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Agenda Packet - 11-20-18 CC HA Agenda
AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY CALIFORNIA NATIONAL (I y r^�13J'1� \- INCORPORATED RON MORRISON Mayor ALBERT MENDIVIL Vice Mayor JERRY CANO Councilmember MONA RIOS Councilmember ALEJANDRA SOTELO-SOLIS Councilmember 1243 National City Blvd. National City, CA 91950 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, NOVEMBER 20, 2018 - 6:00 PM ORDER OF BUSINESS: Public sessions of all Regular Meetings of the City Council / Community Development Commission - Housing Authority (hereafter referred to as Elected Body) begin at 6:00 p.m. on the first and third Tuesday of each month. Public Hearings begin at 6:00 p.m. unless otherwise noted. Closed Meetings begin in Open Session at 5:00 p.m. or such other time as noted, and after announcing closed session items, convenes into a Closed Meeting. 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 1 of 607 CC/CDC-HA Agenda 11/20/2018 — Page 2 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 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 607 CC/CDC-HA Agenda 11/20/2018 — Page 3 OPEN TO THE PUBLIC A. CITY COUNCIL CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG PUBLIC COMMENTS (THREE -MINUTE TIME LIMIT) PROCLAMATIONS AWARDS AND RECOGNITIONS 1. Employee Service Recognition - Marie Hernandez, Senior Police Dispatcher. (Police) 2. Employee Service Recognition - Mary I. Gaffney, Police Dispatcher. (Police) PRESENTATIONS 3. Circulate San Diego Momentum Awards - Healthy Community Award - Downtown Specific Plan. (Steve Manganiello, Acting Deputy City Manager) 4. The San Diego Architectural Foundation - Orchids and Onions Awards - Orchid for Placemaking for the Old Town Market Makeover. (Brad Raulston, Deputy City Manager) 5. ARTS (A Reason to Survive) Update. (James Halliday, ARTS, Executive Director) 6. Airport Development Plan; Optimizing SAN to Meet Future Demands. (Mark West, San Diego County Regional Airport Authority Board Member and City of Imperial Beach Mayor Pro Tem) 7. SANDAG Accomplishments. (Terry Sinnott, Chair, SANDAG Board of Directors and City of Del Mar Councilmember) INTERVIEWS / APPOINTMENTS 8. Interviews and Appointments: Various Boards & Commissions. (City Clerk) 3 of 607 CC/CDC-HA Agenda 11/20/2018 — Page 4 CONSENT CALENDAR 9. 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) 10. 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 April 3, 2018 and the Special Meetings of the City Council of the City of National City of April 3, 2018, April 17, 2018, and October 16, 2018 and the Corrected Minutes of the Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City of April 4, 2017. (City Clerk) 11. Resolution of the City Council of the City of National City approving effective January 1, 2019, the salary schedule for the Part -Time and Seasonal employee classifications, as amended: 1) adjusting upward classifications with salary ranges below the 2019 State of California minimum wage; and 2) adjusting upward classifications impacted by the salary compression resulting from the minimum wage increases. (Human Resources) 12. Resolution of the City Council of the City of National City adopting City Council Policy #203, "Investments," as amended, for Fiscal Year 2018, amending subsection 12 of Section VIII and adding "Asset -backed securities" to the Glossary of Investment Terms. (Finance) 13. Resolution of the City Council of the City of National City waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the Mayor to execute an Agreement with West Coast Arborists, Inc., for specialized tree trimming, removal, and planting services from December 1, 2018 to June 30, 2019 for an amount not to exceed $95,000 by piggybacking onto the City of Encinitas' Urban Forestry Maintenance Services Contract. (Engineering/Public Works) 14. Resolution of the City Council of the City of National City, 1) authorizing the City Manager to accept up to $5,569,000 in TransNet Active Transportation Grant Program (ATGP) funds for the 8th Street and Roosevelt Avenue Active Transportation Corridor Project, if awarded by the San Diego Association of Governments (SANDAG) through a funding exchange with the Cycle 4 Regional Active Transportation Grant Program; 2) committing to providing $1,422,000 in matching funds from sources other than the TransNet ATGP; and 3) authorizing the City Manager to execute a grant agreement with SANDAL. (Engineering/Public Works) 4 of 607 CC/CDC-HA Agenda 11/20/2018 — Page 5 15. Resolution of the City Council of the City of National City, 1) authorizing the City Manager to accept up to $1,286,000 in TransNet Active Transportation Grant Program (ATGP) funds for the Central Community Mobility Enhancements Project, if awarded by the San Diego Association of Governments (SANDAG) through a funding exchange with the Cycle 4 Regional Active Transportation Grant Program; 2) committing to providing $197,000 in matching funds from sources other than the TransNet ATGP; and 3) authorizing the City Manager to execute a grant agreement with SANDAL. (Engineering/Public Works) 16. Resolution of the City Council of the City of National City, 1) authorizing the City Manager to accept up to $5,421,000 in TransNet Active Transportation Grant Program (ATGP) funds for the Bayshore Bikeway - Segment 5 Project, if awarded by the San Diego Association of Governments (SANDAG) through a funding exchange with the Cycle 4 Regional Active Transportation Grant Program; 2) committing to providing $970,000 in matching funds from sources other than the TransNet ATGP; and 3) authorizing the City Manager to execute a grant agreement with SANDAL. (Engineering/Public Works) 17. Resolution of the City Council of the City of National City, 1) authorizing the City Manager to accept up $942,000 in TransNet Active Transportation Grant Program (ATGP) funds for the National City Bike Wayfinding Project, if awarded by the San Diego Association of Governments (SANDAG) through a funding exchange with the Cycle 4 Regional Active Transportation Grant Program; and 2) authorizing the City Manager to execute a grant agreement with SANDAG. (Engineering/Public Works) 18. Resolution of the City Council of the City of National City, 1) authorizing the City Manager to accept up $1,215,000 in TransNet Active Transportation Grant Program (ATGP) funds for the Highland Avenue Inter -City Bike Connections Project, if awarded by the San Diego Association of Governments (SANDAG) through a funding exchange with the Cycle 4 Regional Active Transportation Grant Program; and 2) authorizing the City Manager to execute a grant agreement with SANDAG. (Engineering/Public Works) 19. Resolution of the City Council of the City of National City, 1) authorizing the City Manager to accept up $1,488,000 in TransNet Active Transportation Grant Program (ATGP) funds for the Paradise Creek Multi - Use Path Project, if awarded by the San Diego Association of Governments (SANDAG) through a funding exchange with the Cycle 4 Regional Active Transportation Grant Program; and 2) authorizing the City Manager to execute a grant agreement with SANDAG. (Engineering/Public Works) 5 of 607 CC/CDC-HA Agenda 11/20/2018 — Page 6 20. Resolution of the City Council of the City of National City, 1) authorizing the City Manager to accept up $1,487,000 in TransNet Active Transportation Grant Program (ATGP) funds for the Sweetwater Road Protected Bikeway - Phase 2 Project, if awarded by the San Diego Association of Governments (SANDAG) through a funding exchange with the Cycle 4 Regional Active Transportation Grant Program; and 2) authorizing the City Manager to execute a grant agreement with SANDAG. (Engineering/Public Work) 21. Resolution of the City Council of the City of National City authorizing the installation of red curb "No Parking" at the intersection of Sweetwater Road and Via Romaya to improve visibility at the intersection. (TSC No. 2018-27). (Engineering/Public Works) 22. 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 & Orange Street and the intersection of E. 16th Street & Prospect Street to improve visibility at the intersection. (TSC No. 2018-28). (Engineering/Public Works) 23. Resolution of the City Council of the City of National City authorizing the installation of Stop control signs for the northbound and southbound "La Siesta" Way and "Valle Vista" Avenue approaches to the intersection at E. 20th Street to enhance safety at the intersection (TSC No. 2018-29). (Engineering/Public Works) 24. Resolution of the City Council of the City of National City authorizing the installation of Stop control signs for the northbound "B" Avenue and "C" Avenue approaches to the intersection at E. 27th Street to enhance safety at the intersection (TSC No. 2018-30). (Engineering/Public Works) 25. National City Sales Tax Update Newsletter - Second Quarter 2018. (Finance) 26. Warrant Register #13 for the period of 09/19/18 through 09/25/18 in the amount of $2,140,962.89. (Finance) 27. Warrant Register #14 for the period of 09/26/18 through 10/02/18 in the amount of $1,568,564.85. (Finance) 28. Warrant Register #15 for the period of 10/03/18 through 10/09/18 in the amount of $2,200,455.60. (Finance) 29. Warrant Register #16 for the period of 10/10/18 through 10/16/18 in the amount of $746,192.50. (Finance) PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS 6 of 607 CC/CDC-HA Agenda 11/20/2018 — Page 7 30. Public Hearing and Adoption of an Ordinance of the City Council of the City of National City amending the National City Municipal Code by amending Chapter 18.24.050 (Allowed land uses and permit requirements), 18.30.230 (Tobacco specialty shops), and 18.50 (Glossary) of Title 18 (Zoning) of the National City Municipal Code related to electronic smoking devices. (Applicant: City -Initiated Land Use Amendment) (Case File 2018-23 A) (Planning) 31. Public Hearing and Introduction of an Ordinance of the City Council of the City of National City amending the National City Municipal Code by amending Chapter 9.37 (Prohibition of Smoking in Open Air Dining Areas), Chapter 9.38 (Restricting the sale, display and promotion of tobacco products or cigarettes to minors), and Chapter 10.52 (Regulations for the use of municipal parks, playgrounds and golf courses) related to electronic smoking devices. (Applicant: City -Initiated Land Use Amendment) (Case File 2018-23 A) (Planning) NON CONSENT RESOLUTIONS 32. Resolution of the City Council of the City of National City authorizing the City Manager to execute a Purchase and Sale Agreement and Joint Escrow Instructions for the sale of a 500 square foot parcel of vacant land located along "A" Avenue in front of 1835 "A" Avenue in National City to the Betty Winona McLintock Revocable Trust. (Housing & Economic Development) 33. Resolution of the City Council of the City of National City approving the Memorandum of Understanding (MOU) between the City and the National City Municipal Employees Association with effective dates of July 1, 2018 - June 30, 2020. (Human Resources) 34. Resolution of the City Council of the City of National City adopting City Council Policy No. 120 - "Selection of Vice Mayor". (City Manager) NEW BUSINESS 35. Notice of Decision Planning Commission approval of a Conditional Use Permit modification to extend the days of operation for a former Head Start Program located at 1805 East 17th Street. (Applicant: Tim Captain for First Christian Church) (Case File 2018-24 CUP) (Planning) 36. Notice of Decision — Planning Commission approval of a Conditional Use Permit and Coastal Development Permit for a gas station, convenience store with beer and wine sales, and bike shop to be located at 724 Civic Center Drive in the Coastal Zone. (Applicant: Stosh Podeswik) (Case File 2018-19 CUP, CDP) (Planning) 7 of 607 CC/CDC-HA Agenda 11/20/2018 — Page 8 37. Temporary Use Permit — Perry Chrysler requesting to use the vacant lots located at 1105 National City Boulevard, 1123 National City Boulevard and 41 E. 12th Street for storage of vehicles from November 20, 2018 thru May 20, 2019 with no waiver of fees. (Neighborhood Services) 38. Community and Police Relations Commission (CPRC) 2016 and 2017 Annual Reports. (City Manager) 39. City Council Meeting Schedule for December 2018 and January 2019. (City Clerk) B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY CONSENT RESOLUTIONS - HOUSING AUTHORITY PUBLIC HEARINGS: RESOLUTIONS - HOUSING AUTHORITY NON CONSENT RESOLUTIONS - HOUSING AUTHORITY NEW BUSINESS - HOUSING AUTHORITY C. REPORTS STAFF REPORTS MAYOR AND CITY COUNCIL CLOSED SESSION REPORT ADJOURNMENT Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday - December 4, 2018 - 6:00 p.m. - Council Chamber - National City, California. 8 of 607 CC/CDC-HA Agenda 11/20/2018 — Page 9 The following page(s) contain the backup material for Agenda Item: Employee Service Recognition - Marie Hernandez, Senior Police Dispatcher. (Police) Please scroll down to view the backup material. 9 of 607 anCALIFORNIA — NM -ATONAL CITY �ORPOR5 City of National City MEMORANDUM DATE: October 23, 2018 TO: Esther Clemente, Executive Assistant IV (City Manager's Office) Josie Flores -Clark, Executive Assistant IV (Mayor's Office) FROM: Lilia Munoz, Human Resources Analyst tY { SUBJECT: EMPLOYEE SERVICE RECOGNITION The following City employee will be completing her 30 years of service with the City of National City on November 1, 2018: NAME: Marie Hernandez POSITION: Senior Police Dispatcher HIRED: November 1, 1988 As part of the Employee Recognition Program, the employee wishes to have the opportunity to receive a City Council Recognition at the Council Meeting of Tuesday, November 20, 2018 at 6pm. If this is acceptable, please make the necessary arrangements. The anniversary letter, service pin, and gift card selection memo will be sent prior to the meeting. Thank you. cc: Manuel Rodriguez, Chief of Police Marie Hernandez, Senior Police Dispatcher H:\Recognition Program 10 of 607 CC/CDC-HA Agenda 11/20/2018 — Page 11 The following page(s) contain the backup material for Agenda Item: Employee Service Recognition - Mary I. Gaffney, Police Dispatcher. (Police) Please scroll down to view the backup material. 11 of 607 . OALIFORNI4 y11,!!►TIONAL, Cnir i hi i iNCORpOxnT£11 City of National City MEMORANDUM DATE: October 23, 2018 TO: Esther Clemente, Executive Assistant IV (City Manager's Office) Josie Flores -Clark, Executive Assistant IV (Mayor's Office) FROM: Lilia Munoz, Human Resources Analyst SUBJECT: EMPLOYEE SERVICE RECOGNITION The following City employee will be completing her 35 years of service with the City of National City on November 14, 2018: NAME: Mary I. Gaffney POSITION: Police Dispatcher HIRED: November 14, 1983 As part of the Employee Recognition Program, the employee wishes to have the opportunity to receive a City Council Recognition at the Council Meeting of Tuesday, November 20, 2018 at 6pm. If this is acceptable, please make the necessary arrangements. The anniversary letter, service pin, and gift card selection memo will be sent prior to the meeting. Thank you. cc: Manuel Rodriguez, Chief of Police Mary Gaffney, Police Dispatcher H:1Recognilion Program 12 of 607 CC/CDC-HA Agenda 11/20/2018 — Page 13 The following page(s) contain the backup material for Agenda Item: Circulate San Diego Momentum Awards - Healthy Community Award - Downtown Specific Plan. (Steve Manganiello, Acting Deputy City Manager) Please scroll down to view the backup material. 13 of 607 Item # 11/20/18 CIRCULATE SAN DIEGO MOMENTUM AWARDS HEALTHY COMMUNITY AWARD - DOWNTOWN SPECIFIC PLAN Steve Manganiello Acting Deputy City Manager 14 of 607 CC/CDC-HA Agenda 11/20/2018 — Page 15 The following page(s) contain the backup material for Agenda Item: The San Diego Architectural Foundation - Orchids and Onions Awards - Orchid for Placemaking for the Old Town Market Makeover. (Brad Raulston, Deputy City Manager) Please scroll down to view the backup material. 15 of 607 Item # 11/20/18 THE SAN DIEGO ARCHITECTURAL FOUNDATION ORCHIDS AND ONIONS AWARDS ORCHID FOR PLACEMAKING FOR THE OLD TOWN MARKET MAKEOVER Brad Raulston Deputy City Manager 16 of 607 CC/CDC-HA Agenda 11/20/2018 — Page 17 The following page(s) contain the backup material for Agenda Item: ARTS (A Reason to Survive) Update. (James Halliday, ARTS, Executive Director) Please scroll down to view the backup material. 17 of 607 Item # 11/20/18 ARTS (A REASON TO SURVIVE) UPDATE James Halliday ARTS, Executive Director 18 of 607 Projects and Programs Summary A REASON To SURVIVE January 2018 - September 2018 Executive Summary 2018 has been quite a year so far! After getting through the big transition of 2017, ARTS has resumed programming and built a lean team of creative youth development professionals to provide valuable arts education and community engagement opportunities for youth. So far this year, we've seen more than 400 kids come through our space, as well as engaged 60 local volunteers and presented three works of public art - in particular, the "market makeover" of the Old Town Market & Deli (formerly Big B Market). We've also served as a community resource for numerous creative youth -focused events. In the spring, we embarked on a strategic planning process to define what ARTS will look like in the future, to put us on a strong, sustainable path so that we can increase our impact on the youth of National City. Projects and Programs "Market Makeover" (Old Town Market & Deli) Our team worked with more than 60 local kids to design, build, and install a number of aesthetic improvements to market. That work has transformed the entire city block to make the site more welcoming and accessible to residents. ARTS After School: Classes are back We hosted a full run of after -school classes (visual arts, media arts, music, and industrial arts in our Maker Workshop) this spring , summer, and fall, with 20 classes on offer from 8 qualified teaching artists. We grew enrollment with each sessions - more than 100 kids are taking part in the Fall 2018 session - and we're looking forward to even more youth and families getting involved in 2019! Community ARTS: We hosted numerous youth -focused community events attended by more than 400 kids, including the Paradise Creek Gathering Place (Kimball Park), Design Challenge Internships (with Sweetwater HS), workshops with the Port of San Diego, and the Arts Amplifying Youth Summit. Financial Impact Projects & Programs Personnel Materials Overhead (20% ) Other Value In -Kind Volunteer Equivalent 1 t . R`�AsnN;Tr''s'v'1iv1>/rr: 2018 Jan - Mar $ 27,260 $ 5,452 2,500 8,727 Apr - Jun Jul - Sep 55,851 $ 2,901 11,750 68,933 8,084 15,403 2,500 5,000 8,727 8,727 Oct - Dec ( projected ) $ 55,000 2,500 11,500 2,500 8,727 Total Value Accumulated Total Gap to Goal $ 43,938 $ 81,729 $ 43,938 125,667 (193,062) (111,333) 106,147 $ 231,814 (5,186) 80,227 312,041 Estimated $ $ 46,500 $ 27,000 $ 13,000 Progress towards goal 350,000 300,000 250,000 200,000 150,000 100,000 50,000 Actual Amounts Due to City $ 237,000 ( Current Lease $ 125,000 + Unpaid Rent $ 112,000 ) 19 of 607 A Reason to Survive Projects and Programs Worksheet January February March April May June July August September Projects & Programs Personnel Project Leads $ $ $ 6,175 $ 4,077 $ 6,312 $ 3,300 $ 11,543 $ 845 $ Project Support Team - - - 1,030 855 4,396 3,612 3,038 Teaching Artists 300 4,093 5,581 2,201 4,091 7,726 Primary Staff James Halliday ( 80% ) Laura Aparacio Nadia Nunez Materials Administrative 4,000 4,000 5,096 846 1,720 5,122 4,000 4,000 3,520 3,310 1,514 3,430 4,000 7,056 2,000 6,000 5,176 3,499 3,499 3,674 2,433 453 2,448 5,183 722 Operations Team James Halliday ( 20%) 1,000 1,000 1,274 1,000 1,000 1,000 1,764 500 1,500 Linda Fisher -DuBois 1,364 1,715 3,248 2,526 1,932 3,308 1,937 2,745 2,502 T. Hampton Dohrman 2,809 2,213 1,306 2,328 2,280 2,138 3,373 Other Operating Expenses 9,792 8,804 9,281 8,293 8,192 8,464 11,031 8,535 8,370 Total Operations $ 12,156 $ 14,328 $ 16,016 $ 13,125 $ 13,451 $ 15,051 $ 16,869 $ 11,780 $ 15,744 Personnel Materials January February March April May June July August September $ 4,846 $ 5,720 $ 16,693 $ 16,720 $ 20,058 $ 19,074 $ 29,801 $ 17,108 $ 17,051 $ - $ - $ - $ - $ 453 $ 2,448 $ 5,183 $ 722 $ 20 of 607 CC/CDC-HA Agenda 11/20/2018 — Page 21 The following page(s) contain the backup material for Agenda Item: Airport Development Plan; Optimizing SAN to Meet Future Demands. (Mark West, San Diego County Regional Airport Authority Board Member and City of Imperial Beach Mayor Pro Tem) Please scroll down to view the backup material. 21 of 607 Item # 11/20/18 AIRPORT DEVELOPMENT PLAN; OPTIMIZING SAN TO MEET FUTURE DEMANDS Mark West San Diego County Regional Airport Authority Board Member and City of Imperial Beach Mayor Pro Tenn 22 of 607 SAN DIEGO Airport Development Plan Optimizing SAN to meet future demand SEPTEMBER 2018 INTERNATIONAL AIRPORT LET'S Presented by: Councilmember Mark West, Board Member San Diego County Regional Airport Authority 23 of 607 A Regional Asset 1928-2018 SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY = 500 SAN passengers w/ SD County zip code 24 of 607 Growing Regional Demand 22 Million Passengers Annually 95% Origin/ Destination Customers 25 of 607 1990 1993 1996 1999 2002 2005 2008 2011 2014 2017 2020 2023 2026 2029 2032 2035 2038 2041 2044 2047 2050 Enplaned Passengers (millions) N N U1 0 In NJ 0 NJ U'1 0 "'S 0 r. cm 70 (D uct a) 0 3 DJ a. SA COUNTY REGIONAL AIRPORT AUTHORITY More Flight Destinations 27 of 607 Critical Economic Driver Total Economic Impact LEGOL ©ND ANZA-BORREGO DEIERT 1TATE PARK SAN mew%MP zO. AQUATICA. Economic Impact of International Flights SAN DIEGO COUNT Y REGIONAL AIRPORT AUTHORITY Total Visitor Spending Local & Small Business Development 28 of 607 SAN's Total Economic Impact San Diego International Airport Economic Impact Study PREPARED FOR: SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY —1, r.rl �` n •11,1N' 9 • ' AlilPCA ��. , HWYOP D.vt LOTNM1 • SAN's economic impact grew from $9.2 billion in 2012 to $11.9 billion in 2017 — an increase of 29% in five years • SAN supports 117,971 jobs in the region — an increase of 31% since 2012 29 of 607 Recognized Sustainability Leadership 100% Clean Fuel LEED Gold or Better Bus & Shuttle Fleet (New Construction) SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY 80% Renewable Electricity Taxi & Rideshare GHG Reduction Incentives 8 30 of 607 Recent Site Efficiency Improvements Green Build Terminal 2 Expansion (2013) Rental Car Center (2016) SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY Parking Plaza (May 2018) International Arrivals Facility (June 2018) 9 31 of 607 Existing Constraints Single runway will not be expanded SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORIT T1 Aged Inefficient No post -security connections, single -level road & curbfront Taxiway Separation Not standard ford larger aircraft (i.e. 777,787) 32 of 607 Primary Components (ADP Phases la + 1b) Airfield ® Terminal "1 Terminal 1 R. Replacement (la = 22-gates) i (1b = 8-gates) Airfield Apron & Taxiway A/B Upgrades Ground Transportation 1 ) Future Transit Access & Processing Intermodal Transit Center (ITC by SANDAG) & Processing Existing On -Airport Link Road 11 33 of 607 LEED Silver Certification (or better) SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY On -Airport Entry & Loop Roadways Reduces traffic congestion On -the -Ground Aircraft Efficiencies Reduces taxiing & emissions Sustainable Design Features Expanded EV Charging Airside & landside Hydrant Fuel System Replaces airfield tanker trucks Stormwater Capture & Reuse Over 9 million gallons of storage 12 34 of 607 Innovation Lab Helps innovators Get Into The Develop, build & test new airport -related products and services in provided space Access to a 3,500 sq. ft terminal -like space to test prototypes and possible access to a terminal with 22M passengers per year Guided collaboration between companies, A...A innovators and industry executives and experts Opportunity for implementation of successful ideas at SAN SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY 35 of 607 Schedule of Environmental Review / Milestones Timeframe January 2017 March 2017 July 9, 2018 September 7, 2018 Sept - Dec 2018 CY 2019 CY 2020 / 2023 Action Notice of Preparation Released & Scoping Meetings Held Board reviews ADP and directs staff to: ■ Include on -airport entry road ■ Create Harbor Drive Mobility Committee Release Draft EIR for 60-Day Public Review Period End of Public Review Period / All Comments Due Review Comments Received / Prepare Responses to Comments Prepare Final EIR for Board to Certify Conduct NEPA Environmental Review / CA Coastal Act Review Begin Construction / Terminal 1 Replacement Opens (Phase la) 14 36 of 607 r•-• 0 co 't:5 r•-• co CC/CDC-HA Agenda 11/20/2018 — Page 38 The following page(s) contain the backup material for Agenda Item: SANDAG Accomplishments. (Terry Sinnott, Chair, SANDAG Board of Directors and City of Del Mar Councilmember) Please scroll down to view the backup material. 38 of 607 Item # 11/20/18 SANDAG ACCOMPLISHMENTS Terry Sinnott, Chair, SANDAG Board of Directors and City of Del Mar Councilmember 39 of 607 SANDAL 4 SANDAG UPDATE National City City Council I November 20, 2018 • e SANDAG Update • 2017 Region Update / Video • National City Accomplishments • 2018 SANDAG Focus • Outreach to National City SANDAG 41 of 607 We are a region .... a network of transportation choices. CAANDAG Camp Pendleton Oct,ans•d. Carlsbad Solana Beach Big Picture: All Traffic that Originates or Terminates in National City (Inflow and Outflow) Encinitas Del Mar 16% of the vehicle miles traveled (VMT) associated with National City occurs within the city3 134% of the VMT occurs outside National City 2L000 AOT 7,0001 AOT 100I ADT Note: Due to wide differences in population and size between jurisdictions, the scales of the maps in this Info Bulletin often differ from map to map. ',ES ...CAW Tr ( 5 JDAG 'Onanete a rennnae xww110e pradMkn. Source.' 2212SANDAD ActMtyaesed Model (ScenaoID. 227) t"} Tijuana, B.C. San Marcos San Die Coronado Imperial Beach Pala Recervarin,n Pauma and Yuan,: Reservation Rincon Reservation Et Cajon 15 San Di -go --.Ili La Jel,.. Rnservr!, UNITED STATES MEXICO 42 of 607 Video: 2017 Highlights • Mid -Coast Trolley • Gilman Drive Bridge • North Coast Corridor — Lagoon Restoration • South Bay Rapid • 1-15 Rapid Stations • NCTD Train Stations • LOSSAN Double Tracking • Bicycle Trails • Genesee Avenue Interchange • Otay Mesa East Border Crossing • SR 125 Toll Road • iCommute Program • Autonomous Vehicle Testing National City Accomplishments • TransNet Extension local roads allocation: - FY17: $1,382,047 - To Date: $10,850,120 • Opened: 2.25-mile portion a Bayshore Bikeway in National City. Will eventually extend 24 miles around San Diego Bay. • Awarded: $50,000 Transportation Development Act/TransNet Active Transportation Grant to design, fabricate, and install custom bike racks • Participated: South Bay Energy Action Collaborative and San Diego Regional Climate Collaborative 2018: Executive Director Recruitment • Nationwide search for new Executive Director • Extensive public and stakeholder outreach • Board approved contract September 14 • Hasan Ikhrata, current SCAG Executive Director • Joins SANDAG on Dec. 3 CSANDAG 2018 - Plan of Excellence An action plan committed to listening to stakeholders, learning from experience, and leading continual improvement Organization Data structure governance Stakeholder communication Transparency initiatives Regional forecasting practices Records Independent management performance audits (ANDAG Cost and revenue plans 2018 - SANDAG Initiatives • Large capital project FY18 expenditures i- Mid -Coast Trolley extension $312 Million Build NCC $106 Million South Bay Rapid .$28 Million State Route 11 /Otay Mesa East $36 Million • Development of San Diego Forward: The 2019-2050 Regional Plan • Implement TransNet and Regional Bike Plan • Regional Housing Needs Assessment • SB1: Approximately $1 billion awarded to region • Operations: South Bay Expressway, 1-15 FasTrak, and Motorist Aid Services 2018 -Outreach and Communications • Outreach a high SANDAG priority — Member agencies and partners — Other local agencies — Public and a wide range of stakeholders • Tours of major worksites available — Mid -Coast Trolley Extension — South Bay Rapid — North Coast Corridor • Regional Plan opportunity for National City — Extensive outreach in October — Next wave of outreach coming soon • How can we communicate better? Questions? • Subscribe to Region, the SANDAG monthly newsletter at sandag.org/region • Social Media — Facebook — SANDAGregion — Twitter — SAN DAG — YouTube — SANDAGregion — Instagram — SANDAGregion CC/CDC-HA Agenda 11/20/2018 — Page 50 The following page(s) contain the backup material for Agenda Item: Interviews and Appointments: Various Boards & Commissions. (City Clerk) Please scroll down to view the backup material. 50 of 607 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE November 20, 2018 AGENDA ITEM NO. ITEM TITLE Interviews and Appointments: Various Boards & Commissions. (City Clerk) PREPARED BY: Michael R. Dalla DEPARTMENT: City Cler1 PHONE: 619-336-4226 APPROVED BY: o EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Interview and appoint as desired. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Explanation Applications S1 of Rf17 1 BOARDS & COMMISSIONS — CURRENT VACANCIES AND EXPIRED TERMS November 20, 2018 CIVIL SERVICE COMMISSION (Appointing Authority: City Council) There is one (1) expiring term on the Civil Service Commission (William Sendt), and there is one applicant (Paul Wapnowski). Name Interviewed Paul Wapnowski No COMMUNITY AND POLICE RELATIONS COMMISSION - CPRC (Appointing Authority: Mayor, subject to confirmation by City Council and successful completion of a background check) There is one (1) vacancy on the CPRC. There are three (3) applicants (Coyote Moon, Andy Sanchez and Chris Butcher). Name Interviewed Coyote Moon Yes (currently on Traffic Safety) Andy Sanchez Yes Chris Butcher No LIBRARY BOARD OF TRUSTEES (Appointing Authority: Mayor subject to confirmation by City Council) There is one (1) vacancy on the Library Board and one (1) expiring terms (Gloria Bird). There are no new applicants. PARKS, RECREATION & SENIOR CITIZENS ADVISORY BOARD (PRSCAB) (Appointing Authority: Mayor subject to confirmation by City Council) There is one vacancy (Saragosa). There are no applicants. PUBLIC ART COMMITTEE (Appointing Authority: Mayor subject to confirmation by City Council) There is one (1) expired term (Micaela Polanco) on the Public Art Committee. Micaela Polanco does not wish re -appointment. There are no applicants. TRAFFIC SAFETY COMMITTEE (Appointing Authority: Mayor, subject to confirmation by City Council) There is one (1) vacancy on the Traffic Safety Committee and one (1) applicant. Name Interviewed Gloria Pangelinan No 1 52 of 607 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES _ Community ¢ Ponce Relations Commission' (CFRC) �, Civil Service Committee _ Library Board of Trustees _X_ Planning Commission Parks, Recreation & Senior Citizens Advisory Board Public Art Committee' _ Veterans & Military Families Advisory Committee' ; Traffic Safety Committee a Applicants must be realdents of the Clty of National City except for those marked by an • end all applicants must be U.S. Citizens. a Appl(darlt$ fOP•tfte'CortimUfityihnd Pace Ralationi Commission rnust pass i a In1,ackground check prior to appointment. "� M ^<c� O ..I Name: Paul Wapnowskl Home Address: 2120 B Avenue Business Affiliation: None Business Address: 2900 Highland Avenue E-Mail: pwapnowskl@gmail,con Tel. No.: 819-405-0175 Title: Classroom Teacher Tel. No.: 619-474-9700 Length of Residence. in National City: 10 YRS San Diego County: 41 YRS California: 41 YRS Educational Background: AA Liberal Arts (SDCC) BA Sociology (SDSU) MA Educational Leadership (Plymouth State University) Occupational Experience: None Professional or Technical Organization Memberships: None Civic or Community Experience, Membership, or Previous Public Service Appointments: As GM of the Holiday Inn and Head baseball coach at Sweetwater High School, I have had experience In engaging community groups in various context. Experience or Special Knowledge Pertaining to Area of Interest: None Have•you ever been convicted of a felony crime? No:_X_ Yes: misdemeanor crime? No:_X_ Yea: If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide en explanation or Information regarding yes answers to the above two questions. Date:08113/2018 Signature: Please feel free to provide addltionaf information or letters of endorsement. Return completed form to: Office of the City. Clerk, 1243 National Clty Blvd., National City, CA 91950 Thank you for your Interest In serving the City of National City. This documents irr filed as a public document Revised: March 2017 • 1 53 of 607 Montgomery Adult School Imperial Beach Adult Education Center 3240 Palm Avenue, San Diego, CA 92154.1598 Tel: (619) 600.3800 Fax: (619) 423.7876 UNION HIGH SC►400l DISTRICT Principal: Wesley Braddock E-mail: wesley.braddockaeweetwaterschoois.org Email: samanthe.barbs®sweetwaterschools.org School Administrative Assistant: Samantha Barba To Whom It May Concern, It is Indeed my pleasure to write thls letter of recommendation for Mr. Paul Wapnowskl as he applies for a position as "citizen appointee" on the National City Planning Commission. I've known Paul since the early 90's when he was my student during my days as a teacher at Sweetwater High School. Later, I had the good fortune to hire him as a member of the teaching staff at that same school. He has always wanted to "come back to give back" to his school and now, his community. Paul was born and raised In National City and is passionate about both its past and clearly, its future. He has a daughter who attends elementary school in the National School District and for that reason, as well as too many other reasons to list here, Paul has a vested Interest In the city that he dearly loves. l personally believe that Paul would be an excellent choice for your Commission. i hope that you give his application great consideration. Feel free to contact me If you have any questions or need ciariflcation on any of the aforementioned points. Sincerely, Principal. Montgomery Adult School Sweetwettr Union High School ONtrict programs and ectiv Idea shall be free ham dlstriminallon basedmoil, on gender, sec. Color, religion, ancestry, national origin, ethnic group Identiflcatlon, mantel Or parental status, physlcel or mental dieaalllty, sexual orientation Or the perception of one or more of wdi charectetisttds. • SUNSO Board policy 0e10 2 54 of 607 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES x Community & Police Relations Commission* (CPRC) _ Library Board of Trustees Parks, Recreation & Senior Citizens Advisory Board Veterans & Military Families Advisory Committee* Civil Service Committee _ Planning Commission Public Art Committee* Traffic Safety Committee ➢ Applicants must be residents of the City of National City except for those marked by an * and all applicants must be U.S. Citizens. Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: CHRIS BUTCHER Home Address: 667 PARADISE WAY E-Mail: CBUTCHER2800@GMAIL.COM Business Affiliation: CLOUD NOW LLC Business Address: 667 PARADISE WAY Tel, No.: 949-310-0990 Title: PRESIDENT Length of Residence in National City: 6 Tel. No.: 949-310-0990 San Diego County: 35 California: 50 Educational Background: MARIAN CATHOLIC HIGH SCHOOL 1980-1984, SAN DIEGO STATE UNIVERSITY 1984-1989 NATIONAL UNIVERSITY 1991-1994 Occupational Experience: HIGH SCHOOLTEACHER 1991-2000 AT HOOVER HIGH & IRVINE HIGH SCHOOLS, TELECOMMUNICATIONS CONSULTING AND SALES FROM 2000-CURRENT Professional or Technical Organization Memberships: HIGH SCHOOL SECONDARY SCHOOL TEACHING CREDENTIAL (EXPIRED), FORTINET NETWORK SECURITY EXPERT 2018 Civic or Community Experience, Membership, or Previous Public Service Appointments: ORANGE, IRVINE AND NATIONAL CITY CHAMBER OF COMMERCE 2000-2006, BOARD OF DIRECTOR AT NATIONAL CITY CHAMBER OF COMMERCE 2016.2017. Experience or Special Knowledge Pertaining to Area of interest: zo IT NATIONAL CITY CtIAMDCR VOL.UNTECR or THE YEAH & 2017AMBASSADOR OF 1 HE YEAR. CURRENTLY ON BOARD OF THE NATIONAL CITY POLICE & FIRE FOUNDATION. EXTENSIVE VOLUNTEER AND LEADERSHIP EXPERIENCE Have you ever been convicted of a felony crime? NoL Yes:_ misdemeanor crime? No:L Yes:_ If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. Cate: 10/15/2018 Signature: Please feel free to provide additionaTinformation or letters of endorsement. Return completed form to: Office of the City Clerk, 1243 National City Blvd., National City, CA 91950 Thank you for your interest in serving the City of National City. This documents is filed as a public document Revised: March 2017 3 55 of 607 Supplemental Application: National City Community and Police Relations Commission The National City Community and Police Relations Commission serves as an independent, unbiased and impartial office that is readily available to the public. It is an organization for the improvement of police and community relations and the facilitation of disputes whenever possible. It provides a forum for citizens to voice their concerns, comment about police conduct, practices and policies and improves communication between citizens and the National City Police Department The National City Community and Police Relations Commission is empowered to receive and review complaints regarding National City Police Department Personnel for alleged misconduct, and to recommend appropriate changes of Police Department policies and procedures toward the goals of safeguarding the rights of persons and promoting higher standards of competency, efficiency and justice in the provision of community policing services. Applicants must be completely forthright and truthful during the application process. Applicants may be disqualified in the background process as a result of dishonesty and/or purposely omitting information regarding one's criminal history. Given the complexity of this Commission and its duties, it is necessary to pass a criminal background check prior to appointment by City Council and/or swearing in as Commissioner. Upon conditional appointment the Human Resources department will contact you to schedule the criminal background process when, and if appropriate. It is important to note that you fill out this application completely and honestly to the best of your abilities. Failure to disclose your criminal history may result in disqualification. If a conviction has been expunged disclosure is not required. Have you ever been convicted of a felony crime: No: x Yes: Have you been convicted of a misdemeanor: No: x Yes: If any convictions were expunged disclosure is not required. Please feel free to provide an explanation or information regarding yes answers to the above two questions. There may be circumstances that could disqualify an applicant from the background process beyond the listed crimes below. Each incident is evaluated in terms of the circumstances and facts surrounding its occurrence and its degree of relevance to the position. Disqualifying criteria for Community and Police Relations Commissioner: ** See attached table 4 56 of 607 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Community & Police Relations Commission* (CPRC) Library Board of Trustees Parks, Recreation & Senior Citizens Advisory Board Veterans & Military Families Advisory Committee* Civil Service Committee _ Planning Commission Public Art Committee* _x_ Traffic Safety Committee Applicants must be residents of the City of National City except for those marked by an * and all applicants must be U.S. Citizens. Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: Gloria D. Pangelinan E-Mail: gdpangelinan@hotmail.com Home Address: _2021 N Avenue, National City, Ca 91950 _Tel. No.: _ (cell) 619-808-5347 Business Affiliation: Retired Business Address: N/A Title: Tel. No.: Length of Residence in National City: 1988, San Diego County: 1977, California: 1964 Educational Background: _Two Associate Degrees from Southwestern CCD Occupational Experience: Previous administrative/clerical experience in Human Resources, Payroll Svcs, Risk Mgnt, and Title V (Soft Money Funding Source) at Southwestern CCD Professional or Technical Organization Memberships: None Civic or Community Experience, Membership, or Previous Public Service Appointments: _Active Volunteer with Meals on Wheels; Norman Senior Center Participant (Chula Vista); community volunteer with AARP (local south bay metro chapter) Experience or Special Knowledge Pertaining to Area of Interest: _Active senior citizen with my own car commuting everyday throughout National City and the neighboring communities at all times during day and night. I am keenly aware of the roads conditions, traffic situations, bus stop locations, and pedestrian foot traffic. Have you ever been convicted of a felony crime? No:_X_ Yes: misdemeanor crime? No:_ Yes:_ If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. Date: l qq( f S' Signature: 57 of 607 CC/CDC-HA Agenda 11/20/2018 — Page 58 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) Please scroll down to view the backup material. 58 of 607 Item # 11/20/18 MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE WAIVING OF THE READING OF THE TEXT OF THE ORDINANCES CONSIDERED AT THIS MEETING AND PROVIDING THAT SUCH ORDINANCES SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING OF THE TITLE ONLY. (City Clerk) 59 of 607 CC/CDC-HA Agenda 11/20/2018 — Page 60 The following page(s) contain the backup material for Agenda Item: 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 April 3, 2018 and the Special Meetings of the City Council of the City of National City of April 3, 2018, April 17, 2018, and October 16, 2018 and the Corrected Minutes of the Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City of April 4, 2017. (City Clerk) Please scroll down to view the backup material. 60 of 607 Item # 11/20/18 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 APRIL 3, 2018 AND THE SPECIAL MEETINGS OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY OF APRIL 3, 2018, APRIL 17, 2018, AND OCTOBER 16, 2018 AND THE CORRECTED MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF APRIL 4, 2017. (City Clerk) 61 of 607 Book 100 / Page 56 04-03-2018 DRAFT DRAFT DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY April 3, 2018 The Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City was called to order at 6:07 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL Council / Board members present: Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Administrative Officials present: Dalla, Deese, Denham, Duong, Manganiello, Morris -Jones, Parra, Raulston, Roberts, Rodriguez, Vergara, Williams, Yano, Ybarra. Others present: City Treasurer Mitch Beauchamp and Student Representative Erika Gastelum. PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON PUBLIC COMMENTS Brian Clapper, National City, extended an invitation to a fund raising spaghetti dinner for the Maytime Band Review Committee. Coyote Moon, National City, reviewed the code enforcement issues she experienced on her property and called for an investigation of Council Member Cano. Andrew McKercher, National City, supports an investigation of Council Member Cano and his code violation history. Gloria Jean Nieto, National City, said Council Member Cano should resign because of his code violation history and called for an investigation. Elizabeth Lopez, National City, recounted what happened to her family as a result of code violations and said that they are still homeless. PRESENTATIONS COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2018 (102-10-13) 1. Introduction of New Employee Roberto Yano, Deputy City Engineer. (Engineering/Public Works) 2. NewSchool of Architecture's Vision for National City's Downtown Specific Plan. (Daniela Deutsch, Professor) 1 62 of 607 CITY COUNCIL CONSENT CALENDAR Book 100 / Page 57 04-03-2018 ADOPTION OF CONSENT CALENDAR. Item No. 3 (NCMC), Item No. 4 (Minutes), Item Nos. 5 through 7 (Resolution Nos. 2018-45 through 2018-47), Item No. 8 (Temporary Use Permit), Item Nos. 9 and 10 (Warrant Registers). Motion by Sotelo- Solis, seconded by Rios, to approve the Consent Calendar. Carried by unanimous vote. MUNICIPAL CODE 2018 (506-2-33) 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 MINUTES (103-2-1) 4. 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 NOVEMBER 7, 2017 AND SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY OF MARCH 20, 2018. (City Clerk) ACTION: Approved. See above. EQUIPMENT / VEHICLE PURCHASE ADMIN (209-1-1) 5. Resolution No. 2018-45. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE FORMAL BID PROCESS CONSISTENT WITH NATIONAL CITY MUNICIPAL CODE SECTION 2.60.260 REGARDING COOPERATIVE PURCHASING AND AUTHORIZING THE CITY (BUYER) TO 1) PIGGYBACK ON THE NATIONAL JOINT POWERS ALLIANCE (NJPA) CONTRACT #081716-NAF TO AWARD THE PURCHASE OF ONE 2018 INTERNATIONAL 4300 SBA 4X2 (MA025) 33,000 GVWR TRUCK WITH 5-7 YARD DUMP BODY TO NATIONAL AUTO FLEET GROUP IN AN AMOUNT NOT TO EXCEED $111,166.43, AND (2) APPROPRIATING AN ADDITIONAL $5,173.13 TO THE EQUIPMENT REPLACEMENT RESERVE - STREETS FUND. (Engineering/Public Works) ACTION: Approved. See above. 2 63 of 607 Book 100 / Page 58 04-03-2018 CONSENT CALENDAR (cont.) CONTRACT (C2017-49) 6. Resolution No. 2018-46. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A THIRD AMENDMENT TO THE AGREEMENT WITH AIR QUALITY COMPLIANCE SOLUTIONS, INC., DBA; RELY ENVIRONMENTAL, FOR ON -CALL ENVIRONMENTAL COMPLIANCE MANAGEMENT SERVICES, INCREASING THE NOT -TO -EXCEED AMOUNT OF THE AGREEMENT BY $50,000, FOR A TOTAL AGREEMENT AMOUNT OF $200,000, FOR A TERM OF TWO YEARS, WITH THE OPTION TO EXTEND FOR AN ADDITIONAL PERIOD OF UP TO ONE YEAR. (Engineering/Public Works) ACTION: Approved. See above. GRANT / COMMUNITY SERVICES (206-4-26) 7. Resolution No. 2018-47. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RETROACTIVELY APPROVING THE FILING OF AN APPLICATION FOR THE COUNTY OF SAN DIEGO'S COMMUNITY ENHANCEMENT PROGRAM GRANT FOR FISCAL YEAR 2019 IN THE AMOUNT OF $10,000 FOR THE CITY'S ANNUAL EVENT, "A KIMBALL HOLIDAY AND TREE LIGHTING CEREMONY". (Community Services) ACTION: Approved. See above. TEMPORARY USE PERMITS 2018 (203-1-34) 8. Temporary Use Permit — The 10th Annual GranFondo San Diego Fun Bike Ride sponsored by GranFondo Cycling Tours on April 8, 2018 from 7:15 a.m. to 5 p.m. with no waiver of fees. (Neighborhood Services) ACTION: Approved. See above. WARRANT REGISTER JULY 2017 - JUNE 2018 (202-1-32) 9. Warrant Register #34 for the period of 02/14/18 through 02/20/18 in the amount of $1,622,899.17. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2017 - JUNE 2018 (202-1-32) 10. Warrant Register #35 for the period of 02/21/18 through 02/27/18 in the amount of $1,749,883.71. (Finance) ACTION: Ratified. See above. 3 64 of 607 Book 100 / Page 59 04-03-2018 PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS TRANSPORTATION SANDAG REPORTS GENERAL ADMIN (802-2-1) 11. Resolution No. 2018-48. PUBLIC HEARING ON THE ADOPTION OF A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE PREVIOUSLY ADOPTED TRANSPORTATION DEVELOPMENT IMPACT FEE (TDIF) SCHEDULE AND ANNUAL ADJUSTMENT TO THE TDIF, PURSUANT TO NATIONAL CITY MUNICIPAL CODE SECTION 4.52.100 AND CONSISTENT WITH GOVERNMENT CODE SECTION 66017, APPROVING AN ADJUSTMENT TO THE TDIF OF 3.3 PERCENT, AS REQUIRED BY THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR RECEIPT OF TRANSNET LOCAL STREET IMPROVEMENT REVENUES, RESULTING IN THE TDIF INCREASING FROM $2,405 PER NEW RESIDENTIAL DWELLING UNIT TO $2,484 PER UNIT BEGINNING JULY 1, 2018. (Engineering/Public Works) RECOMMENDATION: Hold Public Hearing on the adoption of a Resolution increasing the TDIF from $2,405 per new residential dwelling unit to $2,484 per unit beginning July 1, 2018. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Cano, to close the Public Hearing. Carried by unanimous vote. Motion by Mendivil, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. PROP A TRANSNET (RTIP) ADMIN (205-5-1) 12. Resolution No. 2018-49. PUBLIC HEARING ON THE ADOPTION OF A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) APPROVING THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR NATIONAL CITY FOR FISCAL YEARS 2019 THROUGH 2023 CONSISTING OF THE FOLLOWING PROJECTS FOR INCLUSION IN THE 2018 REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM (RTIP): PLAZA BLVD WIDENING (NC01), STREET RESURFACING (NC03), TRAFFIC SIGNAL INSTALL/UPGRADES (NC04) AND CITYWIDE SAFE ROUTES TO SCHOOL (NC15); AND 2) AUTHORIZING THE ESTABLISHMENT OF A TRANSNET PROPOSITION A FUND APPROPRIATION OF $1,066,000 FOR FY 2019 AND CORRESPONDING REVENUE BUDGET. (Engineering/Public Works) RECOMMENDATION: Hold Public Hearing on the adoption of a Resolution approving the TransNet Local Street Improvement Program of Projects for National City for Fiscal Years 2019 through 2023 for inclusion in the RTIP. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Cano, to close the Public Hearing. Carried by unanimous vote. Motion by Sotelo-Solis, seconded by Mendivil, to adopt the Resolution. Carried by unanimous vote. 4 65 of 607 Book 100 / Page 60 04-03-2018 PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS (cont.) HOUSING AUTHORITY 2018 (404-1-7) 13. Resolution No. 2018-50. PUBLIC HEARING ON THE ADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE ISSUANCE BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY OF MULTIFAMILY HOUSING REVENUE BONDS WITH NO FISCAL IMPACT TO THE CITY AND NOT TO EXCEED $80,000,000 IN OUTSTANDING AGGREGATE PRINCIPAL TO FINANCE THE ACQUISITION AND REHABILITATION OF AN EXISTING 372-UNIT MULTIFAMILY RENTAL HOUSING PROJECT KNOWN AS SUMMERCREST APARTMENTS LOCATED AT 2601-2717 PLAZA BOULEVARD IN NATIONAL CITY. (Housing & Economic Development) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Cano, to close the Public Hearing. Carried by unanimous vote. Motion by Sotelo-Solis, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. NON CONSENT RESOLUTIONS NEW BUSINESS CONDITIONAL USE PERMITS 2018 (403-32-2) 14. Notice of Decision — Planning Commission approval of a Conditional Use Permit for the on -site sale of beer and wine at an existing seafood restaurant (The Ace Crab) located at 3403 East Plaza Boulevard Suite E. (Applicant: Ty Van Vo) (Case File 2018-03 CUP) (Planning) RECOMMENDATION: File the Notice of Decision. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Mendivil, to approve the CUP and file the Notice of Decision. Carried by the following vote, to - wit: Ayes: Cano, Mendivil, Morrison, Rios. Nays: Sotelo-Solis. Absent: None. Abstain: None. CONDITIONAL USE PERMITS 2018 (403-32-2) 15. Notice of Decision — Planning Commission approval of a Conditional Use Permit for the substitution of nonconforming use at an existing building located at 1845 East 12th Street. (Applicant: lona Sharp (Case File 2018-05 CUP) (Planning) RECOMMENDATION: Approve the Conditional Use Permit. 5 66 of 607 Book 100 / Page 61 04-03-2018 CONDITIONAL USE PERMITS 2018 (403-32-2) 15. Notice of Decision (continued). TESTIMONY: The following individuals voiced their opposition to the Conditional Use Permit: Marco Gomez, National City, Robert, Stacy and Tamarie Tigh, National City, Laura and Rosalie Zarate, National City. Michael Sharf answered questions from the Council on behalf of Applicant Iona Sharf. ACTION: Motion by Sotelo-Solis, seconded by Mendivil, to set for a Public Hearing on May 1st. Carried by unanimous vote. B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY PUBLIC HEARINGS: RESOLUTIONS - HOUSING AUTHORITY HOUSING AUTHORITY 2018 (404-1-7) 16. Resolution No. 2018-62. PUBLIC HEARING ON THE ADOPTION OF A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY (HACNC), STREAMLINED ANNUAL PLAN FOR PUBLIC HOUSING AGENCY (PHA) FOR FISCAL YEAR 2018 - 2019 AUTHORIZING THE SUBMITTAL OF THE PHA PLAN TO THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Housing & Economic Development) RECOMMENDATION: Conduct the Public Hearing and adopt the Resolution. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Rios, to close Public Hearing. Carried by unanimous vote. Motion by Mendivil, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. NON CONSENT RESOLUTIONS - HOUSING AUTHORITY HOUSING AUTHORITY 2018 (404-1-7) 17. Resolution No. 2018-63. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY (HACNC), APPROVING THE REVISIONS TO THE HOUSING CHOICE VOUCHER PROGRAM'S ADMINISTRATIVE PLAN, AND AUTHORIZING SUBMITTAL OF THE PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Housing & Economic Development) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Rios, seconded by Mendivil, to adopt the Resolution. Carried by unanimous vote. 6 67 of 607 Book 100 / Page 62 04-03-2018 C. REPORTS STAFF REPORTS Emergency Services Director Frank Parra reported on the Youth Wellness Program, Firefighter Friends in Training (FFIT), being undertaken by the National City Fire Department to increase interaction with youth and promote healthy habits and exercise. Finance Director Mark Roberts clarified the FY 2019 Budget Adoption Date will be at the Regular Meeting of June 19th rather than on June 12th as previously planned. MAYOR AND CITY COUNCIL Member Mendivil highlighted the weekend carnival event at Cornerstone Church and the 'Love they Neighborhood' group visit to the Senior Living facility at 2525 Highland Avenue. Member Sotelo-Solis commended the public for their attendance and participation at the meeting; encouraged people to be careful on the road now that school is back in session and praised the recent Special Meeting on Housing. Member Rios expressed her disappointment in Member Cano for not setting a good example for the community by not complying with permitting processes and addressing the numerous code violations at his residence. Member Rios suggested that Mr. Cano not participate in the following votes due to a conflict of interest which derives from personal benefit while he is in official capacity. Motion by Rios, seconded by Sotelo-Solis, to place on the April 17th agenda, a discussion on giving direction to the City Attorney to hire an outside third party to investigate Mr. Cano, according to the Government Code Article 87100 which states that 'no public official at any level of state or local government shall make or participate in making or in any way attempt to use his official position to influence a government or staff decision in which he knows, or has reason to know, that he has a financial interest. Carried by the following vote, to -wit: Ayes: Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: Cano. Member Mendivil quoted scripture on "casting the first stone" and "you will reap what you sow". He wondered about the motive and what Member Rios wants to know that she doesn't already know. He asked for clarification from the City Attorney if an outside third -party is needed to learn what we want to learn. City Attorney Morris -Jones responded that it depends on whether or not there was a misuse of power and that there should be an outside party investigating the matter. 7 68 of 607 Book 100 / Page 63 04-03-2018 MAYOR AND CITY COUNCIL (cont.) A second motion was made by Rios, to bring back for a discussion to bring a resolution at the April 17th meeting to censure Mr. Cano for bringing discredit upon the City by his conduct. The fourteen (14) violations with Building Codes, and failing to make the corrections in a timely fashion, and also to direct the Chief Building Official to fine Mr. Cano $100 per violation, per day, as is consistent with past practices. Motion died for lack of a second. A request was made by Member Sotelo-Solis for the maker of the motion to separate the motion into two. The maker agreed. Motion by Rios, seconded by Sotelo-Solis, to place on the April 17th agenda, a discussion to bring a resolution directing the Chief Building Official to fine Mr. Cano $100 per violation per day as is consistent with past practices. Motion failed by the following vote, to -wit: Ayes: Rios, Sotelo-Solis. Nays: Mendivil, Morrison. Absent: None. Abstain: Cano. Member Rios made the following statement, "For those of you who were here earlier today and the Housing folks came up to have a photo, there was a staff person who asked us to move together. I moved toward Mr. Cano. He has expressed to the City Attorney that I touched him inappropriately. I am saying this out loud, not because again that this is pleasant for me because I don't want him to take that and to make it an issue; and so now it is out there publically". Member Cano responded "Yes, unfortunately, I will address that with you and the City Attorney behind closed doors, um, because your touching was very unappropriate; this is not the first or the second time you've done it and it needs to stop. You have something about jumping on every picture and everybody needs their space and if you see a picture you're going to see that Mendivil gives Ms. Solis her space, Ms. Solis gave the Mayor space, and I gave the Mayor his space. For one reason or another, what you did, it was unappropriate, very unappropriate". Mayor Morrison praised several family -oriented events that occurred over the past weekend that shows what our city can be when it wants to be. Member Sotelo-Solis stated that she felt very uncomfortable with accusations flying and to know that one or both of her colleagues feel that there was inappropriateness. She suggested to the Chair to help by bringing ways to facilitate how to take group pictures comfortably. Mayor Morrison responded that everyone is an adult and he Chairs but does not babysit. CLOSED SESSION REPORT There was no Closed Session Report. 8 69 of 607 Book 100 / Page 64 04-03-2018 ADJOURNMENT Motion by Mendivil, 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 — April 17, 2018 - 6:00 p.m. - Council Chambers - National City, California. Carried by unanimous vote. Regular Meeting of the City Council and Community Development Commission Housing Authority of the City of National City - Tuesday - April 17, 2018 - 6:00 p.m. - Council Chambers - National City, California. The meeting closed at 8:03 p.m. City Clerk The foregoing minutes were approved at the Regular Meeting of November 20, 2018. Mayor UPCOMING SPECIAL MEETING: Tuesday, April 17, 4:00 p.m. — Homeless Outreach Workshop BUDGET SCHEDULE - FY 2019: Tuesday, May 8, 2018, 5:00 p.m. - Budget Presentation Tuesday, May 29, 2018, 5:00 p.m. Tuesday, June 12, 2018, 6:00 p.m. Budget Workshop / Preliminary - Budget Workshop - Budget Hearing / Adoption 9 70 of 607 Book 100 / Page 55 04-03-2018 DRAFT DRAFT DRAFT MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CAPITAL IMPROVEMENT PROGRAM NEEDS ASSESSMENT WORKSHOP April 3, 2018 The Special Meeting of the City Council of the City of National City was called to order at 4:08 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL Council / Board members present: Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Administrative Officials present: Dalla, Deese, Manganiello, Raulston, Roberts PUBLIC COMMENTS — None. 1. Capital Improvement Program Needs Assessment Workshop — Presentation. STAFF REPORT: Presentations were made by City Engineer/Public Works Director Steve Manganiello, Deputy City Manager Brad Raulston, and Mike Myers, the City's Consultant from Engineering Advisors. ACTION: There were questions and comments by the City Council. No action was taken. NOTE: All presentation materials are attached as Exhibit "A". ADJOURNMENT Motion by Sotelo-Solis, seconded by Mendivil, to adjourn the meeting to the next Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City to be held - Tuesday — April 3, 2018 at 6:00 p.m. at the Council Chambers, National City, California. Carried by unanimous vote. Next Regular City Council Meeting: Tuesday, April 3, 2018, 6:00 p.m., City Council Chambers, Civic Center — National City, California. The meeting closed at 5:09 p.m. City Clerk The foregoing minutes were approved at the Regular Meeting of November 20, 2018. Mayor 10 71 of 607 Book 100 / Page 65 04-17-2018 DRAFT DRAFT DRAFT MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY HOMELESS OUTREACH WORKSHOP April 17, 2018 The Special Meeting of the City Council of the City of National City was called to order at 4:09 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL Council / Board members present: Cano, Morrison, Rios, Sotelo-Solis. Council / Board members absent: Mendivil. Administrative Officials present: Dalla, Deese, Morris -Jones, Raulston, Smith, Vergara. 1 Homeless Outreach Workshop — Presentation Armando Vergara, Neighborhood Services Director, provided an overview of homelessness and outreach in the City and an update on continuing efforts and challenges to address the situation. Kathryn Durant, San Diego Regional Task Force on the Homeless, presented the results of the annual 'We All Count" Regional Homelessness Census. Jennifer Flores, San Diego County Health and Human Services Department, reported on the Hepatitis 'A' prevention efforts in National City. Frank Parra, Director of Emergency Services provided information on Fire and Medical Service responses involving homeless persons. Acting Police Captain Graham Young and Police Lieutenant Robert Rounds addressed homeless specific calls for service for 1916-1917, crime cases and arrests and provided some proposed response options. Angelita Palma, Acting Housing & Economic Development Manager, discussed Transitional Housing Efforts, Rental Assistance Programs and HUD funded grant activities that provide housing assistance for 1123 families. Don Jasmund, Street & Wastewater Superintendent presented information and photos of homeless encampment and clean-up efforts by Public Works crews. Joe Olson, City Code Enforcement Officer, reviewed Code Enforcement Efforts by the Neighborhood Services Department. Amy Gonyeau, Chief Operating Office of the Alpha Project, presented an overview of Alpha Project services, Outreach and Engagement, Direct Accomplishments and success stories. Armando Vergara, Neighborhood Services Director, concluded the presentations by summarizing next steps and objectives going forward. Note: All presentation materials are attached as Exhibit "A". 11 72 of 607 Book 100 / Page 65a 04-17-2018 PUBLIC COMMENTS Tracy Morgan Hollingworth, Pacific Southwest Association of Realtors, shared information on their association and stated that they applied for a National Association of Realtors Grant that allowed them to develop an app called, "Get it Done", which is on the City of San Diego website. The app will reach out to 80% of the homeless who own cell phones. Roberto Garcia, Planning Commissioner, National City, expressed his appreciation for the City addressing the homelessness issues but was concerned with the cost in money and resources being expended by the City. Members retired into Closed Session at 5:59 p.m. CLOSED SESSION CITY COUNCIL 2. Real Property Transaction — Government Code Section 54956.8 Property Description: 1430 Hoover Avenue Assessor Parcel No: 560-061-15-00 Agency Negotiator: Brad Raulston Negotiating Parties: Mark Lewkowitz Under Negotiation: Price and terms of payment ADJOURNMENT Next Regular City Council Meeting: Tuesday, April 17, 2018, 6:00 p.m., City Council Chambers, Civic Center — National City, California. City Clerk The foregoing minutes were approved at the Regular Meeting of November 20, 2018. Mayor 12 73 of 607 Book 100 / Page XX 10-16-2018 DRAFT DRAFT DRAFT MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY October 16, 2018 The Special Meeting of the City Council of the City of National City was called to order at 4:30 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL Council / Board members present: Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Administrative Officials present: Dalla, Deese, Morris -Jones, Raulston CITY COUNCIL OPEN SESSION PUBLIC COMMENTS — None. Members retired into Closed Session at 4:51 p.m. CLOSED SESSION 1. Conference with Labor Negotiators — Government Code Section 54957.6 Agency Designated Representatives: Eddie Kreisberg, Mark Roberts, Irene Mosley, Jose Tellez, and Lilia Munoz Employee Organization: Police Officers' Association 2. Conference with Labor Negotiators — Government Code Section 54957.6 Agency Designated Representatives: Eddie Kreisberg, Mark Roberts, Robert Hernandez, Irene Mosley, and Lilia Munoz Employee Organization: Firefighters' Association 3. Conference with Labor Negotiators — Government Code Section 54957.6 Agency Designated Representatives: Eddie Kreisberg, Mark Roberts, Irene Mosley, Alfredo Ybarra, and Lilia Munoz Employee Organization: Municipal Employees' Association 4. Conference with Legal Counsel — Potential Litigation: Two cases Potential Litigation Pursuant to Government Code Section 54956.9(e)(1) 13 74 of 607 Book 100 / Page XX 10-16-2018 ADJOURNMENT Next Regular City Council Meeting: Tuesday, October 16, 2018, 2018, 6:00 p.m., City Council Chambers, Civic Center — National City, California. City Clerk The foregoing minutes were approved at the Regular Meeting of November 20, 2018. Mayor 14 75 of 607 Book 99 / Page 57 04-04-2017 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY (Corrected) April 4, 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 Council / Board members present: Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Administrative Officials present: Dalla, Deese, Duong, Eiser, Manganiello, Roberts, Stevenson, Vergara, Williams, Ybarra. Others present: City Treasurer Mitch Beauchamp and Student Representative Jose Estrada. PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON PUBLIC COMMENTS Jacqueline Reynoso, Chamber of Commerce CEO, extended an invitation to the Chamber's Annual Job Fair on April 12th Karen Clayton, Spring Valley, spoke in support of a ban on pet stores. Lawrence Emerson, National City, provided information on the benefits and programs available for electric vehicles. Jesus Preciado, National City, spoke in support of developing tourism in National and suggested efforts begin on locating a cruise ship terminal at 24th Street. PROCLAMATIONS PROCLAMATION ADMIN (102-2-1) 1. Proclaiming the month of April, 2017 as "Fair Housing Month" PRESENTATIONS COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2017 (102-10-12) 2. The National City Police Department will provide a presentation on the improvements to the Police Facility. The improvements include upgrades to storage, electrical and waterproofing. (Police) 15 76 of 607 Book 99 / Page 58 04-04-2017 INTERVIEWS / APPOINTMENTS BOARDS & COMMISSIONS ADMIN (101-1-1) 3. Interviews and Appointments: Planning Commission. (City Clerk) ACTION: Ballots were distributed for a vacant position on the Planning Commission. Mr. Gonzalo Quintero received four votes (Cano, Morrison, Rios, Sotelo-Solis). David Garcia received one vote (Mendivil). Gonzalo Quintero was declared duly appointed to the Planning Commission. CITY COUNCIL CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 4 (NCMC), Item No. 5 (Minutes), Item Nos. 6 through 13 (Resolution No. 2017-40 through 2017-47), Item No. 14 (TUP), Item No. 15 (Report), Item Nos. 16 through 18 (Warrant Registers). Motion by Sotelo-Solis, seconded by Cano, to approve the Consent Calendar. Carried by unanimous vote. MUNICIPAL CODE 2017 (506-2-32) 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) ACTION: Approved. See above. APPROVAL OF THE MINUTES (103-2-01) 5. APPROVAL OF THE MINUTES OF THE REGULAR MEETINGS OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF SEPTEMBER 20, 2016 AND JANUARY 17, 2017. (City Clerk) ACTION: Approved. See above. FINANCIAL MANAGEMENT 2016-2017 (204-1-32) 6. Resolution No. 2017-40. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE APPROPRIATION OF $110,000 IN THE PLAZA BOULEVARD WIDENING CIP EXPENDITURE ACCOUNT FROM TRANSPORTATION DEVELOPMENT IMPACT FEE (TDIF) FUND BALANCE FOR CONSTRUCTION OF THE PLAZA BOULEVARD WIDENING PROJECT. (Engineering/Public Works) ACTION: Adopted. See above. 16 77 of 607 Book 99 / Page 59 04-04-2017 CONSENT CALENDAR (cont.) CONTRACT (C2017-18) 7. Resolution No. 2017-41. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE A COMPENSATION AGREEMENT WITH THE AFFECTED TAXING ENTITIES PERTAINING TO THE SALE OF A 1.07-ACRE PARCEL OF VACANT LAND LOCATED AT 1640 EAST PLAZA BLVD. IN NATIONAL CITY RETAINED BY THE CITY OF NATIONAL CITY FOR FUTURE DEVELOPMENT PURSUANT TO THE REVISED LONG RANGE PROPERTY MANAGEMENT PLAN. (Housing & Economic Development) ACTION: Adopted. See above. EQUIPMENT / VEHICLE PURCHASE ADMIN (209-1-1) 8. Resolution No. 2017-42. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACCEPTANCE OF THE LOWEST, RESPONSIVE, RESPONSIBLE BID, FOR THE BUILD OUT OF (1) 2017 CHEVROLET SUBURBAN, FOR THE FIRE DEPARTMENT FROM JOHNSON EQUIPMENT OF PERRIS, IN THE AMOUNT OF $32,325.40. (Finance) ACTION: Adopted. See above. MUNICIPAL CODE 2017 (506-2-32) 9. Resolution No. 2017-43. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE ISSUANCE OF A WRITTEN REPORT PERTAINING TO A MORATORIUM ORDINANCE PROHIBITING THE ISSUANCE OF MASSAGE TECHNICIAN PERMITS OR LICENSES FOR A PERIOD OF 45 DAYS, AND PROHIBITING NEW MASSAGE ESTABLISHMENTS FROM LOCATING WITHIN THE CITY FOR A PERIOD OF 45 DAYS. (City Attorney ACTION: Adopted. See above. GRANT / PUBLIC SAFETY (206-4-27) 10. Resolution No. 2017-44. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING THE ACCEPTANCE OF THE 3RD DISBURSEMENT FROM THE STATE OF CALIFORNIA AB109 GRANT FUND, ADMINISTERED THROUGH THE CITY OF SAN DIEGO IN THE AMOUNT OF $75,208.00, AND THE ESTABLISHMENT OF A FISCAL YEAR 2017 APPROPRIATION OF $75,208.00 AND A CORRESPONDING REVENUE BUDGET FOR MONITORING AND ASSISTING FRONTLINE LAW ENFORCEMENT IN OUR REGION WITH THE PROBLEMS ASSOCIATED WITH THE EARLY RELEASE OF NON-VIOLENT OFFENDERS FROM STATE PRISON. (Police) ACTION: Adopted. See above. 17 78 of 607 Book 99 / Page 60 04-04-2017 CONSENT CALENDAR (cont.) PARKING & TRAFFIC CONTROL ADMIN 2017 (801-2-38) 11. Resolution No. 2017-45. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING INSTALLATION OF A BLUE CURB DISABLED PERSONS PARKING SPACE WITH SIGN IN FRONT OF THE RESIDENCE AT 411 "T" AVENUE (TSC NO. 2017-07). (Engineering/Public Works) ACTION: Adopted. See above. PARKING & TRAFFIC CONTROL ADMIN 2017 (801-2-38) 12. Resolution No. 2017-46. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING INSTALLATION OF A BLUE CURB DISABLED PERSONS PARKING SPACE WITH SIGN IN FRONT OF THE RESIDENCE AT 1336 HARDING AVENUE (TSC NO. 2017-08). (Engineering/Public Works) ACTION: Adopted. See above. PARKING & TRAFFIC CONTROL ADMIN 2017 (801-2-38) 13. Resolution No. 2017-47. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING INSTALLATION OF A BLUE CURB DISABLED PERSONS PARKING SPACE WITH SIGN ON W. 18TH STREET, WEST OF THE CROSSWALK, IN FRONT OF KIMBALL ELEMENTARY SCHOOL LOCATED AT 302 WEST 18TH STREET (TSC NO. 2017-10). (Engineering/Public Works) ACTION: Adopted. See above. TEMPORARY USE PERMITS 2017 (203-1-33) 14. Temporary Use Permit — Halloween retail tent store hosted by Halloween Express at Westfield Plaza Bonita Mall from August 31, 2017 thru November 4, 2017 with no waiver of fees. (Neighborhood Services) ACTION: Approved. See above. FINANCIAL MANAGEMENT 2016-2017 (204-1-32) 15. Investment transactions for the month ended January 31, 2017. (Finance) ACTION: Filed. See above. WARRANT REGISTER JULY 2016 — JUNE 2017 (202-1-31) 16. Warrant Register #32 for the period of 02/01/17 through 02/07/17 in the amount of $1,954,554.52. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2016 — JUNE 2017 (202-1-31) 17. Warrant Register #33 for the period of 02/08/17 through 02/14/17 in the amount of $1,740,252.31. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2016 — JUNE 2017 (202-1-31) 18. Warrant Register #34 for the period of 02/15/17 through 02/21/17 in the amount of $473,307.79. (Finance) ACTION: Ratified. See above. 18 79 of 607 Book 99 / Page 61 04-04-2017 PUBLIC HEARINGS TRANSPORTATION DEVELOPMENT PLANNING ADMIN (802-3-1) 19. Public Hearing of the City Council of the City of National City to consider amending the previously adopted Transportation Development Impact Fee (TDIF) schedule and annual adjustment to the TDIF, pursuant to National City Municipal Code Section 4.52.100 and consistent with Government Code Section 66017, proposing to increase the TDIF by 2%, as required by San Diego Association of Governments (SANDAG), resulting in the fee adjusting from $2,357 per new residential dwelling unit to $2,405 per unit beginning July 1, 2017. (Engineering/Public Works) RECOMMENDATION: Hold Public Hearing to consider amending the previously adopted TDIF schedule and annual adjustment to the TDIF. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Cano, to close the Public Hearing. Carried by unanimous vote ORDINANCES FOR ADOPTION MUNICIPAL CODE 2017 (506-2-32) 20. Ordinance No. 2017-2434. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 11 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 11.70 REGULATING TAXICAB AND OTHER FOR -HIRE VEHICLES THROUGH ADOPTION OF SAN DIEGO METROPOLITAN TRANSIT SYSTEM (MTS) CODIFIED ORDINANCE NO. 11. (City Attorney) RECOMMENDATION: Adopt proposed Ordinance. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Mendivil, to adopt the Ordinance. Carried by unanimous vote NON CONSENT RESOLUTIONS TRANSPORTATION DEVELOPMENT PLANNING ADMIN (802-3-1) 21. Resolution No. 2017-48. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE PREVIOUSLY ADOPTED TRANSPORTATION DEVELOPMENT IMPACT FEE (TDIF) SCHEDULE AND ANNUAL ADJUSTMENT TO THE TDIF, PURSUANT TO NATIONAL CITY MUNICIPAL CODE SECTION 4.52.100 AND CONSISTENT WITH GOVERNMENT CODE SECTION 66017, APPROVING AN INCREASE IN THE TDIF BY 2%, AS REQUIRED BY SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG), RESULTING IN THE FEE ADJUSTING FROM $2,357 PER NEW RESIDENTIAL DWELLING UNIT TO $2,405 PER UNIT BEGINNING JULY 1, 2017. (Engineering/Public Works) RECOMMENDATION: Adopt the Resolution. TESTIMONY: Coyote Moon, National City, spoke in opposition. ACTION: Motion by Sotelo-Solis, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. 19 80 of 607 Book 99 / Page 62 04-04-2017 NON CONSENT RESOLUTIONS (cont.) CONTRACT (C2017-19) 22. Resolution No. 2017-49. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AWARDING A CONTRACT TO TRI-GROUP CONSTRUCTION AND DEVELOPMENT, INC. IN THE NOT -TO -EXCEED AMOUNT OF $915,818.00 FOR THE 18TH STREET PEDESTRIAN AND BICYCLE ENHANCEMENTS PROJECT, CIP NO. 16-10; 2) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $137,372.70 FOR ANY UNFORESEEN CHANGES; 3) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT; AND 4) ESTABLISHING APPROPRIATION OF REVENUES AND EXPENDITURES FOR $1,025,000.00 IN STATE ACTIVE TRANSPORTATION GRANT FUNDS FOR THE PROJECT. (Engineering/Public Works) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Rios, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. SD COUNTY WATER AUTHORIT ADMIN (907-01-12) 23. Resolution No. 2017-50. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SUPPORTING THE SAN DIEGO COUNTY WATER AUTHORITY'S LONG TERM WATER SUPPLY PLAN AND LITIGATION AGAINST THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA. (City Manager) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Rios, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. NEW BUSINESS TEMPORARY USE PERMITS 2017 (203-1-33) 24. Temporary Use Permit - 9th Annual Rock the Bay Triathlon sponsored by GranFondo Cycling Tours on Sunday, September 17, 2017 from 6:30 a.m. to 10:00 a.m. with no waiver of fees. (Neighborhood Services) RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees or in accordance to City Council Policy 802. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Cano, to approve staff recommendation. Carried by unanimous vote. 20 81 of 607 Book 99 / Page 63 04-04-2017 NEW BUSINESS (cont.) STREET VACATION ADMIN 2011-2020 (902-26-6) 25. A Request to Initiate a Street Vacation of a portion of undeveloped "M" Avenue between East 16th Street and East 14th Street. (Applicant: Ralph Gonzales) (Case File No. 2017-04 SC) (Planning) RECOMMENDATION: Staff recommends that the City Council initiate the street vacation. TESTIMONY: None. ACTION: Motion by Cano, seconded by Rios, to approve staff recommendation. Carried by unanimous vote. VICE MAYOR APPOINTMENT ADMIN (101-20-1) 26. Continued discussion on establishing a policy for selection of the Vice - Mayor. (City Manager) RECOMMENDATION: Provide direction to staff. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Cano, to adopt a variant of Version #1 of the City of La Mesa. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison. Nays: Rios, Sotelo-Solis. Abstain: None. Absent: None. POLITICAL SUPPORT ADMIN - INITIATIVES (102-04-1) 27. City Council Discussion and Direction on Assembly Bill (AB) 805 - County of San Diego: Transportation Agencies (Gonzalez -Fletcher). (City Manager) RECOMMENDATION: Staff recommends the City Council direct the City Manager to draft a letter expressing the City Council's concerns and opposition to Assembly Bill 805, as currently drafted. TESTIMONY: Aida Castaneda, representing Assemblywoman Lorena Gonzalez -Fletcher read a letter from the Assemblywoman urging support for her bill, AB 805. Carolina Martinez, representing the Environmental Health Coalition, spoke in support of AB 805. Victoria Barba, South Bay Democratic Club, read a letter of support for AB 805. Alicia Sanchez, National City, spoke in support of AB 805. Carolina Rodriguez-Adjunta, representing the Climate Action Campaign, spoke in support of AB 805. Trevor Sepulvida, spoke against the staff recommendation. Lawrence Emerson, National City, requested delaying action and working to make AB 805 better. Micah Mitrosky, representing IBEW 569, requested postponing action and not opposing AB 805. Jose Rodriguez, National City, spoke in support of AB 805 and opposition to staff recommendation. Randy VanVleck, San Diego, supports AB 805. Andrew Mckercher, National City, spoke in support of AB 805 and delaying action on the staff recommendation. 21 82 of 607 Book 99 / Page 64 04-04-2017 NEW BUSINESS (cont.) POLITICAL SUPPORT ADMIN - INITIATIVES (102-04-1) 27. ACTION (cont.): Motion by Sotelo-Solis, seconded by Rios, to postpone taking a vote until some of the questions raised can be addressed. Substitute motion by Morrison, seconded by Cano, to direct the City Manager to send a letter opposing AB 805 as written unless amended in the areas of voting and leadership positions. Substitute Motion Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison. Nays: Sotelo-Solis. Abstain: Rios. Absent: None. COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY PUBLIC HEARINGS — HOUSING AUTHORITY HOUSING AUTHORITY 2017 (404-1-6) 28. Public Hearing — Community Development Commission - Housing Authority of the City of National City (HACNC), Streamlined Annual Plan for Public Housing Agency (PHA) Plan for Fiscal Year 2017-2018, and authorizing submittal of the Plan to the U.S. Department of Housing and Urban Development (HUD). (Housing & Economic Development) RECOMMENDATION: Conduct the Public Hearing. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Mendivil, to close the Public Hearing. Carried by unanimous vote. NON CONSENT RESOLUTIONS — HOUSING AUTHORITY HOUSING AUTHORITY 2017 (404-1-6) 29. Resolution No. 2017-49. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY (HACNC), APPROVING THE STREAMLINED ANNUAL PUBLIC HOUSING AGENCY (PHA) PLAN FOR FISCAL YEAR 2017-2018, AND AUTHORIZING SUBMITTAL OF THE PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD). (Housing & Economic Development) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Mendivil, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. 22 83 of 607 Book 99 / Page 65 04-04-2017 NON CONSENT RESOLUTIONS — HOUSING AUTHORITY (cont.) HOUSING AUTHORITY 2017 (404-1-6) 30. Resolution No. 2017-50. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY (HACNC), APPROVING THE REVISIONS TO THE HOUSING CHOICE VOUCHER PROGRAM'S ADMINISTRATIVE PLAN, AND AUTHORIZING SUBMITTAL OF THE PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD). (Housing & Economic Development) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Mendivil, to adopt the Resolution. Carried by unanimous vote. STAFF REPORTS City Manager Leslie Deese reported that 35 applications for tiles have been received for the Veterans Wall of Honor. MAYOR AND CITY COUNCIL Student Council Representative Jose Estrada provided an update on the various briefings he has had and will be having with City departments and staff; extended an invitation to Sweetwater's Cultural Fest on April 7th and extended birthday wished to Sweetwater teacher Ms. Laura Charles on her 70th Birthday. City Treasurer Mitch Beauchamp shared his concerns about the Plaza and Palm Avenue construction project; traffic circulation issues with "M" Avenue and the potential disruption from Assembly Bill 805. Vice Mayor Mendivil praised the recent community beautification event at the former H & M Goodies site. Member Sotelo-Solis shared her family's fun experience at the H & M Goodies event; expressed her disappointment with the outcome of Item No. 27 and invited people to participate in the SUHI Alumni ball game. Member Rios informed everyone that the Philips family has requested donations be made to Relay for Life in lieu of flowers for Verna Phillips. NOTE: Minutes approved by the City Council on December 5, 2017 erroneously stated that there was nothing to report in Closed Session. The corrected report appears below. 23 84 of 607 Book 99 / Page 65a 04-04-2017 CLOSED SESSION REPORT Interim City Attorney George Eiser stated that the City Council met in closed session on April 4, 2017 pursuant to Government Code Section 54957 to consider the appointment of a City Attorney. The City Council decided unanimously to appoint a City Attorney, who is expected to begin employment on May 1, 2017. It is anticipated that an open session item will be placed on the April 18th City Council agenda for the Council to formally make the appointment. The City Council also appointed Senior Assistant City Attorney Nicole Pedone as Acting City Attorney to serve from April 19th through April 30th. (See attached Exhibit `L') ADJOURNMENT The meeting was adjourned in honor of Verna Phillips and Rosie Hamlin. Motion by Sotelo-Solis, seconded by Cano, to adjourn the meeting to the next Regular Meeting of the City Council and Community Development Commission — Housinq Authority of the City of National City — Budget Workshop to be held Tuesday, April 18, 2017 at 6:00 p.m. at the Council Chambers, National City, California. Carried by unanimous vote. The meeting closed at 9:58 p.m. City Clerk The foregoing (Corrected) minutes were approved at the Regular Meeting of November 20, 2018. Mayor BUDGET SCHEDULE - FISCAL YEAR 2018 Budget Workshop - April 25, 2017 - 4:00 p.m. Budget Hearing - June 6, 2017 - 6:00 p.m. CITY COUNCIL SUMMER LEGISLATIVE RECESS July 4, 2017 - City Council Meeting - Dispensed With July 18, 2017 - City Council Meeting - Dispensed With 24 85 of 607 EXHIBIT `L' CALIFORNIA NATIONAL CITY INCORPORATED AGENDA OF A SPECIAL MEETING CITY COUNCIL OF THE CITY OF NATIONAL CITY Main Conference Room Civic Center 1243 National City Boulevard National City, California Special Meeting - Tuesday, April 4, 2017 — 5:00 p.m. ROLL CALL CITY COUNCIL CLOSED SESSION 1. Public Employee Appointment Title: City Attorney Government Code Section 54957(b)(1) 2. Conference with Legal Counsel — Existing Litigation Significant Exposure to Litigation under Paragraph (1) of Subdivision (e) of Government Code Section 54956.9 One Potential Case ADJOURNMENT Next Regular City Council Meeting: Tuesday, April 4, 2017, 6:00 p.m., Council Chambers, Civic Center 25 86 of 607 CC/CDC-HA Agenda 11/20/2018 — Page 87 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving effective January 1, 2019, the salary schedule for the Part -Time and Seasonal employee classifications, as amended: 1) adjusting upward classifications with salary ranges below the 2019 State of California minimum wage; and 2) adjusting upward classifications impacted by the salary compression resulting from the minimum wage increases. (Human Resources) Please scroll down to view the backup material. 87 of 607 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 20, 2018 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving effective January 1, 2019, the salary schedule for the Part -Time and Seasonal employee classifications, as amended: 1) adjusting upward classifications with salary ranges below the 2019 State of California minimum wage; and 2) adjusting upward classifications impacted by the salary compression resulting from the minimum wage increases. PREPARED BY: Irene Mosley PHONE: 336-4308 EXPLANATION: On April 4, 2016, California Governor Jerry Brown signed Senate Bill 3 increasing California's minimui,ge each year until it reaches $15.00 on January 1, 2022. Effective January 1, 2019, minimum wage will increase to $12.00. Under the current City of National City compensation plan, there are eight classifications with top pay steps that are below $12.00. In order to comply with State law, staff hereby requests authorization to move those classifications to new salary ranges: Cashier, Dishwasher, Kitchen Aide, Police Cadet, Student Worker and Recreation Aide from pt048 to pt058; Recreation Leader I from pt051 to pt061; and Equipment Service Trainee from pt057 to pt067 effective January 1, 2019. Should the City Council approve this adjustment, the following classifications will also advance salary ranges in order to maintain the appropriate pay differentials within the classification series: Food Services Worker from pt058 to pt068; Recreation Leader II from pt059 to pt069; Recreation Specialist and Stock Clerk from pt064 to pt074; Recreation Leader III and Lifeguard from pt070 to pt079; Office Aide from pt071 to pt080; Seasonal Park Aide and Senior Lifeguard from pt080 to pt089; Library Clerk from pt072 to pt081; and Aquatics Manager from pt091 to pt100. DEPARTMENT: Human Resources APPROVED BY r/ FINANCIAL STATEMENT: APPROVED: I */444 ,� Finance ACCOUNT NO. The estimated fiscal impact for fiscal year 2019 is $10,064.00. Impacted departments may be able to absorb a portion of the estimated increase through salary savings. If necessary, adjustments to appropriations will be requested prior to the close of the fiscal year. ENVIRONMENTAL REVIEW: This is not a project and is therefore not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution approving the amendment to the salary schedule for the Part -Time and Seasonal employee classifications. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Resolution Part -Time and Seasonal Employee Salary Schedule 88 of 607 Exhibit A City of National City Human Resources Department PART-TIME and SEASONAL EMPLOYEE GROUP SALARY SCHEDULE January 1, 2019 POSITION TITLE SALARY RANGE HOURLY SALARY Aquatics Manager pt100 $14.66 — $17.81 Cashier pt058 $9.87 — $12.00 Dishwasher pt058 $9.87 — $12.00 Equipment Service Trainee pt067 $10.65 — $12.95 Food Services Worker pt068 $10.74 — $13.06 i Kitchen Aide pt058 $9.87 — $12.00 Librarian pt160 $24.94 — $30.31 Library Assistant pt099 $14.54 — $17.68 Library Clerk (Grant Funded) pt081 $12.02 — $14.61 Library Technician pt124 $18.04 — $21.93 Lifeguard/Swim Instructor pt079 $11.83 — $14.38 Management Intern (Graduate) N/A $16.00 Management Intern (Undergraduate) N/A $13.00 Office Aide pt080 $11.93 — $14.50 Police Cadet pt058 $9.87 — $12.00 1 I Page 1 89 of 607 Exhibit A City of National City Human Resources Department PART-TIME and SEASONAL EMPLOYEE GROUP SALARY SCHEDULE January 1, 2019 POSITION TITLE SALARY RANGE HOURLY SALARY Police Dispatcher pt156 $24.04 — $29.21 Police Records Clerk pt099 $14.54 — $17.68 Property & Evidence Specialist I pt127 $18.53 — $22.53 Recreation Aide pt058 $9.87 — $12.00 Recreation Leader I pt061 $10.10 — $12.29 Recreation Leader II pt069 $10.82 — $13.16 Recreation Leader III pt079 $11.831 — $14.38 Recreation Specialist pt074 $11.33 — $13.76 Seasonal Park Aide pt089 $12.93 — $15.72 Senior Library Technician pt129 $18.88 — $22.95 Senior Lifeguard pt089 $12.93 — $15.72 Stock Clerk/Storekeeper pt074 $11.33 — $13.76 Student Worker pt058 $9.87 — $12.00 Page 2 90 of 607 RESOLUTION NO. 2018 -- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE SALARY SCHEDULE FOR THE PART-TIME AND SEASONAL EMPLOYEE CLASSIFICATIONS, AS AMENDED, ADJUSTING UPWARD CLASSIFICATIONS WITH SALARY RANGES BELOW THE 2019 STATE OF CALIFORNIA MINIMUM WAGE, AND ADJUSTING UPWARD CLASSIFICATIONS IMPACTED BY THE SALARY COMPRESSION RESULTING FROM THE MINIMUM WAGE INCREASES, EFFECTIVE JANUARY 1, 2019 WHEREAS, on April 4, 2016, California Governor Jerry Brown signed Senate Bill 3 increasing California's minimum wage each year until it reaches $15.00 an hour on January 1, 2022, and effective January 1, 2019, minimum wage will increase to $12.00 an hour; and WHEREAS, in order to comply with State law, the City of National City compensation plan for the Part -Time and Seasonal employee classifications must to be amended to increase the top pay steps that are below $12.00 an hour, making it necessary to increase other classification salary ranges to maintain the appropriate pay differentials within the classification series, as shown on the attached Exhibit "A", effective as of January 1, 2019. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes amending the salary schedule for the Part -Time and Seasonal employee classifications to increase the salary ranges below the 2019 California minimum wage, effective January 1, 2019, and adjusting upwards classification salary ranges within the Part -Time and Seasonal employee group to maintain the appropriate pay differentials within the classification series, as shown on the attached Exhibit "A", effective as of January 1, 2019. PASSED and ADOPTED this 20th day of November, 2018. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 91 of 607 CC/CDC-HA Agenda 11/20/2018 — Page 92 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City adopting City Council Policy #203, "Investments," as amended, for Fiscal Year 2018, amending subsection 12 of Section VIII and adding "Asset -backed securities" to the Glossary of Investment Terms. (Finance) Please scroll down to view the backup material. 92 of 607 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 20, 2018 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City adopting City Council Policy # 203, "Investments," as amended, for fiscal year 2018, amending subsection 12 of Section VII I and adding "Asset -backed securities" to the Glossary of Investment Terms. PREPARED BY: Rot, G PHONE: 619-336-4330 EXPLANATION: See attached explanation. DEPARTMENT: Finance APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: `-71/ Q /ea - FINANCE APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION MIS STAFF RECOMMENDATION: Adopt the resolution, authorizing the amendment of City Council Policy # 203, "Investments." BOARD / COMMISSION RECOMMENDATION: NA ATTACHMENTS: 1. Explanation 2. Council Policy # 203, "Investments" (Original) 3. Council Policy # 203, "Investments" (Draft) 4. Council Policy # 203, "Investments" (Final) 5. Resolution 93 of 607 Attachment Resolution of the City Council of the City of National City adopting City Council Policy # 203, "Investments," as amended, for fiscal year 2018, amending subsection 12 of Section VIII and adding "Asset -backed securities" to the Glossary of Investment Terms. November 20, 2018 Explanation City Council Policy # 203, "Investments," Section XII C requires that the City's investment policy be reviewed and adopted at least annually. Following review by staff and consultation of the City's investment advisor, Chandler Asset Management, staff recommends the amendment of the subsections below to Section VIII and Glossary of Investment Terms. Authorized and Suitable Investments: 12. Mortgage pass -through securities and asset -backed securities, provided that such securities: Delete — b. Be issued by an issuer having an "A" or higher rating for the issuer's debt as provided by at least two nationally recognized statistical rating organization. Amend — c. Be rated in a rating category of "AA" or its equivalent or better by at least two a nationally recognized statistical rating organization. Glossary of Investment Terms: Add — Asset -backed securities. Securities supported by pools of installment loans or leases or by pools of revolving lines of credit. These changes are consistent with the changes in the California Government Code Section AB-1770, effective 1-1-2019. No other revisions are recommended at this time. 94 of 607 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: October 17, 2017 I. INTRODUCTION The City of National City's investment program will conform to federal, state, and other legal requirements, including California Government Code Sections 16429.1-16429.4, 53600-53609, and 53630-53686. The following investment policy addresses the methods, procedures, and practices which must be exercised to ensure effective and judicious fiscal and investment management of the City's funds. It is the policy of the City to invest public funds in a manner that will provide a market rate of return, given its requirements for preserving principal and meeting the daily cash flow demands of the City. All investments will comply with this Investment Policy and governing laws. This Investment Policy replaces any previous Investment Policy or Investment Procedures of the City. II. SCOPE 4 This Investment Policy applies to all the City's financial assets and investment activities with the following exception(s): Proceeds of debt issuance shall be invested in accordance with the City's general investment philosophy as set forth in this policy; however, such proceeds are invested in accordance with permitted investment provisions of their specific bond indentures. Pooling of Funds: Except for cash in certain restricted and special funds, the City will consolidate cash and reserve balances from all funds to maximize investment earnings and to increase efficiencies with regard to investment pricing, safekeeping and administration. Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles. III. GENERAL OBJECTIVES The overriding objectives of the investment program are to preserve principal, provide sufficient liquidity, and manage investment risks. Page 1 of 18 95 of 607 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: October 17, 2017 1. Safety: Safety of principal is the foremost objective of the investment program. Investments will be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to mitigate credit risk and interest rate risk. 2. Liquidity: The investment portfolio will remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. 3. Return: The investment portfolio will be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints for safety and liquidity needs. IV. PRUDENCE, INDEMNIFICATION, AND ETHICS „4, A. Prudent Investor Standard: Management of the City's investments is governed by the Prudent Investor Standard as set forth in California Government Code Section 53600.3: "...all governing bodies of local agencies or persons authorized to make investment decisions on behalf of those local agencies investing public funds pursuant to this chapter are trustees and therefore fiduciaries subject to the prudent investor standard. When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the City, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the City. Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law." B. Indemnification: The Director of Finance or City Manager designee hereinafter designated as Financial Services Officer and other authorized persons responsible for managing City funds, acting in accordance with written procedures and the Investment Policy and exercising due diligence, will be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported within 30 days and appropriate action is taken to control adverse developments. C. Ethics: Officers and employees involved in the investment process will refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Page 2 of 18 96 of 607 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: October 17, 2017 V. DELEGATION OF AUTHORITY A. Authority to manage the City's investment program is derived from California Government Code Section 53600 et seq. The City Council is responsible for the City's cash management, including the administration of this Investment Policy. Management responsibility for the cash management of City funds is hereby delegated to the Director of Finance and/or Financial Service Officer. The Director of Finance and/or Financial Services Officer will be responsible for all transactions undertaken and will establish a system of procedures and controls to regulate the activities of subordinate employee. B. The City may engage the services of one or more external investment managers to assist in the management of the City's investment portfolio in a manner consistent with the City's objectives. Such external managers may be granted discretion to purchase and sell investment securities in accordance with this Investment Policy. Such managers must be registered under the Investment Advisers Act of 1940. VI. AUTHORIZED FINANCIAL INSTITUTIONS, DEPOSITORIES, AND BROKER/DEALERS A list will be maintained of financial institutions and depositories authorized to provide investment services. In addition, a list will be maintained of approved security broker/dealers selected by conducting a process of due diligence described in the investment procedures manual. These may include "primary" dealers or regional dealers that qualify under Securities and Exchange Commission (SEC) Rule 15C3-1 (uniform net capital rule). A. The City's Director of Finance and/or Financial Services Officer will determine which financial institutions are authorized to provide investment services to the City. Institutions eligible to transact investment business with the City include: 1. Primary government dealers as designated by the Federal Reserve Bank; 2. Nationally or state -chartered banks; 3. The Federal Reserve Bank; and 4. Direct issuers of securities eligible for purchase. B. Selection of financial institutions and broker/dealers authorized to engage in transactions with the City will be at the sole discretion of the City. Page 3 of 18 97 of 607 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: October 17, 2017 C. All financial institutions which desire to become qualified bidders for investment transactions (and which are not dealing only with the investment adviser) must supply the Director of Finance and/or Financial Services Officer with a statement certifying that the institution has reviewed California Government Code Section 53600 et seq. and the City's Investment Policy. D. Selection of broker/dealers used by an external investment adviser retained by the City will be at the sole discretion of the investment adviser. E. Public deposits will be made only in qualified public depositories as established by State law. Deposits will be insured by the Federal Deposit Insurance Corporation, or, to the extent the amount exceeds the insured maximum, will be collateralized in accordance with State law. VII. DELIVERY, SAFEKEEPING AND CUSTODY, AND COMPETITIVE TRANSACTIONS A. Delivery -versus -payment: Settlement of all investment transactions will be completed using standard delivery -vs. -payment procedures. B. Third -party safekeeping: To protect against potential losses by collapse of individual securities dealers, and to enhance access to securities, interest payments and maturity proceeds, all securities owned by the City will be held in safekeeping by a third party bank custodian, acting as agent for the City under the terms of a custody agreement executed by the bank and the City. C. Competitive transactions: All investment transactions will be conducted on a competitive basis which can be executed through a bidding process involving at least three separate brokers/financial institutions or through the use of a nationally recognized trading platform. VIII. AUTHORIZED AND SUITABLE INVESTMENTS All investments will be made in accordance with California Government Code Section 53600 et seq. and as described within this Investment Policy. Permitted investments under this policy will include: 1. Municipal Bonds. These include bonds of the City, the State of California, any other state, and any local agency within the state of California. The bonds will be registered in the name of the City or held under a custodial agreement at a bank. Page 4 of 18 98 of 607 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: October 17, 2017 a. Are rated in the category of "A" or better by at least two nationally recognized statistical rating organization; and b. No more than 5% per issuer. c. No more than 30% of the total portfolio may be invested in municipal bonds. 2. US Treasury and other government obligations for which the full faith and credit of the United States are pledged for the payment of principal and interest. There are no limits on the dollar amount or percentage that the City may invest in US Treasuries. 3. Federal Agency or United States government -sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government -sponsored enterprises. There are no limits on the dollar amount or percentage that the City may invest in government -sponsored enterprises. 4. Banker's acceptances, provided that: lb a. They are issued by institutions with short term debt obligations rated "Al" or higher, or the equivalent, by at least two nationally recognized statistical -rating organization (NRSRO); and have long-term debt obligations which are rated "A" or higher by at least two nationally recognized statistical rating organization; b. The maturity does not exceed 180 days; and c. No more than 40% of the total portfolio may be invested in banker's acceptances and no more than 5% per issuer. 5. Federally insured time deposits (Non-negotiable certificates of deposit) in state or federally chartered banks, savings and loans, or credit unions, provided that: a. The amount per institution is limited to the maximum covered under federal insurance; and b. The maturity of such deposits does not exceed 5 years. Page 5 of 18 99 of 607 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: October 17, 2017 6. Certificate of Deposit Placement Service (CDARS) a. No more than 30% of the total portfolio maybe invested in a combination of certificates of deposit including CDARS. b. The maturity of CDARS deposits does not exceed 5 years. 7. Negotiable certificates of deposit (NCDs), provided that: a. They are issued by institutions which have long-term obligations which are rated "A" or higher by at least two nationally recognized statistical rating organizations; and/or have short term debt obligations rated "Al" or higher, or the equivalent, by at least two nationally recognized statistical rating organizations; b. The maturity does not exceed 5 years; and c. No more than 30% of the total portfolio may be invested in NCDs and no more than 5% per issuer. 8. Commercial paper, provided that: a. The maturity does not exceed 270 days from the date of purchase; b. The issuer is a corporation organized and operating in the United States with assets in excess of $500 million; J c. They are issued by institutions whose short term obligations are rated "A-1" or higher, or the equivalent, by at least two nationally recognized statistical rating organization; and whose long-term obligations are rated "A" or higher by at least two nationally recognized statistical rating organization; and d. No more than 25% of the portfolio is invested in commercial paper and no more than 5% per issuer. 9. State of California Local Agency Investment Fund (LAIF), provided that: a. The City may invest up to the maximum permitted amount in LAIF; and b. LAIF's investments in instruments prohibited by or not specified in the City's policy do not exclude it from the City's list of allowable investments, provided that the fund's reports allow the Director of Finance or Financial Services Officer to adequately judge the risk inherent in LAIF's portfolio. Page 6 of 18 100 of 607 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: October 17, 2017 10. Local government investment pools. a. San Diego County Investment Pool 11. Corporate medium term notes (MTNs), provided that: a. Such notes have a maximum maturity of 5 years; b. Are issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States; c. Are rated "A" category or better by at least two nationally recognized statistical rating organization; and d. Holdings of medium -term notes may not exceed 30% of the portfolio and no more than 5% per issuer. 12. Mortgage pass -through securities and asset -backed securities, provided that such securities: a. Have a maximum stated final maturity of 5 years; b. Be issued by an issuer having an "A" or higher rating for the issuer's debt as provided by at least two nationally recognized statistical rating organization; c. Be rated in a rating category of "AA" or its equivalent or better by at least two nationally recognized statistical rating organization. d. Purchase of securities authorized by this subdivision may not exceed 20% of the portfolio. 13. Money market mutual funds that are registered with the Securities and Exchange Commission under the Investment Company Act of 1940: a. Provided that such funds meet either of the following criteria: 1. Attained the highest ranking or the highest letter and numerical rating provided by not less than two nationally recognized statistical rating organizations; or; 2. Have retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years' experience investing in the securities and obligations authorized by California Government Page 7 of 18 101 of 607 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: October 17, 2017 Code Section 53601 (a through j) and with assets under management in excess of $500 million. b. Purchase of securities authorized by this subdivision may not exceed 20% of the portfolio. 14. Supranationals, provided that: a. Issues are US dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-Ame • n Development Bank. b. c. d. e. The securities are rated in a category of "AA" or higher by a NRSRO. No more than 30% of the total portfolio may be invested in these securities. No more than 10% of the portfolio may be invested in any single issuer. The maximum maturity does not exceed five (5) years. IX. PORTFOLIO RISK MANAGEMENT A. The following are prohibited investment vehicles and practices: 1. State law notwithstanding, any investments not specifically described herein are prohibited, including, but not limited to futures and options. 2. In accordance with California Government Code Section 53601.6, investment in inverse floaters, range notes, or mortgage derived interest -only strips is prohibited. 3 Investment in any security that could result in a zero interest accrual if held to maturity is prohibited. 4. Trading securities for the sole purpose of speculating on the future direction of interest rates is prohibited. 5. Purchasing or selling securities on margin is prohibited. 