HomeMy WebLinkAboutAgenda Packet - 04-16-19 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 CI7ny
INCORPORATED
ALEJANDRA SOTELO-SOLIS
Mayor
RON MORRISON
Vice Mayor
JERRY CANO
Councilmember
GONZALO QUINTERO
Councilmember
MONA RIOS
Councilmember
1243 National City Blvd.
National City, CA 91950
619-336-4240
Meeting agendas and
minutes available on web
WWW.NATIONALCITYCA. GOV
COUNCIL CHAMBERS
CIVIC CENTER
1243 NATIONAL CITY BOULEVARD
NATIONAL CITY, CALIFORNIA
TUESDAY, APRIL 16, 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
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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.
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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 San Ysidro Health Day
2. National City Proclaims April as Arts, Culture and Creativity Month
AWARDS AND RECOGNITIONS
PRESENTATIONS
1. Public Space Interventions Youth Designs - James Halliday from A
Reason to Survive (ARTS) and Students from High Tech High Chula Vista
4. California Cannabis Control Summit 2019 - Mayor Alejandro Sotelo-Solis,
Roberto Contreras, Deputy City Attorney and Lieutenant Greg Seward.
(Mayor's Office, City Attorney and National City Police Department)
INTERVIEWS / APPOINTMENTS
CONSENT CALENDAR
5. Motion of the City Council of the City of National City approving the
waiving of the reading of the text of the Ordinances considered at this
meeting and providing that such Ordinances shall be introduced and/or
adopted after a reading of the title only. (City Clerk)
6. Approval of the Minutes of the Special Meetings of the City Council of the
City of National City of October 4, 2016 and January 22, 2019, and the
Regular Meeting of the City Council and Community Development
Commission - Housing Authority of the City of National City of October 4,
2016 and the Adjourned Regular Meeting of the City Council and
Community Development Commission - Housing Authority of the City of
National City of January 22, 2019. (City Clerk)
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7. 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-450 DRW (X4G) Stencil
Truck in an amount not to exceed $124,671.85. (Engineering/Public
Works)
8. 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
(Buyer) to piggyback onto the City of Encinitas Urban Forestry
Maintenance Services contract with West Coast Arborist, Inc. (WCA) to
award a contract for grant coordination services in an amount not to
exceed $196,000, funded by a CAL FIRE Urban and Community Forestry
Grant. (Engineering/Public Works)
9. Resolution of the City Council of the City of National City Granting a Utility
Easement to San Diego Gas & Electric Company (SDG&E) to
underground, construct and/or maintain electrical and communications
facilities that service Las Palmas Municipal Pool and Camacho Recreation
Center; and authorizing the Mayor to sign the Utility Easement.
(Engineering/Public Works)
10. Resolution of the City Council of the City of National City authorizing the
installation of "No Truck Parking" signage on the east side of Cleveland
Avenue, between W. 22nd Street and the driveway in front of 2143
Cleveland Avenue (TSC No. 2019-01). (Engineering/Public Works)
11. Resolution of the City Council of the City of National City authorizing the
installation of signage and striping improvements on "F" Avenue to provide
access to the new parking lot proposed for student drop-off/pick-up at
Olivewood Elementary School (TSC No. 2019-02). (Engineering/Public
Works)
12. Resolution of the City Council of the City of National City, 1) approving the
following project proposed to receive funding from the Road Maintenance
and Rehabilitation Account (RMRA) through the Local Streets and Roads
Funding Program as required by Senate Bill 1, the Road Repair and
Accountability Act of 2017 - Citywide Radar Speed Feedback Sign
Installations; 2) reaffirming to the public and State the City's intent to fund
previously proposed and adopted projects with RMRA revenues; and 3)
authorizing the establishment of a Gas Tax Fund appropriation of
$1,030,455 for Fiscal Year 2020 and corresponding revenue budget for
receipt of RMRA funds. (Engineering/Public Works)
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13. Resolution of the City Council of the City of National City requesting
authorization to reprogram $21,000.00 of personnel appropriations to
materials and supplies for the Housing Inspection Program within the
Housing & Economic Development Department's Community
Development Block Grant FY 2019 approved budget with no impact to
staffing or services covered. (Housing & Economic Development)
14. Warrant Register #37 for the period of 03/06/19 through 03/12/19 in the
amount of $1,971,657.42. (Finance)
15. Warrant Register #38 for the period of 03/13/19 through 03/19/19 in the
amount of $487,693.05. (Finance)
16. Warrant Register #39 for the period of 03/20/19 through 03/26/19 in the
amount of $545,915.60. (Finance)
PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS
17.
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 9.06 (Food vending), Chapter 10.22 (Sales activity and
solicitation from or affecting vehicles, traffic, public property and areas,
and commercial parking areas), Chapter 10.52 (Regulations for the use of
municipal parks, playgrounds and golf courses), and adding Chapter
13.30 regarding vending on City sidewalks and pedestrian pathways.
(Applicant: City -Initiated Amendment) (Case File 2018-26 A) (Planning)
18. Public Hearing and Introduction of a Resolution of the City Council of the
City of National City of Proposed Policy on small cells equipment which
delegates Authority to the City Manager to Negotiate a License Agreement
with the Concurrence of the City Attorney. (City Attorney) **Companion
Item #19**
19. Public Hearing and Introduction of an Ordinance of the City Council of the
City of National City amending section 18.30.220 of the National City
Municipal Code for the regulation of small wireless facilities and other
infrastructure deployment. (City Attorney) **Companion Item #18**
NON CONSENT RESOLUTIONS
20.
Resolution of the City Council of the City of National City authorizing the
Mayor to execute a First Amendment to the Agreement with NV5, Inc.,
increasing the not -to -exceed amount by $250,000 (25% increase) for a
total of $1,250,000, extending the term of the Agreement by one year to
June 19, 2020, to provide on -call project support services for National
City's Capital Improvement Program (CIP), including, but not limited to,
project management; engineering; construction management, inspections
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and certified payroll; plan reviews; constructability reviews; land surveying;
environmental assessments; geotechnical; ADA compliance; GIS; utility
design and coordination; construction support; community outreach and
communications. (Engineering/Public Works)
21. Resolution of the City Council of the City of National City authorizing the
Mayor to execute a First Amendment to the Agreement with STC Traffic,
Inc., increasing the not -to -exceed amount by $500,000 (25% increase) for
a total of $2,500,000, extending the term of the Agreement by one year to
June 5, 2020, to provide on -call project support services for National City's
Capital Improvement Program (CIP), including, but not limited to, project
management; engineering; architecture; construction management and
inspections; traffic signal communications infrastructure and systems
integration; land surveying; environmental assessments; geotechnical;
construction support; plan reviews; community outreach and
communications. (Engineering/Public Works)
22. Resolution of the City Council of the City of National City authorizing the
Mayor to execute a First Amendment to the Agreement with Project
Professionals Corporation, increasing the not -to -exceed amount by
$500,000 (25% increase) for a total of $2,500,000, extending the term of
the Agreement by one year to June 5, 2020, to provide on -call project
support services for National City's Capital Improvement Program (CIP),
including, but not limited to, project management; engineering;
construction management, inspections and certified payroll; plan reviews;
constructability reviews; community outreach and communications.
(Engineering/Public Works)
23. Resolution of the City Council of the City of National City authorizing the
Mayor to execute a First Amendment to the Agreement with Kimley Horn
& Associates, Inc., increasing the not -to -exceed amount by $500,000
(25% increase) for a total of $2,500,000, extending the term of the
Agreement by one year to June 5, 2020, to provide on -call project support
services for National City's Capital Improvement Program (CIP), including,
but not limited to, project management; engineering; architecture; land
surveying; environmental assessments; geotechnical; construction
support; plan reviews; community outreach and communications.
(Engineering/Public Works)
24. Resolution of the City Council of the City of National City authorizing the
Mayor to execute a First Amendment to the Agreement with Innovative
Construction Consulting Services, LLC, increasing the not -to -exceed
amount by $500,000 (25% increase) for a total of $2,500,000, extending
the term of the Agreement by one year to June 5, 2020, to provide on -call
project support services for National City's Capital Improvement Program
(CIP), including, but not limited to, project management; engineering;
construction management, inspections and certified payroll; plan reviews;
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constructability reviews; community outreach and communications.
(Engineering/Public Works)
25. Resolution of the City Council of the City of National City authorizing the
Mayor to execute a First Amendment to the Agreement with D-Max
Engineering, Inc., increasing the not -to -exceed amount by $500,000 (25%
increase) for a total of $2,500,000, extending the term of the Agreement
by one year to June 5, 2020, to provide on -call project support services for
National City's Capital Improvement Program (CIP), including, but not
limited to, project management; engineering; environmental planning;
compliance and assessments; construction support; plan reviews;
community outreach and communications. (Engineering/Public Works)
26. Resolution of the City Council of the City of National City authorizing the
Mayor to execute a First Amendment to the Agreement with Neri
Landscape Architects, increasing the not -to -exceed amount by $250,000
(25% increase) for a total of $1,250,000, extending the term of the
Agreement by one year to June 19, 2020, to provide on -call project
support services for National City's Capital Improvement Program (CIP),
including, but not limited to, project management; engineering; landscape
architecture; urban planning and design; construction support; plan
reviews; community outreach and communications. (Engineering/Public
Works)
27. Resolution of the City Council of the City of National City authorizing the
Mayor to execute a First Amendment to the Agreement with Randall Lamb
Associates, Inc., increasing the not -to -exceed amount by $250,000 (25%
increase), for a total of $1,250,000, extending the term of the Agreement
by one year to June 19, 2020, to provide on -call project support services
for National City's Capital Improvement Program (CIP), including, but not
limited to, project management; mechanical, electrical and plumbing
engineering; air barrier auditing and commissioning; energy solutions;
construction support; plan reviews; constructability reviews; community
outreach and communications. (Engineering/Public Works)
28. Resolution of the City Council of the City of National City authorizing the
Mayor to execute a First Amendment to the Agreement with SCST, LLC,
increasing the not -to -exceed amount by $125,000 (25% increase) for a
total of $625,000, extending the term of the Agreement by one year to
June 19, 2020, to provide on -call project support services for National
City's Capital Improvement Program (CIP), including, but not limited to,
geotechnical, soils and materials testing. (Engineering/Public Works)
29. Resolution of the City Council of the City of National City authorizing the
Mayor to execute a First Amendment to the Agreement with KTU&A,
increasing the not -to -exceed amount by $250,000 (25% increase) for a
total of $1,250,000 extending the term of the Agreement by one year to
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June 19, 2020, to provide on -call project support services for National
City's Capital Improvement Program (CIP), including, but not limited to,
project management; engineering; landscape architecture; urban planning
and design; construction support; plan reviews; community outreach and
communications. (Engineering/Public Works)
NEW BUSINESS
30. CaIPERS Pension Cost Update. (Finance)
31. No vacancy in the Office of the City Clerk due to retirement delay. (City
Attorney)
B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY
CONSENT RESOLUTIONS - HOUSING AUTHORITY
PUBLIC HEARINGS: RESOLUTIONS - HOUSING AUTHORITY
NON CONSENT RESOLUTIONS - HOUSING AUTHORITY
32. Resolution of the Community Development Commission -Housing
Authority of the City of National City authorizing the full repayment of an
unsecured loan with a current balance of $4,941,000 made by the City of
National City to fund the acquisition of land for the Paradise Creek
Affordable Housing Project and to be paid from the proceeds of the sale of
the improvements at Kimball and Morgan Towers. (Housing & Economic
Development)
NEW BUSINESS - HOUSING AUTHORITY
C. REPORTS
STAFF REPORTS
MAYOR AND CITY COUNCIL
CLOSED SESSION REPORT
ADJOURNMENT
Regular Meeting of the City Council and Community Development
Commission - Housing Authority of the City of National City - Tuesday -
May 7, 2019 - 6:00 p.m. - Council Chambers - National City, California.
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Special Meeting of the City Council and Community Development
Commission - Housing Authority of the City of National City - Budget
Workshop - Wednesday - April 24, 2019 - 6:00 p.m. - Council Chambers -
National City, California
CITY COUNCIL SUMMER LEGISLATIVE RECESS
July 2, 2019 - City Council Meeting - Dispensed With
July 16, 2019 - City Council Meeting - Dispensed With
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The following page(s) contain the backup material for Agenda Item: National City
Proclaims San Ysidro Health Day
Please scroll down to view the backup material.
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Item #
04/16/19
National City Proclaims San Ysidro Health Day
Proclamation Forthcoming
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The following page(s) contain the backup material for Agenda Item: National City
Proclaims April as Arts, Culture and Creativity Month
Please scroll down to view the backup material.
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Item #
04/16/19
National City Proclaims April as
Arts, Culture and Creativity Month
Proclamation Forthcoming
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The following page(s) contain the backup material for Agenda Item: Public Space
Interventions Youth Designs - James Halliday from A Reason to Survive (ARTS) and
Students from High Tech High Chula Vista
Please scroll down to view the backup material.
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Item #
04/16/19
Public Space Interventions Youth Designs
James Halliday from A Reason To Survive (ARTS)
and Students from High Tech High Chula Vista
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Public Space Interventions
Youth Designs
PROJECT
E.A
HIGH TEEN HIGH
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Public Spaces in National City
activated and reimagined by our
local youth.
• to bring community together
• to beautify our shared spaces
• to tap into the creative capital of our youth
and empower them to change their
community
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•
PROJECT
piTH
Anchor
Park
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Proposed Project Idea
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PROJECT
El
HIGH TECH HIGH
Pepper
Park
Pergola
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:3111.1. ONIMVUO.
-4M ,
Design Proposal For:
Pepper Park
3299 Tidelands Ave, National City, CA 91950
Pepper Park Pergola
Conceptual Render
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•
PROJECT
F.1
F 1
HIGH TECH HIGH
Kimball
Way Park
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Park on the Hill
ch-LININIMMOW 6°1; 04 It4C;71 411;5 ,kt.
irt
Before
After
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Kimball Way Mural
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Kimball Way Mural
4
PARADISE CREEK
KIMBALL WAY
MURAL
IN COLLABORATION WITH
FI T F d NATIONALCI IY
Walmart
JOIN US FOR THE INSTALLATION OF THE
PARADISE CREEK KIMBALL WAY MURAL. A DAV
FUN AND INTERACTIVE ART ACTIVITIES AND A
CELEBRATION OF THE NEW COMMUNITY MURAL
SATURDAY, APRIL 13TH
FROM 1QAM-4PM
WH KIMBALL WAY FENCE, BEHIND WALMARTPARKINC LOT
(LOOK FOR THE YELLOW BALLOONS)
BRING YOUR OWN WATER BOTTLE, HAT,
AND WEAR CLOSED -TOED SHOES FOR SAFETY PURPOSES!
For more information, pl0000ronrne ARTS or 619.297-ARTS f27871 or onrih us of hello®meosonroeuroiae.org.
Also check out our Forebook event Kimball Wm Mural.
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The following page(s) contain the backup material for Agenda Item: California Cannabis
Control Summit 2019 - Mayor Alejandra Sotelo-Solis, Roberto Contreras, Deputy City
Attorney and Lieutenant Greg Seward. (Mayor's Office, City Attorney and National City
Police Department)
Please scroll down to view the backup material.
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Item #
04/16/19
California Cannabis Control Summit 2019 -
Mayor Alejandra Sotelo-Solis, Roberto Contreras,
Deputy City Attorney and Lieutenant Greg Seward
(Mayor's Office, City Attorney and National City Police Department)
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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.
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Item #
04/16/19
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)
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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
October 4, 2016 and January 22, 2019, and the Regular Meeting of the City Council and
Community Development Commission - Housing Authority of the City of National City
of October 4, 2016 and the Adjourned Regular Meeting of the City Council and
Community Development Commission - Housing Authority of the City of National City
of January 22, 2019. (City Clerk)
Please scroll down to view the backup material.
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Item #
04/16/19
APPROVAL OF THE MINUTES OF THE SPECIAL MEETINGS
OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
OF OCTOBER 4, 2016 AND JANUARY 22, 2019 AND THE
REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY
DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF
THE CITY OF NATIONAL CITY OF OCTOBER 4, 2016, AND
THE ADJOURNED REGULAR MEETING OF THE CITY
COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION
— HOUSING AUTHORITY OF THE CITY OF NATIONAL
CITY OF JANUARY 22, 2019.
(City Clerk)
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Book 98 / Page 170
10-04-2016
DRAFT DRAFT DRAFT
MINUTES OF THE SPECIAL MEETING OF THE
CITY COUNCIL OF THE CITY OF NATIONAL CITY
October 4, 2016
The Special Meeting of the City Council of the City of National City was called to
order at 5:00 p.m. by Mayor Ron Morrison.
ROLL CALL
Council members present: Cano, Mendivil, Morrison, Rios, Silva, Sotelo-Solis.
CITY COUNCIL
CLOSED SESSION
1. Conference with Legal Counsel — Anticipated Litigation
Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4)
Three Potential Cases
2. Public Employee Appointment
Title: Interim City Attorney
Government Code Section 54957
3. Conference with Legal Counsel — Anticipated Litigation
Significant Exposure to Litigation Pursuant to Government Code Section
54956.9(d)(2) and (e)(1)
One Claim/Potential Case
OPEN SESSION
LABOR RELATIONS CITY ATTORNEY (605-11-1)
4. Resolution No. 2016-152. RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY APPOINTING AN INTERIM CITY ATTORNEY.
(City Attorney)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: The Resolution was adopted by unanimous vote.
