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HomeMy WebLinkAboutAgenda Packet - 04-02-19 CC HA Agenda - FinalAGENDA 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 319 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 319 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. 3. National Prescription Drug Take Back Day 4. National City Celebrates National Latina Business Women Association National City Proclaims Census Day Day AWARDS AND RECOGNITIONS 5. Introduction of new employee, Karina Lopez, Senior Office Assistant. (Community Services) PRESENTATIONS 6. Gun Violence Restraining Orders Penal Code Sections 18100-18197. (City Attorney) INTERVIEWS / APPOINTMENTS 7. Interviews and Appointments: Various Boards & Commissions. (City Clerk) CONSENT CALENDAR 8. 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) 9. Approval of the Minutes of the Special Meetings of the City Council of the City of National City of September 18, 2018 and December 18, 2018 and 3 of 319 CC/CDC-HA Agenda 4/2/2019 — Page 4 the Regular Meetings of the City Council and Community Development Commission - Housing Authority of the City of National City of September 18, 2018, October 2, 2018, October 16, 2018, November 20, 2018, and December 4, 2018. (City Clerk) 10. 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) 11. 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) 12. 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) 13. Resolution of the City Council of the City of National City adopting City Council Policy #104 - Rules of Procedure and Order for City Council Meetings. (City Manager) 14. 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) 15. 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) 16. Warrant Register #34 for the period of 02/13/19 through 02/19/19 in the amount of $248,456.19. (Finance) 17. Warrant Register #35 for the period of 02/20/19 through 02/26/19 in the amount of $2,007,614.26. (Finance) 18. 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 4 of 319 CC/CDC-HA Agenda 4/2/2019 — Page 5 19. 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) NON CONSENT RESOLUTIONS NEW BUSINESS 20. Approval of rescheduling of fiscal year 2020 budget workshop dates. (Finance) B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY CONSENT RESOLUTIONS - HOUSING AUTHORITY PUBLIC HEARINGS: RESOLUTIONS - HOUSING AUTHORITY 21. Public Hearing and Adoption of a Resolution of the Community Development Commission - Housing Authority of the City of National City (CDC -HA) approving the Housing Choice Voucher Program's Administrative Plan for Fiscal Year 2019-2020. (Housing Economic & Development) 22. Public Hearing and Adoption of a Resolution of the Community Development Commission - Housing Authority of the City of National City (CDC -HA) 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 23. 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) 5 of 319 CC/CDC-HA Agenda 4/2/2019 — Page 6 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. Special Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Budget Workshop - Tuesday - April 9, 2019 - 5:00 p.m. or to be determined - 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 319 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 319 Item # 04/02/19 National City Proclaims Fair Housing Association Month Proclamation Forthcoming 8 of 319 CC/CDC-HA Agenda 4/2/2019 — Page 9 The following page(s) contain the backup material for Agenda Item: National City Proclaims Census Day Please scroll down to view the backup material. 9 of 319 Item # 04/02/19 National City Proclaims Census Day Proclamation Forthcoming 10 of 319 CC/CDC-HA Agenda 4/2/2019 — Page 11 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. 11 of 319 Item # 04/02/19 National Prescription Drug Take Back Day Proclamation Forthcoming 12 of 319 CC/CDC-HA Agenda 4/2/2019 — Page 13 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. 13 of 319 Item # 04/02/19 National City Celebrates National Latina Business Women Association Day Proclamation Forthcoming 14 of 319 CC/CDC-HA Agenda 4/2/2019 — Page 15 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. 15 of 319 Item # 4/2/19 Introduction of new employee, Karina Lopez, Senior Office Assistant. (Community Services) 16 of 319 CC/CDC-HA Agenda 4/2/2019 — Page 17 The following page(s) contain the backup material for Agenda Item: Gun Violence Restraining Orders Penal Code Sections 18100-18197. (City Attorney) Please scroll down to view the backup material. 17 of 319 Item # 04/02/2019 Presentation Gun Violence Restraining Orders Penal Code Sections 18100-18197 City Attorney's Office 18 of 319 CC/CDC-HA Agenda 4/2/2019 — Page 19 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. 19 of 319 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 PHONE: 619-336-4226 EXPLANATION: See attached. DEPARTMENT: City CI rk 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 20 of 319 BOARDS & COMMISSIONS — CURRENT VACANCIES AND EXPIRED TERMS April 2, 2019 LIBRARY BOARD OF TRUSTEES (Appointing Authority: Mayor, subject to confirmation by City Council) There is one unexpired term on the Library Board and three new applicants (H. Bradley Bang, Christina Griffin -Jones, and Cheryl Howrey Colmenaro). Name Interviewed H. Bradley Bang No Cheryl Howrey Colmenaro No Christina Griffin -Jones No (Also applied for Planning & Public Art) PUBLIC ART COMMITTEE (Appointing Authority: Mayor, subject to confirmation by City Council) There are two vacancies on the Public Art Committee and two applicants (Charles Reilly and Christina Griffin -Jones). Mr. Reilly, who represents the City on the Port Pubic Art Committee, has expressed a desire to be appointed. Name Interviewed Charles Reilly Yes Christina Griffin -Jones No (Also applied for Planning & Library) COMMUNITY AND POLICE RELATIONS COMMISSION (CPRC) (Appointing Authority: Mayor, subject to confirmation by City Council) There is one expiring term (Zachary Gomez) and one vacancy on the CPRC. Mr. Gomez was appointed 8 months ago. Per City Council Policy #107, he may be re -appointed to a full term without considering other candidates. There are two new applicants for the vacant position who need to be interviewed (Robert Angel and Stephen DelaCruz). One additional applicant submitted an incomplete application. Name Interviewed Zachary Gomez Incumbent (Also on PRSCAB) Robert Angel No Stephen DelaCruz No (Also applied for Planning & Veterans) PLANNING COMMISSION (Appointing Authority: City Council) There is one expiring term (Ditas Yamane) and one vacancy (Gonzalo Quintero) on the Planning Commission. Ms. Yamane has indicated a desire to be re -appointed. There are six new applicants (Chris Butcher, Stephen DelaCruz, Sherry Gogue, Christina Griffin -Jones, Cheryl Howrey Colmenaro, and Daniel Perez). Name Interviewed Ditas Yamane Incumbent Chris Butcher Yes (Appointed to PRSCAB 11-20-18) Sherry Gogue Yes (Appointed to Library 12-04-18) Christina Griffin -Jones No (Also applied for Public Art & Library) Cheryl Howrey Colmenaro No Stephen DelaCruz No (Also applied for CPRC & Veterans) Daniel Perez No VETERANS & MILITARY FAMILIES ADVISORY COMMITTEE (Appointing Authority: Mayor, subject to confirmation by City Council) There is one vacancy on the Veterans & Military Families Advisory Committee, and one applicant (Stephen DelaCruz). Name Interviewed Stephen DelaCruz No (Also applied for Planning & CPRC) 1 21 of 319 Educational Background: CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Community & Police Relations Commission* (CPRC) Library Board of Trustees Parks, Recreation & Senior Citizens Advisory Board Veterans & Military Families Advisory Committee* Civil Service Committee Planning Commission Public Art Committee* Traffic Safety Committee Y Applicants must be residents of the City of National City except for those marked by an * and all applicants must be U.S. Citizens. > Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: RO7'7 - yC�'1RO/2U. 3 7 E-Mail: 497%�'iil IL ,Q,A 11.1 /(2/ Af•'F., D. Av4. , /f 4- cc� , Home Address: Tel. No.: G /9 2 9'2 4 (17 L/ Business Affiliation: ((/ /_} Title: Business Address: Tel. No.: Length of Residence In National City: ( San Diego County: California: Rs) 1 CL -RC- i � i 7 jO R / Occupational Experience: .._S't-' c‘14 TFF«R C 019 R-1.9D / .` /,Cj (,e/ 2pc.1,,q l3 /1' C)C-,4) 7 L/ e A- L I ST , C r7,7 C.) PA-( -1 C. / L. 16-& C LJ 77 ( S't37,1 f Professional or Technical Organization Memberships: 15 e= f'I'h,51/e3 rnv 777--g . 65 yt> vr~-o-irter. i Civic or Community Experience, Membership, or Previous Public Service Appointments: fJ&1 iC tv7,)77,c.D ia Ai4'' CfL/t c 1 27? e' ,r✓ G r> /' �'IC C � Experience or Special Knowledge Pertaining to Area of Interest: 5 C eq-c-r- OFF QC r<lL (A)Dk/��> Have you ever been convicted of a felony crime? No: +'Yes:_ misdemeanor crime? No: If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. �t r �-P — ),, r c- rn Date: 0-� /°t-I / 2� 9 Signature: l % �iC--� --1 cr' r)' l .' Q Please feel free to provide additional information or letters of endorsement. uo: c_) Return completed form to: Office of the Clty Clerk, 1243 National City Blvd., NationaP ity A 91950 Thank you for your interest in serving the City of National City. Pursuant to the California Public Records Act, information on this form may be released to the public upon request. 1 Revised: February 2019 22 of 319 Supplemental Application: National City Community and Police Relations Commission The National City Community and Police Relations Commission serves as an independent, unbiased and impartial office that Is readily available to the public. It is an organization for the improvement of police and community relations and the facilitation of disputes whenever possible. It provides a forum for citizens to voice their concerns, comment about police conduct, practices and policies and improves communication between citizens and the National City Police Department The National City Community and Police Relations Commission is empowered to receive and review complaints regarding National City Police Department Personnel for alleged misconduct, and to recommend appropriate changes of Police Department policies and procedures toward the goals of safeguarding the rights of persons and promoting higher standards of competency, efficiency and justice in the provision of community policing services. Applicants must be completely forthright and truthful during the application process. Applicants may be disqualified in the background process as a result of dishonesty and/or purposely omitting information regarding one's criminal history. Given the complexity of this Commission and its duties, It Is necessary to pass a criminal background check prior to appointment by City Council and/or swearing In as Commissioner. The Human Resources department will contact you to schedule the criminal background process when, and if appropriate. It is Important to note that you fill out this application completely and honestly to the best of your abilities. Failure to disclose your criminal history mayresult in disqualification. If a conviction has been expunged disclosure is not required. Applicant Name: MOT -Z — Have you ever been convicted of a felony crime: No: Yes: Have you been convicted of a misdemeanor: No: Yes: If any convictions were expunged disclosure is not required. Please feel free to provide an explanation or information regarding yes answers to the above two questions. There may be circumstances that could disqualify an applicant from the background process beyond the listed crimes below. Each incident is evaluated in terms of the circumstances and facts surrounding its occurrence and its degree of relevance to the position. c-, **Disqualifying criteria for Community and Police Relations Commissioner4re fisted on the back of this form. rri :Mriq .74 2 23 of 319 Pursuant to the California Public Records Act, Information on thls form may be released to the public upon request. CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Community & Police Relations Commission* (CPRC) Library Board of Trustees Parks, Recreation & Senior Citizens Advisory Board Veterans & Military Families Advisory Committee* Civil Service Committee _ Planning Commission Public Art Committee* Traffic Safety Committee > Applicants must be residents of the City of National City except for those marked by an * and all applicants must be U.S. Citizens. Y Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: 1-H . B i ct c (:y B2 49 Home Address: f D n tE T� S T Business Affiliation: E Business Address: Tel. No.: Length of Residence in National City: 14 years San Diego County:-O a,r California: 5t &zrs Educational Background: NIA n ciccrtiv,�, �c-5ucrx-tivf,61 (`ec���o(� 5 DS tt t9S-?.) (11 uk. 1 T'p (.e S' �/.) l:.ec't read i tj Cry c)e11Thio j — N'cA'1'i o r (LAfi Ur i 1 ?? ?) NS' fi g a -rTU Occupational Experience: -O ears Gal 6.tter 0-C1gssr36rr eer4- t•45 S, (S y ec r. Y1& IPA) ciuc;t•iscv7 Slk ire 1 is l � ©`Fz�r;,c 1( 4.- L. i n cD L7 i-f 5 Professionalyor Technical Organization yMemberships: FOl^ tr_ f's eir16. 1CC L CS X,fre -. 6176„ )c .j -111 c)c't e. Cam A cLA; co'tt.,1 •Too elX 4• tt S` P.�--A r.�VDAct1 cJC�c e' c) C ' Pefarr'lon c 1 . � r1 5�r� cleofi Civic or Community Experience, Membership, or Previous Public Service Appointments: E-Mail: aci�JGnGa`�'1'i!..d Cc9r17 Tel. No.:l t a.54-1`•-06 5'7 Title: Experience or Special Knowledge Pertaining to Area of Interest: Asineji'c Crec: a) s1cxt;N7s,4io(c Tode, coo rc 'zil'e M.11-\e Li bR oA Sr3cec;., �(Jpn15, prey `t�f�llilS dick e uj riieyil Have you ever been convicted of a felony crime? No: Yes:_ misdemeanor crime? No:X, Yes:_ If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. Date: 3f 1 6/p of `' Signature: 9 4 )-el a,; :} ri Please feel free to provide additional information or letters of endorsemt.' -• c - 03 :717? Return completed form to: Office of the City Clerk, 1243 National City Blvd., Nationality, A 93:p` io Thank you for your interest in serving the City of National City. r-i .r. ra :74 IV Revissid: Pr4ruary 2019 3 24 of 319 H. Bradley Bang 10 East 5th Street National City, CA 91950 Employment 2002 — 2017 Computer Lab Prep Teacher at Euclid Elementary School, SDSUSD 2000 - 2002 Classroom Teacher at Perkins Elementary School, SDUSD 1999 — 2000 Computer Lab Resource Teacher at Hamilton Elementary, SDUSD 1998 - 1999 Computer Lab Prep Teacher at Perkins Elementary, SDUSD 1990 —1997 Media Production Specialist at O'Farrell Community School 1989.1990 Instructional Designer for Courseware Andersen Consulting 1983 —1989 Media Technician at Lincoln High School For the last 15 years I have been a Prep Teacher at Euclid Elementary School. My duties primarily consisted of teaching computer skills to students from Kindergarten to 5th Grade. This included, various computer instructional programs such as Raz Kids, Learning Upgrade and Achieve 3000. I also did a lot of writing using Microsoft Word and Microsoft Excel. I provided preparation time for our classrooms teachers. 1 was responsible for publishing a prep schedule for our school and informing teachers and administration about schedule changes. In addition, I did many workshops for teachers on Email, educational websites, and maintaining computer equipment. I also served our school as chair on the Technology Committee and as Chair for the Site Governance Team. Finally, the last few years I have served as the SDEA Site Representative for our school. Education 1997 Received Multiple Subject Teaching Credential — National University 1989 Received MA In Educational Technology — SDSU 1984 Received BS in Television and Film Production-SDSU Special Interest Educate for the Future — Advocate for public education and programs to promote equity. Environmental Caucus for the Labor Council — Support legislation/programs for the environment. Alliance of Californians for Community Empowerment — Support statewide/neighborhood issues. Residential Leadership Academy — Develop plans to create positive change in our community. 4 25 of 319 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Community & Police Relations Commission* (CPRC) LibraryBoard of Trustees Parks, Recreation & Senior Citizens Advisory Board Veterans & Military Families Advisory Committee* Civil Service Committee X Planning Commission Public Art Committee* Traffic Safety Committee Y Applicants must be residents of the City of National City except for those markod by an * and all applicants must be U.S. Citizens. Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: CHRIS BUTCHER Home Address: 667 PARADISE WAY E Mail: CBUTCHER2800@GMAIL .COM Business Affiliation: CLOUD NOW LLC Business Address: 667 PARADISE WAY Tel. No,: 949-310-0990 Title: PRESIDENT Length of Residence in National City: 6 Tel, No.: 949-310-0990 San Diego County: 35 California: 50 Educational Background: MARIAN CATHOLIC HIGH SCHOOL 1980-1984, SAN DIEGO STATE UNIVERSITY 1984-1989 NATIONAL UNIVERSITY 1991-1994 Occupational Experience: HIGH SCHOOL TEACHER 1991-2000 AT HOOVER I IIGH & IRVINE HIGH SCHOOLS, TELECOMMUNICATIONS CONSULTING AND SALES FROM 2000-CURRENT Professional or Technical Organization Memberships: HIGI I SCHOOL SECONDARY SCHOOL TEACHING CREDENTIAL (EXPIRED), FORTINET NETWORK SECURITY EXPERT 2018 Civic or Community Experience, Membership, or Previous Public Service Appointments: ORANGE. IRVINE AND NATIONAL CITY CHAMBER OF COMMERCE 2000-2006. BOARD OF DIRECTOR AT NATIONAL CITY CHAMBER OF COMMERCE 2016-2017. Experience or Special Knowledge Pertaining to Area of Interest: 201T NATIONAL CITY CHAM3CTi VOLUNTOER OF THE YEAR & 20'7.AMBASSADOR OF THE YEAH. CURRENTLY ONIIOMD OF 1HE NATIONAL CI I POLICE d FIRE FOUNCATION. EXTENSIVE VOLUNTEER AND LEADERSHIP EXPERIENCE. Have you ever been convicted of a felony crime? No:L, Yes:_ misdemeanor crime? No:L Yes:_ If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. Date: 02/28/2019 Signature: Please feel free to provide additionaTinformation or letters endorsern_ent:- (.--.:) Return completed form to: Office of the City Clerk, 1243 National City Blvd., Nation tiCit,'-,CA 9.%50 Thank you for your interest in serving the City of National City.....; Ca rT This documents is filed as a public document RevisedI:Marci�f�2017.171 C� ("5-:.? —I W 5 26 of 319 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Community & Police Relations Commission* (CPRC) Library Board of Trustees ✓' Parks, Recreation & Senior Citizens Advisory Board ✓Veterans & Military Families Advisory Committee* _ Civil Service Committee ✓Planning Commission Public Art Committee* Traffic Safety Committee > Applicants must be residents of the City of National City except for those marked by an * and all applicants must be U.S. Citizens. > Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: Sktf\A-tV ORP Q /z E-Mail: SDa.Ac oO-1S 1aTa'�yA�,vu Horne Address: 21 U2 F AVE943 Business Affiliation: Business Address: Tel. No.: Length of Residence in National City: p f25 San Diego County: pZ- 5 California: Li Educational Background: \,\\9\\ 56,00 t4 Q `UrnFk j 2 yEmig. 5 u/u(oA GDIi I E TeL No, 3) 9.0 q `7 Title: Occupational Experience: C V 1 \ 4.1414 J- Q- ' CA-0 i ► 0 /LS Professional or Technical Organization ivlemberships: Civic or Community Experience, Momb rship, or Previous Public Service Appointments• \7. has I`P+ \u P� 5 6,,001 rj 6t (1)' COS ,�-w A4ft5175o ,1 � �s�b�I a Experience or Special Knowledge Pertaining to Are � of interest: , LA t COI aCh CO tO� � -k� 5 c o \ s v v`u s-A I- j2 4 SACta3 Have you ever been convicted of a felony crime? No:, Yes: misdemeanor crime? No:X Yes:_ If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. :..�i r Date: �\�Z... � Signature: --. ...�E..� Please feel free to provide additional information or letters otndrsetient:C3, Return completed form to: Office of the City Clerk, 1243 National City Blvd., NationabCitCA 91950 _1 Thank you for your interest in serving the City of National City. w Pursuant to the California Public Records Act, information on this form may be released to the public upon request. 6 Revised: February 2019 27 of 319 Supplemental Application: National City Community and Police Relations Commission The National City Community and Police Relations Commission serves as an independent, unbiased and Impartial office that Is readily available to the public. !t is an organization for the improvement of police and community relations and the facilitation of disputes whenever possible. It provides a forum for citizens to voice their concerns, comment about police conduct, practices and policies and improves communication between citizens and the National City Police Department The National City Community and Police Relations Commission is empowered to receive and review complaints regarding National City Police Department Personnel for alleged misconduct, and to recommend appropriate changes of Police Department policies and procedures toward the goals of safeguarding the rights of persons and promoting higher standards of competency, efficiency and justice in the provision of community policing services. Applicants must be completely forthright and truthful during the application process. Applicants may be disqualified in the background process as a result of dishonesty and/or purposely omitting information regarding one's criminal history. Given the complexity of this Commission and its duties, it is necessary to pass a criminal background check prior to appointment by City Council and/or swearing in as Commissioner. The Human Resources department will contact you to schedule the criminal background process when, and if appropriate. It Is important to note that you fill out this application completely and honestly to the best of your abilities. Failure to disclose your criminal history may result in disqualification. If a conviction has been expunged disclosure is not required. Applicant Name: SVZEV \ 06. L,A Ci Have you ever been convicted of a felony crime: No: Have you been convicted of a misdemeanor: No: If any convictions were expunged disclosure is not required. Yes: Yes: Please feel free to provide an explanation or information regarding yes answers to the above two questions. There may be circumstances that could disqualify an applicant from the background process beyond the listed crimes below. Each incident Is evaluated in terms of the circumstances and facts surrounding its occurrence and its degree of relevance to the position. **Disqualifying criteria for Community and Police Relations Commissioner are listed on the back of this form, 7 28 of 319 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Community & Police Relations Commission'` (CPRC) Library Board of Trustees Parks, Recreation & Senior Citizens Advisory Board Veterans & Military Families Advisory Committee* Civil Service Committee /Planning Commission Public Art Committee* Traffic Safety Committee > Applicants must be residents of the City of National City except for those marked by an * and all applicants must be U.S. Citizens. > Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: 5-Le Tn �o 4,, e Home Address: 3 L I I f'. X C Cal i sa Tel. No.: 6, I g 7 9 3 6 5b Business Affiliation: (--- r,..QAS T n s A ym cy Business Address: Ck„Ar, )2J Length of Residence in National City: 1 (a tfrl San Diego County: 3 S California: 3s- Educational Background: SLLuat CPr]'�,'Lrt Occupational Experience: �— r Professional or Technical Organization Memberships: Cbnr Civic or Community Experience, Membership, or Previous Public Service Appointments: j).C., L, L- 1 gaf Experience or Special Knowledge Pertaining to Area of intere t: Have you ever been convicted of a felony crime? No: X Yes:_ misdemeanor im9? If any convictions were expunged disclosure Is not required. Convictions arVnot necessarily disqualifying. Please feel free to provide an explanation or information regardirrq yeil ar ve s to the above two questions. 4y� rn Date: 3l/3f 19 Signature: E-Mail: Skerry q oqur (al4 gitAA;1• Title: / r f,rri Tel.No.: G Iq_ 337- o la --a to Please feel free to provide additional information or letters of endorsement. Return completed form to: Office of the City Clerk, 1243 National City Blvd., National City, CA 91950 Thank you for your interest in serving the City of National City. Pursuant to the California Public Records Act, Information on this form Revised: February 2019 may be released to the public upon request. 8 29 of 319 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Community & Police Relations Commission` (CPRC) Library Board of Trustees d &ic ire Parks, Recreation & Senior Citizens Advisory Board Veterans & Military Families Advisory Committee* Civil Service Committe Planning Commission i 4 atc1 t-P Public Art Committee*Oi-jt CAc1 ii — Traffic Safety Committee Applicants must be residents of the City of National City except for those marked by an * and all applicants must be U.S. Citizens. y Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: 0.41111I srrI^tit GI24 1VE-Mail: CI1ri..q • jfl(('1Y1 0 1114111. LEA Home Address: 1/1/0LI C`(\el(UfP f-1• (tandna1 0I1 lit° No.: 11'H 4'1`i Business Affiliation: 60) t1 A 4A0 a O Title: OVA d Business Address: 921 °41 C. G i1 F (p `r-'' • 1 til p Tel. No.: Length of Residence in National City: V i tors San Diego County: i 1 ifs California: ( 11S Educational Background: bit( Qiv In f 4rl t11 ff,i 2 lytrm 1� t>►�(lA ��j� 010(01 Occupational'Experience: DVi( 10 gyp, (� .Dot�7P,fl o p I G lJ n c �1 evnlyn x, tI in qc hal a Ccl WI LO tilLn rk.n c,I Pr essional or Technical Organization Memberships: 'nQI 111/ ( p Urfi 11 t•rW waif D) AAA) >a j 1.0 i Wick 3/1 V i k MI6() IlAti i1rl1 1040 , \aI2h1 if GIE/ 0,121 1a111 Civic or Community Experience, Membership, or Previous Public Service Appointments: 1-4\-e;1n0) ilex�)� tl' P nt f Lehi. r5l b 11� Gh 1- FQ 4 �,h 911 e r , 4 E %ieridL�orWecilii no edV efigini g t re of Interest: �t� - 1 a.(n a a..( ill ,0-5f 1) oki) I L`1 t? h 1,0 .opt ),eAl f n (QC1 11401 %MP at ft 4414 b tt ken f u n k lI Have you ever been convicted of a felony crime? No, . Yes:_ mi�fiemeanor crim ? No: Yes: 6 t If any convictions were expunged disclosure is not required. Convictions are not necessarily kou mit disqualifying. Please feel free to provide an explanation or information regarding yes answers to the Q' e� OW above two quejons�... UU 414 m ,_. Cal .-.s cm n% 41 LAJ14.i U. :c' Date. : ; vcZ/ 1 n ei`1tiPb'll¢i¢i� • �, t rnL Att Lu cy.}L:;: Pse;.#hel free to provide additional information or letters of endorsement. uV1i13 lv Return complel foam to: Office of the City Clerk, 1243 National City Blvd., National City, CA 91959 (, inVIA VPd end' Thank you for your interest in serving the City of National City. Signature: Pursuant to the California Public Records Act, information on this form may be released to the public upon request. 9 rteid" 41 u c0111114111-1j.1 Mk( 4 Revised: February 2019 bl IW c k1' CAM hA V1 ►1T I \ r po hcvl . 30 of 319 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Community & Police Relations Commission* (CPRC) Library Board of Trustees Parks, Recreation & Senior Citizens Advisory Board Veterans & Military Families Advisory Committee* Civil S Forittee Plannit g"'t o i r 3 n Public Art Committee* T �tfic##afetli Cilf,nAttlb ➢ Applicants must be residents of the City of National City except for those markl a`riAlt-ana all applicants must be U.S. Citizens. > Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: Home Address: Business Affiliation: t� _ r_ 1p (, ri\L)21�c? ro —OL G� ZQ L- V. (CJ� TeI. No.0 C-t qr ,gDl? Business Address: Length of Residence in Nationa Title: Tel. No.: It iego County: Cii&ia: (' (VLS ' r Educational Backgud: Y-1.-00 k ( 'C� (,� Profess Si ! or Tec ical Organiza ion Members) ps: �{� 0 C: ( ,.0, `Y`Afl\ 1- t C/ \u- C 1.0 Dais, \ �� IliG("---.0 Civic or eri Community Exp e-1ce, Member , or : rev) is`Publi Service Appo nt nts: I xperienc or pecial Knowl ge Pertaining to �� a of Interest: ` _ t r , e `'`� ...e 5 ..v.c_.o1(r) ! u Occupational Experience: \r\r\-- c . r\c o Haveyou fiver been convicted of a felony e? No•CYes:_ Misdemeanor crime? Nq\ If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. Date: 3` 1 -e\O l 6 Signature: Please feel free to provide additional informatiorT le ers of en Return completed form to: Office of the City Clerk, 1243 National City Blvd. National City, CA 91950 Thank you for your interest in serving the City of National City. This form is filed as a Public document 10 n In4A.1-(AD nt C'7 r) rrl J Rev. 1112018 31 of 319 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES _ Community & Police Relations Commission* (CPRC) Library Board of Trustees Parks, Recreation & Senior Citizens Advisory Board _ Veterans & Military Families Advisory Committee* _ Civil Service Committee )Planning Commission Public Art Committee* Traffic Safety Committee ➢ Applicants must be residents of the City of National City except for those marked by an * and all applicants must be U.S. Citizens. Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: 'Devi\kN:t E-Mail: GkNie,ifSb�:_`,3;M,Aut.t,-G,. Home Address: 1,,106(3 tkve, Tel. No.: (IC 9Fig 6191 Business Affiliation: Title: Business Address: Tel. No.: Length of Residence in National City: 1 V.San Diego County: `3' t%California: fo.re z Educational Background: �•C , ttgt`...A*4 4A.rAt4'.. ! $►,+tY..x•ve.- Occupational Experience: (% «� �� .r`�...1�4,- 54- r 1_ t,A ,�y� t, �, \ * -t Cir1 ak•�-a� Professional or Technical Organization Memberships: ; G t�,Q ► Cif a-A-4,- Civic or Community Experience, Membership, or Previous Public Service Appointments: Experience or Special Knowledge Pertaining to Area of Interest: Have you ever been convicted of a felony crime? No;;0 Yes:misdemeanor crime? No:4 If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please fees free to provide an explanation or information regarding y. s answers to the above two questions. c.) `r/ 7 C"� Date: 'Z, 01b Signature; ./! t.a! L > r` it-r) Please feel free to provide additional information or.letter- of endorserrient:w. -°C Return completed form to: Office of the City Clerk, 1243 National Cit1B1 .., Nationa!Cir CA 91950 Thank you for your interest in serving the City of National City. Pursuant to the California Public Records Act, information on this form Revised: February 2019 may be released to the public upon request. 1 1 32 of 319 CC/CDC-HA Agenda 4/2/2019 — Page 33 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. 33 of 319 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) 34 of 319 CC/CDC-HA Agenda 4/2/2019 — Page 35 The following page(s) contain the backup material for Agenda Item: Approval of the Minutes of the Special Meetings of the City Council of the City of National City of September 18, 2018 and December 18, 2018 and the Regular Meetings of the City Council and Community Development Commission - Housing Authority of the City of National City of September 18, 2018, October 2, 2018, October 16, 2018, November 20, 2018, and December 4, 2018. (City Clerk) Please scroll down to view the backup material. 35 of 319 Item # 04/02/19 APPROVAL OF THE MINUTES OF THE SPECIAL MEETINGS OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY OF SEPTEMBER 18, 2018 AND DECEMBER 18, 2018 AND THE REGULAR MEETINGS OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF SEPTEMBER 18, 2018, OCTOBER 2, 2018, OCTOBER 16, 2018, NOVEMBER 20, 2018, AND DECEMBER 4, 2018. (City Clerk) 36 of 319 Book 100 / Page 169 09-18-2018 DRAFT DRAFT DRAFT MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY September 18, 2018 The Special Meeting of the City Council of the City of National City was called to order at 5:04 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL Council / Board members present: Cano, Mendivil, Morrison, Rios Council / Board members absent: Sotelo-Solis Administrative Officials present: Dalla, Deese, Pedone, Raulston CITY COUNCIL OPEN SESSION PUBLIC COMMENTS — None Members retired into Closed Session at 5:05 p.m. CLOSED SESSION 1. Conference with Legal Counsel — Pending Litigation Existing Litigation under Government Code Section 54956.9(d)(1) Esthela Madrigal v. Bonita Creek Homeowners Association, et al. SDSC Case No. 37-2017-00027590-CU-PA-CTL OPEN SESSION Members reconvened at 5:29 p.m. ROLL CALL Council / Board members present: Cano, Mendivil, Morrison, Rios, Sotelo-Solis. CLOSED SESSION REPORT Acting City Attorney Pedone reported that in Closed Session the City Council gave authority to act by unanimous vote. ADJOURNMENT Next Regular City Council Meeting: Tuesday, September 18, 2018, 2018, 6:00 p.m., City Council Chambers, Civic Center — National City, California. The meeting adjourned at 5:30 p.m. City Clerk The foregoing minutes were approved at the Regular Meeting of April 2, 2019. 