6. The use of reverse repurchase agreements, securities lending or any other form of borrowing or leverage is prohibited. Page 8 of 18 102 of 607 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: October 17, 2017 7. The purchase of foreign currency denominated securities is prohibited. B. Mitigating credit risk in the portfolio Credit risk is the risk that a security or a portfolio will lose some or all of its value due to a real or perceived change in the ability of the issuer to repay its debt. The City will mitigate credit risk by adopting the following strategies: 1. The diversification requirements included in Section IX are designed to mitigate credit risk in the portfolio; 2. No more than 5% of the total portfolio may be invested in securities of any single issuer, except as noted in Section VIII of this Investment Policy; 3. The City may elect to sell a security prior to its maturity and record a capital gain or loss in order to improve the quality, liquidity, or yield of the portfolio in response to market conditions or the City's risk preferences; and 4. If securities owned by the City are downgraded by either Moody's or S&P to a level below the quality required by this Investment Policy, it will be the City's policy to review the credit situation and make a determination as to whether to sell or retain such securities in the portfolio. a. If a security is downgraded, the Director of Finance and/or Financial Services Officer will use discretion in determining whether to sell or hold the security based on its current maturity, the economic outlook for the issuer, and other relevant factors. b. If a decision is made to retain a downgraded security in the portfolio, its presence in the portfolio will be monitored and reported monthly to the City Council. C. Mitigating market risk in the portfolio Market risk is the risk that the portfolio value will fluctuate due to changes in the general level of interest rates. The City recognizes that, over time, longer -term portfolios have the potential to achieve higher returns. On the other hand, longer -term portfolios have higher volatility of return. The City will mitigate market risk by providing adequate liquidity for short-term cash needs, and by making longer -term investments only with funds that are not needed for current cash flow purposes. The City further recognizes that certain types of securities, including variable rate securities, securities with principal paydowns prior to maturity, and securities with embedded options, will affect the market risk profile of the Page 9 of 18 103 of 607 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: October 17, 2017 portfolio differently in different interest rate environments. The City, therefore, adopts the following strategies to control and mitigate its exposure to market risk: 1. The City will maintain a minimum of three months of budgeted operating expenditures in short term investments to provide sufficient liquidity for expected disbursements; 2. The maximum percent of callable securities (does not include "make whole call" securities as defined in the Glossary) in the portfolio will be 20%; 3. The maximum stated final maturity of individual securities in the portfolio will be five years, except as otherwise stated in this policy; and 4. The duration of the portfolio will at all times be approximately equal to the duration (typically plus or minus 20%) of a Market Benchmark Index selected by the City based on the City's investment objectives, constraints and risk tolerances. The City's current Benchmark will be documented in the investment procedures manual. X. INVESTMENT OBJECTIVES (PERFORMANCE STANDARDS AND EVALUATION) A. Overall objective: The investment portfolio will be designed with the overall objective of obtaining a total rate of return throughout economic cycles, commensurate with investment risk constraints and cash flow needs. B. Specific objective: The investment performance objective for the portfolio will be to earn a total rate of return over a market cycle which is approximately equal to the return on the Market Benchmark Index as described in the City's investment procedures manual. XI. PROCEDURES AND INTERNAL CONTROLS A. Procedures: The Director of Finance and/or Financial Services Officer will establish written investment policy procedures in a separate investment procedures manual to assist investment staff with day-to-day operations of the investment program consistent with this policy. Such procedures will include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Director of Finance and/or Financial Services Officer. B. Internal Controls: The Director of Finance and/or Financial Services Officer is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected from loss, theft, or misuse. The internal control structure will be Page 10 of 18 104 of 607 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: October 17, 2017 designed to provide reasonable assurance that these objectives are met. Internal controls will be described in the City's investment procedures manual. XII. REPORTING A. Monthly reports: In accordance with California Government Code Section 53646, a local agency treasurer who has been delegated authority to invest or reinvest funds of the local agency by the legislative body must submit a monthly report to the legislative body accounting for transactions made during the reporting period. B. Quarterly reports: Quarterly investment reports will be submitted by the Director of Finance and/or Financial Services Officer to the City Council, at an agendized meeting, consistent with the requirements contained in California Government Code Section 53646, including but not limited to the following information: 1. Type of investment 2. Name of issuer and/or financial institution 3. Date of purchase 4. Date of maturity 5. Current market value for all securi 6. Rate of interest 7. Purchase price of investment 8. Other data as required by the City Art- C. Annual reports: The Investment Policy will be reviewed and adopted at least annually to ensure its consistency with the overall objectives of preservation of principal, liquidity, and return, and its relevance to current law and financial and economic trends. Related Policy References California Government Code Sections: 16429.1 — 16429.4, and 53600 — 53686 Investment Company Act of 1940 Investment Advisers Act of 1940 Securities and Exchange Commission Rule #15C3-1 Appendix I attached: "Authorized Personnel" Appendix II attached: "Glossary of Investment Terms" Page 11 of 18 105 of 607 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: October 17, 2017 Prior Policy Amendments December 6, 2016 December 15, 2015 December 16, 2014 December 10, 2013 January 10, 2012 . fAefrcNec> AcNe'° Page 12 of 18 106 of 607 Appendix I Authorized Personnel The following positions are authorized to transact investment business and wire funds for investment purposes on behalf of the City of National City: City Manager Deputy City Manager Director of Finance Financial Services Officer cbd * As. eCe • (kij1 ofrce' Page 13 of 18 107 of 607 Appendix II GLOSSARY OF INVESTMENT TERMS Agencies. Shorthand market terminology for any obligation issued by a government - sponsored entity (GSE), or a federally related institution. Most obligations of GSEs are not guaranteed by the full faith and credit of the US government. Examples are: FDIC. The Federal Deposit Insurance Corporation provides insurance backed by the full faith and credit of the US government to certain bank deposits and debt obligations. FFCB. The Federal Farm Credit Bank System provides credit and liquidity in the agricultural industry. FFCB issues discount notes and bonds. FHLB. The Federal Home Loan Bank provides credit and liquidity in the housing market. FHLB issues discount notes and bonds. FHLMC. Like FHLB, the Federal Home Loan Mortgage Corporation provides credit and liquidity in the housing market. FHLMC, also called "FreddieMac" issues discount notes, bonds and mortgage pass -through securities. FNMA. Like FHLB and FreddieMac, the Federal National Mortgage Association was established to provide credit and liquidity in the housing market. FNMA, also known as "FannieMae," issues discount notes, bonds and mortgage pass -through securities. GNMA. The Government National Mortgage Association, known as "GinnieMae," issues mortgage pass -through securities, which are guaranteed by the full faith and credit of the US Government. PEFCO. The Private Export Funding Corporation assists exporters. Obligations of PEFCO are not guaranteed by the full faith and credit of the US government. TVA. The Tennessee Valley Authority provides flood control and power and promotes development in portions of the Tennessee, Ohio and Mississippi River valleys. TVA currently issues discount notes and bonds. Asked. The price at which a seller offers to sell a security. Average life. In mortgage -related investments, including CMOs, the average time to expected receipt of principal payments, weighted by the amount of principal expected. Banker's acceptance. A money market instrument created to facilitate international trade transactions. It is highly liquid and safe because the risk of the trade transaction is transferred to the bank which "accepts" the obligation to pay the investor. Benchmark. A comparison security or portfolio. A performance benchmark is a partial market index, which reflects the mix of securities allowed under a specific investment policy. Bid. The price at which a buyer offers to buy a security. Broker. A broker brings buyers and sellers together for a transaction for which the broker receives a commission. A broker does not sell securities from his own position. Callable. A callable security gives the issuer the option to call it from the investor prior to its maturity. The main cause of a call is a decline in interest rates. If interest rates decline since an issuer issues securities, it will likely call its current securities and reissue them at a lower rate of interest. Callable securities have reinvestment risk as the investor may receive its principal back when interest rates are lower than when the investment was initially made. Certificate of Deposit (CD). A time deposit with a specific maturity evidenced by a certificate. Large denomination CDs may be marketable. Page 14 of 18 108 of 607 Collateral. Securities or cash pledged by a borrower to secure repayment of a loan or repurchase agreement. Also, securities pledged by a financial institution to secure deposits of public monies. Collateralized Mortgage Obligations (CMO). Classes of bonds that redistribute the cash flows of mortgage securities (and whole loans) to create securities that have different levels of prepayment risk, as compared to the underlying mortgage securities. Commercial paper. The short-term unsecured debt of corporations. Cost yield. The annual income from an investment divided by the purchase cost. Because it does not give effect to premiums and discounts which may have been included in the purchase cost, it is an incomplete measure of return. Coupon. The rate of return at which interest is paid on a bond. Credit risk. The risk that principal and/or interest on an investment will not be paid in a timely manner due to changes in the condition of the issuer. Current yield. The annual income from an investment divided by the current market value. Since the mathematical calculation relies on the current market value rather than the investor's cost, current yield is unrelated to the actual return the investor will earn if the security is held to maturity. Dealer. A dealer acts as a principal in security transactions, selling securities from and buying securities for his own position. Debenture. A bond secured only by the general credit of the issuer. Delivery vs. payment (DVP). A securities industry procedure whereby payment for a security must be made at the time the security is delivered to the purchaser's agent. Derivative. Any security that has principal and/or interest payments which are subject to uncertainty (but not for reasons of default or credit risk) as to timing and/or amount, or any security which represents a component of another security which has been separated from other components ("Stripped" coupons and principal). A derivative is also defined as a financial instrument the value of which is totally or partially derived from the value of another instrument, interest rate or index. Discount. The difference between the par value of a bond and the cost of the bond, when the cost is below par. Some short-term securities, such as T-bills and banker's acceptances, are known as discount securities. They sell at a discount from par, and return the par value to the investor at maturity without additional interest. Other securities, which have fixed coupons trade at a discount when the coupon rate is lower than the current market rate for securities of that maturity and/or quality. Diversification. Dividing investment funds among a variety of investments to avoid excessive exposure to any one source of risk. Duration. The weighted average time to maturity of a bond where the weights are the present values of the future cash flows. Duration measures the price sensitivity of a bond to changes in interest rates. (See modified duration). Federal funds rate. The rate of interest charged by banks for short-term loans to other banks. The Federal Reserve Bank through open -market operations establishes it. Federal Open Market Committee: A committee of the Federal Reserve Board that establishes monetary policy and executes it through temporary and permanent changes to the supply of bank reserves. Haircut: The margin or difference between the actual market value of a security and the value assessed by the lending side of a transaction (i.e. a repo). Page 15 of 18 109 of 607 Leverage. Borrowing funds in order to invest in securities that have the potential to pay earnings at a rate higher than the cost of borrowing. Liquidity: The speed and ease with which an asset can be converted to cash. Local Agency Investment Fund (LAIF). A voluntary investment fund managed by the California State Treasurer's Office open to government entities and certain non-profit organizations in California. Local Government Investment Pool. Investment pools including the Local Agency Investment Fund (LAIF), county pools, joint powers authorities (JPAs). These funds are not subject to the same SEC rules applicable to money market mutual funds. Make Whole Call. A type of call provision on a bond that allows the issuer to pay off the remaining debt early. Unlike a call option, with a make whole call provision, the issuer makes a lump sum payment that equals the net present value (NPV) of future coupon payments that will not be paid because of the call. With this type of call, an investor is compensated, or "made whole." Margin: The difference between the market value of a security and the loan a broker makes using that security as collateral. Market risk. The risk that the value of securities will fluctuate with changes in overall market conditions or interest rates. Market value. The price at which a security can be traded. Marking to market. The process of posting current market values for securities in a portfolio. Maturity. The final date upon which the principal of a security becomes due and payable. Medium term notes. Unsecured, investment -grade senior debt securities of major corporations which are sold in relatively small amounts either on a continuous or an intermittent basis. MTNs are highly flexible debt instruments that can be structured to respond to market opportunities or to investor preferences. Modified duration. The percent change in price for a 100 basis point change in yields. Modified duration is the best single measure of a portfolio's or security's exposure to market risk. Money market. The market in which short term debt instruments (T-bills, discount notes, commercial paper and banker's acceptances) are issued and traded. Mortgage pass -through securities. A securitized participation in the interest and principal cashflows from a specified pool of mortgages. Principal and interest payments made on the mortgages are passed through to the holder of the security. Municipal Securities. Securities issued by state and local agencies to finance capital and operating expenses. Mutual fund. An entity which pools the funds of investors and invests those funds in a set of securities which is specifically defined in the fund's prospectus. Mutual funds can be invested in various types of domestic and/or international stocks, bonds, and money market instruments, as set forth in the individual fund's prospectus. For most large, institutional investors, the costs associated with investing in mutual funds are higher than the investor can obtain through an individually managed portfolio. Nationally Recognized Statistical Rating Organization (NRSRO). A credit rating agency the United States Securities and Exchange Commission uses for regulatory purposes. Credit rating agencies provide assessments of an investment's risk. The issuers of investments, especially debt securities, pay credit rating agencies to provide them with ratings. The three most prominent NRSROs are Fitch, S&P, and Moody's. Page 16 of 18 110 of 607 Premium. The difference between the par value of a bond and the cost of the bond, when the cost is above par. Prepayment speed. A measure of how quickly principal is repaid to investors in mortgage securities. Prepayment window. The time period over which principal repayments will be received on mortgage securities at a specified prepayment speed. Primary dealer. A financial institution (1) that is a trading counterparty with the Federal Reserve in its execution of market operations to carry out US monetary policy, and (2) that participates for statistical reporting purposes in compiling data on activity in the US Government securities market. Prudent person (man) rule. A standard of responsibility which applies to fiduciaries. In California, the rule is stated as "Investments shall be managed with the care, skill, prudence and diligence, under the circumstances then prevailing, that a prudent person, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of like character and with like aims to accomplish similar purposes." Realized yield. The change in value of the portfolio due to interest received and interest earned and realized gains and losses. It does not give effect to changes in market value on securities, which have not been sold from the portfolio. Regional dealer. A financial intermediary that buys and sells securities for the benefit of its customers without maintaining substantial inventories of securities, and that is not a primary dealer. Repurchase agreement (RP, Repo). Short term purchases of securities with a simultaneous agreement to sell the securities back at a higher price. From the seller's point of view, the same transaction is a reverse repurchase agreement. Safekeeping. A service to bank customers whereby securities are held by the bank in the customer's name. Short Term. Less than one (1) year's time. Structured note. A complex, fixed income instrument, which pays interest, based on a formula tied to other interest rates, commodities or indices. Examples include inverse floating rate notes which have coupons that increase when other interest rates are falling, and which fall when other interest rates are rising, and "dual index floaters," which pay interest based on the relationship between two other interest rates - for example, the yield on the ten-year Treasury note minus the Libor rate. Issuers of such notes lock in a reduced cost of borrowing by purchasing interest rate swap agreements. Supranational. A Supranational is a multi -national organization whereby member states transcend national boundaries or interests to share in the decision making to promote economic development in the member countries. Total rate of return. A measure of a portfolio's performance over time. It is the internal rate of return, which equates the beginning value of the portfolio with the ending value; it includes interest earnings, realized and unrealized gains, and losses in the portfolio. US Treasury obligations. Securities issued by the US Treasury and backed by the full faith and credit of the United States. Treasuries are considered to have no credit risk, and are the benchmark for interest rates on all other securities in the US and overseas. The Treasury issues both discounted securities and fixed coupon notes and bonds. Treasury bills. All securities issued with initial maturities of one year or less are issued as discounted instruments, and are called Treasury bills. The Treasury currently issues three- and Page 17 of 18 111 of 607 six-month T-bills at regular weekly auctions. It also issues "cash management" bills as needed to smooth out cash flows. Treasury notes. All securities issued with initial maturities of two to ten years are called Treasury notes, and pay interest semi-annually. Treasury bonds. All securities issued with initial maturities greater than ten years are called Treasury bonds. Like Treasury notes, they pay interest semi-annually. Value. Principal plus accrued interest. Volatility. The rate at which security prices change with changes in general economic conditions or the general level of interest rates. Yield to Maturity. The annualized internal rate of return on an investment which equates the expected cash flows from the investment to its cost. t 0. *#S. eCe (�j1ofrce. Page 18 of 18 112 of 607 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Investments POLICY #203 ADOPTED: October 23,1990 AMENDED: October 17, 2017November 20, 2018 I. INTRODUCTION The City of National City's investment program will conform to federal, state, and other legal requirements, including California Government Code Sections 16429.1-16429.4, 53600-53609, and 53630-53686. The following investment policy addresses the methods, procedures, and practices which must be exercised to ensure effective and judicious fiscal and investment management of the City's funds. It is the policy of the City to invest public funds in a manner that will provide a market rate of return, given its requirements for preserving principal and meeting the daily cash flow demands of the City. All investments will comply with this Investment Policy and governing laws. This Investment Policy replaces any previous Investment Policy or Investment Procedures of the City. II. SCOPE This Investment Policy applies to all the City's financial assets and investment activities with the following exception(s): Proceeds of debt issuance shall be invested in accordance with the City's general investment philosophy as set forth in this policy; however, such proceeds are invested in accordance with permitted investment provisions of their specific bond indentures. Pooling of Funds: Except for cash in certain restricted and special funds, the City will consolidate cash and reserve balances from all funds to maximize investment earnings and to increase efficiencies with regard to investment pricing, safekeeping and administration. Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles. III. GENERAL OBJECTIVES The overriding objectives of the investment program are to preserve principal, provide sufficient liquidity, and manage investment risks. Page 1 of 19 113 of 607 TITLE: Investments POLICY #203 ADOPTED: October 23,1990 AMENDED: October 17, 2017November 20, 2018 1. Safety: Safety of principal is the foremost objective of the investment program. Investments will be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to mitigate credit risk and interest rate risk. 2. Liquidity: The investment portfolio will remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. 3. Return: The investment portfolio will be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints for safety and liquidity needs. IV. PRUDENCE, INDEMNIFICATION, AND ETHICS A. Prudent Investor Standard: Management of the City's investments is governed by the Prudent Investor Standard as set forth in California Government Code Section 53600.3: "...all governing bodies of local agencies or persons authorized to make investment decisions on behalf of those local agencies investing public funds pursuant to this chapter are trustees and therefore fiduciaries subject to the prudent investor standard. When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the City, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the City. Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law." B. Indemnification: The Director of Finance or City Manager designee hereinafter designated as Financial Services Officer and other authorized persons responsible for managing City funds, acting in accordance with written procedures and the Investment Policy and exercising due diligence, will be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported within 30 days and appropriate action is taken to control adverse developments. C. Ethics: Officers and employees involved in the investment process will refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Page 2 of 19 114 of 607 TITLE: Investments POLICY #203 ADOPTED: October 23,1990 AMENDED: October 17, 2017November 20, 2018 V. DELEGATION OF AUTHORITY A. Authority to manage the City's investment program is derived from California Government Code Section 53600 et seq. The City Council is responsible for the City's cash management, including the administration of this Investment Policy. Management responsibility for the cash management of City funds is hereby delegated to the Director of Finance and/or Financial Service Officer. The Director of Finance and/or Financial Services Officer will be responsible for all transactions undertaken and will establish a system of procedures and controls to regulate the activities of subordinate employee. B. The City may engage the services of one or more external investment managers to assist in the management of the City's investment portfolio in a manner consistent with the City's objectives. Such external managers may be granted discretion to purchase and sell investment securities in accordance with this Investment Policy. Such managers must be registered under the Investment Advisers Act of 1940. VI. AUTHORIZED FINANCIAL INSTITUTIONS, DEPOSITORIES, AND BROKER/DEALERS A list will be maintained of financial institutions and depositories authorized to provide investment services. In addition, a list will be maintained of approved security broker/dealers selected by conducting a process of due diligence described in the investment procedures manual. These may include "primary" dealers or regional dealers that qualify under Securities and Exchange Commission (SEC) Rule 15C3-1 (uniform net capital rule). A. The City's Director of Finance and/or Financial Services Officer will determine which financial institutions are authorized to provide investment services to the City. Institutions eligible to transact investment business with the City include: 1. Primary government dealers as designated by the Federal Reserve Bank; 2. Nationally or state -chartered banks; 3. The Federal Reserve Bank; and 4. Direct issuers of securities eligible for purchase. Page 3 of 19 115 of 607 TITLE: Investments POLICY #203 ADOPTED: October 23,1990 AMENDED: October 17, 2017November 20, 2018 B. Selection of financial institutions and broker/dealers authorized to engage in transactions with the City will be at the sole discretion of the City. C. All financial institutions which desire to become qualified bidders for investment transactions (and which are not dealing only with the investment adviser) must supply the Director of Finance and/or Financial Services Officer with a statement certifying that the institution has reviewed California Government Code Section 53600 et seq. and the City's Investment Policy. D. Selection of broker/dealers used by an external investment adviser retained by the City will be at the sole discretion of the investment adviser. E. Public deposits will be made only in qualified public depositories as established by State law. Deposits will be insured by the Federal Deposit Insurance Corporation, or, to the extent the amount exceeds the insured maximum, will be collateralized in accordance with State law. VII. DELIVERY, SAFEKEEPING AND CUSTODY, AND COMPETITIVE TRANSACTIONS A. Delivery -versus -payment: Settlement of all investment transactions will be completed using standard delivery -vs. -payment procedures. B. Third -party safekeeping: To protect against potential losses by collapse of individual securities dealers, and to enhance access to securities, interest payments and maturity proceeds, all securities owned by the City will be held in safekeeping by a third party bank custodian, acting as agent for the City under the terms of a custody agreement executed by the bank and the City. C. Competitive transactions: All investment transactions will be conducted on a competitive basis which can be executed through a bidding process involving at least three separate brokers/financial institutions or through the use of a nationally recognized trading platform. VIII. AUTHORIZED AND SUITABLE INVESTMENTS All investments will be made in accordance with California Government Code Section 53600 et seq. and as described within this Investment Policy. Permitted investments under this policy will include: Page 4 of 19 116 of 607 TITLE: Investments POLICY #203 ADOPTED: October 23,1990 AMENDED: October 17, 2017November 20, 2018 1. Municipal Bonds. These include bonds of the City, the State of California, any other state, and any local agency within the state of California. The bonds will be registered in the name of the City or held under a custodial agreement at a bank. a. Are rated in the category of "A" or better by at least two nationally recognized statistical rating organization; and b. No more than 5% per issuer. c. No more than 30% of the total portfolio may be invested in municipal bonds. 2. US Treasury and other government obligations for which the full faith and credit of the United States are pledged for the payment of principal and interest. There are no limits on the dollar amount or percentage that the City may invest in US Treasuries. 3. Federal Agency or United States government -sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government -sponsored enterprises. There are no limits on the dollar amount or percentage that the City may invest in government -sponsored enterprises. 4. Banker's acceptances, provided that: a. They are issued by institutions with short term debt obligations rated "Al" or higher, or the equivalent, by at least two nationally recognized statistical -rating organization (NRSRO); and have long-term debt obligations which are rated "A" or higher by at least two nationally recognized statistical rating organization; b. The maturity does not exceed 180 days; and c. No more than 40% of the total portfolio may be invested in banker's acceptances and no more than 5% per issuer. 5. Federally insured time deposits (Non-negotiable certificates of deposit) in state or federally chartered banks, savings and loans, or credit unions, provided that: a. The amount per institution is limited to the maximum covered under federal insurance; and b. The maturity of such deposits does not exceed 5 years. Page 5 of 19 117 of 607 TITLE: Investments POLICY #203 ADOPTED: October 23,1990 AMENDED: October 17, 2017November 20, 2018 6. Certificate of Deposit Placement Service (CDARS) a. No more than 30% of the total portfolio may be invested in a combination of certificates of deposit including CDARS. b. The maturity of CDARS deposits does not exceed 5 years. 7. Negotiable certificates of deposit (NCDs), provided that: a. They are issued by institutions which have long-term obligations which are rated "A" or higher by at least two nationally recognized statistical rating organizations; and/or have short term debt obligations rated "A 1" or higher, or the equivalent, by at least two nationally recognized statistical rating organizations; b. The maturity does not exceed 5 years; and c. No more than 30% of the total portfolio may be invested in NCDs and no more than 5% per issuer. 8. Commercial paper, provided that: a. The maturity does not exceed 270 days from the date of purchase; b. The issuer is a corporation organized and operating in the United States with assets in excess of $500 million; c. They are issued by institutions whose short term obligations are rated "A-1" or higher, or the equivalent, by at least two nationally recognized statistical rating organization; and whose long-term obligations are rated "A" or higher by at least two nationally recognized statistical rating organization; and d. No more than 25% of the portfolio is invested in commercial paper and no more than 5% per issuer. 9. State of California Local Agency Investment Fund (LAIF), provided that: a. The City may invest up to the maximum permitted amount in LAIF; and b. LAIF's investments in instruments prohibited by or not specified in the City's policy do not exclude it from the City's list of allowable investments, provided that the fund's Page 6 of 19 118 of 607 TITLE: Investments POLICY #203 ADOPTED: October 23,1990 AMENDED: October 17, 2,017November 20, 2018 reports allow the Director of Finance or Financial Services Officer to adequately judge the risk inherent in LAIF's portfolio. 10. Local government investment pools. a. San Diego County Investment Pool 11. Corporate medium term notes (MTNs), provided that: a. Such notes have a maximum maturity of 5 years; b. Are issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States; c. Are rated "A" category or better by at least two nationally recognized statistical rating organization; and d. Holdings of medium -term notes may not exceed 30% of the portfolio and no more than 5% per issuer. 12. Mortgage pass -through securities and asset -backed securities, provided that such securities: a. Have a maximum stated final maturity of 5 years; b. Be issued by an issuer having an "A" or higher rating for the issuer's debt as provided by at least two nationally recognized statistical rating organizationl; c. Be rated in a rating category of "AA" or its equivalent or better by ant lecc st twot tt nationally recognized statistical rating organization. d. Purchase of securities authorized by this subdivision may not exceed 20% of the portfolio. 13. Money market mutual funds that are registered with the Securities and Exchange Commission under the Investment Company Act of 1940: a. Provided that such funds meet either of the following criteria: Page 7 of 19 Commented [TP11: Reflects State Code changes in AB- 1770, effective 1-1-2019 119 of 607 TITLE: Investments POLICY #203 ADOPTED: October 23,1990 AMENDED: October 17, 2017November 20, 2018 1. Attained the highest ranking or the highest letter and numerical rating provided by not less than two nationally recognized statistical rating organizations; or; 2. Have retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years' experience investing in the securities and obligations authorized by .California Government Code Section 53601 (a through j) and with assets under management in excess of $500 million. b. Purchase of securities authorized by this subdivision may not exceed 20% of the portfolio. 14. Supranationals, provided that: a. Issues are US dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter -American Development Bank. b. The securities are rated in a category of "AA" or higher by a NRSRO. c. No more than 30% of the total portfolio may be invested in these securities. d. No more than 10% of the portfolio may be invested in any single issuer. e. The maximum maturity does not exceed five (5) years. IX. PORTFOLIO RISK MANAGEMENT A. The following are prohibited investment vehicles and practices: 1. State law notwithstanding, any investments not specifically described herein are prohibited, including, but not limited to futures and options. 2. In accordance with California Government Code Section 53601.6, investment in inverse floaters, range notes, or mortgage derived interest -only strips is prohibited. 3. Investment in any security that could result in a zero interest accrual if held to maturity is prohibited. Page 8 of 19 120 of 607 TITLE: Investments POLICY #203 ADOPTED: October 23,1990 AMENDED: October 17, 2017November 20, 2018 4. Trading securities for the sole purpose of speculating on the future direction of interest rates is prohibited. 5. Purchasing or selling securities on margin is prohibited. 6. The use of reverse repurchase agreements, securities lending or any other form of borrowing or leverage is prohibited. 7. The purchase of foreign currency denominated securities is prohibited. B. Mitigating credit risk in the portfolio Credit risk is the risk that a security or a portfolio will lose some or all of its value due to a real or perceived change in the ability of the issuer to repay its debt. The City will mitigate credit risk by adopting the following strategies: 1. The diversification requirements included in Section IX are designed to mitigate credit risk in the portfolio; 2. No more than 5% of the total portfolio may be invested in securities of any single issuer, except as noted in Section VIII of this Investment Policy; 3. The City may elect to sell a security prior to its maturity and record a capital gain or loss in order to improve the quality, liquidity, or yield of the portfolio in response to market conditions or the City's risk preferences; and 4. If securities owned by the City are downgraded by either Moody's or S&P to a level below the quality required by this Investment Policy, it will be the City's policy to review the credit situation and make a determination as to whether to sell or retain such securities in the portfolio. a. If a security is downgraded, the Director of Finance and/or Financial Services Officer will use discretion in determining whether to sell or hold the security based on its current maturity, the economic outlook for the issuer, and other relevant factors. b. If a decision is made to retain a downgraded security in the portfolio, its presence in the portfolio will be monitored and reported monthly to the City Council. C. Mitigating market risk in the portfolio Page 9 of 19 121 of 607 TITLE: Investments POLICY #203 ADOPTED: October 23,1990 AMENDED: October 17, 2017November 20, 2018 Market risk is the risk that the portfolio value will fluctuate due to changes in the general level of interest rates. The City recognizes that, over time, longer -term portfolios have the potential to achieve higher returns. On the other hand, longer -term portfolios have higher volatility of return. The City will mitigate market risk by providing adequate liquidity for short-term cash needs, and by making longer -term investments only with funds that are not needed for current cash flow purposes. The City further recognizes that certain types of securities, including variable rate securities, securities with principal paydowns prior to maturity, and securities with embedded options, will affect the market risk profile of the portfolio differently in different interest rate environments. The City, therefore, adopts the following strategies to control and mitigate its exposure to market risk: 1. The City will maintain a minimum of three months of budgeted operating expenditures in short term investments to provide sufficient liquidity for expected disbursements; 2. The maximum percent of callable securities (does not include "make whole call" securities as defined in the Glossary) in the portfolio will be 20%; 3. The maximum stated final maturity of individual securities in the portfolio will be five years, except as otherwise stated in this policy; and 4. The duration of the portfolio will at all times be approximately equal to the duration (typically plus or minus 20%) of a Market Benchmark Index selected by the City based on the City's investment objectives, constraints and risk tolerances. The City's current Benchmark will be documented in the investment procedures manual. X. INVESTMENT OBJECTIVES (PERFORMANCE STANDARDS AND EVALUATION) A. Overall objective: The investment portfolio will be designed with the overall objective of obtaining a total rate of return throughout economic cycles, commensurate with investment risk constraints and cash flow needs. B. Specific objective: The investment performance objective for the portfolio will be to earn a total rate of return over a market cycle which is approximately equal to the return on the Market Benchmark Index as described in the City's investment procedures manual. XI. PROCEDURES AND INTERNAL CONTROLS Page 10 of 19 122 of 607 TITLE: Investments POLICY #203 ADOPTED: October 23,1990 AMENDED: October 17, 2017November 20, 2018 A. Procedures: The Director of Finance and/or Financial Services Officer will establish written investment policy procedures in a separate investment procedures manual to assist investment staff with day-to-day operations of the investment program consistent with this policy. Such procedures will include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Director of Finance and/or Financial Services Officer. B. Internal Controls: The Director of Finance and/or Financial Services Officer is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected from loss, theft, or misuse. The internal control structure will be designed to provide reasonable assurance that these objectives are met. Internal controls will be described in the City's investment procedures manual. XII. REPORTING A. Monthly reports: In accordance with California Government Code Section 53646, a local agency treasurer who has been delegated authority to invest or reinvest funds of the local agency by the legislative body must submit a monthly report to the legislative body accounting for transactions made during the reporting period. B. Quarterly reports: Quarterly investment reports will be submitted by the Director of Finance and/or Financial Services Officer to the City Council, at an agendized meeting, consistent with the requirements contained in California Government Code Section 53646, including but not limited to the following information: 1. Type of investment 2. Name of issuer and/or financial institution 3. Date of purchase 4. Date of maturity 5. Current market value for all securities 6. Rate of interest 7. Purchase price of investment 8. Other data as required by the City C. Annual reports: The Investment Policy will be reviewed and adopted at least annually to ensure its consistency with the overall objectives of preservation of principal, liquidity, and return, and its relevance to current law and financial and economic trends. Page 11 of 19 123 of 607 TITLE: Investments POLICY #203 ADOPTED: October 23,1990 AMENDED: October 17, 201-7November 20, 2018 Related Policy References California Government Code Sections: 16429.1— 16429.4, and 53600 — 53686 Investment Company Act of 1940 Investment Advisers Act of 1940 Securities and Exchange Commission Rule #15C3-1 Appendix I attached: "Authorized Personnel" Appendix II attached: "Glossary of Investment Terms" Page 12 of 19 124 of 607 TITLE: Investments POLICY #203 ADOPTED: October 23,1990 AMENDED: October 17, 2017November 20, 2018 Prior Policy Amendments October 17, 2017 December 6, 2016 December 15, 2015 December 16, 2014 December 10, 2013 January 10, 2012 Page 13 of 19 125 of 607 Appendix I Authorized Personnel The following positions are authorized to transact investment business and wire funds for investment purposes on behalf of the City of National City: City Manager Deputy City Manager Director of Finance Financial Services Officer Page 14 of 19 126 of 607 Appendix II GLOSSARY OF INVESTMENT TERMS Agencies. Shorthand market terminology for any obligation issued by a government - sponsored entity (GSE), or a federally related institution. Most obligations of GSEs are not guaranteed by the full faith and credit of the US government. Examples are: FDIC. The Federal Deposit Insurance Corporation provides insurance backed by the full faith and credit of the US government to certain bank deposits and debt obligations. FFCB. The Federal Farm Credit Bank System provides credit and liquidity in the agricultural industry. FFCB issues discount notes and bonds. FHLB. The Federal Home Loan Bank provides credit and liquidity in the housing market. FHLB issues discount notes and bonds. FHLMC. Like FHLB, the Federal Home Loan Mortgage Corporation provides credit and liquidity in the housing market. FHLMC, also called "FreddieMac" issues discount notes, bonds and mortgage pass -through securities. FNMA. Like FHLB and FreddieMac, the Federal National Mortgage Association was established to provide credit and liquidity in the housing market. FNMA, also known as "FannieMae," issues discount notes, bonds and mortgage pass -through securities. GNMA. The Government National Mortgage Association, known as "GinnieMae," issues mortgage pass -through securities, which are guaranteed by the full faith and credit of the US Government. PEFCO. The Private Export Funding Corporation assists exporters. Obligations of PEFCO are not guaranteed by the full faith and credit of the US government. TVA. The Tennessee Valley Authority provides flood control and power and promotes development in portions of the Tennessee, Ohio and Mississippi River valleys. TVA currently issues discount notes and bonds. Asked. The price at which a seller offers to sell a security. Asset Backed Securities. Securities supported by pools of installment loans or leases or by pools of revolving lines of 'credit!. i Commented [TP21: Added ABS to glossary. Average life. In mortgage -related investments, including CMOs, the average time to expected receipt of principal payments, weighted by the amount of principal expected. Banker's acceptance. A money market instrument created to facilitate international trade transactions. It is highly liquid and safe because the risk of the trade transaction is transferred to the bank which "accepts" the obligation to pay the investor. Benchmark. A comparison security or portfolio. A performance benchmark is a partial market index, which reflects the mix of securities allowed under a specific investment policy. Bid. The price at which a buyer offers to buy a security. Broker. A broker brings buyers and sellers together for a transaction for which the broker receives a commission. A broker does not sell securities from his own position. Callable. A callable security gives the issuer the option to call it from the investor prior to its maturity. The main cause of a call is a decline in interest rates. If interest rates decline since an issuer issues securities, it will likely call its current securities and reissue them at a lower rate Page 15 of 19 127 of 607 of interest. Callable securities have reinvestment risk as the investor may receive its principal back when interest rates are lower than when the investment was initially made. Certificate of Deposit (CD). A time deposit with a specific maturity evidenced by a certificate. Large denomination CDs may be marketable. Collateral. Securities or cash pledged by a borrower to secure repayment of a loan or repurchase agreement. Also, securities pledged by a financial institution to secure deposits of public monies. Collateralized Mortgage Obligations (CMO). Classes of bonds that redistribute the cash flows of mortgage securities (and whole loans) to create securities that have different levels of prepayment risk, as compared to the underlying mortgage securities. Commercial paper. The short-term unsecured debt of corporations. Cost yield. The annual income from an investment divided by the purchase cost. Because it does not give effect to premiums and discounts which may have been included in the purchase cost, it is an incomplete measure of return. Coupon. The rate of return at which interest is paid on a bond. Credit risk. The risk that principal and/or interest on an investment will not be paid in a timely manner due to changes in the condition of the issuer. Current yield. The annual income from an investment divided by the current market value. Since the mathematical calculation relies on the current market value rather than the investor's cost, current yield is unrelated to the actual return the investor will earn if the security is held to maturity. Dealer. A dealer acts as a principal in security transactions, selling securities from and buying securities for his own position. Debenture. A bond secured only by the general credit of the issuer. Delivery vs. payment (DVP). A securities industry procedure whereby payment for a security must be made at the time the security is delivered to the purchaser's agent. Derivative. Any security that has principal and/or interest payments which are subject to uncertainty (but not for reasons of default or credit risk) as to timing and/or amount, or any security which represents a component of another security which has been separated from other components ("Stripped" coupons and principal). A derivative is also defined as a financial instrument the value of which is totally or partially derived from the value of another instrument, interest rate or index. Discount. The difference between the par value of a bond and the cost of the bond, when the cost is below par. Some short-term securities, such as T-bills and banker's acceptances, are known as discount securities. They sell at a discount from par, and return the par value to the investor at maturity without additional interest. Other securities, which have fixed coupons trade at a discount when the coupon rate is lower than the current market rate for securities of that maturity and/or quality. Diversification. Dividing investment funds among a variety of investments to avoid excessive exposure to any one source of risk. Duration. The weighted average time to maturity of a bond where the weights are the present values of the future cash flows. Duration measures the price sensitivity of a bond to changes in interest rates. (See modified duration). Federal funds rate. The rate of interest charged by banks for short-term Loans to other banks. The Federal Reserve Bank through open -market operations establishes it. Page 16 of 19 128 of 607 Federal Open Market Committee: A committee of the Federal Reserve Board that establishes monetary policy and executes it through temporary and permanent changes to the supply of bank reserves. Haircut: The margin or difference between the actual market value of a security and the value assessed by the lending side of a transaction (i.e. a repo). Leverage. Borrowing funds in order to invest in securities that have the potential to pay earnings at a rate higher than the cost of borrowing. Liquidity: The speed and ease with which an asset can be converted to cash. Local Agency Investment Fund (LAIF). A voluntary investment fund managed by the California State Treasurer's Office open to government entities and certain non-profit organizations in California. Local Government Investment Pool. Investment pools including the Local Agency Investment Fund (LAIF), county pools, joint powers authorities (JPAs). These funds are not subject to the same SEC rules applicable to money market mutual funds. Make Whole Call. A type of call provision on a bond that allows the issuer to pay off the remaining debt early. Unlike a call option, with a make whole call provision, the issuer makes a lump sum payment that equals the net present value (NPV) of future coupon payments that will not be paid because of the call. With this type of call, an investor is compensated, or "made whole." Margin: The difference between the market value of a security and the loan a broker makes using that security as collateral. Market risk. The risk that the value of securities will fluctuate with changes in overall market conditions or interest rates. Market value. The price at which a security can be traded. Marking to market. The process of posting current market values for securities in a portfolio. Maturity. The final date upon which the principal of a security becomes due and payable. Medium term notes. Unsecured, investment -grade senior debt securities of major corporations which are sold in relatively small amounts either on a continuous or an intermittent basis. MTNs are highly flexible debt instruments that can be structured to respond to market opportunities or to investor preferences. Modified duration. The percent change in price for a 100 basis point change in yields. Modified duration is the best single measure of a portfolio's or security's exposure to market risk. Money market. The market in which short term debt instruments (T-bills, discount notes, commercial paper and banker's acceptances) are issued and traded. Mortgage pass -through securities. A securitized participation in the interest and principal cashflows from a specified pool of mortgages. Principal and interest payments made on the mortgages are passed through to the holder of the security. Municipal Securities. Securities issued by state and local agencies to finance capital and operating expenses. Mutual fund. An entity which pools the funds of investors and invests those funds in a set of securities which is specifically defined in the fund's prospectus. Mutual funds can be invested in various types of domestic and/or international stocks, bonds, and money market instruments, as set forth in the individual fund's prospectus. For most large, institutional investors, the costs associated with investing in mutual funds are higher than the investor can obtain through an individually managed portfolio. Page 17 of 19 129 of 607 Nationally Recognized Statistical Rating Organization (NRSRO). A credit rating agency the United States Securities and Exchange Commission uses for regulatory purposes. Credit rating agencies provide assessments of an investment's risk. The issuers of investments, especially debt securities, pay credit rating agencies to provide them with ratings. The three most prominent NRSROs are Fitch, S&P, and Moody's. Premium. The difference between the par value of a bond and the cost of the bond, when the cost is above par. Prepayment speed. A measure of how quickly principal is repaid to investors in mortgage securities. Prepayment window. The time period over which principal repayments will be received on mortgage securities at a specified prepayment speed. Primary dealer. A financial institution (1) that is a trading counterpart)/ with the Federal Reserve in its execution of market operations to carry out US monetary policy, and (2) that participates for statistical reporting purposes in compiling data on activity in the US Government securities market. Prudent person (man) rule. A standard of responsibility which applies to fiduciaries. In California, the rule is stated as "Investments shall be managed with the care, skill, prudence and diligence, under the circumstances then prevailing, that a prudent person, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of like character and with like aims to accomplish similar purposes." Realized yield. The change in value of the portfolio due to interest received and interest earned and realized gains and losses. It does not give effect to changes in market value on securities, which have not been sold from the portfolio. Regional dealer. A financial intermediary that buys and sells securities for the benefit of its customers without maintaining substantial inventories of securities, and that is not a primary dealer. Repurchase agreement (RP, Repo). Short term purchases of securities with a simultaneous agreement to sell the securities back at a higher price. From the seller's point of view, the same transaction is a reverse repurchase agreement. Safekeeping. A service to bank customers whereby securities are held by the bank in the customer's name. Short Term. Less than one (1) year's time. Structured note. A complex, fixed income instrument, which pays interest, based on a formula tied to other interest rates, commodities or indices. Examples include inverse floating rate notes which have coupons that increase when other interest rates are falling, and which fall when other interest rates are rising, and "dual index floaters," which pay interest based on the relationship between two other interest rates - for example, the yield on the ten-year Treasury note minus the Libor rate. Issuers of such notes lock in a reduced cost of borrowing by purchasing interest rate swap agreements. Supranational. A Supranational is a multi -national organization whereby member states transcend national boundaries or interests to share in the decision making to promote economic development in the member countries. Total rate of return. A measure of a portfolio's performance over time. It is the internal rate of return, which equates the beginning value of the portfolio with the ending value; it includes interest earnings, realized and unrealized gains, and losses in the portfolio. Page 18 of 19 130 of 607 US Treasury obligations. Securities issued by the US Treasury and backed by the full faith and credit of the United States. Treasuries are considered to have no credit risk, and are the benchmark for interest rates on all other securities in the US and overseas. The Treasury issues both discounted securities and fixed coupon notes and bonds. Treasury bills. All securities issued with initial maturities of one year or less are issued as discounted instruments, and are called Treasury bills. The Treasury currently issues three- and six-month T-bills at regular weekly auctions. It also issues "cash management" bills as needed to smooth out cash flows. Treasury notes. All securities issued with initial maturities of two to ten years are called Treasury notes, and pay interest semi-annually. Treasury bonds. All securities issued with initial maturities greater than ten years are called Treasury bonds. Like Treasury notes, they pay interest semi-annually. Value. Principal plus accrued interest. Volatility. The rate at which security prices change with changes in general economic conditions or the general level of interest rates. Yield to Maturity. The annualized internal rate of return on an investment which equates the expected cash flows from the investment to its cost. Page 19 of 19 131 of 607 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: November 20, 2018 I. INTRODUCTION The City of National City's investment program will conform to federal, state, and other legal requirements, including California Government Code Sections 16429.1-16429.4, 53600-53609, and 53630-53686. The following investment policy addresses the methods, procedures, and practices which must be exercised to ensure effective and judicious fiscal and investment management of the City's funds. It is the policy of the City to invest public funds in a manner that will provide a market rate of return, given its requirements for preserving principal and meeting the daily cash flow demands of the City. All investments will comply with this Investment Policy and governing laws. This Investment Policy replaces any previous Investment Policy or Investment Procedures of the City. II. SCOPE This Investment Policy applies to all the City's financial assets and investment activities with the following exception(s): Proceeds of debt issuance shall be invested in accordance with the City's general investment philosophy as set forth in this policy; however, such proceeds are invested in accordance with permitted investment provisions of their specific bond indentures. Pooling of Funds: Except for cash in certain restricted and special funds, the City will consolidate cash and reserve balances from all funds to maximize investment earnings and to increase efficiencies with regard to investment pricing, safekeeping and administration. Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles. III. GENERAL OBJECTIVES The overriding objectives of the investment program are to preserve principal, provide sufficient liquidity, and manage investment risks. Page 1 of 18 132 of 607 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: November 20, 2018 1. Safety: Safety of principal is the foremost objective of the investment program. Investments will be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to mitigate credit risk and interest rate risk. 2. Liquidity: The investment portfolio will remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. 3. Return: The investment portfolio will be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints for safety and liquidity needs. IV. PRUDENCE, INDEMNIFICATION, AND ETHICS A. Prudent Investor Standard: Management of the City's investments is governed by the Prudent Investor Standard as set forth in California Government Code Section 53600.3: "...all governing bodies of local agencies or persons authorized to make investment decisions on behalf of those local agencies investing public funds pursuant to this chapter are trustees and therefore fiduciaries subject to the prudent investor standard. When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the City, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the City. Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law." B. Indemnification: The Director of Finance or City Manager designee hereinafter designated as Financial Services Officer and other authorized persons responsible for managing City funds, acting in accordance with written procedures and the Investment Policy and exercising due diligence, will be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported within 30 days and appropriate action is taken to control adverse developments. C. Ethics: Officers and employees involved in the investment process will refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Page 2 of 18 133 of 607 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: November 20, 2018 V. DELEGATION OF AUTHORITY A. Authority to manage the City's investment program is derived from California Government Code Section 53600 et seq. The City Council is responsible for the City's cash management, including the administration of this Investment Policy. Management responsibility for the cash management of City funds is hereby delegated to the Director of Finance and/or Financial Service Officer. The Director of Finance and/or Financial Services Officer will be responsible for all transactions undertaken and will establish a system of procedures and controls to regulate the activities of subordinate employee. B. The City may engage the services of one or more external investment managers to assist in the management of the City's investment portfolio in a manner consistent with the City's objectives. Such external managers may be granted discretion to purchase and sell investment securities in accordance with this Investment Policy. Such managers must be registered under the Investment Advisers Act of 1940. VI. AUTHORIZED FINANCIAL INSTITUTIONS, DEPOSITORIES, AND BROKER/DEALERS A list will be maintained of financial institutions and depositories authorized to provide investment services. In addition, a list will be maintained of approved security broker/dealers selected by conducting a process of due diligence described in the investment procedures manual. These may include "primary" dealers or regional dealers that qualify under Securities and Exchange Commission (SEC) Rule 15C3-1 (uniform net capital rule). A. The City's Director of Finance and/or Financial Services Officer will determine which financial institutions are authorized to provide investment services to the City. Institutions eligible to transact investment business with the City include: 1. Primary government dealers as designated by the Federal Reserve Bank; 2. Nationally or state -chartered banks; 3. The Federal Reserve Bank; and 4. Direct issuers of securities eligible for purchase. B. Selection of financial institutions and broker/dealers authorized to engage in transactions with the City will be at the sole discretion of the City. Page 3 of 18 134 of 607 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: November 20, 2018 C. All financial institutions which desire to become qualified bidders for investment transactions (and which are not dealing only with the investment adviser) must supply the Director of Finance and/or Financial Services Officer with a statement certifying that the institution has reviewed California Government Code Section 53600 et seq. and the City's Investment Policy. D. Selection of broker/dealers used by an external investment adviser retained by the City will be at the sole discretion of the investment adviser. E. Public deposits will be made only in qualified public depositories as established by State law. Deposits will be insured by the Federal Deposit Insurance Corporation, or, to the extent the amount exceeds the insured maximum, will be collateralized in accordance with State law. VII. DELIVERY, SAFEKEEPING AND CUSTODY, AND COMPETITIVE TRANSACTIONS A. Delivery -versus -payment: Settlement of all investment transactions will be completed using standard delivery -vs. -payment procedures. B. Third -party safekeeping: To protect against potential losses by collapse of individual securities dealers, and to enhance access to securities, interest payments and maturity proceeds, all securities owned by the City will be held in safekeeping by a third party bank custodian, acting as agent for the City under the terms of a custody agreement executed by the bank and the City. C. Competitive transactions: All investment transactions will be conducted on a competitive basis which can be executed through a bidding process involving at least three separate brokers/financial institutions or through the use of a nationally recognized trading platform. VIII. AUTHORIZED AND SUITABLE INVESTMENTS All investments will be made in accordance with California Government Code Section 53600 et seq. and as described within this Investment Policy. Permitted investments under this policy will include: 1. Municipal Bonds. These include bonds of the City, the State of California, any other state, and any local agency within the state of California. The bonds will be registered in the name of the City or held under a custodial agreement at a bank. Page 4 of 18 135 of 607 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: November 20, 2018 a. Are rated in the category of "A" or better by at least two nationally recognized statistical rating organization; and b. No more than 5% per issuer. c. No more than 30% of the total portfolio may be invested in municipal bonds. 2. US Treasury and other government obligations for which the full faith and credit of the United States are pledged for the payment of principal and interest. There are no limits on the dollar amount or percentage that the City may invest in US Treasuries. 3. Federal Agency or United States government -sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government -sponsored enterprises. There are no limits on the dollar amount or percentage that the City may invest in government -sponsored enterprises. 4. Banker's acceptances, provided that: a. They are issued by institutions with short term debt obligations rated "Al" or higher, or the equivalent, by at least two nationally recognized statistical -rating organization (NRSRO); and have long-term debt obligations which are rated "A" or higher by at least two nationally recognized statistical rating organization; b. The maturity does not exceed 180 days; and c. No more than 40% of the total portfolio may be invested in banker's acceptances and no more than 5% per issuer. 5. Federally insured time deposits (Non-negotiable certificates of deposit) in state or federally chartered banks, savings and loans, or credit unions, provided that: a. The amount per institution is limited to the maximum covered under federal insurance; and b. The maturity of such deposits does not exceed 5 years. Page 5 of 18 136 of 607 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: November 20, 2018 6. Certificate of Deposit Placement Service (CDARS) a. No more than 30% of the total portfolio maybe invested in a combination of certificates of deposit including CDARS. b. The maturity of CDARS deposits does not exceed 5 years. 7. Negotiable certificates of deposit (NCDs), provided that: a. They are issued by institutions which have long-term obligations which are rated "A" or higher by at least two nationally recognized statistical rating organizations; and/or have short term debt obligations rated "A 1" or higher, or the equivalent, by at least two nationally recognized statistical rating organizations; b. The maturity does not exceed 5 years; and r 71\ c. No more than 30% of the total portfolio may be invested in NCDs and no more than 5% per issuer. 8. Commercial paper, provided that: a. The maturity does not exceed 270 days from the date of purchase; b. The issuer is a corporation organized and operating in the United States with assets in excess of $500 million; c. They are issued by institutions whose short term obligations are rated "A-1" or higher, or the equivalent, by at least two nationally recognized statistical rating organization; and whose long-term obligations are rated "A" or higher by at least two nationally recognized statistical rating organization; and d. No more than 25% of the portfolio is invested in commercial paper and no more than 5% per issuer. 9. State of California Local Agency Investment Fund (LAIF), provided that: a. The City may invest up to the maximum permitted amount in LAIF; and b. LAIF's investments in instruments prohibited by or not specified in the City's policy do not exclude it from the City's list of allowable investments, provided that the fund's reports allow the Director of Finance or Financial Services Officer to adequately judge the risk inherent in LAIF's portfolio. Page 6 of 18 137 of 607 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: November 20, 2018 10. Local government investment pools. a. San Diego County Investment Pool 11. Corporate medium term notes (MTNs), provided that: a. Such notes have a maximum maturity of 5 years; b. Are issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States; c. Are rated "A" category or better by at least two nationally recognized statistical rating organization; and d. Holdings of medium -term notes may not exceed 30% of the portfolio and no more than 5% per issuer. 12. Mortgage pass -through securities and asset -backed securities, provided that such securities: a. Have a maximum stated final maturity of 5 years. b. Be rated in a rating category of "AA" or its equivalent or better by an nationally recognized statistical rating organization. c. Purchase of securities authorized by this subdivision may not exceed 20% of the portfolio. 13. Money market mutual funds that are registered with the Securities and Exchange Commission under the Investment Company Act of 1940: a. Provided that such funds meet either of the following criteria: 1. Attained the highest ranking or the highest letter and numerical rating provided by not less than two nationally recognized statistical rating organizations; or; 2. Have retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years' experience investing in the securities and obligations authorized by California Government Code Section 53601 (a through j) and with assets under management in excess of $500 million. Page 7 of 18 138 of 607 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: November 20, 2018 b. Purchase of securities authorized by this subdivision may not exceed 20% of the portfolio. 14. Supranationals, provided that: a. Issues are US dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter -American Development Bank. b. The securities are rated in a category of "AA" or higher by a NRSRO. c. No more than 30% of the total portfolio may be invested in these securities. d. No more than 10% of the portfolio may be invested in any single issuer. e. The maximum maturity does not exceed five (5) years. IX. PORTFOLIO RISK MANAGEMENT A. The following are prohibited investment vehicles and practices: 1. State law notwithstanding, any investments not specifically described herein are prohibited, including, but not limited to futures and options. 2. In accordance with California Government Code Section 53601.6, investment in inverse floaters, range notes, or mortgage derived interest -only strips is prohibited. 3. Investment in any security that could result in a zero interest accrual if held to maturity is prohibited. 4. Trading securities for the sole purpose of speculating on the future direction of interest rates is prohibited. 5. Purchasing or selling securities on margin is prohibited. 6. The use of reverse repurchase agreements, securities lending or any other form of borrowing or leverage is prohibited. 7. The purchase of foreign currency denominated securities is prohibited. B. Mitigating credit risk in the portfolio Page 8 of 18 139 of 607 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: November 20, 2018 Credit risk is the risk that a security or a portfolio will lose some or all of its value due to a real or perceived change in the ability of the issuer to repay its debt. The City will mitigate credit risk by adopting the following strategies: 1. The diversification requirements included in Section IX are designed to mitigate credit risk in the portfolio; 2. No more than 5% of the total portfolio maybe invested in securities of any single issuer, except as noted in Section VIII of this Investment Policy; 3. The City may elect to sell a security prior to its maturity and record a capital gain or loss in order to improve the quality, liquidity, or yield of the portfolio in response to market conditions or the City's risk preferences; and 4. If securities owned by the City are downgraded by either Moody's or S&P to a level below the quality required by this Investment Policy, it will be the City's policy to review the credit situation and make a determination as to whether to sell or retain such securities in the portfolio. a. If a security is downgraded, the Director of Finance and/or Financial Services Officer will use discretion in determining whether to sell or hold the security based on its current maturity, the economic outlook for the issuer, and other relevant factors. b. If a decision is made to retain a downgraded security in the portfolio, its presence in the portfolio will be monitored and reported monthly to the City Council. C. Mitigating market risk in the portfolio Market risk is the risk that the portfolio value will fluctuate due to changes in the general level of interest rates. The City recognizes that, over time, longer -term portfolios have the potential to achieve higher returns. On the other hand, longer -term portfolios have higher volatility of return. The City will mitigate market risk by providing adequate liquidity for short-term cash needs, and by making longer -term investments only with funds that are not needed for current cash flow purposes. The City further recognizes that certain types of securities, including variable rate securities, securities with principal paydowns prior to maturity, and securities with embedded options, will affect the market risk profile of the portfolio differently in different interest rate environments. The City, therefore, adopts the following strategies to control and mitigate its exposure to market risk: 1. The City will maintain a minimum of three months of budgeted operating expenditures in short term investments to provide sufficient liquidity for expected disbursements; Page 9 of 18 140 of 607 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: November 20, 2018 2. The maximum percent of callable securities (does not include "make whole call" securities as defined in the Glossary) in the portfolio will be 20%; 3. The maximum stated final maturity of individual securities in the portfolio will be five years, except as otherwise stated in this policy; and 4. The duration of the portfolio will at all times be approximately equal to the duration (typically plus or minus 20%) of a Market Benchmark Index selected by the City based on the City's investment objectives, constraints and risk tolerances. The City's current Benchmark will be documented in the investment procedures manual. X. INVESTMENT OBJECTIVES (PERFORMANCE STANDARDS AND EVALUATION) A. Overall objective: The investment portfolio will be designed with the overall objective of obtaining a total rate of return throughout economic cycles, commensurate with investment risk constraints and cash flow needs. B. Specific objective: The investment performance objective for the portfolio will be to earn a total rate of return over a market cycle which is approximately equal to the return on the Market Benchmark Index as described in the City's investment procedures manual. XI. PROCEDURES AND INTERNAL CONTROLS A. Procedures: The Director of Finance and/or Financial Services Officer will establish written investment policy procedures in a separate investment procedures manual to assist investment staff with day-to-day operations of the investment program consistent with this policy. Such procedures will include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Director of Finance and/or Financial Services Officer. B. Internal Controls: The Director of Finance and/or Financial Services Officer is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected from loss, theft, or misuse. The internal control structure will be designed to provide reasonable assurance that these objectives are met. Internal controls will be described in the City's investment procedures manual. XII. REPORTING Page 10 of 18 141 of 607 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: November 20, 2018 A. Monthly reports: In accordance with California Government Code Section 53646, a local agency treasurer who has been delegated authority to invest or reinvest funds of the local agency by the legislative body must submit a monthly report to the legislative body accounting for transactions made during the reporting period. B. Quarterly reports: Quarterly investment reports will be submitted by the Director of Finance and/or Financial Services Officer to the City Council, at an agendized meeting, consistent with the requirements contained in California Government Code Section 53646, including but not limited to the following information: 1. Type of investment 2. Name of issuer and/or financial institution 3. Date of purchase 4. Date of maturity 5. Current market value for all securities 6. Rate of interest 7. Purchase price of investment 8. Other data as required by the City C. Annual reports: The Investment Policy will be reviewed and adopted at least annually to ensure its consistency with the overall objectives of preservation of principal, liquidity, and return, and its relevance to current law and financial and economic trends. Related Policy References California Government Code Sections: 16429.1 — 16429.4, and 53600 — 53686 Investment Company Act of 1940 Investment Advisers Act of 1940 Securities and Exchange Commission Rule #15C3-1 Appendix I attached: "Authorized Personnel" Appendix II attached: "Glossary of Investment Terms" Page 11 of 18 142 of 607 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: November 20, 2018 Prior Policy Amendments October 17, 2017 December 6, 2016 December 15, 2015 December 16, 2014 December 10, 2013 January 10, 2012 Page 12 of 18 143 of 607 Appendix I Authorized Personnel The following positions are authorized to transact investment business and wire funds for investment purposes on behalf of the City of National City: City Manager Deputy City Manager Director of Finance Financial Services Officer Page 13 of 18 144 of 607 Appendix II GLOSSARY OF INVESTMENT TERMS Agencies. Shorthand market terminology for any obligation issued by a government - sponsored entity (GSE), or a federally related institution. Most obligations of GSEs are not guaranteed by the full faith and credit of the US government. Examples are: FDIC. The Federal Deposit Insurance Corporation provides insurance backed by the full faith and credit of the US government to certain bank deposits and debt obligations. FFCB. The Federal Farm Credit Bank System provides credit and liquidity in the agricultural industry. FFCB issues discount notes and bonds. FHLB. The Federal Home Loan Bank provides credit and liquidity in the housing market. FHLB issues discount notes and bonds. FHLMC. Like FHLB, the Federal Home Loan Mortgage Corporation provides credit and liquidity in the housing market. FHLMC, also called "FreddieMac" issues discount notes, bonds and mortgage pass -through securities. FNMA. Like FHLB and FreddieMac, the Federal National Mortgage Association was established to provide credit and liquidity in the housing market. FNMA, also known as "FannieMae," issues discount notes, bonds and mortgage pass -through securities. GNMA. The Government National Mortgage Association, known as "GinnieMae," issues mortgage pass -through securities, which are guaranteed by the full faith and credit of the US Government. PEFCO. The Private Export Funding Corporation assists exporters. Obligations of PEFCO are not guaranteed by the full faith and credit of the US government. TVA. The Tennessee Valley Authority provides flood control and power and promotes development in portions of the Tennessee, Ohio and Mississippi River valleys. TVA currently issues discount notes and bonds. Asked. The price at which a seller offers to sell a security. Asset Backed Securities. Securities supported by pools of installment loans or leases or by pools of revolving lines of credit. Average life. In mortgage -related investments, including CMOs, the average time to expected receipt of principal payments, weighted by the amount of principal expected. Banker's acceptance. A money market instrument created to facilitate international trade transactions. It is highly liquid and safe because the risk of the trade transaction is transferred to the bank which "accepts" the obligation to pay the investor. Benchmark. A comparison security or portfolio. A performance benchmark is a partial market index, which reflects the mix of securities allowed under a specific investment policy. Bid. The price at which a buyer offers to buy a security. Broker. A broker brings buyers and sellers together for a transaction for which the broker receives a commission. A broker does not sell securities from his own position. Callable. A callable security gives the issuer the option to call it from the investor prior to its maturity. The main cause of a call is a decline in interest rates. If interest rates decline since an issuer issues securities, it will likely call its current securities and reissue them at a lower rate of interest. Callable securities have reinvestment risk as the investor may receive its principal back when interest rates are lower than when the investment was initially made. Page 14 of 18 145 of 607 Certificate of Deposit (CD). A time deposit with a specific maturity evidenced by a certificate. Large denomination CDs may be marketable. Collateral. Securities or cash pledged by a borrower to secure repayment of a loan or repurchase agreement. Also, securities pledged by a financial institution to secure deposits of public monies. Collateralized Mortgage Obligations (CMO). Classes of bonds that redistribute the cash flows of mortgage securities (and whole loans) to create securities that have different levels of prepayment risk, as compared to the underlying mortgage securities. Commercial paper. The short-term unsecured debt of corporations. Cost yield. The annual income from an investment divided by the purchase cost. Because it does not give effect to premiums and discounts which may have been included in the purchase cost, it is an incomplete measure of return. Coupon. The rate of return at which interest is paid on a bond. Credit risk. The risk that principal and/or interest on an investment will not be paid in a timely manner due to changes in the condition of the issuer. Current yield. The annual income from an investment divided by the current market value. Since the mathematical calculation relies on the current market value rather than the investor's cost, current yield is unrelated to the actual return the investor will earn if the security is held to maturity. Dealer. A dealer acts as a principal in security transactions, selling securities from and buying securities for his own position. Debenture. A bond secured only by the general credit of the issuer. Delivery vs. payment (DVP). A securities industry procedure whereby payment for a security must be made at the time the security is delivered to the purchaser's agent. Derivative. Any security that has principal and/or interest payments which are subject to uncertainty (but not for reasons of default or credit risk) as to timing and/or amount, or any security which represents a component of another security which has been separated from other components ("Stripped" coupons and principal). A derivative is also defined as a financial instrument the value of which is totally or partially derived from the value of another instrument, interest rate or index. Discount. The difference between the par value of a bond and the cost of the bond, when the cost is below par. Some short-term securities, such as T-bills and banker's acceptances, are known as discount securities. They sell at a discount from par, and return the par value to the investor at maturity without additional interest. Other securities, which have fixed coupons trade at a discount when the coupon rate is lower than the current market rate for securities of that maturity and/or quality. Diversification. Dividing investment funds among a variety of investments to avoid excessive exposure to any one source of risk. Duration. The weighted average time to maturity of a bond where the weights are the present values of the future cash flows. Duration measures the price sensitivity of a bond to changes in interest rates. (See modified duration). Federal funds rate. The rate of interest charged by banks for short-term loans to other banks. The Federal Reserve Bank through open -market operations establishes it. Federal Open Market Committee: A committee of the Federal Reserve Board that establishes monetary policy and executes it through temporary and permanent changes to the supply of bank reserves. Page 15 of 18 146 of 607 Haircut: The margin or difference between the actual market value of a security and the value assessed by the lending side of a transaction (i.e. a repo). Leverage. Borrowing funds in order to invest in securities that have the potential to pay earnings at a rate higher than the cost of borrowing. Liquidity: The speed and ease with which an asset can be converted to cash. Local Agency Investment Fund (LAIF). A voluntary investment fund managed by the California State Treasurer's Office open to government entities and certain non-profit organizations in California. Local Government Investment Pool. Investment pools including the Local Agency Investment Fund (LAIF), county pools, joint powers authorities (JPAs). These funds are not subject to the same SEC rules applicable to money market mutual funds. Make Whole Call. A type of call provision on a bond that allows the issuer to pay off the remaining debt early. Unlike a call option, with a make whole call provision, the issuer makes a lump sum payment that equals the net present value (NPV) of future coupon payments that will not be paid because of the call. With this type of call, an investor is compensated, or "made whole." Margin: The difference between the market value of a security and the loan a broker makes using that security as collateral. Market risk. The risk that the value of securities will fluctuate with changes in overall market conditions or interest rates. Market value. The price at which a security can be traded. Marking to market. The process of posting current market values for securities in a portfolio. Maturity. The final date upon which the principal of a security becomes due and payable. Medium term notes. Unsecured, investment -grade senior debt securities of major corporations which are sold in relatively small amounts either on a continuous or an intermittent basis. MTNs are highly flexible debt instruments that can be structured to respond to market opportunities or to investor preferences. Modified duration. The percent change in price for a 100 basis point change in yields. Modified duration is the best single measure of a portfolio's or security's exposure to market risk. Money market. The market in which short term debt instruments (T-bills, discount notes, commercial paper and banker's acceptances) are issued and traded. Mortgage pass -through securities. A securitized participation in the interest and principal cashflows from a specified pool of mortgages. Principal and interest payments made on the mortgages are passed through to the holder of the security. Municipal Securities. Securities issued by state and local agencies to finance capital and operating expenses. Mutual fund. An entity which pools the funds of investors and invests those funds in a set of securities which is specifically defined in the fund's prospectus. Mutual funds can be invested in various types of domestic and/or international stocks, bonds, and money market instruments, as set forth in the individual fund's prospectus. For most large, institutional investors, the costs associated with investing in mutual funds are higher than the investor can obtain through an individually managed portfolio. Nationally Recognized Statistical Rating Organization (NRSRO). A credit rating agency the United States Securities and Exchange Commission uses for regulatory purposes. Credit rating agencies provide assessments of an investment's risk. The issuers of investments, Page 16 of 18 147 of 607 especially debt securities, pay credit rating agencies to provide them with ratings. The three most prominent NRSROs are Fitch, S&P, and Moody's. Premium. The difference between the par value of a bond and the cost of the bond, when the cost is above par. Prepayment speed. A measure of how quickly principal is repaid to investors in mortgage securities. Prepayment window. The time period over which principal repayments will be received on mortgage securities at a specified prepayment speed. Primary dealer. A financial institution (1) that is a trading counterparty with the Federal Reserve in its execution of market operations to carry out US monetary policy, and (2) that participates for statistical reporting purposes in compiling data on activity in the US Government securities market. Prudent person (man) rule. A standard of responsibility which applies to fiduciaries. In California, the rule is stated as "Investments shall be managed with the care, skill, prudence and diligence, under the circumstances then prevailing, that a prudent person, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of like character and with like aims to accomplish similar purposes." Realized yield. The change in value of the portfolio due to interest received and interest earned and realized gains and losses. It does not give effect to changes in market value on securities, which have not been sold from the portfolio. Regional dealer. A financial intermediary that buys and sells securities for the benefit of its customers without maintaining substantial inventories of securities, and that is not a primary dealer. Repurchase agreement (RP, Repo). Short term purchases of securities with a simultaneous agreement to sell the securities back at a higher price. From the seller's point of view, the same transaction is a reverse repurchase agreement. Safekeeping. A service to bank customers whereby securities are held by the bank in the customer's name. Short Term. Less than one (1) year's time. Structured note. A complex, fixed income instrument, which pays interest, based on a formula tied to other interest rates, commodities or indices. Examples include inverse floating rate notes which have coupons that increase when other interest rates are falling, and which fall when other interest rates are rising, and "dual index floaters," which pay interest based on the relationship between two other interest rates - for example, the yield on the ten-year Treasury note minus the Libor rate. Issuers of such notes lock in a reduced cost of borrowing by purchasing interest rate swap agreements. Supranational. A Supranational is a multi -national organization whereby member states transcend national boundaries or interests to share in the decision making to promote economic development in the member countries. Total rate of return. A measure of a portfolio's performance over time. It is the internal rate of return, which equates the beginning value of the portfolio with the ending value; it includes interest earnings, realized and unrealized gains, and losses in the portfolio. US Treasury obligations. Securities issued by the US Treasury and backed by the full faith and credit of the United States. Treasuries are considered to have no credit risk, and are the benchmark for interest rates on all other securities in the US and overseas. The Treasury issues both discounted securities and fixed coupon notes and bonds. Page 17 of 18 148 of 607 Treasury bills. All securities issued with initial maturities of one year or less are issued as discounted instruments, and are called Treasury bills. The Treasury currently issues three- and six-month T-bills at regular weekly auctions. It also issues "cash management" bills as needed to smooth out cash flows. Treasury notes. All securities issued with initial maturities of two to ten years are called Treasury notes, and pay interest semi-annually. Treasury bonds. All securities issued with initial maturities greater than ten years are called Treasury bonds. Like Treasury notes, they pay interest semi-annually. Value. Principal plus accrued interest. Volatility. The rate at which security prices change with changes in general economic conditions or the general level of interest rates. Yield to Maturity. The annualized internal rate of return on an investment which equates the expected cash flows from the investment to its cost. Page 18 of 18 149 of 607 RESOLUTION NO. 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING CITY COUNCIL POLICY NO. 203, "INVESTMENTS," AS AMENDED, FOR FISCAL YEAR 2018, AMENDING SUBSECTION 12 TO SECTION VIII AND ADDING "ASSET -BACKED SECURITIES" TO THE GLOSSARY OF INVESTMENT TERMS BE IT RESOLVED by the City Council of the City of National City that City Council Policy No. 230, entitled "Investments" is adopted as amended, for Fiscal Year 2018, to amend Section 12 to Section VIII and adding "asset -backed securities" to the Glossary of Investment Terms. PASSED and ADOPTED this 20th day of November, 2018. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 150 of 607 CC/CDC-HA Agenda 11 /20/2018 — Page 151 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the Mayor to execute an Agreement with West Coast Arborists, Inc., for specialized tree trimming, removal, and planting services from December 1, 2018 to June 30, 2019 for an amount not to exceed $95,000 by piggybacking onto the City of Encinitas' Urban Forestry Maintenance Services Contract. (Engineering/Public Works) Please scroll down to view the backup material. 151 of 607 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 20, 2018 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the Mayor to execute an Agreement with West Coast Arborists, Inc., for specialized tree trimming, removal, and planting services from December 1, 2018 to June 30, 2019 for an amount not to exceed $95,000 by piggybacking onto the City of Encinitas' Urban Forestry Maintenance Services Contract. PREPARED BY: Ray Roberson, Management Analyst II DEPARTMENT: Engineering and Public Works PHONE: 619-336-4583 APPROVED BY: EXPLANATION: See attached. FINANCIAL STATEMENT: APPROVED: Zs' FINANCE ACCOUNT NO. APPROVED: MIS 105-416-227-299-0000 (Parks Maintenance Contract Services) - $95,000 Funds previously appropriated by City Council through adoption of the FY 2019 annual budget. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Adopt Resolution authorizing the Mayor to execute an Agreement with West Coast Arborists, Inc., for specialized tree trimming, removal, and planting services from December 1, 2018 to June 30, 2019 for an amount not to exceed $95,000 by piggybacking onto the City of Encinitas' Urban Forestry Maintenance Services Contract. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Explanation w/ attachment 2. City of Encinitas Urban Forestry Maintenance Services contract 3. Service Agreement 4. Resolution 152 of 607 EXPLANATION In Fiscal Year (FY) 2015, the City contracted with West Coast Arborist, Inc. (WCA), a highly qualified and reputable contractor in the field of urban forestry, to assist the City's Park Maintenance staff with addressing the growing backlog of tree trimming requests for service. In conjunction with implementation of a grid -based tree trimming program, WCA proved to be effective in assisting City crews with clearing the backlog, which allowed City crews to focus on maintaining their tree trimming schedule. The grid schedule continues to allow for a systematic approach to ensuring that trees citywide receive regular maintenance in a manner that maximizes staff efficiency. While the grid schedule has been effective, emergency and specialized work, such as stump grinding, tree removals, and trimming taller palm trees, continues to impact the City's preventative maintenance schedule. Therefore, staff desires to contract with WCA to assist Parks Maintenance staff with specialized urban forestry maintenance support services. Currently, WCA has 25 service contracts with public agencies in Southern California (see attached). National City Municipal Code (NCMC) Section 2.60.260 provides authority to the purchasing agent to join with other public jurisdictions to take advantage of cooperative purchasing opportunities, including but not limited to any federal, state or local agency pricing program or structure that is determined by the purchasing agent to allow a procurement that is in the best interests of the City. The purchasing agent may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined by the purchasing agent to be in substantial compliance with the City's procurement procedures, irrespective of the contracting limits of that jurisdiction or agency, even if the City had not initially joined with that public agency in the cooperative purchase. National City's Purchasing staff has confirmed that the City of Encinitas' Urban Forestry Maintenance Services contract with WCA was competitively bid through a RFP process, and that the City of Encinitas' procurement procedures are in substantial compliance with those of National City. On January 8, 2018, the City of Encinitas entered into a four year agreement with WCA for Urban Forest Maintenance Services, which expires on January 17, 2022. The contract may be extended with a total of two separate, three year options. Staff requests that City Council waive the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorize the Mayor to execute an Agreement with West Coast Arborists, Inc., for specialized tree trimming, removal, and planting services from December 1, 2018 to June 30, 2019 for an amount not to exceed $95,000 by piggybacking onto the City of Encinitas' Urban Forestry Maintenance Services Contract. 153 of 607 West Coast Arborists, Inc. List of Local Annual Customers Public Agency Carlsbad Chula Vista Coronado Del Mar El Cajon Encinitas Escondido Imperial Beach La Mesa Lemon Grove Oceanside Poway San Diego San Marcos Santee Solana beach Vista San Diego County National School District Padre Dam Water District Poway USD La Mesa -Spring Valley School Distric Sweetwater Authority Swetwater UHSD UC San Diego 154 of 607 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND WEST COAST ARBORISTS, INC. THIS AGREEMENT is entered into on this 1st day of December, 2018, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and WEST COAST ARBORISTS, INC., a California corporation (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide Urban Forestry Maintenance Services to assist the City's Park Maintenance staff with ongoing tree trimming needs and demands. WHEREAS, the CITY has determined that the CONTRACTOR is a certified forestry professional and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. WHEREAS, the CITY has determined that the CONTRACTOR provides forestry maintenance services to multiple municipalities and other governmental agencies in the Southern California region. WHEREAS, this contract is being awarded based on cooperative purchasing, as permitted in National City Municipal Code section 2.60.260. The City of Encinitas completed a competitive bid process for these services and selected the CONTRACTOR, and the CITY is entering into this Agreement with the prices established through that competitive process. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY agrees to engage the CONTRACTOR to perform tree pruning, trimming, and planting services, and the CONTRACTOR agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services shall be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on December 1, 2018. The duration of this Agreement is for the period of December 1, 2018 through June 30, 2019. Completion dates or time durations for specific portions of the Project (defined below) are set forth in Exhibit "B". 155 of 607 3. SCOPE OF SERVICES. The CONTRACTOR will perform tree pruning, trimming, removal, and planting services as set forth in the attached Exhibit "A" following the fee schedule as set forth in the attached Exhibit "B" (the "Project"). The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings, as required, to keep staff and City Council advised of the progress on the Project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. Victor Uribe, Park Superintendent, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Michael Palat thereby is designated as the Project Director for the CONTRACTOR. 5. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $95,000. The compensation for the CONTRACTOR'S work shall not exceed the rates set forth in Exhibit "A". Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the CITY. The 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 the CITY, and for furnishing of copies to the CITY, if requested. 6. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONTRACTOR and the CITY cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR in this Agreement, the CITY or the CONTRACTOR shall give to the other written notice. Within ten (10) business days, the CONTRACTOR and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CON TRACTOR. Standard Agreement Page 2 of 12 City of National City and Revised July 2017 WCA 12/2018 - 6/2019 156 of 607 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY, and CONTRACTOR thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONTRACTOR'S written work product for the CITY'S purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CON "TRACTOR shall relieve the CONTRACTOR from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of Services of this Project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or SUBCONTRACTORS, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its SUBCONTRACTOR(S) shall require the SUBCON TRACTORS) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY, nor its officers, agents, or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR'S employees, except as set forth in this Agreement. The CONTRACTOR, or the CONTRACTOR'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY. The CONTRACTOR and its agents, servants, and employees are wholly independent from the CITY and CONTRACTOR'S obligations to the CITY are solely prescribed by this Agreement.. Standard Agreement Page 3 of 12 City of National City and Revised July 2017 WCA 12/2018 - 6/2019 157 of 607 10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR and each of its SUBCON fRACTOR(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 12. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR'S professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the Project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the Project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -section will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for Project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in Standard Agreement Page 4 of 12 City of National City and Revised July 2017 WCA 12/2018 - 6/2019 158 of 607 conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 15. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR'S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers, employees or volunteers. CITY will cooperate reasonably in the defense of any action, and CONTRACTOR shall employ competent counsel, reasonably acceptable to the City Attorney. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. EMPLOYEE PAYMENTS AND INDEMNIFICATION. 16.1 PERS Eligibility Indemnification. If CONTRACTOR'S employee(s) providing services under this Agreement claims, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the Standard Agreement Page 5 of 12 Revised July 2017 WCA 12/2018 - 6/2019 City of National City and 159 of 607 employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY. CONTRACTOR'S employees providing service under this Agreement shall not: (1) qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid by CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would accrue to a CITY employee. CONTRACTOR's employees hereby waive any claims to benefits or compensation described in this Section 16. The Section 16 applies to CONTRACTOR notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary. 16.2 Limitation of CITY Liability. The payment made to CONTRACTOR under this Agreement shall be the full and complete compensation to which CONTRACTOR and CONTRACTOR's officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither CONTRACTOR nor CONTRACTOR's officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of CONTRACTOR. The CITY shall not be required to pay any workers' compensation insurance on behalf of CONTRACTOR. 16.3 Indemnification for Employee Payments. CONTRACTOR agrees to defend and indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to PERS, social security, salary or wages, overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of (1) CONTRACTOR, (2) any employee of CONTRACTOR, or (3) any employee of CONTRACTOR construed to be an employee of the CITY, for work performed under this Agreement. This is a continuing obligation that survives the termination of this Agreement. 17. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, employees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 18. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONTRACTOR(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following insurance policies: A. n If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $2,000,000 Standard Ageement Page 6 of 12 City of National City and Revised July 2017 WCA 12/2018 - 6/2019 160 of 607 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of either $1,000,000 per occurrence and $2,000,000 aggregate with a $5,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONTRACTOR has no employees subject to the California Workers' Compensation and Labor laws, CONTRACTOR shall execute a Declaration to that effect. Said Declaration shall be provided to CONTRACTOR by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY's Risk Manager, at the address listed in subsection G below, of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. The Certificate Holder for all policies of insurance required by this Section shall be: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 H. Insurance shall be written with only insurers authorized to conduct business in Californiathat hold a current policy holder's alphabetic and financial size category rating of not less than A:VII according to the current Best's Key Rating Guide, or a company of equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by Standard Agreement Page 7 of 12 City of National City and Revised July 2017 WCA 12/2018 - 6/2019 161 of 607 the CITY'S Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. CITY reserves the right to modify the insurance requirements of this Section 18, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. K. If the CONTRACTOR maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY requires and shall be entitled to the broader coverage or higher limits (or both) maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. 19. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 20. TERNIINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. Standard Agreement Page 8 of 12 City of National City and Revised July 2017 WCA 12/2018 - 6/2019 162 of 607 E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To. CITY_: Victor. Uribc Park Superintendent Engineering and Public Works Department City of National City 1243 National City Boulevard National City, CA 91950-4397 To CONTRACTOR: Michael Palat Area Manager West Coast Arborists, Inc. 8524 Commerce Avenue, Suite B San Diego, CA 92121 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the Project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall Standard Agreement Page 9 of 12 Revised July 2017 WCA 12/2018 - 6/2019 City of National City and 163 of 607 at all times comply with the terms of the Political Reform. Act and the National City Conflict of Interest Code. The CON TRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Section 22 by the CONTRACTOR. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. Contractor is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. ADMINISTRATIVE PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits,schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. Standard Agreement Page 10 of 12 City of National City and Revised July 2017 WCA 12/2018 - 6/2019 164 of 607 H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The venue for any action shall be in either state or federal court in the County of San Diego, State of California. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Subcontractors or Subcontractors. The CITY is engaging the services of the CONTRACTOR identified in this Agreement. The CONTRACTOR shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY in writing. In the event any portion of the work under this Agreement is subcontracted, the subcontractor(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 18 and the indemnification and hold harmless provision of Section 15 of this Agreement. M. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. [END OF AGREEMENT — SIGNATURES APPEAR ON NEXT PAGE] Standard Agreement Page 11 of 12 City of National City and Revised July 2017 WCA 12/2018 - 6/2019 165 of 607 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney By: Roberto M. Contreras Deputy City Attorney WEST COAST ARBORISTS, INC., a California. corporation (Corporation— si • natures of two corporate; ffic rs required) By: ame) Patrick Mahoney (Print) President Richard M'ahonev:% (Title) Standard Agreement Page 12 of 12 City of National City and Revised July 2017 WCA 12/2018 - 6/2019 166 of 607 Exhibit A West Coast Arborists, Inc. Scope of Work Project Requirements The Scope of Work for this Contract is to provide professional Urban Forestry Maintenance Services for tree pruning, trimming, removal, and planting as directed by the City's Park Supervisor, to maintain the City of National City's trees in a safe, attractive and overall healthy condition. Prices for said services are listed in Exhibit B. The contract is not to exceed $95,000 and is effective December 1, 2018 through June 30, 2019. Page 1 of 1 167 of 607 EXHIBIT B AGREEMENT FOR GENERAL SERVICES BETWEEN THE CITY OF ENCINITAS AND WEST COAST ARBORISTS, INC. GENERAL SERVICES AND MAINTENANCE CONTRACT ONLY (Non-Federal/Prevailing Wage) THIS Contract is made and entered into by and between the City of Encinitas, a municipal corporation, hereinafter referred to as "City', and West Coast Arborists, Inc. hereinafter referred to as "Contractor". RECITALS City requires Contractor to perform its scope of work generally described as: The requirement of this Contract is to provide professional Urban Forestry Maintenance Services as conditioned in RFP No. 2017-06; for planting, pruning, trimming, staking, raising, removal, disposal, stump grinding and chipping, inventorying, documenting and all other services required to maintain the City of Encinitas trees in a safe, attractive and overall healthy condition. Contractor represents itself as possessing the necessary skills and qualifications to maintain __ the public works -project -required -by -City andTsossessing all required licenses and certifications; NOW THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1.0 Contract Documents 1.1 The Contract Documents shall be deemed to be this Agreement, the Request for Proposal and Contractor's submission, all documents attached and specifically referenced herein. 