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Draft Agenda Packet - 06-06-17 CC HA (2)
AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY CALIFORNIA NATIONAL CI S INCORPORATED RON MORRISON Mayor 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, JUNE 6, 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 443 CC/CDC-HA Agenda 6/6/2017 — 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 443 CC/CDC-HA Agenda 6/6/2017 — 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. 2017 Emergency Medical Service Scholarship Award Winners - Phillip Blain Brandon, Julio Angel Cesena, and Roberto Rodriguez Vargas. (Fire) PRESENTATIONS 2. National City Tourism Marketing District (TMD) (Jacqueline Reynoso) 3. 7th Annual "Career Pathways to Success" Job Fair — President, National City Chamber of Commerce. 4. Brightside Produce Distribution to National City Stores INTERVIEWS / APPOINTMENTS CONSENT CALENDAR - Final Report 2016. Jacqueline Reynoso, 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) 6. Resolution of the City Council of the City of National City authorizing the Mayor to sign the Fourth Amendment to the Agreement by and between the City of National City and American Medical Response Ambulance Service, Inc. to continue to provide basic and advanced life support ambulance transportation services effective July 1, 2017 for a period of two years. (Fire) 3 of 443 CC/CDC-HA Agenda 6/6/2017 — Page 4 7 Resolution of the City Council of the City of National City authorizing the City Manager to sign an Agreement with the City of Chula Vista for general animal control, shelter, and related administrative services to the residents of National City for a total not to exceed $422,086 for a one (1) year term commencing June 1, 2017 with options to extend for two (2) additional one (1) year terms. (Police) 8. Resolution of the City Council of the City of National City authorizing the Mayor to execute the Grant Assurances for the FY16 State Homeland Security Grant Program, and authorizing the establishment of an appropriation and corresponding revenue budget in the amount of $52,883 from the FY16 State Homeland Security Grant Program for a reimbursable grant purchase of equipment for the Police and Fire Departments. (Fire) 9. Resolution of the City Council of the City of National City authorizing the acceptance of $3,000 from American Medical Response, and the establishment of an appropriation and corresponding revenue budget in the amount of $3,000 for the purpose of awarding three 2017 Emergency Medical Service Scholarships to pursue training in Fire Service or Prehospital Care such as Emergency Medical Technician and/or Paramedic. (Fire) 10. Resolution of the City Council of the City of National City: 1) accepting the work performed by Portillo Concrete, Inc. for the E 16th Street and Grove Street Pedestrian Enhancements Projects, CIP No. 16-03; 2) approving the final contract amount of $98,418.50; 3) ratifying the release of retention in the amount of $4,920.92; and 4) authorizing the Mayor to sign the Notice of Completion for the project. (Engineering/Public Works) 11. Resolution of the City Council of the City of National City approving the Park Lofts Subdivision Map, Case File Number 2012-03 S, and authorizing the Mayor and City Clerk to sign map. (Engineering/Public Works) 12. Resolution of the City Council of the City of National City authorizing fund appropriations for the Beverage Container Recycling City/County Payment Program from the California Department of Resources Recycling and Recovery (CalRecycle) for FY14 through FY16.(Engineering/Public Works) 13. Resolution of the City Council of the City of National City: 1) accepting the work performed by Western Rim Constructors, Inc. for the Kimball, El Toyon and Kimball Skate Park Improvements Projects, CIP No. 15-04; 2) approving the final contract amount of $3,770,433.87; 3) ratifying the release of retention in the amount of $96,865.91; and 4) authorizing the Mayor to sign the Notice of Completion for the project. (Engineering/Public Works) 4 of 443 CC/CDC-HA Agenda 6/6/2017 — Page 5 14. Resolution of the City Council of the City of National City: 1) accepting the work performed by West -Tech Contracting, Inc. for the Paradise Creek Restoration Project, CIP No. 15-05; 2) approving the final contract amount of $1,671,952.06; 3) ratifying the release of retention in the amount of $83,597.60; and 4) authorizing the Mayor to sign the Notice of Completion for the project. (Engineering/Public Works) 15. Resolution of the City Council of the City of National City authorizing the City Manager to execute an Agreement between the City of National City and National School District to provide swim lessons for third grade students at Las Palmas Pool during the school year 2017-2018 in the amount of $40,000, with an option to mutually extend the agreement for two additional one year terms. (Community Services) 16. Resolution of the City Council of the City of National City approving the Annual Report for Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2017/18. (Planning) 17. Resolution of the City Council of the City of National City initiating proceedings for the levy and collection of assessments for Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2017/18. Planning) 18. Resolution of the City Council of the City of National City declaring its intention to conduct a public hearing on June 20, 2017 and to levy and collect assessments for Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2017/18. (Planning) 19. 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 $1,780,325.57 for the Westside Mobility Improvements Project, CIP No. 17-04; 2) authorizing a 15% contingency in the amount of $267,048.83 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. (Engineering/Public Works) 20. Resolution of the City Council of the City of National City, 1) authorizing the Mayor to execute a two-year Agreement with Project Professionals Corporation for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management; engineering; construction management, inspections and certified payroll; plan reviews; constructability reviews; community outreach and communications; and legal support for public works contracts and/or disputes; and 2) authorizing the City Manager to execute any project -specific supplemental agreements, as may be required for grant funded projects. (Engineering/Public Works) 5 of 443 CC/CDC-HA Agenda 6/6/2017 — Page 6 21. Resolution of the City Council of the City of National City, 1) authorizing the Mayor to execute a two-year Agreement with Innovative Construction Consulting Services (ICCS) for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management; engineering; construction management, inspections and certified payroll; plan reviews; constructability reviews; community outreach and communications; and 2) authorizing the City Manager to execute any project -specific supplemental agreements, as may be required for grant funded projects.(Engineering/Public Works) 22. Resolution of the City Council of the City of National City, 1) authorizing the Mayor to execute a two-year Agreement with D-Max Engineering, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management; engineering; environmental planning, compliance and assessments; construction support; plan reviews; community outreach and communications; and 2) authorizing the City Manager to execute any project -specific supplemental agreements, as may be required for grant funded projects. (Engineering/Public Works) 23. Resolution of the City Council of the City of National City, 1) authorizing the Mayor to execute a two-year Agreement with STC Traffic, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management; engineering; architecture; construction management and inspections; traffic signal communications infrastructure and systems integration; land surveying; environmental assessments; geotechnical; construction support; plan reviews; community outreach and communications; and 2) authorizing the City Manager to execute any project -specific supplemental agreements, as may be required for grant funded projects. (Engineering/Public Works) 24. Resolution of the City Council of the City of National City, 1) authorizing the Mayor to execute a two-year Agreement with Kimley-Horn and Associates, Inc. for a not -to -exceed amount of $2,000,000 to provide on - call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management; engineering; architecture; land surveying; environmental assessments; geotechnical; construction support; plan reviews; community outreach and communications; and 2) authorizing the City Manager to execute any project -specific supplemental agreements, as may be required for grant funded projects. (Engineering/Public Works) 25. Investment Report for the quarter ended March 31, 2017. (Finance) 6 of 443 CC/CDC-HA Agenda 6/6/2017 — Page 7 26. Warrant Register #42 for the period of 04/12/17 through 04/18/17 in the amount of $1,199,110.67. (Finance) 27. Warrant Register #43 for the period of 04/19/17 through 04/25/17 in the amount of $1,823,234.15. (Finance) PUBLIC HEARINGS 28. Public Hearing — Tentative Subdivision Map for a mixed -use condominium project to be located at 341 East 30th Street. (Applicant: Raintree Residential, LLC) (Case File 2016-23 S) 29. Public Hearing —Weed Abatement: Hearing of the Confirmation of Costs and consideration of report, account and any objections or protests regarding abated properties in National City Parcel Numbers 554 112 15 00, E. 2nd St.; 555 116 07 00, 1140 Hoover Ave.; 556 103 19 00, 229 E 3rd St.; 556 412 11 00, 926 E 6th St.; 557 172 09 00, 1302-1306 E 8th St.; 557 410 26 00, Palm Ave.; 558 022 01 00, 807 Arcadia PI.; 558 320 21 00, Rachael Ave.; 558 320 22 00, 2112 Rachael Ave.; 560 161 04 00, 232 E. 16th St..; 560 292 07 00, 2026 D Ave.; 561 154 10 00, 1737 Grove St.; 561 160 21 00, 2240 E. 16th St.; 564 010 55 00, Fenton Place; per National City Municipal Code 9.12.020 — Public Nuisance Declared — Weeds and Other Flammable Materials. (Fire) 30. A Public Hearing to consider a rate adjustment for refuse services including recycling and yard waste disposal provided to National City residences and businesses by EDCO Disposal Corporation. (Engineering/Public Works) ORDINANCES FOR INTRODUCTION ORDINANCES FOR ADOPTION NON CONSENT RESOLUTIONS 31. A Resolution of the City Council of the City of National City approving an Amendment to the Agreement between the City and EDCO Disposal Corporation to increase the monthly rates for refuse collection services. (Engineering/Public Works) 32. Resolution of the City Council of the City of National City approving a Tentative Subdivision Map for a mixed -use condominium project to be located at 341 East 30th Street. (Applicant: Raintree Residential, LLC) (Case File 2016-23 S) (Planning) 33. Resolution of the City Council of the City of National City taking action on a Conditional Use Permit for wholesale auto sales and accessory uses at 7 of 443 CC/CDC-HA Agenda 6/6/2017 — Page 8 2000 Roosevelt Avenue. (Applicant: Deborah Falk) (Case File No.: 2016- 10 CUP) (Planning) 34. Resolution of the City Council of the City of National City Authorizing the Execution of an Order of Vacation of the southerly 40 feet of East 15th Street and the alley between East 15th and 16th Streets related to the "Park Lofts" project located at 1509, 1531, 1535 National City Blvd. and 49 East 16th Street. (Applicant: Paradise Creek Holding Corporation) (Case File No. 2012-03 SC) (Planning) 35. Resolution of the City Council of the City of National City adopting a budget for Fiscal Year 2018 (Finance) 36. Resolution of the City Council of the City of National City approving and adopting the annual appropriation limit for Fiscal Year 2018 (Finance) NEW BUSINESS 37. Notice of Decision — Planning Commission approval of a Conditional Use Permit for beer and wine sales at Crab Fever located at 1420 East Plaza Boulevard Suite 2D. (Applicant: Steve Rawlings) (Case File 2017-07 CUP) Planning) 38. City Council discussion and direction on proposed Assembly Bill (AB) 1250, Counties and Cities: Contracts for Personal Services (Jones - Sawyer). Human Resources 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 8 of 443 CC/CDC-HA Agenda 6/6/2017 — Page 9 Regular Meeting of the National City City Council/Community Development Commission - Housing Authority of the City of National City - Tuesday - June 20, 2017 - 6:00 p.m. - Council Chambers - National City, California CITY COUNCIL SUMMER LEGISLATIVE RECESS July 4, 2017 - City Council Meeting - Dispensed With July 18, 2017 - City Council Meeting - Dispensed With 9 of 443 CC/CDC-HA Agenda 6/6/2017 — Page 10 The following page(s) contain the backup material for Agenda Item: 2017 Emergency Medical Service Scholarship Award Winners - Phillip Blain Brandon, Julio Angel Cesena, and Roberto Rodriguez Vargas. (Fire) 10 of 443 ITEM NO. 6/6/17 2017 EMERGENCY MEDICAL SERVICE SCHOLARSHIP AWARD WINNERS PHILLIP BLAIN BRANDON, JULIO ANGEL CESENA, AND ROBERTO RODRIGUEZ VARGAS (FIRE) 11 of 443 CC/CDC-HA Agenda 6/6/2017 — Page 12 The following page(s) contain the backup material for Agenda Item: National City Tourism Marketing District (TMD) - Final Report 2016. (Jacqueline Reynoso) 12 of 443 1\i't i National City Tourism Marketing District (TMD) Final Report 2016 ;�-, Public Relations — Ad for Automobile Heritage Day p,,go.s Gate t A M D t! Reader FREE ADMISSION FOR SPECTATORS! • THE CHAMBER 4 STAR NEWS , SATURDAY, AUGUST 27, 2016 9:00 AM - 3:00 PM KIMBALL PARK 12TH ST & D Ave NATIONAL CITY, CA 91950 14 of 443 411 I�- Public Relations - Auto Heritage Day Press Release Press Release was sent out to local media outlets. NATIONAL CITY AUTOMOBILE HERITAGE DAY IS BACK! AUGUST 27. 2016 Festival & Car Show Partners with Mile of Cars and SDG&E's Power Your Drive Program to Promote Electric Vehicles in Southern California The National City Chamber of Commerce is pleased to announce the 25th Annual Automobile Heritage Festival & Car Show to be held on Satur City (East 12th Street and D Avenue) ct 15 of 443 from 9 a.m. to 3 p.m.. at Kimball Park in National Ioi�jL.;G", Public Relations - Auto Heritage Day Positioned one announcement and one full article in the Union Tribune. SECTIONS CZ SEARCH ?'hc San tlicao Union -tribune 4 WEEKS FOR 994 SUBSCRIBE LOGIN WEDNESDAY SEP. 14, 2016 TODAYS PAPER CHARGERS OPINION NORTH COUNTY TRAFFIC JOBS HOMES CARS National City car show marks 25 years By Greg Moran . Contact Reporter AUGUST 27, 2016. 4:43 PM 40 72° Get free smart thermostats for your business and home today. ADVERTISEMENT AUTOMOBILE HERITAGE DAY - PROMOTION ON FACEBOOK o'ego,s Gate Join us at the 25th Annual Automobile Heritage Day Festival & Car Show today. #NationalCity #AutoShow #SanDiego -111A110iJAL_t' AUTOMOBILE HERITAGE DAY - PROMOTION ON FACEBOOK ert Performance Demographics Placement 1,257 Results: Post Engagements 18,115 People Reached $187.10 Amount Spent Custom 1,257 Results: Post Engagements $0.15 Cost per Result 6.10% Result Rate This Ad Create Similar Ad Ad Name Aug 25 Aug 26 Aug 27 Post: "" - Post Engagement Post Engagement > National City - 18. Results from 1 Ad Delivery r`y Results S3 • Not Delivering Ad Set Completed 1,257 Post Engage.. 1,257 Post Engage... Columns: Performance 800 600 400 200 0 50.20 50.15 50.10 Breakdown . Export Reach ra Cost (.6 Amount Spent 0 18.115 18,115 50.15 50.15 $187.10 $187.10 TULA Spent Ad o i p qrp.. Visit National City Sponsored Don't miss the 25th Annual National City Automobile Heritage Day this Saturday. We had a great time last year! #NationalCity 4AutoFestwal 24th Annual National City Automobile Heritage Day Festival Objective Pace See Post 2 See Instagram Post �2 18 of 443 �1 IoNIA!._-;�- Public Relations — Auto Heritage Day Landed an article in La Prensa Newspaper. LaSAN DIEGO SAN DIEGO"S ORIGINAL LATINO COMMUNITY NEWSPAPER www LnPronsa5D corn Featured Breaking News Stories Editorial and Commentary 39 YEARS OF PUBLICATION 1976-2015 Classifieds Car Fanatics Gather at Annual Automobile Heritage Day Festival September 1, 2016 by Ana Gomez Salcido Chevys from the '50s and even a DeLorean were part of the over 200 classic automobiles exhibited at the 25th annual automobile heritage day festival in National City this Saturday, August 27. More than 5,000 people enjoyed the free event held at Kimball Park which included food stands, entertainment, and even a magic show. Etc. Etc. Etc. 'It's a celebration, and an opportunity to take a look at a variety of vehicles from different genres, and eras in our history. Everything here goes back to the very beginning back when vehicles were first created and driven all the way to most recent cars," said Steve Lordigan, exhibit organizer. it's an awesome array of great cars on display that are the pride and joy of different individuals who have heart and soul into vehicles, and creating a piece of art." People enjoyed taking pictures of the cars and talking to the car owners that were present to know more about their rides. 19 of 443 Enter search keyword Dretos Read La Prensa SD Online VIDEo1 aV Ildeal para veC Qcualquier fiesta! CO �' Estilo limosina, aire S condicionado, 7 TVs pantalla ancha, lutes laser, 28 jugadores 619-993-4723 Ass i\jIr;C17 Public Relations — Auto Heritage Day Staffed TMD Booth at day of the event. Promoted National City Hotels. ,o� �-;�- Public Relations - Exitos del Cine Latino Coordinated Partnership with the Arts Media Center to promote Exitos del Cine Latino. Drafted the key message for the festival in Spanish. i • ONIAL:Cti °segos Gate�� HOME VISIT STAY GO NAVIGATE BY INTEREST BOOK NOW Home Blog The Latino Film Festival Experience Comes to South Bay This Summer The Latino Film Festival Experience Comes to South Bay This Summer L/' .r`-wvTir w A SUMMER CELEBRATION OF LATINO FILM, MI 1 , AND Mn PRESENTED BY WSJIIE'[d r'.A?APf'hrTA Seven Days of Latino Comedies, Action Films, & Dramas starring: Eugenio Derbez. Ana Claudia Talancbn. Ricardo Darin. Ximena Ayala. Luis Tosar. v mas! Exitos del Cine Latino 2016 Announces Full Film Line -Up and Schedule! 3 :IV iTION OF LATINO FILM, , AND ART! - SEPTEMBER 1ST 2016 Presented by Westfield Plaza Bonita We are thrilled to announce the complete film line-up and schedule for Exitos del Cine Latino 2016! From August 26th through September 1st. 14 features will make their Southbay premiere. including films starring Gael Garcia Bernal. Ricardo Darin. Ximena Ayala. Ana Claudia Talancon. Omar Chaparro. Martha Hqareda, among others at the Westfield Plaza Bonita Mall! And. in between your movies, make sure to dance and party with us! We've prepared an incredible schedule with live music & entertainment for you! Check it out: Opening Night Fiesta: Music. drinks. appetizers, and celebrities! Friday August 26th. 5:30PM-7:30PM 21 of 443 • rio Latino: FREE live music & performances! From Aug. 26th — September 1. on the 2nd floor of ia:d Plaza Bonita! Full entertainment schedule here. NjL.;C,.<,'y Public Relations — Exitos del Cine Latino 0,,ego s .3 Coordinated partnership with Televisa to promote Exitos del Cine Latino. Jacqueline Reynoso and actress Ximena Ayala were interviewed in National City. Drafted promotional campaign with Televisa from 8/19 to 8/26 an • 1N9LIRvr: A SUMMER CELEIRMiC 1 OF L tlllllll) 11 AUGUST 26TH - SEPTIM Seven Days a( Latino starring: Eugenio Darin, CZ DISCOVE HOTEL DEALS SAN DAEGO .iit IONIAL.;G�'y Public Relations - Exitos del Cine Latino 'b/Pro's Gat Coordinated partnership with Univision Radio to promote Exitos del Cine Latino. Jacqueline Reynoso was interviewed on the Viva Voz Radio Show. I°'AL2Lk - �, Public Relations - Mariachi Summit , !x blego.s Gate - TMD booked rooms for participants at NC hotels. Landed interview with the Union Tribune regarding Mariachi Summit. Designed ad for a special section in the Union Tribune. SECTIONS 4 SEARCH rChc fan Ticgo Union-ttribunc WEDNESDAY SEP. 14, 2016 TODAY'S PAPER CHARGERS OPINION NORTH COUNTY TRAFFIC JOBS HOMES CARS Mariachi for everyone Mariachi Vargas de Tecalitian will perforrn with the the San 1- Public Relations - Mariachi Summit - Landed interview with Vida Latina. Clima 73° F Trafico Reporte de Oleaje SAN DIEGO NOTICIAS ESPECTACULOS DEPORTES VIDA LATINA SD PROMOCIONES Mariachi para todos By Pablo J. Sainz l 11.32 a.m. Aug. 15, 2016 4189o.s Ga 1\1All6t7 Blog • NIA L'qvirCitt 44. I't 4 �iego•s G3te�a Updates (Press releases, events, etc.) HOME VISIT STAY GO NAVIGATE BY INTEREST BOOK NOW BLOG Home Archive by category "Slog" LA MAGNA EXHIBICION ANUAL DE AUTOMOVILES ANTIGUOS, MODERNOS Y DE COLECCION REGRESA A NATIONAL CITY ESTE 27 DE AGOSTO Posted by admin m B-og La Camara de Comercio National City hizo una alianza estrategica con la Mille de Carros y SDG&E para promover vehiculos etectricos en el sur de... NATIONAL CITY AUTOMOBILE HERITAGE DAY IS BACK! AUGUST 27, 2016 Posted by admin in Blog Festival & Car Show Partners with Mile of Cars and SDG&E's Power Your Drive Program to Promote Electric Vehicles in Southern California The National City... 44 MOO Orwoo rtr.,• .ao,.. i SE►TEMBE* 1St, 201b Exitos del Gine Latino 2016 Announces Full Film Line -Up and Schedule! Posted by admin in Blog Presented by Westfield Plaza Bonita We are thrilled to announce the complete film line-up and schedule for Exitos del Cine Latino 2016! From August 26th through September 1st,... Ccmmen: otf i Ira del Ailina %T$ WI Atm.( It Y, ,4D..i. Opening Night Party & Movie Premiere of Mexico's Hit New Comedy — El Tamano Si Importa F:s;r_c t'y acmi^..r. B:g Mingle with special guest actors (Mexico's film star Ximena Ayala) & filmmakers (Rata Lara) in celebration of Latino Cinema! Includes Live music (Giovanni Mejia and Diamante: Latin Classic... C-: IP. me ,if' 4 weeks ago 26 of 443 • °b/P90'S Gate NIAL:Ct/ San Ysidro Border Crossing - Electronic Billboards Our Megatron boards run 24 hours, 7 days a week, for a total of 144 spot per day. viO:f 4 f* , :Ai www.vlsltnationalcity.com �regds Ga�� GREAT SAVINGS Rooms & Reservations Best Western Plus Marina Gateway Book N. Restrictions apply, please call property tor details 10% OFF Rooms & Reservations Clarion South Bay Book Now Remotions apply. please cam property tor details Google Analytics GREAT SAVINGS Rooms & Reservations Carlill Auto Court r Book Now Restnceons apply, please cal property tor details GREAT SAVINGS Rooms & Reservations Motel 6 Book Now Restrictions apply. please cal propeny for details GREAT SAVINGS Rooms & Reservations VisitNationalCity.com received more than 6,194 unique visitors from 07/01/16 to 09/14/16 . Users 6,194 Unique visitors to website has spent time browsing information about National City, places to visit and more. Visitors interaction generated more than 9.828 pageviews. Pageviews 9,828 I-1 1. motel hotels I= 2. cheapest hotel rates f i 3. cheapest hotel fI n 0 n 4. holiday express hotels 5. motel in san diego 6. hotel and motel 7. hotels motels near 8. inn holiday 9. holliday inn express 0 10. hotel Clicks 4' 5,185 % of ►otal. 97.37% (5,325) 1,168 (22.53%) 1,078 (20.79%) 868 (16.74%) 238 (4.59%) 180 (3.47%) 175 (3.38%) 169 (3.26%) 112 (2.16°%.) 105 (2.03%) 93 (1.79%) • howard johnscn express Howard Johnson • best hotels Best Hotel • holliday inn express Holiday Inn Express #4 • inn holiday Holiday Inn Express #4 • hotels in national city Hotels National City • hotels near naval base Naval • hoteles e^ san diego Hotel San Diego mote san diego Cheap Motel - san diego nat cnal city motel Cheap Motel - national city • holiday inr Holiday Inn Express #4 ,�.� 30 of 443 .'lif _J—Id Hotels National City Expedia - Campaign begins on 9/19/16 0/ego.s G2te Expedia MediaSolutions Campaign Information 10 Date Oracle ID # Bill to Curren Expedia Co Title Phone Fax Email Visit National City 115599-45119/61/ 9/8/16 Advertiser LSD Brian Barton bbarton@expedia.com Advertiser Contact Information Advertiser Contact Name Title Address Email Phone Fax Visit National City Jacqueline Reynoso CEO 901 National City Blvd. National City California 91950 UNITED STATES reynoso@nationalcitychamber.org (619) 477-9339 Standard Advertising Insertion Order Agency Contact Information Agency Contact Name Title Address Email Phone Fax OYolrY�lw Site Im . ressions Gross Value Net Value Expedia Brands Portfolio (USA; Hotels.com (USA) Totals 2,687,500 246,732 $12, 750 54,250 $10,750 54,250 2.934.232 S17,000 S15,000 Placement Detail Product Placement Targeting Start Date End Date Impressions Gross CPM Net CPM Great Valve Net Valve • , /tn• MM/DO/YY Expedia Brands Portfolio (USA) 1.100465406 Hotels.com (USA) _t r 2.103500907 160x600, 300x250, 970x90, 728x90, 468x60, 300x50 160x600 Skyscraper EBP • • Link Off Geography INCLUDES [DMA Region / TV Region] [Los Angeles CA] 9/19/16 12/31/16 812,500 Hotels Results Left 1 Geography INCLUDES [DMA 9/19/16 :2/31/16 55,556 Region / TV Region] [Los Angeles CA] PAO $4.00 53,250 53,250 S18.00 518-00 S1,000 51,000 AND {Travel Geo IS (OEST - (Geo) TLA Destination] [SAN SDM, MYF, TIJ, SNA] } AJ oNiALt\ //VT ,°jPqo s cater" Expedia Campaign 33% growth in room nights and a YOY increase of over 250k in revenue. Expedia Production to selected Hotels on selected POS /27/2015 i12/31 /2011' 9/27/2016 -12/31 /2016 YoY Room Night 6,913 9,187 33% Hotel Gross Bookings $709,251 $961, 301 36% Average Daily Rat = $103 $105 2% Length of Sta 2.05 2.07 1 32 of 443 Expedia - Campaign begins on 9/19/16 Excluding Orbitz 19/27/2015 - 12131/2015 9/27/0' 121 1(2016 YoY Room Night 6,913 8,502 23% Hotel Gross Bookings $709,251 $894,969 26% Average Daily Rate $103 $105 3% Length of Sta 2.05 2.04 -0% 33 of 443 • '15/P90's Gate NIAL-zct Youtily Campaign It increased local search presence for all the properties helping to make easier for customer to find properties online. YoctiIy Youtily.com - National City Tourism Marketing Department Location Hotel Name (Business Name) Street City State Zip / Postal Code Main Phone Number Name Contact Phone Number 1 Best Western Plus Marina Gateway 800 Bay Marina Drive National City CA 91950 (619) 259-2800 ,Owner/Contact SANDERS JOHN {019}259-2800 / {95I y 551-3931 2 Carlil Auto Court 1414 Roosevelt Avenue National City CA 91950 (619) 434-1291 JENNINGS, SCOTT IPRESI {019}434•t 291 3 Clarion Hotel 700 National City Blvd. National City CA 91950 (619) 474-2800 FAN, JOSEPH (MANAGER) (619}474-2800 4Motel 6 1125 East Plaza Blvd National City CA 91950 (619) 477-4747 DESAI,HARSH (CEO) (619}477.4747 5 Holiday Inn Express 1645 East Plaza Boulevard National City CA 91950 (619) 474.2400 PATEL, SURESH {PRES} {019}474-2400 6 Howard Johnson Express 521 Roosevelt Ave National City CA 91950 (619) 474-6517 PATEL, RAMESH {019}474 0517 7 National City Motel 510 National City Blvd National City CA 91950 (619) 477-1673 PATEL, SFI/1NTItAL H (619}477-I073 8 Paradise Motel 1470 National City Blvd National City CA 91950 (619) 477-8769 IJIVERI, MAMESH N. {019}477-8709 9 Rodeway Inn National 607Roosevelt Ave National City CA 91950 (619) 474-7502 PATEL, MANISH N {019{474-7562 10 Cassia Hotels 425 Roosevelt Ave National City CA 91950 (619) 474-8811 PATEL, SOMA (PRESI {019}474•881t 11 Super 8 2435 Sweetwater Rd. National City CA 91950 (619) 470-8877 PATEL, HEW. I (OFFICER) (619}470 8877 12 Stardust Inn 1700 East Plaza Boulevard National City CA 91950 (619) 474-6491 JARTWALA,MUKESH & RAJNIK/ {019)474.0491 34 of 443 Ai 0NiA14tVj CALIFORNIA STATE GAMES About Us Important Dates Our Team Rules & Regulations Contact Us FAQ California State Games — Gold Sponsor email signup 00 HOME SUMMER GAMES WINTER GAMES OTHER PROGRAMS ABOUT US CSG Partners SCE tm SAN DIEGO TOURISM MARKETING DISTRICT Gold Sponsors �e90 s c�sQ� 35 of 443 Facebook - 4,758 Followers Visit National City i Published by Tayde Aburto [?] - Yesterday at 11:30am - Promoting #NationalCity: Dennis DuBard, NASSCO; Ramesh Patel, Howard Johnson Hotel; Fabian Rodriguez, National City Chamber of Commerce and Elizabeth Handley, Fleet Week Committee. 690 people reached ik Like — Comment Share 36 of 443 vtr Visit National City Published by Tayde Aburto [?] • September 1 at 9:50am • 1474 Hoy es el ultimo dia del festival de "Exitos del Cine Latino" no se to pierdan. #NationalCity #FilmFestival #SanDiego San Diea Latino Film Festival 1 San Diego Latino Film Festiv ��11AlioNiALitztJam" V lA UISTA CAFE BRYSHORE MEMORIAL PRRH BIHEIURY LA Fla ►ire•r11117nnrr viit N1A110. NAL „party 'atevo's Gat Visit National City @VisitNatIC 1,600 Followers on Twitter 1 ET1RRIflA . GA #LliSI10H1ionnt 1T RTIOflRL CITV1!'-«� RAIL DEPOT �'��,�: r• :;�,1 STEIfl FAFT1ILY Visit National City is focused on promoting National City, second -oldest city in #SanDiego County and one of its best destinations. Follow #VisitNationalCity. 9 National City, California VisitNationalCity.com Joined May 2012 ni 181 Phntns and videos TWEETS FOLLOWING 1,592 1,398 FOLLOWERS LIKES LISTS 1,598 90 5 Tweets Tweets & replies Media Visit National City:VisitNatlCity • now Promoting #NationalCity! #VisitNationalCity #SanDiego #California A{DAL7 O�G Thank You 38 of 443 CC/CDC-HA Agenda 6/6/2017 — Page 39 The following page(s) contain the backup material for Agenda Item: 7th Annual "Career Pathways to Success" Job Fair — Jacqueline Reynoso, President, National City Chamber of Commerce. 39 of 443 REPORT TO CITY COUNCIL 7th Annual "Career Pathways to Success" Job Fair Presented by the National City Chamber of Commerce and South County Career Center Report prepared by: Jacqueline L. Reynoso, President/ CEO Contributors: Fabian Rodriguez, Kenneth Campbell, and Diane Rose 40 of 443 May 19, 2017 REPORT TO CITY COUNCIL 7th Annual "Career Pathways to Success" Job Fair SUMMARY The National City Chamber of Commerce partnered with the City of National City, the Small Business Development Center, and the South County Career Center, Business Services division to deliver the 7th Annual "Career Pathways to Success" Job Fair. The job fair was held at the Martin Luther King Jr. Community Center located at 140 East 12th Street, National City, CA 91950. The event date was Wednesday, April 12, 2017. Close to 500 job seekers attended the job fair. Based on a sample of respondents, 14% of the job seekers were National City residents. Compared to 2016, we saw a 27% decrease in job seeker attendance. Contrary to data from other events, this was a positive indicator demonstrating a decreased demand for local employment. "National City is taking a proactive approach to reduce the City's unemployment rate. We are working to create a thriving community by connecting residents to employment opportunities. The city approved this annual job fair as a city co -sponsored event due to its success and impact in our community." -Leslie Deese, City Manager, National City Since the job fair's inception in 2011, the City's unemployment rate has dropped significantly from 20% to 5.4% in 2017. According to SANDAG, "the growth in population will drive job growth and housing demand within the region — adding nearly 500,000 jobs and more than 330,000 housing units by 2050." This job fair is organized annually to promote job creation and economic development in National City. Seventy-three (73) area employers from the healthcare services, hospitality sector, automotive, maritime industry, retail, as well as other key industry sectors participated in the job fair. Employers offered employment opportunities for over 2,000 local jobs. The Small Business Development Center at Southwestern College hosted the onsite Entrepreneurship Center (EC). The EC featured representatives from three (3) economic development agencies including ACCION San Diego, Small Business Development Center, and City of National City. 41 of 443 Page 12© May 19, 2017 NATIONAL CITY, CA UNEMPLOYMENT RATES The current unemployment rate for National City is 5.4% as reported in February 2017 by the U.S. Bureau of Labor Statistics. The National City Chamber of Commerce initiated collaborations with key community partners in 2011 to implement an annual job fair accessible to National City residents. The first job fair was held on April 5, 2012. Since then, the City's unemployment rate has decreased by 12.3%, from 17.7% in June of 2012 to 5.4% in February of 2017. However, National City's unemployment continues to be higher than the state and national average as shown below. Unemployment rate - Not Seasonally Adjusted a 7% 6.5% 5% 4.5% - d% 3.5% 3% 2 5% 2% 150 0.5'% �a ® L• 101 - 0% Dec 2016 Feb liar Acr May Jun Jul Aug Sep Oct Nov Dec 2017 Feb 1948 1950 1952 1954 1956 1958 1960 1952 1964 1966 1968 1970 1972 1974 1976 1978 1980 1982 1984 1986 1988 1990 1992 1994 1996 1996 2000 2002 2004 2006 2008 2010 2012 2014 2016 Data from 11 6 Rurea.0 of t.ahrr 6tatislirs Last updated. Apr 27 2017 ,22014 Gwyle -Help • Terms Vf Service -Piiaacy - Disctniner - Discuss Source: U.S. Bureau of Labor Statistics and google.com PARTNERSHIP This job fair was made possible through the generous support of numerous community partners and business leaders. Supporters include 12 organizing committee members, 4 community partners, 3 fiscal sponsors, 1 media sponsor, 74 employers, 3 business development agencies, and 35 volunteers. Committee Members • Carla Holland, Small Business Development Center • Diane Rose, South County Career Center • Enemias Rocha, Employment Development Center National City, CA cauromia Urite0 states 42 of 443 Page I3© May 19, 2017 • Gabriela Baeza, Employment Development Center • Jacqueline Reynoso, National City Chamber of Commerce • Kenneth Campbell, National City Chamber of Commerce • Mona Rios, City of National City • Paul Aceves, South County Career Center • Paula Duarte, South County Career Center • Fabian Rodriguez, National City Chamber of Commerce • David Grepe, National City Chamber of Commerce Community Partners • National City Chamber of Commerce • City of National City • South County Career Center • SWC Small Business Development Center Sponsors To help cover event costs, the National City Chamber of Commerce secured financial support from the following chamber members. This job fair is unique in that we provide breakfast and lunch to all participating employers. In 2015, City Council adopted the Career Pathways to Success Job Fair as a City Co -Sponsored event, waiving up to $1,200 in permit fees. • City of National City • South County Business Services • State of California, Office of Assembly member Lorena Gonzalez • Univision Radio • VCC,LLC • Penafiel • Wrigley's Supermarket • Hometown Buffet • Starbucks Coffee Employers National City employer, Marine Group Boat Works, and other regional employers including Rady Children's Hospital, Home Depot, and Wal-Mart offered employment opportunities from high tech to manufacturing positions, to entry level retail and hospitality. Of the 73 participating employers, twenty-two (22) are National City based companies. This represents 30% of participating employers. The list below includes all participating agencies categorized under industry sectors. *Employers with a presence in National City Healthcare (11) UCSD VA Balboa Hospital Plaza Personnel *San Ysidro Health Center AMR Sun and Sea Manor Heritage Senior Care Synergy Home Care 43 of 443 Page 14© May 19, 2017 *Fredericka Manor St. Pauls Senior Care Family Health Centers Maritime and Automotive (9) CLP Marine Continental Maritime Surge Force Teledyne *Pasha Select Staffing *South Bay Sand Blasting Venture Dynamics *NCS Technologies Hospitality/Retail (12) Sea World Town Parke Staffing United Services San Diego Zoo Lowes Coronado Goodwill AArowSignSpiner Sycuan *WalMart First Transit (MTS) ACE Parking San Diego Trading Co. Public Agency (191 Customs and Border Protection *National City Police Dept *City of National city Metropolitan Transit System *Navy Region Southwest Community Support *US Army Recruiters CA Dept of Corrections *USN Recruiters San Diego Housing Commission San Diego County Sheriff (non enforcement) Ca Dept of Apprenticeship Standards City of San Diego *Southwestern College San Diego County Sherriff (enforcement) FBI *Sweetwater High School District *California College County Registrar of Voters *National School District Other Employer (21) *YMCA RHA San Diego Electrical Training Center Solar City *Filipino Press "The National City Chamber of Commerce is committed to job creation and strengthening our community's purchasing power. This event offers residents an opportunity to explore career paths & secure upward mobility." -Jacqueline Reynoso, President/ CEO, National City Chamber of Commerce 44 of 443 Page 1 5© May 19, 2017 *Pt. Loma Credit Union *Plumbers & Pipefitters Local 230 *Lloyd Pest control Ultimate Staffing *La Vista Memorial Two Men and A Truck Univision *PriAmerica *Assemblywoman Lorena Gonzales MAAC Transdev Integrated Technologies 7-Up VCCUSA *Premier Properties Security EC8 Blooming Diamond Economic Development Partners • Accion San Diego • Small Business Development Center • City of National City Volunteers Our organizing committee engaged the assistance of 35 volunteers from the following agencies: • South County Career Center • EDD • Imperial Beach Health Center • South Bay Union School District • San Diego Workforce Partnership • Veterans Village • PCG • Mental Health Systems • San Diego Job Corp • National City Chamber of Commerce • Premier Security Services The job fair provided a host of services to job seekers including: • Access to over 2,000 employment opportunities • 146 resume reviews (30% of all attendees) • Business Development resources at the Entrepreneurship Center • Free technical assistance • Career development • One on one career training consultations • Introduction to training programs and internship opportunities • Volunteer opportunities 45 of 443 Page 16© May 19, 2017 MARKETING Job fair promotion included various strategic outreach methods to increase attendance from National City job seekers. The National City Chamber of Commerce printed and distributed 2,500 postcards, 5,000 flyers, 100 posters, reached over 17,000 people via our collective network of social media sites and e-blasts, achieved over 75,000 media impressions, and heard by over 100,000 radio listeners on 102.9 Mas Variedad & 106.5 Que Buena. > 54% of job seekers heard about the job fair from the Career Center or Social Media. Social Media • National City Chamber of Commerce Facebook, twitter, and website • National City Tourism Marketing District (TMD) Facebook • South County Career Center Facebook, twitter, website, and email database • City of National City Facebook and website, and an email blast to all City Employees • 2 Univision Radio Social Media Posts Community Promotion • Southwestern Community College Higher Education Center National City (Digital Flier distribution) • South San Diego Business Development Center (Digital Flier distribution) • South County Economic Development Council (Facebook) • Freeway Message Boards (5 freeway, 805 Freeway, and 54) • San Diego Naval Base Distribution through Public Information Officer • Craigslist Ad in Community Events Section Direct Outreach • Flier distribution to all 6,250 youth and their parents in the National School District through Peachjar (e-flyers) • Flier distribution to all 28,500 youth and their parents in the Chula Vista Elementary School District through Peachjar (e-flyers) • Emailed flier and notice to over 50 faith based and community service organizations • Emailed flier and notice to over 500 National City Chamber Members in our database • School Marquee Signs (SUHI) Publications • Chamber News (Circulation 700) • Filipino Press (Circulation 25,000) Media • 40 Pre -Recorded interview promo's with Univision Radio Univision Radio Univision Radio provided on air coverage of the event for a total of forty (40) 10-sec. pre- recorded promotional announcements inviting listeners to attend. Both KLQV 102.9FM and KLNV 106.5FM supported the 2017 "Career Pathways to Success" Job Fair with a promotional campaign that ran 4/6/17-4/12/17. 46 of 443 Page 170 May 19, 2017 To further increase on -air exposure, KLQV 102.9FM and KLNV 106.5FM mentioned the "Career Pathways to Success" Job Fair in the 'De Viva Voz," program. Total promotional value from Univision Radio exceeded $16,500. Business Storefronts (75+) • Southwestern College -National City • Gama Produce • Niederfrank's • Big Ben • Union Bank • Aunt Emma's Pancakes • Rodeos Meat Market • Checks Cashed • California Taco Shop • Coin Laundry • Wrigley's Supermarket • Mario's Family Clothing Center • Coin Laundry • 100% Natural • S.D. Rescue Mission Thrift Shop • Giant N.Y. Pizza • El Dorado Cleaners • El Nuevo Milenio Taco Shop • Euclid Laundromat • Vallarta Supermarkets • Carnival • Little Ceasers • Baskin Robins • Coin Laundry • Wal-Mart • Goodies Bar and Grill • Denny's • Cotijas • $5 Dollar Tasty Pizza • Birrias Chivos y Cheves • Red Bird Market • Los Panchos • Mi Tierra • Gorditas Don Andres • Denis's Bakery • Friendly Wash N' Dry • Plaza Donuts • Copacabana • IHOP • Frutas • Express Tires • Olivewood Gardens • El Torito • Pier 32 Marina • Navy Federal Credit Union • Cold Stone • Boys & Girls Club • Wally's Market • Goodwill • Taking Care of Business Check Cashing • Camacho gymnasium • YMCA Pool • MLK Center • NC City Hall • Human Resources Dept. • Community Services/Section 8/Housing & Grants • Casa de Salud Senior Center • Teen Center • Kimball Senior Center • Rincon del Mar • South Metro Career Center • Concord • South Bay Community Services • CV Libraries (2 locations) • Nestor Health Center South Bay YMCA • South Bay Health Insurance Services (2 locations) • Imperial Beach Library • Imperial Beach Family Resource Center • Pima • USA College • San Diego State University • Coldstone, San Diego 47 of 443 Page I8© May 19, 2017 Focusing on in -demand industries specific to National City and South County, this year's job fair highlighted the recent increases in job opportunities in our region. With our participating employers along with the very successful collaboration between the South County Career Center, the National City Chamber and the City of National City, this annual event is really putting people back to work. -Diane Rose, Business Services Coordinator, Proud Member of America's Job Center of California Network AGGREGATE JOB SEEKER STATISTICS The data below from year 2017 was gathered from 481 job seekers that attended the job fair. We observed a new trend in the longer term unemployed population. Of the 481 respondents that participated as job seekers, 42% had a bachelor's degree or higher, up 5% from last year. Job Fair Year Participants 2017 2016 481 613 2015 476 2014 956 Residence South County 63% 49% 24% 52.43% National City 14% 13% 13% 14.23% Unemployed 55% 57% 47% 63.8% Job Fair Year Unemployed 2017 55% 2016 57% 2015 47% 2014 63.9% Unemployed > 6 months 23% 23% 23% 32.15% H.S. Diploma 50% 54% 40% 53.9% B.A. or Associates 42% 37% 43% 35.23% Household Income < $15,000 44% 47% 42% 48.0% NATIONAL CITY JOB SEEKER STATISTICS • 37% of our Job Seekers had an Associates, Bachelor's Degree or higher • 53% of National City job seekers reported that they were currently unemployed. • 44% are earning a household income of less than $15,000, meaning they are underemployed. 48 of 443 Page 19© May 19, 2017 Age and Household Income of National City Job Seekers Household Income $0 - $15,000 44% $15,000 - $30,000 28% $30,000 — $45,000 13% Over $45,000 9% RECOMMENDATIONS FOR NEXT YEAR Based on a wrap up meeting conducted with the job fair organizing committee, the following recommendations were suggested to improve next year's job fair. Entrepreneurship Center • Business development services continue to be an attractive pursuit for job seekers. We recommend continuing these services as part of the annual job fair. Registration • Utilize tablets to speed up registration. • Continue to include employer map and display in large format for job seekers and employers to access. • Include Radio as an option to check off on the marketing survey to assess how job seekers are learning about the job fair. Overall • Work with City of National City to designate event parking on the street to avoid street sweeping on the day of and inform visitors about alternate parking sites. • Continue to use radios to communicate with organizers and staff at the job fair. • Create a job fair video that includes past year's event, testimonials, photos, etc. • Obtain testimonial video to promote in 2018. • Promote event on Craigslist and Linkedln. Employer Follow up • Continue to request follow up report to assess the number of hires resulting from the job fair. EMPLOYER FEEDBACK South County Business Services conducted a follow up survey with the employers that participated. Below are findings collected from respondents to date. • 22 new hires • 26 scheduled interviews confirmed within the first week • 99% "Very Good/ Excellent" Satisfactory Rating of the Job Fair. Please refer to APPENDIX A to view a summary of all responses to employer survey. 49 of 443 Page 110© del) Survey Monkey 7th Annual Career Pathways to Success Job Fair Participating Employer Feedback Question 1 Customize Export Extremely organized Very organized Somewhat organized Slighgy organized Not at all organized How organized was the Job Fair? 0.nswoYCU. 33 Sklpprd.0 Question 2 Customize Export Extremely helpful Vary helpful Somewhat helpful Slightly helpful Not at all helpful How helpful were the event staff? Answered. 27 Skipped: 6 0% 10' 20% 30% 40% 50% 60% 70% 80% 90% 100% 0% 10% 20% 30% 40% 50% 60% 70% BD% 90% 100% Answer Choices Responses Extremely organized 66.67% Vary organized 33.33% Somewhat organized 0.00% Slightly organized 0.00% Net at all organized 0.00% 22 11 Total Question 3 Customize Create Report Did the attendees/job seekers meet your Answer Choices Responses Extremely helpful 77.76% Very helpful 22.22% Somewhat hatpin 0.09 % Slightly helpful 0.09 % Not al all helpful 0.00% 21 6 0 0 0 Total 27 Question 4 Customize Export How useful was the job fair in meeting your expectations? hiring needs? Answered:27 Skipped:6 Answered: 27 Skipped: 6 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Choices Responses All Most Some - Faw Total 22.22% 66.67% 11.11% 0.00% 10 3 3 Extremely useful Very Usefulii.11 Somewhat useful Not useful at all J 010 10% 20% 30% 40% 50% 6014 701/, 8010 90% 100% Answer Choices Extremely useful Very Useful Somewhat useful Not useful at all Responses 11,11% 70.37 % 18.52% 0.00% 3 19 5 0 To:a: 27 50 of 443 Question 5 Customize Export Overall, how would you rate the event? Answered: 27 Skipped: 6 Question 6 Export How many of the job fair applicants have you interviewed andlor hired Excellent Very good Fairly good Yaltlly geed Not good at all 0% 10% 20% 30% 40% 50% 60% 70% a0% 90% 100% Answer Choices Responses Excellent 55.56% 15 Very good 44.44% 12 Fairly goad 0.00% 0 Mildly geed 0,00% 0 Net geed et all I 0.00% 0 Total 27 Question 6 (part 2) Showing 25 responses J• Responses (25) Answered; 25 Skipped, 8 Text Analysis lMyCategort PAID FEATURE Use text analysis to search and categorize responses; see frequently -used words and phrases. To use Text Analysis, upgrade tea paid plan . timed. i Leam more n Categorize as... - Filter by Category Showing 25 responses Q I am unsure how many may have applied to our apprenticeship but it was refreshing to encounter real job seekers as opposed to high school and college students. 5/2r2017 1:15 AM View respondents answers NIA 5/112017 7:32 AM View respondents answers Our hiring process is online, and takes 5-9 months to complete, but we are continuously hiring 511/2017 6:16 AM View respondents answers I have interviewed about 6 people from the job fair, and have a few pending interviews with some of my clients_ 5/1/2017 5:37 AM View respondents answers NIA 511/2017 5:16 AM View respondents answers 4 people 5/1/2017 4:58 AM View respondents answers Question 7 Customize Export What type of positions were 4 hired/interviewed - check all that apply 511/2017 4:44 AM View respondent's answers I. interviewed about 10 4/2512017 5:45 AM Mew respondent's answers 6 4/19/2017 9:20 AM Yew respondent's answers Not sure al this tame. 4/19/2017 6:41 AM Yew respondents answers We do not interview or hire on the spot. Applicants need to go through our recruitment process and we have no way of tracking if They were applicants that went to the job fair. 41192017 1:1 a AM Mew respondent's answers Too early tofell. 411E+20176:31661 View respondent's answers Showing 25 responses We have interviewed 4, will hire 2, and have contacted several that have not been able to return calls. 4/16/2017 6:13 AM View respondent's answers None at this time, still contacting candidates and waiting an them to apply online 4.+1&'20174:44 AM View respondent's answers Haven't been able to follow-up yet with the handful of viable resumes 1 received. 4/1812017 2:15 AM View respondents answers We have not interviewed any applicants yet, but we have received several applications and are setting up phone screens. 411812017 1:39 AM View respondent's answers Not sure of the count yet 4/1E201712:14 AM View respondents answers faro still Workingon this. I will interview 2 or 3 and hope to hire al least I_ 4/182017 12:10 AM View respondents answers Showing 25 responses none 4/18I201712:00 AM View respondents answers 1 scheduled for an interview 4117/2017 11:25 PM View respondent's answers Hired Iwo (.2) so far and still malting follow up calls and setting appointments for interviews. 4/17/2017 12:08 PM View respondents answers I was not their to hire but to give information on apprenticeship opportunities and how to access 4/17/20178:21 AM Yew respondents answers 3 4/17/2017 E:19 AM Yew respondents answers so far interviewed 2 4/171201 7 8:19 AM Mew respondents answers Still working on getting through the applicants. 4/172017 8:13 AM Yew respondents answers Entry Level Mill Level Management EOSCUlIVe Full Time Part Time Answer Choices Entry Level Mid Level Management Executive Answered: 20 Skipped, 10 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Responses 75.00% 20.00% 10.00% 15 4 2 0.00% 0 Full Time Part Time Total Respondents: 20 35.00% 7 35.00% 7 Question 8 Customize Export . Question 9 Export • Health Care Hospitzllryraot all Maritime Public Agency Staffing Agency Other Please indicate your Business Industry Answered: 29 Skipped: 1 ■ RIM 0% 10% 20 % 30 % 40% 50 ; 60% 70% 80% 90% 100% Answer Choices Health Care Hospitality/Retail • Maritime • Peelle Agency Staffs mg Agency — Other Total Question 9 (part 2) Responses 10.34% 3 1724% 5 6.90% 2 1724% 5 6.90% 2 41.30% 12 San Diego Trading Company 42212016 1:27 PM View respondent's answers Navy Region Southwest; Fleet 8 Femlty Readiness 421/20164:26 PM View respondents answers Towne Park 4/21/20163:07 PM View respondents answers San Diego Electrical Training Center 421,20162:05 PM View respondent's answers 29 Concordia University 4f21/2016 12:45 PM View respondents answers San Diego Fire -Rescue 421201611:14 AM View respondent's answers United Security Services, Ina 42112016 10:35 AM View respondents answers Kitchen L0001075 Bay BlVd. Suite B, Chula Vista Ca 91911 4/2112016 10530 AM Yew respondents answers Ultimate Staffing Services 421f2016 9:5B AM View respondents answers Synergy Home Care 421/2018 9:55 AM View respondents answers San Diego County Distrlcy Attomey's Office 4/21120169:48AM View respondents answers CDCR- Richard J. Donovan Correctional Facility 421120169:47AM View respondents answers The County of San Diego)Orfice of Military end Veteran Affairs 421/20169:36 AM View respondents answers ResCare HomeCere 4121/2016 9:38 AM View respondents answers Labor Ready: A True Blue Company 42112016933AM View respondents answars Sharp HeahhCare 421120169:31 AM View respondents answers CP Global 4,21.120169:27 AM Yew respondents answers City of National city 421120169:26AM View respondents answers J• Responses (25) Name of Company - Please Provide for Drawing Answered: 25 Skipped: 5 Categorize as.... Fihor by Category ((Soerch responses 4Jo Showing 25 responses The Filipino Press 52/2016 4:33 PM View respondents answers Teledyne SeaBotlx Ina 4/29/2016 1:27 PM View respondent's answers Venture Dynamics 42612016 7.14 PM Vie, respondents answers CRST Expedited, Inc. 4128/2016 10:01 AM View respondent's answers Navy Exchange 4/28120169:07 AM View respondents answers US ARMY RECRUITING 4)71201665:34 PM View respondents answers Congressmen Juan Vargas 4127/2016 5:33 PM View respondents answers Question 10 Export . Please provide any other comments Answered: 17 Skipped: 13 J Responsos(17) - Categorize as... - Filter by Category i Showing 17 responses Thanks for including us In your event. Will update you once we hire someone 51212016 4:33 PM View respondents answers The staff was very helpful as. weft as all other vendors. 4/20120167:14 PM View respondents answers 4 0 I enjoyed The event. Not sure yet what kind of results we'll see towards getting hires in our trucking company. 4/28/2016 10:01 AM View respondents answers Very organized and the amount of candidates was great) 4/26120169:07AM View respondent's answers THIS WAS AVERY WELL PLANNED OUT EVENT. LOOKING FORWARD TO FUTURE EVENTS. THANK YOU. 4/27/20165.34 PM View respondent's answers Great event and amazing turnoutof job seekers. All staff members where very helpful to the employers and job seekers. 4/2712016 5:33 PM View respondents answers This event was great and we will be back next year. Showing 17 responses Parking was a nightmare. You should have designated areas for vendorslemployers especially since we have to haul in so much stuff. Also, with attendance so good, it should be metered. Everyone flooded in right in the beginning and you could barely walk then, later in the day, it was dead. Most fairs with attendance in the hundreds allow a certain number in al a time (20-50) based on size of venue. This allows everyone the chance to see all tables and have time to speak without feeling rushed. 421/2016 12:45 PM View respondent's answers It is difficult for us to measure success s0 quickly because of the type of initial qualifications for applications in this field, in general. We mentor for the duration of the experience until a job offer is made. 4421/2016 11:14 AM View respondent's answers Great Job fair. We narely have job fairs where we meet applicants who already have their guard cards to work in security. This job fair had SEVERALI 4121/2016 10:35 AM View respondents answers Im interested on all the events you plan in the future. 4121/2016 10:30 AM Yew respondent's answers Thank you for the opportunity for the 2 year to participate. This year was a great tum out) 421/2016 9:56 AM View respondent's answers 52 of 443 Question 10 (part 2) Such a wonderful event! Looking forward to next year! 4/21/2016 9:55 AM View respondent's answers Outstanding event and please ask us back next year, 4121/2016 9:38 AM Yew respondent's answers Best one yet- continental breakfast was nice- and I received more potential good applicants than past years. Thank you also for lunch)) 4/21/2016 9.38 AM Yew respondents answers Thanks again for the lunch, $25 was a bit steep, but I had two coworkers with me, so to feed 3 people made it more reasonable, and please keep table fees at SO, its the only way we can afford to come, because we have no job fair budget. Thanks again) 4/21/2016 9:33 AM View respondents answers Not Interested In the drawing. Great jab everyone! 4,.21 /2016 9:31 AM Yew respondents answers 53 of 443 SurveyMonkey CC/CDC-HA Agenda 6/6/2017 — Page 54 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) 54 of 443 Item # 06/06/17 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) 55 of 443 CC/CDC-HA Agenda 6/6/2017 — Page 56 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 sign the Fourth Amendment to the Agreement by and between the City of National City and American Medical Response Ambulance Service, Inc. to continue to provide basic and 56 of 443 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: ;June 6, 20171 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City aUthorizing the Mayor to sign the Fourth Amendment to the Agreement by and between the City of National City and American Medical Response Ambulance Service, Inc. to continue to provide basic and advanced life support ambulance transportation services effective July 1, 2017 for a period of two years. (Fire) PREPARED BY: Frank Parra DEPARTMENT: Fi PHONE: i619-336-4551' APPROVED BY: EXPLANATION: The City's ambulance services contract with American Medical Response Ambulance Services, Inc. (AMR) was approved by the City Council on June 20, 2006. AMR, at no direct cost to the City, has been providing basic and advanced life support ambulance transportation services to the City since October 1, 1983. AMR pays the City a Franchise Fee on a monthly basis. The amount of such fee is determined solely and at the absolute discretion of the City. The purpose of the fee is to offset the City's costs for activities associated with providing and maintaining programs associated with emergency medical services care at an ALS-level (Advanced Life Support) and oversight of the ambulance contract. AMR has the ability to directly bill individuals utilizing their services or bill appropriate third -party insurance carriers. AMR bills for ambulance servicaper transport, culls for service during which patient care meets transport criteria and mileage. AMR may increase fees and/or charges for services provided in order to fully realize revenues sufficient to make up the projected annual increase in Franchise Fees. Due to the uncertainty of control over the EMS RFP process, the National City Fire Department is seeking a two year extension of the AMR contract starting July 1, 2017 through June 30, 2019. This extension will maintain the Franchise Fee revenue in FY17/18 and FY18/19 at $318,023. FINANCIAL STATEMENT: ACCOUNT NO. 1 `fin-nf r fife-3034 APPROVED: APPROVED: nance MIS Agreement Is a fee for service with no General Fund revenue subsidy. The Franchise Fee revenue in FY17/18 and FY18/19 will be maintained at $318,023 annually. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: L STAFF RECOMMENDATION: Authorize the Mayor to sign the Fourth Amendment to the Agreement by and between the City of National City and American Medical Response Ambulance Service, inc. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. !Fourth Amendment to the Agreement by and between the City of National City and American Medical Response Ambulance Service, Inc. 2. Resolution 57 of 443 FORTH AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND AMERICAN MEDICAL RESPONSE AMBULANCE SERVICE, INC. This Fourth Amendment to the Agreement By and Between the City of National City and American Medical Response Ambulance Service, Inc. ("Fourth Amendment") is entered into this 6th day of June, 2017, by and between the City of National City ("CITY") and American Medical Response Ambulance Service, Inc., ("AMR"). RECITALS A. WHEREAS, on June 20, 2006, CITY and AMR entered into an agreement entitled "Agreement by and between the City of National City and American Medical Response Ambulance Service, Inc." ("Agreement"); and B. WHEREAS, on November 23, 2010, CITY and AMR exercised the option to extend the term of the Agreement for two years, following expiration on June 30, 2011; and C. WHEREAS, on June 18, 2013, CITY and AMR exercised the option to extend the term of the Agreement for two years, following expiration on June 30, 2013; and D. WHEREAS, on June 16, 2015, CITY and AMR exercised the option to extend the term of the Agreement for two years, following expiration on June 30, 2015; and E. WHEREAS, the CITY and AMR desire to amend the Agreement by amending Section II, Subsection A.11(d); Section IV, Subsection B.1; and Section VI, Subsection E.1; and F. WHEREAS, due to the uncertainty of control over the EMS RFP process, the CITY and AMR desire to extend the term of the Agreement for two years, following the expiration on June 30, 2017, as provided for in amended Section VI, Subsection E.1; and G. WHEREAS, AMR has met all of the eligibility requirements for an extension of the Agreement as set forth in Section VI, Subsection E.1 NOW, THEREFORE, in consideration of the mutual benefit to be derived therefrom, CITY and AMR agree as follows: 1. Section VI, Subsection E.1 is amended with the term of the Agreement being extended for an additional two years from the time the current Agreement expires on June 30, 2017 to June 30, 2019. 2017 Fourth Amendment to Agreement 58 of 443 City of National City and AMR 2. Section II, Subsection A.11(d) is amended by modifying the Franchise Fee Payments as follows: Franchise Fees Actual Estimate Estimate FY 2016-17 FY 2017-18 FY 2018-19 $318,023 $318,023 $318,023 3. Section IV, Subsection B.1 is amended by replacing Subsection B.1 with the following: B.1. Effective July 1, 2017, the Ambulance Service Base Rate for Advanced Life Support will be $2,106.79. 4. The parties further agree that with the foregoing exceptions, each and every term and provision of the Agreement by and between the CITY and AMR, dated June 20, 2006, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Fourth Amendment to be executed the day and year first herein set forth. CITY OF NATIONAL CITY AMERICAN MEDICAL RESPONSE AMBULANCE SERVICE, INC. By: By: Ron Morrison, Mayor Tom Wagner, CEO AMR Regional Operations APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney By: Nicole Pedone Senior Assistant City Attorney 2017 Fourth Amendment to Agreement 59 of 443 City of National City and AMR CC/CDC-HA Agenda 6/6/2017 — Page 60 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 sign an Agreement with the City of Chula Vista for general animal control, shelter, and related administrative services to the residents of National City for a tot 60 of 443 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 6, 2017 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the City Manager to execute an Agreement with the City of Chula Vista for animal shelter services to the residents of National City for a total not to exceed amount of $428,088 a year. This is a three (3) year term Agreement commencing June 1, 2017, with an option to extend for two (2) additional one year terms. PREPARED BY: Manuel Rodriguez, Chief of Police PHONE: 336-4510 EXPLANATION: DEPARTMENT: Police APPROVED BY; T The City of Chula Vista has provided animal shelter and related administrative services for the`City of National City since 1991; this Agreement is a continuation of that service. FINANCIAL STATEMENT: ACCOUNT NO. 001-411-000-261-0000 APPROVED: Finance APPROVED: MIS The cost of this Agreement not to exceed $428,088 has been allocated within the police budget ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Agreement AGREEMENT BETWEEN CITY OF CHULA VISTA AND CITY OF NATIONAL CITY PROVIDING ANIMAL SHELTER SERVICES This agreement ("Agreement"), dated , 20 for reference purposes only, and effective as of the date last executed is between the City of Chula Vista, ("City"), a chartered municipal corporation of the State of California, and the City of National City ("National City"), a municipal corporation of the State of California. The City of National City may be referred to herein individually as "Party" and the City of Chula Vista and the City of National City may be referred to herein collectively as "Parties." This Agreement is made with reference to the following facts: RECITALS WHEREAS, City owns and operates an animal care facility, located at 130 Beyer Way, Chula Vista, California and provides a full range of animal control services to the citizens of Chula Vista; and, WHEREAS, National City desires to enter into an agreement with City, whereby City will provide animal shelter services for the impounding, adoption, redemption, and the care and disposition of dogs, cats, and other small animals; and WHEREAS, City has the authority to enter into contracts with other agencies to provide such services. NOW, THEREFORE, in consideration of their mutual promises, and other good and valuable consideration, the Parties hereto do hereby agree as follows: ARTICLE I. TERM 1.1 Term. This Agreement shall be for three (3) year term commencing on July 1, 2017. (A) Options to Extend. Parties may extend the Agreement for two (2 additional one (1) year terms. (B) Notice. National City shall provide written notice to City at least sixty (60) calendar days, but no more than ninety (90) calendar days, prior to the expiration of the term of this Agreement expressing its intent to exercise an option to extend this Agreement. ARTICLE II. SCOPE OF SERVICES 2.1 General Services. City shall provide general animal shelter, and related administrative services to the residents of National City to the extent and in the Animal Control Services Agreement Page 1 62 of 443 manner set forth herein. (A) Shelter Services. City shall provide the shelter services to the residents of National City in the manner and type described below: (1) Shelter Location. Shelter Services shall be provided at the facility located in the City of Chula Vista at 130 Beyer Way. (2) Hours of Operation. The facility hours are currently 10:00am to 5:00pm, Tuesday through Friday, and 10:00am to 4:00pm on Saturday. The facility will be closed on Sunday, Monday, and all major holidays. (3) (a) Changes in Hours of Operation. City shall notify National City of changes to facility hours in advance of such changes. Types of Services. (a) Strays. City shall accept strays at no charge to the National City residents. (b) Relinquishing Animals. National City residents may relinquish owned animals to the facility for euthanasia or adoption as space allows. (c) Redeeming Animals. National City residents may redeem animals from the facility. (d) Holding. City agrees to hold all dogs and cats for the minimum holding period required by the California Food and Agricultural Code and other applicable state law. As per applicable state code sections, animals with communicable diseases and severe injuries or illness may be euthanized prior to the expiration of the normal holding period. Veterinary medical care will be provided as needed for all impounded animals for the duration of their hold period as needed. City will attempt to notify owners of identified animals that their animal is in the custody of the City Animal Care Facility and advise them of the holding period. National City shall relinquish to City for disposition in accordance with all applicable laws, policies or procedures as deemed appropriate by the City Animal Care Facility Administrator all animals held in the animal care facility and not claimed or adopted. Upon payment of all appropriate fees, City will release to the legal owner, any impounded domestic animal. City will have discretion without recourse to National City to release animals under special circumstances regardless of payment of fees. Animal Control Services Agreement Page 2 63 of 443 (i) No Medical Research. City will not sell or give any live or dead animal to a medical research facility at any time or from any jurisdiction. (e) Spaying and Neutering. City will ensure all dogs, cats and rabbits adopted from the shelter are spayed or neutered at the time of adoption. Additionally, the City Animal Care Facility will provide the public with low-cost spay/neuter information and assistance. City may contract for up to four (4) dog and cat spay/neuter clinics annually with priority given to National City residents. The fee per clinic is listed in Section 4.1(C). (f) Maintenance of Facility. City shall maintain its facility in a humane manner and shall keep its facility in a sanitary condition at all times. All services furnished by City shall be provided in accordance with local laws and the laws of the State of California. City shall use humane methods in the care, euthanizing, and disposition of any animal coming under its jurisdiction. (C) Administrative Services. City shall provide the following administrative services. (1) Meetings. City will provide a representative to attend any National City meetings that involve animal shelter issues upon request and with reasonable notice. (2) Meet and Confer. A City representative will meet and confer in good faith with a National City administrator over operational issues associated with the administration of this Agreement. (3) Reports. City will provide monthly reports to National City, upon request. These reports will include the number of impounds, redemptions, euthanizations, service responses, and adoptions. (4) Notification. City shall establish a notification policy for its officers with the assistance of National City officials. The policy shall identify the types of incidents for which City Animal Control will be required to notify designated National City officials. Notification shall include the nature, circumstances, and status of the incident. City will also provide, if requested, copies of all supporting documents and information involving the incident. National City will provide a list of its designated city officials to City and the recommended methods to contact the designated individuals. (5) Testimony. When requested by National City, and at an additional cost, City shall make its employees and/or other percipient witness under its Animal Control Services Agreement Page 3 64 of 443 control, available for any challenge stemming from the services provided herein (including but not limited to Municipal Code citations) as needed to testify in a court of law, administrative or other proceeding. This duty shall survive the termination of this Agreement. ARTICLE III. EXCLUDED SERVICES 3.1 Excluded Services. The following services are not included in the Scope of Services covered under this Agreement (A) Indigenous Animals. City will not trap skunks, opossums or other indigenous small animals for the purpose of nuisance control. Wildlife will only be handled for purposes of public safety or for humane reasons. Cat traps will be provided and monitored by National City. (B) Dead and Injured Animals. Dead animals on private property are the responsibility of the property owner. Sick or injured animals are the responsibility of the animal owner. (C) Licensing. All dog and/or cat licensing will be provided and monitored by National City. ARTICLE IV. NATIONAL CITY OBLIGATIONS 4.1 Payment. National City shall pay the City the following in the amount and manner set forth herein. (A) Monthly Payments. Commencing on July 1, 2017 National City agrees to pay City $35,174 per month for FY 2017/2018 (July 1, 2017- June 30, 2018). (1) Invoices and Payment Date. The City Finance Office shall submit the billing to National City on or before the 10th day of the month following the billing period and that amount shall be due and payable within thirty (30) calendar days of the invoice date. (2) Redemption Fees. Monthly payments shall be reduced by any Redemption Fees collected under this agreement. (4) Late Payments. A penalty of one and one half (11/2%) finance charge per month will be assessed on the original delinquent amount. (B) Pricing of Contract Extensions. Pricing for each subsequent fiscal year and contract extensions shall be based on actual Animal Intakes from the preceding calendar year. Animal Control Services Agreement Page 4 65 of 443 (1) No later than April 30 each year, the City will notify National City of the actual Animal Intakes for the preceding calendar year, and the proposed contract pricing for the upcoming fiscal year. (2) If National City desires to execute an option to extend, it shall notify City in writing no later than May 31 of each year that it accepts the proposed contract pricing for the upcoming fiscal year and, thereby, executes an option to extend the contract for a one (1) year term. (C) Cat and Dog Spay/Neuter Clinics. National City will pay $1,500 per clinic up to 4 clinics per year. 4.3 Support Services. (A) Provision of Data. National City shall provide City with a current listing of all animal licenses issued, including permits or licenses for dogs, cats, dangerous dogs or animals, exotic animals, kennels, pet shops, ranches or farms, dog shows, obedience trials and circuses. (B) Notice of Scheduled Meetings. National City shall notify City at least 72 hours in advance of any animal -related issues, which are anticipated to be scheduled on an agenda for the City Council or any legislative or administrative body of National City when City employees will be required to appear. (C) Police Services. National City shall provide all required police services within National City, including providing police backup upon request of a City Animal Control Officer. (D) Legal Representation. National City will provide legal representation in cases of public nuisance, dangerous and potentially dangerous animal cases, and for lawsuits, claims, or litigation pertaining to those cases which are based upon or arise from the actions of National City including its Animal Control officers and employees. ARTICLE V. FEES 5.1 Fees Charged National City Residents. National City residents shall be required to pay fees for certain services provided for Animal Care by the City. (A) Relinquishment, Redemption and Services Provided. Fees will be charged in accordance with City's master fee schedule unless otherwise agreed to separately in writing with National City. Animal Control Services Agreement Page 5 66 of 443 5.2 Fee Updates. On occasion, City may be required to update fees to account for increased costs. As new fees are adopted, for the purpose of this Agreement, such fees shall replace those currently in effect. ARTICLE VI. INDEMNITY 6.1 National City to Indemnify. National City shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers, employees, agents, and volunteers, from and against any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons in any manner arising out of, related to, or in connection with the destruction of any animal delivered to and accepted by the Animal Care Facility. In addition, this indemnity provision shall cover any alleged acts, omissions, negligence, or willful misconduct of National City, its officials, officers, employees, agents, and volunteers. This indemnity provision, however, does not include any claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of the City, its officers, employees, agents, and volunteers. 