5. CLOSED SESSION REPORT
City Attorney Claudia Silva reported that the City Council, by a 5 to 0 vote,
authorized initiation of litigation for the three (3) potential litigation cases in
Item No. 1. There was no report for Item No. 3
1
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Book 98 / Page 171
10-04-2016
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 to be held Tuesday, October 4, 2016 at 6:00 p.m. at the Council Chamber,
National City, California.
City Clerk
The foregoing minutes were approved at the Regular Meeting of April 16, 2019.
Mayor
2
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Book 98 / Page 172
10-04-2016
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 4, 2016
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, Duong, Manganiello, Raulston,
Roberts, Rodriguez, Silva, Stevenson, Vergara, Williams, Ybarra.
Others present: City Treasurer Mitch Beauchamp and Student Representative
Jose Estrada.
PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON
PUBLIC COMMENTS
David Garcia, National City Rotary Club President, spoke in regards to the parking
situation on 24th and 8th Street and asked that there be other options to promote
more use of public transportation. He also thanked the City for partaking in the
upcoming Maytime Band Review.
Sunshine Horton, National City, shared inspirational quotes.
Brian Clapper, National City, invited the Council to the Maytime Band Review
Committee fundraiser reception on October 6th and thanked the City for
cooperating and working hard in the parade.
INTERVIEWS / APPOINTMENTS
BOARDS & COMMISSIONS ADMIN (101-1-1)
1. Interviews and Appointments: Boards & Commissions. (City Clerk)
ACTION: Lance Mirkin and Coyote Moon interviewed.
3
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CITY COUNCIL
CONSENT CALENDAR
Book 98 / Page 173
10-04-2016
ADOPTION OF CONSENT CALENDAR. Item No. 2 (NCMC), Item No. 3
(Minutes), Item Nos. 4 through 10 (Resolution No. 2016-153 through 2016-159),
Item No. 11 (Report), Item Nos. 12 and 13 (Warrant Registers). Motion by Cano,
seconded by Mendivil, to approve the Consent Calendar. Carried by unanimous
vote.
MUNICIPAL CODE 2016 (506-2-31)
2. MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
APPROVING THE WAIVING OF THE READING OF THE TEXT OF THE
ORDINANCES CONSIDERED AT THIS MEETING AND PROVIDING
THAT SUCH ORDINANCES SHALL BE INTRODUCED AND/OR
ADOPTED AFTER A READING OF THE TITLE ONLY. (City Clerk)
ACTION: Approved. See above.
APPROVAL OF MINUTES
3. APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION —
HOUSING OF THE CITY OF NATIONAL CITY OF SEPTEMBER 6, 2016.
(City Clerk)
ACTION: Approved. See above.
CONTRACT (C2016-48)
4. Resolution No. 2016-153. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO
EXECUTE THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
SAN DIEGO ASSOCIATION OF GOVERNMENTS, A CALIFORNIA
PUBLIC AGENCY (SANDAG), ON BEHALF OF THE AUTOMATED
REGIONAL JUSTICE INFORMATION SYSTEM, A CALIFORNIA JOINT
POWERS AGENCY (ARJIS), COLLECTIVELY REFERRED TO HEREIN
AS SANDAG-ARJIS, CONTRIBUTING MEMBER AGENCIES (CMAS)
THAT CONTRIBUTE LAW ENFORCEMENT DATA TO THE ARJIS
ENTERPRISE, AND PARTICIPATING MEMBER AGENCIES (PMAS) FOR
THE USE AND ACCESS OF REGIONAL DATA IN THE AUTOMATED
REGIONAL JUSTICE INFORMATION SYSTEM ENTERPRISE. (Police)
ACTION: Adopted. See above.
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CONSENT CALENDAR (cont.)
GRANT / PUBLIC SAFETY (206-4-27)
5. Resolution No. 2016-154. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE 30-DAY REVIEW
AND PUBLIC COMMENT OF THE NATIONAL CITY POLICE
DEPARTMENT'S GRANT APPLICATION IN THE AMOUNT OF $25,397
TO THE 2016 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE
GRANT (JAG) PROGRAM TO PURCHASE MOTOROLA HANDHELD
RADIOS, AND TACTICAL SWAT VESTS, AND AUTHORIZING THE
ACCEPTANCE OF THE GRANT AWARD, AND AUTHORIZING THE
EXPENDITURE OF GRANT FUNDS. (Police)
ACTION: Adopted. See above.
CONTRACT (C2016-11)
6. Resolution No. 2016-155. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY, 1) INCREASING THE CONTRACT WITH
FORDYCE CONSTRUCTION, INC. IN THE NOT -TO -EXCEED AMOUNT
OF $120,000, FOR A TOTAL NOT -TO -EXCEED CONTRACT AMOUNT
OF $494,077.75, TO PROVIDE ADDITIONAL REPAIRS AND FACILITY
IMPROVEMENTS TO ADDRESS UNFORESEEN CONDITIONS
DISCOVERED DURING CONSTRUCTION OF THE LAS PALMAS PARK
MUNICIPAL POOL/CAMACHO GYM/FIRE STATION 31 IMPROVEMENTS
PROJECT, CIP NO. 16-02; 2) RATIFYING EXECUTION OF CHANGE
ORDER NO. 7 IN THE AMOUNT OF $50,835 TO PROPERLY DISPOSE
OF ASBESTOS AND LEAD -BASED PAINT MATERIALS CONTAINED IN
THE BUNGALOWS LOCATED IN THE PEPPER PARK PARKING LOT;
AND 3) AUTHORIZING THE APPROPRIATION OF $25,000 IN THE FIRE
STATION 31 IMPROVEMENTS CIP EXPENDITURE ACCOUNT FROM
GENERAL FUND FUND BALANCE. (Engineering/Public Works)
ACTION: Adopted. See above.
FINANCIAL MANAGEMENT 2016-2017 (204-1-32)
7. Resolution No. 2016-156. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE ESTABLISHMENT
OF AN APPROPRIATION AND CORRESPONDING REVENUE BUDGET
IN THE AMOUNT OF $8,291.78 FROM THE COUNTY OF SAN DIEGO
LOWER SWEETWATER FIRE PROTECTION DISTRICT "EQUIPMENT
REPLACEMENT PLAN" AND AUTHORIZE THE PURCHASE OF TWO
TREADMILLS FOR THE NATIONAL CITY FIRE DEPARTMENT. (FIRE)
ACTION: Adopted. See above.
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CONSENT CALENDAR (cont.)
PARKING & TRAFFIC CONTROL ADMIN 2016 (801-2-37)
8. Resolution No. 2016-157. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF
80 FEET OF BUS LOADING WITH SIGNAGE, MONDAY TO FRIDAY
FROM 9:OOAM TO 1:OOPM, ON THE WEST SIDE OF "F" AVENUE JUST
SOUTH OF E. 18TH STREET, ADJACENT TO THE STEIN FAMILY
FARM, TO ALLOW FOR LOADING AND UNLOADING OF STUDENTS
DURING FIELD TRIPS (TSC NO. 2016-06). (Engineering/Public Works)
ACTION: Adopted. See above.
PARKING & TRAFFIC CONTROL ADMIN 2016 (801-2-37)
9. Resolution No. 2016-158. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF
40 FEET OF ADDITIONAL RED CURB "NO PARKING" ON THE NORTH
SIDE OF E. 8TH STREET, JUST EAST OF ARCADIA AVENUE, TO
ENHANCE VISIBILITY FOR DRIVERS EXITING ARCADIA AVENUE
ONTO E. 8TH STREET (TSC NO. 2016-07). (Engineering/Public Works)
ACTION: Adopted. See above.
PARKING & TRAFFIC CONTROL ADMIN 2016 (801-2-37)
10. Resolution No. 2016-159. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF A
BLUE CURB HANDICAP PARKING SPACE WITH SIGN IN FRONT OF
THE RESIDENCE AT 127 '/2 W. 12TH STREET (TSC NO. 2016-10).
(Engineering/Public Works)
ACTION: Adopted. See above.
FINANCIAL MANAGEMENT 2016-2017 (204-1-32)
11. Investment transactions for the month ended July 31, 2016. (Finance)
ACTION: Accepted and filed. See above.
WARRANT REGISTER JULY 2016 — JUNE 2017 (202-1-31)
12. Warrant Register #9 for the period of 08/24/16 through 08/30/16 in the
amount of $4,188,630.32. (Finance)
ACTION: Ratified. See above.
WARRANT REGISTER JULY 2016 — JUNE 2017 (202-1-31)
13. Warrant Register #10 for the period of 08/31/16 through 09/06/16 in the
amount of $1,387,773.65. (Finance)
ACTION: Ratified. See above.
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PUBLIC HEARINGS
Member Cano recused himself and left the Chambers prior to consideration of
Item No. 14
CONDITIONAL USE PERMITS 2016 (403-31-1)
14. Continued Public Hearing — Conditional Use Permit for beer and wine sales
at Gama Produce located at 1605 East 4th Street. (Applicant: Susana
Maza) (Case File 2015-28 CUP) (Planning)
RECOMMENDATION: Staff recommends approval of the Conditional Use
Permit.
TESTIMONY: Eight speakers spoke in support of the CUP. Nine
speakers spoke in opposition to the CUP
ACTION: Motion by Sotelo-Solis, seconded by Mendivil, to close the
Public Hearing. Carried by the following vote, to -wit: Ayes: Mendivil,
Morrison, Rios, Sotelo-Solis. Nays: None. Abstain: Cano. Absent:
None.
Motion by Sotelo-Solis, seconded by Rios, to approve the CUP
subject to conditions of approval and based on the findings of the
staff report. Motion failed by the following vote, to -wit: Ayes: Rios,
Sotelo-Solis. Nays: Mendivil, Morrison. Abstain: Cano. Absent:
None.
Member Cano returned to the Council Chamber.
ORDINANCES FOR INTRODUCTION
MUNICIPAL CODE 2016 (506-2-31)
15. AN ORDINANCE OF THE CITY COUNCIL REPEALING CHAPTER 10.18
(BEEKEEPING) AND ADDING CHAPTER 8.34 TO TITLE 8 OF THE
NATIONAL CITY MUNICIPAL CODE TO ALLOW BEEKEEPING IN THE
CITY OF NATIONAL CITY. (APPLICANT CITY -INITIATED) (CASE FILE
2016-05 A) (PLANNING)
TESTIMONY: A representative from Olivewood Gardens National
City, spoke in support.
City Treasurer Mitch Beauchamp pointed out the benefits of having
local honey accessible to residents.
ACTION: Motion by Sotelo-Solis, seconded by Cano, to adopt the
Ordinance. Carried by unanimous vote.
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ORDINANCES FOR ADOPTION
MUNICIPAL CODE 2016 (506-2-31)
16. Ordinance No. 2016-2413. ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY ADDING CHAPTER 2.62 TO THE NATIONAL
CITY MUNICIPAL CODE ADOPTING INFORMAL BIDDING
PROCEDURES UNDER THE CALIFORNIA UNIFORM PUBLIC
CONSTRUCTION COST ACCOUNTING ACT (CUPCCAA).
(Engineering/Public Works)
RECOMMENDATION: Adopt the Ordinance.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Cano, to adopt the
Ordinance. Carried by unanimous vote.
NON CONSENT RESOLUTIONS
ENGINEERING / PUBLIC WORKS DEPT - GRANTS / REPORTS ADMIN (1104-
1-1
17. Resolution No. 2016-160. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY ADOPTING INFORMAL BIDDING
PROCEDURES UNDER THE CALIFORNIA UNIFORM PUBLIC
CONSTRUCTION COST ACCOUNTING ACT AND THOSE ADDITIONAL
ACCOUNTING PROCEDURES ESTABLISHED BY THE CALIFORNIA
UNIFORM CONSTRUCTION COST ACCOUNTING COMMISSION.
(Engineering/Public Works)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Cano, to adopt the
Resolution. Carried by unanimous vote.
NEW BUSINESS
CITY MANAGER / REPORTS ADMIN (1104-1-12)
BOARDS & COMMISSIONS ADMIN (101-1-1)
18. City Manager Working Group Report and Recommendation on the Creation
of a Military Advisory Committee. (City Manager)
RECOMMENDATION: City Council accept the report and authorize the
creation of a Military Advisory Committee.
TESTIMONY: Armando Tellez, Military Advisory Committee, spoke
on the importance of continuing the representation and support of
veterans and military community year-round.
Written correspondence was received from Shirley Ferrill and Victor
Barajas in support.
ACTION: Motion by Rios, seconded by Sotelo-Solis, to approve staff
recommendation within the provisions of State law. Carried by
unanimous vote.
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NEW BUSINESS (cont.)
LEAGUE OF CA CITIES ADMIN (104-2-1)
19. City Council Review of League of California Cities 2016 Annual Conference
Resolution. (City Manager)
RECOMMENDATION: City Council consider the League's Resolution and
determine National City's position so that our voting delegates can
represent the City's position during the League conference from October 5-
7 in Long Beach, CA.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Cano, to approve
staff recommendation. Carried by unanimous vote.
BOARDS & COMMISSIONS ADMIN (101-1-1)
20. Report from the Civil Service Commission to the City Council of the City of
National City. (Human Resources)
RECOMMENDATION: Accept and file report.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Cano, to file the
report. Carried by unanimous vote.
COUNCIL MEETINGS REGS / SCHEDULE ADMIN (102-7-1)
21. Dispensing with the January 3, 2017 Regular Meeting of the City Council
and Community Development Commission - Housing Authority of the City
of National City. (City Clerk)
RECOMMENDATION: Adopt a motion dispensing with the
January 3, 2017 Regular Meeting of the City Council and Community
Development Commission — Housing Authority of the City of National City.
TESTIMONY: None.
ACTION: Motion by Mendivil, seconded by Cano, to approve staff
recommendation. Carried by unanimous vote.
B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY
NON CONSENT RESOLUTIONS — HOUSING AUTHORITY
Member Sotelo-Solis recused herself from participating in consideration of Item
No. 22 pending advice from the FPPC regarding her employment with a non-profit
entity that may in the future be involved in similar housing projects.
Member Sotelo-Solis left the Chambers at 8:35 p.m.
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NON CONSENT RESOLUTIONS — HOUSING AUTHORITY (cont.)
CONTRACT (C2016-49)
HOUSING AUTHORITY 2016 (404-1-5)
22. Resolution No. 2016-42. RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION -HOUSING AUTHORITY OF THE CITY
OF NATIONAL CITY AUTHORIZING THE EXECUTIVE DIRECTOR TO
EXECUTE AN EXCLUSIVE NEGOTIATING AGREEMENT (ENA) BY AND
BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION -HOUSING
AUTHORITY OF THE CITY OF NATIONAL CITY AND COMMUNITY
HOUSINGWORKS, INC., A CALIFORNIA NON-PROFIT PUBLIC BENEFIT
CORPORATION, AND MERCY HOUSING CALIFORNIA, INC., A
CALIFORNIA NON-PROFIT PUBLIC BENEFIT CORPORATION FOR THE
RECAPITALIZATION AND REHABILITATION OF KIMBALL AND
MORGAN TOWERS LOCATED AT 1317 AND 1415 D AVENUE IN
NATIONAL CITY. (Housing & Economic Development)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: Mary Jane Jagodzinski, Community HousingWorks,
gave a presentation and discussed Morgan and Kimball Towers and
her organization's involvement and background.
Doug Shoemaker, Mike Liebe, and Jonathan Wolf, Mercy Housing,
covered background on operating, resident services and property
management aspects of their organization.
Anne Wilson and Carmen Amigon, Community HousingWorks, made
concluding remarks about the importance of senior housing in the
City and the advantages of the Exclusive Negotiating Agreement
process (ENA).
Walter Heiberg, representing Chelsea Investments, provided
background on his organization; spoke against the Resolution and
suggested a different selection process such as a sub -committee of
the City Council or a Request for Proposal (RFP).
Paul Downey, representing Serving Seniors, provided background
on his organization; concurred with Mr. Heiberg and suggested doing
a modified RFP and asking all the competing organizations to
present their financial model.
Mohsen Sasabe, Encinitas, spoke in support and appreciation for
Mercy Housing.
Colin Rice, representing Morgan -Kimball Community Partners, urged
the Council to reject the staff recommendation due to the staff
process and recommendation being fundamentally flawed.
Judy Moreno and Patricia Britt, Encinitas, spoke in support of Mercy
Housing.
Brian Clapper, National City, spoke in support of the RFP process.
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NON CONSENT RESOLUTIONS — HOUSING AUTHORITY (cont.)
CONTRACT (C2016-49)
HOUSING AUTHORITY 2016 (404-1-5)
22. Resolution No. 2016-42 (continued).
TESTIMONY (cont.): Mitch Thompson, Applicant, partner in the
Morgan Community Partner Group, said he believes that the staff
recommendations were flawed and questioned how the Council is
able to make a decision based on a flawed evaluation process.
Rosalia Salinas, Community Housing Works Board Member, asked
the Council to consider supporting the staff recommendation to
rehabilitate Kimball Morgan Towers.
Juan Gallegos, National City, spoke in support of Community
Housing Works.
Ken Seaton-Msemaji, National City, spoke in support of rehabilitating
Kimball Morgan Towers and using the RFP process.