2.0 Contractor's Obligations (Attachment A) 2.1 Contractor shall perform its scope of work that is described in Attachment "A", which is attached hereto and incorporated herein as though fully set forth at length. 2.2 Contractor shall, at its own cost and expense, in a competent manner consistent with all applicable standards of care, furnish all labor, inspection, technical, administrative, professional and other personnel, all supplies and materials, equipment, tools, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculations, and all other means and methods whatsoever, except as herein otherwise expressly specified to be furnished by City, necessary or proper to perform and complete the scope of work and provide the services required by this Agreement. 2.3 Contractor is hired to render those services necessary to perform the Scope of Work in a professional manner, and any payments made to Contractor are compensation fully for those services. 2.4 Contractor shall maintain throughout the full term of this Agreement all professional certifications and licenses required in order to comply with all city, state, and federal laws in the performance of this Agreement. Urban Forest Maintenance Services RFP 2017-06 1 October 5, 2017 168 of 607 2.5 For the services to be performed, Contractor shall pay wages to Contractor's employees according to the current "General Prevailing Wage Rates" issued by the Director of the Department of Industrial Relations of the State of California and pursuant to California Labor Code Part 7, Chapter 1, Article 2, Sections 1770, 1771, 1773, 1773.1. Contractor shall follow all prevailing wage reporting required by law and the State Department of Industrial Relations (DIR). 3.0 Extra Work 3.1 Contractor, in providing the services as set forth herein, shall not perform work and will not be paid for work in excess of the Agreement amount without first obtaining a fully executed written Change Order from City or its authorized designated representative. All requests for extra work shall be made in writing and submitted to City. 4.0 Payment For Services (Attachment 8) 4.1 Contractor's payment for services, including fee schedule or other terms of compensation, is attached hereto as Attachment "B" and incorporated herein by this reference. 4.2 City agrees to compensate Contractor for the services provided under this Agreement, and Contractor agrees to accept in full satisfaction for such services, payment in accordance with Attachment "B". 4.3 Contractor shall submit to City an invoice, on a monthly basis or as otherwise agreed, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. City shall pay all undisputed amounts included on the invoice. City shall not withhold applicable taxes or other authorized deductions from payments made to Contractor, 5.0 Term of Agreement 5.1 This Agreement shall be effective on and from the day, month and year of the execution of this document by City. 5.2 Term. The term of the Agreement is for a period of four (4) years commencing on the Execution Date by City, and terminating four (4) years from the execution date ('Termination Date") unless terminated earlier as set forth herein, or extended pursuant to Section 5.3 below. 5,3 Options to Extend. Provided that City is satisfied with Contractor's performance under this Agreement and Contractor is in full compliance with the terms and conditions of this Agreement, City shall, at its sole discretion and without obligation to Contractor, have the option to extend the terms of this Agreement for no more than two (2), three (3) year options. The City Manager and Contractor shall execute the extension(s) within sixty (60) days prior to the expiration of the Agreement. The total Agreement term may not exceed (10) ten years. 5.4 Agreement Price. Contractor agrees not to raise prices for the original four (4) year term of the agreement. Thereafter, Contractor may request in writing no later than ninety (90) days from the option date to request a contract extension and price increase not to exceed the prior year annual Bureau of Labor Statistics Consumer Price Index, San Diego or 2°!0, whichever is greater. All price increases shall take effect upon the effective date of the renewal. Urban Forest Maintenance Services 2 October 5, 2017 RFP 2017-06 169 of 607 6.0 Termination of Agreement 6.1 In the event of Contractor's failure to prosecute, deliver, or perform the described services, the City may terminate this Contract by notifying Contactor by certified mail of said termination. Thereupon, Contractor shall cease work and within five (5) working days: (1) assemble all materials and records prepared or obtained in the performance of this Agreement and deliver said documents to the City and (2) place all work in progress in a safe and protected condition. The City Manager shalt make a determination of the percentage of work which Contractor has performed which is usable and of worth to the City. Based upon that finding, the City shall determine any final payment due to Contractor. 6.2 This Contract may be terminated by the City, without cause, upon the giving written notice to the Contractor. Contractor shall: (1) assemble all materials and records prepared or obtained in the performance of this Contract and deliver said documents and materials to the City and (2) place all work in progress in a safe and protected condition. The City Manager shall make a determination of the percentage of work which Contractor has performed which is usable and of worth to the City. Based upon that finding, the City shall determine any final payment due to Contractor. 7.0 Independent Contractor 7.1 Contractor shall perform the services provided for herein in a manner of Contractor's own choice, as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor shall be under control of City only as to the result to be accomplished and the personnel assigned to the Project. However, Contractor shall confer with City as required to perform this Agreement. 7.2 If Contractor is approved by the City to subcontract for extenuating circumstances any work to be performed under this Agreement, Contractor shall be as fully responsible to City or the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in the Agreement shall create any contractual relationship between any subcontractor of Contractor and City. Contractor shall bind every subcontractor by the terms of the Agreement applicable to Contractor's work, including indemnity and insurance requirements. 8.0 No Assignment of Agreement 8.1 Contractor has no authority or right to assign this Agreement or any part thereof or any monies due thereunder without first obtaining the prior written consent of City. 9.0 No Verbal Agreement or Conversation 9.1 No verbal agreement or conversation with any officers, elected officials, appointed officials, volunteers, agent or employee of City, either before, during or after the execution of this Agreement, shall effect or modify any of the terms or obligations herein contained nor such verbal agreement or conversation entitle Contractor to any additional payment whatsoever under the terms of this Agreement. 10.0 Disputes 10.1 If a dispute should arise regarding the performance of this Agreement, the following Urban Forest Maintenance Services 3 October 5, 2017 RFP 2017-06 170 of 607 initial dispute resolution procedures shall be used: A. Within twenty (30) City working days after a dispute regarding the performance of this Agreement arises, it shall be reduced to writing at staff level by the complaining party setting forth the nature of the dispute in detail, along with all pertinent back-up documentation in support. The writing shall be delivered to the receiving party by first class mail or personal delivery directly to the parry's project manager, along with recommended methods of resolution. B. The party receiving the letter shall reply to the letter with a detailed response, along with a recommended method of resolution, if any, within ten (10) City working days of receipt of the letter. 10.2 If the dispute is not resolved at staff level in accordance with Section 10.1, within five (5) City working days of the receiving party response (or longer if agreed between the parties), the aggrieved party, through its respective project manager shall deliver to the City Manager's office a letter outlining the dispute for the City Manager's review. The receiving party may submit further response, if required, to the City Manager within five (5) city working days thereafter, The City Manager, at his/her sole discretion may respond as he/she deems appropriate, including recommendations for resolution, discussion or rejection of the dispute within fifteen (15) working days of receipt of the complaint. 10.3 If the dispute remains unresolved and the parties have exhausted the procedures outlined in this section, the parties may then seek remedies available to them under this Agreement and at law, including, but not limited to, under the termination procedures. This provision does not relieve Contractor of its obligation and Contractor is required to timely comply with all applicable provisions of the Government Claims Act before initiating any legal proceeding against City. 11.0 Hold Harmless 11.1 To the greatest extent allowed by law, Contractor shall defend and indemnify and hold City, its officials, officers, agents, employees, and representatives free and harmless from any and all claims, demands, negligence (including the active or passive negligence of City as allowed by law), causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, to the extent arising out of or incident to any acts, omissions, negligence or willful misconduct of Contractor, its officials, officers, employees, agents, consultants, subcontractors and contractors arising out of or in connection with the performance of the scope of work or this Agreement, Including without limitation the payment of all damages and attorney's fees, fines, penalties and other related costs and expenses. The only limitations on this provision shall be those imposed by Civil Code Section 2782 or other applicable provisions of law. 11.2 Contractor's defense obligation (with counsel approved by City), shall arise immediately upon City's tender, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its officials, officers, agents, employees and representatives, notwithstanding whether liability is or can be established against City. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City, its officials, officers, employees, agents, employees and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse City, its officials, officers, agents, employees and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code Section 2782 or other applicable provisions of law. 11.3 Contractor's defense and indemnity obligations herein include, but are not limited to Urban Forest Maintenance Services 4 October 5, 2017 RFP 2017-06 171 of 607 damages, fines, penalties, attorney's fees and costs arising from claims under the Americans With Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Contractor's Work during the scope of work or after the Project is complete, as the result of defects or negligence in Contractor's services. 11.4 Contractor's obligation herein includes, but is not limited to, alleged defects in the services performed; alleged defects in the materials or services furnished under the Agreement; alleged injury to persons or property; alleged inverse condemnation of property as a consequence of the performance of the work or the improvement; any regulatory violations (including but not limited to Stormwater Pollution Control BMP/Erosion Control and regulatory requirements); and any accident, Toss or damage to City property or third party liability prior to the acceptance of same by City. 11.5 By inspecting, approving or accepting the services performed by Contractor, City shall not have waived the protections afforded herein to City and City's officers, elected officials, appointed officials, volunteers, employees and agents or diminished the obligation of Contractor who shall remain obligated in the same degree to indemnify and hold City and City's officers, elected officials, appointed officials, volunteers, employees and agents, harmless as provided above. 12.0 Insurance 12.1 Commercial General Liability Insurance. Contractor shall obtain and maintain for the full term of this Agreement, comprehensive general liability and property damage insurance, or commercial general liability insurance, from an insurance company approved by City having a Best Rating of A-: VII or better and authorized by the Insurance Commissioner of the State of California Department of Insurance to be transacting business in the State of California, in the following minimum limits: General liability (Including operations, Products and completed operations) Combined Single Limit Per Occurrence $5,000,000.00 General Annual Aggregate $10,000,000.00 The limits of insurance shall not relieve Contractor from liability in excess of such coverage, nor shall it limit Contractor's indemnification obligations to City, and shall not preclude City from taking such other actions available to City under other provisions of the Agreement, Contract Documents, or law. Contractor shall make certain that if any and all subcontractors hired by Contractor are insured in accordance with this Agreement. If any subcontractor's coverage does not comply with the foregoing provisions, Contractor shall indemnify and hold City harmless from any damage, loss, cost, or expense, including attorney's fees, incurred by City as a result thereof. All general liability policies shall be written to apply to all bodily injury, including death, property damage, personal injury, owned and non -owned equipment, blanket contractual liability, completed operations liability, explosion, collapse, under -ground excavation, removal of lateral support, and other covered loss, occurring during the policy term, and shall specifically insure the performance by Contractor. Contractor may combine primary, umbrella, and as broad as possible excess liability coverage to achieve the total limits indicated above. Any umbrella or excess liability policy shall include the additional insured endorsement described in this Agreement. 12.2 Automobile Liability Insurance. Such insurance shall provide coverage for bodily injury and property damage including coverage for non -owned and hired vehicles, in a form and with insurance companies acceptable to City for bodily injury and property damage in an amount, at least, one million dollars ($1,000,000) per person per accident. Urban Forest Maintenance Services RFP 2017-06 5 October 5, 2017 172 of 607 12.3 Workers' Compensation Insurance. Contractor shall provide, during the term of this Agreement, workers' compensation insurance for all of the employees engaged in Work under this Agreement, on or at any work site, and, in case of any sublet Work, Contractor shall require each subcontractor similarly to provide workers' compensation insurance for all of the latter's employees as proscribed by State law. Any class of employee or employees not covered by a subcontractor's insurance shall be covered by Contractor's insurance. Contractor is required to secure payment of compensation to its employees in accordance with the provisions of Section 3700 of the Labor Code in an amount of, at least, one million dollars ($1,000,000) per person per accident and shall contain a Waiver of Subrogation in favor of City. Contractor shall assume the immediate defense of and indemnify and save harmless City and its officers and employees, agents, and consultants from all claims, loss, damage, injury, and liability of every kind, nature, and description brought by any person employed or used by Contractor, or any subcontractors, to perform the scope of work under this Agreement regardless of responsibility or negligence. 12.4 Employer's Liability Insurance. Contractor shall provide during the life of this Agreement, Employer's Liability Insurance, including Occupational Disease, in the amount of, at least, one million dollars ($1,000,000.00) per person per accident. Contractor shall provide City with a certificate of Employer's Liability insurance. Such insurance shall comply with the provisions of the Agreement and Contract Documents. The policy shall be endorsed,_iLapplicable, to -provide -a -Borrowed Serva /Alternate Employer Endorsement and contain a Waiver of Subrogation in favor of City. 12.5 Forrn Proof of insurance. Any insurance carrier providing insurance coverage required by the Agreement and Contract Documents shall be admitted to and authorized to do business in the State of California unless waived, in writing, by City's Risk Manager. Carrier(s) shall have an A.M. Best rating of not Tess than an A : VII or better. insurance deductibles or self -insured retentions must be declared by Contractor, and such deductibles and retentions shall have the prior written consent from City. 12.6 Additional insured Requirement. City, its officers, elected officials, employees, contractors, construction managers, architect and volunteers are to be covered as additional insureds by endorsement under the General Liability, Automobile Liability, Employers Liability and Workers Compensation Liability insurance policies. The General Liability policy shall be evidenced by an additional insured endorsement, using form ISO CG 20-10-10-01 and GC 20-37-10-01 or the exact equivalent. 12.7 Other insurance Fieciuirements. The Certificate(s) and policy(s) of insurance shall provide no Tess than thirty (30) days written notice be given to City prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, City may terminate or Stop Work pursuant to this Agreement and Contract Documents, unless City receives, prior to such effective date, another properly executed original Certificate of insurance and original copies of endorsements or certified original policies, including all endorsements and attachments evidencing coverages and the insurance as required is in full force and effect. Contractor shall not take possession of any work site, or commence its scope of work under this Agreement until City has been furnished original Certificate(s) of insurance and certified original copies of Endorsements and any and all other attachments as required in this Agreement. The original Endorsements for each policy and the Certificate(s) of Insurance shall be signed by an individual authorized by the insurance carrier to do so on its behalf. Urban Forest Maintenance Services 6 October 5, 2017 RFP 2017-06 173 of 607 It is understood and agreed to by the parties and the insurance company(s) that the Certificate(s) of Insurance and policies shall be construed as primary, and City's insurance and/or deductibles and/or self -insured retentions or self -insured programs shall not be construed as contributory. 13.0 Payroll Records 13.1 Consistent with Labor Code Section 1776, Contractor and each subcontractor shall maintain accurate weekly certified payroll records showing the name, address, social security number, work classification, straight time and overtime hours paid each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed in connection with the work. Contractor shall certify under penalty of perjury that records maintained and submitted by Contractor are true and accurate. Contractor shall also require subcontractor(s) to certify weekly payroll records under penalty of perjury. 13.2 The payroll records described herein shall be certified and submitted by Contractor at a time designated by City. Contractor shall also provide the following: A certified copy of the employee's payroll records shall be made available for inspection or fumished to such employee or his or her authorized representative on request. A certified copy of all payroll records described herein shall be made available for inspection or furnished upon request of the Department of Industrial Relations ("DIR"). The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement ("DLSE) of the DIR or shall contain the same information as the forms provided by the DLSE. Any copy of records made available for inspection and fumished upon request to the public shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address, and social security number. The name and address of Contractor or any subcontractor shall not be marked or obliterated. 13.3 Pursuant to Labor Code Section 1775, Contractor and any subcontractor under the Agreement shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the DIR for the work or craft in which the worker is employed for any public work done under the Agreement by Contractor or, except as provided by statute, by any subcontract under the Agreement. Upon the request of the DIR, such penalties shall be withheld from Agreement payments. 14.0 Prevailing Wage and Enforcement Compliance 14.1 This is a prevailing wage contract and prevailing wage rates for this locality and project as determined by the Director of the DIR apply, pursuant to labor code section 1770, et. Seq. A copy of the prevailing wage rates shall be posted on the job site by Contractor. A schedule of prevailing wage rates is available for review at City's offices or may be found on the Internet at http://www.dir.ca.gov/Public- Works/Prevailing-Wage,html. Contractor shall be required to pay at least the wage rates set forth in that schedule. Certified Payroll records shall be maintained by Contractor and copies of the certified payroll shall be electronically sent to the DIR and be delivered to City at the end of each month during the entire duration of the project. Contractor is subject to compliance monitoring and enforcement by the DIR. Subject to exceptions as set forth in Labor Code section 1771.1, Contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or Urban Forest Maintenance Services RFP 2017-06 7 October 5, 2017 174 of 607 engage in the performance of any contract for public work, as defined by statute, unless it is currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. City may not accept a bid nor any contract or subcontract entered into without proof of Contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5. For more information, go to http://www.dir.ca.gov/Public-Works/Certified-Payroll-Reporting.html. Contractor shall be aware of the requirements of Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. Since this Project involves an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall obtain a copy of the prevailing rates of per diem wages at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the DIR located at www.dir.ca.gov/dlsr/. In the alternative, Contractor may view a copy of the prevailing rates of per diem wages at City's offices. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to perforrn work on the Project available to interested parties upon request, and shall post copies at Contractor's principal place of business and at the Project site. Contractor shall defend, indemnify and hold City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws. 14.2 Contractor and each subcontractor shall forfeit as a penalty to City not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rate for any work done by him, or by any subcontractor under him, in violation of the provisions of the Labor Code. The difference between such stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by Contractor. Contractor shall post, at appropriate conspicuous points on the Project site, a schedule showing all determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages actually earned. 15.0 Employment of Apprentices 15.1 Contractor's attention is directed to the provisions of Sections 1777.5, 1777.6, and 1777.7 of the Labor Code concerning employment of apprentices by Contractor or any subcontractor. Contractor shall obtain a certificate of apprenticeship before employing any apprentice pursuant to Section 1777.5, 1777.6, and 1777.7 of the Labor Code. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of the DIR, the Administrator of Apprenticeships, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 16.0 Nondiscrimination/Equal Employment Opportunity 16.1 Pursuant to Labor Code Section 1735 and other applicable provisions of law, Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap on this Project. Contractor will take affirmative action to ensure that employees are treated during employment or training without regard to their race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Urban Forest Maintenance Services RFP 2017-06 8 October 5, 2017 175 of 607 17.0 Labor/Employment Safety 17.1 Contractor shall maintain emergency first aid treatment for its employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and Califomia Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4. Contractor shall further comply with all other federal, state or local safety regulations, as they may apply to its scope of work. City shall not be responsible for inspection of Contractor's safety practices or for safety violations caused by Contractor. 18.0 Conflict of Interest 18.1 Contractor warrants and covenants that it presently has no interest in, nor shall any interest be hereinafter acquired in, any matter which will render the services required under the provisions of this Agreement a violation of any applicable state, local, or federal law, including, but not limited to, Government Code section 1090. If any principal provider of services is a "consultant" for the purposes of the Fair Political Practices Act (Gov. Code § 81000 et seq.), each such person shall comply with Form 721 Statement of Economic Interests filing requirements in accordance with state or City local Conflict of Interest Code. In addition, if any other conflict of interest should nevertheless hereinafter arise, Contractor shall promptly notify City of the existence of such conflict of interest so that City may determine whether to terminate this Agreement. 19.0 General Provisions 19.1 Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is San Diego County, North County Judicial Branch, Califomia. 19.2 Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 19.3 If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 19.4 Precedence of Agreement Documents. If there is a conflict between any of the contract documents, including attachments or incorporated documents such as the Request for Proposal (RFP) and Contractor's RFP response, the documents in the highest of precedence shall control. If no direct conflict exists, then Contractor is required to meet all requirements of this Agreement and all incorporated documents and references. The order of precedence, from highest to lowest, shall be as follows: a) This Agreement, including Attachments A and B. b) The City RFP. c) Contractor's RFP response. d) Standard Specifications. e) Reference Specifications. f) Industry Standards. 20.0 Contractor's Books and Records/Audit Right 20.1 Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any Urban Forest Maintenance Services 9 October 5, 2017 RFP 2017-06 176 of 607 longer period required by law, from the date of final payment to Contractor. 20.2 Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. 20.3 Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Attorney, City Council, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such documents shall be provided to City for inspection when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available for review and copying at Contractor's address indicated for receipt of notices in this Agreement. 20.4 City may, by written request by any of the above -named officers, require that custody of the records be given to City and that the records and documents be maintained in the City Manager's office. Access to such records and documents shall be granted to any party authorized by Contractor's representatives, or Contractor's successor in interest. 21.0 Written Notification 21.1 Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party shall be in writing and either served personally or sent by prepaid, first class mail. Any such notice, demand, etc, shall be addressed to the other party at the address set forth below. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Encinitas 505 N. Vulcan Ave Encinitas, Ca 92024 if to Contractor: West Coast Arborists, Inc. 2200 E. Via Burton Street Anaheim, Ca 92806 22.0 Contractor's Awareness And Compliance With The Americans With 1990 22.1 Contractor certifies that Contractor is aware of the requirements of Disabilities Act of 1990 (42 U. S. Code §12101) and has complied with and will requirements, including but not limited to verifying compliance of their contractors, and employees. Disabilities Act Of the Americans with comply with these consultants, agents Urban Forest Maintenance Services 10 October 5, 2017 RFP 2017-06 177 of 607 By: t0,esu ne4rn (Title) Attest: Dated: CITY OF ENCINITAS By:/111, /942.4.- Date) (Signature) , 1-,City Manager (Title) City Clerk APPROVED AS TO FORM Glenn Sabine, ity Attorneyiyj Dated: 14 } 1ST i/g/ram Date) Urban Forest Maintenance Services RFP 2017-06 11 October 5, 2017 178 of 607 ATTACHMENT "A" CONTRACTOR'S SCOPE OF WORK Contractor: West Coast Arborists, Inc. The requirement of this Contract is to provide professional Urban Forestry Maintenance Services for planting, pruning, trimming, staking, raising, removal, disposal, stump grinding and chipping, inventorying, documenting and all other services required to maintain the City of Encinitas trees in a safe, attractive and overall healthy condition. The City proposes to enter into a Contract with a qualified Contractor who is proactive in their work and can meet the requirements set forth in this proposal package. The Contractor will be required to perform and complete the proposed Urban Forestry Maintenance Services in a thorough and professional manner, and to provide all Tabor, tools, equipment, materials and supplies necessary to complete the work according to generally accepted International Society of Arboriculture (ISA) practices and standards, and in a timely manner that will meet the City's requirements. The successful proposer will be required to comply with all current prevailing wage requirements as set forth in the Labor Code administered by the Department of Industrial Relations. There are two main program goals. First, the City requires an update to the current tree inventory and database, which includes updating and maintaining records throughout the term of the Contract. Second, the City requires an annual tree maintenance program to support and develop its Urban Forest. The following requirements are meant to meet these goals. A. Tree Inventory 1. Upon Contract award, the successful Proposer shall be required to provide a complete update of the City's tree inventory at no additional cost to the City and submit the completed inventory to the City within ninety (90) days of the Contract award. The new inventory shall capture all trees within the Public Rights of Way, new tree sites ,as well as, trees in parks, open space areas and city facilities. The Contractor shall provide, at no additional cost to the City, software support to the City for the entire term of the Contract. The Contractor shall provide the City with recommendations for tree maintenance, tree health care, recommended planting locations, and recommended removals. Failure to meet and maintain the requirements for the computerized tree inventory system shall be grounds for immediate termination of the Contract. 2. Tree Software Program - The Contractor shall operate and maintain, at no additional cost to the City, a computerized Internet based urban forestry management program that includes, but is not limited to, municipal tree inventory, ability to send online work requests for services, work order tracking, work histories and the ability to update site specific tree data and work records, invoices tracking and job balances, reports, value of the urban forest, GPS accessibility, and various other computer information management system tools. 3. Record Keeping - The Contractor will provide, at no additional cost to the City, access to a record keeping system consisting of a password protected Internet -driven tracking program and Internet- based software program that allows the City to maintain information about its tree population, including the description of each tree by species, height, diameter, work history, and tree and planting site location. The program shall have the capability to produce Urban Forest Maintenance Services RFP 2017-06 12 October 5, 2017 179 of 607 detailed listings of trees and site information, work histories, service requests, summary reports and pictures of City tree species. 4. GPS - Since the City of Encinitas already has a tree inventory in GIS, the City's GIS Division will provide the current tree inventory feature class (SQL table) to the contractor as a starting point. This includes but is not limited to all publicly owned trees on street rights -of - way, parks and open spaces such as medians, streetscapes, etc. The contractor shall then track the maintenance and characteristic information of the trees in the City of Encinitas' tree inventory feature class in ArcGIS version 10. 0r, the contractor shall incorporate the City's tree inventory FacilitylD field into their own database, and include x and y (lat/long) fields necessary to map the trees in GIS. For on -going data maintenance, when a new tree is planted, the new tree site will be added as a record to the tree inventory, and will include the latitude/longitude coordinates (collected by the contractor using a Global Positioning System (GPS) device with minimum sub -meter accuracy). Lat/long coordinates shall be included at the time a new record is added, and will not be input at a later date through a bulk update process. Trees that are removed will not be deleted from the tree inventory, but will be coded as 'vacant'. At required intervals, the contractor shall provide an ArcGIS version 10 file or personal geodatabase containing the updated tree feature class, which will be reconciled with the City GIS tree inventory. Or, the contractor may provide an Excel spreadsheet or Access database table containing updated information that can be joined to the City's GIS tree inventory based on FacilityiD. If the contractor provides their own updated tree inventory database to the City, there will be a one-time requirement to provide a data dictionary of fields containing tree maintenance and tree characteristic information that corresponds to similar fields in the City's GIS tree inventory, so that the City is confident that accurate data synchronization/updating can occur. 5. Tree Inventories and Developing Inventory Databases - The program should have specialized reports designed specifically for City representatives' needs. The program should be developed based on the needs of the City and allow the City to modify and structure the program to address its specific needs. The user-friendly program should allow customers to generate a variety of reports quickly. 6. Training and Support - The Contractor shall provide, at no additional cost to the City, training and support on the software system they provide for the entire term of the contract. Contractor shall provide training to designated City staff during the hours of 7:00 A.M. to 4:30 P.M. Monday through Friday. The Contractor shall be readily available by telephone or e-mail and shall respond to the City's inquiries in a timely manner. B. Annual Maintenance Program 1. Public Relations - The Contractor shall endeavor to maintain good public relations at all times with the public. All work shall be conducted in a manner which will cause the least possible interference with or annoyance to, the public. Urban Forest Maintenance Services 13 October 5, 2017 RFP 2017-06 180 of 607 2. Work Schedule - Upon Contract award, the successful proposer shall be required to submit a work schedule based on the City's annual pruning requirements which is a systematic tree pruning program composed of existing grid or per -designed districts that are pruned in their entirety on a set schedule; removal & replacement programs which consist of removing trees designated by the City and replanting appropriate trees as replacements; and planting new appropriate trees in areas where trees do not currently exist. The proposal shall include a recommended annual work plan, daily work schedules, and personnel and vehicles that would be required to complete the annual maintenance program. Depending on the City's current and future program needs the scheduled work may require multiple crews to perform concurrently within the same time constraints. The Contractor is also required to provide service for trees prior to their regular and scheduled trim cycle in order to correct an immediate problem or concern as determined by the City's Designated Representative. Such request(s) shall be addressed and work completed within one (1) week of notice by the City. 3. Work Hours and City Notification - The Contractor's working hours, for normal work, shall be limited to the hours between 7:00 AM and 4:30 PM Monday through Friday, excluding recognized holidays. Deviation from normal working hours will not be allowed without prior authorization from the City's designated representative. The Contractor shall notify the City's Designated Representative 24hrs before beginning work. The notification shall include what work is being done and where, the name of the onsite supervisor and his or her direct phone number. 4. Emergency Response - The Contractor shall be responsible for responding to tree related emergency situations during normal business hours, after-hours, weekends and holidays. The Contractor shall have the capacity to deal with any tree related emergency situation ranging from limbs down on single trees to storm related damage that involves a large number of trees requiring the commitment and focus of significant resources and staffing levels for several days. Response time and protocol during emergencies is critical to the City of Encinitas. As part of this Contract, the Contractor shall be required to make the City of Encinitas their priority client for responses during emergencies that cover the San Diego area. • Telephone responses by the Contractor to tree related emergency calls during normal business hours and after-hours shall be made within (30) fifteen minutes of the initial call. • The response time for a crew to arrive on -site for tree related emergencies during normal business hours of operation is sixty (60) minutes. • The response time for a crew to arrive on -site for tree related emergencies outside of normal business hours of operation is ninety (90) minutes. Failure to meet these requirements may be cause for termination of the Contract. 5. Competent Supervisor and Project Manager - The Contractor shall have competent working supervisors at each jobsite at all times when work is being performed. Each supervisor must be capable of communicating effectively both in written and oral English, and holding the necessary certifications or credentials as described for that position. All supervisors must Urban Forest Maintenance Services 14 October 5, 2017 RFP 2017-06 181 of 607 possess adequate technical background to ensure that all work is accomplished per provisions of this Contract. Contractor is required to have a competent Project Manager available by telephone on a twenty-four (24) hour basis that is assigned to provide direct and prompt attention to requests from the City for emergency and after-hours tree service requests. 6. Qualified Staff - Contractor shall employ sufficient personnel qualified by reason of education, training and experience to discharge the services agreed to be performed by Contractor. Contractor shall provide service of the highest quality at all times, and personnel retained to perform this service shall be temperate, competent and otherwise fully qualified to fulfill the Contractor's obligations under the Contract. 7. Uniforms - All employees of Contractor performing services shall appear neat and well- groomed at all times and shall be dressed in clean, unaltered uniforms at no additional cost to the City, with suitable company identification. No portion of the uniform may be removed while working. Employees not in uniform shall be immediately removed from the work area. The Contractor shall provide a standard uniform consisting of at least a collared shirt with buttons, complimenting pants, a belt and boots appropriate to the work. All shirts, jackets or safety vests shall be clearly markedwithcompany identification and the name of the employee wearing the uniform in the field. Contractor employees shall wear orange safety vests when operating machinery and/or while working near moving traffic as required by any applicable laws. 8. Knowledge, Skills and Abilities - The Contractor's employees shall be subject to the following minimum knowledge, skills, abilities and requirements: • The proper license to operate equipment; • Ability to operate and maintain equipment in accordance with the manufacturer's recommendations; • Mechanical ability to make required operator adjustments to the equipment being used; • Knowledgeable of safety regulations as they relate to tree care and traffic control; • First Aid Certification from a nationally recognized organization (minimum of one member of each crew); • Ability to communicate orally and in writing in English; and, • Demonstrated knowledge of tree care and related operations. 9. ISA Standards - The Contractor shall deliver a level of quality that is compatible with Current International Society of Arboriculture (ISA) standards, and standards and requirements described herein in providing tree services compatible with standard practice that results In a neat, clean and attractive appearance to trees and associated sites serviced under the terms of the Contract. 10. Clean Worksite - Upon completion of work on individual street segments that are under the Contract, Contractor shall clean the work site and all grounds adjacent to the work area of all rubbish, excess materials and equipment. All sections of the work area shall be left in a neat and presentable condition. Care should be taken to prevent spillage on streets over Urban Forest Maintenance Services 15 October 5, 2017 RFP 2017-06 182 of 607 which work or hauling is done, and any such spillage or debris deposited on street due to Contractor operation shall be cleaned up immediately. 11. Equipment a. Overnight parking of equipment, leaving unattended debris and staging of materials on City streets will not be permitted. Waste bins shall be removed from individual street segments once the work has been completed. b. All equipment used and all maintenance practices employed shall be subject to the inspection of the City's designated representative and shall meet safety and functional requirements described herein. All vehicles and equipment operating under this Contract shall be properly marked with company identification and comply with all state and federal regulations. All equipment must be maintained in a good state of repair. All safety guards shall be in place. No equipment shall leak oil or fluids. Equipment drive belts and hoses shall be covered and in good repair and show no sign of fraying. No equipment shall present any potential danger to the operator, co-workers, passing motorists or pedestrians. Failure to comply with this provision will be cause to have the equipment removed from the job site. c. It is the Contractor's responsibility to maintain a sufficient inventory of equipment so as to complete work as specified. An inventory of equipment shall be provided with proposal. This inventory shall include the brand name, model number, weight and capacities of all equipment to be used in the performance of the Contract. All equipment is to be approved by the City prior to the start of the Contract. It is the Contractor's responsibility to notify the City's designated representative of any change in the equipment inventory during the performance of the Contract. This notification shall come in the form of an updated equipment inventory list, presented in the form of a memo on dated company letterhead. Failure to comply with this provision will be grounds to remove the Contractor from the job site until such time as equipment inventory discrepancies are addressed and may be grounds to terminate the Contract. 12. Disposal of Refuse and Debris/Landfill Diversion Requirement - All vegetation and debris generated by the Contractor in the performance of the work shall become the property of the Contractor and shall be removed from the work site promptly. The Contractor shall dispose of all generated debris at no additional cost to City and shall, at minimum, dispose of the material as is consistent with the requirements of AB 939. The Contractor is encouraged to divert as much material as possible from the landfill, meeting or exceeding the City's goal of seventy-five (75) percent diversion rate. It is anticipated that one -hundred (100) percent of the material from the work could be diverted, unless a particular tree is diseased or not suitable for reuse. 13. Protecting the Urban Forest - If, at any time, the Contractor is unclear, on what course of action to follow in the field, the Contractor shall consult with the City's designated representative. The Contractor should never proceed with an action that will result in the permanent disfigurement of the structure or value of a tree. Contractors responsible for the disfigurement of trees shall be penalized in an amount equal to the appraised value of the subject tree as determined by an independent Consulting Arborist. Urban Forest Maintenance Services 16 October 5, 2017 RFP 2017-06 183 of 607 14. Safety Requirements - The Contractor shall conduct all work outlined in the Contract in such a manner as to meet all currently accepted standards for safe practices during the operation and to safely maintain stored equipment, machines and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all current City, County, State or other legal requirements including, but limited to, full compliance with the terms of the applicable OSHA, CAL EPA Safety Orders and ANSI Z133.1 Safety Requirements for Arboricultural Operations at all times so as to protect all person, including Contractor employees, agents of the City, vendors, members of the public or others from foreseeable injury or damage to their property. 15. Traffic Control - The Contractor shall be responsible for traffic control and safety regulations as related to any City, State or County requirements while working in the public right-of-way or on any City project. The design and operation of work zone traffic controls must comply with US Department of Transportation/Federal highway Administrative guidelines and any City, County or State supplements guidelines and/or regulations and laws. All operations will be conducted by the Contractor to provide maximum safety for the public according to the most recent edition of the MUTCD (Manual on Uniform Traffic Control Devices) and any California supplements to the MUTCD and any local regulations. Where work is in progress, each street shall be open to local traffic at all times unless prior arrangements have been made and approved by the City's designated representative. The Contractor shall display standardized warning signage when controlling traffic around any area used for staging or working in any area that is subject to pedestrian or vehicular traffic. At no time shall traffic be permitted to enter, or operations allowed to continue, in any work zone that presents a dangerous conditions to pedestrian and/or vehicular traffic. The Contractor may be required to submit a traffic control plan to the Engineering Department as directed by the City's designated representative. 16. Utility Coordination - The Contractor shall recognize the rights of utility companies within the public right -of- way or on any City project and their need to maintain and repair their facilities. The Contractor shall exercise due and proper care to prevent damage to utility facilities and to adjust schedules when utility operations prevent the Contractor from maintenance during a specified time frame. No additional compensation will be allowed for complying with these requirements. Contractor shall notify the City's designated representative of any utility that is disturbed or damaged and shall contact the appropriate utility to arrange for repair. 17. Authority and Inspections a. The City's designated representatives shall, at all times, have access to the work and shall be furnished with every reasonable facility for acquiring full knowledge with respect to the progress, workmanship and characters of materials and equipment used and employed in the work. Whenever the Contractor varies the period during which work is carried out, they shall give due notice to the City's designated representative so Urban Forest Maintenance Services RFP 2017-06 17 October 5, 2017 184 of 607 that property access for inspection may be provided. Any inspection of work shall not relive the Contractor of any obligations to fulfill the Contract as prescribed. Any and all questions regarding the performance of the work shall be directed to the City's designated representative. b. If it appears that the work to be done or any matter relative thereto is not sufficiently detailed or explained by the specifications, the Contractor shall apply to the City's designated representative for such further explanation as may be necessary and shall conform to such explanation or interpretation as part of the Contract so far as may be consistent with the intent of the original requirements. c. All work shall be completed to the satisfaction of and under the supervision of the City's designated representative. Failure to comply with any requirement contained herein may result in suspension of work without time extension or termination of Contract. Inspection of work will be done by the City's designated representative, during the performance of work or when deemed necessary. d. If any portion of the work done under the Contract proves defective or not in accordance with the requirements, and if the imperfection in the same is not of sufficient_nagnitude or importance -to -make -the -work -dangerous -or -undesirables the City's designated representative shall have the right and authority to retain the work, but he/she may make such deductions in the payment due the Contractor as may be just and reasonable. e. Any work which is defective or deficient in any of the requirements or specifications shall be remedied or removed and replaced by the Contractor in an acceptable manner and within a reasonable amount of time as determined by the City, at the Contractor's own expense. f. In any other case, a letter will be sent to Contractor noting deficiencies, and the Contractor shall make a reasonable and good faith effort to correct the deficiencies within a reasonable period of time not to exceed three (3) days from notification. After this time period, if unacceptable conditions still exist, the City has the right to terminate the Contract or deduct payment as is proportionately appropriate for non-compliance with the requirements and specifications of the Contract. 18. Quantities/ Minor Modifications and/or Additional Work - The City reserves the right to increase or decrease the quantity of any item(s) or portion(s) of the work described in the requirements or specifications or the proposal form or to omit portions of the work so described as may be deemed necessary or expedient by the City's designated representative and the Contractor shall agree not to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any kind of work to be done. The City shall reduce the price accordingly. Alterations, modifications or deviations from the work described in this document shall be subject to prior written approval of the City. Any price,adjustments shall be made by mutual consent of the City and Contractor. Should a change or extra work be found necessary by the City, all changes and extra work shall be performed at the same unit price of any proposal item listed. If the work is not Urban Forest Maintenance Services 18 October 5, 2017 RFP 2017-06 185 of 607 listed as a proposal item, the Contractor shall submit a fair cost for the work to be performed. A change order authorization, in writing, will be issued by the City. 19. Invoicing - Contractor shall be required to submit invoices on a monthly basis. Invoice format shall include but not be limited to the date the work took place, a list of each street or location that work took place, the address of each individual work site and the activity, the species and its current condition, height, trunk diameter and canopy spread of each individual tree. Each invoice shall include an exact copy in electronic format that is compatible with the City's Tree Inventory program. Failure to submit invoices in this format may result in non-payment until these requirements are met. 20. Withholding Payment - The City may withhold payment to such extent as may be necessary to protect the City from Toss due to one or more of the following reasons: • Defective, unsatisfactory or inadequate work not corrected; If notified by the City • Claims filed, or reasonable evidence indicating probable filing of claims; • Failure of the Contractor to make proper payments to subcontractors or for materials or labor; • A reasonable doubt that the contract can be completed for the balance unpaid; and, • Damage that resulted from an incident involving property damage. 21. Stop Work a. If the Contractor, after having officially commenced work on said Contract, should discontinue work for any cause, he/she shall notify the City's Designated Representative of the intent to do so, and shall further notify of the date for restarting operations. b. The City, at the discretion of the City's Designated Representative, may require the Contractor to Stop Work if any condition presents an unreasonable liability to the City, until such time as the condition is corrected to the satisfaction of the City. 22. Risk Management - Tree work is a controlled task. At no time should work be performed so as to result in a Toss of control incident (e.g. free -falling large limbs or trunk sections, hinge cutting to avoid use of ropes/hoisting equipment, lack of safety apparatus/equipment guards, improper use/loading of equipment). Failure to maintain control at all times is dangerous and can result in serious injury. A loss control incident will not be tolerated and may result in termination of this Contract. The Contractor shall be responsible for mitigating any damage related to a loss of control incident. 23. Investigation - Contractor shall cooperate fully with the City in the investigation of any accident, injury or death occurring on City property or while in the performance of work based on the contract, including a complete written report submitted to the City's Designated Representative within twenty-four (24) hours following the occurrence. Should any structure or property be damaged during permitted or contracted tree operation, the persons conducting the work shall immediately notify the proper owners or authorities. Repairs to property damaged by the responsible party shall be made within forty-eight (48) hours, except utility Tines, which shall be repaired the same working day. Urban Forest Maintenance Services 19 October 5, 2017 RFP 2017-06 186 of 607 Repairs on private property shall be made in accordance with the appropriate building code under permits issued by the City of Encinitas. Any damage caused by the permitted or contracted persons shall be repaired or restored by them at their expense to a condition similar or equal to that existing before such damage or injury, or they shall repair such damage in a manner acceptable to the City. Special attention is drawn to existing irrigation systems, plant material, landscape features, lights and utility boxes in City parkways, parks and public landscape areas and the need to avoid damage and to repair any damage that occurs within a reasonable amount of time as determined by the City's Designated Representative. The Contractor's responsibility shall be continuous and not be limited to working hours or days. Contractor's Initials: Date: Urban Forest Maintenance Services RFP 2017-06 20 October 5, 2017 187 of 607 ATTACHMENT "B" PAYMENT OF SERVICES Contractor: West Coast Arborists, Inc. The undersigned proposes to furnish all materials, supplies, equipment and/or services set forth herein, subject to all conditions outlined in the RFP, at prices indicated below. All applicable services include cleanup and disposal. Tree Planting (per tree). Tree planting includes tree, materials and planting costs 15 Gallon (double staked per specs) 24 inch Box (double staked per specs) 36 inch Box (double staked per specs) 48 inch Box 60 inch Box Unit Price in Figures $145.00 $240.00 $825.00 $1,450.00 $2,450.00 Tree Watering (per hour). Watering of young trees, water truck/operator-per hour $ 70.00 Tree Pruning (by Grid). Price per tree to Prune by Grid $62.00 Tree Pruning (per Service Requests). Full prune tree or by Species 0"-6" Diameter Standard Height 7"-12" Diameter Standard Height 13"-18" Diameter Standard Height 19"-24" Diameter Standard Height 25"-30" Diameter Standard Height 31"-36" Diameter Standard Height 36"+ Diameter Standard Height Crown Raise/Clearance Prune Hardwood tree 0"-6" Diameter Standard Height 7"-12" Diameter Standard Height 13"-18" Diameter Standard Height 19"-24" Diameter Standard Height 25"-30" Diameter Standard Height 31"-36" Diameter Standard Height 36"+ Diameter Standard Height Palm Tree Trimming Prune Date Palm (Phoenix spp.) Clean Trunk for Date Palm (Phoenix spp.) Prune Fan Palm (Washingtonia spp.) Clean Trunk for Fan Palm (Washingtonia spp.) Prune all other Palm Species $ 62.00 $82.00 $102.00 $142.00 $232.00 $ 302.00 $402.00 $25.00 $25.00 $ 25.00 $25.00 $25.00 $ 25.00 $25.00 $150.00 $20.00 $ 62.00 $12.00 $62.00 Urban Forest Maintenance Services 21 October 5, 2017 RFP 2017-06 188 of 607 Tree Removal (per inch). Tree and Stump removal per inch measured trunk diameter at 4'6" (Diameter Standard Height) 0"-6" Diameter Standard Height 7"-12" Diameter Standard Height 13"-18" Diameter Standard Height 19"-24" Diameter Standard Height 25"-30" Diameter Standard Height 31"-36" Diameter Standard Height 36"+ Diameter Standard Height Stump grinding per stump diameter inch at grade Milling Cost (per board foot). Milling Lumber per Board Foot Root Pruning (per linear foot). Per foot of roots pruned Root Barrier Installation (per linear foot). Per foot of root barrier installed General Labor Rates (by hour) Hourly rate for 1 Ground -person Hourly rate for 1 Equipment Operator Hourly rate for 1 Trimmer $20.00 $30.00 $30.00 $30.00 $30.00 $40.00 $40.00 $15.00 $8.00 $15.00 $20.00 $70.00 $70.00 $70.00 Day Rate Service Crew (per day). Boom truck per eight (8) hour day to include a chip body, low decibel chipper, 1 trimmer, 2 ground persons $1,680.00 Specialty Equipment Day Rate (per day). Per eight (8) hour day $1,200.00 Emergency Services (per hour). Fully equipped 3 person crew called in for emergency service During normal business hours After hours, weekends &/or holidays General Arborist Services (per hour). Arborist Reports Resistograph Testing Ground Penetrating Radar Air Spade Services Fumigation Fertilization Level 1,2,3 Risk Assessments Soil Testing / Tree Well Enhancements $ 210.00 $ 300.00 $140.00 $140.00 $800.00 $140.00 $140.00 $140.00 $140.00 $140.00 GPS Tree Inventory (per tree site). Cost per tree site $3.00 Urban Forest Maintenance Services RFP 2017-06 22 October 5, 2017 189 of 607 Plant Health Care Services Tree Spraying from Ground Level (per diameter inch) Tree Spraying from Aerial Tower (per diameter inch) Insecticide Trunk Banding (per diameter inch) Plant Growth Regulator (PGR) Trunk Banding (per diameter inch) Plant Growth Regulator (PGR) Soil Application (per diameter inch) Insecticide or Fungicide Soil Application (per diameter inch) Fertilizer Drenching (per diameter inch) Trunk Injection - Insecticide/Miticide (per diameter inch) Trunk Injections — Fungicide (per diameter inch) Trunk Injection — Insecticide and Fungicide (per diameter inch) $2.00 $4.00 $5.00 $ 2.00 $4.00 $2.00 $2.00 $4.50 $3.50 $8.00 Contractor's Initials: Date: Urban Forest Maintenance Services RFP 2017-06 23 October 5, 2017 190 of 607 RESOLUTION NO. 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE FORMAL BID PROCESS PURSUANT TO NATIONAL CITY MUNICIPAL CODE SECTION 2.60.260 REGARDING COOPERATIVE PURCHASING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH WEST COAST ARBORISTS, INC., FOR SPECIALIZED TREE TRIMMING, REMOVAL, AND PLANTING SERVICES FROM DECEMBER 8, 2018 TO JUNE 30, 2019 FOR AN AMOUNT NOT TO EXCEED $95,000 BY PIGGYBACKING ONTO THE CITY OF ENCINITAS' URBAN FORESTRY MAINTENANCE SERVICES CONTRACT WHEREAS, on November 16, 2015, the City entered into an Agreement with West Coast Arborist, Inc. ("WCA"), a highly qualified and reputable contractor in the field of urban forestry, to assist National City's Park Maintenance staff with addressing the growing backlog of tree trimming requests for service for the not to exceed amount of $50,000; and WHEREAS, in conjunction with implementation of a grid -based tree trimming program, WCA proved to be effective in assisting City crews with clearing the backlog, which allowed City crews to focus on maintaining their tree trimming schedule; and WHEREAS, the grid schedule continues to allow for a systematic approach to ensuring that trees citywide receive regular maintenance in a manner that maximizes staff efficiency, however, emergency and specialized work, such as stump grinding, tree removals, and trimming taller palm trees, continues to impact the City's preventative maintenance schedule; and WHEREAS, the City desires to enter into an Agreement with WCA to assist Parks Maintenance staff with specialized urban forestry maintenance support services; and WHEREAS, there is an opportunity for the City of National City to piggyback onto the City of Encinitas' Urban Forestry Maintenance Services Contract with West Coast Arborist, Inc., (WCA) to enter into an Agreement with West Coast specialized tree trimming, removal, and planting services in an amount not to exceed $95,000; and WHEREAS, National City Municipal Code Section 2.60.260 provides authority to the purchasing agent to join with other public jurisdictions to take advantage of cooperative purchasing opportunities, including, but not limited to, any federal, state, or local agency pricing program or structure that is determined by the purchasing agent to be in substantial compliance with the City's procurement procedures, and such a determination has been made in this case. It is therefore recommended that the purchase be made without complying with the competitive bidding procedure set forth in the Municipal Code; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby affirms the determination that the City of Encinitas' procurement procedures are in substantial compliance with National City's, and pursuant to Section 2.60.260 of the Municipal Code, authorizes the waiving the formal bid process to piggyback onto the City of Encinitas' Urban Forestry Maintenance Services Contract with West Coast Arborist, Inc. 191 of 607 Resolution No. 2018 — Page Two BE IT FURTHER RESOLVED that the City Council authorizes the Mayor to execute an Agreement with West Coast Arborist, Inc., for specialized tree trimming, removal, and planting services from December 8, 2018 to June 30, 2019 in an amount not to exceed $95,000. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 20th day of November, 2018. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 192 of 607 CC/CDC-HA Agenda 11 /20/2018 — Page 193 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 City Manager to accept up to $5,569,000 in TransNet Active Transportation Grant Program (ATGP) funds for the 8th Street and Roosevelt Avenue Active Transportation Corridor Project, if awarded by the San Diego Association of Governments (SANDAG) through a funding exchange with the Cycle 4 Regional Active Transportation Grant Program; 2) committing to providing $1,422,000 in matching funds from sources other than the TransNet ATGP; and 3) authorizing the City Manager to execute a grant agreement with SANDAG. (Engineering/Public Works) Please scroll down to view the backup material. 193 of 607 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 20, 2018 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City, 1) authorizing the City Manager to accept up to $5,569,000 in TransNet Active Transportation Grant Program (ATGP) funds for the 8th Street and Roosevelt Avenue Active Transportation Corridor Project, if awarded by the San Diego Association of Governments (SANDAG) through a funding exchange with the Cycle 4 Regional Active Transportation Grant Program; 2) committing to providing $1,422,000 in matching funds from sources other than the TransNet ATGP; and 3) authorizing the City Manager to execute a grant agreement with SANDAG. PREPARED BY: Jose Lopez, P.E. Assistant Engineer — Civil DEPARTMENT: Engineering and Public Works PHONE: 619-336-4312 APPROVED BY: EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: FINANCE APPROVED: MIS If grant funds are awarded, staff will return to City Council to establish appropriations Local match of $22,000 is available in CIF Account No. 001-409-500-598-6573 (Transportation Improvements) through FY 2019 City Council budget appropriations. Local match of $200,000 is available through SB-1 funding allocations for National City Remaining match of$1,200,000 is available through a TransNet Smart Growth Incentive Program grant award ENVIRONMENTAL REVIEW: CEQA Notice of Categorical Exemption will be filed with County Recorder's Office prior to stating construction. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Adopt Resolution authorizing the City Manager to accept TransNet ATGP funds and execute a grant agreement with SANDAG for the 8th Street and Roosevelt Avenue Active Transportation Corridor Project, if awarded by SANDAG through a funding exchange, and committing to providing the required local match. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation w/ Exhibits 2. Resolution 194 of 60 EXPLANATION In July 2018, staff submitted a Cycle 4 Active Transportation Program (ATP) grant application to the California Department of Transportation (Caltrans) for the 8th Street and Roosevelt Avenue Active Transportation Corridor Project. The project will enhance pedestrian and bicycle connections between Naval Base San Diego, the 8th Street Trolley Station and Downtown National City (see attached exhibits). Staff requested $5,569,000 in Federal ATP funds. If awarded, the City would be required to provide a $1,422,000 local match. $200,000 is available through SB-1 funding allocations for National City, while $22,000 is available through General Fund Capital Improvement Program appropriations for Transportation Improvements. The remaining $1,200,000 match is available through a TransNet Smart Growth Incentive Program grant award. The San Diego Association of Governments (SANDAG), as the Metropolitan Planning Organization (MPO) for the San Diego Region, will be conducting a competitive selection process for the Cycle 4 distribution of Federal ATP funds in the San Diego Region. SANDAG's selection process allows projects that are not selected for grant funding through the Statewide ATP competition to compete at the Regional level. SANDAG may offer a funding exchange for projects selected through the Regional ATP competition, which would reduce the administrative burden to local jurisdictions associated with Federal ATP funding requirements. If a funding exchange is offered to the City of National City, the 8th Street and Roosevelt Avenue Active Transportation Corridor Project would be removed from the Regional ATP ranking and funded through the TransNet Active Transportation Grant Program (ATGP), which is administered by SANDAG. SANDAG requires a City Council Resolution for the project to be considered for a funding exchange. 195 of 607 8th St. and Roosevelt Ave. Acctivr'eyTransportation Corridor Ocean View Bi This Grant will change the current designation from a suggested route to a protected cycle track on 8th as well as a multi -use path on Roovelt and Main Street. cwueort>ru — NATIONAL .CIT SANDAG Cycle 4 Regional ATP Grant Im o•an erial Av Bikeways in the San Diego Region multi -use path A completely separate path for shared use by bike riders, pedestrians, and other non -motorized users with minimal veh"ce crossings. Some paths may have restncted access or speed limits. co^ d bike lane A striped fare for one-way bike navel on a street or highway. bike route A shared right-of-way designated by signs oniy. where bike riders sham the roadway with motor vehicles. Aso includes streets with "sherrows" or shared lane markings. freeway shoulder bike access Some Freeway shoulders are open to bke rders. Use of freeway shoulders by inexperierced bike riders is rot recommended. Obey all reguatory signs and exit Me freeway when required. other suggested routes These suggested sautes prcvde addairrnal cornecdons and are not official bikeways. BTre riders shorid use cau[orr rn choosng roues appropriate for trier skds and equ'7rment. bikeways coming soon Near -farm b?ceways paired by SANCAO. F SANDAG Regional Bike Map Changes Resulting from the Grant 196 of 607 dAu.INru _. NATIONAL CITy '1? . 8th St. and Roosevelt Ave. Active Transportation Corridor �,�;,�, SANDAG Cycle 4 Regional ATP Grant ' =� t- it a ts:-A * w . s� S 4 r . f k f,� 01I:-rr rr _l...s.,.w-.f_.9 . • it� - it :.i-1 _ i 8th St LRT Station Walk Time from LRT Station (10 minutes) 0 Transit Stops Right of Way Walk Time from LRT Station (15 minutes) Bus Routes i� tIIl. City Boundary . Mixed Use Transit Corridor ors INS II DSP Boundary Urban Center • • • • • s • s • • • • • s s • • • • 8th St LRT Walking Distance Relationship with Existing Transit and Gap Closure to Transit 197 of 607 8th Street and Roosevelt Ave. Active Transportation Corridor * *fir tt , ,;•y--` To - ACTIVE TRANSPORTATION GAPS Bike Related Gap t, Connections to NAVBASE SD Gap 2, Connections to Bayshore Bikeway 41, Gap 3-Connections to 8th Street Trolley Station • Continuity of bike lane along Roosevelt Gap 4-Connections to Main St. and backgate of NAVBASE Pedestrian Related • 1 Missing walkways to NAVBASE Gate Vr9 2 Missing walkways on the South Side of 8th Street 3Substandard / missing walkways along the west side of Roosevelt 4 Inability to cross Main Street at Roosevelt and Division 5 Missing walkways on Yarna Street to Gate;32 afety Issues High speed free right "Pork Cnops'on Harbor Drive High speed free right `Pork Chops' on southbound I-5 off ramp High speed free right turn- wide radius on -ramp entry at crosswalk I1 ' Non -signalized intersection with pedestrian crossing demand Miss ng walkways along Yama Street 0 0 d 0 R S :.� 8th Street • I ,COI" 2 i4� NATIONAL CiTV • NAVBASE SAN DIEGO CALTRANS Cycle 4 ATP Grant a'.ityy ;E' x -Veit` ' `' •n }r • 4c II . 0 0 .: ::k 4thSit. ! ON Se 011MM 1 7th St. INFRASTRUCTURE GAPS FOR ACTIVE TRANSPORTATION -^- 198 of 607 RESOLUTION NO. 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO ACCEPT UP TO $5,569,000 IN TRANSNETACTIVE TRANSPORTATION GRANT PROGRAM ("ATGP") FUNDS FOR THE 8TH STREET AND ROOSEVELT AVENUE ACTIVE TRANSPORTATION CORRIDOR PROJECT, IF AWARDED BY THE SAN DIEGO ASSOCIATION OF GOVERNMENTS ("SANDAG") THROUGH A FUNDING EXCHANGE WITH THE CYCLE 4 REGIONAL ACTIVE TRANSPORTATION GRANT PROGRAM, COMMITTING TO PROVIDING $1,422,000 IN MATCHING FUNDS FROM SOURCES OTHER THAN THE TRANSNET ATGP, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH SANDAG WHEREAS, the Legislature and Governor of the State of California have provided funds for the Active Transportation Program ("ATP") under Senate Bill 99, Chapter 359, and Assembly Bill 101, Chapter 354; and WHEREAS, the California Transportation Commission ("CTC) has statutory authority for the administration of the ATP and established necessary procedures; and WHEREAS, the CTC has required in its ATP Guidelines that Metropolitan Planning Organizations (MPOs) coordinate the competitive selection process to select projects to receive a portion of the ATP funding; and WHEREAS, the San Diego Association of Governments ("SANDAG"), as the MPO for the San Diego region, is conducting a competitive selection process for the Cycle 4 distribution of ATP funds in the San Diego region; and WHEREAS, SANDAG is required to submit the proposed ranked list of Regional ATP projects and funding recommendations to the CTC for final consideration; and WHEREAS, SANDAG may offer a funding exchange with projects recommended through the Regional ATP competitive selection process which would reduce the administrative burden to local jurisdictions associated with federal funding requirements; and WHEREAS, if a funding exchange is offered to the City of National City (the "City"), the 8th Street and Roosevelt Avenue Active Transportation Corridor Project (the "Project") would be removed from the regional ATP ranking and funded through the TransNet Active Transportation Grant Program ("ATGP"); and WHEREAS, the SANDAG Regional ATP competitive selection process requires applicants to submit a resolution from their governing body to be considered for TransNet funding in the event a funding exchange is offered; and WHEREAS, the City has submitted an application to receive ATP funds for the Project. NOW, THEREFORE, BE IT RESOLVED that if SANDAG offers a funding exchange to the City for the Project, the City commits to providing $1,422,000 in matching funds from sources other than the TransNet ATGP. 199 of 607 Resolution No. 2018 — Page Two BE IT FURTHER RESOLVED that the City of National City authorizes the City Manager to accept the TransNet ATGP funds and execute a grant agreement with SANDAG. PASSED and ADOPTED this 20th day of November, 2018. Ron Morrison, Mayor ATTEST: Michael R. Daila, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 200 of 607 CC/CDC-HA Agenda 11/20/2018 — Page 201 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 City Manager to accept up to $1,286,000 in TransNet Active Transportation Grant Program (ATGP) funds for the Central Community Mobility Enhancements Project, if awarded by the San Diego Association of Governments (SANDAG) through a funding exchange with the Cycle 4 Regional Active Transportation Grant Program; 2) committing to providing $197,000 in matching funds from sources other than the TransNet ATGP; and 3) authorizing the City Manager to execute a grant agreement with SANDAG. (Engineering/Public Works) Please scroll down to view the backup material. 201 of 607 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 20, 2018 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City, 1) authorizing the City Manager to accept up to $1,286,000 in TransNet Active Transportation Grant Program (ATGP) funds for the Central Community Mobility Enhancements Project, if awarded by the San Diego Association of Governments (SANDAG) through a funding exchange with the Cycle 4 Regional Active Transportation Grant Program; 2) committing to providing $197,000 in matching funds from sources other than the TransNet ATGP; and 3) authorizing the City Manager to execute a grant agreement with SANDAG. PREPARED BY: Jose Lopez, P.E. Assistant Engineer— Civil DEPARTMENT: Engineering and Public Works PHONE: 619-336-4312 EXPLANATION: See attached. APPROVED BY: FINANCIAL STATEMENT: APPROVED: 11//:.1_ FINANCE ACCOUNT NO. APPROVED: MIS If grant funds are awarded, staff will return to City Council to establish appropriations Local match of $197,000 is available in CIP Account No. 001-409-500-598-6573 (Transportation Improvements) through FY 2019 City Council budget appropriations ENVIRONMENTAL REVIEW: CEQA Notice of Categorical Exemption for each project will be filed with County Recorder's Office prior to stating construction. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Adopt Resolution authorizing the City Manager to accept TransNet ATGP funds and execute a grant agreement with SANDAG for the Central Community Mobility Enhancements Project, if awarded by SANDAG through a funding exchange, and committing to providing the required local match. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation w/ Exhibit 2. Resolution 202 of 607 EXPLANATION In July 2018, staff submitted a Cycle 4 Active Transportation Program (ATP) grant application to the California Department of Transportation (Caltrans) for the Central Community Mobility Enhancements Project. The project will provide approximately 1.7 miles of bicycle facilities providing north -south connections through the Central, Olivewood and Las Palmas neighborhoods in National City (see attached exhibit). Staff requested $1,286,000 in Federal ATP funds. If awarded, the City would be required to provide a $197,000 local match, which is available through General Fund Capital Improvement Program appropriations for Transportation Improvements. The San Diego Association of Governments (SANDAG), as the Metropolitan Planning Organization (MPO) for the San Diego Region, will be conducting a competitive selection process for the Cycle 4 distribution of Federal ATP funds in the San Diego Region. SANDAG's selection process allows projects that are not selected for grant funding through the Statewide ATP competition to compete at the Regional level. SANDAG may offer a funding exchange for projects selected through the Regional ATP competition, which would reduce the administrative burden to local jurisdictions associated with Federal ATP funding requirements. If a funding exchange is offered to the-Cify-of National-city—the-Cent-r-al-Gem•m•unity-Mobility En•hancements-P-r-oject-would be removed from the Regional ATP ranking and funded through the TransNef Active Transportation Grant Program (ATGP), which is administered by SANDAG. SANDAG requires a City Council Resolution for the project to be considered for a funding exchange. 203 of 607 805 N Avenue Infrastructure Gap • • nue a. • o I0 �rAyv�essv?e Plozo Village Senior Living r.; • 0,,c 0 rt Central o Elementary School w cri •'I {• o 0 Bike Boxes 7� Bike Boxes j Highest employment density in National City: 11 Plazas ° Commercial Area y • • • • • rm 9 Walmart * Senior Housing Kimball Park Project Improvement Map mainsimealiai • Las Palmas Elementary School Las Palmas Park Bicycle Boxes D Ave & 18th St, Natloncil City 't, Class II Blke Lane 41h Slreel. Notional City h t Class III Bike Route 41h Street, National City i Sweetwater Shopping VPlaza • ',l� e. 4,m Hlggiland Avenue John A Otis Elementary School National City Middle Schoo DAveriee Cewtral, Mo-b;.lity E f ,� _10 n.n r.rrc.0 o oc Olivewood Elementary School Sweetwater Union High School • t` LEGEND PROPOSED IMPROVEMENTS Class II - Bike Lane Install two 6' Buffered Bicycle Lanes Class III - Bike Route Install Shorrows and Signage New Sidewalk BIKE FACILITIES - Existing Class II - Bike Lane - Existing Class III - Bike Route Existing Class II In Design m G Future Class 1, II, or III Bikeway' } • • • Future Pedestrion Path' OTHER • Existing Bus Stop • Future BRT Station - SBBRT (2030) * Existing Super Markets Note: Bicycle Loop Detectors to be installed at all signalized intersections " Refer to Bike Master Plan �.1.1.1f.1,14 NATIONAL CITY July 2018 204 of 607 RESOLUTION NO. 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO ACCEPT UP TO $1,286,000 IN TRANSNET ACTIVE TRANSPORTATION GRANT PROGRAM ("ATGP") FUNDS FOR THE CENTRAL COMMUNITY MOBILITY ENHANCEMENTS PROJECT, IF AWARDED BY THE SAN DIEGO ASSOCIATION OF GOVERNMENTS ("SANDAG") THROUGH A FUNDING EXCHANGE WITH THE CYCLE 4 REGIONAL ACTIVE TRANSPORTATION GRANT PROGRAM, COMMITTING TO PROVIDING $197,000 IN MATCHING FUNDS FROM SOURCES OTHER THAN THE TRANSNET ATGP, AND AUTHORIZING THE CITY MANAGER EXECUTE A GRANT AGREEMENT WITH SANDAG WHEREAS, the Legislature and Governor of the State of California have provided funds for the Active Transportation Program ("ATP") under Senate Bill 99, Chapter 359, and Assembly Bill 101, Chapter 354; and WHEREAS, the California Transportation Commission ("CTC") has statutory authority for the administration of the ATP and established necessary procedures; and WHEREAS, the CTC has required in its ATP Guidelines that Metropolitan Planning Organizations (MPOs) coordinate the competitive selection process to select projects to receive a portion of the ATP funding; and WHEREAS, the San Diego Association of Governments ("SANDAG"), as the MPO for the San Diego region, is conducting a competitive selection process for the Cycle 4 distribution of ATP funds in the San Diego region; and WHEREAS, SANDAG is required to submit the proposed ranked list of Regional ATP projects and funding recommendations to the CTC for final consideration; and WHEREAS, SANDAG may offer a funding exchange with projects recommended through the Regional ATP competitive selection process which would reduce the administrative burden to local jurisdictions associated with federal funding requirements; and WHEREAS, if a funding exchange is offered to the City of National City (the "City"), the Central Community Mobility Enhancements Project (the "Project") would be removed from the regional ATP ranking and funded through the TransNet Active Transportation Grant Program ("ATGP"); and WHEREAS, the SANDAG Regional ATP competitive selection process requires applicants to submit a resolution from their governing body to be considered for TransNet funding in the event a funding exchange is offered; and WHEREAS, the City has submitted an application to receive ATP funds for the Project. NOW, THEREFORE, BE IT RESOLVED that if SANDAG offers a funding exchange to the City for the Project, the City commits to providing $197,000 in matching funds from sources other than the TransNet ATGP; and BE IT FURTHER RESOLVED that the City of National City authorizes the City Manager to accept the TransNet ATGP funds and execute a grant agreement with SANDAG. 205 of 607 Resolution No. 2018 -- Page Two PASSED and ADOPTED this 20th day of November, 2018. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 206 of 607 CC/CDC-HA Agenda 11/20/2018 — Page 207 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 City Manager to accept up to $5,421,000 in TransNet Active Transportation Grant Program (ATGP) funds for the Bayshore Bikeway - Segment 5 Project, if awarded by the San Diego Association of Governments (SANDAG) through a funding exchange with the Cycle 4 Regional Active Transportation Grant Program; 2) committing to providing $970,000 in matching funds from sources other than the TransNet ATGP; and 3) authorizing the City Manager to execute a grant agreement with SANDAG. (Engineering/Public Works) Please scroll down to view the backup material. 207 of 607 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 20, 2018 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City, 1) authorizing the City Manager to accept up to $5,421,000 in TransNet Active Transportation Grant Program (ATGP) funds for the Bayshore Bikeway - Segment 5 Project, if awarded by the San Diego Association of Governments (SANDAG) through a funding exchange with the Cycle 4 Regional Active Transportation Grant Program; 2) committing to providing $970,000 in matching funds from sources other than the TransNet ATGP; and 3) authorizing the City Manager to execute a grant agreement with SANDAG. PREPARED BY: Jose Lopez, P.E. Assistant Engineer— Civil DEPARTMENT: Engineering and Public Works PHONE: 619-336-4312 APPROVED BY: EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: FINANCE APPROVED: MIS If grant funds are awarded, staff will return to City Council to establish appropriations Local match of $70,000 is available in CIP Account No. 001-409-500-598-6573 (Transportation Improvements) through FY 2019 City Council budget appropriations Remaining $900,000 match is available in the San Diego Unified Port District's Maritime Industrial Impact Fund through prior commitments by the Board of Port Commissioners ENVIRONMENTAL REVIEW: CEQA Notice of Categorical Exemption will be filed with County Recorder's Office prior to stating construction. ORDINANCE: INTRODUCTION FINAL ADOPTION ri STAFF RECOMMENDATION: Adopt Resolution authorizing the City Manager to accept TransNet ATGP funds and execute a grant agreement with SANDAG for the Bayshore Bikeway - Segment 5 Project, if awarded by SANDAG through a funding exchange, and committing to providing the required local match. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation w/ Attachments 2. Resolution 208 of 607 EXPLANATION In July 2018, staff submitted a Cycle 4 Active Transportation Program (ATP) grant application to the California Department of Transportation (Caltrans) for the Bayshore Bikeway — Segment 5 Project. The project will provide nearly 1.5 miles of protected bicycle facilities along McKinley Avenue and Marina Way in the City of National City (see attached exhibit). Staff requested $5,421,000 in Federal ATP funds. If awarded, the City would be required to provide a $70,000 local match, which is available through General Fund Capital Improvement Program appropriations for Transportation Improvements. The remaining $900,000 match is available in the San Diego Unified Port District's Maritime Industrial Impact Fund through prior commitments by the Board of Port Commissioners (see attached Board Resolution). The San Diego Association of Governments (SANDAG), as the Metropolitan Planning Organization (MPO) for the San Diego Region, will be conducting a competitive selection process for the Cycle 4 distribution of Federal ATP funds in the San Diego Region. SANDAG's selection process allows projects that are not selected for grant funding through the Statewide ATP competition to compete at the Regional level. SANDAG may offer a funding exchange for projects selected through the Regional ATP competition, which -would reduce the administrative -burden -to local jurisdictions associated with Federal ATP funding requirements. If a funding exchange is offered to the City of National City, the Bayshore Bikeway — Segment 5 Project would be removed from the Regional ATP ranking and funded through the TransNef Active Transportation Grant Program (ATGP), which is administered by SANDAG. SANDAG requires a City Council Resolution for the project to be considered for a funding exchange. 209 of 607 N ` 1,000 2,000 Feet I I 1 1 1 1 1 1 1 o 1 r•-. i1 • • 11* f''� 5�ee' e� tot • • p, • • Las 'a Palmas'. Park 2 Vi.P.! • LAP � E v e • •,.easy' SeeetwaeeeRda.sc, lJ N, Source: Esri, DigitalGlobe,.GeoEye, EarthssttarGeographics, CNES/Airbus`DS, USDA, USGS. AeroGID, IGN, 2n d,the GIS\User Com `unity Bayshore Bikeway - Segment 5 Connection to Regional Bikeway Existing Bicycle Facilities Class I - Regional Bike Path (S.AN.DAG) Class II - Bike Lane Class III - Bike Route Planned Facilities t._! Planned Off -Street Bicycle .Facilities Planned. On -Street Bicycle Facilities Planned Urban Trail Light Rail Stations Light Rail Track Bus Stops \;Itional City boundary pia u$4-6 -- CALIFORNIA.-- .Brays/lore .Bikeway - Segment 5 N TIONAF C`II� Active Trarr.rportation Program - Medium Infrastructure. �!'a ] Project Location Map 210 of 607 RESOLUTION 2018-133 RESOLUTION SELECTING THE NATIONAL CITY BAYSHORE BIKEWAY PROJECT FOR $900,000 FROM THE MARITIME INDUSTRIAL IMPACT FUND IN ACCORDANCE WITH BOARD OF PORT COMMISSIONERS POLICY NO. 773, TO FUND A PORTION OF THE PROJECT, CONTINGENT ON: NATIONAL CITY BEING AWARDED A CALIFORNIA DEPARTMENT OF TRANSPORTATION ACTIVE TRANSPORTATION GRANT; NATIONAL CITY ENTERING INTO AN AGREEMENT WITH THE DISTRICT TO RECEIVE MATCH FUNDS; AND EXPIRATION OF 60 DAY NOTICE PERIOD TO THE CALIFORNIA STATE LANDS COMMISSION UNDER PORT ACT SECTION 30.5, INTENT TO SPEND MONEY OFF TIDELANDS, WITHOUT OBJECTION WHEREAS, the San Diego Unified Port District (District) is a public corporation created by the Legislature in 1962 pursuant to Harbors and Navigation Code Appendix I (Port Act); and WHEREAS, Section 30.5 of the Port Act sets forth the criteria for the District's powers to undertake activities off tidelands; and WHEREAS, the Board of Port Commissioners (BPC) adopted BPC Policy No. 773 to establish a Maritime Industrial Impact Fund (MIIF) and a selection process for projects to offset the adverse impacts of the presence of maritime industry terminals; and WHEREAS, National City has submitted a request to use MIIF funds to fund a portion of the San Diego Association of Government's Bayshore Bikeway Project located in the City of National City; and WHEREAS, National City has requested $900,000 in MIIF funds to be used as a portion of the match funding for a California Department of Transportation (CALTRANS) Active Transportation Grant application, to be submitted by National City by July 31, 2018; and WHEREAS, demonstration of match fund availability will significantly increase the competitiveness of the application; and Page 1 of 3 211 of 607 2018-133 WHEREAS, the proposed CALTRANS Active Transportation Grant seeks to mitigate those impacts by providing bicycle and walking transportation options to nearby communities; and WHEREAS, the District is a longstanding supporter of active transportation projects, including the Bayshore Bikeway Project; and WHEREAS, when completed, the Bayshore Bikeway Project will serve as a connector that links the District's five member cities; and WHEREAS, a major part of the District's mission is to provide access to the waterfront; and WHEREAS, the Bayshore Bikeway Project will promote bicycling and public transportation as a safe and viable travel choice that reduces greenhouse gas emissions and promotes a healthy and active lifestyle; and WHEREAS, District staff has reviewed the proposed grant match requested by National City and the proposed project satisfies the evaluation criteria set forth for use of the MIIF in accordance with BPC Policy No. 773; and WHEREAS, the Bayshore Bikeway Project is qualified to receive funding and also contingent upon successful grant award of a CALTRANS Active Transportation Grant; and WHEREAS, District funds will be committed contingent on: National City's successful grant award; execution of an agreement between National City and the District to receive match funds; CEQA review being conducted for the project; and expiration of the 60 day notice period to the State Lands Commission under Port Act Section 30.5, Intent to Spend Money Off Tidelands, without objection. NOW, THEREFORE, BE IT RESOLVED by the Board of Port Commissioners of the San Diego Unified Port District (District), as follows: Adopt a Resolution selecting National City's Bayshore Bikeway Project for $900,000 in Maritime Industrial Impact Funding in accordance with the San Diego Unified Port District's Board of Port Commissioners Policy No. 773, and contingent on: National City being awarded a California Department of Transportation Active Transportation Grant; National City's execution of an agreement with the District to receive match funds; and expiration of a 60 day notice period to the California State Lands Commission pursuant to Port Act Section 30.5, Intent to Spend Money Off Tidelands, without objection. Page 2 of 3 212 of 607 2018-133 APPROVED AS TO FORM AND LEGALITY: GENERAL COUNSEL By: Assistant/Deputy PASSED AND ADOPTED by the Board of Port Commissioners of the San Diego Unified Port District, this 17th day of July 2018, by the following vote: AYES: Castellanos, Malcolm, Merrifield, Moore, Valderrama, and Zucchet NAYS: None. EXCUSED: Bonelii ABSENT: None. ABSTAIN: None. ATTEST: Donna Morales District Clerk Page 3 of 3 RafaerCastelTanos, Chairman Board of Port Commissioners . (petal). 213 of 607 RESOLUTION NO. 2018 -- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO ACCEPT UP TO $5,421,000 IN TRANSNET ACTIVE TRANSPORTATION GRANT PROGRAM ("ATGP") FUNDS FOR THE BAYSHORE BIKEWAY - SEGMENT 5 PROJECT, IF AWARDED BY THE SAN DIEGO ASSOCIATION OF GOVERNMENTS ("SANDAG") THROUGH A FUNDING EXCHANGE WITH THE CYCLE 4 REGIONAL ACTIVE TRANSPORTATION GRANT PROGRAM, COMMITTING TO PROVIDING $970,000 IN MATCHING FUNDS FROM SOURCES OTHER THAN THE TRANSNET ATGP, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH SANDAG WHEREAS, the Legislature and Governor of the State of California have provided funds for the Active Transportation Program ("ATP") under Senate Bill 99, Chapter 359, and Assembly Bill 101, Chapter 354; and WHEREAS, the California Transportation Commission ("CTC") has statutory authority for the administration of the ATP and established necessary procedures; and WHEREAS, the CTC has required in its ATP Guidelines that Metropolitan Planning Organizations (MPOs) coordinate the competitive selection process to select projects to receive a portion of the ATP funding; and WHEREAS, the San Diego Association of Governments ("SANDAG"), as the MPO for the San Diego region, is conducting a competitive selection process for the Cycle 4 distribution of ATP funds in the San Diego region; and WHEREAS, SANDAG is required to submit the proposed ranked list of Regional ATP projects and funding recommendations to the CTC for final consideration; and WHEREAS, SANDAG may offer a funding exchange with projects recommended through the Regional ATP competitive selection process which would reduce the administrative burden to local jurisdictions associated with federal funding requirements; and WHEREAS, if a funding exchange is offered to the City of National City (the "City"), the Bayshore Bikeway - Segment 5 Project (the "Project") would be removed from the regional ATP ranking and funded through the TransNet Active Transportation Grant Program ("ATGP"); and WHEREAS, the SANDAG Regional ATP competitive selection process requires applicants to submit a resolution from their governing body to be considered for TransNet funding in the event a funding exchange is offered; and WHEREAS, the City has submitted an application to receive ATP funds for the Project. NOW, THEREFORE, BE IT RESOLVED that if SANDAG offers a funding exchange to the City for the Project, the City commits to providing $970,000 in matching funds from sources other than the TransNet ATGP; and BE IT FURTHER RESOLVED that the City of National City authorizes the City Manager to accept the TransNet ATGP funds and execute a grant agreement with SANDAG. [Signature Page to Follow] 214 of 607 Resolution No. 2018 — Page Two PASSED and ADOPTED this 20th day of November, 2018. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 215 of 607 CC/CDC-HA Agenda 11/20/2018 — Page 216 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 City Manager to accept up $942,000 in TransNet Active Transportation Grant Program (ATGP) funds for the National City Bike Wayfinding Project, if awarded by the San Diego Association of Governments (SANDAG) through a funding exchange with the Cycle 4 Regional Active Transportation Grant Program; and 2) authorizing the City Manager to execute a grant agreement with SANDAG. (Engineering/Public Works) Please scroll down to view the backup material. 216 of 607 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 20, 2018 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City, 1) authorizing the City Manager to accept up $942,000 in TransNet Active Transportation Grant Program (ATGP) funds for the National City Bike Wayfinding Project, if awarded by the San Diego Association of Governments (SANDAG) through a funding exchange with the Cycle 4 Regional Active Transportation Grant Program; and 2) authorizing the City Manager to execute a grant agreement with SANDAG. PREPARED BY: Jose Lopez, P.E. Assistant Engineer— Civil DEPARTMENT: Engineering and Public Works PHONE: 619-336-4312 EXPLANATION: See attached. APPROVED BY: FINANCIAL STATEMENT: APPROVED: fliz��,, ACCOUNT NO. APPROVED: If grant funds are awarded, staff will return to City Council to establish appropriations. Matching funds are not required for this project. FINANCE MIS ENVIRONMENTAL REVIEW: CEQA Notice of Categorical Exemption for each project will be filed with County Recorder's Office prior to stating construction. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Adopt Resolution authorizing the City Manager to accept TransNet ATGP funds and execute a grant agreement with SANDAG for the National City Bike Wayfinding Project, if awarded by SANDAG through a funding exchange. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation wl Exhibits 2. Resolution 217of607 EXPLANATION In July 2018, staff submitted a Cycle 4 Active Transportation Program (ATP) grant application to the California Department of Transportation (Caltrans) for the National City Bike Wayfinding Project. The project will install more than 100 signs at decision points along bicycle corridors throughout the City. The wayfinding signs will direct bicyclists to key destinations such as schools, transit stations, community centers, and parks (see attached exhibits). Staff requested $942,000 in Federal ATP funds. A local match is not required for this project. The San Diego Association of Governments (SANDAG), as the Metropolitan Planning Organization (MPO) for the San Diego Region, will be conducting a competitive selection process for the Cycle 4 distribution of Federal ATP funds in the San Diego Region. SANDAG's selection process allows projects that are not selected for grant funding through the Statewide ATP competition to compete at the Regional level. SANDAG may offer a funding exchange for projects selected through the Regional ATP competition, which would reduce the administrative burden to local jurisdictions associated with Federal ATP funding requirements. If a funding exchange is offered to the City of National City, the National City Bike Wayfinding Project would be removed from the Regional ATP ranking and funded through the TransNet Active Transportation Grant Program (ATGP), which is administered by SANDAG. SANDAG requires a City Council Resolution for the project to be considered for a funding exchange. 218 of 607 NMI Project Improvement Map ,Y v PP:G^F EXISTING BIKE INFRASTRUCTURE CURRENTLY IN -DESIGN BIKE INFRASTRUCTURE PROPOSED BIKE NFRASTRUCTURE EXISTING PEDESTRIAN PATH CURRENTLY IN -DESIGN PED PATH PROPOSED PEDESTRIAN PATH PARK LOCATIONS INSTITUTIONAL LOCATIONS SHOPPING/RETAIL LOCATIONS OREGIONAL TRANSIT STATION mmnwnummII BLUE LINE TROLLEY w la v at BAYSHORE BIKEWAY e �SWEETWATER BIKE WAY • PROPOSED LOCAL BICYCLE WAYFINDING LOCATIONS • PROPOSED REGIONAL BICYCLE WAYFINDING LOCATIONS ▪ INFORMATION KIOSKS LOCATIONS • Ll • 1\ I,]MKI Nu,fionaa, CuFy 864e WayfiftaLivt9 Plcut. c19.1COfIMiA — NAT SONAL C1'L' y b)Jt! JULY 2018 219 of 607 PROPOSED BIKEWAY SIGNAGE SDSU 1.8 # City Heights 1.6 ♦ La Mesa 5.1 • GO by BIKE REGIONAL SIGNAGE - CALIFORNIA N.AT'h©)NAL CIrTry INCORPORATED 'f ` Kimball Park 1.2 City Hall 1.8 ♦ Pier 32 3.8 PROPOSED CITY BIKEWAY SIGNAGE CALIFORNIA NATIONAL CITY INCORPon ATEn BIKEWAYS MAP PROPOSED ORIENTATION KIOSK NATIONAL CITY BIKE WAYFINDING PLAN PEDESTRIAN AND BICYCLE CONNECTIVITY JULY 2018 220 of 607 RESOLUTION NO. 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO ACCEPT UP TO $942,000 IN TRANSNET ACTIVE TRANSPORTATION GRANT PROGRAM ("ATGP") FUNDS FOR THE NATIONAL CITY BIKE WAYFINDING PROJECT, IF AWARDED BY THE SAN DIEGO ASSOCIATION OF GOVERNMENTS ("SANDAG") THROUGH A FUNDING EXCHANGE WITH THE CYCLE 4 REGIONAL ACTIVE TRANSPORTATION GRANT PROGRAM, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH SANDAG WHEREAS, the Legislature and Governor of the State of California have provided funds for the Active Transportation Program ("ATP") under Senate Bill 99, Chapter 359, and Assembly Bill 101, Chapter 354; and WHEREAS, the California Transportation Commission ("CTC") has statutory authority for the administration of the ATP and established necessary procedures; and WHEREAS, the CTC has required in its ATP Guidelines that Metropolitan Planning Organizations (MPOs) coordinate the competitive selection process to select projects to receive a portion of the ATP funding; and WHEREAS, the San Diego Association of Governments ("SANDAG"), as the MPO for the San Diego region, is conducting a competitive selection process for the Cycle 4 distribution of ATP funds in the San Diego region; and WHEREAS, SANDAG is required to submit the proposed ranked list of Regional ATP projects and funding recommendations to the CTC for final consideration; and WHEREAS, SANDAG may offer a funding exchange with projects recommended through the Regional ATP competitive selection process which would reduce the administrative burden to local jurisdictions associated with federal funding requirements; and WHEREAS, if a funding exchange is offered to the City of National City (the "City"), the National City Bike Wayfinding Project (the "Project") would be removed from the regional ATP ranking and funded through the TransNet Active Transportation Grant Program ("ATGP"); and WHEREAS, the SANDAG Regional ATP competitive selection process requires applicants to submit a resolution from their governing body to be considered for TransNet funding in the event a funding exchange is offered; and WHEREAS, the City has submitted an application to receive ATP funds for the Project. NOW, THEREFORE, BE IT RESOLVED that if SANDAG offers a funding exchange to the City for the Project, the City commits to providing $0 in matching funds from sources other than the TransNet ATGP; and BE IT FURTHER RESOLVED that the City of National City authorizes the City Manager to accept the TransNet ATGP a grant agreement with SANDAG. [Signature Page to Follow] 221 of 607 Resolution No. 2018 — Page Two PASSED and ADOPTED this 20th day of November, 2018. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 222 of 607 CC/CDC-HA Agenda 11/20/2018 — Page 223 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 City Manager to accept up $1,215,000 in TransNet Active Transportation Grant Program (ATGP) funds for the Highland Avenue Inter -City Bike Connections Project, if awarded by the San Diego Association of Governments (SANDAG) through a funding exchange with the Cycle 4 Regional Active Transportation Grant Program; and 2) authorizing the City Manager to execute a grant agreement with SANDAG. (Engineering/Public Works) Please scroll down to view the backup material. 223 of 607 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 20, 2018 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City, 1) authorizing the City Manager to accept up $1,215,000 in TransNet Active Transportation Grant Program (ATGP) funds for the Highland Avenue Inter -City Bike Connections Project, if awarded by the San Diego Association of Governments (SANDAG) through a funding exchange with the Cycle 4 Regional Active Transportation Grant Program; and 2) authorizing the City Manager to execute a grant agreement with SANDAG. PREPARED BY: Jose Lopez, P.E. Assistant Engineer — Civil DEPARTMENT: Engineering and Public Works PHONE: 619-336-4312 EXPLANATION: See attached. APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: If grant funds are awarded, staff will return to City Council to establish appropriations. Matching funds are not required for this project. FINANCE MIS ENVIRONMENTAL REVIEW: CEQA Notice of Categorical Exemption for each project will be filed with County Recorder's Office prior to stating construction. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Adopt Resolution authorizing the City Manager to accept TransNet ATGP funds and execute a grant agreement with SANDAG for the Highland Avenue Inter -City Bike Connections Project, if awarded by SANDAG through a funding exchange. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation w/ Exhibit 2. Resolution 224 of 60 71 EXPLANATION in July 2018, staff submitted a Cycle 4 Active Transportation Program (ATP) grant application to the California Department of Transportation (Caltrans) for the Highland Avenue Inter -City Bike Connections Project. The project will construct nearly 0.4 miles of enhanced (buffered) Class II bicycle facilities along Highland Avenue from 30th Street to the southern City limits (see attached exhibit). Staff requested $1,215,000 in Federal ATP funds. A local match is not required for this project. The San Diego Association of Governments (SANDAG), as the Metropolitan Planning Organization (MPO) for the San Diego Region, will be conducting a competitive selection process for the Cycle 4 distribution of Federal ATP funds in the San Diego Region. SANDAG's selection process allows projects that are not selected for grant funding through the Statewide ATP competition to compete at the Regional level. SANDAG may offer a funding exchange for projects selected through the Regional ATP competition, which would reduce the administrative burden to local jurisdictions associated with Federal ATP funding requirements. If a funding exchange is offered to the City of National City, the Highland Avenue Inter -City Bike Connections Project would be removed from the Regional ATP ranking and funded through the TransNet Active Transportation Grant Program (ATGP), which is administered by SANDAG. SANDAG requires a City Council Resolution for the project to be considered for a funding exchange. 225 of 607 0 r • ® Highland Avenue Inter -City Bike Connection (Proposed Project) Sweetwater River Bikeway Connection / 30th Street Bicycle Facility Improvements (lkully Funded) Sweetwater Road Protected Bikeway Phase 1 (Fully Funded) Connection to City of Chula Vista Existing Bicycle Facilities Class I - Regional Bike Path (SANDAG) — Class II - Bike Lane — Class III - Bike Route Planned Facilities Planned Off -Street Bicycle Facilities Planned On -Street Bicycle Facilities Planned Urban Trail 1 1 Light Rail Stations Light Rail Track Bus Stops National. City boundary Kimball Park Sweetwater River Bikeway Connection / 30th Street Bicycle Facility Improvements (fully -funded through ATP Cycle 2) I•; c214 e@+ 5,14e11 e•a1 Sour e: Esri. DigitalGlobe,.GeoEye, Earthstar Geographies, CNES/Airt iA'..DS. USDA, USGS. • AeroGIRID, IGN, and the GIStUser ComTunity Sweetwater Ro 11- Highland Avenue Inter -City Bike Connection (Proposed Project} rt. 1 • 0 1,000 2,000 I I I Feet n n 0 Sweetwater Road Protected Bikeway Phase 1 (fully -funded through SANDAG Grant Program - 2018) A .aa ti • t A N I Iighland.. Ivenne Inlet -GO Bike Connection NATIONAL. C-Ity -1c/ive Tramporla/ion Program - Small ln_/iristiyicfnre xro.tcx►aeo -:CALI FOR 14 -A Project Location Map 226 of 607 RESOLUTION NO. 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO ACCEPT UP TO $1,215,000 IN TRANSNET ACTIVE TRANSPORTATION GRANT PROGRAM ("ATGP") FUNDS FOR THE HIGHLAND AVENUE INTER -CITY BIKE CONNECTIONS PROJECT, IF AWARDED BY THE SAN DIEGO ASSOCIATION OF GOVERNMENTS ("SANDAG") THROUGH A FUNDING EXCHANGE WITH THE CYCLE 4 REGIONAL ACTIVE TRANSPORTATION GRANT PROGRAM, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH SANDAG WHEREAS, the Legislature and Governor of the State of California have provided funds for the Active Transportation Program ("ATP") under Senate Bill 99, Chapter 359, and Assembly Bill 101, Chapter 354; and WHEREAS, the California Transportation Commission ("CTC") has statutory authority for the administration of the ATP and established necessary procedures; and WHEREAS, the CTC has required in its ATP Guidelines that Metropolitan Planning Organizations (MPOs) coordinate the competitive selection process to select projects to receive a portion of the ATP funding; and WHEREAS, the San Diego Association of Governments ("SANDAG"), as the MPO for the San Diego region, is conducting a competitive selection process for the Cycle 4 distribution of ATP funds in the San Diego region; and WHEREAS, SANDAG is required to submit the proposed ranked list of Regional ATP projects and funding recommendations to the CTC for final consideration; and WHEREAS, SANDAG may offer a funding exchange with projects recommended through the Regional ATP competitive selection process which would reduce the administrative burden to local jurisdictions associated with federal funding requirements; and WHEREAS, if a funding exchange is offered to the City of National City (the "City"), the Highland Avenue Inter -City Bike Connections Project (the "Project") would be removed from the regional ATP ranking and funded through the TransNet Active Transportation Grant Program ("ATGP"); and WHEREAS, the SANDAG Regional ATP competitive selection process requires applicants to submit a resolution from their governing body to be considered for TransNet funding in the event a funding exchange is offered; and WHEREAS, the City has submitted an application to receive ATP funds for the Project. NOW, THEREFORE, BE IT RESOLVED that if SANDAG offers a funding exchange to the City for the Project, the City commits to providing $0 in matching funds from sources other than the TransNet ATGP; and BE IT FURTHER RESOLVED that the City of National City authorizes the City Manager to accept the TransNet ATGP funds and execute a grant agreement with SANDAG. [Signature Page to Follow] 227 of 607 Resolution No. 2018 — Page Two PASSED and ADOPTED this 20th day of November, 2018. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 228 of 607 CC/CDC-HA Agenda 11/20/2018 — Page 229 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 City Manager to accept up $1,488,000 in TransNet Active Transportation Grant Program (ATGP) funds for the Paradise Creek Multi -Use Path Project, if awarded by the San Diego Association of Governments (SANDAG) through a funding exchange with the Cycle 4 Regional Active Transportation Grant Program; and 2) authorizing the City Manager to execute a grant agreement with SANDAG. (Engineering/Public Works) Please scroll down to view the backup material. 