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HomeMy WebLinkAbout03-20-18 CC HA Agenda Packet (2)AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY CALIFORNIA... NATIONAL CITir XNCORPORATfi RON MORRISON Mayor ALBERT MENDIVIL Vice Mayor JERRY CANO Councilmember MONA RIOS Councilmember ALEJANDRA SOTELO-SOLIS Councilmember 1243 National City Blvd. National City 619-336-4240 Meeting agendas and minutes available on web WWW.NATIONALCITYCA. GOV COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, MARCH 20, 2018 - 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 279 CC/CDC-HA Agenda 3/20/2018 — 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. Spanish to English interpretation services are available to members of the public who wish to speak to the City Council during the meeting. "Request to Speak" forms requesting interpretation must be filed within the first two hours of the meeting. Espanol a los servicios de interpretacion Ingles de audio esta disponibles para los miembros del publico que desean hablar con el Ayuntamiento durante del Consejo Municipal. "Solicitud para hablar de" formas solicitud de interpretacion deben ser presentadas dentro de las dos primeras horas del Consejo Municipal. COUNCIL REQUESTS THAT ALL CELL PHONES AND PAGERS BE TURNED OFF DURING CITY COUNCIL MEETINGS. 2 of 279 CC/CDC-HA Agenda 3/20/2018 — 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. Employee of the Quarter 2018 - Dora Gallegos, Accounting Assistant. (Finance) PRESENTATIONS 2. Electric Vehicle Charging Stations to be used for City Fleet Vehicles and City Employees' Personal Vehicles (at their own expense) as part of SDG&E's "Power Your Drive" Program. (Lianna Rios, Electric Vehicle Customer Solutions Manager) (Engineering/Public Works) **Companion Item #18** 3. City of National City Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2017. (Finance) 4. City of National City Single Audit Report on Federal Awards for the Fiscal Year Ended June 30, 2017. (Finance) INTERVIEWS / APPOINTMENTS CONSENT CALENDAR 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 1) approving the adoption of the Public Agencies Post -Employment Benefits Trust administered by Public Agency Retirement Services (PARS) to prefund the City's unfunded pension liabilities; 2) appointing the City Manager as 3 of 279 CC/CDC-HA Agenda 3/20/2018 — Page 4 the Plan Administrator for the Trust, and 3) authorizing the Plan Administrator to execute the documents necessary to establish and maintain the City's Trust account. (Finance) 7. Resolution of the City Council of the City of National City approving an amendment to the salary schedule for the Confidential employee group to add the newly created classification of Payroll Technician I at $3,446.92 - $4,189.74 per month (range c082); and to change the titles of the existing Payroll Technician, Management Information Systems Technician I, and Management Information Systems Technician II classifications. (Human Resources) 8. Resolution of the City Council of the City of National City approving an amendment to the salary schedule of the Management employee group to change the title of the existing Management Information Systems Manager to Information Technology Manager. (Human Resources) 9. Resolution of the City Council of the City of National City amending the addendum to Rule II, Section 206A of the Civil Service Rules to allow for a career advanceable progression from Payroll Technician I to Payroll Technician II. (Human Resources) 10. Resolution of the City Council of the City of National City authorizing 1) The acceptance of the FY 2017/2018 San Diego County Law Enforcement Foundation Grant in the amount of $2,715.30, and 2) The establishment of a Police Department grants fund appropriation and corresponding revenue budget of $2,715.30 for the purchase of nine red carrier vests for the National City Police Department Range Staff. (Police) 11. Temporary Use Permit - "Kidz Fest" Community Easter Egg Hunt sponsored by Cornerstone Church of San Diego at 1914 Sweetwater Road on March 31, 2018 from 10 a.m. to 2 p.m. with no waiver of fees. (Neighborhood Services) 12. Temporary Use Permit - Halloween retail tent store hosted by Halloween Express at Westfield Plaza Bonita Mall from August 15, 2018 thru November 10, 2018 with no waiver of fees. (Neighborhood Services) 13. Investment transactions for the month ended January 31, 2018. (Finance) 14. Warrant Register #32 for the period of 01 /31 /18 through 02/06/18 in the amount of $1,302,905.92. (Finance) 15. Warrant Register #33 for the period of 02/07/18 through 02/13/18 in the amount of $1,696,612.61. (Finance) PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS 4 of 279 CC/CDC-HA Agenda 3/20/2018 — Page 5 16. Public Hearing No. 1 of 2 for the U.S. Department of Housing and Urban Development (HUD) 2018-2019 Annual Action Plan and the allocation of 2018-2019 HUD entitlement grant funds, program income, and funds remaining from completed projects to Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program activities proposed for 2018-2019 Annual Action Plan. (Housing & Economic Development) 17. Public Hearing and Introduction of an Ordinance of the City Council of the City of National City amending Chapter 10.43 of the National City Municipal Code concerning alcohol and illegal drug offenses by minors and juveniles. (City Attorney) NON CONSENT RESOLUTIONS 18. Resolution of the City Council of the City of National City authorizing the Mayor to execute two separate Real Property License Agreements with San Diego Gas & Electric Company (SDG&E) for the installation of eight Electric Vehicle Charging Stations, associated equipment and infrastructure at City Hall (located at 1243 National City Boulevard) and four Electric Vehicle Charging Stations, associated equipment and infrastructure at Public Works Yard (located at 1726 Wilson Avenue) for use by City fleet vehicles and City employees' personal vehicles, at their own expense, as part of SDG&E's "Power Your Drive" Program. (Engineering/Public Works) **Companion Item #2** 19. Resolution of the City Council of the City of National City approving an amendment to the Fiscal Year 2018 salary schedule for the Executive employee group to reflect the City Manager's salary adjustment to $18,656 per month, effective January 27, 2018 in accordance with the terms of her City Council approved employment contract as adopted on September 1, 2015. (Human Resources) NEW BUSINESS 20. Notice of Decision — Planning Commission approval of a Conditional Use Permit and Coastal Development Permit for a gas station and convenience store with beer and wine sales to be located at 724 Civic Center Drive in the Coastal Zone. (Applicant: Stosh Podeswik) (Case File 2017-03 CUP, CDP) (Planning) 21. Notice of Decision — Planning Commission approval of a Zone Variance to waive the minimum street wall requirement for a multi -family development located at 1628 Orange Street. (Applicant: Keith Robinson) (Case File 2017-27 Z) (Planning) B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY 5 of 279 CC/CDC-HA Agenda 3/20/2018 — Page 6 CONSENT RESOLUTIONS - HOUSING AUTHORITY PUBLIC HEARINGS: RESOLUTIONS - HOUSING AUTHORITY NON CONSENT RESOLUTIONS - HOUSING AUTHORITY NEW BUSINESS - HOUSING AUTHORITY C. REPORTS STAFF REPORTS MAYOR AND CITY COUNCIL CLOSED SESSION REPORT ADJOURNMENT Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday - April 3, 2018 - 6:00 p.m. - Council Chambers - National City, California. Upcoming Special Meetings • Monday, March 26, 4:00 p.m. - Housing Workshop • Tuesday, April 3, 4:00 p.m. - CIP Needs Assessment Workshop • Tuesday, April 17, 4:00 p.m. - Homeless Outreach Workshop Budget Schedule - FY 2019 • Tuesday, May 8, 2018, 5:00 p.m. - Budget Workshop / Preliminary Budget Presentation • Tuesday, May 29, 2018, 5:00 p.m. - Budget Workshop • Tuesday, June 12, 2018, 6:00 p.m. - Budget Hearing / Adoption 6 of 279 CC/CDC-HA Agenda 3/20/2018 — Page 7 The following page(s) contain the backup material for Agenda Item: Employee of the Quarter 2018 - Dora Gallegos, Accounting Assistant. (Finance) 7 of 279 CITY OF NATIONAL CITY MEMORANDUM DATE: March 1, 2018 TO: Leslie Deese, ► y anager FROM: Stacey Steve eputy City Manager SUBJECT: EMPLOYEE OF THE QUARTER PROGRAM The Employee Recognition Program conununicates the City's appreciation for outstanding performance. In doing so, it recognizes employees who maintain high standards ofpersonal conduct and make significant contributions to the workplace and community. The employee to be recognized for the 15` Quarter of calendar year 2018 is: Dora Gallegos — Accounting Assistant By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, March 20t to be recognized for her achievement and service. Attachment cc: Dora Gallegos Mark Roberts — Director of Finance Josie Flores -Clark — Executive Assistant Human Resources — Office File 8 of 279 RECtl3'Err MAR 0 12018 HUMA.R n S \'. ATIOp►�AL CITY I IRCES DEPARTMENT Performance Recognition Award Nomination Form 1 nominate Dora Gallegos for the Performance Recognition Award for the following reasons: Please state reason why your nominee should receive an award, (i.e., examples of service beyond requirements of position, exemplary service to the public, outstanding job performance, etc.). Do not exceed 150 total words. Please be as specific as possible when giving your examples. "Other duties as needed." Dora Gallegos has always unselfishly stepped up to assist others when needed, whether it be serving as a backup for processing invoices, filling in at Finance's front counter to assist customers when regular front counter staff was absent, or lending a hand any other time someone needed help. And when asked to ream to process payroll, to ensure a backup was available to perform that important work if needed, Dora volunteered without a second thought. So when the Payroll Technician position became vacant on short notice, Dora was ready to step in, as she always has, putting in whatever time and effort was needed, to ensure the hard-working employees of the City of National City got paid accurately and on time. For always going above and beyond and for, essentially, making "other duties as needed" her motto, 1 nominate Dora Gallegos for the City of National Citv's Performance Recognition Award. FORWARD COMPLETED NOMINATION TO: National City Performance Recognition Program Human Resources Department Nominated bv: Mark Roberts Sig nature: Xedel Date: 3/1/18 9 of 279 CC/CDC-HA Agenda 3/20/2018 — Page 10 The following page(s) contain the backup material for Agenda Item: Electric Vehicle Charging Stations to be used for City Fleet Vehicles and City Employees' Personal Vehicles (at their own expense) as part of SDG&E's "Power Your Drive" Program. (Lianna Rios, Electric Vehicle Customer Solutions Manager) (Engineering/Publ 10 of 279 Item 3/20/2018 ELECTRIC VEHICLE CHARGING STATIONS TO BE USED FOR CITY FLEET VEHICLES AND CITY EMPLOYEES' PERSONAL VEHICLES (AT THEIR OWN EXPENSE) AS PART OF SDG&E'S "POWER YOUR DRIVE" PROGRAM LIANNA RIOS, ELECTRIC VEHICLE CUSTOMER SOLUTIONS MANAGER (ENGINEERING/PUBLIC WORKS) 11 of 279 CC/CDC-HA Agenda 3/20/2018 — Page 12 The following page(s) contain the backup material for Agenda Item: City of National City Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2017. (Finance) 12 of 279 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 20, 2018 AGENDA ITEM NO. ITEM TITLE: City of National City Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2017. PREPARED BY: Javier Carcamo, Financial Services Officer DEPARTMENT: Finance PHONE: (619) 336-4331 APPROVED BY: EXPLANATION: Transmitted herewith is the City of National City's Comprehensive Annual Financial Report for the fiscal year ended June 30, 2017, prepared by the City's external auditors, The Pun Group, LLP. The report includes all agencies under the control of the City Council, as well as the Successor Agency to the Community Development Commission as the National City Redevelopment Agency. The auditors have conducted their examination of the financial statements in accordance with generally accepted auditing standards and expressed an unmodified ("clean") opinion of those statements. FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: LQ ,Z— Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Not applicable BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: The Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2017 is available on the City's website. Hard copies are available in the City Clerk's Office and the City Library. 13 of 279 CC/CDC-HA Agenda 3/20/2018 — Page 14 The following page(s) contain the backup material for Agenda Item: City of National City Single Audit Report on Federal Awards for the Fiscal Year Ended June 30, 2017. (Finance) 14 of 279 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 20, 2018 AGENDA ITEM NO. ITEM TITLE: City of National City Single Audit Report on Federal Awards for the Fiscal Year Ended June 30, 2017. PREPARED BY: Javier Carcamo, Financial Services Officer DEPARTMENT: Finance PHONE: (619) 336-4331 APPROVED BY: EXPLANATION: Transmitted herewith is the City of National City's Single Audit Report on Federal Awards for the fiscal year ended June 30, 2017, prepared by the City's external auditors, The Pun Group, LLP The report includes all agencies under the control of the City Council. The auditors have conducted their examination of the financial statements in accordance with generally accepted auditing standards and expressed an unmodified ("clean") opinion of those statements. FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: ` /7// Finance APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Not applicable BOARD / COMMISSION RECOMMENDATION: MIS ATTACHMENTS: The Single Audit Report on Federal Awards for the Fiscal Year Ended June 30, 2017 is available on the City's website. Hard copies are available in the City Clerk's Office and the City Library. 15 of 279 CC/CDC-HA Agenda 3/20/2018 — Page 16 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) 16 of 279 Item # 03/20/18 MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE WAIVING OF THE READING OF THE TEXT OF THE ORDINANCES CONSIDERED AT THIS MEETING AND PROVIDING THAT SUCH ORDINANCES SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING OF THE TITLE ONLY. (City Clerk) 17 of 279 CC/CDC-HA Agenda 3/20/2018 — Page 18 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City 1) approving the adoption of the Public Agencies Post -Employment Benefits Trust administered by Public Agency Retirement Services (PARS) to prefund the City's unfunded pension liabilities; 2) app 18 of 279 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 20, 2018 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City 1) approving the adoption of the Public Agencies Post -Employment Benefits Trust plan administered by Public Agency Retirement Services (PARS) to prefund the City's unfunded pension liabilities; 2) appointing the City Manager as the administrator of the plan, and 3) authorizing the plan administrator to execute the documents necessary to implement the plan. PREPARED BY: Mark Roberts, Director of Finance PHONE: 619-336-4330 EXPLANATION: See attached explanation. DEPARTMENT: Finance APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: `G' ' 24 , E7a FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Adopt the resolution 1) approving the adoption of the Public Agencies Post -Employment Benefits Trust plan administered by Public Agency Retirement Services (PARS) to prefund the City's unfunded pension liabilities; 2) appointing the City Manager as the administrator of the plan, and 3) authorizing the plan administrator to execute the documents necessary to implement the plan. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Explanation 2. Public Agencies Post -Employment Benefits Trust Agreement 3. Adoption Agreement for the Post -Employment Section 115 Trust 4. Internal Revenue Service Private Letter Ruling — Public Agencies Post -Employment Benefits Trust 5. US Bank Investment Strategy Selection and Disclosure Form 6. US Bank Discretionary Trustee Fee Schedule 19 of 279 Attachment Resolution of the City Council of the City of National City 1) approving the adoption of the Public Agencies Post -Employment Benefits Trust plan administered by Public Agency Retirement Services (PARS) to prefund the City's unfunded pension liabilities; 2) appointing the City Manager as the administrator of the plan, and 3) authorizing the plan administrator to execute the documents necessary to implement the plan. March 20, 2018 Explanation During the Fiscal Year 2018 Budget Priorities workshop on February 7, 2017, staff provided the City Council an overview of the City's pension plans. The overview included the growth of the plans net (unfunded) liabilities and associated contribution costs over the past ten years and recent CaIPERS developments which will accelerate the growth of the liabilities over the next several years. At the fiscal year 2018 budget workshop on February 28, 2017, Mary Beth Redding of Bartel Associates, the City's pension and other postemployment plan (OPEB) actuarial consultant, provided a comprehensive analysis of the pension plans and an overview of the OPEB plan, including the plans' unfunded liabilities, and discussed prefunding options for the plans, recommending establishing an irrevocable trust or trusts as the most prudent choice. Having evaluated the prefunding options and consulted with Bartel Associates, staff brought forward a recommendation to the Council at the April 25, 2017 Fiscal Year 2018 Budget Workshop to authorize the establishment of an irrevocable trust (or trusts) with a total initial contribution of $1 million. To assist in making its decision regarding the recommendation, the Council directed staff to prepare an analysis of the benefits and drawbacks of establishing the trust(s). At the regular City Council meeting of May 16, 2017, staff presented the advantages and potential disadvantages of pension and OPEB trusts and recommended the Council approve the establishment of a trust and an initial contribution of $1 million, with the contribution allocated amongst City funds with pension obligations and sufficient available resources. The Council approved the establishment of the Irrevocable Supplemental Pension Trust Fund, and transfers totalling $1 million to the fund from various other City funds is included in the Fiscal Year 2018 Adopted. During the regular City Council meeting of December 19, 2017, the Council authorized the execution of an agreement with PARS to provide pension trust administration services. Staff brings this agenda item forward to request Council approval of the adoption of the Public Agencies Post -Employment Benefits Trust ("Trust") administered by PARS to prefund the City's unfunded pension liabilities, appointment of the City Manager as Plan Administrator for the Trust, and authorization for the Plan Administrator to execute the documents necessary to establish and maintain the City's Trust account. Included in the documents to be executed to establish the account are: • Adoption Agreement for the Post -Employment Section 115 Trust, required for the official adoption of the Public Agencies Post -Employment Benefits Trust 20 of 279 Attachment Resolution of the City Council of the City of National City 1) approving the adoption of the Public Agencies Post -Employment Benefits Trust plan administered by Public Agency Retirement Services (PARS) to prefund the City's unfunded pension liabilities; 2) appointing the City Manager as the administrator of the plan, and 3) authorizing the plan administrator to execute the documents necessary to implement the plan. March 20, 2018 Agreement (described below) and the establishment of the City's pension trust account. • US Bank Investment Strategy Selection and Disclosure Form, listing the various investment portfolios offered under the program from which the City may select. • US Bank, as investment manager, through its subadvisor, HighMark Capital Management Inc., will invest plan assets in accordance with the City's selection. • US Bank Discretionary Trustee Fee Schedule, disclosing fees charged for trustee and investment management services for the assets of the trust. The Public Agencies Post -Employment Benefits Trust Agreement established the multiple employer trust arrangement, i.e., the Trust, in which the City would participate to prefund its unfunded pension liability. The private letter ruling issued by the Internal Revenue Service (IRS) to PARS in relation to the Trust is also included with this agenda statement for reference and information. The private letter ruling, issued on June 5, 2015, confirms that income derived from the Trust is tax-exempt under Section 115(1) of the Internal Revenue Code, due to the IRS's determination the Trust serves to perform an essential governmental function. 21 of 279 PUBLIC AGENCIES POST -EMPLOYMENT BENEFITS TRUST AGREEMENT (Effective November 5, 2014) 22 of 279 ARTICLE I DEFINITIONS 1.1 "Adoption Agreement" shall have the meaning given to such term in Section 2.3. 1.2 "Agency Account" shall have the meaning given to such term in Section 2.4. 1.3 "Agreement for Administrative Services" shall mean the agreement executed between the Employer and the Trust Administrator which authorizes the Trust Administrator to perform specific duties of administering the Agency Account of the Employer. 1.4 "Assets" shall have the meaning given to such term in Section 2.5. 1.5 "Code" shall mean the Internal Revenue Code of 1986 as amended from time to time. 1.6 "Delegatee" shall mean an individual or entity, appointed by the Plan Administrator or Employer to act in such matters as are specified in the appointment. 1.7 "Effective Date" shall mean the date first written above, the date the Trust was established, and with respect to each Employer, the Effective Date shall be the date on which the Employer executes the Adoption Agreement. 1.8 "Eligible Beneficiary" shall mean any person who, due to his or her relationship to an Eligible Employee, is entitled to post -employment benefits pursuant to the Employer's Pension Plan or OPEB Plan, including but not limited to the Eligible Employee's current or former spouse or domestic partner, child, dependent, or survivor. 1.9 "Eligible Employee" shall mean any employee of an Employer who is entitled to post -employment benefits pursuant to the Employer's Pension Plan or OPEB Plan. Unless the context otherwise requires, the term "Eligible Employee" as used herein shall include any Eligible Beneficiaries. 1.10 "Employer" shall mean a public agency that executes the Adoption Agreement, thereby adopting the provisions of this Trust Agreement, provided that such agency is a state, a political subdivision of a state, or an entity the income of which is excludible from gross income under Section 115 of the Code. 1.11 "GASB" shall mean the Governmental Accounting Standards Board. 1.12 "Omnibus Account" shall mean an account, established for record keeping purposes only, to aggregate the balances of the Assets credited to the Agency Accounts. The Trust Administrator shall maintain and reconcile, at the Agency Account level (and subaccount level), the investments of the Agency Accounts Page 1 of 25 23 of 279 and will provide reports to the Plan Administrator with respect to such investments. The Trustee will maintain a record of the aggregate balance (principal and earnings) for all Agency Accounts. The Trust Administrator will in the ordinary course of business maintain a record of the name, address, taxpayer identification number, account number and amount of funds, including earnings, of each Employer. On periodic valuation dates (no less frequently than monthly) to be established by the Trust Administrator, the Trustee and Trust Administrator will reconcile the aggregate balance information maintained by the Trustee with the Agency Account level records maintained by the Trust Administrator pursuant to this Trust Agreement. 1.13 "OPEB" shall mean "other post -employment benefits," such as medical, dental, vision, life insurance, long-term care and other similar benefits provided to retirees, other than pension benefits. 1.14 "OPEB Obligation" shall mean an Employer's obligation to provide OPEB to its Eligible Employees in accordance with the Employer's OPEB Plan. 1.15 "OPEB Plan" shall mean the Public Agencies Post -Employment Health Care Plan, as adopted by the Employer under the Adoption Agreement. 1.16 "Pension Obligation" shall mean an Employer's obligation to contribute to the Pension Plan's Qualified Trust and shall not, for example, mean an Employer's Obligation to provide retirement benefits under the Pension Plan to the Employer's Eligible Employees. 1.17 "Pension Plan" shall mean an Employer's defined -benefit pension plan or plans, each of which is (i) qualified under Section 401(a) of the Code, (ii) sponsored by the Employer in order to provide retirement benefits to its Eligible Employees, and (iii) partly or wholly funded by the Employer's contributions to a Qualified Trust. 1.18 "Plan Administrator" shall mean the individual designated by position of employment at the Employer to act on its behalf in all matters relating to the Employer's participation in the Trust. 1.19 "Qualified Trust" shall mean a trust which (i) is separate and apart from the Trust, (ii) constitutes a qualified trust under Code Section 401(a), and (iii) funds retirement benefits provided under an Employer's Pension Plan to the Employer's Eligible Employees. 1.20 "Trust" shall mean the Public Agencies Post -Employment Benefits trust arrangement. 1.21 "Trust Administrator" shall mean Public Agency Retirement Services or any successor trust administrator appointed by the Employers as provided herein. The Trust Administrator shall serve as trust administrator to the Trust established Page 2 of 25 24 of 279 pursuant to this Trust Agreement until such Trust Administrator resigns or is removed as provided in Article III. 1.22 "Trust Agreement" shall mean this Public Agencies Post -Employment Benefits trust document adopted by each Employer upon execution of an Adoption Agreement, as amended from time to time. 1.23 "Trustee" shall mean U.S. Bank National Association, or any successor trustee appointed by the Employers as provided herein. The Trustee shall serve as trustee of the Trust established pursuant to the provisions of this Trust Agreement until such Trustee resigns or is removed as provided in Article III. ARTICLE II THE TRUST 2.1 Multiple Employer Trust The Trust is a multiple employer trust arrangement established to provide economies of scale and efficiency of administration to public agencies that adopt it to hold the assets used to fund the agency's OPEB Obligation or Pension Obligation or both. The Trust is divided into Agency Accounts to hold the Assets of each Employer as described in Section 2.4. 2.2 Purpose The Trust is established with the intention that it qualify as a tax-exempt trust performing an essential governmental function within the meaning of Section 115 of the Code and any regulations issued thereunder and as a tax-exempt trust under the provisions of the relevant state's statutory provisions of each Employer. This Trust Agreement shall be construed and the Trust shall be administered in a manner consistent with such intention. The fundamental purpose of the Trust is to fund the Employer's OPEB Obligation or Pension Obligation or both. It is intended that adopting Employers retain an interest in the underlying securities held in the Trust on their behalf, rather than in the Trust itself. The Employer hereby represents and warrants that the assets held hereunder (including the Assets) are not assets of any qualified plan under Code Section 401(a), regardless of the character of such assets once distributed. The Employer hereby acknowledges that the Trust does not constitute a qualified trust under Code Section 401(a). 2.3 Employers Any public agency may, by action of its governing body in writing accepted by the Trustee, adopt the provisions of the Trust Agreement. Executing an adoption instrument for the Trust ("Adoption Agreement"), in the form attached hereto as Exhibit "A" (or such other form as may be approved by the Trustee), shall Page 3 of 25 25 of 279 constitute such adoption, unless the Trustee requires additional evidence of adoption. In order for such adoption to be effective, the public agency must also execute an Agreement for Administrative Services with Public Agency Retirement Services, the Trust Administrator, pursuant to Section 3.6 of this Trust Agreement. Such adopting Employer shall then become an Employer of the Trust. Each such Employer shall, at a minimum, furnish the Trust Administrator with the following documents to support its adoption of the Trust: (a) a certified copy of the resolution(s) of the governing body of the Employer authorizing the adoption of the Trust Agreement and the appointment of the Plan Administrator for such Employer; (b) an original of the Adoption Agreement executed by the Plan Administrator or other duly authorized Employer employee; (c) an original of the Agreement for Administrative Services with Public Agency Retirement Services executed by the Plan Administrator or other duly authorized Employer employee and Public Agency Retirement Services; (d) an address notice; and (e) such other documents as the Trustee may reasonably request. {f) Any action taken by the Plan Administrator for an Employer shall be deemed to have been taken by such Employer. Any notice given to or delivered by the Plan Administrator for an Employer shall be deemed to have been given to or delivered by such Employer. 2.4 Agency Accounts (a) Upon an Employer's adopting the Trust Agreement, as provided in Section 2.3, a separate "Agency Account" shall be established under the Trust for that Employer, and all Assets of the Trust attributable to that Employer shall be held in that Employer's Agency Account. (b) An Employer's Agency Account comprises three subaccounts: a "Pension Account", an "OPEB Account", and a "Suspense Account". The Assets of the Trust that are held in the Employer's Pension Account will be available only to fund the Employer's Pension Obligation and defray the reasonable expenses associated with the same. The Assets of the Trust that are held in the Employer's OPEB Account will be available only to fund the Employer's OPEB Obligation and defray the reasonable expenses associated with the same. (c) The Assets of the Trust that are held in an Employer's Agency Account shall not be available to pay any obligations incurred by any other Employer as provided in Section 2.8. Page 4 of 25 26 of 279 (d) All contributions and transfers received by the Trust on behalf of the Employer will be held in the Employer's Agency Account and will be allocated to the subaccounts under the Agency Account as follows: (1) If the Employer maintains a Pension Account or OPEB Account (and not both a Pension Account and an OPEB Account), all contributions and transfers received by the Trust on the Employer's behalf will be allocated to that subaccount. (2) If the Employer maintains both a Pension Account and an OPEB Account, contributions and transfers received by the Trust on the Employer's behalf will be allocated to either the Pension Account or OPEB Account, as directed by the Plan Administrator. To the extent the Plan Administrator does not provide such direction, the Employer hereby directs the Trustee to allocate such contributions and transfers to the Suspense Account and to use the assets of the Suspense Account to purchase a position in the sweep vehicle identified on an exhibit hereto or, if none is identified, to hold such assets un-invested. The Plan Administrator may at any time direct the reallocation of cash from the Suspense Account to either the Pension Account or the OPEB Account. (3) Once allocated to the Pension Account or the OPEB Account, amounts under the Trust may not subsequently be transferred to the other subaccount. 2.5 Assets of Agency Account The assets held in an Agency Account shall consist of all contributions and transfers received by the Trust on behalf of the Employer, together with the income and earnings from such contributions and transfers, and any increments accruing to the Agency Account, net of any investment losses, benefits, expenses or other costs ("Assets"). All contributions or transfers shall be received by the Trustee in cash or in other property acceptable to the Trustee. The Trustee shall manage and administer the Assets held in Agency Accounts without distinction between principal and income. The Trustee and the Trust Administrator shall have no duty to compute any amount to be transferred or paid to the Agency Account by the Employer, and the Trustee and the Trust Administrator shall not be responsible for the collection of any contributions or transfers to the Agency Account. 2.6 Aggregate Balance for Investment and Administration The balances of the Assets of more than one Agency Account may be aggregated by the Trustee in one or more Omnibus Accounts for investment and administrative purposes, to provide economies of scale and efficiency of administration to the Agency Accounts. The responsibility for Agency Account level accounting (including subaccount-level accounting within each Agency Account) within this Omnibus Account(s) shall be that of the Trust Administrator. Page 5 of 25 27 of 279 2.7 Trustee Accounting The Trustee shall be responsible only for maintaining records and maintaining accounts for the aggregate assets of the Trust. The responsibility for accounting and subaccounting for each Agency Account, based upon the Omnibus Account(s), shall be that of the Trust Administrator. 2.8 No Diversion of Assets The Assets in each Employer's Agency Account shall be held in trust for the exclusive purpose of funding the Employer's OPEB Obligation or Pension Obligation or both and defraying the reasonable expenses associated with the same. The Assets in each Agency Account shall not be used for or diverted to, any other purpose, including, but not limited to, the satisfaction of any other Employer's Pension Obligation or OPEB Obligation. 2.9 Type and Nature of Trust Neither the full faith and credit nor the taxing power of each Employer is pledged to the distribution of amounts hereunder. Except for contributions and other amounts hereunder, no other amounts are pledged to the distribution of benefits hereunder. Distributions of benefits are neither general nor special obligations of any Employer, but are payable solely from the Assets held in such Employer's Agency Account, as more fully described herein. No employee of any Employer or beneficiary may compel the exercise of the taxing power by any Employer. Distributions of Assets from any Agency Account are not debts of any Employer within the meaning of any constitutional or statutory limitation or restriction. Such distributions are not legal or equitable pledges, charges, liens or encumbrances, upon any of an Employer's property, or upon any of its income, receipts, or revenues, except amounts in the accounts which are, under the terms of each Plan and the Trust set aside for distributions. Neither the members of the governing body of any Employer nor its officers, employees, agents or volunteers are liable hereunder. 2.10 Loss of Tax -Exempt Status as to Any Employer If any Employer participating in the Trust receives notice from the Internal Revenue Service that the Trust as to such Employer fails to satisfy the requirements of Section 115 of the Code, or if any Employer consents to the Internal Revenue Service's determination that the Trust fails to meet such requirements, Assets having a value equal to the funds then held in such Employer's Agency Account shall be segregated and placed in a separate trust by the Trustee for the exclusive benefit of such Employer's Eligible Employees within a reasonable time after the Trust Administrator notifies the Trustee of the Internal Revenue Service's determination. Each Employer participating in the Trust agrees to immediately notify the Trust Administrator upon receiving such Page 6 of 25 28 of 279 notice or giving such consent. The separate trust provided for in this Section 2.10 shall thereafter be considered as a separate trust containing all of the provisions of this Trust Agreement until terminated as provided in this Trust Agreement. ARTICLE III ADMINISTRATIVE MATTERS 3.1 Appointment of Trustee The Employers may, with the approval of two-thirds (2/3) or more of the Employers then participating in the Trust, act to appoint a bank, trust company, retirement board, insurer, committee or such other entity as permitted by law, to serve as the trustee of this Trust. Such action must be in writing. Upon the written acceptance of such entity it shall become the Trustee of the Trust. If the Trustee is removed or resigns pursuant to Section 3.2, the Employers shall appoint a successor Trustee in accordance with the voting requirements set forth in this Section 3.1. 3.2 Resignation or Removal of Trustee The Employers may act to remove the Trustee, provided that such action must satisfy the voting requirements set forth in Section 3.1 and notice of such action must be promptly delivered to the Trust Administrator, the Trustee and each Plan Administrator. The Trustee may also resign at any time by giving at least ninety (90) days prior written notice to the Trust Administrator and to the Plan Administrator of each Employer that has adopted the Trust Agreement and not terminated its participation in the Trust; provided, however, that the Trustee may resign immediately upon the earlier of the approval date or the effective date of any amendment of the Trust Agreement by the Employers that would change or modify the duties, powers or liabilities of the Trustee hereunder without the Trustee's consent. The Trustee shall, upon the appointment and acceptance of a successor trustee, transfer and deliver the Assets and all records relating to the Trust to the successor, after reserving such reasonable amount as it shall deem necessary to provide for its fees and expenses and any sums chargeable against the Trust for which it may be liable. The Trustee shall do all acts necessary to vest title of record in the successor trustee. 3.3 Withdrawal of Employer An Employer may elect to withdraw from the Trust by giving at least thirty (30) days prior written notice to the Trustee and the Trust Administrator. If an Employer so elects to withdraw, Assets having a value equal to the funds held in such Employer's Agency Account shall be segregated by the Trustee and, as soon as practicable, shall be transferred to one or more trusts maintained by the Employer, provided that (i) for Assets transferred from the OPEB Account, any such trust shall satisfy the requirements of Section 115 of the Code, (ii) for Assets Page 7 of 25 29 of 279 transferred from the Pension Account, any such trust shall satisfy the requirements of either Section 115 or 401(a) of the Code, and (iii) all assets held by any such trust and previously held in the Employer's Pension Account or OPEB Account shall qualify as "plan assets" within the meaning of GASB Statement No. 68 (Accounting and Financial Reporting for Pensions —An Amendment of GASB Statement No. 27) or GASB Statement No. 45 (Accounting and Financial Reporting by Employers for Postemployment Benefits Other Than Pensions), respectively, in each case as reasonably determined by the Employer and certified in writing by the Employer to the Trust Administrator. The Employer shall appoint a trustee for such Employer's separate trust and, upon the trustee's acceptance of that appointment, the trustee will be vested with title to the transferred Assets. 3.4 The Plan Administrator The governing body of each Employer shall have plenary authority for the administration and investment of such Employer's Agency Account pursuant to any applicable state laws and applicable federal laws and regulations. Each Employer shall by resolution designate a Plan Administrator. Unless otherwise specified in the instrument the Plan Administrator shall be deemed to have authority to act on behalf of the Employer in all matters pertaining to the Employer's participation in the Trust and in regard to the Agency Account of the Employer. Such appointment of a P1an Administrator shall be effective upon receipt and acknowledgment by the Trustee and the Trust Administrator and shall be effective until the Trustee and the Trust Administrator are furnished with a resolution of the Employer that the appointment has been modified or terminated. 3.5 Failure to Appoint Plan Administrator If a Plan Administrator is not appointed, or such appointment lapses, the Employer shall be deemed to be the Plan Administrator. As used in this document the term "Plan Administrator" shall be deemed to mean "Employer" when a P1an Administrator has not been appointed for such Employer. 3.6 Delegatee The Plan Administrator, acting on behalf of the Employer, may delegate certain authority, powers and duties to a Delegatee to act in those matters specified in the delegation. Any such delegation must be in a writing that names and identifies the Delegatee, states the effective date of the delegation, specifies the authority and duties delegated, is executed by the Plan Administrator, is acknowledged in writing by the Delegatee, and is certified as required in Section 3.7 to the Trust Administrator. Such delegation shall be effective until the Trustee and the Trust Administrator are directed in writing by the Plan Administrator that the delegation has been rescinded or modified. Page 8 of 25 30 of 279 3.7 Certification to Trustee The governing body of each Employer, or other duly authorized official, shall certify in writing to the Trustee and the Trust Administrator the names and specimen signatures of the Plan Administrator and Delegatee, if any, and all others authorized to act on behalf of the Employer whose names and specimen signatures shall be kept accurate by the Employer acting through a duly authorized officer or governing body of the Employer. The Trustee and the Trust Administrator shall have no liability if they act upon the direction of a Plan Administrator or Delegatee that has been duly authorized, as provided in Section 3.6, if that Plan Administrator or Delegatee is no longer authorized to act, unless the Employer has informed the Trustee and the Trust Administrator of such change. 3.8 Directions to Trustee All directions to the Trustee from the Plan Administrator or Delegatee must be in writing and must be signed by the Plan Administrator or Delegatee, as the case may be. For all purposes of this Trust Agreement, direction shall include any certification, notice, authorization, application or instruction of the Plan Administrator, Delegatee or Trustee appropriately communicated. The above notwithstanding, direction may be implied if the Plan Administrator or Delegatee has knowledge of the Trustee's intentions and fails to file written objection. The Trustee shall have the power and duty to comply promptly with all proper directions of the Plan Administrator or Delegatee, appointed in accordance with the provisions of this Trust Agreement. In the case of any direction deemed by the Trustee to be unclear or ambiguous the Trustee may seek written instructions from the Plan Administrator, the Employer or the Delegatee on such matter and await their written instructions without incurring any liability. If at any time the Plan Administrator or the Delegatee should fail to give directions to the Trustee, the Trustee may act in the manner that in its discretion seems advisable under the circumstances for carrying out the purposes of the Trust and/or the applicable Agency Account which may include not taking any action. The Trustee may request directions or clarification of directions received and may delay acting until clarification is received. In the absence of timely direction or clarification, or if the Trustee considers any direction to be a violation of the Trust Agreement or any applicable law, the Trustee shall in its sole discretion take appropriate action, or refuse to act upon a direction. 3.9 Appointment of Trust Administrator The Employers may, with the approval of two-thirds (2/3) or more of the Employers then participating in the Trust, act to appoint a bank, trust company, retirement board, insurer, committee or such other entity as permitted by law, to serve as Trust Administrator of the Trust. Such action must be in writing. Upon the written acceptance of such entity it shall become the Trust Administrator of Page 9 of 25 31 of 279 the Trust. If the Trust Administrator is removed or resigns pursuant to Section 3.13, the Employers shall appoint a successor Trust Administrator in accordance with the voting requirements set forth in this Section 3.9. 3.10 Trust Administrator The Trust Administrator's duties involve the performance of the following services pursuant to the provisions of this Trust Agreement and the Agreement for Administrative Services: (a) Performing periodic accounting of each Agency Account (including subaccount-level accounting within each Agency Account) and reconciling such Agency Account balances with the Trust/Omnibus Account; (b) Directing the Trustee to make distributions from the appropriate subaccount under an Agency Account in accordance with Section 5.9. (c) Allocating contributions, earnings and expenses to each Agency Account and the underlying subaccounts; (d) Directing the Trustee to pay the fees of the Trust Administrator and to do such other acts as shall be appropriate to carry out the intent of the Trust; (e) Such other services as the Employer and the Trust Administrator may agree in the Agreement for Administrative Services pursuant to Section 2.3. The Trust Administrator shall be entitled to rely on, and shall be under no duty to question, any direction and/or data received from the Plan Administrator, or other duly authorized entity, in order to perform its authorized duties under this Trust Agreement. The Trust Administrator shall not have any duty to compute contributions made to the Trust, determine or inquire whether contributions made to the Trust by the Plan Administrator or other duly authorized entity are adequate to meet an Employer's Pension Obligation or OPEB Obligation as may be determined under any applicable GASB pronouncement; or determine or inquire whether contributions made to the Trust are in compliance with the Employer's OPEB Plan or Pension Plan. The Trust Administrator shall not be liable for nonperformance of duties if such nonperformance is directly caused by erroneous, and/or late delivery of, directions or data from the Plan Administrator, or other duly authorized entity. 3.11. Additional Trust Administrator Services The Plan Administrator may at any time retain the Trust Administrator as its agent to perform any act, keep any records or accounts and make any computations which are required of the Employer or the Plan Administrator by this Trust Agreement or by the Employer's policies and/or applicable collective bargaining agreements. The Trust Administrator shall be separately compensated Page 10 of 25 32 of 279 for such service and such services shall not be deemed to be contrary to the Trust Agreement. 3.12 Trust Administrator's Compensation As may be agreed upon from time to time by the Employer and Trust Administrator, the Trust Administrator will be paid reasonable compensation for services rendered or reimbursed for expenses properly and actually incurred in the performance of duties with respect to such Employer's Agency Account and to the Trust. 3.13 Resignation or Removal of Trust Administrator The Employers may act to remove the Trust Administrator, provided that such action must satisfy the voting requirements set forth in Section 3.9 and notice of such action must be promptly delivered to the Trust Administrator, the Trustee and each Plan Administrator. The Trust Administrator may also resign at any time by giving at least one hundred and twenty (120) days prior written notice to the Trustee and to the Plan Administrator of each Employer that has adopted the Trust Agreement and not terminated its participation in the Trust; provided, however, that the Trust Administrator may resign immediately upon the earlier of the approval date or the effective date of any amendment of the Trust Agreement by the Employers that would change or modify the duties, powers or liabilities of the Trust Administrator hereunder without the Trust Administrator's consent. The Trust Administrator shall, upon the appointment and acceptance of a successor trust administrator, transfer all records relating to the Trust to the successor. ARTICLE IV THE TRUSTEE 4.1 Powers and Duties of the Trustee Except as otherwise provided in Article V and subject to Article VI, the Trustee shall have full power and authority with respect to property held in the Trust to do all such acts, take all proceedings, and exercise all such rights and privileges, whether specifically referred to or not in this document, as could be done, taken or exercised by the absolute owner, including, without limitation, the following: (a) To invest and reinvest the Assets or any part hereof in any one or more kind, type, class, item or parcel of property, real, personal or mixed, tangible or intangible; or in any one or more kind, type, class, item or issue of investment or security; or in any one or more kind, type, class or item of obligation, secured or unsecured; or in any combination of them (including those issued by the Trustee of any of its affiliates, to the extent permitted by applicable law), and to retain the property for the period of time that the Trustee deems appropriate; Page 11 of 25 33 of 279 (b) To acquire and sell options to buy securities ("call" options) and to acquire and sell options to sell securities ("put" options); (c) To buy, sell, assign, transfer, acquire, loan, lease (for any purpose, including mineral leases), exchange and in any other manner to acquire, manage, deal with and dispose of all or any part of the Trust property, for cash or credit and upon any reasonable terms and conditions; (d) To make deposits, with any bank or savings and loan institution, including any such facility of the Trustee or an affiliate thereof provided that the deposit bears a reasonable rate of interest; (e) To invest and reinvest the Assets, or any part thereof in any one or more collective investment trust funds, including common and group trust funds that consist exclusively of assets of exempt pension and profit sharing trusts and individual retirement accounts qualified and tax exempt under the Code, that are maintained by the Trustee or an affiliate thereof. The declaration of trust or plan of operations for any such common or collective fund is hereby incorporated herein and adopted into this Trust Agreement by this reference. The combining of money and other assets of the Trust with money and other assets of other non - qualified trusts in such fund or funds is specifically authorized. Notwithstanding anything to the contrary in this Trust Agreement, the Trustee shall have full investment responsibility over Assets of the Trust invested in such commingled funds. If the plan and trust for any reason lose their tax exempt status, and the Assets have been commingled with assets of other tax exempt trusts in Trustee's collective investment funds, the Trustee shall within 30 days of notice of such loss of tax exempt status, liquidate the Trust's units of the collective investment fund(s) and invest the proceeds in a money market fund pending investment or other instructions from the Plan Administrator. The Trustee shall not be liable for any loss or gain or taxes, if any, resulting from said liquidation; (f) To place uninvested cash and cash awaiting distribution in one or more mutual funds and/or commingled investment funds maintained by or made available by the Trustee or any of its affiliates, and to receive compensation from the sponsor of such fund(s) for services rendered, separate and apart from any Trustee's fees hereunder. The Trustee or its affiliate may also be compensated for providing investment advisory services to any mutual fund or commingled investment funds; (g) To borrow money for the purposes of the Trust from any source with or without giving security; to pay interest; to issue promissory notes and to secure the repayment thereof by pledging all or any part of the Assets; (h) To take all of the following actions: to vote proxies of any stocks, bonds or other securities; to give general or special proxies or powers of attorney with or Page 12 of 25 34 of 279 without power of substitution; to exercise any conversion privileges, subscription rights or other options, and to make any payments incidental thereto; to consent to or otherwise participate in corporate reorganizations or other changes affecting corporate securities and to delegate discretionary powers and to pay any assessments or charges in connection therewith; and generally to exercise any of the powers of an owner with respect to stocks, bonds, securities or other property held in the Trust; (i) To make, execute, acknowledge and deliver any and all documents of transfer and conveyance and any and all other instruments that may be necessary or appropriate to carry out the powers herein granted; (j) To raze or move existing buildings; to make ordinary or extraordinary repairs, alterations or additions in and to buildings; to construct buildings and other structures and to install fixtures and equipment therein; (k) To pay or cause to be paid from the Trust any and all real or personal property taxes, income taxes or other taxes or assessments of any or all kinds levied or assessed upon or with respect to the Trust; (1) To exercise all the further rights, powers, options and privileges granted, provided for, or vested in trustees generally under applicable federal or state laws, as amended from time to time, it being intended that, except as herein otherwise provided, the powers conferred upon the Trustee herein shall not be construed as being in limitation of any authority conferred by law, but shall be construed as consistent or in addition thereto. 