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04-17-18 CC HA Agenda Packet
AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY CALIFORNIA NATIONAL CITY VRINCORPORATED RON MORRISON Mayor ALBERT MENDIVIL Vice Mayor JERRY CANO Council»iember MONA RIOS Councilniember ALEJANDRA SOTELO-SOLIS Councilnaeniber 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, APRIL 17, 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 416 CC/CDC-HA Agenda 4/17/2018 — 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 416 CC/CDC-HA Agenda 4/17/2018 — 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 PRESENTATIONS 1. Introduction of Interim Human Resources Director Irene Mosley. (City Manager) 2. Update on Community Service Day Projects to be held on Saturday, April 28, 2018. (Community Services) INTERVIEWS / APPOINTMENTS 3. Interviews and Appointments: SANDAG Shoreline Preservation Working Group. (City Clerk) CONSENT CALENDAR 4. 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) 5. Approval of the Minutes of the Adjourned Regular Meeting of the City Council of the City of National City of November 7, 2017, Special Meeting of the City Council of the City of National City of November 21, 2017, and the Regular Meetings of the City Council and Community Development Commission - Housing Authority of the City of National City of November 21, 2017 and December 5, 2017. (City Clerk) 6. Resolution of the City Council of the City of National City authorizing 1) the Mayor to execute the Standard Assurances for the FY17 State Homeland Security Grant Program and the Proof of Authority required therein and 2) 3 of 416 CC/CDC-HA Agenda 4/17/2018 — Page 4 the establishment of Reimbursable Grants City -Wide Fund appropriations and corresponding revenue budgets each in amounts totaling $51,472 for FY17 State Homeland Security Grant Program funds for a reimbursable grant purchase of equipment for the Police and Fire Departments. (Fire) 7. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement between the City of National City and Meritage Systems, Inc., to provide online plan submittal and tracking services for Building, Engineering, Planning and Fire, through the Meritage website. Meritage and EsGil are both subsidiaries of Safebuilt; and as such, an amendment to the City's agreement with EsGil will allow the City to pay Meritage for the enhanced tracking system utilizing monies collected during the plan review and permit issuance process. (Building/Fire) 8. Resolution of the City Council of the City of National City authorizing the Mayor to sign the First Amendment to the Agreement between the City of National City and EsGil Corporation to amend Section 5 (Compensation and Payment) to increase compensation by one percent (1%) from sixty- five percent (65%) to sixty-six percent (66%) to pay all annual costs (i.e. $11,400) of the Meritage Systems, Inc., annual support & license fees. (Funded by monies collected by fees charged during the Plan review and Permit issuance process. (Building/Fire) 9. Resolution of the City Council of the City of National City 1) authorizing the Chief of Police to enter into a Memorandum of Agreement with the County of San Diego (San Diego Sheriff's Department and Probation Department) and municipal law enforcement agencies throughout the County for program support of the Regional Realignment Response Group (R3) for the program period retroactive from July 1, 2017 to June 30, 2022, and 2) authorizing the acceptance of the grant funds and the establishment of an appropriation and corresponding revenue budget for the R3 grant in the amount of $45,000. (Police) 10. Resolution of the City Council of the City of National City 1) accepting the work performed by Dick Miller, Inc. for the Plaza Boulevard Widening "N" Avenue to 1-805, CIP No. 16-01; 2) ratifying the execution of Change Order No. 50 in the amount of $183,135.00 for additional asphalt repairs; 3) approving the final contract amount of $2,082,354.67; 4) ratifying the release of retention in the amount of $104,117.73; and 5) ratifying the filing of the Notice of Completion for the project. (Engineering/Public Works) 11. Resolution of the City Council of the City of National City authorizing the City Manager to execute Proposition 84 Clean Beaches Initiative Program Grant Agreement No. D1712675 between the State Water Resources Control Board and the City of National City for the Paradise Creek 4 of 416 CC/CDC-HA Agenda 4/17/2018 — Page 5 Biofiltration Project in the amount of $1,344,425 and authorizing corresponding revenue and expenditure accounts.. (Engineering/Public Works) 12. Resolution of the City Council of the City of National City approving the following list of projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA) through the Local Streets and Roads Funding Program as required by Senate Bill 1, the Road Repair and Accountability Act of 2017: 1) Euclid Avenue Street Resurfacing and 2) Palm Avenue Street Resurfacing; and authorizing the establishment of a Gas Tax Fund appropriation of $1,016,456 for Fiscal Year 2019 and corresponding revenue budget for receipt of RMRA funds. (Engineering/Public Works) 13. Resolution of the City Council of the City of National City authorizing the installation of red curb "No Parking" at the intersection of E. 16th Street and Earle Drive to improve visibility at the intersection and at the crosswalk (TSC No. 2018-01). (Engineering/Public Works) 14. Resolution of the City Council of the City of National City authorizing the installation of red curb "No Parking" at the intersections of Palm Avenue with E. 14th Street and E. 15th Street in order to improve visibility at the intersections (TSC No. 2018-02). (Engineering/Public Works) 15. Resolution of the City Council of the City of National City authorizing the installation of a blue curb disabled persons parking space with signage in front of the residence located at 110 E. 17th Street (TSC No. 2018-03). (Engineering/Public Works) 16. Investment transactions for the month ended February 28, 2018. (Finance) 17. Warrant Register #36 for the period of 02/28/18 through 03/06/18 in the amount of $2,947,898.30. (Finance) 18. Warrant Register #37 for the period of 03/07/18 through 03/13/18 in the amount of $1,787,481.46. (Finance) PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS 19. Public Hearing and Adoption 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) 20. Public Hearing to consider whether to adopt a Resolution of the City Council of the City of National City approving or denying a Conditional Use Permit and Coastal Development Permit for a gas station and 5 of 416 CC/CDC-HA Agenda 4/17/2018 — Page 6 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. Public Hearing to consider whether to adopt a Resolution of the City Council of the City of National City approving or denying 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) NON CONSENT RESOLUTIONS 22. Resolution of the City Council of the City of National City, 1) ratifying the declaration of emergency work to repair portions of a deteriorated sewer main and lateral in response to a wastewater discharge; and 2) ratifying the waiving of competitive bidding procedures under emergency conditions consistent with the provisions included in Section 22050 "Emergency Contracting Procedures" of the California Public Contract Code and Chapter 2.62 "Alternative Bid Procedures for Public Projects," Section 2.62.070 "Emergencies" of the National City Municipal Code. (Engineering/Public Works) NEW BUSINESS 23. City Council Legislative Recess. (City Manager) 24. To consider a Motion to direct the City Attorney to hire outside counsel to conduct an investigation into the allegations that Councilmember Cano violated State law, which includes, but is not limited to, Government Code Section 87100 as it relates to influencing a governmental decision or staff decision in which he knows or has reason to know he has a financial interest, as well as, investigating any other allegations by or against Councilmember Cano. (City Attorney) B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY CONSENT RESOLUTIONS - HOUSING AUTHORITY 25. Resolution of the Community Development Commission -Housing Authority (CDC -HA) of the City of National City authorizing the Chairman to execute a Subordination Agreement allowing a new mortgage that is not -to -exceed $97,000 to be and remain a lien prior and superior to a home purchase assistance loan on a single -unit property located at 1832 "E" Avenue in National City. (Housing & Economic Development) PUBLIC HEARINGS: RESOLUTIONS - HOUSING AUTHORITY NON CONSENT RESOLUTIONS - HOUSING AUTHORITY 6 of 416 CC/CDC-HA Agenda 4/17/2018 — Page 7 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 - May 1, 2018 - 6:00 p.m. - Council Chambers - National City, California. 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 19, 2018, 6:00 p.m. - Budget Hearing / Adoption No June 5, 2018 City Council Meeting due to the Special Municipal Election 7 of 416 CC/CDC-HA Agenda 4/17/2018 — Page 8 The following page(s) contain the backup material for Agenda Item: Introduction of Interim Human Resources Director Irene Mosley. (City Manager) 8 of 416 Item # 04/17/18 INTRODUCTION OF INTERIM HUMAN RESOURCES DIRECTOR IRENE MOSLEY (City Manager) 9 of 416 CC/CDC-HA Agenda 4/17/2018 — Page 10 The following page(s) contain the backup material for Agenda Item: Update on Community Service Day Projects to be held on Saturday, April 28, 2018. (Community Services) 10 of 416 Item # 4/17/18 Update on Community Service Day projects to be held on Saturday, April 28, 2018. (Community Services) 11 of 416 CC/CDC-HA Agenda 4/17/2018 — Page 12 The following page(s) contain the backup material for Agenda Item: Interviews and Appointments: SANDAG Shoreline Preservation Working Group. (City Clerk) 12 of 416 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 17, 2018 AGENDA ITEM NO. ITEM TITLE: Interviews and Appointments: SANDAG Shoreline Preservation Working Group. (City Clerk) PREPARED BY: Michael R. Dalla DEPARTMENT: City Clerk PHONE: 619-336-4226 APPROVED BY: EXPLANATION: In February the SANDAG Regional Planning Committee approved changes to the SANDAG Shoreline Preservation Working Group charter. One of these changes is the addition of two new members: representatives from the Cities of Chula Vista and National City. A primary and alternate member to the Shoreline Preservation Working Group needs to be appointed from the City Council. Chula Vista has already made their appointments. Information regarding the Shoreline Preservation Working Group can be found on the SANDAG web site at the following link: http://www.sandaq.orq/index.asp?com mitteeid=26&fuseaction=comm ittees.detail FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Make two appointments. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: SANDAG e-mail dated 02-06-2018. 13 of 416 Cheryl Newell From: Mike Dalla Sent: Wednesday, April 04, 2018 6:21 PM To: Cheryl Newell Subject: FW: Shoreline Preservation Working Group appointments Importance: High From: Lero, Tessa [mailto:Tessa.Lero@sandag.org] Sent: Tuesday, February 06, 2018 3:39 PM To: Ron Morrison <RMorrison@nationalcityca.gov>; Mona Rios <MonaRios@nationalcityca.gov>; Alejandra Sotelo-Solis <asotelosolis@nationalcityca.gov>; 'msalas@chulavistaca.gov' <msalas@chulavistaca.gov>;'spadilla@chulavistaca.gov' <spadilla(a@chulavistaca.gov>;'John McCann (jmccann@chulavistaca.gov)' <jmccann@chulavistaca.gov>; 'ghalbert@chulavistaca.gov' <ghalbert@ chulavistaca.gov>; 'kbacon@chulavistaca.gov' <kbacon@chulavistaca.gov>; Leslie Deese <LDeese@nationalcityca.gov>; 'Ileon@nationalcityca.gov' <Ileon@nationalcityca.gov>; 'Kerry Bigelow' <KBigelow@chulavistaca.gov>; Mike Dalla <MDallaPnationalcityca.gov> Cc: Pierce, Sarah <Sarah.Pierce@sandag.org> Subject: Shoreline Preservation Working Group appointments Importance: High SANDAG Board members and City Managers/City Clerks: At last Friday's meeting, the Regional Planning Committee approved changes to the SANDAG Shoreline Preservation Working Group charter. One of these changes is the addition of two new members: representatives from the Cities of Chula Vista and National City. If you or staff have any questions regarding this appointment, Keith Greer, Principal Regional Planner, is the Project Manager, and can be reached at phone: (619) 699-7390, email: keith.greer@sandag.org. In addition, you also may contact Sarah Pierce, Regional Environmental Planner, at phone: (619) 699-7312; email: sarah.pierce@ sandag.org. Information regarding the Shoreline Preservation Working Group can be found on the SANDAG web site at the following link: http://www.sandag.org/index.asp?committeeid=26&fuseaction=committees.detail As per SANDAG policy, please provide me in writing notice of your city appointment to the Shoreline Preservation Working Group. Thank you, tessa Tessa Lero, CAP, OM, TA Clerk of the Board and Executive Assistant to the Executive Director SANDAG (619) 699-1991 office (619) 405-9334 cell 401 B Street, Suite 800, San Diego, CA 92101 1 14 of 416 CC/CDC-HA Agenda 4/17/2018 — Page 15 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) 15 of 416 Item # 04/17/18 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) 16 of 416 CC/CDC-HA Agenda 4/17/2018 — Page 17 The following page(s) contain the backup material for Agenda Item: Approval of the Minutes of the Adjourned Regular Meeting of the City Council of the City of National City of November 7, 2017, Special Meeting of the City Council of the City of National City of November 21, 2017, and the Regular Meetings of the City Coun 17 of 416 Item # 04/17/18 APPROVAL OF THE MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY OF NOVEMBER 7, 2017, SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY OF NOVEMBER 21, 2017, AND THE REGULAR MEETINGS OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF NOVEMBER 21, 2017 AND DECEMBER 5, 2017. (City Clerk) 18 of 416 Book 99 / Page 194 11-07-2017 DRAFT DRAFT DRAFT DRAFT MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY DOWNTOWN SPECIFIC PLAN WORKSHOP November 7, 2017 The Adjourned Regular Meeting of the Gift' iyyCouncil and Community Development Commission — Housing Authori jof the',City of National City was called to order at 4:38 p.m. by Mayor / Chai ,fni0ari Ron Morrison. ROLL CALL Council 1 Board members present: Cano Mendivil, Morrison, Ri `s.Sotelo-Soiis. Administrat'sve Officials present: Dalla, Deese, Duong, Morrns=Jbnes, Parra, Raulston, Roberts, Rodriguez; Stevenson, VeltgarA4 illiams. PUBLIC HEARINGS: ORDINANCESV.AND RESOLUTIONS SPECIFIC PLAN — DOANNTOWN *7-01-09 MUNICIPAL CODE20'137{5,06-0242); �.... 1. Ordinance b. 20172441. Pudic Hearing andx... aoption of an Ordinance of the CitCouncil of* City of Naional City amending the Downtown Specific Plank AppliACity-Initiated Land Use Amendment) (Case File 4911SM (Pia ning] may, ,RECOMMENDATION: Adopt the Drr inance amending the Downtown Specific PIa based'o 3the updatedfdraft with Planning Commission and that the staff thturn in si' rraonths with proposed housingpolicies and or ;�,...,,�.� , Via! �l•, p P Ordinances that�address affordability and provide consistency with State ws I PRESENTATION: ,Staff presentations were made on the proposed UpdatedsD;raft Lan Aise Plan. Note: All presentation materials are attached as Exhibit "A". TESTIMONY: Irvin Martinez, National City, representing Alliance Californians for Community Empowerment (ACCE) said there was a need for more community input and concern about housing affordability. Paola Martinez, representing ACCE, said market rate housing would not meet.the needs of residents and there are many tenant based housing issues in the city that need attention and requested more time to get the community involved in the issues. Adriana Huerta, National City, said she did not receive any notice at her home regarding the meeting and that the community needs more time to address the housing needs of current residents. 19 of 416 Book 99 / Page 195 11-07-2017 PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS (cont.) SPECIFIC PLAN — DOWNTOWN (417-01-09) MUNICIPAL CODE 2017 (506-02-32) 1. TESTIMONY (cont.): SemiIla Luna Marquez, National City, expressed concern about gentrification that is already taking place,ein the city and the need for a more compassionate and human cerate:red approach to Dr. Ky; a Gree:4iE e irector of Center on Policy Initiatives, v4hs oke-at ut 13O ance %eping housing costs down so that ex[sting residents willar otvbe i placed, Josedrig 'ez;NationahC ty,; spoke about the high cost of rent, the Iongyyaiting(ist for Section 8, the impacts on seniors and the `MNneed'foridelay to g% Amore community input. ..ACTION: Motion by Sotello, seconded by Rios, to continue the 'hearing to I e' ruary 13t�. Motion failed by the following vote, to -wit: Ayes` Rios,Sotelo-Solis. Nays: Cano, Mendivil, Morrison.• Abstai.:: Nvne. Absent: None. Motion' y Cano, seconded by Morrison, to close the Public Hearing. Motion carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison, Rios. Nays: Sotelo-Solis. Abstain: None. Absent: None. Motion by Cano, seconded by Mendivil, to adopt the Ordinance. Motion carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison. Nays: Rios, Sotelo-Solis. Abstain: None. Absent: None. development. Martha Ramon, National City, St 49,tf'�any's Church, spoke about the housing problems confro t' g{large an kmall families and senior citizens and the need to proceed slowl))so the people can be more involved in expre,sung their needs forhousing. Nancy Estolano, questio end the proposed height*Jiitations, limiting the number of units is each zo : e and a change in the?number of FAR's permitted. �4 x. Jose Lopez, repse rating ACCEreuested a delay in voting to get more community' p kiarding refitI:control, displacement and inclusionary housing:'.;. r .. Fabio Rojas, National ,City sp a :about gene rification, inclusionary re st control, affordab e hogsi0g aiid�-density bonuses. ell , Nation'aICjtyspeaigryfpr Historical Society, e p erssed co earn abou`t��j impacts of nstalling parking meters, Executive NOTE: A copy of all presentation materials is attached as Exhibit "A". Members retired into Closed Session at 5:32 p.m. 2 20 of 416 CITY COUNCIL CLOSED SESSION Book 99 1 Page 196 11-07-2017 2. Conference with Legal Counsel — Potential Litigation Significant Exposure to Litigation under Government Code Section 54956.9(d)(4) Three Potential Cases 3. Conference with Legal Counsel — Potential Lit' aton Significant Exposure to Litigation under Government Code Section 54956.9(d)(4) Notice of Intent to Sue for Violations of Clean Water Act & Notice of Imminent and Substantial Endangerment and lntet t tto Sue for Violations of the Resource Consetvatiorl7Recovery by In et, ational Boundary and Water Commission and VeoOO:Water North Ameri West, LLC ACTION: The Closed Session was continued until after the Regular Meeting of the City'Co u, ciland Community leyelopment Commission. —% Iv ising Authority, . •T the City of Na ionai City scheduled for 6:00p. ADJOURNMENT Motion by Cano ..seconded by Mer��dfvil, fto. ol&the Closed Session after the Regular Meeting and to adjourn the in'eetinq to the :rnext Regular Meeting of the City Council andCommunilyDevelopment Commission — Housing Authority of the City of National CEty to be held - Tuesday — November 7, 2017 at 6:00 p.m. at the CoureirEehambers Naa`f orirCity3..Califorhia. Carried by unanimous vote. The foregoing minut City Clerk ere approved at the Regular Meeting of April 17, 2018. Mayor 3 21 of 416 Downtown National City Specific Plan CITY COUNCIL MEETING November 7, 2017 T.1181H 22 of 416 Agenda 1) PLAN OVERVIEW 2) LAND USE 3) PARKING 4) CIRCULATION 5) DESIGN GUIDELINES 6) CEQA/REVIEW PROCESS 7) STAFF RECOMMENDATION 23 of 416 Action Requested - Staff Recommendation: Adopt the Ordinance amending the Downtown Specific Plan based on updated draft with Planning Commission recommendations. 24 of 416 Plan • Funded through a SANDAG Smart Growth Incentive Program Grant to provide guidance for the 158-acre downtown to: - Overview o Integrate smart growth policies and transit supportive planning o Provide innovative smart parking policies & reduction bonuses o Revitalize downtown by encouraging investment o Enhance the public realm through design guidelines o Improve mobility options and efficiencies 25 of 416 Develor)(r Ou.utre:jch ! A.1 it P? ,(nrc h Preliminary Technical Analysis Revise Pan, Final Techni 2016 rPT C'CT isJ2017 JAN MAR APR Development of Draft Concepts PFP Released for the Redevelopment Properties Specific Plan Open House and Scheduled interviews 26 of 416 Smart Growth Incentive Grant Cycle 3 (2015) Scope Potential strategies and policies of the DSP Amendment that will help achieve Smart Growth and Smart Parking objectives include: • Reduce parking requirements if project includes Parking &Traffic Demand Management strategies; • Support shared parking agreements for developments that are within an acceptable walking distance of an off-street parking facility; and • Consider a parking district and management plan that is intended to manage parking assets and avoid neighborhood parking impacts. T o® CHO ElEl MIN D 32nd Street Naval Station Sort Growth Opportunity Areas Relating/Planned Potential Metropolitan Center Urban Carter Toren Carter Community Center Rural Village $pedal Use Center Mixed Use Transit Corridor CV-2 algt • 11Mr • �SS+a//n Diego ��' ''' TVRWARQ' Lp� The Regional rian 27 of 416 What we heard from initial comments and input • Simplify plan and make "user-friendly." Promote housing that serves the community. Allow for micro -units. • Allow bonus units or reduced parking if parking programs & amenities are added. Allow a process for density transfer. • Protect intact neighborhoods and allow for transitions between densities. • Offer a streamlined process that encourages investment. 28 of 416 Downtown Specific Plan Amendment Goals and Objectives Economic Investment Objectives • Encourage investment in downtown, provide value & encourage partnerships between land owners, developers, businesses & residents • Coordinate with the Navy, colleges & other institutions to create a more vibrant downtown by encouraging more persons to live & shop in downtown • Adjust zoning, land uses and development regulations to increase opportunities for the redevelopment parcels as well as other downtown parcels 29 of 416 Downtown Specific Plan ChangeF • The Plan will not change: o Land use / zoning o Street classifications o Floor Area Ratio maximums or minimums (FAR) o Density related to 5,500 units (300 built since plan adopted) • The Plan proposes to change: o Defines height restrictions to be more consistent with FAR o Redefine "ground -floor retail" as "street activating uses" o Suggest an adaptive reuse policy for "main street style" buildings o Propose a transfer of development rights in certain circumstances o Establish 5 proposed design districts and supporting guidelines o Improve review process to include ministerial review options o Suggest various intersection and streetscape enhancements o Plan for a shuttle system, expanded bike and pedestrian options o Implements Parking Action Plan for downtown area o Considers methods for attainable housing / affordable by design o Allows Institutional (schools) uses with Conditional Use Permit 73 r 30 of 416 Attainable Housing Numerous bills have passed in 2017 to promote the development of attainable housing in California: SB-2: The Building Homes and Jobs Act creates funding by imposing up to a $225 on certain real estate transactions. Over the next five years it is anticipated to raise a total of $5.8 billion. These funds will support homelessness programs and create mixed -income multifamily housing. SB-3: This bill would authorize $4 billion in bonds to finance existing housing programs. This bill would authorize $3 billion in bonds for the construction of new low-income housing and $1 billion to the Cal -Vet Farm and Horne Loan Program. SB-35: Eliminates multiple local planning reviews for projects that meet certain zoning and affordability standards in jurisdictions with lagging housing production rates, The bill also requires qualifying projects to meet prevailing wage standards for construction workers. AB-73: Provides local governments with incentives to rezone developments to increase housing density near transit and job centers. At least 20 percent of the housing projects must be low- or middle -income residents. If zoning standards are met, permits will be granted without delay. AB-1505: Restores the ability of local governments to require developers to include affordable rental units. after an appellate court decision cut off that tool in 2009. AB-1521: Owners must accept a qualified offer to purchase the apartment complex from someone who pledges to continue renting the home to low-income residents. 4 n 31 of 416 Attainable Housing AB-571: This bill would authorize the California Tax Credit Allocation Committee to allocate the farmworker housing credit even if the taxpayer receives federal credits. Farmworker housing is redefined as housing in which at least 50 percent of the units are occupied by farmworkers. • AB-1397: This bill would require the inventory of land to be available for residential development to meet the locality's housing need for a designated income level. SB-166: Pushes cities and counties to plan for their share of low-income and moderate -income housing needed in the region. AB-879: This bill instructs cities to determine how long it takes developers to build their projects after they have been approved and then take steps to shorten that time. • SB-167: Cities that do not comply with a court order to allow development will accrue fines of $10,000 per housing unit. AB-678: The Housing Accountability Act prohibits a local agency from disapproving. or conditioning approval a housing development project for very low, low, or moderate -income, or an emergency shelter unless specified written findings based upon substantial evidence in the record are made. AB-1515: This bill would specify that a housing development project or emergency shelter is deemed consistent with an applicable plan, program, policy, etc. similar if there is substantial evidence that would allow to conclude that the housing development project is consistent. • AB-72: Gives the State housing department more authority to investigate cities that do not follow their housing plans and refers cases to California's attorney general for possible legal action. STAFF WILL RETURN TO CITY COUNCIL IN NEXT 6 MONTHS WITH PROPOSED HOUSING POLICIES THAT ADDRESS AFFORDABILITY AND CONSISTENCY WITH STATE LAWS 32 of 416 Land -� Use The plan will continue to focus on encouraging a variety of land uses: o Mixed uses help to encourage more local services, jobs and places of business and allows the market to decide best use. o This amendment continues to allow for all previously allowed uses. o The form of the buildings and FARs are more important than dictating the preferred land uses or percentages of mixed uses. 33 of 416 Downtown Specific Plan Amendment Goals and Objectives Land Use and Urban Design Objectives • Update land use and zoning to better accommodate the previously adopted allowance of 5,200 additional residential units • Adopt a process for density transfer if public amenities or unique buildings are reused • Create consistency with state laws density bonus applied to transit areas and ministerial processing requirements 10 34 of 416 Existing Land Uses Existing/Proposed Development Zones Existing Land Use (SanG1S) 1 •TN ST r y.r s1 5 ! . rw 1 ® ram. u /el, 101 II 71 r SPIV ur i el I I I4ele EdsOnO land Use (Ianctl) School Parking LW Skids Family Detached light d V y • Genera Single Fomsv ukopls-uNts 1♦ Pubic Services S Mu11•FamM Peiden1Id COrnmerclol/Omc. .701 Refdenlbl under Co etvvelkx1 (I Motel/Motel (Low-ekeI: Hotel/Motel IMlgh-RIOT) Vacant rind Undeveloped Land 4ecreotIon i7,1 DTP 8oundryy int e 35 of 416 Minimum Floor Area Ratios Maximum Floor Area Ratios ; CEMIT CAM II - — 7 5! " IsTII ST 8kj I • . 1:2 °IA Ammon, Prowls 14.71nrmrn FAR 0 2.5 1 - OM 3., Range from 0-3 FAR 2 /TM ST BM ST RASA IWO z • 1•11 ST ,ST1.1 ST rro ST OTSP FIeneolVy Porttls laslanItirn FAR 0 IMO 4 SI vim s NT 41111IMM rsT/.4 ST Range from 3-6 FAR 36 of 416 Existing Floor Area Ratios M Development Lanes 100 , 004 00 000e4 I.50 2 00 lehaiq PAR .oa .a 0.0s0.I0 0.00•i 00 2.003.00 4.00.500 UNs000 Range from .25 to 5 FAR wit 37 of 416 Transitional Residential Areas & Adaptive Reuse of Older Buildings Property Types A - Cnr_ CEMEP DR 17TP ST ITN ST R. 1 R wig • I 1 : 4i._.,._.,■_.,■ _ ■,■_.L_■III _.1.� 167w ST • o TTMn PLAZA S1.VD HIGHLAND AVE Property Types Single Family Neighborhood - various Levels of Intactness ME Storefront Main Street Buildings IDTSP Boundary Single family homes need adjacent transitions of land use, form, height and intensity; • Historic structures and "Main Street Type" character buildings, should be allowed a transfer of development rights; and • "Main Street Type" character buildings should be allowed a development bonus for adaptive reuse that preserves "Main Street" character while meeting minimum FAR & urban design guidelines. 38 of 416 Proposed Height Restrictions (la, lb, 4, 6 & 7 defined as 250'1 8, & 10 increased from 35' — 50') Typical building forms extruded to maximum height per development zone Hoover Avenue Buildings In white will likety not chenge due to age and prior investment NAtinnnt City Boulevardlel Division Street Bth Street , A 1 i Plena Boulevard 16th Street 39 of 416 15 Floors (Type 1 Construction) on 3 levels of Podium Parking (+1 underground) with Ground Floor Retail Wrap - 185'- 250' tall for 17 — 23 floors Development Scenarios- Building Typology 5 Floors (Type 3 Construction) on 3 floors of Podium Parking with Retail Wrap - 85' tail for 8 floors 10 Floors (Type 1 Construction) on 4 Floors Podium Retail Front / Parking- 165' tall for 14 floors 40 of 416 Development Scenarios- Building Typology Heights (8, 14 & 17 floors) to,r - -ram 111. • 8 stories (85') counting 3 stories of parking podium �r- � f Allowed in la _ - ;. Allowed in la, 1b, , war -p 4,5b,6,7&9 1b,4,6&7- I � rr 14 Stories (165') counting 4 stories of parking podium 41 of 416 Parking • Supports and encourages mixed -use, compact development. • Plans for Future Growth and Parking Demand. • Creates flexible recommendations that encourages innovation, recognizes trends, builds partnerships, assures feasibility and provides increased management to limit parking impacts. • Recommends short, mid, and long term solutions. 42 of 416 Parking Action Plan • Approved by City Council on June 20, 2017 to initiate the first phase of parking management implementation for Downtown National City • Designed as a two-year parking pilot program that considers unique local conditions and national best practices • Parking Management Strategies to enhance parking enforcement, capacity and utilization: o New enforcement technologies o Online permit parking system o Conversion of parallel parking to angled parking o Single space parking meters 43 of 416 0) c a a) a) O r tic ra a O a1) O U 4 O J UO Y7ocivIn da whore-0 ]7AV O a g 1AVd 3AV ONV1147ii lFV IIni. 1 ' 3Av 3 I __ ---I --- -, ' _ i INami 1 I I i 3AV,femme. , 7 6 FF MAVV • • C. il1YA 1U OKA J.1131V1.1011VP4 D O 3AVa 3Av 3 - ._� 3Av 19A3SOO71 3n'3BAOOH 6 3Av 3001003 3Av NOS 44 of 416 MIMFTIVTIlz, 3 1AAOOK 3ilV iOQ OQ'J AY L Y1 ti N 45 of 416 911b 10 917 SON AVe COOTDOl Ave 9 H OVEI Avf 1 TAFT AV _ 1 � 1 ROOSfvflt AVE 1 —may— —14110 v¢76. e AVE y FAVE PRIVATE RP `• LJI 6AYE LflILJ CAVE _ • rs+ac. 1AV1 I 3 S J0j SUO lE3O • u! Jed papulsald awu'8 siala 1 •• ' i • • " �• i• 0) N 47 of 416 Parking Management Implementation AN - Phase 1 (1-3) Years Review enforcement program and ensure consistent enforcement Invest In enforcement technology Implement online permit management system Begin converting parallel parking to angled parking Review restrictions & fines Establish parking bonus system for off-street parking/shared parking Reform off-street requirements Establish paid parking - Expand residential permit zones .?Implement oversized vehicle parkin restrictions Phase 2 (3-5 Years) Transition to digital permitting Complete angled parking conversion Implement active monitoring Enhance enforcement Implement parking/transit shuttle system Create parking manager position Initiate and refine the parking bonus system Integrate parking updates into budget Establish a downtown parking benefit district Invest revenue 111 Phase 3 (5-20 Years) Add parking availability signagII Establish In -lieu fees Continue active monitoring Plan infrastructure for autonomous vehicles Implement shares parking 48 of 416 Parking Trends Considered • Land use policies should consider 10-minute walking / biking neighborhoods and overall driving distances in order to reduce vehicle miles traveled. • Focus on "park once / visit many destinations" planning philosophies. • Autonomous vehicle's will affect on roadway capacity & parking resources. • Drop of zones for rideshare / shuttles / autonomous car drop- offs are needed. Smart Parking Example Arrival Mode Regular Vehicle Parking Arrival Mode Bike Parking Motorcycle ,M, ��}r� Parking rir!{>�£1r1 Small Vehicle �i / NEV Parking Uber Dropoff Taxi Dropoff Guest Dropoff Shuttle Dr000ff Estimate of Persons / Customers Delivered -1 l it i i Mc” t 21 _ ~ ~ ` i ►fnlit14”f 21 _tf►Atils'Mti 21 Estimate of Persons / Customers Delivered =fx�44ir'��C�i� 20 -f��x4t 10 =ttifiiff4 9 - it ifiV lint 18 J5' 12 -11ilfilikifili4Nit24 ,400 -i“itAiqt.iiilitt 20 ) 63 persons/day 113 persons/clay 49 of 416 Circulation • Circulation Changes are focused on: o Community Corridors o Alternative Transportation Modes including Walking, Biking, Transit and Shuttle o Proposed Improvements are Focused on Roosevelt Avenue and 8th Street 50 of 416 Street Functions and Focus NATIONAL CITY DOWNTOWN CD SPECIFIC PLAN Vehicular Through STREET FUNCTION & FOCUS: Movements Transit Support Improved Improved Bike Walking Access Environments Major Traffic Calming CPI;/ Major Street Trees Commercial Storm Water Support / Innovations Parking Sample Streets STANDARD ROAD CLASSIFICATIONS ARTERIAL COLLECTOR! LOCAL STREET COMMUNITY CORRIDORS GREEN STREETS se se se se se Plaza Blvd. East o' NCB "D"Avenue MULTI -MODAL STREETS) COMMERCIAL MAIN STREETSI MAIN STREET PARK & WALK STREETSI ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ se se se se 9th Street "A" Avenue Hoover 8th / National City Blvd. Roosevelt 51 of 416 W 4, Community Corridors- Additions and Sub -Categories att. v * T1o0t•Y SRAbrn+ Hero Soxelh Gale t1TH ST 1TH ST talc CENTER DP r 61 1 Cadges* OMS$DM sr 1ST ST tTH ST I STH sT 3°4 Sr • • ill 1 r POac * * CRY J KMnbWI i PMk 1 TMST r-� PLAZA FWD J • 3J Ir. loNat C� r ® Main Street (8th Street) a . O Commercial Street (National City Blvd.) O Multi -Modal Street (Roosevelt) • Green Street J Urban Trail ("A" Avenue) 53 of 416 Mobility Options- Bike / Ped / Shuttle Improvements Option A Multi -use Trail with Parallel Parking mirror wo • .14 ti ; • MIL • • OW I ; tr:e ;1 fr • OP • fr ••• G••• Y. Omer ••••••••••••• Nremons4r • k. • • r'4.1i, Option B — Walkway with Angled Parking triv•• • • r ,t 401 tm:c / \t\ V .1 • Pr a • • • r• Corti %eV* •••••••••••• sr err. Pon .11,4 . • , • 4 • 41, +7/ -•••-•-•••••••• 1,•--a.••••••••• - I' - • ..... • • • 'Oar. Lit_wgits. I _t sr — leg / • OrIVIV41 Ow* lswrirrn4 irrr,r 04 , 1 —41'04, 54 of 416 Circulation Improvements Existing MuIt4Modst Corridor Proposed KM -Modal Corridor - Extstlnq Urban TrnlI.Street • • • Pr000sed Urban TraitStreet mon Existing Maur Street Existing Commercial street E.] D.wlopment Zone * Point or Interest NBSD Sou' Gat 8th Sheet TavnsR Crr*r CMG CENTER OR DMSION ST tST ST PLAZA U VD 0 0 0 0 0 Main / Division / National City Blvd. New Signal & Intersection Reconfiguration (with City of San Diego Partnership) North & Central Roosevelt Avenue Bike, Pedestrian, Parking & Shuttle Improvements Roosevelt Avenue & 8th Street Intersection Bulb -outs & Enhanced Crosswalks Hoover & 8th Street Intersection Signalization, Bulb -outs & Enhanced Crosswalk 1-5 Southbound Off -ramp "T" Intersection, Signals, Bulb -outs & Crosswalk (with Caltrans Partnership) Harbor Drive and 8th Street "T" Intersection, Signals, Bulb -outs & Crosswalk (with Port / Navy Partnership) South Roosevelt Avenue Bike, Pedestrian, Parking & Shuttle Improvements (Southwestern Community College Partnership) 55 of 416 Design • Design Guidance is provided for: o Building Design (private building improvements) Gui d ', I i n s o Public Realm on Private Property o Public Realm in Public Right of Way ')a 56 of 416 Urban Design Districts and Guidelines 0NIDowntown Visitor & Education District General Commercial District Neighborhood Transition District 57 of 416 "Main Street" District Guidance 8th Street O e e O Main Strc t Arch tcCtural Style ® Wide. Sidnval<c © Angled Parking Q St - et Lighting © 5t'eet Trees n T2e Grates 0 Urba' Fumish,ng3 and Seating Arca National City Boulevard o 0 Mix of Uses e wide S+devra k5 © Landscaped Mecean 0 Stree; _Ighdng 0 Urban f umishmgs aid Seat!ng Area d Street Trees in Tree Grates 59 of 416 Q One to Three -Story Commercial Buildings @ Auto -Accommodating Developmenc © Off -Street Parking • On -Street Parking Q Landscaped Median Q Street Lighting O Street Trees A ,7 60 of 416 Q Mix of Uses with Emphasis cr Residential 10 Parkway Q On -Street Parking O Medium to _ow Density Transitions e Street Trees Street Lighting 61 of 416 � 1 6 0 ti 3nv tt3n3SOOW 3AV r • 3AVtl I MY 0 I I 1 l rc co d- 0 r) co Public Art Guidance A 64 of 416 CEQA / IP' Review Process • Suggested Process Changes: o Allow for Transfer of Development Rights o Allow for Unit Bonus or Parking Reduction based on Developer Selected / Funded PTDM Choices o Identify 3 Levels of Project Review including Level 1 Ministerial Review o Suggest Staff / Department / Professional Review for Design Guideline Conformance 65 of 416 Environmental Review Process CEQA Review Process for the Amendment - Project builds on existing 2005 Specific Plan & 2012 General Plan - State legislation and CEQA guidance allows for using previous CEQA review - Changes found in amendment analyzed by an initial CEQA checklist - Only traffic had the potential of new impacts - Supplemental traffic memo prepared indicated no new impacts with the implementation of proposed project elements, improvements and policies Traffic / Parking Control Mechanisms - Adoption and implementation of the Parking Action Plan - Integration of the density bonus / parking reduction PTDM element - Requirement for traffic analysis if 5,500 units exceeded OR development zone units exceeded OR development transfer or any variance that would change standard parking requirement or trip generation of the project AO 66 of 416 Project Levels and Review Process i Increasing complexity, flexibility & potential impacts AMENDMENT BASE D DISCRETIONARY PROJECT .arA.,:.,. VARIANCE BASED LEYEL2 DISCRETIONARY PR CJ ECT CONFORMING MINISTERIAL PROJECTS PROJECT REVIEW LEVELS Overall Processing Goals: 1) Identify a ministerial review process. - Most developer's want to develop a ministerial process since discretionary adds substantial time, costs and lack of confidence in a final outcome. State affordable housing & companion unit legislation requires a ministerial process. 2) Offer efficient processing & CEQA review. - Makes housing attainable & affordable by design. - Attracts investment & delivery of needed housing - State legislation allows for streamlined CEQA for infill projects in transit supported areas. 3) Protect neighborhood from impacts. - Need parking management and enforcement. Require traffic analysis when exceeding standards. Establish transition zones near single family areas Institute design guidelines and review process. 67 of 416 7 Action Item Staff Recommendation: Adopt the Ordinance amending the Downtown Specific Plan based on updated draft with Planning Commission recommendations. 68 of 416 Book 99 / Page 205 11-21-2017 DRAFT DRAFT DRAFT MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY November 21, 2017 The Special Meeting of the City Council of the City of National City was called to order at 5:03 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL Council / Board members present: Mendivil, Morrison, Rion; ���:;�;:��. .' Council / Board members absent: Cano, Sotelo-5olis. Administrative Officials present; Dalla, Deese, Mor�r s Janes, Raulston, Stevenson. OPEN SESSION PUBLIC COMMENTS — None 4 CITY COUNCIL 1. Conference with Legal Co nsel:x. Potential Litigation �Y• Significant Exposure to Litig "tion under Government Code Section 54956.9(d)(4) Two Potential Cases Members retired into CJose Session at 5 04 p m r G....;ra•' .c.dmo.n o>.-;.. CLOSED SESSION CITY :COUNCIL ly ,, K.>�.z f. 1. :,F Conference with'tegpl Counsel -- Po ential Litigation S kr1u cant Exposure to Litigation under Government Code Section 54956.9(d)(4) TwoPotential Cask,. 'W N. ADJOURNMENT his The next Regular Meeting offhe City Council and Community Development Commission — Housing Authority of te`Cty of National City to be held Tuesday, November 21, 2017 .�.:lyY at 6:00 p.m. at the Counc.lJ,Chamber, National City, California. City Clerk The foregoing minutes were approved at the Regular Meeting of April 17, 2018. Mayor 52 70 of 416 Book 99 Page 206 11-21-2017 DRAFT DRAFT DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY ' November 21, 2017 The Regular Meeting of the City Council and Community .Development Commission — Housing Authority of the City of National, City was called to order at 6:08 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL Counci[ 1 Board members present: Mendivi[, Moiison;`Rtos, Sotelo-Solis. Council / Board members absent: Carlo. es Administrative Officials present: Dalla < Deese, Denhamwif uong, Manganiello, � kyD'J' Morris -Jones, Parra, Raulston, Robert";° driguez, StevensonyVergara, Williams, Ybarra. PLEDGE OF ALLEGIANCE TOrTHE FLAG 411•AYOR RON MORRISON PUBLIC COMMENTS Sunshine Horton, shared inspirat4ai messages of hope and appreciation. AWARDS AND RECOGNITIONS COUNCIL MEETING, PRESENTATIONS;, (102-10-12)• 1. .etteton of �r ealthy Com•,�, unity Economic Develapmerit),, PRESENTATIONS a AWARDS & RECOGNITIONS 2017 017'Ctrculate an Diego Momentum Award for a toPhase iofRaradise Creek Apartments. (Housing & COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2017 (102-10-12) 2. 2017 Com fn:ity Emergency Response Team (CERT) Academy Graduates. (Fire;" 3. National City Police Department Body Camera Program Update. (Lt. Robert Rounds) (Police) 4. Presentation on Bicycle Sharing Program. (Colin McMahon - Lime Bike) (Engineering/Public Works) 53 71 of 416 Book 99 / Page 207 11-21-2017 INTERVIEWS I APPOINTMENTS BOARDS & COMMISSIONS ADMIN (101-1-1) 6. Veterans and Military Families Advisory Committee. (City Clerk) , ACTION: Motion by Morrison, seconded by Mendivil to appoint Talisin Burton, Shirley FerriII, Darnisha Hunter, Mona S. Minton, Stepheni Norton and Luz M. Ramirez to the Veterans and Military Families Committee. Carried by the fllowing vote, to -wit: Ayes: Mendivil, Morrison, Rios, Sotelo-Solis, ;Nays: None. Abstain: None, Absent: Cano. L;: Motion by Morrison, seconded by440.6 , olis to appoint Med Storer to the Veterans and Military Families Aisory Committee. Carried by the following vote, to -wit: Ayes; Mendivil,IVlorrison, Rios, Sotelo- Solis. Nays: None. Abstai0.0ne. Absent: C no CITY COUNCIL CONSENT CALENDAR gig'04. ADOPTION OF CONSENT AL:ENDAR. Ite �:.No. 6 (NCMC), Item No. 7 (Minutes), Item Nos. 8 through 1 (Re d:luton Nos M7-218 through 2017-226), Item No. 18 (Temporary Use Per i , Item41.49 (Newsletter). Item Nos. 20 and 21 (Warrant Registe„rs { ` otion by Sqtelo-Solititcondediby Mendivil, to approve the Consent Calendar exce �t for No. 14, andyNo. 17. Carried by the following vote, to -wit: Ayes: Men'clivil, Morrrr`lson, Rios, Soelo-Solis Nays: None. Abstain: None. Absent: Cano. N. r MUNIC farhIPPE 2017 506-2-32) 2 6. IVCOTION 'OF.�:HE C S COUNCIL< OF THE CITY OF NATIONAL CITY 476, APROVING h E AUG OF TF E READING OF THE TEXT OF THE ORDINANCES O, $r SIDERED AT THIS MEETING AND PROVIDING THAT SoCt, ORDINANCES SHALL. BE INTRODUCED AND/OR ADOPTED AFTEIAREADINGQF THE TITLE ONLY. (City Clerk) ACTT: Approved. See above. s4 APPROVAL OF THE II. ,..aEUTES (103-2-1) k 7. APPROVAL OF,THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF MARCH 21, 2017 AND ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF FEBRUARY 7, 2017. (City Clerk) ACTION: Approved. See above. ,st;; • . 54 72 of 416 Book 991 Page 208 11-21-2017 CONSENT CALENDAR (cont.) CONTRACT (C2017-68) 8. Resolution No. 2017-218. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SUBORDINATION AGREEMENT ALLOWING A NEW MORTGAGE THAT IS NOT -TO -EXCEED $265,100 TO BE AND REMAIN A LIEN PRIOR AND SUPERIOR TO A HOME PURCHASE ASSISTANCE LOAN ON A SINGLE -UNIT PROPERTY LOCATED AT 726 MARIPOSA CIRCLE IN NATIONAL CITY. (Housng & Economic Development) ACTION: Approved. See above. °' CONTRACT (C2017-67)'' 9. Resolution No. 2017-219. RESOLUTIONOF THECITY COUNCIL OF THE CITY OF NATIONAL CITY AUTH,O,R1ZING THE\EXECUTION OF A QUITCLAIM DEED TO T E;' .COMMUNk\ DEVELOPMENT COMMISSION -HOUSING AUTHORITY FOR A SANITARY SEWER EASEMENT WITHIN PHASE< II, OF /THE PARADISE CREEK AFFORDABLE HOUSING PROJECT ,(APN: f560-391-11'&560-206-08). .R�?.F��... �6•:::.4.. i:.f/ � Fly, k (Housing & Economic Development) COMPANION ITEM #25,; ACTION: ApprovetlSee above. CONTRACT (C2017-69) 10. Resolution No. 2017-220. I ESOLUTIQN. OF HE CITY COUNCIL OF THE CITYAF NATIONAL\CITY, le4:9THORIZING THE MAYOR TO EXECUTE:PROGRAM SUPPLEMENT AGREEMENT (PSA) NO. F014 WITH THE STATE OF\CALIFORNIA DEPARTMENT OF TRANSPORTATION GALTRANS;'l ;F`OR THE HIGHLAND AVENUE AND E,2%28",,q,..STRE„,,ET,4a,AIK,SIGIk. IMPROVEMENTS PROJECT TO ARp,LL®W gOddR REIMBURSEMENT ®'•F UP TO $154,000 IN ELIGIBLE ROJECT` XPENDITUREST} i, R000H THE HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP); AND 2) AUTHORIZING THE STABLISHMENT ORNAN ENGINEERING GRANTS FUND APPROPRIATION <OF $1`5,4,000 AND CORRESPONDING REVENUE BUDGET. (Engineering/Public Works) ACTION: Adopted. See above. CONTRACT (C201700 11. Resolution No.2017-221. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AUTHORIZING THE MAYOR TO EXECUTE PROGRAM SUPPLEMENT AGREEMENT (PSA) NO. F015 WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE FIBER OPTIC TRAFFIC SIGNAL INTERCONNECT EXPANSION PROJECT TO ALLOW FOR REIMBURSEMENT OF UP TO $501,400 IN ELIGIBLE PROJECT EXPENDITURES THROUGH THE HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP); AND 2) AUTHORIZING THE ESTABLISHMENT OF AN ENGINEERING GRANTS FUND APPROPRIATION OF $501,400 AND CORRESPONDING REVENUE BUDGET. (Engineering/Public Works) ACTION: Adopted. See above. 55 73 of 416 Book 99 / Page 209 11-21-2017 CONSENT CALENDAR (cont.) CONTRACT (C2015-35) 12. Resolution No. 2017-222. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, AUTHORIZING THE ESTABLISHMENT OF AN ENGINEERING GRANTS FUND APPROPRIATION OF $37,675 AND CORRESPONDING REVENUE BUDGET FOR THE 18TH STREET BICYCLE ENHANCEMENTS PROJECT FUNDED THROUGH A HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) GRANT. (Engineering/Public Works) ACTION: Adopted. See above. PARKING & TRAFFIC CONTROL ADMIN (801=0 =38) 13. Resolution No, 2017-223. RESOLUTION,OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF STOP SIGNS AT VARIOUS INTERSECT ®NS WITHIN TI § NEIGHBORHOOD BOUNDED BY E. 4TH STREETTO THE NORTH, EftgH STREET TO THE SOUTH, HIGHLAND AVENUE TO THE EAST AND E AVENUE TO THE WEST IN RESPONSE TO'SAFE?T CONCERNS BY AREA RESIDENTS (TSC NO 201,•7 28). (Engineering/Public Works) ACTION: Adoptedr Swabove. PARKING & TRAFFIC CONTRO <ADMI ($01-02 8,))4. 14. Resolution Nov2017-224. RESOLcT ON OF 19E CITY COUNCIL OF THE CITY4OF NATIIONAL CITYIAU ORIZING THE INSTALLATION OF A RED CUI NO PARk1NG" OKIWIff NOR 4 SIDE OF E. 18TH STREET Nce ADJACENT¢O THE+ ,DRIVEWf YS OF "PARKV1EW APARTMENTS IN ORDER TO'EkIHANCEt SAFE`TY,� AND VISIBILITY FOR DRIVERS EEXITIN.G. THE APARTMENT DRIVEWAYS (TSC NO. 2017-29). ngineer ng/Publi WWorks) q„ ' ACTIO,N„mash, by Rios;:seconded by Mendivil to adopt the ResolutionCarri'ed;. by the following vote, to -wit: Ayes: Mendivil, Morrison, Rids, Soielo-Solis. Nays: None, Abstain: None. Absent: Cano. PARKING & TRAFFIC CONTROL ADMIN (801-02-38) 15. Resolution" No. 20f 225. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AyTIONAL CITY AUTHORIZING THE INSTALLATION OF A BLUE CURB`D.ISABLED PERSON PARKING SPACE WITH SIGNAGE IN FRONT OF THE RESIDENCE AT 241 E. 3RD STREET (TSC NO. 2017-30). (Engineering/Public Works) ACTION: Approved. See above. PARKING & TRAFFIC CONTROL ADMIN (801-02-38) 16. Resolution No. 2017-226. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF A BLUE CURB DISABLED PERSON PARKING SPACE WITH SIGNAGE IN FRONT OF THE RESIDENCE AT 608 "K" AVENUE (TSC NO. 2017- 31). (Engineering/Public Works) ACTION: Approved. See above. 56 74 of 416 Book 99 / Page 210 11-21-2017 CONSENT CALENDAR (cont.) TEMPORARY USE PERMITS 2017 (203-01-33) 17. Temporary Use Permit - "Christmas with Kids" hosted by Christmas with Kids at 223 E. 3rd Street on December 25, 2017 from 7 a.m. to 12 p.m. The applicant has requested a waiver of fees. (Neighborhood Services) RECOMMENDATION: Approve the Application for a TUP subject to compliance with all conditions of approval with no waiver of fees in accordance to City Council Policy 802. TESTIMONY: Michael Tren, representi,rgthe applicant, requested waiver of fees. Max •.�:+•�z ACTION: Motion by Sotelo-Solis,Fsecq ;ded by Rios, to approve with waiver of fees. Carried by the folllowin a vote, to -wit: Ayes: Mendivil, Morrison, Rios, 4 Sotelo-Solis. Rays: None. liAbstain: None. Absent: Cano. xfs k.:'ti'.W'. >., eta_r. 'x FINANCIAL MANAGEMENT 2017-2018 (.204-1-33) 18. National City Sales Tax Update` hewslette Second Quarter 2017. (Finance) AN ACTION: Approv S'e above. WARRANT REGISTER JULY 201i7 — JUNE 2018 (202 -32) 19. Warrant Register #15 for tAi'e period pf 11,0/04/1a7. through 10/10/17 in the amount of $1 61 4 8 63. (Finance) . Ati`ION: Ratiled. See abo u WARRANT REGISTER JULY2017 -- JUW E 2018 (202-1-32) 20. War'ani Registerdgsf ?the periodkof 10/11/17 through 10/17/17 in the mountaa ,1,023186..59. Fi ance ACT ON• Rani ed Se above✓ n dp PUBLIC HEARINGS:°ORDINANCES AND RESOLUTIONS SSPECIFIC ,rN — DO OWN (417-01-09) 21. ResotroNos. 20 7-227 and 2017-228. Public Hearing for the considerat o.rof alte :: ative resolutions of the City Council of the City of National Crty,to :approve or deny Downtown Specific Plan Consistency Review for ari1ijUnit Residential Building with Exemptions for Density and Driveway located at 129 National City Boulevard. (Applicant: Jose A. Perez) (Case File: 2016-11 DSP) (Planning) RECOMMENDATION: Approve subject to conditions of approval. TESTIMONY: Andy (no last name) a neighboring property owner, had no objection to the proposed project. Edward Paula, the property owner and Jose Peres, the project architect, spoke on behalf of the project and responded to questions. ACTION: Motion by Mendivil, seconded by Sotelo-Solis to close the Public Hearing. Carried by the following vote, to -wit: Ayes: Mendivil, Morrison, ios, Sotelo-Solis. Nays: None. Abstain: None. Absent: Cano. J/ 75 of 416 Book 99 / Page 211 11-21-2017 NON CONSENT RESOLUTIONS (cont.) SPECIFIC PLAN — DOWNTOWN (417-01-09) 21." Resolution Nos. 2017-227 and 2017-228 (continued) ACTION: Motion by Mendivil, seconded by Morrison to approve th 11 Unit Residential Building with findings and conditions of approval. Carried by the following vote, to -wit: Ayes: Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Abstain: None. Absent: Cano. CONTRACT (C2017-71) 22. Resolution No, 2017-229. RESOLUTION OFOHE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHOR{ZI,N:T4E CITY MANAGER TO EXECUTE AN AGREEMENT WITH,NEUTRONHOLDINGS, INC. DBA LIMEBIKE FOR BICYCLE $,NSHARING PR® yGRAM SERVICES. (Engineering/Public Works) **COMANION [TEM #4*ctN:\ RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ,,, ACTION: Motiorg,by Rios, secaridedbi Sotelo-Solis;<pt adopt the Resolution. Carried by the following vote, to -wit: Ayes: Mendivil, Morrison, Rios, Sotelo=S;olis. Nays.Ilone. Abstain: None. Absent: ,. �«s�;�xria. Cano. FINANCIAL MANAGEMENT 2017-2018 (204�1F=3,3) MANAGEMENT m ,aR'>•s'"`0d?,:3°�,�,�_ COMMUNITY PROMOTION(.102-1-3) yam, ti 23. Resolution(No. 2017 230. RESOLUTION OF / THE CITY COUNCIL OF THE CITY O,F -NATIONAL CITYAUTHORIZING THE AMENDMENT OF T;Y�: CIC.OUNCI POLICY #201, "MAINTENANCE OF RESERVES," 1) TO � ESTAB[JSH, AN RIRREVOCABLE SUPPLEMENTAL PENSION TRUST RESERVE"'SAND 2) ,TO REPLACE THE SEWER SERVICE FUND CONTINGEN N4,RESEI UE WITH FIVE SPECIFIC -PURPOSE SEWER SERVICE FUNDRESERVZES (Finance and Engineering/Public Works) RECOMMENDATION: Adoptfhe Resolution. Trpv.c ESTIMONYi4: None. �' I.� ACTION: Motion by Sotelo-Solis, seconded by Rios to adopt the Resolution. Carried by the following vote, to -wit: Ayes: Mendivil, MorrisotRios, Sotelo-Solis. Nays: None. Abstain: None. Absent: Cano. TEMPORARY USE PERMITS 2017 (203-01-33) 24. Temporary Use Permit - Love Thy Neighbor Toy Drive hosted by Love Thy Neighbor on December 9, 2017 from 1 p.m, to 9 p.m. at Sweetwater Harley- Davidson, 3201 Hoover Avenue with no waiver of fees. (Neighborhood Services) RECOMMENDATION: Approve the Application for a TUP subject to compliance with all conditions of approval with no waiver of fees or in accordance to City Council Policy 802. 'TESTIMONY: None. 58 76 of 416 Book 99 1 Page 212 11.21-2017 NEW BUSINESS (cont.) TEMPORARY USE PERMITS 2017 (203-01-33) 24. Temporary Use Permit (continued) ACTION: Motion by Mendivil, seconded by Sotelo-Solis to approve the_ TUP. Carried by the following vote, to -wit: Ayes: Mendivil, Morrison, Rios, Sotolo-Solis. Nays: None. Abstain: None. Absent: Cano. B. COMMUNITY DEVELOPMENT COMMISSION-410USING AUTHORITY ,...t. CONSENT RESOLUTIONS - HOUSING AUTH •�RI;aTY CONTRACT (C2017-67) „._�.. 25. Resolution No. 2017-59. Resol ten of the Community Development Commission -Housing Authority ofthe City of National "City authorizing the Chairman to execute a Certificate !Acceptance for a Q itcfaim Deed from the City of National City for a sanitarySewer .eas'ement within Phase II of the iea uct, an Paradise Creek Affordabsing Proj ca directing recordation of said Quitclaim Deed with the County �of San Dttego0Recorder's Office (APN 560- 391-11 & 560-206-08). (11OUsrngr&gconomieDevelopment) Companion Item #9" *: RECOMMEND'pTION: Adoptrythe Resolution_ TESTIMONY�<None. r r s 4 �rety' ACTION: Motion by Rios seconded by Sotelo-Solis to adopt the `�t� Yam. Resolution. Carried by tE e, ollowing vote, to -wit: Ayes: Mendivil, JVlorrison.; Rios Sotelo-Solls. Nays: None. Abstain: None. Absent: PUBLIC HEARINGS: RESOLUTIONS - HOUSING AUTHORITY NON CONSENT RESOLUTIONS4/.HOUSING AUTHORITY NEW BUSINESS - HOUS NG AUTHORITY C. REPORTS STAFF REPORTS 26. Las Palmas playground build completion. (Community Services) 27. A Kimball Holiday, December 8 and 9, 2017. (Community Services) MAYOR AND CITY COUNCIL Members of the City Council extended Thanksgiving wished to the community and staff. 77 of 416 Book 99 / Page 213 11-21-2017 CLOSED SESSION REPORT City Attorney Angil Morris -Jones reported that in Closed Session the City Council was briefed in one matter and gave direction in another matter by a unanimous vote of those present. (See attached Exhibit `L') ADJOURNMENT Motion by Sotelo-Solis, seconded by Rios, to adjourn the meeting to the next Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday — December 5, 2017 - aynn>5'^/ 6:00 p.m. - Council Chambers - National City, Calit`q;mia. Carried by the following vote, to -wit: Ayes: Morrison, Mendivil, Rios, Sotal'inoiis. Nays: None. Abstain: None. Absent: Cano. The meeting dosed at 8:28 p.m. 46 The foregoing minutes were approV,.ed atthe RegularMeeting of April 17, 2018. 60 78 of 416 EXHIBIT `L1 NA*ONNiusettr c---;#43947 AGENDA OF A SPECIAL MEETING CITY COUNCIL OF THE CITY OF NATIONAL CITY Main Conference Room Civic Center 1243 National City Bou ova National City, California Special Meeting - Tuesday, No eem"ber 21, 2017 5 000 p.m. ROLL CALL CITY COUNCIL CLOSED SESSION 1. Conference ' ith;+ eaal,Gounsel — Po a tial LIti ation` SignrficanttEAsure to LI$aation unde Government Code Section 54956.9(d}(4) Two Potenti ICases4A ADJOURN RegtlaMeeting of h of tli=CIIy of Nationa Nationli,Git , California. y Coui c 1, and Community' Development Commission - Housing Authority - Tuesday - November 21, 2017 - 6:00 p.m. - Council Chambers - 61 79 of 416 Book 99 / Page 214 12-05-2017 DRAFT DRAFT DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY December 5, 2017 The Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of Nationa ,City was called to order at 6:09 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL Council / Board members present: Cano, Mendivil, Morr►'so'n, Rios, Sotelo-Solis. Ott, >i,« s;x� Administrative Officials present: Della p ese, Denharh Duong, Manganiello, Morris -Jones, Parra, Raulston, Roberts' odriguez, Steven on,4Vergara, Williams, Ybarra. Others present: City Treasurer Mitch Bea = champ` and Student `Representative Erika Gastelum. PLEDGE OF ALLEGIANCE 1:40 TO T°HEtFLtAG BY MAYOR RON MORRISON PUBLIC COMMENTS Sandy Bundy, re esen i.rag. the SaDiego.rPubli'cEmployees Union, spoke on behalf of their 370members'regardingcent negotiations with the Metropolitan Transit System. PRESENTATIONS COUNCIL MEETING SPRESENTATIONSW AWARDS & RECOGNITIONS 2017 14= (102-12) 1. 2O1 Storm Water Caler'dar Presentation. (Tirza Gonzales, Executive Ser f ) (Engine rng/Public Works) 2. SDG&E Rate Refoh49 Update. (Laura Welty, Outreach Supervisor) CITY COUNCIL CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 3 (NCMC), Item No. 4 (Minutes), Item Nos. 5 through 9 (Resolution Nos. 2017-231 through 2017-235, Item Nos. 10 and 11 (Warrant Registers). Motion by Sotelo-Solis, seconded by Cano, to approve the Consent Calendar except for Item No. 8 and No. 9. Carried by unanimous vote. 62 80 of 416 Book 99 / Page 215 12-05-2017 CONSENT CALENDAR (cont.) MUNICIPAL CODE 2017 (506-2-32) 3. MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE WAIVING OF THE READING OF THE TEXT OF THE ORDINANCES CONSIDERED AT THIS MEETING AND PROVIDING THAT SUCH ORDINANCES SHALL BE. INTRODUCED AND/OR ADOPTED AFTER A READING OF THE TITLE ONLY. (City Clerk) ACTION: Approved. See above. APPROVAL OF THE MINUTES (103-2-1). 4. APPROVAL OF THE MINUTES OF T,HREGULAR MEETING OF THE CITY COUNCIL_ AND COMMUNITY' DEVELQP j1ENT COMMISSION - HOUSING AUTHORITY OF THE 0I e OF NATIONAL CITY OF APRIL 4, '2017 AND ADJOURNED REGULAR MEETINGS OFHE CITY COUNCIL AND COMMUNITY DEVEL®PMENT COMMISSION - HOUSING AUTHORITY OF NATIONAL CITY°':.OF FEB WARY 28, 2 > _ `7 AND APRIL 25, 2017. (City Clerk)x. ACTION: Approved See above.' CONTRACT (C2014-42) 5. Resolution No,. 2017-231. {,`RESOItUJTIN OF THE CITY COUNCIL OF �2:):� 3,Oe1, THE CITY N`P.uJONAL CITY, ,11)� U:T,�L O,R Z 1G THE MAYOR TO EXECUTE A '1 0-YEAR AGREEMENT WITH GEOSYNTEC CONSULTANTS, 1NC. FOR A NOTITO-EXCEED AMOUNT OF $500,000 TO PROVIDES ON -CALL PROJECT SUPPORT SERVICES FOR NAnT[,ONAL CIT ,S1: CAPITAL �VIPROVEMENT PROGRAM (CIP), yY:!:.%F,ds�`f•A�x y;'�?.:�.. �,Y3C,;� � `.:F cri � INCLUDING BUT4NOT LIMIDTO ,IENVIRONMENTAL ENGINEERING, ;SITE ASSESSMF'17S, CHARACTERIZATION AND REMEDIATION, ' xsfrn. F ,a 4fr:� GROUNDWAT;�ER MO rITORING AND REPORTING, AND PREPARATION �!^ ih OF z,ENVIRONMENTAL° STUDIES IN ACCORDANCE WITH THE NAT1O,NAL ENVIRONMENTAL POLICY ACT (NEPA) AND CALIFORNIA ENVIRONMENTALQUALITY ACT (CEQA); AND 2) AUTHORIZING THE CITY R1ANAGER: TO EXECUTE ANY , PROJECT -SPECIFIC SUPPLEME (\IAL AGREEMENTS, AS MAY BE REQUIRED FOR GRANT FUNDED PR4CAVTS. (Engineering/Public Works) ACTION:t`Approved. See above. LAND USE PLANNING/MITIGATION (405-10-4) 6. Resolution No. 2017-232. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND ADOPTING THE UPDATED MULTI -JURISDICTIONAL HAZARD MITIGATION PLAN, AND AUTHORIZING THE CITY MANAGER TO IMPLEMENT SAID PLAN. (Building/Fire) ACTION: Approved. See above. 63 81 of 416 Book 99 / Page 216 12-05-2017 CONSENT CALENDAR (cont.) EQUIPMENT / VEHICLE PURCHASE ADMIN (209-01-01) 7. Resolution No, 2017-233. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACCEPTANCE OF THE LOWEST, RESPONSIVE, RESPONSIBLE BID, FOR THE PURCHASE OF (1) 2018 NISSAN ALTIMA, FOR THE POLICE DEPARTMENT FROM MOSSY NISSAN OF NATIONAL CITY, IN THE AMOUNT OF $18,896.22. (Finance) ACTION: Approved. See above. EQUIPMENT / VEHICLE PURCHASE ADMIN(209-010�1') .�„tom, � ��. 8. Resolution No. 2017-234_ RESQLUTTION OF T ECITY COUNCIL OF THE CITY OF NATIONAL C1TYjA fTHORIZING THEttiVCEPTANCE OF THE LOWEST, 3 ' �,. RESPONSI fE;���RESPONSIBLE �B;CD,� FOR THE PURCHASE OF (1) 2018 TOYO*A CAMP LE, FORtTHE POLICE DEPARTMENT FROM,KEARNY MESA.�TOYOTA OF SAN DIEGO, IN THE AMOUNT OF $24,016T ( nance) ACTION: Motion fey/i ano, seconded by Mendivil to adopt the Resolution, Carried :: y una".'i , pus vote.' EQUIPMENT / VEND{�E, F)PURCHAWDMIles .(209Y01-01i): 9. Resolutio N' . 