229 of 607 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 20, 2018 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City, 1) authorizing the City Manager to accept up $1,488,000 in TransNet Active Transportation Grant Program (ATGP) funds for the Paradise Creek Multi -Use Path Project, if awarded by the San Diego Association of Governments (SANDAG) through a funding exchange with the Cycle 4 Regional Active Transportation Grant Program; and 2) authorizing the City Manager to execute a grant agreement with SANDAG. PREPARED BY: Jose Lopez, P.E. Assistant Engineer — Civil DEPARTMENT: Engineering and Public Works PHONE: 619-336-4312 APPROVED BY: EXPLANATION: See attached. -'4 FINANCIAL STATEMENT: APPROVED: 7"('�ti_(t FINANCE ACCOUNT NO. APPROVED: MIS If grant funds are awarded, staff will return to City Council to establish appropriations. Matching funds are not required for this project. ENVIRONMENTAL REVIEW: CEQA Notice of Categorical Exemption for each project will be filed with County Recorder's Office prior to stating construction. ORDINANCE: INTRODUCTION FINAL ADOPTION rl STAFF RECOMMENDATION: Adopt Resolution authorizing the City Manager to accept TransNet ATGP funds and execute a grant agreement with SANDAG for the Paradise Creek Multi -Use Path Project, if awarded by SANDAG through a funding exchange. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation w/ Exhibit 2. Resolution 230 of 607 EXPLANATION In July 2018, staff submitted a Cycle 4 Active Transportation Program (ATP) grant application to the California Department of Transportation (Caltrans) for the Paradise Creek Multi -Use Path Project. The project will construct an elevated Class I Bike Path through the salt marsh closing a gap in the bicycle network through Paradise Creek Park (see attached exhibit). Staff requested $1,488,000 in Federal ATP funds. A local match is not required for this project. The San Diego Association of Governments (SANDAG), as the Metropolitan Planning Organization (MPO) for the San Diego Region, will be conducting a competitive selection process for the Cycle 4 distribution of Federal ATP funds in the San Diego Region. SANDAG's selection process allows projects that are not selected for grant funding through the Statewide ATP competition to compete at the Regional level. SANDAG may offer a funding exchange for projects selected through the Regional ATP competition, which would reduce the administrative burden to local jurisdictions associated with Federal ATP funding requirements. If a funding exchange is offered to the City of National City, the Paradise Creek Multi -Use Path Project would be removed from the Regional ATP ranking and funded through the TransNetActive Transportation Grant Program (ATGP), which is administered by SANDAG. SANDAG requires a City Council Resolution for the project to be considered for a funding exchange. 231 of 607 LEGEND PROPOSED BIKE P PET) IMPROVEMENTS imp Multi -Use Path (Existing Gap) EXISTING BIKE S. PED CORRIDOR am • • Class II - Bike Lane Pedestrian Path (Bicycles Prohibited) CITY ca Future Class I, II, or III Bikeway' • - • .• Future Pedestrian Path` • • • • Future Mixed -Use Path' REGIONAI • Bus Stop Refer to Bike Master Plan OATS Troth,: and But: 49 5totiori) 24th Stroet Regional transit Station 7 40" ITT Technical Institute San Diego Campus .-16 • ' • .0,444 Paradise Creek Park Restoraiion Project - (Under Construction) Poradhe Creek Affordable Housing Project Paradise Creek Mukli-Use Pa-1140 0 National City Collaborative and Family liesouce. Center Project Improvement Map I # • ' 's7" # •-• - • -'72: --' • 6,-( 04, EP e.. Kimball Elementary School • 4,e • 4,- 44 • . • Potodise Creek Educational Cityof Park National City )11-117., • NATiONAL OTT • ohcOkinga.. 232 of 607 RESOLUTION NO. 2018 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO ACCEPT UP TO $1,488,000 IN TRANSNET ACTIVE TRANSPORTATION GRANT PROGRAM ("ATGP") FUNDS FOR THE PARADISE CREEK MULTI -USE PATH PROJECT, IF AWARDED BY THE SAN DIEGO ASSOCIATION OF GOVERNMENTS ("SANDAG") THROUGH A FUNDING EXCHANGE WITH THE CYCLE 4 REGIONAL ACTIVE TRANSPORTATION GRANT PROGRAM, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH SANDAG WHEREAS, the Legislature and Governor of the State of California have provided funds for the Active Transportation Program ("ATP") under Senate Bill 99, Chapter 359, and Assembly Bill 101, Chapter 354; and WHEREAS, the California Transportation Commission ("CTC") has statutory authority for the administration of the ATP and established necessary procedures; and WHEREAS, the CTC has required in its ATP Guidelines that Metropolitan Planning Organizations (MPOs) coordinate the competitive selection process to select projects to receive a portion of the ATP funding; and WHEREAS, the San Diego Association of Governments ("SANDAG"), as the MPO for the San Diego region, is conducting a competitive selection process for the Cycle 4 distribution of ATP funds in the San Diego region; and WHEREAS, SANDAG is required to submit the proposed ranked list of Regional ATP projects and funding recommendations to the CTC for final consideration; and WHEREAS, SANDAG may offer a funding exchange with projects recommended through the Regional ATP competitive selection process which would reduce the administrative burden to local jurisdictions associated with federal funding requirements; and WHEREAS, if a funding exchange is offered to the City of National City (the "City"), the Paradise Creek Multi -Use Path Project (the "Project") would be removed from the regional ATP ranking and funded through the TransNet Active Transportation Grant Program ("ATGP"); and WHEREAS, the SANDAG Regional ATP competitive selection process requires applicants to submit a resolution from their governing body to be considered for TransNet funding in the event a funding exchange is offered; and WHEREAS, the City has submitted an application to receive ATP funds for the Project. NOW, THEREFORE, BE IT RESOLVED that if SANDAG offers a funding exchange to the City for the Project, the City commits to providing $0 in matching funds from sources other than the TransNet ATGP; and BE IT FURTHER RESOLVED that the City of National City authorizes the City Manager to accept the TransNet ATGP funds and execute a grant agreement with SANDAG. [Signature Page to Follow] 233 of 607 Resolution No. 2018 — Page Two PASSED and ADOPTED this 20th day of November, 2018. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 234 of 607 CC/CDC-HA Agenda 11/20/2018 — Page 235 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 City Manager to accept up $1,487,000 in TransNet Active Transportation Grant Program (ATGP) funds for the Sweetwater Road Protected Bikeway - Phase 2 Project, if awarded by the San Diego Association of Governments (SANDAG) through a funding exchange with the Cycle 4 Regional Active Transportation Grant Program; and 2) authorizing the City Manager to execute a grant agreement with SANDAG. (Engineering/Public Work) Please scroll down to view the backup material. 235 of 607 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 20, 2018 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City, 1) authorizing the City Manager to accept up $1,487,000 in TransNet Active Transportation Grant Program (ATGP) funds for the Sweetwater Road Protected Bikeway - Phase 2 Project, if awarded by the San Diego Association of Governments (SANDAG) through a funding exchange with the Cycle 4 Regional Active Transportation Grant Program; and 2) authorizing the City Manager to execute a grant agreement with SANDAG. PREPARED BY: Jose Lopez, P.E. Assistant Engineer — Civil DEPARTMENT: Engineering and Public Works PHONE: 619-336-4312 APPROVED BY: EXPLANATION: See attached. 2 FINANCIAL STATEMENT: APPROVED: 774'2/`' FINANCE ACCOUNT NO. APPROVED: 66 MIS If grant funds are awarded, staff will return to City Council to establish appropriations. Matching funds are not required for this project. ENVIRONMENTAL REVIEW: CEQA Notice of Categorical Exemption for each project will be filed with County Recorder's Office prior to stating construction. ORDINANCE: INTRODUCTION [ I FINAL ADOPTION STAFF RECOMMENDATION: Adopt Resolution authorizing the City Manager to accept TransNet Active Transportation Grant Program funds through a funding exchange and execute a grant agreement with SANDAG for the Sweetwater Road Protected Bikeway - Phase 2 Project. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation w/ Exhibit 2. Resolution 1236 of 6 7 EXPLANATION In July 2018, staff submitted a Cycle 4 Active Transportation Program (ATP) grant application to the California Department of Transportation (Caltrans) for the Sweetwater Road Protected Bikeway - Phase 2 Project. The project will construct nearly 0.7 miles of protected bikeway along Sweetwater Road from Plaza Bonita Road to Plaza Bonita Center Way (see attached exhibit). Staff requested $1,487,000 in Federal ATP funds. A local match is not required for this project. The San Diego Association of Governments (SANDAL), as the Metropolitan Planning Organization (MPO) for the San Diego Region, will be conducting a competitive selection process for the Cycle 4 distribution of Federal ATP funds in the San Diego Region. SANDAG's selection process allows projects that are not selected for grant funding through the Statewide ATP competition to compete at the Regional level. SANDAG may offer a funding exchange for projects selected through the Regional ATP competition, which would reduce the administrative burden to local jurisdictions associated with Federal ATP funding requirements. If a funding exchange is offered to the City of National City, the Sweetwater Road Protected Bikeway - Phase 2 Project would be removed from the Regional ATP ranking and funded through the TransNet Active Transportation Grant Program (ATGP), which is administered by SANDAG. SANDAG requires a City Council Resolution for the project to be considered for a funding exchange. 237 of 607 Sweetwater Road Protected Bikeway Phase 2 Sweetwater Road Protected Bikeway Phase 1 (Fully Funded) Connection to Regional Bikeway Existing Bicyle Facilities Class I - Regional Bike Path (SANI)A(3) — Class I I - Bike Lane �• Class• Ili - Bike Route Planned Facilities Planned Off -Street Bicycle liacilitics Planned On -Street Bicycle Facilities Planned Urban Trail ® Light Bail Stations l l i Light Rail Track Bus Stops r• t �.J N:nrional City boundary Park PHASE1 y�r&h f ,, (fully -funded through SANDAG _�'� Grant Program) .• S. y r•'v` Sweetwate �.� • ,; r Rd Sweetwater Crossing .,, ,.a' . Shopping Center li. ye ��+J ‘,1ec 1•� T •�: 5► �eet\?�4 a�j- j ) I\ trdSt Z; Plaza Bonita° \� Mall/Plaza J Bonita J Transit %center' ` 0 1,000 2,000 Feet I I 1 PHASE 2 (Proposed Project) Source: Esti, DigitalGlobe, GeoEye, Ea thstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Com unity oneivannln Sweetwater Road Protected Bikeway - Phase 2 NATIONAL fly Active Tmnportation Program —Small I f astriictzrre Project Location Map 238 of 607 RESOLUTION NO. 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO ACCEPT UP TO $1,487,000 IN TRANSNET ACTIVE TRANSPORTATION GRANT PROGRAM ("ATGP") FUNDS FOR THE SWEETWATER ROAD PROTECTED BIKEWAY - PHASE 2 PROJECT, IF AWARDED BY THE SAN DIEGO ASSOCIATION OF GOVERNMENTS ("SANDAG") THROUGH A FUNDING EXCHANGE WITH THE CYCLE 4 REGIONAL ACTIVE TRANSPORTATION GRANT PROGRAM, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH SANDAG WHEREAS, the Legislature and Governor of the State of California have provided funds for the Active Transportation Program ("ATP") under Senate Bill 99, Chapter 359, and Assembly Bill 101, Chapter 354; and WHEREAS, the California Transportation Commission ("CTC") has statutory authority for the administration of the ATP and established necessary procedures; and WHEREAS, the CTC has required in its ATP Guidelines that Metropolitan Planning Organizations (MPOs) coordinate the competitive selection process to select projects to receive a portion of the ATP funding; and WHEREAS, the San Diego Association of Governments ("SANDAG"), as the MPO for the San Diego region, is conducting a competitive selection process for the Cycle 4 distribution of ATP funds in the San Diego region; and WHEREAS, SANDAG is required to submit the proposed ranked list of Regional ATP projects and funding recommendations to the CTC for final consideration; and WHEREAS, SANDAG may offer a funding exchange with projects recommended through the Regional ATP competitive selection process which would reduce the administrative burden to local jurisdictions associated with federal funding requirements; and WHEREAS, if a funding exchange is offered to the City of National City (the "City"), the Sweetwater Road Protected Bikeway - Phase 2 Project (the "Project") would be removed from the regional ATP ranking and funded through the TransNet Active Transportation Grant Program ("ATGP"); and WHEREAS, the SANDAG Regional ATP competitive selection process requires applicants to submit a resolution from their governing body to be considered for TransNet funding in the event a funding exchange is offered; and WHEREAS, the City has submitted an application to receive ATP funds for the Project. NOW, THEREFORE, BE IT RESOLVED that if SANDAG offers a funding exchange to the City for the Project, the City commits to providing $0 in matching funds from sources other than the TransNet ATGP; and BE IT FURTHER RESOLVED that the City of National City authorizes the City Manager to accept the TransNet ATGP funds and execute a grant agreement with SANDAG. [Signature Page to Follow] 239 of 607 Resolution No. 2018 — Page Two PASSED and ADOPTED this 20th day of November, 2018. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 240 of 607 CC/CDC-HA Agenda 11/20/2018 — Page 241 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 Sweetwater Road and Via Romaya to improve visibility at the intersection. (TSC No. 2018-27). (Engineering/Public Works) Please scroll down to view the backup material. 241 of 607 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 20, 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 Sweetwater Road and Via Romaya in order to improve visibility at the intersection. (TSC No. 2018-27). PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil PHONE: 619-336-4388 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution authorizing the installation of red curb "No Parking" at the intersection of Sweetwater Road and Via Romaya. BOARD / COMMISSION RECOMMENDATION: At their meeting on October 10, 2018, the Traffic Safety Committee approved staffs recommendation to install red curb "No Parking" at the intersection of Sweetwater Road and Via Romaya. ATTACHMENTS: 1. Explanation w/Exhibit 2. Staff Report to the Traffic Safety Committee on October 10, 2018 (TSC No. 2018-27) 3. Resolution 242 of 607 EXPLANATION Ms. Laura Nordin, president of the HOA (Home Owners Association) from a nearby private residential community and area resident, has requested the installation of red curb "No Parking" at the intersection of Sweetwater Road and Via Romaya to improve visibility and enhance safety for the vehicles exiting from Via Romaya onto Sweetwater Road. Ms. Nordin stated that since Bonita Seventh -day Adventist Church is located nearby, all of the available on -street parking is heavily impacted during church activities, and that it becomes difficult for vehicles to exit Via Romaya onto Sweetwater Road. Staff performed a site evaluation. Sweetwater Road and Via Romaya 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 southbound traffic on Via Romaya. The posted speed limit on Sweetwater Road is 40 mph. Staff confirmed that there is no red curb on the north side of Sweetwater Road, east of Via Romaya. There is 20 feet of existing red curb "No Parking" on the north side of Sweetwater Road, west of Via Romaya, due to an existing fire hydrant. Staff confirmed that when vehicles park too dose to the northeast corner on Sweetwater Road, the visibility for the vehicles that are exiting Via Romaya onto Sweetwater Road is obstructed. This item was presented to the Traffic Safety Committee on October 10, 2018. There were no residents in attendance. Staff presented the results of the site evaluation and after discussion, the Traffic Safety Committee voted to approve staff's recommendation for the installation of 30 feet of red curb "No Parking" on the north side of Sweetwater Road, east of Via Romaya, in order to improve visibility at the intersection. The amount of red curb proposed to be installed on Sweetwater Road is summarized as follows: 1. Install 30 feet of red curb "No Parking" on the north side of Sweetwater Road, east of Via Romaya. 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. 243 of 607 Location Map with Recommended Enhancements (TSC Item: 2018-27) I 2 ' of existing red cu "No Parking" for existing Fire Hydrant 30' of proposed red curb "No Parking" Bonita Seventh -day Adventist Church Private Residential Community 244 of 607 ITEM TITLE: NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR OCTOBER 10, 2018 1 REQUEST TO INSTALL RED CURB "NO PARKING" AT THE INTERSECTION OF SWEETWATER ROAD AND VIA ROMAYA IN ORDER TO IMPROVE VISIBILITY AT THE INTERSECTION PREPARED BY: Carla Hutchinson, Assistant Engineer Civil Engineering & Public Works Department DISCUSSION: Ms. Laura Nordin, president of the HOA (Home Owners Association) from a nearby private residential community and area resident, has requested the installation of red curb "No Parking" at the intersection of Sweetwater Road and Via Romaya to improve visibility and enhance safety for the vehicles exiting from Via Romaya onto Sweetwater Road. Ms. Nordin stated that since Bonita Seventh -day Adventist Church is located nearby, all of the available on -street parking is heavily impacted during mass hours, and that it becomes difficult for vehicles to exit Via Romaya onto Sweetwater Road. Staff performed a site evaluation. Sweetwater Road and Via Romaya 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 southbound traffic on Via Romaya. The posted speed limit on Sweetwater Road is 40 mph. Staff confirmed that there is not red curb on the north side of Sweetwater Road, east of Via Romaya. There is 20 feet of existing red curb "No Parking" on the north side of Sweetwater Road, west of Via Romaya, due to an existing fire hydrant. Staff confirmed that when vehicles park too close to the northeast corner on Sweetwater Road, the visibility for the vehicles that are exiting Via Romaya onto Sweetwater Road is obstructed. Staff also reviewed the traffic collision history for this location, which confirmed there were three (3) "reported" traffic collision within the past four years. STAFF RECOMMENDATION: Based on evaluation of existing conditions, staff recommends installation of red curb "No Parking" at the intersection between Sweetwater Road and Via Romaya to improve visibility for vehicles exiting Via Romaya as follows: 1. Install 30 feet of red curb "No Parking" on the north side of Sweetwater Road, east of Via Romaya. This will result in the loss of one (1) on -street parking space. EXHIBITS: 1. Public Request 2. Public Notice 3. Location Map 4. Photos 5. Traffic Collision History 2018-27 245 of 607 PUBLIC REQUEST FORM Contact Information Name; Lora Nordin (please verify her contact information) , • - Address; Via Romaya. Phone: Email; • 'Recittest Information ;; • Location Request: :- Request to install a red curb "No Parkin" on the north side of Sweetwater Road, east of Via Romaya to enhance visibility at the intersection. Attachments.E Yes1-1 No Description: itn!ernal Use Only. s . • L:Zappiello RequestReceived By: • Receivedvie: cop oterfin-PersonnTelephone AssIgrted L. Zappiello To: Notes: Email Fax Date: July 25, 2018 Referral: 246 of 607 October 3, 2018 Resident/Property Owner CALIFORNIA NATIONAL CUry Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2018-27 REQUEST TO INSTALL RED CURB "NO PARKING" AT THE INTERSECTION OF VIA ROMAYA AND SWEETWATER ROAD IN ORDER 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, October 10, 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 2018-27. Sincerely, 14-2 G. Stephen Manganiello City Engineer SM:ch Enclosure: Location Map 2018-27 1234 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 engineering©nationalcityca.gov 247 of 607 Location Map with Recommended Enhancements (TSC Item: 2018-27) 20' of existing red curb "No Parking" for existing Fire Hydrant 30' of proposed red curb "No Parking" Bonita Seventh -day Adventist Church 248 of 607 30' of proposed red curb "No Parking" Location of proposed red curb "No Parking" on the north side of Sweetwater Rd, east of Via Romaya (looking east) 30' of proposed red curb "No Parking" Location of proposed red curb "No Parking" on the north side of Sweetwater Rd, east of Via Romaya (looking north) 249 of 607 Traffic Collision History (NCPD Records Division) From September 27, 2014 — September 27, 2018, there were 3 traffic collisions near the intersection of Sweetwater Rd. and Via Romaya. EN If y .7r ,yr• . _ N � OI :NN D COI .J^^.r'v AD �. . J' FAB I..�'fi- t'_.. ..,�.. g NATIONAL CITY11 125 7/24/2015 2158 VC 21950A YIELD RIGHT OF'!J AY TO PEDESTRIANS 3500 SWEETWATER ROAD NC 51950 Y 1 0N Y INFRACTION NATIONAL CITE 16L)3%s$:3 7{18f2015 7.40 VC21453A RED OR STOPVEHICLES STOP AT LIMIT LINE 3700 SWEETWATER ROAD, NC 91950 Y 1 0 N N INFRACTION NATIONAL CITY 1704157 8/7f2d#17 15�1 VC22107 TURNS:UNSAFETURN AND/OR NO TURN SIGNAL (I) 3400 SWEETWATER ROAD,, NC, 91950 Y 1 0 N N INFRACTION 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 SWEETWATER ROAD AND VIA ROMAYA TO IMPROVE VISIBILITY AT THE INTERSECTION (TSC No. 2018-27) WHEREAS, the president of the Home Owners Association from a nearby private residential community, who is also an area resident, has requested the installation of red curb "No Parking" at the intersection of Sweetwater Road and Via Romaya to improve visibility and enhance safety for the vehicles exiting from Via Romaya onto Sweetwater Road because the available on -street parking is heavily impacted when a nearby church is conducting services; and WHEREAS, during a site evaluation, staff confirmed that when vehicles park too close to the northeast corner on Sweetwater Road, the visibility for the vehicles that are exiting Via Romaya onto Sweetwater Road is obstructed; and WHEREAS, staff recommends the installation of 30 feet of red curb "No Parking" on the north side of Sweetwater Road, east of Via Romaya, which will result in the loss of one (1) on -street parking space; and WHEREAS, at its meeting on October 10, 2018, the Traffic Safety Committee approved staff's recommendation for the installation of 30 feet of red curb "No Parking" on the north side of Sweetwater Road, east of Via Romaya, in order to improve visibility at the intersection. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the installation of 30 feet of red curb "No Parking" on the north side of Sweetwater Road, east of Via Romaya to improve visibility and enhance safety for the vehicles exiting from Via Romaya onto Sweetwater Road. PASSED and ADOPTED this 20th day of November, 2018. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angi[ P. Morris -Jones City Attorney 251 of 607 CC/CDC-HA Agenda 11/20/2018 — Page 252 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 & Orange Street and the intersection of E. 16th Street & Prospect Street to improve visibility at the intersection. (TSC No. 2018-28). (Engineering/Public Works) Please scroll down to view the backup material. 252 of 607 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 20, 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 & Orange Street and the intersection of E. 16th Street & Prospect Street, in order to improve visibility at the intersection. (TSC No. 2018-28). PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil PHONE: 619-336-4388 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution authorizing the installation of red curb "No Parking" at the intersection of E. 16th Street & Orange Street and the intersection of E. 16th Street & Prospect Street. BOARD / COMMISSION RECOMMENDATION: At their meeting on October 10, 2018, the Traffic Safety Committee approved staff's recommendation to install red curb "No Parking" at the intersection of E. 16th Street & Orange Street and the intersection of E. 16th Street & Prospect Street. ATTACHMENTS: 1. Explanation w/Exhibit 2. Staff Report to the Traffic Safety Committee on August 8, 2018 (TSC No. 2018-28) 3. Resolution 253 of 6071 EXPLANATION An area resident has requested red curb "No Parking" at the intersection of E. 16th Street and Orange Street to improve visibility and enhance safety for the vehicles exiting from Orange Street onto E. 16th Street. Staff performed a site evaluation. E. 16th Street and Orange Street are currently 2-lanes wide and both streets have available parking on both sides of the street. The intersection is currently stop controlled for southbound and northbound traffic on Orange Street. The posted speed limit on E. 16th Street is 35 mph. Staff confirmed that there is existing red curb on the north side of E, 16th Street, east of Orange Street, and south side of E. 16th Street, east and west of Orange Street at the intersection. Staff confirmed that when vehicles park too close to the corner on E. 16th Street at the intersection, the visibility for the vehicles that are exiting Orange Street onto E. 16th Street is obstructed. Staff also noticed that the adjacent intersection of E.16th Street and Prospect Street does not have existing red curb "No Parking" on the south side of E. 16th Street, west of Prospect Street. This intersection is currently 2-lanes wide and both streets have available parking on both sides of the street. The intersection is currently stop controlled for northbound traffic on Prospect Street. Staff confirmed that there is existing red curb "No Parking" on the south side of E. 16th Street, east of Prospect Street. Staff confirmed that when vehicles park too close to the corner on E. 16th Street at the intersection, the visibility for the vehicles exiting Prospect Street onto E. 16th Street is obstructed. This item was presented to the Traffic Safety Committee on October 10, 2018. There were no residents in attendance. Staff presented the results of the site evaluation and after discussion, the Traffic Safety Committee voted to approve staff's recommendation for the installation of red curb "No Parking" at the intersection of E. 16th Street and Orange Street, and the intersection of E. 16th Street and Prospect Street, to improve visibility for vehicles exiting Orange Street and Prospect Street: 1. Install 20 feet of red curb "No Parking" on the north side of E. 16th Street, west of Orange Street. This will result in the loss of one (1) on -street parking space; 2. Install 20 feet of red curb "No Parking" on the south side of E. 16th Street, west of Prospect Street. 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. 254 of 607 Location Map with Recommended Enhancements (TSC Item: 2018-28) 20' of proposed red curb "No Parking" 30' of existing red curb "No Parking" 20' of proposed red curb "No Parking" 35' of existing red curb "No Parking" 20' of existing red curb "No Parking" 40' of existing red curb "No Parking" 255 of 607 ITEM TITLE: NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR OCTOBER 10, 2018 2 REQUEST TO INSTALL RED CURB "NO PARKING" AT THE INTERSECTION OF E. 16' STREET & ORANGE STREET AND THE INTERSECTION OF E. 16TH STREET & PROSPECT STREET IN ORDER TO IMPROVE VISIBILITY AT THE INTERSECTION PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil Engineering & Public Works Department DISCUSSION: An area resident, has requested red curb "No Parking" at the intersection between E. 16th Street and Orange Street to improve visibility and enhance safety for the vehicles exiting from Orange Street onto E. 16th Street. Staff performed a site evaluation. E. 16' Street and Orange 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 southbound and northbound traffic on Orange Street. The posted speed limit on E. 16" Street is 35 mph. Staff confirmed that there is existing red curb on the north side of E. 16' Street, east of Orange Street, and south side of E. 16th Street, east and west of Orange Street at the intersection. Staff confirmed that when vehicles park too close to the corner on E. 16" Street at the intersection, the visibility for the vehicles that are exiting Orange Street onto E. 16" Street is obstructed. Staff also noticed that the adjacent intersection of E.16t" Street and Prospect Street does not have existing red curb "Nor Parking" on the south side of E. 16" Street, west of Prospect Street. This intersection is 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 northbound traffic on Prospect Street. Staff confirmed that there is existing red curb "No Parking" on the south side of E. 16" Street, east of Prospect Street. Staff confirmed that when vehicles park too close to the corner on E. 16" Street at the intersection, the visibility for the vehicles exiting Prospect Street onto E. 16th Street is obstructed. Staff also reviewed the traffic collision history for this location, which confirmed there was one (1) "reported" traffic collision within the past four years for the intersection of E. 16" Street and Orange Street, and one (1) "reported" traffic collision within the past four years for the intersection of E. 16th Street and Prospect Street. STAFF RECOMMENDATION: Based on evaluation of existing conditions, staff recommends installation of red curb "No Parking" at the intersection between E. 16th Street and Orange Street, and the intersection of E. 16th Street and Prospect Street, to improve visibility for vehicles exiting Orange Street and Prospect Street as follows: 1. Install 20 feet of red curb "No Parking" on the north side of E. 16th Street, west of Orange Street. This will result in the loss of one (1) on -street parking space; 2. Install 20 feet of red curb "No Parking" on the south side of E. 16th Street, west of Prospect Street. This will result in the loss of one (1) on -street parking space; 256 of 607 EXHIBITS: 1. Public Request 2. Public Notice 3. Location Map 4. Photos 5. Traffic Collision History 2018-28 257 of 607 114 PUBLIC REQUEST FORM Contact Information Name: Anonymous Address: Phone: Email: Request Information Location: 1515 Orange St. Request: Request Red Curb Attachments: r7 Yes No Description: seeclickfix ticket # 4533893 Internal &ise Only: Request Received By: tirza Received via: Counter/ln-Person Assigned To: Luca Z. Notes: Telephone Email Date: 6/6/2018 Fax Referral: seeclickfix 258 of 607 SEECLICKFIX ID 4533893 PRIORITY Normal REQUEST TYPE ADDRESS Traffic Related Issues or 151.5 Orange Street National City, California Complaints ASSIGNEE Engineering SLA EXPIRES SECONDARY QUESTIONS Please provide location. 1515 orange st Please providea brief description of issues/complaint. Red curb needed In case the City needs additional information to resolve this issue, please provide your preferred method of communication (email or phone number), This will be kept private. Email SUMMARY & DESCRIPTION Need red curb cant see traffic When turning from Orange st onto 16th street the sight of traffic is blocked with cars parked . There needs to be a red curb so it is safe to exit. Have seen accidents due to this . Vans are usually parked there three In a row . Reported by: An anonymous SeeClickFix user 06/06/2018 - 06:55PM TIMESTAMP INTERNAL COMMENT 06/06/2018 07:34PM 06/06/2018 10:48PM 06/07/2018 11:06AM 06/07/2018 Yes 01:37PM 06/11/2018 10:35AM Another person wants this fixed! LOCATION Supottna City `1Gl�tri� 95, Goog!e MEDIA REPORTED 06/06/2018 - 06:55PM n • Grarnter Junior y 111uh Schanl Map data 62018 Coog4 With the continued building of apartments onf street parking has become a real problem. Drivers must at times encroach into the street to see if they are clear to enter traffic. It Is a real problem through out the city Another person wants this fixed! Public Works assigned this issue to Engineering 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 Neighbor#1 Gil Garcia Keila Public Works Engineering 259 of 607 October 3, 2018 Resident/Property Owner cALIrORNJA NNTIONIALCITy Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2018-28 REQUEST TO INSTALL RED CURB "NO PARKING" AT THE INTERSECTION OF E. 16TH STREET & ORANGE STREET AND THE INTERSECTION OF E. 16TH STREET & PROSPECT 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, October 10, 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 2116 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 2018-28. Sincerely, 7, Stephen Manganiello City Engineer SM:ch Enclosure: Location Map 2018-28 1234 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 engineering@nationalcityca.gov 260 of 607 Location Map with Recommended Enhancements (TSC Item: 2018-28) 1604 Prospect St. yr • 30' of existing red curb "No Parking" 1601 Prospect St. 20' of existing red curb "No Parking" 40' of existing red curb "No Parking" 35' of existing red curb "No Parking" 261 of 607 20' of proposed red curb "No Parking" Location of proposed red curb "No Parking" on the north side of E 16th Street, west of Orange Street (looking west) 20' of proposed red curb "No Parking" Location of proposed red curb "No Parking" on the north side of E 16th Street, west of Orange Street (looking north) 262 of 607 20' of proposed red curb "No Parking" Location of proposed red curb "No Parking" on the south side of E 16th Street, west of Prospect Street (looking west) 20' of proposed red curb "No Parking" Location of proposed red curb "No Parking" on the south side of E 16th Street, west of Prospect Street (looking south) 263 of 607 Traffic Collision History (NCPD Records Division) From September 25, 20—September25,2 18, there was 1 traffic collision on the intersection of El ® Street and Orange Street. NATIONAL CITY 1503150 121U,2015 5:16 VC2 m OLATION OF KASISP) LAW, SPEED UNSAFE FOR CON WOKS g6TH Sk& ORANGE STREET, KC K 0 « INFRACTION e �� , From October 2, 2014 — October 2, 2018, there was 1 traffic collision on the intersection of E. 16th Street and Prospect Street. '. ` '", f �E CYO , , �.. �� : >:. .N ...�N� .: :j '4 ai�ay'.J'111, �N p4CL1V 17,fz . I IMEER : :,,.: 4:i.g%.," 2.A" ,,..da T.K.0 Cfl iiY am::, . .i �� '�iii..3�.u;n w ,Z.. :y.>.0 v.e,.tFr+'l'q YIO ODE ,��gsZ��'�",E^�iS yO y .. ., � so. i. ' (OIJ� ION :... _ n ..,., ; ,o. IDE 0IP'r[Cb[ . ijrrozi O' •. 'SzY.ss��l. .:i/.,.: ,.'%$.�.'>'`,:.3.ffsr.. ..,ysz i>'ik f .v%. <"n�-' tee' P.ay. DR.ESS .. :.x.,s >�9.. % / (k °3:SC i:J:i .,.k.�✓.-vY.:a'��.G.Y'z.. .��W�°r-.�.s�O.�?,z.�.� H4: :��' ; .,. � , FLAG; 7>. Ts: . � ,c9+'. ,.ate?' y.f 191 IB E R �. w .. ..1�13tkE[ : q.r olf��:'.rG�,r�� YYdi ': �r �1t41i[�EBE. �' ISI.LLED �,.'�(s�t,Y ...�. ; Mil y �Ft����..y ��i p� :°3 "/yF�.Y-'P: :�] , 4'+�EF�L�..: �s,•�; .� PED liI 'P RELATE .. .} :Ve3., :.,_ , ..,rtsn�v FC ��:;S "ai •'i,!:; s x �..r r ki R LE1lEL :... Al, N TI'ONA CITY 1801154 312J2°18 18.28 VC215d91A Ri F9 - F WAY`iMT.AKII+NG LEFT OR 13 4 RN (I) E16IHSTREET& PROSPECT STREET, Nct Y 2 4Y N N ...:.>,i INFRAcnor4 Ma� z, at ti L09 lO 99Z 'went,' Falfraut 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 16T" STREET AND ORANGE STREET, AND THE INTERSECTION OF EAST 16TH STREET AND PROSPECT STREET, TO IMPROVE VISIBILITY AT THE INTERSECTION (TSC No. 2018-28) WHEREAS, a National City resident has requested red curb "No Parking" at the intersection of East 16" Street and Orange Street to improve visibility and enhance safety for the vehicles exiting from Orange Street onto East 16" Street; and WHEREAS, staff performed a site evaluation and confirmed that when vehicles park too close to the corner on East 16' Street at the intersection, visibility is obstructed for the vehicles that are exiting Orange Street onto East 16" Street; and WHEREAS, staff also confirmed that when vehicles park too close to the corner on East 16' Street at the intersection, the visibility for the vehicles exiting Prospect Street onto East 16" Street is obstructed; and WHEREAS, staff recommends the installation of 20 feet of red curb "No Parking" on the north side of East 16" Street, west of Orange Street, and the installation of 20 feet of red curb "No Parking" on the north side of East 16" Street, west of Orange Street to improve visibility and enhance safety; and WHEREAS, at its meeting on October 10, 2018, the Traffic Safety Committee approved staff's recommendation as stated above. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the installation of 20 feet of red curb "No Parking" on the north side of East 16th Street, west of Orange Street, and the installation of 20 feet of red curb "No Parking" on the north side of East 16' Street, west of Orange Street to improve visibility and enhance safety. PASSED and ADOPTED this 20th day of November, 2018. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Angil P. Morris -Jones City Attorney 266 of 607 CC/CDC-HA Agenda 11/20/2018 — Page 267 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 Stop control signs for the northbound and southbound "La Siesta" Way and "Valle Vista" Avenue approaches to the intersection at E. 20th Street to enhance safety at the intersection (TSC No. 2018-29). (Engineering/Public Works) Please scroll down to view the backup material. 267 of 607 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 20, 2018 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of Stop control signs for the northbound and southbound "La Siesta" Way and "Valle Vista" Avenue approaches to the intersection with E. 201h Street in order to enhance safety at the intersection (TSC No. 2018-29). PREPARED BY: Luca Zappiello, Junior Engineer — Civil PHONE: 619-336-4360 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt a Resolution authorizing installation of stop control signs for the northbound and southbound "La Siesta" Way and "Valle Vista" Avenue approaches to the intersection with E. 20th Street. BOARD / COMMISSION RECOMMENDATION: At their meeting on October 10, 2018, the Traffic Safety Committee approved staffs recommendation to install stop control signs for the northbound and southbound "La Siesta" Way and "Valle Vista" Ave approaches to the intersection with E. 20th ct ATTACHMENTS: 1. Explanation w/ Exhibit 2. Staff Report to the Traffic Safety Committee on October 10, 2018 (TSC No. 2018-29) 3. Resolution 9 AR of Rn7 1 EXPLANATION Mr. Victor Robbins has requested to install Yield or Stop control signs at the intersection of "La Siesta" Way and E. 20th Street in order to enhance safety at the intersection. Staff visited the site and confirmed that currently the intersection of "La Siesta" Way and E. 20th Street does not have signed or marked control. Staff also noted that the adjacent intersection of "Valle Vista" Avenue and E. 20th Street located 2 blocks east of "La Siesta" Way does not have signed or marked control. E. 20th Street is a 2-lane local roadway with on -street parking on both sides of the street and a posted speed limit of 25 mph. "La Siesta" Way and "Valle Vista" Avenue are each 2-lane local roadways with on -street parking on both sides of the street. "La Siesta" Way spans two blocks north and four blocks south of E. 20th Street, from E. 18th Street to E. 24th Street. "Valle Vista" Avenue ends in a cul-de-sac both north and south of E. 20th Street. "La Siesta" Way and "Valle Vista" Avenue are located one and two blocks west of "Granger Junior High School," respectively. Engineering staff authorized Kimley-Horn & Associates to perform a traffic analysis of the two intersections to determine if they warrant yield control, two-way stop control, or all -way stop control, consistent with the guidelines provided in the California Manual on Uniform Traffic Control Devices (see attached traffic study dated September 19, 2018). The analysis includes review of 48-hour Average Daily Traffic (ADT) and pedestrian crossing data, collected during the last week of July, 2018. Staff also reviewed the traffic collision history for these locations, which confirmed there was no "reported" traffic collision within the past four years. This item was presented to the Traffic Safety Committee on October 10, 2018. Staff sent notices to area property owners and tenants, inviting them to attend the Traffic Safety Committee Meeting and/or contact staff with any questions. Mr. Robbins was present and spoke in support of the item. There were no other members of the community present to speak on the item. Staff presented the results of the site evaluation and traffic analysis performed by Kimley-Horn & Associates which support installation of Stop control signs for the northbound and southbound "La Siesta" Way and "Valle Vista" Avenue approaches to the intersection with E. 20th Street. After discussion, the Traffic Safety Committee voted to approve the staff recommendation for the following traffic safety enhancements: 1. Install Stop control signs with 25 feet of red curb "No Parking" and 50 feet of double -yellow centerline for the northbound and southbound "La Siesta" Way approaches to the intersection with E. 20th Street; 2. Install Stop control signs with 25 feet of red curb "No Parking" and 50 feet of double -yellow centerline for the northbound and southbound "Valley Vista" Avenue approaches to the intersection with E. 20th Street. If approved by City Council, all work will be performed by City Public Works. 269 of 607 Location Map with Recommended Enhancements (TSC Item: 2018-29) 25' of proposed Red Curb "No Parking" & 50' of proposed double -yellow centerline E. 20th Street 25' of proposed Red Curb "No Parking" & 50' of proposed double -yellow centerline 270 of 607 ITEM TITLE: 3 NATIONAL. CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR OCTOBER 10, 2018 REQUEST TO INSTALL STOP CONTROL SIGNS FOR THE NORTHBOUND AND SOUTHBOUND "LA SIESTA" WAY AND "VALLE VISTA" AVENUE APPROACHES TO THE INTERSECTION WITH E. 20TH STREET IN ORDER TO ENHANCE SAFETY AT THE INTERSECTION. PREPARED BY: Luca Zappiello, Junior Engineer - Civil Engineering & Public Works Department DISCUSSION: Mr. Victor Robbins has requested to install Yield or Stop control signs at the intersection of "La Siesta" Way and E. 20th Street in order to enhance safety at the intersection. Staff visited the site and confirmed that currently the intersection of "La Siesta" Way and E. 20th Street does not have signed or marked control. Staff also noted that the adjacent intersection of "Valle Vista" Avenue and E. 20th Street located 2 blocks east of "La Siesta" Way does not have signed or marked control. E. 20' Street is a 2-lane local roadway with on -street parking on both sides of the street and a posted speed limit of 25 mph. "La Siesta" Way and "Valle Vista" Avenue are each 2-lane local roadways with on -street parking on both sides of the street. "La Siesta" Way spans two blocks north and four blocks south of E. 20th Street, from E. 18' Street to E. 24th Street. "Valle Vista" Avenue ends in a cul-de-sac both north and south of E. 20th Street. "La Siesta" Way and "Valle Vista" Avenue are located, one and two blocks west of "Granger Junior High School" and one block south and one block southeast of "Lincoln Acres Kindergarten School" respectively. Engineering staff authorized Kimley-Horn & Associates to perform a traffic analysis of the two intersections to determine if they warrant yield control, two-way stop control, or all -way stop control, consistent with the guidelines provided in the California Manual on Uniform Traffic Control Devices (see attached traffic study dated September 19, 2018). The analysis includes review of 48-hour Average Daily Traffic (ADT) and pedestrian crossing data, collected during the last week of July, 2018. Staff reviewed the traffic collision history for these locations, which confirmed there was no "reported" traffic collision within the past four years. The result of the traffic study provided by Kimley-Horn & Associates indicate that yield control, two-way stop control, or all -way stop control are not warranted based on observed traffic volumes or collision history. However, the traffic study indicates that the high number of east -west pedestrian crossings at "La Siesta" Way and "Valle Vista" Avenue and proximity to "Granger Junior High School" and "Lincoln Acres Kindergarten School" make side -street Stop control an appropriate measure to control vehicle/pedestrian conflicts at 271 of 607 both intersections. California Vehicle Code and National City Municipal Code require a minimum of 25 feet of red curb "No Parking" for each approach to a Stop sign. STAFF RECOMMENDATION: Staff recommends the following traffic safety enhancements at the intersections of "La Siesta" Way and "Valle Vista" Avenue with E. 20th Street: 1. Install two Stop control signs on "La Siesta" Way on the north and south side of E. 20th Street; 2. Install two Stop control signs on "Valle Vista" Avenue on the north and south side of E. 20th Street; 3. Install 20 feet of red curb "No Parking" on "La Siesta" Way on the north side of E. 20th Street. This will result in the loss of one (1) on -street parallel parking space; 4. Install 20 feet of red curb "No Parking" on "La Siesta" Way on the south side of E. 20" Street. This will result in the loss of one (1) on -street parallel parking space; 5. Install 20 feet of red curb "No Parking" on "Valle Vista" Avenue on the north side of E. 20th Street. This will result in the loss of one (1) on -street parallel parking space; 6. Install 20 feet of red curb "No Parking" on "Valle Vista" Avenue on the south side of E. 20th Street. This will result in the loss of one (1) on -street parallel parking space; 7. Install 50 feet of double -yellow centerline on "La Siesta" Way on the north side of E. 20th Street; 8. Install 50 feet of double -yellow centerline on "La Siesta" Way on the south side of E. 20th Street; 9. Install 50 feet of double -yellow centerline on "Valle Vista" Avenue on the north side of E. 20th Street; 10. Install 50 feet of double -yellow centerline on "Valle Vista" Avenue on the south side of E. 20" Street; EXHIBITS: 1. Correspondence; 2. Public Notice; 3. Location Map; 4. Photos; 5. Traffic Study. 2018-29 272 of 607 PUBLIC REQUEST FORM Name: Victor Robbins Address: Phone: Email: Location: E. 20th Street and La Siesta Way Eliminate all of the unprotected intersections in National City, starting with the one at Request: E 20th Street and La Siesta Way. My roommate and I have witnessed two accidents that only occurred because neither driver had a stop sign or yield sign. This is a situation I have never seen anywhere else in the country - only in National City. Drivers are not alerted to such a possibility because it no longer exist - except in National City. People who live around here treat the intersection as though there was a stop sign facing La Siesta Way The road is not restricted to locals who know this rule. Attachments: Yes No Description: Request Received By: L. Zappiello Date: Feb 12, 2018 Received via: Counter/In-Person Telephone Email Fax Referral: Mail Assigned To: L. Zappiello Notes: 273 of 607 October 4, 2018 Resident/Property Owner CALIFORNIA NATIONAL CITY 13:31�� 1NCpRPORATEv -' Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2018-29 REQUEST TO INSTALL STOP CONTROL SIGNS FOR THE NORTHBOUND AND SOUTHBOUND "LA SIESTA" WAY AND "VALLE VISTA" AVENUE APPROACHES TO THE INTERSECTION WITH E. 20TH STREET IN ORDER TO ENHANCE SAFETY 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, October 10, 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 2018-29. Sincerely, Stephen Manganiello City Engineer SM:lz Enclosure: Location Map 2018-29 1234 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 engineering@nationalcityca.gov 274 of 607 Location Map with Recommended Enhancements (TSC Item: 2018-29) 25' of proposed Red Curb "No Parking' & 50' of proposed double -yellow centerline 25' of proposed Red Curb "No Parking' & 50' of proposed double -yellow centerline 275 of 607 1• 11. Il i.... ��.1� qI#1 Il Nllll lI11111111t 111111111111 STOP Y Request to install Stop Control sign on "La Siesta" Way on the north side of E 20th Street (looking south) Request to install Stop Control sign on "La Siesta" Way on the south side of E 20th Street (looking north) 276 of 607 Request to install Stop Control sign on "Valle Vista" Avenue on the north side of E 20th Street (looking south) Request to install Stop Control sign on "Valle Vista" Avenue on the south side of E 20th Street (looking north) 277 of 607 Kimley»>Horn MEMORANDUM To: Stephen Manganiello City of National City From: Leo Espelet Kimley-Horn and Associates, Inc. Date: September 19, 2018 Subject: E. 20th Street Stop Control Evaluations at La Siesta Way and Valle Vista Avenue Intersections This memorandum was prepared to evaluate the use of yield control, side -street stop -control, and all -way stop control at the intersections of E. 20th Street with La Siesta Way and Valle Vista Avenue in the City of National City. E. 20th Street is a 2-lane local roadway with parking on both sides providing access to residential areas and Granger Junior High School. La Siesta Way and Valle Vista Avenue are each 2-lane local roadways with on -street parking. La Siesta Way spans one block north and south of E. 20th Street, from E. 18th Street to E. 24th Street. Valle Vista Avenue ends in a cul-de-sac both north and south of E. 20'h Street. The two study intersections have no signed or marked control, although E. 20th Street acts as the free movement. Figure 1 illustrates the existing intersection conditions. 1L Figure 1 — Existing Intersection Conditions The guiding document for the evaluation of intersection traffic control is the 2014 California Manual on Uniform Traffic Control Devices (CA-MUTCD). The applicable CA-MUTCD excerpt is provided in Appendix A and summarized below. kimley-horn.com 401 8 Street, Suite 600, San Diego, CA 92101 619-234-9411 278 of 607 Kimley>»Horn Section 2B-06 Stop Sign Applications Page 2 The use of stop control on the minor -street approach should be considered if engineering judgment indicates that a stop is always required because of one or more of the following conditions: • The vehicular traffic volumes on the through street or highway exceed 6,000 vehicles per day; • A restricted view exists that requires road users to stop in order to adequately observe conflicting traffic on the through street or highway; and/or • Crash records indicate that three or more crashes are susceptible to correction by the installation of a stop sign have been reported within a 12-month period, or that five or more such crashes have been reported within a 2-year period. Such crashes include right-angle collisions involving road users on the minor -street approach failing to yield the right-of-way to traffic on the through street. Section 2B-07 Multi -Way Stop Applications The use of all -way stop control should be considered if engineering judgment indicates that a stop is always required because of one or more of the following conditions: Crashes: • Five or more reported crashes in a 12-month period that are susceptible to correction by a multi - way stop installation. Such crashes include right -turn and left -turn collisions as well as right-angle collisions. Minimum Volumes: • The vehicular volume entering the intersection from the major street approaches (total of both approaches) averages at least 300 vehicles per hour for any 8 hours of an average day, and • The combined vehicular, pedestrian, and bicycle volume entering the intersection from the minor street approaches (total of both approaches) averages at least 200 units per hour for the same 8 hours, with an average delay to minor -street vehicular traffic of at least 30 seconds per vehicle during the highest hour, but • If the 85th-percentile approach speed of the major -street traffic exceeds 40 mph, the minimum vehicular volume warrants are 70 percent of the values provided in the prior two bulleted items. Other Criteria: • The need to control left -turn conflicts; • The need to control vehicle/pedestrian conflicts near locations that generate high pedestrian volumes; • Locations where a road user, after stopping, cannot see conflicting traffic and is not able to negotiate the intersection unless conflicting cross traffic is also required to stop; and • An intersection of two residential neighborhood collectors (through) streets of similar design and operating characteristics where multi -way stop control would improve traffic operational characteristics of the intersection. kimley-horn.com 401 B Street, Suite 600, San Diego, CA 92101 619-234-9411 279 of 607 Kimley»>Horn Section 2B-09 Yield Sign Applications Yield signs may be installed: Page 3 • On the approaches to a through street or highway where conditions are such that a full stop is not always required. • At the second crossroad of a divided highway, where the median width at the intersection is 30 feet or greater. In this case, a STOP or YIELD sign may be installed at the entrance to the first roadway of a divided highway, and a YIELD sign may be installed at the entrance to the second roadway. • For a channelized turn lane that is separated from the adjacent travel lanes by an island, even if the adjacent lanes at the intersection are controlled by a highway traffic control signal or by a STOP sign. • At an intersection where a special problem exists and where engineering judgment indicates the problem to be susceptible to correction by the use of the YIELD sign. • Facing the entering roadway for a merge -type movement if engineering judgment indicates that control is needed because acceleration geometry and/or sight distance is not adequate for merging traffic operation. As a part of the analysis, 48-hour ADT counts were collected on E. 20'h Street west of La Siesta Way (between La Siesta Way and Valle Vista Avenue), on La Siesta Way south of E. 20'h Street, and on Valle Vista Avenue north of E. 20th Street from Wednesday, July 25, 2018 to Thursday, July 26, 2018. These counts are provided in Appendix B. Crash data was collected through the Transportation Injury Mapping System (TIMS). At the time of this memorandum, crash data through the end of 2017 was available. One crash has been recorded at Valle Vista Avenue, and no crashes have been recorded at La Siesta Way within the most recent available five- year time period. Collision reports are included in Appendix C. Side -Street Stop Control Evaluation Minimum Volumes: Based on collected traffic volumes, the intersections La Siesta Way and Valle Vista Avenue with E. 20th Street were not found to meet the minimum daily volume threshold. The average of the daily traffic counts on E. 20th Street was found to be 2,559 vehicles per day. A summary of traffic volumes is presented in Appendix B. Crashes: Crash history from 2013 to 2017 was reviewed for this analysis. One crash has been recorded at Valle Vista Avenue, and no crashes have been recorded at La Siesta Way within this five-year time frame. Multi -Way Stop Control Evaluation Crashes: As stated above, one crash has been recorded at Valle Vista Avenue, and no crashes have been recorded at La Siesta Way within the last five years of collision history. kimley-horn.com 401 B Street, Suite 600, San Diego, CA 92101 619-234-9411 280 of 607 Kimley»>Horn Page 4 Minimum Volumes: Based on collected traffic volumes, the intersections were not found to meet the minimum volume thresholds for the same eight hours of a day. The average traffic volumes for the peak eight hours on E. 20th Street was found to be 216 vehicles; on La Siesta Way 20 vehicles; and on Valle Vista Avenue 5 vehicles. Directional traffic volumes are presented in Appendix B. Other Criteria: La Siesta Way and Valle Vista Avenue are located, respectively, one and two blocks west of Granger Junior High School. The school generates significant numbers of pedestrians, especially during the morning peak hour. At La Siesta Way there were 30 east -west pedestrian crossings and at Valle Vista Way there were 37 east -west pedestrian crossings during the morning peak hour. Peak -hour pedestrian counts are presented in Appendix B. Based on this data, side -street stop control at La Siesta Way and Valle Vista Way would be an appropriate measure to control vehicle/pedestrian conflicts. Side -street Yield Control Evaluation Based on the intersection geometry and site conditions, there are no special problems that exist at the intersection that yield control would be an appropriate solution for. Conclusion The intersections of E. 20th Street with La Siesta Way and Valle Vista Avenue were not found to meet the warrants for yield control, two-way stop control, or all -way stop control based on observed traffic volumes or crash history. However, the high number of east -west pedestrian crossings at La Siesta Way and Valle Vista Avenue and proximity to Granger Junior High School make side -street stop control an appropriate measure to control vehicle/pedestrian conflicts at both intersections. Please call me if you have any questions or comments. Sincerely, Leonardo Espelet, T.E. RTE #2678 Attachments: • Appendix A — Applicable CA-MUTCD Traffic Control Excerpts • Appendix B — Existing Traffic and Pedestrian Count Data Sheets • Appendix C — TIMS Crash History K: ISND TPT01095811047 130 Traffic Counts and AnalysisiReportslStop Control Warrants- 20th Street kimley-horn.com 401 B Street, Suite 600, San Diego, CA 92101 619-234-9411 281 of 607 Kimley>»Horn Appendix A — MUTCD Traffic Control Excerpts kimley-horn.com 401 B Street, Suite 600, San Diego, CA 92101 619-234-9411 282 of 607 California MUTCD 2014 Edition Page 129 (FHWA's MUTCD 2009 Edition, including Revisions 1 & 2. as amended for use in California) Support: 17 Caltrans will grant such permission only when an investigation indicates that the STOP (R1-1) sign will benefit traffic. Section 2B.06 STOP Sign Applications Guidance: o1 At intersections where a fill stop is not necessary at all times, consideration should first be given to using less restrictive measures such as YIELD signs (see Sections 2B.08 and 2B.09). 02 The use of STOP signs on the minor -street approaches should be considered if engineering judgment indicates that a stop is always required because of'one or more of the, following conditions: A. The vehicular traffic volumes on the through street or highway exceed 6,000 vehicles per day; B. A restricted view exists that requires road users to stop in order to adequately observe conflicting traffic on the through street or highway; and/or C. Crash records indicate that three or more crashes that are susceptible to correction by the installation of a STOP sign have been reported within a 12-month period, or that five or more such crashes have been reported within a 2-year period. Such crashes include right-angle collisions involving road users on the minor -street approach failing to yield the right-of-way to traffic on the through street or highway. Support: 03 The use of STOP signs at grade crossings is described in Sections 8B.04 and 8B.05. Section 2B.07 Multi -Way Stop Applications Support: of Multi -way stop control can be useful as a safety measure at intersections if certain traffic conditions exist. Safety concerns associated with multi -way stops include pedestrians, bicyclists, and all road users expecting other road users to stop. Multi -way stop control is used where the volume of traffic on the intersecting roads is approximately equal. 02 The restrictions on the use of STOP signs described in Section 2B.04 also apply to multi -way stop applications. Guidance: 03 The decision to install multi -way stop control should be based on an engineering study. 04 The following criteria should be considered in the engineering study for a multi -way STOP sign installation: A. Where traffic control signals are justified, the multi -way stop is an interim measure that can be installed quickly to control traffic while arrangements are being made for the installation of the traffic control signal. B. Five or more reported crashes in a 12-month period that are susceptible to correction by a multi -way stop installation. Such crashes include right -turn and left -turn collisions as well as right-angle collisions. C. Minimum volumes: 1. The vehicular volume entering the intersection from the major street approaches (total of both approaches) averages at least 300 vehicles per hour for any 8 hours of an average day; and 2. The combined vehicular, pedestrian, and bicycle volume entering the intersection front the minor street approaches (total of both approaches) averages at least 200 units per hour for the same 8 hours, with an average delay to minor -street vehicular traffic of at least 30 seconds per vehicle during the highest hour; but 3. If the 85th percentile approach speed of the major -street traffic exceeds 40 mph, the minimum vehicular volume warrants are 70 percent of the values provided in Items 1 and 2. D. Where no single criterion is satisfied, but where Criteria B, C.1, and C.2 are all satisfied to 80 percent of the minimum values. Criterion C.3 is excluded from this condition. Option: 05 Other criteria that may be considered in an engineering study include: A. The need to control left -turn conflicts; B. The need to control vehicle/pedestrian conflicts near locations that generate high pedestrian volumes; C. Locations where a road user, after stopping, cannot see conflicting traffic and is not able to negotiate the intersection unless conflicting cross traffic is also required to stop; and i Chapter 2B — Regulatory Signs, Barricades, and Gates Part 2 — Signs November 7. 2014 283 of 607 California MUTCD 2014 Edition Page 130 (FHWA's MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California) D. An intersection of two residential neighborhood collector (through) streets of similar design and operating characteristics where multi -way stop control would improve traffic operational characteristics of the intersection. Section 2B.08 YIELD Sign (R1-2) Standard: of The YIELD (R1-2) sign (see Figure 2B-1) shall be a downward -pointing equilateral triangle with a wide red border and the legend YIELD in red on a white background. Support: o2The YIELD sign assigns right-of-way to traffic on certain approaches to an intersection. Vehicles controlled by a YIELD sign need to slow down to a speed that is reasonable for the existing conditions or stop when necessary to avoid interfering with conflicting traffic. Section 2B.09 YIELD Sign Applications Option: of YIELD signs may be installed: A. On the approaches to a through street or highway where conditions are such that a full stop is not always required. B. At the second crossroad of a divided highway, where the median width at the intersection is 30 feet or greater. In this case, a STOP or YIELD sign may be installed at the entrance to the first roadway of a divided highway, and a YIELD sign may be installed at the entrance to the second roadway. C. For a channelized turn lane that is separated from the adjacent travel lanes by an island, even if the adjacent lanes at the intersection are controlled by a highway traffic control signal or by a STOP sign. D. At an intersection where a special problem exists and where engineering judgment indicates the problem to be susceptible to correction by the use of the YIELD sign. E. Facing the entering roadway for a merge -type movement if engineering judgment indicates that control is needed because acceleration geometry and/or sight distance is not adequate for merging traffic operation. Standard: 02 A YIELD (R1-2) sign shall be used to assign right-of-way at the entrance to a roundabout. YIELD signs at roundabouts shall be used to control the approach roadways and shall not be used to control the circulatory roadway. 03 Other than for all of the approaches to a roundabout, YIELD signs shall not be placed on all of the approaches to an intersection. Section 2B.10 STOP Sign or YIELD Sign Placement Standard: of The STOP or YIELD sign shall be installed on the near side of the intersection on the right-hand side of the approach to which it applies. When the STOP or YIELD sign is installed at this required location and the sign visibility is restricted, a Stop Ahead sign (see Section 2C.36) shall be installed in advance of the STOP sign or a Yield Ahead sign (see Section 2C.36) shall be installed in advance of the YIELD sign. 02 The STOP or YIELD sign shall be located as close as practical to the intersection it regulates, while optimizing its visibility to the road user it is intended to regulate. 02a YIELD signs shall not be erected upon the approaches to more than one of the intersecting streets. Refer to CVC 21356. 03 STOP signs and YIELD signs shall not be mounted on the same post. o4No items other than inventory stickers, sign installation dates, and bar codes shall be affixed to the fronts of STOP or YIELD signs, and the placement of these items shall be in the border of the sign. os No items other than official traffic control signs, inventory stickers, sign installation dates, anti - vandalism stickers, and bar codes shall be mounted on the backs of STOP or YIELD signs. o6No items other than retroreflective strips (see Section 2A.21) or official traffic control signs shall be mounted on the fronts or backs of STOP or YIELD signs supports. i Chapter 2B — Regulatory Signs, Barricades, and Gates Part 2 — Signs November 7, 2014 284 of 607 Kimley>»Horn Appendix B — Traffic Counts kimley-horn.com 401 B Street, Suite 600, San Diego, CA 92101 619-234-9411 285 of 607 National Data & Surveying Services Locati6il ti t3'§aFtgto n9n Turning Moyrq t7cpunt City: National City Date: 7/26/2018 Pedestrians (Crosswalks) NS/EW Streets: La Siesta Way La Siesta Way E 20th St E 20th St AM NORTH LEG EB WB SOUTH LEG EB WB EAST LEG NB SB NB WEST LEG SB TOTAL 7:00 AM 7:15AM 7:30 AM 7:45AM 2 1 1 1 0 0 1 5 0 1 1 9 0 0 3 0 0 0 0 0 0 3 0 1 ' 0 0 0 1 0 0 0 0 0 2 5 6 16 8:00 AM 8:15AM 8:30 AM 8:45 AM 1 0 0 0 2 0 0 0 2 0 0 0 4 1 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 8 1 2 0 TOTAL VOLUMES : APPROACH %'s : EB WB 8 6 57.14% 42.86% EB 13 61.90% WB 8 38.10% NB 0 0.00% SB 5 100.00% NB 0 SB 0 TOTAL 40 PEAK HR : 07:15 AM - 08:15 AM 13 0.361 7 0.438 0.556 0 5 0.417 0.417 0 0 TOTAL 35 0.547 PEAK HR VOL : PEAK HR FACTOR : 4 6 1.000 0.300 0.417 PM NORTH LEG EB WB SOUTH LEG EB WB EAST LEG NB SB NB WEST LEG SB TOTAL 4:00 PM 4:15PM 4:30 PM 4:45 PM 0 0 0 0 0 0 0 0 0 0 0 1 3 0 1 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 3 0 2 1 5:00 PM 0 0 0 0 0 0 0 0 0 5:15PM 0 0 1 3 0 0 0 0 4 5:30 PM 1 0 0 0 1 0 0 0 2 5:45 PM 0 0 0 3 0 0 0 0 3 EB WB EB WB NB SB NB SB TOTAL TOTAL VOLUMES : 1 0 2 10 1 1 0 0 15 APPROACH %'s : 100.00% 0.00% 16.67% 83.33% 50.00% 50.00% PEAK HR : 04:45 PM - 05:45 PM TOTAL PEAK HR VOL : 1 0 2 3 1 0 0 0 7 PEAK HR FACTOR : 0.250 0.250 0.500 0.250 0.313 0.250 0.250 0.438 286 of 607 National Data & Surveying Services Locatib gteca vFgtIRan Turning MoNrgm ,t7cpunt City: National City NS/EW Streets: Valle Vista Ave Date: 7/26/2018 Pedestrians (Crosswalks) Valle Vista Ave E 20th St E 20th St AM NORTH LEG EB WB SOUTH LEG EB WB EAST LEG NB S8 WEST LEG NB SB TOTAL 7:00 AM 7:15AM 7:30 AM 7:45AM 0 0 0 0 0 0 2 0 0 3 6 7 1 0 0 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 1 3 8 12 8:00 AM 1 1 9 3 1 0 0 0 15 8:15AM 0 3 0 6 0 0 0 1 10 8:30 AM 0 0 1 0 0 0 0 0 1 8:45 AM 0 0 0 1 0 0 0 0 1 EB WB EB WB NB SB NB SB TOTAL TOTAL VOLUMES: 3 4 26 14 1 0 0 3 51 APPROACH %'s : 42.86% 57.14% 65.00% 35.00% 100.00% 0.00% 0.00% 100.00% PEAK HR : 07:15 AM - 08:15 AM TOTAL PEAK HR VOL : 3 1 25 6 1 0 0 2 38 PEAK HR FACTOR : 0.375 0.250 0.500 0.694 0.500 0.646 0.250 0.250 0.250 0.250 0.633 PM NORTH LEG EB WB SOUTH LEG EB WB EAST LEG NB SB WEST LEG NB SB TOTAL 4:00PM 4:15PM 4:30 PM 4:45 PM 2 0 0 0 0 0 0 0 1 2 0 1 4 4 1 0 0 0 0 0 0 4 0 0 1 0 0 0 0 0 0 0 8 10 1 1 5:00 PM 0 0 1 0 0 0 0 0 1 5:15PM 0 0 0 0 0 0 0 0 0 5:30 PM 1 0 0 0 0 0 0 0 1 5:45 PM 0 0 1 1 0 0 0 0 2 EB WB EB WB NB SB NB SB TOTAL TOTAL VOLUMES : 3 0 6 10 0 4 1 0 24 APPROACH %'s : 100.00% 0.00% 37,50% 62.50% 0.00% 100.00% 100.00% 0.00% PEAK HR : 04:45 PM - 05:45 PM TOTAL PEAK HR VOL : 1 0 2 0 0 0 0 0 3 PEAK HR FACTOR : 0.250 0.250 0.500 0.500 0.750 287 of 607 Prepared by N115/ATD VOLUME 20th St Bet. La Siesta Way & Lanoitan Ave Day: Wednesday Date: 8/1/2018 City: National City Project tt: CA18_4273_001 AM Period DAILY TOTALS NB SB EB NB SB EB WB WB Total 2,542 0 I 0 1,131 I PM Period 1,411 I NB SB EB WB TOTAL I TOTAL 00:00 5 3 8 12:00 11 14 25 00:15 3 1 4 12:15 12 12 24 00:30 0 2 2 12:30 9 16 25 00:45 2 10 1 7 3 17 12:45 10 42 18 60 28 102 01:00 3 1 4 13:00 16 10 26 01:15 2 1 3 13:15 10 13 23 01:30 1 1 2 13:30 21 6 27 01:45 1 7 0 3 1 10 13:45 11 58 22 51 33 109 02:00 1 2 3 14:00 22 23 45 02:15 1 1 2 14:15 14 19 33 02:30 1 0 1 14:30 39 31 70 02:45 1 4 0 3 1 7 14:45 36 111 29 102 65 213 03:00 0 1 1 15:00 43 14 57 03:15 0 1 1 15:15 56 65 121 03:30 1 3 4 15:30 30 50 80 03:45 0 1 1 6 1 7 15:45 14 143 23 152 37 295 04:00 2 1 3 16:00 22 10 32 04:15 1 3 4 16:15 20 15 35 04:30 0 2 2 16:30 19 17 36 04:45 2 5 3 9 5 14 16:45 24 85 12 54 36 139 05:00 2 4 6 17:00 10 24 34 05:15 3 6 9 17:15 19 18 37 05:30 1 6 7 17:30 20 25 45 05:45 2 8 18 34 20 42 17:45 21 70 16 83 37 153 06:00 5 9 14 18:00 21 28 49 06:15 7 12 19 18:15 18 26 44 06:30 5 8 13 18:30 16 17 33 06:45 4 21 13 42 17 63 18:45 22 77 33 104 55 181 07:00 10 26 36 19:00 16 14 30 07:15 17 35 52 19:15 6 13 19 07:30 30 61 91 19:30 22 10 32 07:45 48 105 86 208 134 313 19:45 10 54 14 51 24 105 08:00 47 104 151 20:00 8 8 16 08:15 10 18 28 20:15 8 10 18 08:30 12 11 23 20:30 11 14 25 08:45 9 78 11 144 20 222 20:45 13 40 6 38 19 78 09:00 9 13 22 21:00 15 10 25 09:15 10 19 29 21:15 8 17 25 09:30 14 18 32 21:30 14 3 17 09:45 7 40 9 59 16 99 21:45 7 44 6 36 13 80 10:00 7 12 19 22:00 7 7 14 10:15 13 15 28 22:15 10 10 20 10:30 11 20 31 22:30 3 9 12 10:45 10 41 16 63 26 104 22:45 5 25 7 33 12 58 11:00 9 14 23 23:00 5 3 8 11:15 11 13 24 23:15 2 2 4 11:30 8 18 26 23:30 1 6 7 11:45 18 46 12 57 30 103 23:45 8 16 1 12 9 28 TOTALS 366 635 1001 TOTALS 765 776 1541 SPLIT% 36.6% 63.4% 39.4% SPLIT % 49.6% 50.4% 60.6% DAILY TOTALS NB SB EB WB Total 0 0 1,131 1,411. 2,542 AM Peak Hour AM Pk Volume 07:15 142 07:15 286 07:15 428 PM Peak Hour PM Pk Volume 14:30 174 14:45 158 14:45 323 Pk Hr Factor 0.740 0.688 0.709 Pk Hr Factor 0.777 0.608 0.667 7 - 9 Volume 183 352 535 4 - 6 Volume 155 137 292 7 - 9 Peak Hour 07:15 07:15 07:15 4 - 6 Peak Hour 16:00 17:00 17:00 7 - 9 Pk Volume 142 286 428 4 - 6 Pk Volume 85 83 153 Pk Hr Factor 0.740 0.688 0.709 Pk Hr Factor 0.885 0.830 0.850 288 of 607 Prepared by NDS/ATD VOLUME 20th St Bet. La Siesta Way & Lanoitan Ave Day: Thursday Date: 8/2/2018 City: National City Project ti: CA18_4273_001 AM Period DAILY TOTALS ' NB SB EB NB SB EB w6 SB ER WB Total 2,575 1 TOTAL 0 WB 0 , TOTAL I 1,150 PM Period 1,425 NB 00:00 6 2 8 12:00 10 12 22 00:15 2 2 4 12:15 14 15 29 00:30 3 2 5 12:30 16 18 34 00:45 2 13 1 7 3 20 12:45 16 56 27 72 43 128 01:00 1 1 2 13:00 39 27 66 01:15 1 0 1 13:15 25 24 49 01:30 1 1 2 13:30 16 19 35 01:45 1 4 1 3 2 7 13:45 13 93 16 86 29 179 02:00 1 3 4 14:00 10 18 28 02:15 0 1 1 14:15 17 14 31 02:30 1 1 2 14:30 12 24 36 02:45 1 3 0 5 1 8 14:45 27 66 19 75 46 141 03:00 1 0 1 15:00 45 12 57 03:15 0 0 0 15:15 41 71 112 03:30 0 1 1 15:30 25 51 76 03:45 0 1 1 2 1 3 15:45 17 128 14 148 31 276 04:00 0 4 4 16:00 22 12 34 04:15 0 3 3 16:15 21 18 39 04:30 0 2 2 16:30 16 14 30 04:45 2 2 2 11 4 13 16:45 20 79 15 59 35 138 05:00 1 5 6 17:00 14 21 35 05:15 2 6 8 17:15 14 25 39 05:30 4 8 12 17:30 24 31 55 05:45 0 7 17 36 17 43 17:45 32 84 15 92 47 176 06:00 7 12 19 18:00 26 31 57 06:15 3 18 21 18:15 19 25 44 06:30 7 15 22 18:30 23 28 51 06:45 8 25 18 63 26 88 18:45 13 81 9 93 22 174 07:00 13 29 42 19:00 19 11 30 07:15 14 40 54 19:15 15 9 24 07:30 35 67 102 19:30 15 17 32 07:45 59 121 90 226 149 347 19:45 8 57 17 54 25 111 08:00 43 80 123 20:00 12 9 21 08:15 13 23 36 20:15 8 9 17 08:30 11 9 20 20:30 17 16 33 08:45 11 78 10 122 21 200 20:45 14 51 8 42 22 93 09:00 8 9 17 21:00 6 8 14 09:15 6 13 19 21:15 8 19 27 09:30 7 19 26 21:30 7 15 22 09:45 11 32 10 51 21 83 21:45 13 34 8 50 21 84 10:00 6 11 17 22:00 7 6 13 10:15 12 17 29 22:15 8 6 14 10:30 13 11 24 22:30 2 2 4 10:45 16 47 11 50 27 97 22:45 6 23 2 16 8 39 11:00 16 15 31 23:00 12 4 16 11:15 12 14 26 23:15 5 3 8 11:30 6 10 16 23:30 3 2 5 11:45 10 44 12 51 22 95 23:45 1 21 2 11 3 32 TOTALS 377 627 1004 TOTALS 773 798 1571 SPLIT % 37.5% 62.5% 39.0% SPLIT % 49.2% 50.8% 61.0% DAILY TOTALS NB SB I EB w6 Total 0 0 1,150 1,425 2,575 AM Peak Hour AM Pk Volume 07:15 151 07:15 277 07:15 428 PM Peak Hour PM Pk Volume 14:45 138 14:45 153 14:45 291 Pk Hr Factor 0.640 0.769 0.718 Pk Hr Factor 0.767 0.539 0.650 7 - 9 Volume 199 348 547 4 - 6 Volume 163 151 314 7 - 9 Peak Hour 07:15 07:15 07:15 4 • 6 Peak Hour 17:00 16:45 17:00 7 - 9 Pk Volume 151 277 428 4 - 6 Pk Volume 84 92 176 Pk Hr Factor 0.640 0.769 0.718 Pk Hr Factor 0.656 0.742 0.800 289 of 607 Prepared by NOS/AID VOLUME La Siesta Way S/O 20th St Day: Wednesday Date: 7/25/2018 City: National City Project #: CA18_4273_002 AM Period DAILY TOTALS 1 NB SB NB SB EB WB SB EB WB Total 217 217 EB WB 0 1 TOTAL I 0 I PM Period NB 0 I TOTAL 00:00 0 0 0 12:00 2 0 2 00:15 0 0 0 12:15 2 0 2 00:30 0 0 0 12:30 3 0 3 00:45 0 0 0 12:45 2 9 0 2 9 01:00 0 0 0 13:00 3 0 3 01:15 0 0 0 13:15 3 0 3 01:30 0 0 0 13:30 3 0 3 01:45 0 0 0 13:45 1 10 0 1 10 02:00 0 0 0 14:00 4 0 4 02:15 0 0 0 14:15 11 0 11 02:30 0 0 0 14:30 15 0 15 02:45 1 1 0 1 1 14:45 13 43 0 13 43 03:00 0 0 0 15:00 12 0 12 03:15 0 0 0 15:15 4 0 4 03:30 1 0 1 15:30 5 0 5 03:45 0 1 0 0 1 15:45 3 24 0 3 24 04:00 1 0 1 16:00 3 0 3 04:15 0 0 0 16:15 6 0 6 04:30 0 0 0 16:30 2 0 2 04:45 2 3 0 2 3 16:45 2 13 0 2 13 05:00 1 0 1 17:00 3 0 3 05:15 1 0 1 17:15 1 0 1 05:30 0 0 0 17:30 1 0 1 05:45 0 2 0 0 2 17:45 3 8 0 3 8 06:00 2 0 2 18:00 0 0 0 06:15 2 0 2 18:15 1 0 1 06:30 1 0 1 18:30 4 0 4 06:45 2 7 0 2 7 18:45 0 5 0 0 5 07:00 3 0 3 19:00 0 0 0 07:15 6 0 6 19:15 1 0 1 07:30 3 0 3 19:30 1 0 1 07:45 15 27 0 15 27 19:45 1 3 0 1 3 08:00 15 0 15 20:00 2 0 2 08:15 6 0 6 20:15 1 0 1 08:30 2 0 2 20:30 2 0 2 08:45 1 24 0 1 24 20:45 0 5 0 0 5 09:00 4 0 4 21:00 1 0 1 09:15 1 0 1 21:15 4 0 4 09:30 0 0 0 21:30 0 0 0 09:45 1 6 0 1 6 21:45 2 7 0 2 7 10:00 1 0 1 22:00 0 0 0 10:15 3 0 3 22:15 0 0 0 10:30 1 0 1 22:30 1 0 1 10:45 2 7 0 2 7 22:45 0 1 0 0 1 11:00 3 0 3 23:00 1 0 1 11:15 2 0 2 23:15 0 0 0 11:30 3 0 3 23:30 0 0 0 11:45 2 10 0 2 10 23:45 0 1 0 0 1 TOTALS 88 88 TOTALS 129 129 SPLIT% 100.0% 40.6% SPLIT% 100.0% 59.4% Total DAILY TOTALS NB SB r EB WB 217 0 f 0 0 217 AM Peak Hour AM Pk Volume Pk Hr Factor 07:15 39 0.650 07:15 39 0.650 PM Peak Hour PM Pk Volume Pk Hr Factor 14:15 51 0.850 14:15 51 0.850 7.9Volume 51 - 51 4-6Volume 21 21 7 - 9 Peak Hour 07:15 07:15 4 - 6 Peak Hour 16:00 16:00 7 - 9 Pk Volume 39 39 4 - 6 Pk Volume 13 13 Pk Hr Factor 0.650 0.650 Pk Hr Factor 0.542 0.542 290 of 607 Prepared by ND5/ATD VOLUME La Siesta Way S/0 20th St Day: Thursday Date: 7/26/2018 City: National City Project #: CA18_4273_002 DAILY TOTALS NB SB EB WB Total 218 218 0 I 0 0 AM Period NB SB EB WB TOTAL I PM Period NB SB EB WB TOTAL 00:00 0 0 0 12:00 3 0 3 00:15 0 0 0 12:15 2 0 2 00:30 0 0 0 12:30 2 0 2 00:45 0 0 0 12:45 7 14 0 7 14 01:00 0 0 0 13:00 17 0 17 01:15 0 0 0 13:15 4 0 4 01:30 0 0 0 13:30 1 0 1 01:45 0 0 0 13:45 1 23 0 1 23 02:00 0 0 0 14:00 0 0 0 02:15 1 0 1 14:15 2 0 2 02:30 0 0 0 14:30 5 0 5 02:45 0 1 0 0 1 14:45 3 10 0 3 10 03:00 0 0 0 15:00 10 0 10 03:15 1 0 1 15:15 8 0 8 03:30 0 0 0 15:30 4 0 4 03:45 0 1 0 0 1 15:45 3 25 0 3 25 04:00 0 0 0 16:00 3 0 3 04:15 0 0 0 16:15 2 0 2 04:30 0 0 0 16:30 1 0 1 04:45 0 0 0 16:45 3 9 0 3 9 05:00 2 0 2 17:00 3 0 3 05:15 1 0 1 17:15 7 0 7 05:30 0 0 0 17:30 4 0 4 05:45 2 5 0 2 5 17:45 4 18 0 4 18 06:00 2 0 2 18:00 2 0 2 06:15 2 0 2 18:15 4 0 4 06:30 0 0 0 18:30 1 0 1 06:45 1 5 0 1 5 18:45 0 7 0 0 7 07:00 5 0 5 19:00 3 0 3 07:15 2 0 2 19:15 0 0 0 07:30 8 0 8 19:30 2 0 2 07:45 15 30 0 15 30 19:45 0 5 0 0 5 08:00 14 0 14 20:00 1 0 1 08:15 5 0 5 20:15 1 0 1 08:30 1 0 1 20:30 0 0 0 08:45 2 22 0 2 22 20:45 0 2 0 0 2 09:00 4 0 4 21:00 1 0 1 09:15 3 0 3 21:15 2 0 2 09:30 1 0 1 21:30 1 0 1 09:45 5 13 0 5 13 21:45 2 6 0 2 6 10:00 7 0 7 22:00 0 0 0 10:15 0 0 0 22:15 1 0 1 10:30 0 0 0 22:30 2 0 2 10:45 3 10 0 3 10 22:45 1 4 0 1 4 11:00 2 0 2 23:00 0 0 0 11:15 3 0 3 23:15 0 0 0 11:30 2 0 2 23:30 0 0 0 11:45 1 8 0 1 8 23:45 0 0 0 TOTALS 95 95 TOTALS 123 123 SPLIT % 100.0% 43.6% SPLIT % 100.0% 56.4% DAILY TOTALS NB SB EB WB Total 2.18 218 0 0 0 AM Peak Hour AM Pk Volume Pk Hr Factor 07:30 42 0.700 07:30 42 0.700 PM Peak Hour PM Pk Volume Pk Hr Factor 12:30 30 0.441 12:30 30 0.441 7 - 9 Volume 52 52 4 - 6 Volume 27 27 7 - 9 Peak Hour 07:30 07:30 4-6Peak Hour 17:00 17:00 7 - 9 Pk Volume 42 42 4 - 6 Pk Volume 18 18 Pk Hr Factor 0.700 0.700 Pk Hr Factor 0.643 0.643 291 of 607 Prepared by NO5/ATD VOLUME Valle Vista Ave N/O 20th St Day: Wednesday Date: 7/25/2018 City: National City Project #: CA18_4273_003 AM Period DAILY TOTALS NB SB NB SB EB WB SB EB WB Total 0 EB WB 83 TOTAL I PM Period 0 NB 0 83 I TOTAL 00:00 0 0 0 12:00 0 2 2 00:15 0 1 1 12:15 0 1 1 00:30 0 0 0 12:30 0 1 1 00:45 0 0 1 0 1 12:45 0 2 6 2 6 01:00 0 0 0 13:00 0 0 0 01:15 0 0 0 13:15 0 0 0 01:30 0 0 0 13:30 0 5 5 01:45 0 0 0 13:45 0 0 5 0 5 02:00 0 0 0 14:00 0 4 4 02:15 0 0 0 14:15 0 0 0 02:30 0 0 0 14:30 0 0 0 02:45 0 0 0 14:45 0 0 4 0 4 03:00 0 0 0 15:00 0 1 1 03:15 0 0 0 15:15 0 3 3 03:30 0 2 2 15:30 0 3 3 03:45 0 0 2 0 2 15:45 0 2 9 2 9 04:00 0 0 0 16:00 0 3 3 04:15 0 0 0 16:15 0 0 0 04:30 0 1 1 16:30 0 0 0 04:45 0 1 2 1 2 16:45 0 1 4 1 4 05:00 0 1 1 17:00 0 1 1 05:15 0 2 2 17:15 0 2 2 05:30 0 1 1 17:30 0 2 2 05:45 0 0 4 0 4 17:45 0 2 7 2 7 06:00 0 0 0 18:00 0 1 1 06:15 0 1 1 18:15 0 0 0 06:30 0 1 1 18:30 0 1 1 06:45 0 1 3 1 3 18:45 0 1 3 1 3 07:00 0 0 0 19:00 0 0 0 07:15 0 0 0 19:15 0 3 3 07:30 0 2 2 19:30 0 2 2 07:45 0 0 2 0 2 19:45 0 0 5 0 5 08:00 0 0 0 20:00 0 1 1 08:15 0 0 0 20:15 0 3 3 08:30 0 2 2 20:30 0 1 1 08:45 0 0 2 0 2 20:45 0 1 6 1 6 09:00 0 0 0 21:00 0 0 0 09:15 0 2 2 21:15 0 0 0 09:30 0 4 4 21:30 0 0 0 09:45 0 2 8 2 8 21:45 0 0 0 10:00 0 0 0 22:00 0 1 1 10:15 0 0 0 22:15 0 0 0 10:30 0 0 0 22:30 0 0 0 10:45 0 1 1 1 1 22:45 0 0 1 0 1 11:00 0 2 2 23:00 0 1 1 11:15 0 1 1 23:15 0 0 0 11:30 0 3 3 23:30 0 0 0 11:45 0 1 7 1 7 23:45 0 0 1 0 1 TOTALS 32 32 TOTALS 51 51 SPLIT % 100.0% 38.6% SPLIT % 100.0% 61.4% DAILY TOTALS NB 58 EB WB Total 0 83 0 0 83 AM Peak Hour AM Pk Volume Pk Hr Factor 09:00 8 0.500 09:00 8 0.500 PM Peak Hour PM Pk Volume Pk Hr Factor 15:15 11 0.917 15:15 11 0.917 7 - 9 Volume 4 4 4 - 6 Volume 11 11 7 - 9 Peak Hour 07:00 07:00 4 - 6 Peak Hour 17:00 17:00 7 - 9 Pk Volume 2 2 4.6PkVolume 7 7 Pk Hr Factor 0.250 0.250 Pk Hr Factor 0.375 0.875 292 of 607 Prepared by NOS/ATO VOLUME Valle Vista Ave N/O 20th St Day: Thursday Date: 7/26/2018 City: National City Project 8: CA18_4273_003 DAILY TOTALS NB 5B EB WB EB WB Total 74 0 74 TOTAL 0 PM Period 1 NB 0 SB AM Period 1 NB SB EB WB [ TOTAL 00:00 0 0 0 12:00 0 0 0 00:15 0 0 0 12:15 0 0 0 00:30 0 0 0 12:30 0 2 2 00:45 0 0 0 12:45 0 2 4 2 4 01:00 0 0 0 13:00 0 1 1 01:15 0 0 0 13:15 0 0 0 01:30 0 0 0 13:30 0 2 2 01:45 0 1 1 1 1 13:45 0 2 5 2 5 02:00 0 0 0 14:00 0 1 1 02:15 0 0 0 14:15 0 3 3 02:30 0 0 0 14:30 0 0 0 02:45 0 0 0 14:45 0 1 5 1 5 03:00 0 1 1 15:00 0 2 2 03:15 0 0 0 15:15 0 1 1 03:30 0 1 1 15:30 0 1 1 03:45 0 2 4 2 4 15:45 0 1 5 1 5 04:00 0 0 0 16:00 0 1 1 04:15 0 0 0 16:15 0 1 1 04:30 0 0 0 16:30 0 0 0 04:45 0 0 0 16:45 0 1 3 1 3 05:00 0 0 0 17:00 0 0 0 05:15 0 2 2 17:15 0 0 0 05:30 0 2 2 17:30 0 1 1 05:45 0 1 5 1 5 17:45 0 1 2 1 2 06:00 0 2 2 18:00 0 0 0 06:15 0 1 1 18:15 0 0 0 06:30 0 2 2 18:30 0 1 1 06:45 0 1 6 1 6 18:45 0 2 3 2 3 07:00 0 2 2 19:00 0 0 0 07:15 0 0 0 19:15 0 0 0 07:30 0 1 1 19:30 0 1 1 07:45 0 2 5 2 5 19:45 0 0 1 0 1 08:00 0 1 1 20:00 0 0 0 08:15 0 1 1 20:15 0 0 0 08:30 0 0 0 20:30 0 0 0 08:45 0 2 4 2 4 20:45 0 2 2 2 2 09:00 0 0 0 21:00 0 2 2 09:15 0 1 1 21:15 0 0 0 09:30 0 0 0 21:30 0 2 2 09:45 0 3 4 3 4 21:45 0 1 5 1 5 10:00 0 1 1 22:00 0 0 0 10:15 0 0 0 22:15 0 0 0 10:30 0 1 1 22:30 0 0 0 10:45 0 0 2 0 2 22:45 0 0 0 11:00 0 2 2 23:00 0 0 0 11:15 0 1 1 23:15 0 1 1 11:30 0 0 0 23:30 0 0 0 11:45 0 4 7 4 7 23:45 0 0 1 0 1 TOTALS 38 38 TOTALS 36 36 SPLIT % 100.0% 51.4% SPLIT % 100.0% 48.6% EB WB DAILY TOTALS NB 5B Total 0 74 0 0 74 AM Peak Hour AM Pk Volume Pk Hr Factor 05:15 7 0.875 05:15 7 0.875 PM Peak Hour PM Pk Volume Pk Hr Factor 13:30 8 0.667 13:30 8 0.667 7.9Volume 9 9 4- 6Volume 5 5 7 - 9 Peak Hour 07:00 07:00 4 - 6 Peak Hour 16:00 16:00 7- 9PkVolume 5 5 4- 6 Pk Volume 3 3 Pk Hr Factor 0.625 0.625 Pk Hr Factor 0.750 0.750 293 of 607 Kimley>»Horn Appendix C — TIMS Crash History kimley-horn.com 401 B Street, Suite 600, San Diego, CA 92101 619-234-9411 294 of 607 9/21/2018 TIMS - Collision Details Collision Details for: Case ID 6509349 Collision Information County City Date & Time (M/D/Y HH:MM) • Location (Intersection) Dist, & Dir, from Intersection State Highway Latidude & Longitude Type of Collision Collision Severity PCF Violation Category Weather Alcohol Involved Parties: 2 Party • Number Party Type ' San Diego National City 06/04/2014 07:55 20th St &Valle Vista 0.00 ft East No 32.67264005, -117.07731005 D - Broadside Motor Vehicle Involved With ; C - Other Motor Vehicle 4 - Injury (Complaint of Pain) Pedestiran Accident ;No 09 - Automobile Right of Way Bicycle Accident No A Clear No 1 1 - Driver (including Hit and Run) 2 Victims: 1 Party Number 2 Map View 1 - Driver (including Hit and Run) Motorcycle Accident No • Truck Accident • No Statewide Vehicle Type • A- Passenger Car/Station • Wagon — Not Stated At Fault . . Party Movement Preceding Direction Collision Yes West B - Proceeding Straight No North B - Proceeding Straight Victim Role Victim Gender ! Victim Age Victim Degree of Injury 2 - Passenger M - Male 5 4 - Complaint of Pain V., L .J eiN 0 https:Mims.berkeley.edu/tools/details/main.php?no=6509349 Gran) Higi 295 of 607 9/21/2018 TIMS - Collision Details Google Japanese Tea and Haiku Street View E nth gt el C: r '1,-'U 1 Ill =6 cN i it LY y G e E sttO st w 2001 Valk Vista AVe National City, California View on Google Maps .A 1 N Map data ©2018 Google r L J Repctitla Oreblegle https://tims.berkeley.ed u/tools/details/main. php? n o=6509349 296 of 607 RESOLUTION NO. 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF STOP CONTROL SIGNS FOR THE NORTHBOUND AND SOUTHBOUND TRAFFIC AT THE "LA SIESTA" WAY AND "VALLE VISTA" AVENUE APPROACHES TO THE INTERSECTION AT EAST 20TH STREET TO ENHANCE SAFETY AT THE INTERSECTION (TSC No. 2018-29) WHEREAS, the City received a request to install Yield or Stop control signs at the intersection of "La Siesta" Way and East 20th Street to enhance safety at the intersection; and WHEREAS, staff visited the site and confirmed that currently the intersection of "La Siesta" Way and East 20th Street does not have signed or marked control, and also noted that the adjacent intersection of "Valle Vista" Avenue and 20th Street located two (2) blocks east of "La Siesta" Way does not have signed or marked control; and WHEREAS, Engineering staff authorized Kimley-Horn & Associates to perform a traffic analysis of the two intersections to determine if they warranted yield control, two-way stop control, or all -way stop control, consistent with the guidelines provided in the California Manual on Uniform Traffic Control Devices; and WHEREAS, at the October 10, 2018 Traffic Safety Committee meeting, staff presented the results of the site evaluation and traffic analysis performed by Kimley-Horn & Associates that support installation of Stop control signs for the northbound and southbound "La Siesta" Way and "Valle Vista" Avenue approaches to the intersection at East 20th Street; and WHEREAS, the Traffic Safety Committee voted to approve the staff recommendation for the following traffic safety enhancements: 1. Install Stop control signs with 25 feet of red curb "No Parking" and 50 feet of double -yellow centerline for the northbound and southbound "La Siesta" Way approaches to the intersection at East 20th Street; and 2. Install Stop control signs with 25 feet of red curb "No Parking" and 50 feet of double -yellow centerline for the northbound and southbound "Valley Vista" Avenue approaches to the intersection at East 20th Street. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the following traffic safety enhancements: 1. Install Stop control signs with 25 feet of red curb "No Parking" and 50 feet of double -yellow centerline for the northbound and southbound "La Siesta" Way approaches to the intersection at East 20th Street; and 2. Install Stop control signs with 25 feet of red curb "No Parking" and 50 feet of double -yellow centerline for the northbound and southbound "Valley Vista" Avenue approaches to the intersection at East 20th Street. [Signature Page to Follow] 297 of 607 Resolution No. 2018 — Page Two PASSED and ADOPTED this 20th day of November, 2018. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 298 of 607 CC/CDC-HA Agenda 11/20/2018 — Page 299 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 Stop control signs for the northbound "B" Avenue and "C" Avenue approaches to the intersection at E. 27th Street to enhance safety at the intersection (TSC No. 2018-30). (Engineering/Public Works) Please scroll down to view the backup material. 299 of 607 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 20, 2018 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of Stop control signs for the northbound "B" Avenue and "C" Avenue approaches to the intersection with E. 27th Street in order to enhance safety at the intersection (TSC No. 2018-30). PREPARED BY: Luca Zappiello, Junior Engineer — Civil PHONE: 619-336-4360 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt a Resolution authorizing installation of Stop control signs for the northbound "B" Avenue and "C" Avenue approaches to the intersection with E. 27th Street in order to enhance safety at the intersection. BOARD / COMMISSION RECOMMENDATION: At their meeting on October 10, 2018, the Traffic Safety Committee approved staff's recommendation to install Stop control signs for the northbound "B" Ave and "C" Ave approaches to the intersection with E. 27th Street ATTACHMENTS: 1. Explanation w/ Exhibit 2. Staff Report to the Traffic Safety Committee on October 10, 2018 (TSC No. 2018-30) 3. Resolution 'inn of FO7 1 EXPLANATION An area resident has requested to install Yield or Stop control signs at the intersections of "B" Avenue and E. 27th Street, "C" Avenue and E. 27th Street in order to enhance safety at the intersection. Staff visited the site and confirmed that the intersections of "B" Avenue and E. 27th Street, and "C" Avenue and E. 27th Street are "T" intersections. Staff also confirmed that currently both of the intersections do not have signed or marked control. E. 27th Street is a 2-lane local roadway with parking on both sides of the street and a posted speed limit of 25 mph. "B" Avenue and "C" Avenue are each 2-lane local roadways with on -street parking. "B" Avenue spans one block south of E. 27th Street, from E. 27th Street to E. 28th Street. "C" Avenue ends in a cul-de-sac to the south of E. 27th Street. Staff recommends the installation of Stop Control signs for the minor street approaches to both "T" intersections to better inform drivers of their responsibility to yield the right of way to traffic on E. 27th Street. This item was presented to the Traffic Safety Committee on October 10, 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. Staff presented the results of the site evaluation and after discussion, the Traffic Safety Committee voted to approve staffs recommendation for the following traffic safety enhancements: 1. Install a Stop control sign with 25 feet of red curb "No Parking" and 50 feet of double -yellow centerline for the northbound "B" Ave approach to the intersection with E. 27th Street; 2. Install a Stop control sign with 25 feet of red curb "No Parking" and 50 feet of double -yellow centerline for the northbound "C" Avenue approach to the intersection with E. 27th Street. If approved by City Council, all work will be performed by City Public Works. 301 of 607 Location Map with Recommended Enhancements (TSC Item: 2018-30) 25' of proposed Red Curb "No Parking" & 50' of proposed double -yellow centerline 25' of proposed Red Curb "No Parking" & 50' of proposed double -yellow centerline 302 of 607 ITEM TITLE: 4 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR OCTOBER 10, 2018 REQUEST TO INSTALL STOP CONTROL SIGNS FOR THE NORTHBOUND "B" AVENUE AND "C" AVENUE APPROACHES TO THE INTERSECTION WITH E. 27TH STREET IN ORDER TO ENHANCE SAFETY AT THE INTERSECTION. PREPARED BY: Luca Zappiello, Junior Engineer - Civil Engineering & Public Works Department DISCUSSION: An area resident has requested to install Yield or Stop control signs at the intersections of "B" Avenue and E. 27th Street, "C" Avenue and E. 27th Street in order to enhance safety at the intersection. Staff visited the site and confirmed that the intersections of "B" Avenue and E. 27th Street, "C" Avenue and E. 27th Street are "T" intersections. Staff also confirmed that currently both of the intersections do not have signed or marked control. E. 27th Street is a 2-lane local roadway with parking on both sides of the street and a posted speed limit of 25 mph. "B" Avenue and "C" Avenue are each 2-lane local roadways with on -street parking. "La Siesta" Way spans one block south of E. 27th Street, from E. 27th Street to E. 28th Street. "Valle Vista" Avenue ends in a cul-de-sac on the south of E. 20th Street. Staff recommends the installation of a Stop Control sign at the two "T" intersections since vehicles travelling on the minor streets must make a complete stop before attempting to enter onto the major streets that have the right of way. STAFF RECOMMENDATION: Staff recommends the following traffic safety enhancements at the intersections of "B" Avenue and E. 27th Street, "C" Avenue and E. 27th Street: 1. Install one Stop control sign on "B" Avenue on the south side of E. 27' Street; 2. Install one Stop control sign on "C" Avenue on the south side of E. 27" Street; 3. Install 20 feet of red curb "No Parking" on "B" Avenue on the south side of E. 27' Street. This will result in the loss of one (1) on -street parallel parking space; 4. Install 20 feet of red curb "No Parking" on "C" Avenue on the south side of E. 27" Street. This will result in the loss of one (1) on -street parallel parking space; 5. Install 50 feet of double -yellow centerline on "B" Avenue on the south side of E. 27" Street; 6. Install 50 feet of double -yellow centerline on "C" Avenue on the south side of E. 27" Street; 303 of 607 EXHIBITS: 1. Correspondence; 2. Public Notice; 3. Location Map; 4. Photos. 2018-30 304 of 607 PUBLIC REQUEST FORM Name: Anonymous Address: Phone: Email: Location: Intersection at 27th St & "B" Ave and E 27th St & "C" Ave Request: Area residents brought a safety concern to City Engineering staff at the intersection at 27th St & "B" Ave and E 27th St & "C" Ave Attachments: Yes No Description: Request Received By: L. Zappiello Date: July 6, 2018 Received via: V Counter/In-Person Assigned To: L.Zappiello Telephone Email Fax Referral: Notes: 305 of 607 October 4, 2018 Resident/Property Owner CALIFORNIA —4- NATIONAL CCM ZNCORJ .I �D _J Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2018-30 REQUEST TO INSTALL STOP CONTROL SIGNS FOR THE NORTHBOUND "B" AVENUE AND "C" AVENUE APPROACHES TO THE INTERSECTION WITH E. 27TH STREET IN ORDER TO ENHANCE SAFETY 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, October 10, 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 2018-30. Sincerely, Stephen Manganiello City Engineer SM:lz Enclosure: Location Map 2018-30 1234 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 engineering@nationalcityca.gov 306 of 607 Location Map with Recommended Enhancements (TSC Item: 2018-30) 25' of proposed Red Curb "No Parking' & 50' of proposed double -yellow centerline 25' of proposed Red Curb "No Parking" & 50' of proposed double -yellow centerline 307 of 607 Request to install Stop Control sign on "B" Avenue on the south side of E 27th Street (looking north) Request to install Stop Control sign on "C" Avenue on the south side of E 27th Street (looking north) 308 of 607 RESOLUTION NO. 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF STOP CONTROL SIGNS FOR THE NORTHBOUND "B" AVENUE AND "C" AVENUE APPROACHES TO THE INTERSECTION AT EAST 27TH STREET TO ENHANCE SAFETY AT THE INTERSECTION (TSC No. 2018-30) WHEREAS, an area resident has requested the installation of Yield or Stop control signs at the intersections of "B" Avenue and East 27th Street, and "C" Avenue and East 27th Street to enhance safety at the intersection; and WHEREAS, Staff visited the site and confirmed that the intersections of "B" Avenue and East 27th Street, and "C" Avenue and East 27th Street are "T" intersections and currently neither of the intersections have signed or marked control; and WHEREAS, staff recommends the installation of Stop Control signs for the minor street approaches to both "T" intersections to better inform drivers of their responsibility to yield the right of way to traffic on East 27'h Street; and WHEREAS, at its meeting on October 10, 2018, the Traffic Safety Committee approved staff's recommendation for the following traffic safety enhancements: 1. Install a Stop control sign with 25 feet of red curb "No Parking" and 50 feet of double -yellow centerline for the northbound "B" Avenue approach to the intersection at East 27th Street; and Install a Stop control sign with 25 feet of red curb "No Parking" and 50 feet of double -yellow centerline for the northbound "C" Avenue approach to the intersection at East 27th Street. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the following traffic safety enhancements: 1. Install a Stop control sign with 25 feet of red curb "No Parking" and 50 feet of double -yellow centerline for the northbound `B" Avenue approach to the intersection at East 27th Street; and 2. Install a Stop control sign with 25 feet of red curb "No Parking" and 50 feet of double -yellow centerline for the northbound "C" Avenue approach to the intersection at East 27th Street. [Signature Page to Follow] 309 of 607 Resolution No. 2018 — Page Two PASSED and ADOPTED this 20th day of November, 2018. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 310 of 607 CC/CDC-HA Agenda 11/20/2018 — Page 311 The following page(s) contain the backup material for Agenda Item: National City Sales Tax Update Newsletter - Second Quarter 2018. (Finance) Please scroll down to view the backup material. 311 of 607 National City In Brief lational City's receipts from April through June were 1.7% below the second sales period in 2017 though the decline was the result of the State's transition to a new software and reporting system that caused a delay in processing thousands of payments statewide. Sizable lo- cal allocations remain outstanding, particularly for family apparel mer- chants, service stations and busi- ness -industrial suppliers. Excluding reporting aberrations, actual sales were up 3.4%. The building -construction group has been one of the City's standout leaders over the past two years. Re- ceipts continued to surge this quar- ter, growing 16% over the preceding year. The new car market has been chal- lenged by rising financing rates, which has decreased affordability. Sales at National City auto deal- ers were down 3% compared to a countywide average decrease of 2%. The City's voter approved one -cent transaction tax, Measure D, provid- ed an additional $2,840,000 to the amounts previously discussed. Net of aberrations, taxable sales for all of San Diego County grew 0.9% over the comparable time pe- riod; the Southern California region was up 1.0%. CALIFORNIA NATIONAL CITY 1,(701ir..nAr.0 a National City Sales Tax Update Third Quarter Receipts for Second Quarter Sales (April - June 2018) 116. SALES TAX BY MAJOR BUSINESS GROUP $1,800,000 $1,600,000 $1,400,000 $1,200,000 $1,000,000 $800.000 $600.000 $400.000 $200.000 $o Autos and Transportation General Consumer Goods i County and State Pools TOP 25 PRODUCERS IN ALPHABETICAL ORDER Arco AM PM Denny's Frank Hyundai Frank Subaru Frank Toyota Scion Honda Acura Mitsu Suzuki & Kia Honda Lease Trust Hyundai Lease Titling Trust JC Penney Macys Mossy Nissan National City Auto Center Nordstrom Rack Perry Chrysler Dodge Jeep Ram Perry Ford Probuild Company Ron Baker Chevrolet South Bay Volkswagen South County Buick GMC T Mobile Target Toys R Us USA Gasoline Walmart Supercenter Westair Gases & Equipment ■ 2nd Quarter 2017 ■ 2nd Quarter 2018 Al • -III Restaurants Building and and Hotels Construction Fuel and Service Stations Business and Industry Food and Drugs REVENUE COMPARISON Four Quarters — Fiscal Year To Date (Q3 to Q2) 2016-17 2017-18 Point -of -Sale $15,760,368 $15,500,435 County Pool 2,431,769 2,388,723 State Pool 8,924 8,888 Gross Receipts $18,201,061 $17,898,046 Measure D $11,163,296 $11,467,845 Published by HdL Companies in Fall 2018 www.hdlcompanies.com 1888.861.0220 Q2 2018 National City Sales Tax Update California Overall Local Government cash receipts from April through June sales dropped 10.1% from the same quarter one year ago due to implementation issues with CDFTA's new tax reporting software system. The results were further skewed by the State's attempt to offset the resulting shortages by advancing tax revenues that it estimates will be generated next quarter. After reviewing unprocessed returns and approximating the full amounts of partial payments, HdL estimates that once all returns are properly processed and the data adjusted to reflect actual quarter receipts, statewide local sales and use tax revenues will be 1.6% higher than second quarter 2017. Sales of building and construction materials, jet fuel and online shop- ping appear to have been the primary drivers of statewide growth during the second quarter. Auto sales leveled off as previously anticipated, although receipts from auto leases continued to show substantial gains. Online fulfillment centers and value themed apparel stores were the primary gainers within the general consumer goods group. Business -industrial purchases were slightly lower than previous quarters with declines in new energy projects being a major factor. Regionally, the San Francisco Bay area and the Sacramento and San Joaquin Valley areas outperformed the rest of the state. Tariff Policies and Sales Tax Tariffs are becoming a key element of the federal government's international trade strategy with additional duties of 10% announced for the end of the third quarter, rising to 25% by the end of 2018. Despite the current debates, analysts be- lieve that the impact on prices and sales will be minimal through the remainder of 2018-19 as most major retailers have already imported their inventory for the holiday season and are attempting to rush spring inventories through customs ahead of the new 5% rates. Many man- ufacturers have managed to avoid rais- ing prices by absorbing the costs of the initial first round of tariffs on metals, machinery and components. On the down side, small retailers without the power to lock in prices may be placed at a competitive disadvantage and contrac- tors are beginning to require escalation clauses in contracts to cover potential cost increases on long range projects. The key concern for analysts project- ing 2019-20 tax revenues will be how the federal government refines its trade policies and the impact on sales and use tax revenues. Although higher prices generate more sales tax from individual purchases, they also potentially reduce the number of purchases, particularly in an environment where rising housing, education and health care costs compete for a significant portion of discretionary income. Proponents of rising tariffs argue that the rising strength of the U.S. dollar will offset the impact of tariff related price increases on consumers. Opponents worry that the stronger dollar and the announced $5.6 billion in retaliatory tariffs on California exports will neg- atively impact both the affected com- panies' job base and capital investment in supplies, equipment and expansion opportunities. SALES PER CAPITA $8,000 $6,000 $4,000 $2,000 $0 Q2 15 National City Q2 16 County Q2 17 Q2 18 California EVENUE BY BUSINESS GROUP National City This Quarter Autos/Trans. 37% Building 7% Others 10% Cons.Goods 21% Restaurants 11% NATIONAL CITY TOP 15 BUSINESS TYPES *In thousands of dollars Business Type Auto Lease Building Materials Casual Dining Department Stores Discount Dept Stores Drugs/Chemicals Electronics/Appliance Stores Family Apparel New Motor Vehicle Dealers Quick -Service Restaurants Service Stations Shoe Stores Specialty Stores Used Automotive Dealers Women's Apparel Total All Accounts County & State Pool Allocation Gross Receipts National City County HdL State Q2 '18* Change Change Change 179.8 28.5% 67.8% 60.9% - CONFIDENTIAL - -25.3% -23.2% 184.8 6.6% -9.6% -12.6% 177.2 19.7% 23.6% 12.7% CONFIDENTIAL- -12.0% -13.5% CONFIDENTIAL- -12.7% -27.5% 99.6 7.0% -3.1%-5.1°1° 110.7 -43.7% -28.5% -27.2% 1,224.9 -3.0% -5.9% -1.9% 256.3 4.1 % -5.2% -5.8% 162.1 -7.9% -31.9% -26.4% 71.3 10.7% -7.4% -3.3% 123.0 15.8% 3.9% -4.6% 113.5 0.8% -37.5% -41.5% 63.0 -17.1% -13.2% -12.8% 3,853.8 -4.0% -12.3% -12.2% 631.1 14.9% 4.9% 5.5% 4,484.9 -1.7% -10.3% Pools 14% 411 313 of 607 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 20, 2018 AGENDA ITEM NO.: ITEM TITLE: National City Sales Tax Update Newsletter — Second Quarter 2018 PREPARED BY: Yen Kelly, Budget Analyst DEPARTMENT: Finance PHONE: 619-336-4332 APPROVED BY: L .a Xe EXPLANATION: National City has an ongoing contract with Hinderliter, de Llamas & Associates (HdL) to provide sales tax consulting/auditing services. Staff meets quarterly with a representative of HdL to review sales tax results and trends within the City and State-wide. Attached is the "National City Sales Tax Update" newsletter for the second quarter of fiscal year 2018, which summarizes sales tax data for the period. FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: `014XeziGe FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Accept and file the report. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: National City Sales Tax Update Newsletter —Second Quarter 2018 314 of 607 CC/CDC-HA Agenda 11/20/2018 — Page 315 The following page(s) contain the backup material for Agenda Item: Warrant Register #13 for the period of 09/19/18 through 09/25/18 in the amount of $2,140,962.89. (Finance) Please scroll down to view the backup material. 315 of 607 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 20, 2018 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #13 for the period of 09/19/18 through 09/25/18 in the amount of $2,140,962.89. (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 09/19/18 through 09/25/18. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation AMERESCO Inc Audio Associates San DiegoGas & Electric SDG&E Southwest Signal Service Overland Pacific & Cutter Public Emp Ret System 337120 337122 337185 337188 337194 168261 9192018 119,068.18 67,982.95 62,392.00 74,182.54 56,354.66 80,087.00 243,477.14 Energy Services Aug 2018 Audio/Video Equipment — Aug Las Palmas Pool & Rec Center Gas & Electric Utilities — Eng High -Voltage Damage to Signal Relocation Payment 302 W 19th St Service Period 08/14/18 — 08/27/18 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $2,140,962.89. APPROVED: Lai* Xeztu 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 $2,140,962.89 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 13 '-A1 R of Fn 7 CALIFORNIAF__ PAYEE DATA TICKET INC DREAMS FOR CHANGE ESGIL CORPORATION LASER SAVER INC LINCOLN AQUATICS MAZZARELLA & MAZZARELLA LLP SMART SOURCE OF CALIFORNIA LLC STAPLES BUSINESS ADVANTAGE THE HELMET CENTER LLC THE STAR NEWS T'S & SIGNS U S BANK U S BANK EATON 1903 SOLUTIONS LLC ADMINSURE INC AIRGAS WEST ALLSTATE PAYMENT PROCESSING AMERESCO INC AT&T AUDIO ASSOCIATES BEST BEST & KRIEGER ATTNY LAW BJ'S RENTALS INC BLUE PACIFIC ENGINEERING BOOT WORLD CALIFORNIA COMMERCIAL SECURITY CALIFORNIA ELECTRIC SUPPLY CANON SOLUTIONS AMERICA INC. CARTEGRAPH SYSTEMS INC CASAS, LAURA CHRISTENSEN & SPATH LLP CLAIMS MANAGEMENT ASSOCIATES CLAIMS RESOURCE SERVICES CLEAN HARBORS ENVIRONMENTAL CLF WAREHOUSE INC COLANTUONO HIGHSMITH COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTYWIDE MECHANICAL COX COMMUNICATIONS DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DANIELS TIRE SERVICE NATIONAL CI?? ?ATCORPQRAT813 . WARRANT REGISTER # 13 9/25/2018 DESCRIPTION DATA TICKET PARKING ENF/ MAY DEPOSIT RETURN FOR BANNER PERMIT PLAN CHECKS, INSP: BUILDING TONER CARTRIDGES ONE TIME USE WRISTBANDS FOR SENIOR CENTER LEGAL SERVICES - AMORTIZATION - INVOICE MOP 63845 SMART SOURCE - BUSINESS CARDS MOP 45704 - STAPLES - OFFICE SUPPLIES MOTO HELMET PUBLIC NOTICING - STAR NEWS T-SHIRTS FOR MISS NATIONAL CITY CONTEST CREDIT CARD EXPENSES / POLICE CREDIT CARD EXPENSES / CSD TRANSLATION SERVICES JUL 21 - JUL 24 201 FORTINET RENEWAL 8/30/18 - 8/29/19 AGREEMENT TO PROVIDE MONTHLY SERVICES MOP 45714 GENERAL SUPPLIES - PW LIABILITY CLAIM COST ENERGY SERVICES AUG. 2018 AT&T SBC PHONE SERVICE FOR AUGUST AUDIONIDEO EQUIPMENT- - AUGUST REGIONAL PERMIT PETITION TRACK TRENCHER LINCOLN ACRES RAISED SIDEWALK MOP 64096 SAFETY APPAREL - PW MOP 45754 GENERAL SUPPLIES - PW MOP 45698 ELECTRIC SUPPLIES - PW TONER FOR PRINTER / ENGINEERING CDP PARTNER HOSTING COUNCIL MEETING TRANSLATION 9/18/18 PROFESSIONAL SERVICES PROFESSIONAL SERVICES LIABILITY CLAIM COST CONTRACT SERVICES MOP 80331 AUTO SUPPLIES - PW LIABILITY CLAIM COST 2333 EUCLID AVE/FIRE STA #31 PERMIT RENEWAL MAIL PROCESSING SERVICES FOR JUL 2018 HVAC MAINTENANCE AND REPAIR COX DATA VIDEO SERVICES FY19 - SEPTEMBER LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST MOP 76986 AUTO SUPPLIES - PW CHK NO DATE AMOUNT 337101 9/25/18 3,254.13 337102 9/25/18 1,975.00 337103 9/25/18 4,581.25 337104 9/25/18 426.08 337105 9/25/18 151.14 337106 9/25/18 4,785.34 337108 9/25/18 36.98 337109 9/25/18 161.32 337110 9/25/18 735.17 337111 9/25/18 533.00 337112 9/25/18 65.25 337113 9/25/18 2,523.34 337114 9/25/18 294.14 337115 9/25/18 560.00 337116 9/25/18 6,916.50 337117 9/25/18 7,396.66 337118 9/25/18 99.09 337119 9/25/18 1,251.03 337120 9/25/18 119,068.18 337121 9/25/18 7,399.78 337122 9/25/18 67,982.95 337123 9/25/18 79.50 337124 9/25/18 437.70 337125 9/25/18 3,325.00 337126 9/25/18 500.00 337127 9/25/18 109.83 337128 9/25/18 391.00 337129 9/25/18 50.00 337130 9/25/18 39,600.00 337131 9/25/18 300.00 337132 9/25/18 1,012.50 337133 9/25/18 6,570.00 337134 9/25/18 606.05 337135 9/25/18 1,067.23 337136 9/25/18 128.06 337137 9/25/18 39.56 337138 9/25/18 1,250.00 337139 9/25/18 1,801.69 337140 9/25/18 21,984.44 337141 9/25/18 4,399.15 337142 9/25/18 23,353.62 337143 9/25/18 3,619.50 337144 9/25/18 1,663.40 337145 9/25/18 1,237.06 337146 9/25/18 613.90 337147 9/25/18 144.86 1/3 317 of 607 CALIFORNIA+�__ PAYEE DE LAGE LANDEN DELL MARKETING L P DISCOUNT SPECIALTY CHEMICALS EISER III, G FACTORY MOTOR PARTS FEDEX FERGUSON ENTERPRISES 1350 FIRE ETC GEORGE H WATERS NUTRITION CTR GRAINGER HOME DEPOT CREDIT SERVICES HUB CONSTRUCTION HUNTER'S NURSERY INC HUTCHINSON IRON MOUNTAIN LASER SAVER INC LOPEZ, J LOPEZ, TERESA YOLANDA LOZANO SMITH LLP MAINTEX INC MASON'S SAW MCDOUGAL LOVE ECKIS MEYERS NAVE NAPA AUTO PARTS NATIONAL CITY TROPHY NGUOI VIET TODAY NEWS O'REILLY AUTO PARTS OVERLAND PACIFIC & CUTLER LLC PACIFIC TRUCK EQUIPMENT INC PARTS AUTHORITY METRO LLC PARTS AUTHORITY METRO LLC PENSKE FORD POWERSTRIDE BATTERY CO INC PRO BUILD PRUDENTIAL OVERALL SUPPLY ROBERSON, R SAM'S ALIGNMENT SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO UNION TRIBUNE SDG&E SHARP REES STEALY MED GROUP SITEONE LANDSCAPE SUPPLY LLC SMART & FINAL SONSRAY MACHINERY LLC SOUTHERN CALIF TRUCK STOP NATIONAL CI?? ?ATCORPQRAT813 . WARRANT REGISTER # 13 9/25/2018 DESCRIPTION LEASE 20 SHARP COPIERS - SEPTEMBER DELL OPTIPLEX 3050 RUTHLESS PAINT REMOVER PROFESSIONAL SERVICES MOP 82766 AUTO SUPPLIES - PW CONTRACT SERVICES MOP 45723 GENERAL SUPPLIES - PW FIELD SERVICE KIT NEIGHBORHOOD COUNCIL BREAKFAST/SEPT 18' ICE MAKER MACHINE GENERAL SUPPLIES - BUILDING SQWINCHER FRUTPNCH 2.5GAL MOP 45719 LANDSCAPE SUPPLIES - PW TRAVEL REIMBURSEMENT / ENG RECORD MANAGEMENT AND STORAGE MOP 45725 HP CARTRIDGE - CITY CLERK TRAVEL REIMBURSEMENT / ENG CITY COUNCIL MTG TRANSLATION 9/04/18 LEGAL SERVICES -INVESTIGATION "B" CITY WIDE JANITORIAL SUPPLIES KOMBI SYSTEM POWER HEAD LIABILITY CLAIM COST LABOR RELATIONS & NEGOTIATIONS SERVICES MOP 45735 EQUIPMENT SUPPLIES - PW MOP #66556/EMPLOYEE OF THE QUARTER/HR NOTICE OF ELECTION NOMINEES VIETNAMESE MOP 75877 AUTO SUPPLIES - PW PARADISE CREEK PARK PROJECT RELOCATION RECESSED BUMPER IN AGRENT GRAY MOP 75943 AUTO SUPPLIES - PW MOP 45943 AUTO SUPPLIES - PW R&M CITY VEHICLES FY 2019 MOP 67839 AUTO SUPPLIES - PW MOP 45707 GENERAL SUPPLIES - PW MOP 45742 LAUNDRY SERVICES - PW TRAVEL REIMBURSEMENT / ENG WHEEL ALIGNMENT SERVICE FOR CITY LAS PALMAS POOL AND REC CENTER -ENG 1202 1/2 HIGHLAND AVE - ENG LAS PALMAS STORM DRAIN GAS & ELECTRIC UTILITIES - PW DMV EXAM MOP 69277 LANDSCAPE SUPPLIES - PW MOP 45756 SNACKS CASA DE SALUD - COMM SVCS CONDENSER FOR STREET / PW MOP 45758 AUTO SERVICES - PW CHK NO DATE AMOUNT 337148 9/25/18 2,939.63 337149 9/25/18 13,062.99 337150 9/25/18 419.20 337151 9/25/18 5,915.00 337152 9/25/18 82.68 337153 9/25/18 78.96 337154 9/25/18 1,007.97 337155 9/25/18 864.41 337156 9/25/18 1,700.00 337157 9/25/18 6,099.33 337158 9/25/18 166.62 337159 9/25/18 40.80 337160 9/25/18 128.49 337161 9/25/18 28.61 337162 9/25/18 185.40 337163 9/25/18 260.89 337164 9/25/18 34.65 337165 9/25/18 160.00 337166 9/25/18 279.78 337167 9/25/18 1,473.96 337168 9/25/18 1,540.21 337169 9/25/18 2,499.69 337170 9/25/18 4,906.30 337171 9/25/18 30.83 337172 9/25/18 492.64 337173 9/25/18 30.00 337174 9/25/18 29.10 337175 9/25/18 6,208.75 337176 9/25/18 686.56 337177 9/25/18 526.01 337178 9/25/18 109.51 337179 9/25/18 1,304.68 337180 9/25/18 344.95 337181 9/25/18 3,996.94 337182 9/25/18 816.15 337183 9/25/18 41.44 337184 9/25/18 60.00 337185 9/25/18 62,392.00 337186 9/25/18 553.00 337187 9/25/18 756.40 337188 9/25/18 74,182.54 337189 9/25/18 110.00 337190 9/25/18 1,471.58 337191 9/25/18 70.93 337192 9/25/18 358.00 337193 9/25/18 358.21 2/3 318 of 607 CALIFORNIAF__ PAYEE SOUTHWEST SIGNAL SERVICE STAPLES BUSINESS ADVANTAGE STAPLES BUSINESS ADVANTAGE STARTECH COMPUTERS STC TRAFFIC SWANK MOTION PICTURES INC SWEETWATER AUTHORITY T MAN TRAFFIC SUPPLY THE FILIPINO PRESS INC THE LAW OFFICE OF HEWGILL THE LIGHTHOUSE INC THE SHERWIN WILLIAMS CO THE STAR NEWS TOPECO PRODUCTS T'S & SIGNS TSC GROUP INC TURF STAR INC U S BANK UNDERGROUND SERVICE ALERT VALLEY INDUSTRIAL SPECIALTIES VERIZON WIRELESS VISTA PAINT WAXIE SANITARY SUPPLY WEST PAYMENT CENTER WESTFLEX INDUSTRIAL WETMORES WILLY'S ELECTRONIC SUPPLY WIRED PAYMENTS OVERLAND PACIFIC & CUTLER LLC PUBLIC EMP RETIREMENT SYSTEM PAYROLL Pay period Start Date 20 9/11/2018 NATIONAL tarry ?NCORPQRAT8D . WARRANT REGISTER # 13 9/25/2018 DESCRIPTION HIGH -VOLTAGE DAMAGE TO SIGNAL MOP 45704 OFFICE SUPPLIES/ENG. MOP 45704 / OFFICE SUPPLIES / CMO MOP #61744/COMPUTER SUPPLIES/MIS SEWER CIP PROJECT SUMMER MOVIES IN THE PARK - COMM SVCS FACILITIES DIVISION WATER UTILITIES MOP 76666 TRAFFIC SUPPLIES - PW NOTICE OF ELECTION NOMINEES TAGALOG LIABILITY CLAIM COST LED LIGHTHEAD MOP 77816 PAINT SUPPLIES / NSD ADVERTISING NOTICES NOV 06, 2018 MOP 63849 AUTO SUPPLIES - PW VOLUNTEER RECOGNITION DINNER/COMM SVCS LEASE STATION #33 AIR CLEANER COVERS SUBSCRIPTIONS / TRAINING NATO1 NEW TICKET CHARGES MOP 46453 GENERAL SUPPLIES - PW VERIZON CELLULAR SERVICES AUGUST MOP 68834 TRAFFIC PAINT - PW MISCELLANEOUS JANITORIAL SUPPLIES BOOKS MOP 63850 AUTO SUPPLIES - PW MOP 80333 AUTO SUPPLIES - PW MOP 45763 ELECTRIC SUPPLIES - PW RELOCATION PAYMENT FOR 302 W 19TH ST SERVICE PERIOD 08/14/18 - 08/27/18 End Date 9/24/2018 Check Date 10/3/2018 CHK NO DATE AMOUNT 337194 9/25/18 56,354.66 337195 9/25/18 662.22 337196 9/25/18 848.19 337197 9/25/18 630.55 337198 9/25/18 1,552.50 337199 9/25/18 435.00 337200 9/25/18 1,190.31 337201 9/25/18 494.81 337202 9/25/18 40.00 337203 9/25/18 20,000.00 337204 9/25/18 1,104.96 337205 9/25/18 399.70 337206 9/25/18 69.19 337207 9/25/18 154.94 337208 9/25/18 38.06 337209 9/25/18 2,533.06 337210 9/25/18 318.17 337211 9/25/18 100.96 337212 9/25/18 303.70 337213 9/25/18 692.52 337214 9/25/18 956.37 337215 9/25/18 2,826.62 337216 9/25/18 5,348.91 337217 9/25/18 1,023.96 337218 9/25/18 182.04 337219 9/25/18 281.09 337220 9/25/18 211.73 A/P Total 642,040.39 168261 9/24/18 80,087.00 9192018 9/19/18 243,477.14 1,175,358.36 GRAND TOTAL $ 2,140,962.89 3/3 319 of 607 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK ROBERTS, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALBERT MENDIVIL, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER JERRY CANO, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 20TH OF NOVEMBER 2018. AYES NAYS ABSENT 320 of 607 CC/CDC-HA Agenda 11/20/2018 — Page 321 The following page(s) contain the backup material for Agenda Item: Warrant Register #14 for the period of 09/26/18 through 10/02/18 in the amount of $1,568,564.85. (Finance) Please scroll down to view the backup material. 