4.2 Additional Trustee Powers In addition to the other powers enumerated above, the Trustee in any and all events is authorized and empowered: (a) To invest funds pending required directions in any type of interest -bearing account, including, without limitation, time certificates of deposit or interest - bearing accounts issued by the Trustee, or any mutual fund or short term investment fund ("Fund"), whether sponsored or advised by the Trustee or any affiliate thereof); the Trustee or its affiliates may be compensated for providing such investment advice and providing other service to such Fund, in addition to any Trustee's fees received pursuant to this Trust Agreement; (b) To cause all or any part of the Trust to be held in the name of the Trustee (which in such instance need not disclose its fiduciary capacity) or, as permitted by law, in the name of any nominee, and to acquire for the Trust any investment in bearer form, but the books and records of the Trust shall at all times show that all such investments are a part of the Trust and the Trustee shall hold evidences of title to all such investments; Page 13 of 25 35 of 279 (c) To serve as custodian with respect to the Trust Assets; (d) To employ such custodians, agents and counsel as may be reasonably necessary in managing and protecting the Assets and to pay them reasonable compensation from the Trust; to employ any broker -dealer or other agent, including any broker -dealer or other agent affiliated with the Trustee, and pay to such broker -dealer or other agent, at the expense of the Trust, its standard commissions or compensation; to settle, compromise or abandon all claims and demands in favor of or against the Trust; and to charge any premium on bonds purchased at par value to the principal of the Trust without amortization from the Trust, regardless of any law relating thereto; (e) In addition to the powers listed herein, to do all other acts necessary or desirable for the proper administration of the Trust, as though the absolute owner thereof; (f) To prosecute, compromise and defend lawsuits, but without obligation to do so, all at the risk and expense of the Trust; and to tender its defense to the Employer in any legal proceeding where the interests of the Trustee and the Employer are not adverse; (g) To exercise and perform any and all of the other powers and duties specified in this Trust Agreement or the Plan; (h) To permit such inspections of documents at the principal office of the Trustee as are required by law, subpoena or demand by a United States agency; (i) To comply with all requirements imposed by applicable provisions of law; (j) To seek written instructions from the Plan Administrator or other fiduciary on any matter and await their written instructions without incurring any liability. If at any time the Plan Administrator or the fiduciary should fail to give directions to the Trustee, the Trustee may act in the manner that in its discretion seems advisable under the circumstances for carrying out the purposes of the Trust; (k) To compensate such executive, consultant, actuarial, accounting, investment, appraisal, administrative, clerical, secretarial, medical, custodial, depository and legal firms, personnel and other employees or assistants as are engaged by the Plan Administrator in connection with funding the Employer's OPEB Obligation or Pension Obligation or both and to pay from the Trust the necessary expenses of such firms, personnel and assistants, to the extent not paid by the Plan Administrator; Page 14 of 25 36 of 279 (1) To act upon proper written directions of the Plan Administrator or Delegatee, including directions given by photostatic transmissions using facsimile signature, and such other forms of directions as the parties shall agree; (m) To pay from the Trust the expenses reasonably incurred in the administration of the Trust; (n) To maintain insurance for such purposes, in such amounts and with such companies as the Plan Administrator shall elect, including insurance to cover liability or losses occurring by reason of the acts or omissions of fiduciaries but only if such insurance permits recourse by the insurer against the fiduciary in the case of a breach of a fiduciary obligation by such fiduciary. ARTICLE V INVESTMENTS 5.1 Discretionary Versus Directed Investment For the Pension Account and the OPEB Account under the Agency Account, the Employer shall elect either a discretionary or directed investment approach. The Employer may elect the same or different investment approaches for those two subaccounts. The Employer hereby elects a directed approach for the Suspense Account. If the Employer elects a discretionary investment approach for a subaccount, the Employer shall further elect between the various investment strategies offered and the Trustee, in accordance with Article IV, shall have absolute discretion over the investment of the Assets held in such subaccount under the Employer's Agency Account. If the Employer elects a directed investment approach for a subaccount, the Trustee shall direct the investment of the Assets of such subaccount under the Employer's Agency Account in accordance with the direction provided by such Employer. 5.2 Trustee Fees As may be agreed upon, in writing, between the Plan Administrator and Trustee, the Trustee will be paid reasonable compensation for services rendered or reimbursed for expenses properly and actually incurred in the performance of duties with respect to the applicable Agency Account or the Trust. 5.3 Contributions Eligible Employees are not permitted to make contributions to the Trust. The Plan Administrator shall, on behalf of the Employer, make all contributions to the Trustee. Such contributions shall be in cash unless the Trustee agrees to accept a contribution that is not in cash. All contributions shall be paid to the Trustee for investment and reinvestment pursuant to the terms of this Trust Agreement. The Trustee shall not have any duty to determine or inquire whether any contributions Page 15 of 25 37 of 279 to the Trust made to the Trustee by any Plan Administrator are in compliance with the Employer's Pension Plan or OPEB Plan; nor shall the Trustee have any duty or authority to compute any amount to be paid to the Trustee by any Plan Administrator; nor shall the Trustee be responsible for the collection or adequacy of the contributions to meet an Employer's Pension Obligation or OPEB Obligation. The contributions received by the Trustee from each Employer shall be held and administered pursuant to the terms hereof without distinction between income and principal. 5.4 Records (a) The Trustee shall maintain accurate records and detailed accounts of all investments, receipts, disbursements and other transactions hereunder at the Trust level. Such records shall be available at all reasonable times for inspection by the Trust Administrator. The Trustee shall, at the direction of the Trust Administrator, submit such valuations, reports or other information as the Trust Administrator may reasonably require. (b) The Assets of the Trust shall be valued at their fair market value on the date of valuation, as determined by the Trustee based upon such sources of information as it may deem reliable; provided, however, that the Plan Administrator shall instruct the Trustee as to valuation of assets which are not readily determinable on an established market. The Trustee may rely conclusively on such valuations provided by the Plan Administrator and shall be indemnified and held harmless by the Employer with respect to such reliance. If the Plan Administrator fails to provide such values, the Trustee may take whatever action it deems reasonable, including employment of attorneys, appraisers or other professionals, the expense of which will be an expense of administration of the Trust. Transactions in the account involving such hard to value assets may be postponed until appropriate valuations have been received and Trustee shall have no liability therefore. 5.5 Statements (a) Periodically as specified, and within sixty days after December 31, or the end of the Trust's fiscal year if different, Trustee shall render to the Trust Administrator as directed, a written account showing in reasonable summary the investments, receipts, disbursements and other transactions engaged in by the Trustee during the preceding fiscal year or period with respect to the Trust. Such account shall set forth the assets and liabilities of the Trust valued as of the end of the accounting period. (b) The Trust Administrator may approve such statements either by written notice or by failure to express objections to such statements by written notice delivered to the Trustee within 90 days from the date the statement is delivered to the Trust Administrator. Upon approval, the Trustee shall be released and discharged as to all matters and items set forth in such statement as if such Page 16 of 25 38 of 279 account had been settled and allowed by a decree from a court of competent jurisdiction. 5.6 Wire Transfers The Trustee shall follow the Plan Administrator's, Delegatee's, or Trust Administrator's wire transfer instructions in compliance with the written security procedures provided by the party providing the wire transfers. The Trustee shall perform a telephonic verification to the Plan Administrator, Trust Administrator, or Delegatee, or such other security procedure as selected by the party providing wire transfer directions, prior to wiring funds or following facsimile directions as Trustee may require. The Plan Administrator assumes the risk of delay of transfer if Trustee is unable to reach the Plan Administrator, or in the event of delay as a result of attempts to comply with any other security procedure selected by the directing party. 5.7 Exclusive Benefit The Assets of an Employer's Agency Account shall be held in trust for the exclusive purpose of funding the Employer's OPEB Obligation or Pension Obligation or both and defraying the reasonable expenses associated with the same and shall not be used for or diverted to any other purpose. No party shall have authority to use or divert the Assets of an Agency Account of an Employer for the satisfaction of any other Employer's Pension Obligation or OPEB Obligation or any other Employer's expenses. 5.8 Delegation of Duties The Plan Administrator, Delegatee, or Trust Administrator, may at any time retain the Trustee as its agent to perform any act, keep any records or accounts and make any computations that are required of the Plan Administrator, Delegatee or Trust Administrator by this Trust Agreement or by the Plan. The Trustee may be compensated for such retention and such retention shall not be deemed to be contrary to this Trust Agreement. 5.9 Distributions (a) The Trustee shall, from time to time, upon the written direction of the Plan Administrator or Delegatee, make distributions from the Assets of the Trust under the OPEB Account to the insurers, third party administrators, service providers or other entities providing benefits or services under the OPEB Plan, or to Eligible Employees and Eligible Beneficiaries for reimbursement of OPEB Plan premiums (or other payments for OPEB Plan benefits) paid by the Eligible Employee or Eligible Beneficiary, or to the Employer for reimbursement of OPEB Plan benefits and expenses paid by the Employer, in such manner in such form(s), in such amounts and for such purposes as may be specified in such directions. Page 17 of 25 39 of 279 (b) In addition, the Trustee shall, from time to time, upon the written direction of the Plan Administrator or Delegatee, make distributions from the Assets of the Trust under the Pension Account directly to (i) the Qualified Trust as employer contributions, (ii) any insurers, third party administrators, service providers or other entities providing services in connection with determining the Employer's Pension Obligation, or (iii) the Employer as reimbursement for the Employer's payment of amounts described in this Section 5.9(b)(i) and (ii). (c) In no event shall the Trustee have any responsibility respecting the application of distributions from the Assets of the Trust, or for determining or inquiring into whether such distributions are in accordance with the Employer's OPEB Plan, Pension Plan, policies, or applicable collective bargaining agreements. ARTICLE VI FIDUCIARY RESPONSIBILITIES 6.1 More Than One Fiduciary Capacity Any one or more of the fiduciaries with respect to the Trust Agreement or the Trust may, to the extent required thereby or as directed by the Plan Administrator pursuant to this Trust Agreement, serve in more than one fiduciary capacity with respect to the Trust Agreement and the Trust. 6.2 Fiduciary Discharge of Duties Except as otherwise provided by applicable law, each fiduciary shall discharge such fiduciary's duties with respect to the Trust Agreement and the Trust: (a) solely in the interest of the Eligible Employees and for the exclusive purpose of funding the Employer's OPEB Obligation or Pension Obligation or both and defraying the reasonable expenses associated with the same; and (b) with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent man acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of like character and with like aims. 6.3 Limitations on Fiduciary Responsibility To the extent allowed by the laws of the state of each Employer: No fiduciary shall be liable with respect to a breach of fiduciary duty by any other fiduciary if such breach was committed before such party became a fiduciary or after such party ceased to be a fiduciary. Page 18 of 25 40 of 279 No fiduciary shall be liable for a breach by another fiduciary except as provided by law. No fiduciary shall be liable for carrying out a proper direction from another fiduciary, including refraining from taking an action in the absence of a proper direction from the other fiduciary possessing the authority and responsibility to make such a direction, which direction the fiduciary in good faith believes to be authorized and appropriate. 6.4 Indemnification of Trustee by Employer The Trustee shall not be liable for, and Employer shall (to the extent allowed by the laws of the state of each Employer) indemnify, defend (as set out in Section 6.8 of this Trust Agreement), and hold the Trustee (including its officers, agents, employees and attorneys) and other Employers harmless from and against any claims, demands, loss, costs, expense or liability imposed on the indemnified party, including reasonable attorneys' fees and costs incurred by the indemnified party, arising as a result of Employer's active or passive negligent act or omission or willful misconduct in the execution or performance of its duties under this Trust Agreement. 6.5 Indemnification of Employer by Trustee The Employer shall not be liable for, and Trustee shall (to the extent allowed by the laws of the state of each Employer) indemnify, defend (as set out in Section 6.8 of this Trust Agreement), and hold the Employer (including its officers, agents, employees and attorneys) and other Employers harmless from and against any claims, demands, loss, costs, expense or liability imposed on the indemnified party, including reasonable attorneys' fees and costs incurred by the indemnified party, arising as a result of Trustee's active or passive negligent act or omission or willful misconduct in the execution or performance of its duties under this Trust Agreement. 6.6 Indemnification of Trustee by Trust Administrator The Trustee shall not be liable for, and Trust Administrator shall (to the extent allowed by the laws of the state of each Employer) indemnify and hold the Trustee (including its officers, agents, employees and attorneys) harmless from and against any claims, demands, loss, costs, expense or liability imposed on the indemnified party, including reasonable attorneys' fees and costs incurred by the indemnified party, arising as a result of Trust Administrator's active or passive negligent act or omission or willful misconduct in the execution or performance of its duties under this Trust Agreement. 6.7 Indemnification of Trust Administrator by Trustee The Trust Administrator shall not be liable for, and Trustee shall (to the extent allowed by the laws of the state of each Employer) indemnify and hold the Trust Page 19 of 25 41 of 279 Administrator (including its officers, agents, employees and attorneys) harmless from and against any claims, demands, loss, costs, expense or liability imposed on the indemnified party, including reasonable attorneys' fees and costs incurred by the indemnified party, arising as a result of Trustee's active or passive negligent act or omission or willful misconduct in the execution or performance of its duties under this Trust Agreement. 6.8 Indemnification Procedures Promptly after receipt by an indemnified party of notice or receipt of a claim or the commencement of any action for which indemnification may be sought, the indemnified party will notify the indemnifying party in writing of the receipt or commencement thereof. When the indemnifying party has agreed to provide a defense as set out above that party shall assume the defense of such action (including the employment of counsel, who shall be counsel reasonably satisfactory to such indemnitee) and the payment of expenses, insofar as such action shall relate to any alleged liability in respect of which indemnity may be sought against the indemnifying party. Any indemnified party shall have the right to employ separate counsel in any such action and to participate in the defense thereof, but the fees and expenses of such counsel shall not be at the expense of the indemnifying party unless (i) the employment of such counsel has been specifically authorized by the indemnifying party or (ii) the named parties to any such action (including any impleaded parties) include both the indemnifying party and the indemnified party and representation of both parties by the same counsel would be inappropriate due to actual or potential differing interest between them. The indemnifying party shall not be liable to indemnify any person for any settlement of any such action effected without the indemnifying party's consent. The indemnification procedures of this Trust Agreement shall survive the termination of the Trust, any Employer's participation in the Trust and/or this Trust Agreement. 6.9 No Joint and Several Liability This document is not intended to and does not create any joint powers agreement or any joint and several liability. No Employer shall be responsible for any contributions, costs or distributions of any other Employer. ARTICLE VII AMENDMENT, TERMINATION AND MERGER 7.1 No Contractual Obligation An Employer's participation in the Trust does not create, and is not intended to create, any contractual obligation to Eligible Employees. Therefore, no Employer is contractually obligated to Eligible Employees solely due to its participation in Page 20 of 25 42 of 279 the Trust to continue providing benefits under its Pension Plan or OPEB Plan or to make contributions to the Trust. 7.2 Amendment of Trust (a) The Trust Agreement may be amended only by the approval of two-thirds (2/3) or more of the Employers then participating in the Trust. Any such amendment by the Employers shall be set forth in an instrument in writing and shall be delivered to the Trustee, the Trust Administrator and all Plan Administrators not less than one hundred and eighty (180) days before the effective date of such amendment; provided, however, that any party may waive in writing such 180-day requirement with respect to any amendment (and such waiver shall not constitute a waiver with respect to any other amendment); and provided, further, that a waiver in writing of such 180-day requirement by two- thirds (2/3) or more of the Plan Administrators of the Employers participating in the Trust as of the date the amendment is adopted shall constitute a waiver of such 180-day requirement by all of the Employers then participating in the Trust. In addition, the Trust Administrator or the Trustee shall have the right to amend this Trust Agreement from time to time (without the requirement of a vote of Employers) solely for the purpose of keeping the Trust Agreement in compliance with the Code and applicable state law. Any such amendment by the Trust Administrator or the Trustee shall be set forth in an instrument in writing and shall be delivered to the Trustee, the Trust Administrator and all Plan Administrators promptly as each is made. (b) Any amendment of the Trust Agreement may be current, retroactive or prospective, provided, however, that no amendment shall: (1) Cause the Assets of any Agency Account to be used for or diverted to purposes other than for the exclusive purpose of funding the Employer's OPEB Obligation or Pension Obligation or both and defraying the reasonable expenses associated with the same. (2) Permit the Assets of any Agency Account to be used for the benefit of any other Employer. 7.3 Termination of Employer's Obligation to Provide Pension Benefits or OPEB A termination of the Employer's obligation to provide benefits under the Employer's Pension Plan or OPEB Nan for which the Employer's Agency Account was established shall not, in itself, effect a termination of the Agency Account. Upon a termination of the Employer's obligation to provide benefits under its Pension Plan or OPEB Plan, the Assets of the Employer's Pension Account or OPEB Account, as applicable, will be distributed by the Trustee when directed by the Plan Administrator in accordance with this Section 7.3. From and after the date of such termination and until final distribution of all Assets under the Employer's Agency Account, the Trustee shall continue to have all the powers Page 21 of 25 43 of 279 provided herein as are necessary or expedient for the orderly liquidation and distribution of such Assets, and the Agency Account shall continue until the Assets have been completely distributed. Any Assets remaining in the Pension Account or OPEB Account will be used first to satisfy any remaining Pension Obligation or OPEB Obligation, respectively, pursuant to the Employer's Pension Plan or OPEB Plan (to the extent that such distribution constitutes the exercise of an "essential governmental function" within the meaning of Section 115 of the Code) and to satisfy any of such Employer's obligations under this Trust Agreement. Any Assets remaining in the Employer's Pension Account or OPEB Account (as applicable) after giving effect to the preceding sentence will be paid to the Employer to the extent permitted by law and consistent with the requirements of Section 115 of the Code. 7.4 Fund Recovery Based on Mistake of Fact Except as hereinafter provided or in accordance with Section 7.3, the Assets of the Trust shall never inure to the benefit of the Employer. The Assets shall be held for the exclusive purpose of funding the Employer's OPEB Obligation or Pension Obligation or both and defraying the reasonable expenses associated with the same. However, in the case of a contribution which is made by an Employer because of a mistake of fact, that portion of the contribution relating to the mistake of fact (exclusive of any earnings or losses attributable thereto) may be returned to the Employer, provided such return occurs within two (2) years after discovery by the Employer of the mistake. If any repayment is payable to the Employer, then, as a condition to such repayment, and only if requested by Trustee, the Employer shall execute, acknowledge and deliver to the Trustee its written undertaking, in a form satisfactory to the Trustee, to indemnify, defend and hold the Trustee harmless from all claims, actions, demands or liabilities arising in connection with such repayment. 7.5 Termination of Trust (a) The Trust and this Trust Agreement may be terminated by the unanimous agreement of all Employers, which action must be in writing and delivered to the Trustee and Trust Administrator. Upon termination of the Trust under this Section 7.5(a), the Assets of each Employer's Pension Account or OPEB Account, as applicable, will be distributed by the Trustee when directed by the Plan Administrator in accordance with this Section 7.5(a). From and after the date of such termination and until final distribution of all Assets under each Employer's Agency Account, the Trustee shall continue to have all the powers provided herein as are necessary or expedient for the orderly liquidation and distribution of such Assets, and the Agency Account shall continue until the Assets have been completely distributed. Any Assets remaining in the Pension Account or OPEB Account will be used first to satisfy any remaining Pension Obligation or OPEB Obligation, respectively, pursuant to the Employer's Pension Plan and OPEB Plan (to the extent that such distribution constitutes the exercise of an "essential governmental function" within the meaning of Section 115 of the Code) and to Page 22 of 25 44 of 279 satisfy any of such Employer's obligations under this Trust Agreement. Any Assets remaining in the Employer's Pension Account or OPEB Account (as applicable) after giving effect to the preceding sentence will be paid to the Employer to the extent permitted by law and consistent with the requirements of Section 115 of the Code. (b) Contributions to the Trust are conditioned on initial qualification of the Trust under Section 115 of the Code. If the Trust receives an adverse determination with respect to its initial qualification, then the Trust and this Trust Agreement will automatically terminate without any action by any Employer or other parties. After such termination, the Assets of each Employer's Pension Account or OPEB Account, as applicable, will be returned by the Trustee to the Employer as directed by the Plan Administrator in accordance with this Section 7.5(b) to the extent permitted by law and consistent with the requirements of Section 115 of the Code. This Section 7.5(b) will cease to apply upon the Trust's receipt of a favorable determination with respect to its initial qualification. (c) The Trust and this Trust Agreement may be terminated only as described in this Section 7.5. In no case will the assets of the Trust be distributed on termination to an entity that is not a state, a political subdivision of a state or an entity the income of which is excluded from gross income under Section 115 of the Code. ARTICLE VIl[I MISCELLANEOUS PROVISIONS 8.1 Nonalienation Eligible Employees do not have an interest in the Trust. Accordingly, the Trust shall not in any way be liable to attachment, garnishment, assignment or other process, or be seized, taken, appropriated or applied by any legal or equitable process, to pay any debt or liability of an Eligible Employee or any other party. Trust Assets shall not be subject to the claims of any Employer or the claims of its creditors. 8.2 Saving Clause In the event any provision of this Trust Agreement is held illegal or invalid for any reason, said illegality or invalidity shall not affect the remaining parts of the Trust Agreement, but this instrument shall be construed and enforced as if said provision had never been included. 8.3 Applicable Law This Trust Agreement and the Trust shall be construed, administered and governed under the Code and the law of the State of California. To the extent any Page 23 of 25 45 of 279 of the provisions of this Trust Agreement are inconsistent with the Code or applicable state law, the provisions of the Code or state law shall control. In the event, however, that any provision is susceptible to more than one interpretation, such interpretation shall be given thereto as is consistent with the Trust Agreement being a tax-exempt trust within the meaning of the Code. 8.4 Joinder of Parties In any action or other judicial proceedings affecting this Trust Agreement, it shall be necessary to join as parties only the Trustee, the Plan Administrator or Delegatee. No participant or other persons having an interest in the Trust or any Agency Account shall be entitled to any notice or service of process unless otherwise required by law. Any judgment entered in such a proceeding or action shall be binding on all persons claiming under this Trust Agreement; provided, however, that nothing in this Trust Agreement shall be construed as to deprive a participant of such participant's right to seek adjudication of such participant's rights under applicable law. 8.5 Employment of Counsel The Trustee may consult with legal counsel (who may be counsel for the Trustee, the Trust Administrator or any Employer) with respect to the interpretation of this Agreement or the Trustee's duties hereunder or with respect to any legal proceedings or any questions of law and shall be entitled to take action or not to take action in good faith reliance on the advice of such counsel and charge the Trust and, as applicable, one or more Agency Accounts. 8.6 Gender and Number Words used in the masculine, feminine or neuter gender shall each be deemed to refer to the other whenever the context so requires; and words used in the singular or plural number shall each be deemed to refer to the other whenever the context so requires. 8.7 Headings Headings used in this Trust Agreement are inserted for convenience of reference only and any conflict between such headings and the text shall be resolved in favor of the text. 8.8 Counterparts This Trust Agreement may be executed in an original and any number of counterparts by the Plan Administrator (executing an Adoption Agreement), the Trust Administrator and the Trustee, each of which shall be deemed to be an original of the one and the same instrument. Page 24 of 25 46 of 279 IN WITNESS WHEREOF, the Plan Administrator (by executing the Adoption Agreement), the Trustee and the Trust Administrator have executed this Trust Agreement by their duly authorized agents on the Effective Date. U.S. BANK NATIONAL ASSOCIATION PUBLIC AGENCY RETIREMENT SERVICES "Trustee" "Trust Administrator" By: By: SiSignatur Susan M. Hughes Daniel Johnson Typed or printed name Typed or printed name Its: Vice President & Relationship Manager Its: President Page 25 of 25 47 of 279 ADOPTION AGREEMENT for the POST -EMPLOYMENT SECTION 115 TRUST A.1.1. Trust agreement with U.S. Bank National Association (the "Bank") (the "Trust Agreement"): Post -Employment Section 115 Trust. Public Agencies Post -Employment Benefits —Trust Agreement, effective November 5, 2014 A.1.2. OPEB Plan: Public Agencies Post -Employment Health Care Plan A.1.3. Pension Plan: A.1.4. Pension Plan's effective date: The plan document for the OPEB Plan is the Public Agencies Post - Employment Health Care Plan —Master Plan Document, effective as of November 5, 2014 (the "Plan Document"). o (Check if applicable) Additional Pension Plans (and their respective effective dates) are listed on an exhibit attached hereto. A.2.1. Employer: Name: U.S. mail address: Phone number: EIN: Fiscal year end: A.2.2. Plan Administrator: Position at Employer: Incumbent: U.S. mail address: Phone number: Email address: Page 1 of 4 EXI-IIBIT "A" TO PUBLIC AGENCIES 1 48 of 279 ENT BENEFITS TRUST AGREEMENT A.3.1 Adoption. The Employer hereby: A.3.1.1.Adopts the Trust Agreement as part of the (Check one or both of the following boxes.): o OPEB Plan o Pension Plan (each such plan separately, the "Plan") and agrees to be bound by the Trust Agreement's terms, effective as of the Employer's signature date below and subject to the investment approach selected below. A.3.1.2. The following provisions apply if and only if the OPEB Plan box above is checked: (i) Adopts the Plan Document and agrees to be bound by the Plan Document's terms, effective as of the Employer's signature date below and (ii) acknowledges that the determination of Eligible Employees and Eligible Beneficiaries is finally and conclusively made by the Employer according to the Employer's applicable policies and collective bargaining agreements and without reference to the Trust Agreement. A.3.1.3.Ratifies, affirms, and approves Employer's appointment of Phase II Systems as Trust Administrator and represents and warrants that attached hereto is a fully -executed original of Employer's Agreement for Administrative Services with Phase II Systems, dlb/a Public Agency Retirement Services (PARS). A.3.1.4.Agrees that capitalized terms used herein but not defined herein shall have the same meaning attributed to them as in the Trust Agreement or Plan Document, as the case may be. A.4.1. The Employer hereby represents and warrants that: A.4.1.1. Authorizing Law. Employer has reviewed with its legal counsel and has determined that Employer is authorized to establish and maintain the Plan and to establish a financial - institution trust (separate and apart from the state) for the Plan, including the authority to adopt the Trust Agreement. A.4.1.2. Authorizing Resolution. Attached hereto is a certified copy of a resolution of the Employer's governing body authorizing the adoption of the Trust Agreement as part of the Plan and authorizing the appointment of the Plan Administrator designated by position of employment at the Employer to act on the Employer's behalf in all matters relating to the trust; A.4.1.3. Tax Status. The Plan is a "governmental plan" as defined in Section 414(d) of the Internal Revenue Code of 1986, as amended; is a "Section 401(a)(24) governmental plan" as defined in Revenue Ruling 2011-1; and is not subject to Federal income taxation. The Plan's governing document expressly provides that it is irrevocably impossible for any part of the corpus or income of the Plan to be used for, or diverted to, purposes other than for the exclusive benefit of the Plan participants and their beneficiaries. The Pension Plan is a qualified plan under Code Section 401(a). (In addition, the Employer hereby acknowledges that the Plan is prohibited from assigning any part of its equity or interest in the trust.) Page 2 of 4 EXI-IIBIT "A" TO PUBLIC AGENCIES 1 49 of 279 ENT BENEFITS TRUST AGREEMENT A.4.2. Investment Approach. 4.2.1. The following provisions apply if and only if the OPEB Plan box above is checked: OPEB Account. OPEB Account assets are invested in the discretion of (check one and only one of the following boxes): Discretionary investment approach: ❑ The Bank, subject to Exhibit A (Investment Strategy Selection and Disclosure Form) hereto. Directed investment approach: ❑ The Plan Administrator. ❑ The following registered investment adviser, bank (other than the Bank), or insurance company (a "Third -Party Manager"): . The Employer hereby represents and warrants that attached hereto is an executed copy of the agreement with the above appointed Third Party Manager. 4.2.2. The following provisions apply if and only if the Pension Plan box above is checked: Pension Account. Pension Account assets are invested in the discretion of (check one and only one of the following boxes): Discretionary investment approach: ❑ The Bank, subject to Exhibit A (Investment Strategy Selection and Disclosure Form) hereto. Directed investment approach: ❑ The Plan Administrator. ❑ The following registered investment adviser, bank (other than the Bank), or insurance company (a "Third -Party Manager"): . The Employer hereby represents and warrants that attached hereto is an executed copy of the agreement with the above appointed Third Party Manager. [signature page follows] Page 3 of 4 EXI-IIBIT "A" TO PUBLIC AGENCIES 1 50 of 279 ENT BENEFITS TRUST AGREEMENT EMPLOYER By: Its: Date: Accepted by: PHASE II SYSTEMS, DBA PUBLIC AGENCY RETIREMENT SERVICES (PARS) By: Its: Date: U.S. BANK NATIONAL ASSOCIATION By: Its: Date: Page 4 of 4 EXI-IIBIT "A" TO PUBLIC AGENCIES 1 51 of 279 ENT BENEFITS TRUST AGREEMENT Internal Revenue Service Index Number: 115.00-00 U.S. Bank National Association c/o Susan Hughes, Vice President 3121 Michelson Drive (Suite 300) Irvine, CA 92612 Legend Trust Department of the Treasury Washington, DC 20224 Third Party Communication: None Date of Communication: Not Applicable Person To Contact: Robin J. Ehrenberg, ID No. 1000219292 Telephone Number: (202) 317-5800 Refer Reply To: CC:TEGE:EOEG:EO3 PLR-146796-14 Date: June 5, 2015 Public Agencies Post -Employment Benefits Trust Trust Agreement = Public Agencies Post -Employment Benefits Trust Agreement Trustee Dear Ms. Hughes: U.S. Bank National Association This letter responds to a letter from your authorized representative dated December 22, 2014, requesting rulings that (1) the Trust's income is excludable from gross income under section 115 of the Internal Revenue Code (IRC) and (2) the Trust is not required to file annual federal income tax returns under IRC section 6012(a)(4). The Trust represents the facts as follows: FACTS The Trust is a multiple employer trust established to enable public -agency employers to fund post -retirement employee benefits. Each participating employer must be a public agency that is a state, political subdivision of a state, or an entity the income of which is excludable from gross income under IRC section 115. The employer's governing body must authorize in writing the adoption of the Trust and the employer must execute the adoption agreement, which approves the Trust's administrator and provides that the agency adopts and agrees to be bound by the Trust Agreement. In the adoption agreement, the employer elects to fund obligations to provide benefits under a post - employment health care plan and contribute to a defined -benefit pension plan maintained by the employer that is qualified under IRC section 401(a). The employer may elect to fund either or both obligations. 52 of 279 PLR-146796-14 2 The Trust Agreement provides that assets are held by the Trust for the exclusive purpose of funding participating employers' benefit obligations and defraying the reasonable expenses of the Trust. The Trust's assets may not be used for any other purpose. Each employer's contributions to the Trust, together with any allocable investment earnings and losses, are held in a separate account for that employer. Assets allocated to satisfy an employer's health and welfare benefit obligation or the employer's pension obligation may only be used for purposes of satisfying that particular obligation. The assets held in an employer's account are not available to pay any obligations incurred by any other employer. The employers appoint the Trustee and the Trust's administrator and may remove the Trustee or the administrator by a two-thirds vote of all employers. The employers may amend the Trust Agreement with the approval of two-thirds of all employers then participating in the Trust. The employers may terminate the Trust by unanimous agreement of all employers. Upon termination of the Trust, any assets remaining in an employer's account, after satisfaction of benefit and the Trust's obligations are returned to the employer to the extent permitted by law and consistent with the requirements of IRC section 115. LAW AND ANALYSIS Issue 1 - IRC section 115(1) IRC section 115(1) provides that gross income does not include income derived from any public utility or the exercise of any essential governmental function and accruing to a state or any political subdivision thereof. Rev. Rul. 77-261, 1977-2 C.B. 45, holds that income generated by an investment fund that is established by a state to hold revenues in excess of the amounts needed to meet current expenses is excludable from gross income under IRC section 115(1), because such investment constitutes an essential governmental function. The ruling explains that the statutory exclusion is intended to extend not to the income of a state or municipality resulting from its own participation in activities, but rather to the income of an entity engaged in the operation of a public utility or the performance of some governmental function that accrues to either a state or political subdivision of a state. The ruling points out that it may be assumed that Congress did not desire in any way to restrict a state's participation in enterprises that might be useful in carrying out projects that are desirable from the standpoint of a state government and that are within the ambit of a sovereign to conduct. 53 of 279 PLR-146796-14 3 Rev. Rul. 90-74, 1990-2 C.B. 34, holds that the income of an organization formed, funded, and operated by political subdivisions to pool various risks (e.g., casualty, public liability, workers' compensation, and employees' health) is excludable from gross income under IRC section 115(1), because the organization is performing an essential governmental function. The revenue ruling states that the income of such an organization is excludable from gross income so long as private interests do not participate in the organization or benefit more than incidentally from the organization. The benefit to the employees of the insurance coverage obtained by the member political subdivisions was deemed incidental to the public benefit. Through the Trust, participating public agency employers fund health and welfare and pension obligations for retired employees. Each of the Trust's participating employers is required to be a state, political subdivision of a state or an entity the income of which is excludable from gross income under IRC section 115. Providing health, welfare and pension benefits to current and former employees constitutes the performance of an essential government function within the meaning of IRC section 115(1). See Rev. Rul. 90-74 and Rev. Rul. 77-261. The Trust's income accrues to its participating employers, all of which are political subdivisions of a state or entities the income of which is excludable from gross income under IRC section 115. No private interests will participate in, or benefit from, the operation of Trust, other than as providers of goods or services. The benefit to employees is incidental to the public benefit. See Rev. Rul. 90-74. In no event, including dissolution, will the Trust's assets be distributed or revert to any entity that is not a state, a political subdivision of a state, or entity the income of which is excludable from its gross income by application of IRC section 115(1). Issue 2- IRC section 6012(a)(4) Section 301.7701-1(b) of the Procedure and Administration Regulations (Regulations) provides that the classification of organizations that are recognized as separate entities is determined under sections 301.7701-2, 301.7701-3, and 301.7701-4, unless a provision of the IRC provides for special treatment of that organization. Section 301.7701-4(a) of the Regulations provides that, in general, an arrangement will be treated as if it can be shown that the purpose of the arrangement is to vest in trustees responsibility for the protection and conservation of property for beneficiaries who cannot share in the discharge of this responsibility and, therefore, are not associates in a joint enterprise for the conduct of business for profit. The Trust enables public -agency employers to set aside funds to be used to satisfy each employer's separate pension and health and welfare benefit obligations. The 54 of 279 PLR-146796-14 4 Trustee is charged with the responsibility of the protection and conservation of the Trust property for the benefit of the beneficiaries of the Trust. The beneficiaries of the Trust cannot share in the discharge of the Trustee's responsibility for the protection and conservation of property and, therefore, are not associates in a joint enterprise for the conduct of business for profit. IRC section 6012(a)(4) provides that every trust having for the taxable year any taxable income or having gross income of $600 or more, regardless of the amount of taxable income, shall make returns with respect to income taxes under Subtitle A. Based solely on the facts and representations submitted by the Trust, we conclude that: 1. Because the income of the Trust derives from the exercise of an essential governmental function and will accrue to a state or a political subdivision thereof, the Trust's income is excludable from gross income under IRC section 115(1). 2. The Trust is classified as a trust within the meaning of IRC section 7701(a) and section 301.7701-4(a) of the Regulations. Because Trust's income is excludable from gross income under IRC section 115, the Trust is not required by IRC section 6012(a)(4) to file an annual income tax return. Except as expressly provided herein, no opinion is expressed or implied concerning the tax consequences of any aspect of any transaction or item discussed or referenced in this letter. This ruling concerns only the federal tax treatment of the Trust's income and may not be cited or relied upon by any taxpayer, including the Trust, employers participating in the Trust, and any recipients of benefits paid under the terms of the Trust, as to any matter relating to the taxation of accident or health contributions or benefits. This ruling is directed only to the taxpayer who requested it. IRC section 6110(k)(3) provides that it may not be used or cited as precedent. In accordance with the Power of Attorney on file with this office, a copy of this letter is being sent to your authorized representative. A copy of this letter must be attached to any income tax return to which it is relevant. Alternatively, taxpayers filing their returns electronically may satisfy this requirement by attaching a statement to their return that provides the date and control number of the letter ruling. 55 of 279 PLR-146796-14 5 The rulings contained in this letter are based upon information and representations submitted by the taxpayer and accompanied by a penalty of perjury statement executed by an appropriate party. While this office has not verified any of the material submitted in support of the request for rulings, it is subject to verification on examination. Sincerely, Kenneth M. riffin Branch Chief, Exempt Organizations Branch 3 (Tax Exempt and Government Entities) cc: Marcus Wu Pillsbury Winthrop Shaw Pittman LLP 12255 El Camino Real, Suite 300 San Diego, CA 92130-4088 Paul Marmolejo Director, Office of Federal, State and Local Governments SE:T:GE:FSL 56 of 279 /Investment Strategy Selection and Disclosure Form PARS Pension / OPEB Trust Program • This document is entered into by client and U.S. Bank National Association ("U.S. Bank"), as trustee. • Employer: • • 0 J 0 LL lY 0 a 0 w w 0 Plan/Trust Name: Public Agencies Post -Employment Benefits Trust To: HighMark Capital Management, Inc. and U.S. Bank: U.S. Bank has been or is hereby appointed Investment Manager of the above -referenced Plan/Trust. Please invest the assets of the above -referenced Plan/Trust for which you have been appointed Investment Manager in the (select one of the strategies listed below for each Plan funded by the Trust): ❑ OPEB Account ❑ Pension Account Primary Goal Strategic Range ❑ Liquidity Management (US Treasury) ❑ Liquidity Management (US Treasury) Provide current income with liquidity and stability of principalthrough investments in short-term U.S. Treasury obligations. Money Market Fund ❑ Liquidity Management(Prime Obligation) ❑ Liquidity Management(Prime Obligation) Generate current income with liquidity. Money Market Fund ❑ ❑ Conservative HighMark PLUS Conservative Index PLUS ❑ ❑ Conservative HighMark PLUS Conservative Index PLUS Provide a consistent level of inflation- income overthe long-term. protectedCash: Equity: 5-20% Fixed Income: 60-95% 0-20% ❑ ❑ Moderately Conservative HighMark PLUS Moderately Conservative Index PLUS ❑ ❑ Moderately Conservative HighMark PLUS Moderately Conservative Index PLUS Provide current income with capital appreciation as a seconds objective. pp secondaryCash: Equity: 20 40% Fixed Income: 50 80% 0-20% ❑ ❑ Moderate HighMark PLUS Moderate Index PLUS ❑ ❑ Moderate HighMark PLUS Moderate Index PLUS Provide current income and moderate capitalappreciation. Equity: 40-60% Fixed Income: 40 60% Cash: 0-20% ❑ ❑ Balanced HighMark PLUS Balanced Index PLUS ❑ ❑ Balanced HighMark PLUS Balanced Index PLUS Provide growth ofprincipaland income. Equity: 50-700 Fixed Income: 30-50% Cash: 0-20% ❑ ❑ Ca italA reciation HighMark PLUS p PP g Capital Appreciation Index PLUS ❑ ❑ Capital Appreciation HighMark PLUS P PP g Capital Appreciation Index PLUS Primary goalis growth of principal Equity: 65-85% Fixed Income: 10-30% Cash: 0-20% ❑ Custom ❑ Custom Specify: Note: HighMark PLUS portfolios are diversified portfolios of actively managed mutual funds. Index PLUS portfolios are diversified portfolios of Index -based mutual funds or exchange -traded funds. Acknowledged and Approved Signature of Authorized Signer Print Name of Authorized Signer Title Date PENSION OPEB NM MANAGED ISSDF 203 09.22.2016 57 of 279 embank. /Discretionary Trustee Fee Schedule PARS Pension / OPEB Trust Program This document is entered into by client and U.S. Bank National Association ("U.S. Bank"), as trustee. Discretionary Trustee Fees are based on the Investment Strategy you select. Following is a list of the Discretionary Trustee Fees applicable to each Investment Strategy: • Liquidity — First American U.S. Treasury Money Market — Fund level fees only (see prospectus) • Liquidity — First American Prime Obligation Fund Class Z — Fund level fees only (see prospectus) • Diversified Portfolios (Conservative, Moderately Conservative, Moderate, Balanced, Capital Appreciation) Per Annum Charges* .35% on the first $5,000,000 .25% on the next $5,000,000 .20% on the next $5,000,000 .15% on the next $35,000,000 .10% on all over $50,000,000 'Waived for plan assets invested in First American and Nationwide/HighMark funds where HighMark Capital Management is the sub -adviser of the fund. Other Fees First American Mutual Funds (see prospectus) • Market values used for fee calculations on fee invoices may differ slightly from market values on client statements due to posting of accruals, late pricing of securities and/or other timing issues. • Fees are calculated and charged to the account monthly. If account cannot be charged after 30 days, fees not paid will be subject to a late charge of 1 % per month on the unpaid balance. • Changes to this Fee Schedule may be made at any time by U.S. Bank upon a sixty (60) days notice. Acknowledged and Approved Public Agencies Post -Employment Benefits Trust Name of Plan/Trust Name of Authorized Signer for Employer Signature of Authorized Signer for Employer Name of Employer Title Date U.S. Bank and its representatives do not provide tax or lega[advice. Each client's tax and financial situation is unique. C Gents should consult their tax and/or legal advisor for advice and information concerning their particular situation. PENSION OPEB HM MANAGED FEESCH 10307.25.2016 58 of 279 embank. RESOLUTION NO. 