20"17 235. RE�SOLI&JTIONG°OFAITHE CITY COUNCIL OF THE CITY$.F NATIONAL CITY .AUTHORIZING THE ACCEPTANCE OF THE LOW-ST, RESPONSIVE; + RESPONSIBLE BID, FOR THE URCHASE OF(1e20a1$HONDA- ACCORD LX, FOR THE POLICE DEPARTMENT FR'®M PAG!FIG,,,,HONDA OF SAN DIEGO, IN THE !MOUNT$24P6. (Fin nk) ACTIONM '`"b{�31�otion .ly Cano, seconded by Mendivil to adopt the Resolutiontf arried _by unanimous vote. tS WARRANTREGISTER Jt1lY 2017 — JUNE 2018 (202-1-32) 10. Warranftgister it0 for the period of 10/18/17 through 10/24/17 in the amount of'$145: 44$1.46. (Finance) ACTIONVRatified. See above. WARRANT REGISTER JULY 2017 — JUNE 2018 (202-1.32) 11. Warrant •Register #18 for the period of 10/25/17 through 10/31/17 in the amount of $269,109.72. (Finance) ACTION: Ratified. See above. 64 82 of 416 Book 99 / Page 217 12-05.2017 PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS SEWER CAPACITY/ FEES ADMIN (906-01-04) 12, Resolution No. 2017-236. Public Hearing to Consider Proposed Adjustments to Sewer Service Charges in accordance with Proposition 218 requirements, and the adoption of a Resolution of the City Council of the City of National City approving the proposed rate adjustment. (Engineering/Public Works) RECOMMENDATION: Adopt the Resolution.; TESTIMONY: None. The City Clerk rrepoItted that six written protests were received prior to the meeting. ;" ACTION: Motion by Cano, secondeby�r. ef�ndivil to open the Public Hearing. Carried by unanimouswote. tM,t:>> Motion by Cano, seconde yMendivil to close the Public Hearing. Carried by unanimous vote' Motion by Mendivil, secoLded by Soteio-SoliLg4to adopt the f3#`'v � ra k`. w j� Resolution. Carried by the iylowing ;,vote, to-v 11.yes: Cano, Mendivil, Morrison,,,,,Sotelo-Soliss Nays: Rios. Abstain: N:dne. Absent: � None. °• • . i`,, f, say;. „ SEWER CAPACITY / FEES AMAIN (906=01.-04) 13. Ordinance No.,.2017-2442�Public Ida ing tithe Introduction of an Ordinance.,..lothftity Council of t eaky of National City repealing Ordinance: 6. 2008; 22226 and. adopting an Ordinance establishing Sewer Service Charges for fiscal years q0itl8-19, 2019-20, 2020-21, 2021-22, and 2022-23. (Erngineeringaalc Work). RE;COMMENDATION�In roduce the_Ordinance, A-TTESTIMONY ;None. -- ACTION,, Motion, by SoteSolis, seconded by Cano to open the Public Hearinq'Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison Sotelo-Solis. Nays: Rios. Abstain: None. Absent: None. (7,,: Motion by Sb elo-Solis, seconded by Cano to close the Public NIA)::,, Cyr ed by unanimous vote. TRAFFIC SPEED CONTROL ADMIN (801-06-01) 14. Ordinance No. 2017-2443. Public Hearing on the Introduction of an Ordinance of the City Council of the City of National City amending Title 11, Section 11.16.010 Speed Zones Designated, of the National City Municipal Code establishing speed limits on various roadways based on certified Engineering and Traffic Surveys Default Item. (Engineering/Public Works) RECOMMENDATION: introduce Ordinance for first reading. TESTIMONY: None. 65 83 of 416 Book 99 ! Page 218 12-05-2017 PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS (cont.) TRAFFIC SPEED CONTROL ADMIN (801-06-01) 14. Ordinance No. 2017-2443 (continued). ACTION: Motion by Mendivil, seconded by Sotelo-Solis to open the Public Hearing. Carried by unanimous vote. Motion by Mendivil, seconded by Cano to close the Public Hearing. Carried by unanimous vote. Motion by Sotelo-Solis, seconded by ,Mendivil to introduce the Ordinance. Carried by unanimous votefV NON CONSENT RESOLUTIONS CONTRACT (C2012-08) 15. Resolution No. 2017-237. RESOLUTION OF THE C1TYCOUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MAINTENANCE & OPERATING AGREEMENT\ BY AND` BEETWEEN THE CITY AND A REASON T„O SURVIVE (ARTS) 'CONSISTINc3 OF A TERM OF 36 MONTHS WITH 7 .OPTION TOE: TEND THE TERM FOR UP TO TWO ADDITIONAL 60 MVJMO.NT;HPERIODS'OR THE CITY -OWNED LAND AND BUILDING LOCATED AT 200 EAST 1t2TH, STREET IN NATIONAL CITY. (Housing, Economic evelop mO,nt)a RECOMMEFTDATI.QN Appro e4he Re9I oQ STAFF C:OMMENTS: It was poigted�'',,but, forihe record that, there was a typo on tle\first page of thy-., roposed agreement designating the agreementCd"ate ti �T>ESTIIIHO�NY Mat Darego,f appeared on behalf of ARTS and f" sporended tofquestlons' � .li�i: try OXkFiiiv� ACTION: Member Sotel'o•' :Solis distributed a written copy of a proposedY amengrnent to Section 12.2 of the draft agreement. (See ExhibiA' attached). Motion by Sotelo-Solis, seconded by Rios to adopt the Agreement with the proposed Amendment to Section 12.2. Motion failed by the following vote;, to -wit: Ayes: Rios, Sotelo-Solis. Nays: Cano, Meridiyil Marsison. Abstain: None. Absent: None. Motiont?yliiVlendivil, seconded by Rios, to adopt the Resolution includind'the correction. Carried by the following vote, to -wit: Ayes: Mendivil, Morrison, Rios, Sotelo-Solis. Nays: Cano. Abstain: None. Absent: None. NEW BUSINESS BOARDS & COMMISSIONS ADMIN (101-01-01) 16. Report from the Civil Service Commission to the City Council of the City of National City. (Human Resources) RECOMMENDATION: Accept and file report. 66 84 of 416 Book 99 / Page 219 12-05-2017 NEW BUSINESS (cont.) BOARDS & COMMISSIONS ADMIN (101-01-01) 16. Report from the Civil Service Commission (continued) TESTIMONY: David Garcia, Chair of the Civil Service Commission was present to respond to questions regarding the report. ACTION: Motion by Morrison, seconded by Rios, to accept and file. Carried by unanimous vote. COUNCIL POLICY ADMIN (102-13-01) '- x ri4:i :i3t,T}ti' 17. Discussion regarding City Council Policy,0802, "City Support for Special Events, Activities, Programs and Services'(iance) RECOMMENDATION: Provide staNi ection' iegarding amendment of City Council Policy It 802, "City4,Support for Spec al Events, Activities, Programs and Services". TESTIMONY: None, ACTION: Motion by Morrison secondedlby Canoe`o,bring back at the January meeting languageiltie,u$ tF e loop holesisoAthat events where cash is giveriout that everitsf are treated like ar y other cash donation. The mc.ti97ti as., clarified�to3fie, when money is being given to organizations-individ�ualstis. being 'u ed for events that they be treated the same asVAy otfi �rw;t�ansfer of r"noney that would have to be fullyNaccaunted witNreceiptsPIO.A'ried by�the following vote, to -wit: Ayes' Cano, :Mendivil, 'Morrisonn''�Nays otelo-Solis, Rios. Abstain: Norie Absent None. r V '\ B. COMMUNITY DEVELOP:MENTACOMMISSION HOUSING AUTHORITY A recess was cal dat 47 p.rn The meeting reconvened at 8 59 All members were present. NON CONSENT RESOLUTIONS "HOUSING AUTHORITY HOUSING AUTHORITY 201.7 (404-1-6) CONTRACT (C2017_-24)K-�J 18. Resolution NN'o:.2017-60. RESOLUTION OF THE COMMUNITY DEVELOPMENT' COMMISSION -HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY ACCEPTING THE FINDINGS FROM THE ANALYSIS COMPLETED BY KEYSER MARSTON ASSOCIATES, INC., OF FOUR FINANCIAL PROPOSALS SUBMITTED THROUGH A REQUEST FOR PROPOSALS PROCESS; SELECTING THF. DEVELOPMENT TEAM COMPRISED OF COMMUNITY HOUSINGWORKS, INC., A CALIFORNIA NON-PROFIT PUBLIC BENEFIT CORPORATION, AND MERCY HOUSING CALIFORNIA, INC., A CALIFORNIA NON-PROFIT PUBLIC BENEFIT CORPORATION, FOR THE RECAPITALIZATION AND REHABILITATION OF KIME3ALL AND MORGAN TOWERS LOCATED AT 1317 AND 1415 "D" AVENUE IN NATIONAL CITY; AND AUTHORIZING 67 85 of 416 Book 99 / Page 220 12-05-2017 NON CONSENT RESOLUTIONS - HOUSING AUTHORITY (cont.) HOUSING AUTHORITY 2017 (404-1-6) CONTRACT (C2017-24) 18. Resolution No. 2017-60 (continued). THE CITY MANAGER TO EXECUTE AN EXCLUSIVE NEGOTIATING AGREEMENT IN ORDER TO BEGIN NEGOTIATIONS WITH THE SELECTED DEVELOPER. (Housing & Economic Development) RECOMMENDATION: Adopt the Resolution„ '4 TESTIMONY: Paul Marrow and and associate from Keyser Marston ��r,: °sus Associates presented a summary�oftheir work, findings and recommendation on the RFP process. Mary Jane Jagodzinski, from Community Hsing Works, spoke in support of the findings.� `? Walter Hybird, representing Chelsea Investment4:Gorp., requested a YS;C7c.. short continuance of the itemx Colin Rice, representing tvlorgan Kizmba yCommunity Pa triers, spoke on behalf of his :gr oup s proposal as�rbeing best for seniors and the City. Juaquin Morales, lational G ty, spokk ,:dn support of Community Housingri,Works and expressed appreciation for the Paradise Creek apartment complex. t e. r__ Olia;Madiscalgde Cansada;NationalGity, expressed appreciation for ° : the facilities and 'programs available at Paradise Creek Apartments antl Community dousing Works. Miguel Fig4eroa4National^' City, expressed appreciation to COmrr unity -Housing 1N.6rks forWrograms that are assisting his family to sUceeed. David"lkGa cia, National City, spoke in support of staff recommendation andmoving forward with the project. ACTION: Motion by) Sotelo-Solis, seconded by Rios to move forward with staff recommendation and adopt the Resolution. Carved by tyhe following vote, to -wit: Ayes: Mendivil, Rios, Sotelo- SoliskYNaysr C:ano, Morrison. Abstain: None. Absent: None. C.'REPORTS STAFF REPORTS Emergency Services Director Parra provided an update on 1) the Hepatitis "A" outbreak and the addition of two additional hand -washing stations in the City and, b) the extreme fire conditions and Red Flag Warning currently is existence in San Diego County and steps being taken to address the situation. 68 86 of 416 Book 99 ! Page 221 12-&5-2017 MAYOR AND CITY COUNCIL Vice Mayor Mendivil reported on his participation in the Thanksgiving event sponsored by the Police Department to provide groceries to 50 families made possible by donations from community members, businesses and their employees. Member Sotelo-Solis acknowledged the Police Department and others who have participated in efforts to provide for the needy and thanked the staff for all their efforts during the year. Member Rios reported on the recruitment process u9deay by SANDAG to select a new CEO and that she was unable to attend the; Ke or's Open House because she attended the Police Departments Christmas Part on the same night. Member Cano expressed thanks and appraciation to Nay,,or Morrison for hosting his annual Open House Christmas event. Mayor Morrison said that this year his office was able to distil b to 595 turkeys to needy families that were donated by a number of loc ,businesses, CLOSED SESSION REPORT: There was no Closed Session. . ADJOURNMENT 'ilk ` Motion by Sotelo-Solis., s ,econded; by Rios to.,adiourii the meeting to the next Regular Meeting_ofifh'e`<;City Council and Corimunity Development Commission - Housing Authority of the Cityof National,,City - Tuesday — December 19, 2017 - 6:00 p.m. - CounciIChambers, - National€ity, California. Carried by unanimous vote. .Y3n e'�` w tia ^•' ^a` '-rod..-.!-, x n.;..., K3. Regul Meeting of theCity?Council and Community Development Commission Housing AuthorityoFft�he C`ty,.of NationalGity - Tuesday - December 19, 2017 - 6:00(p;m,, - Council C :;ambers >National City, California. City Couc�l':and Community Development Commission - Housing Authority of the City of National City Meetinng Schedule for the Period January 2, 2018 through January 16, 20c .,'1 January 02 - DispenseYwi f}iyMeeting - 6:00 pm January 16 - RegularI Ieeting - 6:00 pm The meeting closed at 10:35 p.m. City Clerk The foregoing minutes were approved at the Regular Meeting of April 17, 2018. Mayor 69 87 of 416 CC/CDC-HA Agenda 4/17/2018 — Page 88 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 Mayor to execute the Standard Assurances for the FY17 State Homeland Security Grant Program and the Proof of Authority required therein and 2) the establishment of Reimbursable 88 of 416 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 17, 2018 AGENDA ITEM NO, ITEM TITLE: Resolution of the City Council of the City of National City authorizing 1) the Mayor to execute the Standard Assurances for the FY17 State Homeland Security Grant Program and the Proof of Authority required therein and 2) the establishment of Reimbursable Grants City -Wide Fund appropriations and corresponding revenue budgets each in amounts totaling $51,472 for FY17 State Homeland Security Grant Program funds for a reimbursable grant purchase of equipment for the Police and Fire Departments. (F )- PREPARED BY: Frank Parra DEPARTMENT: PHONE: 619-336-4551 APPROVED BY: EXPLANATION The FY17 State Homeland Security Grant Program was designed to supplement the purchase of equipment, training, exercises, and planning for Police and Fire personnel. The San Diego County Office of Emergency Services coordinates the requests for equipment, training, exercises, and planning. In order to receive grant funds, National City must authorize the submission of the Standard Assurances for the FY17 State Homeland Security Grant Program. National City's allocation was $50,631 and Lincoln Acres was $841 for a grand total of $51,472 for equipment. The equipment funds will be divided evenly between the City's Police and Fire Department. This grant program requires the City to incur expenses, and then apply for reimbursement. In order to be eligible for reimbursement, the Police and Fire Departments must purchase and/or receive the items prior to the June 30, 2019 deadline. Staff recommends the utilization of $51,472 of City funds for equipment for the Police and Fire Department, and to request reimbursement for such expenses from the San Diego County Office of Emergency Services. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. 282-411-949-355-0000 $25,736.00 APPROVED: 282-412-949-355-0000 $25,736.00 No City match required. ENVIRONMENTAL REVIEW: !This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: California Governor's Office of Emergency Services FY2017 Standard Assurances FY17 SHSG Approved Allocation Proof of Authority Resol ution MIS 89 of 416 Cal OES GOVERNOR'S OFFICE OF EMERGENCY SERVICES Standard Assurances For All Cal OES Federal Grant Programs As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management and completion of the project described in this application, within prescribed timelines. further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the: (a) Applicable Federal Regulations (see below); (b) Federal Program Notice of Funding Opportunity (NOFO); (c) California Supplement to the NOFO; and (d) Federal and State Grant Program Guidelines. Federal Regulations Government cost principles, uniform administrative requirements and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.).Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/. Significant state and federal grant award requirements (some of which appear in the documents listed above) are set forth below. The Applicant hereby agrees to comply with the following: 1. Proof of Authority The Applicant will obtain written authorization from the city council, governing board or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree: (a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required. (b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board or authorized body. (c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board or authorized body; and (d) The official executing this agreement is, in fact, authorized to do so. This Proof of Authority must be maintained on file and readily available upon request. Homeland Security Grant Program — 2017 Grant Assurances 90 of 416 Page 1 of 11 Initials 2. Period of Performance The Applicant will initiate work after approval of the award and complete all work within the period of performance specified in the grant. 3. Lobbying and Political Activities As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that: (a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and §§7324- 7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor's Office of Emergency Services (Cal OES) or the federal awarding agency. 4. Debarment and Suspension As required by Executive Orders 12549 and 12689, and 2 C.F.R. §200.212 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its principal, subgantees, recipients or subrecipients: Homeland Security Grant Program — 2017 Grant Assurances 91 of 416 Page 2 of 11 Initials (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default. Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 5. Non -Discrimination and Equal Employment Opportunity The Applicant will comply with all federal statutes relating to non-discrimination. These include, but are not limited to, the following: (a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. §2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services; (b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity; (c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs (42 U.S.C. §§ 12101-12213.); (e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (f) Public Health Service Act of 1912 (42 U.S.C. §§ 290), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units Homeland Security Grant Program — 2017 Grant Assurances 92 of 416 Page 3 of 11 Initials (all units in buildings with elevators and ground -floor units in buildings without elevators) — be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201); ; (h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin; (i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors; (j) California Public Contract Code §10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages; (k) DHS policy to ensure the equal treatment of faith -based organizations, under which all applicants and recipients must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19; (I) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and (m)The requirements of any other nondiscrimination statute(s) which may apply to the application. In addition to the items listed in (a) through (m), the Applicant will comply with California's Fair Employment and Housing Act (FEHA). FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth, or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave (California Government Code §§ 12940, 12945, 12945.2), military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions. 6. Drug -Free Workplace As required by the Drug -Free Workplace Act of 1988 (41 U.S.C. §701 et seq.), the Applicant certifies that it will maintain a drug -free workplace and a drug -free awareness program as outlined in the Act. 7. Environmental Standards The Applicant will comply with state and federal environmental standards, which may be prescribed pursuant to the following, as applicable: (a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000- 21177), to include coordination with the city or county planning agency; (b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000- 15387); Homeland Security Grant Program — 2017 Grant Assurances 93 of 416 Page 4 of 11 Initials (c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources; (e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmental and human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities; (f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988; (g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands; (i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205); (k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (I) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (m)Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to § 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution. 8. Audits For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements. 9. Access to Records In accordance with 2 C.F.R. §200.336, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. Homeland Security Grant Program — 2017 Grant Assurances 94 of 416 Page 5 of 11 Initials The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision. 10. Conflict of Interest The Applicant will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 11. Financial Management False Claims for Payment The Applicant will comply with 31 U.S.0 §§ 3729-3733 which sets forth that no recipient shall submit a false claim for payment, reimbursement or advance. 12. Reporting - Accountability The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), specifically (a) the reporting of subawards obligating $25,000 or more in federal funds and (b) executive compensation data for first -tier subawards. This includes the provisions of FFATA, which includes requirements for executive compensation, and also requirements implementing the Act for the non-federal entity at 2 C.F.R. Part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and 2 C.F.R. Part 170 Reporting Subaward and Executive Compensation Information. 13. Whistleblower Protections The Applicant also must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310. 14. Human Trafficking The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from: (1) engaging in trafficking in persons during the period of time that the award is in effect: (2) procuring a commercial sex act during the period of time that the award is in effect: or (3) using forced labor in the performance of the award or subawards under the award. 15. Labor Standards The Applicant will comply with the following federal labor standards: (a) The Davis -Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally -assisted construction contracts or subcontracts; and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations. 16. Worker's Compensation The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Homeland Security Grant Program — 2017 Grant Assurances 95 of 416 Page 6 of 11 Initials Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq. 17. Property -Related If applicable to the type of project funded by this federal award, the Applicant will: (a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase; (b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more; (c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § 469a-1 et seq.); and (d) Comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead -based paint in construction or rehabilitation of residence structures. 18. Certifications Applicable Only to Federally -Funded Construction Projects For all construction projects, the Applicant will: (a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project; (b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. 19. Use of Cellular Device While Driving is Prohibited Applicants are required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving a motor vehicle while using an electronic wireless communications device to write, send, or read a text -based communication. Drivers are also prohibited from the use of a wireless telephone without hands -free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services. Homeland Security Grant Program — 2017 Grant Assurances 96 of 416 Page 7 of 11 Initials 20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity's grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process. HOMELAND SECURITY GRANT PROGRAM - PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS 21. Reporting Accusations and Findings of Discrimination If during the past three years the recipient has been accused of discrimination on any basis the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS Financial Assistance Office and the DHS Office for Civil Rights and Civil Liberties (CRCL) by e-mail at crck hq.dhs.gov or by mail at U.S. Department of Homeland Security Office for Civil Rights and Civil Liberties, Building 410, Mail Stop #0190, Washington, D.C. 20528. If the courts or administrative agencies make a finding of discrimination on grounds of race, color, national origin (including LEP), sex, age, disability, religion, or familial status against the recipient, or the recipients settle a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS Financial Assistance Office and the CRCL by e-mail or mail at the addresses listed above. The United States has the right to seek judicial enforcement of these obligations. 22. Acknowledgment of Federal Funding from DHS All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. 23. Activities Conducted Abroad All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. 24. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All recipients who collect PII are required to have a publically-available privacy policy that describes standards on the usage and maintenance of PII they collect. Recipients may also Homeland Security Grant Program — 2017 Grant Assurances 97 of 416 Page 8 of 11 Initials find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template a useful resource respectively. 25. Copyright All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. 26. Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions. 27. Energy Policy and Conservation Act All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. 28. Federal Debt Status All recipients are required to be non -delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129. 29. Fly America Act of 1974 All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942 30. Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a. Homeland Security Grant Program — 2017 Grant Assurances 98 of 416 Page 9 of 11 Initials 31. Non -supplanting Requirements All recipients who receive federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources. 32. Patents and Intellectual Property Rights Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14. 33. SAFECOM All recipients who receive federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. 34. Terrorist Financing All recipients must comply with Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws. 35. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the recipient's currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, you must comply with the requirements set forth in the government -wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions. 36. USA Patriot Act of 2001 All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c. 37. Use of DHS Seal, Logo, and Flags All recipients must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Homeland Security Grant Program — 2017 Grant Assurances 99 of 416 Page 10 of 11 Initials IMPORTANT The purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. The Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds. All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the subrecipient may be ineligible for award of any future grants if the Cal OES determines that any of the following has occurred: (1) the recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above. All of the language contained within this document must be included in the award documents for all subawards at all tiers. All recipients are bound by the Department of Homeland Security Standard Terms and Conditions 2017, Version 7.0, hereby incorporated by reference, which can be found at: https://www.dhs.gov/publication/fy15-dhs-standard-terms-and-conditions. The undersigned represents that he/she is authorized by the Applicant to enter into this agreement for and on behalf of the said Applicant. Applicant: City of National City Signature of Authorized Agent: Printed Name of Authorized Agent: Ron Morrison Title: Mayor Date: Homeland Security Grant Program — 2017 Grant Assurances 100 of 416 Page 11 of 11 Initials FY 2017 STATE HOMELAND SECURITY PROGRAM (SHSP) GRANT APPROVED ALLOCATION JURISDICTION FY2016 - ALLOCATION FY2017 - ALLOCATION CITIES LE - 25% of FY16 Allocation Non -LE Allocation TOTAL Sworn LE Personnel Figures (2016) LE - 25% of FY17 Allocation Non -LE Population (2016) Non -LE Allocation TOTAL % Change from FY2016 to FY2017 CARLSBAD 16,643 68,175 84,818 110 16,643 112,930 65,619 82,262 -3.01% CHULA VISTA 32,681 153,285 185,966 216 32,681 265,070 147,286 179,967 -3.23% CORONADO 6,203 19,114 25,317 41 6,203 25,230 18,543 24,746 -2.26% DEL MAR - 7,391 7,391 - - 4,274 7,294 7,294 -1.31% EL CAJON 18,459 62,249 80,708 122 18,459 102,337 59,933 78,392 -2.87% ENCINITAS - 39,644 39,644 - - 61,928 38,242 38,242 -3.54% ESCONDIDO 23,149 89,338 112,487 153 23,149 150,760 85,926 109,075 -3.03% ESCONDIDO RINCON DEL DIABLO - 8,608 8,608 - - 15,387 8,259 8,259 -4.05% IMPERIAL BEACH - 20,347 20,347 - - 27,434 19,726 19,726 -3.05% LA MESA 10,288 38,555 48,843 68 10,288 59,982 37,197 47,485 -2.78% LEMON GROVE - 19,887 19,887 - - 26,611 19,284 19,284 -3.03% NATIONAL CITY 13,012 38,995 52,007 86 13,012 60,768 37,619 50,631 -2.65% NATIONAL CITY - LINCOLN ACRES - 876 876 - - 1,566 841 841 -4.00% OCEANSIDE 31,471 103,429 134,900 208 31,471 175,948 99,446 130,917 -2.95% POWAY - 33,029 33,029 - - 50,103 31,894 31,894 -3.44% SAN DIEGO 281,572 - 281,572 1,861 281,572 - - 281,572 0.00% SAN MARCOS - 57,191 57,191 - - 93,295 55,079 55,079 -3.69% SAN MARCOS FPD - 8,094 8,094 - - 14,469 7,767 7,767 -4.04% SANTEE - 36,751 36,751 - - 56,757 35,466 35,466 -3.50% SOLANA BEACH - 12,549 12,549 - - 13,494 12,243 12,243 -2.44% VISTA - 60,324 60,324 - - 98,896 58,086 58,086 -3.71% VISTA FPD - 12,207 12,207 - - 21,820 11,713 11.713 -4.05% TOTAL CITIES 433,478 890,038 1,323,516 2,865 433,478 1,439,059 857,463 1,290,941 -2.46% FIRE DISTRICTS/OTHER 2-1-1 SAN DIEGO - 70,000 70,000 - - - 70,000 70,000 0.00% ALPINE FPD - 13,521 13,521 - - 15,231 13,176 13,176 -2.55% DEER SPRINGS FPD - 11,885 11,885 - - 12,308 11,607 11,607 -2.34% JULIAN-CUYAMACA FPD - 7,330 7,330 - - 4,165 7,236 7,236 -1.28% LAKESIDE FPD - - - - 62,188 38,382 38,382 N/A NORTH COUNTY FPD - 33,680 33,680 - - 51,268 32,520 32,520 -3.44% PORT OF SAN DIEGO 18,459 18,459 122 18,459 - - 18,459 0.00% RANCHO SANTA FE FPD - 23,110 23,110 - - 32,373 22,377 22,377 -3.17% SAN MIGUEL FPD - 74,644 74,644 - - 124,494 71,826 71,826 -3.78% VALLEY CENTER FPD - 14,367 14,367 - - 16,745 13,988 13,988 -2.64% TOTAL FIRE DISTRICTS/OTHER 18,459 248,537 266,996 122 18,459 318,772 281,112 299,571 12.20% COUNTY DEPTS OES, HHSA-EMS 1.386.946 1,386.946 - 1,386,946 1,386.946 0.00% SHERIFF 1 389.903 - 389.903 2,577 389.903 - 389.903 0.00% TOTAL COUNTY DEPTS 1 389,903 1,386,946 1,776.849 2,577 389,903 - 1,386,946 1,776,849 0.00% TOTAL ALLOCATIONS 1 841,840 2,525,521 3,367,361 5,564 841,840 1,757,831 2,525,521 3,367,361 0.00% Notes: 'Personnel Cap: Each jurisdiction's allocation has a personnel cap of 50%. *San Diego Sheriff includes: Unincorporated San Diego County and the contracted cities of Del Mar, Encinitas, Imperial Beach, Lemon Grove, Poway, San Marcos, Santee, Solana Beach and Vista. 101 of 416 Standard Assurances Proof of Authority The City Council of the City of National City hereby agrees: (a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required. (b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board or authorized body. (c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board or authorized body; and (d) The official executing this agreement is, in fact, authorized to do so. PASSED and ADOPTED this 17th day of April, 2018. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Angil P. Morris -Jones City Attorney 102 of 416 RESOLUTION NO. 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE STANDARD ASSURANCES FOR THE FISCAL YEAR 2017 STATE HOMELAND SECURITY GRANT PROGRAM, AND AUTHORIZING THE ESTABLISHMENT OF REIMBURSABLE GRANTS CITY-WIDE FUND APPROPRIATIONS AND CORRESPONDING REVENUE BUDGETS EACH IN AMOUNTS TOTALING $51,472 FOR FISCAL YEAR 2017 STATE HOMELAND SECURITY GRANT PROGRAM FUNDS FOR A REIMBURSABLE GRANT PURCHASE OF EQUIPMENT FOR THE POLICE AND FIRE DEPARTMENTS WHEREAS, the Fiscal Year State Homeland Security Grant Program ("Grant Program"), which is coordinated by the San Diego County Office of Emergency Services. was designed to supplement the purchase of equipment, training, exercises, and planning for police and fire personnel; and WHEREAS, for National City to receive its share of the reimbursable grant funds in the amount of $51,472 for the purchase of equipment, the City Council must authorize the submission of the Grant Assurances for the Fiscal Year 2017 State Homeland Security Grant Program; and WHEREAS, to be eligible for reimbursement, the Police and Fire Departments must purchase and/or receive the equipment prior to the June 30, 2019 deadline by utilizing City funds in the amount of $51,472, and request reimbursement for such expenses from the San Diego County Office of Emergency Services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Grant Assurances for the Fiscal Year 2017 State Homeland Security Grant Program for reimbursable grant funds in the amount of $51,472 to be divided equally between the Police and Fire Departments for the reimbursable purchase of equipment. BE IT FURTHER RESOLVED that the City Council authorizes the establishment of reimbursable grants City-wide fund appropriations and corresponding revenue budgets each in amounts totaling $51,472 for Fiscal Year 2017 Homeland Security Grant Program funds. BE IT FURTHER RESOLVED that staff is directed to request reimbursement of funds in the amount of $51,472 from the Fiscal Year 2017 Homeland Security Grant Program from the San Diego County Office of Emergency Services. PASSED and ADOPTED this 17th day of April, 2018. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Angil P. Morris -Jones City Attorney 103 of 416 CC/CDC-HA Agenda 4/17/2018 — Page 104 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement between the City of National City and Meritage Systems, Inc., to provide online plan submittal and tracking services for Building, Engineering, Plann 104 of 416 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 17, 2018 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement between the City of National City and Meritage Systems, Inc., to provide online plan submittal and tracking services for Building, Engineering, Planning and Fire, through the Meritage website. Meritage and EsGil are both subsidiaries of Safebuilt; and as such, an amendment to the City's agreement with EsGil will allow the City to pay Meritage for the enhanced tracking system utilizing monies collected during the plan review and permit issuance process. (Building/Fire) PREPARED BY: Frank Parra DEPARTMENT: PHONE: 619-336-4551APPROVED BY: EXPLANATION: See Staff Report. FINANCIAL STATEMENT: APPROVED: (--07 Finance ACCOUNT NO. 120-00000-3545 — Revenue account APPROVED: MIS 120-412-028-213-0000 — Professional Services $10,000 one-time start up training and legacy import cost will be paid with Building's professional services account, and annual support and licensing fee of $11,400 will be paid by Esgil with monies collected during the plan review and permit issuance process. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Services Agreement for National City, California Resolution 105 of 416 CALIFORNIA NATIONAL CIS I INCORPORATED City Council Staff Report 4/17/2018 ITEM TITLE Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement between the City of National City and Meritage Systems, Inc., to provide online plan submittal and tracking services for Building, Engineering, Planning and Fire, through the Meritage website. Meritage and EsGil are both subsidiaries of Safebuilt; and as such, an amendment to the City's agreement with EsGil will allow the City to pay Meritage for the enhanced tracking system utilizing monies collected during the plan review and permit issuance process. (Building/Fire) BACKGROUND On September 20, 2016, the City Council adopted Resolution No. 2016-150 entering into an Agreement with EsGil Corporation to provide permit processing, plan reviews, construction inspections of on -site and off -site for a not -to -exceed annual amount of $800,000 and a term of August 8, 2016 through August 7, 2019. The original Agreement provided compensation for reviewing building department plans in the amount of sixty-five percent (65%) of the plan checking fee collected by the City for each permit based upon the City's adopted fee schedule. DISCUSSION City staff evaluated permit processing products provided by consultants who had previously gone through a request for proposals (RFP) process with the Engineering Department. City staff evaluated CAA Professionals and Meritage Systems, Inc. Development Services would like the right to access the Meritage System, Inc. web site for managing all areas of plan submittal and inspection processes; the new permit & inspection tracking system will allow our residents and customers live access to the most current status of their respective plan review and inspection process. EsGil Corporation has agreed to provide access to the Meritage System, Inc. web site under the following contract agreement changes. The City and EsGil Corporation agree that an increase by one -percent (1%) from sixty-five percent (65%) to sixty-six percent (66%) is adequate to cover the Meritage Systems, Inc. annual support & license fees. There is a one-time start up training and legacy import cost of $10,000 that will be paid with Building's professional services account. An annual support and licensing fee of $11,400 will be paid by EsGil with monies collected during the plan review and permit issuance process. This Agreement will begin on the effective date and may be terminated upon notice to Meritage. The City may specify that such termination is effective at any time up to 120 days following 106 of 416 Page 2 Staff Report: Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement between the City of National City and Meritage Systems, Inc., to provide online plan submittal and tracking services for Building, Engineering, Planning and Fire, through the Meritage website. Meritage and EsGil are both subsidiaries of Safebuilt; and as such, an amendment to the City's agreement with EsGil will allow the City to pay Meritage for the enhanced tracking system utilizing monies collected during the plan review and permit issuance process. (Building/Fire) notice. If the City end its Agreement with EsGil, the City would need to provide an alternate funding source to continue to pay the annual support and licensing fee for the Meritage System. FISCAL IMPACT $10,000 one-time start up training and legacy import cost will be paid with Building's professional services account and annual support and licensing fee of $11,400 will be paid by EsGil with monies collected during the plan review and permit issuance process. RECOMMENDATION(S) Adopt the resolution. ATTACHMENT(S) Services Agreement for National City, California 107 of 416 #2017 20718 CA R1 SERVICES AGREEMENT FOR NATIONAL CITY, CALIFORNIA This SERVICES AGREEMENT (this "Agreement"), effective as of April 17, 2018 (the "Effective Date"), is by and between Meritage Systems, Inc., a Colorado corporation, having its principal place of business at 3755 Precision Dr #140, Loveland, CO 80538 ("Meritage"), and National City, 1243 National City Blvd, National City, CA 91950 ("Customer"). Meritage provides certain services relating to managing building department services (the "Services") through the web site located at www.permits.meritagesystems.com and such other sites as may be designated by Meritage (each, the "Site" or collectively, the "Sites"). Customer wishes to have access to the Services. The parties agree as follows: 1. DEFINITIONS. For purposes of this Agreement, the following initially capitalized terms have the following meanings: 1.1. "Account" means an account allowing access to the Services created in Customer's name. 1.2. "Fees" means the fees for the Services. 1.3. "Confidential Information" means (a) all nonpublic information disclosed or made available under this Agreement that relates to the provision or receipt of the Services or either party's financial condition, operations or business, and which is clearly identified as confidential at the time of disclosure, (b) the Technology, (c) the Documentation, (d) the Customer Information, and (e) the User IDs. 1.4. "Customer Information" means all data, information or other content entered by or collected from Customer or any other user of the Account while accessing the Services. 1.5. "Documentation" means the online help files and instruction manuals (whether in print or electronic form) that relate to the use of the Services that have been provided or made available by Meritage to Customer. 1.6. "Intellectual Property Rights" means any and all intellectual property rights throughout the world, including, without limitation, any and all copyrights, trademarks, service marks, trade secrets, patents, patent applications, moral rights, contract rights and any and all other legal rights protecting intangible proprietary information. 1.7. "Start of Service Date" is the date of commencement of operation of the services by Customer or 120 days following the Effective Date, whichever is first. 1.8. "Technology" means the software, hardware and other technology used by or on behalf of Meritage to provide the Services, and all data, information and other content included on or accessible through the Services, except for any Customer Information. 1.9. "User ID" means each unique User identification name and password used for access to and use of the Services through the Account. 1.10. "User" means anyone accessing the Services through Customer's Account. 2. CUSTOMER'S ACCESS To AND USE OF THE SERVICES. 2.1. Customer's Right to Access the Services. Subject to the terms of this Agreement Meritage will provide Customer with the right to access and use the Services as specified in Attachment A: Description and Pricing of Services during the term of this Agreement, solely for Customer's own internal business purposes. Except as set forth in this Agreement, Customer is not receiving any right or license to use, or any ownership interest with respect to, the Sites, Services or any Technology or Intellectual Property related to the Services. 2.2. Certain Restrictions on Customer's Access. Customer will not, and will not permit any Users or any other party to: (a) alter, modify, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Sites, Services or Technology; (b) knowingly interfere in any manner with the operation or hosting of the Sites, Services or Technology or attempt to gain unauthorized access to the Services or any other services offered by Meritage; (c) use the Services to provide outsourcing, service bureau, commercial hosting, application service provider or on-line services to third parties, or otherwise make available the Sites, Services or Technology, or access thereto, to any third party; or (d) otherwise use the Sites, Services or Technology in violation of the Agreement. 2.3. Customer's Use of the Services. (a) Accounts/User IDs. Customer will be provided with one or more User IDs to access the Services through the Account. Attachment A Description and Pricing of Services specifies the number of user IDs and Read - Only IDs provided by this agreement unless otherwise agreed in writing by Meritage ("Subscription Cap"). Customer agrees to limit usage to those individuals assigned User IDs and will be responsible for using commercially reasonable SA I S 0206 - 1 - 108 of 416 efforts to ensure the security and confidentiality of all User IDs. (b) Customer Information. Customer grants to Meritage all necessary intellectual and proprietary rights and licenses in and to any Customer Information necessary for Meritage to provide the Services. Customer will not knowingly, and will not knowingly permit any Users to, provide Customer Information that: (i) infringes, misappropriates or violates any Intellectual Property Rights, publicity/privacy rights, law or regulation; (ii) contains any viruses or programming routines intended to damage, surreptitiously intercept or expropriate any system, data or personal information; or (iii) is false, misleading or inaccurate. (c) Necessary Equipment. Customer will be solely responsible, at Customer's own expense, for acquiring, installing and maintaining all hardware, software and other equipment as may be necessary for Customer and Customer's Users to connect to, access, and use the Services. Current requirements include internet access and a PC or mobile device with a modern browser including Internet Explorer, Safari, Chrome, Firefox and maintained to versions within the prior 3 years. 3. SET UP SERVICES. 3.1. Set Up Services. Subject to the terms of this Agreement Meritage will provide Customer with support to set up the Account and User IDs, configure the Services for use by the Customer, and provide training to Users in the essential operation of the Services. 3.2. Customer Responsibilities and Certain Restrictions on Set -Up Services. Customer is responsible for providing information in a timely manner and in an appropriate format for Services configuration and entry, and for ensuring the resource(s) assigned for the Set Up process and all Users have adequate computer skills for use of the Services. Customer acknowledges and accepts that configuration of the Services is limited to the extent accommodated by the current capabilities and limitations of the Services. Set up support required beyond the specified Set -Up Services will incur an additional fee upon written notification by Meritage and with agreement by both parties. 4. FEES AND PAYMENT. 4.1. Fees. On the Effective Date, Customer will pay Meritage a set-up fee (the "Set -Up Fee") as specified in Attachment A: Description and Pricing of Services for Set-up Services. In addition, on the Start of Service Date and ending upon the termination of this Agreement, Customer will pay to Meritage a fee for the Services provided under this Agreement ("Subscription Fees") as specified in Attachment A: Description and Pricing of Services. Any changes in the Fees mutually agreed to by the parties will be made effective the month following the change. Customer will pay the then -current Fees for all other Services added to Customer's Account. On an annual basis or as may be requested from time -to -time by either party, Meritage and Customer will renegotiate the Subscription Fees and Subscription Cap. FEES ARE TO BE CONSIDERED CONFIDENTIAL BY BOTH PARTIES AND NOT TO BE SHARED WITHOUT WRITTEN PERMISSION OR AS REQUIRED BY THE FREEDOM OF INFORMATION ACT. 4.2. Payment. All Set Up Fees, Subscription Fees and other fees due under this Agreement (collectively, "Fees") are payable in U.S. dollars, unless otherwise specified in writing. Customer shall pay all Fees and any other amounts set forth on each such invoice issued by Meritage under this Agreement within 30 days of the date of invoice. 5. CONFIDENTIALITY. 5.1. Obligations. The party receiving Confidential Information (the "Receiving Party") from the other party (the "Disclosing Party") will not use any Confidential Information of the Disclosing Party for any purpose other than the providing and receipt of Services under this Agreement. The parties agree the use of the Confidential Information will be in accordance with all terms and conditions of this Agreement. The Receiving Party will protect the Disclosing Party's Confidential Information from unauthorized use, access or disclosure in the same manner as the Receiving Party protects its own confidential or proprietary information of a similar nature and with no less than reasonable care. 5.2. Termination of Obligations. The Receiving Party's obligations under this Section 5 with respect to any Confidential Information of the Disclosing Party will terminate if and when the Receiving Party can document that such information: (a) was already lawfully known to the Receiving Party at the time of disclosure by the Disclosing Party; (b) is disclosed to the Receiving Party by a third party who had the right to make such disclosure without any confidentiality restrictions; (c) is, or through no fault of the Receiving Party has become, generally available to the public; or (d) is independently developed by the Receiving Party without access to, or use of, the Disclosing Party's Confidential Information. In addition, the Receiving Party will be allowed to disclose Confidential Information of the Disclosing Party to the extent that such disclosure is: (i) approved in writing by the Disclosing Party; (ii) necessary for the Receiving Party to enforce its rights under this Agreement in connection with a legal proceeding; or (iii) required by law or by the order of a court of similar judicial or administrative body, provided that the Receiving Party notifies the Disclosing Party of such required disclosure in #SA 14_1028 -2- 109 of 416 writing and cooperates with the Disclosing Party, at the Disclosing Party's reasonable request and expense, in any lawful action to contest or limit the scope of such required disclosure. 5.3. Return of Confidential Information. The Receiving Party will return to the Disclosing Party or destroy all Confidential Information of the Disclosing Party in the Receiving Party's possession or control and permanently erase all electronic copies of such Confidential Information promptly upon the written request of the Disclosing Party or the termination of this Agreement, whichever comes first. At the Disclosing Party's request, the Receiving Party will certify in writing that it has fully complied with its obligations under this Section 5.3. For the purposes of this Section 5, Data, as defined in Section 6 below, shall not be considered Customer's Confidential Information. 6. OWNERSHIP. 6.1. Customer's Ownership. Customer retains all right, title and interest in and to the Customer Information Customer provides to Meritage. Meritage will provide Customer Information in the form of files containing permit data to Customer within 10 business days of written request at no additional charge for up to 4 requests in a one-year period. 6.2. Meritage's Ownership. Meritage retains all right, title and interest in and to, and all Intellectual Property Rights embodied in or related to the Sites, Services, Technology, and any other information or technology used or made available in connection with the Sites or Services, including without limitation any and all improvements, updates, and modifications thereto, whether or not made in conjunction with this Agreement. Meritage's name, logo, and the product and service names associated with the Services are trademarks of Meritage or third parties, and no right or license is granted to Customer to use them separate from Customer's right to access the Services. 7. DATA. Meritage will have the right to collect non -personally identifiable data or information resulting from Customer's use of the Services ("Data") solely as necessary to provide the Services to Customer under this Agreement. All such Data will remain the Confidential Information of Customer. Meritage will have the right to collect non -customer identifiable data and information for the purposes of publishing examples of service provided. 7.1. Backup and Recovery. Meritage shall provide the following recovery services: 7.2.1 Hosting infrastructure recovery processes 7.2.2 Application recovery processes 7.2.3 Data backup with rotation and retention. Backups are done daily, the prior month of daily data is retained, each month is retained for a year, and each year retained until termination of the agreement. 8. TERM AND TERMINATION. This Agreement will begin on the Effective Date and will continue in perpetuity until terminated in accordance with the terms of this Agreement. Customer may terminate this Agreement upon notice to Meritage. In the case of such termination, Customer may specify that such termination is effective at any time up to 120 days following notice of such termination by Customer. Either party may terminate this Agreement if the other party breaches this Agreement and does not cure such breach within 60 days after being provided with written notice thereof, provided that in the case of Customer such time period will be extended beyond 60 days if Customer is exercising reasonable efforts to cure such breach during such 60 day period. Upon any termination of this Agreement: (a) all rights and licenses granted to Customer in this Agreement will immediately cease to exist; (b) Meritage may cease performing all Services; (c) all access by Customer and any Users to the Sites and the Services (including all Customer Information) may be suspended; (d) Meritage will discontinue all use of the Customer Information; and (e) all Fees and other amounts incurred under this Agreement prior to such termination or expiration will become immediately due and payable by Customer. Upon the request of Customer following any termination or expiration, Meritage will transfer all Customer Information collected by Meritage either directly to Customer or to Customer's identified third -party partner. Customer shall compensate Meritage for the transfer on a time and materials basis at Meritage's then -current rates and will reimburse all reasonable expenses and costs associated with the transfer. Such expenses and costs shall include, without limitation, travel, consultant costs, hardware expenses, or software costs associated with efforts involved in preparing Customer Information for transfer as well as any costs incurred as part of the physical transfer of Customer Information. Meritage will not be required to issue any refunds for any fees pre -paid in advance. The provisions of Sections 4, 5, 6, 7, 8, 9.2, 10 and 11 of this Agreement will survive termination of the Agreement for any reason. 9. WARRANTIES AND DISCLAIMERS. 9.1. Warranties. Each party represents and warrants to the other party that: (a) such party has all requisite corporate or other applicable power and authority to execute, deliver and perform its obligations under this Agreement; (b) the execution, delivery and performance of this Agreement by such party has been duly authorized; and will not conflict with, result in a breach of, or constitute a default under any other agreement to which such party is a party or by which such OSA 14_1028 -3- 110 of 416 party is bound; and (c) such party will, in such party's performance of this Agreement, comply with all applicable laws, rules and regulations. 9.2. Disclaimers. EXCEPT AS STATED UNDER THIS AGREEMENT, MERITAGE PROVIDES THE SERVICES "AS IS" AND "AS AVAILABLE" AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON -INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS RELIED ON NO SUCH WARRANTIES IN ENTERING INTO THIS AGREEMENT. FURTHER, MERITAGE DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. 10. CERTAIN LIABILITIES. Customer will, at Customer's own expense, indemnify, defend, hold harmless and pay all costs, damages and expenses (including reasonable attorneys' fees) awarded against or incurred by Meritage based on any claims, allegations or lawsuits that may be made or filed against Meritage by any person: (a) based on or relating to any breach by Customer of any representation and warranty under this Agreement; or (b) that use by Meritage under this Agreement of Customer's Customer Information, Data or Confidential Information infringes or misappropriates the Intellectual Property Rights of, or has caused harm or damage to, a third party. 10.1. LIMITATION OF LIABILITY. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN ANY WAY IN CONNECTION WITH OR OUT OF THE USE OF THE SITES OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EACH PARTY'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT, THE SITES OR THE SERVICES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE FEES PAID TO MERITAGE HEREUNDER. EACH PARTY ACKNOWLEDGES THAT THE FEES REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT NEITHER PARTY WOULD ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, MERITAGE'S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. 11. GENERAL PROVISIONS. This Agreement will be binding upon the parties to this Agreement and their permitted successors and assigns. Neither party may assign, delegate or transfer this Agreement or any of its rights or obligations (in whole or in part) under this Agreement (whether by operation of law or otherwise) to any third party without the other party's prior written consent. Notwithstanding the foregoing, either party may assign this agreement to any successor in interest to such party's stock, assets or business, whether by way of sale, merger, reorganization or other form of transaction, provided that such party provides the other party with notice of such assignment and that the successor in interest agreed in advance to assume all right, obligations, liabilities, and responsibilities of the assigning party under this Agreement. Any assignment or transfer in violation of the foregoing shall be null and void. Nothing in this Agreement confers or is intended to confer, expressly or by implication, any rights or remedies upon any person or entity not a party to this Agreement. The parties hereto are independent parties, not agents, employees or employers of the other or joint ventures, and neither acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other. Any notice to the other party required or allowed under this Agreement must be delivered in writing by express courier, personal delivery, or by certified mail, postage pre -paid to the address for the party listed in the first paragraph of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of this Agreement will continue in full force and effect. Meritage may use Customer's name as a reference and publicize Customer as a customer of Meritage. In addition, the Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Meritage is not responsible for any delays, failures, or other damage resulting from such problems. Unless otherwise amended as provided herein, this Agreement will exclusively govern Customer's access to and use of the Services and the Sites and is the complete and exclusive understanding and agreement between the parties, and supersedes any oral or written proposal, agreement or other communication between the parties, regarding Customer's access to and use of the Services and the Sites. This Agreement may be amended or modified only by a writing signed by both parties. All waivers under this Agreement must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. 11.1 GOVERNING LAW AND VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to conflicts, and in accordance with applicable federal, state and local law, without NSA 14_1028 -4- 111 of 416 regard to its conflict of Iaw's provisions. Customer agrees that it will only bring any action or proceeding arising from or relating to this Agreement in a federal court in the District of California or in state court in San Diego County, California, and Customer irrevocably submits to the personal jurisdiction and venue of any such court in any such action or proceeding or in any action or proceeding brought in such courts by Meritage. 12. INSURANCE Meritage Systems will maintain during the period of this agreement Professional Liability Insurance for Technology and Internet Errors and Omissions and Electronic Media Activities in the amount no less than $1,000,000 per claim and $2,000,000 aggregate. Insurance coverage shall be per attached Exhibit B - Certificate of Insurance. The parties hereby agree to be legally bound by the terms of this Agreement: FOR CUSTOMER: FOR MERITAGE SYSTEMS, INC.: titi; �fJ r_ /1 By: By: Name: Name: Jim Muller Title: Title: Director of Sales Date: #SA 14_1028 Date: February 7, 2018 By:, Name: Thomas P. Wilkas, CFO Date: March 6, 2018 This section intentionally left blank. -5- Thomas P. Wilkas, CFO March 27, 2018 Tiffany Williamson, CTO March 27, 2018 112 of 416 Attachment A: Description of Services and Pricing for National City, CA Below is the budget for the one-time setup and yearly support and licensing fees. Assumptions include number of users and permit volume. Applications and Services Included One -Time Set -Up Fee Annual Support & License Fee Permit Management (see details on inclusions below) Annual Fee Based on Number of Jurisdiction Users X $6,500 * * $8,000 ContractorConnect"" Online Permitting: PC, Smartphone and Tablet anywhere, anytime access tlrrougn web browser by your citizens and contractors to do permit application, payment, status check, inspection scheduling and results Included in Setup Fee Meritage-Preferred Merchant Account for X Included in Setup Fee $2,000 Credit Card Processing GIS Integration: Permitting Included in $900 X Setup Fee Contractor and/or Business Licensing Included in $500 X Setup Fee Legacy Data Import: Permitting $2, 000 NA Transfer of historical permit data from legacy system, asswres availability of readable data file or (Si/ (optional) Non -Preferred Merchant Account: additional fee if not a Meritage Systems prefen-ed provider $2,500 NA (optional) Per Day On -Site Permit System Training $1,500 NA (optional) Total of All Included (X) Items: $6,500 $11,400 Permit Management Inclusions • Unlimited Read -Only Users • Permit Management • Address Import Setup • Inspections (including mobile access & when available, InspectorConnectt"' app for iOS and Android smartphones and tablets) • Contractor Registration • Plan Review Tracking and simple Planning / Zoning permits and workflows • Reporting and Data Import/Export • Complete configuration of permit types, workflows per permit type, terminology, fee structures, documents and user roles and permissions, contractor and business licensing setup • Permit Docs: Standard set of Permits, CO, TCO configured with your jurisdiction logo and information. Additional custom docs at $500 per document • Report Generator: Library of standard reports with ability to configure your own. Custom Reports priced individually • Daily backup with rotation • Multiple Online Training sessions for startup and post startup • Personalized support, including periodic configuration updates • Automatic updates of new features * Meritage services to be invoiced and paid as follows: 1 Set -Up Fee and Data Import Fee invoiced on Agreement Effective Date and billed directly from Meritage Systems to National City, CA 1 Annual Service fee to be paid through updated EsgiliSAFEbuilt agreement . EsGil is responsible for payment of all annual support and license fees (In behalf of the City (through a spnpratp anre mpntl #SA 14_1028 -6- 113 of 416 RESOLUTION NO. 