Lisa Cuestas, Casa Familiar, briefed the Council on Casa Familiar
and shared concerns over selection process and disappointment that
Casa Familiar was ranked last on the recommendation list.
Roberto Garcia, National City Planning Commissioner, spoke in
support of the staff recommendation.
Erin Panichkul, Environmental Health Coalition, spoke in support of
Community Housing Works.
Sue Reynolds, Community Housing Works, spoke in support of
staff's recommendation.
ACTION: Motion by Morrison, seconded by Cano, to hold a Special
Meeting on October 25, 2016 at 5:00 p.m. to hear the same 20-
minute presentations under the same guidelines, and review the
same written materials from all five (5) responders that were made to
the selection committee. Motion carried by the following vote, to -wit:
Ayes: Cano, Mendivil, Morrison, Rios. Nays: None. Abstain: Sotelo-
Solis. Absent: None.
Member Sotelo-Solis returned to the Chamber at 10:35 p.m.
C. REPORTS
STAFF REPORTS
CITY ATTORNEY REPORTS (509-1-3)
23. City Attorney Claudia Silva expressed her gratitude and appreciation to the
Council, staff and public for the honor and privilege of serving as
City Attorney for the past 6 years and reviewed many of the highlights and
accomplishments during her tenure. (City Attorney)
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MAYOR AND CITY COUNCIL
Member Mendivil expressed his excitement and thanked staff for rolling out the
`Together We Can' program and encouraged the Council and community to be
engaged.
Member Sotelo-Solis congratulated City Attorney Silva on her new position as
Deputy County Council for the County of San Diego; commented on the
earthquake warnings and encouraged everyone to prepare themselves and
offered her condolences to the family from El Cajon who suffered a tragic loss.
Member Rios informed the City Council that about a dozen members of American
Legion Post 255 members went out and collected trash and wanted the Council to
know that they are doing their part to clean up National City. She announced that
Saturday November 5th will be a bulky trash item collection day
Member Cano announced that he attended the 'Use of Lethal Force' training and
said that a lot of people were against it. He thanked the Chief of Police and his
staff for their good work.
Mayor Morrison commended everyone for pulling together irrespective of the
unfortunate series of events that occurred the previous week. He announced
upcoming events such as the Maytime Band Review, Salute to the Navy,
State of the City, and Day of the Dead.
CLOSED SESSION REPORT
City Attorney Claudia Silva stated that Council met in Closed Session and
authorized initiation of litigation on three (3) matters. Each one was on a 5-0 vote.
There was nothing to report on the last item. (See attached Exhibit `L')
ADJOURNMENT
Motion by Sotelo-Solis, seconded by Rios, to adjourn the meeting to the next
Regular Meeting of the City Council and Community Development Commission —
Housing Authority of the City of National City to be held Tuesday,
October 18, 2016 at 6:00 p.m. at the Council Chambers, National City, California.
Carried by unanimous vote.
The meeting closed at 11:02 p.m.
City Clerk
The foregoing minutes were approved at the Regular Meeting of April 16, 2019.
Mayor
12
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EXHIBIT `L'
CALIFORNIA
NATI 'S NAL Mr
� nvy
INnnn n..o wm4!D
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 4, 2016 — 5:00 p.m.
ROLL CALL
CITY COUNCIL
CLOSED SESSION
1. Conference with Legal Counsel — Anticipated Litigation
Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4)
Three Potential Cases
2. Public Employee Appointment
Title: Interim City Attorney
Government Code Section 54957
3. Conference with Legal Counsel — Anticipated Litigation
Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2) and
(e)(1)
One Claim/Potential Case
OPEN SESSION
4. Resolution of the City Council of the City of National City appointing an Interim City Attorney.
(City Attorney)
5. Closed Session Report
ADJOURNMENT
Next Regular City Council Meeting: Tuesday, October 4, 2016, 6:00 p.m., Council Chambers, Civic
Center
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DRAFT DRAFT DRAFT
MINUTES OF THE SPECIAL MEETING OF THE
CITY COUNCIL OF THE CITY OF NATIONAL CITY
January 22, 2019
The Special Meeting of the City Council of the City of National City was called to order at
5:03 p.m. by Mayor / Chairwoman Alejandra Sotelo-Solis.
ROLL CALL
Council / Board members present: Cano, Morrison, Rios, Sotelo-Solis.
Administrative Officials present: Dalla, Deese, Morris -Jones, Yano.
CITY COUNCIL
OPEN SESSION
PUBLIC COMMENTS — None.
Members retired into Closed Session at 5:03 p.m.
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)
Stephen Miranda v. City of National City, et al.
SDSC Case No. 37-2017-00050087-CU-PO-CTL
3. Conference with Legal Counsel — Potential Litigation: One case
Potential Litigation Pursuant to Government Code Section 54956.9(e)(1)
4. 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
5. 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
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Book 101 / Page 5
01-22-2019
ADJOURNMENT
Next Adjourned Regular City Council Meeting: Tuesday, January 22, 2019 - 6:00 p.m.,
City Council Chambers, Civic Center — National City, California.
City Clerk
The foregoing minutes were approved at the Adjourned Regular Meeting of
April 16, 2019.
Mayor
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Book 101 / Page 6
01-22-2019
DRAFT DRAFT DRAFT
MINUTES OF THE ADJOURNED REGULAR MEETING OF THE
CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION —
HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY
January 22, 2019
The Regular Meeting of the City Council and Community Development
Commission — Housing Authority of the City of National City was called to order at
6:00 p.m. by Mayor / Chairwoman Alejandra Sotelo-Solis.
ROLL CALL
Council / Board members present: Cano, 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 STUDENT REPRESENTATIVE
DANIELLE CRUZ
ADDITIONAL ITEM ADDED
PROCLAMATION AND CERTIFICATE ADMIN (102-2-1)
The Mayor and Council presented Certificates of Adjournment/Memorial
Certificates in honor and memory of Library Board of Trustees Board member
Ms. Gloria Bird and Ms. Ruth Goldschmiedova Sax to family members. Mayor
Sotelo-Solis read the highlights of each recipient's achievements.
PUBLIC COMMENTS
Joan Rincon, National City, spoke on issues regarding regulation of rented electric
scooters in National City.
PROCLAMATIONS AND CERTIFICATES
PROCLAMATION AND CERTIFICATE ADMIN (102-2-1)
1. First 2019 Baby Born in San Diego County from National City
2. Human Trafficking Awareness Month
AWARDS AND RECOGNITIONS
COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2019
(102-10-14)
3. Introduction of New Employee - Karim Galeana, Finance Manager.
(Finance)
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01-22-2019
AWARDS AND RECOGNITIONS (cont.)
COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2019
(102-10-14)
4. Retiree Service Recognition - Tiny Tots Teachers Debbie Shinn and Sharon
Johnson. (Community Services)
PRESENTATIONS
COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2019
(102-10-14)
5. National City's Safe Routes to School Program - Rady Children's Hospital -
San Diego. (Engineering/Public Works)
COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2019
(102-10-14)
6. Road to 2020 Census - Roberto Garcia, Partnership Specialist, San Diego
County, U.S. Census Bureau. (City Manager)
COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2019
(102-10-14)
7. Update on Port of San Diego Activity (City Manager)
COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2019
(102-10-14)
8. 11th Annual "A Kimball Holiday", Reindeer Dash and Neighborhood Council
Breakfast with Santa, held on December 7 and 8, 2018. (Community
Services)
CITY COUNCIL
CONSENT CALENDAR
ADOPTION OF CONSENT CALENDAR. Item No. 9 (NCMC), Item No. 10
(Minutes), Item Nos. 11 through 16 (Resolution Nos. 2019-01 through 2019-06),
Item No. 17 (Temporary Use Permit), Item Nos. 18 through 21
(Warrant Registers). Motion by Morrison, seconded by Cano, to approve the
Consent Calendar. Carried by unanimous vote.
MUNICIPAL CODE 2019 (506-2-34)
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.
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CONSENT CALENDAR (cont.)
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
JULY 17, 2018 AND THE ADJOURNED REGULAR MEETINGS OF THE
CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION -
HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF
JULY 18, 2018 AND JULY 24, 2018 AND THE SPECIAL MEETINGS OF
THE CITY COUNCIL OF THE CITY OF NATIONAL CITY OF
AUGUST 20, 2018 AND JANUARY 7, 2019. (City Clerk)
ACTION: Approved. See above.
CONTRACT (C2012-30)
11. Resolution No. 2019-01. RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY APPROVING A FIRST AMENDMENT TO THE
AGREEMENT WITH RADY CHILDREN'S HOSPITAL — SAN DIEGO TO
PROVIDE SUPPORT SERVICES FOR NATIONAL CITY'S SAFE ROUTES
TO SCHOOL (SRTS) PROGRAM, INCREASING THE NOT -TO -EXCEED
AMOUNT OF THE AGREEMENT BY $300,000, FOR A TOTAL
AGREEMENT AMOUNT OF $600,000, AND EXTENDING THE TERM OF
THE AGREEMENT TO FEBRUARY 15, 2022; AND AUTHORIZING THE
MAYOR TO EXECUTE THE AMENDMENT TO AGREEMENT.
(Engineering/Public Works)
TESTIMONY: Joan Rincon, National City, said that any contract of a
certain size in terms of money should be voted separately; praised
the Rady Children's Hospital staff for their presentation and provided
cost -saving suggestions.
ACTION: Adopted. See above.
DEED (D2019-01)
12. Resolution No. 2019-02. RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY ACCEPTING AND APPROVING THE
RECORDATION OF A GRANT DEED FROM SILVERGATE PLAZA
INVESTORS, LLC FOR A STREET EASEMENT FOR A PORTION OF
PLAZA BOULEVARD LOCATED AT 1640 E. PLAZA BOULEVARD
(APN 557-410-20). (Engineering/Public Works)
ACTION: Adopted. See above.
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Book 101 / Page 9
01-22-2019
CONSENT CALENDAR (cont.)
ENGINEERING / PUBLIC WORKS DEPT - GRANTS / REPORTS ADMIN
(1104-1-1)
13. Resolution No. 2019-03. RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY ADOPTING AN UPDATED QUALITY
ASSURANCE PROGRAM (QAP) THAT PROVIDES SAMPLING AND
TESTING PROCEDURES TO ENSURE THAT MATERIALS
INCORPORATED INTO CONSTRUCTION PROJECTS ARE IN
CONFORMANCE WITH THE CONTRACT SPECIFICATIONS AND
CALTRANS REQUIREMENTS FOR FEDERAL -AID PROJECTS.
(Engineering/Public Works)
ACTION: Adopted. See above.
CONTRACT (C2015-49)
14. Resolution No. 2019-04. RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY APPROVING A TWO-YEAR AGREEMENT
WITH AIR QUALITY COMPLIANCE SOLUTIONS, INC., DBA; RELY
ENVIRONMENTAL FOR A NOT -TO -EXCEED AMOUNT OF $300,000 TO
PROVIDE ON -CALL ENVIRONMENTAL COMPLIANCE MANAGEMENT
SERVICES INVOLVING WATER QUALITY, AIR QUALITY, AND
HAZARDOUS MATERIALS; AND AUTHORIZING THE MAYOR TO
EXECUTE THE AGREEMENT. (Engineering/Public Works)
ACTION: Adopted. See above.
FIRE DEPT ADMIN (305-1-1)
15. Resolution No. 2019-05. RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY APPROVING THE WAIVING OF THE FORMAL
BID PROCESS PURSUANT TO NATIONAL CITY MUNICIPAL CODE
SECTION 2.60.220 (B) FOR THE SOLE SOURCE PURCHASE OF 24
SETS OF NATIONAL FIRE PROTECTION ASSOCIATION (NFPA) CODE
NO. 1851 COMPLIANT LION BRAND TURNOUT GEAR FROM ALLSTAR
FIRE EQUIPMENT FOR THE FIRE DEPARTMENT IN THE AMOUNT OF
$61,000.59. (Fire)
ACTION: Adopted. See above.
CONTRACT (C2018-15)
16. Resolution No. 2019-06. RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY APPROVING A FIRST AMENDMENT TO THE
AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND MEYERS
NAVE, RIBACK, SILVER & WILSON, A PROFESSIONAL LAW
CORPORATION, TO INCREASE THE AMOUNT BY $100,000, FOR THE
NOT TO EXCEED TOTAL AMOUNT OF $150,000, TO PROVIDE LEGAL
SERVICES IN THE SPECIALIZED AREA OF LABOR LAW, AND
APPROVING AN APPROPRIATION IN THE AMOUNT OF $60,000 TO
THE GENERAL FUND NON -DEPARTMENTAL PROFESSIONAL
SERVICES FROM THE GENERAL FUND FUND BALANCE.
(Human Resources)
ACTION: Adopted. See above.
19
53 of 348
Book 101 / Page 10
01-22-2019
CONSENT CALENDAR (cont.)
TEMPORARY USE PERMITS 2019 (203-1-35)
17. Temporary Use Permit — Inflatable Event hosted by Fun Inflatable Slides at
Westfield Plaza Bonita Mall from March 1, 2019 thru August 25, 2019 with
no waiver of fees. (Neighborhood Services)
ACTION: Adopted. See above.
WARRANT REGISTER JULY 2018 - JUNE 2019 (202-1-33)
18. Warrant Register #21 for the period of 11/14/18 through 11/20/18 in the
amount of $1,955,739.55. (Finance)
ACTION: Ratified. See above.
WARRANT REGISTER JULY 2018 - JUNE 2019 (202-1-33)
19. Warrant Register #22 for the period of 11/21/18 through 11/27/18 in the
amount of $305,820.31. (Finance)
ACTION: Ratified. See above.
WARRANT REGISTER JULY 2018 - JUNE 2019 (202-1-33)
20. Warrant Register #23 for the period of 11/28/18 through 12/04/18 in the
amount of $4,411,033.38. (Finance)
ACTION: Ratified. See above.
WARRANT REGISTER JULY 2018 - JUNE 2019 (202-1-33)
21. Warrant Register #24 for the period of 12/05/18 through 12/11/18 in the
amount of $1,328,774.64. (Finance)
ACTION: Ratified. See above.
PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS
PLANNING & BUILDING DEPT ADMIN (1104-1-10)
22. Resolution No. 2019-07. PUBLIC HEARING AND ADOPTION OF A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY, CALIFORNIA, MAKING A FINDING OF NO SIGNIFICANT
ENVIRONMENTAL EFFECT FOR A GENERAL PLAN AMENDMENT,
ZONE CHANGE, AND TENTATIVE SUBDIVISION MAP FOR THE
REZONING OF PROPERTY AT EAST 16TH STREET AND M AVENUE
FROM SMALL LOT RESIDENTIAL (RS-2) TO MEDIUM -DENSITY
MULTI -UNIT RESIDENTIAL (RM-1) IN ORDER TO CONSTRUCT A
29-UNIT RESIDENTIAL DEVELOPMENT AND AUTHORIZING THE
FILING OF A NOTICE OF DETERMINATION. (Applicant: Ralph Gonzales)
(Case File No. 2017-04 IS) (Planning)
RECOMMENDATION: Certify the Mitigated Negative Declaration.
TESTIMONY: None.
20
54 of 348
Book 101 / Page 11
01-22-2019
PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS (cont.)
PLANNING & BUILDING DEPT ADMIN (1104-1-10)
22. Resolution No. 2019-07 (continued).
ACTION: Motion by Morrison, seconded by Cano, to close the
Public Hearing. Carried by the following vote, to -wit: Ayes: Morrison,
Rios, Sotelo-Solis. Nays: Cano. Abstain: None. Absent: None.
Motion by Morrison, seconded by Rios, to adopt the Resolution and
certify the Mitigated Negative Declaration. Carried by the following
vote, to -wit: Ayes: Morrison, Rios, Sotelo-Solis. Nays: Cano. Abstain:
None. Absent: None.
PLANNING & BUILDING DEPT ADMIN (1104-1-10)
23. Resolution No. 2019-08. PUBLIC HEARING AND ADOPTION OF A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY, CALIFORNIA, APPROVING A GENERAL PLAN AMENDMENT AND
TENTATIVE SUBDIVISION MAP FOR THE REZONING OF PROPERTY
AT EAST 16TH STREET AND M AVENUE FROM SMALL LOT
RESIDENTIAL (RS-2) TO MEDIUM -DENSITY MULTI -UNIT RESIDENTIAL
(RM-1) IN ORDER TO CONSTRUCT A 29-UNIT RESIDENTIAL
DEVELOPMENT AND AUTHORIZING THE FILING OF A NOTICE OF
DETERMINATION. (Applicant: Ralph Gonzales) (Case File No. 2017-04
GPA, S) (Planning)
RECOMMENDATION: Approve the General Plan Amendment, Zone
Change, and Tentative Subdivision Map.
TESTIMONY: None.
ACTION: This item was tabled until February 5th to add
recommended findings and conditions. There was no vote taken.
MUNICIPAL CODE 2019 (506-2-34)
24. PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING A ZONE CHANGE FROM SMALL LOT RESIDENTIAL (RS-2)
TO MEDIUM -DENSITY MULTI -UNIT RESIDENTIAL (RM-1) FOR
A 29-UNIT RESIDENTIAL DEVELOPMENT PROPERTY AT PROPERTY
LOCATED AT EAST 16TH STREET AND M AVENUE.
