of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT'S professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment 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. Standard Agreement 4 City of National City and Revised May 2016 Willdan Financial Services 173 of 488 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify and hold harmless the City of National City, its officers, officials, agents, and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers, or employees. CITY will cooperate reasonably in the defense of any action, and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, 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 Standard Agreement 5 City of National City and Revised May 2016 Willdan Financial Services 174 of 488 liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following checked insurance policies: A. ® If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate e additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. Insurance shall be written with only California admitted companies that hold a current policy holder's alphabetic and financial size category rating of not less than A:VII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. H. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the CONSULTANT does not keep all of such insurance policies in Standard Agreement 6 City of National City and Revised May 2016 Willdan Financial Services 175 of 488 full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. I. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. 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 Standard Agreement 7 City of National City and Revised May 2016 Willdan Financial Services 176 of 488 sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Francisco "Frank" Parra, Director of Emergency Services Emergency Services Department City of National City 1243 National City Boulevard National City, CA 91950-4397 To CONSULTANT: Chris Fisher, Vice President Willdan Financial Services 27368 Via Industria, Suite 200 Temecula, CA 92590 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 of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Standard Agreement 8 City of National City and Revised May 2016 Willdan Financial Services 177 of 488 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. 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 shall control. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise Standard Agreement 9 City of National City and Revised May 2016 Willdan Financial Services 178 of 488 made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Subcontractors or Subconsultants. The City is engaging the services of the CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the City in writing. In the event any portion of the work under this Agreement is subcontracted, the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor of the City, both the insurance provisions in Section 17 and the indemnification and hold harmless provision of Section 15 of this Agreement. M. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY WILLDAN FINANCIAL SERVICES By: By: Ron Morrison, Mayor Chris Fisher Vice President APPROVED AS TO FORM: WILLDAN FINANCIAL SERVICES George H. Eiser, III By: Rebekah Smith Interim City Attorney Assistant Secretary 10 Standard Agreement City of National City and Revised May 2016 Willdan Financial Services 179 of 488 Exhibit A WILLDAN GROUP, INC SCOPE OF SERVICES Full Cost Allocation Plan Project tasks shall include, but are not necessarily limited to, the following. If the Consultant feels that additional tasks are warranted, they must be clearly identified in the Consultant's proposal. 1. Work with selected City staff to define the purpose, uses, and goals for a full cost allocation plan, ensuring that the development of the plan will be both accurate and appropriate for the City's current needs. 2. Meet with staff and conduct interviews as needed to gain an understanding of the City's practices and operations. This includes where certain services/functions are performed together/shared through cooperation between different departments. Costs should be identified so that they can be allocated to/tracked by the appropriate department, i.e. fire, public works, permit services. 3. Develop a Full Cost Allocation Model using FY 2016 budget and/or actual data for calculating the full costs of providing each City service. The requirements of the model shall allow for: A. Additions, revisions or removal of direct and overhead costs so that the cost allocation plan can be easily adapted to a range of activities both simple and complex. B. The ability of the City to continuously update the model and overhead cost allocation plan easily from year to year as the organization structure changes and/or the cost structures changes. Consultant to provide the necessary training and instruction materials to City staff on how to continuously update the model and overhead cost allocation plan. C. The addition of hypothetical service area information for future service enhancements, and the ability to calculate the estimated costs of providing the service under consideration. D. Calculate a citywide overhead rate and an overhead rate for each department that can be updated annually. 4. Super Circular 2 CFR part 200 Cost Allocation Plan — The project tasks for this portion should be similar to the scope of work above for the Full Cost Allocation Model, however unallowable costs will be removed to comply with federal requirements under and as referenced in Super Circular 2 CFR part 200 and any recent changes in federal regulations. A. A methodology appropriate for the calculation and allocation of an overhead cost rate complying with Super Circular 2 CFR part 200. B. A study of each program with overhead costs that are borne in whole or in part by the General Fund and that can receive overhead cost reimbursement from State or Federal governments and/or other sources. 180 of 488 Exhibit A Please identify the cost of this Super Circular 2 CFR part 200 Cost Study item as a separate component of the full cost plan scope of work. 5. Software Application For Cost Allocation Plan — The City desires a software application program which would enable staff to add, delete, or update the final cost allocation plan as needed. In addition, consultants would provide the necessary training on the software program to selected staff in the Finance Department and Permit Center. Please identify the cost of this item as a separate component of the full cost plan scope of work. 6. Assist the Department of Finance in presenting the draft cost allocation plan to City's management group and City Council. It is expected that comments and concerns will be collected during the draft presentation phase for inclusion in a final cost allocation plan and model. 7. Provide the City with an electronic copy of the final comprehensive review, including related schedules and cost documentation in a format that can be edited and updated by City staff to accommodate changes in the organization or changes in costs. 8. Prepare a final plan and provide four (4) bound copies, one unbound copy and single PDF and Word files of the plan that can be made available to City staff. Any Full Cost Allocation Model revisions developed shall also be made available to the City electronically, providing the ability to add or delete and/or update information as needed. 9. Consult with City staff should the need arise to defend the cost allocation plan as a result of audits or other challenges. Project Scope — Comprehensive User Fee Study Project tasks shall include, but are not necessarily limited to, the following. If the Consultant feels that additional tasks are warranted, they must be clearly identified in the Consultant's proposal. 1. Work and meet with City staff to refine the project scope, purpose, uses and goals of the City's Comprehensive Fee Study to ensure that the study will be both accurate and appropriate to the City's needs. Review project schedule and answer any questions pertaining to the successful development of the Study. 2. Meet with staff and conduct interviews as needed to gain an understanding of the City's processes and operations. Conduct a comprehensive review of the City's existing fees. This is including but not limited to the following: permits including but not limited to building permit, encroachment permit, grading permit, post -construction best management practice conformance (storm water) permits, licenses, planning fees, building fees including inspection, public works/engineering fees including basic site and public right of way inspection and yearly storm water permit compliance data base management and inspection fees, parks and recreation fees, code enforcement compliance fees, mobile vendor permit fees and miscellaneous and administrative fees. The above list of permits and fees is not all inclusive, and may contain outdated and no longer applicable fees and/or permits. The study shall include both fees for work leading to the establishment/issuance of permits and any ongoing yearly maintenance/enforcement costs post -issuance. 181 of 488 Exhibit A 3. Identify the total cost of providing each City service and in a manner that is consistent with all applicable laws, statutes, rules and regulations governing the collection of fees, rates, and charges by public entities. This shall also include costs for technology upgrades required to bring levels of technology within the City on a par with similarly sized cities. This can take the form of a technology surcharge as is currently charged by Permit Services on all building permits for the purpose of upgrading and maintaining technology such as computers, printers, software and appurtenances. 4. Compare service costs with existing recovery levels. This should include any service areas where the City is currently charging for services as well as areas where the City, perhaps, should charge in light of the City's practices, or the practices of similar or neighboring cities. Include (as allowed by statutes/laws/rules/regulations) practices for deferral and/or forgiveness of fees and/or substitution of public services/facilities in lieu of fees for privately funded and City projects with public benefit. Include a comparison of current City practices and similar practices of similar or neighboring cities to determine whether the City should charge less than the actual reasonable cost of fees. 5. Recommend appropriate fees and charges based on your analysis together with the appropriate subsidy percentage for those fees where full cost recovery may be unrealistic (e.g. youth recreation, senior services). Consider the cost of pre -application and post - application meetings to mitigate project problems, assist project proponents to prepare the application, emergency response cost recovery such as inspection costs after fires and/or acts of god and how those costs can be recovered, either on a permit specific basis or as an overall percentage applied to permit fees. 6. Prepare a report that identifies each service, its full cost, recommended and current cost recovery levels. The report should also identify the direct cost, the indirect cost, and the overhead cost for each service; and provide a model for adjusting these fees for the City's current and future needs. 7. Prepare a report that identifies the present scope performed under the fee, the proposed scope performed under the recommended fee, present fees, recommended fees (state the exemption under Prop 26 in which they fall), percentage change, cost recovery percentage, revenue impact and fee comparison with other San Diego County cities or other California cities that are comparable to National City. A survey comparison of fees with similar cities is for information only. 8. Report on other matters that come to your attention in the course of your evaluation that in your professional opinion the City should consider. 9. Prepare and deliver presentations to City's management group and the City Council to facilitate their understanding of the plan and its implications for the City and make necessary adjustments as requested. 10. Provide the City with an electronic copy of the final comprehensive study, including related schedules and cost documentation in a format that can be edited and updated by City staff to accommodate changes in the organization or changes in costs. Develop a model for adjusting fees to include the addition of hypothetical service area information for future services enhancements, and the ability to calculate the estimated costs of providing the service under consideration (scenario and "what if" analyses). 182 of 488 Exhibit A 11. Provide on -site training to enable staff to update fees on an annual basis. 12. Prepare a final fee study report and provide four (4) bound copies, one unbound copy and a single PDF file of the plan that can be made available to City staff. Any Master fee schedule revisions developed shall also be made available to the City electronically, providing the ability to add or delete and/or update information as needed. 13. Consult with City staff should it become necessary to defend the City's User Fees as a result of any legal or other challenge. Project Scope — Internal Service Funds Allocation Study Consultant shall evaluate and prepare a methodology for allocation of internal service fund charges. The City's internal service funds are as follows: • Facilities Maintenance Fund • Liability Insurance Maintenance Fund • Information Systems Maintenance Fund • Vehicle Maintenance Fund Project tasks shall include, but not be limited to, the following items. If the Consultant feels that additional tasks are warranted, they must be clearly identified in the Consultant's proposal. A. Work with selected City staff to develop charges to fully fund various internal service funds, ensuring the development of the plan will be both accurate and appropriate for the City's current needs. B. Develop a model for each internal service fund allocation and provide for the ability of the City to continuously update the model from year-to-year as the organizational structure changes and/or the cost structures change. 183 of 488 184 of 488 Exhibit B WILLDAN GROUP INC HOURLY RATES AND MAXIMUM FEE TO PROVIDE A USER FEE STUDY, FULL COST ALLOCATION PLAN, AND INTERNAL SERVICE FUND ALLOCATION The City of National City ("City") will be billed at the following hourly rates: Group Manager $210 Principal $200 Senior Project Manager $165 Project Manager $145 Senior Project Analyst $130 Senior Analyst $120 Analyst $100 Assistant Analyst $75 Fees for this project will not exceed $44,145 without prior approval from the City. The not -to - exceed amount of $44,145 is broken down as follows: Not -to -exceed amount Comprehensive User Fee Study Full and OMB Compliant Cost Allocation Plan Internal Services Fund Allocation $24,920 $14,660 $ 4,565 185 of 488 RESOLUTION NO: 2017 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH WILLDAN FINANCIAL SERVICES TO CONDUCT A COMPREHENSIVE USER FEE STUDY, A FULL COST ALLOCATION PLAN, AND AN INTERNAL SERVICE FUND ALLOCATION STUDY FOR THE PERIOD OF MARCH 21, 2017 THROUGH MARCH 20, 2018, WITH ONE ADDITIONAL ONE-YEAR OPTION FOR A NOT TO EXCEED AMOUNT OF $44,145 WHEREAS, the City desires to employ a consultant to conduct a Comprehensive User Fee Study, a Full Cost Allocation Plan, and an Internal Service Fund Allocation Study for the period March 21, 2017 through March 20, 2018, with one additional one-year option for a not to exceed amount of $44,145; and WHEREAS, the City has determined that Willdan Financial is qualified by experience and ability to perform the services desired by the City, and Willdan Financial is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement with Willdan Financial to conduct a Comprehensive User Fee Study, a Full Cost Allocation Plan, and an internal Service Fund Allocation Study for the period March 21, 2017 through March 20, 2018, with one additional one-year option for a not to exceed amount of $44,145. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 21st day of March, 2017. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ron Morrison, Mayor 186 of 488 CC/CDC-HA Agenda 3/21/2017 — Page 187 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the City Manager to negotiate and execute a Proposition 1 Storm Water Grant Program (SWGP) Agreement No. D1612675 between the State Water Resources Control Board and the City of Natio 187 of 488 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 21, 2017 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the City Manager to negotiate and execute a Proposition 1 Storm Water Grant Program (SWGP) Agreement No. D1612675 between the State Water Resources Control Board and the City of National City for the Sweetwater River Park Bioretention Project in the amount of $1,344,425 and authorizing establishment of corresponding revenue and expenditure accounts. PREPARED BY Kuna Muthusamy PHONE: 619-336-4383 EXPLANATION See attached. FINANCIAL STATEMENT: ACCOUNT NO. DEPARTMENT: Engineering/Public Works APPROVED BY: APPROVED: _ APPROVED: Finance MIS Prop 1 SWGP Grant (Sweetwater River Park Bioretention) - $1,344,425 (296-409-500-598-6193; 296-06193-3463) Local Grant Match - $99,400 (001-409-500-598-7049): funds currently appropriated for drainage improvements Local Grant Match (In -kind, City staff project management and administration) - $50,017 ENVIRONMENTAL REVIEW: CEQA/NEPA documentation will be prepared and certified prior to project construction. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution authorizing the City Manager to negotiate and execute a Prop 1 SWGP Agreement No. D1612675 for the Sweetwater River Park Bioretention Project in the amount of $1,344,425. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation w/ Exhibit 2. Resolution 188 of 488 Explanation On July 8, 2016, staff filed a Proposition 1 Storm Water Grant Program (SWGP) application for the Sweetwater River Park Bioretention Project in the amount of $1,344,425, which included a local match of $149,417, for a total project cost of $1,493,842. The proposed project is located immediately west of the Westfield Plaza Bonita Mall on an approximately 4.3 acre site. The project will be constructed entirely within the City of National City limits and will directly benefit National City residents. The proposed project will provide the following improvements: 1) a community park that will preserve and enhance native vegetation and provide recreation opportunities near the Sweetwater River Bike Path; 2) removal of invasive plant species and restoration of native, drought tolerant vegetation; 3) network of walking paths connecting to the adjacent Sweetwater River Bike Path; 4) bioretention basin that filters storm water runoff from adjacent roads and other properties; 5) bioswales upstream and downstream of the bioretention basin; and 6) native revegetation and biotechnical treatments to reduce erosion and sedimentation build-up and improve the quality of water moving through the site. On December 20, 2016, staff was notified that the City had been approved for a Proposition 1 SWGP in the amount of $1,344,425 for the Sweetwater River Park Bioretention Project. The grant award is conditioned on the successful negotiation of an agreement between the City and the State Water Resources Control Board's Division of Financial Assistance. City Council Resolution authorizing the City Manager to negotiate and execute a grant agreement is required to allow for the use of grant funds. Part of the grant negotiations will include a request to revise the footprint of the park and bioretention areas to allow for development of a hotel on the same parcel. In the event the State does not support this type of modification to the grant, the City Manager will not proceed with executing the grant agreement and staff will return to City Council with a recommendation to reject the grant. The grant requires a local match of $149,417. A portion of the local match, $99,400, will be applied to the cost for preparation of environmental documents, planning, design, engineering, construction management and inspections. This amount will be funded through prior City Council Capital Improvement Program appropriations for Drainage Improvements. The remaining $50,017 will be funded in -kind for City staff project management and administration. 189 of 488 Figure 1. BMP Lace Ions Doers)On trim Man Cilium' lc Swat* _ 4 ,,,=• DIRtOfill Rip -Rap Coorittaymrece Reserve Existing Trees SweE-Voniter B.Iteha y ii3iJflt 10 7434 Bn-io• fliWorly arnlynn San Die& Bay) Preeerve Einem Trees Proceed Camila Devekipment j (Ceram will motel UD Widnes per frAy's post-conelructnin requiremento 1 Legend MS4 Channels tRi Spillway LJProject Boundary 0 Proposed CarMax • Culvert gg Forebay L I Decomposed Granite Trail • Bioretention Basin Inlet/Outlet Swales Remove Invasives, Preserve Native Plants V9E-Mtield 7.0 riiq!%.1 ar • .29 5. 1.5[1A 4 190 of 488 RESOLUTION NO: 2017 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE PROPOSITION 1 STORM WATER GRANT PROGRAM AGREEMENT NO. D1612675 BETWEEN THE STATE WATER RESOURCES CONTROL BOARD AND THE CITY OF NATIONAL CITY FOR THE SWEETWATER RIVER PARK BIORETENTION PROJECT IN THE AMOUNT OF $1,344,425, AND AUTHORIZING ESTABLISHMENT OF CORRESPONDING REVENUE AND EXPENDITURE ACCOUNTS WHEREAS, on July 8, 2016, the City filed a Proposition 1 Storm Water Grant Program ("SWGP") application for the Sweetwater River Park Bioretention Project (the "Project") in the amount of $1,344,425, which included a local match of $149,417, for a total project cost of $1,493,842; and WHEREAS, the proposed Project is located immediately west of the Westfield Plaza Bonita Mall on an approximately 4.3 acre site, and will provide the following improvements: 1. a community park that will preserve and enhance native vegetation and provide recreation opportunities near the Sweetwater River Bike Path, 2. removal of invasive plant species and restoration of native drought tolerant vegetation, 3. network of walking paths connecting to the adjacent Sweetwater River Bike Path, 4. bioretention basin that filters storm water runoff from adjacent roads and other properties, 5. bioswales upstream and downstream of the bioretention basin, 6. native revegetation and biotechnical treatments to reduce erosion and sedimentation build-up and improve the quality of water moving through the site; and WHEREAS, on December 20, 2016, the City was notified that the City of National City had been approved for a Proposition 1 SWGP grant in the amount of $1,344,425 for the Project, with the grant award conditioned on the successful negotiation of an agreement between the City and the State Water Resources Control Board's Division of Financial Assistance; and WHEREAS, the grant requires a local match of $149,417, with $99,400 of the local match being applied to the cost for preparation of environmental documents, planning, design, engineering, construction management, and inspections. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager to negotiate and execute Proposition 1 Storm Water Grant Program Agreement No. D1612675 in the amount of $1,344,425 between the State Water Resources Control Board and the City of National City for the Sweetwater River Park Bioretention Project. BE IT FURTHER RESOLVED that the City Council hereby authorizes establishment of corresponding revenue and expenditure accounts. [Signature Page to follow] 191 of 488 Resolution No. 2017 — Page Two PASSED and ADOPTED this 215t day of March, 2017. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, I11 Interim City Attorney Ron Morrison, Mayor 192 of 488 CC/CDC-HA Agenda 3/21/2017 — Page 193 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the City Manager to execute a second amendment to the agreement by and between the City of National City and Tierra West Advisors, Inc. to provide services to implement the amortizati 193 of 488 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE. March 21, 2017 AGENDA ITE' ITEM TITLE A Resolution of the City Council of the City of National City authorizing the City Manager to execute a second amendment to the agreement by and between the City of National City and Tierra West Advisors, Inc. to provide services to implement the amortization of nonconforming uses in the Westside Specific Plan and increasing by $7,500 the total not to exceed amount to $57,500. (Planning) PREPARED BY: Rayrnond Pe PHONE: ;336-44211 EXPLANATION: DEPARTMENT: APPROVED BY. g Division The City and Consultant entered into an agreement on March 5, 2016 to provide implementation services for the amortization of nonconforming uses in the Westside Specific Plan area for the not to exceed amount of $25,000. The parties entered into a first amendment to the agreement on November 1, 2016 to provide an expanded scope of services for an additional amount of $25,000 for a total not to exceed amount of $50,000. The City and Consultant have since identified other necessary services and remaining outstanding tasks required to complete the implementation services for an additional amount of $7,500. Consequently, a second amendment to the agreement is necessary to complete the implementation services for the amortization of nonconforming uses. Municipal Code Section 2.01.020(T) provides for City Manager approval of agreements and amendments not to exceed $50,000. Therefore, staff recommends that the City Council adopt a resolution authorizing the City Manager to execute the second amendment to the agreement for the additional scope of work for a total not to exceed amount of $57,500. FINANCIAL STATEMENT: APPROVED: ( ,'I: i Finance ACCOUNT NO. Funds available in account 0001-409-000-650-9040 APPROVED: MIS ENVIRONMENTAL REVIEW: This activity is not a project as defined in Section 15378 of the California Code of Regulations; therefore, no further action is required under the California Environmental Quality Act. ORDINANCE: INTRODUCTION: I7-1 FINAL ADOPTION: STAFF r°011MENDATION: Adopt the resolution authorizing the City Manager to execute the second amendment to the agreement. BOARD / COMMISSION RECOMMENDATION. ;Not Applicable: ATTACHMENTS: 1. Agreement, First Amendment, Second Amendment. 2. Resolution. 194 of 488 ATTACHMENT 1 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND TIERRA WEST ADVISORS, INC. i JS AGREEMENT is entered into this 5th day of April, 2016, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Tierra West Advisors, Inc., a California Corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide Implementation Services for the Amortization of Non -conforming Uses in the Westside Specific Plan Area. WHEREAS, the CITY has determined that the CONSULTANT is a corporation 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. SCOPE OF SERVICES. The CONSULTANT will perform implementation of the amortization of non -conforming uses in the Westside Specific Plan area 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 CYTY. The CONSULTANT shall appear at meetings specified in Exhibit "A" to keep staff and City Council advised of the progress on 'the Project. 3. P'ROnCT COORDINATION ANP SUPERVISION. Brad Raulston, Executive Director hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Mike Garcia thereby is designated as the Project Director for the CONSULTANT. 4. CONDENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings 195 of 488 city's atardazd Ag ecmeat shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $25,000.00. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CrfY, if requested. 5. ACCEIPTABIL I'TY OF WORT. 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. 6. EFFECTIVE DATE AND LENGTH OF AGREE1}JENT. This Agreement will become effective through June 30, 2017. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "A". 7. DISPOSITION AND OWNERSHLp 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 nmaterial, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S written work product for the CITY'S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 2 city! Sundial Agraemamt 196 of 488 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 ofthe modification' or rem by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than whet was expressly agreed upon within the Scope of this project, unless otherwise mutually 8. INDEPENDENT COI ACTOR. Both parties hereto in the perfonnance 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 lirnitml to rether:tent, medical, utt ploy- meat, 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 CTTY. 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 ere solely such as are prescribed by this Agreement. 1_ COMPLIANckwu B APPLICABLE LAW. The CONSULTANT, m the performance ofthe services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City ofNdionai City business licenee prior to and during performance of any work pursuant to this Agreement. II. LICENSES PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that is 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 requited for the CONSULTANT to practice its profession. 3 Mr! Steam,:lgcseweet 197 of 488 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services wider 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 Iocations. 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 pei%rmance 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 C1TY 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. MON DISCR MINATION 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, rats of pay or other forms of compensation, and selection for paining, 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 ne 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 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii).is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the 4 arty. Standard Agreement 198 of 488 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 C1TY. In its pe iiiiirance hereunder, the CONSULTANT shall comply with all legal obiigaations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be Fide to CffY 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 ldnd car nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out ofthe 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 ofthe 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 ofthe State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amaandmentn thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employes from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attarney's fees and defense costs presented, brought or recovmed agakia :he CITY or its officae, employ, or voltmtcews, 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 male and shall_ require its SUBCONSULTANT(S), when applicable, to purchase and maintain through= the term of this Afgeement, the following checked insurance policies: A. If checked, Professional tal>all'ty insurance (e rmora and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile ur ea 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 shah IMMO the CYTY and its officers, agents and employees as addifional insureds, and a separate additional insured endorsement shall be provided. 5 ay. aw.asd Agroom.m 199 of 488 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 %hall 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 VM 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. R 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. 1. 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 t c 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 6 atys Smasedad a em 200 of 488 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, irresgecdve of the actual amount of attorney's fees incurred by the prevailing party. 19. ;!IEDI TION/ARBJTRA11ON. Ha dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, good faith, to settle tee dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of or relate to, this Agreement, or breach thereof; which is not resolved by mediation shall be settled by arbitration in San Diego, California, in gocordance with the Con e:ciai Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction. over the subject natter of the cxrrzztroversy. The expos of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the won atilt 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 ofwritten Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or untlnished. 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 6. B. The C1TY 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 busineas name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express r 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; end seal' be deemed received upon the earlier of (i) if personally 7 c►cy'. somawa Agavememt 201 of 488 delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Brad Raulston Executive Director Office of the City Manager City of National City, 1243 National City Boulevard National City, CA 91950-4301 To CONSULTANT: John Yonai Principal Tierra West Advisors, Inc. 2616 East 3'd Street Los Angeles, CA 90033 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 22, CONFLICT OF�EREST AND POLITICAL REIg'ORl ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shail 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 8 sated r.c 202 of 488 Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from time City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the CONSULTANT. 23. PREVAIUG 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 Call Labor Code, including but not limited to, Sections 1720,1720.2,1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. MISCELLANEOU4PRQYISIONS. A. Compion of TYrne Periods. If any date or thne period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, thensuch 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 afthis Agreement shall not be deemed to confer any rights upon, CT obligate any of the parties hereto, to any person or entity other than the parties hereto. E. F ribrtr and Scams The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all pulses. F. Amendinent to rids 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 flrture 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 ofthe Staff of California. L Audit. Hillis irhis Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the estreektedon snd awttt ofthe Sty Auditor for a period of dues (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 ply hereto dill be of any effect unless it is in writing and executed by the party to be bound thereby. 9 Mrs award Aft 203 of 488 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 aclmowledgc and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY BBB-- ias•t^^~ Leslie Deese City Manages TIERRA WEST ADVISORS, INC. Mainers* —one sliplabre) rAd rerAlliff �1�11�11_..a't• � �]1 By: By: 10 rint) (Title) (Name) (Print) C1D (Title) Orel 90oadanl Ag.amrasua. 204 of 488 EXHIBIT q Tierra West will provide on -call services to the City of Naional City (°GityI) for the amortkation of nonconforming uses in the Westsido Speatic Plan area and other various activities as instruct by the Community Development Director. Tierra Wect will provide on call services to the City for a not -to -exceed price of $25,000. Presented below are Tierra West's hourly rates, as they would pertain to this engagement: Classification Rate Principal $195 Director $180 Senior Associate $160 Ass oclata&Aaquisition Agent $140 Sam?or Analyst $115 Analyst $105 Research Assistant/Real Estate Technician $ 85 Word Processor $ 65 Clerical $ 50 In keeping with Tierra West's policy regarding certain assodated engagement expenses, there wiI be no charge or reimbursement claim for telephonelfax calls, postage, mileage, parking, and incidental photocopies. We do, however, charge for additional insured certificates, messenger services, overnight mall costs, and copies of reports, documents, notices, and support material in excess of five (5) copies. These costs are charged at actual expense plus a 10% surcharge. Monthly invoices are issued by Tierra West payable upon receipt, unless otherwise agreed upon in advance. h ooices will identifytasks completed to date, hours expended, staff performing the task, and the hourly rate. 205 of 488 SCOPE OF SERVICES Michael Garda, Principal (will bid as a Director for all assignments wlh National City), will serve as the Project Director and will be the key contact person for Tierra West Mr. Garciacoordinate and manage all the efforts of the consultant team as welt as the daily interaction between the City and Tlerra West. Mr. Garcia will oversee the all activities, including document preparation, identification of funding sources that can fund future program irr ternentation, coordination of the research/data collection (field survey and collection of data regarding business v oIations), coordination with legal counsel, preparation of amortization schedules based on ranklngs from the EPA model, updating/re-ranking of properties and other activities as assigned by the Community Development Director. The Tierra West Team assisting Michael Garda with this assignment includes John Yonai — Principal, Andrew Gee — Senior Associate, Sonia Arteaga Shuriock - Senior Analyst Jason Chiang —Analyst, Ana Carmela Espanola and Lauren Yonai - Research Assistants. The following scope of services includes, but is not limited to activities anticipated b assist legal counsel and City Planning staff for services to be provided in connection to the Implementation of the Amortization Ordinance: 1. Convene a :moping meeting to finalize project details with regard to schedu$efactivities and discuss current community interactions regarding non -conforming land uses. 2. Prepare a detailed project schedule based on the seeping meeting and City staff input (see attached 'proposed' schedule. 3. Identify non-c onnfomiing uses utilizing the rankling field survey results from April 2012 to updatelre- rank businesses. 4. Collect data from public records to assess non-confomgng uses based on criteria identified in the EPA report from 2011, the Westside Specific Plan and City planning staff. 5. research business violations, code violations, impacts to public Iiifimhucture and Improper use of business properties that impede the development of a safe and healthy living/wortdng environment in the Westeide neighbo hood. 6. Proceed with individual amortization analysis on top4anloed non -conforming uses. 7. Set a period of time for nonconforming land uses to cease operations by developing an amortization schedule Is individually prepared In consultation with the land owner and business owner based on the following criteria: a. The total cost of land and improvements; b. The length of time the land use has existed; c. Adaptability of the land and improvements to a currently permitted use; d. The cost of moving and reestablishing the use elsewhere; e. Whether the use is significantly non -conforming; 206 of 488 f. Compatibility with existing land use patterns and densities of the surrounding neighborhood; g. The possible threat to public health, safety or welfare; and h. My other relevant fad. (Cfiy of National City ('.1unkdlpat Code Section 18.108.230) 8. Staff recommendation of amortization schedule to the Planning Commission for non -conforming uS9S. S. Cmn inak4 with Iege! mrinse! bpi a.. ss 'praiser and city etaff !n the preparation of !ndi.4d ! amortization schedules for n or nkr g use, reviewing the Individual amortization schedules for legal requirements, representing the City at the Planning Commission hearings where the amortization sc heduies are present, and handling any appeal to the City Coundi of an adopted amortization schedule. 10. Work with City staff and legal counsel to review property profiles for non -conforming uses. 11. Work with City staff to make a determination on the adaptability of the land and Improvements to a currently penrritted use. 12. Determine a cost estimate of moving and reestablishing the use elsewhere based on an estimate from a relocation consultant and an appraisal for reestabrshment of the business in a new location. 13. Work with legal counsel kn determine whether the use Is significantly non-oonforming due to its incompatthiltty with land use patterns and densities of the surrounding neighborhood; the possible threat to public health, safety or welfare; and consideration of other relevant factors. 14. Work with legal counsel and the busirness appraiser to determine a final amortization schedule for each of the non -conforming uses. 15. Prepare an analysis of potential funding sources for future program Implementation of amortization activities. 16. Work with City stiff to prepare rnornmenciaiions for on -going imp! ma ntation of non -conforming uses. 17. Mend meetings and coordinate consultations with iandowners and business tenants to finalize the individual amortization schedules. Provide any backup information as necessary. 18. Mend community meetings, Planning Commission and City Counc i meetings as dlrnctnd by the Community Devebpment Director. 19. Other activities as requested by the Community Development Director (may include coordinating City -run mailings to property owners/tenants regarding the Amortization process, coordination with commercial brokers and C.Ity planning stiff for land use educational processes, and other activities). 207 of 488 PROPOSED PROJECT SCHEDULE Weeks 1 2 3 4 6 6 7, 0 S 10 11 12 13 14 16 13 Kick -of meeting with Commission Malt Scope Reciew and Data Collection. Preparation of detailed a Prefect Schedule outlining canal dates for achieving data col action and completing field sunny work. r- Downtoad of 2018 Property Information for properties within the WSP Arca. H a , Field Surrey Ranking Ptocsss on a property level baste. Collection annotations and Compliance Data from City depr'tm®nts, County departments and outside agencies, 1 identification of potential Waling sources for an -going program Verlication of Field Surrey results collected in the chid Data input of Field Survey information Into the Excel Spreadsheet br the Field Rankings. i Completion ofthe Ranking Spreadsheet compiling the Information collected from City Departments and outside agencies with the field survey rankings. Attendance art Community meetings, Planning Commission meetings. andorCity Council meetings as directed by City ataf E 208 of 488 FIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND TIERRA WEST ADVISORS, INC. THIS FIRST AMENDMENT TO THE AGREEMENT, is entered into this let day of November, 2016, by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and Tierra West Advisors, Inc., a California Corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY and CONSULTANT entered into an Agreement on March 5, 2016 to provide Implementation Services for the Amortization of Non -conforming Uses in the Westside Specific Plan Area (the "PROJECT") for the not to exceed amount of $25,000; and WHEREAS, the CITY and CONSULTANT have identified additional necessary seeviues and several remaining outstanding tasks required to complete the PROJECT; and WHEREAS, the current PROJECT budget not to exceed amount of $25,000 has been depleted; and WHEREAS, the CONSULTANT has prepared a revised timeline and budget for the additional services and tasks that are necessary to complete the PROJECT; and WHEREAS, the parties desire to amend the Agreement to increase the not to exceed amount by $25,000 with a total AMENDED AGREEMENT budget to a not to exceed amount of $50,000, and to increase the scope of work as set forth in attached Exhibit "A". NOW, THEREFORE, the parties heretoagree that the Agreement entered into on November 1, 2016 shall be amended as follows. I. The Scope of Work shall be increased to include the scope as set forth in Exhibit A for the not to exsead amount of $25,000, for a total not to exceed amount of $50,000. 2. The parties further agree that with the foregoing exception, each and every term and provision of the Agrcernent dated March 5, 2016, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first above written. [Signature Page to Follow] 209 of 488 CITY OF NATIONAL CITY TIERRA WEST ADVISORS, INC. Porporation—eratwes (Ow mayoral& tiakers) Leslie Deese City Manager APPROVED AS TO FORM: `Forge i Interim City Attorney By: �C f'lYlCl ?;kI (Name) V-tr--PiCOS5VA XbY\40\ (Print) G (Title) 210 of 488 EXHIBIT A TIERRAWEST A 1) \' i S ty ii S October 11, 2016 Brad Raulsion Community Development Director of National City 1234 Na reil City Boulevard National City, CA 91950 Dear Mr. Raulstoa, Pursuant to our conference r o September 2 , Tierra West Advisors, Inc. (Terra West) and City Staff have identified additional required services add several rig outstanding tar required to complete the Westaide Specific Plan Amortization project C Pmject"). The Timeline outlined below is based on the schedule discussed on our call of the 236; the schedule may be dynamic and subject to aft City Staff and Bleated responses. The outline provides a detailed budget breakdown of hours estimated for each task and based on the assumption that the Project will be completed by the Spring of 2017. As of October 11, 2016 we have almost reached the offal budget amount of $25,000 billed so far. We've estimated that an additional budget of 155 hours of consultant work is required to thoroughly address the eight (8) rig tasks required to complete the Project. Asa resuk of the shortfall in budget, Tiellra West is requesting an amendment to the current contract for a budget increase of $25,000 for a total of $50,000. The following tasks and hours were estimated by Tierra West: 3 OW Council Macon' 2 50-daynoticing period 3 •50-fey nod des poled 4 60-day noticing period 5 BO-dsyeadelnaFaded • S Hanel nRComnlsalen Reeling 7 OtyWaldl Meeting ti .tltyCouncil Mouths_ Intel Items 1/17l2027 1/18/2017 - 3/20/2 17 1%10/2017-5",s '' i110ff17-S/20/2027 1/10/2017.3/20/2057 7 4/15/2017 I/2/2017 Qq Staff/TWA presets need* Item - publl sh Rankin', Inset 10 en RaNdnd.sad intimates amerdae 5 nametdormine seat 1WAr ponces tiidd phonealli from Deafness seed Property Omni) 5 mesengs wNh property , eeerelln riles and readmit for twee misdeal 2 mmtnp a. th Business ValusOnn Censaasin deeersidne amanita(' period Inc of Ilanidast PC ppprawi 1st needing of theOrdnanceior l°inel Order 2nd ReedestaftlaOrdlnencefor Reel Order Should you have any questions or concerns please do not bee ate to contact us. RiagfectfullY, TEA WEST ADVISORS, INC. TIIERRA WEST 4 tf 1 a :3 R 211 of 488 SECOND AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND TIERRA WEST ADVISORS, INC. THIS SECOND AMENDMENT TO THE AGREEMENT, is entered into this 21 st day of March, 2017, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Tierra West Advisors, Inc., a California Corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY and CONSULTANT entered into an Agreement on April 5, 2016 to provide Implementation Services for the Amortization of Non -conforming Uses in the Westside Specific Plan Area (the "PROJECT") for a total not to exceed amount of $50,000; and WHEREAS, the CITY and CONSULTANT entered into a First Amendment to the Agreement on November 1, 2016 to provide Implementation Services for the Amortization of Non -confirming Uses in the Westside Specific Plan Area (the "Project") for the not to exceed amount of $25,000; and WHEREAS, the CITY and CONSULTANT have identified additional necessary services and several remaining outstanding tasks required to complete the Project; and WHEREAS, the current PROJECT budget not to exceed amount of $50,000 has been depleted; and WHEREAS, the CONSULTANT has prepared a revised timeline and budget for the additional services and tasks that are necessary to complete the Project; and WHEREAS, the parties desire to amend the Agreement to increase the not to exceed amount by $7,500 for a total Agreement not to exceed amount of $57,500, and to increase the scope of work as set forth in attached Exhibit "A". NOW, THEREFORE, the parties hereto agree that the Agreement entered into on March 5, 2016, as amended on November 1, 2016, shall be amended as follows: 1. The Scope of Work shall be increased to include the scope as set forth in Exhibit "A" for the not to exceed amount of $7,500, for a total not to exceed amount of $57,500. 2. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated March 5, 2016, as amended by the First Amendment to the Agreement dated November 1, 2016, shall remain in full force and effect. 3. Section 19 of the Agreement, titled "Mediation/Arbitration" is hereby deleted in its entirety. 212 of 4881 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Leslie Deese City Manager APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney 2 TIERRA WEST ADVISORS, I (Corporation — signatures of two corporate officer. By: (Name) (Print) edd f (Title) By: (Nam) Dk�) (Print) V Ill ✓t�p... e�.`C t.Y"� (Title) 0 5 4 -1/4/4),00 t' Second Amendment to 2016 Service Agreement City of National City and Tierra West Advisors, Inc. I 213 of 488 EXHIBIT A SECOND AMENDMENT TO THE AGREEMENT INCREASED SCOPE OF SERVICES The following Increased Scope of Services outlines the for additional City requested services to be provided in connection to the implementation of the Amortization Ordinance as directed by the City Council on January 17, 2017 include the following: 1. Preparation for the Council required work shop a. Team meeting, conference call and follow up and preparation. b. Preparation of the power point for workshop 2. Translations of Materials a. Power point translation b. Business list translations 3. Workshop Presentation a. Presentation and assistance in presentation materials 4. Prepare written responses to Workshop issues and questions 5. Prepare workshop close out materials 6. Prepare and address memo/report to City Council and City staff for Council presentation 214 of 488 RESOLUTION NO: 2017 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND TIERRA WEST ADVISORS, INC., FOR THE NOT TO EXCEED AMOUNT OF $7,500TO PROVIDE CONTINUING IMPLEMENTATION SERVICES FOR THE AMORTIZATION OF NONCONFORMING USES IN THE WESTSIDE SPECIFIC PLAN, FOR TOTAL NOT TO EXCEED AMOUNT TO $57,500 WHEREAS, the City and Tierra West Advisors, Inc. ("Tierra West"), entered into an Agreement on April 5, 2016, to provide Implementation Services to the City for the amortization of non -conforming uses in the Westside Specific Plan Area (the 'Plan") for the not to exceed amount of $25,000; and WHEREAS, on November 1, 2016, the City and Tierra West entered into a First Amendment to the Agreement to increase the scope of services for the not to exceed amount of $50,000; and WHEREAS, because the City and Tierra West have identified additional necessary services and remaining outstanding tasks required to complete the Project, a Second Amendment to the Agreement in necessary to increase the scope of work for the not to exceed amount of $7,500, for a total not to exceed amount of $57,500_ NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Manager to execute the Second Amendment to the Agreement by and between the City of National City and Tierra West Advisors, Inc., for the not to exceed amount of $7,500, to increase the scope of work for Implementation Services to the City for the amortization of non -conforming uses in the Westside Specific Plan Area for a total not to exceed amount of $57,500. The Second Amendment to the Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 21s1 day of March, 2017. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ron Morrison, Mayor 215 of 488 CC/CDC-HA Agenda 3/21/2017 — Page 216 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City adopting the 2017-2022 Strategic Plan. (City Manager) 216 of 488 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 21, 2017 AGENDA ITEM NO. ITEM TITLE: A Resolution of the City Council of the City of National City adopting the 2017-2022 Strategic Plan. PREPARED BY: Brad Raulston, Deputy City Manager DEPARTMENT: PHONE: (619-336-4256! APPROVED BY: EXPLANATION: The City's five-year Strategic Plan, which outlines the City's objectives and priorities, is updated on a bi- annual basis. The proposed 2017-2022 Strategic Plan was presented to the City Council during two workshops, which occurred on February 7, 2017 and February 28, 2017. Staff recommends that the City Council approve the resolution to adopt the 2017-2022 Strategic Pian. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. 1 APPROVED: Ifhere is no fiscal impact associated with this item. ENVIRONMENTAL REVIEW: This activity is not a project as rietined in Section 15378 of the California Code of Regulations; therefore, no further action is required under the California Environmental Quality Act. ORDINANCE: INTRODUCTION: FINAL ADOPTION: I STAFF RECOMMENDATION: Adopt the resolution. BOARD / COMMISSION RECOMMENDATION: Not applicable. ATTACHMENTS: 1. 2017-2022 Strategic Plan 2. Resolution 217 of 488 1TOn,rQitA-0 2017-2022 STRATEGIC PLAN Attachment 1 Nig 4.e.:= 4A 4FORN:iA'.+-A NAVeltir f a v. ZNCORpp,l' .A'l Five Objectives Provide Quality Services Achieve Fiscal Sustainability Improve Quality of Life Enhance Housing and Community Assets Promote a Healthy Community Objective #1 - Provide Quality Services a) Practice the five core values (Commitment, Customer Service, Courtesy, Communication, and Collaboration) with our diverse customer base. b) Align workforce with City's objectives and provide training and support necessary to fully develop employees, Boards, Commissions, and City Council. c) Expand public access to City services and information, by maintaining our website and making digital records accessible to the public. d) Pursue public safety goals and objectives and enhance disaster preparedness (Police, Fire, Emergency Medical Services, and Homeland Security). e) Analyze internal processes for efficiency and implement technology solutions where feasible. Continue efforts to automate and streamline work processes. Objective #2 - Achieve Fiscal Sustainability a) Prepare effective budget, close deficit, accurately forecast funding sources, manage investments wisely, provide consistent financial reports, maintain clean audits, resolve findings/deficiencies in a timely manner, and update finance and budget policies. b) Continue labor/management partnerships with an emphasis on strategic deployment and total compensation issues. Address longterm pension liability and Other Postemployment Benefits (OPEB). c) Establish economic development programs to retain and attract businesses, stimulate new investments, and increase revenues. Evaluate and update fee schedules to promote development and recover costs. d) Continue to implement plans to fund replacement reserves and to finance the acquisition, replacement, and maintenance of the City's fleet, facilities, and other assets. e) Build cooperative and sustainable partnerships with community organizations, schools, and other public agencies in the efficient and cost effective delivery of services. 