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND MERITAGE SYSTEMS, INC., TO PROVIDE ONLINE PLAN SUBMITTAL AND TRACKING SERVICES FOR THE BUILDING, ENGINEERING, PLANNING, AND FIRE DEPARTMENTS THROUGH THE MERITAGE WEBSITE WHEREAS, on September 20, 2016, the City Council adopted Resolution No. 2016-150 entering into an Agreement with EsGil Corporation to provide permit processing, plan reviews, construction inspections on -site and off -site for a not -to -exceed annual amount of $800,000 and a term from August 8, 2016 through August 7, 2019; and WHEREAS, the Agreement provided compensation for reviewing building plans in the amount of sixty-five percent (65%) of the plan checking fee collected by the City for each permit based upon the City's adopted fee schedule; and WHEREAS, City staff evaluated permit processing products provided by CAA Professionals and Meritage Systems, Inc. (''Meritage"), each of which had previously gone through a request for proposals (RFP) process with the Engineering Department, and determined that the Meritage Systems website provided the best functionality and ease of use; and WHEREAS, the City desires to execute an Agreement with Meritage for access to their website for the management of all areas of plan submittal and inspection processes that also allows residents and customers to have live access to the most current status of their respective plan review and inspection process; and WHEREAS, because Meritage and EsGil Corporation ("EsGil") are both subsidiaries of Safebuilt, LLC, EsGiI has agreed to a payment arrangement to provide access to the Meritage website through a First Amendment to their Agreement with the City to increase the compensation by one -percent (1%), from sixty-five percent (65%) to sixty-six percent (66%), to pay the Meritage cost for annual support and license fees; and WHEREAS, Meritage's one-time start up training and legacy import cost of $10,000 that will be paid by the City utilizing Building's professional services account, and the annual support and licensing fee of $11,400 will be paid by EsGil with monies collected during the plan review and permit issuance process; and WHEREAS, the term of the Agreement between the City of National City and Meritage will begin on April 17, 2018 (the "effective date") and may be terminated by the City upon notice to Meritage; and WHEREAS, if the City terminates its Agreement with EsGil, such will not end the City's continuing use and support of the Meritage website, but the City would need to provide an alternate funding source to continue to pay the annual support and licensing fee for the Meritage System. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement between the City of National City and Meritage Systems, Inc., to provide online plan submittal and tracking services for the Building, Engineering, Planning, and Fire Departments, through the Meritage website. Said Agreement is on file in the Office of the City Clerk. [Signature Page to Follow] 114 of 416 Resolution No. 2018 — Page Two PASSED and ADOPTED this 17th day of April, 2018. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Ron Morrison, Mayor 115 of 416 CC/CDC-HA Agenda 4/17/2018 — Page 116 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Mayor to sign the First Amendment to the Agreement between the City of National City and EsGil Corporation to amend Section 5 (Compensation and Payment) to increase compensation b 116 of 416 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 17, 2018 AGENDA ITEM NO. I ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to sign the First Amendment to the Agreement between the City of National City and EsGil Corporation to amend Section 5 (Compensation and Payment) to increase compensation by one percent (1 %) from sixty-five percent (65%) to sixty-six percent (66%) to pay all annual costs (i.e. $11,400) of the Meritage Systems, Inc., annual support & license fees. (Funded by monies collected by fees charged during the Plan review and Permit issuance process. (Building/Fire) PREPARED BY: Frank Parra DEPARTMENT: :.: i .: • • ire PHONE: 019-336-4551 APPROVED BY: EXPLANATION: On September 20, 2016, the City Council adopted Resolution No. 2016-150 entering into an Agreement with EsGiI Corporation to provide permit processing, plan reviews, construction inspections of on -site and off -site for a not -to -exceed annual amount of $800,000 and a term of August 8, 2016 through August 7, 2019. The original Agreement provided compensation for reviewing building department plans in the amount of sixty-five percent (65%) of the plan checking fee collected by the City for each permit based upon the City's adopted fee schedule. Development Services would like the right to access the Meritage System, Inc. web site for managing all areas of plan submittal and inspection processes; the new permit & inspection tracking system will allow our residents and customers live access to the most current status of their respective plan review and inspection process. Our contract with EsGil can provide the funding for the Meritage System plan check and inspection tracking software. The City and EsGil Corporation agree that an increase by one -percent (1 %) to sixty-six percent (66%) is adequate to pay all annual costs (i.e. $11,400) of the Meritage Systems, Inc. annual support & license fees. Meritage Systems, Inc. will provide the City with a separate Agreement for Meritage service delivery and any additional fees that may be associated. FINANCIAL STATEMENT: APPROVED: Lirei,P rea.Z04. Finance ACCOUNT NO. 120-00000-3545 — Revenue account APPROVED: MIS 120-412-028-213-0000 — Professional Services 1 % reduction in revenue to the City will be used by Esgil Corporation to pay all costs (i.e. $11,400) of the Meritage Systems, Inc. annual support & license fees. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: First Amendment to the Agreement by and between the City of National City and EsGil Corporation Meritage Description of Services and Pricing for National City, CA Resolution 117 of 416 FIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND ESGIL CORPORATION THIS FIRST AMENDMENT TO THE AGREEMENT, is entered into this 17th day of April, 2018, by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and ESGIL CORPORATION, a corporation (the "CONSULTANT"). RECITALS WHEREAS, on September 20, 2016, the City Council adopted Resolution No. 2016-150 entering into an Agreement with CONSULTANT wherein the CONSULTANT agreed to provide permit processing, plan reviews, construction inspections and code enforcement on -site and off -site services. WHEREAS, the original Agreement had a not -to -exceed amount of $800,000 and a term of August 8, 2016 through August 7, 2019. WHEREAS, the original Agreement had the CONSULTANT's compensation for reviewing building department plans, commonly referred to as plan checking, shall be sixty five -percent (65%) of the plan checking fee collected by the CITY for each permit based upon the CITY's adopted fee schedule in effect at the time of the plan check submittal. WHEREAS, the CITY desires the right to access a Meritage System, Inc. web site and use the services relating to managing building department services. WHEREAS, the CONSULTANT provides access to the Meritage System, Inc. web site by paying annual support & license fees. WHEREAS, the CITY and CONSULTANT agree that an increase by one percent (1%) is adequate to pay CONSULTANT to cover the Meritage Systems, Inc. annual support & license fees. NOW, THEREFORE, the parties hereto agree that the Agreement entered into on August 8, 2016, shall be amended as follows: 5. COMPENSATION AND PAYMENT The CONSULTANT'S compensation for reviewing building department plans, commonly referred to as plan checking, shall be sixty six -percent (66%) of the plan checking fee collected by the CITY for each permit based upon the CITY's adopted fee schedule in effect at the time of the plan check submittal. Meritage Systems, Inc. will provide the CITY with a separate agreement for Meritage service delivery and any additional fees that may be relevant. CONSULTANT is responsible for payment of all Meritage annual and license fees on behalf of the City. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated August 8, 2016, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first above written. 118 of 416 CITY OF NATIONAL CITY ESGIL CORPORATION By: By: ----51.3.---- Ron Morrison, Mayor Thafnas P. Wilkas, CFO APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney By: ----- Matt ew Royer, C 119 of 416 Attachment A: Description of Services and Pricing for National City, CA Below is the budget for the one-time setup and yearly support and licensing fees. Assumptions include number of users and permit volume. Applications and Services Included One -Time Set -Up Fee Annual Support & License Fee Permit Management (see details on inclusions below) Annual Fee Based on Number of Jurisdiction Users X $6,500 * $8,000 ContractorConnect"" Online Permitting: PC, Smartphone and Tablet anywhere, anytime access througn web browser by your citizens and contractors to do permit application, paymentstatus check, inspection scheduling and results Included in Setup Fee Meritage-Preferred Merchant Account for X Included in Setup Fee $2,000 Credit Card Processing GIS Integration: Permitting Included in $900 X Setup Fee Contractor and/or Business Licensing Included in $500 X Setup Fee Legacy Data Import: Permitting $2, 000 NA Transfer of historical oern it data from legacy system, assumes mailability of readable data file o+ CS V (optional) Non -Preferred Merchant Account: additional fee if not a Meritage Systems preferred provider $2,500 NA (optional) Per Day On -Site Permit System Training $1,500 NA (optional) Total of All Included (X) Items: $6,500 $11,400 Permit Management inclusions • Unlimited Read -Only Users • Permit Management • Address Import Setup • Inspections (including mobile access & when available, InspectorConnectt"' app for iOS and Android smartphones and tablets) • Contractor Registration • Plan Review Tracking and simple Planning / Zoning permits and workflows • Reporting and Data Import/Export • Complete configuration of permit types, workflows per permit type, terminology, fee structures, documents and user roles and permissions, contractor and business licensing setup • Permit Docs: Standard set of Permits, CO, TCO configured with your jurisdiction logo and information. Additional custom docs at $500 per document • Report Generator: Library of standard reports with ability to configure your own. Custom Reports priced individually • Daily backup with rotation • Multiple Online Training sessions for startup and post startup • Personalized support, including periodic configuration updates • Automatic updates of new features * Meritage services to be invoiced and paid as follows: 1 Set -Up Fee and Data Import Fee invoiced on Agreement Effective Date and billed directly from Meritage Systems to National City, CA ✓ Annual Service fee to be paid through updated EsgiliSAFEbuilt agreement . EsGil is responsible for payment of all annual support and license fees on behalf of the C ttv (throe Inh a geDeratra anrepmpntl #SA 14_1028 -6- 120 of 416 RESOLUTION NO. 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND ESGIL CORPORATION TO AMEND SECTION 5 (COMPENSATION AND PAYMENT) TO INCREASE COMPENSATION BY ONE PERCENT (1%), FROM SIXTY-FIVE PERCENT (65%) TO SIXTY-SIX PERCENT (66%), TO PAY ALL ANNUAL COSTS IN THE AMOUNT OF $11,400 FOR MERITAGE SYSTEMS, INC.'S ANNUAL SUPPORT AND LICENSE FEES FOR ACCESS TO THE MERITAGE WEBSITE FOR ONLINE PLAN SUBMITTAL AND TRACKING SERVICES WHEREAS, on September 20, 2016, the City Council adopted Resolution No. 2016-150 entering into an Agreement with EsGil Corporation to provide permit processing, plan reviews, construction inspections, both on -site and off -site, for a not -to -exceed annual amount of $800,000 and a term of August 8, 2016 through August 7, 2019; and WHEREAS, the Agreement provided compensation for reviewing building plans in the amount of sixty-five percent (65%) of the plan checking fee collected by the City for each permit based upon the City's adopted fee schedule; and WHEREAS, the City desires access to the Meritage System, Inc. ("Meritage") website for managing all areas of plan submittal and inspection and inspection processes that also allows residents and customers to have live access to the most current status of their respective plan review and inspection process; and WHEREAS, because Meritage and EsGil Corporation ("EsGil") are both subsidiaries of Safebuilt, LLC, EsGil has agreed to a payment arrangement to provide access to the Meritage website through a First Amendment to their Agreement with the City to increase the compensation by one -percent (1%), from sixty-five percent (65%) to sixty-six percent (66%), to pay the Meritage cost for annual support and license fees; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the First Amendment to the Agreement between the City of National City and EsGil Corporation to amend Section 5 (Compensation and Payment) to increase compensation by one percent (1%), from sixty-five percent (65%) to sixty- six percent (66%), to pay all annual costs in the amount of $11,400 for the Meritage Systems, Inc., support and license fees. Copy of the First Amendment to the Agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 17th day of April, 2018. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Angil P. Morris -Jones City Attorney 121 of 416 CC/CDC-HA Agenda 4/17/2018 — Page 122 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City 1) authorizing the Chief of Police to enter into a Memorandum of Agreement with the County of San Diego (San Diego Sheriffs Department and Probation Department) and municipal law enforcement age 122 of 416 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: (April 17, 20181 AGENDA ITEM NO. ( ITEM TITLE: iesolution of the City Council of the City of National City 1) authorizing the Chief of Police to enter into a Memorandum of Agreement with the County of San Diego (San Diego Sheriffs Department and Probation Department) and municipal law. enforcement agencies throughout the County for program support of the Regional Realignment Response Group (R3) for the program period retroactive from July 1, 2017 to June 30, 2022, and 2) authorizing the acceptance of the grant funds & the establishment of an appropriation and corresponding revenue budget for the R3 grant in the amount of $45,000.1 PREPARED BY: (Manuel Rodriguez, Chief of Polio DEPARTMENT: Police PHONE: Ext.45111 APPROVED BY: Manuel Rodriguez ° " " , -- EXPLANATION: (Refer to Attachment.] FINANCIAL STATEMENT: APPROVED: LieKvitti /F Finance ACCOUNT NO. APPROVED: MIS Revenue: 290-11647-3463 (Other State Grants) $45,000 Expense: 290-411-647-1* (Personnel) $45,000 No net financial impact. Revenues off -set expenses. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: (Approve Resolution.] BOARD 1 COMMISSION RECOMMENDATION: ATTACHMENTS: (Staff Report MOU 1123of416I- �•» C.ALJF RNl* NATION City CFti og*apoi NATIONAL CITY POLICE DEPARTMENT STAFF REPORT DATE: April 3, 2018 SUBJECT: Resolution of the City Council of the City of National City authorizing the Chief of Police to enter into the Memorandum of Agreement with the County of San Diego (San Diego Sheriffs Department and Probation Department) and municipal law enforcement agencies throughout the County, for program support of the Regional Realignment Response Group (R3) SUMMARY It is recommended the City Council approve the Resolution of the City Council of the City of National City to authorize the Chief of Police to enter into the Memorandum of Agreement with the County of San Diego and municipal law enforcement agencies for program support of the Regional Realignment Group (R3). The agreement period is July 1, 2017 to June 30, 2022 resulting in reimbursement of $45,000 to the City of National City. BACKGROUND The National City Council passed and adopted the original Memorandum of Agreement on January 21, 2014 (Resolution No. 2014-03) authorizing the Chief of Police to enter into a Memorandum of Agreement with the County of San Diego (San Diego Sheriffs Department and Probation Department) and municipal law enforcement agencies throughout the County for program support of the Regional Realignment Response Group (R3). The National City Police Department received grant funds in the amount of $31,539 in 2014 from the Community Corrections Partnership (R3) to support R3 and its primary goal of public safety. The National City Council passed and adopted the original Memorandum of Agreement on September 6, 2016 (Resolution No. 2016-03) authorizing the Chief of Police to enter into a Memorandum of Agreement with the County of San Diego (San Diego Sheriff's Department and Probation Department) and municipal law enforcement agencies throughout the County for program support of the Regional Realignment Response Group (R3). The National City Police Department was allocated and received grant funds in the amount of $45,000 1200 National City Boulevard National City, CA 91950 (619) 336-4. 124 of 416 9 336-4525 -.GAL•1F4RA17A *wt NATIONAL .` a tavcospdasxia! and the total expense has not been finished to support R3 and its primary goal of public safety. CURRENT AGREEMENT The Memorandum of Agreement is in effect from July 1, 2017 through June 30, 2022 with the County of San Diego (San Diego Sheriffs Department and Probation Department) for the Regional Realignment (AB109) Group. As part of this agreement, the National City Police Department will continue to receive grant funding in an amount to be determined but estimated at $45,000. The funds shall be used to support R3 and its primary goal of public safety by developing and implementing targeted, proactive, intelligence -based approach to control and counteract the risks associated with realigned offenders and Post Release Community Supervision Offenders, released into San Diego County. IMPACT None. Revenue to the City in the amount of $45,000. 1200 National City Boulevard Natio , 1950 (619) 336-4 125 of 416 336-4525 AGREEMENT FOR THE REGIONAL REALIGNMENT RESPONSE (R3) PROGRAM 1. PARTIES TO THE AGREEMENT This Agreement is between the COUNTY OF SAN DIEGO ("COUNTY"), the CITY OF CARLSBAD, the CITY OF CHULA VISTA, the CITY OF CORONADO, the CITY OF EL CAJON, the CITY OF ESCONDIDO, the CITY OF LA MESA, the CITY OF NATIONAL CITY, the CITY OF OCEANSIDE, the CITY OF SAN DIEGO (collectively the "CITIES"), collectively the "PARTIES", for program support of the Regional Realignment Response („R3 1.1 Party Departments or Agencies Participating in the Agreement 1.1.1 For the COUNTY, participating agencies are the Sheriffs Department ("SHERIFF") and the Probation Department ("PROBATION"). 1.1.2 For the CITIES, participating agencies are their respective police departments. The services and obligations of PARTIES and their participating agencies are set forth herein. 2. RECITALS 2.1 WHEREAS, in April 2011, Governor Edmund G. Brown, Jr. signed Assembly Bill (AB) 109 to help California stop the costly, ineffective, and unsafe revolving door of lower -level offenders and parole violators cycling in and out of state prisons. This legislation gives local law enforcement the right and the ability to manage offenders in smarter and cost-effective ways; and 2.2 WHEREAS, in December 2013, COUNTY through SHERIFF implemented the Regional Realignment Response (R3) program in response to the passage of AB 109 and received funds from the State of California Local Revenue Fund 2011, Community Corrections Subaccount and continues to receive funds annually to continue the R3 program; and 2.3 WHEREAS, in March 2014, PARTIES executed the Agreement for the 2013 Regional Realignment Response (!R3) for the initial term of December 31, 2013 through December 31, 2014; and 2.4 WHEREAS, in January 2015, PARTIES executed Amendment No.1 where Paragraph 3.1 provides that "(t)he term of this Agreement shall be December 31, 2013 and shall continue in effect through and terminate at midnight on December 31, 2015 subject to the termination provision in sections 3.2..."; and 126 of 416 2.5 WHEREAS, in May 2015, PARTIES executed Amendment No. 2 to increase each CITY'S allocation for personnel overtime; and 2.6 WHEREAS, in August 2015, PARTIES executed Amendment No. 3 to extend the Agreement from December 31, 2015 to June 30, 2016; and 2.7 WHEREAS, in October 2016, PARTIES executed the Agreement for the 2016 Regional Realignment Response (R3) for the initial term of July 1, 2016 through December 31, 2017; and 2.8 WHEREAS, in June 2016, the COUNTY and the CITY OF EL CAJON executed Amendment No. 4 to increase the CITY'S allocation for personnel overtime; and 2.9 WHEREAS, funds shall be used to support the R3 program and its primary goal of public safety by developing and implementing a targeted, proactive, intelligence -based approach to control and counteract the risks associated with realigned offenders (which include those sentenced pursuant to California Penal Codes 1170(h)(5)(A) PC and 1170(h)(5)(B) PC and Post Release Community Supervision Offenders) released into San Diego County. 2.10 WHEREAS, Government Code §55632 authorizes COUNTY through SHERIFF and PARTIES, to contract with SHERIFF for provision of joint law enforcement services. 2.10.1 WHEREAS, COUNTY has requested PARTIES assistance in performing R3 operations and will reimburse PARTIES for overtime -only expenses incurred collectively by PARTIES in R3 program operations not to exceed $1,000,000 during the term of the Agreement. 2.11 WHEREAS, PARTIES desire to enter into an agreement with provisions concerning the nature and extent of R3 collaboration, services rendered, and compensation. 2.12 WHEREAS, COUNTY, by action of the Board of Supervisors Minute Order No. 3 dated June 28, 2016, approved and authorized the SHERIFF to enter into expenditure contracts related to the R3 program and to reimburse overtime expenses incurred collectively by PARTIES performing R3 program Operations in fiscal year 2016 and subsequent years. 2.13 PARTIES agree to maintain documentation as required in paragraph 7.3 Method of Payment, supporting all expenditures reimbursed from R3 program funds, for a period of five years, with five years beginning the day after the end of the project period, e.g., if the end of the project period is June 30, 2018, five years begins July 1, 2018 and ends June 30, 2023. 127 of 416 NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, PARTIES jointly intend that COUNTY through SHERIFF will reimburse, and PARTIES will provide, a level of R3 services, as set forth in this Agreement. 3. PURPOSE AND INTENT The purpose of this Agreement is to satisfy the R3's goal of ensuring public safety in the post AB 109 environment by the continued development and implementation of a targeted, proactive, intelligence -based approach to control and counteract the risks associated with a population of offenders placed under the responsibility of the county. 4. SCOPE OF SERVICES 4.1 Method of Service Delivery SHERIFF will maintain the R3 program funding and will be administratively responsible for coordination of PARTIES' obligations and reimbursement to PARTIES' under this Agreement. 4.2 Overview of Basic Services PARTIES will provide R3 operations ("Operations") in their designated areas of jurisdiction and/or in coordination with other R3 PARTIES in order to counteract the risks associated with realigned offenders released into San Diego County. 4.2.1 Framework of Operations The Regional Realignment Response Group (R3G), consisting of designated coordinators from each PARTY, as outlined in paragraph 6.2.3, will oversee R3 Operations and will meet every six (6) months to discuss and plan Operations. 4.2.2 Regional Sub -Group Regional Sub -Groups (RSGs) are created for the Northern, Central, and Southern areas of the County. The RSGs are responsible for planning and coordinating allied or regional Operations involving two or more PARTIES. The RSGs are composed of the following: NORTHERN: A police lieutenant from the cities of Escondido, Carlsbad, and Oceanside, a lieutenant from SHERIFF, and a supervising probation officer from PROBATION. CENTRAL: A police lieutenant from the cities of San Diego, El Cajon, and La Mesa, a lieutenant from SHERIFF, and a supervising probation officer from PROBATION. SOUTHERN: A police lieutenant from the cities of San Diego, National City, and Chula Vista, a lieutenant from SHERIFF, a commander from the city of Coronado, and a supervising probation officer from PROBATION. 128 of 416 5. TERM OF AGREEMENT 5.1 Initial Term This Agreement shall be effective July 1, 2017 and shall continue in effect through and terminate at midnight on June 30, 2022, or until terminated pursuant to sections 5.2, subject to availability of funds, and 5.3 below. 5.2 Option to Extend COUNTY shall have the option to renew this Agreement for successive one year increments beyond June 30, 2022. Renewal or extension of the Agreement beyond June 30, 2022 shall be subject to available funding. 5.3 Termination Subject to the applicable provisions of state law, each PARTY may terminate its participation in this Agreement upon ninety (90) days minimum written notice to the other PARTIES. Lack of funding may also result in termination of this agreement pursuant to section 10.13. 6. STANDARDS OF SERVICE: OBLIGATIONS OF THE PARTIES 6.1 Anticipated Outcome The anticipated outcome of the R3 Operations, provided by PARTIES under this Agreement, is increased law enforcement presence in each respective PARTY's designated area of jurisdiction in order to counteract the risks associated with realigned offenders released into San Diego County. The anticipated outcome will be reached by achieving the goals and accomplishing the missions set forth below by the PARTIES. 6.1.1 PARTIES will provide enhanced enforcement by increasing patrol presence in areas where realigned offenders reside, jurisdictions where they are released, and areas they are known to frequent. This patrol presence will include 4th waiver searches, probation compliance checks, directed patrol, and coordinated multi -agency sweeps. In addition, PARTIES will utilize their unique investigatory areas of expertise in Operations. 6.1.2 Increase intelligence/information sharing among PARTIES, including but not limited to the following activities: (a) Utilize Criminal Intelligence Analysts, dedicated to the R3 program; located at the San Diego Law Enforcement Coordination Center (SD-LECC). The SD-LECC will serve as the centralized clearinghouse for information and documentation of realigned offender post -release packets. (b) Conduct meetings every six (6) months with a minimum of one (1) representative from each PARTY. (c) Increase information sharing during Operations. 129 of 416 6.1.3 Prior to R3 Operations, an Operations Plan must be approved by the R3designated coordinators. The Operations Plan shall be submitted by the operations coordinator via email to R3@sdsheriflorg at least seventy-two (72) hours prior to the Operation. 6.1.4 At the conclusion of each R3 Operation, participating PARTY shall complete a Daily Activity Report (DAR). The DAR will be submitted to the PARTY'S designated coordinator. 6.1.5 The designated coordinator shall email the following to R3@sdsheriff.org: (a) A completed OVERALL Operation Statistics form (b) All completed DAR forms received from personnel (c) A completed Operation Roster which includes all personnel assigned to the Operation and sign in and sign out times. 6.2 Personnel Qualifications and Assignment 6.2.1 Qualifications Each PARTY shall ensure that personnel assigned to perform Operations pursuant to this Agreement meet the minimum qualification for their specific classification. 6.2.2 Management, Direction and Supervision The hiring, firing, management, direction, and supervision of each PARTY's personnel, the standards of performance, the discipline of each PARTY'S personnel, and all other matters incident to the performance of such services, shall be performed by and be the responsibility of each PARTY in each PARTY's sole but reasonable judgment and in accord with the provisions of applicable labor agreements. Each PARTY shall be the appointing authority for all its personnel provided to the R3 program by this Agreement. PARTIES shall have no liability for any direct payment of salary, wages, indemnity, or other compensation or benefit to any other PARTY's personnel engaged in performing this Agreement. 6.2.3 Designated Coordinators SHERIFF shall select and designate a coordinator who shall manage and direct the R3 program. Each other PARTY shall select and designate a coordinator under this Agreement. The designated coordinators for each PARTY shall represent their agency on the R3 outlined in Section 4.2, perform the activities outlined in Section 6.1.5 and implement, as needed, appropriate procedures governing the performance of all requirements under this Agreement and shall be responsible for meeting and conferring in good faith in order to address any disputes which may arise concerning implementation of this Agreement. 130 of 416 6.2.4 Staffing for Basic Services PARTIES shall ensure that adequate numbers of their qualified respective personnel are provided to R3 program Operations at all times during the term of this Agreement to meet the Basic Services, Scope of Services, and Standards of Service commitments set forth herein. 6.2.5 Equipment and Supplies Each PARTY will supply its own personnel with all supplies and/or prescribed safety gear, body armor, and/or standard issue equipment necessary to perform R3 program Operations under this agreement. 7. COST OF SERVICES/CONSIDERATION 7.1 General As full consideration for the satisfactory performance and completion by PARTIES of Operations set forth in this Agreement, COUNTY through SHERIFF shall reimburse PARTIES for personnel assigned to perform R3 program Operations on the basis of claims and submittals as set forth hereunder. Such payments by COUNTY through SHERIFF are dependent on the continued availability of funds from the State of California Local Revenue Fund, Community Corrections Subaccount. 7.2 Personnel Costs/Rate of Compensation During the term of this Agreement, COUNTY through SHERIFF shall reimburse PARTIES for overtime worked by personnel assigned to perform R3 program Operations based upon available finding and the actual costs incurred by PARTIES to provide Operations under this Agreement. 7.3 Method of Payment PARTIES shall submit correct and complete reimbursement forms, labor reports, and timesheets, as documentation that represents amounts due under this Agreement to SHERIFF no later than the final business day of the subsequent month from the month being claimed. All requests for reimbursement shall be sent to: San Diego County Sheriff s Department 0-41 Grants Unit (R3) P. O. Box 939062 San Diego, CA 92193-9062 7.3.1 Reimbursement forms, labor reports, and timesheets must have the signature of PARRTY's designated coordinator or his or her designee, certifying that the invoice, labor reports, and timesheets are true and correct. 7.3.2 PARTIES shall provide payroll records for every person whose costs are reimbursable under this Agreement, to include, at a minimum, the person's name, classification, duty position, task, regular hourly rate, overtime -hourly rate, overtime hours worked, date overtime worked, and fringe benefit rate and cost. PARTIES shall make available to SHERIFF for inspection, upon request, 131 of 416 all payroll records and any other records that relate to the Basic Services provided under this Agreement. 7.3:3 Within sixty (60) business days upon receipt of valid invoice and complete documentation, SHERIFF will reimburse PARTIES for the Basic Services agreed to. 7.3.4 Each PARTY. is responsible for tracking the claims submitted by their agency to ensure their total claim does not exceed the allocation for their agency. 8. INDEMNIFICATION - WORKERS COMPENSATION. EMPLOYMENT AND CLAIMS AND LIABILITY ISSUES 8.1 The COUNTY shall fully indemnify and hold harmless non -County PARTIES and their respective officers, employees, and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs and/or arbitration costs), costs, damages or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of the COUNTY or any contract labor provider retained by the COUNTY, or (2) any claim, demand, suit, or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of the COUNTY or any contract labor provider retained by the COUNTY. 8.2 Each non -County PARTY shall fully indemnify and hold harmless the COUNTY, its officers, employees, and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs or arbitration costs), costs, damages or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of that respective agency or any contract labor provider retained by that respective agency, or (2) any claim, demand, suit, or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of that respective agency or any contract labor provider retained by that respective agency. 8.3 Each non -County PARTY shall fully indemnify and hold harmless the other non - County PARTIES, its officers, employees, and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs or arbitration costs), costs, damages or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of that respective agency or any contract labor provider retained by non -County party, or (2) any claim, 132 of 416 demand, suit, or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of that respective law enforcement agency or any contract labor provider retained by the law enforcement agency. 9. INDEMNIFICATION RELATED TO ACTS OR OMISSIONS; NEGLIGENCE 9.1 Claims Arising From Sole Acts or Omissions of a PARTY Each PARTY to this Agreement hereby agrees to defend and indemnify the other PARTIES to this Agreement, their agents, officers, and employees, from any claim, action, or proceeding against the other PARTIES, arising solely out of its own acts or omissions in the performance of this Agreement. At each PARTY's sole discretion, each PARTY may participate at its own expense in the defense of any claim, action, or proceeding, but such participation shall not relieve any PARTY of any obligation imposed by this Agreement. PARTIES shall notify each other promptly of any claim, action, or proceeding and cooperate fully in the defense. 9.2 Claims Arising From Concurrent Acts or Omissions The PARTIES hereby agree to defend themselves from any claim, action, or proceeding arising out of the concurrent acts or omissions of the PARTIES. In such cases, PARTIES agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in paragraph 9.4 below. 9.3 Joint Defense Notwithstanding paragraph 9.2 above, in cases where PARTIES agree in writing to a joint defense, PARTIES may appoint joint defense counsel to defend the claim, action, or proceeding arising out of the concurrent acts or omissions of PARTIES. Joint defense counsel shall be selected by mutual agreement of PARTIES. PARTIES agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as provided in section 9.4 below. PARTIES further agree that no PARTY may bind the others to a settlement agreement without the written consent of the others. 9.4 Reimbursement and/or Reallocation Where a trial verdict or arbitration award allocates or determines the comparative fault of the parties, PARTIES may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments and awards, consistent with such comparative fault. 10. GENERAL PROVISIONS 10.1 Independent Contractor Status 10.1.1 In the performance of services under this Agreement, COUNTY and CITIES acknowledge and agree that COUNTY and its respective officers, agents and/or employees shall be deemed independent contractors and not officers, 0 133 of 416 agents or employees of CITIES; CITIES and their respective officers, agents and/or employees shall be deemed independent contractors and not officers, agents or employees of COUNTY. All such personnel provided by COUNTY under this Agreement are under the direct and exclusive supervision, daily direction, and control of COUNTY and COUNTY assumes full responsibility for the actions of such personnel in the performance of services hereunder; all such personnel provided by CITIES under this Agreement are under the direct and exclusive supervision, daily direction, and control of their respective agencies and each agency assumes full responsibility for the actions of such personnel in the performance of services hereunder. 10.1.2 COUNTY and CITIES acknowledge and agree that COUNTY does not control the manner and means of performing the work of CITIES' officers, agents or employees who perform R3 program Operations, nor does COUNTY have the right to hire or fire such officers, agents or employees. CITIES do not control the manner and means of performing the work of COUNTY officers, agents or employees who perform R3 program Operations, nor do CITIES have the right to hire or fire such officers, agents or employees. 10.1.3 COUNTY has no authority of any kind to bind CITIES, and CITIES have no authority to bind COUNTY in any respect whatsoever, nor shall COUNTY act or attempt to act, or represent itself directly or by implication as an agent of CITIES, or in any manner assume or create or attempt to assume or create any obligation on behalf of or in the name of CITIES. CITIES shall not act or attempt to act, or represent themselves directly or by implication as an agent of COUNTY, or in any manner assume or create or attempt to assume or create any obligation on behalf of or in the name of COUNTY. 10.2 Notices Any notice, request, demand, or other communication required or permitted hereunder shall be in writing and may be personally delivered or given as of the date of mailing by depositing such notice in the United States mail, first-class postage prepaid and addressed as follows or, to such other place as each party may designate by subsequent written notice to each other: To COUNTY and SHERIFF: Sheriff Chief Probation Officer San Diego County Sheriff s Department Probation Department P. O. Box 939062 9444 Balboa Avenue, Ste. 500 San Diego, CA 92193 San Diego, CA 92123 134 of 416 To non -County PARTIES: Chief of Police Carlsbad Police Department 2560 Orion Way Carlsbad, CA 92010 Chief of Police Coronado Police Department 700 Orange Avenue Coronado, CA 92118 Chief of Police Escondido Police Department 1163 North Centre City Parkway Escondido, CA 92026 Chief of Police National City Department 1200 National City Boulevard National City, CA 91950 Chief of Police San Diego Police Department 1401 Broadway San Diego, CA 92101 Chief of Police Chula Vista Police Department 315 Fourth Avenue Chula Vista, CA 91910 Chief of Police El Cajon Police Department 100 Civic Center Way El Cajon, CA 92020 Chief of Police La Mesa Police Department 8085 University Avenue La Mesa, CA 91942 Chief of Police Oceanside Police Department 3855 Mission Avenue Oceanside, CA 92058 A notice shall be effective on the date of personal delivery if personally delivered before 5:00p.m. on a business day or otherwise on the first business day following personal delivery; or two (2) business days following the date the notice is postmarked, if mailed; or on the first business day following delivery to the applicable overnight courier, if sent by overnight courier for next business day delivery and otherwise when actually received. 10.3 Amendment This Agreement may be modified or amended only by a written document signed by the COUNTY through SHERIFF and the affected PARTY or PARTIES, and no oral understanding or agreement shall be binding on any PARTY or PARTIES. 10.4 Entire Agreement This Agreement constitutes the complete and exclusive statement of agreement between the COUNTY and non -County PARTIES with respect to the subject matter hereto. As such, all prior written and oral understandings are superseded in total by this Agreement. 1 IN 135 of 416 10.5 Construction This Agreement will be deemed to have been made and shall be construed, interpreted, governed, and enforced pursuant to and in accordance with the laws of the State of California. The headings and captions used in this Agreement are for convenience and ease of reference only and shall not be used to construe, interpret, expand, or limit the terms of the Agreement and shall not be construed against any one PARTY. 10.6 Waiver A waiver by COUNTY or non -County PARTIES of a breach of any of the covenants to be performed by COUNTY or non -County PARTIES shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions, or conditions of this Agreement. In addition, the failure of any parry to insist upon strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. The acceptance by COUNTY or non -County PARTIES of either performance or payment shall not be considered a waiver of PARTY's preceding breach of this Agreement. 10.7 Authority to Enter Agreement COUNTY and non -County PARTIES have all requisite power and authority to conduct their respective business and to execute, deliver, and perform the Agreement. Each PARTY warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective PARTY. 10.8 Cooperation COUNTY through SHERIFF and non -County PARTIES will cooperate in good faith to implement this Agreement. 10.9 Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrunnent. COUNTY through SHERIFF will provide each non -County PARTY with a copy of this Agreement once fully executed. 10.10 Severability This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any Court or other legal authority, or is agreed upon by the PARTIES, to be in conflict with any law or regulation, then the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of this Agreement to any PARTY is lost, then the Agreement may be terminated at the option of the affected PARTY, with the notice as required in this Agreement. In all other cases, the remainder of this Agreement shall be severable and shall continue in full force and effect. 11 136 of 416 10.11 Representation Each PARTIES' Chief, or their respective designee, shall represent their agency in all discussions pertaining to this Agreement. SHERIFF, or his or her designee, shall represent SHERIFF in all discussions pertaining to this Agreement. 10.12 Dispute Resolution Concerning Services and Payment In the event of any dispute concerning services and payment arising from this Agreement, the SHERIFF, or his or her designee, and PARTIES' Chief of Police, or his or her respective designee, will meet and confer within ten (10) business days after receiving notice of the dispute to resolve the dispute. 10.13 Termination of Funding In the event that funding for reimbursement of costs related to R3 program Operations is terminated, this Agreement in its entirety shall be considered null and void and PARTIES shall no longer be required to provide R3 program Operations as described herein. In such event, COUNTY through SHERIFF shall notify all PARTIES in writing and all PARTIES shall meet immediately, and if agreed upon by the PARTIES, mutually develop and implement within a reasonable time frame, a transition plan for the provision of R3 program Operations through alternate means. 10.14 Obligation This Agreement shall be binding upon the successors of the PARTIES. 10.15 California Law This Agreement is executed and delivered within the State of California and the rights and obligations of the PARTIES hereto shall be construed and enforced in accordance with, and governed by the laws of the State of California. IN WITNESS WHEREOF, the PARTIES hereto approve and agree to the terms of this Agreement, such Agreement being effective July 1, 2017 and executed on this day of , 2018. COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT PROBATION DEPARTMENT William D. Gore Adolfo Gonzales Sheriff Chief CARLSBAD POLICE DEPARTMENT CHULA VISTA POLICE DEPARTMENT Neil Gallucci Roxana Kennedy Chief Chief 11 137 of 416 CORONADO POLICE DEPARTMENT Jon Froomin Chief ESCONDIDO POLICE DEPARTMENT Craig Carter Chief CITY OF EL CAJON Douglas Williford City Manager LA MESA POLICE DEPARTMENT Walt Vasquez Chief NATIONAL CITY POLICE DEPARTMENT OCEANSIDE POLICE DEPARTMENT Manuel Rodriguez Chief SAN DIEGO POLICE DEPARTMENT David Nisleit Chief Approved as to form and legality: SAN DIEGO COUNTY COUNSEL Mark Day Senior Deputy Frank McCoy Chief CITY OF SAN DIEGO Kevin Faulconer (or designee) Mayor Approved as to form: MARA W. ELLIOTT, SAN DIEGO CITY ATTORNEY By Deputy City Attorney 9 '1 138 of 416 RESOLUTION NO. 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHIEF OF POLICE TO ENTER INTO A MEMORANDUM OF AGREEMENT WITH THE COUNTY OF SAN DIEGO (SAN DIEGO SHERIFF'S DEPARTMENT AND PROBATION DEPARTMENT) AND MUNICIPAL LAW ENFORCEMENT AGENCIES THROUGHOUT THE COUNTY FOR PROGRAM SUPPORT OF THE REGIONAL REALIGNMENT RESPONSE GROUP (R3), FOR THE PROGRAM PERIOD RETROACTIVE FROM JULY 1, 2017 TO JUNE 30, 2022, AND AUTHORIZING THE ACCEPTANCE OF THE GRANT FUNDS, AND THE ESTABLISHMENT OF AN APPROPRIATION AND CORRESPONDING REVENUE BUDGET FOR THE R3 GRANT IN THE AMOUNT OF $45,000 WHEREAS, as part of the State of California Realignment (AB 109), San Diego County, through the Sherriff's Department, requested funds from the Community Corrections Partnership ("CCP") to create a Regional Realignment Response Group ("R3"); and WHEREAS, on January 21, 2014, the City Council adopted Resolution No. 2014- 03, entering into a Memorandum of Understanding with the County of San Diego for program support of R3; and WHEREAS, R3 currently consists of the County of San Diego Sheriff's Department and Probation Department (together referred to as "County") and the cities of Carlsbad, Chula Vista, Coronado, El Cajon, Escondido, La Mesa, and National City (the "Parties"); and WHEREAS, San Diego County, through the Sherriff's Department, received funds from the State of California Local Revenue 2011, Community Corrections Subaccount to continue the R3 program retroactive from July 1, 2017 through June 30, 2022; and WHEREAS, the funds shall be used to support R3 and its primary goal of public safety by developing and implementing a targeted, proactive, intelligence -based approach to control and counteract the risks associated with realigned offenders and Post Release Community Supervision Offenders released into San Diego County; and WHEREAS, as part of this Agreement, the National City Police Department is expected to receive approximately $45,000 to conduct compliance and enforcement operations of violators. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Chief of Police to execute the Memorandum of Agreement with the County of San Diego (San Diego Sheriff's Department and Probation Department) to continue program support of the Regional Realignment Response Group (R3). BE IT FURTHER RESOLVED that the City Council authorizes the acceptance of grant funds in the approximate amount of $45,000 to continue R3's primary goal of public safety to develop and implement a targeted, proactive, intelligence -based approach to control and counteract the risks associated with realigned offenders and Post Release Community Supervision Offenders released into San Diego County retroactive from July 1, 2017 through June 30, 2022. 139 of 416 Resolution No. 2018 — Page Two BE IT FURTHER RESOLVED that the City Council hereby authorizes the establishment of an appropriation and corresponding revenue budget for the R3 Grant in the amount of $45,000. PASSED and ADOPTED this 17th day of April, 2018. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Ron Morrison, Mayor 140 of 416 CC/CDC-HA Agenda 4/17/2018 — Page 141 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City 1) accepting the work performed by Dick Miller, Inc. for the Plaza Boulevard Widening "N" Avenue to I-805, CIP No. 16-01; 2) ratifying the execution of Change Order No. 50 in the amount of $183,1 141 of 416 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 17, 2018 ITEM TITLE! Resolution of the City Council of the City of Natiorna! City: 1) accepting the work performed by Dick Miller, Inc. for the Plaza Boulevard Widening "N" Avenue to 1-805, CIP No. 16-01; 2) ratifying the execution of Change Order No. 50 in the amount of $183,135.00 for additional asphalt repairs; 3) approving the final contract amount of $2,082,354.67; 4) ratifying the release of retention in the amount of $104,117.73; and 5) ratifying the filing of the Notice of Completion for the project. PREPARED BY: Jose Lopez, Assistant Engineer - Civil DEPARTMENT: Engine rin /Public Works PHONE: 619-336-4312 APPROVED BY: EXPLANATION: See attached. AGENDA ITEM NO. FINANCIAL STATEMENT: ACCOUNT NO. [NIA ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: APPROVED: APPROVED: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt Resolution accepting the work performed by Dick Miller, Inc. for the Plaza Boulevard Widening "'N" Avenue to I-805, CIP No. 16-01 and approving the final contract amount of $2,082,354.67. BOARD / COMMISSION RECOMMENDATION: NIA ATTACHMENTS: 1. Explanation 2. Notice of Completion 3. Final Contract Balance Report 4. Resolution 142 of 416 EXPLANATION The project is the first phase of enhancements to Plaza Boulevard. This project widened Plaza Boulevard between "N" Avenue to 1-805 to construct a 6-lane regional arterial. The general scope of work included adding travel lanes to expand roadway capacity and improve traffic flow, traffic signal modifications for safety and operations, pedestrian/ADA enhancements, street lighting, new concrete medians, and utility undergrounding. On December 17, 2015, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On December 18, 2015 and December 28, 2015, the bid solicitation was advertised in local newspapers. On January 19, 2016, nine (9) bids were received electronically on PlanetBids by the 3:00 p.m. deadline. Bid results were available immediately after the 3:00 p.m. deadline. Dick Miller, Inc. was the apparent lowest bidder with a total bid amount of $1,894,498.10 as the basis of bid award. Upon review of all documents submitted and reference checks, Dick Miller, Inc.'s bid was found to be responsive, and they were the lowest responsible bidder qualified to perform the work as described in the project specifications. On February 2, 2016, the City Council adopted Resolution No. 2016-15 awarding the contract to Dick Miller, Inc., in the not -to -exceed amount of $1,894,498.10 and authorized a 15% contingency in the amount of $284,174.72 for any unforeseen changes. The Notice to Proceed with construction was issued on April 4, 2016. Construction started on April 4, 2016 and was completed on August 1, 2017. The change orders issued for this project are detailed in the Final Contract Balance Report (see attached). The change orders increased the contract by $326,923.22, while line item adjustments decreased the contract by $139,066.65 for a net increase of $187,856.57 to the contract. This results in a 9.9% contract increase for a final contract balance of $2,082,354.67. Change Order No. 50 was executed in the amount of $183,135.00 in order to provide additional roadway repairs needed along Plaza Blvd, after site evaluations conducted by City staff in conjunction with our geotechnical and material testing consultant, determined the 2" grind and overlay per the contract would not be sufficient to repair the failing sections of asphalt within the project limits. City Council action to ratify this change order is needed, as the amount exceeds the $50,000 threshold. As previously mentioned, the total contract increase, inclusive of Change Order No. 50, was 9.9%; well within the allowed 15% contingency previously approved. As a result of satisfactory completion of the project, staff recuir,rr e.;ds that City Council, 1) accept the work of Dick Miller, Inc. for the Plaza Boulevard Widening "N" Avenue to 1- 143 of 416 805, CIP No. 16-01; 2) ratify the execution of Change Order No. S0 in the amount of $183,135.00 for additional asphalt repairs; 3) approve the final contract amount of $2,082,354.67; 4) ratify the release of retention in the amount of $104,117.73; and 5) ratify the filing of the Notice of Completion for the project. The Notice of Completion has been filed with the San Diego County Recorder's Office. 144 of 416 RECORDING REQUESTED BY WHEN REC ORDBD MAIL TO: NAME: CITY OF NATIONAL CITY ADDRESS; 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on August 2, 2017 of the Plaza Boulevard Widening "N" Avenue to I-805, CIP No. 16-01 Work of improvement or portion of work of improvement under construction or alteration. Along E. Plaza Blvd between "N" Avenue and 1-805 in National City, CA 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property: Owner in fee Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with Dick Miller, Inc. Name of Original Contractor The following work and material were supplied: Labor provided: general laborer. Materials: concrete, asphalt, and signing and striping. Equipment: demolition, gradin, paving and excavation equipment. General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Dated: August 2, 2017; Joint tenants, tenants in common, or other owners Signature of Owner City of riaiional City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under pen . Ity of perjury that the forgoing is true and correct. Executed on August 2, 2017 at, National City, California. Signature: RON MORRISON, MAYOR mop i6 U1 145 of 416 AUGHT FINAL CONTRACT BALANCE DATE: March 6, 2018 PROJECT: PLAZA BLVD WIDENING "N" AVENUE TO I-805 rY 17 CIP No. 16-01 TO: Dick Miller Inc. 930 Boardwalk # G San Marcos, CA 92078 ORIGINAL CONTRACT AMOUNT: $1,894,498.10 START DATE: April 4, 2016 COMPLETION DATE: August 1, 2017 ORIGINAL CONTRACT LENGTH: 200 Working Days SDGE DELAY: 89 Working Days EX T ENTION OF WORK DAYS: 42 Working Days TOTAL CONTRACT TIM E: 331 Working Days DESCRIPTION: The Final Contract Balance reports final line item amounts and summarizes al! change orders to produce a final contract amount. CHANGE ORDERS AND LINE ITEM ADJUSTMENTS: Change Order#1. The original plans did not account for the relocation of backflow preventers and removing a tree at 1539 E. Plaza Blvd. Under direction of the Engineer the Contractor proceeded with relocating 3 backflow preventers and removing and disposing of a Cupania tree. This Change Order resulted in a change to the contract in the amount of $ 5,181.84. Change Order #2. The original plans did not account for the additional grading needed at the back of sidewalk to meet the new grades. Under direction of the Engineer the Contractor is to proceed with additional grading, irrigation and landscaping at 1401 E. Plaza Blvd. This Change Order resulted in a change to the contract amount by $ 9,960.36. Change Order #3. To accommodate the next phase of traffic control the #2 westbound Zane on Plaza Blvd. from Palm Ave. to N Ave. had to be edge grind to smooth for traffic. Under direction of the Engineer the Contractor proceeded with an edge grind on the #2 lane under tine and materials. This Change Order total amount was $ 1,036.82. Page 1 of 7 146 of 416 FINAL CONTRACT BALANCE Plaza Blvd Widening "N" Avenue to 1-805 CIP No, 16-01 Change Order ##4. At the NE corner of Palm Ave. and Plaza Blvd. a palm tree had to be removed to accommodate the new traffic signal equipment and sidewalk. Under direction of the Engineer the Contractor proceeded under time and materials. This Change Order total amount was $ 1,148.68. Change Order #5. Additional traffic control, signing and striping was required to accommodate two lanes in the westbound direction from 1-805 to Palm Ave. (Stage 1A per Dokken Revised Plan). Under direction of the Engineer the Contractor is to proceed with additional signing and striping from Palm Ave. to !