Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Draft Agenda Packet - 04-02-19 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 My �+QOORPORATfi ALEJANDRA SOTELO-SOLIS Mayor RON MORRISON Vice Mayor JERRY CANO Councilmemher GONZALO QUINTERO Councilmemher MONA RIOS Councilmemher 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, APRIL 2, 2019 - 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 unrelated. 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 207 CC/CDC-HA Agenda 4/2/2019 — 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 207 CC/CDC-HA Agenda 4/2/2019 — 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 AND CERTIFICATES 1. National City Proclaims Fair Housing Association Month 2. National Prescription Drug Take Back Day 3. National City Celebrates National Latina Business Women Association Day AWARDS AND RECOGNITIONS 4. Introduction of new employee, Karina Lopez, Senior Office Assistant. (Community Services) PRESENTATIONS INTERVIEWS / APPOINTMENTS 5. Interviews and Appointments: Various Boards & Commissions. (City Clerk) CONSENT CALENDAR 6. 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) 7. Resolution of the City Council of the City of National City Approving the Memorandum of Understanding (MOU) between the City and the National City Police Officers' Association (NCPOA). (Human Resources) 8. Resolution of the City Council of the City of National City, waiving the formal bid process pursuant to National City Municipal Code Section 3 of 207 CC/CDC-HA Agenda 4/2/2019 — Page 4 2.60.260 regarding cooperative purchasing and authorizing the City to piggyback onto Sourcewell (formerly National Joint Powers Alliance) Contract #120716-NAF with National Auto Fleet Group for the purchase and build -out of one (1) 2019 Ford F-150 (F1C) XL 2WD Reg Cab 8 Box 141 WB, Factory Order 1500 Lift Gate in an amount not to exceed $33,470.75. (Engineering/Public Works) 9. Resolution of the City Council of the City of National City accepting and approving the recordation of a Memorandum of Unrecorded Grant Agreement/Deed Restrictions with the State of California, by and through the Natural Resources Agency, for Paradise Creek Educational Park; and authorizing the City Manager to execute said Memorandum of Unrecorded Grant Agreement/Deed Restrictions. (Engineering/Public Works) 10. Temporary Use Permit - "Kidz Fest" Community Easter Hunt sponsored by Cornerstone Church of San Diego at 1914 Sweetwater Road on April 21, 2019 from 9:00 a.m. to 4:00 p.m. with no waiver of fees. (Neighborhood Services) 11. Temporary Use Permit - Halloween Retail Tent Store hosted by Halloween Express at Westfield Plaza Bonita Mall from August 30, 2019 thru November 4, 2019 with no waiver of fees. (Neighborhood Services) 12. Warrant Register #34 for the period of 02/13/19 through 02/19/19 in the amount of $248,456.19. (Finance) 13. Warrant Register #35 for the period of 02/20/19 through 02/26/19 in the amount of $2,007,614.26. (Finance) 14. Warrant Register #36 for the period of 02/27/19 through 03/05/19 in the amount of $2,270,283.68. (Finance) PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS 15. Public Hearing and Adoption of a 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 adjustment to the TDIF of 2 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 $2,484 per new residential dwelling unit to $2,534 per unit beginning July 1, 2019. (Engineering/Public Works) 16. Public Hearing and Introduction of an Ordinance of the City Council of the City of National City amending Chapter 10.43 of the National City 4 of 207 CC/CDC-HA Agenda 4/2/2019 — Page 5 Municipal Code concerning alcohol and illegal drug offenses by minors and juveniles NON CONSENT RESOLUTIONS NEW BUSINESS B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY CONSENT RESOLUTIONS - HOUSING AUTHORITY PUBLIC HEARINGS: RESOLUTIONS - HOUSING AUTHORITY 17. Public Hearing and Adoption of a Resolution of the Community Development Commission - Housing Authority of the City of National City (HACNC) approving the Housing Choice Voucher Program's Administrative Plan for Fiscal Year 2019-2020. (Housing Economic & Development) 18. Public Hearing and Adoption of a 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 2019-2020. (Housing & Economic Development) NON CONSENT RESOLUTIONS - HOUSING AUTHORITY NEW BUSINESS - HOUSING AUTHORITY C. REPORTS STAFF REPORTS 19. Verbal report on Community Service Day, to be held Saturday, April 27, 2019 at El Toyon Park and Kimball Park. (Community Services and Neighborhood Services) MAYOR AND CITY COUNCIL CLOSED SESSION REPORT ADJOURNMENT Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday - April 16, 2019 - 6:00 p.m. - Council Chambers - National City, California. 5 of 207 CC/CDC-HA Agenda 4/2/2019 — Page 6 Special Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Budget Workshop - Tuesday - April 9, 2019 - 6:00 p.m. - Council Chambers - National City, California CITY COUNCIL SUMMER LEGISLATIVE RECESS July 2, 2019 - City Council Meeting - Dispensed With July 16, 2019 - City Council Meeting - Dispensed With 6 of 207 CC/CDC-HA Agenda 4/2/2019 — Page 7 The following page(s) contain the backup material for Agenda Item: National City Proclaims Fair Housing Association Month Please scroll down to view the backup material. 7 of 207 Item # 04/02/19 National City Proclaims Fair Housing Association Month Proclamation Forthcoming 8 of 207 CC/CDC-HA Agenda 4/2/2019 — Page 9 The following page(s) contain the backup material for Agenda Item: National Prescription Drug Take Back Day Please scroll down to view the backup material. 9 of 207 Item # 04/02/19 National Prescription Drug Take Back Day Proclamation Forthcoming 10 of 207 CC/CDC-HA Agenda 4/2/2019 — Page 11 The following page(s) contain the backup material for Agenda Item: National City Celebrates National Latina Business Women Association Day Please scroll down to view the backup material. 11 of 207 Item # 04/02/19 National City Celebrates National Latina Business Women Association Day Proclamation Forthcoming 12 of 207 CC/CDC-HA Agenda 4/2/2019 — Page 13 The following page(s) contain the backup material for Agenda Item: Introduction of new employee, Karina Lopez, Senior Office Assistant. (Community Services) Please scroll down to view the backup material. 13 of 207 Item # 4/2/19 Introduction of new employee, Karina Lopez, Senior Office Assistant. (Community Services) 14 of 207 CC/CDC-HA Agenda 4/2/2019 — Page 15 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. 15 of 207 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 2, 2019 AGENDA ITEM NO. ITEM TITLE Interviews and Appointments: Various Boards & Commissions. (City Clerk) PREPARED BY Michael R. Dalla DEPARTMENT. City Clerk PHONE: 619-336-4226 EXPLANATION See attached. APPROVED BY: 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 16 of 20-:1 CC/CDC-HA Agenda 4/2/2019 — Page 17 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. 17 of 207 Item # 04/02/19 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) 18 of 207 CC/CDC-HA Agenda 4/2/2019 — Page 19 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 Police Officers' Association (NCPOA). (Human Resources) Please scroll down to view the backup material. 19 of 207 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 2, 2019 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 Police Officers' Association (NCPOA). PREPARED BY: Robert J. Meteau Jr. DEPARTMENT: Human Resources PHONE: 336-4308 APPROVED BY: 0,✓ EXPLANATION: The labor agreement between the City of National City and the National City Police Officers' Association (NCPOA) expired December 31, 2018. City representatives began meeting and conferring in good faith with NCPOA representatives in September, 2018 for the purpose of negotiating a successor agreement. On January 29, 2019 the NCPOA membership voted to ratify the terms of a two (2) year agreement, retroactive to January 1, 2019 as set forth by the negotiating teams. A complete summary of the terms of the agreement is attached. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: `mil' ..eaf Finance APPROVED: MIS Fiscal Impact: FY 19 (6 mos) - $219,000; FY 20 - $609,000; FY 21 - $1,334,000; FY 22 (6 mos) - $934,000 Total, term of agreement - $3,096,000. 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 the terms of a two (2) year agreement reached between the City National of City negotiating team and the City of National City Police Officers' Association (NCPOA). BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Summary of Package Tentative Agreement Between City and NCPOA NCPOA Memorandum of Understanding Resolution 20 of 207 CITY OF NATIONAL CITY /NATIONAL CITY POA 2018 MOU NEGOTIATIONS PACKAGE CONTINGENT TENTATIVE AG RE E ME NT1-1/22/19 ARTICLE 12— EDUCATION/POSTCERTIFICATION INCENTIVE PAY Safety employees covered by this Memorandum of Understanding are eligible for educational incentive pay upon meeting the requirements indicated below. LEVEL I $30.00 per month compensation * LEVEL II 2% of base monthly salary LEVEL III 7% of base monthly salary AS or AA in related field Intermediate POST Certificate Advanced POST Certificate * Level I benefits are only available to employees already receiving such benefits as of J my 1, 2002. Effective the first full pay period in October 2021, increase Advanced POST to 8.0%. General Requirements 1. Completion of the initial Probationary Period with the NationalCity Police Department. 2. Performance Report of at least "Satisfactory" on last two (2) reports. 3. Recommendation from the Chief of Police and the approval of the City Manager or designee. Tuition Reimbursement The Educational Expenses Reimbursement Plan is available to employees who wish to improve their work performance through furthering their education. The plan provides reimbursementfor up to $3,500 per fiscalyear and is open to all employees who meet the following criteria: 1 This package contingent tentative agreement is will be recommended to the City Council by the City Manager but is entirely contingent on City Council support/approvaL 1 21 of 207 ARTICLE 14 —CAFETERIA PLAN FOR HEALTH, DENTAL AND INSURANCE PLANS Section 1 Health Coverage As a benefit to full-time employees covered by this Memorandum of Understanding, the City will provide a group health and dental insurance program. The benefits and limitations of the program are to be designed cooperatively by the Association, the insurance carrier and the City. The Association and the City agree to select and implement health insurance programs that meet the requirements of applicable law. The City will provide a cafeteria benefit to all employees for use of paying insurance premiums for health, dental and other insurance plans. As of December 31, 2018, the City contributes as follows: 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 CITY'S CONTRIBUTION FOR ALL PLANS OTHER THAN KAISER HIGH DEDUCTIBLE HEALTH PLAN (Kaiser HDHP): Employee Only $527.41/month Employee +1 $876.54/month Employee +2 or more $1,227.43/month Effective the first full pay period following City Council adoption of this 2019-2021 MOU, the City will contribute the same amount regardless of what health plan an employee chooses equal to the amounts contributed to the non -high deductible plans. Also, effective the first full pay period following City Council adoption of this 2019-2021 MOU, the City will contribute $50 per month more than the City would be otherwise obligated to contribute under the cost sharing methodology described in the next paragraph. Each health plan year (currently February through the following J anuary), the City's new contribution obligation for employee only, employee +1 and employee +family shall be the City's monthly contribution amounts from the prior health plan year plus 50% of any increase in the lowest cost health plan and dentalplan. Section 2 Money in Lieu An employee may elect to receive an amount equivalent to the City's contribution minus the cost of health coverage for the employee alone, as cash in lieu. 2 22 of 207 ARTICLE 16 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM Section 1 Consistent with the Government Code of the State of California, employees are local safety or miscellaneous members of the Public Employees' Retirement System and are entitled to all benefits previously adopted amendments by the Board of Administration of PE RS and the City CounciL Section 2 Plan Definitions The following benefits and definitions apply to the retirement plan benefits: (a) "Classic Employee" Definition: Classic employees are defined as current employees and future employees who do not qualify as a "new member" under the California Public Employees' Pension Reform Actof2013 (PEPRA). (b) "New Member" Definition: New members are defined in the Public Employees' Pension Reform Act of 2013 (PEPRA), Government Code Section 7522.04(f). (c) CaLPERS Retirement Formula for Public Safety New Members (Police Officer, Police Corporal, Police Sergeant and Police Lieutenant) as Defined Under the Public Employees' Pension Reform Act of 2013 (PEPRA): Public safety "new members" as defined by PEPRA who are hired by the City on or after J anuary 1, 2013 shall be entitled to the 2.7% at age 57 retirement formula with highest three (3) year average final compensation as set forth in PEPRA. (d) CaLPERS Retirement Formula for Public Safety Classic Employees (Police Officer, Police Corporal, Police Sergeant and Police Lieutenant) Hired on or After March 18, 2010 (current employees and employees who do not qualify as "New Members" under PEPRA): Current public safety employees or former City of National City employees who were members of CaLPERS while employed with the City and had membership with Ca[PE RS prior to January 1, 2013 and who are rehired on or after March 18, 2010 and other employees hired after J anuary 1, 2013 who do not qualify as "new members" under PEPRA shalt be entitled to or continue to be entitled to the 3% at age 55 retirement formula with single highest 12-month period for final compensation. (e) CaLPERS Retirement Formula for Public Safety Classic Employees Hired Before March 18, 2010: Public safety employees hired before March 18, 2010 shall continue to be entitled to the 3% at age 50 retirement formula with single highest 12- month period for final compensation. Each of the above -listed plans shall include the following optional benefits: 3 23 of 207 (h) Third Level of 1959 Survivor Benefit (Section 21573) (i) Credit for Unused Sick Leave (Section 20965) (j) The City will report Employer Paid Member Contributions (E PMC ), effective the last pay period in June, 2009, as compensation earnable to PERS under applicable California G overnment Code and California Code of Regulations provisions. Section 3 Employee Contributions to Pension (a) Effective the first full pay period in J anuary 2019, Classic Employees shall pay 1.0% toward the employer CaLPERS rate in addition to the full employee CaIPERS contribution percentages of 9% for a total contribution of 10%. Effective the first full pay period in J anuary 2020, Classic Employees shall pay an additional1.0% toward the employer Ca1PERS rate for a total contribution of 11.0%. (b) New Members shall pay 50% of the normal share of cost required by PEPRA for the applicable pension formula and benefit. ARTICLE 20 —SALARIES Section 1 Salary Schedule The City shall provide on a timely basis each year a copy of the official salary schedule developed by the Finance Department Section 2 Salary Adjustments A. Police Officer, Sergeant, Lieutenant Effective the first full pay in J anuary 2019 , and then again in the first full pay period of April 2020 and October 2021, the City will adjust the salary range for Police Officer by the percent necessary (if any) to move the salary of a top step National City Police Officer to the mid -point of the salary of a top step police officer or deputy sheriff (excluding longevity) in the 2nd and 3rd ranked comparison agencies (including National City among the comparison agencies) in effect, and already approved by the applicable City Council or Board, at the comparison agencies as of the beginning of the C ity's first full pay period in J anuary 2019 (and the first full pay period in April 2020 and October 2021 for the 2020 and 2021 adjustments). If a National City Police Officer is ranked third, employees shall receive the percent necessary to move the top step salary of a National City Police Officer to the mid -point between that salary and the top step salary (excluding longevity) of the second ranked agency. If a National City Police Officer already is ranked 2nd or higher, employees shall not receive a salary decrease under this paragraph. 4 24 of 207 For purposes of this subsection, adjustments will be made upon current salaries, comparing top step to top step excluding longevity, in place at the time of the pay period adjustment among the comparison agencies. Subsequent retroactive adjustments are not to be considered nor are salary increases not yet ratified or approved. The agreed upon comparison agencies are (1) Oceanside (using its "Step G" for police officer pay); (2) Escondido (using its "Step 6" police officer pay); (3) Chula Vista; (4) Carlsbad; (5) City of San Diego; (6) National City; (7) El Cajon; (8) Coronado; (9) San Diego County Sheriffs Department; and (10) La Mesa. The same methodology as set forth in the prior two paragraphs shall be used for separately surveying and adjusting the pay of a National City Sergeant and National City Lieutenant (i.e. survey and survey adjustments as of the City's first full pay period in January 2019, April 2020 and October 2021),If a survey agency in the future no longer has a Lieutenant classification, the parties will promptly meet and confer regarding that agency's elimination of the Lieutenant classification (i.e. whether or not to include the agency, use the second line supervisor, other) with each side retaining all the rights of meet and confer including but not limited to the Association reserving the right to move an impasse on the issue to fact-finding. B. Police Corporals The salary for Police Corporals shall be a flat amount approximately five percent (5%) higher than "E" step for Police Officer. After 2 years of continuous service as a Police Corporal, the salary shall increase to a flat amount approximately six -and -a -half percent (6.5%) higher than "E" step for Police Officer. After 5 years of continuous service as a Police Corporal, a Police Corporal shall be paid a salary approximately nine percent (9.0%) higher than "E" step for Police Officer. ARTICLE 30 —TERM OF PROVISIONS This is the entire integrated agreement and it shall be effective January 1, 2019 through December 31, 2021, superseding all conflicting provisions of the previous MOU and past practices. NEW ARTICLE OR SECTION — DEATH IN THE LINE OF DUTY If an Association represented employees is killed due to an accident or injury occurring in the line of duty, the City shall make a $5,000 payment to the designated spouse or domestic partner or other designated beneficiary. 5 25 of 207 CITY OF NATIONAL CITY tNIxLerjpy .e e 'NCORPORATE MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF NATIONAL CITY CALIFORNIA and NATIONAL CITY POLICE OFFICERS' ASSOCIATION AGREEMENT PERIOD JANUARY 1, 201 - DECEMBER 31, 20;-'�, 26 of 207 MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY POLICE OFFICERS' ASSOCIATION FOR THE FOLLOWING PERIOD OF TIME: JANUARY 1, 2019 — DECEMBER 31, 2021 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 Police Officers' 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 March 5, 2019, by Resolution No. 2019- . For the CITY: LESLIE DEESE City Manager For the NCPOA: BRAD FIELDS Chief Negotiator EDWARD L. KREISBERG RYAN STINNETT Chief Negotiator President NCPOA IRENE MOSLEY OMAR RAMIREZ Interim Director of Human Resources NCPOA Representative MARK ROBERTS ROBERT ROUNDS Director of Finance NCPOA Representative JOSE TELLEZ STEVE SHEPHARD Assistant Chief of Police NCPOA Representative WADE WALTERS NCPOA Representative ANTONIO YBARRA NCPOA Representative 2 WADE WALTERS NCPOA Representative NCPOA Agreement January 1, 2019 — December 31, 2021 27 of 207 TABLE OF CONTENTS ARTICLE 1- RECOGNITION 4 ARTICLE 2 - VACATION AND HOLIDAY LEAVE/FURLOUGH LEAVE 5 ARTICLE 3 - LEAVE ELIGIBILITY AND PROCEDURE 8 ARTICLE 4 - MILITARY LEAVE 9 ARTICLE 5 - COURT LEAVE 10 ARTICLE 6 - SICK LEAVE WITH PAY 11 ARTICLE 7 - SPECIAL LEAVE WITH PAY 15 ARTICLE 8 - THE COMPENSATION PLAN 16 ARTICLE 9 - PAY DIFFERENTIAL 18 ARTICLE 10 - OVERTIME 20 ARTICLE 11 - COMPENSATORY TIME 23 ARTICLE 12 - EDUCATION/POST CERTIFICATE INCENTIVE PAY 25 ARTICLE 13 - LONGEVITY PAY 26 ARTICLE 14 - CAFETERIA PLAN FOR HEALTH, DENTAL AND INSURANCE PLANS 27 ARTICLE 15 - EMPLOYEE LIFE INSURANCE 2928 ARTICLE 16 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM 3029 ARTICLE 17 - MANAGEMENT RIGHTS 324 ARTICLE 18 - LONG TERM DISABILITY INSURANCE 333-2 ARTICLE 19 - UNIFORM ALLOWANCE 3433 ARTICLE 20 - SALARIES 3534 ARTICLE 21 - ASSOCIATION RIGHTS 3736 ARTICLE 22 - EMPLOYEE RIGHTS 3837 ARTICLE 23 - WORK WEEK/DAY 3934 ARTICLE 24 - TRAINING 404 ARTICLE 25 - EMPLOYEE GRIEVANCE PROCEDURE 4140 ARTICLE 26 - CONTINUATION OF WAGES, HOURS AND WORKING CONDITIONS 4746 ARTICLE 27 - AGREEMENT, MODIFICATION, WAIVER 4847 ARTICLE 28 - OBLIGATION TO SUPPORT 4948 ARTICLE 29 - PROVISIONS OF LAW 5049 ARTICLE 30 - TERM OF PROVISIONS 5150 ARTICLE 31 - EMPLOYEE ASSISTANCE PROGRAM 5254- ARTICLE 32 - USE OF CITY VEHICLES 5352 ARTICLE 33 - DEFINITIONS 5453 3 NCPOA Agreement January 1, 2019 — December 31, 2021 28 of 207 ARTICLE 1- RECOGNITION The City continues to recognize the Association as the formally recognized majority employees' organization for the following full-time employees of the National City Police Department: (A) Sworn Positions: Police Lieutenant Police Sergeant Police Corporal Police Officer Animal Control Officer (B) Non -Sworn Positions: Police Recruit Senior Police Dispatcher * * The Police Officer Association (POA) will continue to represent the position of Senior Police Dispatcher until the present incumbent vacates the position. Thereafter, the position will be represented by Municipal Employees' Association (MEA). 4 NCPOA Agreement January 1, 2019 — December 31, 2021 29 of 207 ARTICLE 2 - VACATION AND HOLIDAY LEAVE/FURLOUGH LEAVE Section 1 Purpose The purpose of Vacation and Holiday leave is to provide time for an employee to be away from the work environment and to enable such employee to return to work mentally refreshed. All employees shall be entitled to annual vacation and holiday leave with pay. Section 2 Accrual Rates A. All accrual rates in this section are based on years of service at the City of National City, except Paragraphs B and C, below. Employees covered by this Memorandum of Understanding shall earn vacation and holiday leave as follows: Date of hire through 5th year anniversary 7.39 hrs. per pay period of service 1st pay period after 5th year anniversary to 15 year anniversary 8.92 hrs. per pay period of service 1 st pay period after 15 year anniversary 10.46 hrs. per pay period of service B. Employees hired laterally after June 23, 2014 from another public safety department, who have already completed police academy training, shall immediately accrue vacation and holiday leave with the City based on the total number of pay periods of consecutive employment the employee had with the two public safety departments immediately preceding being hired by the City. For example, a lateral with a total of 10 years of consecutive employment with their current and one prior public safety employer would, upon employment with the City, accrue 8.92 hours of vacation and holiday pay per pay period of service he/she performs for the City. C. Lateral employees from another public safety department who had already completed police academy training and were hired by the City of National City before June 23, 2014 were placed in the highest tier for vacation and holiday leave with the City. D. It is recognized that the above accrual rates includes eight (8) hours credit for each of the following ten (10) fixed holidays and four (4) floating holidays: Fixed Holidays Floating Holidays New Year's Day — January lst Lincoln's Birthday — February 12 Martin Luther King Day — 3`d Monday in Jan Washington Birthday — 3`d Monday in Feb Cesar Chavez Day — March 31' Columbus Day — 2nd Monday in October Memorial Day — Last Monday in May Veteran's Day Independence Day — July 4th Labor Day — lst Monday in September Thanksgiving Day — 4th Thursday in Nov Day After Thanksgiving Day Christmas Eve Day — December 24th Christmas Day — December 25th 5 NCPOA Agreement January 1, 2019 — December 31, 2021 30 of 207 Section 2 Accrual Rates (continued) It is further recognized that this provision shall not limit any additional future benefits applicable to the above mentioned holidays and that any such future benefits or compensation shall be granted. Section 3 Maximum Vacation Accumulation An employee may accumulate vacation and holiday leave to a maximum of three (3) times the annual accrual, and accrual shall stop whenever the employee reaches the maximum. Section 4 Vacation Schedules 1. Vacation schedules shall be arranged by the Department Head, taking into account the needs of the Department, the needs and wishes of the employees and the employees' seniority. 2. An employee may take earned vacation in any increment of one (1) hour or more with the consent of the Department Head. Section 5 Terminal Vacation and Holiday Leave Pay Upon termination of employment for any cause, an employee shall be entitled to pay in lieu for the number of accumulated vacation and holiday leave credited to the employee's account under the provisions of this section. All leave available upon completion of an employee's last day of work shall be a lump sum payment termed "terminal vacation and holiday pay". Section 6 Terminal Vacation and Holiday Leave In the case of retirement, the employee may elect to place himself/herself on terminal vacation and holiday leave. In such a case, the employee will use all accumulated vacation and holiday time and retire at the end of said period. Section 7 Holidays Occurring on Normal Work Day In the event an employee is required to work, as determined by the Chief of Police or designee, on a fixed holiday listed in Section 2 above, hourly compensation shall be based on the overtime rate. Section 8 Vacation Sell Back During the term of this agreement, all employees (except Police Recruits) meeting the eligibility criteria defined below, may convert a minimum of 20 hours and a maximum of 80 hours of their accumulated vacation and holiday leave time to pay. 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 40 vacation hours during the eligibility period. b. Employees must submit a written request to the Human Resources Department to convert vacation hours to pay on or before November 1 of each year. c. The eligibility period is defined as the first pay period in November to the last pay period in October. Section 9 Furlough Bank 6 NCPOA Agreement January 1, 2019 — December 31, 2021 31 of 207 Current furlough bank hours shall remain in each employee's account until used by the employee as time off from work with pay. Requests to use furlough hours shall be made and may be approved consistent with present vacation policies. Furlough bank hours have no cash value and if not used prior to separation shall be extinguished. 7 NCPOA Agreement January 1, 2019 — December 31, 2021 32 of 207 ARTICLE 3 - LEAVE ELIGIBILITY AND PROCEDURE Section 1 Leave Categories Consistent with the provisions of this MOU, employees shall be entitled to annual vacation and shall be allowed sick, injury, emergency and special leaves of absence. Administrative leave will be treated the same as time actually worked for purposes of leave requests, benefits and pay. 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 Administrative Leave, Court Leave and Special Meetings, must meet the approval of the Department Head. Section 3 Leave Approval Except in the case of sick, emergency or military leave, the time during which any leave of absence shall be taken by an employee shall be designated by the Department Head. 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 Department Head may in his/her discretion cancel such separation if circumstances warrant such cancellation. 8 NCPOA Agreement January 1, 2019 — December 31, 2021 33 of 207 ARTICLE 4 - MILITARY LEAVE In addition to the leaves of absence provided in this Article, City 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 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 absence on military leave to any loss or diminution of accrued 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 of 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 employees 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 the employee is still mentally and physically qualified to perform the duties of such position, and provided said employee makes application for re-employment within 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 regular salary and benefits for a period not to exceed normal hours worked in 30 calendar days (or 180 hours maximum) in any one fiscal year. All services of said employee in the recognized military service shall be counted as employment with the City. 9 NCPOA Agreement January 1, 2019 — December 31, 2021 34 of 207 ARTICLE 5 - 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, or an employee required to attend or testify at court in a lawsuit against the City in which the employee is a named defendant, shall be granted leave for such purpose upon presentation of proof of the period of said employee's required attendance to the Police Chief/designee. The employee shall receive full pay for the time the employee serves on court duty, provided the money received as a juror or witness is deposited with the Finance Department for credit to the proper fund. Request for such leave shall be made upon leave of absence forms, and the normal work schedule of an employee on court leave may be adjusted to accommodate the needs of the department and the employee's particular circumstances. If the employee makes a court appearance during the morning session and at least part of the afternoon session, after he/she has just completed working a graveyard shift, and if the employee is scheduled to work the next succeeding night shift, the employee shall either: 1. Take the succeeding scheduled graveyard shift off with paid compensation at straight time for the succeeding shift; or 2. With the approval of the on -duty watch commander or shift supervisor, work the succeeding scheduled graveyard shift and receive time and one-half paid compensation for the actual court appearance time. 10 NCPOA Agreement January 1, 2019 — December 31, 2021 35 of 207 ARTICLE 6 - SICK LEAVE WITH PAY The intent of this Article is to provide a continuity of full salary to those employees who are unable, because of illness or injury, to perform the duties of their position or 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 medical and dental care subject to administrative regulations designed to prevent malingering or abuse of these privileges. Section 1 Sick Leave Defined Sick leave is the necessary absence from duty of an employee and may be approved for: 1. Diagnosis, care, or treatment of the employee's existing health condition or preventive medical or dental care for an employee. 2. The incapacity of the employee while on a scheduled vacation as defined in Section 7 of this Article. 3. Bereavement. 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. 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 inquiries 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 1. Each full-time permanent or probationary employee covered by this Memorandum of Understanding shall be entitled to accumulate sick leave at a rate of 3.69 hours per biweekly pay period if he/she has been on paid status at least half the regularly scheduled work days in that month. 2. Unused sick leave shall be accumulative in an unlimited amount. 11 NCPOA Agreement January 1, 2019 — December 31, 2021 36 of 207 Section 3 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 or injury purposely self-inflicted. 2. Sickness or injury caused by willful misconduct. 3. No paid sick leave shall be granted in excess of the employee's sick leave credit or on an employee's regularly scheduled day off. B. Absence that is chargeable to sick leave in accordance with this article shall be charged in an amount not smaller than one (1) hour for the first hour of absence and thereafter, in increments of not less than fifteen (15) minutes. Section 4 Notification A. In order to receive compensation while on sick leave, the employee shall notify: 1. The immediate supervisor; 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 in the employee's respective department. C. The Department Head may waive the above requirements if, in his/her opinion, an emergency or other exceptional circumstances so warrants. Section 5 Physician's Statement Required A. When absence is for more than three (3) consecutive working days, the department head shall require the employee to furnish, at the employee's expense, a certificate or statement from a licensed and practicing physician, indicating the nature and duration of the employee's incapacity or, if the employee was not examined by a physician, other adequate evidence. Based upon circumstances of the particular case and review of previous sick leave usage, the department head may require evidence of incapacity in cases of shorter periods of absence. B. The employee shall not be called at home/hospital while on sick leave for the purpose of pressuring the employee to return to work while still ill or to pressure the employee to perform duties at home/hospital. This section does not limit the right of a supervisor to contact an employee in order to obtain needed information about the status of his/her health and expected date of return to work or for a work related emergency which requires consultation with the employee when other means to rectify the emergency have been exhausted. 12 NCPOA Agreement January 1, 2019 — December 31, 2021 37 of 207 Section 6 Separation from City Service All accumulated sick leave shall be canceled upon separation of the employee from the City service, except as set forth in subsection 8 ("Sick Leave Payment Upon Retirement"). However, if separation is due to lay- off, the employee's accumulated sick leave, up to a maximum of 240 hours shall be restored to him if the employee is re-employed within 24 months. Section 7 Illness during Vacation Leave An employee who becomes incapacitated for work due to the employees' illness or injury while on paid vacation shall have the option of substituting sick leave credit for vacation provided the employees' request for sick leave substitution is accompanied by a doctor's statement or other evidence satisfactory to the Department Head or his designee. Section 8 Sick Leave Payment upon Retirement 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 credit up to and including his 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 entitled to sick leave payoff upon retirement. Section 9 Evidence of Cause of Absence In all cases of absence due to sickness or injury of the employee or illness, injury or death in the employee's immediate family, the employee may be required to furnish the Department Head evidence substantiating the request for such leave. Failure to furnish such evidence upon request shall be sufficient reason to deny the leave of absence with pay. Section 10 Sick Leave Incentive Pay 1. Employees using 40 or fewer hours of sick leave during the fiscal year may convert 50% of their remaining accrued sick leave up to a maximum of 50% of an employee's annual rate of accrual (i.e. 50% of 96 hours). Sick leave not converted to pay shall be carried over and accumulated for use when needed. For purposes of this section, sick leave used in relation to a death in the immediate family as provided in Article 9, shall not be counted against the forty (40) or fewer hour eligibility limit on sick leave usage. 2. Pay shall be computed based on the following schedule and all computations shall be rounded to the nearest whole hour: Remaining Sick Leave at End of Fiscal Year Pay Incentive (50%) 96 hours 48 hours 88 hours 44 hours 80 hours 40 hours 72 hours 36 hours 64 hours 32 hours 56 hours or less 0 hours (EXAMPLE: Employee has 93 hours remaining yearly sick leave; therefore, 93 hours x .5 = 46.5 hours = 47 hours of pay) 13 NCPOA Agreement January 1, 2019 — December 31, 2021 38 of 207 3. 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. 4. Payment will be made to an employee hired during the fiscal year on a prorated basis provided he/she is on payroll June 30. 5. Employees who separate during the fiscal year will be compensated on a prorated basis subject to their formal separation date. 14 NCPOA Agreement January 1, 2019 — December 31, 2021 39 of 207 ARTICLE 7 - SPECIAL LEAVE WITH PAY Section 1 Intent The intent of this Article is to allow the limited use of sick leave credits by an employee who is confronted with emergency illness, injury or death in said employee's immediate family as defined in Article 35 of this MOU with regard to family care. Consistent with provisions of this MOU, an employee who is eligible for sick leave with pay as defined in Article 8 of this MOU, shall be granted special emergency leave with pay by the Department Head to be charged against the employee's sick leave accumulation. Section 2 Special Leave Defined Special leave is defined as anything that cannot be anticipated or planned necessitating absence from duty of an employee because of emergency, illness or injury of a member of the immediate family requiring the attendance of an employee upon said immediate family member as defined in Article 35 of this MOU until professional or other attendance can be obtained, or the absence from duty of an employee to discharge the customary obligations arising from a death of a member of the employee's immediate family, as defined in Article 35 of this MOU. Section 3 Limitation Special leave with pay granted pursuant to this Article shall be limited to a maximum of 60 hours annually. Special leave with pay must be approved by the Department Head or his designee consistent with the provisions of this Article. 