321 of 607 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 20, 2018 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #14 for the period of 09/26/18 through 10/02/18 in the amount of $1,568,564.85. (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 09/26/18 through 10/02/18. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation City of San Diego 337251 58,083.00 Fire Dispatching Public Emp Ret System 10022018 239,788.23 Service Period 08/28/18-09/10/18 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $1,568,564.85. APPROVED: `�/y% XG� 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 $1,568,564.85 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 14 322 of 607 CALIFORNIA+�__ PAYEE ALL THE KINGS FLAGS AMERICAN PLANNING ASSOCIATION ARMIDA ALDARA DE LASROSA CALIFA GROUP CHRISTENSEN & SPATH LLP COUNTY OF SAN DIEGO NATIONAL EMBLEM INC PRUDENTIAL OVERALL SUPPLY SANCHEZ, VICTOR THE PUN GROUP LLP ACE UNIFORMS & ACCESSORIES INC ACEDO, I ADAMSON POLICE PRODUCTS ALDEMCO ANDERSON, E AT&T AYDELOTTE, D BEARD, P BECK, L BEST BEST & KRIEGER ATTNY LAW BISHOP, R BOEGLER, C BOGLE, J BULL, P CAL UNIFORMS INC CALIFORNIA ASSOCIATION CALLYO 2009 CORP CARRILLO, R CAVENAUGH & ASSOCIATES CIRCULATE SAN DIEGO CITY OF SAN DIEGO COLE, L COLLINSON, C COMPUTER PROTECTION TECH INC CONDON, D CORDERO, E CORPUZ, T CULLIGAN OF SAN DIEGO DANESHFAR, Z DEPARTMENT OF JUSTICE DESROCHERS, P DI CERCHIO, A DIAZ, M DILLARD, S DOKKEN ENGINEERING DOUGHERTY, J DREDGE, J NATIONAL CI?? ?ATCORPQRAT8D . WARRANT REGISTER # 14 10/2/2018 DESCRIPTION CITY WIDE FLAGS / PW 337221 AMERICAN PLANNING ASSOCIATION CONFERENCE 337222 REFUND / VIOLATION DISMISSED CENIC BROADBAND - LIBRARY PROFESSIONAL SERVICE - WITOD WITOD PROJECT INV 379596 - HASHMARKS / POLICE MOP# 45742. LAUNDRY SERVICES / PARKS FEE REFUND, BUILDING INDEPENDENT AUDITING SERVICES / FINANCE UNIFORM ANDERSON MARIOTA RETIREE HEALTH BENEFIT OCT 2018 VEST CARRIER HERNANDEZ FOOD - NUTRITION CENTER RETIREE HEALTH BENEFIT OCT 2018 AT&T SBC PHONE SERVICE SEPTEMBER TRAINING ADV SUP POST SLI/AYDELOTTE RETIREE HEALTH BENEFIT OCT 2018 RETIREE HEALTH BENEFIT OCT 2018 PERSONNEL MATTER RETIREE HEALTH BENEFIT OCT 2018 RETIREE HEALTH BENEFIT OCT 2018 REIMBURSEMENT: TRAVEL EXPENSES RETIREE HEALTH BENEFIT OCT 2018 NAMETAGS CACEO CERTIFICATION EXAM ./ NSD CALLYO 12 MO SERVICE RETIREE HEALTH BENEFIT OCT 2018 TRAINING TUITION DUI/LOPEZ R INTRA-CONNECT FIRE DISPATCHING RETIREE HEALTH BENEFIT OCT 2018 RETIREE HEALTH BENEFIT OCT 2018 PREVENTATIVE MAINTENANCE SERVICE ON RETIREE HEALTH BENEFIT OCT 2018 RETIREE HEALTH BENEFIT OCT 2018 RETIREE HEALTH BENEFIT OCT 2018 WATER SOFTENER FOR STEAMER RETIREE HEALTH BENEFIT OCT 2018 NEW EMPLOYEE FINGERPRINT TEST RESULTS RETIREE HEALTH BENEFIT OCT 2018 RETIREE HEALTH BENEFIT OCT 2018 RETIREE HEALTH BENEFIT OCT 2018 RETIREE HEALTH BENEFIT OCT 2018 PLAZA BLVD. PROJECT TRAINING ADV SUP ROT/DOUGHERTY RETIREE HEALTH BENEFIT OCT 2018 CHK NO DATE AMOUNT 10/2/18 3,531.19 10/2/18 375.00 337223 10/2/18 25.00 337224 10/2/18 4,696.68 337225 10/2/18 956.25 337226 10/2/18 14.00 337227 10/2/18 1,852.35 337228 10/2/18 1,635.28 337229 10/2/18 1,852.20 337230 10/2/18 27,000.00 337231 10/2/18 1,404.87 337232 10/2/18 160.00 337233 10/2/18 76.13 337234 10/2/18 3,071.65 337235 10/2/18 110.00 337236 10/2/18 360.90 337237 10/2/18 384.00 337238 10/2/18 70.00 337239 10/2/18 140.00 337240 10/2/18 1,881.00 337241 10/2/18 110.00 337242 10/2/18 260.00 337243 10/2/18 101.75 337244 10/2/18 580.00 337245 10/2/18 213.00 337246 10/2/18 260.00 337247 10/2/18 2,040.00 337248 10/2/18 290.00 337249 10/2/18 548.00 337250 10/2/18 18,501.62 337251 10/2/18 58,083.00 337252 10/2/18 165.00 337253 10/2/18 420.00 337254 10/2/18 950.00 337255 10/2/18 280.00 337256 10/2/18 520.00 337257 10/2/18 140.00 337258 10/2/18 218.00 337259 10/2/18 250.00 337260 10/2/18 480.00 337261 10/2/18 110.00 337262 10/2/18 70.00 337263 10/2/18 680.00 337264 10/2/18 480.00 337265 10/2/18 2,155.26 337266 10/2/18 512.00 337267 10/2/18 250.00 1/4 323 of 607 CALIFO RNIA F__ NATIONAL CI?? ?ATCORPORAT8D . WARRANT REGISTER # 14 10/2/2018 PAYEE DESCRIPTION CHK NO DATE AMOUNT EISER III, G RETIREE HEALTH BENEFIT OCT 2018 337268 10/2/18 250.00 EPLUS TECHNOLOGY INC THREAT PREVENTION SUBSCRIPTION 337269 10/2/18 22,756.00 ETZLER, J RETIREE HEALTH BENEFIT OCT 2018 337270 10/2/18 460.00 FABINSKI, D RETIREE HEALTH BENEFIT OCT 2018 337271 10/2/18 220.00 FEDEX TESTING MATERIALS FOR POLICE RECRUIT 337272 10/2/18 19.85 FERNANDEZ, R RETIREE HEALTH BENEFIT OCT 2018 337273 10/2/18 270.00 FIFIELD, K RETIREE HEALTH BENEFIT OCT 2018 337274 10/2/18 540.00 GELSKEY, K RETIREE HEALTH BENEFIT OCT 2018 337275 10/2/18 115.00 GEOSYNTEC CONSULTANTS INC 835 BAY MARINA CLOSURE 337276 10/2/18 1,552.50 GIBBS JR, R RETIREE HEALTH BENEFIT OCT 2018 337277 10/2/18 120.00 GONZALES, M RETIREE HEALTH BENEFIT OCT 2018 337278 10/2/18 480.00 GRAINGER MOP GRAINGER PD 337279 10/2/18 31.86 HAMEL, K REIMBURSEMENT: STRIKE TEAM EXPENSES 337280 10/2/18 633.78 HANSON, E RETIREE HEALTH BENEFIT OCT 2018 337281 10/2/18 135.00 HARLAN, M RETIREE HEALTH BENEFIT OCT 2018 337282 10/2/18 500.00 HARRIS & ASSOCIATES INC PARADISE VALLEY CREEK 337283 10/2/18 44,668.72 HAUG, S RETIREE HEALTH BENEFIT OCT 2018 337284 10/2/18 120.00 HERNANDEZ, R RETIREE HEALTH BENEFIT OCT 2018 337285 10/2/18 400.00 HODGES, B RETIREE HEALTH BENEFIT OCT 2018 337286 10/2/18 200.00 IBARRA, J RETIREE HEALTH BENEFIT OCT 2018 337287 10/2/18 780.00 IDEMIA IDENTITY & SECURITY USA NEW EMPLOYEE FINGERPRINT TEST SUBMISSION 337288 10/2/18 30.00 INNOVATIVE CONSTRUCTION CITYWIDE PED. MIDBLOCK 337289 10/2/18 24,531.00 JAMES, R RETIREE HEALTH BENEFIT OCT 2018 337290 10/2/18 140.00 JUNIEL, R RETIREE HEALTH BENEFIT OCT 2018 337291 10/2/18 50.00 KIMBLE, R RETIREE HEALTH BENEFIT OCT 2018 337292 10/2/18 300.00 KIMLEY HORN AND ASSOC INC SAFE ROUTE TO SCHOOL 337293 10/2/18 677.90 KLOS, F RETIREE HEALTH BENEFIT OCT 2018 337294 10/2/18 480.00 LADCO LIABILITY CLAIM COST 337295 10/2/18 120.00 LANDA, A RETIREE HEALTH BENEFIT OCT 2018 337296 10/2/18 155.00 LANGUAGELINK LANGUAGE LINK ELECTION NOTICES FY19 337297 10/2/18 610.00 LASER SAVER INC MOP LASER SAVER PD 337298 10/2/18 1,773.93 LIMFUECO, M RETIREE HEALTH BENEFIT OCT 2018 337299 10/2/18 160.00 LOPEZ, TERESA YOLANDA COUNCIL MEETING TRANSLATION 9/18/18 337300 10/2/18 240.00 MATIENZO, M RETIREE HEALTH BENEFIT OCT 2018 337301 10/2/18 100.00 MC CABE, T RETIREE HEALTH BENEFIT OCT 2018 337302 10/2/18 280.00 MCDANIEL, P RETIREE HEALTH BENEFIT OCT 2018 337303 10/2/18 290.00 MEDINA, R RETIREE HEALTH BENEFIT OCT 2018 337304 10/2/18 105.00 MENDOZA, G RETIREE HEALTH BENEFIT OCT 2018 337305 10/2/18 290.00 MEYERS NAVE LABOR RELATIONS & NEGOTIATIONS SVCS 337306 10/2/18 7,669.41 MINER, D RETIREE HEALTH BENEFIT OCT 2018 337307 10/2/18 580.00 NAGLE, D TRAINING ADV LODGE SUB FTO/NAGLE D 337308 10/2/18 687.63 NATIONAL CITY CHAMBER NCCC MEMBERSHIP DUES / RIOS 337309 10/2/18 100.00 NATIONAL RECREATION NATIONAL RECREATION AND PARK ASSOCIATION 337310 10/2/18 650.00 NIEBLAS, J LIABILITY CLAIM COST 337311 10/2/18 2,186.15 NOTEWARE, D RETIREE HEALTH BENEFIT OCT 2018 337312 10/2/18 120.00 OLIVARES, G RETIREE HEALTH BENEFIT OCT 2018 337313 10/2/18 280.00 PADRE JANITORIAL SUPPLIES JANITORIAL SUPPLIES - NUTRITION 337314 10/2/18 810.08 2/4 324 of 607 CALIFORNIA F__ PAYEE PAUU JR, P PEASE JR, D PETERS, S PIERSON, D POST, R PRO BUILD PROFORCE LAW ENFORCEMENT PRUDENTIAL OVERALL SUPPLY QUIROGA, R RANDALL LAMB ASSOCIATES INC RAY, S RELY ENVIRONMENTAL ROARK, L RUIZ, J SAN DIEGO POLICE EQUIPMENT SANCHEZ, L SEAPORT MEAT COMPANY SERVATIUS, J SHARP ELECTRONICS CORPORATION SHORT, C SMART & FINAL SMART SOURCE OF CALIFORNIA LLC SMITH, J SOUTH BAY REGIONAL PUBLIC SPOK INC STAPLES BUSINESS ADVANTAGE STAPLES BUSINESS ADVANTAGE STARTECH COMPUTERS STEWART, W STRASEN, W SYMBOLARTS, LLC SYSCO SAN DIEGO INC TALLAL INC THE EPOCH TIMES THE STAR NEWS TIPTON, B TRI TECH FORENSICS INC TURF STAR INC U S BANK V & V MANUFACTURING VERRY, L VILLAGOMEZ, J VIORA, B WHITE, J WILLY'S ELECTRONIC SUPPLY YBARRA, A NATIONAL CI?? ?ATCORPQRAT813 . WARRANT REGISTER # 14 10/2/2018 DESCRIPTION RETIREE HEALTH BENEFIT OCT 2018 RETIREE HEALTH BENEFIT OCT 2018 RETIREE HEALTH BENEFIT OCT 2018 REIMB: PIERSON CAR RENTAL / PD RETIREE HEALTH BENEFIT OCT 2018 MOP DIXIELINE PD TASER CARTRIDGES MOP 45742, FIRE CHARGES TRAINING ADV SUB ROT PD/QUIROGA N.C. LIBRARY HVAC SYST. RETIREE HEALTH BENEFIT OCT 2018 HAZARDOUS WASTE RETIREE HEALTH BENEFIT OCT 2018 RETIREE HEALTH BENEFIT OCT 2018 LAWMAN TMJ AMMO RETIREE HEALTH BENEFIT OCT 2018 FOOD - NUTRITION CENTER RETIREE HEALTH BENEFIT OCT 2018 MAINTENANCE 20 SHARP COPIERS FOR FY19 RETIREE HEALTH BENEFIT OCT 2018 MOP SMART FINAL PD TABLE COVER / PD RETIREE HEALTH BENEFIT OCT 2018 TRAINING TUITION FTO UPD/NAGLE D / PD METROCALL PAGING FOR FY19 MOP# 45704. OFFICE SUPPLIES / FIRE MOP 45704. OFFICE SUPPLIES / CSD MOP #61744/COMPUTER SUPPLIES/MIS RETIREE HEALTH BENEFIT OCT 2018 RETIREE HEALTH BENEFIT OCT 2018 BADGE / PD FOOD - NUTRITION CENTER SUMMER MOVIES IN THE PARK / CSD NOTICE OF NOV ELECTION - CHINESE ADVERTISING NOTICES FOR FY19 RETIREE HEALTH BENEFIT OCT 2018 187 BARRIER / POLICE DE -MYSTIFICATION OF SPRAYERS SEMINAR CREDIT CARD EXPENSES / FIRE EMPLOYEE RECOGNITION PINS FOR FY19 RETIREE HEALTH BENEFIT OCT 2018 RETIREE HEALTH BENEFIT OCT 2018 REIMB - EMS PARAMEDIC LICENSE RENEWAL RETIREE HEALTH BENEFIT OCT 2018 MOP #45763/ELECTRONIC SUPPLIES/MIS TRAINING ADV POST SLI 3/A CHK NO DATE AMOUNT 337315 10/2/18 340.00 337316 10/2/18 140.00 337317 10/2/18 290.00 337318 10/2/18 143.91 337319 10/2/18 280.00 337320 10/2/18 1.95 337321 10/2/18 16,245.00 337322 10/2/18 100.00 337323 10/2/18 512.00 337324 10/2/18 15,420.00 337325 10/2/18 190.00 337326 10/2/18 4,755.00 337327 10/2/18 135.00 337328 10/2/18 310.00 337329 10/2/18 9,795.47 337330 10/2/18 330.00 337331 10/2/18 916.35 337332 10/2/18 340.00 337333 10/2/18 3,335.75 337334 10/2/18 300.00 337335 10/2/18 931.24 337336 10/2/18 441.54 337337 10/2/18 320.00 337338 10/2/18 85.00 337339 10/2/18 655.46 337340 10/2/18 1,295.93 337341 10/2/18 420.82 337342 10/2/18 459.36 337343 10/2/18 200.00 337344 10/2/18 135.00 337345 10/2/18 106.00 337346 10/2/18 4,554.32 337347 10/2/18 245.00 337348 10/2/18 120.00 337349 10/2/18 143.50 337350 10/2/18 250.00 337351 10/2/18 4,598.00 337352 10/2/18 100.00 337353 10/2/18 625.98 337354 10/2/18 2,450.92 337355 10/2/18 280.00 337356 10/2/18 480.00 337357 10/2/18 200.00 337358 10/2/18 230.00 337359 10/2/18 32.08 337360 10/2/18 414.00 3/4 325 of 607 \ I CALIFORNIA�__ NATIONAL INCORPORATED • WARRANT REGISTER # 14 10/2/2018 PAYEE DESCRIPTION WIRED PAYMENTS CITY NATIONAL BANK PUBLIC EMP RETIREMENT SYSTEM SECTION 8 HAPS LEASE PAYMENT #34 ENERGY PROJECT SERVICE PERIOD 08/28/18 - 09/10/18 Start Date 9/26/2018 End Date 10/2/2018 CHK NO DATE AMOUNT A/P Total 329,587.52 105615 10/2/18 43,101.10 10022018 10/2/18 239,788.23 956,088.00 GRAND TOTAL $1,568,564.85 4/4 326 of 607 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK ROBERTS, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALBERT MENDIVIL, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER JERRY CANO, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 20TH OF NOVEMBER 2018. AYES NAYS ABSENT 327 of 607 CC/CDC-HA Agenda 11/20/2018 — Page 328 The following page(s) contain the backup material for Agenda Item: Warrant Register #15 for the period of 10/03/18 through 10/09/18 in the amount of $2,200,455.60. (Finance) Please scroll down to view the backup material. 328 of 607 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 20, 2018 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #15 for the period of 10/03/18 through 10/09/18 in the amount of $2,200,455.60. (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 10/03/18 through 10/09/18. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation ACCI Roofing Services ESGIL Corporation Kaiser Foundation HP Kaiser Foundation HP 337361 337389 337396 337397 149,891.00 84,986.19 192,218.88 191,614.84 Police Dept Roof Replacement /Eng Plan Checks / Building Group 104220 — 0002 / Oct 2018 Group 104220 — 0002 / Sep 2018 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $2,200,455.60. APPROVED: L1* ,. 6zL2 - 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 $2,200,455.60 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 15 AAA of Fn 7 CALIFORNIAF__ PAYEE ACCI ROOFING SERVICES ARJIS AT&T BEST BEST & KRIEGER ATTNY LAW CAPF CALIFORNIA COMMERCIAL SECURITY CALIFORNIA LAW ENFORCEMENT CANON SOLUTIONS AMERICA INC. CARTEGRAPH SYSTEMS INC CASAS, LAURA CEB CLEAN HARBORS ENVIRONMENTAL COMMERCIAL AQUATIC SERVICE INC COUNTY OF SAN DIEGO COX COMMUNICATIONS CYNTHIA TITGEN CONSULTING INC D'ALESIO INC. DANIELS TIRE SERVICE DELTA DENTAL DELTA DENTAL DELTA DENTAL DELTA DENTAL INSURANCE CO DELTA DENTAL INSURANCE CO DEPT OF JUSTICE D-MAX ENGINEERING EAGLE PAVING COMPANY INC ED BRAINARD ENTERPRISE FLEET MANAGEMENT ESGIL CORPORATION EXOS COMMUNITY SERVICES LLC EXPERIAN GEOSYNTEC CONSULTANTS INC HAMEL, K HERNANDEZ, P INNOVATIVE CONSTRUCTION KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KTUA LANGUAGE LINE SERVICES LOPEZ, J -M'IO-..'`5L law 1141CORPQRAT813 • WARRANT REGISTER # 15 10/9/2018 DESCRIPTION POLICE DEPARTMENT ROOF REPLACEMENT-ENG FY 19 GRAFFITI TRACKER CONTRIBUTION - JUN AT&T SBC PHONE SERVICE AUGUST TRAINING, TRAVEL & SUBSISTENCE OCTOBER 2018 - FIRE LTD MOP 45754 BUILDING SUPPLIES PW OCTOBER 2018 - PD LTD PLOTWAVE 345 TONER / ENG IMPLEMENTATION SERVICES COUNCIL MEETING TRANSLATION 10/02/18 BOOKS CONTRACT SERVICES JULY 2018 POOL SUPPLIES COMMERCIAL AQUATIC SERVICE NEXTGEN REGIONAL COMMUNICATIONS SYSTEM - COX DATA VIDEO SERVICES OCTOBER WORKERS' COMPENSATION CONSULTING - SEP HELMET PANELS TIRES FOR CITY FLEET FOR FY 2019 SEPTEMBER 2018 DENTAL INS PREMIER OCTOBER 2018 DENTAL INS PREMIER SEPTEMBER 2018 GRP#05 - 0908601002 SEPTEMBER 2018 GRP #5 - 7029600000 OCTOBER 2018 GRP #05 - 7029600000 DOJ FINGERPRINTING JULY STORM WATER SERVICES FY2018-19 CITYWIDE PEDESTRIAN MIDBLOCK ANNUAL PROFESSIONAL HORTICULTURAL SEMINAF FLEET LEASE AND MAINTENANCE - ENG PLAN CHECKS, BUILDING JULY PROFESSIONAL SERVICES AND PROGRAM CREDIT CHECKS DUCK POND GW MONITORING MEDIC FEE REIMBURSEMENT TRAINING ADV SUB HOSTAGE NEGOTIATION/PD CITYWIDE PED. MIDBLOCK C. GROUP 104220 - 0002 OCTOBER 2018 GROUP 104220-0002 SEPTEMBER 2018 GROUP 104220-01,06,07 OCTOBER 2018 GROUP 104220-01, 06, 07 SEPTEMBER 2018 GROUP 104220-03, 09 SEPTEMBER 2018 GROUP 104220-05 OCTOBER 2018 GROUP 104220-05 SEPTEMBER 2018 GROUP 104220-7002 SEPTEMBER 2018 NATIONAL CITY INTRA-CONNECT NON EMERGENCY LANGUAGE TRANSLATION PROFESSIONAL ENG. LICENSE / LOPEZ CHK NO DATE AMOUNT 337 361 10/9/18 149, 891.00 337362 10/9/18 1,193.08 337363 10/9/18 2,291.80 337364 10/9/18 50.00 337365 10/9/18 931.00 337366 10/9/18 1,069.28 337367 10/9/18 2,070.25 337368 10/9/18 142.39 337369 10/9/18 500.00 337370 10/9/18 125.00 337371 10/9/18 184.04 337372 10/9/18 701.23 337373 10/9/18 2,180.33 337374 10/9/18 9,044.00 337375 10/9/18 174.00 337376 10/9/18 1,955.00 337377 10/9/18 443.59 337378 10/9/18 3,119.91 337 379 10/9/18 15, 846.66 337380 10/9/18 15, 700.92 337381 10/9/18 281.40 337382 10/9/18 2,916.54 337383 10/9/18 2,885.85 337384 10/9/18 258.00 337385 10/9/18 32,616.44 337386 10/9/18 29,412.59 337387 10/9/18 315.00 337388 10/9/18 15, 247.30 337389 10/9/18 84,986.19 337390 10/9/18 47,843.32 337391 10/9/18 107.60 337392 10/9/18 6,965.93 337393 10/9/18 200.00 337394 10/9/18 661.90 337 395 10/9/18 16, 318.00 337396 10/9/18 192, 218.88 337397 10/9/18 191,614.84 337398 10/9/18 21,249.62 337399 10/9/18 21,249.62 337400 10/9/18 5,626.96 337401 10/9/18 3,979.10 337402 10/9/18 3,979.10 337403 10/9/18 3,245.64 337404 10/9/18 17, 802.50 337405 10/9/18 235.63 337406 10/9/18 115.00 1/3 330 of 607 CALIFORNIAF__ PAYEE LOPEZ, R LOPEZ, TERESA YOLANDA LOZANO SMITH LLP MICHAEL BAKER INTERNATIONAL MOBILE WIRELESS LLC NATIONAL CITY AUTO TRIM NATIONAL CITY CAR WASH NV5 INC PAL GENERAL ENGINEERING INC PALOMAR HEALTH PENSKE FORD PRO BUILD PSYBAR LLC RELIANCE STANDARD RESCUE TECH 1, INC. ROUNDS, R S D COUNTY SHERIFF'S DEPT SAN DIEGO FAMILY MAGAZINE LLC SAN DIEGO POLICE EQUIPMENT SASI SCST INC SDG&E SMART & FINAL SMART SOURCE OF CALIFORNIA LLC STAPLES BUSINESS ADVANTAGE STARTECH COMPUTERS SUPERIOR READY MIX SWEETWATER AUTHORITY SYMBOLARTS, LLC THE LINCOLN NATIONAL LIFE INS THE LINCOLN NATIONAL LIFE INS TSC GROUP INC U S BANK UNITED ROTARY BRUSH CORP VCA EMERGENCY ANIMAL HOSPITAL VERIZON WIRELESS VISION SERVICE PLAN VISION SERVICE PLAN VORTEX INDUSTRIES INC WILLY'S ELECTRONIC SUPPLY STC TRAFFIC SUPERIOR READY MIX CONCRETE LP LONG, D SKILLPATH SEMINARS -M'I.O�l.�J -.. L C ' r117. jaa arr. ? CORPQRAT8L WARRANT REGISTER # 15 10/9/2018 DESCRIPTION TRAINING DUI ADV LODGE/LOPEZ R COUNCIL MEETING TRANSLATION 10/02/18 PROFESSIONAL SERVICES CONSULT FOR STORM PIPES NETMOTION MOBILITY MAINTENANCE: PREMIUM R&M CITY VEHICLES AS NEEDED FY 2019 CAR WASH SERVICES FOR CITY FLEET FY 2019 SEWER MP REVIEW & CAPITAL IMP. N. KENTON AVE. ST. IMPROV. SEXUAL ABUSE EXAM R&M CITY VEHICLES FY 2019 MOP 45705, FIRE CHARGES FITNESS FOR DUTY SEPTEMBER 2018 GRP VA1826233 TRAINING MANIKINS TRAINING LAPD LEADERSHIP II/ROUNDS CAL ID 7/1/18-12/31/18 MARKETING AD FOR UPCOMING EVENTS / CSD VEST SGT MATTHEW SMITH MONTHLY TRUST ACCOUNTING OCT 2018 CITYWIDE ALLEY IMPROV. SDG&E UTILITIES FOR FACILITIES FY 2019 KITCHEN UTENSILS TROOPER HATS / PD MOP #45704/OFFICE SUPPLIES/HR MOP #61744/COMPUTER SUPPLIES/MIS COLD MIX ASPHALTS, TACK OIL, 3/8 SHEET WATER SERVICES FOR PARK FY 2019 BADGES / PD GROUP 415491 SEPTEMBER 2018 GROUP 415491 OCTOBER 2018 LEASE STATION #33 / FIRE CREDIT CARD CHARGES, FIRE STREET SWEEPER REPAIRS AND MAINTENANCE EMERGENCY ANIMAL CARE VERIZON CELLULAR SERVICES FOR SEPTEMBER SEPTEMBER 2018 VISION SERVICE PLAN OCTOBER 2018 VISION SERVICE PLAN CITY WIDE ON SITE SERVICES AND REPAIRS MOP 45763/ELECTRONIC SUPPLIES - MIS T&A#90199 N.C.B. 28TH ST T&A#90227 1126 E. 7TH ST TRAINING ADVANCE SUB ICI NARCOTICS / PD PERSUASIVE COMMUNICATION TRAINING CHK NO DATE AMOUNT 337407 10/9/18 661.15 337408 10/9/18 240.00 337409 10/9/18 11,740.87 337410 10/9/18 7,402.50 337411 10/9/18 6,536.00 337412 10/9/18 350.00 337413 10/9/18 525.00 337414 10/9/18 41,869.00 337415 10/9/18 34,872.32 337416 10/9/18 1,350.00 337417 10/9/18 502.72 337418 10/9/18 14.12 337419 10/9/18 4,069.00 337420 10/9/18 4,195.35 337421 10/9/18 1,398.02 337422 10/9/18 694.14 337423 10/9/18 7,280.00 337424 10/9/18 705.00 337425 10/9/18 890.67 337426 10/9/18 41.50 337427 10/9/18 1,335.00 337428 10/9/18 29,542.31 337429 10/9/18 903.05 337430 10/9/18 3,190.42 337432 10/9/18 21.73 337433 10/9/18 497.90 337434 10/9/18 2,630.48 337435 10/9/18 822.66 337436 10/9/18 1,422.00 337437 10/9/18 10,119.31 337438 10/9/18 9,953.46 337439 10/9/18 2,533.06 337440 10/9/18 11,048.26 337441 10/9/18 457.84 337442 10/9/18 55.25 337443 10/9/18 79.01 337444 10/9/18 863.51 337445 10/9/18 863.51 337446 10/9/18 7,569.98 337447 10/9/18 11.78 337448 10/9/18 8,047.50 337449 10/9/18 1,262.26 337450 10/9/18 1,313.28 337451 10/9/18 168.99 A/P Total 1,129,996.34 2/3 331 of 607 \ I CALIFO RNIA�__ PAYEE PAYROLL Pay period Start Date 21 9/25/2018 �1�1VJl.�1 �.y�'�L INCORPORATED WARRANT REGISTER # 15 10/9/2018 DESCRIPTION End Date 10/8/2018 CHK NO DATE AMOUNT Check Date 10/17/2018 1,070,459.26 GRAND TOTAL $2,200,455.60 3/3 332 of 607 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK ROBERTS, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALBERT MENDIVIL, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER JERRY CANO, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 20TH OF NOVEMBER 2018. AYES NAYS ABSENT 333 of 607 CC/CDC-HA Agenda 11/20/2018 — Page 334 The following page(s) contain the backup material for Agenda Item: Warrant Register #16 for the period of 10/10/18 through 10/16/18 in the amount of $746,192.50. (Finance) Please scroll down to view the backup material. 334 of 607 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 20, 2018 AGENDA ITEM NO.: TEM TITLE: Warrant Register #16 for the period of 10/10/18 through 10/16/18 in the amount of $746,192.50. ;Finance) PREPARED BY:Karla Apalategui, Accounting Assistant PHONE: 619-336-4572 EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 10/10/18 through 10/16/18. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation DEPARTMENT: Finance APPROVED BY: Kimley Horn and Assoc 337497 79,464.13 ATP & HSIP Grants / Eng Adminsure Inc 52581 84,852.28 W/C Acct Replenishment Sept 2018 'ublic Emp Ret System 10102018 236,886.83 Service Period 9/11/18 — 9/24/18 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $746,192.50. 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 $746,192.50 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 16 JJb of b07 CALIFORNIAF__ PAYEE ACADEMI TRAINING CENTER LLC ACE UNIFORMS & ACCESSORIES INC ACME SAFETY & SUPPLY CORP AIRGAS WEST AK & COMPANY ALIGNMENT EXPRESS OF CA INC ALLSTAR FIRE EQUIPMENT INC ALPHA PROJECT FOR THE HOMELESS AYDELOTTE, D BOOT WORLD CAL UNIFORMS INC CEB CHEN RYAN ASSOCIATES INC CIRCULATE SAN DIEGO CLAIMS MANAGEMENT ASSOCIATES CLEAN HARBORS ENVIRONMENTAL CLEAR WATER TECHNOLOGIES LLC CLF WAREHOUSE INC COUNTY OF SAN DIEGO COUNTYWIDE MECHANICAL SYSTEMS CUMMING CHEVROLET DANIELS TIRE SERVICE DAY WIRELESS SYSTEMS (20) D-MAX ENGINEERING DOUGHERTY, J DUNBAR ARMORED INC FERGUSON ENTERPRISES 1350 G & A AUTOMOTIVE INC GONZALES, T GRAINGER GUADARRAMA DANIEL HANDY METAL MART HD SUPPLY CONSTRUCTION AND HEALTH NET HEALTH NET HEALTH NET HEALTH NET HEALTH NET INC HEALTH NET INC HOME DEPOT CREDIT SERVICES HUTCHINSON, C INLAND KENWORTH INC INNOVATIVE CONSTRUCTION IRON MOUNTAIN K SURPLUS SALES INC KIMLEY HORN AND ASSOC INC LASER SAVER INC NA -M'I.O�l.�J-..,y5L C r117. jaa ? CORPQRAT8L WARRANT REGISTER # 16 10/16/2018 DESCRIPTION TRAINING 8/14 & 21 / POLICE POLICE OFFICER EQUIPMENT SWAT UNIFORM / PD TRAFFIC CONES / CSD MOP 45714 SAFETY APPAREL - PW FY18 SB90 MANDATED CLAIM SERVICES VEHICLE ALIGNMENT SERVICE TURNOUTS / FIRE ALPHA PROJECT FOR OUTREACH SERVICES / NSD TRAINING REIM SLI 7 / AYDELOTTE MOP 64096 SAFETY APPAREL - PW NAME BARS BOOKS / CITY ATTORNEY'S OFFICE NATIONAL CITY ATP GRANTS ACTIVE TRANSPORTATION PLANNING PROFESSIONAL SERVICES HOUSEHOLD HAZARD WASTE SERVICES - ENG MONTHLY WATER TREATMENT - SEP 2018 MOP 80331 AUTO SUPPLIES - PW MAIL PROCESSING SERVICES / SEPT KIMBALL SENIOR CENTER MOP 45751AUTO SUPPLIES - PW TIRES FOR CITY FLEET FOR FY 2019 FIRST QUARTER MAINTENANCE CONTRACT STORM WATER SERVICES FY 18-19 TRAINING REIM POST SUPERVRY / DOUGHERTY ARMORED SERVICES - FINANCE MOP 45723 GENERAL SUPPLIES - PW MOP 72655 AUTO SUPPLIES PW MILEAGE REIMBURSEMENT - ENG MOP 65179 GENERAL SUPPLIES - PW LIABILITY CLAIM COST PS ANGLE / CSD ZIPPER SAFETY VEST GROUP N7176F - OCTOBER 2018 GROUP N7176F - SEPTEMBER 2018 GROUP N7177A - OCTOBER 2018 GROUP N7177A - SEPTEMBER 2018 GROUP 57135A - OCTOBER 2018 GROUP 57135A - SEPTEMBER 2018 BULBS,TRASH CANS,FUEL LINE,TIRE MILEAGE REIMBURSEMENT - ENG PARTS FOR EMERGENCY VEHICLE PARADISE CREEK WATER QUALITY IRON MOUNTAIN FY19 DRILL BIT INDEX & AIR LINE ATP & HSIP GRANTS MOP LASER SAVER PD CHK NO 337452 337453 337454 337455 337456 337457 337458 337459 337460 337461 337462 337463 337464 337465 337466 337467 337468 337469 337470 337471 337472 337473 337474 337475 337476 337477 337478 337479 337480 337481 337482 337483 337484 337485 337486 337487 337488 337489 337490 337491 337492 337493 337494 337495 337496 337497 337498 DATE 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 AMOUNT 800.00 476.21 490.35 438.49 3,500.00 325.99 2,440.02 9,915.59 92.71 250.00 136.93 229.83 19,990.00 13,661.43 6,480.00 427.00 1,160.00 731.64 2,525.18 44,978.00 1,004.85 1,149.29 5,586.00 26,987.71 733.20 273.57 825.82 558.45 12.10 3,165.71 1,216.75 391.51 367.65 1,522.34 1,522.34 1,181.18 1,181.18 4,770.08 4,770.06 253.94 11.11 3,537.71 990.00 185.40 135.94 79,464.13 420.55 1/3 336 of 607 CALIFORNIAF__ PAYEE LINE X SAN DIEGO LOPEZ, Y MASON'S SAW MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS NATIONAL CITY TROPHY OLDCASTLE PRECAST INC O'REILLY AUTO PARTS PACIFIC AUTO REPAIR PACIFIC PRODUCTS & SERVICES PARTS AUTHORITY METRO LLC PEACE OFFICERS RESEARCH POWERSTRIDE BATTERY CO INC PRO BUILD PRUDENTIAL OVERALL SUPPLY RAMIREZ, 0 RANDALL LAMB ASSOCIATES INC RELY ENVIRONMENTAL ROUNDS, R ROUNDS, R SAM'S ALIGNMENT SCST INC SDG&E SDG&E SEGAL, M SITEONE LANDSCAPE SUPPLY LLC SLADE, J SMART & FINAL SOUTH COAST EMERGENCY SOUTHERN CALIF TRUCK STOP STAPLES BUSINESS ADVANTAGE SWEETWATER AUTHORITY SYMBOLARTS, LLC T MAN TRAFFIC SUPPLY T MAN TRAFFIC SUPPLY THE BANK OF NEW YORK MELLON THE EPOCH TIMES THE LIGHTHOUSE INC THE STAR NEWS TODD PIPE & SUPPLY LLC TOPECO PRODUCTS U S BANK U S BANK U S BANK VCA EMERGENCY ANIMAL HOSPITAL VCA MAIN ST ANIMAL HOSPITAL VISTA PAINT 117. -M'I.°l.�J -.. L C ' r ? CORPQRAT8L WARRANT REGISTER # 16 10/16/2018 DESCRIPTION FLOOR LINER TRAINING REIM SUPERVISORY/LOPEZ /PD MOP 45729 LANDSCAPE SUPPLIES PW LIABILITY CLAIM COST LIABILITY CLAIM COST MOP 45704 OFFICE SUPPLIES - PW FILTER INSERT GUARD SERIES MOP 75877 AUTO SUPPLIES - PW SMOG CERTIFICATION / REPAIRS FOR CITY SIGN POLES FOR TRAFFIC SIGNS MOP 75943 AUTO SUPPLIES - PW QUARTERLY DUES MOP 67839 AUTO SUPPLIES - PW MOP 45707 GENERAL SUPPLIES - PW MOP 45742 LAUNDRY SERVICES PW TRAINING REIM OIS FTO/RAMIREZ LAS PALMAS POOL ELEC. SYST. HAZARDOUS WASTE CITY HALL TRAINING REIM LA LEADERSHP 1/ROUNDS TRAINING REIMB LA PRG/ROUNDS WHEEL ALIGNMENT SERVICE LAS PALMAS P. STORM DRAIN REP. SDG&E UTILITIES FOR FACILITIES SDG&E UTILITIES FOR STREET TRAINING REIM THREAT ASSESSMT/SEGAL MOP 69277 LANDSCAPE SUPPLIES - PW PER DIEM TRAINING-ENG MOP SMART FINAL PD REGULATOR & CAB DRIVE / PW MOP 45758 AUTO SUPPLIES / PW MOP 45758 OFFICE SUPPLIES / PD WATER SERVICES FOR FACILITIES NEW HIRE BADGES / POLICE MOP 76666 TRAFFIC SUPPLIES PW MOP 76666 TRAFFIC SUPPLIES PW TRUSTEE DISBURSMTS AND NOTICE FEE NOTICE OF MEASURE - CHINESE LED SEARCHLIGHT WITH DUAL REMOTE ADVERTISING NOTICES FOR FY19 CITY WIDE PLUMBING MATERIALS, PARTS, MOP 63849 AUTO SUPPLY - PW CREDIT CARD EXPENSES / POLICE CREDIT CARD EXPENSES / CMO CREDIT CARD EXPENSES / CITY ATTORNEY STRAY ANIMAL VET CARE DUKE K-9 VET CARE MOP 68834 TRAFFIC PAINT - PW CHK NO 337499 337500 337501 337502 337503 337504 337505 337506 337507 337508 337509 337510 337511 337512 337513 337514 337515 337516 337517 337518 337519 337520 337521 337522 337523 337524 337525 337526 337527 337528 337529 337531 337532 337533 337534 337535 337536 337537 337538 337539 337540 337541 337542 337543 337544 337545 337546 DATE 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 10/16/18 AMOUNT 220.00 376.74 331.84 7,024.19 70.00 209.07 317.09 878.72 1,300.70 4,339.13 1,350.51 80.00 285.82 3,747.06 916.88 226.06 2,787.50 11,235.00 233.31 138.49 60.00 185.00 25,358.47 8,157.04 420.68 388.75 75.00 213.26 731.06 393.46 837.07 45,465.22 482.00 1,446.37 468.55 1,385.00 210.00 1,745.27 225.50 3,899.30 71.67 3,172.84 521.74 196.63 2,330.02 124.16 2,718.52 2/3 337 of 607 CALIFORNIA_- PAYEE WEST PAYMENT CENTER WESTFLEX INDUSTRIAL WETMORES WETMORES WILLY'S ELECTRONIC SUPPLY YBARRA, A YBARRA, A WIRED PAYMENTS ADMINSURE INC ARCO BUSINESS SOLUTIONS PAYCHEX BENEFIT TECHNOLOGIES PUBLIC EMP RETIREMENT SYSTEM NATIONAL ' r law ?IgCORPQRAT8D WARRANT REGISTER # 16 10/16/2018 DESCRIPTION ONLINE BOOKS / POLICE MOP 63850 AUTO SUPPLIES PW TRUCK TOOL BOXES MOP 80333 AUTO SUPPLIES PW MOP 45785 ELECTRICAL SUPPLIES / PD TRAINING REIM SLI 2/YBARRA TRAINING REIM SLI 2/YBARRA W/C ACCT REPLENISHMENT SEP 2018 FUEL FOR CITY FLEET OCTOBER 2018 BENETRAC ESR SVCS BASE FEE OCT 2018 SERVICE PERIOD 9/11/18 - 9/24/18 CHK NO 337547 337548 337549 337550 337551 337552 337553 52581 52821 90581 10102018 DATE AMOUNT 10/16/18 1,193.40 10/16/18 213.04 10/16/18 1,072.19 10/16/18 966.91 10/16/18 262.89 10/16/18 99.41 10/16/18 75.95 A/P Total 392,502.42 10/11/18 84,852.28 10/11/18 31,414.42 10/12/18 536.55 10/10/18 236,886.83 GRAND TOTAL $ 746,192.50 3/3 338 of 607 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK ROBERTS, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALBERT MENDIVIL, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER JERRY CANO, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 20TH OF NOVEMBER 2018. AYES NAYS ABSENT 339 of 607 CC/CDC-HA Agenda 11/20/2018 — Page 340 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 the National City Municipal Code by amending Chapter 18.24.050 (Allowed land uses and permit requirements), 18.30.230 (Tobacco specialty shops), and 18.50 (Glossary) of Title 18 (Zoning) of the National City Municipal Code related to electronic smoking devices. (Applicant: City -Initiated Land Use Amendment) (Case File 2018-23 A) (Planning) Please scroll down to view the backup material. 340 of 607 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 20, 2018 AGENDA ITEM NO. 1 ITEM TITLE: Public Hearing and Adoption of an Ordinance of the City Council of the City of National City amending the National City Municipal Code by amending Chapter 18.24.050 (Allowed land uses and permit requirements), 18.30.230 (Tobacco specialty shops), and 18.50 (Glossary) of Title 18 (Zoning) of the National City Municipal Code related to electronic smoking devices. (Applicant: City -Initiated Land Use Amendment) (Case File 2018- 23 A)1 PREPARED BY: Martin Reeder, AICP1 AK DEPARTMENT: Planning. % PHONE: 619-336-4313 EXPLANATION: At the City Council meeting of September 18, 2018, the City Council initiated a Municipal Code Amendment related to the use of Electronic Smoking Devices. The subject was originally brought to the attention of the City Council and City staff by the American Lung Association ("Association"). The Association has suggested changes to four sections of the National City Municipal Code, including Chapter 9.37, 9.38, 10.52, and 18.50. The first three sections are under a separate agenda item and are the sole purview of the City Council. Changes to Title 18 (Zoning) require a public hearing at and recommendation to the City Council by the Planning Commission, which has already occurred. APPROVED BY: The attached background report describes the issues and suggested changes in detail. FINANCIAL STATEMENT: ACCOUNT NO. 1 APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Not a project per the California Environmental Quality Act (CEQA) ORDINANCE: INTRODUCTION: FINAL ADOPTION: bC Finance MIS STAFF RECOMMENDATION: Adopt the Ordinance regulating the use of Electronic Smoking Devices. BOARD / COMMISSION RECOMMENDATION: Ayes: Quintero, Baca, Yamane, Garcia, Flores, DelaPaz Absent: Sendt ATTACHMENTS: 1. Background Report. 2. Findings 3. Proposed Code changes 4. Planning Commission Resolution 2018-16 5. Public Hearing Notice 6. Ordinance 341 of 607 BACKGROUND REPORT Staff Recommendation Staff recommends that the City Council approve the amendments to sections 18.24.050, 18.30.230, and 18.50. History At the City Council meeting of September 4, 2018, staff was asked to bring back an item for discussion related to the use of Electronic Smoking Devices. The subject was originally brought to the attention of the City Council and City staff by the American Lung Association ("Association"). The Association has suggested changes to four sections of the National City Municipal Code, including Chapters 9.37, 9.38, 10.52, and 18.50. The first three sections are under the sole purview of the City Council. Changes to Title 18 (Zoning) require a public hearing at, and recommendation to the City Council, by the Planning Commission. The City Council initiated the amendments on September 18, 2018. The Planning Commission held a public hearing at their meeting of October 15, 2018. Staff presented changes to Chapter 18.24 (Mixed -Use Corridor and District zones), Chapter 18.30.230 (Tobacco specialty shops), and Chapter 18.50 (Glossary). The Planning Commission recommended approval to the City Council of the changes, which are contained in a subsequent related item. Overview The Association provided suggested changes to Title 18, which generally focused on Section 18.50 (Glossary). However, staff is suggesting expanding those changes to also include Sections 18.24.050 (Allowed land uses and permit requirements) and 18.30.230 (Tobacco specialty shops). The additional changes are intended to dean up references to tobacco specialty shops to consider other similar uses. Amendments related to zoning matters (Title 18) require a published public notice and may be adopted at the public hearing. Non -zoning sections of the Municipal Code require introduction and adoption at separate City Council meetings. Proposed Changes Section18.24.050 subsection "B" of the Municipal Code (Allowed land uses and permit requirements) currently reads as follows: B. Permitted Land Uses. Land uses permitted in the mixed -use zones shall be as specified in Table 18.24.050 (Allowed Land Uses - Mixed -Use Zones). Attachment 1 342 of 607 TABLE 18.24.050 Allowed Land Uses Mixed -Use Zones Land Use Permit Required by Zone Specific Use Regulations MXC-1 (a) MXC-2 MXD-1 MXD-2 Section 18.30.230 Tobacco specialty shops - - C C In order to be inclusive of other tobacco -related uses such as cigar bars or hookah lounges, staff suggests changing tobacco specialty shops to tobacco specialty businesses. This would make it clear that a Conditional Use Permit (CUP) is also required for these types of businesses, which has been a point of confusion with prospective businesses in the past. Staff proposes Table 18.24.050 be amended as follows (changes in bold): Land Use Permit Required by Zone Specific Use Regulations MXC-1 (a) MXC-2 MXD-1 MXD-2 Section 18.30.230 Tobacco specialty businesses - - C C Section 18.30.230 (Tobacco specialty shops) currently reads as follows: Tobacco specialty shops, where permitted pursuant to the Land Use Code, shall not be located within one thousand feet of any school, playground, recreation center or facility, childcare center or library in the City of National City. In order to make this section consistent with other proposed changes and to incorporate the changes suggested by the Association, staff suggests the following language (changes noted in bold). 18.30.230 - Tobacco specialty businesses. Tobacco specialty businesses, where permitted pursuant to the Land Use Code, shall comply with the following standards: 1. A Conditional Use Permit is required. 2 343 of 607 2. The business shall not be located within one thousand feet of any school, playground, recreation center or facility, childcare center_ or library in the City of National City. 3. No alcohol or food may be sold or consumed on the premises. 4. No person under the aqe of twenty-one years of aqe may enter the premises unless that person is accompanied by his or her parent or legal guardian. Item number one incorporates the information in Table 18.24.050. Item number three is a change suggested by the Association. The reason for the change is to avoid the proliferation of hookah lounges, cigar lounges and vape shops that allow smoking indoors in violation of state smoke -free laws, which has been an issue in the City of San Diego. Currently, the State Labor Code, Section 6404.5(B), authorizes "tobacco shops" and attached "private smoker's lounges" to permit smoking indoors if the shop's "main purpose is the sale of tobacco products" and the smoker's lounge is "dedicated to the use of tobacco products". Unfortunately, these criteria are quite vague, which has made it difficult for San Diego and other cities to efficiently enforce smoke -free laws in these problem venues, some of which are located next to businesses that are suffering due to drifting secondhand smoke. While there have been opinions published by the Attorney General and California Legislative Counsel stating that consumption of food or beverages is not permitted in tobacco businesses, this change would codify that opinion. Item number four codifies state regulations related to the legal age for purchase and use of tobacco products, which is 21 years of age in the state of California. Finally, the definition of "tobacco specialty shop" as contained in Section 18.50 (Glossary) currently reads as follows: Tobacco specialty shop. "Tobacco specialty shop" means any business, the primary use of which is the sale of tobacco products or tobacco related paraphernalia. A business shall be determined a tobacco specialty shop when more than forty percent of its retail floor area is devoted to the display and sales of tobacco products and/or paraphernalia. For consistency with the other changes in this request, staff proposes the definition be amended as follows (deletions noted as strikcth 1 , additions in bold): Tobacco specialty business. "Tobacco specialty chbusiness" means any business, the primary use of which is the use and/or sale of tobacco products or tobacco related paraphernalia. A business shall be determined a tobacco specialty sl-iop business when more than forty percent of its retail floor area is devoted to the use, display, and/or sales of tobacco products and/or paraphernalia. 3 344 of 607 Findings There are two findings required for approval of a Code Amendment, one related to General Plan consistency and one related to compliance with the California Environmental Quality Act (CEQA). General Plan Conformance The requested amendments are consistent with the General Plan, as Housing and Environmental Justice Policy HEJ-2.8: encourages smoke -free workplaces, multifamily housing, parks, and other outdoor gathering places to reduce exposure to second-hand smoke. CEQA Compliance These amendments are not considered to be a project under CEQA as there would be no physical impact as a result of the change. The amendments would solely modify or add language related to tobacco and paraphernalia sales and to clarify conditions under which said items may be sold. In addition, a third finding has been added as follows: That the proposed amendments will make the Land Use Code consistent with State law, ensuring that minors do not have access to electronic smoking devices and other tobacco related products. Summary The Association is recommending changes to the City's Municipal Code related to the use of Electronic Smoking Devices. Staff is supportive of changes to Title 18 (Sections 18.24.050, 18.30.230, and 18.50) of the Municipal Code and recommends approval. The Planning Commission recommended approval of the amendments to the City Council. These changes are in concert with changes to Titles 9 and 10, which are contained in a subsequent related item Options 1. Recommend approval of the amendments to the Land Use Code based on the attached findings or findings to be determined by the City Council; or Recommend denial of the amendments to the Land Use Code based on findings to be determined by the City Council; or, 3. Continue the item to a specific date. 4 345 of 607 RECOMMENDED FINDINGS FOR APPROVAL That the proposed amendments are consistent with the General Plan, as Housing and Environmental Justice Policy HEJ-2.8: encourages smoke -free workplaces, multifamily housing, parks, and other outdoor gathering places to reduce exposure to second-hand smoke. 2. That the proposed amendments have been reviewed and been found to comply with the California Environmental Quality Act (CEQA); the amendments are not considered to be a project under CEQA as there would be no physical impact as a result of the change. The amendments would solely modify or add language related to tobacco and paraphernalia sales and to clarify conditions under which said items may be sold. 3. That the proposed amendments will make the Land Use Code consistent with State law, ensuring that minors do not have access to electronic smoking devices and other tobacco related products. Attachment 2 5 346 of 607 Proposed deletions noted with a strikethrough Proposed amendments noted as underlined font 18.24.050 - Allowed land uses and permit requirements. B. Permitted Land Uses. Land uses permitted in the mixed -use zones shall be as specified in Table 18.24.050 (Allowed Land Uses - Mixed -Use Zones). TABLE 18.24.050 Allowed Land Uses Mixed -Use Zones Land Use Permit Required by Zone Specific Use Regulations MXC-1 (a) MXC-2 MXD-1 MXD-2 Section 18.30.230 Tobacco specialty shops businesses - - C C 18.30.230 - Tobacco specialty shops businesses. Tobacco specialty chops businesses, where permitted pursuant to the Land Use Code, shall comply with the following standards: 1. A Conditional Use Permit is required. 2. The business Sshall not be located within one thousand feet of any school, playground, recreation center or facility, childcare center, or library in the City of National City. 3. No alcohol or food may be sold or consumed on the premises. 4. No person under the age of twenty-one years of age may enter the premises unless that person is accompanied by his or her parent or legal guardian. 18.50 — Glossary [18.50.010] - Generally Tobacco specialty shop —business. "Tobacco specialty shop business" means any business, the primary use of which is the use and/or sale of tobacco products or tobacco related paraphernalia. A business shall be determined a tobacco specialty slh-op-business when more than forty percent of its retail floor area is devoted to the use, display, and/or sales of tobacco products and/or paraphernalia. Attachment 3 6 347 of 607 RESOLUTION NO. 2018-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING ADOPTION TO THE CITY COUNCIL OF AMENDMENTS TO SECTIONS 18.24.050 (ALLOWED LAND USES AND PERMIT REQUIREMENTS), 18.30.230 (TOBACCO SPECIALTY SHOPS), AND 18.50 (GLOSSARY) OF TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE RELATED TO ELECTRONIC SMOKING DEVICES. APPLICANT: CITY -INITIATED. CASE FILE NO. 2018-23 A WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the amendment of the National City Municipal Code, per Chapter 18.12.140 (B); and, WHEREAS, the Planning Commission of the City of National City, California, considered said proposed amendments at a duly advertised public hearing held on October 15, 2018 at which time the Planning Commission considered evidence; and, WHEREAS, at said public hearing the Planning Commission considered the staff report provided for Case File No. 2018-23 A, which is maintained by the City and incorporated herein by reference; along with any other evidence presented at said hearing; and, WHEREAS, the Planning Commission recommends adoption to the City Council of the City of National City amendments to Sections 18.24.050 (Allowed land uses and permit requirements), 18.30.230 (Tobacco specialty shops), and 18.50 (Glossary) of Title 18 (Zoning) of the National City Municipal Code; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, this action is taken in an effort to comply with applicable State and Federal law; and, WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Planning Commission of the City of National City, California, that the evidence presented to the Planning Attachment 4 7 348 of 607 Commission at the public hearing held on October 15, 2018, support the following findings: 1. That the proposed amendments are consistent with the General Plan, as Housing and Environmental Justice Policy HEJ-2.8: encourages smoke -free workplaces, multifamily housing, parks, and other outdoor gathering places to reduce exposure to second-hand smoke. 2. That the proposed amendments have been reviewed and been found to comply with the California Environmental Quality Act (CEQA); the amendments are not considered to be a project under CEQA as there would be no physical impact as a result of the change. The amendments would solely modify or add language related to tobacco and paraphernalia sales and to clarify conditions under which said items may be sold. That the proposed amendments will make the Land Use Code consistent with State law, ensuring that minors do not have access to electronic smoking devices and other tobacco related products. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of October 15, 2018, by the following vote: AYES: Quintero, Baca, Yamane, Garcia, Flores, Dela Paz NAYS: None. ABSENT: Sendt ABSTAIN: None. CHAIRPERSON 8 349 of 607 CITY OF NATIONAL CITY 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, November 20, 2018, in the City Council Chambers, Civic Center, 1243 National City Blvd., National City, CA., to consider: AN ORDINANCE AMENDING TITLE 18 (ZONING) SECTIONS 18.24.050 ALLOWED LAND USES AND PERMIT REQUIREMENTS), 18.30.230 (TOBACCO SPECIALTY SHOPS), AND 18.50 (GLOSSARY) OF THE NATIONAL CITY MUNICIPAL CODE. The amendment intends to modify existing Municipal Code language related to the use and sale of tobacco products to reflect electronic smoking devices. The Planning Commission conducted a Public Hearing at their meeting of October 15, 2018 and voted 6-0 with one member absent to recommend adoption of the Code Amendment. 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. Michael Dalla, City Clerk CV63561 11/9/2018 9 Attachment 5 350 of 607 ORDINANCE NO. 2018 — 251 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING SECTIONS 18.24.050 (ALLOWED LAND USES AND PERMIT REQUIREMENTS), 18.30.230 (TOBACCO SPECIALTY SHOPS), AND 18.50 (GLOSSARY) OF TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE RELATED TO ELECTRONIC SMOKING DEVICES. WHEREAS, pursuant to the terms and provisions of the California Government Code, proceedings were duly initiated for the amendment of the National City Municipal Code ("NCMC"); and WHEREAS, on October 15, 2018, a noticed public hearing was held by the Planning Commission, and all persons interested were given the opportunity to appear and be heard before the Commission; and WHEREAS, the Planning Commission regularly and duly certified its report to the City Council and has unanimously recommended approval of amending NCMC Title 18: and WHEREAS, pursuant to a published 10-day notice of the adoption of said ordinance, a public hearing was held by the City Council on November 20, 2018, and at said public hearing, all persons interested were given the opportunity to appear and be heard before the City Council. NOW, THEREFORE, the City Council does ordain as follows: Section 1. All protests, if any, against said amendment to the Municipal Code and each of them be and hereby are denied and overruled. Section 2. That Table 18.24.050 of the National City Municipal Code is amended to revise the land use description "Tobacco specialty shops" to "Tobacco specialty businesses", as follows: Table 18.24.050 Allowed Land Uses Mixed -Use Zones Land Use Permit Required by Zone Specific Use Regulations MXC-1 (a) MXC-2 MXD-1 MXD-2 Section 18.30.230 Tobacco specialty businesses C C 351 of 607 Section 3. That Section 18.30.230 of the National City Municipal Code is amended to read as follows: 18.30.230 Tobacco specialty businesses. Tobacco specialty businesses, where permitted pursuant to the Land Use Code, shall comply with the following standards: 1. A Conditional Use Permit is required. 2. The business shall not be located within one thousand feet of any school, playground, recreation center or facility, childcare center, or library in the City of National City. 3. No alcohol or food may be sold or consumed on the premises. 4. No person under the age of twenty-one years of age may enter the premises unless that person is accompanied by his or her parent or legal guardian. Section 4. That Subsection 18.50.010 of the National City Municipal Code is amended to add the following definition: Tobacco specialty business. "Tobacco specialty business" means any business, the primary use of which is the use and/or sale of tobacco products or paraphernalia. A business shall be determined a tobacco specialty business when more than forty percent of its floor area is devoted to the use, display, and/or sales of tobacco products and/or paraphernalia. PASSED and ADOPTED this 20th day of November, 2018. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Ordinance No. 2018 - 251 Page 2 of 2 Regarding Electronic Smoking Devices Ron Morrison, Mayor Amending NCMC 18.24.050 18.30.230, and 18.50 352 of 607 CC/CDC-HA Agenda 11/20/2018 — Page 353 The following page(s) contain the backup material for Agenda Item: Public Hearing and Introduction of an Ordinance of the City Council of the City of National City amending the National City Municipal Code by amending Chapter 9.37 (Prohibition of Smoking in Open Air Dining Areas), Chapter 9.38 (Restricting the sale, display and promotion of tobacco products or cigarettes to minors), and Chapter 10.52 (Regulations for the use of municipal parks, playgrounds and golf courses) related to electronic smoking devices. (Applicant: City -Initiated Land Use Amendment) (Case File 2018-23 A) (Planning) Please scroll down to view the backup material. 353 of 607 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 20, 2018 AGENDA ITEM NO. ITEM TITLE: Public Hearing and Introduction of an Ordinance of the City Council of the City of National City amending the National City Municipal Code by amending Chapter 9.37 (Prohibition of Smoking in Open Air Dining Areas), Chapter 9.38 (Restricting the sale, display and promotion of tobacco products or cigarettes to minors), and Chapter 10.52 (Regulations for the use of municipal parks, playgrounds and golf courses) related to electronic smoking devices. (Applicant: City -Initiated Land Use Amendment) (Case File 2018-23 A) PREPARED BY: Martin Reeder, AICPj DEPARTMENT: Planning.; PHONE: 1619-336-4313 I APPROVED BY: EXPLANATION: At the City Council meeting of September 18, 2018, the City Council initiated a Municipal Code Amendment related to the use of Electronic Smoking Devices. The subject was originally brought to the attention of the City Council and City staff by the American Lung Association ("Association"). The Association has suggested changes to four sections of the National City Municipal Code, including Chapter 9.37, 9.38, 10.52, and 18.50. The first three sections are under the sole purview of the City Council. Changes to Title 18 (Zoning) require a public hearing at and recommendation to the City Council by the Planning Commission, which is also in process. The attached background report describes the issues and suggested changes in detail. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Not a project per California Environmental Quality Act (CEQA) ORDINANCE: INTRODUCTION: IXI FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Introduce the Ordinance regulating the use of Electronic Smoking Devices. BOARD / COMMISSION RECOMMENDATION: n/a ATTACHMENTS: 1. Background Report. 2. Proposed Code changes 3. Ordinance 354 of 6071 BACKGROUND REPORT Staff Recommendation Staff recommends that the City Council introduce an Ordinance regulating the use of Electronic Smoking Devices. History At the City Council meeting of September 4, 2018, staff was asked to bring back an item for discussion related to the use of Electronic Smoking Devices. The subject was originally brought to the attention of the City Council and City staff by the American Lung Association ("Association"). The Association has suggested changes to four sections of the National City Municipal Code, including Chapter 9.37, 9.38, 10.52, and 18.50. The first three sections are under the sole purview of the City Council. Changes to Title 18 (Zoning) require a public hearing at and recommendation to the City Council by the Planning Commission. At the September 18, 2018 City Council meeting, the City Council initiated the Municipal Code Amendment related to the use of Electronic Smoking Devices. The Planning Commission held a public hearing at their meeting of October 15, 2018. Staff presented changes to Chapter 18.24 (Mixed -Use Corridor and District zones), Chapter 18.30.230 (Tobacco specialty shops), and Chapter 18.50 (Glossary). The Planning Commission recommended approval to the City Council of the changes, which are contained in a subsequent related item. Overview The Association has suggested changes to three non -land use sections of the National City Municipal Code, including Chapter 9.37, 9.38, and 10.52, which are summarized as follows: Chapter 9.37 — Prohibition of Smoking in Open Air Dining Areas. • Deleted existing definitions and replaced with recommended definitions from the California Business and Professions Code (please note that the language would apply to marijuana use as well). Chapter 9.38 — Restricting the sale, display and promotion of tobacco products or cigarettes to minors. • Deleted existing definitions and replaced with recommended definitions from the California Business and Professions Code. • In section 9.38.050 (exceptions to 9.38.050) changed the age from 18 to 21 years to reflect state law. • In section 9.38.080 (signage) changed the age from 18 to 21 years to reflect state law and added language describing the exception for active duty military personnel who are at least 18 years old. Attachment 1 355 of 607 Chapter 10.52 — Regulations for the use of municipal parks, playgrounds and golf courses. ® No definitions were found for this chapter. Revised the regulatory language in 10.42.010 HH to reflect new definitions used elsewhere in municipal code. As these three sections are under the sole purview of the City Council, no recommendation by the Planning Commission was obtained. Proposed Changes The existing and proposed language is contained in this section. Staff is supportive of all of the proposed changes, as the language reflects the State Business and Professions (B & P) Code. It should be noted that these changes will have no effect in the Coastal Zone until the Local Coastal Plan is amended. Chapter 9.37 — Prohibition of Smoking in Open Air Dining Areas 9.37.010 - Definitions. Existing Language: D. "Smoking" means possessing a lighted tobacco product, lighted tobacco paraphernalia, or any other lighted weed or plant, including but not limited to a lighted pipe, lighted hookah pipe, lighted cigar, or lighted cigarette of any kind, or the lighting of a tobacco product, tobacco paraphernalia, or any other weed or plant, including but not limited to a pipe, a hookah pipe, cigar, or cigarette of any kind. Proposed Language: D. `Smoking" means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. "Smoking" includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking. E. "Tobacco product" means any of the following: 1. A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other 2 356 of 607 means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff. 2. An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah. 3. Any component, part, or accessory of a tobacco product, whether or not sold separately. F "Tobacco product" does not include a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose. Chapter 9.38 — Restricting the sale, display and promotion of tobacco products or cigarettes to minors. Section 9.38.050 — Exceptions to location of tobacco products and tobacco advertising displays inside retail establishments. Deletions noted as strikethrough. Additions noted in bold. A. Section 9.38.040 does not apply to commercial establishments where access to the premises by persons under cightccn twenty-one years of age is prohibited by law. Section 9.38.080 — Posting of signs regarding tobacco products and cigarette sales to minors. Deletions noted as ctrikethr. Additions noted in bold. A. Every tobacco retailer shall post conspicuously in their place of business at each point of purchase a notice stating that the sale of tobacco products and cigarettes to persons under n twenty-one years of age is prohibited by law and subject to penalties, except for US Armed Forces active duty personnel with military ID who are at least 18 years of age. The notice shall also state that photo identification is required to purchase tobacco products and cigarettes. The letters of the sign shall be at least one-half inch in height. Chapter 10.52 - Regulations for the use of municipal parks, playgrounds and golf courses. Deletions noted as ctrikcthrough. Additions noted in bold. 3 357 of 607 Section 10.52.010 - Prohibited activities. No person shall engage in any of the following acts within the premises of any city park, playground, golf course, or recreation facility: HH. Except in any golf course, smoke any tobacco products posses a lighteEl or burning tobacco product or tobacco relayed product, including but not limited to cigars, cigarettes and pipes; use, ,ins!- #ewing of tobacco or tobacco related products; or dispose of any lighted or unligh-ted tobacco or tobacco related product in any place other than a designated waste disposal container. Planning Commission The Planning Commission held a public hearing on the proposed amendments at their meeting of October 15, 2018 and recommended approval to the City Council of the amendments. Summary The Association is recommending changes to the City's Municipal Code related to the use of Electronic Smoking Devices. Staff is supportive of changes to Titles 9 and 10 (Chapter 9.37, 9.38, and 10.52) of the Municipal Code and recommends that the City Council introduce the attached Ordinance. If introduced, the Amendment will be brought back to the City Council for adoption at a subsequent meeting. Options 1. Approve the amendments to the Municipal Code, based on the attached findings and introduce the Ordinance; or 2. Deny the amendments to the Municipal Code and file the report; or, 3. Continue the item to a specific date for additional information and/or analysis. 4 358 of 607 Proposed Code changes Deleted language Proposed language Chapter 9.37 - Prohibition of Smoking in Open Air Dining Areas 9.37.010 - Definitions. D. "Sm-eking" means possessing a lighted tobacco product, lighted tobacco paraphernalia, or any other lighted weed or plant, including bu + nn+ rmited-tee a lighted pipe, lighted hookah pipe, lighted cigar, or l+g-h-tcd cigarette of any kind, or the Iig-h-tin-g-of a to ^IVV plant, including but not li ' ah pipe, cigar, or eig-a-rett� -k+nd "Smoking" means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. `Smoking" includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking. "Tobacco product" means any of the following: 1. A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff. An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah. 3. Any component, part, or accessory of a tobacco product, whether or not sold separately. F "Tobacco product" does not include a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose. Attachment 2 5 359 of 607 Chapter 9.38 — Restricting the sale, display and promotion of tobacco products or cigarettes to minors. Section 9.38.050 — Exceptions to location of tobacco products and tobacco advertising displays inside retail establishments. A. Section 9.38.040 does not apply to commercial establishments where access to the premises by persons under einh twenty-one years of age is prohibited by law. Section 9.38.080 — Posting of signs regarding tobacco products and cigarette sales to minors A. Every tobacco retailer shall post conspicuously in their place of business at each point of purchase a notice stating that the sale of tobacco products and cigarettes to persons under ightcen twenty-one years of age is prohibited by law and subject to penalties, except for US Armed Forces active duty personnel with military ID who are at least 18 years of age. The notice shall also state that photo identification is required to purchase tobacco products and cigarettes. The letters of the sign shall be at least one-half inch in height. Chapter 10.52 - Regulations for the use of municipal parks, playgrounds and golf courses. Section 10.52.010 - Prohibited activities. No person shall engage in any of the following acts within the premises of any city park, playground, golf course, or recreation facility: HH. Except in any golf course, smoke any tobacco products psssccs a lighted or burning tobacco pN,-sdu^ct--o-r tobacco related product, ,cf g b t no t � i mitod to cigars, cigarettesra-rid pipes s n n chewing ^f toba^cer tobacco related products: or dispose of any lighted or—u-nigh-t d tobacco or tobacco rel-ate4 product in any place other than a designated waste disposal container. 6 360 of 607 ORDINANCE NO. 2018 — ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 9.37 (PROHIBITION OF SMOKING IN OPEN AIR DINING AREAS), CHAPTER 9.38 (RESTRICTING THE SALE, DISPLAY, AND PROMOTION OF TOBACCO PRODUCTS OR CIGARETTES TO MINORS), AND CHAPTER 10.52 (REGULATIONS FOR THE USE OF MUNICIPAL PARKS, PLAYGROUNDS AND GOLF COURSES) RELATED TO ELECTRONIC SMOKING DEVICES 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, National City Municipal Code Chapters 9.37, 9.38, and 10.52 currently regulate tobacco product use and prohibits smoking in certain public areas but does not encompass the use of electronic smoking devices; and WHEREAS, electronic smoking devices or "e-cigarettes" are battery -operated devices designed to deliver nicotine, flavors, and other substances through a vapor inhaled by the user; and WHEREAS, during the past several years the popularity of electronic smoking devices, including electronic cigarettes or "e-cigarettes", in this country has grown exponentially; and WHEREAS, while relatively new, there are several studies that have determined that there are significant health concerns related to electronic smoking devices and vaping, including at least one study that shows secondhand aerosol exhaled by users contains nicotine and toxins causing potentially harmful effects from passive inhalation of the vapors on bystanders; and WHEREAS, the use of electronic smoking devices in locations where other types of cigarettes, pipes, and cigars are prohibited may cause confusion and uncertainty, and make it more difficult to enforce bans on smoking; and WHEREAS, California state law prohibits the sale of electronic smoking devices to minors; and WHEREAS, the City Council of the City of National City desires to amend the National City Municipal Code as it regulates and prohibits smoking and the use of tobacco products in Chapters 9.37, 9.38, and 10.52 to include electronic smoking devices and other similar devices in order to promote a smoke free environment for its citizens and visitors in the City. WHEREAS, pursuant to the terms and provisions of the California Government Code, proceedings were duly initiated for the amendment of the National City Municipal Code (NCMC). 361 of 607 NOW, THEREFORE, the City Council does ordain as follows: Section 1. All protests, if any, against said amendment to the Municipal Code and each of them be and hereby are denied and overruled. Section 2. That Subsection 9.37.010 (D) of the National City Municipal Code is amended to read as follows: 9.37.010 Definitions. D. "Smoking" means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. "Smoking" includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking. Section 3. That Section 9.37.010 of the National City Municipal Code is amended to add subsections (E) and (F) as follows: E. "Tobacco product" means any of the following: 1. A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff. 2. An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah. 3. Any component, part, or accessory of a tobacco product, whether or not sold separately. F. "Tobacco product" does not include a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose. Section 4. That Section 9.38.050 of the National City Municipal Code is amended to read as follows: Section 9.38.050 Exceptions to location of tobacco products and tobacco advertising displays inside retail establishments. A. Section 9.38.040 does not apply to commercial establishments where access to the premises by persons under twenty-one years of age is prohibited by law. B. Section 9.38.040A does not apply within any establishment to displays containing tobacco products which are not accessible and visible to patrons, or to displays located above, behind or below a sales counter and which Ordinance No. 2018- 2 Amending NCMC December , 2018 Titles 9 and 10 362 of 607 are not accessible to patrons. Any display containing tobacco products shall not be used as an "advertising display" as defined in Section 9.38.020. Section 5. That Section 9.38.080 of the National City Municipal Code is amended to read as follows: Section 9.38.080 Posting of signs regarding tobacco products and cigarette sales to minors. A. Every tobacco retailer shall post conspicuously in their place of business at each point of purchase a notice stating that the sale of tobacco products and cigarettes to persons under twenty-one years of age is prohibited by law and subject to penalties, except for United States Armed Forces active duty personnel with military ID who are at least 18 years of age. The notice shall also state that photo identification is required to purchase tobacco products and cigarettes. The letters of the sign shall be at least one-half inch in height. B. Any sign meeting the content requirements of California Business and Professional Code Section 22952(b) and regulations promulgated thereunder, and the posting requirements of California Penal Code Section 308(c), satisfies subsection "A" of this section. Section 6 That Subsection 10.52.010 (HH) of the National City Municipal Code is amended to read as follows: HH. Except in any golf course, smoke any tobacco products or dispose of any tobacco product in any place other than a designated waste disposal container. PASSED and ADOPTED this day of December, 2018. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Ordinance No. 2018- 3 Amending NCMC December , 2018 Titles 9 and 10 363 of 607 CC/CDC-HA Agenda 11/20/2018 — Page 364 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the City Manager to execute a Purchase and Sale Agreement and Joint Escrow Instructions for the sale of a 500 square foot parcel of vacant land located along "A" Avenue in front of 1835 "A" Avenue in National City to the Betty Winona McLintock Revocable Trust. (Housing & Economic Development) Please scroll down to view the backup material. 364 of 607 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 20, 2018 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the City Manager to execute a Purchase and Sale Agreement and Joint Escrow Instructions for the sale of a 500 square foot parcel of vacant land located along "A" Avenue in front of 1835 "A" Ave in National City to the Betty Winona McLintock Revocable Trust. PREPARED BY: Gregory Rose, Property Agent PHONE: 619.336.4266 EXPLANATION: There is a strip of City -owned property ("Property") along "A" Avenue running between the sidewalk and owners property line (APN 560-210-44) that is 10 feet wide and 165 long fronting three privately owned lots (See Attachment 3). In 1959 the City Council closed and vacated the property as a public street. The Betty Winona McLintock Revocable Trust ("Buyer"), owner of 1835 "A" Avenue, has requested the purchase of a 50 foot strip of the Property which totals 500 sq.ft. in front of the Buyer's lot. The Buyer approached Engineering to create a separate legal parcel ("Parcel") that could be split from the other two portions of the Property. The parcel was appraised on 4/16/2016 for $4,000. At the time of the appraisal the owner agreed to pay the appraised value and has also agreed all escrow and closing fees up to $2,000. The City has issued a separate legal description for the Parcel to be sold. DEPARTMENT: Housing & Economic APPROV FINANCIAL STATEMENT: APPROVED: G finance ACCOUNT NO. APPROVED: MIS The proceeds from the sale ($4,000.00) will go to the Sales of Real Property Account. Account # 001- 00000-3601. ENVIRONMENTAL REVIEW: Approval of the property transfer is not a "Project" under section 15378 of the California Environmental Quality Act ("CEQA") guidelines because the proposed action consists of an administrative activity that will not result in direct or indirect physical changes to the environment. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Purchase and Sale Agreement 2. Property Appraisal 3. Plat Map 4. Resolution 365 of 6071 Attachment No. 1 REAL PROPERTY PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS A Avenue, National City, CA This REAL PROPERTY PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS ("Agreement") is dated as of November 20, 2018, and is entered into by and between the CITY OF NATIONAL CITY, a California municipal corporation ("City" or "Seller"), and the Betty Winona McLintock Revocable Trust ("Buyer"). RECITALS WHEREAS, Seller owns the fee interest in that certain real property generally located along "A" Avenue, National City, California 91950, legally described and depicted in Exhibit A attached hereto and made a part hereof ("Property"). WHEREAS, Seller desires to cause the sale, assignment and transfer of its interest in and to the Property to Purchaser on the Closing Date (as hereinafter defined), in accordance with the terms and provisions of this Agreement, and Purchaser desires to purchase the Property from Seller on the Closing Date, upon the terms more particularly set forth in this Agreement; AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto covenant and agree as follows: TERMS AND CONDITIONS 1. DEFINITIONS 1.1 Definitions. The following words, terms and phrases are used in this Agreement with the following meanings, unless the particular context or usage of a word, term or phrase requires another interpretation: 1.1.1 Agreement. This Real Property Purchase and Sale Agreement and Joint Escrow Instructions by and between Seller and Buyer, including all of the attached Exhibits. 1.1.2 Approval. Any approval, consent, certificate, ruling, authorization, or amendment to any of the foregoing, as shall be necessary or appropriate under any Law to complete the purchase and sale ofthe Property. 1.1.3 Bankruptcy Law. Title 11 of the United State Code or any other or successor State or Federal statute relating to assignment for the benefit ofcreditors, appointment ofareceiver ortrustee, bankruptcy, composition, insolvency, moratorium, reorganization, or similar matters. 366 of 607 Attachment No. 1 1.1.4 Banlrxuptcy Proceeding. Any proceeding, whether voluntary or involuntary, under any Bankruptcy Law. 1.1.5 Business Day. Any weekday on which the Seller is open to conduct regular governmental functions. 1.1.6 Buyer. Betty Winona McLintock Revocable Trust, and any permitted assignee of or successor to the rights, powers, or responsibilities of Buyer under this Agreement. 1.1.7 Buyer Title Policy. A standard CLTA owners' policy of title insurance issued by the Title Company, with coverage in the amount of the Purchase Price, showing title to the Property vested in Buyer, subject to Permitted Exceptions. 1.1.8 CEQA. The California Environmental Quality Act, Public Resources Code Section 21000, etseq. and implementing regulations contained in Title 14, Chapter 3, Section 15000, etseq. of the California Code ofRegulations. 1.1.9 CEQA Documents. Any exemption detennination, any Negative Declaration (mitigated or otherwise) or any Environmental Impact Report (including any addendum or amendment to, or subsequent or supplemental Environmental Impact Report) required or permitted by any Government, pursuant to CEQA, to issue any discretionary Approval required to approve this Agreement. 1.1.10 City or Seller. The City of National City, a California municipal corporation, and any permitted assignee of or successor to the rights, powers, or responsibilities of Seller under this Agreement. 1.1.11 City Manager. The City Manager of Seller or her designee or successor in function. 1.1.12 Claim. Any claim, loss, cost, damage, expense, liability, lien, action, cause of action (whether in tort, contract, under statute, at law, in equity or otherwise), charge, award, assessment, fine or penalty of any kind (including consultant and expert fees and expenses and investigation costs of whatever kind or nature and, if an Indemnitor improperly fails to provide a defense for an Indernnitee, then Legal Costs of the Indemnitee) and any judgment. 1.1.13 Close of Escrow. The first date on which the Escrow Agent has filed the Grant Deed with the County for recording in the official records of the County. 1.1.14 Control. Possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a Person, whether by ownership or Equity Interests, by contract or otherwise. Default. 1.1.15 County. The County of San Diego, California. 1.1.16 Default. An Escrow Default, a Monetary Default, or a Non -Monetary 1.1.17 Default Interest. Interest at an annual rate equal to the lesser of (a) eight Page 1 of 29 A Avenue Purchase & Sale Agreement 367 of 607 Attachment No. 1 percent (8%) per annum; or (b) the Usury Limit. 1.1.18 Deposit. Four hundred and No/100 Dollars ($400.00). 1.1.19 Due Diligence Materials. All of the following: (a) the Preliminary Report; (b) any and all environmental reports relating to the Property in the possession of Seller; and (iii) copies of any and all material documents that pertain to the physical condition of the Property in the possession of Seller. 1.1.20 Due Diligence Period. The period of time commencing upon the Effective Date and expiring thirty (30) days thereafter. 1.1.21 Effective Date. Defined in Section 2 of this Agreement. 1.1.22 Environmental Claim. Any and all claims, demands, damages, losses, liabilities, obligations, penalties, fines, actions, causes of action, judgments, suits, proceedings, costs, disbursements or expenses, including Legal Costs and fees and costs of environmental consultants and other experts, and all foreseeable and unforeseeable damages or costs of any kind or of any nature whatsoever, directly or indirectly, relating to or arising from any actual or alleged violation of any Environmental Law or Hazardous Substance Discharge, 1.1.22 Environmental Laws. All Federal, State, local (including City) laws, miles, orders, regulations, statutes, ordinances, codes, decrees, or requirements of any Government authority, now in effect or enacted after the Effective Date of this Agreement, regulating, relating to, or imposing liability or standards of conduct concerning any Hazardous Substance, the regulation or protection of the environment, including ambient air, soil, soil vapor, groundwater, surface water, or land use or pertaining to occupational health or industrial hygiene or occupational or environmental conditions on, under or about the Property, as now or may at any later time be in effect, including the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA") [42 U.S.C. § 9601 etseq.]; the Resource Conservation and Recovery Act of 1976 ("RCRA") [42 U.S.C. § 6901 et seq.]; the Clean Water Act, also known as the Federal Water Pollution Control Act ("EWPCA") [33 U.S.C. § 1251 etseq.]; the Toxic Substances Control Act ("TSCA") [15 U.S.C. § 2601 etseq.]; the Hazardous Materials Transportation Act ("HMTA") [49 U.S.C. § 1801 et seq.]; the Insecticide, Fungicide, Rodenticide Act [7 U.S.C. § 6901 etseq.]; the Clean Air Act [42 U.S.C. § 7401 etseq.]; the Safe Drinking Water Act [42 U.S.C. § 300f et seq.]; the Solid Waste Disposal Act [42 U.S.C. § 6901 et seq.]; the Surface Mining Control and Reclamation Act [30 U.S.C. § 101 et seq.]; the Emergency Planning and Community Right to Know Act [42 U.S.C. § 11001 et seq.]; the Occupational Safety and Health Act [29 U.S.C. §§ 655 and 657]; the California Underground Storage of Hazardous Substances Act [California Health and Safety Code § 25300 et seq.]; the California Safe Drinking Water and Toxic Enforcement Act [California Health and Safety Code § 24249.5 et seq.]; or the Porter -Cologne Water Quality Act [California Water Code § 13000 et seq.]; together with any regulations promulgated under the authorities referenced in this Section. 1.1.23 Equity Interest. All or any part of any direct equity or ownership interest(s) (whether stock, partnership interest, beneficial interest in a trust, membership interest in a limited liability company, or other interest of an ownership or equity nature) in any entity, at any tier of ownership, that directly owns or holds any ownership or equity interest in a Person. Page 2 of 29 A Avenue Purchase & Sale Agreement 368 of 607 Attachment No. 1 1.1.24 Escrow. An escrow, as defined in California Civil Code Section 1057 and California Financial Code Section 17003(a), that is conducted by the Escrow Agent with respect to the sale of the Property from Seller to Buyer pursuant to this Agreement. 1.1.25 Escrow Agent. Carla Burchard, Stewart Title of California, Inc., or such other Person mutually agreed upon in writing by both Seller and Buyer. 1.1.26 Escrow Closing Date. Subject to the immediately following paragraph and subject to satisfaction (or waiver by the benefited Party or Parties) of all of the conditions to closing set forth in Sections 4.4 and 4.5, unless extended by the Parties as set forth in Section 4.9 below, the Escrow Closing Date shall occur on or before sixty (60) days following the Effective Date. 1.1.27 Escrow Closing Statement. A statement prepared by the Escrow Agent indicating, among other things, the Escrow Agent's estimate of all funds to be deposited or received by Seller or Buyer, respectively, and all charges to be paid by Seller or Buyer, respectively, through the Escrow, 1.1.28 Escrow Default. The unexcused failure of a Party to submit any document or funds to the Escrow Agent as reasonably necessary to close the Escrow, pursuant to the terms and conditions of this Agreement. 1.1.29 Escrow Opening Date. The first date on which a copy of this Agreement, signed by both Seller and Buyer, is deposited with the Escrow Agent, as provided in Section 3.1 of this Agreement. 1.1.30 Event of Default. The occurrence of any one or more of the following: (a) Monetary Default. A Monetary Default that continues for fifteen (15) calendar days after Notice to the Party in Default, specifying in reasonable detail the amount of money not paid and the nature and calculation of each such amount or the bond, surety, or insurance not provided; (b) Escrow Closing Default. An Escrow Default that continues for seven (7) calendar days after Notice to the Party in Default, specifying in reasonable detail the document or funds not submitted to the Escrow Agent; (c) Bankruptcy or Insolvency. Buyer admits in writing that Buyer is unable to pay Buyer's debts as they become due or Buyer becomes subject to any Bankruptcy Proceeding, or a custodian or trustee is appointed to take possession of, or an attachment, execution or other judicial seizure is made with respect to, substantially all of Buyer's assets or Buyer's interest in this Agreement or the Property; (d) Transfer. The occurrence of a Transfer, whether voluntarily or involuntarily or by operation of Law, in violation of the terms or conditions or this Agreement; (e) Non -Monetary Default. Any Non -Monetary Default, other than those specifically addressed in Subsections (c) or (d) above, that is not cured within fifteen (15) Page 3 of 29 A Avenue Purchase & Sale Agreement 369 of 607 Attachment No. 1 calendar days after Notice to the Party in Default describing the Non -Monetary Default in reasonable detail. In the case of such a Non -Monetary Default that cannot with reasonable diligence be cured within fifteen (15) calendar days after the effective date of such Notice, an Event of Default shall occur, if the Party in Default does not do all of the following: (a) within fifteen (15) calendar days after Notice of such Non -Monetary Default, advise the other Party of the intention of the Party in Default to take all reasonable steps to cure such Non -Monetary Default; (b) duly commence such cure within such fifteen (15) calendar day period; and (c) diligently prosecute such cure to completion within a reasonable time under the circumstances. 1.1.31 Federal. The federal government of the United States of America. 1.1.32 FIRPTA Affidavit. A certification that Seller is not a "foreign person" within the meaning of such term under Section 1445 of the United States Internal Revenue Code. 1.1.33 Form 593. A California Franchise Tax Board Form 593-C. 1.1.34 Government. Any and all courts, boards, agencies, commissions, offices, or authorities of any nature whatsoever of any governmental unit (Federal, State, County, district, municipal, City or otherwise) whether now or later in existence. It is acknowledged that Seller is a form of Government. 1.1.36 Grant Deed. A grant deed conveying Seller's interest in the Property from Seller to Buyer, at the Close of Escrow, substantially in the form of Exhibit "B" attached to this Agreement and incorporated herein by this reference. 1.1.37 Hazardous Substance. Any flammable substance, explosive, radioactive material, asbestos, asbestos -containing material, polychlorinated biphenyl, chemical known to cause cancer or reproductive toxicity, pollutant, contaminant, hazardous waste, medical wastes, toxic substance or related material, petroleum, petroleum product and any "hazardous" or "toxic" material, substance or waste that is defined by those or similar terms or is regulated as such under any Law, including any material, substance or waste that is: (a) defined as a "hazardous substance" under Section 311 of the Water Pollution Control Act (33 U.S.C. § 1317), as amended; (b) designated as "hazardous substances" pursuant to 33 U.S.C. § 1321; (c) defined as a "hazardous waste" under Section 1004 of the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., as amended; (d) defined as a "hazardous substance" or "hazardous waste" under Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by the Superfund Reauthorization Act of 1986, 42 U.S.C. § 9601 et seq., or any so-called "superfund" or "superlien" law; (e) defined as a "pollutant" or "contaminant" under 42 U.S.C. § 9601(33); (f) defined as "hazardous waste" under 40 C.F.R. Part 260; (g) defined as a "hazardous chemical" under 29 C.F.R. Part 1910; (h) any matter within the definition of "hazardous substance" set forth in 15 U.S.C. § 1262; (i) any matter, waste or substance regulated under the Toxic Substances Control Act ("TSCA") [15 U.S.C. Sections 2601 et seq.]; (j) any matter, waste or substance regulated under the Hazardous Materials Transportation Act, 49 U.S.C. Sections 1801 et seq.; (k) those substances listed in the United States Department of Transportation (DOT) Table [49 C.F.R. 172.101]; (1) any matter, waste or substances designated by the EPA, or any successor authority, as a hazardous substance [40 C.F.R. Part 302]; (m) defined as "hazardous waste" in Section 25117 of the California Health and Safety Code; (n) defined as a "hazardous substance" in Section 25316 of the California Health Page 4 of 29 A Avenue Purchase & Sale Agreement 370 of 607 Attachment No. 1 and Safety Code; (o) subject to any other Law regulating, relating to or imposing obligations, liability or standards of conduct concerning protection of human health, plant life, animal life, natural resources, property or the enjoyment of life or property free from the presence in the environment of any solid, liquid, gas, odor or any form of energy from whatever source; or (p) that is or becomes regulated or classified as hazardous or toxic under Law or in the regulations adopted pursuant to Law. 1.1.38 Hazardous Substance Discharge. Any deposit, discharge, generation, release or spill of a Hazardous Substance that occurs at, on, under, into or from the Property, or during transportation of any Hazardous Substance to or from the Property, or that arises at any time from any construction, installation, use or operation or other activities conducted at, on, under or from the Property, whether or not caused by a Party. 1.1.39 Indemnify. Where this Agreement states that any Indemnitor shall "indemnify" any Indemnitee from, against, or for a particular Claim, that the Indemnitor shall indemnify the Indemnitee and protect, defend and hold the Indemnitee harmless from and against such Claim (alleged or otherwise). "Indemnified" shall have the correlative meaning. 1.1.40 Indemnitee. Any Person entitled to be Indemnified under the terms of this Agreement. 1.1.41 Indemnitor. A Party that agrees to Indemnify any other Person under the terms of this Agreement. 1.1.42 Law. Every law, ordinance, requirement, order, proclamation, directive, rule or regulation of any Government applicable to the Property, in any way, including relating to any development, construction, use, maintenance, taxation, operation, occupancy of or environmental conditions affecting the Property or otherwise relating to this Agreement or any Party's rights, obligations or remedies under this Agreement, or any Transfer of any of the foregoing, whether in force on the Effective Date or passed, enacted, modified, amended or imposed at some later time, subject in all cases, however, to any applicable waiver, variance or exemption. 1.1.43 Legal Costs. In reference to any Person, all reasonable costs and expenses such Person incurs in any legal proceeding or other matter for which such Person is entitled to be reimbursed for its Legal Costs, including reasonable attorneys' fees, court costs and expenses and consultant and expert witness fees and expenses, 1.1.44 Lender. The holder of any Security Instrument and the successors and assigns of such holder. 1.1.45 Monetary Default. Any failure by either Party to pay or deposit, when and as this Agreement requires, any amount of money, bond, surety or evidence of any insurance coverage required to be provided under this Agreement, whether to or with a Party or a Third Person. 1.1.46 Non -Monetary Default. The occurrence of any of the following, except to the extent constituting a Monetary Default or an Escrow Default: (a) any failure of a Party to Page 5 of 29 A Avenue Purchase & Sale Agreement 371 of 607 Attachment No. 1 perform any of such Party's obligations under this Agreement; (b) any failure of a Party to comply with any material restriction or prohibition in this Agreement; or (c) any other event or circumstance that, with passage of time or giving of Notice, or both, would constitute a breach of this Agreement by a Party. 1.1.47 Notice. Any consent, demand, designation, election, notice, or request relating to this Agreement, including any Notice of Default. All Notices must be in writing. 1.1.48 Notice of Default. Any Notice claiming or giving Notice of a Default. 1,1.49 Notify. To give allotice. 1.1.50 Parties. Collectively, Seller and Buyer. 1.1.51 Party. Individually, either Seller or Buyer, as applicable. 1.1.52 Permitted Exception. All of the following: (a) the printed exceptions and exclusions in the Buyer Title Policy; (b) all items shown in the Preliminary Report as exceptions to coverage under the proposed Buyer Title Policy approved by Buyer, or deemed approved by Buyer, as provided in 3.3.3 below; (c) any lien for non -delinquent property taxes or assessments; (d) any Laws applicable to the Property; (d) this Agreement; (e) any existing improvements on the Property; (f) any Approval; (g) any other document or encumbrance expressly required or allowed to be recorded against the Property pursuant to the terms of this Agreement; and (h) all covenants, conditions, restrictions, reservations, rights, rights of way, easements, encumbrances, liens and other matters of record or that would be disclosed by an accurate inspection or survey of the Property. 1.1.55 Person. Any association, corporation, governmental entity or agency, individual, joint venture, joint-stock company, limited liability company, partnership, trust, unincorporated organization or other entity of any kind. 1.1.56 Preliminary Report. A preliminary report issued by the Title Company in contemplation of the issuance of the Buyer Title Policy, accompanied by the best available copies of all documents listed in the preliminary report as exceptions to coverage under the proposed Buyer Title Policy. 1.1.57 Property. That certain real property specifically described in Exhibit "A" attached to this Agreement and incorporated herein by this reference. 1.1.58 Purchase Price. Four Thousand andNo/100 Dollars ($4,000.00), which is the fair market value of the Property as of April 16, 2016, pursuant to that certain appraisal report conducted by George Hatch of George Hatch Appraisals. 1.1.59 Real Estate Taxes. All general and special real estate taxes (including taxes on fixtures and equipment, sales taxes, use taxes and the like), supplemental taxes, possessory interest taxes, special taxes imposed pursuant to a special taxing district, assessments, municipal water and sewer rents, rates and charges, excises, levies, license and permit fees, fines, penalties and other governmental charges and any interest or costs with respect thereto, general Page 6 of 29 A Avenue Pivahase & Sale Agreement 372 of 607 Attachment No. 1 and special, ordinary and extraordinary, foreseen and unforeseen, of any kind or nature whatsoever regarding the Property that may be assessed, levied, imposed upon, or become due and payable out of or in respect of, or charged with respect to or become a lien on, the Property. 1.1.60 Seller Parties. Collectively, the Seller, the Seller's governing body, and the Seller's elected officials, employees, agents and attorneys. 1.1.61 State. The State of California. 1.1.62 Third Person. Any Person that is not a Party, an Affiliate of a Party or an elected official, officer, director, manager, shareholder, member, principal, partner, employee or agent of a Party. 1.1.63 Title Company. Stewart Title of California, Inc., or such other Person mutually agreed upon in writing by both Seller and Buyer. 1.1.64 Transfer. Regarding any property, right or obligation, any of the following, whether by operation of Law or otherwise, whether voluntary or involuntary, and whether direct or indirect: (a) any assigmnent, conveyance, grant, hypothecation, mortgage, pledgee, sale, or other transfer, whether direct or indirect, of all or any part of such property, right or obligation, or of any legal, beneficial, or equitable interest or estate in such property, right or obligation or any part of it (including the grant of any easement, lien, or other encumbrance); (b) any conversion, exchange, issuance, modification, reallocation, sale, or other transfer of any Equity Interest(s) in the owner of such property, right or obligation by the holders of such Equitylnterest(s); or (c) any transaction that is in substance equivalent to anyofthe foregoing. A transaction affecting Equity Interests, as referred to in clauses (b) or (c) above of this Section, shall be deemed a Transfer by Buyer, even though Buyer is not technically the transferor. A "Transfer" shall not, however, include any ofthe following (providedthatthe other Patty has receivedNotice of such occurrence) relatingtothe Property or any Equity Interest: (i) a mere change in the form of ownership with no material change in beneficial ownership and constitutes atax-freetransactionunderFederalincometax law and the State real estate transfer tax law; (ii) a conveyance only to member(s) of the immediate family(ies) of the transferor(s) or trusts for their benefit; or (iii) a conveyance only to a Person that, as of the Effective Date, holds an Equity Interest in the entity whose Equity Interest is being transferred. 1.1.65 Unavoidable Delay. A delay in either Party performing any obligation under this Agreement arising from or on account of any cause whatsoever beyond the Party's reasonable control, including strikes, labor troubles or other union activities, casualty, war, acts of terrorism, riots, litigation, governrnental action or inaction, regional natural disasters or inability to obtain required materials. Unavoidable Delay shall not include delay caused by a Party's financial condition or insolvency. 1.1.66 Usury Limit. The highest rate of interest, if any, that Law allows under the circumstances. 2. EFFECTIVE DATE This Agreement shall become effective on the date on which both of the following have occurred ("Effective Date"): (a) Seller has received three (3) counterpart originals of this Agreement signed by the authorized representative(s) of Buyer; and (b) this Agreement has been approved by Seller's governing Page 7 of 29 A Avenue Purchase & Sale Agreement 373 of 607 Attachment No. 1 body and executed by Seller's City Manager. 3. PURCHASE AND SALE OF PROPERTY 3.1 Escrow. Seller shall sell and convey fee title to the Property to Buyer and Buyer shall purchase and acquire fee title to the Property from Seller, subject to the Permitted Exceptions and the terms and conditions of this Agreement. For the purposes of exchanging funds and documents to complete the sale of the Property from Seller to Buyer and the purchase of the Property by Buyer from Seller, pursuant to the terms and conditions of this Agreement, Seller and Buyer agree to open the Escrow with the Escrow Agent. The provisions of Section 4 of this Agreement are, and shall constitute, the joint escrow instructions of the Parties to the Escrow Agent for conducting the Escrow. 3.2 Consideration. Buyer shall purchase the Property from Seller for the Purchase Price, subject to the terms and conditions of this Agreement. Buyer shall deposit the Purchase Price into the Escrow, as follows: 3.2.1 Deposit. Upon the Escrow Opening Date, Buyer shall deposit the Deposit into the Escrow. The Deposit shall initially be refundable until the due diligence condition of Section 3.3 is satisfied, and thereafter shall be non-refundable unless this Agreement is thereafter terminated due to a Seller default, the failure of a Buyer's condition to Close of Escrow, a termination of this Agreement not due to Buyer's default, or as otherwise expressly provided in this Agreement. The Deposit shall be held in Escrow until the Close of Escrow and shall be applied to the Purchase Price. 3.2.2 Remaining Purchase Price. At lease one (1) Business Day before the Escrow Closing Date, Buyer shall deposit into the Escrow the amount of the Purchase Price less the amount of the Deposit. 3.3 Due Diligence. 3.3.1 To the extent in Seller's possession, immediately following the Effective Date Seller shall deliver to Buyer, without any representation or warranty by Seller, the Due Diligence Materials (except for the Preliminary Report, which shall be provided by the Title Company). 3.3.2 Prior to the expiration of the Due Diligence Period, Buyer shall have the right to review and approve or disapprove, in its discretion, at Buyer's sole cost and expense, any environmental reports, soils inspection, conditions of title, zoning, surveys, the Due Diligence Materials, and all other reports as Buyer may deem necessary or appropriate in connection with this Agreement. In the event Buyer finds the Property unsatisfactory for any reason, then prior to the expiration of the Due Diligence Period Buyer shall have the right to, by a writing delivered to Seller and Escrow Agent, terminate this Agreement and the Escrow created pursuant thereto, in which event Buyer shall be entitled to the return of all monies previously deposited with Escrow Agent or released to Seller pursuant to this Agreement, and the Escrow and the rights and obligations of the Parties hereunder shall thereafter terminate and Buyer and Seller shall have no obligation to each other (except as otherwise set forth Page 8 of 29 A Avenue Purchase & Sale Agreement 374 of 607 Attachment No. 1 herein). 3.3.3 If, prior to the expiration of the Due Diligence Period, Buyer disapproves by a writing delivered to Seller any matters of title shown in the Preliminary Report, then Seller may, within fourteen (14) business days after its receipt of Buyer's notice of disapproval, elect in writing to eliminate or ameliorate to Buyer's satisfaction the disapproved title matters. Failure of Buyer to give disapproval of any matters of title shown in the Preliminary Report on or before the expiration of the Due Diligence Period shall be deemed to constitute Buyer's approval of all matters of title in the Preliminary Report. If Seller does not elect to eliminate or ameliorate to Buyer's satisfaction any disapproved matters of title shown in the Preliminary Report, then Buyer shall have the right to, by a writing delivered to Seller and Escrow Agent: (a) waive its prior disapproval, in which event the disapproved matters shall be deemed approved; or (ii) terminate this Agreement and the Escrow created pursuant thereto, in which event Buyer shall be entitled to the return of all monies previously deposited with Escrow Agent or released to Seller pursuant to this Agreement, and the Escrow and the rights and obligations of the Parties hereunder shall thereafter terminate and Buyer and Seller shall have no obligation to each other (except as otherwise set forth herein). 3.3.4 Upon the Effective Date of this Agreement until the expiration of the Due Diligence Period, subject to the provisions of this Section, Buyer may enter upon the Property to conduct any investigation, test, study or analysis related to the development of the Project. Buyer shall pay all costs with respect to such studies and tests and shall be solely responsible for the disposal of any soil samples (including any Hazardous Substance or other wastes in these samples), which obligation shall survive the termination of this Agreement. Buyer shall exercise due care, follow best commercial practices in connection with such entry and testing, and shall comply with all laws, ordinances, rules, regulations, orders and the like in connection with any entry onto or testing of the Property. Prior to any entry onto the Property, Buyer shall obtain and maintain, and shall require that its agents, consultants, contractors and representatives (collectively, the "Agents") to obtain and maintain in full force during the term of this Agreement, at Buyer's sole cost and expense, a policy of comprehensive liability insurance, including property damage, which will insure the City and its officers, members, employees and agents against liability for injury to persons, damage to property, and death of any person arising in connection with Buyer or its Agents entry upon the Property and/or conducting of tests or studies thereon. Prior to any entry onto the Property, the policy shall be approved in writing as to form and insurance (including approval of the insurance company) by the City. Buyer shall provide City with a copy of any insurance policy required hereunder, including an endorsement that states that the policy will not be cancelled except after thirty (30) days' notice in writing to City and names the additional insureds as required herein. Buyer shall provide City with evidence of such insurance coverage prior to any entry onto the Property by Buyer or its Agents. Following any such tests or studies, Buyer shall leave the Property in substantially similar condition as of the Effective Date of this Agreement, and Buyer shall indemnify, defend and hold harmless City and its officers, members, employees and agents and the Property from and against any liabilities, claims, damages (including injury or damage to person or property), losses, costs, expenses and fees (including reasonable attorneys' and experts' fees and costs) relating to or resulting from the entry, inspections and studies conducted by Buyer and its Agents on, under, or about the Property. The foregoing indemnity shall survive beyond the Closing, or, if the sale is not consummated, beyond the termination of this Agreement. Page 9 of 29 A Avenue Purchase & Salo Agreement 375 of 607 Attachment No. 1 3.3.5 If, prior to the expiration of the Due Diligence Period, Buyer disapproves of the condition of the Property, then Buyer shall have the right to, by a writing delivered to Seller and Escrow Agent, terminate this Agreement and the Escrow created pursuant thereto, in which event Buyer shall be entitled to the return of all monies previously deposited with Escrow Agent or released to Seller pursuant to this Agreement, and the Escrow and the rights and obligations of the Parties hereunder shall thereafter terminate and Buyer and Seller shall have no obligation to each other (except as otherwise set forth herein). 3.3.6 In the event of a termination of this Agreement pursuant to this Section, notwithstanding any other provision of this Agreement to the contrary, Buyer shall pay all escrow fees and costs. 3.4 "AS -IS" Acquisition. The Close of Escrow shall evidence Buyer's unconditional and irrevocable acceptance of the Property in the Property's AS IS, WHERE IS, SUBJECT TO ALL FAULTS CONDITION, AS OF THE CLOSE OF ESCROW, WITHOUT WARRANTY as to character, quality, performance, condition, title, physical condition, soil conditions, the presence or absence of fill, shoring or bluff stability or support, subsurface or lateral support, zoning, land use restrictions, the availability or location of utilities or services, the location of any public infrastructure on or off of the Property (active, inactive or abandoned), the suitability of the Property or the existence or absence of Hazardous Substances affecting the Property and with full knowledge of the physical condition of the Property, the nature of Seller's interest in and use of the Property, all laws applicable to the Property and any and all conditions, covenants, restrictions, encumbrances and all matters of record relating to the Property. The Close of Escrow shall further constitute Buyer's representation and warranty to Seller that: (a) Buyer has had ample opportunity to inspect and evaluate the Property and the feasibility of the uses and activities Buyer is entitled to conduct on the Property; (b) Buyer is relying entirely on Buyer's experience, expertise and Buyer's own inspection of the Property in the Property's current state in proceeding with acquisition of the Property; (c) Buyer accepts the Property in the Property's present condition; (d) to the extent that Buyer's own expertise with respect to any matter regarding the Property is insufficient to enable Buyer to reach an informed conclusion regarding such matter, Buyer has engaged the services of Persons qualified to advise Buyer with respect to such matters; (e) Buyer has received assurances acceptable to Buyer by means independent of Seller or Seller's agents of the truth of all facts material to Buyer's acquisition of the Property pursuant to this Agreement; and (f) the Property is being acquired by Buyer as a result of Buyer's own knowledge, inspection and investigation of the Property and not as a result of any representation made by Seller or Seller's agents relating to the condition of the Property, unless such statement or representation is expressly and specifically set forth in this Agreement. Seller hereby expressly and specifically disclaims any express or implied warranties regarding the Property. 3.5 Reservations. The approval of this Agreement by Seller shall not be binding on the City Council of the City or any commission, committee, board or body of the City regarding any other Approvals required by such bodies. No action by Seller with reference to this Agreement or any related documents shall be deemed to constitute issuance or waiver of any required Approvals regarding the Property or Buyer. 3.6 Non -Discrimination. Page 10 of 29 A Avenue Purchase & Sale Agreement 376 of 607 Attachment No. 1 3.6.1 Buyer herein covenants by and for itself, its heirs, executors, administrators and assigns, and all persons claiming under or through Buyer, that there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (rn) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Property, nor shall Buyer itself, or any person claiming under or through Buyer, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees of the Property. The foregoing covenants shall run with the land. 3.6.2 Buyer herein further covenants by and for itself, its heirs, executors, administrators and assigns, and all persons claiming under or through Buyer, that there shall be no discrimination on the basis of race, gender, religion, national origin, ethnicity, sexual orientation, age or disability in the solicitation, selection, hiring or treatment of any contractors or consultants, to participate in subcontracting/subconsulting opportunities. 3.6.3 Buyer understands and agrees that violation of any Subsection of this Section 3.6 shall be considered a material breach of this Agreement and may result in termination, debarment or other sanctions. 3.7 Form of Nondiscrimination and Nonsegregation Clauses. All deeds, leases or contracts made relative to the Property, improvements thereon, or any part thereof, shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: 3.7.1 (a) (1) In deeds: "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Property herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the Property herein conveyed. The foregoing covenants shall run with the land." (2) Notwithstanding paragraph (1), with respect to familial status, paragraph (1) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in paragraph (1) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall also apply to the above paragraph. Page 11 of 29 A Avenue Purchase & Sale Agreement 377 of 607 Attachment No. 1 3.7.2 (a) (1) In leases: "The Lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the Property herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the Property herein leased." (2) Notwithstanding paragraph (1), with respect to familial status, paragraph (1) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in paragraph (1) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to the above paragraph. 3.7.3 In contracts: "There shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Property, nor shall the grantee or transferee itself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees of the Property." 3.8 Effect and Duration of Covenants. The covenants established in this Agreement shall run with the land, without regard to technical classification and designation, and shall be for the benefit andin favor of and enforceable against the original Buyer, or if the Buyer is no longer the owner, then against its successors in interest, assigns and heirs. Unless set forth otherwise, the covenants described in Section 3.7 shall commence upon the Close of Escrow and shall be set forth and shall run for the time periods set forth in the applicable Grant Deed. 4. JOINT ESCROW INSTRUCTIONS 4.1 Opening of Escrow. The purchase and sale of the Property shall take place through the Escrow to be conducted by Escrow Agent. Escrow shall be deemed opened when a fully signed copy of this Agreement has been delivered to Escrow Agent. Escrow Agent shall confirm the Escrow Opening Date in writing to each of the Parties, with a copy of the Escrow Agent Consent signed by the authorized representative(s) of the Escrow Agent. 4.2 Escrow Instructions. This Section 4 constitutes the joint escrow instructions of the Parties to Escrow Agent for conduct of the Escrow for the purchase and sale of the Property, Page 12 of 29 A Avenue Purchase & Sale Agreement 378 of 607 Attachment No. 1 as contemplated by this Agreement. Buyer and Seller shall sign such further escrow instructions consistent with the provisions of this Agreement as may be reasonably requested by Escrow Agent. In the event of any conflict between the provisions of this Agreement and any further escrow instructions requested by Escrow Agent, the provisions of this Agreement shall control. 4.3 Escrow Agent Authority. Seller and Buyer authorize Escrow Agent to: 4.3.1 Charges. Pay and charge Seller and Buyer for their respective shares of the applicable fees, taxes, charges and costs payable by either Seller or Buyer regarding the Escrow; 4.3.2 Settlement/Closing Statements. Release each Parry's Escrow Closing Statement to the other Party; 4.3.3 Document Recording. File any documents delivered for recording through the Escrow with the office of the Recorder of the County for recordation in the official records of the County, pursuant to the joint instructions of the Parties; and 4.3.4 Counterpart Documents. Utilize documents signed by Seller or Buyer in counterparts, including attaching separate signature pages to one original of the same document. 