219of488 q y 1 041 CO ,O$ATED Objective #3 - !mprove Quality of Life a) Enhance crime prevention and emergency service through community outreach, procedural justice, critical incident response, City/regional partnerships, and employee development. b) Continue to pursue green initiatives and build a sustainable city through implementing the climate action plan and energy roadmap. c) Help organize community events and support social gatherings that benefit the total community. d) d) Implement updated sign ordinance to improve community character and draw attention to important gateways, corridors and intersections with improved signage and wayfinding. Build "Together We Can" campaign to make National City cleaner, safer, and healthier. e) Support the Balanced Plan and work with the San Diego Unified Port District and its tenants to fund public improvements in the Marina District. Objective #4 - Enhance Housing and Community Assets a) Continue providing housing opportunities at all income levels and develop programs to improve existing conditions. Adopt a comprehensive long term strategy to address homelessness. b) Complete Paradise Creek Apartments and Educational Park. Continue to plan and build Transit -Oriented Developments/Districts. c) Maintain and improve City's infrastructure and find alternative funding to construct public facilities, park improvements, street maintenance, and other capital needs. Complete comprehensive needs assessment and establish priorities through funding options. d) Preserve and promote cultural assets and historic resources, such as Granger Music Hall, Kimball House, Stein Farm, and the Depot. Formalize a public art program that provides funding for art and culture through a "percent for art" program. e) Administer real property assets and property management plans to achieve the City's long term goals. 3 220 of 488 c 3FoR,' A �►.. NIkTIONA .. LC zirciia a wx o Objective #5 - Promote a Healthy Community a) Expand opportunities for walking and biking through the development of Community Corridors and Safe Routes to Schools consistent with the National City General Plan and Bicycle Master Plan. b) Continue to provide affordable City programs, activities and services that are accessibie for all users, including individuals with disabilities (Americans with Disabilities Act). c) Enhance neighborhood services programs such as graffiti abatement, parking enforcement, and code enforcement and increase efficiency with new technology. Adopt a Parking Management Plan as part of an update to the Downtown Specific Plan. d) Implement Neighborhood Action Plans and continue amortization efforts by working with residents and businesses. e) Advance National City wellness programs for youth, families, seniors and City employees that encourage a healthy lifestyle and develop a workplace safety program. 4 221 of 488 I. RESOLUTION NO: 2017 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2017-2022 STRATEGIC PLAN WHEREAS, at the February 7, 2017 and February 28, 2017 City Council Budget Workshops, the City Manager presented the Recommended Strategic Plan for 2017-2022 to the City Council for consideration and discussion. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the 2017-2022 Strategic Plan attached hereto as Exhibit "A". PASSED and ADOPTED this 21st day of March, 2017. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ron Morrison, Mayor 222 of 488 CC/CDC-HA Agenda 3/21/2017 — Page 223 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City amending City Council Policy 105 clarifying the manner in which Councilmember initiated items are agendized. (City Manager) 223 of 488 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 21, 2017 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City amending City Council Policy 105 clarifying the manner in which Councilmember initiated items are agendized. PREPARED BY: Stacey Stevenson DEPARTMENT: City Managers Office PHONE: 336-4308 APPROVED BY: EXPLANATION: On February 21, 2017, staff brought before the City Council a discussion of establishing City Council policies governing the order in which agenda items are placed on the City Council agenda and the manner in which councilmember initiated items are agendized (attached). The former was in response to a June 21, 2016 request from Councilmember Mona Rios. The latter was in response to a January 21, 2017 request from Councilmember Albert Mendivil. At the conclusion of the discussion, the City Council voted 4-1 to maintain the current order of the agenda. As to the matter of the agendizing of councilmember initiated items, the Council voted 3-2 for councilmember requests to agendize items to occur under City Council Comments, with a majority vote of the Council required. In response to the above, staff brings forward for Council consideration an amendment to Council Policy 105 that would effectuate the February 21, 2017 Council action related to the agendizing of councilmember initiated items. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: There is no fiscal impact associated with this item. ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution amending Council Policy 105 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: • Current Council Policy 105 • Proposed revisions to Council Policy 105 — Track Changes • Proposed revisions to Council Policy 105 — Clean Version • February 21, 2017 agenda item ILL4 OT 4tfti CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Off Agenda Items and Placing Non -Agenda POLICY #105 Items on the Agenda ADOPTED: March 12, 1985 AMENDED: October 8, 2013 Purpose In order for both the City Council and City staff to be adequately prepared to discuss City business during Council meeting, items for discussion shall be placed on the agenda in accordance with established Council agenda deadlines and in compliance with the Ralph M. Brown Act. Generally, items not on the agenda cannot be discussed or considered during a Council Meeting. This policy discusses the limits upon non -agenda items and how to place those items onto the agenda. Policy A. Non -Agenda Items Requiring Immediate Action Matters requiring Council action must be placed onto a Council Agenda in a timely manner in order for Council to consider the matter. It is the policy of the City Council that in accordance with the Ralph M. Brown Act, off -agenda items requiring Council approval will not be considered by the City Council except under the following two circumstances: 1. An emergency situation exists; or, 2. The Council determines by a two-thirds vote, or by a unanimous vote if less than two-thirds of the Council is present, that: a. there is a need for immediate action, and b. the need to take action on the item arose after the posting of the agenda; If the Council finds that the need to take action arose subsequent to the agenda posting, pursuant to criteria 2 above, it shall make those findings by separate motion, including the factual reasons supporting the findings. The findings shall be reflected in the Council minutes. B. Council Comments Leading to Future Agenda Items A Councilmember may, under City Council Comments, give an informational report on any item not on the agenda, providing that no discussion or action takes place on that item. That item, however, may be requested to be placed on a future agenda for discussion or other action. Additionally, Council members may, at a regularly scheduled meeting, request items to be placed on future agendas for Council action, discussion, or consideration. The Page 1 of 2 225 of 488 TITLE: Off Agenda Items and Placing Non -Agenda POLICY #105 Items on the Agenda ADOPTED: March 12, 1985 AMENDED: October 8, 2013 Councilmember referring the item will provide a brief description of the subject to be printed for the agenda packet, sufficient to inform the City Council and public of the nature of the item. The scheduling, consideration, and action taken on all agenda items will be made subject to the Ralph M. Brown Act. C. Non -agenda Public Comment / Public Oral Communications Citizens shall have the right to address the City Council on any matter within the elected body's jurisdiction, subject to a 3-minute time limit. The City Council may listen to the speaker's comments, but cannot discuss or take action on, citizen communications not on the agenda. Non -agenda public comment may be referred to staff for administrative action or placement on a subsequent agenda, as deemed appropriate by staff. D. Requests To Speak All request -to -speak forms must be completed and submitted to the City Clerk prior to the beginning of the item in question. Related Policy References National City Municipal Code, Chapter 2.04 Ralph M. Brown Act Prior Policy Amendments None Page 2 of 2 226 of 488 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Off Agenda Items and Placing Non -Agenda POLICY #105 Items on the Agenda ADOPTED: March 12,1985 AMENDED: October 8, 2013 Purpose In order for both the City Council and City staff to be adequately prepared to discuss City business during Council meeting, items for discussion shall be placed on the agenda in accordance with established Council agenda deadlines and in compliance with the Ralph M. Brown Act. Generally, items not on the agenda cannot be discussed or considered during a Council Meeting. This policy discusses the limits upon non -agenda items and how to place those items onto the agenda; and the process through which Councilmembers request to place items on a future agenda (refer to Section B below). Policy A. Non -Agenda Items Requiring Immediate Action Matters requiring Council action must be placed onto a Council Agenda in a timely manner in order for Council to consider the matter. It is the policy of the City Council that in accordance with the Ralph M. Brown Act, off -agenda items requiring Council approval will not be considered by the City Council except under the following two circumstances: 1. An emergency situation exists; or, 2. The Council determines by a two-thirds vote, or by a unanimous vote if less than two-thirds of the Council is present, that: a. there is a need for immediate action, and b. the need to take action on the item arose after the posting of the agenda; If the Council finds that the need to take action arose subsequent to the agenda posting, pursuant to criteria 2 above, it shall make those findings by separate motion, including the factual reasons supporting the findings. The findings shall be reflected in the Council minutes. B. Councilmember Comments and Requests to Place Items on a Future AgendaLeading to Future Agenda Item;, 1. A Councilmember seeking to place an item on a future agenda shall make such• - request under City Council Comments. .- 2. A Councilmember may, under City Council Comments; shall also be the -- opportunity for Councilmembers to give an informational report on any item not Page 1 of 2 Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" 1 Formatted: List Paragraph, Indent: Left: 0.75" Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" 227 of 488 on the agenda, providing that no discussion or action takes place on that item. discussion or other action. TITLE: Off Agenda Items and Placing Non -Agenda POLICY #105 Items on the Agenda ADOPTED: March 12,1985 AMENDED: October 8, 2013 3. Councilmember requests for items to be placed on a future agenda either under.- - - - bullet 1 of this section or in response to and/or continuation of a report made under bullet 2 of this section require a majority vote of the City Council. Additionally, Council members may, at a regularly scheduled meeting, request consideration. The Councilmember referring the item will provide a brief description of the subject to be printed for the Councilmember referring the item will p ,idea brief de criptio oft a �. bject 10 be printed f r the o«.i....acket sufficient to inform the City Council and public of the nature of the item. The scheduling, consideration, and action taken on all agenda items will be made subject to the Ralph M. Brown Act. C. Non -agenda Public Comment / Public Oral Communications Citizens shall have the right to address the City Council on any matter within the elected body's jurisdiction, subject to a 3-minute time limit. The City Council may listen to the speaker's comments, but cannot discuss or take action on, citizen communications not on the agenda. Non -agenda public comment may be referred to staff for administrative action or placement on a subsequent agenda, as deemed appropriate by staff D. Requests To Speak All request -to -speak forms must be completed and submitted to the City Clerk prior to the beginning of the item in question. Related Policy References National City Municipal Code, Chapter 2.04 Ralph M. Brown Act Prior Policy Amendments NoneOctober 8. 2013 Page 2 of 2 Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" 228 of 488 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Off Agenda Items and Placing Non -Agenda POLICY #105 Items on the Agenda ADOPTED: March 12, 1985 AMENDED: October 8, 2013 Purpose In order for both the City Council and City staff to be adequately prepared to discuss City business during Council meeting, items for discussion shall be placed on the agenda in accordance with established Council agenda deadlines and in compliance with the Ralph M. Brown Act. Generally, items not on the agenda cannot be discussed or considered during a Council Meeting. This policy discusses the limits upon non -agenda items and how to place those items onto the agenda; and the process through which Councilmembers request to place items on a future agenda (refer to Section B below). Policy A. Non -Agenda Items Requiring Immediate Action Matters requiring Council action must be placed onto a Council Agenda in a timely manner in order for Council to consider the matter. It is the policy of the City Council that in accordance with the Ralph M. Brown Act, off -agenda items requiring Council approval will not be considered by the City Council except under the following two circumstances: 1. An emergency situation exists; or, 2. The Council determines by a two-thirds vote, or by a unanimous vote if less than two-thirds of the Council is present, that: a. there is a need for immediate action, and b. the need to take action on the item arose after the posting of the agenda; If the Council finds that the need to take action arose subsequent to the agenda posting, pursuant to criteria 2 above, it shall make those findings by separate motion, including the factual reasons supporting the findings. The findings shall be reflected in the Council minutes. B. Councilmember Comments and Requests to Place Items on a Future Agenda 1. A Councilmember seeking to place an item on a future agenda shall make such request under City Council Comments. 2. City Council Comments shall also be the opportunity for Councilmembers to give an informational report on any item not on the agenda, providing that no discussion or action takes place on that item. Page 1 of 2 229 of 488 TITLE: Off Agenda Items and Placing Non -Agenda POLICY #105 Items on the Agenda ADOPTED: March 12,1985 AMENDED: October 8, 2013 3. Councilmember requests for items to be placed on a future agenda either under bullet 1 of this section or in response to and/or continuation of a report made under bullet 2 of this section require a majority vote of the City Council. The scheduling, consideration, and action taken on all agenda items will be made subject to the Ralph M. Brown Act. C. Non -agenda Public Comment / Public Oral Communications Citizens shall have the right to address the City Council on any matter within the elected body's jurisdiction, subject to a 3-minute time limit. The City Council may listen to the speaker's comments, but cannot discuss or take action on, citizen communications not on the agenda. Non -agenda public comment may be referred to staff for administrative action or placement on a subsequent agenda, as deemed appropriate by staff. D. Requests To Speak All request -to -speak forms must be completed and submitted to the City Clerk prior to the beginning of the item in question. Related Policy References National City Municipal Code, Chapter 2.04 Ralph M. Brown Act Prior Policy Amendments October 8, 2013 Page 2 of 2 230 of 488 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: Fcbruary 21, 2017 AGENDA ITEM NO. ITEM TITLE: Discussion of establishing City Council policies governing the following matters: (a) the order in which agenda items are placed on the City Council agenda; (b) the manner in which councilmember initiated items are agendized. PREPARED BY: Stacey Stevenson DEPARTMENT: City Managers Office PHONE: 336-4308 APPROVED BY: (7Dehf EXPLANATION: The matter before the City Council is a discussion of Council policy. Part A: at the June 21, 2016 regular meeting of the City Council, Councilmember Mona Rios requested that staff return with information on the order in which items are placed on the City Council agendas of the seventeen other cities in San Diego county. An attached document provides the titles and order of various sections of the Council agendas for said cities. Part B: During Council Comment at the January 21, 2017 meeting of the City Council, Vice Mayor Mendivil requested that a survey be conducted as to the process by which councilmembers initiate agenda items in other cities; and that the matter come before the City Council as a policy discussion. In response, staff issued a survey through the League of California Cities. In total, 14 cities responded. The responses are summarized in an attachment. Of the 14 respondents, 10 provided governing policy documents. Said policies are also attached for consideration. With this item, staff brings these matters back before the City Council for further discussion and/or direction. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: There is no fiscal impact associated with this item. ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: STAFF RECOMMENDATION: FINAL ADOPTION: Finance MIS Provide direction to staff related to (a) a policy on the order in which agenda items are placed on the City Council agenda; (b) a policy on the manner in which councilmember initiated items are agendized. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: • Summary of Council agenda formats, San Diego county • Summary of Survey: Councilmember Initiated Agenda Items • Written policies from the Cities of Chula Vista, Coronado, Del Mar, Elk Grove, Encinitas, Escondido, Imperial Beach, Oceanside, Santee and Windsor related to Councilmember initiated agenda items 231 of 488 County —wide Survey: The Order of City Council Agendas City Agenda Order Chula Vista • Special Orders of the Day • Consent Calendar • Items Removed from the Consent Calendar • Public Comments • Action Items • City Manager's Reports • Councilmembers' Comments • Closed Session Carlsbad • Approval of Minutes • Presentation • Public Report of Any Action Taken in Closed Session • Consent Calendar • Ordinances for Introduction • Ordinances for Adoption • Public Comment • Public Hearings • Departmental and City Manager Reports • Council Reports and Comments • City Manager Comments • City Attorney Comments • Announcements (to advice the community regarding events that members of the City Council have been invited to and may participate in) Coronado • Approval of the Minutes • Ceremonial Presentations • Consent Calendar • Communications — Oral • City Manager/Executive Director • Public Hearings • Commission and Committee Reports • City Council • City Attorney • Communications - Written Del Mar • Oral Communications • Governing Body Actions and Comments • City Manager's Report • Community Announcements and Presentations • Consent Calendar • Public Hearings • City Council Other Business • Council Priorities — Reports • Upcoming Agenda Items 232 of 488 Survey: The Order of City Council Agendas (con't) City Agenda Order El Cajon • Presentations • Agenda Changes • Consent Items • Public Comment • Written Communications • Public Hearings • Administrative Reports • Commission Reports • Activities Reports of Mayor/Comments • Activities Reports of Councilmembers • Joint Councilmember Reports • General Information Items for Discussion • Ordinances: First Reading • Ordinances: Second Reading and Adoption • Closed Sessions Encinitas • Oral Communications • Report from Closed Session • Changes to the Agenda • Consent Calendar • Items Removed from the Consent Calendar • Action Items • Informational Items • Councilmember Initiated Agenda Item • Special Presentations and Proclamations • Future Agenda Items Added By Councilmembers • City Councilmember Reports Pursuant to AB 1234 (GC 53232.3(d))/Possible Direction to Staff • City Manager Reports/Pending Future Agenda Items • City Attorney Reports Escondido • Oral Communications • Consent Calendar • Consent — Resolutions and Ordinances • Public Hearings • Current Business • Future Agenda • Councilmembers' Subcommittee Reports • City Manager's Update/Briefing • Oral Communications Page 2of5 233 of 488 Survey: The Order of City Council Agendas (con't) City Agenda Order Imperial Beach • Agenda Changes • Mayor/Council Reimbursement Disclosure/Community Announcement/Reports on Assignments and Committees • Communications from City Staff • Public Comment • Presentations • Consent Calendar • Ordinances — Introduction/First Reading • Public Hearings/Ordinances — Second Reading and Adoption • Reports • I.B. Redevelopment Agency Successor Agency/Housing Authority Reports • Items Pulled from the Consent Calendar La Mesa • Report from Closed Session • Closed Session Report • City Manager Comments • Community Bulletin Boards • Presentations • Additions and/or Deletions to the Agenda • Public Comments (Total Time — 15 minutes) • Consent Calendar • Ordinances: First Reading • Hearings/Ordinances: Second Reading • Hearings • Staff Reports (Action Items) • Council Committee Reports • AB 1234 Reports (GC 53232.3(d)) • Council Initiated • City Attorney Remarks Lemon Grove • Changes to the Agenda • Presentation • Public Comment • Consent Calendar • [all other business items are listed in no particular order] • City Council Oral Comments and Reports on Meetings Attended at the Expense of the City • Department Director Reports (Non -Action Items) • Closed Session Page 3 of 5 234 of 488 Survey: The Order of City Council Agendas (con't) City Agenda Order Oceanside 5:00 p.m. • Consent Calendar Items • General Items • City Manager/City Attorney Items • Council Reports 6:00 p.m. • Proclamations and Presentations • Closed Session Report • Public Communications on Off -Agenda Items • Public Hearings (time certain 6:00 p.m.) • Mayor and/or Councilmember Items • Adoption of Ordinances Poway • Presentations • Public Oral Communications • Consent Calendar • Ordinance • Public Hearing (includes introduction of Ordinances) • Staff Report • Workshop • Mayor and City Council -Initiated Items • City Manager Items • City Attorney Items San Diego Monday • Mayor, Council, Independent Budget Analyst, City Attorney, City Clerk Comment • Updates on Pending Legislation (Mayor) • Requests for Continuance • Adoption Agenda, Discussion, Committee Items • Non -Agenda Public Comment • Public Notices • Non -Docket Items • Adjournment in Honor of Appropriate Parties Tuesday • Approval of Council Minutes • Adoption Agenda, Consent Items • Adoption Agenda, Discussion, Hearings • Non -Docket Items • Adjournment in Honor of Appropriate Parties San Marcos • Proclamations and Presentations • Consent Calendar • Oral Communications • Public Hearing • New Business • Oral Communications — Continued • Reports (including AB 1234 Reporting Requirements) • Council Commentary • Closed Session Page 4 of 5 235 of 488 Survey: The Order of City Council Agendas (con't) City Agenda Order Santee • Presentation • Consent Calendar • Public Hearing • Ordinances • City Council Items and Reports • Continued Business • New Business • Communication from the Public • City Manager Reports • CDC Successor Agency • Santee Public Financing Authority • City Attorney Reports • Closed Session Solana Beach • Oral Communications • Council Community Announcements/Commentary • Consent Calendar • Public Hearings • Staff Reports • Compensation and Reimbursement Disclosure • Council Committee Reports Vista • Approval of the Agenda • Closed Session • Presentation • Consent Calendar • Items Removed from the Consent Calendar for Discussion • Public Hearing • Discussion • Oral Communications • Remarks (from members of the governing bodies on outside committee meetings) • Remarks (from City officials and members of the governing bodies) Page 5 of 5 236 of 488 CALIFORNIA NATIONAL Cnir %— 53:31 �NCORPOR PT I; State-wide Survey: Councilmember Initiated Agenda Items January, 2016 City Policy/Practice Policy Document Notes Chula Vista At a Council meeting: majority vote to place an item on a future agenda. Outside of a Council meeting (urgency items): the Council may communicate outside an open meeting for the limited purpose of determining whether a majority of the members agree to add an item to the agenda. "Request to Add Agenda Item" form to the City Clerk, City Attorney and City Manager five days prior to the meeting. Clerk emails Council. If at least 3 agree by the deadline, the item goes on the agenda (no response is deemed a vote in opposition). yes These items are placed under Council Comments Coronado A single page request should state the matter to be discussed. If a majority of the Council votes to include the item as an action item at a subsequent Council meeting, the staff will be directed to provide a staff report on the matter including costs of the action and alternatives as soon as the research and staff report can be reasonably completed. y es Requests are placed under the Communications Written section of the agenda Del Mar Any two councilmembers may request that an item be placed on a Council agenda for discussion and possible action. Request must be submitted to the City Manager with a written memo. yes El Cajon That councilmember puts a Staff Report on the agenda under their "Council Reports" section of the agenda requesting that the City Council approve the item to be researched and brought back by staff at a future City Council meeting for further discussion. If no research or work is needed by staff, the request is simply that the City Council agree to discuss and/or take action on the item at a future City Council Meeting. Policy is not current. 237 of 488 Survey: Council Initiated Agenda Items (can't) City Policy/Practice Policy Document Notes Elk Grove A councilmember may request an item be considered on a future agenda and, upon agreement by a majority of Council, staff will prepare a staff report. Councilmembers may request verbally during a meeting or may submit written requests. If the item is raised during the councilmember comment section of a regular meeting, the City Manager shall prepare, for consideration at the next meeting, a brief staff report that provides a general outline of the steps to be taken. Before implementation of the steps, the full Council will then provide direction. yes Encinitas During a Council mtg: The Chair can give an express, oral direction the City Manager. If a councilmember disagrees, the councilmember can make a motion to vote on the addition. The vote is without discussion of the merits of the item. A councilmember, with the support of a second councilmember can place an item on a future agenda. Council initiated items are prepared by the requesting councilmember and require no staff time. yes Administrative Manual Escondido Request to Clerk in writing or via email to list under Future Agenda Items. Only after the item receives the assent of two councilmembers and has appeared as a Future Agenda Item at least once may it appear on the regular Council agenda. yes Council Resolution Gilroy At the beginning of the council meeting, there is an item on the agenda entitled "Future Council Initiated Agenda Items". If a councilmember would like to have an item on the agenda they bring it up at this time. The item may go on the agenda as a council initiated item and then it will take four votes of the council at a future meeting to direct staff to do any work related to the item or for an action item to go on the agenda. 238 of 488 Page 2 of 4 January, 2016 Survey: Council Initiated Agenda Items (can't) City Policy/Practice Policy Document Notes Imperial Beach Any councilmember may request that an item be placed on a future agenda for discussion and possible action. Councilmembers submit a written request to the City Manager stating the matter to be discussed. The City Manager places the item on the council agenda to see if a majority of the council wishes to discuss the matter at a future meeting. yes La Mesa The Councilmembers usually send an email to the City Manager with their item and the Council meeting date. The City Manager forwards the email to City Clerk to add the item to the agenda. Councilmembers are asked to follow a memo format for the agenda packet. Lemon Grove A councilmember has to receive a second from another councilmember if it is not during a public meeting. If they don't then it dies because that councilmember can't ask a third member. Sometimes during a Council meeting a discussion item may lend itself to an agenda item that the majority of council will have to support in order to to place it on a future agenda. Then the Mayor will direct the City Manager to do so. Norco The councilmember wanting an item on the agenda must bring the matter up at the City Council meeting and make a motion, which requires a majority approval of the Council. The City Manager then works with the City Clerk to determine the scope of the request and when to schedule it for a future meeting. "City Council/City Manager/Staff Communications" is when Council Members may request items for future meetings. Oceanside The councilmember has to provide the item to the City Manager in writing. The City Manager places the item on the agenda under "Mayor and Council Member Items" yes Santee Councilmembers submit items in writing to the City Manager. These items are placed under the "City Council" portion of the agenda. yes 239 of 488 Page 3 of 4 January, 2016 Survey: Council Initiated Agenda Items (can't) City Policy/Practice Policy Document Notes A councilmember may request an agenda item under the Future Agenda Items section. If no objection, the request is deemed submitted to the Town Manager and scheduled on a future Windsor agenda. If there is an objection, the councilmember shall make a motion. If the motion receives a second, the request is deemed submitted and the Town Manager will schedule on a future agenda. yes Council Resolution Any councilmember may place an item on an upcoming Council agenda by: (a) verbally requesting the agenda item during a Council meeting, which does not require a vote by Council for acceptance at that time, or (b) written request to the Yreka City Manager made no later than ten days before the scheduled council meeting. Any background information or preparation for an item placed on an agenda by a councilmember is the sole responsibility of that councilmember until such time as the full Council has considered the item and directed city staff to take action. 240 of 488 Page 4 of 4 January, 2016 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: PROCESS BY WHICH THE CITY COUNCIL MAY ADD ITEMS TO A CITY COUNCIL REGULAR MEETING AGENDA POLICY NUMBER EFFECTIVE DATE PAGE 111-04 05/03/2011 1 OF 2 ADOPTED BY: Resolution No.: 2011-084 DATED: 05/03/11 AMENDED BY: Resolution No. (date of resolution) BACKGROUND Chula Vista Municipal Code Section 2.04.090.C.2. , governs how items of business may be placed on a City Council regular meeting agenda. With respect to the City Council, a majority of the Councilmembers can direct it to be done. This can be accomplished in two ways: 1. At a City Council Meeting. Since a majority of the Council must act collectively to place an item on the agenda, the preferred method of doing so would be to take action at an open meeting. The Council can vote at a City Council meeting to place an item on the agenda for an upcoming meeting. This method ensures that the action complies with the Brown Act, and avoids any appearance of impropriety. 2. Outside of a City Council Meeting. Some items of business may be of such an urgent nature that there is not sufficient time to allow a public vote prior to its addition to an agenda. In these circumstances, the City Council members may communicate outside an open meeting for the limited purpose of determining whether a majority of the members agree to add an item to the agenda. No substantive discussions may take place. PURPOSE The purpose of this policy is to implement a procedure by which a majority of the Councilmembers may place an item on the agenda, without first having to vote on it in open session. As discussed above, an open session vote is the preferred method of placing an item on the agenda, but this alternative process may be used for urgent matters. Nothing in this Policy is intended to limit the City Council's authority to call a special meeting or emergency meeting, in accordance with state and local law. In addition, nothing in this Policy is intended to limit the application of the Brown Act and its requirements for open City Council decision -making and City Councilmember communications. POLICY A Councilmember who wants to request that an item of business be added to a regular meeting agenda may do so by two methods. The preferred method shall be submitting the request to the Council for vote during open session. If a majority of the Council votes in favor of agendizing the matter, it shall be placed on a subsequent agenda, as directed by the Council. If time does not permit this process to be followed, a Councilmember may submit the request to the Council by following the process detailed below. In following this Policy, all legislative body members shall continue to comply with the Brown Act, and shall not engage in communications regarding the substance of a matter to be agendized. The communications shall be restricted solely to whether or not an item shall be placed on an agenda. 241 of 488 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: PROCESS BY WHICH THE CITY COUNCIL MAY ADD ITEMS TO A CITY COUNCIL REGULAR MEETING AGENDA POLICY NUMBER EFFECTIVE DATE PAGE 111-04 O5/03/2011 2 OF 2 ADOPTED BY: Resolution No.: 2011-084 DATED: 05/03/11 AMENDED BY: Resolution No. (date of resolution) Procedure: 1. A Councilmember desiring to add an item of business meeting agenda shall submit a "Request to Add Agenda the City Clerk, the City Attorney and the City Manager days prior to the meeting at which the item is requested immediately preceding a Tuesday Council meeting). (A to the Policy, and will be available from the City Clerk; necessary by the City Clerk in conjunction with the City 2. The person submitting the Form shall indicate the item date at which it is to be heard, a description of the urgency and all other information requested on the Form. 3. Upon receipt of the Form, and no later than 10:00 a.m. Council meeting (the Thursday immediately prior to a City Clerk will send an e-mail to each of the five Councilmembers the request and the item title, description and statement 4. The Councilmembers shall respond to the City Clerk days before the Council meeting (the Thursday immediately Council meeting). If a Councilmember does not respond be deemed a vote in opposition by that Councilmember. 5. If at least three members respond that they are agreeable the City Clerk will add it to the agenda and notify Manager that the item has been added. 6. If time permits, staff may assist with the preparation staff reports, or other materials for items added pursuant documentation required to be delivered to the Council 2.04.090.A.2. may not accompany these items, due to with their submittal. to a City Council regular Item" form (the "Form") to no later than 9:00 a.m. five to be heard (the Thursday copy of the Form is attached the Form may be revised as Attorney.) title, description, meeting associated with the item five days before the City Tuesday Council meeting) the notifying them of of urgency. no later than 2:00 p.m. five preceding a Tuesday by the 2:00 deadline, it shall to the item being agendized, the City Attorney and City of any requisite resolutions, to this process. The pursuant to CVMC Section the shortened time associated 242 of 488 POLICY #2 TITLE: Request By Member of City Council, including the Mayor, to Place an Item on a City Council Agenda POLICY: 1. Any Member of the City Council, including the Mayor, may request that an item be placed on a future City Council agenda for discussionand possible action. 2. For any item to be placed on the City Council agenda by any Member of the City Council, including the Mayor: a. A single page request should state the matter to be discussed, and the Mayor or Councilmember's recommended action to address the matter. NO additional material other than the single page request drafted by the requesting council member may be submitted to be agendized at the initial council meeting in which the matter will be heard. The request need not be written in the ultimate legal form necessary to take action on the matter at the next city council meeting. b. The request must be submitted no later than 5:00 p.m. on the Tuesday prior to the regularly scheduled City Council meeting to allow the City Attorney to review the item and determine, if the matter as written, in the single page request, should be placed on the open or closed session of the city council agenda. c. If the City Attorney determines the matter is appropriate to include in the open session agenda it will be added to the agenda as written. If the City Attorney determines the matter should be discussed in closed session, the City Attorney will draft the required agenda wording for listing the matter under closed session on the public portion of the City Council agenda. The single page request written by the requesting City Councilmember or Mayor will be provided to the entire City Council in the closed session information packet. 3. If a majority of the City Council votes to include the item as an action item at a subsequent City Council meeting, the staff will be directed to provide a staff report on the matter including costs of the action by the requesting Councilmember or Mayor and recommendation (if any) among alternatives (if any) as soon as the research and staff report can be reasonably completed at a subsequent City Council meeting for either the open or closed sessions. DISCUSSION: The Agenda is a lawful tool used by the City Council to conduct the public's business. To accommodate the diversity of the City's citizens, each Councilmember and the Mayor, as representatives of the public, should be afforded the opportunity to present matters for City Council consideration. Adopted by: City Council Minute Order on October 4, 2011 2 243 of 488 CITY OF DEL MAR CITY COUNCIL POLICY BOOK REQUEST BY MEMBERS OF CITY COUNCIL TO PLACE AN ITEM ON A CITY COUNCIL AGENDA POLICY: PAGES: 1 OF 1 1. Any two City Councilmembers may request that an item be placed on a City Council Agenda for discussion and possible action. 2. For the item to be placed on the agenda: a. The request must be submitted to the City Manager with a written memo containing the wording of the agenda item and a brief explanation of the issue to be discussed; and b. The request must be submitted no later than 5:00 p.m. on the Tuesday prior to the regularly scheduled City Council meeting. 3. Generally, a Staff Report will not be prepared for the item. DISCUSSION: The agenda is a lawful tool used by the City Council to conduct the public's business. To accommodate the diversity of the City's citizens, City Councilmembers, as representatives of the public, should be afforded the opportunity to present matters for City Council consideration. 244 of 488 ELK GROVE The City Manager reviews and approves all items for the Council agenda. Agenda packets are compiled, photocopied, converted electronically, posted to the Web, and distributed through the City Clerk's Office, pursuant to the Agenda Preparation & Staff Report Guidelines for City Council Meetings. Once the agenda packet has been delivered to the City Council, items may be added to an agenda only upon the concurrence of the Mayor and only as authorized by the Ralph M. Brown Act. EXTERNAL AGENDA REQUESTS A member of the public may request that an item be placed on a future agenda during public comment or through other communication with Council members. Upon approval by a majority of Council, the item will be agendized and a staff report prepared. The City Manager will inform the Council of the potential impact the request will have on established priorities or staff workload and seek approval by the City Council before authorizing the work or scheduling the item as appropriate. Again, based on the Finance Department, City Attorney, and City Clerk deadlines, staff usually requires at least a month to prepare a matter for a Council agenda. COUNCIL MEMBER AGENDA REQUESTS A Council member may request an item be considered on a future agenda and, upon agreement by a majority of Council, staff will prepare a staff report. Council members may make requests verbally during a meeting or may submit written requests. If the item is raised during the Council member comment section of a regular meeting, the City Manager shall prepare, for consideration at the next regular meeting, a brief staff report that provides a general outline of the steps to be taken. Before implementation of the steps, the full Council will then provide direction pursuant to that agenda item. PRESENTATIONS Most requests for presentations by civic groups and local organizations and requests for recognition of Eagle Scouts or for excellence in academics, athletics, etc. shall be honored as feasible and appropriate and placed under the "Presentations" segment of the agenda. All 8IPagc 245 of 488 CITY OF ENCINITAS ADMINISTRATIVE MANUAL Policy Title: Policies & Protocols for City Council Meetings. Responsible Department: City Manager's Office Approved By: City Council Section: City Council Number: C003 Date Approved: 08/26/09 Revised: 03/2012 7/17/2013, 7/09/2014, 9/17/2014, 9/9/2015 I. Placing Items on a City Council Agenda To establish the procedures by which items are added to the City Council agenda when requested by Council Members, staff or the public. A. To Add Item during a Meeting to that Meeting's Agenda To add an item to a meeting in progress, the Brown Act requires 4/5ths of the City Council (or three if there are only three present) to find that the item came to the City's attention during the previous 72 hours and there is a need to take action before the City Council's next meeting. B. To Add an Item during a Meeting to a Future Agenda 1. The Chair gives an express, oral direction to the City Manager. 2. At the request of a Council Member, with the support of a second Council Member, an item will be placed on a future agenda. 3. Requests from members of the audience, after being authorized to speak, may be considered under the "Future Agenda Items Added by Council" section of the agenda at the initiation of a Council Member with the support of a second Council Member. 4. If a Council Member disagrees with the Chair's direction to the City Manager, the Council Member can make a motion to vote on the addition. The vote is without City Council discussion of the merits of the item or the basis of the request. Wage 246 of 488 5. The Chair may, with support of the majority of the City Councils refer items to a Commission or Subcommittee for further review. C. Council Initiated Agenda Item 1. City Council Members may add a Council Member Initiated Agenda Item to a City Council Meeting agenda. 2. Council Initiated Items are prepared by the requesting Council Member and require no staff time. 3. Council Initiated Items must be submitted to the City Clerk no later than noon the Wednesday prior to the next City Council meeting and are not reviewed by the Mayor or City Manager prior to submission to the City Clerk. D. Process for Developing Agendas 1. The City Manager is authorized to place items on agendas that are generated by city administrative requirements, laws, or City ordinances, for example: warrants contract awards appeals adoption of ordinances permit applications issued by Council. 2. The City Manager shall review with the Mayor, or the Deputy Mayor in the absence of the Mayor, a schedule of future agenda items. E. List of Pending Agenda Items 1. The City Manager will maintain a list of pending agenda items that have been requested and agreed to, but have not yet been scheduled. 2. The list will be included as an attachment to the Council agenda with the City Manager's best estimate of when the item is likely to come before the Council. II. Council Meetings It is the intent of the City Council that rules be established for the management of Council meetings to ensure compliance with relevant laws and to conduct the public's business in an open, transparent, and efficient manner. The Council strives to ensure that business requiring Council deliberation and action is given priority in the planning and conduct of Council meetings, and that the public has the opportunity to make comments and provide input on any item of interest. 21Pa,gr 247 of 488 A. Council Members' Rules of Procedure 1. Procedural Rules: All meetings of the City Council shall be conducted in an orderly manner designed to expedite the business of the City Council. Robert's Rules of Order will be used as a guide to resolve questions of parliamentary procedures. The City Attorney shall serve as the Parliamentarian. 2. Consent Calendar: Those matters which are considered routine by the City Manager shall be initially placed on the consent calendar. Before adopting the consent calendar, the Chair will ask members of the public and members of the City Council whether anyone wishes to add an agenda item to the consent calendar or to move a matter from the consent calendar to the regular agenda. Council will then proceed with consideration of the remaining Consent Calendar. The consent calendar will be enacted upon with one motion, and the ordinances being read by title will be waived. There will be no separate discussion of these matters. Items pulled from the consent calendar will be considered immediately following adoption of the remaining consent calendar, and staff reports will only be given if requested by the person who pulled the item. 3. Action of City Council: the City Council shall act by motion, motion to adopt resolution or motion to adopt ordinance, or may give direction by consensus. 4. Rules of Debate: Debate upon all matters pending before the City Council shall be under the direct supervision of the Chair and conducted in such a manner as to expedite the business of the City Council, subject to the procedural rules of the City Council and Robert's Rules of Order. 5. The use of personal electronic devices on the dais shall be limited to official agenda -related tasks and emergency notifications. If, in the opinion of the Chair, a Council Member's use of an electronic device is disruptive to Council deliberations or disrespectful to the public, the Chair may request that the Council Member cease his or her use of such device. 6. Remarks by Council Members: Every Council Member desiring to speak shall so indicate using the "request to speak" button on the display screen or otherwise address the Chair. Upon recognition by the Chair, the Council Member shall confine remarks to the item under consideration, avoiding remarks regarding the personalities 3IPa_gc 248 of 488 involved and avoiding indecorous language. A Council Member, once recognized, shall not be interrupted when speaking unless it is to call him/her to order. If a Council Member while speaking is called to order, the Council Member shall cease speaking until the question of order is determined. No Council Members shall make a statement representing the City's position or policy unless supported by a motion or resolution of the City Council. 7. Abstention Votes: Unless a member of the City Council audibly votes in the negative, silence shall be recorded as an affirmative vote. An abstention shall be recorded as a vote with the majority. The Council Member abstaining may state a short sentence explaining the reason for abstaining and this sentence shall be included in the minutes. (This assumes that the abstentions are not due to a conflict of interest. In a conflict of interest, the conflicted Member leaves the room and is considered absent for purposes of both a quorum and a vote.) 8. Teleconferencing: Teleconferencing shall be allowed as per Government Code. B. Citizen Participation in Council Meetings — Oral Communications 1. At each regular City Council meeting up to 30 minutes shall be reserved for Oral Communications. 2. The purpose of oral communications is to bring to the attention of the Council a matter or matters which do not appear on the agenda. Remarks shall be addressed to City Council as a body and not to any member of the City Council, staff or the public. State law prohibits Council action on non -agenda items because the public would be unaware prior to the meeting of any potential action. If needed, Oral Communication items will be referred to the City Manager either for resolution by administrative action or placement on a future agenda by the Chair or at the request of at least two Council Members. 3. White speaker's slips will be available at the back of the Council Chambers to be filled out indicating a person's wish to address the Council under the agenda title "Oral Communications" and the subject on which the person wishes to speak. The slips will be accepted by the City Clerk in the Council Chambers no earlier than 30 minutes before the start of the meeting. All oral communications speaker slips must be received by the Clerk by the start of oral communications. 4. The City Clerk will review the slips. The Clerk will inform the Chair of the number of slips. If the number of speakers, at three minutes each, exceeds the 30 minute allotted time for Oral Communications, the 4IPage 249 of 488 Chair, in consultation with the Council, will determine the time allotted per speaker, extension of Oral Communications time, or continuation of remaining speakers to the end of the meeting. 5. Donations of time from one speaker to another will not be permitted in Oral Communications. 6. Only the Chair shall respond to a speaker during Oral Communications. Discussion is not allowed under law. If a Council Member has a valid question to clarify the issue, the question will be directed through the Chair. C. Public Comment on Agenda Items 1. The public is allowed to comment on items which appear on the agenda. 2. Speaker slips will be available in the Council Chambers to be submitted by persons wishing to speak on an agenda item. The normal time allowed for a person to speak will be three minutes. Donation of time from one person to another will be permitted with up to two time donations for a maximum of 9 minutes, when speaking. The donor must be present. The Chair shall have the authority, with Council consensus, to reduce equally each speaker's time to accommodate a larger number of speakers, or to limit the total speakers' time on an agenda item. 3. Speaker slips for agenda items will be accepted by the City Clerk in the Council Chambers no earlier than one-half hour before the meeting and up until the public testimony on the item is finished. Included on the speaker slip shall be the option for an individual to register support or opposition but do not wish to speak (individual must be present). 4. Remarks shall be addressed to City Council as a body and not to any member of the City Council, staff or the public. No person shall enter into a discussion without the permission of the Chair. No questions shall be asked of a City Council Member or staff member except through the Chair. The Chair may limit interaction between Council Members and public speakers to questions of clarification. 5. If there is a group representing a common position, designation of a spokesperson is encouraged. The Chair may allot a fixed amount of time for presentations of this nature. Commonly 10 minutes. 5IPage 250 of 488 6. Outside presentations shall be limited to 10 minutes maximum unless additional time has been requested through the City Clerk with approval by the Mayor. D. Public Hearings 1. Public Hearings are occasions specifically for the purpose of obtaining public input. 2. Speaker slips will be available in the back of the Council Chambers to be submitted by persons wishing to speak at a public hearing. 3. Speaker slips will be accepted by the City Clerk in the Council Chambers no earlier than one-half hour before the meeting and up until the public testimony on the item is finished. 4. The normal time allowed for a person to speak in a public hearing will be three minutes. The Chair shall have the authority, with Council consensus, to reduce equally each speaker's time to accommodate a larger number of speakers, or to limit the total speakers' time in a public hearing. 5. Donation of time from one person to another will be permitted with up to two time donations for a maximum of 9 minutes, when speaking in a public hearing. The donor must be present. 6. If there is a group representing a common position, designation of a spokesperson is encouraged. The Chair may allot a fixed amount of time for presentations of this nature. Commonly 10 minutes. E. Public Hearings on Appeals 1. Participation in Public Hearings on appeals is limited to appellant/application initial objectors, initial supporters and persons whose interests may be affected by the outcome of the hearing. Common practice is allowing speaking time of 10 minutes for both applicant and appellant with 5 minutes each for rebuttals. Note: Please see Municipal Code Section 1.12.030A on the time constraints for submitting material relating to Public Hearings on Appeals. F. Written Communications 1. Per Government Code Section 54957.5, any agenda related writings received by a majority of the City Council within 72 hours before a 61Pagc 251 of 488 regular meeting, must be distributed to all Council Members and a copy placed in the designated binder in the City's lobby. However, it is the City's practice to distribute all written correspondence received by any one Council Member to all Council Members and correspondence pertaining to an agenda item, is also placed in a binder in the lobby. 2. Written communications may also be presented to the City Clerk at City Council meetings, as part of the record of the meeting and for distribution to the City Council. G. Minutes 1. The City Clerk is instructed to prepare action minutes for each Council meeting. The City Clerk shall add a brief description /topic for oral communication speakers, add any staff direction to the minutes that was a result of oral communication requests, add a one sentence statement as to why an item was removed from the Consent Calendar, and note whether the speaker was speaking in favor or opposition to agendized items. 