1 Mayor 37 of 319 Book 100 / Page 170 09-18-2018 DRAFT DRAFT DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY September 18, 2018 The Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City was called to order at 6:06 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL Council / Board members present: Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Administrative Officials present: Dalla, Deese, Denham, Duong, Mosley, Parra, Pedone, Raulston, Roberts, Tellez, Vergara, Williams, Yano, Ybarra. Others present: City Treasurer Mitch Beauchamp. PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON PUBLIC COMMENTS The following individuals spoke on justice and Earl McNeil: Rick Bramhall, Amie Zamudio, Yusef Miller, Loxie Gant, Marie, Cheri, Elizabeth Senhen, Margaret Kuchnia, Raul Aceves, Brittany McCline, Shane Parmely, Marco Amaral, and Earl McNeil. Annette Delariva, National City, requested to have additional public forums to meet the candidates running for Council and Mayor. PROCLAMATIONS PROCLAMATION ADMIN (102-2-1) 1. MTS Free Ride Day AWARDS AND RECOGNITIONS COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2019 (102-10-14) 2. Recognition of Outgoing Student Council Representative, Erika Gastelum, and Introduction of Incoming Student Council Representative, Danielle Cruz. (City Clerk) 3. Retiree Service Recognition - Police Sergeant Dennis J. Leach. (Police) 4. Employee of the Quarter 2018 - Tonya Hussain, Executive Secretary. (Planning) 2 38 of 319 Book 100 / Page 171 09-18-2018 AWARDS AND RECOGNITIONS (cont.) COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2019 (102-10-14) 5. Receipt of the Certificate of Achievement for Excellence in Financial Reporting for the City of National City's Comprehensive Annual Financial Report and the Award of Outstanding Achievement in Popular Annual Financial Reporting for the City of National City's popular annual financial report from the Government Finance Officers Association for the fiscal year ended June 30, 2017. (Finance) INTERVIEWS / APPOINTMENTS BOARDS & COMMISSIONS ADMIN (101-1-1) 6. Interviews and Appointments: Traffic Safety Committee. (City Clerk) RECOMMENDATION: Interview and appoint as desired. TESTIMONY: Richard Sherman appeared for interview. ACTION: Motion by Morrison, seconded by Sotelo-Solis, to re -appoint Coyote Moon to the Traffic Safety Committee. Carried by unanimous vote. Motion by Morrison, seconded by Cano, to appoint Richard Sherman to the Traffic Safety Committee. Carried by unanimous vote. CITY COUNCIL CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 7 (NCMC), Item No. 8 through 18 (Resolution Nos. 2018-161 through 2018-171), Item No. 19 and 20 (Reports), Item Nos. 21 and 22 (Warrant Registers). Motion by Cano, seconded by Mendivil, to approve the Consent Calendar. Carried by unanimous vote. MUNICIPAL CODE 2018 (506-2-33) 7. MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE WAIVING OF THE READING OF THE TEXT OF THE ORDINANCES CONSIDERED AT THIS MEETING AND PROVIDING THAT SUCH ORDINANCES SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING OF THE TITLE ONLY. (City Clerk) ACTION: Approved. See above. CONTRACT (C2017-19) 8. Resolution No. 2018-161. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY: 1) ACCEPTING THE WORK PERFORMED BY TRI-GROUP CONSTRUCTION AND DEVELOPMENT, INC. FOR THE 18TH STREET PEDESTRIAN AND BICYCLE ENHANCEMENTS PROJECT, CIP NO. 16-10; 2) APPROVING THE FINAL CONTRACT AMOUNT OF $929,082.51; 3) RATIFYING THE RELEASE OF 3 39 of 319 Book 100 / Page 172 09-18-2018 CONSENT CALENDAR (cont.) CONTRACT (C2017-19) 8. Resolution No. 2018-161 (continued). RETENTION IN THE AMOUNT OF $45,889.88; AND 4) AUTHORIZING THE MAYOR TO SIGN THE NOTICE OF COMPLETION FOR THE PROJECT. (Engineering/Public Works) ACTION: Adopted. See above. CONTRACT (C2018-4) 9. Resolution No. 2018-162. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY: 1) ACCEPTING THE WORK PERFORMED BY PAL GENERAL ENGINEERING, INC. FOR THE WILSON AVENUE AND W. 22ND STREET IMPROVEMENTS PROJECT, CIP NO. 17-19; 2) APPROVING THE FINAL CONTRACT AMOUNT OF $369,659.12; 3) AUTHORIZING THE RELEASE OF RETENTION IN THE AMOUNT OF $18,482.96; AND 4) AUTHORIZING THE MAYOR TO SIGN THE NOTICE OF COMPLETION FOR THE PROJECT. (Engineering/Public Works) ACTION: Adopted. See above. PARKING & TRAFFIC CONTROL ADMIN 2018 (801-2-40) 10. Resolution No. 2018-163. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF RED CURB "NO PARKING" ON THE EAST SIDE OF NATIONAL CITY BLVD, NORTH SIDE OF THE DRIVEWAY ADJACENT TO THE 2829 NATIONAL CITY BLVD., FRANK SUBARU BUSINESS, IN ORDER TO PROVIDE APPROPRIATE CLEARANCE AND ACCESS ONTO NATIONAL CITY BLVD. (TSC NO. 2018-20). (Engineering/Public Works) ACTION: Adopted. See above. PARKING & TRAFFIC CONTROL ADMIN 2018 (801-2-40) 11. Resolution No. 2018-164. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF RED CURB "NO PARKING" AT THE INTERSECTION OF E. 24TH STREET AND "J" AVENUE TO ENHANCE VISIBILITY AND ACCESS FROM "J" AVENUE ONTO E. 24TH STREET (TSC No. 2018-21). (Engineering/Public Works) ACTION: Adopted. See above. PARKING & TRAFFIC CONTROL ADMIN 2018 (801-2-40) 12. Resolution No. 2018-165. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF 230 FEET OF "NO PARKING" SIGNAGE ON THE EAST SIDE OF 400-500 BLOCK OF "T" AVENUE TO ENHANCE SAFETY FOR VEHICLES TRAVELING ON "T" AVENUE (TSC No. 2018-22). (Engineering/Public Works) ACTION: Adopted. See above. 4 40 of 319 Book 100 / Page 173 09-18-2018 CONSENT CALENDAR (cont.) GRANT / LIBRARY (206-4-10) 13. Resolution No. 2018-166. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY: 1) RATIFYING THE ACCEPTANCE OF THE CALIFORNIA LIBRARY LITERACY SERVICES (CLLS) GRANT IN THE AMOUNT OF $18,000 TO FUND THE NATIONAL CITY LIBRARY'S LITERACY SERVICES PROGRAM FOR FY 2018-19; AND 2) AUTHORIZING THE ESTABLISHMENT OF AN APPROPRIATION AND CORRESPONDING REVENUE BUDGET IN THE AMOUNT OF $18,000. (Library) ACTION: Adopted. See above. CONTRACT (C2018-53) GRANT / COMMUNITY SERVICES (206-4-26) 14. Resolution No. 2018-167. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY: 1) AUTHORIZING THE ACCEPTANCE OF THE SAN DIEGO UNIFIED PORT DISTRICT'S TIDELANDS ACTIVATION GRANT FUNDS OF $10,000 AND $3,330 IN SERVICES PROVIDED BY THE SAN DIEGO UNIFIED PORT DISTRICT FOR SPECIAL EVENTS AT THE NATIONAL CITY AQUATIC CENTER AND PEPPER PARK, WITH NO MATCHING FUNDS REQUIRED; 2) AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE SAN DIEGO UNIFIED PORT DISTRICT TO RECEIVE FY19 TIDELANDS ACTIVATION GRANT FUNDS; AND 3) AUTHORIZING THE ESTABLISHMENT OF A REIMBURSABLE GRANTS CITYWIDE FUND APPROPRIATION OF $10,000 AND CORRESPONDING REVENUE BUDGET. (Community Services) ACTION: Adopted. See above. COMMUNITY SERVICES DEPT ADMIN (1104-1-7) 15. Resolution No. 2018-168. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AN INCREASE OF $15,000 TO THE COMMUNITY SERVICES DEPARTMENT'S GENERAL FUND CONTRACT SERVICES APPROPRIATION AND USE OF GENERAL FUND UNASSIGNED FUND BALANCE FOR THE EXOS CONTRACT TO OPERATE LAS PALMAS POOL IN FY18. (Community Services) ACTION: Adopted. See above. FINANCIAL MANAGEMENT 2018-2019 (204-1-34) 16. Resolution No. 2018-169. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DESIGNATING THE OFFICIALS AUTHORIZED TO ORDER THE DEPOSIT AND WITHDRAWAL OF CITY MONIES WITH THE LOCAL AGENCY INVESTMENT FUND (LAIF) ON BEHALF OF THE CITY OF NATIONAL CITY. (Finance) ACTION: Adopted. See above. 5 41 of 319 Book 100 / Page 174 09-18-2018 CONSENT CALENDAR (cont.) FINANCIAL MANAGEMENT 2018-2019 (204-1-34) 17. Resolution No. 2018-170. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DESIGNATING THE OFFICIALS AUTHORIZED TO ORDER THE DEPOSIT AND WITHDRAWAL OF CITY MONIES WITH FINANCIAL INSTITUTIONS ON BEHALF OF THE CITY OF NATIONAL CITY. (Finance) ACTION: Adopted. See above. CITY ATTORNEY REPORTS (509-1-3) 18. Resolution No. 2018-171. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WRITTEN STATEMENT THAT NO FURTHER CHANGES ARE NEEDED AT THIS TIME TO THE CONFLICT OF INTEREST CODE WHICH INCORPORATES BY REFERENCE THE FAIR POLITICAL PRACTICES COMMISSION'S STANDARD MODEL CONFLICT OF INTEREST CODE, CURRENTLY IN EFFECT THROUGH RESOLUTION NO. 2016-131. (City Attorney) ACTION: Adopted. See above. FINANCIAL MANAGEMENT 2018-2019 (204-1-34) 19. National City Sales Tax Update Newsletter - First Quarter 2018. (Finance) ACTION: Filed. See above. 20. Investment Report for the quarter ended June 30, 2018. (Finance) ACTION: Filed. See above. WARRANT REGISTER JULY 2018 - JUNE 2019 (202-1-33) 21. Warrant Register #7 for the period of 08/08/18 through 08/14/18 in the amount of $1,759,826.86. (Finance) ACTION: Ratified. See above. 22. Warrant Register #8 for the period of 08/15/18 through 08/21/18 in the amount of $687,978.46. (Finance) ACTION: Ratified. See above. PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS PARKING DISTRICT ADMIN (801-1-1) 23. Resolution No. 2018-172. PUBLIC HEARING AND ADOPTION OF A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING RESIDENTIAL PERMIT PARKING DISTRICT "L" ON BOTH SIDES OF BUCKY LANE, VALID DAILY FROM 5:OOPM TO 8:OOAM (TSC 2018-16). (Engineering/Public Works) RECOMMENDATION: Hold Public Hearing to consider establishment of Residential Permit Parking District "L". 6 42 of 319 Book 100 / Page 175 09-18-2018 PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS (cont.) PARKING DISTRICT ADMIN (801-1-1) 23. Resolution No. 2018-172 (continued). TESTIMONY: The following individuals spoke in support of the Permit Parking District: Darrell Allison, National City, Zelly Nunez, National City, and Frank Scott. A petition of support was submitted. ACTION: Motion by Cano, seconded by Mendivil, to close the hearing. Carried by unanimous vote. Motion by Cano, seconded by Mendivil, to adopt the resolution. Carried by unanimous vote. NEW BUSINESS MUNICIPAL CODE 2018 (506-2-33) 24. Request for City Council direction on amending Chapters 9.37, 9.38, and 10.52 of the City of National City Municipal Code to regulate the use of Electronic Smoking Devices. (Planning) ACTION: Motion by Sotelo-Solis, seconded by Rios, to have staff bring back an ordinance with includes the changes to the sample language provided by the American Lung Association. Carried by unanimous vote. CITY ATTORNEY REPORTS (509-1-3) 25. Staff report seeking City Council direction on proposed changes to sample Contractor Responsibility Ordinance. (Engineering/Public Works and City Attorney) ACTION: Motion by Mendivil, seconded by Cano, to bring back an ordinance that reflects all staff recommendations. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison, Rios. Nays: Sotelo-Solis. Absent: None. Abstain: None. Member Rios announced that while not legally required to do so, she chose to recuse herself and not be present during consideration of Item No. 26 which involves her participation in the Rotary Club. Member Rios left the Chamber. CITY ATTORNEY REPORTS (509-1-3) 26. Discussion and consideration of (1) a motion to direct the City Attorney to hire outside counsel to conduct an investigation into the allegations that while members of the Rotary Club, Councilmember Mona Rios and past chairman of the Planning Commission Marcus Bush, violated California Government Code Section 87100 or any other State laws that relate to public officials; and (2) a motion to determine and authorize the establishment of an appropriation from the general fund to fund the investigation. (City Attorney) 7 43 of 319 Book 100 / Page 176 09-18-2018 NEW BUSINESS (cont.) CITY ATTORNEY REPORTS (509-1-3) 26. Discussion and consideration (continued) TESTIMONY: Coyote Moon, Gloria Jean Nieto, and Joan Rincon, National City, spoke in opposition to an additional investigation. Griselda (no last name given) and Sandra Luviano spoke in favor of an investigation. ACTION: Motion by Mendivil, seconded by Cano, to direct the City Attorney to hire outside counsel to conduct an investigation into the allegations that, while members of the Rotary Club, Councilmember Mona Rios and past chairman of the Planning Commission Marcus Bush, violated Government Code Section 87100 or any other State laws that relate to public officials. Acting City Attorney Nicole Pedone asked the maker of the motion to detail in the motion the facts and questions to be posed to the FPPC or Attorney General for an opinion on any legal basis for an investigation prior to the City Attorney proceeding with an investigation in the matter. Member Mendivil stated the fact that Member Rios signed a document taking responsibility for renting a room in the MLK Community Center and she did not uphold her responsibility to pay the rent that she signed to pay. Mayor Morrison added that, "Member Rios and those that were under her direct control; her campaign chairman, her staff person, and two other officers that would control information through the club and everything else, the bills were not being paid to the City, the Club thought they were and therefore then, was their influence used with the City?" Acting City Attorney Pedone stated that if the two items mentioned are what is to be presented to the FPPC then they should be made as part of the motion and direction should be given on the funding source for an investigation. Member Mendivil clarified that the motion, would include the two items mentioned. Member Cano indicated that he had one more item to add. Member Cano stated that some of the club members were told by Mona Rios to make payment for their dues and that she was going to use that money to pay the rent. Some of the members did provide a check for dues with the understanding that she was going to make payment on the rent but it wasn't paid. Mayor Morrison said that there is a motion and second on the floor that there be an investigation contingent upon review of acceptability through either the FPPC or the Attorney General's Office. 8 44 of 319 Book 100 / Page 177 09-18-2018 NEW BUSINESS (cont.) CITY ATTORNEY REPORTS (509-1-3) 26. Discussion and consideration (continued) ACTION (cont.): City Attorney Pedone clarified her understanding that there is a motion to direct the City Attorney to conduct an investigation into the facts with the understanding that such an investigation is contingent upon the City Attorney getting an opinion from the FPPC and/or Attorney General on whether there is some sort of City action or connection based on the three facts or issues that have been provided. The motion, as clarified, restated, and understood, carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison. Nays: Sotelo- Solis. Absent: None. Abstain: Rios Member Rios returned to the Chamber. C. REPORTS STAFF REPORTS HOUSING & ECONOMIC DEVELOPMENT (206-4-28) 27. Update on the status of finalizing Maintenance and Operating Agreements with the National City Historical Society, National City Living History Farm Preserve (Stein Farm), and the San Diego Electric Railway Association. (Housing & Economic Development). Assistant City Manager Brad Raulston mentioned the upcoming ribbon cutting for the 2nd phase of the Paradise Creek project and provided an update on the adjacent park project which will begin construction late this year and should take roughly a year to complete. Director of Housing and Economic Development Alfredo Ybarra announced that the City received notice from the League of California Cities that the State Wide Community Development Authority has issued $67 million in tax exempt Multi -family Affordable Housing Bonds for the rehabilitation of Summercrest Apartments in National City. MAYOR AND CITY COUNCIL City Treasurer Mitch Beauchamp wished Member Sotelo-Solis a, "Feliz Cumpleanos". Vice Mayor Mendivil complimented retiring Police Sergeant Dennis J. Leach for his closing remarks and looks forward to his send-off. Member Sotelo-Solis reminded everyone that vacation starts Friday for the kids, so there will be more little ones out using recreation centers and programs. 9 45 of 319 Book 100 / Page 178 09-18-2018 MAYOR AND CITY COUNCIL (cont.) Member Sotelo-Solis thanked everyone for the birthday wishes she received; shared sentiments about her husband and their 14th wedding anniversary, and stated that as contentious as the City Council conversations are, she appreciates being on the dais. Member Rios acknowledged the Fire Department for the yearly September 11th ceremony as well as all the Sweetwater High School Homecoming events and reiterated that October 2nd is the Metropolitan Transit System's Free Bus Day. Member Cano spoke about the changes that the City has gone through lately; going from a peaceful city to having protests and people criticizing the staff and calling people names. He hopes things will improve for the better. Mayor Morrison announced that the official opening of Phase II of the 201 unit Paradise Creek project will be on Thursday, September 20th and reminded people of how large the project is. He announced that the Maytime Band Review will be at Plaza Blvd. and the Day of the Dead will be on October 20th and a number of other things to celebrate about the City. CLOSED SESSION REPORT There was no Closed Session Report. ADJOURNMENT Motion by Rios, seconded by Sotelo-Solis, to adjourn the meeting to the next Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday — October 2, 2018 - 6:00 p.m. - Council Chambers - National City, California. Carried by unanimous vote. Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday — October 2, 2018 - 6:00 p.m. - Council Chambers - National City, California. The meeting closed at 10:22 p.m. City Clerk The foregoing minutes were approved at the Regular Meeting of April 2, 2019. Mayor 10 46 of 319 EXHIBIT `L' CALIFORNIA -^ NAT1ONA.L. CI rir • INCORFOBATRD AGENDA OF A SPECIAL MEETING CITY COUNCIL OF THE CITY OF NATIONAL CITY Main Conference Room Civic Center 1243 National City Boulevard National City, California Special Meeting - Tuesday, September 18, 2018 — 5:00 p.m. ROLL CALL CITY COUNCIL OPEN SESSION CALL TO ORDER ROLL CALL PUBLIC COMMENTS CLOSED SESSION 1. Conference with Legal Counsel — Pending Litigation Existing Litigation under Government Code Section 54956.9(d)(1) Esthela Madrigal v. Bonita Creek Homeowners Association, et al. SDSC Case No. 37-2017-00027590-CU-PA-CTL OPEN SESSION CLOSED SESSION REPORT ADJOURNMENT Next Regular City Council Meeting: Tuesday, September 18, 2018, 6:00 p.m., City Council Chamber, Civic Center — National City, California. 11 47 of 319 Book 100 / Page 180 10-02-2018 DRAFT DRAFT DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY October 2, 2018 The Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City was called to order at 6:06 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL Council / Board members present: Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Administrative Officials present: Dalla, Deese, Denham, Duong, Morris -Jones, Mosley, Parra, Raulston, Roberts, Vergara, Williams, Yano, Ybarra. Others present: City Treasurer Mitch Beauchamp, Student Representative Danielle Cruz. PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON PUBLIC COMMENTS Frank Scott, National City, thanked the Council for approving the measure regarding designation of Bucky Lane as a parking permit only zone; posed questions regarding wording in the permit language and requested Council to review and clarify it, including the waiving of permit fees. Jill Ann Milligan, National City, expressed her concerns and discussed photos that she shared of parking issues in her neighborhood on 18th Street, East of Palm Avenue, along Las Palmas Elementary School property. Joaquin Castro, Jamul, asked for an ordinance to be revisited regarding moving houses within or into National City. Juan Carlos Lozano, National City, called for community control of the police and control of the use of the Wrap device, in the wake of the Earl McNeil case. CITY COUNCIL CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 1 (NCMC), Item No. 2 (Minutes), Item No. 3 (Temporary Use Permit), Item Nos. 4 and 5 (Warrant Registers). Motion by Sotelo-Solis, seconded by Mendivil, to approve the Consent Calendar. Carried by unanimous vote. 12 48 of 319 Book 100 / Page 181 10-02-2018 CONSENT CALENDAR (cont.) MUNICIPAL CODE 2018 (506-2-33) 1. MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE WAIVING OF THE READING OF THE TEXT OF THE ORDINANCES CONSIDERED AT THIS MEETING AND PROVIDING THAT SUCH ORDINANCES SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING OF THE TITLE ONLY. (City Clerk) ACTION: Approved. See above. GENERAL ADMIN (103-2-1) 2. Approval of the Minutes of the Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City of April 17, 2018 and May 1, 2018 and Special Meeting of the City Council of the City of National City of May 1, 2018. (City Clerk) ACTION: Approved. See above. TEMPORARY USE PERMITS 2018 (203-1-34) 3. Temporary Use Permit - "Padres Pedal the Cause" Bicycle Ride sponsored by Padres Pedal the Cause on November 17, 2018 from 10:00 a.m. to 2:15 p.m. with no waiver of fees. (Neighborhood Services) ACTION: Approved. See above. WARRANT REGISTER JULY 2018 - JUNE 2019 (202-1-33) 4. Warrant Register #9 for the period of 08/22/18 through 08/28/18 in the amount of $1,833,908.57. (Finance) ACTION: Ratified. See above. 5. Warrant Register #10 for the period of 08/29/18 through 09/04/18 in the amount of $2,464,528.00. (Finance) ACTION: Ratified. See above. PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS PARKING DISTRICT ADMIN (801-1-1) 6. Resolution No. 2018-173. PUBLIC HEARING AND ADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2018 USER FEE SCHEDULE FOR USER FEES WITHIN THE CITY. (City Manager) RECOMMENDATION: Adopt the resolution approving the proposed fee schedule included in the attached Comprehensive User Fee Study Report prepared by Willdan Financial Services in August 2018 ("Willdan Report") with an effective date of January 1, 2019. Staff further recommends returning to the City Council periodically with appropriate updates. TESTIMONY: None. ACTION: Motion by Mendivil, seconded by Rios, to close the Public Hearing. Carried by unanimous vote. Motion by Cano, seconded by Rios, to accept the Fee Study adopt the Resolution. Carried by unanimous vote. 13 49 of 319 Book 100 / Page 182 10-02-2018 PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS (cont.) MUNICIPAL CODE 2018 (506-2-33) 7. Ordinance No. 2018-2450. PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING CHAPTER 2.63 TO THE NATIONAL CITY MUNICIPAL CODE REGARDING CONTRACTOR RESPONSIBILITY REQUIREMENTS FOR PUBLIC WORKS CONSTRUCTION. (Engineering/Public Works and City Attorney) RECOMMENDATION: Introduce the Ordinance. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Cano, to close the Public Hearing. Carried by unanimous vote. Motion by Cano, seconded by Sotelo-Solis, to introduce the Ordinance. Carried by unanimous vote. NON CONSENT RESOLUTIONS CONTRACT (C2007-9) 8. Resolution No. 2018-174. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MAINTENANCE & OPERATING AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SAN DIEGO ELECTRIC RAILWAY ASSOCIATION, INC. (SDERA), CONSISTING OF A TERM OF 5 YEARS WITH AN OPTION TO EXTEND THE TERM FOR UP TO THREE ADDITIONAL 5-YEAR PERIODS FOR THE CITY -OWNED LAND AND BUILDING (NATIONAL CITY RAILROAD DEPOT) LOCATED AT 922 WEST 23RD STREET IN NATIONAL CITY. (Housing & Economic Development) RECOMMENDATION: Adopt the resolution. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Mendivil, to adopt the Resolution. Carried by unanimous vote. NEW BUSINESS CONDITIONAL USE PERMITS 2018 (403-32-2) 9. Notice of Decision - Planning Commission approval of a Conditional Use Permit for on -site alcohol sales (Type 47) and live entertainment at a new restaurant (Westside Story) located at 1524 McKinley Avenue. (Applicant: Nicholas E. Inzunza) (Case File 2018-01 CUP) (Planning) RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. TESTIMONY: None. ACTION: Motion by Cano, seconded by Mendivil, to file the Notice of Decision. Carried by unanimous vote. 14 50 of 319 Book 100 / Page 183 10-02-2018 B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY NON CONSENT RESOLUTIONS - HOUSING AUTHORITY CONTRACT (C2018-54) HOUSING AUTHORITY 2018 (404-1-7) 10. Resolution No. 2018-68. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A DISPOSITION AND DEVELOPMENT AGREEMENT WITH SAN DIEGO HABITAT FOR HUMANITY AND SAN DIEGO COMMUNITY LAND TRUST FOR THE DEVELOPMENT OF SIX AFFORDABLE HOMEOWNERSHIP UNITS UNDER A COMMUNITY LAND TRUST WITH THE ELECTION TO DEVELOP SIX ADDITIONAL AFFORDABLE ACCESSORY DWELLING UNITS AT 405-419 WEST 18TH STREET IN NATIONAL CITY. (Housing & Economic Development). RECOMMENDATION: Adopt the Resolution. TESTIMONY: Laurie Pfeiler, San Diego Habitat for Humanity, and Charles Davis, San Diego Community Land Trust, provided background information on their organizations, explained the development and answered questions. Margarita Moreno and Alicia Sanchez, National City, spoke in favor of having more Habitat for Humanity houses. Sandy Naranjo, Environmental Health Coalition, spoke in support of the disposition and development agreement. ACTION: Motion by Cano, seconded by Sotelo-Solis, to adopt the Resolution. Carried by unanimous vote. C. REPORTS CLOSED SESSION REPORT There was no Closed Session report. STAFF REPORTS City Manager Leslie Deese spoke on staffing changes and welcomed City Attorney Angil Morris -Jones back to work. City Treasurer Mitch Beauchamp spoke on the contract for the Depot, inspections, and the Land Trust. City Clerk Michael Dalla introduced the new Student Council Representative Danielle Cruz. Student Council Representative Danielle Cruz provided brief update on events at Sweetwater High School (SUHI). 15 51 of 319 Book 100 / Page 184 10-02-2018 MAYOR AND CITY COUNCIL Vice Mayor Mendivil wished City Attorney Morris -Jones well. He spoke about the Code 7 program and the Westside Infill Transit Oriented Development (WI-TOD), and announced that Sweetwater High School hired Jim Martinez as their new baseball coach. Member Sotelo-Solis welcomed back City Attorney Morris -Jones. She announced that the Tower of Terror will not be taking place this year, however, the Library will be having a book event. She spoke on the two projects and the fee schedule discussed at the meeting and she gave kudos to the staff who were involved. Member Rios shared information on the 'NITS Free Ride Day'. She reminded the public of the "Coffee with a Cop" event and extended a welcome to the City Attorney and the new Student Council Representative. Member Cano commended the City Attorney for looking so well and welcomed her back and welcomed the new Student Council Representative. He stated that during the Closed Session, he made a prediction that there was going to be peace. He shared his thoughts on recent retiree, Dennis Leach, and his experience during the WI-TOD ribbon cutting. Mayor Morrison spoke about the properties on 18th Street where San Diego Habitat for Humanity will be building as well as the Cotijas Restaurant flying termite incident, and the resulting social media bad rap against them, and he listed upcoming community events. He announced that he will be the new Chair at SANDAG for their nominating committee as they go through their leadership changes. Member Sotelo-Solis spoke on the 'Brew Fest' event and the Volunteer Appreciation Dinner that was held in honor of the Boards & Commissions members, and complimented how well the event went. Motion made by Cano, seconded by Morrison, to put Measure W (Rent Control) on the next agenda for the City Council to take a stand. Motion failed by the following vote, to -wit: Ayes: Cano, Morrison. Nays: Rios, Sotelo-Solis. Absent: None. Abstain: Mendivil. Note: Member Mendivil abstained on the advice of the City Attorney due to the fact that he is a landlord with rental property. CLOSED SESSION REPORT There was no Closed Session report regarding the 5:00 p.m. Closed Session. RECESS A recess was called at 9:05 p.m. The meeting reconvened at 9:06 p.m., with all members present. Members retired into Closed Session at 9:06 p.m. 16 52 of 319 Book 100 / Page 185 10-02-2018 CLOSED SESSION LABOR RELATIONS POA (605-3-00) 11. Conference with Labor Negotiators — Government Code Section 54957.6 Agency Designated Representatives: Eddie Kreisberg, Mark Roberts, Irene Mosley, Jose Tellez, and Lilia Munoz Employee Organization: Police Officers' Association LABOR RELATIONS FFA (605-6-1) 12. Conference with Labor Negotiators — Government Code Section 54957.6 Agency Designated Representatives: Eddie Kreisberg, Mark Roberts, Robert Hernandez, Irene Mosley, and Lilia Munoz Employee Organization: Firefighters' Association LABOR RELATIONS MEA (605-4-00) 13. Conference with Labor Negotiators — Government Code Section 54957.6 Agency Designated Representatives: Eddie Kreisberg, Mark Roberts, Irene Mosley, Alfredo Ybarra, and Lilia Munoz Employee Organization: Municipal Employees' Association ADJOURNMENT The meeting was adjourned to the next Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday — October 16, 2018 - 6:00 p.m. - Council Chambers - National City, California. The meeting closed at 10:46 p.m. City Clerk The foregoing minutes were approved at the Regular Meeting of April 2, 2019. Mayor 17 53 of 319 EXHIBIT `L' CALIFORNIA -^ NAT1ONA.L. CI rir • INCORFOBATRD AGENDA OF A SPECIAL MEETING CITY COUNCIL OF THE CITY OF NATIONAL CITY Main Conference Room Civic Center 1243 National City Boulevard National City, California Special Meeting - Tuesday, October 2, 2018 — 5:00 p.m. ROLL CALL CITY COUNCIL OPEN SESSION CALL TO ORDER ROLL CALL PUBLIC COMMENTS CLOSED SESSION 1. Conference with Legal Counsel — Pending Litigation Pursuant to Government Code Section 54956.9(d) Two Potential Cases OPEN SESSION CLOSED SESSION REPORT ADJOURNMENT Next Regular City Council Meeting: Tuesday, October 2, 2018, 6:00 p.m., City Council Chambers, Civic Center — National City, California. 18 54 of 319 Book 100 / Page 188 10-16-2018 DRAFT DRAFT DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY October 16, 2018 The Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City was called to order at 6:45 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL Council / Board members present: Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Administrative Officials present: Dalla, Deese, Denham, Duong, Morris -Jones, Mosley, Parra, Raulston, Roberts, Vergara, Williams, Yano, Ybarra. Others present: City Treasurer Mitch Beauchamp, Student Representative Danielle Cruz. PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON PUBLIC COMMENTS Maria Casanova, National City, spoke about issues she had with campaign signs that were placed at her residence. She spoke in support of Mayor Morrison. Andy McLintock, National City, spoke in regards to the street abatement he has been trying to purchase in front of one of his properties. Lydia Loristo and Edna Concepcion, spoke in opposition to Mayoral candidate Ditas Yamane. Lorraine DeLorie, Relay for Life of South Bay, asked for the City's support in the upcoming 2019 Relay for Life event in Kimball Park. Joan Rincon, National City, thanked staff and Council who were involved in the Plaza Boulevard project and expressed her gratitude and admiration for Mayor Morrison and the current walkability conditions in the City. Florfina Arce and Grace (no last name), National City, spoke in support of Mayoral candidate Ditas Yamane. Sunshine Horton, El Cajon, shared words of encouragement. Nancy Estolano, National City, spoke in regards to Morgan Square and Mayoral candidate Ditas Yamane. Genny Torres, National City, expressed her disappointment with the current election candidates and how the campaigns have been running. 