4.4 Buyer's Conditions Precedent to Close of Escrow. Provided that the failure of any such condition to be satisfied is not due to a Default under this Agreement by Buyer, Buyer's obligation to purchase the Property from Seller on the Escrow Closing Date shall be conditioned upon the satisfaction or waiver (waivers must be in writing and signed by Buyer) of each of the following conditions on or before the Escrow Closing Date: 4.4.1 Title Policy. Title Company has agreed to issue the Buyer Title Policy to Buyer upon payment of Title Company's premium for such policy; 4.4.2 CEQA Documents. Adoption, approval or certification of the CEQA Documents by each applicable Government; 4.4.3 Seller Escrow Deposits. Seller deposits all of the items into Escrow required by Section 4.7 of this Agreement; 4.4.4 Settlement/Closing Statement. Buyer reasonably approves Buyer's Escrow Closing Statement; and 4.4.5 Seller Pre -Closing Obligations. Seller performs all of Seller's material obligations required to be performed by Seller pursuant to this Agreement prior to the Close of Escrow. 4.5 Seller's Conditions Precedent to Close of Escrow. Provided that the failure of any such condition to be satisfied is not due to a Default under this Agreement by Seller, Seller's obligation to sell the Property to Buyer on the Escrow Closing Date shall be conditioned upon the satisfaction or waiver (waivers must be in writing and signed by Seller) of each of the Page 13 of 29 A Avenue Purchase & Sale Agreement 379 of 607 Attachment No. 1 following conditions precedent on or before the Escrow Closing Date: 4.5.1 CEQA Documents. Adoption, approval or certification of the CEQA Documents by each applicable Government; 4.5.2 Buyer Escrow Deposits. Buyer deposits all of the items into Escrow required by Section 4.6 of this Agreement; 4.5.3 Settlement/Closing Statement. Seller reasonably approves Seller's Escrow Closing Statement; and 4.5.4 Title Policy. The Company has agreed to issue the Buyer Title Policy to Buyer upon payment of Title Company's premium for such policy; 4.5.5 Buyer Pre -Closing Obligations. Buyer performs all of Buyer's material obligations required to be performed by Buyer pursuant to this Agreement prior to Close of Escrow. 4.6 Buyer's Escrow Deposits. Buyer shall deposit the following items into Escrow and, concurrently, provide a copy of each document submitted into Escrow to Seller, at least one (1) Business Day prior to the Escrow Closing Date: 4.6.1 Closing Funds. All amounts required to be deposited into Escrow by Buyer under the terms of this Agreement to close the Escrow; 4.6.2 Certificate of Grant Deed Acceptance. The Certificate of Acceptance attached to the Grant Deed signed by Buyer in recordable form; 4.6.3 Escrow Closing Statement. The Buyer's Escrow Closing Statement signed by the authorized representative(s) of Buyer; and 4.6.4 Other Reasonable Items. Any other documents or funds required to be delivered by Buyer under the terms of this Agreement or as otherwise reasonably requested by Escrow Agent or Title Company in order to close the Escrow or comply with applicable Law that have not previously been delivered by Buyer. 4.7 Seller's Escrow Deposits. Seller shall deposit the following documents into Escrow and, concurrently, provide a copy of each document deposited into Escrow to Buyer, at least one (1) Business Day prior to the Escrow Closing Date: 4.7.1 Grant Deed. The Grant Deed signed by the authorized representative(s) of Seller in recordable form; 4.7.2 Escrow Closing Statement. The Seller's Escrow Closing Statement signed by the authorized representative(s) of Seller; 4.7.3 FIRPTA Affidavit. A F1RPTA affidavit signed by the authorized representative(s) of Seller, in the form used by the Escrow Agent; Page 14 of 29 A Avenue Purchase & Sale Agreement 380 of 607 Attachment No. 1 4.7.4 Form 593. A Form 593 signed by the authorized representative(s) of Seller; and 4.7.5 Other Reasonable Items. Any other documents or funds required to be delivered by Seller under the terms of this Agreement or as otherwise reasonably requested by Escrow Agent or Title Company in order to close the Escrow or comply with applicable Law that have not been previously delivered by Seller. 4.8 Closing Procedure. When each of Buyer's Escrow deposits, as set forth in Section 4.6 of this Agreement, and each of Seller's Escrow deposits as set forth in Section 4.7 of this Agreement, are deposited into Escrow, Escrow Agent shall request confirmation in writing from both Buyer and Seller that each of their respective conditions precedent to the Close of Escrow, as set forth in Sections 4.4 and 4.5, respectively, are satisfied or waived. Upon Escrow Agent's receipt of written confirmation from both Buyer and Seller that each of their respective conditions precedent to the Close of Escrow are satisfied or waived, Escrow Agent shall close the Escrow by doing all of the following: 4.8.1 Recording and Distribution of Documents. Escrow Agent shall cause the following documents to be filed with the Recorder of the County for recording in the official records of the County regarding the Property in the following order of priority at Close of Escrow: (a) the Grant Deed; and (b) any other documents to be recorded regarding the Property through the Escrow upon the joint instructions of the Parties. At Close of Escrow, Escrow Agent shall deliver conformed copies of all documents filed for recording with in the official records of the County through the Escrow to Seller, Buyer and any other Person designated in the written joint escrow instructions of the Parties to receive an original or conformed copy of each such document. Each conformed copy of a document filed for recording by Escrow Agent pursuant to this Agreement shall show all recording information. The Parties intend and agree that this Section 4.8.1 shall establish the relative priorities of the documents to be recorded in the official records of the County through the Escrow, by providing for recordation of senior interests prior to junior interests, in the order provided in this Section 4.8.1; 4.8.2 Funds. Distribute all funds held by the Escrow Agent pursuant to the Escrow Closing Statements approved in writing by Seller and Buyer, respectively; 4.8.3 FIRPTA Affidavit. File the FIRPTA Affidavit with the United States Internal Revenue Service; 4.8.4 Form 593. File the Form 593 with the California Franchise Tax Board; and 4.8.5 Title Policy. Obtain from the Title Company and deliver to Buyer the Buyer Title Policy issued by the Title Company, with a copy delivered to Seller. 4.9 Close of Escrow. The Close of Escrow shall occur on or before the Escrow Closing Date. The City Manager in his or her sole and absolute discretion, acting on behalf of the Seller, is authorized to agree to one or more extensions of the Escrow Closing Date on behalf of Seller up to a maximum time period extension of sixty (60) days in the aggregate outside Escrow Page 15 of 29 A Avenue Purchase & Sale Agreement 381 of 607 Attachment No. 1 Closing Date set forth in Section 1.1.26. If for any reason (other than a Default or Event of Default by such Party) the Close of Escrow has not occurred on or before the Escrow Closing Date, then any Party not then in Default under this Agreement may cancel the Escrow and terminate this Agreement, without liability to the other Party or any other Person for such cancellation and termination, by delivering Notice of termination to both the other Party and Escrow Agent. Following any such Notice of termination of this Agreement and cancellation of the Escrow, the Parties and Escrow Agent shall proceed pursuant to Section 4.13 of this Agreement. Without limiting the right of either Party to cancel the Escrow and terminate this Agreement pursuant to this Section 4.9, if the Escrow does not close on or before the Escrow Closing Date and neither Party has exercised its contractual right to cancel the Escrow and terminate this Agreement under this Section 4.9 before the first date on which Escrow Agent Notifies both Parties that Escrow is in a position to close in accordance with the terms and conditions of this Agreement, then the Escrow shall close as soon as reasonably possible following the first date on which Escrow Agent Notifies both Parties that Escrow is in aposition to close in accordance with the terms and conditions of this Agreement. 4.10 Escrow Costs. Escrow Agent shall Notify Buyer and Seller of the costs to be borne by each of them at the Close of Escrow by delivering an Escrow Closing Statement to both Seller and Buyer at least four (4) Business Days prior to the Escrow Closing Date. Each Party shall pay its own costs and expenses arising in connection with the Close of Escrow (including, without limitation, its own attorneys' and advisors' fees, charges, and disbursements), except the following costs ("Closing Costs"), which shall be allocated between the Parties as follows: (a) Escrow Agent charges for the conduct of the Escrow shall be paid by Buyer; (b) The cost of the Buyer Title Policy attributable to the standard coverage portion shall be paid by Buyer; (c) The cost of the Buyer Title Policy attributable to the extended coverage portion or any additional coverage and any endorsements shall be paid by Buyer; (d) The cost of any and all State, County, or City documentary stamps or transfer taxes regarding the conveyance of the Property through the Escrow shall be paid by Buyer; (e) The cost of any recording fees in connection with the recording of any documents in the official records of the County for the Close of Escrow and any and all other charges, fees, and taxes levied by each and every Government relative to the conveyance of the Property through Escrow shall be paid by Buyer; (f) Ad valorem taxes and assessments, if any, upon the Property, prior to the conveyance of title of the Property to Buyer shall be paid by Seller, and after the conveyance of title of the Property to Buyer shall be paid by Buyer consistent with Section 4.11 of this Agreement; and (g) All other closing fees and costs shall be charged to and paid by Buyer in accordance with customary practices in the County. The Buyer shall not be Page 16 of 29 A Avenue Purchase & Sale Agreement 382 of 607 Attachment No. 1 responsible for any closing fees or costs in excess of $2,000. The City shall pay for closing costs or fees in excess of $2,000. 4.11 Allocation of Taxes. Real Estate Taxes relating to the Property, if any, shall be prorated between Seller and Buyer as of Midnight on the date prior to the Close of Escrow. 4.12 Escrow Cancellation Charges. If the Escrow fails to close clue to Seller's Default under this Agreement, Seller shall pay all ordinary and reasonable Escrow and title order cancellation charges charged by Escrow Agent or Title Company, respectively. If the Escrow fails to close due to Buyer's Default under this Agreement, Buyer shall pay all ordinary and reasonable Escrow and title order cancellation charges charged by Escrow Agent or Title Company, respectively. Except as set forth in Section 3.3., above, if the Escrow fails to close for any reason other than the Default of either Buyer or Seller, Buyer and Seller shall each pay one-half (1/2) of any ordinary and reasonable Escrow and title order cancellation charges charged by Escrow Agent or Title Company, respectively. 4.13 Escrow Cancellation. If this Agreement is terminated pursuant to a contractual right granted to a Party in this Agreement to terminate this Agreement (other than due to an Event of Default by the other Party), the Parties shall do all of the following: 4.13.1 Cancellation Instructions. The Parties shall, within three (3) Business Days following Escrow Agent's written request, sign any reasonable Escrow cancellation instructions requested by Escrow Agent; 4.13.2 Return of Funds and Documents. Within ten (10) Business Days following receipt by the Parties of a settlement statement of Escrow and title order cancellation charges from Escrow Agent (if any) or within twenty (20) calendar days following Notice of termination, whichever is earlier: (a) Buyer or Escrow Agent shall return to Seller all documents previously delivered by Seller to Buyer or Escrow Agent, respectively, regarding the Property or the Escrow; (b) Seller or Escrow Agent shall return to Buyer all documents previously delivered by Buyer to Seller or Escrow Agent, respectively, regarding the Property or the Escrow; (c) Escrow Agent shall, unless otherwise expressly provided in this Agreement, return to Buyer all funds deposited in Escrow by Buyer, less Buyer's share of customary and reasonable Escrow and title order cancellation charges (if any) in accordance with Sections 3.3 and 4.12 of this Agreement; and (d) Escrow Agent shall, unless otherwise provided in this Agreement, return to Seller all funds deposited in Escrow by Seller, less Seller's share of customary and reasonable Escrow and title order cancellation charges (if any) in accordance with Section 4.12 of this Agreement. 4.14 Report to IRS. After the Close of Escrow and prior to the last date on which such report is required to be filed with the Internal Revenue Service under applicable Federal law, if such report is required pursuant to Internal Revenue Code Section 6045(e), Escrow Agent shall report the gross proceeds of the purchase and sale of the Property to the Internal Revenue Service on Form 1099-B, W-9 or such other form(s) as may be specified by the Internal Revenue Service pursuant to Internal Revenue Code Section 6045(e). Concurrently with the filing of such reporting form with the Internal Revenue Service, Escrow Agent shall deliver a copy of the filed form to both Seller and Buyer. Page 17 of 29 A Avenue Purchase & Sale Agreement 383 of 607 Attachment No. 1 4.15 Condemnation. If any material portion of the Property, or any interest in any portion of the Property, is taken by condemnation prior to the Close of Escrow by any condemning authority other than Seller, including, without limitation, the filing of any notice of intended condemnation or proceedings in the nature of eminent domain, commenced by any governmental authority, other than Seller, Seller shall immediately give Buyer Notice of such occurrence, and Buyer shall have the option, exercisable within ten (10) Business Days after receipt of such Notice from Seller, to either: (i) terminate this Agreement; or (ii) continue with this Agreement in accordance with its terms, in which event Seller shall assign to Buyer any right of Seller to receive any condemnation award attributable to the Property. 5. REMEDIES AND INDEMNITY 5.1 BUYER'S RIGHT TO SPECIFIC PERFORMANCE AND LIMITATION ON RECOVERY OF DAMAGES. 5.1.1 ELECTION OF REMEDIES. DURING THE CONTINUANCE OF AN EVENT OF DEFAULT BY SELLER UNDER THIS AGREEMENT PRIOR TO THE CLOSING, BUYER SHALL BE ENTITLED TO THE FOLLOWING REMEDIES: (1) AN ACTION AGAINST SELLER FOR SPECIFIC PERFORMANCE OF THIS AGREEMENT AND A RIGHT TO COLLECT ANY DIRECT DAMAGES; OR (2) TERMINATION OF THIS AGREEMENT AND AN ACTION TO RECOVER THE DEPOSIT AND ANY DIRECT DAMAGES SUCH AS COSTS IN NEGOTIATING AND PERFORMING WITH RESPECT TO THIS AGREEMENT. UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE TO BUYER UNDER THIS AGREEMENT FOR ANY AMOUNT EXCEEDING THE AMOUNT SET FORTH IN THIS SECTION 5.1.1, ANY SPECULATIVE, CONSEQUENTIAL, COLLATERAL, SPECIAL, PUNITIVE OR INDIRECT DAMAGES OR FOR ANY LOSS OF PROFITS SUFFERED OR CLAIMED TO HAVE BEEN SUFFERED BY BUYER. 5.1.2 WAIVER OF RIGHTS. SELLER AND BUYER EACH ACKNOWLEDGE AND AGREE THAT SELLER WOULD NOT HAVE ENTERED INTO THIS AGREEMENT IF SELLER WERE TO BE LIABLE TO BUYER FOR ANY MONETARY DAMAGES, MONETARY RECOVERY OR ANY REMEDY DURING THE CONTINUANCE OF AN EVENT OF DEFAULT UNDER THIS AGREEMENT BY SELLER, OTHER THAN SPECIFIC PERFORMANCE OF THIS AGREEMENT OR TERMINATION OF THIS AGREEMENT AND PAYMENT OF THE AMOUNT SPECIFIED IN SECTION 5.1.1 OF THIS AGREEMENT. ACCORDINGLY, SELLER AND BUYER AGREE THAT THE REMEDIES SPECIFICALLY PROVIDED FOR IN SECTION 5.1.1 OF THIS AGREEMENT ARE REASONABLE AND SHALL BE BUYER'S SOLE AND EXCLUSIVE RIGHTS AND REMEDIES DURING THE CONTINUANCE OF AN EVENT OF DEFAULT UNDER THIS AGREEMENT BY SELLER BUYER WAIVES ANY RIGHT TO PURSUE ANY REMEDY OR DAMAGES AGAINST SELLER ARISING FROM OR RELATING TO THIS AGREEMENT OTHER THAN THOSE SPECIFICALLY PROVIDED IN SECTION 5.1.1 OF THIS AGREEMENT. 5.1.3 CALIFORNIA CIVIL CODE SECTION 1542 WAIVER. BUYER ACKNOWLEDGES THE PROTECTIONS OF CALIFORNIA CIVIL CODE SECTION 1542 REGARDING THE WAIVERS AND RELEASES CONTAINED IN THIS SECTION 5.1, WHICH CIVIL CODE SECTION READS AS FOLLOWS: Page 18 of 29 A Avenue Purchase & Sale Agreement 384 of 607 Attachment No. 1 A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. 5.1.4 ACKNOWLEDGMENT. BY INITIALING BELOW, BUYER KNOWINGLY AND VOLUNTARILY WAIVES THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542 AND ALL OTHER STATUTES AND JUDICIAL DECISIONS (WHETHER STATE OR FEDERAL) OF SIMILAR EFFECT SOLELY REGARDING THE WAIVERS AND RELEASES CONTAINED IN THIS SECTION 5.1. ' 'als of Buyer representative(s) 5.1.5 STATEMENT OF INTENT. CALIFORNIA CIVIL CODE SECTION 1542 NOTWITHSTANDING, IT IS THE INTENTION OF BUYER TO BE BOUND BY THE LIMITATIONS ON DAMAGES AND REMEDIES SET FORTH IN THIS SECTION 5.1, AND BUYER HEREBY RELEASES ANY AND ALL CLAIMS AGAINST SELLER FOR MONETARY DAMAGES, MONETARY RECOVERY OR OTHER LEGAL OR EQUITABLE RELIEF RELATED TO ANY EVENT OF DEFAULT UNDER THIS AGREEMENT BY SELLER, EXCEPT AS SPECIFICALLY PROVIDED IN THIS SECTION 5.1, WHETHER OR NOT ANY SUCH RELEASED CLAIMS WERE KNOWN OR UNKNOWN TO BUYER AS OF THE EFFECTIVE DATE OF THIS AGREEMENT. 5.2 LIQUIDATED DAMAGES TO SELLER. IF THE CLOSE OF ESCROW DOES NOT OCCUR ON OR BEFORE THE ESCROW CLOSING DATE DUE TO BUYER'S DEFAULT, THEN SELLER SHALL RETAIN THE DEPOSIT AS LIQUIDATED DAMAGES. THE AMOUNT OF THE DEPOSIT IS THE REASONABLE ESTIMATE BY THE PARTIES OF THE DAMAGES SELLER WOULD SUFFER FROM SUCH DEFAULT, IT BEING AGREED THAT IT IS EXTREMELY DIFFICULT, IF NOT IMPOSSIBLE AND IMPRACTICABLE, TO FIX THE EXACT AMOUNT OF DAMAGE THAT WOULD BE INCURRED BY SELLER AS A RESULT OF SUCH DEFAULT BY BUYER UPON SUCH A DEFAULT BY BUYER, ESCROW SHALL BE CANCELED AND THE PARITIES SHALL PROCEED IN ACCORDANCE WITH SECTION 4.12 OF THIS AGREEMENT. IN ADDITION, IF ALL OR ANY PORTION OF THE DEPOSIT HAS BEEN DEPOSITED INTO ESCROW BY BUYER, ESCROW AGENT IS HEREBY IRREVOCABLY INSTRUCTED BY BUYER AND SELLER TO DISBURSE THE DEPOSIT TO SELLER AS LIQUIDATED DAMAGES FOR BUYER'S DEFAULT UNDER THIS AGREEMENT AND FAILURE TO COMPLETE THE PURCHASE OF THE PREMISES, PURSUANT TO CALIFORNIA CIVIL CODE SECTIONS 1671, ET SEQ. 5.3 Legal Actions. Either Party may institute legal action, at law or in equity, to enforce or interpret the rights or obligations of the Parties under this Agreement or recover Page 19 of 29 I Authorized A Avenue Purchase & Sale Agreement 385 of 607 Attachment No. 1 damages, subject to the provisions of Section 5.1 or Section 5.2 of this Agreement, as applicable. 5.4 Rights and Remedies are Cumulative. Except as otherwise expressly stated in this Agreement, the rights and remedies of the Parties set forth in this Agreement are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by such Party, at the same or different times, of any other rights or remedies for the same Default or the same rights or remedies for any other Default by the other Party. 6. GENERAL PROVISIONS 6.1 Incorporation of Recitals. The Recitals of fact set forth preceding this Agreement are true and correct and are incorporated into this Agreement in their entirety by this reference. 6.2 Notices, Demands and Communications Between the Parties. 6.2.1 Delivery. Any and all Notices submitted by any Party to another Party pursuant to or as required by this Agreement shall be proper, if in writing and sent by messenger for immediate personal delivery, nationally recognized overnight (one Business Day) delivery service (i.e., United Parcel Service, Federal Express, etc.) or by registered or certified United States mail, postage prepaid, return receipt requested, to the address of the recipient Party, as designated below in Section 6.2.2. Notice may be sent in the same manner to such other addresses as either Party may from time to time designate by Notice in accordance with this Section 6.2. Notice shall be deemed received by the addressee, regardless of whether or when any return receipt is received by the sender or the date set forth on such return receipt, on the day that the Notice is sent by messenger for immediate personal delivery, one Business Day after delivery to a .nationally recognized overnight delivery service or three (3) calendar days after the Notice is placed in the United States mail in accordance with this Section 6.2. Any attorney representing a Party may give any Notice on behalf of such Party. 6.2.2 Addresses. The Notice addresses for the Parties, as of the Effective Date of this Agreement, are as follows: To Buyer: To Seller: Betty Winona McLintock Revocable Trust 2038 Euclid Avenue National City, California 91950 City of National City 1243 National City Boulevard National City, California 91950 Attention: City Manager With a Copy to: Angil Morris -Jones, City Attorney City of National City 1243 National City Boulevard National City, California 91950 6.3 Relationship of Parties. The Parties each intend and agree that Seller and Buyer Page 20 of 29 A Avenue Putchase & Sale Agreement 386 of 607 Attachment No. 1 are independent contracting entities and do not intend by this Agreement to create any partnership, joint venture or similar business arrangement, relationship or association between them. 6.4 Warranty Against Payment of Consideration for Agreement. Buyer represents and warrants to Seller that: (a) Buyer has not employed or retained any Person to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees of Buyer and Third Persons to whom fees are paid for professional services related to the documentation of this Agreement; and (b) no gratuities, in the form of entertainment, gifts or otherwise have been or will be given by Buyer or any of Buyer's agents, employees or representatives to any elected or appointed official or employee of the Seller in an attempt to secure this Agreement or favorable terms or conditions for this Agreement. Breach of the representations or warranties of this Section 6.4 shall entitle Seller to terminate this Agreement and cancel the Escrow (if open) upon seven (7) calendar days Notice to Buyer and, if the Escrow is open, to Escrow Agent. Upon any such termination of this Agreement, Buyer shall immediately refund any payments made to or on behalf of Buyer by Seller pursuant to this Agreement or otherwise related to the Property, any Approval or any CEQA Document, prior to the date of such termination. 6.5 Calculation of Time Periods. Unless otherwise specified, all references to time periods in this Agreement measured in days shall be to consecutive calendar days, all references to time periods in this Agreement measured in months shall be to consecutive calendar months and all references to time periods in this Agreement measured in years shall be to consecutive calendar years. Any reference to Business Days in this Agreement shall mean consecutive Business Days. 6.6 Principles of Interpretation. No inference in favor of or against any Party shall be drawn from the fact that such Party has drafted any part of this Agreement. The Parties have both participated substantially in the negotiation, drafting and revision of this Agreement, with advice from legal or other counsel and advisers of their own selection. A word, term or phrase defined in the singular in this Agreement may be used in the plural, and vice versa, all in accordance with ordinary principles of English grammar, which shall govern all language in this Agreement. The words "include" and "including" in this Agreement shall be construed to be followed by the words "without limitation". Each collective noun in this Agreement shall be interpreted as if followed by the words "(or any part of it)", except where the context clearly requires otherwise. Every reference to any document, including this Agreement, refers to such document, as modified from time to time (excepting any modification that violates this Agreement), and includes all exhibits, schedules, addenda and riders to such document. The word "or" in this Agreement includes the word "and". Every reference to a law, statute, regulation, order, form or similar governmental requirement refers to each such requirement as amended, modified, renumbered, superseded or succeeded, from time to time. 6.7 Governing Law. The procedural and substantive laws of the State shall govern the interpretation and enforcement of this Agreement, without application of conflicts or choice of laws principles or statutes. The Parties acknowledge and agree that this Agreement is entered into, is to be fully performed in and relates to real property located in the County of San Diego, State of California. All legal actions arising from this Agreement shall be filed in the Superior Court of the State in and for the County or in the United States District Court with jurisdiction in Page 21 of 29 A Avenue Purchase & Sale Agreement 387 of 607 Attachment No. 1 the County. 6.8 Unavoidable Delay; Extension of Time of Performance. 6.8.1 Notice. Subject to any specific provisions of this Agreement stating that they are not subject to Unavoidable Delay or otherwise limiting or restricting the effects of an Unavoidable Delay, performance by either Party under this Agreement shall not be deemed or considered to be in Default, where any such Default is due to the occurrence of an Unavoidable Delay. Any Party claiming an Unavoidable Delay shall Notify the other Party: (a) within three (3) calendar days after such Party knows of any such Unavoidable Delay; and (b) within three (3) calendar days after such Unavoidable Delay ceases to exist. To be effective, any Notice of an Unavoidable Delay must describe the Unavoidable Delay in reasonable detail. The Party claiming an extension of time to perform due to an Unavoidable Delay shall exercise commercially reasonable efforts to cure the condition causing the Unavoidable Delay, within a reasonable time. The extension of time for performance under this Agreement resulting from the occurrence of an Unavoidable Delay shall commence on the date of occurrence of the condition causing the Unavoidable Delay and shall, except for a legal action described in Section 6.12 of this Agreement, in no event be longer than ninety (90) calendar days after written Notice is received by a Party from the other Party of the occurrence of such an Unavoidable Delay. 6.8.2 Assumption of Economic Risks. EACH PARTY EXPRESSLY AGREES THAT ADVERSE CHANGES IN ECONOMIC CONDITIONS, OF EITHER PARTY SPECIFICALLY OR THE ECONOMY GENERALLY, OR CHANGES IN MARKET CONDITIONS OR DEMAND OR CHANGES IN THE ECONOMIC ASSUMPTIONS OF EITHER PARTY THAT MAY HAVE PROVIDED A BASIS FOR ENTERING INTO THIS AGREEMENT SHALL NOT OPERATE TO EXCUSE OR DELAY THE PERFORMANCE OF EACH AND EVERY ONE OF EACH PARTY'S OBLIGATIONS AND COVENANTS ARISING UNDER THIS AGREEMENT. ANYTHING IN THIS AGREEMENT TO THE CONTRARY NOTWITHSTANDING, THE PARTIES EXPRESSLY ASSUME THE RISK OF UNFORESEEABLE CHANGES IN ECONOMIC CIRCUMSTANCES OR MARKET DEMAND OR CONDITIONS AND WAIVE, TO THE GREATEST EXTENT ALLOWED BY LAW, ANY DEFENSE, CLAIM,. OR CAUSE OF ACTION BASED IN WHOLE OR IN PART ON ECONOMIC NECESSITY, IMPRACTICABILITY, CHANGED ECONOMIC CIRCUMSTANCES, FRUSTRATION OF PURPOSE, OR SIMILAR THEORIES. THE PARTIES AGREE THAT ADVERSE CHANGES IN ECONOMIC CONDITIONS, EITHER OF THE PARTY SPECIFICALLY OR THE ECONOMY GENERALLY, OR CHANGES IN MARKET CONDITIONS OR DEMANDS, SHALL NOT OPERATE TO EXCUSE OR DELAY THE STRICT OBSERVANCE OF EACH AND EVERY ONE OF THE OBLIGATIONS, COVENANTS, CONDITIONS AND REQUIREMENTS OF THIS AGREEMENT. THE PARTIES EXPRESSLY ASSUME THE RISK OF SUCH ADVERSE ECONOMIC OR MARKET CHANGES, WHETHER OR NOT FORESEEABLE AS OF THE EFFECTIVE DATE. Initials uyer Initials of Authorized Seller Representative(s) Page 22 of 29 A Avenue Purchase & Sale Agreement 388 of 607 Attachment No. 1 6.9 Tax Consequences. Buyer acknowledges and agrees that Buyer shall bear any and all responsibility, liability, costs or expenses connected in any way with any tax consequences experienced by Buyer related to this Agreement. 6.10 Real Estate Commissions. 6.10.1 Seller Warranty. Seller: (a) represents and warrants that Seller did not engage or deal with any broker or finder in connection with this Agreement, and no Person is entitled to any commission or finder's fee regarding this Agreement on account of any agreement or arrangement made by Seller; and (b) shall Indemnify Buyer against any breach of the representation and warranty set forth in Subsection (a) of this Section 6.10.1. 6.10.2 Buyer Warranty. Buyer: (a) represents and warrants that Buyer did not engage or deal with any broker or fmder in connection with this Agreement, and no Person is entitled to any commission or finder's fee regarding this Agreement on account of any agreement or arrangement made by Buyer; and (b) shall Indemnify Seller against any breach of the representation and warranty set forth in Subsection (a) of this Section 6.10.2. 6.11 No Third -Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any Person other than the Parties and their respective permitted successors and assigns, nor is anything in this Agreement intended to relieve or discharge any obligation of any Third Person to any Party or give any Third Person any right of subrogation or action over or against any Party. 6.12 Buyer Assumption of Risks of Legal Challenges. Buyer assumes the risk of delays or damages that may result to Buyer from each and every Third Person legal action related to Seller's approval of this Agreement or any associated Approvals, even in the event that an error, omission or abuse of discretion by Seller is determined to have occurred. If a Third Person files a legal action regarding Seller's approval of this Agreement or any associated Approvals (exclusive of legal actions alleging violation of Govermnent Code Section 1090 by officials of Seller), Buyer shall have the option to either: (a) cancel the Escrow and terminate this Agreement, in which case the Parties and the Escrow Agent shall proceed in accordance with Section 4.13 of this Agreement; or (b) Indemnify Seller against such Third Person legal action, including all Legal Costs, monetary awards, sanctions and the expenses of any and all financial or performance obligations resulting from the disposition of the legal action; provided, however, that option "(a)" under this Section 6.12 shall only be available to Buyer prior to the Close of Escrow. Should Buyer fail to Notify Seller of Buyer's election pursuant to this Section 6.12 at least fifteen (15) calendar days before response to the legal action is required by Seller, prior to the Close of Escrow, Buyer shall be deemed to have elected to cancel the Escrow and terminate this Agreement pursuant to this Section 6.12 and, following the Close of Escrow, Buyer shall be deemed to have elected to Indemnify Seller against such Third Person legal action pursuant to this Section 6.12, all without further Notice to or action by either Party. Seller shall reasonably cooperate with Buyer in defense of Seller in any legal action subject to this Section 6.12, subject to Buyer completely performing Buyer's indemnity obligations for such legal action. Should Buyer elect or be deemed to elect to Indemnify Seller regarding a legal action subject to this Section 6.12, but fail to or stop providing such indemnification of Seller, then Seller shall have the right to terminate this Agreement or cancel the Escrow (or both) by Notice to Buyer and, if the Escrow is open, to the Escrow Agent. Page 23 of 29 A Avenue Purchase & Sale Agreement 389 of 607 Attachment No. 1 Nothing contained in this Section 6.12 is intended to be nor shall be deemed or construed to be an express or implied admission that Seller may be liable to Buyer or any Person for damages or other relief regarding an alleged or established failure of Seller to comply with the law. Any legal action that is subject to this Section 6,12 (including any appeal periods and the pendency of any appeals) shall constitute an Unavoidable Delay and the time periods for performance by either Party under this Agreement may be extended pursuant to the provisions of this Agreement regarding Unavoidable Delay. 6.13 Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors and assigns. 6.14 Time Declared to be of the Essence. As to the performance of any obligation under this Agreement of which time is a component, the performance of such obligation within the time specified is of the essence. 6.15 Entire Agreement, This Agreement integrates all of the terms and conditions mentioned in this Agreement or incidental to this Agreement, and supersedes all prior or contemporaneous negotiations or previous agreements between the Parties, whether written or oral, with respect to all or any portion of the Property. 6.16 Waivers and Amendments. All waivers of the provisions of this Agreement must be in writing and signed by the authorized representative(s) of the Party making the waiver. All amendments to this Agreement must be in writing and signed by the authorized representative(s) of both Seller and Buyer. 6.17 No Implied Waiver. Failure to insist on any one occasion upon strict compliance with any term, covenant, condition, restriction or agreement contained in this Agreement shall not be deemed a waiver of such term, covenant, condition, restriction or agreement, nor shall any waiver or relinquishment of any rights or powers under this Agreement, at any one time or more times, be deemed a waiver or relinquishment of such right or power at any other time or times. 6.18 City Manager Implementation. Seller shall implement this Agreement through the City Manager, acting on behalf of the Seller. The City Manager or his/her designee is hereby authorized by Seller to enter into agreements and sign documents referenced in this Agreement or reasonably required to implement this Agreement on behalf of Seller, to issue approvals, interpretations or waivers, and to enter into certain amendments to this Agreement on behalf of Seller, to the extent that any such action(s) does/do not increase the monetary obligations of Seller. All other actions shall require the consideration and approval of the Seller's governing body, unless expressly provided otherwise by action of the Seller's governing body. Nothing in this Section 6.18 shall restrict the submission to the Seller's governing body of any matter within the City Manager's authority under this Section 6.18, in the City Manager's sole and absolute discretion, to obtain the Seller's governing body's express and specific authorization on such matter. The specific intent of this Section 6.18 is to authorize certain actions on behalf of Seller by the City Manager, but not to require that such actions be taken by the City Manager including, without limitation, any extension(s) granted pursuant to Section 4.9 of this Agreement, without consideration by Seller's governing body. Page 24 of 29 A Avenue Purchase & Salo Agreement 390 of 607 Attachment No. 1 6.19 Survival of Agreement. All of the provisions of this Agreement shall be applicable to any dispute between the Parties arising from this Agreement, whether prior to or following expiration or termination of this Agreement, until any such dispute is finally and completely resolved between the Parties, either by written settlement, entry of a non -appealable judgment or expiration of all applicable statutory limitations periods and all terms and conditions of this Agreement relating to dispute resolution, indemnity or limitations on damages or remedies shall survive any expiration or termination of this Agreement. 6.20 Counterparts. This Agreement shall be signed in three (3) triplicate originals, each of which is deemed to be an original. 6.21 Facsimile or Electronic Signatures. Signatures delivered by facsimile or electronic mail shall be binding as originals upon the Party so signing and delivering; provided, however, that original signature(s) of each Party shall be required for each document to be recorded. [Signatures on following page] Page 25 of 29 A Avenue Purchase & Sale Agreement 391 of 607 Attachment No. 1 SIGNATURE PAGE TO REAL PROPERTY PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS IN WITNESS WHEREOF, the Parties have signed and entered into this Agreement by and through the signatures of their respective authorized representative(s) as follows: "SELLER" "BUYER" CITY OF NATIONAL CITY, a California Betty Winona McLintock Revocable Trust municipal corporation By: By: Name: Name: Title: City Manager ATTEST: By: Name: Title: City Clerk APPROVED AS TO FORM: Argil P. Morris -Jones By: Roberto M. Contreras Deputy City Attorney Page 26 of 29 A Avenue Purchase & Sale Agreement 392 of 607 Attachment No. 1 EXHIBIT "A" TO REAL PROPERTY PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS Property Legal Description The land referred to herein is situated in the State of California, County of San Diego and described as follows: The easterly 10 feet of the westerly 40 feet of the easterly half of the northerly 50 feet of the southerly half of 10 acre Lot 3 of Quarter Section 153, in the City of National City, County of San Diego, State of California according to the map thereof Map 166, recorded in the Office of the San Diego County Recorded on May 11, 1869. 393 of 607 Attachment No. 1 EXHIBIT "B" TO REAL PROPERTY PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS Grant Deed [behind this page] 394 of 607 Attachment No. 1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of National City 1243 National City Boulevard National City, California 91950 Attn: City Manager MAIL TAX STATEMENTS TO: Betty Winona McLintock Revocable Trust c/o Andrew McLintock 2038 Euclid Avenue National City, California 91950 SPACE ABOVE THIS LINE FOR RECORDER'S USE OFFICIAL BUSINESS Document Exempt from Recording Fees Per Government Code §§ 6103 & 27383 DOCUMENTARY TRANSFER TAX $ Computed on the consideration or value of property conveyed; OR Computed on the consideration or value of property conveyed less liens or encumbrances remaining at time of sale. Signature of Declarant or Agent determining tax GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF NATIONAL CITY, a California municipal corporation, herein called "Grantor", hereby grants to Betty Winona McLintock Revocable Trust, herein called "Grantee", all right, title and interest of Grantor in that certain real property in the City of National City, County of San Diego, State of California, specifically described in Exhibit "A" attached hereto ("Property") and incorporated herein by this reference, subject to the existing easements, restrictions and covenants of record and consistent with the obligations of the Grantee under the Purchase Agreement (defined below). Whenever the term "Grantee" is used in this Grant Deed, such term shall include any and all successors, assigns, and heirs of Grantee in and to the Property, or any interest therein or any portion thereof. 1. Conveyance in Accordance With Purchase Agreement. The Property is conveyed pursuant to that certain Real Property Purchase and Sale Agreement and Joint Escrow Page 1 of 6 Palm Plaza City Grant Deed vl 395 of 607 Attachment No. 1 Instructions dated November , 2018 and entered into by and between Grantor ("Seller" therein) and Grantee ("Buyer" therein) ("Purchase Agreement"), a copy of which is on file in the offices of the City Clerk of Grantor as a public record and which is incorporated herein by reference. Purchase Agreement as used herein shall mean, refer to and include the Purchase Agreement, as well as any riders, exhibits, addenda, implementation agreements, amendments, modifications, supplements and attachments thereto or other documents expressly incorporated by reference in the Purchase Agreement. Any capitalized term not herein defined shall have the same meaning ascribed to such term in the Purchase Agreement. All of the terms, covenants and conditions of this Grant Deed shall be binding upon the Grantee and the permitted successors and assigns of the Grantee. 2. Nondiscrimination. The Grantee herein covenants by and for itself, its heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Property, nor shall the Grantee itself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees of the Property. The foregoing covenants shall run with the land. All deeds, leases or contracts made relative to the Property, improvements thereon, or any part thereof, shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: (a) (1) In deeds: "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land." (2) Notwithstanding paragraph (1), with respect to familial status, paragraph (1) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in paragraph (1) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall also apply to the above paragraph. Page 2 of 6 Palm Plaza City Grant Deed vl 396 of 607 Attachment No. 1 (b) (1) In leases: "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased." (2) Notwithstanding paragraph (1), with respect to familial status, paragraph (1) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in paragraph (1) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to the above paragraph. (c) In contracts: "There shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Property, nor shall the grantee or transferee itself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees of the Property." 3. Violations Do Not Impair Liens. No violation or breach of the covenants, conditions, restrictions, provisions or limitations contained in this Grant Deed shall defeat or render invalid or in any way impair the lien or charge of any mortgage or deed of trust or security interest made in good faith and for value as to the Property, whether or not said mortgage or deed of trust is subordinated to this Grant Deed; provided, however, that any subsequent owner of the Property, or any interest therein or any portion thereof, shall be bound by such remaining covenants, conditions, restrictions, limitations and provisions, whether such owner's title was acquired by foreclosure, deed in lieu of foreclosure, trustee's sale or otherwise. 4. Covenants Run With Land. All covenants contained in this Grant Deed shall be covenants running with the land. All of the Grantee's obligations and covenants hereunder shall remain in effect in perpetuity. 5. Covenants For Benefit of Grantor. All covenants without regard to technical classification or designation, legal or otherwise, shall be, to the fullest extent permitted by law and equity, binding for the benefit of the Grantor and its successors and assigns, and such covenants shall run in favor of, and be enforceable by, the Grantor and its successors and assigns, against Page 3 of 6 Palm Plaza City Grant Deed v l 397 of 607 Attachment No. 1 Grantee, its successors and assigns, to or of the Property conveyed herein or any portion thereof or any interest therein, and any party in possession or occupancy of the Property or portion thereof, for the entire period during which such covenants shall be in force and effect, without regard to whether the Grantor is or remains an owner of any land or interest therein to which such covenants relate. The Grantor and its successors and assigns, in the event of any breach of any such covenants, shall have the right to exercise all the rights and remedies and to maintain any actions at law or suits in equity or other proper proceedings to enforce the curing of such breach. {Signatures On Next Page] Page4of6 Palm Plaza City Grant Deed vl 398 of 607 Attachment No. 1 IN WITNESS WHEREOF, Grantor and Grantee have caused this instrument to be executed on their behalf by their respective officers hereunto duly authorized this day of 2018. "GRANTOR" "SELLER" CITY OF NATIONAL CITY, a California municipal corporation By: Name: Title: City Manager ATTEST: By: Name: Title: City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones By: Roberto M. Contreras Deputy.City Attorney [Signatures Continue On Next Page] Page 5 of 6 Patin Plaza City Grant Deed vl 399 of 607 Attachment No. 1 CERTIFICATE OF ACCEPTANCE OF GRANT DEED This is to certify that the interest in real property conveyed by the CITY OF NATIONAL CITY to Betty Winona McLintock Revocable Trust, is hereby accepted by the undersigned officer on behalf of Grantee, through his or her signature below, subject to all of the matters hereinbefore set forth, and Grantee consents to recordation thereof by its duly authorized officer. "GRANTEE" *see notes below Betty Winona McLintock Revocable Trust Dated: By: Naive: Page 6 of 6 Palm Plaza City Giant Deed vl 400 of 607 Attachment No. 1 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 ) SS. COUNTY OF SAN DIEGO On before me, 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 (Seal) Description of Attached Document Title or Type of Documents: Number of Pages: Signer(s) Other Than Named Above: OPTIONAL Capacity(ies) Claimed By Signer(s) Signer's Name: o Corporate Officer — Title(s): o Partner - o Limited ❑ General o Individual o Trustee o Other: ❑ Attorney in Fact ❑ Guardian or Conservator Signer is Representing: Document Date: Signer's Name: ❑ Corporate Officer — Title(s): o Partner - ❑ Limited o General ❑ Individual o Attorney in Fact ❑ Trustee ❑ Guardian or Conservator o Other: Signer is Representing: 401 of 607 Attachment No. 1 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 ) SS. COUNTY OF SAN DIEGO On before me, 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 (Seal) Description of Attached Document Title or Type of Documents: Number of Pages: OPTIONAL Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed By Signer(s) Signer's Name: o Corporate Officer — Title(s): to Partner - o Limited ❑ General o Individual o Attorney in Fact o Trustee ❑ Guardian or Conservator o Other: Signer is Representing: Signer's Name: ❑ Corporate Officer — Title(s): o Partner - o Limited ❑ General ❑ Individual o Attorney in Fact o Trustee ❑ Guardian or Conservator o Other: Signer is Representing: 402 of 607 Attachment No. 1 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 ) SS. COUNTY OF SAN DIEGO On before me, 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 (Seal) OPTIONAL Description of Attached Document Title or Type of Documents: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed By Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): o Partner - ❑ Limited o General ❑ Individual ❑ Attorney in Fact o Trustee o Guardian or Conservator ❑ Other: Signer is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner - o Limited o General ❑ Individual o Attorney in Fact o Trustee o Guardian or Conservator o Other: Signer is Representing: 403 of 607 Attachment No. 1 EXHIBIT "A" LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of San Diego and described as follows: The easterly 10 feet of the westerly 40 feet of the easterly half of the northerly 50 feet of the southerly half of 10 acre Lot 3 of Quarter Section 153, in the City of National City, County of San Diego, State of California according to the map thereof Map 166, recorded in the Office of the San Diego County Recorded on May 11, 1869. Exhibit A 404 of 607 Attachraent No. 2 16-03102 APPRAISAL REPORT - SINGLE FAMILY RESIDENTIAL (Before and After Lot Expansion) Client City of National City Client Contact 1243 National City Blvd National City, CA 91950 Appraiser George Hatch License No. AG006455 License Expires 03/2017 Appraiser Contact 2588 El Camino Real #F-305 Phone 760.434.9950 Carlsbad, CA 92008 Ghatchappraisals @ hotmail.com Property Address 1837 A Street Map Reference 1309/H2 City National City County San Diego State CA Zip Code 91950 Property Rights Fee Simple Census Tract .0116.01 Property Owner Betty Mclintock Revoc. Trust APN 560-210-17 Property Use Single Family Residence As Appraised Single Family Residence Addition APN 560-210-44(Por) Legal Description: (1837 A Street) Portion of Lot 3, 1/4 SEC 153 of Rancho de La Nacion, located in the city of National City, County of San Diego, State of California, According to Map Thereof No. 166, filed in the Office of the County Recorder for San Diego County. (Addition Parcel, currently owned by the City of National City); Street Closed in West Half of Lot 3, 1/4 SEC 153 of Rancho de La Nacion, located in the city of National City, County of San Diego, State of California, According to Map Thereof No. 166, filed in the Office of the County Recorder for San Diego County. (See Title Report. The proposed addition consists of the middle 50ft of this parcel) ADDITIONAL ASSIGNMENT ELEMENTS Intended Users The Intended Users are limited to the Client noted above. No other intended users are identified or assumed. Intended Uses The Intended Use is for mortgage underwriting decisions. No other intended uses are identified or assumed. Type of Value Market Value Hypothetical Conditions 1837 A Street is appraised both with and without the proposed lot addition from the additional parcel. The value "with lot expansion' is appraised subject to the use of a hypothetical condition, namely, what would the property be worth with the additional lot area. By contrast, the value "without lot expansion" represents the as is value of the property. Extraordinary Assumptions The appraisal is made based on an exterior -only inspection and assumes that the living area size and overall quality/condition of the home are generally consistent with the conditions observed for the interior. 3 YrAssignment History No prior services rendered in conjunction with this property within the previous 3 years. Other Assignment Conditions applicable to this assignment; includes written appraisal policies, guidelines, or other instructions identified at the time of engagement. The assignment involves the question of what the contributory value to 1837 A Street is if the parcel is expanded with the portion of the City's lot (560-210-44) that lies directly in front of it, subject to a lot line adjustment by the city. Inasmuch as there is no sales data involving 500sf parcels the next best way to measure the contributory value of the city's lot segment to this property is to value the property both with the larger lot (Subject to" the lot expansion) vs the value of the property with its existing lot dimensions("As Is" Value). The use of this hypothetical condition for the "subject to expansion" valuation scenario is dependent on completion of a proposed lot expansion per specifications. Likewise, the use of the assumption about the interior quality/condition of the home is also dependent on those assumptions being essentially correct. If this assumption proves incorrect it would likely have an effect on my value conclusions. The standard assumptions and limiting conditions are noted in the attached addendum. No other assumptions or hypothetical conditions are noted. No additional instructions were communicated or assumed. SALIENT CONCLUSIONS Existing use Residential Duplex Property Rights Appraised Fee Simple Highest Best Use Existing Use Estimated Exposure Time 3-4 Months Year Built 1950s Gross Living Area 1,838 Market Value "As Is" Without Lot Expansion $350,000 Existing Site Size 6,150 Market Value "Subject to" the Lot Expansion $350,000 405 of 607 16-03102 A\\M1.1111 IrI Ik 1 -.W. A. NEIGHBORHOOD ANALYSIS Uses Use Supply Vac % Single Family 30% Balanced 0 Multi -Family 50% Balanced 0-5 Office 0% Balanced -- Retail 20% Balanced 10 Industrial 0% Balanced -- Vacant 0% Balanced -- Built Up 100% Location Suburban Tra rsition Neighborhood Development Trend Stable Value Trend Stable Vacancy Trend Stable Distance -Schools 3 Blk East Otis Elementary School Distance - Services 10 Blk East Highland Ave Distance - CBD 10 Blk North 8th Ave / National City Blvd Distance - Freeway 8 Blk West Interstate-5 Neighborhood Boundaries: The subject's neighborhood boundaries include: the National city commercial corridor south of the Civic Center to 30th Street. Analysis / Comments: The subject's immediate neighborhood consists of the National City Mile Of Cars commercial corridor which includes National City blvd and portions of A Ave south to 30th Street. This is a transition neighborhood that includes the commercial uses fronting National City Blvd as well as the mix of residential and commercial uses fronting A Street; and is distinctly different from the industrial neighborhood located to the west of National City Blvd. The residential uses in this immediate neighborhood consist of a combination of older single family homes and 2-4s, mostly built prior to 1970. The non-residential uses consist mostly of auto sales and related uses, including open storage yards, auto service, etc. Market Segment Analysis: The subject's market segment is identified as extending throughout the s/western National City area and consisting of other single family residences 50-80 year age range, The general market conditions for this market segment demonstrate peak pricing from 2005-2006 followed by a significant decline in pricing between 2009-2012, and then steady value increases to present. So far, 2016 pricing is still lower than that of the prior peak in 2005. There remains a very small amount of foreclosure and short sale activity within this neighborhood, but those sales are no longer sufficient in numbers to be of significant effect on the pricing of the more typical arms' length sales. Typical exposure times among all closed sales in this area has ranged from about 1-2 months depending on pricing, indicating strong demand at these prices. SITE ANALYSIS (EXISTING PARCEL 560-210-17) Site size 6,150 SqFt Dimensions 50 X 123 Topography Level Terrace Elevation <100ft above Sea Level Utilities Electricity Connected Gas Connected Water Connected Sewer Connected Phone Connected Well N/A Septic System N/A Improvements: Maintenance Public Street Width 60 Feet Street Paving Asphalt Sidewalks Concrete Curbs/Gutters Concrete Storm Sewers Concrete Lighting Public Lot Characteristics Lot Shape Rectangular View Amenity None Lot Utility 100% Usable Street Access Direct to public street Easements Relies on Dominant Easement for Access Encroachments None Noted current zoning RM-2 High Density Multi -Unit Residential Allowable Uses Allows for 24-48 units per Acre Impr. Status Legal Conforming Drainage Appears Adequate FEMA Flood Zone Zone X Not in a Flood Hazard Zone Panel No. / Date 060293-1911 G Eff 05/2012 Analysis / Comments: Title and soils reports were not reviewed. The subject site as it currently exists is located on the east side of A Avenue, about 360ft north of 19th Street. A Ave is a residential street that ends —50ft to the north of the subject site. This site currently relies on an easement across a 10-ft wide parcel for access onto A Ave, the parcel for which belongs to the city. Under the existing zoning the 1837 A Ave parcel is of sufficient size to support the development of 3 residential units, based on the midpoint density of the zoning, which amounts to 1900sf per unit. The City's lot segment that is proposed to be added to the 1837 A Ave site is the middle 50ft of a 165ft x 10ft sliver that fronts the subject site as well as the adjacent parcels to the north and south. The City's lot is of insufficient size to develop independently and has market value only to the extent that it can be added to the adjacent parcels. For the most part the only buyers for the 3 lot segments are the property owners of the adjacent parcels for which they are already providing these access easements. The purpose of this appraisal is to answer the question of what the value is of that 10' x 50' parcel if added directly to the subject site. In order to add this lot segment to the subject site it would either take a lot split and lot line adjustment, or some other means of conveyance such as selling it as a condominium or a leasehold; the means of which are to be determined later. 406 of 607 16-03102 h m P IMPROVEMENTS ANALYSIS (EXTERIOR INSPECTION ONLY) Property Type Residential Duplex Constr. Type Frame/Stucco Year Built 1950s Exist/Proposed Existing Att/Detached Detached Effective Age 30 EXTERIOR Materials Obs. Condition Other Features Obs. Condition Unit Mix 1bd Units 0 2bd Units 2 3bd Units 0 Rentable Rms 8 Avg Unit Size 914 sf Foundation Raised Perimeter Average Attic Scuttle -- Basement None -- Frame Wood -- Roof Truss Wood -- Roof Cover Built Up Average Exterior Walls Stucco Average Windows Aluminum Sldrs Average Exterior Doors Wood solid core Average Garage None -- Parking Concrete Average Driveway Concrete Average Landscaping Lawn/Planters Average Fencing Chain Link Average Above Grade Living Area (GLA) Public Records 1,828 sf As Measured N/A Inspection Comments: Due to the assignment conditions I was unable to physically inspect the subject interiors and was only able to observe the existing improvements from the street. This appraisal is based on the assumption that the living area as reported in public records is significantly correct and that the unit interior quality and condition are significantly similar to the conditions observed for the exterior. In the event that these assumptions prove incorrect it may affect my opinions and conclusions. Improvements Comments: The subject improvements are reported as being built in 1980 however the raised foundation + exterior designs are more consistent with other duplex properties in National City and Chula Vista that were built in the late 1950s. Other site improvements are limited to the chain link fencing, landscaped rear yard and planters and the concrete parking area in front of the main structure, which has room for 4 parking spaces. Physical Depreciation, External or Functional Obsolescence: Based on the inspection/observation protocols typically used for real property valuation, there are no undue physical deficiencies or functional obsolescence or external obsolescence noted. The subject's attributes are considered functional and serviceable within the context of its market segment. Although it appears these units have been updated in the past some of the trim is ready for repainting. It is assumed that the interiors of these units are in average/serviceable condition. Additional Development Potential The main improvements are oriented on the site with --5-7' of setback on each side, and --42ft from the western lot line (fronting the street). Development standards for the RM-1 zoning allow for an additional residential unit onsite but require a 20ft setback from the street. Although probably not economically feasible, it might be possible to add a 3rd unit over the existing structure except that with only the existing driveway easement there would be no way to provide the requisite onsite parking for the additional unit unless the driveway easement was expanded to basically make the entire frontage of the parcel directly accessible from the street. Adding the City's segment to this parcel would effectively enable the usage of the entire frontage to the street, as well as expanding the front setback to the existing structure to 52ft. So while having 500ft more lot area wouldn't affect the permissibility of a 3rd unit onsite, having the use of the entire 10ft of additional frontage to this site would more readily enable construction of another structure (apartment over carport or garage). Note that this only extends to what's physically possible, not what's economically feasible or what's most likely in the market. PROPERTY TAX ASSESSMENT 2016 Assessor Parcel No. Land Building Total Current Taxes Forecasted 560-210-17 $38,702 $86,144 $124,846 $1,830.48 $1,867.09 This site is not reported to be subject to special assessments. Under current property tax laws the potential for increases in property tax assessments amounts to 1 % of full market value plus tax indebtedness, capped at a maximum inflation rate of no more than 2%/year. In the event of a closed sale or transfer the property is subject to be reassessed based on the market value at the time of assessment. 407 of 607 Attachment No 2 16-03102 HIGHEST AND BEST USE ANALYSIS The process of Highest and Best Use analysis involves consideration of the subject's attributes within the context of 4 criteria: those uses which are legally permissible, physically possible, financially feasible, and lastly maximally profitable. The process is designed to start with all possible uses and using the process of elimination, narrow those uses down to the one or two uses that can be considered both practical and profitable given the subject's attributes. LEGALLY PERMISSIBLE USES: The current zoning of RM-2 High Density Multi -Unit Residential allows for high density residential use of this site. Maximum density for single use development is 48 units/acre, maximum building heights are 65 feet and the maximum Floor Area Ratio is 75%. Residential parking requirements apply. PHYSICALLY POSSIBLE USES: The subject site is an interior parcel of 6,150 sf and the city is considering expanding this site to 6650 sf. The fronts a residential street and there is no alley access. Site dimensions include 50ft of frontage. The site has adequate exposure and access for those uses that would be legally permitted under the current zoning. All available utilities appear to be readily available to the site. Site topography includes a level terrace at street grade and lot utility is still rated at or near 100%. Considering these physical attributes, the legal uses that could be built on this site include: multi -story residential development of up to 6 units under the 6150 sf size and up to 7 units under the 6650 sf size. FINANCIALLY FEASIBLE USES: This category includes consideration of those uses that have potential to add any value above and beyond the site value as vacant. Considering the supply and demand factors present in this area would seem to rule out most of the remaining uses, leaving only multi -family residential uses of high density, up to 4 townhome units and sharing a common driveway along the side for this site. This would amount to an effective density of 1 unit per 1537sf at the existing size and 1 unit per 1662sf at the larger site size. Based on the maximum FAR of 75% the main difference between the two site sizes would be to increase the average unit size from 1153sf for the existing site size to 1246sf at the larger site size. That 90sf in larger unit size would add only marginally to the retail prices of the finished units, by perhaps as much as $10,000 per unit in the price ranges applicable for such units in the National City markets. Even though the higher densities are legally permissible their unit sizes would decrease and their construction costs would significantly increase as a result of building common parking garages instead of adding the more valuable private garages to the ground level of each unit as is the dominant form of condo development in this area. In addition what's feasible for the site as vacant, the existing use is obviously economically feasible for the site in it's as is condition. MOST PROFITABLE USE: This category narrows down any remaining feasible alternatives to the one option that can reasonably be considered the most profitable within the context of the current market conditions. Of the above uses that qualify legally, physically and financially, the current supply and demand factors rule out all uses other than the existing use of this site in its as is condition. Even though a 4-unit project would be economically feasible if the site were vacant, the existing use is worth more than the underlying site value - this is what makes the existing use the highest/best use for the site in its as is condition. Since the definition of Market Value used for this appraisal can only be adequately met if that property is valued according to its highest and best use, the remainder of this appraisal is based on the above conclusion Highest and Best Use: Existing use as 2-unit residential APPRAISAL METHODOLOGY Having established that the subject site in its current condition is worth more in the existing use than for site value, the next step of the assignment is to value the 2-units, both with the existing lot size as well as the proposed larger lot size. A site value analysis is included in this report to support the conclusions of the highest/best use analysis. Given the nature of the assignment along with the high incidence of owner -occupancy for 2-unit residential properties in the area, the dominant form of valuation for such properties in the Sales Comparison. Although an Income Approach (via Gross Rent Multiplier) can be readily developed that is not the dominant form of valuation for such properties and it really doesn't matter to most buyers what the GRM is when compared to the results of the Sales Comparison. The sales data are analyzed based on their most relevant characteristics and using the dominant unit of comparison normally used by the typical buyers and sellers for that property type. The dominant unit of comparison for 2-unit residential properties is either the sales price itself or the price/room indicator; the latter generally yielding a more consistent analysis. 408 of 607 16-03102 SITE SALES DATA (EXISTING CONFIGURATION) Address APN Subject Site #1 Site #2 Site #3 1837 A Street 560-210-17 420 W 21 st Street 559-125-16 2501 E 18th Street 558-190-11 +12 2752 E 18th Street 558-250-35 Sale Date / Doc# Sale Price Price/sf Lot Area Market Conditions Location Site Area View Topography Lot Utility zoning Max. No of Units Probable density Unit Size @ Probable Structural Impr. $ -- Eff 03/2016 @ 18th St 6,150 (6,650) None Level 100% RM-2 48/Ac 6 Units (7 Un) 4 Units (4 Un) 1153sf (1247sf) Duplex 3/19/2016 85646 $182,000 $36,400 $ 31.65 Current @ Harding 5,750 None Terrace 100% MCR-2 8 Units 5 Units 1150sf None 10/2/2015 520149 $270,000 $30,000 $18.29 Current E of Orange 14,764 None Level 100% MXC-1 48/Ac 16 9 Units 1230sf None 5/1/2014 176124 $215,000 $30,714 $20.31 Current @ Granger 10,584 None Level 100% MXC-1 48/Ac 11 7 Units 1134 sf SFR + Retail Total Adjustments -- 0 0 0 Adjusted Price $ -- $ 36,400 $ 30,000 $ 30,714 Analysis/Comments: The above site sales data are considered to be the most recent and similar site sales data available at appraisal. Although each have higher maximums, they're valued based on the more probable development include surface level parking garages for each unit and requiring about 1500sf of lot area per unit. Site #1 - 420 W 21st Street; this property is located in the city's Westside Specific Plan in the Transit District, so the maximum allowable density is relatively close to that of the subject site. This is a corner block east of the transit station and is improved with an older existing home that was reported in poor Site #2 - 2501 E 18th Street; This is a 2-lot assemblage located on the north side of 18th Street midblock Ave (W) and Lanoitan Ave (E). The site was formerly improved with 2 old houses but those were removed The parcel is zoned MXC-1, which allows for up to 16 units on this parcel. Site #3 - 2752 E 18th Street; This parcel is located on the s/west corner of 18th/Granger. It was improved and an old restaurant but both structures have since been removed. The property was marketed and redevelopment. The zoning allows for mixed use or medium density multi -family, so this sale is given overall. On a price per unit basis, the effect of adding 500sf more usable lot area very slightly increases the finished 6150sf * .75 FAR is a little less than 6650sf * .75 FAR), but only enough to warrant ranking the subject's the sales that have similar potential unit sizes. If a finished unit sells for $10,000 because it's 100sf larger, value" after developing a condo map might comprise 25% of the $10k increase and the raw land value condo map might be half of that. In the above analysis, Sites #2 and #3 are a little more dated as land sales go, but they have more similar Site #1 has an existing SFR onsite and is located across the street from the Transit center so that location little superior. It should be noted that if the subject and the comparables are valued based on their maximum densities feasibility of such development their price/unit indicators yield the same or a very similar value conclusions other words, if the per -unit values at maximum density indicate to $20,000/unit x 6 for the subject, then indicator of $30,000/unit x 4 units = $120,000, too. Probable Yield Price/Unit Valued at existing site size (6,150sf) 4 Units $30,000 Valued at proposed site size (6,650sf) 4 Units $31,500 the time of this scenarios that Oriented Development parcel located 1/2 condition. between Euclid prior to 2014. with an old house purchased for secondary weight unit sizes (because value a little closer to then the "finished lot before developing the zoning and unit sizes. can be considered a without regard for the for the subject. In the probable density Value as Land $120,000 $126,000 409 of 607 16-03102 SALES COMPARISON APPROACH Address APN Subject Sale #1 Sale #2 Sale #3 1837 A Street 560-210-17 1901 D Ave 560-231-06 1330 E 6th Street 557-092- 04 1304 Scott Drive 551-490-13 Site Area Bldg Area Year Built Quality Condition Parking No of Units No of Rooms Average Unit size 6,150 (6,650) 1,828 1950s Average Average Open Spaces 2 8 914 4,600 1,830 1962 Average Average Open Spaces 2 8 915 6,300 1,422 1958 Average Good Remodeled Carport Spaces 2 8 711 6,106 1,218 1948 Average Average Open Spaces 2 8 609 Unit Mix Type No Rooms Type No Rooms Type No Rooms Type No Rooms 1bd Units 2bd Units 2 8 3Bd Units Total 2 8 1bd Units 2bd Units 2 8 3Bd Units Total 2 8 1bd Units 2bd Units 2 8 3Bd Units Total 2 8 1bd Units 2bd Units 2 8 3Bd Units 0 Total 2 8 Sale Date Sale Price Property rights Financing Conditions of Sale Excess Land eff 03/2016 -- Fee Simple N/A N/A None 10/21/2015 $350,000 Fee Simple $262,500 Market Sale None 03/24/2016 $325,000 Fee Simple No 1st Rec'd Market Sale None 07/24/2015 $313,000 Fee Simple No 1st Market Sale None Adj. Sale Price Price/Unit Price/Room Price/SF MarketRent/Mo Gross Inc. Multiplier -- -- -- -- $2,600 $350,000 $175,000 $43,750 $191.26 $2,600 134.62 $325,000 $162,500 $40,625 $228.55 $2,450 132.65 $313,000 $156,500 $39,125 $256.98 $2,400 130.42 Analysis/Comments: The subject property consists of a 2-unit residential duplex, located on the south end of town. Quality interior are assumed Average. The above rentals include another duplex located around the corner from similar design and unit mix. S#1 is considered the most similar and is given the greatest weight. The smaller units but are generating comparable rents nonetheless, so that demonstrates that neither site are of significant effect on the overall value as an existing duplex. Price/Room Indicator Price Rooms = Value SALES Valued at existing site size (6,150sf) $44,000 8 $352,000 Valued at proposed site size (6,650sf) $44,000 8 $352,000 and condition of the the subject and with a other two sales feature size nor even unit size COMPARISON $350.000 $350.000 410 of 607 16-03102 . ------_...._.._ . --- — RECONCILIATION AND FINAL VALUE CONCLUSIONS Existing lot @ 6,150 sf As Proposed at 6,650 sf Underlying Site Value $120,000 $124,000 Value as Improved with Duplex $350,000 $350,000 The extent of the development and reporting of this appraisal assignment are intended to meet or exceed the needs of the intended users of this report within the context of the intended use as communicated to the appraiser. The subject of this appraisal is the existing duplex as 1837 A Ave, the property being valued both with the existing lot size as well as with an expanded lot size as is proposed by the city and resulting from transfer of a 10 x 50 portion of a city -owned parcel that's located in front of the subject property. The reason the property is analyzed for both the underlying site value as if vacant as well as in it's existing use as a residential duplex is to demonstrate that the existing use is still the highest and best use for the property in its as is condition, and to provide an indication of the possible effect on value the additional lot area would provide this site if/when it is redeveloped into multi -family, assuming development under the prevailing form as 2-story attached townhomes with private garages. Given the nature of the subject property's existing use and the intended use of this appraisal, neither the Cost nor Income Approaches to value are developed in this appraisal. That's because these buyers aren't working off of the GRMs or off of cost, but are making their decisions via Sales Comparison. The Sales Comparison Approach is the dominant approach to value within this market segment and is given greatest weight. There were adequate sales of sufficiently similar attributes for comparison, and after comparison they yielded a reasonably narrow range of value indicators. In addition to the sales data presented in this appraisal as being "most similar and proximate", there were also a number of other, less similar properties that were also analyzed during the course of this appraisal. These other sales data are retained in the workfile and also contributed to the Appraiser's opinion of value. The opinion of Market Value expressed below is based on an estimated exposure time of 3-4 months, assuming adequate exposure to the market by competent brokerage. In this case, the estimated marketing time is considered to be equal to the estimated exposure time. Any attempts to market the property in Tess time or by using less than adequate exposure to the market would likely require significant discounting or concessions. The subject property is appraised in its "As Proposed" condition (with the additional lot area deeded to the parcel) as well as it's "As Is" condition and configuration. The appraisal is based on the definition of value contained herein and within the context of the assumptions and limitations noted. Please note the Intended Use and Intended Users of this appraisal and appraisal report as identified on Page 1 of this appraisal report, as other uses or other users are not intended by the Appraiser. Any third parties not otherwise identified as an Intended User of this appraisal are strongly urged to seek a separate appraisal that is specific to their needs and requirements from a duly qualified appraiser. FINAL VALUE CONCLUSION Property Rights Appraised Fee Simple Effective Date of the Appraisal 3/10/2016 Definition of Value Market Value Appraised Condition "As Is" @ 6,150sf + "subject to" Estimated Exposure time 3-4 Months addition to equal 6,650 sf (Insurable Value) Not Applicable APPRAISED MARKET VALUE OF THE FEE SIMPLE INTEREST IS: "As Is" Condition "Subject To" Lot Expansion Existing lot @ 6,150 sf Enlarged Lot at 6,650 sf $350,000 $350,000 , 696y/7 it---.7 George Hatch #AG006455 Certified General Appraiser Date of Report: 04/16/2016 Personal Inspection: Interior/Exterior 411 of 607 16-03102 ASSIGNMENT ELEMENTS DEFINITION OF MARKET VALUE The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. Buyer and Seller are typically motivated; 2. Both parties are well informed and acting in what they consider their own best interests; 3. A reasonable time is allowed for exposure on the open market; 4. Payment is made in cash in U.S. dollars or in terms of financial arrangements comparable thereto; and 5. The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. (Source: Office of the Comptroller of the Currency, under 12CFR, part 34, Subpart C -Appraisals, 34.42 Definitions (I). J DEFINITION OF INSURABLE VALUE 1. The portion of the value of an asset or asset group that is acknowledged or recognized under the provisions of an applicable loss policy. 2. Value used by insurance companies as the basis for insurance. Often considered to be replacement or reproduction costs less deterioration and non -insurable items. Sometimes cash value of market value but often entirely a cost concept. (Source: Marshall Valuation Company of Los Angeles, Commercial Cost Guide ] DATA SOURCES USED IN APPRAISAL Axciom, ReaList.Com, LoopNet.com, Sandicor MLS. Site zoning and requirements were obtained from the jurisdiction in which the subject site is located. Data verification is generally limited to cross checking databases. Personal verification is generally limited to those instances where the database information is considered less than reliable or incomplete. This level of research and verification are considered appropriate within the context of the intended users and intended use of this appraisal. PHYSICAL INSPECTION OF IMPROVEMENTS Exterior Inspection (Only) Assumes interior quality/condition is consistent with that observed on the exterior, and assumes building area as reported is substantially accurate. Interior/Exterior Inspection, no physical measurements; assumes building area as reported is substantially accurate. Interior/Exterior Inspection, with physical measurements (see diagram). Note that the extent of the physical inspection process used for this appraisal is limited to the typical and normal observations of the readily visible areas, and are performed only to the extent necessary to develop the Appraiser's opinion of value. This inspection process should not be confused and is not intended to be a substitute for a technical inspection or survey process as would be used by a professional engineer or building inspector. Readers are strongly advised to seek their own inspections from such professionals if they desire a technical inspection. COST APPROACH ,/ Not applicable to this assignment and not developed Considered applicable to this assignment and is included in this appraisal. INCOME APPROACH ,r Not applicable to this assignment and not developed Considered applicable to this assignment and is included in this appraisal. SALES COMPARISON APPROACH Not applicable to this assignment and not developed ,r Considered applicable to this assignment and is included in this appraisal. Comment: The subject property is located within a market segment wherein there are adequate sales data of sufficiently similar attributes against which the subject can be compared. The dominant unit of comparison for this property type is the price/Unit, and adjustments are developed using a combination of comparison of the sales data to each other as well as against other, less directly comparable sales data in the area. The Appraiser acknowledges that personal judgment, resulting from numerous prior assignments involving similar properties in this region, is also used in the development of these adjustments. The subject is ranked among the comparables on a qualitative basis and the price/Unit indicator used in the value conclusion reflects that ranking. 412 of 607 A#nrhrnor f NIr. i 16-03102 ASSUMPTIONS AND LIMITING CONDITIONS This appraisal and appraisal report was prepared in conformance with the Uniform Standards of Professional Appraisal Practice (USPAP). In addition to the assumptions and associated limitations resulting from the scope of work used in this assignment, additional assumptions and limitations apply as follows: 1 This appraisal was developed using the scope of work as identified throughout this report, the decisions for which were made within the context of the needs of the intended users as communicated to the Appraiser by the Client. This workproduct cannot be assumed to be sufficient for the needs of other users or for other uses than those identified on Page 1 of this report. Specifically, any other third parties are advised to seek another appraisal from a duly qualified appraiser specific to their use. 2 The extent of research and analysis performed for this assignment is considered appropriate for the intended use as identified. If desired, the reader may request additional information and analyses, or further clarification. However, the reader is notified that any substantial changes to the assignment conditions may affect the scope of work sufficiently to create a new assignment. If so, additional billing may be charged to cover the additional costs associated with the extra work. 3 The information provided by others is assumed to be sufficiently reliable for use in this assignment. The Appraiser cannot assume responsibility for inaccuracies beyond the typical protocols used in this assignment. Therefore, no warranty for third party information is offered. 4 No responsibility is assumed for legal or title considerations. Title is assumed to be good and marketable unless otherwise state in the report. 5 The inspection of the physical attributes of the subject property are intended to be sufficient only for the purposes of developing an opinion of value, and should not be confused with a technical inspection of the structures as would be performed by an engineer or other structural inspection professional. No warranty of any physical components are offered or implied. If desired, the reader is urged to seek a survey or building inspection from a qualified professional. 6 Any building diagrams, maps or other visual aids included in this report are intended to assist the reader in visualizing the various aspects of the appraisal problem. They are not intended as a substitute for land or building surveys or as an indication of a warranty. 7 It is assumed that there are no hidden or unapparent conditions - including environmental hazards - that render the subject property less valuable. This includes conditions that may affect the property, subsoil or structures. No responsibility is assumed for such conditions of for arranging for the engineering studies or inspections that may be required to discover them. 8 The appraiser will not be required to give testimony or appear in court as a result of performing this appraisal unless specific arrangements - including additional compensation - are made in advance. 9 The client for this assignment is as identified on Page 1 of this report. Except as outlined in the Confidentiality Section of the Ethics Rule of USPAP and applicable local, state or federal law, the Appraiser will not discuss or otherwise disseminate confidential information or assignment results to any party without specific instructions to do so from the Client. APPRAISER'S CERTIFICATION I certify, to the best of my knowledge and belief: 1 The statements of fact contained in this report are true and correct. 2 The reported analyses, opinions and conclusions are limited only to the reported assumptions and limiting conditions, and are my personal, impartial and unbiased professional analyses, opinions and conclusions. 3 I have no present or prospective interest in the property that is the subject of this report and I have no personal interest with respect to the parties involved. 4 I have no bias with respect to the property that is the subject of this report or to the parties involved in this assignment. 5 My engagement in this assignment was not contingent upon developing or reporting predetermined results. 6 My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. 7 This appraisal was not based on a requested minimum valuation, a specific valuation or the approval of a loan. 8 My analyses, opinions and conclusions were developed, and this report has been prepared in conformity with the requirements of the Uniform Standards of Professional Appraisal Practice, current as of the date of the appraisal. 9 I have made a personal physical inspection of the property that is the subject of this report. 10 No one provided significant professional assistance to the person signing this report, unless otherwise indicated. 11 I have not performed any other services in conjunction with thew subject property within the prior 3 years. George Hatch #AG006455 Certified General Appraiser Date of Report: 04/16/2016 Personal Inspection: Interior/Exterior 413 of 607 Attachment No. 2 16_03102 PLAT MAP 1 I I DETAIL "A" NO SCALE c -1a— — ——18IAi."-Y o� - STREET - .r - e - • y m OD 0 o• ® Ors 0.99 AC. 10 OS£C a44 • 3 s If R < CID 153 m• S OD V M9 9w ff ® . ® f fi 1 3 WO® CO 49 i - an • d 2 s - ®• .• ' 1- _• _'® ®�e .2 4p4 ..igaD • ®' � ® C 20m STREET * 6J IIIiiS WPWAS PREPARED FOR ASSESSMENT PURPOSES Ot<LY. t<0 LIASWIY IS ASSUMEO FOR IIiE ACCURACY OF IIiE DATA SHOWN. ASSESSOR'S PARCELS MAY NOT COMPLY WITII LOCAL SUBOMSION OR BUILDING ORDINANCES. )a it ® @ t949# ' e t '• mot Z.f fff r (% <li)' 't @ pi) POR 0.99 A ti 1 QSEC 5: 90 I to /'\4r.22 JW Lr /I a • —1 • d : f- • • . .. a liS CD 3 f 153 - L 560-21 11/0S/201$ .ICU CHANGES 3L 4o MAP 1481 - LEIGHTONSUB MAP 166 — RHO DE LA NACION — POR QSEC 153 ROS 1349E04155 CD JS.7Slop) CD (I) CID y 166 .a M 148i ee(MD (•33) 2 2/ • L' 3 20 ) .y O.: 0 t• • W '4 o0 A 414 of 607 Attachment No. 2 16-03102 SUBJECT PHOTOS Front (1835) North portion of City's Parcel is in the foreground Subject Front (1847) South portion of City's Parcel is in the foreground A Ave - Northbound Subject Front (1837) Center portion of City's Parcel is in the foreground A Ave - Southbound 415 of 607 Attachment No. 2 16-03102 SUBJECT PHOTOS 10ft deep x 165ft wide relative to the street Street right of way appears to start at fence line, not at the edge of the sidewalk 416 of 607 Attachment No. 2 16_03102 LOCATION MAP- SALES DATA I 1 Del:;: EMI ati\ 0® O,,,,sto `btst EX. 1E = `� u a S2 $ E8ttist E artist A E6„h5t E6tbst National City Z 00st % EBtbst 0 2 Ocalagt� ti 1 SUBJECT Bell Honda tt <' I S1 0 E p18Zo gt, F. t6tt\ st E,ath st PARADISE VILLAGE FARAD( VA I. muas La Hacoenda L::.JI Hacienda Restaurant Lincoln Acres 417 of 607 Attachment No. 2 16-03102 SALES COMPARABLES Site #1- 420 W 21 st St Site #2- 2501 E18th St Site #3- 2752 E 18th St Sale #1- 1901 D Ave Sale #2- 1330 E 6th St Sale #3 - 1304 Scott Dr 418 of 607 Attachment No. 3 PLAT MAP } V e pETAlL "A" y NO SCALE tea • m O. 4 20711 If • A CIDD , 153 { re THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCELS MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. R1- co 4 331 -4 ga"aii, 12 4'z Portion of City's parcel 560-210-44 CD w 41 Pc p 45 90 POR 0.99 A 210 QSEC Its • . .3 L ®./,.•4 ma e .r 7a OD tGED N F} 1 STREET 6 aD m MAP 1461 - LEIGHTON SUB MAP 166 - RHO DE LA NACION - POR OSEC 153 ROS 13498,14155 (8) 706 125 a r (1_7 C�6 ) 1837 A Ave 560-210-17 153 133.7#oa) z 3 • • CID 560-21 1/61/7J15 JG.l CHANGES OLD NEW T CUT 210 ,73 43 �7 r1 .e32 4 66 067 355 ♦56[4 16 1256 0 ,t< 1.1 M 166 M 1481 2/ 2O a: 0 .o •• 'i ao 0. 419 of 607 RESOLUTION NO. 2018 -- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS FOR THE SALE OF A 500 SQUARE FOOT PARCEL OF VACANT LAND LOCATED ALONG "A" AVENUE IN FRONT OF 1835 "A" AVENUE IN NATIONAL CITY TO THE BETTY WINONA MCLINTOCK REVOCABLE TRUST WHEREAS, there is a strip of City -owned property (the "Property") along "A" Avenue running between the sidewalk and the owners property line (APN 560-210-44) that is 10-feet wide and 165-feet long fronting three privately owned lots; and WHEREAS, in 1959, a strip of City -owned property along "A" Avenue running between the sidewalk and the owner's property line (APN 560-210-44) that is 10-feet wide and 165-feet long fronting three privately owned Pots (the "Property") was closed and vacated as a public street by the City Council; and WHEREAS, the Betty Winona McLintock Revocable Trust, the owner of 1835 "A" Avenue, desires to purchase a portion of the Property that totals 500 square feet in front of the their property for the amount of $4,000 and the cost of all escrow and closing fees up to $2,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Manager to execute a Purchase and Sale Agreement and Joint Escrow Instructions for the sale of a 500 square foot parcel of vacant land located along "A" Avenue in front of 1835 "A" Avenue in National City to the Betty Winona McLintorck Revocable Trust for the amount of $4,000 and the cost of all escrow and closing fees up to $2,000. PASSED and ADOPTED this 20th day of November, 2018. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 420 of 607 CC/CDC-HA Agenda 11/20/2018 — Page 421 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving the Memorandum of Understanding (MOU) between the City and the National City Municipal Employees Association with effective dates of July 1, 2018 - June 30, 2020. (Human Resources) Please scroll down to view the backup material. 421 of 607 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 20, 2018 AGENDA ITEM NO. 1 ITEM TITLE: Resolution of the City Council of the City of National City Approving the Memorandum of Understanding (MOU) between the City and the National City Municipal Employees' Association with effective dates July 1, 2018 — June 30, 2020. PREPARED BY: Irene Mosley PHONE: 336-4308 DEPARTMENT: Human Resourc APPROVED BY/ EXPLANATION: The labor agreement (MOU) between the City of National City and the National City Municipal Employees' Association (NCMEA), represented by the Service Employees' International Union expired on June 30, 2018. NCMEA represents the City's clerical/fiscal, engineering/planning/inspection, library/community service, police support, park maintenance and public works positions. Having met and conferred in good faith through a series of meetings, City representatives and NCMEA representatives reached a tentative agreement on a two year successor MOU with effective dates July 1, 2018 — June 30, 2020. NCMEA's membership has voted to ratify the agreement. A summary of the terms is included as an attachment. Staff recommends (a) City Council approval of the July 1, 2018 — June 30, 2020 MOU consistent with the attached terms and (b) City Council direct and authorize Staff to work with NCMEA representatives to finalize and execute the MOU document which is attached and is consistent with the approved terms. FINANCIAL STATEMENT: APPROVED: `7/l% Zzia, Finance . ACCOUNT_O. APPROVED: MIS Estimated Financial Impact: FY 19 $307,300 FY 20 550,500 Total $857,800 Totals do not include estimated furlough savings, which are dependent upon employee elections and are not available at this time. ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: I FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution approving a two year Memorandum of Understanding with the National City Municipal Employees' Association for the period July 1, 2018 through June 30, 2020. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Summary of Package Tentative Agreement Between City and NCMEA NCMEA Memorandum of Understanding Resolution 422 of 607 CITY OF NATIONAL CITY /NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION (SEIU LOCAL 221) SUMMARY OF PACKAGE TENTATIVE AGREEMENT ON 10/17/18 FOR J ULY 2018 TO J UNE 2020 MEMORANDUM OF UNDERSTANDING Attachment to CouncitAgenda Item No. A200 Term: 2 years, from J uly 1, 2018 through J une 30, 2020. Wages (Article 21, Section 1): Effective retroactive to the first full pay period in J uly 2018, for persons employed on the date the City Council approves this MO U, the City will increase employees' salary by 3.0%. Effective the first full pay period in J uly 2019, the City will increase employees' salary by a further 3.0%. PERS (Article 18): Effective retroactive to the first full pay period in J uly 2018, for persons employed on the date the City Council approves this MOU, all employees shall contribute 1.0% additionalto their pensions. For classic employees, this shall be 1.0% toward the employer rate for a total of 9.0% overall contributed toward their pensions. For PEPRA employees, this shall be 1.0% in excess of50% of the normal cost of their pension. The City shall pursue and adopta PERS contract amendment in connection with employees contributing toward the C ity's employer contribution rate. Effective the first full pay period in J uly 2019, all employees shall contribute a further 1.0% to their pensions. For classic employees, this shall be a total of 2.0% toward the employer rate for a total of 10.0% overall contributed toward their pensions. For PEPRA employees, this shall be 2.0% in excess of 50% of the normal cost of their pension. Medical (Article 14, Section 2): Increase the City's existing obligation by $50 per month. Retiree Medical (Article 14, Section 5): For persons retiring after City Council approval of this MOU, increase the monthly retiree medicalamountfor each year of pensionable service for persons with 20 fullyears of pensionable service from $10 to $20. Holidays (Article 2, Section 5): Continue December holiday closures during MOU. Vacation Sell Back (Article 4, Section 7): Reduce from 50 to 30 the number of hours an employee must have used in the eligibility period to be allowed to cash -out vacation; allow employees to cash -out vacation up to twice per year up to a maximum of 80 hours per year. Sick Leave Accumulation (Article 8): Increase maximum sick leave accrual, and related references, from 360 to 400 hours. Overtime (Article 11, Section 1): Add "furlough hours" to the type of paid leave hours that count as hours worked toward overtime eligibility. 1 423 of 607 Compensatory Time Off (Article 11, Section 2): Add language saying an employee may cash - out up to 80 hours of comp time per fiscalyear. Acting Assignment Pay (Article 25, Section 2): Shorten time period required to qualify for acting assignment pay from 21 consecutive days to forty (40) consecutive hours effective the first full pay period in October 2018, for acting assignments where the first day of the acting assignment is on or after October 9, 2018. Shift Differential (Article 25, Section 4): Increase from $40 per pay period to $50 per pay period. Time Off to Vote in Statewide Election (New Section): Add the following: "The City will comply with California Elections Code sections 14000 regarding employees' right to paid time off from work in a State-wide election." 2 424 of 607 CITY OF NATIONAL CITY tNIxLerjpy .e e 'NCORPORATE MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF NATIONAL CITY CALIFORNIA and NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION AGREEMENT PERIOD JULY 1, 2018 -JUNE 30, 2020 425 of 607 MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION FOR THE FOLLOWING PERIOD OF TIME: JULY 1, 2018 — JUNE 30, 2020 The representatives of the City Manager of the City of National City, for and on behalf of the City Council of the City of National City, have met and conferred with the representatives of the National City Municipal Employees' Association, an organization representing employees of the City of National City, in accordance with the provisions of Section 3500 et. Seq., of the Government Code of the State of California, and; As a result of meeting and conferring in good faith with said Group, agreement has been reached on the following terms and conditions of employment as applied to those employees who are members of and represented by the Association; and the Memorandum of Understanding concerning said agreed terms and conditions of employment has been approved by the City Council of the City of National City on November 20, 2018, by Resolution No. . For the CITY: LESLIE DEESE City Manager EDWARD KREISBERG Chief Negotiator For the NCMEA: MAGGIE TA Worksite Organizer and Chief Negotiator SEIU Local 221 JAMES SLADE President NCMEA IRENE MOSLEY LUPE HERNANDEZ Interim Director of Human Resources Vice -President NCMEA LILIA MUNOZ MARTHA ACOSTA Management Analyst II NCMEA Representative MARK ROBERTS ARACELI COVARRUBIAS Director of Finance NCMEA Representative ALFREDO YBARRA KARLA APALATEGUI Director of Housing and Economic Development NCMEA Representative ROY INGA, JR.NCMEA Representative MARY GAFFNEYNCMEA Representative SUE PFEIFFERNCMEA Representative JOHN BELL NCMEA Representative GREGORY BARTOW Senior Worksite Organizer SEIU Local 221 426 of 607 TABLE OF CONTENTS ARTICLE 1 — IMPLEMENTATION ARTICLE 2 — HOLIDAYS ARTICLE 3 — ARTICLE 4 — ARTICLE 5 — ARTICLE 6 — ARTICLE 7 — ARTICLE 8 — ARTICLE 9 — ARTICLE 10 ARTICLE 11 4 5 LEAVE ELIGIBILITY AND PROCEDURE 9 ANNUAL VACATION LEAVE 10 MILITARY LEAVE 12 FAMILY CARE AND MEDICAL LEAVE 13 COURT LEAVE 14 SICK LEAVE WITH PAY 15 TRANSFER OF LEAVE CREDITS 19 — THE COMPENSATION PLAN 20 — OVERTIME 22 ARTICLE 12 — EDUCATION EXPENSES REIMBURSEMENT AND EMPLOYEE LOUNGE UPGRADE.... 24 ARTICLE 13 — SERVICE RECOGNITION PAY ARTICLE 14 — HEALTH AND DENTAL INSURANCE ARTICLE 15 — HEALTH & SAFETY RELATED PROGRAMS ARTICLE 16 — EMPLOYEE LIFE INSURANCE ARTICLE 17 ARTICLE 18 ARTICLE 19 ARTICLE 20 ARTICLE 21 ARTICLE 22 ARTICLE 23 ARTICLE 24 - ARTICLE 25 ARTICLE 26 ARTICLE 27 ARTICLE 28 ARTICLE 29 ARTICLE 30 ARTICLE 31 25 26 29 30 — SHORT TERM/LONG TERM DISABILITY INSURANCE 31 — PUBLIC EMPLOYEES' RETIREMENT SYSTEM 32 — PROVISIONS OF LAW 34 — EMPLOYEE AND ASSOCIATION RIGHTS 35 — WAGE AND SALARY SCHEDULE 37 — UNIFORMS 41 — EQUIPMENT ALLOWANCE 42 WORK DAY, WORK WEEK, PAY PERIOD AND PAY DAY 43 — PAY DIFFERENTIALS 45 — GRIEVANCE PROCEDURE 46 — MANAGEMENT RIGHTS 49 — OBLIGATION TO SUPPORT 50 — AGREEMENT, MODIFICATION, WAIVER 51 — DURATION OF MEMORANDUM OF UNDERSTANDING 52 — DEFINITIONS 53 3 NCMEA Agreement July 1. 2018 — June 30, 2020 427 of 607 ARTICLE 1- IMPLEMENTATION Section 1 It is agreed that this Memorandum shall not be binding upon the parties either in whole or in part unless and until: A. The NCMEA has approved and adopted this MOU. B. The City Council acts, by majority vote, formally to approve and adopt this MOU. 1. The City Council shall upon approval and adoption of said MOU act to appropriate the necessary funds required to implement the provisions of this MOU that require funding. 2. The City Council shall act in a timely manner to make the necessary changes in ordinances, resolutions, rules, policies and procedures to implement and conform to this agreement. Section 2 Representation The City of National City formally recognizes the National City Municipal Employees' Association (NCMEA) as the exclusive representative of all employees in affiliation with SEIU, Local 221 in the classifications listed under Article 21 — Wages and Salary Schedule. Section 3 Eligibility The wages, benefits and conditions of employment provided in this MOU are applicable to all regular and part-time career employees as defined by Civil Service Rule IV, Section 407.1 A.(1) and (2) and assigned by the City to the MEA unit. Employees hired on Temporary Full -Time or Part -Time, Intern or On -Call basis are not represented by this unit. Benefits for Part -Time Career employees will be prorated. Career/Limited Term employees in classifications assigned to the NCMEA Bargaining Unit may be eligible for the benefits provided herein only when the grant or program provides adequate funding for same. However, the City agrees to request that adequate funding for benefits be provided. 4 NCMEA Agreement July 1. 2018 — June 30, 2020 428 of 607 ARTICLE 2 - HOLIDAYS Section 1 Eligible employees in this bargaining unit are entitled, without loss of pay, to the holidays listed below: A. The following days shall be fixed holidays with pay: 1. New Year's Day — January 1st 2. Martin Luther King — 3`d Monday in January 3. Cesar Chavez Birthday — March 31st 4. Memorial Day — Last Monday in May 5. Independence Day — July 4th 6. Labor Day — 1st Monday in September 7. Thanksgiving Day — 4th Thursday in November 8. Day after Thanksgiving 9. Christmas Eve — December 24th 10. Christmas Day — December 25th B. In addition to the fixed holidays above, the following four (4) days will be credited as "Floating Holidays": 1. Lincoln's Birthday — February 12th 2. Washington's Birthday — 3rd Monday in February 3. Columbus Day — 211d Monday in October 4. Veterans' Day — November 11 th C. Fixed holidays falling on a regularly scheduled workday will be paid based on the employee's assigned daily work schedule. For example, employees assigned to a 4/10 schedule will have holidays paid in ten (10) hour increments when the holiday falls on a regularly scheduled workday. Floating holidays will be paid in eight (8) hour increments. Section 2 The floating holidays shall be used by the employee in minimum increments of fifteen (15) minutes at the employee's discretion subject to the approval of the department head or his/her designee as a holiday and shall be used within the fiscal year earned. Reasons for denial to observe a holiday on the date requested by the employee shall be in writing and can only be related in the judgment of the department head to the efficient functioning of the department. If the department head certifies in writing to the Finance Director that it was not possible to grant the time off during the fiscal year due to unforeseen or extreme workload problems, then unused holiday credits will be added to the employee's vacation accumulation. Floating holidays may be used earlier in the fiscal year than their occurrence. New employees shall not receive credit for holidays which occurred prior to their starting date. Separating employees who have received paid time off for holidays which have not occurred as of the date of their separation are required to repay the City for such floating holidays for which they have been paid. Only non -probationary employees and employees separating in good standing shall be paid for accrued and not taken holiday time. 5 NCMEA Agreement July 1. 2018 — June 30, 2020 429 of 607 Section 3 Appointed and Religious Holidays With City Council approval, every day appointed by the President of the United States or by the Governor of California for a public fast, thanksgiving or holiday, with the exception of Good Friday, shall be honored as an additional holiday. Employees may request time off to attend religious services or other religious activities on Good Friday or on the recognized religious holidays during the year; such time off shall be charged to the employees annually accumulated leave or compensating time off. If the employee has no accumulated annual leave or compensating time off, such time off shall be without pay. Section 4 Holidays Occurring on Normal Work Day, during Sick Leave or Annual Leave or on a Weekend A. In the event a fixed holiday (as defined in Section 1) falls on and is observed on an employee's regular day off: 1. If the employee is not required to work, such employee shall be granted a floating holiday. 2. If the employee is required to work the employee shall receive: a) pay at the time and a half rate for hours worked on the holiday; and b) floating holiday hours equal to the number of hours actually worked. B. In the event a fixed holiday (as defined in Section 1) falls on an employee's regular work day: 1. If the employee is not required to work, such employee shall be compensated at straight time equal to the number of hours the employee would have been assigned to work. 2. If the employee is required to work the majority (over half) of his/her shift between 12:00 a.m. and 11:59 p.m. on the observed fixed holiday, the employee shall receive one of the following at the option of the employee: a) pay at the time and a half rate for hours worked; or b) straight time and floating holiday hours equal to the number of hours actually worked. Exception: For the fixed holidays of Christmas Day, New Year's Day, day of July 4th, and Thanksgiving Day, employees shall receive: a) pay at the time and a half rate for hours worked on the holiday with a minimum of two (2) hours of pay; and b) eight hours paid holiday time at straight time. 6 NCMEA Agreement July 1. 2018 - June 30, 2020 430 of 607 II :> Shift Creditable Hours j Rationale November XX, 20XX (Thanksgiving) 20000 — 0600 8 hours holiday pay 10 hours worked at 1.5 times Thanksgiving is an "Exception" holiday November XX, 20XX (Day after Thanksgiving) 20000 — 0600 10 hours straight time 10 floater hours Fixed holiday December 24, 20XX (Christmas Eve) 20000 — 0600 10 hours straight time 10 floater hours Fixed holiday December 25, 20XX (Christmas Day) 20000 — 0600 8 hours holiday pay 10 hours worked at 1.5 times Christmas Day is an "Exception" holiday January 1, 20XX (New Years Day) 20000 — 0600 8 hours holiday pay 10 hours worked at 1.5 times New Years Day is an "Exception" holiday C. When an employee is absent on annual leave, sick leave or compensating time off, a fixed holiday immediately preceding, immediately following or wholly within such leave period shall be recorded as a holiday and not as a day of leave. D. If a fixed holiday occurs on a Saturday, the City will observe the holiday on the preceding working day. If the fixed holiday falls on Sunday, the following work day will be observed as the holiday, except as noted in Article — (holiday closure article). E. Should the City shift the observed holiday to a day other than the actual holiday, City employees working schedules outside of the standard Monday through Friday will continue to observe the actual holiday and be compensated according to time worked on the actual holiday as outlined above. Employees in this situation will be notified of the appropriate time card notations in advance of the holiday. Section 5 Holiday Closure City facilities will close for a period of approximately two weeks in December of each year of the agreement with time off for non -essential personnel. 1. Each June, employees may elect to either (a) take unpaid furlough hours/days off during the holiday closure for that calendar year, (b) use accrued paid leave balances (vacation, comp time and/or floating holidays) during the holiday closure for that calendar year, or (c) have equal pay deductions each pay period for the 26 pay periods of the fiscal year that includes the applicable holiday closure period to cover the two week holiday closure. + To elect options (a) or (c), employees must notify Payroll no later than the end of the last business day of the first full week in June of the applicable year. + For the December 2018 holiday closures (see dates below) only, because this 2018-2020 MOU was approved during the 2018-19 fiscal year, employees electing option (c) will have an amount taken each paycheck remaining in FY 2018-19 following the election necessary to cover the December 2018 holiday closure, + If no election is made, option (b) (use of accrued paid leave balances during the holiday closure) shall apply. If the employee's accrued leave balances are insufficient to cover the entire holiday closure, the remainder of the holiday closure hours will be deemed unpaid time off with a corresponding deduction in the employee's pay check for the pay period. 7 NCMEA Agreement July 1. 2018 — June 30, 2020 431 of 607 2. The City facilities shall close except for emergency services, including Fire, Police and other personnel deemed emergency services essential personnel. Any employee subject to the furlough that is required to work in the performance of services deemed to essential during the furlough period shall be credited with corresponding furlough leave hours. 3. The following calendar is based on the City's current 4/10 workweek. A change in the workweek schedule would result in a modification of the calendar. 2018 Holiday Closure December 24 holiday (Christmas Eve) December 25 holiday (Christmas Day) December 26, 27, 31 furlough or accrued leave January 1 holiday (New Year's Day) January 2 — 3 furlough or accrued leave 2019 Holiday Closure December 23 furlough or accrued leave December 24 holiday (Christmas Eve) December 25 holiday (Christmas Day) December 26, 30, 31 furlough or accrued leave January 1 holiday (New Year's Day) January 2 furlough or accrued leave 8 NCMEA Agreement July 1. 2018 — June 30, 2020 432 of 607 ARTICLE 3 - LEAVE ELIGIBILITY AND PROCEDURE Section 1 Leave Categories Consistent with the provisions of these chapters, employees in the competitive service shall be entitled to holidays and annual vacation and shall be allowed sick, injury, emergency and special leaves of absence. Career part-time employees in competitive service working twenty (20) hours or more per week, shall be entitled to all holidays, annual vacation, sick or emergency leave and special leaves of absence as granted to full-time employees on a pro rata basis within the same number of pay periods. Section 2 Requests for Leave All requests for leaves of absence, whether with or without pay, shall be submitted in writing on prescribed forms, and except as provided in the case of compulsory leave, court leave and special meetings, must meet the approval of the department head. Section 3 Leave Approval Except in the case of sick or emergency leave, the scheduling of leaves is subject to the approval of the department head or his/her designee. It is the obligation of the employee to request in writing prior approval for all other leaves. Under unusual circumstances, the department head has the discretion to waive the requirement for prior approval. The department head shall respond to a request for leave within ten (10) days. Approvals may be rescinded by the department director in time of emergencies such as flood, earthquake, fire, civil disturbance, maintenance of skeleton staffing level, and other similar situations. Leave will not be denied unless the department demonstrates that it cannot function without the individual who is requesting a leave. Section 4 Leave of Absence - Commencement and Termination Each leave of absence shall be granted for a specific period of time and a specific cause, and if such cause shall cease to exist prior to the expiration of the period for which the leave is granted, such leave shall thereafter be invalid. Section 5 Leave of Absence - Failure to Report Leaves of absence shall be indicated on the payroll time sheets submitted to the Director of Finance for checking and certification. Failure of an employee to report at the expiration of leave shall separate the employee from City service and shall be considered, in effect, a resignation; provided, however, the City may cancel such separation if circumstances warrant such cancellation (as determined by the City Manager or his designee). Section 6 Benefits during Leave without Regular Pay All accrual of leaves, City contributions and benefits will be suspended at the end of 45 calendar days after the leave of absence begins, except as provided in this MOU and applicable law. This includes leaves without pay, suspensions, injury leave and military leave. All accounts, contributions and benefits will resume upon return from leave. 