2. A City Council Member has the right to have entered into the minutes a brief sentence of the Council Member's reasons for dissenting from or protesting against an action of the City Council. H. General Meeting Rules The City Council is pleased to have people attend Council Meetings to participate in their local government. The following rules are established in order to insure an orderly meeting where all can exercise their rights of free speech: 1. No smoking. 2. No alcohol. 3. Signs limited to 8-1/2" X 11" or smaller flexible paper without rigid support (due to safety concerns). 4. To assure that every speaker is listened to in a respectful manner, cheering, shouting or disruptive behavior shall not be tolerated. The Chair may direct appropriate remedial action if necessary. 5. In the interests of saving time, Council requests that the audience refrain from clapping for speakers. 6. No pets are allowed in Council Chambers. Service animals are permitted. 7IPagc 252 of 488 I. Communication Guidelines Council Communication Guidelines • Articulate own perspective with respect • Focus on making "informed decisions" • Stay on topic -current agenda item • Ask questions for clarification -clarify the facts • Acknowledge legitimate disagreement • Respect the majority opinion • Be courteous, professional and respectful Community Communication Guidelines Welcome to our Council meeting. When addressing the Council, please: • Address the Council as a body, not individuals • Clarify your goal/purpose at the outset • Respect the three -minute time limit -stop at the buzzer • Council may ask questions for clarification • No dialogue with Council during oral communications • Be courteous, professional and respectful J. Applications of Rules to Boards, Commissions, and Committees For consistency of meeting procedures and protocol, these rules shall apply to all boards, commissions, and committees of the City of Encinitas. 81Pa_gc 253 of 488 RESOLUTION NO. 2014-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ESCONDIDO, CALIFORNIA, AMENDING AND READOPTING RULES OF PROCEDURE FOR CITY COUNCIL MEETINGS AND CITY COUNCIL POLICIES WHEREAS, the City Council of the City of Escondido, State of California, has previously adopted resolutions which provide Rules of Order and Procedure for City Council meetings and certain written policies governing Council procedures and methods of operation which are amended from time to time; and WHEREAS, the Council wishes to re -adopt its Rules and Policies for the purpose of including certain amendments and clarifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California, as follows: 1 That the above recitations are true. 2. That the following sections shall govern the City Council: Section A: Rules of Order and Procedure 1. Time of Regular Meetings. Unless the City Council schedules otherwise or cancels a meeting, the City Council shall hold regular meetings at 3:30 p.m. commencing with closed session items and thereafter at 4:30 p.m. commencing with a public session on each of the first four (4) Wednesdays of each calendar month at the City Hall. 254 of 488 2. Matters Covered. For the purpose of efficiently focusing only on matters affecting the City of Escondido, the Council shall not consider any resolution, motion or matter which does not affect the conduct of the business of the City of Escondido or its corporate powers or duties as a municipal corporation nor shall the Council consider any resolution or motion supporting or disapproving any legislation or action pending in the Legislature of the State of California, the Congress of the United States or before any officer or agency of said State or nation unless such proposed legislation or action, if adopted, will affect the conduct of the municipal business or the powers and duties of the City of Escondido or its officers or employees as such. 3. Order of Business. Regular business of the Council at the 4:30 p.m. public session shall be taken up for consideration in substantially the following order, except as may be otherwise ordered by the Mayor or Council: a. Moment of Reflection b. Flag Salute c. Roll Call d. Introductions/Proclamations/ Presentations e. Oral Communications f. Consent Calendar, including Affidavits of Publications, Mailing, Posting, Warrant Register & Minutes Ordinances and Resolutions Public Hearings g. h. 255 of 488 Current Business Matters j. Briefing (Staff) k. Future Agenda Items Oral Communications m. Council/Commission Member Comments o. Adjournment 4. Consent Calendar Defined From time to time the Council may schedule a "workshop" style meeting. Such workshops shall comply with all applicable laws and shall be dedicated primarily to general information gathering and sharing, discussion and possible direction to staff. Final actions of the Council shall not take place at workshop sessions. Those items on the Council agenda which are generally considered routine matter of business such as the approval of minutes, Treasurer's Quarterly Investment Report, bid awards, resolutions setting hearings, final maps and various leases and agreements are listed on the "Consent Calendar" and shall be adopted by one motion unless Council, staff or a member of the public requests specific items to be discussed and/or removed for separate action. Those items so approved under the heading "Consent Calendar" will appear in the Council minutes in their proper form, i.e., resolution accepting grant deed or easement, approval of minutes, award of bid, etc. 5. Oral Communications. Time has been reserved near the beginning and end of each regular meeting agenda to provide an opportunity for members of the 256 of 488 public to directly address the Council on items of interest to the public. Comments on an item already appearing on the agenda shall only be taken at the time reserved for discussion of that agenda item. No action will be taken by the Council on items discussed under Oral Communications, except to refer the matter to staff or schedule for future action. 6. Council Member Comments. The Council Member comments agenda item provides members of the Council an opportunity to raise items not currently before the Council for updates and briefing. No action or discussion shall occur on any such matter. 7. Council Action. Upon motion being made and seconded by any Council member, a roll call vote shall be taken. A motion that fails to obtain a second or a majority vote shall die. 8. Manner of Addressing Council - Time Limit. a. Each person addressing the Council shall step up to the microphone, shall state their name and city of residence in an audible tone of voice for the record and, unless further time is granted by concurrence of the Council, shall limit their address to three (3) minutes. If significant numbers of persons desire to speak on a given item, the presiding officer shall limit speaking times. Longer time limits may be 257 of 488 permitted for an applicant, appellant, or spokesperson for a larger group, at the discretion of the presiding officer. b. Whenever any group of persons wishes to address the Council on the same subject matter, it shall be proper for the presiding officer to request that a spokesperson be chosen by the group to address the Council and, in case additional matters are to be presented at the time by any other member of the said group, to limit the number of persons so addressing the Council so as to avoid unnecessary repetitions before the Council. 9. Posting of Agenda. At least 72 hours before a regular meeting, the City Clerk shall post a certified copy of the agenda specifying the time and location of the regular meeting in a place accessible so as to be available for review by members of the public. 10. Content of Agenda. Under state law, the City Council is limited to consideration of items which are on a posted agenda. Items may be placed on an agenda only by city staff or upon the concurrence of two individual Council members. The City Manager shall be in charge of preparing the Council agenda and all items shall be coordinated with the City Manager. In addition, a Council Member wishing to place a matter on the agenda for discussion and action shall first request the City Clerk (in writing or by electronic mail) 258 of 488 to list the item under the category of "Future Agenda Items." Only after the item has received the assent of two Council members and has appeared at least once as a "Future Agenda Item" may it appear on the regular Council agenda for discussion and action. To the fullest extent practicable, any items placed on the agenda by City staff shall also be listed under "Future Agenda Items" to assure the best possible advance notice of the nature of items and discussion which are upcoming. 11. Closing Time of Council Meetings. No agenda item may be introduced after the hour of 10:00 p.m.; however, the meeting may be extended beyond 10:00 p.m. upon a majority vote of the Council members. 12. Processing of Motions. a. When a motion is made, it shall be stated clearly and concisely by its mover. After a motion is made and seconded, it shall be stated by the presiding officer before debate. A motion may be withdrawn by the mover without consent of the Council members. b. The presiding officer shall at any time by majority consent of the Council members, permit a Council member to propose the reordering of agenda items. c. If a question contains two or more divisible propositions, the presiding officer may, and upon request of a Council member shall, divide the same. 259 of 488 13. Precedence of Motions. a. When a motion is before the Council, no motion shall be entertained except (precedence in order indicated): (1) To adjourn (2) To fix hour of adjournment (3) To lay on the table (4) For the previous question (5) To postpone to a certain day (6) To refer (7) To amend (8) To postpone indefinitely b. A motion to adjourn shall be in order any time, except as follows: (1) When repeated without intervening business or discussion (2) When made as an interruption of a member while speaking (3) When the previous question has been ordered (4) While a vote is being taken c. A motion to adjourn "to another time" is debatable only as to the time to which the meeting is adjourned. d. A motion to table or lay on the table is not debatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be "taken from the table" only by adding it to the 260 of 488 agenda of the next regular meeting, to be discussed at the following regular meeting. e. A motion for previous question shall close debate on the main motion and shall be undebatable. The statement by a Councilperson of "question" does not accomplish the same purpose. If a motion fails, debate is reopened; if motion passes, then vote shall be taken on the main motion. f. A motion to amend shall be in order and is debatable only as to amendment. A motion to amend an amendment shall not be in order. An amendment modifying the intention of a motion shall be in order but an amendment relating to a different matter shall not be in order. A substitute motion on the same subject shall be acceptable and amendments are to be voted first, then the main motion is amended. g. A motion to postpone indefinitely shall be fully debatable and if the same is adopted, the principal motion shall be declared lost. A motion to postpone to a definite time shall be amendable and debatable as to propriety of postponement and time set. h. A motion to refer shall not be debatable except for the propriety of referring. 14. Administrative Mandamus. Persons who are dissatisfied with a decision of the City Council 261 of 488 may have the right to seek review of that decision by a court. In addition, the City has adopted Section 1094.6 of the Code of Civil Procedure which generally limits to ninety (90) days the time within which the decision of City boards and agencies may be judicially challenged. 15. Appeals; Continuances. Any person appealing an action of a City Commission or City Staff to the City Council has a right to two two -week postponements of the initial hearing scheduled on the appeal. After exhaustion of this right, the appeal shall be considered withdrawn. This procedure shall not limit the ability of the City Council to continue a hearing which has commenced to a subsequent meeting to receive additional public testimony or information from City Staff. 16. Reconsideration. Any member of the Council, voting in the majority on any action of the Council, may at the same meeting, or at a subsequent time, request the Council reconsider an action. A reconsideration request made by a member of the Council voting in the minority shall not be allowed, except when made more than one (1) year after the date of the original action. All requests for reconsideration of a Council action shall be provided to each Council member, and the City Manager in writing or via electronic mail, and the request shall be placed on the next available agenda. In the event an item to be reconsidered requires public notice, it 262 of 488 shall be calendared and noticed after Council determines when reconsideration shall occur. 17. Personal Privilege. The right of any Council member to address the Council on a question of personal privilege shall be limited to cases in which his/her integrity, character or motives are questioned. 18. Council Conduct. No member of the Council shall act in such a manner as to call into disrepute the public image of the Council or which is discourteous to or results in the constant interruption of other members of the Council or members of the public. 19. Parliamentarian. A majority vote of the Council shall generally control matters of procedure not addressed by this Resolution. The City Attorney shall decide all other questions of interpretations of these rules and any other questions of a parliamentary nature which may arise at a City Council meeting. 20. Voting and Non -Profit Entity Membership. It shall be the policy of this Council that a council member who serves on the governing board of a non-profit entity shall not participate in the discussion or voting process to determine whether or not that non- profit entity receives City funds. In the event the request of a non-profit entity with a council member on its governing board is part of a larger 263 of 488 request involving several items, or is part of the budget process, a separate vote shall be taken to allow the necessary abstention. 21. Selection of Chairperson. In the event that the Mayor and the Deputy Mayor are absent from a City Council meeting, the three remaining Council members present shall promptly determine which Council member will conduct and serve as the chairperson of the meeting. 22. Decorum and Security. a. While the City Council is in session, the Council members, staff, and members of the public are expected to act in a manner to preserve order and decorum for the meeting. No person shall engage in disorderly or disruptive behavior during the meeting. No person shall, either by conversation, applause, shouting, or any other conduct, interrupt or delay the proceedings. b. The City Manager, in coordination with the Mayor and/or Deputy Mayor, are authorized to and shall designate and post signs specifying those areas of the Chamber for the media or others wishing to record the meeting, areas for staff presentations, and areas which are restricted to City employees and elected officials. c. Signs, placards, posters, or similar objects which are larger than 8.5 by 11 inches shall not be permitted in the Council Chambers without the consent of the presiding officer 264 of 488 Section B: City Council Policies. 1. Correspondence with Members of the City Council. The purpose of this policy is to provide for a coordinated response to correspondence (i.e. letters, emails, and similar items) which is sent to the City generally, or in which the same correspondence is sent in identical fashion to all Council members. In such circumstances, the Council directs that the Mayor (or as appropriate the City Manager or City Attorney) shall answer such correspondence on behalf of the City, according to the procedure set forth below. In addition to individual e-mail addresses, the City Manager's Office shall also establish a shared email address by which citizens may direct emails to all Council members at the same time. The shared email address shall be featured on the City's website and in other publications in such a manner as to allow citizens to use the address and thereby communicate with all Council members at the same time. All Council members shall have access to review items in the mailbox at all times. All responses to such emails shall also be sent from the shared mailbox, such that all Council members may review such responses. With respect to other communications, such as those involving other governmental entities, organizations, and related entities where such communication occurs between the entities rather than specific individuals, the Mayor shall respond on behalf of the City, with copies to 265 of 488 all Council members. Matters involving routine city administrative issues shall generally be responded to by either the City Manager or City Attorney, as appropriate, on behalf of the City. With respect to correspondence that consists of invitations to events, the Mayor and Council shall coordinate such invitations with the City Manager's support staff. Because substantial portions of City Council communication, whether electronic or written, is subject to California's Public Records laws, all City Council communications shall be coordinated with the City Manager for the purpose of compliance with various laws governing public records. All Council members using city computers shall be subject to the City's Administrative Directives regarding computer use. 2. Press Releases. All press releases on behalf of the City shall be issued on City letterhead and only on behalf of the City generally or the entire City Council. Press releases shall be prepared and coordinated by the City Manager's Office. 3. Council Calendar. The responsibility for managing the calendars of the City Council and the City Council members shall be delegated to the City Manager's secretary. 4. Audits. Staff shall informally assist the City Council in a periodic accounting 266 of 488 of individual expenditures for travel, phone use, etc. 5. Credit Card Use. Credit cards are available for use by individual members of the City Council. Such credit cards shall be used only for official city business. Council members shall not use a City credit card, or be reimbursed for purchases of meals for others. 6. Council Travel Policy. Council members shall be bound by all City policies, as expressed in Administrative Directives or otherwise, regarding travel on City business. Elected officials shall provide brief reports on meetings attended at the City's expense at the next regular City Council meeting. If multiple elected officials attended, a joint report may be made. Reports may be provided in writing as part of the Agenda packet distribution. The City Council generally has a fixed amount in the City Council budget. It shall be the policy of the council to see that each Council member generally attempts to stay within approximately one -fifth of that entire budget. 7. Council Communication with Staff. The Council members shall request information or give direction only to the City Manager or City Attorney. Requests for information should be directed to the City Manager although incidental or minor requests (not involving analysis or significant time), may be requested 267 of 488 directly from department heads, with a copy to the City Manager. Requests which involve change of policy, expenditure of funds, or use of significant staff time shall be submitted to the full Council for approval. In the absence of the City Manager or the City Attorney, requests should be made to designated Assistants. 8. Review of Reimbursements. The Director of Finance or a designee shall review all City Council requests for reimbursement of expenses for consistency with City policy on such expenses. In all cases, Council members shall be bound by the same policies and procedures adopted and applicable for all City employees on a Citywide basis. To the extent such policies provide for per diem reimbursements, auto allowances, and related forms of reimbursement rather than receipt -specific reimbursement, it is hereby determined that such per diem or fixed amount reimbursements, so long as applicable to all city employees, are the best and most efficient method of reimbursing expenses on an actual and necessary basis. 9. Council Salary. To assure attention to the Council compensation allowable under state law, the City Council shall have an agenda item during a meeting in December of odd numbered years for the purpose of determining whether or not to take action regarding Council compensation. 268 of 488 Section C: 10. Campaign Activity Funding. The City Council shall not direct or authorize the expenditure of public funds to prepare or distribute a publication or communication when the style, tenor, and timing of the publication or communication demonstrates that it constitutes traditional campaign activity or that it supports or opposes the approval or rejection of a ballot measure. City Council Ethics Policy. 1. Declaration of Policy. The respected operation of democratic government emphasizes that elected officials be independent, impartial, and responsible to the people. It requires that they conduct themselves in a manner above reproach. This Ethics Policy provides the following general guidelines and specific prohibitions to which elected Escondido City Officials must conform in pursuit of their assigned duties and responsibilities. This policy is in addition to all applicable provisions of state law, including the Brown Act, the Political Reform Act and implementing regulations, and all other laws governing the conduct of elected officials. 2. Disclosure of Closed Session Matter. No member of the City Council shall disclose to any person, other than members of the Council, the City Attorney, the City Manager, or other City staff designated by the City Manager to handle such matters of confidential City business, the content or substance of any information 269 of 488 presented or discussed during a closed session meeting unless the City Council first authorizes such disclosure by the affirmative vote of three members. 3. Disclosure of Confidential Communications. Except when disclosure is mandated by state or federal law, no member of the City Council shall disclose to any person, other than members of the Council, the City Attorney, or the City Manager, or other City staff designated by the City Manager to handle such matters of confidential City business, the content or substance of any confidential or privileged communication relating to matters of City business, received under circumstances where the confidential or privileged nature of the communication is reasonably conveyed, unless the City Council first authorizes such disclosure by the affirmative vote of three members of the City Council. 4. Conduct During Negotiations/Litigation. The City Council is authorized to provide direction to specifically identified negotiators in a legally constituted closed session on matters involving pending litigation, real estate negotiations, and labor negotiations. If the City Council in closed session provides such direction to its negotiators, all contact with the negotiating party or the party's representative, shall be limited to, and made by, those individuals designated to handle the negotiations. 270 of 488 During a pending labor negotiation, no member of the City Council shall have any contact or discussion with the negotiating party or the party's representative regarding the subject matter of the pending negotiation. In addition, during pending litigation or real estate negotiations, no member of the City Council (unless they have been designated as a negotiator) shall have any contact or discussion with the litigating or negotiating party or the party's representative regarding the subject matter of the pending litigation or real estate negotiations. No member of the City Council shall communicate or disclose to any person, other than members of the Council, the City Attorney, the City Manager, or other City staff designated by the City Manager to handle such matters of confidential City business, any discussion or information received in closed session regarding the negotiation or litigation. Nothing in this section shall prohibit Council members from receiving written communications provided they are made available to all Council members, the City Manager, the City Attorney, and the City's designated negotiators on an equal basis. 5. Ex Parte Communications, The purpose of this provision is to guarantee that all interested parties to any matter before the City Council have equal opportunity to express and represent their interests. Ex parte communications are those communications members of the City Council have with representatives of only one side of a matter outside the presence of other interested parties. 271 of 488 A communication concerning only the status of a pending matter shall not be regarded as an ex parte communication. Any written or oral ex parte communication received by a member of the City Council in matters where all interested parties are entitled to an equal opportunity for a hearing shall be made a part of the record by the recipient. 6. Violations and Penalties. Any violation of this Ethics Policy by a member of the City Council shall constitute official misconduct if determined by an affirmative vote of three members of the City Council in an open and public meeting. In addition to any criminal or civil penalties provided for by federal, state or other local law, any violation of this Ethics Policy shall constitute a cause for censure by City Council adoption of a Resolution of Censure. 272 of 488 PASSED, ADOPTED AND APPROVED by the City Council of the City of Escondido at a regular meeting thereof this 12th day of February, 2014 by the following vote to wit: AYES : Councilmembers: GALLO, MASSON, MORASCO, ABED NOES : Councilmembers: DIAZ ABSENT : Councilmembers: NONE APPROVED: SAM ABED, Mayor of the City of Escondido, California ATTEST: DIANE HALVERSON, City Clerk of the City of Escondido, California RESOLUTION NO. 2014-21 273 of 488 CITY OF IMPERIAL BEACH COUNCIL POLICY SUBJECT: REQUEST BY MEMBER OF THE CITY COUNCIL TO PLACE AN ITEM ON A CITY COUNCIL AGENDA POLICY NUMBER: 116 PAGE 1 OF1 ADOPTED BY: Resolution No. 2012-7142 DATED: January 18, 2012 PURPOSE To provide guidelines on placing items on the City Council agenda by members of the City Council. POLICY 'r. Any member of the City Council may request that an item be placed on a future City Council agenda for discussion and possible action. 2. For any item to be placed on the agenda by any member of the City Council a. Submit a written request to the City Manager stating the matter to be discussed. b. City Manager places the item on the City Council agenda to see if a majority of the City Council wishes to discuss the matter at a future meeting. c. If a majority of the City Council wishes to discuss the matter at a future meeting, the City Manager will place it on a future agenda after staff work, if any, is completed. 274 of 488 POLICY NUMBER 100-02 ADOPTED 8-10-83 SUBJECT: REVISED 1-14-87 City Council/CDC/Harbor Board/OPFA REVISED 1-16-02 Agenda Items REVISED 3-1-06 REVISED 1-6-16 It is the policy of the City Council that items from Councilmembers may be placed on the Council meeting agenda under "Councilmember Items". Councilmembers may place an item on the agenda by notifying the City Manager's Office of the specific subject matter they wish to discuss, in writing, at least three weeks in advance of the Council meeting. Councilmember items are due to the City Manager's Office by 10 a.m. on the Wednesday three weeks prior to the City Council meeting for which the item is proposed. Pursuant to Council Policy 100-20, the City Manager will determine if the request will exceed the four-hour time limit. If the item is determined to not exceed the time limit, the item will be placed on the agenda. If the item is determined to exceed the time limit, the item will be placed on the agenda for the purpose of Council approval of staff resources. At no time shall a Councilmember item be construed as more than"information only"; any staff action, beyond preparing a presentation within the four-hour time limit, on any Councilmember item, must be approved by the full council. Councilmember requests for proclamations or resolutions to be placed on the agenda are excluded from the three week advance notice requirement. These items may be placed on the agenda one week prior as long as no significant staff time is required. The addition of Councilmember items requested after the 10:00 a.m. Wednesday deadline, above, is discouraged; however, late items can be accommodated under certain circumstances, only if the following "addendum" process is followed: • All conditions of the Brown Act must be met; all addendums require 72-hour advance public notice and posting. • Addendums for late Councilmember items must be submitted in writing, with a stated reason for the need for immediacy of the action. All such requests shall include the concurrence of one other Councilmember or the Mayor, and this concurrence should also be in writing. OCEANSIDE CITY COUNCIL POLICY 275 of 488 • All late requests for addendums to the agenda must be submitted to the City Manager by 3 p.m. of the Thursday prior to the meeting. Any request beyond this timeframe cannot be accommodated. Councilmembers are asked to minimize the use of the addendum process for late Councilmember items and are encouraged to simply place their requested items on the following regular Council agenda. OCEANSIDE CITY COUNCIL POLICY 276 of 488 (714) 562-6153 CITY OF SANTEE 10765 WOODSIDE AVE • SUITE R P 0 80X 40 SANTEE, CALIFORNIA 92071 LEGISLATIVE POLICY MEMORANDUM NUMBER: LPM 81-1 DATE: September 24, 1981 INITIATED BY: Gene R. Ainsworth, Mayor REVIEWED BY COUNCIL (Date) : SEP 2 81981 APPROVED BY COUNCIL (Date) 'SEP 2 8 1981 INCLUDED IN LPM (Date): SUBJECT: Submittal of items for the agenda by members of the City Council POLICY DISCUSSION: From time to time, individual members of the City Council have occasion to submit items for inclusion on the formal Council agenda. These items will be placed under the CITY COUNCIL portion of the agenda. Council members wishing to have an item(s) considered as part of the formal Council agenda/regular meeting process by the full Council will submit the item(s) in writing to the City Manager for in- clusion on the agenda and all items so submitted must be available for duplication no later than the Monday proceed- ing the Wednesday on which staff assembles agenda packets for the subsequent Monday City Council meeting. Items to be considered at adjourned regular, special, and workshop meetings must be submitted to the City Manager's office by either the Monday before the meeting or 72 hours prior to the meeting. 277 of 488 RESOLUTION NO. 3262-16 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WINDSOR RESCINDING RESOLUTION NO. 3246-15 AND AMENDING RULES FOR THE CONDUCT OF MEETINGS OF THE TOWN COUNCIL OF THE TOWN OF WINDSOR WHEREAS, Section 36813 of the Government Code, State of California, authorizes a Town Council to establish rules for the conduct of its meetings; WHEREAS, on December 17, 2008, pursuant to Resolution No. 2407-08, the Town Council adopted rules for the conduct of its meetings, and adopted revisions to said rules on September 18, 2013 pursuant to Resolution No. 3033-13; and on January 21, 2015 pursuant to Resolution No. 3165-15; and on July 15, 2015 pursuant to Resolution No. 3218-15; and on November 18, 2015 pursuant to Resolution No. 3246-15; and WHEREAS, at the Town Council Team Building meeting held on January 6, 2016, the Town Council directed staff to bring back to Council a resolution further amending said rules, specifically to amend Sections V.B. (Council Values and Interaction) and V.K. (Public Comment), and to make changes in accordance with the guidance provided by Council. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Windsor resolves as follows: Section I - This Resolution supersedes Resolution No. 3246-15, which is hereby rescinded. Section II - The following rules of conduct are adopted: I. MEETINGS I.A. REGULAR MEETINGS I.A.1 Time. Regular meetings of the Town Council shall be held on the first and third Wednesday of each month at the hour of 6:00 p.m. (unless there is a need for a closed session, workshops or study sessions which in such case may commence prior to 6:00 p.m. as a special meeting). Whenever the day fixed for any regular meeting of the Council falls upon a day designated as a holiday, the Council shall cancel or reschedule the meeting. I.A.2 Public Hearings. Scheduled public hearings shall be commenced at 6:00 p.m. or as soon thereafter as possible. I.A.3 Place. All regular meetings of the Council shall be held in the place designated by Ordinance No. 02-92. I.A.4 Public. All meetings of the Council shall be open to the public; however, the Town Council may hold Closed Sessions as provided by the laws of the State of California. 1 of 19 278 of 488 IA.5 Special Needs. Reasonable accommodations will be made for persons having special needs due to disabilities by contacting the Town Clerk prior to the meeting. I.B. SPECIAL MEETINGS. A special meeting may be ordered at any time by the Mayor whenever, in the opinion of the Mayor, the public business may require it or upon the written request of any three members of the Council. Whenever a special meeting shall be called, written notice of such meeting shall be delivered personally, or by any other means, by the Town Clerk to each member of the Council and to each local newspaper of general circulation and radio station requesting notice in writing. Such notice must be delivered at least twenty-four hours before the time of such meeting as specified in the notice. The order shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meetings by the Council. The written notice may be dispensed with as to any member of the Council who, at or prior to the time the meeting convenes, files with the Town Clerk a written waiver of notice. This written notice may also be dispensed with as to any member who is actually present at the time it convenes. The call and notice shall be posted at least twenty-four (24) hours prior to the special meeting in a location that is accessible to members of the public. I.C. ADJOURNMENT: ADJOURNED MEETINGS. The Council may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment. If a quorum is not present, less than a quorum may so adjourn. If all members are absent from any regular or adjourned regular meeting, the Clerk may declare the meeting adjourned to a stated time and place and shall cause a written notice of the adjournment to be delivered personally, or by any other means, to each Councilmember at least three (3) hours before the adjourned meeting. Copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the regular, adjourned regular, special or adjourned special meeting was held, within 24 hours after the time of adjournment. When a regular or adjourned regular meeting is adjourned as provided in this rule, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting is to be held, it shall be held at the hour specified for regular meetings. I.D. EMERGENCY MEETINGS. The twenty-four hour notice and posting requirements for a special meeting may be dispensed with under the following emergency conditions: I.D.1 Work stoppage, crippling disaster, or other activity which severely impairs public health, safety, or both, as determined by a majority of the members of the Council. The one - hour notice requirements in the Brown Act, otherwise known as the Open Meeting Law, shall be followed. I.D.2 A crippling disaster, mass destruction, terrorist attack, or threatened terrorist activity that poses peril so immediate and significant that requiring the Council to provide one -hour notice may endanger the public health, safety or both, as determined by a majority of the members of the Council. 2 of 19 279 of 488 I.E. CLOSED SESSIONS. The Council may hold closed sessions during a regular or special meeting, or at any time otherwise authorized by law, to consider or hear any matter which it is authorized by state law to hear or consider in closed session, and may exclude from any such closed session any person or persons which it is authorized by state law to exclude from such closed sessions. Council will communicate, consistent with the Brown Act, on actions in closed sessions prior to taking action in open session. To the maximum extent possible, the Council agenda shall identify the subject matter and/or parties to existing or anticipated litigation to be discussed in closed session. In the event that the Town Attorney determines that a description beyond the "Safe Harbor" or recommended language of the Brown Act would be prejudicial to the Town's interests, the Town Attorney, in advance of the closed session, shall provide the Council with a confidential memo detailing the concerns that mitigate against a more specific agenda description. By way of example and not of limitation, such concerns might be that a more specific description could jeopardize the Town's ability to effectuate service on an unserved party or conclude settlement negotiations, or could disclose the identity of someone whose identity is subject to nondisclosure protection pursuant to applicable law. In addition to making required reports out at the conclusion of a closed session, for matters of Town -wide interest the Mayor shall make an additional report out at the outset of the next regular Council meeting, under Announcements. I.F. CANCELLATION. Any meeting of the Council may be canceled in advance by a majority vote of the Council. In the event that the Mayor and/or Vice Mayor are unable to cancel a meeting in the case of an emergency, the Town Manager is authorized to cancel such meeting. I.G. TELEPHONIC ATTENDANCE OF COUNCILMEMBERS AT COUNCIL MEETINGS. These Town Council provisions concerning Telephone Attendance shall apply to all Town Commissions and Committees as well as to the Town Council. It is recognized that telephonic attendance at meetings is less satisfactory than in -person attendance. Teleconferencing is an option to be used in very occasional circumstances, and not as a regular or frequent substitution for in -person attendance. In addition, at least a quorum of the Council must participate from a location within the Town. If these two threshold requirements are met, the Councilmember who will be appearing telephonically must ensure that: • The meeting agenda identifies the teleconference location and is posted at that location in an area that is accessible and visible 24 hours a day for at least 72 hours prior to the meeting (unless the meeting is a special meeting, in which case the posting referred to must occur for at least 24 hours prior to the special meeting). 3 of 19 280 of 488 • The teleconference location is open and fully accessible to the public, and fully accessible under the Americans with Disabilities Act, throughout the entire meeting. These requirements apply to private residences, hotel rooms, and similar facilities, all of which must remain fully open and accessible throughout the meeting, without requiring identification or registration. • The teleconference technology used is open and fully accessible to all members of the public, including those with disabilities. • The quality of the telephonic connection is such that Councilmember and members of the public can hear and be heard. Councilmember is responsible for verifying that the quality of the telephone connection will meet these criteria. • Members of the public who attend the meeting at the teleconference location have the same opportunity to address the Council from the remote location that they would if they were present in Council Chambers. • The teleconference location must not require an admission fee or any payment for attendance. Guidelines for Councilmembers: • A teleconferenced meeting shall comply in all respects with the Brown Act, including the requirement that all votes taken be by roll call. • One week advance written notice must be given by the Councilmember to the Town Clerk's office; the notice must include the address at which the teleconferenced meeting will occur, who is to initiate the phone call to establish the teleconference connection, and the phone number of the teleconference location. Cellular telephones are not recommended to be used to participate in teleconferenced meetings. • The Councilmember is responsible for posting the Council agenda in the remote location. The Town Clerk will assist, if necessary, by faxing or emailing the agenda to the address or fax number the Councilmember requests; however, it is the Councilmember's responsibility to ensure the agenda arrives and is posted. I.H. SELECTION OF MAYOR AND VICE MAYOR. The Council shall select one of its members as Mayor and one of its members as Vice Mayor in accordance with Government Code section 36801. I.I. CHAIR. The Mayor shall chair and preside over all Council meetings. In the Mayor's absence, the Vice Mayor shall serve as Mayor. In the event that the Mayor and Vice Mayor are both absent, refer to Section I.M. 4 of 19 281 of 488 The Mayor shall state every question coming before the Council, call for the vote, announce the decision of the Council on all subjects and decide all questions of order, subject, however, to an appeal to the Council, in which event a majority vote of the Council shall govern and conclusively determine such question of order. The Mayor shall sign all ordinances and other official actions adopted by the Council during the Mayor's presence. In the event of the absence of the Mayor, the Vice Mayor shall sign ordinances as then adopted. I.J. ATTENDANCE BY THE PUBLIC. Except as specifically provided by law for Closed Sessions, all meetings of the Council shall be open and public. All persons desiring to attend shall be permitted to attend any meeting. Comments from the public shall be restricted to three minutes in length unless additional time is specifically authorized by the Mayor. In the event any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of the meeting unfeasible and order cannot be restored by removal of the offending individual or individuals, the Council may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered during such session. Representatives of the press, unless participants in the disturbance, shall be allowed to attend such session, and nothing shall prohibit the Council from readmitting persons not responsible for the disturbance. I.K. AGENDA. In order to facilitate the orderly conduct of the business of the Council, the Town Clerk shall be notified no later than 11:00 a.m. on the Wednesday immediately preceding a regular Council meeting of all reports, communications, ordinances, resolutions, contract documents or other matters to be submitted to the Council at such meeting. Immediately thereafter, the Town Clerk shall arrange an agenda of such matters according to the order of business and furnish each member of the Council, the Town Manager, and the Town Attorney with a copy of the agenda prior to the Council meeting and as far in advance of the meeting as time for preparation will permit. The Town Clerk shall mark with the word "Consent" or identify with an asterisk those items on the agenda regarding which it can reasonably be expected that there will be no discussion by members of the Town Council, the Town staff or interested persons in the audience. The Council shall consider all of the items on the agenda marked "consent" at one time by vote after a motion has been duly made and seconded. If any member of the Town Council or Town staff requests that a consent item be removed from the list of consent items, such item shall be taken up for consideration and disposition in the order in which it is listed on the agenda. I.L. POSTING -- AGENDA. The agenda shall be posted at least 72 hours before all regular Council meetings. The agenda shall be posted on the designated Town Hall bulletin boards. 5 of 19 282 of 488 I.M. CALL TO ORDER. The Mayor, or in his/her absence, the Vice Mayor, shall take the chair at the hour appointed for the meeting, and shall immediately call the Council to order. In the absence of the Mayor or Vice Mayor, the Town Clerk shall call the Council to order whereupon a temporary chairperson shall be elected by the members of the Council present. Upon the arrival of the Mayor or Vice Mayor, the temporary chairperson shall immediately relinquish the chair upon the conclusion of the business immediately before the Council. II. ORDER OF BUSINESS II.A. The business of the Council at its meetings may be conducted in accordance with the following suggested order of business. Matters may be taken out of order with the unanimous consent of the Council: 1. CALL TO ORDER 2. TOWN COUNCIL ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. CHANGES TO THE AGENDA 5. REPORT OUT FROM CLOSED SESSION* 6. PRESENTATION(S)/PROCLAMATION(S) 7. ANNOUNCEMENTS 8. CONFLICT OF INTEREST DECLARATION 9. PUBLIC COMMENT 10. CONSENT CALENDAR (including approval of minutes) 11. PUBLIC HEARINGS (SET TIME CERTAIN) 12. REGULAR CALENDAR 13. MAYOR'S & COUNCILMEMBERS' REPORTS 14. TOWN MANAGER'S REPORT 15. ANNOUNCEMENT OF CLOSED SESSION TOPIC 16. REPORT OUT OF CLOSED SESSION 17. ADJOURNMENT 6 of 19 283 of 488 *This item will only appear when there was a closed session at the prior Council meeting. II.B. MATTERS NOT ON THE AGENDA. Members of the Town Council may take action on items of business not appearing on the posted agenda under any of the conditions stated below. II.B.1 Upon a determination by a majority vote of the Council that an emergency situation exists, as defined in Section 54965.5 of the Government Code; I1.8.2 Upon a determination by a two-thirds vote of the members of the Council present at a meeting, or, if less than two-thirds of the Councilmembers are present, a unanimous vote of those members present, that there is a need to take immediate action that the need for action came to the attention of the local agency subsequent to the agenda being posted; or II.B.3 The item was posted on an agenda for a prior Council meeting occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken. H.C. READING OF MINUTES. Unless the reading of the minutes of a Council meeting is requested by a member of the Council, such minutes may be approved without reading if the Clerk has previously furnished each member with a copy thereof. III. RULES OF CONDUCT Business shall be brought before the Council by motion in accordance with the following standards of conduct. III.A. OBTAINING THE FLOOR. Any Councilmember wishing to speak must first obtain the floor by being recognized by the Mayor. The Mayor must recognize any Councilmember who seeks the floor when appropriately entitled to do so. III.B. MOTIONS. At the Mayor's discretion, items on the agenda may be discussed before asking for a motion and second. The Mayor or any member of the Council may bring a matter of business before the Council by making a motion. Before the matter can be considered or debated, it must be seconded. Once the motion has been properly made and seconded, the Mayor shall open the matter for debate offering the first opportunity to debate to the moving party and, thereafter, to any Councilmember properly recognized by the Mayor. Once the matter has been fully debated and the Mayor calls for a vote, no further debate will be allowed, provided however, any Councilmember may be allowed to explain his or her vote prior to the vote being cast. III.C. VOTING. All Councilmembers present at a meeting when a question comes up for a vote, shall vote for or against the measure unless he/she is disqualified from voting and abstains because of such disqualification. If the vote is a voice vote, the Mayor shall declare the result and note for the record all "aye" votes and all "no" votes. The Council may also vote by roll call vote, ballot or voting machine. Regardless of the manner of voting, the results reflecting all "ayes" and "noes" must be clearly set forth for the record. 7 of 19 284 of 488 In the case of a tie in votes on any proposal, the proposal is considered lost. In such an instance, any member of the Council may offer a motion for further action. If there is no action by an affirmative vote, the result is no action. If the matter involves an appeal, and an affirmative vote does not occur, the result is that the decision appealed stands as decided by the decision -making person or body from which the appeal was taken. M.D. CONFLICTS. A member of the Council who has a conflict of interest regarding any matter being considered by the Council shall declare the conflict, state the reason for the conflict, and leave the room during the discussion of that particular agenda item, unless it is a Consent Calendar item. III.E. PROCEDURAL RULES OF ORDER. Once the main motion is properly placed on the floor, several related motions may be employed in addressing the main motion. These motions take precedence over the main motion, and if properly made and seconded, must be disposed of before the main motion can be acted upon. The following motions are appropriate and may be made by the Mayor or any Councilmember at any appropriate time during the discussion of the main motion. They are listed in order of precedence. The first three subsidiary motions are non -debatable; the last four are debatable. III.E.1. Subsidiary Motions III.E.1.1 Lay On The Table. Any Councilmember may move to lay the matter under discussion on the table. This motion temporarily suspends any further discussion of the pending motion without setting a time certain to resume debate. It must be moved and seconded and passed by a majority vote. In order to bring the matter back before the Council, a member must move that the matter be taken from the table, seconded and passed by a majority. A motion to take from the table must be made at the same meeting at which it was placed on the table or at the next regular meeting of the Council. Otherwise, the motion that was tabled dies, although it can be raised later as a new motion. III.E.1.2 Move Previous Question. Any Councilmember may move to immediately bring the question being debated by the Council to a vote, suspending any further debate. The motion must be made and seconded without interrupting the one who already has the floor. A two-thirds vote is required for passage. III.E.1.3 Limit or Extend Limits of Debate. Any Councilmember may move to put limits on the length of debate. The motion must be made and seconded and requires a two-thirds vote of the Council to pass. III.E.1.4 Postpone to a Time Certain. Any Councilmember may move to postpone the pending question to a time certain. This motion continues the pending main motion to a future date as determined by the Council at the time the motion is passed. The motion must be seconded and requires a majority vote for passage. III.E.1.5 Commit or Refer. Any Councilmember may move that the matter being discussed should be referred to a committee or commission for further study. The motion must be seconded and requires a majority vote for passage. The motion may contain directions for the committee or 8 of 19 285 of 488 commission, as well as a date upon which the matter will be returned to the Council's agenda. If no date is set for returning the item to the Council agenda, any Councilmember may move, at any time, to require the item be returned to the agenda. The motion must be seconded and a majority vote is required for passage if the item is to come back at a future date certain or a two- thirds vote if the item is to be immediately discussed by the Council at the time the motion to return is made. III.E.1.6 Amend. Any Councilmember may amend the main motion or any amendment made to the main motion. Before the main motion may be acted upon, all amendments and amendments to amendments must first be acted upon. A motion to amend must be seconded, and requires a majority vote for passage. An amendment must be related to the main motion or amendment to which it is directed. Any amendment which substitutes a new motion rather than amending the existing motion is out of order and may be so declared by the Mayor. III.E.1.7 Postpone Indefinitely. Any Councilmember may move to postpone indefinitely the motion on the floor, thus avoiding a direct vote on the pending motion and suspending any further action on the matter. The motion must be seconded and requires a majority vote for passage. III.E.2. Motions of Privilege, Order and Convenience. The following actions by the Council are to ensure orderly conduct of meetings and are for the convenience of the Mayor and Council. These motions take precedence over any pending main or subsidiary motion and may or may not be debated as noted. III.E.2.1 Call for Orders of the Day. Any Councilmember may demand that the agenda be followed in the order stated therein. No second is required and the Mayor must comply unless the Council, by a two-thirds vote, sets aside the orders of the day. III.E.2.2 Question of Privilege. Any Councilmember, at any time during the meeting, may make a request of the Mayor to accommodate the needs of the Council or the Mayor. Admissibility of question is ruled on by the Mayor. III.E.2.3 Recess. Any Councilmember may move for a recess. The motion must be seconded and a majority vote is required for passage. The motion is debatable. III.E.2.4 Adjourn. Any Councilmember may move to adjourn at any time, even if there is business pending. The motion must be seconded and a majority vote is required for passage. The motion is not debatable. III.E.2.5 Point of Order. Any Councilmember may require the Mayor to enforce the rules of the Council by raising a point of order. The point of order shall be ruled upon by the Mayor. IILE.2.6 Appeal. Should any Councilmember be dissatisfied with a ruling from the Mayor, he/she may move to appeal the ruling to the full Council. The motion must be seconded to put it before the Council. A majority vote in the negative or a tie vote sustains the ruling of the 9 of 19 286 of 488 Mayor. The motion is debatable and the Mayor may participate in the debate. III.E.2.7 Suspend the Rules. Any Councilmember may move to suspend the rules if necessary to accomplish a matter that would otherwise violate the rules. The motion requires a second, and a two-thirds vote is required for passage. III.E.2.8 Division of Question. Any Councilmember may move to divide the subject matter of a motion which is made up of several parts in order to vote separately on each part. The motion requires a second and a majority vote for passage. This motion may also be applied to complex ordinances or resolutions. III.E.2.9 Reconsider. Except for votes regarding matters which are quasi-judicial in nature or matters which require a noticed public hearing, any member of the Council with the prevailing may move for a reconsideration of that action at the same or next succeeding meeting to correct inadvertent errors or to consider new information not available at the time of the vote. The motion must be seconded and requires a majority vote for passage, regardless of the vote required to adopt the motion being reconsidered. If the motion to reconsider is successful, the matter to be reconsidered takes no special precedence over other pending matters, any special voting requirements related thereto still apply, and the actual reconsideration of the question shall be heard at the next regularly scheduled meeting. After the actual reconsideration of the question has been acted upon, no other motion for reconsideration thereof will be made without unanimous consent of the members present. In the case of a tie vote, the prevailing side of the Council will be deemed to be those Councilmembers who voted in the negative. III.E.2.10 Rescind, Repeal or Annul. The Council may rescind, repeal or annul any prior action taken with reference to any legislative matter so long as the action to rescind, repeal or annul complies with all the rules applicable to the initial adoption, including any special voting or notice requirements or unless otherwise specified by law. III.F. AUTHORITY OF THE MAYOR. Subject to appeal, the Mayor shall have the authority to prevent the misuse of the legitimate form of motions, or the abuse of privilege of renewing certain motions, to obstruct the business of the Council by ruling such motions out of order. In so ruling, the Mayor shall be courteous and fair and should presume that the moving party is making the motion in good faith. IV. ADDRESSING THE COUNCIL IV.A. ADDRESSING THE COUNCIL. Any person desiring to address the Council at a meeting shall first secure the permission of the Mayor to do so; provided, however, that under the following headings of business, any interested person shall have the right to address the Council upon obtaining recognition by the Mayor. Those wishing to address the Council shall limit their comments to three minutes. IV.A.1 Written Communications. Interested persons or their authorized representative may address the Council by written communication on any matters concerning the Town's business, or any matters over which the Council has control. To be considered for inclusion 10 of 19 287 of 488 on the agenda, such written communication shall be delivered to the Town Clerk no later than 11:00 a.m. of the Wednesday the week preceding the regular Council meeting for which such written communication is intended. Persons unable to stay or unable to attend the meeting can present written comments prior to or at the meeting to be entered into the record. IV.A.2 Town Councilmembers' Comments. Councilmembers who are not able to attend a particular Town Council meeting may submit written comments on the agenda items. The comments will be distributed on the dais to all Councilmembers and will not be read into the record. The Councilmembers' comments shall be submitted to the Town Manager and/or Town Clerk and distributed as soon as possible to the other Councilmembers. IV.A.3 Public Comments/Citizen Public Appearances. Interested persons in the audience or their authorized representatives may address the Council by oral communications on any items of interest to the public that are within the subject matter jurisdiction of the Council, provided the Council cannot take action on any item not appearing on the agenda unless action is authorized as described in Section 11.B. Such presentations shall normally be restricted to three minutes. The agenda shall inform the public that those wishing to speak on items on the consent calendar should advise the Council during public comment. The Mayor shall request, but under the Brown Act may not require, that the speaker provide his/her name and address for the record. IV.B. ADDRESSING THE COUNCIL AFTER MOTION MADE. After a motion is made by the Council, no person shall address the Council without first securing the permission of the Mayor to do so. IV.C. MANNER OF ADDRESSING COUNCIL. Each person addressing the Council shall come to the podium, if one is available, and will be asked to give his/her name and address in an audible tone of voice for the record. Per the Brown Act, the providing of his/her name and address shall not be a prerequisite for public comment by the speaker. All remarks shall be addressed to the Council as a body and not to any member thereof or to the audience. No person, other than the Council and person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the Mayor. No question shall be asked a Councilmember except through the Mayor. V. COUNCIL NORMS V.A. GENERAL To take courageous action when necessary to keep Windsor on the growing edge of well run, well managed innovative cities. Council provides leadership and participates in regional, state and national programs and meetings. 