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE ADOPTION OF THE PUBLIC AGENCIES POST -EMPLOYMENT BENEFITS TRUST ADMINISTERED BY PUBLIC AGENCY RETIREMENT SERVICES (PARS) TO PREFUND THE CITY'S UNFUNDED PENSION LIABILITIES; APPOINTING THE CITY MANAGER AS THE PLAN ADMINISTRATOR FOR THE TRUST, AND AUTHORIZING THE PLAN ADMINISTRATOR TO EXECUTE THE DOCUMENTS NECESSARY TO ESTABLISH AND MAINTAIN THE CITY'S TRUST ACCOUNT WHEREAS, Public Agency Retirement Services (PARS) has made available the PARS Public Agencies Post -Employment Benefits Trust (the "Program") for the purpose of pre - funding pension obligations and/or other post -employment benefits ("OPEB") obligations; and WHEREAS, the City of National City is eligible to participate in the Program, a tax-exempt trust performing an essential governmental function within the meaning of Section 115 of the Internal Revenue Code, as amended, and the Regulations issued thereunder, and is a tax-exempt trust under the relevant statutory provisions of the State of California; and WHEREAS, the City's adoption and operation of the Program has no effect on any current or former employee's entitlement to post -employment benefits; and WHEREAS , the terms and conditions of post -employment benefit entitlement, if any, are governed by contracts separate from and independent of the Program; and WHEREAS, the City's funding of the Program does not, and is not intended to, create any new vested right to any benefit nor strengthen any existing vested right; and WHEREAS, the City reserves the right to make contributions, if any, to the Program. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby adopts the Public Agencies Post -Employment Benefits Trust (the "Program") administered by Public Agency Retirement Services (PARS), effective March 20, 2018, to prefund the City's unfunded pension liabilities. BE IT FURTHER RESOLVED that the City Council hereby appoints the City Manager, or her successor or designee, as the Plan Administrator. BE IT FURTHER RESOLVED that the City Council hereby authorizes the City's Plan Administrator to execute the legal and administrative documents necessary to implement the Plan. [Signature Page to Follow] 59 of 279 Resolution No. 2018 — Page Two PASSED and ADOPTED this 20th day of March, 2018. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Ron Morrison, Mayor 60 of 279 CC/CDC-HA Agenda 3/20/2018 — Page 61 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving an amendment to the salary schedule for the Confidential employee group to add the newly created classification of Payroll Technician I at $3,446.92 - $4,189.74 per month (range c082); 61 of 279 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 20, 2018 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving an amendment to the salary schedule for the Confidential employee group to add the newly created classification of Payroll Technician I at $3,446.92 - $4,189.74 per month (range c082); and change the titles of the existing Payroll Technician, Management Information Systems Technician I and Management Information Systems Technician II classifications PREPARED BY: Lilia Munoz DEPARTMENT: Human Resources PHONE: 336-4309 EXPLANATION: See attached explanation APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: There is no fiscal impact associated with this request. ENVIRONMENTAL REVIEW: This is not a project and is therefore not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt staff's recommended revisions to the salary schedule for the Confidential employee group. Finance BOARD / COMMISSION RECOMMENDATION: On March 8, 2018, the Civil Service Commission voted unanimously to approve the requests as described above. ATTACHMENTS: Resolution Confidential Employee Group Salary Schedule March 8, 2018 Reports to the Civil Service Commission R9 of 27A EXPLANATION: Currently, the City classification and compensation system includes one job classification designated for administration of the City's payroll functions. That classification is the journey - level Payroll Technician. On March 8, 2018, the Civil Service Commission of the City of National City voted unanimously to create an entry level job classification titled Payroll Technician I. As a means of articulating the progression from the entry-level classification to the journey -level, the Commission further voted to change the title of the existing Payroll Technician classification to Payroll Technician II. At the same meeting, the Civil Commission voted unanimously to revise the job descriptions for the existing job classifications of Management Information Systems I and Management Information Technician II; and to retitle the positions to Information Technology Technician and Information Technology Analyst, respectively. All of the classifications discussed above fall within the Confidential employee group. With this item, staff seeks to amend the Confidential salary schedule to: • add the new classification, Payroll Technician I at a pay rate of $3,446.92 - $4,189.74 per month (range c082) • change the title of the existing Payroll Technician classification to Payroll Technician II • change to titles of the existing Management Information Systems Technician I and Management Information Systems II to Information Technology Technician and Information Technology Analyst, respectively 63 of 279 CITY OF NATIONAL CITY CONFIDENTIAL EMPLOYEES SALARY SCHEDULE EFFECTIVE DATE 03/20/2018 TITLE/RANGE STEP A STEP B STEP C STEP D STEP E Information Technology Analyst c144 BI-WEEKLY 2,701.04 2,836.09 2,977.90 3,126.79 3,283.13 MONTHLY 5,852.26 6,144.87 6,452.12 6,774.72 7,113.46 ANNUAL 70,227.11 73,738.46 77,425.38 81,296.65 85,361.49 HOURLY 33.76 35.45 37.22 39.08 41.04 Information Technology Technician c130 BI-WEEKLY 2,372.98 2,491.63 2,616.21 2,747.02 2,884.37 MONTHLY 5,141.45 5,398.52 5,668.45 5,951.87 6,249.46 ANNUAL 61,697.40 64,782.27 68,021.38 71,422.45 74,993.57 HOURLY 29.66 31.15 32.70 34.34 36.05 Executive Assistant IV c115 BI-WEEKLY 2,154.58 2,262.31 2,375.43 2,494.20 2,618.91 MONTHLY 4,668.26 4,901.67 5,146.75 5,404.09 5,674.30 ANNUAL 56,019.10 58,820.05 61,761.05 64,849.11 68,091.56 HOURLY 26.93 28.28 29.69 31.18 32.74 Executive Assistant III c109 BI-WEEKLY 2,040.87 2,142.92 2,250.06 2,362.56 2,480.69 MONTHLY 4,421.89 4,642.98 4,875.13 5,118.89 5,374.83 ANNUAL 53,062.66 55,715.79 58,501.58 61,426.66 64,497.99 HOURLY 25.51 26.79 28.13 29.53 31.01 Executive Assistant II c101 BI-WEEKLY 1,897.73 1,992.62 2,092.25 2,196.86 2,306.70 MONTHLY 4,111.75 4,317.34 4,533.20 4,759.86 4,997.86 ANNUAL 49,340.99 51,808.04 54,398.44 57,118.36 59,974.28 HOURLY 23.72 24.91 26.15 27.46 28.83 Payroll Technician II c092 BI-WEEKLY 1,749.97 1,837.47 1,929.35 2,025.81 2,127.10 MONTHLY 3,791.61 3,981.19 4,180.25 4,389.26 4,608.73 ANNUAL 45,499.33 47,774.30 50,163.01 52,671.16 55,304.72 HOURLY 21.87 22.97 24.12 25.32 26.59 Confidential Assistant (At -Will) c092 BI-WEEKLY 1,749.97 1,837.47 1,929.35 2,025.81 2,127.10 MONTHLY 3,791.61 3,981.19 4,180.25 4,389.26 4,608.73 ANNUAL 45,499.33 47,774.30 50,163.01 52,671.16 55,304.72 HOURLY 21.87 22.97 24.12 25.32 26.59 Executive Assistant I c087 BI-WEEKLY 1,673.39 1,757.06 1,844.92 1,937.16 2,034.02 MONTHLY 3,625.68 3,806.97 3,997.32 4,197.18 4,407.04 ANNUAL 43,508.21 45,683.62 47,967.81 50,366.20 52,884.51 HOURLY 20.92 21.96 23.06 24.21 25.43 Payroll Technician I c082 BI-WEEKLY 1,590.89 1,670.43 1,753.95 1,841.65 1,933.72 MONTHLY 3,446.92 3,619.26 3,800.22 3,990.25 4,189.74 ANNUAL 41,363.09 43,431.11 45,602.69 47,882.97 50,276.82 HOURLY 19.89 20.88 21.92 23.02 24.17 64 of 279 DATE: March 8, 2018 TO: CALIFORNIA NA'UON((AL CFl`Y INCOEPO :f OD J CITY OF NATIONAL CITY MEMORANDUM City of National City Civil Service Commission FROM: Stacey Stevenson, Deputy City Mana er SUBJECT: Request for the creation of a Payroll Technician series through the creation of a new classification of Payroll Technician I; a title change of the existing Payroll Technician to Payroll Technician II; the designation of Payroll Technician I as career advanceable to Payroll Technician II through an amendment of Civil Service Rule II, Section 206A. The City of National City classification system includes the single incumbent classification of Payroll Technician responsible for: performing a variety of responsible and complex clerical and accounting work in the preparation of City payroll; and maintaining related records and reports. With this request, staff seeks to create an entry-level classification of Payroll Technician I. After having been filled by the same incumbent for many years, the Payroll Technician position was vacated in November, 2017. Human Resources staff has determined, after a review of the minimum qualifications, that it is likely that none of the City's clerical and administrative staff will meet the qualifications of three (3) years of fiscal recordkeeping, with at least one (1) year of payroll preparation and administration. In an effort to provide existing employees with an opportunity to compete for what would be a promotion, staff seeks to create an entry-level classification. Creation of an entry-level classification will allow for a promotional opportunity for exiting clerical and administrative staff while preserving the minimum qualifications of the existing journey -level Payroll Technician classification. A draft of the proposed classification specification for Payroll Technician I is attached to this request. To differentiate between the two classifications (that of the existing Payroll Technician and the proposed Payroll Technician I), staff also seeks a change in title from Payroll Technician to Payroll Technician II. The requested change is intended to differentiate the two classifications that would make up the proposed series and is consistent with the naming convention of the City of National City and other cities within the San Diego region. The duties of the current Payroll Technician classification and all other terms and conditions of employment would remain the same. 65 of 279 Page 2 Request for the creation of a Payroll Technician series March 8, 2018 Finally, because the proposed Payroll Technician I classification is intended to be an entry-level classification, staff further requests an amended to Civil Service Rule II, Section 206A to allow for a career advanceable progression from Payroll Technician I to the journey level Payroll Technician II. RECOMMENDATIONS a. Approve the creation of a new classification titled Payroll Technician I and the corresponding classification specification. b. Approve the title change of Payroll Technician to Payroll Technician II. c. Amend Civil Service Rule II, Section 206A to allow for a career advanceable progression from Payroll Technician I to Payroll Technician II. 66 of 279 DATE: March 8, 2018 TO: CALIFORNIA NATIONAL Ca r AVY INCORPORATED l � CITY OF NATIONAL CITY MEMORANDUM City of National City Civil Service Commission FROM: Stacey Stevenson, Deputy City Manger SUBJECT: Request to Amend Class Specificatio�is for Management Information Systems Technician I, Management Information Systems Technician II and Management Information Systems Manager; and to change the titles to Information Technology Technician, Information Technology Analyst and Information Technology Manager, respectively. Consistent with staff's practice of periodically reviewing classifications and class specifications, a recent review of the Management Information Systems (MIS) series was conducted. The classifications in the series are Management Information Systems Technician I, Management Information Systems Technician II and Management Information Systems Manager. The classification specifications for this series were created in May, 1999 and have not been revised in the last 19 years. Information Systems, or IT as it is commonly referred, is an ever evolving field. Working with the MIS Manager, staff sought to update the duty statements and the minimum qualifications based on current workplace norms and expectations for these positions providing varied technical support organization wide. In addition to the description of the duties and the minimum qualifications, staff determined that the naming convention adopted in 1999 is inconsistent with the current industry naming convention for such positions in other cities in the San Diego region. Further, the naming convention of MIS Technician I and II has caused some confusion among staff and applicants. In general, the designations of I and II are often used to differentiate entry level from journey level. In the case of the City's MIS series, the MIS Technician I is the designation for the positions that provide support for the City's desktop systems with the MIS Technician II denoting those that provide network systems support. As such, one position is not subordinate to the other nor entry level. Both positions are journey level, performing different IT duties. The proposed new titles are intended to eliminate such confusion and be more reflective of the field. 67 of 279 Page 2 Request to Amend Class Specifications for Management Information Systems Series, and Change the Title March 8, 2018 RECOMMENDATION a. Approve the amended classification specifications for Management Information Systems Technician I, Management Information Systems Technician II and Management Information Systems Manager. b. Approve the title changes for the Management Information series as follows: Current Title Proposed Title Management Information Systems Technician I Information Technology Technician Management Information Systems Technician II Information Technology Analyst Management Information Systems Manager Information Technology Manager Attachments: • Current Management Information Systems series classification specifications • Draft Information Technology series classification specifications 68 of 279 RESOLUTION NO. 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN AMENDMENT TO THE SALARY SCHEDULE FOR THE CONFIDENTIAL EMPLOYEE GROUP TO ADD THE NEWLY CREATED CLASSIFICATION OF PAYROLL TECHNICIAN I AT $3,446.92 - $4,189.74 PER MONTH (RANGE C082); AND TO CHANGE THE TITLES OF THE EXISTING PAYROLL TECHNICIAN, MANAGEMENT INFORMATION SYSTEMS TECHNICIAN I, AND MANAGEMENT INFORMATION SYSTEMS TECHNICIAN II CLASSIFICATIONS WHEREAS, currently, the City classification and compensation system includes one job classification, journey -level Payroll Technician, designated for administration of the City's payroll functions; and WHEREAS, on March 8, 2018, the Civil Service Commission of the City of National City voted unanimously to create an entry level job classification titled Payroll Technician I, and as a means of articulating the progression from the entry-level classification to the journey - level, the Commission further voted to change the title of the existing Payroll Technician classification to Payroll Technician II; and WHEREAS, at the same meeting, the Civil Commission voted unanimously to revise the job descriptions for the existing job classifications of Management Information Systems I and Management Information Technician II to Information Technology Technician and Information Technology Analyst, respectively; and WHEREAS, because the classifications discussed above fall within the Confidential employee group, it is requested that the Confidential salary schedule be amended as follows: • add the new classification, Payroll Technician I at a pay rate of $3,446.92 - $4,189.74 per month (range c082) • change the title of the existing Payroll Technician classification to Payroll Technician II • change the titles of the existing Management Information Systems Technician land Management Information Systems II to Information Technology Technician and Information Technology Analyst, respectively. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves an amendment to the salary schedule for the Confidential employee group, as shown on attached "Exhibit A", and by this reference is incorporated herein as set forth in full, to add the newly created classification of Payroll Technician I at $3,446.92 - $4,189.74 per month (range c082). BE IT FURTHER RESOLVED that the City Council approves changing the titles of the existing Payroll Technician to Payroll Technician II, Management Information Systems Technician I to Information Technology Technician, and Management Information Systems Technician 11 to Information Technology Analyst. [Signature Page to Follow] 69 of 279 Resolution No. 2018 — Page Two PASSED and ADOPTED this 20th day of March, 2018. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Ron Morrison, Mayor 70 of 279 CITY OF NATIONAL CITY CONFIDENTIAL EMPLOYEES SALARY SCHEDULE EFFECTIVE DATE 03/20/2018 TITLE/RANGE STEP A STEP B STEP C STEP D STEP E Information Technology Analyst c144 BI-WEEKLY 2,701.04 2,836.09 2,977.90 3,126.79 3,283.13 MONTHLY 5,852.26 6,144.87 6,452.12 6,774.72 7,113.46 ANNUAL 70,227.11 73,738.46 77,425.38 81,296.65 85,361.49 HOURLY 33.76 35.45 37.22 39.08 41.04 Information Technology Technician c130 BI-WEEKLY 2,372.98 2,491.63 2,616.21 2,747.02 2,884.37 MONTHLY 5,141.45 5,398.52 5,668.45 5,951.87 6,249.46 ANNUAL 61,697.40 64,782.27 68,021.38 71,422.45 74,993.57 HOURLY 29.66 31.15 32.70 34.34 36.05 Executive Assistant IV c115 BI-WEEKLY 2,154.58 2,262.31 2,375.43 2,494.20 2,618.91 MONTHLY 4,668.26 4,901.67 5,146.75 5,404.09 5,674.30 ANNUAL 56,019.10 58,820.05 61,761.05 64,849.11 68,091.56 HOURLY 26.93 28.28 29.69 31.18 32.74 Executive Assistant III c109 BI-WEEKLY 2,040.87 2,142.92 2,250.06 2,362.56 2,480.69 MONTHLY 4,421.89 4,642.98 4,875.13 5,118.89 5,374.83 ANNUAL 53,062.66 55,715.79 58,501.58 61,426.66 64,497.99 HOURLY 25.51 26.79 28.13 29.53 31.01 Executive Assistant II c101 BI-WEEKLY 1,897.73 1,992.62 2,092.25 2,196.86 2,306.70 MONTHLY 4,111.75 4,317.34 4,533.20 4,759.86 4,997.86 ANNUAL 49,340.99 51,808.04 54,398.44 57,118.36 59,974.28 HOURLY 23.72 24.91 26.15 27.46 28.83 Payroll Technician II c092 BI-WEEKLY 1,749.97 1,837.47 1,929.35 2,025.81 2,127.10 MONTHLY 3,791.61 3,981.19 4,180.25 4,389.26 4,608.73 ANNUAL 45,499.33 47,774.30 50,163.01 52,671.16 55,304.72 HOURLY 21.87 22.97 24.12 25.32 26.59 Confidential Assistant (At -Will) c092 BI-WEEKLY 1,749.97 1,837.47 1,929.35 2,025.81 2,127.10 MONTHLY 3,791.61 3,981.19 4,180.25 4,389.26 4,608.73 ANNUAL 45,499.33 47,774.30 50,163.01 52,671.16 55,304.72 HOURLY 21.87 22.97 24.12 25.32 26.59 Executive Assistant I c087 BI-WEEKLY 1,673.39 1,757.06 1,844.92 1,937.16 2,034.02 MONTHLY 3,625.68 3,806.97 3,997.32 4,197.18 4,407.04 ANNUAL 43,508.21 45,683.62 47,967.81 50,366.20 52,884.51 HOURLY 20.92 21.96 23.06 24.21 25.43 Payroll Technician I c082 BI-WEEKLY 1,590.89 1,670.43 1,753.95 1,841.65 1,933.72 MONTHLY 3,446.92 3,619.26 3,800.22 3,990.25 4,189.74 ANNUAL 41,363.09 43,431.11 45,602.69 47,882.97 50,276.82 HOURLY 19.89 20.88 21.92 23.02 24.17 71 of 279 CC/CDC-HA Agenda 3/20/2018 — Page 72 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving an amendment to the salary schedule of the Management employee group to change the title of the existing Management Information Systems Manager to Information Technology Manager. (Huma 72 of 279 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 20, 2018 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving an amendment to the salary schedule of the Management employee group to change the title of the existing Management Information Systems Manager to Information Technology Manager PREPARED BY: Lilia Munoz PHONE: 336-4309 EXPLANATION: DEPARTMENT: Human Resources APPROVED Br On March 8, 2018, the Civil Service Commission of the City of National City voted unanimously to revise the job description for the existing job classification of Management Information Systems Manager and to retitle the position to Information Technology Manager. With this item, staff seeks to amend the Management employee group salary schedule to change the title of the existing Management Information Systems Manager to Information Technology Manager. FINANCIAL STATEMENT: ACCOUNT NO. There is no fiscal impact associated with this request. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt staff's recommended revision to the salary schedule for the Management employee group. BOARD / COMMISSION RECOMMENDATION: On March 8, 2018, the Civil Service Commission voted unanimously to approve the request as described above. ATTACHMENTS: Resolution Management Group Salary Schedule March 8, 2018 Report to the Civil Service Commission 73 of 279 City of National City Human Resources Department MANAGEMENT EMPLOYEE GROUP SALARY SCHEDULE March 20, 2018 POSITION TITLE SALARY BAND (MONTHLY) SALARY BAND (ANNUAL) Asst Director of PW/Engineering $ 4,594.04 — $ 11,846.99 $ 55,128.48 — $ 142,163.88 Battalion Chief $ 5,316.96 — $ 10,746.90 $ 63,803.52 — $ 128,962.80 Building Official $ 7,087.16 — $ 10,539.12 $ 85,045.92 — $ 126,469.44 Community Development Manager $ 7,287.50 — $ 10,047.88 $ 87,450.00 — $ 120,574.56 Community Development Specialist III $ 4,465.78 — $ 8,897.39 $ 53,589.36 — $ 106,768.68 Deputy City Attorney $ 6,841.11 — $ 10,033.63 $ 82,093.32 — $ 120,403.56 Deputy Director of Human Resources $ 7,287.50 — $ 10,047.88 $ 87,450.00 — $ 120,574.56 Equipment Maint Supervisor $ 3,229.82 — $ 8,551.09 $ 38,757.84 — $ 102,613.08 Facilities Maint Supervisor $ 3,229.82 — $ 7,268.49 $ 38,757.84 — $ 87,221.88 Financial Services Officer $ 4,174.28 — $ 9,985.04 $ 50,091.36 — $ 119,820.48 Housing Programs Manager $ 4,255.90 — $ 9,339.89 $ 51,070.80 — $ 112,078.68 Information Technology Manager $ 4,279.22 — $ 10,235.15 $ 51,350.64 — $ 122,821.80 Management Analyst I $ 3,116.72 — $ 6,165.46 $ 37,400.64 — $ 73,985.52 Management Analyst II $ 3,542.31 — $ 7,006.85 $ 42,507.72 — $ 84,082.20 Management Analyst III $ 3,964.40 — $ 7,848.23 $ 47,572.80 — $ 94,178.76 Neighborhood Council Coordinator $ 3,964.40 — $ 7,848.23 $ 47,572.80 — $ 94,178.76 Neighborhood Services Manager $ 3,229.82 — $ 8,551.09 $ 38,757.84 — $ 102,613.08 Nutrition Program Manager $ 3,229.82 — $ 8,412.57 $ 38,757.84 — $ 100,950.84 Park Superintendent $ 3,229.82 — $ 8,412.57 $ 38,757.84 — $ 100,950.84 PIO/Mgmt Analyst III $ 3,964.40 — $ 7,848.23 $ 47,572.80 — $ 94,178.76 Police Captain $ 5,410.24 — $ 13,720.67 $ 64,922.88 — $ 164,648.04 Police Support Services Manager $ 3,964.40 — $ 7,848.23 $ 47,572.80 — $ 94,178.76 74 of 279 City of National City Human Resources Department MANAGEMENT EMPLOYEE GROUP SALARY SCHEDULE March 20, 2018 POSITION TITLE SALARY BAND (MONTHLY) SALARY BAND (ANNUAL) Principal Civil Engineer $ 7,795.88 — $ 10,539.12 $ 93,550.56 — $ 126,469.44 Principal Librarian $ 3,766.18 — $ 8,604.96 $ 45,194.16 — $ 103,259.52 Principal Planner $ 4,465.78 — $ 8,897.39 $ 53,589.36 — $ 106,768.68 Project Officer $ 4,465.78 — $ 8,897.39 $ 53,589.36 — $ 106,768.68 Purchasing Agent $ 4,255.90 — $ 9,339.89 $ 51,070.80 — $ 112,078.68 Recreation Superintendent $ 3,229.82 — $ 8,412.57 $ 38,757.84 — $ 100,950.84 Risk Manager $ 4,174.28 — $ 9,981.19 $ 50,091.36 — $ 119,774.28 Senior Accountant $ 3,264.80 — $ 7,489.10 $ 39,177.60 — $ 89,869.20 Special Assistant to the Mayor $ 3,542.31 — $ 7,006.85 $ 42,507.72 — $ 84,082.20 Street Maintenance Supervisor $ 3,229.82 — $ 7,268.49 $ 38,757.84 — $ 87,221.88 Street & Wastewater Maint Superintendent $ 3,229.82 — $ 8,412.57 $ 38,757.84 — $ 100,950.84 Traffic Engineer $ 6,056.20 — $ 10,235.15 $ 72,674.40 — $ 122,821.80 Wastewater Supervisor $ 3,229.82 — $ 7,268.49 $ 38,757.84 — $ 87,221.88 75 of 279 DATE: March 8, 2018 TO: CALIFORNIA NATIONAL Ca r AVY INCORPORATED l � CITY OF NATIONAL CITY MEMORANDUM City of National City Civil Service Commission FROM: Stacey Stevenson, Deputy City Manger SUBJECT: Request to Amend Class Specificatio�is for Management Information Systems Technician I, Management Information Systems Technician II and Management Information Systems Manager; and to change the titles to Information Technology Technician, Information Technology Analyst and Information Technology Manager, respectively. Consistent with staff's practice of periodically reviewing classifications and class specifications, a recent review of the Management Information Systems (MIS) series was conducted. The classifications in the series are Management Information Systems Technician I, Management Information Systems Technician II and Management Information Systems Manager. The classification specifications for this series were created in May, 1999 and have not been revised in the last 19 years. Information Systems, or IT as it is commonly referred, is an ever evolving field. Working with the MIS Manager, staff sought to update the duty statements and the minimum qualifications based on current workplace norms and expectations for these positions providing varied technical support organization wide. In addition to the description of the duties and the minimum qualifications, staff determined that the naming convention adopted in 1999 is inconsistent with the current industry naming convention for such positions in other cities in the San Diego region. Further, the naming convention of MIS Technician I and II has caused some confusion among staff and applicants. In general, the designations of I and II are often used to differentiate entry level from journey level. In the case of the City's MIS series, the MIS Technician I is the designation for the positions that provide support for the City's desktop systems with the MIS Technician II denoting those that provide network systems support. As such, one position is not subordinate to the other nor entry level. Both positions are journey level, performing different IT duties. The proposed new titles are intended to eliminate such confusion and be more reflective of the field. 76 of 279 Page 2 Request to Amend Class Specifications for Management Information Systems Series, and Change the Title March 8, 2018 RECOMMENDATION a. Approve the amended classification specifications for Management Information Systems Technician I, Management Information Systems Technician II and Management Information Systems Manager. b. Approve the title changes for the Management Information series as follows: Current Title Proposed Title Management Information Systems Technician I Information Technology Technician Management Information Systems Technician II Information Technology Analyst Management Information Systems Manager Information Technology Manager Attachments: • Current Management Information Systems series classification specifications • Draft Information Technology series classification specifications 77 of 279 RESOLUTION NO. 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN AMENDMENT TO THE SALARY SCHEDULE OF THE MANAGEMENT EMPLOYEE GROUP TO CHANGE THE TITLE OF THE EXISTING MANAGEMENT INFORMATION SYSTEMS MANAGER TO INFORMATION TECHNOLOGY MANAGER WHEREAS, on March 8, 2018, the Civil Service Commission of the City of National City voted unanimously to revise the job description for the existing job classification of Management Information Systems Manager and to retitle the position to Information Technology Manager; and WHEREAS, due to this change, the Management employee group salary schedule needs to be amended to change the title of the existing Management Information Systems Manager to Information Technology Manager, as shown on the attached "Exhibit A". NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves an amendment to the salary schedule of the Management employee group to change the title of the existing Management Information Systems Manager to Information Technology Manager. PASSED and ADOPTED this 20th day of March, 2018. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Ron Morrison, Mayor 78 of 279 CC/CDC-HA Agenda 3/20/2018 — Page 79 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City amending the addendum to Rule II, Section 206A of the Civil Service Rules to allow for a career advanceable progression from Payroll Technician I to Payroll Technician II. (Human Resources) 79 of 279 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 20, 2018 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City amending the addendum to Rule II, Section 206A of the Civil Service Rules to allow for a career advanceable progression from Payroll Technician I to Payroll Technician II PREPARED BY: Lilia Munoz PHONE: 336-4309 EXPLANATION: City of National City Civil Service Rules (CSR) I, II and III allow for a Career Advancement program in the City's classification and promotion system. As prescribed, the Career Advancement program allows the City to budget and classify certain positions at the journey level but recruit for and hire individuals at a trainee or entry level. Once the incumbent has the appropriate tenure and has demonstrated competence, s/he is eligible to move up to the next level in the series, without competition until s/he reaches the journey level (or lower if the position is classified below the journey level). The job classifications that are eligible for the Career Advancement program are outlined in the addendum to CSR II, Section 206A. There are currently four career advanceable series in the City: Junior Engineer -Civil to Assistant Engineer -Civil; Accountant Trainee to Accountant; Code Conformance Officer I to Code Conformance Officer II; and Management Analyst Trainee to Management Analyst DEPARTMENT: Human Resources APPROVED B On March 8, 2018 the Civil Service Commission of the City of National City voted unanimously to amend the addendum to Civil Service Rule II, Section 206A to allow for the inclusion of the payroll series. As amended, the Payroll Technician I classification would be career advanceable to Payroll Technician II. FINANCIAL STATEMENT: ACCOUNT NO. There is no direct fiscal impact associated with this item. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the resolution amending the addendum to Civil Service Rule II, Section 206A allowing for the inclusion of Payroll Technician I in the City's Career Advancement program. BOARD / COMMISSION RECOMMENDATION: The Civil Service Commission voted unanimously to approve the amendment as described above. ATTACHMENTS: Resolution Civil Service Rule II, Section 206 and the Addendum to Section 206A March 8, 2018 report to the Civil Service Commission 80 of 279 I Civil Service Rule II — Classification of Positions SECTION 206 — CAREER ADVANCEMENT: In an effort to provide for the recruitment, advancement and retention of capable employees, it shall be the policy of the Civil Service Commission to provide for appropriate classifications to implement "career advancement" training programs. Through the career advancement program, when vacancies occur at or below journey -level in a career advanceable series, the Personnel Director shall have the authority to recruit and underfill the position at any of the lower level classes within the series. Upon gaining the experience and skills required for advancement, an incumbent underfilling a position shall become eligible for promotion to the higher levels in the series in succession until reaching the classified level of the position. The career advancement program and applicable procedure will apply only to recognized career advancement classifications listed in the Addendum to this section of the Civil Service Rules. (10/06/09) ADDENDUM TO CIVIL SERVICE RULE II SECTION 206A — CAREER ADVANCEMENT CAREER ADVANCEABLE SERIES Entry Level Classification Promotional Opportunity Engineering Junior Engineer — Civil •+ Assistant Engineer — Civil Fiscal Accountant Trainee Accountant Payroll Technician I —> Payroll Technician II Inspection Code Conformance Officer I Management Management Analyst Trainee Code Conformance Officer II Management Analyst I/II 81 of 279 DATE: March 8, 2018 TO: CALIFORNIA NA'UON((AL CFl`Y INCOEPO :f OD J CITY OF NATIONAL CITY MEMORANDUM City of National City Civil Service Commission FROM: Stacey Stevenson, Deputy City Mana er SUBJECT: Request for the creation of a Payroll Technician series through the creation of a new classification of Payroll Technician I; a title change of the existing Payroll Technician to Payroll Technician II; the designation of Payroll Technician I as career advanceable to Payroll Technician II through an amendment of Civil Service Rule II, Section 206A. The City of National City classification system includes the single incumbent classification of Payroll Technician responsible for: performing a variety of responsible and complex clerical and accounting work in the preparation of City payroll; and maintaining related records and reports. With this request, staff seeks to create an entry-level classification of Payroll Technician I. After having been filled by the same incumbent for many years, the Payroll Technician position was vacated in November, 2017. Human Resources staff has determined, after a review of the minimum qualifications, that it is likely that none of the City's clerical and administrative staff will meet the qualifications of three (3) years of fiscal recordkeeping, with at least one (1) year of payroll preparation and administration. In an effort to provide existing employees with an opportunity to compete for what would be a promotion, staff seeks to create an entry-level classification. Creation of an entry-level classification will allow for a promotional opportunity for exiting clerical and administrative staff while preserving the minimum qualifications of the existing journey -level Payroll Technician classification. A draft of the proposed classification specification for Payroll Technician I is attached to this request. To differentiate between the two classifications (that of the existing Payroll Technician and the proposed Payroll Technician I), staff also seeks a change in title from Payroll Technician to Payroll Technician II. The requested change is intended to differentiate the two classifications that would make up the proposed series and is consistent with the naming convention of the City of National City and other cities within the San Diego region. The duties of the current Payroll Technician classification and all other terms and conditions of employment would remain the same. 82 of 279 Page 2 Request for the creation of a Payroll Technician series March 8, 2018 Finally, because the proposed Payroll Technician I classification is intended to be an entry-level classification, staff further requests an amended to Civil Service Rule II, Section 206A to allow for a career advanceable progression from Payroll Technician I to the journey level Payroll Technician II. RECOMMENDATIONS a. Approve the creation of a new classification titled Payroll Technician I and the corresponding classification specification. b. Approve the title change of Payroll Technician to Payroll Technician II. c. Amend Civil Service Rule II, Section 206A to allow for a career advanceable progression from Payroll Technician I to Payroll Technician II. 83 of 279 RESOLUTION NO. 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE ADDENDUM TO RULE II, SECTION 206A, OF THE CIVIL SERVICE RULES TO ALLOW FOR A CAREER ADVANCEABLE PROGRESSION FROM PAYROLL TECHNICIAN I TO PAYROLL TECHNICIAN II WHEREAS, City of National City Civil Service Rules (CSR) I, II. and III allow for a Career Advancement program in the City's classification and promotion system, and allows the City to budget and classify certain positions at the journey level, but recruit for and hire individuals at a trainee or entry level; and WHEREAS, once the incumbent has the appropriate tenure and has demonstrated competence, the employee is eligible to move up to the next level in the series, without competition until the employee reaches the journey level (or lower if the position is classified below the journey level); and WHEREAS, there are currently four career advanceable series in the City: Junior Engineer -Civil to Assistant Engineer -Civil; Accountant Trainee to Accountant; Code Conformance Officer I to Code Conformance Officer II; and Management Analyst Trainee to Management Analyst I/II; and WHEREAS, on March 8, 2018, the Civil Service Commission of the City of National City voted unanimously to amend the addendum to Civil Service Rule II, Section 206A, to allow for the inclusion of the payroll series. As amended, the Payroll Technician I classification would be career advanceable to Payroll Technician II. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves amending the addendum to Rule II, Section 206A, of the Civil Service Rules to allow for a career advanceable progression from Payroll Technician I to Payroll Technician 11, PASSED and ADOPTED this 20th day of March, 2018. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Ron Morrison, Mayor 84 of 279 CC/CDC-HA Agenda 3/20/2018 — Page 85 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing 1) The acceptance of the FY 2017/2018 San Diego County Law Enforcement Foundation Grant in the amount of $2,715.30, and 2) The establishment of a Police Department grants fund appropr 85 of 279 MEETING DATE: j AGENDA (6- 6i(, L ^Trr;r (Resolution of the City Council of the City of National City authorizing 1) The acceptance of the FY 2017/2018 San Diego County Law Enforcement Foundation Grant and 2) The establishment of a Police Department grants fund appropriation and corresponding revenue budget of $2715.30 for the purchase of nine red carrier vests for the National City Police Department Range Staff. PREPARED B ( Wade Walters, Police Sergeant DEPARTMENT: Police - 2/ PHONE: 1(619) 336-4544! APPROVED BY: 'i����y EXPLANATIOF. .7 ©e- The San Diego County Law enforcement Foundation (SDCLEF) is a nonprofit 501 C(3) corporation composed of community members dedicated to providing financial support to law enforcement agencies in .San Diego County. The financial support is distributed in the form of equipment grants, scholarship, for continuing education, a Family Assistance Fund for families of officers killed in the line of duty, and other programs as deemed worthy by the SDCLEF. Each year, the SDCLEF establishes a budget for grants to be shared among all San Diego County law enforcement agencies. On January 4th, 2018, the SDCLEF Board of Directors awarded the National City Police Department a grant in the amount of $2715.30 to purchase (9) red carrier vests for the National City Police Department Range Staff. These vests will provide safety for the range staff during range training. The National City Police Department received a check from SDCLEF in the amount of $2715.30 on February 26, 2018. FINANCIAL STATEMENT: APPROVED: Lire,rFinance ACCOUNT NO. 001-411-000-305-0000 (Expenditure) $2715.30 APPROVED: MIS 001-11000-3470 (Revenue) $2715.30 The FY 2017/2018 SDCLEF grant does not require a match or in -kind contribution; therefore there is no Impact on the general fund. ENVIRON!7— "TAL REVIEW: (Not Applicable; ORDINANCE: INTRODUCTION: FRIM POPTION: STAFF RECOMMENDATION: Staff recommends the City Council adopt the resolution ErtiLy i COMMISSION REGOIe;I Not applicable ATTACHMENTS: San Diego County Law Enforcement Foundation Award Letter and a copy of the check. 86 of 279 January 24, 2018 San Diego County Law Enforcement Foundation 2565 Discovery Road Carlsbad, CA 92009 michaelmusgmve1507@gmail.com Sgt. Jeff Etzler National City Police Department 1243 National City Blvd. National City, CA 91950 Dear Sergeant Etzler: Please find enclosed a check for $2,7.15.30, as a grant award for the purchase of 9 carrier vests for your department, as requested. The membership and Grants Committee of the San Diego County Law Enforcement Foundation extends our appreciation for your department's service to our community. We hope these tools facilitate you in your important work. If you have any questions regarding this matter, please don't hesitate to contact me at 858-232-4096. Sincerely, Michael E Musgrove Treasurer/CFO, San Diego County Law Enforcement Foundation Enclosure Cc: Ed Musgrove, President SDCLEF (ed.nmusgrove@cox..net) Cal Turley (calla luthturley.com) 2565 Discovery Road michaelmusgove1507@gnafl.com Carlsbad, CA 92009 858-232-4096 87 of 279 SAN DIEGO COUNTY LAW ENFORCEMENT. FOIJNDATIoN POSTOFFICE BOX 81087 SAN DIEGO, CA 921384087 Telephisre 019) '482 8544 1-4-2018 Re: Equipment Grants National City PD 1200 National City Blvd. National City, CA. 91950 Attention: Sergeant Jeff Etter Sergeant Etzler, The SDCLEF is proud to inform you that your request for purchase of 9 carrier vest in the amount of $2,715.30 has been approved. • Please contact our Treasurer, Michael Musgrove, Nliehael,musgrove@IQVIA.com or 858-232- 4096.to make arrangements for reimbursement o funds to purchase the equipment. The members of the San Diego County.law.Enforcement Foundation acknow€edgethe work done by our local law enforcement agencies and appreciate an opportunity such as these grants to express our Thanks. Sincerely, Cal Turley SDCLEF Grants Committee Chair 88 of 279 IICLUDES SIB>L•E ADC ' 'nEr1IC5LhILACTIVE. OPERTIC. ND EATURESFF•OILVMQLOGI AM • SAND1ES0 COUNTY LAW ' MDTN PO BOX 81087 • " SAN DIEGQ, CA•9i213a:;,• PAYLF4TNE' ite City• 6fthtionai City ORDER OF • i�l�_•"`:a'pUL9YATLpM.1riK.P.:I'Nt'• CLb w'011:.11TCi()VIEW �� •. -• - Two.Thousapd Stolen' Hundred Fifteen and }.,. N l0na1Atyic[iae Dept. , 1243 Ntafonal City Blvd. National City, CA 91950 f + ti:ir. I.4rar 'r d' 1 .l r r r i ..'.. MEN • .1. Natrona C`tty'PD.Grant 20172018 24Jat1 18 r. Grosam nt CenterDr., Suite 408 La Mesa, California 91942 CBT 1-800-400-8080 www.cafbanktruat.com 90-3210/1222 0002LLWW' 17.1.22232L091: 1/24/2018 $ "2,715.30 DOLLARS \\:.�_.({EC.T ENSITIVEiiED - 20LOLL655Lff' • 89 of 279 RESOLUTION NO. 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING FISCAL YEAR 2017/2018 SAN DIEGO COUNTY LAW ENFORCEMENT FOUNDATION GRANT FUNDS IN THE AMOUNT OF $2,715.30 FOR THE PURCHASE OF NINE RED CARRIER VESTS FOR THE NATIONAL CITY POLICE DEPARTMENT RANGE STAFF, AND AUTHORIZING THE ESTABLISHMENT OF A POLICE DEPARTMENT GRANTS FUND APPROPRIATION AND CORRESPONDING REVENUE BUDGET IN THE AMOUNT OF $2,715.30 WHEREAS, the San Diego County Law Enforcement Foundation (SDCLEF) is a nonprofit 501 C(3) corporation composed of community members dedicated to providing financial support to law enforcement agencies in San Diego County; and WHEREAS, the financial support is distributed in the form of equipment grants, scholarships for continuing education, a Family Assistance Fund for families of officers killed in the line of duty, and other programs as deemed worthy by the SDCLEF; and WHEREAS, on January 4, 2018, the SDCLEF Board of Directors awarded the National City Police Department a grant in the amount of $2,715.30 to purchase (9) red carrier vests for the National City Police Department range staff to provide safety during range training. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts the Fiscal Year 2017/2018 San Diego County Law Enforcement Foundation Grant in the amount of $2,715.30 to purchase (9) red carrier vests for the National City Police Department range staff to provide safety during range training. BE IT FURTHER RESOLVED that the City Council authorizes the establishment of a Police Department grants fund appropriation and corresponding revenue budget in the amount of $2,715.30. PASSED and ADOPTED this 20th day of March, 2018. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Angil P. Morris -Jones City Attorney 90 of 279 CC/CDC-HA Agenda 3/20/2018 — Page 91 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit - "Kidz Fest" Community Easter Egg Hunt sponsored by Cornerstone Church of San Diego at 1914 Sweetwater Road on March 31, 2018 from 10 a.m. to 2 p.m. with no waiver of fees. (Neighborhood Services) 91 of 279 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 20, 2018 AGENDA ITEM NO.. ITEM TITLE: Temporary Use Permit "Kidz Fest" Community Easter Egg Hunt sponsored by Cornerstone Church of San Diego at 1914 Sweetwater Road on March 31, 2018 from 10 a.m. to 2 p.m. with no waiver of fees. PREPARED BY: Dionisia Trejo DEPARTMENT: Nei PHONE: j(619) 336-4255 APPROVED BY: EXPLANATION: This is a request from the Cornerstone Church of San Diego to conduct an Easter egg hunt at 1914 Sweetwater Road on March 31, 2018 from 10 a.m. to 2 p.m. Set up for the event will commence at 7 a.m. on the day of the event. This event will include an Easter egg hunt for appropriate age groups, face painting, amusement rides, inflatable bouncer slide, rock climbing wall, music stage with monitored sound system and eating areas with tables and chairs. Free games will be provided. d Services Department This year the organization decided to change the event location from Las Palmas Park to Cornerstone Church of San Diego at 1914 Sweetwater Road to be able to make a closer connection with families. Note: This event was approved by Council in 2016 and 2017 with no waiver of fees. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: City fee of $237.00 for processing the TUP, plus $700.00 for the Fire Inspection. Total fees: $937.00 ENVIRONMENTAL REVIEW: IN/A; ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waive of fees or in accordance to City Council Policy 802. BOARD / COMMISSION RECOMMENDATION: [N/A ATTACHMEN` Application for a Temporary Use Permit with recommended conditions of approval. 92 of 279 City of National City a Neighborhood Services Department 1243 National City Boulevard • National City, CA 91950 (619) 336-4364 • fax (619) 336-4217 www.n ati onalcityca _gav Special Event Application Type of Event Ei Fair/Festival ❑ Parade/March 0 TUP LJ Sporting Event Event Name & Location. ❑ Walk or Run ❑ Concert/Performance ❑ Other (specify) Event Title "Kidz Fest" (Community Easter Egg Hunt) Event Location (list all sites being requested) Cornerstone Church of San Diego Event Times Set -Up Starts 7:00am Date 03/31/18 Time Event Starts 10:OOam Date 03/31/18 Time Event Ends Date 03/31/18 Breakdown Ends Date 03/31/18 Time 2:00pm Time 5:OOpm Applicant Information Day of Week Saturday Day of Week Saturday Day of Week Saturday Day of Week Saturday Applicant(Your name)Shannon Bryant - Cornerstone Church pP Sponsoring Organization Event Coordinator (if different from applicant) NIA Mailing Address 1914 Sweetwater Rd National City 91950 Day Phone 619-425-9333 After Hours Phone 619-841-8082 Cell Fax Public Information Phone 619-425-9333 E-mail shannon@tumingthehearts.com Applicant agrees to investigate, defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and all loss, damage, liability, claims, demands, detriments, costs, charges, expense. (including attorney's fees) and causes of action of any character which the City, its officers, employees and agents may incur, sustain or be subjected to on account of loss or damage to property or the loss of use thereof and for bodily injury to or death of any persons (including but not limited to the employees, subcontractors, agents and invitees of each party hereto) arising out of or in any way connected to the occupancy, enjoyment and use of any City premises under this agreement to the extent permitted by law. Applicant understands this TUP/special event may implicate fees for City services, which will have to be paid in the City's Finance Department 48 hours prior to the event set-up. The undersigned also understands and accepts the City's refund policy for application processing and facility use and that fees and charges are adjusted annually and are subject to change. Shannon Bryant Digitally signeo by Shannon Bryant 12/28/17 Signature of Applicant: Date: 2017.02.1511:38:48-08'00' Date 1 93 of 279 Special Event Application (continued) Please ec'rnplete the following sections witi as much detail as pa silile in fees and reouafements are based on 4he Information you provide us Fees/Proceeds/Reporting Is your organization a "Tax Exempt, nonprofit" organization? Yes ❑■ No ❑ Are admission, entry, vendor or participant fees required? Yes ❑ No 1 If YES, please explain the_plirpose and provide amount (s);____ $0 event. Estimated Gross Receipts including ticket, product and sponsorship sales from this 10,000 $ Estimated Expenses for this event. $ 0 What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Description of Event ❑ First time event 0 Returning Event ❑ include site map with application Note that this description may be published in our City Public Special Events Calendar: .Special areas for appropriate age group egg hunt. Face painting, music and fun for kids. Eating areas with tables and chairs. Free games provided. Estimated Attendance Anticipated # of Participants: 1500 Anticipated # of Spectators: 1000 2 94 of 279 Traffic Control, Security, First Aid and Accessibility Requesting to close street(e) to vehicular traffic? Yes ❑ No Ei List any streets requiring closure as a result of the event (provide map): Date and time of street closure: Date and time of street reopening: ❑ Other (explain) Requesting to post "no parking" notices? Yes 0 No ❑■ O Requested °No Parking' on city streets and/or parking lots (list streets/parking lots) (provide map): ❑ Other (explain) Security and Crowd Control Depending on the number of participants, your event may require Police services. Please describe your procedures for both Crowd Control and Internal Security: Cornerstone Church security and traffic ministries. Have you hired Professional Security to handle security arrangements for this event? Yes 0 No NO tf YES, name and address of Security Organization Security Director (Name): Phone: If using the services of a professional security fire, AND the event will occur on City property, ro tl+s please provide a copy of its insurance certificate, evidencing Inability with limits of at least $1 Million dollars per occurance/$2 Million dollars aggregate; as well as and additional insured endorsement naming the City of National City,its officers, employees, and agents as additional insureds: Evidence of irlsuranco Must be provided by the vendor or its insurer to the Crty`s Risk Manager for review and approval prior to the event Is this a night event? Yes ❑ No 0 If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: 3 95 of 279 First Aid Depending on the number of participants, your event may require specific First Aid services. First aid station to be staffed by event staff? Yes El No 0 First aid/CPR certified? Yes ■❑ No ❑ ❑ First aid station to be staffed by professional company. D Company Accessibility Please describe your Accessibility Plan for access at your event by individuals with disabilities: Event will be held on our property which meets ADA standards. Facility restrooms will be used. Elements ofyour Euet- t Setting up a stage? Yes ❑® No ❑ ❑ Requesting City's PA system ❑ Requesting City Stage; if yes, which size? ❑ Dimensions (13x28) ❑ Dimensions (20x28) ■❑ Applicant providing own stage 0-20x28 (Dimensions) Setting up canopies or tents? 