19 55 of 319 Book 100 / Page 189 10-16-2018 PROCLAMATIONS PROCLAMATION ADMIN (102-2-1) 1. Marisa B. Ugarte, Bilateral Safety Corridor Coalition Day AWARDS AND RECOGNITIONS COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2018 (102-10-13) 2. Recognition of KirE Builders, Inc. for their Participation in the Adopt -A -Place Program. (Housing & Economic Development) INTERVIEWS / APPOINTMENTS BOARDS & COMMISSIONS ADMIN (101-1-1) 3. Interviews and Appointments: Various Boards & Commissions. (City Clerk) RECOMMENDATION: Interview and appoint as desired. TESTIMONY: Michael Lesley appeared for interview. ACTION: Motion by Morrison, seconded by Cano, to re -appoint Deborah Hernandez to the Library Board of Trustees. Carried by unanimous vote. Motion by Morrison, seconded by Cano to re -appoint Luz Molina - Lopez and Florfina Arce to the Park, Recreation and Senior Citizens Advisory Committee. Carried by unanimous vote. Motion by Morrison, seconded by Cano, to appoint Michael Lesley to the Community and Police Relations Commission, subject to a background check. Carried by unanimous vote. CITY COUNCIL CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 4 (NCMC), Item No. 5 (Minutes), Item Nos. 6 through 12 (Resolution Nos. 2018-175 through 2018-181), Item No. 13 (Temporary Use Permit), Item No. 14 (Report), Item Nos. 15 and 16 (Warrant Registers). Motion by Cano, seconded by Mendivil, to approve the Consent Calendar. Carried by unanimous vote. MUNICIPAL CODE 2018 (506-2-33) 4. MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE WAIVING OF THE READING OF THE TEXT OF THE ORDINANCES CONSIDERED AT THIS MEETING AND PROVIDING THAT SUCH ORDINANCES SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING OF THE TITLE ONLY. (City Clerk) ACTION: Approved. See above. 20 56 of 319 Book 100 / Page 190 10-16-2018 CONSENT CALENDAR (cont.) GENERAL ADMIN (103-2-1) 5. APPROVAL OF THE MINUTES OF THE SPECIAL MEETINGS OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY OF MARCH 26, 2018 AND OCTOBER 2, 2018 AND THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF MAY 15, 2018. (City Clerk) ACTION: Approved. See above. CONTRACT (C2017-59) 6. Resolution No. 2018-175. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY: 1) ACCEPTING THE WORK PERFORMED BY DICK MILLER, INC. FOR THE CITYWIDE ALLEY IMPROVEMENTS PROJECT, CIP NO. 16-11; 2) APPROVING THE FINAL CONTRACT AMOUNT OF $987,241.97; 3) AUTHORIZING THE RELEASE OF RETENTION IN THE AMOUNT OF $49,362.10 FROM THE DICK MILLER INC.'S ESCROW ACCOUNT; AND 4) AUTHORIZING THE MAYOR TO SIGN THE NOTICE OF COMPLETION FOR THE PROJECT. (Engineering/Public Works) ACTION: Adopted. See above. PARKING & TRAFFIC CONTROL ADMIN 2018 (801-2-40) 7. Resolution No. 2018-176. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF A BLUE CURB DISABLED PERSONS PARKING SPACE WITH SIGNAGE IN FRONT OF THE RESIDENCE LOCATED ON 1039 "D" AVENUE (TSC No. 2018-23). (Engineering/Publics Works) ACTION: Adopted. See above. PARKING & TRAFFIC CONTROL ADMIN 2018 (801-2-40) 8. Resolution No. 2018-177. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF BLUE CURB DISABLED PERSONS PARKING SPACE WITH SIGNAGE IN FRONT OF THE RESIDENCE LOCATED ON 2229 E. 4TH STREET (TSC NO. 2018-24). (Engineering/Publics Works) ACTION: Adopted. See above. PARKING & TRAFFIC CONTROL ADMIN 2018 (801-2-40) 9. Resolution No. 2018-178. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF BLUE CURB DISABLED PERSONS PARKING SPACE WITH SIGNAGE IN FRONT OF THE RESIDENCE LOCATED ON 927 "C" AVENUE (TSC NO. 2018-25). (Engineering/Publics Works) ACTION: Adopted. See above. 21 57 of 319 Book 100 / Page 191 10-16-2018 CONSENT CALENDAR (cont.) PARKING & TRAFFIC CONTROL ADMIN 2018 (801-2-40) 10. Resolution No. 2018-179. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF BLUE CURB DISABLED PERSONS PARKING SPACE WITH SIGNAGE IN FRONT OF THE RESIDENCE LOCATED ON 318 "F" AVENUE (TSC NO. 2018-26). (Engineering/Publics Works) ACTION: Adopted. See above. GRANT / COMMUNITY SERVICES (206-4-26) 11. Resolution No. 2018-180. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY: 1) AUTHORIZING THE ACCEPTANCE OF THE COUNTY OF SAN DIEGO'S COMMUNITY ENHANCEMENT PROGRAM GRANT FUNDS OF $10,000 FOR THE SPECIAL EVENT "A KIMBALL HOLIDAY AND TREE LIGHTING CEREMONY", WITH NO MATCHING FUNDS REQUIRED; 2) AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE COUNTY OF SAN DIEGO TO RECEIVE FY19 COMMUNITY ENHANCEMENT PROGRAM GRANT FUNDS; 3) AND AUTHORIZING THE ESTABLISHMENT OF A REIMBURSABLE GRANTS CITYWIDE FUND APPROPRIATION OF $10,000 AND CORRESPONDING REVENUE BUDGET. (Community Services) ACTION: Adopted. See above. HUMAN RESOURCES DEPT ADMIN (1104-1-2) 12. Resolution No. 2018-181. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DELEGATING AUTHORITY TO THE CITY MANAGER TO MAKE DISABILITY DETERMINATIONS UNDER GOVERNMENT CODE SECTION 21173; TO MAKE DISABILITY APPLICATION ON BEHALF OF THE CITY OF NATIONAL CITY PURSUANT TO GOVERNMENT CODE SECTION 21152(C) FOR DISABILITY RETIREMENT FOR ALL EMPLOYEES; AND TO INITIATE REQUESTS FOR REINSTATEMENT OF SUCH EMPLOYEES WHO ARE RETIRED FOR DISABILITY, AND TO CERTIFY SUCH DETERMINATIONS TO THE CALIFORNIA PUBLIC EMPLOYEE RETIREMENT SYSTEM (CaIPERS). (Human Resources) ACTION: Adopted. See above. TEMPORARY USE PERMITS 2018 (203-1-34) 13. Temporary Use Permit - Harvest Fest hosted by Cornerstone Church of San Diego at 1914 Sweetwater Road on October 31, 2018 from 6:00 p.m. to 9:00 p.m. with no waiver of fees. (Neighborhood Services) ACTION: Approved. See above. FINANCIAL MANAGEMENT 2018-2019 (204-1-34) 14. Investment transactions for the month ended July 31, 2018. (Finance) ACTION: Approved. See above. 22 58 of 319 Book 100 / Page 192 10-16-2018 CONSENT CALENDAR (cont.) WARRANT REGISTER JULY 2018 - JUNE 2019 (202-1-33) 15. Warrant Register #11 for the period of 09/05/18 through 09/11/18 in the amount of $1,954,603.89. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2018 - JUNE 2019 (202-1-33) 16. Warrant Register #12 for the period of 09/12/18 through 09/18/18 in the amount of $1,344,046.41. (Finance) ACTION: Ratified. See above. PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS MUNICIPAL CODE 2018 (506-2-33) 17. Ordinance No. 2018-2450. PUBLIC HEARING AND ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING CHAPTER 2.63 TO THE NATIONAL CITY MUNICIPAL CODE REGARDING CONTRACTOR RESPONSIBILITY REQUIREMENTS FOR PUBLIC WORKS CONSTRUCTION. (Engineering/Public Works) RECOMMENDATION: Adopt the Ordinance. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Cano, to close the Public Hearing. Carried by unanimous vote. Motion by Sotelo-Solis, seconded by Cano, to adopt the Ordinance. Carried by unanimous vote. NON CONSENT RESOLUTIONS CONTRACT (C2018-57) 18. Resolution No. 2018-182. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY: 1) AWARDING A CONTRACT TO WHILLOCK CONTRACTING, INC. IN THE AMOUNT OF $5,219,250 FOR THE PARADISE CREEK PARK SITE REMEDIATION AND IMPROVEMENTS, CIP NO. 18-07; 2) AUTHORIZING A 25% CONTINGENCY IN THE AMOUNT OF $1,304,812.50 FOR ANY UNFORESEEN CHANGES; AND 3) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT. (Engineering/Public Works) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Cano, seconded by Rios, to adopt the Resolution. Carried by unanimous vote. 23 59 of 319 Book 100 / Page 193 10-16-2018 NON CONSENT RESOLUTIONS (cont.) CONTRACT (C2018-58) 19. Resolution No. 2018-183. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A THREE YEAR SERVICE AGREEMENT WITH IPS GROUP, INC., FOR A NOT -TO -EXCEED AMOUNT OF $320,000 TO PROVIDE PARKING MANAGEMENT AND ENFORCEMENT SOLUTIONS. (Engineering/Public Works) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Mendivil, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. CONTRACT (C2018-59) 20. Resolution No. 2018-184. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MILLS ACT HISTORIC PRESERVATION CONTRACT FOR 1430 EAST 24TH STREET, COMMONLY KNOWN AS THE WALLACE-DICKINSON HOUSE. (Applicant: Stepheni Norton) (Case File 2018-10 M) (Planning) RECOMMENDATION: Adopt the Resolution. TESTIMONY: The following speakers spoke in support of the Mills Act Historic Preservation Contract: Stepheni Norton, Janice Martinelli, Lori Peoples, Michael Lesley, Brian Clapper, and Daniel Perez. ACTION: Motion by Mendivil, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. ADDITIONAL ITEM Student Representative Danielle Cruz announced current events to be held at Sweetwater High School. HOUSING & ECONOMIC DEVELOPMENT DEPT ADMIN (1104-1-9) 21. Resolution No. 2018-185. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING A SHELTER CRISIS IN THE CITY OF NATIONAL CITY WITHIN THE MEANING OF GOVERNMENT CODE SECTION 8698, ET SEQ., AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY HOMELESS EMERGENCY AID PROGRAM (HEAP) APPLICATIONS, AGREEMENTS AND ASSOCIATED DOCUMENTS NECESSARY TO APPLY FOR AND SECURE HEAP FUNDS TO ADDRESS SAID SHELTER CRISIS AS PROVIDED FOR IN SENATE BILL 850 (CHAPTER 48, STATUTES OF 2018 AND GOVERNMENT CODE SECTION 8698.2). (Housing & Economic Development) 24 60 of 319 Book 100 / Page 194 10-16-2018 NON CONSENT RESOLUTIONS (cont.) HOUSING & ECONOMIC DEVELOPMENT DEPT ADMIN (1104-1-9) 21. Resolution No. 2018-185 (continued). RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Sotelo-Solis seconded by Mendivil, to adopt the Resolution. Carried by unanimous vote. COUNCIL POLICY ADMIN (102-13-1) 22. Resolution No. 2018-186. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING CITY COUNCIL POLICY NO. 904, HOUSING LOAN SUBORDINATION POLICY (Homebuyer and Single - Family Rehabilitation Assistance Loans) (Housing & Economic Development) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Mendivil, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. PLANNING & BUILDING DEPT ADMIN (1104-1-10) 23. Resolution No. 2018-187. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO INITIATE THE DESIGNATION OF HISTORIC PROPERTIES AS RECOMMENDED BY THE NATIONAL CITY HISTORICAL SOCIETY AND BASED ON HISTORIC PROPERTIES SURVEYS. (Planning) RECOMMENDATION: 1. Adopt or amend the Resolution to exclude the properties with that are objected to. 2. Provide direction to staff on a subsequent resolution to initiate the historical designation of additional properties identified by the National City Historical Society. TESTIMONY: The following individuals spoke in support of the designation of historic properties: Janice Martinelli, Lori Peoples, Daniel Perez. Kate Milke, Clara Futura Investments, spoke on behalf of her father and asked that 1932 Harding Avenue be excluded from the list. Matthew Edwards, National City, spoke in opposition and asked that his property at 1333 E. 24th Street, be excluded from the list. ACTION: Motion by Cano, seconded by Morrison, to adopt the Resolution with all thirty-two properties on the list for the initiation stage. Substitute motion by Sotelo-Solis, seconded by Rios, to only identify thirty properties, excluding properties at 1333 E. 24th Street and 1924 through 1936 Harding Avenue from the list. Motion failed by the following vote, to -wit: Ayes: Rios, Sotelo-Solis. Nays: Cano, Mendivil, Morrison. Absent: None. Abstain: None. Original motion was adopted by unanimous vote. 25 61 of 319 Book 100 / Page 195 10-16-2018 NEW BUSINESS PLANNING & BUILDING DEPT ADMIN (1104-1-10) 24. Request by the National City Historical Society for notification of building permit applications involving properties that may have features of historic value. (Planning) RECOMMENDATION: Provide direction to staff to work with the National City Historical Society to make available outreach and information materials to building permit applications. TESTIMONY: Janice Martinelli, Stepheni Norton, Matthew Edwards, Lori Peoples, National City, spoke in support. Written correspondence was received from Mr. Dave Gillingham opposing the inclusion of 1932 Harding Avenue; the letter is on file with the City Clerk. ACTION: Motion by Sotelo-Solis, seconded by Mendivil, to adopt staff recommendations. Substitute motion made by Rios, seconded by Cano, to adopt staff recommendations and pursue process and best practices. Carried by the following vote, to -wit: Ayes: Cano, Morrison, Rios. Nays: Mendivil, Sotelo-Solis. Absent: None. Abstain: None. TEMPORARY USE PERMITS 2018 (203-1-34) 25. Temporary Use Permit - "Padres Pedal the Cause" Bicycle Ride sponsored by Padres Pedal the Cause on November 17, 2018 from 10:00 a.m. to 2:15 p.m. with no waiver of fees. (Neighborhood Services) ACTION: Motion by Sotelo-Solis, seconded by Rios, to approve the Temporary Use Permit. Carried by unanimous vote. C. REPORTS STAFF REPORTS There were no staff reports. MAYOR AND CITY COUNCIL Vice Mayor Mendivil expressed his concerns regarding Sweetwater High School District's current issues regarding the loss of transportation for the sports teams and their events. Member Sotelo-Solis thanked staff for their presentations and spoke in defense of what was said during Public Comments regarding councilmembers. She was pleased with how the voting and dialogue turned out. Member Rios reminded everyone about the ribbon cutting ceremony at the Embarcadero Brewing Company and the Salute to the Navy event. 26 62 of 319 Book 100 / Page 196 10-16-2018 MAYOR AND CITY COUNCIL (cont.) Member Cano said that he was impressed with the electoral candidates who spoke at a recent open forum. He shared words of appreciation for Mayor Morrison. Mayor Morrison announced that school supplies and snacks were given out at Central and El Toyon Elementary Schools and reminded everyone of the upcoming Dia de los Muertos event. He spoke about the 89th Assembly District awards event; shared names of the awards recipients from National City, which included Josie Flores -Clark, and announced that the State of the City address will be on November 15th CLOSED SESSION REPORT City Attorney Angil Morris -Jones reported that a) direction was given in the matter regarding the Police Officers Association by a 3 to 2 vote, with members Rios and Sotelo-Solis voting "No"; b) there was no action taken in regards to the Firefighters' Association as it was information only; c) in regards to the Municipal Employees Association, the agency representatives were given unanimous direction by the Council; and, d) in regards to the two potential litigation matters, one was an informational report, and the other one was given unanimous direction by the Council. (See attached Exhibit `L') ADJOURNMENT Motion by Mendivil, seconded by Cano, to adjourn the meeting to the next Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday — November 20, 2018 - 6:00 p.m. - Council Chambers - National City, California. Carried by unanimous vote. Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday — November 20, 2018 - 6:00 p.m. - Council Chambers - National City, California. The meeting closed at 9:55 p.m. City Clerk The foregoing minutes were approved at the Regular Meeting of April 2, 2019. Mayor No City Council Meeting will be held on November 6, 2018 due to the Election pursuant to National City Municipal Code 2.04.020. 27 63 of 319 EXHIBIT `L' L CALIFORNIA N. 1ION °JL CJ 1. aJ�7 INCORPORATED AGENDA OF A SPECIAL MEETING CITY COUNCIL OF THE CITY OF NATIONAL CITY Main Conference Room Civic Center 1243 National City Boulevard National City, California Special Meeting - Tuesday, October 16, 2018 — 4:30 p.m. ROLL CALL CITY COUNCIL OPEN SESSION CALL TO ORDER ROLL CALL PUBLIC COMMENTS CLOSED SESSION 1. Conference with Labor Negotiators — Government Code Section 54957.6 Agency Designated Representatives: Eddie Kreisberg, Mark Roberts, Irene Mosley, Jose Tellez, and Lilia Munoz Employee Organization: Police Officers' Association 2. Conference with Labor Negotiators — Government Code Section 54957.6 Agency Designated Representatives: Eddie Kreisberg, Mark Roberts, Robert Hernandez, Irene Mosley, and Lilia Munoz Employee Organization: Firefighters' Association 3. Conference with Labor Negotiators — Government Code Section 54957.6 Agency Designated Representatives: Eddie Kreisberg, Mark Roberts, Irene Mosley, Alfredo Ybarra, and Lilia Munoz Employee Organization: Municipal Employees' Association 4. Conference with Legal Counsel — Potential Litigation: Two cases Potential Litigation Pursuant to Government Code Section 54956.9(e)(1) OPEN SESSION CLOSED SESSION REPORT ADJOURNMENT Next Regular City Council Meeting: Tuesday, October 16, 2018, 6:00 p.m., City Council Chambers, Civic Center — National City, California. 28 64 of 319 The Book 100 / Page 199 11-20-2018 DRAFT DRAFT DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY November 20, 2018 Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City was called to order at 6:27 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL a Council / Board members present: Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Administrative Officials present: Dalla, Deese, Denham, Duong, Morris -Jones, Mosley, Parra, Raulston, Roberts, Rodriguez, Tellez, Williams, Yano, Ybarra. Others present: City Treasurer Mitch Beauchamp. PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON PUBLIC COMMENTS Becky Krinsky, representing Shebal San Diego, spoke on behalf of Shabbat San Diego, shared a personal experience of discrimination, and she expressed words of appreciation for Mayor Morrison. Karen McManus, President of the Maytime Band Association, thanked the Mayor and Council, the Police Department, and Emergency Services Director Frank Parra, for supporting Maytime and encouraged continuous support. Mayor Morrison presented certificates to the Maytime Band Association members. Donnie Taylor, representing The Crowd Car Club S.D., expressed appreciation for including lowriders as participants in the Maytime event. Mayor Morrison presented certificates to the car club members. Janice Martinelli, representing National City Historical Society, asked for an update regarding Granger Music Hall and introduced James Guthrie, President of the Irving J. Gill Foundation who invited the Mayor and Council to participate in Foundation events. Eddie Perez, representing the Old Town National City (OTNC) Reunion Committee, spoke about the Casa de Salud's 5th Annual Thanksgiving Dinner and thanked the City and others for contributing support and donations. David and Carolina Hernandez, representing Sweetwater High School Girls' and Boys' Golf Team, thanked the City on behalf of the teams for use of the golf course and shared the teams accomplishments and statistics. Mayor Morrison presented certificates to the team members and coaches. 29 65 of 319 Book 100 / Page 200 11-20-2018 PUBLIC COMMENTS (cont.) Diana Rojas, Sweetwater High School, requested a photo with the Mayor and Council for their Government class project. Angela Santora, National City, reported that the street lights have been out on Brick Row and asked for assistance due to vandalism and car burglaries. Dukie Valderrama, representing The Port of San Diego, congratulated the candidates on the recent election results and spoke on the world class "Extreme Sailing Series" event that the Port of San Diego hosted. He shared a video, presented the trophy that was given for 3rd Place and thanked Deputy City Manager Brad Raulston for participating in the event as the City's representative. AWARDS AND RECOGNITIONS COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2018 (102-10-13) 1. Employee Service Recognition - Marie Hernandez, Senior Police Dispatcher. (Police) COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2018 (102-10-13) 2. Employee Service Recognition - Mary I. Gaffney, Police Dispatcher. (Police) PRESENTATIONS COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2018 (102-10-13) 3. Circulate San Diego Momentum Awards - Healthy Community Award - Downtown Specific Plan. (Steve Manganiello, Acting Deputy City Manager) COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2018 (102-10-13) 4. The San Diego Architectural Foundation - Orchids and Onions Awards - Orchid for Placemaking for the Old Town Market Makeover. (Brad Raulston, Deputy City Manager) COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2018 (102-10-13) 5. ARTS (A Reason to Survive) Update. (James Halliday, ARTS, Executive Director 30 66 of 319 Book 100 / Page 201 11-20-2018 PRESENTATIONS (cont.) COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2018 (102-10-13) 6. Airport Development Plan; Optimizing SAN to Meet Future Demands. (Mark West, San Diego County Regional Airport Authority Board Member and City of Imperial Beach Mayor Pro Tem) COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2018 (102-10-13) 7. SANDAG Accomplishments. (Terry Sinnott, Chair, SANDAG Board of Directors and City of Del Mar Councilmember) INTERVIEWS / APPOINTMENTS BOARDS & COMMISSIONS ADMIN (101-1-1) 8. Interviews and Appointments: Various Boards & Commissions. (City Clerk) RECOMMENDATION: Interview and appoint as desired. TESTIMONY: Paul Wapnowski, Candy Morales, Chris Butcher, and Gloria Pangelinan appeared for interview. Coyote Moon spoke in regards to being appointed to the Community & Police Relations Commission (CPRC). ACTION: Motion by Rios, seconded by Mendivil, to appoint Paul Wapnowski to the Civil Service Commission. Carried by unanimous vote. Motion by Morrison, seconded by Mendivil, to appoint Candy Morales to the CPRC. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison, Rios. Nays: Sotelo-Solis. Absent: None. Abstain: None. Motion by Morrison, seconded by Cano, to appoint Chris Butcher to the Parks, Recreation, & Senior Citizens Advisory Board (PRSCAB). Carried by unanimous vote. CITY COUNCIL CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 9 (NCMC), Item No. 10 (Minutes), Item Nos. 11 through 24 (Resolution Nos. 2018-188 through 2018-201), Item No. 23 (Report), Item Nos. 24 through 27 (Warrant Registers). Motion by Sotelo-Solis, seconded by Cano, to approve the Consent Calendar, except for Item Nos. 9, 15, 16, and 19. Carried by unanimous vote. 31 67 of 319 Book 100 / Page 202 11-20-2018 CONSENT CALENDAR (cont.) MUNICIPAL CODE 2018 (506-2-33) 9. MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE WAIVING OF THE READING OF THE TEXT OF THE ORDINANCES CONSIDERED AT THIS MEETING AND PROVIDING THAT SUCH ORDINANCES SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING OF THE TITLE ONLY. (City Clerk) ACTION: Motion by Rios, seconded by Sotelo-Solis, to approve waiving of the reading of the text of the Ordinances. Carried by unanimous vote. GENERAL ADMIN (103-2-1) 10. APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF APRIL 3, 2018 AND THE SPECIAL MEETINGS OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY OF APRIL 3, 2018, APRIL 17, 2018, AND OCTOBER 16, 2018 AND THE CORRECTED MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF APRIL 4, 2017. (City Clerk) ACTION: Approved. See above. HUMAN RESOURCES DEPT ADMIN (1104-1-2) 11. Resolution No. 2018-188. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING EFFECTIVE JANUARY 1, 2019, THE SALARY SCHEDULE FOR THE PART-TIME AND SEASONAL EMPLOYEE CLASSIFICATIONS, AS AMENDED: 1) ADJUSTING UPWARD CLASSIFICATIONS WITH SALARY RANGES BELOW THE 2019 STATE OF CALIFORNIA MINIMUM WAGE; AND 2) ADJUSTING UPWARD CLASSIFICATIONS IMPACTED BY THE SALARY COMPRESSION RESULTING FROM THE MINIMUM WAGE INCREASES. (Human Resources) ACTION: Adopted. See above. COUNCIL POLICY ADMIN (102-13-1) 12. Resolution No. 2018-189. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING CITY COUNCIL POLICY #203, "INVESTMENTS," AS AMENDED, FOR FISCAL YEAR 2018, AMENDING SUBSECTION 12 OF SECTION VIII AND ADDING "ASSET - BACKED SECURITIES" TO THE GLOSSARY OF INVESTMENT TERMS. (Finance) ACTION: Adopted. See above. 32 68 of 319 Book 100 / Page 203 11-20-2018 CONSENT CALENDAR (cont.) CONTRACT (C2014-51) 13. Resolution No. 2018-190. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE FORMAL BID PROCESS PURSUANT TO NATIONAL CITY MUNICIPAL CODE SECTION 2.60.260 REGARDING COOPERATIVE PURCHASING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH WEST COAST ARBORISTS, INC., FOR SPECIALIZED TREE TRIMMING, REMOVAL, AND PLANTING SERVICES FROM DECEMBER 1, 2018 TO JUNE 30, 2019 FOR AN AMOUNT NOT TO EXCEED $95,000 BY PIGGYBACKING ONTO THE CITY OF ENCINITAS' URBAN FORESTRY MAINTENANCE SERVICES CONTRACT. (Engineering/Public Works) ACTION: Adopted. See above. TRANSPORTATION SANDAG REPORTS GENERAL ADMIN (802-2-1) 14. Resolution No. 2018-191. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AUTHORIZING THE CITY MANAGER TO ACCEPT UP TO $5,569,000 IN TRANSNET ACTIVE TRANSPORTATION GRANT PROGRAM (ATGP) FUNDS FOR THE 8TH STREET AND ROOSEVELT AVENUE ACTIVE TRANSPORTATION CORRIDOR PROJECT, IF AWARDED BY THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) THROUGH A FUNDING EXCHANGE WITH THE CYCLE 4 REGIONAL ACTIVE TRANSPORTATION GRANT PROGRAM; 2) COMMITTING TO PROVIDING $1,422,000 IN MATCHING FUNDS FROM SOURCES OTHER THAN THE TRANSNET ATGP; AND 3) AUTHORIZING THE CITY MANAGER TO ACCEPT THE FUNDS AND EXECUTE A GRANT AGREEMENT WITH SANDAG. (Engineering/Public Works) ACTION: Adopted. See above. TRANSPORTATION SANDAG REPORTS GENERAL ADMIN (802-2-1) 15. Resolution No. 2018-192. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AUTHORIZING THE CITY MANAGER TO ACCEPT UP TO $1,286,000 IN TRANSNET ACTIVE TRANSPORTATION GRANT PROGRAM (ATGP) FUNDS FOR THE CENTRAL COMMUNITY MOBILITY ENHANCEMENTS PROJECT, IF AWARDED BY THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) THROUGH A FUNDING EXCHANGE WITH THE CYCLE 4 REGIONAL ACTIVE TRANSPORTATION GRANT PROGRAM; 2) COMMITTING TO PROVIDING $197,000 IN MATCHING FUNDS FROM SOURCES OTHER THAN THE TRANSNET ATGP; AND 3) AUTHORIZING THE CITY MANAGER TO ACCEPT THE FUNDS AND EXECUTE A GRANT AGREEMENT WITH SANDAG. (Engineering/Public Works) ACTION: Motion by Rios, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. 33 69 of 319 Book 100 / Page 204 11-20-2018 CONSENT CALENDAR (cont.) TRANSPORTATION SANDAG REPORTS GENERAL ADMIN (802-2-1) 16. Resolution No. 2018-193. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AUTHORIZING THE CITY MANAGER TO ACCEPT UP TO $5,421,000 IN TRANSNET ACTIVE TRANSPORTATION GRANT PROGRAM (ATGP) FUNDS FOR THE BAYSHORE BIKEWAY - SEGMENT 5 PROJECT, IF AWARDED BY THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) THROUGH A FUNDING EXCHANGE WITH THE CYCLE 4 REGIONAL ACTIVE TRANSPORTATION GRANT PROGRAM; 2) COMMITTING TO PROVIDING $970,000 IN MATCHING FUNDS FROM SOURCES OTHER THAN THE TRANSNET ATGP; AND 3) AUTHORIZING THE CITY MANAGER TO ACCEPT THE FUNDS AND EXECUTE A GRANT AGREEMENT WITH SANDAG. (Engineering/Public Works) TESTIMONY: Ted Godshalk, National City, spoke on traffic and safety conditions and on outside grants and he requested that careful research is done to better understand the grant proposals. ACTION: Motion by Sotelo-Solis, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. TRANSPORTATION SANDAG REPORTS GENERAL ADMIN (802-2-1) 17. Resolution No. 2018-194. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AUTHORIZING THE CITY MANAGER TO ACCEPT UP $942,000 IN TRANSNET ACTIVE TRANSPORTATION GRANT PROGRAM (ATGP) FUNDS FOR THE NATIONAL CITY BIKE WAYFINDING PROJECT, IF AWARDED BY THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) THROUGH A FUNDING EXCHANGE WITH THE CYCLE 4 REGIONAL ACTIVE TRANSPORTATION GRANT PROGRAM; AND 2) AUTHORIZING THE CITY MANAGER TO ACCEPT THE FUNDS AND EXECUTE A GRANT AGREEMENT WITH SANDAG. (Engineering/Public Works) ACTION: Adopted. See above. TRANSPORTATION SANDAG REPORTS GENERAL ADMIN (802-2-1) 18. Resolution No. 2018-195. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AUTHORIZING THE CITY MANAGER TO ACCEPT UP $1,215,000 IN TRANSNET ACTIVE TRANSPORTATION GRANT PROGRAM (ATGP) FUNDS FOR THE HIGHLAND AVENUE INTER -CITY BIKE CONNECTIONS PROJECT, IF AWARDED BY THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) THROUGH A FUNDING EXCHANGE WITH THE CYCLE 4 REGIONAL ACTIVE TRANSPORTATION GRANT PROGRAM; AND 2) AUTHORIZING THE CITY MANAGER TO ACCEPT THE FUNDS AND EXECUTE A GRANT AGREEMENT WITH SANDAG. (Engineering/Public Works) ACTION: Adopted. See above. 34 70 of 319 Book 100 / Page 205 11-20-2018 CONSENT CALENDAR (cont.) TRANSPORTATION SANDAG REPORTS GENERAL ADMIN (802-2-1) 19. Resolution No. 2018-196. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AUTHORIZING THE CITY MANAGER TO ACCEPT UP $1,488,000 IN TRANSNET ACTIVE TRANSPORTATION GRANT PROGRAM (ATGP) FUNDS FOR THE PARADISE CREEK MULTI -USE PATH PROJECT, IF AWARDED BY THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) THROUGH A FUNDING EXCHANGE WITH THE CYCLE 4 REGIONAL ACTIVE TRANSPORTATION GRANT PROGRAM; AND 2) AUTHORIZING THE CITY MANAGER TO ACCEPT THE FUNDS AND EXECUTE A GRANT AGREEMENT WITH SANDAG. (Engineering/Public Works) ACTION: Motion by Sotelo-Solis, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. TRANSPORTATION SANDAG REPORTS GENERAL ADMIN (802-2-1) 20. Resolution No. 2018-197. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AUTHORIZING THE CITY MANAGER TO ACCEPT UP $1,487,000 IN TRANSNET ACTIVE TRANSPORTATION GRANT PROGRAM (ATGP) FUNDS FOR THE SWEETWATER ROAD PROTECTED BIKEWAY - PHASE 2 PROJECT, IF AWARDED BY THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) THROUGH A FUNDING EXCHANGE WITH THE CYCLE 4 REGIONAL ACTIVE TRANSPORTATION GRANT PROGRAM; AND 2) AUTHORIZING THE CITY MANAGER TO ACCEPT THE FUNDS AND EXECUTE A GRANT AGREEMENT WITH SANDAG. (Engineering/Public Works) ACTION: Adopted. See above. PARKING & TRAFFIC CONTROL ADMIN 2018 (801-2-40) 21. Resolution No. 2018-198. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF RED CURB "NO PARKING" AT THE INTERSECTION OF SWEETWATER ROAD AND VIA ROMAYA TO IMPROVE VISIBILITY AT THE INTERSECTION. (TSC No. 2018-27). (Engineering/Public Works) ACTION: Adopted. See above. PARKING & TRAFFIC CONTROL ADMIN 2018 (801-2-40) 22. Resolution No. 2018-199. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF RED CURB "NO PARKING" AT THE INTERSECTION OF E. 16TH STREET & ORANGE STREET AND THE INTERSECTION OF E. 16TH STREET & PROSPECT STREET TO IMPROVE VISIBILITY AT THE INTERSECTION. (TSC No. 2018-28). (Engineering/Public Works) ACTION: Adopted. See above. 35 71 of 319 Book 100 / Page 206 11-20-2018 CONSENT CALENDAR (cont.) PARKING & TRAFFIC CONTROL ADMIN 2018 (801-2-40) 23. Resolution No. 2018-200. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF STOP CONTROL SIGNS FOR THE NORTHBOUND AND SOUTHBOUND "LA SIESTA" WAY AND "VALLE VISTA" AVENUE APPROACHES TO THE INTERSECTION AT E. 20TH STREET TO ENHANCE SAFETY AT THE INTERSECTION. (TSC No. 2018-29). (Engineering/Public Works) ACTION: Adopted. See above. PARKING & TRAFFIC CONTROL ADMIN 2018 (801-2-40) 24. Resolution No. 2018-201. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF STOP CONTROL SIGNS FOR THE NORTHBOUND "B" AVENUE AND "C" AVENUE APPROACHES TO THE INTERSECTION AT E. 27TH STREET TO ENHANCE SAFETY AT THE INTERSECTION. (TSC No. 2018-30). (Engineering/Public Works) ACTION: Adopted. See above. FINANCIAL MANAGEMENT 2018-2019 (204-1-34) 25. National City Sales Tax Update Newsletter - Second Quarter 2018. (Finance) ACTION: Approved. See above. WARRANT REGISTER JULY 2018 - JUNE 2019 (202-1-33) 26. Warrant Register #13 for the period of 09/19/18 through 09/25/18 in the amount of $2,140,962.89. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2018 - JUNE 2019 (202-1-33) 27. Warrant Register #14 for the period of 09/26/18 through 10/02/18 in the amount of $1,568,564.85. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2018 - JUNE 2019 (202-1-33) 28. Warrant Register #15 for the period of 10/03/18 through 10/09/18 in the amount of $2,200,455.60. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2018 - JUNE 2019 (202-1-33) 29. Warrant Register #16 for the period of 10/10/18 through 10/16/18 in the amount of $746,192.50. (Finance) ACTION: Ratified. See above. 36 72 of 319 Book 100 / Page 207 11-20-2018 RECESS A recess was called at 9:28 P.M. The meeting reconvened at 9:36 P.M. All members were present. PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS MUNICIPAL CODE 2018 (506-2-33) 30. Ordinance No. 2018-2451. PUBLIC HEARING AND ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 18.24.050 (ALLOWED LAND USES AND PERMIT REQUIREMENTS), 18.30.230 (TOBACCO SPECIALTY SHOPS), AND 18.50 (GLOSSARY) OF TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE RELATED TO ELECTRONIC SMOKING DEVICES. (Applicant: City -Initiated Land Use Amendment) (Case File 2018-23 A) (Planning) RECOMMENDATION: Adopt the Ordinance. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Cano, to close the Public Hearing. Carried by unanimous vote. Motion by Cano, seconded by Mendivil, to adopt the Ordinance. Carried by unanimous vote. MUNICIPAL CODE 2018 (506-2-33) 31. PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 9.37 (PROHIBITION OF SMOKING IN OPEN AIR DINING AREAS), CHAPTER 9.38 (RESTRICTING THE SALE, DISPLAY AND PROMOTION OF TOBACCO PRODUCTS OR CIGARETTES TO MINORS), AND CHAPTER 10.52 (REGULATIONS FOR THE USE OF MUNICIPAL PARKS, PLAYGROUNDS AND GOLF COURSES) RELATED TO ELECTRONIC SMOKING DEVICES. (Applicant: City -Initiated Land Use Amendment) (Case File 2018-23 A) (Planning) RECOMMENDATION: Introduce the Ordinance. TESTIMONY: Debra Kelley, American Lung Association, responded to questions. ACTION: Motion by Sotelo-Solis, seconded by Cano, to close the Public Hearing. Carried by unanimous vote. Motion by Cano, seconded by Mendivil, to introduce the Ordinance. Carried by unanimous vote. 37 73 of 319 Book 100 / Page 208 11-20-2018 NON CONSENT RESOLUTIONS CONTRACT (C2018-62) 32. Resolution No. 2018-202. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS FOR THE SALE OF A 500 SQUARE FOOT PARCEL OF VACANT LAND LOCATED ALONG "A" AVENUE IN FRONT OF 1835 "A" AVENUE IN NATIONAL CITY TO THE BETTY WINONA MCLINTOCK REVOCABLE TRUST. (Housing & Economic Development) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. LABOR RELATIONS MEA MOU 2018-2020 (605-4-14) 33. Resolution No. 2018-203. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY AND THE NATIONAL CITY MUNICIPAL EMPLOYEES ASSOCIATION WITH EFFECTIVE DATES OF JULY 1, 2018 - JUNE 30, 2020. (Human Resources) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. COUNCIL POLICY ADMIN (102-13-1) 34. Resolution No. 2018-204. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING CITY COUNCIL POLICY NO. 120 - "SELECTION OF VICE MAYOR". (City Manager) RECOMMENDATION: Adopt the Resolution and consider adding language to the policy that in the event of an unanticipated vacancy on the City Council that appointees not be considered in a rotation for Vice Mayor during the appointed term of office. TESTIMONY: None. ACTION: Motion by Cano, seconded by Sotelo-Solis, to adopt the Resolution with the added language. Carried by unanimous vote. City Attorney Angil Morris -Jones, read the amendment into record: "That in the event of an unanticipated vacancy on the City Council that an appointee shall not be included in a rotation for Vice Mayor during the term of office". 38 74 of 319 Book 100 / Page 209 11-20-2018 NEW BUSINESS CONDITIONAL USE PERMITS 2018 (403-32-2) 35. Notice of Decision — Planning Commission approval of a Conditional Use Permit modification to extend the days of operation for a former Head Start Program located at 1805 East 17th Street. (Applicant: Tim Captain for First Christian Church) (Case File 2018-24 CUP) (Planning) RECOMMENDATION: File the Notice of Decision. TESTIMONY: None. ACTION: Motion by Rios, seconded by Cano, to accept and file the Notice of Decision. Carried by unanimous vote. CONDITIONAL USE PERMITS 2018 (403-32-2) 36. Notice of Decision — Planning Commission approval of a Conditional Use Permit and Coastal Development Permit for a gas station, convenience store with beer and wine sales, and bike shop to be located at 724 Civic Center Drive in the Coastal Zone. (Applicant: Stosh Podeswik) (Case File 2018-19 CUP, CDP) (Planning) RECOMMENDATION: File the Notice of Decision. TESTIMONY: Ted Baldyga, Attisha Group and Martin Samo, representing Applicant, spoke in support of the permit. Jack Bazzi, Cozines Grocery, Damian Cruz, National City, and Genny Torres, National City, spoke in opposition of the permit. ACTION: Motion by Rios, seconded by Sotelo-Solis, to accept and file the Notice of Decision. Carried by unanimous vote. TEMPORARY USE PERMITS 2018 (203-1-34) 37. Temporary Use Permit — Perry Chrysler requesting to use the vacant lots located at 1105 National City Boulevard, 1123 National City Boulevard and 41 E. 12th Street for storage of vehicles from November 20, 2018 thru May 20, 2019 with no waiver of fees. (Neighborhood Services) RECOMMENDATION: Approve the application for a Temporary Use Permit for a period of six months ending on May 20, 2019. TESTIMONY: None. ACTION: This item was pulled at the request of the Applicant. No action was taken. BOARDS & COMMISSIONS ADMIN (101-1-1) 38. Community and Police Relations Commission (CPRC) 2016 and 2017 Annual Reports. (City Manager) RECOMMENDATION: Accept and file 2016 and 2017 Community and Police Relations Commission Annual Reports. TESTIMONY: Victor Barajas, Chairman of the CPRC, reviewed the 2016 and 2017 Annual Reports which included personnel changes, objectives, and the backlog of cases. ACTION: Motion by Mendivil, seconded by Cano, to accept and file the 2016 and 2017 Community and Police Relations Commission Annual Reports. Carried by unanimous vote. 39 75 of 319 Book 100 / Page 210 11-20-2018 NEW BUSINESS (cont.) COUNCIL MEETINGS REGS / SCHEDULE ADMIN (102-7-1) 39. City Council Meeting Schedule for December 2018 and January 2019. (City Clerk) RECOMMENDATION: Adopt a motion dispensing with the January 15, 2019 Regular Meeting of the City Council and Successor Agency to the Community Development Commission as the National City Redevelopment Agency and adjourn the meeting of December 20th to an Adjourned Meeting on January 22, 2019 at 6:00 p.m. TESTIMONY: Mayor Morrison stated the following correction: "Adjourn the meeting of December 18th, not December 20th" ACTION: Motion by Rios, seconded by Cano, to approve the meeting schedule for December 2018 and January 2019, with Mayor Morrison's correction. Carried by unanimous vote. C. REPORTS STAFF REPORTS There were no Staff Reports. MAYOR AND CITY COUNCIL Member Mendivil congratulated the elected candidates for their success and commended them for their desire to remain on the Council and wanting to serve. He commented on the quality of the candidates, those who are on the commissions, and those who want to serve, and said that it speaks well for the City. He spoke on First Christian Church and the need for early childhood education, and praised them for providing the Head Start program to preschoolers. Member Sotelo-Solis applauded the presentations that were given at the meeting and said that she hopes the members of the public really do digest what was shared, especially the SANDAG and airport presentations; and gave kudos to staff. She asked to bring an item back on the next agenda regarding having the December 18th meeting at the MLK Building to accommodate members of the public who are interested in attending the swearing -in ceremony process and wished everyone a Happy Thanksgiving and safe travels. Motion by Sotelo-Solis, seconded by Rios, to have staff bring back information at the December 4th meeting so that the Council can make a decision to hold the December 18th City Council meeting and swearing -in ceremony at the MLK Building. Carried by the following vote, to -wit: Ayes: Mendivil, Morrison, Rios, Sotelo-Solis. Nays: Cano. Absent: None. Abstain: None. Member Rios congratulated staff on the work that was done at the meeting regarding the grants and awards received; praised the dispatch retirees and commended them for their service with the City and wished everyone a Happy Thanksgiving. 40 76 of 319 Book 100 / Page 211 11-20-2018 MAYOR AND CITY COUNCIL (cont.) Member Cano commended the Mayor for his performance at the State of the City and his leadership and the great job he and his Executive Assistant Josie Flores - Clark have done; praised others who attended and spoke at the Council meeting and said he hopes for peace and tranquility to continue. Member Cano congratulated Mayor -elect Sotelo-Solis and Councilmember re-elect Rios and Councilmember-elect Morrison for their election success. Mayor Morrison spoke about the lowrider community and the history of cruising; praised the lowrider community on the great work that they have done in restoring peoples' image of them and said he hopes to bring back some opportunities for cruising to return to National City. Mayor Morrison spoke on upcoming and past events in the City reaching out to the families and the less fortunate and shared his thoughts on the State of the City event and those who received recognition. Motion by Morrison, seconded by Rios, to bring back on the next agenda on December 4th for discussion, to pursue opening up the area if there's points of discussion to go forth and see if there's opportunities to approach a cruising Ordinance and review the current Ordinance. Carried by unanimous vote. CLOSED SESSION REPORT City Attorney Angil-Morris Jones reported that in regards to Item Nos. 1, 2 and 3, Council gave direction and authorization to staff. (See attached Exhibit `L') ADJOURNMENT Motion by Rios, seconded by Cano, to adjourn the meeting to the next Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday — December 4, 2018 - 6:00 p.m. - Council Chambers - National City, California. Carried by unanimous vote. Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday — December 4, 2018 - 6:00 p.m. - Council Chambers - National City, California. The meeting closed at 11:37 p.m. City Clerk The foregoing minutes were approved at the Regular Meeting of April 2, 2019. Mayor 41 77 of 319 Book 100 / Page 212 11-20-2018 THIS PAGE INTENTIONALLY LEFT BLANK 42 78 of 319 EXHIBIT `L' CALIFORNIA NATIONAL City • INCORPORATED AGENDA OF A SPECIAL MEETING CITY COUNCIL OF THE CITY OF NATIONAL CITY Main Conference Room Civic Center 1243 National City Boulevard National City, California Special Meeting - Tuesday, November 20, 2018 — 4:30 p.m. ROLL CALL OPEN SESSION CALL TO ORDER ROLL CALL PUBLIC COMMENTS CLOSED SESSION Conference with Labor Negotiators — Government Code Section 54957.6 Agency Designated Representatives: Eddie Kreisberg, Mark Roberts, Irene Mosley, Jose Tellez, and Lilia Munoz Employee Organization: Police Officers' Association 2. Conference with Labor Negotiators — Government Code Section 54957.6 Agency Designated Representatives: Eddie Kreisberg, Mark Roberts, Robert Hernandez, Irene Mosley, and Lilia Munoz Employee Organization: Firefighters' Association 3. Conference with Labor Negotiators — Government Code Section 54957.6 Agency Designated Representatives: Eddie Kreisberg, Mark Roberts, Irene Mosley, Alfredo Ybarra, and Lilia Munoz Employee Organization: Municipal Employees' Association 4. Conference with Legal Counsel — Pending Litigation Existing Litigation under Government Code Section 54956.9(d)(1) McKercher v. Morrison; USDC 18-CV-01054-JM-BLM ADJOURNMENT Next Regular City Council Meeting: Tuesday, November 20, 2018, 6:00 p.m., City Council Chambers, Civic Center — National City, California. 43 79 of 319 Book 100 / Page 215 12-04-2018 DRAFT DRAFT DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY December 4, 2018 The Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City was called to order at 6:13 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL Council / Board members present: Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Administrative Officials present: Dalla, Deese, Denham, Duong. Morris -Jones, Mosley, Parra, Raulston, Roberts, Rodriguez, Tellez, Williams, Yano, Ybarra. Others present: City Treasurer Mitch Beauchamp, Student Representative Danielle Cruz. PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON PUBLIC COMMENTS Cindy Gomper Graves and Efrain Ibarra, Jr., South County Economic Development Council (South County EDC), shared demographic information on behalf of Megla Manufacturing, and said that there will be upcoming plans for 2019 in partnership with the City of National City and the Chamber of Commerce. Luis Mercado, appeared on behalf of Richard Zaragosa and extended an invitation to Mayor -Elect Sotelo-Solis to visit his church. PROCLAMATIONS PROCLAMATION ADMIN (102-2-1) 1. NaFFAA San Diego/Imperial Region Filipino -American Friendship Day PROCLAMATION ADMIN (102-2-1) 2. National Recovery Day PROCLAMATION ADMIN (102-2-1) 3. National Weatherization Day AWARDS AND RECOGNITIONS COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2018 (102-10-13) 4. Employee Service Recognition - Anthony J. Gaut, Equipment Maintenance Supervisor. (Engineering/Public Works) 44 80 of 319 Book 100 / Page 216 12-04-2018 AWARDS AND RECOGNITIONS (cont.) COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2018 (102-10-13) 5. Retiree Service Recognition - Tiny Tots teachers Debbie Shinn and Sharon Johnson. (Community Services) ACTION: This item will be carried over to another meeting. PRESENTATIONS COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2018 (102-10-13) 6. 2019 Storm Water Calendar Presentation. (Kathy Masters, Acting Executive Secretary) (Engineering/Public Works) COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2018 (102-10-13) 7. Presentation on State "Trash Amendments" pertaining to the Investigative Order R9-2017-0077 issued by the San Diego Regional Water Quality Control Board. (John Quenzer, Senior Scientist, D-Max Engineering, Inc.) INTERVIEWS / APPOINTMENTS BOARDS & COMMISSIONS ADMIN (101-1-1) 8. Interviews and Appointments: Various Boards & Commissions. (City Clerk) RECOMMENDATION: Interview and appoint as desired. TESTIMONY: Javier Alvarado and Sherry Gogue appeared for interview. ACTION: Motion by Morrison, seconded by Sotelo-Solis, to appoint Sherry Gogue to the Library Board of Trustees. Carried by unanimous vote. Motion by Morrison, seconded by Sotelo-Solis, to appoint Gloria Pangelinan to the Public Art Committee. Carried by unanimous vote. Motion by Morrison, seconded by Cano, to appoint Javier Alvarado to the Traffic Safety Committee. Carried by unanimous vote. CITY COUNCIL CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 9 (NCMC), Item No. 10 (Minutes), Item Nos. 11 through 19 (Resolution Nos. 2018-205 through 2018-213), Item No. 20 (Report), Item Nos. 21 through 22 (Warrant Registers). Motion by Cano, seconded by Mendivil, to approve the Consent Calendar. Carried by unanimous vote. 45 81 of 319 Book 100 / Page 217 12-04-2018 CONSENT CALENDAR (cont.) MUNICIPAL CODE 2018 (506-2-33) 9. MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE WAIVING OF THE READING OF THE TEXT OF THE ORDINANCES CONSIDERED AT THIS MEETING AND PROVIDING THAT SUCH ORDINANCES SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING OF THE TITLE ONLY. (City Clerk) ACTION: Approved. See above. GENERAL ADMIN (103-2-1) 10. APPROVAL OF THE MINUTES OF THE REGULAR MEETINGS OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF JUNE 19, 2018 AND JULY 3, 2018 AND THE SPECIAL MEETINGS OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY OF MAY 15, 2018, JULY 3, 2018, AND NOVEMBER 20, 2018. (City Clerk) ACTION: Approved. See above. ENGINEERING / PUBLIC WORKS DEPT - GRANTS / REPORTS ADMIN (1104-1-1) 11. Resolution No. 2018-205. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACCEPTANCE OF THE FISCAL YEAR 2018-2019 ALLOCATION FROM THE REGIONAL SOLID WASTE ASSOCIATION IN THE AMOUNT OF $29,882 FOR NATIONAL CITY'S RECYCLING EFFORTS, AND AUTHORIZING THE ESTABLISHMENT OF A TRASH STABILIZATION FUND FUND APPROPRIATION AND A CORRESPONDING REVENUE BUDGET IN THE AMOUNT OF $29,882. (Engineering/Public Works) ACTION: Adopted. See above. FINANCIAL MANAGEMENT 2018-2019 (204-1-34) 12. Resolution No. 2018-206. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ESTABLISHMENT OF $300,000 IN TRANSPORTATION DEVELOPMENT IMPACT FEE (TDIF) FUND BALANCE APPROPRIATIONS FOR PLAZA BOULEVARD WIDENING PROJECT. (Engineering/Public Works) ACTION: Adopted. See above. EQUIPMENT / VEHICLE PURCHASE ADMIN (209-1-1) 13. Resolution No. 2018-207. 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 46 82 of 319 Book 100 / Page 218 12-04-2018 CONSENT CALENDAR (cont.) EQUIPMENT / VEHICLE PURCHASE ADMIN (209-1-1) 13. Resolution No. 2018-207 (continued). JOINT POWERS ALLIANCE") CONTRACT #120716-NAF WITH NATIONAL AUTO FLEET GROUP FOR THE PURCHASE AND BUILD - OUT OF ONE (1) 2019 FORD SUPER DUTY F-450 IN AN AMOUNT NOT TO EXCEED $89,465.83. (Engineering/Public Works) ACTION: Adopted. See above. EQUIPMENT / VEHICLE PURCHASE ADMIN (209-1-1) 14. Resolution No. 2018-208. 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 SUPER DUTY F-350 IN AN AMOUNT NOT TO EXCEED $60,686.25. (Engineering/Public Works) ACTION: Adopted. See above. PARKING & TRAFFIC CONTROL ADMIN 2018 (801-2-40) 15. Resolution No. 2018-209. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF BLUE CURB DISABLED PERSONS PARKING SPACE WITH SIGNAGE IN FRONT OF THE RESIDENCE LOCATED AT 704 "E" AVENUE (TSC No. 2018-32). (Engineering/Public Works) ACTION: Adopted. See above. PARKING & TRAFFIC CONTROL ADMIN 2018 (801-2-40) 16. Resolution No. 2018-210. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF BLUE CURB DISABLED PERSONS PARKING SPACE WITH SIGNAGE IN FRONT OF THE RESIDENCE LOCATED AT 2132 "B" AVENUE (TSC No. 2018-32). (Engineering/Public Works) ACTION: Adopted. See above. PARKING & TRAFFIC CONTROL ADMIN 2018 (801-2-40) 17. Resolution No. 2018-211. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF 40 FEET OF PARALLEL "15-MINUTE" PARKING, VALID DAILY FROM 7:00 A.M. TO 7:00 P.M., LOCATED AT 730 E. 7TH STREET IN FRONT OF "TORTILLERIA EL GRANO DE ORO" TO INCREASE PARKING TURNOVER FOR CUSTOMERS (TSC No. 2018-33). (Engineering/Public Works) ACTION: Adopted. See above. 47 83 of 319 Book 100 / Page 219 12-04-2018 CONSENT CALENDAR (cont.) PARKING & TRAFFIC CONTROL ADMIN 2018 (801-2-40) 18. Resolution No. 2018-212. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF 20 FEET OF RED CURB "NO PARKING" ON THE EAST SIDE OF PARADISE DRIVE, NORTH OF E. 11TH STREET, TO ENHANCE VISIBILITY AND ACCESS FROM E. 11TH STREET ONTO PARADISE DRIVE (TSC No. 2018-34). (Engineering/Public Works) ACTION: Adopted. See above. PARKING & TRAFFIC CONTROL ADMIN 2018 (801-2-40) 19. Resolution No. 2018-213. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF A BLUE CURB DISABLED PERSONS PARKING SPACE WITH SIGNAGE IN FRONT OF THE RESIDENCE LOCATED AT 1911 ORANGE STREET (TSC No. 2018-35). (Engineering/Public Works) ACTION: Adopted. See above. FINANCIAL MANAGEMENT 2018-2019 (204-1-34) 20. Investment transactions for the month ended August 31, 2018. (Finance) ACTION: Approved. See above. WARRANT REGISTER JULY 2018 - JUNE 2019 (202-1-33) 21. Warrant Register #17 for the period of 10/17/18 through 10/23/18 in the amount of $2,179,997.37. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2018 - JUNE 2019 (202-1-33) 22. Warrant Register #18 for the period of 10/24/18 through 10/30/18 in the amount of $271,716.06. (Finance) ACTION: Ratified. See above. PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS MUNICIPAL CODE 2018 (506-2-33) 23. Ordinance No. 2018-2452. PUBLIC HEARING AND ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 9.37 (PROHIBITION OF SMOKING IN OPEN AIR DINING AREAS), CHAPTER 9.38 (RESTRICTING THE SALE, DISPLAY AND PROMOTION OF TOBACCO PRODUCTS OR CIGARETTES TO MINORS), AND CHAPTER 10.52 (REGULATIONS FOR THE USE OF MUNICIPAL PARKS, PLAYGROUNDS AND GOLF COURSES) RELATED TO ELECTRONIC SMOKING DEVICES. (Applicant: City -Initiated Land Use Amendment) (Case File 2018-23 A) (Planning) 48 84 of 319 Book 100 / Page 220 12-04-2018 MUNICIPAL CODE 2018 (506-2-33) 23. Ordinance No. 2018-2452 (continued) RECOMMENDATION: Adopt the Ordinance. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Cano, to close the Public Hearing. Carried by unanimous vote. Motion by Mendivil, seconded by Cano, to adopt the Ordinance. Carried by unanimous vote. NEW BUSINESS CONDITIONAL USE PERMITS 2018 (403-32-2) 24. Notice of Decision - Planning Commission approval of a Conditional Use Permit for on -site alcohol sales (Type 47) at a new restaurant (Gerry's Grill) located at 3030 Plaza Bonita Road #2510. (Applicant: Steve Rawlings) (Case File 2018-22 CUP) (Planning) RECOMMENDATION: File the Notice of Decision. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Mendivil, to approve the CUP and file the Notice of Decision. Carried by unanimous vote. FINANCIAL MANAGEMENT 2018-2019 (204-1-34) 25. Approval of Fiscal Year 2020 budget workshop dates. (Finance) RECOMMENDATION: Approve the recommended Fiscal Year 2020 budget workshop dates. TESTIMONY: None. ACTION: Motion by Rios, seconded by Sotelo-Solis, to approve the recommended Fiscal Year 2020 workshop dates. Carried by unanimous vote. CITY MANAGER / REPORTS ADMIN (1104-1-12) 26. City Council discussion regarding National City Municipal Code Chapter 11.68 - Cruising. (City Manager) RECOMMENDATION: Provide direction to staff. TESTIMONY: Robert Casas, The Crowd of National City Car Club, spoke on behalf of the lowrider community, their functions, improvements, and the fundraising they've done. He said that a proposal and application for a Temporary Use Permit was submitted to the City to put on a first annual family -oriented car show in Kimball Park in May 2019; part of this would involve the car show participants cruising on Highland Ave afterwards. Eddie Perez, National City, had questions about the current ordinance and suggested looking into the current law implementing the ordinance. 49 85 of 319 Book 100 / Page 221 12-04-2018 NEW BUSINESS (cont.) CITY MANAGER / REPORTS ADMIN (1104-1-12) 26. City Council discussion regarding National City Municipal Code Chapter 11.68 — Cruising. (continued) TESTIMONY (cont.): Daniel Perez, National City, spoke in support of looking into the cruising ordinance and bringing it back to the City since it has a history of cruising and feels that it will help with the City's future. City Attorney Morris -Jones and Mayor Morrison left the chambers for a brief discussion. ACTION: Motion by Rios, seconded by Mendivil, to create an ad hoc committee appointing current Mayor Morrison and Mayor -elect Sotelo-Solis to serve on the committee continuing in the current year and into the following year. Carried by unanimous vote. CITY MANAGER / REPORTS ADMIN (1104-1-12) 27. City Council discussion and direction on amended City Council Policy No. 104 - "Rules of Procedure and Order for City Council Meetings" (currently titled "Conduct of City Council Meetings"). (City Manager) RECOMMENDATION: Request Council direction on the amended policy. TESTIMONY: Coyote Moon, National City, spoke on Page 9, Section 7, on agenda sequence and order of business. She recommended that the invocation be eliminated or formalize a procedure for determining who gets to give the invocation. ACTION: There was extensive discussion, suggested changes, clarifications, and direction provided, with the understanding that they would be incorporated in the draft policy for City Council consideration at a future meeting. There was no vote. CITY MANAGER / REPORTS ADMIN (1104-1-12) 28. City Council discussion and direction to relocate the December 18, 2018 Regular Meeting of the National City City Council/Community Development Commission -Housing Authority meeting to the Martin Luther King, Jr. (MLK) Community Center. (City Manager and City Clerk) RECOMMENDATION: Request Council direction. TESTIMONY: None. ACTION: Motion by Cano, seconded by Rios, to relocate the December 18th meeting to the MLK Community Center. Carried by unanimous vote. 50 86 of 319 Book 100 / Page 222 12-04-2018 C. REPORTS STAFF REPORTS Acting Community Services Director Audrey Denham announced details of the upcoming Christmas Tree Lighting at Kimball Park event, "A Kimball Holiday". Director of Emergency Services Frank Parra spoke on emergency preparedness in light of the upcoming storm. MAYOR AND CITY COUNCIL Student Council Representative Danielle Cruz reported on current Sweetwater High School events such as the Winter Assembly, and the conditions of the new gym. She added that it is college application season. Member Mendivil gave his final comments as Councilmember, by thanking the Council, staff, and public for allowing him to serve for the last four years. He extended well wishes and is happy for Mayor -elect Sotelo-Solis; he encouraged the Council to find common ground and thinks that the lowrider issue is a perfect opportunity. He said that he will continue being a part of the National City Clergy Association, Boys & Girls Club, and most recently with Sweetwater Baseball. Member Sotelo-Solis thanked Member Mendivil for his sentiments and commended him on the new chapter in his life. She congratulated Chief Rodriguez on his retirement and Assistant Chief Tellez for his promotion to Chief of Police and said she looks forward to working with the new City Council. Member Rios said that she looks forward to working together to make sure that the community continues to grow. She thanked Member Mendivil for his service as Councilmember; acknowledged and thanked City staff on their expertise and guidance, and shared information from events and a workshop that she recently attended. Member Cano thanked Member Mendivil for putting in a good four-year input to the City; commented on Chief Rodriguez's retirement; thanked and gave praise to Executive Assistant to the Mayor Josie Flores -Clark for her twelve years of service, and spoke about his experience as bartender at the Mayor's housewarming party. Mayor Morrison thanked those who helped with his 23rd Annual Christmas Open House Party over the weekend. 51 87 of 319 Book 100 / Page 223 12-04-2018 CLOSED SESSION REPORT City Attorney Angil-Morris Jones reported that in regards to Item Nos. 1 and 2, there was nothing to report. In regards to Item Nos. 3 and 4, both items received direction and authorization from the Council by a 5-0 vote. (See attached Exhibit `L') ADJOURNMENT Motion by Mendivil, seconded by Cano, to adjourn the meeting to the Special Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday — December 18, 2018 - 6:00 p.m. — Martin Luther King Center - National City, California. Carried by unanimous vote. Special Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday — December 18, 2018 - 6:00 p.m. — Martin Luther King Center - National City, California. The meeting closed at 9:56 p.m. City Clerk The foregoing minutes were approved at the Regular Meeting of April 2, 2019. Mayor City Council and Community Development Commission - Housing Authority of the City of National City Meeting Schedule for the Period January 1, 2019 through January 22, 2019: January 01 - Dispense with Meeting - 6:00 p.m. January 15 - Dispense with Meeting - 6:00 p.m. January 22 - Adjourned Regular Meeting - 6:00 p.m. In observance of the Employee Work Furlough, City Offices will be closed from Friday, December 21, 2018 through Sunday, January 6, 2019. City Offices will reopen on Monday, January 7, 2019. 52 88 of 319 EXHIBIT `L' CALIFORNIA -^ NAT1ONA.L. CI rir • INCORFOBATRD AGENDA OF A SPECIAL MEETING CITY COUNCIL OF THE CITY OF NATIONAL CITY Main Conference Room Civic Center 1243 National City Boulevard National City, California Special Meeting - Tuesday, December 4, 2018 — 4:00 p.m. ROLL CALL CITY COUNCIL OPEN SESSION CALL TO ORDER ROLL CALL PRESENTATION: Public Officials' Social Media Accounts. (City Attorney) CLOSED SESSION 1. Conference with Legal Counsel — Pending Litigation Existing Litigation under Government Code Section 54956.9(d)(1) McKercher v. Morrison; USDC 18-CV-01054-JM-BLM 2. Conference with Legal Counsel — Pending Litigation Existing Litigation under Government Code Section 54956.9(d)(1) Esthela Madrigal v. Bonita Creek Homeowners Association, et al. SDSC Case No. 37-2017-00027590-CU-PA-CTL 3. Conference with Legal Counsel — Pending Litigation Existing Litigation under Government Code Section 54956.9(d)(1) Stephen Miranda v. City of National City, et al. SDSC Case No. 37-2017-00050087-CU-PO-CTL 4. Liability Claims — Government Code Section 54956.95 Workers' Compensation Claims Agency Claimed Against: City of National City Number of Claims: One ADJOURNMENT Next Regular City Council Meeting: Tuesday, December 4, 2018, 6:00 Chambers, Civic Center — National City, California. p.m., City Council 53 89 of 319 Book 100 / Page 224 12-18-2018 DRAFT DRAFT DRAFT MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY December 18, 2018 The Special Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City was called to order at 6:17 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL Council / Board members present: Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Administrative Officials present: Dalla, Deese, Denham, Duong. Manganiello, Morris -Jones, Mosley, Parra, Raulston, Roberts, Rodriguez, Tellez, Williams, Yano, Ybarra. Others present: City Treasurer Mitch Beauchamp, Student Representative Danielle Cruz. PLEDGE OF ALLEGIANCE TO THE FLAG BY STUDENT REPRESENTATIVE DANIELLE CRUZ CITY COUNCIL CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 1 (Minutes), Item No. 2 and 3 (Warrant Registers), Item No. 4 (Report). Motion by Sotelo-Solis, seconded by Cano, to approve the Consent Calendar. Carried by unanimous vote. GENERAL ADMIN (103-2-1) 1. APPROVAL OF THE MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY OF DECEMBER 4, 2018. (City Clerk) ACTION: Approved. See above. WARRANT REGISTER JULY 2018 - JUNE 2019 (202-1-33) 2. Warrant Register #19 for the period of 10/31/18 through 11/06/18 in the amount of $2,850,878.55. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2018 - JUNE 2019 (202-1-33) 3. Warrant Register #20 for the period of 11/07/18 through 11/13/18 in the amount of $412,913.44. (Finance) ACTION: Ratified. See above. FINANCIAL MANAGEMENT 2018-2019 (204-1-34) 4. Investment transactions for the month ended September 30, 2018. (Finance) ACTION: Approved. See above. 54 90 of 319 Book 100 / Page 225 12-18-2018 BUSINESS RELATING TO GENERAL MUNICIPAL ELECTION NOVEMBER 6, 2018 ELECTION NOV 2018 ADMIN (505-7-9) 5. Resolution No. 2018-214. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 6, 2018, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW. (City Clerk) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. RECOGNITION OF OUTGOING ELECTED OFFICIALS County Supervisor Greg Cox, presented a proclamation to Vice Mayor Mendivil proclaiming December 18th "Albert Mendivil Day" in San Diego County and presented a proclamation to Mayor Morrison for his service as Mayor and for his service on a national and statewide level; and proclaimed December 18th as "Ron Morrison Day" in San Diego County. He also presented a proclamation to Mayor Morrison on behalf of Congressman Juan Vargas recognizing his lifetime dedication to public service. Robert (Dukie) Valderrama, Port Commission, presented a proclamation to Vice Mayor Mendivil for his service and to Mayor Morrison for all his hard work and advocacy. He also recognized and presented a proclamation each to Member Sotelo-Solis and Member Rios for their service on the Council. Vice Mayor Mendivil presented a proclamation to Mayor Morrison acknowledging his leadership and proclaiming December 18th as "Mayor Ron Morrison Day". Member Sotelo-Solis thanked outgoing Mayor Morrison and outgoing Vice Mayor Mendivil for the work they have done and provided them with their personalized photo plaques and badges as a keepsake. In addition, a "passing on of the gavel" plaque was presented to outgoing Mayor Morrison. A representative of La Vista Park and Mortuary, thanked Mayor Morrison and Vice Mayor Mendivil for the support and work they have done for the City and said they look forward to working with Mayor Sotelo-Solis and Councilmember Rios. Janice Martinelli, National City Historical Society, thanked Mayor Morrison and staff for being supportive of the Society and welcomed the new people to office. Mr. Jesse Navarro expressed thanks and appreciation to Mayor Morrison and Vice Mayor Mendivil for their service, on behalf of the San Diego District Attorney's office and congratulated the newly elected Mayor and Councilmember. 