11 of 19 288 of 488 Council looks to commissions and committees for independent advice and some legislative actions. Other community leaders are included in the Town government system. There is extensive community participation and work on Town programs and documents. There are numerous meetings, other than regular Council meetings. Council stresses training for staff, Council, and Commission members. Councilmembers will inform the Town Clerk when they will be out of Town as early as possible and it will be put on the Council Calendar. Councilmembers get the same information as much as possible: citizen complaints, letters, background, etc. (everyone gets a copy of everything). Councilmembers will use technology to reduce amount of paper. They will return unwanted reports and documents to staff for distributing to the public or for recycling. As a Council, we conduct business in public as much as possible. V.B. COUNCIL VALUES, INTERACTION, AND MISSION STATEMENT The Council and Town Manager shall strive to be a participatory team. There is no expectation that they agree on issues, but all should strive to put the good of the community ahead of their personal interests and frustrations. Council envisions the future and makes progress on long-term goals. Councilmembers work together, not just in achieving goals, but in being mindful that the process in which Council works matters as well. Council should operate from the belief that each Councilmember's opinion is what that person believes is best for Windsor. All Councilmembers should keep an open mind. Councilmembers should commit to respectful disagreement and maintain decorum at the dais. Council's Mission Statement is to be responsible and thoughtful community leaders known for teamwork, vision and creativity. Councilmembers are expected to act with respect for one another as a person. Body language at the dais should reflect that respect as well as words and tone. They should listen to each other, to staff, and to members of the public, striving for those individuals to feel listened to. 12 of 19 289 of 488 If a significant disagreement between or among Councilmembers occurs, it is each individual's responsibility to initiate prompt resolution of problems and move on. Councilmembers may explain their vote prior to voting, but will refrain from explaining their vote after voting has taken place. Councilmembers will avoid airing cheap shots or negativity in newspapers, in public, or any time. They will avoid using their position on the dais to deliberately mislead the public about another Councilmember. Community traditions are respected, but not binding. Humor is valued as a sign of healthy group dynamics. V.C. COUNCIL PARTICIPATION ON SUBCOMMITTEES, BOARDS, COMMISSIONS AND JPAS Subcommittee areas, Boards, Commissions and Joint Powers Authorities (JPAs) belong to the whole Council; they are not seen as territorial. Subcommittees are responsible to keep the rest of the Council informed, and other members are responsible for letting subcommittee know if they want more information or to give input. Before subcommittees start moving in new direction, they will get direction from the rest of Council. Councilmembers will take seriously the responsibility of reporting to Council on subcommittees and other regional, state, and national board/agency/group activities they are involved in. Reports will be made in a noticed meeting under Council Reports when appropriate. Subcommittee memos will be sent on an interim basis to update other Councilmembers on: Issues being discussed Options being considered Progress Relationships are informal, but not casual in public --be aware of the impact on and perception of public. Councilmembers will be flexible in covering for each other in attending Board, Commission and JPA meetings. 13 of 19 290 of 488 V.D. COUNCIL INTERACTION AND COMMUNICATION WITH STAFF V.D.1 Town Manager Councilmembers should always feel free to go to the Town Manager. When a Councilmember is unhappy about a department, he/she should always talk it over with the Town Manager and/or the Acting Town Manager or Town Manager's designee, not the department head (Town Manager surfaces to Council any serious violations of this norm). Council sets policy, staff implements policy. There shall be no micro -managing the Town Manager. Council will also refrain from directing Town staff, except when giving direction to the Town Manager in their majority policy or evaluation roles. Concerns about staff must be taken to the Town Manager only. In passing along critical information, the Town Manager will call the Mayor and they will decide who should call the rest of the Council; in some cases, department heads will call Mayor directly. The Council will provide ongoing feedback, information, and perceptions to the Town Manager. Councilmembers should contact the Town Manager or his/her designee when a Councilmember is uncertain as to whom to call or where to go if an issue crosses department boundaries. V.D.2 Staff In General Per Municipal Code Section 1-4-195.a., the Town Council and its Members shall deal with the administrative services of the Town through the Town Manager, except for the purpose of inquiry, and neither the Town Council nor any Member thereof shall give orders or instructions to any subordinate of the Town Manager. Therefore, Council should deal with requests primarily through the Town Manager. However, informational requests by Councilmembers may be directed to Department Heads, copying the Town Manager. For extensive inquiries, Council will confer directly with the Town Manager. All information requested by Councilmembers which is not otherwise already easily available to the public shall be copied and distributed to all other Councilmembers. Council will always be informed by staff when an unusual event occurs that the public would be concerned about, i.e., anyone wounded by gunfire, are cordoned off by police or fire, etc. 14of19 291 of 488 The Council and staff will not blindside each other in public. If there is an issue or question a Councilmember has on an agenda item, that member will contact staff prior to the meeting. Staff will be treated with courtesy, including in open session. Inappropriate behavior includes derogatory comments to staff in private or public or communicating a derogatory response through body language. Council may express concerns about staff results to the Town Manager, but may not direct the Town Manager to hire, fire, or discipline employees. V.E. COUNCIL OPTIONS FOR KEEPING INFORMED Read Commission minutes in order to find out what is being worked on. Read documents on planning items. Town Manager will regularly publish status reports on Town's annual work program and the Town's financial condition. Councilmembers do their homework. V.F. MAYOR SELECTION Whoever wants a role, or does not want a role, has the responsibility to tell all other members in open session. So far, as possible, and until decided otherwise, Councilmembers will take turns as Mayor. The term shall be one year. Roles will be decided at the end of the year. This Council will not have a lock -step rotation system for selecting Mayor. Vice Mayor is not a natural ascendancy to Mayor. The Mayor and Vice Mayor are peers of, and serve at the pleasure of, the other Councilmembers. V.G. MAYOR'S ROLE The primary role of the Mayor is to run Council meetings, to preside and speak for the Town and Council at ceremonial events, and to sign documents on behalf of the Council. Each Mayor operates somewhat uniquely from past Mayors; the style in which he/she fulfills the role is defined by the person based on that person's unique style. 15 of 19 292 of 488 The Mayor will inform the Council of any official correspondence sent out to anyone in relation to Town business (this will be done within reason to balance paper -trail -overload, with keeping other Councilmembers informed of actions taken that are related to issues they are involved or concerned about). V.H. CITIZEN COMPLAINTS If Council was copied on a citizen complaint to staff, staff will attach its response to the copy of the letter received when sending to Council. If a Councilmember receives a complaint addressed directly to him/her, staff will, upon request, draft a response for the Councilmember's use. Council will be informed of telephone complaints directed to Council as well as those in writing. Council should not go on a hands -on -mode when something happens; it will be referred to staff (give staff time to respond). Responses to citizens are customized. If a Councilmember wants action based on a citizen complaint, he/she should go through the Town Manager's office to ensure it gets into the tracking system. V.I. PUBLIC MEETINGS Agendas • Mayor and Town Manager set the agenda. • Public hearings are held as required. • The Mayor will meet with the Town Manager to finalize the agenda and help decide what should go on the consent calendar. • Councilmembers may request items to be placed on a Council agenda by contacting the Mayor or Town Manager not later than 11:00 a.m. the Tuesday one week prior to the meeting. If two or more Councilmembers request an item to be placed on an agenda within the requisite time frame, the request will be granted. If only one Councilmember requests an item to be placed on an agenda, and the Mayor and/or Town Manager are of the opinion that the requested item is one that the full Council should consider r placing on the Council agenda, the request shall be made under the Future Agenda Items portion of the next Council meeting. • Councilmembers shall strive, when possible, to make their agenda item requests at a Council meeting under the Future Agenda Items portion of the Council agenda. 16 of 19 293 of 488 • Any Councilmember may request an agenda item under the Future Agenda Items portion of the Council agenda. If there is no objection, the request will be deemed submitted to the Town Manager for scheduling on a future agenda. If there is an objection to a request, the Councilmember shall make a motion to agendize the requested item for a future meeting. If the motion receives a second, the request will be deemed submitted to the Town Manager for scheduling on a future agenda. If the Councilmember believes that the requested item should be scheduled for a specific date, that should be stated as part of the request. • In requesting a future agenda item, Councilmembers shall consider the amount of staff time that may be necessary to present the item. Agenda items will pertain to appropriate Town business. Uncertain issues will be referred to the Town Attorney by the Mayor and Town Manager. Councilmembers will feel free to ask for continuance if enough time has not been available for that Councilmember to prepare; for example, if an agenda packet was not available 72 hours prior to the meeting. If a member is ill or away for any big or "personal" agenda item, the item can be tabled at the member's request unless it is a time sensitive, critical, controversial item. V.J. CONSENT CALENDAR There is a judicious use of the Consent Calendar, such as minutes, routine business, matters already approved in the budget, and items previously discussed by Council. If a Councilmember has a question on a Consent Calendar item for his/her information only, he/she is to ask staff ahead of time, rather than having it pulled off for discussion during the meeting. Councilmembers will inform the Mayor or Town Manager of items they wish to pull from the Consent Calendar to provide staff time for additional back up material to be available, as needed. If something is to be pulled, back up material will be made available. Staff is prepared to report on every staff report item. The Mayor works with the Town Manager to decide how much information needs to be disseminated at the meeting, based on Council, audience and specific item. There shall be no packing of the audience by individual Councilmembers for specific agenda items. Corrections to minutes are passed to the Town Clerk one day before the meeting. 17 of 19 294 of 488 V.K. PUBLIC COMMENT Required by law. Three -minute limit; enforced at Mayor's discretion. All done early in meeting. Councilmembers may ask staff to respond when appropriate. Options to be considered by the Mayor during times of high controversy. Speakers need not be repetitive. If they concur or disagree with what has already been said, they may give their name and address and add a short statement that they agree or disagree for public record. Alternatively, the Mayor will ask members in the room to raise their hand and signal agreement or disagreement. When public comment is made about items not agendized for the current meeting, Mayor should make it clear to the audience that Councilmembers are prohibited to respond to non- agendized items. Accordingly, Councilmembers should be mindful to not respond. The Mayor can survey the audience at any time, to then move agenda items up or back, to meet the audience concerns. Everyone is treated with courtesy, including in their use of body language. The public is treated equally; refer to citizens by surnames, etc.; there is familiarity with citizens (small town) which may interfere with process. V.L. MAYOR'S AND COUNCILMEMBERS' REPORTS AND TOWN MANAGER'S REPORTS The purpose of these items is to include reports requested and/or made by the Town Council and Town Manager. The Mayor allows other members to speak first and then gives his/her views and summarizes. Voting Attempts are always made to get consensus on each large issue. On split votes, after all the votes have been cast, the Mayor may afford each Councilmember the opportunity to briefly explain his/her vote. Once a vote is taken, Councilmembers will support the action taken; if a Councilmember wants it to be reconsidered, he/she will inform the Council. 18 of 19 295 of 488 There will be roll call votes on large, monetary issues, and when a divided Council is obvious. When any Councilmember believes something would be helpful during a meeting, he/she is free to suggest change in the procedure. The Council will rely on the Town Manager to direct appropriate staff people to attend Council meetings so that Council questions on agenda items can be addressed. Councilmembers will not be redundant if they concur with what has already been said. V.M. CLOSED SESSIONS IN GENERAL Council will receive written reports for Closed Session items as much as possible. These reports are to be turned in at the end of the closed session meeting. There will be no violation of Closed Session confidentiality. Councilmembers will not talk to affected/opposing parties or anyone else (press, etc.) regarding Closed Session items until a report on Closed Session is made. Confidentiality relates to any non-public discussion item. PASSED, APPROVED AND ADOPTED this 2nd day of March 2016, by the following vote: AYES: COUNCILMEMBERS FOPPOLI, OKREPKIE, SALMON, VICE MAYOR FUDGE, AND MAYOR MILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE ATTEST: a /6.. CJ DE LA 0, TOWN CLERK 19of19 296 of 488 RESOLUTION NO: 2017 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CITY COUNCIL POLICY 105, "OFF AGENDA ITEMS AND PLACING NON -AGENDA ITEMS ON THE AGENDA", TO CLARIFY THE MANNER IN WHICH COUNCILMEMBER-INITIATED ITEMS ARE AGENDIZED BE IT RESOLVED by the City Council of the City of National City that City Council Policy No. 105, entitled "Off Agenda Items and Placing Non -Agenda Items on the Agenda" is amended to clarify the manner in which councilmember-initiated items are agendized. PASSED and ADOPTED this 21 st day of March, 2017. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ron Morrison, Mayor 297 of 488 CC/CDC-HA Agenda 3/21/2017 — Page 298 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the appropriation of $34,170, from the General Fund Fund Balance to the Community Services Contract Services account, to support National City Aquatic Center summer programs offered b 298 of 488 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 21, 2017 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the appropriation of $34,170, from General Fund fund balance to the Community Services Contract Services account, to support National City Aquatic Center summer programs offered by Community Rowing of San Diego, Southwestern Community College District's Crown Cove Aquatic Center, Ocean Connectors, and the South Bay Family YMCA during June and July 2017. (Community Services) PREPARED BY: Audrey Denham PHONE: 619-336-4243, EXPLANATION: See attached staff report. DEPARTMENT: Community rvices APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: ` 11.17 Finance APPROVED: MIS Appropriation of $34,170 from General Fund fund balance to the Community Services Contract Services account (001-418-058-299. ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution authorizing the appropriation of $34,170, from General Fund fund balance to the Community Services Contract Services account, to support National City Aquatic Center summer programs offered by Community Rowing of San Diego, Southwestern Community College District's Crown Cove Aquatic Center, Ocean Connectors, and the South Bay Family YMCA during June and July 2017. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Staff Report 299 of 488 CALIFORNIA NNATIO NI\L CI IV o mo INCORPORATED City Council Staff Report March 21, 2017 ITEM Staff Report: Resolution of the City Council of the City of National City authorizing the appropriation of $34,170, from General Fund fund balance to the Community Services Contract Services account, to support National City Aquatic Center summer programs offered by Community Rowing of San Diego, Southwestern Community College District's Crown Cove Aquatic Center, Ocean Connectors, and the South Bay Family YMCA during June and July 2017. BACKGROUND On November 10, 2016 the City of National City (City) and the San Diego Unified Port District (Port) issued a joint Request for Proposals (RFP) for a National City Aquatic Center operator. On December 15, 2016, the sole RFP response was a collaborative proposal by four non-profit organizations including Community Rowing of San Diego, Southwestern Community College District's Crown Cove Aquatic Center, Ocean Connectors, and the South Bay Family YMCA (together referred to as the Collaborative). In February 2017, City and Port staff met with the Collaborative to discuss the proposal and request additional details. All parties involved recognized the importance of opening the facility for the 2017 summer year. It is not anticipated that negotiations for the long term operation of the National City Aquatic Center (NCAC) will conclude with an agreement reached in time to make the summer window, as registrations for summer camps and programs typically begin in early spring. Therefore, as an interim solution, staff seeks to operate the facility during the summer season, specifically the period of the local elementary through high school summer recess, contracting directly with each member of the Collaborative to provide programming. DISCUSSION City staff recommend working with the Collaborative to run summer camps during the summer months of June and July 2017 with a City subsidy of $34,170. By providing City financial support, the Collaborative is able to provide aquatic programming for National City residents at a reduced rate. The following proposed list of programs may vary: 300 of 488 Page 2 Staff Report — Authorization to appropriate $34,170 for National City Aquatic Center summer programs. March 21, 2017 Community Rowing of San Diego Half day rowing camps for youth Monday -Friday 4 camps offered during summer $150/camp Southwestern Community College District's Crown Cove Aquatic Center Half day sailing camps for youth Monday- Thursday 2 camps offered during summer $100/camp Ocean Connectors Half day ecological camps for youth (land based learning and kayaking) Monday- Thursday 2 camps offered during summer $100/camp Ocean Connectors One day ecological tours for youth and adults Saturdays 3 tours offered during summer $25/tour for youth $30/tour for adults South Bay Family YMCA 2 hour standup paddleboard field trips Offered on weekdays Throughout summer $16/field trip for youth and adults South Bay Family YMCA 2 hour kayaking field trips Offered on weekdays Throughout summer $16/field trip for youth and adults CPR and First Aid classes One time 5-7 hour class depending on type of class Offered in the evenings and on weekends Throughout summer $50/student If approved, City staff would negotiate Facility Use Permits with each member of the Collaborative. Per City Council Policy 803, Facility Use Guidelines and Regulations for the Use of Community Centers, Facility Use Permits are approved at the administrative level and the dollar amount for each Facility Use Permit will be within the City Manager's signing authority. Each Facility Use Permit would include specific deliverables, such as types of camps, number of camps offered, and a required number of participants. If deliverables are not accomplished, City financial support will not be provided. The requested amount, $34,170, is a not to exceed amount, for administrative costs and equipment. The actual amount spent may be reduced based on negotiated summer programs. Any equipment purchased will belong to the City and will be of a nature that it can be used in the on -going operation of the facility. Janitorial, landscape and facility maintenance will be the responsibility of the City. Currently, landscape and facility maintenance are handled by the City. In the short-term, City janitorial staff will ensure the facility is cleaned daily. Community Services staff will be onsite to ensure proper use of the facility and compliance with the Facility Use Permit. 301 of 488 Page 3 Staff Report — Authorization to appropriate $34,170 for National City Aquatic Center summer programs. March 21, 2017 RECOMMENDATION Adopt the resolution authorizing the appropriation of $34,170, from the General Fund Fund Balance to the Community Services Contract Services account, to support National City Aquatic Center summer programs offered by Community Rowing of San Diego, Southwestern Community College District's Crown Cove Aquatic Center, Ocean Connectors, and the South Bay Family YMCA during June and July 2017. FISCAL IMPACT Appropriation of $34,170 from General Fund fund balance to the Community Services Contract Services account (001-418-058-299). 302 of 488 RESOLUTION NO: 2017 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE APPROPRIATION OF $34,170, FROM THE GENERAL FUND FUND BALANCE TO THE COMMUNITY SERVICES CONTRACT SERVICES ACCOUNT, TO SUPPORT NATIONAL CITY AQUATIC CENTER SUMMER PROGRAMS OFFERED BY COMMUNITY ROWING OF SAN DIEGO, SOUTHWESTERN COMMUNITY COLLEGE DISTRICT'S CROWN COVE AQUATIC CENTER, OCEAN CONNECTORS, AND THE SOUTH BAY FAMILY YMCA DURING JUNE AND JULY 2017 WHEREAS, on November 10, 2016, the City of National City and the San Diego Unified Port District (the "Port") issued a joint Request for Proposals for a National City Aquatic Center operator; and WHEREAS, on December 15, 2016, the sole RFP response was a collaborative proposal by four non-profit organizations, including Community Rowing of San Diego, Southwestern Community College District's Crown Cove Aquatic Center, Ocean Connectors; and the South Bay Family YMCA (together referred to as the "Collaborative"); and WHEREAS, in February 2017, City and Port staff met with the Collaborative to discuss the proposal, but it is not anticipated that negotiations for the long term operation of the National City Aquatic Center (NCAC) will conclude with an agreement reached in time to make the summer window, as registrations for summer camps and programs typically begin in early spring; and WHEREAS, to operate the facility during the summer season, specifically the period of the local elementary through high school summer recess, the City desires to contract directly with each member of the Collaborative to provide programming with a subsidy of $34,170 from the City of National City to provide aquatic programming for National City residents at a reduced rate. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the appropriation of $34,170, from the General Fund Fund Balance to the Community Services Contract Services account to support National City Aquatic Center summer programs offered by Community Rowing of San Diego, Southwestern Community College District's Crown Cove Aquatic Center, Ocean Connectors, and the South Bay Family YMCA during June and July 2017. PASSED and ADOPTED this 21 st day of March, 2017. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk George H. Eiser, III Interim City Attorney 303 of 488 CC/CDC-HA Agenda 3/21/2017 — Page 304 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 concurrently execute a Partial Assumption of Obligations Under Site Infrastructure Agreement between the City of National City and Paradise Creek Housing Partners, L.P., 304 of 488 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 21, 2017 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to concurrently execute a Partial Assumption of Obligations Under Site Infrastructure Agreement between the City of National City and Paradise Creek Housing Partners, L.P., and a First Amendment to Site Infrastructure Agreement between the City of National City and Paradise Creek II Housing Partners, L.P., allowing the Phase I Developer to assume park of the obligation to pay the City to perform required remediation and improvement work needed on the public park component of the Westside Transit -Oriented Affordable Housing and Paradise Creek Enhancement Project. 4 PREPARED BY: Carlos Aguirre, Housing & Economic Dev. Mgr. DEPARTMENT: PHONE: 619_336-4391; APPROVE EXPLANATION: See Attachment No. 1 Housing & Economic De. L lopme t FINANCIAL STATEMENT: APPROVEtD: t't Finance ACCOUNT NO. APPROVED: MIS Expenditure Account: 001-409-500-598-1596 WI-TOD Improvements - $4,800,000.00 Revenue Account: 001-06029-3648 WI-TOD Improvements - $4,800,000.00 ENVIRONMENTAL REVIEW: rile ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: nla ATTACHMENTS: 1. Background Report 2. Partial Assumption of Obligations under Site Infrastructure Agreement 3. First Amendment to Site Infrastructure Agreement 305 of 488 Attachment No. 1 Background Report Partial Assumption of Phase II Obligations under Site Infrastructure Agreement and First Amendment to the Phase II Site Infrastructure Agreement for Paradise Creek Park Paradise Creek Housing Partners, L.P., a California limited partnership ("Phase I Developer"), and the Community Development Commission of the City of National City ("CDC") acting in its capacity as the National City Redevelopment Agency ("CDC -RDA"), entered into that certain Disposition and Development Agreement [Transit Oriented Infill Affordable Housing and Paradise Creek Enhancement Project] ("Project") dated June 21, 2011 ("DDA"). Paradise Creek II Housing Partners, L.P., a California limited partnership ("Phase II Developer") has assumed all obligations of the Phase I Developer under the DDA with respect to the Phase II Project, as defined in the DDA. On December 20, 2016, the City Council approved entering into a Site Infrastructure Agreement ("Phase II SIA") under which the Phase II Developer would subcontract with the City of National City ("City") for the improvement of the Park Parcel and would pay the City $4.8 million in full and complete satisfaction of the Phase I and Phase II Developer (together as "Developer") obligation to improve the Park Parcel under the DDA. Discussions between the City, the Phase I Developer, and the Phase II Developer subsequent to the execution of the Phase II SIA have resulted in an agreement by the Phase I Developer to assume responsibility for a portion of the payment required to be made to the City by the Phase II Developer pursuant to the Phase II SIA. The City and the Phase II Developer propose to concurrently amend the Phase II SIA to reflect the assumption of a payment of $500,000.00 to the City by the Phase I Developer, a portion of the $4,800,000.00 required to be made by the Phase II Developer under the Phase 11 SIA. 306 of 488 Attachment No 2 PARTIAL ASSUMPTION OF PHASE II OBLIGATIONS UNDER SITE INFRASTRUCTURE AGREEMENT THIS PARTIAL ASSUMPTION OF PHASE II OBLIGATIONS UNDER SITE INFRASTRUCTURE AGREEMENT ("Agreement") is dated as of the day of March, 2017, and is entered into by and between the City of National City ("City"), and Paradise Creek Housing Partners, L.P., a California limited partnership ("Developer"). RECITALS A. Developer and the Community Development Commission of the City of National City ("CDC") acting in its capacity as the National City Redevelopment Agency ("CDC -RDA"), entered into that certain Disposition and Development Agreement [Transit Oriented Infill Affordable Housing and Paradise Creek Enhancement Project] ("Project") dated June 21, 2011 ("DDA"). B. Paradise Creek II Housing Partners, L.P., a California limited partnership (the "Phase II Developer") and the City have entered into that certain Site Infrastructure Agreement dated December 20, 2016 (the "Phase II SIA") whereby the Phase II Developer agreed to assume all obligations of the Developer under the DDA with respect to the Phase II Project, as defined in the DDA. C. The Phase II Developer is obligated to improve the Paradise Creek Parcel, as defined in and pursuant to the DDA, and has or will subcontract with the City for the improvement of the Paradise Creek Parcel. Pursuant to the Phase II SIA, the Phase II Developer agreed to pay City $4.8 million to improve the Paradise Creek Parcel in full and complete satisfaction of the Phase II Developer's obligation to improve the Paradise Creek Parcel under the DDA. D. Discussions between the City, the Developer and the Phase II Developer subsequent to the execution of the Phase II SIA have resulted in an agreement by the Developer to assume responsibility for a portion of the payment required to be made to the City by the Phase II Developer pursuant to the Phase II SIA. The City and the Phase II Developer have amended or will amend the Phase II SIA to reflect the assumption of a payment of $500,000.00 to the City by the Developer, a portion of the $4,800,000.00 required to be made by the Phase II Developer under the Phase II SIA. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and Developer hereby agree as follows: 1. Developer's Payment for Site Infrastructure. (a) Park Improvements. The Phase II Developer is subcontracting with the City to perform the work needed to fulfill the Phase II Developer's obligation to improve (i) the open space located on the Paradise Creek Parcel (as defined in the DDA) and (ii) the obligation to improve and expand the Paradise Creek Education Parcel (as defined in the DDA) and the associated recreational area, as set forth in Recitals B and D.4., to the DDA, Exhibit F (Scope of Development) to the DDA and elsewhere in the DDA. (b) Maximum Amount. In consideration of the mutual covenants set forth in this Agreement, the Developer shall pay the City Five Hundred Thousand and No/100 Dollars ($500,000.00) which, when taken with the amount payable to the City by the Phase II Developer pursuant to the Phase II SIA, will constitute full and complete satisfaction of all obligations under the DDA with respect to the improvement of the Paradise Creek Parcel, on the terms and conditions set forth herein. 1 307 of 488 Attachment No 2 (c) Payment Amount and Timing. Within ten (10) business days of receiving a demand from the City, the Developer shall pay the City the specified amount for the improvement of the Paradise Creek Parcel as specified in Paragraph 2(a) herein, up to the maximum amount set forth in Paragraph 2(b) herein. 3. General Provisions. (a) Governing Law. This Agreement shall be interpreted and construed in accordance with California law, without regard to any choice of law principles. (b) Indemnity. City shall indemnify, defend and hold Developer harmless from and against any and all loss, damage, cost, expense (including attorney's fees), injury (including death) and claims therefor arising out of City's (and its contractors and subcontractors') performance under the Phase II SIA, excepting to the extent the same results from the gross negligence or willful misconduct of Developer. (c) Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. (d) Captions. The captions in this Agreement are inserted for convenience of reference and in no way define, describe or limit the scope or intent of this Agreement or any of the provisions of this Agreement. (e) Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties and their respective legal representatives, successors, heirs and permitted assigns. (f) Modifications; Waiver. No waiver, modification, amendment, discharge or change of this Agreement shall be valid unless it is in writing and signed by the party against which the enforcement of the modification, waiver, amendment, discharge or change is sought. (g) Entire Agreement. This Agreement contains the entire agreement between the parties relating to the subject matter hereof and all prior or contemporaneous agreements, understandings, representations or statements, oral or written, are superseded. (h) Partial Invalidity. Any provision of this Agreement which is unenforceable, invalid, or the inclusion of which would adversely affect the validity, legality, or enforcement of this Agreement shall have no effect, but all the remaining provisions of this Agreement shall remain in full effect. (i) Attorneys' Fees. The parties agree that the prevailing party in litigation for the breach and/or interpretation and/or enforcement of the terms of this Agreement shall be entitled to their expert witness fees, if any, as part of their costs of suit, and attorneys' fees as may be awarded by the court, pursuant to California Code of Civil Procedure ("CCP") Section 1033.5 and any other applicable provisions of California law, including, without limitation, the provisions of CCP Section 998. All claims, disputes, causes of action or controversies shall be subject solely to the jurisdiction of the San Diego Superior Court, Downtown Branch. (j) Capacity and Authority. All individuals signing this Agreement for a party which is a corporation, limited liability company, partnership or other legal entity, or signing under a power of attorney, or as a trustee, guardian, conservator, or in any other legal capacity, represent and warrant that they have the necessary capacity and authority to act for, sign and bind the respective entity or principal on whose behalf they are signing. 2 308 of 488 Attachment No 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above. City: City of National City By: Ron Morrison, Mayor Approved as to Form: By: George Eiser, Acting City Attorney DEVELOPER: Paradise Creek Housing Partners, L.P., a California limited partnership By: Related/Paradise Creek Development Co., LLC, a California limited liability company Its: Administrative General Partner By: Frank Cardone, Vice President By: CHW Paradise Creek Development Co., LLC, a California limited liability company Its: Managing General Partner By: Community HousingWorks, a California nonprofit public benefit corporation Its: Managing Member By: Anne Wilson, Senior Vice President 3 309 of 488 Attachment No. 3 FIRST AMENDMENT TO SITE INFRASTRUCTURE AGREEMENT (Paradise Creek -Phase 1I Park Including Environmental) THIS FIRST AMENDMENT TO SITE INFRASTRUCTURE AGREEMENT (this "Amendment"), is entered into by and between the CITY OF NATIONAL CITY ("City"), and PARADISE CREEK II HOUSING PARTNERS, L.P., a California limited partnership ("Developer"), and is made effective as of March , 2017. RECITALS: A. City and Developer are parties to that certain Site Infrastructure Agreement dated as of December 20, 2016 (the "Agreement"); and B. Concurrently herewith Paradise Creek Housing Partners, L.P., a California limited partnership ("Phase I Developer") is assuming the obligation to pay the City $500,000.00, which would otherwise be payable by the Developer to the City under the Agreement. However, the City is not releasing the Developer from any obligations under the Agreement; and C. City and Developer desire to amend and modify the Agreement as set forth below. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Recitals; Capitalized Terms. The foregoing Recitals and introductory paragraphs are incorporated herein as if fully here set forth. All capitalized terms used herein but otherwise undefined shall have the meanings ascribed to such terms in the Agreement. 2. Omnibus Amendment. The amount of $4.8 million referenced in Recital F, Section 2(b) and Section 3 of the Agreement shall be decreased to $4.3 million at such time as the Phase I Developer pays the City the $500,000.00, which would otherwise be payable by the Developer to the City under the Agreement. 3. Ratification. Except as specifically set forth in this Amendment, all terms and provisions of the Agreement shall be and remain unmodified, including, without limitation, all dates set forth in the Agreement, and shall remain in full force and effect. The Agreement as amended by this Amendment is hereby ratified and confirmed. 4. Counterparts and Facsimile. This Amendment may be executed in multiple counterparts, each of which, when taken together shall constitute fully executed originals. Signature and transmission by facsimile transmission shall be deemed as effective as original signatures on the original documents. {Amendment continues on the following page} 310 of 488 Attachment No. 3 IN WITNESS WHEREOF, the parties hereto have executed this Amendment effective as of the day and year first above written. CITY: CITY OF NATIONAL CITY By: Ron Morrison, Mayor Approved as to Form: By: George Eiser, Acting City Attorney DEVELOPER: PARADISE CREEK II HOUSING PARTNERS, L.P., a California limited partnership By: Related/Paradise Creek II Development Co., LLC, a California limited liability company, Its Administrative General Partner By: Frank Cardone, President By: CHW Paradise Creek II Development Co., LLC, a California limited liability company, Its Managing General Partner By: Community Housing Works, a California nonprofit public benefit corporation It Managing Member By: Anne B. Wilson, Senior Vice President First Amendment — Paradise Creek II -,- 311 of 488 RESOLUTION NO. 2017 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO CONCURRENTLY EXECUTE A PARTIAL ASSUMPTION OF OBLIGATIONS UNDER SITE INFRASTRUCTURE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND PARADISE CREEK HOUSING PARTNERS, L,P., AND A FIRST AMENDMENT TO SITE INFRASTRUCTURE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND PARADISE CREEK II HOUSING PARTNERS, L.P., ALLOWING THE PHASE I DEVELOPER TO ASSUME PART OF THE OBLIGATION TO PAY THE CITY TO PERFORM REQUIRED REMEDIATION AND IMPROVEMENT WORK NEEDED ON THE PUBLIC PARK COMPONENT OF THE WESTSIDE TRANSIT -ORIENTED AFFORDABLE HOUSING AND PARADISE CREEK ENHANCEMENT PROJECT WHEREAS, Paradise Creek Housing Partners, L.P., a California limited partnership ("Phase I Developer"), and the Community Development Commission of the City of National City ("CDC") acting in its capacity as the National City Redevelopment Agency ("CDC - RDA"), entered into that certain Disposition and Development Agreement [Transit Oriented Infill Affordable Housing and Paradise Creek Enhancement Project] ("Project") dated June 21, 2011 ("DDA"). Paradise Creek II Housing Partners, L.P., a California limited partnership, ("Phase II Developer") has assumed all obligations of the Phase I Developer under the DDA with respect to the Phase II Project, as defined in the DDA; and WHEREAS, on February 1, 2012, all redevelopment agencies in California were dissolved and the Successor Agency to the Community Development Commission as the National City Redevelopment Agency ("Successor Agency") was established to make payments and otherwise perform the enforceable obligations of the former RDA as it moved to wind down the affairs of former RDA, and, by operation of law, the Successor Agency assumed the rights and obligations of the CDC with respect to the DDA; and WHEREAS, the Successor Agency is obligated under the DDA to pay for the costs of certain environmental remediation activities with respect to the Project as defined in the DDA. With respect to the Phase I and Phase II housing sites, the environmental remediation activities were performed by a subcontractor to the Phase I and Phase 11 Developer (together as "Developer"), the costs for which were invoiced to and will be paid in full by the Successor Agency; and WHEREAS, environmental remediation is yet to be performed on the Paradise Creek Park Parcel ("Park Parcel"), but funding for the work has been obtained by the Successor Agency for the fiscal year beginning July 1, 2016; and WHEREAS, the redevelopment agency dissolution law requires that all payments by the Successor Agency must first be approved by the California Department of Finance ("DOF") via the Recognized Obligation Payment Schedule ("ROPS") process. The Successor Agency included $2,000,000.00 in its ROPS for the July 1, 2016 — June 30, 2017 period ("ROPS 16-17") for environmental remediation of the Park Parcel, which item was approved by the DOF as an enforceable obligation. The ROPS 16-17 specifies that the Developer is the payee of those funds; and WHEREAS, the Developer is also obligated to improve the Park Parcel, as defined in and pursuant to the DDA. Under the Site Infrastructure Agreement ("Phase II SIA"), 312 of 488 Resolution No. 2017- Page Two the Phase II Developer would subcontract with the City of National City ("City") for the improvement of the Park Parcel and would pay the City $4.8 Million in full and complete satisfaction of Developer's obligation to improve the Park Parcel under the DDA; and WHEREAS, discussions between the City, the Phase I Developer, and the Phase II Developer, subsequent to the execution of the Phase II SIA, have resulted in an Agreement by the Developer to assume responsibility for a portion of the payment required to be made to the City by the Phase 11 Developer pursuant to the Phase II SIA; and WHEREAS, the City and the Phase II Developer propose to amend the Phase II SIA to reflect the assumption of a payment of $500,000.00 to the City by the Phase I Developer, a portion of the $4,800,000.00 required to be made by the Phase II Developer under the Phase II SIA; and WHEREAS, concurrent with the proposed First Amendment to the Phase II SIA, the Phase 1 Developer proposes to assume the obligation to pay the City $500,000.00, which would otherwise be payable by the Phase II Developer to the City under the Phase II SIA. However, the City is not releasing the Phase II Developer from any obligations under the Phase 11 SIA. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to concurrently execute a Partial Assumption of Obligations Under Site Infrastructure Agreement between the City of National City and Paradise Creek Housing Partners, L.P., and a First Amendment to Site Infrastructure Agreement between the City of National City and Paradise Creek II Housing Partners, L.P., allowing the Phase I Developer to assume part of the obligation to pay the City to perform required remediation and improvement work needed on the public park component of the Westside Transit -Oriented Affordable Housing and Paradise Creek Enhancement Project. Said Partial Assumption and First Amendment to the Phase II SIA is on file in the office of the City Clerk. PASSED and ADOPTED this 21st day of March, 2017. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ron Morrison, Mayor 313 of 488 CC/CDC-HA Agenda 3/21/2017 — Page 314 The following page(s) contain the backup material for Agenda Item: Notice of Decision — Planning Commission approval of a Planned Development Permit and Coastal Development Permit for gas station, convenience store, and automatic car wash to be located at 3200 National City Blvd. in the Coastal Zone. (Applicant: Bryan U 314 of 488 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 21, 2017 AGENDA ITEM NO. ITEM TITLE: Notice of Decision — Planning Commission approval of a Planned Development Permit and Coastal Development Permit for gas station, convenience store, and automatic car wash to be located at 3200 National City Blvd. in the Coastal Zone. (Applicant: Bryan Underwood, Caster Properties, Inc.) (Case File 2016-16 PD, CDP, IS) PREPARED BY: Martin Reeder, AICP „-c DEPARTMENT: Pla PHONE: 619-336-4313 APPROVED BY: EXPLANATION: The project applicant has applied for a Planned Development Permit, (PDP) and Coastal Development Permit (CDP) to construct a gas station, convenience store, and an express carwash to be located at 3200 National City Blvd., the former Moynahan Towing property. The gas station would have 16 fueling stations and is expected to have 10 employees and operate 24 hours per day. The size of the property to be developed is 27,165 square feet. A Mitigated Negative Declaration was prepared by staff to mitigate potential environmental impacts. The Planning Commission conducted a public hearing on March 6, 2017 on the project. The Commissioners asked questions regarding business operations, traffic, and construction timing. The Commission voted to certify the environmental document, and to approve the PDP and CDP 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: Mitigated Negative Declaration ORDINANCE: INTRODUCTION: 111 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 / COMMISSION RECOMMENDATION: The Planning Commission certified the Mitigated Negative Declaration and approved the Planned Development Permit and Coastal Development Permit. Ayes: Baca, Bush, Flores, Garcia, Sendt, Yamane Absent: DelaPaz ATTACHMENTS: 1. Overhead 2 Planning Commission Staff Report 3. Resolution No's. 2017-5 and 2017-6 4. Reduced Plans 'Jib Oi 4titi 2016-16 PD, CDP, IS — 3200 National City Blvd. — Overhead 316 of 488 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: Case File No.: Location: Assessor's Parcel No.: Staff report by: Applicant: Property owner: Combined General Plan/ Zoning designation: Adjacent land use/zoning: North: East: South: West: Environmental review: Item no. 3 March 6, 2017 PUBLIC HEARING — CONSIDERATION OF CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION FOR A PLANNED DEVELOPMENT PERMIT AND COASTAL DEVELOPMENT PERMiT FOR A GAS STATION, CONVENIENCE STORE, AND AUTOMATIC CAR WASH TO BE LOCATED AT 3200 NATIONAL CITY BLVD. IN THE COASTAL ZONE. 2016-16 PD, CDP, IS Southeast corner of West 33rd Street and National City Blvd. 562-330-42 Martin Reeder, AICP Bryan Underwood, Caster Properties, Inc. National City Blvd Storage LLC ML-PD-CZ (Light Manufacturing — Coastal Zone/ Planned Development) Frank Hyundai/CA-PD-CZ (Commercial Automotive) Keystone Trailer & RV Park across National City Blvd./CA- PD-CZ National/54 Self -Storage across 33rd St./ML-CZ Warehouse / distribution uses/ML-CZ Mitigated Negative Declaration (MND) Staff Recommendation: Approve 317 of 488 Planning Commission Meeting of March 6, 2017 Page 2 BACKGROUND The project applicant has applied for a Planned Development Permit (PDP) and Coastal Development Perrnit (CDP) to construct a gas station, convenience store, and an express carwash to be located at 3200 National City Blvd. The gas station would have 16 fueling stations and is expected to have 10 employees and operate 24 hours per day. The size of the property to be developed is 27,165 square feet. Site Characteristics The project site is at the northwest corner of National City Blvd. and West 33rd Street in the Coastal Zone. The lot is adjacent to a larger property to the north. Both properties have been historically owned and developed as one. The last use of the property was Moynahan Towing and wrecked vehicle storage. The business is now closed. Only the southerly lot is the subject of this permit request. The lot is shown on the current zoning map as being in the Light Industrial (IL) zone, and also within the Coastal Zone (CZ). The recent Land Use Code Update is not active in the Coastal Zone. This is due to the fact that the necessary changes in the City's Local Coastal Plan have not been completed. Therefore, the City's previous zoning would generally apply. In this case the zone would have been ML-CZ-PD (Light Manufacturing — Coastal Zone/Planned Development) — essentially the same zone. The northerly property is within the Planned Development (PD) overlay and is being developed under a separate ministerial permit. Both lots will share access and will be under the same ownership. The northerly lot is being developed with a self -storage facility by right. Proposed Use The applicant is proposing to construct a gas station, convenience store, and an automatic carwash. The gas station will have eight double -sided pumps with 16 fueling stations. The carwash will also include an exterior vacuum area. The convenience store wili stock and supply a range of items such as snack foods, beverages, newspapers, etc. Twenty-one parking spaces are proposed for the gas station and convenience store. The gas station and car wash is expected to have 10 employees and operate 24 hours per day. The building housing the convenience store and oar wash wouid be 4,409 square feet in size. The canopy would be 3,060 square feet in size. 318 of 488 Planning Commission Meeting of March 6, 2017 Page 3 Analysis General Plan The project proposal is located in the Light Manufacturing zone, which is intended for uses near commercial areas, and permits low intensity, high quality industrial activities. Applied to areas near the Mile of Cars, this Industrial land use category also provides for automotive service and repair. The proposed gas station, convenience store, and automatic car wash are consistent with this definition (provided by the previous General Plan). Land Use Code Under the former Land Use Code, both the gas station and sale of nonautomotive products in excess of 216 cubic feet require issuance of a Conditional Use Permit (CUP). Because the property is within the PD overlay zone, a Planned Development Permit is required. In the case of both a CUP and PDP being triggered, the Land Use Code only requires a PDP to be processed. Chapter 18.98 (Service Stations) includes design guidelines and site development standards for new gas stations. These standards include minimum lot size (15,000 square feet), minimum landscape amount (5% of the lot), and building design and materials, which are discussed below. The proposal is consistent with all requirements of Chapter 18.98. Architecture The proposed architectural style of the convenience store and car wash building is modern in nature and features smooth and rough stucco with expansion joints, and painted metal siding with varied width spacing. Colors shown on plans include white, off white, cream, melon (light orange), and cayenne (dark orange). There is no established architectural style in the surrounding neighborhood; nearby buildings vary from modern - style car dealerships to warehouses to stucco and tile -roofed self -storage buildings. The proposed self -storage building to be located on the adjacent lot will be similar in style. Coastal Zone . The project area is not within an area of retained Coastal Commission permit jurisdiction or in an area of appeal jurisdiction. The project site is generally in an area that is exempt from Coastal Perrnit requirements (east of Hoover Avenue and north of 33rd Street). However, the requirement for a discretionary permit (PDP) triggers the need for a CDP. As part of this discretionary review, the Planning Commission must find that granting of the CDP is consistent with and implements the Certified Local 319 of 488 Planning Commission Meeting of March 6, 2017 Page 4 Coastal Program. The project is compliant with this finding in that it involves a service use, which is conditionally allowed in the ML-PD-CZ zone, and will not prohibit coastal access or obstruct views. California Environmental Quality Act £CEQA) Impacts related to gas stations usually focus on traffic, hazardous materials, and air quality. In order to analyze any potential impacts resulting from the development, a CEQA checklist (Initial Study) was prepared. Based on the analyses presented in the attached CEQA checklist, it is concluded that the project (a) would not: have the potential to degrade the quality of the environment, impact the habitat of a fish or wildlife species, cause fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory; (b) would not have impacts that are individually limited, but cumulatively considerable; and (c) would not have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly. No significant impacts to the environment, as a result of this project, have been identified. There is no habitat on site or nearby; the nearest residences (Keystone Trailer & RV Park) are more than 250 feet across an arterial street (National City Blvd.); and the property is changing from wrecked vehicle storage to a gasoline service station. Approval of the project is not expected to have any significant impacts, either long-term or short-term, nor will it cause substantial adverse effects on human beings, either directly or indirectly. As such, it is expected that project implementation would have no impact with respect to these mandatory findings of significance. The City established a 30-day public review and comment period from August 10, 2016 to September 10, 2016. During this period, the CEQA checklist (Initial Study or "IS") was available for review. A Notice of Intent (NOI) for the ND (Negative Declaration) was posted in three locations at City Hall and at the National City Public Library. The 30-day review was required (as opposed to a 20-day review period) due to the ND needing to be routed to the State Clearinghouse (Office of Planning and Research) for review. This was due to two of the Responsible Agencies being a State Agency (California Coastal Commission and Caltrans). After comments were addressed, the ND was changed to a Mitigated Negative Declaration (MND) due to the mitigation measures required (see following sections). 