10 # of canopies size 10X10 # of tents size ❑ No canopies/tents being set up Setting up tables and chairs? E Furnished by Applicant or Contractor 10 100 # of tables ❑ No tables being set up # of chairs El No chairs being set up ❑ (For City Use Only) Sponsored Events — Does not apply to co -sponsored events # of tables ❑ No tables being set up # of chairs ❑ No chairs being set up Contractor Name Contractor Contact information Address City/State Phone Number 96 of 279 Setting up other equipment? O Sporting Equipment (explain) ❑ Other (explain) IN Not setting up any equipment listed above at event Having amplified sound andlor music? Yes IN No ❑ O PA System for announcements 0 CD player or DJ music O Live Music It. ® Small 4-5 piece live band > ❑ Large 6+ piece live band D Other (explain) If using live music or a DJ. ► Contractor Name Cornerstone Worship Ministry ► 1914 Sweetwater Rode National City, CA 619-425-9333 Address City/State Phone Number Using lighting equipment at your event? Yes ❑ No El ❑ Bringing in own lighting equipment ❑ Using professional lighting company I. Company Name Address Using electrical power? Yes ❑■ No ❑ O Using on -site electricity ® Bringing in generator(s) .Vend or: I.nforn tat.ion. 0 For sound and/or lighting ® For sound and/or lighting Phone Number ❑ For food and/or refrigeration ❑ For food and/or refrigeration PLEASE NOTE: You may be required to apply for a temporary health permit if food or beverages are sold of given away during your special event Also see `Permits and Compliance' on page 8 in the Speoiai Event Guide. For additional infort t tion .on ob 1-a,^g a temporary health permit, please contact the County of San Diego Environmental Health at (61.9) 338-2363. Having food and non-alcoholic beverages at your event? Yes 0 No ❑ O Vendors preparing food on -site ► # > Business License # If yes, please describe how food will be served and/or prepared: If you intend to cook food in the event area please specify the method: GAS ❑ ELECTRIC 0 CHARCOAL 0 OTHER (Specify): ❑ Vendors bringing pre -packaged food I. # 1 I!► Business License # ❑ Vendors bringing bottled, non-alcoholic beverages (i.e., bottled water, can soda, etc.) I► # ❑ Vendors selling food # P Business License #(s) ❑ Vendors selling merchandise # P. Business License #(s) 5 97 of 279 ■❑ Food/beverages to be handled by organization; no outside vendors ❑ Vendors selling services # ► Explain services ❑ Vendors passing out information only (no business license needed) # ' Explain type(s) of information ❑ No selling or informational vendors at event 10 Business License #(s) Having children activities? Yes ❑D No ❑ PLEASE NOTE: In the event inflatable jumps are provided at the event, The City of National City requires commercial liability insurance with limits of at least $1 Million dollars per occurrence/$2 Million dollars aggregate In addition, the City of National City must be named as an Additional Insured pursuant to a separate endorsement, which shall be provided by the vendor or its insurer to the City's Risk Manager, along with the Certificate of Insurance, for approval pnor to the event The application should be filed out at least one week prior to the event There is a $25 fee to process the permit application. For questions or to obtain a copy of the "Facility Use Application", please contact the Engineering/Public Works Department at (619) 336-4580 0 Inflatable bouncer house # 2 0 Inflatable bouncer slide # 3 Other 2-3 child amusement rides E Rock climbing wall Height E Arts & crafts (i.e., craft making, face painting, etc.) Having fireworks or aerial display? Yes ❑ No ri O Vendor name and license # Dimensions Duration Number of shells Max. size PLEASE NOTE: In the event fireworks or another aerial display is planned for your event The City of National City requires commercial liability insurance with limits of at least $2 Million dollars per occurrence/ $4 Million dollars aggregate. In addition, the City of National City must be named as an Additional Insured pursuant to a separate endorsement, which shall be provided by the vendor or its insurer to the City's Risk Manager, along with the Certificate of Insurance, for approval prior to the event. Depending on the size and/or nature of the fireworks display, the City reserves the right to request higher liability limits. The vendor must also obtain a fireworks permit from the National City Fire Department and the cost is $502.00 Arranging for media coverage? Yes ID No❑ El Yes, but media will not require special set-up ❑ Yes, media will require special set-up. Describe 6 98 of 279 Event Signage PLEASE NOTE For City sponsored or co -sponsored events, banners publicizir g the event may be placed on the existing poles on the 1800 block and 3100 block of National City Boulevard The banners must be made to the City's specifications Please refer to the Crty's Special Evert Guidebook and Fee Schedule for additional information. Are you planning to have signage at your event? Yes I No ❑ El Yes, we will post signage # 1 Dimensions 8x12 El Yes, having inflatable signage # 0 Yes, we will have banners # 2 • (complete Inflatable Signage Request form) ❑ What will signs/banners say? Event title, activities, date and hours ElHow will signs/banners be anchored or mounted? Voles Waste Management PLEASE NOTE One toilet for every 250 people is required, unless the applicant can show that there are sufficient facilities in the immediate area available to the public during the event_ Are you planning to provide portable restrooms at the event? Yes ❑ No ■❑ If yes, please identify the following: i:'- Total number of portable toilets: ® Total number of ADA accessible portable toilets: ❑ Contracting with portable toilet vendor. Po - !a Load -in Day & Time ❑ Portable toilets to be serviced. Time Set-up, Breakdown, Clean-up Setting up the day before the event? ❑ Yes, will set up the day before the event. ri No, set-up will occur on the event day Requesting vehicle access onto the turf? Company Phone ® Load -out Day & Time ▪ # of set-up day(s) ❑ Yes, requesting access onto turf for set-up and breakdown (complete attached Vehicle Access Request form) Ed No, vehicles will load/unload from nearby street or parking lot. 7 99 of 279 ❑ City to install litter fence ❑ Applicant to install litter fence ■❑ N/A Breaking down set-up the day after the event? ❑ Yes, breakdown will be the day after the event. ► # of breakdown day(s) ■❑ No, breakdown will occur on the event day. How are you handling clean-up? ❑ Using City crews • Using volunteer clean-up crew during and after event. ❑ Using professional cleaning company during and after event. Miscellaneous Please list anything important about your event not already asked on this application: Please make a copy of this application for your records. We do not provide copies. 8 100 of 279 Special Events Pre -Event Storm Water Compliance Checklist I. Special Event Information Name of Special Evert: Community Easter Egg Hunt Event Address: Cornerstone Church of San Diego Event liostl�rdinator: Shannon Bryant Expected # of Attendees: 1500 Phone Number: 619425-9333 II. Storm Water Best Management Practices. (BMPs) Review YES NO N/A Will enough trash cans provided for the event? Provide number of trash bins: 6 Wilienough recycling bins provided for the event? . - Provide number of recycle bins: l'' .,•. ' i:� °� ' . ; Will all portable toilets have secondary containment trays? (exceptions for ADA compliant portable toilets) Do all storm drains have screens to temporarily protect trash and debris from entering? Are spill cleanup kits readily available at designated spots? * A Post -Event ent Storm Water Compliance Checiillat will be completed by Clty Staff. 9 101 of 279 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. The insurance company issuing the insurance policy must have a A.M. Best's Guide Rating of A:VII and that the insurance company is a California. admitted company; if not, then the insurance policy to the issuance of the permit for the event. The Certificate Holder must reflect: City of National City Risk Management Department 1243 National City Boulevard National City, CA 91950 Cornerstone Church of San Diego Organization: Person in Charge of. Activity: Mike Ramirez Address: 1914 Sweetwater Road National City, CA. 91950 Telephone: Date(s) of Use: HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agrees) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Shannon Bryant Digitally signed by Shannon Bryant Signature of Applicant:Date: 2017.02.15 15:12:35-08'00' Official Title: Date: Offrce Use O y Certificate of Insurance Approved 10 Date 102 of 279 _L. 0 0 ND Google Maps Q 1 ;14 Sweetwater Rd• I Wv -3 •••• • 1 ' . ui 'Arty. • . , °'1,-.1,.. 4..........„,_. ' '''' • "•v.i:- .::' .),•. srAo:.+7 5 ...-II„ - __ 1,, . - .1. TIMI.i ' I jL 1: 1,i 1,1 . - 5•- _ 2Ir"''......'.1...0r 4 . ' Ai.,to,4rw14.V.ti_,iii.i1,4,i.' 72': i - •i.-1,-1.4. „1-;.r";,..:•."-.. . :- 4.. ,•,-,-..1,.a,.-,r,.:•.,e„_I,-12-.i<„_.-.T•••.,11:,-:,-.,,,-,4 -•-•.7• 4- - z ..7,-- . T_... ..-,., - _r`_I-.o_i•r_I-'.-;'_= -r 2-. . .,',7II'_•.,_1•,e.,i—,,,I,_si,'i,*- ,r1,,I,L6Lhi"tIii1lq ijI LIi_i i.'r I I1 I ._1iFiiIl1i I6 —-1,i—1 —. :1r.---.-[,Ii1 .slIl\,[Is_til .1_1., r161-it11tI;iI,) yr111i2i'—er'-.li17i1 1.ali I1 i IV.lI-ii-;-I I-I-I-\"F.-.,i--'-y1I7I 1,1--1-A--1• -y, \, 4 ciiii i1 l_Y r IC7 IV r , ' "S-..4„: '1.'4. -7 :I'II'7•.—,.. I -"-ic.ii•LL. 4. . ' - ... - F `1"tItI:44 ,. •472.1:-'. . , 4 ' ji if • --r.c,,- .4 i I I 1 1, I d 11 /, • I. • o irrarriihs A feiddie• rides 64.14 erres461asicha:trs CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: Cornerstone Church of San Diego EVENT: "Kidz Fest" Community Easter Egg Hunt DATE OF EVENT: March 31, 2018 APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ 1 SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ j SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ j SEE CONDITIONS [ x CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x j COMMUNITY SERVICES YES [ x ] NO [ j SEE CONDITIONS [ ] NEIGHBORHOOD SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 Building No comments Planning All activities shall comply with Title 12 (Noise), Table III of the National City Municipal Code. Speakers shall face away from residential properties. Engineering No comments POLICE DEPARTMENT The Police Department has no stipulations. The on -duty patrol squad will provide extra patrol, calls for service permitting. CITY ATTORNEY Approved on conditions that Risk Manager approves. 104 of 279 COMMUNITY SERVICES No involvement NEIGHBORHOOD SERVICES Neighborhood Notifications — Events are required to notify residents and/or businesses of the surrounding impacted areas by the event. The notice shall include the name of the event, name and phone number of the company/organization producing the event, the dates and tinges of the event (including set-up and breakdown) and a detailed description of how the residents and/or businesses may be affected, such as by street closures, "No Parking" signs being posted, music at the event, etc. RISK MANAGER (619) 336-4370 Risk Management has reviewed the above captioned application for the issuance of a Temporary Use Permit. In as much as the event will held solely on private property there will be no additional insurance requirements necessary for the issuance of the permit. PUBLIC WORKS (619)366.4580 No involvement FINANCE Anyone serving tood to the Public should have a "Food Handlers Card". Ali "Vendors", if any, should have a business license. 105 of 279 FIRE (619) 336-4550 Inspection Required After Hours Inspection Fee $200.00, Carnivals / Fairs Fee $500.00, Total $700.00 Stipulations required by the Fire Department for this event are as follows: 1) Access to the area in and around the buildings shall be maintained at all times. Do not block entrances and emergency roadways. This may require you to move rides, slides, jumpers etc. to the other side of the parking lot. 2) Fire Department access into and through booth areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 14 feet. 3) Fire Hydrants shall not be blocked or obstructed. 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 6) Provide a 2A:10BC fire extinguisher at stage area. Extinguisher to be mounted in a visible location between 3'/z`to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. 7) Internal combustion power sources that may be used for inflatables, shall be of adequate capacity to permit uninterrupted operation during normal operating hours. Refueling shall be conducted only when the ride is not in use 8) Internal combustion power sources shall be isolated from contact with the public by either physical guards, fencing or an enclosure. Internal combustion power shall be at least 20 feet away stage area 9) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as 'Temporary Wiring" only 10) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all rides, cooking areas, game booths, etc. 106 of 279 11) if tents or canopies are used, the following information shall apply: • Tents having an area from 0-200 square feet shall be $200.00 • Tents having an area more than 201 square feet shall be $400.00 • Canopies having an area from 0-400 square feet shall be no charge. • Canopies from 401-500 square feet shall be $250.00. • Canopies from 501-600 square feet shall be $300.00. • Canopies from $601.00 or greater shall be $400.00. • Multiple tents and or canopies placed together equaling or greater than the above stated information shall be charged accordingly. • Tents shall be flame-retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Fees can only be waived by the City Council. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet State Fire Marshal approval for cooking. See Fire Marshal for required explanation 12) Concession stands utilized for cooking shall have a minimum of 10 feet of clearance on two sides and shall not be located within 10 feet of tents or canopies. 13) Ail cooking booths or areas to have one 2A:ii0BC fire extinguisher. if grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. See Fire Marshal for required explanation. All fire extinguishers to have a current State Fire Marshal Tag attached. 14) First Aid will be provided by Cornerstone Church of San Diego personnel. 15) Provide inflatable Jumpers/Slide vendors California State Fire Marshal Certificate for Flame Resistance. 16) Carnivals and Fairs require a $500 Permit. 17) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of one hundred ($200.00) dollars. 107 of 279 CC/CDC-HA Agenda 3/20/2018 — Page 108 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit - Halloween retail tent store hosted by Halloween Express at Westfield Plaza Bonita Mall from August 15, 2018 thru November 10, 2018 with no waiver of fees. (Neighborhood Services) 108 of 279 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 20, 2018 AGENDA ITEM NO. ITEM TITLE: [Temporary Use Permit — Halloween retail tent store hosted by Halloween Express at Westfield Plaza Bonita Mall from August 15, 2018 thru November 10, 2018 with no waiver of fees. PREPARED BY: IDionisia Trejo PHONE: 1(619) 336-4255I EXPLANATION: This is a request from Halloween Express to open a temporary outdoor Haiioween retail tent store at Plaza Bonita Mall from August 15, 2018 thru November 10, 2018. Daily hours of operations will be from 10 a.m. to 9 p.m. This 50 x 150sgft tent will be set-up on the westside parking lot of the mall adjacent to Ring Road within lot number location known as Lot #2. This outdoor tent will provide the community with a wide product selection of seasonal items such as Halloween costumes, decorations, and accessories. At the end of the season, starting November 1st, Halloween Express will have a three day 50 percent liquidation sale. If approved, this temporary structure may require additional permits and inspections from both the Building and Fire Department prior to opening for business. Westfield Plaza Bonita security and the applicant's staff will serve as security during the business and closed hours of operation. DEPARTMENT: Ne. APPROVED BY; rhood Services Department Note: This applicant has been approved for this request with no waivers in 2016 & 2017_ FINANCIAL STATEMENT: ACCOUNT NC. (City fee of $237.00 for processing the TUP through various City departments, plus $400 for Fire Department and $118 for Building. Total fees: $ 55.00 ENVIRONMENTAL REVIEW: IN/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees or in accordance to City Council Policy 802. I BOARD / COMMISSION RECOMMENDATION: IN/AI ATTACHMENT: Application for a Temporary Use Permit with recommended conditions of approval. Finance MIS 109 of 279 Type of Event 0 Fair/Festival ❑ TUP City of National City • Neighborhood Services Department 1243 National City Boulevard • National City, CA 91950 (619) 336-4364 ■ fax (619) 336-4217 www.nationalcityca.gcv Special Event Application ❑ Parade/March ❑ Sporting Event Event Name & .Location Event Title Halloween Retail Tent ❑ Walk or Run 0 Concert/Perforrance Le Other (specify) Retail Sales Event Location (list a!! sites being requested) Parking Lot 2 at Westfield Plaza Borate Mal! Event Times Set -Up Starts 8:00 AM Date 8/15/2018 Time Day of Week Thursday Date August 30th Time 10:00 AM Day of Week Thursday Event Ends Event Starts Date November 4th Tirne 9:00 PM Day of Week Sunday Breakdown Ends Date November 10th Time 8:00 PM Day of Week Saturday Ap licant Information RECEIVED FEB 07 2018 Neighborhood Services Deperhoeid C7ryar National City Applicant Halloween Tyme LLC Halloween Express pp (Your name) Sponsoring Organization Event Coordinator (if different trom applicant) Mathew Fahr i+isaiiino. Address784 Avenida Codornis, an Memos, CA 92069 Day Phone 414-803-8989 After Hours Phone 414-803-8989 Cell 414-803-8989 Fax 866-568-665: Public Information Phone E-mail mmfahr@gmail.com Applicant agrees to investigate, defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and ail Toss, damage, liability, claims, demands, detriments, costs, charges, expense (including attorney's fees) and causes of action of any character which the City, its officers, employees and agents may incur, sustain or be subjected to on account of loss or damage to property or the loss of use thereof and for bodily injury to or death of any persons (including but not limited to the employees, subcontractors, agents and invitees of each party hereto) arising out of or in any way connected to the occupancy, enjoyment and use of any City premises under this agreement to the extent permitted by law. Applicant understands this TUP/special event may Im City's Finance Department 48 hours prior to the avant sei City's refund policy for application processing and facility use a are subject to change. Signature of Applicant: 1 e fees for City services, which will have to be paid in the he undersigned also understands and accepts the that fees and charges are adjusted annually and Date 110 of 279 Special Event Application (continued) Please complete the following sections with as much detail as possible since fees and requirements are based on the information you provide us Fees/Proceeds/Reportin Is your organization a "Tax Exempt, nonprofit" organization? Yes 0 No 0 Are admission, entry, vendor or participant fees required? Yes ❑ No If YES, please explain the purpose and provide amountr's): event. Estimated Gross Receipts including ticket, product and sponsorship sales from this Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Description of Event ❑ First time event ® Returning Event ❑ include site map with application Note that this description may be published in our City Public Special Events Calendar: ,fi "Ifreg Estimated Attendance Anticipated # of Participants: Anticipated # of Spectators: 2 111 of 279 Traffic Control, Securit , First Aid and Accessibilit Requesting to close street(s) to vehicular traffic? Yes ❑ No MI List any streets requiring closure as a result of the event (provide map): Date and time of street closure: Date and time of street reopening: ❑ Other (explain) Requesting to post "no parking" notices? Yes 0 No 0 O Requested "No Parking" an city streets and/or parking lots (list streets/parking lots) (provide map): ❑ Other (explain) Securit and Crowd Control Depending on the number of participants, your event may require Police services. Please describe your procedures for both Crowd Control and Intemal Security: Mali Security and Halloween Express Employees Have you hired Professional Security to handle security arrangements for this event? Yes 0 No ® If YES, name and address of Security Organization Security Director (Name): Phone: If using the services of a professional security firm AND the event will occur on City property, please .provide a copy of its insurance certificate, evidencing liability with limits of at least $1 Million dollars per •occurancef$2 Million dollars aggregate, as well as and additional insured endorsement naming the City of National City, its officers, employees, and agents as additional insureds. Evidence of insurance must be provided by the vendor or its insurer to the City's Risk Manager for resew and approval prior to the event. Is this a night event? Yes IN No ❑ If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Halloween Express Hours are 9:00 AM to 10:00 PM. We will use SDGE Electricity to have Standard Intemal Lighting and will use Parking Lot lights as well as some Flood lights and Light tower to illuminate the outside. 3 112 of 279 First Aid Depending on the number of participants, your event may require specific First Aid services. First aid station to be staffed by event staff? Yes 1 No ❑ First aid/CPR certified? Yes ❑ No ❑ ❑ First aid station to be staffed by professional company. ► Company Accessibilit Please describe your Accessibility Plan for access at your event by individuals with disabilities: Attached, please find a map of where the tent will be set up and Halloween Express Two Marked Parking Spots for Disabled Parking Elements of our Event Setting up a stage? Yes ❑ No ■❑ ❑ Requesting City's PA system ❑ Requesting City Stage; if yes, which size? ❑ Dimensions (13x28) ❑ Dimensions (20x28) ❑ Applicant providing own stage (Dimensions) Setting up canopies or tents? # of canopies size one # of tents size 7500 sq f ❑ No canopies/tents being set up Setting up tables and chairs? ❑ Furnished by Applicant or Contractor # of tables ❑ No tables being set up # of chairs ❑ No chairs being set up ❑ (For City Use Only) Sponsored Events — Does not apply to co -sponsored events # of tables ❑ No tables being set up # of chairs ❑ No chairs being set up Contractor Name Contractor Contact Information Address 4 City/State Phone Number 113 of 279 Setting up other equipment? ❑ Sporting Equipment (explain) ❑ Other (explain) ® Not setting up any equipment listed above at event Having amplified sound and/or music? Yes 0 No ❑ PA System for announcements ❑ CD player or DJ music ❑ Live Music ► 0 Small 4-5 piece live band ► 0 Large 6+ piece live band ❑ Other (explain) If using live music or a DJ. ® Contractor Name ► Address City/Stnio Phone Number Using lighting equipment at your event? Yes ❑ No® ❑ Bringing in own lighting equipment ❑ Using professional lighting company G Company Name Address City/State Phone Number Using electrical power? Yes ® No ❑ Using on -site electricity ❑ For sound and/or lighting 0 For food and/or refrigeration ❑ Bringing in generator(s) ❑ For sound and/or lighting ❑ For food and/or refrigeration Vendor Information PLEASE NOTE: You may be required to apply for a temporary health permit if food or beverages are sold of given away during your special event. Also see 'Permits and Compliance' on page 8 an the Special Event Guide. For additional inforrnation on obtaining a temporary health permit, please contact the County of San Diego Environmental Health at (619) 338-2363, Having food and non-alcoholic beverages at your event? Yes ❑ No© ❑ Vendors preparing food on -site ► # ® Business License # If yes, please describe how food will be served and/or prepared: If you intend to cook food in the event area please specify the method: ❑ GAS ❑ ELECTRIC ❑ CHARCOAL ❑ OTHER (Specify): O Vendors bringing pre -packaged food ► # ► Business License # ❑ Vendors bringing bottled, non-alcohoiic beverages (i.e., bottled water, can soda, etc.) i* # ❑ Vendors selling food # I> Business License #(s) ❑ Vendors selling merchandise # ► Business License #(s) 5 114 of 279 ❑ Food/beverages to be handled by organization; no outside vendors ❑ Vendors selling services # lib Business License #(s) ► Explain services ❑ Vendors passing out information only (no business license needed) # Explain type(s) of information ❑ No selling or informational vendors at event Having children activities? Yes ❑ No PLEASE NOTE: in the event inflatable _lumps are provided at the event, The City of National City requires commercial liability insurance with limits of at least $1 Million dollars per occurrence/$2 Million dollars aggregate. In addition, the City of National City must be named as an Additional Insured pursuant to a separate endorsement, which shall be provided by the vendor or its insurer to the City's Risk Manager, along with the Certificate of Insurance, for approval prior to the event The application should be filed out at least one week prior to the event. There is a $25 fee to process the pemart application. For questions or to obtain a copy of the "Facility Use Application", please contact the Engineering/Public Works Department at (619) 336-4580 ❑ Inflatable bouncer house # ❑ Inflatable bouncer slide # ❑ Other ❑ Rock climbing wall Height ❑ Arts & crafts (i.e., craft making, face painting, etc.) Having fireworks or aerial display? Yes ❑ No ❑ Vendor name and license # Dimensions Duration Number of shells Max. size PLEASE NOTE: In the event fireworks or another aerial display is planned for your event, The City of National City requires commercial liability insurance with limits of at least $2 Million dollars per occurrence! $4 Million dollars aggregate. In addition, the City of National City must be named as an Additional Insured pursuant to a separate endorsement, which shallbeprovided by the vendor or its insurer to the City's Risk Manager, along with the Certificate of Insurance, for approval prior to the event. Depending on the size and/or nature of the fireworks display, the City reserves the right to request higher liability limits. The vendor must also obtain a fireworks permit from the National City Fire Department and the cost is $502.00 Arranging for media coverage? Yes0 No ❑m ❑ Yes, but media will not require special set-up ❑ Yes, media will require special set-up. Describe 6 115 of 279 MIZEIMEZI PLEASE NOTE: For City sponsored or co -sponsored events, banners publicizing tie event may be placed on the existing poles on the 1800 block and 3100 block of National City Bouevard. The banners must be made to the City's specifications. Please refer to the City's Special Event Guidebook and Fee Schedule for additional information. Are you planning to have signage at your event? Yes FE No Ei ❑ Yes, we will post signage # ❑ Yes, having inflatable signage # Lg.,Yes, we will have banners # Q Dimensions (complete Inflatable Signage Request form) ❑ What will signs/banner say? Halloween Express Q How will signs/banners be anchored or mounted? The banners will be fastened to the tent with bolts Waste Manac ement PLEASE NOTE: One toilet for every 250 people is required, unless the applicant can show that there are sufficient facilities in the immediate area available to the public during the event_ Are you planning to provide portable restrooms at the event? Yes r No ❑ If ves. please identify the following• rP. Total number of portable toilets: Two • Total number of ADA accessible portable toilets: One ❑ Contracting with portable toilet vendor. Diamond Environmental Services 8/20/2018 Company Phone ► Load -in Day & Time Is Load -out Day & Time 11 /10/2018 ❑ Portable toilets to be serviced. le Time Twice a week Set-up, Breakdown. Clean-up Setting up the day before the event? Er Yes, will set up the day before the event. # of set-up day(s) 14 clays ❑ No, set-up will occur on the event day Requesting vehicle access onto the tuft? ❑ Yes, requesting access onto turf for set-up and breakdown (complete attached Vehicle Access Request form) ® No, vehicles will load/unload from nearby street or parking lot. 7 116 of 279 NPJ S.Litber Fence ❑ City to install litter fence ❑ Applicant to install litter fence ❑ N/A Breaking down set-up the day after the event? ■❑ Yes, breakdown will be the day after the. event. ► # of breakdown day(s) 6 days ❑ No, breakdown will occur on the event day. How are you handling clean-up? ❑ Using City crews ❑■ Using volunteer clean-up crew during and after event. ❑ Using professional cleaning company during and after event. Miscellaneous Please list anything important about your event not already asked on this application: Please make a copy of this application for your records. We do not provide copies. 8 117 of 279 Special Events Pre -Event Storm Water Compliance Checklist I. Special Event information Name of Special Event: Halloween Tyme LLC dba Halloween Express Event Address: 3030 Plaza Bonita Road Expected # of Attendees: Event Host/Coordinator: Phone Number: II. Storm Water Best Management Practices (BMPs) Review YES NO NIA I Will enough trash cans provided for the event? Proiride number of trash bins: 1 Will enough recycling bins provided for the event? Provide number of recycle bins: Will all portable toilets have secondary containment trays? (exceptions for ADA compliant portable toilets) 1/ Do all storm drains have screens to temporarily protect trash and debris from entering? Are spill cleanup kits readily available at designated spots? • * A Post -Event Storm Water Compliance Checklist will be completed by City Staff. 9 118 of 279 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. The insurance company issuing the insurance policy must have a A.M. Best's Guide Rating of A:VII and that the insurance company is a California admitted company; if not, then the insurance policy to the issuance of the permit for the event. The Certificate Holder must reflect: City of National City Risk Management Department 1243 National City Boulevard National City, CA 91950 Organization: Halloween Tyme LLC dba Halloween Express Person in Charge of Activity: Mathew Fahr Address: 784 Avenida Codorniz, San Marcos, CA, 92069 Telephone: 414-803-8989 Date(s) of Use: August 15, 2018 to Nov/n,2ef' HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity -#ken under the permit by the permittee or its agents, employees or contractors. • Signature of Applicant: Official Title: For Office se linty Certificate of insurance Approved 10 Date 119 of 279 HALLOWEEN EXPRES 373 PLAZA BONITA TENT - OUTSIDE LAYOUT MAGI'S / 'ENTRANCE dde ROAD €olds H �'� s� Lira OUTBACK side (ROAD sad* gle earth feet meters HALLOWEEN EXPRESS TENT LOCATION SOFT X 1 SOFT 8/15/18-11/10/18 100 400 121 of 279 LsiPAVJI no muiaval ,AJ 9'-I 1 (61 f 6-1 I I 1-- e-1I f I 0-- 1 6' r (11 STANDARD PORT-A-JON ;(f HANLNcAPPFDPORT-A-JON (11 WASH STATION I� ENTRANCE ot OUTBACK STEAKHOUSE TENT STRUCTURE GRID WALL 1 I-1 f f 1 I f f 11 i f L.�.J 1 8'ji.6' f I i I I —f I I I I T 1 1--- I -i. 6' , I -rl� 6'�H 1 f 6' f f -I I f f4-9' 6' I I f 4 f I I +� w • • 0 •• R �r FIRE EXTINGUISHER EXIT SIGN (BACKLIT W/ BATTERY BACK-UP) T • • • • 0 • • NO PARKING WITHIN 20FTOFTENT o © • • • • • • • • • o • • • �I wt, note: all EXIT suns need to be GREEN N'OPRNNG 18' 4 ■ • • • • • • • • • • • • • • • • • • • • • • • • 0 • HA LL O W E E N. EXRR ES S 15M X 45M CLEARSPAN STRUCTURE (ENTRANCE ON LONG 'SIDE) PLAZA BOiNITA MALL TENT • DRAWN BY: MMc: DATE: 03-07-2017 AR E® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDNYYY) 01/26/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ISU Davidson Insurance Group P.O. Box 2702 Olathe K5 66063 CONTACT Gene T Brake NAME: rPAHlCONN Exo. (913) 909-5432 FAX No): (913) 909-5432 ADDRESS: g.brake@davidsoninsurance.net INSURERS) AFFORDING COVERAGE NAIC # INSURERA: COVINGTON SPECIALTY INSURANCE COMPANY 13027 INSURED Halloween Tyme, LLC dba Halloween Express 784 Avenida Cordoniz San Marcos, CA 92069 INSURER B : HARTFORD ACCIDENT AND INDEMNITY CO. 22357 INSURER C: INSURER D : INSURER E : INSURER F : REVISION NUMBER: vTHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IICY NSR LTDDIYVYY) RINSD TYPE OF INSURANCE ADM SUER WYD POLICY NUMBER EFF (MMIDDIIYYYY) L EXP (MMIPOLICY L ITs A X COMMERCIAL GENERAL LIABILITY VBA583650 01/01/2018 01/01/2019 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GE hit AGGREGATE POLICY OTHER: LIMIT APPLIES PER: JECTT I 1 LOC PRODUCTS -COMPIOPAGG $ 2,000,000 $ AUTOMOBILE LIABILITY ^� SCHEDULED AUTOS NON -OWNED COMBINED SINGLE LIMIT (Ea acddent) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE {Per accident) $ $ - UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ j DED I RETENTIONS B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y!N Y NIA 57WECZT9765 01/01/2018 01/01/2019 3 X 4 SEATUTE ERH- E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE- EA EMPLOYE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS! LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) The City of National City, it's officials, agents and employees are Additional Insureds as respects to the General Liability as per written contract. Waiver of Subrogation in favor of the City of National City where allowed by state law. CERTIFICATE HOLDER CANCELLATION City of National City Rixk Management Department 1243 National City Blvd. National City CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 123 of 279 Release and Hold Harmless Agreement THE UNDERSIGNED HEREBY AGREES THAT: In consideration for Temporary Use Permit to erect a retail Halloween Tent in the shopping center commonly known as Westfield Plaza Bonita at 3030 Plaza Bonita Road in National City California, the undersigned, on behalf of itself and its next of kin and anyone claiming through the undersigned, hereby releases, and forever indemnifies and hold harmless the City of National City and its officials, employees, agents and volunteers from any and all damages, losses, claims, demands, liabilities, obligations, actions and causes whatsoever, whether known or unknown, whether liability be direct or indirect, liquidated or unliquidated, whether absolute or contingent, foreseen or unforeseen, suspected or unsuspected, anticipated or unanticipated, disclosed or undisclosed, and whether or not heretofore asserted, upon or by reason or as a result of the use of or access to the Premises from and after the date hereof regardless of how such injury may arise, regardless of who is at fault or whose negligence caused such injury. COMPANY: Halloween Tyme LLC, dba Halloween Express NAME: Mathew Fahr TITLE: Member ADDRESS: 784 Avenida Codorniz, San Marcos, California, 92069 TELEPHONE NUMBER: 414-803-8989 SIGNATURE: DATE: 2-8-2018 124 of 279 Westfield Piq Bonita 3090 Plaza Bonita Road Suite 20"15 San Diego, CA 91960 T (619) -2850. F (819):4 - 652 January 25, 2018 City of National City Attention; Vianey Rivera Neighborhood Services Division 1243 National City Boulevard National City, California 91950-4301 Re: Temporary Use Permit Halloween Express (Halloween Tyrne) — Westfield Plaza Bonita Dear Ms. Rivera I hereby authorize Mathew Fahr, acting as representative.of Halloween Tyrne, k1.C., to.operatora business known as Halloween Express in parking lot #,2 at Westfield Plaza Bonita during the dates of August 15, 2018 through November 10, 2018. Mathew Fahr has permission to install temporary power to pales in parking lot #2 to providepoorer during the temporary use time if adequate power is not already in Mathew Fahr will obtain all necessary permits from National City for occupancy at Westfield Plaza Bonita, Please fed free to call me if you have any questions at 619,267.2850. Sincerely, General Manager Westfield Plaza Bonita cc: retailers file 125 of 279 IL9WEN Halloween Tyme LLC. dba Halloween Express 784 Avenida. Codorniz San Marcos, CA 92069 T. 414-803-8989 F. 866-568-6655 Email. mmfahr@gmail.com Date: February 10, 2018 To: City of National City From: Halloween Tyme LLC Subject: Halloween Express Plan of Operation Halloween Express is excited to have the opportunity to enter into a tentative lease agreement with Westfield to set up a 50ft.by 1150ft. tent at their Plaza Bonita Mall, in the City of National City. This agreement is contingent on permitting. We are requesting that the City of National City, grant us a temporary use permit to allow the tent to be set-up from August 15th to November I Oth, 2018. Halloween Express's initial set up is a two week process. It includes permitting and inspection, hiring and training, coordination with tent delivery & set up team, fixture building, product inventory set up and new inventory delivery. These steps are all subject to a domino effect that requires each part of the process to start and complete before the next steps can be taken. At the end of the season, starting November 1St, Halloween Express has a three day 50 percent liquidation sale as well as three days of product inventory, fixture tear down and clean up. The final step is a two day tent tear down, therefore it is a eight day closing process. In order to enure the tent is successful and presents a wonderful seasonal attraction to the community, Halloween Express is committed to have great product selection and great customer service. We employ about 20 to 25 part time and full time employees that will be working to complete and run the tent throughout the season. We will be open daily in September from 10:00 a.m. to 9:00 p.m. and in October from 9:00 a.m. to 10:00 p.m.. Halloween Express will have significant product cost, fix cost and set up expenses. In order to retrieve our costs and be competitive in the area, we will need to be open throughout September and October. We would appreciate for the city to consider our application for Temporary use permit to set up a tent from August 15th to Nov 10th 2018. Sincerely Yours, Ma ew Fahr Halloween Tyme LLC 126 of 279 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: Halloween Express EVENT: Halloween Retail Tent DATE OF EVENT: August 30, 2018 to November 4, 2018 APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS ix ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] NEIGHBORHOOD SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: POLICE DEPARTMENT The Police Department has no stipulations. The on -duty patrol squad will provide extra patrol, calls for service permitting. CITY ATTORNEY Approved on conditions that Risk Manager approves. COMMUNITY SERVICES No involvement NEIGHBORHOOD SERVICES Neighborhood Notifications — Events are required to notify residents and/or businesses of the surrounding impacted areas by the event, The notice shall include the name of the event, name and phone number of the company/organization producing the event, the dates and times of the event (including set-up and breakdown) and a detailed description of how the residents and/or businesses may be affected, such as by street closures, "No Parking" signs being posted, music at the event, etc. 127 of 279 DEVELOPMENT SERVICES (619) 336-4318 Building We will need the applicant to submit a plan (30" X 24") that will show more details regarding their operations. Listed below is what will be required. o Provide an occupant load based on the 2016 California Building Code. • Provide details and elevations for the cash wrap as per the 2016 California Building Code. it must meet accessibility code requirements. • Provide accessible parking and path of travel from parking area to the front entrance. Include details for signage, path of travel marking on the ground etc. o Provide details as to how you will acquire lighting to the tent. include how wiring will be supported and routed within the tent as per the 2016 California Electrical Code. Provide details for the dressing rooms. Include dimensions, heights and locations of rooms, doors, mirrors, benches and include accessible dressing rooms. Provide all dimension as required per the 2016 California Building Code. • Provide dimensions of the tent on your drawing. Include a site plan showing where the tent is located within the mall. • Include calculation for the number of restrooms and hand wash stations that will be required as per the 2016 California Plumbing Code. Include the number of accessible restrooms and hand wash stations that will be required as per the 2016 California Building Code. Provide the size of the entrance and exits to this event. Provide details as to how your exit signs will be illuminated. • Provide the size and height of the storage racks if they are to be used at this location. Include anchoring of the racks if they are to be installed. A fee of $118.00 per hour will be charged for the plan review Planning No comments Engineering No comments 128 of 279 RISK MANAGER (619) 336-4370 Risk Management has reviewed the above captioned request for the issuance of a Temporary Use Permit. In as much as the event will held solely on private property there will be no additional insurance requirements necessary for the issuance of the permit. PUBLIC WORKS (619)366-4580 No involvement FINANCE Halloween Express will need to renew their business license. FIRE (619) 336-4550 $400.00 TENT FEE Stipulations required by the Fire Department for this event are as follows: 1) Access to the area to be maintained at all times, entrances and emergency roadways 2) Fire Department access into and through event areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches 3) Fire Hydrants shall not be blocked or obstructed 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s) 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s) 129 of 279 6) If tents or canopies are used, the following information shall apply: • Tents having an area from 0-200 square feet shall be $200.00 • Tents having an area more than 201 square feet shall be $400.00 • Canopies having an area from 0-400 square feet she be no charge. • Canopies from 401-500 square feet shall be $250.00. • Canopies from 501-600 square feet shall be $300.00, • Canopies from $601,00 or greater shall be $400.00. • Multiple tents and or canopies placed together equaling or greater than the above stated information shall be charged accordi:igly. • Tents shall be flame-retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Fees can only be waived by the City Council. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained 7) A tent shall not be located within 20 feet of lot lines, buildings, other tents, canopies or membrane structures, parked vehicles or internal combustion engines. For the purpose of determining required distances, support ropes and guy wires shall be considered as part of the temporary membrane structure, tent or canopy. 6) Provide a minimum of 2A:10BC fire extinguishers inside tent area. Extinguisher to be mounted in a visible location between 3Wto 5' from the floor to the top of the extinguisher (See Attached). Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. A sign describing location of extinguisher (Fire Extinguisher) shall be placed immediately above the fire extinguisher 9) Exit openings from tents shall remain open and identified unless covered by a flame —resistant curtain. The curtain shall comply with the following: 6 Curtains shall be free sliding on a metal support. The support shall be a minimum of 60 inches above the floor level at the exit. Then curtains shall be so arranged that, when open, no part of the curtain obstructs the exit Curtains shall be of a color, or colors, that contrast with the color of the tent 10) In public tent areas, smooth surfaced, unobstructed aisles having a minimum width of not less than 44 inches sha!! be provided from seating areas, ?nri aisles shall be progressively increased in width to provide, at all points, not less than 1 foot of isles width for each 50 persons served by such aisles at the point 11) The arrangement of aisies shall be subject to approval by the fire code official and shall be maintained clear at all times during occupancy 130 of 279 12) All chairs used for seating inside tent shall be secured to one another using approved chair binding methods 13) Exits shall be clearly marked. Exit signs shall be installed at required exit doorways and where otherwise necessary to indicate clearly the direction of egress when the exit serves and occupant of 50 or more 14) Exit signs shall be GREEN in color and shall be of an approved self-lumination type or shall be internally or externally illuminated by luminaries supplied in the following manner: Two separate circuits, one of which shall be separated from all other circuits, for occupant loads of 300 or less 15) Means of egress shall be illuminated with light (Bug Eyes) having an intensity of not less than 1 foot-candle at the floor level while the structure is occupied. Fixtures required for means of egress illumination shall be supplied from a separate circuit or source of power 16) Exits, aisles and passageways shall not be blocked, locked or otherwise obstructed, and shall have their minimum clear width available at all times 17) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. Consult building official for requirements and inspection of electrical 18) Vehicles shall be isolated from contact with the tents or canopies, Vehicles shall be at least 20 feet away from tents or canopies 19) Every room or space, shall have the occupant load of the tent or space posted in a conspicuous place, near the main exit or exit access doorway from the room or space. Posted signs shall be of an approved legible permanent design and shall be maintained by the owner or authorized agent. The maximum occupant load of this space shall be based on room set-up and items placed inside tents or canopies. The maximum occupancy load shall posted by the Building or Fire Official based on room configuration. At no time shall the owner or agent allow the posted occupant load to be exceeded. Occupant load sign shall be clearly visible at all times 20) Smoking shall not be permitted in tents, canopies or membrane structures. Approved "No Smoking" signs shall be conspicuously posted 21) Spot or effect lighting shall only be by electricity, and all combustibles construction located within 6 feet of such equipment shall be protected with approved noncombustible insulation not less than 9.25 inches thick 131 of 279 22) There shall be a minimum clearance of at least 3 feet between the fabric envelope and all contents located inside the tent structure 23) The floor surface inside tents and canopy structures and grounds outside and within a 30-foot perimeter shall be kept clear of combustible waste. Such waste shall be stored in approved containers until removed from the premises. Combustible waste shall be removed from the structure as necessary and daily to meet code 24) A fire safety inspection isto be conducted by the Fire Department prior to operations of the event 26) Please contact the National City Fire Department to arrange a time for inspection. Periodic inspections wiii be conducted by the Fire Department for this event. 26) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of two hundred ($200.00) dollars. 