6.2 City Duty to Indemnify. City shall indemnify and hold National City, its elected officials, employees, officers, agents and representatives harmless for any liability, including but not limited to claims asserted or costs, losses, attorney fees, or payments for injury to any person or property caused or claimed to be caused by the acts or omissions of the City, or its employees, agents, and officers, arising out of any services performed under this Agreement. City's duty to defend and indemnify shall not extend to any claims or liabilities arising from the sole negligence or sole willful misconduct of National City, its agents, officers or employees. 6.3 Costs of Defense and Award. Included in the obligations in Sections 6.1 and 6.2, above, is the Indemnitor's obligation to defend, at Indemnitor's own cost, expense and risk, any and all aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the Indemnitee, its directors, officials, officers, employees, agents and/or volunteers. Indemnitor shall pay and satisfy any judgment, award or decree that may be rendered against Indemnitee, its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expense and cost incurred by each of them in connection therewith. 6.4 Insurance Proceeds. Indemnitor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Indemnitee, its directors, officials, officers, employees, agents, and/or volunteers. 6.5 Enforcement Costs. Indemnitor shall pay any and all costs Indemnitee incurs enforcing the indemnity and defense provisions set forth in Article VI. Animal Control Services Agreement Page 6 67 of 443 6.6 Survival. lndemnitor's obligations under Article VI shall survive the termination of this Agreement. ARTICLE VII. FORCE MAJEURE 7.1 Definition. An Event of Force Majeure means an occurrence beyond the control and without the fault or negligence of a Party, including but not limited to unusually severe weather, flood, earthquake, fire, lightning, and other natural catastrophes, acts of God or the public enemy, war, terrorist act, riot, insurrection, civil disturbance or disobedience, strike, labor dispute, road impediments, expropriation or confiscation of facilities, changes of applicable law, or sabotage of facilities, so long as such Party makes good faith and reasonable efforts to remedy the delays or failures in performance caused thereby. 7.2 Force Majeure. The parties shall be excused for any delay or failure to perform its duties and obligations under this Agreement to the extent that such failure or delay is caused by an Event of Force Majeure as set forth in section 7.1. Delay or failure in performance by a Party which is the result of an Event of Force Majeure set forth in section 7.1 shall be deemed excused for a period no longer than the delay or failure in performance caused by such Event. 7.3 Notice. Each party shall give written notice to the other party as soon after becoming aware of the delay or failure in performance caused by an Event of Force Majeure as is reasonably possible, but in any event within five (5) working days after the party becomes aware of such delay or failure. 7.4 No Adjustments. No Event of Force Majeure shall be a basis for monetary adjustment to amounts payable under this Agreement. ARTICLE VIII. TERMINATION OF AGREEMENT 8.1 Termination for Convenience. Either Party may terminate this Agreement at any time and for any reason, by giving specific written notice of such termination and specifying the effective date thereof at least ninety (90) days before the effective date of such termination. If the Agreement is terminated by National City as provided for in this paragraph, City shall be entitled to receive just and equitable compensation for all services performed prior to the effective date of such termination and the payments shall be prorated should the effective date of termination not end on the last day of the month. If the Agreement is terminated by the City as provided for in this paragraph, National City shall be entitled to continue to receive services under this Agreement up until the effective date of such termination. Animal Control Services Agreement Page 7 68 of 443 8.2 Termination for Cause. If, through any cause, either party shall substantially fail to fulfill in a timely and proper manner any obligation under this Agreement, or violate any of its covenants, agreements or conditions, the Party not in breach shall have the right to terminate this Agreement by giving written notification of such termination and specifying the effective date thereof at least five (5) days before termination. If the Agreement is terminated by National City as provided for in this paragraph, City shall be entitled to receive just and equitable compensation for all services performed prior to the effective date of such termination, and the payments shall be prorated should the effective date of termination not end on the last day of the month. If the Agreement is terminated by the City as provided for in this paragraph, National City shall be entitled to continue to receive services under this Agreement up until the effective date of such termination. ARTICLE IX. NOTICES 9.1 Method of Notification. All notices and demands shall be given in writing by personal delivery or first-class mail, postage prepaid, addressed to the Administrator, or his/her designee, designated below for the respective party. 9.2 Designation and Contact Information. The following, including their respective addresses, are hereby designated as Administrators for the purposes of this Agreement only: (A) City of Chula Vista Deputy City Manager, and/or his/her designee 276 Fourth Avenue Chula Vista, CA 91910 (B) City National City City Manager, and his/her designee 1243 National City Blvd National City, CA 91950 9.3 Changes. If the Administrator, designee or address of either party changes, notice of the change shall be sent to the other party. After the receipt of the notice of change, all future notices or demands shall be sent as required by the notice of change. ARTICLE X. MISCELLANEOUS PROVISIONS 10.1 Headings. All article headings are for convenience only and shall not affect the interpretation of this Agreement. Animal Control Services Agreement Page 8 69 of 443 10.2 Gender & Number. Whenever the context requires, the use herein of (i) the neuter gender includes the masculine and the feminine genders and (ii) the singular number includes the plural number. 10.3 Reference to Paragraphs. Each reference in this Agreement to a section refers, unless otherwise stated, to a section this Agreement. 10.4 Incorporation of Recitals and Exhibits. All recitals herein and exhibits attached hereto are incorporated into this Agreement and are made a part hereof. 10.5 Covenants and Conditions. All provisions of this Agreement expressed as either covenants or conditions on the part of the City or National City shall be deemed to be both covenants and conditions. 10.6 Integration. This Agreement and any exhibits or references incorporated into this Agreement fully express all understandings of the Parties concerning the matters covered in this Agreement. No change, alteration, or modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties, their officers, agents, or employees shall be valid unless made in the form of a written change agreed to in writing by both Parties or an amendment to this Agreement agreed to by both Parties. All prior negotiations and agreements are merged into this Agreement. 10.7 Severability In the event that any phrase, clause, paragraph, section or other portion of this Agreement shall become illegal, null or void, or against public policy, for any reason, or shall be held by any court of competent jurisdiction to be illegal, null or void, against public policy, or otherwise unenforceable, the remaining portions of this Agreement shall not be affected and shall remain in force and effect to the fullest extent permitted by law. 10.8 Drafting Ambiguities. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and the decision of whether or not to seek advice of counsel with respect to this Agreement is a decision that is the sole responsibility of each Party. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the Agreement. 10.9 Conflicts Between Terms. If an apparent conflict or inconsistency exists between the main body of this Agreement and any exhibits, the main body of this Agreement shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement, the exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Animal Control Services Agreement Page 9 70 of 443 Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement. 10.10 Compliance With Law. The parties shall, at their sole cost and expense, comply with all the requirements of municipal, state, and federal authorities now in effect or which may hereafter be in effect related to this Agreement. 10.11 Governing Law. This Agreement shall be construed in accordance with, and governed by, the laws of the State of California. This Agreement shall be deemed made and entered into in San Diego County, California. 10.12 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this agreement, against either Party unless a claim has first been presented in writing, filed with and acted upon by the alleged offending Party in accordance with the procedures set forth in its respective Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by each Party in the implementation of same. Upon request by either Party, the Parties shall meet and confer in good faith for the purpose of resolving any dispute over the terms of this Agreement 10.13 Fees. In the event any action or proceeding shall be instituted in connection with this Agreement, including without limitation the enforcement of any indemnification obligation contained herein, the losing Party shall pay to the prevailing Party a reasonable sum for attorneys' fees and costs incurred in bringing or defending such action or proceeding and/or enforcing any judgment granted. 10.14 Jurisdiction and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. 10.15 Municipal Powers. Nothing contained in this Agreement shall be construed as a limitation upon the powers of the City as a chartered city of the State of California. 10.16 Assignment. This Agreement or any right or privilege hereunder shall not be assigned to another by any Party without the express written consent of the City. Consent to an assignment shall not be deemed to be consent to any subsequent assignment. Any such assignment without such consent shall be void. 10.17 No Waiver. No failure of either Party to insist upon the strict performance by the other Party of any covenant, term or condition of this Agreement, nor any failure Animal Control Services Agreement Page 10 71 of 443 to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement, shall constitute a waiver of any such breach of such covenant, term or condition. No waiver of any default hereunder shall be implied from any omission to take any action on account of such default. The consent or approval to or of any act requiring consent or approval shall not be deemed to waive or render unnecessary future consent or approval for any subsequent similar acts. No waiver of any breach shall affect or alter this Agreement, and each and every covenant, condition, and term hereof shall continue in full force and effect to any existing or subsequent breach. 10.18 Additional Rights. No rights other than those specifically identified herein shall be implied from this Agreement. 10.19 Cumulative Remedies. All rights, options, and remedies contained in this Agreement shall be construed and held to be cumulative, and no one of them shall be exclusive of the other, and each Party shall have the right to pursue any one or all of such remedies or to seek damages or specific performance in the event of any breach of the terms hereof or to pursue any other remedy or relief which may be provided by law or equity, whether or not stated in this Agreement. 10.20 Independent Contractor. Unless otherwise stated in this Agreement, all persons employed in the performance of services and functions for National City under this Agreement shall be City employees, agents, or contractors thereof. No National City employee shall perform services or functions that City is obligated to provide under this Agreement. All City employees who are employed by City to perform the services pursuant to this Agreement shall be entitled solely to the rights and privileges given to City employees and shall not be entitled, as a result of providing services pursuant to this Agreement, to any additional rights and privileges given to National City employees. National City shall not be liable for the direct payment of any salaries, wages, or the compensation to City personnel, agents, or contractors performing services pursuant to this Agreement, or any liability other than that provided for in this Agreement. Unless specified otherwise, National City shall not be liable for compensation or indemnity to any City employee, agent, or contractor for injury or sickness or any other claims arising out of his or her employment. City is an independent contractor, and no agency relationship, either expressed or implied, is created by the execution of this Agreement. 10.21 Good Faith. The Parties promise to use their best efforts to satisfy all conditions to this Agreement and to take all further steps and execute all further documents reasonably necessary to put this Agreement into effect. Both Parties agree to meet and confer in good faith with City's Animal Care Facility Administrator regarding operational matters upon request. 10.22 Signing Authority. The representative for each Party signing on behalf of a corporation, partnership, joint venture or governmental entity hereby declares Animal Control Services Agreement Page 11 72 of 443 that authority has been obtained to sign on behalf of the corporation, partnership, joint venture, or entity and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist. Animal Control Services Agreement [Signature Page Follows] Page 12 73 of 443 SIGNATURE PAGE TO AGREEMENT BETWEEN CITY OF CHULA VISTA AND CITY OF NATIONAL CITY PROVIDING ANIMAL CARE SERVICES CITY OF CHULA VISTA Date: Approved as to form: Glen Googins City Attorney CITY OF NATIONAL CITY Date: Approved as to form: Angil P. Morris -Jones Nicole Pedone Senior Assistant City Attorney Animal Control Services Agreement Gary Halbert City Manager Attest: Donna Norris City Clerk Leslie Deese City Manager Attest: Mike Dalla City Clerk Page 13 74 of 443 CC/CDC-HA Agenda 6/6/2017 — Page 75 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 the Grant Assurances for the FY16 State Homeland Security Grant Program, and authorizing the establishment of an appropriation and corresponding revenue budget in 75 of 443 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 6, 2017 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute the Grant Assurances for the FY16 State Homeland Security Grant Program, and authorizing the establishment of an appropriation and corresponding revenue budget in the amount of $52,883 from the FY16 State Homeland Security Grant Program for a reimbursable grant purchase of equipment for the Police and Fire Departments. (Fire) PREPARED BY: Frank Parra DEPARTMENT: PHONE: i619-336-4551 APPROVED BY: EXPLANATION: The FY16 State Homeland Security Grant Program was designed to supplement the purchase of equipment, training, exercises, and planning for Police and Fire personnel. The San Diego County Office of Emergency Services coordinates the requests for equipment, training, exercises, and planning. In order to receive grant funds, National City must authorize the submission of the Grant Assurances for the FY16 State Homeland Security Grant Program. National City's portion of the grant totaled $52,883 for equipment. The equipment funds will be divided evenly between the City's Police and Fire Department. This grant program requires the City to incur expenses, and then apply for reimbursement. In order to be eligible for reimbursement, the Police and Fire Departments must purchase and/or receive the items prior to the June 30, 2018 deadline. Staff recommends the utilization of $52,883 of City funds for equipment for the Police and Fire Department, and to request reimbursement for such expenses from the San Diego County Office of Emergency Services. FINANCIAL STATEMENT: ACCOUNT NO. 282-411-947-355-0000 $26,441.50 282-412-947-355-0000 $26,441.50 No City match required. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: Finance APPROVED: MIS STAFF RECOMMENDATION: Staff recommends authorizing the Mayor to execute the Grant Assurances and authorizing the establishment of an appropriation and corresponding revenue budget in the amount of $52,883. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: California Governor's Office of Emergency Services FY2016 Grant Assurances FY16 SHSG Approved Allocation Resolution 76 of 443 Cal OES / GOVERNOR'S OFFICE OF EMERGENCY SERVICES Standard Assurances For All Cal OES Federal Grant Programs As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management and completion of the project described in this application, within prescribed timelines. I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the: (a) Applicable Federal Regulations (see below); (b) Federal Program Notice of Funding Opportunity (NOFO); (c) California Supplement to the NOFO; and (d) Federal and State Grant Program Guidelines. Federal Regulations Government cost principles, uniform administrative requirements and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (CFR) and updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/. Significant state and federal grant award requirements (some of which appear in the documents listed above) are set forth below. The Applicant hereby agrees to comply with the following: 1. Proof of Authority The Applicant will obtain written authorization from the city council, governing board or authorized body in support of this project. This written authorization must specify that the Applicant and the city council; governing board, or authorized body agree: (a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required. (b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board or authorized body. (c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board or authorized body. (d) The official executing this agreement is, in fact, authorized to do so. This Proof of Authority must be maintained on file and readily available upon request. Homeland Security Grant Program — 2016 Grant Assurances 77 of 443 Page 1 of 11 Initials 2. Period of Performance The Applicant will initiate work after approval of the award and complete all work within the period of performance specified in the grant. 3. Lobbying and Political Activities As required by Section 1352, Title 31 of the U.S. Code (U.S.C.), for persons entering into a contract, grant, loan or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that: (a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and §§7324- 7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor's Office of Emergency Services (Cal OES) or the federal awarding agency. 4. Debarment and Suspension As required by Executive Orders 12549 and 12689, and 2 CFR §200.212 and codified in 2 CFR Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; Homeland Security Grant Program — 2016 Grant Assurances 78 of 443 Page 2 of 11 Initials (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default. Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 5. Non -Discrimination and Equal Employment Opportunity The Applicant will comply with all federal statutes relating to non-discrimination. These include, but are not limited to, the following: (a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. §2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services; (b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity; (c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;(42 U.S.C. §§ 12101-12213.); (e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (f) Public Health Service Act of 1912 (42 U.S.C. §§ 290), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing; (h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin; Homeland Security Grant Program —2016 Grant Assurances 79 of 443 Page 3 of 11 Initials (i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors; (j) California Public Contract Code §10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages; (k) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and (I) The requirements of any other nondiscrimination statute(s) which may apply to the application. In addition to the items listed in (a) through (n), the Applicant will comply with California's Fair Employment and Housing Act (FEHA). FEHA prohibits harassment and discrimination in employment because of ancestry, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth, or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave (California Government Code §§ 12940, 12945, 12945.2), military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions. 6. Drug -Free Workplace As required by the Drug -Free Workplace Act of 1988 (41 U.S.C. §701 et seq.), the Applicant certifies that it will maintain a drug -free workplace and a drug -free awareness program as outlined in the Act. 7. Environmental Standards The Applicant will comply with state and federal environmental standards, which may be prescribed pursuant to the following, as applicable: (a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000- 21177), to include coordination with the city or county planning agency; (b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000- 15387); (c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources; (e) Institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order 12898 on the Environmental Justice Act, and Executive Order 11514 on Environmental Quality; (f) Notification of Environmental Protection Agency (EPA) violating facilities pursuant to Executive Order 11738; (g) Protection of wetlands pursuant to Executive Order 11990; Homeland Security Grant Program — 2016 Grant Assurances 80 of 443 Page 4 of 11 Initials (h) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988; (i) Assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §1451 et seq.); (j) Conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §7401 et seq.); (k) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order Executive Order 11990 which requires preservation of wetlands; (I) The Safe Drinking Water Act of 1974, (P.L. 93-523); (m)The Endangered Species Act of 1973, (P.L. 93-205); (n) Wild and Scenic Rivers Act of 1968 (16 U.S.C. §1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to § 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution. 8. Audits For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements. 9. Access to Records In accordance with 2 CFR §200.336, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision. 10. Conflict of Interest The Applicant will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 11. Financial Management False Claims for Payment The Applicant will comply with 31 U.S.0 §3729 which sets forth that no subgrantee, recipient or subrecipient shall submit a false claim for payment, reimbursement or advance. Homeland Security Grant Program — 2016 Grant Assurances 81 of 443 Page 5 of 11 Initials 12. Reporting - Accountability The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), specifically (a) the reporting of subawards obligating $25,000 or more in federal funds and (b) executive compensation data for first -tier subawards. This includes the provisions of FFATA, which includes requirements for executive compensation, and also requirements implementing the Act for the non-federal entity at 2 CFR part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and 2 CFR part 170 Reporting Subaward and Executive Compensation Information. 13. Whistleblower Protections The Applicant also must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310. 14. Human Trafficking The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from: (1) engaging in trafficking in persons during the period of time that the award is in effect: (2) procuring a commercial sex act during the period of time that the award is in effect: or (3) using forced labor in the performance of the award or subawards under the award. 15. Labor Standards The Applicant will comply with the following federal labor standards: (a) Comply with the provisions of the Davis -Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally -assisted construction contracts or subcontracts. (b) Comply with the Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations. 16. Worker's Compensation The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job before commencing performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq. 17. Property -Related If applicable to the type of project funded by this federal award, the Applicant will: (a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchase. Homeland Security Grant Program — 2016 Grant Assurances 82 of 443 Page 6 of 11 Initials (b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P_L. 93-234) which requires subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. (c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § 469a-1 et seq.). (d) Comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead -based paint in construction or rehabilitation of residence structures. 18. Certifications Applicable Only to Federally -Funded Construction Projects For all construction projects, the Applicant will: (a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project. (b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications. (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. 19. Use of Cellular Device While Driving is Prohibited Applicants are required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving a motor vehicle while using an electronic wireless communications device to write, send, or read a text -based communication. Drivers are also prohibited from the use of a wireless telephone without hands -free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services. 20. Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity's grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Rights Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process. Homeland Security Grant Program — 2016 Grant Assurances 83 of 443 Page 7 of 11 Initials HOMELAND SECURITY GRANT PROGRAM - PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS 21. Reporting Accusations and Findings of Discrimination If during the past three years the recipient has been accused of discrimination on any basis the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS financial assistance office and the DHS Office of Civil Rights and Civil Liberties (CRCL) by e-mail at crcl[a�hq.dhs.gov or by mail at U.S. Department of Homeland Security Office for Civil Rights and Civil Liberties Building 410, Mail Stop #0190 Washington, D.C. 20528. In the event any court or administrative agency makes a finding of discrimination against the recipient, or the recipient settles a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS Component financial assistance office and the CRCL office by e-mail or mail at the addresses listed above. The United States has the right to seek judicial enforcement of these obligations. 22. Acknowledgment of Federal Funding from DHS All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. 23. Activities Conducted Abroad All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. 24. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All recipients who collect PII are required to have a publically-available privacy policy that describes standards on the usage and maintenance of Pll they collect. Award recipients may also find as a useful resource the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template respectively. 25. Copyright All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of Government sponsorship (including award number) to any work first produced under federal financial assistance awards. Homeland Security Grant Program — 2016 Grant Assurances 84 of 443 Page 8 of 11 Initials 26. Energy Policy and Conservation Act All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. 27. Federal Debt Status All recipients are required to be non -delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129. 28. Fly America Act of 1974 All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942 29. Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. §2225a. 30. Non -supplanting Requirements All Applicants who receive awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources. 32. Patents and Intellectual Property Rights Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14. 33. SAFECOM All Applicants who receive awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Homeland Security Grant Program — 2016 Grant Assurances 85 of 443 Page 9 of 11 Initials 34. Terrorist Financing All Applicants must comply with Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of recipients to ensure compliance with the Order and laws. 35. Reporting of Matters Related to Recipient integrity and Performance If the total value of the Applicant's currently active grants, cooperative agreements, and procurement contracts from all federal assistance office exceeds $10,000,000 for any period of time during the period of performance of this federal award, the Applicant must comply with the requirements set forth in the government -wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the terms and conditions of your award. 36. USA Patriot Act of 2001 All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c. IMPORTANT The purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. The Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds. All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the subrecipient may be ineligible for award of any future grants if the Cal OES determines that any of the following has occurred: (1) the recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above. All of the language contained within this document must be included in the award documents for all subawards at all tiers, including contracts under grants and cooperative agreements and subcontracts. All recipients are bound by the Department of Homeland Security Standard Terms and Conditions 2016, Version 6.0, hereby incorporated by reference, which can be found at: https://www.dhs.gov/sites/default/files/publications/Fiscal%20Year%202016%20DHS%20General%20T erms%20and%20Conditions.pdf Homeland Security Grant Program — 2016 Grant Assurances 86 of 443 Page 10 of 11 Initials The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the said Applicant. Applicant: Signature of Authorized Agent: Printed Name of Authorized Agent: Title: Date: Homeland Security Grant Program — 2016 Grant Assurances 87 of 443 Page 11 of 11 Initials FY 2016 STATE HOMELAND SECURITY PROGRAM (SHSP) GRANT APPROVED ALLOCATION JURISDICTION FY2015 - ALLOCATION FY2016 - PROPOSAL CITIES LE - 25% of FY15 Allocation Non -LE TOTAL LE - 25% of FY16 Allocation Non -LE TOTAL % Change from FY2015 to FY2016 CARLSBAD 16,150 65,706 81,856 16,643 68,175 84,818 3.62% CHULA VISTA 31,684 146,537 178,221 32,681 153,285 185,966 4.35% CORONADO 6,306 17,891 24,197 6,203 19,114 25,317 4.63% DEL MAR - 7,325 7,325 - 7,391 7,391 0.90% EL CAJON 18,764 60,654 79,418 18,459 62,249 80,708 1.62% ENCINITAS - 38,750 38,750 - 39,644 39,644 2.31% ESCONDIDO 24,301 85,808 110,109 23,149 89,338 112,487 2.16% ESCONDIDO RINCON DEL DIABLO - 7,644 7,644 - 8,608 8,608 12.61% IMPERIAL BEACH - 19,682 19,682 - 20,347 20,347 3.38% LA MESA 10,459 37,266 47,725 10,288 38,555 48,843 2.34% LEMON GROVE - 19,373 19,373 - 19,887 19,887 2.65% NATIONAL CITY 12,612 37,822 50,434 13,012 38,995 52,007 3.12% NATIONAL CITY - LINCOLN ACRES - 895 895 - 876 876 -2.12% OCEANSIDE 31,684 99,188 130,872 31,471 103,429 134,900 3.08% POWAY - 31,905 31,905 - 33,029 33,029 3.52% SAN DIEGO 276,852 - 276,852 281,572 - 281,572 1.70% SAN MARCOS - 54,829 54,829 - 57,191 57,191 4.31% SAN MARCOS FPD - 8,027 8,027 - 8,094 8,094 0.83% SANTEE - 35,616 35,616 - 36,751 36,751 3.19% SANTEE - CSA 115 - 2,562 2,562 No longer managed by the City of Santee SOLANA BEACH - 12,189 12,189 - 12,549 12,549 2.95% VISTA - 57,894 57,894 - 60,324 60,324 4.20% VISTA FPD - 11,669 11,669 - 12,207 12,207 4.61% TOTAL CITIES 428,812 859,232 1,288,044 433,478 890,038 1,323,516 2.75% FIRE DISTRICTS/OTHER 2-1-1 SAN DIEGO - 70,000 70,000 - 70,000 70,000 0.00% ALPINE FPD - 13,478 13,478 - 13,521 13,521 0.32% BORREGO SPRINGS FPD - 7,068 7,068 Declined DEER SPRINGS FPD - 11,696 11,696 - 11,885 11,885 1.62% JULIAN-CUYAMACA FPD - 6,980 6,980 - 7,330 7,330 5.01% NORTH COUNTY FPD - 33,033 33,033 - 33,680 33,680 1.96% PORT OF SAN DIEGO 18,149 - 18,149 18,459 - 18,459 1.71% RANCHO SANTA FE FPD - 22,592 22,592 - 23,110 23,110 2.29% SAN MIGUEL FPD - 72,939 72,939 - 74,644 74,644 2.34% VALLEY CENTER FPD - 14,260 14,260 - 14,367 14,367 0.75% TOTAL FIRE DISTRICTS/OTHER 18,149 252,046 270,195 18,459 248,537 266,996 -1.18% COUNTY DEPTS OES, HHSA-EMS - 1,384,998 1,384,998 - 1,386,946 1,386,946 0.14% SHERIFF 385,132 - 385,132 389,903 - 389,903 1.24% _ TOTAL COUNTY DEPTS 385,132 1,384,998 1,770,130 389,903 1,386,946 1,776,849 0.38% TOTAL ALLOCATIONS 832,093 2,496,276 3,328,369 841,840 2,525,521 3,367,361 1.17% Notes: *Personnel Cap: Each jurisdiction's allocation has a personnel cap of 50%. *San Diego Sheriff includes: Unincorporated San Diego County and the contracted cities of Del Mar, Encinitas, Imperial Beach, Lemon Grove, Poway, San Marcos, Santee, Solana Beach and Vista. 88 of 443 CC/CDC-HA Agenda 6/6/2017 — Page 89 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the acceptance of $3,000 from American Medical Response, and the establishment of an appropriation and corresponding revenue budget in the amount of $3,000 for the purpose of awarding 89 of 443 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 6, 2017 AGENDA ITEM NO, ITEM TITLE: Resolution of the City Council of the City of National City authorizing the acceptance of $3,000 from American Medical Response, and the establishment of an appropriation and corresponding revenue budget in the amount of $3,000 for the purpose of awarding three 2017 Emergency Medical Service Scholarships to pursue training in Fire Service or Prehospital Care such as Emergency Medical Technician and/or Paramedic. (Fire) PREPARED BY: Frank Parra PHONE: 61 g-336-4551 EXPLANATION: DEPARTMENT: Fire APPROVED BY: The original Agreement adopted on June 20, 2006, between the City of National City and American Medical Response (AMR), was amended on October 19, 2010, to provide up to $6,000 in funds to award scholarships to deserving Sweetwater High School students to attend Fire and/or EMT training at Southwestern College, San Diego Miramar College, and/or Palomar College. This year, the National City Fire Department received three scholarship applications. The Fire Department would like the City to award three scholarships to Sweetwater High School graduates: Phillip Brandon, Julio Angel Cesena, and Roberto Rodriguez Vargas. Each will receive a check for $1,000. The scholarship award winners demonstrated a commitment to working with the National City community. The scholarship can be used for uniforms, books, supplies, and/or to pay for -college tuition. Each student was required to submit an essay describing why it was important to enroll in Fire, EMT or Paramedic training and how the scholarship will help them give back to the National City community. The deadline for applications was April 30, 2017. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. Rev. #001-12125-3637 Exp. # 001-412-125-226-0000 APPROVED: Establish an appropriation of $3,000 in account 001-412-125-226-0000. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: J i STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. 'First Amendment to the Agreement by and between the City of National City and American Medical Response Ambulance Service, Inc. 2. Resolution Finance MIS 3U Oi 44J FIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND AMERICAN MEDICAL RESPONSE AMBULANCE SERVICE, INC. This Amendment to Agreement is entered into this 19th day of October, 2010, by and between the City of National City ("CITY") and American Medical Response Ambulance Service, Inc. ("AMR"). RECITALS A. WHEREAS, on June 20, 2006, CITY and AMR entered into an agreement entitled "Agreement by and between the City of National City and American Medical Response Ambulance Service, Inc."; and B. WHEREAS, the CITY and AMR now wish to amend the Agreement by amending Section II, Subsection A.11(f); Section IV, Subsections B, 1 and 2; and Exhibit "A" regarding mileage reimbursement. C. WHEREAS, the CITY and AMR desire to exercise the option to extend the term of the Agreement for two years, following expiration on June 30, 2011, as provided for in Section VI, Subsection E. NOW, THEREFORE, in consideration of the mutual benefit to be derived therefrom, CITY and AMR agree as follows: 1. The term of the Agreement is extended for an additional two years from the time the current agreement expires on June 30, 2011 to June 30, 2013, as permitted in Section VI.E.1 of the Agreement. following: 2. Section II, Subsection A.11(f) is amended by modifying the last sentence of the paragraph as follows: Provide funding of up to $6,000 per year for uniforms, books and supplies, or to fund scholarships for students to attend Fire and/or EMT training at Southwestern College, San Diego Miramar College, and/or Palomar College, 3. Section IV, subsections B.1 and B.2 are amended by adding the B.1. Effective October 19, 2010, the Ambulance Service Base Rate for Advanced Life Support is $1,664.51. 1 91 of 443 Resolution No. 2010 — Page 2 8.2. Effective October 19, 2010, the calls for service for which the patient care meets transportation criteria as defined in the Medicare Ambulance Fee Schedule or successor versions thereof is $1, 923.33. 4. The mileage rate set forth in Exhibit fzA" to the Agreement is amended by increasing the mileage rate to $24.26 per mile, effective October 19, 2010. 5. Each and every provision of the "Agreement by and between the City of National City and American Medical Response Ambulance Service, Inc.", dated June 20, 2006, shall remain in full force and effect, unless specifically amended by this First Amendment. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed the day and year first herein set forth. CITY OF NATIONAL CITY AMERICAN MEDICAL RESPONSE AMBULANCE SERVICE, INC. By: By: Ron Morrison, Mayor Kurt Williams, Chief Executive Officer APPROVED AS TO FORM: Claudia G. Silva City Attorney 2010 Amendment to Agreement 2 City of National City and American Medical Response 92 of 443 CC/CDC-HA Agenda 6/6/2017 — Page 93 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City: 1) accepting the work performed by Portillo Concrete, Inc. for the E 16th Street and Grove Street Pedestrian Enhancements Projects, CIP No. 16-03; 2) approving the final contract amount of $98,4 93 of 443 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 6, 2017 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City: 1) accepting the work performed by Portillo Concrete, Inc. for the El Vh Street and Grove Street Pedestrian Enhancements Projects, CIP No. 16- 03; 2) approving the final contract amount of $98,418.50; 3) ratifying the release of retention in the amount of $4,920.92; and 4) authorizing the Mayor to sign the Notice of Completion for the project. PREPARED BY: Alynn Sun, Junior Engineer - Civil PHONE: 619-336-4362 EXPLANATION : See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. NIA ENVIRONMENTAL REVIEW: NIA ORDINANCE: INTRODUCTION: I I FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution accepting the work performed by Portillo Concrete, Inc. for the E 16th Street and Grove Street Pedestrian Enhancements Projects, CIP No. 16-03 and approving the final contract amount of $99,759.00 BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Notice of Completion 3. Final Contract Balance Report 4. Resolution 94 of 443 EXPLANATION The E. 16th Street and Grove Street Pedestrian Enhancements Project, CIP No. 16-03, included The roilvwing pedestrian and Americans with Disabilities Act (ADA) enhancements for the intersection of E. 16th Street and Grove Street: removal and replacement of existing curb, gutter, sidewalk and curb ramps, AC overlay, AC paving, slurry seal, high intensity signing and striping, and corner bulb -outs for traffic calming. On August 24, 2016, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On August 24 and August 31, 2016, the bid solicitation was advertised in local newspapers. On September 13, 2016, 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. Portillo Concrete, Inc. was the apparent low bidder with a total bid amount of $99,759.00. Upon review of all documents submitted and reference checks, Portillo Concrete, Inc,'s bid is responsive, and they were the lowest responsible bidder qualified to perform the work as described in the project specifications. Staff recommended awarding a contract in the not to exceed amount of $99,759.00 to Portillo Concrete, Inc. for the E. 16th Street and Grove Street Pedestrian Enhancements Project, CIP No. 16-03, and authorizing a 15% contingency inthe amount of $14,963.85 for unforeseen changes that may arise. This project was funded through existing TransNet Prop A appropriations. The Notice to Proceed with construction was issued on November 16, 2016 with a construction start date of December 12, 2016. The attached Final Contract Balance reports final line item amounts with a total decrease of $1,340.50 due to numerous line item adjustments. As a result of satisfactory completion of the project, staff recommends that City Council: 1) accept the work of Portillo Concrete, Inc. for the E 16th Street and Grove Street Pedestrian Enhancements Projects, CIP No. 16-03; 2) approve the final contract amount of $98,418.50; 3) ratify the release of retention in the amount of $4,920.92; and 4) authorize the Mayor to sign the Notice of Completion for the project. The Notice of Completion will be filled with the San Diego County Recorder's Office. 95 of 443 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: NAME: CITY OF NATIONAL CITY ADDRESS: 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on January 19, 2017 of E 16th Street and Grove Street Pedestrian Enhancements, C1P No. 16-03 Work of improvement or portion of work of improvement under construction or alteration. Intersection of E 16th Street and Grove Street along with four corners and pedestrian ramps. Street Address City State Zip Code The undersigned owns the following interest or estate in. said property: Owner in fee Nature of the interest or estate of owner (mortgagor, lessee, eta) Said work of improvement was performed on the property pursuant to a contract with Portillo Concrete, Inc. Name of Original Contractor The following work and material were supplied: Labor provided: general laborer. Materials: concrete, masonry, asphalt, irrigation, landscaping, street lighting, and signing and striping. Equipment: demolition. grading. paving and excavation equipment. General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Joint tenants, tenants in common, or other owners Dated: January 19, 2017; Signature of Owner City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof ; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on January 19, 2017 at, National City, California. Signature: RON MORRISON, MAYOR Non 15-10 96 of 443 FINAL CONTRACT BALANCE DATE: March 31, 2017 PROJECT: E. 16th St. and Grove St. Pedestrian Enhancements Project Specification No. 16-03 TO: Portillo Concrete, inc. 3527 Citrus 5t. Lemon Grove, CA 91945 ORIGINAL CONTRACT AMOUNT: START DATE: COMPLETION DATE: ORIGINAL CONTRACT LENGTH: EXTENTION OF WORK DAYS: TOTAL. CONTRACT TIME: DESCRIPTION: $99,759.00 December 12, 2016 January 18, 2017 20 Working Days 12 Working Days 32 Working Days The Final Contract Balance reports final line item amounts and summarizes all change orders to produce a final contract amount. CHANGE ORDERS AND LINE ITEM ADJUSTMENTS: There were no change orders issued on this project. There were numerous line item adjustments per the attached FINAL BILLING STATEMENT that resulted in a total decrease of $ 1,340.50. CONTRACT ADJUSTMENT: As a result of the above line item adjustments, the contract price is adjusted as follows: 1. The final contract price is adjusted to $ 98.418.50. 2. As a result of the satisfactory completion of said project, a retention amount of $ 4,920.92 is set for invoice processing and payment upon the receipt of signatures and City Councii's ratification of this agreement and the Notice of Completion. This document and its purpose to balance payment shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. Portillo Concrete, Inc. will not be entitled to damages or 97 of 443 CC/CDC-HA Agenda 6/6/2017 — Page 98 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving the Park Lofts Subdivision Map, Case File Number 2012-03 S, and authorizing the Mayor and City Clerk to sign map. (Engineering/Public Works) 98 of 443 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 6, 2017 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving the Park Lofts Subdivision Map, Case File Number 2012-03 S, and authorizing the Mayor and City Clerk to sign map. PREPARED BY Charles Nissley 0 PHONE: 336-4396 EXPLANATION: See attached. DEPARTMENT. Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. NIA ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: STAFF RECOMMENDATION: Finance MIS Adopt the Resolution approving the Park Lofts Subdivision Map, Case File Number 2012-03 S, and authorizing the Mayor and City Clerk to sign map. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Subdivision Map 2. Copy of Subdivision Guarantee 3. Resolution 99 of 443 EXPLANATION Paradise Creek Holding, LLC is the owner of the property located at 1509, 1531 and 1535 National City Boulevard. They have submitted plans to construct Park Lofts Subdivision, a mixed -use development consisting of 201 dwelling units and approximately 10,000 sf. of ground floor commercial and office space. A street vacation was previously processed for the alley bisecting the property and for the southerly 40 feet of W. 15th Street right of way (25 feet remaining for public access). On October 7, 2014, subsequent to a public hearing, City Council adopted Resolution No. 2014-146 approving a modification of a previously approved tentative subdivision map and consistency review for Park Lofts. Prior to starting building construction, the attached subdivision map must be accepted by City Council, signed by the Mayor and filed with the County Recorder's Office. Staff has reviewed the map and determined that it is has been reviewed for technical correctness and signed by Richard C. Maher, State of California Licensed Land Surveyor, on behalf of the City of National City. The map has been reviewed and signed by the Assistant Director of Engineering and Public Works. Paradise Creek Holdings, LLC is requesting that the map be approved by council and the mayor authorized to sign the map. 100 of 443 MAP NO. OWNER'S CERTIFICATE 4A: FIERIs7Y C[n0rY THAT NE ARE TFE /MI44S CC CR ARE INTERESTED IN THE LAND TD DE SUMMED 8Y nos IMP AND Off crowd'. 16 (T8 PREPARATX7N AMC' REGOADADON 4F Nis MA'. NE HEREBY GEL5CA7e To THE PUBLIC TLIRse 00511(0M °F 197H Si9EET, NADOYAL CITY ururVAx) AND 16TH STREET As SNOW CN ip45 4P MOON THUS SOBO+AS(ON. NE HEREBY 24022ATE ID The P71 OF 118249AL GAY 7R. SEVER EASEMENT As soma oM RAS NAP NIna1 1HS SUEIDIW1NAN. TH.6 .9XIOAASION 1 A CONDOWI MI PROMO?' A3 CeV+E) M SE000 4128 OF AV' OWL CODE OF THE STATE, LF CALIFORNIA, CONTNNRIG A 1MAMIU7.1 CF 229 DN¢15NG UNITS Ah0 fs ma, P(ARSUANT TD THE suNWMSI0N 'LAP ACT PARAERSE 71)1-R HOLOSNG CORPORATION. A CAN.IF0RNIA CORPORA11mt BNAM4MAgK 9H'1, HMITT TILE; w7Sd0EH7 SIGNATURE OMISSIONS TNe 54UY4ATURES OF NE AOr.LO4NG PARTIES, FIOLDe1ES OF EABEMEM7S As NOTED BELOW. HAVE DEr5 OMITTEDANDER THE xa DF DTITWW1) GovERANAFHT DREFRERT 5D0 Y CANN0T RIPEN IM7D A FEE. 71TLE, AND SAID SIGNATURES ARE NOT RC1AA5Eo eY THE 20TEPNIN6 I5)3 I. Meal BR08ff7S N4RF op. 1130 R3 or AN EASERt 11' 70 CDNSITIVEr AFA NAIN1A44 .'USES CANALS OR AOOEG,CT5 A(A INUCEM7AL PURPOSES DA1FL 8A4E 9, 1969 AND WOWED OO7OBER 7fi M69 IN B2O14 7, PALE 724 CF 54795 THE INTEREST HAS .Ma' BEEN PASA2 7P ANO Nor WE'S15 OF RECORD AI MY '16 2DRHM }N1mme AND TELEPHONE COMPANY. 2, CITY 0' NATIONAL arr. L101OEI OF AN EASEMENT FOUR PD®LF0 Ufiu7Y's RE0ERIAM 8Y RERUI.UTPON HG. 7849, R5GOR2ED DECEMBE'4 14, um AS BOOM 8047. FADE' 423 2* 0FFN7AL RF4 514 a ER? DELI GAS AND ELECOPJG' CO. WILDER OF AN EASEMENT PDIi PJOUC 4'71UoOs RECORD Cc4OEe( a, 7974 AS DDC7UIXT NO, T-799956 OF DFF7CWL RECoRom 4. CITY or NATIONAL GATT', HOLDER OF AN EASEMENT FON DRAINAGE AND if/MENTAL -PURPOSES. NYOm0E) MAY O, 1871E As D0G14ff14T NO M-TA206R 1A0 OFFICIAL REOCTR g 9iIYUMARK 139-91M-CT: 313112017 T 1:fiim ANi PARK LOFTS CASE NO, 20T2-03 S, DAD IN THE CITY OF NATIONAL CITY mpg A SUBDIATION OF LOTS I TO 20 RICUSNE N BLOCK 1 OF 10 ACRE LDT 8 8 GAMIER SEGTAIN T54 at RANCHO GE LA NAG101Y, IN THE WRY OF NAIANAL CITY. CM". OF LAN DECO, sTATE 00 CAL'FA4AA, A641342 G TD MAP T710NEOF NO O62. FRED AP THE OFFICE OF TMe LIDLANTY NErimorir OF BAR 3164H6 Swo o 8LCC9 T GO SAS FJyMSEO AND VACATED 1%810 USE. Y Ian TERWMER MTh. RE REM HALF OFAVENUE gummy D7APANIQ' PAEYACD Be' STEWART 7m.E Gr CALIFORNO. RC, 1YDER RI J74698. Ohm E 2712GFT. A NOTARY PriFkrC DR Oi1ER GFFlCER 004P1100C 7M3 CER78PTA1E Ve1IFlE6 ONLY THE IDENTITY Or THE (NWHWJAL 174O SIGNED THE 7RU79R81ERK ACCURA LAY. OR YADDITY 6F NAT D elr• NOY PIE STATE OF CM.F0TIuA) .5 moan of SAY MEW AY 1377. 8&TAE HE. wpm?. 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WARIER 3EORON 19fi um., NO. 552 AND NNAT PoNn[N LL' THE SGDo{ mu- or MIN STREET SEMEN RIF (4CWRFRLY RVYINAY tar OF NATIORY CITY BGLTE4ARN ARE MEREST Y AD ayooNED. 911' RON NalaIRC F, MAYOR a7YOF NATIONAL COY, CAMANNA P" i R. DADA. an4nx 6177 CRY CF RATIOSN ATV, DALFGAFAA DATED GATED CLERK OF THE BOARD OF SUFERWSORS 1, DA44O HALL 0LEIEK OF THE 5QAR.7 or 5UPERVL50R5 CF 'TIE cautery OF BAN DEM HEREBY (2R'AFY THAT TIN' PROMS4C18 OF 7HE 5118W'4S1IM MAP ACT (a'TISNG4 2 CF TITLE 7 OF Tm 00 E)N5ENT H•n'IF) RE1+ARa470 AJ DEPOSITS FOT TARES AND i8) 74RNi1GAACA4 or DE ABSENCE CF 1JERs FOR UNPAID STATE cm/1 MUMC)PAL OR LOCAL TAWS ON SPECIAL ASDE519NT8 COLLECTED AS TVES 412PT NOSE NOT YET PAYABLE; HAVE RUN O 41270O FIIM DARIO Wet GSERK OF THE SCAR OF SUPER15DRS gr. PEWIT SAYE: SHEET 1 OF 2 SHEETS SURVEYOR'S STATEMENT 1, HARK 5. 89ENL1C7, A UCENsLo LAM° S7RLEYOR OF n(e STATE OF CAUFORMA, STATE THAT TN(5 MAP WAS PREPARED BY ACE FIR o(u)ER MY DIRECTION AND 4 BASED UPON A J1LLD SURVEY IN 017498 AlANOE domes THE RE04A ENIENrS OF THE A ROPAST14 YAP ACT AHD 201700 (24GUMN4TE IN FERRUARY, 2a12, AND 1 STATE TNA7 SAID SD94EY 15 TRUE AN° OOMFLEIE A3 SNOYA! AND THAT ALL STAKES, HOMANEN75 AND MARKS FODHD, TOGETHER WITH PPCCSf�110M53' SHO1NN THEREON, AANS OffSUYITCENT TO ENABLE THE suR4EY 70 8E .RE7.?ACE°. (SEE LEGEND ON SHEET 2). I HEREBY ETA7E 7NAT THIS MAP SU827AXTIALLY CONFORH7 70 ME APPROW° OR 6]4Ap1IGNALLY 4PPROH74 1EMIADL£ MAP. ✓F ANY, LEARN A. LBECEICP, LS 7226 -DATE CITY ENGINEER'S ST4 MENT L AUNA MUTFA!SrWY AS 6596TED BY THE MY (N09209 OF THE CITY OF NATIw, are, OALEENNA, STATE THAT P HATE EXAMINED DFS NA9, MOT THE 5U9JPA1P1 1S 37751ANRALY TIE SANE As IY APPEARS' ON TIE 4N7AR4F .NA" ATAI ANY APPF)0410 ALIERAAGN3 P:4AEO4C n(A7 ALL 44E 96.01451oRS OF DL^ SI!_40'41SIX9 MAP ACT OF ME STATE OF CAL4'O'PYA As ANEW7EOL AND W' ANY LOCAL ORDINANCE CF S'A) 1211 APPOCARLE AT NNE WE 24' IRL APPROVAL OF 1AE 7EM11(1E MA^ MYE 02014 COMPLIED RIR `TUNA MUTHl00ANY. TN.r '7MON- NSFTED THAT T IS TYG GALLY CORK 7iRE WE41EC FORPAP AMOT THE CIT NAIRLMAL My BY NARRLS AHD A990CM1E5. RICHARD a MAZER. 1S 7594 EXINRY3: 8EGfi18ER 51. 2D17 OM HFRAIMN DATE RECORDER'S CERTJFICCATE FAE NO - L mg.! oraieS511120,J4- CORM RECORDER W TIE 04077 L'F SAM OM mrE AMP 5.72i�AT ?NC Rr460T OF NARK DM2NO2, 8L5 -DAY LT_ 2017, Ai -4'CL ER557 J. 081NENBORCa +'Y. COONTYFE4l71'0'-'R 8T" 7TY: S42AG DEPUTY DOL.1P1'Y RECORDER C.Y.T. COEND. 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EASEI(ENT NOTES «1 A PUBLIC OIO1Tr EASELLCM7 R23EROE0 70 THE Orr OF IDENCI1AL CITY 01 RESa5110Y ,NM R4A RFCIDD= 00004 F 71, 7P60 A5 BCOx 5211. 1'145E 443 OF OFFICIAL ,TLaIos AN E3SRNB EASELF171ram MCC URUILF77 70 SAO A L. atom OrT11BFR A r874 AS D 021?37r N0 r4-28A954 OF TITO& RECORDS, ('JG A4 EYFS11Nc EASEMENT FOR DRAIMAOE An INCIDENTAL 15L*POsa 7D THE cry or 010441 ar0, t00700E0 MAY 4 I97d A5 G8CLSLLE1T ma 78-I020NS O' OF7'1A1 0002101 A SWIM Or 751H MEET A7R Alin AlPNONIED HEP3U4. ID moms SEDER EA3322(7 AWARD AM ACC2178T MEN - AM E53L91O EASENB 7 10 1ffi451MIC7 AND 1M6J2AP' ELOAKt rANAL5 OR AM¢DOGTS AM mark mamas lU ANDALL BR0THEN2 24179 OPT AEGa1DED AWE 9, 14w ING0' 1, EN1,C 80 PAGE 124 OF A2'011AS5E). 0 JO 20 30 40 Ho 720 760 57u r.. 7' 40' CALIF. 70ORO. B9DfX 1117-773' 102 of 443 Guarantee (08-05-14) File No,; 374598 SUBDIVISION GUARANTEE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, AND THE GUARANTEE CONDITIONS ATTACHED HERETO AND MADE A PART OF THIS GUARANTEE, STEWART TITLE GUARANTY COMPANY, a corporation, herein called the Company GUARANTEES the Assured named in Schedule A of this Guarantee against Toss or damage not exceeding the Amount of Lability stated in Schedule A, sustained by the Assured by reason of any incorrectness in the Assurances set forth in Schedule A. Countersigned by: stewart tltfe guaranty company Stewart Title of California, Inc. 7676 Hazard Center Drive Suite 1400 San Diego, CA 92108 Agent ID: 060070A Ante 1 of Guarantee Serial No. G-291 D-000 l+°I 0503 a California Land Title Association, All rlghts reserved. The use of this Form 1s restricted to CLTA subscribers In good standing as of the date of use. At' other uses are prohibited. Reprinted under license or express permission from the California Land Mlle Assoc!atior. File No.: 374598 Guarantee Serial No.: G-291O-01:1O0OO5C3 Matt Morris PreSlflent and CEO Denise C�ttx Sambry 103 of 443 Guarantee (06-05-14) EXCLUSIONS FROM COVERAGE Except as expressly provided by the assurances in Schedule A, the Company assumes no liability for loss or damage by reason of the following: Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the Land. Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the Public Records (1) that are created, suffered, assumed or agreed to by one or more of the Assureds; ar (2) that result in no loss to the Assured. Defects, liens, encumbrances, adverse claims or other matters not shown by the Public Records„ The identity of any party shown or referred to in any of the schedules of this Guarantee, The validity, legal effect or priority of any matter shown or referred to in any of the schedules of this Guarantee, (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the Public Records, (1) Unpatented mining claims; (2) reservations or exceptions In patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the Public Records. GUARANTEE CONDITIONS 1, Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in Schedule A, or on a supplemental writing executed by the Company. (b) "Land": the Land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "Land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, Interest, estate nr easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "Mortgage": mortgage, deed of trust, trust deed, or other security instrument, (d) "Public Records": those records established under California statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "Date of Guarantee": the Date of Guarantee set forth in Schedule A. 2. Notice of Claim to be Given by Assured. The Assured shall notify the Company promptly in writing in case knowledge shall come to the Assured of any assertion al facts, or claim of title or interest that is contrary to the assurances set forth in Schedule A Schedule A and that might cause loss or damage for which the Company may be liable under this Guarantee. Jf prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall In no case prejudice the rights of the Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. C California Land Mlle Association. Aii rights reserved. The use of this Form Is restricted to CITA subscribers In good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association File No.: 374538 Guarantee Serial No.: Page 2 G-2910-000000503 104 of 443 Guarantee (06-05-14) 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to Institute and prosecute any action or proceeding, interpose a defense, as limited in Paragraph 4 (b), or to do any other act which In Its opinion may be necessary or desirable to establish the correctness of the assurances set forth in Schedule A or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. 11 the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company e]ects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of Its choice (subject to the right of the Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, In Its sole discretion, to appeal from an adverse Judgment or order, (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, the Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the Assured for this purpose. Whenever requested by the Company, the Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the correctness of the assurances set forth in Schedule A or to prevent or reduce loss or damage to the Assured.. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate, 5. Proof of Loss or Damage. (a in the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Assured furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. (b) In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, oheckie eareaepooduricae and memoranda, "vrtether :eerlog r: data before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, In writing for any authorized nprcccit tivc of the Company to `3eSlre, inspect and copy ail records, bucks, ledgers, checks, correspondence and memoranda in the custody or contro] of a third party, which reasonably pertain to the loss or damage. All Information designated as confidential by the Assured provided to the Company pursuant to this paragraph shall not be disclosed to others unless, in the reasonable judgment of the Company, it Is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested Information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6 Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee. The Company shall have the following adclitiop& cptlons: (a) To pay or tender payment of the Amount of L1abil`.ty together with any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment or tender of payment and that the ® Calrforrile LaaSd Title Association. AEI rights reserved. The use of this Form Is restricted to CLTA subscribers in good standing as of the date of use. Ali other uses are prohibited. Reprinted under license or express permission from the Callromla Land Title Assocation File No.: 374598 Guarantee Serial No.: Page 3 G-2910-000000503 105 of 443 Guarantee (06.05-14) Company is obligated to pay. (b) To pay or otherwise settle with the Assured any claim assured against under this Guarantee, in addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment or tender of payment and that that the Cornpany is obligated to pay; or To pay or otherwise settle with other parties for the foss or damage provided for under this Guarantee, together with any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in 6 (a), (b) or (c) of this paragraph the Company's obligations to the Assured under this Guarantee for the claimed loss or damage, other than the payments required to be made, shall terminate, including any duty to continue any and all litigation initiated by the Company pursuant to Paragraph 4. (c) 7. Limitation of Liability. (a) This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth In Schedule A and only to the extent herein described, and subject to the Exclusions From Coverage of this Guarantee, (b) If the Company, or the Assured under the direction of the Company at the Company's expense, removes the alleged defect, lien or, encumbrance or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respeot to that matter and shall not be liable for any loss or damage caused thereby. (c) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom. (d) The Company shall not be liable for loss or damage to the Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 8. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the Amount of Liability under this Guarantee pro Canto. 9. Payment of Loss. (a) No payment shal] be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lest or destroyed, in which case proof of loss or destruction shall be furnished to iiho satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions, the loss or damage shall be payable within thirty (30) days thereafter. 10. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest In the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation invorving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all 0 California Land Title Association. Air Tights reserved. The use of this Form is restricted to CLTA subscribers In good standing as of :he date of use. Al other uses are prohibited. Reprinted under license or express permission from the California Land Tige Association File No.: 374598 Guarantee Sella! No.: Page 4 G-2910-000000603 106 of 443 Guarantee (06-05-14) rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection, © California Land Title Association. All rights reserved. The use of this Form Is restricted to CLTA subscribers In good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land TiI]eAasociallon File No.: 37459E Guarantee Serial No.: Page 5 G-2910-000000503 107 of 443 Guarantee (06-05-14) 11. Arbitration. Either the Company or the Assured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"), Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its Issuance or the breach of a Guarantee provision, or to any other controversy or claim arising out of the transaction giving rise to this Guarantee. All arbitrable matters when the amount of liability Is $2,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability Is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. Arbitration pursuant to this Guarantee and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent Jurisdiction. 12. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. in interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) iNo amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company, 13. severabillty. in the event any provision of this Guarantee, in whole or in part, is held invalid or unenforceable under applicable law, the Guarantee shall be deemed not to include that provision or such part held to be invalid, but al] other provisions sha!I remain In full force and effect. 14. Choice of Law; Forum. (a) Choice of Law: The Assured acknowledges the Company has underwritten the risks covered by this Guarantee and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the Interpretation, rights, remedies, or enforcement of Guaranties of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is !ocated to determine the validity of claims that are adverse to the Assured and to interpret and enforce the terms of this Guarantee, In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Assured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 15. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include tho number of this Guarantee and shall be addressed to the Company at P.O. Box 2029, Houston Texas 77252-2029. �Callfornia Land Title Association. All rights reserved. The use of ibis Form is restricted to CL TA subscribers In good standing as of the date of use. All other uses ere prohibited, Reprinted under license or express permission from the California Land TdleAssociatlon File No.: 374598 Guarantee Serial No.: G-2910-000000503 Page 8 108 of 443 CLTA Guarantee Form No. 14 (08-O6-14) - Subdivision SCHEDULE A Subdivision Guarantee File Mo.: 374598 Customer Reference: Park Lofts Guarantee No.: G-2910-000000503 Amount of Liability: $1,000.00 Date of Guarantee:.March 27, 2017 at 7:30 a.m. Fee: $500.00 1. Name of Assured: Paradise Creek Holding Corporation and the City of National City 2. Subdivision Map Reference: Park Lofts 3. The map referred to above recites that it is a subdivision of the following described Land: SEE EXHIBIT "A" ATTACHED HERETO 3. ASSURANCES: According to the Public Records the only parties having any record title interest in the Land included within the exterior boundary shown on the map of the above referenced subdivision whose signatures are necessary, under the requirements of the Subdivision Map Act, on the certificates consenting to the recordation of said map and offering for dedication any streets, roads, avenues and other easements offered for dedication by said map are: Paradise Creek Holding Corporation, a California corporation Omissions: Pursuant to Section 66436, Subsection (a)(3)(A)(1), of the Subdivision Map Act, the signatures of the following owners of easements have been omitted, their interest being such that it cannot ripen into fee title and said signature :s not required by Governing Body: 1) Kimball Brothers Water Co., holder of an easement to construct and maintain flumes, canals or aqueducts and incidental purposes, dated June 9, 1869 and recorded October 14, 1869 in Book 7, Page 124 of Deeds, the interest has since been passed to and now vests of record in the California Water and Telephone Company. 2) City of National City, holder of an easement for public utilities reserved by Resolution No. 7649, recorded December 11, 1959 as Book 8041, Page 493 of Official Records. 3) San Diego Gas and Electric Co., holder of an easement for public utilities, recorded October 8, 1974 as Document No. 74-269958 of Official Records. 0Ca iromra Land Title Association. An rights reserved. The use of this Form Is restricted fo C LTA subscribers In good standing as of lha date or use. All other uses are prohibited. Reprinted under license or express perm'.ss[on from the California Land Title Assoclatioa File No.: 37459E Guarantee No,; G-2910-000000503 CLTA Guarantee Form No, 14 (06-05-14) Subdivision Guarantee Stewart Title Guaranty Company Page 1 of 3 109 of 443 CLTA Guarantee Form No. 14 (08-05-14) - Subdlvlslon 4) City of National City, holder of an easement for drainage and 'incidental purposes, recorded May 5, 1978 as Document No. 78-182066 of Official Records. Stewart Title Guaranty Company @ California Land Title Association, All rights reserved. The use of tits Form Is restricted to CLTA subscribers in good standing as of the data of use. A7 other uses are prohibited. Reprinted under license or express permission from the California Land Tile AseoclaUon File No.: 374598 Guarantee No.: G-2910-000000503 Page 2 of 3 CLTA Guarantee Form No. 14 (06-05-14) Subdivision Guarantee 110 of 443 CLTA Guarantee Form No,14 (O6-O5-14) - Subdivision EXHIBIT "A" LEGAL DESCRIPTION LOTS 1 TO 20 INCLUSIVE IN BLOCK 1 OF TIE SUBDIVISION OF 10 ACRE LOT 8 IN QUAR1ER SECTION 154 IN RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 552, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JULY 2, 1888. TOGETHER WITH THE WESTERLY 1/2 OF THE STREET NOW CALLED "A" AVENUE ADJOINING SAID BLOCK 1 ON THE EAST AS CLOSED AND VACATED TO PUBLIC USE. California Land Title Association. Air rights reserved. The use of this Form Is restricted to C LTA subscribers In good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission frorn the Calfornila Lend TitieAssociation File No.: 374598 Guarantee No.: G-2910-000000503 CLTAGuarantee Form No. 14 (06-05-14) Subdivision Guarantee Stewart Title Guaranty Company Page 3 of 3 111 of 443 CC/CDC-HA Agenda 6/6/2017 — Page 112 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing fund appropriations for the Beverage Container Recycling City/County Payment Program from the California Department of Resources Recycling and Recovery (CalRecycle) for FY14 through F 112 of 443 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 6, 2017 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing fund appropriations for the Beverage Container Recycling City/County Payment Program from the California Department of Resources Recycling and Recovery (CalRecycle) for FY14 through FY16. PREPARED BY: Tirza Gonzales, Executive Secretary PHONE: 619-336-4318 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMFNT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS Expenditure Account No. 172-416-225-399-9071 $5,398 (FY16 Beverage Container Recycling Program Expenditure Account No. 172-416-225-399-9071 $15,850 (FY15 Beverage Container Recycling Program Expenditure Account No. 172-416-225-399-9072 $15,538 (FY14 Beverage Container Recycling Program ENVIRONMENTAL REVIEW: NIA ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD 1 COMMISSION RECOMMENDATION: NIA ATTACHMENTS: 1. Explanation 2. Resolution 113of 443 Explanation The Beverage Container Recycling City/County Payment Program with the Department of Resources of Recycling and Recovery (CalRecycle) awards funds to eligible California cities and counties specifically for beverage container recycling and litter cleanup activities. The goal of the program is to reach and maintain an 80 percent recycling rate for all California Refund Value beverage containers- aluminum, glass, plastic, and bi-metal. Projects implemented by cities and counties will assist in reaching and maintaining this goal. The City of National City has received funds from this program since FY 2005-06. For the period FY14 through FY16, the City of National City was awarded a total of $46,278 in funds to implement such projects as Beverage Recycling Containers in community parks, clean-up events, and educational materials. The City will be utilizing these funds to purchase Beverage Recycling Containers for Paradise Creek Educational Park, Kimball Park, El Toyon Park, Las Palmas Park, and the Aquatic Center, and to purchase reusable tote bags specifically designed to education and promote beverage container recycling. Starting with the FY15 funding cycle, jurisdictions have a 24 month term to expend funds. Reporting will require submitting back-up documentation, including proof of purchases, for all expenditures. Failure to meet this reporting due date may result in the denial of funding and collection of unspent/unreported funds. Staff recently applied for the Beverage Container Recycling City/County Payment Program for FY17 to purchase and install more Beverage Recycling Containers in our parks, as well as purchase totes specifically designed to educate about beverage container recycling. 114 of 443 CC/CDC-HA Agenda 6/6/2017 — Page 115 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City: 1) accepting the work performed by Western Rim Constructors, Inc. for the Kimball, El Toyon and Kimball Skate Park Improvements Projects, CIP No. 15-04; 2) approving the final contract amount of 115 of 443 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 6, 2017 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City jtho izing fund appropriations for the Beverage Container Recycling City/County Payment Program from the California Department of Resources Recycling and Recovery (CalRecycle) for FY14 through FY16. PREPARED BY: Tirza Gonzales, Executive Secretary PHONE: 619-336-4318 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS !Expenditure Account No. 172-416-225-399-9071 $15,398 (FY16 Beverage Container Recycling Program Expenditure Account No. 172-416-225-399-9071 $15,859 (FY15 Beverage Container Recycling Program Expenditure Account No. 172-416-225-399-9072 $15,638 (FY14 Beverage Container Recycling Program ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: El STAFF RECOMMENDATION: Adopt the Resolution authorizing fund appropriations for the Beverage Container Recycling City/County Payment Program from CalRecycle for FY14 through FY16. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHM ENTS: 1. Explanation 2. Resolution 116 of 443 Explanation The Beverage Container Recycling City/County Payment Program with the Department of Resources of Recycling and Recovery (CalRecycle) awards funds to eligible California cities and counties specifically for beverage container recycling and litter cleanup activities. The goal of the program is to reach and maintain an 80 percent recycling rate for all California Refund Value beverage containers - aluminum, glass, plastic, and bi-metal. Projects implemented by cities and counties will assist in reaching and maintaining this goal. The City of National City has received funds from this program since FY 2005-06. For the period FY14 through FY16, the City of National City was awarded a total of $46,895 in funds to implement such projects as Beverage Recycling Containers in community parks, clean-up events, and educational materials. The City will be utilizing these funds to purchase Beverage Recycling Containers for Paradise Creek Educational Park, Kimball Park, El Toyon Park, Las Palmas Park, and the Aquatic Center, and to purchase reusable tote bags specifically designed to educate and promote beverage container recycling. Starting with the FY15 funding cycle, jurisdictions have a 24 month term to expend funds. Reporting will require submitting back-up documentation, including proof of purchases, for all expenditures. Failure to meet this reporting due date may result in the denial of funding and collection of unspent/unreported funds. Staff recently applied for the Beverage Container Recycling City/County Payment Program for FY17 to purchase and install more Beverage Recycling Containers in our parks, as well as purchase totes specifically designed to educate and promote beverage container recycling. 117 of 443 CC/CDC-HA Agenda 6/6/2017 — Page 118 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City: 1) accepting the work performed by West -Tech Contracting, Inc. for the Paradise Creek Restoration Project, CIP No. 15-05; 2) approving the final contract amount of $1,671,952.06; 3) ratifying th 118 of 443 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 6, 2017 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City: 1) accepting the work performed by West - Tech Contracting, Inc. for the Paradise Creek Restoration Project, LIP No. 15-05; 2) approving the final contract amount of $1,671,952.06; 3) ratifying the release of retention in the amount of $83,597.60; and 4) authorizing the Mayor to sign the Notice of Completion for the project. PREPARED BY Carla Hutchinson, Junior Engineer Civil PHONE: 619-336-4388 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: .N/A ENVIRONMENTAL REVIEW: NIA ORDINANCE: INTRODUCTION: FINAL ADOPTION: I I Finance MIS STAFF RECOMMENDATION: Adopt Resolution accepting the work performed by West -Tech Contracting, Inc. for the Paradise Creek Restoration Project, CIP No. 15-05 and approving the final contract amount of $1,671,952.06. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1 Explanation 2. Notice of Completion 3. Final Contract Balance Report 4. Resolution 119 of 443 I EXPLANATION The Paradise Creek Restoration Project, CIP No. 15-05, constructed multiple bioretention areas and expanded wetlands habitats in and around Kimball Park to treat a highly urbanized drainage area of approximately 77 acres. The project also restored approximately 1,050 iinear feet of Paradise Creek through Kimball Park by removing the concrete channel, widening the creek and reintroducing native vegetation. The project implemented low -impact development (LID) to improve water quality from urban storm water runoff and provided an opportunity for residents and guests to interact with a natural, tidally -influenced water body through the park. On July 14, 2015, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On July 10, 2015, the bid solicitation was advertised in local newspapers. On August 6, 2015, four (4) bids were received electronically on PlanetBids by the 3:00 p.m. deadline. Bid results were available immediately after the 3:00 p.m. deadline. West -Tech Contracting, Inc. was the apparent low bidder with a total bid amount of $1,660,922.33. Upon review of all documents submitted and reference checks, West -Tech Contracting, Inc.'s bid is responsive, and they are the lowest responsible bidder qualified to perform the work as described in the project specifications. On September 1, 2015, the City Council adopted Resolution No. 2015-137 awarding the contract to West -Tech Contracting, Inc. in the amount of $1,660,922.33 to West -Tech Contracting, Inc. and authorized a 15% contingency in the amount of $249,138.35 for any unforeseen changes. The Notice to Proceed with construction was issued on September 28, 2015, with a construction start date of September 28, 2015. The change orders issued for this project are detailed in the Final Contract Balance Report (see attached). The change orders increased the contract by $6,945.07, and line item adjustments increased the contract by $4,084.66, for a net increase of $11,029.73 to the contract. This results in a 0.7% contract increase for a final contract balance of $1,671,952.06. As a result of satisfactory completion of the project, staff recommends that City Council: 1) accept the work of West -Tech Contracting, Inc. for the Paradise Creek Restoration Project, CIP No. 15-05; 2) approve the final contract amount of $1,671,952.06; 3) ratify the release of retention in the amount of $83,597.60; and 4) authorize the Mayor to sign the Notice of Completion for the project. The Notice of Completion will be filed with the San Diego County Recorder's Office. 120 of 443 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: NAME: CITY OF NATIONAL CITY ADDRESS: 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on December 1, 2016 of the Paradise Creek Restoration Project, CIP No. 15-05 Work of improvement or portion of work of improvement under construction or alteration. Paradise Creek within Kimball Park located between 16th Street and D Avenue, and portions of the intersections of 16th Street and B Avenue, 1Sth Street and B Avenue, and 18th Street and F Avenue in National City, CA 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property: Owner in fee Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with West -Tech Contracting, Inc. Name of Original Contractor The following work and material were supplied: Labor provided: general laborer. Materials: concrete, masonry, asphalt, irrigation, landscaping, street lighting, and signing and striping. Equipment: demolition, grading, paving and excavation equipment. General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Dated: December 1, 2016; Joint tenants, tenants in common, or other owners Signature of Owner City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on December 1, 2016 at, National City, California: Signature: RON MORRISON, MAYOR Noc 121 of 443 . `, �, }.. C a oiCORPOR..LT FINAL CONTRACT BALANCE DATE: March 29, 2017 PROJECT: Paradise Creek Restoration Project FY 15-16 Specification No. 15-05 TO: West -Tech Contracting, Inc. 568 N. Tulip St. Escondido, CA 92078 ORIGINAL CONTRACT AMOUNT: START DATE: COMPLETION DATE: ORIGINAL CONTRACT LENGTH: EXTENSION OF WORK DAYS: TOTAL CONTRACT TIME: DESCRIPTION: $1,660,922.33 November 23, 2015 November 3D, 2017 200 Working Days 40 Working Days 240 Working Days The Final Contract Balance reports final line item amounts and summarizes all change orders to produce a final contract amount. CHANGE ORDERS AND LINE ITEM ADJUSTMENTS: Change Order #1 deleted any work related to furnishing and installing the Granger Speed Table LED Sign and Equipment. This contract pay item for two (2) each Furnish and Install LED Sign and Equipment was from the contractor's scope of work. This Change Order total deduction amount was $-$5,225.00. Change Order #2 directed the contractor to remove and dispose of approximately 40 LF of asbestos transite pipe from the creek channel, per local, State and Federal regulations, including filing all necessary manifests. This work was performed at an agreed upon price. This Change Order total amount was $ 2,100.00, Change Order #3 directed the contractor to furnish and install 2" PVC conduit and two (2) #5 pullboxes at the intersection of 18Ih St. and F St. for electrical connectivity. This work was performed at an agreed upon price. This Change Order total amount was $ 4,149.76. Change Order #4 directed the contractor to furnish and install four (4) pedestrian crossing signs and associated posts at 16th St. and B St. and at 18th St. and B St. for increased pedestrian safety. This work was performed at an agreed upon price. This Change Order total amount was $ 1,638.00. 122 of 443 FINAL CONTRACT BALANCE National City Paradise Creek Restoration Project Specification No.15-05 Change Order #5 directed the contractor to add 812 LF of 8" solid white lane striping along 16'h St. between D St. and B 5t. to separate the lane of travel from the parking lane. This work was performed at an agreed upon price. This Change Order total amount was $ 368.00. Change Order#6 directed the contractor to core concrete footings and to replace existing rusted foundation bolts with new bolts during bridge refurbishment and replacement. Existing anchor bolts were rusted and not secure. This work was performed at an agreed upon price. This Change Order total amount was $ 2,760.00. Change Order #7 directed the contractor to remove and replace an additional 345 SF of deteriorated cross gutter on the south side of 18th St. at B St. This work was not previously shown on the project plans. This work was tracked on a T&M basis. This Change Order total amount was $ 3,839.29. Change Order #8 directed the contractor to install metal landscape edging, weed barrier and new cobble on the north side of 18th St. at F St., adjacent to the school driveway. This work was not shown on the project plans. This work was tracked on a T&M basis. This Change Order total amount was $ 1,036.82. Change Order #9 directed the contract to remobilize equipment after demobilization had already occurred on site. Significant delays of the adjacent Culvert Cleaning project led the contractor to demobilize equipment; once the Culvert Cleaning project was complete, the contractor remobilized equipment and completed remaining work. This remobilization of equipment was tracked on a T&M basis. This Change Order total amount was $ 1,437.50. Change Order #10 directed the contractor to substitute REAZ surface treatment for Type 11 Slurry on 16th St. between National City Blvd. and D St. This change managed costs due to substantial increases in the original REAZ contract cost and quantity. This work was performed at an agreed upon price and was offset by the deletion of the Type II REAZ work required under the original contract. This Change Order total amount was $ 22,65+6.32. Change Order #11 directed the contractor to provide additional bikeway signage and striping along 16th St. between D St. and National City Blvd., including four (4) additional D-11 bike route signs and eight (8) additional shared lane markings. This work was performed at an agreed upon price. This Change Order total amount was $ 2,667.00. Change Order #12 directed the contractor to place a protective concrete blanket on an existing sewer line beneath the creek. Additional sewer line protection was not identified on the project plans. The Change Order total amount was $ 6,521.26. Change Order#13 directed the contractor to remove additional deteriorated asphalt at the intersection of 18th St. and B St., deteriorated concrete along a portion of 16th St. and B St., and a pile of concrete from the park site volunteer work. This work was tracked on a T&M basis. The Change Order total amount was $ 2,591.85. 123 of 443 FINAL CONTRACT BALANCE National City Paradise Creek Restoration Project Specification No. 15-05 Change Order #14 directed the contractor to eliminate the existing diagonal parking stall markings on the north side of 16th St., between B St. and National City Blvd., apply sealant to blend with the existing slurry, and to stripe reverse angle parking stalls with the pre-existing number of parking stalls. Additional traffic control required was tracked on a TVA basis. All other work for this Change Order was performed at an agreed upon price. The Change Order total amount was $ 3,906.00. Change Order #15 directed the contractor to test and repair existing irrigation valve wires found on the Paradise Creek project site, and to tie those wires into the existing irrigation system. This change order directed the contractor to install an additional used irrigation controller, supplied by the City, to integrate the additional valve wires. This work was tracked on a T&M basis. The Change Order total amount was $ 5,598.89. Change Order #16 directed the contractor to dispose of additional asbestos pipe found during excavation of the large retention basin. This work was performed at an agreed upon price. This Change Order total amount was $ 900.38. All Change Orders listed above increased the total contract amount by $ 6,945.07. Numerous line item adjustments per the attached FINAL BILLING STATEMENT resulted in a total increase of $ 4,084.66. CONTRACT ADJUSTMENT: As a result of the above change orders and line item adjustments, the contract price is adjusted as follows: 1. The final contract price is adjusted to $ 1,671,952.06. 2. As a result of the satisfactory completion of said project, a retention amount of $ 83,597.60 is set for invoice processing and payment upon the receipt of signatures and City Council's ratification of this agreement and the Notice of Completion. This document and its purpose to balance payment shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. West -Tech Contracting, Inc. will not be entitled to damages or additional payment for delays as described in the 2012 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. 124 of 443 CC/CDC-HA Agenda 6/6/2017 — Page 125 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 an Agreement between the City of National City and National School District to provide swim lessons for third grade students at Las Palmas Pool during the 125 of 443 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 6, 2017 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the City Manager to execute an Agreement between the City of National City and National School District to provide swim lessons for third grade students at Las Palmas Pool during the school year 2017-2018 in the amount of $40,000, with an option to mutually extend the agreement for two additional one year terms. (Community Services) PREPARED BY: Audrey Denham PHONE: 619-336-4243 APPROVED BY: EXPLANATION: DEPARTMENT: Community Services FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: MIS 001-41000-3574 (Swimming Pool Revenue) $40,000 APPROVED: L�!�a Finance 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 City Manager to execute an Agreement, once approved by the National School District Governing Board, between the City of National City and National School District, to provide swim lessons for third grade students at Las Palmas Pool, for school year 2017-2018 in the amount of $40,000. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Agreement 2. Resolution 126 of 443 EXPLANATION During the 2015-2016 school year, the National School District (NSD) reestablished its third grade swim lesson program as a component of the NSD Wellness Policy. Due to the temporary closure of the City of National City's municipal pool Las Palmas Pool, NSD contracted with the Jackie Robinson YMCA to provide swim lessons for the 2015-2016 school year. With the reopening of Las Palmas Pool, NSD relocated the third grade swim lesson program to Las Palmas Pool for the 2016-2017 school year. NSD wishes to continue offering third grade swim lessons at Las Palmas Pool for the 2017-2018 school year. Should the City Council authorize the execution of this agreement, NSD third grade students will receive four swim lessons; each lesson will be one hour in duration. The use of the Las Palmas Pool for such a program is consistent with the current programmatic objectives established by the City and its current facility operator, EXOS. The term of the proposed Agreement is July 1, 2017 through June 30, 2018. It is anticipated that the Agreement will be approved and signed by NSD's Governing Board after the deadline for inclusion on this, the last scheduled meeting of the City Council prior to July 1. Therefore, staff requests that the City Council authorize the City Manager to execute the Agreement, and, upon mutual agreement, extend it for up two additional one year terms. Based on the NSD third grade enrollment level for the school year and the current City Council approved fee schedule, the City will receive $40,000 in revenue from this Agreement. Revenues generated from this Agreement will offset the cost to provide the program. 127 of 443 AGREEMENT TO PROVIDE SERVICES BY AND BETWEEN THE CITY OF NATIONAL CITY AND NATIONAL SCHOOL DISTRICT THIS AGREEMENT TO PROVIDE SERVICES ("AGREEMENT") is granted to National School District, a local government organization (the "APPLICANT") by the CITY OF NATIONAL CITY, a municipal corporation (the "CITY") on this 7th day of June, 2017. RECITALS WHEREAS, the APPLICANT wants third grade students attending APPLICANTS schools to take swim lessons. WHEREAS, the CITY has a swim lesson program offered at Las Palmas Park, operated by MediFit Community Services, LLC, d.b.a. EXOS ("EXOS") . Las Palmas Park and its pool are located at 1800 East 22nd Street, National City, CA, 91950 (collectively, the PREMISES). WHEREAS, the APPLICANT agrees to pay the CITY $40,000 for APPLICANT's third grade students to participate in swim lessons. WHEREAS, the APPLICANT agrees that each participant will complete a registration form and waiver of liability, which includes the pool policies, as shown in Exhibit A. NOW, THEREFORE, THE APPLICANT AGREES THE FOLLOWING TERMS GOVERN THEIR USE OF THE PREMISES AND PARTICIPATION IN SWIM LESSONS: 1. EFFECTIVE DATE AND TERM OF AGREEMENT. This AGREEMENT will become effective on July 1, 2017. The duration of this AGREEMENT is for the period of July 1, 2017 through June 30, 2018. This AGREEMENT may be extended by the City Manager upon mutual written agreement between the CITY and APPLICANT for up to two (2) additional one (1) year terms. If either party desires an extension, the requesting party must make the request for an extension to the term no less than three (3) months prior to the end of the term. The APPLICANT and the CITY shall mutually agree upon the swim lesson program and schedule. The swim lesson program and schedule may also be amended upon mutual written agreement. 2. SWIM LESSON PROGRAM AND SCHEDULE. Third grade students attending within APPLICANTS schools will participate in a swim lesson program that consists of four (4) swim lessons; each lesson will be (1) hour in length and held at the PREMISES. The structure and management of swim lessons shall be at the sole discretion of the CITY. The proposed schedule for swim lessons, as shown in Exhibit B, may be changed upon mutual agreement. The CITY may cancel swim lessons due to thunder, lightning or unsafe conditions and shall reschedule canceled swim lessons at a later date. Canceled swim lessons shall be 128 of 443 rescheduled based on availability. If the APPLICANT cancels a swim lesson, the swim lesson shall not be rescheduled. 3. FEES, INVOICING & PAYMENT. The APPLICANT shall pay the CITY Forty Thousand Dollars ($40,000) for APPLICANT'S third grade students to participate in the swim lesson program. The CITY shall invoice the APPLICANT for the full amount after the AGREEMENT has been executed. The APPLICANT shall remit payment thirty (30) days after receipt of invoice. If both parties mutually agree to extend the AGREEMENT, the CITY shall invoice the APPLICANT for the full amount after the 1 St day of July. 4. AGREEMENT COORDINATION AND CONTACT. Audrey Denham hereby is designated as the AGREEMENT Coordinator for the CITY and will monitor the use of the PREMISES and compliance with this AGREEMENT. The APPLICANT shall assign a single point of contact to provide supervision and have overall responsibility for the use of the PREMISES and compliance with this AGREEMENT for the APPLICANT. Cindy Vasquez thereby is designated as the Point of Contact for the APPLICANT. 5. CONTROL. While APPLICANT'S students are at the PREMISES, APPLICANT shall be responsible for their conduct and behavior. APPLICANT will be responsible for enforcing its rules of conduct upon its students. If students fail to comply with swim instructors during swim lessons, they may be ejected from the lesson by the CITY. The APPLICANT'S students shall comply with all pool policies listed on the registration form and waiver of liability. 6. COMPLIANCE WITH APPLICABLE LAW. The APPLICANT, in the use of the Premises as allowed by this AGREEMENT, 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. 7. WAIVER OF LIABILITY BY PARTICIPANTS. The APPLICANT agrees to have participants sign a registration form and waiver of liability, which includes the pool polices, a sample of which is attached as Exhibit A, specifically waiving any liability against the City of National City, EXOS, and the APPLICANT and each of its officers, officials, agents, employees, and volunteers. 8. NON-DISCRIMINATION PROVISIONS. The APPLICANT 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 APPLICANT 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 APPLICANT 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. Program Agreement — Swim Lessons at Las Palmas Pool 2 City of National City and June 2017 National School District 129 of 443 9. INDEMNIFICATION AND HOLD HARMLESS. The APPLICANT agrees to defend, indemnify and hold harmless the City of National City and EXOS Community Services, LLC, and each of their respective officers, officials, agents, volunteers, 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 use of public property or the activity(ies) taken under this AGREEMENT, including but not limited to any of the swimming lessons at the PREMISES as described in 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 APPLICANT 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. 10. WORKERS' COMPENSATION. The APPLICANT 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 Labor Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and EXOS Community Services, LLC, 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 and EXOS Community Services, LLC, or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the APPLICANT under this AGREEMENT. 11. INSURANCE. The APPLICANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBAPPLICANT(S), when applicable, to purchase and maintain throughout the term of this AGREEMENT, the following insurance policies: A. Automobile Insurance covering all bodily injury and property damage incurred during the term 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. B. Commercial General Liability Insurance, with minimum limits of $5,000,000 per occurrence and $10,000,000 in aggregate, covering all bodily injury and property damage arising out of its operations, work, or performance under this AGREEMENT. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. 3 City of National City and Program Agreement — Swim Lessons at Las Palmas Pool June 2017 National School District 130 of 443 C. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of APPLICANT'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 AGREEMENT. If APPLICANT has no employees subject to the California Workers' Compensation and Labor laws, APPLICANT shall execute a Declaration to that effect. Said Declaration shall be provided to APPLICANT by CITY. D. 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's Risk Manager, at the address listed in subsection G below, of cancellation or material change. E. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the APPLICANT 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. F. 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. G. The Certificate Holder for all policies of insurance required by this Section shall be: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 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 APPLICANT does not keep all of such insurance policies in full force and effect at all times during the terms of this AGREEMENT, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this AGREEMENT and terminate the AGREEMENT as provided herein. I. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. J. If the CONSULTANT maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY requires and shall be entitled to the broader coverage or higher limits (or both) maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. 12. 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 4 City of National City and Program Agreement — Swim Lessons at Las Palmas Pool June 2017 National School District 131 of 443 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. 13. NON -BINDING MEDIATION. If a dispute arises out of or relates to this AGREEMENT, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by non -binding mediation in San Diego, California. The costs of mediation shall be borne equally by the parties. If the parties do not resolve the dispute through mediation, either party is free to use any other available remedy in law or at equity to settle the dispute. 14. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Leslie Deese City Manager City of National City 1243 National City Boulevard National City, CA 91950-4397 To APPLICANT: Paula Jameson -Whitney Assistant Superintendent Educational Services National School District 1500 N Avenue National City, CA 91950 Program Agreement — Swim Lessons at Las Palmas Pool 5 City of National City and June 2017 National School District 132 of 443 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. 15. ASSUMPTION OF RISK. It is expressly understood and agreed that the APPLICANT assumes all risk for loss, damage, liability, injury, cost or expense that may arise during or be caused in any way by APPLICANT's use or occupancy of the PREMISES. The APPLICANT further agrees that in consideration of being permitted the use of the PREMISES, they will save and hold harmless the City of National City, its officers, agents, employees, and volunteers from any loss, claims, and liability damages, and/or injuries to persons and property that in any way may be caused by the applicant's use or occupancy. The APPLICANT will abide by the regulations governing said PREMISES and agree to abide by all City of National City ordinances and rules and policies of the PREMISES. The APPLICANT is responsible for any damage/loss sustained by the ground, building, furniture or equipment or unusual clean up occurring through the occupancy of said PREMISES. 16. 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 business 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. Program Agreement — Swim Lessons at Las Palmas Pool 6 City of National City and June 2017 National School District 133 of 443 H. Applicable Law. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California. I. Audit. This AGREEMENT may be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the AGREEMENT, per Government Code Section 8546.7. J. Entire Agreement. This AGREEMENT supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This AGREEMENT shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this AGREEMENT, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this AGREEMENT, (iv) each party and such party's counsel and advisors have reviewed this AGREEMENT, (v) each party has agreed to enter into this AGREEMENT following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this AGREEMENT, or any portions hereof, or any amendments hereto. Program Agreement — Swim Lessons at Las Palmas Pool 7 City of National City and June 2017 National School District 134 of 443 IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the date and year first above written. CITY OF NATIONAL CITY NATIONAL SCHOOL DISTRICT By: By: (Name) Leslie Deese, City Manager APPROVED AS TO FORM: Roberto M. Contreras Deputy City Attorney (Print) (Title) By: (Name) (Print) (Title) Program Agreement — Swim Lessons at Las Palmas Pool K City of National City and June 2017 National School District 135 of 443 EXHIBIT A National School District Learn to Swim Registration Form Las Palmas .Pool NATIONAL CITY - CA Participant's Full Name (Last, First) Date of Birth Address Primary Phone # E-mail Emergency Contact Relationship Student Teacher Emergency Phone # Waiver of Liability and Assumption of Risk. With respect to my child(ren)'s voluntary use of the Las Palmas Pool and its facilities (the "Pool"), managed by MediFit Community Services, LLC, d.b.a. EXOS ("EXOS") I understand that, as a guest of the Pool, there may be health risks associated with activities requiring physical exertion and/or aquatics, including but not limited to: transient dizziness, fainting, nausea, muscle cramping, musculoskeletal injury, sprains and strains, heart attack, stroke, drowning or death. I certify my child(ren) is/are capable of performing the exercises and activities associated with the use of the Pool, and I hereby agree to assume on behalf of myself and my child(ren) all risk of utilizing the Pool. I agree on behalf of myself, my child(ren), our heirs, distributes, guardians, legal representatives, and assigns, (collectively, the "Releasing Party"), to waive, release, discharge, and hold harmless EXOS, City of National City ("City"), National School District ("NSD"), and each of their respective subsidiaries, affiliates, directors, officers, employees, agents, volunteers, contractors, and sponsors, and other participants, from any and all claims, liability, damages, suits, losses, or related causes of action for damages, including but not limited to claims that may result from any injury, death, or damage, accidental or otherwise, during, or arising in any way from my child(ren)'s use of the Pool. I hereby agree on behalf of the Releasing Party to indemnify the persons and entities mentioned above from any and all claims, liability, damages, suits, losses, or related causes of action for damages, present or future, which may be incurred as a result of death, injury, or property damage that my child(ren) may sustain while participating in any activities at the Pool. I hereby agree that the Releasing Party will not make a claim against, sue or prosecute EXOS, City, or NSD, including each of their respective subsidiaries, affiliates, directors, officers, employees, agents, volunteers, contractors, and sponsors, for injury, death, or damage arising out of the negligent, intentional, or other acts, howsoever caused, by EXOS, City, or NSD, or their respective subsidiaries, affiliates, directors, officers, employees, agents, volunteers, contractors, sponsors, and other participants, as a result of or related to my child(ren)'s participation in the Pool activities. I hereby consent that my child(ren) participate in the Pool activities and I hereby execute this Waiver of Liability and Assumption of Risk on behalf of the Releasing Party. I have carefully read this Waiver of Liability and Assumption of Risk and by signing below and on behalf of my minor child(ren), I acknowledge that I fully understand its contents. I am aware that this is a release of liability and a contract between the City of National City and me and I sign it of my free will. I further understand that no medical insurance is provided. Print Parent's full name: Date Parent Signature White Copy: LPP Las Palmas Pool • 1800 E 22nd St. • National City • CA • 91950 • 619-336-6758 Yellow Copy: Participant 136 of 443 EXHIBIT A Las Palmas Pool Policies Please adhere to the following to assure a pleasant experience for everyone 1. Las Palmas Pool is available at a preferred rate for residents of National City. 2. Photo I.D. and Completion of guest registration is required prior for participation. 3. All patrons under the age of 14 must have direct parent/guardian supervision over the age of 18. 4. Children ages 6 and under must be accompanied in the water by a parent within arm's reach at all times or in a coast guard approved flotation device. Children wearing coast guard approved flotation devices must have a parent directly supervising them at all times. 5. For your safety, all patrons under the age of 18, will be required to complete a swim test* in order to swim in the deep end. Any patron under the age of 18 who cannot successfully complete the swim test will be required to provide a coast guard approved life jacket if they wish to swim in the deep end. The swim test will consist of the following: - 20 meter swim without stopping - 1 minute of treading water without stopping 6. Youth ages 14-17 must complete a swim test and Youth Swim orientation/agreement*. 7. Outside instructors are not allowed. All instruction is to be given only by Las Palmas Pool staff. 8. Disposable swim diapers and plastic pants are required for children under the age of 3 or those who are not toilet trained. 9. Please wear appropriate swim attire. Street clothes are not permitted. 10. Water toys including balls, noodles, etc. are not permitted in the pool 11. For your safety, prolonged breath holding and hypoxic training are not permitted at Las Palmas Pool 12. Lap Lanes are reserved for lap swimming only. During busy hours, sharing lanes and circle swimming will be required. 13. Only US Coast Guard approved flotation devices are permitted in the pool. 14. Families must provide proof of age upon registration for Las Palmas Pool programs. 15. All patrons must shower prior to using the pools. This helps keep the pools clean for everyone. 16. The Las Palmas Pool is a family friendly facility. The following are prohibited on Las Palmas Pool property: Diving, Dangerous jumps, roughhousing, glass of any kind, Alcohol, Animals (unless service -certified), skateboards, profanity, and/or excessive displays of public affection. 17. Please respect our pool equipment and ensure it is used properly and put away after use. 18. The lifeguards are here for your safety and have the final authority. Failure to abide by the Las Palmas Pool policies may result in removal from the pool. 19. Food is only permitted in designated areas and is not permitted in the water. 20. For your safety and the safety of others, any patron believed to be under the influence of drugs or alcohol will be asked to leave the Las Palmas Pool property. 21. Kickboards and pull buoys are for lap swim only. 22. Children ages 5 and older must use their gender specific locker rooms to change. A family changing room is located on the pool deck for your convenience. 23. Please report any suspicious activity or patrons immediately to a Las Palmas Pool staff member. 24. The water slide may only be used under direct supervision from a Las Palmas Pool staff member. Slide riders must abide by the following requirements: - All riders must be at least 48 inches tall - Slide down feet first on your back - Goggles, bathing suits with rivets and life jackets are not permitted on the slide - Standing, spinning or other dangerous behavior will not be tolerated. *swim tests and youth orientations are offered on certain days/times. Please check our pool schedule +- CALIFORRdA —` NiT ZONAL arr S�Jl +xca�S�oRd•*+gyp 137 of 443 EXHIBIT B National School District Swim Lesson Schedule School Teacher Time Lesson 1 Date Lesson 2 Date Lesson 3 Date Lesson 4 Date Day IH Porter 9:30-10:30 8/2 8/9 8/16 8/23 W IH Sanchez 10:30-11:30 8/2 8/9 8/16 8/23 W LP Garaicoa 11:30-12:30 8/2 8/9 8/16 8/23 W KM Buttell-Maxin 9:30-10:30 8/4 8/11 8/18 8/25 F KM Smith 10:30-11:30 8/4 8/11 8/18 8/25 F KM NT 11:30-12:30 8/4 8/11 8/18 8/25 F ET Entzminger-Ma 9:30-10:30 8/7 8/14 8/21 8/28 M ET Carrillo 10:30-11:30 8/7 8/14 8/21 8/28 M ET Dang-Hagler 11:30-12:30 8/7 8/14 8/21 8/28 M IH Camba-Jones 9:30-10:30 8/30 9/6 9/13 10/4 W OT Hartley 10:30-11:30 8/30 9/6 9/13 10/4 W LP Jordan 11:30-12:30 8/30 9/6 9/13 10/4 W LA Craven 9:30-10:30 9/1 9/8 9/15 10/6 F LA Houck 10:30-11:30 9/1 9/8 9/15 10/6 F LA Colangelo 11:30-12:30 9/1 9/8 9/15 10/6 F RN Duenas 9:30-10:30 9/11 10/9 10/16 10/23 M RN Sterner 10:30-11:30 9/11 10/9 10/16 10/23 M RN Gonzalez 11:30-12:30 9/11 10/9 10/16 10/23 M OT Cortazar , 9:30-10:30 10/11 10/18 10/25 11/1 W OT Paredes 10:30-11:30 10/11 10/18 10/25 11/1 W LP Kahle 11:30-12:30 10/11 10/18 10/25 11/1 W OW Rosas 9:30-10:30 10/13 10/20 10/27 11/3 F OW Kmet-Moran 10:30-11:30 10/13 10/20 10/27 11/3 F OW Robles -Cho 11:30-12:30 10/13 10/20 10/27 11/3 F PW Vo 9:30-10:30 10/30 11/6 11/13 11/27 M PW Rabin 10:30-11:30 10/30 11/6 11/13 11/27 M PW Payumo 11:30-12:30 10/30 11/6 11/13 11/27 M CN NT 9:30-10:30 11/8 11/15 11/29 12/6 W OW NT 10:30-11:30 11/8 11/15 11/29 12/6 W LP Villavicencio 11:30-12:30 11/8 11/15 11/29 12/6 W CN Howard 9:30-10:30 11/17 12/1 12/8 12/15 F CN Abrams 10:30-11:30 11/17 12/1 12/8 12/15 F CN Carswell 11:30-12:30 11/17 12/1 12/8 12/15 F CN Madigan (SDC) 9:30-10:30 12/4 12/11 1/22 1/29 M LP Wysocki (SDC) 10:30-11:30 12/4 12/11 1/22 1/29 M 11:30-12:30 12/4 12/11 1/22 1/29 M 138 of 443 CC/CDC-HA Agenda 6/6/2017 — Page 139 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving the Annual Report for Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2017/18. (Planning) 139 of 443 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 6, 2017 AGENDA ITEM NO. ITEM TITLE: !Resolution of the City Council of the City of National City approving the Annual Report for Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2017/18. (Planning') PREPARED BY: Raymond Pe, Principal Planner otig. DEPARTMENT: P PHONE: 1,336-4421 1 APPROVED B ng Division EXPLANATION: The City formed the Mile of Cars Landscape Maintenance District No. 1 in 1995 to provide for the maintenance, operations, and servicing of certain improvements in the District. Each subsequent year, the City Council considers the adoption of several resolutions to allow the District to continue operating. District operations are funded through a special property tax levy on properties within the Mile of Cars, which are used to maintain the themed landscaping and improvements for the District. The resolution would approve the Annual Report ("Engineer's Report"), which provides the basis for the proposed levies for the District for Fiscal Year 2017/18. The Mile of Cars Association has approved the scope of work, the amount of levies, and the District budget. There are no changes or additions to the maintained improvements for the coming fiscal year. The proposed total assessment of $141,494.43 is an increase of $2,357.28 or 1.69 percent above the prior year total assessment. The City's consultant is paid from the District's assessment funds. City administrative costs to process these items are also paid from the District's assessment funds. FINANCIAL STATEMENT: Not applicable. ACCOUNT NO. APPROVED: Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This action is not subject to the California Environmental Quality Act singe it is not a project as defined in the California Code of Regulations, Section 15378. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution approving the annual report. BOARD / COMMISSION RECOMMENDATION: Not applicable. ME - ATTACHMENTS:. 1. Fiscal Year 2017/18 Annual Report (Engineer's Report). 2. Resolution. 140 of 443 CITY OF NATIONAL CITY Landscape Maintenance District No. 1 (Mile of tars) Engineer's Report Fiscal Year 2017/18 OFFICE LOCATIONS: Temecula — Corporate Headquarters 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 San Francisco --Regional Office 870 Market Street, Suite 1223 San Francisco CA 94102 California Satellite Offices Atascadero, Davis Huntington Beach, Joshua Tree, Riverside Sacramento, San Jose Prepared by Cm. IFORryIA NATIONAL CITY IJBS hullping oommunftl.n fund tomorrow www.nbsgov.com 141 of 443 :NT`, CITY OF NATIONAL CITY LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) 1243 National City Boulevard National City, CA 91950 Phone - (619) 336-4241 Fax - (619) 336-4239 CITY COUNCIL Ron Morrison, Mayor Albert Mendivil, Vice Mayor Jerry Cano, Councilmember Mona Rios, Councilmember Alejandra Sotelo-Solis, Councilmember CITY STAFF Lavonne Leon, City Manager Brad Raulston, Deputy City Manager Raymond Pe, P,incipai Planner DISTRICT STAFF Leslie Larranaga-Britt, Executive Director N BS Pablo Perez, Project Director John Egan, Assessment Engineer Kristin Harvey, Senior Consultant 142 of 443 TABLE OF CONTENTS Section 1. ENGINEER'S LETTER 1 Section 2. OVERVIEW 2 Introduction 2 Description of the District Boundaries 2 Description of Improvements 2 Description of Maintenance 3 Section 3. ESTIMATE OF COSTS 4 District Budget 4 Reserve Budget 5 Section 4. ASSESSMENT DIAGRAM 6 Section 5. ASSESSMENTS 7 Method of Apportionment 7 Maximum Annual Assessment Rates 11 Assessment Roil 12 143 of 443 Section 1. ENGINEER'S LETTER WHEREAS, the City Council of the City of National City (the "City"), State of California, directed NBS to prepare and file a report presenting plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the City's Landscape Maintenance District No. 1 (Mile of Cars) (the "District") for Fiscal Year 2017/18. The report includes a diagram for the District, showing the area and properties proposed to be assessed, an assessment of the estimated costs of the maintenance, operations and servicing the improvements, and the net amount upon all assessable Tots and/or parcels within the District in proportion to the special benefit received and; WHEREAS, the assessment for each parcel is in compliance with the Proposition 218 Omnibus Implementation Act and Section 4 of Article XIII D of the California Constitution. The proposed assessment is not proposed to increase by more than the 10% annual increase approved at formation of the District over the Fiscal Year 2016/17 maximum assessment. NOW THEREFORE, only special benefits are assessed and any general benefits have been separated from the special benefits for purposes of this report. The following assessment is made to cover the portion of the estimated costs of maintenance, operation and servicing of said improvements to be paid by the assessable real property within the District in proportion to the special benefit received: Summary of Assessment Fiscal Year 2017/18 Amounts Annual Budget $154,355.40 (Less) General Benefit Contribution by City (12,860.97) (Less) Rounding Adjustment (1) (0.23) Annual Assessment $141,494.20 (1) Adjustment made to select parcels since amounts placed on the tax roll must be rounded down to even cents. 1, the undersigned, respectfu' 'submit the enclosed Engineer's Report and, to the best of my knowledge, information and belief, the assessments herein have been prepared and computed in accordance with the assessment methodology adopted and approved by the City Council at the time of district formation. John Egan, Assessment Engineer NBS City of National City `�,�� Landscape Maintenance District No. 1 (Mile of Cars) 144 of 443 Section 2. OVERVIEW Introduction The City formed the District to provide maintenance services to benefit certain parcels in the City. The District was formed in 1995 and the levies are made pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highway Code (the "Act"). The City designated the Mile of Cars Association as the entity that maintains and administers the improvements and services funded by the District. The Engineer's Report (the "Report") describes the District and the annual assessment per parcel for Fiscal Year 2017/18 which is based on the historical and estimated costs to maintain the improvements and provide the services that benefit parcels within the District. The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assessor's Parcel Number by the San Diego County Assessor's Office. The San Diego County Auditor - Controller uses Assessor's Parcel Numbers and specific Fund Numbers to identify on the tax roll, properties assessed for special district benefit assessments. Following consideration of public comments at a noticed public hearing, and following review of the Report, the City Council may confirm the Report as submitted, and may order the levy and collection of assessments for Fiscal Year 2017/18. If approved, the assessment information shall be submitted to the County Auditor -Controller, and included on the property tax roll for each benefiting parcel for Fiscal Year 2017/18. Description of the District Boundaries The District's improvements are generally located along National City Boulevard and bounded by 18th Street to the north and 33rd Street and State Route 54 (SR 54) to the south. Description of improvements A general description of the irprovements to be maintained under these proceedings is described as follows, but, shall not be limited to: 1. Median Improvements • Landscape planting and irrigation • Colored concrete hardscape Lighting system • Graphic panels, banners and signage Painted crosswalks • Identification sign at 23rd Street and McKinley Avenue ® NBSCity of National City Landscape Maintenance District No. 1 (Mile of Cars) 2 145 of 443 2. Frontage Improvements ▪ Improvements to parkways on both sides of National City Boulevard between 18th Street and 33rd Street • Landscape planting and irrigation • Colored concrete sidewalks and mow curbs • Street furniture Description of Maintenance The maintenance of the improvements shall include the furnishing of services and materials for the ordinary and usual maintenance and servicing of the improvements, including but shall not be limited to: 1. General Plant Maintenance • Mowing, trimming, pruning and weeding • Watering, including water usage • Fertilizing • Plant replacement • Periodic skinning of palm trees 2. Maintenance of Irrigation System • Adjustment of timers Repair/replacement of worn-out, stolen or malfunctioning equipment 3. Periodic restriping of decorative crosswalks 4. Periodic repainting of metal benches and trash receptacles 5. Periodic repainting and repair of light poles, graphic panels, signage and other miscellaneous equipment 6. Maintenance of electrical system • Bulb replacement • Repair/replacement. of worn out or rnaifunctioning equipment • Electrical energy charges 7. Litter removal 8. Trash pick-up 9, Other repairs of damage caused by vandalism and/or traffic accidents z:;NBS City of National City lV Landscape Maintenance District No. 1 (Mile of Cars) 3 146 of 443 Section 3. ESTIMATE OF COSTS District Budget The cost of servicing, maintaining, repairing and replacing the improvements as described in the Description of Maintenance are summarized in the table below. Estimated expenditures are shown along with the incidental expenses to be funded by the District. The following table summarizes the components that make up the Fiscal Year 2017/18 estimate of costs for the District: Description Median Frontage Improvements Improvements Total Maintenance Costs 1. Lawn planting care 2. Median planting care 3. Palm tree maintenance 4. Water usage 5. Refurbishment of graphic panels 6. General maintenance of electrical system/lights 7. Electrical usage 8. Refurbishment of decorative crosswalks 9. Reserves Total Cost of Annual Maintenance: $0.00 21,863.06 4,095.00 13,836.67 13,000.00 3,046.11 15,000.00 250.00 250.00 $71,340.84 $42,678.29 $42,678.29 0.00 21,863.06 4,095.00 8,190.00 13,836.67 27,673.34 0.00 13,000.00 0.00 3,046.11 0.00 15,000.00 250.00 500.00 250.00 500.00 $61,109.96 $132,450.80 Incidental Expenses A. Administration $3,000.00 $3,000.00 $6,000.00 B. Other contractual obligations(1) 4,950.00 4,950.00 9,900.00 C. Engineering 0.00 0.00 0.00 D City expenses 2,750.00 2,750.00 5,500.00 E. Consultant fees 250.00 250,00 500.00 F. County collection fees 2.30 2.30 4.60 Total Incidentals: $10,952.30 $10,952.30 $21,904.60 Total Estimated Annual Cost: $82,293.14 $72;062.26 $154,355.40 (Less) General Benefit Contribution(2): (56,927.20) ($5,933.78) (512,860.97) TOTAL ANNUAL ASSESSMENT(3): $75,365.94 $66,128.48 $141,494.43 (J.) Includes legal, accounting and advertising. (2) General benefit contribution will be funded from other sources and is not being paid from annual assessments. (3) Does not include installment rounding of $0.23. C , NBS City of National City `�/ Landscape Maintenance District No. 1 (Mile of Cars) ^. 147 of 443 Reserve Budget The City may establish and collect reserve funds for the District in order to pay for the maintenance and servicing of the improvements prior to December 10 of the fiscal year, or whenever the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The fund may be allowed to accumulate in anticipation of any unforeseen expenses not inciuded in the yearly maintenance costs. The following table details the current and projected reserve fund balances: Reserve Fund 12/31/2016 Balance Reserve Fund Collection/Reduction FY 2017/18 Reserve Fund 6/30/2018 Projection $123,041.00 $500.00 $123,541.00 NBS City of National City `�u�� Landscape Maintenance District No. 1 (Mile of Cars) 5 148 of 443 Section 4. ASSESSMENT DIAGRAM The Assessment Diagram sets forth (a) the exterior boundaries of the District and (b) the lines of each lot or parcel of land within the District. The Assessment Diagram further identifies each lot or parcel by a distinctive number or letter. For a detailed description of the lines and dimensions of any lot or parcel, reference is made to the County Assessor's Map applicable for the next fiscal year, which map shall govern for all details concerning the lines and dimensions of such lots or parcels. The following pages provide a copy of the Amended Assessment Diagram for the District. (h NBS City of National City `�� Landscape Maintenance District No. 1 (Mile of Cars) 6 149 of 443 FLED IN THE OFFICE OF THE CITY CLERIC DE THE art OFF HA110NA1. CITY 1HIS_OAY OF 1990_ CM' CLERIC an' aF NAIR:NAL QTY STATE O CALFaRMA RECORIIEtr M ME OFFICE OF 1HE SIPEAMIEMIWT OF STREETS of THE CITY CF NATION1N, aTY 'nos _oar CV__. 1RAe. 611PEIINTURROTT OF borel14 CITY OF NA110N/L CRY STATE of CALIFORNIA AN ASSEt'9. TENT 1TA5 ?.ENTD 9Y THE CRY CACMQI. OR T1-E LOTS, TrzCEi ANO PARCEL or Loa 5H0AM 00 THIS A50E59AENT d*ORA44. SAO ASSE 1ENT WAS LEWD OH 114E_DAY OF TOM SAID A¢ scutFNT 0fAT7UN AND 1T# ASS IT RO I REM RECORT/t17 A. THE OFFICE OF THE SURER NTEROE 4T OF STREETS OF SAID CITY oN 1TTE_.__.-OAr or t990. REFMTIOZ TS WOE TO THE ASSESSMENT Rd1, RECORCED M THE OFFICE OF THE SUPEFORTENTIENT DF 4HIEt Is FOR 1HE EXACT MOUNT or MN ASI@NT LEN0O WRVS" EACI4 PARCE4. OF LANO SHOWN ON THIS AssI2STORO ElA0(AM. CITY cT£Hk CITY OF NATIONAL OTT STATE OFF GAMMA FTLEO THIS -DAY OFF 1990 AY THE HOUR OFF. O'CLOCK . AL M ROOK DE NAPS OF A55FS9MFNT AND CWA0Rk01Y F*CAT11FS OS4R0C15 M THE ORES OFF THE COUNTY RECORDER OF THE COUNTY OF SAN MEW, CAIPODMA mart RECORDER COUNTY TF SAN FAECO STATE or CALIFORNIA AMENCED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO.1(MILE OF CARS) CMf OF NATIONAL CITY COUNTY OF SAN DIEGO STATE OF CALIFORNIA SSO-210-41* us. \.rJ say-Yla-09 :9S FVA'i[VNA[r 211' PCULEVAPT, f sea-2e4-00 590-zn-u 1a' 5 75' SC 3;EET 1 OF 3 SHEETS T1r 59G-203-15 1. Mr 590-204-01 T41T :0O.OTT-iR 1A0' 5S0-253-0. ASO 646-223-04 I EX11210 T}C@)4S9ARY I r Ot' MONO REVISED 8-1-96 REVISED 6-11-97 REVISED 6-19-02 REVISED �� 6-iJ9-03 REVISED RE 5-26-04 too • Teo 7A7 m 400 1 II II jI l 1 7FIE-FROHTAc{ of EACH PARCEL 15 BASED UPON CURRENT OO(LYTY ASS{OCISIS99SSFOORAPS AND S10MN Hoeccr4 To PAHon MATS FOR mourn. 9IMEN49*15 NOT S NASLAND ENGINEERING 07RG Of 10111atlR0 • • WV 11ARKIAC i1p AOR..r A4..1. b. Ifga, C.00P0 . @717 •N/-TR-TTf0 150 of 443 'I �. JOB No. 105-148 AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO.1(MILE OF CARS) CITY OF NATIONAL CITY COUNTY OF SAN DECO STATE OF CALLA NATIONAL 1 f L CITY BOULEVARD 5111-071-IS fl. Itle REVISED 8-1-96 DEVISED 6-11r97 REVISED 19-02 REVISED 6-09-03 REVISED 5-26-04 a Iaa !Ea NATIONAL CITY SHEET 2 OF 3 SHEET! sea '.1(`.Q•/4 314-Itb-13 13S 133` 8DULEVAP 1 4311' Sal- it0-41? J x spa' ia+EY�° U I vat °'' + ,pcR vAvs"'faRr�i r*Itz1`�ar' NASLAND ENGINEERING t0MMICENfa • lO+NclsKa . LW. meows 4I Q a alr. li•.+. !Yw U.I . d�R Me, NMI! • NP -'AR NOTE, ORIGINAL SHEET 151 of 443 NE JOB No.105-148 a 302.410.07 AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) CITY OF NATIONAL CITY COUNTY OF SAN DEGO STATE OF CALIFORNA warm CITY SOLLEVAFO SE-220-(i }TC IiIflY TAM W AW S P PaR4EL Mi61PSFCkMCMR Ft SHEET 3OF3 SHEETI REVISED 8-1-96 REVISED 6-11-97 REVISED 6-19-02 REVISED 6-09-03 REVISED 5-26-04 14, NASLAND ENGINEERING E IL man. 7Umd':PG uem euhnnro NOTE ORIGINAL SHEET 152 of 443 tV.E JOB No.105-148 Section 5. ASSESSMENTS The actual assessments for Fiscal Year 2017/18, apportioned to each parcel as shown on the latest equalized roll at the County Assessor's office, are listed and submitted at the end of this section. The description of each lot or parcel is part of the records of the County Assessor of the County of San Diego and such records are, by reference, made part of this Report. Method of Apportionment The law requires and the statutes provide that assessments, as levied pursuant to the provisions of the Act, must be based on the benefit that the properties receive from the improvements to be maintained. The statute does not specify the method or formula that should be used in any special assessment district proceedings. The responsibility rests with the Assessment Engineer, who is appointed for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. IDENTIFY THE BENEFIT First, it is necessary to identify the benefit that the improvements to be maintained will render to the properties within the boundaries of the District. The improvements significantly improve the visual appearance of the streetscape, making the Mile of Cars a more enjoyable and desirable location for customers. The special signage and lighting provide a unifying theme, benefiting all of the properties within the District. The District's improvements and services provide benefits to both those properties within the District boundaries and to the community. The benefit conferred to property within the District will be referred to as an "aesthetic benefit." The aesthetic benefit provided by the district improvements and services are supported by the City's General Plan (the "Plan") and the Citywide Goals and Policies regarding Land Use and Community Character for its districts. The Plan states a desire to, "have the community character integrated and to ensure that physical forms, patterns, and aesthetic features advance the City's desire for a higher quality of life." The aesthetic benefits provided by the improvements and services support the following City policies outlined in the Plan: Policy LU-5.3: Recognize the diverse needs of the City's business districts through the development oi= policies, design guidelines, and implementation measures specific to the unique requirements of each district. • Policy LU-5.4: Allow for adaptive reuse of vacant car dealerships and the establishment of new compatible uses along the Mile of Cars. • Policy LU-5.9: Encourage members of the business community to participate in implementing actions to improve business districts. • Policy LU-5.10: Assist the business community in evaluating National City's marketing and development potential and in identifying development strategies that are beneficial to the public and private sectors. • Policy LU-9.1: Design developments along mixed -use and "community corridors" for the comfort and enjoyment of pedestrians and bicyclists. This includes features such as street trees, placing buildings close to the street, de-emphasizing parking lots and garages, limited City of National City landscape Maintenance District No. 1 (Mile of Cars) 7 153 of 443 driveway cuts, traffic -calming features, clearly defined street crossings, adequate lighting, and street furnishings where appropriate. • Policy LU-9.4: Encourage an overall high quality streetscape design, where feasible, that promotes narrow roadways, bike lanes; on -street parking, minimal curb cuts; enhanced crosswalks; appropriate sidewalk widths, landscaped medians and parkways; street trees, planters, and wells; street lighting; street furniture; way finding; enhanced paving; public art; and other features that contribute to the desired character for National City, where appropriate. • Policy LU-11.2: Identify gateways at major entrances to the City using such features as buildings, street trees, welcome signs, decorative lighting, archways, and other design techniques to announce the gateway. A Policy LU-11.4: Recognize, maintain, and enhance the character and identity of residential neighborhoods and business districts. • Policy LU-11.7: Encourage residential and businesses to clean and maintain their properties and public spaces to further a sense of ownership and community pride. • Policy LU-11.8: Require the sensitive placement, screening, and/or treatment of utility meters, boxes, valves, vaults, switches, plumbing, wiring, fences, etc. to eliminate or minimize the aesthetic impact to the neighborhood. • Policy LU-11.9: Encourage the improvement of existing signage to help promote a more attractive street scene in business districts. The Plan states these policies are important because a positive community image and quality community design instills a sense of pride and well-being in the community. The aesthetic benefit attained as a result of the services and improvements provided by the District is detailed below. AESTHETIC BENEFIT The aesthetic benefit relates to an improvement in the District's visual appearance as a result of the District improvements and services. The beautification of property within the District can best be described as the ability for the property within the District to develop and operate at the property's highest and best use. Properties within the District receive the following aesthetic benefits as a result of the District's improvements and services: • Uniform and up to date streetscape and median and frontage improvements create cohesion throughout the District from 18th Street to SR 54. This District cohesion enhances the experience for all stakeholders. • The improvements and services enhance the community identity of the Mile of Cars area, which will lead to a stronger and healthier street corridor. The image of the Mile of Cars area is improved by maintaining the median avid frontage improvements. • The District revitalizes and beautifies the Mile of Cars area. This revitalization encourages new business development and existing business retention and expansion which overall reduces vacancies and increases lease rates for property, more specifically, the auto dealerships located within the District. NB City of National City `�+ Landscape Maintenance District No. 1 (Mile of Cars) 8 154 of 443 • The streetscape improvements encourage an increase in activity throughout the District. The Mile of Cars area becomes more pedestrian -friendly, thus improving activity for residents and businesses alike. • Upgraded median and frontage amenities provided by the District enhance the appearance, desirability, and experience of the properties directly fronting the improvements provided throughout the District. The streetscape improvements add aesthetic value to property adjacent to the improvements, but the improvements also make the property appear more stable and prosperous. The aesthetic benefit received by properties within the District assists each property in developing and operating at its highest and best use. SEPARATION OF GENERAL BENEFIT Section 4 of Article MUD of the California Constitution provides that once a local agency which proposes to impose assessments on property has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must then "separate the general benefits from the special benefits conferred," and only the special benefits can be included in the amount of the assessments imposed. General benefit is an overall and similar benefit to the public at large resulting from the improvements and services to be provided. The District improvements and maintenance services, which are more fully presented in Section 2 of this Report, will be provided within the District boundaries only. There will be no improvements or maintenance services provided by the District outside of the District boundaries. The District provides aesthetic benefits to the properties within the District. However, it is recognized that the District also provides a level of benefit to some property and businesses within close proximity to the District, as well as visitors and individuals passing through the District. Vehicular and pedestrian traffic from property within and outside of the District, as well as individuals passing through the Mile of Cars area will be able to enjoy the improvements and maintenance services. Therefore, it is necessary to quantify the general benefits created as a result of the District improvements and services. QUANTIFICATION OF GENERAL BENEFIT As previously mentioned, general benefit i : an overall and similar benefit to the public at large resulting from the improvements and services which are funded by the assessment revenue. The District improvements and maintenance services will be provided within the District boundaries only. There will be no improvements or maintenance services provided by the District outside of the District boundaries. General benefits accrue to individuals "walking through" the District and to vehicles "passing through" the District. Individuals walking through the District are typically people who live in close proximity and whose origin or destination neither begins with nor ends at a parcel within the District. Any walking that begins with or ends at a parcel within the District are considered part of the special benefit for those parcels within the boundaries of the District. Vehicles passing through the District are those vehicles whose origin or destination neither begins with nor ends at a parcel within the District. Any vehicle trips that begin with or end at a parcel within the District are considered part of the special benefit for those parcels within the boundaries of the District. For the M NBS City of National City Landscape Maintenance D?strict No. 1 (Mile of Cars) 9 155 of 443 purposes of this analysis, it was determined that the general benefit quantification should be focused on vehicle trips passing through the District because National City Boulevard is a major thoroughfare which connects and provides access to SR 54. To quantify and separate the amount of general benefit received by the general population as a result of the improvements and services provided by the assessment revenue, it has been determined that general benefits accrue mainly to vehicles "passing through" the District. Meaning, any vehicle using the City's streets that lie within the boundaries of the District that is coming or going to a parcel within the District ultimately is not part of the "general public" benefitting from the proposed improvements and services. Accordingly, the separation of general benefits from special benefits will be measured by that estimated portion of vehicle trips "passing through" the District. In order to determine the estimated portion of the vehicle trips "passing through" the District, trip generation data was collected for each parcel within the boundaries of the District using San Diego County assigned land use codes and property characteristics. Each land use code was categorized and located in the ITE Trip Generation Manuals — 2nd Edition. Using the property characteristics and data gathered from the ITE Trip Generation Manuals, the estimated amount of Average Daily Trips (ADT) was calculated for each parcel within the boundaries of the District. The ADT were then added together for each parcel within the boundaries of the District to arrive at a total amount of vehicle trips generated by the District, which equaled 13,385 ADT. The total average vehicle trips were then compared to the average vehicle trip generation data detailed in the City of National City Comprehensive Land Use Update (Transportation and Circulation) for the streets running through the District, which equaled 14,825 ADT. The comparison concluded that 90.29% of all vehicle trips passing through the District were coming or going to a parcel within the boundaries of the District, hence 90.29% of all vehicle trips passing through the District are designated as benefiting from the special benefits provided by the District. As a result, 9.71% of all vehicle trips passing through the District are general in nature and hence, do not receive any special benefit from the District. Therefore, 9.71% of the benefits of the services are considered general benefit. Accordingly, 90.29% of the benefit from the improvements and services are considered to provide special benefit to the properties within the District and thus are subject to the assessment. APPORTIONMENT OF COSTS In further making the analysis, it is necessary that the property owners receive a special and direct benefit distinguished from that of the general public. In this case, an in-depth analysis was made and several factors are being used in the final method and spread of assessment. All of the improvements are intended to be of direct benefit to properties within the District. These improvements require significantly more maintenance than normaiiy provided by the City. It is therefore appropriate that the properties receiving the benefit be assessed for the additional cost. Lineal frontage was assigned as the assessment variable by the assessment engineer because all of the special aesthetic benefits received by properties within the District from the improvements and services provided, using revenues from the annual assessment levy, can be quantified best by identifying the lineal frontage of the property along National City Boulevard. Lineal frontage is a tangible property characteristic C� NBS City of National City Landscape Maintenance District No. 1(Mile of Cars) 10 156 of 443 that clearly ties the aesthetic benefits received by parcels within the District based upon the amount of frontage of each property, which is where the aesthetic benefit is to be received and realized. The improvements and maintenance services being provided to and enjoyed by the parcels within the District provide an aesthetic benefit not provided to any parcels outside of the District boundaries. The annual assessment is based upon a parcel's lineal frontage unless otherwise identified by the original assessment engineer, as previously approved by property owners at the formation of the District. There are generally two categories of improvements to be maintained by the District —the median improvements and the frontage improvements. The median improvements benefit all properties within the District. The improvements to the parkway (referred to herein as Frontage Improvements) benefit those properties which they abut. The specific method of spreading the assessment is described below: MEDIAN IMPROVEMENTS 1. The total cost for maintenance of the Median Improvements is apportioned to all parcels in the District and is based on the frontage of each parcel along National City Boulevard. 