9 NCMEA Agreement July 1. 2018 — June 30, 2020 433 of 607 ARTICLE 4 - ANNUAL VACATION LEAVE Section 1 All eligible employees shall be entitled to annual vacation leave with pay. Section 2 Accrual Rates All accrual rates are calculated on the basis of biweekly pay periods. All forty (40) hour per week employees shall be governed by the following vacation accrual rates: 1 through 5 years service 3.08 hours per pay period 6 through 10 years service 4.62 hours per pay period 11 through 12 years service 4.94 hours per pay period 13 through 14 years service 5.23 hours per pay period 15+ years service 6.15 hours per pay period New employees will receive, during their initial probationary period, five (5) days (totaling 40 hours) of accrued vacation at completion of nine (9) months of employment and five (5) days (40 totaling hours) of accrued vacation at completion of the probation period. Accrual will then continue at the rates above. Section 3 Scheduling of Vacation Vacation schedules shall be arranged by the department head with particular regard to the needs of the City and, as far as possible, with the wishes of the employee. 1. Eligibility for vacation pay shall be verified by the Finance Officer, who will pay only for that time which has accrued. 2. If the requirements of the employee's services are such that the employee cannot take part or all of his/her annual vacation in a particular calendar year, such vacation shall be taken during the following calendar year. 3. An eligible employee may take earned vacation in any increment of fifteen (15) minutes or more with the consent of the department head and the approval of the City Manager. Section 4 Maximum Vacation Accumulation An employee may accumulate vacation to a maximum of 2.5 times the yearly earned vacation time. Vacation leave is credited as earned and the amount of vacation leave accumulated shall not exceed the maximum and accrual shall stop whenever the employee is at the maximum. Section 5 Holidays Falling Within Vacation Period Except in the case of terminal vacation leave, paid holidays immediately proceeding, immediately following or wholly within the vacation period shall not be regarded as part of the vacation. 10 NCMEA Agreement July 1. 2018 — June 30, 2020 434 of 607 Section 6 Terminal Vacation Pay Upon termination from City service, an employee shall be entitled to pay in lieu for the number of accumulated vacation hours credited to the employee's account to a maximum of 2.5 times their annual accrual under the provisions of this section. All vacation granted upon completion of an employee's last day of work shall be a lump sum payment termed "terminal vacation pay" at the employee's current rate of pay. Section 7 Vacation Sell -Back During the term of this agreement, all MEA members on a career basis meeting the eligibility criteria defined below may convert a minimum of twenty (20) hours and a maximum of eighty (80) hours of their accumulated vacation time payable not later than December of each year. The City shall attempt to process these requests prior to the Thanksgiving holiday. In order to convert accrued vacation hours: a) Employees must use a minimum of 50 vacation hours during the eligibility period and have at least 80 hours "on the books" before and after the request. Effective for the November 2018 to October 2019 eligibility period (see Section d. below), employees must use a minimum of thirty (30) vacation hours during the eligibility period and have at least eighty (80) hours "on the books" before and after the request. b) Employees must submit a written request to Payroll to convert vacation hours to pay on or before November 1 of each year. c) Effective in 2018, employees who reach the vacation cap may have a second opportunity to convert vacation hours up to a total maximum of eighty (80) total hours in the applicable eligibility period under paragraphs a) and this paragraph. d) The eligibility period is defined as the first pay period in November to the last pay period in October. 11 NCMEA Agreement July 1. 2018 — June 30, 2020 435 of 607 ARTICLE 5 - MILITARY LEAVE In addition to the leaves of absence provided in this article, City officers or employees who are also members of the armed services or militia or organized reserves of this State or Nation, shall be entitled to the leaves of absence and the employment rights and privileges provided by the Military and Veterans' Code of the State of California. 1. The term "Military Service" as used herein shall signify service on active duty with any branch of service above mentioned as well as training or education under the supervision of the United States preliminary to induction into the military service. 2. The terms "active service" or "active duty" shall include the period during which such officer or employee while in military service is absent from duty on account of sickness, wounds, leave or other lawful cause. 3. No employee serving under a permanent appointment in the Classified Service shall be subjected by any person directly or indirectly by reason of his/her absence on military leave to any loss or diminution of vacation, holiday, insurance, pension, retirement or other privilege or benefit now offered or conferred by law, or be prejudiced by reason of such leave with reference to promotion, continuance in office or employment, re- appointment or re-employment. 4. When military leave is granted to an employee in the Classified Service pursuant to this section, the position held by such employee shall be filled temporarily only during the employee's absence, except in the event of the employee's death while on leave, and said employee shall be entitled to be restored to such position, or to a position of like seniority, status and pay upon, return from such leave, provided employee is still mentally and physically qualified to perform the duties of such position and provided said employee makes application for re-employment within ninety (90) days after being relieved from such military service. 5. During absence on military leave any employee in the Classified Service who has been employed continuously by the City for a period of not less than one (1) year prior to the date upon which such absence begins, shall receive his/her regular salary for a period not to exceed thirty (30) calendar days in any one fiscal year. All services of said employee in the recognized military service shall be counted as employment with the City. After 30 consecutive days of paid military leave, the City will supplement an employee's military pay for a period of 6 months. This supplemental amount will be the difference between the employee's normal pay and their military pay. In addition, the City will provide existing levels of health care benefits during the supplemental 6-month period. At the discretion of the City Council, supplemental paid military leave may be extended beyond the 6-month period. 12 NCMEA Agreement July 1. 2018 — June 30, 2020 436 of 607 ARTICLE 6 - FAMILY CARE AND MEDICAL LEAVE REFER TO CITY POLICY ON FAMILY AND MEDICAL LEAVE. SAID POLICY IS ON FILE IN THE OFFICE OF THE HUMAN RESOURCES DIRECTOR, AND IS INCORPORATED IN THIS MOU BY REFERENCE. 13 NCMEA Agreement July 1. 2018 — June 30, 2020 437 of 607 ARTICLE 7 - COURT LEAVE An employee who is required by court order to serve as a juror or as a witness who is not a party to a court action, shall be granted leave for such purpose upon presentation of proof of the period of said employee's required attendance to the department head and the Finance Officer. The employee shall receive full pay for the time he/she serves on court duty. Request for such leave shall be made upon the request for leave of absence forms. If juror or witness duty ends more than one hour prior to the conclusion of the work day, the employee shall report back to work or use leave time for the remainder of the work day unless other arrangements are agreed to by the supervisor. Police Services Officers, Crime Scene Specialists, Fire Inspectors and Police Dispatchers shall get a minimum of two (2) hours pay, at a rate of time and one half, for each court appearance required by their work responsibilities on regularly scheduled time off. If the employee travels directly between the court and his/her residence, then the employee shall be paid for 1/2 hour maximum. If the employee reports to the Police Station, he/she is not entitled to travel time between the station and home; he/she would be entitled, however, to compensation for parking fees and travel time between the station and the court. The City encourages the use of public transportation to avoid incurring parking fees. 14 NCMEA Agreement July 1. 2018 - June 30, 2020 438 of 607 ARTICLE 8 - SICK LEAVE WITH PAY The intent of this chapter is to provide a continuity of full salary to those eligible employees who are unable because of illness or injury to perform the duties of their positions who would expose fellow workers or the public to contagious disease and are thereby forced to be absent from employment, and to provide necessary time off from work for required medical and dental care, subject to administrative regulations designed to prevent malingering or abuse of these privileges. Section 1 Sick Leave Definition Sick leave is the necessary absence from duty of an employee for: A. Diagnosis, care, or treatment of the employee's existing health condition or preventive care for an employee; or B. The serious disability of the employee while on a scheduled vacation. C. The absence of an employee for authorized medical or dental care. D. Diagnosis, care, or treatment of an existing health condition of, or preventive care for an employee's family member. For the purposes of using sick leave under this policy only, "family member" shall mean an employee's parent, child, spouse, registered domestic partner, parent -in-law, sibling, grandchild or grandparent. E. The death of an immediate family member. In addition, an employee who is a victim of domestic violence, sexual assault, or stalking may use accrued paid sick leave under this policy for the following reasons: 1. To obtain or attempt to obtain any relief, including, but not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the victim or the victim's child; 2. To seek medical attention for injuries caused by domestic violence, sexual assault, or stalking; 3. To obtain services from a domestic violence shelter, program, or rape crisis center; 4. To obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking; 5. To participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation. Section 2 Sick Leave Accumulation A. Each regular full-time career or probationary employee in this bargaining unit, shall be entitled to accumulate sick leave at a rate of 3.69 hours per biweekly pay period. Earnings for partial pay periods shall be granted on a pro rata basis. Permanent part-time employees in the competitive service are entitled to accumulate sick leave at a rate consistent with the provisions of Article 3, Section 1. 15 NCMEA Agreement July 1. 2018 — June 30, 2020 439 of 607 B. Accumulated Sick Leave: Each career or probationary employee in this bargaining unit shall be eligible to accumulate sick leave up to a maximum of 400 hours, (herein called "accumulated sick leave"). Sick leave accrual will be credited on the last of each pay period up to the 400 hour maximum limitation. C. Frozen Sick Leave Balance: Employees hired on or before June 30, 1979 and who have an existing sick leave balance on June 30, 1979 were "frozen" at their June 30, 1979 sick leave balance levels on July 1, 1979. (Herein called "frozen sick leave balance"). Section 3 Sick Leave Usage A. Employees shall first utilize accumulated sick leave pursuant to Section 1 herein. Frozen sick leave balance will only be authorized for use after accumulative sick leave credits are exhausted for those employees who have a frozen sick leave balance pursuant to Section 2(C) herein. B. Upon reaching the maximum accumulated sick leave (400 hours), accrual will stop; sick leave accrual will begin after the employee's balance falls below 400 hours. Accrual will occur on the last day of the pay period in which the employee's balance falls below the 400 hour level. Said accrual will occur at the established rate as defined in Section 2(A). Section 4 Limitation on Time Chargeable to Sick Leave A. No person shall be entitled to sick leave with pay while absent from duty on account of any of the following causes: 1. Sickness sustained while on leave of absence other than his/her regular vacation. 2. No paid sick leave shall be granted in excess of the employee's sick leave credit. B. Absence that is chargeable to sick leave in accordance with this Chapter, shall be charged in the amount not smaller than fifteen (15) minutes. Section 5 Sick Leave Compensation A. In order to receive compensation while on sick leave, the employee shall notify: 1. The immediate supervisors, or; 2. The department head, or; 3. In the event of the unavailability of either, the senior department representative available. B. Notification shall be made prior to or not later than the beginning of the work day/shift in the employee's respective department. If the need for paid sick leave is unforeseeable, the employee shall provide notice of the need for the leave as soon as practicable. Compensation is contingent upon approval from the appropriate department director. C. The department head may waive the above requirements, if in his/her opinion, an emergency or other exceptional circumstance so warrants. Computation of sick leave shall not include regular days off or holidays, provided these are not in conflict with the established schedule within each department. 16 NCMEA Agreement July 1. 2018 — June 30, 2020 440 of 607 Section 6 Physician's Statement Required A. When absences for more than three (3) consecutive working days or when abuse of the sick leave benefit is suspected, the department head may require the employee to furnish a certificate or statement from a regular licensed and practicing physician, at the employee's own expense, whose license will be honored by the County Health Officer, indicating the nature and duration of the employee's incapacity or other adequate evidence if the employee was not examined by a physician. The appointing authority may require evidence of incapacity in cases of short periods of absence and may require a medical examination when an employee returns to work with indications of continuing illness or disability. B. The department head is responsible for sick leave verifications. This responsibility may be implemented by any reasonable method deemed necessary by the department head. Sick leave with pay is subject to verification of the employee's eligibility by the Finance Officer. Section 7 Separation from City Service All eligibility from sick leave with pay shall be canceled upon separation of the employee from the City service, provided that, if such separation is by lay-off, his/her accumulated eligibility shall be restored to him/her in whole if the employee is re-employed within 24 months. Section 8 Illness during Vacation Leave An employee who becomes incapacitated for work due to his/her illness or injury for more than three (3) consecutive calendar days while on paid vacation, may substitute sick leave credits for vacation, provided the employee's request for sick leave substitution is accompanied by a doctor's statement or other satisfactory evidence. Section 9 Holidays during Sick Leave Paid holidays immediately preceding, immediately following or wholly within the period for which sick leave is granted shall not be regarded as part of such period of sick leave. Section 10 Sick Leave Payment upon Retirement A. An employee hired on or before June 30, 1979, shall upon formal retirement from the City under the Public Employees' Retirement System, be paid for each day of unused sick leave or fraction thereof which has accrued to his/her credit up to and including his/her last day of work, but not to exceed 45 days or 360 hours. An employee hired on or after July 1, 1979 shall not be eligible for sick leave payment upon retirement. B. For employees hired on or before June 30, 1979 sick leave pay off upon retirement shall be the sum of: a. Frozen sick leave balance upon date of retirement. b. Accumulative sick leave balances upon retirement. However, in no event shall the payoff exceed 360 hours. 17 NCMEA Agreement July 1. 2018 — June 30, 2020 441 of 607 Section 11 Evidence of Cause of Absence In all cases of absence because of illness or death in the employee's family, the employee may be required to furnish to the appointing authority satisfactory evidence substantiating the facts justifying such leave. Failure to furnish such evidence upon request shall be sufficient reason for denying the leave of absence with pay. Section 12 Sick Leave Incentive Pay A. Employees using 36 hours of sick leave or less during the 26 complete pay periods most closely coinciding with the beginning and end of the fiscal year and having a minimum total accumulation of 160 hours, may sell for cash the excess over 160 hours of unfrozen sick leave accumulation to a maximum established according to the following schedule: Unused Sick Leave From Current Year's Accrual Annual Maximum Sell Back 96 Hours 32 Hours From 80-95 Hours 28 Hours From 60-79 Hours 22 Hours Only the hours sold back to the City shall be deducted from the employee's accrued balance of sick leave. B. Payment will be made during the month of August each year. Pay will be computed based on the employee's salary step on June 30 of the preceding fiscal year. (The Finance Department shall issue eligibility notices to qualified employees at the end of each fiscal year.) Written request must be submitted to the Finance Office within ten (10) working days of issuance of the notice. Sick leave incentive payments will be incorporated into the normal payroll. C. In lieu of sick leave incentive pay, the employee may elect to retain sick leave credits to the 400- hour maximum to supplement pay for long term disability leave, up to the maximum set in chapter 18 (3) of this MOU. D. Permanent employees who retire during the fiscal year will be compensated on a pro -rated basis subject to their formal retirement date. E. Subject to the approval of his/her department head, the employee may elect to receive additional vacation credits in lieu of all or part of the sick leave incentive pay. This election must be indicated in writing and submitted to the Finance Office with department head's signature within ten working days of issuance of the notice from Finance. This election may not be reversed at a later date. 18 NCMEA Agreement July 1. 2018 - June 30, 2020 442 of 607 ARTICLE 9 - TRANSFER OF LEAVE CREDITS Upon official request by an employee experiencing a catastrophic illness/injury or event, the employee's department director or the Association on behalf of the employee, the City Manager or his designee may allow individual employees the opportunity to transfer sick leave, vacation or holiday credits to another employee who has experienced a catastrophic event. All conditions for this transfer shall be in compliance with the City's Transfer of Leave (Catastrophic Leave) Policy. Sick leave donated will not be counted against sick leave incentive pay. 19 NCMEA Agreement July 1. 2018 - June 30, 2020 443 of 607 ARTICLE 10 - THE COMPENSATION PLAN Section 1 Salary Advancement The Compensation Plan of the City of National City has the following characteristics: 1. Each salary range consists of five (5) steps. 2. The increase from one step to the next step on each salary range is as indicated in the salary schedule. 3. Career part-time employees represented by the unit shall be eligible for step increases at a pro- rated time interval as regular career full-time employees. Salary advancement for each employee shall not be automatic, but shall depend upon the increased value of an employee to the City, as reflected by the recommendations of the employee's supervisor and department head and all other pertinent evidence. The success of the Compensation Plan depends upon incentives which will encourage employees to put forth increasing efforts as they advance through the salary steps of the salary range. Section 2 Salary Steps The steps of the salary range shall be interpreted and applied as follows. The second, third, fourth and fifth salary steps are incentive adjustments to encourage an employee to continue to improve his/her work. There shall be a five (5) percent differential between each of the five (5) steps. 1. The first salary step is the minimum rate and will normally be the hiring rate. Appointment may be made to other than the normal entering salary step upon the recommendation of the department head and upon the approval of the City Manager, when it is decided that such action is in the best interests of the City. 2. The second salary step: Six (6) months of satisfactory service, normally, shall make an employee eligible for consideration for this salary advancement. This salary advancement shall be made only if recommended by the department head and if approved by the City Manager. 3. The third salary step: Twelve (12) months of satisfactory service at the second salary step, normally shall make an employee eligible for consideration for this salary advancement. This salary advancement shall be made only if recommended by the department head and if approved by the City Manager. 4. The fourth salary step: Twelve (12) months of satisfactory service at the third step normally shall make an employee eligible for consideration for this salary advancement. This salary advancement shall be made only if recommended by the department head and if approved by the City Manager. 5. The fifth salary step: Twelve (12) months of satisfactory service at the fourth step normally shall make an employee eligible for consideration for this salary advancement. This salary advancement shall be made only if recommended by the department head and if approved by the City Manager. 20 NCMEA Agreement July 1. 2018 — June 30, 2020 444 of 607 Section 2 Salary Steps (continued) All rates shown and conditions set forth herein, are in full payment for services rendered and are intended to cover full payment for the number of hours now regularly worked in each class. Employees engaged for less than full-time should be paid a proportionate part of these salaries, or by hourly rate of pay that falls within these ranges. Each promotion shall carry with it a salary increase of at least five (5) percent as long as such increase does not exceed the top step of the new classification. The provisions of this article are based upon the salary schedules adopted by the City. Section 3 Performance Reports Notwithstanding any of the other provisions of this article, no employee shall be denied a step advancement consistent with normal practice whose last performance report had an overall rating of STANDARD, ABOVE STANDARD or OUTSTANDING, if that performance report was made within the last 30 calendar days. If step is denied, a new performance report will be completed and performance will be reviewed every sixty (60) calendar days for reconsideration of the step increase. 21 NCMEA Agreement July 1. 2018 — June 30, 2020 445 of 607 ARTICLE 11- OVERTIME Section 1 Standard Overtime A. The smallest unit of time credited as overtime shall be one -tenth (1/10) hour. B. Overtime worked that is less than one -quarter (1/4) hour shall be rounded off to the nearest quarter hour each week. C. Overtime credit must be for work specifically suffered, ordered, requested or approved by the department head or a designated representative. Overtime compensation or compensating time shall be earned at the rate of one and one-half (1-1/2) times the eligible hours. D. Overtime compensation or compensating time shall be granted for hours exceeding forty (40) hours of time actually worked. Time worked includes all paid hours including sick leave, leaves during which Worker Compensation is paid, pre -approved vacation time, holidays, furloughs, or any other time away from the job that is paid. The normal work week varies among City employees, and shall be determined by the employees official schedule or other approved schedule documentation on file in the Human Resources Department. Work, other than normal work schedule, directed for annual special events, such as the International Fair & Parade, the Independence Day celebration, Auto Heritage Days, Chili Cook -off, City -Wide Free Trash Pickup Days, and the Street Light Inspection Program, will be compensated according to overtime rates. For those events where the City Council approves overtime, employees working those events shall receive overtime pay. E. An employee who is directed by the department director to attend commission or council meetings held after normal working hours will be compensated per the "call-back" provision. Section 2 Compensating Time Off A. Consistent with the provisions of Section 1 above, employees may be credited with compensating time off for overtime worked up to a maximum accrual of 100 hours, upon prior request of the employee and approval of the department director. B. Compensating time off credits may be accumulated up to 100 "converted hours". Exceptions to exceed this maximum may be authorized by the Human Resources Director on request by the employee and approval of the Department Director under conditions set by the Human Resources Director. C. An employee shall be allowed to use compensating time off in increments of fifteen (15) minutes or more which may be taken in conjunction with vacation credits. Time off approval and scheduling shall be subject to the provisions of Article 3 of these articles. D. Written requests to use compensatory time off shall be treated in the same manner as requests to use vacation. An employee will not be required to take compensatory time earned at straight time hour nor will an employee be required to take compensatory time within the same pay period as earned. E. Once each fiscal year, an employee may by written request cash out up to eighty (80) banked compensatory time hours. 22 NCMEA Agreement July 1. 2018 — June 30, 2020 446 of 607 Section 3 On -Call Status A. Employees may be assigned to on -call status for possible work and will be required to be available after working hours where the employee can be reached by telephone or pager and can respond within 30 minutes. Individuals assigned to "on -call" have the responsibility of obtaining qualified relief in the event they cannot be called back. The relief must have the pre -approval of appropriate supervisor. B. The following procedures shall apply to on -call status: 1. Personnel going on vacation, floating holiday or any other absence from work of their own request during scheduled on -call will be responsible for providing their own qualified relief. 2. Personnel incapacitated for scheduled on -call by sickness or other absence not within their control will not be required to provide their own relief, if notice is given to the department. 3. If an employee is accepting on -call pay and does not respond to a call-back, that employee shall forfeit that day's on -call pay and may be subject to disciplinary action, unless that failure to respond was for reasons beyond the control of that employee as determined by the department director. 4. Employees will be assigned to on -call status, first on a volunteer basis and thereafter assigned by reverse seniority. On -Call Status will not exceed seven (7) days in any thirty day period and will be rotated among qualified personnel, unless otherwise agreed to by the employee and the Department Head. In the event of personnel shortages, the City may assign an employee(s) to on -call status based on reverse seniority among qualified employees. 5. The on -call work week will be determined by the appropriate department head. 6. When any class is scheduled for on -call work the City shall provide pagers at the beginning of the on -call assignment. C. On -Call Pay 1. For a normal work day shift, pay shall be the dollar equivalent to one and a half (1-1/2) hours at current hourly rate per each day of on -call status. 2. For a normal weekend shift (Saturday and Sunday), pay shall be the dollar equivalent to two (2) hours at current hourly rate per each day of on -call status. 3. For a fixed holiday on which the Civic Center is closed, pay shall be the dollar equivalent to two and a half (2-1/2) hours at current hourly rate per each day of on -call status. Section 4 Call -Back The City may direct a field response by an employee during other than normal working hours for emergency purposes which shall constitute a "call-back", and paid at the rate of one and one-half (1-1/2) times the number of hours worked, with two (2) hours being the minimum for any call-back that requires return to the work site. Call-back time earned shall not be counted as actual time worked for overtime purposes. 23 NCMEA Agreement July 1. 2018 — June 30, 2020 447 of 607 ARTICLE 12 - EDUCATION EXPENSES REIMBURSEMENT AND EMPLOYEE LOUNGE UPGRADE Section 1 The City shall provide $16,000 for MEA to fund the Education Expenses Reimbursement Plan, which is available to employees on paid status or the Association as a group who wish to improve their work performance through furthering their education. The plan provides up to $1,200 per employee, per fiscal year until this fund is exhausted and is available to all employees who meet the following criteria: 1. Successful completion of probation. 2. A proposed course of instruction or training is related to the employee's employment with the City. The department director has the final authority in determining whether a course or training has job related value. Request must be submitted in writing on appropriate City form prior to taking the course of instruction or training. 3. The reimbursement may be used to cover the required costs, such as tuition, registration, books, and up to $50 of other materials or supplies considered necessary by the Department Director. In order to be eligible for reimbursement for the full cost of books, the books used in a formal course of education upon completion of the course must be turned over to the employee's department for access by all employees. If the employee wishes to keep books purchased as part of the class requirement, the employee shall only receive one half (1/2) of the purchase price. 4. The course must be passed with a grade "C" or better. If taken on pass/fail or completion basis, employee must complete or pass course(s) taken. 5. The employee must show written documentation of the expenditures being claimed for reimbursement. 6. Reimbursement may be requested for fee -based educational programs to be attended on employee's own time for professional self -development. Reimbursement under this plan will be made upon completion of the courseware as per part 2 above. Section 2 Reimbursement of Expenses in Maintaining Required Licenses and Permits In addition to the funds provided for educational reimbursement, the City shall provide monies to reimburse employees for the actual cost of the certificate or license expenses and any required medical examinations when such certificate or license is required by the City or law in the performance of their duties of their current positions. Claims shall be submitted in writing with proof of costs to the Personnel Department for approval and payment. Class "C" Driver's License expense is not a reimbursable expense. Section 3 Enhancement to Employee Lounge City agrees to allocate $25,000, in total, toward the refurbishment of the kitchen/employee lounge area at City Hall and the Public Works yard. A Steering Committee, comprised of City managers and MEA employees, will oversee the project and its completion. 24 NCMEA Agreement July 1. 2018 — June 30, 2020 448 of 607 ARTICLE 13 - SERVICE RECOGNITION PAY Section 1 In addition to other compensation paid for the services of employees, service recognition pay shall be paid to employees hired before July 1, 1991 of the City on the following basis: A. After five (5) years of continuous and uninterrupted service the sum of $10.00 per month; B. After ten (10) years of continuous and uninterrupted service the sum of $15.00 per month; C. After fifteen (15) years of continuous and uninterrupted service the sum of $20.00 per month; D. After twenty (20) years of continuous and uninterrupted service the sum of $25.00 per month; E. After twenty-five (25) years of continuous and uninterrupted service a sum of $30.00 per month, which shall be the maximum payable. Vacation, sick leave, workers' compensation leaves, comp time, suspensions with pay, floating holidays and other approved City paid leaves of absence shall be continuous and uninterrupted time. All unpaid suspensions and approved leaves of 30 days or less shall be continuous and uninterrupted time; those of more than 30 days shall be continuous employment, but interrupted. In the event an employee ceases to be employed by the City of National City for a reason other than military service or lay-off, all rights to longevity pay shall be forfeited and expired, and if said employee is subsequently re-employed by the City, said employee shall not be entitled to any service recognition pay by reason of any prior employment. 25 NCMEA Agreement July 1. 2018 - June 30, 2020 449 of 607 ARTICLE 14 - HEALTH AND DENTAL INSURANCE Section 1 Insurance Program Coverage As a benefit to career full-time employees and, on a pro -rated basis, career part-time employees working 20 hours/week or more in this bargaining unit, the City will provide a combined group insurance program of health and dental coverage. The benefits and limitations of the program are to be designed cooperatively by the Employees' Association, City and program provider. The Employees' Association and City agree to select and implement health insurance programs, which best serve the needs of the employees. Section 2 City Contribution The City will offer medical and dental benefits to eligible employees. Employees who enroll shall receive a City contribution toward the cost of health and dental coverage as follows: CITY'S CONTRIBUTION IF DON'T ELECT KAISER HIGH DEDUCTIBLE HEALTH PLAN (Kaiser HDHP): Employee Only Employee +1 Employee +2 or more $527.42/month $876.54/month $1,227.43/month CITY'S CONTRIBUTION IF ELECT THE KAISER HIGH DEDUCTIBLE HEALTH PLAN (Kaiser HDHP) Employee Only $457.56/month Employee +1 $736.80/month Employee +2 or more $1,029.81/month Effective the first full pay period following city Council approval of this MOU, the City will contribute toward the cost of employee health care at the current contribution level plus $50 per month. Each plan year thereafter, the City's contribution will equal the previous year's contribution level plus fifty percent (50%) of the premium increase for the lowest cost health and dental plans. A. City contribution will discontinue when employee goes on unpaid status for more than 45 calendar days, except as otherwise specified in this agreement or by law. Employees in this status may continue coverage at their own expense. B. If the cost of providing this benefit for employees and their dependents exceeds the established City contribution, the employee must pay the excess amount. Section 3 Money In Lieu of Coverage An employee may elect employee only coverage in health and receive the remaining amount of the City's contribution as cash -in -lieu. Provided that an employee shows proof of coverage under a non -City sponsored health plan, the employee, during the annual open enrollment, may elect not to participate in a City sponsored health plan and receive $125/month maximum in lieu of coverage. Effective the first full pay period following City Council approval of this MOU, the amount of maximum in lieu of coverage shall increase to $175 per month. Any actual savings realized by City during the previous calendar year from MEA employees 26 NCMEA Agreement July 1. 2018 — June 30, 2020 450 of 607 opting out of City coverage will be calculated in January of each year and re -distributed equally to all MEA employees in the form of an increase of City contribution for health coverage. 27 NCMEA Agreement July 1. 2018 — June 30, 2020 451 of 607 Section 4 Insurance Broker The City agrees to assign Willis Towers Watson as the City's Broker of record to review, recommend and generally assist in the administration of the benefits program. Section 5 Retiree Health Benefit A. Employees covered by this MOU, who retire from the City of National City after July 1, 2002 and before July 1, 2014, and who retire with at least 20 full years of service under the Ca1PERS Retirement System shall receive $5/month for each year of PERS Service with the City as the City's contribution towards their medical insurance premium. This contribution shall continue until the retiree qualifies for Medicare. B. Effective July 1, 2014, employees covered by this MOU must retire from the City of National City and have 20 full years of pensionable service credit with the City of National City to receive $10/month for each year of pensionable service with the City as the City's contribution towards their medical premium. Effective for persons retiring after this 2018-2020 MOU is approved by the City Council, employees covered by this MOU must retire from the City of National City and have 20 full years of pensionable service credit with the City of National City to receive $20/month for each year of pensionable service with the City as the City's contribution towards their medical premium. This contribution does not entitle the retiree to any particular insurance or to any particular rate. A qualifying retiree may receive these contributions even if not enrolled in a City health plan, so long as the retiree annually provides the City with written proof (e.g. copy of health insurance invoice and payment) that the retiree is using the contributions to pay for health premiums and understands that the retiree is solely responsible for any taxes that might be due as a result of the City's contribution. Retirees eligible for this benefit are responsible for paying the health insurance premium and the City will forward this benefit amount on a monthly basis directly to the retiree. This benefit will be canceled upon non-payment of premium or otherwise becoming ineligible. The retiree is also responsible for notification to the City of address change and health coverage from another source. Section 6 Health Care The City and SEIU are open to the concept of joint discussions for the purposes of identifying a comprehensive solution that is beneficial to the City and SEIU represented employees without harming other City of National City employee groups. 28 NCMEA Agreement July 1. 2018 - June 30, 2020 452 of 607 ARTICLE 15 - HEALTH & SAFETY RELATED PROGRAMS Section 1 Smoking Policy The Municipal Employees' Association agrees to City No Smoking Policy at the workplace. Section 2 Continuation of Coverage's The City agrees to continue its contributions toward health, dental and life insurance coverage for employees who are receiving workers' compensation benefits from the City for a period not to exceed twelve (12) months. Section 3 Premium Payment Program (I.R.S. 125 Plan) The City agrees to implement a 125 reimbursement plan to allow pre-tax dollars to be utilized in the payment of employee's portion of medical, dental and insurance premiums, medical expenses and dependent care expenses. The City shall arrange for a plan administrator for dependent care provision of the City's 125 Plan, provided all costs are paid by the employees who participate. Section 4 Employee Assistance Program The City shall make available a voluntary Employee Assistance Program (EAP) for psychological assessment, counseling and referral to all employees represented by the Municipal Employees' Association at no cost to the employees, except for referrals out of the basic program. Employees using this program may do so on their own time. Section 5 Hazardous Materials The City will provide containment and disposable devices on City vehicles where there is exposure to materials, especially needles that may be harmful. 29 NCMEA Agreement July 1. 2018 - June 30, 2020 453 of 607 ARTICLE 16 - EMPLOYEE LIFE INSURANCE As a benefit to full-time employees in this bargaining unit, the City will provide a group life insurance program. The benefits and limitations of the program are to be designed cooperatively by the Employees' Association and insurance carrier. The City will provide up to $25,000 Term Life Insurance with Accidental Death and Dismemberment coverage for each employee at no cost to employee. An amount will be paid by the City for each permanent part-time employee in the competitive service that is proportional to the permanent time base of his/her appointment (e.g., a half-time employee will receive half the amount of a full-time employee). The parties agree to meet and consult within a reasonable period of time before the completion of the current contract between the City and its insurance carrier that provides for Term Life Insurance with Accidental Death and Dismemberment with the purpose of increasing the death benefit amount for employees at no additional cost to the City. The City will attempt to complete this task by soliciting quotes from insurance providers. 30 NCMEA Agreement July 1. 2018 — June 30, 2020 454 of 607 ARTICLE 17 - SHORT TERM/LONG TERM DISABILITY INSURANCE All employees shall continue to participate in the City sponsored Disability Insurance program (STD/LTD) through payroll deduction. Section 1 Cost and Benefits Total costs of the program are paid by all employees in the bargaining unit through payroll deductions at the rates set by the established plan. Participation, costs and benefits of the program are subject to the regulations and requirements of the Plan. Section 2 Continuation of Insurance Benefits During the period that an employee is receiving benefits from the (STD/LTD) Plan, the City shall continue to pay its share of the Insurance Premiums for Health and Life Insurances with no cash -in -lieu for a period of up to twelve (12) months or until such time as the disability is considered permanent. Section 3 Income Supplement Employee receiving STD/LTD benefit may use sick leave, vacation, and other leave accruals to supplement income to an amount no greater than the employee's regular gross monthly pay. 31 NCMEA Agreement July 1. 2018 — June 30, 2020 455 of 607 ARTICLE 18 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM Consistent with the Government Code of the State of California, employees are local miscellaneous members of the Public Employees' Retirement System and are entitled to optional benefits as indicated in all amendments to the contract between the Board of Administration of PERS and the City Council regarding miscellaneous employees. The retirement formula for miscellaneous members shall be as follows: 1. Employees hired on or before March 21, 2011 (Tier I): a. Shall pay 8% of reportable compensation to PERS through payroll withholding on a pre- tax basis effective July 1, 2011. Effective retroactive to the first full pay period in July 2018, for persons employed on the date the Council approves this 2018-2020 MOU, employees in Tier I shall contribute 1.0% additional to their pension for a total of 9.0%, 8.0% to the employee contribution rate and 1.0% to the employer contribution rate. Effective the first full pay period in July 2019, employees in Tier I shall contribute a further 1.0% to their pension for a total of 10.0%, 8.0% to the employee contribution rate and 2.0% to the employer contribution rate. b. The retirement formula will include 3% at 60 years of age and the "Single Highest Year" provision. 2. Employees hired on or after March 22, 2011 but before January 1, 2013 (Tier II): a. Shall pay 7% of reportable compensation to PERS through payroll withholding on a pre- tax basis effective July 1, 2011. Effective retroactive to the first full pay period in July 2018, for persons employed on the date the Council approves this 2018-2020 MOU, employees in Tier II shall contribute 1.0% additional to their pension for a total of 8.0%, 7.0% to the employee contribution rate and 1.0% to the employer contribution rate. Effective the first full pay period in July 2019, employees in Tier I shall contribute a further 1.0% to their pension for a total of 9.0%, 7.0% to the employee contribution rate and 2.0% to the employer contribution rate. b. The retirement formula will include 2% at 60 years of age and the "Single Highest Year" provision. 3. Employees hired on or after January 1, 2013: A. New members to the public retirement system as defined by Government Code Section 7522.10(f)(1)(2)(3) (Tier III): a. Shall pay 50% of the normal cost of defined retirement benefit contribution as determined by Ca1PERS according to the most recently completed valuation period. Effective retroactive to the first full pay period in July 2018, for persons employed on the date the Council approves this 2018-2020 MOU, Tier III employees shall contribute 1.0% in excess of the 50% of the normal cost statutory percentage determined by Ca1PERS. Effective the first full pay period in July 2019, Tier III employees shall contribute 2.0% in excess of the 50% of the normal cost statutory percentage determined by Ca1PERS. b. The retirement formula will include 2% at 62 years of age and the "Three Year Averaging" provision. 32 NCMEA Agreement July 1. 2018 — June 30, 2020 456 of 607 B. Classic members as defined by the Public Employees Retirement Law shall be placed in the retirement formula and pay the same reportable compensation to PERS as those employees hired on or after March 22, 2011 (Tier II). 4. The formula for determining the average monthly pay rate when calculating retirement benefits shall be reduced from the "Single Highest Year" provision to "Three Year Averaging" as soon as permitted by PERS. The City agrees to request an actuarial analysis from Ca1PERS for the purpose of determining difference in the cost to the City for employee paid employee contributions and employee paid employee employer contributions. After receipt of the analysis, the City and MEA agree to reopen discussions on this single issue. 33 NCMEA Agreement July 1. 2018 — June 30, 2020 457 of 607 ARTICLE 19 - PROVISIONS OF LAW This MOU is subject to all future and current applicable Federal or State laws and regulations. If any part of the provisions of this MOU is in conflict with such applicable provisions of Federal or State laws or regulations, or is otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part of provision shall be suspended and superseded by such applicable law or regulations, and the remainder of the MOU shall not be affected and the NCMEA shall have the right upon request to meet and confer concerning the practical effect of such conflicts on wages, hours or terms and conditions of employment. 34 NCMEA Agreement July 1. 2018 — June 30, 2020 458 of 607 ARTICLE 20 - EMPLOYEE AND ASSOCIATION RIGHTS Section 1 Employee Rights Each individual employee shall have the following rights which he/she may exercise in accordance with law, the National City Civil Service Rules and applicable laws, ordinances, rules and regulations: A. The right to form, join and participate in the activities of employee organizations of his/her own choosing for the purpose of representation on matters of his/her employee relations with the City, or to refuse to join or participate in the activities of any employee organization. B. The right to pay dues to such employee's organization through regular payroll deduction. C. The right to be free from interference, intimidation, restraint, coercion, discrimination or reprisal on the part of his/her department head, his/her supervisor, other employees or employee organizations, with respect to membership or non -membership in any employee organization or with respect to any lawful activity associated therewith which is within the scope of representation. D. The right to represent himself/herself individually in his/her employee relations with the City. Whenever a City employee desires to represent himself/herself in consulting with City management during his/her regular hours of work, he/she shall first request and obtain from his/her department head permission to take time off to do so. E. The right to confidentiality of personal information including information provided on the employee's paycheck. It shall be the responsibility of each department to ensure that this right is protected. Section 2 Association Rights A. The right for the MEA to use City facilities to hold official scheduled meetings. B. The right to designate authorized representative who shall have access to work locations and employees subject to department head approval, when such access does not unduly interfere with departmental operations and is in the course of grievance resolution. C. The right to post information concerning elections, benefits, notices, reports, programs and promotions. D. The right to notice by the City of new employees in this unit. E. The Personnel Office shall distribute informational materials provided by the Association to new employees during the in -processing orientation. 35 NCMEA Agreement July 1. 2018 — June 30, 2020 459 of 607 Section 2 Association Rights (continued) F. The Association may designate one steward from City Hall, one steward from Public Works, one steward from Community Services, one steward from the Library, one steward from Fire, one steward from the Parks Division, one steward from Building & Safety, and one steward from the Police to represent employees from their respective areas in meeting with management on appeals of discipline and formal grievances. The appropriate steward shall request in writing and shall be allowed reasonable time off during duty hours for this purpose, provided the time requested does not substantially impact departmental operations. In the event the steward cannot be released as requested, the supervisor shall provide an alternate time within the next forty-eight (48) hours. Stewards shall be designated in advance by written notice from the MEA to the Human Resources Director and the Steward's Department Director. G. The Association shall be allowed the use of the City's intranet for the purposes of Union Communications. As the City Manager's Designee, the Human Resources Director will provide final review and approval of all related content/information. H. The Association shall be entitled to hold four (4) one -hour meetings annually. Section 3 Labor Management Committee The City and the Association agree to establish a Labor Management Committee. The purpose of the Committee is to discuss issues relating to this agreement, and other issues of quality of work life. The Committee shall have no authority to change, modify, alter or amend this agreement. The Committee shall be composed of the president of the Association or his/her designee, a designated representative, and one other member. In addition, the City shall appoint the Director of Human Resources or his/her designee and one other management employee. Meetings shall be held when mutually agreed upon and at times that are mutually acceptable to both parties. The party desiring to meet shall request the meeting at least fifteen (15) days prior and shall submit an agenda of items to be discussed. It is the intent of the parties to foster a cooperative atmosphere and harmonious working relations. Therefore, the parties agree to only issue joint statements, when necessary, on the results of the Committee. The City and the Union agree to refer the Union proposal regarding reclassifications/salary adjustments to the Labor Management committee for resolution. Section 4 Time Off to Vote in Statewide Election The City will comply with California Elections Code sections 14000 regarding employees' right to paid time off from work to vote in a State-wide election. 36 NCMEA Agreement July 1. 2018 — June 30, 2020 460 of 607 ARTICLE 21- WAGE AND SALARY SCHEDULE Section 1 Classification and Base Wage Ranges Effective retroactive to the first full pay period in July 2018, for persons employed on the date the City Council approves this MOU, the City will increase employees' salary by 3.0%. Effective the first full pay period in July 2019, the city will increase employees' salary by a further 3.0% CLASSIFICATION TITLE RANGE Abandoned Vehicle Abatement Officer 83 Academic Enrichment Programs Coordinator 124 Accountant 121 Accountant Trainee 103 Accounting Assistant 83 Administrative Secretary 92 Alarm Program Coordinator 63 Animal Regulations Officer 98 Assistant Engineer -Civil 146 Assistant Planner 124 Assistant Tree Trimmer 89 Associate Engineer -Civil 159 Associate Planner 135 Building Inspector 128 Building Inspector/Plan Checker 138 Building Trades Specialist 105 Buyer 99 Carpenter 102 Civil Engineering Technician 114 Code Conformance Officer I 113 Code Conformance Officer II 123 Community Development Specialist I 124 Community Development Specialist II 135 Community Services Officer 80 Construction Inspector 123 Crime Analyst 125 Crime Scene Specialist 112 Custodian 59 37 NCMEA Agreement July 1, 2018 —June 30, 2020 461 of 607 Electrician 108 Equipment Mechanic 110 Equipment Operator 101 Executive Chef 84 Executive Secretary 108 Fire Inspector 128 Graffiti Removal Assistant 82 Graffiti Removal Technician 101 38 NCMEA Agreement July 1. 2018 — June 30, 2020 462 of 607 CLASSIFICATION TITLE RANGE Home Delivered Meals Coordinator 60 Home Delivered Meals Driver 47 Housing Assistant 89 Housing Inspector I 116 Housing Inspector II 126 Housing Specialist 122 Junior Engineer -Civil 129 Lead Equipment Mechanic 120 Lead Hazard Control Program Case Manager 110 Lead Hazard Control Program Coordinator 120 Lead Housing Inspector 115 Lead Risk Inspector/Assessor 115 Lead Sampling Technician 86 Lead Tree Trimmer 100 Librarian 124 Librarian (Literacy Services) 124 Library Assistant 63 Library Technician 93 Maintenance Worker 82 Management Analyst Trainee 108 Neighborhood Council Specialist 101 Office Assistant 56 Park Caretaker 80 Park Supervisor 116 Parking Regulations Officer 85 Parks Equipment Operator 101 Permit Technician 92 Planning Technician 104 Plans Examiner 144 Plumber 102 Police Dispatcher 119 Police Dispatch Supervisor 145 Police Investigative Aide 105 Police Investigator (Non -sworn) 128 Police Operations Assistant 93 Police Records Clerk 69 Police Records Supervisor 123 Property Agent 136 Property & Evidence Specialist I 92 39 NCMEA Agreement July 1. 2018 — June 30, 2020 463 of 607 CLASSIFICATION TITLE RANGE Property & Evidence Specialist II 112 Property & Evidence Unit Supervisor 123 Purchasing Clerk 83 Recreation Center Supervisor 100 Recreation Supervisor 112 Senior Accounting Assistant 99 Senior Building Inspector 138 Senior Civil Engineering Technician 125123 Senior Code Conformance Officer 133 Senior Construction Inspector 138 Senior Equipment Operator 113 Senior Housing Specialist 132 Senior Librarian 134 Senior Library Technician 99 Senior Office Assistant 69 Senior Park Caretaker 88 Senior Police Dispatcher 140 Senior Traffic Painter 101 Sous Chef 66 Street Sweeper Operator 101 Stop Grant Office Coordinator 92 Storm Water Compliance Inspector 125 Supervising Custodian 71 Traffic Painter 89 Training Coordinator 77 Tree Trimmer 94 Wastewater Crew Chief 110 40 NCMEA Agreement July 1. 2018 - June 30, 2020 464 of 607 ARTICLE 22 - UNIFORMS Section 1 The City will pay the yearly cost for uniforms and cleaning for those employees required to wear uniforms as follows: 1. Public Works Employees: Public Works employees assigned to conduct City related work in the field or custodial work in City facilities shall receive five (5) changes of shirts and pants/shorts per week. 2. Nutrition Center: Five (5) changes of shirts and pants/shorts per week. 3. Police Department positions designated by the Chief of Police: Five (5) sets of required clothing at hire with necessary replacements during ensuing years, and a cleaning allowance of $10 per week. The City will also provide reimbursement for required leather accessories to a maximum of $100 every four (4) years. 4. Fire Department: $650/year allowance will be provided to Fire Inspectors. 5. If employees are required by City Management to wear safety shoes or other specified footgear, the City will provide it. If an employee wishes to have a pair of boots which costs more than the boots being provided by the City, the employee may pay the difference, provided the boots meet safety precautions of the City. The City and MEA/SEIU agrees to form a committee to discuss, evaluate, and make recommendations in good faith regarding the list of City provided safety equipment, including safety shoes/footgear, safety glasses, and any other City provided safety items. All employees of these departments who are provided uniforms must wear the uniform as provided by the City. With prior approval from the Department Director, uniforms may include, T-shirts with City and/or Department logo identification. Uniform style and fabric (i.e., cotton vs. polyester, etc.) shall be mutually agreed to between the City and MEA. Upon the written approval of the Department Head, employees shall have the option to wear uniform shorts unless proven to be unsafe for the work being performed. 41 NCMEA Agreement July 1. 2018 — June 30, 2020 465 of 607 ARTICLE 23 - EQUIPMENT ALLOWANCE Section 1 Tool Replacement Allowance This article applies only to Equipment Mechanics, who are required to provide their own tools on the job as a condition of employment. Essential required tools and tool boxes will be replaced by the City in kind if they are lost due to fire, burglary or robbery of the City facility or some other catastrophe or accident not due to the employee's fault or negligence. An inventory of all employees' tools will be taken by the Public Works Director or his/her designee at least once a year to ensure that the employee has all essential tools on hand. A tool replacement allowance of $30 per pay period will be paid to the above positions to maintain the essential tools inventory. Failure to maintain the essential tools inventory shall result on loss of tool replacement allowance until such inventory is satisfied. The parties agree to reopen negotiations on the tool allowance. The scope of negotiations will include review of the appropriate tools needed for the impacted classifications, the list of required tools, the amount of the tool allowance, and the method of reimbursement for the tool allowance. Section 2 Safety Glasses and Goggles Any safety glasses or protective goggles required by the City employees shall be provided at no cost to the employee. Such requirement shall be determined by the department head or the Risk Manager. 42 NCMEA Agreement July 1. 2018 - June 30, 2020 466 of 607 ARTICLE 24 - WORK DAY, WORK WEEK, PAY PERIOD AND PAY DAY Section 1 Workday The workday shall normally be eight (8) hours to ten (10) hours in length and the normally scheduled workweek is 40 hours. On request by the employee, the scheduled hours of the workweek may be modified by the department director on an individual basis subject to approval by the City Manager only to the extent that City offices maintain current availability to the public and that the modification does not create overtime pay in any given workweek. In making the determination on the acceptability of modification, the department director will consider the effect of the modification on the department's ability to deliver services efficiently and on a timely basis. Approval of any individual request shall not entitle any other employee of the same modification, and the department director may withdraw approval if the modification creates a hardship for the department. Call-back and on -call time are excluded from the computation of the hours paid for the purposes of overtime. All work days exceeding five (5) hours length shall include at least a 30-minute period for lunch break without pay with the exception of Police Dispatchers. A maximum of fifteen (15) minutes paid time for rest shall be provided for each four (4) consecutive hours work and may be taken as assigned by the employee's supervisor. Police Dispatchers shall work four (4) ten (10) hour days per week, including two (2) 17.5 minute rest periods, and one-half (1/2) hour paid lunch break. 1) Every effort will be made to have Police Dispatchers receive their paid meal breaks (30 minute break) as circumstances permit but there is no guarantee. Employees are subject to call back from breaks during emergencies and/or when the volume of activity requires such staffing. 2) Employees shall not combine two or more rest periods into one rest period, except as approved by the unit's sworn supervisor or Chief of Police during non -routine and/or unexpected circumstances. 3) Employees shall not save rest / meal periods to justify shortened work days. Starting and stopping work times are designated by the department director for the scheduled work day. Employees will be notified of their work hours. When there is a change of work hours of over one (1) hour for more than five (5) consecutive working days, the employee will receive a ten (10) working day notice before such change is made, unless mutually agreed to by the employee and the supervisor. The department director retains the right to make immediate changes to resolve unforeseen problems, and will provide at least three (3) day notice in such instance, and pay the first two (2) days worked of the change at the overtime rate. 43 NCMEA Agreement July 1. 2018 — June 30, 2020 467 of 607 Section 2 Workweek The workweek shall consist of seven (7) consecutive calendar days beginning on Tuesday at 7:00 a.m. with at least two (2) consecutive days off. Section 3 Pay Period Pay period shall consist of fourteen (14) calendar days commencing 07/01/86. Section 4 Pay Day Except in the case of unusual and compelling circumstances or an extreme emergency, pay day shall be every other Wednesday. If Wednesday is a fixed holiday, it shall be the previous work day. Section 5 Alternate Work Schedules The City and Association agree to implement a 4/10 work schedule. The target turn -on date will be mid - late February, 2006. The City Manager has the ability to discontinue the 4/10 schedule with thirty days' notice and will meet and confer should such discontinuation be deemed necessary. The City Manager has sole discretion to exempt any position or group of positions from 4/10 in order to fulfill delivery of City services. The City and MEA will work jointly on the development of an optional flexible workweek schedule program (including a 4/10 option) for Library Department employees. If agreement is reached by the City and MEA, the terms of the flexible workweek schedule program will be incorporated by side letter. The City and Association agree to incorporate the 9/80 side letter, with the provision that should a 4/10 schedule be unsuccessful the City will revert to the former 9/80 work schedule. 44 NCMEA Agreement July 1. 2018 - June 30, 2020 468 of 607 ARTICLE 25 - PAY DIFFERENTIALS Section 1 Bilingual Pay Current employees in designated positions who have successfully completed a Bilingual Performance Evaluation administered by the Human Resources Department or provided other evidence acceptable to the Human Resources Department of their competence, who are regularly required to use their bilingual skills in Spanish, Tagalog or any other second language approved by the Human Resources Director, shall receive a Bilingual pay differential of $50 per pay period. This differential would be subject to termination, if due to change in assignment or position, the skill is no longer required by the City. Each Department Director shall recommend the position to receive bilingual pay in writing to the Human Resources Director for approval. Positions receiving bilingual pay shall be reviewed annually by the Human Resources Director and an MEA Representative. Section 2 Acting Assignment Pay Effective the first full pay period in October 2018, for acting assignments where the first day of the acting assignment is on or after October 9, 2018, when an employee is officially assigned to perform the full range of duties of a higher paid classification for a period exceeding forty (40) consecutive hours, such employee shall be compensated with a minimum of five (5) percent above the employee's current base hourly rate starting with the first hour of the assignment. Beginning with the first full pay period after six (6) consecutive months in the acting assignment, the employee shall be compensated with a minimum of ten (10) percent of the employee's base rate. The duration of acting pay assignments shall not exceed one (1) calendar year. Section 3 Sign Language Pay Employees possessing sign language skills may register with the Human Resources Department and be called to use those skills on an on -call basis. Employees who are called shall be paid $20 per occurrence while on City time and $30 per occurrence when not on City time. Section 4 Shift Differential Employees shall receive a shift differential of $50 per pay period in which the majority of their regularly scheduled shift is after 10:00 p.m. and before 6:00 a.m. the next day. Section 5 Trainer Assignment Pay for Dispatchers Dispatchers in the Police Department shall receive Trainer Assignment Pay equal to three percent (3%) of base salary when assigned as a trainer for other dispatchers and the training is anticipated to last at least one month. This pay differential will be determined on a daily basis and will not apply to days when the trainer is absent from work or otherwise not engaged in performing the training function. 45 NCMEA Agreement July 1. 2018 - June 30, 2020 469 of 607 ARTICLE 26 - GRIEVANCE PROCEDURE Section 1 Purpose The purposes and objectives of the grievance procedure are to: A. assure just treatment of all employees and promote harmonious relations among employees, supervisors and management; B. encourage the settlement of disagreements informally at the employee -supervisor level and provide an orderly procedure to handle grievances through the several supervisory levels where necessary; and C. resolve grievances as quickly as possible and correct, if possible, the causes of grievances thereby reducing the number of grievances and future similar complaints. Section 2 Reviewable and Non -Reviewable Grievances To be reviewable under the procedure, a grievance must: A. concern matters or incidents that have occurred directly to the grievant and grievance is presented to immediate supervisor within thirty (30) calendar days; and B. result from an act or omission by management in violation of this MOU, other official City policies, rules and regulations or Council resolutions relating to employer -employee relations; and C. arise out of a specific situation, act or acts complained of as being violated which resulted in inequity or damage to the employee; and D. specify the provision allegedly violated and the relief sought. A grievance is not reviewable under this procedure if it is a matter which: A. is reviewable under, or is subject to some other administrative procedure and/or Personnel rules and regulations of the City, such as: 1. applications for changes in title, job classification, or salary; 2. appeals arising from termination of employment during probationary period. B. would require a change in prevailing ordinances, resolutions, or contracts or to circumvent existing avenues of relief where appeal procedures have been prescribed; C. would require the "meet and confer" process for desired change. 46 NCMEA Agreement July 1. 2018 — June 30, 2020 470 of 607 Section 3 Determination of Reviewability Once a formal written grievance is received by the Department Director, it shall be reviewed by the Human Resources Director as to whether it is a grievable issue. Such determination shall be final unless the Association is not in agreement, then the final determination shall be made by the City Attorney. Section 4 Consolidation of Grievances If the grievance involves a group of employees or if a number of employees file separate grievances on the same matter, the grievance shall, whenever possible, be handled as a single grievance. A. Settlement. Any grievance shall be considered settled at the completion of any step if all parties are satisfied or if the grievant party fails to present the matter to a higher authority within the prescribed period of time. No settlement to any grievance shall be considered precedential or bind the Association to any interpretation of this agreement, rules, regulations or policies of the City or Department without the Association's express written consent. B. Reprisal. The grievance procedure is intended to assure a grieving employee the right to present a grievance without fear of disciplinary action or reprisal by the grievant's supervisor, superior or department head, provided the employee observes the provisions of this grievance procedure. Section 5 Grievance Procedure The following procedure shall be followed by a grievant submitting a grievance: 1. Step One: Discussion with Supervisor. The grievant shall orally present the grievance to the employee's supervisor within thirty (30) calendar days after the grievant knows or reasonably should have known the event or events on which the grievance is based. Within fifteen (15) calendar days, the supervisor shall give a decision to the grievant orally. Any agreement between the grievant and the supervisor shall be subject to the approval of the Department Director before it shall be deemed to "settle" the grievance. 2. Step Two: Written Grievance to Department Director. If the grievant and supervisor cannot reach an agreement as to a solution of the grievance or the grievant has not received a decision within fifteen (15) calendar day limit, the grievant may within fifteen (15) calendar days present the grievance in writing to the Department Director. The Director shall hear the grievance and give written decision to the grievant within fifteen (15) calendar days after receiving the grievance. 3. Step Three: Grievance to City Manager. If the grievant and the Department Director cannot reach an agreement as to the solution of the grievance or the grievant has not received a decision from the Director within the fifteen (15) calendar day limit, the grievant may within fifteen (15) calendar days present the grievance in writing to the City Manager. The City Manager shall hear the grievance and give a written decision to the grievant within fifteen (15) calendar days after receiving the grievance. The City Manager may designate another executive employee or a non - employee of his choosing to act on his behalf. 47 NCMEA Agreement July 1. 2018 — June 30, 2020 471 of 607 Section 5 Grievance Procedure (continued) At the hearing before the City Manager or his/her designee, the grievant may be represented by an Association representative, or an attorney, and may produce on their behalf, relevant oral or documentary evidence. Witnesses may be permitted. The hearing need not be conducted according to the technical rules relating to evidence and witness. The parties may submit opening briefs to the City Manager (or designee) at the commencement of the hearing. Unless otherwise agreed to by the parties, closing briefs will not be permitted. The parties have the right to present a closing argument to the City Manager (or designee) after both parties rest their case. A record of the proceedings shall be maintained, with transcripts to be made available at cost to the grievant. The City Manager (or designee) shall thereafter make written findings of fact and a disposition of the grievance. The decision of the City Manager (or designee) shall be final. Section 6 Special Provisions of the Grievance Procedure A. Grievances may be initiated only by a grievant. B. Prompt Presentation. The employee shall discuss the grievance with the employee's immediate supervisor promptly within thirty (30) days after the act or omission of management causing the alleged grievance. C. Prescribed form. The written grievance shall be submitted on a form prescribed by the City for this purpose. Departments shall maintain an adequate supply of such forms. D. Employee Representative. The employee may be self represented or may choose someone as a representative at any step of this grievance procedure. E. Statement of Grievance. The grievance shall contain a statement of: 1. Specific situation, act or acts complained of as violation of this Agreement, or written rules, regulations or policies; 2. The damage suffered by the employee; and 3. The relief sought. F. A grievance may be discussed and processed on City time, except that no overtime, or additional compensation shall be allowed if the proceedings extend beyond the employee's or representative's workday or workweek. The employee and representative shall cooperate with the Department in such a manner that there will be a minimum of interference with the normal operations of the Department's work. G. Extension of Time. The time limits within which action must be taken or a decision made as specified in this procedure may be extended by mutual written consent of the parties involved. 48 NCMEA Agreement July 1. 2018 - June 30, 2020 472 of 607 ARTICLE 27 - MANAGEMENT RIGHTS Except --and only to the extent --that specific provisions of this Agreement expressly provide otherwise, it is hereby mutually agreed that the CITY has and will continue to retain, regardless of the frequency of exercise, rights to operate and manage its affairs in each and every respect. The rights reserved to the sole discretion of the CITY shall include, but not be limited to the right: To determine the mission of its constituent departments, commissions, boards; set standards of service; determine the procedures and standards of selection for employment and promotions; direct its employees; establish and enforce reasonable dress and grooming standards; determine the methods and means to relieve its employees from duty because of lack of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; to modify shift work time of a classification or position, when such modification will aid the City in its delivery of services to the public; determine the content and intent of job classifications; approve or disapprove secondary employment held by departmental employees; determine methods of financing; determine style and/or types of City -issued wearing apparel, equipment or technology to be used; determine and/or change the facilities, methods, technology, means, organizational structure and size and composition of the work force and allocate and assign work by which the City operations are to be conducted; determine and change the number of locations, relocations and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to the right to contract for or subcontract any work or operations of the City; to assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments upon reasonable notice; establish and modify productivity and performance programs and standards; discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees for cause; establish reasonable employee performance standards including, but not limited to, quality and quantity standards; and to require compliance therewith; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. Those inherent managerial functions, prerogatives and policy making right whether listed above or not which the CITY has not expressly modified or restricted by a specific provision of this Agreement shall be carried out in accordance with applicable Civil Service Rules. In exercising these rights the City shall comply with all applicable provisions of this MOU and all applicable laws. The exercise of said rights shall not preclude employees or their representatives from meeting and conferring as required by law with City management representatives about the practical consequences that decisions on these matters may have on wages, hours and other terms and conditions of employment. Such meeting and conferring shall take place prior to implementation except in case of emergency or unforeseen circumstance. In the event of emergency or unforeseen circumstance the City will meet and confer with NCMEA as soon as possible after implementation. 49 NCMEA Agreement July 1. 2018 - June 30, 2020 473 of 607 ARTICLE 28 - OBLIGATION TO SUPPORT Section 1 The parties agree that subsequent to the execution of this MOU and during the period of time said MOU is pending before the City Council for action, neither the NCMEA, nor management, nor their authorized representatives, will appear before the City Council or meet individually or privately with said members of the City Council, to advocate any amendment, deletion or addition to the terms and conditions of this MOU. It is further understood that this Article shall not preclude the parties from appearing before the City Council to advocate or urge the adoption and approval of this MOU in its entirety. Section 2 During the term of this MOU, NCMEA, its officers, agents and members agree that they shall neither engage in, nor encourage, nor will any of its members or representatives take part in any strike, work stoppage, slowdown, sick -in or other concerted action which adversely impacts the provision of governmental services including refusal to work. Section 3 During the term of this MOU, if an employee participates in any manner in any strike, work stoppage, slowdown, sick -in or other concerted action which adversely impacts the provision of governmental services including refusal to work or participates in any manner in any picketing other than informational or impediment to work in support of any strike, work stoppage, slowdown, sick -in or other concerted action which adversely impacts the provision of governmental services including refusal to work or induces other employees of the City to engage in such activities, such employee shall be subject to any action or remedy legally available to the City. 50 NCMEA Agreement July 1. 2018 - June 30, 2020 474 of 607 ARTICLE 29 - AGREEMENT, MODIFICATION, WAIVER A. This Memorandum of Understanding sets forth the full and entire agreement of the parties regarding the matters set forth herein, and any prior or existing understanding or agreements over these matters between parties, whether formal or informal, are hereby superseded, or terminated in their entirety. B. No agreement, alteration, understanding, variation, waiver of modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto unless made and executed in writing and affixed hereto by all parties and approved by the City Council. C. The waiver of any breach, term or condition of this Memorandum by either party shall not constitute a precedent in the future enforcements of all of its terms and provisions. D. The provisions of this MOU shall not be revised during the term of this MOU without mutual written approval of the parties except as set out in Article 19 of this MOU, or in the event that the City determines that a citywide lay-off is necessary. 51 NCMEA Agreement July 1. 2018 — June 30, 2020 475 of 607 ARTICLE 30 - DURATION OF MEMORANDUM OF UNDERSTANDING This MOU shall be effective July 1, 2018 and shall remain in full force and effect until June 30, 2020, and from year to year thereafter, until a successor agreement is agreed or impasse proceedings are completed. Both parties mutually agree to begin a good faith meet and confer process for the successor MOU by March 1, 2020, and strive to complete negotiations by June 15, 2020. Should the City or NCMEA be unable to reach agreement on a new MOU by June 15, 2020, the City or NCMEA may declare impasse, as outlined in the Employer -Employee Relations Policy, so that negotiations may be completed before the expiration of this MOU. 52 NCMEA Agreement July 1. 2018 — June 30, 2020 476 of 607 ARTICLE 31- DEFINITIONS Refer to definitions contained in the Civil Service Rules. 53 NCMEA Agreement July 1. 2018 — June 30, 2020 477 of 607 RESOLUTION NO. 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TWO-YEAR MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION WITH EFFECTIVE DATES OF JULY 1, 2018 — JUNE 30, 2020 WHEREAS, on June 16, 2015, the City Council of the City of National City approved a three-year Memorandum of Understanding ("MOU") between the City and the National City Municipal Employees' Association ("NCMEA"), represented by the Service Employees' International Union, which expired on June 30, 2018; and WHEREAS, having met and conferred in good faith through a series of meetings, City representatives and NCMEA representatives reached a tentative agreement on a two-year successor MOU with effective dates of July 1, 2018 — June 30, 2020, which has been ratified by the NCMEA's membership. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves a two-year Memorandum of Understanding between the City of National City and the National City Municipal Employee's Association for the period of July 1, 2018 through June 30, 2020. PASSED and ADOPTED this 20th day of November, 2018. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 478 of 607 CC/CDC-HA Agenda 11/20/2018 — Page 479 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City adopting City Council Policy No. 120 - "Selection of Vice Mayor". (City Manager) Please scroll down to view the backup material. 479 of 607 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 20, 2018 AGENDA ITEM NO. ITEM TITLE: A Resolution of the City Council of the City of National City adopting City Council Policy No. 120 — "Selection of Vice Mayor" PREPARED BY: Leslie Deese, City Manager PHONE: 619.336.4242 APPROVED BY:.�K._ EXPLANATION: Please see attached staff report. DEPARTMENT: City Manager FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Staff recommends Council adopt the resolution and consider adding language to the policy that in the event of an unanticipated vacancy on the City Council that appointees not be considered in a rotation for Vice Mayor during the appointed term of office. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1) Staff Report 2) Draft City Council Policy #120 — Selection of Vice Mayor 3) Resolution 4) City Council Agenda Item dated April 4, 2017 480 of 607 BACKGROUND: At the April 4, 2017 regular meeting of the City Council of the City of National City, Council directed the City Manager to return with a policy governing the selection of vice mayor. The Council directed that staff use the City of La Mesa's policy as a model for National City's policy and that the policy become effective in December 2018. This item memorializes the Council's action. DISCUSSION: As noted in the attached January 30, 2017 memorandum from the City Manager and City Attorney, the selection of the Vice Mayor is governed by Section 36801 of the California Government Code which provides: The city council shall meet at the meeting at which the declaration of the election results for a.general municipal election is made pursuant to Sections 10262 and 10263 of the Elections Code and, following the declaration of the election results and the installation of elected officials, choose one of its number as mayor, and one of its number as mayor pro tempore. [Referred to as the Vice Mayor in National City] Because National City has a directly elected Mayor, the provisions of the section pertaining to the City Council selecting the Mayor do not apply; the Council selects only the Vice Mayor. The City of La Mesa's policy on the selection of Vice Mayor rotates the office of the Vice Mayor among all members of the City Council. The term of each member is for a one-year period beginning the second Tuesday of August one year and ending on the Monday before the second Tuesday the next August. The Vice Mayor will be the councilmember with the most seniority who has not been Vice Mayor in the last three consecutive years. In the event two or more councilmembers have equal seniority and have not been Vice Mayor in the last three consecutive years, the councilmember with the most votes in their last regular election shall serve as Vice Mayor. National City's draft policy essentially mirrors La Mesa's, with the exception of the month the appointment begins. Rather than an August appointment, staff recommends December based on several factors: • Coincides with the draft policy's effective date in December. • Anticipates certifying election results in December. • Consistent with the Council's past selection and rotation of Vice Mayor in December. Staff also notes that La Mesa's policy does not address unanticipated vacancies on the City Council and, in the event of a vacancy, whether an appointee is included in a rotation and if so, 481 of 607 where in a rotation an appointee would be placed. Staff recommends that appointees not be included in a rotation for the position of Vice Mayor during the term of office, STAFF RECOMMENDATION: Staff recommends Council adopt the resolution and consider adding language to the policy that in the event of an unanticipated vacancy on the City Council that an appointee not be included in a rotation for Vice Mayor during the term of office. 482 of 607 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Selection of Vice Mayor POLICY: #120 ADOPTED: AMENDED: PURPOSE In order to provide every member of the City Council with an::op.portunity to serve as Vice Mayor, it is the policy of the City Council that selectio_rrbe made on the basis of the length of time that a member has served on the Gjt_`Council, and whether or not the member has previously had the opportunity t serve! POLICY It is the policy of the City Council of the City f Nationa City that the poaftion of Vice Mayor shall be rotated among the Councilmerribers- soithhaLeach Cound lmember serves one (1) year as Vice Mayor during his/herfat:1r 4) year term. The City Council shall select the Vice Mayot in accordance Allidhe procedure set forth herein. 1. As a general law city, selection of the W May oritgoverned by Sections 36801 and 34905�of_the California GovernrrinCode. Section 36801 provides: ; -= _ - ' The'ctty cpuncil aall meet at the:meeting at which the declarati6Yt=:of th' ectipn results for a general municipal ele=oton is ifir e pursuanfto=Sections 10262 and 10263 of the Ei&tons Gone and, following the declaration of the election- r suits aril they installation of elected officials, == _ choose ane=of its number as mayor, and one of its number as mayor pt`_tempore. [Referred to as the "vice mayor" in ational Cityy] Because N tnnal'"City has a directly elected Mayor, pursuant to Title 4, Division 2, Article 3 of the Government Code, the provisions of Section 36801 pertaining to the City Council selecting the Mayor do not apply; the Council selects only the Vice Mayor. 2. The Vice Mayor shall have the powers and duties as specified in Government Code Section 36802 which provides that the Mayor shall preside at the meetings of the City Council and that if the Mayor is absent or unable to act, the Vice Mayor has all of the powers and duties of the Mayor. Page 1 of 2 483 of 607 TITLE: Selection of Vice Mayor POLICY: #120 ADOPTED: AMENDED: 3. The term of Vice Mayor shall be for one year and, in accordance with Government Code Section 36801, selection of the Vice Mayor shall occur upon certification of the election results. For purposes of this policy, the election assumes the general election held in November and certification of the election results generally occurring in December. 4. The Vice Mayor shall be the Councilmember with the most seniority who has not been Vice Mayor in the last three consecutive years=ln the event two or more Councilmembers have equal seniority and have:not been Vice Mayor in the last three consecutive years, the Councilnerr_with the most votes in their last regular general election shall servas Vide' -Mayor. RELATED POLICY REFERENCES • California Government Code • California Elections Code Page 2 of 2 484 of 607 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 4, 2017 AGENDA ITEM NO. 1 ITEM TITLE: Continued discussion on establishing a policy for selection of the Vice -Mayor. PREPARED BY: Stacey Stevenson PHONE: 336-4308 EXPLANATION: DEPARTMENT: City Manager APPROVED BY: -- 42.� This item was docketed and properly noticed for the regularly scheduled City Council meeting of March 21, 2017. Due to the lateness of the hour, the City Council voted 4-1 to continue this matter to a future agenda. The explanation of the item and all supporting documentation are provided as an attachment in the form of the materials submitted for the March 21, 2017 agenda. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: There is no fiscal impact associated with this item. ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Provide direction to staff. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: March 21, 2017 agenda item: Continued discussion on establishing a policy for selection of the Vice -Mayor (including attachments). 485 of 607 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 21, 2017 AGENDA ITEM NO. ITEM TITLE: Continued discussion on establishing a policy for selection of the Vice -Mayor. PREPARED BY: Stacey Stevenson PHONE: 336-4308 EXPLANATION: The regular City Council meeting of December 20, 2016 included a noticed action item to select a Vice -Mayor. During the discussion of the item and the associated process, Councilmember Rios requested that an item be placed on the February 7, 2017 Council agenda for the Council to discuss enacting a policy for the selection of the Vice -Mayor. DEPARTMENT: City Manager APPROVED BY: On February 7, 2017, the City Attorney and the City Manager brought forward the requested item and included the results of a county -wide survey of other cities' practices for the selection of a vice -mayor. After reviewing and discussing the information, it was requested that staff bring back a chart of examples, including how the models followed in La Mesa and Imperial Beach would work. In response, staff has developed four models (attached), each following the same scenario of councilmember seniority and election cycles to illustrate how the Vice Mayor selection process would unfold over a six year period. FINANCIAL STATEMENT: ACCOUNT NO. There is no fiscal impact associated with this item. memannamAnzal APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: ri FINAL ADOPTION: Li Finance MIS STAFF RECOMMENDATION: Provide direction to staff. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Vice -Mayor selection modeling February 7, 2017 agenda item: Discussion of establishing a policy for selection of the Vice -Mayor. 2 486 of 607 NATIONAL err Vice Mayor Selection Modeling March, 2017 "Imperial Beach" Order of rotation: • Current councilmember who has not served as Vice Mayor • Councilmember elect with the most votes from the election • Councilmember elect • Current councilmember who just served as Vice Mayor • After a councilmember serves one year as Vice Mayor, he/she will go to the bottom of the list and the others will move up one spot • New elected/re-elected councilmembers will be placed on the list, after the current councilmember who has not served as Vice Mayor, in order of votes received Scenario: Councihnember A — Elected 2012, Re-elected 2016 Previously served as Vice Mayor in 2015 Councilmember B - Elected 2014 Current Vice Mayor (2016) Councilmember C — Elected 2014 Councilmember D — Elected 2016 Year 2016 (election year): Order (for 2017): Councilmember C Councilmember D Councilmember A Councilmember B • Current councilmember who has not served as Vice Mayor • Councilmember elect with the most votes from the election • Councilmember elect • Current councilmember who just served as Vice Mayor • After a councilmember serves one year as Vice Mayor, he/she will go to the bottom of the list and the others will move up one spot • New elected/re-elected councilmembers will be placed on the list, after the current councilmember who has not served as Vice Mayor, in order of votes received Councilmember C will be Vice Mayor 3 487 of 607 Year 2017 Order (for 2018): Councilmember D Councilmember A Councilmember B Councilmember C • Current councilmember who has not served as Vice Mayor • Councilmember elect with the most votes from the election • Councilmember elect • Current councilmember who just served as Vice Mayor • After a councilmember serves one year as Vice Mayor, he/she will go to the bottom of the list and the others will move up one spot • New elected/re-elected councilmembers will be placed on the list, after the current councilmember who has not served as Vice Mayor, in order of votes received Councilmember D will be Vice Mayor Year 2018 (election year) Councilmembers B and C were re-elected. Everyone has now served as Vice Mayor. Order (for 2019): Councilmember A Councilmember B or C Councilmember C or B Councilmember D The order of Councilmembers B and C is dependent on the number of votes they received in the election • Current councilmember who has not served as Vice Mayor • Councilmember elect with the most votes from the election • Councilmember elect • Current councilmember who just served as Vice Mayor • After a councihmember serves one year as Vice Mayor, he/she will go to the bottom of the list and the others will move up one spot • New elected/re-elected councilmembers will be placed on the list, after the current councilmember who has not served as Vice Mayor, in order of votes received Councilmember A is next up in the rotation and will be Vice Mayor Vice -Mayor Modeling Page 2 of 10 4 488 of 607 Year 2019 Order (for 2020): Councilmember B or C Councilmember C or B Councilmember D Councilmember A • Current councilmember who has not served as Vice Mayor • Councilmember elect with the most votes from the election • Councilmember elect • Current councilmember who just served as Vice Mayor Councilmember B or C will be the Vice Mayor: whichever received the higher vote count of the two in the 2018 election Year 2020 (election year) Councilmember A was unseated. There is a newly elected councilmember. Councilmember B was re-elected. Councilrnembers B, C and D have all served as Vice Mayor. Order (for 2021): Councilmember B or C Councilmember D Councilmember A Councilmember B or C • Current councilmember who has not served as Vice Mayor • Councilmember elect with the most votes from the election • Councilmember elect • Current councilmember who just served as Vice Mayor • After a councilmember serves one year as Vice Mayor, he/she will go to the bottom of the list and the others will move up one spot • New elected/re-elected councilmembers will be placed on the list, after the current councilmember who has not served as Vice Mayor, in order of votes received Councilmember B or C will be the Vice Mayor, whichever one wasn't the Vice Mayor in 2020. Table: "Imperial Beach" Model by Year Year Councilmember A Councilmember B Councilmember C Councilmember D 2015 x • 2016 x 2017 x 2018 x 2019 x x 2020 x x Vice -Mayor Modeling Page 3 of 10 5 489 of 607 "La Mesa" Order of Rotation: • The councilmember with the most seniority who has not been Vice Mayor in the last three consecutive years. • In the event two or more councilmembers have equal seniority and have not been Vice Mayor in the last three consecutive years, the councilmember with the most votes in their regular election shall serve as Vice Mayor. Scenario: Councilmember A — Elected 2012, Re-elected 2016 Previously served as Vice Mayor in 2015 Councilmember B — Elected 2014 Current Vice Mayor (2016) Councilmember C — Elected 2014 Councilmember D — Elected 2016 Year 2016 (election year) Order (for 2017): Councilmember C Councilmember D Councilmember A Councilmember B Councilmember C will be Vice Mayor (Councilmember A has been Vice Mayor within the last 3 consecutive years. Councilmembers B and C are tied in seniority but Councilmember B is the current Vice Mayor) Year 2017 Order (for 2018): Councilmember D Councilmember A Councilmember B Councihnember C Councilmember D will be Vice Mayor Vice -Mayor Modeling Page 4 of 10 6 490 of 607 Year 2018 (election year) Councilznembers B and C were re-elected. Order (for 2019): Councilmember A Councilmember B Councilmember C Councilmember D Councilmember A will be Vice Mayor (Councilmember A has seniority and has not been the Vice Mayor in the last three consecutive years) Year 2019 Order (for 2020): Councilmember B Councilmember C Councilmember D Councilmember A Councilmember B will be Vice Mayor Year 2020 (election year) Councilmember A was unseated. There is a newly elected councilmember. Councilmember B was re-elected. Order (for 2021): Councilmember C Councilmember D Councilmember A Councilmember B Councilmembers C and D have seniority over the newly elected councilmember A. Councilmember C wilI be Vice Mayor as he/she has not been Vice .Mayor in the last three consecutive years while D has. Table: "La Mesa" Model by Year Year Councilmember A Councilmember B Councilmember C Councilmember D 2015 x 2016 x 2017 x 2018 x 2019 x 2020 x Vice -Mayor Modeling Page 5 of 10 7 491 of 607 "Seniority -based" — Version 1 (assumes any time already served by a currently seated councilmember will be factored into the rotation schedule) • The councilmember with the most seniority who has not been the Vice Mayor in the last year. • When seniority is tied, the councilmembers will be ranked in order by the number of votes, highest to lowest, from the election. • After a councilmember serves one year as Vice Mayor, he/she will go to the bottom of the list and the others will move up one spot. • A councilmember may not serve as Vice Mayor during his/her first year in office. Scenario: Councilmember A Councilmember B — Councilmember C — Councilmember D — Elected 2012, Re-elected 2016 Previously served as Vice Mayor in 2015 Elected 2014 Current Vice Mayor (2016) Elected 2014 — Elected 2016 Year 2016 (election year) Order (for 2017): Councilmember C Councilmember D Councilmember A Councilmember B Councilmember C will be Vice Mayor (Councilmember A has the most seniority but has already served as Vice Mayor. Councilmembers B and C are tiedin seniority but Councilmember B is the current VM) Year 2017 Order (for 2018): Councilmember D Councilmember A Councilmember B Councilmember C Councilmernber D will be Vice Mayor Vice -Mayor Modeling Page 6 of 10 8 492 of 607 Year 2018 (election year) Councilmembers B and C were re-elected. Order (for 2019): Councilmember A Councilmember B Councilmember C Councilmember D Councilmember A will be Vice Mayor (Councilmember A has seniority and has not been the Vice Mayor in the last year) Year 2019 Order (for 2020): Councilmember B Councilmember C Councilmember D Councilmember A Councilmember B will be Vice Mayor Year 2020 (election year) Councilmember A was unseated. There is a newly elected councilmember. Councilmember B was re-elected. Order (for 2021): Councilmember C Councilmember D Councilmember B Councilmember A Councilmember C will be Vice Mayor as he/she has the most seniority. As a newly elected Councilmember, Councilmember A is placed at the bottom of the seniority list and will be eligible for Vice Mayor in 2023 (his/her third year in office) Table: "Seniority" Model —Version 1 by Y Year Councilmember A Councilmember B Counclmember C Councilmember D 2015 x 2016 x 2017 x 2018 x 2019 x 2020 x Vice -Mayor Modeling Page 7 of 10 9 493 of 607 "Seniority -based" -- Version 2 (assumes the seniority rotation plan begins with the first Vice Mayor term following adoption of the policy regardless of any previous appointment to Vice Mayor of currently seated councilmembers) • The councilmember with the most seniority who has not been the Vice Mayor in the last year. • When seniority is tied, the councilmembers will be ranked in order by the number of votes, highest to lowest, from the election. • A councilmember may not serve as Vice Mayor during his/her first year in office. • After a Councilmember serves one year as Vice Mayor, he/she will go to the bottom of the list and the others will move up one spot. Scenario: Councilmember A Councilmember B — Councilmember C — Councilmember D — Elected 2012, Re-elected 2016 Previously served as Vice Mayor in 2014 Elected 2014 Current Vice Mayor (2015)* Elected 2014 —Elected 2016 * received more votes than councilmember C Year 2016 (election bear) Order (for 2017): Councilmember A Councilmember B Councilmember C Councilmember D Councilmember A will be Vice Mayor Year 2017 Order (for 2018): Councilmember B Councilmember C Councilmember D Councilmember A Councilmember B will be Vice Mayor Vice -Mayor Modeling Page 8 of 10 10 494 of 607 Year 2018 (election year) Councilmembers B and C were re-elected. Order (for 2019): Councilmember C Councilmember D Councilmember A Councilmember B Councilmember C will be Vice Mayor Year 2019 Order (for 2020): Councilmember D Councilmember A Councilmember B Councilmember C Councilmember D will be Vice Mayor Year 2020 (election year) Councilmember A was unseated. There is a newly elected councilmember. Councilmember B was re-elected. Order (for 2021): Councilmember B Councilmember C Councilmember D Councilmember A Councilmember B will be Vice Mayor as he/she has the most seniority. As a newly elected Councilmember, Councilmember A is placed at the bottom of the seniority list and will be eligible for Vice Mayor in 2023 (his/her third year in office) Table: "Sen ority" Model —Version 2 by Year Year Councilmember A Councilmember B Councilmember C Councilmember D 2015 x 2016 x 2017 x 2018 x 2019 x 2020 x Vice -Mayor Modeling Page 9 of 10 11 495 of 607 COMPARISON OF TABLES BY MODEL Table: "Imperial Beach" Model by Year Year Councilmember A Councilmember B Councilmember C Councilmember D 2015 x 2016 x 2017 x 2018 x 2019 x x 2020 x x Table: "La Mesa" Model by Year Year Councilmember A Councilmember B Councilmember C Councilmember D 2015 x 2016 x 2017 x 2018 x 2019 x 2020 x Table: "Seniority" Model —Version 1 by Year Year Councilmember A Councilmember B Councilmember C Councilmember D 2015 x 2016 x 2017 x 2018 x 2019 x 2020 x Table: "Seniority" Model —Version 2 by Year Year Councilmember A Councilmember B Councilmember C Councilmember D 2015 x 2016 x 2017 x 2018 x 2019 x 2020 x Vice -Mayor Modeling Page 10 of 10 1 2 496 of 607 PHONE: EXPLANAT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 7, 2017 AGENDA ITEM NO. ITEM TITLE: Discussion of establishing a policy for selection of the Vice -Mayor. IIREPMED BY: Leslie Deese, City Manager George H. Eiser, ill, Interim City Attorney Ext, 4242 Ext, 4222 Please see attached memorandum. STATEMENT: ACCOUNT NO. N/A FINANCIAL ENVIRQNMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: L J FINAL ADOPTION!: 'TAFF RECOMMENDATION: Provide direction to staff. E3OARD / COMMISSION RECOMMENDATION. N/A ATTACHMENTS: Memorandum Survey of other citiespractices Written policies from the Cities of Del Mar and Imperial Beach DEPARTMENT: City Manager City Attorney APPROVED Eir-7-74---.74____ APPROVE!) BY: APPROVED: APPROVD: 46C 1 3 27 497 of 607 T 01o4iiiort 'OD MEMORANDUM TO: Mayor and City Council DK1'E: January 30, 2017 FROM: City Manager• interim City Attorney SUBJECT: Discussion of Establishing a Policy for Selection of the Vice -Mayor At the December 20, 2016 City Council meeting, the Council acted to select a Vice -Mayor. At the meeting, Councilmember Rios requested that an item be placed on the February 7 City Council agenda for the Council to discuss enacting a policy for selection of the Vice -Mayor. Because National City is a general law city, selection of the Vice -Mayor is governed by Sections 36801 anal 34905 of the California Government Code. Section 36801 provides: The city council shall meet at the tweeting at which the declaration of the election results for a general municipal election. is made pursuant to Sections 10262 and 1.0263 of the .Elections Code and, Following the declaration of the election results and the installation of elected officials, choose one of its number as mayor, and one of its number as mayor pro tempore. [Referred to as the "vice -mayor" in National City.] Because National City has a directly elected Mayor pursuant to Title 4, Division. 2, Article 3 of the Government Code, the provisions of Section 36801 pertaining to the City Council selecting the Mayor do not apply; the Council selects only the Vice-lvlayor. Section 34905, located in those sections of the Government Code pertaining to directly elected mayors, provides: A mayor pro tempore shall be chosen in the manner provided by Section 36801. Govern neat Code Section 36802 provides that the mayor shall preside at the meetings of the council; that if the mayor is absent or unable to act, the mayor pro tempore shall serve until the mayor returns or is able to act; and that the Mayor pro tempore has all of the powers and duties of the mayor. 1243 National City Boulevard; National City, California 91950-4397 Tel.: (619) 336-4220 Fax: (619) 336-4327 461 14 27 498 of 607 Section. 36801 provides for the selection of a vice -mayor with the declaration of election results, i.e., at least every two years, but that section does not preclude a vice -mayor being selected more frequently. To assist the City Council in its discussion, staff conducted a countywide survey of other cities' practices for the selection of a vice -mayor, variously referred to as `vice -mayor, "mayor pro tern", or "deputy mayor"; the responses of 12 cities are attached to this report. Two cities — Del Mar and Imperial Beach — have written policies, which are also attached. Geslie Deese City Manager Attachments George H. Ei.ser, III Interim City Attorney February 7, 2017 2 Starr Report City Council Meeting Discussions: Policy for Selection of the Vice - Mayor .462 1 5 27. 499 of 607 •• OhiIFOnNPE N1b' �. "IOC"IONA L ( try. +nrummurtrclr County -wide :Survey Results: Selection of Vice Mayor Decciu b :r, 2016 City Pofi Tit Comments Carlsbad ._ Mayor Pro teal The City Council shall meet onthe first Iueithly after the. general municipal election and choose one or its Lnalnbers as ivla} or Pre •I emEre. Coronado /Ick}S1F Pro Tem Mayor The City Coursed shall Consider the selection crone or its members as Mayor Pro'l'enipore:. The Mayor yor Pro TCr111,ore shall serve a rerun of one year, or until lk successor for the position is chosen. Three afflrmati4e vales Shall he required to choose or Change the Mayor Pro Temple, The ;Above indicates the term is one year or until a Sin:C(130r for the 1/o9i1ion1 is C11o6e11 Typically, the Mayor iyor Prof i empllre is appointed when a new city council is seated and, since there is an election every two years, their term is generally two years. Del Mar X Deputy lvlayor The Mayor .mil Deputy Mayor are selected by the council. It is the tradition to place the top two vote getters in arty ono elaction into a queue to rotate inlil tltl: poi itioil Of tvlalyor and Denny Mayoi'. Ft Cajon Mayor Pro Tem The itlayor Pro Tent is selected on the second Tuesday in December by a n'ILLkority (-gibe, council. The fs:layor Pro rem shalt sere at the will ache iriajorily of the council or until the expilation of the normal tern. Escondido Deputy mayor I. The city council shall rliEet on the first Wednesday following certification of the results of the genet al municipal election aitc1 select a Deploy Mayor by appointment from among the CollllciIIOemllers, 2 Selection of the Deputy tvlayor v ill he done Or; i1 rotating basis with priority given to the most senior courtcillneniber who has never served as Deputy tvlav'or 11 two (2) now Counellmenibers are elected at the same time, the one (1) with the highest voles shall have first preference in the selection) Aber all cuuncilmt;mbers serve one (1) term as deputy mayor, the selection shall revert to a normal rotation process; 3. The Deputy Mayor meals servo until e new appaiiilllleul is made in accordance with this Sectiom imperial I3::ach X Mayo( T'ro Tem The lh'layoi I1ao Tern shall seri e On a rotating basis 311 that each Councilnlernbur series one year as a$ Mayor Pro Tem during IJisiher four year tine. Order or rotation. current couneilirieirlher,i ho has not served as lvtayor Pio Tent, counci1111en111er elect with the most votes from the election, Cotmel litienilber elect' current[ couiic:im truer who just served as Mayor Pro Tem. t..a (osa Vice Mayor rho otTice of the Vice Mayor „ill he unwed among all the members of Ili city Council. the tern) of each n enihet shall he one 4 ear beginning, the second Tuesday of Angus one year arid ending an the ivIonday before the second Tuesday the next August. The Vice )Via yor,vitt be the cooncilmeinber with 111E mos: Scnlorlil- who has not been Vice Mayor in the last three consecutive years. In the event two or more eouricilinemhers have equal seniority and have not been Vice ! biynr in the Iasi three consecutive years, the coLInciIn1ember WIrf1 the most VOlea in their last regal at election shall sere as Vice ftihlxor, Ler!lm1 Grove.