55 91 of 319 Book 100 / Page 226 12-18-2018 RECOGNITION OF OUTGOING ELECTED OFFICIALS (cont.) Executive Assistant to Mayor Morrison, Josie Flores -Clark, expressed her thanks to Mayor Morrison for his leadership and service during the past twelve years. Vice Mayor Mendivil congratulated incoming Mayor Sotelo-Solis and her family and shared words of encouragement and advice. He expressed his appreciation for the National City Police Department and said it was an honor to be associated with them. Mayor Morrison spoke on his time in office for the past twenty-six years and how things have progressed for the better as a City and said that the community should be proud of all that has gone on and will happen. He expressed gratitude and thanks to City staff, his family, his Executive Assistant, Josie Flores -Clark, the people of National City, the community, and region for allowing him to serve as Mayor. OUTGOING MAYOR RON MORRISON AND VICE MAYOR ALBERT MENDIVIL WALKED OFF THE DAIS. OATH OF OFFICE CEREMONY City Clerk Michael Dalla, introduced Toni Atkins, the Honorable President Pro Tempore of the California Senate and Senator for the 39th District. Senator Atkins acknowledged various elected officials that were in attendance: State Board of Equalization Member -Elect Michael Schaefer, Diamond Wallace representing State Assemblywoman Lorena Gonzalez -Fletcher, District 1 County Supervisor Greg Cox, Imperial Beach Mayor Serge Dedina, Imperial Beach Mayor Pro-Tem Mark West, Imperial Beach Councilmember Paloma Aguirre, San Diego District 9 City Council President Georgette Gomez, Councilmember Vivian Moreno, Adrian Granda representing San Diego Mayor Kevin Faulconer, National City School District Board Members Maria Dalla, Maria Betancourt-Castaneda, and Brian Clapper, National School District Superintendent Leighangela Brady, Southwestern Community College District Governing Board Nora Vargas, Sweetwater Union High School District Board Members Arturo Solis and Paula Hall, Sweetwater Water Authority Board member Jess Van Deventer and Port Commissioner Robert (Dukie) Valderrama. Senator Atkins praised the diverse National City community and the work done in the City and gave words of advice and support to the newly elected officials. INVOCATION Imam Yusef Miller, Council on American Islamic Relations. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE National City Girl Scout Troop 6045 followed by the Pledge of Allegiance led by Student Council Representative Danielle Cruz from Sweetwater High School. 56 92 of 319 Book 100 / Page 227 12-18-2018 CEREMONIAL OATH OF OFFICE City Clerk Michael Dalla invited newly elected and re-elected officials Mona Rios, Alejandra Sotelo-Solis, and Ron Morrison forward for administration of the Oath of Office. Mr. Val Macedo administered the ceremonial Oath of Office to newly elected Councilmember Ron Morrison. Mr. Al Alvarado administered the ceremonial Oath of Office to his daughter, newly re-elected Councilmember Mona Rios. Francisco Sevilla administered the ceremonial Oath of Office to newly elected Mayor Alejandra Sotelo-Solis. PRAYER OF BENEDICTION Father Edmundo Zarate from St. Anthony's Church and Father Nemesio Sugcad from St. Mary's Church. A RECESS WAS CALLED AT 6:48 P.M. FOR REFRESHMENTS. THE MEETING RECONVENED AND WAS CALLED TO ORDER AT 7:45 P.M. ROLL CALL Council / Board members present: Cano, Morrison, Rios, Sotelo-Solis. Administrative Officials present: Dalla, Deese, Denham, Morris -Jones, Mosley, Parra, Raulston, Roberts, Rodriguez, Tellez, Williams, Yano, Ybarra. Others present: City Treasurer Mitch Beauchamp, Student Representative Danielle Cruz. INCOMING MAYOR AND CITY COUNCIL COMMENTS Councilmember Morrison said that he is excited to be continuing his service on the Council; congratulated Mayor Sotelo-Solis and re-elected Councilmember Rios and said that he will continue to fight for real tolerance and diversity within the City, and working together to help to make good things happen. Councilmember Rios spoke about the importance of community growth and how happy she is to be part of the transition. She thanked Mayor Sotelo-Solis for standing up and running for Mayor and concurred with Councilmember Morrison's comments about working together to make sure the City is the place that it should be. She read a statement of acknowledgement and thanks to her family, City employees, and elected officials. Mayor Sotelo-Solis offered special recognition to previous female elected officials and others in leadership roles, to her fifth grade teacher Francisco Sevilla, her high school coaches, union members, all elected officials that were in attendance, colleagues and City staff, as well as her family for always believing in her and supporting her in her last ten years as a councilmember. She briefly shared her future goals as Mayor. 57 93 of 319 Book 100 / Page 228 12-18-2018 PUBLIC COMMENTS - None AWARDS AND RECOGNITIONS COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2018 (102-10-13) 6. Employee of the Quarter 2018 - Firefighter Zachary Stout. (Fire) INTERVIEWS / APPOINTMENTS BOARDS & COMMISSIONS ADMIN (101-1-1) 7. Interviews and Appointments: Outside Boards & Committees. (City Clerk) RECOMMENDATION: Interview and appoint as desired. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Cano, to re -appoint Charles Reilly to the Port Public Art Committee. Carried by unanimous vote. Motion by Sotelo-Solis, seconded by Cano, to appoint Member Rios as primary and Member Jerry Cano as Alternate on the Bay shore Bikeway Working Group. Carried by unanimous vote. Motion by Sotelo-Solis, seconded by Cano, to appoint Mayor Sotelo- Solis to San Diego Association of Governments (SANDAG) as primary, Member Rios as first alternate, and Member Morrison as second alternate. Carried by unanimous vote. Motion by Sotelo-Solis, seconded by Cano, to appoint Mayor Sotelo- Solis as primary to the Shoreline Preservation Working Group, and Member Morrison as alternate. Carried by unanimous vote. Motion by Sotelo-Solis, seconded by Cano, to appoint Member Rios to Metropolitan Transit System (MTS) as primary, and Mayor Sotelo- Solis as alternate. Carried by unanimous vote. Motion by Sotelo-Solis, seconded by Cano, to keep the primary as Member Cano on Metro Wastewater JPA and the alternate as Member Morrison. Carried by unanimous vote. Motion by Sotelo-Solis, seconded by Cano, to appoint Mayor Sotelo- Solis and Member Cano to Sweetwater Authority. Carried by the following vote, to -wit: Ayes: Cano, Rios, Sotelo-Solis. Nays: Morrison. Abstain: None. Absent: None. CITY COUNCIL CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 8 (NCMC), Item Nos. 9 and 10 (Resolution Nos. 2018-215 and 2018-216). Motion by Rios, seconded by Cano, to approve the Consent Calendar. Carried by unanimous vote. 58 94 of 319 Book 100 / Page 229 12-18-2018 CONSENT CALENDAR (cont.) MUNICIPAL CODE 2018 (506-2-33) 8. MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE WAIVING OF THE READING OF THE TEXT OF THE ORDINANCES CONSIDERED AT THIS MEETING AND PROVIDING THAT SUCH ORDINANCES SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING OF THE TITLE ONLY. (City Clerk) ACTION: Approved. See above. POLICE DEPT ADMIN (302-4-1) 9. Resolution No. 2018-215. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE 30-DAY REVIEW AND PUBLIC COMMENT OF THE NATIONAL CITY POLICE DEPARTMENT'S GRANT APPLICATION IN THE AMOUNT OF $23,207 TO THE 2017 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM TO PURCHASE MOTOROLA HANDHELD POLICE RADIOS AND MOTOROLA HANDHELD RADIO BATTERIES, APPROVING THE ACCEPTANCE OF THE GRANT AWARD AND THE EXPENDITURE OF GRANT FUNDS, AND APPROVING THE ESTABLISHMENT OF AN APPROPRIATION AND CORRESPONDING REVENUE BUDGET IN THE AMOUNT OF $23,207. (Police) ACTION: Adopted. See above. POLICE DEPT ADMIN (302-4-1) 10. Resolution No. 2018-216. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE 30-DAY REVIEW AND PUBLIC COMMENT OF THE NATIONAL CITY POLICE DEPARTMENT'S GRANT APPLICATION IN THE AMOUNT OF $21,457 TO THE 2018 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM TO PURCHASE MOTOROLA HANDHELD POLICE RADIOS AND MOTOROLA HANDHELD RADIO BATTERIES, APPROVING SETTING ASIDE 3% OF THE AWARDED GRANT FUNDS FOR NATIONAL INCIDENT -BASED REPORTING SYSTEM (NIBRS) COMPLIANCE, AS DICTATED WITHIN THE GRANT, APPROVING THE ACCEPTANCE OF THE GRANT AWARD AND THE EXPENDITURE OF GRANT FUNDS, AND APPROVING THE ESTABLISHMENT OF AN APPROPRIATION AND CORRESPONDING REVENUE BUDGET IN THE AMOUNT OF $21,457. (Police) ACTION: Adopted. See above. 59 95 of 319 Book 100 / Page 230 12-18-2018 PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS MUNICIPAL CODE 2018 (506-2-33) CITY ATTORNEY REPORTS (509-1-3) 11. Ordinance No. 2019-2453. DISCUSSION, PUBLIC HEARING, AND INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING THE COMPENSATION OF THE MAYOR AND THE CITY COUNCIL. (City Attorney) RECOMMENDATION: Introduce the Ordinance. TESTIMONY: None. ACTION: Motion by Cano, to approve the pay increase for Mayor and Council. Motion died for lack of a second. Motion by Rios, seconded by Sotelo-Solis, to keep the current salaries for the Mayor and City Council as set on February 21, 2017 ($1,189.78 per month for Council and $4,532.13 per month for Mayor. Carried by unanimous vote. NON CONSENT RESOLUTIONS HUMAN RESOURCES DEPT ADMIN (1104-1-2) 12. Resolution No. 2018-217. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY: 1) ADDING A CURRENTLY UNBUDGETED EXECUTIVE SECRETARY POSITION TO THE DEPARTMENT OF HOUSING & ECONOMIC DEVELOPMENT; 2) AUTHORIZING THE USE OF GENERAL FUND FUND BALANCE TO ADD THE EXECUTIVE SECRETARY POSITION AT A COMPENSATION LEVEL EQUAL TO THAT OF THE EXECUTIVE ASSISTANT IV INCUMBENT, WHO WILL OCCUPY THE POSITION, TO THE DEPARTMENT OF HOUSING & ECONOMIC DEVELOPMENT; AND 3) REPLACING THE EXECUTIVE ASSISTANT IV POSITION IN THE MAYOR'S OFFICE WITH A CONFIDENTIAL ASSISTANT (AT -WILL) POSITION, RESULTING IN COST SAVINGS. (Human Resources) RECOMMENDATION: Adopt the resolution 1) adding a currently unbudgeted Executive Secretary position to the Department of Housing and Economic Development; 2) authorizing the use of General Fund fund balance to add the Executive Secretary position at a compensation level equal to that of the Executive Assistant IV incumbent, who will occupy the position, to the Department of Housing and Economic Development; and, 3) replacing the Executive Assistant IV position in the Mayor's office with a Confidential Assistant (At -Will) position, resulting in cost savings. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Rios, to adopt the Resolution. Carried by unanimous vote. 60 96 of 319 Book 100 / Page 231 12-18-2018 NEW BUSINESS PLANNING & BUILDING DEPT ADMIN (1104-1-10) 13. Request to demolish potentially historic property located at 1924-36 Harding Avenue (APN 559-105-12-00). (Planning) RECOMMENDATION: Withhold issuance of the permit and continue this item to the City Council meeting of January 22, 2019. TESTIMONY: Janice Martinelli, National City Historical Society, stated that the property is historic for many reasons, based on research. The Historical Society would go along with the demolition permit provided that they can go in and remove anything that they think might be useable to other people who own historic homes in National City. Dave Gillingham, Applicant/Property Owner, stated that he has done considerable research with a consultant and that the house was not what it was characterized as being at the October 16th Public Hearing. He also disagrees with his home being characterized as "Greek Revival Style". He is more than willing to allow the Historical Society to have whatever they want and would like his demolition permit to be approved. Mr. Gillingham affirmed that ninety days would be sufficient to provide time for the Historical Society to extract items from the home. EX PARTE DISCLOSURE: Mayor Sotelo-Solis stated for the record, that the property owner has sent all of the members of the Council an email stating his position that his property is not historic. Member Morrison disclosed that he also received a call from the property owner. ACTION: Motion by Cano, seconded by Rios, to approve the demolition permit with the conditions that the applicant accepted with a ninety -day period of time for the Historical Society or any other individual with involvement in the Historical Society and with the applicant's permission, to extract belongings that they feel can be used for other properties that are part of the Historical Society. Carried by unanimous vote. CITY ATTORNEY REPORTS (509-1-3) 14. Selection of Vice Mayor. (City Attorney) ACTION: Motion by Sotelo-Solis, seconded by Rios, to appoint member Morrison as Vice Mayor. Carried by unanimous vote. 61 97 of 319 Book 100 / Page 232 12-18-2018 NEW BUSINESS (cont.) CITY ATTORNEY REPORTS (509-1-3) 15. Requirement to fill vacancy on the City Council pursuant to Government Code Section 36512. (City Attorney) STAFF REPORT: City Attorney Angil Morris -Jones advised that the City Council has 60 days to fill the vacant City Council seat by appointment or call a Special Election. If the City Council fails to fill the vacancy within 60 days then a Special Election will be called by operation of law. The first available date for a Special Election would be November 5, 2019 and would cost approximately $408,000. Additionally, an outlined example of the 4 step procedure the City Council followed to fill a vacancy in 2006 was provided in the City Attorney's staff report. The City Attorney stated that Mayor Sotelo- Solis has suggested that the deadline for submitting City Council applications would be January 22nd, and interviews would be held on January 29th TESTIMONY: The following individuals spoke in favor of appointing Jose Rodriguez to the City Council: Ramon Espinal, Juan Perez, Gretchen Newsom, Bradley Bang, Sandy Naranjo, Alicia Trevino, Ignacio Hernandez, Michelle Krug, Jose Medina, Jose Estrada, David Garcias, Alicia Sanchez, and Jose Rodriguez. ACTION: Motion by Rios, seconded by Sotelo-Solis, to appoint Jose Rodriguez to the vacancy. Motion failed by the following vote, to -wit: Ayes: Rios, Sotelo-Solis. Nays: Cano, Morrison. Abstain: None. Absent: None. Motion by Morrison, seconded by Cano, to go with the Mayor's suggestion to follow the 4 step procedure followed in 2006; to include advertising the vacancy, requiring applicants to submit a resume, Statement of Economic Interest and nomination papers with 20 valid voter signatures; and all application materials to be filed by 6 p.m. on January 22nd and interviews to take place at 6 p.m., on January 29th. Carried by the following vote, to -wit: Ayes: Cano, Morrison, Sotelo- Solis. Nays: Rios. Abstain: None. Absent: None. C. REPORTS STAFF REPORTS City Manager Leslie Deese offered her sincere congratulations on the election results for Mayor Sotelo-Solis, Councilmember Morrison, and Councilmember Rios. Staff looks forward to working with them and carrying out their policies. She acknowledged the following individuals for their hard work in helping put the program together and others who played a part: Esther Clemente, Lauren Maxilom, Leah Munoz, City staff in various departments, and audio/visual firm Accent Live, who live streamed the program. She wished everyone a happy holiday during the furlough. 62 98 of 319 Book 100 / Page 233 12-18-2018 MAYOR AND CITY COUNCIL City Clerk Michael Dalla and City Treasurer Mitch Beauchamp wished everyone a Merry Christmas. Member Cano congratulated Mayor Sotelo-Solis on her victory and accomplishment as the first Latina Mayor in National City and looks forward to working with her in achieving the needs of the community. Member Morrison congratulated everyone on the election and their new seats and looks forward to continuing to make the City better. He wished everyone a Merry Christmas. Member Rios congratulated everyone on their previous service and their current service and looks forward to working with everyone and hopes that there is more conversation moving forward so that the community knows that they are here to get work done and save money for the City. She is proud to sit on a Council with the City's first Latina Mayor. She wished everyone happy holidays. Mayor Sotelo-Solis gave a special thanks to all of the staff that helped make the program happen including elected officials, City staff and guests, and a special recognition to Lauren Maxilom and Leah Munoz. She looks forward to working closely with her re-elected and elected colleagues and wished everyone a safe furlough and happy holidays. ADJOURNMENT Motion by Sotelo-Solis, seconded by Cano, to adjourn the meeting to the next Adjourned Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday — January 22, 2019 - 6:00 p.m. - Council Chambers - National City, California. Carried by unanimous vote. Adjourned Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday — January 22, 2019 - 6:00 p.m. - Council Chambers - National City, California. Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday - February 5, 2019 - 6:00 p.m. - Council Chamber - National City, California. The meeting closed at 9:21 p.m. City Clerk The foregoing minutes were approved at the Regular Meeting of April 2, 2019. Mayor 63 99 of 319 Book 100 / Page 234 12-18-2018 City Council and Community Development Commission - Housing Authority of the City of National City Meeting Schedule for the Period January 1, 2019 through January 22, 2019: January 01 - Dispense with Meeting - 6:00 p.m. January 15 - Dispense with Meeting - 6:00 p.m. January 22 - Adjourned Regular Meeting - 6:00 p.m. In observance of the Employee Work Furlough, City Offices will be closed from Friday, December 21, 2018 through Sunday, January 6, 2019. City Offices will reopen on Monday, January 7, 2019. 64 100 of 319 CC/CDC-HA Agenda 4/2/2019 — Page 101 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. 101 of 319 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 102 of 319 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 1 103 of 319 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. 2 104 of 319 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: 3 105 of 319 (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. 4 106 of 319 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. 5 107 of 319 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;-'�, 108 of 319 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 April 2March 5, 2019, by Resolution No. 2019- . For the CITY: LESLIE DEESE City Manager EDWARD L. KREISBERG Chief Negotiator For the NCPOA: BRAD FIELDS Chief Negotiator ROMAR RAMIREZYAN STINNETT President NCPOA ROBERT J. METEAU, OMARYAN STINNETT-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 NCPOA Representative NCPOA Agreement January 1, 2019 — December 31, 2021 109 of 319 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 5154 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 110 of 319 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 111 of 319 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 112 of 319 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 113 of 319 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 114 of 319 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 115 of 319 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 116 of 319 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 117 of 319 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 118 of 319 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 119 of 319 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 120 of 319 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 121 of 319 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 122 of 319 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 123 of 319 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 124 of 319 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 125 of 319 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 126 of 319 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 127 of 319 (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 128 of 319 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 129 of 319 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 130 of 319 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 131 of 319 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 132 of 319 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 133 of 319 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 134 of 319 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 135 of 319 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 136 of 319 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 137 of 319 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 138 of 319 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 139 of 319 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 140 of 319 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 141 of 319 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 142 of 319 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 143 of 319 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 144 of 319 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 145 of 319 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 146 of 319 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 147 of 319 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 148 of 319 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 149 of 319 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 150 of 319 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 151 of 319 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 152 of 319 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 153 of 319 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 154 of 319 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 155 of 319 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 156 of 319 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 157 of 319 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 158 of 319 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 159 of 319 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 160 of 319 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 161 of 319 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 162 of 319 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 163 of 319 RESOLUTION NO. 2019 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TWO YEAR MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY AND THE NATIONAL CITY POLICE OFFICERS' ASSOCIATION (NCPOA) FOR THE PERIOD OF JANUARY 1, 2019 THROUGH DECEMBER 31, 2021 WHEREAS, the Memorandum of Understanding ("MOU") between the City of National City and the National City Police Officers' Association ("NCPOA") expired December 31, 2018; and WHEREAS, City representatives began meeting and conferring in good faith with NCPOA representatives in September, 2018 for the purpose of negotiating a successor agreement; and WHEREAS, said meet and confer was conducted pursuant to California Government Code Section 3500, et seq.; and WHEREAS, 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. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the Memorandum of Understanding between the City of National City and the National City Police Officers' Association for the period of January 1, 2019 through December 31, 2021. The Memorandum of Understanding is on file in the Office of the City Clerk. PASSED and ADOPTED this 2nd day of April, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 164 of 319 CC/CDC-HA Agenda 4/2/2019 — Page 165 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. 165 of 319 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 166 of 319 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. 167 of 319 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 ,i 'TOYOTA ESIVIC 168 of 319 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 169 of 319 .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 112ia 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 3,678.40 170 of 319 Vehicle Configuration Options ENGINE Code Description 99B ENGINE: 3,3L V6 PDFI, -Inc: auto start -stop technology and flex fuel capability (STD) TRANSMISSION Code 446 WHEELS Code TIRES iescriptlan�� TRANSMISSION: ELECTRONIC 6-SPEED AUTOMATIC, '-Inc: seiectable drive modes:- normal/tow-haul/sport (STD) Description WHEELS: 17" ILVER STEEL, (STD) Code Description "TIRES. P245/70R17 BSVV ,is, (STD) PRIMARY PAINT Cade Description .YZ OXFORD WHITE PAINT SCHEME Code Description STANDARD PAINT :SEAT TYPE Code Description ... t ,t'.4.h. . .S .�. r...... . "" • .... u. L: aNWN➢.t,,:+w» r W .•V....•.. ••..... .,, ... F . c �w.., i..... .. .AO MEDIUM.EARTH GRAY, VINYL 40/20/40 FRONT SEAT AXLE RATIO Code Description 19 3.55 AXLE RATIO, (STD) ADDITIONAL EQUIPMENT Code Description. LA. POWER EQUIPMENT GROUP, -Inc: Power Glass Sideview Mirrors w/Black Skull Caps, 85A 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, M'yKey 53A TRAILERTQV'V PACKAGE, -Inc: Towing capability up to TBD, tailgate LED, Class. IV Trailer •Hitch Receiver, towing capability up to TBD on 3.3L V6 PFD1 engine (99B) and 2.7L EcoBoost 171 of 319 engine (99P) or up to TBD on 3.5L EcoBoost engine (994), 3.5.L EcoBoost High Output engine (99G) and 5.OL 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 172 of 319 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 EcoBoost: engine (994), 3,5L 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 422 CALIFORNIA EMISSIONS SYSTEM, -Inc: Required 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 • 62.P 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 .. 173 of 319 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, 174 of 319 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 175 of 319 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 176 of 319 '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 177 of 319 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 RESOLUTION NO. 2019 — 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 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 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 WHEREAS, 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; and WHEREAS, the funding to purchase one (1) 2019 Ford F-150 (F1C) XL 2WD Reg Cab 8' Box 141" WB, Factory Order 1500 Lift Gate was approved by City Council through adoption of the FY 2019 annual budget; and WHEREAS, there is an opportunity for the City to piggyback onto Sourcewell (formerly National Joint Powers Alliance) Contract 120716-NAF with National Auto Fleet Group for the purchase 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; and WHEREAS, National City Municipal Code Section 2.60.260 provides authority to the purchasing agent to join with other public jurisdictions to take advantage of cooperative purchasing opportunities, including but not limited to any federal, state or local agency pricing program or structure that is determined by the purchasing agent to allow a procurement that is in the best interests of the City; and WHEREAS, the National City's Purchasing staff has confirmed that the Sourcewell (formerly National Joint Powers Alliance) 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. 179 of 319 Resolution No. 2019 — Page Two NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby affirms the determination that Sourcewell (formerly National Joint Powers Alliance) procurement procedures are in substantial compliance with the City's, and pursuant to Section 2.60.260 of the Municipal Code, authorizes the waiver of the bidding process to piggyback on Sourcewell (formerly National Joint Powers Alliance) Contract No. 120716-NAF with National Auto Fleet Group for the purchase 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. PASSED and ADOPTED this 2nd day of April, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones 180 of 319 CC/CDC-HA Agenda 4/2/2019 — Page 181 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. 181 of 319 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 182 of 31 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. 183 of 319 GRANTEE NAME: PROJECT TITLE', AUTHORITY: P ROO RAP& AG RE MENT NUMBER: TERM OF LAND TENURE: State ,of California Natwail :Resources' Agency — GRANT AGREEMENT City of National City Pam:dIsc Creek Educationall Pork (fonnerly Hoover Avenue ParldParecllse Crook Walk). Safe -Drinking Water,, Water Melly end !Supply, Flood Control, Ryer ;end .00estal Protection Act of 2006 (Prop 84) Urban Greening Project Grants U591,40-0 20 yearn .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 DESCRIPTiON:: 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 .of and Incorporated intothe-Agroernont 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., .0540.60151401-2010-te . 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, River ond Coastal. Pretecti9n 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 cvallable!fer this -encumbrance fre A-Ir. EOF ACC NTING OF DATE Sr•Inail 184 of 319 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 dotaited 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 .1 185 of 319 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 order 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 Egli/MCI. 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 es 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 rsard Ago sorer uoratraa.�acirta 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 "Grtasrri r>c ,' means an amlffofint who has aF> s:si r ed agreement for Grant Funds. 11. The term 'interl relatierti'" mares nurieltor«servlrrg amenities that 4101111TrUNCEite, the significance and value of eiaai aryl, historical! and.cultural resources in a manner r' er that Increases. 'the understanding and opponent dthese tr ees, 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�1eibs''the urban reerrnin : I aject l nrnti the Agreement. I!& The term "Pay ient Request 1-orrri" meow Form RA2'12„ 14. The term "Pi act"' means the Acquisition or Development activity described Ers the. application a rr'lo dified by Euctniblt.A to he accomplished with Grant Funds, Page 2 186 of 319 AtJrrrnerrrertt I4l;:L 1158140,4 15. The term "Project Budge rein the tat et prvi r d r st a: stirn ntrni iirrclude.d as Exhibit A to this Agreement„ 16 The tern" "Pre € Scope moo •the descriptions crr" activity for .Work to, be accompliShed by the Urban Greening Project. 11. The term "'State" moans the Secretary for Natural Resources or Whr r representatives, or other puullticei subdivision of the State, B. Project Execution 1. Subject to Ilinaa ;availability of funds in the Act, the State hereby grants iota Grantee; ria sum of money (Grata Funde) not to exceed the ;ar mr u t stated on the signature page to consideration of •and! Han condition that: the sum be expended In carrfirigHout the purposes as set forth in .ltis description of .Projeot in: this Agreement and its attachments ,anal under the Terms and 'C ortditions set forth in 1h1',s ., ree,mer:& ±:. Grantee; shalt fu:rnlsh tray^ end null additional funds ilhat may bra, •rntnor ssery to con pieta the Neck Grantee > 'M rill corn Hpiate the Project in accordance iarnce Iwith.tha Project Performer* ;Period set MI on ihe, signature page, unless an extension Ines been pan forrrr ily!gr trued by the Ststa and' under the Tam am and c. ditions of this Agreement Extensions may he requested in. advance 'and will be considered by State, at its ,sale discr+etic;srn, ;trn the event circumstances beyond Ma central of the Grantee:,1 but in no :went beyond [NIey 1,2am .+1,. :Grantee shall at all 'brumes ensure; that Project compiles iles with the California 'Environmental !Quality Act (CEOA) (Public Resourrces, Coda, :Division 13, commencing with section 2103i1, et. see.