15 NCPOA Agreement January 1, 2019 — December 31, 2021 40 of 207 ARTICLE 8 - THE COMPENSATION PLAN Section 1 Salary Advancement The Compensation Plan has the following characteristics: 1. The salary range for all classifications, except Police Corporal, consists of five (5) steps (A through E). The salary for Police Corporal is a flat amount approximately five percent (5%) higher than "E" step for Police Officer. 2. The increase from one step to the next step on each salary range is as indicated in the salary schedule for Police Department employees. 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. Salary advancement for each employee shall be granted only upon a satisfactory evaluation ("standard" or above) and a recommendation to the City Manager by the department head. The step increase must then be approved by the City Manager or his designee. If an employee is denied his/her salary step advancement due to failure of the department head or other administrators to follow applicable Civil Service or Personnel Rules, he/she may appeal said denial through the established Grievance Procedure. 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 work: 1. The first salary step (Step "A"), is the minimum rate and will normally be the hiring rate. Appointment may be made to other than 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 (Step "B"), twelve (12) months of satisfactory service at Step "A" shall make an employee eligible consistent with Section 1 for consideration for this salary advancement. Employees hired prior to July 1, 1981 require six (6) months of satisfactory service to become eligible for consideration for this salary advancement. 3. The third salary step (Step "C"), twelve (12) months of satisfactory service at the Step "B" shall make an employee eligible consistent with Section 1 for this salary advancement. Employees hired prior to July 1, 1981 require six (6) months of satisfactory service to become eligible for consideration for this salary advancement. 16 NCPOA Agreement January 1, 2019 — December 31, 2021 41 of 207 Section 2 Salary Steps (continued) 4. The fourth salary step (Step "D"), twelve (12) months of satisfactory service at Step "C" shall make an employee eligible consistent with Section 1 for this salary advancement. Employees hired prior to July 1, 1981 require six (6) months of satisfactory service to become eligible for consideration for this salary advancement. 5. The fifth salary step (Step "E"), twelve (12) months of satisfactory service at Step "D" shall make an employee eligible consistent with Section 1 for this salary advancement. 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. Each promotion shall carry with it an annual salary increase during the first year equal to approximately five percent (5%). The provisions of this Article are based upon the salary schedule adopted by the City Council. 17 NCPOA Agreement January 1, 2019 — December 31, 2021 42 of 207 ARTICLE 9 - PAY DIFFERENTIAL Section 1 Those employees classified as Police Officer, Police Corporal or Police Sergeant and assigned Police Service Dog Handler duty on a permanent basis shall receive a specialty pay differential of 4% of base salary per month for the duration of said assignment. Section 2 Those employees classified as Police Officer, Police Corporal or Sergeant and assigned motorcycle duty on a permanent basis shall receive a specialty pay differential of 4% of base salary per month for the duration of said assignment. Section 3 Effective January 1, 2016, those employees who, upon recommendation of the Chief of Police and the approval of the Administrative Services Director, and successful completion of a Bilingual Performance Evaluation administered by the Human Resources Department, who are regularly required to use their bilingual skills in Spanish, Tagalog or any second language approved by the Chief of Police and the Administrative Services Director, shall receive a pay differential as follows: 3% of monthly base salary for Sergeants and Lieutenants and 4% of monthly base salary for Officers and Corporals. Section 4 Those employees classified as Police Officer shall receive a specialty pay differential of 3% of their base salary for each shift in which a police officer is assigned a trainee and is required to write an evaluation of the trainee's performance. Section 5 Those employees permanently assigned to the SWAT Team shall receive a hazardous pay differential of 3% of their base salary, and shall be paid only for the time the employee is assigned to the SWAT Team. Section 6 Corporals assigned by Command Staff to work a full shift or more as an acting sergeant shall receive an additional 5% of base pay for the hours worked as an acting sergeant. This provision shall not preclude a Corporal being eligible for any greater acting pay benefit that may be provided by Department policy or a City-wide rule, in which case the greater benefit shall apply instead of, but not in addition to, the benefit provided under this provision. 18 NCPOA Agreement January 1, 2019 — December 31, 2021 43 of 207 Section 7 Effective January 1, 2016, Officers (except Officers in a training status), Corporals, Sergeants and Lieutenants assigned to work Swing Shift shall receive a shift differential in the amount of 2% of their base salary. Effective January 1, 2016, Officers (except Officers in a training status) Corporals, Sergeants and Lieutenants assigned to work Graveyard shall receive a shift differential in the amount of 4% of their base salary. Effective January 1, 2016, if the majority of the regularly s,cheduled shift for a Lead Dispatcher or Animal Regulation Officer is after 10:00 p.m. and before 6:00 a.m. the next day, the employee shall receive $'10 night differential per pay period. Section 8 Effective the first full pay period following Council approval of a new MOU, the City agrees to pay sworn employees that are residents of National City $200 per month. 19 NCPOA Agreement January 1, 2019 — December 31, 2021 44 of 207 ARTICLE 10 - OVERTIME 1. The smallest unit of time credited as overtime as an extension of shift shall be 6 minutes. The overtime policy issued to clarify how overtime is calculated shall be used by the City to calculate overtime hours. 2. Overtime credit must be for work specifically ordered, requested or approved by the Department Head or a designated representative. All time, (including actual hours worked, sick leave, vacation, etc.) except suspension time shall be considered in the determination and calculation of overtime. 3. Except as provided in Section 5 regarding court time, if an employee is required to return to his/her place of employment after he/she has completed a normal work day, he/she shall receive overtime pay for a minimum of four (4) hours unless such overtime is within three (3) hours of the beginning of the employee's regular work period, in which case the employee shall receive overtime pay for one (1) hour more than the overtime hours worked. Said employee shall have the option of taking compensatory time off in lieu of call back pay. 4. All overtime compensation shall be at time and a half whether it is paid or is credited as compensatory time off. (a) The 14-day FLSA work period shall coincide with the bi-weekly pay period. Though the City is only required to pay FLSA overtime for hours actually worked over eighty-six (86) in a bi- weekly pay period, the City under this MOU agrees to pay overtime for all hours over eighty (80) hours of paid time in a biweekly pay period. 5. Employees on scheduled time off, who are subpoenaed in the line of duty or required by the Department Head or his designee to be present in criminal or juvenile court, or other judicial proceedings shall receive overtime compensation for all time actually spent and required to be at court. Employees shall be guaranteed a minimum of four (4) hours for each separate court appearance unless such overtime is within one (1) hour of the beginning of the employee's regular work period, in which case a one (1) hour minimum will be paid. Said employee shall be reimbursed for the round trip mileage of the shorter of either the mileage between the Police Station and the location to which said employee is subpoenaed, or the actual mileage said employee travels round trip between the employee's home and the location to which said employee is subpoenaed. (a) Overtime shall not be granted to an employee who schedules voluntary leave and then volunteers to work overtime during the scheduled leave. (b) Overtime shall not be granted to an employee who is scheduled to appear in court during his regular shift and requests and is granted leave time. This paragraph shall not apply to an annual scheduled vacation or a person on leave who is unexpectedly ordered to appear in court. (c) Those employees classified as Police Officer, Police Corporal or Police Sergeant and assigned Motorcycle duty on a regular basis shall receive two hours paid at an overtime rate per week (4 hours per pay period) to compensate them for the time outside their regular schedule necessary to clean their assigned motorcycles. 20 NCPOA Agreement January 1, 2019 — December 31, 2021 45 of 207 (d) Those employees classified as Police Officer, Police Corporal or Police Sergeant who are assigned Police Canine duty on a regular basis shall receive three and one-half (3.5) hours paid at an overtime rate per week (7 hours per pay period) to compensate them for the routine care and maintenance of their assigned canine. Care and maintenance includes routine off -duty care and maintenance of the canine (feeding, watering, exercising, grooming, administering any medication), the take home police vehicle and the facilities used to house the canine, including routine daily obedience training for their canine. 3.5 hours represents a good faith estimate of the City and POA of the average time required to perform these duties. Periodic duties, such as taking the canine to the veterinarian, the purchase of dog food or supplies, more extensive cleaning of the police vehicle, repairs to the police vehicle, repairs to the construction of the facilities used to house the canine, and the time spent with the City's Canine Trainer, are not considered to be routine care and maintenance activities, and are not intended to be compensated by this Section. All such periodic duties shall be performed during the Police Canine Handler's assigned shift. Any need for overtime beyond the 3.5 hours per week and/or outside the scope of routine care and maintenance must be specifically ordered, requested, and approved by the Canine Lieutenant or a designated representative. Requests to repair the police vehicle and the facilities used to house the canine shall be made to the Public Works Department during the Canine Officer's shift. 6. Along with other rights reserved to management, the right of management to make changes in prior practices to more effectively and efficiently carryout the requirements of the Federal Fair Labor Standards Act is recognized subject to the following limitations: (a) No changes shall be inconsistent with the other provisions of this article except as required by law; and (b) The Association shall be notified in writing of such changes and such notification shall be prior to implementation unless this is not feasible due to unforeseen circumstances or legal requirements; and (c) The Association reserves the right to meet and confer on these changes by submittal of a written request within 30 days prior to or after their implementation. 7. The parties understand that unexpected problems may arise in the administration of overtime and leave. At the request of either party to this agreement, a committee composed of representative of the National City Police Officers' Association and the City will meet and discuss overtime and leave issues with the intent to reduce unnecessary overtime and maximize the opportunity to reduce furlough and comp time balances. 21 NCPOA Agreement January 1, 2019 — December 31, 2021 46 of 207 8. Change of Schedule With the understanding that the needs of the department will sometimes require short notice, every effort will be made to notify employees regarding transfers or shift adjustments as far in advance of such changes as is possible. Employees (other than probationary employees) who are subject to transfer or shift adjustment shall be notified no less than 7 calendar days prior to that movement or adjustment. Probationary employees who are subject to transfer or shift adjustment shall be notified no less than forty-eight (48) hours prior to that movement or adjustment. If such notice cannot be made or is not made, and the employee chooses to not waive calendar days notification guideline, the first shift worked on the new schedule shall be compensated at time and a half. Employees who usually work a 4/10 schedule may be assigned to a 5/8 schedule for training scheduled for a full week or longer. For training of 8 hours or more up to 10 hours, employees shall be credited with ten hours worked even if the length of the training day was scheduled for or lasted fewer than 10 hours. For training of less than a week but more than a day, employees shall be credited for the actual number of hours that the training lasted and may either a) use vacation or comp time for the differences between the length of the training and 10 hours or b) work that amount of time on either the same day or on another day during the same pay period. 9. Department Credit Card The City shall make a credit card available for department use in paying for reimbursable travel and training costs. Use of the department credit card, including the details of the expenditure and the amount to be charged to that card, must be approved by the Chief of Police or his/her designee, prior to using the credit card. 22 NCPOA Agreement January 1, 2019 — December 31, 2021 47 of 207 ARTICLE 11- COMPENSATORY TIME Section 1 An employee is entitled to receive 1.5 hours of compensatory time off in lieu of pay for each hour of overtime worked. The maximum compensatory time an employee may bank shall be one hundred -thirty (130) hours. Section 2 When an employee's employment terminates for any reason, all comp time shall be paid to said employee at the employee's current regular rate (base pay plus applicable incentive and specialty pays computed to an hourly rate) as specified under the Fair Labor Standards Act. Section 3 An employee may use his comp time to extend his regular vacation period with the approval of the Department Head. Section 4 Along with other rights reserved to management, the right of management to make changes in prior practices to more effectively and efficiently carryout the requirements of the Federal Fair Labor Standards Act is recognized subject to the following limitations: (a) No changes shall be inconsistent with the other provisions of this article except as required by law; and (b) The Association shall be notified in writing of such changes and such notification shall be prior to implementation unless this is not feasible due to unforeseen circumstances or legal requirements; and (c) The Association reserves the right to meet and confer on these changes by submittal of a written request within 30 days prior to or after their implementation. Section 5 Employees may cash comp time during employment, as follows: (a) Employees will have the opportunity to cash out a total of 120 hours of earned but unused comp time between the following dates: July 1 through March 31, of any fiscal year. 23 NCPOA Agreement January 1, 2019 — December 31, 2021 48 of 207 Section 5 (continued) (b) An employee can only cash out comp time twice a year, during the above listed time period. Employees must request a cash out of comp time in a memorandum addressed to the Chief of Police. (c) The minimum number of hours that an employee can cash out, per request, is 20 hours. The maximum, per request, is 80 hours. (d) The Operations Assistant will be tasked with tracking employees' requests to assure employees do not exceed two requests per the listed fiscal year. 24 NCPOA Agreement January 1, 2019 — December 31, 2021 49 of 207 ARTICLE 12 - EDUCATION/POST CERTIFICATE INCENTIVE PAY Safety employees covered by this Memorandum of Understanding are eligible for educational incentive pay upon meeting the requirements indicated below. LEVEL I $30.00 per month compensation * LEVEL II 2% of base monthly salary LEVEL III 76% of base monthly salary ** AS or AA in related field Intermediate POST Certificate Advanced POST Certificate * Level I benefits are only available to employees already receiving such benefits as of July 1, 2002. ** Effective the first full pay period in October 2021, increase Advanced POST to 8%. an••^r•°', 2017, 7% General Requirements 1. Completion of the initial Probationary Period with the National City Police Department. 2. Performance Report of at least "Satisfactory" on last two (2) reports. 3. Recommendation from the Chief of Police and the approval of the City Manager or designee. Tuition Reimbursement The Educational Expenses Reimbursement Plan is available to employees who wish to improve their work performance through furthering their education. The plan provides reimbursement for up to $3,5002,500 per fiscal year and is open to all employees who meet the following criteria: 1. Successful completion of probation. 2. A proposed course of instruction is related to the employee's employment with the City, or the course is required for a degree in a closely related field. The Chief of Police or his designee has the final authority on determining whether a course or degree is job related. Request must be submitted in writing on appropriate department form according to established procedures. 3. The reimbursement may be used to cover the costs of tuition, registration and books at a local community or state college or university. 4. The course must be passed with a grade of "C" or better. If taken on a pass/fail basis, employee must pass course(s) taken. 5. The employee must show written documentation of the expenditures being claimed for reimbursement. 6. The Police Chief will be given an annual budget of $30,000 for purposes of tuition reimbursement pursuant to this Article. Once this budget is fully expended in any one year, no further tuition reimbursement is available for that year. If the Department is about to exhaust its entire $30,000 fiscal year budget, the Department will reimburse employees within that fiscal year in the same order in which the employees received Department approval for course reimbursement. 25 NCPOA Agreement January 1, 2019 — December 31, 2021 50 of 207 ARTICLE 13 - LONGEVITY PAY For employees hired on or before June 30, 2011, the City shall provide longevity pay as follows: (a) After 15 years of continuous and uninterrupted service, in a classification represented by the Association, the sum of $40.00 per month; (b) After 20 years of continuous and uninterrupted service, in a classification represented by the Association, the sum of $45.00 per month; (c) After 25 years of continuous and uninterrupted service, in a classification represented by the Association, the sum of $50.00 per month, which shall be the maximum payable. Vacations, sick leave, military leave and absence authorized by the City Council of National City shall not be considered as interruption of service. In the event an employee ceases to be employed by National City for a reason other than military service or lay-off, all rights to longevity pay shall be forfeited and expire, and if said officer or employee is subsequently re-employed by the City, said employee shall not be entitled to any longevity pay by reason of prior employment. Employees currently being paid Longevity Pay for service of five (5) and ten (10) years will continue to be paid at the $10/month and $15/month respectively. 26 NCPOA Agreement January 1, 2019 — December 31, 2021 51 of 207 ARTICLE 14 — CAFETERIA PLAN FOR HEALTH, DENTAL AND INSURANCE PLANS Section 1 Health Coverage As a benefit to full-time employees covered by this Memorandum of Understanding, the City will provide a group health and dental insurance program. The benefits and limitations of the program are to be designed cooperatively by the Association, the insurance carrier and the City. The Association and the City agree to select and implement health insurance programs that meet the requirements of applicable law. The City will provide a cafeteria benefit to all employees for use of paying insurance premiums for health, dental and other insurance plans. As of December 31, 2018 2015, the City contributes as follows: Employee only $191.89 per month Employee +1 $805.19 per month Employee +family $> > 2ti 90 per 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 CITY'S CONTRIBUTION FOR ALL PLANS OTHER THAN KAISER HIGH DEDUCTIBLE HEALTH PLAN (Kaiser HDHP): Employee Only $527.41/month Employee +1 $876.54/month Employee +2 or more $1,227.43/month Effective the first full pay period following City Council adoption of this 2019-2021 MOU, the City will contribute the same amount regardless of what health plan an employee chooses equal to the amounts contributed to the non -high deductible plans. Also, effective the first full pay period following City Council adoption of this 2019-2021 MOU, the City will contribute $50 per month more than the City would be otherwise obligated to contribute under the cost sharing methodology described in the next paragraph. Effective February 1, 2016, and in Eeach following health plan year (currently February through the following January), the City's new contribution obligation for employee only, employee +1,. and employee +2 or morefay shall be the City's monthly contribution amounts from the prior health plan year plus 50% of any increase in the lowest cost health plan and dental plans. Beginning in January 2017, the City and Association agree to meet to discuss health insurance coverage, benefits and cost issues, including but not limited to potential impacts and compliance issues related to the Affordable Care Act. While both sidcs agree to participate in these discussions in good faith, this shall not be Section 2 Money in Lieu 27 NCPOA Agreement January 1, 2019 — December 31, 2021 52 of 207 An employee may elect to receive an amount equivalent to the City's contribution minus the cost of health coverage for the employee alone, as cash in lieu. Section 3 Retiree Health Benefit Employees covered by this MOU must retire from the City of National City and have at least 20 full years of pensionable service credit with National City Police Department to receive $20/month for each year of service with National City Police Department as the City's contribution towards the retiree's medical insurance premium. This contribution shall continue until reaching age 65. 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 understand that the retiree is solely responsible for any taxes that might be due as a result of the City's contributions. 28 NCPOA Agreement January 1, 2019 — December 31, 2021 53 of 207 ARTICLE 15 — EMPLOYEE LIFE INSURANCE As a benefit to full-time employees covered by this Memorandum of Understanding, the City will provide a group life insurance program. The benefits and limitations of the program are to be designed cooperatively by the Association, insurance carrier and the City. The City will provide $50,000 Basic Life Accident Insurance coverage for each employee. Death in the Line of Duty If an Association represented employee is killed due to an accident or injury occurring in the line of duty, the City shall make a $5,000 payment to the designated spouse or domestic partner or other designated beneficiary. 29 NCPOA Agreement January 1, 2019 — December 31, 2021 54 of 207 ARTICLE 16 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM Section 1 Consistent with the Government Code of the State of California, employees are local safety or miscellaneous members of the Public Employees' Retirement System and are entitled to all benefits previously adopted amendments by the Board of Administration of PERS and the City Council. Section 2 Plan Definitions The following benefits and definitions apply to the retirement plan benefits: (a) "Classic Employee" Definition: Classic employees are defined as current employees and future employees who do not qualify as a "new member" under the California Public Employees' Pension Reform Act of 2013 (PEPRA). (b) "New Member" Definition: New members are defined in the Public Employees' Pension Reform Act of 2013 (PEPRA), Government Code Section 7522.040). (c) Ca1PERS Retirement Formula for Public Safety New Members (Police Officer, Police Corporal, Police Sergeant and Police Lieutenant) as Defined Under the Public Employees' Pension Reform Act of 2013 (PEPRA): Public safety "new members" as defined by PEPRA who are hired by the City on or after January 1, 2013 shall be entitled to the 2.7% at age 57 retirement formula with highest three (3) year average final compensation as set forth in PEPRA. 2013 (PEPRA): Public Safety "new members" as defined by PEPRA who are hired by the City on or after January 1, 2013 shall be entitled to the 2.0% at age 62 retirement formula with highest three (3) year average final compensation as set forth in PEPRA. (de) Ca1PERS Retirement Formula for Public Safety Classic Employees (Police Officer, Police Corporal, Police Sergeant and Police Lieutenant) Hired on or After March 18, 2010 (current employees and employees who do not qualify as "New Members" under PEPRA): Current public safety employees or former City of National City employees who were members of Ca1PERS while employed with the City and had membership with Ca1PERS prior to January 1, 2013 and who are rehired on or after March 18, 2010 and other employees hired after January 1, 2013 who do not qualify as "new members" under PEPRA shall be entitled to or continue to be entitled to the 3% at age 55 retirement formula with single highest 12-month period for final compensation. (ef) Ca1PERS Retirement Formula for Public Safety Classic Employees Hired Before March 18, 2010: Public safety employees hired before March 18, 2010 shall continue to be entitled to the 3% at age 50 retirement formula with single highest 12-month period for final compensation. March 18, 2010 shall continue to be entitled to the 3% at age 60 retirement formula, with single highest 12 month period for final compensation. 30 NCPOA Agreement January 1, 2019 — December 31, 2021 55 of 207 Animal Regulation Officer) Tier II: Current or former classic miscellaneous employees hircd on or after March 18, 2010, or hired after January 1, 2013 but still qualifying as a classic employee, shall continue to be entitled to the 2% at age 60 retirement formula, with single highest 12 month period for final compensation. Each of the above -listed plans shall include the following optional benefits: (h) Third Level of 1959 Survivor Benefit (Section 21573) (i) G) Credit for Unused Sick Leave (Section 20965) The City will report Employer Paid Member Contributions (EPMC), effective the last pay period in June, 2009, as compensation earnable to PERS under applicable California Government Code and California Code of Regulations provisions. Section 3 Employee Contributions to Pension (a) Effective the first full pay period in January 2019, Classic Employees shall continue to pay 1.0% toward the employer Ca1PERS rate in addition to the full employee Ca1PERS contribution percentages of 9.0% for a total contribution of 10.0%. Effective the first full pay period in January 2020, Classic Employees shall pay an additional 1.0% toward the employer Ca1PERS rate for a total contribution of 11.0%. toward their pensions (9% for public safety and 8% for miscellaneous). (b) New Members hired on or after January 1, 2013 shall pay 50% of the normal share of cost required by PEPRA for the applicable pension formula and benefit. 31 NCPOA Agreement January 1, 2019 — December 31, 2021 56 of 207 ARTICLE 17 - MANAGEMENT RIGHTS Except --and only to the extent --that specific provisions of this Agreement expressly provide otherwise, 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 of the City shall include, but not be limited to the right: to determine the mission of its constituent departments, commission, 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; 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 just 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. In exercising these rights the City shall comply with all applicable provisions of this MOU. 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. 32 NCPOA Agreement January 1, 2019 — December 31, 2021 57 of 207 ARTICLE 18 - LONG TERM DISABILITY INSURANCE The City will provide up to $30 per month, per employee to provide a Long Term Disability Insurance Plan as selected by the POA. In the event the cost of providing Long Term Disability Insurance exceeds the established City contribution, the employee must pay the excess amount, and if the cost is less than $30/month, the City shall provide the cost of insurance only, and the employee will not receive the excess as cash -in -lieu. It is the employee's responsibility to notify the Police Department and Human Resources Department when benefits under the plan are awarded. 33 NCPOA Agreement January 1, 2019 — December 31, 2021 58 of 207 ARTICLE 19 - UNIFORM ALLOWANCE Section 1 Effective the first full pay period following Council approval of a successor MOU, the City shall provide an additional $150 in uniform allowance to full time employees in the classifications of Police Lieutenant, Police Officer, Police Recruit, Police Sergeant, Corporal, and Animal Control Officer to be applied toward the purchase and maintenance of prescribed uniforms so that the total amount of the uniform allowance for the 2015 16 fiscal year will be $900 rather than $750. In August of 2016 and each year thereafter, Tthe City shall provide $900 per year to full-time employees in the classifications of Police Lieutenant, Police Officer, Police Recruit, Police Sergeant, and Corporal; and Animal Control Officer to be applied towards the purchase and maintenance of prescribed uniforms. Section 2 In addition to the above the City shall provide each new employee appointed to a position listed above $450 toward the initial purchase of prescribed uniforms. Section 3 The City shall provide each sworn employee a flat badge. 34 NCPOA Agreement January 1, 2019 — December 31, 2021 59 of 207 ARTICLE 20 - SALARIES Section 1 Salary Schedules The City shall provide on a timely basis each year a copy of the official salary schedule developed by the Finance Department. S¢^•:^�.....r'--RCfFIH[:RHF/-R2fCNfIBav +P29d The City will pay a one time $2,000 retention stipend to sworn personnel employed in a sworn position on period in December 2018, in the paycheck for the first full pay period in December 2018. Employees hired after Council approval of this MOU but prior to December 1, 2017, and still employed in a sworn position the entire first full pay period in December 2018 shall receive a one time $1,000 recruitment/retention stipend in the paycheck for the first full pay period in December 2018. An employee receiving stipend into the employee's Section 1157 deferred compensation account. The recruitment and recruitment/retention incentives described in this paragraph shall not be reported as PERSab1c compensation to PERS. Section 23 Salary AdjustmentsInereases A. Police Officer, Sergeant, Lieutenant Effective the first full pay period in January 20196, and then again in the first full pay period of April 2020, and October 2021, January 2017, January 2018 and July 2018, the City will adjust the salary range for Police Officer all sworn personnel other than Police Corporal by the percent necessary (if any) to move the salary of a top step National City Police Officer to the mid -point of the salary of a top step police officer or deputy sheriff (excluding longevity) in the 2nd and 3`d ranked comparison agencies (including National City among the comparison agencies) in effect, and already approved by the applicable City Council or Board, at the comparison agencies as of the beginning of the City's first full pay period in January 2019 (and the first full pay period in April 2020 and October 2021 for the 2020 and 2021 July 2018 for the July 2018 adjustment ). If a National City Police Officer is ranked third, employees shall receive the percent necessary to move the top step salary of a National City Police Officer to the mid -point between that salary and the top step salary (excluding longevity) of the second ranked agency. If a National City Police Officer already is ranked 2nd or higher, employees shall not receive a salary decrease under this paragraph. Section 3 Salary Increases (continued) For purposes of this subsection, adjustments will be made upon current salaries, comparing top step to top step excluding longevity, in place at the time of the pay period adjustment among the comparison agencies. Subsequent retroactive adjustments are not to be considered nor are salary increases not yet ratified or approved. The agreed upon comparison agencies are (1) Oceanside (using its "Step G" for police officer pay; (2) Escondido (using itstheir "Step 6" police officer pay); (3) Chula Vista; (4) Carlsbad; (5) City of San Diego; (6) National City; (7) El Cajon; (8) Coronado; (9) San Diego County Sheriff's Department; and (10) La Mesa. 35 NCPOA Agreement January 1, 2019 — December 31, 2021 60 of 207 The same methodology as set forth in the prior two paragraphs shall be used for separately surveying and adjusting the pay of a National City Sergeant and National City Lieutenant (i.e. survey and survey adjustments as of the City's first full pay period in January 2019, April 2020, and October 2021). If a survey agency in the future no longer has a Lieutenant classification, the parties will promptly meet and confer regarding that agency's elimination of the Lieutenant classification (i.e. whether or not to include the agency, use the second line supervisor, other) with each side retaining all the rights of meet and confer including but not limited to the Association reserving the right to move an impasse on the issue to fact-finding. B. Police Corporals The salary for Police Corporals shall be a flat amount approximately five percent (5%) higher than "E" step for Police Officer. Effective the first f ll payperio i iuly 2016, Aafter 2 years of continuous service as a Police Corporal, the salary shall increase to a flat amount approximately six -and -a -half percent (6.5%) higher than "E" step for Police Officer. Effective the first full pay period in July 2018, Aafter 5 years of continuous service as a Police Corporal, a Police Corporal shall be paid a salary approximately nine percent (9.0%) higher than "E" step for Police Officer. C.rn ;mal Control Officer / Senior Police Dispatcher The City will pay a one time $750 stipend to the Animal Control Officer and Senior Police Dispatcher if In addition, prior to March 31, 2016, the City shall prepare a total compensation survey for the job familiea that include Animal Control Officer and Senior Police Dispatcher and provide a copy to the POA. The Officer and Senior Police Dispatcher. 36 NCPOA Agreement January 1, 2019 — December 31, 2021 61 of 207 ARTICLE 21- ASSOCIATION RIGHTS Section 1 The City recognizes the right of the Association to govern its internal affairs. Section 2 Upon the receipt of a written request and authorization from an employee for deduction of Association dues and other related lawful deductions, the City shall withhold such dues and deductions from the salary of the employee and remit the withholdings to the Association in a timely manner. The City shall continue to withhold such deductions unless the employee files a written statement with the City withdrawing authorization for the continued withholding of the deductions. Section 3 The Association shall have sole and exclusive use of specific bulletin board space, clearly marked and identified as such, of roughly four feet by eight feet in dimension, located in the hallway area of the Police Department. The Police Chief shall designate the authorized bulletin board space and said space shall be the only space which is authorized for the posting of Association business. Material placed on the bulletin board shall be at the discretion of the Association with the understanding that materials so posted shall only be for legitimate communications with members. Said postings shall not be offensive to good taste, defamatory or involve support or opposition to candidates for political office within the City government. The Police Chief or his designee shall have the right to remove any such materials upon prior notice to the Association representative. The Association shall be responsible for maintaining the space provided in an orderly condition and shall promptly remove outdated materials. Section 4 The employee shall be allowed to designate a representative to assist said employee in: 1. Preparing and presenting grievances; 2. Preparing and processing material for Disciplinary Hearing; 3. Preparing and presenting material for any legitimate Employer -Employee relations matter for which representation is granted pursuant to existing law. Section 5 Subject to the needs of the department and the approval of the Chief of Police, designated employee representatives shall be allowed reasonable release time from regularly scheduled duties to present grievances and material for Disciplinary Hearing on behalf of the affected employee if said employee requests said assistance and to meet with City management representatives relative to matters of Employer - Employee Relations. 