320 of 488 Planning Commission Meeting of March b, 2017 Page 5 California Environmental Quality Act (CEQA) — continued Comments The NOI elicited comments from two agencies, California Department of Transportation (Caltrans) and California Department of Toxic Substance Control (DTSC). DTSC Comments received from DTSC asked staff to identify and determine whether current or historic uses at the project site may have resulted in any release of hazardous wastes/substances, as well as preconstruction-phase investigation, sampling, and remedial actions; stormwater permits, and construction -phase remediation, if necessary. The latter items have been included as both mitigation measures (MM No. 11 and 12) and conditions of approval. The site has historically been used for wrecked vehicle storage, which would have likely been more impactful to the immediate environment given the current operating requirements for gas stations. A Phase I Environmental Site Assessment conducted by the applicant revealed no evidence of recognized environmental conditions in connection with or to the site, except for residual petroleum hydrocarbons present in groundwater at the site resulting from an unauthorized release that occurred at the northern adjacent 3150 National City Blvd. property. While the residual petroleum hydrocarbon impacts present at the site are considered to be a recognized environmental condition, they are considered to be a controlled condition that is generally stable or decreasing in impact. in addition, the release that resulted at the adjacent property to the north has been adequately assessed and evalua7ed to the satisfaction of the County of San Diego Department of Environmental Health, resulting in closure of the release case. Based on the history of the property, the project is not expected to have impacts that are individually limited, but cumulatively considerable. Caltrans Comments received from Caltrans asked for a traffic impact analysis (TIA), with particular emphasis on the National City Blvd. westbound off -ramp (State Route 54) intersect with the West 33rd Street intersection. A TIA was provided by the applicant, which analyzed potential traffic impacts that would result from the proposed development. This segment of National City Blvd. (33rd to SR-54) currently has an Average Daily Trip (ADT) rate of 24,600 and a 321 of 488 Planning Commission Meeting of March 6, 2017 Page 6 capacity of 40,000 ADT (Level of Service (LOS) E). The segment operates at a current LOS of C and is expected to operate at an LOS of D in 2035. A gas station with 16 pumps, a food mart, and a car wash would generate 2,480 ADT, 620 of which would be passby trips (trips generated by traffic passing through the area as opposed to direct travel to the gas station). The adjacent street segment is currently 22,220 ADT under capacity. The TIA found the following: Under current conditions, all study -area street segments are calculated to operate at LOS C or better. Analysis of existing conditions with the addition of project traffic shows that all study area segments are calculated to continue to operate at LOS C or better. Under current conditions during the peak hour, all study area intersections are calculated to operate at LOS D or better except the National City Blvd. / SR 54 westbound (WB) off -ramp intersection, which is calculated to continue to operate at LOS F during the AM peak hour. With full access at the National City Blvd./33`d Street intersection (four-way intersection) and the addition of project traffic, the following intersections are calcuiated to operate at LOS F: National City Eivd. /33rd Street — The eastbound left (EEO.) movement at this unsignalized intersection is calculated to operate at LOS F during the AM peak hour with the addition of project traffic. National City Blvd, /SR 54 Off -Ramp — This signalized intersection is calculated to continue to operate at LOS F during the AM peak hour with the addition of project traffic. Since the eastbound left turn is the only movement calculated to operate poorly, the recommended mitigation measure is prohibiting the eastbound !eft -turn movement at this intersection. This can be achieved by providing a raised median through the intersection within National City Blvd. in the north/south direction. The median will restrict eastbound ieft turns from 33rd Street to northbound National City Blvd. but allow left turns from northbound National City Blvd. to westbound left turns to 33rd 322 of 488 Planning Commission Meeting of March 6, 2017 Page 7 Street. This mitigation measure would mitigate project impacts to below a level of significance (MM No. 14.). Based on Caltrans criteria, freeway facilities to which the project adds 50-100 peak hour trips should be analyzed. The project is estimated to add less than 10 peak hour trips to the freeway segment of SR 54 east of National City, during either peak hour. Hence, a freeway mainline analysis is not warranted. Based on Caltrans criteria, metered on -ramps to which the project adds 20 or more peak hour trips should be analyzed. The project adds less than 10 peak hour trips to the eastbound SR 54 on ramp at the National City Blvd.. In addition, the eastbound SR 54 on ramp is not metered and there is no westbound SR 54 on -ramp. Hence analysis of metered freeway on -ramps is not warranted. MND analysis In the CEQA checklist, there are four possible impacts: "Potentially Significant Impact", "Less Than Significant w/Mitigation Incorporation", "Less Than Significant Impact", and "No Impact". Of the 18 sections on the checklist, two sections (Air Quality and Greenhouse Gas Emissions) had checkmarks for "Less Than Significant Impact", and three sections (Hazards & Hazardous Materials, Hydrology & Water Quality, and Transportation & Traffic) had checkmarks for "Less Than Significant [with] Mitigation Incorporation". The "Air Quality" section is generally al, ,ays considered "Less Than Significant impact" rather than "No Impact", due to existing conditions. The County of San Diego and National City are in attainment for all California Clean Air Act (CCAA) poiiutants with the exception of ozone, hence the "Less Than Significant impact". In the case of an automobile -related project that generates a large amount of vehicle trips, there will always be a decrease in air quality. Although no single project could generate enough greenhouse gas (GHG) emissions to noticeably change the global average temperature, the combination of GHG emissions from future projects contributes substantially to global climate change and its associated environmental impacts and as such is addressed only as a cumulative impact. The project's GHG emissions would occur over the short construction duration (emissions from equipment exhaust). There would also be long-term regional emissions associated with project -related new vehicular trips and indirect source emissions (e.g. elechicity usage for lighting). 323 of 488 Planning Commission Meeting of March 6, 2017 Page 8 The proposed project is subject to compliance with AB 32, which is designed to reduce statewide GHG emissions to 1990 levels by 2020. In addition, the City adopted its Climate Action Plan in 2012, which targets a reduction of GHG emissions by 15 percent below 2005/2006 levels by 2020, with additional reductions by 2030. Therefore, any impacts would be less than significant with these measures in place. i'vfitigation Measures A Mitigation Monitoring and Reporting Program (MMRP) is included with the MND to ensure that all potential impacts from the project to surrounding areas will be mitigated to a level of less than significance. Mitigation measures include the following: • Hazards & Hazardous Materials — local, regional, and state permitting requirements for gas station operations. • Hydrology & Water Quality Best Management Practices (BMPs) for grading and construction activities, as well as post -project operations, and a Hazardous Materials Management Plan. • Transportation & Traffic — raised median to restrict eastbound left turns from 33rd Street to northbound National City Blvd. Other items related to items discussed in the CEQA checklist, including those discussed under "Air Quality„ and "Greenhouse Gas Emissions" are also included in the MMRP. As of the publishing of this report, no comments have been received in relation to the public hearing. The notice was routed to all property owners and occupants within 300 feet of the project. A copy of the MND and MMRP were mailed, in addition to the public notice, to the following jurisdictions/agencies: City of Chula Vista • Sweetwater Authority • San Diego County Air Pollution Control District • California Coastal Commission • California Department of Toxic Substance Control • California Department of Transportation • California State Clearinghouse 324 of 488 Planning Commission Meeting of March 6, 2017 Page 9 Required findings (PDP) The (previous) Municipal Code contains required findings for PDPs. There are four required findings, five when the project also involves a CDP: 1. That the site for the proposed use is adequate in size and shape. The 27,165 square -foot property is in excess of the 15,000 square feet required by Section 18.98 of the Municipal Code. Additionally, all buildings and parking spaces can be installed to meet all setback and site design requirements. 2. That the site has sufficient access. The site has direct access to National City Blvd., an arterial street, and State Route 54, which can accommodate the additional 2,485 average daily trips (ADT) that would be generated by the project. The TIA submitted with this application has shown that the existing street network can function at an LOS of D or better with the required mitigation. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties. The project is a use consistent with the Light Manufacturing zone description in the General Plan and will be subject to conditions of approval (including specific mitigation measures) that ensure safe operation of the business and mitigate any potential impacts to below a level of significance. 4. That the proposed use is deemed essential and desirable to the public convenience. The project will provide a service in need for local and regional drivers requiring automobile refueling and associated services. The use is consistent with the Light Manufacturing zone description, which is intended for uses near commercial areas, and permits low intensity, high quality industrial activities. Applied to areas near the Mile of Cars, this Industrial land use category also provides for automotive service and repair. 5. That the granting of this PDP is consistent with and implements the Certified Local Coastal Program. This finding is addressed in the "Coastal Zone" section above. 325 of 488 Planning Commission Meeting of March 6, 2017 Page 10 Conditions of Approval Comments were received from the Building and Fire Depariments, as well as Sweetwater Authority. Comments focused on Building and Fire Code requirements, and are included as Conditions of Approval. Sweetwater Authority had concerns with the proposed development because of its location relative to the Lower Sweetwater River and water resources that the Authority has historically relied upon. However, conditions include necessary permitting requirements and the content requirements of a potential Hazardous Materials Management Plan. Summary A gas station and convenience store are conditionally -permitted uses in the ML zone. In addition, all new construction in the ML-PD-CZ zone requires a PDP and CDP. The project meets all design guidelines and development standards of the Land Use Code, and is consistent with the General Plan and Local Coastal Plan. Potential impacts related to Hazards & Hazardous Materials, Hydrology & Water Quality, and Transportation & Traffic will be addressed through required mitigation measures, as well as subsequent required permitting through local, regional, and state agencies. The area in which the business would be located is removed from sensitive uses and has ample access to accommodate the proposed uses on site. As a result, the use is not expected to create any significant impacts. OPTIONS 1. Certify the Mitigated Negative Declaration based on information contained in the Initial Study and approve the Planned Development Permit and Coastal Development Permit (2016-16 PD, CDP, IS), subject to the conditions iisted below, based on attached findings, or 2. Deny 2016-16 PD, CDP, IS based on attached findings or findings to be determined by the Planning Commission; or, Continue the item in order to obtain additional information. 326 of 488 Planning Commission Meeting of March 6, 1017 Page 11 ATTACHMENTS 1. Recommended Findings for Approval 2. Recommended Conditions 3. Overhead 4. Public Hearing Notice (Sent to 117 property owners and occupants) 5. Notice of Intent and Availability of Environmental Review and Comment Period of Draft Negative Declaration (published in the San Diego Union -Tribune, not mailed). 6. CEQA Checklist, Mitigated Negative Declaration, and Mitigation Monitoring & Report Program 7. Applicant's Plans (Exhibit A, case file no. 2016-16 PD, CDP, IS, dated 6/20/2016) MARTIN REEDER, AICP Principal Planner BRAD RAULSTON Deputy City Manager 327 of 488 Planning Commission Meeting of March 6, 2017 Page 12 RECOMMENDED FINDINGS FOR CERTIFCATION OF THE MITIGATED NEGATIVE DECLARATION 2016-16 PD, CDP, IS — 3200 National City Blvd. 1 That the project does not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. 2. That the project does not have impacts that are individually limited but cumulatively considerable. 3. That the project does not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. 4. That although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on the attached Mitigation Monitoring and Reporting Program have been added to the project. 328 of 488 Planning Commission Meeting of March 6, 2017 Page 13 RECOMMENDED FINDINGS FOR APPROVAL OF THE PLANNED DEVELOPMENT PERMIT 2016-16 PD, CDP, IS — 3200 National City Blvd. 1 That the site for the proposed use is adequate in size and shape, because the 27,165 square -foot property is in excess of the 15,000 square feet required by Section 18.98 of the Municipal Code, and because all buildings and parking spaces can be installed to meet all setback and site design requirements. 2. That the site has sufficient access, because the property has direct access to National City Blvd., an arterial street, and State Route 54, which can accommodate the additional 2,485 average daily trips (ADT) that would be generated by the project at an LOS of D or better with required mitigation. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, because the project is a use consistent with the Light Manufacturing zone description in the General Plan and will be subject to conditions of approval (including specific mitigation measures) that ensure safe operation of the business and mitigate any potential impacts to below a level of significance. 4. That the proposed use is deemed essential and desirable to the public convenience, because the project will provide a service in need for local and regional drivers requiring automobile refueling and associated services, and because the use is consistent with the Light Manufacturing zone description, which is intended for uses near commercial areas, and permits low intensity, high quality industrial activities. 5. That the granting of this Planned Development Permit is consistent with and implements the Certified Local Coastal Program, because the project does not involve any land alterations and provides for a use on an existing industrially - zoned parcel in an area designated by the Local Coastal Program and the General Plan for service and industrial use. 329 of 488 Planning Commission Meeting of March 6, 2017 Page 14 RECOMMENDED CONDI T IONS OF APPROVAL 2016-16 PD, CDP, IS — 3200 National City Blvd. General 1. This Planned Development Permit and Coastal Development Permit authorize a gas station with a convenience store and automatic car wash. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, case file tiu. 2016-16 PD, CDP, iS, dated 6/20/2016. 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. 3, 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 Land Use Code. 4. Before this Planned Development and Coastal Development 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 Planned Development and Coastal Development Permit. The applicant shall also submit evidence to the satisfaction ot the City Manager or designee 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 shag provide information that conditions imposed by approval of the Planned Development and Coastal Development 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. Building 5. Plans submitted for improvements must comply with the current editions of the California Building, Electrical, Plumbing, Mechanical, and Fire Codes. Engineering 6. A Hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to 330 of 488 Planning Commission Meeting of March 6, 2017 Page 15 convey any additional run off. Ail Hydrology study findings and recommendations are part of Engineering Department requirements. 7. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 8. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 9. All surface run-off shall be treated with an approved Standard Urban Runoff Mitigation Plan (SUSMP) Best Management Practice (BMP) for all Priority SUSMP projects. No runoff will be permitted to flow over the sidewalk. Adjacent properties shall be protected from surface run-off resulting from this development, 10. The property owner, or its successors and assigns shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right-of-way. Sprinkler heads shall be adjusted so as to prevent overspray upon the public sidewalk or the street. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner or, its successors or assigns, shall be remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. 11. Metallic identification tape shall be placed between the bottom layer of the finished surface and the top of all irrigation lines in the public right-of-way. 12.A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or 331 of 488 Planning Commission Meeting of March 6, 2017 Page 16 development shall be impiemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment rnaintenance agreement shall be signed and recorded. A check list for preparation of the grading plan/drainage plan is available at the Engineering Department. 13.The existing and proposed curb inlet on property shall be provided with a "No Dumping" signage in accordance with the NPDES program. 14.A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of- way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 15.A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class I! aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. AI: -soils report findings and recommendations shall be part of the Engineering Department requirements. 16.AII existing survey monuments, including any benchmark, within the boundaries of the project shall be shown an the plans. If disturbed, a licensed land surveyor or civil engineer shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall restore them after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the City of National City Engineering Department as soon as filed. 17.A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 18. Street improvements shall be in accordance with the City Standards. All missing street improvements shall be constructed. Abandoned driveway aprons shall be replaced with curb, gutter, and sidewalks. 332 of 488 Planning Commission Meeting of March 6, 2017 Page 17 19.A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 20.AI1 electrical, telephone and similar distribution service wires for the new structure(s) shall be placed underground. 21.A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. 22.A hydromodification plan or a letter sealed and signed by the Engineer of Work explaining why the project is exempt from hydromodification requirements shall be submitted. Fire 23. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC), National Fire Protection Association (NFPA), and California Code of Regulations (CCR). 24. Fire alarm and fire sprinkler coverage shall be evaluated and installed for the intended use per code. 25. Fire apparatus access roads shall comply with the requirements of Section 5 CFC 2013 (or current version) and shall extend to within 150 feet of all portions of the facility and all portions of the exterior vtwatls of the first story of the building as measured by an approved route around the exterior of the building. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. 26.The required width of emergency fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. All access roads shall be no Tess than 20 feet wide, no less than 14 feet high, and shall have an al! - weather road with the ability to support 75 thousand pounds or greater. 27.Where a fire hydrant is located on a fire apparatus road, the minimum road width shall be 26 feet. A 28-foot turning radius is required for fire department access through site. All fire department access roads shall be painted and signed to prevent parking in these required designated emergency areas. 333 of 488 Planning Commission Meeting of March 6, 2017 Page 18 28. Grade of fire apparatus road shall be within the limits established (i 5% Grade) by the fire code official based on fire department's apparatus. Planning 29.A landscape and underground irrigation plan shall be submitted as part of the construction permitting process. 30. Business operations shall comply with Municipal Code Title 12 (Noise) at all times. 31. Plans submitted for construction shall conform to Land Use Code Section 18.42.040 (Screening mechanical equipment and elevator housing) and 18.46 (Outdoor Lighting), and 18.98 (Service Stations). 32_ Plans submitted for construction permits shall show that a cover for all trash enclosures be provided. 33.The project will be required to obtain an operation permit from the San Diego County Air Pollution Control District (APCD), which will be subject to National Emission Standards for Hazardous Air Pollutants (NESHAP) and Air Toxic Control Measures (ATCM). 34.Violation of APCD licensing/permitting or any other state licensing department shall be a violation of this Planned Development Permit and Coastal Development Permit. 35.Any planned exterior propane tank shall be screened in compliance with Land Use Code Section 18.42.040. 36.A raised median through the intersection within National City iiivd. in the north / south direction shall be constructed as part of the development. The median shall restrict eastbound left —turns from 33rd Street to northbound National City Blvd. but allow left -turns from northbound National City Blvd. to westbound left —turns to 33rd Street. 37.A sign should be placed at the 33rd Street driveway alerting outbound drivers that they should turn right to access 30th Street and northbound National City Blvd.. 38.AII proposed business signage shall be in conformance with Land Use Code requirements. Department of Toxic Substance Control 39_ If the project plans include discharging ,vastawater to a storm drain, the applicant may be required to obtain an NPDES (National Pollutant Discharge Elimination System) permit from the overseeing Regional Water Quality Control Board (RWQCB). 334 of 488 Planning Commission Meeting of March 6, 2017 Page 19 40. if during construction/demolition of the project, soil andior groundwater contamination is suspected, construction/demolition in the area should cease and appropriate health and safety procedures should be implemented. if it is determined that contaminated soil and/or groundwater exist, notify regulatory agency and obtain its oversight depending on the nature of contamination. Sweetwater Authority 41.The Owner will be required to plot the proposed water facilities, service laterals, and locations of backflow assemblies on site plans submitted for construction. Water facilities cannot be located within three (3) feet of the edge of driveway aprons, and a separation of ten (10) feet is required between sewer and water laterals. 42.Authority records indicate there is currently a 1-inch water service lateral with a 5/8- inch meter serving the project site. Based on the proposed facilities shown on the preliminary plans, the Owner will be subject to payment of Authority Capacity fee of $2,300 minimum per commercial unit. The Owner will also be subject to payment of the San Diego County Water Authority Capacity (SDCWA) charges dependent on the selected meter size(s). Current SDCWA charges can be found at www.sdcwa.orq. The Owner shall further be responsible for all costs associated with the installation of proposed water service(s), including the installation of an 8-inch inline gate valve on 33rd Street or a 16-inch inline butterfly valve on National City Blvd., depending on which street is used for fire service, as required, and backflow prevention device(s) that meet current standards. 43. Public water facilities shall be designed and installed in accordance with the current Sweetwater Authority Design Standards and the Standard Specifications for Construction of Water Facilities. 44.Once a building permit is obtained by the Owner, the Owner shall submit the approved signed plans from the City of National City to Sweetwater Authority. The approved submittal must include a site plan, floor plan, plumbing plan showing total fixture count, water demands in gallons per day, and a fire sprinkler plan (if applicable) so that water facilities can be verified. 45. Pursuant to the Authority's Rates and Rules and Policy for Water Service Application, the Owner must also request and submit a letter written to the Authority from the National City Fire Department indicating fire flow requirements for the proposed construction. When fire sprinklers are required, fire sprinkler plans and calculations shall also be submitted. Upon review of all submitted documents, the Authority will calculate costs and applicable fees required by the proposed construction. 46. If a Hazardous Materials Management Plan (HMMP) will be required for the construction phase of the project, the Authority requests that the HMMP include notification to the 335 of 488 Planning Commission Meeting of March 6, 2017 Page 20 Authority via its 24-hour emergency telephone number at (619) 409-6800, as part of a spill response plan. The Authority also requests notification in the event of a post - construction surface spill or an underground storage tank leak on the premises. If a Hazardous Materials Business Plan and/or an emergency response plan for the proposed gas station will be required, the Authority requests that those documents include the Authority's 24-hour emergency telephone number as previously referenced. 336 of 488 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONSIDERATION OF CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION FOR A PLANNED DEVELOPMENT PERMIT AND COASTAL DEVELOPMENT PERMIT FOR A GAS STATION, CONVENIENCE STORE, AND AUTOMATIC CAR WASH TO BE LOCATED AT 3200 NATIONAL CITY BLVD. IN THE COASTAL ZONE. CASE FILE NO.: 2016-16 PD, CDP, IS APN: 562-330-42 The National City Planning Commission willhold a public hearing after the hour of 6:00 p.m. Monday, March 6, 2017, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request (Applicant: Bryan Underwood, Caster Properties, Inc.). The project applicant is proposing to construct a gas station, convenience store, and express carwash to be located at 3200 National City Blvd. The gas station would have 16 fueling stations and expected to have ten employees and operate 24 hours per day. The size of the property to be developed is 27,165 square feet in size. Information is available for review at the City's Planning Department, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Department on or before 12:00 p.m., March 6, 2017, who can be contacted at 619-336-4310 or planninq(tnationalcitvca.gov if you challenge the Mature of the proposed action in court, you may be limiter; 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 BRAD RAULSTON Deputy City Manager NNING DEPARTMENT 337 of 488 CITY OF NATIONAL CITY PLANNING DEPARTMENT LEGAL NOTICE OF INTENT AND AVAILABILITY FOR ENVIRONMENTAL REVIEW AND COMMENT PERIOD OF DRAFT NEGATIVE DECLARATION (NO) Draft ND Public Review and Comment Period: August 10, 2016 to September 10, 2016 Notice is hereby given that the City of National City (City), as the lead agency, is proposing to adopt a Negative Declaration (ND) in accordance with the California Environmental Quality. Act (CEQA) for the proposed project as identified below. A 30-day public review and comment period has been established pursuant to CEQA Guidelines Section 15073 for the Draft ND which has been prepared for the proposed project. PROJECT NAME: 2016-16 PD, CDP APPLICANT: Bryan Underwood, Caster Properties, Inc. LOCATION: 3200 National City Blvd., National City, CA 91950 DESCRIPTION: The proposed project is a new gas station, convenience store, and automatic ear wash. The building housing the convenience store and car wash would be 4,409 square feet in size. The canopy would be 3,060 square feet in size and would house 8 double -sided fuel pumps. SIGNIFICANT ENVIRONMENTAL EFFECTS ANTICIPATED AS A RESULT OF THE PROJECT: The City conducted an Environmental Initial Study (IS) that determined the proposed project would not have a potentially significant environmental impact. REVIEW AND COMM:ENT PERIOD: The City has established a 30-day public review and comment period from August 10, 2016 to September 10, 2016. During this period, the Draft ND and IS will be available for review, or for purchase at the cost of reproduction, at the following locations and during the following days and times: City of National City Planning Department 1243 National City Boulevard National City, California 91950 Monday through Thursday 7:00 a.m. to 6:00 p.m. 338 of 488 National City Libi _ _ y 200 E. 12th Street National City, California 91950 Monday ugh Thursday 10:00 a.un.-.o 8:00 p.m. Saturday and Sunday 1:00 p.m. to 5:00 p.m. Comments can be made on the IS/ND in writing before the end of the public review and comment period. and also in person at the Planning Commission meeting scheduled to be held on September 19, 2016. All written comments on the Draft ND should focus on the sufficiency of the document in identifying and analyzing the potential irnpacts on the environment that may result from the proposed project, and the ways in which the significant effects are avoided or mitigated. Written comments must be submitted so as to arrive no later than 6:00 p.m. on September 10, 2016 to the following: Martin Reeder — AICP, Principal Planner, Planning Department, 1243 National City Boulevard, National City, CA 91950. Following the close of the public comment period, the City will consider the IS/ND and comments thereto in determining whether to approve the proposed project. The City will prepare a Final ND for consideration and certification by the City Council. FURTHER INFORMATION: For environmental review information, please contact Principal Planner Martin Reeder at the City of National City at 619.336.4313 or mreeder@nationalcityca.gov. 339 of 488 3/1/17 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) INITIAL STUDY CHECKLIST CITY OF NATIONAL CITY Planning Department 1243 National City Boulevard National City, CA 91950 i 1. PROJECT TITLE/PROJECT #: 2016-16 PD, CDP - Planned Development Permit and Coastal Development Permit for a new gas station, convenience store, and car wash. 2. LEAD AGENCY: Contact: Phone: 3. PROJECT LOCATION: 4. PROJECT PROPONENT: 5. ZONING DESIGNATION: City of National City Planning Department 1243 National City Boulevard National City, CA 91950 Martin Reeder, AICP - Principal Planner (619) 336-4313 3200 National City Blvd., National City, CA 91 950 Bryan Underwood, Caster Properties, Inc. Light Manufacturing with Planned Development (PD) and Coastal Zone (CZ) overlays 6. PROJECT DESCRIPTION: The proposed project is a new gas station, convenience store, and automatic car wash. The building housing the convenience store and car wash would be 4,409 square feet in size. The canopy wound be 3,060 square feet in size and would house 8 double -sided fuel pumps. 7. SURROUNDING LAND USES AND SETTING: The property lies at the northwest corner of National City Blvd. and West 33"d Street. The surrounding area is mostly fully developed. There are existing storage, warehouse, and automotive uses north, west, and south of the property, including an auto dealership and an auto impound yard to the north (Commercial Automotive zone), a warehouse to the west (Light Manufacturing zone), and a self -storage facility to the south across West 33rd Street (Light Manufacturing zone). The impound yard is slated for redevelopment as a self -storage facility. The property to the cast across National City Blvd. is undeveloped and is currently a buffer between National City Blvd. and a non -operational drive-in movie theater (Commercial Automotive zone). All surrounding properties are also located within the Coastal Zone. A freeway (State Route 54) lies beyond the self - storage use to the south. 8. OTHER AGENCIES WHOSE APPROVAL MAY BE REQUIRED (AND PERMITS NEEDED): California Coastal Commission (Coastal Development Permit), San Diego Air Pollution Control District (operation permit), California State Board of Equalization (Underground Storage Tank Maintenance Permit). 340 of 488 Initial Study - Page 2 of 19 ENNIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or is "Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture and Forestry Resources ❑ Air Quality • Biological Resources ❑ Cultural Resources ❑ Geology / Soils ❑ Greenhouse Gas Emissions C1 Hazards & Hazardous Materials E Hydrology / Water Quality ❑ Land Use / Planning ❑ Mineral Resources ❑ Noise ❑ Population / Housing ❑ Public Services ❑ Recreation Transportation / Traffic ❑ Utilities / Service Systems ❑ Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this Initial Evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLAMATION will be prepared. i find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect (I) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or is "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effect that remains to be.addressed. Signature Flo Date Printed Name: Martin Reeder, AICP Title: Principal Planner 341 of 488 Initial Study - Page 3 of 19 EVALUATION OF ENVIRONMENTAL IMPACTS: 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to the project. A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards. 2. All answers must take account of the whole action involved. Answers should address off -site as well as on - site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence than an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Negative Declaration: Less than Significant w/ Mitigation Incorporated" applied where the incorporation of a mitigation measure has reduced an effect from "Potentially Significant Impact" to "Less then Significant Impact". The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). References to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8. This in only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whichever format is selected. 9. The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significance. 342 of 488 Initial Study - Page 4 of 19 ISSUES with Supporting Documentation & Sources I — AGRICULTURE - Would the project: a) Have a substantial adverse effect on a scenic vista? (Sources: 1, 2, 3) b) Substantially damage sonic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Sources: 1, 2, 3) c) Substantially degrade the existing visual character or quality of the site and its surroundings? (Sources: 1, 2, 3) d) Create a new source of substantial light or glare which would adversely affect day or nighttime Views in the area? (Sources: 1, 2, 3) Potentially Less Than Less Than No Significant Sign Meantwl Significant Impact Impact Mitigation Impact Incorporation X X L. x X The project site is an existing automobile impound and wrecked vehicle storage lot. The property is surrounded by existing developed or disturbed areas. There are no scenic vistas or resources in the area that would be affected by the project. The existing visual character is low due to the existing mostly industrial uses surround the site. The redevelopment of the property would generally improve the existing dirt fenced lot with new paving and a brand new building. There are no residential zones in proximity to the project are that would be affected by substantial light or glare impacts. II — AGRICULTURE AND FORESTRY RESOURCES Potentially Less Than Less Than No In determining whether impacts to agricultural resources are Significant significant w/ significant Impact Impact Mitigation Impact significant environmental effects, lead agencies may refer to the !7coPp�ratten California Agricultural Land Evaluation & Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring X 343 of 488 Initial Study - Page 5 of 19 Program of the California Resources Agency, to non- agricultural use? (Sources: 1, 2, 3) b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Sources: 1, 2, 3) c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? (Sources: 1, 2, 3) d) Result in the loss of forest land or conversion of forest land to non -forest use? (Sources: 1, 2, 3) e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non -forest use? (Sources: 1, 2, 3) ❑ ❑ X X The City of National City does not contain farmland or agricultural resources, forest land, nor any land zoned for agricultural use. As such, approval of this project will have no impact on such lands or resources. III — AIR QUALITY Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? (Sources: 1, 2, 3) b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? (Sources: 1, 2, 3) c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (Sources: 1, 2, 3) d) Expose sensitive receptors to substantial pollutant concentrations? (Sources: 1, 2, 3) e) Create objectionable odors affecting a substantial number of people? (Sources: I, 2,3) Potentially Less Than Less Than No Significant Significant w! Significant Impact Impact Mitigation Impact Incorporation ❑ ❑ X X X X The City does not have any applicable air quality plan or standards that would apply in this case. Air quality is under the purview of the San Diego County Air Pollution Control District. The County of San Diego and 344 of 488 Initial Study - Page 6 of 19 National City are in attainment for all California Clean Air Act (CCAA) pollutants with the exception of ozone. Approval of this project will not conflict with or obstruct the implementation of the San Diego County Regional Air Quality Strategy (RAQS) to manage air quality in our region. In addition, the project will be required to obtain an operation permit from the San Diego County Air Pollution Control District, which are subject to National Emission Standards for Hazardous Air Pollutants (NESHAP) and Air Toxic Control Measures (ATCM). These standards establish national emission limitations and management practices for hazardous air pollutants (HAP) emitted from the loading of gasoline storage tanks at gasoline dispensing facilities (GDF). This subpart also establishes requirements to demonstrate compliance with the emission limitations and management practices. There are no sensitive receptors nearby that would be exposed to pollutant concentrations or objectionable odors. As such, overall, approval of this project will have a less than significant impact on air quality. IV — BIOLOGICAL RESOURCES Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? (Sources: 4) b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (Sources: 4) c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (Sources: 4) d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or hnpcdc the use of native wildlife nursery sites? (Sources: 4) e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? (Sources: 1) f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? (Sources: 1) Potentially Significant Impact Lem Than Significant w/ Mitigation Irrorporation L Less Than No Significant Impact Impact X X ❑ ❑ X C ❑ x X The project site was previously developed and utilized as an auto impound and wrecked vehicle storage yard. The site contains no native or non-native vegetation. Also, no jurisdictional wetlands, other sensitive habitat, or sensitive species are located on the property; and data provided by the U.S. Fish & Wildlife Service indicate the proposed project site contains no jurisdictional wetlands or jurisdictional waters of U.S. or state - defined streambeds. 345 of 488 Initial Study - Page 7 of 19 The project site is located completely within an urbanized area, surrounded by development and contains no sensitive habitats or biological resources that are protected by local policies or ordinances. There are also no adopted habitat conservation plans within the City of National City.; therefore, the proposed development would have no impact on biological resources. V — CULTURAL RESOURCES Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? (Sources: 3) b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to 15064.5? (Sources: 3) c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? (Sources: 3) d) Disturb any human remains, including those interred outside of formal cemeteries? (Sources: 3) Potentially Significant Impact Less Than Less Than No Significant w/ Significant Impact Mitigation Impact Incorporation x L — X ❑ 1 x No historical or archaeological resources as defined in Section 15064.5 are known to exist on the proposed project site. Additionally, the developed nature of the area as an industrial/commercial area, suggests that no impacts to archaeological resources are anticipated. No cultural resource constraints are known to exist on the disturbed project site. As such, there is a relatively low probability of disturbing any human remains and therefore, no significant impact. In the event of the accidental discovery or recognition of any human remains during construction, the applicant shall take all appropriate steps as required by relevant federal, state, and local laws. Therefore, the proposed project would not result in a significant impact to cultural resources. VI — GEOLOGY AND SOILS Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. (Sources: 5) ii) Strong seismic ground shaking? (Sources: 5) iii) Seismic -related ground failure, including liquefaction? (Sources: 5) iv) Landslides? (Sources: 5) b) Result in substantial soil erosion or the loss of topsoil? (Sources: 2, 5) Potentially Less Thai Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation ❑ L X 346 of 488 Initial Study - Page 8 of 19 c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? (Sources: 5) d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (Sources: 5) e) 1-lave soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? (Sources: 5) ❑ ❑ ❑ x X X California Geological Survey information indicates the site is not located within an Alquist-Priolo Special Studies Zone, and there are no known active or potentially active faults that intercept the project site; therefore, the potential for ground rupture at this site is considered low. The nearest active fault to the site is the La Nacion Fault, located approximately a mile -and -a -half to the northeast. Accordingly, the site is not considered to possess a significantly greater seismic risk than that of the surrounding area in general. The site is not within an area susceptible to landslides and not within a fault zone, slide prone area or an area susceptible to liquefaction; therefore there is no impact or increased exposure to landslides due to the proposed project. It should be recognized that Southern California is an area that is subject to some degree of seismic risk and that it is generally not considered economically feasible nor technologically practical to build structures that are totally resistant to earthquake -related hazards. Construction in accordance with the minimum requirements of the Uniform Building Code should minimize damage due to seismic events. Due to the number and nature of the active and non -active fault lines within the southern California region, it cannot be known when earthquakes will occur; therefore, there is a less than significant impact. Proposed plans include substantial non -permeable development (gas station, car wash, convenience store, parking lot) with all additional open areas proposed to be landscaped. Additionally, all design and construction will require conformance with City's stormwater ordinance. Therefore, there is no impact or increased substantial erosion due to the proposed project. he proposed project site would have traditional sewer laterals, which will connect with the existing sewer system that serves the City. There would be no use of septic tanks or alternative waste water disposal systems; therefore, no impact. VII — GREENHOUSE GAS EMISSIONS Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? (Sources: 1, 9, 11) b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? (Sources: 1, 9., 10) Potentially Significant Impact Less Than Significant w/ Mitigation Incorporation Less Than No Significant Impact Impact X GHG emissions contribute, on a cumulative basis, to the significant adverse environmental impacts of global climate change. No single project could generate enough GHG emissions to noticeably change the global 347 of 488 Initial Study - Page 9 of 19 average temperature. 