(Applicant: Ralph Gonzales) (Case File No. 2017-04 ZC) (Planning)
RECOMMENDATION: Approve the Zone Change.
TESTIMONY: None.
ACTION: Motion by Morrison, seconded by Rios, to close the Public
Hearing. Carried by the following vote, to -wit: Ayes: Morrison, Rios,
Sotelo-Solis. Nays: Cano. Abstain: None. Absent: None.
Motion by Morrison, seconded by Rios, to introduce the Ordinance.
Carried by the following vote, to -wit: Ayes: Morrison, Rios, Sotelo-
Solis. Nays: Cano. Abstain: None. Absent: None.
21
55 of 348
Book 101 / Page 12
01-22-2019
PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS (cont.)
MUNICIPAL CODE 2019 (506-2-34)
24. PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE (continued)
City Attorney Morris -Jones clarified that this was introduction of the
Ordinance only and there will be a second reading on February 5th for the
actual adoption.
RECESS
A five-minute recess was called at 8:15 p.m.
The meeting was called to order at 8:20 p.m. All members were present.
MUNICIPAL CODE 2019 (506-2-34)
25. Ordinance No. 2019-2454. PUBLIC HEARING AND ADOPTION OF AN
URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY ADOPTED PURSUANT TO GOVERNMENT CODE
SECTIONS 36931 AND 36937 AS AN URGENCY MEASURE TO TAKE
EFFECT IMMEDIATELY, AMENDING NATIONAL CITY MUNICIPAL
CODE CHAPTERS 10.70 AND 10.79 OF TITLE 10 (PUBLIC PEACE,
MORALS AND SAFETY) RELATED TO POLICE REGULATED BUSINESS
REGULATIONS AND MASSAGE ESTABLISHMENTS. (City Attorney)
RECOMMENDATION: Conduct the Public Hearing and adopt the Urgency
Ordinance.
TESTIMONY: None.
ACTION: Motion by Morrison, seconded by Cano, to close the Public
Hearing. Carried by unanimous vote.
Motion by Morrison, seconded by Rios, to adopt the Ordinance with
urgency findings. Carried by unanimous vote.
City Attorney Morris -Jones clarified that since this is an Urgency
Ordinance, and it becomes effective immediately.
MUNICIPAL CODE 2019 (506-2-34)
26. Ordinance No. 2019-2455. PUBLIC HEARING AND ADOPTION OF AN
URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY ADOPTED PURSUANT TO GOVERNMENT CODE
SECTIONS 6931 AND 36937 AS AN URGENCY MEASURE TO TAKE
EFFECT IMMEDIATELY, AMENDING NATIONAL CITY MUNICIPAL
CODE SECTIONS 18.30.030 (ADULT ORIENTED BUSINESSES) AND
18.50.010 (GLOSSARY) OF TITLE 18 (ZONING) RELATED TO MASSAGE
ESTABLISHMENTS AND ADDING SECTION 18.30.370 TO TITLE 18
RELATED TO MASSAGE ESTABLISHMENTS. (City Attorney)
RECOMMENDATION: Conduct Public Hearing and adopt the Urgency
Ordinance.
TESTIMONY: None.
22
56 of 348
Book 101 / Page 13
01-22-2019
PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS (cont.)
MUNICIPAL CODE 2019 (506-2-34)
26. Ordinance No. 2019-2455 (continued).
ACTION: Motion by Rios, seconded by Cano, to close the Public
Hearing. Carried by unanimous vote.
Motion by Rios, seconded by Morrison, to adopt the Ordinance with
urgency findings made. Carried by unanimous vote.
NON CONSENT RESOLUTIONS
FIRE DEPT ADMIN (305-1-1)
27. Resolution No. 2019-09. RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY APPROVING THE SQUAD PROGRAM AS A
PERMANENT EMERGENCY SERVICE DELIVERY MODEL FOR THE
NATIONAL CITY FIRE DEPARTMENT. (Fire)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None
ACTION: Motion by Rios, seconded by Morrison, to adopt the
Resolution. Carried by unanimous vote.
COUNCIL POLICY ADMIN (102-13-1)
28. Resolution No. 2019-10. RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY AMENDING CITY COUNCIL POLICY #901,
ENTITLED "MANAGEMENT OF REAL PROPERTY" TO CLARIFY
PROCEDURES FOR THE DISPOSITION OF SURPLUS REAL
PROPERTY AND FOR THE SALE, LEASE, AND RENTAL OF CITY -
OWNED REAL PROPERTY. (Housing and Economic Development)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Cano, seconded by Morrison, to adopt the
Resolution. Carried by unanimous vote.
NEW BUSINESS
CONDITIONAL USE PERMITS 2019 (403-32-3)
29. Notice of Decision — Planning Commission approval of a Conditional Use
Permit for beer and wine sales at an existing restaurant (Los Tito's) located
at 917 South Euclid Avenue. (Danny Damian) (Case File 2018-13 CUP)
(Planning)
RECOMMENDATION: Approve the Conditional Use Permit and file the
Notice.
TESTIMONY: None.
ACTION: Motion by Cano, seconded by Morrison, to accept and file
the Notice of Decision. Carried by unanimous vote.
23
57 of 348
Book 101 / Page 14
01-22-2019
NEW BUSINESS (cont.)
FINANCIAL MANAGEMENT 2018-2019 (204-1-34)
30. Presentation of the City of National City's fiscal year 2020 budget priorities.
(Finance)
FINANCIAL MANAGEMENT 2018-2019 (204-1-34)
31. Fiscal Year 2018 and 1st Quarter Fiscal Year 2019 Budget Review.
(Finance)
CITY MANAGER / REPORTS ADMIN (1104-1-12)
32. A Brown Act report regarding the City Manager executing a two-year
Employment Agreement between the City of National City and Robert J.
Meteau for the position of Human Resources Director with an annual base
salary of $150,018. (City Manager)
C. REPORTS
STAFF REPORTS
CITY MANAGER / REPORTS ADMIN (1104-1-12)
33. Open House - "Meet Your City Officials" to be held from 4:00 p.m. to 6:00
p.m. on January 29, 2019. (City Manager)
HOUSING & ECONOMIC DEVELOPMENT (206-4-28)
34. Report of Impacts of partial federal government shutdown on Housing
Choice Voucher Program. (Housing & Economic Development)
MAYOR AND CITY COUNCIL / OTHER ELECTED OFFICIALS
City Treasurer Mitch Beauchamp said that closing the meeting in Mrs. Bird's honor
was a great thing. He added that the ISO rating improvement permeates the cost
for businesses and gave kudos to Director of Emergency Services Frank Parra.
He suggested keeping the pension issue in mind and to be careful with the budget.
Member Rios read an email on behalf of Student Council Representative Danielle
Cruz in regards to accidents and other safety issues near Sweetwater High
School.
Motion made by Rios, seconded by Morrison, to request a resolution be placed on
the February 5th agenda for discussion and possible action regarding support for
the 2020 census. Carried by unanimous vote.
Member Rios invited everyone to a free grand opening ceremony and community
celebration to join SANDAG, MTS, Caltrans, and the City of Chula Vista, to
celebrate the launch of the full service South Bay Rapid line.
24
58 of 348
Book 101 / Page 15
01-22-2019
MAYOR AND CITY COUNCIL / OTHER ELECTED OFFICIALS (cont.)
Member Rios also announced that the Chamber of Commerce's City champions,
Steve Manganiello and Martin Reeder, will be recognized and presented an award
on Friday, at their annual installation dinner and shared her "Meet with Mona"
schedule that is held on Wednesdays from 10 a.m.-1 p.m.
Mayor Sotelo-Solis thanked everyone for a great meeting, the City Attorney and
City Manager for briefing her for her first meeting and staff for helping out at the
swearing -in ceremony in December and thanked Public Works and Public Safety
staff for their work during furlough and the rainy season. She reminded everyone
of the Open House next week and the City Council vacancy interviews and
announced that she intends to initiate a mayoral Blue Ribbon Advisory Council on
housing with the goal to host a town hall forum
Motion by Sotelo-Solis, seconded by Cano, to bring back for discussion on
February 5th, the mayoral Blue Ribbon Advisory Council with the goal to host a
town hall forum. Carried by unanimous vote.
CLOSED SESSION REPORT
City Attorney Angil-Morris Jones reported that in regards to Item No. 4, direction
and authorization was given by a 4-0 vote. (See attached Exhibit `L')
ADJOURNMENT
The meeting was adjourned in honor of Mrs. Gloria Bird and Ms. Ruth
Goldschmiedova Sax.
Motion by Morrison, seconded by Rios, to adjourn the meeting to the next Regular
Meeting of the City Council and Community Development Commission - Housing
Authority of the City of National City - Tuesday — February 5, 2019 - 6:00 p.m. -
Council Chambers - National City, California. Carried by unanimous vote.
Special Meeting to conduct Interviews to fill a City Council vacancy to be held on
Tuesday, January 29, 2019 - 6:00 p.m. - Council Chamber - National City,
California.
The meeting closed at 10:02 p.m.
City Clerk
The foregoing minutes were approved at the Regular Meeting of April 16, 2019.
Mayor
25
59 of 348
EXHIBIT `L'
L
CALIFORNIA -0
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, January 22, 2019 — 5:00 p.m.
ROLL CALL
CITY COUNCIL
OPEN SESSION
CALL TO ORDER
ROLL CALL
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)
Stephen Miranda v. City of National City, et al.
SDSC Case No. 37-2017-00050087-CU-PO-CTL
3. Conference with Legal Counsel — Potential Litigation: One case
Potential Litigation Pursuant to Government Code Section 54956.9(e)(1)
4. 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
5. 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
ADJOURNMENT
Next Adjourned Regular City Council Meeting: Tuesday, January 22, 2019, 6:00 p.m., City Council
Chambers, Civic Center — National City, California.
26
60 of 348
CC/CDC-HA Agenda
4/16/2019 — Page 61
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 Super Duty F-450 DRW (X4G) Stencil Truck in an
amount not to exceed $124,671.85. (Engineering/Public Works)
Please scroll down to view the backup material.
61 of 348
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: 'April 16, 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 Super Duty F-450
DRW (X4G) Stencil Truck in an amount not to exceed $124,671.85.
PREPARED BY: 1Ray Roberson, Management Analyst II
PHONE:
(619) 336-4583
EXPLANATION:
See attached explanation.
DEPARTMENT: Eng,ifi Bring/Public Works
APPROVED BY:
FINANCIAL STATEMENT: APPROVED:
ACCOUNT NO. APPROVED:
644-416-221-511-0000 (Equipment Replacement Reserve): $124,671.85
$766,313.58 is appropriated in the FY2019 budget for Engineering/Public Works Department Streets vehicles.
ENVIRONMENTAL REVIEW:
N/AN
Finance
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
MIS
STAFF RECOMMENDATION:
Adopt Resolution awarding the purchase and build -out of one (1) 2019 Ford Super Duty F-450 DRW
(X4G) Stencil Truck for the National City Engineering/Public Works Department.
BOARD / COMMISSION RECOMMENDATION:
N/Aj
ATTACHMENTS:
1. Explanation
2. Quotes
3. Sourcewell Contract #120716-NAF
4. Resolution
62 of 348
Explanation:
The current stencil truck used by the City Public Works Streets Division has exceeded
its useful life and is scheduled to be replaced. Staff desires to purchase a new 2019
Ford Super Duty F-450 DRW (X4G) Stencil Truck. 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-450 DRW (X4G) Stencil
Truck.
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 Super Duty F-450 DRW (X4G) Stencil Truck to National Auto Fleet
Group in an amount not to exceed $124,671.85, consistent with Section 2.60.260 of the
National City Municipal Code regarding cooperative purchasing, by piggybacking onto
the Sourcewell Contract #120716-NAF.
The funding to purchase this vehicle was approved by City Council through adoption of
the FY 2019 annual budget.
63 of 348
NigatiOrt ^LAU,
P1ia+a rer&ip
q di fwknn >>tCfinvrnlnt..$ V +ikcunvUka.
Quote Date: 2/27/19
Agency: CITY OF NATIONAL CITY
C.ontai:: TONY GAUT
=.uorl.,>st 1726 WILSON AVE
NATIONAL, CITY, C'A 91950
;, fi uric:: 619-336.4589
TGAUT@NATIONALCITYCA.GOV
National Auto Fleet' Group is pleased to submit the following quotation for your consideration:
Qty
Line
Item
Option It
Description
Unit Price
Extended
1
2019 FORD SUPER DUTY F450 DRW (X4G)
$ 40,507.74
th g ,4WO
SUPER CAB 192" WB.84" CA
ROADLINE STENCIL TRUCK
$ 74,125 00
' ;+ itai9ll
i ✓ 4 'tat'P1.1
..
.. ..
vPd gat ' 1t1
3 li' Y'14.4
i&7YCY�.i�2iix1=
� Ir•' iry'
Subtotal
,z. s o.,(L, � s
,f o 4y:
Sales Tax 8.7.5 %
j. 4 . MY
?€ , :,
Tire Fee
$ 8.75
ANA1s1°
DMV Fees (approx.) .. .
4 a9: lF
Delivery to
t,ai4t
TOTAL PURCHASE ORDER AMOUNT
`$ ,2.F7za ..0,
s%I: ,
Notes:
Please refer to attached specifications
This price Is available under the National Auto Fleet Group Contract Number 120716-NAF. Please
reference this bid number on all purchase orders to National Auto Fleet Group.
Terms:
Delivery:
Quoted by;
Net 30 Days, after receipt of vehicle.
Clarke Cooper, Fleet Manager (626) 457-5590
1247 W. Main St., Alhambra, CA. 91801
64 of 348
Clt� survtue, LIMA (=Ivor Amer
rage 01: 25
.2019 Fleet/Non-Retail Ford Super Duty F-450 DRW XL 2WD
SuperCab 192" WB 84" CA
WINDOW STICKER
2019 Ford Super Duty F-450 DRW XL 2WD SuperCab 192" WB 84" CA
CODE MODEL MSRP
X4G 2019 Ford. Super Duty F-450 DRW XL 2WD SuperCab 192" WB 84" CA $40,500,00
OPTIONS
99Y ENGINE: OIL 3-VALVE SOHC EFI NA V10, (STD) $0,00
44P TRANSMISSION: TORQSHIFT 6-SPEED AUTOMATIC (6R140), -Inc: SelectShift (STD) $0.00
TFl3 TIRES: 226/70RX19.5G BSW AS, (STD) $0.00
Z1 OXFORD WHITE $0.00
STANDARD PAINT $0,00
AS MEDIUM EARTH GRAY, HD VINYL 40/20/40 SPLIT BENCH SEAT, -Inc: center armrest, cupholder, $0.00
storage and driver's side manual lumbar
X48 4,88 AXLE RATIO, (ST.D) $0,00
90L POWER. EQUIPMENT GROUP, -Inc, Deletes passenger side lock cylinder, upgraded door -trim panel,. $915,00
Accessory Delay., Advanced Security Peek, 8eourlLock Passive Anti -Theft System (PATS) and
inclination/intrusion sensors, MyKey, owner controls feature, Remote Keyless Entry, Trailer Tow
Mirrors w/Power Heated Glass, manual telescoping, heated convex spotter mirror and Integrated
clearance lamps/turn signals, Power Front & Rear Side Windows, 1-touch up/down driver/passenger
window, Power Locks
62R TRANSMISSION POWER TAKE -OFF PROVISION, -Inc: mobile and stationary PTO modes $280.00
18B PLATFORM RUNNING BOARDS $446,00
585 RADIO: AM/FM STEREO/MPS, -Inc: 0 speakers, SYNC Communications &. Entertainment System, $560.00
enhanced voice recognition w/911.Assist, 4.2" LCD center stack screen, AppLink, 1 smart -charging
US'S port end steering wheel audio controls
060A ORDER CODE 650A $0.00
SUBTOTAL $42,690.00
Advert/ Adjustments $0.00
Manufacturer Destination Charge $1,496,00
TOTAL PRICE $44,165.00
Est City: N/A MPG
Est Highway: N/A MPG
Est Highway Cruising Range: N/A mi
Any performance -related calculations are offered solely as guidelines. Actual unit performance will depend on your operating
conditions,
https://www,nation lautofeetgroup.crym/OrderRequest/SSDPrintJ1.4O44?ssd'1ype-OrtierR,.. 6/28/20.18
65 of 348
Main Office
13253 Stanbridge Avenue
Downey, California 90242
Manufacturing
13065 Tom White Way, Suite D
Norwalk, California 90650
Phone: (562) 803-4447 Phone: (562) 404-8889
Fax: (562) 803-6506 Fax: (562) 404-7349
Quick Quote
Quotation
Stencil Truck - City of National City
To Clark Cooper
Date
2/27/2019
Client Name Wondries Ford
Fax Number
From Scott Givens
a .g-jj,ijj,1 �'q(J
'R:4r� Li':
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! 9 . .<
.. 5..
^,'
® F�f'
...:) e�'tfltm�r J . 3?
ii�tt�...
a 1{;
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L6 `. �51{ft(XE.`Y3a
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>� 8h4",.. •'�\i�M'l�+A
1
TPMT - Roadline Stencil Truck for City of National City
$74,125.00
$74,125.00
Includes:
Roadline Stencil Truck Body
(2) Paint Systems
i nvertor
Light Bar
Customized Stencil Rack
Safety Lighting as Needed
Net 30 Days
<
;
$74,125.00
3. ;
®,
National City
` <
%
$0, 00
Approved
o..