37 NCPOA Agreement January 1, 2019 — December 31, 2021 62 of 207 ARTICLE 22 - EMPLOYEE RIGHTS Each individual employee shall have the following rights which he/she may exercise in accordance with the National City Employer -Employee Relations Resolution and all applicable laws, ordinances, and rules and regulations and this MOU: 1. 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. 2. The right to pay dues to such employees organization through regular payroll deduction. 3. The right to be free from interference, intimidation, restraint, coercion, discrimination or reprisal on the part of his/her department head for his membership or non -membership in any employee organization or with respect to any lawful activity associated therewith which is within the scope of representation. 4. The right to represent himself/herself individually in his/her employee relations with the City. 5. The right to review his/her personnel file by so requesting in writing to the appropriate City official. 6. The City shall maintain only one official employee personnel file and that file shall be in the custody of the City Personnel Officer. That personnel file shall be the only official source or repository of documents pertaining to the employee's performance, past and present, leave requests, disciplinary records and commendations. The employee's personnel file will not contain information relating to the employee's background investigation, Civil Service Examination results pertaining to initial hiring or promotional examinations, legal correspondence, workers' compensation records, aside from injury claims or any ongoing or incomplete internal investigations or citizens complaints. These documents shall be maintained in separate files by the Chief of Police or the Personnel Officer. A duplicate official personnel file may be maintained by the Chief of Police for the convenience of the employee and as an administrative aide. The employee's immediate supervisor may maintain files with information that is kept for a maximum of 12 months during ongoing investigation or in preparation for an employee performance appraisal report. However, at such time as the investigation is complete or the performance appraisal has been completed, such material shall then either be placed in the employee's official personnel file or destroyed. In no event shall such material be maintained in any location other than the official file referred to above nor shall materials be placed in the employee's official personnel file without his/her knowledge. 7. Whenever an employee desires to represent himself/herself in consulting with City management during his/her regular hours of work, he/she shall first request from his/her department head permission to take time off to do so. Said request shall be granted unless the needs of the City or Department are such that the employee's services cannot be spared during the particular time requested. In such case the employee shall be permitted to re -schedule his/her appointment with City management. 8. Discipline shall remain in the affected employee's personnel file for five (5) years with the exception of a "Written Notice of Deficiency," which shall remain in the personnel file for two years from the date of issuance. At the end of said period of time, the disciplinary action shall be removed from the employee's file provided that no ensuing similar discipline has been imposed. Consistent with the above provisions, all materials of this nature more than five (5) years old shall be removed from employees' personnel files. 38 NCPOA Agreement January 1, 2019 — December 31, 2021 63 of 207 ARTICLE 23 — WORK WEEK/DAY Section 1 All employees of the National City Police Department covered by this agreement who work four (4) ten (10) hour days per work week, including two (2) 15 minute rest periods, one-half ('h) hour lunch break and "roll call" shall be scheduled for three (3) consecutive days off per work week. Section 2 All employees of the National City Police Department covered by this agreement who work five (5) eight (8) hour days shall have two (2) consecutive days off per week. Said shift shall include two (2) 15 minute rest periods and "roll call" and one-half ('/2) hour off duty unpaid lunch break. Section 3 If the rest periods are not utilized the time cannot be accumulated nor will additional compensation be provided. Section 4 The City agrees to provide an Alternative 4/10 Work Schedule to Police Detectives. Assignment of this schedule will be completed by the Investigations Unit Lieutenant and approved by the Chief of Police, with the requirement that the Investigations Unit have staff available at all times during the Monday through Friday workweek. Section 5 Employees shall be allowed fifteen (15) minutes at the start of their shift to put on (donning) their safety gear and fifteen (15) minutes at the end of their shift to take off (doffing) their safety gear. Briefing will begin fifteen (15) minutes after the start of a shift and end fifteen (15) minutes before the end of a shift to allow for the donning and doffing of safety gear. 39 NCPOA Agreement January 1, 2019 — December 31, 2021 64 of 207 ARTICLE 24 - TRAINING All sworn Police Department employees should have equal opportunities to attend P.O.S.T. training consistent with the needs of the department. The City will pay for the actual travel time required for training outside San Diego County. Employees are expected to work with the department to flex their schedules to avoid overtime. 40 NCPOA Agreement January 1, 2019 — December 31, 2021 65 of 207 ARTICLE 25 - EMPLOYEE GRIEVANCE PROCEDURE Section 1 Purpose The purpose and objectives of this Grievance Procedure of the City of National City are: A. To promote improved employer -employee relations by establishing grievance procedures on matters within the scope of a Memorandum of Understanding between the City and a recognized employee association for which appeal or hearing is not provided by other regulations. B. To assure fair and equitable treatment of all employees and promote harmonious relations among employees, supervisors and management. C. To encourage the settlement of disagreements informally at the employee -supervisor level and provide an orderly procedure to handle grievances throughout the several supervisory levels where necessary. D. To provide that appeals shall be conducted as informally as possible. E. To resolve grievances as quickly as possible and correct, if possible, the cause of grievances, thereby reducing the number of grievances and future similar complaints. This grievance procedure is applicable to all employees in positions within a bargaining unit represented by an employee association. This procedure does not supersede the grievance or other appeal procedures in the Civil Service Rules of the City. Section 2 Identification of Participants For the purpose of this grievance procedure, the following definitions shall apply: A. Association: The employee organization recognized by the City to represent employees in the grievant's bargaining unit. B. City: The City of National City. C. City Manager: The City Manager or his designee. D. Department: A major organizational unit of the City. E. Department Head or Head of a Department: The chief executive officer of a department. F. Employee or City Employee: A member of a bargaining unit either at the time of initiation of the grievance of within seven (7) calendar days prior to initiation of the grievance. G. Employee Representative: An individual who appears on behalf of the employee. 41 NCPOA Agreement January 1, 2019 — December 31, 2021 66 of 207 Section 2 Identification of Participants (continued) H. Grievance: A complaint of an employee, or a group of employees or the Association on behalf of its membership as a whole, arising out of the application or interpretation of existing provisions of an MOU. I. Immediate Supervisor: The individual who normally assigns, reviews or directs the work of an employee. J. Management: (1) Any employee having significant responsibilities for formulating and administering City policies and programs, including but not limited to the chief executive officer and department heads; (2) Any employee having authority to exercise independent judgment to hire, transfer, suspend, lay-off, recall, promote, discharge, assign, reward or discipline other employees, or having the responsibility to direct them or to adjust their grievances, or effectively to recommend such action if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. K. Memorandum of Understanding (MOU): A written agreement between an employee organization and the City which is a result of the meet and confer process. L. Personnel Officer: The Personnel Officer or his designee. M. Second Level Supervisor: The individual to whom an immediate supervisor normally reports. Section 3 Scope of Grievance Procedure A. To be reviewable under this procedure, a grievance must: 1. Concern matters or incidents that have occurred. 2. Results from an act or omission by management which is alleged to be a violation of a specific provision of a current Memorandum of Understanding. 3. Arise out of a specific situation, act or acts complained of as being unfair which result in specified inequity or damage to the employee(s). B. A grievance is not reviewable under this procedure if either it is a matter which would require the modification of the MOU or a policy established by the City Council or by law. Also, a grievance is not reviewable under this procedure if it is reviewable under some other administrative or Civil Service procedure such as: 1. Applications for changes in title, job classification or salary; 2. Appeals from formal disciplinary proceedings; 3. Appeals arising out of Civil Service examinations; 4. Appeals from work performance evaluations. Section 3 Scope of Grievance Procedure (continued) 42 NCPOA Agreement January 1, 2019 — December 31, 2021 67 of 207 C. A complaint may not be considered under this procedure if a grievance has been filed on the same matter under the Civil Service Grievance Procedure (Rule IX). Section 4 Special Provisions of the Grievance Procedure A. Procedure for Presentation: In presenting a grievance the employee shall follow the sequence and the procedure outlined in Section 5 of this Procedure. B. Prompt Presentation: The employee shall discuss the grievance with the immediate supervisor promptly after the act or omission of management causing the grievance. C. Submittal of Grievance: The written grievance shall be submitted on a form prescribed by the Personnel Officer for this purpose. At each level, the form must be completed fully, signed by the grievant and hand delivered or sent by U.S. mail to the designated reviewer's office. D. Statement of Grievance: The grievance must contain a statement of: 1. The specific situation, act or acts complained of as being unfair; 2. The specific provision(s) of the MOU which has been violated; 3. The inequity or damage suffered by the employee; 4. The relief sought; 5. The representative of the grievant (if applicable). E. Employee Representative: The employee may choose someone to provide representation at any step in the procedure. No person hearing a grievance need recognize more than one representative for any employee at any one time. F. Handled During Working Hours: Whenever possible, grievance hearings and meetings with reviewers will be conducted during the regularly scheduled working hours of the parties involved. G. Extension of Time: The time limit 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. A statement of the duration of such extension of time must be signed by both parties involved at the step to be extended. H. 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 grievances may be handled by management as a single grievance. Section 4 Special Provisions of the Grievance Procedure (continued) 43 NCPOA Agreement January 1, 2019 — December 31, 2021 68 of 207 I. Settlement: A grievance shall be considered settled and not subject to further consideration or re - filing if any of the following conditions exist: 1. The grievant indicates in writing that the grievance is withdrawn. 2. The specific remedy requested on the grievance form is granted. 3. The grievant does not submit the grievance to the next higher level of review with the normal time limits or extended time limits obtained in writing by mutual agreement. J. Resection: A grievance may be rejected for consideration at any time during the grievance review process for any of the following reasons: 1. The grievant does not meet the definition of "employee" indicated in Section 2. K. Representation: The grievant may elect to be represented by the Association or any other person or to represent himself/herself. If the grievant elects to not be represented by the Association, the Association shall be given a copy of the grievance and its resolution. L. Deletion of Step(s): By mutual written consent of the department head and the grievant, any one or more of the first three (3) steps of the procedure may be omitted in consideration of a specific grievance when it is felt that this is in the best interests of an equitable and expeditious resolution of the grievance. M. Reprisals: The grievance procedure is considered an integral part of the employee -employer relations policy of the City. As such, it is intended to assure a grievant and his/her representative the right to present the grievance without fear of disciplinary action or reprisal of any kind by his/her supervisor or other agents of the City provided he/she observes the provisions of the grievance procedure. Section 5 Grievance Procedure Steps The following procedure shall be followed by an employee submitting a grievance: Step I Immediate Supervisor: The employee shall discuss the grievance with the immediate supervisor within 20 calendar days of the alleged act or omission of management causing the grievance. Within seven (7) calendar days the supervisor shall give a decision to the employee verbally. Step II Second -Level Supervisor: If the employee and supervisor cannot reach an agreement as to a solution of the grievance or the employee has not received a decision within the time limit above, the employee may within seven (7) calendar days present the grievance in writing to his/her supervisor who shall endorse his/her comments thereon and present it to his/her second level supervisor within seven (7) calendar days. The second -level supervisor shall hear the grievance and give a written decision to the employee within fourteen (14) calendar days after receiving the grievance. Section 5 Grievance Procedure Steps (continued) 44 NCPOA Agreement January 1, 2019 — December 31, 2021 69 of 207 Step III Department Head: If the employee and second level supervisor cannot reach an agreement as to a solution of the grievance or the employee has not received a written decision within the time limit, the employee may within seven (7) calendar days present the grievance in writing to the department head. The department head shall hear the grievance and give a written decision to the employee within fourteen (14) calendar days. Step IV Non -Binding Arbitration: (a) Grievance to Personnel Officer: If the grievant and the department head cannot reach an agreement as to a solution of the grievance or the employee has not receive a written decision within the time limit, the grievant may within fourteen (14) calendar days present the grievance in writing to the Personnel Officer. (b) Selection of Arbitrator: Within seven (7) calendar days of receiving the grievance at this level, the Human Resources Director shall request a list of five (5) arbitrators from California State Mediation and Conciliation Services with experience in public sector employment. The grievant and City shall alternatively strike names from the list until one name remains, which person shall serve as the arbitrator. The parties shall flip a coin to determine who shall strike first, with the "winner" of the coin toss striking second and the "loser" of the coin toss striking first. The parties shall share equally the cost of the arbitrator. If the arbitrator requires a transcript, a court reporter shall be utilized, the cost of which shall be shared by the parties. Alternatively, the parties may mutually agree to utilize a court reporter, in which case the cost shall also be shared equally. In the absence of a court reporter, and with the agreement of the arbitrator, the hearing may be tape recorded. (c) Arbitration Hearing: The arbitration hearing shall be private, unless the grievant requests that the hearing be public. Each side shall have the opportunity to present witnesses and evidence. The arbitrator shall rule on the admissibility of evidence, and strict legal rules of evidence shall not apply. (d) Arbitration Decision: The arbitrator shall submit a written decision to the City Manager with a copy to the grievant that shall make findings of fact and make a recommendation on what remedy or remedies, if any, the arbitrator concludes appropriate. Any remedy in favor of the grievant requires a finding that the grievant satisfied the requirements of the grievance procedure, and be supported by a preponderance of the evidence and be consistent with the applicable MOU. (e) City Manager's Response: The City Manager shall provide written response to both parties on the resolution of the grievance. If the City Manager disagrees with any recommendation of the arbitrator, his written response shall indicate strong and compelling reason(s) for that disagreement. Basis for disagreement may be any one or more of the following: 1. The arbitrator substantially deviated from the hearing procedures. 2. The recommendation is in excess of the remedy sought on the initial grievance submittal. 3. The recommendation is inconsistent with the MOU. Section 5 Grievance Procedure Steps (continued) 45 NCPOA Agreement January 1, 2019 — December 31, 2021 70 of 207 4. The recommendation is inconsistent with the facts as stated in the grievance form and/or the written information provided by the arbitrator. The decision of the City Manager shall be final and not subject to further appeal except for such appeals to the Courts and State or Federal compliance agencies as provided by law. Section 6 Interpretation and Application The Personnel Officer is responsible for the interpretation and application of this grievance procedure. In the event of disagreement with the Personnel Officer's actions or interpretations, the final authority will be the City Manager. The City Manager's determinations on the application and interpretation of the grievance procedure are final and not subject to further appeal or grievance. 46 NCPOA Agreement January 1, 2019 — December 31, 2021 71 of 207 ARTICLE 26 — CONTINUATION OF WAGES, HOURS AND WORKING CONDITIONS The provisions of this Memorandum of Understanding shall not be revised to adversely affect the employees covered by this Memorandum of Understanding during the term of this Memorandum of Understanding. Any written policies and procedures or past practices regarding wages hours and working conditions subject to meeting and conferring which are currently in existence and not changed by this MOU, shall not be revised to adversely affect the employees covered by this MOU during the term of the MOU without prior meeting and conferring in good faith with the Association. 47 NCPOA Agreement January 1, 2019 — December 31, 2021 72 of 207 ARTICLE 27 - AGREEMENT, MODIFICATION, WAIVER A. No agreement, alteration, understanding, variation, waiver or 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. B. 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. 48 NCPOA Agreement January 1, 2019 — December 31, 2021 73 of 207 ARTICLE 28 - OBLIGATION TO SUPPORT The parties agree that subsequent to the execution of this Memorandum and during the period of time said Memorandum is pending before the City Council for action, neither the employee organization 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 Memorandum. 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 Memorandum in its entirety. 49 NCPOA Agreement January 1, 2019 — December 31, 2021 74 of 207 ARTICLE 29 - PROVISIONS OF LAW This MOU is subject to all future and current applicable federal, or state and local laws and regulations. If any part or provision 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 or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of the MOU shall not be affected, and the Employees' Association and/or the City shall have the right to meet and confer within 30 days concerning said section. This MOU shall supersede all City rules or ordinances which are in conflict with this MOU. 50 NCPOA Agreement January 1, 2019 — December 31, 2021 75 of 207 ARTICLE 30 - TERM OF PROVISIONS This is the entire integrated agreement and it shall be effective January 1, 20196 through December 31, 2021, superseding all conflicting provisions of the previous MOU and past practices. 51 NCPOA Agreement January 1, 2019 — December 31, 2021 76 of 207 ARTICLE 31 - EMPLOYEE ASSISTANCE PROGRAM The City shall provide an Employee Assistance Program (EAP) available to all employees in the bargaining unit. A program description shall be developed by the City with the input of the Association and a request for proposals will be circulated. Final selection of the contractor to provide this service shall be made by the City with the input of the Association. 52 NCPOA Agreement January 1, 2019 — December 31, 2021 77 of 207 ARTICLE 32 - USE OF CITY VEHICLES Section 1 Under normal circumstances, employees, other than probationary employees, with the following assignments shall be allowed to drive an assigned City vehicle between their residence and their work station: (A) Motorcycle Officers (B) Officers assigned to the canine program (C) The Detective Lieutenant (D) The Detective Sergeant assigned to Crimes Against Person (E) The Detective whose primary assignment is to Homicide Investigation (F) Crimes of Violence Investigator (G) Crimes of Property Investigator (H) Other employees on a temporary basis when it is determined by the Chief to best meet the interests of the department The primary residence of employees in categories (C) — (G) above must be located in San Diego County to qualify for a take-home vehicle, with the exception of an employee assigned to the DEA Task Force. Section 2 The City will provide marked take home cars to sworn employees who live in National City and are off probation, except for those POA members who can take home cars under Section 1 above. Should the number of eligible employees exceed the number of marked patrol vehicles available for this purpose, the distribution of the vehicles would be based upon seniority. Officers assigned take home cars under this provision will follow the same rules and guidelines as officers assigned under Section 1 of this agreement. The City maintains the right to rescind this program at any time. Section 3 Except as specifically provided in this Article, no employees represented by the POA will be allowed to take home cars. 53 NCPOA Agreement January 1, 2019 — December 31, 2021 78 of 207 ARTICLE 33 - DEFINITIONS Unless the particular provision or the context otherwise requires the definitions and provisions contained in this article shall govern the construction, meaning and applications of words and phrases used in this Memorandum of Understanding. ADVANCEMENT — Shall mean a salary increase within range of compensation provided for each position, which is conditioned upon a given minimum term of meritorious service in the same position and which is made without examination. ANNIVERSARY DATE — Shall mean the date that the employee completes twelve (12) calendar months of service. Under normal circumstances, when an employee receives a promotion to a new classification, the promotion date will become the new anniversary date for the employee. APPOINTING AUTHORITY — Shall mean the City Council, the City Manager and any other person or body to whom the power to appoint personnel to positions in the Classified Services may be delegated. ASSOCIATION — Shall mean the National City Police Officers' Association. CALENDAR YEAR — Shall mean a twelve (12) month period beginning January 1 and ending December 31. CLASS — Shall mean a position or group of positions sufficiently similar in respect to duties and responsibilities that the same title may reasonably and fairly be used to designate each position allocated to the class, that the same minimum qualifications may be required, and the same salary range may be made to apply with equity. CLASSIFIED SERVICE — Shall mean all positions in the competitive service of the City of National City which are subject to the provisions of the Civil Service Ordinance No. 1076 creating the Civil Services System and the Rules of the Civil Service Commission. COMPENSATION — Shall mean any salary, wage, fee, allowance or other emolument paid to an employee for performing the duties and exercising the responsibilities of a position. COMPENSATION PLAN — Shall mean the official schedule of pay approved by the City Council assigning one or more rates of pay to each class title. COMPENSATORY LEAVE — Shall mean time off from work in lieu of monetary payment for overtime worked. CONTINUOUS SERVICE — Shall mean employment in the City service uninterrupted by separation and applies to the time a person has been employed on a permanent basis or to the continuation of employment from temporary to a permanent appointment, without any break in service. 54 NCPOA Agreement January 1, 2019 — December 31, 2021 79 of 207 DEMOTION — Shall mean the appointment of an employee holding position in one class to a position in another class having lower maximum salary rate; movement to a lower step within the same class; or for employees covered by the State Government Code Section 3300-311 (Police Officers' Bill of Rights), loss of special assignment pay. DEPARTMENT — Shall mean the Police Department. DEPARTMENT HEAD — Shall mean the Chief of Police or his designee EMPLOYEE — Shall mean a person who is legally an incumbent of position in the Classified Service or who is on authorized leave of absence from such a position with the right to return to his position. FISCAL YEAR — Shall mean a twelve (12) month period beginning July 1 and ending June 30. IMMEDIATE FAMILY — For the purpose of family care under Article 9 of this MOU, shall mean any person who is related by blood, marriage or adoption and shall include children of the employee, children of the employee's spouse, the employee's spouse, domestic partner as well as the employee's parents and grandparents. For purposes of memorial observance, under Article 9 of this MOU, immediate family shall include the individuals listed above for family care and also include the siblings of the employee or the employee's spouse or domestic partner. INTERIM APPOINTMENT — Shall mean a short term appointment made from an eligible list. LAY-OFF — Shall mean the involuntary, non -disciplinary separation of an employee from a position resulting from lack of work, lack of funds or abolishment of a position. LEAVE — Shall mean an approved type of absence from work as provided for by these Rules. PERMANENT EMPLOYEE — Shall mean an employee who has been appointed to a permanent position. A permanent employee may be serving a probationary period. PERMANENT POSITION — Shall mean a specific office or classification, whether occupied or vacant, carrying responsibilities and calling for the performance of certain duties by one individual. This position shall be included in the Classified Service and may be either on a part-time or full-time basis. PERMANENT STATUS — Shall mean the satisfactory completion of one (1) year of probationary service and continuing permanent appointment. PERSONNEL OFFICER — Shall mean the City Manager or the person appointed by the City Manager to act as Secretary to the Civil Service Commission, to administer the activities of the Personnel Department and to exercise general supervision over the employment policy of the City subject to the direction of the Commission. POSITION — Shall mean any specific office or classification, whether occupied or vacant, carrying certain responsibilities and calling for the performance of certain duties by one individual, either on a full-time basis or part-time basis. 55 NCPOA Agreement January 1, 2019 — December 31, 2021 80 of 207 PROBATIONARY PERIOD — Shall mean the working test period during which an employee is required to demonstrate his fitness by the actual performance of the duties and responsibilities of his position and during which time he may be terminated without right of appeal to the Civil Service Commission. PROBATIONARY STATUS — Shall mean service in a permanent position prior to completion of the prescribed period of probationary service. PROBATIONER — Shall be an employee in the Classified Service who is serving a probationary period. PROVISIONAL APPOINTMENT — Shall mean the temporary appointment of a person who possesses the minimum qualifications established for a particular class and who has been appointed to a position in the class in the absence of available eligibles; any non -permanent appointment, other than seasonal, part-time or emergency appointment, which is not made from a re-employment list or an eligible list. SALARY RANGE — Shall mean one or more, but commonly five (5) specific pay rates having a percentage relationship to one another, assigned to a class of positions as the compensation for the class. SALARY RATE — Shall mean a specific dollar amount, expressed as either an annual rate, a monthly rate, a semi-monthly rate, a biweekly rate or an hourly rate, as shown in the Compensation Plan of the City. SALARY STEP — Shall mean the location of a salary rate within a salary range, as identified by a letter of the alphabet. SENIORITY — Shall mean the number of months of continuous service in the Police Department in a permanent position. TEMPORARY EMPLOYEE — Shall mean an employee appointed to a position of a non -permanent nature on a provisional basis. 56 NCPOA Agreement January 1, 2019 — December 31, 2021 81 of 207 CC/CDC-HA Agenda 4/2/2019 — Page 82 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 City to piggyback onto Sourcewell (formerly National Joint Powers Alliance) Contract #120716-NAF with National Auto Fleet Group for the purchase and build -out of one (1) 2019 Ford F-150 (F1C) XL 2WD Reg Cab 8 Box 141 WB, Factory Order 1500 Lift Gate in an amount not to exceed $33,470.75. (Engineering/Public Works) Please scroll down to view the backup material. 82 of 207 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 2, 2019 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 City to piggyback onto Sourcewell (formerly "National Joint Powers Alliance") Contract #120716-NAF with National Auto Fleet Group for the purchase and build -out of one (1) 2019 Ford F-150 (F1C) XL 2WD Reg Cab 8' Box 141" WB, Factory Order 1500 Lift Gate in an amount not to exceed $33,470.75. PREPARED BY: Ray Roberson, Management Analyst II PHONE: (619) 336-4583 EXPLANATION: See attached explanation. DEPARTMENT: Engineering/Public Works APPROVED BY: :.1• - FINANCIAL STATEMENT: APPROVED: G%x{ Finance ACCOUNT NO. APPROVED: MIS 644-416-223-511-0000 (Equipment Replacement Reserve — Facilities Maintenance): $33,470.75 $200,000 is appropriated in the FY2019 budget for Engineering/Public Works Department Facilities Maintenance vehicles. ENVIRONMENTAL REVIEW: IN/Al ORDINANCE: INTRODUCTION: STAFF RECOMMENDATION: Adopt Resolution awarding the purchase and build -out of one (1) 2019 Ford F-150 (F1 C) XL 2WD Reg Cab 8' Box 141" WB, Factory Order 1500 Lift Gate for the National City Engineering/Public Works Department. BOARD / COMMISSION RECOMMENDATION: 1N/A. 1 FINAL ADOPTION: 1 ATTACHMENTS: 1. Explanation 2. Quote 3. Sourcewell Contract #120716-NAF 4. Resolution 83 of 207 Explanation: The current 1999 Ford F-450 used by the City Public Works Facilities Maintenance Division has exceeded its useful life and is scheduled to be replaced. Staff desires to purchase a new 2019 Ford F-150 (FIC) XL 2WD Reg Cab 8' Box 141" WB, Factory Order 1500 Lift Gate. Consistent with Section 2.60.260 of the National City Municipal Code (NCMC) regarding cooperative purchasing, there is an opportunity to piggyback onto the Sourcewell Contract #120716-NAF with National Auto Fleet Group to allow for the purchase of one 2019 Ford F-150 (F1C) XL 2WD Reg Cab 8' Box 141" WB, Factory Order 1500 Lift Gate. 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 Sourcewell Contract #120716- NAF with National Auto Fleet Group was competitively bid through a Request for Proposals (RFP) process, and that the State of California Department of General Services procurement procedures are in substantial compliance with those of National City. Therefore, staff requests that City Council authorize the Mayor to award the purchase of one 2019 Ford F-150 (F1 C) XL 2WD Reg Cab 8' Box 141" WB, Factory Order 1500 Lift Gate to National Auto Fleet Group in an amount not to exceed $33,470.75, consistent with Section 2.60.260 of the National City Municipal Code regarding cooperative purchasing, by piggybacking onto the Sourcewell Contract #120716-NAF. The funding to purchase this vehicle was approved by City Council through adoption of the FY 2019 annual budget. 84 of 207 kr: N.atioi.:aI Auto Fleet GroupA Diioi 490 Auto Center Drive, Watsonville, .01 95' 78 (B 51 2894579 * (aaij 480.8497 Fax Fi ttiNa:ti.one1Aut;oP.i.eotGr oup.corn 3/7/2019 3/14/2.019 Re -Configured Quote ID: 9957 R2 Order Cut Off Date: TBA Mr Tony Gaut City of National City 1726 Wilson Ave National Clty, Callfornla, 91950 Dear 'Tony Gaut, National Auto Fleet Group is pleased to quote the following vehicie(s) for your consideration. Ono (1) New/Unused (2019 Ford F 150 (NC) XL 2W0 Reg Cab 8' Box 141" WB, Factory Order 1500 Lift Gate) and delivered to. your speclfled location, each for Contract Price Factory Order 1500 lift Gate 2. additional key(s) Tex (8.7500 %) Tire fee Transportation Total One Unit $26„703.32 $3,528.40 $400.00 $2,680,28 $8.75 $150,00 $33,4 0.7a - per the attached specifications. This vehicle(s) Is available under the Sourcewoll (Formerly Known as NJ A) Contract 1207161NAF . Please reference this Contract number on all purchase orders to National Auto Fleet Group. Payment terms are Net 20 days after re.celpt of vehicle.. Thank you in advance for your Consideration. Should you have any questions, please do not hesitate to Call. Sincerely,. se C per /'/Account Manager Email: Fleet r@NationalAutoFlsetGroup.com Office: (856) 289-6572 Fax: (831) 480-8497 CHEVROLET ,1 �evrr,r• Quoting Department Account Manager Fleet@NationalAutoneetGroup.com (855) 289-65.72 'TOYOTA 85 of 207 In order to Finalize you.r..QuQte,jiease submit this purchase pack* to.spur governing body for Purchase Orcjer ApprovaL Once you issue a Purchase Order please send by: Fax: (831) 480.8497 Mail: National Auto Fleet Group 490 Auto Center Drive Watsonville, CA 95076 Email: neet@nationalautofleetgroupicom We will then send a VV.9 if you need one Please contact our main office with any questions: 1-855.289-6572 86 of 207 .Sell To. NATIONAL. AUTO FLEET DEALER 11 71E061 1330 W. MAIN ST. ALHAMBRA, CA 91801 fi26.414 2E100 T,tx Ident.. Type 1,rr(Jar Entity Ship Viil Terra% Location Territory HARBOR 2% 10 Days, N l 30 t1REA REGION 1 2.55 Voyager Ave Brea, CA 92821 Phoin+:': 71 4.9996.04'11 Pax: 71el•996••.0695 Harbor' Truck Bodies. is Not Held Responsible for any items nit lifted on thE3 orderlquote. Pricing orl ttur>te is valid 30 days from sates .quottr ttate.. Item No. Description FORD 056-R-SAW SC.C1 'E FREIGHT FUEL.CHARGE MPDI FORD 56" CA REGULAR. CAl3 SRW GAS- FQMMYGATE MODEL .r!. G2-50-1.542 TP42 FreiglIt FUEL .CHARGE PDF IFOR N1'W VEHICLE Amount Subject to Sales Tax 0 Alrl<.nmt %x.Fnpi trom Sales 'lax 3,678,40 .Authorized Signature _..__�� ._...__...._.....,. Dealer VEN/VON „...._... _.,.�._ ..,. Date Eat), Notes THIS IS A TRUCK WITH :FA.C: rorw PICKUP RED Sa11?s :Quote Santry throne Date: In5ide Salmi Rm.: Sales Quote Page 1 of 1 5022852 3/r/2019 Kimberly Bellamy Ship To; CITY OF NATIONAL -CITY 1121) WILSON AVE NATIONAL CITY, CA 919.50 C;uSltanler ICJ Dealer Number Sol le.sPerson VI N Unit f LWO'I JENNIFER Qty. units Rrlce Net Price EACH 1 EACH 1 EACH 1 EACH 1 EACH 1 3VCF 4.40 150,00 75.00 225.00 >>tubkaiat: Inuaic;e l)IscuurIt. Totill Sales Tax Total; 3,228,40 T 50.00 75.©1) 225.00 3,678.40 0.00 0.00 3,678.40 87 of 207 Vehicle Configuration Options ENGINE Code Description .«a�w-,,...,.. wa..r r.,_ 99B ENGINE: 3,3L V6 PDFI,. -Inc: auto start -stop technology and flex -fuel capability (STD) M.+dwwwwu+wwwx..w.e�rw�w�w.w. ..... ... ... . a, ...., y,... y.