27) Fire Department fees can only be waived by City Council 132 of 279 CC/CDC-HA Agenda 3/20/2018 — Page 133 The following page(s) contain the backup material for Agenda Item: Investment transactions for the month ended January 31, 2018. (Finance) 133 of 279 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 20, 2018 AGENDA ITEM NO.: ITEM TITLE: Investment transactions for the month ended January 31, 2018. PREPARED BY: Ronald Gutlay/RG DEPARTMENT: Finance PHONE: 619-336-4346 APPROVED BY: Li'07A Xt. EXPLANATION: In accordance with California Government Code Section 53646 and City of National City's investment policy section XIIA, a monthly report shall be submitted to the legislative body accounting for transactions made during the reporting period. The attached listing reflects investment transactions of the City of National City's investment portfolio for the month ending January 31, 2018. FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: `i'*R a,t FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Accept and file the Investment Transaction Ledger for the month ended January 31, 2018. BOARD / COMMISSION RECOMMENDATION: NA ATTACHMENTS: Investment Transaction Ledger 134 of 279 City of National City Consolidated Account #10218 Transaction Ledger 12/31/17 Thru 1/31/18 Transaction Settlement Acq/Disp Type Date CUSIP Quantity Security Description Price Yield Amount Interest Pur/Sold Total Amount Gain/Loss ACQUISITIONS Purchase 01/01/2018 60934N807 Purchase 01/03/2018 60934N807 Purchase 01/12/2018 60934N807 Purchase 01/12/2018 60934N807 Purchase 01/13/2018 60934N807 Purchase 01/15/2018 60934N807 Purchase 01/15/2018 90LAIF$00 Purchase 01/16/2018 60934N807 Purchase 01/16/2018 60934N807 Purchase 01/16/2018 60934N807 Purchase 01/16/2018 60934N807 Purchase 01/16/2018 60934N807 Purchase 01/18/2018 60934N807 Purchase 01/19/2018 3137EAEK1 2,300.00 Federated Investors Govt Oblig Fund Inst. 96.90 Federated Investors Govt Oblig Fund Inst. 1,837.50 Federated Investors Govt Oblig Fund Inst. 490,000.00 Federated Investors Govt Oblig Fund Inst. 6,828.13 Federated Investors Govt Oblig Fund Inst. 3,600.00 Federated Investors Govt Oblig Fund Inst. 72,576.53 Local Agency Investment Fund State Pool 2,025.00 Federated Investors Govt Oblig Fund Inst. 870,000.00 Federated Investors Govt Oblig Fund Inst. 225.25 Federated Investors Govt Oblig Fund Inst. 663.00 Federated Investors Govt Oblig Fund Inst. 658.33 Federated Investors Govt Oblig Fund Inst. 196.25 Federated Investors Govt Oblig Fund Inst. 600,000.00 FHLMC Note 1.875% Due 11/17/2020 1.000 0.92 % 2,300.00 0.00 2,300.00 0.00 1.000 0.92 % 96.90 0.00 96.90 0.00 1.000 0.92 % 1,837.50 0.00 1,837.50 0.00 1.000 0.92 % 490,000.00 0.00 490,000.00 0.00 1.000 0.92 % 6,828.13 0.00 6,828.13 0.00 1.000 0.92 % 3,600.00 0.00 3,600.00 0.00 1.000 1.28 % 72,576.53 0.00 72,576.53 0.00 1.000 0.92 % 2,025.00 0.00 2,025.00 0.00 1.000 0.92 % 870,000.00 0.00 870,000.00 0.00 1.000 0.92 % 225.25 0.00 225.25 0.00 1.000 0.92 % 663.00 0.00 663.00 0.00 1.000 0.92 % 658.33 0.00 658.33 0.00 1.000 0.92 % 196.25 0.00 196.25 0.00 99.130 2.19 % 594,780.00 2,000.00 596,780.00 0.00 Purchase 01/20/2018 60934N807 2,531.25 Federated Investors Govt Oblig Fund Inst. 1.000 0.92 % 2,531.25 0.00 2,531.25 0.00 Purchase 01/23/2018 60934N807 4,500.00 Federated Investors Govt Oblig Fund Inst. 1.000 0.92 % 4,500.00 0.00 4,500.00 0.00 Purchase 01/26/2018 45950KCM0 500,000.00 International Finance Corp Note 99.716 2.35 % 498,580.00 31.25 498,611.25 0.00 2.25% Due 1/25/2021 Purchase 01/29/2018 60934N807 4,700.00 Federated Investors Govt Oblig Fund Inst. 1.000 0.92 % 4,700.00 0.00 4,700.00 0.00 Purchase 01/31/2018 60934N807 7,618.75 Federated Investors Govt Oblig Fund Inst. 1.000 0.95 % 7,618.75 0.00 7,618.75 0.00 Purchase 01/31/2018 89238BAB8 265,000.00 Toyota Auto Receivables Owner 2018-A 99.990 2.12 % 264,972.92 0.00 264,972.92 0.00 A2A 2.1 % Due 10/15/2020 Subtotal 2,835,356.89 2,828,689.81 2,031.25 2,830,721.06 0.00 Security 01/23/2018 90LAIF$00 6,500,000.00 Local Agency Investment Fund State Pool 1.000 6,500,000.00 0.00 6,500,000.00 0.00 Contribution Security 01/30/2018 90LAIF$00 1,500,000.00 Local Agency Investment Fund State Pool 1.000 1,500,000.00 0.00 1,500,000.00 0.00 Contribution Chandler Asset Management 135 of 279 Execution Time: 2/22/2018 12:57:40 PM City of National City Consolidated Account #10218 Transaction Ledger 12/31/17 Thru 1/31/18 Transaction Settlement Acq/Disp Type Date CUSIP Quantity Security Description Price Yield Amount Interest Pur/Sold Total Amount Gain/Loss ACQUISITIONS Security Contribution 01/31/2018 90SDCP$00 Subtotal 45,000.00 County of San Diego Pooled Investment Pool 8,045,000.00 1.000 45,000.00 0.00 8,045,000.00 0.00 45,000.00 0.00 8,045,000.00 0.00 TOTAL ACQUISITIONS 10,880,356.89 10,873,689.81 2,031.25 10,875,721.06 0.00 DISPOSITIONS Sale Sale Sale Paydown Paydown Paydown Paydown Maturity Maturity Maturity 01/19/2018 60934N807 596,780.00 Federated Investors Govt Oblig Fund Inst. 1.000 0.92 % 596,780.00 0.00 596,780.00 0.00 01/26/2018 60934N807 498,611.25 Federated Investors Govt Oblig Fund Inst. 1.000 0.92 % 498,611.25 0.00 498,611.25 0.00 01/31/2018 60934N807 264,972.92 Federated Investors Govt Oblig Fund Inst. 1.000 0.95 % 264,972.92 0.00 264,972.92 0.00 Subtotal 1,360,364.17 1,360,364.17 0.00 1,360,364.17 0.00 01/16/2018 47788BAB0 0.00 John Deere Owner Trust 2017-B A2A 100.000 0.00 225.25 225.25 0.00 1.59% Due 4/15/2020 01/16/2018 65478GAB6 0.00 Nissan Auto Receivables Owner 2017-B 100.000 0.00 663.00 663.00 0.00 A2A 1.56% Due 5/15/2020 01/16/2018 89237RAB4 0.00 Toyota Auto Receivable 2017-C A2A 100.000 0.00 658.33 658.33 0.00 1.58% Due 7/15/2020 01/18/2018 43814PAB6 0.00 Honda Auto Receivables Owner T 17-3 A2 100.000 0.00 196.25 196.25 0.00 1.57% Due 1/21/2020 Subtotal 0.00 0.00 1,742.83 1,742.83 0.00 01/12/2018 3137EADN6 490,000.00 FHLMC Note 100.000 490,000.00 0.00 490,000.00 9,045.41 0.75% Due 1/12/2018 01/16/2018 36164KAG6 600,000.00 GE Capital Treasury LLC Discount CP 99.350 596,100.00 3,900.00 600,000.00 0.00 1.3% Due 1/16/2018 01/16/2018 94974BFG0 270,000.00 Wells Fargo Corp Note 100.000 270,000.00 0.00 270,000.00 634.50 1.5% Due 1/16/2018 Subtotal 1,360,000.00 1,356,100.00 3,900.00 1,360,000.00 9,679.91 Chandler Asset Management 136 of 279 Execution Time: 2/22/2018 12:57:40 PM City of National City Consolidated Account #10218 Transaction Ledger 12/31/17 Thru 1/31/18 Transaction Settlement Acq/Disp Type Date CUSIP Quantity Security Description Price Yield Amount Interest Pur/Sold Total Amount Gain/Loss DISPOSITIONS Security Withdrawal 01/05/2018 60934N807 Subtotal 2,151.67 Federated Investors Govt Oblig Fund Inst. 2,151.67 1.000 2,151.67 0.00 2,151.67 0.00 2,151.67 0.00 2,151.67 0.00 TOTAL DISPOSITIONS 2,722,515.84 2,718,615.84 5,642.83 2,724,258.67 9,679.91 OTHER TRANSACTIONS Interest 01/01/2018 3133EFW52 Interest 01/12/2018 3137EADN6 Interest 01/13/2018 3137EADB2 Interest 01/15/2018 912828543 Interest 01/15/2018 912828XK1 Interest 01/16/2018 94974BFG0 Interest 01/20/2018 3135G0E33 Interest 01/23/2018 46625HKA7 Interest 01/29/2018 91159HHL7 Interest 01/31/2018 912828SD3 Interest 01/31/2018 912828TH3 Interest 01/31/2018 912828UL2 Subtotal Dividend 01/03/2018 60934N807 400,000.00 FFCB Note 0.000 2,300.00 1.15% Due 7/1/2019 490,000.00 FHLMC Note 0.000 1,837.50 0.75% Due 1/12/2018 575,000.00 FHLMC Note 0.000 6,828.13 2.375% Due 1/13/2022 435,000.00 US Treasury Note 0.000 1,631.25 0.75% Due 7/15/2019 450,000.00 US Treasury Note 0.000 1,968.75 0.875% Due 7/15/2018 270,000.00 Wells Fargo Corp Note 0.000 2,025.00 1.5% Due 1/16/2018 450,000.00 FNMA Note 0.000 2,531.25 1.125% Due 7/20/2018 400,000.00 JP Morgan Chase Callable Note Cont 0.000 4,500.00 12/23/2019 2.25% Due 1/23/2020 400,000.00 US Bancorp Callable Note 1 X 12/29/2020 0.000 2.35% Due 1/29/2021 400,000.00 US Treasury Note 0.000 1.25% Due 1/31/2019 400,000.00 US Treasury Note 0.000 0.875% Due 7/31/2019 490,000.00 US Treasury Note 0.000 1.375% Due 1/31/2020 5,160,000.00 21,519.94 Federated Investors Govt Oblig Fund Inst. 0.000 4,700.00 2,500.00 1,750.00 3,368.75 35,940.63 0.00 2,300.00 0.00 0.00 1,837.50 0.00 0.00 6,828.13 0.00 0.00 1,631.25 0.00 0.00 1,968.75 0.00 0.00 2,025.00 0.00 0.00 2,531.25 0.00 0.00 4,500.00 0.00 0.00 4,700.00 0.00 0.00 2,500.00 0.00 0.00 1,750.00 0.00 0.00 3,368.75 0.00 0.00 35,940.63 0.00 96.90 0.00 96.90 0.00 Chandler Asset Management 137 of 279 Execution Time: 2/22/2018 12:57:40 PM City of National City Consolidated Account #10218 Transaction Ledger 12/31/17 Thru 1/31/18 Transaction Settlement Acq/Disp Type Date CUSIP Quantity Security Description Price Yield Amount Interest Pur/Sold Total Amount Gain/Loss OTHER TRANSACTIONS Dividend 01/15/2018 90LAIF$00 2,204,384,363.3 Local Agency Investment Fund State Pool 0.000 6 Subtotal 2,204,405,883.3 0 72,576.53 72,673.43 0.00 72,576.53 0.00 0.00 72,673.43 0.00 TOTAL OTHER TRANSACTIONS 2,209,565,883.3 0 108,614.06 0.00 108,614.06 0.00 Chandler Asset Management 138 of 279 Execution Time: 2/22/2018 12:57:40 PM CC/CDC-HA Agenda 3/20/2018 — Page 139 The following page(s) contain the backup material for Agenda Item: Warrant Register #32 for the period of 01/31/18 through 02/06/18 in the amount of $1,302,905.92. (Finance) 139 of 279 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 20, 2018 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #32 for the period of 01/31/18 through 02/06/18 in the amount of $1,302,905.92. (Finance) PREPARED BY:Karla Apalategui, Accounting Assistant PHONE: 619-336-4572 DEPARTMENT: Finance APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 01/31/18 through 02/06/18. Consistent with Department of Finance, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Kaiser Foundation HP Kaiser Foundation HP Health Net Inc Health Net Inc Public Emp Ret System Public Emp Ret System 332753 332754 332898 332900 2022018 2022018 191,760.14 180,981.70 87,000.90 84,378.62 236,622.03 232,439.69 Kaiser Ins Active Feb 2018 Kaiser Ins Active Jan 2018 Health Net Ins R1192A Feb 2018 Health Net Ins R1192A Jan 2018 Service Period 01/02/18 — 01/15/18 Service Period 11 /21 /17 — 12/04/17 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $1,302,905.92. APPROVED: �� FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Ratify warrants totaling $1,302,905.92 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register #32 14n of 97Q CALIFORNIA F__ 1/4 PAYEE MACHADO, R CAPF CAPF CALIFORNIA LAW ENFORCEMENT CALIFORNIA LAW ENFORCEMENT HEALTH NET HEALTH NET HEALTH NET HEALTH NET HEALTH NET KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS VISION SERVICE PLAN AAIR PURIFICATION SYSTEMS DTSC ALDEMCO ALL FRESH PRODUCTS ALPHA PROJECT FOR THE HOMELESS BEHAVIOR ANALYSIS BOOT WORLD CIRCULATE SAN DIEGO CITY OF SAN DIEGO CLEAN HARBORS ENVIRONMENTAL COLANTUONO HIGHSMITH COLANTUONO HIGHSMITH COX COMMUNICATIONS CSA SAN DIEGO COUNTY CV VENTURES LLC DANIELS TIRE SERVICE DELGADO, E EAGLE PAVING COMPANY INC FEDEX FLEET SERVICES INC FLYERS ENERGY LLC FUN EXPRESS LLC GALE SAFLAR HARRIS & ASSOCIATES INC HILLTOP SECURITIES INC HINDERLITER DE LLAMAS INTERNATIONAL CODE COUNCIL IXII GROUP INC KRONOS INC LASER SAVER INC LIEBERT CASSIDY WHITMORE LIEBERT CASSIDY WHITMORE LIFE ASSIST INC LONG, D LOPEZ, J -M'IO-..'`5L law 1141CORPQRAT813 • WARRANT REGISTER #32 2/6/2018 DESCRIPTION TRAINING ADV LODGE SUB/MACHADO/PD FIRE LTD JANUARY 2018 FIRE LTD FEBRUARY 2018 PD LTD JANUARY 2018 PD LTD FEBRUARY 2018 HEALTH NET OCT 2017 THROUGH FEB 2018 HEALTH NET INS N7176F FEB 2018 HEALTH NET INS N7176F JANUARY 2018 HEALTHNET INS N7177A FEBRUARY 2018 HEALTHNET INS N7177A JANUARY 2018 KAISER INSURANCE ACTIVE FEBRUARY 2018 KAISER INSURANCE ACTIVE JANUARY 2018 KAISER HD H S A INS FEBRUARY 2018 KAISER HD H S A INS JANUARY 2018 VISION SERVICE PLAN (CA) JAN 2017 ADAPTER, GRABBER/PW DEPARTMENT OF TOXIC SUBSTANCES CONTROL FOOD / NUTRITION CENTER FOOD / NUTRITION CENTER ALPHA HOMELESS PROJECT / OCTOBER 332762 TRAINING TUITION INVESTIGATIVE INTERVIEW / PD 332763 MOP# 64096. BOOTS FOR STAFF / NSD 332764 ACTIVE TRANSPORTATION P. PROJECT 332765 TRANSPORTATION/TREATMENT FEES FY 2018 332766 HOUSEHOLD HAZARDOUS WASTE PICKUP 332767 LIABILITY CLAIM COST 332768 LIABILITY CLAIM COST 332769 COX DATA SERVICES FOR JANUARY 2018 332770 EXPENDITURE REIMBURSEMENT 11/2017/HOUSING 332771 CONTRACT SERVICES DUCK POND TIRES FOR CITY FLEET FOR FY 2018 REIMBURSEMENT FOR CPRS CITYWIDE PEDESTRIAN MIDBLOCK PACKAGE FOR DELIVERY/HOUSING DRUM, CORE, BRAKE KIT / PW 113937 MOBIL SUPER SYNTHETIC OIL 5W 30 HOLIDAY CRAFTS FOR TINY TOTS PROGRAM/CSD REFUND OF T&A 90240 - ENG T&A#90203 2510 J AVE REIMBURSEMENT FOR FEE DUPLICATE PMT MARKET ANALYTICS PREPARATION/HOUSING & E ELECTRICAL CODE HANDBOOK TRAINING TUITION DISPATCH BULLYING / PD WORKFORCE TELESTAFF GLOBAL ACCESS V6 MOP 45725 CHARGES, BUILDING LIABILITY CLAIM COST LIABILITY CLAIM COST EMT3 6 BAY RIBBON DISPENSER / FIRE TRAINING REIM STAGE NEG / PD REIMBURSEME 141 of 279 )R MEETINGS CHK NO DATE AMOUNT 332743 2/5/18 99.00 332744 2/6/18 931.00 332745 2/6/18 931.00 332746 2/6/18 2,082.50 332747 2/6/18 2,058.00 332748 2/6/18 3,213.64 332749 2/6/18 1,522.34 332750 2/6/18 1,470.86 332751 2/6/18 1,181.18 332752 2/6/18 1,141.24 332753 2/6/18 191,760.14 332754 2/6/18 180,981.70 332755 2/6/18 4,429.72 332756 2/6/18 4,178.86 332757 2/6/18 692.42 332758 2/6/18 734.68 332759 2/6/18 2,499.88 332760 2/6/18 2,992.05 332761 2/6/18 1,647.48 2/6/18 7,764.64 2/6/18 481.00 2/6/18 116.89 2/6/18 1,038.91 2/6/18 990.02 2/6/18 366.00 2/6/18 127.63 2/6/18 5.06 2/6/18 174.00 2/6/18 21,851.86 332772 2/6/18 10,636.86 332773 2/6/18 445.36 332774 2/6/18 290.00 332775 2/6/18 21,651.11 332776 2/6/18 87.94 332777 2/6/18 893.27 332778 2/6/18 1,169.55 332779 2/6/18 202.83 332780 2/6/18 932.56 332781 2/6/18 2,508.00 332782 2/6/18 5,000.00 332783 2/6/18 5,000.00 332784 2/6/18 291.35 332785 2/6/18 99.00 332786 2/6/18 5,468.75 332787 2/6/18 179.27 332788 2/6/18 17,730.00 332789 2/6/18 2,444.60 332790 2/6/18 390.16 332791 2/6/18 462.91 332792 2/6/18 35.64 CALIFO RNIA F__ 2/4 PAYEE MICHAEL BAKER INTERNATIONAL PADRE JANITORIAL SUPPLIES PRO BUILD PRO -EDGE KNIFE PSTC RIVERSIDE SHERIFF'S DEPT SAN DIEGO GAS & ELECTRIC SAN DIEGO MIRAMAR COLLEGE SAN DIEGO UNION TRIBUNE SASE COMPANY INC SDG&E SEAPORT MEAT COMPANY SLADE, J SOUTH BAY COMMUNITY SERVICES SOUTH COAST EMERGENCY SPARKLETTS STAPLES BUSINESS ADVANTAGE SUPERIOR READY MIX SWEETWATER AUTHORITY SWEETWATER AUTHORITY SYSCO SAN DIEGO INC THE HOME DEPOT CREDIT SERVICES U S BANK VALLEY POWER SYSTEMS INC VERIZON WIRELESS WEST COAST ARBORISTS INC WEST MARINE PRODUCTS INC WILLDAN FINANCIAL SERVICES WILLY'S ELECTRONIC SUPPLY ACEDO, I ANDERSON, E BEARD, P BECK, L BISHOP, R BOEGLER, C BULL, P CARRILLO, R COLE, L COLLINSON, C CONDON, D CORDERO, E CORPUZ, T DANESHFAR, Z DESROCHERS, P DI CERCHIO, A DIAZ, M DILLARD, S DREDGE, J EISER III, G FABINSKI, D -M'IO-..'`5L law rNCO R P QR AT8D • WARRANT REGISTER #32 2/6/2018 DESCRIPTION LAS PALMAS PROJECT JANITORIAL SUPPLIES / NUTRITION MOP# 45707. PAINT SUPPLIES/ NSD KNIFE SHARPING SERVICE / NUTRITION TRAINING TUITION HIGH RISK EVENTS/ PD TRAINING TUITION FIREARMS INSTRUCTOR/ PD GAS & ELECTRIC UTILITIES / NUTRITION TRAINING TUITION BASIC TC INV./ ACEVEDO / PD PUBLIC NOTICES - UNION TRIBUNE VACUUM BAG BOX STREETS DIVISION GAS & ELECTRIC UTILITIES FOOD / NUTRITION CENTER REIMBURSEMENT - MILEAGE FOR MEETINGS REIMBURSEMENT CLAIM/ HOUSING & ECON DVLPM 332806 COOLANT, WIRE GAUGE, CONNECTORS / PW 332807 WATER SERVICES / JULY 2017 332808 MOP 45704 OFFICE SUPPLIES/ENG 332810 COLD MIX ASPHALTS,TACK OIL, 3/8 SHEET PARKS DIVISION WATER UTILITIES WATER UTILITIES - 500 E PLAZA BLVD. FOOD / NUTRITION CENTER LED LIGHTS FOR A KIMBALL HOLIDAY/CSD CREDIT CARD EXPENSES / FIRE DIAGNOSE CHECK ENGINE LIGHT ON FIRE VERIZON CELLULAR SERVICE FOR JANUARY 201 TREE PRUNING, TRIMMING & REMOVAL / PW CARABINERS FOR AQUATIC CENTER / CSD FEE STUDY / FIRE MOP #45763/ELECTRONIC SUPPLIES/MIS RETIREE HEALTH BENEFIT /FEB 2018 RETIREE HEALTH BENEFIT / FEB 2018 RETIREE HEALTH BENEFIT / FEB 2018 RETIREE HEALTH BENEFIT / FEB 2018 RETIREE HEALTH BENEFIT / FEB 2018 RETIREE HEALTH BENEFIT / FEB 2018 RETIREE HEALTH BENEFIT / FEB 2018 RETIREE HEALTH BENEFIT / FEB 2018 RETIREE HEALTH BENEFIT / FEB 2018 RETIREE HEALTH BENEFIT / FEB 2018 RETIREE HEALTH BENEFIT / FEB 2018 RETIREE HEALTH BENEFIT / FEB 2018 RETIREE HEALTH BENEFIT / FEB 2018 RETIREE HEALTH BENEFIT / FEB 2018 RETIREE HEALTH BENEFIT / FEB 2018 RETIREE HEALTH BENEFIT / FEB 2018 RETIREE HEALTH BENEFIT / FEB 2018 RETIREE HEALTH BENEFIT / FEB 2018 RETIREE HEALTH BENEFIT / FEB 2018 RETIREE HEAL! 3 2018 RETIREE HEAL! 142 of 279 3 2018 CHK NO DATE AMOUNT 332793 2/6/18 765.00 332794 2/6/18 784.27 332795 2/6/18 142.89 332796 2/6/18 46.00 332797 2/6/18 110.00 332798 2/6/18 624.00 332799 2/6/18 1,619.85 332800 2/6/18 138.00 332801 2/6/18 1,174.60 332802 2/6/18 128.33 332803 2/6/18 2,492.24 332804 2/6/18 1,334.40 332805 2/6/18 35.64 2/6/18 10,081.26 2/6/18 1,485.62 2/6/18 12.00 2/6/18 4,773.53 332811 2/6/18 135.55 332812 2/6/18 7,370.08 332813 2/6/18 27.54 332814 2/6/18 4,141.13 332815 2/6/18 452.14 332816 2/6/18 7,774.04 332817 2/6/18 186.00 332818 2/6/18 10,302.87 332819 2/6/18 13,900.00 332820 2/6/18 96.86 332821 2/6/18 732.50 332822 2/6/18 93.83 332823 2/6/18 160.00 332824 2/6/18 110.00 332825 2/6/18 70.00 332826 2/6/18 140.00 332827 2/6/18 110.00 332828 2/6/18 260.00 332829 2/6/18 580.00 332830 2/6/18 290.00 332831 2/6/18 165.00 332832 2/6/18 420.00 332833 2/6/18 280.00 332834 2/6/18 520.00 332835 2/6/18 140.00 332836 2/6/18 250.00 332837 2/6/18 110.00 332838 2/6/18 70.00 332839 2/6/18 680.00 332840 2/6/18 480.00 332841 2/6/18 250.00 332842 2/6/18 250.00 332843 2/6/18 220.00 3/4 CALIFO RNIA F__ NisknoNAL law rNCO R P QR AT8D • WARRANT REGISTER #32 2/6/2018 PAYEE DESCRIPTION CHK NO DATE AMOUNT FERNANDEZ, R RETIREE HEALTH BENEFIT / JAN 2018 332844 2/6/18 540.00 FIFIELD, K RETIREE HEALTH BENEFIT /FEB 2018 332845 2/6/18 540.00 GELSKEY, K RETIREE HEALTH BENEFIT / FEB 2018 332846 2/6/18 115.00 GIBBS JR, R RETIREE HEALTH BENEFIT / FEB 2018 332847 2/6/18 120.00 GISH, J RETIREE HEALTH BENEFIT / FEB 2018 332848 2/6/18 290.00 GONZALES, M RETIREE HEALTH BENEFIT / FEB 2018 332849 2/6/18 480.00 HANSON, E RETIREE HEALTH BENEFIT / FEB 2018 332850 2/6/18 135.00 HARLAN, M RETIREE HEALTH BENEFIT / FEB 2018 332851 2/6/18 500.00 HAUG, S RETIREE HEALTH BENEFIT / FEB 2018 332852 2/6/18 120.00 HERNANDEZ, R RETIREE HEALTH BENEFIT / FEB 2018 332853 2/6/18 400.00 HODGES, B RETIREE HEALTH BENEFIT / FEB 2018 332854 2/6/18 200.00 HONDO, E RETIREE HEALTH BENEFIT / FEB 2018 332855 2/6/18 110.00 IBARRA, J RETIREE HEALTH BENEFIT / FEB 2018 332856 2/6/18 780.00 JAMES, R RETIREE HEALTH BENEFIT / FEB 2018 332857 2/6/18 140.00 JUNIEL, R RETIREE HEALTH BENEFIT / FEB 2018 332858 2/6/18 50.00 KIMBLE, R RETIREE HEALTH BENEFIT / FEB 2018 332859 2/6/18 300.00 LANDA, A RETIREE HEALTH BENEFIT / FEB 2018 332860 2/6/18 155.00 LIMFUECO, M RETIREE HEALTH BENEFIT / FEB 2018 332861 2/6/18 160.00 MATIENZO, M RETIREE HEALTH BENEFIT / FEB 2018 332862 2/6/18 100.00 MC CABE, T RETIREE HEALTH BENEFIT / FEB 2018 332863 2/6/18 280.00 MCDANIEL, P RETIREE HEALTH BENEFIT / FEB 2018 332864 2/6/18 290.00 MEDINA, R RETIREE HEALTH BENEFIT / FEB 2018 332865 2/6/18 105.00 MINER, D RETIREE HEALTH BENEFIT / FEB 2018 332866 2/6/18 580.00 NOTEWARE, D RETIREE HEALTH BENEFIT / FEB 2018 332867 2/6/18 120.00 OLIVARES, G RETIREE HEALTH BENEFIT / FEB 2018 332868 2/6/18 280.00 PAUU JR, P RETIREE HEALTH BENEFIT / FEB 2018 332869 2/6/18 340.00 PEASE JR, D RETIREE HEALTH BENEFIT / FEB 2018 332870 2/6/18 140.00 PETERS, S RETIREE HEALTH BENEFIT / FEB 2018 332871 2/6/18 290.00 POST, R RETIREE HEALTH BENEFIT / FEB 2018 332872 2/6/18 280.00 RAY, S RETIREE HEALTH BENEFIT / FEB 2018 332873 2/6/18 190.00 ROARK, L RETIREE HEALTH BENEFIT / FEB 2018 332874 2/6/18 135.00 RUIZ, J RETIREE HEALTH BENEFIT / FEB 2018 332875 2/6/18 310.00 SANCHEZ, L RETIREE HEALTH BENEFIT / FEB 2018 332876 2/6/18 330.00 SERVATIUS, J RETIREE HEALTH BENEFIT / FEB 2018 332877 2/6/18 340.00 SHORT, C RETIREE HEALTH BENEFIT / FEB 2018 332878 2/6/18 300.00 SMITH, J RETIREE HEALTH BENEFIT / FEB 2018 332879 2/6/18 320.00 STEWART, W RETIREE HEALTH BENEFIT / FEB 2018 332880 2/6/18 200.00 STRASEN, W RETIREE HEALTH BENEFIT / FEB 2018 332881 2/6/18 135.00 TIPTON, B RETIREE HEALTH BENEFIT / FEB 2018 332882 2/6/18 250.00 VERRY, L RETIREE HEALTH BENEFIT / FEB 2018 332883 2/6/18 280.00 VILLAGOMEZ, J RETIREE HEALTH BENEFIT / FEB 2018 332884 2/6/18 480.00 WHITE, J RETIREE HEALTH BENEFIT / FEB 2018 332885 2/6/18 230.00 DELTA DENTAL DENTAL INS PREMIER FEB 2018 332886 2/6/18 15,489.25 DELTA DENTAL DENTAL INS PREMIER JAN 2018 332887 2/6/18 15,466.64 DELTA DENTAL COBRA PREMIER DENTAL INS OCT 2017 332888 2/6/18 180.88 DELTA DENTAL COBRA PREMIER DENTAL INS JAN 2018 332889 2/6/18 90.44 DELTA DENTAL COBRA PREMIER DENTAL INS FEB 2018 332890 2/6/18 90.44 DELTA DENTAL COBRA PREMIER DENTAL INS NOV 2017 332891 2/6/18 90.44 DELTA DENTAL INSURANCE CO PMI DENTAL IN 332892 2/6/18 2,933.70 143 of 279 DELTA DENTAL INSURANCE CO PMI DENTAL IN 332893 2/6/18 2,878.26 4/4 PAYEE DELTA DENTAL INSURANCE CO DELTA DENTAL INSURANCE CO DELTA DENTAL INSURANCE CO HEALTH NET HEALTH NET HEALTH NET INC HEALTH NET INC KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS RELIANCE STANDARD RELIANCE STANDARD WIRED PAYMENTS PUBLIC EMP RETIREMENT SYSTEM PUBLIC EMP RETIREMENT SYSTEM CALIFORNIA NATIONAL Cfl j ?AICORPQRAT8D WARRANT REGISTER #32 2/6/2018 DESCRIPTION COBRA DENTAL INS PMI OCT 2017 COBRA DENTAL INS PMI NOV 2017 COBRA DENTAL INS PMI JAN 2018 HEALTH FULL NETWORK 57135A FEB 2018 HEALTH FULL NETWORK 57135A JAN 2018 HEALTH NET INS R1192A FEB 2018 HEALTH NET INS R1192A JAN 2018 KAISER HD H S A INS JAN 2018 KAISER RETIREES INS COBRA JAN 2018 KAISER RETIREES INS COBRA FEB 2018 VOLUNTARY LIFE INSURANCE JAN 2018 VOLUNTARY LIFE INSURANCE FEB 2018 SERVICE PERIOD 01/02/18 - 01/15/18 SERVICE PERIOD 11/21/17 - 12/04/17 CHK NO DATE AMOUNT 332894 2/6/18 33.00 332895 2/6/18 33.00 332896 2/6/18 33.00 332897 2/6/18 5,962.60 332898 2/6/18 5,761.00 332899 2/6/18 87,000.90 332900 2/6/18 84,378.62 332901 2/6/18 4,178.86 332902 2/6/18 1,049.92 332903 2/6/18 1,049.92 332904 2/6/18 2,902.65 332905 2/6/18 2,902.65 A/P Total 833,844.20 2022018 2/2/18 2022018 2/2/18 236,622.03 232,439.69 GRAND TOTAL $1,302,905.92 144 of 279 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK ROBERTS, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALBERT MENDIVIL, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER JERRY CANO, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 20th OF MARCH 2018. AYES NAYS ABSENT 145 of 279 CC/CDC-HA Agenda 3/20/2018 — Page 146 The following page(s) contain the backup material for Agenda Item: Warrant Register #33 for the period of 02/07/18 through 02/13/18 in the amount of $1,696,612.61. (Finance) 146 of 279 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 20, 2018 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #33 for the period of 02/07/18 through 02/13/18 in the amount of $1,696,612.61. (Finance) PREPARED BY:Karla Apalategui, Accounting Assistant PHONE: 619-336-4572 DEPARTMENT: Finance APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 02/07/18 through 02/13/18. Consistent with Department of Finance, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Adminsure Inc 591945 78,550.05 W/C Acct Replenishment / Jan 2018 Public Emp Ret System 2092018 230,893.83 Service Period 01/16/18 — 01/29/18 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $1,696,612.61. APPROVED: Vv/6t4 �GZ FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Ratify warrants totaling $1,696,612.61 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register #33 147 of 279 CALIFO RNIA F__ 1/3 PAYEE KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS NBS ACME SAFETY & SUPPLY CORP AETNA BEHAVIORAL HEALTH AIRGAS WEST ALTA LANGUAGE SERVICES INC BOOT WORLD CALIFORNIA COMMERCIAL SECURITY CALIFORNIA ELECTRIC SUPPLY CALIFORNIA PUBLIC CLAIMS MANAGEMENT ASSOCIATES COMMERCIAL AQUATIC SERVICE INC COUNTYWIDE MECHANICAL DEPARTMENT OF JUSTICE ENTERPRISE FLEET MANAGEMENT EXPRESS PIPE AND SUPPLY CO INC HARRIS, ROY JARVIS FAY DOPORTO JARVIS FAY DOPORTO JARVIS FAY DOPORTO JJJ ENTERPRISES JOHNSON EQUIPMENT COMPANY MAINTEX INC MASON'S SAW MICRONICHE INC NATIONAL CITY ELECTRIC NATIONAL CITY HISTORICAL NATIONAL CITY TROPHY ORKIN PARTS AUTHORITY METRO LLC PERRY FORD PHILLIPS JR, W POWERSTRIDE BATTERY CO INC PRO BUILD PRUDENTIAL OVERALL SUPPLY RAMIREZ, 0 RIVERSIDE COUNTY GANG RIVERSIDE SHERIFF'S DEPT IDEMIA IDENTITY & SECURITY USA SAM'S ALIGNMENT SAN DIEGO UNION TRIBUNE SANDERS, J SDG&E SHANAHAN, M SITEONE LANDSCAPE SUPPLY LLC SOUTHERN CALIF TRUCK STOP STAPLES BUSINESS ADVANTAGE -M'IO-..'`5L law 1141CORPQRAT813 • WARRANT REGISTER #33 2/13/2018 DESCRIPTION KAISER RETIREES INS THRU CALPERS FEB 2018 KAISER RETIREES INS THRU CALPERS JAN 2018 KAISER RETIREES INS FEBRUARY 2018 KAISER RETIREES INS JANUARY 2018 MILE OF CARS LANDSCAPE MAINT. DISTRICT ANCHOR, SLEEVE / PW EMPLOYEE ASSISTANCE PROGRAM FEB 2018 45714 SAFETY APPAREL PW EMPLOYEE BILINGUAL TESTING 64096 WEARING APPAREL PW 45754 BUILDING SUPPLIES PW 45698 ELECTRIC SUPPLIES PW CPPA MEMBERSHIP / NSD PROFESSIONAL SERVICES CHEMICAL SUPPLIES PURCHASES / PW CITY WIDE ONSITE HEATING & VENTILATION /PW INVESTIGATIVE SERVICES DECEMBER 2017 ENTERPRISE FLEET MAINT AND LEASE- ENG CITY WIDE PLUMBING PARTS, MATERIALS FUNCTION FITNESS TRAINING ARREST & CONTROL 332925 LIABILITY CLAIM COST 332926 LIABILITY CLAIM COST 332927 LIABILITY CLAIM COST FIRE AND SECURITY ALARM MONITORING / PW BATTALION CHIEF VEHICLE EXTRA BUILD OUT CITY WIDE JANITORIAL SUPPLIES / PW CITY WIDE GENERATOR & TOOL SALES 1 PW PROFESSIONAL SERVICES CITY WIDE ELECTRICAL MAINTENANCE ANNUAL EXPENSE PAYMENT/HOUSING & ECON DV 332935 66556 OFFICE SUPPLIES PW 332936 PEST AND RODENT CONTROL SERVICES FOR FY 332937 75943 AUTOMOBILE SUPPLIES PW 45703 VEHICLE SERVICES PW TRAINING ADV LODGING SUB GANG CONFI PD 67839 VEHICLE SERVICES PW 45707 GENERAL SUPPLIES PW 45742 LAUNDRY SERVICES PW TRAINING ADV LODGE SUB ACTIVE SHOOTER / PD TRAINING TUITION FOR GANG CON/PHILLIPS 24 HOUR PERISHABLE SKILLS/ SHANAHAN INVESTIGATIVE SERVICES DECEMBER 2017 72442 AUTO SERVICES PW UNION TRIBUNE - PUBLIC NOTICES REIMBURSEMENT OF MEDIC FEES FACILITIES DIVISION GAS & ELECTRIC TRAINING ADV SUB 24 HOUR PERISHABLE SKILL 47521 LANDSCAPE SUPPLIES PW 45758 OIL SUPF 45704 OFFICE S 148 of 279 CHK NO DATE AMOUNT 332906 2/13/18 20,069.40 332907 2/13/18 19,932.63 332908 2/13/18 6,830.04 332909 2/13/18 6,430.05 332910 2/13/18 866.40 332911 2/13/18 24.58 332912 2/13/18 812.66 332913 2/13/18 37.67 332914 2/13/18 120.00 332915 2/13/18 974.05 332916 2/13/18 213.75 332917 2/13/18 664.77 332918 2/13/18 135.00 332919 2/13/18 3,960.00 332920 2/13/18 164.43 332921 2/13/18 1,360.21 332922 2/13/18 192.00 332923 2/13/18 14,866.36 332924 2/13/18 70.78 2/13/18 750.00 2/13/18 9,305.50 2/13/18 6,918.50 332928 2/13/18 517.50 332929 2/13/18 1,580.00 332930 2/13/18 4,162.41 332931 2/13/18 721.78 332932 2/13/18 2,818.25 332933 2/13/18 900.00 332934 2/13/18 8,915.00 2/13/18 5,000.00 2/13/18 81.56 2/13/18 882.00 332938 2/13/18 327.90 332939 2/13/18 178.99 332940 2/13/18 320.46 332941 2/13/18 328.14 332942 2/13/18 1,959.94 332943 2/13/18 796.93 332944 2/13/18 778.40 332945 2/13/18 380.00 332946 2/13/18 160.00 332947 2/13/18 12.00 332948 2/13/18 100.00 332949 2/13/18 1,351.00 332950 2/13/18 242.50 332951 2/13/18 28,721.49 332952 2/13/18 384.00 332953 2/13/18 680.72 332954 2/13/18 42.51 332956 2/13/18 2,762.86 CALIFORNIAF__ 2/3 PAYEE SULLIVAN, C SWEETWATER AUTHORITY T MAN TRAFFIC SUPPLY THE HOME DEPOT CREDIT SERVICES THE LIGHTHOUSE INC TODD PIPE & SUPPLY LLC TOPECO PRODUCTS U S HEALTHWORKS UNITED RENTALS VALLEY POWER SYSTEMS INC VISTA PAINT WILLY'S ELECTRONIC SUPPLY REGIONAL TRAINING CENTER ABLE PATROL & GUARD AMAZON ATLANTIC SAFETY PRODUCTS INC BAKER & TAYLOR BOATMAN, M BOOT WORLD BRODART CO CDWG CHILDREN'S HOSPITAL COLSON, K COUNTY OF SAN DIEGO CSI FORENSIC SUPPLY DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DANIELS TIRE SERVICE DAY WIRELESS SYSTEMS DELL MARKETING L P DIMENSION DATA DUNBAR ARMORED INC ESGIL CORPORATION EVIDENT CRIME SCENE PRODUCTS FIRE ETC GRAINGER KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS LANGUAGE LINE SERVICES LASER SAVER INC LIFE ELEMENTS INC MAN K9 INC MHZ COMMUNICATIONS ENT MIDWEST TAPE MOBILE MINI LLC NEW READERS PRESS -M'IO-..'`5L law 1141CORPQRAT813 • WARRANT REGISTER #33 2/13/2018 DESCRIPTION TRAINING ADV LODGE SUB ACTIVE SHOOTER / PD FACILITIES DIVISION WATER BILL FY 2018 76666 TRAFFIC PAINT SUPPLIES PW SUCCULENTS, WIRE BRUSH, BRUSH, CLEAR 45726 LIGHTING SUPPLIES PW CITY WIDE PLUMBING MATERIALS & PARTS / PW 63849 BOLTS FOR PW PRE -EMPLOYMENT PHYSICAL/HR GENERATOR RENTAL FOR POLICE DEPARTMENT SENSOR NOX MOP# 68834. PAINT SUPPLIES/ NSD 45763 AUTO SUPPLIES PW SD REGIONAL TRAINING CENTER / CMO 332969 SECURITY GUARD SERVICE FOR FY2018 - LIBRARY 332970 BOOKS AS NEEDED FOR FY2018 - LIBRARY 332971 NITRILE EXAM GLOVES / POLICE 332972 BOOKS AS NEEDED FOR FY2018 - LIBRARY 332973 MILEAGE REIMBURSEMENT TO ATTEND SDCL MTG 332974 64096 SAFETY APPAREL PW 332975 BOOKS FOR FY2018 - LIBRARY 332976 HP LASERJET COLOR PRINTER M750DN / MIS 332977 SEXUAL ABUSE TESTING / PD 332978 TRAINING REIMB DISPATCHER PUBLIC SAFETY / PD 332979 AUTOPSY CLOTHING / PD GUNSHOT RESIDUE TESTS / PD LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST MOP 76986 / TIRE SUPPLIES PW XTS5000 BATTERIES / FIRE DJI PHANTOM PRO QUADCOPTER / PD CABLING IN ACCOUNTING AT CITY HALL ARMORED SERVICES - FINANCE PLAN CHECKS / BUILDING PROPERTY AND EVIDENCE SUPPLIES / PD STATION BOOTS / FIRE MOP 65179 GENERAL SUPPLIES PW KAISER RETIREES INS COBRA FEB 2018 KAISER RETIREES INS COBRA JAN 2018 TRANSLATION SERVICES MOP / TONER / PD DISINFECTANT WIPES / FIRE MAINTENANCE TRAINING IN PATROL WORK / PD SIGTRONICS INTERCOM, HEADSET / FIRE AUDIO VISUAL MATERIALS FOR FY2018 - LIBRARY PORTABLE STO )OM / CSD WORKBOOKS F 149 of 279 =PT - LIBRARY CHK NO DATE AMOUNT 332957 2/13/18 778.40 332958 2/13/18 24,998.74 332959 2/13/18 1,542.28 332960 2/13/18 146.52 332961 2/13/18 125.06 332962 2/13/18 39.63 332963 2/13/18 196.17 332964 2/13/18 558.00 332965 2/13/18 4,244.32 332966 2/13/18 315.46 332967 2/13/18 1,220.73 332968 2/13/18 146.18 2/13/18 300.00 2/13/18 2,945.20 2/13/18 844.58 2/13/18 10,265.50 2/13/18 2,851.98 2/13/18 13.08 2/13/18 358.78 2/13/18 490.47 2/13/18 3,086.53 2/13/18 922.00 2/13/18 140.82 332980 2/13/18 90.00 332981 2/13/18 527.44 332982 2/13/18 10,387.45 332983 2/13/18 4,062.30 332984 2/13/18 1,874.22 332985 2/13/18 1,614.72 332986 2/13/18 431.36 332987 2/13/18 102.50 332988 2/13/18 44.60 332989 2/13/18 352.57 332990 2/13/18 4,437.00 332991 2/13/18 730.00 332992 2/13/18 249.42 332993 2/13/18 11,733.18 332994 2/13/18 3,580.60 332995 2/13/18 674.25 332996 2/13/18 89.29 332997 2/13/18 1,049.92 332998 2/13/18 1,049.92 332999 2/13/18 121.24 333000 2/13/18 1,452.36 333001 2/13/18 281.50 333002 2/13/18 1,040.00 333003 2/13/18 1,360.24 333004 2/13/18 481.77 333005 2/13/18 527.44 333006 2/13/18 128.25 3/3 PAYEE NEWSBANK INC O'REILLY AUTO PARTS O'REILLY AUTO PARTS PACIFIC TELEMANAGEMENT SERVICE PARTS AUTHORITY METRO LLC PCS MOBILE PLANETBIDS INC POWERSTRIDE BATTERY CO INC PRO BUILD PROFORCE LAW ENFORCEMENT RIVERSIDE SHERIFF'S DEPT ROCKWERX INC RODRIGUEZ, M ROUNDS, R S & S RECREATION WORLDWIDE S D COUNTY SHERIFF'S DEPT SMART & FINAL STAPLES BUSINESS ADVANTAGE STATE OF CALIFORNIA SYMBOLARTS, LLC THE COUNSELING TEAM THE HOME DEPOT CREDIT SERVICES TOPECO PRODUCTS TSC GROUP INC U S BANK VCA EMERGENCY ANIMAL HOSPITAL VERIZON WIRELESS WAXIE SANITARY SUPPLY WEST PAYMENT CENTER WESTFLEX INDUSTRIAL WETMORES WILLY'S ELECTRONIC SUPPLY WIRED PAYMENTS ARCO BUSINESS SOLUTIONS ADMINSURE INC PUBLIC EMP RETIREMENT SYSTEM PAYROLL Pay period Start Date 4 1/30/2018 CALIFORNIA NATIoNAL ''_ 1' j ?AICORPQRAT8D WARRANT REGISTER #33 2/13/2018 DESCRIPTION DATABASE SUBSCRIPTION FOR FY2018 - LIBRARY 75877 AUTO SUPPLIES PW 75877 AUTO SUPPLIES PW PACIFIC TELECOMMUNICATIONS SERVICES - FEB 75943 AUTO SUPPLIES PW VERIZON UPGRADE FOR MDCS SYSTEM, VENDOR BID MANAGEMENT 67839 AUTO SUPPLIES PW 45707 GENERAL SUPPLIES PW TASER CARTRIDGES / PD TRAINING TUITION FOR FTO UPDATE/ LONG HORIZONTAL AGILITY CIRCUIT FOR CASA DE SALUE TRAINING ADV LODGING 2018 / PD REPLENISH CONFIDENTIAL FUND PD ARTS SUPPLIES FOR CAMACHO / CSD RANGE USE TRAINING / PD MOP 45756, FIRE CHARGES MOP 45704, FIRE CHARGES WORKERS CLAIM COSTS BADGE REPAIRS / PD EMPLOYEE SUPPORT SERVICES DECEMBER 2017 LED LIGHTS FOR A KIMBALL HOLIDAY / CSD 63849 AUTO SUPPLIES PW LEASE, STATION #33 TRAINING POLICE CREDIT CARD STRAY ANIMAL PET CARE / PD VERIZON CELLULAR SERVICE FOR JANUARY 2018 JANITORIAL SUPPLIES / FIRE INVESTIGATIONS TOOL / PD 63850 AUTO SUPPLIES PW 80333 AUTO SUPPLIES PW 45763 AUTO SUPPLIES PW FUEL FOR CITY FLEET JANUARY 2018 W/C ACCT REPLENISHMENT JAN 2018 SERVICE PERIOD 01/16/18 - 01/29/18 End Date 2/14/2018 Check Date 2/21/2018 CHK NO DATE AMOUNT 333007 2/13/18 4,770.00 333008 2/13/18 0.02 333009 2/13/18 69.62 333010 2/13/18 85.80 333011 2/13/18 302.93 333012 2/13/18 877.62 333013 2/13/18 4,234.32 333014 2/13/18 372.85 333015 2/13/18 454.75 333016 2/13/18 6,720.95 333017 2/13/18 125.00 333018 2/13/18 12,211.88 333019 2/13/18 870.92 333020 2/13/18 2,700.00 333021 2/13/18 92.64 333022 2/13/18 300.00 333023 2/13/18 503.10 333024 2/13/18 1,293.48 333025 2/13/18 48,098.81 333026 2/13/18 273.00 333027 2/13/18 800.00 333028 2/13/18 595.10 333029 2/13/18 2.97 333030 2/13/18 2,302.78 333031 2/13/18 1,118.27 333032 2/13/18 615.64 333033 2/13/18 233.25 333034 2/13/18 191.57 333035 2/13/18 585.00 333036 2/13/18 3.18 333037 2/13/18 131.85 333038 2/13/18 63.77 591891 591945 2092018 AIP Total 355,810.16 2/8/18 2/8/18 2/9/18 30,020.33 78,550.05 230,893.83 1,001,338.24 GRAND TOTAL $1,696,612.61 150 of 279 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK ROBERTS, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALBERT MENDIVIL, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER JERRY CANO, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 20th OF MARCH 2018. AYES NAYS ABSENT 151 of 279 CC/CDC-HA Agenda 3/20/2018 — Page 152 The following page(s) contain the backup material for Agenda Item: Public Hearing No. 1 of 2 for the U.S. Department of Housing and Urban Development (HUD) 2018-2019 Annual Action Plan and the allocation of 2018-2019 HUD entitlement grant funds, program income, and funds remaining from completed projects to Community Dev 152 of 279 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 20, 2018 AGENDA ITEM NO. ITEM TITLE: Public Hearing No. 1 of 2 for the U.S Department of Housing and Urban Development (HUD) 2018-2019 Annual Action Plan and the allocation of 2018-2019 HUD entitlement grant funds, program income, and funds remaining from completed projects to Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program activities proposed for 2018-2019 Annual Action Plan. PREPARED BY: Angelita Palma, Comm. Dev. Specialist II DEPARTMENT: H g & onomic Dev. Dept. PHONE: (619) 336-4219 APPROVEIIY: EXPLANATION: In accordance with the federal regulations at 24 CFR, Part 91, the City of National City (City) is required to prepare and submit an Annual Action Plan for its Housing and Community Development Entitlement Programs funded by the U.S. Department of Housing and Urban Development (HUD). The Third -Year Action Plan for program year 2018-2019 outlines how the City intends to spend an estimated $741,000.00 in federal Community Development Block Grant (CDBG) and $247,000.00 in federal HOME Investment Partnerships (HOME) Program entitlement funds. In addition to the funding sources noted above, the City will reprogram $2,565.70 in program income and $64,148.06 remaining from previously completed projects for CDBG as well as reprogram $151,574.14 in HOME program income received. A second Public Hearing will be conducted at the regularly scheduled City Council meeting on May 1, 2018 to review public comments received during a 30-day public review period from March 30, 2018 through April 29, 2018, on the draft 2018-2019 Annual Action Plan; and to provide interested persons and community groups with one last opportunity to share their thoughts regarding the Plan and the CDBG and HOME Program activities being proposed for program year 2018-2019. After all public comments have been considered at the Public Hearing on May 1, 2018, the City Council will adopt the Fourth -Year Action Plan. FINANCIAL STATEMENT: APPROVED: `04 Finance ACCOUNT NO. APPROVED: MIS Based on previous year allocations we anticipate receiving approximately $741,000.00 in CDBG and $247,000.00 in HOME Program funds for FY 2019. In addition, the City will reprogram to FY 2019 $2,565.70 in program income and $64,148.06 of CDBG funds from completed projects. The City will also reprogram to FY 2019 $151,574.14 in HOME program income received. ENVIRONMENTAL REVIEW: Not applicable. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Conduct the Public Hearing and approve recommendations for the CDBG and HOME funding allocations from the sources identified in the Financial Statement above. BOARD / COMMISSION RECOMMENDATION: Not applicable to this report. ATTACHMENTS: Attachment No. 1: FY 2018-2019 Action Plan Funding Recommendations Attachment No. 2: Notice of Public Hearing Attachment No. 3: 2015-2019 Overview of Consolidated Plan Priorities and Goals 153 of 279 FY 2018-2019 City of National City Community Development Block Grant and HOME Investment Partnerships Program Action Plan Funding Recommendations CDBG Entitlement (Estimated): CDBG Reallocation: CDBG Program Income 2016: Total CDBG funds available: $741, 000.00 $2, 565.70 $64,148.06 $807,713.76 HOME Entitlement (Estimated): HOME Program Income 2016: Total HOME funds available: $247,000.00 $151,574.14 $398,574.14 Attachment No. 1 # Applicant Name Program Name Activity Request Minimum Request FY 2019 Staff Recommendation FY 2018 Allocation Community Development Block Grant (CDBG) Program Public Service Funds Available: $111,150 (estimated) 1 Community Services Department Casa de Salud Youth Afterschool Program $ 34,000.00 $ 34,000.00 $ 34,000.00 $ 31,000.00 2 National City Public Library Literacy Services Program $ 52,000.00 $ 52,000.00 $ 44,000.00 $ 44,000.00 3 Police Department (Sponsoring South Bay Community Services) NCPD Support Service: Domestic Violence Response Team $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 4 Community Services Department Tiny Tots $ 16,160.00 $ 16,160.00 $ 13,150.00 $ 16,159.15 5 Fire Department (Sponsoring Trauma Intervention Programs of San Diego County, Inc.) Trauma Intervention Program $ 5,000.00 $ 5,000.00 $ - $ - Public Service Total: $ 127,160.00 $ 127,160.00 $ 111,150.00 $ 111,159.15 Non -Public Services Funds Available: $548,363.76 (estimated) 6 Housing & Economic Development Housing Inspection Program $ 116,429.77 $ 63,761.26 $ 64,411.26 $ 116,429.77 7 Fire Department Fire Station 34 Section 108 Loan Payment FY 2018 - 2019 $ 483,952.50 $ 483,952.50 $ 483,952.50 $ 458,559.00 Non -Public Service Total: $ 600,382.27 $ 547,713.76 $ 548,363.76 $ 574,988.77 Planning and Administration Funds Available: $148,200 (estimated) 8 Housing & Economic Development CDBG Program Administration $ 113,000.00 $ 113,000.00 $ 113,200.00 $ 107,212.20 9 Housing & Economic Development (Sponsoring CSA San Diego County) Fair Housing and Tenant -Landlord Education $ 35,000.00 $ 35,000.00 $ 35,000.00 $ 41,000.00 Planning & Admin Total: $ 148,000.00 $ 148,000.00 $ 148,200.00 $ 148,212.20 CDBG Total: $ 875,542.27 $ 822,873.76 $ 807,713.76 $ 834,360.12 154 of 279 FY 2018-2019 City of National City Community Development Block Grant and HOME Investment Partnerships Program Action Plan Funding Recommendations CDBG Entitlement (Estimated): CDBG Reallocation: CDBG Program Income 2016: Total CDBG funds available: $741, 000.00 $2, 565.70 $64,148.06 $807,713.76 HOME Entitlement (Estimated): HOME Program Income 2016: Total HOME funds available: $247,000.00 $151,574.14 $398,574.14 Attachment No. 1 # Applicant Name Program Name Activity Request Minimum Request FY 2019 Staff Recommendation FY 2018 Allocation HOME Investment Partnerships (HOME) Program Pro ect Funds Available: $358,716.73 (estimated) 10 Housing & Economic Development (Springboard CDFI) First -Time Homebuyer Program $ 321,666.73 $ 321,666.73 $ 321,666.73 $ - 11 Housing & Economic Development CHDO Set -aside $ 37,050.00 $ 37,050.00 $ 37,050.00 $ 37,024.50 Total: $ 358,716.73 $ 358,716.73 $ 358,716.73 $ 37,024.50 Planning & Administration Funds Available: $39,857.41 (estimated) 12 Housing & Economic Development HOME Program Administration $ 39,857.41 $ 39,857.41 $ 39,857.41 $ 39,879.75 HOME Total: $ 398,574.14 $ 398,574.14 $ 398,574.14 $ 76,904.25 The entitlement award for Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program is estimated. U.S Department of Housing and Urban Development (HUD) has not release allocations for fiscal year (FY) 2018-2019. Staff has proposed a ranking of all Public Service applications for consideration by City Council. Funding commitments to any activity will depend on the ability to fund with the actual award made to the City by HUD. When funds are applied by rank, if there is an activity that can be partially funded with a remainder, staff will consider the feasibility of an award to the activity. If staff considers the activity infeasible then the remaining funds will not be appropriated until the next allocation cycle. The City Manager will review and accept the final funding commitments as directed by the City Council. For Non -Public Service and Planning and Administration Activities if there is an increase or decrease in the entitlement funds award amounts to the Housing Inspection Program and CDBG Planning and Administration activities will be increased or decreased proportionately. If the entitlement award is reduced for the HOME Program each new activity will be reduced proportionally. If there is an increase in funding the First -Time Homebuyer Program and Planning and Administration will be increased proportionally. 155 of 279 Attachment No. 2 w \ 4 :/ ,z i CALIFORNIA alO AL, City ! 31 -==J 'WORPORATED PUBLIC NOTICE CITY OF NATIONAL CITY FIRST PUBLIC HEARING FOR THE DRAFT FISCAL YEAR 2018-19 ANNUAL ACTION PLAN In accordance with the federal regulations at 24 CFR, Part 91, the City of National City (City) is required to prepare and submit an Annual Action Plan for its Housing and Community Development Entitlement Programs funded by the U.S. Department of Housing and Urban Development (HUD). The 2015-2019 Consolidated Plan outlines the City's housing and non -housing community development needs and priorities over five years. The Action Plan for Fiscal Year 2018-2019 (FY 2019) outlines how the City intends to spend approximately $741,000 in federal Community Development Block Grant (CDBG) and approximately $247,000 in federal HOME Investment Partnerships (HOME) Program entitlement funds. In addition to the funding sources noted above, the City anticipates reprogramming $2,565.70 and $151,574.14 from CDBG and HOME activities respectively and allocating program income earned from previous years to and reallocating $64,148.06 from previously funded CDBG activities to fund activities listed under the proposed FY 2019 Action Plan. Notice is hereby given that the City Council of the City of National City will hold the first of two Public Hearings on Tuesday, March 20, 2018 at 6:00 p.m. The purpose of the Public Hearing is provide the opportunity for public comment on the recommendations made to City Council for funding of the CDBG and HOME Program activities listed under the FY 2019 Action Plan. The Consolidated Plan is available for review on the City's website www.nationalcityca.gov/cdbg-home. Hardcopies are available at the office of the City Clerk (1243 National City Boulevard, National City, CA 91950) and at the Housing and Economic Development Department (140 E. 12 Street Suite B, National City, CA 91950). A second Public Hearing will be conducted at the regularly scheduled City Council meeting on May 1, 2018 to review public comments received during a 30-day public review period (March 30 through April 29, 2018) of the draft FY 2019 Annual Action Plan; and to provide interested persons and community groups with one last opportunity to share their thoughts regarding the Plan and the CDBG and HOME Program activities being proposed for FY 2019. After all public comments have been considered at the Public Hearing on May 1, 2018, the City Council will adopt the FY 2019 Action Plan and proposed CDBG and HOME Program funding recommendations. Public participation is an essential part in the development of the Annual Action Plan. Interested persons and community groups are invited to attend and participate at these hearings. Both Public Hearings will be held at the City of National City, City Hall Council Chambers, located at 1243 National City Boulevard, National City, CA 91950. For more information regarding this process, please contact the Housing & Economic Development Department at (619) 336-4391. Hearing impaired persons please use the CAL Relay Service Number 711. City facilities are wheelchair accessible. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Asistencia en Espanol: Para que le interpreten la informacion en espanol, flame al (619) 336-4391. Leslie Deese, City Manager City of National City March 3, 2018 156 of 279 Attachment No. 3 2015-2019 Overview of Consolidated Plan Priorities and Goals U.S. Department of Housing and Urban Development (HUD) fund the Housing and Community Development entitlement Programs Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) Programs. A requirement of these programs is a five-year Consolidated Plan. Below is a summary of the priorities and goals identified in the Plan's Needs Assessment Overview. The City has extensive housing and community development needs. CDBG and HOME funds alone are not adequate to address the numerous of needs identified during the public outreach process and summarized in the Needs Assessment and Market Analysis of this Consolidated Plan. Recognizing the national objectives of the CDBG and HOME programs and specific program regulations, the City intends to use CDBG and HOME funds to coordinate programs, services, and projects to create a decent and suitable living environment to benefit low -moderate income households and those with special needs. Use of CDBG and HOME funds will focus on some of most critical needs in National City, based on the following goals and priority needs: Goal: Provide Decent and Affordable Housing • Priority: Conserve and Improve Existing Affordable Housing - Assistance to aid in the rehabilitation of single-family and multi -family housing units. - Acquisition, with or without rehabilitation of multi -family projects. - Conservation of affordable housing at risk of converting to market -rate housing. • Priority: Provide Homeownership Assistance - Assistance to low -moderate income households to achieve homeownership. Assistance to developers for the acquisition and re -sale of housing units to low - moderate income homebuyers. • Priority: Assist in the Development of Affordable Housing - Assistance to developers in the development of affordable housing, including acquisition, land assemblage, construction, conversion, purchase of affordability covenants, or other mechanisms. Goal: Promote Equal Housing Opportunity • Priority: Promote Equal Housing Opportunity - Promote fair housing services provided by the City's fair housing services provider. Comply with fair housing planning requirements (as identified in the Analysis of Impediments to Fair Housing Choice). Goal: Support Initiatives that Reduce Homelessness • Priority: Support Initiatives that Reduce Homelessness - Tenant based rental assistance that targets families at risk of homelessness. - Participate in the San Diego County Regional Task Force on the Homeless (RTFH) to assess needs and coordinate efforts to address needs. 157 of 279 Attachment No. 3 Goal: Provide Community Facilities and Infrastructure • Priority: Provide for Community Facilities and Infrastructure Provide for new and improve existing community facilities and infrastructure. These may include, but are not limited to: parks and recreation facilities; fire equipment; facilities prioritized on the City's ADA Transition Plan; community facilities; and public streets, sidewalks, curbs, rights -of -way. Periodically assess the need for and (when determined to be warranted) pursue Section 108 loans for large-scale public improvement and revitalization projects. Goal: Provide Community and Supportive Services • Priority: Provide Community and Supportive Services Provide for a variety of community and supportive services, with special emphasis on crime awareness and prevention programs such as code enforcement, services for the homeless, seniors, at -risk youth, the disabled, and other persons with special needs. 158 of 279 CC/CDC-HA Agenda 3/20/2018 — Page 159 The following page(s) contain the backup material for Agenda Item: Public Hearing and Introduction of an Ordinance of the City Council of the City of National City amending Chapter 10.43 of the National City Municipal Code concerning alcohol and illegal drug offenses by minors and juveniles. (City Attorney) 159 of 279 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 6, 2018 AGENDA ITEM NO. ITEM TITLE: ;Public Hearing and Introduction of an Ordinance of the City Council of the City of National City amending Chapter 10.43 of the National City Municipal Code concerning alcohol & illegal drug offenses by minors and juveniles. PREPARED BY: Nicole Pedone, Sr. Asst. City Attorney PHONE: 336-4221 EXPLANATION: Please see attached staff report. DEPARTMENT: City Attorney APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/AI APPROVED: Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This activity is not a project as defined in Section 15378 of the California Code of Regulations; therefore, no further action is required under the California Environmental Quality Act. ORDINANCE: INTRODUCTION: X FINAL ADOPTION: STAFF RECOMMENDATION: Introduce an ordinance amending Chapter 10.43 of the National City Municipal Code concerning alcohol and illegal drug offenses by minors and juveniles to strengthen the current Municipal Code by including marijuana as an illegal substance, adding clearer definitions, adding a knowledge element to the language of the City's Social Host Ordinance, and setting forth the remedies available to the City for violations of the ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Staff Report Strikeout version of Ordinance Proposed Ordinance 160 of 279 CALIFORNIA `ATI. NA L CIrr'Y INCORPORATED City Council Staff Report March 20, 2018 ITEM An Ordinance of the City Council of the City of National City amending Chapter 10.43 of the National City Municipal Code concerning alcohol & illegal drug offenses by minors and juveniles. STAFF RECOMMENDATION Introduce an Ordinance of the City Council of the City of National City amending Chapter 10.43 of the National City Municipal Code concerning alcohol & illegal drug offenses by minors and juveniles to strengthen the Ordinance including adding marijuana as an illegal substance, adding clearer definitions, adding a knowledge element to the language of the City's Social Host Ordinance and setting forth the remedies available to the City for violations of the Ordinance. BACKGROUND In November 2003, the City of National City approved Ordinance No. 2003-2235 (the "Social Host Ordinance") adding Chapter 10.43 to the National City Municipal Code, relating to alcohol and illegal drug offenses by minors and juveniles and reimbursement from responsible persons for the cost of enforcement services. The purpose of the Social Host Ordinance was threefold: (1) to protect public health, safety, and welfare; (2) to enforce laws prohibiting consumption of alcohol by minors; and (3) to reduce the costs of providing law enforcement services to parties by shifting the financial burden to irresponsible hosts instead. The Social Host Ordinance was intended to remedy and deter problems associated with underage drinking parties, including alcohol abuse, vandalism, excessive noise, traffic accidents, and physical altercations and injuries. The Social Host Ordinance makes it unlawful for a minor, a person under the age of twenty-one, to consume alcohol at any public place, place open to the public, or place not open to the public unless supervised by the minor's parent or guardian. Further, the Social Host Ordinance makes it unlawful for a person to allow or host a party at his or her home, or other premises under his or her control, where three or more minors are present and a minor consumes alcohol. On September 7, 2004, the San Diego Superior Courts Appellate Division held, in an unpublished opinion, that the section of the San Diego City Social Host Ordinance that held a party host criminally liable violated a person's right to due process because the court believed a person could not be convicted of the offense if the host were unaware or would not reasonably know that a party was taking place or minors were consuming alcohol. There was a lack of Staff Report March 20, 2018 1 Ordinance Ameding Chapter 10.43 Alcohol & Illegal Drug Offenses by Minors and Juveniles 161 of 279 "mens rea in the ordinance" or an intent element. Following the court's ruling, the City of San Diego amended its social host ordinance to add a "mens rea" or intent element. The current language in the National City's Social Host Ordinance is similar to the former City of San Diego ordinance that was ruled "constitutionally impermissible" because it currently does not have a "mens rea" or an intent element. While the unpublished decision may not be citable as legal precedent, it is an indication of how a trial or appellate court might analyze our current Social Host Ordinance. In addition, Proposition 64 made it legal for persons 21 years of age or older to: (1) smoke or ingest marijuana or marijuana products; (2) possess, process, transport, purchase, obtain, or give away to persons 21 years of age or older, without any compensation, 28.5 grams of marijuana, or 8 grams of concentrated marijuana, including as contained in marijuana products; and (3) possess, plant, cultivate, harvest, dry or process up to six living marijuana plants for personal use within the person's private residence. (Health & Safety Code § 11362.2(a)) The new law requires that marijuana in excess of 28.5 grams that is produced by plants kept pursuant to the personal cultivation provision of the law be kept in a locked space on the grounds of a private residence that is not visible from a public place. (Health & Safety Code §11362.2(a)) Due to the legalization of recreational marijuana, which includes the right to grow up to six living marijuana plants within the person's private residence, amending the City's Social Host Ordinance to include marijuana is essential to protect the health and safety of not only minors but also that of the community of large. ANALYSIS AND PROPOSED ORDINANCE Consumption of alcoholic beverages, marijuana, and other illegal substances by minors in public and private locations presents a myriad of problems for minors, the community, and law enforcement. In addition, some adults condone the use of alcohol, marijuana, and other illegal substances and supply these substances to minors at parties in their homes. Now there is an additional threat with marijuana being allowed to be grown in a private residence. An effective Social Host Ordinance gives law enforcement an important tool to deter the use of these substances and underage drinking parties. The Ordinance also provides consequences for those who choose to ignore underage drinking and marijuana laws and encourages behavior that exposes our community to unnecessary health and safety risks. The proposed ordinance amends the Social Host Ordinance as follows: 1. Clearer definitions under section 10.43.010 expanding the list of those who could be held responsible for a violation to more than just a home owner; defining a "party, gathering or event" to mean a gathering of two or more persons; defining "residence or premises"; adding the definition of marijuana; and adding the definition of "social host". 