$0.00
'1'
t
$74,125,00
66 of 348
OVAL Ye.( 1C4LG1' 1''tige J OJ 6
in order to Finalize your Quote, please submit this purchase
Packet to your governing body for Purchase Order 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. FleetAnationalautofleetgroup.com
We will then send a W-9 if you need one
Please contact our main office with any questions:
1-855-289-6572
https://www,nation:a1autofleetgroup,com/OrderRequest/SSDPrint/ 14044?ssdType=OrcicrR... 6/28/2018
67 of 348
R OA.O HNE PRODUCTS' S'' INC, t>l IM
•
Model TPMT shown with various options.
68 of 348
The lloadline Products Model TPMT Is equipped with a hydraulic -
driven airless pump.. There are several advantages In an airless paint
system over a conventional paint system.
Some of these advantages are less over spray, savings in material,
faster clean-up, Tess noise, no paint pots to clean, and higher
productivity, which ensures a higher level of PUBLIC SAFETY!
Standard Equipment
• 6 GPM Hydraulic pump
1I One complete airless paint system
Oil Stencil rack ... (customer design)
RI Removable gun holster
® Below deck tool box
N Traffic cone storage
N 3O-Gallon headboard hydraulic reservoir
IS Paint well thatcan hold seven 5-gallon
containers
Optional Equipment
® 12 GPM hydraulic pump.
iN Additional complete airless paint systems
▪ Glass sphere system
IN Hydraulic -driven compressor
® Arrow board
NI Rotating lights
E Work lights for night time operation
▪ Com.pressor System
The Model TPMT Is
capable of
spraying two
colors, Stencil
rack will carry all
necessary
standard stencils
for legends.
Compressor
aboard for
blowing off
pavement or
applying glass
spheres. Ali
compressor
controls are
located at rear of
vehicle.
Multiple hydra.ullc-driven pant
systems can be supplied, Easy
access to hydraulic controls are
standard,
The electric dutch hydraulic
system will vary in GPM for
customer needs.,
Hose reel; mounted below deck
with top and side doors for easy
maintenance.
"Truly a cost effective investment"
Distributed By:
Manufactured By:
i fAni,1Nls iwotx;c i;s'frc; ta,t,,as.
13253 sta.nbridge Avenue, Downey, CA 90242
Main: (562) 803-4447 Shop: (562) 404-8889
69 of 348
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Vehicle Configuration. Options
ENGINE
Code
Description
99Y
ENGINE: 6.8L 3-VALVE SOHC EFI NA V10, (STD)
TRANSMISSION
Code
Description
44P
TRANSMISSION: T ROSHIFT 6-SPEED AUTOMATIC (6R140), -Inc: SelectShift (STD)
TIRES
Code
Description
TFB TIRES: 226170RX19.5G BSW AS, (STD)
PRIMARY PAINT
Code
Description
Z1 OXFORD WHITE
:PAINT SCHEME
Code
Description
_
STANDARD PAINT
SEAT TYPE „.
Code
Description
AS
MEDIUM EARTH GRAY., HD VINYL 40/20/40 SPLIT BENCH SEAT, -Inc: center armrest, cupholder,
storage and driver's side manual lumbar
AXLE RATIO
Code
Description_
X48
4,88 AXLE RATIO, (STD)
ADDITIONAL EQUIPMENT
Code
'Description
90L
POWER EQUIPMENT GROUP, -inc; Deletes passenger side lock cylinder, upgraded door -trim
panel, Accessory Delay, Advanced Security Pack, SecuriLock Passive Anti -Theft System (PATS)
and inclination/intrusion sensors, MyKey, owner controls feature, Remote keyless Entry, Trailer Tow
Mirrors w/Power Heated Glass, manual telescoping, heated convex spotter mirror and integrated
clearance lamps/tu.rn signals, Power Front & Rear Side Windows, 1-touch up/down driver/passenger
Power Locks
62R
TRANSMISSION POWER TAKE -OFF PROVISION, -Inc:. mobile and stationary PTO modes
—TRANSMISSION
188
PLATFORM RUNNING BOARDS
5.85
RADIO: AM/FM STEREO/MP3, -inc: 6 speakers, SYNC Communications & Entertainment System,
enhanced voice recognition w/911 Assist, 4,2" LCD center stack screen, AppLink, 1 smart -charging
USB port and steering wheel audio controls
OPTION PACKAGE
Code
Description
650A
ORDER CODE 650A
https://www,nationalautofleetgroup.corn/OrderRequest/SSDPrint/14044?ssdType-Orth rR.., 6/28/2018
70 of 348
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Standard Equipment
MECHANICAL
Engine: 6.13E 3-Valve SOHC EFI NA V10
Transmission: TorgShift 6-Speed Automatic (6R140) -Inc: Select8hift
4.88 Axle Ratio
GVWR; 16,600 lb Payload Package
50-State Emissions System .. ... ......
Transmission w/Oil Cooler
Rear -Wheel Drive
78-Amp/Hr 7640CA Maintenance -Free Battery w/Run Down Protection
HD 240 Amp Alternator
Twin w/Harness an.d Trailer Sway Control
9360# Maximum Payload
HD Shock Absorbers
Front And Rear Anti -Roll Bars
Firm Suspension
Hydraulic Power -Assist Steering
40 Gal. FuI Tank
Single Stainless Steel Exhaust
Dual Rear Wheels
Front Suspension w/Coil Springs
Leaf Rear Suspension w/.Leaf Springs
4-Wheel Disc Brakes w14-Wheel ABS, Front And Rear Vented Discs and Brake Assist
Upfitter Switches
EXTERIOR
Wheels: 19,5" Argent Painted Steel -Inc: Hub covers/center ornaments not included
Tires: 225/70Rx19.5G BSW AS
Cieareoat Paint
Black Front Bumper wlBlack Rub Strip/Fascia Accent and 2 Tow Hooks
Black Fender Flares
Black Side Windows Trim and Black Front Windshield Trim
Black Door Handles
Black Manual Side Mirrors w/Manual Folding
Manual Extendable Trailer Style Mirrors
Fixed Rear Window
Light Tinted Glass
Varlable intermittent Wipers
Aluminum Panels
FrontSplash Guards
Black Grille
Front License Plate Bracket
Reverse Opening Rear Doors
Fully Automatic Aero-Composite Halogen Daytime Running Lights Preference Setting Headlamps w/Delay-Off
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71 of 348
. e11, service, alio ael.iver wirer
ICab Clearance Lights
ENTERTAINMENT
Radio: AM/FM Stereo -Inc: 6-speakers
Radio w/Seek- $can
Fixed Antenna
1 LCD Monitor In The Front
INTERIOR
Page / or ZS
4-Way Driver Seat -Inc: Manual Recline and Fore/Aft Movement
4-Way Passenger Seat -Inc:: Manual Recline and .Fore/Aft. Movement
60-40 Folding .$plit-Bench Front Facing Fold -Up Cushion Rear Seat
Manual Tiit/Telescoping Steering Column
Gauges -Inc: Speedometer, Odometer, OH Pressure, Engine Coolant Temp, Tachometer, Transmission Fluid
Temp, Engine Hour. Meter, Trip Odometer and Trip Computer
Fixed Rear Windows
Manual Air Conditioning
HVAC -.Inc: Underseat Ducts
Illuminated Locking Glove Box
Interlor Trim -inc: Chrome Interior Accents
FUII"Cloth Headliner
Urethane Gear Shift Knob
HD Vinyl 40/20/40 Split Bench Seat -Inc: center armrest, cupholder, storage and driver's side manual lumbar
Clay -Flight Rearview Mirror
Passenger Visor Vanity Mirror
2 12V DC PowerQutlots
Full Overhead Console w/Storage and 2 12V DO Power Outlets
Front Map Lights
Fade-To=Off InteriorLighting
Full Vinyl/Rubber Floor Covering
Underhood Lights
Instrument Panel Bin and Covered Dashboard Storage
Manual lst: Row Windows
Systems Monitor
Trip Computer
it ,... .
Outside Temp Gauge
Analog Display
Manual Adjustable Front Head Restraints and Manual Adjustable Rear Head Restraints
Air Filtration
SAFETY
Driveline Traction Control
Side Impact Beams
i
https://www.naionalautoilectgroup.com/OrderReque:st/SSDPrint(14044?ssdType={ rderR.., 6/28/20'18
72 of 348
weir, service, ana aernver letter Page 8 of tS
rDual Stage Driver And Passeng.er Seat -Mounted Side Airbags
L?ual Stage Driver And Passenger Front Airbags w/Passenge.r Off Switch
Outboard Front Lap And Shoulder Safety Belts -Inc: Height Adjusters
Safety Canopy System Curtain 1st And end Flow Airbags
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73 of 348
FORM E
CONTRACT AC CSPTANCE AND AWARD
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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 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-450 DRW (X4G) STENCIL TRUCK IN AN
AMOUNT NOT TO EXCEED $124,671.85
WHEREAS, the current stencil truck used by the City Public Works Streets Division
has exceeded its useful life and is scheduled to be replaced; and
WHEREAS, the funding to purchase one (1) new 2019 Ford Super Duty F-450
DRW (X4G) Stencil Truck was approved by City Council through adoption of the FY 2019 annual
budget; and
WHEREAS, there is an opportunity to piggyback onto the Sourcewell Contract
#120716-NAF with National Auto Fleet Group to allow for the purchase of one (1) 2019 Ford F-
450 DRW (X4G) Stencil Truck.in an amount not to exceed $124,671.85; 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
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.
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 #120716-NAF with National
Auto Fleet Group for the purchase of one (1) new 2019 Ford Super Duty F-450 DRW (X4G)
Stencil Truck in an amount not to exceed $124,671.85.
PASSED and ADOPTED this 16th day of April, 2019.
Alejandra Sotelo-Solis, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney
75 of 348
CC/CDC-HA Agenda
4/16/2019 — Page 76
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 (Buyer) to piggyback onto the City of Encinitas Urban Forestry
Maintenance Services contract with West Coast Arborist, Inc. (WCA) to award a contract
for grant coordination services in an amount not to exceed $196,000, funded by a CAL
FIRE Urban and Community Forestry Grant. (Engineering/Public Works)
Please scroll down to view the backup material.
76 of 348
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: April 16, 2019
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City waiving the formal bid process consistent with
National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City
(Buyer) to piggyback on the City of Encinitas Urban Forestry Maintenance Services contract with West Coast
Arborist, Inc. (WCA) to award a contract for grant coordination services in an amount not to exceed $196,000,
funded by a CAL FIRE Urban and Community Forestry Grant.
PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil
PHONE: 619-336-4388
EXPLANATION:
See attached.
FINANCIAL STATEMENT:
ACCOUNT NO.
DEPARTMENT: E •�j'-ery, g/Public Works
APPROVED BY:
APPROVED: LI Finance
APPROVED:
MIS
296-409-500-598-6582 — Urban Forest Management Planting Grant Phase II - $196,000
Funds are appropriated and available in the above expenditure account.
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Adopt Resolution awarding the purchase of grant coordination services in an amount not to exceed $196,000 to
West Coast Arborists, Inc.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Explanation
2. Service Agreement
3. City of Encinitas Urban Forestry Maintenance Services Contract
4, Resolution
// Ot:348
EXPLANATION
In 2015, the City of National City was awarded an Urban & Community Forestry
Greenhouse Gas Reduction Fund grant in the amount of $276,685 through the California
Department of Forestry and Fire Protection (CAL FIRE) to develop an Urban Forest
Management Plan for National City. The scope of work included conducting a Geographic
Information System (GIS)-based City tree inventory estimated at 10,000 trees, developing
a long-range Urban Forestry Management Plan, updating corresponding City Council
policies and ordinances, creating a National City Urban Forest webpage, and providing a
web -based tree maintenance scheduling interface for residents. The tree inventory, which
was used to apply for a CAL FIRE tree planting grant (see below), has been completed.
Staff anticipates completing the remaining project components and closing out the grant
in FY 2019.
On May 22, 2017, the City of National City was awarded an Urban and Community
Forestry Grant in the amount of $650,800 through CAL FIRE to fund the purchase,
planting and initial maintenance of 1,700 trees, to be performed by a contractor and
competed by March 2020. The trees will be planted Citywide based on the tree inventory,
under the direction of the Park Superintendent. Areas include, but are not limited, to El
Toyon Park, Butterfly Park, Plaza Bonita Center Way, Marina Way, and other parks,
vacant sites and community corridors throughout the City. See attached exhibits. As part
of this grant, the consultant will perform outreach activities for residents wishing to plant
a tree in front of their property. Once the trees are planted, the location will be geo-coded
for each new tree location. For additional information, see website
(http://www. nationalcityca. gov/government/enq ineeri rig-public-works/public-works/parks/parks-
tree-trimming). The long-term maintenance after the plant establishment period will be
performed by City Public Works Parks Division. On August 1, 2017, City Council adopted
Resolution No. 2017-138, accepting the grant and authorizing the City Manager to
execute the grant agreement.
In 2015, the City contracted with West Coast Arborist, Inc. (MICA), a highly qualified and
reputable contractor in the field of urban forestry, to assist the City's park maintenance
staff with addressing the growing backlog of tree trimming requests for service. Through
implementation of a grid -based tree trimming program, WCA proved to be effective in
assisting City crews with clearing the backlog, which allowed City crews to focus on
maintaining their tree trimming schedule.
Based on WCA's past performance, City staff met with CAL FIRE's grant manager to
discuss a potential contracting opportunity with WCA for project construction through a
"piggyback" contract available through the City of Poway. CAL FIRE's grant manager
supported the use of WCA's services for project construction based on their qualifications.
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
78 of 348
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.
On May 15, 2018, per Resolution No. 2018-72, City Council awarded a contract to WCA
for the planting of 1,700 trees citywide. This project is expected to be completed by March
30, 2020.
An additional requirement of the Urban and Community Forestry Grant is to involve the
community in tree planting, care, and foster stewardship while educating residents about
the importance of an urban forest and greenhouse gas reduction. With this, The City
desires to employ a contractor to provide grant coordination services, including providing
volunteer group workshop training, tree and site selection processing, and matched funds
collections to meet the requirements of the grant.
City engineering staff reviewed the City of Encinitas' Urban Forestry Maintenance
Services contract with WCA and desires to take advantage of their competitive pricing for
project construction. National City's purchasing staff also reviewed the contract and has
confirmed that the contract was competitively bid through a standard RFP process, and
that the City of Encinitas' procurement procedures are in substantial compliance with
those of National City. On October 5, 2017, the City of Encinitas entered into a four year
agreement with WCA for Urban Forest Maintenance Services, which expires on October
4, 2021.
Therefore, staff requests that City Council waive the formal bid process consistent with
National City Municipal Code Section 2.60.260 regarding cooperative purchasing and
authorize the City (Buyer) to piggyback on the City of Encinitas' Urban Forestry
Maintenance Services contract with West Coast Arborist, Inc. (WCA) to award a contract
for grant coordination services in an amount not to exceed $196,000, funded by a CAL
FIRE Urban and Community Forestry Grant.
79 of 348
Preliminary Locations for New Trees
321i1, 1U U9" N 112,051b 9o' W
El Toyon Park
CO
CO
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CO
Preliminary Locations for New Trees
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t a
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• •
3274frfig_.5el'iN 7.1'1739.5'61 92;;AN .E.ILZ171,',9E,tt- aye aiT IC/ i
Las Palmas Park, Butterfly Park, and Newell Street
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co
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1;11 .'Lt1 11,21112LWAILIMULZA
82 of 348
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Preliminary Locations for New Trees
83 of 348
Preliminary Locations for New Trees
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'I,. %_..t. : • ,'.. -?_24.9i.L.01.--141174-01'13.t1" Colev 112 nti sityc,a11 23-9-2 It4-0
Various Locations on Euclid Avenue
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AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
WEST COAST ARBORISTS, INC.
THIS AGREEMENT is entered into on this 16th day of April, 2019, by and between the
CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and WEST COAST
ARBORISTS, INC., a California corporation (the "CONTRACTOR").
RECITALS
WHEREAS, the CITY applied for, and was awarded, a grant through the California
Department of Forestry and Fire Protection (CAL FIRE) in the amount of $650,800 to plant 1700
trees in the City of National City to help in reducing greenhouse gases.
WHEREAS, the CITY desires to employ a CONTRACTOR to provide grant
coordination services including providing volunteer group workshop training, tree and site
selection processing, and matched funds collections to meet the requirements of the grant.
WHEREAS, the CITY has determined that the CONTRACTOR is a certified forestry
professional and is qualified by experience and ability to perform the services desired by the
CITY, and the CONTRACTOR is willing to perform such services.
WHEREAS, this contract is being awarded based on cooperative purchasing, as
permitted in National City Municipal Code section 2.60.260. The City of Encinitas has gone
through a competitive process for these services and selected this CONTRACTOR, and the
CITY is entering into this Agreement with the General Arborist Services prices established
through that competitive process.
NOW, THEREFORE, TI-IE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
1. ENGAGEMENT OF CONTRACTOR. The CITY agrees to engage the
CONTRACTOR to perform grant coordination services, and the CONTRACTOR agrees to
perform the services set forth here in accordance with all terms and conditions contained herein.
The CONTRACTOR represents that all services shall be performed directly by
the CONTRACTOR or under direct supervision of the CONTRACTOR.
2, EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement
will become effective on April 16, 2019. The duration of this Agreement is for the period of
April 16, 2019 through March 1, 2020.
3, SCOPE OF SERVICES. The CONTRACTOR will perform grant coordination
services as set forth in the attached Exhibit "A" (the project) following the fee schedule as set
forth in the attached Exhibit "B".
85 of 348
The CONTRACTOR shall be responsible for all research and reviews related to
the work and shall not rely on personnel of the CITY for such services, except as authorized in
advance by the CITY. The CONTRACTOR shall appear at meetings, as required, to keep staff
and City Council advised of the progress on the project.
The CITY may unilaterally, or upon request from the CONTRACTOR, from time
to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under
this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith
and confer for the purpose of negotiating a corresponding reduction or increase in the
compensation associated with said change in services.
4. PROJECT COORDINATION AND SUPERVISION. Victor Uribe, Park
Superintendent, hereby is designated as the Project Coordinator for the CITY and will monitor
the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project
Director to provide supervision and have overall responsibility for the progress and execution of
this Agreement for the CONTRACTOR. Michael Palat thereby is designated as the Project
Director for the CONTRACTOR.
5. COMPENSATION AND PAYMENT. The compensation for the
CONTRACTOR shall be based on monthly billings covering actual work performed. Billings
shall include labor classifications, respective rates, hours worked and also materials, if any. The
total cost for all work described in Exhibit "A" shall not exceed $196,000. The compensation for
the CONTRACTOR'S work shall not exceed the rates set forth in Exhibit "A". Monthly invoices
will be processed for payment and remitted within thirty (30) days from receipt of invoice,
provided that work is accomplished consistent with Exhibit "A", as determined by the CITY.
The CONTRACTOR shall maintain all books, documents, papers, employee time
sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such
materials available at its office at all reasonable times during the term of this Agreement and for
three (3) years from the date of final payment under this Agreement, for inspection by the CITY,
and for furnishing of copies to the CITY, if requested.
6. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions
which may arise as to the quality or acceptability of the services performed and the manner of
performance, the acceptable completion of this Agreement, and the amount of compensation clue.
In the event the CONTRACTOR and the CITY cannot agree to the quality or acceptability of the
work, the manner of performance and/or the compensation payable to the CONTRACTOR in
this Agreement, the CITY or the CONTRACTOR shall give to the other written notice. Within
ten (10) business days, the CONTRACTOR and the CITY shall each prepare a report which
supports their position and file the same with the other party. The CITY shall, with reasonable
diligence, determine the quality or acceptability of the work, the manner of performance and/or
the compensation payable to the CONTRACTOR.
7, DISPOSITION AND OWNERSPIIP OF DOCUMENTS. The Memoranda,
Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the
CONTRACTOR for this project, whether paper or electronic, shall become the property of the
Standard Agreement
Revised July 2017 WCA—Grant Coord. Serv.
Page 2 of 11
City of National City and
86 of 348
CITY for use with respect to this project, and shall be turned over to the CITY upon completion
of the project, or any phase thereof, as contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONTRACTOR hereby
assigns to the CITY, and CONTRACTOR thereby expressly waives and disclaims any copyright
in, and the right to reproduce, all written material, drawings, plans, specifications, or other work
prepared under this Agreement, except upon the CITY'S prior authorization regarding
reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR
shall, upon request of the CITY, execute any further document(s) necessary to further effectuate
this waiver and disclaimer.
The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign,
transfer, or in any other way, medium, or method utilize the CONTRACTOR'S written work
product for the CITY'S purposes, and the CONTRACTOR expressly waives and disclaims any
residual rights granted to itby Civil Code Sections 980 through 989 relating to intellectual
property and artistic works.
Any modification or reuse by the CITY of documents, drawings, or specifications
prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section
14, but only with respect to the effect of the modification or reuse by the CITY, or for any
liability to the CITY should the documents be used by the CITY for some project other than
what was expressly agreed upon within the Scope of Services of this project, unless otherwise
mutually agreed.
8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of
this Agreement will be acting in an independent capacity and not as agents, employees, partners,
or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S
employees are employees of the CITY, and are not entitled to any of the rights, benefits, or
privileges of the CITY' S employees, including but not limited to retirement, medical, unemploy-
ment, or workers' compensation insurance.
This Agreement contemplates the personal services of the CONTRACTOR and
the CONTRACTOR'S employees, and it is recognized by the parties that a substantial
inducement to the CITY for entering into this Agreement was, and is, the professional reputation
and competence of the CONTRACTOR and its employees. Neither this Agreement nor any
interest herein may be assigned by the CONTRACTOR without the prior written consent of the
CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or
hiring as many employees, or SUBCONTRACTORS, as the CONTRACTOR may deem
necessary for the proper and efficient performance of this Agreement. All agreements by
CONTRACTOR with its SUBCONTRACTOR(S) shall require the SUBCONTRACTOR(S) to
adhere to the applicable terms of this Agreement.
9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have
any control over the conduct of the CONTRACTOR or any of the CONTRACTOR'S
employees, except as herein set forth, and the CONTRACTOR or the CONTRACTOR'S agents,
servants, or employees are not in any manner agents, servants, or employees of the CITY, it
being understood that the CONTRACTOR its agents, servants, and employees are as to the
CITY wholly independent CONTRACTOR, and that the CONTRACTOR'S obligations to the
CITY are solely such as are prescribed by this Agreement.
Standard Agreement Page 3 of 11 City of National City and
Revised July 2017 WCA—Grant Coord. Serv.
87 of 348
10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the
performance of the services to be provided herein, shall comply with all applicable state and
federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City
of National City, whether now in force or subsequently enacted. The CONTRACTOR and each
of its SUBCONTRACTOR(S), shall obtain and maintain a current City of National City business
license prior to and during performance of any work pursuant to this Agreement.
11. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants
that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally
required to practice its profession. The CONTRACTOR represents and covenants that the
CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of
this Agreement, any license, permit, or approval which is legally required for the
CONTRACTOR to practice its profession.
12. STANDARD OF CARE.
A. The CONTRACTOR, in performing any services under this Agreement,
shall perform in a manner consistent with that level of care and skill ordinarily exercised by
members of the CONTRACTOR'S trade or profession currently practicing under similar
conditions and in similar locations. The CONTRACTOR shall take all special precautions
necessary to protect the CONTRACTOR'S employees and members of the public from risk of
harm arising out of the nature of the work and/or the conditions of the work site.
B. Unless disclosed in writing prior to the date of this Agreement, the
CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years
preceding, been debarred by a governmental agency or involved in debarment, arbitration or
litigation proceedings concerning the CONTRACTOR'S professional performance or the
furnishing of materials or services relating thereto.
C. The CONTRACTOR is responsible for identifying any unique products,
treatments, processes or materials whose availability is critical to the success of the project the
CONTRACTOR has been retained to perform, within the time requirements of the CITY, or,
when no time is specified, then within a commercially reasonable time. Accordingly, unless the
CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all
products, materials, processes or treatments identified in the project documents prepared for the
CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due
diligence under this sub -section will render the CONTRACTOR liable to the CITY for any
increased costs that result from the CITY'S later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time frame
specified or, when not specified, then within a commercially reasonable time.
13. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not
discriminate against any employee or applicant for employment because of age, race, color,
ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. The CONTRACTOR will take positive action to insure that applicants are
employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation,
marital status, national origin, physical handicap, or medical condition. Such action shall include
but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship. The CONTRACTOR agrees to post in
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conspicuous places available to employees and applicants for employment any notices provided
by the CITY setting forth the provisions of this nondiscrimination clause.
14. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONTRACTOR certain confidential information to enable the
CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR
shall treat all such information as confidential and shall not disclose any part thereof without the
prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of
such information, even within its own organization, to the extent necessary to perform the
services to be provided herein. The foregoing obligation of this Section 14, however, shall not
apply to any part of the information that (i) has been disclosed in publicly available sources of
information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly
available sources of information; (iii) is already in the possession of the CONTRACTOR without
any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the
CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has
been or is rightfully authorized by that third party.
The CONTRACTOR shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CITY. In its performance hereunder, the
CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting
the information or other property of any other person, firm or corporation.
CONTRACTOR shall be liable to CITY for any damages caused by breach of this
condition, pursuant to the provisions of Section 15.
15, INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR
agrees to defend, indemnify and hold harmless the City of National City, its officers, officials,
agents, employees, and volunteers against and from any and all liability, loss, damages to
property, injuries to, or death of any person or persons, and all claims, demands, suits, actions,
proceedings, reasonable attorneys' fees, and defense Costs, of any kind or nature, including
workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the
CONTRACTOR'S performance or other obligations under this Agreement; provided, however,
that this indemnification and hold harmless shall not include any claims or liability arising from
the established sole negligence or willful misconduct of the CITY, its agents, officers, employees
or volunteers. CITY will cooperate reasonably in the defense of any action, and CONTRACTOR
shall employ competent counsel, reasonably acceptable to the City Attorney.
The indemnity, defense, and hold harmless obligations contained herein shall
survive the termination of this Agreement for any alleged or actual omission, act, or negligence
under this Agreement that occurred during the term of this Agreement.
16. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all
of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of
California, the applicable provisions of Division 4 and 5 of the California Labor Code and all
amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify,
and hold harmless the CITY and its officers, employees, and volunteers from and against all
claims, demands, payments, suits, actions, proceedings, and judgments of every nature and
description, including reasonable attorney's fees and defense costs presented, brought or
recovered against the CITY or its officers, employees, or volunteers, for or on account of any
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liability under any of said acts which may be incurred by reason of any work to be performed by
the CONTRACTOR under this Agreement.
17. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase
and maintain, and shall require its SUBCONTRACTOR(S), when applicable, to purchase and
maintain throughout the term of this Agreement, the following insurance policies:
A. ❑ If checked, Professional Liability Insurance (errors and
omissions) with minimum limits of $1,000,000 per occurrence.
B. Automobile Insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of $1,000,000
combined single limit per accident. Such automobile insurance shall include owned, non -owned,
and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents,
employees, and volunteers as additional insureds, and a separate additional insured endorsement
shall be provided.
C. Commercial General Liability Insurance, with minimum limits of either
$2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and
$2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property
damage arising out of its operations, work, or performance under this Agreement. The policy
shall name the CITY and its officers, agents, employees, and volunteers as additional insureds,
and a separate additional insured endorsement shall be provided. The general aggregate limit
must apply solely to this "project" or "location". The "project" or "location" should be noted
with specificity on an endorsement that shall be incorporated into the policy.
D. Workers' Compensation Insurance in an amount sufficient to meet
statutory requirements covering all of CONTRACTOR'S employees and employers' liability
insurance with.limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed
with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to
commencement of work under this Agreement.
If CONTRACTOR has no employees subject to the California Workers'
Compensation and Labor laws, CONTRACTOR shall execute a Declaration to that effect. Said
Declaration shall be provided to CONTRACTOR by CITY.
E. The aforesaid policies shall constitute primary insurance as to the CITY,
its officers, officials, employees, and volunteers, so that any other policies held by the CITY
shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30)
days prior written notice to the CITY's Risk Manager, at the address listed in subsection G
below, of cancellation or material change.
F. If required insurance coverage is provided on a "claims made" rather than
"occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years
after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date
must be on or before the date of this Agreement.
G. The Certificate Holder for all policies of insurance required by this
Section shall be:
City of National City
c/o Risk Manager
1243 National City Boulevard
National City, CA 91950-4397
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fI, Insurance shall be written with only insurers authorized to conduct
business in Californiathat hold a current policy holder's alphabetic and financial size category
rating of not less than A:VII according to the current Best's Key Rating Guide, or a company of
equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is
provided by non -admitted "surplus lines" carriers, they must be included on the most recent
California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating
requirements.
I. This Agreement shall not take effect until certificate(s) or other sufficient
proof that these insurance provisions have been complied with, are filed with and approved by
the CITY'S Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in
full force and effect at all times during the terms of this Agreement, the CITY may elect to treat
the failure to maintain the requisite insurance as a breach of this Agreement and terminate the
Agreement as provided herein.
J. All deductibles and self -insured retentions in excess of $10,000 must be
disclosed to and approved by the CITY.
K. If the CONTRACTOR maintains broader coverage or higher limits (or
both) than the minimum limits shown above, the CITY requires and shall be entitled to the
broader coverage or higher limits (or both) maintained by the CONTRACTOR. Any available
insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be
available to the CITY.
18, LEGAL FEES. If any party brings a suit or action against the other party arising
from any breach of any of the covenants or agreements or any inaccuracies in any of the
representations and warranties on the part of the other party arising out of this Agreement, then
in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -
court settlement, shall be entitled to have and recover of and from the other party all costs and
expenses of suit, including attorneys' fees.
For purposes of determining who is to be considered the prevailing party, it is stipulated
that attorney's fees incurred in the prosecution or defense of the action or suit shall not be
considered in determining the amount of the judgment or award. Attorney's fees to the prevailing
party if other than the CITY shall, in addition, be limited to the amount of attorney's fees
incurred by the CITY in its prosecution or defense of the action, irrespective of the actual
amount of attorney's fees incurred by the prevailing party.
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19. TERMINATION.
A. This Agreement may be terminated with or without cause by the CITY,
Termination without cause shall be effective only upon 60-day's written notice to the
CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in
accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY for
cause in the event of a material breach of this Agreement, misrepresentation by the
CONTRACTOR in connection with the formation of this Agreement or the performance of
services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of written
Notice of Termination to the CONTRACTOR as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda Reports,
Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR,
whether paper or electronic, shall immediately become the property of and be delivered to the
CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for
any work satisfactorily completed on such documents and other materials up to the effective date
of the Notice of Termination, not to exceed the amounts payable hereunder, and less any
damages caused the CITY by the CONTRACTOR'S breach, if any. Thereafter, ownership of
said written material shall vest in the CITY all rights set forth in Section 7.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a
reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the CONTRACTOR.
20. NOTICES. All notices or other communications required or permitted hereunder
shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express
or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or
sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex,
telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally
delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by
overnight mail, the business day following its deposit in such overnight mail facility, (iii) if
mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is
outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or
other like facility regularly maintained by the United States Postal Service, (iv) if given by
telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given
by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other
communication delivered or sent as specified above shall be directed to the following persons:
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To CITY:
Victor Uribe
Park Superintendent
Engineering and Public Works Department
City of National City
1243 National City Boulevard
National City, CA 91950-4397
To CONTRACTOR:
Michael Palat
Area Manager
West Coast Arborists, Inc.
8524 Commerce Avenue, Suite B
San Diego, CA 92121
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver because of
changed address of which no notice was given shall be deemed to constitute receipt of the notice,
demand, request or communication sent. Any notice, request, demand, direction or other
communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-
eight (48) hours by letter mailed or delivered as specified in this Section.
21, CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform
services of any kind for any person or entity whose interests conflict in any way with those of the
City of National City. The CONTRACTOR also agrees not to specify any product, treatment,
process or material for the project in which the CONTRACTOR has a material financial interest,
either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall
at all times comply with the terms of the Political Reform Act and the National City Conflict of
Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its
official position to influence in any way any matter coming before the CITY in which the
CONTRACTOR has a financial interest as defined in Government Code Section 87103. The
CONTRACTOR represents that it has no knowledge of any financial interests that would require
it to disqualify itself from any matter on which it might perform services for the CITY.
❑ If checked, the CONTRACTOR shall comply with all of the reporting
requirements of the Political Reform Act and the National City Conflict of Interest Code.
Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City
Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall
obtain from the City Clerk.
The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or
expenses the CITY may suffer by virtue of any violation of this Section 21 by the
CONTRACTOR.
22. PREVAILING WAGES. State prevailing wage rates may apply to work
performed under this Agreement. State prevailing wages rates apply to all public works contracts
as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3,
1720.4, and 1771. Contractor is solely responsible to determine if State prevailing wage rates
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apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and
regulations.
23. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided for in
this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date
shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a
Saturday, Sunday or federal, state, or legal holiday.
B. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute but one and
the same instrument.
C. Captions. Any captions to, or headings of, the sections or subsections of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights
upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes. To the extent any
exhibits,schedules, or provisions thereof conflict or are inconsistent with the terms and
conditions contained in this Agreement, the terms and conditions of this Agreement shall control.
F. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or any other provision
hereof.
H. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
I. Audit. If this Agreement exceeds ten -thousand dollars (,$10,000), the
parties shall be subject to the examination and audit of the State Auditor for a period of three (3)
years after final payment under the Agreement, per Government Code Section 8546.7.
J. Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between the
parties as to the subject matter hereof. No subsequent agreement, representation, or promise
made by either party hereto, or by or to an employee, officer, agent or representative of any party
hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby.
K. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties hereto.
L. Subcontractors or Subcontractors. The CITY is engaging the services of
the CONTRACTOR identified in this Agreement. The CONTRACTOR shall not subcontract
any portion of the work, unless such subcontracting was part of the original proposal or is
allowed by the CITY in writing. In the event any portion of the work under this Agreement is
subcontracted, the subcontractor(s) shall be required to comply with and agree to, for the benefit
of and in favor of the CITY, both the insurance provisions in Section 17 and the indemnification
and hold harmless provision of Section 15 of this Agreement.