-805. This Change Order total amount was $ 19,046.72. Change Order #6. At 1539 E. Plaza Blvd. there were 2 palm trees that needed to be relocated to accommodate the new traffic signal equipment and sidewalk. Under direction of the Engineer the Contractor proceeded with relnr?ting the two palm trees. This Change Order total amount was $ 3,711.75. Change Order #7. On the south side of Plaza Blvd. at station 55+00 an unforeseen concrete lug had to be partially removed to make grade for the new curb and gutter. Under direction of the Engineer the Contractor proceeded under time and materials. This Change Order total amount was $ 860.89. Change Order #8. Additional traffic control, signing and striping was required to accommodate two lanes in the westbound direction from 1-805 to N Ave. (Stage 2 per Dokken Revised Plan). Under direction of the Engineer the Contractor is to proceed with additional signing and striping from N Ave. to 1-805. This Change Order total amount was $ 2,464.80. Change Order #9. Two palm trees were in conflict with the new sidewalk improvements and had to be removed on the South side of Plaza Blvd. adjacent to USA gasoline. Under direction of the Engineer the Contractor proceeded under time and materials to remove and dispose of the two palm trees. This Change Order total amount was $ 2,115.82 Change Order #10. A shallow Caltrans eiectricai conduit was discovered from stations 58+00 to 59+09 encased in concrete within our improvement subgrade section and needed to be removed to meet the required grades. Under direction of the Engineer the Contractor proceeded under time and materials to remove the Caltrans encasement. This Change Order total amount was $1,940.43. Change Order #11. An alternate location had to be dug for the foundation of the streetlight at station 58+23 because of multiple utility conflicts. Under direction of the Engineer the Contractor proceeded under time and materials to dig a new street Tight foundation hole. This Change Order total amount was $ 827.71, Change Order #12. Two lighted entry signs had to be relocated to the new back of sidewalk at the Stardust Inn. Under direction of the Engineer the Contractor proceeded undertime and materials to relocate two lighted entry signs. This Change Order total amount was $ 1,308.27 Change Order # 13. Vehicles continued to block the driveway at the Bellus Academy on Plaza Blvd. To deter drivers from blocking the driveway the "Keep Clear" striping needed to be refreshed and Page 2 of 7 147 of 416 FINAL CONTRACT BALANCE Plaza Blvd Widening "N" Avenue to 1-805 C1P No. 16-01 additional signs and LED lights needed to be added. Under direction of the Engineer the Contractor proceeded with refreshing the "Keep Clear" and adding additional signs and lighting. This Change Order reduced the contract amount by $ 1,828.63 Change Order # 14. At the NE corner of Palm Ave. and Plaza Blvd. the type B-1 curb inlet could not be installed because of an unforeseen wall footing. Under direction of the Engineer the Contractor proceeded under time and materials to install a Type A curb inlet. This Change Order total amount was $ 2,291.91 Change Order #15. Additional grading and repair was needed around the Caltrans conduit between stations 58+42 and 59+32. Under direction of the Engineer the Contractor proceeded under time and materials to grade around the Caltrans conduit and to repair any damaged sections of the conduit. This Change Order total amount was $ 1,930.56 Change Order #16. A second layer of geo-grid for the bus pad at station 58+42 had to be placed to obtain the required compaction. Under direction of the Engineer the Contractor proceeded under time and materials to place the 2nd layer of geo-grid for the bus pad. This Change Order total amount was $ 649.24 Change Order # 17. Due to utility conflicts small sections of asphalt had to be paved separately on the South side of Plaza Bivd. from Palm Ave. to the 1-805. Under direction of the Engineer the Contractor proceeded under time and materials pave the missing sections of asphalt. This Change Order total amount was $ 1,173.17 Change Order #18. Pulled wire and spliced for the two lighted entry signs at the Stardust Inn. Under direction of the Engineer the Contractor proceeded under time and materials to pull wire and splice for the two lighted entry signs at the Stardust Inn. This Change Order total amount was $ 1,317.99 Change Order #19. Specialized soil was needed for the relocation of the palm tree at the NW corner of Palm Ave. and Plaza Blvd. and green waste needed to be hauled off. Under direction of the Engineer the Contractor proceeded under time and materials to deliver the specialized soil and to haul off the green waste. This Change Order total amount was $ 966.55 Change Order #20. The palm tree that was relocated at the NW corner of Plaza Blvd. and Palm Ave. had to be hand watered daily for weeks. Under direction of the Engineer the Contractor proceeded under time and materials to hand water the relocated palm tree. This Change Order total amount was $ 1,019.30 Change Order #21. The private utility lines of the USA Gasoline on the SE corner of Palm Ave. and Plaza Blvd. had to be located to proceed with the improvements on the property. Under direction of the Engineer the Contractor proceeded under time and materials to subcontract a private utility locator. This Change Order total amount was $ 279.12. Page 3 of 7 148 of 416 FINAL CONTRACT BALANCE Plaza Blvd Widening "N" Avenue to 1-805 CIP No. 16-01 Change Order #22. The limits of grading were extended at the Stardust Inn to catch the grade of the adjusted driveway. Under direction of the Engineer the Contractor preceded under time and materials to grade, prepare the soil and place the sod. The Change Order total amount was $ 2,354.75. Change Order #23. The grades for the cross gutter in front of the IHOP did not meet ADA standards and had to be redesigned. Under direction of the Engineer the Contractor proceeded under time and materials to re -grade the cross gutter. This Change Order total amount was $ 2,160.07. Change Order U24. The redesigned grades for the IHOP cross gutter also required additional demolition and paving. Under direction of the Engineer the Contractor proceeded under time and materials for additional demolition and paving. This Change Order total amount was $ 5,324.69. Change Order#25. The existing traffic control plan needed to be refreshed for safety purposes with re - blacking out the old lines and re -painting the new layout. Under direction of the Engineer the Contractor proceeded under time and materials for refreshing the traffic control striping. This Change Order total amount was $ 2,016.81. Change Order #26. The existing tree at station 46+09 on the South side of Plaza Blvd. was in conflict with the new sidewalk and had to be removed. Under direction of the Engineer the Contractor proceeded under time and materials for removing and disposing of the tree. This Change Order total amount was $ 3,515.60 Change Order #27. The existing glue down delineators were damaged or missing and needed to be replaced. Under direction of the Engineer the Contractor proceeded under time and materials for replacing the glue down delineators. This Change Order total amount was $ 1,556.35. Change Order #28. Removing the staircase for the IHOP created a safety issue for fire access and work had to be done inside IHOP to meet code. The work consisted of removing doors and setting up a new escape route with signs. Under direction of the Engineer the Contractor proceeded under time and materials for adjusting the !HOP fire safety route. This Change Order total amount was $ 1,957.64. Change Order #29. Sections of curb/gutter, sidewalk and street section were left incomplete due to utility conflicts. Due to loss of production for having to leave sections blocked out and incomplete and come back separately to each location and complete, an agreed upon 25% would be added to the line item amounts billed. This Change Order total amount was $ 9,437.20. Change Order #30. Additional work at the Northwest corner of N Ave. and in front of the new Starbucks was needed for the new development. The work consisted of a new crossgutter, curb/gutter, sidewalk, driveway and pedestrian ramp. The items would be billed to the line items in the contract with a 25% markup for being outside of the original scope. This Change Order total amount was $ 4,956.40. Change Order#31. The contract called out to use an existing foundation for a new street light on the North side of Plaza 3 vd. at station 44+65; however, the existing streetlight was direct burial without a Page 4 of 7 149 of 416 FINAL CONTRACT BALANCE Plaza Blvd Widening "N" Avenue to 1-805 CIP No. 16-01 foundation. Under direction of the Engineer the Contractor proceeded under time and materials for digging and installing a new foundation. This Change Order total amount was $ 738.21 Change Order #32. The additional work at the Northwest corner of N Ave. and Plaza Blvd. required some electrical items to be adjusted with new conduit and pullboxes. Under direction of the Engineer the Contractor proceeded under time and materials to install new conduit and pullboxes. This Change Order total amount was $ 1,228.59. Change Order .433. MTS requested the bus bench and shelter be moved back as bus drivers continued to hit the shelter on the North side of Plaza Blvd. at station 47+30. Under direction of the Engineer the Contractor proceeded with relocating the bus bench and shelter to the back of sidewalk. This Change Order total amount was $ 3,668.81. Change Order #34. Additional cross gutter at N Ave. and Starbucks frontage (sidewalk, curb/gutter, driveway, pedestrian ramp, base and asphalt) were billed per line item. Lump sump items such as traffic control, clearing and grubbing, excavation and grading proceeded under time and materials. Under direction of the Engineer the Contractor proceeded under time and materials with the additional cross gutter at N Ave. and Starbucks frontage. This Change Order total amount was $ 5,148.78. Change Order #35. Due to traffic and safety issues the City directed the conduit trench crossing and signal switchover be performed at night. Under direction of the Engineer the Contractor proceeded under time and materials for the additional night work costs. This Change Order totalamount was $ 10,814.62 Change Order #36. Additional grading and subgrade preparation was required for the cross gutter at N Ave. Under direction of the Engineer the Contractor proceeded under time and materials for the additional grading and subgrade preparation. This Change Order total amount was $ 880.64. Change Order #37. Due to the location of the traffic signal poles the pedestrian push buttons did not meet ADA requirements and separate push button posts had to be installed. under direction of the Engineer the Contractor proceeded with installing 7 pedestrian push button posts at all 4 corners of Palm Ave, and Plaza Blvd. and the Northwest, Northeast and Southeast corner of N Ave. and Plaza Blvd. This Change Order total amount was $ 10,292.10. Change Order#38. The storm drain box on the South side of Plaza Blvd. at station 53+07 could not be adjusted to grade and had to be reconstructed. Under direction of the Engineer the Contractor proceeded under time and materials to reconstruct the storm drain box. This Change Order total amount was $ 2,968.17 Change Order #39. The relocated palm tree for the North side Western Dental did not survive and had to be removed. Under direction of the Engineer the Contractor proceeded under time and materials to remove the dead paim tree. This Change Order amount was $ 1,642.18. Page 5 of 7 150 of 416 FINAL CONTRACT BALANCE Plaza Blvd Widening "N" Avenue to 1-805 CIP No. 16-01 Change Order #40. The cross gutter on the North side of Plaza Blvd. at station 41+80 was redesigned with rebar and 10" thick 4,000 psi concrete because of poor subgrade. Under direction of the Engineer the Contractor proceeded under time and materials to add rebar and increase the strength and thickness of the concrete in the cross gutter. This Change Order amount was $ 1,292.51. Change Order #41. The grades for the cross gutter on the South side of Plaza Blvd. at station 43+00 did not meet ADA standards and the already set up formwork had to be taken out and redone. Under direction of the Engineer the Contractor proceeded under time and materials to redo the formwork for the cross gutter. This Change Order amount was $ 1,443.13 Change Order#42. The Holiday Inn entry sign had to be relocated to accommodate the new improvements. Under direction of the Engineer the Contractor proceeded under time and materials to relocate and rewire the Holiday Inn entry sign. This Change Order amount was $ 861.50 Change Order #43. During installation of conduit for the traffic signal modification on the Southwest corner of Palm Ave. and Plaza Blvd. an unforeseen abandoned SDGE vault was discovered. Under direction of the Engineer the Contractor proceeded under time and materials to break through the vault to install the conduit. This Change Order amount was $ 1,032.29 Change Order #44. During installation of type 1-A pole foundation on the Southeast corner of Palm Ave. and Plaza Blvd. an unforeseen old foundation was discovered. Under direction of the Engineer the Contractor proceeded under time and materials to break through the unforeseen foundation to get the required depth for the type 1-A pole foundation. This Change Order amount was $ 865.92 Change Order #45. Two 6T pull boxes were installed for future fiber HSIP 4 communications project. Under direction of the Engineer the Contractor proceeded under time and materials to install two GT pull boxes. This Change Order amount was $ 1,692.93 Change Order #46. During demolition for the cross gutter on the North side of Plaza Blvd. at the Chinese Bistro and unforeseen conduit was hit and damaged. Under direction of the Engineer the Contractor proceeded under time and materials to install new conduit and pull new wire for the Chinese Bistro sign. This Change Order amount was $ 915.92 Change Order #47. During punchlist walk an existing wail at 1615 F, Plaza. Blvd. was discovered to be broken and potential of falling onto sidewalk. Under direction of the Engineer the Contractor proceeded under time and materials to repair the damaged wall. This Change Order amount was $ 1,474.98 Change Order #48. New pedestrian handrails were installed throughout the project but did not meet current ADA standards without an edge barrier per section 405.9. Under direction of the Engineer the Contractor proceeded under time and materials to add a kickplate to the new railing. This Change Order amount was $ 2,486.87 Page 6 of 7 151 of 416 FINAL CONTRACT BALANCE Plaza Blvd Widening "N" Avenue to 1-805 CIP No. 16-01 Change Order#49. Through value engineering during construction multiple line items were deleted resulting in a total base bid deduction of $139,066.65. The line items associated with this were 22, 28, 33, 34, 36, 47, 54, 55, 67 and 68. The line item deletion will be reflected on the final billing statement as 0 value on each individual line item and the deduction is not indicated here. This Change Order amount was $ 0.00. Change Order #50, The 2" grind and overlay per Contract would not be sufficient to repair the failing sections of asphalt along Plaza Blvd from N Avenue to the 1-805. To provide a stable structural street section under direction of the Engineer the Contractor proceeded to remove and replace an additional 6" of asphalt within the failing sections. This Change Order amount was $183,135. All Change Orders listed above increased the total contract Working Days by 42. All Change Orders listed above increased the total contract amount $ 326,923.22. Original Contract Amount = $1,894,498.10 Change Order totals = $326,923.22 Line item adjustments = ($139,066.65) Final Contract Balance = $2,082,354.67 Project contingency = $284,172.72 Contingency remaining = $96,316.15 CONTRACT ADJUSTMENT: As a result of the above change orders and line item adjustments, the contract price is adjusted as follows: a. The final contract price is adjusted to $ 2,082,354,67 2. As a result of the satisfactory completion of said project, a retention amount of $ 104,117.73 is set for invoice processing and payment upon the receipt of signatures and City Council's ratification of this agreement and the Notice of Completion. This document and its purpose to balance payment shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. Dick Miller Inc. will not be entitled to damages or additional payment for delays as described in the 2015 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as descrbed above. Page 7 of 7 152 of 416 RESOLUTION NO. 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK PERFORMED BY DICK MILLER, INC., FOR THE PLAZA BOULEVARD WIDENING "N" AVENUE TO I-805; RATIFYING THE EXECUTION OF CHANGE ORDER NO. 50 IN THE AMOUNT OF $183,135 FOR ADDITIONAL ASPHALT REPAIRS; APPROVING THE FINAL CONTRACT AMOUNT OF $2,082,354.67; RATIFYING THE RELEASE OF RETENTION IN THE AMOUNT OF $104,117.73; AND RATIFYING THE FILING OF THE NOTICE OF COMPLETION FOR THE PROJECT WHEREAS, the Engineering Department is satisfied that all work required to be performed by Dick Miller, Inc., for the first phase of enhancements to Plaza Boulevard Widening "N" Avenue to 1-805 has been completed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the work performed by Dick Miller, Inc., for the first phase of enhancements to Plaza Boulevard Widening "N" Avenue to 1-805 is accepted. BE IT FURTHER RESOLVED that the City Council of the City of National City hereby ratifies Change Order No. 50 in the amount of $183,135 for additional roadway repairs needed along Plaza Boulevard, and approves the total final contract amount of $2,082,354.67. BE IT FURTHER RESOLVED that the City Council hereby ratifies the filing of the Notice of Completion with the San Diego County Recorder's Office and the release of retention in the amount of $104,117.73. PASSED and ADOPTED this 17th day of April, 2018. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Ron Morrison, Mayor 153 of 416 CC/CDC-HA Agenda 4/17/2018 — Page 154 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the City Manager to execute Proposition 84 Clean Beaches Initiative Program Grant Agreement No. D1712675 between the State Water Resources Control Board and the City of National City 154 of 416 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 17, 2018 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City authorizing the City Manager to execute Proposition 84 Clean Beaches Initiative Program Grant Agreement No. D1712675 between the State Water Resources Control Board and the City of National City for the Paradise Creek Biofiltration Project in the amount of $1,344,425 and authorizing corresponding revenue and expenditure accounts. PREPARED BY, Luca Zappiello, Junior Engineer - Civil PHONE: 619-336-4360 EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. DEPARTMENT: Engineering/Public Works APPROVED BY: APPROVED: FINANCE APPROVED: MIS Prop 84 Grant (Paradise Creek Biofiltration Project) - $1,344,425 (296-409-500-598-6193; 296-06193-3463) Local Grant Match - $99,400 (001-409-500-598-7049): funds currently appropriated for drainage improvements Local Grant Match (In -kind, City staff project management and administration) - $50,017 ENVIRONMENTAL REVIEW: CEQA documentation has been certified and filed with County Recorder's Office ORDINANCE: INTRODUCTION FINAL ADOPTION n STAFF RECOMMENDATION: Adopt Resolution authorizing the City Manager to execute Proposition 84 Clean Beaches Initiative Program Grant Agreement No. D1712675 between the State Water Resources Control Board and the City of National City for the Paradise Creek Biofiltration Project in the amount of $1,344,425 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation wl Exhibit 2. Draft Grant Agreement 3. Resolution 1SAnf41F Explanation On March 21, 2017, the City Council of the City of National City approved Resolution No. 2017-34 authorizing the City Manager to negotiate and execute Proposition 1 Storm Water Grant Program (SWGP) Agreement No. D1612675 between the State Water Resources Control Board (State) and the City of National City for the Sweetwater River Park Bioretention Project in the amount of $1,344,425 and authorizing corresponding revenue and expenditure accounts. Subsequent to the City Council action on March 21, 2017, the City encountered unexpected utility line placement issues at the proposed Sweetwater River Park Bioretention Project location. An alternative Project, Paradise Creek Biofiltration, was identified by the City as having a similar scope and outcome as the Sweetwater River Park Bioretention Project. The Paradise Creek Biofiltration Project is situated in the south side of Paradise Greek at Plaza Boulevard and Paradise Valley Road. The purpose of the Project is to build approximately 18,000 square feet of biofiltration area and forebay to treat flows conveyed in Paradise Creek, erosion control plantings around biofiltration area, and providing an urban green space. On August 3, 2017, the City proposed the alternative Project to the State. The City received confirmation from the State that the proposed alternative Project and site was acceptable and approved as the new Project location. The grant award is conditional to the successful negotiation of an agreement between the City and the State's Division of Financial Assistance. Additionally, a new Resolution authorizing the City Manager to execute a grant agreement between the State and the City is required to allow for use of grant funds. A copy of the Draft Agreement is attached for reference. There will be no substantive changes. The new funding program for the $1,344,425 grant will be the Proposition 84 Clean Beaches Initiative Program, administered by the State. The grant requires a local match of $149,4 , 7, A portion of the loc-ad match, $9 400, a. Pill be app ,eo to the cost for preparation of environmental documents, planning, design, engineering, construction management and inspections. This amount will be funded through prior City Council Capital Improvement Program General Fund appropriations for Drainage Improvements. The remaining $50,017 will be funded in -kind for City staff project management and administration. 156 of 416 Legend Streams —••—•Storm Drain Sytern Project Area Biofiltration Forebay Landscape je • • Emergency iiik_ overflow via soillwav Outflow via underdrain or catch basin (overflow). Connects to storm drain :downstream. Diversion from creek (limit to smaller flow rates) While shown as a stream in the GIS layer, the conveyance through this area to the junction with the branch from the north is a culvert. r14: ,!}4310, N �K. Paradise Creek Biofiltration Project Drainage Area 157 of 416 PROPOSITION 84 CLEAN BEACHES PROGRAM CITY OF NATIONAL CITY AND CALIFORNIA STATE WATER RESOURCES CONTROL BOARD Water Boards GRANT STORM WATER CONSTRUCTION/IMPLEMENTATION PARADISE CREEK BIOFILTRATICN AGREEMENT NO D1712675 GRANT FUNDS: $1,344,425 ELIGIBLE START DATE: APRIL 1, 2018 '" I) f. COMPLETION DATE: OCTOBER 31, 2020 FiNAL DISBURSEMENT REQUEST DATE: NOVEMBER 30, 2020 RECORDS RETENTION TERM END DATE: OCTOBER 31, 2056 158 of 416 City of National City Agreement No. D1712675 Page 2 of 29 WHEREAS, 1. The State Water Board is authorized to provide funding under this Agreement pursuant to the following: e Proposition 84 Clean Beaches Program - Section 75060 of the Public Resources Code (Prop 84 CB) 2. The State Water Board determines eligibility for financial assistance, determines a reasonable schedule for providing financial assistance, establishes compliance with Prop 84 CB, and establishes the terms and conditions of a funding agreement. 3. The Recipient has applied to the State Water Board for funding for the Project described in Exhibit A of this Agreement, and the State Water Board has selected the application for funding through a competitive process. 4. The State Water Board proposes to assist in funding the costs of the Project, and the Recipient desires to participate as a recipient of financial assistance from the State Water Board, upon the terms and conditions set forth in this Agreement, all pursuant to Prop 84 CB. NOW, THEREFORE, in consideration of the premises, mutual representations, covenants and agreements in this Agreement, the State Water Board and the Recipient, each binding itself, its successors and assigns, do mutually promise, covenant, and agree as follows: 1. Definitions Unless otherwise specified, each capitalized term used in this Agreement has the following meaning: "Agreement" means this Grant Agreement, including all exhibits and attachments hereto. "Authorized Representative" means the duly appointed representative of the Recipient as set forth in the certified original of the Recipient's authorizing resolution that designates the Authorized Representative by title. "Days" means calendar days unless otherwise expressly indicated. "Disbursement Period" means the period during which Grant Funds may be disbursed. "Disbursement Request" means the form used by the Recipient to document Match Funds and request reimbursement of Project Costs. "Division" means the Division of Financial Assistance of the State Water Board or any other segment of the State Water Board authorized to administer the funding program(s) set forth in this Agreement. "Eligible Start Date" means the date set forth in Exhibit B, establishing the date on or after which reimbursable Project Costs may be incurred and eligible for reimbursement hereunder, "Final Disbursement Request Date" means the date established in Exhibit B, after which date no further Grant Funds disbursements may be requested. "Fiscal Year" means the period of twelve (12) months terminating on June 30 of any year. "Force .Account" means the use of the Recipients own employees or resources for the Project. 159 of 416 City of National City Agreement No. D1712675 Page 3 of 29 "GAAP" means generally accepted accounting principles, as issued by the Governmental Accounting Standards Board. "Grant Contact" means the employee of the Recipient who has been delegated by the Project Director to oversee the day-to-day activities of the Project. "Grant Funds" means funds provided by the State Water Board towards eligible reimbursable Project Costs. "Grant Manager" means the person designated by the State Water Board to manage performance of the Agreement. "Guidelines" means the State Water Board's "Proposition 1 Storm Water Grant Program Guidelines," as amended from time to time. "Indirect Costs" means those costs that are incurred for a common or joint purpose benefiting more than one cost objective and are not readily assignable to the Project (i.e., costs that are not directly related to the Project). Examples of Indirect Costs include, but are not limited to: central service costs; general administration of the Recipient non -project -specific accounting and personnel services performed within the Recipient's organization; depreciation or use allowances on buildings and equipment; the costs of operating and maintaining non -project -specific facilities; tuition and conference fens; generic overhead or markup; and taxes. "Match Funds" means funds provided by the Recipient towards the Project Costs incurred after November 4, 2014. "Party Contact" means, for the Recipient, the Authorized Representative of the Recipient or any designee of the Authorized Representative, and, for the State Water Board, the Grant Manager. "Project" means the Project as described in Exhibit A and in the documents incorporated by reference. "Project Completion" means, as determined by the Division, that the Project is complete to the reasonable satisfaction of the Division. "Project Costs" means the incurred costs of the Recipient which are eligible under this Agreement, which are allowable costs as defined under the Guidelines; and which re reason hle necessary and allocable by the Recipient to the Project under GAAP. "Project Director" means an employee of the Recipient designated by the Authorized Representative to be responsible for the overall management of the administrative and technical aspects of the executed Agreement. The Project Director is set forth in Section 2 of this Agreement, "Recipient" means City of National City. "Regional Water Quality Control Board" or "Regional Water Board' means the appropriate Regional Water Quality Control Board. "State" means State of California. "State Water Board" means the California State Water Resources Control Board, an administrative and regulatory agency of the State of California. "Work Completion" means the Recipient's submittal of all work set tenth under. Exhibit A for review and approval by the Division. The Division may require corrective work to be performed prior to Project 160 of 416 City of National City Agreement No. D1712675 Page 4 of 29 Completion. Any work occurring after the Work Completion Date will not be reimbursed under this Agreement. 'Work Completion Date" means the date set forth in Exhibit A that is the last date on which Project Costs may be incurred under this Agreement. "Year" means calendar year unless otherwise expressly indicated. 2. Party Contacts The Party Contacts during the term of this Agreement are: State Water Board City of National City Section: i Division of Financial Assistance Section: Name: ' Kelley List, Grant Manager Name: Stephen Manganiello, Project Director Address: 1001 I Street, 17th Floor Address: 1243 National City Blvd City, State, Zip: Sacramento, CA 95814 City, State, Zip: National City, CA 91950 Phone: (916) 319-9226 Phone: (619) 336-4380 Fax: (916) 351-5708 Fax: (619) 336-4397 Email: , Kelly. List@waterboards.ca.gov Email: SManganiello@NationalCityCA.Gov Direct inquiries to: State Water Board City of National City Section: Division of Financial Assistance Section: i Name: Blair McIntosh, Program Analyst Name: i Stephen Manganiello, Grant Contact Address: I 1001 I Street, 17th Floor Address: ! 1243 National City Blvd City, State, Zip: Sacramento, CA 95814 • City, State, Zip: ; National City, CA 91950 Phone: i (916) 322-1409 Phone: (619) 336-4380 Fax: i (916) 341-5296 Fax: (619) 336-4397 _Email: I Biair.McIntosh@waterboards.ca.gov Email: i SManaaniello@NationalCitvCA Gov , The Recipient may change its Project Director upon written notice to the Grant Manager, which notice shall be accompanied by authorization from the Recipient's Authorized Representative. The State Water Board will notify the Project Director of any changes to its Party Contacts. 3. Exhibits and Appendices Incorporated The following exhibits and appendices to this Agreement, including any amendments and supplements hereto, are hereby incorporated herein and made a part of this Agreement: EXHIBIT A — SCOPE OF WORK EXHIBIT B — FUNDING PROVISIONS EXHIBIT C — STANDARD TERMS AND CONDITIONS EXHIBIT D— SPECIAL CONDITIONS 161 of 416 City of National City Agreement No. D1712675 Page 5 of 29 4. Recipient Representations and Commitments The Recipient represents, warrants, and commits to the following as of the date s;yned by the Recipient's Authorized Representative and continuing thereafter for the term of this Agreement: (a) General Commitments. The Recipient accepts and agrees to comply with all terms, provisions, conditions, and commitments of this Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and commitments made by the Recipient in its application, accompanying documents, and communications filed in support of its request for financial assistance and throughout the term of this Agreement. (b) Authorization and Validity. The execution and delivery of this Agreement. including all incorporated documents, has been duly authorized. This Agreement constitutes a valid and binding obligation of the Recipient, enforceable in accordance with its terms, except as such enforcement may be limited by law. (c) No Violations. The execution, delivery, and performance by the Recipient of this Agreement, including all incorporated documents, do not violate any provision of any law or regulation in effect as of the date set forth on the first page hereof, or result in any breach or default under any contract, obligation, indenture, or other instrument to which the Recipient is a party or by which the Recipient is bound as of the date set forth on the first page hereof. (d) No Litigation. There are no pending or, to the Recipient's knowledge, threatened actions, claims, investigations, suits, or proceedings before any governmental authority, court, or administrative agency which affect the financial condition or operations of the Recipient, and/or the Project. Solvency. None of the transactions contemplated by this Agreement will be or have been made with an actual intent to hinder, delay, or defraud any present or future creditors of the Recipient. As of the date set forth on the first page hereof, the Recipient is solvent and will not be rendered insolvent by the transactions contemplated by this Agreement. The Recipient is able to pay its debts as they become due. (e) (fj (g) (h) Legal Status and Eligibility. The Recipient is duly organized and existing and in good standing under the laws of the State of California, and will remain so during the term of this Agreement. The Recipient shall at all times maintain its current legal existence and preserve and keep in full force and effect its legal rights and authority. The Recipient shall maintain its eligibility for funding under this Agreement for the term of this Agreement. Good Standing. The Recipient is currently in compliance with the State requirements set forth in Exhibit C. Within the preceding ten years, the Recipient has not failed to demonstrate compliance with previous State audit disallowances. insurance. The Recipient maintains sufficient insurance coverage considering the scope of this Agreement including, for example, but not necessarily limited to: General Liability, Automobile Liability, Worker's Compensation and Employer's Liability, and Professional Liability, 5. Project Completion The Recipient shall expeditiously proceed with and complete the Project in accordance with this Agreement. 6. Notice (a) The Recipient shall notify the Division in writing within five (5) working days of the occurrence of the following: 162 of 416 City of National City Agreement No. D1712675 Page 6 of 29 (1) Bankruptcy, insolvency, receivership or similar event of the Recipient; or (2) Actions taken pursuant to State law in anticipation of filing for bankruptcy. (b) The Recipient shall notify the Division within ten (10) working days of any litigation pending or threatened against the Recipient regarding its continued existence, consideration of dissolution, or disincorporation. (c) The Recipient shall notify the Division promptly of the following: (1) Any proposed change in the scope of the Project. Under no circumstances may the Recipient make changes to the scope of the Project without receiving prior review and approval by the Division. Most changes will require an amendment to this Agreement; (2) Cessation of work on the Protect where such cessation of work is expected to or does extend for a period of thirty (30) days or more; (3) Any circumstance, combination of circumstances, or condition, which is expected to or does delay Work Completion; (4) Discovery of any potential archaeological or historical resource. Should a potential archaeological or historical resource be discovered during construction, the Recipient agrees that all work in the area of the find will cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the Division has determined what actions should be taken to protect and preserve the resource. The Recipient agrees to implement appropriate actions as directed by the Division; (5) (6) (7) Any monitoring activities such that the State Water Board Division of Drinking Water and/or Regional Water Board staff may observe and document such activities; Any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by State representatives with at least ten (10) working days' notice to the Division; or Work Completion and Project Completion. 7. Project Access The Recipient shall ensure that the State Water Board, the Governor of the State, or any authorized representative of the foregoing, will have safe and suitable access to the Project site at all reasonable times during Project construction and thereafter for the term of the obligation. 8. No Obligation of the State; State Budget Act Contingency Any obligation of the State Water Board contained herein shall not be an obligation, debt, or liability of the State, and any such obligation shall be payable solely out of the monies appropriated by the State Legislature to the State Water Board from the special fund associated with this Agreement. If the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no force and effect. This provision shall be construed as a condition precedent to the obligation of the State Water Board to make any payments under this Agreement. In this event, the State shall have no liability to pay any funds whatsoever to the Recipient or to furnish any other considerations under this Agreement, and the 163 of 416 City of National City Agreement No. D1712675 Page 7 of 29 Recipient shall not be obligated to perform any provisions of this Agreement. Nothing in this Agreement shall be construed to provide the Recipient with a right of priority for payment over any other recipient. If this Agreement's funding for any Fiscal Year is reduced or deleted by the Budget Act, by Executive Order, or by order of the Department of Finance, the State snail have the option to either cancel this Agreement with no liability occurring to the State, or offer an Agreement amendment to the Recipient to reflect the reduced amount. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CITY OF NATIONAL CITY. By: Name: Leslie Deese Title: City Manager Date: STATE WATER RESOURCES CONTROL BOARD: By: Name: Leslie S. Laudon Title: Deputy Director Division of Financial Assistance Date: 164 of 416 EXHIBIT A — SCOPE OF WORK A-1. Completion Date City of National City Agreement No. D1712675 Page 8 of 29 The Work Completion Date is established as OCTOBER 31, 2029. Work occurring after the Work Completion Date, including corrective actions, is not eligible for reimbursement with Grant Funds and cannot be paid for using Match Funds. A-2. Purpose This grant is for the benefit of the Recipient. This grant is for the purpose of diverting, treating, and infiltrating storm water runoff from Paradise Creek, and providing an urban green space in National City. A-3. Project -Specific Scope of Work The Recipient agrees to do the following: 1. Project Management 1.1 Provide all technical and administrative services as needed for Project completion; monitor, supervise, and review all work performed; and coordinate budgeting and scheduling to ensure the Project is completed within budget, on schedule, and in accordance with approved procedures, applicable laws, and regulations. 1.2 Notify the Grant Manager at least fifteen (15) working days in advance of upcoming meetings, workshops, and trainings. 1.3 Develop and update appropriately a detailed Project schedule, including key Project milestones, and submit to the Grant Manager. 1.4 Conduct periodic and final site visits with the Grant Manager. 1.5 Conduct pre-, during, and post -construction photo monitoring at the Project site and submit to the Grant Manager. L. General Compliance Requirements/Project Effectiveness and Performance 2.1 Submit Global Positioning System (GPS) information for project site(s) and monitoring location(s) for this Project to the Grant Manager. Submittal requirements for GPS data are available at: http://www.waterboards.ca.aovlwater issuesiproo.rarnslQrants loans/grant infoldoc s/gps.pdf. L.L Prepare and submit ari updated Project Assessment and Evaluation Pian (PAEP) which describes the manner in which the Project performance will be assessed, evaluated, and reported to the Grant Manager for approval. The PAEP shall detail the methods of measuring and reporting Project benefits, Implementation of any monitoring �onitorin g and performance assessment and/or evaluation actions shall not occur prior to PAEP approval by the Grant Manager. 2.3 Measure, evaluate, and document Project performance based on the effectiveness criteria in the approved PAEP. Include results of the performance assessment, 165 of 416 City of National City Agreement No, D1712675 Page 9 of 29 along with any supporting data and analysis, in the associated quarterly progress report and tile Final Project Report. 3. Permitting and Environmental Compliance 3.1 Complete documentation required under the California Environmental Quality Act (CEQA) for the proposed implementation project. Take all required steps to prepare, circulate, and certify the required CEQA document(s). 3.1.1 Submit the final CEQA document to the Grant Manager. 3.1.2 Obtain written environmental clearance from the State Water Board confirming the State Water Board has made its own environmental findings and concurred that implementation/construction may proceed. 3.2 Obtain all public agency approvals, entitlements, or permits required for Project implementation before fieid work begins. If the Project is carried out on lands not owned by the Recipient, the Recipient must obtain adequate rights of way for the useful life of the Project Submit a list and signed copies of such approvals, entitlements or permits to the Grant Manager, 4. Planning, Design, and Engineering 4.1 Prepare a Design Report that includes a geotechnical analysis and hydrology study to support the design plans and specifications, and submit to the Grant Manager for comment. 4.2 Prepare the fifty percent (50%) design plans and specifications and submit to the Grant Manager for approval. The Project shall be designed to divert, treat, and/or infiltrate a minimum of thirty (30) acre-feet per year peak flow of storm water runoff from Paradise Creek using the following approaches: 4.2.1 Install one (1) diversion structure to convey the peak flows from Paradise Creek to the fore bay and biofiltration basin. 4,2 2 Install a fore bay and biofiltration basin with a combined minimum design capacity of 0,79 acre-feet. :.2.3 install a minimum of twenty-three thousand (23,000) square feet of ground cover for slope stability and erosion control measures, including mulch, rock, and drought tolerant vegetation. 4.2.4 Install a minimum of one hundred thirty (130) trees. 4.2.5 Install a minimum of four hundred eighty (480) linear feet of underdrain and one (1) overflow catch basin down gradient of the biofiltration basin. 4.2.6 Install a minimum of five hundred (500) linear feet of pipeline to connect the biofiltration outflow to the Paradise Creek channel. 4.2.7 install a minimum of one (1) emergency overflow spillway. 166 of 416 City of National City Agreement No. D1712675 Page 10 of 29 4.3 Complete the one hundred percent (100%) design plans and specifications and prepare a summary identifying any changes from the fifty percent (50%) plans. Submit the one hundred percent (100%) design plans and specifications and summary of changes for the Project to the Grant Manager for approval. 4.4 Complete the bid documents in accordance with the approved design plans, after receiving all required approvals, and advertise the Project for bid. Submit the advertised bid documents and bid summary to the Grant Manager. 5. Construction and Implementation 5.1 Award the construction contract(s) and submit the Notice(s) to Proceed and awarded contract(s) for the Project to the Grant Manager. 5.2 Construct the Project in accordance with the approved design plans and specifications in Item 4.3 after obtaining environmental clearance from Item 3.1.2 and the necessary approvals, entitlements, and permits from Item 3.2. 5,3 Submit any proposed changes that arise during construction that may affect the Project's benefits listed in Item 4.2, schedule; or costs to the Grant Manager for approval. 5.4 Submit as -built drawings and a summary of changes from the approved design plans and specifications that occurred during construction. to the Grant Manager, 5.5 Prepare an Operations and Maintenance Plan that addresses operation and maintenance of the Project for its useful life and submit to the Grant Manager for review and approval. A-4. Disclosure and Signage (a) The Recipient shall place a sign at least four (4) feet tall by eight (8) teet wide made of %-inch- thick exterior grade plywood or other approved material in a prominent location on the construction site and shall maintain the sign in good condition for the duration of the construction period. The sign shall include the following disclosure statement and color logos (available from the Division): Water Boards "Funding for this project has been provided in full or in part by the Proposition 84 Clean Beaches initiative Program through an agreement with the State Water Resources Control Board." The sign may include another agency's required promotional information so lona as the above logos and disclosure statement are equally prominent on the sign, The sign shall be prepared in a professional manner. (b) The Recipient shall include the following disclosure statement in any document, written report, or brochure prepared in whole or in part pursuant to this Agreement: "Funding for this project has been provided in full or in part through an agreement with the State Water Resources Control Board using funds from the Proposition 84 Clean Beaches initiative 167 of 416 City of National City Agreement No. D1 712675 Page 11 of 29 Program. The contents of this document do not necessarily reflect the views and policies of the foregoing, nor does mention of trade names or commercial products constitute endorsement or recommendation for use." A-5. Reporting (a) Progress Reports. The Recipient shall submit quarterly progress reports. using a format provided by the Grant Manager, within forty-five (45) days following the end of the calendar quarter (March, June; September, and December) to the Grant Manager. Progress Reports shall provide a brief description of activities that have occurred, milestones achieved, monitoring results (if applicable), and any problems encountered in the performance of the work under this Agreement during the applicable reporting period. Reporting shall be required even if no grant -related activities occurred during the reporting period. The Recipient shall document all activities and expenditures in progress reports, including work performed by contractors. (b) As Needed Information or Reports. The Recipient agrees to submit expeditiously, during the term of this Agreement, such reports, data, and information as may be reasonably required by the Division including, but not limited to, material necessary or appropriate for evaluation of the funding program or to fulfill any reporting requirements of the state or federal government. (c) Final Reports. At the conclusion of the Project, the Recipient must submit the following to the Grant Manager: (1) Draft Final Project Report. Prepare and submit to the Grant Manager, for review and comment, a draft Final Project Report in a format provided by the Grant Manager. (2) Final Project Report. Prepare a Final Project Report that addresses, to the extent feasible, comments made by the Grant Manager on the draft Final Project Report. Submit one (1) reproducible master copy and an electronic copy of the final. Upload an electronic copy of the final report in pdf format to the FAAST system. (3) Final Project Summary. Prepare a brief summary of the information contained in the Final Project Report, using a format provided by the Grant Manager, and include accomplishments, recommendations, and lessons learned, as appropriate. Upload an electronic copy of the Final Project Summary in pdf format to the FAAST system. (4) Final Project Inspection and Certification. Upon completion of tho Project, the Recipient shall provide for a final inspection and shall certify that the Project has been completed in accordance with this Agreement, any final plans and specifications submitted to the State Water Board, and any amendments or modifications thereto. If the Project involved the planning, investigation, evaluation, design, or other work requiring interpretation and proper application of engineering, or other professionals, the final inspection and certification shall be conducted by a California Registered Civil Engineer or other appropriate California registered professional. The results of the final inspection and certification shall be submitted to the Grant Manager. 168 of 416 City of National City Agreement No. D1712675 Page 12 of 29 A-6, Submittal Schedule Failure to provide items by the due dates indicated in the Submittal Schedule below may constitute a material violation of this Agreement. However, the dates in the "Estimated Due Date" column of this Submittal Schedule may be adjusted as necessary during the Disbursement Period with Grant Manager approval. All work or submittals must be achieved with relevant submittals approved by the Division prior to the Work Completion Date, and the final Disbursement Request submitted prior to the Final Disbursement Request Date set forth in Exhibit B. - ITEM DESCRIPTION OF SUBMITTAL I CRITICAL DUE I ESTIMATED DUE DATE I DATE EXHIBIT A-3 PROJECT -SPECIFIC SCOPE OF WORK 1. Project Management 1.2 Notification of Upcoming Meetings, Workshops, and Trainings As Needed 1.3 Detailed Project Schedule 90 Days After Execution 1.4 Site Visits As Needed 1.5 Photo Documentation As Available 2. General Compliance Requirements/Project Effectiveness and Performance 2.1 GPS Information 30 Days After Execution 2.2 Project Assessment and Evaluation Plan 60 Days After Execution 3. 3.1.1 Permitting and Environmental Compliance Final CEQA -- May 1, 2018 3.2 Approvals, Entitlements, or Permits 1 July 1, 2018 4. Planning, Design, and Engineering 4.1 Design Report April 2018 '4.2 50% Plans and Specifications May 31, 2018 4.3 100% Plans and Specifications August 2018 4.4 Advertised Bid Documents and Bid Summary September 2018 5. Construction and Implementation 5.1 Notice(s) to Proceed November 30, 2018 5.3 Proposed Changes During Construction 1 As Needed 5.4 As -built Drawings March 31, 2020 5.5 Operation and Maintenance Plan November 2019 169 of 416 City of National City Agreement No. D1712675 Page 13 of 29 ITEM DESCRIPTION OF SUBMITTAL CRITICAL DUE DATE ESTIMATED DUE DATE EXHIBIT A-5 REPORTING (a) Progress Reports Quarterly (b) As Needed Information or Reports As Needed (c) Final Reports (c)(1) Draft Final Project Report August 31, 2020 l (c)(2) Final Project Report September 30, 2020 (c)(3) Final Project Summary September 30, 2020 (c)(4) Final Project Inspection and Certification September 30, 2020 EXHIBIT B — FUNDING PROVISIONS 4 (b) Final Disbursement Request November 30, 2020 9 (b)(4) Disbursement Requests Quarterly 170 of 416 EXHIBIT B — FUNDING PROVISIONS B-1. Project Funding City of National City Agreement No. D1712675 Page 14 of 29 Subject to the terms of this Agreement, the State water Board agrees to provide Grant Funds in the amount of up to ONE MILLION, THREE HUNDRED FORTY-FOUR THOUSAND. FOUR HUNDRED TWENTY-FIVE DOLLARS ($1,344,425). B-2. Match Funds (a) The Recipient agrees to provide Match Funds in the amount of ONE HUNDRED FORTY-NINE THOUSAND, FOUR HUNDRED SEVENTEEN DOLLARS ($149,417). (b) This Match Funds amount is based on the budget, funding sources, and amounts submitted by the Recipient in its application and during the negotiation of this Agreement. Any Match Funds changes or adjustments requested by the Recipient must be approved, in advance and in writing, by the Grant Manager and may require an amendment to this Agreement. (c) Only expenses that would be considered eligible under the Guidelines will be counted towards the Recipient's Match Funds. (d) Any costs incurred prior to the adoption of Proposition 1 on November 4, 2014, will not count towards the Recipient's Match Funds. (e) If, at Work Completion, the Recipient has provided Match Funds in an amount that is less than the Match Funds amount set forth above, the State Water Board may proportionately reduce the Grant Funds amount and/or the Recipient's Match Funds amount, upon approval of the Deputy Director of the Division, provided the reduced amount(s) satisfy statutory requirements and Guidelines. B-3. Estimated Reasonable Total Project Cost The estimated reasonable cost of the total Project is ONE MILLION, FOUR HUNDRED NINETY-THREE THOUSAND, EIGHT HUNDRED FORTY-TWO DOLLARS (S1,493,842). B-4. Funding Dates (a) The Eligible Start Date is AUGUST 1, 2017. Otherwise eligible costs incurred prior to this date will not be reimbursed. (b) The Final Disbursement Request Date is NON/EMBER 30, 2020. The Deputy Director of the Division may extend this date for good cause. Extensions may require an amendment to this Agreement. All Disbursement Requests must be submitted to the Division such that they are received prior to this date. Late Disbursement ;requests will not be honored, and remaining amounts will be deobiigated. B-5. Funding Conditions and Exclusions The State Water Board's disbursement of Grant Funds hereunder is contingent on the Recipient's compliance with the terms and conditions of this Agreement. 171 of 416 City of National City Agreement No. D1712675 Page 15 of 29 Grant Funds may not be used for any Indirect Costs. Any Disbursement Request submitted including Indirect Costs will cause that Disbursement Request, in its entirety, to be disputed and wiii not be paid until the dispute is resolved. This prohibition applies to the Recipient and any subcontract or sub - agreement for work on the Project that will be reimbursed with Grant Funds pursuant to this Agreement. (Gov. Code, § 16727.) B-6. Budget Summary LINE ITEM GRANT FUNDS MATCH I FUNDS* TOTAL PROJECT COSTS Direct Project Administration Costs $ 0 $ 50,017 $ 50,017 Planning/Design/Engineering/Environmental $ 45,000 $ 15,000 $ 60,000 Equipment ($5,000 or more per item) $ 0 $ 0 $ 0 Construction/Implementation $ 1,269,515 $ 84,400 S 1,353,915 Monitoring/Performance $ 29,910 $ 0 $ 29,910 Education/Outreach $ 0 $ 0 $ 0 TOTAL $ 1,344,425 $ 149,417 $ 1,493,842 *Match reduced; Project benefits a disadvantaged community. B-7. Budget Flexibility (a) Subject to the prior review and approval of the Grant Manager, adjustments between existing line items may be used to defray allowable direct costs up to fifteen percent (15%) of the total Grant Funds, including any amendment(s) thereto. Line item adjustments in excess of fifteen percent (15%) require an Agreement amendment. If the detailed budget includes an amount for the Recipient's personnel costs, that amount is based on the hours, classifications, and rates submitted by the Recipient in its application. Any changes to the hours, classifications, and rates must be approved, in advance and in wIftine, by the Grant Manager. (b) The Recipient may submit a request for an adjustment in writing to the Grant Manager. Such adjustment may not increase or decrease the total grant amount. The Recipient shall submit a copy of the original Agreement budget sheet reflecting the requested changes and shall note proposed changes by striking out the original amount(s) followed with proposed change(s) in bold and underlined, Budget adjustments deleting a budget fine item or adding a new budget line item shall require a formai amendment. The Division may aiso propose budget adjustments. (c) The sum of adjusted line items shall not exceed the total budget amount. B-8. Amounts Payable by the Recipient The Recipient agrees to pay any and all costs connected with the Project including, without limitation, any and all Project Costs. If the Grant Funds are not sufficient to pay the Project Costs in full, the Recipient shall nonetheless complete the Project and pay that portion of the Project Costs in excess of available Grant Funds, and shall not be entitled to any reimbursement therefor from the State Water Board. 172 of 416 City of National City Agreement No. D1712675 Page 16 of 29 B-9. Disbursement of Grant Funds; Availability of Grant Funds (a) The State Water Board's obligation to disburse Grant Funds is contingent upon the availability of sufficient funds to permit the disbursements provided for herein. If sufficient funds are not available for any reason including, but not limited to, failure of the State government to appropriate funds necessary for disbursement of Grant Funds, the State Water Board shall not be obligated to make any disbursements to the Recipient under this Agreement. This provision shall be construed as a condition precedent to the obligation of the State Water Board to make any disbursements under this Agreement. Nothing in this Agreement shall be construed to provide the Recipient with a right of priority for disbursement over any other recipient_ if any disbursements due the Recipient under this Agreement are deferred because sufficient funds are unavailable, it is the intention of the State Water Board that such disbursement will be made to the Recipient when sufficient funds do become available, but this intention is not binding. If this Agreement's funding for any fiscal year is reduced or deleted by the Budget Act, by Executive Order, or by order of the Department of Finance, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an amendment to the Recipient to reflect the reduced amount. (b) Except as may be otherwise provided in this Agreement, disbursement of Grant Funds will be made as follows: (1) Upon execution and delivery of this Agreement, the Recipient may submit a Disbursement Request for eligible Project Costs as well as to support Match Funds as specified in this Exhibit from the Project Costs through submission to the State Water Board using the Disbursement Request form provided by the Grant Manager. (2) Disbursement Requests shall contain the following information: a. The date of the request; b. The time period covered by the request, i.e., the term "from" and "to"; c. The total amount requested; d. Documentation of Match Funds used; e. Original signature and date (in ink) of Recipient's Project Director or his/her designee; (3) and f. The Final Disbursement Request shall be clearly marked "FINAL DISBURSEMENT REQUEST" and shall be submitted NO LATER THAN NOVEMBER 30, 2020. Disbursement Requests must be itemized based on the line items specified in the budget in this Exhibit. Disbursement Requests must be complete, signed by the Recipient's Project Director or his/her designee, and addressed to the Grant Manager as set forth in the Party Contacts section of this Agreement. Requests for disbursement submitted in any other format than the one provided by the State Water Board will cause a Disbursement Request to be disputed. In the event of such a dispute, the Grant Manager will notify the Recipient. Payment rrI not be made until the :dispute is resolved and a corrected Disbursement Request submitted. The Grant Manager has the responsibility for approving Disbursement Requests. Project Costs incurred prior to the Eligible Start Date of this Agreement will not be reimbursed. 173 of 416 City of National City Agreement No. D1712675 Page 17 of 29 (4) Grant Funds must be requested quarterly via Disbursement Request for eligible costs incurred during the reporting period of the corresponding Progress Report, describing the activities and expenditures for which the disbursement is being requested. Each Disbursement Request must be accompanied by a Progress Report. Failure to provide timely Disbursement Requests may result in such requests not being honored. The Recipient agrees that it will not submit any Disbursement Requests that include any Project Costs until such costs have been incurred and are currently due and payable by the Recipient; although, the actual payment of such costs by the Recipient is not required as a condition of the Disbursement Request. Supporting documentation (e.g., receipts) must be submitted with each Disbursement Request as well as to support Match Funds claimed, if any. The amount requested for administration costs must include a calculation formula (Le., hours or days worked times the hourly or daily rate = total amount claimed). Disbursement of Grant Funds will be made only after receipt of a complete, adequately supported, properly documented and accurately addressed Disbursement Request. (5) (6) (7) (8) The Recipient will not seek reimbursement of any Project Costs that have been reimbursed from other funding sources. The Recipient shall use Grant Funds within thirty (30) days of receipt to reimburse contractors, vendors, and other Project Costs. Any interest earned on Grant Funds shall be reported to the State Water Board and will either be required to be returned to the State Water Board or deducted from future disbursements. In the event that the Recipient fails to disburse Grant Funds to contractors or vendors within thirty (30) days from receipt of the Grant Funds, the Recipient shall immediately return such Grant Funds to the State Water Board. Interest shall accrue on such funds from the date of disbursement through the date of mailing of Grant Funds to the State Water Board. If the Recipient held such Grant Funds in interest -bearing accounts, any interest earned on the Grant Funds shall also be due to the State Water Board. The Recipient shall submit its final Disbursement Request no later than the Final Disbursement Request Date specified herein unless prior approval is granted by the Division. If the Recipient fails to do so, then the undisbursed balance of this Agreement will be deobligated. (9) The Recipient agrees that it will not request a disbursement unless that cost is allowable, reasonable, and allocable. (10) Notwithstanding any other provision of this Agreement, no disbursement shall be required at any time or in any manner that is in violation of or in conflict with federal or state laws, policies, or regulations. (11) The Recipient agrees that it shall not be entitled to interest earned on undisbursed Grant Funds. (12) Any reimbursement for necessary travel and per diem shall be at rates not to exceed those set by the California Department of Human Resources. These rates may be found at http:ilwww.calhr.ca.goviemployeesiPages!travel-reimbursements.aspx. Reimbursement will be at the State travel and per diem amounts that are current as of the date costs are incurred by the Recipient. No travel outside the State of California shall be reimbursed unless prior written authorization is obtained from the Grant Manager. 174 of 416 City of National City Agreement No. D1712675 Page 18 of 29 (13) The Recipient must include any other documents or requests required or allowed under this Agreement. B-10. Withholding of Disbursements and Material Violations (a) Notwithstanding any other provision of this Agreement, the Recipient agrees that the State Water Board may retain an amount equal to ten percent (10%) of the Grant Funds until Project Completion. Any retained amounts due to the Recipient will be promptly disbursed to the Recipient, without interest, upon Project Completion. (b) The State Water Board may withhold all or any portion of the funds provided for by this Agreement in the event that (1) The Recipient has materially violated, or threatens to materially violate, any term, provision, condition, or commitment of this Agreement or (2) The Recipient fails to maintain reasonable progress toward Project Completion. B-11. Remaining Balance In the event the Recipient does not request a]1 of the Grant Funds encumbered under this Agreement, any remaining Grant Funds revert to the State. B-12. Fraud and Misuse of Public Funds All Disbursement Requests submitted shall be accurate and signed under penalty of perjury. Any and all costs submitted pursuant to this Agreement shall only be for the tasks set forth herein. The Recipient shall not submit any Disbursement Request containing costs that are ineligible or have been reimbursed from other funding sources unless required and specifically noted as such (i.e., match costs). Any eligible costs for which the Recipient is seeking reimbursement shall not be reimbursed from any other source. Double or multiple billing for time, services, or any other eligible cost is illegal and constitutes fraud. Any suspected occurrences of fraud, forgery, embezzlement, theft, or any other misuse of public funds may result in suspension of disbursements of Grant Funds and/or termination of this Agreement requiring the repayment of all Grant Funds disbursed hereunder. Additionally, the Deputy Director of the Division may request an audit and refer the matter to the Attorney General's Office or the appropriate district attorney's office tor criminal prosecution or the imposition of civil liability. (Civ. Code, §§ 1 5 i 2-1573; Pen. Code, §§ 470, 489-490.) 175 of 416 City of National City Agreement No. D1712675 Page 19 of 29 EXHIBIT C — STANDARD TERMS AND CONDITIONS C-1. Accounting and Auditing Standards The Recipient shall maintain GAAP-compliant Project accounts, including GAAP requirements relating to the reporting of infrastructure assets. C-2. Amendment No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parliies, and approved as required, No oral or written understanding or agreement not incorporated in this Agreement is binding on any of the parties_ C-3. Assignability This Agreement is not assignable by the Recipient, either in whole or in part. C-4. Audit (a) The Division, at its option, may call for an audit of financial information relative to the Project, where the Division determines that an audit is desirable to assure program integrity or where such an audit becomes necessary because of state or federal requirements. Where such an audit is called for, the audit shall be performed by a certified public accountant independent of the Recipient and at the cost of the Recipient. The audit shall be in the form required by the Division. (b) Audit disallowances will be returned to the State Water Board. Failure to comply with audit disallowance provisions shall disqualify the Recipient from participating in State Water Board funding programs. C-5. Bonding Where contractors are used, the Recipient shall not authorize construction to begin until each contractor has furnished a performance bond in favor of the Recipient in the following amounts: faithful performance (100%) of contract value, and labor and materials (100%) of contract value. This requirement shall not apply to any contract for less than $25,000.00. C-6. Continuous Use of Project; Lease or Disposal of Project The Recipient agrees that, except as provided in this Agreement, it will not abandon, substantially discontinue use of, lease, or dispose of the Project or any significant part or portion thereof during the useful life of the Project without prior written approval of the Deputy Director of the Division. Such approval may be conditioned as determined to be appropriate by the Deputy Director of the Division, including a condition requiring repayment of all Grant Funds or any portion of ail remaining Grant Funds covered bythis Agreement together with accrued interest and penaltyassessments which may be 9 g_..... any due. C-7. Claims Any claim of the Recipient is limited to the rights, remedies, and claims procedures provided to the Recipient under this Agreement. 