„, C, •i Code Patna It irk, section ,i; OOC1 at. seq.,) and ell other environmental laws„ including but. not limited Co a i iairrinng all :necessary permits:. Grant Funds will: not be disbursed before they close. of •the period •ifor legal challengra under Grant: Funds for planning end document preparaUtion may be: ;evadable sooner if included in the grant Pooled Scope (Exhibit A) and approved by the State., C,E0A compliance shell be completed Within one (1); year from the: Grant Agreement Mart date, unless an; extension Is granted by the State. Chews to the :scope resulting from CEQA'uornplience area permitted provided the State determines that tie pet continues to meet ail objectives of the Urban Greening for Sustainable nable Corrmunities Grant I'rd ram and is 'co'risistent with tile latent cited in the ariginal Application. if c :grantees project is cdr`.arap;fmrnvecd on groundsa related to the Natural Resource Agencp CEQA determination, ni, the grantee Ached: have .the option of either: (1) reimbursing the Natural Resources Ajerncy for all Stete-reirnn:bursed pr iilminaury costs (e.g.., planning. design, ertc.), or (2) nelingUis hiisrng any plaslnling/c;tersign documents, .Inc tu!ciilrrd1 all copies„ reproductions, and variations resulting from said 'funding, without a: license to use or other iaa Main In: any form: P1r+c [ ots artist ^o{m:ply with Labor Code Section 1'771 .8 regarding the payment ;of prevailing .awages and they tabor compliance pro am as *Wined in time Labor wide Section 1'7 T1.. (ta). Grease :certifies that tile Project dies and Will continue to corny with all current laws End reguletiornsn which app +° to the P'roject, including; but not limited to,. legal requirements for :cr nslru ion orarntr retw, 'building nodes, environmental tsrwa, health: and safely codes,. and Pego 187 of 319 Agr eertaarut 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 contraaitor'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 s i ntaitien 01, Project lends by Grantee following award sit 611 not env 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 area 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 corietlrucittor1 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 lane, 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;t aa+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 �t orkti 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 .4 188 of 319 Agreement No. U59i49.0 3. Grant. Funds in this awaard have a limited period in which they must be evert rt. Grantee expenditures. funded by to Stele must occur within the t€rno frame of the Project Performance marncea 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 d by up to ten pears 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 liena(a) being increased d and those bet•rxg rfeereased. Any cumulative increase or decrease of more than ten pima a (.1 %) 'born the oritglirhaal budget ilrn 'ihe amount of at category must be ea:fa rr oved 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. Piled Administration 1., Grantee shell promptly provide Project reports ai`dfor ;p:hotcngrapini !upon request by the, State. lln any eweni Grantee shrill provide the .Stale a !report showing total final Praoject :expe nditun'+ s with the final payment r ot:grout 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. L arned 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 rral. .Grantee shall submit all documentation for Project conrupfuntion, including :a: notice of .rrar1rapletten .as. ;applicable and final reimbursement. within ninety MCI' days of Project completion. but in no -event any later than MaJJA0J1j, 5. Final payment lis 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 be9:wa n Grantee end State.. Anyr. request by tttt Grantee for ismendrrtente must be In writing stating the a ntieridmenit request and :!reason ter tII request. The e raantee Shall make :requests is €rh! ea itir`rnely manner and in: no event: less than sixty (ip) days before tha affective date of the proposed amendment. 7. Grantee must r porttrs tiaaa Slate all scum y r other funds for the Project,. E. 'Project Termination 1. Prior to the :completion of Project construction, either party may terminate this Agreernrsra by providing the clueer pnaarty with !My. Dt)) days' written notice of ;such Iearnitr:►atio , 'The, 1a.te may r<also terminate this Grant.A,greement for any newton at any time ifiit learns of ,or otherwise discovers that there 'ttt aa. violation of any state or federal law or policy by,. Grantee which affects prribrmanos !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 the ,end of the Project Performance .Perbodthe Grantee shall take ,ill 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;taie obligations ations Incurred by the Grantee a in the ;performance o1 arge 5 189 of 319 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 190 of 319 ap, :Agrorrrn° eM I. •. VS 49-0 1. :Grantee shall rtairn:taiin satisfactory Ilrrriincl'all ectiOUnitti, documents and records for the Project and to make there usnvegisbio to the State •f'or auditing at reasonable flutes, .Grantee ball oleo retain such ;ffnassndi l accounts, documents sinrid records for three (3) years. catter final pi i.ymmnit end' one CI) year following en audit Grantee agrees Pis t during regular office holm. The Slate and ilts duly authorized representatives shall have the right to inspect and :maks copies of tinny books., records or reports of tf'mss Grantee, nrntee pertaining to This Agrseimant or ilinaittlglrpl: related thereto. Grantee shall maintain and m l'te available. for inspection by the Siete accurate records of ell of its casts, disbuir sernat hibs and receipts with respect to its apctMties under 11Wn1> r , jt ttime it,. Grantee 'use applicable Gerneirally. Accepted Mosussi ntirng !Principles, [unless tltherwlsui agreed to by the Biota.. Us of Facilliites 1, The. reel pproptrrty iwlshrr:ihadilr gs,any portion: urf It or any interest In 10 may not be :scold over transferred Witfucitit the written approve) of thu State. of California, acting trough the Natured FtfileOurces Agency, or its successor, provided that stpch approval :shall not be unreasonably withheld as letter as the purposes tr which to Grant w .. awarded are maintained. 2, Grantee :shalt maintain„ operate end use the Project In :futfltimerit o .k puirpoee funded pursuant to this Gr°ant four a minimum of '1WitENr (2O) YEARS, consistent. with :the Land Tenure/Site. Control requirements Included T:rt the, Apalpl'tcat orr I ul ll lil es,. The: Grantee, or the Granteee 81a000 epair in interest rrialst: in the properly, may ass;sl f ri without neater" :the responsibility to maintain and operate the property In accordance with This requirement only with thei written approval of Ma State. Grantee may be amused from its •obligations for c,.peratlion and maintenance of the Project site :only upon this written approval of the State for good cause, •11Good c;ense' Includes, but. is iilct limited •to, tutus' disasters that: destroy the Project t Improvements and render the Project:Obsolete bsolete or impracticable to rebuild. Grantee shell use the properly for the .ourposos for Which the Grant was made and shell make no other~' use or asiale or other cillsprasl'l>Eon of the property. This Agreement shall not prevent the transfer Of the properly from the Grantee •to a Public Algericy, if the. successor Public Agency memos of . the obligations Irnrpceed by Ott Agreement. Ilt'!the use ditto property 11s changed to a use that la riot permitted by the Agnsereaartit, or if the property. its sold or:otherwise disposed of, at The Steles le's solo disci tilon, an :amoulnt equal io 1) the oimosrrnt of the Grant ai tie Fair tu1;erke11 Value of the real property„ ;perty, or ('3) the proceeds from the sale or other disposition, whichever r !lsi li sreoterr, may be rr lmburse l to the Stale, If he property soild 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 sate or oiler disposition gf the thierseit or the Fair holarket Woe of the Interest sold or otherwise disposed et: whichever Is greater,: shalt be reimbursed to tie State. 5. The Grantee shall net uee or allow the ease- of law potion of tine real properly .for mitigation without the written perait fellow of the State, The Grantee Shall riot use or allow the use of any portion of II irr real property e r s ur i t.y for any debt. Nondiscrimirraicrn 191 of 319 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 rirnrltr 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 bouts 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++eerrnent or •under provitions 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 irbournirated by reference nto this ,Afire araaent es Though sett orth it full in t is Agreerrne rit, 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 Width 11611 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 WM 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 cth 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 shalt 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 iuithorlityr., 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 8 192 of 319 A veer rent No. !t118914 -!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 of rea raltrt rar tees letter of appeal,. preview the issues raised end el+isadl render a written decision tEr the Grantee, `I'hc decision of 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 1for three i years 'brewing the Mina' payment of Grant FL ds. "I"t audit Malt include' aril hooks papers, r ce anfs, dieeumeirais, or other records. of the Cr nlie s as they relate to: The Project ler which the 'Grant 'Funds were vented. nbr d. Page 193 of 319 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'? 194 of 319 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'!lritprotEeffiettlr., '1€�rtii Pabbe#s),_wwww „..._ c; Outreach . W .w .,,,,_.w,..-_ M .. ibtotal"6`mjks. $1 c t j (not 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 & Mo Mobilization., w� ,ww,.w�.,, . www 1221rrg .1+ fubliing w, Grading ,,. ,....,>_...rw e, ww Yl l m ,� M �.,.. _ ,M aawr+• ,w . aM 'IFa t+Wi i (tttion. B6sin� w � __ �u 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 4Silo 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 .. . rmt71`fiN�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 ta^arari rill:tit" ent a "view at.lta Own eargmarirrso ' t° nitr alined proJect-releteri monsprnentt J laorted by d i?laalad iliTme dole will los eligible ror• 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 2110400 .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 195 of 319 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: 196 of 319 EXHIBIT "A" Legal Description MOUGA PARADISE CREEK PARK Portions of Blocks 45, 46, and 84, together with portions of 19`h Street, 20th Street, Coolidge Avenue, Hoover Avenue and portions of the alleys within said Blocks, all 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 215E 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 20`h 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 20`h 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° 11' 18" East 123.81 feet; Thence South 19°53'27" West 149.39 feet to a point on the centerline of20`h Street; Thence along said centerline North 72° 14'26" East 115.26 feet; Thence leaving said centerline 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 to a point on the centerline of 191h Street; Thence along said centerline South 72°15'28" West 25.42 feet; Thence leaving said centerline North 20°52'00" East 132.80 feet to a point in the westerly line of the alley in. said Block 46; Thence along said westerly line North 17°46'09" West 86.22 feet to a point on the southerly line of Lot 4 of said Block 46; 197 of 319 Thence along said southerly line and its extension South 72°14'48" West 195.00 feet to a point on the westerly line of Hoover Avenue; Thence along said westerly line South 17°46'09" East 189.96 feet to a point on the centerline of 19th Street; Thence along said centerline South 72°15'30" West 290.00 feet to a point on the centerline of Coolidge Avenue; Thence along said centerline South 17°46'09" East 140.00 feet to the TRUE POINT OF BEGINNING. 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. A/ 3/i/f9 Peter C. Golding, PLS 4768 License Expires: 3-31-20 198 of 319 THIS PLAT WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT ON MARCH 21, 2019. c;/2 PETER C. GOLDING i97H Sr. th//r9 L.S. 4768 I aBLK 1-10 1�l N7275'28"E 145.02' I 3Li� 109 ~BI tS 1 N1744'32"W -F C ' 99��8' 150.37'� N7273'55"E L3 143.03'L2 20TH ST. PTT�� O 1 BL rS 149 I,d`Oo - a 5N 0 55'49 "E(R) z NO3'17'35'E( 21ST ST. 1 Li CI L o �0 Z / / / / 01 CO ZII / V V o a, 1 / FOUND LEAD & TAG STAMPED - 1 / "SD CITY ENG" PT 1278 11 P.O.C. N �, 8 ROS , 286.85 E=6,298,041.27 EXHIBIT T.P.O.B. 22ND ST. FOUND 2 1/2" BRASS DISC IN WELL STAMPED "RCE 27399" PT 1232 PER ROS 14492. N=1, 824, 035.47 E=6, 298,132.69 - o Q. 18TH ST BLK BLK 46 B L K �f 3 g mI TOTAL PARCEL AREA PARCEL 1 AREA = 2.48 ACRES SCALE 1"=200' N V 5 15092 AVENUE OF SCIENCE, SUITE 200 SAN DIEGO, CA 92128 P: 858.385.0500 WWW.NV5.COM MOUGA PARADISE CREEK PARK NATIONAL CITY SHEET NUMBER 1 OF 2 SHEETS PREPARED FOR NATIONAL CITY DATE SUBMITTED: 3-21-19 JOB NUMBER 226817-0000241.03 NI: \226817-0000241-03\CADD\SURVEY\241_03_MOUGA_PLAT.DWG 199 of 319 SCALE 1 "=80' 19771 ST T P.O,B.' 20771 sr. L4 s • +" N. - Lk BL K 83 S72 °15 30 "W 290.00' PARCEL 1 NATIONAL CITY MOUGA PARADISE CREEK PARK MAP 348 BL'r< 84 115.26' N72 °14 26 "E oi 1 0 L o T 4 572°14'48"W 195.00' r Curve # Delta Radius Length Cl 21 03'09 " 36.00 13.23 C2 132 21 '46" 84.00 194.05 C3 21 °17'2 3" 36.00 1338 LO r 6 SLU< 46 L7 r N20 52'00"E 132.80' N37 25'28 "E 70.03' E L'r< �.Ir J LINE BEARING LENGTH Li N72°14 26"E 86.05 L2 N1744'32"W 40 00 L3 N72'13'55'E 2.00 L4 N727921"E 7.42 L5 N19 44'16'E 52.25 L6 N2336'04"E 37.08 L7 57275'28"W 25.42 N V 5 15092 AVENUE OF SCIENCE, SUITE 200 SAN DIEGO, CA 92128 P: 858.385.0500 WWW.NV5,COM MOUGA PARADISE CREEK PARK NATIONAL CITY SHEET NUMBER 2 OF 2 SHEETS PREPARED FOR: NATIONAL CITY DATE SUBMITTED: 3-21-19 JOB NUMBER 226817-000024-1.03 N: \225817--0000241--03\CADD\SURVEY\241 __03_MOUGA_PLAT.DWG 200 of 319 RESOLUTION NO. 2019 — 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 WHEREAS, on November 5, 2013, per City Council Resolution No. 2013-168, the 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 upon award; and WHEREAS, 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; and WHEREAS, on September 20, 2016, per City Council Resolution No. 2016-147, City Council awarded a contract to C.S. Legacy, Inc. for construction and the project was completed consistent with grant requirements and the Notice of Completion was signed by the Mayor on August 25, 2017; and WHEREAS, 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 and 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; and WHEREAS, 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. 201 of 319 Resolution No. 2019 — Page Two NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the adoption of a 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 and authorizes the City Manager to execute said Memorandum of Unrecorded Grant Agreement/Deed Restrictions. PASSED and ADOPTED this 2nd day of April, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones 202 of 319 CC/CDC-HA Agenda 4/2/2019 — Page 203 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City adopting City Council Policy #104 - Rules of Procedure and Order for City Council Meetings. (City Manager) Please scroll down to view the backup material. 203 of 319 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 2, 2019 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council adopting City Council Policy #104 — Rules of Procedure and Order for City Council Meetings PREPARED BY: Leslie Deese, City Manager DEPARTMENT: City Manager PHONE: 619.336.4242 APPROVED BY: <a" , EXPLANATION: On March 19, 2019, the City Council considered draft Council Policy #104 — Rules of Procedure and Order for City Council Meetings. After discussing the item, the Council approved the policy with minor changes and directed staff to bring back a resolution adopting said policy. Policy changes include: correcting the adjournment time to 10:30pm (page 11, VII-P), and adding language specific to Councilmembers not using aliases or having fake profiles on social networking sites (Social Media, page 21, paragraph 5). FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. City Council Policy #104 — Rules of Procedure and Order for City Council Meetings 1 204 of 319 City of National City City Council Policy #104 Rules of Procedure and Order for City Council Meetings Adopted: December 13, 1983 Amended: April 2, 2019 205 of 319 Table of Contents I. PURPOSE 1 II. RESPONSIBILITIES 1 A. Responsibilities of Presiding Officer/Mayor 1 B. Responsibilities of Vice Mayor 2 C. Responsibilities of City Council 2 D. Responsibilities of City Clerk 2 E. Responsibilities of City Manager 2 F. Responsibilities of City Attorney 3 III. MEETINGS 3 A. Regular Meeting 3 B. Adjourned Meeting 3 C. Special Meeting ... 3 D. Emergency Meeting 3 E. Recessed Meeting 3 F. Closed Session Meeting 3 G. Quorum 4 H. City Council Recess Periods 4 I. Cancellation of Meetings 4 J. Location of Meetings 4 K. Holidays or Elections 4 L. Adjournment 5 M. Taping or Broadcasting 5 N. Teleconferencing 5 0. Agenda Exception 5 P. Comfort Breaks 5 Q. Use of Personal Electronic Devices 5 R. Translation Services 5 S. Compliance with Brown Act 5 IV. REMOTE ACCESS TO MEETINGS 6 A. Internet Broadcast 6 B. E-Notification 6 V. PUBLIC ASSISTANCE & ACCOMMODATIONS 6 VI. PUBLIC MEETING COMMUNICATION 6 A. Communications between City Councilmembers 6 B. Email Communications between Councilmembers 6 C. Communication with Persons Addressing the City Council 7 206 of 319 VII. AGENDA SEQUENCE AND ORDER OF BUSINESS 9 A. Call to Order 9 B. Roll Call 9 C. Pledge of Allegiance 9 D. Public Comments 9 E. Proclamations & Certificates 10 F. Awards & Recognitions 10 G. Presentations 10 H. Interviews & Appointments 10 I. Consent Calendar 10 J. Public Hearings: Ordinances & Resolutions 10 K. Non -Consent Resolutions 10 L. New Business 10 M. Staff Reports 10 N. Mayor & City Council Reports 10 0. Closed Session Report 11 P. Adjournment 11 VIII. AGENDA PROCESS 11 A. Preparation, Distribution & Posting 11 B. City Council Request to Place Items on Future Agenda 12 IX. VOTING 12 A. Obtaining the Floor 12 B. Voting Procedure 13 C. Disqualification for Conflict of Interest 13 D. Failure to Vote 13 E. Tie Vote 13 F. Changing Vote 13 G. Reconsideration 13 H. Point of Order 13 I. Continuation of Discussion or Hearings 14 J. Rosenberg's Rules of Order 14 K. Disclosure of Ex Parte Contacts 14 X. MOTIONS 14 A. Procedure for Motions 14 B. Amendments to Motions 15 XI. PUBLIC HEARINGS/ORDINANCES & RESOLUTIONS 15 XII. MEETING DECORUM & CONDUCT 16 A. Conduct 17 B. Authorized & Designated Areas 17 C. Signs, Objects or Symbolic Material 17 D. Service Animals 18 207 of 319 E. Photography/Videography 18 F. Cellular & Electronic Devices 18 XIII. ENFORCEMENT 18 A. Sergeant -at -Arms 18 B. Violations 18 XIV. PROCEDURAL MATTERS 19 A. City Council Seating Arrangement 19 B. Signing of Meeting Documents 19 C. Copy of Recordings 19 D. Ceremonial Matters 19 E. Proclamations 20 XV. SOCIAL MEDIA 20 XVI. POLICY INTERPRETATION & APPLICABILITY 21 XVII. DEFINITIONS 21 XVIII. RELATED POLICY REFERENCES 24 208 of 319 I. PURPOSE The purpose of this Policy is to establish Rules of Procedure and Order for City officials, staff and members of the public at all meetings of the City Council to ensure that the business of the City is attended to in an open and orderly manner and in an environment safe for all persons in attendance. The policy establishes and delineates general meeting rules, roles and responsibilities, to allow for an orderly meeting where all individuals can exercise their Constitutional rights. All meetings of the City Council will be conducted under Rosenberg's Rules of Order. In addition, such meetings will be governed in accordance with the Ralph M. Brown Act (Gov. Code § 54950, hereinafter "the Brown Act") and other applicable State laws. Any question about proper procedure will be immediately referred to the City Clerk as parliamentarian. This policy applies to all persons attending public meetings in the City Council Chambers or any other location where a meeting subject to this policy takes place. In the event of any inconsistency between this policy and State law or regulation, State law or regulation shall apply. II. RESPONSIBILITIES It is important to recognize that the City Council acts as a legislative body. No member has extraordinary powers beyond those of other members. While the Mayor and Vice Mayor may have additional ceremonial and administrative responsibilities, in the establishment of policies, voting and in other significant areas, all members are equal. Policy is established and direction is given to City staff by a majority vote of the Council. While individual Councilmembers may disagree with decisions of the majority, a decision of the majority binds the Council to a course of action and provides staff with direction to follow. In turn, it is staff's responsibility to ensure the policy of the Council is implemented and upheld consistent with the wishes of the majority. Implementation of Council policy by staff does not reflect a bias against Councilmembers who held a minority opinion on an issue. A. Responsibilities of Presiding Officer/Mayor: The Presiding Officer of the City Council, shall be the Mayor, or in the Mayor's absence the Vice Mayor, or in both of their absence any other member designated by the City Council. It shall be the duty of the Presiding Officer to ensure that the Rules of Procedure and Order contained herein are observed. The Presiding Officer shall maintain control of communication between Councilmembers and between the Council, staff, and members of the public. The Presiding Officer may make and second motions. 1 209 of 319 B. Responsibilities of Vice Mayor: In the absence of the Mayor from the City or a Council meeting, the Vice Mayor shall possess all the powers of the office of the Mayor, and be subject to all prescribed duties for that office. C. Responsibilities of City Council: 1. Members of the City Council shall review all meeting materials in preparation for Council meetings and be prepared to discuss the agenda. 2. Members of the City Council shall arrive on time for all Council meetings. 3. Members of the City Council shall conduct themselves in an orderly, professional and businesslike manner to ensure that the business of the City shall be attended to efficiently and thoroughly and to ensure that the integrity of the deliberative process of the City Council is maintained at all times. 4. Members of the City Council shall maintain a polite, respectful and courteous manner when addressing one another, City staff, and members of the public during City Council meetings. 5. As a courtesy, members of the City Council shall report upcoming absences or out of town trips to the City Manager as soon as possible to ensure that any necessary adjustments to the agenda may be made, and to ensure a quorum. D. Responsibilities of City Clerk: 1. The City Clerk shall serve as the Parliamentarian for the City Council meetings to advise the Presiding Officer. Within the limitations imposed by Rosenberg's Rules of Order, the Presiding Officer has the authority to determine proper parliamentary procedure. 2. The City Clerk shall call and record roll call votes; and shall read ordinance titles and agenda items as requested by the Presiding Officer. 3. The City Clerk shall keep minutes of the open meeting in accordance with City Council Policy No. 106, and disposition of video recordings of those proceedings. E. Responsibilities of City Manager: 1. The City Manager's duties during City Council meetings include keeping a record of concerns raised by the City Council regarding direction for future staff action and facilitating the orderly presentation of staff reports. 2 210 of 319 F. Responsibilities of City Attorney: 1. The City Attorney's duties during City Council meetings is to consult with Council on items of concern on the agenda and to pro -actively inform and protect Councilmembers from potential violations and conflicts of law. III. MEETINGS A. Regular Meeting: The City Council shall hold regular meetings on the first and third Tuesday of each month. The meetings shall be held in the Council Chambers of City Hall, 1243 National City Boulevard in the City of National City. The regular meeting shall begin at 6:00 p.m., or as otherwise scheduled due to the demand of business or for closed session. B. Adjourned Meeting: The City Council may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment. If a quorum is not present, less than a quorum may so adjourn. C. Special Meeting: A special meeting may be called at any time by the Mayor whenever the public business may require it or upon direction by a majority of the City Council. The call and notice shall be posted at least twenty-four (24) hours prior to the special meeting in a location that is accessible to members of the public. D. Emergency Meeting: Pursuant to the Government Code, the twenty-four (24) hour notice and posting requirements for a special meeting may be dispensed with under the following emergency conditions: work stoppage, crippling activity, or other activity that severely impairs public health, safety, or both, as determined by a majority of the members of the legislative body, except in the case of a dire emergency. E. Recessed Meeting: Pursuant to the Government Code, a meeting of the City Council may recess to the following regular business day if the action is taken in good faith and not to circumvent the requirements of the Brown Act. The meeting may not be recessed to another day after that unless it is posted in accordance with the Brown Act. F. Closed Session Meeting: The City Council may hold closed sessions during a regular or special meeting, or at any time otherwise authorized by law, to consider or hear any matter which is authorized to be heard or considered in closed session in accordance with State law. If a closed session is included on the agenda, the description of the item need only identify the statutory basis for the closed session, and need not include the specific topic which is the subject of the closed session, unless otherwise required by law. For each closed session, the body must orally announce the subject matter of the closed session. If final action is taken in closed session, the body generally must report the action at the conclusion of the closed session. 3 211 of 319 No minutes of the proceedings of the City Council during closed session are required. There shall be no closed session during any special emergency meeting. No person present in a closed session shall disclose, outside of the closed session, any information revealed in such closed session, without the prior authorization of a majority of the City Council. Any violation of this policy may be enforced by one or more of the actions delineated in City Council Policy No. 113. G. Quorum: A quorum at any meeting of the City Council will be established by the presence of three (3) members of the City Council. The Mayor shall count as a Councilmember for the establishment of a quorum. H. City Council Recess Periods: The City Council has traditionally observed a recess period during the summer to provide elected officials and staff an opportunity to catch up on work, reenergize after a lengthy budget and strategic planning process, and prepare for the start of a new fiscal year. For purposes of this policy, a recess period is defined as a period of time longer than thirteen (13) days without a regular or special meeting of the Council. During any recess period, the City Manager is authorized to take such ministerial actions on matters of operational urgency as would normally be taken by the Council during the recess except for those duties specifically reserved to the Council by Government Code, and including such emergency actions as are necessary for the immediate preservation of the public peace, health or safety. The City Manager shall make a full and complete report to the Council at its first regularly scheduled meeting following the recess of actions taken by the City Manager pursuant to this section, at which time the City Council may make such findings as may be required and confirm said actions of the City Manager. I. Cancellation of Meetings: Any meeting of the City Council may be cancelled in advance by a majority vote of the Council. In the event that the Mayor and/or Vice Mayor are unable to cancel a meeting, in the case of an emergency the City Manager is authorized to cancel such meeting. J. Location of Meeting: Regular meetings of the City Council shall be held in the Council Chambers unless appropriate notice is given pursuant to and the location of the meeting is in accordance with the Brown Act. The City Council may hold a special meeting at another location within the City, or locations outside the jurisdiction of the City, provided appropriate notice is given pursuant to and the location of the meeting is in accordance with the Brown Act. K. Holidays or Elections: In the event that the regular meeting of the City Council falls on a legal holiday, or an election day on which a National City candidate or National City measure appears on the ballot, no meeting will be held on such day. Any regular 4 212 of 319 meeting may be dispensed with by a majority vote of the City Council. L. Adjournment: It is the policy of the City Council that that all evening meetings of the City Council, including special meetings and workshops, be adjourned no later than 10:30 p.m., which time is referred to as the normal time of adjournment. The meeting shall be extended no more than once and subsequently may be adjourned to a later date. No new item of business shall be taken up by the Council after the normal time unless the Council has determined by a super -majority vote to set aside this policy. In the event the entire agenda cannot be completed by the normal time of adjournment, the Council may take up and act upon the more pressing agenda items. All agenda items not considered at the meeting shall be on the agenda of the next regular, special, or adjourned regular meeting unless the Council directs otherwise. M. Taping or Broadcasting: Meetings may be broadcast, audio -recorded, video -recorded or "live" streamed so long as the activity does not constitute a disruption of the proceeding. N. Teleconferencing: Teleconferencing shall be allowed as per Government Code. Teleconference meetings may be held under carefully defined conditions. The meeting notice must specifically identify all teleconference locations, and each such location must be fully accessible to members of the public. 0. Agenda Exception: Special procedures permit a body to proceed without an agenda in the case of emergency circumstances, or where a need for immediate action came to the attention of the body after posting of the agenda. (Reference Section VIII, A.5 — Non -Agenda Items Requiring Immediate Action) P. Comfort Breaks: It is the policy of the City Council that the Presiding Officer will call comfort breaks of 5-10 minutes when a meeting is expected to last more than two hours. While it is not possible to predict the duration of a meeting, scheduled breaks allow participants to not miss any part of the meeting and help stay alert and maintain a high level of concentration and participation. Q. Use of Personal Electronic Devices: The use of personal electronic devices on the dais shall be limited to official agenda -related tasks and emergency notifications. If, in the opinion of the Presiding Officer, a Councilmember's use of an electronic device is disruptive to Council deliberations or disrespectful to the public, the Presiding Officer may request that the Councilmember cease his or her use of such device. R. Translation Services: Simultaneous Spanish interpreting services are provided at City Council meetings, through the use of headsets. An interpreter is also available to interpret for speakers who wish to address the Council. S. Compliance with Brown Act: All regular, special and adjourned meetings of the City Council shall be called, noticed and conducted in compliance with the Brown Act. 5 213 of 319 IV. REMOTE ACCESS TO MEETINGS A. Internet Broadcast: "Live" streaming video of City Council meetings is available at www.nationalcitvca.gov. Archived meetings are also available online. B. E-Notification: Individuals may sign up via the City's website to receive email notifications of published City Council and board and commission meeting agendas, City news, special events and more. V. PUBLIC ASSISTANCE & ACCOMMODATIONS Upon request, the City Council agenda and backup materials will be made available in alternative formats. Any person who requires a disability -related modification or accommodation, including auxiliary aids or services, to participate in the public meeting, may request a modification, accommodation, aid, or service by contacting the City Clerk's Office either in person or by telephone no later than 10:00 a.m. on the day preceding the scheduled meeting. VI. PUBLIC MEETING COMMUNICATIONS A. Communications between City Councilmembers: 1. Councilmembers wishing to speak should request the floor by being recognized by the Presiding Officer before speaking. The Presiding Officer must recognize any Councilmember who seeks the floor when appropriately entitled to address the City Council. 