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M. Construction. The parties acknowledge and agree that (i) each party is of
equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and
negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity
to consult with its own, independent counsel and such other professional advisors as such party
has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv)
each party and such party's counsel and advisors have reviewed this Agreement, (v) each party
has agreed to enter into this Agreement following such review and the rendering of such advice,
and (vi) any rule or construction to the effect that ambiguities are to be resolved against the
drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or
any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first above written.
CITY OF NATIONAL CITY
By:
Alejandra Sotelo-Solis
Mayor
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney
By:
Roberto M. Contreras
Deputy City Attorney
Standard Agreement
Revised July 2017
WEST ( AST ARBO ' ' TS, INC.
(Corporation ignalu s oftwo co .or. a officers required)
By:
Page 11 of 11
Patrick Mahoney
(Print)
President
(Title)
(Print)
Secretary
(Title)
City of National City and
WCA-Grant Coord. Serv.
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Exhibit A
West Coast Arborists, Inc.
Scope of Work
Project Requirements
The Scope of Work for this Agreement is to provide volunteer group workshop training covering
how to canvas for signed watering agreements and advocate for trees, tree and site selection
processing, and matched funds collection to meet the requirements of an awarded grant through
the California Department of Forestry and Fire Protection (CAL FIRE).
The Park Superintendent will oversee the public outreach efforts conducted by WCA. Pricing for
these services are listed in the attached,
The contract is not to exceed $196,000 and is effective April 16, 2019 through March 1,
2020.
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EXHIBIT A
PROF-0,R A FG
CUSTOMER INFORMATION
Main Contact
VICTOR URPBE
CITY OF NATIONAL CITY
1243 NATIONAL CITY BLVD
NATIONAL CITY, CA 9f950
(319) 336-4530 t VURIBERNATIONALCITYCARIV
WEST COAST ARBORISTS, INC.
8163 Commercial Street La Masa, CA 91942
B58,536.4204 Phone 858.586,4098 Fax WCAINC.COM
PROFORMA
#48655
Billing Contact
VICTOR URIBE
CITY OF NATIONAL CITY
1243 NATIONAL CITY BLVD
NATIONAL CITY, CA 91950
(BID) 336-4580 VURIBE1NATlONALCITYCA,GOV
Inventory Ner di~ti Link Finds la'Jo i;#
Purchase Order # AIR Project IO #
Yes
JOB LOCATION
National City, City Wide.
SCOPE OF WORK
Provide contract grant coordination services for city CALFIRE grant. Including, volunteer group workshop training covering haw to canvas for
signed watering agreements and advocate for trees, tree and site selection processing, and matched funds collections. Price includes
volunteer management and canvasing event coordination. Price includes soma limiting marketing materials. Additionally a stipend for nonprofit
partners will come from these funds not to exceed $Bic. All activities will be tracked and reported according to CALFIRE Grant guidelines.
I400 Arborist Services
COMMENTS ---
Prices reflect the City of National City contract rates.
Man Hour
$140,00 $193,000.00
ORANO TOTAL:SIBG,000:ON
All work will be completed in accordance with ANSI A3011 standards. Price reflects payment of prevailing wage rates under the wage determination: Tree'
Maintenance Laborer, and report of certified payroll to the Department of Industrial Relations as applicable in accordance with state labor laws.
CA Contractors License 3B67B4
MACE1,4L 4T
ESTIMATED BY
Federal Tax 1D: B5-325EIB 2
4R 4 MANA-grife
EA DIR Registration IDDQOOOS5B
TITLE
05/2�/zQ
DATE
ACCEPTED BY
Proposal Report
TITLE
DATE
97 of 348
Page 1 of 1
EXHIBIT B
AGREEMENT FOR GENERAL. SERVICES BETWEEN
THE CITY OF ENCINITAS AND WEST COAST ARBORI$TS, INC.
GENERAL SERVICES MW MAINTENANCE CONTRACT ONLY
(Non-Federal/Prevailing Wage)
THIS Contract is made and entered into by and between the City of Encinitas, a municipal
corporation, hereinafter referred to as "City", and West Coast Arborists, Inc. hereinafter referred to
as 'Contractor".
RECITALS
City requires Contraotor to perform Its scope of work generally described as:
The requirement of this Contract Is to provide professional Urban Forestry Maintenance Services as
conditioned In RFP No, 2017-06; for planting, pruning, trimming, staking, raising, removal, disposal,
stump grinding and chipping, Inventorying, documenting and all other services required to maintain the
City of Encinitas trees in a safe, attractive and overall healthy condition.
Contractor represents itself as possessing the necessary skills and qualifications to maintain
the public works project required by City and possessing all required licenses and certifications;
NOW THEREFORE, in consideration of these recitals and the mutual covenants contained
herein, City and Contactor agree as follows:
1.0 C.sr act Oacum
1.1 The Contract Documents shall be deemed to be this Agreement, the Request for
Proposal and Contractor's submission, ail documents attached and specifically referenced herein,
2.0 Contractor's !Obligations (Attachment A)
2.1 Contractor shall perform its scope of work that is described in Attachment "A",
which is attached hereto and incorporated herein as though fully set forth at Length.
2.2 Contractor shall, at its own cost and expense, in a competent manner consistent with
all applicable standards of care, furnish all labor, inspection, technical, administrative, professional
and other personnel, all supplies and materials, equipment, tools, printing, vehicles, transportation,
office space and facilities, and all tests, testing and analyses, calculations, and ail other means and
methods whatsoever, except as herein otherwise expressly specified to be furnished by City,
necessary or proper to perform and complete the scope of work and provide the services required by
this Agreement.
2.3 Contractor is hired to render those services necessary to perform the Scope of Work
in a professional manner, and any payments made to Contractor are compensation fully for those
sorvicos,
2,4 Contractor shall maintain throughout the full term of this Agreement all professional
certifications and licenses required in order to comply with all city, state, and federal laws in the
performance of this Agreement.
Urban Forest Maintenance Services
RFP 2017-06
1 October 5, 2017
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6.0 Termination of Agreement
6.1 In the event of Contractor's failure to prosecute, deliver, or perform the described
services, the City may terminate this Contract by notifying Contactor by certified mall of said
termination. Thereupon, Contractor shall cease work and within five (5) working days; (1)
assemble all materials and records prepared or obtained in the performance of this Agreement and
deliver said documents to the City and (2) place all work in progress in a safe and protected
condition. The City Manager shall make a determination of the percentage of work which
Contractor has performed which is usable and of worth to the City. Based upon that finding, the
City shall determine any final payment due to Contractor,
6,2 This Contract may be terminated by the City, without cause, upon the giving written
notice to the Contractor. Contractor shall: (1) assemble all materials and records prepared or
obtained in the performance of this Contract and deliver said documents and materials to the City
and (2) place all work In progress In a safe and protected condition, The City Manager shall make
a determination of the percentage of work which Contractor has performed which is usable and of
worth to the City. Based upon that finding, the City shall determine any fine€ payment due to
Contractor.
7.0 Independent Contractor,
7.1 Contractor shall perform the services provided for herein in a manner of Contractor's
own choice, as an independent contractor and In pursuit of Contractor's independent calling, and not
as an employee of C€ty. Contractor shall be under control of City only as to the result to be
accomplished and the personnel assigned to the Project. However, Contractor shall confer with City
as required to perform this Agreement.
7.2 tf Contractor Is approved by the City to subcontract for extenuating circumstances
any work to be performed under this Agreement, Contractor shall be as fully responsible to City or
the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly
employed by the subcontractor, as Contractor Is for the acts and omissions of persons directly
employed by Contractor. Noting contained in the Agreement shall create any contractual
relationship between any subcontractor of Contractor and City. Contractor shall bind every
subcontractor by the terms of the Agreement applicable to Contractor's work, Including indemnity
and insurance requirements,
8.0 No Assignment of Agreement
8.1 Contractor has no authority or right to assign this Agreement or any part thereof or
any monies due thereunder without first obtaining the prior written consent of City,
9,0 No Verbal Agreement or Conversation
9.1 No verbal agreement or conversation with any officers, elected officials, appointed
officials, volunteers, agent or employee of City, either before, during or after the execution of this
Agreement, shall effect or modify any of the terms or obligations herein contained nor such verbal
agreement or conversation entitle Contractor to any additional payment whatsoever under the terms
of this Agreement.
10,0 Disautes
10.1 If a dispute should arise regarding the performance of this Agreement, the following
Urban Forest Maintenance Services 3 October 5, 2017
RFP 2017-06
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damages, fines, penalties, al1orney's fees and costs arising from claims under the Americans With
Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from
Contractor's Work during the scope of work or after the Project is complete, as the result of defects
or negligence In Contractor's services.
11.4 Contractor's obligation herein includes, but is not limited to, alleged defects in the
services performed; alleged defects In the materials or services furnished under the Agreement;
alleged injury to persons or property; alleged inverse condemnation of property as a consequence of
the performance of the work or the improvement; anyregulatory violations (including but not limited
to Stormwater Pollution Control BMP/Erosion Control and regulatory requirements); and any
accident, loss or damage to City property or third party liability prior to the acceptance of same by
City.
11.5 By inspecting, approving or accepting the services performed by Contractor, City
shall not have waived the protections afforded herein to City and City's officers, elected officials,
appointed officials, volunteers, employees and agents or diminished the obligation of Contractor who
shall remain obligated In the same degree to indemnify and hold City and City's officers, erected
officials, appointed officials, volunteers, employees and agents, harmless as provided above,
12.0 insurance
12.1 Commerc(atGeneral Liability insurance, Contractor shall obtain and maintain for the full
term of this Agreement, comprehensive general liability and property damage insurance, or commercial
general liability'insurance, from an insurance company approved by City having a Best Rating of A_: VII
or better and authorized .by the insurance Commissioner of the Slate of California Department of
Insurance to be transacting business in the Stale of. California, in the following minimum limits:
General liability (Including operations, Products and completed operations)
Combined Single Limit Per Occurrence $5,000,000,00
General Annual Aggregate $10,000,000.00
The limits of insurance shall not relieve Contractor from !lability in excess of such coverage, nor shall it
limit Contractor's indemnification obligations to City, and shall not preclude City from taking such other
actions available to City under other provisions of the Agreement, Contract Documents, or law,
Contractor shall make certain that if any and all subcontractors hired by Contractor are insured in
accordance with this Agreement. if any subcontractor's coverage does not comply with the foregoing
provisions, Contractor shalt Indemnify and hold City harmless from any damage, loss, cost, or
expense, including attorney's fees, incurred by City as a result thereof.
All general liability policies shall be written to apply to all bodily injury, including death, property damage,
personal injury, owned and non -owned equipment, blanket contractual liability, completed operations
liability, explosion, collapse, under -ground excavation, removal of lateral support, and other covered
loss, occurring during the policy term, and shall specifically insure the performance by Contractor.
Contractor may combine primary, umbrella, and as broad as possible excess liability coverage to
achieve the total limits indicated above, Any umbrella or excess liability policy shall include the
additional insured endorsement described in this Agreement,
12.2 Automobile Liabilityjpsuranee. Such insurance shalt provide coverage for bodily injury
and property damageincluding coverage for non -owned and hired vehicles, in a form and with
insurance companies acceptable to City for bodily injury and Property damage in an amount, at least,
one million dofIars ($1,000,000) per person per accident,
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It is understood and agreed to by the parties and the insurance company(s) that the Certificates) of
Insurance and policies shall be construed as primary, and City's insurance and/or deductibles and/or
self -insured retentions or self -Insured programs shall not be construed as contributory.
13.0 Payrgt( R0cords
13.1 Consistent with Labor Code Section 1776, Contractor and each subcontractor shall
maintain accurate weekly certified payroll, records showing the name, address, social security number,
work classification, straight time and overtime hours paid each day and week, and the actual per diem
wages paid to each Journeyman, apprentice, worker cr other employee employed In connection with the
work. Contractor shall certify under penalty of perjury that records maintained and submitted by
Contractor are true and accurate. Contractor shall also require Subcontractor(s) to `cer-tlfy weekly payroll
records under penalty of perjury.
13.2 The paynell.records described herein shall be certified and submitted by Contractor at a
time designated by. City. Contractor shall also provide the following:
A certified copy of the employee's payroll records shall be made available for inspection or furnished to
such employee or his or her authorized representative on request. .
A certified copy of all payroll records described herein shall be made available for inspection or
furnished upon request of the Departrrient of Industrial Relations ("DR"),
The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement
("DLSE") of the DO or shall contain the same Information as the forms provided by the DLSP.
Any copy of records made available for Inspection and furnished upon request to the public shall be
marked or obliterated in such a manner as to prevent disclosure of an individual's name, address, and
social security number. The name and address of Contractor or any subcontractor shall not be marked
or obliterated,
13.3 Pursuant to Labor Code Section 1775, Contractor and any subcontractor under the
Agreement shall, as a penalty to the state or political subdivision on whose behalf the contract is made
or awarded, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof,
for each worker paid less than the prevailing wage rates as determined by the DIR for the work or craft
In which the worker is employed for any public work done under the Agreement by Contractor or, except
as provided by statute, by any subcontract under the Agreement. Upon the request of the DIR, such
penalties shall be withheld from Agreement payments.
14.0 Prevailing Wade and 5nfaroement Compliance
14.1 This Is a prevailing wage contract and prevailing wage rates for this locality and project as
determined by the Director of the DIR apply, pursuant to labor code section 1770, et. Seq. A copy of the
prevailing wage rates shall be posted on the job site by Contractor. A schedule of prevailing wage rates
is available for review at City's offices or may be found on the Internet at http://www,dir.ca.goviriubiic-
Works/Prevailing-Wage,htmI. Contractor shall be required to pay at least the wage rates set forth in that
schedule. Ceielffed Payroll records shall be maintained by Contractor and copies of the certified payroll
shall be electronically sent to the DIR and be delivered to City at the end of each month during the entire
duration of the project.
Contractor is subject to compliance monitoring and enforcement by the DIR. Subject to exceptions as
set forth in Labor Code section 1771.1, Contractor or subcontractor shall not be qualified to bid on, be
listed In a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or
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17.0 Labor/BrnIovment Safe
17.1 Contractor shall maintain emergency first aid treatment for its employees which
complies with the Federal Occupational Safety and health Act of 1970 (29 U.S.C. § 851 et seq.), and
California Code of Regulations, Title 8, industrial Relations Division 1, Department of Industrial
Relations, Chapter 4, Contractor shall further comply with all other federal, state or local safety
regulations, as they may apply to its scope of work. City shall not be responsible for inspection of
Contractor's safety practices or for safety violations caused by Contractor.
18.0 Conflict of Interest
18.1 Contractor warrants and covenants that it presently has no Interest in, nor shall any
interest be hereinafter acquired In, any matter which will render the services required under the
provisions of this Agreement a violation of any applicable state, focal, or federal law, including, but not
limited to, Government Code section 1090, if any principal provider of services is a "consultant" for the
purposes of the Fair Political Practices Act (Gov. Code § 81000 et seq.), each such person shall comply
with Form 721 Statement of Economic interests filing requirements in accordance with state or City local
Conflict of Interest Code, in addition, if any other conflict of interest should nevertheless hereinafter
arise, Contractor shall promptly notify City of the existence of such conflict of Interest so that City may
determine whether to terminate this Agreement.
19.0 General _Provisions
19.1 Contractor agrees and hereby stipulates that the proper venue and jurisdiction for
resolution of any disputes between the parties arising out of this Agreement is San Diego County, North
County Judicial Branch, California,
19.2 Waiver of a breach or default under this Agreement shall not constitute a continuing
waiver of a subsequent breach of the same or any other provision under this Agreement.
19.3 if any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall
continue in full force and effect.
19,4 Precedence of Agreement Documents. If there Is a conflict between any of the
contract documents, including attachments or incorporated documents such as the Request for
Proposal (RFP) and Contractor's RFP response, the documents In the highest of precedence shall
control. If no direct conflict exists, then Contractor is required to meet all requirements of this
Agreement and all incorporated documents and references. The order of precedence, from highest
to Lowest, shall be as follows:
a) This Agreement, including Attachments A and B.
b) The City RFP.
c) Contractor's RFP response.
d) Standard Specifications.
e) Reference Specifications.
f) industry Standards.
20.0 Contractor's Books andRecordslAudit Rietht
20.1 Contractor shall maintain any and all ledgers, books of account, invoices, vouchers,
canceled checks, and other records or documents evidencing or relating to charges for services, or
expenditures and disbursements charged to City for a minimum period of three (3) years, or for any
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West CoastArborists, Inc, CITY OF ENCINITAS
Contract°
By 1 - '-O1$ By: 4121~ i/e/kr
Signature) Date) (Signature) Date)
1 'f fiv"i, i-,City Manager
(Title) (Title)
Attest
Dated:
City Clerk
APPROVED AS TO FORM
Glenn Saline, : ity Attorney r ``)
Dated:
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detailed listings of trees and site information, work histories, service requests, summary
reports and pictures of City tree species,
4, GPS - Since the City of Encinitas already has a tree inventory in GIS, the City's GIS Dfvision
will provide the current tree inventory feature class (SQL table) to the contractor as a
starting point. This includes but is not limited to all publicly owned trees on street rights -of -
way, parks and open spaces such as medians, streetscapes, etc,
The contractor shall then track the maintenance and characteristic information of the trees
in the City of Encinitas' tree inventory feature class in ArcGiS version 10. Or, the contractor
shall incorporate the City's tree Inventory FacilftytD field into their own database, and
Include x and y (lat/long) fields necessary to map the trees in GIS.