'Me combination of GHG emissions from past, present, and fixture projects contributes substantially to the phenomenon of global climate change and its associated environmental impacts and as such is addressed only as a cumulative impact. The project's GHG emissions would occur over the short construction duration, and would consist primarily of emissions from equipment exhaust. There would also be long-term regional emissions associated with project -related new vehicular tips and indirect source emissions, such as electricity usage for lighting. According to SANDAG (San Diego Association of Governments trip generation data, a gas station with food mart and car wash with 16 pumps would generate 2,480 average daily trips (ADT), which would contribute to airborne pollutants. California has adopted several policies and regulations for the purpose of reducing GHG emissions. On December 11, 2008, CARB adopted the AB 32 Scoping Plan to achieve the goals of AB 32 that establishes an overall framework for the measures that will be adopted to reduce California's GHG emissions. The proposed project is subject to compliance with AB 32, which is designed to reduce statewide GHG emissions to 1990 levels by 2020. In addition, in 2012 the City of National City adopted its Climate Action Plan and associated targets to reduce GHG emissions by 15 percent below 2005/2006 levels by 2020, with additional reductions by 2030. Some of the primary provisions of the Climate Action Plan are to promote greater density and infill development, water conservation, energy efficiency, and waste reduction strategies. The proposed project would not conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHG emissions, as contained in the Climate Action Plan. Based on the above, any impacts would be less than significant. VIII — HAZARDS & HAZARDOUS MATERIALS Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? (Sources: 1) b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (Sources: 1) c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Sources: 1) d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Sources: 1, 12) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (Sources: 1) f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? (Sources: 1) g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (Sources: 1) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation X ❑ 348 of 488 Initial Study - Page 10 of 19 h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires; including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (Sources: 1) X The Phase I Environmental Site Assessment has revealed no evidence of recognized environmental conditions in connection with or to the Site except for residual petroleum hydrocarbons present in groundwater at the Site resulting from an unauthorized release that occurred at the northern adjacent 3150 National City Boulevard property. While the residual petroleum hydrocarbon impacts present at the Site are considered to be a recognized environmental condition, they are considered to be a controlled condition that is generally stable or decreasing in impact. In addition, the release that resulted at the adjacent property to the north has been adequately assessed and evaluated to the satisfaction of the County of San Diego DEH, resulting in closure of the release case. Based on an evaluation of available soil, soil vapor and groundwater data for the Site, petroleum impacted soil is not expected to be encountered during future planned construction activities for the proposed project facility. In addition, vapor intrusion to future enclosed spaces of the planned development is not considered to be a significant concern. No additional assessment at the Site was considered to be warranted at this time by the Environmental Site Assessment. Because the proposed used is a gas station, there will be regular deliveries of gasoline, which has the possibility of spilling in an accident situation, although not highly likely. The project will be required to obtain an operation permit from the San Diego County Air Pollution Control District, which will be subject to National Emission Standards for Hazardous Air Pollutants (NESHAP) and Air Toxic Control Measures (ATCM). These standards establish national emission limitations and management practices for hazardous air pollutants (HAP) emitted from the loading of gasoline storage tanks at gasoline dispensing facilities (GDF). This subpart also establishes requirements to demonstrate compliance with the emission limitations and management practices. Also, as part of the project, the applicant will be required to prepare a Hazardous Materials Management Plan (HMMP), which will include measures for dealing with spills of gasoline; therefore, there would be a less than significant impact with the measures in place. Therefore, there would be a less than significant impact. There is no adopted emergency response plan or emergency evacuation plan in the City, although there are local considerations that are included as appendices to the Unified San Diego County Emergency Services Organization approved Annex Q of the Operational Area Emergency Plan. The project does not conflict with any of the considerations or plans in the Area Emergency Plan, thus no conflict. The site is not on a list of hazardous materials sites complied pursuant to Government Code Section 65967,.5; There are no airports or airstrips in the vicinity; the project would not interfere with an adopted emergency response plan or emergency evacuation plan; and the project is not adjacent to any wildlands or land subject to wildland fires; therefore there would not be any significant risk of loss, injury or death involving wildfires. Therefore, there is no impact. IX — HYDROLOGY i WATER QUALITY Would the project: a) Violate any water quality standards or waste discharge requirements? (Sources: 1) b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation X C ❑ x 349 of 488 Initial Study - Page 11 of 19 which would not support existing land uses or planned uses for which permits have been granted)? (Sources: 1) c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? (Sources: 1) d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? (Sources: 1) c) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? (Sources: 1) f) Otherwise substantially degrade water quality? (Sources: 1) g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Sources: 1) h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? (Sources: 1) i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? (Sources: 1) j) Inundation by seiche, tsunami, or mudflow? (Sources: 1) X E — X X The local water provider (Sweetwater Authority) has concerns related to spill events that could contaminate both surface water and groundwater due to the proximity to the Lower Sweetwater River and water monitoring and delivery infrastructure within 150 feet of the project site. In order to offset any impacts, Sweetwater Authority is requesting that the Authority's 24-hour emergency phone number be included in the I azardous Materials Management Plan (I MP) for both the construction and operation phase of the project, which has been included as a mitigation measure and condition of approval of the project; therefore, there would be a less than significant impact. The proposed project is subject to state and local stormwater requirements including appropriate design features that adequately address water quality discharge requirements; therefore, there would be no significant impact. Also, the site is located in an urbanized developed area and includes appropriate construction and permanent best management practices that would not significantly impact water quality. No housing is proposed and the area is not within a failure area of a levee or dam; therefore, there would be no exposure of people or structures toany significant risks. The area is several miles inland from the San Diego Bay and other water features that would create the natural disasters mentioned above; therefore, there is no impact. X — LAND USE ANI PLANNING Would the project: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation 350 of 488 Initial Study - Page 12 of 19 a) Physically divide an established community? (Sources: 1, 2, 3) b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (Sources: 1, 2, 6) c) Conflict with any applicable habitat conservation plan or natural community conservation plan? (Sources: 1, 2) LI X X X The site is surrounded by light industrial and commercial uses (storage, warehouse, and automotive uses). No residential zones are nearby. The only established community is a mobile home park located to the northeast. Development of the site would not physically impact the community; therefore, there would be no impact to established communities. The project is a permitted commercial use in a zone that allows both industrial and commercial uses, which is consistent with both the General Plan, Local Coastal Plan, and the Land Use Code; therefore, there would be no conflict with said plans. There are no applicable habitat conservation plan or natural community conservation plans in the City, therefore no impact. XI — MINERAL RESOURCES Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? (Sources: 1) b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Sources: 1) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation Li X X The project site is located completely within an urbanized area and surrounded by development. The site contains no known mineral resources on the proposed project site or delineated on a local plan for the site; therefore, there is no impact to mineral resources. XII — NOISE Would the project result in: Potentially Significant Impact a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (Sources: 1, 2, 3) b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? (Sources: 1, 2, 3) c) A substantial permanent increase in ambient noise levels in the project Less Than Significant w/ Mitigation Incorporation Li Less Than No Significant Impact Impact X X 351 of 488 Initial Study - Page 13 of 19 vicinity above levels existing without the project? (Sources: 1) d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (Sources: 1, 2, 3) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (Sources: 1, 2, 3) f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (Sources: 1, 2, 3) 1 X X X ❑ ❑ x The proposed project area is in an urbanized area and is not near to any residentially -zoned properties. The automatic car wash will be enclosed and is oriented north to south. Therefore, any noise would be directed away from the nearest residential area, which is over 300 feet away to the northeast. Additionally, any noise impacts are not expected to exceed the ambient freeway noise in this area. Furthermore, the project is subject to the limitations contained in the City's Noise Ordinance; therefore, no impacts are expected. The associated construction on the project site would create temporary noise impacts. Modern construction equipment, properly used and maintained, should not exceed the noise limits contained in the City's Noise Ordinance. All noise generated by the project would be required to comply with the City's Noise Ordinance and be limited to specific hours of operation. No significant impact from the project would occur. The proposed project site is not located within an airport land use plan or within two miles of a public use airport or private airstrip; therefore, there is no impact to those people working on the project site. XIII — POPULATION AND HOUSING Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (Sources: 1, 2, 3) b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (Sources: 1, 2,3) c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (Sources: 1, 2, 3) Potentially Less Tim Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation 1 H r u X 1 X X The project is a commercial use and would replace an existing industrial use, therefore there would be no impact to population or housing in the area. 352 of 488 initial Study - Page 14 of 19 XIV — PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (Sources: 1, 3) Police protection? (Sources: 1, 3) Schools? (Sources: 1, 3) Parks? (Sources: 1, 3) Other public facilities? (Sources: 1, 3) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation ❑ X X X -I x The proposed project would not result in adverse impacts to public services. The project site is currently and will continue to be served by the National City Fire and Police Department. The closest Fire Station is approximately 1.25 miles away on East 16th Street, as is the Police Station at 12a' Street and National City Boulevard. Typical response time for this area would not be adversely impacted, as plans do not involve changes to public streets adjacent to the site and since plans include retaining emergency access throughout the project area. Also, the development will generate impact fees specifically slated for public services that will supplement any additional requirements brought about by the development; therefore, there is no significant impact. Parks and schools would not be impacted, as there are none in the area and no increase in population that would add to school attendance or park use would occur, thus no impact. XV — RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Sources: 1, 2, 3) b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Sources: 1, 2, 3) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation J 11 X X Parks and schools would not be impacted, as there are none in the area and no increase in population that would add to school attendance or park use would occur, thus no impact. 353 of 488 Initial Study - Page 15 of 19 XVI — TRANSPORTATION AND TRAFFIC Would the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non -motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? (Sources: 1, 2, 3) b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? (Sources: 1, 2, 3) c) R.esult in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (Sources: 1, 2, 3, 13) d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Sources: 1, 2, 3, 13) e) Result in inadequate emergency access? (Sources: 1, 2, 3) f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? (Sources: 1, 2, 3) Potentially Less Than Less Than No Significant Significant wl Significant Impact Impact Mitigation Impact Incorporation IJ ❑ X X L ❑ ❑ _ X ❑ ❑ X ❑ ❑ ❑ x There are no plans, ordinances, or policies that measure circulation system current effectiveness or performance, thus no impact. There is also no congestion management program that the project would conflict with. This segment of National City Blvd. (33td to SR-54) currently has an ADT (Average Daily Trip) rate 24,600 and a capacity of 40,000 ADT (LOS E). The segment operates at a current Level of Service (LOS) of C and is expected to operate at an LOS of D in 2035. A gas station with food mart and car wash with 16 pumps would generate 2,480 ADT, 620 of which would be passby trips. The street adjacent street segment is currently 22,220 ADT under capacity. A Traffic Impact Analysis was conducted by the applicant which found the following: Under current conditions, all study area street segments are calculated to operate at LOS C or better. Analysis of existing conditions with the addition of Project traffic shows that all study area segments are calculated to continue to operate at LOS C or better. Under current conditions during the peak hour, all study area intersections are calculated to operate at LOS D or better except the National City Boulevard / SR 54 westbound (WB) Off -Ramp intersection which is calculated to operate at LOS F during the AM peak hour. 354 of 488 Initial Study - Page 16 of 19 With full access at the National City Blvd./33rd Street intersection and the addition of Project traffic, the following intersections are calculated to operate at LOS F: • National City Boulevard / 33rd Street - The eastbound left (EBL) movement at this unsignalized intersection is calculated to operate at LOS F during the AM peak hour with the addition of project traffic. • National City Boulevard / SR 54 Off -Ramp - This signalized intersection is calculated to continue to operate at LOS F during the AM peak hour with the addition of project traffic. The peak hour intersection analysis indicates that the full access option provides the optimal access at the project driveway. If only right -in / right -out access is permitted at this driveway, all inbound traffic to the Shell Station from northbound (NB) National City Boulevard will need to turn left at 33rd Street, increasing the volume of traffic in this movement which already carries in excess of 400 vehicles during the AM peak hour. Based on the preceding analysis, there would be a direct impact to the National City Boulevard / 33rd Street intersection. Since the eastbound left -turn is the only movement calculated to operate poorly, the recommended mitigation measure is prohibiting the eastbound left -turn movement at this intersection. This can be achieved by providing a raised median through the intersection within National City Boulevard in the north / south direction. The median will restrict eastbound left turns from 33rd Street to northbound National City Boulevard but allow left -turns from northbound National City Boulevard to westbound left -turns to 33rd Street. This mitigation measures would mitigate project impacts to below a level of significance. Based on Caltrans criteria, freeway facilities to which the project adds 50-100 peak hour trips should be analyzed. The project is estimated to add less than 10 peak hour trips to the freeway segment of SR 54 east of National City, during either peak hour. Hence, a freeway mainline analysis is not warranted. Based on Caltrans criteria, metered on -ramps to which the project adds 20 or more peak hour trips should be analyzed. The project adds less than 10 peak hour trips to the eastbound SR 54 on ramp at the National City Boulevard. In addition, the eastbound SR 54 on ramp is not metered and there is no westbound SR 54 on - ramp. Hence analysis of metered freeway on -ramps is not warranted. No change in road design is proposed which would cause a safety risk or hinder emergency access. The project would not conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities, as there are no such activities* existing or planned in this area, thus no impact. *Metropolitan Transit System (MTS) Route 932 runs along National City Boulevard in this location, but does not turn at 33rd Street. XVII - UTILITIES AND SERVICE SYSTEMS Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (Sources: 1, 8) b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (Sources: 1, 8) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Niitigation Impact Incorporation 355 of 488 Initial Study - Page 17 of 19 c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (Sources: 1, 8) d) [lave sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (Sources: 1, 8) e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (Sources: 1, 8) t) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? (Sources: 1, 7) g) Comply with federal, state, and local statutes and regulations related to solid waste? (Sources: 1, 7) ❑ ❑ X ❑ C x X X The proposed project would be designed and constructed using Best Management Practices (BMPs) to appropriately handle wastewater and not exceed wastewater treatment requirements of the San Diego Regional Water Quality Control Board; therefore, there is no impact. The proposed project is located within an urbanized area and served by existing water facilities. There is an existing service lateral on site and Sweetwater Authority has indicated that additional infrastructure, as needed, can be provided. Also, all necessary improvements will be included with the project approval and construction will be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations; therefore, there would not be a significant adverse impact. The proposed project site would be served by EDCO, the local waste collection and recycle company. EDCO has a contract with the City to handle City residents' waste disposal and recycling needs. According to EDCO staff, the company utilizes several landfill sites for the disposal of waste collected in National City, with the most common being Otay Mesa, Sycamore, and Miramar Landfills, with an additional 12, 26 and 9 years of capacity remaining respectively; therefore, there is a less than significant impact. There are two other landfill sites in San Diego County — the Ramona landfill, which is full, and Borrego Springs landfill, which has an additional 30 years capacity remaining. In addition, the proposed project would comply with all federal, state, and local statues and regulations related to solid waste. XVIII — MANDATORY FINDINGS of SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? (Sources: 1) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation LI X 356 of 488 Initial Study - Page 18 of 19 b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? (Sources: 1) c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? (Sources: I) X ❑ ❑ Li x Discussion: No significant impacts to the environment as a result of this project have been identified. There is no habitat on site or nearby; the nearest residences are more than 250 feet away across an arterial street; and the property is changing from wrecked vehicle storage to a gasoline service station. Approval of the project is not expected to have any significant impacts, either long-term or short-term, nor will it cause substantial adverse effect on human beings, either directly or indirectly. REFERENCE SOURCES: Reference # Document Title 1 National City General Plan 2 City of National City. Municipal Code 3 Case File 2016-16 PD, CDP US Fish and Wildlife Wetland Mapper System California Department of Conservation Local Coastal Program California Integrated Waste Management Board 5 6 7 8 9 SANDAG trip generation by land use Comments received from Building, Engineering, and Fire Departments, and Sweetwater Authority Available for Review at: National City Planning Department 1243 National City Boulevard National City, CA 91950 http://www.nationalcityca.gov/ National City Planning Department National City Planning Department https://www.fws.gov/wetlands/d atnJmapper .htmi http://maps.conservation.ca.gov/ cgs/fain/ National City Planning Department http://www.ciwmb.ca.gov/ National City Planning Department www.sandag.org 357 of 488 Initial Study - Page 19 of 19 10 City of National City Final Climate Action Plan 11 Environmental Protection Agency 12 Phase I Environment Site Assessment 13 National City Shell Station Traffic Impact Analysis National City Planning Department https://www.epa.gov/energy/gree nhouse-gas-equivalencies- calculator National City Planning Department National City Planning Department 358 of 488 MITIGATION MONITORING & REPORTING PROGRAM 2016-16 PD, CDP, IS — 3200 National City Blvd. gas station SCH# 2016081039 MM.1 A Hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Department requirements. MM.2 The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. MM.3 The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SVVPPP will be required prior to issuing of a construction permit. MM.4 All surface run-off shall be treated with an approved Standard Urban Runoff Mitigation Plan (SUSMP) Best Management Practice (BMP) for all Priority SUSMP projects. No runoff will be permitted to flow over the sidewalk. Adjacent properties shall be protected from surface run-off resulting from this development. MM.5 The property owner, or its successors and assigns shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right-of-way. Sprinkler heads shall be adjusted so as to prevent overspray upon the public sidewalk or the street. The proposed sprinkler heads shall be installed behind the 359 of 488 sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner or, its successors or assigns, shall be remove and relocate all irrigation items from the public right-of- way at no cost to the City, and within a reasonabie time frame upon a written notification by the City Engineer. MM.6 A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the Grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. A check list for preparation of the grading plan/drainage plan is available at the Engineering Department. MM.7 The existing and proposed curb inlet on property shall be provided with a "No Dumping" signage in accordance with the NPDES program. MM.8 A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. it shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. Al! soils report findings and recommendations shalt be part of the Engineering Department requirements. MM_9 A hydromodification plan or a letter sealed and signed by the Engineer of Work explaining why the project is exempt from hydromodification requirements shall be submitted MM.10 The project will be required to obtain an operation permit from the San Diego County Air Pollution Control District (APCD), which will be subject to 360 of 488 MM.11 MM.12 MM.13 MM.14 MM.15 National Emission Standards for Hazardous Air Pollutants (NESHAP) and Air Toxic Control Measures (ATCM). If the project plans include discharging wastewater to a storm drain, the applicant may be required to obtain an NPDES (National Pollutant Discharge Elimination System) permit from the overseeing Regional Water Quality Control Board (RWQCB). If during construction/demolition of the project, soil and/or groundwater contamination is suspected, construction/demolition in the area should cease and appropriate health and safety procedures should be implemented. If it is determined that contaminated soil and/or groundwater exist, notify regulatory agency and obtain its oversight depending on the nature of contamination. If a Hazardous Materials Management Plan (HMMP) will be required for the construction phase of the project, the Authority requests that the HMMP include notification to the Authority via its 24-hour emergency telephone number at (619) 409-6800, as part of a spill response plan. The Authority also requests notification in the event of a post -construction surface spill or an underground storage tank leak on the premises. If a Hazardous Materials Business Plan and/or an emergency response plan for the proposed gas station will be required, the Authority requests that those documents include the Authority's 24-hour emergency telephone number as previously referenced. A raised median through the intersection within National City Boulevard in the north / south direction shall be constructed as part of the development. The median shall restrict eastbound left —turns from 33rd Street to northbound National City Boulevard but allow left -turns from northbound National City Boulevard to westbound left turns to 33rd Street. A sign should be placed at the 33rd Street driveway alerting outbound drivers that they should turn right to access 30th Street and northbound National City Boulevard. 361 of 488 Item no. 4 March 6, 2017 RESOLUTION NO. 2017-5 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, MAKING A FINDING OF NO SIGNIFICANT ENVIRONMENTAL EFFECT FOR A FOR A GAS STATION, CONVENIENCE STORE, AND AUTOMATIC CAR WASH TO BE LOCATED AT 3200 NATIONAL CITY BLVD. IN THE COASTAL ZONE AND AUTHORIZING THE FILING OF A NOTICE OF DETERMINATION. APPLICANT: BRYAN UNDERWOOD, CASTER PROPERTIES, INC. CASE FILE NO. 2016-16 IS APN: 562-330-42 WHEREAS, the Planning Commission of the City of National City, California, considered said certification at a duly advertised public hearing held on March 6, 2017, at which time the Planning Commission considered evidence; and, WHEREAS, at said public hearing the Planning Commission considered the staff report provided for Case File No. 2016-16 IS, 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 Planning Commission of the City of National City, California, that the evidence presented to the: Planning Commission at the public hearing held on March 6, 2017, support the following findings: 1. That the project does not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or anima! or eliminate important examples of the major periods of California history or prehistory. 2. That the project does not have impacts that are individually limited but cumulatively considerable. 3. That the project does not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. 362 of 488 Planning Commission Meeting of March 6, 2017 Page 2 4. That although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on the attached Mitigation Monitoring and Reporting Program have been added to the project. BE IT FURTHER RESOLVED that the Planning Commission has considered the proposed Negative Declaration No. 2016-16 IS, together with any comments received during the public review process, and finds on the basis of the whole record (including the Initial Study and any comments received) that there is no substantial evidence that the project will have a significant effect on the environment and that the Mitigation Negative Declaration reflects the City's independent judgment and analysis, and hereby approves the Mitigation Negative Declaration and authorizes the filing of a Notice of Determination. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of March 6, 2017, by the following vote: AYES: Bush, Baca, Yamane, Garcia, Sendt, Flores NAYS: None. ABSENT: Dela Paz ABSTAIN: one. CHAIRPERSON 363 of 488 Item no. 5 March 6, 2017 RESOLUTION NO. 2017-6 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A PLANNED DEVELOPMENT PERMIT AND COASTAL DEVELOPMENT PERMIT FOR A GAS STATION, CONVENIENCE STORE, AND AUTOMATIC CAR WASH TO BE LOCATED AT 3200 NATIONAL CITY BLVD. !N THE COASTAL ZONE. APPLICANT: BRYAN UNDERWOOD, CASTER PROPERTIES, INC. CASE FILE NO. 2016-16 PD, CDP APN: 562-330-42 WHEREAS, the Planning Commission of the City of National City considered a Planned Development Permit and Coastal Development Permit for a gas station, convenience store, and automatic car wash to be located at 3200 National City Blvd. in the Coastal Zone at a duly advertised public hearing held on March 6, 2017, 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, 2016-16 PD, CDP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on March 6, 2017, support the folio:^ring findings: 1. That the site for the proposed use is adequate in size and shape, because the 27,165 square -foot property is in excess of the 15,000 square feet required by Section 18.98 of the Municipal Code, and because all buildings and parking spaces can be installed to meet all setback and site design requirements. That the site has sufficient access, because the property has direct access to National City Blvd., an arterial street, and State Route 54, which can accommodate the additional 2,485 average daily trips (ADT) that would be generated by the project at an LOS of D or better with required mitigation. 364 of 488 Planning Commission Meeting of March 6, 2017 Page 2 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, because the project is a use consistent with the Light Manufacturing zone description in the General Plan and will be subject to conditions of approval (including specific mitigation measures) that ensure safe operation of the business and mitigate any potential impacts to below a level of significance. 4. That the proposed use is deemed essential and desirable to the public convenience, because the project will provide a service in need for local and regional drivers requiring automobile refueling and associated services, and because the use is consistent with the Light Manufacturing zone description, which is intended for uses near commercial areas, and permits low intensity, high quality industrial activities. 5. That the granting of this Planned Development Permit is consistent with and implements the Certified Local Coastal Program, because the project does not involve any land alterations and provides for a use on an existing industrially - zoned parcel in an area designated by the Local Coastal Program and the General Plan for service and industrial use. 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 gas station with a convenience store and automatic car wash. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, case file no. 2016-16 P ve, COP, IS, dated 6/20/2016. 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 Nationa! City Planning Department. 3. 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 Land Use Code. 4. Before this Planned Development and Coastal Development 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 365 of 488 Planning Commission Meeting of March 6, 2017 Page 3 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 Planned Development and Coastal Development Permit. The applicant shall also submit evidence to the satisfaction of the City Manager or designee 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 Planned Development and Coastal Development 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. Building 5. Plans submitted for improvements must comply with the current editions of the California Building, Electrical, Plumbing, Mechanical, and Fire Codes. Engineering 6. A Hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Department requirements. 7 The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storms Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 8. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 9. All surface run-off shall be treated with an approved Standard Urban Runoff Mitigation Plan (SUSMP) Best Management Practice (BMP) for all Priority SUSMP 366 of 488 Planning Commission Meeting of March 6, 2017 Page 4 projects. No runoff will be permitted to flow over the sidewalk. Adjacent properties shall be protected from surface run-off resulting from this development. 10. The property owner, or its successors and assigns shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right-of-vday. Sprinkler heads shall be adjusted so as to prevent overspray upon the public sidewalk or the street. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner or, its successors or assignsshall be remove and relocate a!! irrir action items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. 11. Metallic identification tape shall be placed between the bottom layer of the finished surface and the top of all irrigation lines in the public right-of-way. 12.A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. A check list for preparation of the grading planfdrainage plan is available at the Engineering Department. 1 3. The existing and proposed curb inlet on property shall be provided with a "No Dumping" signage in accordance with the NPDES program. 14.A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of- way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 15.A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural 367 of 488 Planning Commission Meeting of March 6, 2017 Page 5 sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. 16.AII existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall restore them after cornp!etinn of the work. A Comer Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the City of National City Engineering Department as soon as filed. 17.A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 18. Street improvements shall be in accordance with the City Standards. All missing street improvements shall be constructed. Abandoned driveway aprons shall be replaced with curb, gutter, and sidewalks. 19.A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 20.A1I electrical, telephone and similar distribution service wires for the new structure(s) shall be placed underground. 21-A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shaii be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actuai worked hours and consultant services. 22.A hydromodification plan or a letter sealed and signed by the Engineer of Work explaining why the project is exempt from hydromodification requirements shall be submitted. Fire 23. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC), National Fire Protection Association (NFPA), and California Code of Regulations (CCR). 368 of 488 Planning Commission Meeting of March 6, 2017 Page 6 24. Fire alarm and fire sprinkler coverage shall be evaluated and installed for the intended use per code. 25. Fire apparatus access roads shaii comply with the requirements of Section 5 CFC 2013 (or current version) and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. 266. The required width of emergency fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. All access roads shall be no less than 20 feet wide, no less than 14 feet high, and shall have an all- weather road with the ability to support 75 thousand pounds or greater. 27.Where a fire hydrant is located on a fire apparatus road, the minimum road width shall be 26 feet. A 28-foot turning radius is required for fire department access through site. All fire department access roads shall be painted and signed to prevent parking in these required designated emergency areas. 28.Grade of fire apparatus road shall be within the limits established (15% Grade) by the fire code official based on fire department's apparatus. Planning 29.A landscape and underground irrigation plan shall be submitted as part of the construction permitting process. 30. Business operations shall comply with Municipai Code Title 12 (Noise) at all times. 31. Plans submitted for construction shall conform to Lund Use Code Section 18.42.040 (Screening mechanical equipment and elevator housing) and 18.46 (Outdoor Lighting), and 0.99C (Sei vi a Stati %!ib). 32_ Plans submitted for construction permits shall show that a cover for all trash enclosures be provided. 33. The project will be required to obtain an operation permit from the San Diego County Air Pollution Control District (APCD), which will be subject to National Emission Standards for Hazardous Air Pollutants (NESHAP) and Air Toxic Control Measures (ATCM). 34. Violation of APCD licensingipermitting or any other state licensing department shall be a violation of this Conditional Use Permit. 35.Any pianned exterior propane tank shall be screened in compliance with Land Use Code Section 18.42.040. 369 of 488 Planning Commission Meeting of March 6, 2017 Page 7 36.A raised median through the intersection within National City Blvd. in the north / south direction shall be constructed as part of the development. The median shall restrict eastbound left —turns from 33rd Street to northbound National City Blvd. but allow left -turns from northbound National City Blvd. to westbound leftturns to 33rd Street. 37.A sign should be placed at the 33rd Street driveway alerting outbound drivers that they should turn right to access 30th Street and northbound National City Blvd.. 38.AII proposed business signage shall be in conformance with Land Use Code requirements. Department of Toxic Substance Control 39_ If the project plans include discharging wastewater to a storm drain, the applicant may be required to obtain an NPDES (National Pollutant Discharge Elimination System) permit from the overseeing Regional Water Quality Control Board (RWQCB). 40. If during construction/demolition of the project, soil and/or groundwater contamination is suspected, construction/demolition in the area should cease and appropriate health and safety procedures should be implemented. If it is determined that contaminated soil and/or groundwater exist, notify regulatory agency and obtain its oversight depending on the nature of contamination. Sweetwater Authority 41. The Owner will be required to plot the proposed water facilities, service laterals, and locations of backflow assemblies on site plans submitted for construction. Water facilities cannot be located within three (3) feet of the edge of driveway aprons, and a separation of ten (10) feet is required between sewer and water laterals. 42.Authority records indicate there is currentiy a I -inch writer service lateral with a 5/8- inch meter serving the project site. Based on the proposed facilities shown on the preliminary plans, the Owner will be subject to payment of Authority Capacity fee of $2,300 minimum per commercial unit. The Owner will also be subject to payment of the San Diego County Water Authority Capacity (SDCWA) charges dependent on the selected meter size(s). Current SDCWA charges can be found at www.sdcwa.org. The Owner shall further be responsible for all costs associated with the installation of proposed water service(s), including the installation of an 8-inch inline gate valve on 33rd Street or a 16-inch inline butterfly valve on National City Blvd., depending on which street is used for fire service, as required, and backflow prevention device(s) that meet current standards_ 370 of 488 Planning Commission Meeting of March 6, 2017 Page 8 43. Public water facilities shall be designed and installed in accordance with the current Sweetwater Authority Design Standards and the Standard Specifications for Construction of Water Facilities. 44.Once a building permit is obtained by the Owner, the Owner shall submit the approved signed plans from the City of National City to Sweetwater Authority. The approved submittal must include a site plan, floor plan, plumbing plan showing total fixture count, water demands in gallons per day, and a fire sprinkler plan (if applicable) so that water facilities can be verified. 45. Pursuant to the Authority's Rates and Rules and Policy for Water Service Application, the Owner must also request and submit a letter written to the Authority from the National City Fire Department indicating fire flow requirements for the proposed construction. When fire sprinklers are required, fire sprinkler plans and calculations shall also be submitted. Upon review of all submitted documents, the Authority will calculate costs and applicable fees required by the proposed construction. 46.If a Hazardous Materials Management Plan (HMMP) will be required for the construction phase of the project, the Authority requests that the HMMP include notification to the Authority via its 24-hour emergency telephone number at (619) 409-6800, as part of a spill response plan. The Authority also requests notification in the event of a post -construction surface spill or an underground storage tank leak on the premises. If a Hazardous Materials Business Plan and/or an emergency response plan for the proposed gas station will be required, the Authority requests that those documents include the Authority's 24-hour emergency telephone number as previously referenced. BE IT FURTHER RESOLVEC 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 March 6, 2017, by the following vote: 371 of 488 Planning Commission Meeting of March 6, 2017 Page 9 AYES: Bush, Baca, Yamane, Garcia, Sendt, Flores NAYS: None. ABSENT: Bela Paz None ABSTAIN: 1 372 of 488 I1 VICINfTY MAP PROJECT DIRECTORY PROJECT DATA DRAWINGS INDEX 000 P1.000010. PK 040Burnt 14 .Al5600.GMJAC00420 ANAPG AU% MOW0-7064 i11 00rA17•1014 RAf[ K 1 .00011111* 110. 11010071601401110001 700 TONPIE EMIR C011T, wll 160 614/M-06 1144 A000. GaL.CR.A 4202 60/24L-501 71A% ITTATE 0 071. INAR 1002serarrAvE, E.LAPTM770 a %RP NO SEE 4 -`ONE 1/010-4442 701d22-04/6 NN[ NATIONAL CITY SHELL 3200 NATIONAL CITY BLOB NATIONAL CITY, CA. D. q jR/APPI MAN CANTS= 19741.2RT00 P0. 4607 N0S610M SOME PLACE SAX 01E00 0ALF0101A 42120 MYA%NO0WIOOD (6141 267-6015 F114cf6171) 2614445 EMEr•LOMMEELL-MINaMPOLEMIEES KNIPE CRMImO. RQ �Q 0.%0700 R 70 1 2501001e0.1 FAK riTO 291-10n L 4331Ftt •re / NATIONAL CITY SIBL 9200 NATIONAL CITY BLVD. NATIOLAL urr, C.A. IMECI LIE L140 21165 SP. raw NART F100R AREA 2.9.20 611. GAM MASH FLOOR AREA LEIS Sr. CARMEN l001r. ROOM MD SA Sr. SYORAO! IN AJAR TOTAL HUED. AMA 44,71 $.r. L/r01d11.11. RATIO 6.16 Sr. / 1 0.7. CANOPY 930LG. AREA 3000 Sr. A 700100 OLTA 1010TIO TOTAL NEEDED 0 4 SPACE / 1000 SF. OF AETA6. AREA 2S20 SF. X 0.004 S.F. • 0 STD. SPACES 1 % f0 64A10JA102 I1 1 X 25 STANDARD 2 1 A 20 IWOICXPEP 2 IDTAL PASONO PRONGED 2194AO15 R R11L11N0 OLZr4PANCY moo MART N GAAx&H1 . 0A+ROr? 64 ! TYPE OF 03112101011311 F000 MART v D 0400 VO 11004 Tie MANLY I O._ GORY RIM n00 0 CJ0101070r 0210.11.Ar1O1 TN] 0006212 ACCON R61L47I00L 2012 CC. 00, CPC ANo ta, SCOPE OF WORK MN N310002 STATION / 1.0012MART / 0A1017H 5RAVINO TITLE 7E1 Cl 1`mf n 46 1IR ALAN !KA 07 PLAT AN 1PPILEEMANY 100.031 4.AlCKJVS ILIN .JVA.E2. 00.0 'I. KNOFT FUw N062VAO01. Ernient CASE FILE NO.: Po14 - /6 P4/ C,p 6 /2.0(2o lc rEamErikim ramie. _MIUK IZESS L- Jama668EmNi 9f7E 714 SWO (A A7TM Rim IG.4S3-7319 easzahclank 3 w NATICAWL OI!'RLftd y6IfOBf6LlIIP �E _hf6nOR1&071'gtuL .Im1R __ 174.1 ✓ 111! 04.3L}6 ,IALEa1� ENOR40* F25. RYe. mra �;I%d11'llfl'Q61L e125TNO.. 161 alter 373 of 488 SECTION AA. E0110 MAE REIM BE IBIS SEEM 0 111E 19 tat /7a MULL MOOR MIN 0100 a MEL1i LEGEND: FJOBDI 1MEBSI SEEM OES(',0PTIOI mow 00MIER OE ECE EanaE1 001 BERME MIDI IBM MO CMN BE/M BAN rl@ LAT BWM n NMI EAx0 ~MO MU OM RA P NIEMIX / PEET MAT PPOPosm IMMOMMAXIS Br�ecPIP71Bw MUM BEESWA % BMI WE4 CANN BMA (E19r O" rY Plc Val PEEL 0IR WM al Mt XJBOEE MM MOP r IERWRAT@ ECM WAN NE PA NATIONALCfY r XXI RAY OEM fr9 BOULEVARD %---41. NEM or ant MOW (MN MtA/A) ABBIY DIMES MAE 1 F' I , 11 11 SECTION B&B NW 13 RCM SITE ADORES3.: MO MOM OW CCULatl. M10SA 01T CA M000 LEGAL DESCRIPTION: P00lr01 LE WI 1E IA 13• IS LE SWAIM MOM PM lNT AU I OF I01A0,SME ASSESSORS PARCEL NO.: 9E-330-90 R tl .11 if RUE Si 31/ ..,14 ,:.. .,,,,,,,„_. ,,,,,„„E l ii, 1 .-- 1t -- •o m mWWII SOURCE OF TOPOGRAPHY: C••B dOEEMIS PC 7E01 11598111RIER EMIT. M AE 19 91® IMMXIS MIX M ON 97 MM mama MEANIE ILe0CAM WA CACCM M0.3W= NAM MIL X IME SYMBOL • ZEN M BENCH MARK: ore 0 MSOIIL OIY Ella Wilt =Wit MI MEET MO N91R AMEX S SM BBEEL E. AWL ROEE0 IEBOWECk lPA9 PY9 !!a0 E9• A-IM-$ DE1R791: *470 SITE AREA.: 9TMa I014* 1P - E40 AC LEAF MEN9E. E04 - 0i1 AC DISTURBED AREA: ICE901i - E711C PREPARED BY: NAME :.E *}NBIN 100 R - ADDRESB�TBJ1 IMBBIO% CENTER Ct. _aF Y1111 poi NIFBO CA gj0(0, PHONE W].,;..0,n1 PII_a.A PROJECT ADDRESS: MB NATIONAL MY USD NAE1'INAi CITY. CA 01000 PROJECTNAME_ 00011 NATIONAI Cr1Y SHEET TITLE : CTJIL SfWE PLAN JOB 10a:�8-06T DA7ll_e1.9_ 374 of 488 :L- Ei4RM • II WI \P . Q` I!: FE 27.00 ;. R Wa- 4, / • / / / 1 / / 1 1 0 1211 CONSTRUCTION NOTES: a C NOCORT Sin rwc (g) CONSTRUCT e- OMB J Q WISIRUCT C OAS 1 •/ / Q CONIMNCr 6WNIER t I ®mama IRA9H mouse IIMJ. FAST OF 1022 MOON © calm (ammo au. To ecau PREPARED 31 NAME; Jib S ENSINFERINC. INC ADDRESS • MO MISSION CENTER CT. SIE 1MK+112E2f] C• EVOR PHONE 1.10.110RI9..... PROJECT ADDRESS: NAN NATIO NJ I2 Y RI W NATONAI OTV CASINO PROJECT NAME *1T1 NAT•Y)L C _ SHEET TITt,; Jae No.;_J6-]61 DAIS. O6H6/16 CORM 6i1AIL: T . 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P CLwan W.im ICTN. •o!s - Im w sa. K COMM w n.w •«.r rAram .116ELLVIIBLIEWINKUL c .—.__ ..! MR. Asl�csst�AIx 380 of 488 116 1! • 21.5' • 9.5' 17 5' f►`vl0 SCALE I/4' 1'-O' R H / ✓- J 13.5' g©U ll A QLEV.a©& 13.5' \ / \ ,; \V/ 9.5' SCALE. I/4'•I'-O' 381 of 488 atria. M R-r __ or _IQ_ 382 of 488 CC/CDC-HA Agenda 3/21/2017 — Page 383 The following page(s) contain the backup material for Agenda Item: Notice of Decision — Planning Commission approval of a Conditional Use Permit for alcohol sales at a proposed restaurant to be located at 1302 National City Blvd. (Applicant: Dajani Hospitality, Inc.) (Case File 2016-32 CUP) (Planning) 383 of 488 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 21, 2017 +rENnA ITEM NO, ITEM TITLE: Notice of Decision — Planning Commission approval of a Conditional Use Permit for alcohol sales at a proposed restaurant to be located at 1302 National City Blvd. (Applicant: Dajani Hospitality, Inc.) (Case File 2016-32 CUP) PREPARED BY: Martin Reeder, AiCP DEPARTMENT: Planni PHONE: 619-336-4313 APPROVED BY: EXPLANATION: The property owner has applied for a Conditional Use Permit (CUP) to sell beer, wine, and distilled spirits at a new restaurant to be located at 1302 National City Blvd. The Abbey Catering & Event Design Company, which operates in various locations throughout San Diego County, would operate the restaurant. Requested alcohol sales hours would be from 6:00 a.m. to 1:30 a.m. daily. A Type 47 (On -Sale General) license is concurrently being processed with the California Department of Alcoholic Beverage Control (ABC). The Planning Commission conducted a public hearing on March 6, 2017 on the CUP. The Commissioners asked questions regarding business operations and hours of operation and voted to approve the CUP based on attached findings and subject to Conditions of Approval. The attached Planning Commission staff report describes the proposal in detail. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Not a project per the California Environmental Quality Act 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 tl COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Baca, Bush, Flores, Garcia Sendt Noes: Yamane Abstain: DelaPaz ATTACHMENTS: 1. Overhead 2. Planning Commission Staff Report 3. Resolution No. 2017-7 4. Reduced Plans 384 of 488 2016-32 CUP — 1302 National City Blvd, — Overhead 385 of 488 Title: Item no. 6 March 6, 2017 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT PUBLIC HEARING — CONDITIONAL USE PERMIT FOR ALCOHOL SALES AT A PROPOSED RESTAURANT TO BE LOCATED AT 1 302 NATIONAL CITY BOULEVARD. Case File No.: 2016-32 CUP Location: Southwest corner of National City Blvd. and Civic Center Dr. Assessor's Parcel No,: 560-014-10 Staff report by: Martin Reeder, AICP — Principal Planner Applicant: Dajani Hospitality Inc. Zoning designation: Development Zone 12A (Downtown Specific Plan) Adjacent land use/zoning: North: Police Station across Civic Center Dr. / DZ-16 East: City Hall across National City Blvd„/ DZ-16 South: Auto repair / DZ-12A West: Auto repair across alley / DZ-12B Environmental review: Not a project per the California Environmental Quality Act Staff recommendation: Approve 386 of 488 Planning Commission Meeting of March 6, 2017 Page 2 BACKGROUND The property owner has applied for a Conditional Use Permit (CUP) to sell beer, wine, and distilled spirits at a new restaurant to be located at 1302 National City Blvd. The Abbey Catering & Event Design Company, which operates in various locations throughout San Diego County, would operate the restaurant. Requested alcohol sales hours would be from 6:00 a.m. to 1:30 a.m. daily. A Type 47 (On -Sale General) license is concurrently being processed with the Caiifornia Department of Alcoholic Beverage Control (ABC). Site Characteristics The project site is an existing 5,000 square -foot commercial building on the southwest corner of National City Blvd. and Civic Center Dr. The property is in the Downtown Specific Plan Deveiopment Zone 12A, which allows for mid -rise multifamily residential, street -oriented retail, and office or hospitality uses. The building has been vacant for some time and was most recently a deli/restaurant. Proposed Use The building is undergoing tenant improvements to build a new kitchen, restaurant, and mezzanine. The applicant is proposing to sell beer, wine, and distilled spirits as part of the new restaurant. Plans show up to 200 seats in the restaurant. The applicant ultimately wants to operate a banquet/event facility at this location as well as the restaurant, although ABC regulations require a restaurant to be licensed and in operation for one year prior to applying for a caterer's permit (Type 58). Hours of operation for the restaurant wiii likely be 11:00 a.m. to 9:00 p.m. daily; however, hours will likely be expanded in the future. As such, the applicant is requesting hours of operation of 6:00 a.m. to 1:30 a.m. daily, the maximum permitted by the ABC. No live entertainment is proposed. In the event that the business wishes to function as a banquet/event facility, this CUP would need to be modified. Conditions of Approval reflect the applicant's request; however, staff recommends reduced hours at this time. At such time as the applicant modifies the CUP to allow banquet/event activities and/or live entertainment, extension of the hours of operation may be requested. 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 CUPs include expanded notification, a community meeting, and distance requirements. 387 of 488 Planning Commission Meeting of March 6, 2017 Page 3 Mailing — All property owners and occupants within a distance of 660 feet are required to be notified of a public hearing for alcohol -related CUP applications, as was done in this case; 236 people were notified by mail of this public hearing. Community Meeting — Pursuant to Section 18.30.050 (C), a community meeting was held Monday, November 14, 2016 at 5:30 p.m. at the subject property. The meeting advertisement is attached. According to the applicant, no community members were in attendance. 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 Kimball Elementary School, which is located approximately a third -mile away. Required findings The Municipal Code contains required findings for CUPs. There are six required findings: 1. The proposed use is allowable within the applicable zoning district pursuant to a CUP and complies with all other applicable provisions of the Land Use Code. The use is allowable within Development Zone 12A pursuant to a CUP, and the proposed use meets the required guidelines in the Land Use Code for alcohols 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 CUP, by the Land Use Code, which is consistent with the General Plan. A restaurant use is consistent within the Major Mixed - Use land use designation contained in the Land Use and Community Character (LU) section element of the General Plan, which is comparable to development zones in the Downtown Specific Plan. 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 388 of 488 Planning Commission Meeting of March 6, 2017 Page 4 addition, because the sale of alcohol would be accessory to the sale of food, no measurable increase in traffic is expected over what would be expected for a normal restaurant. 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. The surrounding area is mostly nonresidential in nature. The nearest homes are on the other side of the two businesses to the south. 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 (CEQA) The project is not considered a project under CEQA, as no development (other than interior tenant improvements) is proposed. There is rio calculable increase in traffic and no other impacts are anticipated; therefore, the project would not result in any physical changes to the environment. Department and Agency comments Alcohol Sales Concentration/Location — Per ABC, there are currently 10 other on -sale permits issued in this census tract (219). These permits are: Name I Address License Type* Aunt Emma's 214 National City Blvd. 41 Club 13 640 Civic Center Dr. 40 Stoney's Bar & Grill 108 W 25th St. 47 Papa Gallo Cafe 1930 Cleveland Ave. 41 The Waterfront Grill 3201 Marina Way. 47 Chipotle 404 Mile of Cars Way. 41 389 of 488 Planning Commission Meeting of March 6, 2017 Page 5 Goodies Bar & Grill 740 Bay Marina Dr. 47 Goody's Sushi & Grill 2424 Hoover Ave. 41 Clarion National City 700 National City Blvd, 47 Eagles Aerie 2712 1131 Roosevelt Ave. 51 * Type 40 — On -Sale Beer Type 41 — On -Sale Beer and Wine for Bona Fide Public Eating Place Type 47 — On -Sale General for Bona Fide Public Eating Place Type 51 — Club Eight of the other on -sale licenses are restaurants, one is a har, and the other a fraternal organization. Census tract 219 is comprised of the entire west side of the City from National City Blvd. to San Diego Bay. The attached census tract map shows the location of the subject tract. ABC recommends that a total of eight on -sale alcohol permits be issued in this census tract, where 10 exist. Although the census tract is over -concentrated, the licenses are distributed over a large geographic area. Police Department Consistent with recent policy, PD provided a Risk Assessment report on the property. The business received 12 points, which would indicate a low risk. The Risk Assessment is attached. The Risk Assessment allocates points based on the type of establishment (restaurant, market, bar, etc.), hours of operation, whether or not live entertainment is proposed, crime rate (generally), alcohol license concentration, calls for service, proximity to residential uses, and a background check of the business owner. There are three ranges that the business may fall into: 12 points or Tess (Low Risk), 13 to 18 points (Medium Risk), and 19 to 14 points (High Risk). Institute for Public Strategies (IPS) As of the writing of this report, no comments have been received from IPS. Typical recommendations are for ownership, management, and staff training in Responsible Beverage Sales and Service (covered under condition no. 9). 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, Responsible Beverage Sales & Service training, etc.). 390 of 488 Planning Commission Meeting of March 6, 2017 Page 6 Summary The proposed use is consistent with the General Plan because alcohol sales for on -site consumption are a conditionally -allowed use in Development Zone 12A of the Downtown Specific Plan. The proposed use would be accessory to a proposed restaurant use in a mostly 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 2016-32 CUP subject to. the attached conditions, and based on attached findings or other findings as determined by the Planning Commission; or 2. Deny 2016-32 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. Site Photos 5. Department and Agency Comments 6. Census Tract Map 7. Public Hearing Notice (Sent to 236 property owners and occupants) 8. Community meeting; advertisement 9. Applicant's Plans (Exhibits A, Case File No. 2016-32 CUP, dated 11/8/2016) MARTIN REEDER, AICP Principal Planner BRAD RAULSTON Deputy City Manager 391 of 488 Planning Commission Meeting of March 6, 2017 Page 7 RECOMMENDED FINDINGS FOR APPROVAL 2016-32 CUP — 1302 National City Blvd. 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 Development Zone 12A of the Downtown Specific Plan and the proposed use meets the required guidelines in the Land Use Code for alcohols 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 restaurant use is consistent with the Major Mixed -Use land use designation contained in the Land Use and Community Character (LU) section element of the General Plan, which is comparable to development zones in the Downtown Specific Plan. 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. 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 over what would be expected for a normal restaurant. 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 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, because the surrounding area is mostly nonresidential in nature and the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. 392 of 488 Planning Commission Meeting of March 6, 2017 Page 8 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. 393 of 488 Planning Commission Meeting of March 6, 2017 Page 9 RECOMMENDED CONDITIONS OF APPROVAL 2016-32 CUP 1302 National City Blvd. General 1. This Conditional Use Permit authorizes the sale of beer, wine, and distilled spirits at a restaurant to be located at 1302 National City Blvd. Plans submitted for permits associated with this project shaii conform to Exhibit A, case file no. 2016-32 CUP, dated 11/8/2016. 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. 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. 4. This permit shall expire if the use authorized by this resoiution 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. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. Building 6. 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 2016 editions. Fire 7. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA). Planning 8. Any change in license type with the Department of Alcoholic Beverage Control (ABC) shall require modification of this Conditional Use Permit. 394 of 488 Planning Commission Meeting of March 6, 2017 Page 10 9. 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. 10.The sale of alcoholic beverages shall be permitted only between the hours of 6:00 a.m. and 1:30 a.m. 11.The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 12.Aicohol shall be available only in conjunction with the purchase of food. 13.AII activities shall comply with the limitations contained in Table III of Title 12 (Noise Control) of the National City Municipal Code. 14. No live entertainment shall be permitted without modification of this CUP. 395 of 488 2016-32 CUP — 1302 National City Blvd, — Site Photos Looking southwest from Civic Center Dr. and National City Blvd. Looking west from Civic Center Dr. and National City Blvd. 396 of 488 NATIONAL CITY POLICE DEPARTMENT ALCOHOL BEVERAGE CONTROL RISK ASSESSMENT DATE: 02/27/2017 BUSINESS NAME: Abbey Catering & Event Design Company ADDRESS: 1302 National City Blvd, National City, CA 91950 OWNERNAME:Zapher Dajani DOB: 03/11/1968 OWNER ADDRESS: 637 W. Pennsylvania Ave, San Diego, CA 92103 (add additional owners on page 2) I. Type of Business Restaurant (1 pt) Market (2 pts) Bar/Night Club (3 pts) J Tasting Room (Ipt) II. Hours of Operation Daytime hours (1 pt) Close by 11pm (2 pts) Close after 1lpm (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) J High (3 pts) V. Alcohol Businesses per Census Tract Below (1 pt) Average (2 pts) 1 Above (3 pts) Notes: Banquet Hall Revised: 8/16 397 of 488 National City Police Department 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) ABC Risk Assessment Low Risk ( 12pts or less) Medium Risk (13 — 18pts) High Risk (19 — 24pts) Total Points 12.. OWNER NAME: DOB: OWNER ADDRESS: OWNER NAME: DOB: OWNER ADDRESS: Recommendation: Completed by: Sergeant Shepherd Revised: 8/16 Badge ID: 402 2 of 398 of 488 August 25, 2014 ® CensusTracts 2010 1:45,467 3 0.375 0.75 1.5 mi 1 1 i, I t 0 0.5 1 2krn Secures: Esri, HERE, CeLonne, TomTcm, Intermap, Increment P Corp., GEBCO, USGS, FAQ PPS, N2CAN, GeoBase, 1GN, Kadaster N., Ordnance Strvey, Esri Japan, MET!, Esri China (Horg Kong), swisstepq Mapmytndia, @ OpenStreedeap contributors, and the GIS UserComnunity 399 of 488 18-8 nry 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 PROPOSED BANQUET HALL TO BE LOCATED AT 1302 NATIONAL CITY BOULEVARD. CASE FILE NO.: 2016-32 CUP APN: 560-014-10 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, March 6, 2017, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Dajani Hospitality Inc.) The applicant is proposing to sell beer and wine at a new restaurant within an existing 5,000 square -foot commercial building. 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., March 0, 2017 by the Planning Department, who can be contacted at 619-336-4310 or planningc nationalcitvca.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 CIT PLANNING DEPARTMENT BRAD RAULSTON Deputy City Manager 400 of 488 The Abbey Catering and Event Design 1302 National City Blvd National City, CA 91950 November 1, 2016 Re: Community Meeting Dear National City Community Member: I am writing to inform you about a community meeting that will be held Monday November 14, 2016 at 5:30 PM at 1302 National City Blvd., National City, CA 91950. The purpose this meeting is to inform the community of our intention to obtain a California Alcohol Beverage Control license to serve alcoholic beverages on the premises of 1302 National City Blvd. We will be available to discuss our intended use of the property and address any community questions or concerns bet 5:30 and 6:30 PM. We hope to see you there. Zaphe gPajani The Ab'•ey Catering and Event Design 401 of 488 Item no. 7 March 6, 2017 RESOLUTION NO. 2017-7 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR ALCOHOL SALES AT A PROPOSED RESTAURANT TO BE LOCATED AT 1302 NATIONAL CITY BLVD. CASE FILE NO. 2016-32 CIJP APN: 560-014-10 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for alcohol sales at a proposed restaurant to be located at 1302 National City Blvd. at a duly advertised public hearing held on March 6, 2017, 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. 2016-32 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on March 6, 2017, 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 Development Zone 12A of the Downtown Specific Plan and the proposed use meets the required guidelines in the Land Use Code for alcohols 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 402 of 488 Planning Commission Meeting of March 6, 2017 Page 2 restaurant use is consistent with the Major Mixed -Use land use designation contained in the Land Use and Community Character (LU) section element of the General Plan, which is comparable to development zones in the Downtown Specific Plan. 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. The proposal involves an existing commercial space, which was already analyzed for traffic impacts when it was constructed. in addition, because the sale of aicohoi would be accessory to the sale of food, no measurable increase in traffic is expected over what would be expected for a normal restaurant. 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 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, because the surrounding area is mostly nonresidential in nature and 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 01 iality Art because it has peen deterrnineri that the propnced 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. 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 sale of been wine, and distilled spirits at a restaurant to be located at 1302 National City Blvd. Plans submitted for permits associated with this project shall conform to Exhibit A, case file no. 2016-32 CUP, dated 11 /8/2016. 403 of 488 Planning Commission Meeting of March 6, 2017 Page 3 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 Conditionai Use Permit are binding on ail 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. 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. 4. 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. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. Building 6. 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 2016 editions. Fire 7. Plans submitted for improvements must cornply with the current editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA). Planning 8. Any change in license type with the Department of Alcoholic Beverage Control (ABC) shall require modification of this Conditional Use Permit. 9. 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. 10.The sale of alcoholic beverages shall be permitted only between the hours of 6:00 a.m. and 1:30 a.m. 404 of 488 Planning Commission Meeting of March 6, 2017 Page 4 11. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be their a s 2 that •� t of t_ t_ r t not the y in a Heir judgment to verify that the sale alcohol does exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 12.Alcohol shall be available only in conjunction with the purchase of food. 13.Aii activities shall comply with the limitations contained in Table III of Title 12 (Noise Control) of the National City Municipal Code. 14. No live entertainment shall be permitted without modification of this CUP. 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 March 6, 2017, by the following vote: AYES: Bush, Baca, Garcia, Sendt, Flores NAYS: Yamane ABSENT: None. ABSTAIN: Dela Paz 405 of 488 uoneture finWM'. 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FWPARE r0 PATON AM RECONE 07147 SIOAM ALL IT M C00 9NW�Y10 ® RE. EA}}0 Ie q1 011 (E) 001E 10 11.V YD PREPARE 001E0 0 SLAB 10 REODE CLASS NOLL-UP COOT (M. ER TO RAYS a ELEVATORS IN MR NET_ WE NOL-UP COON LOCATION END 01E190X4 OOOR AND PRPN T) Ror REEM. MAWTo . :MOLL FOR A.M000 AM LEA. L7 • C1.Ey aYBmi:la) If probROI number 068-1014141 deb issued 01.05.15 8101AI by T6T111ORS mM n515 eb.& OEIOUT10N PLAN. ELEVATIONS. NOTES. & LEGEND a ■ . Q 408 of 488 CC/CDC-HA Agenda 3/21/2017 — Page 409 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit — The 9th Annual Campagnolo GranFondo San Diego sponsored by GranFondo Cycling Tours on April 9, 2017 from 7:15 a.m. to 5 p.m. with no waiver of fees. (Neighborhood Services) 409 of 488 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 21, 2017 AGENDA ITEM NO. ITEM TITLE: Temporary Use Permit — The 9fh Annual Campagnolo GranFondo San Diego sponsored by GranFondo Cycling Tours on April 9, 2017 from 7:15 a.m. to 5 p.m. with no waiver of fees. PREPARED BY: :Dionisia Trejo PHONE: j 619) 336-4255: EXPLANATION: is a request from GranFondo Cycling Tours to conduct The 9"' Annual Campagnoio Gra' ondo San Diego bike ride through San Diego County on April 9, 2017 from 7:15 a.m. to 5 p.m. The event starts in Little Italy, downtown San Diego and finishes at Ruocco Park. 1,400 participants are expected for this event. Three routes will be offered a 34 mile short course, 56 mile intermediate and 105 mile long course. OUTBOUND - The course begins in Downtown San Diego under the Little Italy sign and proceeds around to Pacific Hwy and then south to Harbor Drive on which it stays until it exits San Diego. It enters National City at Civic Center Drive, turning right onto Civic Center and then following Tidelands Avenue until it turns left onto Bay Marina. It continues east on Bay Marina/Mile of Cars Way until it reaches National City Blvd where riders will turn right going southbound. Riders will continue southbound on NCB turning eastbound at E. 30th Street and proceeding east on 30th1Sweetwater Road until reaching Plaza Bonita Road. Riders will then ride southbound on Plaza Bonita Road leaving National City jurisdiction. From its start in Little Italy, up to National City Blvd. and E. 30th Street, all intersections will be monitored by Co's traffic control. DEPARTMENT: Neigh rvicgs Department APPROVED BY: Note: This event has been approved by City Council for prior years with no waiver of fees. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS City fee of $237.00 for processing the TUP through various City departments, plus $300.68 for Police Department. Total fees: $537.68 ENVIRONMENTAL REVIEW: NIA ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: [[[Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees or in accordance to City Council Policy 802. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. L 410 of 488 T ype•of Event Fair/Festival ❑ TUP City of National City a Neighborhood Services Department 1243 National City Boulevard a National City, CA 91950 (619) 336-4364 • fax (619) 336-4217 www.nationalcityca.gov Special Event Application ❑ Parade/March 1 Walk or Run ❑ concer'u'Per`ormanc* g Sporting Event ❑ Other (specify) ty c -t A! c _Ev_e_nt.Narne_8, Location. Event Tree 9th annual Granfondo San Diego fun bike ride Event Location (Eat all sites being requested) See attached Event Times Set -Up Starts Date 419117 Time 6:00 am Day of Week Sunday Event Starts 7:15 am Sunda Date 4/9/17 Time Day of Week y Event Ends 5:O0 PM Sunda Date 4/9/17 Time Day of Week y Breakdown Ends Date Time Day of Week Applicant 6nformatio.n RECstir n Tobias Panek GranFondr, Applicant (Your name} Sponsoring Organization Cycling Tours Event Coordinator (if different from applicant) Mailing Address 9939 Albert St #105, San Diego CA 92131 Day Phone t56268-1 After Hours Phone Cell Fax Public Information Phone same E-mail tobias@gitaurs.00m Applicant agrees to investigate, defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and all loss, damage, liability, claims, demands, detriments, costs, charges, expense (including attomey's fees) and causes of action of any character which the City, its officers, employees and agents may incur, sustain or be subjected to on account of loss or damage to property or the loss of use thereof and for bodily injury to or death of any persons (including but not limited to the employees, subcontractors, agents and invitees of each party hereto) arising out of or in any way connected to the occupancy, enjoyment and use of any City premises under this agreement to the extent permitted by law. Applicant understands this TUP/special event may implicate fees For City services, which will have to be paid in the City's Finance Department 48 hours prior to the event set-up. The undersigned also understands and accepts the City's refund policy for application processing and facility use and that fees and charges are adjusted annually and are subject to change. Signature ofG l P�._ g Applicant: Date ' - -f 7 411 of 488 Special Event Application (continued) Please complete the foliowing sections with as much detail as possible since fees and requirements are based on the information you provide us. FeesfProceedsfReportinc is your organization a "Tax Exempt, nonprofit" organization? Yes ❑ No IN Are admission, entry, vendor or participant fees required? Yes It No ❑ If YES, please explain the purpose and provide amount (s): event. Estimated Gross Receipts including ticket, product and sponsorship sales from this $ Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Description of Event ❑ First tirrie event Returning Event El include site map with application Note that this description may be published in our City Public Special Events Calendar: Estimated Attendance Anticipated # of Participants: 1400 Anticipated # of Spectators: 0 2 412 of 488 -Traffic-ontro_I;_ae_r.it".. E.irst id`aiicl.:.AccessibiIit Requesting to close street(s) to vehicular traffic? Yes In No ❑ List any streets requiring closure as a result of the event (provide ma P)�Fiarl�r Dr and Sth st p Icc crc. 1 8 ''. c'ee- <to S -op ` 1- c r Date and time of street closure: 6:3fl p,M Date and time of street reopening: 8:00 ❑ Other (explain) Requesting to post "no parking" notices? Yes j No1 ❑ Requested "No Parking" on city streets and/or parking lots (list streets/parking lots) (provide map): ❑ Other (explain) Security and Crowd Control Depending on the number of participants, your event may require Police services. Please describe your procedures for both Crowd Control and internal Security: N/A Have you hired Professional Security to handle security arrangements for this event? Yes 0 No E If YES, name and address of Security O. garuzation Security Director (Name): Phone: if using the services of a professional security firm AND the event MI occur on City property, please provide a copy of its insurance certificate, evidencing liability with hinds of at least $1 Million dollars per occurancef$2 Mdlon dollars aggregate, as wef as and additional insured endorsement naming the City of National City, its officers, employees, and agents as additional insureds. Evidence of insurance must be provided by the vendor or its insurer to the Gilts Risk Manager for review and approval prior to the event. Is this a night event? Yes ❑ No ® if YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: _ 3 413 of 488 First Aid Depending on the number of participants, your event may require specific First Aid services. First aid station to be staffed by event staff? Yes 0 No ❑ First aid/CPR certified? Yes❑ No ❑ DIFirst aid station to be staffed by professional company. ► Company Rural Metro Accessibilit Please describe your Accessibility Plan for access at your event by individuals with disabilities: Elements of our Event Setting up a stage? Yes ❑ No 1=1 ❑ Requesting City's PA system ❑ Requesting City Stage; if yes, which size? 0 Dimensions (13)(28) ❑ Dimensions (211x28) ❑ Applicant providing own stage (Dimensions) Setting up canopies or tents? # of canopies size # of tents size O No canopies/tents being set up Setting up tables and chairs? ❑ Furnished by Applicant or Contractor # of tables ■❑ No tables being set up # of chairs ■❑ No chairs being set up (For City Use Only) Sponsored Events — Does not apply to co -sponsored events # of tables ❑ No tables being set up # of chairs ❑ No chairs being set up Contractor Name Contractor Contact information Address CitylState Phone Number 4 414 of 488 Setting up other equipment? ❑ Sporting Equipment (explain) O Other (explain) ❑ Not setting up any equipment listed above at event Having amplified sound and/or music? Yes [} No III ❑ PA System for announcements 0 CD player or DJ music ❑ Live Music ! ❑ Small 4-5 piece live band ! ❑ Large 6+ piece live band ❑ Other (explain) !f using live music or a DJ. ! Contractor Name Address Cky/State Phone Number Using lighting equipment at your event? Yes ❑ No ❑ Bringing in own lighting equipment ❑ Using professional fighting company ! Company Narne Address City/State Using electrical power? Yes ❑ Non ❑ Using on -site electricity ❑ Bringing In generator(s) ❑ For sound and/or lighting ❑ For sound and/or lighting Phone Number ❑ For food and/or refrigeration ❑ For food and/or refrigeration r-Ir:1-#ofr at-iur PLEASE NOTE: You may be required to apply fora temporary health.permit if food or beverages am aold uf given away daring your sperm event. Alsoaeo 'Panuita and Compliance' on page 8 in the Special Event Guide, For additional information on obtaining a temporary health permit, please contact the County of San Diego Environmental Health at (61t) 338-2363. Having food and non-alcoholic beverages at your event? Yes ❑ Nod] ❑ Vendors preparing food on -site I► # ! Business License # If yes, please describe how food will be served and/or prepared: If you intend to cook food in the event area please specify the method: ❑ GAS ❑ ELECTRIC ❑ CHARCOAL ❑ OTHER (Specify): ❑ Vendors bringing pre -packaged food ! # ! Business License # ❑ Vendors bringing bottled, non-alcoholic beverages (i.e., bottled water, can soda, etc.) ! # ❑ Vendors selling food # ! Business License #(s) ❑ Vendors selling merchandise # ► Business License #(s) 5 415 of 488 ❑ Food/beverages to be handled by organization; no outside vendors ❑ Vendors selling services # P. Business License #(s) ► Explain services ❑ Vendors passing out information only (no business license needed) # ► Explain type(s) of information ❑ No selling or informational vendors at event Having children activities? Yes ❑ Non PLEASE NOTE: In the event inflatable jumps are provided at the event, The City of National City requires commercial liability insurance with limits of at least $1 Minion dollars per occurrence/$2 Million dollars aggregate. In addition, the City of National City must be named as an Additional insured pursuant to a separate endorsement, which shall be Provided by The vendor or its insurer to the City's Risk Manager, along with the Certificate of insurance, for approval prior to the event. The application should be filed out at least one week prior to the event. There is a $25 fee to process the permit application. For questions or to obtain a copy of the "Facility Use Application'_ please contact the Engineering/Public Works Department at (619) 336-4580. ❑ Inflatable bouncer house # [] Rock climbing wall Height ❑ Inflatable bouncer slide # ❑ Arts & crafts (i.e., craft making, face painting, etc.) ❑ Other Having fireworks or aerial display? Yes ❑ No ❑ Vendor name and license # Dimensions Duration Number of shells Max. size PLEASE NOTE: In the event fireworks or anotheraerial display is planned for your event, The City of National City requires commercial liability insurance with limits of at least $2 Million dollars per . occurrence/ $4 Million dollars aggregate, In addition, the City of National City must be named as an Additional insured pursuant to a separate endorsement, which shall be provided by the vendor or its insurer to the City's Risk Manager, along with the Certificate of Insurance, for approval prior to the event. Depending on the size andior nature of the fireworks display, the City reserves the right to request higher liability limits. The vendor must also obtain a fireworks permit from the National' City Fire Department and the cost is $502.00 Arranging for media coverage? Yes ❑ Non ❑ Yes, but media will not require special set-up Cj Yes, media will require special set-up. Describe 6 416 of 488 Event Signage PLEASE NOTE: For City sponsored or co -sponsored events,. banners. publicizing *re event may be placed on the existing poles on the 1800 block and 3'00 blockd#National Ca`r Boulevard. The banners. must be made to the City's specifications, Please refer to the City's Special Event Ouidebook and Fee Schedule for addillonal information. Are you planning to have signage at your event? Yes 0 No 0 ❑i Yes, we will post signage # ❑ Yes, having inflatable signage # ❑ Yes, we will have banners # ri What will signs/banners say? Dimensions ► (complete Inflatable Signage Request form) ❑ How will signs/banners be anchored or mounted? EZEMEEDIEM PLEASE NOTE: One toilet for every 250 people is required, unless the applicant can show that there are sufficient ent faces in the immediate area available to the public during the event Are you planning to provide portable restrooms at the event? Yes ❑ No if yes, please identify the following: ► Total number of portable toilets: ► Total number of ADA accessible portable toilets: D Contracting with portable toilet vendor. ► Company Phone ► Load -in Day & Time 1 Load -out Day & Time ❑ Portable toilets to be serviced. ► Tirne t EEp Breakdown, Clean-up Setting up the day before the event? ❑ Yes, will set up the day before the event. ► # of set-up day(s) 21 No, set-up will occur on the event day Requesting vehicle access onto the turf? ❑ Yes, requesting access onto turf for set-up and breakdown (complete attached Vehicle Access Request form) Ci No, vehicles will load/unload from nearby street or parking lot. 7 417 of 488 ❑ City to install litter fence ❑ Applicant to install litter fence JJ N/A Breaking down set-up the day after the event? ❑ Yes, breakdown will be the day after the event. ► # of breakdown day(s) 111 No, breakdown will occur on the event day. How are you handling clean-up? ❑ Using City crews Using volunteer clean-up crew during and after event. ❑ Using professional cleaning company during and after event. Miscellaneous Please list anything important about your event not already asked on this application: Please make a copy of this application for your records. We do not provide copies.. 8 418 of 488 cutreairta.--¢ NATIONAL 1. Special Event information Special Events Pre -Event Storm Water Compliance Checklist Name of Special Event: GranFondo San Diego Event Address: www•sdgranfondo.corn Emoted # of Attendees: 1400 Event Host/coordinator: Tobias Panek Phone Number. 858-268'1250 Ii. Storm Water Best Management Practices (BMPS) Review Y YES NO N/A Will enough trash cans provided for the event? Provide number of trash inns: V i C,'''' Will enough recycling bins provided for the event? Provide number of recycle bins: V7 Will all portable toilets have secondary containment trays? (exceptions for ADA compliant portable toilets) � / V Do all storm drains have salter* to teanpowliy protect trash and debris from entering? / j! Are spill deanup kits readdy available at designated spots? * A Post -Event Sturm Waiter Compliance Checkli%t sain be completed by City Staid 9 419 of 488 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. The insurance company issuing the insurance policy must have a A.M. Bests Guide Rating of A:VII and that the insurance company is a California admitted company; if not, then the insurance policy to the issuance of the permit for the event, The Certificate Holder must reflect: City of National City Risk Management Department 1243 National City Boulevard National City, CA 91950 Organization: GranFondo Cyding Tours inc Person in Charge of Activity: Tobias Paneic Address: 9939 Hibert St #105, San Diego CA 92131 Telephone: 858-26a-1250 Date(s) of Use: 419/17 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant: Va4 Official Title: Pred' � — Date: a - Sr'r 7 Fot Office Use Only Certificate of Insurance Approved Date 10 420 of 488 CYCLING TOURS Feb 8, 2017 r)ioia Trejo City of National City 619-336-4255 D Trej o @nationalcityca. g ov Dear Dionisia: I have enclosed the permit application for the 9th annual GranFondo San Diego fun bike ride scheduled for Si'ndny, April 9, 2017. There will be no changes from last year. We will require 1 officer stationed at Harbor Dr and 8111 st for traffic control from 6:30 to 8:15 to assist riders through the light. There is a road closure on the #2 lane of Harbor Drive for the cyclists to have the right of way till they reach the Right Turn onto Civic Center dr. At this point the ride is all rules of the road. This ride is a charity fundraiser for the Challenged Athletes Foundation. Last year we donated 100% of the proceeds of the ride to the charity and raised over $25,000 for our injured Military. Again, on behalf of all the riders, we tlignic the City for its cooperation and support of this great event. Respectfully, Tobias Panek Ride Director 421 of 488 Gran Fondo Route Turn -by -Turn Campag 'IOiO GranFondu San Diego Turn by Turn Gran Fondo Route 102 miles Mlle Next Turn 18 tr i 14 �-i 10 mph Turn 0.0 ' 0.2 7:15 AM, 7:15 AM' 7:15 AM Head. north_Qn India S_t toward W Fir St________ 0.2 _ 0.1 r 7:15 AM ' 7:15 AM ' 7:16 AM Turn l_ett_onto• W Hawthorn St �. _ 6.3 i.0 7:10 AKI 7:15AM ?7.16 AM - :'Turnleft onto Racific k-iwT 1.3 4.7 7:119-AM s ^7:20AM 7:22 AM_j Tum left onto W Harbor Dr 6.0 0.2 7:35 AM_ : 7:40 AM.,. ' 7:51 AM Turn right onto Civic Center Dr _ _ _. _ -. _ 6.2 0.6 7:$5 AM^ 7:41 AIVI. 7:52 AM South opt Tidelands Ave 6.8 ! {}.8 • 7:37 AM .7:44AM 7 55 A +1 ,Turn left aht'o Bay_ilarina Dr� _ T.:____ _ _ 7.6 ' 0.4� 7:40 AM 'R 7:47 AM�'"8:0_0 AM jTurn right an_ to National_Citr SNd '8.0•• _.. 2.0 • r ^ 7:41�AM , r7:49 AM' _ 8:03AMv t Left onto E 30 h S:t LSTART RULES OF ROADI 19,0 1.3 �7:48 AM i 7:57 AM. ' 8:15 AM� : Tum right auto Plaza Bonita Rd JREST STOP] 11.3• 1.9 _ 7:52 AM 8:f}3 AM '_ 8:22 AM Tum left an d Banita Rci` _ .w. _ ._.. 13.2 . 3.D �7:59 AM t3:1'M�AA 8:34 Alvl_=Tt i�it onto ota Lakes Rd .._ 16.2 1.0 8:09 TMAM t3:24 AM` _ �8:52 AM ` Continue onto La Media Rd" 97.2 _.3.3 ' _8:12 AM V8_:28 AM �- 8:58 AM awn lefkcarita {31 m c PIS__. _ 20.7 R Q.7 8:24 ANt - _8:43 AM ' ..9:19 Ai = Ri t onto 1Nueste _ 21..4 + " 6.6' ▪ ' 8:26� AM.1 8:46 Alyt 9:23 AM Tum ri t ontoOtay Lakes Rd 28.0 TM T _ 2.2 • 8:48 AMF : �:15 AM "3 -A-FA) 5'6 P1c,[ --e STt�P�_ . _- . v....._ ._ 30.2 . 0.2 8:55 AM- : 9:24 AM_ ' 10:16 AM :Turn left onto CA-94 _ 30.4 : _ 7.7 8:56 AM. �_ 9:2 AM� 1 D:1 � AM Turn, right onto Honed S rings Rd......_ . .. 38.'t 7.8 9:22 AM 9:8 AM 1 '1:03 AM Tum ngl�t o�nbo Leans Valle Rd�� w 45,9 ' _ 7.0 9:48 A_ M_ 10 31 AM_ 11• :5O AM Tum left onto .l tulRdLREST STQP�.___ . _� _. R _ 52.9 4.8_ '10:11 AM ? 1 t01 AM 12:32 PM Slight leftorttoDehesa Rd_ __ . 57.7 3.2 10:27 AM 11:22 AM 1 PM 'Tum left to s1a r on Defiesp Rd _M __ _ .-- • 60.9 • _4.2� 10:38 A_Ni 11:35 AM : 1:2Q PMTTum Left onto W1UowGten Dr S_i •l1.5_ . 1Q:2 AM 1:54 -AM _14a Pint,,Tum left onio Steele Caron Rd .�,66.6 . 7.3 .'10:57„AM .12:00 PM f�.9:f54 PIUI T Turn rig onto Carr o Rid F3.9 8.9 11:21 AM : 12 31 PM �2:38 PM `T am right ar o Lakes Rd EST STpPjw.. 82.8 0.7 _ _ . 11:51 AM_ 1:09 Phi . _ 3:9 PM um ..„. a strsi ht ors C?a ai�es Rd 83.6 ; ..1.6 11:53 AM 1;12_P_M 3:36�Ply' �tTum rightonto_Hunts P4twy m_ _ _ 84.7 .. 1.t1_' �11':57 AM ; 1:18 PM I ▪ �3:43 PM Left onto Proctor valley Rd �... .. �85.7 1.2 - 112:b0 PMVi ; 1:22 PM ` 3:49 PMVI JTum right onto Mountain Ivfi�uel Rd __...�......... 87.7�•0.6 ' 12:07 PM .f.1:30 PM ; 4ti1 PM FRi hk on Proctor Vale d �_ ..�_......_ ...�.. . 88.3"J. _ 'I.5 _w..^12:09 F'Ni. 1:33 PiVI. L 4:ti4Pir iLett ar�to San_11Ai uel Rd ....._ ._ 89.8 ' 0.1 12;14 PMI i 1:39 PMI4:.13 PM > Rilit onto Caritral Ave A _ .. _ .... _ 7. 89.9 1.3 �12:14 PNM 1:4b PM�'� _4:14_PM _'Left onto Sweet -rater Rd _ ...._w 91.2 �1 A •� 12:19 PM x` 1:45 PM ' 4 22 PM Right at V1f Ilow st, ., on Sweetwater d T 92.6 0.2-12:23 PM ; 1:51 PM 4:30 PM ; Left ontoReza Bonita Rd � _ - p 92.8 . Aw 2.7 12.24 F'A_A �1:52 P.; ' 4:31 ly1 Right onto bike path iREST STOPS _ _. 95.5 D.1 • T12:33 PM Y2:04 PM 448 P +1 Straigh to Tidlands �A Y 95.6 1.3 12:33 PM 2:04 Plot 448 PM Tum right onto Ti del-- Ave _ _._....... c96.9 _ 4.6' 12:38 PM • s2:10 PM 456 PIVi 'raft' onto East Herber dr 101.5 • _._ .. . 12:53 PN1_ '2:30 ...5:24 PM R Lefit into Ruocco. Pik dust past PCHj r. _ .. _ GranFondo Cycling Tours Inc. 422 of 488 423 of 488 Rest Stop 1— Bonita Plaza Bike Porto Potty N a, 6 , gik ' ',,,, GranFondo Events - A subsiderary Qf (ranFnrii'ir, wyding Tours Inc. Email: toblas©gftours.com 000 www.SDgranfondo m Tel: 858-668-1739 1 424 of 488 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: GranFondo Cycling Tours EVENT: 9 h Annual Campagnolo GranFondo San Diego DATE OF EVENT: April 90 2017 APPROVALS: DEVELOPMENT SERVICES YES [ x] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ ] FINANCE YES [x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [x ] NO [ ] SEE CONDITIONS [ ] NEIGHBORHOOD SERVICES YES [ x j. NO [ ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES Building No comments Planning No comments Engineering The applicant submitted Cue Sheet GF document states Rules of the Road start after the left onto E. 30t Street. However, the Permit Cover Letter states Rules of the Road start after the right tum onto Civic Center Drive. Rules of the Road are applicable all times. Public Works Streets needs to coordinate with PD on who will set up the proper lane closure on Harbor Drive. FINANCE GranFondo Cycling Tours will need to apply for a business license. 425 of 488 POLICE DEPARTMENT The event organizer is requesting for (1) officer to be stationed at Harbor Drive and W. 8th Street for traffic control. It would be from 6:30 am to 8:15 am, to assist the riders through the intersection. All riders must adhere to the rules of the road. The cost of (1) officer for 4 hours (4 hours is the minimum hours per our MOU) of overtime, at a pay rate of $75.17 per hour, would be $300.68. CITY ATTORNEY This application requires an indemnity and hold harmless agreement in favor of the City, and a certificate of liability insurance naming the City and its officials, agents, and employees as additional insureds, with liability limits approved by the Risk Manager, COMMUNITY SERVICES No comments RISK MANAGER (619) 336-4370 1 have reviewed the above captioned request to for the issuance of a Temporary Use Permit. I would recommend that as a condition of the issuance of the permit that the following documents be provided: • A valid copy of the Certificate of Liability Insurance. • The applicant must provide a separate additional insured endorsement wherein it notes as the additional insured as "The City of National City, its officials, agents, employees and volunteers". • That the insurance policy must have a combined single limit of no less than $1,000,000.00 (ONE MILLION DOLLARS) and $2,000,000.00 (TWO MILLION DOLLARS) in aggregate that would cover the date and location of the event • That the insurance company issuing the insurance policy must have a A.M. Best's Guide Rating of A:VII and that the insurance cornpany is a California admitted company; if not then insurance policy must be submitted to the Risk Management Department for review and approval prior to the issuance of the Temporary Use Permit. • The Certificate Holder must reflect: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA. 91950-4397 426 of 488 PUBLIC WORKS No comments NEIGHBORHOOD SERVICES Neighborhood Notifications — Events are required to notify residents and/or businesses of the surrounding impacted areas by the event. The notice shall include the name of the event, name and phone number of the company/organization producing the event, the dates and times of the event (including set-up and breakdown) and a detailed description of how the residents and/or businesses may be affected, such as by street closures, "No Parking" signs being posted, music at the event, etc. FIRE No fees for this event Stipulations required by the Fire Department for this event are as follows: 1) Maintain Fire Department access at all times. Emergency services access shall be given to all emergency apparatus upon approach 2) Access for Fire Department shall be maintained at all times. At no time shall fire lanes, fire hydrants, fire protection systems of all types etc. be obstructed at any time. A minimum of 20 feet wide shall be maintained for the use of fire lanes 3) First Aid will be provided by organization 427 of 488 CC/CDC-HA Agenda 3/21/2017 — Page 428 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit - Community Easter Egg Hunt sponsored by Cornerstone Church of San Diego at Las Palmas Park on April 15, 2017 from 9 a.m. to 12 p.m. with no waiver of fees. (Neighborhood Services) 428 of 488 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 21, 2017 AGENDA ITEM NO. ITEM TITLE: Temporary Use Permit Community Easter Egg Hunt sponsored by Cornerstone Church of San Diego at Las Palmas Park on April 15, 2017 from 9 a.m. to 12 p.m. with no waiver of fees. PREPARED BY: Dionisia Trejo ! DEPARTMENT N PHONE: 10619) 336-4255, APPROVED BY: EXPLANATION: This is a request from the Cornerstone Church of San Diego to conduct an aster egg hunt at Las Palmas Park on April 15, 2017 from 9 a.m. to 12 p.m. Set up for the event will commence at 6:00 a.rn. on the day of the event. This event will include an Easter egg hunt for appropriate age groups, face painting, music stage with monitored sound system and eating areas with tables and chairs. Free games will be provided. Services Department The applicant is not requesting the use of the City's stage and will provide their own security for this event. Note: This event was approved by Council in 2015 and 2016 with no waiver of fees. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Finance MIS City fee of $237.00 for processing the TUP, plus $700.00 for the Fire Inspection and Public Works $465.80. Total fees: $1,402.80 ,ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: ; I FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waive of fees or in accordance to City Council Policy 802. BOARD / COMMISSION RECOMMENDATION: `NIA ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. 429 of fbb CAUFORWIA NATIONAL Ctrir Tmeo oaxto Type of Event- ▪ Fair/Festival ❑ TUP City of National City • Neighborhood Services Department 1243 National City Boulevard • National City, CA 91950 (619) 336-4364 • fax (619) 336-4217 www.nationalcityca.gov Special Event Application ❑ Parade/March ❑ Walk or Run ❑ Concert/Performance ❑ Sporting Event ❑ Other (specify) Event Name & Location Event Title Community Easter Egg Hunt *tCElVED FEB 21 2017 Event Location (list all sites being requested) Las Palmas Park -Event Times Set -Up Starts 6:00am Saturday Date 04/15/17 Time Day of Week Event Starts Date 04/15/17 Event Ends Date 04/15/17 9:00am Time Day of Week Saturday Time 12:00pm Day of Week Saturday Breakdown Ends S.00pm Saturday Date 04/15/17 Time Day of Week A • plicant Information - Applicant (Your name) Shannon Bryant Cornerstone Church _ Sponsoring Organization Event Coordinator (if different from applicant) N/A Mailing Address 1914 Sweetwater Rd National City 91 950 Day Phone 619-425-9333 After Hours Phone 619-841-8082 Cell Fax Public Information Phone 619-425-9333 E-mail godsladymarie@gmail.com Applicant agrees to investigate, defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and all loss, damage, liability, claims, demands, detriments, costs, charges, expense (including attorney's fees) and causes of action of any character which the City, its cfhcers, employees and agents may incur, sustain or be subjected to on account of loss or damage to property or the loss of use thereof and for bodily injury to or death of any persons (including but not limited to the employees, subcontractors, agents and invitees of each party hereto) arising out of or in any way connected to the occupancy, enjoyment and use of any City premises under this agreement to the extent permitted by law. Applicant understands this TUP/special event may implicate fees for City services, which will have to be paid in the City's Finance Department 4B hours prior to the event set-up. The undersigned also understands and accepts the City's refund policy for application processing and facility use and that fees and charges are adjusted annually and are subject to change. ShannonR f Digitally signed by Shannon Bryant/15117 Signature of Applicant: an `_ Date: 2017.02.15 11:36:48 -08'00' Date _. 1 430 of 488 Special Event Application (continued) Please complete the follow sections with as torch detail as possible since fees and requirements We based on the information you proOde us. Fees/Proceeds/Reporting Is your organization a "Tax Exempt, nonprofit" organization? Yes IN No [] Are admission, entry, vendor or participant fees required? Yes ❑ No 01 If YES, please explain the purpose and provide amount (s): $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 8,000 Estimated Expenses for this event. 0 What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Description of Event CI First time event © Returning Event ❑ include site map with application Note that this description may be published in our City Public Special Events Calendar: Roped off areas for approprlate age group egg hunt. Face painting, music stage and monitored sound system. Eating areas with tables and chairs. Free games provided. Estimated Attendance 1500 Anticipated # of Spectators: 1000 Anticipated # of Participants: P 2 431 of 488 Traffic Control, Security, First Aid and Accessibility Requesting to close street(s) to vehicular traffic? Yes ❑ No 111 List any streets requiring closure as a result of the event (provide map): Date and time of street closure: Date and time of street reopening: ❑ Other (explain) Requesting to post "no parking" notices? Yes ❑ No El ❑ Requested °No Parking" on city streets and/or parking lots (list streets/parking lots) (provide map): D Other (explain) SecUrity and Crowd Control Depending on the number of participants, your event may require Police services. Please describe your procedures for both Crowd Control and Internal Security: Cornerstone Church security and traffic ministries. Have you hired Professional Security to handle security arrangements for this event? Yes ❑ No a if YES, name and address of Security Organization Security Director (Name): Phone: If using tie services °fa professioned seautify trtin AND the Vied WE occur on City propertynteesa provide a copy & its insurance =Kcal" evidencing ilabiMy with lied of at least $t MOM doll an per occuranoe/$2 Minton doNars aggregate, as weft es and [muted endorsement naming the City of National Cry, is officers, employees, and agents es eddffionsi insureckr. El/WORM of one mat be provided by the vendor or its insurer to the Citys Risk Manager for renew and apploval prior to the event. Is this a night event? Yes ❑ No IN if YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: 3 432 of 488 First Aid Depending on the number of participants, your event may require specific First Aid services. First aid station to be staffed by event staff? Yes El No ❑ First aid/CPR certified? Yes rff I No ❑ ❑ First aid station to be staffed by professional company. ► Company Accessibility Please describe your Accessibility Plan for access at your event by individuals with disabilities: Event will be held on public property which complies with ADA requirements. Elements of your Event Setting up a stage? Yes lt No ❑ ❑ Requesting City's PA system ❑ Requesting City Stage; if yes, which size? ❑ Dimensions (13x28) ❑ Dimensions (20x2$) O Applicant providing own stage Setting up canopies or tents? 10 # of canopies size1 OX10 (Dimensions) # of tents size ❑ No canopies/tents being set up Setting up tables and chairs? RrFumished by Applicant or Contractor /D # of tables ❑ No tables being set up f3 b # of chairs ❑ No chairs being set up ❑ (For City Use Only) Sponsored Events — Does not apply to co -sponsored events # of tables ❑ No tables being set up # of chairs ❑ No chairs being set up Contractor Name Contractor Contact Information Address 4 City/State Phone Number 433 of 488 Setting up other equipment? ❑ Sporting Equipment (explain) ❑ Other (explain) E Not setting up any equipment listed above at event Having amplified sound and/or music? Yes li No ❑ I! PA System for announcements M CD player or lJ music �■] Live Music Is l Small 4-5 piece Nye band ► ❑ Large 6+ piece live band ❑ Other (expiat) if using live music or a Di. ► Contractor NameCornerstone Worship Ministry ► 1914 Sweetwater Rod National City, CA 619-425-9333 Address City/State Phone Number Using lighting equipment at your event? Yes ❑ No® ❑ Bringing in own lighting equipment ❑ Using professional lighting company If Company Name Address City/Stale Using electrical power? Yes ® Into ❑ ❑ Using on -site electricity [ For sound and/or lighting ❑ For food and/or refrigeration ❑ Brining in generator(s) ® For sound and/or lighting ❑ For food and/or refrigeration Phone Number Vendor Iiziorniatioi PLEASE NOTE You may b9' ired to apply for a temporary health permt If food or des are sold ofgives away daring your special Wyatt. A 'Permits and Compliance' as page S in the Special Evesd Stade. For additional informationon obtaining a temporary health paratt, please contact the Co ► of Sian Diego Environmental He at (641t) -2363. Having food and non-alcoholic beverages at your event? Yes'1 No❑ ❑ Vendors preparing food on -site ► # ) Busness License* if yes, please describe how food will be served and/or prepared: intend to cook food in the ent area lease specify the method: GAS ❑ ELECTRIC ❑CHARCOAL ❑ OTHER (Specify): ❑ Vendors bringing pre -packaged food to. # ► Business License # ❑ Vendors bringing bottled, non-alcoholic beverages (Ice., bottled water, can soda, etc.) ► # ❑ Vendors suing food # t . Business License #(s) ❑ Vendors selling merchandise # If Business License #(s) 5 434 of 488 CI Food/beverages to be handled by organization; no outside vendors ❑ Vendors selling services # ► Business License #(s) ► Explain services - ❑ Vendors passing out information only (no business license needed) # ► Explain type(s) of information ❑ No selling or informational vendors at event Having children activities? Yost No❑ PLEASE NOTE: In the event inflatable jumps are provided at the event, The City of National at/ requires commercial liability insurance with limits of at ie $t Miilkon dollars per occurrence/$2 n dollars aggregate, in addition, the City of .Naaoral My row be named as an Adcfitioia1 tried pursuant to a separate endorsement which sly be provided by the vendor or its Insurer to the City's Risk Manager, along with the Certificate of Insurance, for approval prior to the event. The application shut be filed out at least one week prior to the event. There is a $25 fee to process the penrf application. For questions or to obtain a copy at the °Facility Use Application', please contact the Engineering/Public Works Department at 9 3364580. ❑ Inflatable bouncer house # ❑ Rock climbing wall Height [] Inflatable bouncer slide # �rts & crafts (i.e., craft making, face painting, etc.) /2I then h coif- T ct Having fireworks or aerial display? Yes ❑ No t 0 Vendor name and license # Dimensions Duration Number of shells Max. size PLEASE NOTE: In the event fireworks or another aerial display is planned for your event, The Cifw of Nadal City .requires commercial liability insurance with limits of at least $2 Million dollars per occurrence' I1on dollars aggregate. In additicpr,. the City of National City must be named as en Additional Insured pursuant to a separate endorsement, which shall be provided by the vendor or its insurer er to the Cis Risk Manager, along with the Certificate of Insurance, fox' approval prior to the event Depending on the size and/or nature ci the fireworks display, the City reserves the right to request higher flabifity limits. The vendor must also obtain a fireworks permit from the National Cly Fir Department and the cost is $502.00 Arranging for media coverage? Yes■❑ No❑ O Yes, but media will not require special set-up ❑ Yes, media will require special set-up. Describe 6 435 of 488 Event Signage PLEASE NOTE: Mir sponsored or co -fired ems, banners publicizing c may be placed on the existing poles on the IWO block and buck of National City Boulevard. The banners must be made le the ma's specgcatkine. Please refer to the Ci Event Guidebook end Fee WW1& addribnal Win. Are you planning to have signage at your event? Yes ® No ❑ ❑ Yea, we will post signage # Dimensions ❑ Yes, having inflatable signage # ► (complete Inflatable Signage Request form) (k es, we will have banners # 5 ® What will sign&banners say? Event tide, activities, date and hours Irclow will sig'bannera be anchored or mounted?( Waste Management -tics PLEASE NOTE: One toilet for every 260 maple is Fred, unless the applicant can shay that there are suffickmi facilities in the Immediate area evadable to the pttic during dte event. Are you planning to provide portable restrooms at the event? Yes ❑ No If yes, please identify the following: ► Total member of portable toilets: S. Total number of ADA accessible portable toilets: ❑ Contracting with portable toilet vendor. ► Company Phone ► Load -in Day & Time ► Load -out Day & Time ❑ Portable toIets to be serviced. ii Time Set-up, Breakdown. Clean-up Setting up the day before the event? ❑ Yes, will set up the day before the event ► # of set-up day(s) 0) No, set-up will occur on the event day Requesting vehicle access onto the turf? O Yes, requesting access onto turf for set-up and breakdown (complete attached Vehicle Access Request form) ❑ No, vehicles will Ioadfunioad from nearby street or parking lot 7 436 of 488 El City to install litter fence ❑ Applicant to install litter fence ❑9� NIA Breaking down set-up the day after the event? CI Yes, breakdown will be the day after the event. ► # of breakdown day(s) ❑ No, breakdown will occur on the event day. How are you handling clean-up? ❑ Using City crews �J Using volunteer clean-up crew during and after event. ❑ Using professional cleaning company during and after event. Miscellaneous Please list anything important about your event not already asked on this application: Please make a copy of this application for your records. We do not provide copies. 8 437 of 488 NATIONAL y • aveoweriogio i. Special Event information Special Events Pre -Event Storm Water Compliance Checklist Name of Special Event Community Easter Egg Hunt Event Address: Las Palmas Park Event Host/Coordinator: Shannon Bryant Expected # of Attendees: 1500. Phone Number 619426-9333 !l. Storm Water Best Management Practices (BiinPs) Review YES NO N}A V Will enough trash cans provided for the event? Provide number of trash bins: 6 Will enough recyding bins provided for the event? Provide number of recycle bins: 4 Will aN portable toilets have secondary containmenttrays? (exceptions for ADA compliant portable toilets) r ' Do all storm drains have, screens to temporarily protect trash and debris from enteriing? Are spill cleanup kits readily available at designated spots?,, * A Post -Event Storm Water Compliance Checklist will be completed by City Sta€t 9 438 of 488 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. The insurance company issuing the insurance policy must have a A.M. Best's Guide Rating of A:ViI and that the insurance company is a California admitted company; if not, then the insurance policy to the issuance of the permit for the event. The Certificate Holder must reflect: City of National City Risk Management Department 1243 National City Boulevard National City, CA 91950 OrganizatCo ion: merstone Church of San Diego Person in Charge of Activity: Mike Ramirez Address: 1914 Sweetwater Road Nationat City, CA. 91950 Telephone: Date(s) of Use: HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. } Digitally signed by Shannon Bryant Signature of Applicant: Shannon Bryant_Date:2017.02.1515:12:35-08'00' Official Title: Date: Fc*' ,OfTlee t&.Cry Certificate of Insurance Approved Date 10 439 of 488 A M CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: Cornerstone Church EVENT: Community Easter Egg Hunt DATE OF EVENT: April 15, 2017 APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x 1 NO [ 1 SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ 1 SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ 1 SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] NEIGHBORHOOD SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES No comments PUBLIC WORKS Parks Division: 1. The applicant dose not request the use of the City's PA system. Therefore, no PA system will be provided, 2. The applicant dose not request the use of the City's stage. Therefore no stage will be provided. 3. One staff will work the event to clean the restrooms and litter control overtime rate is 46.58 per hour 10 hours $465.80 Streets Division No comments Facilities Division: No comments 441 of 488 FINANCE Cornerstone Church has a valid business license. No further Stipulations. POLICE DEPARTMENT The police department does not have any stipulations for this evert. On duty -officers will be asked to provide extra patrol. CITY ATTORNEY This application requires an indemnity and hold harmless agreement in favor of the City, and a certificate of liability insurance naming the City and its officials, agents, and employees as additional insureds, with limits of coverage approved by the Risk Manager. COMMUNITY SERVICES Community Services scheduled life guard training at Las Palmas Pool and we have morning classes at the recreation center. Community Services request the parking lot in front on Camacho Recreation Center be "Reserved for Camacho Recreation Center Participants" from 9 a.m. to 5 p.m. NEIGHBORHOOD SERVICES Neighborhood Notifications — Events are required to notify residents and/or businesses of the surrounding impacted areas by the event. The notice shall include the name of the event, name and phone number of the company/organization producing the event, the dates and times of the event (including set-up and breakdown) and a detailed description of how the residents and/or businesses may be affected, such as by street closures, "No Parking" signs being posted, music at the event, etc. 442 of 488 FIRE Requirements $200.00 After Hours Inspection and $500.00 Fair/Carnival, Total $700.00 Stipulations required by the Fire Department for this event are as follows: 1) Access to the area to be maintained at all times, entrances and emergency roadways 2) Fire Department access into and through booth areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches 3) Fire Hydrants shall not be blocked or obstructed 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s) 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s) 6) Provide a 2A:10BC fire extinguisher at stage area. Extinguisher to be mounted in a visible location between 3'/'to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. See Attached 7) Internal combustion power sources that may be used for inflatables, shall be of adequate capacity to permit uninterrupted operation during normal operating hours. Refueling shall be conducted only when the ride is not in use 8) Internal combustion power sources shall be isolated from contact with the public by either physical Quards, fencing or an enclosure. Internal combustion power shall be at least 20 feet away stage area 9) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only 10) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all rides, cooking areas, game booths, etc. 443 of 488 11) if tents or canopies are used, the following information shall apply: Tent having an area from 0-200 square feet shall be $200.00 • Tents having an area more than 201 square feet shall be $400.00 • Canopies having an area from 0-400 square feet shall be no charge. • Canopies from 401-500 square feet shall be $250.00. • Canopies from 501-600 square feet shall be $300.00. • Canopies from $601.00 or greater shall be $400.00. • Multiple tents and or canopies placed together equaling or greater than the above stated information shall be charged accordingly. • Tents shall be flame-retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Fees can only be waived by the City Council. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet State Fire Marshal approval for cooking. See Fire Marshal for required explanation 12) Concession stands utilized for cooking -shall have a minimum of 10 feet of clearance on two sides and shall not be located within 10 feet of tents or canopies. 13) All cooking booths or areas to have one 2A:10BC fire extinguisher. if grease or oil is used in cooking a 40:BC or class '`K" fire . extinguisher will be required. See Fire Marshal for required explanation. All fire extinguishers to have a current State Fire Marshal Tag attached. 14) First Aid will be provided by Cornerstone Church of San Diego personnel. 15) Fire Department fees can only be waived by City Council. 16) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of two hundred ($200.00) dollars. 444 of 488 CC/CDC-HA Agenda 3/21/2017 — Page 445 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit — `Every Fifteen Minutes' hosted by the National City Police Department at Sweetwater High School from May 15, 2017 to May 16, 2017. (Neighborhood Services) 445 of 488 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 21., 2017 AGENDA ITEM NO. ITEM TITLE: Temporary Use Permit — `Every Fifteen Minutes' hosted by the National City Police Department at Sweetwater High School from May 15, 2017 to May 16, 2017, PREPARED BY: !Dionisia Trejo DEPARTME PHONE: 019) 336-4255; APPROVE EXPLANATION: This is a request from the National City Police Department to conduct the 'Evereen Minutes' simulation at Sweetwater High School from May 15 to May 16, 2017. This event is a simulation of the real -life experience without the real -life risks and consequences of drinking alcohol and texting while driving. This event includes the participation of our Police and Fire Department, High School Staff, local hospitals, video production crew, community officials, District Attorney's Office, funeral homes, and a wide cross-section of the community at -large. Event organizers are requesting street closures of Highland Avenue from 28th Street to 30th Street on May 15, 2017 from 8 a.m. to 12 p.m. to display a mock traffic collision. May 15th will be the only day where City services are being requested. The May 16th date will involve activities both on campus and at outside facilities and agencies, Residents in the area will be notified regarding the event and street closure. The school will also send out notification to students of this event. Note: This event was approved in 2015 by Council with no waiver of fees. FINANCIAL STATEMENT: ACCOUNT NO. ood Services Department APPROVED: Finance APPROVED: MIS City fee of $237.00 for processing the TUP through various City departments and $1,345.79 for Public Works. Total Fees: $1,582.79 ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: L J STAFF RECOMMENDATION: 'Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. All fees for this event will be paid via Police Grant. BOARD 1 COMMISSION RECOMMENDATION: NIA! ATTACHMENTS: ;Application for a Temporary Use Permit with recommended approvals and conditions of approval. 