2. Parcel 32 (APN 562-220-11) does not have frontage on National City Boulevard, but receives some benefit from median improvements and maintenance services benefiting properties within the boundaries of the District. As a result, the original assessment engineer determined that the parcel received a lower level of benefit and therefore assigned 100 frontage feet of benefit to the parcel. FRONTAGE IMPROVEMENTS 3. The total cost for maintenance of the Frontage improvements is apportioned to all parcels in the District and is based on the frontage of each parcel along National City Boulevard. 4. Parcel 32 (APN 562-220-11) does not have frontage on National City Boulevard. As such, Parcel 32 receives no benefit from the frontage improvements. J. The frontage of each parcel is determined from current assessor's maps for the County of San Diego, State of California. All frontage dimensions have been rounded to the nearest foot. Madul,ilam Annual Assessment Rates The maximum annual assessment to be levied on all properties within the District in any fiscal year shall be subject to an annual escalation of up to 10% based upon actual and anticipated expenditures. City of National City Landscape Maintenance District No. 1 (Mile of Cars) 11 157 of 443 The following table shows the historical maximum annual assessment rates. Fiscal Year Percentage Increase Maximum Frontage Rate Per Frontage Foot Maximum Median Rate Per Frontage Foot Total Maximum Rate Per Frontage Foot (1) 1996/97 N/A $3.29 $6.43 $9.72 1997/98 10% 3.62 7.07 10.69 1998/99 10% 3.98 i 7.78 11.76 1999/00 10% 4.38 8.56 12.94 2000/01 10% 4.82 9.41 14.23 2001/02 10% 5.30 10.35 15.66 2002/03 10% 5.83 11.39 17.22 2003/04 10% 6.41 12,53 [ 18.95 2004/05 10% 7.05 13.78 20,84 2005/06 10% 7.76 15.16 22.93 2006/07 10% 8.54 16.68 25.22 2007/08 10% 9.39 18.35 27.74 2008/09 10% 10.33 20.18 30.52 2009/10 10% 11.36 22.20 33.57 2010/11 10% 12.50 24.42 36.93 2011/12 10% 13.75 26.86 40.62 2012/13 10% 15.12 29.55 44.68 2013/14 10% 16.64 32.51 49.15 2014/15 10% 18.30 35.76 54.07 2015/16 10% 20.13 39.33 59.46 2016/17 10% 22.15 43.27 65.42 2017/18 10% 24.36 47.60 71.96 (1) Rates are truncated. AIIow for minor rounding, error. The annual assessment shall not exceed the maximum assessment, unless the appropriate Proposition 218 proceedings are conducted by the City to authorize an increase beyond the maximum assessment amount. The actual combined annual assessment rate for Fiscal Year 2017/18 is $15.69, which represents a 1.07% decrease from Fiscal Year 2016/17. Assessment Roll The proposed Fiscal Year 2017/18 District assessment roll is listed on the following page. NBSCity of National City Landscape Maintenance District No. 1 (Mi!e of Cars) 12 158 of 443 CC/CDC-HA Agenda 6/6/2017 — Page 159 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City initiating proceedings for the levy and collection of assessments for Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2017/18. (Planning) 159 of 443 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 6, 2017 AGENDA ITEM NO. ITEM TITLE: ;Resolution of the City Council of the City of National City initiating proceedings for the levy and collection of assessments for Landscape Maintenance District No. 1 (Miie of Cars) for Fiscai Year 2017/18. (Planning) PREPARED BY: Raymond Pe, Principal Planner DEPARTMENT: p Divisn -r PHONE: 1336-4421 APPROVED BY: EXPLANATION: The City formed the Mile of Cars Landscape Maintenance District No. 1 in 1995 to provide for the maintenance, operations, and servicing of certain improvements in the District. Each subsequent year, the City Council considers the adoption of several resolutions to allow the District to continue operating. District operations are funded through a special property tax levy on properties within the Mile of Cars, which are used to maintain the themed landscaping and improvements for the District. The resolution would initiate proceedings for the District for Fiscal Year 2017/18. The Mile of Cars Association has approved the scope of work, the amount of levies, and the District budget. There are no changes or additions to the maintained improvements for the coming fiscal year. The proposed total assessment of $141,494.43 is an increase of $2,357.28 or 1.69 percent above the prior year total assessment. The City's consultant is paid from the District's assessment funds. City administrative costs to process these items are also paid from the District's assessment funds. A public hearing will be called for June 20, 2017 at 6:00 p.m. in the Council Chambers to hear public comment on the proposed levy of assessments for fiscal year 2017/18. FINANCIAL STATEMENT: Not applicable. ACCOUNT NO. APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: his action is not subject to the California Environmental Quality Act since it is not a project as defined in the California Code of Regulations, Section 15378. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution to initiate proceedings. BOARD 1 COMMISSION RECOMMENDATION: Not applicable. ATTACHMENTS: 1. Resolution. 160 of 443 I CC/CDC-HA Agenda 6/6/2017 — Page 161 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City declaring its intention to conduct a public hearing on June 20, 2017 and to levy and collect assessments for Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2017/18. (Plannin 161 of 443 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 6, 2017 AGENDA ITEM NO. ITEM TITLE: 'Resolution of the City Council of the City of National City declaring its intention to conduct a public hearing on June 20, 2017 and to levy and collect assessments for Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2017/18. (Planning PREPARED BY: Raymond Pe, Principal Planner jogAir DEPARTMENT: iAdvat _Planning.. PHONE: ;336-4421 I APPROVED BY: „Zoom, EXPLANATION: The City formed the Mile of Cars Landscape Maintenance District No. 1 in 1995 to provide for the maintenance, operations, and servicing of certain improvements in the District. Each subsequent year, the City Council considers the adoption of several resolutions to allow the District to continue operating. District operations are funded through a special property tax levy on properties within the Mile of Cars, which are used to maintain the themed landscaping and improvements for the District. The resolution would declare the City's intention to levy and collect the assessments on behalf of the District for Fiscal Year 2017/18. The Miie of Cars Association has approved the scope of work, the amount of levies, and the District budget. There are no changes or additions to the maintained improvements for the coming fiscal year. The proposed total assessment of $141,494.43 is an increase of $2,357.28 or 1.69 percent above the prior year total assessment. The City's consultant is paid from the District's assessment funds. City administrative costs to process these items are also paid from the District's assessment funds. FINANCIAL STATEMENT: Not applicable. ACCOUNT NO. ENVIRONMENTAL REVIEW: APPROVED: APPROVED: This action is not subject to the California Environmental Quality Act since it is not a project as defined in the California Code of Regulations, Section 15378. ORDINANCE: INTRODUCTION: ' FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution declaring intent to conduct a public hearing and to levy and collect assessments. BOARD / COMMISSION RECOMMENDATION: Not applicable. ATTACHMENTS: 1. Resolution. 162 of 443 CC/CDC-HA Agenda 6/6/2017 — Page 163 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 Palm Engineering Construction Company, Inc. in the not -to -exceed amount of $1,780,325.57 for the Westside Mobility Improvements Project, CIP No. 17-04; 2) authorizing a 163 of 443 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 6, 2017 AGENDA ITEM NO. ITEM TITLE: 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 $1,780,325.57 for the Westside Mobility Improvements Project, CIP No. 17-04; 2) authorizing a 15% contingency in the amount of $267,048.83 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. FINANCIAL STATEMENT: ACCOUNT NO. Contract Award (funds available through prior City Council appropriations) 296-409-500-598-6577: $1,780,325.57 15% Contingency (funds available through prior City Council appropriations) 001-409-500-598-6035: $267,048.83 1 DEPARTMENT: Engineering/Public Works APPROVED BY: ENVIRONMENTAL REVIEW: APPROVED: APPROVED: Finance MIS ORDINANCE: INTRODUCTION: I FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution awarding a contract to Palm Engineering Construction Company, Inc. in the not -to -exceed amount of $1,780,325.57 for the Westside Mobility Improvements Project, CIP No. 17-04. BOARD I COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation wl Exhibits 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Resolution 164 of 443 EXPLANATION The project includes traffic calming, pedestrian and bicycle enhancements within the Westside Specific Plan Area. Improvements include a traffic calming roundabout at the intersection of Harding Avenue and W. 14th Street near Casa de Saiud Youth Center, conversion of West Avenue to a one-way street northbound, enhanced crosswalks with high intensity signing and striping, new sidewalks and pedestrian curb ramps for American with Disabilities Act (ADA) compliance, Class II bike lanes with signage on Civic Center Drive, Wilson Avenue and W. 22nd Street, and other amenities such as new lighting, landscaping, benches, bike racks, and public art. On April 21, 2017, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On April 25, 2017 and May 1, 2017, the bid solicitation was advertised in local newspapers. On May 18, 2017, three (3) bids were received electronically on PlanetBids by the 4:00 p.m. deadline. Bid results were available immediately after the 4:00 p.m. deadline. Palm Engineering Construction Company, Inc. was the apparent lowest bidder with a total bid amount of $1,780,325.57 as the basis of award. Upon review of all documents submitted, Palm Engineering Construction Company, 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 Palm Engineering Construction Company, Inc. in the not -to -exceed amount of $1,780,325.57 which includes the following: • Combined Base Bid in the amount of $1,136,900.21 o Traffic calming roundabout at the intersection of Harding Avenue and W. 14th Street, street lighting, new sidewalks, ADA curb ramps, and signing and striping. O Additive Bid West Avenue Improvements in the amount of $343,425.36 o Conversion of VVest Avenue to a one-way street northbound, a tIe signal modification at National City Blvd and 18th Street, curb extensions, and new sidewalks. • Additive Bid -- Curb Ramp improvements in the amount of $300,000 o Upgrade 100 curb ramps to ADA compliant curb ramps. Staff also recommends authorizing a 15% contingency in the amount of $267,048.83 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 January 2018. 165 of 443 EXHIBITS <TO BE ATTACHED> Roundabout West Ave 166 of 443 NATION: zticoripoRivrip BID OPENING RESULTS NAME: WESTSIDE MOBILITY IMPROVEMENTS CIP NO: 17-04 DATE: Thursday, May 18, 2017 TIME: 4:00 P.M. ESTIMATE: $1,700,000 PROJECT ENGINEER: Kona Muthusamy, P.E. NO. BIDDER'S NAME Grand Total* ADDENDA BID SECURITY BOND 1. Palm Engineering Construction Company, Inc. 7330 Opportunity Road Suite J San Diego, CA 92111 $1,780,325.57 Yes Bond 2. PAL General Engineering, Inc. 10675 Treena Street, Suite 103 San Diego, CA 92131 $1,864,642.00 Yes Bond 3, Tri Group Construction 9580 Black Mountain Rd., Ste. L San Diego, CA 92126 $2,112,790.00 Yes Bond * If an additive, alternate or additivelaltemate bid items are called for in the Contract Documents, the sum of the base bid and all additive, alternate and additivelaitemate bids, if any, shall be used to determine the lowest responsive bid. 167 of 443 Bid Results for Westside Mobility Improvements, CIP No. 17-04 PALM ENGINEERING CONSTRUCTION COMPANY INC PAL General Engineering Inc Tri Group Construction !tern No. Description Unit Q{:y. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantityx Unit Price) Unit Price Extension (Quantityx Unit Price) Base Bid - General 1 Mobilization LS 1 $60,000.00 $60,000 00 $35,450.00 $35,450.00 $40,000.00 $40,000.00 2 Traffic Control LS • 1 $50,000.00 $50,000.00 $69,250.00 $69,2.50.00 $100,000.00 $100,000.00 3 Surveying and Construction Staking LS 1 $25,000.00 $2,000.00 $2,500.00 $2,500.00 $10,000.00 $10,000.00 4 Water Pollution Control LS 1 $10,000.00 $10,000.00 $4,200.00 $4,200 00 $10,000.00 $10,000.00 5 Clearing and Grubbing LS 1 $40,000.00 $40,000.00 $89,000.00 $89,000.00 $480,000.00 $480,000.00 Subtotal $185,000.00 $200,400.00 $640,000.00 Base Bid - Mini -Roundabout 6 Unclassified Excavation C.Y 156 $100.00 $15,600.00 $65.00 $10,140.00 $20.00 $3,120.00 7 Untreated Base C:Y 115 $100.00 $11,500.00 $85.00 $9,775.00 $85.00 $9,775.00 8 Asphalt Concrete Pavement TON 52 $200.00 $10,400 00 $280.00 $14,560 00 $250.00 $13,000 00 9 slurry Seal 5F 7390 $2.00 $14,780.00 $1.50 $11,085.00 $2.00 $14,780.00 10 6" PCC Rolled Curb and Gutter (SDRSD G-4) LF ".20 $35.00 $4,200.00 $64.00 $7,680.00 $50.00 $6,000.00 11 6" PCC Curb and Gutter (SDRSD G-2) _ LF 5:30 $30.00 _ $15,900 00 $42.00 $22,260.00 $35.00 $18,550.00 12 PCC Cross Gutter (SDRSD G-12) SF 460 $15.00 $6,900.00 $15.00 $6,900.00 $20.00 $9,200.00 13 4" PCC Sidewalk (SDRSD G-7) SF } 4660 $7.00 _ $32,620.00 $6.75 $31,4.55.00 $9.00 $41,940.00 14 Curb Ramp EA 9 $4,500.00 $40,500.00 $3,250.00 $29,250.00 $3,000.00 $27,000.00 15 Trench Drain LP 3.00 $200.00 $20,000.00 $72.00 $7,200.00 $125.00 $12,500.00 16 Signing and Striping L5 1 $16,116.46 $1.6,116 .46 $14,980.00 $14,980.00 $14,000.00 $14,000.00 17 Street Lighting System including pull boxes, conduit, wiring, street lights, fixtures, and meter pedestal) LS 1 $96,428.75 $96,428.75 . $93,960.00 $93,960.00 $88,000.00 $88,000.00 18 Enhanced Sidewalk SE 860 $13.00 $11,180.00 $22.00 $18,920.00 $15.00 $12,900.00 19 Landscaping LS $3,300.00 $3,300 00 $48,750.00 $48,750.00 $20,000.00 $20,000.00 20 Irrigation Systems LS J $1,700.00 $1,700.00 $9,850.00 $9,850.00 $45,000.00 $45,000 00 Subtotal $301,125.21 $336,765.00 $335,765.00 Ease Bid - 18th Street Sidewalk Improvements 168 of 443 Bid Itesu[9s or Westside Mobility Improvements, CIP No. 17-04 PALM ENGINEERING CONSTRUCTION COMPANY INC PAL General Engineering Inc Tri Group Construction !tern No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) 21 Unclassified Excavation C:Y 160 $100.00 $1.6,000.00 $60.00 $9,600.00 $20.00 $3,200.00 22 Untreated Base C.Y 78 $100.00 $7,800.00 $95.00 $7,410.00 $85.00 $6,630.00 23 Asphalt Concrete Pavement TON I 14 $200.00 $2,800.00 $495.00 $6,930.00 $250.00 $3,500.00 24 7" PCC Paving SF I 2290 $10.00 $22,900.00 $7.00 $16,030.00 $10.00 $22,900.00 25 6" PCC Curb and Gutter (SDRSD G-2) LF 1 340 $30.00 $10,200.00 $55.00 $18,700.00 $35.00 $11,900.00 26 PCC Driveway (SDRSD G-14) SF 950 $9.00 $8,5.50.00 $11.00 $10,450.00 $10.00 $9,500,00 27 4" PCC Sidewalk (SDRSD G-7) SF 2660 $7.00 $18,620 00 $8.50 $22,610.00 $3.00 $21,2.80.00 28 Curb Ramp EA 1 $4,000.00 $4,000.00 $3,250.00 $3,250.00 $3,000.00 $3,000.00 29 Truncated Domes SF 60 $50.00 $3,000.00 $50.00 $3,000 00 $30.00 $1,800.00 30 Type B Curb Inlet EA 1 $7,000.00 $7,000.00 $3,675.00 $3,675.00 $8,000.00 $8,000.00 31 Type A-4 Cleanout EA 1 $6,000.00 $6,000.00 $9,800.00 $9,800.00 $8,000.00 $8,000.00 32.12" PVC Storm Drain LF 75 $100.00 $7,500.00 $349.00 $26,175.00 $120.00 $9,000.00 33 Signing and Striping Li 1 $6,937.50 $6 93-150 $37,980.00 $37,980.00 $6,000.00 , $6,000.00 34 Landscaping L5 1 $25,000.00 $25,000.00 $18,750.00 $18,750.00 $3,000.00 $3,000.00 Subtotal $146,307.50 $194,360.00 $117,710.00 Base Bid - 16th Street Sidewalk Improvements 35 PCC Driveway (5DR5D G-14) SF 1250 $8.00 $10,000.00 $10.00 $12,500.00 $10.00 $12,500.00 36 4" PCC Sidewalk (5DRSD G-7) SF 5220 $7.00 $36,540.00 $5.25 $27,405.00 $8.00 $41,760.00 37 Curb Ramp EA 4 $4,000.00 $16,000.00 $3,250.00 $ L3,000.00 $3,000.00 $12,000.00 38 Landscaping LS 1 $7,500.00 $7,500.00 $14,850.00 $ L4,850.00 $3,000.00 $3,000.00 Subtotal $70,040.00 $67,755.00 $69,260.00 Base Bid - Bicycle Lane Improvements 39ISigning and Striping - L5 I 1 $68,318.75 $68,318.75 $59,590.00 $59,590.00 $60,000.00 $60,000.00 Subtotal $68,318.75 $59,590.00 , $60,000.00 B-,se Bid - Sidewalk & Curb Ramp Improvements 40 4" PCC Sidewalk (SDRSD G-7) SI= 25025 $7.00 $175,175.00 $6.00 $150,150.00 $8.00 $200,200.00 41 Curb Ramp EA 59 $3,000,00 $177,000.00 $3,250.00 $1.91,7S0.00 $3,000.00 $177,000.00 42 Signing and Striping LS 1 $13,933.75 $13,933.75 $12,850.00 $12,850.00 $12,000.00 $12,000.00 169 of 443 -- —_ — Bid Results for Westside Mobility Improvements, CIP No. 17-04 PALM ENGINEERING CONSTRUCTION COIviPANY INC PAL Ceneral Engineering Inc Tri Group Construction Item Na. Description P Unit Qty.Unit Price Extension (Quantityx Unit Price) Unit Price Extension {Quantity x Unit Price) Unit Price Extension {Quantity x Unit Price) Subtotal $366,108.75 $354,750.00 $389,200.00 Additive Bid - West Avenue Improvements _ 43 Mobilization LS 1 $35,000.00 $35,000.00 $12,000.00 $12,000.00 $5,000.00 $5,000.00 44 Traffic Control LS 1 $25,000.00 $25,000.00 $15,000.00 $15,000.00 $5,000.00 $5,000.00 45 Surveying and Construction Staking LS 1 $10,000.00 $10,000.00 $1,500.00 $1,500.00 $5,000.00 $5,000.00 46 Water Pollution Control LS 1 $6,000.00 $6,000.00 $4,200.00 $4,200.00 $5,000.00 $5,000.00 47 Clearing and Grubbing LS 1 $25,000.00 $25,000.00 $28,750.00 $28,750.00 $10,000.00 $10,000.00 48 Unclassified Excavation CY 85 $120.00 $10,200.00 $95.00 $8,075.00 $15.00 $1,275.00 49 _. 50 Modify Curb Inlet EA 2 $3,000.00 $6,000.00 $6,500.00 $13,000.00 $2,000.00 $4,000.00 Untreated Base CY 63 $120.00 $7,560.00 $115.00 $7,245.00 $70.00 $4,410.00 51 Asphalt Concrete Pavement TON 30 $250.00 $7,500.00 $392.00 $11,760.00 $220.00 $6,600 00 52 6" PCC Curb and Gutter (SDRSD G-2) LF 591 $28.00 $16,548.00 $42.00 $24,822.00 $30.00 $17,730.00 53 6" PCC Curb (SDRDS G-6) LF 6 $40.00 $240.00 $170.00 $1,020 00 $50.00 $300.00 54 4" PCC Sidewalk (SDRSD G-7) SF $7.00 $53,410.00 $7.00 $53,410.00 $8.00 $61,040.00 55 Curb Ramp _,I7630 EA 11 $3,500.00 $38,500.00 $3,250.00 $35,750.00 $2,500.00 527,500.00 56 Signing and Striping LS 1 _ $22,086.11 $22,086.11 $19,850.00 $19,850.00 $18,000.00 $18,000.00 57 Traffic Signal Modification Including RRFB System L5 1 $80,381.25 $80,381 25 $89,640.00 $89,640.00 $80,000.00 $80,000.00 Subtotal $343,425.36 $326,022.00 $250,855.00 Additive Bid - Curb Ramp Improvements 58 Curb Ramp 1EA 1 100[ $3,000.00 $300,000.00 $3,250.00 _ $325,000.00 $2,500.00 $250,000.00 Subtotal $300,000.00 $325,000.00 $250,000.00 Grand Total $1,780,325.57 $1,864,642.00 $2,112,790.00 170 of 443 CC/CDC-HA Agenda 6/6/2017 — Page 171 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, 1) authorizing the Mayor to execute a two-year Agreement with Project Professionals Corporation for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National 171 of 443 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 6, 2017 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council ot the City ot National City, 1) authorizing the Mayor to execute a two-year Agreement with Project Professionals Corporation for a not -to -Exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management; engineering; construction management, inspections and certified payroll; plan reviews; constructability reviews; community outreach and communications; and legal support for public works contracts and/or disputes; and 2) authorizing the City Manager to execute any project -specific supplemental agreements, as may be required for grant funded projects. PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. DEPARTMENT: Engineering/Public Works APPROVED BY: APPROVED: cr- APPROVED: MIS Funds are appropriated in various CEP accounts for FY 2017; funding for subsequent fiscal years is dependent on future CIP appropriations as part of annual budget and/or future grant awards. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: L STAFF RECOMMENDATION: Adopt Resolution executing an Agreement with Project Professionals Corporation for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's C1P. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Agreement 3. Resolution 172 of 443 Explanation: National City's Capital Improvement Program (CIP) estimates approximately $80 million in capital needs over the next five years. Approximately $67 million (c, 84%) is available through traditional funding sources and existing grant awards. The City will need to explore alternative funding options and continue to aggressively pursue competitive grant opportunities to fund the remaining, approximately $13 million in capital needs. Projects include, for example, corridor enhancements for traffic calming, pedestrian / bicycle safety (including Americans with Disabilities Act compliance) and smart growth redevelopment; road diets and complete streets; safe routes to school; traffic signal modifications; new street lights, sewer replacement and upsizing; storm drain improvements and implementation of Low -Impact Development (LID) measures for treatment of urban storm water runoff; drought tolerant landscaping; park amenities; and energy efficiency upgrades to City -owned buildings. In order to successfully design, manage and construct these projects, the Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for various engineering, architectural and construction support services on February 2, 2017. Additional services requested via the RFQ include, for example, plan and map reviews, preparation of plat and legal descriptions, sewer system management and financial administration, and environmental compliance involving storm water, wastewater and hazardous materials. The RFQ was advertised on the City's website, published in the San Diego Union Tribune, and e-mailed to over 100 professional consulting firms. The Department received 51 Statement of Qualifications (SOQs) from various firms by the March 6, 2017 deadline. Copies of the SOQs received are available in the Office of the City Engineer. Based on the strength of their SOQ, interview and past performance, staff recommends executing a two-year Agreement (with the option to extend for one additional year) with Project Professionals Corporation for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's CIP, including, but not limited to, project management; ent; engineering; construction management, laf lagement, inspections and certified payroll; pan reviews; constructability reviews; community outreach and communications; and legal support for public works contracts and/or disputes. See Exhibit "A" for general scope of work and Exhibit "B" for schedule of fees (to remain fixed throughout the term of the Agreement). Services will be provided "as -needed" based on available funding and capital priorities. In addition, staff recommends authorizing the City Manager to execute any project - specific supplemental agreements, as may be required for grant funded projects. These supplemental agreements would reference the terms and conditions of the attached master on -call Agreement, while incorporating additional project -specific grant requirements for use of consultant support services. Authorization to accept and appropriate grant funds, and execute grant agreements with the awarding agency (e.g. Caltrans, SANDAG, etc.) would still require separate City Council actiuii. 173 of 443 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PROJECT PROFESSIONALS CORPORATION THIS AGREEMENT is entered into on this 6th day of June, 2017, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and PROJECT PROFESSIONALS CORPORATION, a corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide on -call project support services for National City's Capital Improvement Program (CIP). WHEREAS, on February 2, 2017, the Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for on -call project support services for National City's CIP; WHEREAS, on March 6, 2017, the CONSULTANT submitted a Statement of Qualifications (SOQ) in response to the RFQ, consistent with the requirements of the RFQ; WHEREAS, the CITY has determined that the CONSULTANT is an engineering and construction management firm; and WHEREAS, based on evaluation of the CONSULTANT'S SOQ and interview, 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 to provide on -call project support services for National City's Capital Improvement Program (CT), 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 June 6, 2017. The duration of this Agreement is for the period of June 6, 2017 through June 5, 2019. 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. 174 of 443 3. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A", including, but not limited to, project management; engineering; construction management, inspections and certified payroll; plan reviews; constructability reviews; corn iroanity outreach and �coniimin caaticns• and legal support for public works contracts aaaaaauaaav uvaa.f, a and/or disputes. The CONSULTANT will be expected to submit proposals for individual task orders in a timely manner, consistent with the general scope of services in Exhibit "A". Task order proposals shall include a detailed scope of work, schedule of deliverables and "not -to - exceed" cost estimate. The Project Coordinator will issue a Notice to Proceed upon approval of each individual task order. After issuance of a Notice to Proceed for each individual task order, the CONSULTANT will only receive compensation for actual work performed, on a time and materials basis, consistent with the detailed scope of work and within the limits of the "not -to - exceed" cost estimate. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Sen'ices to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. Stephen Manganiello, Director of Public Works/City Engineer, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Byron S. Wade, President/CEO, 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 "A" shall not exceed $2,000,000: The compensation for the CONSULTANT'S work shall not exceed the rates set forth in Exhibit "B". The CITY will not accept CONSULTANT "mark-ups" for services provided by SUBCONSULTANTS. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with the general scope of services in Exhibit "A", and the detailed scope of work and schedule of deliverables provided for individual task orders, as determined by the Project Coordinator. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. Standard Agreement Page 2 of 11 City of National City and Revised May 2017 Project Professionals Corp 175 of 443 b. 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 the C' ' `'T root agree to the quality or acceptability of e and CITY ♦ cannot �v 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 OWNERSIIIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this project, whether paper or electronic, shall become the property of the CITY for use with respect to this project, and shall be turned over to the CITY upon completion of the project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S written work product for the CITY'S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any i;abliity to the CITY should the documents be used by the CITY for some project other than what was expressly agred upon within the Sc.Cpe of .Services nfthis project� unless therwise - � mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acing in an independent capacity and not as agents, employees, paters, 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 Standard Agreement Page 3 of 11 City of National City and Revised May 2017 Project Professionals Coip 176 of 443 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 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 C}F 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 Standard Agreeinent Page 4 of 11 City of National City and Revised May 2017 Project Professionals Corp 177 of 443 diligence under this sub -section will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of 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 15. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S negligent performance of this Agreement. CITY will cooperate reasonably in Standard Agreement Page 5 of 11 City of National City and Revised May 20I7 Project Professionals Corp 178 of 443 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 Labor 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, employees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following insurance policies: A. ® If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement.. he policy shall name the CITY and its officers, agents; employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or `location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least S 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 Standard Agreement Page 6 of 11 City of National City and Revised May 2017 Project Professionals Corp 179 of 443 shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY's Risk Manager, at the address listed in subsection G below, 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. The Certificate Holder for all policies of insurance required by this Section shall be "City of National City, clo Risk Manager, 1243 National City Boulevard, National City, CA 91950-4397. H. Insurance shall be written with only insurers authorized to conduct business in California 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 of 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. I. 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 keen 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. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. K. If the CONSULTANT maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY requires and shall be entitled to the broader coverage or higher limits (or both) maintained by the CONSULTANT. Any available insurance proceeds in excess of the suecif ed minimum limits of insurance and coverage shall he available to 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. Standard Agreement Page 7 of 11 City of National City and Revised May 2017 Project Professionals Corp 180 of 443 A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if .ven 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: Stephen Manganiello Director of Public Works/City Engineer Engineering & Public Works Department City of National City 1243 National City Boulevard National City, CA 91950-4397 Standard Agreement Page 8 of 11 City of National City and Revised May 2017 Project Professionals Corp 181 of 443 To CONSULTANT: Byron S. Wade President/CEO Project Professionals Corporation 4499 Ruffin Road, Suite 250 San Diego, CA 92123 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 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 L-rterests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Section 21 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 Standard Agreement Page 9 of 11 City of National City and Revised May 2017 Project Professionals Corp 182 of 443 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, schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Subcontractors or Subconsultants. The CITY is engaging the services of the CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY in writing. In the event any portion of the work under this Agreement is subcontracted, the sub consultant(s) shall be required to comply with and agree to, for the benefit of and in favor of the CI1Y, both the insurance provisions in Section 17 and the indemnification and hold harmless provision of Section 15 of this Agreement. M. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such parry's counsel and advisors have reviewed this Agreement, (v) each party Standard Agreement Page 10 of 11 City of National City and Revised May 2017 Project Professionals Corp 183 of 443 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 PROJECT PROFESSIONALS CORPORATION By: By: Ron Morrison, Mayor Byron Wade, President/CEO APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney By: Roberto M. Contreras Deputy City Attorney By: Leanne Wade, CFO Standard Agreement Page 11 of 11 City of National City and Revised May 2017 Project Professionals Corp 184 of 443 EXHIBIT "A" <TO BE ATTACHED> 185 of 443 EXHIBIT "B" <TO BE ATTACHED> 186 of 443 INSURANCE CERTIFICATES <TO BE ATTACHED> 187 of 443 CC/CDC-HA Agenda 6/6/2017 — Page 188 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, 1) authorizing the Mayor to execute a two-year Agreement with Innovative Construction Consulting Services (ICCS) for a not -to -exceed amount of $2,000,000 to provide on -call project support servi 188 of 443 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE June 6, 2017 AGENDA ITEM NO, ITEM TITLE: Resolution of the City Council of the City of National City, 1) authorizing the Mayor to execute a two-year Agreement with Innovative Construction Consulting Services (ICCS) for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management; engineering; construction management, inspections and certified payroll; plan reviews; constructability reviews; community outreach and communications; and 2) authorizing the City Manager to execute any project -specific supplemental agreements, as may be required for grant funded projects. PREPARED BY- Stephen Manganiello PHONE: 619-336-4382 EXPLANATION See attached. FINANCIAL STATEMENT: ACCOUNT NO. DEPARTMENT, Engineering/Public Works APPROVED BY: APPROVED: APPROVED: MIS Funds are appropriated in various CIP accounts for FY 2017; funding for subsequent fiscal years is dependent on future CIP appropriations as part of annual budget and/or future grant awards. ENVIRONMENTAL REVIEW N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: L STAFF RECOMMENDATION: Adopt Resolution executing an Agreement with Innovative Construction Consulting Services (ICCS) for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's CIP. BOARD r COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Agreement 3. Resolution 189 of 443 Explanation: National City's Capita! Improvement Program (CIP) estimates approximately $80 million in capita! needs over the next five years. Approximately $67 million (or 84%) is available through traditional funding sources and existing grant awards. The City will need to explore alternative funding options and continue to aggressively pursue competitive grant opportunities to fund the remaining, approximately $13 million in capital needs. Projects include, for example, corridor enhancements for traffic calming, pedestrian 1 bicycle safety (including Americans with Disabilities Act compliance) and smart growth redevelopment; road diets and complete streets; safe routes to school; traffic signal modifications; new street lights; sewer replacement and upsizing; storm drain improvements and implementation of Low -Impact Development (LID) measures for treatment of urban storm water runoff; drought tolerant landscaping; park amenities; and energy efficiency upgrades to City -owned buildings. In order to successfully design, manage and construct these projects, the Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for various engineering, architectural and construction support services on February 2, 2017. Additional services requested via the RFQ include, for example, plan and map reviews, preparation of plat and legal descriptions, sewer system management and financial administration, and environmental compliance involving storm water, wastewater and hazardous materials. The RFQ was advertised on the City's website, published in the San Diego Union Tribune, and e-mailed to over 100 professional consulting firms. The Department received 51 Statement of Qualifications (SOQs) from various firms by the March 6, 2017 deadline. Copies of the SOQs received are available in the Office of the City Engineer. Based on the strength of their SOQ, interview and past performance; staff recommends executing a two-year Agreement (with the option to extend for one additional year) with Innovative Construction Consulting Services (ICCS) for a not -to -exceed amount of $2_000,000 to provide on -cal! project support services for National City's C!P including, but not limped to, project Map laycrlient; ei ng. ineeri. 1g; constr uc iv. 1 iiibll IdyGme IL, i:n.�-r nor! certified ni•.oll; plan reviews; nst •1.. h:lity 'r+e. •l•.a 11 IOlJ .,LIVI Ia7 a. id l- 1l.i�IG- F.Jayl JII, F.JIal1 I GYIGYY J, ivl 101.1 U .l,al,�llI y ICi Y 1GYYJ, 1AiII i111UI 11L)1 outreach and communications. See Exhibit "A" for general scope of work and Exhibit "B" for schedule of fees (to remain fixed throughout the term of the Agreement). Services will be provided "as -needed" based on available funding and capital priorities. In addition, staff recommends authorizing the City Manager to execute any project - specific supplemental agreements, as may be required for grant funded projects. These supplemental agreements would reference the terms and conditions of the attached master on -cal! Agreement, while incorporating additional project -specific grant requirements for use of consultant support services. Authorization to accept and appropriate grant funds, and execute grant agreements with the awarding agency (e.g. Caltrans, SANDAG, etc.) would still require separate City Council action. 190 of 443 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND INNOVATIVE CONSTRUCTION CONSULTING SERVICES, LLC THIS AGREEMENT is entered into on this 6th day of June, 2017, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and INNOVATIVE CONSTRUCTION CONSULTING SERVICES, LLC, a limited liability company (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide on -call project support services for National City's Capital Improvement Program (CIP). WHEREAS, on February 2, 2017, the Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for on -call project support services for National City's CIP; WHEREAS, on March 6, 2017, the CONSULTANT submitted a Statement of Qualifications (SOQ) in response to the RFQ, consistent with the requirements of the RFQ; WHEREAS, the CITY has determined that the CONSULTANT is an engineering and construction management firm; and WHEREAS, based on evaluation of the CONSULTANT'S SOQ and interview, 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 to provide on -call project support services for National City's Capital Improvement Program (CIP), 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 ECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on June 6, 2017. The duration of this Agreement is for the period of June 6, 2017 through June 5, 2019. 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. 191 of 443 3. SCOPE OF SERVICES. the CONSULTANT will perform services as set forth in the attached Exhibit "A", including, but not limited to, project management; engineering; construction management, inspections and certified payroll; plan reviews; constructability reviews; community outreach and communications. The CONSULTANT will be expected to submit proposals for individual task orders in a timely manner, consistent with the general scope of services in Exhibit "A". Task order proposals shall include a detailed scope of work, schedule of deliverables and "not -to - exceed" cost estimate. The Project Coordinator will issue a Notice to Proceed upon approval of each individual task order. After issuance of a Notice to Proceed for each individual task order, the CONSULTANT will only receive compensation for actual work performed, on a time and materials basis, consistent with the detailed scope of work and within the limits of the "not -to - exceed" cost estimate. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. Stephen Manganiello, Director of Public Works/City Engineer, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Sean E. Gill, Owner/CEO, thereby is designated as the Project Director for the CONSULTANT. S. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $2;000,000. The compensation for the CONSULTANT'S work shall not exceed the rates set forth in Exhibit "B". The CITY will not accept CONSULTANT "mark-ups" for services provided by SUBCONSULTANTS. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with the general scope of services in Exhibit "A", and the detailed scope of work and schedule of deliverables provided for individual task orders, as determined by the Project Coordinator. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 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 Standard Agreement Page 2 of 11 City of National City and Revised May 2017 ICCS 192 of 443 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 AgreementAgeement, the CITY or the CONSULTANT shall give to the other written notice. it:ce. With Uiten (10) business days, the CONSULTANT and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this project, whether paper or electronic, shall become the property of the CITY for use with respect to this project, and shall be turned over to the CITY upon completion of the project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S 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 Services 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 Standard Agreement Page 3 of 11 City of -National City and Revised May 2017 ICCS 193 of 443 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 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 -section 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 Standard Agreement Page 4 of 11 City of National City and Revised May 2017 ICCS 194 of 443 reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INIFORMATION. 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 15. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANTS negligent performance of this Agreement. CITY will cooperate reasonably in the defense of any action, and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney. Standard Agreement Page 5of11 City of National City and Revised May 2017 ICCs 195 of 443 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 Labor 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, employees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following insurance policies: A. ® If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a. separate additional insured endorsement shall be provided. The general aggregate Emit 1 "project" "location". {L "location" must apply solely to this or location . The project'7 or 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) Standard Agreement Page 6 of 11 City of National City and Revised May 2017 ICCS 196 of 443 days prior written notice to the CITY's Risk Manager, at the address listed in subsection G below, 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 co;Tcrage 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. The Certificate Holder for all policies of insurance required by this Section shall be "City of National City, c/o Risk Manager, 1243 National City Boulevard, National City, CA 91950-4397. H. Insurance shall be written with only insurers authorized to conduct business in California 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 of 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. I. 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. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. K. If the CONSULTANT maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY requires and shall be entitled to the broader coverage or higher limits (or both) maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to 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 ofthis 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. TEIINATION. 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 Standard Agreement Page 7 of 11 City of National City and Revised May 2017 ICCS 197 of 443 CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registerred, 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 t*lex, tele,npy,.facsirnile er fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Stephen Manganiello Director of Public Works/City Engineer Engineering & Public Works Department City of National City 1243 National City Boulevard National City, CA 91950-4397 Standard Agreement Page 8 of 11 City of National City and Revised May 2917 ICCS 198 of 443 To CONSULTANT: Sean E. Gill Owner/CEO Innovative Construction Consulting Services, LLC P.O. Box 6211 Norco, CA 92860 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 tmely 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 Y olation oft ;is Section 21 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 Standard Agreement Page 9 of 11 City of National City and Revised May 2017 ICCs 199 of 443 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 inmultiple counterparts, each ofwhich hull be deeet an original, but all of which, together, shall constipate 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, schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors aind assigns ofthepatties hereto. L. Subcontractors or Subcon.sultants. 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 Standard Agreement Page 10 of 11 City of National City and Revised May 2017 ICCS 200 of 443 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 INNOVATIVE CONSTRUCTION CONSULTING SERVICES, LLC By: By: Ron Morrison, Mayor Sean E. Gill, Owner/CEO APPROVED AS TO FORM: Argil P. Morris -Jones City Attorney By: Roberto M. Contreras Deputy City Attorney Standard Agreement Page 11 of 11 City of National City and Revised May 2017 ICCs 201 of 443 EXHIBIT "A" <TO BE ATTACHED 202 of 443 EXHIBIT "B" <TO BE ATTACHED> 203 of 443 INSURANCE CERTIFICATES <TO BE ATTACHED> 204 of 443 CC/CDC-HA Agenda 6/6/2017 — Page 205 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, 1) authorizing the Mayor to execute a two-year Agreement with D-Max Engineering, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's Cap 205 of 443 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 6, 2017 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) authorizing the Mayor to execute a two-year Agreement with D-Max Engineering, Inc. for a not--to-exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management; engineering; environmental planning, compliance and assessments; construction support; plan reviews; community outreach and communications; and 2) authorizing the City Manager to execute any project - specific supplemental agreements, as may be required for grant funded projects. PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: 7_ Finance ACCOUNT NO. APPROVED: MIS Funds are appropriated in various C!P accounts for FY 2017; funding for subsequent fiscal years is dependent on future CPP appropriations as part of annual budget and/or future grant awards. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: STAFF RECOMMENDATION° FINAL ADOPTION: Adopt Resolution executing an Agreement with D-Max Engineering, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's CIP. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Agreement 3. Resolution 206 of 443 Explanation: National City's Capital Improvement Program (CIP) estimates approximately $80 million capita! needs over the next five years. Approximately $67 million (or 84%) is available through traditional funding sources and existing grant awards. The City will need to explore alternative funding options and continue to aggressively pursue competitive grant opportunities to fund the remaining, approximately $13 million in capital needs. Projects include, for example, corridor enhancements for traffic calming, pedestrian I bicycle safety (including Americans with Disabilities Act compliance) and smart growth redevelopment; road diets and complete streets; safe routes to school; traffic signal modifications; new street lights; sewer replacement and upsizing; storm drain improvements and irnplementation of Low -Impact Development (LID) measures for treatment of urban storm water runoff; drought tolerant landscaping; park amenities; and energy efficiency upgrades to City -owned buildings. In order to successfully design, manage and construct these projects, the Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for various engineering, architectural and construction support services on February 2, 2017. Additional services requested via the RFQ include, for example, plan and map reviews, preparation of plat and legal descriptions, sewer system management and financial administration, and environmental compliance involving storm water, wastewater and hazardous materials. The RFQ was advertised on the City's website, published in the San Diego Union Tribune, and e-mailed to over 100 professional consulting firms. The Department received 51 Statement of Qualifications (SOQs) from various firms by the March 6, 2017 deadline. Copies of the SOQs received are available in the Office of the City Engineer. Based on the strength of their SOQ, interview and past performance, staff recommends executing a two-year Agreement (with the option to extend for one additional year) with D-Max Engineering for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's CIP, including, but not limited to, project management; engineering; environmental planning, compliance and assessments; construction support; plan reviews; community outreach and communications. See Exhibit "A" for general scope of work and Exhibit "B" for schedule of fees (to remain fixed throughout the term of the Agreement). Services will be provided "as -needed" based on available funding and capital priorities. In addition, staff recommends authorizing the City Manager to execute any project - specific supplemental agreements, as may be required for grant funded projects. These supplemental agreements would reference the terms and conditions of the attached master on -call Agreement, while incorporating additional project -specific grant requirements for use of consultant support services. Authorization to accept and appropriate grant funds, and execute grant agreements with the awarding agency (e.g. Caltrans, SANDAG, etc.) would still require separate City Council action. 207 of 443 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND D-MAX ENGINEERING, INC. THIS AGREEMENT is entered into on this bth clay of June, 2017, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and D-MAX ENGINEERING, INC., a corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide on -call project support services for National City's Capital Improvement Program (CIP). WHEREAS, on February 2, 2017, the Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for on -call project support services for National City's CIP; WHEREAS, on March 6, 2017, the CONSULTANT submitted a Statement of Qualifications (SOQ) in response to the RFQ, consistent with the requirements of the RFQ; WHEREAS, the CITY has determined that the CONSULTANT is an engineering and environmental consulting firm; and WHEREAS, based on evaluation of the CONSULTANT'S SOQ and interview, 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 to provide on -call project support services for National City's Capital Improvement Program (CIP), 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 June 6, 2017. The duration of this Agreement is for the period of June 6, 2017 through June 5, 2019. This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (I) year term. Any extension of this Agreement must be approved in writing by the City Council. 208 of 443 3. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A", including, but not limited to, project management; engineering; environmental planning, compliance and assessments; construction support; plan reviews; community outreach and communications. The CONSULTANT will be expected to submit proposals for individual task orders in a timely manner, consistent with the general scope of services in Exhibit "A". Task order proposals shall include a detailed scope of work, schedule of deliverables and "not -to - exceed" cost estimate. The Project Coordinator will issue a Notice to Proceed upon approval of each individual task order. After issuance of a Notice to Proceed for each individual task order. the CONSULTANT will only receive compensation for actual work performed, on a time and materials basis, consistent with the detailed scope of work and within the limits of the "not -to - exceed" cost estimate. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. Stephen Manganiello, Director of Public Works/City Engineer, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Arsalan Dadkhah, P.E., Principal, 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 "A" shall not exceed $2,000,000. The compensation for the CONSULTANT'S work shall not exceed the rates set forth in Exhibit "B". The CITY will not accept CONSULTANT "mark-ups" for services provided by SUBCONSULTANTS. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with the general scope of services in Exhibit "A", and the detailed scope of work and schedule of deliverables provided for individual task orders, as determined by the Project Coordinator. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 6. ACCEPTABILITY OF WORK. The CITY shall decade any and all questions which may arise as to the quality or acceptability of the services performed and the manner of Standard Agreement Page 2 of 11 Revised May 2017 D-Max Engineering City of National City and 209 of 443 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 Tegarding 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 Services of this protect, 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 Standard Agreement Page 3 of 11 City of National City and Revised May 2017 D-Max Engineering 210 of 443 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 CONSULTANTS 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 Agreernent. 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 CON SULTA: NT' 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 famishing 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 -section 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 Standard Agreement Page 4 of 11 City of National City and Revised May 2017 D_Max Engineering 211 of 443 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. NON-DISCRIMINATION 71OV SONS T CONSULTANT 1.j. �SR6IW��na11'Y�� The s::41l not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein_ The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations; conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with ail 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 15. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attomeys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S negligent performance of this Agreement. CITY will cooperate reasonably in the defense of any action, and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney. Standard Agreement Page 5 of 11 Revised May 201'i D-Max Engineering City of National City and 212 of 443 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 Labor 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, employees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. LNSURANCE. 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 insurance policies: A. ® If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) Standard Agreement Page 6 of 11 City of National City and Revised May 2017 D-Max Engineering 213 of 443 days prior written notice to the CITY's Risk Manager, at the address listed in subsection G below, 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 for three insurance coverage -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. The Certificate Holder for all policies of insurance required by this Section shall be "City of National City, c/o Risk Manager, 1243 National City Boulevard, National City, CA 91950-4397. H. Insurance shall be written with only insurers authorized to conduct business in California 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 of 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 ctheerwise meet rating requirements. I. 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 terns 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. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. K. If the CONSULTANT maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY requires and shall be entitled to the broader coverage or higher limits (or both) maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to 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 to rn nated withor without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the Standard Agreement Page 7 of 11 Revised May 2017 D-Max Engineering City of National City and 214 of 443 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. Ail notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand,direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Stephen Manganiello Director of Public WorkslCity Engineer Engineering & Public Works Department City of National City 1243 National City Boulevard National City, CA 91950-4397 Standard Agreement Page 8 of 11 City of 'National City and Revised May 2017 D-Max Engineering 215 of 443 To CONSULTANT: Arsalan Dadkhah, P.E. Principal D-Max Engineering, Inc. 7220 Trade Street, Suite 119 San Diego, CA 92121 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 MEREST 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 fmancial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Section 21 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 Standard Agreement Page 9 of 11 Revised May 2017 D-Max Engineering City of National City and 216 of 443 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, schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the -party to be boiled. 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 coriteml fated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party Standard Agreement Page 10 of 11 Revised May 2017 D-Max Engineering City of National City and 217 of 443 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 D-MAX ENGINEERING, INC. By: By: Arsalan Dadkhah, Principal Ron Morrison, Mayor By: John Quenzer, Secretary APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney By: Roberto M. Contreras Deputy City Attorney Standard Agreement Page 11 of 11 City of National City and Revised May 2017 D-Max Engineering 218 of 443 EXHIBIT "A" <TO BE ATTACHED 219 of 443 EXHIBIT "B" <TO BE ATTACHED> 220 of 443 INSURANCE CERTIFICATES <TO BE ATTACHED> 221 of 443 CC/CDC-HA Agenda 6/6/2017 — Page 222 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, 1) authorizing the Mayor to execute a two-year Agreement with STC Traffic, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's Capital I 222 of 443 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 6, 2017 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) thor izing the Mawr to execute a two-year •.• National � it authorizing Agreement with STC Traffic !no. for a not -to -exceed amount of $2,000,000 to provide on-caii project support services for National City's Capital improvement Program (CIP), including, but not limited to, project management; engineering; architecture; construction management and inspections; traffic signal communications infrastructure and systems integration; land surveying; environmental assessments; geotechnical; construction support; plan reviews; community outreach and communications; and 2) authorizing the City Manager to execute any project -specific supplemental agreements, as may be required for grant funded projects. PREPARED BY: Stephen Manganiello DEPARTMENT: Engineering/Public Works PHONE: 619-336-4382 EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED BY: APPROVED: APPROVED: MIS Funds are appropriated in ►,ar!ous CIF accounts for FY 2017; funding for subsequent fiscal years is dependent on future CIP appropriations as part of annual budget and/or future grant awards. ENVIRONMENTAL REVIEW: NIA ORDINANCE: INTRODUCTION: 1 FINAL ADOPTION: I STAFF RECOMMENDATION: Adopt Resolution executing an Agreement with STC Traffic, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's CIP. BOARD / COMMISSION RECOMMENDATION: NIA ATTACHMENTS: 1. Explanation 2. Agreement 3. Resolution 223 of 443 Explanation: National City's Capital Improvement Program (CIP) estimates approximately $80 million in capital needs over the next five years. Approximately $67 million (or 84%) is available through traditional funding sources and existing grant awards. The City will need to explore alternative funding options and continue to aggressively pursue competitive grant opportunities to fund the remaining, approximately $13 million in capital needs. Projects include, for example, corridor enhancements for traffic calming, pedestrian / bicycle safety (including Americans with Disabilities Act compliance) and smart growth redevelopment; road diets and complete streets; safe routes to school; traffic signal modifications; new street lights; sewer replacement and upsizing; storm drain improvements and implementation of Low -Impact Development (LID) measures for treatment of urban storm water runoff; drought tolerant landscaping; park amenities; and energy efficiency upgrades to City -owned buildings. In order to successfully design, manage and construct these projects, the Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for various engineering, architectural and construction support services on February 2, 2017. Additional services requested via the RFQ include, for example, plan and map reviews, preparation of plat and legal descriptions, sewer system management and financial administration, and environmental compliance involving storm water, wastewater and hazardous materials. The RFQ was advertised on the City's website, published in the San Diego Union Tribune, and e-mailed to over 100 professional consulting firms. The Department received 51 Statement of Qualifications (SOQs) from various firms by the March 6, 2017 deadline. Copies of the SOQs received are available in the Office of the City Engineer. Based on the strength of their SOQ, interview and past performance, staff recommends executing a two-year Agreement (with the option to extend for one additional year) with STC Traffic, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's CsP, including, but not limited to, nro ect management; engineering; architecture; construction management and inspections; communications infrastructure t, e and integration; land traffic signal �v������..