2. Adding marijuana to the list of substances prohibited by minors in public places, places open to the public or places not open to the public. 3. Adding a knowledge element by providing that it is unlawful for any person to host a party where that person knows, or reasonably should have known, that a minor has consumed an alcoholic beverage, marijuana, or any other illegal substance. Staff Report March 20, 2018 2 Ordinance Ameding Chapter 10.43 Alcohol & Illegal Drug Offenses by Minors and Juveniles 162 of 279 4. Imposing duties on the "host" to take all reasonable steps to prevent the consumption of alcohol, marijuana, or other controlled substances by any minor at the gathering which includes: (a) controlling access to the substances; (b) controlling the quantity at the gathering; (c) checking the ages of the guests; and (d) supervising the minors at the gathering. 5. Adding a prima facie evidence standard - if a person having control of the residence or premises is present at the time of the gathering, it shall be presumed that such person had the requisite knowledge or should have had the requisite knowledge; 6. Adding a constructive knowledge element that imputes a person with knowledge that a minor consumed the substance since such knowledge is obtainable by the exercise of reasonable care. 7. Amending section 10.43.040 to include a broader description of enforcement services. Enforcement of this Ordinance may involve police, fire, or code enforcement. 8. Expanding enforcement of the Ordinance to include criminal actions, civil penalties, nuisance abatement, civil actions including injunctive relief, and administrative actions. 9. Declaring a violation of Chapter 10.43 to be a public nuisance that may be enjoined civilly or administratively. The proposed amendments, while making enforcement of the Social Host Ordinance more fact specific, will provide greater constitutional safeguards in its application to the citizens of National City. FISCAL IMPACT None RECOMMENDATION Introduce an Ordinance of the City Council of the City of National City amending Chapter 10.43 of the National City Municipal Code concerning alcohol & illegal drug offenses by minors and juveniles to strengthen the ordinance including adding marijuana as an illegal substance, adding clearer definitions, adding a knowledge element to the language of the City's Social Host Ordinance and setting forth the remedies available to the City for violations of the Ordinance. Staff Report March 20, 2018 3 Ordinance Ameding Chapter 10.43 Alcohol & Illegal Drug Offenses by Minors and Juveniles 163 of 2791 Section 1. Title 10, Division V, Chapter 10.43 of the Municipal Code is amended to read as follows: CHAPTER 10.43 ALCOHOL, MARIJUANA, AND OTHER CONTROLLED SUBSTANCES AND ILLEGAL DRUG OFFENSES BY MINORS AND JUVENILES, AND REIMBURSEMENT FROM RESPONSIBLE PERSONS FOR THE COST OF ENFORCEMENT SERVICES Sections: 10.43.010 Definitions 10.43.020 Consumption of alcoholic beverages, marijuana, or other controlled substances by minors prohibited in public places, places open to public, or places not open to public. 10.43.030 Hosting, allowing a gathering where minors consuming alcoholic beverages, marijuana or other controlled substances prohibited. 10.43.040 Enforcement services at a party, gathering, or event on private property 10.43.050 Reimbursement for cost of law enforcement services 10.43.060 Reservation of legal options 10.43.070 Violations 10.43.010 Definitions. A. For purposes of this Chapter, "marijuana" shall have the same meaning as the definition of that word in Section 11018 of the California Health and Safety Code. B. "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. C. "Alcoholic beverage" is as defined by Business and Professions Code section 23004. D. "Controlled substances or illegal drugs" shall include all narcotics or drugs, or substances, whose possession and use are regulated under the ,-the possecsio,^, of which is illegal -under -the Ia •is of the State f fomia-ac defined under the -Pena+ -Cede, 'i- nd �rrv�� rn n i �v1'acr—m Controlled Substances Act. Such term does not include any drug or substance for which the individual found to have consumed such substance has a valid prescription issued by a licensed medial practitioner authorized to issue such a prescription. E. "Enforcement services" includes the salaries and benefits of pelice-efficerelaw enforcement, fire, or other code enforcement personnel, or other emergency response providers for the amount of time actually spent in responding to, or in remaining at, or otherwise dealing with the party, gathering, or event and the administrative costs attributable to the incident; the actual cost of any medical treatment to injured pelide law enforcement, fire, er other code enforcement personnel, or other emergency response personnel; and the cost of repairing any damaged City equipment or property; and the cost arising from the use of any damaged equipment in responding to,_ or remaining at, or leaving the party, gathering, or event. F. "Juvenile" means any person under eighteen (18) years of age. 1 164 of 279 G. "Guardian" means (1) a person who, under court order, is the guardian of the person of a minor; or (2) a public or private agency with whom a minor has been placed by the court. H. "Minor" means any person under twenty-one (21) years of age. I. "Parent" means a person who is a natural parent, adoptive parent, or step-parent of another person. J. "Party, gathering, or event" means a group of personsparty or gathering of two or more persons at or on a residence or other private property or premises, who have assembled or are assembling for a party, social occasion or social activity. K. "Residence or premises" means a hotel or motel room, home, yard, apartment, condominium, or other dwelling unit, or a hall or meeting room, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or for a party or other social function, whether private property or public place, and whether owned, leased, rented, or used with or without compensation. L. "Person(s) responsible for the eventResponsible person" includes, but is not limited to: (1) The person(s) who owns, rents, leases, or otherwise has control of the premises where the party, gathering or event takes place; (2) the person(s) in charge of the premises including the landlord of another person responsible for the gathering; or (3) the any persons(s) who host, organize, supervise, permit, officiate, conduct or control the gathering or any other persons accepting responsibility for such a gatherinq.organized the event. If a person responsible for the event is a juvenile, then the parents or guardians of that juvenile and the .uv� enile will be jointly and severally liable for the costs incurred for enforcement services pursuant to this chapter. To incur liability for enforcement services imposed by this chapter, the responsible person for the gathering need not be present at such gathering resulting in the response giving rise to the imposition of enforcement services. This chapter therefore imposes vicarious as well as direct liability upon a responsible person. M. A "social host" is an adult who permits a party, gathering, or event where one or more minors consume one or more alcoholic beverages, marijuana or other controlled substances on property owned or controlled by an adult. 10.43.020 Property.Consumption of alcoholic beverages, marijuana, or other controlled substances by minors prohibited in public places, places open to public, or places not open to public. —Except as permitted by state law, no minor shall: A. Consume in -at any public place or any places open to the public any alcoholic beverage, marijuana or other controlled substance; or B. Consume at any place not open to the public any alcoholic beverage, marijuana, or other controlled substance, unless in connection with the consumption of the alcoholic beverage that minor is being supervised by his or her parent or legal guardian. This section beverage by a s or her parent or 10.43.030 Serving of Alcohol andlor controlled substances to Minors at Parties, Cathcrings or Events on Private Property.Hostinq, allowing a gathering where minors consuming alcoholic beverages, marijuana and other controlled substances prohibited. A. Except as permitted by Article 1, Section 4, of the California Constitution, no person shall suffer, permi , 2 165 of 279 minors are present and any minor.it is unlawful for any person having control of any premises who knows or should reasonably know that he or she has hosted, permitted, or allowed a gathering to take place at said premises, where at least one minor consumes an alcoholic beverage, marijuana or other controlled substance wherever the person having control of the premises either knows a minor has consumed an alcoholic beverage, marijuana or other controlled substance or reasonably should have known that a minor consumed an alcoholic beverage, marijuana or other controlled substance by a minor. B. It is the duty of any person having control of any premises, who knows or should know that he or she has hosted, permitted, or allowed a gathering at said premises to take all reasonable steps to prevent the consumption of alcoholic beverages, marijuana, or other controlled substances by any minor at the gathering. Reasonable steps include, but are not limited to: (1) controlling access to alcoholic beverages, marijuana or other controlled substances at the gathering; (2) controlling the quantity of alcoholic beverages, marijuana or other controlled substances present at the gathering; (3) verifying the age of the persons attending the gathering by inspecting drivers licenses or other government -issued identification cards to ensure that minors do not consume alcoholic beverages, marijuana or other controlled substances while at the gatherinq; and (4) supervising the activities of minors at the gathering. C. Whenever a person having control of a residence or premises is present at the residence or premises at the time that a minor possesses or consumes any alcoholic beverage or controlled substance thereon, it shall be prima facie evidence that such person had the knowledge or should have had the knowledge specified in this section. D. A person who hosts, permits, or allows a gathering shall be deemed to have actual or constructive knowledge that a minor has consumed or possessed alcoholic beverages, marijuana, or controlled substances if the person has not taken all reasonable steps to prevent the consumption or possession of alcoholic beverages, marijuana or controlled substances by a minor or as set forth in this section. Eli. This section shall not apply to conduct involving the administration of alcohol to or use of an alcoholic beverage by a minor child which occurs exclusively under the supervision of his or her parent or legal guardian, or to the consumption of an alcoholic beverage at any place regulated by the California Department of Alcoholic Beverage Control. 10.43.040 Enforcement Services at a Party, Gathering or Event on Private Property. When any party, gathering or event occurs on private property as described in Section 10.43.030 and a police officer, fire or code enforcement personnel, -or other code enforcement officeror other emergency response providers at the scene determines that there is a threat or detriment to the public peace, health, safety or general welfare, the person(s) responsible for the party, gathering or event shall be liable for the actual cost of enforcement services provided during a response by the police, fire, -er-ether code enforcement personnel, or other emergency response providers. 10.43.050 Reimbursement for Cost of Law Enforcement Services. The actual cost of the enforcement services described in Section 10.43.040 shall be deemed a debt owed to the City by the person responsible for the event and, if that person is a juvenile, their parents or 3 166 of 279 guardians. Any person owing such debt after demand has been refused shall be liable in an action brought in the name of the City for recovery of the same. 10.43.060 Reservation of Legal Options. The City of National City reserves its right to seek reimbursement for actual costs of enforcement services through other legal remedies or procedures. The procedure provided for in this chapter is in addition to any other statute, ordinance or law, civil or criminal. This chapter in no way limits the statutory authority of peace officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by this Article. 10.43.070 Violations. this chapter is a misdcm ' A. General Penalty. All means of enforcement authorized under this code may be used to address violations of this chapter, including, but not limited to: criminal actions, civil penalties, nuisance abatement, civil actions including injunctive relief, and administrative citations. Violations of this chapter may be charged as a misdemeanor in accordance with National City Municipal Code chapter 1.20 and shall be punishable to the fullest extent of the law including a one thousand dollar fine and/or six months of jail. B. Public Nuisance. A violation of the chapter is hereby declared to be a public nuisance and may be enjoined civilly or administratively. In addition, it is unlawful and a misdemeanor to maintain a public nuisance. 4 167 of 279 ORDINANCE NO. 2018 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTER 10.43 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO ALCOHOL AND ILLEGAL DRUG OFFENSES BY MINORS AND JUVENILES WHEREAS, the City of National City (the "City"), pursuant to the police powers delegated to it by the California Constitution, has the authority to enact or amend laws which promote the public health, safety and general welfare of its residents; and WHEREAS, the City Council of the City of National City (the "City Council") finds that loud and unruly gatherings on private property where alcohol, marijuana, and/or other controlled substances are served to or consumed by minors are not only unlawful and harmful to the minors, but often pose a threat to public health, safety, quiet enjoyment of residential property and general welfare; and WHEREAS, minors often obtain alcohol, marijuana, and other controlled substances at gatherings held on private property that are under the control of a person who knows or should know of the underage consumption or service; and WHEREAS, National City is committed to the success and positive future of its community youth and supports efforts to decrease and prevent youth use of and exposure to non -medical marijuana and other drugs; and WHEREAS, control of large parties, gatherings or events on private property is necessary when such activity is determined to be a detriment to the peace, health, safety, or general welfare of the public; and WHEREAS, the City Council finds and determines that there is a need to amend Chapter 10.43 of the National City Municipal Code to include marijuana as described below in an effort to strengthen the existing provisions of the City's "Social Host Ordinance" ("Ordinance"); and WHEREAS, the City Council finds and determines that section 10.43.010 should be amended to add clearer definitions, Section 10.43.030 should be amended to add the requisite intent of the Ordinance to conform with state and federal law and Section 10.43.070 should be amended to set forth the remedies available to the City for violations of the Ordinance; and WHEREAS, the City Council finds and declares that the purpose of amending this Ordinance is to protect public health, safety, and general welfare; and to enforce laws prohibiting the consumption of alcohol, marijuana, and/or controlled substances by minors. follows: NOW, THEREFORE, the City Council of the City of National City does ordain as 168 of 279 Section 1. Title 10, Division V, Chapter 10.43 of the Municipal Code is amended to read as follows: CHAPTER 10.43 ALCOHOL, MARIJUANA, AND OTHER CONTROLLED SUBSTANCES OFFENSES BY MINORS AND JUVENILES, AND REIMBURSEMENT FROM RESPONSIBLE PERSONS FOR THE COST OF ENFORCEMENT SERVICES Sections: 10.43.010 Definitions 10.43.020 Consumption of alcoholic beverages, marijuana, or other controlled substances by minors prohibited in public places, places open to public, or places not open to public. 10.43.030 Hosting, allowing a gathering where minors consuming alcoholic beverages, marijuana or other controlled substances prohibited. 10.43.040 Enforcement services at a party, gathering, or event on private property 10.43.050 Reimbursement for cost of law enforcement services 10.43.060 Reservation of legal options 10.43.070 Violations. 10.43.010 Definitions. A. For purposes of this Chapter, "marijuana" shall have the same meaning as the definition of that word in Section 11018 of the California Health and Safety Code. B. "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. C. "Alcoholic beverage" is as defined by Business and Professions Code section 23004. D. "Controlled substances or illegal drugs" shall include all narcotics, drugs, or substances, whose possession and use are regulated under the Controlled Substances Act. Such term does not include any drug or substance for which the individual found to have consumed such substance has a valid prescription issued by a licensed medial practitioner authorized to issue such a prescription. E. "Enforcement services" includes the salaries and benefits of law enforcement, fire, code enforcement personnel, or other emergency response providers for the amount of time actually spent in responding to, or in remaining at, or otherwise dealing with the party, gathering, or event and the administrative costs attributable to the incident; the actual cost of any medical treatment to injured law enforcement, fire, code enforcement personnel, or other emergency response personnel; and the cost of repairing any damaged City equipment or property; and the cost arising from the use of any damaged equipment in responding to, remaining at, or leaving the party, gathering, or event. F. "Juvenile" means any person under eighteen (18) years of age. G. "Guardian" means (1) a person who, under court order, is the guardian of the person of a minor; or (2) a public or private agency with whom a minor has been placed by the court. H. "Minor" means any person under twenty-one (21) years of age. Ordinance No. 2018 - Page 2 of 5 Social Host Ordinance , 2018 Amending NCMC Chapter 10.43 169 of 279 I. "Parent" means a person who is a natural parent, adoptive parent, or step-parent of another person. J. "Party, gathering, or event" means a party or gathering of two or more persons at or on a residence or other private property or premises, who have assembled or are assembling for a party, social occasion or social activity. K. "Residence or premises" means a hotel or motel room, home, yard, apartment, condominium, or other dwelling unit, or a hall or meeting room, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or for a party or other social function, whether private property or public place, and whether owned, leased, rented, or used with or without compensation. L. "Responsible person" includes, but is not limited to: (1) The person(s) who owns, rents, leases, or otherwise has control of the premises where the party, gathering or event takes place; (2) the person(s) in charge of the premises including the landlord of another person responsible for the gathering; or (3) any persons(s) who host, organize, supervise, permit, officiate, conduct or control the gathering or any other persons accepting responsibility for such a gathering. If a person responsible for the event is a juvenile, then the parents or guardians of that juvenile and the juvenile will be jointly and severally liable for the costs incurred for enforcement services pursuant to this Chapter. To incur liability for enforcement services imposed by this Chapter, the responsible person for the gathering need not be present at such gathering resulting in the response giving rise to the imposition of enforcement services. This Chapter therefore imposes vicarious as well as direct liability upon a responsible person. M. A "social host" is an adult who permits a party, gathering, or event where one or more minors consume one or more alcoholic beverages, marijuana or other controlled substances on property owned or controlled by an adult. 10.43.020 Consumption of alcoholic beverages, marijuana, or other controlled substances by minors prohibited in public places, places open to public, or places not open to public. Except as permitted by state law, no minor shall: A. Consume at any public place or any places open to the public any alcoholic beverage, marijuana or other controlled substance; or B. Consume at any place not open to the public any alcoholic beverage, marijuana, or other controlled substance, unless in connection with the consumption of the alcoholic beverage that minor is being supervised by his or her parent or legal guardian. 10.43.030 Hosting, allowing a gathering where minors consuming alcoholic beverages, marijuana and other controlled substances prohibited. A. Except as permitted by Article 1, Section 4, of the California Constitution, it is unlawful for any person having control of any premises who knows or should reasonably know that he or she has hosted, permitted, or allowed a gathering to take place at said premises, where at least one minor consumes an alcoholic beverage, marijuana or other controlled substance wherever the person having control of the premises either knows a minor has consumed an alcoholic beverage, marijuana or other controlled substance or reasonably should have known that a minor consumed an alcoholic beverage, marijuana or other controlled substance by a minor. B. It is the duty of any person having control of any premises, who knows or should know that he or she has hosted, permitted, or allowed a gathering at said premises to take all reasonable steps to prevent the consumption of alcoholic beverages, marijuana, or other controlled substances by any minor at the gathering. Reasonable steps include, but are not limited to: (1) controlling access to alcoholic beverages, marijuana, or other controlled substances at the gathering; Ordinance No. 2018 - Page 3 of 5 Social Host Ordinance , 2018 Amending NCMC Chapter 10.43 170 of 279 (2) controlling the quantity of alcoholic beverages, marijuana or other controlled substances present at the gathering; (3) verifying the age of the persons attending the gathering by inspecting drivers licenses or other government -issued identification cards to ensure that minors do not consume alcoholic beverages, marijuana or other controlled substances while at the gathering; and (4) supervising the activities of minors at the gathering. C. Whenever a person having control of a residence or premises is present at the residence or premises at the time that a minor possesses or consumes any alcoholic beverage or controlled substance thereon, it shall be prima facie evidence that such person had the knowledge or should have had the knowledge specified in this section. D. A person who hosts, permits, or allows a gathering shall be deemed to have actual or constructive knowledge that a minor has consumed or possessed alcoholic beverages, marijuana, or controlled substances if the person has not taken all reasonable steps to prevent the consumption or possession of alcoholic beverages, marijuana or controlled substances by a minor or as set forth in this section. E. This section shall not apply to conduct involving the administration of alcohol to or use of an alcoholic beverage by a minor child which occurs exclusively under the supervision of his or her parent or legal guardian, or to the consumption of an alcoholic beverage at any place regulated by the California Department of Alcoholic Beverage Control. 10.43.040 Enforcement services at a party, gathering, or event on private property. When any party, gathering or event occurs on private property as described in Section 10.43.030 and a police officer, fire or code enforcement personnel, or other emergency response providers at the scene determines that there is a threat or detriment to the public peace, health, safety or general welfare, the person(s) responsible for the party, gathering or event shall be liable for the actual cost of enforcement services provided during a response by the police, fire, code enforcement personnel, or other emergency response providers. 10.43.050 Reimbursement for cost of law enforcement services. The actual cost of the enforcement services described in Section 10.43.040 shall be deemed a debt owed to the City by the person responsible for the event and, if that person is a juvenile, their parents or guardians. Any person owing such debt after demand has been refused shall be liable in an action brought in the name of the City for recovery of the same. 10.43.060 Reservation of legal options. The City of National City reserves its right to seek reimbursement for actual costs of enforcement services through other legal remedies or procedures. The procedure provided for in this Chapter is in addition to any other statute, ordinance, or law, civil or criminal. This Chapter in no way limits the statutory authority of peace officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by this Article. 10.43.07 Violations. A. General Penalty. All means of enforcement authorized under this code may be used to address violations of this Chapter, including, but not limited to: criminal actions, civil penalties, nuisance abatement, civil actions including injunctive relief, and administrative citations. Violations of this Chapter may be charged as a misdemeanor in accordance with National City Municipal Code Chapter 1.20 and shall be punishable to the fullest extent of the law including a one thousand dollar fine and/or six months of jail. Ordinance No. 2018 - Page 4 of 5 Social Host Ordinance , 2018 Amending NCMC Chapter 10.43 171 of 279 B. Public Nuisance. A violation of this Chapter is hereby declared to be a public nuisance and may be enjoined civilly or administratively. In addition, it is unlawful and a misdemeanor to maintain a public nuisance. Section 2. Severability. If any section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this ordinance and adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. Section 3. This ordinance shall take effect and be in force on the thirtieth (30th) day from and after its final passage. PASSED and ADOPTED this day of , 2018. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Ordinance No. 2018 — Page 5 of 5 Social Host Ordinance , 2018 Amending NCMC Chapter 10.43 172 of 279 CC/CDC-HA Agenda 3/20/2018 — Page 173 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 two separate Real Property License Agreements with San Diego Gas & Electric Company (SDG&E) for the installation of eight Electric Vehicle Charging Stations, asso 173 of 279 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 20, 2018 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute two separate Real Property License Agreements with San Diego Gas & Electric Company (SDG&E) for the installation of eight Electric Vehicle Charging Stations, associated equipment and infrastructure at City Hall (located at 1243 National City Boulevard) and four Electric Vehicle Charging Stations, associated equipment and infrastructure at Public Works Yard (located at 1726 Wilson Avenue) to be used for City fleet vehicles and City employees' personal vehicles, at their own expense, as part of SDG&E's "Power Your Drive" Program. PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: DEPARTMENT: Engineering/Public Works APPROVED BY: /.' San Diego Gas & Electric Company (SDG&E) has approved the City of National City's application for installation of eight Electric Vehicle (EV) Charging Stations, associated equipment and infrastructure at City Hall (located at 1243 National City Boulevard) and four EV Charging Stations, associated equipment and infrastructure at Public Works Yard (located at 1726 Wilson Avenue) to be used for City fleet vehicles and City employees' personal vehicles, at their own expense, as part of SDG&E's "Power Your Drive" Program. SDG&E will install the EV Charging Stations, associated equipment and infrastructure at no cost to the City. Users will simply sign up for the Power Your Drive application, enter their billing information and then swipe their phone or key fab to begin charging. Users must be a City employee and have a Power Your Drive account with SDG&E to access the EV charging stations. This project directly supports National City's Strategic Plan, General Plan and Climate Action Plan goals of pursuing green initiatives and building a sustainable city. The City's Capital Improvement Program proposes to phase in electric vehicles for the City's fleet beginning in FY 2019. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS SDG&E will install EV Charging Stations, associated equipment and infrastructure at no cost to the City. SDG&E will bill the City for electricity costs associated with EV charging for City fleet vehicles; City employees with Power Your Drive accounts will be billed separately by SDG&E for charging their personal vehicles. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATIOr* Adopt Resolution authorizing the Mayor to execute two separate Real Property License Agreements with SDG&E for the installation of Electric Vehicle Charging Stations at City Hall and Public Works Yard. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Preliminary Design Exhibits 2. Real Property License Agreements 3. Resolution 174 of 279 N_ ...AV- fir. POWER YOUR DRIVE Elettric aka hi b.Yuniul. Site Design Layout For City of National City City Hall WP170006 1243 National City Blvd., National City, CA 91950 Prepared for: Prepared by: soG masti A A' Sernpra Energy tally' November 7, 2017 ASPLUNDR 175 of 279 Chula Vista r 176 of 279 Site Map i= Minnk; Hand Hole 111819073738 Piurru,. rl Ar'rla for EV 1niprt srri i,_r,f, LEGEND: for Preliminary Design Layouts # of New Standard EV Stalls tofNew ADA EVStalls Existing Path of Travel Design Summary: Q New Transf. / Meter lg g New Single/Dual EVcS New Trench line New ADA Path/Loading New EV Stalls (1 ADA Van r l ADA Std4 6 lic 0 .Stalls Lost �a New EV Chargers: • C{chard Type SINGE = 2, DUAL = 3 • Wall Mount SIMai,F = 0, DUAL = 0 1 New 200 Amp Nkter 1 Nilw 15OKVA; 208Y/120 Transformer 270'+/- Trenching Page 4 177 of 279 0 = 1S01 SDVdS 1\1101 ]1,1EPd.41,11:0 rj:t1 1)74 iiiiI:ta1t1 e- Jaik.I 11'2 'I I- Y e. 11, 11,. 1-01.1 .111:9 .11:ta.4 C.4.4,16/10,4,1-talte ot, a) bO ra 0_ dt.u121- \Toy aloH JI 10,3 irkJ' iIMM, WM, AIM i.1.1.10,0 211 Trarrhrairir Site Photos Rii.corts-ultu Curb. kariv 179 of 279 RE" . tip POWER YOR DRIVE Site Design Layout For City of National City Public Works Yard W P 170007 1726 Wilson Ave, National City, CA 91950 Prepared for: MG/ A Scnipra rtlergy May September 21, 2017 December 11, 2107 Prepared by: ASPLUNDE 180 of 279 • r-4 Chula Vista 181 of 279 1 Proposed for EV. lmpro vem e rtt4 LEGEND: for Site Design Layouts Prfrpose[E IVIgter. Exist i HuiP. D21.504� 43-53 150 IA # of New Standard EV Stalls # of New ADA EV Stalls Existing Path of Travel Design Summary: New Transf. / Meter New Sin2te/Dual FMCS New Trench Line New ADA Path/Loading 4 N'eVo EV Stalk,{Q AEiA _ 4:51 fj 0 Stalls Lost New EV Charger's; I olitrdt lyre IN tE = 0, DUA. = t7 - Wail t J FU SFr Xjl {: = 0, DUAL = 2 1 New 00 Amp +aNall foliated 1;wieWt 0 € ew 15OKVA, 20 Y/120 Tr2ns1u{rncr 10D'+,/- Trenching Pale 4 182 of 279 NOTE: This is : REEF application. No ADA Stalls requiref�„ Site Design Layout / Cnrldur: b1+ E_ 111 100'+/- Trench;{ s r (90' in Concretir'} TOTAL SPACES LOST = 0 183 of 279 Site Photos Propos d.EV Std Stalls Rigid Caritut MountEd tii 184 of 279 (A cor Sernpra Ener ,Y ��rsty REAL PROPERTY LICENSE AGREEMENT THIS REAL PROPERTY LICENSE AGREEMENT (this "License"), made and entered into as of , 2018 (the "Effective Date"), by and between CITY OF NATIONAL CITY, a municipal corporation, hereinafter called "Licensor" and SAN DIGO GAS & ELECTRIC COMPANY, a California corporation, hereinafter called "Licensee." This License is entered into pursuant to the online SDG&E's Power Your Drive Program Site Host Participation Application (the "Application"). Except as may be defined herein, capitalized terms used in this License shall have the meanings assigned to them in the Application. Licensor hereby grants to Licensee a license to erect, construct, change the size of, improve, reconstruct, relocate, repair, maintain, and use the following facilities ("Facilities") on the Premises (as described below): 1. Underground facilities, together with aboveground structures consisting of, but not limited to, pad -mounted electrical equipment, and eight (8) electric vehicle charging stations ("EV Stations"), and all appurtenances for the distribution of electricity to the Facilities. 2. Communication facilities, and appurtenances, which can include, Supervisory Control and Data Acquisition (SCADA). The Facilities will be installed within the Premises as Licensee may now or hereafter deem convenient or necessary. Licensee also has the right of ingress and egress, to, from and along the Premises in, upon, over and across the Property (as defined below). Licensee further has the right, but not the duty to clear and keep this Premises clear from explosives, buildings, structures and materials. The Premises are located on the "Property' in the County of San Diego, State of California described as follows: Lots 5 and 6 in Quarter Section 154 of Rancho De La Nacion, according to Map thereof No. 166, filed in the Office of the County Recorder of said County of San Diego. (APN 560-100-03) The "Premises" shall be those strips of land, including all of the area lying between the exterior sidelines, which sidelines shall be three (3) feet, measured at right angles, on each exterior side of all Facilities installed on the Property on or before December 31, 2018. Upon the installation of Licensee's Facilities, Licensor rn.ay survey the location of the Facilities as an "as -built" drawing(s) and prepare a metes and bounds or "center line" description(s) of the actual location of said Facilities, at its sole cost and expense. Licensee shall then prepare an "Amendment to License", s Licensor' " s_b, t" drawing(s)and metes and bounds �� � using r s "as -built" description(s) as a substitute and replacement to the "blanket" description contained in the paragraph above. 185 of 279 sumo - (A a" Sernpra Energy utility In order to provide adequate working space for Licensee, Licensor shall not erect, place or construct, nor permit to be erected, placed or constructed any building or other structure, deposit any materials, plant any trees and/or shrubs or change ground elevation within eight (8) feet of the front of the door or hinged opening of any above ground Facilities (other than the EV Station) and within three (3) feet of the EV Station installed on the Premises. Licensor shall provide at all times, a delineated parking space surrounding each EV Station, so that each EV Station may be accessed and used by an electric vehicle for charging. One (1) space shall be marked for electric vehicles only; and shall he used only while such vehicles are being charged. The remaining seven (7) shall be marked for electric vehicles only, however, such vehicles do not have to be actively charging. Licensor grants to Licensee the right to erect and maintain on the Property adjacent to the Facilities, retaining walls and/or protective barricades as may be necessary for Licensee's purposes. Licensor shall not erect, place or construct, nor permit to be erected, placed or constructed, any building or other structure, plant any tree, drill or dig, on the Premises. Licensor shall not increase or decrease the ground surface elevations on the Premises after installation of Licensee's Facilities, without prior written consent of Licensee. Licensee shall have the right but not the duty, to trim or remove trees and brush along or adjacent to the Premises and remove roots from within the Premises whenever Licensee deems it necessary. Said right shall not relieve Licensor of the duty as owner to trim or remove trees and brush to prevent danger or hazard to property or persons. Licensee shall indemnify, defend, and hold Licensor harmless from and against all losses, damages, or expenses that Licensor may sustain or become liable for that result from the construction or maintenance by Licensee of its Facilities within the Premises. Such indemnification shall include any losses, damages, or expenses arising solely out of negligence or intentional acts of Licensee but excepting any losses, damages, or expenses resulting from the negligent or intentional acts of the Licensor and third parties CONDUITS CARRY HIGH VOLTAGE ELECTRICAL CONDUCTORS, therefore Licensor shall not make or allow any excavation or fill to be made on the Premises WITHOUT FIRST NOTIFYING SAN DIEGO GAS & ELECTRIC COMPANY BY CALLING (619) 696- 2000, and OBTAINING PERMISSION. This License shall be governed by the laws of the State of California. The exclusive venue for any litigation arising from or relating to this License shall be in San Diego County, California. This License shall be binding upon and inure to the benefit of successors, heirs, executors, administrators, permittees, licensees, agents or assigns of Licensor and Licensee. The term of this License shall commence upon the date of execution and if not mutually renewed by both parties, shall have a term of 10 years ("Term"). This License shall remain in full force and effect for the duration of the Agreement and beyond; and may not be revoked or 186 of 279 soE /n Se9 Inril Fpexl' k 4Vlily terminated without express written mutual consent subject to the terms and conditions for termination set forth therein. Upon termination of this License after the expiration of the 10 year term, Licensee shall pay ail costs and expenses to remove the Facilities and Licensee shall restore the Premises to the condition it was at the time of installation of the Facilities. If Licensor terminates this License prior to the end of the Term, Licensor shall pay to Licensee the full cost and sole expense of such removal, which shall include the depreciated cost of the Facilities, including site design and engineering, installation and EV Station costs. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY SAN DIEGO GAS & ELECTRIC COMPANY, a California corporation By: Ron Morrison, Mayor APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney By: Roberto M. Contreras Deputy City Attorney Drawn: BCorbilla Checked: Date: 01/10/2018 (REV) 03/06/2018 Site No: WP170006 Site Name: City of National City — City Hall RW 369044 (Signatures of two corporate officers required) By: [Name], [Title] By: [Name], [Title] 187 of 279 Sempra Energy® March 7, 2018 City of National City Attn: Risk Manager 1243 National City Blvd. National City, CA 91950-43001 Ide: Proof of Self -Insurance To Whom It May Concern: Melissa C. Schoening Insurance & Risk Advisory Analyst Sempra Energy Insurance & Risk Advisory 488 8th Avenue, HQ06 San Diego, CA 92101-3017 inetrance@aempua,00m Please accept this letter as compliance with your request for evidence of self-insurance in accordance with the terms of the above -referenced agreement, as dictated under the terms of the agreement, between San Diego Gas & Electric Company ("SDG&E") and requestor. SDG&E hereby acknowledges that it is permissibly self -insured by the State of California and that the following programs are in full force and effect: Type of Insurance Type of Policy Policy Period Commercial General Liability Self -Insured Continuous Automobile Liability Self -Insured Continuous Workers' Compensation Self -Insured Continuous Any claims resulting from our operations may be referred to: San Diego Gas & Electric Company Attention: Carl Villarreal, Claims Liability Management Manager 8315 Century Park Court San Diego, CA 92123 Should you have any questions or require additional coverage information, please feel free to contact me. cc: L. Rios By its duly authorized representative, /t1el1'C S Melissa C. Schoening Insurance & Risk Advisory Analyst 188 of 279 RESOLUTION NO. 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE TWO SEPARATE REAL PROPERTY LICENSE AGREEMENTS WITH SAN DIEGO GAS & ELECTRIC COMPANY (SDG&E) FOR THE INSTALLATION OF EIGHT ELECTRIC VEHICLE CHARGING STATIONS, ASSOCIATED EQUIPMENT, AND INFRASTRUCTURE AT CITY HALL (LOCATED AT 1243 NATIONAL CITY BOULEVARD) AND FOUR ELECTRIC VEHICLE CHARGING STATIONS, ASSOCIATED EQUIPMENT, AND INFRASTRUCTURE AT THE PUBLIC WORKS YARD (LOCATED AT 1726 WILSON AVENUE) TO BE USED FOR CITY FLEET VEHICLES AND CITY EMPLOYEES' PERSONAL VEHICLES, AT CITY EMPLOYEES' OWN EXPENSE, AS PART OF SDG&E'S "POWER YOUR DRIVE" PROGRAM WHEREAS, San Diego Gas & Electric Company (SDG&E) has approved the City of National City's application for installation of eight (8) Electric Vehicle Charging Stations, associated equipment, and infrastructure at City Hall, located at 1243 National City Boulevard, to be used for City fleet vehicles and City employees' personal vehicles, at City employees' own expense, as part of SDG&E's "Power Your Drive" Program (the "Program"); and WHEREAS, four (4) Electric Vehicle Charging Stations, associated equipment, and infrastructure were also approved and will be installed at the Public Works Yard, located at 1726 Wilson Avenue, to be used for City fleet vehicles and City employees' personal vehicles, at City employees' own expense, as part the Program; and WHEREAS, SDG&E will install the twelve (12) Electric Vehicle Charging Stations, associated equipment, and infrastructure at no cost to the City, however, the City will be responsible for electricity costs associated with Electric Vehicle charging activities; and WHEREAS, the Project directly supports National City's Strategic Plan, General Plan, and Climate Action Plan goals of pursuing green initiatives and building a sustainable city. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Real Property License Agreement with San Diego Gas & Electric Company (SDG&E) for the installation of eight (8) Electric Vehicle Charging Stations, associated equipment, and infrastructure at City Hall, located at 1243 National City Boulevard, to be used for City fleet vehicles and employees' personal vehicles, at City employees' own expense, as part of SDG&E's "Power Your Drive" Program. BE IT FURTHER RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Real Property License Agreement with San Diego Gas & Electric Company (SDG&E) for the installation of eight (8) Electric Vehicle Charging Stations, associated equipment, and infrastructure of four (4) Electric Vehicle Charging Stations, associated equipment, and infrastructure at the Public Works Yard, located at 1726 Wilson Avenue, to be used for City fleet vehicles and employees' personal vehicles, at City employees' own expense, as part of SDG&E's "Power Your Drive" Program. [Signature Page to Follow] 189 of 279 Resolution No. 2018 — Page Two PASSED and ADOPTED this 20th day of March, 2018. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Ron Morrison, Mayor 190 of 279 CC/CDC-HA Agenda 3/20/2018 — Page 191 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving an amendment to the Fiscal Year 2018 salary schedule for the Executive employee group to reflect the City Manager's salary adjustment to $18,656 per month, effective January 27, 2018 in 191 of 279 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 20, 2018 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving an amendment to the Fiscal Year 2018 salary schedule for the Executive employee group to reflect the City Manager's salary adjustment to $18,656 per month, effective January 27, 2018 in accordance with the terms of her City Council approved employment contract as adopted on September 1, 2015. PREPARED BY: Stacey Stevenson PHONE: 336-4308 DEPARTMENT: Human Resources APPROVED BY: EXPLANATION: On September 1, 2015, the City Council of the City of National City approved an amended and restated employment agreement between the City and the incumbent City Manager. The contract as amended, authorized a salary increase from $17,496 per month to $18,656 per month ($223,872, annually) effective January 27, 2018. The purpose of this item is to seek City Council approval of an amended Executive employee group salary schedule for Fiscal Year 2018 reflecting the change in salary for the City Manager. The approval of the amended salary schedule is sought in compliance with current guidelines issued by the California Public Employees Retirement System (Ca1PERS). FINANCIAL STATEMENT: APPROVED: L% ,ea, Finance ACCOUNT NO. APPROVED: MIS Funds were budgeted in 001-403-000-101-0000 ENVIRONMENTAL REVIEW: This is not a project and is therefore not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution approving the amended Fiscal Year 2018 compensation plan for the Executive employee group. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Executive Employee Group Salary Schedule Resolution 192 of 279 City of National City Human Resources Department EXECUTIVE POSITIONS January 27, 2018 POSITION TITLE SALARY BAND (MONTHLY) SALARY BAND (ANNUAL) City Manager $18,656 (Actual Salary) $223,872 City Attorney $16,666.67 (Actual Salary) $200,000 Assistant City Manager - $ 6,249.76 — $ 16,041.67 $ 74,997.12 — $ 192,500.00 Assistant Police Chief $ 11,368.50 — $ 15,000.00 $ 136,422.00 — $ 180,000.00 City Librarian $ 5,363.60 — $ 11,472.86 $ 64,363.20 — $ 137,674.32 Community Development Executive Director' $ 7,288.00 — $ 13,657.88 $ 87,456.00 — $ 163,894.56 Community Services Director $ 7,287.50 — $ 10,687.91 $ 87,450.00 — $ 128,254.92 Deputy City Manager $ 6,249.76 — $ 15,250.00 $ 74,997.12 — $ 183,000.00 Director of Administrative Services $ 5,643.44 — $ 13,087.65 $ 67,721.28 — $ 157,051.80 Director of Building & Safety $ 5,561.82 — $ 10,731.49 $ 66,741.84 — $ 128,777.88 Director of Community Development $ 5,643.44 — $ 12,669.53 $ 67,721.28 — $ 152,034.36 Director of Emergency Services 2 $ 5,946.60 — $ 13,250.55 $ 71,359.20 — $ 159,006.60 Director of Finance $ 5,643.44 — $ 12,480.99 $ 67,721.28 — $ 149,771.88 Director of Housing & Economic Development $ 5,363.60 — $ 11,472.86 $ 64,363.20 — $ 137,674.32 Director of Neighborhood Services $ 5,363.60 — $ 11,472.86 $ 64,363.20 — $ 137,674.32 Director of Planning $ 5,643.44 — $ 13,087.65 $ 67,721.28 — $ 157,051.80 Director of Public Works $ 5,643.44 — $ 12,669.53 $ 67,721.28 — $ 152,034.36 Director of Public Works/City Engineer $ 5,643.44 — $ 12,669.53 $ 67,721.28 — $ 152,034.36 Fire Chief $ 5,946.60 — $ 13,250.55 $ 71,359.20 — $ 159,006.60 Human Resources Director $ 4,862.22 — $ 12,501.50 $ 58,346.64 — $ 150,018.00 Police Chief :' $ 6,541.26 — $ 16,500.00 $ 78,495.12 — $ 198,000.00 Records Management Officer $ 5,462.71 — $ 8,609.78 $ 65,552.52 — $ 103,317.36 Senior Assistant City Attorney $ 7,433.25 — $ 13,575.03 $ 89,199.00 — $ 162,900.36 Effective 01/27/18, Adjusted Salary of City Manager (per Resolution 2015-128, Employment Agreement) Auto Allowance: $300/month, w/exception of Police & Fire Chief who are assigned a City Vehicle. and City Manager & City Attorney. The Assistant City Manager receives $400/month. If residing in National City, the Asst City Manager & CDC Executive Director receive a Housing Differential of $15, 000 per year (per Resolution 2009-100) 2 Director of Emergency Services receives $650 Uniform Allowance annually (per memo dated 08/02/12) 3 Police Chief receives a 2% Bilingual Pay Differential & $750 Uniform Allowance (per employment agreement of 03/22/13) 193 of 279 Compensation Plan (Executive Positions) Revised 01/27/2018 RESOLUTION NO. 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN AMENDMENT TO THE FISCAL YEAR 2018 SALARY SCHEDULE FOR THE EXECUTIVE EMPLOYEE GROUP TO REFLECT THE CITY MANAGER'S SALARY ADJUSTMENT TO $18,656 PER MONTH, EFFECTIVE JANUARY 27, 2018, 1N ACCORDANCE WITH THE TERMS OF HER CITY COUNCIL APPROVED EMPLOYMENT AGREEMENT AS ADOPTED ON SEPTEMBER 1, 2015 WHEREAS, on September 1, 2015, the City Council of the City of National City adopted Resolution No. 2015-128 approving an amended and restated Employment Agreement between the City and the incumbent City Manager; and WHEREAS, the Employment Agreement as amended, authorized a salary increase from $17,496 per month to $18,656 per month ($223,872, annually) effective January 27, 2018, which requires an amendment to the Executive employee group salary schedule for Fiscal Year 2018 (attached hereto as Exhibit "A") to reflect the approved contracted change in salary for the City Manager. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes amending the Executive employee group salary schedule for Fiscal Year 2018 (attached hereto as Exhibit "A") to reflect the City Manager's salary adjustment to $18,656 per month, effective January 27, 2018, in accordance with the terms of her City Council approved Employment Agreement as adopted on September 1, 2015. PASSED and ADOPTED this 20th day of March, 2018. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Ron Morrison, Mayor 194 of 279 City of National City Human Resources Department EXECUTIVE POSITIONS January 27, 2018 POSITION TITLE SALARY BAND (MONTHLY) SALARY BAND (ANNUAL) City Manager $18,656 (Actual Salary) $223,872 City Attorney $16,666.67 (Actual Salary) $200,000 Assistant City Manager - $ 6,249.76 — $ 16,041.67 $ 74,997.12 — $ 192,500.00 Assistant Police Chief $ 11,368.50 — $ 15,000.00 $ 136,422.00 — $ 180,000.00 City Librarian $ 5,363.60 — $ 11,472.86 $ 64,363.20 — $ 137,674.32 Community Development Executive Director' $ 7,288.00 — $ 13,657.88 $ 87,456.00 — $ 163,894.56 Community Services Director $ 7,287.50 — $ 10,687.91 $ 87,450.00 — $ 128,254.92 Deputy City Manager $ 6,249.76 — $ 15,250.00 $ 74,997.12 — $ 183,000.00 Director of Administrative Services $ 5,643.44 — $ 13,087.65 $ 67,721.28 — $ 157,051.80 Director of Building & Safety $ 5,561.82 — $ 10,731.49 $ 66,741.84 — $ 128,777.88 Director of Community Development $ 5,643.44 — $ 12,669.53 $ 67,721.28 — $ 152,034.36 Director of Emergency Services 2 $ 5,946.60 — $ 13,250.55 $ 71,359.20 — $ 159,006.60 Director of Finance $ 5,643.44 — $ 12,480.99 $ 67,721.28 — $ 149,771.88 Director of Housing & Economic Development $ 5,363.60 — $ 11,472.86 $ 64,363.20 — $ 137,674.32 Director of Neighborhood Services $ 5,363.60 — $ 11,472.86 $ 64,363.20 — $ 137,674.32 Director of Planning $ 5,643.44 — $ 13,087.65 $ 67,721.28 — $ 157,051.80 Director of Public Works $ 5,643.44 — $ 12,669.53 $ 67,721.28 — $ 152,034.36 Director of Public Works/City Engineer $ 5,643.44 — $ 12,669.53 $ 67,721.28 — $ 152,034.36 Fire Chief $ 5,946.60 — $ 13,250.55 $ 71,359.20 — $ 159,006.60 Human Resources Director $ 4,862.22 — $ 12,501.50 $ 58,346.64 — $ 150,018.00 Police Chief :' $ 6,541.26 — $ 16,500.00 $ 78,495.12 — $ 198,000.00 Records Management Officer $ 5,462.71 — $ 8,609.78 $ 65,552.52 — $ 103,317.36 Senior Assistant City Attorney $ 7,433.25 — $ 13,575.03 $ 89,199.00 — $ 162,900.36 Effective 01/27/18, Adjusted Salary of City Manager (per Resolution 2015-128, Employment Agreement) Auto Allowance: $300/month, w/exception of Police & Fire Chief who are assigned a City Vehicle. and City Manager & City Attorney. The Assistant City Manager receives $400/month. If residing in National City, the Asst City Manager & CDC Executive Director receive a Housing Differential of $15, 000 per year (per Resolution 2009-100) 2 Director of Emergency Services receives $650 Uniform Allowance annually (per memo dated 08/02/12) 3 Police Chief receives a 2% Bilingual Pay Differential & $750 Uniform Allowance (per employment agreement of 03/22/13) 195 of 279 Compensation Plan (Executive Positions) Revised 01/27/2018 CC/CDC-HA Agenda 3/20/2018 — Page 196 The following page(s) contain the backup material for Agenda Item: Notice of Decision — Planning Commission approval of a Conditional Use Permit and Coastal Development Permit for a gas station and convenience store with beer and wine sales to be located at 724 Civic Center Drive in the Coastal Zone. (Applicant: Stosh Po 196 of 279 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: [March 20, 20181 AGENDA ITEM NO. I ITEM TITLE: ;Notice of Decision — Planning Commission approval of a Conditional Use Permit and Coastal Development Permit for a gas station and convenience store with beer and wine sales to be located at 724 Civic Center Drive in the Coastal Zone. (Applicant: Stosh Podeswik) (Case File 2017-03 CUP, CDP1 PREPARED BY: [Martin Reeder, A1CP1 PHONE: 1619-336-4313 EXPLANATION: [The project applicant has applied for a Conditional Use Permit (CUP) and Coastal Development Permit (CDP) to construct a gas station and convenience store. The project site is an existing 25,466 square -foot gas station property, most recently operated as a metal recycling center, located at 724 Civic Center Drive. The new gas station would have eight fueling stations. The convenience store proposes to sell beer and wine for off -site consumption as well as other grocery items typically sold in convenience stores. The Planning Commission conducted a public hearing on March 5, 2018 on the project. The Commissioners asked questions regarding facility design, conditions of approval, and the future Bayshore Bikeway in this location. The Commission voted to recommend approval of the proposal, with modified alcohol sales hours of 8 a.m. to 12 midnight daily, based on attached findings and Conditions of Approval. The attached Planning Commission staff report describes the proposal in detail DEPARTMENT: [p APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Categorical Exemption — Class 32, Section 15332 (In -Fill Development Projects) ORDINANCE: INTRODUCTION: FINAL ADOPTION: 1U STAFF RECOMMENDATION: [Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION: IT"he Planning Commission recommended approval of the Conditional Use Permit and Coastal Development Permit. Ayes: DelaPaz, Flores, Garcia, Sendt, Quintero, Yamane ATTACHMENTS: 11. Overhead 2. Planning Commission Staff Report 4. Reduced Plans[ Absent: Baca; 3. Resolution No. 2018-03 (a) 197 of 279 2017-03 CUP, CDP — 724 Civic Center Drive — Overhead 198 of 279 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: Case File No.: Location: Assessor's Parcel No.: Staff report by: Applicant: Property owner: Combined General Plan/ Zoning designation: Adjacent land use/zoning: North: East: South: West: Environmental review: Item no. March 5, 2018 CONTINUED PUB -He ---HEARING - eoN-DI IONA_ USE PERMIT AND COASTAL DEVELOPMENT PERMIT FOR A GAS STATION AND CONVENIENCE STORE TO BE LOCATED AT 724 CIVIC CENTER DRIVE IN THE COASTAL ZONE. 2017-03 CUP, CDP Southwest corner of Civic Center Drive and Harbor Drive 559-024-06 Martin Reeder, AICP Stosh Podeswik Golden Sunrise Properties LLC MM-CZ (Medium Manufacturing - Coastal Zone) Harbor Drive & Civic Center Drive interchange / MM-CZ Interstate 5 freeway / OS -CZ (Open Space - Coastal Zone) Interstate 5 off -ramp with industrial beyond / MM-CZ Industrial use across Cleveland Avenue / MM- CZ Categorical Exemption - Class 32, Section 15332 (In -Fill Development Projects) Staff Recommendation: Approve 199 of 279 Planning Commission Meeting of March 5, 2018 Page 2 Staff Recommendation Staff recommends approval of the Conditional Use Permit 4`CUP) and Coastal Development Permit (CDP) for the gas station and convenience store. Staff recommends hours of alcohol sales that are consistent with recent similar approvals. The property has languished and remained vacant for several years. Redevelopment of the property would be a benefit to the surrounding area. BACKGROUND Executive Summary The project applicant has applied for a CUP and CDP to construct a gas station and convenience store. The project site is an existing 25,466 square -foot gas station property, most recently operated as a metal recycling center, located at 724 Civic Center Drive. The new gas station would have eight fueling stations. The convenience store proposes to sell beer and wine for off -site consumption as well as other grocery items typically sold in convenience stores. History This project was originally scheduled for a hearing at the Planning Commission meeting of October 16, 2017. After the posting of the public notice for the item, the applicant requested changes to the application that required additional analysis. In addition, the required community meeting was yet to be held. Staff recommended at that time that the item be continued in order to process the additional information and for the community meeting to occur. The Planning Commission continued the item to a future meeting. Site Characteristics The project site is at the southwest corner of Civic Center Drive and Harbor Drive in the Coastal Zone. The property is generally an island surrounded by roadways. It is at the junction of Harbor Drive and the southbound Interstate 5 on -ramp. The last use of the property was A-1 Alloys Recycling Center. The business is now closed. The lot is shown on the current zoning map as being in the Medium industrial OM) zone, and also within the Coastal Zone (CZ). The most recent Land Use Code Update is not active in the Coastal Zone. This is due to the fact that the necessary changes in the City's Local Cc-ista Pian have not been completed. Therefore, the City's previous 200 of 279 Planning Commission Meeting of March 5, 2018 Page 3 zoning would generally apply. In this case the zone would have been MM-CZ (Medium Manufacturing — Coastal Zone) = essentially the same zone. Proposed Use The applicant is proposing to demolish the existing building and construct a new gas station and a 2,400 square -foot convenience store, including 22 doors of refrigerated product. The site plan for the 25,466 square -foot property shows fifteen parking spaces and four double -sided fuel pumps. The proposal includes the sale of beer and wine, as well other grocery items, which will be displayed in seven of the 22 coolers. The applicant is requesting alcohol sales between the hours of 6:00 a.m. and 2:00 a.m., the maximum permitted by the State. Analysis General Plan The project proposal is located in the Medium Manufacturing (MM) zone, which is designated within the larger industrial district west of Interstate 5. The MM zone establishes intermediate industrial uses in areas in which production and processing activities involve some degree of noise, vibration, air pollution, radiation, glare phenomena, and fire and explosive hazards. The proposed gas station and convenience store are consistent with this definition (provided by the previous General Pleb). Land Use Code (LUC) Under the applicable LUC section, both the gas station and sale of nonautomotive products in excess of 216 cubic feet require issuance of a CUP. In addition, the sale of alcohol also requires a CUP. Chapter 18.98 (Service Stations) includes design guidelines and site development standards for new gas stations. These standards include minimum lot size (15,000 square feet), minimum landscape amount (5% of the lot), and building design and materials, which are discussed below. The proposal is consistent with all requirements of Chapter 18.98. Architecture The proposed architectural style of the convenience store building is modern in nature and features smooth stucco with expansion joints and decorative coving along the 201 of 279 Planning Commission Meeting of March 5, 2018 Page 4 roofline. Colors shown on plans are generally Tight in nature (e.g. white, off white, cream). There is no established architectural style in the surrounding neighborhood; nearby buildings are generally metal industrial buildings in varying stages of maintenance. In addition, the lot is separated from all other properties by the surrounding roadways. In addition to the convenience store building, an awning is proposed that would cover the eight gas pumps. The awning would be approximately the same size as the convenience store building, albeit square rather than rectangular. The colors would be the same as the store. Coastal Zone The project area is not within an area of retained Coastal Commission permit jurisdiction or in an area of appeal jurisdiction. The project site is generally in an area that is exempt from Coastal. Permit requirements (area zoned medium manufacturing north of 24t" Street). However, the requirement for a discretionary permit (CUP) triggers the need for a CDP. As part of this discretionary review, the Planning Commission must find that granting of a CDP is consistent with and implements the Certified Local Coastal Program. The project is compliant with this finding in that it involves a service use, which is conditionally allowed in the MM-CZ zone, and will not prohibit coastal access or obstruct views. Traffic and circulation According to traffic generation rates published by SANDAG (San Diego Association of Governments) a gas station with eight fuel pumps would generate approximately 1,280 average daily trips (ADT). The property is at the junction of Harbor Drive, an arterial street; Civic Center Drive, a collector street; and Interstate 5, a freeway. Based on the City's General Plan, Civic Center Drive east of the project (Harbor Drive to Wilson Avenue) is currently operating below capacity and at a Level of Service of C (A being the highest). The applicant provided a Traffic impact Analysis (TIA), which found that there would be no calculated traffic impacts; therefore, mitigation measures are not required. The total new and diverted trips would equate to 922 ADT, Tess than the estimated 1,280 ADT quoted by SANDAG. This is due to 358 trips being pass by trips (those already driving past the site). 202 of 279 Planning Commission Meeting of March 5, 2018 Page 5 Parking There is no specific parking requirement for a gas station in the LUC. However, a convenience store would need a ratio of one parking space for every 250 square feet of floor area. A store that is 2,400 square feet in size requires 10 parking spaces, which are provided. The site plan shows 15 parking spaces, most of which do not meet the minimum dimension of nine feet wide by 18 feet deep. A condition has been included to ensure that all provided parking spaces meet the minimum dimensions specified in the LUC. This would likely reduce the total number to less than 15. However, there is enough room for the minimum of ten spaces. Bicycle Access The site is adjacent to a probable future portion of the Bayshore Bikeway, which is intended to connect southbound Harbor Drive to McKinley Avenue south of the project site. The bike path segment would pass along the eastern property line of the site and under the southbound off -ramp from Interstate 5 to Civic Center Drive. The bikeway will be predominantly within the Caltrans right-of-way adjacent to the property. However, it is likely that the path will cross through the northwest portion of the property. In that case this area will be needed for construction of the bike path and would ultimately be reserved through easement. The easement area would potentially conflict with some of the proposed parking spaces. Because the site plan provides more than the required number of spaces, the loss due to the bike path will not be an issue. The spaces would ultimately need to be removed or relocated once the bike path is constructed. The developer is aware of the potential path and has agreed to provide room for it. While the exact alignment of the bikeway is not known at this time, it would be prudent to assume that the two uses will be in close proximity. In order to compliment the bikeway, staff suggests that the gas station property include a future bicycle amenity to accommodate passing cyclists, such as bicycle parking. The LUC requires a minimum of one bicycle space per 20 parking spaces for a retail use. A Condition of Approval has been included to include this amenity. California Environmental Quality Act (CEQA) Impacts related to gas stations usually focus on traffic, hazardous materials, and air quality. In the case of this project, the property has historically been a gas station, although more recent use was not related to gasoline sales, but rather metal recycling. Because of the previous uses, only traffic was analyzed. The applicant provided a TIA, which found that there would be no calculated traffic impacts; therefore, the project is 203 of 279 Planning Commission Meeting of March 5, 2018 Page 6 considered categorically exempt from CEQA under Class 32, Section 15332 (In -Fill Development Projects). Beer and wine sales Section 18.30.050 of the LUC allows for on -site alcohol sales with an approved CUP. Additional requirements for alcohol CUPs include expanded notification, a community meeting, and distance requirements. The convenience store would be open 24 hours a day. The proposed hours of alcohol sales are 6:00 a.m. to 2:00 a.m., which is the maximum allowed by the California Department of Alcoholic Beverage Control (ABC). For reference, the most recent gas station and convenience store CUP that included the ;ale of alcohol (Shell at 8th & Palm) had alcohol sales hours of 8:00 a.m. to midnight. Staff recommends alcohol sales that are more consistent with recent approvals. A condition is included to require that coolers with alcohol be locked outside of approved sales hours. Mailing — All property owners and occupants within a distance of 660 feet are required to be notified of a public hearing for alcohol -related CUP applications. Notice of this public hearing was sent to 79 people, 47 occupants, and 32 owners. Community Meetinq — The applicant for a CUP involving the sale of alcohol is required to hold a community meeting pursuant to Section 18.30.050 (C) of the LUC. Such a meeting was held Friday, January 26, 2018 at 3:30 p.m. at the subject location. The meeting advertisement is attached. There were three community members in attendance. Comments involved traffic concerns, the preference of a park instead of a gas station, and concerns over panhandlers, which were prevalent during operation of the previous recycling property at this location. The applicant responded to the questions, citing the traffic study conducted as part of the project, the busy location being inappropriate for a park, and describing business operations. Distance Requirements — Chapter 18.030.050 (D) requires a 660-foot distance from sensitive uses such as schools; however, there are no schools nearby. The nearest school is Kimball Elementary School, which is approximately a third of a mile away on the other side of Interstate 5. Alcohol Sales Concentration/Location -- Per ABC, there are currently five off -sale pemiits issued in the subject census tract (219). Two of the other off -sale licenses are gas stations, and the other three are markets. These permits are: 204 of 279 Planning Commission Meeting of March 5, 2018 Page 7 Name Address License Type* Arco Gas Station 133 W 8th St 20 Valero Gas Station 10 Osborne St 20 One Ten Liquor & Market 110 National City Blvd _ 21 Big B Market 1540 Coolidge Ave 20 Cozine's Grocery 402 Civic Center Dr 21 * Type 20 - Off -Sale Beer and Wine Type 21 - Off -Sale General Census tract 219 is comprised of the whole west side of the City from National City Blvd. to San Diego Bay. The attached census tract map shows the location of the subject tract. ABC recommends that a total of four off -sale alcohol permits be issued in this census tract, where five exist. Although the census tract is over -concentrated, the licenses are spread out over a large geographic area. Police Department (PD) Consistent with recent policy, PD provided a Risk Assessment report on the property. The assessment assigns points based on the type of business, license concentration, and calls for service (among others) and ranks the business according to potential risk (low, medium, or high). In this case, the property received 13 points, which would indicate a medium risk (13-18 points). The Risk Assessment is attached. 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 Responsible Beverage Sales and Service (RBSS) training. This requirement is a standard condition of City Council Policy 707 and is included as a condition of approval. Findings for Approval The Municipal Code pertaining to the Coastal Zone contains required findings for CUPs. There are four required findings, five when the project also involves a CDP: 1. That the site for the proposed use is adequate in size and shape. 205 of 279 Planning Commission Meeting of March 5, 2018 Page 8 The 25,466 square -foot property is in excess of the 15,000 squ are feet required by Section 18.98 of the Municipal Code. Additionally, all buildings an parking spaces can be installed to meet all setback and site design requirements. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the quantity and quality o- traffic generated by the proposed use. The site has direct access to Harbor Drive, an arterial street; Civic Center Drive, a collector street; and interstate 5, a freeway, which can accommodate the additional 1,280 ADT that would be generated by the project. The T!A submitted with this application has shown that the existing street network can function at a Level of Service (LOS) of D or better without the need for mitigation. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties. The project is a use consistent with the MM zone description in the General Plan and will be subject to conditions of approval that ensure safe operation of the business. 4. That the proposed use is deemed essential and desirable to the public convenience or welfare. The project will provide a service in need for local and regional drivers requiring automobile refueling and associated services. The use is consistent with the MM zone description, which is intended for uses in areas in which activities involve some degree of noise, vibration, air pollution, radiation, glare phenomena, and/or fire and explosive hazards. 5. That the granting of this CUP is consistent with and implements the Certified Local Coastal Program. This finding is addressed in the "Coastal Zone" section above. There are two additional conditions of approval related to CEQA compliance and public convenience a.nd necessity for the alcohol sales: 206 of 279 Planning Commission Meeting of March 5, 2018 Page 9 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act. This finding is addressed in the "California Environmental Quality Act (CEQA)" section above. 7. That the proposed use is deemed essential and desirable to the public convenience and necessity. Beer and wine sales will contribute to the viability of the gas station convenience store, an allowed use in the MM zone. Alcohol sales would also add to the convenience of the consumer, in that customers would be able to purchase alcohol at the same outlet that they are purchasing other products and would not need to visit multiple locations. Findings for denial There are also three findings for denial included with this application: 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. The census tract in which the subject property is located is currently over -concentrated with regard to off -sale alcohol outlets. Five off -sale outlets are permitted where four are recommended by the ABC. In addition, the area has a high crime rate. 2. That the proposed use is not deemed essential and desirable to the public convenience and necessity. There are five other off -sale alcohol outlets located in the same census tract as the subject property where alcohol can be purchased, two of which are also gas stations. 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. 207 of 279 Planning Commission Meeting of March 5, 2018 Page 10 Conditions of Approval Comments were received from the Building, Engineering, and Fire departments, as well as Sweetwater Authority. Comments focused on Building and Fire Code requirements, stormwater compliance, drainage, street improvements, and permits. All comments are included as Conditions of Approval. Sweetwater Authority comments focused on fire flow and plan submittal. Public Comment An email was received on October 12, 2017 in response to the previous public hearing notice. The email expressed concerns related to trafiic generated by the project. in December 2017, the Chamber of Commerce submitted a DVD provided by a Chamber member business. The DVD showed the traffic along Harbor Drive during rush hour. Concerns were raised about the project increasing the traffic to beyond prescribed limits. Traffic generation and potential impacts are discussed in the "Traffic and circulation" section of this report. To recap, no impacts are expected based on the traffic study submitted with the project. Summary A gas station and convenience store are conditionally -permitted uses in the MM zone. In addition, any discretionary review requires a CDP. The project meets all design guidelines and development standards of the LUC, and is consistent with the General Plan and Local Coastal Plan. The area in which the business would be located is removed from sensitive uses and has ample access to accommodate the proposed uses on site: As a result, the use is not expected to create any significant impacts_ Alcohol sales are consistent with other commercial businesses in the census tract, including two gas stations. The business will be subject to standard conditions of approval along with those in Council policy 707 related to alcohol sales. The proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. 208 of 279 Planning Commission Meeting of March 5, 2018 Page 11 OPTIONS 1. Approve 2017-03 CUP, CDP subject to the conditions listed below, based on attached findings or findings to be determined by the Planning Commission; or, 2. Deny 2017-03 CUP, CDP based on attached findings or find; ngs to be determined by the Planning Commission; or, 3. Continue the item for further information ATTACHMENTS 1. Recommended Findings 2. Recommended Conditions 3. Overhead 4. Applicant's Plans (Exhibits A and B, Case File No. 2017-03 CUP, CDP, dated 1/27/2018 and 2/27/2018) 5. Public comment and community meeting notice and minutes 6. PD comments 7. Census Tract and Police Beat maps 8. Public Hearing Notice (Sent to 79 property owners and occupants) 9. CEQA Notice of Exemption 10, Resolutions MARTIN REEDER, AICP Principal Planner BRAD RAULSTON Deputy City Manager 209 of 279 RECOMMENDED FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT 2017-03 CUP, CDP — 724 Civic Center Drive 1. That the site for the proposed use is adequate in size and shape, because the 25,466 square -foot property is in excess of the 15,000 square feet required by Section 18.98 of the Municipal Code. Additionally, all buildings and parking spaces can be installed to meet all setback and site design requirements. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry thequantity and quality of traffic generated by the proposed use, because the site has direct access to Harbor Drive, an arterial street; Civic Center Drive, a collector street; and Interstate 5, a freeway, which can accommodate the additional 1,280 ADT that would be generated by the project. The TIA submitted with this application has shown that the existing street network can function at an LOS of D or better without the need for mitigation. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, because the project is a use consistent with the Medium Manufacturing (MM) zone description in the General Plan and will be subject to conditions of approval that ensure safe operation of the business 4. That the proposed use is deemed essential and desirable to the public convenience or welfare, because the project will provide a service in need for local and regional drivers requiring automobile refueling and associated services. The use is consistent with the MM zone description, which is intended for uses in areas in which activities involve some degree of noise, vibration, air pollution, radiation, glare phenomena, and/or fire and explosive hazards. 5. That the granting of this Conditional Use Permit is consistent with and implements the Certified Local Coastal Program, because the project is located within an area generally exempt from a Coastal Development Permit; involves a service use, which is conditionally allowed in the MM-CZ zone; and will not prohibit coastal access or obstruct views. 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 210 of 279 qualifies for a categorical exemption from CEQA under Class 32, Section 15332 (In -Fill Development Projects). 7. That the proposed use is deemed essential and desirable to the public convenience and necessity, because beer and wine sales will contribute to the viability of the gas station convenience store, an allowed use in the MM zone. Alcohol sales would add to the convenience of the consumer, in that customers would be able to purchase alcohol at the same outlet that they are purchasing other products and not needing to visit multiple locations for their needs. 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. RECOMMENDED FINDINGS FOR DENIAL OF THE CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT 2017-03 CUP, CDP — 724 Civic Center Drive 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 off -sale alcohol outlets — five off -sale outlets are permitted where four are recommended by the California Department of Alcoholic Beverage Control — and the area has a high crime rate. 2. That the proposed use is not deemed essential and desirable to the public convenience and necessity, because five other off -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. 211 of 279 RECOMMENDED CONDITIONS OF APPROVAL 2017-03 CUP, CDP — 724 Civic Center Drive General 1. This Conditional Use Permit and Coastal Development Permit authorize a gas station with a convenience store, including the sale of beer and wine. kept as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibits A and B, Case File No. 2017-03 CUP, CDP, dated 1/27/2018 and 2/27/2018. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the awlicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 3. This permit shall become nuii and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in the Land Use Code. 4. Before this Conditional Use Permit and Coastal Development Permit shall becnrna effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit and Coastal Development Permit. The applicant shall also submit evidence to the satisfaction of the City Manager or designee that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conci oil l Use Permit and Coastal Development Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the City Manager or designee prior to recordation. Buildin_ 5. Plans submitted for demolition or construction improvements must comply with the 2016 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. Fhe study should consider the adequacy of the existing storm drain system to convey 212 of 279 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 SWPPP will be required prior to issuing of a construction permit. 9. All surface run-off shall be treated with an approved Standard Urban Runoff Mitigation Plan (SUSMP) Best Management Practice (BMP) for all Priority SUSMP projects. No runoff will be permitted to flow over the sidewalk. Adjacent properties shall be protected from surface run-off resulting from this development. 10. The property owner, or its successors and assigns shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right-of-way. Sprinkler heads shall be adjusted so as to prevent overspray upon the public sidewalk or the street. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner or, its successors or assigns, shall be remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. 11. Metallic identification tape shall be placed between the bottom layer of the finished surface and the top of all irrigation lines in the public right-of-way. 12. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or 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 213 of 279 parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the Nation al Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. A check list for prep aration of the grading plan/drainage plan is available at the Engineering Department. 13. All 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 p oovided on the curb to mark the location of the lateral. 15. Separate street and sewer plans, prepared by a Registered C :tail 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 ❑dress 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 11 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. Specifically all sidewalk and curb and gutter. Sidewalk shall be in accordance with San Diego Regional Standard Drawings (SDRSD) G-7, G-9, G-10 and G-11 curb and gutter shall be 8" and be in accordance with National City Modified SDRSD G-2. 18. T he existing pedestrian ramp(s) at the following Iocations(s) shall be removed and replaced with standard ramp complying with the ADA requirements and the SDRSD G- 29 (Type C) located on the southeasterly comer of Civic Center Drive and Cleveland Avenue. 19. 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. 214 of 279 20. 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. 21. 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. 22.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. 23. NO PARKING zone(s) (red curbing) shall be provided and/or replaced after new curb has been installed. 24. The existing non -operational abandoned pay telephone on Civic Center Drive adjacent to the westerly driveway shall be removed. 25.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. 26.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. 27. The owner/developer shall submit plans to Cal Trans for their review to ensure that any conflicts with State Right of Ways and Facilities are addressed. Fire 28. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC), National Fire Protection Association (NFPA), and California Code of Regulations (CCR). 29. Fire apparatus access roads shall comply with the requirements of Section 5 CFC 2013 and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the building as measured by an approved route around the exterior of the building. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. 30.The required width of emergency fire apparatus access roads shall not be obstructed in any manner, including parking of vehicles. Al! access roads shall be no less than 20 feet wide, no less than 14 feet high and shall have an all-weather road with the ability to support 75 thousand pounds or greater. Where a fire hydrant is located on a 215 of 279 fire apparatus road, the minimum road width shall be 26 feet. A 28 foot turning radius is required for Fire Department access through site. All Fire Dep artment access roads shall be painted and signed to prevent parking in these required designated emergency areas 31. Grade of fire apparatus road shall be within the limits established (15% grade) by the fire code official based on fire department's apparatus. 32.The vapor recovery unit (Healy Tank) shall comply with Chapter 23 section 2306.7.9.1 — 2306.7.9.2.4 of the California Fire Code. Additionally, lot li ~yes and proximity to surrounding properties where Healy Tanks are proposed, shall Beet CFC, NFPA and all City Department requirements_ Please contact the National City Fire Department on required protective enclosure for vapor tank. 33. Underground fuel tank removal and replacement will require permit and inspections from the National City Fire Department. 34. Emergency service access to the trash enclosure shall be maintained at all times for the life of project. 35. Exit signs shall be provided at all required exits: Exit signs shall be green in color per the National City Municipal Code. 36.All fire sprinkler and fire alarm plans shall be submitted directly to the National City Fire Department. 37. Soft drink CO2 dispensing systems require a permit and inspection per the California Fire Code Chapter 53 section 5307 — Systems used in beverage dispensing applications. 38.A 48-hour notice is required for all inspection provided by the National City Fire Department. Planning 39. Plans submitted for construction shall include accommodation for bicycle access along the east property line adjacent to the Interstate 5 southbound on -ramp. In lieu of actual improvements, areas within 20 feet of the curb on the east property line shall be set aside until such time as the Bayshore Bikeway is constructed. This area should be landscaped in the interim period. In the event the bikeway does not require any future easement on the subject property, the area set aside may be converted to parking area subject to Condition Number 41. 40.At minimum, one bicycle parking space shall be installed on the property. Additional spaces to accommodate future bicycle traffic should also be included. 41.AII parking spaces must meet minimum dimensions as stated in the Land Use Code. Standard parking spaces shall be a minimum dimension of nine feet wide by 18 feet 216 of 279 deep. Up to 25% of required parking spaces may be compact in size (eight feet by 16 feet). Excess parking spaces may be located within the future Bayshore Bikeway set - aside area, but shall be removed at such time as the bikeway is constructed. 42.A landscape and underground irrigation plan shall be submitted as part of the construction permitting process. All landscaping and irrigation improvements shall be maintained for the life of the project. 43. Business operations shall comply with Municipal Code Title 12 (Noise) at all times. 44. Plans submitted for construction shall conform to Land Use Code Section 18.42.040 (Screening mechanical equipment and elevator housing) and 18.46 (Outdoor Lighting), and 18.98 (Service Stations). 45. Plans submitted for construction permits shall show that a cover for all trash enclosures be provided. 46.The project will be required to obtain an operation permit from the San Diego County Air Pollution Control District (APCD), which will be subject to National Emission Standards for Hazardous Air Pollutants (NESHAP) and Air Toxic Control Measures (ATCM). 47.Violation of APCD licensing/permitting or any other state licensing department shall be a violation of this Conditional Use Permit and Coastal Development Permit. 48. Any planned exterior propane tank shall be screened in compliance with Land Use Code Section 18.42.040. 49.AII proposed business signage shall be in conformance with Land Use Code requirements. 50. The display of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit B, Case File No. 2017-03 CUP, CDP, dated 2/27/2018. 51. The sale of alcoholic beverages for on -site consumption shall be limited to between the hours of 6:00 a.m. and 2:00 a.m. seven days a week. 52. Coolers containing alcohol products shall be locked and made inaccessible to the public between the hours of 2:00 a.m. and 6:00 a.m. 53.The sale of beer or malt beverages in quantities of quarts, 22-ounce, 32-ounce, 40- ounce, or similar size containers is prohibited. 54. No beer products shall be sold of less than manufacturer's pre -packaged three -pack quantities of 24 ounce cans per sale. There shall be no sale of single cans or bottles. 55. No sale of wine or distilled spirits shall be sold in containers of less than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 217 of 279 56. Flavored malt beverages, also known as premium malt beverages and flavored malt coolers, and sometimes commonly referred to as wine coolers, may be sold only by four -pack or other manufacturer's prepackaged multi -unit quail -Ales. 57.The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant. 58.AII cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be given free of charge. 59. ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge. 60. Pal mil ee shall post signs on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Additionally, the permittee shall post signs, to be approved by the Planning Department, at each entrance to the appiicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be Tess than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed." 61. Containers of distilled spirits may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 62. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 63. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 64.AII 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 Depar.E ent of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a 218 of 279 City business license. As part of the RBSS training, the pemiittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. Sweetwater Authority 65.The property owner must submit a letter to the Authority from the appropriate fire agency stating fire flow requirements. Based on this requirement, new water systems or substantial alteration to the existing water system may be needed. 66.An approved backflow prevention assembly is required for water services serving all commercial developments. Water facilities shall be designed and installed in accordance with the current Sweetwater Authority Design Standards and the Standard Specifications for Construction of Water Facilities. 67.Once a building permit is obtained by the Owner, the Owner shall submit approved stamped plans from the lead agency where the project is located. The approved submittal must include a site plan, floor plan, plumbing plan showing total fixture count, including daily water demands for domestic and irrigation use in gallons per day, and a fire sprinkler plan (if applicable) so that water facilities can be verified. 219 of 279 Martin Reeder From: jacques le friant <jacqueslefriant@msn.com> Sent Thursday, October 12, 2017 10:02 AM To: Martin Reeder Subject case file no 2017-03 cup/Gas Station Follow Up Flag: Flag for follow up Rag Status: Fiagged Dear Sir i have reservations that the traffic situation which is already bad will be made mu ch worse at this location at certain times. i think that this should be part of the process to address this. ii am sure you consider this but should i go to this upcoming hearing to comment if this needs to be addressed later. Best Regards jacques le friant 705 Civic Center Dr 1212 Mc Kinley Ave 619 477 7390 220 of 279 MARTIN SAMO P.O. Bo 21041 EL CAJON, CA 92021 You are invited to attend a: MEETING Date: FRIDAY, JANUARY 26, 2018 Time: 3:30PM TO 4:30PM ADDRESS: 724 Civic Center Drive National City, CA 91950 This meeting is to inform citizens of a use permit application that has been filed for the service of beer and wine at a new Gas Station/Convenient Store that when opened it may be called 7-eleven,Arco,Circle K, Chevron or Shell. We are looking forward to meeting you and discussing any concerns or questions you may have regarding this proposed Gas Station/Convenient Store operations. It you can't attend the meeting, or if you have any questions before then, please feel free to contact Martin Sarno, the Applicant's representative at (619) 654-3828 or via email at martvsamo@gmail.com This notice is being sent to you in fulfillment of the City of National City requirements. This outreach effort to our neighbors is necessary because on application for development or use has been filed with the City of National City Planning Department. 221 of 279 Civic Center proposed Gas Station/Convenient Store operations Community Meeting When: 1/26/2018, 03:30-04:30 pm. Where: 724 Civic Center Dr. National City CA 91950. Meeting was coordinated and managed by Martin Samo (they Applicant's representative). 1. Meeting held at the aforementioned date and time as scheduled on the community meeting notice mailed to surrounding occupants. 2. During the meeting time, three community members showed up, and discussed the results of developing the current status of the site into a new gas station/C store. 3. First person showed up was an occupant in 1305 Harc`ing Ave, National City CA 91950, this gentleman mentioned that the only concern he has is the additional traffic this proposed project will create, he was informed that there is a professional traffic engineer that is working on this matter along with the City's traffic engineer, the forecasted impact is within the acceptable ranee, 4. Second community member showed up was an occupant in 1315 Harding Ave National City CA 91950, this lady mentioned that there existence of a gas station in the area, and she will prefer to have a children park, we explained how the location and traffic will make it hard to have a children park in that location. 5. The third and last community member showed up to the meeting was Mr. Paul, an occupant at 1593 McKinley Aye National City CA 91950, he asked what the developer wants to do, also he expressed that he doesn't want to have "pan handlers" to be around since they were highly observed when the recycling center was operating in the area, Mr. Paul stated that he lived in the area since the Sixties and he is happy to have this site redeveloped and a new gas station/C store will be built. 6. 04:35 pm meeting over and the Applicant's representative left the property. 222 of 279 NATIONAL CITY POLICE DEPARTMENT ALCOHOL BEVERAGE CONTROL RISK ASSESSMENT DATE: 03/07/2017 BUSINESS NAME: 7-Eleven ADDRESS: 724 Civic Center Drive, National City, CA 91950 O`NNERNAME:Amad Yelda Attisha DOB: 1UN/ 1 969 OWNER ADDRESS: 1741 Sea Pines Road, El Cajon, CA 92019 (add additional owners on page 2) I. Type of Business Restaurant (1 pt) 1 Market (2 pts) Bar/Night Club (3 pts) Tasting Room (lpt) II. Hours of Operation Daytime hours (1 pt) Close by 11pm (2 pts) Close after 11pm (3 pts) III. Entertainment Music (1 pt) Live Music (2 pts) Dancing/Live Music (3 pts) 1 No Entertainment (0 pts) IV. Crime Rate Low (1 pt) Medium (2 pts) 1 High (3. pts) V. Alcohol Businesses per Census Tract Below (1 pt) Average (2 pts) Above (3 pts) Revised: 8/16 Noes: Alcohol Businesses per Census Tract / Over saturation. Crime Rate High for Beat 24 223 of 279 National City Police Dep`ient ABC Risk Assessment VI. Calls for Service at Location (for previous 6 months) 1 Below (1 pt) Average (2 pts) Above (3 pts) VII. Proximity Assessment (1/4 mile radius of location) I Mostly commercial businesses (1 pt) Some businesses, some residential (2 pts) Mostly residential (3 pts) VIII. Owner(s) records check No criminal incidents (0 pts) Minor criminal incidents (2 pts) Multiple/Major criminal incidents (3 pts) Low Risk ( 12pts or less) Medium Risk (13— 18pts) High Risk (19 — 24pts) Total Points 13 OWNER. NAME: DOB: OWNER ADDRESS: OWNER NAME: DOB: OWNER ADDRESS: Recommendation: Completed by: Shephard Revised: 8116 2 of 2 Badge ID: 4.02 224 of 279 12 -.1 '% t:%7 ;' «�r1'• 41f .S♦- .. August 25, 2014 CensusTracts 2010 1:45,467 0 0.375 0.75 1.5 mi e 0 0.5 1 2 km Sources: Esrl, HERE, Oetanne, TomTan, Intirmap, increment P Corp., GEBCO, USGS, FAO, PPS, N2CAN, GeoSase, IGN, Kadester FL, Ordnance Ivey, Earl Japan, MEfI, Esri Cline (Hong Kong), swisstopo, Mapmylndla, OparStreelMapmnbibupxs,and the GlSUser Cor munity 225 of 279 ..-• - nOCOPidt ,e- • - Copyright° nner(P) M,oc1t Cannnatinn andfor Its aupplfers All *vs ninelynkPodknr011190-2005 In B Clutaln mapping and-dizednin n01102005 NAVTE-0. An tights revved. NAWKand BARD ;WPM Tgln, NO* AntiggpAnis u! !Bs Notlh Ame • 411.Ex-.d.a 11.• Source: Microsoft Mappoint NCPD CAU, 4/18/07 City of National City Beat 24 226 of 279 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF CONTINUED PUBLIC HEARING CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT FOR A GAS STATION AND CONVENIENCE STORE TO BE LOCATED AT 724 CIVIC CENTER DRIVE IN THE COASTAL ZONE. CASE FILE NO.: 2017-03 CUP, CDP APN: 559-024-06 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, March 5, 2018, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request (Applicant: Stosh Podeswik). The applicant is proposing to demolish the existing building and construct a new gas station and 2,400 square -foot convenience store. The 25,466 square -foot property would have up to12 parking spaces and four double -sided fuel pumps. Information is available for review at the City's Planning Department, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Department on or before 12:00 p.m., March 5, 2018, who can be contacted at 619-336-4310 or p_ tanning a©nationalcityca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DEPARTMENT Deputy City Manager 227 of 279 CITY OF NATIONAL CITY - PLANNING DEPARTMENT` 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91 :950 NOTICE OF EXEMPTION TO: Assessor/Recorder/County Clerk Attn: Fish & Wildlife Notices 1600 Pacific Highway, Room 260 San Diego, CA 92101 MS: A-33 Proiect Title: 2017-03 CUP, CDP Project Location: 724 Civic Center Drive, National City, CA 91950 Lead Apencv: City of National City Contact Person: Martin Reeder Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Pro'ect: Conditional Use Permit and Coastal Development Permit for a gas station and 2,400 square -foot convenience store at a site previously developed with a gasoline service station. Applicant Name and Address: Stosh Podeswik 4682 Nebo drive La Mesa, CA 91941 Exempt Status: Telephone Number: (619) 246-9044 Email Address: stoshastoshthomas.com ® 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 since construction of the gas station and convenience store will replace an existing gas service station. In addition a Traffic Impact Ana#ysis prepared for the proposal found that there would be no calculated traffic impacts; therefore, mitigation measures are not required. Date: MARTIN REEDER, AiCP Principal Planner 228 of 279 RESOLUTION NO. 2018-03 (a) A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT FOR A GAS STATION AND CONVENIENCE STORE TO BE LOCATED AT 724 CIVIC CENTER DRIVE IN THE COASTAL ZONE. APPLICANT: STOSH PODESWIK. CASE FILE NO. 2017-03 CUP, CDP APN: 559-024-06 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit and Coastal Development Permit for a gas station and convenience store to be located at 724 Civic Center Drive in the Coastal Zone at duly advertised public hearings held on October 16, 2017 and March 5, 2018, 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. 2017-03 CUP, CDP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California that the testimony and evidence presented to the Planning Commission at public hearings held on October 16, 2017 and March 5, 2018 support the following findings: 1. That the site for the proposed use is adequate in size and shape, because the 25,466 square -foot property is in excess of the 15,000 square feet required by Section 18.98 of the [previous] Municipal Code. Additionally, all buildings and parking spaces can be installed to meet all setback and site design requirements. 2. That the site has sufficient access, because the site has direct access to Harbor Drive, an arterial street; Civic Center Drive, a collector street; and Interstate 5, a freeway, which can accommodate the additional 1,280 ADT that would be generated by the project. The TIA submitted with this application has shown that the existing street network can function at an LOS of D or better without the need for mitigation. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, because the project is a use consistent with the Medium Manufacturing (MM) zone description in the General Plan and will be subject to conditions of approval that ensure safe operation of the business 229 of 279 4. That the proposed use is deemed essential and desirable to the public convenience, because the project will provide a service in need for Ioca and regional drivers requiring automobile refueling and associated services. The use is consistent with the MM zone description, which is intended for uses in areas in which activities involve some degree of noise, vibration, air pollution, radiation, glare phenomena, and/or fire and explosive hazards. 5. That the granting of this Conditional Use Permit is consistent with and implements the Certified Local Coastal Program, because the project is located within an area generally exempt from a Coastal Development Permit; involves a service use, vRhich is conditionally allowed in the MM-CZ zone; and will not proh ibit coastal access or obstruct views. 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 qualifies for a categorical exemption from CEQA under Class 32, Section 15332 (in - Fill Development Projects). 7. That the proposed use is deemed essential and desirable to the public convenience and necessity, because beer and wine sales will contribute to the viability of the gas station convenience store, an allowed use in the MM zone. Alcohol sales would add to the convenience of the consumer, in that customers would be able to purchase alcohol at the same outlet that they are purchasing other products and not needing to visit multiple locations for their needs. 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 and Coastal Development Permit is approved subject to the following conditions: General 1. This Conditional Use Permit and Coastal Development Permit authorize a pas station with a convenience store, including the sale of beer and wine. Except as required by conditions of approval, ail plans submitted for permits associated with the project shall conform to Exhibits A and B, Case File No. 2017-03 CUP, CDP, dated 1/27/2018 and 2/27/2018. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711 A 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 230 of 279 made payable to the County Clerk and submitted to the National City Planning Department. 3. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in the Land Use Code. 4. Before this Conditional Use Permit and Coastal Development Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit and Coastal Development Permit. The applicant shall also submit evidence to the satisfaction of the City Manager or designee that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit and Coastal Development Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the City Manager or designee prior to recordation. Building 5. Plans submitted for demolition or construction improvements must comply with the 2016 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 231 of 279 Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP vi ill be required prior to issuing of a construction permit. 9. All surface run-off shall be treated with an approved Standard U rban Runoff Mitigation Plan (SUSMP) Best Management Practice (BMP) for al! Priority SUSMP projects. No runoff will be permitted to flow over the sidewalk. Adjacent properties shall be protected from surface run-off resuiting from this development. 10. The property owner, or its successors and assigns shall be responsible for the maintenance, repair, or reconstruction of ail irrigation and landscaping improvements installed within the public right-of-way. Sprinkler heads shall be adj:.rsted so as to prevent overspray upon the public sidewalk or the street. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City The property owner or, its successors or assigns, shall be remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. 11 Metallic identification tape shall be placed between the bottom layer of the finished surface and the top of all irrigation lines in the public right-of-way. 12. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. Aii necessary measures for prevention of storrn 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 let, 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 rzrivate 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. All 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 5-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 a Registered Civil Engineer, shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. 232 of 279 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 [dress 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 ll 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. Specifically all sidewalk and curb and gutter. Sidewalk shall be in accordance with San Diego Regional Standard Drawings (SDRSD) G-7, G-9, G-10 and G-11 curb and gutter shall be 8" and be in accordance with National City Modified SDRSD G-2. 18. The existing pedestrian ramp(s) at the following locations(s) shall be removed and replaced with standard ramp complying with the ADA requirements and the SDRSD G-29 (Type C) located on the southeasterly comer of Civic Center Drive and Cleveland Avenue. 19. 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. 20. 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. 21. 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. 22. 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. 23. NO PARKING zone(s) (red curbing) shall be provided and/or replaced after new curb has been installed. 24. The existing non -operational abandoned pay telephone on Civic Center Drive adjacent to the westerly driveway shall be removed. 25. 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 233 of 279 services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. 26. 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. 27. The owner/developer shall submit plans to Cal Trans for their review to ensure that any conflicts with State Right of Ways and Facilities are addressed. Fire 28. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC), National Fire Protection Association (NFPA), and California Code of Regulations (CCR). 29. Fire apparatus access roads shall comply with the requirements of Section 5 CFC 2013 and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the building as measured by an approved route around the exterior of the building. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. 30. The required width of emergency fire apparatus access roads shall not be obstructed in any manner, including parking of vehicles. All access roads shall be no less than 20 feet wide, no less than 14 feet high and shall have an all-weather road with the ability to support 75 thousand pounds or greater. Where a fire hydrant is located on a fire apparatus road, the minimum road width shall be 26 feet. A 28 foot turning radius is required for Fire Department access through site. All Fire Department access roads shall be painted and signed to prevent parking in these required designated emergency areas 31 Grade of fire apparatus road shall be within the limits established (15% grade) by the fire code official based on fire department's apparatus. 32. i he vapor recovery unit (Healy Tank) shall comply with Chapter 23 section 2306.7.9.1 — 2306.7.9.2.4 of the California Fire Code. Additionally, lot lines and proximity to surrounding properties where Healy Tanks are proposed, shall meet CFC, NFPA and all City Department requirements. Please contact the National City Fire Department on required protective enclosure for vapor tank. 33. Underground fuel tank removal and replacement will require permit and inspections from the National City Fire Department. 34. Emergency service access to the trash enclosure shall be maintained at all times for the life of project. 35. Exit signs shall be provided at all required exits. Exit signs shall be green in color per the National City Municipal Code. 234 of 279 36. All fire sprinkler and fire alarm plans shall be submitted directly to the National City Fire Department. 37. Soft drink CO2 dispensing systems require a permit and inspection per the California Fire Code Chapter 53 section 5307 — Systems used in beverage dispensing applications. 38. A 48-hour notice is .required for all inspection provided by the National City Fire Department. Planning 39. Plans submitted for construction shall include accommodation for bicycle access along the east property line adjacent to the Interstate 5 southbound on -ramp. In lieu of actual improvements, areas within 20 feet of the curb on the east property line shall be set aside until such time as the Bayshore Bikeway is constructed. This area should be landscaped in the interim period. In the event the bikeway does not require any future easement on the subject property, the area set aside may be converted to parking area subject to Condition Number 41. 40. At minimum, one bicycle parking space shall be installed on the property. Additional spaces to accommodate future bicycle traffic should also be included. 41. All parking spaces must meet minimum dimensions as stated in the Land Use Code. Standard parking spaces shall be a minimum dimension of nine feet wide by 18 feet deep. Up to 25% of required parking spaces may be compact in size (eight feet by 16 feet). Excess parking spaces may be located within the future Bayshore Bikeway set - aside area, but shall be removed at such time as the bikeway is constructed. 42. A landscape and underground irrigation plan shall be submitted as part of the construction permitting process. All landscaping and irrigation improvements shall be maintained for the life of the project. 43. Business operations shall comply with Municipal Code Title 12 (Noise) at all times. 44. Plans submitted for construction shall conform to Land Use Code Section 18.42.040 (Screening mechanical equipment and elevator housing) and 18.46 (Outdoor Lighting), and 18.98 (Service Stations). 45. Plans submitted for construction permits shall show that a cover for all trash enclosures be provided. 46. The project will be required to obtain an operation permit from the San Diego County Air Pollution Control District (APCD), which will be subject to National Emission Standards for Hazardous Air Pollutants (NESHAP) and Air Toxic Control Measures (ATCM). 47. Violation of APCD licensing/permitting or any other state licensing department shall be a violation of this Conditional Use Permit and Coastal Development Permit. 235 of 279 48. Any planned exterior propane tank shall be screened in compliance with Land Use Code Section 18.42.040. 49. All proposed business signage shall be in conformance with Land Use Code requirements. 50. The display of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit B, Case File No. 2017-03 CUP, CDP, dated 2/27/2018. 51. The sale of alcoholic beverages for on -site consumption shall be limited to between the hours of 8:00 a.m. and 12:00 a.m. seven days a week. 52. Coolers containing alcohol products shall be locked and made inaccessible to the public between the hours of 12:00 a.m. and 8:00 a.m. 53. The sale of beer or malt beverages in quantities of quarts, 22-ounce, 32-ounce, 40- ounce, or similar size containers is prohibited. 54. No beer products shall be sold of less than manufacturer's pre -packaged three -pack quantities of 24 ounce cans per sale. There shall be no sale of single cans or bottles. 55. No sale of wine or distilled spirits shall be sold in containers of less than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 56. Flavored malt beverages, also known as premium malt beverages and flavored malt coolers, and sometimes commonly referred to as wine coolers, may be sold only by four -pack or other manufacturer's prepackaged multi -unit quantities. 57. The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant. 58. Ail cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be given free of charge. 59. Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge. 60. Permittee shall post signs on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Additionally, the permittee shall post signs, to be approved by the Planning Department, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed.' 236 of 279 61. Containers of distilled spirits may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 62. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 63. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 64. 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. Sweetwater Authority 65. The property owner must submit a letter to the Authority from the appropriate fire agency stating fire flow requirements. Based on this requirement, new water systems or substantial alteration to the existing water system may be needed. 66. An approved backflow prevention assembly is required for water services serving all commercial developments. Water facilities shall be designed and installed in accordance with the current Sweetwater Authority Design Standards and the Standard Specifications for Construction of Water Facilities. 67. Once a building permit is obtained by the Owner, the Owner shall submit approved stamped plans from the lead agency where the project is located. The approved submittal must include a site plan, floor plan, plumbing plan showing total fixture count, including daily water demands for domestic and irrigation use in gallons per day, and a fire sprinkler plan (if applicable) so that water facilities can be verified. 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. 237 of 279 CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of March 5, 2018, by the following vote: AYES: Yamane, Sendt, Garcial Flores, Dela Paz, Quintero NAYS: None. ABSENT: Baca ABSTAIN: None CHAIRPERSON 238 of 279 CLEVELANO AVENUE ISd TRASH ENCLOSURE a COVEN ENT STORE 724 CIVIC CENTER DRIVE NATIONAL CITY, CA. 92117 CIVIC CENTER DRIVE ARCHITECTURAL SITE PLAN RAMP FROM INTERSTATE 5 EXHIBIT: A - CASE FILE NO.: ton -03 cue, (-AP DATE: /!z70o/g ea CUP 2017-03 PROJECT DATA FiklEtTMXIM AlENCOMIMill 041R! IOLOLIMIMIEM KIIRRIMI ND uc anggrX Rue bw BRA' arIMOaowAm LEINUESOFTES mrom arm P.n,Rn.A hIfla t IDTE aRIR1AMIC PROPOSED; Rnmura TOM cAeeln twoee IVINIUMPAATIN rtd•CO worm novae Is ence, IOTOO{BICK wYAI4nw1 ?NM CCEIPANY man WarastaQ10Lcte +GOFNN.111.1b.ltmcrgl A t.14910/16111.16w1mic•-•mq mom 4C E Oft Ilan CCOPAACYCTOCP. ODBMBIBMTIVE 1Ra▪ 1lem NON VI CCEmmWR . OOEETVat iriaSqlke PROJEtf SCOPE INEAMOMTm1OEEORTIRI 1 OR fattmcmlw.la.wa.ww0031EN6 UMPROI Iw111NwtIYBWMI PROJECT TEAM NUMMI CM. ENEMA ▪ IpWwA1/f 111tf1MomalAat! 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AL LwEeicAPE VerenaPil MILcaMOlN1 To Tile cmorrc usoaosoopc RB0{MTaNl. TIE INE oore.oPla bAlUsoVe IMMIX L MtlMBIaiQALL PsaAlao LNOSIVEMFAeeFNLLReMITAMM aY owmi1. TIELMMISEMUM BM/ BEMAPMCAN®PilEorCOMM, LRTFRNOMS NAIR Mgr0.1./my. wsuomatiamhiL11104.11ii OIW10=cola, gem. W HIM FIN INTER LNIIII entrACICMLYTAIWEDaR R4IAClOPER 11Ec errialE aTIE mem 1 WIneN. ReQUIREIMMMII0 NE. OWL AQWIo®MIH MIReMTVAWN DBRI or a Noe®.173 eIDR.amaitEOaeeATONNWAVAIRAitl moue ruaA MJ AK ALL EDe Ls ARDOWTEafiTATCMW 61LAL2OlAQee Ma[tlm ro INe Warm rem. w OPNOPY IMES NWL15 Rims. W7O ee FLOP RcorialeOO e1AMI®M MIMI MOWER PHMPAR IN APeNEAMEMN.dIAMMO14WOMaPT1YM71 owl laire t (0:004I01.0dLk3;iattPRINAIMIE14 fRiaNk PULEONThat 5FEET aNAM anRartamm istemma vaukmafmwelfmtZrOLUSeRanifil twtsT ae'ntoVamRaAIC PLIceb MA:MT°ege]IMatfEPRXcRIAI EPAWILNOTITMMPmo AR:001M KC? BALL ROOT WIRERS eMMLES INIZAMERai SQUALL G. mom is nzavorleaLem2MNE1NMOMELMEaMPEIMTLOPMTNEMOWEdiraPART, MAIGLIM'. nom. mIRN41 T. ALLIAICeoweARena MYLLLxeMeNdMoe101EEeflERodOtNOENNArt IAa'N2 BRAU ENW RCNEUIDIM EI. L I14,1canu4 AN oe1QBiT. Al11oIMTC. Ie•^+i^yeY OONf 01.1EDARM1TPN MnTBINWI Be inimmf AB Rama) FOR PROPER REaATPN, OC OPIEKAlp ILVEIBWRS OFT% 1CeeMT1n1NAIEM.TN,a EONORIW.TNE MOM oF &SSWWel PEOMOEPOSCPATEaliveAT FOR THE \aa AXIMSF IOND.TInmJPw DMAXAA10, S MTNNWLxAcalamATIONEWPOPLoePRMADAMORatMe W U Z 0 U co xema oat maw .1.80/111 .e a 7 245 of 279 DOORS 14 IS WHERE COHOL PRODUCTS W L SE DISPLAYED CASE FILE NO.: Zdl?-0 3 C. r c D P DATE: 2C2?%loft 246 of 279 CC/CDC-HA Agenda 3/20/2018 — Page 247 The following page(s) contain the backup material for Agenda Item: Notice of Decision — Planning Commission approval of a Zone Variance to waive the minimum street wall requirement for a multi -family development located at 1628 Orange Street. (Applicant: Keith Robinson) (Case File 2017-27 Z) (Planning) 247 of 279 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 20, 2018 I AGENDA ITEM NO. I DEPARTMENT: Planni PHONE: 019-336-4381 ITEM TITLE: Notice of Decision — Planning Commission approval of a Zone Variance to waive the minimum street wall requirement for a multi -family development located at 1628 Orange Street. (Applicant: Keith Robinson) (Case File 2017-27 Z)1 PREPARED BY: Chris Stanley C5 APPROVED BY: EXPLANATION: [The project applicant has applied for a Zone Variance to waive the minimum street wall requirement for a proposed multi -family development consisting of four buildings containing 40 bedrooms. Each building would have common kitchen, living, and open space areas. The use itself is permitted by right; only the street wall is the subject of this request. The minimum street wall in the MXC-1 zone is 75% of the street frontage. The Planning Commission conducted a public hearing on March 5, 2018. Commissioners asked questions regarding traffic, neighborhood compatibility, and housing options. Seven residents spoke in opposition to the project citing concerns with traffic, parking, and neighborhood compatibility. The Commission voted to recommend approval of the Zone Variance based on attached findings and Conditions of Approval. The attached Planning Commission staff report describes the proposal in detail. FINANCIAL STATEMENT: ACCOUNT NO. I APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Categorical Exemption — Class 32, Section 15332 (in -Fill Development Projects) ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: !Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION: [The Planning Commission recommended approval of the Zone Variance. Ayes: Yamane, Sendt, Garcia, Quintero Noes: Flores, Dela Paz Absent: Baca ATTACHMENTS: 11. Overhead 3. Resolution No. 2018-04 (a) 2. Planning Commission Staff Report 4. Reduced Plan 248 of 279 2017-27 Z —18 8 Orang treet — Overhead 249 of 279 Item no. Title: March 5, 2018 C�� b 38 ,` o8 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT PUBLIC HEARING - ZONE VARIANCE FOR THE WAIVER OF MINIMUM STREET WALL REQUIREMENTS FOR A PROPERTY LOCATED AT 1628 ORANGE STREET. Case File No.. 2017-27 Z Location: West side of the Orange Street cul-de-sac located south of East 16th Street Assessor's Parcel No.: 561-160-16 Staff Report By: Chris Stanley, Planning Technician Applicant/Owner: Keith Robinson Zoning Designation: Minor Mixed -Use Corridor (MXC-1) Adjacent Land Use/Zoning: North: Small Lot Residential / RS-2 East: Minor Mixed -Use Corridor / MXC-1 South: Minor Mixed -Use Corridor / MXC-1 West: Minor Mixed -Use Corridor / MXC-1 Environmental Review: Categorical Exemption — Class 32, Section 15332 (In - Fill Development Projects) Staff Recommendation: Approve 250 of 279 Planning Commission Meeting of March 5, 2018 Page 2 Staff Recommendation Staff recommends approval of the proposed multi -family development in the MXC-1 zone. The property lacks useable street frontage, making it impossible for any project proposed for this site to meet the development requirement of a 75% minimum street wall. Denial of the Zone Variance would assure that the site will continue to remain undeveloped. The proposal is consistent with all required findings of approval and would be consistent with all other regulations. BACKGROUND Executive Summary The project applicant has applied fora Zone Variance to waive the minimum street wall requirement for the proposed multi -family development. The minimum street wall in the MXC-1 zone is 75% of the street frontage. Site Characteristics The 21,700 square -foot lot is located on the west side of Orange Street and south of East 16th Street on a cul-de-sac in the MXC-1 (Minor Mixed -Use Corridor) zone. The property is 108.50 feet wide and 200 feet deep. The property is accessed via an easement from Orange Street that is considered a public street. The easement is 30 feet in width and has the appearance of a driveway. The subject lot is currently undeveloped. Proposed Use The applicant is proposing to construct four multi -family dwelling units of approximately 4;500 to 5,000 square feet each, Eaoh riwellln2 include a common area consisting of a kitchen, dining, and recreational area, as well as 10 bedrooms. Each bedroom has a closet and bathroom and measures approximately 200 to 250 square feet in size. The units also include storage, parking, outdoor patios, and roof decks. The site plan shows 37 on -site parking spaces (24 covered and 13 uncovered) and 3,992 square feet of open space. Analysis The Land Use Code (LUC) requires development in the MXC-1 Zone to have a minimum street wall of 75%. The intent of this requirement is to ensure that a project in a mixed -use zone is pedestrian -friendly and inviting to passersby. Because the lot only has street frontage on an easement, it is not possible for a project proposed at this site to comply with this requirement. Enforcing the 75% requirement would leave a driveway that would not meet the minimum single- 251 of 279 Planning Commission Meeting of March 5, 2018 Page 3 vehicle driveway width of 12 feet. A Fire Department -compliant driveway of 20 feet is required in this case. The only way for a project to proceed is if the street wall requirement is waived. Findings for Approval Three specific findings must be made in order to approve a Zone Variance request: 1. The lot is affected by special circumstances, including size, shape, or topography, that deprive the lot of the ability to develop per the LUC as others have in the area. In this case the property has no useable street frontage and therefore cannot meet the street wall requirement. If the street wall minimum was enforced on the 30-foot wide access road, only seven and a half feet would remain for vehicle access. 2. That granting of the Variance does not constitute a granting of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. In this case no other property in the same neighborhood and zone were required to have a minimum street wall. This is primarily because the 75% street wall requirement was only enacted upon the creation of the MXC-1 zone in 2011. 3. That the Variance does not authorize a use that is not otherwise allowed in the zone. The proposed use of the property for multi -family residences is consistent with the mixed -use zoning requirement. Finding for Denial One finding for denial is also included as follows: 1. Although the property is currently zoned for mixed -use, the surrounding properties are single-family dwellings. Granting the variance would permit a project that does not fit in with the character of the neighborhood. The mixed - use zone is supposed to allow for walkable projects, but with a lack of street frontage, waikability would not be met with the proposed project. 252 of 279 Planning Commission Meeting of March 5, 2018 Page 4 Conditions of Approval Comments were received from the Engineering Department regarding requirements for drainage, storm water, sewage, and the use of the City street. Comments were also provided by the Fire Department regarding fire code, back - flow, and fire vehicle access. The Building Department requires that the project meet building code. Comments from all departments are included as Conditions of Approval. California Environmental Quality Act (CEQA) The project would qualify as exempt under Class 32, Section 15332 (In -Fill Development Projects). The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. The project is consistent with the applicable general playa designation and policies, zoning designation and regulations, and will not affect endangered, rare, or threatened species. Summary Because of the property's lack of useable street frontage, it is not possible for a project proposed for this site to meet the development requirement of a 75% minimum street wall. If a Variance for this property is denied, the site will continue to remain undeveloped. The proposal is consistent with all required findings of approval and would be consistent with all other regulations. 253 of 279 Planning Commission Meeting of March 5, 2018 Page 5 OPTIONS 1. Approve 2017-27 Z subject to the conditions listed below, based on the attached findings, or findings to be determined by the Planning Commission; or 2. Deny 2017-27 Z based on the attached finding or findings to be determined by the Planning Commission; or, 3. Continue the item to a specific date in order to obtain additional information. ATTACHMENTS 1. Recommended Findings 2. Recommended Conditions of Approval 3. Overhead 4. Applicant's Plans (Exhibit A, Case File No. 2017-27 Z, dated 1/23/2018) 5. Public Hearing Notice (Sent to 130 property owners and occupants) 6. CEQA Notice of Exemption 7. Resolutions CHRIS STANLEY BRAD RAULSTON Planning Technician Deputy City Manager 254 of 279 RECOMMENDED FINDINGS FOR APPROVAL 2017-27 Z, 1628 Orange Street 1 Because of special circumstances applicable to the property, including size, shape, or topography, the strict application of Title 18 of the Mur,icipal Code (Zoning) deprives such property of privileges enjoyed by other properties in the vicinity and under the identical zone classification. In this case the property has no useable street frontage and therefore cannot meet the street wall requirement. If the street wall minimum was enforced on the 30-foot wide access road, it wDuld leave only seven and a half feet for vehicle access. 2. The requested Variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. In this case there is no other property in the same neighborhood and zone that has the required street wail. 3. The Variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property. The proposed use of multi -family residential is consistent with the zoning requirement as it is permitted in the MXC-1 zone. RECOMMENDED FINDING FOR DENIAL 2017-27 Z, 1628 Orange Street 1 Although the property is currently zoned for mixed -use, the surrounding properties are single-family dwellings. Granting the variance would permit a project that does not fit in with the character of the neighborhood. The mixed -use zone is supposed to allow for walkable projects, but with a lack of street frontage, walkability would not be met with the proposed project. 255 of 279 RECOMMENDED CONDITIONS OF APPROVAL 2017-27 Z, 1628 Orange Street General 1. This Zone Variance authorizes a waiver of the minimum street wall requirement of 75% for a project located at 1628 Orange Street. Plans shall be consistent with Exhibit A, Case File No. 2017-27 Z, dated 1/23/2018. 2. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in Section 18.12.040 of the Municipal Code. 3. Before this Zone Variance 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 Zone Variance. 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 Zone Variance 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. Planning 4. A landscape and underground irrigation plan shall be submitted as part of the construction permitting process. All landscaping and irrigation improvements shall be maintained for the life of the project. 5. Storage space of not less than one hundred fifty cubic feet for each unit plus fifty cubic feet for each additional bedroom more than one is required. The area utilized by mechanical equipment (e.g., water heater, furnace, etc.) may not be included in the cubic footage requirement. Bedroom closets shall not be included in the cubic footage requirement. 6. Plans submitted for construction shall conform to Land Use Code Section 18.42.040 (Screening mechanical equipment and elevator housing) and 18.46 (Outdoor Lighting). 256 of 279 Building 7. Plans submitted for building permits shall be consistent with the 2016 'California Building, Electrical, Plumbing, Mechanical, Energy, Green and Fire Codes. Fire 8. Plans submitted for building permits shall comply with the 2016 editions of NFPA, CFC and the current edition of the CCR. 9. Fire alarm and fire sprinkler shall be evaluated and installed for intended use per code. 10. Fire apparatus access roads shall comply with the requirements of this section (Section 5 CFC 2013) and shall extend to within 150 feet of ail portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. 11.The required width of emergency fire apparatus access roads shall not be obstructed in any manner, including parking of vehicles. All access roads shall be no less than 20 feet wide, no less than 14 feet high and shall have an all weathered road with the ability to support 75 thousand pounds or greater. Where a fire hydrant is located on a fire apparatus road, the minimum road width shall be 26 feet. A 28 foot turning radius is required for fire department access through site. All fire department access roads shall be painted and signed to prevent parking in these required designated emergency areas. 12. Parking shall not impact requirements of turn -around provision at any time. 13. Grade of fire apparatus road shall be within the limits established (15% Grade) by the fire code official based on fire department's apparatus. 14. Buildings or portions of buildings or facilities exceeding 30 feet in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus. Overhead utility and power lines shall rrot be located within the aerial fire apparatus access roadway. 257 of 279 15. Every building four stories or more shall be provided with not Tess than one standpipe for use during construction. Such standpipes shall be installed when the progress of construction is not more than 35 feet in height above the lowest level of fire department access. Such standpipes shall be provided with fire department hose connections at accessible locations adjacent to such useable stairs and the standpipe outlets shall be located adjacent to such useable stairs. Such standpipe systems shall be extended as construction progresses to within one floor of the highest point of construction having secured decking or flooring. On each floor there shall be provided a 21/2 -inch valve outlet for fire department use. 16.Where the roof has a slope less than four units vertical in 12 units horizontal, a hose connection shall be located to serve the roof of at the highest landing of a stairway with stair access to the roof provided in accordance with the current code. 17. If entrance/exit gates are used, they shall be equipped with a Knox Box and emergency strobes so as to provide emergency vehicle access and egress. A Knox Key Switch shall be required in conjunction with strobe for emergency access, and shall be placed at the front of property. Please contact the National City Fire Department for the exact field location, 18. If an elevator is proposed, the apparatus shall meet state standards required to allow for emergency travel of an ambulance gumey. 19.The project shall accommodate chapters 3 and 9 of the California Fire Code if roof top use is determined. This may include recreation, barbecues, vegetation etc. 20. Fire hydrants that may be located throughout the project shall not have a separation distance greater than 300 feet. Fire hydrants shall be located within 300 feet of all locations which are roadway accessible (measurement starts from nearest public fire hydrant to project). The following items pertain to fire hydrants: a) Size and location, including size and number of outlets and whether outlets are to be equipped with independent gate valves. b) Fire hydrant shall be of a three -outlet design. 21. Provide calculations confirming flow availability to meet fire flow demands and to supply large diameter hose (4-inch). 22. Fire hydrants shall be marked using a blue reflective marker in the roadway. 258 of 279 23. Upon submittal for an underground permit, the following shall be included: * Data sheet for Sack -Flows e Data sheets for Private and Commercial Hydrants * Data sheets for Post Indicator Valves Information on required fire hydrants back -flow devices, etc.; can be acquired from Sweetwater Authority. All pipe and their appliances shag' meet industry/code standards for underground use. 24.An approved water supply for fire protection, either temporary or permanent, chan be made available as soon as combustible material arrives on the site, 25. Approved vehicle access for firefighting shall be provided to all construction and demolition sites. Vehicle access shall be provided to within 100 feet of temporary or permanent fire department connections. Vehicle access shall be provided by either temporary or permanent roads, capable of supporting vehicle loading under all weather conditions. Vehicle access shall be maintained until permanent fire apparatus access roads are available. 26. Should any plan corrections be required, the contractor must correct the plan and re- submit to the Fire Department for approval once again prior to installation. 27.Approval for final sign -off shall be contingent upon final field inspection and compliance with all applicable codes and ordinances. Engineering 28. 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. Ail Hydrology study findings and recommendations are part of Engineering Department requirements. 29.The Storm Water BMP Requirements Applicability Form 1_1 and if required 1-2 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 Division web site at the link below *. If it is 259 of 279 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. *http:/Iwww. nationalcityca.gov/city-govemment/engineering-pu blic- works/engineering-division/online-services-forms-fees. 30.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. 31.A1I 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. 32.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. 33. 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. 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 260 of 279 for the maintenance of the parking lot, including sampling, mon toring, 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 stomi 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. 34.A11 existing and proposed curb inlet on property shall be provided with a "No Dumping" signage in accordance with the NPDES program. 35.A National Pollutant Discharge Elimination System (NPDES) permit is required for discharges of storm water runoff associated with constructio n greater than 1 acre activity where clearing, grading, and excavation results in a land disturbance. A construction storm water permit shall be obtained from the Regional Water Quality Control Board. A copy of shall be given to the City of National City Engineering Department prior to any work beginning on the project. 36.A Notice of Intent (NOI) shall be filed with the Regional Water Quality Control Board (RWQCB). 37.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 six inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 38.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. 39.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. At 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. 261 of 279 40. An existing 50-foot wide street easement reserved to the City of National City exists at the northerly 50 feet of Lot E of Block 5 of Map 1785 excepting the westerly 221.5 feet and the easterly 30 feet of Lot F of Map 1785 and no building encroachment will be allowed within the easement (see attached document). The easement shall be shown on the plans. 41.AII existing survey monuments, including any benchmark within the boundaries of the project, shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall 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. 42.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. 43.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. 44. The site plan shall be revised to show the existing street easement granted to the City per attached document. Parking shall conform to City of National City standards. 45.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. 46.Ai1 proposed NO PARKING zone(s) (red curbing) shall be shown in the street improvement plans. 47.AII new dwellings are subject to a Transportation Development Impact Fee of $2,405.00. This includes new homes, condos, and apartments. 48.AII electrical, telephone, and similar distribution service wires for the new structure(s) shall be placed underground. 49.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 262 of 279 and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. 50.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. 51.The City Engineer suggests that the developer contact SDG&E to have a street light installed on the existing pole on the easterly end of the unnamed street where street parking is proposed. 263 of 279 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING ZONE VARIANCE FOR THE WAIVER OF MINIMUM STREET WALL REQUIREMENTS FOR A PROPERTY LOCATED AT 1628 ORANGE STREET CASE FILE NO.: 2017-27 Z APN: 561-160-16 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, March 5, 2018, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Keith Robinson) The applicant is requesting a waiver of the minimum 75% street wall requirement for a multi -unit residential project in the Minor Mixed -Use Corridor zone. The property is accessed from a spur of Orange Street south of East 16th Street and has only 30 feet of street frontage on the spur. Information is available for review at the City's Planning Department, Civic Center. Members of the public are invited to comment. Written comments should be received on or before 12:00 p.m., March 5, 2018 by the Planning Department, who can be contacted at 619-336-4310 or planninq(cr?_nationalcityca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DEPARTMENT BRAD RAULSTON Deputy City Manager 264 of 279 NOTICE OF EXEMPTION TO: Assessor/Recorder/County Clerk Attn: Fish and Wildlife Notices 1600 Pacific Highway, Suite 260 San Diego, CA 92101 MS: A-33 Lead Agency: City of National City Project Title: 2017-27 Z Project Location: 1628 Orange Street, National City, CA 91950 Contact Person: Chris Stanley Telephone Number: (619) 336-4381 Description of Nature, Purpose and Beneficiaries of Project: Zone Variance application for waiver of a 75% street wall minimum requirement. Applicant: Keith Robinson 3559 4th St. San Diego, CA 92103 'Telephone Number: (619) 202-7283 Exempt Status: fPsatr�*r l le,.. E �� .,�•:_.•...,,..,:, Exemption. Class 32 Section 15332 (In -Fill Development) Reasons why project is exempt: It can be seen with certainty that the project will not have a significant effect on the environment, since the project exists within a fully urbanized residential area. The project is consistent with the applicable general plan designation, policies, and zoning designation and regulations. No habitat exists on the site in which the development is proposed. Date: CHRIS STANLEY Planning Technician 265 of 279 RESOLUTION NO. 2018-04 (a) A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL. CITY, CALIF.ORNIA APPROVING A ZONE VARIANCE FOR THE WAIVER OF A STREET WALL REQUIREMENT LOCATED AT 1628 ORANGE STREET CASE FILE NO. 2017-27 Z APN: 561-160-16 WHEREAS, the Planning Commission of the City of National City considered a Zone Variance for a waiver of a street wall requirement for a property located at 1628 Orange Street at a duly advertised public hearing held on March 5, 2018, 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. 2017-27 Z maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on March 5, 2018, support the following findings: 1. That the lot is affected by special circumstances, including size, shape, or topography, that deprive the lot of the ability to develop per the Land Use Code as others in the area have, because the property has no useable street frontage and therefore cannot meet the street wall requirement. 2. That granting of the Variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, because no other property in the same neighborhood and zone was required to have a minimum street wall. This is primarily because the 75% street wall requirement was only enacted upon the creation of the MXC-1 zone in 2011 3. That the Variance does not authorize a use that is not otherwise allowed in the zone, because the proposed use of the property for multi -family residences is consistent with the mixed -use zoning requirement. 4. That the proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA); staff has determined that the proposed use is 266 of 279 categorically exempt from environmental review pursuant to Class 32 Section 15332. This section allows for in -fill development that its consistent with the general plan and zoning designation; occurs within city limits; is no me re than five acres and substantially surrounded by urban uses; the site has no value as habitat for endangered, rare or threatened species; would not result in any significant effects relating to traffic, noise, air quality, or water quality; and can be adequately served by all 'required utiiities and public services. The addition in questions is consistent with this exemption. BE IT FURTHER RESOLVED that the application for a Zone Variance is approved subject to the following conditions: General 1. This Zone Variance authorizes a waiver of the minimum street wail requirement of 75% for a project located at 1628 Orange Street. Plans shall be consistent with Exhibit A, Case File No. 2017-27 Z, dated 1/23/2018. 2. Before this Zone Variance 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 Zone Variance. 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 Zone Variance are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to fomri by the City Attomey and signed by the City Manager or assign prior to recordation. 3. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in Section 18.12.04.0 of the Municipal Code. Planning 4. A landscape and underground irrigation plan shall be submitted as part of the construction permitting process. All landscaping and irrigation improvements shall be maintained for the life of the project. 267 of 279 5. Storage space of not less than one hundred fifty cubic feet for each unit plus fifty cubic feet for each additional bedroom more than one is required. The area utilized by mechanical equipment (e.g., water heater, furnace, etc.) may not be included in the cubic footage requirement. Bedroom closets shall not be included in the cubic footage requirement. 6. Plans submitted for construction shall conform to Land Use Code Section 18.42.040 (Screening mechanical equipment and elevator housing) and 18.46 (Outdoor Lighting). Building 7. Plans submitted for building permits shall be consistent with the 2016 California Building, Electrical, Plumbing, Mechanical, Energy, Green and Fire Codes. Fire 8. Plans submitted for building permits shall comply with the 2016 editions of NFPA, CFC and the current edition of the CCR. 9. Fire alarm and fire sprinkler shall be evaluated and installed for intended use per code. 10. Fire apparatus access roads shall comply with the requirements of this section (Section 5 CFC 2013) and shall extend to within 150 feet of ail portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. 11. The required width of emergency fire apparatus access roads shall not be obstructed in any manner, including parking of vehicles, All access roads shall be no less than 20 feet wide, no less than 14 feet high and shall have an all weathered road with the ability to support 75 thousand pounds or greater. Where a fire hydrant is located on a fire apparatus road, the minimum road width shall be 26 feet. A 28 foot turning radius is required for fire department access through site. All fire department access roads shall be painted and signed to prevent parking in these required designated emergency areas. 268 of 279 12. Parking shall not impact requirements of tum-around provision at any time. 13.Grade of tire apparatus road shall be within the limits established (15% Grade) by the fire code official based on fire department's apparatus. 14.Buildings or portions of buildings or facilities exceeding 30 feet in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway. 15.Every building four stories or more shall be provided with not less than one standpipe for use during construction. Such standpipes shall be installed when the progress of construction is not more than 35 feet in height above the lowest level of fire department access. Such standpipes shall be provided with fire department hose connections at accessible locations adjacent to such useable stairs and the standpipe outlets shall be located adjacent to such useable stairs. Such standpipe systems shall be extended as construction progresses to wtthin one floor of the highest point of construction having secured decking or flooring. On each floor there shall be provided a 2 1/2 -inch valve outlet for fire department use. 16.Where the roof has a slope less than four units vertical in 12 units horizontal, a hose connection shall be located to serve the roof of at the highest landing of a stairway with stair access to the roof provided in accordance with the current code. 1 7. If entrance/exit gates are used, they shall be equipped with a Knox Box and emergency strobes so as to provide emergency vehicle accesa and screw. A Knox Key Switch shall be required in conjunction'' with strobe for emergency access, and shall be placed at the front of property_ Please contact the National City Fire Department for the exact field location. 18.If an elevator is proposed, the apparatus shall meet state standards required to allow for emergency travel of an ambulance gurney. 19. T he project shall accommodate chapters 3 and 9 of the California Fire Code_if roof top use is determined. This may include recreation, barbecues, vegetation etc. 20. Fire hydrants that may be located throughout the project shall not have a separation distance greater than 300 feet. Fire hydrants shall be located within 300 feet of all 269 of 279 locations which are roadway accessible (measurement starts from nearest public fire hydrant to project). The following items pertain to fire hydrants: a) Size and location, including size and number of outlets and whether outlets are to be equipped with independent gate valves. b) Fire hydrant shall be of a three -outlet design. 21.Provide calculations confirming flow availability to meet fire flow demands and to supply large diameter hose (4-inch). 22. Fire hydrants shall be marked using a blue reflective marker in the roadway. 23. Upon submittal for an underground permit, the following shall be included: Data sheet for Back -Flows Data sheets for Private and Commercial Hydrants ez Data sheets for Post Indicator Valves Information on required fire hydrants back -flow devices, etc; can be acquired from Sweetwater Authority. All pipe and their appliances shall meet industry/code standards for underground use. 24.An approved water supply for fire protection, either temporary or permanent, shall be made available as soon as combustible material arrives on the site. 25.Approved vehicle access for firefighting shall be provided to all construction and demolition sites. Vehicle access shall be provided to within 100 feet of temporary or permanent fire department connections. Vehicle access shall be provided by either temporary or permanent roads, capable of supporting vehicle loading under all weather conditions. Vehicle access shall be maintained until permanent fire apparatus access roads are available. 26.Should any plan corrections be required, the contractor must correct the plan and re -submit to the Fire Department for approval once again prior to installation. 27.Approval for final sign -off shall be contingent upon final field inspection and compliance with all applicable codes and ordinances. 270 of 279 Engineering 28. 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. 29,The Storm Water BMP Requirements Applicability Form f'-°I and if required 1-2 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 Division web site at the Zink below *. 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. *http://vvww. nationalcityca.gov/city-govem ment/engineering-public- works/engineering-division/online-services-forms-fees. 30.The Best Management Practices (BMPs) for the maintenance of the proposed construction sha!! be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Psavention PtaO (SWPPP) for the proi:f)r-t_ An approved SWPFP will be required prior to issuing of a construction permit. 31.Ali 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. 32.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 small be adjusted so as to prevent overspray upon the public sidewalk or the street. The proposed sprin 'tar shall installed behind sidewalk, .3�,..,,iv: heads be +r't�trso,ed bc� sip iu the Si�.ac:�:caaC'i, and the irrigation 271 of 279 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. 33. 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. 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. 34.AII existing and proposed curb inlet on property shall be provided with a "No Dumping" signage in accordance with the NPDES program. 35.A National Pollutant Discharge Elimination System (NPDES) permit is required for discharges of storm water runoff associated with construction greater than 1 acre activity where clearing, grading, and excavation results in a land disturbance. construction storm water permit shall be obtained from the Regional Water Quality Control Board. A copy of shall be given to the City of National City Engineering Department prior to any work beginning on the project. 36.A Notice of Intent (NOI) shall be filed with the Regional Water Quality Control Board (RWQCB). 37.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 six inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 272 of 279 38. 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. 39.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. At a minimum, the parking lot pavement sections shall be 2-inch A.C. over 4-inch Class it 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. 40.An existing 50-foot wide street easement reserved to the City of National City exists at the northerly 50 feet of Lot E of Block 5 of Map 1785 excepting the westerly 221.5 feet and the easterly 30 feet of Lot F of Map 1785 and no building encroachment will be allowed within the easement (see attached document). The easement shall be shown on the plans. 41.AII existing survey monuments, including any benchmark within the boundaries of the project, shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall 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. 42.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. 43. Street improvements shall be in accordance with the City Standards. Ali missing street improvements shall be constructed. Abandoned driveway aprons shall be replaced with curb, gutter, and sidewalks. 44.The site plan shaii be revised to show the existing street easement granted to the City per attached document. Parking shall conform to City of National City standards. 273 of 279 45.A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownershipat the property. 46.All proposed NO PARKING zone(s) (red curbing) shall be shown in the street improvement plans. 47.AII new dwellings are subject to a Transportation Development Impact Fee of $2,405.00. This includes new homes, condos, and apartments. 48.All electrical, telephone, and similar distribution service wires for the new structure(s) shall be placed underground. 49.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. 50.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. 51.The City Engineer suggests that the developer contact SDG&E to have a street Tight installed on the existing pole on the easterly end of the unnamed street where street parking is proposed. 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: 274 of 279 This certifies that the Resolution was adopted by the Planning Commission at their meeting of March 5, 2018, by the following vote: AYES: Yamane, Sendt, Garcia, Quintero NAYS: Flares, Dela Paz ABSENT: Baca ABSTAIN: None CHAIRPERSON 275 of 279 PROJECT TEAM 00.401 01ae 1 YPreenM waa manww,a 0.P0m0umr Ymwma ▪ mwwull. m11000410«na.m4 0000RI11G000 rraalnRr�nr PROJECT INFO UK demo EXHIBIT: A CASE FILE NO.: Ton - $? 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YINN DRAWING LIST • ert W1INPI .... 011.0 Akl lnrtl N8t11abtMIPlBll10 MR gAV9 MOO uRfnw.01. gPm.f1N6 Alm LAf ICf/IJlmC RS-1 RS-1 MXC-1 MXC-1 MXC-1 1 SITE PLAN ar.nr IYPIMYB-eu ' IIAP�I]Im It` I rg1010r119Urn. +. of a� : 0=4; �.{ m i I MXC-1 O �TR —141QF RS-1 lema4mUsmr 00.10.40 W4F%1YIM MXC-1 f 1ACINITY MAP Pirm 1 as 4nilawlYeapae111 1111101116 ale Pk • Ode ▪ esec SITE PLAN AND PROJECT INFORMATION Al 00 276 of 279 Afttigf MESE 1 UNIT 1- FIRST FLOOR PI)N k.t 13211EREFN X 2 UNIT 1- SECOND FLOOR PLAN iM•fS 10110/Atinfaltalet MOM bYw1n11.1 nOls Mt Mr ilk (NT 1 FIRST FLOOR AND SE ONDFLOORliANS �A101 277 of 279 litat attevriov _ II og 1 UNIT 1- THIRD FLOOR PLAN 2 UNIT 1- ROOF PLAN u�.rc cb a (13 CO o o2 32.1144t1t11.0.piel4 EMI DIM Malt aatar at aft ami UNIT 1 THIRD FLOOR AND ROOF PLANS A102 278 of 279 I£ 6LZ iO 6L