446 of 488 Clty of National City • Neighborhood Service) Dealt 1243 National City Boulevards National C3y, CA 91950 (819) 3303-4364 a fax (S19) 336. 4217 www.nationalcityhcagov ' Special Event Application `; }[ u! Event ❑ Fair/Festival Q Peradailkkiech ❑ Welk or Run ❑ Conccert/Performance ❑TUP Sling Eyed E Other (sa) Scholl Educational Event BrentTitle Every 15 P 9nutes Program Event Location ( ell sites big requested) 2800.3000 Block of Highland Avenue (Sweetwater HS) Set -Up Starts Date 05115120-17 Time OSQO Event Starts Date 05115/2017 Time 1100 Event Enda Date 05/1512017 Time 1200• Breakdown Ends Date 0511512017 Ttms 1200-1300 Applicant (Your name) Graham Ymmg Day of Week Thursday Dayof WeekThtaneday Day of Mak Thtaedey Day of Week Thursday RECEIVED FEB 0 3 20I7 nieipheah cod Unmet Wp.itmear aye/ Nmmw lolly Sponsoring Can NCPD Event for (if different from MOM1200 National City Boulevard, National fit, CA 91960 Address Day Phone 336 4514 After Houle Pima619-5i i96 Cal 51 796 Fax 338-4525 tat tic Information Phone 619 6-45"t4 E-mail l�>�l ,pov Applitarit epees to investigate, dew, try and the may, Ns dicers, employes and agents frcrn and ape1net any and as loss, dsrrege. lire. dabs, demands, dew, costs, charges, expense (I/Mulling attorneys fees) and causes deckle deny chamolerwlilch the Cher, Its off, employees and agents may incur, austsdn or be subjected to as aid o1 loss or damage to property or the loos of alb tsr bodily hay b) or dear or eny pa parading but not biked lathe employees, subcontactors, seeds and Invitees of each party hereto) arisina out of or in say Tifri connected to the occupant* enjoyment and use duty City premises under Ns agresnnecd b Os eedsrtt molded by law. • eat may ivIdloste abss for City evokes, rafrkti MI hoot* be paid In the Laths Waft WNW. The riderslgEhsd - widerstands and acospiraffirs and tlsol ► use and limit tees and ups are arrested annudy and 61.41:1taft LT« Date 0 2.(044241al 447 of 488 Special Event Application (continued) 'Please complete thefoilowing sections with as mum detail as possible since fees and requirements are bssed on the Infomia5on you provide us. is your organization a "Tax Exempt, nonprofr organization? Yes 0 No a. Are admission, entry, vendor or participant fees required? Yes ❑ No tig if YES, please explain the purpose and provide amount (s): 0 Estimated Gross Receipts Including ticket, product and sponsorship sales from this event. $ 60'000 Estimated Expenses for this event. !)a What la the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? ESOMEIRM 0 First lime event al Returning Event 0 made site map with application Note that this description may be published in our City Pubic Special Everds Calendar; See attachments "AR, "B• and "G" •E5trmite `l�tt&ii" Anticipated # of Participants: 40 Law Enforcement Anticipated # of Spectators: 1500 Students 2 448 of 488 Traffic Control_ Seci+r-if t, -First `Airs and Accessibi itv Requesting to close street(s) to vehicular traffic'? Yes 0 No 0 Last any streets requiring dostwe F�� as a result of the event (prov de 2800-30[ Fl hiand Avenue - Please see attachment "C". Date arul time of street closure: 05/15 @ 0800 Date and time of street reopening: 05/15 ©f 200 ❑ Other (lain) Requesting to post g'►no park ng" notices? Yes M No 0 ilk Requested 'No Parking' on city streets andlor parking lots (Ilat streetslparking lots) (ale map): NCPD wia poet sns for "no ping" 72 hours in advance in the -3000 bias& of Highland Avenue. CI 0ther (explain) Security and Croyrdii crntroi Depending on the number of participants, your event may require Police service& Please describe your procedtwes for bothCrowd Control and Internal Security: NCPD will handle crowd oontral,treflic control and logistics. Please see attachments -A" "B" and "C". Have you hired Professional Security to lu ndle security arrangements for this event? Yee C] llo IN if YES, name and eddreall of Security Organization Seaway Director (Name): Phone; If using the services of a professional security firm AND the event will occur on City property, please provide a copyof its lhsurance certificate, evidendnglability with Brits of at least $1 MEM dolly per (=mance= Minion dollars ague, as well as and additrvrel insured endorsement naming the City of National City,' its officers, employees, and age es adtritional Insureds, Evidence of lnsuranoe must be provided by the vendor or its Insurer to the City's FUst Manager for review and approval prior to the event Is this a night event? Yes Cl No MI If YES, please state how the event and surrounding area will be liuminated to ensure safety cite paticipants and spectators. 3 449 of 488 First Aii Depending on the number of partite, .your event may require specific First Aid services. First aid station to be staffed by event staff? Yes E No 0 First aid/CPR cerWlled? Yes ® No 0 Ca First aid station to be staffed by professional company, ► Company . NCFD will be on scene ACCessib 1lt1+ Please describe your Ate► Plan for access at your event by individuals with disabilities: Sweetwater High School will handle ail accessibility for students with disabilities. Elements of our -Event Setting up a stage? Yes 0 No El Requesting City's PA system ❑ .Requeding City Stage; if yes. which size? 0 Dimensions (43)28) 0 Dimensions (20)Q8) a Applicant providing own stage ► Setting up canopies or tents? Q # of canopies size 0 # of tents size (Dimensions) iN No c enopiesttents being set up Setting up tables end shako? ❑ Furnished by Applicant or Contractor 0 # of tables 0 No tablesbeing set up 0 # of chairs 0 No chairs being set up ❑ (For City Use Only) Sponsored Events— Does not apply to co -sponsored events # of tables 0 No tables being setup # of chains 0 No chairs being setup Contractor Name Contractor Contact infarrrrat'ion Melrose 4 City/State Phone Number 450 of 488 Setting ilia other equipment? ❑ Sporting Equipment (explain) Other (explain) Mock traffic collision set up as described in attachment "A", "B" and 'C" ❑ Not sating up any equipment rested above at eat Having amplified sound andior music? Yes? No 0 MI PA System for announcements 0 CD player or DJ music ❑ Live Music b Q Small 4-5 piece live band ► ❑ urge 6+ piece live band g Other (explain) Mock traffic collision and live dispatcher rig a call for service. 6f usknp live mac of a DJ. Contractor Name Addreaa Minato Phone Number Using lighting equipment at your event? Yes ❑ No® ❑ flinging In own lighting equipment 0 Using professiontal lighting Company M' Company Name Address CitylSbde Rene Dauber Using ailoctricat power/ Yes IN No 0 ®I Using on -site etectridty ❑ For sound andhx lighting 0 For food andtor refrigeration ❑ Bringing In generators) ❑ For sound and/or Iighiing 0 For food and/or refrigeration *1i'i" r ririr liitai-r%'[(1i PLEASE NOT ; You may be required to apply for a temporary health penult If food or beverages ars sold of given away during your spacial event. Also sea 'Permits and Compliance' on pegs 8 e SpavtV Euerla Sulam Fee ad=itnaal lafacutsittat Qate:L1N1 w ` :, :iw i�Waal W a"ii{i, piece coated Uwe Caw* of San Oho fermslowanantaP Health at it) 2363. Having f,ccd and n o Rc beverages et your event? Yee 0 WM ❑ Vendors preparing food on-s to b *fr► Business License* yes please describe how food will be served and/or prepared: if you intend to cook food in the event area please specify the reload: ❑ GAS ❑ ELECTRIC ['CHARCOAL. ❑ OTHER (Specify): ❑ Vendors brining pre -packaged food l► fa► Business License, ❑ Vendors bringing bottled, non-alcahoHe beverages (Le., bard water, can soda, ) s► ❑ Vendors slang food # itBusiness License *(s) ❑Vendors erg merchandise # ► Business UUcenae #(s) 5 451 of 488 ❑ Food/beverages to be handled by organization; no outside vendors ❑ Vendors selling seevices # ► Business License #(s) ► Explain serves ❑ Vendors passing out Information only (no business license needed)* ► Explain type(s) of information ❑ No selling or informational vendors at event Having children activities? Yes 0 Non PLEASE Nam: In the event inflatable jumps are provided at the event The City of National City requires comrnenlal liability insurance with limits of at least $1 MIII on dollars per 000urrenc e!$2 Million dollars aggregate In addition, the City of National City must be named as an Additional insured pursuant to a separate endorsement, which shall be provided by the vendor or its insurer to the is Risk Manager, along with the Certificate of Insurance, for approval prior to the event The application steyld be fed out at least one week prior to the event. There's a $25 fee to process the permit application. For questions or to obtain a copy of the 'Facility Use Application'', please contact the Engineering/Public Works Department at (619) 336-4580. ❑ inflatable bouncer house # [] Rock ctrrnbinq wall Height ❑ inflatable bouncer slide # ❑ Arts & crafts (i.e., craft maims, face painting, etc.) ❑ other Having fireworks or aerial display? Yes 0 No MI ❑ Vendor name and license # Dimensions Duration Number of shells Max size PLEASE NOTE In the event fireworks oranother aerial &play is pried for your eve The City of National City requires commercial liability insurance with km is of at least $2 Milton dollars per $4 Million dollars aggregate In ail on, the City of National r must be named as en Additional Insured pursuant nt to a separate endorsement which shall be provided by the vendor or its insurer to the Ct�ty's Frisk Manager, along With the Certificate of Insurance, for approval poor to the event Depending on the size and/or nature of the fireworks splay, the City reserves the light to rarest lights' it slily Belts: The vendor must also obtain a fireworks permit from the National City Fire Department and the cost is $602.00 Arranging for media coverage? Yes El No ❑ © Yes, but media will not require special set-up ❑ Yes, media will require special set-up, Describe 6 452 of 488 PLEASE NOTE For City sponscrred orc o.sporisored events, banners pubes the ment ray be pieced .on the exts bng: pdee an the t 800 bloc end 3#Q bloc of Nam City Boulevard. ThebarrensMust •be made tote Cos moons. Please refer to the is Spedal Event Guidebook and Fee Schedule for add oral ice. Are you planning to have signage at your event? Yes 0. No IN ❑ Yes, we win past signage # Dimensions ❑ Yes, having Inflatable sigra ge # ► (complete Inflatable SIg sage Request form) ❑ Yes, we will have banners ❑ What Wit signsibanners say? ❑ Hew w® signs/banners be anchored or mounted? Wasie Managr>inen't, PLEASE Nom One toilet for every 250 people is regthred, unless the applicant con show that there are suthc*ant teaks in the Immediate area avakable to the pubic during the eve Are you planning to provideportable restrooms at the event? Yes ❑ Non If yes, please Ident]fy the following', M. Total number of portable toilets: ► Total number of ADA accessible portable tarts: ❑ Contracting whh portable toilet vendor. P. Cony Phone G Load -in Day & Time Ito Load -out Day & Time ❑ Portable toilets to be serviced. ► Time Set-up. Break.dawn., Clean•u.p Sing up the day before the event? ❑ Yes, wil set up the day before the event ► *of set-up day(s) 11 No, set-up will occur on the event day Requesting vehicle access onto the turf? ❑ Yes, requesting access onto turf for set-up and breakdown (complete attached Vehicle Access Request form) No, vehkles will load/unload from nearby street or parking lot. 7 453 of 488 NI?DE5-Litter .Pane ❑ City to install litter fence ❑ Applicant to install litter fence El NIA Breaking down set-up the day after the event? Q Yesbreakdown will be the day afar the event. ► # of breakdown day(s) ® No, breakdown will occur an the event day. How are you handling clean-up? ❑ Using City ewes El Using volunteer dear -up crew during and after event. El Using professional cleaning company during and after event BEEDZEIM Please rat anything important about your event not y asked on this application; Tow companies will take away vehicle and debris used in the mock traffic collision. Please make a copy of this application for your records. We do not provide copies. 8 454 of 488 Special Events Pre -Event Storm Water Compliance Checklist E. Special Event Information Name of spode event: Every 15 lAnutes Program Event Address: 2800 highland Avenue Expected p of Attendees: 1500 Students Event Host/Coordinator, Graham Young, i t. NCPD phone Number: 519-33 14 I1. Storm Water Best Management Practices (BMPs) Review YES NO NA WII enoues trash cans provided for the event? Provide number of trash bins:! A - Will end recycling bins provided for the event? Provide number of recycle bins: WA WM as portable 'bullets have secondary containment trays? (exceptions far ADA compiknt portable toilets' f Do all storm dish; have -r.. ;.1iiy protect trash and deans frown entering? Are split cleanup Isis readily available at dated spots? • 3 *A Pest -Event Storm Water Compliance Checklist will be emnpleted by (may Staff. 9 455 of 488 ATTACIMPIT ss EVERY es cesatiptioN The Every 15 Minutes Program offers real -life experience without the real -fife risks. This emotionally charged program, entitled Every 15 Minutes, Is an event designed to dramatically Instill teenagers with the potentially dangerous consequences of drinking alcohol and texting while driving. This powerful program will challenge students to think about drinking, texting while driving, personal safety, and the responsibility of making mature decisions when fives are Involved. During the first day events the "Grim Reaper" calls students who have been selected from a cross-section ofthe entire student body out ofclass. One student is removed from class every 35 minutes. A police officer will immediately enter the classroom to read an obituary which has been written by the 'dead' student's parent(s) - explaining the drcum5tances of their classrnate's demise and the contributions the student has made to the school and the community. A few minutes- later, the student will return to class as the "living dead," complete with white face make-up, a coroner's tag, and a rack Every 15 Minutes T-shirt. From that point on "victims' will not speak or interact with other students for the remainder of the school day, Simultaneously, uniformed officers will make mock death notifications to the parents of these children at their home, place of employment or business. After lunch, a simulated traffic collision will be viewable on the school grounds. Rescue workers will treat injured student participants. These students will experience first-hand, the sensations of being involved in a tragic, alcohol -related and texting while driving collision. The coroner will handle fatalities on the scene, while the injured students will be extricated by the jaws=of-life manned by Fire -Fighters and Paramedics. Police Officers will investigate, arrest, and book the Student "drunk driver". Student participants will continue their experience by an actual trip to the morgue, the hospital emergency room, and to the police department jail for the purpose pf being •!rooked for "drunk driving". At the end of the day,those students who participated in the staged accident as well as those who were made-up as the "living dead" will be transported to a local hotel for an overnight student retreat. The retreat will simulate the separation from friends and family. A support staff v& counselors and police officers wiU facilitate the retreat. 456 of 488 Doing the most powerful program of the retreat, the students will be taken through audig- won oftheir own death. Then each studentWM write a letterto ilk orh an out with .. rMom and Dud, everyfifteen minutes someone in the United States dies from on alcoholrekted traffic collision, and �sryidied. never had the chance to teityou.......' Parma will also be asked to write similar letters to their children. These lei will be shared the fogreeing day when students end parents will be recent ed at a Scheel assembly. The students will engage in challenging and Interactive ,-des. Impaired simulator goggles vigi be used to allow students to experience firsthand the potentially fatal consequences of alcohol and drug impairment. The goggles will allow students the opportunity to understand the dangers of impaired driving without taking a drop of alcohol or uslng drugs of any type. Research shows that those who. learn from hands-on fence retain two to four times more than those who seam from just listening, or from listening and seeing. 'Grim Reaper" and the staged crash. The assembly will be hosted by an Officer (Project Coordinator), who Weil guide the audience through the devastatin effects of losing a loved one due to a bad choice. Speakers will include students who will read letters to their parents, police and hospital person who shared their emotional trauma of dealing with kids idled in traffic crashes. Parents will share their personal reflections of their movement to this prom. We w4 also have a powerful speaker who actually lost a ched to a drunk driver, or as the result of driving while under the influence or totting while drives. The teas of the fly stresses that the decision to consume ticehot can tit many more peel* than just the one who drinks and the dangers ofteffing while driving, This very + o>iai and heart -wrenching event wM illustrate to stvaehts the potentially dangerous consequenees of their use of alcohol and taxiing while driving, regardless of how cal they believe their eise is. This event Includes the participation of our Police and Fire Departments, Nigh School Staff, Lccal Hospital, Video Production Crew, Cormnrwnity Officials, DIstrittAttomey"s Office, Fungi Homes and a wide crosesection of the cormmrnity at -large. it is our goal to utilize the talent and resources of business and Industry to prevent drunk driving and totting white*king. 457 of 488 TTIEE .!_ ofE MAY 15, 2017 Mock Tic ,C li sIon /Students Removed From Oassrooms 7:00 Meet at Sweetwater High School for Traffic Control/Moulage artists/student check -in 7:45 Shutdown traffic on Highland Avenue, start diverting traffic to other meets (parking Enforcement, CSo''s and traffic units). 11:00 Highland Avenue shut down from 24th Street to 30th Street (business/residences between 24th street and 28th street will be allowed access from 24th street -- no traffic between 28th Street and 30th Street). See attached traffic plan. 9 00 Mock traffk collision vehicles in place (vehicles obtained from tow contractors). 10:00 NCFD, AMR, NCPD staged to the 'El Super" lot. 11:00 Event begins - Students let out to observe the mock collision. 12:00 Mock traffic eolliston completed, students will return to classroom., 12 30 lunch for students/pardclpants 1:30 Shuttle students and participants to South Bay Court for rnock trial. 2:00 Mock trial starts 4:00 Bus students and chaperones to student retreat location (Pine Valley Bible Campus) 3dpti Dinner for students end chaperones/guest speakers. 600 Student team -building at student retreat/parent retreat at Sweetwater High School lights out 458 of 488 ATTACIlleiniT "" 'WIC COMM PI OPERATiONS TIMES 07110 HOURS--i#00 HOURS • 0700 Hours Stage at areas where traft% Is going to be affected. • 0730 Hours start shutting down theaffected street. • MOO ours all affected streetswill be doted to through tr'aff(e. • 1200 hours the traffic -post will be comp[etelyopenedfbrregular traffic on all streets. "A' 24" Street and Highland Avenue Owe northbound traffic Just sow of tha 7.22 south entrance to through traffic o Traffic Post manned by two c PSO's or afficeie. o Residents and business owners will bd allowed to pars this login with ItientfficatIon Madan by posted pentane' (20kSbeet Is the /*cation sow Via/ nay bwellt. o Street signs and cone hem setup as follow: • • Eastbound 24" Street *no right tune sin on to Highland Avenue south, • WeSt6vund 34* Streit `no left.tur sigh on to Flighland Avenue south e mound Highland Avenue it 20k Street "road dosed to thrbugh truffle " g" 30tk Stmet and HtRhlandAvsnua • Close northbound traffic t south oft he ink of SO" Street to through trs nc— o fTrais w ba dh arced using a cone pattern oast tom , and , boas wed o o Traffic Post manned by 'i1 PSCes orbs. o Street signs and cones platen set up Pi foiloi: °'; • abound 30* Street "no rightturre ems on Or Highland Avenue north, E Westbound 30" Street °no'atCtune sign on to. Highland Avenue north. a Northbound Aghltrnd Avenue at 306 dam to through tic" 211" Street end Highland Avenue POblock) • ace southbaund traffic - only northb o uhd traf Cis is allowed -, o Trafflowill be divined tatnga One pattern north on HighbutdAvenite. o Vehicle coming sOuth las _Highland Amuse will*Shim Iona to aU4umattI location and head back nor nd or make an eastbound turn on East ' meet, o Thad cPoet Maimed by one fli VSO's, i s or Officem. o Stout ins and hones patters rot up as Arbon Eastbound Street "no 1ightturrM del on to KlohlandAvenursouth. 459 of 488 ' Zlla` tenet and fillitland Avenue ° e apse sow trefficp-ordy northbound traffic allowed— () Traffic will be diverted using a corwpattern north on Highland Avenue. o Vehitie corning sow on lanai Avenue will either have to make a i-rant at this location and head back northbound or make an eastbound teen on East 28th Street. o Traffic Post .manned by one () CSO's. PSO's.crofters. o Street signs and corset patters set up asfollow; e Eastbmard 2.10 Street "no left tan'sin on to Highland Avenue south. Mobile Gas Station and Audio Sound busine w (corner of Se Street and Highland Aatm) • Tier north exit of the gas elation on Highland Avenue will trove .a sere cone pattern in the #Z lane so that customers can go to the audio sound Maine* lawt ad directly neatly the MOM Gas scion to the north. Thmugh traffic to the north on bland will natty allowed o hone pattern —serail o Traffic !fit manned by one (1) OEO's, PSO's-or officers. 460 of 488 •30T11 STREET 6 461 of 488 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: National City Police Department EVENT: Every 15 Minutes Program DATE OF EVENT: May 15, 2017 to May 16, 2017 APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO 1 ] SEE CONDITIONS [ x ] FINANCE YES I x ] NO i ] SEE CONDITIONS [ ] FIRE YES j x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ ] COMMUNITY SERVICES YES [ x] NO [ ] SEE CONDITIONS [ ] NEIGHBORHOOD SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES No comments PUBLIC WORKS Parks Division No comments Street Division 100 cones @ $22.29 (day rate) 32 barricades @ $1.04 = $33.28 15 signs @ $2.66 = $39.90 3 trucks for 4 hours © $22.76 = $273.12 5 staff members for 4 hours @ $48.86 = $977.20 Total = $1,345.79 Facilities Division No comments 462 of 488 CITY ATTORNEY The City Attorney's office has no requirements for this application. COMMUNITY SERVICES No comments POLICE DEPARTMENT The Police Department does not have any stipulations. The security plan mentioned in this application is adequate. FINANCE No comments RISK MANAGER (619) 336-4370 Risk Management has reviewed the application. and determined that this is an event that is sponsored by the City of National City through the Police Department. As such there would be no need for additional insurance for this event. The Police Department will secure properly executed waivers by the participants and parent(s) of the minor participants prior to be allowed to participate in this event. NEIGHBORHOOD SERVICES Neighborhood Notifications — Events are required to notify residents andlor businesses of the surrounding impacted areas by the event. The notice shall include the name of the event, name and phone number of the company/organization producing the event, the dates and times of the event (including set-up and breakdown) and a detailed description of how the residents and/or businesses may be affected, such as by street closures, "No Parking" signs being posted, music at the event, etc. FIRE No Fees or Inspection Required Stipulations required by the Fire Department for this event are as follows: 1) The fire department has no comments or requirements for this event as we will be participating in program 463 of 488 CC/CDC-HA Agenda 3/21/2017 — Page 464 The following page(s) contain the backup material for Agenda Item: Seeking City Council direction to initiate a traffic study and public outreach to consider converting Granger Avenue between E. 24th Street and E. 20th Street into a one-way street northbound to alleviate traffic congestion during school peak hours and in 464 of 488 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE March 21, 2017 AGENDA ITEM NO. I ITEM TITLE: Seeking City Council direction to initiate a traffic study and public outreach to consider converting Granger Avenue between E. 24th Street and E. 20th Street into a one-way street northbound to alleviate traffic congestion during school peak hours and increase parking capacity near Granger Jr High School. PREPARED BY ;Stephen Manganiello PHONE: 019-336-438 EXPLANATION See attached.) DEPARTMENT: I Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. INII ENVIRONMENTAL REVIEW: IN//I ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: (Direct staff to initiate a traffic study and public outreach to consider converting Granger Avenue between E. 24th Street and E. 20th Street into a one-way street northbound. BOARD / COMMISSION RECOMMENDATION: IN/AI ATTACHMENTS: 11. Explanation 2. Exhibit and Photo 4R of 4RR EXPLANATION Staff from City Engineering and the Police Department have met with Granger Jr High School officials and residents on numerous occasions in recent years regarding traffic congestion and safety on Granger Avenue during peak hours for student drop-off and pick-up. Several items were taken to the Traffic Safety Committee and ultimately approved by City Council to create passenger loading zones on Granger Avenue and E. 201Street. Despite these efforts, congestion and traffic violations, such as double parking, parking in red curb zones and parking in front of residential driveways still occur during school peak hours. Granger Jr High School officials and some residents have requested that staff consider converting Granger Avenue into a one-way street to alleviate traffic congestion, allow for angle parking adjacent to the school, and hopefully reduce the number of traffic violations. Engineering staff performed a preliminary assessment for conversion of Granger Avenue between E. 24th Street and E. 20th Street to a one-way street northbound. The key findings are summarized as follows and also illustrated in the attached exhibit Estimated net gain in on -street parking on Granger Avenue of 27 spaces Southbound traffic and MTS buses would need to re-route one block to the west to La Siesta Way — traffic counts would need to be commissioned to better determine projected increase in traffic on La Siesta Way • Wider travel way for emergency vehicle access Staff is seeking Council direction to initiate a formal traffic study and public outreach to consider converting Granger Avenue between E. 24th Street and E. 20th Street into a one-way street northbound. If directed by City Council, a minimum of 00% of the home owners on Granger Avenue would need to support the one-way street proposal. 466 of 488 PROPOSED ONE-WAY CONVERSION FOR GRANGER AVENUE $2' of existing red curb No Parking" for MATS bus stop 425' of proposing angle parking (uowestrlcled) Parkin_cCalcqla ens on Or ngor Avenue Existing = 36 spaces Proposed = 63 spaces Net Gain = 27 spaces --- 310' of proposing angle parking (3 min. Passenger Loading I M-F, 7amream and 1 pm-4pnij r145' of existing red curb "No Parking" for school buses r� 145' of existing red curb "No Parking" t< for MTS bus step , s • % Ya - Residential Notification Ares - i Install 74' of red curb allo Parking" for new NTS bus stop Remove $0' of red curb "No Parking°' for MTS bus stop Remove SO' of red curb "No Parking" for MATS bus stop Lincoln Acres School Install 1 O5' of rad curb "No Parking" for , _.. new FATS bus stop L+ gLI ejf • 1 1 6 t, x}:' -d ® One -Way Traffic Circulation .r 467 of 488 Remove 80' of existing red curb "No Parking" for MTS bus stop 82' of existing red curb "No Parking" for MTS bus stop Location of s rc,i osed One-Vtf v Traffic Circulation nn Grantte, ne rich rthsva4eh Granger Junior High School 310' of proposing angle parking (3 rain. Passenger Loading I M-F, lam -gam and 1pm-4pm) Location of proposed One -Way Traffic 468 of 488 Granger Avenue (looking northwest} Granger Junior High School 145' of existing red curb "No Parking" for school buses Location of proposed One -Way Traffic Circulation on Granger Avenue (looking northwest) Granger Junior High School 145' of existing red curb "No Parking" for MTS bus stop Remove SO' of existing red curb "No Parking" for MTS bus stop Location of proposed One -Way Traffic 469 of 488 Granger Avenue (looking southeast) 1 Granger Junior High School Remove 80' of existing red curb "No Parking" for MTS bus stop Location of proposed One -Way Traffic Circulation on Granger Avenue looking east) 145' of existing red curb "No Parking" for MTS bus stop 470 of 488 Location of proposed One -Way Traf )n Granger Avenue (looking south CC/CDC-HA Agenda 3/21/2017 — Page 471 The following page(s) contain the backup material for Agenda Item: Continued discussion on establishing a policy for selection of the Vice -Mayor. (City Manager) 471 of 488 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 21, 2017 AGENDA ITEM NO. ITEM TITLE: Continued discussion on establishing a policy for selection of the Vice -Mayor. PREPARED BY: Stacey Stevenson PHONE: 336-4308 EXPLANATION: The regular City Council meeting of December 20, 2016 included a noticed action item to select a Vice -Mayor. During the discussion of the item and the associated process, Councilmember Rios requested that an item be placed on the February 7, 2017 Council agenda for the Council to discuss enacting a policy for the selection of the Vice -Mayor. DEPARTMENT: City Manager APPROVED BY: On February 7, 2017, the City Attorney and the City Manager brought forward the requested item and included the results of a county -wide survey of other cities' practices for the selection of a vice -mayor. After reviewing and discussing the information, it was requested that staff bring back a chart of examples, including how the models followed in La Mesa and Imperial Beach would work. In response, staff has developed four models (attached), each following the same scenario of councilmember seniority and election cycles to illustrate how the Vice Mayor selection process would unfold over a six year period. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: There is no fiscal impact associated with this item. ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Provide direction to staff. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Vice -Mayor selection modeling February 7, 2017 agenda item: Discussion of establishing a policy for selection of the Vice -Mayor. 4/Z OT + b CALIFORNIA -- NATIONAL CITY 1,V,,ORPORaF$9 Vice Mayor Selection Modeling March, 2017 "Imperial Beach" Order of rotation: • Current councilmember who has not served as Vice Mayor • • • • • Councilmember elect with the most votes from the election Councilmember elect Current councilmember who just served as Vice Mayor After a councilmember serves one year as Vice Mayor, he/she will go to the bottom of the list and the others will move up one spot New elected/re-elected councilmembers will be placed on the list, after the current councilmember who has not served as Vice Mayor, in order of votes received Scenario: Councilmember A Councilmember B — Councilmember C — Councilmember D — Elected 2012, Re-elected 2016 Previously served as Vice Mayor in 2015 Elected 2014 Current Vice Mayor (2016) Elected 2014 — Elected 2016 Year 2016 (election year): Order (for 2017): Councilmember C Councilmember D Councilmember A Councilmember B • Current councilmember who has not served as Vice Mayor • Councilmember elect with the most votes from the election • Councilmember elect • Current councilmember who just served as Vice Mayor • After a councilmember serves one year as Vice Mayor, he/she will go to the bottom of the list and the others will move up one spot • New elected/re-elected councilmembers will be placed on the list, after the current councilmember who has not served as Vice Mayor, in order of votes received Councilmember C will be Vice Mayor 473 of 488 Year 2017 Order (for 2018): Councilmember D Councilmember A Councilmember B Councilmember C • Current councilmember who has not served as Vice Mayor • Councilmember elect with the most votes from the election • Councilmember elect • Current councilmember who just served as Vice Mayor • After a councilmember serves one year as Vice Mayor, he/she will go to the bottom of the list and the others will move up one spot • New elected/re-elected councilmembers will be placed on the list, after the current councilmember who has not served as Vice Mayor, in order of votes received Councilmember D will be Vice Mayor Year 2018 (election year) Councilmembers B and C were re-elected. Everyone has now served as Vice Mayor. Order (for 2019): Councilmember A Councilmember B or C Councilmember C or B Councilmember D The order of Councilmembers B and C is dependent on the number of votes they received in the election • Current councilmember who has not served as Vice Mayor • Councilmember elect with the most votes from the election • Councilmember elect • Current councilmember who just served as Vice Mayor • After a councilmember serves one year as Vice Mayor, he/she will go to the bottom of the list and the others will move up one spot • New elected/re-elected councilmembers will be placed on the list, after the current councilmember who has not served as Vice Mayor, in order of votes received Councilmember A is next up in the rotation and will be Vice Mayor Vice -Mayor Modeling Page 2 of 10 474 of 488 Year 2019 Order (for 2020): Councilmember B or C Councilmember C or B Councilmember D Councilmember A • Current councilmember who has not served as Vice Mayor • Councilmember elect with the most votes from the election • Councilmember elect • Current councilmember who just served as Vice Mayor Councilmember B or C will be the Vice Mayor: whichever received the higher vote count of the two in the 2018 election Year 2020 (election year) Councilmember A was unseated. There is a newly elected councilmember. Councilmember B was re-elected. Councilmembers B, C and D have all served as Vice Mayor. Order (for 2021): Councilmember B or C Councilmember D Councilmember A Councilmember B or C • Current councilmember who has not served as Vice Mayor • Councilmember elect with the most votes from the election • Councilmember elect • Current councilmember who just served as Vice Mayor • After a councilmember serves one year as Vice Mayor, he/she will go to the bottom of the list and the others will move up one spot • New elected/re-elected councilmembers will be placed on the list, after the current councilmember who has not served as Vice Mayor, in order of votes received Councilmember B or C will be the Vice Mayor, whichever one wasn't the Vice Mayor in 2020. Table: "Imperial Beach" Model by Year Year Councilmember A Councilmember B Councilmember C Councilmember D 2015 x 2016 x 2017 x 2018 x 2019 x x 2020 x x Vice -Mayor Modeling Page 3 of 10 475 of 488 "La Mesa" Order of Rotation: • The councilmember with the most seniority who has not been Vice Mayor in the last three consecutive years. • In the event two or more councilmembers have equal seniority and have not been Vice Mayor in the last three consecutive years, the councilmember with the most votes in their regular election shall serve as Vice Mayor. Scenario: Councilmember A Councilmember B — Councilmember C — Councilmember D — Elected 2012, Re-elected 2016 Previously served as Vice Mayor in 2015 Elected 2014 Current Vice Mayor (2016) Elected 2014 — Elected 2016 Year 2016 (election year) Order (for 2017): Councilmember C Councilmember D Councilmember A Councilmember B Councilmember C will be Vice Mayor (Councilmember A has been Vice Mayor within the last 3 consecutive years. Councilmembers B and C are tied in seniority but Councilmember B is the current Vice Mayor) Year 2017 Order (for 2018): Councilmember D Councilmember A Councilmember B Councilmember C Councilmember D will be Vice Mayor Vice -Mayor Modeling Page 4 of 10 476 of 488 Year 2018 (election year) Councilmembers B and C were re-elected. Order (for 2019): Councilmember A Councilmember B Councilmember C Councilmember D Councilmember A will be Vice Mayor (Councilmember A has seniority and has not been the Vice Mayor in the last three consecutive years) Year 2019 Order (for 2020): Councilmember B Councilmember C Councilmember D Councilmember A Councilmember B will be Vice Mayor Year 2020 (election year) Councilmember A was unseated. There is a newly elected councilmember. Councilmember B was re-elected. Order (for 2021): Councilmember C Councilmember D Councilmember A Councilmember B Councilmembers C and D have seniority over the newly elected councilmember A. Councilmember C will be Vice Mayor as he/she has not been Vice Mayor in the last three consecutive years while D has. Table: "La Mesa" Model by Year Year Councilmember A Councilmember B Councilmember C Councilmember D 2015 x 2016 x 2017 x 2018 x 2019 x 2020 x Vice -Mayor Modeling Page 5 of 10 477 of 488 "Seniority -based" — Version 1 (assumes any time already served by a currently seated councilmember will be factored into the rotation schedule) • The councilmember with the most seniority who has not been the Vice Mayor in the last year. • When seniority is tied, the councilmembers will be ranked in order by the number of votes, highest to lowest, from the election. • After a councilmember serves one year as Vice Mayor, he/she will go to the bottom of the list and the others will move up one spot. • A councilmember may not serve as Vice Mayor during his/her first year in office. Scenario: Councilmember A — Elected 2012, Re-elected 2016 Previously served as Vice Mayor in 2015 Councilmember B — Elected 2014 Current Vice Mayor (2016) Councilmember C — Elected 2014 Councilmember D — Elected 2016 Year 2016 (election year) Order (for 2017): Councilmember C Councilmember D Councilmember A Councilmember B Councilmember C will be Vice Mayor (Councilmember A has the most seniority but has already served as Vice Mayor. Councilmembers B and C are tied in seniority but Councilmember B is the current VM) Year 2017 Order (for 2018): Councilmember D Councilmember A Councilmember B Councilmember C Councilmember D will be Vice Mayor Vice -Mayor Modeling Page 6 of 10 478 of 488 Year 2018 (election year) Councilmembers B and C were re-elected. Order (for 2019): Councilmember A Councilmember B Councilmember C Councilmember D Councilmember A will be Vice Mayor (Councilmember A has seniority and has not been the Vice Mayor in the last year) Year 2019 Order (for 2020): Councilmember B Councilmember C Councilmember D Councilmember A Councilmember B will be Vice Mayor Year 2020 (election year) Councilmember A was unseated. There is a newly elected councilmember. Councilmember B was re-elected. Order (for 2021): Councilmember C Councilmember D Councilmember B Councilmember A Councilmember C will be Vice Mayor as he/she has the most seniority. As a newly elected Councilmember, Councilmember A is placed at the bottom of the seniority list and will be eligible for Vice Mayor in 2023 (his/her third year in office) Table: "Seniority" Model —Version 1 by Year Year Councilmember A Councilmember B Councilmember C Councilmember D 2015 x 2016 x 2017 x 2018 x 2019 x 2020 x Vice -Mayor Modeling Page7of10 479 of 488 "Seniority -based" — Version 2 (assumes the seniority rotation plan begins with the first Vice Mayor term following adoption of the policy regardless of any previous appointment to Vice Mayor of currently seated councilmembers) • The councilmember with the most seniority who has not been the Vice Mayor in the last year. • When seniority is tied, the councilmembers will be ranked in order by the number of votes, highest to lowest, from the election. • A councilmember may not serve as Vice Mayor during his/her first year in office. • After a councilmember serves one year as Vice Mayor, he/she will go to the bottom of the list and the others will move up one spot. Scenario: Councilmember A — Elected 2012, Re-elected 2016 Previously served as Vice Mayor in 2014 Councilmember B — Elected 2014 Current Vice Mayor (2015)* Councilmember C — Elected 2014 Councilmember D — Elected 2016 * received more votes than councilmember C Year 2016 (election year) Order (for 2017): Councilmember A Councilmember B Councilmember C Councilmember D Councilmember A will be Vice Mayor Year 2017 Order (for 2018): Councilmember B Councilmember C Councilmember D Councilmember A Councilmember B will be Vice Mayor Vice -Mayor Modeling Page 8 of 10 480 of 488 Year 2018 (election year) Councilmembers B and C were re-elected. Order (for 2019): Councilmember C Councilmember D Councilmember A Councilmember B Councilmember C will be Vice Mayor Year 2019 Order (for 2020): Councilmember D Councilmember A Councilmember B Councilmember C Councilmember D will be Vice Mayor Year 2020 (election year) Councilmember A was unseated. There is a newly elected councilmember. Councilmember B was re-elected. Order (for 2021): Councilmember B Councilmember C Councilmember D Councilmember A Councilmember B will be Vice Mayor as he/she has the most seniority. As a newly elected Councilmember, Councilmember A is placed at the bottom of the seniority list and will be eligible for Vice Mayor in 2023 (his/her third year in office) Table: "Seniority" Model —Version 2 by Year Year Councilmember A Councilmember B Councilmember C Councilmember D 2015 x 2016 x 2017 x 2018 x 2019 x 2020 x Vice -Mayor Modeling Page 9 of 10 481 of 488 COMPARISON OF TABLES BY MODEL Table: "Imperial Beach" Model by Year Year Councilmember A Councilmember B Councilmember C Councilmember D 2015 x 2016 x 2017 x 2018 x 2019 x x 2020 x x Table: "La Mesa" Model by Year Year Councilmember A Councilmember B Councilmember C Councilmember D 2015 x 2016 x 2017 x 2018 x 2019 x 2020 x Table: "Seniority" Model —Version 1 by Year Year Councilmember A Councilmember B Councilmember C Councilmember D 2015 x 2016 x 2017 x 2018 x 2019 x 2020 x Table: "Sen ority" Model —Version 2 by Year Year Councilmember A Councilmember B Councilmember C Councilmember D 2015 x 2016 x 2017 x 2018 x 2019 x 2020 x Vice -Mayor Modeling Page l0 of 10 482 of 488 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 7, 2017 AGENDA ITEM NO. ITEM TITLE: Discussion of establishing a policy for selection of the Vice -Mayor. PREPARED BY: Leslie Deese, City Manager George H. Eiser, III, Interim City Attorney PHONE: EXPLANATION: Ext. 4242 Ext. 4222 Please see attached memorandum. ❑EPARTMENT: City Manager City Attorney APPROVED BY- 14 APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: STAFF RECOMMENDATION: Provide direction to staff. FINAL ADOPTION: APPROVED: APPROVED: Finance MIS BOARD r COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Memorandum Survey of other cities' practices Written policies from the Cities of Del Mar and Imperial Beach 483 of 488 TO: +3. CALIFORNIA atyq u co.pp.RATED MEMORANDUM Mayor and City Council DATE: January 30, 2017 FROM: City Manager Interim City Attorney SUBJECT: Discussion of Establishing a Policy for Selection of the Vice -Mayor At the December 20, 2016 City Council meeting, the Council acted to select a Vice -Mayor. At the meeting, Councilrnember Rios requested that an item be placed on the February 7 City Council agenda for the Council to discuss enacting a policy for selection of the Vice -Mayor. Because National City is a general law city, selection of the Vice -Mayor is governed by Sections 36801 and 34905 of the California Government Code. Section 36801 provides: The city council shall meet at the meeting at which the declaration of the election results for a general municipal election is made pursuant to Sections 10262 and 10263 of the Elections Code and, following the declaration of the election results and the installation of elected officials, choose one of its number as mayor, and one of its number as mayor pro tempore. [Referred to as the "vice -mayor" in National City.] Because National City has a directly elected Mayor pursuant to Title 4, Division 2, Article 3 of the Government Code, the provisions of Section 36801 pertaining to the City Council selecting the Mayor do not apply; the Council selects only the Vice -Mayor. Section 34905, located in those sections of the Government Code pertaining to directly elected mayors, provides: A mayor pro tempore shall be chosen in the manner provided by Section 36801. Government Code Section 36802 provides that the mayor shall preside at the meetings of the council; that if the mayor is absent or unable to act, the mayor pro tempore shall serve until the mayor returns or is able to act; and that the mayor pro tempore has all of the powers and duties of the mayor. 1243 National City Boulevard; National City, California 91950-4397 Tel.: (619) 336-4220 Fax: (619) 336-4327 484 of 488 Section 36801 provides for the selection of a vice -mayor with the declaration of election results, i.e., at least every two years, but that section does not preclude a vice -mayor being selected more frequently. To assist the City Council in its discussion, staff conducted a countywide survey of other cities' practices for the selection of a vice -mayor, variously referred to as "vice -mayor, "mayor pro tem", or "deputy mayor"; the responses of 12 cities are attached to this report. Two cities — Del Mar and Imperial Beach — have written policies, which are also attached. Leslie Deese City Manager Attachments George H. Eiser, ill Interim City Attorney February 7, 2017 '1 Staff Deport City Council Meeting Discussion: Policy for Selection of the Vice -Mayor 485 of 488 - GALIFORP IA - ciry izz.v.i 14,10111-OR Atl° County -wide Survey Results: Selection of Vice Mayor December, 2016 City Policy Title Comments Carlsbad Mayor Pro Tem The City Council shall meet on the first Tuesday after the general municipal election and choose one of its members as Mayor Pro Temporc- Coronado Mayor Pro Tem The City Council shall consider the selection clone of its members as Mayor Pro Tempore. The Mayor Pro Tempore shall serve a term of one year, or until a successor for the position is chosen. Three affirmative votes shall be required to choose or change the Mayor Pro Tempore. The above indicates the term is one year or until a successor for the position is chosen. Typically, the Mayor Pro Tempore is appointed when a new city council is seated and, since there is an election every two years, their term is generally two years. Del Mar X Deputy Mayor The Mayor and Deputy Mayor are selected by the council. It is the tradition to place the top two vote getters in any one election into a queue to rotate into the position of Mayor and Deputy Mayor. Fi Cajon Mayor Pro Tem The Mayor Pro Tem is selected on the second Tuesday in December by a majority of the council- The Mayor Pro Tem shall set we at the will of the majority of the council or until the expiration oldie normal term. Escondido Deputy Mayor 1. The city council shall meet on the first Wednesday following certification of the results of the general municipal election and select a Deputy Mayor by appointment from among the councilmembers; 2. Selection of the Deputy Mayor will be done on a rotating basis with priority given to the most senior councilmember who has never served as Deputy Mayor. If two (2) new councilmembers are elected at the same time, the one (1) with the highest votes shall have first preference in the selection. After all councihncrrrbers serve one (1) term as deputy mayor, the selection shall revert to a normal rotation process; 3. The Deputy Mayor shall serve until a new appointment is made in accordance with this section. Imperial Beach X Mayor Pro Tem The Mayor Pro Tem shall serve on a rotating basis so that each Councilrnember serves one year as as Mayor Pro Tem during his/her four year teen. Order of rotation: current councilmember who has not served as Mayor Pro Tem; councilmember elect with the most votes from the election; councilmember elect; current councilmember who just served as Mayor Pro Tem.. La Mesa Vice Mayor The office of the Vice Mayor will be rotated among all the members of the city council. The term of each member shall be one year beginning the second Tuesday of August one year and ending on the Monday before the second Tuesday the next August. The Vice Mayor will be the councilmember with the most seniority who has not been Vice Mayor in the last three consecutive years. In the event two or more councilmembers have equal seniority and have not been Vice Mayor in the last three consecutive years, the councilmember with the most votes in their last regular election shall serve as Vice Mayor. Lemon Grove Vice Mayor Rotated annually. Oceanside Deut Mayor p y y Appointed by the Mayor and confirmed by the Council at the first regular meeting in December of each y ear. San Marcos May o: Prtl Tent Per Sun Marcos Municipal Code (SMMC) 2.08.040 Designation of Mayor Pro Tem - In order to expedite the orderly procedure of the City Council meetings in the event the Mayor cannot be present, the City Council shall elect one member of the City Council who shall act as Mayor pro tem in the absence of the Mayor. The Council makes the appointment in January ofeach year. No term limits. Santee Vice Mayor The position of Vice Mayor is a one year terin. Eligibility: councilmembers are not eligible until they have served at least one year of current term; not eligible if they have already served as Vice Mayor during their current terra in office. The eligible councilmember who had the most votes in the last election in which he/she was a candidate shall be elected Vice Mayor, Vista Depute, Mayor One year tcmt conunencing on January I ofeach year. During year in which there is a General Election held to elect one or more councilmembers, the Council shall consider the appointment/reappointment of one of its members as Deputy May or- in all other years the Council shall consider the appointment or re -appointment for the following year at the first regular full meeting of the Council held in the month of December of the immediately preceding year. 486 of 488 CITY OF DEL MAR CITY COUNCIL POLICY BOOK SELECTION OF MAYOR AND DEPUTY ATE �tEVts D: BY RESOLUTION: 2014-92 MAYOR PAGES: 1 OF 1 POLICY: Del Mar Municipal Code, Section 2.20.020 A and B, addresses when the City Council shall meet to install newly elected Council members and states that its members shall choose one of its members as Mayor and one, of its members as Deputy Mayor by motion ofthe Council and three .tffirmative votes. It further stales that the Mayor and the Deputy Mayor shall serve a term of one year, or until a successor for each position is chosen. 1. The Mayor and Deputy Mayor are members of the City Council and are annually elected by majority vote of the City Council at the first regular meeting in December or, in the case of an election year, upon certification of the election results. As a member, of the City Council, the Mayor and Deputy Mayor shall have all the powers of a member. 2. In choosing the Mayor and Deputy Mayor, it is the tradition of the Council to place the top two vote getters in any one election into a queue to rotate into the position of Mayor and Deputy Mayor. In each City Council election, the person with the most votes shall be placed first in the rotation of that group, the second highest vote getter will be placed second, and in the years when there is a third seat contest, the third highest vote getter will he placed third in that rotation. However, the Council member who received the third most votes in an election year filling three seats will not be in the queue for either Deputy Mayor or Mayor but would be in rotation should the Council member traditionally rotating into the Deputy Mayor or Mayor position be unavailable to serve in that role. 3. In case of appointment to the City Council to fill a vacancy, that person will occupy the last position in the current rotation. Bach new election will determine the rotation only for the group in that election. Should any City Council member not be available to take their regular place in the established rotation, the next person in the rotation will be elevated to the Deputy Mayor's position and the rotation will continue as previously set. 4. In the event there are members of the City Council appointed in lieu of an election, the appointed City Council members will go into a Mayoral rotation based on tenure (seniority) on the City Council. The City Council member with the most tenure on the City Council will be placed first in the rotation of that group. If no seniority exists (e.g, members have the same tenure), then the appointed City Council members will be rotated based on a coin toss conducted at a publicly noticed meeting. 487 of 488 CITY OF IMPERIAL BEACH COUNCIL POLICY SUBJECT: Rotation of Mayor Pro Tempare Duties POLICY NUMBER EFFECTIVE DATE PAGE 112 3/4/92 1 of 1, ADOPTED BY: Resolution 92-4085 DATED: March 4, 1992 On March 4, 1992, the City Council resolved to establish the following policy: 1. The mayor pro tempore will be selected, and have the powers and duties, as specified in Section 2.10 of the Imperial Beach Municipal Code. 2. The mayor pro tempore will be seated at the first council meeting in January. 3. The mayor pro tempore shall serve on a rotating basis so that each councilmember serves one (1) year as mayor pro tempore during his/her four (4) year term. 4. The councilmember chosen to be mayor pro tempore each year will be the councilmember on the top of the rotation list, which will be established and maintained as follows: a. After each election, the rotation list will be established as follows (in line to serve as mayor pro tempore from top to bottom): (1) Current councilmember (One who has not served as mayor pro tempore), (2) Caunciimember Elect (One with most votes from previous election). (3) Councilmember Elect. (4) Current councilmember (One who just completed one (1) year as mayor pro tempore). b. After a councilmember serves one (1) year as mayor pro tempore, he/she will go to the bottom of the list and the others will move up one (1) spot. Q. Newly elected/re-elected councilmembers will be placed on the list, after the current councilmember who has not served as mayor pro tempore, in order of votes received. 488 of 488