176 of 416 City of National City Agreement No. D1712675 Page 20 of 29 C-8. Competitive Bidding The Recipient shall adhere to any applicable state or local ordinance for competitive bidding and applicable labor laws. If the Recipient is a private entity, any construction contracts related in any way to the Project shall be let by competitive bid procedures that ensure award of such contracts to the lowest responsible bidders. The Recipient shall not award a construction contract until a summary of bids and identification of the selected lowest responsible bidder is submitted to and approved in writing by the Division. The Recipient must provide a full explanation if the Recipient is proposing to award a construction contract to anyone other than the lowest responsible bidder. C-9. Compliance with Law, Regulations, etc. The Recipient agrees that it will, at all times, comply with and require its contractor and subcontractors to comply with all applicable federal and state laws, rules, guidelines, regulations, and requirements. Without limitation of the foregoing, the Recipient agrees that, to the extent applicable, the Recipient will: (a) Comply with the provisions of the adopted environmental mitigation plan, if any, for the term of this Agreement; (b) Comply with the Guidelines; and (c) Comply with and require compliance with the list of state laws (cross -cutters) in Section C-32 of this Agreement. C-10. Conflict of Interest The Recipient certifies that its owners, officers, directors, agents, representatives, and employees are in compliance with applicable state and federal conflict of interest laws. C-11. Damages for Breach Affecting Tax -Exempt Status or Federal Compliance In the event that any breach of any of the provisions of this Agreement by the Recipient shall result in the loss of tax-exempt status for any bonds of the State or any subdivision or agency theFeor including issued on bchaif of the State Water Board, or if such breach shall result in an obigaton on the part of the State or any subdivision or agency thereof to reimburse the federal government by reason of any arbitrage profits, the Recipient shall immediately reimburse the State or any subdivision or agency thereof in an amount equal to any damages paid by or loss incurred by the State or any subdivision or agency thereof due to such breach. In the event that any breach of any of the provisions of this Agreement by the Recipient shall result in the failure of Grant Funds to be used pursuant to the provisions of this Agreement, or if such breach shall result in an obligation on the part of the State or any subdivision or agency thereof to reimburse the federal government, the Recipient shall immediately reimburse the State or any subdivision or agency thereof in an amount equal to any damages paid by or loss incurred by the State or any subdivision or agency thereof due to such breach, C-12. Disputes (a) The Recipient may appeal a staff decision within thirty (30) days to the Deputy Director of the Division or designee, for a final Division decision. The Recipient may appeal a final Division decision to the State Water Board within thirty (30) days. The Office of the Chief Counsel of the State Water Board will prepare a summary of the dispute and make recommendations relative to its final resolution, which will be provided to the State Water Board's Executive Director and each State Water Board Member. Upon the motion of any State Water Board Member, the State 177 of 416 City of National City Agreement No. D1712675 Page 21 of 29 Water Board will review and resolve the dispute in the mariner determined by the State Water Board. Should the State Water Board determine riot to review the final Division decision, this decision will represent a final agency action on the dispute. (b) This clause does not preclude consideration of legal questions, provided that nothing herein shall be construed to make final the decision of the State Water Board, or any official or representative thereof, on any question of law. (c) The Recipient shall continue with the responsibilities under this Agreement during any dispute. C-13. Financial Management System and Standards The Recipient agrees to comply with federal standards for financial management systems, The Recipient agrees that, at a minimum, its fiscal control and accounting procedures will be sufficient to permit preparation of reports required by the federal or state government and tracking of Project Costs to a level of expenditure adequate to establish that such Grant Funds have not been used in violation of federal or state laws or the terms of this Agreement. C-14. Governing Law This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. C-15. Income Restrictions The Recipient agrees that any refunds, rebates, credits, or other amounts (including any interest thereon) accruing to or received by the Recipient under this Agreement shall be paid by the Recipient to the State Water Board, to the extent that they are properly allocable to Project Costs for which the Recipient has been reimbursed by the State Water Board under this Agreement. C-16. Indemnification and State Reviews The parties agree that review or approval of Project documents by the State Water Board is for administrative purposes only, including conformity with application and eligibility criteria, and expressly not for the purposes of design defect review or construction feasibility, and does not relieve the Recipient of its responsibility to properly plan, design, construct, operate, and maintain the Project. To the extent permitted by law, the Recipient agrees to indemnify, defend, and hold harmless the State Water Board, and its officers, employees, and agents (collectively, "Indemnified Persons"), against any loss or liability arising out of any claim or action brought against any Indemnified Persons from and against any and all losses, claims, damages, liabilities, or expenses, of every conceivable kind, character, and nature whatsoever arising out of, resulting from, or in any way connected with (1) the Project or the conditions, occupancy, use, possession, conduct, or management of, work done in or about, or the planning, design, acquisition, installation, or construction, of the Project or any part thereof; (2) the carrying out of any of the transactions contemplated by this Agreement or any related document; (3) any violation of any applicable law, rue or regulation, any environmental law (including, without limitation, the Federal Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the California Hazardous Substance Account Act, the Federal Water Pollution Control Act, the Clean Air Ant, the Toxic Substances Control Act, the Occupational Safety and Health Act, the Safe Drinking Water Act, the California Hazardous Waste Control Law, and California Water Code Section 13304, and any successors to said laws), rule or regulation or the release of any toxic substance on or near the Project; or (4) any untrue statement or alleged untrue statement of any material fact or omission or alleged omission to state a material fact necessary to make the statements required to be stated therein, in light of the circumstances under which they were made, not misleading with respect to any information provided by the Recipient for use in any disclosure document utilized in connection with any of the 178 of 416 City of National City Agreement No. 01712675 Page 22 of 29 transactions contemplated by this Agreement. To the fullest extent permitted by law, the Recipient agrees to pay and discharge any judgment or award entered or made against In .jernnified Persons with respect to any such claim or action, and any settlement, compromise or other vo iuntary resolution. The provisions of this section shall survive the term of this Agreement and the discharge of the Recipient's obligation hereunder. C-17. Independent Actor The Recipient, and its agents and employees, if any, in the performance of this Agreement, shall act in an independent capacity and not as officers, employees, or agents of the State Water Board. C-18. Integration This Agreement is the complete and final Agreement between the parties. C-19. Non -Discrimination Clause (a) During the performance of this Agreement, the Recipient and its contractors and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, sexual orientation, physical disability (including HIV and AIDS), mental disability. medical condition (cancer), age (over 40), marital status, denial of family care leave, or genetic information, gender, gender identity, gender expression, or military and veteran status. (b) The Recipient, its contractors, and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. (c) The Recipient, its contractors, and subcontractors shall comply with the provisions of the Fair Employment and Housing Act and the applicable regulations promulgated thereunder. (Gov. Code, §12990, subds. (a)-(f) et seq.; Cal. Code Regs., tit. 2, § 7285 et seq.) Such regulations are incorporated into this Agreement by reference and made a part hereof as if set forth in full. (d) The Recipient, its contractors, and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (e) The Recipient shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement. C-20. No Third Party Rights The parties to this Agreement do not create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or of any duty, covenant; obligation, or undertaking established herein. C-21. Operation and Maintenance; Insurance The Recipient agrees to sufficiently and Nroper!„ staff, operate, and maintain al! portions of the Project during its useful life in accordance with all applicable state and federal laws, rules, and regulations. The Recipient will procure and maintain or cause to be maintained insurance on the Project with responsible insurers, or as part of a reasonable system of self-insurance, in such amounts and against such risks (including damage to or destruction of the Project) as are usually covered in connection with systems similar to the Project. Such insurance may be maintained by the maintenance of a self- 179 of 416 City of National City Agreement No, D1712675 Page 23 of 29 insurance plan so long as any such plan provides for (i) the establishment by the Recipient of a separate segregated self-insurance fund funded in an amount determined (initially and on at least an annual basis) by en independent insurance consultant experienced in the field of risk management employing accepted actuariai techniques and (ii) the establishment and maintenance of a claims processing and risk management program. In the event of any damage to or destruction of the Project caused by the perils covered by such insurance, the net proceeds thereof shall be applied to the reconstruction, repair or replacement of the damaged or destroyed portion of the Project. The Recipient shall begin such reconstruction, repair or replacement as expeditiously as possible, and shall pay out of such net proceeds all costs and expenses in connection with such reconstruction, repair or replacement so tnat the same shall be completed and the Project shall be free and clear of all ciairns and liens. C-22. Other Assistance !f funding for Project Costs is made available to the Recipient from sources other than this Agreement and approved match sources, the Recipient shall immediately notify the Grant Manager. C-23. Permits; Contracting; Disqualification The Recipient shall comply in all material respects with all applicable federal, state and local laws, rules and regulations. The Recipient shall procure all permits, licenses and other authorizations necessary to accomplish the work contemplated in this Agreement, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. Signed copies of any such permits or licenses shall be submitted to the Division before construction starts. For any work related to this Agreement, the Recipient shall not contract with any individual or organization on the State Water Board's List of Disqualified Businesses and Persons that is identified as debarred or suspended or otherwise excluded from or ineligible for participation in any work overseen, directed, funded, or administered by the State Water Board program for which funding under this Agreement is authorized. The State Water Board's List of Disqualified Businesses and Persons is located at http://www.waterboards.ca.gov/water issueslprodrams/enforcementifwa/dbp.shtml. The Recipient shall not contract with any party who is debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, "Debarment and Suspension." C-24. Public ecords The Recipient acknowledges that, except for a subset of information regarding archaeological records, the Project records and locations are public records including, but not limited to, all of the submissions accompanying the application, all of the documents incorporated by reference into this Agreement, and all reports, disbursement requests, and supporting documentation submitted hereunder. C-25. Prevailing Wages The Recipient agrees to be bound by all applicable provisions of the State Labor Coda regarding prevailing wages. The Recipient shall monitor all agreements subject to reimbursement from this Agreement to ensure that the prevailing wage provisions of the State Labor Code are being met. The Recipient certifies that it has a Labor Compliance Program (LCP) in place or has contracted with a third party that has been approved by the Director of the Department of industrial Relations (DIR) to operate an LCP. Current DIR requirements may be found at http:/fwww.dir.ca.dovllcp.asp_ For more information, please refer to DIR's Public Works Manual at: http:llwww.dir.ca.gov/dlse/PWManualCombined.pdf. 180 of 416 City of National City Agreement No. D1712675 Page 24 of 29 C-26. Professionals The Recipient agrees that only professionals with valid licenses in the State of California will be used to perform services under this Agreement where such services are called tor. All technical reports required pursuant to this Agreement that involve planning, investigation, evaluation, design, or other work requiring interpretation and proper application of engineering, architecture, or geologic sciences shall be prepared by or under the direction of persons registered to practice in California. All technical reports must contain the statement of the qualifications of the responsible registered professional(s). Technical reports must bear the signature(s) and seal(s) of the registered professional(s) in a manner such that all work can be clearly attributed to the professional responsible for the work. C-27. Public Funding This Project is publicly funded. Any service provider or contractor with which the Recipient contracts must not have any role or relationship with the Recipient, that, in effect, substantially limits the Recipient's ability to exercise its rights, including cancellation rights, under the contract, based on all the facts and circumstances. C-28. Recipient's Responsibility for Work The Recipient shall be responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Recipient shall be responsible for responding to any and all disputes arising out of its contracts for work on the Project. The State Water Board will not mediate disputes between the Recipient and any other entity concerning responsibility for performance of work. C-29. Records Without limitation of the requirement to maintain Project accounts in accordance with GAAP, the Recipient agrees to: (a) Establish an official file for the Project which shall adequately document all significant actions relative to the Project. (b) Establish separate accounts which will adequately and accurately depict all amounts received and expended on the Project, including all assistance funds received under this Agreement. Establish separate accounts which will adequately depict all income received which is attributable to the Project, specifically including any income attributable to assistance funds disbursed under this Agreement. (c) (d) Establish an accounting system which will accurately depict final total costs of the Project, including both direct and Indirect Costs. Indirect Costs are not eligible for funding under this Agreement. (e) Establish such accounts and maintain such records as may be necessary for the State to fulfill federal reporting requirements, including any and all reporting requirements under federal tax statutes or regulations. (f) If a Force Account is used by the Recipient for the Project, accounts will be established which reasonably document all employee hours charged to the Project and the associated tasks performed by each employee. Indirect Force Account costs are not eligible for funning This prohibition applies to the Recipient and any subcontract or sub -agreement for work on the Project that will be reimbursed with Grant Funds pursuant to this Agreement. (Gov. Code, § 16727.) 181 of 416 (g) City of National City Agreement No. D1712675 Page 25 of 29 Maintain separate books, records, and other material relative to the Project. (h) Retain such books, records, and other material for itself and for each contractor or subcontractor who performed work on this Project for a minimum of thirty-six (36) years after Work Completion. The Recipient shall require that such books, records, and other material be subject at all reasonable times (at a minimum during normal business hours) to inspection, copying, and audit by the State Water Board, the Bureau of State Audits, the Internal Revenue Service, the Governor, or any authorized representatives of the aforementioned, and shall allow interviews during normal business hours of any employees who might reasonably have information related to such records. The Recipient agrees to include a similar right regarding audit, interviews, and records retention in any subcontract related to the performance of this Agreement. The provisions of this section shall survive the term of this Agreement. C-30. Related Litigation The Recipient is prohibited from using Grant Funds or Match Funds to pay costs associated with any litigation the Recipient pursues. Regardless of whether the Project or any eventual related project is the subject of litigation, the Recipient agrees to complete the Project funded by the Agreement or to repay all Grant Funds plus interest to the State Water Board. C-31. Rights in Data The Recipient agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes, and other written or graphic work produced in the performance of this Agreement are subject to the rights of the State as set forth in this section. The State shall have the right to reproduce, publish, and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Recipient may copyright the same, except that, as to any work which is copyrighted by the Recipient, the State reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish, and use such work, or any part thereof, and to authorize others to do so, and to receive electronic copies from the Recipient upon request. C-32. State Cross -Cutter Compliance The Recipient represents and certifies that, to the extent applicable, it is in compliance with the following conditions precedent and agrees that it will continue to maintain complianec during the term of this Agreement: (a) Agricultural Water Management Plan Consistency. A Recipient that is an agricultural water supplier as defined by section 10608.12 of the Water Code must comply with the Agricultural Water Management Planning Act. (Wat. Code, § 10800 et seq.) (b) California Environmental Quality Act (CEQA). Implementation and construction activities must comply with CEQA. Upon receipt and review of the Recipient's CF,QA documents, the State Water Board shall make its own environmental findings before determining whether to provide any construction funding under this Agreement. Providing environmental clearance and construction funding is discretionary. In the event that the State Water Board does not provide environmental clearance+ nn construction fiunr4inq 11 be nrnvidsd under this Agreement, all construction funds will be disencumbered, and this Agreement may be terminated. The State Water Board may require changes in the scope or additional mitigation as a condition to providing construction funding under this Agreement. The Recipient shall be prohibited from performing any construction activities prior to environmental clearance by the State Water Board, and the undertaking of any such construction activity will be considered a material breach of this Agreement. 182 of 416 City of National City Agreement No. D1712675 Page 26 of 29 (c) Charter City Project Labor Requirements. (Labor Code, § 1782 and Pub. Contract Code, § 2503.) (1) Prevailing Wage Where the Recipient is a charter city or a joint powers authority that includes a charter city, the Recipient certifies that no charter provision nor ordinance authorizes a construction project contractor not to comply with the Labor Code's prevailing wage rate requirements, nor, within the prior two years (starting from January 1, 2015, or after) has the city awarded a public works contract without requiring the contractor to comply v; ith such wage rate requirements according to Labor Code section 1782. (2) Labor Agreements Where the Recipient is a charter city or a joint powers authority that includes a charter city, the Recipient certifies that no charter provision, initiative, or ordinance limits or constrains the city's authority or discretion to adopt, require, or utilize project labor agreements that include all the taxpayer protection antidiscrimination provisions of Public Contract Code section 2500 in construction projects, and that the Recipient is accordingly eligible for state funding or financial assistance pursuant to Public Contract Code section 2503. (d) Contractor and Subcontractor Requirements. (Labor Code, §§ 1725.5 and 1771.1.) To bid for public works contracts, the Recipient acknowledges that the Recipient and the Recipient's subcontractors must register with the Department of Industrial Relations. To the extent the Project is a public works project, the Recipient acknowledges its responsibility to adopt and enforce, or contract with a third party to enforce, a labor compliance program pursuant to subdivision (b) of Labor Code Section 1771.5. (e) Delta Plan Consistency Findings. (Wat. Code, § 85225 and Cal. Code of Regulations, title 23, § 5002.) If the Recipient is a state or local public agency and the proposed action is covered by the Delta Plan, the Recipient will submit a certification of project consistency with the Delta Plan to the Delta Stewardship Council prior to undertaking the implementation/construction project associated with this Project. (f) (g) Eminent Ocrnain Prohibited (Wat. Code, § 79711.) Where land acquisition is otherwise authorized under this Agreement, Grant Funds and Match Funds shall not be used to acquire land via eminent domain. Governor's Infrastructure Plan. (Gov. Code, § 13100.) The Recipient shall ensure that the Project shall maintain consistency with section 13100 of the Government Code (five-year infrastructure plan). (h) State Water Board's Drought Emergency Water Conservation regulations. (Cal. Code of Regulations, Title 23, article 22.5.) The Recipient will include a discussion of its implementation in Progress Reports submitted pursuant to this Agreement. (i) SBx7-7: Sustainable Water Use and Demand Reduction (Wat. Code, § 10608 et seq.). SBx7-7 conditions the receipt of a water management grant or loan for urban water suppliers on achieving gallons per capita per day reduction targets with the end goal of a twenty percent (20%) reduction by 2020. The Recipients that are urban water suppliers shall provide proof of compliance with SBx7-7 183 of 416 (1) City of National City Agreement No. D1712675 Page 27 of 29 Urban Water Demand Management. (Wat. Code, § 10631.5,) If the Recipient is an "urban water supplier" as defined by Water Code section 10617, the Recipient certifies that it is implementing water demand management measures approved by the Department of VVater Resources. (k) Urban Water Management Planning Act. (Wat. Code, § 10610 et seq.) If the Recipient is an "urban water supplier" as defined by Water Code section 10617, the Recipient certifies that it has submitted an Urban Water Management Plan that has been deemed complete by the Department of Water Resources and is in compliance with that plan. This shall const Lute a condition precedent to this Agreement. (I) Urban Water Supplier. (Ural. Code, §§ 526 and 527.) If the Recipient is an urban water supplier as defined by Water Code section 10617, it shall have complied and maintain compliance with sections 526 and 527 of the Water Code relating to installation of meters and volumetric charging. (m) Water Diverter. (Wat. Code, § 5103.) If the Recipient is a water diverter, the Recipient must maintain compliance by submitting monthly diversion reports to the Divisi en of Water Rights of the State Water Board. (n) Water Quality Compliance. (Wet. Code, § 79707.) The Recipient shall ensure that the Project shall maintain consistency with Division 7 of the Water Code (commencing with section 13000) and Government Code section 13100. (o) (P) Water Quality Monitoring. (Wat. Code, § 79704.) If water quality monitoring is required as part of the Project, the Recipient shall collect and report water quality monitoring data to the State Water Board in a manner that is compatible and consistent with surface water monitoring data systems or groundwater monitoring data systems administered by the State Water Board. Wild and Scenic Rivers. (Wat. Code, § 79711.) The Recipient shall ensure that the Project will not have an adverse effect on the values upon which a wild and scenic river or any other river is afforded protections pursuant to the California Wild and Scenic Rivers Act or the federal Wild and Scenic Rivers Act. C-33. State Water Board Action; Costs and Attorney Fees The Recipient agrees that any remedy provided in this Agreement is in addition to and not in derogation of any other legal or equitable remedy available to the State Water Boeici as a ; es ,itt or breach of this Agreement by the Recipient, whether such breach occurs before or alter completion of the Project, and exercise of any remedy provided by this Agreement by the State Water Board sha[i not preclude the State Water Board from pursuing any legal remedy or right which would otherwise be available. In the event of litigation between the parties hereto arising from this Agreement, it is agreed that each party shall bear its own costs and attorney fees. C-34. Termination; Immediate Repayment; Interest (a) This Agreement may be terminated at any time prior to the Work Completion Date set forth on the cover and in Exhibit A, at the option of the State Water Board, upon violation by the Recipient of any material provision of this Agreement after such violation has boen called to the attention of the Recipient and after failure of the Recipient to bring itself into compliance with the provisions of this Agreement within a reasonable time as established by the Division. (b) in the event of such termination, the Recipient agrees, upon demand, to immediately repay to the State Water Board an amount equal to Grant Funds disbursed hereunder, accrued interest, penalty assessments, and additional payments. In the event of termination, interest shall accrue 184 of 416 City of National City Agreement No. D1712675 Page 28 of 29 on all amounts due at the highest legal rate of interest from the date that notice of termination is mailed to the Recipient to the date all monies due have been received by the State Water Board. C-35. Timeliness Time is of the essence in this Agreement C-36. Unenforceable Provision In the event that any provision of this Agreement is unenforceable or held to be unenforceable. then the parties agree that aii other provisions of this Agreement have force and effect and shall not be affected thereby. C-37. Useful Life of Project For the purpose of this Agreement, the minimum useful life of any constructed portions of this Project begins upon completion of construction and continues until twenty (20) years thereafter. C-38. Venue The State Water Board and the Recipient hereby agree that any action arising out of this Agreement shall be fired and maintained in the Superior Court in and for the County of Sacramento, California. C-39. Waiver and Rights of the State Water Board Any waiver of rights by the State Water Board with respect to a default or other matter arising under this Agreement at any time shall not be considered a waiver of rights with respect to any other default or matter. Any rights and remedies of the State Water Board provided for in this Agreement are in addition to any other rights and remedies provided by law. 185 of 416 D-1. City of National City Agreement No, D1712675 Page 29 of 29 EXHIBIT D — SPECIAL CONDITIONS This Recipient hereby warrants and represents that this Project is capable of contributing to sustained, Tong -term water quality or environmental restoration or protection benefits for a period of at least twenty (20) years. D-2. The Recipient certifies that the Project is intended to address the causes of degradation, rather than symptoms. D-3. The Recipient certifies that the Project is consistent with water quality and resource protection plans prepared, implemented, or adopted by the State Water Board, the applicable Regional Water Board, and the State Coastal Conservancy. D-4. The Recipient certifies that if a recovery plan for coho salmon, steelhead trout, or other threatened or endangered aquatic species exists, this Project is consistent with such a plan and, if feasible, implements actions in such a plan. 0-5. The Recipient certifies that it has obtained or will obtain all necessary approvals, entitlements, and permits required to implement the Project. Failure to obtain any necessary approval, entitlement, or permit shall constitute a breach of a material provision of this Agreement. 186 of 416 RESOLUTION NO. 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE PROPOSITION 84 CLEAN BEACHES INITIATIVE PROGRAM GRANT AGREEMENT NO. D1712675 BETWEEN THE STATE WATER RESOURCES CONTROL BOARD AND THE CITY OF NATIONAL CITY FOR THE PARADISE CREEK BIOFILTRATION PROJECT IN THE AMOUNT OF $1,344,425, AND AUTHORIZING CORRESPONDING REVENUE AND EXPENDITURE ACCOUNTS WHEREAS, the City of National City has submitted an application to the State Water Resources Control Board ("SWRCB") for funding for the Paradise Creek Biofiltration Project (the "Project"), which will divert, treat; and infiltrate storm water runoff from Paradise Creek, and provide an urban green space just north of Paradise Valley Road in National City; and WHEREAS, prior to executing a funding agreement (Proposition 84 Clean Beaches Initiative Program Grant Agreement No. D1712675), the State Water Resources Control Board requires the City of National City to adopt a resolution authorizing an agent, or representative, to sign the funding agreement, amendments, and requests for disbursement on behalf of the City of National City, and to carry out other necessary Project -related activities. NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of National City, that City of National is hereby authorized to carry out the Project, enter into a funding agreement with the State Water Resources Control Board, and accept and expend State funds for the Project. BE IT FURTHER RESOLVED AND ORDERED that the City Manager, or designee, is hereby authorized and designated to sign for and on behalf of the City of National City, the funding agreement for the Project and any amendments thereto; and BE IT FURTHER RESOLVED AND ORDERED that the City Manager, or designee, is hereby authorized and designated to represent the City of National City in carrying out the City of National City's responsibilities under the funding agreement, including certifying invoices and disbursement requests for Project costs on behalf of the City of National City and compliance with applicable state and federal laws. BE IT FURTHER RESOLVED AND ORDERED that any and all actions, whether previously or subsequently taken by the City of National that are consistent with the intent and purposes of the foregoing resolution, shall be, and hereby are, in all respects, ratified, approved, and confirmed. BE IT FURTHER RESOLVED AND ORDERED that the City Council of the City of National City hereby authorizes the establishment of corresponding revenue and expenditure accounts in the amount of $1,344,425 for the grant funds. [Signature Page to follow] 187 of 416 Resolution No. 2018 — Page Two PASSED and ADOPTED this 17th day of April, 2018. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Ron Morrison, Mayor 188 of 416 CC/CDC-HA Agenda 4/17/2018 — Page 189 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving the following list of projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA) through the Local Streets and Roads Funding Program as required by 189 of 416 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 17, 2018 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving the following list of projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA) through the Local Streets and Roads Funding Program as required by Senate Bill 1, the Road Repair and Accountability Act of 2017: 1) Euclid Avenue Street Resurfacing and 2) Palm Avenue Street Resurfacing; and authorizing the establishment of a Gas Tax Fund appropriation of $1,016,456 for Fiscal Year 2019 and corresponding revenue budget for receipt of RMRA funds. PREPARED BY° Stephen Manganieilo, Director of PW 1 City Engineer DEPARTMENT: Engineering/Public Works PHONE: 619-336-4382 EXPLANATION: See attached. APPROVED BY: FINANCIAL STATEMENT: APPROVED: ` mane ACCOUNT NO. APPROVED: MIS Revenue Account: 109-00000-3416 (Gas Tax, SI `C Sec 2030 RMRA) - $1,016,456 Expenditure Account: 109-409-500-498-6035 (Street Resurfacing) - $1,016,456 ENVIRONMENTAL REVIEW: The projects comply with the California Environmental Quality Act (CEQA). ORDINANCE: INTRODUCTION: T FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution approving a list of projects proposed to receive funding from the RMRA; and establishing budget appropriations and corresponding revenue budget. BOARD / COMMISSION RECOMMENDATION: NIA ATTACHMENTS: 1 Explanation vol attachments 2. Resolution 190 of 416 Explanation On April 28, 2017, Governor Brown signed State Senate Bill (SB) 1 (Beall. Chapter 5, Statutes of 2017), which is known as the Road Repair and Accountability Act of 2017. To address basic road maintenance, rehabilitation and critical safety nePrIs nn hoth the state highway and local streets and road system, SB 1: increases per gallon fuel excise taxes; increases diesel fuel sales taxes and vehicle registration fees; and provides for inflationary adjustments to tax rates in future years. On November 1, 2017, the State Controller (Controller) began the process of depositing various portions of this new funding into the newly created Road Maintenance and Rehabilitation Account (RMRA), A percentage of this new RMRA funding is apportioned by formula to eligible cities and counties pursuant to Streets and Highways Code (SHC) Section 2032(h) for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system. The State Department of Finance has published revised revenue projections for cities and counties, National City is eligible to receive up to $1,016,456 in RMRA funds for FY 2019 (see attached revenue projections). SB 1 emphasizes the importance of accountability and transparency in the delivery of California's transportation programs. Therefore, in order to be eligible for RMRA funding, statute requires cities and counties to provide basic annual RMRA project reporting to the California Transportation Commission (Commission). SHC Section 2032.5(a) articulates the general intent of the legislation that recipients of RMRA funding be held accountable for the efficient investment of public funds to maintain local streets and roads and are accountable to the people through performance goals that are tracked and reported. Pursuant to SHC Section 2030(a), the objective of the Local Streets and Roads Program is to address deferred maintenance on the local streets and roads system through the prioritization and delivery of basic road maintenance and rehabilitation projects as well as critical safety proj ects. Cities and counties rr-caivinr; RMRA funds must comply with all relevant ft- em.l and state laws, regulations, policies, and procedures. The main requirements for the program are codified in SHC Sections 2034, 2036, 2037, and 2038 and include the following: • Prior to receiving an apportionment of RMRA funds from the Controller in a fiscal year, a city or county must submit to the Commission a list of projects proposed to be funded with these funds. All projects proposed to receive funding must be included in a city or county budget that is adopted by the applicable city council or county board of supervisors at a regular public meeting [SHC 2034(a)(1)]. The list of projects must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement [SHC 2034(a)(1)]. • The project list does not limit the flexibility of an eligible city or county to fund projects in accordance with local needs and priorities so long as the projects are consistent with RMRA priorities as outlined in SHC 2030(b) [SHC 2034(a)(1)]. • The Commission will report to the Controller the cities and counties that have submitted a list of projects as described in SHC 2034(a)(1) and that are therefore 191 of 416 eligible to receive an apportionment of RMRA funds for the applicable fiscal year [SHC 2034(a)(2)]. The Controller, upon receipt of the report from the Commission, shall apportion RMRA funds to eligible cities and counties pursuant to SHC 2032(h) [SHC 2034(a)(2)]. For each fiscal year in which RMRA funds are received and expended, cities and counties must submit documentation to the Commission that includes a description and location of each completed project, the amount of funds expended on the project, the completion date, and the estimated useful life of the improvement [SHC 2034(b)]. s A city or county receiving an apportionment of RMRA funds is required to sustain a maintenance of effort (MOE) by spending at least the annual average of its general fund expenditures during the 2009-10, 2010-11, and 2011-12 fiscal years for street, road, and highway purposes from the city's or county's general fund [SHC 2036]. A city or county may spend its apportionment of RMRA funds on transportation priorities other than priorities outlined in SHC 2030(b) if the city or county's average Pavement Condition Index (PCI) meets or exceeds 80 [SHC 2037]. By July 1, 2023, cities and counties receiving RMRA funds must follow guidelines developed by the California Workforce Development Board (Board) that address participation and investment in, or partnership with, new or existing pre -apprenticeship training programs [SHC 2038]. In order to comply with the requirements for receipt and use of RMRA funds, staff recommends the following City Council actions: 1) Approve the following list of projects proposed to receive funding from the RMRA, as required by SB 1: Euclid Avenue Street Resurfacing — provide pavement rehabilitation, grind and overlay on Euclid Avenue between Cervantes Avenue and E. 24th Street (estimated construction completion by June 2019 with useful life of 10 to 15 years); Palm Avenue Street Resurfacing — provide pavement rehabilitation. grind and overlay on i Palm Avenue between Division Street and E. 18th Street (estimated construction completion by June 2019 with useful life of 10 to 15 years); 2) Authorize the establishment of a Gas Tax Fund appropriation of $1,016,456 for Fiscal Year 2019 and corresponding revenue budget for receipt of RMRA funds. 192 of 416 Local Streets and Roads - Projected Revenues Estimated R1 .7i1mayr 20i8 CARLSBAD :HULA VISTA CORONADO DEL MAR EL CAJON ENCINITAS ESCONDIDO IMPERIAL BEACH LA MESA LEMON GROVE NATIONAL CITY OCEANSIDE POWAY 2017-18 S1.111 Hwy Users Tax L, : n Account Repayment � 1 -1 Roa ' ntnc Rehab Acct TOTAL 2,361,378 129,286 648,595 3,139,259 r�wy �' `ew 4 2018.19 5B7. k61 Hwy Users Tax Loan Road Mntnc Account Repayment Rehab Acct TOTAL 2,773,669 129,286 1,888,523 4,791,477 5,542,943 304,575 1,527,982 7,375,500 6,514,232 304,575 4,449,043 11,267,850 519393 28,076 140,852 688 321 608,928 28,076 410 120 11 047123 94,463 4,885 24,507 123,855 110,041 4,885 71,356 186,283 2,136,016 116869 586,305 2 839,190 2,508,711 116,869 1,707,152 4,332,732 1207,538 70,811 355„240 1_„723589 1,523,352 70,811 1,034 358 2,628,521 3,140,654 172,220 863,988 4,176,862 3,689,863 172,220 2,515,683 6,377,767 SAN DIEGO -�_� - SAN MARCOS ._.. SANTEE 578,436 1,256,229 563,682 1,27_5 294 3,655 8859 1,049,210 31,274 156,895 766,604 68535 341823 1,668,586 30,461 152,817 76961 69,585 349,092 1,693 972 200,606 1,206,391 4862856 57,129 286,602 1,392,941 29,04_2,471 1,598 741.. ._.. _8,020,500_ 38,661,712 1,952,743 106,910 536,339 2.,595,992 1190,489 _ 64,913 325,652 1,581,054 SOLANA BEACH 286,913 15,378 77,147 379438 VISTA 2,115258 115 726 580,568 2,811,551 County of San Diego 56,297,782 ::,696,950 13,529,953 72,524,685 Total Cities & County: SrY. Die c 114,356.752 1:,,882,930 29,513,248 149,752,929 SAN FRANCISCO COUNTY SAN FRANCISCO - CityAllocatkon_ 16,925,816 993,846 4,985,889 'SAN FRANCISCO - County AIloc do n ' 9 701,195 544,177 2.730,005 s�. Total San Francis o 26,627,011 '1,538,023 7,715,894 ESCALON LATH ROP LODI _ MANTECA RIPON STOCKTON TRACY County of San Joaquin Total Cities & County: San Joaquin 26,256,395 1,460,658 January 2015 22, 905, 552 12,975,377 35.880, 929 678,168 _ _ 31,274 _ 456,832 1166,275 1,474;786 68535 1,001,112 2,544,433 660,823 30,461 444,959 1,136,244 1,497,201 69,585 11,516,4567 2,583,242 4,295,589 200606 2,9304320 7,426,515 1,231,394 57,129 834,504 2,123,026 34,140,842 _ 1,598.741 23,353,385 59 092,968 _ 2,293 876 106 910 - 1,Ii66 ^ T T 3,962,252 1,397_,496 64 913 948,205 2410 614 335,953 __ 15 378 224,Ei30 575,961 2,484,306 115,726 . Ww, 1,8902146 4.280 478 64,738,006 2693,950 39,395,326 106,830,282 132,957,036 5,882,930 85,934076 224,774,042 20,102,371 993,846 14,517 473 35,613,690 11 4'15,676 544,177 7,948,988 19,908 841 31 518,047 1,538,023 22,466 d161 55,522,531 152 122 8,191 41,091 201,404 178,263 8,191 119,647 306,101 475,918 26,272 131,801 633,991 _ 559,768 26 272 383266 969,806 _1�304�322� _ 72,823_ _ 365,.335 _ 1�742�479 ____ _ 1,536,741 72 823 1,063,750 2 673 314_ 1, 550,168 86,680 434,851 2 071,699 1,826,813 86,680 1,266.Z61 3,179,654 314,006 17202 86,301 417,509 358,909 17,202 251,283 637,394 6,480,233 364,415 1 828 181 8,672,828_ 7,643,288 364415 5,323 136 13,336,837 1,845,511 103,326 518,363 2,467 2002,175,L284 103,326 1,509,324 3L787 934 14,134,115 781,749 3,921,848 18,837,712 16,595,817 781,749 11,419,291 28,796,857 7,327,771 35, 044, 823 30, 884, 882 1,460, 658 21 336 357 53, 681, 897 CaliforruaCityFir4ance.c0v,n Page 13of18 RESOLUTION NO. 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE FOLLOWING LIST OF PROJECTS PROPOSED TO RECEIVE FUNDING FROM THE ROAD MAINTENANCE AND REHARIL ITATION ACCOUNT (RMRA) THROUGH THE LOCAL STREETS AND ROADS FUNDING PROGRAM AS REQUIRED BY SENATE BILL 1, THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017: 1) EUCLID AVENUE STREET RESURFACING, AND 2) PALM AVENUE STREET RESURFACING; AND AUTHORIZING THE ESTABLISHMENT OF A GAS TAX FUND APPROPRIATION OF $1,016.456 FOR FISCAL YEAR 2019 AND CORRESPONDING REVENUE BUDGET FOR RECEIPT OF RMRA FUNDS WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed nto law by the Governor in April 2017, in order to address the significant multi -modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of National City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City of National City (City) must include a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, in the City's Capital Improvement Program (CIP) budget, which must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvements; and WHEREAS, the City will receive and estimated $1,016,456 in RMRA funding in Fiscal Year 2019 from SB 1; and WHEREAS, the City prioritizes projects based on health and safety benefits, input from the community, project costs, schedule and available funding, and consistency with long-range planning documents and policies; and WHEREAS, the list of projects proposed to receive funding from the RMRA were developed based on this criteria to ensure revenues are being used on high -priority and cost- effective projects that meet the community's priorities for transportation investment; and WHEREAS, revenues received from the RMRA will greatly assist the City in increasing the overall quality and sustainability of our transportation system for the benefit of the public; and WHEREAS, preventative maintenance and enhancements to the local transportation system will reduce drive times and traffic congestion, and improve access for pedestrians and bicycles, which will lead to reductions in vehicle emissions helping the State achieve its air quality and greenhouse gas emissions reductions goals; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure, with a focus on maintenance and safety, investing in complete streets infrastructure, and using cutting -edge technology, materials and practices, will have significant, positive co -benefits statewide. 194 of 416 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City approves the following list of projects proposed to receive funding from the RMRA, as required by SB 1: 1) Euclid Avenue Street Resurfacing — provide pavement rehabilitation, grind and overlay on Euclid Avenue between Cervantes Avenue and E. 24'h Street (estimated construction completion by June 2019 with useful life of 10 to 15 years); 2) Palm Avenue Street Resurfacing — provide pavement rehabilitation, grind and overlay on Palm Avenue between Division Street and E. 18Th Street (estimated construction completion by June 2019 with useful life of 10 to 15 years). BE IT FURTHER RESOLVED the City Council of the City of National City authorizes the estabiishment of a Gas Tax Fund appropriation of $1,016,456 for Fiscal Year 2019 and corresponding revenue budget for receipt of RMRA funds. PASSED and ADOPTED this 17th day of April, 2018. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Ron Morrison, Mayor 195 of 416 RESOLUTION NO. 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE FOLLOWING LIST OF PROJECTS PROPOSED TO RECEIVE FUNDING FROM THE ROAD MAINTENANCE AND REHABILITATION ACCOUNT (RMRA) THROUGH THE LOCAL STREETS AND ROADS FUNDING PROGRAM AS REQUIRED BY SENATE BILL 1, THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017: 1) EUCLID AVENUE STREET RESURFACING, AND 2) PALM AVENUE STREET RESURFACING; AND AUTHORIZING THE ESTABLISHMENT OF A GAS TAX FUND APPROPRIATION OF $1,016,456 FOR FISCAL YEAR 2019 AND CORRESPONDING REVENUE BUDGET FOR RECEIPT OF RMRA FUNDS WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April 2017, in order to address the significant multi -modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of National City are aware of the projects proposed for funding in the community and which projects have been completed each fiscal year; and WHEREAS, the City of National City (City) must include a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, in the City's Capital Improvement Program (CIP) budget, which must include the description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvements; and WHEREAS, the City will receive an estimated $1,016,456 in RMRA funding in Fiscal Year 2019 from SB 1; and WHEREAS, the City prioritizes projects based on health and safety benefits, input from the community, project costs, schedule, and available funding, and consistency with long-range planning documents and policies; and WHEREAS, the list of projects proposed to receive funding from the RMRA were developed based on this criteria to ensure revenues are being used on high -priority and cost- effective projects that meet the community's priorities for transportation investment; and WHEREAS, revenues received from the RMRA will greatly assist the City in increasing the overall quality and sustainability of the City's transportation system for the benefit of the public; and WHEREAS, preventative maintenance and enhancements to the local transportation system will reduce drive times and traffic congestion, and improve access for pedestrians and bicycles, which will lead to reductions in vehicle emissions helping the State achieve its air quality and greenhouse gas emissions reductions goals; and WHEREAS, the SB 1 project list and overall investment in local streets and roads infrastructure, with a focus on maintenance and safety, investing in complete streets infrastructure, and using cutting -edge technology, materials and practices, will have significant, positive co -benefits statewide. 196 of 416 Resolution No. 2018 — Page Two NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City approves the following list of projects proposed to receive funding from the RMRA, as required by SB 1: 1. Euclid Avenue Street Resurfacing — provide pavement rehabilitation, grind and overlay on Euclid Avenue between Cervantes Avenue and East 24th Street (estimated construction completion by June 2019 with useful life of 10 to 15 years); 2. Palm Avenue Street Resurfacing — provide pavement rehabilitation, grind, and overlay on Palm Avenue between Division Street and East 18th Street (estimated construction completion by June 2019 with useful life of 10 to 15 years). BE IT FURTHER RESOLVED the City Council of the City of National City hereby authorizes the establishment of a Gas Tax Fund appropriation of $1,016,456 for Fiscal Year 2019 and a corresponding revenue budget for receipt of RMRA funds. PASSED and ADOPTED this 17th day of April, 2018. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Ron Morrison, Mayor 197 of 416 CC/CDC-HA Agenda 4/17/2018 — Page 198 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the installation of red curb "No Parking" at the intersection of E. 16th Street and Earle Drive to improve visibility at the intersection and at the crosswalk (TSC No. 2018-01). (Engi 198 of 416 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 17, 2018 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of red curb "No Parking" at the intersection of E. 16th Street and Earle Drive to improve visibility at the intersection and at the crosswalk (TSC No. 2018-01). PREPARED BY: Luca Zappielio, Junior Engineer — Civil DEPARTMENT: Engi ; ;ng/Public Works PHONE: 61 g-336-4360 APPROVED BY: EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: NIA ORDINANCE: INTRODUCTION: 7 FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt a Resolution authorizing installation of red curb "No Parking" at the intersection of E. 16th Street and Earle Drive to improve visibility at the intersection and at the crosswalk BOARD / COMMISSION RECOMMENDATIO At their meeting on March 14, 2018, the Traffic Safety Committee approved staffs recommendation to install red curb No Parking" at the intersection of E. 16th Street and Earle Drive to improve visibility at the intersection and at the crosswalk.. ATTACHMENTS: 1. Explanation w! Exhibit 2. Staff Report to the Traffic Safety Committee on March 14, 2018 (TSC No. 2018-01) 3. Resolution 1yyof416 EXPLANATION An area resident has requested red curb "No Parking" at the intersection of E. 16th Street and Earle Drive to improve visibility and enhance safety for the vehicles exiting from Earle Drive onto E.16th Street. Staff performed a site evaluation. E. 16th Street and Earle Drive are 2-lane roadways with parallel parking on both sides of the streets. The intersection is currently stop controlled for southbound traffic on Earle Drive. The posted speed limit on E. 16th Street is 35 mph. Staff confirmed that there are 20 feet of designated red curb "No Parking" on the north side of E. 16th Street, east of Earle Drive for a fire hydrant. However, staff recommends to extend the existing 20 feet of red curb with an additional 20 feet for a total of 40 feet of red curb "No Parking" to enhance safety and also as a preventative measure. Furthermore, staff recommends the installation of 20 feet of red curb "No Parking" on the north side of E. 16th Street, west of Earle Drive, to improve the sightline through the intersection for the vehicles exiting Earle Drive. Staff also reviewed the traffic collision history for this location, which confirmed there was one "reported" traffic collision within the past four years due to vehicle failing to yield in the right-of-way for pedestrians at the crosswalk. Based on traffic collision history provided by the National City Police Department (NCPD) Records Division, staff recommend 32 feet of red curb "No Parking" between the pedestrian ramp and the driveway apron of the residence at 3008 E. 16th Street for visibility at the crosswalk. This item was presented to the Traffic Safety Committee on March 14, 2018. Public notices were mailed to area residents inviting them to attend the meeting. There were no members of the community present to speak on the item. Based on the staff report and the traffic collision history for this location, the Traffic Safety Committee unanimously approved staffs recommendation to the following traffic safety enhancements: 1. Instal! 20 feet of red curb "No Parking" on the north side of E. 16th Street, west of Earle Drive. This will result in the loss of one (1) on -street parking space; 2. Extend the red curb 'No Parking" by approximately 20 feet on the north side of E. 16th Street, east of Earle Drive. This will result in the loss of one (1) on -street parking space; 3. Install 32 feet of red curb "No Parking" on the south side of E. 16th Street, west of the pedestrian crosswalk. This will result in the loss of one (1) on -street parking space. If approved by City Council, all work will be performed by City Public Works. 200 of 416 Location Map with Proposed Enhancements (TSC item: 2018-01) 20' of prcpcasd red curb "'No Parking' 32' of proposod red curb 01No Parking" 29' of existing red curb "No Parkins" Mr a floe hydrant 201 of 416 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR MARCH 14, 2018 ITEM NO. 2018-01 ITEM TITLE: REQUEST FOR RED CURB "NO PARKING" AT THE INTERSECTION OF E. 16 STREET AND EARLE DRIVE TO IMPROVE VISIBILITY AT THE INTERSECTION PREPARED BY: Luca Zappieiio, junior Engineer — Civil Engineering & Public Works Department DISCUSSION: An area resident has requested red curb "No Parking" at the intersection of E. 16th Street and Earle Drive to improve visibility and enhance safety for the vehicles exiting from Earle Drive onto E.16th Street. Staff performed a site evaluation. E. 16th Street and Earle Drive are 2-lane roadways with parallel parking on both sides of the street. The intersection is currently stop controlled for southbound traffic on Earle Drive. The posted speed limit on E. 16th Street is 35 mph. Staff confirmed that there are 20 feet of designated red curb "No Parking" on the north side of E. 16th Street, east of Earle Drive for a fire hydrant. However, staff recommends to extend -the existing 20 feet of red curb with an additional 20 feet for a total of 40 feet of red curb "No Parking' to enhance safety and also as a preventative measure. Furthermore, staff recommends the installation of 20 feet of red curb "No Parking" on the north side of E. 16th Street, west of Earle Drive, to improve the sightline through the intersection for the vehicles exiting Earle Drive. Furthermore, staff recommend 32 feet of red curb "No Parking" between the pedestrian ramp and the driveway apron of the residence at 3008 E. 16th Street for visibility at the crosswalk. Staff also reviewed the traffic collision history for this location, which confirmed there was one 'reported" traffic collision within the past four years due to vehicle failing to yield in the right-of-way for pedestrians at the crosswalk. STAFF RECOMMENDATION: Based on evaluation of existing conditions, staff recommends the following safety enhancements: 1. Install 20 feet of red curb "No Parking" on the north side of E. 16th Street, west of Earle Drive. This will result in the loss of one (1) on -street parking space; 2. Extend the red curb "No Parking" by approximately 20 feet on the north side of E. 16th Street, east of Earle Drive. This will ress pit in the loss of one () on -street parking space; 3. Install 32 feet of red curb "No Parking" on the south side of E. 16th Street, west of the pedestrian crosswalk. This will result in the loss of one (1) on -street parking space. 202 of 416 EXHIBITS: 1. Public Request 2. Public Notice 3. Location Map 4. Photos 2018-01 203of416 SEECUCLKFIX ID 3797847 PRIORITY Normal REQUESTTYPE ADDRESS Traffic Related Issues or 2945 E 16th St National City, California Complaints ASSIGNEE Engineering SECONDARY QUESTIONS Please provide location. comer of 16th and Earle Drive SIA EXPIRES Ply provide a brief description of issues/complaint constant speeding, loud motorcycles LOCATION AO WW1 dO Ail 8T6 li l'&€?.'twdiar0e REPORTED 10/19/2017- 12:10PM SUMMARY & DESCRIPTION MEDIA Trraf'fic Related !!eos or Complaints No images available. There is constant speeding and near misses at this intersection especially during school times and and night. It Is very hard to see oncoming traffic If you are turning left from Earle Drive onto 16th St with the cars parked on 116th St don't know how many acclden have been here but here was just one last week. Is there any way to get speed bumps put in77 Reported by: CltyOfNatlonalCltyCollaborativeNelghbor 10/1912017 12:10PM TIMESTAMP IIFTERMAL COMMENT 10/23/2017 Yes Public Worts assigned this Issue to Engineering 10:56AM 01/09/2018 01:29PM Please call the Engineering & Public Works Department at (619) 336- 4380 to provide your contact Information such that our staff May contact you In the event additional Information Is needed to address your request and to provide updates on the status of your request. Thank you for using National City Connect. COMMENTER Public Works Engineering 204 of 416 March 7, 2018 Resident/Property Owner iiiii 1 `3� COT CQbPQRK9'li� Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2018-01 REQUEST FOR RED CURB "NO PARKING" AT THE INTERSECTION OF E, 16T" STREET AND EARLE DRIVE TO IMPROVE VISIBILITY AT THE INTERSECTION Dear Sir/Madame: The City of National City would like to invite you to our next public Traffic Safety Committee Meeting scheduled for Wednesday, March 14, 2018, at 1:00 P.M. in the 2nd Floor Large Conference Room of the Civic Center Building, 1243 National City Boulevard, to discuss the above -referenced item. The City Hall is ADA compliance. Please note that there are two disabled persons parking spaces in front of City Hall on the east side of National City that provide direct access on the 2nd Floor of City Hall via a pedestrian bridge. If you have any questions, comments, and/or concerns, please contact the Engineering Department at 619-336-4380 and reference Traffic Safety Committee Item Number 2018-01. Sincerely, Stephen Manganie!lo City Engineer SM:lz Enclosure: Location Map 2018-01 1234 National City Boulevard, National City, CA 91950-6530 ,nano nnn nnn �_ ♦ n/'• .nn� - r_a-_ _i-_._ i _r�. (8' E."9j .:a��"'..-4380 FE f 36-439 itjin .iing,Qn tiorlaicityc .E`j.'ov 205 of 416 Location Map with Proposed Enhancements (TSC item: 2018-01) iI E. 16th Street .:2.�.t_._.: _ . y _ i if �[ 1 20' of proposed red curb "No Parking" .s^ • .-•i rs P 2o' of existing red curb "No Perking" 206 of 416 20' of proposed red curb "No Parking" 20 of existing red 50 SO i curb "No Parking' ,.ram ;1 �4l A...k t. .; i ...L , c l',Y4 k,. '7i; _N4 _ oeation of proposed red curb "Nor Parking"' on the north side of EIS St, east of Earle Drive (Looking ml ar th) ee, 20' of proposed red curb "No Parking" Location of proposed red curb "No Parking" on th1 207 of 416 r 16-m St, west of Earle Drive (looking north-west) Location of proposed red curb "No Parking" on the south side of E 16th St, west of the crosswalk (looking east Location of proposed red curb "No Parking" on t 208 of 416 E 16th St, west of the crosswalk (looking south) RESOLUTION NO. 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF RED CURB "NO PARKING" AT THE INTERSECTION OF EAST 16TH STREET AND EARLE DRIVE TO IMPROVE VISIBILITY AT THE INTERSECTION AND AT THE CROSSWALK WHEREAS, a resident has requested red curb "No Parking" at the intersection of East 16th Street and Earle Drive to improve visibility and enhance safety for the vehicles exiting from Earle Drive onto East16th Street; and improvements: WHEREAS, after a site evaluation, staff recommends the following 1. Extend the existing 20 feet of red curb with an additional 20 feet, for a total of 40 feet of red curb "No Parking" to enhance safety and as a preventative measure; and 2. Install 20 feet of red curb "No Parking" on the north side of East 16th Street, west of Earle Drive, to improve the sightline through the intersection for the vehicles exiting Earle Drive. 