���vr.�uv�n� ���11�.7Lriiyll.�rc systems IIItG[�IallVll, IQIIU sGIVejring, environmental assessments; geotechnical; construction support; plan reviews; community outreach and communications. See Exhibit "A' for general scope of work and Exhibit "B" for schedule of fees (to remain fixed throughout the term of the Agreement). Services will be provided "as -needed" based on available funding and capital priorities. In addition, staff recommends authorizing the City Manager to execute any project - specific supplemental agreements, as may be required for grant funded projects. These supplemental agreements would reference the terms and conditions of the attached master on -call Agreement, while incorporating additional project -specific grant requirements for use of consultant support services. Authorization to accept and appropriate grant funds, and execute grant agreements with the awarding agency (e.g. Caltrans, SANDAG, etc.) would still require separate City Council action. 224 of 443 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND STC TRAFFIC, INC. THIS AGREEMENT is entered into on this 6th day of June, 2017, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and STC TRAFFIC, INC., a corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide on -call project support services for National City's Capital Improvement Program (CIP). WHEREAS, on February 2, 2017, the Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for on -call project support services for National City's CIP; WHEREAS, on March 6, 2017, the CONSULTANT submitted a Statement of Qualifications (SOQ) in response to the RFQ, consistent with the requirements of the RFQ; WHEREAS, the CITY has determined that the CONSULTANT is an engineering firm; and WHEREAS, based on evaluation of the CONSULTANT'S SOQ and interview, 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 to provide on -call project support services for National City's Capital Improvement Program (CIP), 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 June 6, 2017. The duration of this Agreement is for the period of June 6, 2017 through June 5, 2019. 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. 225 of 443 3. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A", including, but not limited to, project management; engineering; architecture; construction management and inspections; traffic signal communications infrastructure and systems integration; land surveying; environmental assessments; geoteehtucal; construction support; plan reviews; community outreach and communications. The CONSULTANT will be expected to submit proposals for individual task orders in a timely manner, consistent with the general scope of services in Exhibit "A". Task order proposals shall include a detailed scope of work, schedule of deliverables and "not -to - exceed" cost estimate. The Project Coordinator will issue a Notice to Proceed upon approval of each individual task order. After issuance of a Notice to Proceed for each individual task order, the CONSULTANT will only receive compensation for actual work performed, on a time and materials basis, consistent with the detailed scope of work and within the limits of the "not -to - exceed" cost estimate. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. Stephen Manganiello, Director of Public Works/City Engineer, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Jason Stack, President, 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 "A" shall not exceed $2,OOO,000. The compensation for the CONSULTANT'S work shall not exceed the rates set forth in Exhibit "B". The CITY will not accept CONSULTANT "mark-ups" for services provided by SUBCONSULTANTS. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with the general scope of services in Exhibit "A", and the detailed scope of work and schedule of deliverables provided for individual task orders, as determined by the Project Coordinator. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. Standard Agreement Page 2 of 11 Revised May 2017 STC Traffic City of National City and 226 of 443 6. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this project, whether paper or electronic, shall become the property of the CITY for use with respect to this project, and shall be turned over to the CITY upon completion of the project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY' S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S 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 modificationor 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 Services 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 CONSUL TAINT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the standard Agreement Page 3 of 11 Revised May 2017 STC Traffic City of National City and 227 of 443 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 S VLV QAS VLTA T (S) shall require the SUBCONSULTANT(S) NT(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 mariner agents, servants, or employees of the CITY, it being understood that the CONSULTANT its agents, servants, and employees are as to the CITY wholly independent CONSULTANT, and that the CONSULTANT'S obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S AN i'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 andlor 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 Standard Agreement Page 4 of 11 City of National City and Revised May 2017 STC Traffic 228 of 443 diligence under this sub -section will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of 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 15. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S negligent performance of this Agreement. CITY willcooperate reasonably in Standard Agreement Page 5 of 11 Revised May 2017 STC Traffic City of National City and 229 of 443 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 Labor 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, employees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following insurance policies: A. N If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as addition i insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY Standard Agreement Page 6 of 11 Revised May 2017 STC Traffic City ofNational City and 230 of 443 shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY's Risk Manager, at the address listed in subsection G below, 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. The Certificate Holder for all policies of insurance required by this Section shall be "City of National City, c/o Risk Manager, 1243 National City Boulevard, National City, CA 91950-4397. H. Insurance shall be written with only insurers authorized to conduct business in California 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 of 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. I. 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. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. K. If the CONSULTANT maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY requires and shall be entitled to the broader coverage or higher limits (or both) maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. 18. LEGAL 1.'"a;ES. 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. Standard Agreement Page 7 of 11 City of National City and Revised May 2017 STC Traffic 231 of 443 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. 13. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like. facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Stephen Manganiello Director of Public Works/City Engineer Engineering & Public Works Department City ofNational City 1243 National City Boulevard National City, CA 91950-4397 Standard Agreement Page 8 of 11 Revised May 2017 STC Traffic City of National City and 232 of 443 To CONSULTANT: Jason Stack President RTC TInc.Traffic, ' ' 5865 Avenida Encinas, Suite 142B Carlsbad, CA 92008 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. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Section 21 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 Standard Agreement Page 9 of 11 Revised May 2017 STC Traffic City of National City and 233 of 443 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, schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control, F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of he 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 Standard Agreement Page 10 of 11 Revised May 2017 STC Traffic City of National City and 234 of 443 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 STC TRAFFIC, INC. By: By: Jason Stack, President Ron Morrison, Mayor By: Morria Stack, CFO APPROVED AS TO FORM: Angil P. Monis-Jones City Attorney By: Roberto M. Contreras Deputy City Attorney Standard Agreement Page 11 of 11 Revised May 2017 STC Tixft'ic City of National City and 235 of 443 EXHIBIT "A" PTO BE ATTACHED> 236 of 443 EXHIBIT "B" PTO BE ATTACHED> 237 of 443 INSURANCE CERTIFICATES <TO BE ATTACHED> 238 of 443 CC/CDC-HA Agenda 6/6/2017 — Page 239 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, 1) authorizing the Mayor to execute a two-year Agreement with Kimley-Horn and Associates, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National C 239 of 443 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATL June 6, 2017 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council ot the City ot National City, 1) authorizing the Mayor to execute a two-year Agreement with Kimley-Horn and Associates, inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management; engineering; architecture; land surveying; environmental assessments; geotechnical; construction support; plan reviews; community outreach and communications; and 2) authorizing the City Manager to execute any project -specific supplemental agreements, as may be required for grant funded projects. PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. DEPARTMENT: Engineering/Public Works APPROVED BY: 1/7-z.y...,-€ APPROVED: APPROVED: Finance MIS Funds are appropriated in various CIP accounts for FY 2017; funding for subsequent fiscal years is dependent on future CIP appropriations as part of annual budget and/or future grant awards. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution executing an Agreement with Kimsey -Horn and Associates, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's CIP. klE%UnhniiENUAriUri: N/A ATTACHMENT& 1. Explanation L2. Agreement 3. Resolution 240 of 443 Explanation: National City's Capital Improvement Program (CIP) estimates approximately $80 million in capital needs ever the next five ycars. Approximately $67 million (or 84%) is available through traditional funding sources and existing grant awards. The City will need to explore alternative funding options and continue to aggressively pursue competitive grant opportunities to fund the remaining, approximately $13 million in capital needs. Projects include, for example, corridor enhancements for traffic calming, pedestrian 1 bicycle safety (including Americans with Disabilities Act compliance) and smart growth redevelopment; road diets and complete streets; safe routes to school; traffic signal modifications; new street lights; sewer replacement and upsizing; storm drain improvements and implementation of Low -Impact Development (LID) measures for treatment of urban storm water runoff; drought tolerant landscaping; park amenities; and energy efficiency upgrades to City -owned buildings. In order to successfully design, manage and construct these projects, the Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for various engineering, architectural and construction support services on February 2, 2017. Additional services requested via the RFQ include, for example, plan and map reviews, preparation of plat and legal descriptions, sewer system management and financial administration, and environmental compliance involving storm water, wastewater and hazardous materials. The RFQ was advertised on the City's website, published in the San Diego Union Tribune, and e-mailed to over 100 professional consulting firms. The Department received 51 Statement of Qualifications (SOQs) from various firms by the March 6, 2017 deadline. Copies of the SOQs received are available in the Office of the City Engineer. Based on the strength of their SOQ, interview and past performance, staff recommends executing a two-year Agreement (with the option to extend for one additional year) with Kimsey -Flom and Associates for a not -to -exceed amount of $2,000,000 to provide on - nail rlrojent support sprvic As for National City's CIP, innEndvj hut not limitRd t!1 nrniec _ .. ,.. � support .. _ ._-'- � _ '-. .---�a,• _ .. r -- management; engineering; architecture; and surveying; environmental assessments; y$oiechnical; construction support; plan reviews; community outreach and communications. See Exhibit "A" for general scope of work and Exhibit "B" for schedule of fees (to remain fixed throughout the term of the Agreement). Services will be provided "as -needed" based on available funding and capital priorities. In addition, staff recommends authorizing the City Manager to execute any project - specific supplemental agreements, as may be required for grant funded projects. These supplemental agreements would reference the terms and conditions of the attached master on -call Agreement, while incorporating additional project -specific grant requirements for use of consultant support services. Authorization to accept arid appropriate grant funds, and execute grant agreements with the awarding agency (e.g. Caltrans, SANDAG, etc.) would still require separate City Council action. 241 of 443 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND KIMLEY-HORN AND ASSOCIATES, INC. THIS AGREEMENT is entered into on this 6th day of June, 2017, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and KIMLEY-HORN AND ASSOCIATES; 1NC., a corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide on -call project support services for National City's Capital Improvement Program (CIP). WHEREAS, on February 2, 2017, the Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for on -call project support services for National City's CIP; WHEREAS, on March 6, 2017, the CONSULTANT submitted a Statement of Qualifications (SOQ) in response to the RFQ, consistent with the requirements of the RFQ; WHEREAS, the CITY has determined that the CONSULTANT is an engineering firm; and WHEREAS, based on evaluation of the CON SUL LAN 1' S SOQ and interview, 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 to provide on -call project support services for National City's Capital Improvement Program (C_TP), 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 June 6, 2017. The duration of this Agreement is for the period of June 6, 2017 through June 5, 2019. 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. 242 of 443 3. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A", including, but not limited to, project management; engineering; architecture; land surveying; environmental assessments; geotechnical; construction support; plan reviews; community outreach and communications. • The CONSULTANT will be expected to submit proposals for individual task orders in a timely manner, consistent with the general scope of services in Exhibit "A". Task order proposals shall include a detailed scope of work, schedule of deliverables and "not -to - exceed" cost estimate. The Project Coordinator will issue a Notice to Proceed upon approval of each individual task order. After issuance of a Notice to Proceed for each individual task order, the CONSULTANT will only receive compensation for actual work performed, on a time and materials basis, consistent with the detailed scope of work and within the limits of the "not -to - exceed" cost estimate. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. Stephen Manganiello, Director of Public Works/City Engineer, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Jennifer Koopman, P.E., Project Manager, 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 ail work described in Exhibit "A" shall not exceed S2,000,000. The compensation for the CONSULTANT'S work shall notexceed the rates set forth ;n Exhibit "B". The CITY will not accept CONSULTANT "mark-ups" for services provided by SUBCONSULTANTS. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with the general scope of services in Exhibit "A", and the detailed scope of work and schedule of deliverables provided for individual task orders, as determined by the Project Coordinator. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 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 Standard Agreement Page 2 of 11 City of National City and Revised May 2017 Kimley-Horn & Assoc 243 of 443 performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 7. DISPOSITION AND ,OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this project, whether paper or electronic, shall become the property of the CITY for use with respect to this project, and shall be turned over to the CITY upon completion of the project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S 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 Services 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 CONSUL TA ANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem Standard Agreement Page 3 of 11 City of National City and Revised May 2017 Kimley-Hom & Assoc 244 of 443 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 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 n oc s 2;ect G � T', f... b 5 �I�pr:;;..:.: ;e �.vlhr3:�i,i�iir i u :.iii�3ivyCC$ aiii`i �i�euluers O1 uie uuuilC 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 proiect documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -section 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 Standard Agreement Page 4 of 11 City of National City and Revised May 2017 Knnley-Horn & Assoc 245 of 443 reasonable substitute within a price range that allows for project completion_in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS'. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of 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 l 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 15. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S negligent performance of this Agreement. CITY will cooperate reasonably in the defense of any action, and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney. Standard Agreement Page 5 of 11 City of National City and Revised May 2017 Kimley-Horn & Assoc 246 of 443 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 Labor 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, employees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following insurance policies: A. ® If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shad 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) Standard Agreement Page 6 of 11 City of National City and Revised May 2017 Kimley-Horn & Assoc 247 of 443 days prior written notice to the CITY's Risk Manager, at the address listed in subsection G below, 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. The Certificate Holder for all policies of insurance required by this Section shall be "City of National City, c/o Risk Manager, 1243 National City Boulevard, National City, CA 91950-4397. H. Insurance shall be written with only insurers authorized to conduct business in California 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 of 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. I. 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. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. K. If the CONSULTANT maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY requires and shall be entitled to the broader coverage or higher limits (or both) maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of ary of the covenants or agreements or any inac: a. acies in any of the representations and warranties on the part of the other partyarising out of this ^ then L other �l lllg V 1 41,.L.] Agreement, ee111Lli L, 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 attomey'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 Standard Agreement Page 7 of 11 City of National City and Revised May 2017 Kimley-Horn & Assoc 248 of 443 CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, faccirnie nr fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Stephen Manganiello Director of Public Works/City Engineer Engineering & Public Works Department City of National City 1243 National City Boulevard National City, CA 91950-4397 Standard Agreement Page 8 of 11 Revised May 2017 Kimley-Horn & Assoc City of National City and 249 of 443 To CONSULTANT: Jennifer Koopman, P.E. Project Manager Kimley-Horn and Associates, Inc. 401 "B" Street, Suite 600 San Diego, CA 92101 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 Lnterest 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 Citv Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Section 21 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 Standard Agreement Page 9 of 11 Revised May 2917 Kimley-Horn & Assoc City of National City and 250 of 443 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, 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 ($ 1 0,000), 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 exPoltRd by fhe warty 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 contemplate under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party Standard Agreement Page 10 of 11 City of National City and Revised May 2017 Kimley-Hom & Assoc 251 of 443 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 KIMLEY-HORN AND ASSOCIATES, INC. By: By: Ron Morrison, Mayor Dennis Landaal, Sr. Vice President By: Jennifer Koopman, Assistant Secretary APPROVED AS TO FORM: Angii P. Morris -Jones City Attorney By: Roberto M. Contreras Deputy City Attorney Standard Agreement Page 11 of 11 City of National City and Revised May 2017 Kimley-Horn & Assoc 252 of 443 EXHiBJT "A" <TO BE ATTACHED> 253 of 443 EXHIBIT "B" PTO BE ATTACHED> 254 of 443 INSURANCE CERTIFICATES <TO BE ATTACHED> 255 of 443 CC/CDC-HA Agenda 6/6/2017 — Page 256 The following page(s) contain the backup material for Agenda Item: Investment Report for the quarter ended March 31, 2017. (Finance) 256 of 443 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 6, 2017 AGENDA ITEM NO. ITEM TITLE: Investment Report for the quarter ended March 31, 2017. PREPARED BY: Ronald Gutlay PHONE: 819-336-4346: EXPLANATION: See attached staff report. DEPARTMENT: We APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. See attached staff report. APPROVED: i /1'�'!► Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: l ' I FINAL ADOPTION: STAFF RECOMMENDATION: Accept and File the Investment Report for the Quarter ended March 31, 2017. BOARD / COMMISSION RECOMMENDATION: WA ATTACHMENTS: 1. Staff Report 2. Investment Listings 257 of 443 i City Council Staff Report June 6, 2017 ITEM Staff Report: Investment Report for the quarter ended March 31, 2017. BACKGROUND The California Government Code (§ 53646(b)) requires that, when the treasurer or the chief fiscal officer of a local agency renders to the legislative body of the agency a quarterly report on the agency's investment portfolio, such report shall include the following information regarding all securities, investments, and moneys held by the local agency: type of investment; issuer (bank or institution); i> date of maturity; dollar amount invested; and i� current market valuation as of the date of the report. In addition, the Government Code (§ 53646(b)(2)) requires that the report state the City's compliance with its investment policy and include a statement regarding the ability of the local agency to meet its pool's ability to meet its expenditure requirements Code (§ 53646(b)(3)). OVERVIEW OF CITY INVESTMENTS The City's pooled investment portfolio balance as of March 31, 2017 is summarized below and compared to the balance as of March 31, 2016. While the balance has decreased, the portfolio's returns have been positive over the period. The reduction in value is the result of cumulative withdrawals over the period exceeding deposits by $3,550,000. 3/31/2017 3/31/2016 Book Value 1 $ 58,197,031 _ $ 61,457,949 Market Value 2 $ 58,247,197 3 $ 61,645,022 (1) actual cost of investments (2) amount at which the Investments could be sold (3) total includes deposits of $3,200,000 plus investment gains since 12/31/2016 The California Treasurer's Local Agency Investment Fund ("LAIF") and The County of San Diego Pooled Money Fund comprise 61.07% of the City of National City's total investment portfolio (52.35% and 8.72%, respectively). These are liquid investment pools that allow participants to earn market rate returns, while retaining access to funds within 24 to 48 hours of a 258 of 443 Page 2 Staff Report: Inveshnent Report for the quarter ended March 31, 2017. June 6, 2017 withdrawal request with no penalty. The remainder of the City's portfolio is composed of investments that may be liquidated at any time. However, these investments likely do not provide the short liquidity (i,e., quick access to funds) of the pooled money funds, and liquidation/withdrawal of these investments is at the risk of loss andfor penalty to the City. Summaries of the City's investment portfolio are illustrated below. INVESTMENT PORTFOLIO SUMMARY BY ISSUER/MANAGER As of March 31, 2017 Issuer/Manager Local Agency Inmestment Fund Chandler Asset Management County of San Diego Totals for March 2017 Book Value 30,456,448 22,615,420 5,125,163 58,197,031 Total Market % of Market Value1 YTM Portfolio $ 30,491,428 : 0.62% 52.35% $ 22,676,169 1.29% 38.93% $ 5,084,400 1.21% 8.72% 58,247,197 100.00% 1 Includes accrued interest 2 calculated on 30/360 basis; includes LAW participation factor of 66.999175951 TOTAL MARKET VALUE $58,247,197 County of San Diego $5,080,000 Chandler Asset Management $22,676,169 Local Agency Investment Fund $30,491.028 259 of 443 Page 3 Staff Report: Investment Report for the quarter ended March 31, 2017. June 6, 2017 Issuer/Manager [Local Agency In4Bstmennt Fund $ 27,240,772 $ 30 491 028 . $ 3,250,258 2: 0.20% 0.79% f Chandler Asset Management • 22,614,e31 I • 22 676169 $ _ 61 338 0.30% _ N. County of San DIa90 5,054,000 5,084,000 $ 26,000 0,26%` 1.03%, Totals for March 31, 2017 . $ 54,909,803 ' € $ 58,247.197 . $ 3,337,594 ; 0,75%i 1.81% INVESTMENT PERFORMANCE BY ISSUER/MANAGER For the Quarter Ended March 31, 2017 Total Market Value' • 12131116 I 3131117 Yleld Chan e ; ' Period Return (Net)' ' includes accrued Interest z Deposit 1/19/17 $6,000,000 & 3/28117 &700,000. Withdrawals 3/3/17 S2,000,000, & 3/21/1 / S1,500,000 3 Annualized COMPLIANCE STATEMENT All of the City's investments arc in compliance with the City's investment policy (City Council Policy No. 203) and the California Government Code (§ 53601 et seq). FINANCIAL STATEMENT Realized and unrealized gains/(losses) for the period, reflected below, were $94,635. These changes include changes in security market values, gain/(loss) from the sale of assets, accrued interest, and reinvested interest/earnings. Issuer/Manager Gain/(Loss) Chandler Asset Management _i - 21,900 County of San Diego 13,058 LAIF 59,678 Totals for March 31, 2017 ' $ 94,635 The difference between the changes reflected in the previous two tables is attributable to the purchase and sale of securities for which the first of the tables accounts but the second table typically does not (unless an investment is sold before maturity). STAFF CERTIFICATION Staff certifies that there are sufficient funds to meet the pool's expenditure requirements. RECOMMENDATIONS Accept and file the Investment Report for the quarter ended March 31, 2017. 260 of 443 LAIF Regular Monthly Statement Page 1 of 1 Local Agency Investment Fund P.O. Box 942809 Sacramento, CA 94209-0001 (916) 653-3001 CITY OF NATIONAL CITY FINANCE DIRE4 1OR 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4397 2MIA Averawe Monthly Yields Account Number: 98-37-576 T ran Type Definitions Effective Transaction Tram Confirm Bute bats Type Number Authorized Ca1kr 3t3/2017 31112017 RW 1530157 JAVIERCARCAMO 3/21/2017 3I21f2017 RW 1531215 JAVIERCARCAMO 3/28/20I7 3/28/2017 RD 1531709 JAVIER CARCAMO Account Summary Total Deposit: Total Withdrawal: 700,000.00 Beginning Balance: -1,500,000.00 Ending Balance: Amount -2,000.000,00 -1,500,000.00 700,000,00 wimy,trcasurer.ca.gov/proia-laifilalf,a-515 April 18, 2017 March 2017 Statement 33,256,448.12 30.456 448.12 https://laifms.treasurer.ca.gav/RegularStater 261 of 443 4/18/2017 LAIF Regular Monthly Statement Page I of 1 Local Agency Investment Fund P.O. Box 942309 Sacramento, CA 94209-0001 (916) 653-3001 CITY OF NATIONAL CITY FINANCE DIRECTOR 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950.4397 Account Summary Toted Deposit: Total Withdrawal: galiA Averaet Monthly Yields Account Number: 98-37-576 Trait Type Definitions 0.00 Beginning Balance: 0.00 Ending Balance: www.treasprer.ca.govlomia-laifllai;.asa Marc') 16, 2017 February 2017 Statement 33,256,448.12 33,256,448.12 https://Iaifn s.treasurer.Ca.gov/RegularState 262 of 443 3/16/2017 LAIF Regular Monthly Statement Page 1 of 1 Local Agency Investment Fund P.O. Box 942809 Sacramento, CA 94209-0001 (916)653-3001 CITY OF NATIONAL CITY FINANCE DIRECTOR 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4397 ?MIA Average Monthly Yields Account Number. 98-37-576 Tran Type Definitj s Effective Tnmsction Tran Confirm Date Date Type Number Authorized Caller 1/1312017 1/12/2017 QRD 1526551 SYSTEM 1/20/1A17 1/19/2017 RD 1527266 JAVIERCARCAMO Agiount Summary Total Deposit; 6,049,175.55 Beginning Balance: Total Withdrawal: 0.00 Ending Balance: Amount 49,175.55 6,000,000.00 wy w_treasurer.cs.Eov/ w a-iaif/1aif.asu February 23, 2017 January 2017 Statement 27,207,272.57 33,256,44S_12 https://laifm s.treasurer, ca, gov/RegularStater 263 of 443 2/23/2017 Untitled Page Page 1 of 1 BETTY T. YEE California State Controller LOCAL AGENCY INVESTMENT FUND REMITTANCE ADVICE Agency Name Account Number NATIONAL CITY 98-37-576 As of 04/14/2017, your Local Agency Investment Fund account has been directly credited with the interest earned on your deposits for the quarter ending 03/31/2017. Earnings Ratio Interest Rate Dollar Day Total Quarter End Principal Balance Quarterly Interest Earned .00002126194403179 0,78% 2,806,790,224.20 30,456,448.12 59,677.82 http://laif. sco .ca.gov/Re sult.aspx 264 of 443 4/18/2017 1* 1* 1* 2" 2* 2* 2` 1* 1* 4wasr.,F_ State of California .- 1_ �_ 9t; Pooled Money Investment Account _q 110, 6. Market Valuation A,,ry� la 11aUiUlty- 3/31 /2017 Description Carrying Cost Plus Accrued Interest Porch. Amortized Cost Pair Value _ Accrued Interest United States Treasury: Bills $ 11,529,529,518.46 $ 11,555,331,831.40 $ 11,547,993,500.00 NA Notes $ 19,784,669,253.72 $ 19,783,508,723.77 $ 19,749,210,500.00 $ 33,930,754.00 I Federal Agency: SBA $ 866,949,257.52 $ 866,912,128.47 $ 858,953,922.79 $ 729,325.65 MBS-REMICs $ 44,788,917.08 $ 44,788,917.08 $ 47,053,192.13 $ 211,005.30 Debentures $ 949,997,076.07 $ 949,997,076.07 $ 946,506,000.00 $ 1,591,535.50 Debentures FR $ - $ - $ - $ - Discount Notes $ 7,768,611,458.36 $ 7;782,989,930.58 $ 7,780,400,000.00 NA GNMA $ - $ - $ - $ - Supranationai Debentures $ 299,965,313.04 $ 299,965,313.04 $ 298,392,500.00 $ 492,013.50 Supranationai Debentures FR $ 50,000,000.00 $ 50,000,000.00 $ 50,073,000.00 $ 121,526.17 CDs and YCDs FR $ 300,000,000.00 $ 300,000,000.00 $ 300,000,000.00 . $ 670,902.50 Bank Notes $ 600,000,000.00 $ 600,000,000.00 $ 599,607,935.89 $ 1,439,055.55 CDs and YCDs $ 10,550,000,000.00 $ 10,550,000,000.00 $ 10,547,089,360.14 $ 25,231,888.90 Commercial Paper $ 5,830,869,194.46 $ 5,839,554,041.75 $ 5,838,495,499.98 NA Corporate: Bonds FR $ - $ - , $ - $ - Bonds $ - $ - $ - $ - Repurchase Agreements $ - $ - $ - $ - Reverse Repurchase $ - $ - $ - $ - Time Deposits $ 5,480,740,000.00 $ 5,480,740,000.00 $ 5,480,740,000.00 NA AB 55 & GF Loans $ 7,824,657,000.00 $ 7,824,657,000.00 $ 7,824,657,000.00 NA TOTAL $ 71,880,776,988.71_ $ 71,928,444,962.16 $ 71,869,172,410.93- $ 64,418,007.07 Fair Value Including Accrued Interest ` Governmental Accounting Standards Board (GASB) Statement #72 Repurchase Agreements, Time Deposits, AB 55 & General Fund loans, and Reverse Repurchase agreements are carried at portfolio book value (carrying cost). $ 71,933,590,418.00 The value of each participating dollar equals the fair value divided by the amortized cost(0.999175951). As an example: if an agency has an account balance of $20,000,000,00, then the agency would report participation in the LAIF valued at $19,983,519.02 or $20,000,000.00 x0.999175951. 265 of 443 CAI CHANDLER ",SL. I L-;,_, r.. Li 1 I'.1 Monthly Account Statement City of National City March 1, 2017 through March 31, 2017 Chandler Team For questions about your account, please call (800) 317-4747 or Email operations@chandlerasset.com Custodian Bank of New York Mellon Lauren Dehner (904)645-1918 Information contained herein is confidential. We urge you to compare this statement to the one you receive from your qualified custodian. Prices are provided by IDC, an independent pricing source. In the event IDC does not provide a price or if the price provided is not reflective of fair market value, Chandler will obtain pricing from an alternative approved third party pricing source in accordance with our written valuation policy and procedures. Our valuation procedures are also disclosed in Item 5 of our Form ADV Part 2A. 6225 Lusk Boulevard l Sao Diego, CA 92121 l Phone 800.317,4747 l Fax 858.546,3741 l www.chandlorasset,00m 1766 of 443 City of National City Account #10162 Portfolio Summary As of 3/31/2017 PO TFOLI47CHAR,i Aleut CCS ACCO NT: tMM .v 314p:SuERS Average Duration Average Coupon Average Purchase YTM Average Market YTM Average S&P/Moody Rating Average Final Maturity Average Life 1.68 1.16 % 1.22 1.29 AA+/Aaa 1.72 yrs 1.72 yrs Market Value Accrued Interest Total Market Value Income Earned ContJWD Par Book Value Cost Value Beg Values End Values as of 2/28/17 as of 3/31/17 22,601,609 22,611,335 65,643 64,835 22,667,253 22,676,169 21,002 21,900 -1,677 22,653,839 22,680,825 22,597,776 22,615,420 22,597,776 22,615,420 Issuer % Portfolio Government of United States 31.1 Federal National Mortgage Assoc 18.7 Federal Home Loan Bank 17.5 % Federal Home Loan Mortgage Corp 12.2 % Federal Farm Credit Bank 8.6 % Intl Bank Recon and Development 2.0 Berkshire Hathaway 1.3 % Apple Inc 1.2 % 92.6 % MATURITY DISTRIBUTION US Corporate (9.8 %) Money Market Fund FI (0.1 %) US Treasury (31.1 96) Suprenationel (2.0 %) 35% 30% 25% 20% 1596 10% 5% % B.4 % 4.7 % tl - .25 r. 19.3 % 301 % 20.4 % 12.0 % 2-3 3•# 45 5. Maturity (Yrs) AA (92.9 %) AAA ``A- (2.7 %) 'A (4.4 %) Total Rate of Return As of 3/31/2017 Current Month Latest Year 3 Months To Date 1 Yr Annualized 3Yrs 5Yrs 10Yrs Since 2/29/2012 2/29/2012 City of National City 0.05 % 0.30 % 0.30 % 0.37 % 0.82 % 0.71 % N/A 0.69 % 3.58 % BAML 1-3 Yr US Treasury/Agency Index 0.03 % 0.26 % 0.26 % 0.26 ° 0.73 ° 0.65 % N/A 0.63 % 3.22 %o BAML 1-3 Yr US Corporate/Govt Rated AAA -A Index 0.04 % 0.34 % 0.34 % 0.47 % 0.86 % 0.84 % N/A 0.83 % 4.30 Chandler Asset Management - CONFIDENTIAL 267 of 443 Execution Time: 4/3/2{117 5:33:55 PM City of National City March 31, 2017 COMPLIANCE WITH INVESTMENT POLICY Assets managed by Chandler Asset Management are in full compliance with State law and with the City's investment policy. Category Standard Comment Municipal Securities BBB rated equivalent by a NRSRO or 4th highest general classification by a NRSRO; 30% maximum Complies Treasury Issues No Limitation Complies Agency Issues No Limitation Complies Supranationals "AA" rated or higher by a NRSRO; 30% maximum; U.S. dollar denominated; Issued by: IBRD, IFC, iADB Complies Banker's Acceptances "A-1" rated or higher by at least two NRSROs; and "A' rated long term debt by two NRSROs; 40% maximum; 180 days max maturity; Complies Commercial Paper* "A-1" rated or higher by at least two NRSROs; and "A" rated long term debt by two NRSROs; 25% maximum; 270 days max maturity; Complies FDIC insured Time Deposits/ Certificates of Deposit Amount per institution limited to the max covered under FDIC; 20% maximum combined certificates of de•osit includin• CDARS Complies Negotiable Certificates of Deposit* "A" rated or higher by at least two NRSROs; and/or have short term debt rated "A1" or hie her b at least two NRSROs• 30% maximum Complies Medium Term Notes* "A" rated or better by at least two NRSROs; 30% maximum; issued by co •orations or.anized and o•eratin• within the U.S. Complies *Combined exposure 10% combined total exposure to Commercial Paper, Negotiable Certificates of Deposit, and Medium Term Notes Complies Money Market Mutual Funds AAA rated or equivalent by at least two NRSROs; 20% maximum; SEC registered with assets under management in excess of $500 million Complies Mortgage Pass-throughs, CMOs and Asset Backed Securities "AA" rated or better by two NRSROS; "A" rated or higher for the issuer's debt b two NRSROs' 20% maximum Complies Local Agency Investment Fund - LAiF maximum LAIF program; Currently not used by investment adviser Complies Prohibited Securities Inverse floaters; Ranges notes; Interest -only strips from mortgaged backed securities; Zero interest accrual securities; Reverse Repurchase Agreements; Foreign currency denominated sec Complies Callable Securities 20% maximum (does not include "make whole call" securities) Complies Maximum Issuer 5% max (except US Government, its agencies and enterprises) Complies Maximum maturity 5 years Complies 268 of 443 CA%1 City of National City Account #10162 Income Earned 2/28/17 Thru 3/31/17 C(/SIP Security I7eecniptron Trade Dale Book Value. Begin prior Accnted Settle Date Book Value ACq Inc. Received Units Book Value. alsp Ending Accru2d Hook Value! End Tota.I fnthre8t ilccr CH Discount Amor!, Ot Pram iurn ' I AcatM! Ar i rt Unarm -is F-arned unreal G/L Total Incem Fixed Income 037833AQ3 Apple Inc Note 2.1% Due 05/06/2019 05/04/2016 05/09/2016 270,000.00 276,928.20 0.00 0.00 276,928.20 1,811.25 0.00 2,263.75 472.50 0.00 0.00 0.00 472.50 0.00 472.50 084870BL1 Berkshire Hathaway Note 2.1% Due 08/14/2019 287,815.80 282.63 0.00 01/26/2017 0.00 0.00 0.00 01/31/2017 0.00 781.38 0.00 285,000.00 287,815.80 498.75 498.75 0.00 498.75 186764AA8 Chevron Corp Callable Note Cont 11/5/17 1.104% Due 12/05/2017 259,703.60 685.71 0.00 05/19/2014 0.00 0.00 0.00 0$/22/2014 0.00 924.91 0.00 260,000.00 259,703.60 239.20 239.20 0.00 239.20 3130A4GJ5 FHLB Note 1.125% Due 04/25/2018 451,689.00 1,771.88 0.00 Various 0.00 0.00 0.00 Various 0.00 2,193.75 0.00 450,000.00 451,689,00 421.87 421.87 0.00 421.87 3130A7CV5 FHLB Note 1,375% Due 02/18/2021 10/13/2016 10/14/2016 490,000.00 490,960.40 u.u0 0.00 490,960.40 243.30 u.Ul1 804.76 561.46 0.00 0.00 0.00 561.46 0.00 561.46 3130A8PK3 FHLB Note 0.625% Due 08/07/2018 08/30/2016 08/31/2016 455,000.00 452,684.05 0.00 0.00 452,684.05 189.58 0.00 426.56 236.98 0.00 0.00 0.00 236.98 0.00 236.98 3130AABG2 FHLB Note 1.875% Due 11/29/2021 03/08/2017 03/09/2017 565,000.00 0.00 559,044.90 0.00 559, 044.90 0.00 (2,913.28) 3,560.68 647.40 0.00 0.00 0.00 847.40 0.00 847.40 3133782M2 FHLB Note 1.5% Due 03/08/2019 443,207.60 3,171.67 0.00 05/28/2015 0.00 3,30C.00 0.00 05/29/2015 0.00 421.67 0.00 440,000.00 443,207.60 550.00 550.00 0.00 550.00 313378A43 FHLB Note 1.375% Due 03/09/2018 464,472.80 3,087.64 0.u0 09/17/2013 0.00 3,231.25 0.00 09/18/2013 0.00 394.93 0.00 470,000.00 464,472.80 538.54 538.54 0.00 538.54 313379DD8 FHLB Note 1 % Due 06/21/2017 566,553.75 1,098.61 0.00 03/14/2014 0.00 C.00 u.u0 03/17/2014 0.00 1,569.44 0.00 565,000.00 566,553.75 470.83 470.83 0.00 470.83 Chandler Asset Management - CONFIDENTIAL 269 of 443 Execution Time: 4/3/2017 8:33:58 PM CM City of National City Account #10162 Income Earned 2/28/17 Thru 3/31/17 TrwIe Date Scttre hate Units CLi5IP Security'3escripliori Book Value' 'Begin Book Voido_ Aeq Book Votaic: Ols..p Busk VaIuu.End Prior AL' e.n++ rt IIIC. RIC+Jivcrt Entkiny A>:cruert Total Interest ACC,'" Dp T}iscattnt Artiort, OF Premium ActretiArnart Income Eared Undeei G/L Total IrYe4nle 313380938 FHLB Note 1.375% Due 09/13/2019 Various Various 540,000.00 536,816.60 0.00 0.00 536,816.60 3,465 00 3,712.50 371.25 618.75 0.00 0.00 0.00 618.75 0.00 618.75 3133EEJ50 FFCB Note 1.03% Due 05/11/2018 05/05/2015 05/11/2015 450,000.00 449,145.00 0.00 0.00 449,145.00 1,416.25 0.00 1,802.50 386.25 0-00 0.00 0.00 386.25 0.00 386.25 3133EFAN7 FFCB Note 0.75% Due 04/24/2017 09/23/2015 09/24/2015 550,000.00 551,045.00 0.00 0.00 551,045.00 1,455.21 0.00 1,798.96 343.75 0.00 0.00 0.00 343.75 0,00 343.75 3133EFSJ7 FFCB Note 1.3% Due 12/14/2018 549,279.50 1,529.31 0.00 12/10/2015 0.00 0 00 0.00 12/14/2015 0.00 2,125.14 0.00 550,000.00 549,279.50 595.83 595.83 0.00 595.83 3133EFW52 FFCB Note 1.15% Due 07/01/2019 401,956.00 766.67 6.00 04/08/2016 0.00 0.00 0.00 04/11 /2016 0.00 1:150.00 0.00 400,000.00 401,956,00 383.33 383.33 0.00 383.33 3135GOD75 FNMA Note 1.5% Due 06/22/2020 12/17/2015 12/21/2015 575,000.00 568,778.50 0.00 0.00 568,778.50 1,653.13 0.00 2,371.88 718.75 0.00 0.00 0.00 718.75 0.00 718.75 3135G0E33 FNMA Note 1.125% Due 07/20/2018 449,689.56 576.56 0.00 Various 0.00 0.00 0.00 Various 0.00 998.44 0.00 450,000.00 443,689.56 421.88 421.88 0.00 421.88 3135G0E58 FNMA Note 1.125% Due 10/19/2018 397,010,55 1,829.38 0.00 09/14/2018 0.00 0.00 0.00 09/15/2016 0.00 1,999.69 0.00 395,000.00 337,010.55 370.31 370.31 0.00 370.31 3135G0MZ3 FNMA Note 0.875% Due 08/28/2017 08/15/2013 08/20/2013 545,000.00 535,429.80 0.00 0.00 535,429.80 33.74 0.00 437.14 397.40 0.00 0.00 0.00 397.40 0.00 397.40 3135G0N82 FNMA Note 1.25% Due 08/17/2021 425,444.80 213.89 0.00 01 /26/2017 0.00 0.00 0.00 01 /31 /2017 0.00 672.22 0.00 440,000.00 425,444.80 458.33 458.33 0.00 458.33 3135G0RT2 FNMA Note 0.875% Due 12/20/2017 350,044.80 603.99 0.00 07/31/2015 0.00 0.00 0.00 07/31/2015 0.00 859.20 0.00 350,000.00 350,044.80 255.21 255.21 0.00 255.21 Chandler Asset Management - CONFIDENTIAL 270 of 443 Execution Time: 4/3/2017 8:33:58 PM reAlkI City of National City Account#10162 Income Earned 2/28/17 Thru 3/31/17 Trade Date Settle Gale CUStP Security Desc ption Book Value: Begin Book, Value: Aix; nook Value: ❑Ssp Book Value. Erni Prior Accrveri Prim {ieCINVur) Ending Actor Ili] d TotoI Irtturl a[ Accr t]t Discount Arrlort_ Or Premium Nat Acr;ratlAtnort Income -famed Unreal G/L Total Income 3135G0TG8 FNMA Note 0.875% Due 02/08/2018 12/11/2013 12/12/2013 590,000.00 579,757.60 0.00 0.00 579,757.60 329.83 0.00 760.03 430.20 0.00 0.00 0.00 430.20 0.00 430.20 3135G0WJ8 FNMA Note 0.875% Due 05/21/2016 447,472.80 05/05/2015 0.00 05/06/2015 0.00 450,000,00 447,472.80 1,093.75 0.00 1,421.88 328.13 0.00 0.00 0.00 328.13 0.00 328.13 3135G0YT4 FNMA Note 1.625% Due 11/27/2018 08/31/2015 08/31/2015 440,000.00 446,141.96 0.00 0.00 446,141.96 1,866.94 0.00 2,462.78 595.84 0.00 0.00 0.00 595.84 0.00 595.84 3137EADCO FHLMC Note Due 03/08/2017 538,386.55 2,570.97 0.00 08/20/2012 0.00 2,675.00 0.00 08/21/2012 538,386.55 0.00 0.00 0.00 0.00 104.03 104.03 0.00 104.03 3137EADK2 FHLMC Note 1.25% Due 08/01/2019 446,149.35 468,75 0.00 05/05/2015 0.00 0.00 0.00 05/06/2015 0.00 937.50 0.00 450,000.00 446,149.35 468.75 468,75 C.00 468.75 3137EADLO FHLMC Note 1% Due 09/29/2017 527,709,00 2,216.67 0.00 09/23/2015 0.00 2,625.00 0.00 09/24/2015 0.00 29.17 0.00 525,000.00 527,709.00 437.50 437.50 0.00 437.50 3137EADM8 FHLMC Note 1.25% Due 10/02/2019 05/05/2015 05/06/2015 450,000,00 444,822.75 0.00 0.00 444,822.75 2,328.13 0.00 2,796.88 468.75 0.00 0.00 0.00 468.75 0.00 468.75 3137EADN6 FHLMC Note 0.75% Due 01/12/2018 480,954.59 500.21 0.00 07/28/2014 0.00 0.00 0.00 07/29/2014 0.00 806.46 0.00 490,000.00 480,954.59 306.25 306.25 0.00 306.25 3137EADP1 FHLMC Note 0.875% Due 03/07/2018 397,552.00 1,691.67 0.00 02/26/2015 0.00 1,750.00 0.00 02/27/2015 0.00 233.33 0.00 400,000.00 397,552.00 291.66 291.66 0,00 291.66 3137EADR7 FHLMC Note 1.375% Due 05/01/2020 450,332.60 2,085.42 0.00 08/24/2016 0.00 0.00 0.00 08/25/2016 0.00 2,606.77 0.00 455,000.00 480,332.60 521.35 521.35 0.00 521.35 36962G6K5 General Electric Capital Corp Note 1.6% Due 11/20/2017 11/24/2014 11/28/2014 270,000,00 272,208.60 0.00 0.00 272,208.60 1,212.00 0.00 1,572.00 360.00 0.00 0.00 0.00 363,00 0.00 360.00 Chandler Asset Management - CONFIDENTIAL 271 of 443 Execution Time: 4/3/2017 3:33:58 PM City of National City Account #10162 Income Earned 2/28/17 Thru 3/31/17 C ILI$IP Security Cescr6pt'on Trade Date Book Value: Begin Prior Accrued Aeon Of Discount 5attfa Date- Book Acq Inc. Received API art OrlremJuni Units Book Value: 0isp $ndin9 Accrued Net Accret+Amort Book Vakue: End Total Interest Income Earner) 459055Ei i) Intl. Bank Recoil & Development Note 1% Due 10/05/2018 03/30/2016 03/31 /2016 450,000.00 449,667.00 0.00 0.00 449,667.00 1,825.00 0.00 2,200.00 375.00 0.00 0.00 0.00 375.00 Unreal GI Total lncone } 0.00 375.00 594918BF0 Microsoft Note 1.3% Due 11 /03/2018 10/29/2015 11/03/2015 130,000.00 129,870.00 0.00 0.00 129,870.00 553.94 0.00 694.78 140.84 0.00 0.00 0.00 140.84 0.00 140.84 747525AG8 Qualcomm Inc Note 1.4% Due 05/18/2018 219,205.80 864.11 0.00 06/16/2015 0.00 0.00 0.00 06/19/2015 0.00 1,120.78 0.00 220,000.00 219,205.80 256.67 256.67 0.00 256.67 808513AK1 Charles Schwab Corp Callable Note Cont 2/10/2018 1.5% Due 03/10/2018 251,547.50 1,781.25 0.00 04/07/2015 0.00 1,875.00 0.00 04/10/2015 0.00 218.75 0.00 250,000.00 251,547.50 312.50 312,50 0.00 312.50 91159HH05 US Bancorp Callable Note Cont 4/15/2017 1,65% Due 05/15/2017 254,227.50 1,214.56 0.00 05/19/2014 0.00 0.00 0,00 05/22/2014 0.00 1,558.33 0,00 250,000.00 254,227.50 343.75 343.75 0.00 343.75 912828L32 US Treasury Note 1.375% Due 08/31/2020 242,475.80 8.97 0.00 06/30/2016 0.00 0.00 0.00 08/31/2016 0.00 286.96 0.00 240,000.00 242,475.80 277.99 277.99 0.00 277.99 912828L40 US Treasury Note 1% Due 09/15/2018 10/29/2015 11/02/2015 450,000.00 449,667.52 0.00 0.00 449,667.52 2,075.97 2,250.00 207,88 381.91 0.00 0.00 0.00 381.91 0.00 381.91 912828M98 US Treasury Note 1,625% Due 11/30/2020 11/29/2016 11/30/2016 570,000.00 568,331.99 0.00 0.00 568,331.99 2,315.63 0.00 3,104.46 788.83 0.00 0.00 0.00 788.83 0.00 788.83 912828543 US Treasury Note 0.75% Due 07/15/2019 434,780.56 08/01/2016 0.00 08/02/2016 0.00 435,000.00 434,780.56 405,56 0,00 684.94 279.38 0.00 0.00 0.00 279.38 0.00 278.38 9128283D3 US Treasury Note 1.25% Due 01/31/2019 401,095.09 04/29/2015 0.00 04/30/2015 0.00 400,000.00 461,095.09 400.55 0.00 828.73 428.18 0.00 0.00 0.01) 428.18 0.00 428.18 912828ST$ US Treasury Note 1.25% Due 04/30/2019 449,676.31 Various 0.00 Various 0.00 450,000.00 449,676.31 1,880.18 0.00 2,361.88 481.70 0.00 0.00 0.00 481.70 0.00 481.70 Chandler Asset Management - CONFIDENTIAL 272 of 443 Execution Time: 413/2017 B:33:58 PM IAof National City Account #101 B2 Income Earned 2/28/17 Thru 3/31/17 CUSIP Secttrlty Dasicrlpth n Trade Date Bonk valet:. neslo Ettlo Date Book. Value: A,.cr Unite Book Value: DI Book V 3raue: End Prior Accrued' Inc. ReEuivetf Lotting Accrued total Interest Arcr, Of Drscotrrit Arnort. OF Pre rriru.in kla At-octet/Arm oft inCDrrtt! Earned Unreal - Total Income 912828SY7 US Treasury Note 0.625% Due 05/31 /2017 03/14/2014 03/17/2014 500,000.00 486,290.74 0.00 0.00 496,290.74 781.25 0.00 1,047,39 266.14 0.00 0.00 0.00 266.14 0.00 286.14 912828TN3 US Treasury Note 0.875% Due 07/31/2019 03/30/2016 03/31/2016 400,000.00 398,204.46 0.00 0.00 398,204.46 280.39 0.00 580.11 299.72 0.00 0.00 0.00 299.72 0.00 299.72 912828TW0 US Treasury Note 0.75% Due 10/31/2017 500,138.39 1,253,45 0.00 02/16/2016 0.00 0.00 0.00 02/17/2016 0.00 1,574.59 0.00 500,000.00 500,138.39 321,14 321,14 0.00 321.14 912828UB4 US Treasury Note 1% Due 11/30/2019 10/29/2015 11/02/2015 450,000.00 443,181.20 0.00 0.00 443,181.20 1,125.00 0.00 1,508.24 383.24 0.00 0.00 0.00 383.24 0.00 383.24 912828UL2 US Treasury Note 1.375% Due 01/31/2020 489,312.58 539.74 0.00 12/08/2016 0.00 0.00 0.00 12/09/2016 0.00 1,116.71 0.00 490,000.00 489,312,58 576.97 576.97 0.00 576.97 912828UU2 US Treasury Note 0.75% Due 03/31/2018 510,637.68 1,628.57 0.00 09/03/2014 0.00 1,950.00 0.00 09/04/2014 0.00 10.66 0.00 520,000,00 510,837.66 332.09 332.09 0.00 332.09 912828UV0 US Treasury Note 1.125% Due 03/31/2020 398,423.22 1,879.12 0.00 05/25/2016 0.00 2,250.00 0.00 05/27/2016 0.00 12.30 0.00 400,000.00 398,423.22 383.18 383.18 0.00 383.18 912828UZ1 US Treasury Note 0.625% Due 04/30/2018 411,180.30 866.97 0.00 Various 0.00 0.00 0.00 Various 0.00 1,089.09 0.00 415,000.00 411,180.30 222.12 222.12 0.00 222,12 912828VK3 US Treasury Note 1.375% Due 06/30/2018 402,954.47 911.60 0.00 02/26/2015 0.00 0.00 0.00 02/27/2015 0.00 1 382.60 0.00 400,000.00 402,954.47 471.00 471.00 0.00 471.00 912828XK1 US Treasury Note 0.875% Due 07/15/2018 448,560,10 489.47 07/31/2015 0.00 0.00 07/31/2015 0.00 826.66 450,000.00 448,560,10 337.19 0.00 0.00 0.00 337.19 0.00 337.19 949748FG0 Wells Fargo Corp Note 1.5% Due 01/16/2018 269,365.50 506.25 11/24/2014 0.00 0.00 11/28/2014 0.00 843.75 270,000.00 269,365.50 337.50 0.00 0.00 0.00 337.50 0.00 337.50 Chandler Asset Management - CONFIDENTIAL 273 of 443 Execution T1me: 4/3/2017 8:33:58 PM :r 7 , City of National City Account #10162 Income Earned 2/28/17 Thru 3/31/17 CLJ51P Securlly Ocncrlplron Trade Date Book 147110 , Begin Prior Accrued Settle Date 5onk V&u4i Acq IrS _ Received Units Book 0lsp Fndrng Accrued 5aok Vic Enr.1 rota! Interest Acer. 01 0i taLrnt A1910rt Of Prdrtrruirr bier AccrcitfAim ri Income, Earned Urtreffl G L Total Income TOTAL Fixed Income 22,855,000.00 22,568,936.82 559,044.90 538,386.55 22,589,595.17 65,843.2as 22,705.47 64,834.64 21,896.82 0.00 0.00 0.00 21,896.82 0.00 21,896.82 Cash & Equivalent 60934N807 Federated Investors Govt Oblig Fund Inst. 28,838.71 Various 560,621.80 Various 583,635,28 25,825.23 25,825.23 0.00 3.05 0.00 3.05 0.00 0.00 0.00 3.05 0.00 3.05 TOTAL Cash & Equivalent 25,825.23 28,838.71 560,621.80 563,635.28 25,825.23 0.00 0.00 3.05 0.00 0.00 0.00 3.05 3.05 0.00 3.05 -4s 22,597,775.53 1,119,666.70 1,102,021.83 TOTAL PORTFOLIO 22,680,825.23 22,615,420.40 65,643.29 0.00 22,708.52 0.00 64,834.64 0.00 21,899.87 21,899.87 0.00 21,899.87 Chandler Asset Management - CONFIDENTIAL 274 of 443 Execution Time: 4/3/2017 5:33:58 PM r q i COUNTY OnAN 'D E60 1N ESTMENT POOL TREASURY INSTMENT RESULTS MAR 2017 County! of San Diego Treasurer -Talc Collector 11600 Pacific Hwy, San Diego, CA92101 I www.sdttc.com 275 of 443 SUMMARY PORTFOLIO STATISTICS Asset Backed Secuities CDARS Collateralized CDs Commercial Paper Disc FDIC GDs Federal Agency -Step Up Federal Agency Amer Callable Federal Agency Bern Callable Federal Agency Coupon Securities Federal Agency Euro Callable Money Market Accounts Negotiable CDs Repurchase Agreements Supranational Callable Supranationals Treasury Coupon Securities Totals for March 2017 Totals for February 2017 Change From Prior Month Portfolio Effective Duration Book Value Market Value County of San Diego Pooled Money Fund As of March 31, 2017 `Yo of Market Par Value Book Value Market Value Portfolio Pike 169,161,282 169,137,836 168,896,062 1.89 99.843 10,000,000 10,000,000 10,000,000 0.11 100.000 45,000,000 45,000,000 45,000,000 0.50 100.000 2,004,000,000 1,998,260,534 1,991,795,575 22.36 99.391 849,500 849,500 843,500 0.01 100.000 410,945,000 410,945,000 406,388,527 4.60 98.891 50,000,000 50,000,000 49,826,500 0.56 99.653 429,535,000 429,486,859 427,658,630 4.81 99.563 1,065,000,000 1,067,430,257 1,080,526,360 12.17 99.635 521,870,000 521,869,873 517,714,669 5.84 99.204 302,950,000 302,950,000 302,950,000 3.39 100.000 2,538,500,000 2,538,500,000 2,538,500,000 28.41 100.000 0.00 0.000 181,350,000 161,341,575 179,623,750 2.03 99.048 319,500,000 318,308,828 316,513,780 356 99.068 869 000 000 872,128,230 869,088,740 9.76 100.011 5,937,060,782 8,936,208,492 8,995,712,073 100.00 99.644 Accrued Unrealized WAM WAC 'tTM 'rTN Interest Gain/Loss 866 -. 1.248 1,248 83,109 (241,774) 51 - 0.644 0.644 6,592 166 - 0,816 0.816 15,030 - 84 - 1.213 1.213 - (6,464,959) 158 - 0.695 0.695 681 1,655 58 2.001 1,554 1,195,414 (4,556,473) 716 75 1.290 1.290 23,333 (173,500) 785 65 1.318 1.318 1,452,594 (1,628,229) 733 46 1.192 1.192 4,168,278 (6,503,896) 903 164 1.307 1.307 1,506,312 (4,155,205) 1 - 0.605 0.605 46,349 - 97 - 1.174 1.174 8,473,536 0 - 0.000 0,000 - 916 83 1.225 1.225 605,957 (1,717,825) 641 1,206 1,206 867,074 (1,795,068) 650 - 1.081 1.081 2,936,371 (3,059,490) 429 77 1.211 1.190 21,370,661 (30,498,410) 8,670,608,332 8,670,128,853 5,642,801,395 100.00 99.576 446 91 1.168 1.146 19,612,312 (27,327,455) 267,052,450 266,079,839 Monthly Return 0.099% 0.099% 0.94 years Annualized 1.161% 1.165% 262,910,678 Fiscal 'Year To Date Rehm 0.783% 0.784% Annualized 1.042% 1.044% (0.092) (17) (14) 0.043 0.044 1,768,349 (3,168,961) Calendar Year To Date Return Annualized 0.285% 1.157% 0.285% 1.160% Mote Yell io maturity (Mk) Is the estimated rate of return on a bond given its purchase price, assuming a1 coupon payments are made on a timely bash and reimeeted et this same rala of return to the rnuturay date. fwW 10 cal NTCj Is the estimated rate of return on a bond given Ile purchase pr co, assuming elcoupon payments are made on a timely basks end ramented at this lama rate of return lb the cap dela_ Yield la worst (1TYY) is me lesser of )(karts maturtry or yield to cal, relkrng the oprionalay of the bond issuer. ',Sdds tor the portfafa are agg,agatod based on the book value of each secuuzy. W hvesbrents hod duirg iha month of March 2017 'mere in compliance wl1Nthe investment Pokcydeted January 1, 2017_ 3 276 of 443 Page 1 of 2 or.GLOU45 CC.D Gan4xra1 L,%d7er Activit-- Rep3rt Run Date:04!0!7/17 Page: 1 of ^sport ParaNetars CUYren.%:, TTSD Fund LAY. : 44077 Fund High : 4107; nrg Lo.. Org High DeKt '.Count • %".C.u.nt High • P _ r i od E .1an7le T-p� . 2.tua1 OR;L0046 CGiD General Leiger Acti-it; R_port Run Date ^4/0f.'17 1C:33:13 Period MAR-17 Pag..: 2 cf- 2 erg FOT'RCE CATEGORY VALE DECCRIPTION LIETE ITE:1 ,:oURCE ITEiI GL DATE DEFITS CI.EDIT:, FUND 44077 NATIONAL CITY IN'ESTNENT FUND ACCOUNT : 10100 CASH IN TREASURY ACCOUNT : 3'4100 1TJND P'AIZANTE A"4ILL.ELE - A^.TTI L BASIS ACCOUNT - INTEREST RECEIPTS Feginning Bel+.n.�e 5,112,101-93 Total : Ending Balgn:e : Beginning Bal_nne Total : Ending PlIenec : Beginning Ealen.71g Tetr.1 : Ending 5:.1an,e Grand Total 0.00 5,112,104.03 0.00 5,030,049.s9 o,on 0,no 5,0'0,04D.09 22,0.5.5_24 0.0U 0.^0 0.00 0.T)0 file:///G:/FINANCElInvestments/County%20of"/o20San%20Di el 277 of 443 -03%2000SD General Ledger_Activity_R_O802... 5/22/2017 Page 2 of 2 ***Rol Of Report*" file:///G:/FINANCE/Investrnents/County%20of%20San%20Di 278 of 443 7-03%2000SD_General Ledger_ActivityR 0802... 5/22/2017 CC/CDC-HA Agenda 6/6/2017 — Page 279 The following page(s) contain the backup material for Agenda Item: Warrant Register #42 for the period of 04/ 12/ 17 through 04/ 18/ 17 in the amount of $1,199,110.67. (Finance) 279 of 443 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 6, 2017 AGENDA ITEM NO. ITEM TITLE: Warrant Register #42 for the period of 04/12/17 through 04/18/17 in the amount of $1,199,110.67. (Finance) PREPARED BY: J{. Apalategu( PHONE: 019-336-4572 EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 04/12/17 through 04/18/17. Consistent with Department of Finance, listed below are all payments above $50,000. DEPARTMENT: Financ Vendor City of San Diego Kimley Horn and Assoc Inc KTU&A Nimble Storage Inc Springboard CDFI Adminsure Inc FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $1,199,110.67. Check/Wire 328428 328457 328459 328469 328491 517989 Amount 58,084.00 79,912.91 106,488.79 154,381.31 417,400.00 98,493.29 APPROVED BY: Explanation Dispatching Services / Fire Euclid Avenue Project NC Downtown Specific Plan Data Storage Array / MIS First-time Homebuyer Program W/C Acct Replenishment March 2017 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 $1,199,110.67. BOARD 1 COMMISSION RECOMMENDATION: NIA; ATTACHMENTS: Warrant Register #42 Finance MIS 280 of 443 PAYEE ACADEMI TRAINING CENTER LLC ACE UNIFORMS & ACCESSORIES INC ALDEMCD ALL FRESH PRODUCTS ALPHA PROJECT FOR THE HOMELESS AUSTIN DOORS BINDERTEK BOTACH INC CASAS, LAURA E CHILDREN'S HOSPITAL CHILDREN'S HOSPITAL CITY OF SAN DIEGO CLEAN HARBORS CLEARS, INC. CLF WAREHOUSE COMMERCIAL AQUATIC SERVICE INC CPP PRINTING DANIELS TIRE SERVICE DELTA DENTAL DELTA DENTAL INSURANCE CO DEPT OF JUSTICE DIAZ, M EL LATINO NEWSPAPER ENTERPRISE FLEET MANAGEMENT ESGIL CORPORATION EXPERIAN EXPRESS PIPE AND SUPPLY CO INC FERGUSON ENTERPRISES INC FON JON PET CARE CENTER GARDNER & ASSOCIATES GOFFIGAN, D GOVCONNECTION INC GRAINGER GROSSMAN PSYCHOLOGICAL HANDY METAL MART HANSEN, D HEALTH NET INNOVATIVE CONSTRUCTION KAISER FOUNDATION HEALTH PLANS KIMLEY HORN AND ASSOC INC KONICA MINOLTA KTU&A LAKESHORE LEARNING MATERIALS LANGUAGE LINE SERVICES LASER SAVER INC LOPEZ, TERESA YOLANDA MASON'S SAW METRO AUTO PARTS DISTRIBUTOR MOTOROLA SOLUTIONS INC WARRANT REGISTER #42 4118/2017 DESCRIPTION RANGE USE / POLICE OFFICERS UNIFORMS 1 POLICE FOOD / NUTRITION CENTER FOOD / NUTRITION CENTER ALPHA PROJECT OUTREACH SERVICES / NSD SERVICE CALL - RELEASE LOCKS OF DOORS OFFICE SUPPLIES - BINDERS - CITY CLERK REMINGTON 870 GAUGE LESS LETHAL ORANGE/PD TRANSLATION SVCS 1 CITY CLERKS OFFICE SEXUAL ABUSE EXAMS / PD SEXUAL ABUSE EXAMS / PD DISPATCHING SERVICES / FIRE CONTRACT SERVICES 1 PW TRAINING TUITION NIBRSIFELIX & CAIVIARGO 1 PD MOP#80331 AUTO SUPPLIES 1 FLEET PW PURCHASE OF CHEMICAL POOL 1 PW MISSION STATEMENT CANVAS 1 PD MOP#76986 AUTO SUPPLIES / FLEET PW COBRA DENTAL INS/MAR 2017 COBRA DENTAL INS PMI / MAR 2017 FINGERPRINTING SERVICES 1 POLICE MILEAGE REIMBURSEMENT FOR TRAINING AD PUBLISHED FOR MISS NATIONAL CITY/ CSD LEASE ENTERPRISE FLEET VEHICLES PLAN CHECKS 1 FIRE CREDIT CHECK / POLICE CITY WIDE PLUMBING PARTS & MATERIALS / PW P �CP#45723 PIPE SUPPLIES /SEWER DIVISION MONTHLY BOARDING OF K9S / HD CUSTOM OVAL JR POLICE BADGES / PD MEDIC REIMBURSEMENT / FIRE LCD MONITOR MOUNT 1 POLICE KEY DUPLICATOR FOR FACILITIES DIV. PRE EMPLOYMENT PSYCH EXAMS / PD HINGE FOR FACILITY DOOR REIMBURSEMENTS FOR MEMBERSHIP & PRINTING HEALTH NET R11920JMAR 2017 DIVISION ST DIET PROJECT RETIREES INS - COBRA/MAR 2017 EUCLID AVENUE PROJECT COPIER EQUIPMENT LEASE / MARCH 2017 NC DOWNTOWN SPECIFIC PLAN CLASSROOM SUPPLIES FOR TINY TOTS PROGRAM LANGUAGE LINE INTERPRETATION SERVICES MOP 45725. SUPPLIES FOR FIRE DEPT TRANSLATION SERVICES -INTERPRETIVE SIGNS MOP#45729 SUPPLIES / STREETS PW MOP#75943 AUTO SUPPLIES 1 FLEET PW 800 MHZ RADIO" 1/3 CHK NO DATE AMOUNT 328417 4/18/17 2,400.00 328418 4/18/17 506.18 328419 4/18117 3,735.00 328420 4/18/17 1,031.14 328421 4/18/17 8,624.96 328422 4/18/17 325.00 328423 4/18/17 411.59 328424 4/18/17 310.00 328425 4/18/17 375.00 328426 4/18/17 1,542.00 328427 4/18/17 912.00 328428 4/18/17 58.084.00 328429 4/18/17 322.32 328430 4/18/17 100.00 328431 4/18/17 142.90 328432 4/18/17 2,010.73 328433 4/18/17 516.64 328434 4/18/17 74.32 328435 4/18/17 90.44 328436 4/18/17 104.94 328437 4/18/17 526.00 328438 4/18/17 37.98 328439 4/18/17 270.00 328440 4/18/17 14,485.57 328441 4/18/17 2,877.90 328442 4/18/17 65.90 328443 4/18117 213.74 328444 4/18/17 749.94 328445 4/18/17 105.00 328446 4/18/17 493.70 328447 4/18/17 217.00 328448 4/18/17 289.88 328449 4/18117 1,924.45 328450 4/18/17 1,500.00 328451 4/18/17 130.78 328452 4/18/17 245.85 328453 4/18/17 638.26 328455 4/18/17 33.856.00 328456 4/18/17 1,719.16 328457 4/18/17 79,912.91 328458 4/18/17 1,707.40 328459 4/18/17 106,488.79 328460 4/18/17 801.23 328461 4/18/17 62.41 328462 4/18/17 293.41 328463 4/18117 70.00 328464 4/18/17 154.77 328465 4/18/17 124.09 328466 4/18/17 23,018.14 281 of 443 PAYEE MUTHUSAMY, K NATIONAL CITY AUTO TRIM NIMBLE STORAGE INC O'REILLY AUTO PARTS PADRE JANITORIAL SUPPLIES PENSKE FORD POWERSTRIDE BATTERY CO INC PRO BUILD PRO BUILD PRUDENTIAL OVERALL SUPPLY RON BAKER CHEVROLET S D COUNTY SHERIFF'S DEPT SAN DIEGO PET SUPPLY SAN DIEGO UNION TRIBUNE SDG&E SEAPORT MEAT COMPANY SHEPHARD, 5 SHEPHARD, S SHINN, D SHRED IT USA SMART & FINAL SMART & FINAL SMART SOURCE OF CALIFORNIA LLC SO CAL TRUCK STOP SPRINGBOARD CDFI STAPLES BUSINESS ADVANTAGE STAPLES BUSINESS ADVANTAGE SUPERIOR READY MIX SYSCO SAN DIEGO INC TARGET SPECIALTY PRODUCTS THE COUNSELING TEAM THE FILIPINO PRESS INC THE HOME DEPOT CREDIT SERVICES THE KNOX COMPANY THE LIGHTHOUSE INC TOPCO PRODUCTS U 5 BANK U S BANK ULINE UNDERGROUND SERVICE ALERT UNITED ROTARY BRUSH CORP V & V MANUFACTURING VGA EMERGENCY ANIMAL HOSPITAL VCA MAIN ST ANIMAL HOSPITAL VISION SERVICE PLAN VISTA PAINT WEST COAST ARBORISTS INC WEST PAYMENT CENTER WESTFLEX INDUSTRIAL WARRANT REGISTER #42 4/18/2017 DESCRIPTION MILEAGE REIMBURSEMENT FOR MEETINGS MOP#72441 AUTO SUPPLIES 1 FLEET PW DATA STORAGE ARRAY 1 MIS MOP#75877 AUTO SUPPLIES 1 FLEET PW JANITORIAL SUPPLIES / NUTRITION MOP#49078 AUTO PARTS 1 FLEET PW MOP#67839 AUTO PARTS 1 FLEET PW MOP#45745 SUPPLIES / PUBLIC WORKS MOP#45745 SUPPLIES 1 PUBLIC WORKS MOP# 45742 LAUNDRY SERVICES 1 PUBLIC WORKS MOP# 45751 AUTO PARTS 1 FLEET PUBLIC WORK BLANKET RANGE USE SUPPLIES FOR CANINES 1 POLICE LEGAL NOTICES ADVERTISING 1 CITY CLERK WASTEWATER- GAS & ELECTRIC UTILITIES MEAT I NUTRITION ADV SUBS 1 SHERMAN BLOCK SLI SESSION 8 ADV SUBS 1 SHERMAN BLOCK SLI SESSION 7 REIMBURSEMENT FOR TINY TOTS SUPPLIES MONTHLY SHREDDING 1 POLICE MOP 45756. SUPPLIES FOR TINY TOTS/CASA MOP 45756. SNACKS FOR CASA DE SALUD / CSD ANIMAL CONTROL BOOKS MOP# 45758 AUTO PARTS 1 FLEET PUBLIC WORK FIRST-TIME HOMEBUYER PROGRAM MOP 45704 OFFICE SUPPLIES 1 FIRE MOP 45761 OFFICE SUPPLIES 1 POLICE TACK OIL, 3/8 SHEET AND COLD MIX / PW FOOD FOR NUTRITION CENTER TRAINING FOR PEST CONTROL / PW EMPLOYEE SUPPORT SERVICES 1 PD PUBLISHED AD / MISS NATIONAL CITY EVENT/CSD HAMMER DRILL / KIT PW HINGED DOOR FOR LIBRARY DROP BOX MOP# 45726 AUTO PARTS 1 FLEET PUBLIC WORK MOP# 63849 AUTO PARTS 1 FLEET PUBLIC WORK CREDIT CARD CHARGES 1 POLICE PURCHASES MADE FOR CS DAY SITE MAKEOVERS CS DAY SITE MAKEOVER FOR CAMACHO 1 CSD UNDERGROUND SERVICE ALERT FY 2017 MOP#62683 AUTO PARTS 1 FLEET PW BADGES / POLICE DEPT STRAY ANIMAL CARE 1 POLICE K9 CARE / POLICE VISION SVC PLAN (CA) I APR 2017 MOP#68834 PAINT / STREETS PW CONTRACTING SERVICES FOR TREE TRIMMING/PW BLANKET BACKGROUND INFO MOP#53850 AUT- 282 of 443 2/3 CHK NO DATE AMOUNT 328467 4/18/17 94.16 328468 4/18/17 190.00 328469 4/18/17 154,381.31 328470 4/18/17 828.33 328471 4/18/17 84.87 328472 4/18/17 728.98 328473 4118/17 326.14 328474 4/18117 1,086.18 328475 4/18/17 154.02 328476 4/18,17 498.92 328477 4/18/17 417.66 328478 4/18/17 700.00 328479 4/18/17 1,826.58 328480 4/18/17 1,700.20 328481 4/18117 8,144.37 328482 4/18/17 1,236.30 328483 4/18/17 384.00 328484 4/18/17 384,00 328485 4/18/17 81.34 328486 4/18117 300.90 328487 4/18/17 755.79 328488 4/18/17 65.27 328489 4/18/17 440.72 328490 4/18/17 73.61 328491 4/18/17 417,400.00 328492 4/18/17 394.75 328493 4/18117 273.82 3.8494 4/18/17 168.09 328495 4/18/17 4,341.15 328496 4/18/17 196.00 328497 4/18/17 1,600.00 328498 4/18/17 198.00 328499 4/18/17 239.75 328500 4/18/17 376.28 328501 4/18/17 14.76 328502 4118/17 114.40 328503 4/18117 1,360.22 328504 4/18/17 971.03 328505 4/18/17 1,497.07 328506 4/18/17 292.50 328507 4118/17 398.15 328508 4/18/17 906.36 328509 4/18117 597.47 328510 4/18/17 1,012.19 328511 4/18117 668.50 328512 4/18/17 359.17 328513 4/18/17 43,655.85 328514 4/18/17 1,652.96 328515 4/18/17 655.67 PAYEE WILLY'S ELECTRONIC SUPPLY ZENGOTA. R WIRED PAYMENTS PAYCHEX BENEFIT TECHNOLOGIES BANK OF AMERICA ARCO BUSINESS SOLUTIONS CITY NATIONAL BANK ADMINSURE INC SECTION 8 HAPS WARRANT REGISTER #42 4118/2017 DESCRIPTION MOP COMPUTER SUPPLIES REFUND; HEALTH INS BENETRAC ESR SVCS BASE FEE APRIL 2017 NCJPFA LEASE REVENUE REFUNDING FUEL FOR CITY FLEET MARCH 2017 LEASE PAYMENT #28 ENERGY PROJECT WIC ACCT REPLENISHMENT MARCH 2017 Start Date 4/12/2017 End Date 4/18/2017 GRAND TOTAL CHK NO 328516 328517 409087 484140 517983 517986 517989 3/3 DATE AMOUNT 4/18/17 198.85 4/18/17 501.41 PJP Total 1,009,527.57 4/14/17 507.00 4/18/17 7,350.09 4/13/17 28,956.40 4/13/17 43,101.00 4/13/17 98,493.29 11,175.41 $1,199,110.67 283 of 443 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDI lEl.) AS REQUIRED BY LAW. MARK ROBERTS, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALBERT MENDIVIL, VICE -MAYOR ALEIANDRA 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 6th OF JUNE, 2017. AYES NAYS ABSENT 284 of 443 CC/CDC-HA Agenda 6/6/2017 — Page 285 The following page(s) contain the backup material for Agenda Item: Warrant Register #43 for the period of 04/19/17 through 04/25/17 in the amount of $1,823,234.15. (Finance) 285 of 443 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 6, 2017. AGENDA ITEM NO. ITEM TITLE: ;Warrant Register #43 for the period of 04119/17 through 04/25/17 in the amount of $1,823,234. 15. (Finance) PREPARED BY: ;K. Apalategui DEPARTMENT: Finan PHONE: :61 9-336-4572 EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 04/19117 through 04/25/17. Consistent with Department of Finance, listed below are all payments above $50,000. APPROVED BY: Vendor Check/Wire Amount Explanation Palm Engineering 328603 61,427.00 Division St. Traffic Calming Project Public Emp Ret System 4192017 421,546.08 Service Period 03/28/17 — 04/10117 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $1,823, 234.15. 