2. No Councilmember shall speak again until all Councilmembers have had the opportunity to speak. 3. Councilmembers shall remember that the purpose of the Council meeting is to conduct the business of the City. Councilmembers shall avoid repetition and shall limit their comments to the subject matter at hand. Councilmembers shall endeavor to express their views without engaging in unnecessarily lengthy debates. 4. When one Councilmember is speaking, other Councilmembers shall not interrupt, disrupt or disturb the speaker. During questions and deliberations, the Presiding Officer may vary the speaking sequence of Councilmembers from item to item. B. Email Communications between City Councilmembers: Because email communications can ultimately lead to the exchange of information intended to, or which may, create collective concurrence among a quorum of Councilmembers, e-mail communications between Councilmembers relative to Council business should be avoided at all times. 6 214 of 319 C. Communications with Persons Addressing the City Council: Members of the public may address the City Council during the Public Comment period and/or prior to the consideration of any agenda item. Persons shall address the City Council as a whole and shall not engage in a dialogue with individual Councilmembers, staff, or with other members of the audience. Any person wishing to speak, whether during the Public Comment period or on an agenda item, is requested to complete a "Request to Speak" form and submit the form to the City Clerk prior to the calling to order of the meeting or as soon thereafter as possible. Filling out a speaker slip is not required to participate. All those addressing the Council shall do so from the podium. The City Council may not prohibit public criticism of the City in general, City staff, or members of the City Council, its policies, procedures, programs, or services of an agency or its acts or omissions. A speaker may not be stopped from speaking because either the Presiding Officer or Councilmembers disagree with the viewpoint being expressed. 1. Translation Services: The City strives to provide simultaneous Spanish interpreting services at all regular City Council meetings, through the use of headsets. An interpreter is also available to interpret for speakers who wish to address the Council. 2. Public Comment (Non -agenda): At all regular City Council meetings, speakers shall have the right to address the City Council on any matter within the elected body's jurisdiction, subject to a three (3) minute time limit or less, depending on the number of speakers. The Council may listen to the speaker's comments, but cannot discuss or take action on communications not on the agenda. Non -agenda Public Comment may be referred to the City Manager for administrative action or placement on a subsequent agenda, with a majority vote of the Council. a. At each regular Council meeting, up to 30 minutes shall be reserved for Public Comment. b. The City Clerk will review the speaker slips and inform the Presiding Officer of the number of slips. If the number of speakers, at three (3) minutes each, exceeds the 30-minute allotted time for Public Comment, the Presiding Officer may reduce the time allotted to each speaker, extend Public Comment time, or continue remaining speakers to the end of the meeting. c. Donations of time from one speaker to another will not be permitted. 7 215 of 319 d. The Presiding Officer shall have the authority to reduce equally each speaker's time to accommodate a larger number of speakers. e. Speaker slips for Public Comment will be accepted by the City Clerk in the Council Chambers no earlier than 15 minutes before the meeting and up until the Public Comment portion of the agenda is finished. f. In order to ensure that non-English speakers receive the same opportunity to directly address the City Council, any member of the public who utilizes a translator shall be provided at least twice the allotted time to address the Council, unless simultaneous translation equipment is used to allow the Council to hear the translated public testimony simultaneously. (Government Code 54954.3) g• Remarks shall be addressed to the City Council as a body. h. If there is a group representing a common position, designation of a spokesperson is encouraged. The Presiding Officer may allot a mixed amount of time for presentations of this nature. 3. Public Comment (Agenda Items): Speakers shall have the right to address the City Council on items which appear on the agenda, subject to the 3-minute time limit. a. Donations of time from one speaker to another will not be permitted. b. The Presiding Officer shall have the authority to reduce equally each speaker's time to accommodate a larger number of speakers, or to limit the total speakers' time on an agenda item. c. Speaker slips for agenda items will be accepted by the City Clerk in the Council Chambers no earlier than 15 minutes before the meeting and up until the public testimony on the item is finished. Included on the speaker slip shall be the option for the individual to register support or opposition but do not wish to speak (individual must be present). d. Remarks shall be addressed to the City Council as a body and not to any member of the City Council, staff or the public. No questions shall be asked of an individual member of the City Council, staff or the public. The Presiding Officer may limit interaction between Councilmembers and public speakers to questions of clarification. 8 216 of 319 e. If there is a group representing a common position, designation of a spokesperson is encouraged. The Presiding Officer may allot a mixed amount of time for presentations of this nature. f. In order to ensure that non-English speakers receive the same opportunity to directly address the City Council, any member of the public who utilizes a translator shall be provided at least twice the allotted time to address the Council, unless simultaneous translation equipment is used to allow the Council to hear the translated public testimony simultaneously. (Government Code 54954.3) 4. Presentations to City Council: Any information presented to the City Council for its consideration in formats such as PowerPoint, Video VHS, or DVD must be submitted to the City Clerk's office no later than the Wednesday immediately prior to the Council meeting in order to have the presentation facilitated for Council viewing and broadcast. If presentations are submitted after that deadline, it will not be possible for them to be played or displayed during the meeting, although ten (10) hard copies may be submitted to the City Clerk for distribution to the Council. Documents and presentations displayed during the Council meeting shall become a public record and must be submitted to the City Clerk for retention. VII. AGENDA SEQUENCE AND ORDER OF BUSINESS Generally, the agenda sequence and order of business at regularly scheduled meetings of the City Council shall be as follows, unless otherwise reordered by the Presiding Officer with the consensus of the City Council. A. Call to Order: The Presiding Officer officially calls the meeting to order. B. Roll Call: Before the City Council shall proceed with the business of the Council, the City Clerk shall call the roll of the members and the names of those present shall be entered in the minutes. The later arrival of any absentee shall also be entered in the minutes. C. Pledge of Allegiance: Each agenda of a regularly scheduled Council meeting shall provide an item for the recital of the "Pledge of Allegiance" to both the United States flag and the California flag. D. Public Comments: Speakers shall have the right to address the City Council on any matter within the elected body's jurisdiction, subject to a 3-minute time limit or less, depending on the number of speakers. The City Council may listen to the speaker's comments, but cannot discuss or take action on communications not on the agenda. Non -agenda public comment may be referred to the City Manager for administrative action or placement on a subsequent agenda. 9 217 of 319 E. Proclamations and Certificates: The agenda shall provide a time when proclamations directing attention to a person, organization or event may be presented. Proclamations will be issued subject to Section XIV, E — Proclamations. F. Awards and Recognitions: The agenda shall provide a time when recognitions may be presented. G. Presentations: The Presentations section of the agenda is for the purpose of allowing a brief (5 to 10 minutes each) opportunity at the beginning of a Council meeting for Council to receive information from outside agencies or City staff. It is not meant for a topic that would require lengthy deliberation, debate, or action. Items may be placed on the Presentation section of the agenda at the request of the City Council or City staff with the City Manager's concurrence. Approval to place a presentation on the agenda that has been requested by a community member must be obtained through the City Manager's Office. H. Interviews and Appointments: The agenda shall provide a time for the City Council to interview and/or appoint members of the City Council or the public to City and/or external boards, commissions and committees. I. Consent Calendar: Items of a routine or generally uncontested nature may be approved by the Council in a single motion by adoption of the Consent Calendar. The approval of the Consent Calendar shall signify the approval of each matter or recommendation included therein. Upon request of any Councilmember, staff, or public made through the Presiding Officer, an item may be removed from the Consent Calendar for separate discussion and/or action. Each item proposed for consideration as part of the Consent Calendar shall be described on the agenda posted for the meeting. J. Public Hearings: Ordinances & Resolutions: This portion of the meeting allows for a noticed public session to receive original evidence or testimony on applications regulated by this title. Scheduled public hearings shall be commenced at 6:00 p.m. or as soon thereafter as possible. (Reference Section XI, Public Hearings) K. Non -Consent Resolutions: Items generally of a non -routine nature for City Council discussion and/or action. L. New Business: This portion of the meeting is devoted to discussion or consideration of items of business that have or have not previously been before the City Council. M. Staff Reports: This portion of the meeting provides the City Manager and staff the opportunity to give general comments, updates, and announcements. N. Mayor and City Council Reports: This portion of the meeting provides the City Council the opportunity to give general comments, announcements, or informational reports on 10 218 of 319 any item not on the agenda. These matters may not be discussed or deliberated. This is also the portion of the meeting for a Councilmember who is seeking to place an item on a future meeting agenda to make their request (Reference Section VIII-B, City Council Requests to Place Items on Future Agenda). O. Closed Session Report: At an Open Session following a Closed Session, the body must report on final action taken in Closed Session under specified circumstances. P. Adjournment: It is the policy of the City Council that that all evening meetings of the City Council, including special meetings and workshops, be adjourned no later than 10:30 p.m., which time is referred to as the normal time of adjournment. VIII. AGENDA PROCESS In order for both the City Council and City staff to be adequately prepared to discuss City business during Council meetings, items for discussion shall be placed on the agenda in accordance with established Council agenda deadlines and in compliance with the Brown Act. Generally, items not on the agenda cannot be discussed or considered during a Council meeting. This section of the policy discusses the limits upon non -agenda items and how to place those items onto the agenda, agenda setting, preparation and distribution, and the process by which Councilmembers request to place items on a future agenda. A. Preparation, Distribution and Posting 1. Agenda Items: In conjunction with City staff, the City Manager shall have the primary responsibility for preparing the City Council agenda and placing matters on the agenda in accordance with identified City needs and scheduling. a. In the event an item is brought to the attention of the City Manager that requires immediate City Council attention after the agenda setting meeting and before the agenda is distributed, the City Manager will determine the need for the item to be added to the agenda. b. With regard to items directed by the City Council made during the regular City Council meeting, such items will be scheduled for the next Council meeting whenever possible. If an item requires additional staff work that cannot be completed in that time frame, the City Manager will advise the Council when staff anticipates the item will be scheduled for Council action. 2. Agenda Review Meeting: Prior to release and posting of a final City Council agenda, an agenda review meeting shall be held by the City Manager with the City Attorney and the Mayor, or another member of the City Council designated by the Mayor, to serve in his/her absence. The proposed agenda shall be reviewed at this meeting. 11 219 of 319 3. Agenda Preparation: Not later than the Thursday prior to the City Council meeting, the City Manager is responsible for preparing the agenda packet, which shall include the agenda plus all its corresponding duplicated agenda items. No item shall be considered if not included in the packet, except that a correction or supplement to an item already included in the packet may be considered in accordance with the Brown Act. 4. Agenda Distribution and Posting: Not later than the Thursday prior to the City Council meeting, the City Manager is responsible for distributing the agenda packet to each member of the City Council. Staff shall post each agenda at least 72-hours in advance of the meeting and shall post each agenda of a special meeting at least 24- hours in advance of the meeting on the official bulletin boards at City Hall, Police Department, Library and on the City's website. 5. Non -Agenda Items Requiring Immediate Action: Matters requiring City Council action must be placed onto a Council Agenda in a timely manner in order for Council to consider the matter. In accordance with the Brown Act, off -agenda items requiring Council approval will not be considered by the City Council except under the following two circumstances: a. An emergency situation exists, as defined in the Government Code; or, b. The City Council determines by a two-thirds (2/3's) vote, or by a unanimous vote if less than two-thirds of the Council is present, that: • There is a need for immediate action, and • The need to take action on the item arose after the posting of the agenda. If the Council finds that the need to take action arose subsequent to the agenda posting, pursuant to the criteria above, it shall make those findings by separate motion, including the factual reasons supporting the findings. The findings shall be reflected in the Council minutes. B. City Council Requests to Place Items on Future Agenda: A Councilmember seeking to place an item on a future agenda shall make such request under the "Mayor and City Council Comment" portion of the agenda; such request requires a majority vote of the Council. IX. VOTING A. Obtaining the Floor: Any Councilmember wishing to speak must first obtain the floor by being recognized by the Presiding Officer. The Presiding Officer must recognize any Councilmember who seeks the floor when appropriately entitled to do so. 12 220 of 319 B. Voting Procedure: Any vote of the City Council, including a roll call vote, may be registered by the members by answering "Yes" for an affirmative vote, "Abstain" for an abstention, or "No" for a negative vote upon the member's name being called by the City Clerk; or an electronic vote may be registered by pressing the Councilmember button for an affirmative vote, an abstention, or a negative vote, upon a vote being called for by the Presiding Officer. Following the vote, the City Clerk shall audibly announce the results of the vote by name indicating whether the question carried or was defeated. The same shall be recorded in the minutes as the vote. The Presiding Officer in his or her discretion may publicly explain the effect of a vote for the audience, or may direct a member of the staff to do so before proceeding to the next item of business. C. Disqualification for Conflict of Interest: Any Councilmember who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Presiding Officer state, the nature of such disqualification in open meeting. Where no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the Councilmember affected, be decided by the other Councilmembers. A Councilmember who is disqualified by reason of a conflict of interest in any matter shall not remain in his or her seat during the debate and vote on such matter, but shall request and be given the permission by the Presiding Officer to step down from the Council dais. A Councilmember stating such disqualification shall not be counted as a part of a quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter. D. Failure to Vote: Every Councilmember should vote unless disqualified by reason of a conflict. The vote of a Councilmember who abstains absent a disqualifying conflict of interest shall be counted with the majority vote of the quorum on the question voted upon. E. Tie Vote: Tie votes shall be lost motions and may be reconsidered. F. Changing Vote: A Councilmember may change his or her vote only if he or she makes a timely request to do so immediately following the announcement of the vote by the City Clerk and prior to the time that the next item in the order of business is taken up. G. Reconsideration: A motion to reconsider the vote on any action taken by the City Council at either this meeting or a previous meeting may be made only by one of the Councilmembers who voted with the prevailing side. H. Point of Order: An interruption of a meeting to question whether rules or bylaws are being broken, such as the speaker has strayed from the motion currently under consideration. 13 221 of 319 I. Continuance of Discussion or Hearings: Any item being discussed or any public hearing at a City Council meeting may, by order, notice, or motion, be continued or tabled to any subsequent meeting. J. Rosenberg's Rules of Order: Rosenberg's Rules of Order have been adopted by the City Council and shall apply in all cases. K. Disclosure of Ex Parte Contacts: An "ex parte" contact or communication occurs when, prior to considering a matter on a public meeting agenda, a member or members of the City Council receives information, oral, written, or otherwise, pertaining to that matter outside the public meeting. (Reference City Council Policy No. 116 — Procedure for Disclosure of Ex Parte Contacts) X. MOTIONS Motions are the vehicles for decision making by a body. It is normally best to have a motion before the body prior to commencing discussion of an agenda item. There are three motions that are the most common and recur often at meetings: 1. The basic motion. The basic motion is the one that puts forward a decision for the body's consideration. 2. The motion to amend. If a member wants to change a basic motion that is before the body, they would move to amend it. 3. The substitute motion. If a member wants to completely do away with the basic motion that is before the body, and put a new motion before the body, they would move a substitute motion. Motions may be made by any member of the Council including the Chair. Any member of the City Council may second a motion. (Reference Rosenberg's Rules of Order for a more detailed discussion on motions in general and sample motions) A. Procedure for Motions: The following is the general procedure for making motions: 1. The item is presented by staff or others followed by questions and discussion by Councilmembers. 2. A Councilmember who wishes to make a motion shall first obtain the floor. 3. A Councilmember who wishes to second a motion shall do so through a request to the Chair. 4. Before a motion can be discussed, it shall be seconded. 14 222 of 319 5. Once a motion has been properly made and seconded, the Chair shall open the matter for further discussion offering the first opportunity to the moving party and, thereafter, to any Councilmember properly recognized by the Presiding Officer. 6. Once the matter has been fully debated and the Presiding Officer calls for a vote, no further debate will be allowed, provided however, any Councilmember may be allowed to explain his or her vote prior to the vote being cast. B. Amendments to Motions: As previously discussed, when a motion is on the floor and an amendment is offered, the amendment shall be acted upon prior to acting on the main motion. No motion of a subject other than the agenda item under consideration shall be admitted as an amendment. A motion to amend an amendment shall be in order, but one to amend an amendment to an amendment shall not be in order. Action shall be taken on the amended amendment prior to any other action to further amend the original motion. XI. PUBLIC HEARINGS/ORDINANCES & RESOLUTIONS A. Except as provided otherwise by law, public hearings shall generally be conducted as follows: 1. Scheduled public hearings shall commence at 6:00 p.m. or as soon thereafter as possible. 2. Speakers are encouraged to complete a speaker request slip; however a speaker slip is not required in order to speak. 3. At the beginning of each public hearing item, the Presiding Officer shall announce the item for the public hearing, request that staff present the staff report and any other relevant evidence, and open the public hearing. The presentation of the staff report prior to the formal opening of the public hearing shall not prevent its consideration as evidence. Any such evidence shall be made a part of the record of the public hearing. 4. Following the staff report and opening of the public hearing, the Presiding Officer shall thereupon call upon the proponent (if other than staff) to present his or her presentation. Thereafter, the Presiding Officer shall inquire as to whether there are any persons present who desire to address the City Council on the matter. Any person desiring to speak or present evidence shall then make their presence known to the Presiding Officer and, upon being recognized by the Presiding Officer, may speak or present evidence relevant to the subject matter being heard. 5. The applicant/appellant, and/or their representative shall speak first and shall have a sufficient amount of time to do so, any portion of which may be reserved and used 15 223 of 319 for rebuttal. 6. Each member of the public wishing to address the Council, other than the applicant/appellant, shall then be allowed to address the Council and shall have three (3) minutes to speak. Prior to declaring the public hearing open, however, when necessary because of the number of possible speakers, the Presiding Officer may establish a time limit for the entire public hearing, or establish time limits for the presentation of each individual speaker. All persons interested in the matter being heard by the Council shall be entitled to submit written evidence or remarks, as well as other graphic evidence. All such evidence presented shall be retained by the City Clerk as part of the record. 7. Councilmembers who wish to ask questions of the speakers, staff or each other, during the public hearing portion, may do so only after being recognized by the Presiding Officer in the manner set out in this policy. 8. Councilmembers should be mindful that the purpose of the public hearing is to obtain testimony, and not to debate the merits of the item under consideration. Councilmembers should avoid debate and expressions of personal opinion until after the close of the public hearing. 9. Following the conclusion of such questions, the Presiding Officer shall allow the applicant/appellant the opportunity for rebuttal. 10. Following the rebuttal, the Presiding Officer shall close the public hearing and then allow each Councilmember to state his or her opinion on the item before asking for a motion to decide the matter. 11. Upon closing the public hearing by the Presiding Officer, no additional public testimony shall be solicited or received by the Council without reopening the public hearing through the Presiding Officer with consensus of the Council. 12. The Presiding Officer at all times shall conduct the public hearing in such a manner as to afford due process to all affected persons. XII. MEETING DECORUM & CONDUCT Meetings of the City Council shall be conducted in an open and orderly manner and in an environment safe for all persons in attendance to ensure that the public has a full opportunity to be heard and that the deliberative process of the Council is retained at all times. The Presiding Officer shall be responsible for maintaining the order and decorum of meetings. This policy is not intended to deprive any person of his or her right to freedom of expression, but only to maintain, to the extent possible and reasonable, a safe and conducive place to conduct public business. 16 224 of 319 A. Conduct: 1. Members of the audience shall not engage in disorderly or boisterous conduct, including the utterance of obscene, lewd, loud, threatening, repeatedly irrelevant or repetitious, or abusive language; including clapping, whistling, yelling, stamping of the feet, or other acts which disturb, disrupt, impede or otherwise render the orderly conduct of the City Council meeting infeasible. A member of the audience engaging in any such conduct may, after warning by the Presiding Officer, at the discretion of the Presiding Officer or a majority of the City Council, be subject to removal from the meeting. 2. Persons in the audience will refrain from creating, provoking or participating in any type of disturbance involving unwelcome physical contact. 3. Noise emanating from the lobby outside the Council Chambers which is audible within the Chambers shall not be permitted. The Sergeant -at -Arms is authorized to enforce this rule by requesting those in the lobby to remain silent or to leave the area. B. Authorized & Designated Areas: 1. No person shall stand or sit in the aisles. No person shall block any doorways or exits. 2. No person except City officials shall be permitted within the platform area in front of the Council dais without the prior consent of the Presiding Officer or City Manager. C. Signs, Objects or Symbolic Material: 1. Placards, signs, and posters may be brought into the Council Chambers unless such objects disturb, disrupt, impede or otherwise render the orderly conduct of the Council meeting infeasible, or block the view of any other person in attendance, in which case such placard, sign, or poster shall, at the discretion of the Presiding Officer or a majority of the Council, be moved to a different location or removed from the Chambers. 2. Packages, bundles, suitcases or other large or potentially dangerous objects shall not, without the prior authorization of the Presiding Officer or City Manager, be brought into the City Council Chambers and are subject to search to determine that they do not pose a threat or as otherwise requested by the Sergeant -at -Arms. 17 225 of 319 D. Service Animals: Except as otherwise allowed by the City Council, no animals except for service animals shall be brought into the Council Chambers. E. Photography/Videography: Photographs, audiotapes and videotapes may be taken from the rear of the Council Chambers or from any seat within the Chambers, as long as such activity does not disrupt or disturb the audience, public speakers, Councilmembers or others on the dais, and interfere with the orderly conduct of the meeting. When a filming area has been designated by the Fire Marshal or Sergeant -at -Arms, filming shall occur in that area only. The Fire Marshal or Sergeant -at -Arms may designate an area for credentialed media only. F. Cellular & Electronic Devices: Persons in the audience will refrain from using cellular phones and/or pagers while the City Council meeting is in session. XIII. ENFORCEMENT A. Sergeant -at -Arms: The Chief of Police or his or her designee shall be the ex-officio Sergeant -at -Arms of the City Council. The Sergeant -of -Arms shall carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum in the Council Chambers. Any Councilmember may move to require the Presiding Officer to enforce the rules upon affirmative vote of a majority of the Council. B. Violations: Upon a violation of the Rules of Procedure and Order established herein, the procedure to enforce the rules are as follows: 1. Warning: The Presiding Officer shall first request that a person who is violating the rules cease such conduct. If, after receiving a request from the Presiding Officer, the person persists in violating the rules, the Presiding Officer shall order a recess. The Sergeant -at -Arms is authorized to warn the person that their conduct is violating the rules and that they are requested to cease such conduct. If upon resumption of the meeting the violation persists, the Presiding Officer may order another recess whereupon the Sergeant -at -Arms shall have the authority to order the person removed from the meeting and/or citied in violation of Penal Code Section 403. 2. Motion to Enforce: Any Councilmember may call a Point of Order should the City Council fail to abide by the provisions of this policy, whereupon the Council shall immediately act upon the Point of Order by roll call vote. If the Presiding Officer fails to enforce the Rules of Procedure and Order set forth herein, any member of the Council may move to require the Presiding Officer to do so, and an affirmative vote of a majority of the Council shall require the Presiding Officer to do so. If the Presiding Officer fails to carry out the will of the majority of the Council, the majority may designate another member of the Council to act as Presiding Officer for the 18 226 of 319 remainder of the meeting, for the limited purpose of enforcing the rules established herein. 3. Clearing the Room: Pursuant to Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a group of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of the individuals who are willfully interrupting the meeting, the Presiding Officer may order the room cleared and the meeting shall continue in session. Only matters appearing on the agenda may be considered in such a session. Credentialed representatives of the press or other credentialed news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to Section 54957.9. 4. Violation of California State Law: A person or persons who willfully and intentionally impair or impede the conduct of a Council meeting by violating these Rules of Procedure and Order may be prosecuted under California Penal Code §403, California Elections Code Section 18340, or any other applicable State law for disturbing a public meeting. XIV. PROCEDURAL MATTERS A. City Council Seating Arrangement: The seating arrangement of Councilmembers on the dais is at the prerogative of the Mayor. B. Signing of Meeting Documents: The Presiding Officer shall sign all ordinances, resolutions, contracts and other documents necessitating his or her signature which were adopted in his or her presence, unless he or she is unavailable, in which case the signature of the Vice Mayor may be used. C. Copy of Recordings: The public may obtain from the City Clerk a copy, at cost, of an existing recording made by the legislative body of its public sessions. D. Ceremonial Matters: There are several different types of action the City Council may take to provide recognition or express appreciation: 1. Certifications of Appreciation or Recognition: Commendations are typically issued to acknowledge the activities of a person or organization. 