� . .. TRANSMISSION Code Description TRANSMISSION: ELECTRONIC 6-SPEED AUTOMATIC, -Inc: selectable drive modes: 446 normal/tow-haul/sport (STD) HEEL TIRES Description WHEELS:17" SILVER STEEL, (ST.D) TIRE PRIMARY PAINT P245/70R.17 BSVV A/S, (STD) Code Description OXFORD WHITE PAINT SCHEME Code Ion STANDAR SEAT TYPE Code Description PAINT ,• y,••M•V�••.•1".••••••.r�•.••Yy.•.,•...xwwwMwa'k'y'rwFN:+'YrI6Mytl�Awydx/� AG MEDIUM EARTH GRAY, VINYL 40/ 0/40 FRONT SEAT AXLE RATIO 1141 3.55 AXLE RATIO, (STD) ADDITIONAL EQUIPMENT Description: XL POWER EQUIPMENT GROUP, -Inc: Power Glass Sideview Mirrors w/Black Skull Caps, manual -folding, Power Door Locks, flip key and integrated key transmitter keyless -entry (includes Autolock), illuminated Entry, Power Front Windows, Perimeter Alarm, Power Tailgate Lock, Nly.Key 53A TRAILER: TOW PACKAGE, -Inc: Towing capability up to TAD, tailgate LED, Class IV Trailer Hitch Receiver, towing capability up to TBD on 3.3L V6 PFDI engine (99B) and 2.7L EcoBoost 88 of 207 engine (99P) or up to TBD on 3.5L EcoBoost engine (994), 3.5.L EcoBoost High Output engine (99G) and 5.0L V8 engine (995), smart trailer tow connector and 4-pin/7-pin wiring harness, Upgraded Front Stabilizer Bar . CALIFORNIA EMISSIONS SYSTEM, Inc: Required code for California Emissions States 4.22 registration:, Optional code for Cross Border State dealers (Arizona, District of Columbia, Idaho, New Hampshire,. Nevada, Ohio., Virginia a.nd. West Virginia) DEALER. ORDER FOR CALIFORNIA STATES REGISTRATION, -Inc; Federal Emissions state dealers ordering a California Emissions system (422) are also required to use order code 93N .:to attest that the vehicle Is to be. registered in a California Emissions state, Note: It is a violation of federal law fora Federal Emissions. state dealer to sell a vehicle w/a California Emissions system for registration in a Federal Emissions state, unless the vehicle also meets EPA standards (i.e., 50-state emissions) 93N 53B CLASS IV TRAILER HITCH RECEIVER, -Inc; towing capability up to TBD on 3 3L V6 PFDI engine (99B) and 2,7L EcoBoost engine (99P) or up to TBD on 3.5.L EcoBoost engine (994), 3.5L EcoBoost High Output engine (99G) and 6.OL V8 engine (995), smart trailer tow connector and 4-pin/7-pin wiring harness 671 INTEGRATED TRAILER BRAKE CONTROLLER FRONT LICENSE PLATE BRACKET, -inc: Standard In states requiring 2 license plates, optional to .all others 96W TOUGH BED SPRAY -IN BEDLINER AMBER LED WARNING STROBES, -Inc; By Sound 0 94S mounted stop light bar and 2 hood mounted lights iywrwu,.aWlbwwe .• •' . •• • •^• I +n VAA x. 'J ueW. v u u. .yd .rV' - 1l -• ..• - - M1wwwMMww»R- •.•• •,•^ 153 Oak Signal, Ford accessory, center high- 94.2 DAYTIME RUNNING LAMPS, -inc; Non -controllable 66B BQXLINK, Inc: 4 premiumlocking cleats 52P SYNC, -inc: enhanced voice recognition communications and entertainment. system, 911 assist,' 4.2" LCD display in center stack, Applink.and 1 smart charging USB port 50S CRUISE CONTROL 76R REVERSE SENSING SYSTEM. 85H'3ACKUP ALARM SYSTEM XL POWER EQUIPMENT CROUP SAVINGS OPTION PACKAGE Code 1OOA. Description EQUIPMENT GROUP 100A BASE 89 of 207 2019 FIeetINonRetail Ford F.150 XL 2WD Reg Cab 8' Box 141" WB WINDOW STICKER 201.9 Ford F-150 XL 2WD Reg Cab 8' .Box 141" WB CODE MODEL FIC 2019 Ford F-150 XL 2WD Reg Cab 8' Box 141" WB MSRP $26,455..00 OPTIONS 99B ENGINE: 3.3L V6 PDFI, -Inc:: auto stert-stop technology and flee --fuel capability (STD) $0.00 446 TRANSMISSION; ELECTRONIC 6-SPEED AUTOMATIC, -Inc: selectable drive modes: normal/tow- $0,0.0 haul/sport (STD) 64C WWHEELS:17" SILVER STEEL, (STE)) $0,00 TIRES: P245/70R17 BSW NS, (STD) YZ OXFORD WHITE $0,00 $0,00 STANDARD PAINT $0..00 AG MEDIUM EARTH GRAY; VINYL 401:20/40 FRONT SEAT $0,00 X19 3.55 AXLE RATE{., (STD) $0.00. 85A XL, POWER EQUIPMENT GROUP, -inc: PoWer Glass Sideview Mirrors wiBlaek Skull Caps, manual- $970,00 folding, Power Door Lacks; flip key and' integrated key transmitter keyless -entry (includes.Autolook), Illuminated Entry, Power Front Windows:, Perimeter Alarm, Power Tailgate Lock, MyKey 53A TRAILER TOW PACKAGE, -Ina: Towing capability up to TBD, tailgate .LED, Cla:ss'IV Trailer Hitch $:595.00 Receiver, towing capability up to TBD on 3,3L V6 PFi7l .angina (99B) and 2,7L. EcoBoost engine (99P) or up to TBD on 3,5L EooBoost: engine (994), 3,5L EooBoost High Output engine (99G) and 5.0L V8 engine (995), smart trailer tow connector and 4-pin/7-pin wiring harness,. Upgraded Front Stabilizer Bar 422 CALIFORNIA EMISSIONS SYSTEM, -Inc: R.equirod code for California Emissions States registration, $0,00 Optional code for Cross Border State dealers (Arizona, District of Columbia, Idaho, New Hampshire, Nevada,. Ohio, Virginia and West Virginia) 93N DEALER ORDER FOR CALIFORNIA STATES .REGISTP TION, -Inc: Fedora) Emissions state dealers $0.00 ordering a -California Emissions .systern (422) are also required to use order code 93N to attest that the vehicle Is to be registered in a California Emissions state, Note: It is a Violation :of federal lawfbr a Federal. Emissions state dealer to sell a vehicle wta California Emissions aystem for registration in a Federal Emissions state, unless the vehicle also meets EPA .standards. (Le, 50-state e.misslons) 53B CLASS IV TRAILER HITCH RECEIVER, -Inc: towing capability up to TBD on 3.3L V6 PFDI engine INC (99B) and 2.7L EcoBoost engine (99P) or up to TBD on '3.5L EcoBoost engine (994), 3.5L EcoBoost High Output engine (99G) and .5.0L V8 engine (99:5.), smart. trailer tow connector and 4-pin/7-pin wiring harness 67T INTEGRATED TRAILER BRAKE CONTROLLER $275.00 1.53 FRONT LICENSE: PLATE BRACKET, -inc: Standard in states requiring Z licen$e plates. optional to all $0.00 others 98W TOUGH BED SPRAY -IN BEDLINER $595,00 949 AMBER LED WARNING STROBES, -Inc: By Sound Off Signal, Ford accessory, center high -mounted $675.00 stop Tight bar and 2 hood mounted. lights 942 DAYTIME RUNNING LAMPS, -Inc: Non -controllable $45.00 55B BOXLINK, -Inc: 4 premium locking cleats $80,00 • 62P SYNC, -fnc:. enhanced voice recognition communications and.enfertainment.systern, 911 asslst, 4.2" $420.00 LCD display In- center stack, Appll.nk and 1 smart charging 'US'S port .. 90 of 207 50S CRUISE CONTROL 78R REVERSE SENSING SYSTEM 851-1 BACKUP ALARM SYSTEM XL POWER EQUIPMENT GROUP SAVINGS 100A EQUIPMENT GROUP 100A BASE Please note selected options override standard equipment $225.00 $275.00 $125,00 ($500,00) $0,00 SUBTOTAL Advert/ Adjustments Manufacturer Destination Charge TOTAL PRICE Est City: N/A MPG Est Highway: N/A MPG Est Highway Cruising Range: N/A mi $32,2355.o0 $0.00 $1,595.00 $33,630.00 Any performance -related calculations are offered solely as guidelines. Actual unit performance will depend on .your operating conditions, 91 of 207 Standard Equiprrten MECHANICAL Engine. 3,3L V6 PDFI -inc: auto start -stop technology and flex -fuel capability Transmission Electronic •6-Speed Automatic -Inc: selectable drive modes: normal/tow-haul/sport • 3•.56 Axle Ratio GVWR: 6,170 Ibs Payload Package Transmission w/SelectShift Sequential Shift Control Rear -Wheel Drive POP 70-Amp/Hr 61 OCCA Maintenance -Free Battery vv./Run Down Protection 2.00 Amp Alternator Towing: Equipment -Inc: Warn 1960:# Maximum Payload Gas -Pressurized Shock Absorbers Front Anti -Roll Bar Electric Power -:Assist Speed -Sensing Steering 23 Gal. Fuel T,nk Single Stainless. Steel Exhaust s and Trailer Sway :Control Double Wishbone Front Suspension w/Coil Springs Leaf Rear Suspension w/Leaf Springs 4-Wheel Disc Brakes w/4-Wheel ABS, Front And Rear Vented Discs, Brake Assist, Hill Hold Control and Electric Parking Brake ... N. F. `. Bate EXTERIOR Wheels: 17`.` Silver Stee Tires: P245/70R17 BSW A/S Regular Box Style Steel Spare Wheel Full -Size Spare. Tire Stored Und:erbody w/Crankdown C.Iearcoat Paint Black Front Bumper w/Black. Rub Strip/Fascia Accent Black Rear Step Bumper Black Side Windows Trim and Black Front Windshield Trim. ack Door Handles Black Manual Side Mirrors w/Convex Spotter and Manual Folding Fixed Rear Window Light Tinted Glass Variable intermittent Wipers .Aluminum Panels Black Griiie Tailgate Rear Cargo Access 92 of 207 Manual Tailgate/Rear Door Lock Fully Automatic Ae:ro-Composite Halogen Auto High -Beam Daytime Running Lights Preference Setting Headlamps w/Delay-off Cargo Lamp w/High Mount Stop Ugh ENTERTAINMENT Radio:.AM/FM Stereo w/4 Speakers -Inc: auxiliary audio input Jack (not available w/SYNC) Radio w/Seek-Scan Fixed Antenna 2 LCD Monitors In The Front INNTERIOR. -- - • •• f . •• .. ..i V.J.'\..'. A.....1 .. t.. ' ' wwwwroM'epwrvwM4ww� Cloth 40/20/40 Front Seat -inc: 2-way manual driver/passenger adjustment and armrest 4-Way Driver Seat -Inc: Manual Recline and Fore/Aft .Movement wba::waW�urryw4Fi+'r✓an .. ...ter. J' w .-. u,...:....... ... .. .. . ,.. ... .... ... ,. . ... ....... ... ... 4-Way Passenger Seat. Mine: Manual Recline and Fole/Aft Movement 4hP:dWF:�Yw:wW+ua(.w+ Manual Tilt/Telescoping. Steering. Column Gauges -Inc: Speedometer, Odometer, Voltmeter, Oil Pressure, Engine Coolant Temp, Tachometer, Transmission Fluid Temp and Trip Odometer Front Cupholder Compass Manual Air Conditioning love Box: Interior Trim -Inc: Cabback Insulator and Chrome .Interior Accent Full Cloth Headliner Urethane Gear Shift Knob Day -Night Rearview Mirror Passenger Visor Vanity Mirror Power Outlets Fade -To -Off Interior Lighting l=ull Vinyl/Rubber Floor Covering Pickup: Cargo Box Lights Instrument Panel Bin, Dashboard Storage, Driver And Passenger Door Bins Manual ist Row Windows Manual Adjustable Front Head Restraints Front Ce:nter Armrest: Securilock: Anti -Theft Ignition (.pats) Engine Immobilizer SAFETY 93 of 207 'Electronic Stability Control (ESC) And Roll Stability Control (RSC.) ABS And Driveline Traction Control Side impact Beams Dual Stage Driver And Passenger Seat -Mounted Side Airbags Pre -Collision Assist wiAutomatic •Emergency Braking (aeb) .•.y...,...�,. .... .A a/ . w... ti. ,✓ . `v _...,....... " aunw.H.VP Tire Specific LOW Tire Pressure Warning: Dual Stage Driver And Passenger Front Airbags Safety Canopy System Curtiin . st: Row Airbags AirbagOccupancySensor �.�.. Outboard Front Lap And Shoulder Safety Belts -Inc: Height Adjusters and Prete:nsioners Dynamic • Hitch Assist Back -Up Camera 94 of 207 FORM E CONTRACT ACCEPTANCE AND AWARD .t:tailkin;iubini P6wii {Top portion 'of this,fOrrnqiu,lo*corhpietelbY.NJPA it the verialor is pwarded aconirdol, The venclor-shoUld complete the vendor authorizedslanaivre.s as parlor the'RFP,response,)• NJPA Contract It: I 2071 6;-g6iF Proposer's. full. le9a1 name; 72 Hour LLC, tit* National Auto .rldefCroup Based on NPAi.$"ey..atuditen.P( yoyr,proposal, yottbove'beensiWqrded.o:controoti Asan awarded voroco,./00:. • ogroo to, preek'itte thoprodoO6,:drid.S00,1040 'Oofitained in your Oro:0101 andio Meet all QUO. terms and A • t Krie/it anditions.sef f,orth ftlis !irft, In any ditiendrbents• to Os AFPndin aexp , any t.eirons.thal p ore acoeet y P • The ellectiVe aate•ol the. 'Oritrclat WIll.be JpnVOrY .17t 2017 and wilt expireon January 17. 2021 .(no laierthan the Icier ()flour years,from the'explrallon date orthe currently awarded '0Qt*act or lour yedfs. from.the. date thd fi NJPAChlersPracareMent °MC% awaccis the Controtot), This Contract *rna be.:exrended fora .1111h year at NJPAI.s discretion. WrA Auihorized agniciturev. ANID PkYOUREMG Cri10 ON61110 IVA DIRE OR'OF-0:9 giN2RACY$ C._ • JoremY SchWailz RIM% PRINIEDDR ChpoiCbauette i4PA.E)nuTivED1001•ORN,E0 3.10NA TURE (NAME POTTED •OR ;MD) AWarded on January 2017 'NJPA Contract it I 2071 6-NAF Vendor Authorized Signatures: .The Vendor hereby accepts this Contract award, Including all accepted exceptions and orriendments, Vendor Name Na'a c? //T,kAl#401/ Authorized Signatory's Tine VRAflHOIZED SIGNATURE (NAME PRINTED -OR TYPED) Executed on, „, 01.2 NJPA Contrat *.120716-NAF CC/CDC-HA Agenda 4/2/2019 — Page 96 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City accepting and approving the recordation of a Memorandum of Unrecorded Grant Agreement/Deed Restrictions with the State of California, by and through the Natural Resources Agency, for Paradise Creek Educational Park; and authorizing the City Manager to execute said Memorandum of Unrecorded Grant Agreement/Deed Restrictions. (Engineering/Public Works) Please scroll down to view the backup material. 96 of 207 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 2, 2019 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City accepting and approving the recordation of a Memorandum of Unrecorded Grant Agreement/Deed Restrictions with the State of California, by and through the Natural Resources Agency, for Paradise Creek Educational Park; and authorizing the City Manager to execute said Memorandum of Unrecorded Grant Agreement/Deed Restrictions. PREPARED BY: Carla Hutchinson PHONE: 619-336-4388 EXPLANATION: See attached. DEPARTMENT: Engineering & Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Categorical Exception 15333; Small Habitat Restoration Project (filed with County Recorder on10/30/15) ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution accepting and approving the recordation of a Memorandum of Unrecorded Grant Agreement/Deed Restrictions with the State of California for Paradise Creek Educational Park. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Grant Agreement No. U59149-0 3. Memorandum of Unrecorded Grant Agreement/Deed Restrictions 4. Resolution Explanation; On November 5, 2013, per City Council Resolution No. 2013-168, City Council authorized staff to submit an application for Proposition 84 Urban Greening for Sustainable Communities Grant Program funding for the Paradise Creek Educational Park Urban Greening Project, and authorized the City Manager to execute the grant agreement pending award. In April, 2015, the City Manager executed Grant Agreement No. U59149-0 with the California Natural Resources Agency (NRA) for the Project, effective April 1, 2015. See attached fully executed copy of the grant agreement. On September 20, 2016, per City Council Resolution No. 2016-147, City Council awarded a contract to C.S. Legacy, Inc. for construction. This project was completed consistent with grant requirements. The Notice of Completion was signed by the Mayor on August 25, 2017. The State of California, by and through the NRA, is requesting that the City accept and record the Memorandum of Unrecorded Grant Agreement/Deed Restrictions (MOUGA) as required by Exhibit "A" of the executed Grant agreement. The MOUGA recognizes that the City's General Plan identifies this site as a park and requires that the use remain consistent with the grant objective (park site) for a minimum of 20 years from the date of the execution of the Grant Agreement. In addition, the MOUGA restricts the use of the park site as mitigation and the use of the park site to secure any debt without the written approval of the State of California, acting through the NRA. 98 of 207 GRANTEE NAME: PROJECT TITLE', AUTHORITY: P ROG RAP& AG RE MENT NUMBER: TERM OF LAND TENURE: Stato ,of California Natwail :Resources' Agency — GRANT AGREEMENT City of National City Pam:dIsc Creek Educetionall Pork (fonnerly Hoover Avenue ParldParscllse Crook Walk). Safe -Drinking Water,, Water Melly end !Supply, Flood Control, Ryer ;End .00astal Protection Act of 2006 (Prop 84) Urban Greening Project Grants U591,40-0 .20 years .from dale of prejectcompietionas oVittenced by Project Cortilicatiott Form PROJECT PERFORMANiCE PERIOD IS: April 1 „ Dacernimr 1„.2017 tioder ilao tome orScarefitleine Otis ikiceoment, spa:loot Ooreeeto Oclinprebd• projett 0610104*d, le itie prefect ecope deioildtiaci in WAR A, and any titibmi Ian ammo:WM aplas.amit the Siete .acilivihreiloiltftHesatirtios.fteht.y Ounsitlant ito 1.the Cartfiltnia.SakiCirlafro Wter, Wahl r Conley mr41 5tijy FI C'MO? arid tniiitiril Pre,lectien Adel 20O6. agreee: ond gut project. ap la the tokni (it vrerii ailment indicated. PROJECT DESCRIPTIlON:: See spreject descrlption or.t. page, 1 and Exhibit A of me At Toll:FA-State Grant feat to occed $840,1000,00 or project costs, whichever is Ices) The Spootal and .General Previsions attached.oreimado.a part .olf and Incorporated intotheAgreernont F CALIFORNIA CITY OF NATIONAL •CiTY: Leslie Dt�S Title _ „m_ CERTI FICATION OP FUNDING Eswar- FUNDIM $400xi -MT triertEASlice— ENCI.J911WICE ADiliECF401.8110--- ENCUMBRANCE' UNENCLIMBERED 04MM AGREaliENTrtriUMatift U501404 1171,t0PRINFON .1.0".11.2 MARIVT., .0540.60151401.4010.1e . FlUtHOTIMI Woe Asgisitarioil LINE REM MIDTMEINT 0640-60514 01 titIPEND .0540 751 T. SOURCES AGENCY rash utt A1 ramp • . • , • ••••,_ • 6051 -Safe .orfrikingiNattat„ 'Water Quality and upply, Ftood Conirol, Rime ond Coastal. irretecti9n Act.9,12005.,_Propgq . — HAPTE 1MC, YEAA i 712 1 2010 • AAA PCA pRGLIE037 HOMER — --,...—,:....—...---... .30591 • U59140 _—__._,....—. y certify upon,,ray personal knowledge that budgeted funds are evallable!fer this -encumbrance fre A-Ir. EOF ACC NTING OF DATE Sr•Inail 99 of 207 Agreement No. U68149-0 GRANT AGREEMENT State of 'California The Natural; Resources. Agency Grantee Nemo: City of National City Project 'Title:: Paradise Creak Educational Park :(formerly Hoover Avenue ParkiParadise Crook Walk) Agreement Number. !U89149.4 Authority: ;Safe ;Drinking. Water Water !Quality .and Supply,. Flood Control, River and Coastal ProtectIoniBond Act of 200.6. Proposition 84 Program: Urban Greening for Communities 'Grant: Program PROJECT DESCRIPTION Expand existing coramunity space ;adjacent to! school site and planned development create A sate route to School path, edible garden and remove a significant amount of hardscape for bioswalie, and! native vegetation.. A detailed Project Scope land :activities, prqect schedule and Project .Budge( are described and attached herslo :as Exhibit A. Grant. Funds are -to Ike used to .preserve:, enhance, increaseOr establish eeprialuay green areas. such; as; urban forest, open space% wetlands and community spaces (04., eomeiurilty gardens), inaoconlance with theprovisions contained in the Urban Greening or Sustainable Communities Grant Program• and this Agreement. TERMS AND ;CONDITIONS OF RANT :Special Provisions 1. 'Recipients of Grant Funds shall post signs acknowledging the source of the funds pursuant to the California Urban Greening for Sustainable Communities Grant. Program, Grant 'Guidelines and Application {Application Guidelines). Siz location and number of signs all be determined by the State,. Required etgnage must be in place !before Grant Funds for construction will be released. 2 AS .CeridnS preOedent to the :State's obtigation to make any construction funding available pursuant to this. Agreement, Grantee -shall first :provide evidence of compliance with CECiA by January 31 , 3. Upon completiertof detailed Project design,. Maria and specifications, Grantee shall provide to the State for review . and approval a revised. detailed Project Budget, .Projedt Scope and 'detailed Site Man, If Project includes.!habitat restoration or -landscaping, Grantee shall provide a: planting palette derri,oinstraling .how !nattlye,, tow4vater, drought-reststant Vegetation witi be used in the Project. Approval by the :State of such plans erlti Specifications* or- any other approvals .provided for in :this Agreement, .shall be for scope and :quality of work and strati not .relieve Grantee Of the obligation to construct and maintain the facilities., or. carry out any other obligations required by this --Agreement, in accordance with applicable. ;law or any other standards ordinarily appiledlosuch work of:activity:: Page .1 100 of 207 Agreement No, t:iB9i 14f1 4i,The Grantee may be required 'to mord Deed Restrictions, incorporating by raelferernce'this Grant Agreement and giving public notice that the •' rz:urattee received Funds under this A reerrisnt in corder to assist Grantee in developing the real 'property arid that, in consideration tor the !receipt of the Grant Funds, the Grantee has agreed to the terms air this Agreement. rat ;Fo'rcvislons ,art,. Definitions, l., The farm "Act" means Propostkm it,Safe Drinking Water, apex t:y' . li Srrp t rQ Flood Control, River ar'rd Coastal Protection Bond Ad of 2006 "I"h.e, terra "Acquitilltiorift means raiiataining a fee interest or any a±+th r irttairrest,, Including easement,. leases, sriid !devetopr' en't rights, 3. The term "Agreement" !means this Grant, r errant. 4. The term "Application"' rpratrrrrs the ':Inrdlirtirideel eppticatIon term, CA required attachment for grants pr,u,reaauaer'tt, Ile the enabling legislation andifor program i7071i any sp*Fitila materials supplied by applicant 'ttn il`ee Natural Resources Agency prior to Erxruarc1. fy. The tern a "Application ation Gui lcnllirrrrae" wears the C oilllli Sri IGrr t„Irbean Greening. tor So leis a lac. C',:errrrr unitles Grant Program gi am !Grant Guidelines and l Application, 6.. 1110 'term 'Development' means improvement„ rehabilitation, restoration, enhance rr ew% promervationr, protman and interpretation or other eirritar,ractiviiles,: „ The term. Tat ittifarket Value" ateeira the value plated upon ' Ii i property nacre eupl or ed Iby an appraisal that has been meNtewed and aa:pgrrwed by the California Department a;rtment of General rvlA ( S). S. The term "+ rarn't°',f r, '"Grant t. Fuki"II TI" !means the money provided by tha State to the Grantee in this Agreement. S. The leers °+i r and Ago sorer uoratraa.�acirtr IG wirengement between the Slate and grantee spear Ong the payment , h alur is by the Mate for the perfomtence. of specific Urban Greening Pilled objectives es ii'iltiirn ,aer speeifac praject performance period iod by the ,clarentee, 16. The term "Grtaarri r>c ,' means an amlffofint who has aF> s:si r ed agreement for Grant Funds. 11. The term 'i nterl relatierti'" mares nurieltor«servlrrg amenities that 4101111ThilliCEite, the significance and value of eiaai aryl, historical! and.cultural resources in a manner r' er that Increases. 'the understanding and opponent dthese rtr.:arr as, or othersimilar activities. 12. The km 'tivaearr Sources cif Pundir means rash lon :rant 1"buttionac that taad lacy" hli iired gar used to caramp�1eib ''the urban reerrnin : I aject l nrnti the Agreement. I!& The term "Pay ient Request 1-orrri" meow Form RA2'12„ 14. The IOW "Prlecr means the Acquisition or Development activity described Ers the. application a rr'lo dified by Euctniblt.A to he accomplished with Grant Funds, Page 2 101 of 207 A rrnarrrertt I4l;:L 115810,4 15. The term "Project Budge rears illrn Set ei prvi r d r st a: stirn ntrni iirrclude.d as Exhibit A to 'this Agreement„ 16 The tern" "Pro € Scope moo •the descriptions crr" activity for 'work to, be accompliShed by the turban Greening Project. 11. The term "'State" :means the Secretary for Natural Resources or Whr r representatives, or other puuliticel subdivision of the State. B. Project Execution 1. Subject to the ;availability of funds In the Act, the State hereby grants tote Grarrteu ; ria sum of money (Grata Riede) not to exceed the ;ar mr unt stated on the signature page to consideration of •and! Han condition that the sum be expended lkrr carrfirigHout the purposes as set forth in itis description of .Preject in: this Agreement end its attachments ,anal under itlirrar Terms and 'C ortditltnraa: set forth In this ., ree,mer:& ±:. Grantee; shell fu:rnlsh Garry and null additional funds ilhat may bra, •rntnor ssory to con pieta the I�r�rjicr�,. Grantee > 'mall corn Hpiate the Project in accordance iarnce Iwith.tha Project Per for ken ;Period set firth on the, signature page, unless an extension 1nas been inn 'f`ortrr ily!gr trued by >tlne Strata and' under •tihn,e Tam am and c. ditions of this Agreement Extensions may he requested in. advance will be considered by State, at its :sale discr+etic;srn, ;trn the event circumstances beyond the control of the Grantee, 1 but in no:event beyond[NI ay i..2 , .+1,. :Grantee shall at all 'times: ensure that Project compiles iles with the California 'Environmental !Quality Act (CEOA) (Public usources Coda, :Division 13, commencing with section 2103il, et. see..., C. • Code Rego It 14, section 1; OOC1 at. seq.) and all other environmental laws„ including but. not limited Co a l tairrinng all :necessary permits:. Grant Fonds will: not be disbursed before they close of •the period •ifor legal challengra under Grant: Funrlis for planning and document preparaUtion may tie:;avatiable sooner if included in the grant Pooled Scope (Exhibit A) and approved by the State., C,E0A compliance shall. be completed Within ono (1); year from line Grant Agreement Mart data, unless ran extension Is granted by the State. Changes to the ;scope resulting from CEQA compliance area permitted provided the State determines that tie prollerat continues to meat ail objectives rat the Urban; Greening for Sustainable nable Corrmunities Grant I'rd ram and is 'co'risistent with tile latent cited in the ariginal Application. if a gre ytite °'s project is cdr`.arappmvecd on groundsa related to the Natural Resource Agencp CEQA determination, ni, the grantee 5111ed: have 'the option of When (1) reimbursing the Natural Resources Agency for alp State-reirnn:bursed pr iliminery costs (e.g.., plerming. design, ertc.), or (2) asilingUis hisrng any pleslnling/c;tersign documents, .lncicr!diIrrd1 all copies„ reproductions, and variations resulting front said 'funding, without a: license to use or othenalsa retain In: any form: loll+cif[ ots rrra�st •x m:ply with Labor Code Section 1'771 .8 regarding the payment ;of prevailing 'wages and they labor compliance pro am as *Wined in time Labor wide Section 1'7 T11. (ta). Grantee :certifies that 'the Project does and Will continue to comply with all current wsr End regulatiornsn which apply to Ms P'roject, including; but not iimltrrrd to,. legal requirements .for :cr nstru tlon orantr rots, 'building :codes, environmental lsrwa, health: and safely codes,. and Poo 102 of 207 Agr Berta rut No. U 14'1 -0 disablied t:.tan eas laws. Grantee certifies tlnat, prior to Corrrmenraoarnent ,of construction, all applicable permits and licenses (e.g., state contruaitor's license) wild have beton oaitato ;'ined. 7r.Grantee, shell pr iide access by the, State upon 24 hours notice to determine if Pooled wank Ills in accordance with the approved Paled Srcape including a finial Inspection upon Project completion. 8. Prior to the a ,o nme c=, merot of any work, Grantee agrees: to submit in writing to the Slate Fore prior approval ark,, deviation from the original Project Scope per IE5thlb1i A and the Application. Chanties In Project Scope mist continue to nutlet than need cited In the I era lu 9 application or they 0111 taunt be approved. Art, Irt�Co lIficatiiryf or alteration in !the t Project forth In the Application on file vi i tan: the State must be submitted to the State for approval. Any modification :Or alteration in the P.r tjw t must also ruompil + vtrlth rill current lairs and regulations,. Inducting but not limited to MCA, i,. l)„ Grantee shell. provide for public OCn5OSS Eindi r educational ational 'features: where feasible. 10. Grantee moist. have: (1). fine 'Ink (7) leasehold, or (3) tidier interest to Project tends and demonstrate 'to the saa,liaf''itttiorr of than Slate that time pi posed Project Uwfll provid.' past tla benefits That canrmernerasorir: to with the, tyros and duration of th,e interest in land. Any e i ntaitien 01, Project lends by Grantee following award sit 611 not inv alw1re eminent !domain t;pr>oce d:ir►gs marthreat oolteminent domain proceedings, ill. 'Grantee small !prorrr;011y provide photographs of the ite during 7rnd ,.after ernppieme ntatIon ,C Piroject eft the request ofthe a State,. C. Project Coals 1...Any :Cairladnt. Funds. provided: t'c: (uan•eeu tinder,' aids reap :eat wit be 'din t 'ur ad: for eligible c4 stso on a irairro,'buarsemrrrent. basis, as: kullows, but shalt it exceed In any event Gl a amount a;et firth:on the, signature perl e: eat this Agfeement:. a. Approved eed (greet rn1e geroruerrt :GOERS or corietrucition orrd t )eveloprrientt COMB. tip to ten percent i(10%) of the relinib.orrraamrment amount will be litetd track. end issued asia final fiaynIerrl; rap rrr c rn:1j11cilcrtf of tl asp Project. 1p„ Rernalrising Grant Fe.rt¢is shall be and up era tllca ttn'i ll amount :of the Grand Funds or the actual Project costa whichevaer l;ou liaM a, Upon completion of lite Project receipt of a. detailed eturn•rroery ,of Piled costs trout the Grantee found to be ea'kisfacptory by the State, aniline: satisfectory completion o a elle inspection by the State,. IPaynrrerrl: 00111140tattrrr7; Mtn: pliNyfroarg requests must be suhmitted rising a completed Payment tl uest Form This: s: to :crvurst be accompanied by an itemized fist of ell ,eiraperrn tlturres that clearly documents the check numbers, Oates,. recipiernts, Ilrle •henna ir;iaaa+artptian es describeiti in th+e Project !Budget approved by the State and anittivani . Eatabh paytrr. erne request must also ttidluude proof of payment spuclh -as receipts, paid invoices, Cetncebari ,clneoks or other forms of docurneetatinrn !demo iaztrrating payment itas been nmerelirr. b. Any payment request that is submitted- without the requimil iterrlizaticaaa and dotsurrtnettaiECri will not be authanzed. If the payment request t t package Is incomplete, inadequate or Inaccurate, the Slate will inform the Grantee and hold the: payment request until ell, required information is rec.^eived of corrected. Any penalties. imposed on the Grantee by a coati actorw ,or other consequence, le, because of delays 'in payment ent whit be paid by the Grantee anti is not reimbursable under this Agreement Page .4 103 of 207 Agreement No. U59i49.0 3. Grant. Funds in this awaard have a limited period in which they must be avert rt. Grantee expenditures. funded by to Stele must occur within the t€rno frame of the Project Performance Period as indicated firt this Agreement, 4. Except. as otherwise;pprovidad herein, the Grantee shall expend Grant Funds in the munriir described In thua Elthibil A approved by the State. The total dollars of a category in the Project I3udget may be increased by up to ten pear nt (1I %) through a reallocation &Amide from another category,. without approval ral twilit" State. linw wer,, the Grantee shall notify th State ilaa writing when any such. reeli�ocation rr EV and shall Identify (both The liona(a) being increased d and those bet•rxg rfeereased. Any cumulative increase or decrease of more than ten pima a (.1 %) 'born the orltglirhaal budget in'the amount of at category must be ra:fa moved by 'the State. in any event, the total amount of the Grant Fends may not be increased, nor may any adjustments exceed the ante 'for management coats as described in tl'e, Applibatton Guidelines. D. Pr+ojrru:it,Administration 1., Grantee shell promptly provide Project reports aiidlor ;p:hotcngrapini !upon request by the, State. lln any eweni Grantee shall provide the .Stale a !report showing total final Praoject :expe nditun'+ s with the final payment r ertjuout and required dosing documents, Grantee .haft !make profre and 'f collities ass futretil or developed pursuant to this Agrcaerrrent available for inspection upon r request Icy+ the State. 3, Grantee shall use any Income. Learned by the Grantee from use of the Project to. ftirthi r I roaJact ptlirppaees, or, if approved: by the. Stale, for !related: purposes within the ,jurtsetiicti rrr!. .Grantee shall submit all documentation for Project conrupfuntion, including :a: notice of .cisl1rapletten .as. ;applicable and final reimbursement. within ninety MCI' days of Project completion. but in no -event any later than MaJJA0J1j, 5. Final payment li contingent upon Slate verification that Project Is consistent litrith Project Scope as !described 1En I1 *i:bit A. together witti any State approved amendments. This Agreement may be arxtended by metal! agreement In Wiling beam n Grantee end State.. Anyr. request by tttt Grantee for ismenr alerts must be In writing stating the a ntieridrnaent request and :!reason ter tII r+eque1 t, The e raantee Shall make :requests is €rh! ea itir`rnely manner and in: no event: less than sixty (ip) days before the affective date of the proposed amendment. 7. Grantee must r porttrs tiaaa Slate all :scu y r other funds for the Project,. E. 'Project Termination 1. Prior to the :completion of Project construction, action, either party may terminate this Agreernrsra by providing the other pnaarty with !My. Dt)) days' written notice of ;such Iearnitriatio , 'The, 1a.te may iy ,also terminate this Grant.A,grreement for any newton at any time ifiit learns of ,or otherwise discovers that there 'ttt aa. violation of any sates or federal law or policy by,. Grantee which affects prrtbrmanos !of this or any other grant agreement or ► ontrac;t tattered :orate 1th the Mete.. 2, If the State terminates r+s without cause the Agreement (prior to ibe ,end of !the Project Performance .Perbodthe Grantee shall take aril reasonable measures to prevent timber costs to the Stale under this Agreement. The State ,snag be responsible •for any reasonable and non .°en+cr la;h a obligations Incurred by the Grantee in the performance or arge 5 104 of 207 Algireencts rti 11o. 1.$6:1j49.0 the Agreement prior to the .date of the notice to, terminate, but Wily up to the 'undiasbrtir.i4KI balance of funding authorized in this Agreement. :�. If the Grantee faille to o oampleta the •Prealect in aFordence5hilth Iil itr A jreearitnernt, cur fa:Uts .to fulfill rimy other obligations of this Agreement prior to the termination data, the i rarat> e etnaahl tie lien'ialle fear ima rieartflate repayment to, the State eit anti ua i►s disbursed ;by the: slaw uitrnda r this Agreement, plus :accrued ilri'tera;est:anti any !further costs related to the Protect,. The State naey, yet its SOlde discretion, consider iriattereti tlrag circumstances and not require repayment lfr r mit partially'completed >urovIdert thaast the Stela wtf torrnirne tt is In the , tratel Caret Interest to de so. This. paragraph shalt not be deemed: to Molt any other !remedies a:valliaeh le toia the State for litre r. lti of this. Agreement, ernt, Fe1lure by the Gra.nlieo to itmtinply With iih,s terms of this Agreement or MAY other Agreement under Ilse AlOt ra<sra,y tte cause for sivarr,po :ns,ir rt of all obligations of the Stele Fa1furee of the Grantee. to cornply -with Nile terms of this Agreement shell! act be. cause for suspending all obligations of the State hereunder if,, in the judgment of the State, ouch failure was l7uie 'to no fault of the Grantee. At the' discretion of the Slate, any ; rne,tcauirnit required to sane at minimum cast any irrevccat le obligations pro ;iserty incurred shag be 'eligible for rseilinrbutisenteasatunder this . glreemOnt. . Because tine ibenefit to taro derived ed by the Spate, from the tkalt wmpliance by the ram ie :e• terms of this Agreement, Iii itie promarvallan, enh:encerneft or establishment of community green areas and ep)s :xlwe for the people of the State o'i`'Californiri, and because use such benefit t loons Ito an irtire ieaan.irwrable ant1:11110Seedginatio extant a rneiunit of money 'furnished by the State by way of Grant Funds under this ;provisions of this. Agreement Grantee agrees that, payment by the -Grantee to the State of art amount equal to the amount ouint. of the Grant Funds disbursed under this Agreement t the State rrwwa+ ld be iataizdueguel compensation to the State t>or any breach by the Grantee Elf this A,greesrl;a,ernt'. The Grantee oiler Ofjrees therefore, that they appropriate ra rani dy in tiie evert of in Ear+ee++rsh Its the Grantees if this Agreement shall be the specific performance of this Agreement unless: otherwise .agreed io by the State. F. 1-1*old Harmless less 1, Grantee shell wive tali ralratr m and n:ireu;rwtuar^ses against the State, tc cluding the right to :contribution for less or dam:trafi:e to ptgeons'or property sitting :trent, growing out of or In any way contacted with or Incident this Agneernonit, uxwatiegait claims iriraing from the gross negligence of State,, its officers, agents and 'averpt sayees,. Graaaniee shall iaritfernsroify, I'hrit'cl: harmless and defend %tate, its s fftzrere, agents end employees in, perpetuity' against any and ail cllell171s, demands, daausmaigr ras, 'crests, expenses or Debility cwcna.ts ;4.ar"tsing out of the Paled,. laitiurktlrrig I alryrtatcelament; construction, operation or masintene.rsoia of Llta property:described in the 'Project description which iblr lnns, demands or causes of ,a131hori else under Gr;wernmersii Oxie &ection 8t75. or otherwise, including but not limited to itrams to which: the Grantee has certified, except for liability arising out of tJhe• gross nag 1gefce alit` State, its officers, agents or employees, Grantee adkriewledge s that. it i solely responsible for '+pltence uwlth items to which it has certifted. 3:,, Grantee and State agree that In the evtmi: of judgment entered against the State and Grantee WOLIN .of the gross negligence di the Slate and Grantee, their officers, agents or employee art apportionment of liability to pay such .jurigmont h all he anade by a court of cenimpeta rt jurisdiction. Neither burly Chalk request a Jury apportionment. a ::. Financial Records 105 of 207 4, :Agreement N •N. VS 4960 1. ,Grantee. shall rrratritairt satisfactory Ilrrreiincl'all iactieitinitti. documents and records : tsar the :Project and to make them available to the State •f'or ,a,r;ldhling at reasonable flutes,.Grantee bell also ;retain such ;ffn nd l accounts, documents timid records for three (3) years. catter final pi i.yme nit and' one CI) year following an audit Grantee agrees Piet during regular office hours,. The Slate and ift duly authorized representatives shell have the right to inspect and :maka copies of tiny !books., records or reports of the -Grantee, pertaining to This Agrsaimant or mailers related thereto. Grantee shag maintain and m l'te available. for inspection by the Siete accurate :records of Mil of its casts, dis;buir s rn i rnits and receiptswithu respect to its rmctMties under lhls :grettinteint,, Grantee shell use applicable Generallly. Accepted Mosussi ntirng !Principles, [unless othe:rwilisai agreed to bythe Slate.. Us f Facillittes 1, Tbs. real pproprrrty Onolludingi,any portion: crf It or any interest In ilt, may not be :sold or transferred rreasutl Witiucitit the written approve] of thu State. of California, acting through the Natural FtfileOurces Agency, or its successor, provided that such approval :shalt not be unreasonably withheld as Ic:rnM,i as the purposes tr which Than Grant w .. awarded are maintained. 