3. Install 32 feet of red curb "No Parking" between the pedestrian ramp and the driveway apron of the residence at 3008 East 16th Street for visibility at the crosswalk. WHEREAS, at its meeting on March 14, 2018, the Traffic Safety Committee unanimously approved staffs recommendations referenced above. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the following: 1. Extend the existing 20 feet of red curb with an additional 20 feet, for a total of 40 feet of red curb "No Parking" to enhance safety and also as a preventative measure; and 2. Install 20 feet of red curb "No Parking" on the north side of East 16th Street, west of Earle Drive, to improve the sightline through the intersection for the vehicles exiting Earle Drive. 3. Install 32 feet of red curb "No Parking" between the pedestrian ramp and the driveway apron of the residence at 3008 East 16th Street for visibility at the crosswalk. PASSED and ADOPTED this 17th day of April, 2018. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Angii P. Morris -Jones City Attorney 209 of 416 CC/CDC-HA Agenda 4/17/2018 — Page 210 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the installation of red curb "No Parking" at the intersections of Palm Avenue with E. 14th Street and E. 15th Street in order to improve visibility at the intersections (TSC No. 2018- 210 of 416 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 17, 2018 AGENDA ITEM NO, ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of red curb "No Parking" at the intersections of Palm Avenue with E. 141h Street and E. 15t Street in order to improve visibility at the intersections (TSC No. 2018-02). PREPARED BY Luca Zappiello, Junior Engineer — Civil PHONE: 619-336-4360 EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. NIA ENVIRONMENTAL REVIEW: NIA ORDINANCE: INTRODUCTION: FINAL ADOPTION: DEPARTMENT: Engijring/Public Works APPROVED BY: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt a Resolution authorizing installation of red curb No Parking" at the intersections of Palm Avenue with E. 14'h Street and E. 15th Street in order to improve visibility at the intersections BOARD / COMMISSION RECOMMENDATION: At their meeting on March 14, 2018, the "i'raffle Safety Committee approved staffs recommendation to install red curb "No Parking" at the intersections of Palm Ave with E. 14'h St and E. 15th St in order to improve visibility at the intersections ATTACHMENTS: 1. Explanation w/ Exh.bit 2. Staff Report to the Traffic Safety Committee on March 14, 2018 (TSC No. 2018-02) 3. Resoiutinn 211 of 416 EXPLANATION Mr. Tom Slavinsky has requested red curb "No Parking" at the intersection of Palm Avenue and E. 14th Street to improve visibility at the intersection. Mr. Slavinsky stated that it is difficult to see oncoming traffic for vehicles exiting from E. 14th Street onto Palm Avenue due to cars being parked too close to the intersection. Furthermore, Mr. Slavinsky stated that installing red curb "No Parking" at the intersection would help to improve safety and enhance visibility. Staff performed a site evaluation. Palm Avenue and E. 14th Street are currently 2-lane roadways with parallel parking on both sides of the streets. The intersection between the two streets is currently stop controlled for eastbound traffic on E. 14th Street. The posted speed limit on Palm Avenue is 35 mph. Staff confirmed that Palm Avenue has a 5% slope at the intersection with E. 14th Street and there are approximately 113 feet of existing red curb "No Parking„ on the west side of Palm Avenue, south of E. 14th Street. Staff confirmed that when vehicles on Palm Avenue park too close to the corners on the north side of E. 14th Street, visibility for the vehicles that are exiting E. 14th Street onto Palm Avenue is partially obstructed. Furthermore, staff observed that at the intersection of Palm Avenue and E. 15th Street there is no red curb "No Parking" and confirmed that Palm Avenue has a 2% slope at the intersection with E. 15th Street. Staff also recommends installing 20 feet of red curb "No Parking" on the west side of Palm Avenue, north of E. 15th Street and 10 feet of red curb "No Parking" on the west side of Palm Avenue, south of the E. 15th Street. Staff reviewed the traffic collision history for these locations, which is summarized as follows: 1. Palm Avenue & E. 14th St (NCPD Records Division - 2 reported accidents past 4 years); 2. Palm Avenue & E. 15th St (NCPD Records Division - 1 reported accident past 4 years). This item was presented to the Traffic Safety Committee on March 14, 2018. Public notices were sent to area residents inviting them to attend the meeting. There was one community member attendance at the meeting, Ms. Diane Quinones and she spoke in support of the item. Based on the staff report, the traffic collision history and the testimony of Ms. Quinones the Traffic Safety Committee unanir nusly approved staffs recommendation to the following traffic safety enhancements: 1. Install 40 feet of red curb "No Parking" on the vast side of Palm Avenue, north of E. 14th Street. This will result in the Toss of two (2) on -street parking spaces; 2. Install 20 feet of red curb Parking" on the west side of Paim Avenue, north of E. 15th Street. This will result in the Toss of one (1) on -street parking space. 3. Install 10 feet of red curb "No Parking" on the west side of Palm Avenue, south of E. 15th Street. This will result in no Toss of on -street parking space. 212 of 416 If approved by City Council, all work will be performed by City Public Works. 213of416 Location Map with Proposed Enhancements (TSC Item: 2018-02) it 4 23' of proposed red curb No Parking" - 2% slope 113' of existing red curb "No Parking" - 5% slope A@' of proposed red curb "No Parking" - 5% slope 214 of 416 2 NATIONAL CITY TRAFFIC SAFETY COMIVIITTEE AGENDA REPORT FOR MARCH 14, 2018 ITEM NO. 2018-02 ITEM TITLE: REQUEST TO INSTALL RED CURB "NO PARKING" AT THE INTERSECTIONS OF PALM AVENUE WITH E. 14T" STREET AND E. 15T" STREET IN ORDER TO IMPROVE VISIBILITY AT THE INTERSECTIONS PREPARED BY: Luca Zappiello, Junior Engineer— Civil Engineering & Public Works Department DISCUSSION: Mr. Tom Slavinsky has requested red curb "No Parking" at the intersection of Palm Avenue and E. 14th Street to improve visibility at the intersection. Mr. Slavinsky stated that it is difficult to see oncoming traffic for vehicles exiting from E. 14th Street onto Palm Avenue due to cars being parked too close to the intersection. Furthermore, Mr. Slavinsky stated that installing red curb "No Parking" at the intersection would help to improve safety and enhance visibility. Staff performed a she evaluation. Palm Avenue and E. 14th Street are currently 2-lanes wide and both streets have available parking on both sides of the street. The intersection between the two streets is currently stop controlled for eastbound traffic on E. 14th Street. The posted speed limit on Palm Avenue is 35 mph. Staff confirmed that Palm Avenue has a 5% slope at the intersection with E. 14'h Street and there are approximately 113 feet of existing red curb 'No Parking" on the west side of Palm Avenue, south of E. 14th Street. Staff confirmed that when vehicles on Palm Avenue park too close to the corners on the north side of E.14th Street, visibility for the vehicles that are exiting E. 14th Street onto Palm Avenue is partially obstructed. Furthermore, staff observed that at the intersection of Palm Avenue and E.151" Street there is no red curb "No Parking" and confirmed that Palm Avenue has a 2% slope at the intersection with E. 15' Street. Staff also recommends installing 20 feet of red curb 'No Parking' on the west side of Palm Avenue, north of the intersection with E. 15th Street and 10 feet of red curb No Parking" on the west side of Palm Avenue, south of the intersection with E. 15th Street. Staff reviewed the traffic collision history for these locations, which is summarized as follows: 1. Palm Avenue & E. 14th St (NCPD Records Division - 2 reported accidents past 4 years); 2. Palm Avenue & E. 15th St (NCPD Records Division - 1 reported accident past 4 years). STAFF RECOMMENDATEON: Based on evaluation of existing conditions, staff recommends the following safety enhancements: 215 of 416 1. Install 40 feet of red curb "No Parking" on the west side of Palm Avenue, north of E. 14t'' Street. This will result in the loss of two (2) on -street parking spaces; 2. Install 20 feet of red curb "No Parking" on the west side of Palm Avenue, north of E. 15th Street. This will result in the loss of one (1) on -street parking space. 3. Install 10 feet of red curb "No Parking" on the west side of Palm Avenue, south of E. 15th Street. This wi!I result in no loss of on -street parking space. EXHIBITS: 1. Public Request 2. Public Notice 3. Location Map 4. Photos 2018-02 216 of 416 Luca Zappiella Front Sent: Toe Cc Sees Hello Mr. Slavinsky, Stephen Manganiello Thursday, January 04, 2018 8:42 AM Tom.Slavinsky, Luca Zappiello FW: Unsafe intersectici Thank you for bringing this item to our attention. Luca Zappiello from our department will contact you next week to obtain more Information and conduct a site evaluation. He will then update you with our recommendations. Thank you. Stephen Manganielo Director ofPublfc Works/City Engineer CYO- of National City Engineering & Public Works Department 1243 National City Boulevard National City, CA 91960 phone: 619-336-4380 fax: 619-336-4397 direct: 619-336-4382 email: smaneanielioOnationalcitvca a v we/mite: www.nationalcitvca aov The City of National My is open Monday through Thursday from 7.00e1in-6 OlOpm; ohs are closed on Fridays,. From: " Slavinsky, Torn" Date: mend "< iendivil0nationalcitvca.sco a Subject: Unsafe Intersection Hey Albert, Hope all is well with you and family. I was looking for an email address for the NC Risk aE agennt nb but gai0 wit n fe, StuEribM c Et your n{arc i rtnat!cn. Would appreciate you passing this onto the appropriate folks. When I visit my Mom, which Is often, I consistently encounter "challenges" when leaving her house and driving towards the 805 freeway on -ramps on Plaza Blvd. No doubt my sisters Diane and Karen experience the same, and all of my Mom's neighbors experience the same. The situation is a major car accident just waiting to happen. Would hate for one of us to be In an accident, or hear about one. The problem Is cars park along the hill on Palm Ave ' rt I FaI_ .B..EFed and 14th St right up to the Palm and 14th St Intersection (Tintersection). Because of the parked cars, when making the left from 14th onto Palm to go towards Plaza it is a blind turn and you 1 217 of 416 have to guess/hope no cars are coming up the hill towards 14th and will collide with the driver side of my (or anybody else's) car. It is really unsafe 1 I believe (not totally positive) the folks parking there are students of the Bell us Academy (salon college) on the corner of Plaza and Palm. I realize they need a place to park, but something need to be done. It may be as easy as painting the top 50 ft of Palm Ave near 14th St red so nobody can park there. Thanks for forwarding this to the folios who can take care of this. Please have them reply back to me with their planned course of action. TS Tom Slawinsitv WORK: EMAIL 2 218 of 416 March 7, 2018 Resident/Property Owner CALIFORNIA • - NATI0 NAL ifl! Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2018-02 REQUEST TO INSTALL RED CURB "NO PARKING" AT THE INTERSECTIONS OF PAF E1 AVENUE WITH E. 14TH STREET AND E. 16TH STREET IN ORDER TO IMPROVE VISIBILITY AT THE INTERSECTIONS Dear Sir/Madame: The City of National City would like to invite you to our next public Traffic Safety Committee Meeting scheduled for Wednesday, March 14, 2018, at 1:00 P.M. in the 2"d Floor Large Conference Room of the Civic Center Building, 1243 National City Boulevard, to discuss the above -referenced item. The City Hall is ADA compliance. Please note that there are two disabled persons parking spaces in front of City Hall on the east side of National City that provide direct access on the 2"d Floor of City Hail via a pedestrian bridge. If you have any questions, comments, and/or concerns, please contact the Engineering Department at 619-336-4380 and reference Traffic Safety Committee Item Number 2018-02. Sincerely, Stephen ltiianganiello City Engineer SM:Iz Enclosure: Location Map 2018-02 1234 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 engineering@nationalcityca.gov 7nationalcityca.gov 219 of 416 Location Map with Proposed Enhancements (TSC Item: 2018-02) 10' of propo l ret! curb "'No Parking" - 2% slope 20' of proposed red curb allo Parking" - 2% slope 1410 Palm Avenue 113' of existing red curb No Parking" - 5% slope 40' of proposed red curb 'IN° Parking" - 5% slope 220 of 416 Location of proposed red curb "No Parking" on the west side of Palm Avenue, north of E. 14th St (looking north) Location of proposed red curb "No Parking" on t1 221 of 416 Palm Avenue, north of E. 14" St (looking west) 113' of existing red curb "No Parking" Location of existing red curb' No Parking" on the west side of Palm Avenue, %oath of E. 14th St Cooking SOuthj f 113' of existing red curb "No Parking" Location of existing red garb "No Parking" on the west side of Palen Avenue, north of E. 14th St (looking southwest) 222 of 416 Location of proposed red curb "No Parking" on the west side of Palau Avenue, north al= E. th St {looking north Location of proposed red curb "No Parking" on the 223 of 416 hlrre Avenue, north of E. 15th St (iookirag northwest) Location of proposed red curb "No Parking" on the wea side of Palm Avenue, north of E. 15lh Coo it g. south) Ve JUe 1. �r - f.`'j. - r 5 '�'"G ilu:T...«iL_�-_.��..•i- i1 '�f':�lkj�'Y� ._'y'413{ _ t `_y}f'L dI.F,..tf. .. Location of proposed red curb "No Parking" on the west side of Pain Avenue, north of E. 1th St (looking southwest) 224 of 416 RESOLUTION NO. 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF RED CURB "NO PARKING" AT THE INTERSECTIONS OF PALM AVENUE WITH EAST 14T" STREET AND EAST 15TH STREET TO IMPROVE VISIBILITY AT THE INTERSECTIONS WHEREAS, a resident has requested red curb "No Parking" at the intersection of Palm Avenue and East 14th Street to improve visibility at the intersection because it is difficult to see oncoming traffic for vehicles exiting from East 14th Street onto Palm Avenue due to cars being parked too close to the intersection, which would help to improve safety and enhance visibility; and WHEREAS, after a site evaluation, staff recommends installation of the following: 1 40 feet of red curb "No Parking" on the west side of Palm Avenue, north of East 14th Street. This will result in the Toss of two (2) on -street parking spaces; 2. 20 feet of red curb "No Parking" on the west side of Palm Avenue, north of East 15th Street. This will result in the loss of one (1) on -street parking space. 3. 10 feet of red curb "No Parking" on the west side of Palm Avenue, south of East 15th Street. This will result in no Toss of on -street parking space. WHEREAS, at its meeting on March 14, 2018, the Traffic Safety Committee approved staff's recommendations referenced above. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the installation of the following: 1. 40 feet of red curb "No Parking" on the west side of Palm Avenue, north of East 14th Street. This will result in the loss of two (2) on -street parking spaces; 2. 20 feet of red curb No Parking" on the west side of Palm Avenue, north of East 15th Street. This will result in the Toss of one (1) on -street parking space. 3. 10 feet of red curb "No Parking" on the west side of Palm Avenue, south of East 15th Street. This will result in no loss of on -street parking space. PASSED and ADOPTED this 17th day of April, 2018. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Angil P. Morris -Jones City Attorney 225 of 416 CC/CDC-HA Agenda 4/17/2018 — Page 226 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the installation of a blue curb disabled persons parking space with signage in front of the residence located at 110 E. 17th Street (TSC No. 2018-03). (Engineering/Public Works) 226 of 416 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 17, 2018 AGENDA ITEM NO. I ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of a blue curb disabled persons parking space with signage in front of the residence located at 110 E. 17th Street (TSC No. 2018-03). PREPARED BY Luca Zappiello, Junior Engineer — Civil PHONE: 619-336-4360 EXPLANATION: See attached. DEPARTMENT: Enr 'nprin�/Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: NIA ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: 1 Finance MIS STAFF RECOMMENDATION: Adopt a Resolution tor the installation of a blue curb disabled persons parking space with signage in front of the residence located at 110 E. 17th Street BOARD 1 COMMISSION RECOMMENDATION: At their meeting on March 14, 2018; the Traffic Safety Committee approved staffs recommendation to install a blue curb disabled persons parking space with sign in front of the residence located at 110 E. 17ah Street ATTACHMENTS: 1. Explanation veil Exhibit 2. Staff Report to the Traffic Safety Committee on March 14, 2018 (TSC No. 2018-03) 3. Resolution 227 of 416 EXPLANATION Mr. George Cofer, resident of 110 E. 17th Street, has requested a blue curb disabled persons parking space in front ot his residence. The resident possesses a valid disabled person placard from the California Department of Motor Vehicles. Mr. Cofer stated that it is difficult to find on -street parking since the demand for parking is high and a blue curb parking space would allow him and his wife to park in front of their house, providing easier access. Staff visited the site and confirmed that Mr. Cofer has a driveway located behind his house. Staff confirmed that the driveway has a manual gate approximately t2 feet wide. The slope of the driveway is approximately 2%, and it is large enough to accommodate a vehicle with a disabled driver or passenger. The City Council has adopted a policy which is used to evaluate requests for disabled persons parking spaces. The City Council Disabled Persons Parking Policy requirements for "Special Hardship" cases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates or placard for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front (or side if on a comer lot) of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off-street space available that may be converted into disabled parking. This condition is met (see explanation below). This item was presented to the Traffic Safety Committee (TSC) on March 14, 2018. Mr. George Cofer and his wife Ms. Teresa Cofer were in attendance and spoke in support of the blue curb disabled persons parking space, Staffs initial recommendation was to deny the request, since Mr. Cofer has a driveway that can accommodate a vehicle with disabled -�~ H !F-that �.1_ �_ is in a=--,-�- -- �-�__�-_��r.. �o�_�_-_.:-, .�_�. Cofer stated .�., �,.�� W:� �w:.. _�. financial hardship, he is not able tb install an electric gate to enter the house. Furthermore, Ms. Cofer stated that a blue curb disabled persons parking space would allow him to park in front of his house, providing an easier and safer access into the residence. Based on the testimony ot the applicants, staff has determined that it would be a financial hardship for the applicants to obtain permits and install an electric gate. Therefore, staffs fi'nal recommendation is support the applicant's request for recommendation to a the applicant's 14 �7 I V4�.�4A �..71 installation of a blue curb disabled persons parking space in front of their home. The Traffic Safety Committee voted unanimously to approve the installation of a blue curb disabled persons parking space with sign in front of the residence at 110 E. 17th Street. The applicant was informed that handicap parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates or placards may park in handicap spaces. If approved by City Council, all work will be performed by City Public Works. 228 of 416 Location Map with Recommended Enhancements (TSC Item: 2018-03) • ExlsRIng 141ee curb disabled persons pe1ddug space at 1731 B AV®nli® ?MINING ONLY Prvaa;z:x.cEd blocs curb disabled persons patiking space PARKING ONLY Driveway for 11 g E 17th Street 229 of 416 3 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR MARCH 14, 2018 j ITEM NO. 2018-03 ITEM TITLE: REQUEST FOR INSTALLATION OF A BLUE CURB DISABLED PERSONS PARKING SPACE WITH SIGNAGE IN FRONT OF THE RESIDENCE LOCATED AT 110 E. 17TH STREET PREPARED BY: Luca Zappiello, Junior Engineer— Civil Engineering & Public Works Department DISCUSSION: Mr. George Cofer, resident of 110 E. 17th Street, has requested a blue curb disabled persons parking space in front of his residence. The resident possesses a valid disabled person placard from the California Department of Motor Vehicles. Mr. Cofer stated that it is difficult to find on -street parking since the demand for parking is high and a blue curb parking space would allow him and his wife to park in front of their house, providing easier access. Staff visited the site and confirmed that Mr. Cofer has a driveway located behind his house. Staff confirmed that the driveway has a manual gate approximately 12 feet wide. The slope of the driveway is approximately 2%, and it is large enough to accommodate a vehicle with a disabled driver or passenger. The City Council has adopted a policy which is used to evaluate requests for disabled persons parking spaces. The City Council Disabled Persons Parking Policy requirements for 'Special Hardship" cases are as follows: 1. Applicant (or guardian) must be in possesEjor of valid license plates or placard for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front (or side if on a corner lot) of the applicant's (or guardian's) place of residence. This condition is met. The residence must not have useable off-street parking available or an off-street space available that may be converted into disabled parking. This condition is not met, since the applicant has a driveway that can accommodate a vehicle with a disabled driver or passenger. STAFF RECOMMENDATION: Since only two of the three conditions of the City Council Disabled Persons Parking Policy for "Special Hardship' cases are met, staff does not recommend installation of a blue curb disabled persons parking space with signage in front of the residence located at 110 E. 17'h Street. 230 of 416 EXHIBITS: 1, Pubic Request Form 2. Location Map 3. Photos 4. City Council Disabled Persons Parking Policy 2018-03 231 of 416 RECUT FOR BWE CURB DISABLED PERSONS PARKINS SPACE NAME OF DISABLED PERSON: GE ov f2 if NAME OF REPRESENTATIVE FOR DISABLED PERSON (If different from above): ADDRESS: EMAIL: -- . Ail0 11NOlit it JO Ail; PHONE NUMBgR: Please answer the following qua, which will assist Enginsertg staff, the Try gear Committee, and your City Cou dl In determkting If you are qualified to have a blue curb tabled persons parldng space placed in from of your residence. Meese be Informed that all blue curb pig spaces are considered public parking. Therefore, any registered vehicle in possession of a dbabled persons placard or license prate is legally snowed to parts ill the blue 'curb spade, for up to 72 continuous hours. 2) D0 you possess a valid dsabled paisuWs placard bawd by the California papa of Motor Vehicles (DI IV)? j, f.a fl to V please indude a copy of the placard, which oar inat�.lr name, address, placard number, and expiration date. 2) Does your residence have a garage? JIVES, is the garage large enough to perk a vehicle (minimum of 20'102) 3) Does yen ens have e b If YES, a) Is the driveway large enough to park a vehicle? (ntriknuns of2rxi2') b) Is the drhieway Jewel? cIs the driveway nclined? _4).. please write arty ant: here (anal}.. OYES E1YES OND i» o f s 1-T4 r 4zv 1 tmia/ TH '`R€s ;fie,,, ;s,,cccirtcrs> cut A. f g 11 C L& vv 1( A -ors a, i6..6'j OR IP& SS EX)e, 232 of 416 w TYPE: NI DOB: DEPARUI NT OF 111OT+Dft VEHICLES DISABLED PERSON PLACARD IDENTIFICATION CARDfRECElpr PLACARD NUMBER: EXPIRES: 06/3C/2019 DATE ISSUED: A Public Service Agency This Identification card or facsimile copy Is to be netted by the placard owner. Present It to any peace officer upon demand. immediately notify DMV by mail of any change of address. When parking, hang the placard from the rear view mirror, remove it from the mirror when driving. g When your placard lapmparly dlpplayed, you may pare in or on: * Disabled person parking spaces (blue zones) * Street metered zones without paying. * Green zones without re ; rictlons to time limits. "` Streets where preferential parking privileges are green to nts and merchants. You may not park In or on: White or To,4v Away Zeroes. CHULA VISTA CA 91911 Aced spaces next to disabled person It Is con8Iit red mIsuse rd unless the disabled owner Is being TV: 92 CO: 37 ISSUED TO COFER 8EORAE WILLIAM 68 PROVENCE CT Purchase of fuel (Budness & Professions Code 13660): ' State law requires service stations to refuel a disabled n in�xet sen/Ice vehicle at oyoe$hier. pIard which has been cancelled or revoked. colacard to anyone, Including family members. a misdemeanor (section 4461VC) and can u in cancellation or revocation of the placard, loss of parking privileges, and/or fines. axe War re Location Map with Recommended Enhancements (TSC Item: 2018-03) Existing him curls d�sabredl perms parking space at 1731 B Avemuw PARKING ONLY Paf p.psed blue curb disabled persons parking space Rt30 (CA) Driveway for 110 E 17th Street 110E 17th Street 234 of 416 Location of proposed blue curb disabled persons parking space in front of 110 E. 17th Street (looking south) Location of proposed blue curb disabled persons 235 of 416 in front of 110 E. 17th Street (looking southwest) Back entrance gate and driveway of residence of 110 E. 17h Street (looking north} 236 of 416 DISABLED PERSONS PARKING POLICY The purpose of a disabled persons parking zone is to provide designated parking spaces at major points of assembly for the exclusive use of physically disabled persons whose vehicle displays a distinguishing license plate as authorized by the California Department of Motor Vehicles. The City Council may upon recommendation of the City Engineer, designate specially marked and posted on -street parking spaces for disabled persons pursuant to California Vehicle Code 21101, et seq. at the following facilities: 1. Government buildings serving the public such as administration buildings, public employment offices, public libraries, police stations, etc. 2. Hospitals and convalescent homes with more than 75-bed capacity. 3. Medical facilities and doctors' offices staffed by a maximum of five practitioners. Zones shall be located to serve a maximum number of facilities on one block. 4. Community service facilities such as senior citizens service centers, etc. 5. Accredited vocational training and educational facilities where no off- street parking is provided for disabled persons. 6. Employment offices for major enterprises employing more. than 200 persons. 7. Public recreational facilities including municipal swimming pools, recreation halls, museums, etc. 8. Public theaters, auditoriums, meeting halls, arena., stadiums with more than 300 seating cwacity. 9. Other places of assembly such as schools and churches. 10. Commercial and/or office buildings) with an aggregate of more than 50,000 mare feet of usable floor space. Zone shall be located to serve a maximum number of facilities on one block. 11. Hotels catering to daily guests, maintaining a ground floor lobby and a switchboard that is operated 24 hours per day. 237 of 416 12. A hotel or apartment house catering to weekly or monthly guests and containing more than 30 separate living units. In addition, disabled persons parking spaces may be provided within all publicly owned, leased or controlled off-street parking facilities as specified in the General Requirements. General Requirements Each disabled persons parking space shall be indicated by blue paint and a sign (white on blue) showing the international symbol of accessibility (a profile view of a wheelchair with occupant). Where installed under the above criteria the total number of disabled persons curb parking spaces will be limited to 3% of the total number of on -street parking spaces available in the area and shall be distributed uniformly within the area. Disabled persons parking will not be installed at locations with a full-time parking prohibition. When a disabled persons parking zone is installed where a part-time parking prohibition is in effect, the disabled persons parking zone will have the same time restrictions as the part-time parking prohibition. The cost of installing disabled persons parking will be assumed by the City on public streets and public off-street parking facilities. Iti establishing on -street parking facilities for the disabled there shall be a reasonable determination made that the need is of an on -going nature. The intent is to prevent the proliferation of special parking stalls that may be installed for a short-term purpose but later are seldom used. Unjustified installation of such parking stalls unnecessarily increases the Ci#y's maintenance and operations costs, reduce available on_ street parking for the general public, and detract from the overall effectiveness of the disabled persons pares proms Special Hardship Cases It is not the intention of the City to provide personal reserved parking on the public right-jof-way, especially in residential areas. However, exceptions may be made, in special hardship cases, provided all of the following conditions exists: (1) Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans." (2) The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. 238 of 416 (3) Subject residence must not have useable off-street parking available or off-street space available that may be converted into disabled parking. NOTE:It must be emphasized that such parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates may park in the above stalls. Jha:p 239 of 416 RESOLUTION NO. 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF A BLUE CURB DISABLED PERSONS PARKING SPACE WITH SIGNAGE IN FRONT OF THE RESIDENCE LOCATED AT 110 EAST 17TH STREET WHEREAS, a resident of 110 East 17th Street possesses a valid Disabled Person Placard from the State of California Department of Motor Vehicles and has requested the installation of a blue curb disabled persons parking space in front of the residence to provide easier and safer access to the home because the demand for parking is high making it difficult to find on -street parking; and WHEREAS, after conducting an inspection and review, staff has determined that it would be a financial hardship for the applicants to obtain permits and install an electric gate to access the residence, therefor, staff supports the applicant's request for installation of a blue curb disabled persons parking space in front of the home; and WHEREAS, on March 14, 2018, the Traffic Safety Committee voted unanimously to approve the installation of a blue curb disabled persons parking space with signage in front of the residence at 110 East 17th Street. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the installation of a blue curb disabled persons parking space with signage in front of the residence at 110 East 17th Street. PASSED and ADOPTED this 17th day of April, 2018. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Ron Morrison, Mayor 240 of 416 CC/CDC-HA Agenda 4/17/2018 — Page 241 The following page(s) contain the backup material for Agenda Item: Investment transactions for the month ended February 28, 2018. (Finance) 241 of 416 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 17, 2018 AGENDA ITEM NO.: ITEM TITLE: Investment transactions for the month ended February 28, 2018. PREPARED BY: Ronald Gutlay PHONE: 619-336-4346 EXPLANATION: In accordance with California Government Code Section 53646 and City of National City's investment policy section MIA, 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 February 28, 2018. DEPARTMENT: Finance APPROVED BY: FINANCIAL STATEMENT: APPROVED: 1 FINANCE ACCOUNT NO. APPROVED: MIS NA ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION Q STAFF RECOMMENDATION: Accept and file the Investment Transaction Ledger for the month ended February 28, 2018. BOARD ! COMMISSION RECOMMENDATION: NA ATTACHMENTS: Investment Transaction Ledger 242 of 416 City of National City Consolidated Account#10218 AGLIUISITI(]NS Transaction Ledger 1131118 Thru 2/28/16 Purchase 92+01 /2018 60934N807 2,612.50 Federated Investors Gov't Oblig Fund loss. Purchase 0210212D18 60934N607 354.65 Federated Investors Govt Oblig Fund Inst. Purchase 02107,2016 609341007 5,409.38 Federated Investors Govt Oblig Fund Inst. Purchase 02J0812616 60934N807 590,006.60 Federated investors Govt Oblig Fund Inst. Purchase D2J98?2016 60934N807 2,581,25 Federated Investors Govt Obllg Fund Inst, Purchase 02f0612018 60934M807 251,541-07 Federated Inventors Govt Oblig Fund Inst. Purchase D2/09/2018 459200HM6 4130,000.0D IBM Corp Note 1.625 Due 5f15'2020 Purchase 02112/2018 36134KHH7 560,00.00 GE Capita) Treasury LLCDisoouniCP 911967 2.05% 494,833.33 6.D0 2% Due 6/17/2016 Purchase 02114/2018 60934N807 2,992.50 Federated investors Govt ()bag Fund Inst. 1.006 6.95 `1. 2,992.50 9-00 2,992.50 0.0D Purchase 02/15/2018 30934NB07 225.25 Federated Investors GovtOblig Fund Inst. 1.000 D.95 °h 225.25 0.00 225.25 0.0D Purchase 02115/2018 00934N807 863,00 Federated Investors Govt 0blig Fund Inst. 1.000 0-95 ?5 063.00 0.00 663.00 0,00 Purchase 02J1512D18 60934N807 656.33 Federated Investors GOvtOblig Fund Inst. 1.D00 0.95 % 656-33 0.00 658.33 0.09 Purchase D2/1712916 60934N807 2,750.00 Federated Investors Govt 0blig Fund Inst- 1.000 0.95 5/ 2,750.06 0.00 2,750.00 0.00 Purchase 02118/2018 609344807 3,358.75 Federated Investors Gout Oblig Fund Inst. 1.060 0.95 % 3,355,75 0.0D 3,368.75 0.00 Purchase D212012016 669301807 196.25 Federated Investors GOvi Dblig Fund Inst 1.000 0.95 96 196.25 0.06 19625 0.60 Purchase 62/2B/2018 6693414807 8,260,00 Federated Investors Govt 0blig Fund Inst. 1.600 1,60 % 6,250.00 0.00 6,250,00 0.00 Subtotal 1,771,903,53 1,759,232.86 1,519.67 1,760,749.53 0.60 1.000 1,000 1.000 1.000 1.000 1.000 98.149 D.95 % 0,95 , 6.95 J 0-95 5' 0.9555 0.95°q 2.47 % 2,812.5D 354-05 5,409.35 590,060.09 2,581.25 251,541.67 392,596.00 0-00 0.00 0.0D 0.0D 0.00 0.00 1,516.67 2,812.59 0.00 354.65 0.00 5,409.35 0.00 590,090.00 D.00 2,581,25 0.60 251,541-57 0.90 394,11267 0.00 494,833.33 0.00 Short Sale 0209J2018 60934N607-394,112,67 Federated Investors Govt Oblig Fund Inst, 1,000-394,112,67 0,00-394,1112,67 0.00 Subtotal •394,112.67-394,112.97 0.00 •394,112.67 0.00 TOTAL ACQUISITIONS 1,377,690.86 1,385.,120.19 1,516-87 1,388,636.86 0.00 DISPOSITIONS CJOSIng Purchase Sale 02/991291B 60934M807 Subtotal D270912018 66934N867 -394,112,67 Federated Investors Govt Obllg Fund Inst, 1,000 •394,112E7 0.00-394,112.67 0.00 394,112.67 -394,112.67 0.00-3114,112.57 0.0D 394,112.67 Federated Investors GOktOblig Fund Inst. 1-006 6.95 394,112.67 0.06 394,112.57 0.00 CbenJler Asset Menagernenl Page 7 Exeaulon Tlma: 3J2212016 5:54:56 AM 243 of 416 CM City of National City Consolidated Account #10218 Transaction Ledger 1f31f16 Thru 2/28/18 Tfdr.5aC111Yn lettlomult TY.Pi -gAl` Ac.q1Li lac C151P gem,n,11. OesC.hellon Prir=_ L'vM_ li•nl:il.^1 Irlte'a•,L Trot Airluuhr GaIRI` os� DISPOSITIONS Sale 02/12/2016 60934N807 Subtotal 494.633.33 Federated Investors Goat Oblig Fund Inst. 1.004 0.90 % 494,833.33 888,940.00 0.00 494,833.33 0.00 888,646.00 0.00 888,940.00 0.00 Cal 02/0812018 1108513AK1 250000.00 Charles Schwab Corp Castile Huse Clult 100.000 1.50 % 250,000.00 1,541.67 251.641.67-1,647.50 2/10/2018 1.5% Due 31162010 Subtotal 250,000.00 250,000.00 1,541.87 251,541.67 .1,547.50 Paydowi+ 02/1b/2018 411638A80 0.00 John Deere 0,,)ner trust 201 f-B A2A 100.006 0.00 22S.2S 225.25 0.00 1.5916 Due 4/15/2020 Paydown 02/15/2616 65478GA136 0.00 Nlaaan Auto Receivables Owner 2017-13 100.000 0.00 663,00 653.00 0.00 A2A 1.5816 029 5/15/2020 Paydown 02/15/2018 89237RAB4 0.60 Toyota Auto Receivable 2017-C A2A 100.000 0.00 658.33 658.33 0.00 1.58;6 Due 7/1 612020 Paydown 02/20/2016 43814PA®$ 6.00 Honda Auto Receivables Owner T 17-3 A2 100.000 0.00 196.23 196.25 0.00 1.57% Due 1 /21/2020 Subtotal 0.00 0.00 1,742.83 1,742.83 0.00 Malurily D2/08/2018 313500T08 590,000.06 FNMA Note 100.000 590,000.00 0.00 590,000.00 10,242.40 0.875% l)Je 2/8/2018 Subtotal 590,000.00 590,000.00 0.00 896,060.00 10,242,40 Security 02/C5/2018 609341807 2,149.62 Federated Investors GoatOblig Fend Fist- 1-000 2,149.82 0.013 2,149.62 0A0 Withdrawal Security 02./0712618 90LAF$00 750000.60 Local Agency Investment Fund State Pool 1.000 750,000.00 0.00 750,060.06 0AD Withdrawal Security 02/22/2018 90LAIF$00 1,500,006.00 Local Agency Investment Fund Stale Pool 1.000 1,500,000.00 0.00 1,500,000.00 0.00 Wlthd'awal Security 02/28/2018 9630CP$00 10,000.00 County afSao Diego Pooled Investment 1.000 16,000.00 0.00 10,000.0C 0.0C Withdrawal Poo Subtotal 2,262,149.62 2,262,149.62 0.00 2,282,149.62 0.00 TOTAL DISPOSITIONS 3,596,982,95 3,696,982.98 3,2$4.50 3,400,207AS 8,884.90 ChandlerAaaet Management Pape& Fxe s onThne:322120160:04:08AM 244 of 416 Ira Tyt City of National Clty Consolidated AA I Account#10218 Transaction Ledger 1/31i18 Thru 2/28/18 atllan Snnlernint ba0+• r, a sip Q dan1IIq Se-0.1. ). Desc erluvr Atuin.e.c. Phte 'ricl • /•g7nl:nt . lr+.�k•e�l T^i.jl AiN S�IIi!Lcan OTHER TI{i.KSACTlyµ6 Int:west interest Interest rntereat Interest Interest Interest inter s1 Interest Dividend 02/0112018 3137EA01C2 02107/2018 3136A8PK3 02/07/2018 40428HPV8 02/0812015 313580T28 02/14/2018 0848706L1 02/17/2018 3135G0N82 02/1812018 3130A7CV5 02/28/2018 912628J50 02/28/2018 912828L32 Subtotal 02/ 2/2618 6093414807 Subtotal 456,000.00 FHLMC Note 1.25% Due 8/1/2019 455.000.63 FHLB Nato 0.625% Due 517/2018 280,000.00 HSBC USA he Note 2.75% Due 0/7/2020 590,000.00 FNMA Nate 0.875% Due 2/672018 255,000,00 Berkshire Hathaway ►fits 2.1% Due 8/142619 440,000.00 FNMA Note 1.25% Due 8/17/2021 490,000.00 FHLB Nato 1,375r.o Due 2/18/2021 500,000.00 US Treasury Note 1.375;4 Dlae 2/29/2020 600,000.00 US Trea dry Note 1.375% Due C./31 /2020 4,200,000.00 57,208.98 Federated Invasions GovtObAg Fund Inst 57,281196 0.000 0.000 0.000 0.000 0.000 0.000 6.000 0.006 0.000 0.600 2,812,50 1,421.88 3,987.50 2,581.25 2,992,50 2,756.00 3,368.75 4,125.00 4,125.06 010 43A0 0.00 0.00 0.00 0.00 0.00 0.00 6.00 2,812,50 1,421.88 3,987.50 2,551.25 2,992.50 2,750.00 3,388.75 4,125.00 4,125.00 0.00 0.00 0.00 0.00 0.00 0.60 0.00 0.00 0.00 28,184.38 354.65 0.00 0.00 26,104.30 354.65 0.00 0.00 354.85 0.00 354.05 0.00 TOTAL OTHER TRANSACTIONS 4,257.296.98 28,519.03 0.00 28,61913 0.00 Chandler Asset Management Page B Execution Thee: 3122i2018 8:54:58 AM 245 of 416 CC/CDC-HA Agenda 4/17/2018 — Page 246 The following page(s) contain the backup material for Agenda Item: Warrant Register #36 for the period of 02/28/18 through 03/06/18 in the amount of $2,947,898.30. (Finance) 246 of 416 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 17, 2018 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #36 for the period of 02/28/18 through 03/06/18 in the amount of $2,947,898.30. (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 02/28/18 through 03/06/18. Consistent with Department of Finance, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation National School District 333317 246,677.34 Palm Plaza Proceeds Sweetwater High School District 333365 150,936.11 Palm Plaza Proceeds Turf Star 333372 68,728.17 Groundsmaster 4000-D T4 Mower/Parks City of San Diego 495204 1,230,416.00 Metro Sewerage System Pmt. FY 2018 City National Bank 495219 43,101.10 Lease Payment #32 Energy Project FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $2,947,898.30. APPROVED: LIV/77;titd/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 $2,947,898.30 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register #36 247nf41R CALIFORNIA+�__ 1/4 PAYEE REGIONAL TRAINING CENTER 24 HOUR ELEVATOR INC AARDVARK ACE UNIFORMS & ACCESSORIES INC ACEDO, I ADMINSURE INC ALDEMCO ALL FRESH PRODUCTS ALL STATE POLICE EQUIPMENT ALL THE KINGS FLAGS ALPHA PROJECT FOR THE HOMELESS ANDERSON, E AT&T AT&T BAVENCOFF JR, D BEARD, P BECK, L BEST BEST & KRIEGER ATTNY LAW BISHOP, R BOEGLER, G BROADWAY AUTO ELECTRIC BULL, P CALIFORNIA ELECTRIC SUPPLY CARRILLO, R CDWG CHRISTENSEN & SPATH LLP COLANTUONO HIGHSMITH COLE, L COLLINSON, C CONDON, D CORDERO, E CORPUZ, T COX COMMUNICATIONS CPCA DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DANESHFAR, Z DANIELS TIRE SERVICE DEPARTMENT OF JUSTICE DEPT OF JUSTICE DESROCHERS, P DI CERCHIO, A DIAZ, M DILLARD, S DIVISION 8 INCORPORATED D-MAX ENGINEERING DREDGE, J NATIONAL Cilry ?ATCORPQRAT8D . WARRANT REGISTER #36 3/6/2018 DESCRIPTION TRAINING TUITION SEARCH WARRANTS / PD CITY WIDE ELEVATOR MAINTENANCE / PW DBAL A3 & SUREFIRE / PD POLICE OFFICER UNIFORMS RETIREE HEALTH BENEFIT / MARCH 2018 WORKERS' COMPENSATION ADMINISTRATION FOOD / NUTRITION CENTER FOOD / NUTRITION CENTER SPIKE STRIP SYSTEMS / PD CITY WIDE FLAGS & ACCESSORIES / PW ALPHA HOMELESS OUTREACH PROG / JAN / NSD RETIREE HEALTH BENEFIT / MARCH 2018 AT&T SBC PHONE SERVICE JANUARY 2018 AT&T SBC PHONE SERVICE FEBRUARY 2018 TRAINING AVD LODGE 2018 TRAINING SYP/ PD RETIREE HEALTH BENEFIT / MARCH 2018 RETIREE HEALTH BENEFIT / MARCH 2018 LIABILITY CLAIM COST RETIREE HEALTH BENEFIT / MARCH 2018 RETIREE HEALTH BENEFIT / MARCH 2018 ELECTRICAL PARTS FOR CITY VEHICLES / PW RETIREE HEALTH BENEFIT / MARCH 2018 45698 ELECTRIC SUPPLIES PW RETIREE HEALTH BENEFIT / MARCH 2018 NETWORK STACKING MODULE / MIS ATTORNEY SERVICES NISTA DEL SOL/ HOUSING LIABILITY CLAIM COST RETIREE HEALTH BENEFIT / MARCH 2018 RETIREE HEALTH BENEFIT / MARCH 2018 RETIREE HEALTH BENEFIT / MARCH 2018 RETIREE HEALTH BENEFIT / MARCH 2018 RETIREE HEALTH BENEFIT / MARCH 2018 COX DATA SERVICES FOR MARCH 2018 TUITION 2018 TRAINING SYMPOSIUM / PD LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST RETIREE HEALTH BENEFIT / MARCH 2018 TIRES FOR CITY FLEET FOR FY 2018 NEW EMPLOYEE FINGERPRINT TEST RESULTS / HR FINGERPRINTING & DOJ RESULTS / PD RETIREE HEALTH BENEFIT / MARCH 2018 RETIREE HEALTH BENEFIT / MARCH 2018 RETIREE HEALTH BENEFIT / MARCH 2018 RETIREE HEALTH BENEFIT / MARCH 2018 WINDOW REPLACEMENT AND REPAIRS CITY T&A#90219 MAF RETIREE HEAL 248 of 416 RCH 2018 CHK NO DATE AMOUNT 333223 3/6/18 95.00 333224 3/6/18 1,134.90 333225 3/6/18 18,271.50 333226 3/6/18 678.67 333227 3/6/18 160.00 333228 3/6/18 7,169.16 333229 3/6/18 2,988.34 333230 3/6/18 822.73 333231 3/6/18 5,131.92 333232 3/6/18 313.07 333233 3/6/18 9,171.73 333234 3/6/18 110.00 333235 3/6/18 8,847.04 333236 3/6/18 327.66 333237 3/6/18 434.80 333238 3/6/18 70.00 333239 3/6/18 140.00 333240 3/6/18 265.50 333241 3/6/18 110.00 333242 3/6/18 260.00 333243 3/6/18 190.31 333244 3/6/18 580.00 333245 3/6/18 311.98 333246 3/6/18 290.00 333247 3/6/18 4,612.78 333250 3/6/18 10,125.00 333251 3/6/18 14.72 333252 3/6/18 165.00 333253 3/6/18 420.00 333254 3/6/18 280.00 333255 3/6/18 520.00 333256 3/6/18 140.00 333257 3/6/18 174.00 333258 3/6/18 800.00 333259 3/6/18 5,352.83 333260 3/6/18 5,224.26 333261 3/6/18 3,166.99 333262 3/6/18 2,025.70 333263 3/6/18 2,009.00 333264 3/6/18 250.00 333265 3/6/18 1,186.12 333266 3/6/18 128.00 333267 3/6/18 665.00 333268 3/6/18 110.00 333269 3/6/18 70.00 333270 3/6/18 680.00 333271 3/6/18 480.00 333272 3/6/18 5,985.00 333273 3/6/18 3,884.70 333274 3/6/18 250.00 2/4 CALIFORNIAF__ NisknoNAL law rNCO R P QR AT8D • WARRANT REGISTER #36 3/6/2018 PAYEE DESCRIPTION CHK NO DATE AMOUNT DSS CORPORATION DSS CALL RECORDER SUPPORT 4/10/18 333275 3/6/18 2,724.00 EISER III, G LEGAL /PROFESSIONAL SERVICES 333276 3/6/18 3,630.00 EPLUS TECHNOLOGY INC PROD VSPHERE 6 ENT PLUS 1 PROC 1 YR / MIS 333277 3/6/18 3,496.00 ERGOGENESIS LLC ERGONOMIC CHAIR, MODEL #R3607 G3 / HR 333278 3/6/18 3,186.68 EXPERIAN CREDIT CHECKS / SEC 8 333279 3/6/18 27.24 EXPRESS PIPE AND SUPPLY CO INC CITY WIDE PLUMBING PARTS & MATERIALS / PW 333280 3/6/18 43.02 FABINSKI, D RETIREE HEALTH BENEFIT / MARCH 2018 333281 3/6/18 220.00 FEDEX TESTING MATERIALS FOR POLICE RECRUIT / HR 333282 3/6/18 64.54 FERGUSON ENTERPRISES INC 45723 PLUMBING MATERIAL PW 333283 3/6/18 526.54 FERNANDEZ, R RETIREE HEALTH BENEFITS / MARCH 2018 333284 3/6/18 270.00 FIFIELD, K RETIREE HEALTH BENEFIT / MARCH 2018 333285 3/6/18 540.00 GELSKEY, K RETIREE HEALTH BENEFIT / MARCH 2018 333286 3/6/18 115.00 GIBBS JR, R RETIREE HEALTH BENEFIT / MARCH 2018 333287 3/6/18 120.00 GISH, J RETIREE HEALTH BENEFIT / MARCH 2018 333288 3/6/18 290.00 GONZALES, M RETIREE HEALTH BENEFIT / MARCH 2018 333289 3/6/18 480.00 HANSON, E RETIREE HEALTH BENEFIT / MARCH 2018 333290 3/6/18 135.00 HARLAN, M RETIREE HEALTH BENEFIT / MARCH 2018 333291 3/6/18 500.00 HAUG, S RETIREE HEALTH BENEFIT / MARCH 2018 333292 3/6/18 120.00 HERNANDEZ, R RETIREE HEALTH BENEFIT / MARCH 2018 333293 3/6/18 400.00 HINDERLITER DE LLAMAS AUDIT SERVICES TRANSACTIONS TAX QTR 3 20 333294 3/6/18 945.93 HODGES, B RETIREE HEALTH BENEFIT / MARCH 2018 333295 3/6/18 200.00 HONDO, E RETIREE HEALTH BENEFIT / MARCH 2018 333296 3/6/18 110.00 IBARRA, J RETIREE HEALTH BENEFIT / MARCH 2018 333297 3/6/18 780.00 IDEMIA IDENTITY & SECURITY USA NEW EMPLOYEE FINGERPRINT TEST SUBMISSION 333298 3/6/18 8.00 JAMES, R RETIREE HEALTH BENEFIT / MARCH 2018 333299 3/6/18 140.00 JUNIEL, R RETIREE HEALTH BENEFIT / MARCH 2018 333300 3/6/18 50.00 KIMBLE, R RETIREE HEALTH BENEFIT / MARCH 2018 333301 3/6/18 300.00 LAFRENIERE, D EDUCATION REIMBURSEMENT 333302 3/6/18 362.00 LANDA, A RETIREE HEALTH BENEFIT / MARCH 2018 333303 3/6/18 155.00 LASER SAVER INC MOP # 45725 - S8 OFFICE SUPPLIES 333304 3/6/18 785.77 LIEBERT CASSIDY WHITMORE REVIEW CITY POLICIES / HR 333305 3/6/18 3,914.00 LIMFUECO, M RETIREE HEALTH BENEFIT / MARCH 2018 333306 3/6/18 160.00 LUTH AND TURLEY INC. LIABILITY CLAIM COST 333307 3/6/18 480.71 LUTH AND TURLEY INC. LIABILITY CLAIM COST 333308 3/6/18 480.71 MABPA MABPA MEMBERSHIP DUES / CM RIOS 333309 3/6/18 250.00 MASON'S SAW 45729 LANDSCAPE SUPPLIES PW 333310 3/6/18 769.38 MATIENZO, M RETIREE HEALTH BENEFIT / MARCH 2018 333311 3/6/18 100.00 MC CABE, T RETIREE HEALTH BENEFIT / MARCH 2018 333312 3/6/18 280.00 MCDANIEL, P RETIREE HEALTH BENEFIT / MARCH 2018 333313 3/6/18 290.00 MEDINA, R RETIREE HEALTH BENEFIT / MARCH 2018 333314 3/6/18 105.00 MINER, D RETIREE HEALTH BENEFIT / MARCH 2018 333315 3/6/18 580.00 NATIONAL CITY CHAMBER NCCC MEMBERSHIP DUES / CM SOTELO-SOLIS 333316 3/6/18 100.00 NATIONAL SCHOOL DISTRICT PALM PLAZA SALE PROCEEDS 333317 3/6/18 246,677.34 NATIONAL SCHOOL DISTRICT MCKINLEY AVE PARCELS SALE PROCEEDS 333318 3/6/18 38,588.09 NEOGOV NEOGOV ANNUAL LICENSING / MIS 333319 3/6/18 9,870.00 NOTEWARE, D RETIREE HEALTH BENEFIT / MARCH 2018 333320 3/6/18 120.00 OLIVARES, G RETIREE HEALTH BENEFIT / MARCH 2018 333321 3/6/18 280.00 PADRE JANITORIAL SUPPLIES JANITORIAL SUPPLIES / NUTRITION 333322 3/6/18 155.64 PARTS AUTHORITY METRO LLC 75943 AUTO SU 333323 3/6/18 111.61 249 of 416 PAUU JR, P RETIREE HEAL- NCH 2018 333324 3/6/18 340.00 3/4 PAYEE PEASE JR, D PETERS, S POST, R PRO BUILD PRO -EDGE KNIFE PRUDENTIAL OVERALL SUPPLY RAMIREZ, 0 RAY, S RIVERSIDE SHERIFF'S DEPT ROARK, L ROBERSON, R RUIZ, J S D COUNTY OFFICE OF EDUCATION S D COUNTY OFFICE OF EDUCATION S D COUNTY SHERIFF'S DEPT S D COUNTY WATER AUTHORITY S D COUNTY WATER AUTHORITY SAN DIEGO GAS & ELECTRIC SAN DIEGO PET SUPPLY SANCHEZ, L SDG&E SEAPORT MEAT COMPANY SEECLICKFIX INC SERVATIUS, J SHORT, C SITEONE LANDSCAPE SUPPLY LLC SMART & FINAL SMART SOURCE OF CALIFORNIA LLC SMITH, J SOUTHERN CALIF TRUCK STOP SOUTHWESTERN COLLEGE SOUTHWESTERN COLLEGE SOUTHWESTERN COMMUNITY COLLEGE SPARKLETTS STAPLES BUSINESS ADVANTAGE STAPLES BUSINESS ADVANTAGE STEWART, W STRASEN, W SUPERIOR READY MIX SWEETWATER AUTHORITY SWEETWATER HIGH SCHOOL DISTRICT SWEETWATER HIGH SCHOOL DISTRICT SYSCO SAN DIEGO INC TAYLOR, J THE COUNSELING TEAM THE PUN GROUP LLP TIPTON, B TURF STAR U S BANK ULINE CALIFORNIA<__ -M'I.O1!11-.. L toV. n aaa ATCORPQRjAT8D WARRANT REGISTER #36 3/6/2018 DESCRIPTION RETIREE HEALTH BENEFIT / MARCH 2018 RETIREE HEALTH BENEFIT / MARCH 2018 RETIREE HEALTH BENEFIT / MARCH 2018 45707 BUILDING SUPPLIES PW KNIFE SHARPING SERVICE / NUTRITION 45742 LAUNDRY SERVICES / PW TUIT REIMB: COMMUNITY RELATIONS / PD RETIREE HEALTH BENEFIT / MARCH 2018 TRAINING TUITION DISPATCHER UPDATE / PD RETIREE HEALTH BENEFIT / MARCH 2018 MILEAGE REIMBURSEMENT / ENG RETIREE HEALTH BENEFIT / MARCH 2018 PALM PLAZA SALE PROCEEDS MCKINLEY AVE PARCELS SALE PROCEEDS RANGE FEE / PD PALM PLAZA SALE PROCEEDS MCKINLEY AVE PARCELS SALE PROCEEDS GAS & ELECTRIC UTILITIES / NUTRITION MOP / PD / K9 CARE RETIREE HEALTH BENEFIT / MARCH 2018 FACILITIES DIVISION GAS & ELECTRIC UTILITIES FOOD / NUTRITION CENTER PLUS ANNUAL LICENSE / MIS RETIREE HEALTH BENEFIT / MARCH 2018 RETIREE HEALTH BENEFIT / MARCH 2018 45720 LANDSCAPE SUPPLIES PW MOP / PD / CHILDREN'S CALENDAR AWARDS MOP / PD FIELD P&E CONTROL FORMS RETIREE HEALTH BENEFIT / MARCH 2018 45758 DIESEL SUPPLIES PW PALM PLAZA SALE PROCEEDS MCKINLEY AVE PARCELS SALE PROCEEDS POLICE OFFICER TRY OUT DATES / PD WATER SERVICES / DEC 2017 MOP #45704 OFFICE SUPPLIES / CITY ATTORNEY MOP #45704 OFFICE SUPPLIES / CITY ATTORNEY RETIREE HEALTH BENEFIT / MARCH 2018 RETIREE HEALTH BENEFIT / MARCH 2018 COLD MIX ASPHALTS / PW FACILITIES DIVISION WATER UTILITIES PALM PLAZA SALE PROCEEDS MCKINLEY AVE PARCELS SALE PROCEEDS FOOD / NUTRITION CENTER REIMB: ASSISTING AGENCY / PD JANUARY EMPLOYEE SUPPORT SERVICES INDEPENDENT AUDITING SERVICES / FINANCE RETIREE HEALTH BENEFIT / MARCH 2018 GROUNDMASTER 4000-D T4 MOWER / PARKS MOP / PD DRON WFRAMES/ HR PROPERTY & E` 250 Of 416 ES / PD CHK NO DATE AMOUNT 333325 3/6/18 140.00 333326 3/6/18 290.00 333327 3/6/18 280.00 333328 3/6/18 1,318.75 333329 3/6/18 46.00 333330 3/6/18 264.61 333331 3/6/18 274.55 333332 3/6/18 190.00 333333 3/6/18 114.00 333334 3/6/18 135.00 333335 3/6/18 157.18 333336 3/6/18 310.00 333337 3/6/18 18,110.47 333338 3/6/18 2,833.05 333339 3/6/18 400.00 333340 3/6/18 3,375.30 333341 3/6/18 528.00 333342 3/6/18 1,286.31 333343 3/6/18 584.41 333344 3/6/18 330.00 333345 3/6/18 61.15 333346 3/6/18 546.82 333347 3/6/18 15,132.00 333348 3/6/18 340.00 333349 3/6/18 300.00 333350 3/6/18 132.50 333351 3/6/18 218.59 333352 3/6/18 522.45 333353 3/6/18 320.00 333354 3/6/18 17.25 333355 3/6/18 40,670.92 333356 3/6/18 6,362.21 333357 3/6/18 342.00 333358 3/6/18 24.00 333359 3/6/18 970.14 333360 3/6/18 10.88 333361 3/6/18 200.00 333362 3/6/18 135.00 333363 3/6/18 112.06 333364 3/6/18 7,815.70 333365 3/6/18 150,936.11 333366 3/6/18 23,611.15 333367 3/6/18 3,640.55 333368 3/6/18 65.21 333369 3/6/18 800.00 333370 3/6/18 8,035.00 333371 3/6/18 250.00 333372 3/6/18 68,728.17 333373 3/6/18 677.30 333374 3/6/18 3,786.47 4/4 PAYEE UNDERGROUND SERVICE ALERT VALLEY INDUSTRIAL SPECIALTIES VERRY, L VILLAGOMEZ, J VORTEX INDUSTRIES INC WEST PAYMENT CENTER WETMORES WHITE, J WILLY'S ELECTRONIC SUPPLY WILSON, R WIRED PAYMENTS CITY OF SAN DIEGO CITY NATIONAL BANK SECTION 8 HAPS CALIFORNIA NATIoNAL ''_ 1' j ?AICORPQRAT8D WARRANT REGISTER #36 3/6/2018 DESCRIPTION UNDERGROUND SERVICE ALERT SERVICES / PW 46453 PLUMBING SUPPLIES PW RETIREE HEALTH BENEFIT / MARCH 2018 RETIREE HEALTH BENEFIT / MARCH 2018 CITY WIDE ON SITE SERVICE & REPAIRS / PW WEST INVESTIGATIVE SERVICE 80333 AUTO SUPPLIES PW RETIREE HEALTH BENEFIT / MARCH 2018 MOP / PD / MISC MIS CABLES EDUCATION REIMBURSEMENT CHK NO DATE AMOUNT 333375 3/6/18 257.50 333376 3/6/18 124.29 333377 3/6/18 280.00 333378 3/6/18 480.00 333379 3/6/18 340.00 333380 3/6/18 585.00 333381 3/6/18 819.70 333382 3/6/18 230.00 333383 3/6/18 187.20 333384 3/6/18 362.00 A/P Total 800,367.56 METRO SEWERAGE SYSTEM PMT FY18 3RD QTR 495204 2/28/18 1,230,416.00 LEASE PAYMENT #32 ENERGY PROJECT 495219 2/28/18 43,101.10 Start Date 2/28/2018 End Date 3/6/2018 874,013.64 GRAND TOTAL $2,947,898.30 251 of 416 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. 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 17TH OF APRIL 2018. AYES NAYS ABSENT 252 of 416 CC/CDC-HA Agenda 4/17/2018 — Page 253 The following page(s) contain the backup material for Agenda Item: Warrant Register #37 for the period of 03/07/18 through 03/13/18 in the amount of $1,787,481.46. (Finance) 253 of 416 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 17, 2018 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #37 for the period of 03/07/18 through 03/13/18 in the amount of $1,787,481.46. (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 03/07/18 through 03/13/18. Consistent with Department of Finance, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Dick Miller Inc 333412 191,180.98 Citywide Alley Improv. Project Esgil Corporation 333415 105,087.33 Plan Checks / Building Project Professionals Corp 333446 110,124.63 Westside Mobility Impov. FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $1,787,481.46. APPROVED: V144 tea 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 $1,787,481.46 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register #37 �S4nf41R CALIFORNIAF__ 1/2 PAYEE 4 IMPRINT INC ABLE PATROL & GUARD ACME SAFETY & SUPPLY CORP AETNA BEHAVIORAL HEALTH ALPHA PROJECT FOR THE HOMELESS ALTA LANGUAGE SERVICES INC AMAZON AMERICAN LIBRARY ASSOC ANDREWS, J ATKINS NORTH AMERICA INC BAKER & TAYLOR BROADWAY AUTO GLASS CALIFORNIA ASSOCIATION OF CODE CALIFORNIA ELECTRIC SUPPLY CAPPO INC CASAS, LAURA CHEN RYAN ASSOCIATES INC CIRCULATE SAN DIEGO CLEMENTE, E CLF WAREHOUSE INC COMMERCIAL AQUATIC SERVICE INC COUNTY OF SAN DIEGO COX COMMUNICATIONS CSA SAN DIEGO COUNTY CURVATURE LLC CYNTHIA TITGEN CONSULTING INC DARTDRONES LLC DICK MILLER INC D-MAX ENGINEERING DPREP INC ESGIL CORPORATION FLORES, A GAMWELL, M GARCIA, A GOODYEAR TIRE & RUBBER COMPANY GRANICUS INC GRAPHIC LAB INC HAMMERHEAD HARRIS & ASSOCIATES INC HARRIS & ASSOCIATES INC HDL COREN & CONE HERNANDEZ, A HERNANDEZ, P IRON MOUNTAIN KALANKIEWICZ, C KELLETT, D KEYSER MARSTON ASSOCIATES INC LEHR AUTO ELECTRIC LOPEZ, TERESA YOLANDA MACIAS, J -M'IO-..'`5L law rNCO R P QR AT8D • WARRANT REGISTER #37 3/13/2018 DESCRIPTION METAL RETRACTABLE BADGE HOLDER -SLIP - HR SECURITY GUARD SERVICE FOR FY2018 - LIBRARY INDIVIDUAL 1/2" CLIP / PW EMPLOYEE ASSISTANCE PROGRAM - MARCH ALPHA HOMELESS OUTREACH/ DECEMBER / NSD EMPLOYEE BILINGUAL TESTING BOOKS AS NEEDED FOR FY2018 - LIBRARY MEMBERSHIP RENEWAL / LIBRARY TRAINING REIMBURSEMENT MARIJUANA DUI / PD ALLEY DESIGN SERVICES BOOKS / LIBRARY ADHESIVE NAGS / PW CACEO MEMBERSHIP / WATSON / NSD PLUMBING SUPPLIES PW 2018 CAPPO MEMBERSHIP / LUNT TRANSLATION SVCS. - 02-20-18 - COUNCIL MEETING SANDAG GRANTS ACTIVE TRANSPORTATION / PLANNING REIMB-NEIGHBORHOOD COUNCIL BREAKFAST 80331 AUTO SUPPLIES PW CHEMICAL SUPPLIES PURCHASES FOR POOL NEXTGEN REGIONAL COMMUNICATIONS SYSTEM COX DATA SERVICES FOR MARCH EXPENDITURE REIMBURSEMENT/HOUSING STANDARD AIRFLOW PORTS WITH ENH SCALE / MIS RISK MANAGEMENT SERVICES TRAINING TUITION DARTDRONE / PD CITYWIDE ALLEY IMPROV. PROJECT STORM WATER SERVICES TRAINING TUITION HOST. NEG. / HERNANDEZ / PD PLAN CHECKS / BUILDING REIMB ADV FIELD EVIDENCE TRAINING/FLORES EXPENDITURE REIMB / HOUSING TRAINING REIMB CHIA/ GARCIA TIRES FOR CITY FLEET FY 2018 GRANICUS ENCODING SOFTWARE / PD NEIGHBORHOOD BREAKFAST MATERIALS/ CSD 2 KENNELS FOR CANINES / PD PARADISE VALLEY CREEK MISC. SEWER ENG. SUPPORT CONTRACT SVCS PROPERTY TAX JAN-MAR 2018 TRAINING ADV LODGE SUB CPCA TRAINING / PD TRAINING ADV LODGE HOS NEG / PD RECORDS MANAGEMENT & DOCUMENT STORAGE TRAINING REIMB ICI GANG FOUND / PD TRAINING ADV LODGE TRAFFIC COLL INV / PD LEGAL: PROFESSIONAL SERVICES/ HOUSING GRAPHIC PACKAGES PATROL DOOR / PW TRANSLATION ; COUNCIL MEETING TRAINING ADV 255 Of 416 : SUICIDE / PD CHK NO DATE AMOUNT 333385 3/13/18 363.88 333386 3/13/18 2,945.20 333387 3/13/18 499.17 333388 3/13/18 809.08 333389 3/13/18 8,127.36 333390 3/13/18 60.00 333391 3/13/18 361.71 333392 3/13/18 140.00 333393 3/13/18 200.08 333394 3/13/18 1,615.00 333395 3/13/18 1,541.97 333396 3/13/18 195.90 333397 3/13/18 457.00 333398 3/13/18 8,530.10 333399 3/13/18 130.00 333400 3/13/18 175.00 333401 3/13/18 6,477.50 333402 3/13/18 2,248.41 333403 3/13/18 50.13 333404 3/13/18 421.08 333405 3/13/18 694.37 333406 3/13/18 9,234.00 333407 3/13/18 403.79 333408 3/13/18 2,499.78 333409 3/13/18 16,993.28 333410 3/13/18 1,575.00 333411 3/13/18 1,160.00 333412 3/13/18 191,180.98 333413 3/13/18 19,690.65 333414 3/13/18 647.00 333415 3/13/18 105,087.33 333416 3/13/18 162.21 333417 3/13/18 324.16 333418 3/13/18 127.93 333419 3/13/18 1,171.27 333420 3/13/18 4,882.05 333421 3/13/18 422.38 333422 3/13/18 2,900.00 333423 3/13/18 4,427.50 333424 3/13/18 1,082.90 333425 3/13/18 2,814.24 333426 3/13/18 1,087.00 333427 3/13/18 706.72 333428 3/13/18 184.50 333429 3/13/18 266.95 333430 3/13/18 703.44 333431 3/13/18 4,907.17 333432 3/13/18 1,077.75 333433 3/13/18 160.00 333434 3/13/18 107.54 CALIFO RNIA F__ 2/2 PAYEE MACIAS, M MACIAS, M MES CALIFORNIA MIDWEST TAPE NATIONAL NOTARY ASSOCIATION NERI LANDSCAPE ARCHITECTURE NV5 INC ORKIN PACIFIC TELEMANAGEMENT SERVICE PORTILLO CONCRETE INC PRO BUILD PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY RANDALL LAMB ASSOCIATES INC RELY ENVIRONMENTAL RIVERSIDE SHERIFF'S DEPT SAFEWAY SIGN COMPANY SAN DIEGO COUNTY ASSESSOR SAN DIEGO HOUSING FEDERATION SAN DIEGO UNION TRIBUNE SCLLN SCST INC SDG&E SIRSIDYNIX 774271 SITEONE LANDSCAPE SUPPLY LLC SMART & FINAL SOSA, P SPRINGER STAPLES BUSINESS ADVANTAGE SUPERIOR READY MIX SWEETWATER AUTHORITY TSC GROUP INC UNITED ROTARY BRUSH CORP VALLEY INDUSTRIAL SPECIALTIES VERIZON WIRELESS VISION INTERNET PROVIDERS VISTA PAINT VULCAN MATERIALS COMPANY WALTERS, W Z A P MANUFACTURING INC SECTION 8 HAPS PAYROLL Pay period Start Date 6 2/27/2018 NATIONAL Cf'_l' law 1141CORPQRAT813 • WARRANT REGISTER #37 3/13/2018 DESCRIPTION TRAINING ADV LODGE ICAC / PD TRAINING REIMB CHIA / PD FIRE HOSE / FIRE AUDIO VISUAL MATERIALS FOR FY2018 - LIBRARY NOTARY MEMBERSHIP / HOUSING W. 21ST & HARDING SIDEWALK PARADISE CREEK PARK PEST AND RODENT CONTROL SERVICES FOR FY PACIFIC TELECOMMUNICATIONS SERVICES - MA SEWER LINE REPLC. UPSIZING 45707 GENERAL SUPPLIES PW WESTSIDE MOBILITY IMPOV. MOP# 45742. LAUNDRY SVC / NSD EMC COMMISSIONING HAZARDOUS WASTE PICKUP / ENG TRAINING TUITION TIDE OF SUICIDE / PD SIGN BLANKS / PW COUNTY RECORDS / NSD FAIR HOUSING CONFERENCE/ HOUSING LEGAL NOTICES ADVERTISING 2018 MEMBERSHIP DUES FOR SCLLN - LIBRARY PEDEST. MIDBLOCK CROSSING PROJECT FACILITIES DIVISION GAS & ELECTRIC UTILITIES HORIZON CLOUD MAINTENANCE / LIBRARY 69277 LANDSCAPE SUPPLIES PW MOP# 45756 LITERACY SUPPLIES - LITERACY COURSE MILES REIMBURSEMENT/NSD TRAINING ADV LODG SUB CRITICAL INCIDENT / PD MOP 45704 - OFFICE SUPPLIES - LIBRARY DECOMPOSED GRANITE / PW FACILITIES DIVISION WATER UTILITIES LEASE, STATION @33 / FIRE STREET SWEEPER REPAIRS / PW 46453 PLUMBING SUPPLIES PW VERIZON CELLULAR SERVICE / FEBRUARY 2018 VISION LIVE ANNUAL SUBSCRIPTION MOP# 68834. PAINT SUPPLIES / NSD #16020, 3/4 INCH CL 2 BASE / PW REIMBURSEMENT FIELD TRAINING PR / PD TRAFFIC SIGNS PW Start Date 3/7/2018 End Date 3/12/2018 End Date 3/13/2018 Check Date 3/21/2018 CHK NO DATE AMOUNT 333435 3/13/18 701.18 333436 3/13/18 136.74 333437 3/13/18 6,138.91 333438 3/13/18 1,331.23 333439 3/13/18 199.00 333440 3/13/18 2,225.00 333441 3/13/18 39,618.99 333442 3/13/18 882.00 333443 3/13/18 85.80 333444 3/13/18 49,276.51 333445 3/13/18 1,342.27 333446 3/13/18 110,124.63 333447 3/13/18 817.72 333448 3/13/18 12,691.25 333449 3/13/18 5,602.43 333450 3/13/18 36.00 333451 3/13/18 481.87 333452 3/13/18 4.00 333453 3/13/18 40.00 333454 3/13/18 2,265.76 333455 3/13/18 150.00 333456 3/13/18 8,893.25 333457 3/13/18 24,670.39 333458 3/13/18 20,030.82 333459 3/13/18 566.69 333460 3/13/18 111.41 333461 3/13/18 46.21 333462 3/13/18 403.92 333463 3/13/18 459.82 333464 3/13/18 252.72 333465 3/13/18 19,496.40 333466 3/13/18 2,302.78 333467 3/13/18 265.43 333468 3/13/18 268.27 333469 3/13/18 10,698.72 333470 3/13/18 15,435.00 333471 3/13/18 866.57 333472 3/13/18 425.81 333473 3/13/18 58.60 333474 3/13/18 490.65 A/P Total 751,925.21 8,171.93 1,027,384.32 256 of 416 GRAND TOTAL $1,787,481.46 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 17TH OF APRIL 2018. AYES NAYS ABSENT 257of416 CC/CDC-HA Agenda 4/17/2018 — Page 258 The following page(s) contain the backup material for Agenda Item: Public Hearing and Adoption 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) 258 of 416 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 17, 2018 AGENDA ITEM NO. ITEM TITLE: Public Hearing and Adoption 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. PREPARED BY: Nicole Pedone, Sr. Asst. City Attorney DEPARTMENT: City Att rney PHONE: 336-4221 APPROVED BY: EXPLANATION: Please see attached staff report. FINANCIAL STATEMENT: ACCOUNT NO. NIAI 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: FINAL ADOPTION: X STAFF RECOMMENDATION: Adopt 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: NII ATTACHMENTS: Staff Report Proposed Ordinance 1259 of 416 l nto- NICIFONArtITYNrI: --4 0RATED City Council Staff Report April 3, 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 Adopt 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 Court's 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 April 3, 2018 l Ordinance Ameding Chapter 10.43 Alcohol & Illegal Drug Offenses by Minors and Juveniles 260 of 416 "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 "wens 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 April 3, 2018 Ordinance Ameding Chapter 10.43 Alcohol & IlIegal Drug Offenses by Minors and Juveniles 261 of 416 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. S. 