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 $1,823,234.15.1 BOARD 1 COMMISSION RECOMMENDATION: NfA ATTACHMENTS: Warrant Register #43 Finance MIS 286 of 443 PAYEE BOYD JR, P CARAVANTES, S CEB CHICANO FEDERATION CONTRERAS, R COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY QF SAN DIEGO CWEA MEMBERSHIP DELTA DENTAL DELTA DENTAL INSURANCE CO D-MAX ENGINEERING EMELINDA A IGNACIO FALLEN OFFICERS FUND FIRE ETC HEALTH NET HUDSON SAFE T LITE RENTALS KAISER FOUNDATION HEALTH PLANS KONICA MINOLTA LASER SAVER INC LAW SEMINARS INTERNATIONAL LOCAL GOVERNMENT PUBLICATIONS LOPEZ, TERESA YOLANDA MABPA NATIONAL BUSINESS INSTITUTE NATIONAL CITY CHAMBER OFFICE SOLUTIONS BUSINESS S D COUNTY CITY CLERK ASSOC SAN DIEGO MANA SOUTH BAY WINDOW & GLASS CO STAPLES BUSINESS ADVANTAGE THE RETIREMENT CONCIERGE THE STAR NEWS PUBLISHING COMPANY THOMSON REUTERS WEST VISION SERVICE PLAN REGIONAL 'FRAMING CENT ER A REASON TO SURVIVE ACEVEDO, M ADAMS, D AZTEC APPLIANCE BANNER BANK BSN SPORTS CABRALES,I CASAS, LAURA E CHELIUS, A CHRISTENSEN & SPATH LLP CIRCULATE SAN DIEGO COMMERCIAL_ AQUATIC SERVICE INC COUNTY OF SAN DIEGO WARRANT i REGISTER 443 4/25/2017 DESCRIPTION REFUND / CALPERS DEDUCTIONS FOR FEB 2017 REIMB / REFRESHMENTS FOR CERT LUNCH LEGAL PUBLICATION JEFFERSONS CA EVIDENCE 5 DE MAYO UNITY LUNCHEON / R MORRISON REIMB / CA CONSTRUCTION LAW SEMINAR SD CO SHARE PARKING CITATION REV/FEB 2017 MAIL PROCESSING SERVICES 1 MARCH 2017 MAIL PROCESSING SERVICES / FEB 2017 MEMBERSHIP 1 GONZALEZ 1 F'W COBRA PREMIER INS 05-09086010021 FEB 2017 COBRA DENTAL INS PMI 1 FEN 2017 T&A REFUND #90185 NC PLAZA REFUND OF BUSINESS LICENSE TUITION SOUTHERN GANG CONE 1 PD PRO WARRINGTON 3003 8" LEATHER BOOTS/FIRE HEALTH NET FOR FEBRUARY 2017 BARRICADE LIGHT CELLI FIRE KAISER RETIREES INS - COBRA FEB 2017 COPIER EQUIPMENT LEASE / MARCH 2017 MOP45725 INK CARTRIDGES 1 ATTORNEYS OFFICE WEBINAR - PRA LITIGATION LEGAL PUBLICATION TRANSLATION SVCS-02-28-17 BUDGET WORKSHOP MABPA 2017 MEMBERSHIP 1 R MORRISON REGISTRATION: AS JUDGES SEE IT/CITY ATTORNEY NC MARKETING DISTRICT FEE / JAN 2017 A! F-FO A2R F1AR FRJ F!) SFRIFS 2017 MEMBERSHIP DUES 2017 MEMBERSHIP 1 R MORRISON WINDOW 1 PW GALAXY COMB BINDING MACHINE HEALTH PRESENTATION AT THE LIBRARY PUBLIC NOTICE AD 1 FINANCE ONLINE LEGAL RESEARCH 1 MARCH 2017 VISION SERVICE PLAN (CA) MARCH 2017 THE POWER OF UTILIZING TIME COURSE 1 NSD BIKE RACKS PROJECT TRAINING REIMB ROT AACEVEDO 1 PD TRAINING REIMB DE ESCALATION/ADAMS 1 PD CITY WIDE APPLIANCE PURCHASES FOR FY PLAZA BLVD. WIDENING N TO 805 PROJECT CS DAY SITE MAKEOVER PREMIUM STEEL SAFETY TRAINING REIM 2017 CHIAICABRALES 1 PD TRANSLATION SERVICES 4118/2017 TRAINING ADV SUB ROT/CHELIUS / PD LEGAL COUNSEL - WESTSIDE TOD ACTIVE TRANSP. PLANNING PROJECT PURCHASE OF OL SUPPLIES UNIFIED PROG 287 of 443 T CHK NO DATE 328518 4/25/17 328519 4/25117 328520 4/25/17 32862.1 4/25117 328522 4/25/17 328523 4/25/17 328524 4/25117 328525 4/25117 328526 4125117 328527 4/25/17 328528 4/25/17 328529 4125/17 328530 4/25/17 328531 4/25117 328532 4/25/17 328533 4/25/17 328534 4/25/17 328535 4/25/17 328536 4/25/17 328537 4125/17 328538 1125/17 328539 4/25/17 328540 4/26/17 328541 4/25/17 328542 4/25/17 328543 4/25/17 328514 4/25/17 328545 4125/17 328546 4/25/17 328547 4/25117 328548 4/25/17 328549 4/25/17 328550 4/25/17 328551 4/25/17 328552 4/25/17 328553 4/25/17 328554 4/25/17 328555 4/26/17 328556 4/25/17 328557 4/25/17 328558 4/25/17 328559 4/25/17 328560 4/25/17 328561 4/25/17 328562 4/25/17 328563 4/25/17 328564 4/25/17 328565 4/25/17 328566 4/25/17 1/3 AMOUNT 501.41 152.36 523.78 75,00 323.14 9,179.75 8,507.63 3,232.79 172.00 135.66 55.44 3,465.95 50.00 750.00 1,971.88 638.26 782.27 2,244.12 19,495.45 173.89 455.00 129.90 488.20 250.00 349.00 2.3,914.98 594.86 32.33 65.00 184.88 936.89 150.00 76.88 2,293.07 683.62 150.00 14,089.44 220.74 110.97 1,162.08 2,050.52 548.27 420.12 100.00 384.00 12,630.00 4,546.82 3,388.22 786.00 PAYEE COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COX COMMUNICATIONS DANIELS TIRE SERVICE DATA TICKET INC DEPARTMENT OF CONSERVATION DICK MILLER INC DISCOUNT SCHOOL SUPPLY D-MAX ENGINEERING EXPRESS PIPE AND SUPPLY CO INC FEDEX FIRE ETC FIRST AID STORE FLYERS ENERGY LLC FORDYCE CONSTRUCTION INC FORDYCE CONSTRUCTION INC FORDYCE CONSTRUCTION INC FUN EXPRESS LLC GLOBAL EQUIPMENT CO INC HANDY METAL MART HARRIS & ASSOCIATES INC HUTCHINSON, C JOHNSON, S KLOS, F L N CURTIS & SONS LINE X SAN DIEGO LOPEZ, J I OPEZ TFRESA YOGI ANDA MAINTEX INC MES CALIFORNIA METRO AUTO PARTS DISTRIBUTOR NATIONAL CITY CHAMBER NEXT DAY PRINTED TEES OFFICE SOLUTIONS BUSINESS OPPER & VARCO LLP PALM ENGINEERING PHILLIPS JR, W PORT PLASTICS INC PRO BUILD PRUDENTIAL OVERALL SUPPLY RIVERSIDE SHERIFF'S DEPT RODRIGUEZ, M SAN DIEGO FAMILY MAGAZINE LLC SAN DIEGO FRICTION PRODUCTS SAN DIEGO HOUSING FEDERATION SAN DIEGO UNION TRIBUNE SDG&E SHERWIN WILLIAMS WARRANT REGISTER #43 4/25/2017 DESCRIPTION SAN DIEGO COUNTY ASSESSORS RECORDS/ NSD RECORD DOCUMENTS WITH THE SAN DIEGO CO OF SD SHARE OF PARKING CITATION I MAR 2017 COX CABLE SERVICES APRIL 2017 TIRES FOR CITY FLEET FOR FY 2017 DATA TICKET APPEALS & ON-LINE ACCESS / NSD SMIP FEES / BUILDING PLAZA BLVD. N AVE TO 805 PROJECT CLASSROOM SUPPLIES FOR TINY TOTS PROGRAM T&A REFUND #90214 CITY WIDE PLUMBING PARTS & MATERIALS / PW FEDEX PACKAGES FOR DELIVERY BRACKET / FIRE FIRST AID SUPPLIES / CSD MOTOR OIL BULK 1 FLEET PW LAS PALMAS IGYMIPOOLIFIRE PROJECT LAS PALMAS PARK/POOL/GYM/FIRE PROJECT LAS PALMAS PARKIPOOL/GYM/FIRE PROJECT CLASSROOM SUPPLIES FOR TINY TOTS PROGRAM LYDN COMBINATION STORAGE ROUND STEEL TUBE - FLEET PW PARADISE CREEK SEWER PROJECT MILEAGE REIMB FOR TRAINING / ENG REIMBURSEMENT / TINY TOTS SUPPLIES TRAINING ACV SUB /FRANK KLOS / PD WILDLAND GEAR / FIRE FLOOR LINER PART / FLEET PW MILEAGE REIMB FOR TRAINING / ENG TRANSLATION SERVICES 14/18/2017 CITY WIDE JANITORIAL SUPPLIES / PW EXTRICATION GLOVES / FIRE MOP#75943 PRO TRAINING SEMINAR / FLEET PW NC TOURISM MARKETING FEE / JAN 2017 T-SHIRTS FOR COMMUNITY SERVICE DAY DESKIWORKSTATION FOR S. BULLOCK LEGAL SERVICES - EDUCATION VILLAGE DIVISION ST. TRAFFIC CALMING PROJECT TRAINING REIMB ROT / PI -LIPS JR / PD PLASTIC FOR COMMUNITY SERVICE DAY SIGN MOP#45707 FACILITIES SUPPLIES / PW MOP#45742 LAUNDRY / PW TRAINING TUITION/ ROT KLOS 1 PD TRAINING POST EXEC WORKSHOP/RODRIGUEZ 3 MONTH AD, CAMP DIRECTORY & VIRTUAL GUIDE SELTEC COMPRESSOR 1 FLEET PW SD FEDERATION FAIR HOUSING REGISTRATION LEGAL NOTICES IN THE SAN DIEGO UNION WASTEWATER r'A� n �i rr rr IC MOP# 77816. P) 288 of 443 NSD 213 CHK NO DATE AMOUNT 328567 4/25/17 38.00 328568 4/25/17 20.00 328569 4/25/17 10,692.50 328570 4/25/17 3,619.32 328571 4/25/17 558.86 328572 4/25/17 2,566.73 328573 4/25/17 8,278.29 328574 4/25/17 .38,959.81 328575 4/25/17 693.02 328576 4/25/17 1,432.50 328577 4/25/17 1,000.72 328578 4125/17 46.80 328579 4125/17 147.90 328580 4/25/17 249.85 328581 4125/17 2,021.76 328582 4/25/17 7,488.85 328583 4/25/17 4,188.03 328584 4/25/17 394.15 328585 4/25/17 567.49 328586 4/25/17 2,995.50 328587 4/25/17 33.71 328588 4/25/17 34,043.00 328589 4/25/17 90.00 328590 4/25/17 109.52 328591 4/25/17 /68.00 328592 4/25/17 4,035.64 328593 4/25/17 109.00 328594 4/25/17 107.33 328595 4/25/17 140.00 328596 4/25/17 412.12 328597 4/25/17 1,393.67 328598 4/25/17 550.00 328599 4/25/17 12,721.27 328600 4/25/17 1,915.06 328601 4/25/17 3,445.37 328602 4/25/17 162.50 328603 4/25/17 61,427.00 328604 4/25/17 211.55 328605 4/25/17 357.73 328606 4/25/17 1,204.38 328607 4/25/17 236.37 328608 4/25/17 480.00 328609 4/25/17 650.98 328610 4/25/17 1.040.00 328611 4125/17 951.56 328612 4/25/17 35,00 328613 4/25/17 2,559.40 328614 4/25/17 44,303.64 328615 4/25/17 158.33 PAYEE SHINN, D SMART SOURCE OF CALIFORNIA LLC SMART SOURCE OF CALIFORNIA LLC SONSRAY MACHINERY LLC SOUTH BAY WINDOW & GLASS CO SPEEDPRO IMAGING SPRINGER, K STAPLES BUSINESS ADVANTAGE STAPLES BUSINESS ADVANTAGE SULLIVAN, C SUN, A SUPERIOR READY MIX SWEETWATER AUTHORITY TAYLOR, J THE HOME DEPOT CREDIT SERVICES THE LAW OFFICES OF EDWARD Z KOTKIN TURF STAR UNITED PARCEL SERVICE US BANK VERIZON WIRELESS WILLY'S ELECTRONIC SUPPLY ZAPPIELLO, L STATE OF CALIFORNIA STATE OF CALIFORNIA WIRED PAYMENTS PUBLIC EMP RETIREMENT SYSTEM PAYROLL Pay period Start Date 35 4/11/2017 WARRANT REGISTER #43 4/25/2017 DESCRIPTION REIMBURSEMENT FOR TINY TOTS SUPPLIES LETTERHEAD / POLICE MOP 63845. BUSINESS CARD 1 FIRE PUMP WATER - FOR FLEET PW CS DAY SITE MAKEOVER MIRRORS FOR CAMACHO DECALS FOR F150 FLEET PW TRAINING REIMB DE ESCALATION/SPRINGER 1 PD MOP 45704, OFFICE SUPPLIES 1 FINANCE MOP 45704 - OFFICE SUPPL!ES - PLANNING TRAINING REIMB ROT /SULLIVAN MILEAGE REIMB FOR TRAINING 1 ENG CONCRETE DELIVERY SERVICES FOR STREETS WASTEWATER DIVISION WATER UTILITIES TRAINING REIMB CERT GANG/TAYLOR MONITOR 1 PW OVERSIGHT BOARD LEGAL COUNSEL AUTO EQUIPMENT! FLEET PW UPS SHIPMENT SERVICE ADMIN FEES 2/01/17 - 01/31118 VERIZON WIRELESS MARCH 2017 MOP #457631ELECTRONIC SUPPLIES/MIS MILEAGE REIMB FORTRAINING / ENG SALES TAX LIABILITY /JAN - MAR 2017 SALES TAX LIABILITY 1 JAN - MAR 2017 SERVICE PERIOD 03128/17 - 04110117 End Date Check Date 4124/2017 5/3/2017 GRAND TOTAL 3/3 CHK NO DATE AMOUNT 328616 4125/17 101.22 328617 4/25/17 1,903.14 328618 4125/17 73.95 328619 4/25/17 448.78 328620 4/25/17 346,86 328621 4/25/17 232.75 328622 4125/17 76.61 328623 4125/17 42.78 328624 4125117 15.04 328625 4125/17 160.50 328626 4/25/17 96.69 328627 4/25/17 2,619.47 328628 4/25/17 17,777.74 328629 4125117 55.70 328630 4/25/17 106.64 328631 4/25/17 200.00 328632 4/25/17 268.92 328633 4/25/17 57.19 328634 4/25/17 1,200.00 328635 4/25/17 784.18 328636 4/25/17 188.34 328637 4/25/17 90.00 328638 4/25/17 17,591.00 328639 4/25117 419.00 A/P Total 428,092.28 4192017 4/19/17 421,546.08 973,595.79 $1,823,234.15 289 of 443 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. MARK ROBEItTS, FIN CE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE EE RONALD J. MORRISON, MAYOR -CHAIRMAN ALBERT MENDIVIL, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER JERRY CANO, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 6th OF DUNE, 2017. AYES NAYS ABSENT 290 of 443 CC/CDC-HA Agenda 6/6/2017 — Page 291 The following page(s) contain the backup material for Agenda Item: Public Hearing — Tentative Subdivision Map for a mixed -use condominium project to be located at 341 East 30th Street. (Applicant: Raintree Residential, LLC) (Case File 2016-23 S) 291 of 443 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE June 6, 2017 AGENDA ITEM NO. ITEM TITLE: (Public Hearing — Tentative Subdivision Map for a mixed -use condominium project to be located at 341 East 30th Street. (Applicant: Raintree Residential, LLC) (Case File 2016-23 S) PREPARED BY: !Martin Reeder, AICP1 DEPARTMEN u . Planning.. APPROVED BYC PHONE S36-4313 EXPLANATION; ;The project site is at the northwest comer of East 30th Street and "D" Avenue. The property is developed with a single-family residence that is proposed to be demolished in order to construct a mixed -use condominium project. The proposal consists of 12 residential units and five commercial units with 19 on -site parking spaces. The construction of for -sale (condominium) units requires a Subdivision Map. The Planning Commission conducted a public hearing on May 15, 2017 on the Tentative Map. Commissioners asked questions regarding parking, findings for approval, site design, unit process, commercial uses, and signage. The Commission voted to approve the Tentative Map based on attached findings and subject to Conditions of Approval. The attached background report describes the proposal in detail FINANCIAL STATEMENT: ACCOUNT NO. 1 APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW Categorically Exempt pursuant to Class 3 Section 15332 (In -Fill Development Projects) ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: ;Staff concurs with the decision of the Planning Commission j BOARD / COMMISSION RECOMMENDATION: !The Planning Commission approved the Tentative Subdivision Map. Ayes: DeLaPaz, Flores, Garcia, Sendt, Quintero, Yamane Absent: Bacal ATTACHMENTS: 1. ;Background Report 2. Recommended Findings for Approval 3. Recommended Conditions of Approval 4. Overhead 5. Reduced Plans 6. Planning Commission Staff Report 7. Resolution No. 2017-13 8. Public Hearing Noticd, 292 of 443 BACKGROUND REPORT Background The project site is at the northwest corner of East 30th Street and "D" Avenue. The property is developed with a single-family residence that is proposed to be demolished in order to construct a mixed -use condominium project. The proposal consists of 12 residential units and five commercial units with 19 on -site parking spaces. The construction of for -sale (condominium) units requires a Subdivision Map. History The applicant was granted a commercial parking reduction for this site in March of this year. This 12-unit mixed -use development requires 19 parking spaces, 15 for the residential component and four for the commercial component. Although 19 parking spaces are proposed on the lot, only one of the four required commercial spaces are provided. The street frontage adjacent to the project is currently completely red -curbed. However, the applicant has been working with the City's Engineering Department to restripe the street in this location so that the red curb can be removed. Project location The project site is an approximately 12,500 square -foot residential lot in the Minor Mixed -Use Corridor (MXC-1) zone. The property has 125 feet of frontage on East 30th Street, with 100 feet of frontage on "D" Avenue to the east. There is one driveway on "D" Avenue and none on East 30th Street. The property is currently developed with a 1,128 square -foot residence. Proposed Use The applicant is proposing to construct a 12-unit mixed -use condominium project. The proposal includes approximately 1,600 square feet of commercial space in the form of live/work units along East 30th Street. Eighteen garage parking spaces are provided on site, as well as one surface handicapped -accessible parking space for the commercial component. Four surface parking spaces are provided on East 30th Street adjacent to the property, which were approved through the parking reduction mentioned above. The project consists of two buildings, one on the north side of the lot and one on the south, with a driveway in between leading to the parking area. Each building would contain three floors with the first floor being a garage, the second floor the bedrooms, and the third floor the kitchen and living areas. Six of the proposed units are three - bedrooms and six are two -bedroom units. The six units in the southem building are all live work units with commercial frontages facing East 30th Street. The project includes 2,108 square feet of private open space in the form of balconies. ATTACHMENT 1 293 of 443 City Council Meeting of June 6, 2017 Page 2 Analysis The MXC-1 zone allows mixed -use developments by right (no discretionary review). However, the construction of for -sale (condominium) units requires a Subdivision Map, which necessitates Planning Commission and City Council approval. General Plan The Land Use designation for this property is Minor Mixed -Use, which has a maximum density allowance of 48 units per acre and a Floor Area Ratio (FAR) of 2.0, or two times the lot size. In this case, the project is under both the maximum density and FAR. There are several General Plan Policies that are pertinent to this proposal, specifically: Policy LU-2.3: Provide for a variety of housing types including, but not limited to, single-family attached and detached, multifamily apartments, condominiums, and mobile homes. Policy LU 4.3: Promote infill development, redevelopment, rehabilitation, and reuse efforts that contribute positively to existing neighborhoods and surrounding areas. Policy LU-7.1: Establish incentives to promote the use and development of vacant infill parcels and the intensification of land uses on underutilized parcels to realize the greatest benefit to the community. Aithough the property is currently developed, it is somewhat underutilized in that there is one residence on a lot more than double the minimum lot size of 5,000 square feet. in addition, the proposal will provide for 12 new condominium units. Housing Element The Housing Element focuses on (among other things): o Matching housing supply with need • Maximizing housing choice throughout the community The project will add to the City's housing supply, particularly along a mixed -use corridor that is intended for such use, and also provide for 11 new home -ownership opportunities (there is one existing residence on the property, which will be replaced by the project proposal). 294 of 443 City Council Meeting of June 6, 2017 Page 3 Land Use Code (LUC) The MXC-1 zone allows for up to 48 units per acre. The proposed project has a density of approximately 41 units per acre. In the case of a 12,500 square -foot lot, the maximum allowable number of units would be 13. Architecture The architectural style of the proposed development is modern in style and includes many stylistic features encouraged by the design guidelines in the LUC. These include wall plane variation, multiple finishes, architectural relief, and varied roof planes. Most of the details are focused on the north and south elevations, particularly facing East 30th Street. The east elevation (facing "D" Avenue) also has varied architectural treatment. The west elevation does not have any openings (doors, windows, etc.), but does have significant wail plane variation and architectural relief (varied materials). Parking/Circulation Parking for mixed -use projects is required as follows: • Residential use o 2 bedrooms or less — 1 space per unit 0 3 or more bedrooms —1.5 spaces per unit • Non-residential use o 2 spaces per 1,000 square feet The applicant is proposing the following mix of units: Resident parking Spaces required Spaces provided 1 & 2 bedroom (6) 6 6 3+ bedroom (6) 9 12 Total resident parking 15 18 Commercial parking 4 1 Total parking 19 19 Although more than the required number of on -site residential parking spaces has been provided, the commercial requirement is not met. However, as previously mentioned, the Planning Commission approved the commercial parking reduction through a separate process. 295 of 443 City Council Meeting of June 6, 2017 Page 4 Required findings The Municipal Code contains required findings for Tentative Subdivision Maps. There are nine required findings: 1. The proposed map is consistent with the National City General Plan and applicable specific plans. The project is in compliance with all required density and floor area maximums; provides additionai home and business ownership opportunities, consistent with the General Plan and Housing Element; and, meets all requirements of the Subdivision Ordinance (NCMC Title 17), including minimum lot size and dimension. 2. The site is physically suitable for the proposed type of development. The 12,500 square -foot lot can accommodate the requested number of units within the limits for density and floor area established by the General Plan and Land Use Code. 3. The site is physically suitable for the proposed density of development. The proposed multi -family residential development, at a density of 41 units per acre, is less than the 48 units per acre allowed in the Minor Mixed -Use Corridor (MXC-1) zone, and the proposed infill development increases the available housing units in the City. 4. The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. There is no natural habitat in the area or bodies of water present on -site. In addition, the property is surrounded by urban development and is currently developed with a residential use. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems. The property is currently developed and surrounded by existing residential developments. In addition, the land use and zoning designations allow for the density requested, which was analyzed as part of the environmental document associated with the most recent land use update. 296 of 443 City Council Meeting of June 6, 2017 Page 5 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. No such easements would be affected by the proposed development. There is a 10-foot access easement on the north side of the property, which is for the benefit of the neighboring property; however, the building location has been designed to avoid conflicting with this easement. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the Califomia Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. The project is required to install and/or upgrade to current requirements for sewage disposal by the Conditions of Approval of this permit. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. The project will provide 11 new homeownership opportunities, which is consistent with and encouraged by the City's Housing Element. 6. The design of the subdivision provides, to the extent feasible; for future passive and natural heating and cooling nnnnrti unities in the su ubdivicinn based nn noncider�+ior of Local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. The existing property is already developed and the site is surrounded by existing residential development. All new construction proposed in the future will be in compliance with the California Building Code, which takes such factors in to consideration. 297 of 443 City Council Meeting of June 6, 2017 Page 6 A last finding has been included with regard to compliance with the California Environmental Quality (CEQA), which is as follows: 10. That the proposed project has been reviewed in compliance with CEQA. Staff has determined the proposed use to be categorically exempt from environmental review pursuant to Class 32 Section 15332 (in -Fill Development Projects), for which a Notice of Exemption will be filed subsequent to approval of this Tentative Subdivision Map. Department comments Comments were provided by the Building, Engineering, and Fire departments, as well as the Sweetwater Authority. The Building Department requires compliance with the California Building Code; Engineering Department comments focus on stormwater, grading, utilities, street improvements, and final map requirements; the Fire Department requires compliance with fire codes related to fire protection and property access; and, Sweetwater Authority comments stated the minimum clearance requirements and locations of a!I utility meters and fire protection infrastructure. Conditions of Approval Standard Conditions of Approval for Tentative Subdivision Maps have been included in the staff report, as well as those addressing department and agency comments as discussed above. The Planning Department added conditions regarding future commercial signage and parking requirements. This includes a condition requiring that all street re -striping needed for removal of the adjacent red curb be accomplished prior to building permits being issued. Summary The proposed project is consistent with the General Plan, Housing Element, and LUC in that it provides additional home -ownership opportunities and meets all applicable design requirements for mixed -use projects. The project will help to reinvigorate and potentially spur development in an area recently rezoned as a mixed -use corridor. Options 1. Approve 2016-23 S subject to the attached conditions, and based on attached findings or other findings as determined by the City Council; or 2. Deny 2016-23 S based on findings as determined by the City Council; or, 3. Continue the item for additional information. Staff recommended approval of the Tentative Subdivision Map to the Planning Commission and also recommends that the City Council approve the request. 298 of 443 RECOMMENDED FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 2016-23 S — 341 East 30th Street 1. The proposed map is consistent with the National City General Plan and applicable specific plans, because the project is in compliance with all required density and floor area maximums; provides additional home and business ownership opportunities, consistent with the General Plan and Housing Element; and meets all requirements of the Subdivision Ordinance (NCMC Title 17), including minimum lot size and dimension. 2. The site is physically suitable for the proposed type of development, because the 12,500 square -foot lot can accommodate the requested number of units within the limits for density and floor area established by the Generai Pian and Land Use Code. 3. The site is physically suitable for the proposed density of development, because the proposed multi -family residential development, at a density of 41 units per acre, is less than the 48 units per acre allowed in the Minor Mixed -Use Corridor (MXC-1) zone, and the proposed infill development increases the available housing units in the City. 4. The design of the subdivision or the proposed improvements is not likely, to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, because there is no natural habitat in the area or bodies of water present on -site. In addition, the property is surrounded by urban development and is currently developed with a residential use. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, because the property is currently developed and surrounded by existing residential developments. In addition, the land use and zoning designations allow for the density requested, which was analyzed as part of the environmental document associated with the most recent land use update. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the pub!ic at !arge, for access through or use of the property within the proposed subdivision, because no such easements would be affected by the proposed development. ATTACHMENT 2 299 of 443 7 The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6, because the project is required to install and/or upgrade to current requirements for sewage disposal by the Conditions of Approval of this permit. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources, because the project will provide eleven new homeownership opportunities, which is consistent with and encouraged by the City's Housing Element. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage, because the existing property is already developed and the site is surrounded by existing residential development. All new construction proposed in the future will be in compliance with the California Building Code, which takes such factors in to consideration. 10. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, because staff has determined the proposed use to be categorically exempt from environmental review pursuant to Class 32 Section 15332 (In -Fill Development Projects), for which a Notice of Exemption will be filed subsequent to approval of this Tentative Subdivision Map. 300 of 443 RECOMMENDED CONDITIONS OF APPROVAL 2016-23 S — 341 East 30tn Street Genera! 1. This Tentative Subdivision Map authorizes a 12-unit mixed -use condominium project located at 341 East 30th Street. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibits A - Revised and B-Revised, Case File No. 2016-23 S, dated 3/16/2017). 2. Before this Tentative Subdivision Map shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Tentative Subdivision Map. The applicant shall aiso 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 Tentative Subdivision Map are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the City Manager or assign prior to recordation. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk_ Checks shall be made payable to the County Cierk. 4. This permit shall become null and void if not exercised within one year after adoption ^f 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 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. ATTACHMENT 3 301 of 443 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 ail 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 thz Cy, 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 302 of 443 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. 13.AII 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. Separate street and sewer plans prepared by Registered Civil Engineer, shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. 16.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. All soils report findings and recommendations shall be part of the Engineering Department requirements. 17.The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced. 18. The existing pedestrian ramp on .tvie northwest corner at the in ersection of D Avenue and 30TH Street shall be removed and replaced with standard ramp complying with the ADA requirements and the Regional Standard Drawings. 19.The existing street improvements along the property frontage(s) shall be kept free from weed growth by the use of special weed killers, or other approved methods. 20.AII existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. !f 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. 21.A permit shall be obtained from the Engineering Department for ail improvement work within the public right -off --way, and any grading construction on private property. 303 of 443 22. 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. 23.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. 24.AII new dwellings are subject to a Transportation Development Impact Fee. This includes new homes, condos and apartments. 25.A!! electrical, telephone and similar distribution service wires for the new structure(s) shall be placed underground. 26.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. 27.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. 28. The final parcel map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 29.The developer shall submit to the Fire Department a letter from Sweetwater Authority stating existing fire flow. If determined by the Are Department that additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Sweetwater Authority prior to obtaining the final map approval. 30. Separate water and sewer laterals shall be provided to each lot/parcel. 31. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 32.SUSMP documentation must be submitted and approved. 33.The final map shall be recorded prior to issuance of any building permit. 34.AII new property line survey monuments shali be set on private property, unless otherwise approved. 304 of 443 35. The parcel map/final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. Fire 36. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA). 37. Fire Sprinkler, Fire Alarm, Fire Protection Systems and Fire Underground plans are to be directly submitted to the National City Fire Department under separate permit for review and permitting. Fees along with 3 sets of plans including all "Cut Sheets and Calculations" shall be included upon submittal. Plan review shall be a 30-day plan review process or 21 working days. A fire department connection will be required for this site. 38. Supervision (Fire Alarm) of sprinkler piping and fire detection devices shall be automatically supervised where more than 20 sprinklers are on the system. An annunciator panel will be required Planning 39. No plans for construction shall be approved until East 30th Street has been restriped and the red curbing along the property frontage removed to the satisfaction of the City Engineer. 40. A minimum of one on -site parking space shall be dedicated to commercial customers and shall be accessible i.o those with disabilities. 41. All future signage for the commercial units (live/work) shall be in compliance with Chapter 18.47 of the National City Municipal Code. 42. The landscape plan submitted for nredinn anri/or cnnstn }ctinn sha!! meet a!! regulations contained in Chapter 18.44, including all required street trees. 43. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, clearly setting forth the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of parking areas, walks, buildings, utilities and open spaces prior to approval of the final map. Said CC&R's shall be subject to approval as to content and form by the City Attorney. The CC&R's shall allow the City the authority but not the obligation to assume maintenance of the property and assess the full cost including overhead costs therefore as a lien against the property if said property is not adequately maintained per the agreement. The CC&R's shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 305 of 443 44.A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. Sweetwater 45. Fire Service, water meter, and valve placement locations and design shall comply with the Authority's minimum required clearances. 306 of 443 2016-23 S — 341 East 30th Street — Overhead ATTACHMENT 4 307 of 443 EXIIIBIT: f 'i&4C CASE FILE I aS >z)l & -- 2.3 5 DATE: 3 `/ 6 / ?-511 PNg/ECT SCOPE OK _Mgt AA.S PPOECTII AMA A MEP PE 1EICLMCNr mosAi 12 T.10 AID WE vary vescoDAI cADOME84 ION- ME PPS ITN ATT..) GIIBMS $ ,RST SOW A•Ir-at7 sa...`51 KAr.0 AA SWOT,NPR OE PP -I pi RRaW NIS MATO AST AMAP '.' Or AAPPL1 CTtr. 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DN0.rscT— 111-13iI3� E7 8 OF 20 5 7 ARC K I '� CA ARCHITECTURAL LICENSE C I4560 I FIRST FLOOR BUILDIN • Q R C 11 I 1 E C T U R E• P L A N N I N 6 1 ,IB 1 2045 000TNER BOULEVARD SUITE 100 SAN MEWEALF6RNIA 92101 FON: 619 299 7070 Fax: 619 295 876e ISSUE OA76:12112116 309 of 443 SOU7NBUILDING 2 I 2 3 r DEW OFFFIICE PBR 2A MASER BR VW RAINTREE COURT NAMES RESIDENTIAL, LLO 12/I4/1520/0001P1LOW0 ISTARCK CA ARCHITECTURAL LICENSE C 10560 A R C N 1 1 E LIRE + P L ANNING 20L5 NEiYMIN Nnut968 , SUITE 100 5AN DIE00 CALIFORNIA 92101 FON: 619 299 :0TO FAX: 619 295 5766 9 OF 20 SECOND FLOOR BUILDING PLAN 3M 8O1'-0" ISSUE DATE: 19/1J116 310 of 443 KITCHFN LMNOJ IHNG vapor ' DECK 1 I �• SOUTH BUILDING 2 I 2 KITCHEN nU ❑ L11G / OIHING HITCHER UYNG C1 WANG Ji 0E04 rex RAINTREE COURT RNNTREG RESIDENTIAL, LL0 tMMO 2010021PHIDWG S T p R C K KITCHEN L�-Q ' I 31. CA ARCHITECTURAL LICENSE C 10560 A N C H I T E C T U R E f Pi ARMING 2045 KETTNER ROIREYANR Slim: 100 SAN MEND CALIFORNIA 07I01 FONI 619 299 7070 FAR: 619 295 876E 10 0F20 BUILUI e"PI N I$896 7E;1 WI6 311 of 443 SOUTH BUILDING FRO IT ELEVATION SOUTH BU]LDING RIGHT SIDE ELEVATION RAINTREE COURT RNNTREE RESIDENTIAL, LLO 12/12/102010011921 DYRt NORTH BUILDING LEFT SIDE ELEVATION STARCK CA ARCHITECTURAL LICENSE C 10560 ARCH' T E G T U R E + Pi. AR NINO 20A5 KRTNER BOULEVARD SUnM 100 SAN DIEGO CALIFORNIA 02.101 FON: 419 299 7070 FAN: 619 295 876E FI.IIVATfON KEYNOTER .aw•F.«relwf. 0 D p El ve .aloe 12 OF 20 NORTH BUILDING EXTERIOR ELEVATIONS I'' ISSUE 7A1E11Y/17118 312 of 443 SOUTH BUILDING REAR ELEVATION NORTH BUILDING LEFT SIDE ELEVATION r RAINTREE COURT RAININEE RESIDENTIAL, LLC 1 L17N 6 2016021 P21.9 W G 1 SOUTH BUILDING RIGHT SIDE ELEVATION SIASCIO CA ARCHITECTURAL LICENSE C 10560 A R C 11 I 7 E C T ORE 4 P L ANNING 2055 KErrdOn QDIILINnIo 50100 100 5AN D1E60 CALIFORNIA 92101 FOE 619 299 7070 FAK: 619 295 6763 ELEVATION KEYNOTES • erMeMe MlfrtnOMMfY....N 13 OF 20 NORTH BUILDING EXTERIOR ELEVATIONS ISSUE DATE: 12/17716 �L . 313 of 443 NORTH BUILDING FRONT ELEVATION SOUTH BUILDING NORTH BUILDING RIGHT SIDE ELEVATION RAINTREE COURT RAINTREE RESIDENTIAL, LLD I2I121IE 201E V11PL1.ON'6 LEFT SIDE ELEVATION ELEVATION KEYNOTES 14 OF 20 STARZK CA ARCHITECTURAL LICENSE C 10560 ARCH/ T E C I U RE 1 P L A N N IN G 2045 KETTNER R ns0ARp SUM 100 SAN DIEGO CALIFORNIA 92101 Fpu 619 299 7070 FAX: 619 295 8760 SOUTH BUILDING EXTERIOR ELEVATIONS 3M8"=1'-0" %ME DATE: 12/17I1E 314 of 443 El 1- 1- NUI(I I1 IJUILUINU REAR ELEVATION -tr - NORTH BUILDING SOUTH BUILDING LEFT SIDE ELEVATION RIGHT SIDE ELEVATION _ __---�---o t) ELEVATION KEYNOTES 15 OF 20 r RAINTREE COURT RN NIREE RESI GENT W., LLC 12H2fl0 2010021P21.9 W9 S T A R % CA ARCHITECTURAL LICENSE C 10560 ARCHIT EC T URE 0 P L ANNINE 20A5 KET-I R BOULEVARD SUITE 100 SAN DIEGO CALIFORNIA 92101 FON 619 299 7070 FAX: 619 295 8768 SOUTH BUILDING EXTERIOR ELEVATIONS 9NB'=T4 ISSUE DATE: mime • 315 of 443 ,W rAavnlT Fw ]Rnsv.�AR;T Ac�ulTrr !^RE�6ln 6•mav 1. sea-onc_ii a aE1aAL rccoPcs j PIORTN EUltiNG x.TLT1tzE: E .XUmf rT1.W1 a sr. ,ro a<wl.asrn o 0.171 T ^.LAW1at 0011 'PARAD9F cox' OJLOR (TT".) TI sots 5 gufy 1 Al'l18lL PLANT LEGEND ALL LEVEL PLANTER AREAS SHALL RECEIVE 2' LAYER OF SHRE1DE0 REDWOOD 'WALE -ON DAN< MULCH. BOTANICAL NAME COMMON NAME SIZE OM DUAL CERCM OCCIOENTALIS ' WESTERN REO OBU 24' HO( 3 E / A BUMS 0*CRWHSLL1dl-CORPACRW' COMPACT 80011000 5 GAL 7 F / L4 CAW51E1/011 CIT. 'LITTLE JOHN' DWARF 80TREBRUSI 5 GAL 22 F / L4 CASSIA LEPTOPHYLLA 24' BOX 3 E / L4 GOLD MEDALLION TREE - SIRLLI TREE BELLE CFA CLAUCA 'EWAN BLUE' CUE I GAL 53 r / L4 WESILBNOIA FRUTICOSAA COAST ROSEMARY 5 GAL 18 F / L4 SOLANUM JASMINOIDES POTATO NNE 15 GAL 2 F / L4 OSTREUTLA OO O •N Oe: © OMIMULUS BOTANICAL NAME COMMON NAME 5f2E OTT", DETAII. NICOLAI GIANT BIRD OF PARADISE 15 GAL 3 F / L4 NCOALIPAET WAVERLY BAMBOO 5 GAL. 13 F / L4 WARMS MARE MCOMLEUNS 'WiA'4CTA' TRTLE 5 GAL 10 F / L4 PHORMIU1 1ENAX 'MAORI 121E " NEW 2£ALAND FLAX 15 GAL 5 F / L4 PACIFIC DLIN SEDGE 1 CAL 20 F / L4 LEYMUS CONDENSATUS PRINCE CANYON BALD RYE 5 CML 8 F / L4 CARDINALS SCARLET MONKEY FLOWER 5 GAL 9 F / L4 B BACCHARIS PILULARIS 'PIGEON POINT" 1 GAL la' C C. AS REQ. F / 11.4 MCI0 i.Miaba gra Iw MED1.04 gwrx 9Cr SPE AM i i16LREA4Wm. NOTES: NANIQNANCC 1. All WORM UMDSCAPE AREAS SRAM aE WMTMHOO 52 lIE 094610. INE LANDYPE WAS 9141 RE 400141A41 IAEE OF HAS 99 UM A10 ALL PLANT MATRIX SHN! BE 'mums) N A :FAUN. DURING CMOIMR 0RFA1Ea a 0EA0 PUNT WOK. 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VEGETATION SSBECTEE, MO POSED 51S700 SHADE LL LOP (REC PITAFORTO SPRAY HEADS TO MNM13 WAFER WASTE ]. MULCH: ALL REGARD) PLANRNO AREAS SHALL OE COST® WIN MOON 10 A MIDAIR DEP1H IF 2 INGFIA ENCLUTNK ELOPES REWORD REMICATIA11011 M0 AREAS FLAMED 91114 GROUM0C0'09. ALL EEPagD 54 ono yaw 104ETATIEN SHALL ALSO BE WLOIED TW 1NI5 NIMNUN 1)EPTM NORTH{ SCALE: Rutter Designs, Inc. RAINTREE COURT revl&an data A A data 8-25-2010 drawn 511R checked um Job ISOID file # sheet L- 2 18 316 of 443 Title: NATI-lat5Itt �-' zr tamps o,Tt0• CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Item no. May 15, 2017 PUBLIC HEARING — TENTATIVE SUBDIVISION MAP FOR A MIXED -USE CONDOMINIUM PROJECT TO BE LOCATED AT 341 EAST 30TH STREET Case File No.. 2016-23 S Location: Northwest corner of East 30th Street and "D" Avenue Assessor's Parcel No.: 562-190-32 Staff report by: Martin Reeder, AICP — Principal Planner Applicant/Owner: Raintree Residential, LLC Zoning designation: MXC-1 (Minor Mixed -Use Corridor) Adjacent land use/zoning: North: Single-family residential / RS-2 (Small Lot Residential) East: Sweetwater High School across "D" Avenue/ I (Institutional) South: Single-family residential across East 30th Street / RS-2 West: Multi -unit Residential / MXC-1 Environmental review: Categorically Exempt pursuant to Class 32 Section 15332 (In -Fill Development Projects) Staff recommendation: Approve ATTACHMENT 6 317 of 443 Planning Commission Meeting of May 15, 2017 Page 2 BACKGROUND The project site is at the northwest corner of East 30th Street and "D" Avenue. The property is developed with a single-family residence that is proposed to be demolished in order to construct a mixed -use condominium project. The proposal consists of 12 residential units and five commercial units with 19 on -site parking spaces. The construction of for -sale (condominium) units requires a Subdivision Map. History The applicant was granted a one -space parking reduction for this site in March of this year. A 12-unit mixed -use development requires 20 parking spaces, 15 for the residential component and five for the commercial component. Only 19 parking spaces are proposed on the lot. The street frontage adjacent to the project is currently completely red -curbed. However, the applicant has been working with the City's Engineering Department to restripe the street in this location so that the red curb can be removed. Project location The project site is an approximately 12,500 square -foot residential lot in the Minor Mixed -Use Corridor (MXC-1) zone. The property has 125 feet of frontage on East 30th Street, with 100 feet of frontage on "D" Avenue to the east. There is one driveway on "D" Avenue and none on East 30th Street. The property is currently developed with a 1,128 square -foot residence. Proposed Use The applicant is proposing to construct a 12-unit mixed -use condominium project. The proposal includes approximately 1,600 square feet of commercial space in the torm of live/work units along East 30th Street. Eighteen garage parking spaces are provided on site, as well as one surface handicapped -accessible parking space for the commercial component. Four surface parking spaces are provided on East 30th Street adjacent to the property, which were approved through the parking reduction mentioned above. The project consists of two buildings, one on the north side of the lot and one on the south, with a driveway in between leading to the parking area. Each building would contain three floors with the first floor being a garage, the second floor the bedrooms, and the third floor the kitchen and living areas. Six of the proposed units are three - bedrooms and six are two -bedroom units. The six units in the southern building are all 318 of 443 Planning Commission Meeting of May 15, 2017 Page 3 live work units with commercial frontages facing East 30th Street. The project includes 2,108 square feet of private open space in the form of balconies. Analysis The MXC-1 zone allows mixed -use developments by right (no discretionary review). However, the construction of for -sale (condominium) units requires a Subdivision Map, which necessitates Planning Commission and City Council approval. General Plan The Land Use designation for this property is Minor Mixed -Use, which has a maximum density allowance of 48 units per acre and a Floor Area Ratio (FAR) of 2.0, or two times the lot size. In this case, the project is under both the maximum density and FAR. There are several General Plan Policies that are pertinent to this proposal, specifically: Policy LU-2.3: Provide for a variety of housing types including, but not limited to, single-family attached and detached, multifamily apartments, condominiums, and mobile homes. Policy LU 4.3: Promote infill development, redevelopment, rehabilitation, and reuse efforts that contribute positively to existing neighborhoods and surrounding areas. Policy LU-7.1: Establish incentives to promote the use and development of vacant infill parcels and tha, intensification of land uses on underutilized parcels to realize the greatest benefit to the community. Although the property is currently developed, it is somewhat underutilized in that there is one residence on a lot more than double the minimum lot size of 5,000 square feet. in addition, the proposal will provide for 12 new condominium units. Housinj Element The Housing Element focuses on (among other things): • Matching housing supply with need • Maximizing housing choice throughout the community 319 of 443 Planning Commission Meeting of May 15, 2017 Page 4 The project will add to the City's housing supply, particularly along a mixed -use corridor that is intended for such use, and also provide for 11 new home -ownership opportunities (there is one existing residence on the property, which will be replaced by the project proposal). Land Use Code (LUC) The MXC-1 zone allows for up to 48 units per acre. The proposed project has a density of approximately 41 units per acre. In the case of a 12,500 square -foot lot, the maximum allowable number of units would be 13. Architecture The architectural style of the proposed development is modern in style and includes many stylistic features encouraged by the design guidelines in the LUC. These include wall plane variation, multiple finishes, architectural relief, and varied roof planes. Most of the details are focused on the north and south elevations, particularly facing East 30th Street. The east elevation (facing "D" Avenue) also has varied architectural treatment. The west elevation does not have any openings (doors, windows, etc.), but does have significant wall plane variation and architectural relief (varied materials). Parking/Circulation Parking for mixed -use projects is required as follows: • Residential use o 2 bedrooms or less • 1 space per unit o 3 or more bedrooms — 1.5 spaces per unit • Non-residential use o 2 spaces per 1,000 square feet The applicant is proposing the following mix of units: Resident parking Spaces required Spaces provided 1 & 2 bedroom (6) 6 6 3+ bedroom (6) 9 12 Total resident parking 15 18 Commercial parking 5 1 Total parking 20 19 320 of 443 Planning Commission Meeting of May 15, 2017 Page 5 Although more than the required number of on -site residential parking spaces has been provided, the commercial requirement is not met. However, as previously mentioned, the Planning Commission has approved a one -space parking reduction through a separate process. Required findings The Municipal Code contains required findings for Tentative Subdivision Maps. There are nine required findings: 1. The proposed map is consistent with the National City General Plan and applicable specific plans. The project is in compliance with all required density and floor area maximums; provides additional home and business ownership opportunities, consistent with the General Plan and Housing Element; and, meets all requirements of the Subdivision Ordinance (NCMC Title 17), including minimum lot size and dimension. 2. The site is physically suitable for the proposed type of development. The 12,500 square -foot lot can accommodate the requested number of units within the limits for density and floor area established by the General Plan and Land Use Code. 3. The site is physically suitable for the proposed density of development. The proposed multi -family residential development, at a density of 41 units per acre, is less than the 48 units per acre allowed in the Minor Mixed -Use Corridor (MXC-1) zone, and the proposed infill development increases the available housing units in the City. 4. The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. There is no natural habitat in the area or bodies of water present on -site. In addition, the property is surrounded by urban development and is currently developed with a residential use. 321 of 443 Planning Commission Meeting of May 15, 2017 Page 6 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems. The property is currently developed and surrounded by existing residential developments. In addition, the land use and zoning designations allow for the density requested, which was analyzed as part of the environmental document associated with the most recent land use update. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. No such easements would be affected by the proposed development. There is a 10-foot access easement on the north side of the property, which is for the benefit of the neighboring property; however, the building location has been designed to avoid conflicting with this easement. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. The project is required to install and/or upgrade to current requirements for sewage disposal by the Conditions of Approval of this permit. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. The project will provide 11 new homeownership opportunities, which is consistent with and encouraged by the City's Housing Element. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and 322 of 443 Planning Commission Meeting of May 15, 2017 Page 7 improvement requirements without requiring reduction in allowable density or lot coverage. The existing property is already developed and the site is surrounded by existing residential development. All new construction proposed in the future will be in compliance with the Califomia Building Code, which takes such factors in to consideration. A last finding has been included with regard to compliance with the California Environmental Quality (CEQA), which is as follows: 10. That the proposed project has been reviewed in compliance with CEQA. Staff has determined the proposed use to be categorically exempt from environmental review pursuant to Class 32 Section 15332 (In -Fill Development Projects), for which a Notice of Exemption will be filed subsequent to approval of this Tentative Subdivision Map. Department comments Comments were provided by the Building, Engineering, and Fire departments, as well as the Sweetwater Authority. The Building Department requires compliance with the California Building Code; Engineering Department comments focus on stormwater, grading, utilities, street improvements, and final map requirements; the Fire Department requires compliance with fire codes related to fire protection and property access; and, Sweetwater Authority comments stated the minimum clearance requirements and locations of all utility meters and fire protection infrastructure. Conditions of Approval Standard Conditions of Approval for Tentative Subdivision Maps have been included in the staff report, as well as those addressing department and agency comments as discussed above. The Planning Department added conditions regarding future commercial signage and parking requirements. This includes a condition requiring that all street re -striping needed for removal of the adjacent red curb be accomplished prior to building permits being issued. Summary The proposed project is consistent with the General Plan, Housing Element, and LUC in that it provides additional home -ownership opportunities and meets all applicable 323 of 443 Planning commission Meeting of May 15, 2017 Page 8 design requirements for mixed -use projects. The project will help to reinvigorate and potentially spur development in an area recently rezoned as a mixed -use corridor. OPTIONS 1. Approve 2016-23 S subject to the attached conditions, and based on attached findings or other findings as determined by the Planning Commission; or 2. Deny 2016-23 S 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. Public Hearing Notice (Sent to 33 property owners & 79 Occupants) 6. Applicant's Plans (Exhibits A -Revised and 3-Revised, Case File No. 201E-23 S, dated 3/16/2017) 7. Notice of Exemption MARTIN REEDER, AICP Principal Planner BRAD RAULSTON Deputy City Manager 324 of 443 RECOMMENDED FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 2016-23 S — 341 East 30th Street 1. The proposed map is consistent with the National City General Plan and applicable specific plans, because the project is in compliance with all required density and floor area maximums; provides additional home and business ownership opportunities, consistent with the General Plan and Housing Element; and meets all requirements of the Subdivision Ordinance (NCMC Title 17), including minimum lot size and dimension. 2. The site is physically suitable for the proposed type of development, because the 12,500 square -foot lot can accommodate the requested number of units within the limits for density and floor area estabiished by the General Plan and Land Use Code. 3. The site is physically suitable for the proposed density of development, because the proposed multi -family residential development, at a density of 41 units per acre, is Tess than the 48 units per acre allowed in the Minor Mixed -Use Corridor (MXC-1) zone, and the proposed infill development increases the available housing units in the City. 4. The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, because there is no natural habitat in the area or bodies of water present on -site. In addition, the property is surrounded by urban development and is currently developed with a residential use. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, because the property is currently developed and surrounded by existing residential developments. in addition, the land use and zoning designations allow for the density requested, which was analyzed as part of the environmental document associated with the most recent land use update. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, because no such easements would be affected by the proposed development. 325 of 443 7 The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6, because the project is required to install andior upgrade to current requirements for sewage disposal by the Conditions of Approval of this permit. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources, because the project will provide eleven new homeownership opportunities, which is consistent with and encouraged by the City's Housing Element_ 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage, because the existing property is already developed and the site is surrounded by existing residential development. Ali new construction proposed in the future will be in compliance with the California Building Code, which takes such factors in to consideration. 10. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, because staff has determined the proposed use to be categorically exempt from environmental review pursuant to Class 32 Section 15332 (In -Fill Development Projects), for which a Notice of Exemption will be filed subsequent to approval of this Tentative Subdivision Map. 326 of 443 RECOMMENDED CONDITIONS OF APPROVAL 2016-23 S — 341 East 30th Street General 1. This Tentative Subdivision Map authorizes a 12-unit mixed -use condominium project located at 341 East 30th Street. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibits A - Revised and B-Revised, Case File No. 2016-23 S, dated 3/16/2017). 2. Before this Tentative Subdivision Map shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Tentative Subdivision Map. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Tentative Subdivision Map are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the City Manager or assign prior to recordation. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711,4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk. 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 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. 327 of 443 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 nc, cost to the City, and within F 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 328 of 443 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. 13.AII 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. Separate street and sewer plans prepared by Registered Civil Engineer, shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. 16.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. Al! soils report findings and recommendations shall be part of the Engineering Department requirements. 17. The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced. 18.The existing' p&iestriEwi ramp on the northwest corner at the intersection D Avenue and 30TH Street shall be removed and replaced with standard ramp complying with the ADA requirements and the Regional Standard Drawings. 19.The existing street improvements along the property frontage(s) shall be kept free from weed growth by the use of special weed killers, or other approved methods. 20.All 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 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. 21.A permit shall be obtained from the Engineering Department for all improvement work within the public fight -of -way, and any grading construction on private property. 329 of 443 22. 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. 23.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. 24.AII new dwellings are subject to a Transportation Development Impact Fee. This includes new homes, condos and apartments. 26.A1l electrical, telephone and similar distribution service wires for the new structure(s) shall be placed underground. 26.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. 27.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. 28. The final parcel map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 29.The developer shall submit to the Fire Department a letter from Sweetwater Authority stating existing fire flow. If determined by the Fire Department that additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Sweetwater Authority prior to obtaining the final map approval. 30. Separate water and sewer laterals shall be provided to each lot/parcel. 31. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 32.SUSMP documentation must be submitted and approved. 33.The final map shall be recorded prior to issuance of any building permit. 34.All new property line survey monuments shall be set on private property, unless otherwise approved. 330 of 443 35. The parcel map/final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. Fire 36. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA). 37_ Fire Sprinkler, Fire Alarm, Fire Protection Systems and Fire Underground plans are to be directly submitted to the National City Fire Department under separate permit for review and permitting. Fees along with 3 sets of plans including all "Cut Sheets and Calculations" shall be included upon submittal. Plan review shall be a 30-day plan review pr VVebb ui 21 working days. A fire department connection will be required for this site. 38. Supervision (Fire Alarm) of sprinkler piping and fire detection devices shall be automatically supervised where more than 20 sprinklers are on the system. An annunciator panel will be required Planning 39. No plans for construction shall be approved until East 30th Street has been restriped and the red curbing along the property frontage removed to the satisfaction of the City Engineer. 40_A minimum of one on -site parking space shall be dedicated to commercial customers and shall be accessible to those with disabilities. 41. All future signage for the commercial units (live/work) shall be in compliance with Chapter 18.47 of the National City Municipal Code. 42. The landscape plan submitted for grading and/or construction shall meet all regulations contained in Chapter 18.44, including all required street trees. Sweetwater 43. Fire Service, water meter, and valve placement locations and design shall comply with the Authority's minimum required clearances. 331 of 443 2016-23 S — 341 East 30th Street — Site Photos East 30th Street frontage looking north "D" Avenue frontage looking west 332 of 443 7 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING TENTATIVE SUBDIVISION MAP FOR A MIXED -USE CONDOMINIUM PROJECT TO BE LOCATED AT 341 EAST 30TH STREET. CASE FILE NO.: 2016-23 S APN: 562-190-32 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, May 15, 2017, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Raintree Residential, LLC) The applicant proposes to construct a 12-unit mixed -use condominium project. The proposal includes approximately 1,600 square feet of commercial space in the form of live/work units along East 30th Street. The construction of for -sale (condominium) units requires a Subdivision Map. Information is available for review at the City's Planning Department, Civic Center. Members of the public are invited to comment. Written comments shouid be received by the Planning Department on or before 12:00 p.m., play 15, 2017, who can be contacted at 61 9-336-431 0 or planningCa7nationalcityca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DEPARTMENT BRAD RAULSTON Deputy City Manager 333 of 443 P Goof CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF EXEMPTION TO: Assessor/Record/County Clerk Attn: Fish and Wildlife Notices 1600 Pacific Highway, Suite 260 San Diego, CA 92101 MS: A-33 Project s itie: 2016-23 S Project Location: 341 East 30th Street, National City, CA 91950 Lead Agency: City of National City Contact Person: Martin Reeder Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: Tentative Subdivision Map for a 12-unit mixed -use condominium project with 1,600 square feet of commercial space. Applicant: Raintree Residential, LLC c/o: Michael Kootchick -i 1855 Sorrento \daiie y Road, Suite D San Diego, CA 92121 Exempt Status: Telephone Number: (858) 273-8800 ZI Categorical Exemption. Class 32 Section 15332 (In -Fill Development Projects) Reasons why project is exempt: There is no possibility that the proposed use will have a significant impact on the environment because the property is currently developed and surrounded by existing residential developments. In addition, the land use and zoning designations allow for the density requested, which was analyzed as part of the environmental document associated with the most recent land use update. There is no natural habitat in the area or bodies of water present on -site. Date: MARTIN REEDER, AICP Principal Planner 334 of 443 Item no. 7 May 15, 2017 RESOLUTION NO. 2017-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A TENTATIVE SUBDIVISION MAP FOR A MIXED -USE CONDOMINIUM PROJECT TO BE LOCATED AT 341 EAST 30TH STREET. CASE FILE NO. 2016-23 S APN: 562-190-32 WHEREAS, the Planning Commission of the City of National City considered a Tentative Subdivision Map for a mixed -use condominium project to be located at 341 East 30th Street at a duly advertised public hearing held on May 15, 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. 2016-23 S 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 N tiona! City, California, that the testimony and evidence presented to the Harming Commission at the public hearing held on May 15, 2017, support the following findings: 1. The proposed map is consistent with the National City General Plan and applicable specific plans, because the project is in compliance with all required density and floor area maximums; provides additional home and business ownership opportunities, consistent with the General Plan and Housing Element; and meets ail requirements of the Subdivision Ordinance (NCMC Title 17), including minimum lot size and dimension. 2. The site is physically suitable for the proposed type of development, because the 12,500 square -foot lot can accommodate the requested number of units within the limits for density and floor area established by the General Plan and Land Use Code. ATTACHMENT 7 335 of 443 Planning Commission Meeting of May 15, 2017 Page 2 3. The site is physically suitable for the proposed density of development, because the proposed multi -family residential development, at a density of 41 units per acre, is less than the 48 units per acre allowed in the Minor Mixed -Use Corridor (MXC-1) zone, and the proposed infill development increases the available housing units in the City. 4. The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, because there is no natural habitat in the area or bodies of water present on -site. In addition, the property is surrounded by urban development and is currently developed with a residential use. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, because the property is currently developed and surrounded by existing residential developments. In addition, the land use and zoning designations allow for the density requested, which was analyzed as part of the environmental document associated with the most recent land use update. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, because no such easements would be affected by the proposed development. The discharge of saver ge waste from the subdivision into the Cti of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6, because the project is required to install and/or upgrade to current requirements for sewage disposai by the Conditions of Approval of this permit. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources, because the project will provide eleven new homeownership opportunities, which is consistent with and encouraged by the City's Housing Element. 336 of 443 Planning Commission Meeting of May 15, 2017 Page 3 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage, because the existing property is already developed and the site is surrounded by existing residential development. All new construction proposed in the future will be in compliance with the California Building Code, which takes such factors in to consideration. 10. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, because staff has determined the proposed use to be categorically exempt from environmental review pursuant to Class 32 Section 15332 (In -Fill Development Projects), for which a Notice of Exemption will be filed subsequent to approval of this Tentative Subdivision Map. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Tentative Subdivision Map authorizes a 12-unit mixed -use condominium project located at 341 East 30th Street. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibits A - Revised and B-Revised, Case File No. 2016-23 S, dated 3/16/2017). 2. Before this Tentative Subdivision Map shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Tentative Subdivision Map. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Tentative Subdivision Map are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the City Manager or assign prior to recordation. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk. 337 of 443 Planning Commission Meeting of May 15, 2017 Page 4 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 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 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 SVVPHJ 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 Pian (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. 338 of 443 Planning Commission Meeting of May 15, 2017 Page 5 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 plan/drainage plan is available at the Engineering Department. 13.AI1 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. Separate street and sewer plans prepared by Registered Civil Engineer, shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. 16.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. All soils report findings and recornrnendations shall be part of the Engineering Department requirements. 17.The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced. 18.The existing pedestrian ramp on the northwest corner at the intersection of "D" Avenue and 30th Street shall be removed and replaced with standard ramp complying with the ADA requirements and the Regional Standard Drawings. 19. The existing street improvements along the property frontage(s) shall be kept free from weed growth by the use of special weed killers, or other approved methods. 339 of 443 Planning Commission Meeting of May 15, 2017 Page 6 20.A11 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 restore them after completion 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. 21. 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. 22. 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. 23.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. 24. All new dwellings are subject to a Transportation Development Impact Fee. This includes new homes, condos and apartments. 25.AII electrical, telephone and similar distribution service wires for the new structure(s) shall be placed underground. 26.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. 27. 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. 28. The final parcel map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 29. The developer shall submit to the Fire Department a letter from Sweetwater Authority stating existing fire flow. If determined by the Fire Department that additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Sweetwater Authority prior to obtaining the final map approval. 30. Separate water and sewer laterals shall be provided to each lot/parcel. 31. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 340 of 443 Planning Commission Meeting of May 15, 2017 Page 7 32. SUSMP documentation must be submitted and approved. 33.The final map shall be recorded prior to issuance of any building permit. 34.AII new property line survey monuments shall be set on private property, unless otherwise approved. 35. The parcel map/final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. Fire 36. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA). 37. Fire Sprinkler, Fire Alarm, Fire Protection Systems and Fire Underground plans are to be directly submitted to the National City Fire Department under separate permit for review and permitting. Fees along with 3 sets of plans including all "Cut Sheets and Calculations" shall be included upon submittal. Plan review shalt be a 30-day plan review process or 21 working days. A fire department connection will be required for this site. 38. Supervision (Fire Alarm) of sprinkler piping and fire detection devices shall be automatically supervised where more than 20 sprinklers are on the system. An annunciator panel will be required Planning 39. No plans for construction shall be approved until East 30th Street has been restriped and the red c:rbng along the property frontage removed to the satisfaction of the City Engineer. 40.A minimum of one on -site parking space shall be dedicated to commercial customers and shall be accessible to those with disabilities. 41. All future signage for the commercial units (live/work) shall be in compliance with Chapter 18.47 of the National City Municipal Code. 42.The landscape plan submitted for grading and/or construction shall meet all regulations contained in Chapter 18.44, including all required street trees. Sweetwater 43. Fire Service, water meter, and valve placement locations and design shall comply with the Authority's minimum required clearances. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. 341 of 443 Planning Commission Meeting of May 15, 2017 Page 8 BE IT FINALLY Y 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 May 15, 2017, by the following vote: AYES: Garcia, Yamane, Sendt, Flores, Dela Paz, Quintero NAYS: None. ABSENT: Baca ABSTAIN: None. 342 of 443 CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a Public Hearing after the hour of 6:00 p.m., Tuesday, June 6, 2017, in the City Council Chambers, Civic Center. 1243 National City Blvd.; National City, CA., to consider: TENTATIVE SUBDIVISION MAP FOR A MIXED -USE CONDOMINIUM PROJECT TO BE LOCATED AT 34i EAST 30" STREET The Planning Commission conducted a public hearing at their meeting of May 15, 2017 and voted to recommend approval of the Tentative Subdivision Map by a vote by unanimous decision with one member absent. Anyone interested in this matter may appear at the above time and place and be heard. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone &se raised at the Public Hearing described in his noice, or in writien correspondence ence delivered to the undersigned, or to the City Council of the City of National City at, or prior to, the Public Hearing. May 24, 2017 Michael R. Calla, CMC City Clerk ATTACHMENT 8 343 of 443 CC/CDC-HA Agenda 6/6/2017 — Page 344 The following page(s) contain the backup material for Agenda Item: Public Hearing — Weed Abatement: Hearing of the Confirmation of Costs and consideration of report, account and any objections or protests regarding abated properties in National City Parcel Numbers 554 112 15 00, E. 2nd St.; 555 116 07 00, 1140 Hoover Ave.; 344 of 443 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 6th, 2017 AGENDA ITEM NO. ITEM TITLE: Public Hearing —Weed Abatement: Hearing of the Confirmation of Costs and consideration of report, account and any objections or protests regarding ahateri prnpertieS in National City Parcel Numbers 554 112 15 00, E. 2"° St.; 555 116 07 00, 1140 Hoover Ave.; 556 103 19 00, 229 E 3r° St.; 556 412 11 00, 926 E 8th Si; 557 172 09 00, 9 302-1306 E 8th St.; 557 410 26 00, Palm Ave.; 558 022 01 00, 807 Arcadia Pl.; 558 320 21 00, Rachael Ave.; 558 320 22 00, 2112 Rachael Ave.; 560 161 04 00, 232 E. 16th St..; 560 292 07 00, 2026 D Ave.; 561 154 10 00, 1737 Grove St.; 561 160 21 00, 2240 E. 161h St.; 564 010 55 00, Fenton Place; per National City Municipal Code 9.12.020 — Public Nuisance Declared — Weeds and Other Flammable Materials. (Fire) PREPARED BY: Robert Drew/Deputy Fire Marshal PHONE: 336-4558 EXPLANATION: DEPARTMENT: APPROVED BY: In accordance with National City Municipal Code, Chapter 9.12, a report of the proceedings and an accurate account of the cost of abating the nuisance on each separate property shall be filed with the City Council. Notice of the public hearing shall be served in the same manner as summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. Pursuant to National City Municipal Code, Section 1.36.100, the City Council shall consider the Report and Account at the time set for the confirmation of costs hearing, together with any objections or protests by the responsible person or other interested persons. The responsible person or other interested persons may present a written or oral protest or objection to the report and account. At the conclusion of the hearing, the City Council shall by resolution either approve the Report and Account as submitted, or as modified or corrected by the City Council. FINANCIAL STATEMENT: ACCOUNT NO. 001-12124-3561 $25,204.42 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: City Council by resolution approves the Report and Account as submitted or as modified or corrected by City Council. BOARD I COMMISSION RECOMMENDATION: NIA ATTACHMENTS: Fixed Charges Special Assessments - Please see Exhibit "A" 345 of 443 11111111111111[111[1111111111111111111111ifil 346 of 443 347 of 443 348 of 443 CC/CDC-HA Agenda 6/6/2017 — Page 349 The following page(s) contain the backup material for Agenda Item: A Public Hearing to consider a rate adjustment for refuse services including recycling and yard waste disposal provided to National City residences and businesses by EDCO Disposal Corporation. (Engineering/Public Works) 349 of 443 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 6, 2017 AGENDA ITEM NO. ITEM TITLE: A Public Hearing to consider a rate adjustment for refuse services including recycling and yard waste disposal provided to National City residences and businesses by EDCO Disposal Corporation. PREPARED BY: Kuna Muthusamy, Asst. Director PHONE: (619) 336-4383 EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. DEPARTMENT: Engineering/Public Works APPROVED BY:Npy APPROVED: APPROVED: Finance MIS No financial impact to City of National City; rate increases are borne by residents and businesses that use EDCO Disposal Corporation ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Hold public hearing to consider rate adjustment for refuse services BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1 Explanation 2. Notice of Public Hearing to Consider Proposed Rate Increases for Refuse Services 3. Residential Rates Adjustment 4. Commercial Rates Adjustment 5. Rate Comparison of Various Cities 6. National City Rate Schedule 350 of 443 Explanation A Public Hearing to consider a rate adjustment for refuse services including recycling and yard waste disposal provided to National City residences and businesses by EDCO Disposal Corporation A rate adjustment is being proposed due to the increased costs of providing refuse services to residential and commercial users. The rates for trash service are based on various components; landfill and yardwaste rates and tonnage, recyclables sold, and the San Diego consumer price index (CPI). For the Rate Review, the actual total cost/price of budget items is determined, and is compared to budgeted amounts. FY 2018 Rate Factors: Total proposed adjustment is $0.51 (2.84%) per month to the standard residential rate and $3.28 (2.87%) per month to the standard commercial rate. There are four main components to the rate. Landfill As the City is a member of the Regional Solid Waste Authority (RSWA), the landfill portion of the rate is based on approved changes in the RSWA rate. The RSWA rate per ton increased from $41.73 to $42.51 on July 1, 2016, and from $42.51 to $42.90 on July 1, 2017. The increase of $1.17 per ton equates to a weighted average adjustment of $.16 to the standard residential rate and $1.09 to the standard commercial rate. Ratepayers benefitted as a result of EDCO not requesting an increase in 2016. Yardwaste The yardwaste disposal rate will remain at $27.37 with the tonnage remaining similar to last year. This will result in no change to the standard commercial rate and no change to the residential rate. Recycling Changes in recycle values are factored into the rate with increases in values causing rates to decrease, and decreases in values causing rates to increase. Recyclable revenue decreased by $4,327 since the last review period due to reduced revenue on collected recycling and the impacts of scavenging. This equates to an increase adjustment of $.04 to the standard residential rate and $.26 to the standard commercial rate. 351 of 443 Consumer Price Index (CPI) The 2015 published one-year San Diego CPI index is 271.5 (2.4%). This equates to a weighted average adjustment of $.25 to the standard residential rate and $1.55 to the standard commercial rate. EDCO is not requesting the 2016 CPI at this time. EDCO will continue to contribute approximately $150,000 to the City's Enterprise Fund through collections from rate payers. The fund is used to pay for AB939 programs such as Household Hazardous Waste collection arid the city's annual report required by CalRecycle. The fund also pays for hazardous waste disposal collected from the public right-of-way and a street sweeper operator. Summary of rate changes: The total proposed increase of $0.51 (2.84%) per month to the standard residential rate was calculated by adding $0.16 to the rate for refuse, based on a July 1, 2017 increase in the tipping fee of $1.17 per ton; $0.04 to the recycling rate, based on the reduced revenue on collected recycling and the impacts of scavenging; $0. 25 based on the San Diego Consumer Price Index (CPI) for 2015 of 2.45%; and $0.07 due to an increase to the City Franchise Fee and Enterprise Fund. The total proposed increase of $3.28 (2.87%) per month to the standard commercial rate was calculated by adding $1.09 to the rate for refuse, $0.00 to the rate for yard waste, $0.26 to the rate for recycling; $1.55 based on the CPI; and $0.38 due to an increase to the City Franchise Fee and Enterprise Fund. The total proposed rate increases summarized above are for basic service subscribers, and would take effect on July 1, 2017, the beuin; ing of FY 2018, Service Current Monthly Rate Rate ChangeProposed Monthly Rate Single Family Rate $18.09 $0.51 $18.60 Senior Rate $14.49 $0.41 $14.90 Silver Bag (ea) $ 2.48 $0.07 $ 2.55 National City currently pays the lowest residential service base rate in the County. If the total proposed base rate increase is approved, National City would still have the lowest residential service base rate in the County. 352 of 443 City of National City Notice of Public Hearing to Consider Proposed Rate Increase for Refuse Services Notice is hereby given that the City Council of the City of National City will hold a Public Hearing at a regular meeting of the City Council of the City of National City on Tuesday, June 6, 2017, at 6:00 PM, in the Council Chamber of the Civic Center, 1243 National City Blvd., National City, CA 91950 for the purpose of considering an increase in residential and commercial rates for refuse services and waste disposal. At the public hearing, the City Council will consider written protests to the proposed increase in rates received by the City Clerk at 1243 National City Blvd. prior to the conclusion of the public hearing. Only one protest per parcel will be counted. The written protest must include (1) an original signature; (2) identification of the parcel by parcel number or address; and (3) a statement of protest against the increase in the rate. Written protest by e-mail or fax will not be accepted. All members of the public are entitled to make comments and objections at the public hearing whether or not they choose to submit a written protest. However, verbal protests will not be accepted. The rate adjustment is being proposed due to the increased costs of providing refuse services to residential and commercial users. The proposed increases of $0.51 per month for residential users and $3.28 per month for commercial users would be effective for basic service subscribers and would take effect on July 1, 2017. Additional date and information pertaining to this matter may be obtained from the Engineering Department at 1243 National City Blvd., National City, CA 91950 or by calling 619-336-4380. Michael R. Dalla, City Clerk Engineering & Public Works Department 1243 National City Boulevard, National City, CA 91950-4301 619/336-4380 Fax 619/336-4397 www.nationalcityca.gov 353 of 443 Residential Rates Adjustment National City Rate Adjustment - July 1, 2017 Gross Rate Revenue & Franchise Fees Annual Amount Gross Residential Rate Revenue - 2016 S 1,699,505 Less Residential Franchise Fees @ 9 % ($152,955) Less Enterprise Fund (res portion) (S51,671)• Residential Rate Revenue Met of Franchise and Enterprise Fund S 1,494,878 • Revenue Components net of Franchise Fees Revenue Components Met of Franchise Fees) Annual Amount Percentage of Rate Revenue Net of Franchise Fees Residential Rate Revenue Met of Franchise Fees $1,494,878 100.00% Less: Actual Residential refuse Disposal Expense -$543,920 -36.39% Less: Actual Yard Waste Disposal (res portion) -$15,348 -1.03% Add: Recycling Revenue (residential portion) $38,350 2.26% Residential Service Revenue $973,959 64.84% Percentage change In adjustment factors Adjustment Factor Old New Index Change Rate Component Percent Change RSWA Disposal Tipping Fee per Ton S 41.73 $ 42.90 $ 1.17 2.80% YW Tipping Fee per Ton S 27.37 $ 27.37 $ 0.00 0.00% Recycling Revenue Increase 1(Decrease) $41,926 $37,599 $ (4,327) -10.32% CPI- San Diego Index CUUSA424SA0 265.0 271.5 6.49 2.45% Weighted percentage change In adlustment factors Revenue Components Component Weight Rate Component Percent Change Weighted Rate Adjustment Refuse Disposal 36.39% 2.80% 1.02% Yard Waste Disposal 1.03% 0.00% 0.00% Recycling Revenue (Increase)lDecrease -2.26% -10.32% 0.23% Service 64.84% 2.45% 1.59% Totals 100.00% 2.84% Service Apply weighted percentage change to Residential Rates Current Monthly Rate I Weiahtacf Rate Adjustment Rate Change Adjusted Monthly Rate Residential Single Family Rate Senior Rate Silver Bag Multi family recycling per Unit $18.09 $14.49 $2.48 $1.03 2.84% 2.84% 2.84% 2.84% 0.51 U.41 0.07 0.03 18.60 I 14.90 I 2.55 1.06 I Updated Allocation of current rate Change New Rate Allocation Service $10.37. $0.25 $10.57 Landfill $5.79 $0.16 55.95 Enterprise Fund $0.55 $0.02 50.57 Curbside Recycling ($0.36) $0.04 (S0.32) Yard Waste collection $0.16 $0.00 50.16 Franchise Fee (9%) $1.63 $0.05 $1.67 Total Rate $18.09 $0.51 $18.60 354 of 443 Commercial Rates Adjustment National City Rate Adjustment -July 1, 2017 Gross Rate Revenue & Franchise Fees Annual Amount Gross Commercial Rate Revenue - 2016 Less Gross Franchise Fees @ 9 % Less Enterprise Fund (comm portion) Commercial Rate Revenue Net of Franchise Fee and Enterprise Fund 3,583,064 ($322,476) ($103,243) 3,157,345 , P,tivcncu` Components (net of , ;c^chise Fees) Annual Amount Percentage of Rate Revenue Net of Franchise Fees 'Commercial Rate Revenue Net of Franchise Fees $3,157,345 100.00% Less: Actual Commercial Refuse Disposal Expense -$1,223,212 -38.74% Less: Actual Yard Waste Disposal(comm portion) -$31,162 -0.99% Add: Recycling Revenue (comm portion) $77,861 2.47% Commercial Service Revenue $1,980,833 62.74% Percentage change in adiustment factors Adjustment Factor Old New Index Change Rate ComponentPercent Change RSWADisposal lipping Fee per Ton $ 41.73 $ 42.90 $ 1.17 2.80% YW Tipping Fee per Ton $ 27,37 $ 27.37 $ 0.00 0.00% Recycling Revenue Increase J (Decrease) $ 85,123 $ 76,33B $ {B,785} -10.32% CPI- San Diego Index CUUSA424SAo 265.0 271.5 2.45% 2.45% Weighted percentage change in adiustment factors Components of Actual Revenue Component Weight Rate Component Percent Change Weighted Rate Adjustment Refuse Disposal 38 74% 2.80% 1.08% Yard Waste Disposal 0.99% 0.00% 0.00% Recycling Revenue (Increase)IDecrease -2.47% -10.32% 0.25% Service 62.74% 2.45% 1.54% Totals 100.00% 2.87% Service 3 Cu Yard x 1 week Apply weighted percentage change 'o Commercial Rates Weighted Rate I Adjusted Monthly Current Monthly Rate Ad_fusfinent Rate Change I Rate $117.46' $114.18 2.87% $3.28 Updated Allocation of current rate Change Proposed New Allocation Service 303.12 $1.55 $64.67 Landfill $38.98 $1.09 $40.07 Enterprise Fund S3.29 $0.09 S3.38 Curbside Recycling {32.48) $0.26 {52.22) Yard Waste collection 30.99 $0.00 50.99 Franchise Fee (9%) $10.28 $0.29 $10.57 Totai Rate $114.18 993.28 $117.46 355 of 443 Residential Rates - attachment 5 National City - current $18.09 Effective 7/1/15 National City - Proposed $18.60 Proposed 711117 Escondido Coronado Encinitas Santee La Mesa Oceanside Carlsbad Vista Poway Lemon Grove Del Mar San Marcos El Cajon Solana Beach (WM) Chula Vista - 96 gal Imperial Beach $19.21 Effective 111117 $19.71 Proposed 7/1/17 $20.19 Proposed 8/1/17 $20.29 Effective 7/1/16 $20.33 Proposed 7/1/17 $20.53 Effective 7/1/16 $20.82 Effective 711116 $21.18 Effective 7/1/17 $21.59 Proposed 7/1/17 $21.80 Proposed 7/1/17 $21.94 Effective 7/1/16 $22.19 Proposed 711117 $22.66 Effective 7/1/16 $23,80 Effective 7/1/13 $24.03 Effective 9/1/16 $20.29 Proposed 7/1/17 356 of 443 NATIONAL CITY RATE SCHEDULE July 1, 2017 CURRENT PROPOSED PROPOSED MONTHLY MONTHLY CHANGE RUBBISH AND GARBAGE RATE RATE 1. RESIDENTIAL Per month residential single family properties $18.09 $18.60 $0.51 For the second and for each additional residential unit in multiple dwellings which do not exceed four units 2. TRAILER PARKS AND MOTELS One time per week, per unit, per month 3. APARTMENT HOUSES One time per week, per unit, per month 4. SENIOR CITIZEN RESIDENTIAL Per month 5. SILVER BAG SERVICE Per month 6. COMMERCIAL AND INDUSTRIAL ESTABLISHMENTS Up to (2) 40 gallon containers Or (1) 90 gallon automated cart One time per week, per month Up to (4) 40 gallon containers Or (2) 90 gallon automated cart One time per week, per month Up to (6) 40 gallon containers Or (3) 90 gallon automated cart One time per week, per month Up to (8) 40 gallon containers Or (4) 90 gallon automated cart One time per week, per month Up to (10) 40 gallon containers Or (5) 90 gallon automated cart One time per week, per month Additional or unusual accumulation of rubbish (per cubic yard) $14.26 $12.51 $12.70 $14.49 $2.48 $21.60 $40.19 $51.66 $63.85 $83.40 $21.60 $14.66 $0.40 $12.87 $0.36 $13.06 $0.36 $14.90 $0.41 $2.55 $0.07 $22.22 $0.62 $41.34 $1.15 $53.14 $1.48 $65.68 $1.83 $85.79 $2.39 $22.22 $0.62 357 of 443 BOX TYPE REFUSE SERVICE COLLECTION NUMBER YARDS FREQUENCY OF BINS PER MONTH CURRENT PROPOSED PROPOSED MONTHLY MONTHLY CHANGE RATE RATE 1 1 13 $114.18 $117.46 $3.28 2 1 26 $192.73 $198.26 $5.53 3 1 39 $271.30 $279.09 $7.79 4 52 $352.17 $362.28 $10.11 5 65 $433.04 $445.47 $12.43 6 1 78 $513.92 $528.67 $14.75 7 1 91 $594.79 $611.86 $17.07 1 2 26 $195.05 $200.65 $5.60 2 2 52 $349.86 $359.90 $10.04 3 2 78 $504.67 $519.15 $14.48 4 2 104 $657.16 $676.02 $18.86 5 2 130 $809.67 $832.91 $23.24 6 2 156 $962.18 $989.79 $27.61 7 2 182 $1,114.67 $1,146.66 $31.99 1 3 39 $275.92 $283.84 $7.92 2 3 78 $502.36 $516.78 $14.42 3 3 117 $728.80 $749.72 $20.92 4 3 156 $952.94 $980.29 $27.35 5 3 195 $1,177.05 $1,210,83 $33.78 6 3 234 $1,401.19 $1,441.40 $40.21 7 3 273 $1,625.32 $1,671.97 $46.65 1 4 52 $356.78 $367.02 $10.24 2 4 104 $654.86 $673.65 $18.79 3 4 156 $952.94 $980.29 $27.35 4 4 208 $1,248.68 $1,284.52 $35.84 5 4 260 $1,544.45 $1,588.78 $44.33 6 4 312 $1,840.20 $1,893.01 $52.81 7 4 364 $2,135.95 $2,197.25 $61.30 5 65 $43r.67 $450.23 $12.56 2 5 130 $807.36 $830.53 $23.17 3 5 195 $1,177.05 $1,210.83 $33.78 4 5 260 $1,535.20 $1,579.26 $44.06 5 5 325 $1,893.34 $1,947.68 $54.34 6 5 390 $2,251.48 $2,316.10 $64.62 7 5 455 $2,609.65 $2,684.55 $74.90 1 6 78 $518.53 $533.41 $14.88 2 6 156 $959.87 $987.42 $27.55 3 6 234 $1,401.19 $1,441.40 $40.21 4 6 312 $1,828.65 $1,881.13 $52.48 5 6 390 $2,256.12 $2,320.87 $64.75 6 6 468 $2,683.57 $2,760.59 $77.02 7 6 546 $3,111.05 $3,200.34 $89.29 358 of 443 CC/CDC-HA Agenda 6/6/2017 — Page 359 The following page(s) contain the backup material for Agenda Item: A Resolution of the City Council of the City of National City approving an Amendment to the Agreement between the City and EDCO Disposal Corporation to increase the monthly rates for refuse collection services. (Engineering/Public Works) 359 of 443 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 6, 2017 AGENDA ITEM NO. ITEM TITLE: A Resolution of the City Council of the City of National City approving an Amendment to the Agreement between the City and EDCO Disposal Corporation to increase the monthly rates for refuse collection services. PREPARED BY: Kuna Muthusamy, Asst. Director PHONE: (619) 336-4383 EXPLANATION: See attached. DEPARTMENT: kk Engineering/Public Works APPROVED BY: k 1AI44I (,Ui�rl(AA) FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS No financial impact to City of National City; rate increases are borne by residents and businesses that use EDCO Disposal Corporation ENVIRONMENTAL REVIEW: NIA ORDINANCE: INTRODUCTION: STAFF RECOMMENDATION: Adopt resolution approving the proposed Amendment to the Agreement for Collection of Rubbish and Trash in the City of National City by and between the City of Nat onai City and EDCO Disposal Corporation for Services Rendered to increase the rates charged BOARD / COMMISSION RECOMMENDATION: NIA FINAL ADOPTION: L j ATTACHMENTS: 1. Explanation 2. Notice of Public Hearing to Consider Proposed Rate Increases for Refuse Services 3. Residential Rates Adjustment 4. Commercial Rates Adjustment 6. Rate Comparison of Various Cities 6. National City Rate Schedule 360 of 443 • a ! % F.O RN:IA. Oaft • tNC6RPoRger1st, City of National City Notice of Public Hearing to Consider Proposed Rate Increase for Refuse Services Notice is hereby given that the City Council of the City of National City will hold a Public Hearing at a regular meeting of the City Council of the City of National City on Tuesday, June 6, 2017, at 6:00 PM, in the Council Chamber of the Civic Center, 1243 National City Blvd., National City, CA 91950 for the purpose of considering an increase in residential and commercial rates for refuse services and waste disposal. At the public hearing, the City Council will consider written protests to the proposed increase in rates received by the City Clerk at 1243 National City Blvd. prior to the conclusion of the public hearing. Only one protest per parcel will be counted. The written protest must include (1) an original signature; (2) identification of the parcel by parcel number or address; and (3) a statement of protest against the increase in the rate. Written protest by e-mail or fax will not be accepted. All members of the public are entitled to make comments and objections at the public hearing whether or not they choose to submit a written protest. However, verbal protests will not be accepted. The race adjustment is being proposed due to the increased costs of providing refuse services to residential and commercial users. The proposed increases of $0.51 per month for residential users and $3.28 per month for commercial users would be effective for basic service subscribers and would take effect on July 1, 2017. Additional date and information pertaining to this matter may be obtained from the Engineering Department at 1243 National City Blvd., National City, CA 91950 or by calling 619-336-4380. Michael R. Dalla, City Clerk Engineering & Public Works Department 1243 National City Boulevard, National City, CA 91950-4301 619/336-4380 Fax 619/336-4397 www.nationalcityca.gov 361 of 443 Explanation A Public Hearing to consider a rate adjustment for refuse services including recycling and yard waste disposal provided to National City residences and businesses by EDCO Disposal Corporation A rate adjustment is being proposed due to the increased costs of providing refuse services to residential and commercial users. The rates for trash service are based on various components; landfill and yardwaste rates and tonnage, recyclables sold, and the San Diego consumer price index (CPl). For the Rate Review, the actual total cost/price of budget items is determined, and is compared to budgeted amounts. FY 2018 Rate Factors: Total proposed adjustment is $0.51 (2.84%) per month to the standard residential rate and $3.28 (2.87%) per month to the standard commercial rate. There are four main components to the rate. Landfill As the City is a member of the Regional Solid Waste Authority (RSWA), the landfill portion of the rate is based on approved changes in the RSWA rate. The RSWA rate per ton increased from $41.73 to $42.51 on July 1, 2016, and from $42.51 to $42.90 on July 1, 2017. The increase of $1.17 per ton equates to a weighted average adjustment of $.16 to the standard residential rate and $1.09 to the standard commercial rate. Ratepayers benefitted as a result of EDCO not requesting an increase in 2016. Yardwaste The yardwaste disposal rate will remain at $27.37 with the tonnage remaining similar to last year. Th %NW ro[ [lt in nn than— to the rtt.tr.dard c.�,•.•,.nr-rf'ial ?se. t.•1 .:. tL:[.�+.r [. �L:. L:."... ... r•Ci: .:[. . ..iCi: and no change to the residential rate. Recycling Changes in recycle values are factored into the rate with increases in values causing rates to decrease, and decreases in values causing rates to increase. Recyclable revenue decreased by $4,327 since the last review period due to reduced revenue on collected recycling and the impacts of scavenging. This equates to an increase adjustment of $.04 to the standard residential rate and $.26 to the standard commercial rate. 362 of 443 Consumer Price Index (CPI) The 2015 published one-year San Diego CP! index is 271.5 (2.4%). This equates to a weighted average adjustment of $.25 to the standard residential rate and $1.55 to the standard commercial rate. EDCO is not requesting the 2016 CPI at this time. EDCO will continue to contribute approximately $150,000 to the City's Enterprise Fund through collections from rate payers. The fund is used to pay for AB939 programs such as Household Hazardous Waste collection and the city's annual report required by CalRecycle. The fund also pays for hazardous waste disposal collected from the public right-of-way and a street sweeper operator. Summary of rate changes: The total proposed increase of $0.51 (2.84%) per month to the standard residential rate was calculated by adding $0.16 to the rate for refuse, based on a July 1, 2017 increase in the tipping fee of $1.17 per ton; $0.04 to the recycling rate, based on the reduced revenue on collected recycling and the impacts of scavenging; $0. 25 based on the San Diego Consumer Price Index (CPI) for 2015 of 2.45%; and $0.07 due to an increase to the City Franchise Fee and Enterprise Fund. The total proposed increase of $3.28 (2.87%) per month to the standard commercial rate was calculated by adding $1.09 to the rate for refuse, $0,00 to the rate for yard waste, $0.26 to the rate for recycling; $1.55 based on the CPI; and $0.38 due to an increase to the City Franchise Fee and Enterprise Fund. The total proposed rate increases summarized above are for basic service subscribers, and would take effect on July 1. 2017, the beginning of FY 201€. Service Current Monthly Rate Rate ChangeProposed Monthly Rate Single Family Rate $18.09 $0.51 $18.60 Senior Rate $14.49 $0.41 $14.90 Silver Bag (ea) $ 2.48 $0.07 $ 2.55 National City currently pays the lowest residential service base rate in the County. If the total proposed base rate increase is approved, National City would still have the lowest residential service base rate in the County. 363 of 443 Residential Rates Adjustment National City Rate Adjustment- July 1, 2017 Gross Rate Revenue & Franchise Fees Annual Amount Gross Residential Rate Revenue -2016 $ 1,699.505 Less Residential Franchise Fees Q 9 % ($152,955) Less Enterprise Fund (res portion) ($51.671) Residential Rate Revenue Net of Franchise and Enterprise Fund _$ 1,494.878 Revenue Components net of Franchise F Revenue Components (net of Franchise Fees) Annual Amount Percentage of Rate Revenue Net of Franchise Fees Residential Rate Revenue Net of Franchise Fees $1,494,878 100.00% Less: Actual Residential refuse Disposal Expense -$543,920 -36.39% Less: Actual Yard Waste Disposal (res portion) -$15,348 -1.D3% Add: Recycling Revenue (residential portion) $38,350 2.26% Residential Service Revenue $973,959 64.84% Percentage change in adjustment factors Adjustment Factor Old New index Change Rate Component Percent Change RSWA Disposal Tipping Fee per Ton $ 41.73 $ 42.90 $ 1.17 2.80% YWTipping Fee per Ton $ 27.37 $ 27.37 $ 0.00 0.00% Recycling Revenue Increase ! (Decrease) $41,926 $37,599 $ (4,327) -10.32% CPI- San Diego index CUUSA424SA0 265.0 271.5 6.49 2.45% Weighted percentage change in a Revenue Components Component Weight Rate Component Percent Change Weighted Rate Adjustment Refuse Disposal 36.39% 2.80% 1.02% Yard Waste Disposal 1.03% 0.00% 0.00% Recycling Revenue (Increase)IDecrease -2.26% -10.32% 0.23% Service 64.84% 2.45% 1.59% Totals 100.00% 2.84% Service Residential Single Family Rate Senior Rate Silver Bag Multi family recycling per Unit Apply weighted percentage change to Residential Rates Current Monthly Rate j Weighted Rate 1 Adjustment $18.D9 2.84% $1449 2.84%i $2.48 2.84% $1.03 I 2.84% Rate Change Adjusted Monthly ! 0.51 0.41 0.07 1 0.03 Rate 18.60 14.90 2.55 I 1.06 Updated Allocation of current rate Change New Rate Allocation Service $10.32 $0.25 $10.57 Landfill $5.79 $0.16 $5.95 Enterprise Fund $0.55 $0.62 $0.57 Curbside Recycling ($0.36) $0.04 6) (116 Yard Waste collection $0. $O.DO $0.0.16 Franchise Fee (9%) $1.63 $0.65 $1.67 Total Rate $18.49 $0.51 $18.60 364 of 443 Commercial Rates Adjustment National City Rate Adjustment - July 1, 2017 Gross Rate Revenue & Franchise Fees Annual Amount Gross Commercial Rate Revenue - 2016 $ 3,583,064 Less Gross Franchise Fees @ 9 % ($322,476) Less Enterprise Fund (cam m portion) ($103,243) Commercial Rate Revenue Nat of Franchise Fee and Enterprise Fund $ 3,157,345 Revenue Components (net of Franchise Fees) Annual Amount Percentage of Rate Revenue Net of Franchise Fees Commercial Rate Revenue Net of Franchise Fees $3,157,345 100.00% Less: Actual Commercial Refuse Disposal Expense -$1,223,212 -38.74% Less: Actual Yard Waste Disposal(oomm portion) -$31,162 -D.99% Add: Recycling Revenue (comm portion) 877,861 2.47% Commercial Service Revenue $1,980,833 62.74% Percentage than Adjustment Factor • Old New Index Change Rate Component Percent Change RSWA Disposal Tipping Fee per Ton $ 4'..73 $ 42.90 S 1.17 2.80% YW Tipping Fee per Ton $ 27.37 $ 27.37 8 0.00 0.00% Recycling Revenue Increase 1 (Decrease) $ 85,123 $ 76,338 S • (8,785) -10.32% CPI- San Diego Index CUUSA424SA0 265.0 271.5 2.45% 2.45% Weighted percentage cha Components of Actual Revenue Component Weight Rate Component Percent Change Weighted Rate Adjustment Refuse Disposal 38.74% 2.80% 1.08% Yard Waste Disposal 0.99% 0.00% 0.00% Recycling Revenue (Increase)/Decrease -2.47% -10.32% 0 25% Service 62.74% 2.45% 1.545'n Totals 100.00% 2.87% 1Service I3 Cu Yard x 1 week Apply weighted percentage change to Commercial Rates Current Montruy Kate $114.16 Weighted Rate Adjustment 2.87% Rate Change Adjusted Monthly Rate $3.281 $117.46- Updated Allocation of current rate Change Proposed NewAliocation Service $63.12 $1.55 $$4,57 Landfiii $38.98 $1.09 $40.07 Enterprise Fund $3.29 $0.09 $3.38 Curbside Recycling ($2.48) $0.26 ($2.22) Yard Waste collection $0.99 MOD $0.99 Franchise Fee (9%) $10.28 $0.29 $10.57 Tote: Rate $f 14. 18 $3.28 5117.46 365 of 443 Residential Rates - attachment 5 Nationai City - current $18.09 Effective 7/1/15 National City - Proposed $18.60 Proposed 7/1/17 Escondido $19.21 Effective 1/1/17 Coronado $19.71 Proposed 7/1117 Encinitas $20.19 Proposed 8/1117 Santee $20.29 Effective 711/16 La Mesa $20.33 Proposed 711/17 Oceanside $20.53 Effective 7/1/16 Carlsbad $20.82 Effective 7/1/16 Vista $21.18 Effective 7/1/17 Poway $21.59 Proposed 7/1/17 Lemon Grove $21.80 Proposed 7/1/17 Del Mar $21.94 Effective 7/1/16 San Marcos $22.19 Proposed 7/1/17 El Cajon $22.66 Effective 7/1/16 Solana Beach (WM) $23,80 Effective 7/1/13 Chula Vista - 96 gal $24,03 Effective 9/1/16 Imperial Beach $29.29 Proposed 7/1/17 366 of 443 NATIONAL CITY RATE SCHEDULE July 1, 2017 CURRENT PROPOSED PROPOSED MONTHLY MONTHLY CHANGE RUBBISH AND GARBAGE RATE RATE 1. RESIDENTIAL Per month residential single family properties $18.09 $18.60 $0.51 For the second and for each additional residential unit in multiple dwellings which do not exceed four units 2. TRAILER PARKS AND MOTELS One time per week, per unit, per month 3. APARTMENT HOUSES One time per week, per unit, per month 4. SENIOR CITIZEN RESIDENTIAL Per month 5. SILVER BAG SERVICE Per month 6. COMMERCIAL AND INDUSTRIAL ESTABLISHMENTS Up to (2) 40 gallon containers Or (1) 90 gallon automated cart One time per week, per month Up to (4) 40 gallon containers Or (2) 9n gallon automated cart One time per week, per month Up to (6) 40 gallon containers Or (3) 90 gallon automated cart One time per week, per month Up to (8) 40 gallon containers Or (4) 90 gallon automated cart One time per week, per month Up to (10) 40 gallon containers Or (5) 90 gallon automated cart One time per week, per month Additional or unusual accumulation of rubbish (per cubic yard) $14.26 $12.51 $12.70 $14.49 $2.48 $21.60 $40.19 $51.66 $63.85 $83.40 $21.60 $14.66 $0.40 $12.87 $0.36 $13.06 $0.36 $14.90 $0.41 $2.55 $0.07 $22.22 $0.62 $41.34 $1.15 $53.14 $1.48 $65.68 $1.83 $85, 79 $2.39 $22.22 $0.62 367 of 443 BOX TYPE REFUSE SERVICE COLLECTION NUMBER YARDS FREQUENCY OF BINS PER MONTH CURRENT PROPOSED PROPOSED MONTHLY MONTHLY CHANGE RATE RATE 1 1 13 $114.18 $117.46 $3.28 2 1 26 $192.73 $198.26 $5.53 3 1 39 $271.30 $279.09 $7.79 4 1 52 $352.17 $362.28 $10.11 5 1 65 $433.04 $445.47 $12.43 6 1 78 $513.92 $528.67 $14.75 7 1 91 $594.79 $611,86 $17.07 1 2 26 $195.05 $200.65 $5.60 2 2 52 $349.86 $359.90 $10.04 3 2 78 $504,67 $519.15 $14.48 4 2 104 $657.16 $676.02 $18.86 5 2 130 $809.67 $832.91 $23.24 6 2 156 $962.18 $989.79 $27.61 7 2 182 $1,114.67 $1,146.66 $31.99 1 3 39 $275.92 $283.84 $7.92 2 3 78 $502.36 $516.78 $14.42 3 3 117 $728.80 $749.72 $20.92 4 3 156 $952.94 $980.29 $27.35 5 3 195 $1,177.05 $1,210.83 $33.78 6 3 234 $1,401.19 $1,441.40 $40.21 7 3 273 $1,625.32 $1,671.97 $46.65 1 4 52 $356.78 $367.02 $10.24 2 4 104 $654.86 $673.65 $18.79 3 4 156 $952.94 $980,29 $27,35 4 4 208 $1,248.68 $1,284.52 $35.84 5 4 260 $1,544.45 $1.588.78 $44.33 6 4 312 $1,840.20 $1,893.01 $52.81 7 4 364 $2,135.95 $2,197.25 $61.30 5 65 $437.57 $450.23 512.56 2 5 130 $807.36 $830.53 $23.17 3 5 195 $1,177.05 $1,210.83 $33.78 4 5 260 $1,535.20 $1,579.26 $44.06 5 5 325 $1,893.34 $1,947.68 $54.34 6 5 390 $2,251.48 $2,316.10 $64.62 7 5 455 $2,609.65 $2,684.55 $74,90 1 6 78 $518.53 $533.41 $14.88 2 6 156 $959.87 $987.42 $27.55 3 6 234 $1,401.19 $1,441.40 $40.21 4 6 312 $1,828.65 $1,881.13 $52.48 5 6 390 $2,256.12 $2,320.87 $64.75 6 6 468 $2,683.57 $2,760.59 $77.02 7 6 546 $3,111.05 $3,200.34 $89.29 368 of 443 CC/CDC-HA Agenda 6/6/2017 — Page 369 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving a Tentative Subdivision Map for a mixed -use condominium project to be located at 341 East 30th Street. (Applicant: Raintree Residential, LLC) (Case File 2016-23 S) (Planning) 369 of 443 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 6, 2017 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving a Tentative Subdivision Map for a mixed -use condominium project to be located at 341 East 30th Street. (Applicant: Raintree Residential, LLC) (Case File 2016-23 S PREPARED BY: ;Martin Reeder, AICP DEPARTMENT: EPlannin APPROVED BY:f .� PHONE: 36-4313 EXPLANATION: The City Council conducted a public hearing on this item at the June 6, 2017 City Council meeting. The attached resolution is needed to take action on the item. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 3 Section 15332 (In -Fill Development Projects) ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: Finance MIS ATTACHMENTS: Resolution 370 of 443 CC/CDC-HA Agenda 6/6/2017 — Page 371 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City taking action on a Conditional Use Permit for wholesale auto sales and accessory uses at 2000 Roosevelt Avenue. (Applicant: Deborah Falk) (Case File No.: 2016-10 CUP) (Planning) 371 of 443 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 6, 2017 gltnEhInA ITEM NO. ITEM TITLE: !Resolution of the City Council of the City of National city taking action on a Conditional Use Permit for wholesale auto sales and accessory uses at 2000 Roosevelt Avenue. (Applicant: Deborah Faik) (Case File No.: 2016-10 CUP) PREPAR!' BY: Martin Reeder, AICI'1 DEPARTMENT: PHONE: 1619-336-4313 APPROVED BY: EXPLANATION: the City Council conducted a public hearing on this item at the March 21, 2017 City Council meeting. At the hearing, Council voted to disaffirm the decision of the Planning Commission, which was to deny the Conditional Use Permit (CUP), and direct staff to bring back a resolution to approve a modified CUP limiting the business to wholesale auto sales with accessory new car preparation (including detail), outdoor vehicle storage, electrical and trim installation (optional equipment for new vehicles), and employee parking. At the May 2, 2017 City Council meeting, the City Council voted to deny the resolution approving the modified CUP. Four community members spoke in support of granting the CUP, and two spoke against. The Council asked staff to return with a resolution denying the CUP request. Resolutions for both denial and approval have been attached in an effort to expedite proceedings. Adoption of one of the attached resolutions is needed to take action on the item. FINANCIAL S`� A`I EIIIiN`I ACCOUNT NO. APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 3 Section 15303 (New Construction or Conversion of Small Structures) ORDINANCE: INTRODUCTION: STAFF RECOMMENDATION: Adopt the Approval Resolution FINAL ADOPTION: E , bCARD / COMMISSION RECOMMENDATION: 1. Denial Resolution 2. Approval Resolution 372 of 443 CC/CDC-HA Agenda 6/6/2017 — Page 373 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City Authorizing the Execution of an Order of Vacation of the southerly 40 feet of East 15th Street and the alley between East l5th and 16th Streets related to the "Park Lofts" project located at 1509 373 of 443 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 6, 2017 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City Authorizing the Execution of an Order of Vacation of the southerly 40 feet of East 151" Street and the alley between East 15" and 16" Streets related to the "Park Lofts" project located at 1509, 1531, 1535 National City Blvd. and 49 East 161" Street. (Applicant: Paradise Creek Holding Corporation) (Case File No. 2012-03 SC); 44 PREPARED BY: 'Martin Reeder, AICP DEPARTMENT: �pl APPROVED BY: PHONE: ;619-336-4313' EXPLANATION: The project site is the block south of the National City Library in Development Zone 13 of the Downtown Specific Plan. The approximately 1.92-acre site is comprised of four parcels on the east side of National City Blvd. between East 15th and 16 Streets and adjacent to Kimball Park. A Tentative Subdivision Map and Downtown Specific Plan Consistency Review were approved in 2006 for a 306-unit mixed -use project. A Street Vacation was also processed for the alley bisecting the property and for the southerly 40 feet of the East 15" Street right-of-way (currently 65 feet wide). Plans originally included a paseo in place of East 15" Street, which was subsequently removed from the proposal due to a new parking lot in Kimball Park. The City Council adopted a resolution approving modification of the original approval, now as a 201-unit project, at their meeting of October 7, 2014. The ordering of the vacation (the last step in the street vacation process) was conditioned to be done prior to recordation of the Final Map, which had not yet been approved by the City Council. Now that the Final Map has been approved, the vacation can be ordered. The attached Order to Vacate is needed to take action on the item. FINANCIAL S'i'ATEiYfiElrfl i : ACCOUNT NO. APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: An Addendum, prepared September 10, 2009, to the National City Downtown Specific Plan, Final Program Environmental Impact Report, February 2005, SCH #2004011110 ORDINANCE: INTRODUCTION: ! FINAL ADOPTION: STAFF RECOMMENDATION: Order vacation of the segment of East 151" Street and alley described in Exhibits "A" & "B" attached herein. BOARD / COMMISSION RECOMMENDATION: The City Council approved the street vacation at a public hearing held on October 7, 2014. ATTACHMENTS: '1. City Council Resolution 2014-146 2. Order of Vacation 3. Exhibit "A" — Street Vacation 4. Exhibit "B" = Alley Vacation: 374 of 443 RESOLUTION NO, 2014 —146 I?ESOLIUTION OF THE CITY COI ►NCIL OF THE CITY OF NATEONAL CITY APPROVING A MODiFiCATION OF A PREVIOUSLY APPROVED TENTATIVE SUBDIVISION MAP AND CONSISTENCY REVIEW FOR "PARK LOFTS" LOCATED AT 1509, 1531, AND 1535 NATIONAL CITY BOULEVARD (PARADISE CREEK HOLDING CORPORATION) WHEREAS, the City Council considered a modification of a previously approved Tentative Subdivision Map and Consistency Review for "Park Lofts" located at 1509, 1531, 1535 National City Blvd., at a duly advertised public hearings held on October 7, 2014, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing, the City Council considered the staff report provided for Case File No. 2012-03 S, DSP, 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 and City law; and WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the evidence presented to the City Council at the public hearing held on October 7, 2014, supports the following findings: 1. The project is consistent with the Downtown Specific Plan for which an Environmental Impact Report was certified and Mitigation Measures and a Mitigation Monitoring and Reporting Program (February 2005 SCH # 2004011110) were adopted. 2. The proposed map is consistent with the General Plan since it is consistent with and implements the Downtown Specific Plan, which is a further refinement of the goals and objectives of the General Plan. 3. The site is physically suitable for the proposed type of development since the proposed project and all req, sired improvements oar! be prr .ridedl on cite, artd the project would comply with the applicable development standards or has been granted the appropriate exemptions. 4. The site is physically suitable for the proposed density of development since the proposed project and all requires improvements can be provided on site, and the project would comply with the applicable development standards or has been granted the appropriate exemptions. 5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the site is was previously developed and is located in a completely urbanized area. 6. The design of the s ilridiiyi�ion and the proposedireq hired improvements are net likely to cause serious public health problems, since all necessary public services, facilities, infrastructure, and utilities will be provided. ATTACHMENT 1 375 of 443 Resolution No. 2014— 146 Page Two October 7, 2014 7. The design of the subdivision and the proposed/required improvements will riot conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, or such easements will be provided or relocated as required. 8. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 9. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 10. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and imp. ovement requirements without requiring reduction in allowable density or lot coverage. BE IT FURTHER RESOLVED that the application for Tentative Subdivision Map and Consistency Review is approved subject to the following conditions: 1. Mitigation Measures. The Tentative Subdivision Map shall be subject to all applicable mitigation measures of the adopted Mitigation Monitoring and Reporting Program of the certified Environmental Impact Report for the Downtown Specific Plan. 2. Approved Exhibit. The Tentative Subdivision Map authorizes the subdivision of the subject property for condominium purposes in conformance with Exhibit "A", Case File No. 2012-03 DSP, S, dated February 6, 2012, except as modified by the Conditions of Approval. 3. Consistency Review. The Tentative Subdivision Map shall be consistent with Downtown Specific Plan Consistency Review (2012-03 DSP). 4. Landscape Plans. The applicant shah submit landscape and irrigation plans for approval and small install and construct ail improvements pursuant to The approved plans prior to occupancy. 5. Lightinq Plans. The applicant shall submit lighting plans for approval and shall install and construct all lighting pursuant to the approved plans prior to occupancy. Lighting shall be designed to provide adequate illumination for safety, security, identification, and direction as well as for landmark visibility of the primary buildings and/or significant features of the project. 16. Sign Program. The applicant shall submit a sign program for approval, and all signs shall be designed and installed pursuant to the approved sign program. 17, Public Art Program. The applicant shall submit a public art program fair approval and shall install, construct, or implement the approved public art program prior to occupancy. The 376 of 443 Resolution No. 2014 —146 Page Three Cctnher 7, 2014 installation shall cost no less than a half -percent of the project valuation. The applicant may also pay an in -lieu fee of no less than a half -percent of the project valuation. 18. Public Improvements. The applicant shall submit improvement plans for all adjacent public rights -of -way for approval. The plans shall be consistent with the Downtown Specific Plan, including the ©pen Space Framework, the Streetscape Master Plan; and the Design Guidelines. The improvements shall include but not be limited to streets; alleys; curbs and gutter; sidewalks; medians; parkways; landscape; street lights; street furniture; traffic control; parking facilities; utilities; water, sewer, and drainage facilities; and other necessary facilities and infrastructure. The applicant shall install and construct the improvements pursuant to the approved plans prior to occupancy. 19. Engineerinq Requirements. The applicant shall comply with all engineering requirements, including the listed requirements. a) 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. b) The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation Plan (SUSMP) is required to be completed and submitted to 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), an approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMF shall be prepared by a Registered Civil Engineer. c) 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 Poiiution Prevention Plan (SWPFP) for the project. An approved SA/PPP will be required prior to issuing of a construction permit. d) Ali surface run-off shail be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet Adjacent properties shall be protected from surface run-off resulting from this development e) 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 e�� I pm n chst! be implemented th the design of the ra nn Thic o e!! udc e or� e t �,r,e - �..,u W.'e � ..,..: .:.�,��, ... grading. „hu.. incl the provision of such devices as storm drain interceptors, clarifiers, or filters. Best 377 of 443 Resolution No. 2014 — 146 Page Four October 7. 2014 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. The checklists for preparation of the grading plan, drainage plan, and Standard Urban Stomi Water Mitigation Plan (SUSMP) are available at the Engineering Department_ f) A National Pollutant Discharge Elimination System (NPDES) permit is required for discharged of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall be given to the City of National City Engineering Department prior to any work beginning on the project. A sewer permit will be required. A sewer study shall consider the adequacy of the existing sewer system. The sewer study recommendations shall be part of the Engineering Department Requirements. 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 8-inch in size with a clean out and the installation of a manhole in the street. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. A sewer main runs through the alley that shall be addressed or relocated if building is to be constructed in this location. h) A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure. As a minimum, the punting lot pavement sections shall be 2-inch A.C. over flinch Class II aggregate base. The street pavement sections shall be in accordance with N tinnRI City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. I) The deteriorated portions of existing street improvements (including sidewalks and curbs) along the property frontages shall be removed and replaced, unless other funding sources become available that allow alternative options. j) 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 g) k) Street improvements shall be in accordance with City Standards. Abandoned driveway aprons shall be replaced with curbs, gutters, and sidewalks. I) A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership of the property. 378 of 443 Resolution No. 2014 — 146 Page Five October 7, 2014 m) 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. n) An existing 35-foot wide drainage easement reserved to the City of National City exists at the south side of the property. No building encroachment will be allowed within the easement. The easement shall be shown on the grading plans and on the final map o) The Final Map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. p) The subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the Final Map approval. q) The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the Final Map. r) The proposed street and alley vacation at this site shall be approved by the City council prior to the final map approval. City vehicle access shall be provided to maintain the park. s) A!! utility distribution facilities within the boundaries of the subdivision, end within the half street abutting the new subdivision, shall be placed underground_ t) The Final Map shall be recorded prior to issuance of any building permit. u) All new property line survey monuments shall be set on private property, unless otherwise approved. v) The Final Map shag use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian and the north point shall appear an the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 20. Public Works Requirements. The applicant shall comply with all public works requirements, including the listed requirements. 379 of 443 Resolution No. 2014 —146 Page Six October 7. 2014 a) The developer shall replace the existing sidewalks adjacent to the project. b) The developer shall replace the existing street trees with a tree palette commensurate with the building's architecture and adjacent landscaping theme. c) The developer shall install streetlights along street and paseo frontages. d) Vine type plants shall be planted to cover the wall along the east project boundary, and shall be maintained by the project HOA. 21. Fire Department Requirements. The applicant shall comply with al! Fire Department requirements, including the listed requirements. a) The project shall be built to code. The National City Fire Department utilizes the 2013 edition of the California Fire Code and the current edition of the National Fire Protection Association (NFPA) Codes and Standards. b) Sprinkler piping and fire detection devices shall be automatically supervised where more than 20 sprinklers are on the system per NFPA 13, Chapter 7 Section 7.3.2.4 Supervision. A fire alarm system is required. c) Standpipes shall be required at ground level due to zero emergency access. A fire protection engineer shall be contacted for direction on design. d) Circumferential travel, including the area containing tennis courts and the skate park, is required. If no circumferential travel is provided, emergency access through buildings will be required per the CFC Chapter 5 and Appendix D. This comment shail be memorialized on all submitted plans as discussed in meeting which occurred on January 4, 2012, at City Hail. e) if a sprinkler andior alarm system is required, p!ans for such systems shall be submitted directly to the National City Fire Department. 22, Buildings Department Requirements. Plans submitted for construction shall comply with the 2013 editions of the California Accessibility, Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential, and Green Codes. 23. Police Department Requirements. The applicant shall comply with all Police Department requirements, including the listed requirements. a) The project shall comply with the crime free multi -housing criteria and crime prevention through environmental design standards. b) The project shall incorporate a camera system for security monitoring purposes of the common open public spaces and retail areas of this project. Such camera system should be compatible to operationally integrate with the current Police Department security camera project scheduled for various areas throughout the City. 380 of 443 Resolution No. 2014 —146 Page Seven October 7, 2014 24. Covenants. Conditions, and Restrictions. The applicant shall submit a declaration of covenants, conditions, and restrictions for approval prior to approval of a final subdivision map. The CC&Rs shall run with the and, clearly setting forth privileges and responsibilities, including maintenance, involved in the common ownership of buildings, streets, parking areas, walks, open spaces, recreation areas, utilities, and common areas and facilities. The CC&Rs shalt allow the City of National City the authority but not the obligation to assume the maintenance of the property and assess the full cost, including overhead costs, as a lien against the property if said property is not adequately maintained pursuant to the CC&Rs. The CC&Rs shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. The CC&Rs shall be approved as to form and content by the City Attorney of the City of National City. 25. Property Owners Association. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess properties that are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all such common areas and facilities. Such entity shall operate under recorded CC&Rs approved by the City of National City, which shall include compulsory membership of all property owners and flexibility of assessments to meet changing costs of maintenance, repairs, and services. 26. Landscape Maintenance District. Pursuant to the Implementation Program of the Downtown Specific Plan. if a landscape maintenance district is formed, the subject property shall be incorporated into the landscape maintenance district and assessed as provided for in the district for purposes for which the district was formed. 27. Parking District. Pursuant to the implementation Program of the Downtown Specific Plan, if a parting district is formed, the subject property shall be incorporated into the parking district and assessed as provided for in the district for purposes for which the district was formed. 28. Acceptance of Conditions. The applicant and property owner shall sign and have notarized an Acceptance Form acknowledging and accepting all conditions of approval of this permit. Failure to return i the signed and notarized Acceptance Form within 30 days of approval of this permit shall automatically terminate this permit. The applicant shall record a Notice of Restriction on Real Property with the San Diego County Recorder. The Notice of Restriction shall provide that the conditions of approval of this permit are binding on all present and future interest or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney of the City of National City and signed by the City Manager of the City of National City prior to recordation. 29. Expiration. The approved Tentative Subdivision Map shall expire two years after the effective date of approval unless prior to that date a request for a time extension not exceeding three years has been filed as provided by Municipal Code Section 17.04.070. 30. Plans submitted for construction permits shall kin compliance with all required parkingrng standards as set forth in the Land Use Code and/or the Downtown Specific Plan. 381 of 443 Resolution No. 2014 —146 Page Eight October 7, 2014 31. A faux storefront/window treatments shall be installed along the south and north elevations of each building to the extent feasible. BE IT RESOLVED that this Resolution shall become effective, final, and conclusive on the day following the City Council meeting where this Resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. PASSED and ADOPTED this 7"' day of October, 2014. ATTEST: � h R. DallaC ` CI , Michael erk ROVED �S TO l=O' t i44.; Lie 8_ eh, audia cit a Silva City Attorn on ornson. ewr on ornson, ayor 382 of 443 Passed and adopted by the Council of the City of National City, California, on October 7, 2014 by the following vote, to -wit: Ayes: Councilrnembers Cano, Morrison, Natividad, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of Notional City, California City C erk of the City f National City, Caiifornia By: Deputy i HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2014-146 of the City of National City, California, passed and adopted by the Council ofCity on October 7, 2014. City Clerk of the City of National City, California By: Deputy 46.111.1 383 of 443 ORDER OF VACATION The City of National City, by authority of Resolution No. 2014-146 duly adopted on October 7, 2014 by the City Councii of the City of National City, hereby orders the vacation of the southerly 40 feet of15th Street t e • l City East i3e�vveEit National �..i� Boulevard and Kimball Park and the alley between East 15th and 16th Streets east of National City Boulevard, more particularly described in Exhibits "A" and "B", attached hereto. Executed this 16th day of May, 2017. RON MORRISON, MAYOR MICHAEL R. DALLA, CITY CLERK ATTACHMENT 2 384 of 443 LEGAL DESCRIPTION FOR STREET VACATION OVER A PORTION OF 15TH STREET IN THE CITY OF NATIONAL CITY BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF 'A SEC. 154 AND THE CENTERLINE OF 16TH STREET ACCORDING TO MAP THEREOF NO 552, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JULY 2, 1888 AND RECORD OF SURVEY MAP NO 15443 RECORDED FEBRUARY 28, 1997 1N BOOK OF SURVEY MAPS AT PAGE 15443, FILE NO. 97-0091435; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SEC 154, NORTH 17°44'21" WEST 330.35 FEET TO THE CENTERLINE OF 15TH STREET; THENCE ALONG SA113 CENTERLINE NORTH 72°06'33" EAST 39.89 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CENTERLINE NORTH 72°06'33" EAST 291.28 FEET TO THE CENTER LINE OF "A" AVENUE (CLOSED); THENCE SOUTH 17°45'43" EAST 40.00 FEET ALONG THE CENTERLINE OF "A" AVENUE (CLOSED) TO THE INTERSECTION OF THE SOUTHERLY LINE OF SAID 15TH STREET; THENCE ALONG SAID SOUTHERLY LINE SOUTH 72°06'33" WEST 291.19 FEET TO THE NORTHEASTERLY LINE OF NATIONAL CITY BOULEVARD PER SAID MAP NO 552, AND SAID RECORD OF SURVEY MAP NO 15443; THENCE ALONG SAID NORTHEAS I ERLY LINE OF NATIONAL CITY BOULEVARD NORTH 17°53'27" WEST 40.00 FEET TO THE TRUE POINT OF BEGINNING. vaO ESsro, c. 7 ` ivn. C 28g26 Ezp.3-31-07 ATTACH"." .NT 3 385 of 443 EXHIBIT' �1 cq�� 1 "r-% EX 15' STREET VACATION N72°06' 39.8' WESTERLY LINE OF 1/4 SEC. 154 N17°45`43°W 40,00' PREVIOUSLY "A" AVENUE N72°06'37'E 0,0 ' INTERSECTION OF WESTERLY LINE OF 1/4 SEC. 154 & CL OF 16TH STREET. LEGENQ DENOTES AREA OF 15TH STREET, TO BE VACATED eTh 386 of 443 LEGAL DESCRIPTION FOR ALLEY LEY VACATION BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF 1/4 SEC. 154 AND THE CENTERLINE OF 16TH STREET; THENCE NORTHERLY ALONG THE WESTERLY LINE OF 'A SEC 154, NORTH 17°44'21" WEST 330.35 FEET TO THE CENTERLINE OF 15TH STREET ACCORDING TO MAP THEREOF NO 552, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JULY 2,1888 AND RECORD OF SURVEY MAP NO 15443 RECORDED FEBRUARY 28, 1997 IN BOOK OF SURVEY MAPS AT PAGE 15443, FILE NO.97-0091435; THENCE ALONG THE CENTERLINE OF SAID 15TH STREET NORTH 72°06'33" EAST 39.89 FEET; THENCE CONTINUING ALONG SAID CENTERLINE NORTH 72°06'33" EAST 291.28 FEET TO THE CENTER LINE OF "A" AVENUE (CLOSED); THENCE ALONG THE CENTERLINE OF SAID "A" AVENUE (CLOSED) SOUTH 17°45'43" EAST 40.00 FEET TO THE SOUTHERLY LINE OF SAID 15T STREET; THENCE ALONG SAID SOUTHERLY LINE SOUTH 72°06'33" WEST 155.59 FEET TO THE NORTHEASTERLY LINE OF "ALLEY" PER MAP THEREOF NO 552, AND SAID RECORD OF SURVEY MAP NO 15443, ALSO BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 17°45'00" EAST 250.35 FEET TO THE NORTH LINE OF 16TH STREET; THENCE ALONG SAID NORTH LINE, SOUTH 72°06'37" WEST 20.00 FEET TO THE SOUTHWESTERLY LINE OF SAID "ALLEY"; THENCE ALONG SAID SOUTHWESTERLY LINE, NORTH 17°45'00" WEST 250.35 FEET TO THE SOUTHERLY LINE OF SAID 15TH STREET; THENCE ALONG SAID SOUTHERLY LINE OF 15TH STREET, NORTH 72°06'33" EAST 20.00 FEET TO THE TRUE POINT OF BEGINNING. ATTACHMENT 4 387 of 443 EXHIBIT B EX 15' STREET VACATION N72°06'3 °E 39,89' WESTERLY LINE OF 1/4 SEC. 154 N17°45'43°W 40.00' PREVIOUSLY "A" AVENUE 16. 72°06'37'E 0.0' INTERSECTION OF WESTERLY LINE OF 1/4 SEC. 154 & CL OF 16TH STREET. LEGEND DENOTES AREA OF ALLEY, TO BE VACATED - ?NA 388 of 443 CC/CDC-HA Agenda 6/6/2017 — Page 389 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City adopting a budget for Fiscal Year 2018 (Finance) 389 of 443 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 6, 2017 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City adopting a budget for Fiscal Year 2018. PREPARED BY: Mark Roberts, Director of Finance PHONE: 619-336-4265 EXPLANATION: See attached staff report. DEPARTMENT: Finance APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. See attached staff report. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: See attached staff report. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Staff Report 2. Fiscal Year 2018 Proposed Budget 3. Resolution 390 of 443 RESOLUTION NO. 2017 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING A BUDGET FOR FISCAL YEAR 2018 WHEREAS, on April 25, 2017, a preliminary budget for the 2018 fiscal year was submitted to the City Council and said budget has been discussed and deliberated in public session. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the budget for the fiscal year beginning July 1, 2017, with City expenditures totaling $x is hereby approved, adopted, and appropriated. BE IT FURTHER RESOLVED that the fund appropriations set forth in the "Total Expenditures" column of Attachment "1" shall be the maximum expenditures authorized for those funds. The City Manager is hereby authorized to make budgetary revisions between budget departments within a fund. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to transfer monies up to the maximum set forth in the "Transfers" column in Attachment "2." BE IT FURTHER RESOLVED that the City Council does hereby authorize and approve the number and classification of employees in the respective functions, departments, and/or activities as set forth in the Fiscal Year 2018 Adopted Budget. PASSED and ADOPTED this 6th day of June, 2017. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Ron Morrison, Mayor 391 of 443 CITY OF NATIONAL CITY FUND TRANSFERS DETAIL FISCAL YEAR 2018 From 001 001 001 001 001 125 172 120 195 246 104 105 109 166 172 320 502 532 626 627 629 643 General Fund General Fund General Fund General Fund General Fund Sewer Service Fund Trash Rate Stabilization Fund Plan Checking Revolving Fund Mile of Cars LMD WINGS Grant Fund Library Fund Parks Maintenance Fund Gas Taxes Fund Nutrition Fund Trash Rate Stabilization Fund Library Grants Fund Housing Choice Voucher Fund Low & Moderate Income Housing Asset Fund Facilities Maintenance Fund Liability Insurance Fund Information Systems Maintenance Fund Motor Vehicle Service Fund To 104 Library Fund 105 Parks Maintenance Fund 166 Nutrition Center Fund 212 Post Employment Benefits Fund Irrevocable Supplemental Pension 729 Trust 644 Vehicle Replacement Fund 644 Vehicle Replacement Fund 001 General Fund 001 General Fund 104 Library Fund Irrevocable Supplemental Pension 729 Trust Irrevocable Supplemental Pension 729 Trust Irrevocable Supplemental Pension 729 Trust Irrevocable Supplemental Pension 729 Trust Irrevocable Supplemental Pension 729 Trust Irrevocable Supplemental Pension 729 Trust Irrevocable Supplemental Pension 729 Trust Irrevocable Supplemental Pension 729 Trust Irrevocable Supplemental Pension 729 Trust Irrevocable Supplemental Pension 729 Trust Irrevocable Supplemental Pension 729 Trust Irrevocable Supplemental Pension 729 Trust Purpose Operating Subsidy Operating Subsidy Operating Subsidy Retiree Health Benefits Pension Trust Contribution Total (Net) General Fund Impact Vehicle Purchases Vehicle Purchases Administrative Transfer Administrative Transfer Administrative Transfer Pension Trust Contribution Pension Trust Contribution Pension Trust Contribution Pension Trust Contribution Pension Trust Contribution Pension Trust Contribution Pension Trust Contribution Pension Trust Contribution Pension Trust Contribution Pension Trust Contribution Pension Trust Contribution Pension Trust Contribution Total (Net) Other Funds Impact Total, All Funds Transfers $ 801,431 634,940 442,588 186,350 894,767 $ 2,960,076 260,000 210,000 250,000 5,500 405,210 13,821 18,596 12,364 8,644 1,502 11 14,487 5,924 13,988 1,171 7,689 7,036 $ 1,235,943 $ 4,196,019 Attachment 2 392 of 443 CITY OF NATIONAL CITY EXPENDITURE SUMMARY BY OBJECT - ALL FUNDS FISCAL YEAR 2018 Fund Name GENERAL FUND DEPT DEPARTMENT NAME 401 City Council 402 City Clerk 403 City Manager 404 Finance 405 City Attorney 407 Human Resources 409 Non -Departmental 410 City Treasurer 411 Police 412 Fire 416 Engineering & Public Works 419 Housing & Economic Development 420 Neighborhood Services 441 Community Services 443 Planning Personnel Maintenance & Capital Capital Alloc Costs & Expenditure Services Operations' Outlay Improvements Internal Chrgs2 Total 346,722 253,303 1,142,101 1,464,233 731,840 266,460 25,260 20,735,667 8,891,835 1,201,846 241,239 965,386 528,082 506,370 GENERAL FUND TOTAL 37,300,344 Library Fund Parks Maintenance Fund Library Capital Outlay Fund Gas Taxes Fund Sewer Service Fund EMT-D Revolving Fund Nutrition Fund Trash Rate Stabilization Fund Mile of Cars LMD NCJPFA Debt Service Fund Post Employment Benefits Fund Library Bonds Debt Service Fund National City Public Library Donations Fund Community Development Block Grant Fund Library Grants Fund Development Impact Fees Fund Housing Choice Voucher Fund HOME Fund Low & Moderate Income Housing Asset Fund Facilities Maintenance Fund Liability Insurance Fund Information Systems Maintenance Fund Motor Vehicle Service Fund Vehicle Replacement Fund OTHER FUNDS TOTAL Total All Funds Percent Total (not including Allocated Costs & Internal Charges) 1,070,031 1,096,082 743,800 940,918 292,457 489,559 88,439 186,350 327,104 8,226 770,408 306,307 851,359 61,840 485,260 480,931 45,176 43,680 34,000 127,270 139,500 81,265 733,630 2,110 2,028,838 1,099,935 1,210,090 47,610 267,600 483,865 93,015 17,699 62,754 6,236 5,626 38,973 6,306 6,437,584 137,594 127,900 214,325 58,900 344,400 6,384,100 9,500 301,095 10,500 135,995 497,350 382,263 3,900 566,710 2,000 9,966,050 929,704 33,000 1,996,916 2,619,411 1,439,165 652,000 8,199,070 26,675,183 52,393 2,050 25,786 6,236 16,878 5,000 495,000 1,480,000 2,900,000 143,539 59,100 131,624 279,565 69,917 153,305 55,000 18,899 3,656,896 1,184,303 1,057,334 86,793 170,890 904,165 60,648 2,900,000 8,031,978 300,000 200,000 2,083,343 500,000 816,079 209,944 39,611 372,714 524,611 31,354 82,259 34,289 222,454 12,800 352,448 671,309 287,617 393,823 535,437 356,083 1,307,725 1,888,767 941,257 501,030 3,688,630 46,269 26,484,155 11,182,309 3,474,896 375,642 1,442,849 1,922,418 660,033 54,807,501 2,014,010 1,572,744 100,561 1,760,914 7,875,415 301,957 822,008 181,199 135,995 497,350 186,350 382,263 3,900 893,814 10,226 34,289 10,965,148 929,704 352,107 3,217,601 3,357,560 2,907,042 1,526,754 1,480,000 4,051,312 41,508,909 45,499,415 33,112,767 2,220,937 3,400,000 12,083,290 96,316,409 54.02% 39.31% 2.64% 4.04% Attachment 1 393 of 443 CALIFORNIA'+-+F INCORPORATED City Council Staff Report June 6, 2017 ITEM Staff Report: Resolution of the City Council of the City of National City adopting a budget for Fiscal Year 2018. BACKGROUND After a series of internal staff meetings, City Council workshops, and Neighborhood Council meetings staff presents for adoption the Fiscal Year 2018 Proposed Budget for the City of National City. Preparation of the City's budget is a multi -step process, occurring over several months. Development of the fiscal year 2018 budget began in November 2016 with meetings of the City's CIP (Capital Improvements Program) Committee to discuss prioritization of capital projects and vehicle fleet needs. Development of the City's operating budget began in December 2016 with direction to City departments to review their current fiscal year budgets and expenditures and to submit appropriation requests by the end of February. Finance staff met with representatives from each department in March 2017 to review operating budget requests. Finance staff then met with the City Manager in April to finalize the preliminary budget. FISCAL YEAR BUDGET A workshop to present the preliminary budget was held on April 25, 2017. During the workshop, staff provided the Council with the Fiscal Year 2018 Preliminary Budget, highlighting drivers of variances between the adopted fiscal year 2017 appropriations and revenue projections and preliminary fiscal year 2018 estimates. Staff also sought input and direction from the Council regarding proposed additions to the preliminary appropriations, including staff's recommendation to establish and fund an irrevocable supplemental pension trust and/or an irrevocable other postemployment benefits (OPEB) trust with a total initial contribution of up to $1 million. City Council directed staff to restore 1.0 full-time equivalent (FTE) position (a total of 3.0 FTEs were unfunded in the preliminary budget) and requested additional information regarding the establishment of a trust. Staff returned with a report and presentation highlighting the benefits and potential drawbacks of a supplemental pension trust and an OPEB trust at the regular City Council of May 16, 2017, and Council approved the recommendation to approve the establishment of an irrevocable supplemental pension trust with a total contribution of up to $1 million. Having incorporated the Council -authorized changes, as well as adjustments, corrections, and other refinements deemed necessary ksee table below for changes), [staff now presents the City of __— National City Fiscal Year 2018 Proposed Budget for adoption. The proposed budget estimates General Fund revenues and transfers in totalling $53,300,039 and recommends General Fund expenditures and transfers out totalling $57,767,577. The proposed Commented [SS1]: Moved this paragraph so that this statement 1 is true and it actually makes more sense after this explanation. J 394 of 443 Page 2 Staff Report: Resolution of the City Council of the City of National City adopting a budget for Fiscal Year 2018. June 6, 2017 budget estimates overall revenues and transfers in totalling $94,742,333 and recommends overall expenditures and transfers out totalling $100,512,428. Budget Refinements General Fund Expenditures & Transfers Out — Increase/(Decrease) Irrevocable Supplemental Pension Trust Contribution $ 894,767 Restoration of Senior Office Assistant Position (1.0 FTE) 61,026 Reduction of contribution to Gas Taxes Fund CIP (300,000) Adjustments, corrections, & refinements 30,543 Total Expenditures & Transfers Out Changes $ 686,336 Revenues & Transfers In — Increase/(Decrease) Adjustments, corrections, & refinements $ 36,399 Other Funds Expenditures & Transfers Out — Increase/(Decrease) Irrevocable Supplemental Pension Trust Contributions $ 105,233 Reduction of General Fund contribution to Gas Taxes Fund CIP 300,000 Adjustments, corrections, & refinements 141,367 Total Other Funds Expenditures & Transfers Out Changes $ 546,600 Revenues & Transfers In — Increase/(Decrease) Irrevocable Supplemental Pension Trust Contributions $1,000,000 Gas Taxes Fund revenue (SB 1*) 419,962 Adjustments, corrections, & refinements 127,376 Total Other Funds Revenues & Transfers In Changes $1,546,838 * Road Repair & Accountability Act of 2017 FINANCIAL STATEMENT The change in the fund balance of the General Fund expected as a result of projected revenues, expenditures, and transfers is a decrease of $4,467,538. This decrease includes a planned use of fund balance of $1,932,361 for capital spending ($1,037,594) and one-time initial contribution to the Irrevocable Supplemental Pension Trust Fund ($894,767) and a structural deficit of $2,535,177, which is primarily attributable to personnel costs associated with labor agreements with all of the City's three formally represented labor groups, as well as pension contributions and health insurance premiums. General Fund unassigned fund balance is projected to end the current 395 of 443 Page 3 Staff Report: Resolution of the City Council of the City of National City adopting a budget for Fiscal Year 2018. June 6, 2017 fiscal year 2017 at approximately $9.2 million. The use of fund balance estimated for fiscal year 2018 will reduce unassigned fund balance to approximately $4.6 million. The change in fund balance expected to result from non -General Fund activities, as a whole, is a decrease of $1,302,558. The most significant factors in this change includes sewer service transfer and treatment costs of $1,000,000, Low & Moderate Income Housing Fund operating expenses of $358,031, and the above -referenced incoming (General Fund) transfer to the Irrevocable Supplemental Pension Trust Fund of $894,767. Combining all fiscal year 2018 estimated City revenues and expenditures nets a projected overall decrease in fund balance of $5,806,434 (General Fund - $4,503,877, other funds - $1,302,558). RECOMMENDATIONS Accept staffs recommendations, adopting the City of National City Fiscal Year 2018 Proposed Budget as presented. 