-_.. Vice Mayor Riralntl alunual.lL. Oceanside • De'?Sir • Mayor [ y y Appointed by Cho Ntayor and. Confirmed by the Council inn the first regular' meeting in December of each year. San Ma! cos Mayor Pro 'rem Per San Marcos Municipal Code (SMMC) 2.01.04O Designation of 1Mnyor Pro Tem - In order to expedite the orderly procedure of the City Council meetings in the eveni the Mayor cannot be present. the Cuy. Council shall elect one member of the City Council who shall act as May in pro tea:, in Jhe absence afthe Mayor. The CCounei; :Hakes the appointment in January dead year. No tern; [units Saiii c Vice Mayor -Elie position of Vice Mayor is a one year term. Eligibility: councilmeinbers are not eligible. until they luwe served at leeasl one year of current terra, not eligible it they have already served as Vice t'4ojor during their current teen in office. The eligible co11ne'11r'neiiher who had the most, votes in the fast election in which the/sine wos a candidate shalt be elected Vox Mayor. VIsi:l �.._ ..)e1lJty Ala 'or 1 y One year term commencing 011 .1 unary I o reason year. During year in which there is a General filcrtiun held to elect one or more cou:iiiI,iiernbers, the Council shall consider the `lppoinimentire2Lpnot:trmi:nt of one of its Meinbeis as MayorDeputy In all n Cher years the (a!irlcit shall consider the appointment. or re-appou'.u..lent for the lhllowing year at the fist regular full tnaelinn of the Council [geld iii tie month e1 f)eieniber of the immediately :rccoding yell. 4.6 1627 500 of 607 CITY OF DEL MAR CITY COUNCIL POLICY BOOK :.._ __... � SBY RESOLUTION; SELECTION MAYORAYORANDDEPUTY..t����; �r�.�v[�rn: 100 POLICY: 12/i Si 1=4 __ 'a 14-92 ta f. Del Mar Municipal Code, Section 2.20.020 A and R, addresses when the City Council shall meet to install newly elected Council members and states that its members shall choose one of its lie :rnhers as tvlayor and urw of !IS members as Deputy Mayor by motion of the Council and three affirmative.votes. It Nether :antics that the 'Mayor and the Deputy Ivlayor shall serve a term of one year, or until a successor for each position is chosen. l.. The Mayor and Deputy Mayor are members of the City Council and arc annually elected by majority vote of the City Council at the first regular meeting in December or, in the case of an election year, upon certification of the election results. As a member, of the City Council, the Mayor and Deputy Mayor shall have all the powers of a member. 2. In choosing the Mayor and Deputy Mayor, it is the tradition of the Council to place the top two vote getters in tuty one election into a queue to rotate into the position or Mayor and Deputy Mayor. .In each City Council. election., the person with the most votes shall be placed first in the rotation of that group, the Second highest vote getter will be placed second, and in the years 'when there is a third seat contest, the third highest vote getter will be placed third in that rotation. However, the Council .member who received the third most votes in an election year filling three seats will not be itt the queue for either Deputy Mayor or fylayur but would be itt rotation should the Council member traditionally rotating into the Deputy Mayor or ;lvlayo.r position be unavailable to serve in that role. 3. in ease of appointment to the City Council to fill a vacancy, that person will occupy the last position in the current rotation. leach new election will determine the rotation only for the group iu that election. Should any City Council member n.at be a.valiiablc to take: tb.eir regular place in the established rotation, the next person in the rotation will be elevated to the Deputy Mayor's position and the rotation will continue as previously set. 4. In the event there are members of the City Council appointed in lieu of an election, the appointed City Council members will go into a Mayoral rotation based on tenure (seniority) on the City Council. The City Council member with the most tenure on the City Council will be placed first in the rotation of that group. If no seniority exists (e.g. members have the saute tenure), then the appointed City Council members will be rotated based on a coin toss conducted at a publicly noticed meeting. 4641727. 501 of 607 CITY OV IMPERIAL BEACH COUNCIL POLICY SUWECTI Rotation of Mayor P.ro Tempore Duties POLICY WECTIVE NUMBER DATE 112 3/4/92 1 of 1 ADOPTED BY: Resolution 92-4085 DATED. March 4, 1992 On March 4, 1992, the City Council resolved to establish the following policy: 1. The mayor pro tempore will be selected, and have the powers and duties, as specified in Section 2.10 of the Imperial Beach Municipal Code. 2. The mayor pro tempore will be seated at the first council meeting in January. 3 The mayor pro tempore shall serve on a rotating basis so that each councilmember serves one (I) year as mayor pro tempore during his/her four (4) year term. 4. The councilmember chosen to be mayor pro tempore each year will be the councilmember on the top of the rotation list, which will be established and maintained as follows: a. After each election, -the rotation list will be established as follows (in line to serve as mayor pro tempore from top to bottom): Current councilmember (One who has not served as mayor pro tempore). Councilmember Elect (one with most votes from previous election). Councilmember Elect, Current councilmember (One who just completed one (1) year as mayor pro tempore). b. After a councilmember serves one (1) year as mayor pro tempore, he/she will go to the bottom of the list and the others will move up one (1) spot. c. Newly elected/re-elected councilmembers will be placed on the list, after the current councilmember who has not served as mayor pro tempore, in order of votes received, 46f. 1 8 27 502 of 607 RESOLUTION NO. 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING CITY COUNCIL POLICY NUMBER 120 ENTITLED "SECTION OF VICE MAYOR" BE IT RESOLVED by the City Council of the City of National City that City Council Policy No. 120, entitled "Section of Vice Mayor" is adopted. PASSED and ADOPTED this 20th day of November, 2018. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 503 of 607 CC/CDC-HA Agenda 11/20/2018 — Page 504 The following page(s) contain the backup material for Agenda Item: Notice of Decision Planning Commission approval of a Conditional Use Permit modification to extend the days of operation for a former Head Start Program located at 1805 East 17th Street. (Applicant: Tim Captain for First Christian Church) (Case File 2018-24 CUP) (Planning) Please scroll down to view the backup material. 504 of 607 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 20, 2018 AGENDA ITEM NO. ITEM TITLE: Notice of Decision — Planning Commission approval of a Conditional Use Permit modification to extend the days of operation for a former Head Start Program located at 1805 East 17th Street. (Applicant: Tim Captain for First Christian Church) (Case File 2018-24 CUP) PREPARED BY: Martin Reeder, AICF' DEPARTMENT: jPnin PHONE: 1336-4313 I APPROVED BY: EXPLANATION: [The applicant has applied for the modification of CUP-1982-14, which authorized a head start program for 30 children that operated from 8:00 a.m. to 4:00 p.m. Monday to Thursday at the subject location. The proposal is for up to 100 children Monday through Friday from 7:00 a.m. to 7:00 p.m. While the previous use was under the federally -funded Head Start program, the applicant is planning to bring the program under the direction of the First Christian Church as the "FCC Early Learning Center". The center would continue to cater to families of all income, race, or cultural background, as it has since 1982. Planning Commission conducted a public hearing on November 5, 2018. Commissioners asked questions regarding program operations. The Commission voted to approve the Conditional Use Permit based on required findings and subject to Conditions of Approval. The attached Planning Commission staff report describes the proposal in detail FINANCIAL STATEMENT: ACCOUNT NO. 1 APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities). ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: (Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION: [The Planning Commission approved the Conditional Use Permit. Ayes: Quintero, Sendt, Yamane, Garcia, Flores, DelaPaz Absent: Baca ATTACHMENTS: 11. Overhead 3. Resolution No. 2018-17 2. Planning Commission Staff Report 4. Reduced Plans 505 of 6071 2018-24 CUP — 1805 East 17th Street — Overhead ATTACHMENT 1 1 506 of 607 +).- CALIFORNIA +- N TIONAL CITY c e V INCORPORATED _✓✓\ CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: Case File No.: Location: Assessor's Parcel Nos Staff report by: Applicant: Zoning designation: Adjacent zoning: North: East: South: West: Environmental review: Staff recommendation: Item no. 3 November 5, 2018 PUBLIC HEARING — CONDITIONAL USE PERMIT MODIFICATION TO EXTEND THE DAYS OF OPERATION FOR AN EXISTING HEAD START PROGRAM LOCATED AT 1805 EAST 17TH STREET. 2018-24 CUP 1800 Block of East 17th Street, east of Palm Avenue .: 561-131-21 Martin Reeder, Principal Planner Tim Captain for First Christian Church of National City High -Density Multi -Unit Residential (RM-2) Single-family residence and mixed residential use / RM-2 Sunny View Apartments / RM-2 First Christian Church across East 17th Street / RM-2 First Samoan Congregational Church / RM-2 Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) Approve ATTACHMENT 2 2 507 of 607 Planning Commission Meeting of November 5, 2018 Page 2 BACKGROUND Staff Recommendation Staff recommends approval of the proposed Conditional Use Permit (CUP) modification to extend the times that the head start program operated and increase the number of children. The use is conditionally -allowed in the High -Density Multi - Unit Residential (RM-2) zone and is consistent with the General Plan and Land Use Code. Executive Summary The applicant has applied for the modification of CUP-1982-14, which authorized a head start program for 30 children that operated from 8:00 a.m. to 4:00 p.m. Monday to Thursday at the subject location. The proposal is for up to 100 children Monday through Friday from 7:00 a.m. to 7:00 p.m. Site Characteristics The project location is a 7,881 square -foot building owned by the First Christian Church of National City, which is located across East 17th Street to the south. The subject building has historically been used by the church, including for the head start program licensed in 1982. The applicant is currently processing building permits to construct nine classrooms and office space within the building. No outward expansion of the building is proposed. The property is in a generally residential neighborhood. Apartments are located to the east and southeast on 17th Street and another church is adjacent to the west. The property traverses the block between East 16th and East 17th Streets, There is a 64-space parking lot on the site, which has access to both streets and is used both for church parking and the head start building. There are single-family residences to the north/northeast and to the southwest of the property. With the exception of the single-family home to the southwest (RS-2 or Small Lot Residential), the area is zoned RM-2. Proposed Use The applicant proposes to extend the days of operation permitted by CUP-1982- 14 to include Fridays, with new operating hours of 7:00 a.m. to 7:00 p.m. (Monday to Friday). With the increase in classrooms the total number of children would be increased from 30 to 100, ranging in age from newborn to five years old. While the previous use was under the federally -funded Head Start program administered by the Community Care Licensing Division of the Department of 3 508 of 607 Planning Commission Meeting of November 5, 2018 Page 3 Social Services, the applicant is planning to bring the program under the direction of the First Christian Church as the "FCC Early Learning Center". The center would continue to cater to families of all income, race, or cultural background, as it has since 1982. The request also includes the expansion of a 2,340 square -foot play area in the back of the building, adding an additional 1,120 square feet within the parking lot. The expansion would remove four parking spaces. Use of the playground would be limited to two classes at a time (up to 30 children) for 30 minutes each morning and afternoon. Classes would be rotated between the hours of 9:00 a.m. and 12:00 p.m. and again from 2:00 p.m. to 5:00 p.m. The playground expansion would not be implemented right away, but later when the attendance warrants the additional space. Analysis General Plan There are three General Plan Policies that relate to the proposal: Land Use LU-4.2: Promote the design of complete neighborhoods that are structured to be family -friendly, encourage walking, biking, and the use of mass transit, foster community pride, enhance neighborhood identity, ensure public safety, improve public health, and address the needs of all ages and abilities. Education and Community Participation E-1.5: Work with school districts to promote education programs such as tutoring, occupational training, mentoring, and school readiness for pre-school aged children. E-6.4: Encourage the use of public facilities for child care services; including collaboration between schools and parks, faith based institutions, community centers, and senior centers. The use has provided early learning services to the nearby high -density residential area for more than 35 years. The expansion of the facility will provide 4 509 of 607 Planning Commission Meeting of November 5, 2018 Page 4 for more children within walking distance and of a wider range of ages. Therefore, the use is consistent with the General Plan. In addition, the facility provides school readiness programs for pre-school aged children and is provided by a faith -based institution. Land Use Code The head start facility is associated with the First Christian Church, which is conditionally -allowed as a public assembly use in the RM-2 zone. Therefore, the use is consistent with the Land Use Code (LUC). Issues to be considered with large-scale child care/educational facilities include traffic circulation, parking, and noise. The increase in capacity from 30 to 100 children will increase the probability of related impacts. Circulation — The closest street segment that is identified in the General Plan is East 16th Street between Palm Avenue and Euclid Avenue. Appendix "F" of the General Plan shows this segment having a current Average Daily Trip (ADT) count of 6,600, with a capacity of 10,000 ADT. The segment currently operates at a Level of Service (LOS) of C. According to the San Diego Association of Governments (SAN DAG) "Brief Guide of Vehicular Traffic Generation Rates for the San Diego Region" a child care facility (closest related use) can be expected to generate 80 ADT per 1,000 square feet of floor, which would be approximately 630 ADT in the case of the proposed expansion. This is an increase in 580 ADT from the current condition, which will not change the current LOS. Parking — Child day care centers, preschools, or nursery schools require parking in the ratio of one space per 1,000 square feet of floor area, or eight spaces in this case. As mentioned above there are 64 parking spaces on site. While the spaces are primarily for the church on worship days, the hours of operation of the school are on weekdays, whereas the existing church currently operates only on Sundays; therefore, there would be no parking impact caused by the project. As mentioned in the proposed use section, future plans for an expanded play area would remove four of the existing parking spaces. In addition, restriping of the parking lot and the addition of handicapped -accessible parking and loading areas reduces the number of spaces by one. Plans now show a total of 59 parking spaces. The existing parking lot can handle the current church attendance and is consistent with Code requirements at the time that it was constructed. Removal of 5 510 of 607 Planning Commission Meeting of November 5, 2018 Page 5 five parking spaces is not expected to cause any significant parking impact to the surrounding neighborhood. Noise — While most activities would occur inside the building, up to 30 children at a time would spend 30 minutes each morning and afternoon in the outside play area. As mentioned above, classes would be rotated between the hours of 9:00 a.m. and 12:00 p.rn. and again from 2:00 p.m. to 5:00 p.m. In order to address potential noise impacts, two conditions have been added. Condition 7 requires compliance with Table III of Title 12 (Noise) of the Municipal Code, which states maximum decibel levels for receiving land uses. Condition 9 limits activities to the number of children and timeframes stated above. Findings for Approval The Municipal Code contains six required findings for CUPs: 1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code. The use is existing and allowable within the RM-2 zone pursuant to a CUP, and complies with design regulations for such uses. 2. The proposed use is consistent with the General Plan and any applicable specific plan. The use is consistent with General Plan Policies LU-4.2, E-1.5, and E-6.4, as discussed above. In addition, there are no applicable specific plans. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity. The site is an existing building that is able to accommodate the proposed used without the need for exterior expansion. 4. The site is physically suitable for the type, density, and intensity of the use being proposed; including access, utilities, and the absence of physical constraints. 6 511 of 607 Planning Commission Meeting of November 5, 2018 Page 6 The site provides in excess of the required parking and would be used on days that the primary user of the parking lot (First Christian Church) does not convene. No conflicts are anticipated. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located. Potential noise from the playground area is mitigated through conditions of approval limiting the times of use and number of children that may use the space. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA). The proposed project has been reviewed in compliance with CEQA. Staff has determined the proposed use to be categorically exempt from environmental review pursuant to Class 1 Section 15301 (Existing Facilities), for which a Notice of Exemption will be filed subsequent to approval of this CUP. Findings for Denial 1. Granting the permit would constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located. The vicinity of the playground to residential uses may constitute a nuisance due to the possibility of noise pollution that could have a negative impact on nearby residents. Conditions of Approval As well as standard conditions of approval for CUPs, conditions are included that limit the number of children and the timeframe for use of the playground area (discussed above), that all child/student loading and unloading shall occur onsite and not on City streets, and finally that all activities comply with noise limits contained in the Municipal Code. There are also conditions requiring compliance with the 2016 editions of the California Building, Electrical, Plumbing, Mechanical, and Fire Codes. 7 512 of 607 Planning Commission Meeting of November 5, 2018 Page 7 Summary The proposed project is consistent with the General Plan in that it provides school readiness for pre-school aged children. The use is also consistent with the Land Use Code, in that the use is permitted with a CUP and is only an internal expansion of an existing building. No impacts are expected due to traffic or parking, and potential noise impacts are addressed by conditions of approval. OPTIONS 1. Approve 2018-24 CUP subject to the conditions listed below, based on the attached findings or findings to be determined by the Planning Commission; or 2. Deny 2018-24 CUP based on the attached finding or findings to be determined by the Planning Commission; or, 3. Continue the item to a later date in order to obtain additional information. ATTACHMENTS 1. Recommended Findings 2. Recommended Conditions of Approval 3. Overhead 4. City Council Resolution 13,913 5. Applicant's Plans (Exhibit A, Case File No. 2018-24 CUP, dated 9/20/2018) 6. Public Hearing Notice (Sent to 263 property owners & occupants) 7. CEQA Notice of Exemption 8. Resolutions MARTIN REEDER, AICP Principal Planner BRAD RAULSTON Deputy City Manager 8 513 of 607 RECOMMENDED FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 2018-24 CUP — 1805 East 17th Street The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because the use is existing and allowable within the RM-2 zone pursuant to a CUP, and complies with design regulations for such uses. 2. The use is consistent with General Plan Policies LU-4.2, E-1.5, and E-6.4, as discussed in the staff report. In addition, there are no applicable specific plans. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because the site is an existing building that is able to accommodate the proposed used without the need for exterior expansion. 4. The site is physically suitable for the type, density, and intensity of the use being proposed; including access, utilities, and the absence of physical constraints, because the site provides in excess of the required parking and would be used on days that the primary user of the parking lot (First Christian Church) does not convene. No conflicts are anticipated. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because potential noise from the playground area is mitigated through conditions of approval limiting the times of use and number of children that may use the space. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and determined to be categorically exempt from environmental review pursuant to Class 1 Section 15301 (Existing Facilities), for which a Notice of Exemption will be filed subsequent to approval of this CUP. 9 514 of 607 RECOMMENDED FINDING FOR DENIAL OF THE CONDITIONAL USE PERMIT 2018-24 CUP — 1805 East 17th Street 1 Granting of 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 vicinity of the playground to residential uses may constitute a nuisance due to the possibility of noise pollution that could have a negative impact on nearby residents. 10 515 of 607 RECOMMENDED CONDITIONS OF APPROVAL 2018-24 CUP — 1805 East 17th Street General 1. This Conditional Use Permit authorizes the operation of a preschool facility for up to 100 children at 1805 East 17th Street. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, case file no. 2018-24 CUP, dated 9/20/2018. 2. Unless specifically modified by this Resolution, all conditions of approval contained in City Council Resolution 13,913 shall continue to apply. 3. Before this Conditional Use Permit shall become effective, the applicant and the property owner shall both sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Deputy City Manager prior to recordation. 4. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in the Municipal Code. 5. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 6. This Conditional Use Permit may be revoked if the operator is found to be in violation of any Conditions of Approval. Planning 7. All activities shall comply with the limits set forth in Table III of Title 12 (Noise) of the National City Municipal Code. 8. Operation of the preschool facility shall be limited to the timeframe of Monday through Friday between the hours of 7:00 a.m. to 7:00 p.m. 11 516 of 607 9. Use of the outdoor play area shall be limited to the hours of 9:00 a.m. to 12:00 p.m. and from 2:00 p.m. to 5:00 p.m. Monday through Friday. No more than 30 children shall be permitted in the play area at a time. Building 10. Plans submitted for demolition or construction improvements must comply with the 2016 editions of the California Building, Electrical, Plumbing, and Mechanical Codes. Fire 11. 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). 12 517 of 607 RESOLUTION NO. 13,913 RESOLUTION APPROVING CONDITIONAL USE PERMIT 1982-14 TO ALLOW A FEDERALLY FUNDED HEAD START PROGRAM (EDUCATIONAL INSTITUTION) FOR THIRTY (30) CHILDREN ON PROPERTY LOCATED AT 1805 EAST 17TH STREET (Applicant South Bay Head Start Program of Episcopal Community Services - Case File No. CUP-1982-14) WHEREAS, at a regular meeting of the City Council held October 12, 1982, said Council made a finding that the evidence and testimony presented support the following findings:. 1. The site for the proposed use is adequate in size and shape; 2. That the site has sufficient access to streets; 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties; 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, and subject to conditions as hereinbelow set forth; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare; and WHEREAS, the entire contents of Case File No. CUP-1982-14, maintained by the City are attached to and made part hereof by reference; NOW,THEREFORE, the City Council of the City of National City, California, does hereby find, determine, order and resolve that the application for conditional use permit is approved subject to the following conditions: 1. Hours of operation shall be limited to 8:00 a.m. to 4:03 p.m., Monday through Thursday. 2. A minimum of two exits from the classroom are required when the number of occupants is over six (6). 3. Padlocks must be removed from security gates when this facility is in use. 13 518of607 4. Upon occupancy, one type 2A:10BC fire extinguisher shall be provided. 5. Parking lot shall be striped and marked in accordance with Section 18.58.700 N.C.M.C. prior to occupancy. 6. Receiving land use noise levels shall not exceed 55 dba to the north, and 60 dba to the east. 7. Within a period not to exceed thirty (30) days from the effective date of Resolution approving this Conditional Use Permit, or occupancy of these premises, the applicant shall file a written statement with the Planning Department acknowledging and accepting all conditions imposed upon the approval of this permit. 8. Existing chain link fence located adjacent to the east property line shall be relocated and maintained at a distance of at least 25 feet from said east property line. 9. Landscape consisting of spreading shrubs or climbing vines, approved as to type, size and space by the Planning Department shall be planted adjacent to said relocated fence. FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant. PASSED AND ADOPTED this 26th day of October, 1982. ATTEST: CITY CLERK/ -2- 14 519 of 607 Passed and adopted by the Council of the City of National City; California, on October 26, 1982 by the following vote, to -wit: Ayes: Couneilmen.Camac)io,, Da11a, Van DeventgKA Moxaan Nays: Councilmen Waters Absent: Councilmen None Abstain: Councilmen AUTHENTICATED BY: KILE MORGAN Mayor of the City of National City, California IONE CAMPBELL City Clerk of the City of National City, California (Seal) By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and cor- rect copy of RESOLUTION NO. 13,913 of the City of National City, Calif., passed and adopted by the Council of said City on October 26,;,, 1982 (Seal) By: City Clerk of the City of NationaY City, California Deputy 15 520 of 607 - CALIFORNIA NATIONAL IONAL CITY INCOiiPOR ATE D CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT MODIFICATION TO EXTEND THE DAYS OF OPERATION FOR AN EXISTING HEAD START PROGRAM LOCATED AT 1805 EAST 17TH STREET. CASE FILE NO.: 2018-24 CUP APN: 561-131-21 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, November 5, 2018, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Timothy Captain for First Christian Church of National City) The applicant proposes to extend the days of operation permitted by Conditional Use Permit CUP-1982-14 to include Fridays. The new days and hours of operation would be Monday through Friday from 7:00 a.m. to 7:00 p.m. Information is available for review at the City's Planning Department, Civic Center. Members of the public are invited to comment. Written comments should be received on or before 12:00 p.m., November 5, 2017 by the Planning Department, who can be contacted at 619-336-4310 or planninq(a�nationalcityca.gov. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DEPARTMENT BRAD RAULSTON Deputy City Manager 16 521 of 607 CALIFORNIA NATIONAL I'IONAL C'I(' ! `% INCORPORATED 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 Project Title: 2018-24 CUP Project Location: 1805 East 17th Street. National City, CA 91950 Lead Agency: City of National City Contact Person: Martin Reeder Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit for the internal expansion and extension of hours of operation for a head start/childcare facility. Applicant Name and Address: Tim Captain for First Christian Church 1800 East 17th Street National City, CA 91950 Exempt Status: M><1 Telephone Number: (619) 474-2254 Email Address: tim@nationalcitychurch.com Categorical Exemption. Class 31, Section 15301 (Existing Facilities) Reasons why project is exempt: There is no possibility that the proposed use will have a significant impact on the environment since no external expansion of the building is proposed. Date: MARTIN REEDER, AICP Principal Planner 17 522 of 607 RESOLUTION NO. 2018-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT MODIFICATION TO EXTEND THE DAYS OF OPERATION FOR AN EXISTING EARLY LEARNING PROGRAM LOCATED AT 1805 EAST 17TH STREET. CASE FILE NO. 2018-24 CUP APN; 561-131-21 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit modification to extend the days of operation for an existing Early Learning Program located at 1805 East 17th Street at a duly advertised public hearing held on November 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. 2018-24 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on November 5, 2018, support the following findings: 1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because the use is existing and allowable within the RM-2 zone pursuant to a CUP, and complies with design regulations for such uses. 2. The use is consistent with General Plan Policies LU-4.2, E-1.5, and E-6.4, as discussed in the staff report. In addition, there are no applicable specific plans. ATTACHMENT 3 18 523 of 607 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because the site is an existing building that is able to accommodate the proposed used without the need for exterior expansion. 4. The site is physically suitable for the type, density, and intensity of the use being proposed; including access, utilities, and the absence of physical constraints, because the site provides in excess of the required parking and would be used on days that the primary user of the parking lot (First Christian Church) does not convene. No conflicts are anticipated. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because potential noise from the playground area is mitigated through conditions of approval limiting the times of use and number of children that may use the space. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and determined to be categorically exempt from environmental review pursuant to Class 1 Section 15301 (Existing Facilities), for which a Notice of Exemption will be filed subsequent to approval of this CUP, BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes the operation of a preschool facility for up to 100 children at 1805 East 17th Street. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, case file no. 2018-24 CUP, dated 9/20/2018. 2, Unless specifically modified by this Resolution, all conditions of approval contained in City Council Resolution 13,913 shall continue to apply. 3. Before this Conditional Use Pen -nit shall become effective, the applicant and the property owner shall both sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit, The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County 19 524 of 607 Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Deputy City Manager prior to recordation. 4. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in the Municipal Code. 5. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time, 6. This Conditional Use Permit may be revoked if the operator is found to be in violation of any Conditions of Approval. Plan ning 7. All activities shall comply with the limits set forth in Table III of Title 12 (Noise) of the National City Municipal Code. 8. Operation of the preschool facility shall be limited to the timeframe of Monday through Friday between the hours of 7:00 a.rn. to 7:00 p,rn. 9. Use of the outdoor play area shall be limited to the hours of 9:00 a.rn. to 12:00 p.m. and from 2:00 p.m. to 5:00 p.rn. Monday through Friday. No more than 30 children shall be permitted in the play area at a time. Building 10. Plans submitted for demolition or construction improvements must comply with the 2016 editions of the California Building, Electrical, Plumbing, and Mechanical Codes. Fire 11.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). BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. 20 525 of 607 BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of November 5, 2018, by the following vote: AYES: Quintero, Sendt, Yamane, Garcia, Flores, Dela Paz NAYS: None. ABSENT: Baca ABSTAIN: None.. CHAIRPERSON 21 526 of 607 EMT/EXIT DISCHARGE TOTAL OCC 12 • 0.7 • 34EGRES0 REQ. 344 PROVID1M EXINEX IT DISCHARGE TOTAL OCC 11 • 0.2 4" WORM RE0 34• PROVIDED 2YROLD CLASSROOM 129 OCC: I2 EXISTING EXTERIOR PLANTER 2YROLD CLASSROOM uE [3,335.F.rm. orc it I1 EXIT TOTAL OCC 17 • 0.2 S. ;FORMS RED. S4` PROVIDED I� I EXISTING EXTERIOR I PLANTER I • • OR CODE REVIEW 12 ii n III II 11 KIDS R.R^� EXISTING SEMI - ENCLOSED PATIO 114 EX�IlBIT: ' CASE FILE NO.: Zof - -9 c e,t,yv DATE: 7I2.0/2 0/ if E?IT/E>IT DISCHARGE TOTAL OCC 2 • 0.7 EGRE88 REG F9' PROVDED EXIT TOTAL OCC. I • 0.7 t` Emma Rea. PROVIDED E3IT TOTAL OCC IT•02• 4" EGRESS REO. 34" PROVIDED KIDS CA R.R. n7 KIDS R.R. 3 YR OLD CLASSROOM 123 3 YR OLD CLASSROOM 1lb 524 0.P./36 OCCI 11 EXT TOTAL OCC. 12 0 0.2 3 EGRESS REO. 34` PROVIDED I YR OLD CLASSROOM n9 1392 B,R/SS 2CG17 EXISTING EXTERIOR COVERED SIDEIALK ri 1.,W) 1-IALL g®] 11� OFFICE 1013 203 8.1"3100 OCC 3 CP.O.ET ° 18'-0 M 0 IM.CVID ATTACHMENT 4 22 11 EXISTING RR STORAGE 124 RECEPTION 103 DST ACCESS TRAVEL DISTANCE - 780'1)' MAX /\ S1-9 PRONGED 4YROLD CLASSROOM 1 f—ErLZ T-4 EXISTING KITCHEN tan n _Am rue 4YROLD CLASSROOM 104 -7p4ricTri J > EXI1 T DISCHARGE TOTAL OCC 16 4• L'4RES REO )4" PR08O8D 147 t T 1S ccc UTL toe INFANT CLASSROOM 102 1400 4 FT}k'1 AG 12 1 KID R.R TO* STORAGE I05 EXISTING EXTER10 R SIDEWALK 527 of 607 r` • r r to r iT r ;4; I t f 4 • A , i • 7j It It -- 1I 11 II 4 -` .I1 II tI ! 1. .41 La 528 of 607 co . I. CC/CDC-HA Agenda 11/20/2018 — Page 529 The following page(s) contain the backup material for Agenda Item: Notice of Decision — Planning Commission approval of a Conditional Use Permit and Coastal Development Permit for a gas station, convenience store with beer and wine sales, and bike shop to be located at 724 Civic Center Drive in the Coastal Zone. (Applicant: Stosh Podeswik) (Case File 2018-19 CUP, CDP) (Planning) Please scroll down to view the backup material. 529 of 607 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 20, 2018 AGENDA ITEM NO. ITEM TITLE: 'Notice of Decision — Planning Commission approval of a Conditional Use Permit and Coastal Development Permit for a gas station, convenience store with beer and wine sales, and bike shop to be located at 724 Civic Center Drive in the Coastal Zone. (Applicant: Stosh Podeswik) (Case File 2018-19 CUP, CDP) PREPARED BY: ;Martin Reeder, AICPI +,'°c DEPARTMENT: Plannin PHONE: 619-336-4313 EXPLANATION: The project applicant has applied for a Conditional Use Permit (CUP) and Coastal Development Permit (CDP) to construct a gas station, convenience store, and bike shop. The project site is an existing 25,466 square -foot gas station property 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. The applicant applied for a similar project on this site last year. While it was also a gas station, the previous iteration did not include the bike shop portion of the project. The Council denied the project, citing overconcentration of alcohol licenses in the census tract and lack of public convenience or necessity. The Planning Commission conducted a public hearing on November 5, 2018 on the project. The Commissioners asked questions regarding facility design and site security. Two community members spoke, citing concerns over business viability and public noticing. The Commission voted to approve the Conditional Use Permit based on required findings and subject to Conditions of Approval. APPROVED BY: The attached Planning Commission staff report describes the proposal in detail.! FINANCIAL STATEMENT: ACCOUNT NO. 1 APPROVED: Finance APPROVED: MIS ENVIRONMENTAL REVIEW: Categorical Exemption — Class 32, Section 15332 (In -Fill Development Projects) ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: lStaff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit and Coastal Development Permit. Ayes: Quintero, Sendt, Yamane, Garcia, Flores, DelaPaz Absent: Baca! ATTACHMENTS: 1. Overhead 2. Planning Commission Staff Report 3. Resolution No. 2018-18 4. Reduced Plans! 530 of 6071 2018-19 CUP, CDP — 724 Civic Center Drive — Overhead ATTACHMENT 1 531 of 607 Title: CALIFORNIA NATIONAL ci rir INCORPORATED CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Item no. 4 November 5, 2018 PUBLIC HEARING — CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT FOR A GAS STATION, CONVENIENCE STORE WITH OFF -SALE BEER AND WINE, AND BIKE SHOP TO BE LOCATED AT 724 CIVIC CENTER DRIVE IN THE COASTAL ZONE. Case File No.: 2018-19 CUP, CDP Location: Southwest corner of Civic Center Drive and Harbor Drive Assessor's Parcel No.: 559-024-06 Staff report by: Martin Reeder, Principal Planner Applicant: Stosh Podeswik Property owner: Golden Sunrise Properties LLC Combined General Plan/ MM-CZ (Medium Manufacturing — Coastal Zone) Zoning designation: Adjacent land use/zoning: North: Harbor Drive & Civic Center Drive interchange / MM-CZ East: Interstate 5 freeway / OS -CZ (Open Space — Coastal Zone) South: Interstate 5 off -ramp with industrial beyond / MM-CZ West: Industrial use across Cleveland Avenue / MM- CZ Environmental review: Categorical Exemption — Class 32, Section 15332 (In -Fill Development Projects) Staff Recommendation: Approve ATTACHMENT 2 2 532 of 607 Planning Commission Meeting of November 5, 2018 Page 2 Staff Recommendation Staff recommends approval of a Conditional Use Permit (CUP) and Coastal Development Permit (CDP) for a gas station, convenience store with off -sale beer and wine, and bike shop. The property has languished and remained vacant for several years. Redevelopment of the property would be a benefit to the surrounding area. BACKGROUND Executive Summary The project applicant has applied for a CUP and CDP to construct a gas station, convenience store, and bike shop. 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. History The applicant applied for a similar project on this site last year. While it was also a gas station, the previous iteration did not include the bike shop portion of the project. The Planning Commission conducted a public hearing on March 5, 20'18 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 alcohol sales hours of 8:00 a.m. to 12 midnight daily. The 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 public hearing was held on April 17, 2018, at which time several community members spoke against the project. The Council ultimately voted to deny the project, citing overconcentration of alcohol licenses in the census tract and lack of public convenience or necessity. The applicant has resubmitted the application with significant changes in order to be reconsidered. These changes include reducing the size of the convenience store, adding a 750 square -foot retail bike store, and removing and relocating the driveways along Civic Center Drive (one driveway is now proposed instead of the two existing). 3 533 of 607 Planning Commission Meeting of November 5, 2018 Page 3 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. There are currently three driveways accessing the property, one on Cleveland Avenue and two on Civic Center Drive. The lot is shown on the current zoning map as being in the Medium Industrial (IM) zone, and also within the Coastal Zone. 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 MM-CZ (Medium Manufacturing — Coastal Zone) — essentially the same zone. Proposed Use The applicant is proposing to demolish the existing building and construct a new gas station, 2,400 square -foot convenience store, and 750 square -foot retail bike store. The 25,466 square -foot property would have 14 parking spaces and four double -sided fuel pumps. The two driveways on Civic Center Drive will be consolidated into one 30-foot wide driveway, which has been moved west to avoid conflict with the future Bayshore Bikeway. The proposal also includes the sale of beer and wine, which will be displayed in seven of the 22 coolers (see Exhibit "B" of the applicant's plans). The applicant is requesting alcohol sales between the hours of 8:00 a.m. and midnight daily. The new business is expected to create 18 new jobs. Analysis General Plan The project proposal is located in the Medium Manufacturing (MM) zone, which is designated within the larger industrial district west of Interstate 5. The MM zone establishes intermediate industrial uses in areas in which production and processing activities involve some degree of noise, vibration, air pollution, radiation, glare phenomena, and fire and explosive hazards. The proposed gas station and convenience store are consistent with this definition (provided by the previous General Plan). 4 534 of 607 Planning Commission Meeting of November 5, 2018 Page 4 Land Use Code Under the applicable Land Use Code (LUC), both the gas station and sale of nonautomotive products in excess of 216 cubic feet require issuance of a CUP. In addition, the sale of alcohol also requires a CUP. Chapter 18.98 (Service Stations) includes design guidelines and site development standards for new gas stations. These standards include minimum lot size (15,000 square feet), minimum landscape amount (5% of the lot), and building design and materials, which are discussed below. The proposal is consistent with all requirements of Chapter 18.98. Other uses permitted by right (no CUP required) in the MM zone include auto storage, lumber yards, recycling centers, and concrete batch plants. 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 and food mart with eight fuel pumps would generated 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 (2010), 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). 5 535 of 607 Planning Commission Meeting of November 5, 2018 Page 5 Parking There is no specific parking requirement for a gas station in the LUC. However, a convenience store would need to be parked at a ratio of one space for every 250 square feet of floor area. For a retail floor area of 3,150 square feet (2,400 for the convenience store and 750 for the bike shop), 13 parking spaces would be required, which are provided. Bicycle Access The site is adjacent to the 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 Ca[trans right-of-way adjacent to the property; however, part of the right-of-way from the existing curb going west will be needed for construction of the bike path. This area is shown on the site plan (see Exhibit "A -Revised"). The project has been designed to avoid conflicts with this area. In order to compliment the bikeway, the applicant has added a 750 square -foot retail bike store. Staff also suggests that the property include an additional 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. Economic Impact According to information provided by HdL Companies, the City's tax consultant, a gas station and convenience store of this size could be expected to generate up to $80,000 in sales tax annually. 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). 6 536 of 607 Planning Commission Meeting of November 5, 2018 Page 6 Beer and wine sales Section 18.30.050 of the LUC allows for on -site alcohol sales with an approved CUP. Additional requirements for alcohol CUPs include expanded notification, a community meeting, and distance requirements. Proposed hours of operation are 8:00 a.m. to midnight daily. A condition is included to require that coolers with alcohol be locked outside of approved sales hours. Mailing — All property owners and occupants within a distance of 660 feet are required to be notified of a public hearing for alcohol -related CUP applications. Notice of this public hearing was sent to 73 people, 37 occupants, and 36 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, September 7, 2018 at 3:30 p.m. at the subject location. The meeting advertisement, sign -in sheet, and minutes are attached. There were five community members in attendance. Two community members expressed support for the redevelopment, while the other three had concerns related to homelessness, drug use, and prostitution. Distance Requirements — Chapter 18.030.050 (D) requires a 660-foot distance from sensitive uses such as schools. However, no schools are 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 The California Department of Alcoholic Beverage Control (ABC), there are currently five off -sale permits issued in the subject census tract (219). These permits are: Name Address License Type* CUP Arco Gas Station 133 W 8th St. 20 Yes Valero Gas Station 10 Osborne St. 20 Yes One Ten Liquor & Market 110 National City Blvd. 21 No Big B Market 1540 Coolidge Ave. 20 No Cozine's Grocery 402 Civic Center Dr. 21 Yes * Type 20 - Off -Sale Beer and Wine Type 21 - Off -Sale General 7 537 of 607 Planning Commission Meeting of November 5, 2018 Page 7 Two of the off -sale licenses are gas stations, and the other three are markets. 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 considered to be over -concentrated, the licenses are spread out over a large geographic area. Census tract 219 is comprised of the whole west side of the City from National City Blvd. to San Diego Bay, which is by far the largest in the City. With a population of 6,816 (as of August 2018) it is also the most populous. However, this census tract is more than three times the size of the next most populous tract (117), which has a population of 6,773. Therefore, because of the large size and low population density, census tract 219 is an anomaly compared to the rest of the City and experiences less of the issues associated with overconcentration of alcohol licenses. Police Department (PD) PD provided a Risk Assessment report on the property for the previous application. The assessment assigned 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). Per a conversation with PD. The same assessment can be used as there have been no substantive changes to the alcohol sales or storage from the original submittal. The Risk Assessment is attached. Institute for Public Strategies (IPS) As of the writing of this report, no comments have been received from IPS. However, based on recent comments provided for alcohol CUPs, IPS typically recommends that owners, management, and staff be required to attend the (Responsible Beverage Sales and Service (RBSS) training. This requirement is a standard condition of City Council Policy 707 and is included as a condition of approval. Findings for Approval The (previous) Municipal Code 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 [previous] Municipal Code. Additionally, all buildings and parking spaces can be installed to meet all setback and site design requirements. 8 538 of 607 Planning Commission Meeting of November 5, 2018 Page 8 2. That the site has sufficient access. 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 (922 ADT after pass by trips are subtracted) 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. 4. That the proposed use is deemed essential and desirable to the public convenience. The project will provide a service in need for local and regional drivers requiring automobile refueling and associated services. The use is consistent with the 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. In addition, the use will generate sales tax that will contribute to the City's General Fund. 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. 9 539 of 607 Planning Commission Meeting of November 5, 2018 Page 9 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 not needing to visit multiple locations for their needs, thus reducing vehicle trips. In addition, the bike shop will provide amenities for cyclists using the future Bayshore Bikeway. Findings for denial There are also three findings for denial included with this application: 1. Granting the permit would constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located. The census tract in which the subject property is located is currently over -concentrated with regard to off -sale alcohol outlets. Five off -sale outlets are permitted where four are recommended by the ABC. In addition, the area has a high crime rate. 2. That the proposed use is not deemed essential and desirable to the public convenience and necessity. There are five other off -sale alcohol outlets located in the same census tract as the subject property where alcohol can be purchased, two of which are also gas stations. 3. That based on findings 1 and 2 above, public convenience and necessity will not be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. It should be noted that the findings for denial are based on the alcohol component only. If the Commission feels that other elements of the project are incompatible with or would result in impacts to the surrounding area, separate findings of denial would need to be made related to those components (e.g. gas station, convenience store). Conditions of Approval Comments were originally received from the Building, Engineering, and Fire departments, as well as Sweetwater Authority and continue to apply. Comments focused on Building and Fire Code requirements, and stormwater compliance, drainage, street improvements, and 10 540 of 607 Planning Commission Meeting of November 5, 2018 Page 10 permits. All comments are included as Conditions of Approval. Sweetwater Authority comments focused on fire flow and plan submittal. Summary A gas station and related non -automotive retail space 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 Land Use Code, and is consistent with the General Plan and Local Coastal Plan. The area in which the business would be located is removed from sensitive uses and has ample access to accommodate the proposed uses on site. As a result, the use is not expected to create any significant impacts. Alcohol sales are consistent with other commercial businesses in the census tract, including two gas stations. The business will also be subject to standard conditions of approval along with those in Council policy 707 related to alcohol sales. Furthermore, the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. Finally, the proposed development will result in 18 new jobs, as well as temporary construction jobs, and will contribute a significant amount of sales tax to the City's General Fund. OPTIONS 1. Approve 2018-19 CUP, CDP subject to the conditions listed below, based on attached findings; or Deny 2018-19 CUP, CDP based on attached findings and findings to be determined by the Planning Commission; or, 3. Continue the item for additional information. 11 541 of 607 Planning Commission Meeting of November 5, 2018 Page 11 ATTACHMENTS 1. Recommended Findings 2. Recommended Conditions 3. Overhead 4. Applicant's Plans (Exhibit A -Revised and B, Case File No. 2018-19 CUP, CDP, dated 10/16/2018 and 2/27/2018 respectively) 5. Community meeting advertisement, sign -in sheet, and minutes 6. PD comments 7. Census Tract and Police Beat maps 8. Public Hearing Notice (Sent to 73 property owners and occupants) 9. CEQA Notice of Exemption 10. Resolutions MARTIN REEDER, AICP BRAD RAULSTON Principal Planner Deputy City Manager 12 542 of 607 RECOMMENDED FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT 2018-19 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 (922 ADT after pass by trips are subtracted) 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. In addition, the use will generate sales tax that will contribute to the City's General Fund 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. 13 543 of 607 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). 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, thus reducing vehicle trips. In addition, the bike shop will provide amenities for cyclists using the future Bayshore Bikeway. 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 2018-19 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. 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. 14 544 of 607 RECOMMENDED CONDITIONS OF APPROVAL 2018-19 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, and a bike shop. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A -Revised and B, Case File No. 2018-19 CUP, CDP, dated 10/16/2018 and 2/27/2018 respectively. 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. 15 545 of 607 The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Department requirements. 7. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 8. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved 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 16 546 of 607 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 dean 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 17 547 of 607 with the County of San Diego Recorder. A copy of the documents filed shall be given to the City of National City Engineering Department as soon as filed. 20.A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 21. Street improvements shall be in accordance with the City Standards. All missing street improvements shall be constructed. Abandoned driveway aprons shall be replaced with curb, gutter, and sidewalks. 22.A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 23. NO PARKING zone(s) (red curbing) shall be provided and/or replaced after new curb has been installed. 24. The existing non -operational abandoned pay telephone on Civic Center Drive adjacent to the westerly driveway shall be removed. 25. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection 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 18 548 of 607 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. 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. 40. At minimum, one bicycle parking space shall be installed on the property. Additional spaces to accommodate future bicycle traffic should also be included. 19 549 of 607 41.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. 42. Business operations shall comply with Municipal Code Title 12 (Noise) at all times. 43. 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). 44. Plans submitted for construction permits shall show that a cover for all trash enclosures be provided. 45. 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). 46.Violation of APCD licensing/permitting or any other state licensing department shall be a violation of this Conditional Use Permit and Coastal Development Permit. 47. Any planned exterior propane tank shall be screened in compliance with Land Use Code Section 18.42.040. 48.AII proposed business signage shall be in conformance with Land Use Code requirements. 49.Alcohol sales shall be limited to the hours of 8:00 a.m. to midnight daily. 50. 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. 51.The sale of beer or malt beverages in quantities of quarts, 22-ounce, 32-ounce, 40- ounce, or similar size containers is prohibited. 52. No beer products shall be sold of 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. 53. 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. 54. 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. 55.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. 20 550 of 607 56. 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. 57. 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. 58. Permittee shall post signs on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Additionally, the permittee shall post signs, to be approved by the Planning Department, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed." 59.Containers of distilled spirits may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 60. 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. 61. 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. 62.Alt 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. 21 551 of 607 Sweetwater Authority 63. 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. 64 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. 65.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. 22 552 of 607 Civic Center proposed Gas Station/Convenient Store operations Community Meeting When: 09/07/2018, 03:30-04:30 pm. Where: 724 Civic Center Dr. National City CA 91950. Meeting was coordinated and managed by Amad Attisha (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, the total of five community members showed up, and discussed the outcomes and impacts of developing the current status of the site into a new gas station/C store & a Bike Shop. 3. 04:55 pm meeting is over. o Visitor #1 & #2 o Visitor #3: Contact info: Concerns: o Visitor #4: Contact info: Concerns: o Visitor #5: Contact info: Concerns: : Mr. Jacques LeFraint and Mr. Mike Young Contact info: See sign in sheet. Approve/in favor of project. Happy with positive impact on neighborhood. Happy with development of old property. Mr. Damian Cruz See sign in sheet. Drug dealers and prostitutes Monica Casillas. See sign in sheet. Homelessness, especially from previous use of property. Luis Solis See sign in sheet Homeless, drug dealers/addicts & prostitutes 23 553 of 607 MARTIN SAMO P.O. Box 21041 EL CAJON, CA 92021 You are invited to attend a: CO MEETING Date: Friday, September 7th, 2018 Time: 3:30PM to 4:30PM Address: 724 Civic Center Drive, National City, CA 91950 We are looking forward to meeting you and have you learn more about our upcoming development and discuss any questions you may have. Our new development consists of a Gas Station, a Convenient Store and a Bike Shop. This meeting is to inform citizens of a use permit application that has been filed for the service of beer and wine at our new development that, when opened, may be called 7-eleven, Arco, Circle K, Chevron or Shell. If you cannot attend the meeting, or if you have any questions before then, please feel free to contact Martin Samo, the Applicant's representative at (619) 579-7337 or via email at :,artysamo@gmai:..:� This notice is being sent to you In fulfillment of the City of National City requirements. This outreach effort to our neighbors is necessary because an application for development or use has been filed with the City of National City Planning Department. 24 554 of 607 MEETING SIGN -IN SHEET Proer.:t Gas Station 4- C. Store + Bike Shop Meeting manager. Name A 24ZA 44-ti ki A Friday 09/07,2078, 03:30-04:30 PM Meeting Date: Address: 724 Civic Center Drive. National City, CA 91.950 Company Phone &Mail t 7 ”) Q tie_; FRI 44,fr ft) / 5 1 L • -24), .6tC;4D_5.7Lra .1>t esq I 757 Hi? ( 25 555 of 607 NATIONAL CITY POLICE DEPARTMENT ALCOHOL BEVERAGE CONTROL RISK ASSESSMENT DATE: 03/07/2017 BUSINESS NAME: 7-Eleven ADDRESS: 724 Civic Center Drive, National City, CA 91950 OWNER NAME: Amad Yelda Attisha DOB: 11/08/1969 OWNER ADDRESS: 1741 Sea Pines Road, El Cajon, CA 92019 (add additional owners on page 2) I. Type of Business Restaurant (1 pt) ,/ Market (2 pts) Bar/Night Club (3 pts) Tasting Room (1 pt) II. Hours of Operation Daytime hours (1 pt) Close by 11 pm (2 pts) ✓ Close after 11 pm (3 pts) 11I. Entertainment Music (1 pt) Live Music (2 pts) Dancing/Live Music (3 pts) ,/ No Entertainment (0 pts) IV. Crime Rate Low (1 pt) Medium (2.pts) ,/ High (3 pts) V. Alcohol Businesses per Census Tract Below (1 pt) Average (2 pts) ,/ Above (3 pts) Notes: Alcohol Businesses per Census Tract / Over saturation. Crime Rate High for Beat 24 Revised: 8/16 26 556 of 607 National City Police Depai wient ABC Risk Assessment VI. Calls for. Service at Location (for previous 6 months) ✓ Below (1 pt) Average (2 pts) Above (3 pts) VII. Proximity Assessment (1/4 mile radius of location) • Mostly commercial businesses (1 pt) Some businesses, some residential (2 pts) Mostly residential (3 pts) VIII. Owners) records check • No criminal incidents (0 pts) Minor criminal incidents (2 pts) Multiple/Major criminal incidents (3 pts) Low Risk ( 12pts or less) Medium Risk (13 — 18pts) High Risk (19 — 24pts) Total Points 13 OWNER NAME: DOB: OWNER ADDRESS: OWNER NAME: DOB: OWNER ADDRESS: Recommendation: Completed by: Shephard Revised: 8/16 2 of 2 Badge ID: 402 27 557 of 607 I.Nded S*e es Naval Station i •p .. Kimball Park St 0 St G Moll Ra D o `pt 3 'i f .. 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All rights reserved Tele Atlas and Tele Atlas Nadh America are trademarks ofTeliatlas� � =bad . v Source: Microsoft Mappoint NCPD CAU, 4/18/07 City of National City Beat 24 28 558 of 607 August 25, 2014 n CensusTracts 2010 1:45,467 0 0.375 0.75 i i I 0 0.5 1 1.5 mi ( 2 km Sources: Esri, HERE. De Lora e. TomTom, Intermap, increment P Corp., GEBCO, USGS. FAO, NPS, NRCAN, GeoBase. IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esh China (Hong Kong). swisstopo, Mapmylndla, OpenSVeelMap contributors, and the GIS UserCommundy 29 559 of 607 CALIFORNIA. NATIONAL ION1A_L CnI'' v INCORPORATED - CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT FOR A GAS STATION, CONVENIENCE STORE, AND BIKE SHOP TO BE LOCATED AT 724 CIVIC CENTER DRIVE IN THE COASTAL ZONE. CASE FILE NO.: 2018-19 CUP, CDP APN: 559-024-06 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, November 5, 2018, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request (Applicant: Stosh Podeswik). The applicant is proposing to demolish the existing building and construct a new gas station, 2,400 square -foot convenience store, and 750 square -foot retail space (bike shop). The 25,466 square -foot property would have 14 parking spaces and four double - sided fuel pumps. Information is available for review at the City's Planning Department, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Department on or before 12:00 p.m., November 5, 2018, who can be contacted at 619-336-4310 or planning E nationalcityca.gov. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNNG DEPARTMENT BR LTA RAULSTON Deputy City Manager 30 560 of 607 CALIFORNIA -- NATIONAL CIriry INCORPORATED 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 Project Title: 2017-03 CUP, CDP Project Location: 724 Civic Center Drive, National City, CA 91950 Lead Agency: City of National City Contact Person: Martin Reeder Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit and Coastal Development Permit for a gas station, 2,400 square -foot convenience store, and 750 bike shop at a site previously developed with a gasoline service station. Applicant Name and Address: Stosh Podeswik 4682 Nebo drive La Mesa, CA 91941 Exempt Status: x Telephone Number: (619) 246-9044 Email Address: stosh(c�stoshthomas.com Categorical Exemption. Class 32, Section 15332 (In -Fill Development Projects) Reasons why project is exempt: There is no possibility that the proposed use will have a significant impact on the environment since construction of the gas station, convenience store, and bike shop 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 31 561 of 607 RESOLUTION NO. 2018-18 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, CONVENIENCE STORE WITH OFF -SALE BEER AND WINE, AND BIKE SHOP TO BE LOCATED AT 724 CIVIC CENTER DRIVE IN THE COASTAL ZONE. APPLICANT: STOSH PODESWIK. CASE FILE NO. 2018-19 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, convenience store with off -sale beer and wine, and bike shop to be located at 724 Civic Center Drive in the Coastal Zone at a duly advertised public hearing held on November 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. 2018-19 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 the public hearing held on November 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 Municipal Code. Additionally, all buildings and parking spaces can be installed to meet all setback and site design requirements. ATTACHMENT 3 32 562 of 607 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 (922 ADT after pass by trips are subtracted) 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. In addition, the use will generate sales tax that will contribute to the City's General Fund 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, thus reducing vehicle trips. In addition, the bike shop will provide amenities for cyclists using the future Bayshore Bikeway. 33 563 of 607 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, and a bike shop. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A -Revised and B, Case File No. 2018-19 CUP, CDP, dated 10/16/2018 and 2/27/2018 respectively. 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 34 564 of 607 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 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. 35 565 of 607 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 Edress 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 36 566 of 607 (SDRSD) G-7, G-9, G-10 and G-11 curb and gutter shall be 8" and be in accordance with National City Modified SDRSD G-2. 18. The existing pedestrian ramp(s) at the following locations(s) shall be removed and replaced with standard ramp complying with the ADA requirements and the SDRSD G-29 (Type C) located on the southeasterly comer of Civic Center Drive and Cleveland Avenue. 19. All existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall restore them after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the City of National City Engineering Department as soon as filed. 20.A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 21. Street improvements shall be in accordance with the City Standards. All missing street improvements shall be constructed. Abandoned driveway aprons shall be replaced with curb, gutter, and sidewalks. 22.A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 23. NO PARKING zone(s) (red curbing) shall be provided and/or replaced after new curb has been installed. 24.The existing non -operational abandoned pay telephone on Civic Center Drive adjacent to the westerly driveway shall be removed. 25.A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection 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 VVays and Facilities are addressed. Fire 37 567 of 607 28. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC), National Fire Protection Association (NFPA), and California Code of Regulations (CCR). 29. Fire apparatus access roads shall comply with the requirements of Section 5 CFC 2013 and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the building as measured by an approved route around the exterior of the building. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. 30.The required width of emergency fire apparatus access roads shall not be obstructed in any manner, including parking of vehicles. All access roads shall be no less than 20 feet wide, no less than 14 feet high and shall have an all-weather road with the ability to support 75 thousand pounds or greater. Where a fire hydrant is located on a fire apparatus road, the minimum road width shall be 26 feet. A 28 foot turning radius is required for Fire Department access through site. All Fire Department access roads shall be painted and signed to prevent parking in these required designated emergency areas 31. Grade of fire apparatus road shall be within the limits established (15% grade) by the fire code official based on fire department's apparatus. 32.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. 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. 38 568 of 607 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. 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.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. 42. Business operations shall comply with Municipal Code Title 12 (Noise) at all times. 43.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). 44.Plans submitted for construction permits shall show that a cover for all trash enclosures be provided. 45.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). 46.Violation of APCD licensing/permitting or any other state licensing department shall be a violation of this Conditional Use Permit and Coastal Development Permit. 47.Any planned exterior propane tank shall be screened in compliance with Land Use Code Section 18.42.040. 48.AII proposed business signage shall be in conformance with Land Use Code requirements. 49.Alcohol sales shall be limited to the hours of 8:00 a.m. to midnight daily. 50.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. 51.The sale of beer or malt beverages in quantities of quarts, 22-ounce, 32-ounce, 40- ounce, or similar size containers is prohibited. 52. 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. 39 569 of 607 53. No sale of wine or distilled spirits shall be sold in containers of Tess than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 54. 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. 55.The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking Tots and outbuildings and any property or adjacent property under the control of the applicant. 56.AII cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be given free of charge. 57. 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. 58. Permittee shall post signs on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Additionally, the permittee shall post signs, to be approved by the Planning Department, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed." 59. Containers of distilled spirits may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 60. 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. 61. 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. 40 570 of 607 62.AII sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the 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 63.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. 64.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. 65.0nce 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. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of November 5, 2018, by the following vote: AYES: Quintero, Senclt, Yamane, Gardia, Flores, Dela Paz NAYS: None. 41 571 of 607 ABSENT: Baca ABSTAIN: None, CHAIRPERSON 42 572 of 607 PROJECT DATA ,--o,azgrau 1 . NEW CONVENIENCE STORE / BIKE SHOP z.vsk .t01,0+4P4.0. WY...et • .1041.11/ V1I+001121.4.1. ir g 724 CIVIC CENTER DRIVE NATIONAL CITY, CA. 91950 :4 uro:am.-111,1-A nanna,..u., zu.../......• .,...,.. ''' ..i.; .. ,,,-,s,-): ..I. CIVIC CENTER DRIVE — — tal 1. mett,,A,Urt 0 . .1 .salln .c.t.--: I.... Jr... CO 11 / 1.:7;t14.4:44 at.narsrm W #ZA Lin / 2,1tht OWR.P.W., :cool, Wr 'N. .1,34LAVVCR11 •...........e.i..1.,11,1-. • .ol 1 Prtocapen.•rtmeg, .1 cc, ,,-- --,-- •4 I 1 r .. ,j.,',., VI —1 .......„-:__,-- •P:0 gb ...masa.. WM. M.P4,1,4.:1,1 B.1.31tIft121.,. re .--...... LLJ 0 '''' 16 A .-- __. 4,' - 0 4,'/It -- cliork • .,"' -... .----:-..--.. es' 11 A 4$ CM,WIAY'r.l. vr..1•-•. 144 HOTIWW., ie ilt1.14.1.311: IV•41K111.“; >t1 ff ? LU (f) Luz . PROJECT SCOPE 06 5 < 0 - ( 4 ‘.,,.% , tff— . '. ‘46 nam.rwei 7 ...v.tawm-r t-swr, K Inv. Illid...C.7.• „ = •'",.‘ .. ,,......___- PROJECT TEAM L.1.1 „,.. .....t.r.... . --,,,,*, ..„ ,..,,,,....raorc,„ 0.7-1•,1 I 1.1i.). > atr I __s 4... . . ' ........, .1411124E411:41:c4r ZA.SVIIT. 0 %....X• . “i• .%......,CI 0 -*rW==C_O1I.O.M,-1.fP = .l'.4 t= scoa . - 0."' vcorew . • . _----"' —..------ , Zi s2---' -- • in111C-.111MATIM LLJ Z . —:—_-_--- VICINITY MAP NTS. , --- '---'------''''-----• __.----------------------5- .. _ --.....::------7.-- . . .. ST5511 • R RAP Vilc)m oilf.RslAlf. SHEET INDEX T TI • WM1 kn., -r S-LIIi SI, T , . Ir.•••“ it k-.4. " '"'"."' - . 2; : iP; •:"...--- _;,.. r.::, ...7 7 7 ARCHITECTURAL SITE PLAN -",P, nAvEr‘ers,.. 5r.ALL •+•.• GI ......sum.*-. :!:', gFITC0,.. ,',I, :44,1Y/N CUP 2017-03 a .31401.. tr `,....Vnt ,„,....-...,. F-,-FF1 T-1 EXHIBIT: /. WIA/ii<4'-/ CASE FILE NO.: /Fr c Of DATE: ATTACHMENT 4 43 573 of 607 NEW CONVENIENCE STORE / BIKE SHOP 724 CIVIC CENTER DRIVE NATIONAL CITY, CA. 91950 CL 0 w OD W CC 0ill 1—?Ll_ro c J) Z U U UZ L ti j0 U6 zNz w 0 U W z SToSM TN9 \AS DATE: MILO SCALE: nv.rs DfiAwA: sm De: i, SM[ET T-0 44 574 of 607 WALK-IN COOLE 11 12 13 14 15 DOORS 1-7 IS WHERE LCOHOL PRODUCTS MILL BE DISPLAYED 18 19 20 21 22 CASE FILE NO.: ZOt7-03 CU/ViGOf DATE: 2 /27/201S/ 45 575 of 607 CC/CDC-HA Agenda 11/20/2018 — Page 576 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit — Perry Chrysler requesting to use the vacant lots located at 1105 National City Boulevard, 1123 National City Boulevard and 41 E. 12th Street for storage of vehicles from November 20, 2018 thru May 20, 2019 with no waiver of fees. (Neighborhood Services) Please scroll down to view the backup material. 576 of 607 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE. November 20, 2018 AGENDA ITEM NO. :-o-Fith i1.E: Temporary Use Permit — Perry Chrysler requesting to use the vacant lots located at 1105 National City Boulevard, 1123 National City Boulevard and 41 E. 12th Street for storage of vehicles from November 20, 2018 thru May 20, 2019 with no waiver of fees. PREPARED BY: 1Dionisia Trejo PHONE: 019) 336-4255 EXPLANATION: DEPARTMENT: Ne ghod Services Department APPROVED BY: This is a request from Perry Chrysler to use the vacant lot located at 1105 National City Boulevard, 1123 National City Boulevard and 41 E. 12th Street for storage of vehicles from November 20, 2018 thru May 20, 2019. Perry Chrysler, located at 2050 National City Boulevard, does not have adequate room to store vehicles on their property, hence this TUP request. Note: On August 1, 2017 City Council approved a similar Temporary Use Permit, sponsored by C&M Motors. FINANCIAL STATEMENT: ACCOUNT Na APPROVED: APPROVED: City fee of $237.00 for processing the TUP through various City Departments. Total Fees: $237.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: L1 FINAL ADOPTION: LI_ Finance MIS STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit for a period of six months ending on May 20, 2019. BOARD / COMMISSION RECOMMENDATION: N/ 1 ATTACHMENTS: Application for a Temporary Use Permit with recommended conditions of approval. 577 of 607 Type of Event ❑ Fair/Festival TUP City of National City • Neighborhood Services Department 1243 National City Boulevard • National City, CA 91950 (619) 336-4364 ■ fax (619) 336-4217 www.nationalcityca.gov Special Event Application ❑ Parade/March ❑ Sporting Event Event Name & Location Event Title Vehicle Storage ❑ Walk or Run ❑ Concert/Performan r e ❑ Other (specify) RECEIVED OCT 1 0 2018 Neighborhood Services Department City of National City Event Location (list all sites being requested) 1105, 1123 National City Blvd_, and 41 E 12th St APN: 556-554-18, 19, 20 AND 25 Event Times Set -Up Starts Date Novembor20, 2018 Time Event Starts Date November20.2018 Time Event Ends Date 6 months from start date Time Breakdown Ends Date 6 months from start date Time Applicant Information Day of Week Tuesday Day of Week Tuesday Day of Week Day of Week A licant our name Ramon Gitesatani Sponsoring Organization Perry Chrysler PP (Y } Event Coordinator (if different from applicant) Mailing Address 2050 National City Blvd., National City, CA 91950 Day Phone (76Q) 505-5521 After Hours Phone CeII Fax Public Information Phone E-mail rgitesatani@perrychrysler.com Applicant agrees to investigate, defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and all loss, damage, liability, claims, demands, detriments, costs, charges, expense (including attomey's fees) and causes of action of any character which the City, its officers, employees and agents may incur, sustain or be subjected to on account of loss or damage to property or the loss of use thereof and for bodily injury to or death of any persons (including but not limited to the employees, subcontractors, agents and invitees of each party hereto) arising out of or in any way connected to the occupancy, enjoyment and use of any City premises under this agreement to the extent permitted by law. Applicant understands this TUP/special event may implicate fees for City services, which will have to be paid in the City's Finance Department48 hours prior to the event set-up. The undersigned also understands and accepts the City's refund policy for application processing and feduse and that fees and charges are adjusted annually and are subject to change. Signature of Applicant: l Date /e7 578 of 607 Special Event Application (continued) Please complete the following sections with as much detail as possible since fees and requirements are based on the information you provide us. Fees/Proceeds/Re orting. Is your organization a "Tax Exempt, nonprofit" organization? Yes 0 No E1 Are admission, entry, vendor or participant fees required? Yes 0 No If YES, please explain the purpose and provide amount (s): $„Estimated Gross Receipts Including ticket, product and sponsorship sales from this event. $ N/A $ N/A What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Estimated Expenses for this event. Description of Event ® First time event 0 Returning Event 0 include site map with application Note that this description may be published in our City Public Special Events Calendar: Estimated Attendance Anticipated # of Participants: 1 Anticipated # of Spectators' 0 579 of 607 Traffic Control, Securit First Aid and Accessibilit Requesting to close street(s) to vehicular traffic? Yes ❑ No LI List any streets requiring closure as a result of the event (provide map): Date and time of street closure: Date and time of street reopening: ❑ Other (explain) Requesting to post "no parking" notices? Yes 0 No CI ❑ Requested "No Parking" on city streets and/or parking lots (list streets/parking lots) (provide map): ❑ Other (explain) Securit and Crowd Control Depending on the number of participants, your event may require Police services. Please describe your procedures for both Crowd Control and Internal Security: There will be no crowd. ' Have you hired Professional Security tohandie security arrangements for this event? Yes 0 No J if YES, name and address of Security Organization Security Director (Name): Phone: If using the services of a professional security firm and the event will occur an City property, please provide a copy of its insurance certificate, evidencing liability with limits of at least $1 Million dollars .per oocurance/$2 Million dollars aggregate, as well as and additional insured endorsement naming the City of National City, its officers, employees, and agents as additional insureds. Evidence of insurance must be provided by the vendor or its insurer to the Neighborhood Services Department at the time of submission.. Is this a night event? Yes ❑ No ® If YES, please state how the event and surrounding area will 'be illuminated to ensure safety of the participants and spectators: 3 580 of 607 First Aid Depending on the number of participants, your event may require specific First Aid services. First aid station to be staffed by event staff? Yes El No Q First aid/CPR certified? Yes ❑ No ,[7® El First aid station to be staffed by professional company. ► Company If using the services of a professional security firm and the event will occur on City property, please provide a copy of its insurance certificate, evidencing liability with limits of at least $1 Million dollars per oocurrence/$2 Million dollars aggregate, as well as and additional insured endorsement naming the City of National City, its officers, employees, and agents as additional insureds. Evidence of insurance must be provided by the vendor or its insurer to the Neighborhood Services Department at the time of submission.. Accessibility Please describe your Accessibility Plan for access at your event by individuals with disabilities: N/A :;Elements: of your Event Setting up a stage? Yes ❑ Noll] ❑ Requesting City's PA system ❑ Requesting City Stage; if yes, which size? ❑ Dimensions (13x28) ❑ Dimensions (20x28) ❑ Applicant providing own stage to. (Dimensions) Setting up canopies or tents? # of canopies size # of tents size ® No canopies/tents being set up Setting up tables and chairs? ❑ Furnished by Applicant or Contractor # of tables ® No tables being set up # of chairs ® No chairs being set up ❑ (For City Use Only) Sponsored Events — Does not apply to co -sponsored events # of tables ❑ No tables being set up . 4 581 of 607 of chairs. ❑ No chairs being set up Contractor Name Contractor Contact information Address 5 Clty/Slate Phone Number 582 of 607 Setting up other equipment? ❑ Sporting Equipment (explain) ❑ Other (explain) p Not setting up any equipment listed above at event Having amplified sound and/or music? Yes ❑ No® ❑ PA System for announcements ❑ CD player or DJ music ❑ Live Music it ❑ Small 4-5 piece live band - ❑ Large 6+ piece live band ❑ Other (explain) If using live music or a DJ. to. Contractor Name s Address Ciiy/State Phone Number Using lighting equipment at your event? Yes 0 No ID ❑ Bringing in own lighting equipment ❑ Using professional lighting company ► Company Name Address City/State Phone Number Using electrical power? Yes ❑ No ® ❑ Using Kimball Park Bowl Lighting (from to ) ❑ Using on -site electricity 0 For sound and/or lighting ❑ For food and/or refrigeration ❑ Bringing in generator(s) ❑ For sound andfor lighting ❑ For food and/or refrigeration Vendor Information PLEASE NOTE: You may be required to apply for a temporary health permit if food or.beverages are sold of given away during your special. event. Also see `Permits and Compliance' on page a in the Special Event Guide. For additional information on obtaining a temporary health permit, please contact the County of San Diego Environmental Health at (619) 338-2363.. Having food and non-alcoholic beverages at your event? Yes ❑ No 0 ❑ Vendors preparing food on -site lP- # a Business License # If yes, please describe how food will be served and/or prepared: If you intend to cook food in the event area please specify the method: ❑ GAS ❑ ELECTRIC ❑ CHARCOAL ❑ OTHER (Specify): ❑ Vendors bringing prepackaged food i► # la Business License # ❑ Vendors bringing bottled, non-alcoholic beverages (i.e., bottled water, can soda, etc.) to # ❑ Vendors selling food # lie Business License #(s) ❑ Vendors selling merchandise # O. Business License #(s) 6 583 of 607 ❑ Food/beverages to be handled by organization; no outside vendors ❑ Vendors selling services #., ► Business License #(s) ► Explain services ❑ Vendors passing out information only (no business license needed) # ► Explain type(s) of information ❑ No selling or informational vendors at event Having children activities? Yes ❑ No® PLEASE NOTE: In the eventinflatable Jumps are provided at the event, The City of National City. - • requires commercial liability insurance with limits of at feast $1 Million dollars per occurrence/$2.Millien dollars -aggregate, in addition, the •City of National City must be named as an Additional Insured pursuant to a .separate endorsement, which shall be provided by the vendor or its insurer to the City's Risk Manager, along with the Certificate of insurance, for approval prior to the event, The application should•.be filed out at :least one week prior to the event. There is a $25 fee to process the permit ' • application.For questions or to obtain a copy of the "Facility Use Application", please contact the Engineering/Public Works Department at (019) 336-4580. ❑ Inflatable bouncer house # ❑ Rock climbing wall Height Q Inflatable bouncer slide # ❑ Arts & crafts (i.e., craft making, face painting, etc,) ❑ Carnival Rides ❑ Other Having fireworks or aerial display? Yes ❑ No ID ❑ Vendor name and license # Dimensions Duration Number of shells .Max. size PLEASE NOTE: In .the: event fireworks or another aerial display is planned for your event, The City of National City requires commercial liability insurance with limits of at least $2 Million dollars per occurrence/ $4 Million dollars aggregate. Inaddition; the City of National City must be named as an Additionalinsured pursuant to a separate endorsement, which shall be provided by the vendor Or Its insurer to the City's Risk Manager, along with the Certificate of Insurance, for approval prior to the event, Depending on the size and/or nature of the fireworks display, the City reserves the right to . request higher liability limits. The vendor must also obtain a fireworks permit from the National City Fire Departmentand the cost is $502.00 Arranging for media coverage? Yes 0 No© ❑ Yes, but media will not require special set-up ❑ Yes, media will require special set-up. Describe 7 584 of 607 Event Signage PLEASE NOTE: For. City sponsored or co -sponsored events, banners publicizing..the event maybe placed on the existing poles on the 1800 block and 3100 block of National City Boulevard. The banners must be made to the City's specifications. Please refer to the City`s Special Event Guidebook and Fee Schedule for additional information. Are you planning to have signage at your event? Yes ❑ No d ❑ Yes, we will post signage # Dimensions ❑ Yes, having inflatable signage # ► (complete Inflatable Signage Request form) ❑ Yes, we will have banners # ❑ What will signs/banners say? ❑ How will signs/banners be anchored or mounted? ❑ Location of banners/ signage VIZIWEEMEMI PLEASE NOTE: One toilet for every 250 people is required, unless the applicant can show that there are sufficient facilities in: the immediate area available to the public during the event. Are you planning to provide portable restrooms at the event? Yes ❑ No MI If yes, please identify the following: Ito- Total number of portable toilets: IN. Total number of ADA accessible portable toilets: O Contracting with portable toilet vendor. le Company Phone 10. Load -in Day & Time le- Load -out Day & Time O Portable toilets to be serviced. le Time Set- Breakdown Clean-up Setting up the day before the event? ❑ Yes, will set up the day before the event. # of set-up day(s) ® No, set-up will occur on the event day Requesting vehicle access onto the turf? ❑ Yes, requesting access onto turf for set-up and breakdown (complete attached Vehicle Access Request form) ❑ No, vehicles will Toad/unload from nearby street or parking lot. 8 585 of 607 N 'DES-L tterFence..: f City to install litter fence ❑ Applicant to install litter fence ® N/A Breaking down set-up the day after the event? ❑ Yes, breakdown will be the day after the event. P # of breakdown day(s) ® No, breakdown will occur on the event day. How are you handling cleanup? ❑ Using City crews ❑ Using volunteer clean-up crew during and after event. ® Using professional cleaning company during and after event. Misceifaneous Please list anything important about your event not already asked on this application: Please make a copy of this application for your records. We do not provide copies. 9 586 of 607 f • I. Special Event Information Special Events Pre -Event Storm Water Compliance Checklist Name Vehicle Storage of Special Event: Event Address: Expected # of Attendees: Event Host/Coordinator: Ramon Gitesafanl Phone Number: (7600 506-5521 II. Storm Water Best Management Practices (BMPs) Review YES NO NIA Will enough trash cans provided for the event? Provide number of trash bins: Will enough recycling bins provided for the event? Provide number of recycle bins: - V WIli.all portable toilets have secondary containment trays? (exceptions for ADA compliant portable toilets) 6/ Do all storm drains have screens to temporarily protect trash and debris from entering? Are spill cleanup kits readily available at designated spots? i S * A Post -Event Storni Water Compliance Checklist will be completed by City Staff. 10 587 of 607 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. The insurance company issuing the insurance policy must have a A.M. Best's Guide Rating of A:VII and that the insurance company is a California admitted company; if not, then the insurance policy to the issuance of the permit for the event. The Certificate Holder must reflect: City of National City Risk Management Department 1243 National City Boulevard National City, CA 91950 Organization: Person in Charge of Activity: Address: Telephone: Date(s) of Use: HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employeepr contractors/ Signature of Applicant: Official Title: i`/ 1 Date: 7 / s// Y For Office Use Only Certificate of Insurance Approved Date 11 588 of 607 Coachella Affordable Housing Investors V, LLC. 16633 Ventura Blvd., Suite 1014 Encino, California 91436 818-380-2600 October 8, 2018 foe Olsen City of National City 1243 National City Blvd. National City, CA 91950 Re: Authorization Letter 1105, 1123 National City Blvd, and 41 E 12th St, National City, CA APN: 556-554-18, 19, 20 AND 25 . Dear Mr. Olsen, 1, Alexis Gevorgian, the Manager of Coachella Affordable Housing Investors V, LLC, a California limited liability company, hereby authorize Perry Automotive Group to use my property for vehicle storage. Should you have any further questions, please feel free to contact me at (818) 380-2600 Ext. 14 or at aevorgian@amgland.com. Sincerely, Alexis Gevorgian 12 589 of 607 L09 l0 069 ET • • • $O I-113A13M,1- i1 I I V iD Q� i s NATIONAL C4TY _ (NATioNAL 25 0 ro o) CFI N 8ALLEY ° oALLEY 260.25 25 CLSD 160 CLS9 co 0 H1N3A313 0 d ti - ^' 0 cn -II i, 111.50 6p i 0 0 260.29 pg'Y —�• `r �j A 0 290.30 �O irnO .viz°47'29 1, 40 • ZSs I $3,33 7 � d •�, �.`. ��Z• , •Ci404,: M •74,, • •.ti;`��.. •�tt lit t .i .}• . • V �.'. 71• (..} Y .. "N . •.t. THIS DOCUMENT HAS A TRUE WATERMARK AAD VISIBLE FIBERS DISCERNIBLE FROM BOTH SIDES CITY OF NATIONAL. CITY 3S LICENSE CERTIFICATE TO CITY ORDINANCE THIS LICENSE IS HEREBY GRANTED FOR THE TERM & PURPOSE STATED \. Date of Expiration: 12/3, �R1PTION AUTO RETAIL NEW/USED C L 6RNIA �- 3 ADDRESS 2340 NATIONAL CITY S NAME 3 NSFERABLE U1 CO B LV D Ar PERRY CHRYSLER DODGE JEEP LF N PERRY MOTORS OF NATIONAL CITY, LLC 12740 POWAY RD POWAY, CA 92064-4404 POST IN A CONSPICUOUS PLACE �k� A City Manager FIBER UNDER UV LIGHT CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: Perry Chrysler EVENT: Vehicle Storage DATE OF EVENT: November 20, 2018 — May 20, 2019 APPROVALS: DEVELOPMENT SERVICES RISK MANAGER PUBLIC WORKS FINANCE FIRE POLICE CITY ATTORNEY COMMUNITY SERVICES NEIGHBORHOOD SERVICES CODE ENFORCEMENT YES [x] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] SEE CONDITIONS [ x SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 Building No comments Planning • No vehicles may be stored on site until the Temporary Use Permit has been issued. • Any vehicles parked on unpaved surfaces shall follow construction BMPs (Best Management Practices), as required by the Engineering Department, to avoid tracking dirt into the street or impacting stormwater quality. • No movement of vehicles shall occur after dark. • All activities shall comply with the standards contained in Table III of NCMC Title 12 (Noise). • No customers may visit the site. • No signage indicating vehicles for sale or identifying a specific business or group may be posted on site. • No vehicle inspection, maintenance, cleaning, or sales may occur on site. • The property shall be screened from view of the right-of-way through view - obscuring materials such as vinyl or wood slats in the chain link fence. The fencing shall be at least six feet in height. 15 592 of 607 Engineering No comments RISK MANAGER (619) 336-4370 Risk Management has reviewed the above captioned application for the issuance of a Temporary Use Permit. In as much as the event will held solely on private property there will be no additional insurance requirements necessary for the issuance of the permit. It should be noted that the Hold Harmless and Indemnification Agreement were properly executed by the applicant at the time the Special Event Application was submitted. PUBLIC WORKS (619)366-4580 No involvement FINANCE No comments FIRE (619) 336-4550 No stipulations POLICE DEPARTMENT The police department has no stipulations. CITY ATTORNEY Approved on condition that Risk Manager approves. COMMUNITY SERVICES No involvement 16 593 of 607 NEIGHBORHOOD SERVICES Neighborhood Notifications — Events are required to notify residents and/or businesses of the surrounding impacted areas by the event. The notice shall include the name of the event, name and phone number of the company/organization producing the event, the dates and times of the event (including set-up and breakdown) and a detailed description of how the residents and/or businesses may be affected, such as by street closures, "No Parking" signs being posted, music at the event, etc. CODE ENFORCEMENT 1. Maintain fencing/walls/signage free from graffiti at all times, per National City Municipal Code (NCMC) 10.54, as per below: • 10.54.050 - Unlawful to permit property to remain defaced. It is unlawful for any responsible party to permit property which is defaced with graffiti to remain so defaced for a period of seventy-two hours after notice of same by the city unless: A. Said responsible party shall demonstrate by a preponderance of evidence that he/she does not have the financial or physical ability to remove the defacing graffiti; or B. Unless it can be demonstrated that the responsible party has an active program for the removal of graffiti and has scheduled the removal of the graffiti as part of that program, in which case it shall be unlawful to permit such property defaced with graffiti to remain defaced for a period of seventy-two hours after notice of same. 2. Maintain property free of litter, trash, rubble, debris, whether or not your party was responsible for the blight or not. This includes sidewalks, fence lines, and the parkway areas. Regular maintenance is required. 17 594 of 607 3. Do not jump any curbs with any vehicle, as per NCMC 7.18 (below): • 7.18.130 - Climbing or jumping curbs prohibited. A. It is unlawful for any person to operate any vehicle to or from a public way onto private property at any place other than approved driveways. "Climbing" or "jumping" concrete curbs or asphalt berms where there is no driveway is prohibited. B. Temporary access over curbs may be allowed by the public works director or city engineer during the course of construction on the site which will include construction of driveway approaches, subject to the protective devices and other limits he determines to be necessary. 4. Maintain all BMP's (Best Management Practices) in accordance with state and local provisions. This would include installing rattle plates to limit the amount of dirt/sand that enters the roadway. Enter/Exit roadway at driveway apron at all times. Do not jump curb to enter lot. 5. No vehicles shall sit idle at site for a period of longer than 5 minutes, per NCMC 11.34.040. 6. Hours of operation shall not begin before 7 a.m. nor conclude after 7 p.m., Monday through Friday. No work shall occur on weekends or holidays. 7. The parking and storage of vehicles on this empty parcel is not an allowed land use, per NCMC 18.20.030. Therefore, the recommendation from Code Enforcement Staff is that the use not exceed a total period of 6 months. This lot shall be vacant from vehicle storage no later than May 20, 2019. 8. All unpaid Administrative Citations related to vehicle storage must be paid prior to issuance of permit. 18 595 of 607 CC/CDC-HA Agenda 11/20/2018 — Page 596 The following page(s) contain the backup material for Agenda Item: Community and Police Relations Commission (CPRC) 2016 and 2017 Annual Reports. (City Manager) Please scroll down to view the backup material. 596 of 607 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 20, 2018 AGENDA ITEM NO. ITEM TITLE: Community and Police Relations Commission (CPRC) 2016 and 2017 Annual Reports PREPARED BY: Lauren Maxilom/ CPRC Liaison DEPARTMENT: City Manager's Office PHONE: (619) 336-4289 APPROVED BY: Pursuant to Title 16 of National City Municipal Code 16.10.020: The chair of each board, commission and committee shall appear before the city council on an annual basis and present a brief report on the activities and accomplishments of the board, commission or committee that they chair during the previous year. Such report shall also include a presentation of the record of attendance of the members of the board, commission or committee that is the subject of the report. The Commission unanimously approved the 2016 and 2017 Annual Reports during their regular meeting on August, 16, 2018. See attached reports for detailed information from the Community and Police Relations Commission. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: / FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Accept and file 2016 and 2017 Community and Police Relations Commission Annual Reports BOARD / COMMISSION RECOMMENDATION: The CPRC voted unanimously on August 16, 2018 to approve Chairman Baraja's 2016 and 2017 Annual Reports to the City Council. ATTACHMENTS: CPRC 2016 Annual Report CPRC 2017 Annual Report 597 of 607 CALIFORNIA ., + U ORPORATEI Community and Police Relations Commission Memorandum To: Mayor and City Council Cc: City Manager's Office From: Victor Barajas, Community and Police Relations Commission RE: 2016 Annual Report Background In October 2003, the Mayor and City Council established the National City Community and Police Relations Commission (CPRC). The Commission should be comprised of eight individuals appointed by the Mayor and approved by the City Council. Of the eight members, seven are voting members and one is a non -voting member. Of the seven voting members, five must be residents of National City. The non -voting member is a member of the National City Police Officers Association (NCPD-POA). The terms of the membership are three years, subject to reappointment by the City Council. As of the time period this report reflects (2016), there are 5 voting members and one non- voting member leaving two vacancies to be filled for voting members. The Commission meets on the third Thursday in the months of February, May, August and November at 6:00 p.m. in the Council Chamber of the National City Civic Center, 1243 National City Boulevard, 2nd Floor, National City, unless otherwise designated. 2016 Year End Review During the year in review, the National City Community and Police Relations Commission continued its training objectives from the 2015 year and saw several changes in personnel. Amongst these changes in personnel were changes to the complaint review subcommittee members and changes to the Chair and Vice Chair roles. The committee also made catching up on the review of backlogged cases from the 2013/2014 years a priority and made significant headway in towards accomplishing this objective. Page 1 of 4 598 of 607 The committee was also staffed with enough commissioners throughout the year so as to maintain a full quorum and avoid ANY meeting cancelations for the year. During the Commission's May and November meetings, two newly appointed Commissioners were introduced; (John Bailey and Derek Jones respectively). Both of Commissioners are included in the total number of voting. commissioners referenced above. These additional appointees gave the Commission added flexibility to accommodate Commissioner Absences without risk of canceling regularly scheduled meetings. In addition to the new members welcomed by the Commission during the year, the following personnel changes also occurred: • Florfina Arce resigned from the commission. • Victor Barajas and Diana Plazola were appointed as Chairman and Vice - Chairman respectively with a majority vote by the Commission. Complaint Review Subcommittee Victor Barajas was moved from alternate to primary on the Complaint Review Subcomittee: Diana Plazola was appointed as the 2nd primary on the Sub -Committee and John Bailey was appointed as an alternate to review completed Internal Affairs cases in the absence of Chairman Barajas or Vice -Chairman Plazola's absence. Cases Reviewed in 2016 During the 2014/2015 year, a significant backlog of cases was created due to several factors that prevented the efficient review of cases. During the 2016 year CPRC made it a top priority to catch up on this backlog and made sigificant headway towards accomplishing this objective. During the 2016 reporting year; the commission reviewed 2/Citizen/Department Initiated investigations in closed session. Of the 21 cases reviewed, 17 were supported unanimosly by the commission; two cases were withdrawn; one had two commissioner abstentions and one, was refered to another law enforcement agency for review. Current Status of Complaints • As of the date of this report; the 2014/2015 backlog of cases has been significantly reduced and the commission is on track to eliminate the backlog by mid 2017. *Note: All complaints that are reviewed by CPRC Complaint Review Subcommittee are taken to the entire Commission in closed session for discussion and determination.* Page 2 of 4 599 of 607 Training/Special Presentations • 2014 Use of Force/Internal Affairs Statistical Report by NC Chief of Police, Manuel Rodriguez. • Use of Force Legal Standards by Senior Assistant City Attorney, Nicole Pedone. • Body Worn Cameras by NC Police Lieutenant, Robert Rounds. • Summary of unreasonable searches and seizures, by Senior Assistant City Attorney, Nicole Pedone. • Internal Affairs Processes presentation by NC Sergeant. Aydelotte. • 2016 Mid -Year Crime Statistics by NC Police Captain, Jose Tellez. • Discussion on DUUDriver License checkpoint by Chairman Victor Barjas. • Chairman Victor Barajas and Commissioner John Bailey attendace at the 22nd Annual National Association of Civilian Oversight of Law Enforcement (NACOLE) conference. 2016 Attendance February May Present —Barajas, Victor; Plazola, Diana; Seaton-Msemaji, Ken; Estolano, Nancy; Castro Munoz, Julio; Bailey, John (voting members) Present — Phillips, Bill (non-votingmember) Absent -- Arce Present — Bailey, John; Barajas, Victor; Estolano, Nancy; Plazola, Diana; Arce, Florfina (voting members) Absent — Phillips, Bill (non -voting member) Absent -- Seaton-Msemaji, Ken; Castro Munoz, Julio (voting members) August Present — Bailey, John; Baraj as, Victor; Castro Munoz, Julio; Estolano, Nancy; Seaton-Msemaji, Ken; Plazola, Diana (voting members) Present — Phillips, Bill (non -voting member) Absent — Arce November Present —Barajas, Victor; Castro Munoz, Julio; Estolano, Nancy; Jones, Derek; Seaton-Msemaji, Ken; Plazola, Diana (Voting members) Present — Bill Philips (non -voting member) Absent — Bailey, John Page 3 of 4 600 of 607 2017 Goals • Cotinue reviewing the 2014/2015 backlog of cases and hace cases caught up by mid -year (May meeting). • Continue seeking training opportunities for the commission. • Begin talks of updating and formalizing the commission's complaint review subcommittee procedures for reviewing cases. • Begin talks of updating the commission's Bylaws to include formal training requirements for current and future commissioners. • Continue to review IA cases in real time. • Continue building the commissions membership. Page 4 of 4 601 of 607 cA,L RNIA, ..,..... flrONALaT'ya 70, v iivcoRponAop Community and Police Relations Commission Memorandum To: Mayor and City Council Cc: City Manager's Office From: Victor Barajas, Community and Police Relations Commission RE: 2017 Annual Report Background In October 2003, the Mayor and City Council established the National City Community and Police Relations Commission (CPRC). The Commission should be comprised of eight individuals appointed by the Mayor and approved by the City Council. Of the eight members, seven are voting members and one is a non -voting member. Of the seven voting members, five must be residents of National City. The non -voting member is a member of the National City Police Officers Association (NCPD-POA). The terms of the membership are three years, subject to reappointment by the City Council. As of the time period this report reflects (2017), there are 5 voting members and one non- voting member leaving two vacancies to be filled for voting members. The Commission meets on the third Thursday in the months of February, May, August and November at 6:00 p.m. in the Council Chamber of the National City Civic Center, 1243 National City Boulevard, 2nd Floor, National City, unless otherwise designated. 2017 Year End Review During the year in review, the National City Community and Police Relations Commission began discussions to update the committees training bylaws to require that all commissioners, at minimum, attend two law enforcement/policy trainings per year. With the objective being better preparation for all commissioners to be effectively cycled through CPRC's Complaint Review Sub -Committee. Page 1 of 3 602 of 607 In an effort to prevent future bacldogs of in IA case reviews; discussions on the procedures of Complaint Review Sub -Committee also began. The proposed changes to the procedures include a requirement for the committee to coordinate with Internal Affairs, at minimum once per month, to review recently completed cases for presentation at the next regularly scheduled CPRC meeting. CPRC did see continued momentum from 2016 in its Complaint Review Subcommittee and continued reviewing IA cases in real time. Thus preventing additional backlogs as the committee saw in years 2014 and 2015. During the Commission's May meeting, two newly appointed Commissioners were introduced, (Gil Garcia and Victor Gonzalez). Both Commissioners are included in the total number of voting commissioners referenced above. These additional appointees gave the Commission added flexibility to accommodate Commissioner absences without risk of canceling regularly scheduled meetings. In addition to the new members welcomed by the Commission during the year, the following personnel changes also occurred: • Derek Jones and Julio Castro Munoz resigned from the commission. • Victor Barajas and Diana Plazola were re -appointed as Chairman and Vice - Chairman respectively with a majority vote by the Commission. Cases Reviewed in 2017 During the 2017 reporting year; the commission reviewed 8 Citizen/Department Initiated investigation in closed session. Current Status of Complaints • Effective March 2017; the 2014/2015 backlog of cases has been eliminated and all remaining case reviews are being conducted in real time as they become available by NCPD's Internal Affairs Department. *Note: All complaints that are reviewed by CPRC Complaint Review Subcommittee are taken to the entire Commission in closed session for discussion and determination.* Training/Special Presentations • FBI Index Crimes 2016 Statistics by National City Police Chief Manuel Rodriguez. • Presentation on the Adult Use of Marijuana Act (Proposition 64) and National City's Recreational Marijuana Ordinance by National City Attorney, Nicole Pedone. • • Mobile Field Interview Technology and ARJIS Applications Presentation by National City Police Sergeant Shephard. Page 2 of 3 603 of 607 • Commisioner Victor Gonzalez and Deputy City Attorney Contreras attended at the 23'd Annual National Association of Civilian Oversight of Law Enforcement (NACOLE) conference. Complaint Review Subcommittee Victor Barajas and Diana Plazola continued as primaries in the Complaint Review Sub - Committee. John Bailey continues as an alternate to review completed Internal Affairs cases in the absence of Chairman Barajas or Vice -Chairman Plazola. 2017 Attendance Februaty May Canceled due to lack of quorum. Present—Barajas, Victor; Diana (voting members) Absent — Bailey, John; Jones, Derek; Castro Munoz, Julio; Estolano, Nancy Present — Phillips, Bill (non -voting member) Present -- Bailey, John; Barajas, Victor; Castro Munoz, Julio; Estolano, Nancy; Garcia, Gil; Gonzalez, Victor; Plazola, Diana (voting members) Absent — None Present — Phillips, Bill (non -voting member) August Present Bailey, John; Barajas, Victor; Garcia, Gill; Gonzalez, Victor; Plazola, Diana (voting members) Phillips, Bill (non -voting member) Absent — Castro Munoz, Julio; Estolano, Nancy November Present — Bailey, John; Barajas, Victor; Garcia, Gil; Estolano, Nancy; Plazola, Diana (Voting members) Absent — Gonzalez, Victor, Castro Munoz, Julio Present — Bill Phillips (non -voting member) 2018 Goals • Review and finalize the committee's training/participation bi-laws section. • Review and finalize the Complaint Review Sub -Committees procedures for reviewing cases. • Have commissioners participate in, at minimum, two law-enforcement/policy trainings per year. • Improve the committees case review time frames. • Continue to review IA cases in real time. • Continue building the committees membership. Page 3 of 3 604 of 607 CC/CDC-HA Agenda 11/20/2018 — Page 605 The following page(s) contain the backup material for Agenda Item: City Council Meeting Schedule for December 2018 and January 2019. (City Clerk) Please scroll down to view the backup material. 605 of 607 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 20, 2018 AGENDA ITEM NO. ITEM TITLE: City Council Meeting Schedule for December 2018 and January 2019. (City Clerk) PREPARED BY: Michael R. Dalla DEPARTMENT: City Clerk PHONE: 619-336-42261 EXPLANATION: See attached memo. APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt a motion dispensing with the January 15, 2019 Regular Meeting of the City Council and Successor Agency to the Community Development Commission as the National City Redevelopment Agency and adjourn the meeting of December 20th to an Adjourned Meeting on January 22, 2019 at 6:00 p.m. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Memo to the Mayor and Members of the City Council. bUb Oi bid City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 Michael R. Dalla — City Clerk (619)336-4226 (619) 336-4229 November 20, 2018 TO: FROM: Michael Dalla, City Clerk vX SUBJECT: Modified City Council Meeting Schedule for January 2019 / Dispensing with the Regular Meetings of January 1 and January 15, 2019 Honorable Mayor and City Council The City Council approved work furlough will result in City Hall being closed from December 21, 2018 until January 7, 2019. Consequently, the Regular City Council Meeting schedule for January 2019 will need to be modified. It is recommended that the Regular Meetings of January 15, 2019 be dispensed with and the City Council have an Adjourned Regular Meeting on January 22, 2019. RECOMMENDATION In order to provide the public with proper notice of the January meeting schedule, it is recommended that you: Adopt a motion dispensing with the January 15, 2019 Regular Meeting of the City Council and Successor Agency to the Community Development Commission as the National City Redevelopment Agency and adjourn the meeting of December 20th to an Adjourned Meeting on January 22, 2019 at 6:00 p.m. 607 of 607