2. Grantee :shalt maintain,: operate end use the Project in :flalflillaaermt e'f tivs purpose funded pursuant. to thlis Gr°ant fear a minimum of '1WitENr (2O) YEARS, consistent. with :the Land Tenure/Site Control requirements included :rr: the, Apalpl'tcat orr 1 uIl 1llal"fl oss,,. Tito: Grantee, or the Granteea 81,10 0d' fair in interest in the properly, may ass;sl f sru without neaten :the responsibility to maintain and operate lite'lproperty In accordance with this requirement nit my with thei written approval of Me State. Grantee may be amused from its •obligations for operation and maintenance of the Project site :onlly upporr this written approval of the State for good cause. •11Go d oeiusse" Includes, but: is iilct ifm11ed •to, tutus' disasters that: destroy the Project Improvements and render the Project:Obsolete bsolete or impracticable to rebuild. Grantee shell use the properly for the p 1;rpo os for w1iien the Grant was made and shell make no other~ use or sale er ostler disposition of the property. This Agreement shall not prevent tuts) transfer Of the property from the Grantee •to a Public Algericy, if the. successor Public Agency assuel .the obligations Irnrpceed by ttais Agreement. ill' the use aline property lie changed to s use that la net permitted by the Agnserrn'aartit, or if the property 116 Sala or:otherwise disposed of, at The Steles solo disci tilon, an :amoulnt equal 'kJ 1) the ortount of the Grant ai the Fair t'u1:arke1t Value of the real property, or ('3) the proceeds from the sale or other disposition, whichever !lss li ieoterr, may be reimbursed ld to the Stale, if The property:sold or otherwise disposed of is less than: the entire interest in the properly funded In the Grant an of ol,su t squat to either the proceeds from the sae or oiler disposition f the frderseit or the Fair Polar:keit Value of the interest sold or otherwise disposed of : whichever Is greater,: shalt be reimbursed to the State. 5. The Grantee shall not tree or allow the use- of law portion of tine meai property for mitigation without the written pernrttrsliarr of the State, di. The Grantee ee Shall riot use or allow the use of any portion oi' 11ie r ai property a r tar i t.y for any debt. ilondiscrimirraiirrn 106 of 207 Agreement No U&9149 O 1. The Grantee shall not discriminate a,ga:lrist any persons on the briefs of sex,. race, color, ancestry, religious, creed, national origin, physical disability Ono HIV wend AIDS), mental disability, medical condition .(4 rncMer), :age (over 401, marital .fallus„ end denial, of family care Leave in the use Of .arty property or facility aoqulired or developed pursuant to tiirit Agreerr a nt. ,. The Grantee ate e shalt not d.isc rirerltr srte against any person on •t] Asia Of 'residence except to the extent, that reasonable differencin acirhiission oar'otter fess may be ahnrarintai:sned en the Iota of r>rns';l iseinos and ptuirsuard it law, 3.. 11hie completed Firrl e t arid ell related facilities shall be open • rrrrs •rnnl ere: Of the public generally, except es naiad under the special provisions of ON "a r+reerrnerit or •under provisions crf the Aol. Application Irsoorporation The Grant Guid.ei{frres and the Application and any ' Ibsegaa arntt changes or .vid itl><7r• to the Application Approved In writing by the State are Thereby orbournirated by reference nto this ,Afire araaent es Though sett orth it full in t is Agreerrne rot, Severability If any provt Torn of this Agreementor t1n n s.pplication thereof ' • field invalid. that invalidity snail not affect ether provisions or applications of this Air. rrrernt whichtall be ivneffect tt without the Invalid provision or application., end le this end the provisions. of this Agreement are severable,. Waiver No term or provision hereof WA be orneridered waived by giber party, and 4neh breach excused by eilther partly,: unless, such waiver or oanser`<t I > Irh wilting and signed:on behalf of the party against whom the mbar is , a mused, Na consent.' by either party to, or waiver of, a breach by either party,, whether expressed or Implied,. w lil constitute consent to, waiver of or excuse of any other, different or a ruhsecitsrei1 breach by either party. Assignment. signrrreenht. Except :as expressly provided daft r jvise, this fitei rr1,arnt is .ncct e;r :ignoble by. file Grant e ltlbr >r Witte In pert.. N. Disputes if We Grantee believes that There i$ a :a or grievance between Grantee and the State arising out of or resit nti0;1i to this Agreement the Grantee shall ifirst discuss and ;attempt to reisea'M the Issue Informally with the Agency Grants Administrator,. if the tSsgae cannot be resolved at this the Grantee shall follow die following procedures: Ices: 1, If the issue cannot be re.'tsolved informally with the Agency Grants kiwi' r, the Grantee shall submit, In writing, en grievance report together with ,any evidence to Me Deputy r Assistant Secretary for Bonds and Grants for the Natural Resources Agency. The grievance !report must state the hams In'the dispute,. the legal iuitln rlityr., or other basis •for the ,Grarni sre"a position and the remedy sought. Within. ten ti fi) working days of receipt ,of the olden grievance report from the Grantee, r,nttee, the Deputy Assistant SeCrialiary shell make aea debars: irlation on the issue(*) and shell respond d i+n v:riting to the Grantee indicating the derision and reasons, therefore. Should •the Grantee disagrees with tine Deputy! Assistant Secretary's dec alen, the Grantee may appeal to the Assistant. Secretary ry for Administration and Finance for the Natural Resources Agency. Pe is 8 107 of 207 A veer rent No. !tlji iipip4 -!t 2. The Grantee must submit a latter of appeal e MI to the Assistant Secretary explaining why the Deputy Meis!t aunt Sea„reter 's 'decision is on le unacceptable,. The ;fatter must include, as an utr'tea;hmr>Iurrmt, ooples of tha Grectee's original grievance report, evidence: originally submitted, and response' from the Deputy Assistant Secretary. The 'Grantee's letter of appeal must !be submitted within ten 'CM wr king deyaa aa1' thy, receipt of the Deputy AssistantSecretary's \++written decision'. T'ha.ia Assistant Secretary or designer shell, wtihirr tu+ren�y . working, days art rea raltrt rar tees letter of appeal,. preview the issues raised end el+isadl render a written decision tEr the Grantee, `I'hc decision n cif the Assistant i retaary or desig.ne, a shall be trial.. O. ,AtilaiRequirernents Man n rfErGatng projects rlre subject trr ,aa: r tt r yf the Slate annually lly ,arrdi for three i years 'brewing the Mina' payment of Grant FL ds. "I"t audit Malt include' aril hooks papers, r ce anfs, dieeuna tints, or other records. s. of the Cr nlie s as they relate to: The Project ler which the 'Grant 'Funds were vented. nbr d. Page 108 of 207 EXHIBIT A STATE' F .r ,l lFORM NATURAL AGENCY GRANT AGREEMENT MEN' Urban Greening for .Su;stc inrablo Commuriitles Grant Program Safe Dri nkfdtrg • ,.Wait`er Quality and &up.ply, Mood Cantrell, River and Coastal Protection Bond 11 Act of 2006 (Proposition .64) Grantee Lame: Project Title: i> reemont Number mber Project Scope: City of (National City Paradise Creek !Educational Park. IJ59149 O: Expend existing community space adjacent It Iltini ali Elementary School and Manned development rate liew safe route to school path, an .edible crag niuntly garden ,i and remove dp significant im urlt:of tianrcisk mpe to crests bloswales and a native vegetation I ',:rs. Remove approximately ately 13a560 sq. ft,. asphalt pavin from Hoover Avenue nuua and W..1:9`" Street Establish h approximately 0. 7 acres of native vegetation with temporary irrigation during Its establishment Install an educational! nal! native garden rn'ia:I approximately 500 foot loom. (Murat walk with intorpretllve dements explaining the site's unique Emit flat and: other habitats Establish :appproxima,tely 14,01,1 sq. It or decomposed granite rpature tall suing Paradisa Creek Establish a community .garden for use by both the public anC school c€h lidrorn Irrs!l: ili a cistern to collect and maple rain water Construct a large water quality big r► u to I, retain and treat stem hie i r parka -off The public lic +CHI he able to access tfie new perk elements via now entry gateways installed at W. 19m: Street (west end) and Ha mar Avenue (north and) a ljacarnli try the ark; li uid�'G. Prot act Schedule: ,ApilvitY.,l)escriptic ri.._..__�,._. _..,�.�.M.W..�.._ /eta±tale Ncr + 6r Pr ceu d from State ul r�nl# cogs recorded CEECiA d!,ro„i s tp State ,Submit final al site le l . nsllpeclific adorn to State Submit evidence of' bond acknou+ led2r ent Award a • wardconstruction contract _. .._._ !Mobilization begin c nstrucitan,. restCr:rtiunn, antlior other key' activities. �. _. File Notice of Cormpietlon uwitf COutut r Record MOLL A/Deed Restrictions Document ur:•rnme ntt and Submit Pmject. Closeout package loath final Payment L.FtEguTalt to State aline 30, 20.115 tx November 1L.2016 Decanter 1,, 201111 becrembev 1,, 201'? 109 of 207 a. coscr E'STI:MATE I I UE C3ETT ItL roleet:Eionients; _...._....�_ . w,w.,,w_ w M,,....• _ _ww, 1.A.: Project IlitariataLoant Coati' �,�w,�.,,.,,,. 'Prophet ldl�n�. aarn w .rt urRle �aRptirn 76.'117 i 1 71_1 .81471:. Il ar ltt.Mg w. w M ,w..,wAr...,..._w,.w.1, Environmental permi#tinIC9 t fi „_w.„m.. w�•m w._.,,_,,,,,.�l'i eel aita'!lritprttEeffiettlr., '1€�rtii Pabbe#s),_wwww „..._ c; Outreach . W .w .,,,,_.w,..-_ M .. ibtotal"6`mjks. $1 c t j (noit to eIce 3d.257 0 1t .,,,. „w , w Pg ,; ration :,,.. ww.F . AN.w„� ,.r.w .w w , .w w,, .ww.H._ w 'enr rin a nditione & Mobilization.,.. w� ,ww,.w�.,, . www 1221rrg .1+ fubliing w, Grading ,,. ,....,>_...rw e, ww Yl l m ,�aawr+• ,w . aM 'IFa t+Wi i (flUOn. 0asin� w � tcrrrf#Vvatee 17i1utican''C mrdtrrtl w...,0,,, ./.,w�,r,w,,,.,wr.„�... ,..,,w .. Subtota'1?hSk:2. ..n....w,.,w_.ww...wrwr., ,.,r.w,www r„.mw _,w 1, •anitits a ri t lant.. ptal tishmerr'#.5 w,_... ,.., .,r.,wr.r,ww,w.ww_.,..wrww_ _ Transitional itional Uplands inhoR: letsam.tfort I esirl f ian,fa ,,Mwww, Subtotal Task: wnwr 4So Elo.-._._entsam Trails _ RG Path. w+iV'i:ilkt , 'teie i+,9Mi 1; Edging, Permeable Pavers anti..Gutter., catches Raised. Bede. w.. ,,,,www,.w,www .. . 4 rrnlo�iilt re ai c]L• ;n t arat Bin; t14rt ti ltt r®rr Forces U iltought; it en. Gete Clisfierai�+",�„�agrnp.,„_.,a,Aw,�, .,ww..,�.,�wwr..,.w� ^••�.,,�.,,^,_......_ :-�,w.�w.. into wtr l tiuca i Sl: rtagO,„„ ,w. Subtotal .Task :4 ..� -. 1.4404 _._..._......w . _ ,r,.__ .wm ,,� ww..,� ..,....., ,,,w S. ` ntin • ono y rr• 1 to u»xc rl til l dal, gant)._ __ .,, _ wr G. ,.w: hl ...ww w, . r __ .rwww, _ _ _ _ _ _ _ w rend;,' aai.1 lass.: '' City vutlli provide'lr<raii)ect ris^arari rill:timent a "view at.lte Own eargmarirrse ' t° nitr alined proJect-releteri monsprnentt J orted by d i?laalad iliTme dole will los eligible rnr• rral • a...r,A1r...1wwe Mwr» ,.,w.w,.,.wwewnM„MMNHN..,.„ MMMnMdiMNM4WP. kgre:tmentr U 9i4; 41 rithibit A gage !. 1Pra rx tl'etlttaa l.,C°,:t,y 4 MIME): GarFaenili!9;i. 01P i:i.osal ICv'i�tswRr � 1w,.144,404.4,.,wwa,,.M,.w,...,.Mw ww_ : Grant iN)A TED 125,000 2110 00 .r.rw ww S 00 ,w,r,r,,,wwr.-w,40,0 ,w.,ww,wwwwv 'Y�'1'Si)i3� ,v,rrx-"WWI) �. I) 4O )Oi! .v..w.•..wwr,r,w 91,1&k," .r.x r,r,w..»,.r,� AtiroaanA 'rria 1'1P lA 110 of 207 Recording requested by, and when recorded, return to: State of California Natural Resources Agency Bonds & Grants 1416 Ninth Street, Suite 1311 Sacramento, CA 95814 Space above this line for Recorder's use MEMORANDUM OF UNRECORDED GRANT AGREEMENT/DEED RESTRICTIONS This Memorandum of Unrecorded Grant Agreement/Deed Restrictions (Memorandum), dated as of April 2nd 2019, is recorded to provide notice of an agreement between the State of California, by and through the Natural Resources Agency ("Agency") and the City of National City. RECITALS • On or about April 1st, 2015, Agency and Grantee entered into a certain Grant Agreement, Grant No, U59149-0 ("Grant"), pursuant to which Agency granted to Grantee certain funds for the acquisition or development of certain real property, more particularly described in attached Exhibit A and incorporated by reference (the "Real Property"). • Under the terms of the Grant, Agency reserved certain rights with respect to the Real Property. • Grantee desires to execute this Memorandum to provide constructive notice to all third parties of certain Agency reserved rights under the Grant. NOTICE • The Real Property (including any portion of it or any interest in it) may not be sold or transferred without the written approval of the State of California, acting through the Natural Resources Agency, or its successor, provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained. • The Grantee shall not use or allow the use of any portion of the real property for mitigation without the written permission of the State. • The Grantee shall not use or allow the use of any portion of the real property as security for any debt. • For additional terms and conditions of the Grant, reference should be made to the Grant Agreement, which is on file with the Natural Resources Agency, 1416 Ninth Street, Suite 1311, Sacramento, California 95814. GRANTEE (Authorized Representative): By: 111 of 207 EXHIBIT "A" Legal Description 1VIOUGA PARADISE CREEK PARK A portion of Blocks 45, 46, 83, and 84 as shown on Map No, 348, Filed March 1852 in the Office of the County Recorder of San Diego County, more particularly described as follows: PARCEL 1 COMMENCING at a lead and tag stamped "SD CITY ENG" per Record of Survey No. 14492, filed March 31, 1994 as File No, 1994-0214720, said monument being Point 1278 on said Record of Survey and bears South 01 °54' 18" West 2750.14 feet from a 2 1/2" brass disc in a standard well monument stamped "RCE 27399" being Point 1232 per said Record of Survey No. 14492; Thence North 08°07' 16" West 657.90 feet to a point in the northerly right of way line of 22nd Street; Thence along the centerline of the closed alley in said Block 150, North 17°45'34" West 250.000 feet to a point on the southerly right of way line of 21' Street; Thence along said southerly right of way line North 72°14'26" East 86.05 feet to the beginning of a tangent curve concave southerly and having a radius of 36.00 feet; Thence leaving said right of way line, along said curve easterly 13.23 feet through a central angle of 21 °03' 09" to a point of reverse curvature with a curve concave northwesterly having a radius of 84.00 feet, a radial line of said curve from said point bears North 03°17'35" East; Thence along said curve northerly 194.05 feet through a central angle of 132°21'46" to a point of reverse curvature with a curve concave northeasterly having a radius of 36.00 feet, a radial line of said curve from said point bears North 50°55'49" East; Thence along said curve northerly 13.38 feet through a central angle of 21 ° 17' 22" to a point on the easterly right of way line of Harding Avenue; Thence along said easterly right of way line North 17°46'49" West 250.70 feet to a point on the centerline of 20th Street; Thence along said centerline North 72° 13' 55" East 143.03 feet; Thence leaving said centerline North 17°44'32" West 40.00 feet to a point on the northerly right of way line of 20t" Street; Thence along said northerly right of way line North 72°1355"East 2.00 feet; Thence North 17°44'32" West 150.37 feet to the northerly line of Lot 18 of said Block 109; Thence along said northerly line and its extension North 72°15'28" East 145.02 feet to a point on the centerline of Coolidge Avenue and the TRUE POINT OF BEGINNING; Thence North 72°19'21" East 7.42 feet; Thence South 72°1 l' 18" East 123.81 feet; Thence South 19°53'27" West 149.39 feet; Thence North 72°14'26" East 115.26 feet; Thence North 19°44'16" East 52.25 feet; Thence North 18°14'23" East 172.78 feet; Thence North 23°36'04" East 37.08 feet; Thence North 26°50'07" East 113.93 feet; Thence North 37°25'28" East 70.03 feet; Thence South 72°15'28" West 25.42 feet; Thence North 20°52'00" East 132.80 feet; Thence North 17°46'09" West 86.22 feet; Thence South 72° 14'48" West 195.00 feet; Thence South 17°46'09" East 189.96 feet; Thence South 72°15'30" West 290.00 feet; Thence South 17°46'09" East 140.00 feet to the TRUE POINT OF BEGINNING. 112 of 207 CONTAINING 2.48 Acres, more or less. SUBJECT TO all covenants, rights, right-of-way and easements of record. EXHIBIT "B" is attached and made a part hereto. Peter C. Golding, PLS 4768 License Expires: 3-31-20 113 of 207 THIS PLAT WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT ON MARCH 6, 2019. PETER C, G=WING- — La 4261? I a I ELK 110 / 11111611/ —j ELK 109 N1744'32"W` o S ob28-1 1 150.37' iL N72'143.03' ...L2 20774 ST 1 zt EL J-9-14 ,51 N50 55" 9 ' . ;R. ,i^I NO3 17, 35+r() c� psi rO' L i 67 .ELK 107 FOUND 2 1/2" BRASS DISC IN WELL STAMPED "RCE 27399" PT; 1232 PER ROS 14492. �` � Nam1824, 035. 47 E:?, 298, 132, 69 E }< 86 A%'B 22ND sr. c5j I. FOUND LEAD & TAG STAMPED ' "SD CITY ENG" PT. 1278 PER ROS 14492. P,f� N=1,821,286.85 EXHIBIT " B" E=6,298, 041.27 Li 3L'r 88 FOLK 46 TOTAL PARCEL AREA PARCEL 1 AREA = 2.48 ACRES SCALE 1 "= 200' N 15092 AVENUE OF SCIENCE, SUITE 200 SAN DIEGO, CA 92128 P: 858.385.0500 WWW.NV5.C.OM PARADISE CREEK PARK NATIONAL CITY PREPARED FOR NATIONAL CITY • DATE SUBMITTED: 3-8-10 SHEET NUMBER 1 OF 2 SHEETS 10B NUMBER 226817--0000241.03 N: \226817-0000241-03\CADD\SURVEY\241 _•03_MOUGA_PL.AT.DWG 114 of 207 SCALE 1 "=80' i97H ST .E3L Irk 83 S:72°15'30"W 290.00' PARCEL. 1 NATIONAL. CITY PARADISE CREEK PARK MAP 348 E3L IK 84 115,26' N72°14'26 "E rn ai ro rn co! N. 01' S72'14'48 "W 195.00' L5 Curve # Delta Radius Length C1 21 '03'09" 36.00 13.23 C2 132 21 '46" 84.00 194,05 C3 21 °17'23n 36.00 13.38 L8 N20 52'00 "E 81.61' L9 N37 25'28"E 70.03' E I J 46 LINE BEARING LENGTH L1 N7274'26"E 86.05 L2 •. N17'44'32"W 40.00 L3 N7273'55"E 2.00 L4 N727921 "E Z42 L5 N19 44'16"E 17.23 L6 N19'44'16"E 35.03 L7 N2335'04 "E 37.08 L8 S7275'28"W 25.42 N V S 15092..AVENUE OF SCIENCE, SUITE 200 SAN ULEGO CA 9212S P: 858,X15 0500 WWW.NV5,COM PARADISE CREEK PARK NATIONAL CITY SHEET NUMBER 2 :OF 2 SHEETS PREPARED FOR: NATIONAL CITY DATE SUBMITTED: 11-16-16 JOB NUMBER 226817-0000241.03 N; \226817-- 000024.1-03\CAD[)\SURVEY\241 _03_MOUGA_YLAT.DWG 115 of 207 CC/CDC-HA Agenda 4/2/2019 — Page 116 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit - "Kidz Fest" Community Easter Hunt sponsored by Cornerstone Church of San Diego at 1914 Sweetwater Road on April 21, 2019 from 9:00 a.m. to 4:00 p.m. with no waiver of fees. (Neighborhood Services) Please scroll down to view the backup material. 116 of 207 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 2, 2019 AGENDA ITEM NO. ITEM TITLE: Temporary Use Permit "Kidz Fest" Community Easter Egg Hunt sponsored by Cornerstone Church of San Diego at 1914 Sweetwater Road on April 21, 2019 from 9 a.m. to 4 p.m. with no waiver of fees. PREPARED BY: Dionisia Trejo DEPARTMENT: - . ..orhood Services Department PHONE: (619) 336-4255 APPROVED BY: EXPLANATION: This is a request from the Cornerstone Church of San Diego to conduct an Easter egg hunt at 1914 Sweetwater Road on April 21, 2019 from 9 a.m. to 4 p.m. Set up for the event will commence at 7 a.m. on the day of the event. This event will include an Easter egg hunt for appropriate age groups, face painting, inflatable bouncer slide, rock climbing wall, music stage with monitored sound system and eating areas with tables and chairs. Free games will be provided. In 2018 the organization decided to change the event location from Las Palmas Park to Cornerstone Church of San Diego at 1914 Sweetwater Road to be able to make a closer connection with families. Note: This event was approved by Council in 2017 and 2018 with no waiver of fees. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS City fee of $272.00 for processing the TUP, plus $191.00 for the Fire Inspection. Total fees: $463.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waive of fees or in accordance to City Council Policy 802. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Application for a Temporary Use Permit with recommended conditions of approval. 117 of 2 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 Type of Event UI Fair/Festival ❑ Parade/March ❑ TUP ❑ Sporting Event Event Name & Location ❑ Walk or Run ❑ Concert/Performance 0 Other (specify) Event Title "Kidz Fest" (Community Easter Egg Scramble) Event Location (list all sites being requested) Cornerstone Church of San Diego Event Times Set -Up Starts 7:00am Date 04/21/19 Time Day of Week Sunday Event Starts 9:00am Date 04/21/19 Time Event Ends Date 04/21/19 Breakdown Ends Date 04/21/19 Time 4:00pm Day of Week Sunday Day of Week Sunday Time 6:0Opm Ap • Iicant Information Day of Week Sunday CEIVED FEB 132019 NeighborhoUo _, Ciry of National City Department Applicant (Your name) Shannon Bryant Sponsoring Organization Cornerstone Church Event Coordinator (if different from applicant) N/A Mailing Address 1914 Sweetwater Rd National City 91950 Day Phone 619-425-9333 After Hours Phone 619-841-8082 Cell Fax Public Information Phone 619-425-9333 E-mail shannon@turningthehearts.com Applicant agrees to investigate, defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and all loss, damage, liability, claims, demands, detriments, costs, charges, expense (including attorney's fees) and causes of action of any character which the City, its officers, employees and agents may incur, sustain or be subjected to on account of loss or damage to property or the loss of use thereof and for bodily injury to or death of any persons (including but not limited to the employees, subcontractors, agents and invitees of each party hereto) arising out of or in any way connected to the occupancy, enjoyment and use of any City premises under this agreement to the extent permitted by law. Applicant understands this TUP/special event may implicate fees for City services, which will have to be paid in the City's Finance Department 48 hours prior to the event set-up. The undersigned also understands and accepts the City's refund policy for application processing and facility use and that fees and charges are adjusted annually and are subject to change. Shannon Brant Digitally signed by Shannon Bryant 01/29/19 Signature of Applicant: Y Date:2017.02.15 11:36:48-08'00' Date 1 118 of 207 Special Event Application (continued) Please complete the following "sections with as much; detail as possible since.fees and requirements are based on the jpformatiori you provide us::' Fees/Proceeds/Reporting Is your organization a "Tax Exempt, nonprofit" organization? Yes ❑■ No ❑ Are admission, entry, vendor or participant fees required? Yes ❑ No 0 If YES, p€ease explain the purpose and provide amount (s): $0 event. $ 10,000 Estimated Gross Receipts including ticket, product and sponsorship sales from this Estimated Expenses for this event. $ 0 What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Description of Event ❑ First time event 0 Returning Event ❑ include site map with application Note that this description may be published in our City Public Special Events Calendar: Special areas for appropriate age group egg hunt. Face painting, music and fun for kids. Eating areas with tables and chairs. Free games provided. Estimated. Attendance Anticipated # of Participants: 1500 Anticipated # of Spectators: 1000 2 119 of 207 Traffic Control, Security, First Aid and Accessibility Requesting to close street(s) to vehicular traffic? Yes ❑ No 0 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: El Other (explain) Requesting to post "no parking" notices? Yes El No ❑ Requested "No Parking" on city streets and/or parking lots (list streets/parking lots) (provide map): ❑ Other (explain) Security and Crowd Control Depending on the number of participants, your event may require Police services. Please describe your procedures for both Crowd Control and Internal Security: Cornerstone Church security and traffic ministries. Have you hired Professional Security to handle security arrangements for this event? Yes ❑ No El If YES, name and address of Security Organization Security Director (Name): If using the:services of a professional security firm"AND the event will occur on City:property, please proyi�ie a copy of its insurance certificate, evidencing [lability with limits of ataeast $1 MflGan dollars per .' • o doagg llars`regate� as;welf ;as=arid.:acid,itiona[;:irisuretl-_endo�sement�:namin-`if�eCit g Y,. of National City, its officers, employees, and agents as additional insureds Evidence of insurance.must even Phone: Is this a night event? Yes ❑ No 0 If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: 3 120 of 207 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 ® No ❑ First aid/CPR certified? Yes 0 No El ❑ First aid station to be staffed by professional company. ► Company Accessibility Please describe your Accessibility Plan for access at your event by individuals with disabilities: Event will be held on our property which meets ADA standards. Facility restrooms will be used. Elements of your Event Setting up a stage? Yes ❑ No 0 ❑ Requesting City's PA system ❑ Requesting City Stage; if yes, which size? ❑ Dimensions (13x28) ❑ Dimensions (20x28) ❑ Applicant providing own stage ► (Dimensions) Setting up canopies or tents? 5 # of canopies size 10X10 # of tents size ❑ No canopies/tents being set up Setting up tables and chairs? 0 Furnished by Applicant or Contractor 10 50 # of tables ❑ No tables being set up # of chairs ❑ No chairs being set up El (For City Use Only) Sponsored Events — Does not apply to co -sponsored events # of tables ❑ No tables being set up # of chairs ❑ No chairs being set up Contractor Name Contractor Contact Information Address City/State Phone Number 4 121 of 207 Setting up other equipment? ❑ Sporting Equipment (explain) ❑ Other (explain) ❑ Not setting up any equipment listed above at event Having amplified sound and/or music? Yes 0 No ❑ I PA System for announcements 0 CD player or DJ music O Live Music ► 0 Small 4-5 piece live band ► ❑ Large 6+ piece live band ❑ Other (explain) If using live music or a DJ. ► Contractor Name Cornerstone Worship Ministry ► 1914 Sweetwater Rd National City, CA 619-425-9333 Address Cty/State Phone Number Using lighting equipment at your event? Yes ❑ Nod ❑ Bringing in own lighting equipment ❑ Using professional lighting company ► Company Name Address City/State Phone Number Using electrical power? Yes E No ❑ O Using on -site electricity j] For sound and/or lighting ❑ For food and/or refrigeration • Bringing in generator(s) ❑ For sound and/or lighting ❑ For food and/or refrigeration Vendor lrifoi mate »`" T" " `�'4` • PLEASE NOTE You may be required to apply fora temporary health permit if food or,beverages are` sold of given awayduring your special event.- Also see `Permits and Complianceon page,8 in the Special Event Guide For additional information on obtaining a temporary health permit, please contact the;Courity of. San Diego. Environrnental.HealthAt (619) _3382363 Having food and non-alcoholic beverages at your event? Yes Li No❑ ❑ Vendors preparing food on -site ► # ► Business License # If yes, please describe how food will be served and/or prepared: If you intend to cook food in the event area please specify the method: Propane E GAS ❑ ELECTRIC 0 CHARCOAL LI OTHER (Specify): ❑ Vendors bringing pre -packaged food ► # ► Business License # ❑ Vendors bringing bottled, non-alcoholic beverages (i.e., bottled water, can soda, etc.) ► # ❑ Vendors selling food # ► Business License #(s) ❑ Vendors selling merchandise # ► Business License #(s) 5 122 of 207 ❑ 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 El PLEASE NOTE: In the eventinflatablejumps,: are provided at the event :The [ ity of.National: r.equires:comtnercial liability insurance with limits of at least $1 Million dollars pen: occurrence) 2 Million dollars aggregate. In addition the City of National City must be named as an..Additional insured, pursuant,to_a separate endorsement, which shall be provided by the vendor or its insurer to the City's Risk Manager, along with the_ Certificate of Insurance, for approval prier 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 .aCOPY of the''Facility Use Application', please contact the Engineering/Public Works Department. at (611.9) 336-4580. EJ Inflatable bouncer house # 3 0 Rock climbing wall Height 32' ▪ Inflatable bouncer slide # 3 0 Arts & crafts (Le., craft making, face painting, etc.) El Other Having fireworks or aerial display? Yes ❑ No O Vendor name and license # Dimensions Duration Number of shells Max. size PLEASE:NOTE: do the event fireworks or another aerial display is planned for:your event, The City of National City requires commercial liability insurance with lira tsOf at.least $2 Million dollars per, occurrence/ $4.Million dollars aggregate.`In addition,.the City of National City must be named as an Additional;- Insured,.��� ursuant.to'a separate:: endorsement,• which: shall_ be;provided by;;the vendor or; its:; P 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 displaythe City reserves the right to request higher liability • limits ..The vendor must also obtain a`_fireworks permit from the National City Fire Department and the cost is $502 00 Arranging for media coverage? Yes CI No CI ❑ Yes, but media will not require special set-up ❑ Yes, media will require special set-up. Describe 6 123 of 207 Event Signage PLEASE NOTE:: For City sponsored or co -sponsored. events, banners publicizing the event may be. placed on.the existing poles on the 1800 block and 3100 block of National City Boulevard. ;The banners must be'made to the City's specifications Please refer to the City's;Special Event Guidebook and Fee Schedule for additional information. Are you planning to have signage at your event? Yes ■❑ No E 0 Yes, we will post signage # 1 ❑ Yes, having inflatable signage # ❑ Yes, we will have banners # 2 Dimensions 8x12 ► (complete Inflatable Signage Request form) ❑ What will signs/banners say? Event title, activities, date and hours ❑ How will signs/banners be anchored or mounted? poles Waste Management. PLEASEN9TE One toilet for every,250 people is.required; unless,the applicant can shoal that there" are sufficient facilities iii the immediate area available;to the public during the rifi: Are you planning to provide portable restrooms at the event? Yes E No 0 If yes, please identify the following: ► Total number of portable toilets: f Total number of ADA accessible portable toilets: ❑ Contracting with portable toilet vendor. Company Phone Load -in Day & Time ® Load -out Day & Time ❑ Portable toilets to be serviced. ► Time Set-up, Breakdown; Clean-up Setting up the day before the event? ❑ Yes, will set up the day before the event. ► #r: of set-up day(s) El No, set-up will occur on the event day Requesting vehicle access onto the turf? El Yes, requesting access onto turf for set-up and breakdown (complete attached Vehicle Access Request form) C] No, vehicles will load/unload from nearby street or parking lot. 7 124 of 207 ❑ City to install litter fence ❑ Applicant to install litter fence El N/A Breaking down set-up the day after the event? D Yes, breakdown will be the day after the event. ► # of breakdown day(s) 0 No, breakdown will occur on the event day. How are you handling clean-up? ❑ Using City crews 0 Using volunteer clean-up crew during and after event. ❑ Using professional cleaning company during and after event. Miscellaneous Please list anything important about your event not already asked on this application: Please make a copy of this application for your records. We do not provide copies. 8 125 of 207 Special Events Pre -Event Storm Water Compliance Checklist I. Special Event Information Name of Special Event: Community Easter Egg Hunt Event Address: Cornerstone Church of San Diego Expected # of Attendees: 1500 Event Host/Coordinator: Shannon Bryant Phone Number: 619-425-9333 II, Storm Water Best Management Practices (BMPs) Review YES NO N/A Will enough trash cans provided for the event? Provide number of trash bins: 10 X Will enough recycling bins provided for the event? Provide number of recycle bins: 10 . X Will all portable toilets have secondary containment trays? (exceptions for ADA compliant portable toilets) Do all storm drains have screens to temporarily protect trash and debris from entering? Are spill cleanup kits readily available at designated spots? * A Post -Event Storm Water Compliance Checklist will be completed by City Staff. 9 126 of 207 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: Cornerstone Church of San Diego Person in Charge of Activity; Shannon Bryant Address: 1914 Sweetwater Road National City, CA. 91950 Telephone: Date(s) of Use: HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Digitally signed by Shannon Bryant Signature of Applicant: Shannon Bryant`Date:2017.02.1515:12:35-08`00' Official Title: Date: For Office Use Only Certificate of Insurance Approved Date 10 127 of 207 oo tic "%OM- NS I 4 Sweetwater Rd %orate 4,4f. • ; C' • ,, • • . 4,6 -e• - c " • r Imagery ©2019 Google, Map data 02019 Googie 50 ft bar* arm fire. !tine urtm" Per's KA noa/sectiirl arm CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: Cornerstone Church EVENT: Kidz Fest (Community Easter Egg Scramble) DATE OF EVENT: April 21, 2019 APPROVALS: DEVELOPMENT SERVICES RISK MANAGER PUBLIC WORKS FINANCE FIRE POLICE CITY ATTORNEY COMMUNITY SERVICES NEIGHBORHOOD SERVICES 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 SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 Planning 1. All activities shall comply with the limitations contained in Table III of NCMC Title 12 (Noise). 2. All speakers shall face away from residential properties. Building No comments 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. 12 129 of 207 PUBLIC WORKS (619)366-4580 No involvement FINANCE Cornerstone Church needs to renew their business license. FIRE (619) 336-4550 Inspection Required After Hours Inspection Fee $191.00 Stipulations required by the Fire Department for this event are as follows: 1) Access to the area in and around the buildings shall be maintained at all times. Do not block entrances and emergency roadways. 2) Fire Department access into and through booth areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 2,0 feet and an unobstructed vertical clearance of not less than 14 feet. 3) Fire Hydrants shall not be blocked or obstructed. 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 6) Provide a 2A:10BC fire extinguisher at stage area. Extinguisher to be mounted in a visible location between 31/z`to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. 7) Internal combustion power sources that may be used for inflatables, shall be of adequate capacity to permit uninterrupted operation during normal operating hours. Refueling shall be conducted only when the ride is not in use 8) Internal combustion power sources shall be isolated from contact with the public by either physical guards, fencing or an enclosure. Internal combustion power shall be at least 20 feet away stage area 13 130 of 207 9) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only 10) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all rides, cooking areas, game booths, etc. 11) If tents or canopies are used, the following information shall apply: • Tents having an area from 0-200 square feet shall be $300.00 • Tents having an area more than 201 square feet shall be $600.00 • Canopies having an area from 0-400 square feet shall be no charge. • Canopies from 401-500 square feet shall be $353.00. • Canopies from 501-600 square feet shall be $394.00. • Canopies from 601 or greater shall be $515.00. • Multiple tents and or canopies placed together equaling or greater than the above stated information shall be charged accordingly. • Tents shall be flame-retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Fees can only be waived by the City Council. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet State Fire Marshal approval for cooking. See Fire Marshal for required explanation 12) Concession stands utilized for cooking shall have a minimum of 10 feet of clearance on two sides and shall not be located within 10 feet of tents or canopies. 13) All cooking booths or areas to have one 2A:10BC fire extinguisher. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. See Fire Marshal for required explanation. All fire extinguishers to have a current State Fire Marshal Tag attached. 14) First Aid will be provided by Cornerstone Church of San Diego personnel. 15) Provide inflatable Jumpers/Slide vendors California State Fire Marshal Certificate for Flame Resistance. 16) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of one hundred ($191.00) dollars. 