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 Adopt 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 April 3, 2018 Ordinance Ameding Chapter 10.43 Alcohol & Illegal Drug Offenses by Minors and Juveniles 262 of 416 ORDINANCE NO. 2018 — 2447 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 263of416 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 - 2447 Page 2 of 5 Social Host Ordinance April 17, 2018 Amending NCMC Chapter 10.43 264 of 416 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 — 2447 Page 3 of 5 Social Host Ordinance April 17, 2018 Amending NCMC Chapter 10.43 265 of 416 (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 - 2447 Page 4 of 5 Social Host Ordinance April 17, 2018 Amending NCMC Chapter 10.43 266 of 416 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 17th day of April, 2018. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Ordinance No. 2018 — 2447 Page 5 of 5 Social Host Ordinance April 17, 2018 Amending NCMC Chapter 10.43 267 of 416 CC/CDC-HA Agenda 4/17/2018 — Page 268 The following page(s) contain the backup material for Agenda Item: Public Hearing to consider whether to adopt a Resolution of the City Council of the City of National City approving or denying a Conditional Use Permit and Coastal Development Permit for a gas station and convenience store with beer and wine sales to be 1 268 of 416 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 17, 2018 AGENDA ITEM NO. ITEM TITLE: Public Hearing and Resolution of the City Council of the City of National City approving or denying 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)1 PREPARED BY: Martin Reeder, AICP1 ji4c DEPARTMENT: Pla PHONE: 1336-4313 APPROVED BY: EXPLANATION: tThe project applicant has applied for a Conditional Use Permit (CUP) and Coastal Development Permit (CDP) to construct a gas station and convenience store. 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. City Council considered a Notice of Decision of the Planning Commission's approval of the CUP at their meeting of March 20, 2018, and after hearing public comment, voted to set the item for public hearing. The attached Planning Commission staff report describes the proposal in detail.! FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Categorical Exemption — Class 32, Section 15332 (In -Fill Development Projects) ORDINANCE: INTRODUCTION: FINAL ADOPTION: 1 Finance MIS STAFF RECOMMENDATION: [Staff recommends approval of the Conditional Use Permit and Coastal Development Permit] BOARD 1 COMMISSION RECOMMENDATION: (The Planning Commission recommended approval of the Conditional Use Permit and Coastal Development Permit. Ayes: DelaPaz; Flores, Garcia, Sendt, Quintero, Yamane Absent: Baca l ATTACHMENTS: 11. Overhead 2. Background Report 3. Recommended Findings & Conditions 4. Reduced Plans 5. Community Meeting info and Public Comment 6. Police Dept. comments and maps 7. CEQA Notice of Exemption 8. Planning Commission Resolution 2018-03 (a) 9. Public Hearing Notice 10. Resolutions [269 of 416 2017-03 CUP, CDP — 724 Civic Center Drive — Overhead Attachment 1 270 of 416 BACKGROUND REPORT Staff Recommendation Staff recommends approval of the Conditional Use Permit (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. 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 thecommunity 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 (IM) 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 Coastal Plan have not been completed. Therefore, the City's previous zoning would generally apply. In this case the zone would have been MIDI -CZ (Medium Manufacturing — Coastal Zone) — essentially the same zone. Attachment 2 271 of 416 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.nn. 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 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 Plan). 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 a!I 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 caving along the roofline. Colors shown on plans are generally light 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. !n addition, the lot is separated from all other properties by the surrounding roadways, 272 of 416 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 24th 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, less 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). 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. 273of416 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 wi{I 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 ioss 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 considered categorically exempt from CEQA under Class 32, Section 15332 (In -Fill Development Projects). Beer and wine sales Section i 8.30.050 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 sale of alcohol (Shell at 8th & Palm) had alcohol sales hours of 8:00 a.m. to midnight. Staff recommends alcohol sales that are more ccE ks{srenr with recent approvals. A 274 of 416 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 Meeting — 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 permits 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: 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. 275 of 416 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 (!PS) As of the writing of this report, no comments have been received from IPS. However, based en 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 1Policy 707 and is included as a condition of approval. Findings forApproval 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. 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 the quantity and quality of 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 TIA 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. 276 of 416 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 and necessity for the alcohol sales: 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. 277of416 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. 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. Planning Commission hearings 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. 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 WC, and is consistent with the Genera! 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 avaiiabie. 278 of 416 OPTIONS 1. Approve 2017-03 CUP, CDP subject to the conditions listed below, based on attached findings or findings to be determined by the City Council; or, 2. Deny 2017-03 CUP, CDP based on attached findings or findings to be determined by the City Council; or, 3, Continue the item for further information 279 of 416 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 the quantity 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 qualifies for a categorical exemption from CEQA under Class 32, Section 15332 (In -Fill Development Projects). Attachment 3 280 of 416 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. 281 of 416 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. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, case file no. 2017-03 CUP, CDP, dated 2/28/2017. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 3. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in the Land Use Code. 4. Before this 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 282 of 416 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 283of416 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 fist 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 6-inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 15. Separate street and sewer plans, prepared by a Registered Civil Engineer, shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. 16. A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also ❑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 II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. 17. The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced. 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. 284of416 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. 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 hydrant is located on a 285 of 416 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. The vapor recovery unit (Healy Tank) shall comply with Chapter 23 section 2308.7.9.1 — 2306.7.9.2.4 of the California Fire Code. Additionally, lot limes 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. 36.AII 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.AIt parking spaces must meet minimum dimensions as stated in the Land Use Code. Standard parking spaces shall be a minimum dimension of nine wide by 18 feet deep. 286 of 416 Up to 25% of required parking spaces may be compact in size (eight feet by 16 feet). Parking spaces currently shown in the future bikeway area required by Condition Number 39 shall be relocated accordingly. 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 off -site consumption shall be limited to 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. 287of416 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.A.II 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 buliahig wails 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." 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 288 of 416 City business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 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. 289 of 416 SEr TRASH ENCLOSURE CIVIC CENTER DRIVE ARCHITECTURAL SITE PLAN 290 of 416 ATTACHMENT 4 QUIP K117.03 °I PROJECT DATA ig1tlI MPN14R "MN St MAIE*Uluooe .Lllr(011ta.rnxiiINOWa 11NIrY011.1. . xxrG1rm1111x61I10f xri xra.l� fi OOtl11w1Cf MIR r•1:0BIBMr rO CdRIRIourrePE MSJMxw �11R7(!0lIBIA% a1. SEMIGNIt �GII&70ACk ea PROJECT SCOPE TENREMPUMIVEDINETIUMIXOR ROPNx1al0ynaldr11tltlieis .inlIlx.grl rawrcrLmEr PROJECT TEAM mann WariWREN r�«r. *INt#xxxr ,mRECIA nr. ftl1x1111S mrlx VICINITY MAP It.T.S. , .' TOPOGRAPHIC MAP 724 CIVIC CENTER DRIVE NATIONAL CRY, CA 91950 CIVIC MIER CRM BENCRAARK ��,w1y kckw� CO TM iR, DI IGAmLL11f,11111GY. OR GRp R.2. 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CONVENIENT STORE 724 CM CENTER DRIVE NAT)ONA!. CA 92117 HgRe 09g44.5 o aR/ rqe_, Rgrq S tR � d YV 2d NO SCALE:-1;— 10 LANDSCAPE CONCEPT NWTE& 1. AL1NC66NV40167MT0R16gl CO0M1E11OTI6.'0fY0Fe61ai0A6U1E606A 1Ep6ATAMp,11E1660015,40P614rLNO0666maW4 06. a. 11.611E11ro en1PLT01@V106ume/446A66rw16cW1rtM190 06mil 1116V41E!PlM6M61ELLissour41®0116W O66WBAIIU VflH6MOM/ HAMIMgeA4.YWL 1N010MDM 41636.19r/0161N100d006+1 *Wien OR MD RANT:i419NL/IN16E.1131VbTURY1RBM60aIVmAg41PER 'R<O0L6O416a n 1EER. 3. WLkA414i3161®@NIIW416,00iL6t0M660MRMJIAR10 AWL WPM 666HC1411.0R1.IL116irDPb161E.r• 116RY.Vm74666A10616 6414RIm1ND1 61040 COVER 4110Da6b 1OIH NFJi6611RgR VEOETA1106 AY66.4110 66 MNOIO TD1N1N116111601s11L L 4LQMCC61R9:146YLRAIOYFR0TMRwa11R.OFRD0[nAEM064AR1En14 M01NT111PfNMP 9EURISCAFEAVIEN710610336011166ITRIOFTHOAN.VI iWLEE111EI MT. 6. 1141ADCt64K66MM111QK6f4166111lAE 1R0i➢A6'14ACl1M11MdF61E/11E11C 66401ENMMIA66✓v6M1usAaA416Ren6>:rFAVYiR 366166M:REWNALC MAD106E MAO®ADM:66770 9m1101RW RMM E.ROCR0N 0N.R11W Dr6TeO 40410ROOT1RE RaOT64L 10O16Abe®64e6L6E606N666Ra1e4w. 6066e6166®PGR01EIE6LL4614N'01110V1O9GV641=13116111GREU0160X604467; 616/1611144. 016E666flHD01d11O6 MLIMO6044644V641JL60T64f0U06T0A6y61RA1066073134RRTl7C6 E1466•E/YNY41041361611116, 11610O6144VR6611.AI0pNTD. EID666111Y00161130111116661113416M37O{614.{1, p 1E1166MN 06 1612l66FORPROPee116634Q146OEY8d6EM;4b➢NNIBY /66 111E 1YEW106NAIE/111R; A161616Ep 43160Nl1E0®16ROP1KST9661RIL 141O10EA01GN144pGRTFORT1EYBlfA11W 611RC71[ 674606D0fEDE6143.60M 616'I1:116H41E!ACa1gg1011OF POWN6641Y116104011I6416661. IIIRREVM 1.11.0 N16 Yew 666 4 296 of 416 1" '''.'01.=1R CASE FILE NO.: 20/1-0 3 CI4,0 D DATE: fa 7/z oft 297 of 416 MARTIN SAMO P.O. Bo 21041 EL CAJON, CA 92021 You are invited to attend ra�7��� y v'1'�TN EE1.1.1�IC 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. If you can't attend the meeting, or if you have any questions before then, please feel free to contact Martin Samo, the Applicant's representative at (619) 654-3828 or via email at niartlisamoO maii.com This notice is being sent to you in fulfillment of the Crty of National City requirements. This outreach effort to our neighbors is necessary because an application for development or use has been filed with the City of National City Planning Department. ATTACHMENT 298 of 416 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 Sarno (the 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 Harding 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 range. 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 Ave 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. 299 of 416 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 Flag Status: Flagged Dear Sir i have reservations that the traffic situation which is already bad will be made much worse at this location at certain times. i think that this should be part of the process to address this. i 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 300 of 416 Martin Ree er Assistant Pi nner City of National City Hello Mr. Reeder, National City Chamber of Commerce 901 National City Blvd. National City, CA, 91950 Business: (619) 477.9339 Fax: (619) 477.501 B Email: thechamber@nationalcitychamber.org Website: mitswnationalcitychamber.org December 7, 2017 1 recently visited one of our Chamber members and in the conversation, he asked me to deliver the attached CD to the City. If I understand correctly, it is the video of Intense traffic In an area near the business located at 402 Civic Center Drive, close to Wilson Street and the 1-5. The owner of the Cozine's Market Liquor and Deli mentioned that a new gas station at or near that crossing would create a big traffic problem and that is why he is sending the City this video. I hope this Is of use to you. Regards, David Grepe Project Coordinator National City Chamber of Commerce 901 National City Boulevard National City, CA 91950 P:619-477-9339 F:619-477-5018 www.nationalcitychamber.org 301 of 416 NATIONAL CITY POLICE IIEPPA12T1ENT ALCOHOL BEVERAGE CONTROL RISK ASSESSMENT DATE: 03/07/2017 BUSINESS NAME: 7-Eleven ADDRESS: 724 Civic Center Drive, National City, CA 91950 OWNER NAME: Am ad Yelda Attisha DOB: 11 /08/1969 OWNER ADDRESS: 1741 Sea Pines Road, El Cajon, CA 92019 (add additional owns 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 l 1pm (2 pts) Close after l 1pm (3 pts) 111. Entertainment Musk (1 pt) Live Music (2 pts) Dancing/Live Music (3 pts) ./ No Entertainment (0 pts) IV. Crime Rate Low (1 pt) Medium (2 pts) I . High (3 pts) V. Alcohol Businesses per Census Tract Below (1 pt) Average (2 pts) Above (3 pts) Revised: 8/16 Notes: Alcohol Businesses per Census Tract / Over saturation. Crime Rate High for Beat 24 ATTACHMENT 6 302 of 416 National City Police Depa" ,..,lent 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) j 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 — l 8pts) High Risk (19 — 24pts). Total Points 13 OWNER NAME: DOB: OWNER ADDRESS: OWNER NAME: DOB: OWNER ADDRESS: Recommendation: Completed by: Shephard Revised.: 3t16 2 of 2 Badge ID: 402 $r 303 of 416 _ tagg ;T np ngtt0 and'(P} f 0 0 IorosOfI Corpmadon andfar Hs suppliers. M dglda raga pthp U-20051n B FgId a iy,1, �� artaIn mapping and dIrecqun data 02006 NAVIEQAII rights rsaerred NA and • gppp a �a + Ail•',rl�ghte?esaroed: Q �'�OtTQIaAiaNRdh find asAtlass T:i:..= coralAme oa, = r_,:, arksafT:.: ... S+" Source: Microsoft Mappoint NCPD CAU, 4/18/07 City of Nationat City Beat 24 304 of 416 August 25, 2014 CensusTracts 2010 1:45,467 0 Q975 0.75 r I r 1' 0 0.5 1 2km 1.5 mi I Sources! Esrl, HERE, f]eIDrm4 TomTorn, Intermsp, Increment P Corp., GEECO, USGS, FAO, FPS, FRCAN, GeoBase, IGN, Kadaster Ftl, Ordnance 5uvey, Esri Japan, ME11, Esri China (Fong Kong), swfsstopo, Mapmyhdla, Ore nStreede%a p conbibutars, a rid the GIS User Co =unity 305 of 416 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 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 Proiect 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 Proiect: 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: Stash Podeswik 4682 Nebo drive La Mesa, CA 91941 Telephone Number: (619) 246-9044 Email Address: stoshc stoshthomas.com Exempt Status: ® Categorical Exemption. Class 32, Section 15332 (In -Fill Development Projects) Reasons why pr©kect is exernat: 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 Analysis 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 ATTACHMENT 7 306 of 416 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 ATTACHMENT 8 307of416 4. That the proposed use is deemed essential and desirable to the public convenience, because the project will provide a service in need for loca: 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 p inenomena, 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 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 gas station with a convenience store, including the sale of boor and wine. Except 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 applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be 308 of 416 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 r ceip4: 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 309 of 416 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 U rban 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 parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. A check list for preparation of the grading plan/drainage plan is available at the Engineering Department. 13. 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 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. 310 of 416 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 II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. 17. The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced. 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 Comer Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the City of National City Engineering Department as soon as filed. 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 ail 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 311 of 416 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 shah 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). a id 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 facial/ and all portions of the exterior wails 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. 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 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. 312 of 416 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. 313of416 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 sire 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. A!i 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 Tess 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 ai ovied." 314 of 416 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 or 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. 315 of 416 CERTIFICATION: This certifies that the Resolution was adopted by the Planning Com€mission at their meeting of March 5, 2018, by the following vote: AYES: yamane, NAYS: None. ABSENT: Baca ABSTAIN: None Sendt, Garcia. Flores, Dela Paz, Quintero .rt1•iAIRPERSON 316 of 416 CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 9195 0 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a Public Hearing after the hour of 6:00 p.m., Tuesday, April 17, 2018, in the City Council Chambers, Civic Center, 1243 National City Blvd., National City, CA., to consider: 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. The Planning Commission conducted a public hearing at their meeting of March 5, 2018 and voted to recommend approval of the Conditional Use Permit and Coastal Development Permit by a vote of 6 to 0 with one member absent. Anyone interested in this matter may appear at the above time and place and be heard. if you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice, or in written correspondence delivered to the undersigned, or to the City Council of the City of National City at, or prior to, the Public Hearing. March 22, 2018 ATTACHMENT 9 Michael R. Dalla, CMC City Clerk 317of416 RESOLUTION 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING 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 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit ("CUP") and Coastal Development Permit for a gas station and convenience store with beer and wine sales to be located at 724 Civic Center Drive (APN: 559- 024-06) in the Coastal Zone at a duly advertised public hearing held on March 5, 2018, at which time oral and documentary evidence was presented; and WHEREAS, at said noticed public hearing 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, at the Planning Commission meeting on March 5, 2018, the Commission recommended the approval of the Conditional Use Permit ("CUP") based on the required findings and subject to conditions of approval; and WHEREAS, the City Council of the City of National City, at their meeting of March 20, 2018, considered the Planning Commission's recommendation, and after hearing public comment, voted to set the item for public hearing to receive a staff report, additional information, and public testimony in order to allow the Council to discuss and consider the matter further before rendering a decision; and WHEREAS, the City Council considered 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 at a publically noticed hearing on April 17, 2018, at which time oral and documentary evidence was presented; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the testimony and evidence presented to the City Council at a public hearing held on April 17, 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 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 the quantity 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 the application has shown that the existing street network can function at an LOS of D or better without the need for mitigation. 318 of 416 Resolution No. 2018 — April 17, 2018 Page Two 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 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 will not need 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 gas station with a convenience store, including the sale of beer and wine. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit "A", Case File No. 2017-03 CUP, CDP, dated February 28, 2017. 2. Within four (4) days of approval, pursuant to Fish and Game Code Section 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 319 of 416 Resolution No. 2018 — April 17, 2018 Page Three 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 by 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. 320 of 416 Resolution No. 2018 — April 17, 2018 Page Four 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 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 parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. A check list for preparation of the grading plan/drainage plan is available at the Engineering Department. 13. 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 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. 16. A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure, and the required pavement structural sections for the proposed 321 of 416 Resolution No. 2018 — April 17, 2018 Page Five streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. 17. The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced. 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) located on the southeasterly comer of Civic Center Drive and Cleveland Avenue shall be removed and replaced with standard ramp complying with the ADA requirements and the SDRSD G-29 (Type C). 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 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 National 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. 322 of 416 Resolution No. 2018 — April 17, 2018 Page Six 27. The owner/developer shall submit plans to CalTrans 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 of the California Fire Code (CFC) 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 the site. All fire department access roads shall be painted and signed to prevent parking in these required designated emergency areas. 31. Grade of the fire apparatus road shall be within the limits established (15% grade) by the fire code official based on the 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 lines and proximity to surrounding properties where Healy Tanks are proposed, shall meet CFC, NFPA, and all City 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 the 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. 323 of 416 Resolution No. 2018 — April 17, 2018 Page Seven 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 an 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 wide by 18 feet deep. Up to 25% of required parking spaces may be compact in size (eight feet by 16 feet). Parking spaces currently shown in the future bikeway area required by Condition Number 39 shall be relocated accordingly. 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 Section 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 (ATOM). 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. All proposed business signage shall be in conformance with Land Use Code requirements. 324 of 416 Resolution No. 2018 — April 17, 2018 Page Eight 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 February 27, 2018. 51. The sale of alcoholic beverages for off -site consumption shall be limited to 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 for Tess 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. All cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be given free of charge. 59. Ice may be sold only at or above prevailing prices in the area and in quantities of not Tess 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 Tess 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. 325 of 416 Resolution No. 2018 — April 17, 2018 Page Nine 63. 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 that are clearly visible to the exterior shall constitute a violation of this condition. 64. 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 National City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 65. 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 66. The property owner must submit a letter to Sweetwater 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. 67. 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. 68. 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 this Resolution shall become effective, final, and conclusive on the day following the City Council meeting where this Resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. [Signature Page to Follow] 326 of 416 Resolution No. 2018 — April 17, 2018 Page Ten PASSED and ADOPTED this 17th day of April, 2018. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Ron Morrison, Mayor 327 of 416 RESOLUTION 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DENYING A CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT FOR A GAS STATION AND CONVENIENCE STORE WITH BEER AND WINE SALES TO BE LOCATED AT 724 CIVIC CENTER DRIVE IN THE COASTAL ZONE. (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 with beer and wine sales to be located at 724 Civic Center Drive in the Coastal Zone 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. 2017-03 CUP, CDP, maintained by the City and incorporated herein by reference along with evidence and testimony provided at said noticed public hearing; and WHEREAS, at their meeting of March 5, 2018, the Planning Commission recommended the approval of the Conditional Use Permit ("CUP") based on the required findings and subject to conditions of approval; and WHEREAS, the City Council of the City of National City, at their meeting of March 20, 2018, considered the Planning Commission's recommendation, and after hearing public comment, voted to set the item for public hearing to receive a staff report, additional information, and public testimony in order to allow the Council to discuss and consider the matter further before rendering a decision; and WHEREAS, the City Council considered 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 at a duly advertised public hearing held on April 17, 2018, at which time oral and documentary evidence was presented; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the testimony and evidence presented to the City Council at a public hearing held on April 17, 2018, support the following findings: 1. Granting the permit would constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience or welfare, or material 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 -scale 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. 328 of 416 Resolution No. 2018 — April 17, 2018 Page Two 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. BE IT FURTHER RESOLVED that this Resolution shall become effective, final, and conclusive on the day following the City Council meeting where this Resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. PASSED and ADOPTED this 17th day of April, 2018. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Ron Morrison, Mayor 329 of 416 CC/CDC-HA Agenda 4/17/2018 — Page 330 The following page(s) contain the backup material for Agenda Item: Public Hearing to consider whether to adopt a Resolution of the City Council of the City of National City approving or denying a Zone Variance to waive the minimum street wall requirement for a multi -family development located at 1628 Orange Street. (Appl 330 of 416 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: II,pril 17, 2018 AGENDA ITEM NO. ITEM TITLE: Public Hearing and Resolution of the City Council of the City of National City approving or denying 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) PREPARED BY: Martin Reeder, AICP1 PHONE: I(619) 336-4313 EXPLANATION: The applicant wishes to develop a multi -family development consisting of four buildings with 40 bedrooms. Because the property is accessed via a 30-foot wide road easement, the project cannot provide the 75% street wall required in the MXC-1 zone (at least 75% of the building's front wall needs to be built within 10 feet of the property line). The applicant has applied for a Zone Variance to waive this minimum requirement. The use is allowed by right, only the street wall is the subject of this application DEPARTMENT: IPI APPROVED BY: Planning Commission conducted a public hearing on March 5, 2018 and voted 4-2 to recommend approval of the Zone Variance based on attached findings and Conditions of Approval. City Council considered a Notice of Decision of the Planning Commission's approval of the CUP at their meeting of March 20, 2018, and after hearing public comment, voted to set the item for public hearing. The attached Planning Commission staff report describes the proposal in detail. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Categorical Exemption — Class 32, Section 15332 (In -Fill Development Projects) ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff recommends approval of the Zone Variance. BOARD / COMMISSION RECOMMENDATION: 1-he Planning Commission recommended approval of the Zone Variance. Ayes: Yamane, Sendt, Garcia, Quintero Noes: Flores, Dela Paz Absent: Baca ATTACHMENTS: 11. Overhead 5. CEQA Notice of Exemption 2. Background Report 6. Planning Commission Resolution 2018-04 (a)! 3. Recommended Findings & Conditions 7. Public Hearing Notice 4. Reduced Plans 8. Resolutions 331 o1 2017-27 Z — 1628 Orange Street — Overhead ATTACHMENT 1 332 of 416 BACKGROUND REPORT 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. Executive Summary The applicant wishes to develop a multi -family development consisting of four buildings and 40 bedrooms. Because the property is accessed via a 30-foot wide road easement, the project cannot provide the 75% street wall required in the MXC-1 zone (at least 75% of the building's front wall needs to be built within 10 feet of the property line). The applicant has applied for a Zone Variance to waive this minimum requirement. The use (multi -unit residential) is allowed by right, only the street wall is the subject of this application 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. Each dwelling would 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 ATTACHMENT 2 333 of 416 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 -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, walkability would not be met with the proposed project. 334 of 416 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 (CEQAJ 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 plan designation and policies, zoning designation and regulations, and will not affect endangered, rare, or threatened species. Planning Commission hearing 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. 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. OPTIONS 1. Approve 2017-27 Z subject to the conditions listed below, based on the attached findings, or findings to be determined by the City Council; or 2. Deny 2017-27 Z based on the attached finding or findings to be determined by the City Council; or, 3. Continue the item to a specific date in order to obtain additional information. 335 of 416 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 Municipal 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 would 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 wall. 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. ATTACHMENT 3 336 of 416 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). Building 7. Plans submitted for building permits shall be consistent with the 2016 California Building, Electrical, Plumbing, Mechanical, Energy, Green and Fire Codes. 337 of 416 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 all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. 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 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 within 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. 338 of 416 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 gurney. 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. • Upon submittal for an underground permit, the following shall be included: • Data sheet for Back -Flows • 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 shall meet industry/code standards for underground use. 23.An approved water supply for fire protection, either temporary or permanent, shall be made available as soon as combustible material arrives on the site. 24.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 339 of 416 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. 25. 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. 26.Approval for final sign -off shall be contingent upon final field inspection and compliance with all applicable codes and ordinances. Engineering 27. 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. 28.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 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://www.nationalcityca.gov/city-government/engineering-public- works/engineering-division/online-services-forms-fees. 29.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. 30.AII 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. 340 of 416 31. 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. 32. 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. 33.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. 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. 341 of 416 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. 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.Alt 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.All proposed NO PARKING zone(s) (red curbing) shall be shown in the street improvement plans. 47. All new dwellings are subject to a Transportation Development Impact Fee of $2,405.00. This includes new homes, condos, and apartments. 342 of 416 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 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. 343 of 416 PROJECT TEAM 4ndanb t...wY f...4. n5fa.uN.InPA.5 am ...NAM anln.. 1Nlla ar PROJECT INFO lm.N ue � GUM VPMma^+i11R.. ' Y , EXHIBIT: k CASE FILE NO.: 2 o t 7 - 27 jZ DATE: I S /Zan g RS-1 naaR0.0% br.1.1aMM,rr;Rl9�x.ff.S M10.110, WOO. R v ru[uwicftwwro m.alww �i.inF M acm5b[:Swanwnrm snnanr sa..na,a. .1111..enavaw.e d RS-1 LOU MOAGw[.0*nMV 010.1 v.E[NM•0,,. .fn,r[.eaM uN1n,nlx.gta.ale MR . 151e3,105..e,11 nn¢[ax,r.a a.alno.noauc. 01..sn.Roa ,m,a RAR Mehnos[aG4o[sxocoWa60>w rmi.M ,11 M CIAL.rfna ar m.Y.S W.T s.p ma [.,w f ntn.l rom..s. •AMna.rhMAq saWX1. (WWI AMC. RI TIMM 141.111- JeIAf,1 Io,Sa rf.1.1f00.,..la.1.,.ar. w.n.Baa.::5 nSd. 1" mb' «E5 AREA CALCULATfONS aw. .X10111.kn. SfIvor ate„ tt .5.i. 'iMLLMEaw. .w.V IHflt na.ar as,s.. . o�:l rc,5..mnx IfWNBaf,fA4R IMP MaYW1U.n. 4VeFVA1WRA INN: DRAWING LIST A1c1 a.f.sa.0a51.x MXC-1 MXC-1 MXC-1 a�. 1 SITE PLAN 10Y WY{Aof BLIMP® r4" rc.....�rrf.W. o- SYS ®A51 Y & nay5f -•.muss Naowrc ell 'X MXC-1 RS-1 j oi jco,o MXC-1 K•}: ROAD EASEMENT 4,50 -- ATTACHMENT 4 SITE PLAN AND PROJECT INFORMATION A100 344 of 416 a CdfiefiE BOBILGOINZI dBCd BEP312N62 ACV r 1 COWIgVUYPY. J Ortla.69.a Goo, 1 UN!T 1 - FIRST FLOOR PLAN UNIT 1 - SECOND FLOOR PLAN UNIT 1 FIRST FLOOR AND SECOND FLOOR PLANS A101 345 of 416 5120EO£!1Y VIES)" CAI LOMMDNDANA,G -TED7 ON 1 UNIT 1 -THIRD FLOOR PLAN UNIT 1 ROOF PLAN �IIIIIIIIimI'� Outms UNIT 7 THIRD FLOOR AND ROOF PLANS A102 346 of 416 1 i 1 SITE AXONOMETRIC ELEVATION (WEST) 1 101.00.03 Wier SITEAXONOM& F C weer A103 347 of 416 -*-. CALIFORNIA OMINAL CITY i�CaR!'ORA'PED 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 Exempt Status: X Telephone Number: (619) 202-7283 Categorical 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: ATTACHMENT 5 CHRIS STANLEY Planning Technician 348 of 416 RESOLUTION NO. 2018-04 (a) A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA 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 349 of 416 rNT 6 categorically exempt from environmental review pursuant to Class 32 Section 15332. This section allows for in -fill development that is consistent with the general plan and zoning designation; occurs within city limits; is no more 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 utilities 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 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. 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. 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 18.12.040 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. 350 of 416 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 all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. 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. 351 of 416 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 not be located within the aerial fire apparatus access roadway. 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 2 '/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 gurney. 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 352 of 416 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 • 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. 353 of 416 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 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 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://www.nationalcityca.gov/city-government/engineering-pubiic- 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.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. 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 354 of 416 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.All 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. 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. 355 of 416 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. 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.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. 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. 356 of 416 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.All new dwellings are subject to a Transportation Development Impact Fee of $2,405.00. This includes new homes, condos, and apartments. 48.AI1 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 light 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: 357 of 416 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: Fldres, Dela Paz ABSENT: Baca ABSTAIN: None CHAIRPERSON 358 of 416 CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a Public Hearing after the hour of 6:00 p.m., Tuesday, April 17, 2018, in the City Council Chambers, Civic Center, 1243 National City Blvd., National City, CA., to consider: ZONE VARIANCE FOR THE WAIVER OF MINIMUM STREET WALL REQUIREMENTS FOR A PROPERTY LOCATED AT 1628 ORANGE STREET. The Planning Commission conducted a public hearing at their meeting of March 5, 2018 and voted to recommend approval of the Zone Variance by a vote of 4 to 2 with one member absent. Anyone interested in this matter may appear at the above time and place and be heard. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice, or in written correspondence delivered to the undersigned, or to the City Council of the City of National City at, or prior to, the Public Hearing. March 22, 2018 ATTACHMENT .? Michael R. Dalla, CMC City Clerk 359 of 416 RESOLUTION 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A ZONE VARIANCE TO WAIVE THE MINIMUM STREET WALL REQUIREMENT FOR A MULTI -FAMILY DEVELOPMENT 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 to waive the minimum street wall requirement for a multi -family development 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 hearing 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 provided at said hearing; and WHEREAS, at their meeting of March 5, 2018, the Planning Commission recommended the approval of the Conditional Use Permit ("CUP") based on the required findings and subject to conditions of approval; and WHEREAS, the City Council of the City of National City, at their meeting of March 20, 2018, considered the Planning Commission's recommendation, and after hearing public comment, voted to set the item for public hearing to receive a staff report, additional information, and public testimony in order to allow the Council to discuss and consider the matter further before rendering a decision; and WHEREAS, the City Council considered a Zone Variance to waive the minimum street wall requirement for a multi -family development located at 1628 Orange Street at a duly advertised public hearing held on April 17, 2018, at which time oral and documentary evidence was presented; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the testimony and evidence presented to the City Council at a public hearing held on April 17, 2018 support the following findings: 1. Because of special circumstances applicable to the property, including size, shape, or topography, the strict application of Title 18 of the Municipal 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 would leave only seven and a half feet for vehicle access. 360 of 416 Resolution No. 2018 — April 17, 2018 Page Two 2. The requested Variance is subject to conditions that 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 wall. 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. BE IT FURTHER RESOLVED that the application for Zone Variance is approved subject to the following conditions: 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 January 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 designee 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. 361 of 416 Resolution No. 2018 — April 17, 2018 Page Three 6. Plans submitted for construction shall conform to Land Use Code Section 18.42.040 (Screening mechanical equipment and elevator housing) and Section 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 improvements must comply with the current editions of the California Fire Code (CPC), National Fire Protection Association (NFPA), and California Code of Regulations (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 California Fire Code Section 5 and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. 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 Tess 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 the 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 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 362 of 416 Resolution No. 2018 — April 17, 2018 Page Four 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 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 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 gurney. 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 that are roadway accessible (measurement starts from nearest public fire hydrant to project). The following items pertain to fire hydrants: 1. Size and location, including size and number of outlets and whether outlets are to be equipped with independent gate valves. 2. 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. A. Upon submittal for an underground permit, the following shall be included: (1) Data sheet for Back -Flows (2) Data sheets for Private and Commercial Hydrants (3) Data sheets for Post Indicator Valves Information on required fire hydrants back -flow devices, etc.; can be acquired from Sweetwater Authority. All pipes and their appliances shall meet industry/code standards for underground use. 23. An approved water supply for fire protection, either temporary or permanent, shall be made available as soon as combustible material arrives on the site. 363 of 416 Resolution No. 2018 — April 17, 2018 Page Five 24. 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. 25. 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. 26. Approval for final sign -off shall be contingent upon final field inspection and compliance with all applicable codes and ordinances. Engineering 27. 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. 28. 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 to City departments. The checklist is available at the Engineering Division web site at the link 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: //www. nationalcityca. gov/city-go vernmenflengineering-public-works/engineering- division/onlin e-services-forms-fees. 29. 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. 30. 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. 364 of 416 Resolution No. 2018 — April 17, 2018 Page Six 31. 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 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 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. 32. 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. 33. 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. All 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. A construction storm water permit shall be obtained from the Regional Water Quality Control Board. A copy 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 a Registered Civil Engineer shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. 365 of 416 Resolution No. 2018 — April 17, 2018 Page Seven 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 req uirements. 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. 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 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. All proposed NO PARKING zone(s) (red curbing) shall be shown in the street improvement plans. 47. All 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. 366 of 416 Resolution No. 2018 — April 17, 2018 Page Eight 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 this Resolution shall become effective, final, and conclusive on the day following the City Council meeting where this Resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. PASSED and ADOPTED this 17th day of April, 2018. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Ron Morrison, Mayor 367 of 416 RESOLUTION 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DENYING A ZONE VARIANCE TO WAIVE THE MINIMUM STREET WALL REQUIREMENT FOR A MULTI -FAMILY DEVELOPMENT 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 to waive the minimum street wall requirement for a multi -family development 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 hearing 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, the Planning Commission at their meeting of March 5, 2018, recommended the approval of the Conditional Use Permit ("CUP") based on the required findings and subject to conditions of approval; and WHEREAS, the City Council, at their meeting of March 20, 2018, considered the Planning Commission's recommendation, and after hearing public comment, voted to set the item for public hearing to receive a staff report, additional information, and public testimony in order to allow the Council to discuss and consider the matter further before rendering a decision; and WHEREAS, the City Council considered a Zone Variance to waive the minimum street wall requirement for a multi -family development located at 1628 Orange Street at a duly advertised public hearing held on April 17, 2018, at which time oral and documentary evidence was presented; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the testimony and evidence presented to the City Council at a public hearing held on April 17, 2018, support the following findings: 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. 2. 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. BE IT FURTHER RESOLVED that this Resolution shall become effective, final, and conclusive on the day following the City Council meeting where this Resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. [Signature Page to Follow] 368 of 416 Resolution No. 2018 — Page Two PASSED and ADOPTED this 17th day of April, 2018. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Ron Morrison, Mayor 369 of 416 CC/CDC-HA Agenda 4/17/2018 — Page 370 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, 1) ratifying the declaration of emergency work to repair portions of a deteriorated sewer main and lateral in response to a wastewater discharge; and 2) ratifying the waiving of competitive bidd 370 of 416 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 17, 2018 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) ratifying the declaration of emergency work to repair portions of a deteriorated sewer main and iaterai in response to a wastewater discharge; and 2) ratifying the waiving of competitive bidding procedures under emergency conditions consistent with the provisions included in Section 22050 "Emergency Contracting Procedures" of the California Public Contract Code and Chapter 2.62 "Alternative Bid Procedures for Public Projects," Section 2.62.070 "Emergencies" of the National City Municipal Code. PREPARED BY Stephen Manganiello, City Engineer DEPARTMENT: Engineering / Public Works PHONE: 619-336-4382 EXPLANATION. See attached. APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Funds available in account # 125-409-500-598-2024 (Sewer System Improvements) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt Resolution ratifying the declaration of emergency work to repair portions of a deteriorated sewer main and lateral in response to a wastewater discharge and ratifying the waiving of competitive bidding procedures under emergency conditions. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Attachments 3. Resolution 3 / 1 Ot 41 b Explanation On February 25, 2018, City Public Works wastewater crews were called out to respond to a sewer lower lateral blockage at 1426 Euclid Avenue. Lower lateral is defined as the portion of sewer lateral from the property line to the sewer main. Wastewater crews were unable to break the stoppage due to the unusual configuration of the lateral and a joint separation between pipe segments caused by root intrusion. However, they were able to provide a temporary bypass to allow the residents to use water. On February 26, 2018, Public Works wastewater crews performed a video survey of the sewer main line, which runs under the alley located to the south of E. 14th Street and east of Euclid Avenue. The video identified significant cracks originating from a cavity within the main line where it connects to the sewer iateral. Public Works immediately notified me of the situation, as well as the temporary measures implemented to address the lower lateral blockage at 1426 Euclid Avenue. The crews also reminded me that an January 29, 2018, they were called out to respond to a sewer main blockage that resulted in wastewater discharging out of the bathroom of the residence located at 1516 Euclid Avenue (two properties upstream of 1426 Euclid Avenue). Given the proximity of these two incidents and the existing condition of the sewer main, it is clear that the two incidents are related. In order to remove the blockage and prevent further wastewater discharges, approximately 3U feet of failed sewer main and the entire lower sewer lateral needed to be replaced immediately. Since the main is located at a depth of approximately 15' feet, our wastewater crews could not complete the required repairs. Therefore, staff contacted several qualified contractors to determine availability. Only one qualified contractor, Basile Construction, Inc., was readily available to perform the work. Staff immediately drafted a contract and notified the City Manager of the situation. Upon execution, the City Engineer authorized Basile Construction, Inc. to start work on a time and materials basis (see copy of attached agreement). After holding a reconstruction meeting an site, work commenced March 2018 -I preconstruction on work v irr�ncGu on Ii �1 , and was substantially completed on March 2, 2018. The final casts are expected to be ssne•v o.-_ooze Ee W,'�7 f' TR ..3. .., E-a.. _ +a_ r_- ..ff :�y9aa.Z'J�im _.. l ,-. . -..Y J .,.. �.�.�rii;; in the 'e er ��4ti ern :mprovur ie lis Capital improvement Program expenditure account through prior Sewer Fund appropriations. A memorandum was subsequently submitted to the City Manager to provide a written explanation for actions taken to secure an appropriate emergency contract to repair the sewer main and lateral (see attached). Staff requests the following City Council actions: 1) ratify the declaration of emergency work to repair portions of a deteriorated sewer main and lateral in response to a wastewater discharge; and 2) ratify the waiving of competitive bidding procedures under emergency conditions consistent with the provisions included in Section 22050 "Emergency Contracting Procedures" of the California Public Contract Code (PCC) and Chapter 2.62 "Alternative Bid Procedures for Public Projects," Section 2.62.070 "Emergencies" of the National City Municipal Code. Section 22050 of the PCC requires a four -fifths vote of the City Council for ratifications, 372 of 416 -a..`CAL1FORNIA 1-# NxTioNAL are . _ , ,. ....,......„.... ,....„ - ,, amay, .,,,__ ay.....0.,.T. CITY OF NATIONAL CITY MEMORANDUM DATE: April 5, 2018 TO: Leslie Deese, City Manager FROM: Stephen Manganiello, Director, Engineering and Public Works Department SUBJECT: Emergency contract with Basile Construction, Inc, On Sunday, February 25, 2018, Public Works wastewater crews were called out to a sewer lower lateral blockage. Lower lateral is defined as the port,ion of sewer lateral from the property line to the sewer main. While the property owner is responsible for sewer lateral maintenance, if a licensed plumber is unable to break a stoppage, City crews will provide assistance for repairs to the lower lateral. Wastewater crews were unable to break the stoppage due to the sewer lateral configuration at 1426 Euclid Avenue, and a joint separation between pipe segments caused by root intrusion, however, they were able to provide a temporary bypass to allow the residents to use water. On Monday, February 26, 2018, our wastewater crew video surveyed the sewer main line and identified critical cracks originating from a cavity within the main line at the location of the sewer lateral connection to the main line. Public Works immediately notified me of the situation, as well as the temporary measure installed to address the lower lateral blockage at 1426 Euclid Avenue. At a depth of approximately 15' feet, our wastewater crew could not complete the repair internally. Based on the deteriorated condition of the lower lateral to sewer main connection and previous failure of the sewer main and the direct impact to the residents in the area, I determined that the situation constituted a threat to public health and safety and immediate corrective action was required. City crews had previously been called out to a sewer main blockage on January 29, 2018, that resuited in wastewater discharging out of the bathroom at 1516 Euclid Avenue (two properties upstream of 1426 Euclid Avenue). Risk Management is currently working to address the claims that arose from the incident. Given the existing condition of the sewer main, the two incidents are related. 373of416 Page 2 Emergency contract with Basile Construction, Inc April 5, 2018 Given the urgency of the situation, and under the rule of municipal code section 2.60.230, I immediately contracted with Basile Construction, Inc. to complete the necessary sewer main and lateral repairs. Work started on March 1, 2018 and was substantially completed by March 2, 2018. The cost to complete the project is expected to be approximately $25,000. This memorandum serves as an explanation for actions taken to secure an appropriate contract to repair the sewer main and laterals in the alley on East 14th Street and Euclid Avenue. I read the explanation provided for the immediate action and corrective work done on the lower lateral to sewer main connection at 1426 Euclid Avenue. By affixing my signature, I determine that the work performed was appropriately deemed an emergency. 416 I itt Leslie Deese, City Manager Date 374of416 OWNER - CONTRACTOR AGREEMENT EMERGENCY REPAIR OF SEWER MAIN AND LATERAL IN ALLEY ON EAST 14T" STREET AND EUCLID AVENUE This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Basile Construction, Inc. ("Contractor"), 7952 Armour Street, San Diego, CA 92111-3718 on the 28th day of February, 2018 for the construction of the above referenced Project. In consideration of the mutual covenants and agreements set forth herein, the Owner and Contractor have mutually agreed as follows: 1. CONSTRUCTION The Contractor agrees to do all the work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in a turn -key manner in accordance with this Agreement and all documents and plans referenced in Exhibit "A", (hereinafter "Contract Documents"), in compliance with all relevant Federal, State of California, County of San Diego and City of National City codes and regulations, and to the satisfaction of the Owner. 2. CONTRACT PRICE Owner hereby agrees to pay and the Contractor agrees to accept as full compensation for constructing the project in accordance with these Contract Documents on the basis of time and materials. Payments to the Contractor shall be made in the manner described in the Special Provisions. 3. TIME FOR PERFORMANCE Time is of the essence for this Agreement and the Contractor shall construct the project in every detail to a complete and turn -key fashion to the satisfaction of the Owner within the specified duration set forth in the Special Provisions. 4. NON-DISCRIMINATION In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person's compensation, terms, conditions or privileges of employment because of such persons race, religious status, sex or age. 375 of 416 5. AUTHORIZED OWNER REPRESENTATIVES On behalf of the Owner, the Project Manager designated at the pre -construction meeting shall be the Owner's authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. 6. WORKERS' COMPENSATION INSURANCE a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement. b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification: "I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement." 7. ENTIRE AGREEMENT; CONFLICT The Contract Documents comprise the entire agreement between the Owner and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith. 8. MAINTENANCE OF AGREEMENT DOCUMENTATION Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Owner and copies thereof shall be furnished to Owner if requested. 9. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Owner. Owner shall have the right to control Contractor insofar as the results of Contractor's 376 of 416 services rendered pursuant to this Agreement; however, Owner shall not have the right to control the means by which Contractor accomplishes such services. 10. LICENSES AND PERMITS Contractor represents and declares to Owner that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Owner that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession. 11. GOVERNING LAW, VENUE This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of San Diego, Central Branch. 12, COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original. 