396 of 443 CC/CDC-HA Agenda 6/6/2017 — Page 397 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving and adopting the annual appropriation limit for Fiscal Year 2018 (Finance) 397 of 443 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 6, 2017 AGENDA ITEM NO. ITEM1]TLE: Resolution of the City Council of the City of National City approving and adopting the annual appropriation limit for Fiscal Year 2018 of $59,313,300. PREPARED BY: Mark Roberts, Director of Finance DEPARTMENT: Finance, PHONE: 619-336-4265 APPROVED BY: (d'*' /ett. EXPLANATION: State law requires the governing body of each local jurisdiction to establish its annual appropriation limit, also known as the "Gann Limit," by resolution each year. The Gann Limit sets a cap on the amount of local government spending that may be financed from tax proceeds. The Gann limit is calculated by multiplying the previous year's limit by the percentage change in the population of the local jurisdiction's county and the percentage change in the California per capita cost of living Based on information provided by the State Department of Finance, the following percentage changes are used in establishing the Fiscal Year 2018 appropriation limit: California per Capita Cost of Living Change 3.69% Change in San Diego County Population 0.92% FINANCIAL STATEMENT: APPROVED: L / 4 Finance ACCOUNT NO. Appropriation limit of $59,313,300 APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve and adopt the resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Resolution 2. Gann Appropriations Limit Calculation Worksheet 1398 of 443 l Resolution No. June 6, 2017 City of National City Gann Appropriations Limit Fiscal Year 2018 Attachment 1 A. Fiscal Year 2017 Gann Appropriations Limit $ 56,681,061 California Per Capita Cost of Living Change converted to a ratio *** 1.0369 Limit Sub -Total 58,772,592 San Diego County Population Change converted to a ratio *** 1.0092 Fiscal Year 2018 Gann Appropriations Limit $ 59,313,300 Gann Limit Recap Total City Appropriations $ 83,527,743 Less: Non -Tax Proceeds 35,816,248 Estimated Appropriations Subject to the Gann Limit $ 47,711,495 FY 2018 Gann Appropriations Limit 59,313,300 Amount of Appropriations Below the Gann Limit $ 11,601,805 Source - State of California, Department of Finance http://www.dof.ca.gov/budgeting/ 5/23/2017 1 of 1 Gann Limit 399 of 443 RESOLUTION NO. 2017 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND ADOPTING THE ANNUAL APPROPRIATION LIMIT OF $59,313,300 FOR FISCAL YEAR 2018 WHEREAS, Article XIII-B of the California Constitution provides that appropriations made by State and local governments shall be changed annually by a factor comprised of the change in population and the change in the cost of living. NOW, THEREFORE, BE IT RESOLVED that the population change factors to be used in the calculating the appropriations limit for the Fiscal Year 2018 shall be set forth in Attachment "1." BE IT FURTHER RESOLVED that the cost of living factors to be used in the calculating the appropriation limit for Fiscal Year 2018 shall be as set forth in Attachment "1." BE IT FURTHER RESOLVED that the appropriation limit for Fiscal Year 2018 shall be $x, as set forth in Attachment "1." PASSED and ADOPTED this 6th day of June, 2017. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Ron Morrison, Mayor 400 of 443 CC/CDC-HA Agenda 6/6/2017 — Page 401 The following page(s) contain the backup material for Agenda Item: Notice of Decision — Planning Commission approval of a Conditional Use Permit for beer and wine sales at Crab Fever located at 1420 East Plaza Boulevard Suite 2D. (Applicant: Steve Rawlings) (Case File 2017-07 CUP) (Planning) 401 of 443 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: ;June 6, 2017 AGENDA ITEM NO. ITEM TITLE: `Notice of Decision ® Planning Commission approval of a Conditional Use Permit for beer and wine sales at Crab Fever located at 1420 East Plaza Boulevard,Suite 2D. (Applicant: Steve Rawlings) (Case File 2017-07 CUP) PREPARED BY: Jessica Madamba PHONE: `'336-4381 EXPLANATION: the applicant has applied for a Conditional Use Permit (CUP) to sell beer and wine as an accessory use to a new restaurant to be located at 1420 East Plaza Boulevard, Suite 2D. The proposed business operating hours are from 11 a.m. to 10 p.m. daily. A Type 41 (On -Sale Beer and Wine) license is concurrently being processed with the California Department of Alcoholic Beverage Control (ABC). DEPARTMENT: IPI APPROVED BY: The Planning Commission conducted a public hearing on May 15, 2017. Commissioners asked questions regarding the other business locations and responsible alcohol training practices. The Commission voted to approve the Conditional Use Permit based on required findings and subject to Conditions of Approval. The attached Planning Commission staff report describes the proposal in detail. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Not a project per CEQA ORDINANCE: INTRODUCTION: APPROVED: APPROVED: FINAL ADOPTION: I I Finance MIS STAFF RECOMMENDATION'. Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD 1 COMMISSION RECOMMENDATION: the Planning Commission approved the Conditional Use Permit. Ayes: DelaPaz, Flores, Garcia, Quintero, Sendt, Yamane Absent: Baca, ATTACHMENTS: i1 . Overhead 3. Resolution No. 2017-12 2. Planning Commission Staff Report 4. Reduced Plans 402 of 443 2017-07 CUP - 1420 East Plaza Blvd. Ste. 2D - Overhead ATTACHMENT 1 403 of 443 Title: �-- CALIFORNIA NATIONAL Orr uvcoaroax CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Item no. 4 May 15, 2017 PUBLIC HEARING — CONDITIONAL USE PERMIT FOR BEER AND WINE SALES AT A NEW SEAFOOD RESTAURANT (CRAB FEVER) LOCATED AT 1420 EAST PLAZA BOULEVARD, SUITE 2D Case File No.. 2017-07 CUP Location: 1420 East Plaza Boulevard Assessor's Parcel Nos.: 557-322-15 Staff report by: Jessica Madamba, Planning Technician Applicant: Steve Rawlings (for Crab Fever) Zoning designation: MXD-2 (Major Mixed -Use District) Adjacent zoning: North: Commercial Suites / MXD-2 Last: Single Family Residential / RS-2 (Small Lot Residential) South: National School District Services Center / I (Institutional) West: Seafood City Supermarket / MXD-2 Environmental review: Not a project per California Environmental Quality Act (CEQA) Staff recommendation: Approve ATTACHMENT 2 404 of 443 Planning Commission Meeting of May 15, 2017 Page 2 BACKGROUND The business has applied for a Conditional Use Permit (CUP) to sell beer and wine at a new seafood restaurant (Crab Fever). Alcohol sales would be from 11:00 a.m. to 10:00 p.m. daily. A Type 41 (On -Sale Beer and Wine) license is concurrently being processed with the California Department of Alcoholic Beverage Control (ABC). Site Characteristics The project location is an existing 3,450 square -foot suite located at 1420 East Plaza Boulevard in the Major Mixed -Use District (MXD-2) zone. The area is adjacent to other commercial uses including Seafood City Supermarket and Big Lots to the west; single- family residential uses located to the east in the Small Lot Residential (RS-2) zone; and the National School District Services Center located to the south in the Institutional (I) zone. Proposed Use The applicant is proposing to sell beer and wine at a new seafood restaurant in the existing 3,450 square -foot suite. The floor plan provided with this application shows 19 separate seating tables and provides 56 seats and five booths in total. The applicant wishes to sell beer and wine in the restaurant, which requires a CUP. Alcohol would be delivered to the table upon request and will only be available with the sale of food. Proposed operations and alcohol sales hours are 11:00 a.m. to 10:00 p.m. daily. No live entertainment or construction is proposed. Analysis Section 18.30.050 of the National City Land Use Code allows for on -site alcohol sales with an approved CUP. Additional requirements for alcohol CUPs include expanded notification, a community meeting, and distance requirements. Maiiinq — 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. Notice of this public hearing was sent to 419 people, 280 occupants, and 139 owners. Community Meeting — Pursuant to Section 18.30.050 (C), a community meeting was held Monday, April 17, 2017 at 5:3n p.m. at the subject restaurant. The meeting advertisement is attached. There was one community member in attendance. 405 of 443 Planning Commission Meeting of May 15, 2017 Page 3 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 this distance requirement. The nearest school is Las Palmas Elementary School, which is located approximately half a 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 Conditional Use Permit and complies with all other applicable provisions of the Land Use Code. The use is allowable within the Major Mixed -Use District zone pursuant to a CUP, and the proposed use meets the required guidelines in the Land Use Code for alcohol sales, as discussed in the staff report. 2. The proposed use is consistent with the General Plan and any applicable specific plan. Alcohol sales are permitted, subject to a CUP, 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 containea in the Land Use and Community Character (i_U) eiement of the General Plan. In addition, the properly is not within a Specific Plan area. 3. The design, location, size, and operating characteristics of the proposed activity would bo compatible with the existing and future land uses in the vicinity. No expansion of the building is proposed. The proposal involves an existing restaurant in an existing commercial space, which was already analyzed for traffic impacts when it was constructed. In addition, because the sale of alcohol would be accessory to the sale of food, no measurable increase in traffic is expected. 4. The site is physicu!!y suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints. 406 of 443 Planning Commission Meeting of May 15, 2017 Page 4 The proposed alcohol sales would be accessory to a restaurant use, which is 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 proposed use will be subject to conditions that limit the sale of alcohol and the hours that it will be available; no alcohol will be sold after 10:00 p.m. and will only be available with the sale of food. In addition, all business staff is required to receive Responsible Beverage Service & Sales (RBSS) training. 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 is proposed. In addition, the proposed use is similar to other commercial uses in the area, which are permitted by right in the mixed -use zones. Given that there is no calculable increase in traffic and no other imparts are antE'cipated, staff is of the opinion that the project would not result in any physical changes to the environment. 7. That the proposed use is deemed essential and desirable to the public convenience or necessity. In this case, the alcohol sales will contribute to the viability of a restaurant, an allowed use in the Major Mixed -Use District (MXD-2) zone. There are also three findings for denial based on the amount of existing on -sale outlets, as discussed in the "Alcohol Sales Concentration/Location" section below. 407 of 443 Planning Commission Meeting of May 15, 2017 Page 5 Department and Agency comments Alcohol Sales Concentration/Location — Per ABC, there are currently 13 on -sale licenses authorized for Census Tract (0117). For reference, the alcohol outlets in the census tract are: Name Address License Type* CUP I Chuck E Cheeses 1143 Highland Ave. 41 Royal Mandarin 1132 E Plaza Blvd. 41 Y Thomas H Cosby Jr Post 1401 Highland Ave. 52 Y Golden Chopsticks 1430 E Plaza Blvd. 41 Y Karina's Mexican 1705 Highland Ave. 41 Y Ginza Sushi 925 E Plaza Blvd. 41 Y Lai Thai Restaurant 1430 E Plaza Blvd. 41 Y Cafe La Maze 1441 Highland Ave. 47 - Panda Palace Chinese 1105 E Plaza Blvd. 41 Y Grill House at Big Ben 106 E 8th St. 41 Y Yi Sushi #2 1430 E Plaza Blvd. 41 Y Larry E Bennet Post 35 E 18th St. 52 - Sushi &: Galbi 1519 Highland Ave. 41 Y Type 41 — Cyr,-S ;e Seer and Wine for Bona Fide Public Eating Place Type 47 — On -Sale General for Bona Fide Public Eating Place Type 52 — Veterans' Club Of the 13 licenses, 11 are restaurants and two veterans' organizations. The existing restaurant will be subject to the most recent Council Policy standards for on -sale alcohol CUPs. Census tract 0117 includes the area between National City Boulevard and "N" Avenue, and between East 8th Street and East 18th Street. The attached census tract map shows the location of the subject tract. Per State ABC there are currently 13 on -sale licenses in this census tract (0117) where a maximum of eight are recommended. Therefore, this census tract is considered ABCover-saturated d•1t alcohol bytc be �v.:r-Satura�au IfVlll l regard to aiCui ��� sales outlets. 408 of 443 Planning Commission Meeting of May 15, 2017 Page 6 Police Department (PD) The Alcohol Beverage Control Risk Assessment provided by PD allocated a total of 11 points, which would be considered a Low Risk. Negative impacts with regards to the issuance of an additional on -sale ABC License at this location are not expected. Institute for Public Strategies (IPS) As of the writing of this report, no comments have been received from IPS. However, based on recent comments provided for alcohol CUPs, IPS typically recommends that owners, management, and staff be required to attend the RBSS training. This requirement is a standard condition of City Council Policy 707 and is included as a condition of approval. Conditions of Approval Standard Conditions of Approval have been included with this permit, as well as conditions specific to on -sale alcohol sales per City Council Policy 707 (alcohol incidental to food, hours of operation, RBSS training, etc.). Summary The proposed use is consistent with the General Plan because alcohol sales for on -site consumption are a conditionally -allowed use in the Major Mixed -Use District Zone. The proposed use would be accessory to the existing restaurant use in a 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. 409 of 443 Planning Commission Meeting of May 15, 2017 Page 7 OPTIONS 1. Approve 2017-07 CUP subject to the attached conditions, and based on attached findings and/or other findings as determined by the Planning Commission; or 2. Deny 2017-07 CUP based on attached findings and/or findings as determined by the Planning Commission; or, 3. Continue the item for additional information. ATTACHMENTS 1. Recommended Findings for Approval 2. Recommended Findings for Denial 3. Recommended Conditions 4. Overhead 5. Department and Agency Comments 6. Census Tract Map 7. Public Hearing Notice (Sent to 139 property owners & 280 Occupants) 8. Community meeting advertisement, sign -in sheet, and minutes 9. Applicant's Plans (Exhibits A, Case File No. 2017-07 CUP, dated 3/22/2017) JESSICA MADAMBA Planning Technician BRAD RAULSTON Deputy City Manager 410 of 443 RECOMMENDED FINDINGS FOR APPROVAL 2017-07 CUP —1420 East Plaza Boulevard Suite 2D 1 That the proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because alcohol sales for on -site consumption are a conditionally -allowed use in the Major Mixed Use District. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, because alcohol sales are permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the General Plan. In addition, a restaurant use is consistent with the Major Mixed -Use land use designation contained in the Land Use and Community Character (LU) element of the General Plan. Furthermore, the property is not within a Specific Plan area. 3. That the design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because no expansion is proposed, and the use would be accessory to the existing restaurant in the commercial area. 4. That the site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, since the restaurant is existing and the proposed alcohol sales would be accessory to the restaurant use, which is not expected to increase the demand for parking on the property. 5. That granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the proposed use will be subject to conditions that limit the sale of alcohol and the hours that it will be available; no alcohol will be sold after 10 p.m. and will only be available with the sale of food. In addition, all business staff is required to receive Responsible Beverage Service & Sales (RBSS) Training. 411 of 443 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, because it has been determined that the proposed use is not a project per the Act. There is no calculable increase in traffic and no other impacts are anticipated; therefore, the project would not result in any physical changes to the environment. 7. That the proposed use is deemed essential and desirable to the public convenience or necessity, because alcohol sales will contribute to the viability of a restaurant, an allowed use in the Major Mixed -Use District (MXD-2) zone. 8. That based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. 412 of 443 RECOMMENDED FINDINGS FOR DENIAL 2017-07 CUP —1420 East Plaza Boulevard Suite 2D 1. 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 census tract in which the subject property is located is currently over -concentrated with regard to on -sale alcohol outlets — thirteen on -sale outlets are permitted where eight are recommended by the California Department of Alcoholic Beverage Control. 2. That the proposed use is not deemed essential and desirable to the public convenience and necessity, because thirteen other on -sale alcohol outlets are located in the same census tract as the subject property. 3. That based on findings 1 and 2 above, public convenience and necessity will not be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. 413 of 443 RECOMMENDED CONDITIONS OF APPROVAL 2017-07 CUP —1420 East Plaza Boulevard Suite 2D General 1. This Conditional Use Permit authorizes the sale of beer at a new restaurant located at 1420 East Plaza Boulevard. Plans submitted for permits associated with this project shall conform to Exhibit A, case file no. 2017-07 CUP, dated 3/22/2017. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Fom,, 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. 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. Fire 6. Submitted fire plans are to be designed, fabricated, installed, tested and approved to code. 7. Plans submitted for approval shall be in compliance with the current editions of the California Fire Code, National Fire Protection Association, California Code of Regulations and local City of National City Municipal Codes. 414 of 443 8. Fire Sprinklers and fire alarms may be required for this project (Chapter 9 section 903.2.1.2 Group A-2 Occupancy 1-4). A (B) occupancy may change to an A-2 occupancy due to occupant load. Planning 9. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including al! 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 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 judgement 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. 11. Alcohol shall be available only in conjunction with the purchase of food. 12. The sale of alcoholic beverages shall be permitted only between the hours of 11:00 a.m. to 10:00 p.m. daily. 415 of 443 2017-07 CUP —1420 East Plaza Blvd. Ste. 2D — Overhead 416 of 443 City of National City Fire Department Phone (619) 336-4550 a.�j1UF,Oft�}p.:Kc . ign NAL , C_' Lecer �scEv' J Fire Department Plan Corrections Planning Department Date: April 3, 2017 Project: Crab Fever Restaurant Review: R. Hernandez/Fire Marshal COMMENTS Listed plan corrections related to the National City Fire Department. If you have any questions please call (619) 336-4550. 1) Submitted fire plans are to be designed, fabricated, installed, tested and approved to code 2) Project to be in compliance with the current editions of the California Fire Code, National Fire Protection Association, California Code of Regulations and local City of National City Municipal Codes 3) Fire Sprinklers and fire alarms may be required for this project (Chapter 9 section 903.2.1.2 Group A-2 Occupancy 1-4). A (B) occupancy may change to an A-2 occupancy due to occupant load Note: Additional comments may be required based on additional information provided due to the above comments. Final approval cartin'ent upon final field inspection and compliance with all applicable codes and ordinances. 417 of 443 NATIONAL CITY POLICE DEPARTMENT ALCOHOL BEVERAGE CONTROL RISK ASSESSMENT DATE: 04/05/2017 BUSINESS NAME: Crab Fever ADDRESS: 1420 East Plaza Blvd #D2, National City, CA 91950 OWNERNAME: Guo Xian Huang DOB: OWNER ADDRESS: 709 Harding Place, Nashville, TN 37211 (add additional owners an page 2) I. Type of Business Restaurant (1 pt) Market (2 pts) Bar/Night Club (3 pts) Tasting Room (lpt) II. Hours of Operation Daytime hours (1 pt) ,/ Close by llpm (2 pts) Close after 11pm (3 pts) III. Entertainment Music (1 pt) Live Music (2 pts) Dancing/Live Music (3 pts) ,/ No Entertainment (0 pts) IV. Crime Rate Low (1 pt) Medium (2 pts) ,/ High (3 pts) V. Alcohol Businesses per Census Tract Below (1 pt) Average (2 pts) Above (3 pts) Notes: Over Concentration of ABC Licenses 8 Allowed / 14 Exist Revised: 8/16 1 of ? 418 of 443 National City Police Department ABC Risk Assessment VI. Calls for Service at Location (for previous 6 months) d Below (1 pt) Average (2 pts) Above (3 pts) VII. Proximity Assessment (1/4 mile radius of location) Mostly commercial businesses (1 pt) Some businesses, some residential (2 pts) Mostly residential (3 pts) VIII.Owner(s) records check ✓ No criminal incidents (0 pts) Minor criminal incidents (2 pts) Multiple/Major criminal incidents (3 pts) Low Risk ( 12pts or less) Medium Risk (13 — l8pts) High Risk (19 — 24pts) Total Points I 1 OWNER NAME: Junging Chen DOB: OWNER ADDRESS: 12547 El Camino Real #A, San Diego, CA 92130 OWNER NAME: DOB: OWNER ADDRESS: Recommendation: Completed by: Sergeant Shephard Revised: 8/16 Badge ID: 402 2 of 2 419 of 443 .Just 25, 2014 CensusTracts 2010 1:45,467 0 0.375 0.75 1.5 mi 0 0.5 1 2km Sources: Esrl, HERE, DeLomie, TomTom, Intermap, increment P C r GEBCO, USGS, FAO, NPS, *MAN, GeoSese, IGN, Kadaster NL, Ordrmr Survey, Esri Japan, ME', Esri China (Hong Kong), awisstapo, Mepmylndia OpenStreetMap oor1rIbutara, and the G)S UserCommunity 420 of 443 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR BEER AND WINE SALES AT A NEW SEAFOOD RESTAURANT (CRAB FEVER) TO BE LOCATED AT 1420 EAST PLAZA BOULEVARD SUITE 2D CASE FILE NO.: 2017-07 CUP APN: 557-322-15 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, May 15, 2017, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Steven Rawlings) The applicant proposes to sell beer and wine at a new seafood restaurant in an existing commercial suite in South Bay Plaza. Operating hours of the business will be 11:00 a.m. to 10:00 p.m. daily. 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., May 15, 2017 by the Planning Department, who can be contacted at 619-336-4310 or planning(cnationalcityca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DEPARTMENT BRAD RAULSTON Deputy City Manager 421 of 443 Rawlings Consulting P.O. Box 96 Murriete, CA 92564 02 Z P 000O3:2509 APR 0. 2017 r.- -.A/LED F-^.O..: ZIP CODE 22582 5572502200 Occupant 1104 Palm Ave #7 National City CA 91950 You are invited to attend a: CQi iU l'li1C I FTING Date: MONDAY, APRIL 17, 2017 Time: 5:30PM TO 6:30PM Address: 1420 E. Plaza Blvd., Suite 2D (adjacent to Seafood City), National City, CA This meeting is to inform citizens of a use permit application that has been filed for the service of alcoholic beverages at a new seafood restaurant that will be opening caller! Crab Fever. We are looking forward to meeting you and discussing any concerns or questions you may have regarding this proposed restaurant operations. if you cant attend the meeting, or if you have any questions before then, please feel free to contact Please contact Steve Rawlings, the Applicant's representative at 951-667-5152 or via email at SERCu?.Ravwilncspm.corn. This notice is being sent to you in I itfillinent of the City of National City requirements. This outreach effort to our neighbors is necessary because an application for development or use has been filled with the City of National City Planning Department. 422 of 443 vir 1.) Mitvolvotl 41110 1U) Ai( 17, 2,01-7 423 of 44341 Item no. 5 May 15, 2017 RESOLUTION NO. 2017-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CiTY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR ALCOHOL SALES AT A NEW SEAFOOD RESTAURANT (CRAB FEVER) LOCATED AT 1420 EAST PLAZA BOULEVARD, SUITE 2D CASE FILE NO. 2017-07 CUP APN: 557-322-15 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for alcohol sales at a new seafood restaurant (Crab Fever) located at 1420 East Plaza Boulevard Suite 2D at a duly advertised public hearing held on May 15, 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. 2017-07 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 May 15, 2017, support the following findings: That the proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with aii other appiicabie provisions of the Land Use Code, because alcohol sales for on -site consumption are a conditionally -allowed use in the Major Mixed Use District. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, because alcohol sales are permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the General Plan. In addition, a restaurant use is consistent with the Major Mixed -Use land use designation contained in the Land Use and Community Character (LU) element of the General Plan. Furthermore, the property is not within a Specific Plan area. 3. That the design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future !and uses in the vicinity, because no expansion is proposed, and the use would be accessory to the existing restaurant in the commercial area. ATTA 424 of 443 Planning Commission Meeting of May 15, 2017 Page 2 4. That the site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, since the restaurant is existing and the proposed alcohol sales would be accessory to the restaurant use, which is not expected to increase the demand for parking on the property. 5. That granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the proposed use will be subject to conditions that limit the sale of alcohol and the hours that it will be available; no alcohol will be sold after 10 p.m. and will only be available with the sale of food. In addition, all business staff is required to receive Responsible Beverage Service & Sales (RBSS) Training. 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. That the proposed use is deemed essential and desirable to the public convenience or necessity, because alcohol sales will contribute to the viability of a restaurant, an allowed use in the Major Mixed -Use District (MXD-2) zone. 8. That based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes the sale of beer at a new restaurant located at 1420 East Plaza Boulevard. Plans submitted for permits associated with this project shall conform to Exhibit A, case file no. 2017-07 CUP. dated 3/22/2017. 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 425 of 443 Planning Commission Meeting of May 15, 2017 Page 3 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 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 Deputy City Manager 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. Fire 6. Submitted fire plans are to be designed, fabricated, installed, tested and approved to code. 7. Project to be in compliance with the current editions of the California Fire Code, National Fire Protection Association, California Code of Regulations and local City of National City Municipal Codes. 8. Fire Sprinklers and fire alarms may ha rani eirad for this project (Canter 9-sect!ron 903.2.1.2 Group A-2 Occupancy 1-4). A (B) occupancy may change to an A-2 occupancy due to occupant Toad. Planning 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 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 judgement to verify that the sale of alcohol does not exceed the 426 of 443 Planning Commission Meeting of May 15, 2017 Page 4 sale of food. All information obtained by an investigation of records shall remain confidential. 11. Alcohol shall be available only in conjunction with the purchase of food. 12. The sale of alcoholic beverages shall be permitted only between the hours of 11:00 a.m. to 10:00 p.m. daily. 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 May 15, 2017, by the following vote: AYES: Garcia, Yamane, Sendt, Flores, Dela Paz, Quin NAYS: None. ABSENT: Baca ABSTAIN: None. 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HANDICAP PARKING SIGN DETAILS SCALE: 3/4"=1'-0" 1 S$ RAMP AT CURB SCALE:3 /a'=1'-D" 34 s SP ° /1 tvNe �� 429 of 443 CC/CDC-HA Agenda 6/6/2017 — Page 430 The following page(s) contain the backup material for Agenda Item: City Council discussion and direction on proposed Assembly Bill (AB) 1250, Counties and Cities: Contracts for Personal Services (Jones -Sawyer). Human Resources 430 of 443 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 6, 2017 AGENDA ITEM NO. ITEM TITLE: City Council discussion and direction on proposed Assembly Bill (AB) 1250, Counties and Cities: Contracts for Personal Services (Jones -Sawyer). PREPARED BY: Stacey Stevenson PHONE: 336-4308 EXPLANATION: See attached staff report DEPARTMENT: Human Resources APPROVED BY: cl?je�� FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: See attached staff report ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Direct staff to submit a letter in opposition to Assembly Bill 1250. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Staff Report Assembly Bill 1250 431 of 443 CALIFORNIA NATIONAL C lfr 1ORpO CAT City Council Staff Report June 6, 2017 ITEM Staff Report: City Council discussion and direction on proposed Assembly Bill (AB) 1250, Counties and Cities: Contracts for Personal Services (Jones -Sawyer). BACKGROUND Existing law allows cities to contract with specially trained and experienced persons, firms or corporations for special services and advice in financial, economic, accounting, engineering, legal, or administrative matters. Assembly Bill (AB) 1250, as introduced by California State Assembly Member Reginal Byron Jones -Sawyer, Sr. and amended in Assembly, would establish specific standards for the use of personal services contracts by counties and cities. If adopted, AB 1250 will require cities to clearly demonstrate that the proposed contract will result in actual overall cost savings to the city and also to show that the contract does not cause the displacement of county or city workers. Under the provisions of AB 1250, if otherwise permitted by law, cities could contract for personal services currently or customarily performed by city employees if several conditions are met. The conditions include the following: • A cost -benefit analysis prior to entering into a contract in excess of $100,000 annually, with the cost of the analysis reimbursed by the prospective contractors. • Publicized, competitive bidding processes for all contracting opportunities. • An orientation, by the city, for employees of the contractor who will perform services pursuant to the contract. • Measurable performance standards in contracts and provisions for performance audits, with the cost of the audit reimbursed by the contractor (contracts cannot be extended or renewed prior to receiving and considering the audit report). • An audit of the contract to determine whether cost savings have been realized, with the cost of the audit reimbursed by the contractor. • A searchable database on the city's website of all contracts of an annual value in excess of $5 million, to include the names and hourly pay rates of the employees of the contractor and subcontractors. These provisions may be waived under certain conditions including: 432 of 443 Page 2 Staff Report — City Council discussion and direction on proposed Assembly Bill (AB) 1250, Counties and Cities: Contracts for Personal Services (Jones -Sawyer). June 6, 2017 • When the services cannot be performed satisfactorily by city employees, or are of such a highly specialized or technical nature that the necessary expert knowledge, experience, and ability are not available among city employees. • When the services are incidental to a contract for the purchase or lease of real or personal property (service agreements). • When the standards for an emergency appointment apply. • When the contractor will conduct training courses for which appropriately qualified city employee instructors are not available. • When public entities or officials need private counsel because a conflict of interest on the part of the city attorney's office prevents it from representing the public entity or official without compromising its position. DISCUSSION The California League of Cities as taken a position of opposition to AB 1250 as it infringes on local control, effectively eliminating almost all contracting services for local government. Other concerns include the following: • The workload and loss of productive time associated with conducting full environmental impact analyses (the cost benefit analyses) and audits. • While the language states that the contractors will bear the cost of the required cost benefit analyses and audits, contractors will build the costs into the rates/fees charged to the contracting city. • There are privacy concerns and litigation exposure associated with the posting of the names and hourly pay rates of non -city employees. • The cost of developing a searchable database is significant and there is no direction on how often the information must be updated. • Current City of National City governing documents require a competitive bidding process based upon type of service and dollar threshold. AB 1250 eliminates that discretion. The Bill was heard by the California State Assembly Committee on Appropriations on May 10, 2017 where it was moved to the Assembly suspense file. RECOMMENDATION Staff recommends that the City Council direct the City Manager to draft and submit a letter of opposition to Assembly Bill 1250. FISCAL IMPACT The fiscal impact included in the staff analysis prepared for the Assembly Committee on Appropriations has estimate the cost to local agencies to be $10 million to comply with the 433 of 443 Page 3 Staff Report — City Council discussion and direction on proposed Assembly Bill (AB) 1250, Counties and Cities: Contracts for Personal Services (Jones -Sawyer). June 6, 2017 requirement to maintain a searchable database and $15 million to comply with the other provisions of the Bill. The League of California Cities has estimated the cost to be closer to $33 million. 434 of 443 Bill Text - AB-1250 Counties and cities: contracts for personal services. Page 1 of 9 LEGISLATIVE INFORMATION Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites AB-1250 Counties and cities: contracts for personal services. (2o17-2oi8) SHARE THIS: ASSEMBLY BILL Date Published: 04/25/2017 09:00 PM AMENDED IN ASSEMBLY APRIL 25, 2017 AMENDED IN ASSEMBLY APRIL 17, 2017 AMENDED IN ASSEMBLY APRIL 04, 2017 CALIFORNIA LEGISLATURE— 2017-2018 REGULAR SESSION Introduced by Assembly Member Jones -Sawyer February 17, 2017 No. 1250 An act to add Sections 31000.10, 31000.11, 37103.1, and 37103.2 to the Government Code, relating to local government. LEGISLATIVE COUNSEL'S DIGEST AB 1250, as amended, Jones -Sawyer. Counties and cities: contracts for personal services. Existing law authorizes the board of supervisors of a county to contract for special services on behalf of various public entities with persons who are specially trained, experienced, expert, and competent to perform the special services, as prescribed. These services include financial, economic, accounting, engineering, legal, and other specified services. Existing law also authorizes legislative bodies of cities to contract with any specially trained and experienced person, firm, or corporation for special services and advice in financial, economic, accounting, engineering, legal, or administrative matters. This bill would establish specific standards for the use of personal services contracts by counties and cities. Beginning January 1, 2018, the bill would allow a county or county agency, or a city or city agency, to contract for personal services currently or customarily performed by county employees, as applicable, when specified conditions are met. Among other things, the bill would require the county or city to clearly demonstrate that the proposed contract will result in actual overall costs savings to the county or city and also to show that the contract does not cause the displacement of county or city workers. The bill would require a contract entered into under these provisions to specify that it may be terminated upon material breach, if notice is provided, as specified. Additionally, the bill would require the county or city to provide an orientation to employees of the contractor who would perform services pursuant to the contract, and would establish liability provisions for employment law violations and torts committed in the course of providing services under contract, among other conditions. The bill would require that the county or city conduct a cost -benefit analysis prior to entering into the contract and would require the prospective contractors to reimburse the cost of the analysis. The bill would also require the county or city to conduct an audit of the contract to determine whether cost savings have been 435 of 443 https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB 1250 5/10/2017 Bill Text - AB-1250 Counties and cities: contracts for personal services. Page 2 of 9 realized and would require the contractor to reimburse the cost of the audit. The bill would impose additional disclosure requirements for contracts exceeding $100,000 $5,000,000 annually, would exempt certain types of contracts from its provisions, and would require each county or city to maintain on its Internet Web site a searchable database of all of its contracts exceeding $100,000. $5,000,000. By placing new duties on local government agencies, the bill would impose a state -mandated local program. The bill also would provide that its provisions are severable. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 31000.10 is added to the Government Code, to read: 31000.10. The purpose of this section and Section 31000.11 is to establish standards for the use of personal services contracts by counties. (a) If otherwise permitted by law, a county or county agency may contract for personal services currently or customarily performed by county employees when all the following conditions are met: (1) The board of supervisors or county agency clearly demonstrates that the proposed contract will result in actual overall cost savings to the county for the duration of the entire contract as compared with the county's actual costs of providing the same services, provided that: (A) In comparing costs, there shall be included the county's additional cost of providing the same service as proposed by a contractor. These additional costs shall include the salaries and benefits of additional staff that would be needed and the cost of additional space, equipment, and materials needed to perform the function. (B) In comparing costs, there shall not be included the county's indirect overhead costs unless these costs can be attributed solely to the function in question and would not exist if that function was not performed in county service. Indirect overhead costs shall mean the pro rata share of existing administrative salaries and benefits, rent, equipment costs, utilities, and materials. (C) In comparing costs, there shall be included in the cost of a contractor providing a service any continuing county costs that would be directly associated with the contracted function. These continuing county costs shall include, but not be limited to, those for inspection, supervision, and monitoring. (2) Proposals to contract out work shall not be approved solely on the basis that savings will result from lower contractor pay rates or benefits. Proposals to contract out work shall be eligible for approval if the contractor's wages are at the industry's level and do not significantly undercut county pay rates. (3) The contract does not cause the displacement of county employees. "Displacement" includes layoff, demotion, involuntary transfer to a new class, involuntary transfer to a new location requiring a change of residence, and time base reductions. "Displacement" does not include changes in shifts or days off or reassignment to other positions within the same class and general location. (4) The contract does not cause vacant positions in county employment to remain unfilled. (5) The contract does not adversely affect the county's affirmative action efforts. (6) The savings shall be large enough to ensure that they will not be eliminated by private sector and county cost fluctuations that could normally be expected during the contracting period. (7) The amount of savings clearly justifies the size and duration of the contracting agreement. (8) The contract is awarded through a publicized, competitive bidding process. The county shall reserve the right to reject any and all bids or proposals. 436 of 443 https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB 1250 5/10/2017 Bill Text - AB-1250 Counties and cities: contracts for personal services. Page 3 of 9 (9) The contract includes specific provisions pertaining to the qualifications of the staff that will perform the work under the contract, as well as assurance that the contractor's hiring practices meet applicable nondiscrimination, affirmative action standards. (10) The potential for future economic risk to the county from potential contractor rate increases is minimal. (11) The contract is with a firm. "Firm" means a corporation, partnership, nonprofit organization, or sole proprietorship. (12) The potential economic advantage of contracting is not outweighed by the public's interest in having a particular function performed directly by county government. Before executing a contract for personal services under this section, the county shall demonstrate that outsourcing the particular functions at issue is in the public interest, addressing the cost of the contract, the cost of administering the contract, the effect on the quality of services provided to the public, and any other relevant circumstances. (13) The contract shall provide that it may be terminated at any time by the county without penalty if there is a material breach of the contract and notice is provided at least 30 days before termination. (14) The county shall provide an orientation to employees of the contractor who will perform services pursuant to the contract. The orientation shall include, but is not limited to, all of the following: (A) A description of the services to be provided pursuant to the contract. (B) A description of the function and goals of the public agency responsible for providing the services in the absence of the contract. (C) Any applicable rules governing provision of the services and how the employee may report violations of applicable rules or contractual requirements. (15)The county shall be jointly and severally liable with thc contractor and any of its subcontractors for: (A)Employmcnt law violations arising from performance of thc contract, unless othcrwisc provided by a bona fide collective bargaining agreement covering thc affected employees. (B)Torts committed by thc contractor or its subcontractors in thc course of providing services under thc contract. 464 (15) If the contract is for personal services in excess of one hundred thousand dollars ($100,000) annually, all of the following shall occur: (A) The county shall require the contractor to disclose all of the following information as part of its bid, application, or answer to a request for proposal: (i) A description of all charges, claims, or complaints filed against the contractor with any federal, state, or local administrative agency during the prior 10 years. (ii) A description of all civil complaints filed against the contractor in any state or federal court during the prior 10 years. (iii) A description of all state or federal criminal complaints or indictments filed against the contractor, or any of its officers, directors, or managers, at any time. (iv) A description of any debarments of the contractor by any public agency or licensing body at any time. (v) The total compensation, including salaries and benefits, the contractor provides to workers performing work similar to that to be provided under the contract. (vi) The total compensation, including salaries, benefits, options, and any other form of compensation, provided to the five highest compensated officers, directors, executives, or employees of the contractor. (vii) Any other information the county deems necessary to ensure compliance with this section. (B) Prior to entering into the contract, the county shall conduct, and make public, a study of cost -benefit analysis considering the potential impact of outsourcing the work covered by the contract, including, but not limited to: contract. The analysis shall include: (i) The potential loss of employment opportunities within the county and resultant loss of income to workers. 437 of 443 https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB 1250 5/10/2017 Bill Text - AB-1250 Counties and cities: contracts for personal services. Page 4 of 9 (ii) The cconomic impact on local businesses if consumer spending power is reduced as a result of reduced wages under the contract. (iii) The impact on the county's ability to provide social services and the effect of any reduction in social services on county residents. (iv)Any environmental impact caused by contracting for the cervices at i:rue. (iv) Potential impacts on the environment, if any. (C) Prospective contractors shall reimburse the county for the cost of the cost -benefit analysis. (D) The contract shall provide that the county is entitled to receive a copy of any records related to the contractor's or any subcontractor's performance of the contract, and that any of those records shall be subject to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1). In furtherance of this subdivision, contractors and any subcontractors shall maintain records related to performance of the contract that ordinarily would be maintained by the county in performing the same functions. (D) (E) The county shall include in the contract specific, measurable performance standards and provisions for a performance audit by the county, or an independent auditor approved by the county, to determine whether the performance standards are being met and whether the contractor is in compliance with applicable laws and regulations. The county shall not renew or extend the contract prior to receiving and considering the audit report. (F) (1) The contract shall include provisions for an audit by the county, or an independent auditor approved by the county, to determine whether and to what extent the anticipated cost savings have actually been realized. The county shall not renew or extend the contract before receiving and considering the audit report. (2) The contractor shall reimburse the county for the cost of the audit. (b) This section does not preclude a county from adopting more restrictive rules regarding the contracting of public services. (c) When otherwise permitted by law, the absence of any requirement of subdivision (a) shall not prevent personal services contracting when any of the following conditions are met: (1) The contract is for a new county function and the Legislature has specifically mandated or authorized the performance of the work by independent contractors. (2) The contract is between the county and another government entity for services to be performed by employees of the other government entity. (3) The services contracted cannot be performed satisfactorily by county employees, or are of such a highly specialized or technical nature that the necessary expert knowledge, experience, and ability are not available among county employees. (4) The services are incidental to a contract for the purchase or lease of real or personal property. Contracts under this criterion, known as "service agreements," shall include, but not be limited to, agreements to service or maintain office equipment or computers that are leased or rented. (44 (5) The legislative, administrative, or legal goals and purposes cannot be accomplished through the utilization of county employees. Contracts are permissible under this criterion to protect against a conflict of interest or to ensure independent and unbiased findings in cases where there is a clear need for a different, outside perspective. These contracts shall include, but not be limited to, obtaining expert witnesses in litigation. 438 of 443 https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB 1250 5/10/2017 Bill Text - AB-1250 Counties and cities: contracts for personal services. Page 5 of 9 (6) The nature of the work is such that the standards of this part for emergency appointments apply. These contracts shall conform with Section 31000.4. (6) (7) Public entities or officials need private counsel because a conflict of interest on the part of the county counsel's office prevents it from representing the public entity or official without compromising its position. These contracts shall require the written consent of the county counsel. (8) The contractor will provide equipment, materials, facilities, or support services that could not feasibly be provided by the county in the location where the services are to be performed. fe4 (9) The contractor will conduct training courses for which appropriately qualified county employee instructors are not available, provided that permanent instructor positions in academies or similar settings shall be filled by county employees. (93 (10) The services are of such an urgent, temporary, or occasional nature that the delay incumbent in their implementation by county employees would frustrate their very purpose. (d) All persons who provide services to a county under conditions constituting an employment relationship shall be employed directly by the county. (e) (1) Except as provided in paragraph (2), this section shall apply to all counties, including counties that have adopted a merit or civil service system. (2) This section does not apply to a charter county formed pursuant to Section 3 of Article XI of the California Constitution. (f) (1) This section does not apply to any contract for services described in Section 4525 or 4529.10. (2) This section does not apply to any contract that is subject to Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. (3) This section does not apply to a contract for public transit services, including paratransit services, if the county's transit services are fully funded by Federal Transit Administration assistance and the county is thereby subject to the guidelines established in FTA Circular 4220.1F or any subsequent guidelines or revisions issued by the Federal Transit Administration. (g) This section shall apply to personal services contracts entered into, renewed, or extended on or after January 1, 2018. SEC. 2. Section 31000.11 is added to the Government Code, to read: 31000.11. (a) Each county shall maintain on its Internet Web site a searchable database of all contracts of an annual value in excess of one hundred thousand dollars ($100,000) five million dollars ($5,000,000) entered into pursuant to Section 31000.10. The database shall include, but is not limited to, the following: (1) A description of the services provided under the contract. (2) The name of the agency, department, or division responsible for providing the service in the absence of the contract. (3) The name of the contractor and any subcontractors providing services under the contract. (4) The effective and expiration dates of the contract. (5) The annual amount paid pursuant to the contract to the contractor in the past three fiscal years and the current fiscal year, including the funding source for all amounts paid. (6) The annual amount expected to be paid pursuant to the contract to the contractor in the next three fiscal years. 439 of 443 https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB 1250 5/10/2017 Bill Text - AB-1250 Counties and cities: contracts for personal services. Page 6 of 9 (7) The total projected cost of the contract for all fiscal years and the funding source for all amounts to be paid. (8) The names of the employees of the contractor and any subcontractors providing services pursuant to the contract and their hourly pay rates, and the total number of full-time equivalent positions involved in performing the services under the contract. (9) The names of any workers providing services pursuant to the contract as independent contractors and the compensation rates for such workers. (b) The information identified in subdivision (a) shall be compiled in an annual service contractor expenditure budget accompanying the county budget, reflecting all spending on personal services contracts by the county. SEC. 3. Section 37103.1 is added to the Government Code, to read: 37103.1. The purpose of this section and Section 37103.2 is to establish standards for the use of personal services contracts by cities. (a) If otherwise permitted by law, a city or city agency may contract for personal services currently or customarily performed by city employees when all the following conditions are met: (1) The city council or city agency clearly demonstrates that the proposed contract will result in actual overall cost savings to the city for the duration of the entire contract as compared with the city's actual costs of providing the same services, provided that: (A) In comparing costs, there shall be included the city's additional cost of providing the same service as proposed by a contractor. These additional costs shall include the salaries and benefits of additional staff that would be needed and the cost of additional space, equipment, and materials needed to perform the function. (B) In comparing costs, there shall not be included the city's indirect overhead costs unless these costs can be attributed solely to the function in question and would not exist if that function was not performed in city service. Indirect overhead costs shall mean the pro rata share of existing administrative salaries and benefits, rent, equipment costs, utilities, and materials. (C) In comparing costs, there shall be included in the cost of a contractor providing a service any continuing city costs that would be directly associated with the contracted function. These continuing city costs shall include, but not be limited to, those for inspection, supervision, and monitoring. (2) Proposals to contract out work shall not be approved solely on the basis that savings will result from lower contractor pay rates or benefits. Proposals to contract out work shall be eligible for approval if the contractor's wages are at the industry's level and do not significantly undercut city pay rates. (3) The contract does not cause the displacement of city employees. "Displacement" includes layoff, demotion, involuntary transfer to a new class, involuntary transfer to a new location requiring a change of residence, and time base reductions. "Displacement" does not include changes in shifts or days off or reassignment to other positions within the same class and general location. (4) The contract does not cause vacant positions in city employment to remain unfilled. (5) The contract does not adversely affect the city's affirmative action efforts. (6) The savings shall be large enough to ensure that they will not be eliminated by private sector and city cost fluctuations that could normally be expected during the contracting period. (7) The amount of savings clearly justifies the size and duration of the contracting agreement. (8) The contract is awarded through a publicized, competitive bidding process. The city shall reserve the right to reject any and all bids or proposals. (9) The contract includes specific provisions pertaining to the qualifications of the staff that will perform the work under the contract, as well as assurance that the contractor's hiring practices meet applicable nondiscrimination, affirmative action standards. (10) The potential for future economic risk to the city from potential contractor rate increases is minimal. (11) The contract is with a firm. "Firm" means a corporation, partnership, nonprofit organization, or sole proprietorship. 440 of 443 https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB 1250 5/10/2017 Bill Text - AB-1250 Counties and cities: contracts for personal services. Page 7 of 9 (12) The potential economic advantage of contracting is not outweighed by the public's interest in having a particular function performed directly by city government. Before executing a contract for personal services under this section, the city shall demonstrate that outsourcing the particular functions at issue is in the public interest, addressing the cost of the contract, the cost of administering the contract, the effect on the quality of services provided to the public, and any other relevant circumstances. (13) The contract shall provide that it may be terminated at any time by the city without penalty if there is a material breach of the contract and notice is provided at least 30 days before termination. (14) The city shall provide an orientation to employees of the contractor who will perform services pursuant to the contract. The orientation shall include, but is not limited to, all of the following: (A) A description of the services to be provided pursuant to the contract. (B) A description of the function and goals of the public agency responsible for providing the services in the absence of the contract. (C) Any applicable rules governing provision of the services and how the employee may report violations of applicable rules or contractual requirements. (15)The city shall be jointly and severally liable with the contractor and any of its subcontractors for: (A)Employment law violations arising from performance of the contract, unle:r otherwise provided by a bona fide collective bargaining agreement covering thc affected employees. (B)Torts committed by the contractor or any of its subcontractors in the course of providing services under the contract. (15) If the contract is for personal services in excess of one hundred thousand dollars ($100,000) annually, all of the following shall occur: (A) The city shall require the contractor to disclose all of the following information as part of its bid, application, or answer to a request for proposal: (i) A description of all charges, claims, or complaints filed against the contractor with any federal, state, or local administrative agency during the prior 10 years. (ii) A description of all civil complaints filed against the contractor in any state or federal court during the prior 10 years. (iii) A description of all state or federal criminal complaints or indictments filed against the contractor, or any of its officers, directors, or managers, at any time. (iv) A description of any debarments of the contractor by any public agency or licensing body at any time. (v) The total compensation, including salaries and benefits, the contractor provides to workers performing work similar to that to be provided under the contract. (vi) The total compensation, including salaries, benefits, options, and any other form of compensation, provided to the five highest compensated officers, directors, executives, or employees of the contractor. (vii) Any other information the city deems necessary to ensure compliance with this section. (B) Prior to entering into the contract, the city shall conduct, and make public, a study of cost -benefit analysis considering the potential impact of outsourcing the work covered by the contract, including, but not limited to: contract. The analysis shall include: (i) The potential loss of employment opportunities within the city and resultant loss of income to workers. (ii) The cconomic impact on local businesses if consumer spending power is reduced as a result of reduced wages under the contract. (iii) The impact on the city's ability to provide social services and the effect of any reduction in social services on city residents. (iv)Any environmental impact caused by contracting for thc services at issue. 441 of 443 https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB 1250 5/10/2017 Bill Text - AB-1250 Counties and cities: contracts for personal services. Page 8 of 9 (iv) Potential impacts on the environment, if any. (C) Prospective contractors shall reimburse the city for the cost of the cost -benefit analysis. (C) (D) The contract shall provide that the city is entitled to receive a copy of any records related to the contractor's or any subcontractor's performance of the contract, and that any such records shall be subject to the California Public Records Act (Chapter 5 (commencing with Section 6250) of Division 7 of Title 1). In furtherance of this subdivision, contractors and any subcontractors shall maintain records related to performance of the contract that ordinarily would be maintained by the city in performing the same functions. {D) (E) (1) The city shall include in the contract specific, measurable performance standards and provisions for a performance audit by the city, or an independent auditor approved by the city, to determine whether the performance standards are being met and whether the contractor is in compliance with applicable laws and regulations. The legislative body shall not renew or extend the contract prior to receiving and considering the audit report. (2) The contractor shall reimburse the city for the cost of the audit. (-E-) (F) The contract shall include provisions for an audit by the city, or an independent auditor approved by the city, to determine whether and to what extent the anticipated cost savings have actually been realized. The city shall not renew or extend the contract before receiving and considering the audit report. (b) This section does not preclude a city from adopting more restrictive rules regarding the contracting of public services. (c) When otherwise permitted by law, the absence of any requirement of subdivision (a) shall not prevent personal services contracting when any of the following conditions are met: (1) The contract is for a new city function and the Legislature has specifically mandated or authorized the performance of the work by independent contractors. (2) The services contracted cannot be performed satisfactorily by city employees, or are of such a highly specialized or technical nature that the necessary expert knowledge, experience, and ability are not available among city employees. (3) The services are incidental to a contract for the purchase or lease of real or personal property. Contracts under this criterion, known as "service agreements," shall include, but not be limited to, agreements to service or maintain office equipment or computers that are leased or rented. (4) The legislative, administrative, or legal goals and purposes cannot be accomplished through the utilization of city employees. Contracts are permissible under this criterion to protect against a conflict of interest or to ensure independent and unbiased findings in cases where there is a clear need for a different, outside perspective. These contracts shall include, but not be limited to, obtaining expert witnesses in litigation. (5) The nature of the work is such that the standards of this title for emergency appointments apply. These contracts shall conform with Section 45080. (6) Public entities or officials need private counsel because a conflict of interest on the part of the city attorney's office prevents it from representing the public entity or official without compromising its position. These contracts shall require the written consent of the city attorney. (7) The contractor will provide equipment, materials, facilities, or support services that could not feasibly be provided by the city in the location where the services are to be performed. (8) The contractor will conduct training courses for which appropriately qualified city employee instructors are not available, provided that permanent instructor positions in academies or similar settings shall be filled by city employees. (9) The services are of such an urgent, temporary, or occasional nature that the delay incumbent in their implementation by city employees would frustrate their very purpose. 442 of 443 https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB 1250 5/10/2017 Bill Text - AB-1250 Counties and cities: contracts for personal services. Page 9 of 9 (d) All persons who provide services to a city under conditions constituting an employment relationship shall be employed directly by the city. (e) (1) Except as provided in paragraph (2), this section shall apply to all cities, including cities that have adopted a merit or civil service system. (2) This section does not apply to a charter city formed pursuant to Section 3 of Article XI of the California Constitution. (f) (1) This section does not apply to any contract for services described in Section 4525 or 4529.10. (2) This section does not apply to any contract that is subject to Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. (3) This section does not apply to a contract for public transit services, including paratransit services, if the county's transit services are fully funded by Federal Transit Administration assistance and the county is thereby subject to the guidelines established in FTA Circular 4220.1F or any subsequent guidelines or revisions issued by the Federal Transit Administration. (g) This section shall apply to personal services contracts entered into, renewed, or extended on or after January 1, 2018. SEC. 4. Section 37103.2 is added to the Government Code, to read: 37103.2. (a) Each city shall maintain on its Internet Web site a searchable database of all contracts of an annual value in excess of one hundred thousand dollars ($100,000) five million dollars ($5,000,000) entered into pursuant to Section 37103.1. The database shall include, but is not limited to, the following: (1) A description of the services provided under the contract. (2) The name of the agency, department, or division responsible for providing the service in the absence of the contract. (3) The name of the contractor and any subcontractors providing services under the contract. (4) The effective and expiration dates of the contract. (5) The annual amount paid pursuant to the contract to the contractor in the past three fiscal years and the current fiscal year, including the funding source for all amounts paid. (6) The annual amount expected to be paid pursuant to the contract to the contractor in the next three fiscal years. (7) The total projected cost of the contract for all fiscal years and the funding source for all amounts to be paid. (8) The names of the employees of the contractor and any subcontractors providing services pursuant to the contract and their hourly pay rates, and the total number of full-time equivalent positions involved in performing the services under the contract. (9) The names of any workers providing services pursuant to the contract as independent contractors and the compensation rates for such workers. (b) The information identified in subdivision (a) shall be compiled in an annual service contractor expenditure budget accompanying the county budget, reflecting all spending on personal services contracts by the county. SEC. 5. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. SEC. 6. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. 443 of 443 https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB 1250 5/10/2017