14 131 of 207 POLICE DEPARTMENT The police department has no stipulations regarding this event. CITY ATTORNEY Approved on condition that Risk Manager approves. COMMUNITY SERVICES No involvement NEIGHBORHOOD SERVICES Neighborhood Notifications — Events are required to notify residents and/or businesses of the surrounding impacted areas by the event. The notice shall include the name of the event, name and phone number of the company/organization producing the event, the dates and times of the event (including set-up and breakdown) and a detailed description of how the residents and/or businesses may be affected, such as by street closures, "No Parking" signs being posted, music at the event, etc. 15 132 of 207 133 of 207 CC/CDC-HA Agenda 4/2/2019 — Page 134 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit - Halloween Retail Tent Store hosted by Halloween Express at Westfield Plaza Bonita Mall from August 30, 2019 thru November 4, 2019 with no waiver of fees. (Neighborhood Services) Please scroll down to view the backup material. 134 of 207 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 2, 2019 AGENDA ITEM NO. ITEM TITLE: Temporary Use Permit — Halloween retail tent store hosted by Halloween Express at Westfield Plaza Bonita Mall from August 30, 2019 thru November 4, 2019 with no waiver of fees. PREPARED BY: Dionisia Trejo PHONE: !I(619) 336-4255 EXPLANATION: This is a request from Halloween Express to open a temporary outdoor Halloween retail tent store at Plaza Bonita Mall from August 30, 2019 thru November 4, 2019. Daily hours of operations will be from 10 a.m. to 9 p.m. DEPARTMENT: N APPROVED BY, rhood Services Department This 50 x 150sgft tent will be set-up on the westside parking lot of the mall adjacent to Ring Road within lot number location known as Lot #2. This outdoor tent will provide the community with a wide product selection of seasonal items such as Halloween costumes, decorations, and accessories. At the end of the season, starting November 1st, Halloween Express will have a three day 50 percent liquidation sale. If approved, this temporary structure may require additional permits and inspections from both the Building and Fire Department prior to opening for business. Westfield Plaza Bonita security and the applicant's staff will serve as security during the business and closed hours of operation. Note: This applicant has been approved for this request with no waivers in 2017 & 2018. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. I APPROVED: MIS 'City fee of $272.00 for processing the TUP through various City departments, plus $600.00 for Fire Department and $154.86 for Building. Total fees: $1,026.86 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees or in accordance to City Council Policy 802. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Application for a Temporary Use Permit with recommended conditions of approval. f 135 of 207 4- CALIFORNIA 1 t.: nVCORPORATED _i T pe of Event 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 ❑ Fair/Festival ❑ Parade/March ❑ TUP ❑ Sporting Event Event Name & Location Event Title Halloween Retail Tent ❑ Walk or Run ❑ Concert/Performance ElOther (specify) Retail Sales Event Location (list all sites being requested) Parking Lot 2 at Westfield Plaza Bonita Mall Event Times Set -Up Starts Date 8/16/2019 Time 8:00 AM Day of Week Friday Time 10:00 AM Time 9:00 PM Breakdown Ends 8:00 PM Sunday Date November 10th Time Day of Week Event Starts Date August 30th Event Ends Date November 4th A • . Iicant Information Ri:CE VED FEB 0 7 2019 Friday Neighborhood Services Department Day of Week City of National City Day of Week Monday Applicant (Your name) Halloween Tyme LLC Sponsoring Organization Halloween Express Event Coordinator (if different from applicant) Mathew Fahr Mailing Address 784 Avenida Codorniz, San Marcos, CA 92069 Day Phone 414-803-8989 After Hours Phone 414-803-8989 Cell 414-803-8989 Fax 866 568 665: Public Information Phone E-mail mmfahr@gmail.com Applicant agrees to investigate, defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and all loss, damage, liability, claims, demands, detriments, costs, charges, expense (including attorney's fees) and causes of action of any character which the City, its officers, employees and agents may incur, sustain or be subjected to on account of loss or damage to property or the loss of use thereof and for bodily injury to or death of any persons (including but not limited to the employees, subcontractors, agents and invitees of each party hereto) arising out of or in any way connected to the occupancy, enjoyment and use of any City premises under this agreement to the extent permitted by law. Applicant understands this TUP/special event may implicate fees for City services, which will have to be paid in the City's Finance Department 48 hours prior to the event set-up. The undersigned also understands and accepts the City's refund policy for application processing and facility use ai�i,,ttat fees and charges are adjusted annually and are subject to change. Signature of Applicant: � �� es Date 136 of 207 Special Event Application (continued) 'i:eas`e complete the following sections with as much detail as possible since fees and requirements are ba`sedon the information you provide us. Fees/Proceeds/Re • ortin Is your organization a "Tax Exempt, nonprofit" organization? Yes ❑ No 0 Are admission, entry, vendor or participant fees required? Yes ❑ No 0 If YES, please explain the purpose and provide amount (s): event. $ Estimated Gross Receipts including ticket, product and sponsorship sales from this Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Description of Event ❑ First time event ® Returning Event D include site map with application Note that this description may be published in our City Public Special Events Calendar: t _. Estimated Attendance Anticipated # of Participants: Anticipated # of Spectators: 2 137 of 207 Traffic Control, Securit , First Aid and Accessibilit Requesting to close street(s) to vehicular traffic? Yes ❑ No El 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: 0 Other (explain) Requesting to post "no parking" notices? Yes 0 No I1 ❑ Requested "No Parking" on city streets and/or parking lots (list streets/parking Tots) (provide map): 0 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: Mall Security and Halloween Express Employees Have you hired Professional Security to handle security arrangements for this event? Yes ❑ No ® If YES, name and address of Security Organization Security Director (Name): Phone: 1f 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 occurance/$2 Million dollars aggregate, as well as and additional Insured endorsement naming the City of National City, its officers, employees,and agents as additional insureds. Evidence of insurance must be provided by the vendor or its insurer to the City's Risk. Manager for review and approval prior to the :event. Is this a night event? Yes © No ❑ If YES, please state how the event and surrounding area will be Illuminated to ensure safety of the participants and spectators: Halloween Express Hours are 9:00 AM to 10:00 PM. We will use SDGE Electricity to have Standard Internal Lighting and will use Parking Lot lights as well as some Flood lights and Light tower to illuminate the outside. 3 138 of 207 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 ❑Il No ❑ First aid/CPR certified? Yes ❑ No ❑ ❑ First aid station to be staffed by professional company. ► Company Accessibitit Please describe your Accessibility Plan for access at your event by individuals with disabilities: Attached, please find a map of where the tent will be set up and Halloween Express Two Marked Parking Spots for Disabled Parking Elements of .our Event Setting up a stage? Yes ❑ No 0 ❑ Requesting City's PA system ❑ Requesting City Stage; if yes, which size? ❑ Dimensions (13x28) ❑ Dimensions (20x28) ❑ Applicant providing own stage ► (Dimensions) Setting up canopies or tents? # of canopies size one # of tents size 7500 sq f ❑ No canopies/tents being set up Setting up tables and chairs? ❑ Furnished by Applicant or Contractor # of tables ❑ No tables being set up # of chairs ❑ No chairs being set up ❑ (For City Use Only) Sponsored Events — Does not apply to co -sponsored events # of tables ❑ No tables being set up # of chairs ❑ No chairs being set up Contractor Name Contractor Contact Information Address City/State Phone Number 4 139 of 207 Setting up other equipment? ❑ Sporting Equipment (explain) ❑ Other (explain) El Not setting up any equipment listed above at event Having amplified sound and/or music? Yes ❑ No 11 ❑ PA System for announcements ❑ CD player or DJ music ❑ Live Music ► ❑ Small 4-5 piece live band ! ❑ Large 6+ piece live band El Other (explain) If using live music or a DJ. ► Contractor Name ► Address City/State Phone Number Using lighting equipment at your event? Yes ❑ No El ❑ Bringing in own lighting equipment ❑ Using professional lighting company ► Company Name Address City/State Using electrical power? Yes ❑1 No ❑ Using on -site electricity ❑ Bringing in generator(s) Vendor, information ❑ For sound and/or lighting ❑ For sound and/or lighting Phone Number O For food and/or refrigeration ❑ For food and/or refrigeration PLEASNOT.:YOV.Mey be required to apply for a temporary healthpermit if food or beverages are sold of given awayduring your special event, Also see 'Permits and .Compliance' on page 8 in the Special, Eveht Guide.. For additional information on obtaining a temporary health permit, please contact tho County of San Diego Environmental Hearth at (619) 338.2363. Having food and non-alcoholic beverages at your event? Yes ❑ Nog ❑ Vendors preparing food on -site ► # ► Business License # If yes, please describe how food will be served and/or prepared: If you intend to cook food in the event area please specify the method: D GAS ❑ ELECTRIC ❑ CHARCOAL 0 OTHER (Specify): ❑ Vendors bringing pre -packaged food Is # ► Business License # O Vendors bringing bottled, non-alcoholic beverages (i.e., bottled water, can soda, etc.) ► ## ❑ Vendors selling food # ► Business License #(s) O Vendors selling merchandise # ► Business License #(s) 5 140 of 207 ❑ Food/beverages to be handled by organization; no outside vendors ❑ Vendors selling services # P Business License #(s) ► Explain services ❑ Vendors passing out information only (no business license needed) # ® Explain type(s) of information ❑ No selling or informational vendors at event Having children activities? Yes ❑ No El PLEASE NOTE;_ In the event inflatable jumps are provided at the event, The City of National City requires commercial liability insurance with limits of at least $'l Million dollars per occurrence/$2 Million dollarsaggregateIn 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 Managerialong with the Certificate of Insurance, for approval prior to the event. The application should 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/Pa& Works Department at (619) 336-4580. ❑ Inflatable bouncer house # ❑ Rock climbing wail Height ❑ Inflatable bouncer slide # ❑ Arts & crafts (i.e., craft making, face painting, etc.) ❑ Other Having fireworks or aerial display? Yes ❑ No ❑■ ❑ Vendor name and license # Dimensions Duration Number of shells Max. size PLEASE'NOTEnIn 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 iillion 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 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 )lability limits. The vendor must also obtain a fireworks permit from the National City Fire Departmenta.i.d.the cost is $502.00 Arranging for media coverage? Yes ❑ NoI ❑ Yes, but media will not require special set-up ❑ Yes, media will require special set-up. Describe 6 141 of 207 M• • PLEASE NOTE:: : For: City sponsored or co -sponsored events, banners publicizing the event may be placed on the existing poles on the 1800 block and 3100 block of National City Boulevard. The banners rnust be made to..tte 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 ❑ 0 Yes, we will post signage # Dimensions ❑ Yes, having inflatable signage # ID Yes, we will have banners # Is (complete Inflatable Signage Request form) 0 What will signs/banners say? Halloween Express ❑ How will signs/banners be anchored or mounted? The banners will be fastened to the tent with bolts Waste Mena ement PLEASENOTE 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 El No Cl if yes, please identify the following: ► Total number of portable toilets: Two it -Total number of ADA accessible portable toilets: One ❑ Contracting with portable toilet vendor. ► Diamond Environmental Services 8/19/2019 Company Phone ► Load -in Day & Time ► Load -out Day & Time 11/11/2019 ❑ Portable toilets to be serviced. Time Twice a week Set-up, Breakdown, Clean. -up Setting up the day before the event? 0Yes, will set up the day before the event. ► # of set-up day(s) 14 days ❑ 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) 0 No, vehicles will load/unload from nearby street or parking lot. 7 142 of 207 NPDES-Litter Fence. ❑ City to install litter fence ❑ Applicant to install litter fence ❑11 NIA Breaking down set-up the day after the event? ■❑ Yes, breakdown will be the day after the event. Iv-# of breakdown day(s) 6 days ❑ No, breakdown will occur on the event day. How are you handling clean-up? ❑ Using City crews ® Using volunteer clean-up crew during and after event. ❑ Using professional cleaning company during and after event. Miscellaneous Please list anything important about your event not already asked on this application: Please make a copy of this application for your records. We do not provide copies. 8 143 of 207 Special Events Pre -Event Storm Water Compliance Checklist I. Special Event Information Name of Special Event: Halloween Tyme LLC dba Halloween Express Event Address: 3030 Plaza Bonita Road Expected # of Attendees: Event Host/Coordinator: Phone Number: II. Storm Water Best Management Practices (BMPs) Review YES NO N/A 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: i Will all portable toilets have secondary containment trays? (exceptions for ADA compliant portable toilets) ,7 Do all storm drains have screens to temporarily protect trash and debris from entering? Are spill cleanup kits readily available at designated spots? * A Post -Event Storm Water Compliance Checklist will be completed by City Staff, 9 144 of 207 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. The insurance company issuing the insurance policy must have a A.M. Best's Guide Rating of A:VII and that the insurance company is a California admitted company; if not, then the insurance policy to the issuance of the permit for the event. The Certificate Holder must reflect: City of National City Risk Management Department 1243 National City Boulevard National City, CA 91950 Organization: Halloween Tyme LLC dba Halloween Express Person in Charge of Activity: Mathew Fahr Address: 784 Avenida Codorniz, San Marcos, CA, 92069 Tel ephone: 414-803-8989 August 15, 2019 to Novi Date(s) of Use: HOLD HARMLESS AGREEMENT As a condition of the issuance of a ternporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors Signature of Applicant: ��.. Z Official Title: Date: For Office use Only Certificate of Insurance Approved Date 10 145 of 207 A CaRti f...•' CERTIFICATE OF LIABILITY INSURANCE DATE (MMIODIYYYY) 2/1/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION 1S WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER ISU Davidson Insurance Group - Olathe _ 15416 S. Darnell St Olathe KS 66062 CONTAC I NAME: Gene Brake �IOCNNo, Est): 9139095432 FAX Noy: ADDRESS: .g.brake@davidsoninsurance.net INSURERS) AFFORDING COVERAGE NAIL # INSURER A : COVINGTON SPECIALTY INS CO 13027 INSURED Halloween Tyme, LLC 784 Avenida Codorniz San Marco CA 92069 INSURER B : HARTFORD ACCIDENT AND INDEMNITY CO. 22357 INSURER C : INSURER D : INSURER E : INSURER F : CERTIFICATE NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE NSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IL7q TYPE OF INSURANCE AWL INSD SUMS WVD POLICY NUMBER PULICY EFh SMMIDD!YYYY) POLIUr tXP (MM/OD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY VBA511357 01/01/2019 01/01/2020 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE XUA OCCUR )P, IURkNI kU PREMISES (Ea occurrence) $ 100,000 MED EXP (My ono person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L X AGGREGATE LIMIT APPLIES PER: POLICY . 708■ LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ AUTOMOBILE — LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED `SCHEDULED — _ AUTOS NON -OWNED AUTOS ONLY COM(WNkU S(NULL LIMI t (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per ( ) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB i OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNDED? CUTIVE�57WECZT9765 EXCLUDED? I I (Mandatory {MandnEary in NH) dyes, describe under pESCRIPTION OF OPERATIONS below N / AE.L. 01/01/2019 01/01/2020 X STATUTEI ER H. E.L. EACH ACCIDENT $ 1,000,000 DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE- POLICY LIMIT $ 1,000,000 A Property Coverage VBA511357 01/01/2019 01/01/2020 Limit Ded 25,000 1,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES IACORD 101, Additlonal Remarks Schedule, may be attached If more space Is required) The City ofNatlonel City, it's afaoials, agents, and employees aro Additional Insured's as respects to the General Liability as per written contract. Waiver of Subrogation In favor of City ofNet/onat City whero allowed by state law. CERTIFICATE HOLDER CANCELLATION City of National City Risk Management Department 1243 National City Blvd I National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Oayjr.e, Orate, ACORD 25 (2016/03) @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 11 146 of 207 Release and Hold Harmless Agreement THE UNDERSIGNED HEREBY AGREES THAT: In consideration for Temporary Use Permit to erect a retail Halloween Tent in the shopping center commonly known as Westfield Plaza Bonita at 3030 Plaza Bonita Road in National City California, the undersigned, on behalf of itself and its next of kin and anyone claiming through the undersigned, hereby releases, and forever indemnifies and hold harmless the City of National City and its officials, employees, agents and volunteers from any and all damages, losses, claims, demands, liabilities, obligations, actions and causes whatsoever, whether known or unknown, whether liability be direct or indirect, liquidated or unliquidated, whether absolute or contingent, foreseen or unforeseen, suspected or unsuspected, anticipated or unanticipated, disclosed or undisclosed, and whether or not heretofore asserted, upon or by reason or as a result of the use of or access to the Premises from and after the date hereof regardless of how such injury may arise, regardless of who is at fault or whose negligence caused such injury. COMPANY: Halloween Tyme LLC, dba Halloween Express NAME: Mathew Fahr TITLE: Member ADDRESS: 784 Avenida Codorniz, San Marcos, California, 92069 _ TELEPHONE NUMBER: 414-803-8989 SIGNATURE: DATE: 2-8-2019 12 147 of 207 January 8, 2019 City ofNational City Attention: Vianey Rivera Nieghborhood Service Division 1243 National City Boulevard National City, California 91950-4301 Re: Temporary Use Permit Halloween Express (Halloween Tyme) — Westfield Plaza Bonita To whom it may concern: I hereby authorize Matthew Fahr, acting as representative of Halloween Tyme, LLC, to operate a business known as Halloween Express in parking lot #2 at Westfield Plaza :Bonita during the dates of August 15, 2019 —.November 10, 2019. Matthew Fahr has permission to install temporary power to poles in parking lot #2 to provide power during the temporary use time if adequate power is not already in place. Matthew Fahr will obtain all neeessaty permits from National City for occupancy at Westfield Plaza Bonita. Please feel free to call me if you have any questions at 619.267.2850. Thank ym... fiVkiPLAZA BONITA 3030 Plaza Bonita Road #2075 National City, CA 91950 13 1 48 of 207 9WEEii EXPSS 4 1 Halloween Tyme LLC. dba Halloween Express 784 Avenida Codorniz San Marcos, CA 92069 T.414-OOJ3-8989 F. 866-568-6655 Email. mrnfahr@gniall.c«nr Date: February 10, 2019 To: City of National City From: Halloween Tyme LLC Subject: Halloween Express Plan of Operation Halloween Express is excited to have the opportunity to enter into a tentative lease agreement with Westfield to set up a 50ft.by 150ft. tent at their Plaza Bonita Mall, in the City of National City. This agreement is contingent on permitting. We are requesting that the City of National City, grant us a. temporary use permit to allow the tent to be set-up from August 15th to November loth, 2019, Halloween Express's initial set up is a two week process. It includes permitting and inspection, hiring and training, coordination with tent delivery & set up team, fixture building, product inventory set up and new inventory delivery. These steps are all subject to a domino effect that requires each part of the process to start and complete before the next steps can be taken. At the end of the season, starting November 15`, Halloween Express has a three day 50 percent Iiquidation sale as well as three days of product inventory, fixture tear down and clean up. The final step is a two day tent tear down, therefore it is a eight day closing process. In order to ensure the tent is successful and presents a wonderful seasonal attraction to the community, Halloween Express is committed to have great product selection and great customer service. We employ about 20 to 25 part time and full time employees that will be working to complete and run the tent throughout the season. We will be open daily in September from 10:00 a.m. to 9:00 p.m. and in October from 9:00 a.m. to 10:00 p.m.. Halloween Express will have significant product cost, fix cost and set up expenses. In order to retrieve our costs and be competitive in the area, we will need to be open throughout September and October. We would appreciate for the city to consider our application for Temporary use permit to set up a tent from August l5111to Nov 10t 2019. Sincerely Yours, ..f Mathew Fahr Halloween Tyme LLC 14 149 of 207 L(1) HANDICAPPED PARKING SPACE (1) VAN ACCESSIBLE HANDICAPPED PARKING SPACE ' 1) STANDARD PORT-A-JON `(1) HANDICAPPED PORT-A-JON (1) HAND WASH STATION �.F 2016 Googie © 2016 INEGI Gosie earth feet 400 meteret 100 1ALLOWEEN EXPRESS TENT LOCATION SOFT X 150FT 8/15/19 - 11 /10/19 15 150 of 207 L0Z to LS L HALLOWEEN EXPRESS TENT 15o' X SO' all S119- 11110/19 ra o Westfield, LLC Ma`wW�alegnNg' sC�ygwypq qMr��� AS -IS SITE PLAN SCALE Wesifiek! Plaza Bonita PLAZA SONETA S HALLOWEEN EXPRES 373 PLAZA BONITATENT - OUTSIDE LAYOUT MACY'S / ENTRANCE side 1H'"14%,QppWE�T+'_)�' Pi.P+T PSS ROAD side 11^1,1-.00Wgg1* P >FrPSS OUTBACK side COSTUMES ROAD side DECORATIONS 114N1 9WEEI F T'RE$S 1-154,L01A/`>E grl IgW.PITFSS HALLOWEEN EXPRES 373 PLAZA BONITA - OUTSIDE LAYOUT TOP OF TENT • OUTBACK STEAKHOUSE TENT STRUCTURE GRID WALL 6' t---14---6'-01 6' I 1 1 6' _ 20'--+ r (1) STANDARD PORT-A-NDN (1) HANDICAPPED PORT-A-1ON (1) WASHSTATION T 7' 1 „ rtEw LFIN1100±®2J STANDARD 5N$1AAD STANDARD HANDICAPPED .'OPENING 1 1 1 I 1 1 1 1 1 1 1 T II 11 1 1 6' f' 6'-4 I I I I 14-6'—•I 6' -I-T I I I I I 9 NO PARKING WITHIN 20FTOFTENT 1 1 1 FIRE EXTINGUISHER EXIT SIGN (BACKLIT W/ BATTERY BACK-UP) T 6' I I T 7' T 18' STORAGE 30' 4 n • • • • • • • • • • • • • • • • • • • e • • a • • • e • DRAWN BY: HALLOWEEN EXPRESS MMc 15M X 45M CLEARSPAN STRUCTURE DATE: (ENTRANCE ON LONG SIDE) 02-05-2019 PLAZA BONITA MALL TENT CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: Halloween Express EVENT: Halloween Retail Tent DATE OF EVENT: August 30, 2019 to November 4, 2019 APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO RISK MANAGER YES [ x ] NO PUBLIC WORKS YES [ x ] NO FINANCE YES [ x ] NO FIRE YES [ x ] NO POLICE YES [ x ] NO CITY ATTORNEY YES [ x ] NO COMMUNITY SERVICES YES [ x ] NO NEIGHBORHOOD SERVICES YES [ x ] NO SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: CITY ATTORNEY Approved on condition that Risk Manager approves. COMMUNITY SERVICES No involvement NEIGHBORHOOD SERVICES Neighborhood Notifications — Events are required to notify residents andlor businesses of the surrounding impacted areas by the event. The notice shall include the name of the event, name and phone number of the company/organization producing the event, the dates and times of the event (including set-up and breakdown) and a detailed description of how the residents and/or businesses may be affected, such as by street closures, "No Parking" signs being posted, music at the event, etc. 20 155 of 207 DEVELOPMENT SERVICES (619) 336-4318 Building The applicant will be required to submit 4 sets of plans which comply with the 2016 California Building and Fire Codes. Section 3103.1 General state the following: The provisions of Sections 3103.1 through 3104.4 shall apply to structures erected for a period of less than 180 days. Tents and other membrane structures erected for a period of Tess than 180 days shall comply with the California Fire Code. Those erected for a longer period of time shall comply with the applicable sections of this code. Section3103.1.1 Conformance. Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of this code as necessary to ensure public health, safety and general welfare. Sections 3103.1.2 through 3103.4 call out details as to what shall be required, such as permits, construction documents, locations of structures and means of egress. Please have the applicant submit 4 sets of plans to the Building Division for review, the plan review fee will be based on the proposed structure, plan review times are typically 30 days. The fee will be an hourly fee. We can't give you a set price because it is based on how many submissions will be required to be reviewed. It will be at least one hour at $154.86 If anyone has any questions please let us know, thank you. Planning No comments Engineering No comments POLICE DEPARTMENT The police department does not have any stipulations. FINANCE No comments 21 156 of 207 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 FIRE (619) 336-4550 $60k0.00 TENT FEE Stipulations required by the Fire Department for this event are as follows: 1) Access to the area to be maintained at all times, entrances and emergency roadways. 2) Fire Department access into and through event areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not Tess than 20 feet and an unobstructed vertical clearance of not Tess than 14 feet 3) Fire Hydrants shall not be blocked or obstructed 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s) 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s) 22 157 of 207 6) If tents or canopies are used, the following information shall apply: • Tents having an area from 0-200 square feet shall be $300.00 • Tents having an area more than 201 square feet shall be $600.00 • Canopies having an area from 0-400 square feet shall be no charge. • Canopies from 401-500 square feet shall be $353.00. • Canopies from 501-600 square feet shall be $394.00. • Canopies from 601 square feet or greater shall be $515.00. • Multiple tents and or canopies placed together equaling or greater than the above stated information shall be charged accordingly. • Tents shall be flame-retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Fees can only be waived by the City Council. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained 7) A tent shall not be located within 20 feet of lot lines, buildings, other tents, canopies or membrane structures, parked vehicles or internal combustion engines. For the purpose of determining required distances, support ropes and guy wires shall be considered as part of the temporary membrane structure, tent or canopy 8) Provide a minimum of 2A:10BC fire extinguishers inside tent area. Extinguisher to be mounted in a visible location between 3'/2`to 5' from the floor to the top of the extinguisher (See Attached). Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. A sign describing location of extinguisher (Fire Extinguisher) shall be placed immediately above the fire extinguisher 9) Exit openings from tents shall remain open and identified unless covered by a flame —resistant curtain. The curtain shall comply with the following: • Curtains shall be free sliding on a metal support. The support shall be a minimum of 80 inches above the floor level at the exit. Then curtains shall be so arranged that, when open, no part of the curtain obstructs the exit • Curtains shall be of a color, or colors, that contrast with the color of the tent 10) In public tent areas, smooth surfaced, unobstructed aisles having a minimum width of not less than 44 inches shall be provided from seating areas, and aisles shall be progressively increased in width to provide, at all points, not less than 1 foot of isles width for each 50 persons served by such aisles at the point 11) The arrangement of aisles shall be subject to approval by the fire code official and shall be maintained clear at all times during occupancy 23 158 of 207 12) All chairs used for seating inside tent shall be secured to one another using approved chair binding methods 13) Exits shall be clearly marked. Exit signs shall be installed at required exit doorways and where otherwise necessary to indicate clearly the direction of egress when the exit serves and occupant of 50 or more 14) Exit signs shall be GREEN in color and shall be of an approved self-lumination type or shall be internally or externally illuminated by luminaries supplied in the following manner: • Two separate circuits, one of which shall be separated from all other circuits, for occupant loads of 300 or Tess 15) Means of egress shall be illuminated with Tight (Bug Eyes) having an intensity of not Tess than 1 foot-candle at the floor level while the structure is occupied. Fixtures required for means of egress illumination shall be supplied from a separate circuit or source of power 16) Exits, aisles and passageways shall not be blocked, locked or otherwise obstructed, and shall have their minimum clear width available at all times 17) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. Consult building official for requirements and inspection of electrical 18) Vehicles shall be isolated from contact with the tents or canopies, Vehicles shall be at least 20 feet away from tents or canopies 19) Every room or space, shall have the occupant load of the tent or space posted in a conspicuous place, near the main exit or exit access doorway from the room or space. Posted signs shall be of an approved legible permanent design and shall be maintained by the owner or authorized agent. The maximum occupant load of this space shall be based on room set-up and items placed inside tents or canopies. The maximum occupancy Toad shall posted by the Building or Fire Official based on room configuration. At no time shall the owner or agent allow the posted occupant load to be exceeded. Occupant load sign shall be clearly visible at all times, (Looks to be 125 total Occupant load 20) Smoking shall not be permitted in tents, canopies or membrane structures. Approved "No Smoking" signs shall be conspicuously posted 21) Spot or effect lighting shall only be by electricity, and all combustibles construction located within 6 feet of such equipment shall be protected with approved noncombustible insulation not less than 9.25 inches thick 24 159 of 207 22) There shall be a minimum clearance of at least 3 feet between the fabric envelope and all contents located inside the tent structure 23) The floor surface inside tents and canopy structures and grounds outside and within a 30-foot perimeter shall be kept clear of combustible waste. Such waste shall be stored in approved containers until removed from the premises. Combustible waste shall be removed from the structure as necessary and daily to meet code 24) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event 25) Please contact the National City Fire Department to arrange a time for inspection. Periodic inspections will be conducted by the Fire Department for this event. 26) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of two hundred 0$191.00) dollars. 27) Fire Department fees can only be waived by City Council 28) All Jumpers, Bounce Houses, Inflatables, Stage coverings etc. shall have a Certificate of State Fire Marshal flame resistance shall be provided to the National City Fire Department before the event. If you have any questions please feel free to contact me. 25 160 of 207 161 of 207 CC/CDC-HA Agenda 4/2/2019 — Page 162 The following page(s) contain the backup material for Agenda Item: Warrant Register #34 for the period of 02/13/19 through 02/19/19 in the amount of $248,456.19. (Finance) Please scroll down to view the backup material. 162 of 207 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 2, 2019 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #34 for the period of 02/13/19 through 02/19/19 in the amount of $248,456.19. (Finance) PREPARED BY:Karla Apalategui, Accounting Assistant DEPARTMENT: Finance PHONE: 619-336-4572 EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 02/13/19 through 02/19/19. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation TSC Group Inc 340900 54,222.75 Purchase 28'x68' Modular Building / Fire APPROVED BY: Adminsure Inc 320880 64,570.01 W/C Account Replenishment / Jan 19 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $248,456.19. APPROVED: FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Ratify warrants totaling $248,456.19 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 34 163 of 207 CALIFORN1A+�__ PAYEE ABLE PATROL & GUARD AMAZON BAKER & TAYLOR BOOT WORLD BOUND TREE MEDICAL LLC BRODART CO BRODART CO CAL UNIFORMS INC CALIFORNIA ASSOCIATION OF CODE CALIFORNIA COMMERCIAL SECURITY CASAS, LAURA CEKANDER, L CHEN RYAN ASSOCIATES INC CLF WAREHOUSE INC COUNTY OF SAN DIEGO DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP D-MAX ENGINEERING ENTERPRISE FLEET MANAGEMENT FACTORY MOTOR PARTS G & A AUTOMOTIVE INC GRAINGER HEARTSMART.COM IRON MOUNTAIN KIMLEY HORN L N CURTIS & SONS LASER SAVER INC LIEBERT CASSIDY WHITMORE LIEU, C LIFE ASSIST INC LOPEZ, TERESA YOLANDA MASON'S SAW MCDOUGAL LOVE ECKIS MICRONICHE INC MIDWEST TAPE NATIONAL CITY TROPHY OFFICE TEAM ORANGE COUNTY SHERIFF'S T D PARTS AUTHORITY METRO LLC POWERSTRIDE BATTERY CO INC PRO BUILD COMPANY PRUDENTIAL OVERALL SUPPLY RANDALL LAMB ASSOCIATES INC SDG&E SITEONE LANDSCAPE SUPPLY LLC NATIONAL CI?? ?ATCORPQRAT813 . WARRANT REGISTER # 34 2/19/2019 DESCRIPTION SECURITY GUARD SERVICES JAN 2019 BOOKS AS NEEDED FOR 12/15/18 BOOKS AS NEEDED FOR JAN 17, 2019 MOP 64096 SAFETY BOOTS - PW CPR TRAINING MANIKINS / FIRE BOOKS / LIBRARY BOOKS / LIBRARY STATION UNIFORMS, RECRUITS - FIRE CACEO MEMBERSHIP YEAR 2019 - NSD MOP 45754 GENERAL SUPPLIES - PW MEETING TRANSLATION FEB 12, 2019 TRAINING REIMBURSEMENT GEO PRO / PD PARKING CONSULTANT SERVICES MOP 80331 AUTO SUPPLIES - PW MAIL SERVICES FOR DEC 2018 LIABILITY CLAIM COST LX-300-0038-17 LIABILITY CLAIM COST LP-100-0022-18 LIABILITY CLAIM COST LX-500-0029-17 LIABILITY CLAIM COST LX-100-0037-18 CALFIRE URB PLAN NOV 2018 - JAN 2019 ENTERPRISE FLEET LEASE - ENG MOP 82766 AUTO SUPPLIES - PW MOP 72665 AUTO SUPPLIES - PW MOP 65179 GENERAL SUPPLIES - PW DEFIBRILLATION PADS / FIRE MONTHLY MN STRG CHARGE FEB 2019 EL TOYON IRRIGATION SVC DEC 31, 2018 DUAL PRESSURE NOZZLE / FIRE MOP 45725, FIRE CHARGES LIABILITY CLAIM COST THRU DEC 2018 REIMB FOR TUTOR EVENT JAN 17, 2019 ECONOMY RING CUTTER / FIRE MEETING TRANSLATION FEB 12, 2019 MOP 45729 LANDSCAPE SUPPLIES - PW LIABILITY CLAIM COST THRU DEC 2018 ANNUAL RENEWAL FEE 3/01/19 - 3/01/20 AUDIO VISUAL MATERIALS NOV 27, 2018 MOP 66556 GENERAL SUPPLIES - PW OFFICETEAM TEMP SVC / NSD TRAINING FTO UPDATE TUITION/ GARCIA MOP 75943 AUTO SUPPLIES - PW MOP 67839 GENERAL SUPPLIES - PW MOP 45707 OFFICE SUPPLIES - PW MOP 45742 LAUNDRY SERVICES - PW CONTRG SUPPORT 12/17/18 THRU 01/13/19 GAS & ELECTRIC UTILITIES - PW MOP 69277 LANDSCAPE SUPPLIES - PW CHK NO 340847 340848 340849 340850 340851 340852 340853 340854 340855 340856 340857 340858 340859 340860 340861 340862 340863 340864 340865 340866 340867 340868 340869 340870 340871 340872 340873 340874 340875 340876 340877 340878 340879 340880 340881 340882 340883 340884 340885 340886 340887 340888 340889 340890 340891 340892 340893 DATE 2/19/19 2/19/19 2/19/19 2/19/19 2/19/19 2/19/19 2/19/19 2/19/19 2/19/19 2/19/19 2/19/19 2/19/19 2/19/19 2/19/19 2/19/19 2/19/19 2/19/19 2/19/19 2/19/19 2/19/19 2/19/19 2/19/19 2/19/19 2/19/19 2/19/19 2/19/19 2/19/19 2/19/19 2/19/19 2/19/19 2/19/19 2/19/19 2/19/19 2/19/19 2/19/19 2/19/19 2/19/19 2/19/19 2/19/19 2/19/19 2/19/19 2/19/19 2/19/19 2/19/19 2/19/19 2/19/19 2/19/19 AMOUNT 2,626.80 20.61 2,241.33 600.07 1,274.62 421.02 15.43 3,342.80 95.00 116.82 50.00 233.28 11,132.50 299.12 1,874.16 4,814.32 2,708.40 2,663.75 703.00 435.00 15,247.30 54.44 267.20 783.96 861.30 185.40 997.30 12,305.53 304.28 96.00 12.36 288.19 160.00 384.49 2,607.50 900.00 1,957.93 81.56 477.80 65.00 166.03 43.41 3,056.72 589.61 2,025.00 1,991.85 1,265.45 1/2 164 of 207 CALIFORNIA+�__ PAYEE SORIANO, R SOUTHERN CALIF TRUCK STOP STAPLES BUSINESS ADVANTAGE SUPERIOR READY MIX TELLEZ, J THE SHERWIN WILLIAMS CO TSC GROUP INC U S BANK UNDERGROUND SERVICE ALERT VISTA PAINT WAXIE SANITARY SUPPLY WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY YBARRA, A YBARRA, A YOUNG, G ZOLL MEDICAL CORP WIRED PAYMENTS ADMINSURE INC ARCO BUSINESS SOLUTIONS PAYCHEX BENEFIT TECH INC SECTION 8 HAPS NATIONAL CI?? ?ATCORPQRAT8D . WARRANT REGISTER # 34 2/19/2019 DESCRIPTION SUPERVISOR ACADEMY MILE REIMB / NSD MOP 45758 GENERAL AUTO SUPPLIES - PW MOP 45704 OFFICE SUPPLIES - PW CONCRETE DELIVERY SVCS JAN 24, 2019 TRAINING 2019 SYMP ADV LDG TELLEZ MOP 77816 OFFICE SUPPLIES - PW 28'X68' MODULAR BUILDING / FIRE REIMBURSEMENT ENGINEERING 148 NATO1 NEW TICKET CHARGES MOP 68834 TRAFFIC PAINT— PW MISC JANITORIAL SUPPLIES - PW MOP 63850 GENERAL SUPPLIES - PW MOP 45763 GENERAL SUPPLIES - PW TRAINING ADV POST SUB SLI 7/A Y TRAINING REIMBURSEMENT SLI 8/YBARRA TRAINING ADV LDG TRNG SYMPOSIUM GRAHAM ECG CABLE - FIRE W/C ACCOUNT REPLENISHMENT JAN 2019 FUEL FOR CITY FLEET JANUARY 2019 BENETRAC ESR SVCS BASE FEE FEB 2019 Start Date 2/13/2019 End Date 2/19/2019 GRAND TOTAL CHK NO DATE 340894 2/19/19 340895 2/19/19 340896 2/19/19 340897 2/19/19 340898 2/19/19 340899 2/19/19 340900 2/19/19 340901 2/19/19 340902 2/19/19 340903 2/19/19 340904 2/19/19 340905 2/19/19 340906 2/19/19 340907 2/19/19 340908 2/19/19 340909 2/19/19 340910 2/19/19 A/P Total 320880 2/13/19 320883 2/13/19 389122 2/15/19 AMOUNT 106.82 241.08 852.35 721.93 771.26 51.82 54,222.75 114.23 408.66 474.79 2,310.34 299.04 86.98 384.00 78.09 771.26 600.84 145,339.88 64,570.01 26,553.01 517.65 11,475.64 $ 248,456.19 2/2 165 of 207 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 STEPHEN MANGANIELLO, ACTING CITY MANAGER FINANCE COMMITTEE ALEJANDRA SOTELO-SOLIS, MAYOR -CHAIRWOMAN RONALD J. MORRISON, VICE -MAYOR MONA RIOS, COUNCIL MEMBER JERRY CANO, COUNCIL MEMBER GONZALO QUINTERO, COUNCIL 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 2nd OF APRIL, 2019. AYES NAYS ABSENT 166 of 207 CC/CDC-HA Agenda 4/2/2019 — Page 167 The following page(s) contain the backup material for Agenda Item: Warrant Register #35 for the period of 02/20/19 through 02/26/19 in the amount of $2,007,614.26. (Finance) Please scroll down to view the backup material. 