13. FALSE CLAIMS Contractor acknowledges that if a false claim is submitted to the Owner, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claitns Act, California Government Code sections 12650, et seq., provides for c!v!! penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Owner seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys' fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. r have read and understood ail of the provisions of this Section 15, above: (Initial) (Initial) 377 of 416 14. AGREEMENT MODIFICATION This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Owner and the Contractor. IN WITNESS WHEREOF this Agreement is executed as of the date first written above. Owner: Leslie Deese, City Manager Contractor: (Owner/Officer signature) 7-1-5/ - is 5/ Print name and itlt e \?-0- a .-11.,f7L—. (Second officer signature if a corporation) 40+ A !L reTA,_ Print name and title IO95 71 Contractor's aty Business License No. State Contractor's License No. and Class 7352, fir/rout. St Business street address son Olet301 CA/ 92/11 City, State and Zip Code 378 of 416 EXHIBIT A CONTRACT DOCUMENTS Owner/Contractor Agreement Bid Schedule Addenda Plans Special Provisions (Specifications) San Diego County Regional Standard Drawings City of National City Standard Drawings Standard Specifications for Public Works Construction and Regional Supplements (Greenbook) State Standard Specifications State Standard Plans California Building, Mechanical, Plumbing and Electrical Codes Permits issued by jurisdictional regulatory agencies Electric, gas, and communications companies specifications and standards Sweetwater Authority specifications and standards Specifications, standards and requirements of MTS, BNSF, SANDAG, Port of San Diego and all other agencies that may be adjacent and/or affected by the project. 379 of 416 EXHIBIT 8 CONTRACT PRICE ALL WORK WILL BE COMPLETED ON A TIME AND MATERIAL BASIS. 380 of 416 CORPORATE CERTIFICATE I, Y;4z,UI+J A - JS! t certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that EIL- - L.OU 14-3i L.t , who signed said contract on behalf of the Contractor, was then r Priti` of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. i,Dleumc,1 A i-5 certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that rrnitip .. 5 i , who signed said contract on behalf of the Contractor, was then i54-/ of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate Seal, 381 of 416 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 11/39 C✓ :c ..,.:��...'!�.:!..e•.�.2:.r.�t •�aciC a ::r.C;ld:!:� ::�•9. : c.:�c t y ," v '' : err:/; T�i -y: •r :. ,,..y A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of San rYk 09 0 ) On L012 + ( before me, , lyj r' \\I ' L 7-i N D 4 Pub i l c Here insert Name and Title of the Officer DckWn Pr. gCAc le Name(s) of Signer(s) Date personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the taws of the State of California that the foregoing paragraph is true and correct. AMBEALY D. LOPEZ Notary Public -California ,/ San Die County$ ./ Commissroon # 222673 My Comm. Expires Jan 24, 2022 Place Notary Seat Above WITNESS my hand and official seal. Signature OPTIONAL re of Not Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: E Corporate Officer — Title(s): 1 Partner — ❑ Limited ❑ General- C Individual ❑ Attorney. In"Fact C Trustee ❑ Guardian or Conservator E Other: .--'r Signer's Name: C Corporate Officer — Title(s): C Partner — ❑ Limited ❑ General E Individual ❑ Attorney in Fact C Trustee ❑ Guardian or Conservator C Other: Signer is Rep thing: Signer Is Representing: •.t'J'�`✓,�r'.✓':.:%i`.�.�:�::��.� ��.,.. .�::\�� �.L�i�`:�::�_`✓_.':\J;i.`✓,h'✓.;\1�va�.h .��:�:i��,.✓.\'v :��. �'+\::\+�i'.�=�i'�:\=!i'�'tiYiit!i\e.� 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 382 of 416 PARTNERSHIP CERTIFICATE STATE OF ) ss COUNTY OF On this day of , 2018, before me, the undersigned, a Notary Public in and for said County and State, personally appeared: (Notary Seal) known to me to be of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: 383of416 Ate°Rtf CERTIFICATE OF LIABILITY INSURANCE DATE(1303313FTYYY) 2J2T12018 HOLDER. THIS BY THE POLICIES AUTHORIZED THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. AND CONFERS NO RIGHTS UPON THE CERTIFICATE EXTEND OR ALTER THE COVERAGE AFFORDED A CONTRACT BETWEEN THE ISSUING IkSURER(S), IMPORTANT: If the certificate holder Is an ADDITIONAL. INSURED, the palicy(les) must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and cored -Blom of the policy, certain policies may require an endorsement A statertert on this certificate does not confer rights to the t ettificaio holder In Ilea of such endorse/nent(s). PRODUCER nac & Associates 450 B Street, Suite 1808 San Diego CA 92101 • l:eriStcate Department PHONE FAX no. E,dx 619-T44- t4 �nrc 619-23�4 1 ADORES& ceriI1caies cayjgnac.carn INSUR AFFORDING COVISLAGE HJAIG L'k INSURER A: Travelers Property & Casualty Company of America 25674 20443 Bale Construction, Inc. aAslcow a, i952 Armour Street San Diego, CA 92111 INSURER B : Continental Casually Co. INSURER C : Travelers /rlderre ty Co of Conn 25682 LNG a : INSURER E : INS F: NUMBER: 2081093140 • THIS IS TO CERI l Y THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INS JRED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOTWTTHSTAMDING 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. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR' LTR TYPE OF INSURANCE ACM JNOD SUER VINO POLICY NUMBER POLICY EFF firMfDD1YyYY► POLICY FXP IM IIDDLYYYY1 LINTS A X COMMERCIAL GENMiAL LIABILITY Y Y CCOC312011 5t11101T 3r112018 I 1 EACH FENCE ! $ 1,000,000 1 CLAIMS -MADE n OCCUR DAMAGE 7D-RENTED PREMISES tEn aacurranno 1 a00,900 MEYI EXP Any one parson) $ 5,000 PERSONAL & AUV INJURY 31,000,000 G P — L AGGPEGATE LIMIT APPLIES PEL,CY I ^ I . C7 C OTHER PER: LOC GENERAL AGGREGATE 3 2,000.000 PRODUCTS - COMP/OP AGO $ 2,000.000 e $ 25.000 AUTOMOBILE X meant SCHEDULED Y Y 6100C312011 5/112017 St1l201E COMB 3NThLIMIT Ma 1 • , o0t} (100 DLLY INJURY tperper 3 $ BDDBODILYRf INJURY (Per aedd enQ $ ` Arrros HIREDAUTOS x AUTOS NON -OWNED [PROPERTY Per_ $ $ B X UMBRELLA IJAJI Eft LiAB X OAR C1.AY4S-MADE $02102$9®® 5f112017 5/1/2018 EACH OCCURRENCE $5,000,000 AGGREGATE $ 5.000,000 DED X RETENTIONS 11L800 $ A C ' LSAT10N MIDYVON:En ANY [ Pooh ritEiUfifr'AItt1,lERitX tJl tY, YIN 0FFICERiMEMBEiEXCLUDED, (Mandatory In NH! If DESt1P ON OF OPERATIONS belay NIA Y UB5G312011 511t201Y - aol/2019 X i ar I I OT , EL EACH ACCIDENT $1.000.000 EL_ DISEASE - EA EMPLOYEE $1,000.000 F_L DISEASE - POLICY LIMIT $ 1,000,000 nE5nnw E ,DE OPERATIONS t LOCATIONS I t+!!5CS (ACM 101, AdOI0nel Rourke Schadah, may be. meow N eme sps :s a ncgiksd) Re: Emergency Repair of Sewer Main and Loral In Alley on East 14th Street and F_ucld Avenue. Additional Insured coverage applies to General LIMB./ and Automobile Liabilityelected for City of National City and Its officials, officers, employees, ogenas, representatives, , �t employees end Primary applies to General Liability and Automobile Lrabilly p� form. Waiver of n eppiies to bra! Linty, Automobile and Vtrorim-te Compensation per policy form. Excess/Umbrella policy fame arrn over underlying es: General L�Ety, &AO Llaebiify ,& Empl l.� (ad dEonal Insi..ed and waiver of subrogation apply). if the sLlsurance company ejects to Cancel or non -renew coverage for any reason other than nonpayment of premium they will pro1de 30 days notice of such cancelation or nomenewaL CERTIFICATE HOLDER City of National City 1243 National City Blvd. National City CA 91950 CANCELLATION SHOULD ANY OF THE ABOVE DEBCRMED POLICIES BE CANCELLED BEFORE THE ERWRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE Wt H THE POLICY PROVISIONS, ALITIIDPRED EHrATIvB ACORD 25 (2014101) The ACORD name a 384 of 416 1988-2014 ACORD CORPORATION. All rights resemed. stared marks of ACORD Policy No. 8109C312011 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE This endorsement broadens coverage. However, coverage for any Inure, damage ormedical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS F. HIRED AUTO — UNITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE —GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest ana that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An insured, of SECTION 11— COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is In effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE —INCREASED LIMIT 1. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT J. PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who is An Insured provision contained in Section C. EMPLOYEE HIRED AUTO The following is added .to Paragraph Al., he Is An insured, of SECTION II — COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness, 2. The following replaces Paragraph b. in B.S., Other Insurance, of SECTION IV — SUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto' you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee under a contract En an "employee's" name, with your CAT3 530215 C2015 The Travelers kidemniy Company. All rights reserved. Indudes copyrighted meter cesOffice, Inc. with Its permission. 385 of 416 Page 1 of 4 Policy No. 6021026699 COMMERCIAL AUTO permission, while performing duties related to the conduct of your- busi- ness. However, any 'auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto'. D. EMPLOYEES AS INSURED The following is added to Paragraph A.1-, Who Is An Insured, of SECTION 11-- COVERED AUTOS LIABILITY COVERAGE: Any 'employee" of yours is an °insured" while us- ing a covered "auto' you don't own, hire or borrow in your business or your personal affairs. a SUPPLEMENTARY PAYMENTS — 1IICREASSED U M ITS 1. The following replaces Paragraph A.2,a,(2), of SECTION ll — COVERED AUTOS LIABIL- ITY COVERAGE: (2) Up to $3,000 for cost of ball bonds (in- duding bonds for related traffic law viola- tions) required because of an 'accident" we lover. We du not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION I1— COVERED AUTOS LIABIL- ITY COVERAGE: (4) All reasonable expenses incurred by the Insured" at our request, including actual loss of earnings up to $5 xi a dey be- cause of time off from work. F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph B.7., Policy Period, Coverage Tseri1aey, of SECTION IV — BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the word, except any courrey or jurisdiction while any trade sanction, ern- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Cov- ered Autos Liability Coverage for any covered 'auto' that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto' you lease, hire, rent or borrow from any of your °employee~", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (i) You must arrange to defend the "in- sured' against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and aru- tions. (ii) Neither you nor any other involved Insured" will make any settlement without our consent. (iii) We may, at our discretion, participate in defending The "insured' against, or in the settlement of, any claim or (iv) We will reimburse the 'insured" for sums that the 'insured" legally must pay as damages because of 'bodily injury" or 'property damage" to which this insurance applies, that the In- sured" pays with our consent, but only up to the limit described in Para- graph C_, Limits Of Insurance, of SECTION Il — COVERED AUTOS LIABILITY COVERAGE. (v) We will reimburse the 'insured' for The reasonable expenses incurred with out consent for your investiga- tion of such claims and your defense of the "insured' against any such "suit', but only up to and included within the limit described in Para- graph C., Limits Of Insurance, of SECTION 11 — COVERED AUTOS LIABILITY COVERAGE, and not in addition to such limit. Our duty to take such paymonr ends when we have used up the applicable limit of assurance in payments for damages, settiemente or defense expenses. (b) This Insurance is excess over any valid and collectible other insurance available to The "insured" whether primary, excess, contingent or on any other basis, (c) This insurance is not a substitute for re- quired or compulsory insurance in any county outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. Page 2 of 4 21)15 The Travelers Indermfty Company. All rights reserved. includes copyrighted mate rvlces Office, Inc. with Pis permission. 386 of 416 CA T3 53 02 15 Policy No. 6021026699 You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) it is understood that we ere not en admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered 'auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TIOm III -PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $66 per day, to a maximum of $750 for any one "accident". L PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION Ill — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered `auto` of the private passenger type. J. PERSONAL PROPERTY The following is added to Paragraph AA., Cover- age Extensions, of SECTION 111 — PHYSICAL DAMAGE COVERAGE: Personal Property We will pay up to $400 for "loss" to wearing ap- parel and other persona' property which is: (1) Owned by an 'insured"; and COMMERCIAL AUTO (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered. 'auto'. No deductibles apply to this Personal Properly coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to loss` to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.l t,. and A.1.c., but only: a. If that "auto" is a covered °auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV— BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or loss" ap- plies only when the "accident" or loss' is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited fieLi r (orn- peny); (d) An executive officer, director or insurance manager (iif you are e corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident° or'Ioss"- M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.S., Transfer Of Rights O1 Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS; Transfer DE Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident' or 'lose, provided that the "accident" or "loss" arises out of operations contemplated by CA T3 530215 201b The Travelers Indemnity Company. All rights reserved. Includes copyrighted realer_ ' - vices Office, Inc. vAlti its permission. 387 of 416 Page 3 of 4 Policy No. 8021025599 COMMERCIAL AUTO such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph 6.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV —BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non -renewal. Page 4 of 4 21316 The Travelers Intsermlty Company. Alt rights reserved. Includes copyrighted materir vices Office, Inn, rt permission. 388 of 416 CA 73 53 02 15 COMMERCIAL GENERAL LIABILITY Policy No. CO9C312011 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REAM IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section IL) Is amended c) to include any person or organization that you agree in a "written contract requiring Insurance" to include as an additional insured on thls Cover- age Part, but: a) Oniy with respect to liability for "bodily injury", `property dame" or "personal injury"; and b) If, and only to the extent that, the Injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work' to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional Insured with respect to the Independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of thls Coverage Part shown In the Declarations exceed the limits of liability required by the "written contract requiring insurance, the In- surance provided to the additional Insured shall &le limited to the limits of liability re- quired by that "written contract requiring ire- suraru:e". This endorsement shall not In- crease the limits of insurance described in Section fii — Limits Of insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury°, "prop- erty damage° or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: I. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drewings and specifications; and i!. Supervisory, inspection, architectural or engineering activities. The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by your work° and included in the "products -completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily Injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary bade -or primary and 1 for . ,'!. �1� ..� ,�., prrTrn...� j r6arri�ivr3tp i�L'ad:,re � basis, this insurer= is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance". 4., As a condition of coverage provided to the additional insured by this endorsement: e) The additional insured must give us written notice as soon as practicable of an "cocur- rence° or an offense which may result in a claim. To the extent possible, such notice should include: CG D2 46 08 05 C 2005 'rho 389 of 416 alers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY Policy No_ 9C312011 L How, when and where the "occurrence" or offense took place; il. The names and addresses of any injured persons and witnesses; and 111L The nature and location of any injury or damage arising out of the "occurrence" or offense, b) if a claim is made or "suit" is brought against the additional insured, the additional insured must: 1. Immediately record the specifics of the claim or "suit" and the date received; and 11. Notify us as soon es practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the Investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional Insured by this endorsement is primary to "other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement Is in effect; and c. Before the end of the policy period. Page 2 of 2 f 2005 The 390 of 416 liars Companies, Inc. CG D2 46 08 05 Polley No. CO9C312011 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. Aircraft Chartered With Pilot ,. Damage To Premises Rented To You C. increased Supplementary Payments D. Incidental Medical Malpractice Who is An Insured — Newly Acquired Or Formed Organizations F. Who is An Insured — Broadened Named Insured — Unnamed Subsidiaries G. Blanket Additional Insured Owners, Managers Or Lessors Of Premises P ROVISIONS A. AIRCRAFT CHARTERED WITH PILOT The following is added to Exclusion g., Aircraft, Auto Or Watercraft. in Paragraph 2. of SECTION I — COVERAGES — COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: This exclusion does not apply to an aircraft that Is: (a) Chartered with a pilot to any insured; (b) Not owned by any insured; and (c) Not being used to carry any person or prop- erty for a charge. B. DAMAGE TO PREMISES RENTED TO YOU I. The first paragraph of the exceptions in Ex- clusion j., Damage To Property, in Para- graph 2. of SECTION I — COVERAGEn — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE mature is deleted. 2. The following replaces the last paragraph of Paragraph 2., Exclusions, of SECTION I — COVERAGES — COVERAGE A. BODILY H. Blanket Additional Insured — Lessors Of Leased Equipment 1. Blanket Additional insured — States Or Political Subdivisions — Permits J. Knowledge And Notice Of Occurrence Or Offense K. Unintentional Omission L. Blanket Waiver Of Subrogation M. Amended Bodily Injury Definition N. Contractual Liability — Railroads INJURY AND PROPERTY DAMAGE LI- ABILITY: Y: Exclusions c. and g. through r1. du not appiy to "premises damage", Exclusion ff.(1)(a) does not apply to "premises damage" caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water; unless Exclusion f. of Section I — Coverage A — Bodily Injury And Property Damage Liability is replaced by another endorsement to this Coverage Part that has Exclusion — All Pollu- tion Injury Or Damage or Total Pollution Ex- clusion in its title. A separate limit of insurance applies to 'premises damage" as described in Para- graph 6. of SECTION III — LIMITS OF IN- SURANCE. GG D3 14311 11 o z41 i The Tray 391 of 416 mpany. All riphta reserved. Page 1 of 6 Policy No. C09C312011 COMMERCIAL GENERAL LIABILITY 3, The following replaces Paragraph 6. of SEC- TION Ili — LIMITS OF INSURANCE: Subject to 5. above, the Damage To Prem- ises Rented To You Limit is the most we will pay under Coverage A for damages because of "premises damage" to any one premises. The Damage To Premises Rented To You Limit will apply to all "property damage' proximately caused by the same "occur- rence", whether such damage results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water, or any combination of any of these causes. The Damage To Promises Rented To You Limit will be: a. The amount .shown for the Damage To Premises Rented To You Limit on the Declarations of this Coverage Part; or b. $300,000 if no amount Is shown for the Damage To Premises Rented To You Limit on the Declarations of this Coverage Part. The following replaces Paragraph a. of the definition of "insured contract" in the DEFINI- TIONS Section: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for "premises damage" is not an "insured contract"; 5., The following Is added to the DEFINITIONS Section: "Premises damage" means "property dam- age" to: a. Any premises while rented to you or tem- porarily occupied by you with permission of the owner; or b. The contents of any premises while such premises is rented to you, if you rent such premises for a period of seven or fewer consecutive days. 6. The following replaces Paragraph 4..b.,(1)(b) of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: (b) That is insurance for "premises damage"; or 7. Paragraph 4.b.(1)(c) of SECTION IV -- COMMERCIAL GENERAL LIABILITY CON- DITIONS is deleted. C. INCREASED SUPPLEMENTARY PAYMENTS 1. The following replaces Paragraph 1.b. of SUPPLEMENTARY PAYMENTS — COVER- AGES A AND Eg of SECTION I — COVER- AGE: b. Up to $2,500 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to w Fch the Bodily Injury Liability Coverage applies. We do not have to fur- nish these bonds. 2. The following replaces Paragraph 1.d. of SUPPLEMENTARY PAYMENTS — COVER- AGES A AND B of SECTION 1 — COVER- AGES: d. All reasonable expenses Incurred by the insured at our request. to assist us in the investigation or defense of the claim or "suit', Including actual Toss of earnings up to $500 a day because of time off from work. D. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to the definition of "oc- currence" in the DEFINITIONS Section: "Occurrence" also means an act or omission committed in providing or failing to provide 'incidental medical services", first aid or "Good Samaritan services" to a person. 2. The following is added to Paragraph 2.a.(1) of SECTION 11-- WHO IS AN INSURED: Paragraph (1)(d) above does not apply to "bodily injury" arising out of providing or fail- ing to provide: (1) "Incidental medical services" by any of your "employees" who Is a nurse practi- tioner, registered nurse, licensed practical nurse, nurse assistant, emergency medi- cal technician or paramedic; or (II) First aid or "Good Samaritan services" by any of your 'employees" or "volunteer workers", other than an employed or vol- unteer doctor_ Any such "employees" or 'volunteer workers" providing or failing to provide first aid or "Good Samaritan ser- vices" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your busi- ness. Page 2 of 6 C'd 2011 The Tray 392 of 416 rnpany. All rights reserved. CG D31611 11 Policy. No. C09C312011 3. The following is added to Paragraph 5. of SECTION III - LIMITS OF INSURANCE: For the purposes of determining the applica- ble Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid er "Good Samaritan services" to any one per- son will he deemed to be one 'occurrence". 4: The following exclusion is added to Para- graph 2., Exclusions, of SECTION I - COV- ERAGES - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuti- cals committed by, or with the knowledge or consent of, the insured. Z. The following is added to the DEFINITIONS Section: "incidental medical services" means: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, er surgical supplies or appliances. "Good Samaritan services" means any emer- gency medical services for which no compen- sation is demanded or received. G. The following is added to Paragraph 4ob., Ex- cess Insurance. of SECTION iV - COM- MERCIAL GENERAL LIABILITY CONDI- TIONS: The insurance is excess over any valid and collectible other Insurance available to the in- sured, whether primary, excess, contingent or on any other basis, that is available to any of your employees" or "volunteer workers" for "bodily injury" that arises out of providing or failing to provide "incidental medical ser- vices'', first aid or "'Good Samaritan services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II - Who is An Insured. E. WHO IS AN INSURED -- NEWLY ACQUIRED OR FORMED ORGANIZATIONS The following replaces Paragraph 4. of SECTiON II- WHO IS AN INSURED: COMMERCIAL GENERAL LIABILITY 4. Any oreanizafion you newly acquire or form, other than a partnership, joint venture or lim- ited liability company, of which you are the sole owner or In which you maintain the ma- jority ownership interest, will qualify as a Named Insured if there is no other Insurance which provides similar coverage to that or- ganization. However: a. Coverage under this provision is afforded only: (1) Until the 180th day after you acquire or form the organization or the end of the policy period_ whichever is earlier, if you do not report such organization in writing to us within 180 days after you acquire or form it; or (2) Until the end of the policy period, when that date is later than 180 days after you acquire or form such organization, if you report such organzation in writing to us within 180 days after you acquire or form it, and we agree in writing that it will con- tinue to be a Named Insured until the end of the policy period; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal In- jury" Of "advertising injury" arising out of an offense committed before you acquired or formed the organization. WHO IS AN INSURED = BROADENED NAMED INSURED - UNNAMED SUBSIDIARIES The following is added to SECTION II - WHO IS AN INSURED: Any of your subsidiaries, other than a partnership, joint venture or limited liability company, that is not shown as a Named Insured in the Declara- tions is a Named insured if you maintain an own- ership interest of more than 50% in such subsidi- ary on the first day of the policy period. No such subsidiary is an insured for "bodily Injury" or "property damage" that occurred, or "personal injury' or 'advertising injury" caused by an of- fense committed after the date, if any, during the policy period, that you no longer maintain an ownership interest of more than 50% in such sub- sidiary. CG D31611 11 2011 The Tray lipany. All rights reserved. Page 3 of 6 393 of 416 Policy No. CO9C312011 COMMERCIAL GENERAL LIABILITY G. BLANKET ADDITIONAL INSURED - OWNERS, MANAGERS OR LESSORS OF PREMISES The following is added to SECTION 11- WHO IS AN INSURED: Any person or organization that is a premises owner, manager or lessor and that you have agreed in a written contract or agreement to in- clude as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily. injury", "property damage", "personal injury" or 'advertising injury that. a. Is "bodily injury" or "property damage" that occurs, or is "personal injury" or "advertising injury' caused by an offense that is commit- ted, subsequent to the execution of that con- tract ar agreement; and b Arises out of the ownership, maintenance ar use of that part of any premises leased to you. The insurance provided to such premises owner. manager or lessor is subject to the following pro- visions: e The limits of insurance provided to such premises owner, manager or lessor will be the minimum limits which you agreed to pro- vide in the written contract or agreement, or the limits shown on the Declarations, which- ever are less. b. The insurance provided to such premises owner, manager or lessor does not apply to: (1) Any "bodily injury" or "property damage" that occurs, ar "parsana! injury" or "adver- tising injury" caused by an offense that is committed, after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such premises owner. lessor or manager. c. The insurance provided to such premises owner, manager or lessor is excess over any valid and collectible other insurance available to such premises owner, manager or lessor, whether primary. excess, contingent or on any other basis, unless you have agreed in the written contract or agreement that this in- surance must be primary to, or non- contributory with, such other insurance, in which case this insurance will be primary to, and non-contributory Willi, such other insur- ance. H. BLANKET ADDITIONAL INSURED - LESSORS OF LEASED EQUIPMENT The following is added to SECTION II - WHO IS AN INSURED: Any person or organization that is an equipment lessor and that you have agreed in a written con- tract or agreement to include as an insured on this Coverage Part is an insured, but only with re- spect to liability for "bodily Injury", "property dam- age", "persone1 injury" or "advertising Injury" that: �- a. Is "bodily injury" or "property damage" that occurs, or is "personal injury" or "advertising injury caused by an offense that is commit- ted, subsequent to the execution of that con- tract or agreement; and b. Is caused, in whole or in part, by your acts or omissions in the maintenance, operation or use of equipment leased to you by such equipment lessor. The insurance provided to such equipment lessor is subject to the following provisions: a. The limits of insurance provided to such equipment lessor will be the minimum limits which you agreed to provide in the written contract or agreement, or the limits shown on the Declarations, whichever are Tess. b. The insurance provided to such equipment lessor does not apply to any "bodily injury' or "property damage" that occurs, or "personal injury" or "advertising injury caused by an of- fense that is committed, after the equipment lease expires. c. The insurance provided to such equipment lessor Is excess over any valid and collectible other insurance available to such equipment lessor, whether primary, excess, contingent or on any other basis, unless you have agreed in the written contract or agreement that this insurance must be primary to, or non-contributory with, such other insurance, in which case this insurance will be primary to, and non-contributory with, such other in- surance. I. BLANKET ADDITIONAL INSURED - STATES OR POLITICAL SUBDNISIONS - PERMITS The following is added to SECTION II = WHO IS AN INSURED: Any state or political subdivision that has issued a permit in connection with operations performed by you or on your behalf and that you are required Page 4 of 6 0 2091 Thu Tray upeny. All rights reserved. CS D3 161111 394 of 416 Policy No. CD9C312011 by any ordinance, law or building code to include as an additional insured on this Coverage Part is an insured. but only with respect to liability for "bodily injury", "property damage", "personal in- jury" or °advertising injury" arising out of such op- erations. The insurance provided to such state or political subdivision does not apply to: a. Any "bodily injury,' "property damage, ' 'per- sonal injury" or "advertising injury" arising out of operations performed for that state or po- litical subdivision; or b. Any "bodily Injury" or "property damage" in- cluded in the "products -completed operations hazard". J. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE The following is added to Paragraph 2., Duties In The Event of Occurrence, Offense, Claim or Suit, of SECTION IV — COMMERCIAL GEN- ERAL LIABILITY CONDIITIANS: e. The following provisions apply to Paragraph a. above, but only for the purposes of the In- surance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2, of Section II — Who Is An Insured: (1) Notice to us of such "occurrence" or of- fense must be given as soon as practica- ble only miter the "occurrence" or offense is known by you (if you are an individual), any of your partners or members who is an individual (if you are a partnership or joint venture), any of your managers who is an Individual (If you are a limited liability company), any of your "executive offi- cers" or directors (If you ere art organiza- tion other than a partnership, Joint venture or limited liability company) or any "em- ployee' authorized by you to give notice of an "occurrence' or offense. (2)) If you are a partnership, Joint venture or limited liability company, and none of your partners, joint venture members or man- agers are Individuals, notice to us of such "occurrence" or offense must be given as soon as practicable only after the "occur- rence" or offense is known by: (a) Any individual who is: (I) A partner or member of any part- nership or joint venture; COMMERCIAL GENERAL LIABILITY (R) A manager of any limited liability company; or (Ili) An executive officer or director of any other organization; that is your partner, joint venture .member or manager, or (b) Any "employee" authorized by such partnership, joint venture, limited li- ability company or other organization to give notice of an "occurrence" or offense. (3) Notice to us of such "occurrence" or of an offense wilt be deemed to bo given as soon as practicable if It is given in good faith as soon as practicable to your work- ers' compensation insurer. This applies only if you subsequently give notice to us of the "occurrence" or offense as soon as practicable after any of the persons de- scribed In Paragraphs e. (1) or (2) above discovers that the "occurrence' or offense may result in sums to which the insurance provided under this Coverage Part may apply. However, if this Coverage Part includes an en- dorsement that provides limited coverage for "bodily injury" or "property damage' or pollution costs arising out of a discharge, release or es- cape of "pollutants" which contains a requirement that the discharge, release or escape of "pollut- ants" must be reported to us within a specific number of days after its abrupt commencement, this Paragraph e. does not affect that require- ment. K. UNINTENTIONAL OMISSION The following is added to Paragraph G., Repre- sentatlonss, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy wil! not preju- dice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable Insurance laws or regulations, L. BLANKET WAIVER OF SUBROGATION The foiiowiug is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL UENERAL LI- ABILITY CONDITIONS: CG D3 16 11 11 432011 The Train piny. All rights reserved. Page 5 of 6 395 of 416 Policy No. CD9C312011 COMMERCIAL GENERAL LIABILITY If the insured has agreed in a contract or agree- ment to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organiza- tion, but only for payments we make because of: a. "Bodily injury" or 'property damage" that oc- curs; or b. "Personal injury" or "advertising injury' caused by an offense that is ;,ommitted; subsequent to the execution of that contract or agreement. M. AMENDED BODILY INJURY DEFINITION The following replaces the definition of "bodily injury" in the DEFINITIONS Section: 3. "Bodily Injury" means bodily injury, mental anguish, mental injury, shock, fright, disability, humiliation, sickness or disease sustained by a person, iniluding death resulting from any of these at any time. N. CONTRACTUAL LIABILITY — RAILROADS 1. The following replaces Paragraph c. of the definition of "Insured contract" in the DEFINI- TIONS Section: c. Any easement or license agreement: Paragraph f.(1) of the definition of "insured contract" in the DEFINITIONS Section is de- leted. Page 6 of 6 ©2o11 The Tray d ipcny,! rights reserved. CG D3 16 11 11 396 of 416 POLICY NUMBER: CO9C312011, 8109C312011 ISSUE DATE: 05-01-2017 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REAL) IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANCELLATION/NONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED 1N THIS POLICY SCHEDULE CANCELLATION; NONRENEWAL; dumber of Days Notice of Cancellation: 30 Number of Days Notice of Nonren l: 30 PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION TEAT IS A CERTIFICATE HOB OF A CERTIFICATE OF INSURANCE ISSUED FOR YOU THAT: 1. REFERS TO THIS POLICY AND STATES THAT NOTICE OF C RC LLATIOZY OR NONRENEWAL OF THIS POLICY WILL BE PROVIDED TO THAT PERSON Olt ORGAN/EAT/ON; AND 2. IS IN EFFECT, AND IS ON TILE AT THE MICE OF YOUR AGENT OR BROKER FOR THIS POLICY, AT THE TIME OF THE CANCELLATION OR NONRENEWAL. ADDRESS: THE ADDRESS SHOWN FOR TEAT PERSON OR ORGANIZATION IN THAT CERTIFICATE OF INSURANCE. PROVISIONS: ,. if we cancel this policy for any statutorily permit- ted reason other than nonpayment of premium, and a number of days is shown tor cancellation in the schedule above, we will mall notice of cancel- lation to the person or organization shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the number of days shown for cancellation in the schedule above before the effective date of can- cellation. B. If we decide to not renew this policy for any statu- torily permitted reason, and a number of days is shown for nonrenewal in the schedule above, we will mail notice of the nonrenewai to the person or organization shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the number of days shown for nonrenewdl in the schedule above be- fore the expiration date. ILT4001209 2009 T g inky Company Page 1 of 1 �397of416 TRAVELERS J 0RD TOM AWARE HARTFORD, CT 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 06 R3 (00) POLICY NUMBER: UB9C312011 NOTICE OF CANCELLATION TO DESIGNATED PERSONS OR ORGANIZATIONS The following is added to PART SEX — CONDITIONS: Notice Of Cancellation To Designated Persons Or Organizations If we cancel this policy for any reason other than non-payment of premium by you, we will provide notice of such cancellation to each person or organization designated In the Schedule below. We will mail or deliver such notice to each person or organization at its listed address at least the number of days shown for that person or organiza- tion before the cancellation Is to take effect. You are responsible for providing us with the information necessary to accurately complete the Schedule below. If we cannot mail or deliver a notice of cancellation to a designated person or organization because the name or address of such designated person or organization provided to us is not accurate or complete, we have no responsibility to mail, deliver or otherwise notify such designated person or organization of the cancellation. SCHEDULE Number of Nance and Address of Designated Persons or Organizations: Days Notice ANY PERSON OR ORGANISATION WITH WHOM YOU HAVE AGREED IN A WRITTEN 30 CONTRACT THAT NOTICE OF CANCELLATION OF THIS POLICY WILL BE GIVEN, HUT ONLY IF: 1. YOU SEE TO IT THAT WE RBt:EXVE A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NMI= FROM US or THE CANCELLATION OF THIS POLICY; AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE $RGI1 NIi G OF THE APPLICABLE NUMBER OF DAYS SHONE IN THIS ENDORSEMENT. ADDRESS: THE ADDRESS FOR TEAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. DATE OF ISSUE: 06444017 ST ASS Gh 2013 The Travelers Indemnity Company. All rights reserved 398 of 416 Page 1 of 1 FRAVELERiCk ONE TOM SOME 'METED/W., CV D6I63 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 m ( A) — Od1 POLICY NUMBER: {3TJOB-9C31201-1-17) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an Injury covered by this policy. We will not enforce our right against the person or organization named In the Schedule. The add0lonal premium for this endorsement shall be 03.000 % of the California workers' compensation pre- mium. Schedule Person or Organization Job Description ANT PERSON OR ORGANIZATION FOR NCH TUE INSURED HAS AGREED RY NRITTRN CONTRACT EXECUTED PRIOR TO IROSS TO FURNISH THIS WAIVER. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No Endorsement No. insured Premium insurance Company Countersigned by DATE OF ISSUE: 35-19-17 STASSIQ 399 of 416 Page 1 of 1 RESOLUTION NO. 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING THE DECLARATION OF EMERGENCY WORK TO REPAIR PORTIONS OF A DETERIORATED SEWER MAIN AND LATERAL IN RESPONSE TO A WASTEWATER DISCHARGE, AND RATIFYING THE WAIVING OF COMPETITIVE BIDDING PROCEDURES UNDER EMERGENCY CONDITIONS, CONSISTENT WITH THE PROVISIONS INCLUDED IN CALIFORNIA PUBLIC CONTRACT CODE SECTION 22050 "EMERGENCY CONTRACTING PROCEDURES" AND NATIONAL CITY MUNICIPAL CODE CHAPTER 2.62 "ALTERNATIVE BID PROCEDURES FOR PUBLIC PROJECTS", SECTION 2.62.070 "EMERGENCIES" WHEREAS, recently there were two incidents of sewer main blockages in close proximity to each other on Euclid Avenue; and WHEREAS, National City Public Works wastewater crews were unable to break the stoppages due to the unusual configuration of the lateral and a joint separation between pipe segments caused by root intrusion, but were able to provide a temporary bypass to allow the residents to use water; and WHEREAS, on February 26, 2018, Public Works wastewater crews performed a video survey of the sewer main line, which runs under the alley located to the south of East 14'h Street and east of Euclid Avenue, that identified significant cracks originating from a cavity within the main line where it connects to the sewer lateral; and WHEREAS, in order to remove the blockage and prevent further wastewater discharges, approximately 30 feet of failed sewer main and the entire lower sewer lateral needed to be replaced immediately; and WHEREAS, because the main is located at a depth of approximately 15 feet and City wastewater crews could not complete the required repairs, several qualified contractors were contacted to determine availability, but only one qualified contractor, Basile Construction, Inc., was readily available to perform the work; and WHEREAS, due to the emergency and in order to protect, preserve, and keep the public health and welfare, the City Manager executed an Agreement on February 28, 2018 between Basile Construction, Inc., for the immediate replacement of approximately 30 feet of failed sewer main and the entire lower sewer lateral, which was completed on March 2, 20'9; and WHEREAS, upon execution of the Agreement, the City Engineer authorized Basile Construction, Inc., to start work on a time and materials basis, however, the final costs are expected to be approximately $25,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby ratifies the declaration of emergency work to repair a deteriorated sewer main and lateral in response to wastewater discharge on Euclid Avenue. BE IT FURTHER RESOLVED that the City Council finds, based on substantial evidence set forth in this Resolution and in the supporting staff report and Agreement with Basile Construction, that the emergency would not permit a delay resulting from a competitive solicitation for bids, and that the action was necessary to respond to the emergency. 400 of 416 Resolution No. 2018 — Page Two BE IT FURTHER RESOLVED that the City Council ratifies the waiving of competitive bidding procedures under emergency conditions, consistent with the provisions included in California Public Contract Code Section 22050 ''Emergency Contracting Procedures" and National City Municipal Code Chapter 2.62 "Alternative Bid Procedures for Public Projects", Section 2.62.070 "Emergencies". PASSED and ADOPTED this 17th day of April, 2018. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Ron Morrison, Mayor 401 of 416 CC/CDC-HA Agenda 4/17/2018 — Page 402 The following page(s) contain the backup material for Agenda Item: City Council Legislative Recess. (City Manager) 402 of 416 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 17, 2018 AGENDA ITEM NO. ITEM TITLE: City Council Legislative Recess. (City Manager) PREPARED BY: Leslie Deese, City Manager DEPARTMENT: City Man PHONE: 619-336-4240 APPROVED BY• EXPLANATION: Please see attached Staff Report. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance STAFF RECOMMENDATION: Request City Council direction on observing a City Council legislative recess. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Staff Report 403 of 416 City Council Legislative Recess Staff Report: Since 2014, the City Council has observed a legislative recess during the summer to provide City staff and elected officials an opportunity to catch up on work, reenergize after a lengthy budget and strategic planning process, and prepare for the start of a new fiscal year. The purpose of this agenda item is to determine whether the City Council wants to, once again, consider a recess in 2018. Background: Observing a legislative recess from a city's council meeting schedule is practiced by a majority of San Diego County cities that recess both in the summer and winter. Some cities, the State Legislature, and quasi -governmental entities such as the San Diego Association of Governments (SANDAL), recess over an entire month, generally in the summer. While National City does not have a formal recess scheduled for summer or winter, due to the holiday/ furlough closure, we have traditionally adjusted the meeting schedule in December and January to either dispense with or move one or more of the regular Tuesday meetings. In addition, for the past four years, the City Council voted to recess during the month of July, and in 2013, the Council voted to recess and dispense with the second meeting in July. Discussion: To assist the City Council with its decision, staff notes the following: • National City is holding a Special Municipal Election on Tuesday, June 5, which is also the date of the regularly scheduled City Council meeting. In accordance with National City Municipal Code (NCMC) Section 2.04.020, when a regular meeting of the City Council falls on a holiday or Election Day, no meeting will be held that week. • There are five Tuesdays in May; as such, there will be five weeks between the May 15 regular meeting and the first (and only) regularly scheduled meeting on June 19. • There are five Tuesdays in July. Should the Council recess in July, there would be seven weeks between meetings (June 19 — August 7). A recess in July would result in one regular meeting in a twelve week period. As a reminder, the first meeting in August (this year, August 7) typically begins at 5:00 p.m., due to the "National Night Out Against Crime" event. • In regards to the June Special Election, election results are anticipated to be certified by the Registrar of Voters around the first week in July. Should the Council recess in July, and there are no Council meetings until the first regularly scheduled meeting on August 7, the Council would be unable to accept the Certification until that meeting. • Candidate filing dates for the 2018 General Municipal Election are from July 16 to August 10, 2018. Page 1 of 4 404 of 416 Provided for reference is a listing of upcoming meetings, community events and observed holidays for the summer months (Attachment 1). Please note that the calendar reflects only those events that we are aware of and have dates for; additionally, some of the events are tentative or do not yet have dates or are pending City Council approval. Staff Recommendation: Staff requests City Council direction on observing a legislative recess. Should the Council desire a recess, staff recommends the Council consider the month of August. In accordance with NCMC Section 2.04.020, any regular meeting may be dispensed with by a vote. Page 2 of 4 405 of 416 Attachment 1 Event June Date 8`h Annual Mabuhay Festival Saturday, June 2, 2018 Las Palmas 5k and 1-Mile Walk Saturday, June 2, 2018 City of National City Special Election Tuesday, June 5, 2018 Summer Movies in the Park Friday, June 8, 2018 Neighborhood Council Breakfast Saturday, June 9, 2018 City Council Meeting & Adoption of Annual Budget Tuesday, June 19, 2018 Law Enforcement Night at the Padres Friday, June 29, 2018 Lions Club Independence Day Carnival Friday, June 29 - Wednesday, July 4, 2018 Miss National City Educational Pageant @ Kimball Park Saturday, June 30, 2018 NCPD Reserve Officers Banquet TBD "National City Day" at San Diego County Fair TBD July Event Date Council Chamber AV Upgrade Month of July Grand Opening of Paradise Creek II Late July/Early August City Council Meeting Tuesday, July 3, 2018 Independence Day {City Hall closed) Wednesday, July 4, 2018 Scottish Rite Awards for Law Enforcement Wednesday, July 11, 2018 Summer Movies In The Park Saturday, July 14, 2018 City Council Meeting Tuesday, July 17, 2018 Library's Summer Reading Program Party Thursday, July 27, 2018 August Event Date Grand Opening of Paradise Creek II Late July/Early August Relay for Life August 4-5, 2018 National Night Out & Movies in the Park Tuesday, August 7, 2018 Page 3 of 4 406 of 416 City Council Meeting Tuesday, August 7, 2018 Library's 3rd Annual "The Face Behind the Art" Art Festival Tuesday, August 7 and 21, 2018 Padres Salute to Law Enforcement August 10 or August 31 Auto Heritage Day Saturday, August 11, 2018 Summer Movies in the Park Friday, August 17, 2018 City Council Meeting Tuesday, August 21, 2018 NCPD School Supply Give-away TBD September Event Date Labor Day (City Hall Closed) Monday, September 3, 2018 City Council Meeting Tuesday, September 4, 2018 Neighborhood Council Breakfast Saturday, September 8, 2018 Summer Movies in the Park Saturday, September 8, 2018 9/11 Memorial Breakfast & Remembrance Ceremony Tuesday, September 11, 2018 City Council Meeting Tuesday, September 18, 2018 Volunteer Appreciation Dinner Friday, September 28, 2018 Bayside Brewfest Saturday, September 29, 2018 NCPD Use of Force Workshop TBD Note: The City anticipants being awarded the 2018 Tidelands Activation Grant to support the Summer Family Fun Fitness Series at Pepper Park and the National City Aquatic Center. Dates will be determined once the grant has been awarded. Page 4 of 4 407 of 416 CC/CDC-HA Agenda 4/17/2018 — Page 408 The following page(s) contain the backup material for Agenda Item: To consider a Motion to direct the City Attorney to hire outside counsel to conduct an investigation into the allegations that Councilmember Cano violated State law, which includes, but is not limited to, Government Code Section 87100 as it relates to inf 408 of 416 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 17, 2018 AGENDA ITEM NO. ITEM TITLE: NEW BUSINESS: To consider a Motion to direct the City Attorney to hire outside counsel to conduct an investigation into the allegations that Councilmember Cano violated State laws, which includes but is not limited to Government Code Section 87100 as it relates to influencing a governmental decision or staff decision in which he knows or has reason to know he has a financial interest, as well as, investigating any other allegations by or against Councilmember Cano. PREPARED BY: Angil P. Morris -Jones DEPARTMENT: City Attor PHONE: EXPLANATION: 336-42221 APPROVED BY: At the April 3, 2018 City Council meeting, the City Council voted 4 to 0 to place the above -referenced Motion as an item on the April 17, 2018 City Council Agenda. FINANCIAL STATEMENT: ACCOUNT NO. IN/Ai ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: Finance APPROVED: MIS STAFF RECOMMENDATION: N/A BOARD / COMMISSION RECOMMENDATION: !N/A ATTACHMENTS: 409 of 416 CC/CDC-HA Agenda 4/17/2018 — Page 410 The following page(s) contain the backup material for Agenda Item: Resolution of the Community Development Commission -Housing Authority (CDC -HA) of the City of National City authorizing the Chairman to execute a Subordination Agreement allowing a new mortgage that is not -to -exceed $97,000 to be and remain a lien prior an 410 of 416 CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY COUNCIL AGENDA STATEMENT MEETING DATE: April 17, 2018, AGENDA ITEM NO. ITEM TITLE: Resolution of the Community Development Commission -Housing Authority (CDC -HA) of the City of National City authorizing the Chairman to execute a Subordination Agreement allowing a new mortgage that is not -to -exceed $97,000 to be and remain a lien prior and superior to a home purchase assistance loan on a single -unit property located at 1832 E Avenue in National City. PREPARED BY: Angelita Palma, Acting Comm. Dev. Manager PHONE: (619) 336-4219 EXPLANATION: lOn March 11, 2002, the Community Development Commission of the City of National City ("CDC") made a loan for $18,300 from the CDC's First -Time Homebuyer Program to assist in the purchase of a single family home located at 1832 E Avenue in National City. The City loan is deferred for thirty years and charged 3% simple interest which was forgiven after the tenth year of occupancy. Raul Meza and Claudia Meza ("Borrowers") are interested in refinancing the first mortgage loan on the property and have been approved for a new loan from Wells Fargo Bank, N.A. ("Lender"). The Lender is requiring that the CDC -HA execute the attached subordination agreement allowing the new loan to hold superior position to the CDC -issued loan. The CDC loan will maintain second lien position on the property. The purpose of the refinance is to reduce the interest rate paid to a fixed rate of 4.375% and there will be no cash proceeds to the Borrowers through the refinance. Staff has satisfactorily reviewed the combined loan -to -value, preliminary title report, new loan terms, and good faith estimate that outline the closing costs of the transaction. DEPARTMENT: Housing & Economic APPROVED BY. FINANCIAL STATEMENT: ACCOUNT NO. n/a ENVIRONMENTAL REVIEW: n/a ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Subordination Agreement 411 of 416 RECORDING REQUESTED BY FIRST AMERICAN TITLE COMPANY AND WHEN RECORDED MAIL TO: CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 ATTN: HOUSING & ECONOMIC DEV ORDER NO.: 1555487 SPACE ABOVE THIS LINE FOR RECORDER'S USE SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT. THIS AGREEMENT, made this 17th day of April 2018 by Raul Meza and Claudia Meza, owner of the land hereinafter described and hereinafter referred to as "Owners", and the Community Development Commission -Housing Authority of the City of National City, a public body, corporate and politic as present owner and holder of the deed of trust and note first hereinafter described and hereinafter referred to as "Beneficiary". WITNESSETH THAT WHEREAS, Owners has executed a deed of trust, dated March 18, 2002, to the Community Development Commission - Housing Authority of the City of National City as trustee, covering the Real property in the City of National City, County of San Diego, State of California, described as follows: SEE ATTACHED LEGAL DESCRIPTION. to secure a note in the sum of $18,300, dated March 11, 2002, in favor of The Community Development Commission -Housing Authority of the City of National City, a public body, corporation and politic, which deed of trust was recorded March 18, 2002, Recording Number 2002-0224160 Official Records of said county; and WHEREAS, Owners has executed, or is about to execute, a deed of trust and note in the sum not to exceed $97,000 dated 2018, in favor of Wells Fargo Bank, N.A., hereinafter referred to as "Lender", payable with interest and upon the terms and conditions described therein, which deed of trust is to be recorded concurrently herewith; and WHEREAS, it is a condition precedent to obtaining said loan that said deed of trust last above mentioned shall unconditionally be and remain at all times a lien or charge upon the land hereinbefore described, prior and superior to the lien or charge of the deed of trust first above mentioned; and WHEREAS, Lender is willing to make said loan provided the deed of trust securing the same is a lien or charge upon the above described property prior and superior to the lien or charge of the deed of trust first above mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lien or charge of the deed of trust first above mentioned to the lien or charge of the deed of trust in favor or Lender; and WHEREAS, it is to the mutual benefit of the parties hereto that Lender make such loan to Owner; and Beneficiary is willing that the deed of trust securing the same shall, when recorded, constitute a lien or charge upon said land which is unconditionally prior and superior to the lien or charge of the deed of trust first above mentioned. NOW THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Lender to make the loan above referred to, it is hereby declared, understood and agreed as follows: (1) That said deed of trust securing said note in favor of Lender, and any renewals or extensions thereof, shall unconditionally be and remain at all times a lien or charge on the property therein described, prior and superior to the lien or charge of the deed of trust first above mentioned. (2) That Lender would not make its loan above described without this subordination agreement. (3) That this agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the deed of trust first above mentioned to the lien or charge of the deed of trust in favor of Lender above referred to and shall supersede and cancel, but only insofar as would affect the priority between the deeds of trust hereinbefore specifically described, any 412 of 416 prior agreement as to such subordination including, but not limited to, those provisions, if any, contained in the deed of trust first above mentioned, which provide for the subordination of the lien or charge thereof to another deed or deeds of trust or to another mortgage or mortgages. Beneficiary declares, agrees and acknowledges that (a) He/She consents to and approves (i) all provisions of the note and deed of trust in favor of Lender above referred to, and (ii) all agreements, including but not limited to any loan or escrow agreements, between Owner and Lender for the disbursement of the proceeds of Lender's loan; (b) Lender in making disbursements pursuant to any such agreement is under no obligation or duty to, nor has Lender represented that it will, see to the application of such proceeds by the person or persons to whom Lender disburses such proceeds and any application or use of such proceeds for purposes other than those provided for in such agreement or agreements shall not defeat the subordination herein made in whole or in part; (c) He/She intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the deed of trust first above mentioned in favor of the lien or charge upon said land of the deed of trust in favor of Lender above referred to and understands that in reliance upon, and in consideration of, this waiver, relinquishment and subordination specific loans and advances are being and will be entered into which would not be made or entered into but for said reliance upon this waiver, relinquishment and subordination; and (d) An endorsement has been placed upon the note secured by the deed of trust first above mentioned that said deed of trust has by this instrument been subordinated to the lien or charge of the deed of trust in favor of Lender above referred to. NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN A PORTION OF WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND. Community Development Commission — Housing Authority of the City of National City Raul Meza By: Ron Morrison, Chairman Claudia Meza Beneficiary Owner (All signatures must be acknowledged) IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. 413 of 416 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF SAN DIEGO } SS: On before me, Angelita Palma,a Notary Public, personally appeared Ron Morrison who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature FOR NOTARY SEAL OR STAMP A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF } SS: On before me, a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature FOR NOTARY SEAL OR STAMP 414 of 416 LEGAL DESCRIPTION Real property in the City of National City, County of San Diego, State of California, described as follows: LOT 13 AND THE SOUTH 15 FEET OF LOT 14, BLOCK 1 OF SUBDIVISION BY W.S. BULLIS, MAY 21, 1881 OF TEN ACRE LOT 14 OF QUARTER SECTION 153 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO, 201, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 27, 1881. ALSO THE SOUTHWESTERLY 10 FEET OF "E" AVENUE ADJOINING THE ABOVE DESCRIBED PROPERTY ON THE NORTHEAST, AS CLOSED JULY 20, 1915, BY RESOLUTION NO. 477 OF THE BOARD OF TRUSTEES OF THE CITY OF NATIONAL CITY. APN: 560-231-11-00 415 of 416 RESOLUTION NO. 2018 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE A SUBORDINATION AGREEMENT ALLOWING A NEW MORTGAGE NOT -TO -EXCEED $97,000 TO BE AND REMAIN A LIEN PRIOR AND SUPERIOR TO A COMMUNITY DEVELOPMENT COMMISSION FIRST-TIME HOMEBUYER PROGRAM LOAN ON A SINGLE-FAMILY RESIDENCE LOCATED AT 1832 "E" AVENUE IN NATIONAL CITY WHEREAS, Raul Meza and Claudia Meza (the "Borrowers") are the owners of a single-family residence located at 1832 "E" Avenue in National City; and WHEREAS, on March 11, 2002, the Community Development Commission (CDC) of the City of National City made a loan for $18,300 from the CDC's First -Time Homebuyer Program to assist in the purchase of a single-family residence; and WHEREAS, the Borrowers desire to refinance the existing first mortgage to reduce the interest rate to 4.375% for a term of 30 years with a new mortgage with a principal amount not -to -exceed $97,000 from Wells Fargo Bank, N.A. ("Lender"); and WHEREAS, in order to provide the loan, the Lender requires the subordination of the Deed of Trust that secures the CDC funds. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission -Housing Authority of the City of National City hereby authorizes the Chairman to execute a Subordination Agreement and any other Escrow related documents as necessary. After being recorded by the County of San Diego, the Subordination Agreement will be on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of April, 2017. ATTEST: Leslie Deese, Secretary APPROVED AS TO FORM: Angil P. Morris City Attorney Ron Morrison, Chairman 416 of 416