2. Proclamations: Public announcements directing attention to a person, organization, event or cause. Proclamations will be issued subject to the policy described below. 19 227 of 319 E. Proclamations: It is the policy of the City Council to issue proclamations for certain individuals, organizations, events or causes, when such a proclamation positively impacts the community and conveys an affirmative message to residents. 1. Discretion should be used in determining whether or not to issue a proclamation. Proclamations that are political in nature, are controversial, or that likely would not enjoy a high level of community interest and support, are discouraged. 2. It is the policy of the City Council to process requests for proclamations in the following manner: a. Requests for proclamations will be made through the Mayor's Office; b. If the Mayor determines that the proclamation request is consistent with the policy stated above, the Mayor will direct his or her staff member to prepare the proclamation and the proclamation will be issued. c. Upon receipt of the draft proclamation language, the Mayor will direct the City Manager to place the item on a meeting agenda depending on the nature and time -sensitivity of the request. XV. SOCIAL MEDIA With the ever-growing use of social media, the Council and City staff should be aware that comments, statements, opinions, etc. are still subject to the same restrictions identified in the California Government Code (commonly referred to as the Brown Act and the Public Records Act). While the City of National City strives to maintain community involvement and transparency in its government functions, certain State and local laws must be considered and kept in mind while using social media mediums. Social mediums such as Facebook, Twitter, and others can be viewed by other people including other Councilmembers. Councilmembers are encouraged to check the information they provide for accuracy. Multiple Councilmembers cannot comment on the same conversation, as that can create a "serial meeting" of the Council and is a direct violation of the Brown Act. If Councilmembers communicate on social media about "city business", as defined in City Administrative Policy No. 02.06, any such communication may be released to the public upon request. Councilmembers should refrain from stating personal opinions on matters being brought before the Council including, but not limited to: personal opinions on topics, declarations on how an official intends to vote for an item, debating with citizens on items, or presentation of the Councilmember's argument before or against an item, as those could be considered violations of the Brown Act, which can result in criminal and civil liabilities for the official. 20 228 of 319 Councilmembers should always maintain professionalism and common courtesy in posts and comments when commenting in their official capacity and should remain neutral in postings to prevent the interpretation that a decision has already been made outside of an open meeting, in violation of the Brown Act. Councilmembers should also be aware that there is inherent personal civil liability risk on all comments they make outside of official meetings. For example, if a Councilmember "blocks" a social media user, or deletes a comment from a social media user, the Councilmember risks violating the social media user's First Amendment rights. Councilmembers should not use their official positions to make negative posts, voice personal opinions, etc. against any individual, business, entity, etc. as that could create negative feedback for the official and City and could potentially subject the official to personal civil liability for slander, defamation of character, or other civil remedies that could be determined by a court. Councilmembers should also refrain from using aliases or having fake profiles on social networking sites. City Councilmembers and staff shall not use any official City media site, including but not limited to the City's Facebook page, the City's Twitter accounts, or to any other City media outlet for personal reasons or personal gain. XVI. POLICY INTERPRETATION & APPLICABILITY The Policy and Rules of Procedure and Order set forth herein shall be liberally construed to effectuate their purpose and no ordinance, resolution, proceeding or other action of the City Council shall be invalidated, nor the legality thereof otherwise affected, by the failure or omission of the Council to technically comply with, observe, or otherwise follow such rules. Any provision of these rules not already governed by City ordinance or State law may be suspended by a majority vote of the Council. The rules set forth herein shall apply to all meetings of the City Council subject to the Brown Act and shall apply to the Council Chambers or any other location where a meeting subject to these rules takes place. In the event of any inconsistency between these rules and State law or regulation, State law or regulation shall apply. XVII. DEFINITIONS Abstain To publicly refrain from voting usually because of a conflict of interest. Adjourn A privileged motion to officially close a meeting. A second is required and a majority vote is required to adopt it. Call to Order An announcement by the Presiding Officer to convene a meeting. 21 229 of 319 Consent Calendar The routine parts of the agenda which are approved without discussion or dissent. Decorum Dire Emergency Emergency Meeting Legislative Body Meeting Minutes Motion Ordinance Parliamentarian Policy To conduct oneself in a proper manner. When a majority of the legislative body determines that a dire emergency exists, it may call an emergency meeting (§ 54956.5). A dire emergency is defined as a crippling disaster, mass distribution, terrorist act, or threatened terrorist activity that poses peril so immediate and significant that requiring a legislative body to provide one -hour notice before holding an emergency meeting may endanger the public health, safety, or both. When a majority of the legislative body determines that an emergency situation exists, it may call an emergency meeting (§ 54956.5). An emergency is defined as a crippling activity, work stoppage or other activity which severely impairs public health, safety or both. City Councilmembers are legislators. Together they constitute a legislative body that is given authority by the State constitution and State law to make local law. Includes any congregation of a majority of the members of a legislative body at the same time and place to hear, discuss or deliberate upon any matter which is under the subject matter jurisdiction of the agency. (Government Code § 54952.2(a) The official record of what is done at a meeting. The vehicles for decision making by a body used with a vote to indicate approval or denial, adoption or direction. A city law that generally requires two separate meetings and typically becomes effective thirty days after adoption. One who advises the officers, committees, and members on matters regarding parliamentary procedure. The opinions, philosophy, or practices that are adopted by an organization. 22 230 of 319 Public Hearing Point of Order Presiding Officer Public Hearing Quorum Ralph M. Brown Act Items that are publicly noticed for a specific Council meeting date, as generally required by law, and are designed to receive separate public input on a specific matter. An interruption of a meeting to question whether rules or bylaws are being broken, such as the speaker has strayed from the motion currently under consideration. The officer conducting the meeting; Chair or Chairman A noticed public session to receive original evidence or testimony on applications regulated by this title. Scheduled public hearings shall be commenced at 6:00 p.m. or as soon thereafter as possible. The minimum number of members who must be present at a meeting to transact business legally. The Ralph M. Brown Act, commonly known as the "Brown Act", governs meetings conducted by local legislative bodies, such as boards of supervisors, city councils and school boards. The Act represents the Legislature's determination of how the balance should be struck between public access to meetings of multi- member public bodies on the one hand and the need for confidential candor, debate, -and information gathering on the other. The purpose of the Brown Act is to facilitate public participation in local government decisions and to curb misuse of the democratic process by secret legislation by public bodies. Recess A period of time longer than thirteen (13) days without a regular or special meeting of the Council. Resolution Represents a legislative or other type of action providing for the disposition of a particular item of business. Resolutions take effect upon passage by a majority vote of the Council unless other law imposes a later effective date. Rosenberg's Rules of Order Written rules of parliamentary procedure which govern a meeting. Sergeant -at -Arms The Chief of Police or his or her designee shall be the ex-officio Sergeant -at -Arms of the City Council. 23 231 of 319 Special Meeting In contrast with a regular meeting, a meeting called for a particular purpose that is stated when the meeting is called. SECTION XVIII. RELATED POLICY REFERENCES • National City Municipal Code, Chapter 2.04 • National City Municipal Code, Title 16 • Ralph M. Brown Act • Rosenberg's Rules of Order • City Council Policy No. 102 — City Council Meeting Times • City Council Policy No. 103 — Special Council Meetings • City Council Policy No. 105 — Off Agenda Items and Placing Non -Agenda Items on the Agenda • City Council Policy No. 106 — Preparation of City Council Meeting Minutes • City Council Policy No. 113 — Unauthorized Disclosure of Information Revealed in Closed Sessions • City Council Policy No. 116 — Procedure for Disclosure of Ex Parte Contacts • Administrative Policy No. 02.06 — Public Records Act Affecting Personal Electronic Devices & Accounts of City Users 24 232 of 319 RESOLUTION NO. 2019 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING CITY COUNCIL POLICY NO. 104, "RULES OF PROCEDURE AND ORDER FOR CITY COUNCIL MEETINGS" BE IT RESOLVED by the City Council of the City of National City that National City Council Policy No. 104, entitled "Rules of Procedure and Order for City Council Meetings" is hereby adopted. PASSED and ADOPTED this 2nd day of April, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 233 of 319 CC/CDC-HA Agenda 4/2/2019 — Page 234 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. 234 of 319 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. 235 of 3 9 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 6:00pm 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 1 236 of 319 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 2 237 of 319 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 d o oagg 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: 3 238 of 319 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 4 239 of 319 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 0 No ❑ 11 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❑ O Vendors preparing food on -site ► # ► Business License # If yes, please describe how food will be served and/or prepared: If you intend to cook food in the event area please specify the method: 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) 5 240 of 319 ❑ 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 a copy 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 6 241 of 319 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. 7 242 of 319 ❑ 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. 8 243 of 319 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. 9 244 of 319 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 10 245 of 319 tic "%OM- NS I 4 Sweetwater Rd akittlyi oglie 4,4f. • ; C' • ,, • • . 4,6 • Imagery 02019 Google, Map data 02019 GI:m.91e 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. 12 247 of 319 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 13 248 of 319 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. 14 249 of 319 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. 15 250 of 319 251 of 319 CC/CDC-HA Agenda 4/2/2019 — Page 252 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. 252 of 319 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. 253 of 3191 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 254 of 319 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: 2 255 of 319 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. 3 256 of 319 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 4 257 of 319 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 ❑ 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) ❑ Vendors selling merchandise # ► Business License #(s) 5 258 of 319 ❑ 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 Department a .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 6 259 of 319 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. 7 260 of 319 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. 8 261 of 319 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, 9 262 of 319 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 10 263 of 319 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 11 264 of 319 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 12 265 of 319 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 13 266 of 319 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 I0, 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 14 267 of 319 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 15 268 of 319 6 1-9 lO 69Z 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 6 LE 10 OLZ 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 6LE10 LL3 TOP OF TENT OUTBACK STEAKHOUSE TENT STRUCTURE GRID WALL 7' I I 6' 6' 1 1 1 r (1) STANDARD PORT-A-JDN CO HANDICAPPED PORT-A-1ON (1) WASH STATION T 6' 7' 1 20'--P 9 NO PARKING WITHIN 20FTOFTENT LF N1100±®2J STANDARD 101NDAAD STAgDARD HANDICAPPED .'OPENING II 11 1 I I 1 I 6' 1 � i Jr I I ` 1_ • ENTRANCE FIRE EXTINGUISHER EXIT SIGN (BACKLIT W/ BATTERY BACK-UP) 1 I T 7' T 18' STORAGE 30' 12 =--i 4 n • • • • • • • • • • • • • • • • • • • • • • a • • • • • 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. 20 273 of 319 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 21 274 of 319 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) 22 275 of 319 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 23 276 of 319 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 24 277 of 319 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. 25 278 of 319 279 of 319 CC/CDC-HA Agenda 4/2/2019 — Page 280 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. 280 of 319 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: ` 1744% a� 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 # 34 281 of 319 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 1/2 282 of 319 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 2/2 283 of 319 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, DIRECTOR OF FINANCE STEPHEN MANGANIELLO, ACTING CITY MANAGER FINANCE COMMITTEE ALEJANDRA SOTELO-SOLIS, MAYOR -CHAIRWOMAN RONALD J. MORRISON, VICE -MAYOR JERRY CANO, COUNCILMEMBER GONZALO QUINTERO, COUNCILMEMBER MONA RIOS, COUNCILMEMBER 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 284 of 319 CC/CDC-HA Agenda 4/2/2019 — Page 285 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. 285 of 319 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: `Gz/44a ,7a. 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 # 35 286 of 319 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 1/2 287 of 319 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 -- NATIONAL Cfry 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 2/2 288 of 319 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, DIRECTOR OF FINANCE STEPHEN MANGANIELLO, ACTING CITY MANAGER FINANCE COMMITTEE ALEJANDRA SOTELO-SOLIS, MAYOR -CHAIRWOMAN RONALD J. MORRISON, VICE -MAYOR JERRY CANO, COUNCILMEMBER GONZALO QUINTERO, COUNCILMEMBER MONA RIOS, COUNCILMEMBER 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 289 of 319 CC/CDC-HA Agenda 4/2/2019 — Page 290 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. 290 of 319 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 PHONE: 619-336-4572 DEPARTMENT: Finance EXPLANATION: APPROVED BY: '-<--:=71 �-�` Per Government Section Code 37208, attached are the warrants issued for the period of 2/27/19 through 03/05/19. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire DBX Inc HMS Construction Inc Kaiser Foundation HP Project Professionals SDG&E STC Traffic City of San Diego 341023 341060 341067 341108 341122 341134 241158 Amount 139,465.33 98,946.30 191,336.48 109,006.77 53,182.34 55,592.31 1,337,858.00 Explanation Fiber Optic Traffic Signal IC Highland Ave Traffic Signal MOD Group 104220-0002 — Jan 2019 (A) Paradise Creek Park III Gas & Electric Utilities — PW Fiber Optic TS Interconnect Expansion Sewerage Syst 3rd Qtr 1 /01 /19 — 3/31/19 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $2,270,283.68. APPROVED: ` 414 /etzic 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 # 36 291 of 319 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 1/4 292 of 319 -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 2/4 293 of 319 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 3/4 294 of 319 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 4/4 295 of 319 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, DIRECTOR OF FINANCE STEPHEN MANGANIELLO, ACTING CITY MANAGER FINANCE COMMITTEE ALEJANDRA SOTELO-SOLIS, MAYOR -CHAIRWOMAN RONALD J. MORRISON, VICE -MAYOR JERRY CANO, COUNCILMEMBER GONZALO QUINTERO, COUNCILMEMBER MONA RIOS, COUNCILMEMBER 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 296 of 319 CC/CDC-HA Agenda 4/2/2019 — Page 297 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. 297 of 319 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 298 of 319 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 299 of 319 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 300 of 319 RESOLUTION NO. 2019 — 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 WHEREAS, in November 2004, San Diego County voters approved local Proposition A extending the TransNet 1/2 cent sales tax to fund the region's transportation system for 40 years, and 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; and WHEREAS, 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, and failure to do so would result in an agency's loss of TransNet funding for improvement of local streets; and WHEREAS, 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"; and WHEREAS, 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; and WHEREAS, on February 22, 2019, the SANDAG Board of Directors approved a 2 percent adjustment to the RTCIP, raising the minimum fee from $2,484 per new residential dwelling unit to $2,534 per unit beginning July 1, 2019. 301 of 319 Resolution No. 2019 — Page Two NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the adoption of a Resolution amending the Transportation Development Impact Fee (TDIF) from $2,484 per new residential dwelling unit to $2,534 per unit beginning July 1, 2019. PASSED and ADOPTED this 2nd day of April, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones 302 of 319 CC/CDC-HA Agenda 4/2/2019 — Page 303 The following page(s) contain the backup material for Agenda Item: Approval of rescheduling of fiscal year 2020 budget workshop dates. (Finance) Please scroll down to view the backup material. 303 of 319 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 2, 2019 AGENDA ITEM NO.: ITEM TITLE: Approval of rescheduling of fiscal year 2020 budget workshop dates. PREPARED BY: Yen Kelly, Budget Analyst DEPARTMENT: Finance PHONE: 619-336-4330 APPROVED BY: L-7'//a ,a EXPLANATION: During the December 4, 2018 Council meeting, City Council approved the fiscal year 2020 budget calendar. The approved calendar set two budget workshop dates, the first on April 9, 2019 and a second, tentative workshop on April 23, 2019 for presentation and discussion of the preliminary budget. Due to scheduling conflicts, new workshop dates must be approved. Staff proposes new workshop dates of April 24 and May 14, 2019 for the initial and second (tentative) workshops, respectively. No change is proposed for adoption of the budget, currently scheduled for the regular City Council meeting of June 4, 2019. With this item, staff seeks direction regarding the rescheduling of the budget workshop dates. If the proposed dates are not agreeable, direction on alternative dates is sought. FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: -1*/614 XG� FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Approve the recommended revised fiscal year 2020 budget workshop dates. BOARD / COMMISSION RECOMMENDATION: NA ATTACHMENTS: Previously Approved Budget Schedule - Fiscal Year 2020 304 of 319 PLkd45RMIA- NpArriONAL �I J 1•k±'TJRFs7FiAT��' PREVIOUSLY APPROVED BUDGET SCHEDULE - FISCAL YEAR 2020 DATE & TIME DESCRIPTION Tuesday, December 4th (City Council Meeting) Scheduling of City Council workshops Tuesday, January 22nd (City Council Meeting) City Council budget priorities Tuesday, April 9th (City Council Workshop) Budget workshop - preliminary budget & capital improvement program presentation Tuesday, April 23rd (City Council Workshop) Budget workshop (tentative - prior to regularly schedule meeting) Tuesday, June 4th (City Council Meeting) Budget hearing / Budget adoption 1 of 1 305 of 319 CC/CDC-HA Agenda 4/2/2019 — Page 306 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 (CDC -HA) 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. 306 of 319 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 (CDC -HA) approving the Housing Choice Voucher Program's Administrative Plan for Fiscal Year 2019 - 2020. PREPARED BY: Housing Programs Manager PHONE: 619-336-4259 EXPLANATION: See attached report. Ho s' g & Economic DEPARTMENT: De elo�pmen APPROVED 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: CDC -HA, 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 CDC -HA, Housing Choice Voucher Program office. 307 of 3 I9 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 Community Development Commission - Housing Authority of the City of National City (CDC -HA), 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 CDC -HA, Housing Choice Voucher Program Administrative Plan for Fiscal Year 2019 - 2020. No recommendations or comments were received. 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 CDC -HA, Housing Choice Voucher Program's Administrative Plan for FY 2019 - 2020. 1 308 of 319 RESOLUTION NO. 2019 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY (CDC HA) APPROVING THE HOUSING CHOICE VOUCHER PROGRAM'S ADMINISTRATIVE PLAN FOR FISCAL YEAR 2019 - 2020, AND AUTHORIZING SUBMITTAL OF THE PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, on October 21, 1998, the U.S. Congress enacted Public Law 105-276, known as the Quality Housing and Work Responsibility Act (QHWRA) notifying housing authorities to adopt and amend an Administrative Plan, including local policies for admissions and continued participation in accordance with the new HUD requirements; and WHEREAS, the Administrative Plan is set forth to define the Housing Department's local policies for operation of the housing programs in the context of Federal laws and regulations, and issues related to Section 8 not addressed in this document are governed by such Federal regulations, HUD memos, notices and guidelines, or other applicable law; and WHEREAS, the current Community Development Commission - Housing Authority of the City of National City (CDC -HA), Housing Choice Voucher Program Administrative Plan for FY 2019 - 2020 has no revisions and the policies remain in accordance with the published QHWRA requirements, and posted the Administrative Plan on the National City's website, and made it available at the City Clerk's Office, National City Public Library, and Section 8 Office; and WHEREAS, the Resident Advisory Board (RAB), comprising of all HCV Participants, were given an opportunity to review and comment on the proposed CDC -HA, Housing Choice Voucher Program Administrative Plan for Fiscal Year 2019 — 2020, and no recommendations or comments were received. NOW THEREFORE BE IT RESOLVED that the Community Development Commission -Housing Authority of the City of National City hereby approves the Housing Choice Voucher Program Administrative Plan, as set forth in that document dated April 2, 2019, and authorizes the submittal of said Plan to the U.S. Department of Housing and Urban Development. Said Plan is on file in the office of the City Clerk. PASSED and ADOPTED this 2nd day of April, 2019. Alejandra Sotelo-Solis, Chairwoman ATTEST: Stephen Manganiello, Secretary APPROVED AS TO FORM: Angil P. Morris -Jones General Counsel 309 of 319 CC/CDC-HA Agenda 4/2/2019 — Page 310 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 (CDC -HA) 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. 310 of 319 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 (CDC -HA) approving the Streamlined Annual Public Housing Agency (PHA) Plan for Fiscal Year 2019 - 2020. Marta Rios PREPARED BY: Housing Programs Manager PHONE: 619-336-4259 EXPLANATION: See attached report DEPARTMEN APPROV Ho t g & Economic Do elbpment FINANCIAL STATEMENT: ACCOUNT NO. There will be no fiscal impact as a result of this action. APPROVED: FINANCE APPROVED: ENVIRONMENTAL REVIEW: Not applicable ORDINANCE: INTRODUCTION FINAL ADOPTION ❑ 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 CDC -HA Housing Choice Voucher Program Office. 311 of 319 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. 312 of 319 NOTICE OF PUBLIC HEARING Attachment 2 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 I5 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 Date of Publication: February 20, 2019 313 of 319 Attachment 3 Sill To:. CITY OF NATIONAL CITY COMM.DEV. 140 E 12th $t Ste B National City„CA 91950-3323 STATE OF ILLINOIS COUNTY OF Cook •De an Die4o Thiionrthunc PROOF of Publication COMM SECO-8RENT ASST CU00465754 The Undersignedideclares underpenalty of perjury under:the laws of the State olCalifornla: That he/she is ,arid at alltIrnes 'herein mentioned was a citizen of. the United States,. over the. age, of twenty-oneyears„.and that he/she is note party to, nor Interested,inthe above entitled:. matter; that he/she Is Chief Clerk forthepublisher Of. San Diego Union -Tribune a newspaper of general &align:in, printed: and 04131106d daily in the CJtyof San Diego, County of San.Diego, and which newspaper is published for the dissemination of local hews and intelligence of a general character, andWhich newspaper at all the times herein mentioned hadand 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, anrdwhich newspaper is riotdevoted to nor published for the interests, entertainment or inetrootion off a particular class, profession, trade, calling, race, or denomination, or any number of :same; that the node° of Which the annexed is a. printed copy, has b, en published in said newspaper in accordance:with the in don of the person(s) reouestingiNbliciation, and not Jn tiy supplement thereof on the following dates; to WIt February,300-19 I c under p II ornia thajfh POO Iri th... ofl thls..2.911h _ Ste aril() Sob San Di n a Advertising law rrec of the State of Proof of Publication of See-Attaohed RECO, _EP i FEB 2 6 Z019 — Cose Name 614101 314 of 319 the San Diego 11111:1011 ttiblitte Bill To: CITY OF NATIONAL CITY COMM.DEV.COMM SECO-8RENT ASST - CU00465754 140E12thSt Ste B National CIty,CA 91950-3323 Sold To: CITY OF NATIONAL CITY COMM.DEV.COMM SECO-BRENT ASST - CU00465754 140 E12th St Ste National City,CA 91950-3323 N07 EARINGL BIC NOTICE 13 HEREBY TEN that tha Board COMMISSroherS the Community Development Ca1r1- knlssieM-10 Id Au- 1Nhx rQlyelaF ti .. G7ryDCnf l Will hold ii' ft r- lc hearllt an A till ilnl4 at 6i00 p.�mty.. ii11Natc�tnaml rs located of 1243 Nit - gamily Booleyerd, NaneCit , ttmoCnllYr'T- 919, m Ilc Can ha heat ion the liked nnuolS eaa{b�1lh Irtiln(t AI 11cy Pian for Flecal YeN 2ptst• 2929. The r faronte ,r an and pOIIetas Wi Kyyles a r:d torn 45• uat�;tu�e>n�t j o t l and Th. Public Mous ng iveL Agoa CnryO pre iPHA) anA en is nap In l0 Agencyt ]Icie program oper 1lons, aiul soar- s, houshiy 11 t1Il and goals For the Sec tlon &Hotningg ChP1ce voucher Progrmn subml ted ato fliplie Depan t of Woos- Ing 0101 Urrban 0 10*I- op ltam (I -runt every The draft PHA Plan w111 be avalaule {or t'el l r /0 o1 P Et Fe arua 2 ilia ful opdng loca- tlo1Ml CDC-}-lipputin Author- ity ofthe C t Of Nenonal City Housing Choice R0tcht0. 1 z tryst tvaot, suoe B Notional City CA Si utO City S11 otional city-, c7ttAvClerk 6�1Nc7 Natronni City YIQSOM Slty CA City of National Crty Mall+ Llbrnry 140011 National City kiw rational Clty CA 919L0 WMIttel) co n eht Wrier tto tern p1ilia INaehng and outing the 43-day cunrntun ITV 0.1110n2 (21B tot tyoyl Author- ityf ha CoofNa- tlonal city Homing C1lotee voucher Program A``mi MMnrtalllos 1A0 i. 12d7 slraot, Suite B 991950.n1312 Cfly CA Pima' (610) 133, 11111e 451034724242 Leslie peen um:wive Dlrocror 6141831 315 of 319 RESOLUTION NO. 2019 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY (CDC -HA) APPROVING THE STREAMLINED ANNUAL PUBLIC HOUSING AGENCY PLAN FOR FISCAL YEAR 2019-2020, AND AUTHORIZING THE SUBMITTAL OF THE PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, on October21, 1998, the United States Congress enacted Public Law 105-276, known as the Quality Housing and Work Responsibility Act ("QHWRA") requiring housing authorities to prepare and sumbit a Section 8 Public Housing Agency (PHA) Plan; and WHEREAS, like the Consolidated Plan that is required by the U.S. Department of Housing and Urban Development (HUD) for jurisdictions using federal funds for housing and community development, the PHA Plan provides a planning mechanism by which the Housing Authority of the City of National City Housing Choice Voucher Program can identify 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; and WHEREAS, the Streamlined Annual Plan provides details about the CDC—HA's immediate operations, program participants, programs and services. This Plan also identifies the CDC-HA's strategy for handling operational concerns, resident concerns and needs, programs and services; and WHEREAS, the U.S. Department of Housing and Urban Development (HUD) requires a Public Hearing to be held in order to receive public input; and WHEREAS, on April 2, 2019, a Public Hearing was held for review and recommendations by the public of the proposed Streamlined Annual Public Housing Agency Plan for Fiscal Year 2019-2020; and WHEREAS, the Resident Advisory Board, composed of all Section 8 participants, was given an opportunity to review and comment on the proposed plan. No recommendations or comments were received regarding the proposed plan. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission — Housing Authority of the City of National City hereby approves the Streamlined Annual Public Housing Agency Plan for Fiscal Year 2019 - 2020. 316 of 319 Resolution No. 2019 - Page Two BE IT FURTHER RESOLVED that the Community Development Commission — Housing Authority of the City of National City approves the submittal of the Streamlined Annual Public Housing Agency Plan for Fiscal Year 2019-2020 by the Executive Director to the U.S. Department of Housing and Urban Development. Said PHA Plan is on file in the office of the City Clerk. PASSED and ADOPTED this 2nd day of April, 2019. Alejandra Sotelo-Solis, Chairwoman ATTEST: Stephen Manganiello, Secretary APPROVED AS TO FORM: Angil P. Morris -Jones General Counsel 317 of 319 CC/CDC-HA Agenda 4/2/2019 — Page 318 The following page(s) contain the backup material for Agenda Item: 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) Please scroll down to view the backup material. 318 of 319 Item # 4/2/19 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) 319 of 319