167 of 207 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 2, 2019 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #35 for the period of 02/20/19 through 02/26/19 in the amount of $2,007,614.26. (Finance) PREPARED BY:Karla Apalategui, Accounting Assistant DEPARTMENT: Finance PHONE: 619-336-4572 EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 02/20/19 through 02/26/19. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Ameresco Inc 340915 108,600.08 Energy Services Agreement Bert W Salas Inc 340920 80,912.92 Las Palmas Parkstorm Drain Repair Health Net Inc 340941 71,510.94 Group R1192A Jan 2019 Public Emp Ret System 2212019 237,499.10 Service Period 01/15/19 — 01/28/19 Public Emp Ret System 2262019 240,083.76 Service Period 01/29/19 — 02/11/19 APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $2,007,614.26. APPROVED: FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Ratify warrants totaling $2,007,614.26 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 35 1 Ceti Oi 2U7 PAYEE ACME SAFETY & SUPPLY CORP DEL AMO MOTORSPORTS OF SD REBOLLEDO, YESSENIA ACE UNIFORMS & ACCESSORIES INC AMERESCO INC ASSI SECURITY INC AT&T AT&T AT&T BERT W SALAS INC BETTER IMPACT USA INC BEVERIDGE, M BLACK, N CALIXTO, R CANON SOLUTIONS AMERICA INC. CITY CLERKS ASSOCIATION OF CA CITY OF NATIONAL CITY CORELOGIC SOLUTIONS LLC COUNTY OF SAN DIEGO COX COMMUNICATIONS COX COMMUNICATIONS CSA SAN DIEGO COUNTY CSULB FOUNDATION DE LAGE LANDEN DELGADO, E DYNAMIC CONTRACTING SVCS GIL, S GOVCONNECTION INC GRANICUS INC HANSON, E HEALTH NET INC HEALTH NET INC HUTCHINSON L N CURTIS & SONS LA TIENDITA LASER SAVER INC LCPTRACKER INC LONG, D LOPEZ, J LOPEZ, TERESA YOLANDA MACHADO, R MUNICIPAL CODE CORPORATION NOT YOUR MOMMA'S PACIFIC SAFETY CENTER PACIFIC TELEMANAGEMENT SERVICE PROCURE AMERICA INC -e CALIFORNIA -- NATIONAL Ctry a 5 '5 1 INCORPORATED WARRANT REGISTER # 35 2/26/2019 DESCRIPTION DAY-NITE CONES / PW R&M CITY VEHICLES / PW RELOCATION COST OF 2525 SWEETWATER ROAD UNIFORMS AND SUPPLIES / PD ENERGY SERVICES AGREEMENT PARTS AND LABOR FOR JAN 01, 2019 AT&T SBC ANNUAL PHONE SERVICE FOR FY19 AT&T SBC ANNUAL PHONE SERVICE / JAN 2019 AT&T SBC ANNUAL PHONE SERVICE FOR FY19 LAS PALMAS PARKSTORM DRAIN REPAIRS VOLUNTEER IMPACT STANDARD EDITION REIMB FOR INTERVIEW PANEL - FIRE REIMB PARAMEDIC LIC RENEW - FIRE TRAINING REIM FTO / CALIXOT / PD SCANNER MODEL SCEXP3 MAINT JAN 2019 2019 CITY CLERK ASSN. DUES PETTY CASH REPLENISHMENT / AUG-SEPT 2018 METROSCAN ANNUAL RENEWAL / MIS NEXTGEN REGIONAL COMMUNICATIONS SYSTEM COX DATA VIDEO SERVICES FY19 COX DATA VIDEO SERVICES FY19 FAIR HOUSING SERVICES JAN 31, 2019 TRAINING TUITION FTO SUPER O. RAMIREZ / PD LEASE 20 SHARP COPIERS FEB 2019 REIMB FOR CPRS MINI CONFERENCE - CSD REFUND FOR OVERPAID BUSINESS TAX, ACCT 8 TRAINING REIM FIREARMS INSTR/ GIL / PD DEEPFREEZE SOFTWARE RENEWAL INV97561/GOVERNMENT TRANSPARENCY MEETING RETIREE HEALTH BENEFIT OCT 2018 GROUP R1192A JAN 2019 GROUP 57135A JANUARY 2019 REIMB TECH ADV COMMITTEE - ENG FF SHUT OFF CLAMP FOR SINGLE JACKET REFUND FOR OVERPAID BUSINESS TAX, ACCT 1 MOP 45725. INK CARTRIDGES / MIS LCP TRACKER ANNUAL RENEWAL / MIS TRAINING REIM ICI NARCOTICS INV/LONG REIMB MEETING WITH ARCHITECT - ENG TRANSLATION SERVICES FEB 19, 2019 TRAINING REIMB WELLNESS IN THE WORKSHOP/PD MUNICODE ANNUAL SUBSCRIPTION / MIS REFUND FOR OVERPAID BUSINESS TAX, ACCT 1 ANNUAL MEMBERSHIP RENEWAL PAYPHONE SERVICES / FEB 2019 COPIER COST JUL 06, 2018 - OCT 18, 2018 CHK NO DATE AMOUNT 340911 2/25/19 490.35 340912 2/25/19 7,782.01 340913 2/25/19 1,905.04 340914 2/26/19 3,742.60 340915 2/26/19 108,600.08 340916 2/26/19 1,275.00 340917 2/26/19 2,286.60 340918 2/26/19 5,206.37 340919 2/26/19 80.42 340920 2/26/19 80,912.92 340921 2/26/19 425.00 340922 2/26/19 87.83 340923 2/26/19 200.00 340924 2/26/19 373.49 340925 2/26/19 159.36 340926 2/26/19 170.00 340927 2/26/19 420.12 340928 2/26/19 7,899.96 340929 2/26/19 8,578.50 340930 2/26/19 4,865.65 340931 2/26/19 524.96 340932 2/26/19 2,047.12 340933 2/26/19 381.00 340934 2/26/19 2,939.63 340935 2/26/19 103.24 340936 2/26/19 125.00 340937 2/26/19 265.43 340938 2/26/19 1,030.00 340939 2/26/19 4,657.05 340940 2/26/19 135.00 340941 2/26/19 71,510.94 340942 2/26/19 4,770.08 340943 2/26/19 14.84 340944 2/26/19 1,238.32 340945 2/26/19 30.00 340946 2/26/19 184.77 340947 2/26/19 4,235.00 340948 2/26/19 1,117.45 340949 2/26/19 56.61 340950 2/26/19 160.00 340951 2/26/19 131.39 340952 2/26/19 900.00 340953 2/26/19 30.00 340954 2/26/19 145.00 340955 2/26/19 78.00 340956 2/26/19 18,841.40 1/2 169 of 207 PAYEE PROGRESSIVE SOLUTIONS INC QUESTYS SOLUTIONS REYES, VIOLETA ROGUE FITNESS SAN DIEGO UNION TRIBUNE SDAPSD SHARP ELECTRONICS CORPORATION SIEMENS INDUSTRY INC SMART & FINAL SMITH, M SOUTH BAY COMMUNITY SERVICES STAPLES BUSINESS ADVANTAGE STINNETT, R TELECOM LAW FIRM P C THE LINCOLN NATIONAL LIFE INS THE STAR NEWS VALERIE GURROLA VERIZON WIRELESS WEST COAST ARBORISTS INC WEST PAYMENT CENTER WILLY'S ELECTRONIC SUPPLY YBARRA, A CELLEBRITE INC OVERLAND PACIFIC & CUTLER LLC PALMA, A PALMA, A WIRED PAYMENTS PUBLIC EMP RETIREMENT SYSTEM PUBLIC EMP RETIREMENT SYSTEM PAYROLL Pay period Start Date 5 2/12/2019 -e CALIFORNIA - NALITIONAL a 5 '5 1 INCORPORATED WARRANT REGISTER # 35 2/26/2019 DESCRIPTION ADDING WEB RENEWAL FIRE INSPECTION QUESTYS TEMPLATE SUPPORT REFUND OF DEPOSIT - T&A 90267 - ENG BLACK CONCEPT 2 MODEL MONITOR ADVERTISING THE HARBISON AVE RD TRAINING DISPATCHERS BASIC / KELLER MAINTENANCE 20 SHARP COPIERS FOR FY19 CITY HALL FIRE ALARM MOP 45756 CASA YOUTH SNACKS - CSD TRAINING REIM ROT/ M SMITH REIMB FOR AGREEMT 2ND QTR OF FY2018 MOP 45704. OFFICE SUPPLIES / MIS TRAINING REIM FTO / STINNETT LIC AGREEMT FOR RIGHT-OF-WAY W F GROUP 415491 MARCH 2019 ADVERTISING NOTICES FEB 15, 2019 PROFESSIONAL LEGAL SVCS JAN 2019 VERIZON CELLULAR SERVICES FOR FY19 CALFIRE GRANT PLANTING BOOKS & BOUND VOLUMES MOP 45763 ELECTRONIC SUPPLIES - MIS TRAINING SLI REIMB / YBARRA TRAINING TUITION CELLEBRITE/CHELIUS PARADISE CREEK PARK PROJECT - ENG REIMBURSEMENT FOR TRAINING /HED REIMBURSEMENT FOR SDRAFF AND CDBG MEETING SERVICE PERIOD 01/15/19 - 01/28/19 SERVICE PERIOD 01/29/19 - 02/11/19 End Date 2/25/2019 Check Date 3/6/2019 CHK NO DATE AMOUNT 340957 2/26/19 3,000.00 340958 2/26/19 200.00 340959 2/26/19 1,173.31 340960 2/26/19 2,382.98 340961 2/26/19 367.00 340962 2/26/19 200.00 340963 2/26/19 1,786.84 340964 2/26/19 6,650.00 340965 2/26/19 40.06 340966 2/26/19 260.72 340967 2/26/19 15,403.46 340968 2/26/19 1,730.15 340969 2/26/19 309.99 340970 2/26/19 570.00 340971 2/26/19 9,816.92 340972 2/26/19 199.88 340973 2/26/19 3,222.32 340974 2/26/19 12,279.09 340975 2/26/19 47,950.00 340976 2/26/19 560.65 340977 2/26/19 111.49 340978 2/26/19 85.08 340979 2/26/19 3,850.00 340980 2/26/19 8,642.50 340981 2/26/19 1,435.65 340982 2/26/19 59.54 AIP Total 473,401.16 2212019 2/21/19 237,499.10 2262019 2/26/19 240,083.76 1,056,630.24 GRAND TOTAL $ 2,007,614.26 2/2 170 of 207 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 STEPHEN MANGANIELLO, ACTING CITY MANAGER FINANCE COMMITTEE ALEJANDRA SOTELO-SOLIS, MAYOR -CHAIRWOMAN RONALD J. MORRISON, VICE -MAYOR MONA RIOS, COUNCIL MEMBER JERRY CANO, COUNCIL MEMBER GONZALO QUINTERO, COUNCIL 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 2nd OF APRIL, 2019. AYES NAYS ABSENT 171 of 207 CC/CDC-HA Agenda 4/2/2019 — Page 172 The following page(s) contain the backup material for Agenda Item: Warrant Register #36 for the period of 02/27/19 through 03/05/19 in the amount of $2,270,283.68. (Finance) Please scroll down to view the backup material. 172 of 207 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 2, 2019 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #36 for the period of 02/27/19 through 03/05/19 in the amount of $2,270,283.68. (Finance) PREPARED BY: Karla Apalategui, Accounting Assistant DEPARTMENT: Finance PHONE: 619-336-4572 EXPLANATION: APPROVED BY: Per Government Section Code 37208, attached are the warrants issued for the period of 02/27/19 through 03/05/19. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation DBX Inc 341023 139,465.33 Fiber Optic Traffic Signal IC HMS Construction Inc 341060 98,946.30 Highland Ave Traffic Signal MOD Kaiser Foundation HP 341067 191,336.48 Group 104220-0002 — Jan 2019 (A) Project Professionals 341108 109,006.77 Paradise Creek Park III SDG&E 341122 53,182.34 Gas & Electric Utilities — PW STC Traffic 341134 55,592.31 Fiber Optic TS Interconnect Expansion City of San Diego 241158 1,337,858.00 Sewerage Syst 3rd Qtr 1/01/19 — 3/31/19 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $2,270,283.68. APPROVED: FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Ratify warrants totaling $2,270,283.68 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 36 173 of 207 PAYEE 24 HOUR ELEVATOR INC ACE UNIFORMS & ACCESSORIES INC ACEDO, I ACME SAFETY & SUPPLY CORP ADMINSURE INC ADVANTIDGE AK & COMPANY AMERICAN MEDICAL RESPONSE ANDERSON, E AT&T ATKINS NORTH AMERICA INC BEARD, P BECK, L BISHOP, R BOB MURRAY & ASSOCIATES BOEGLER, C BOOT WORLD BULL, P CAPF CAPF CALIFORNIA COMMERCIAL SECURITY CALIFORNIA ELECTRIC SUPPLY CALIFORNIA LAW ENFORCEMENT CALIFORNIA LAW ENFORCEMENT CARRILLO, R CASAS, LAURA CEKANDER, L CELLEBRITE INC CEPA OPERATIONS INC CIRCULATE SAN DIEGO COLE, L COLLINSON, C COLSON, K COMMERCIAL AQUATIC SERVICE INC CONCENTRA MEDICAL CENTERS CONDON, D CORDERO, E CORPUZ, T COUNTYWIDE MECHANICAL DANESHFAR, Z DBX INC DELTA DENTAL DEPARTMENT OF JUSTICE DESROCHERS, P DI CERCHIO, A DIAZ, M DILLARD, S -e CALIFORNIA -- NATIONAL Ctry a 5 '5 1 INCORPORATED WARRANT REGISTER # 36 3/5/2019 DESCRIPTION CITY WIDE ELEVATOR SERVICE AND REPAIR UNIFORMS / POLICE RETIREE HEALTH BENEFITS MARCH 2019 WEARING APPAREL -RAIN JACKETS W/C CLAIMS ADM MONTHLY MAR 2019 BLANK ID CARDS / PD PROFESSIONAL CONSULTING SVCS SB 90 STRYKER STAIR PRO / PD RETIREE HEALTH BENEFITS MARCH 2019 AT&T SVCS JAN 13, 2019 - FEB 12, 2019 ALLEY DESIGN DEC 03, 2018 THRU FEB 03, 2019 RETIREE HEALTH BENEFITS MARCH 2019 RETIREE HEALTH BENEFITS MARCH 2019 RETIREE HEALTH BENEFITS MARCH 2019 EXECUTIVE SEARCH KICK OFF / HR RETIREE HEALTH BENEFITS MARCH 2019 MOP 64096 SAFETY WEARING APPAREL - PW RETIREE HEALTH BENEFITS MARCH 2019 FEBRUARY 2019 - FIRE LTD MARCH 2019 - FIRE LTD ELECTRONIC DOOR LOCK INSTALLATION / PW LIGHT BULBS LED MARCH 2019 - PD LTD FEBRUARY 2019 - PD LTD RETIREE HEALTH BENEFITS MARCH 2019 CITY COUNCIL TRANSLATION FY19 TRAINING REIM IACA/CEKANDER/PD TRAINING TUITION CELLEBR/ SHANAHAN / PD FUME HOOD CERTIFICATION INTRA-CONNECT PROJECT RETIREE HEALTH BENEFITS MARCH 2019 RETIREE HEALTH BENEFITS MARCH 2019 TRAINING ADV LDG SOVEREIGN/ COLSON CHEMICAL SUPPLIES PURCHASES FOR POOL PRE -EMPLOYMENT PHYSICALS RETIREE HEALTH BENEFITS MARCH 2019 RETIREE HEALTH BENEFITS MARCH 2019 RETIREE HEALTH BENEFITS MARCH 2019 HVAC MAINTENANCE AND REPAIR FY 2019 RETIREE HEALTH BENEFITS MARCH 2019 FIBER OPTIC TRAFFIC SIGNAL IC GROUP 05-0908601002 - FEB 2019 FINGERPRINT APPS JANUARY 2019 RETIREE HEALTH BENEFITS MARCH 2019 RETIREE HEALTH BENEFITS MARCH 2019 RETIREE HEALTH BENEFITS MARCH 2019 RETIREE HEALTH BENEFITS MARCH 2019 CHK NO 340983 340984 340985 340986 340987 340988 340989 340990 340991 340992 340993 340994 340995 340996 340997 340998 340999 341000 341001 341002 341003 341004 341005 341006 341007 341008 341009 341010 341011 341012 341013 341014 341015 341016 341017 341018 341019 341020 341021 341022 341023 341024 341025 341026 341027 341028 341029 DATE 3/5/19 3/5/19 3/5/19 3/5/19 3/5/19 3/5/19 3/5/19 3/5/19 3/5/19 3/5/19 3/5/19 3/5/19 3/5/19 3/5/19 3/5/19 3/5/19 3/5/19 3/5/19 3/5/19 3/5/19 3/5/19 3/5/19 3/5/19 3/5/19 3/5/19 3/5/19 3/5/19 3/5/19 3/5/19 3/5/19 3/5/19 3/5/19 3/5/19 3/5/19 3/5/19 3/5/19 3/5/19 3/5/19 3/5/19 3/5/19 3/5/19 3/5/19 3/5/19 3/5/19 3/5/19 3/5/19 3/5/19 AMOUNT 975.00 164.84 160.00 618.80 7,396.66 837.80 3,500.00 2,694.29 110.00 5,065.02 1,192.00 70.00 140.00 110.00 3,735.60 260.00 354.96 580.00 882.00 882.00 499.25 543.75 2,072.25 2,058.00 290.00 100.00 219.78 3,850.00 195.00 4,576.44 165.00 420.00 143.63 4,285.36 1,541.50 280.00 520.00 140.00 6,285.84 250.00 139,465.33 226.10 32.00 110.00 70.00 680.00 480.00 1/4 174 of 207 -e CALIFORNIA -- NATIONAL Ctry a 5 '5 1 INCORPORATED WARRANT REGISTER # 36 3/5/2019 PAYEE DESCRIPTION CHK NO DATE AMOUNT DIXIELINE LUMBER CO MOP 45707 MARKING PAINT - ENG 341030 3/5/19 69.03 D-MAX ENGINEERING IMPLEMENTATION GRANT APPLICATION 341031 3/5/19 7,229.69 DOKKEN ENGINEERING PLAZA BLVD. PROJECT 341032 3/5/19 1,475.60 DREDGE, J RETIREE HEALTH BENEFITS MARCH 2019 341033 3/5/19 250.00 EISER III, G RETIREE HEALTH BENEFITS MARCH 2019 341034 3/5/19 250.00 ENSAFE INC REMEDIATION PARADISE PH3 CA 341035 3/5/19 37,635.18 ETZLER, J RETIREE HEALTH BENEFITS MARCH 2019 341036 3/5/19 460.00 FABINSKI, D RETIREE HEALTH BENEFITS MARCH 2019 341037 3/5/19 220.00 FERNANDEZ, R RETIREE HEALTH BENEFITS MARCH 2019 341038 3/5/19 270.00 FIFIELD, K RETIREE HEALTH BENEFITS MARCH 2019 341039 3/5/19 540.00 FLYERS ENERGY LLC MOTOR OIL SYNTHETIC / PW 341040 3/5/19 1,055.73 FRANK TOYOTA SILENCER FRONT FLOOR / PW 341041 3/5/19 903.40 GAFFNEY, M RETIREE HEALTH BENEFITS MARCH 2019 341042 3/5/19 700.00 GALINDO ROJAS, L REIMB LCW H R ACADEMY FEB 14, 2019 341043 3/5/19 55.10 GARCIA, A TRAINING FTO UPD REIM/ A. GARCIA 341044 3/5/19 250.90 GELSKEY, K RETIREE HEALTH BENEFITS MARCH 2019 341045 3/5/19 115.00 GEOSYNTEC CONSULTANTS INC VALLEY ROAD CHANNEL 341046 3/5/19 12,728.03 GIBBS JR, R RETIREE HEALTH BENEFITS MARCH 2019 341047 3/5/19 120.00 GONZALES, G TRAINING REIM ROT G GONZALES 341048 3/5/19 100.66 GONZALES, M RETIREE HEALTH BENEFITS MARCH 2019 341049 3/5/19 480.00 GOVCONNECTION INC DISPATCH HEADSET PLANTRONICS 341050 3/5/19 1,473.67 GRAINGER MOP 65179 GENERAL SUPPLIES - PW 341051 3/5/19 481.96 GROSSMAN PSYCHOLOGICAL FITNESS FOR DUTY EXAM FEB 18, 2019 341052 3/5/19 925.00 HANSON, E RETIREE HEALTH BENEFITS MARCH 2019 341053 3/5/19 135.00 HARLAN, M RETIREE HEALTH BENEFITS MARCH 2019 341054 3/5/19 500.00 HAUG, S RETIREE HEALTH BENEFITS MARCH 2019 341055 3/5/19 120.00 HD SUPPLY CONSTRUCTION RAIN BOOTS WITH STEEL TOE / SEWER DEPT 341056 3/5/19 439.30 HEALTH NET GROUP N7177A - FEBRUARY 2019 341057 3/5/19 1,860.33 HERNANDEZ, M RETIREE HEALTH BENEFITS MARCH 2019 341058 3/5/19 600.00 HERNANDEZ, R RETIREE HEALTH BENEFITS MARCH 2019 341059 3/5/19 400.00 HMS CONSTRUCTION INC HIGHLAND AVE TRAFFIC SIGNAL MOD 341060 3/5/19 98,946.30 HODGES, B RETIREE HEALTH BENEFITS MARCH 2019 341061 3/5/19 200.00 IBARRA, J RETIREE HEALTH BENEFITS MARCH 2019 341062 3/5/19 780.00 IDEMIA IDENTITY & SECURITY USA FINGERPRINT SUBMISSIONS JAN 2019 / HR 341063 3/5/19 2.00 INNOVATIVE CONSTRUCTION LAS PALMAS PARK STORM DRAIN REPAIRS 341064 3/5/19 22,223.50 JAMES, R RETIREE HEALTH BENEFITS MARCH 2019 341065 3/5/19 140.00 JUNIEL, R RETIREE HEALTH BENEFITS MARCH 2019 341066 3/5/19 50.00 KAISER FOUNDATION HEALTH PLANS GROUP 104220-0002 - JAN 2019 (A) 341067 3/5/19 191,336.48 KAISER FOUNDATION HEALTH PLANS GROUP 104220-7002 - JAN 2019 (A) 341068 3/5/19 2,783.55 KIMBLE, R RETIREE HEALTH BENEFITS MARCH 2019 341069 3/5/19 300.00 KIMLEY HORN AND ASSOC EL TOYON LAS PALMAS PS&E 341070 3/5/19 39,507.41 KLOS, F RETIREE HEALTH BENEFITS MARCH 2019 341071 3/5/19 480.00 KTUA INTRA-CONNECT PROJECT 341072 3/5/19 1,078.75 L C ACTION SABRE RED CROSSFIRE / PD 341073 3/5/19 807.18 LANDA, A RETIREE HEALTH BENEFITS MARCH 2019 341074 3/5/19 155.00 LEACH, D RETIREE HEALTH BENEFITS MARCH 2019 341075 3/5/19 600.00 LEFORT'S SMALL ENGINE REPAIR MOP 80702 AUTO SUPPLIES - PW 341076 3/5/19 141.38 2/4 175 of 207 PAYEE LIMFUECO, M LYNN PEAVEY MACHADO, R MATIENZO, M MC CABE, T MCDANIEL, P MEDINA, R MENDOZA, G MICHAEL BAKER INTERNATIONAL MINER, D MORRISON, R MYERS AND SONS NATIONAL CITY MOTORCYCLES NATIONAL CITY TROPHY NERI LANDSCAPE ARCHITECTURE NOTEWARE, D OFFICE TEAM OLIVARES, G OLIVERIA, H OPTUM O'REILLY AUTO PARTS PAL GENERAL ENGINEERING INC PARTS AUTHORITY METRO LLC PAUU JR, P PEASE JR, D PENSKE FORD PETERS, S POST, R POWERSTRIDE BATTERY CO INC PRO BUILD COMPANY PROGRESSIVE SOLUTIONS INC PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY RAMIREZ, 0 RANDALL LAMB ASSOCIATES INC RAY, S REGIONAL TRAINING CENTER RELY ENVIRONMENTAL RIVERSIDE COUNTY SHERIFF DEPT ROARK, L RUIZ, J SAN DIEGO HYDRAULICS SANCHEZ, L SASI SCST INC SDG&E SERVATIUS, J -e CALIFORNIA -- NATIONAL Ctry a 5 '5 1 INCORPORATED WARRANT REGISTER # 36 3/5/2019 DESCRIPTION RETIREE HEALTH BENEFITS MARCH 2019 PROPERTY & EVIDENCE SUPPLIES / PD TRAINING REIM ROLE OF LE EXC / PD RETIREE HEALTH BENEFITS MARCH 2019 RETIREE HEALTH BENEFITS MARCH 2019 RETIREE HEALTH BENEFITS MARCH 2019 RETIREE HEALTH BENEFITS MARCH 2019 RETIREE HEALTH BENEFITS MARCH 2019 CONST SUPPORT FOR LAS PALMAS SD RETIREE HEALTH BENEFITS MARCH 2019 RETIREE HEALTH BENEFITS MARCH 2019 CHANNELFLEX II POST UR INSERT / PW REPAIR SERVICE FOR POLICE VEHICLE MOP 66556 GENERAL SUPPLY - PW PARADISE CREEK PARK DRIVING SCHOOL RETIREE HEALTH BENEFITS MARCH 2019 TEMP SVCS WEEK ENDED 02/08/19 - NSD RETIREE HEALTH BENEFITS MARCH 2019 RETIREE HEALTH BENEFITS MARCH 2019 GROUP HB1966 - OCT, NOV, AND DEC 2018 MOP 75877 AUTO SUPPLIES - PW N KENTON AVE ST IMPROVEMENTS MOP 75943 AUTO SUPPLIES - PW RETIREE HEALTH BENEFITS MARCH 2019 RETIREE HEALTH BENEFITS MARCH 2019 R&M CITY VEHICLE FOR FY 2019 RETIREE HEALTH BENEFITS MARCH 2019 RETIREE HEALTH BENEFITS MARCH 2019 MOP 67839 GENERAL SUPPLIES - PW MOP 45707 GENERAL SUPPLIES - PW PRINTER RIBBON / PD PARADISE CREEK PARK III MOP 45742 LAUNDRY SERVICES - PW TRAINING REIM MEDIA RELATIONS / PD NATIONAL CITY ECM COMMISSIONING RETIREE HEALTH BENEFITS MARCH 2019 TRAINING TUITION RECORDS CLERK/ SHULTZ G HAZARDOUS WASTE 2100 MCKINLEY AVE TRAINING DISPATCHER TRAINING / JONES / PD RETIREE HEALTH BENEFITS MARCH 2019 RETIREE HEALTH BENEFITS MARCH 2019 SEAL KIT REPLACEMENT / PW RETIREE HEALTH BENEFITS MARCH 2019 MONTHLY TRUST ACCOUNT MAR 2019 HIGHLAND AVE & 28TH ST TRAFFIC SIGNAL GAS AND ELECTRIC UTILITIES - PW RETIREE HEALTH BENEFITS MARCH 2019 CHK NO DATE AMOUNT 341077 3/5/19 160.00 341078 3/5/19 1,671.73 341079 3/5/19 380.37 341080 3/5/19 100.00 341081 3/5/19 280.00 341082 3/5/19 290.00 341083 3/5/19 105.00 341084 3/5/19 290.00 341085 3/5/19 1,100.00 341086 3/5/19 580.00 341087 3/5/19 520.00 341088 3/5/19 493.29 341089 3/5/19 2,435.38 341090 3/5/19 20.39 341091 3/5/19 9,320.00 341092 3/5/19 120.00 341093 3/5/19 955.60 341094 3/5/19 280.00 341095 3/5/19 360.00 341096 3/5/19 35.75 341097 3/5/19 21.78 341098 3/5/19 5,035.38 341099 3/5/19 568.92 341100 3/5/19 340.00 341101 3/5/19 140.00 341102 3/5/19 491.77 341103 3/5/19 290.00 341104 3/5/19 280.00 341105 3/5/19 681.93 341106 3/5/19 409.85 341107 3/5/19 71.92 341108 3/5/19 109,006.77 341109 3/5/19 378.10 341110 3/5/19 252.42 341111 3/5/19 6,490.00 341112 3/5/19 190.00 341113 3/5/19 1,050.00 341114 3/5/19 6,291.00 341115 3/5/19 72.00 341116 3/5/19 135.00 341117 3/5/19 310.00 341118 3/5/19 126.21 341119 3/5/19 330.00 341120 3/5/19 49.00 341121 3/5/19 1,169.50 341122 3/5/19 53,182.34 341123 3/5/19 340.00 3/4 176 of 207 PAYEE SHARP REES STEALY MED GROUP SHORT, C SITEONE LANDSCAPE SUPPLY LLC SMART & FINAL SMART SOURCE OF CALIFORNIA LLC SMITH, J SNAP -ON INDUSTRIAL SOUTHERN CALIF TRUCK STOP SOUTHWEST SIGNAL SERVICE STAPLES BUSINESS ADVANTAGE STC TRAFFIC STEWART, W STRASEN, W SUPERIOR READY MIX SWEETWATER AUTHORITY THE BUMPER GUY INC THE NYHART COMPANY THE SHERWIN WILLIAMS CO THE STAR NEWS TIPTON, B T'S & SIGNS TURF STAR INC U S BANK U S BANK UNITED ROTARY BRUSH CORP US BANK VALLEY INDUSTRIAL SPECIALTIES VCA EMERGENCY ANIMAL HOSPITAL VERRY, L VILLAGOMEZ, J VISION SERVICE PLAN VORTEX INDUSTRIES INC WEST PAYMENT CENTER WESTFLEX INDUSTRIAL WHITE, J WILLY'S ELECTRONIC SUPPLY WIRED PAYMENTS CITY OF SAN DIEGO EDD -e CALIFORNIA -- NATIONAL Crry a 5 '5 1 INCORPORATED WARRANT REGISTER # 36 3/5/2019 DESCRIPTION PRE -EMPLOYMENT PHYSICALS RETIREE HEALTH BENEFITS MARCH 2019 MOP 69277 LANDSCAPE SUPPLIES - PW SMART AND FINAL MOP PD MOP 63845 OFFICE SUPPLIES - PW RETIREE HEALTH BENEFITS MARCH 2019 TOOLS / PW MOP 45758 GENERAL AUTO SUPPLIES - PW MONTHLY MAINTENANCE - JANUARY 2019 MOP 45704. OFFICE SUPPLIES / PD FIBER OPTIC TS INTERCONNECT EXPANSION RETIREE HEALTH BENEFITS MARCH 2019 RETIREE HEALTH BENEFITS MARCH 2019 COLD MIX ASPHALTS, TACK OIL, 3/8 SHEET WATER SERVICES FOR PARK FY 2019 PAINT DUMP TRUCK TAILGATE GASB 75 INT ROLL FORWARD VALUATION MOP 77816 PAINTING SUPPLIES - PW ADVERTISING NOTICES FOR FY19 RETIREE HEALTH BENEFITS MARCH 2019 BANNER FOR UPPER LOT / PD BEARING, ROLLER, ROLLER DECK / PW SUBSCRIPTION/TRAINING/BOOKS JANUARY 2019 CREDIT CARD STATEMENT STREET SWEEPER REPAIRS AND MAINTENANCE TRAINING FBI ACADEMY CREDIT CARD/ PD MOP 46453 GENERAL SUPPLIES - PW STRAY ANIMAL EMERGENCY CARE / PD RETIREE HEALTH BENEFITS MARCH 2019 RETIREE HEALTH BENEFITS MARCH 2019 FEBRUARY 2019 VISION SERVICE PLAN CITY WIDE ON SITE SERVICE & REPAIRS / PW BOOKS / CITY ATTORNEY'S OFFICE HOSES, VALVE / PW RETIREE HEALTH BENEFITS MARCH 2019 MOP 45763 ELECTRIC SUPPLIES - PW SEWERAGE SYST 3RD QTR 01/01/19 - 3/31/19 UNEMPLOYMT INS BENFT OCT THRU DEC 2018 CHK NO DATE AMOUNT 341124 3/5/19 216.00 341125 3/5/19 300.00 341126 3/5/19 19.76 341127 3/5/19 349.04 341128 3/5/19 147.90 341129 3/5/19 320.00 341130 3/5/19 3,032.92 341131 3/5/19 398.77 341132 3/5/19 16,019.62 341133 3/5/19 2,490.28 341134 3/5/19 55,592.31 341135 3/5/19 200.00 341136 3/5/19 135.00 341137 3/5/19 407.30 341138 3/5/19 972.84 341139 3/5/19 375.00 341140 3/5/19 1,950.00 341141 3/5/19 108.12 341142 3/5/19 148.63 341143 3/5/19 250.00 341144 3/5/19 489.38 341145 3/5/19 272.97 341146 3/5/19 305.83 341147 3/5/19 140.00 341148 3/5/19 1,439.53 341149 3/5/19 1,027.35 341150 3/5/19 407.81 341151 3/5/19 623.26 341152 3/5/19 280.00 341153 3/5/19 480.00 341154 3/5/19 873.18 341155 3/5/19 500.00 341156 3/5/19 429.38 341157 3/5/19 1,648.85 341158 3/5/19 230.00 341159 3/5/19 53.58 A/P Total 241158 2/27/19 773068 2/28/19 930,439.34 1,337,858.00 1,986.34 GRAND TOTAL $ 2,270,283.68 4/4 177 of 207 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 STEPHEN MANGANIELLO, ACTING CITY MANAGER FINANCE COMMITTEE ALEJANDRA SOTELO-SOLIS, MAYOR -CHAIRWOMAN RONALD J. MORRISON, VICE -MAYOR MONA RIOS, COUNCIL MEMBER JERRY CANO, COUNCIL MEMBER GONZALO QUINTERO, COUNCIL 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 2nd OF APRIL, 2019. AYES NAYS ABSENT 178 of 207 CC/CDC-HA Agenda 4/2/2019 — Page 179 The following page(s) contain the backup material for Agenda Item: Public Hearing and Adoption of a 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 adjustment to the TDIF of 2 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 $2,484 per new residential dwelling unit to $2,534 per unit beginning July 1, 2019. (Engineering/Public Works) Please scroll down to view the backup material. 179 of 207 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 2, 2019 AGENDA ITEM NO. ITEM TITLE: Public Hearing and Adoption of a 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 adjustment to the TDIF of 2 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 $2,484 per new residential dwelling unit to $2,534 per unit beginning July 1, 2019. PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering & Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: it �lti��G Finance ACCOUNT NO. APPROVED: MIS Funds will be deposited into the following TDIF Revenue Accounts: 326-00000-3162 and 326-00000-3163 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Hold Public Hearing on the adoption of a Resolution increasing the TDIF from $2,484 per new residential dwelling unit to $2,534 per unit beginning July 1, 2019. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Public Hearing Notice 3. Transportation Impact Fee Program Report (on file at the Office of the City Engineer) 4. Resolution 180 of 207 Explanation In November 2004, San Diego County voters approved local Proposition A extending the TransNet % cent sales tax to fund the region's transportation system for 40 years. As part of Proposition A and the TransNet Extension Ordinance, the Regional Transportation Congestion Improvement Program (RTCIP) was created to ensure that new development directly invests in the region's transportation system to offset the negative impacts of growth on congestion and mobility. One of the requirements of the RTCIP was that by July 1, 2008, each local agency must contribute $2,000 from exactions imposed on the private sector for each new residence constructed within each jurisdiction. Failure to do so would result in an agency's loss of TransNet funding for improvement of local streets. Cities have the authority to impose impact fees under the Mitigation Fee Act contained in California Government Code sections 66000 through 66025. Therefore, on April 1, 2008, to satisfy the requirements of the TransNet RTCIP for receipt and expenditure of TransNet funds, City Council adopted Ordinance No. 2008-2310 amending Title 4 of the National City Municipal Code by adding Chapter 4.52 "Establishing and Approving a Transportation Development Impact Fee for Capital Improvement Projects Necessary to Maintain Acceptable Levels of Traffic and Transportation Service Within the City". The TransNet Extension Ordinance requires that the RTCIP transportation mitigation fee charged by local jurisdictions be adjusted every year on July 1 in order to maintain the purchasing power of the program for improvements to the Regional Arterial System. On February 22, 2019, the SANDAG Board of Directors approved a 2 percent adjustment to the RTCIP, raising the minimum fee from $2,483.48 per new residential dwelling unit to $2,533.15 per unit beginning July 1, 2019. The following table summarizes the adjusted Transportation Development Impact Fee (TDIF) schedule for new residential development, which will go into effect on July 1, 2019, if adopted by City Council. The TDIF shall be collected prior to the issuance of any building permit for new residential development in the City of National City. A copy of the City's Transportation Impact Fee Program Report is available at the Office of the City Engineer. Residential Land Use Fee Single-family $ 2,534 per dwelling unit Multi -family $ 2,534 per dwelling unit 181 of 207 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a Public Hearing after the hour of 6:00 p.m., Tuesday, April 2, 2019, in the City Council Chambers, Civic Center, 1243 National City Blvd., National City, CA., 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, APPROVING AN ADJUSTMENT TO THE TDIF OF 2 PERCENT, RESULTING IN THE TDIF INCREASING FROM $2,484 PER NEW RESIDENTIAL DWELLING UNIT TO $2,534 PER UNIT BEGINNING JULY 1, 2019. The full text of the Transportation Impact Fee Program Report is available for viewing at the Office of the City Clerk during normal business hours. Anyone interested in this matter may appear at the above time and place and be heard. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the undersigned, or to the City Council at, or prior to, the public hearing. Michael Dalla, City Clerk 182 of 207 CC/CDC-HA Agenda 4/2/2019 — Page 183 The following page(s) contain the backup material for Agenda Item: Public Hearing and Introduction of an Ordinance of the City Council of the City of National City amending Chapter 10.43 of the National City Municipal Code concerning alcohol and illegal drug offenses by minors and juveniles Please scroll down to view the backup material. 183 of 207 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 2, 2019 AGENDA ITEM NO. ITEM TITLE: Public Hearing and Introduction of an Ordinance of the City Council of the City of National City amending Chapter 10.43 of the National City Municipal Code concerning alcohol and illegal drug offenses by minors and juveniles. PREPARED BY: Nicole Pedone, Sr. Asst. City Attorney DEPARTMENT: City Attorney PHONE: 336-4221 EXPLANATION: Please see attached staff report. APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A APPROVED: Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This activity is not a project as defined in Section 15378 of the California Code of Regulations; therefore, no further action is required under the California Environmental Quality Act. ORDINANCE: INTRODUCTION: X FINAL ADOPTION: STAFF RECOMMENDATION Introduce an ordinance amending Chapter 10.43 of the National City Municipal Code concerning alcohol and illegal drug offenses by minors and juveniles to strengthen the current Municipal Code by including marijuana as an illegal substance, adding clearer definitions, adding a knowledge element to the language of the City's Social Host Ordinance, and setting forth the remedies available to the City for violations of the ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Staff Report Strikeout version of Ordinance Proposed Ordinance 185 of 207 \\ .1 /i CALIFORNIA 4 NATIONAL, CnrY Cj��� INCORPORATE" City Council Staff Report April 2, 2019 ITEM An Ordinance of the City Council of the City of National City amending Chapter 10.43 of the National City Municipal Code concerning alcohol & illegal drug offenses by minors and juveniles. STAFF RECOMMENDATION Introduce an Ordinance of the City Council of the City of National City amending Chapter 10.43 of the National City Municipal Code concerning alcohol & illegal drug offenses by minors and juveniles to strengthen the Ordinance including adding marijuana as an illegal substance, adding clearer definitions, adding a knowledge element to the language of the City's Social Host Ordinance and setting forth the remedies available to the City for violations of the Ordinance. BACKGROUND In November 2003, the City of National City approved Ordinance No. 2003-2235 (the "Social Host Ordinance") adding Chapter 10.43 to the National City Municipal Code, relating to alcohol and illegal drug offenses by minors and juveniles and reimbursement from responsible persons for the cost of enforcement services. The purpose of the Social Host Ordinance was to protect public health, safety, and welfare, to enforce laws prohibiting consumption of alcohol by minors, and to reduce the costs of providing law enforcement services to parties by shifting the financial burden to irresponsible hosts instead. The Social Host Ordinance was intended to remedy and deter the problems associated with underage drinking parties, including alcohol abuse, vandalism, excessive noise, traffic accidents, and physical altercations and injuries. The Social Host Ordinance makes it unlawful for a minor, a person under the age of twenty-one, to consume alcohol at any public place, place open to the public, or place not open to the public unless supervised by the minor's parent or guardian. Further, the Social Host Ordinance makes it unlawful for a person to allow or host a party at his or her home or other premises under his or her control where three or more minors are present and a minor consumes alcohol. On September 7, 2004, the San Diego Superior Court's Appellate Division held, in an unpublished opinion, that the section of the San Diego City Social Host Ordinance that held a party host criminally liable violated a person's right to due process because the court believed a person could not be convicted of the offense if the host were unaware or would not reasonably know that a party was taking place or minors were consuming alcohol. There was a lack of `mens rea in the ordinance." Following the court ruling, the City of San Diego amended their Staff Report 2 Ordinance Ameding Chapter 10.43 April 2, 2019 Alcohol & Illegal Drug Offenses by Minors and Juveniles 186 of 207 social host ordinance to add a "mens rea" or intent element. The current language in the National City's Social Host Ordinance is similar to that in the former City of San Diego ordinance that was ruled "constitutionally impermissible" because it currently does not have a "mens rea" or intent element either. While the unpublished decision may not be citable as legal precedent, it is an indication of how a trial or appellate court might analyze our current Social Host Ordinance. In addition, Proposition 64 made it legal for persons 21 years of age or older to: (1) smoke or ingest marijuana or marijuana products; (2) possess, process, transport, purchase, obtain, or give away to persons 21 years of age or older, without any compensation, 28.5 grams of marijuana, or 8 grams of concentrated marijuana, including as contained in marijuana products; and (3) possess, plant, cultivate, harvest, dry or process up to six living marijuana plants for personal use within the person's private residence. (Health & Safety Code § 11362.2(a)) The new law requires that marijuana in excess of 28.5 grams that is produced by plants kept pursuant to the personal cultivation provision of the Act be kept in a locked space on the grounds of a private residence that is not visible from a public place. (Health & Safety Code §11362.2(a)) Due to the legalization of recreational marijuana, which includes the right to grow up to six living marijuana plants within the person's private residence, amending the City's Social Host Ordinance to include marijuana is essential to protect the health and safety of not only minors but also the public health and safety of the community. ANALYSIS AND PROPOSED ORDINANCE Consumption of alcoholic beverages, marijuana, and other illegal substances by minors in public and private locations presents a myriad of problems for the minor, the community, and law enforcement. In addition, some adults condone the use of alcohol, marijuana, and other illegal substances and supply these substances to minors at parties in their homes. Now there is an additional threat with marijuana being allowed to be grown in a private residence. An effective Social Host Ordinance gives law enforcement an important tool to deter the use of these substances and underage drinking parties and provides consequences for those who choose to ignore the underage drinking and marijuana laws and encourage behavior that exposes our community to unnecessary health and safety risks. The proposed ordinance amends the Social Host Ordinance as follows: 1. Clearer definitions under section 10.43.010 expanding the list of those who could be held responsible for a violation to more than just a home owner; defining a "party, gathering or event" to mean a gathering of two or more persons; defining "residence or premises"; adding the definition of marijuana; and adding the definition of "social host". 2. Adding marijuana to the list of substances prohibited by minors in public places, places open to the public or places not open to the public. 3. Adding a knowledge element by providing that it is unlawful for any person to host a party where that person knows or reasonably should have known, that a minor has consumed an alcoholic beverage, marijuana or any other illegal substance. Staff Report 3 Ordinance Ameding Chapter 10.43 April 2, 2019 Alcohol & Illegal Drug Offenses by Minors and Juveniles 187 of 207 4. Imposing duties on the "host" to take all reasonable steps to prevent the consumption of alcohol, marijuana or other controlled substances by any minor at the gathering which include controlling access to the substances, controlling the quantity at the gathering, checking the ages of the guests, and supervising the minors at the gathering. 5. Adding a prima facie evidence standard in that if a person having control of the residence or premises is present at the time of the gathering, it shall be presumed that such person had the knowledge or should have had the knowledge; 6. Adding a constructive knowledge element in that if a person has not taken all reasonable steps to prevent the consumption of the substances by a minor, that person has notice that the minor consumed the substance since such knowledge is obtainable by the exercise of reasonable care. 7. Amending section 10.43.040 to include a broader description of enforcement services. Enforcement of this Ordinance may involve police, fire, or code enforcement. 8. Expanding enforcement of the Ordinance to include criminal actions, civil penalties, nuisance abatement, civil actions including injunctive relief, and administrative actions. 9. Declaring a violation of Chapter 10.43 to be a public nuisance that may be enjoined civilly or administratively. The proposed amendments, while making enforcement of the Social Host Ordinance more fact specific, will provide greater constitutional safeguards in its application to the citizens of National City. FISCAL IMPACT None RECOMMENDATION Introduce an Ordinance of the City Council of the City of National City amending Chapter 10.43 of the National City Municipal Code concerning alcohol & illegal drug offenses by minors and juveniles to strengthen the ordinance including adding marijuana as an illegal substance, adding clearer definitions, adding a knowledge element to the language of the City's Social Host Ordinance and setting forth the remedies available to the City for violations of the Ordinance. Staff Report 4 Ordinance Ameding Chapter 10.43 April 2, 2019 Alcohol & Illegal Drug Offenses by Minors and Juveniles 188 of 207 Section 1. Title 10, Division V, Chapter 10.43 of the Municipal Code is amended to read as follows: CHAPTER 10.43 ALCOHOL, MARIJUANA, AND OTHER CONTROLLED SUBSTANCES AND ILLEGAL DRUG OFFENSES BY MINORS AND JUVENILES, AND REIMBURSEMENT FROM RESPONSIBLE PERSONS FOR THE COST OF ENFORCEMENT SERVICES Sections: 10.43.010 Definitions 10.43.020 Consumption of alcoholic beverages, marijuanaor other controlled substances by minors prohibited in public places, places open to public, or places not open to public. Unsupervised consumption of alcohol by minor at private property 10.43.030 Hosting, allowing a gathering where minors consuming alcoholic beverages, marijuana or other controlled substances prohibited. at parties, gatherings or events on private property 10.43.040 Enforcement services at a party, gathering, or event on private property 10.43.050 Reimbursement for cost of law enforcement services 10.43.060 Reservation of legal options 10.43.070 Violations 10.43.010 Definitions. A. For purposes of this Chapter, "marijuana" shall have the same meaning as the definition of that word in Section 11018 of the California Health and Safety Code. B. "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. C. "Alcoholic beverage" is as defined by Business and Professions Code section 23004. D. "Controlled substances or illegal drugs" shall include all narcotics,_ or drugs, or substances, whose possession and use are regulated under the , the possession of which is illegal under the Controlled Substances Act. Such term does not include any drug or substance for which the individual found to have consumed such substance has a valid prescription issued by a licensed medial practitioner authorized to issue such a prescription. E. "Enforcement services" includes the salaries and benefits of law enforcement, fire, or other code enforcement personnel, or other emergency response providers for the amount of time actually spent in responding to, or in remaining at, or otherwise dealing with the party, gathering, or event and the administrative costs attributable to the incident; the actual cost of any medical treatment to injured police officerslaw enforcement, fire, or other code enforcement personnel, or other emergency response personnel; and the cost of repairing any damaged City equipment or property; and the cost arising from the use of any damaged equipment in responding to,_remaining at, or leaving the party, gathering, or event. F. "Juvenile" means any person under eighteen (18) years of age. 1 189 of 207 G. "Guardian" means (1) a person who, under court order, is the guardian of the person of a minor; or (2) a public or private agency with whom a minor has been placed by the court. H. "Minor" means any person under twenty-one (21) years of age. "Parent" means a person who is a natural parent, adoptive parent, or step-parent of another person. J. "Party, gathering, or event" means a group of personsparty or gathering of two or more persons at or on a residence or other private property or premises, who have assembled or are assembling for a party, social occasion or social activity. K. "Residence or premises" means a hotel or motel room, home, yard, apartment, condominium, or other dwelling unit, or a hall or meeting room, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or for a party or other social function, whether private property or public place, and whether owned, leased, rented, or used with or without compensation. L. "Person(s) responsible for the eventResponsible person" includes, but is not limited to: (1) The person(s) who owns, rents, leases, or otherwise has control of the premises where the party, gathering or event takes place; (2) the person(s) in charge of the premises including the landlord of another person responsible for the gathering; or (3) the any persons(s) who host, organize, supervise, permit, officiate, conduct or control the gathering or any other persons accepting responsibility for such a gathering.organized the event. If a person responsible for the event is a juvenile, then the parents or guardians of that juvenile and the juvenile will be jointly and severally liable for the costs incurred for enforcement services pursuant to this chapter. To incur liability for enforcement services imposed by this chapter, the responsible person for the gathering need not be present at such gathering resulting in the response giving rise to the imposition of enforcement services. This chapter therefore imposes vicarious as well as direct liability upon a responsible person. M. A "social host" is an adult who permits a party, gathering, or event where one or more minors consume one or more alcoholic beverages, marijuana or other controlled substances on property owned or controlled by an adult. 10.43.020 Unsupervised Consumption of Alcohol by Minor at Private Property.Consumption of alcoholic beverages, marijuana, or other controlled substances by minors prohibited in public places, places open to public, or places not open to public. —Except as permitted by state law, no minor shall: A. Consume in -at any public place or any places open to the public any alcoholic beverage, marijuana or other controlled substance; or or consume at any place not open to the public any alcoholic beverage. B. Consume at any place not open to the public any alcoholic beverage, marijuana, or other controlled substance, unless in connection with the consumption of the alcoholic beverage that minor is being supervised by his or her parent or legal guardian. beverage by a minor child which occurs exclusively under the supervision of his or her parent or 10.43.030 Serving of Alcohol and/or controlled substances to Minors at Parties, Gatherings or Events on Private Property.Hosting, allowing a gathering where minors consuming alcoholic beverages, marijuana and other controlled substances prohibited. A. Except as permitted by Article 1, Section 4, of the California Constitution, no person 2 190 of 207 any minor.it is unlawful for any person having control of any premises who knows or should reasonably know that he or she has hosted, permitted, or allowed a gathering to take place at said premises, where at least one minor consumes an alcoholic beverage, marijuana or other controlled substance wherever the person having control of the premises either knows a minor has consumed an alcoholic beverage, marijuana or other controlled substance or reasonably should have known that a minor consumed an alcoholic beverage, marijuana or other controlled substance by a minor. B. It is the duty of any person having control of any premises, who knows or should know that he or she has hosted, permitted, or allowed a gathering at said premises to take all reasonable steps to prevent the consumption of alcoholic beverages, marijuana, or other controlled substances by any minor at the gathering. Reasonable steps include, but are not limited to: (1) controlling access to alcoholic beverages, marijuana or other controlled substances at the gathering; (2) controlling the quantity of alcoholic beverages, marijuana or other controlled substances present at the gathering; (3) verifying the age of the persons attending the gathering by inspecting drivers licenses or other government -issued identification cards to ensure that minors do not consume alcoholic beverages, marijuana or other controlled substances while at the gathering; and (4) supervising the activities of minors at the gathering. C. Whenever a person having control of a residence or premises is present at the residence or premises at the time that a minor possesses or consumes any alcoholic beverage or controlled substance thereon, it shall be prima facie evidence that such person had the knowledge or should have had the knowledge specified in this section. D. A person who hosts, permits, or allows a gathering shall be deemed to have actual or constructive knowledge that a minor has consumed or possessed alcoholic beverages, marijuana, or controlled substances if the person has not taken all reasonable steps to prevent the consumption or possession of alcoholic beverages, marijuana or controlled substances by a minor or as set forth in this section. EB. This section shall not apply to conduct involving the administration of alcohol to or use of an alcoholic beverage by a minor child which occurs exclusively under the supervision of his or her parent or legal guardian, or to the consumption of an alcoholic beverage at any place regulated by the California Department of Alcoholic Beverage Control. 10.43.040 Enforcement Services at a Party, Gathering or Event on Private Property. When any party, gathering or event occurs on private property as described in Section 10.43.030 and a police officer, fire or code enforcement personnel, or other code enforcement officeror other emergency response providers at the scene determines that there is a threat or detriment to the public peace, health, safety or general welfare, the person(s) responsible for the party, gathering or event shall be liable for the actual cost of enforcement services provided during a response by the police, fire, or other code enforcement personnel, or other emergency response providers. 10.43.050 Reimbursement for Cost of Law Enforcement Services. The actual cost of the enforcement services described in Section 10.43.040 shall be deemed a debt owed to the City by the person responsible for the event and, if that person is a juvenile, their parents or 3 191 of 207 guardians. Any person owing such debt after demand has been refused shall be liable in an action brought in the name of the City for recovery of the same. 10.43.060 Reservation of Legal Options. The City of National City reserves its right to seek reimbursement for actual costs of enforcement services through other legal remedies or procedures. The procedure provided for in this chapter is in addition to any other statute, ordinance or law, civil or criminal. This chapter in no way limits the statutory authority of peace officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by this Article. 10.43.070 Violations. Violation of any of the mandatory provisions or prohibitions of to exceed six (6) months, or by both fine and imprisonment. A. General Penalty. All means of enforcement authorized under this code may be used to address violations of this chapter, including, but not limited to: criminal actions, civil penalties, nuisance abatement, civil actions including injunctive relief, and administrative citations. Violations of this chapter may be charged as a misdemeanor in accordance with National City Municipal Code chapter 1.20 and shall be punishable to the fullest extent of the law including a one thousand dollar fine and/or six months of jail. B. Public Nuisance. A violation of the chapter is hereby declared to be a public nuisance and may be enjoined civilly or administratively. In addition, it is unlawful and a misdemeanor to maintain a public nuisance. 4 192 of 207 ORDINANCE NO. 2019 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTER 10.43 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO ALCOHOL & ILLEGAL DRUG OFFENSES BY MINORS AND JUVENILES WHEREAS, the City of National City (the "City"), pursuant to the police powers delegated to it by the California Constitution, has the authority to enact or amend laws which promote the public health, safety and general welfare of its residents; and WHEREAS, the City Council of the City of National City (the "City Council") finds that loud and unruly gatherings on private property where alcohol, marijuana, and/or other controlled substances are served to or consumed by minors are not only unlawful and harmful to the minors, but often pose a threat to public health, safety, quiet enjoyment of residential property and general welfare; and WHEREAS, minors often obtain alcohol, marijuana, and other controlled substances at gatherings held on private property that are under the control of a person who knows or should know of the underage consumption or service; and WHEREAS, National City is committed to the success and positive future of its community youth and supports efforts to decrease and prevent youth use of and exposure to non -medical marijuana and other drugs; and WHEREAS, control of large parties, gatherings or events on private property is necessary when such activity is determined to be a detriment to the peace, health, safety, or general welfare of the public; and WHEREAS, the City Council finds and determines that there is a need to amend Chapter 10.43 of the National City Municipal Code to include marijuana as described below in an effort to strengthen the existing provisions of the City's "Social Host Ordinance" ("Ordinance"); and WHEREAS, the City Council finds and determines that section 10.43.010 should be amended to add clearer definitions, Section 10.43.030 should be amended to add the requisite intent of the Ordinance to conform with state and federal law and Section 10.43.070 should be amended to set forth the remedies available to the City for violations of the Ordinance; and WHEREAS, the City Council finds and declares that the purpose of amending this Ordinance is to protect public health, safety, and general welfare; and to enforce laws prohibiting the consumption of alcohol, marijuana, and/or controlled substances by minors. NOW, THEREFORE, the City Council of the City of National City does ordain as follows: 193 of 207 Section 1. Title 10, Division V, Chapter 10.43 of the Municipal Code is amended to read as follows: CHAPTER 10.43 ALCOHOL, MARIJUANA, AND OTHER CONTROLLED SUBSTANCES OFFENSES BY MINORS AND JUVENILES, AND REIMBURSEMENT FROM RESPONSIBLE PERSONS FOR THE COST OF ENFORCEMENT SERVICES Sections: 10.43.010 Definitions 10.43.020 Consumption of alcoholic beverages, marijuana, or other controlled substances by minors prohibited in public places, places open to public, or places not open to public. 10.43.030 Hosting, allowing a gathering where minors consuming alcoholic beverages, marijuana or other controlled substances prohibited. 10.43.040 Enforcement services at a party, gathering, or event on private property 10.43.050 Reimbursement for cost of law enforcement services 10.43.060 Reservation of legal options 10.43.070 Violations. 10.43.010 Definitions. A. For purposes of this chapter, "marijuana" shall have the same meaning as the definition of that word in Section 11018 of the California Health and Safety Code. B. "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. C. "Alcoholic beverage" is as defined by Business and Professions Code section 23004. D. "Controlled substances or illegal drugs" shall include all narcotics, drugs, or substances, whose possession and use are regulated under the Controlled Substances Act. Such term does not include any drug or substance for which the individual found to have consumed such substance has a valid prescription issued by a licensed medial practitioner authorized to issue such a prescription. E. "Enforcement services" includes the salaries and benefits of law enforcement, fire, code enforcement personnel, or other emergency response providers for the amount of time actually spent in responding to, or in remaining at, or otherwise dealing with the party, gathering, or event and the administrative costs attributable to the incident; the actual cost of any medical treatment to injured law enforcement, fire, code enforcement personnel, or other emergency response personnel; and the cost of repairing any damaged City equipment or property; and the cost arising from the use of any damaged equipment in responding to, remaining at, or leaving the party, gathering, or event. F. "Juvenile" means any person under eighteen (18) years of age. G. "Guardian" means (1) a person who, under court order, is the guardian of the person of a minor; or (2) a public or private agency with whom a minor has been placed by the court. H. "Minor" means any person under twenty-one (21) years of age. Ordinance No. 2019 — Page 2 of , 2019 Amending NCMC Chapter 10.43 Social Host Ordinance 194 of 207 I. "Parent" means a person who is a natural parent, adoptive parent, or step-parent of another person. J. "Party, gathering, or event" means a party or gathering of two or more persons at or on a residence or other private property or premises, who have assembled or are assembling for a party, social occasion or social activity. K. "Residence or premises" means a hotel or motel room, home, yard, apartment, condominium, or other dwelling unit, or a hall or meeting room, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or for a party or other social function, whether private property or public place, and whether owned, leased, rented, or used with or without compensation. L. "Responsible person" includes, but is not limited to: (1) The person(s) who owns, rents, leases, or otherwise has control of the premises where the party, gathering or event takes place; (2) the person(s) in charge of the premises including the landlord of another person responsible for the gathering; or (3) any persons(s) who host, organize, supervise, permit, officiate, conduct or control the gathering or any other persons accepting responsibility for such a gathering. If a person responsible for the event is a juvenile, then the parents or guardians of that juvenile and the juvenile will be jointly and severally liable for the costs incurred for enforcement services pursuant to this chapter. To incur liability for enforcement services imposed by this chapter, the responsible person for the gathering need not be present at such gathering resulting in the response giving rise to the imposition of enforcement services. This chapter therefore imposes vicarious as well as direct liability upon a responsible person. M. A "social host" is an adult who permits a party, gathering, or event where one or more minors consume one or more alcoholic beverages, marijuana or other controlled substances on property owned or controlled by an adult. 10.43.020 Consumption of alcoholic beverages, marijuana, or other controlled substances by minors prohibited in public places, places open to public, or places not open to public. Except as permitted by state law, no minor shall: A. Consume at any public place or any places open to the public any alcoholic beverage, marijuana or other controlled substance; or B. Consume at any place not open to the public any alcoholic beverage, marijuana, or other controlled substance, unless in connection with the consumption of the alcoholic beverage that minor is being supervised by his or her parent or legal guardian. 10.43.030 Hosting, allowing a gathering where minors consuming alcoholic beverages, marijuana and other controlled substances prohibited. A. Except as permitted by Article 1, Section 4, of the California Constitution, it is unlawful for any person having control of any premises who knows or should reasonably know that he or she has hosted, permitted, or allowed a gathering to take place at said premises, where at least one minor consumes an alcoholic beverage, marijuana or other controlled substance wherever the person having control of the premises either knows a minor has consumed an alcoholic beverage, marijuana or other controlled substance or reasonably should have known that a minor consumed an alcoholic beverage, marijuana or other controlled substance by a minor. B. It is the duty of any person having control of any premises, who knows or should know that he or she has hosted, permitted, or allowed a gathering at said premises to take all reasonable steps to prevent the consumption of alcoholic beverages, marijuana, or other controlled substances by any minor at the gathering. Reasonable steps include, but are not limited to: (1) controlling access to alcoholic beverages, marijuana, or other controlled substances at the gathering; Ordinance No. 2019 — Page 3 of , 2019 Amending NCMC Chapter 10.43 Social Host Ordinance 195 of 207 (2) controlling the quantity of alcoholic beverages, marijuana or other controlled substances present at the gathering; (3) verifying the age of the persons attending the gathering by inspecting drivers licenses or other government -issued identification cards to ensure that minors do not consume alcoholic beverages, marijuana or other controlled substances while at the gathering; and (4) supervising the activities of minors at the gathering. C. Whenever a person having control of a residence or premises is present at the residence or premises at the time that a minor possesses or consumes any alcoholic beverage or controlled substance thereon, it shall be prima facie evidence that such person had the knowledge or should have had the knowledge specified in this section. D. A person who hosts, permits, or allows a gathering shall be deemed to have actual or constructive knowledge that a minor has consumed or possessed alcoholic beverages, marijuana, or controlled substances if the person has not taken all reasonable steps to prevent the consumption or possession of alcoholic beverages, marijuana or controlled substances by a minor or as set forth in this section. E. This section shall not apply to conduct involving the administration of alcohol to or use of an alcoholic beverage by a minor child which occurs exclusively under the supervision of his or her parent or legal guardian, or to the consumption of an alcoholic beverage at any place regulated by the California Department of Alcoholic Beverage Control. 10.43.040 Enforcement services at a party, gathering, or event on private property. When any party, gathering or event occurs on private property as described in Section 10.43.030 and a police officer, fire or code enforcement personnel, or other emergency response providers at the scene determines that there is a threat or detriment to the public peace, health, safety or general welfare, the person(s) responsible for the party, gathering or event shall be liable for the actual cost of enforcement services provided during a response by the police, fire, code enforcement personnel, or other emergency response providers. 10.43.050 Reimbursement for cost of law enforcement services. The actual cost of the enforcement services described in Section 10.43.040 shall be deemed a debt owed to the City by the person responsible for the event and, if that person is a juvenile, their parents or guardians. Any person owing such debt after demand has been refused shall be liable in an action brought in the name of the City for recovery of the same. 10.43.060 Reservation of legal options. The City of National City reserves its right to seek reimbursement for actual costs of enforcement services through other legal remedies or procedures. The procedure provided for in this chapter is in addition to any other statute, ordinance, or law, civil or criminal. This Chapter in no way limits the statutory authority of peace officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by this Article. 10.43.07 Violations. A. General Penalty. All means of enforcement authorized under this code may be used to address violations of this chapter, including, but not limited to: criminal actions, civil penalties, nuisance abatement, civil actions including injunctive relief, and administrative citations. Violations of this Chapter may be charged as a misdemeanor in accordance with National City Municipal Code Chapter 1.20 and shall be punishable to the fullest extent of the law including a one thousand dollar fine and/or six months of jail. Ordinance No. 2019 — Page 4 of , 2019 Amending NCMC Chapter 10.43 Social Host Ordinance 196 of 207 B. Public Nuisance. A violation of the Chapter is hereby declared to be a public nuisance and may be enjoined civilly or administratively. In addition, it is unlawful and a misdemeanor to maintain a public nuisance. Section 2. Severability. If any section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this ordinance and adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. Section 3. This ordinance shall take effect and be in force on the thirtieth (30th) day from and after its final passage. PASSED and ADOPTED this day of , 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Ordinance No. 2019 — Page 5 of , 2019 Amending NCMC Chapter 10.43 Social Host Ordinance 197 of 207 CC/CDC-HA Agenda 4/2/2019 — Page 198 The following page(s) contain the backup material for Agenda Item: Public Hearing and Adoption of a Resolution of the Community Development Commission - Housing Authority of the City of National City (HACNC) approving the Housing Choice Voucher Program's Administrative Plan for Fiscal Year 2019-2020. (Housing Economic & Development) Please scroll down to view the backup material. 198 of 207 CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY COUNCIL AGENDA STATEMENT MEETING DATE: April 2, 2019 AGENDA ITEM NO.: ITEM TITLE: Public Hearing and Adoption of a Resolution of the Community Development Commission - Housing Authority of the City of National City (HACNC) approving the Housing Choice Voucher Program's Administrative Plan for Fiscal Year 2019 - 2020. Marta Rios PREPARED BY: ousin Progrrrts Manager 16 PHONE: 619-33 -4259 EXPLANATION: See attached report. Housing & Economic DEPARTMENT: IV e opment APPRO\BY: FINANCIAL STATEMENT: ACCOUNT NO. There will be no fiscal impact as a result of this action. ENVIRONMENTAL REVIEW: Not applicable ORDINANCE: INTRODUCTION APPROVED: FINANCE APPROVED: MIS FINAL ADOPTION STAFF RECOMMENDATION: Adopt the resolution. BOARD / COMMISSION RECOMMENDATION: Not applicable ATTACHMENTS: 1: Background Report 2: HACNC, Housing Choice Voucher Program's Administrative Plan for FY 2019 - 2020 was distributed via e-mail in pdf format to Council on February 18, 2019, and is available on www.nationalcityca.gov and at: City Clerk's Office, National City Library and the HACNC, Housing Choice Voucher Program office. 199 of 207 Attachment 1 Community Development Commission Housing Authority Of The City of National City Housing Choice Voucher Program Agenda Statement Addendum April 2, 2019 Background: The Housing Choice Voucher Program was enacted as part of the Housing and Community Development Act of 1974, which re -codified the U.S. Housing Act of 1937. The Act has been amended from time to time, most recently on October 21, 1998, with the passage of the Quality Housing and Work Responsibility Act (QHWRA.) The requirements of the Housing Act as amended as they apply to the Housing Choice Voucher (HCV) Program, are described in and implemented through the Administrative Plan. Administration of the HCV Program shall be in compliance with the U.S. Department of Housing and Urban Development's (HUD) HCV regulations as well as all Federal, State and local Fair Housing laws and regulations. The Housing and Economic Development Department will comply with any and all subsequent regulatory and statutory program changes. The Administrative Plan is set forth to define the Housing and Economic Development Department's local policies for operation of the housing programs in the context of Federal laws and regulations. All issues related to the HCV Program not addressed in this document are governed by such Federal regulations, HUD memos, notices and guidelines or other applicable law. The current HACNC Housing Choice Voucher Program Administrative Plan for FY 2019 - 2020 has no revisions and the policies remain in accordance with the published QHWRA requirements. The Resident Advisory Board (RAB), comprising of all HCV Participants, were given an opportunity to review and comment on the proposed HACNC, Housing Choice Voucher Program Administrative Plan for Fiscal Year 2019 - 2020. Staff recommends that the Community Development Commission - City of National City, Housing Authority Board of Commissioners conduct a Public Hearing and consider the adoption of the attached Resolution approving the HACNC, Housing Choice Voucher Program's Administrative Plan for FY 2019 - 2020. 1 200 of 207 CC/CDC-HA Agenda 4/2/2019 — Page 201 The following page(s) contain the backup material for Agenda Item: Public Hearing and Adoption of a 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 2019-2020. (Housing & Economic Development) Please scroll down to view the backup material. 201 of 207 CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY COUNCIL AGENDA STATEMENT MEETING DATE: April 2, 2019 AGENDA ITEM NO.: ITEM TITLE: Public Hearing and Adoption of a 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 2019 - 2020. Marta Rios PREPARED BY. Hou In Progjams Manager 1 PHONE: 619-336-4259 EXPLANATION: See attached report Housing & Economic D DEPARTMENT: APPR lopment FINANCIAL STATEMENT: ACCOUNT NO. There will be no fiscal impact as a result of this action. ENVIRONMENTAL REVIEW: Not applicable ORDINANCE: INTRODUCTION FINAL ADOPTION APPROVED: FINANCE APPROVED: MIS STAFF RECOMMENDATION: Conduct the Public Hearing and Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: Not applicable ATTACHMENTS: 1: Background Report 2. Notice of Public Hearing 3: Proof of Publication 4. Streamlined Annual PHA Plan for Fiscal Year 2019 - 2020 was distributed via email in pdf format to Council on February 18, 2019, and is available on the website: www.nationalcityca.gov and at the City Clerk's Office, National City Library and the HACNC Housing Choice Voucher Program Office. 1202 of 207 ATTACHMENT 1 Community Development Commission Housing Authority Of The City Of National City Housing Choice Voucher Program Agenda Statement Addendum April 2, 2019 Background. The U.S. Department of Housing and Urban Development (HUD), in response to the Quality Housing and Work. Responsibility Act of 1998 (QHWRA), requires housing authorities to prepare a Streamlined Annual Public Housing Agency (PHA) Plan. The PHA Plan concept is based on the consolidated planning process used for HUD's community and development programs. Like the Consolidated Plan that is required by HUD for jurisdictions using federal funds for housing and community development, the plan provides a planning mechanism by which the Housing Authority of the City of National City (HACNC), Housing Choice Voucher (HCV) Program, can examine its long- range needs and short term needs. Specifically, the Plan identifies the needs of the families that it serves and develops both long-term strategies (i.e. Five -Year Plan) and short-term strategies (i.e. Annual Plan) for addressing the needs. The PHA Plan provides details about the HACNC's immediate operations, program participants, programs and services. This Plan also identifies the HACNC's strategy for handling operation concerns, resident's concerns and needs, programs and services. The Resident Advisory Board (RAB), comprising of HCV Participants, were given an opportunity to review and comment on the proposed PHA Plan. No recommendations of comments were received regarding the proposed PHA Plan. Staff recommends that the Community Development Commission - City of National City, Housing Authority Board of Commissioners conduct a Public Hearing and consider the adoption of the attached Resolution approving the HACNC, Streamlined Annual Public Housing Agency (PHA) Plan for FY 2019 - 2020. 203 of 207 NOTICE OF PUBLIC HEARING Attachment 1 Community Development Commission -Housing Authority of the City of National City Housing Choice Voucher Program Streamlined Annual Public Housing Agency Plan (PHA) for Fiscal Year 2019 - 2020 NOTICE IS HEREBY GIVEN that the Board of Commissioners of the Community Development Commission -Housing Authority of the City of National City (CDC -HA) will hold a public hearing on April 2, 2019, at 6:00 p.m., in the National City Council Chambers located at 1243 National City Boulevard, National City, California. Public testimony can be heard on the proposed Streamlined Annual Public Housing Agency Plan for Fiscal Year 2019-2020, The referenced plan and policies will be released for a 45-day public review and comment period. The Public Housing Agency (PHA) Plan is a comprehensive guide to a public housing agency's policies, programs, operations, and strategies for meeting local housing needs and goals for the Section 8 Housing Choice Voucher Program. The Annual Plan is submitted to the U.S. Department of Housing and Urban Development (HUD) every year. The draft PHA Plan will be available for public review after February 17, 2019 at the following locations: CDC -Housing Authority of the City Of National City Housing Choice Voucher Program 140 E. 12th Street, Suite B National City CA 91950 City of National City — City Hall City Clerk 1243 National City Blvd National City CA 91950 City of National City Main Library 1401 National City Blvd National City CA 91950 Written comments may be submitted prior to the public hearing and during the 45-day comment period ending on or about April 2, 2019, to: CDC -Housing Authority of the City of National City Housing Choice Voucher Program Attn: Marta Rios 140 E. 12th Street, Suite B National City CA 91950-3312 Phone: (619) 336-4254 Fax: (619) 477-3747 DATED: February 17, 2019 Leslie Deese Executive Director -2 Date of Publication: February 20, 2019 204 of 207 an Diego Uuiou4Lribunt PROOF of Publication Bill To: CITY OF NATIONAL CITY COMM.DEV.COMM SECO-8RENT ASST - CU00465754 140 E 12th St Ste B National City,CA 91950-3323 STATE OF ILLINOIS COUNTY OF Cook The Undersigned, declares under penalty of perjury under the laws of the State of California: That he/she is and at all times herein mentioned was a citizen of the United States, over the age of twenty-one years, and that he/she is not a party to, nor interested in the above entitled matter; that he/she is Chief Clerk for the publisher of San Diego Union -Tribune a newspaper of general circulation, printed and published daily in the City of San Diego, County of San Diego, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all the times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of San Diego, County of San Diego, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to, and which newspaper is not devoted to nor published for the interests, entertainment or instruction of a particular class, profession, trade, calling, race, or denomination, or any number of same; that the notice of which the annexed is a printed copy, has en published in said newspaper in accordance with the iniruction of the person(s) requesting publication, and not jn . ny supplement thereof on the following dates, to wit: February 0 -019 I se ify under pe tdl y of perjury and /California th� •t�i foregoing is true an Dated in th' City Qf Chicago, St on this 20/th o February 2019. St- anie Sob' San Di o1n +n-`P +b `C a Advertising of the State of 3 Proof of Publication of See Attached ETD 2,6 NO Ccsse 1`Icinti �— -- — 6141831 205 of 207 .San Inept Bill To: CITY OF NATIONAL CITY COMM,DEV.COMM SECO-BRENT ASST-.CU00466754 140E 12th St Ste B National City,CA 91950-3323 Sold To: CITY OF NATIONAL CITY COMM.DEV.COMNM SECO-BRENT ASST- CU00465754 140E 12th St Ste B National City,CA 91950-3323 NO 1CLOI rUELIC ING NOTICES IS HEREBY O IVEN thnt the Roor4 of commissioners of the Community Development Conn inisston• austn0 Au. moray of the City of National City (CDC - NA) hearingll o on Ap rll 2, 2019, at 603 pm, In the Natt naI City Connell pted atomisers located City ou4le Na- tional National L1 C I1ror. ale. public Callffo y can, ppublic fQsttma 1y can be den tr ill Ind An Strsallic lliaising A9 I y Nan fst envy 10- 29 . The Year 2Qts- p 20. The policies be i • and po4il- be rpub cr fora ncl tinyinent review and s6mltlent period. The Public Housing Agency (PHA} Plan is a eomltrsltensive iJJelde to a public Noosing agency's pollclos, programs, operations, 4110 strat- egies roe mooting local housingneeds and goals for the Sec- tion of -musing Choice Voucher Program. The Annual plan Is submitted to the U.S. Department of Hous- ing and Urban Doval- o911191 t (HUD) every e The draft avaPHA plan will bo review for tpublic ? 20. 2 after hefotlyl following ro0an.' at -._the follo4elny toed` tams)4 CDC -Rowing Author- ity oftheClry Of National City Housing Choice Votic hear PYogram 149 0, 121h St(eot, suite R National City cA 91930 City or National City clry Hrk1Natlouol City National city CA 91930 City of National City Maln Library 14011 National City EgvNational City CA 01950 WCltteo comments may be submitted prior to the public 1 eatingg and during the 49-Clay comment period ending on or ahatit AINII 2 2010, Col CDC -Housing Autltor- Ity or the City or No - timbal City dousing choice Voucher Program Aida Marto pins 140 E, 12th street, Suite 9 91910 31312CI1y CA Phones (610) 336- P m (619)477.3747 Lasl(e Deese Efrect1IIV0 Dlre[tor -4 6141831 206 of 207 N In :0 O .1.i 0 rU 4 7.3 w wj 4 • T'I O 0 N N 0 :0 a+ 0. L 0 0 0 N O 0 0 0 0. 0 L u7 lld • E0 0 a =v o 4-1 0 C D Search Hits: 0 0 W O ^ et i In L1/ 2 In s O v >.O 0 °-r }..a ° V N, 00a �..z 0 131 4 I ▪ x ''" z 0 o, In z O N Opi 'vi 4 3 E C 01 ▪ F- F 1 p• N Z�4 Ts e L. IL, a • v I ap O 1 .,-r . c V �• ; }0 To~§= • {L UV -IW III CD OS IL L L L 0- U 1* 0 0 O N 0 13 rTh co O CD3-g- E E' E .9 0¢ Z Z Q Z a a) C - L 0 in,_ • ers V ] 0 d ¢ IZ ▪ 0 y o Q 37 L} O U3 /z M Zone: ME 111 N. 0 N O r- 0 N