For on -going data maintenance, when a new tree is planted, the new tree 5lte will be added
as a record to the tree inventory, and will include the latitude/longitude coordinates
(collected by the contractor using a Global Positioning System (GPS) device with minimum
sub -meter accuracy). Cat/long coordinates shall be included at the time a new record is
added, and will not be input at a later date through a bulk update process. Trees that are
removed will not be deleted from the tree inventory, but will be coded as 'vacant'.
At required Intervals, the contractor shall provide an ArcGiS version 10 file or personal
geodatabase containing the updated tree feature class, which will be reconciled with the
City GIS tree inventory. Or, the contractor may provide an Excel spreadsheet or Access
database table containing updated information that can be Joined to the City's GIS tree
inventory based on Facilityl0. If the contractor provides their own updated tree Inventory
database to the City, there will be a one-time requirement to provide a data dictionary of
fields containing tree maintenance and tree characteristic information that corresponds to
similar fields In the City's GIS tree inventory, so that the City is confident that accurate data
synchronization/updating can occur.
5. Tree Inventories and Developing inventory Databases - The program should have specialized
reports designed specifically for City representatives' needs. The program should be
developed based on the needs of the City and allow the City to modify and structure the
program to address its specific needs. Tile user-friendly program should allow customers to
generate a variety of reports quickly.
6. Training and Support - The Contractor shall provide, at no additional cost to the City,
training and support on the software system they provide for the entire term of the
contract. Contractor shall provide training to designated City staff during the hours of 7:00
A,M. to 4:30 P.M. Monday through Friday. The Contractor shall be readily available by
telephone ore -mall and shall respond to the City's inquiries In a timely manner.
B. Annual Maintenance Program
1. Public Relations - The Contractor shall endeavor to maintain good public relations at all
times with the public. All work shall be conducted in a manner which will cause the least
possible interference with or annoyance to, the public.
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possess adequate technical background to ensure that all work is accomplished per
provisions of this Contract.
Contractor is required to have a competent Project Manager available by telephone on a
twenty-four (24) hour basis that is assigned to provide direct and prompt attention to
requests from the City,for emergency and after-hours tree service requests.
6, Qualified Staff - Contractor shall employ sufficient personnel qualified by reason of
education, training and experience to discharge the services agreed to be performed by
Contractor. Contractor shall provide service of the highest quality at ail times, and personnel
retained to perform this service shall be temperate, competent and otherwise fully qualified
to fulfill the Contractor's obligations under the Contract.
7, Uniforms - All employees cf Contractor performing services shall appear neat and well-
groomed at all times and shall be dressed in clean, unaltered uniforms at no additional cost
to the City, with suitable company identification. No portion of the uniform maybe removed
while working. Employees not In uniform shall be immediately removed from the work area.
The Contractor shall provide a standard uniform consisting of at least a collared shirt with
buttons, complimenting pants, a belt and boots appropriate to the work. Ail shirts, jackets
or safety vests shall be clearly marked with company identification and the name of the
employee wearing the uniform in the field. Contractor employees shall wear orange safety
vests when operating machinery and/or while working near moving traffic as required by
any applicable laws.
8. Knowledge, Skills and Abilities - The Contractor's employees shall be subject to the following
minimum knowledge, skills, abilities and requirements:
• The proper license to operate equipment;
a Ability to operate and maintain equipment in accordance with the manufacturer's
recommendations;
• Mechanical ability to make required operator adjustments to the equipment being used;
4 Knowledgeable of safety regulations as they relate to tree care and traffic control;
• First Aid Certification from a nationally recognized organization (minimum of one
member of each crew);
• Ability to communicate orally and in writing In English; and,
• Demonstrated knowledge of tree care and related operations,
9. ISA Standards - The Contractor shall deliver a level of quality that is compatible with Current
International Society of Arboriculture (ISA) standards, and standards and requirements
described herein in providing tree services compatible with standard practice that results In
a neat, clean and attractive appearance to trees and associated sites serviced under the
terms of the Contract.
10. Clean Worksite - Upon completion of work on individual street segments that are under the
Contract, Contractor shall clean the work site and all grounds adjacent to the work area of
all rubbish, excess materials and equipment. Ali sections of the work area she be left in a
neat and presentable condition. Care should be taken to prevent spillage on streets over
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14. Safety Requirements - The Contractor shall conduct all work outlined in the Contract in such
a manner as to meet all currently accepted standards for safe practices during the operation
and to safely maintain stored equipment, machines and materials Dr other hazards
consequential or related to the work; and agrees additionally to accept the sole
responsibility for complying with all current City, County, State or other legal requirements
including, but limited to, full compliancewith the terms of the applicable OSHA, CAI. EPA
Safety Orders and ANSI Z133.1 Safety Requirements for Arboricuiturai Operations at all
times so as to protect all person, including Contractor employees, agents of the City,
vendors, members of the public or others from foreseeable Injury or damage to their
property.
15, Traffic Control - The Contractor shall be responsible for traffic control and safety regulations
as related to any City, State or County requirements while working in the public right-of-way
or on any City project. The design and operation of work zone traffic controls must compiy
with US Department .of Transportation/Federal highway Administrative guidelines and any
City, County or State supplements guidelines andjor regulations and laws. All operations will
be conducted by the Contractor to provide maximum safety for the public according to the
most recent edition of the MUTCD (Manual on Uniform Traffic Control Devices) and any
California supplements to the M UTCD and any heal regulations.
Where work is in progress, each street shall be open to local traffic at all times unless prior
arrangements have been made and approved by the City's designated representative.
The Contractor shall display standardized warning signage when controlling traffic around
any area used for staging or working in any area that is subject to pedestrian or vehicular
traffic. At no tirne shall traffic be permitted to enter, or operations allowed to continue, In
any work zone that presents a dangerous conditions to pedestrian and/or vehicular traffic.
The Contractor may be required to submit a traffic control plan to the Engineering
Department as directed by the City's designated representative.
16. Utility Coordination - The Contractor shall recognize the rights of utility companies within
the public right -of- way or on any City project and their need to maintain and repair their
facilities. The Contractor shall exercise due and proper care to prevent damage to utility
facilities and to adjust schedules when utility operations prevent the Contractor from
maintenance during a specified time frame, No additional compensation will be allowed for
complying with these requirements. Contractor shall notify the City's designated
representative of any utility that is disturbed or damaged and shall contact the appropriate
utility to arrange for repair.
17. Authority and Inspections
a. The City's designated representatives shall, at all times, have access to the work and
shall be furnished with every reasonable facility for acquiring full knowledge with
respect to the progress, workmanship and characters of materials and equipment used
and employed in the work. Whenever the Contractor varies the period during which
work is carried out, they shall give due notice to the City's designated representative so
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listed as a proposal item, the Contractor shall submit a fair cost for the work to be
performed. A change order authorization, In writing, will be issued by the City.
19. invoicing - Contractor shall be required to submit invoices on a monthly basis. Invoice
format shall Include but not be limited to the date the work took place, a list of each street
or location that work took place, the address of each individual work site and the activity,
the species and its current condition, height, trunk diameter and canopy spread of each
individual tree. Each invoice shall include an exact copy in electronic format that is
compatible with the CIty'sTree inventory program. Failure to submit invoices in this format
may result In non-payment until these requirements are met.
20. Withholding Payment - The City may withhold payment to such extent as may be necessary
to protect the City from loss due to one or more of the following reasons:
• Defective, unsatisfactory or inadequate work not corrected; If notified by the City
• Claims filed, or reasonable evidence indicating probable filing of claims;
• Failure of the Contractor to make proper payments to subcontractors or for materiels or
labor;
• A reasonable doubt that the contract can be completed for the balance unpaid; and,
• Damage that resulted from an incident involving property damage.
21. Stop Work
a. If the Contractor, after having officially commenced work on said Contract, should
discontinue work for any cause, he/she shall notify the City's Designated Representative
of the Intent to do so, and shall further notify of the date for restarting operations.
b. The City, at the discretion of the City's Designated Representative, may require the
Contractor to Stop Work if any condition presents an unreasonable liability to the City,
until such time as the condition is corrected to the satisfaction of the City.
22. Risk Management - Tree work is a controlled task. At no time should work be performed so
as to result in a loss of control incident (e.g, free -falling large limbs or trunk sections, hinge
cutting to avoid use of ropes/hoisting equipment, lack of safety apparatus/equipment
guards, improper use/loading of equipment). Failure to maintain control at all tunes is
dangerous and can result in serious injury. A loss control incident will not be tolerated and
may result In termination of this Contract. The Contractor shall be responsible for mitigating
any damage related to a loss of control incident.
23, Investigation - Contractor shalt cooperate fully with the City in the investigaticin of any
accident, injury or death occurring on City property or while in the performance of work
based on the contract, including a complete written report submitted to the City's
Designated Representative within twenty-four (24) hours following the occurrence.
Should any structure or property be damaged during permitted or contracted tree
operation, the persons conducting the work shall iinrnediately notify the proper owners or
authorities. Repairs to property damaged by the responsible party shall be made within
forty-elght (48) hours, except utility lines, which shall be repaired the same working day.
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ATTACHMENT "B" PAYMENT OF SERVICES
Contractor: West Coast Arborists, inc.
The undersigned proposes to furnish all materials, supplies, equipment and/or services set forth herein,
subject to all conditions outlined in the RFP, at prices Indicated below, AJI applicable services include
cleanup and disposal.
Tree Planting (per tree). Tree planting Includes tree, materials and planting costs
15 Gallon (double staked per specs')
24 inch Box (double staked per specs)
36 inch Box (double staked per specs)
48 inch Box
60 inch Box
Tree Watering (per hour). Watering of young trees, water truck/operator-per
hour
Tree Pruning (by Grid). Price per tree to Prune by Grid
Tree Pruning (per Service Requests). Full prune tree or by Species
0"-6" Diameter Standard Height
7"-12" Diameter Standard Height
13"-18" Diameter Standard Height
19"-24" Diameter Standard Height
25"-30" Diameter Standard Height
31"-36" Diameter Standard Height
36' + Diameter Standard Height
Crown Raise/Clearance Prune Hardwood tree
0"-6 Diameter Standard Height
7"-12' Diameter Standard Height
13"-18" Diameter Standard Height
1g"-24" Diameter Standard Height
25"-30" Diameter Standard Height
31"-36" Diameter Standard Height
36"+ Diameter Standard Height
Palm Tree Trimming
Prune Date Palm (Phoenix spp.)
Clean Trunk for Date Palm (Phoenix spp,)
Prune Fan Palrn (Washingtonia spp.)
Clean Trunk for Fan Palm (Washingtonia spp.)
Prune all other Palm Species
Unit price in Figures
$145.00
$240,00
$825.00
$1,450.00
$2,450.00
$ 70.00
$62.00
$62.00
$82.00
$102.00
$142.00
$232,00
$302,00
$402.00
$25.00
$25,00
$25.00
$25.00
$25.00
$25,00
$25.00
$150.00
$20.00
$62.00
$12.00
$62,00
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Plant Health Care Services
Tree Spraying from Ground Level (per diameter Inch)
Tree Spraying from Aerial Tower (per diameter inch)
Insecticide Trunk Banding (per diameter inch)
Plant Growth Regulator (PGR) Trunk Banding (per diameter Inch)
Plant Growth Regulator (PGR) Sail Application (per diameter inch)
Insecticide or Fungicide Soil Application (per diameter inch)
Fertilizer Drenching (per diameter inch)
Trunk Injection - insecticide/Miticide (per diameter inch)
Trunk injections Fungicide (per diameter inch)
Trunk Injection — Insecticide and Fungicide (per diameter inch)
$2.00
$4.00
$5,00
F-
$4.00 _
$2.00
$2,00
$4.50
$8,a0
Contractor's Initials;
Bate:
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AGREEMENT FOR GENERAL SERVICES BETWEEN
THE CITY OF ENCINITAS AND WEST COAST ARBORISTS, INC.
GENERAL SERVICES AND MAINTENANCE CONTRACT ONLY
(Non-Federal/Prevailing Wage)
THIS Contract Is made and entered into by and between the City of Encinitas, a municipal
corporation, hereinafter referred to as "City", and West Coast Arbcrists, Inc. hereinafter referred to
as "Contractor"....
RECITALS
City requires Contractor to perform its scope of work generally described as:
The requirement of this Contract Is to provide professional Urban Forestry Maintenance Services as
conditioned in RFP No, 2017-06; for planting, pruning, trimming, staking,- raising, removal, disposal,
stump grinding and chipping, Inventorying, documenting and all other services required to maintain the
City of Encinitas trees in "a safe, attractive and overall healthy condition.
Contractor represents itself as possessing the necessary skills and qualifications to maintain
the bub11c works project required by City and possessing all required licenses and certifications;
NOW THEREFORE, in consideration of these recitals and the mutual covenants contained
herein, City and Contractor agree as follows:
1,0 • Contract Documents
1.1 The Contract Documents shall be deemed to be this Agreement, the Request for
Proposal and Contractors submission, all documents attached and specifically referenced herein.
2.0 ere tractor's f)lal ations Attacitrne t A
2.1 Contractor shall perform its scope of work that is described in Attachment "A",
which is attached hereto and incorporated herein as though fully set forth at length.
2.2 Contractor shall, at its own cost and expense, In a competent manner consistent -with
all applicable standards of care, furnish all labor, Inspection, technical, administrative, professional
and other personnel, all supplies and materials, equipment, tools, printing, vehicles, transportation,
office space and facilities, and all tests, testing and analyses, calculations, and all ether means and
methods"whatsoe"er, except- as herein otherwise expressly specified to be furnished `by City,
necessary or proper to perform and complete the scope of want andprovide the services required by
this Agreement.
2.3 Contractor Is hired to render those services necessary to perform the Scope of Work
In a professional mariner, and any payments made to Contractor are compensation fully for those
services.
2.4 Contractor shall maintain throughout the full term of this Agreement all professional
certifications and licenses required In order to comply with all city, state, and federal laws in the
performance of this Agreement.
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2.5 For the services to be performed, Contractor shall pay wages to Contractor's
employees according to the current "General Prevailing Wage Rates" issued by the Director of the
Department of Industrial Relations of the State of California and pursuant to California Labor Cade
Part 7, Chapter 1, Article 2, Sections 1770, 1771, 1773, 1773,1, Contractor snail follow all prevailing
wage reporting required by law and the State Department of Industrial Relations (DIR).
3.0 Extra Work
3.1 Contractor, in providing the services as set forth herein, shall not perform work and
will not be paid for work In excess of the Agreement amount without first obtaining a fully executed
written Change Order from City or its authorized designated representative. All requests for extra
work shalt be made In writing and submitted to City.
4.0 Pa yment For Services (Attachment 13).
4,1 Contractor's payment for services, including fee schedule or other terms of
compensation, is attached hereto as Attachment ` 8" and incorporated herein by this reference.
4.2 City agrees to compensate Contractor for the services provided under this
Agreement, and Contractor agrees to accept In full satisfaction for such services, payment in
accordance with Attachment "R".
4.3 Contractor shall submit to City an invoice, on a monthly basis or as otherwise
agreed, for the services performed pursuant to this Agreement. Each inveloe shall Itemize the
services rendered during the billing period and the amount due. City shall pay all undisputed
amounts included on the Invoice. City shall not withhold applicable taxes or other authorized
deductions from payments made to Contractor.
5.0 Term of Agreement
5.1 This Agreement shall be effective on and from the day, month and year of the
execution of this document by City.
5.2 Term. The term of the Agreement is for a period of four (4) years commencing on
the Execution pate by City, and terminating four (4) years from the execution date (`Termination
Date") unless terminated earlier as set forth herein, or extended pursuant to Section 5.3 below.
5.3 Qtions to Extend'. Provided that City is satisfled with Contractor's performance
under this Agreement and Contractor is in full compliance with the terms and conditions of this
Agreement, City shall, at its sole discretion and without obligation to Contractor, have the option to
extend the terms of this Agreement for no more than two (2), three (3) year options. The City
Manager and Contractor shall execute the extension(s) within sixty (60) days prior to the expiration
of the Agreement. The total Agreement term may not exceed (10) ten years.
5.4 Aoreement price. Contractor agrees not to raise prices for the original four (4) year
term of the agreement. Thereafter, Contractor may request In writing no later than ninety (90) days
from the option date to request a contract extension and price increase not to exceed the prior year
annual Bureau of Labor Statistics Consumer Price Index, San Diego or 2%, whichever is greater. All
price increases shall take effect upon the effective date of the renewal.
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6.0 Termination of Agreement
6.1 in the event of Contractor's failure to prosecute, deliver, or perform the described
services, the City may terminate this Contract by notifying Contactor by certified mall of said
termination. Thereupon, Contractor shall cease work and within five (5) working days; (1)
assemble all materials and records prepared or obtained in the performance of this Agreement and
deliver said documents to the City and (2) place all work in progress in a safe and protected
condition. The City Manager shall make a determination of the percentage of work.__ which
Contractor has performed which is usable and of worth to the City. Based upon that finding, the
City shall determine any final payment due to Contractor. _
6.2 This Contract may be terminated by the City, without cause, upon the giving written
notice to the Contractor. Contractor shall: (1) assemble all materials and records prepared or
obtained in the performance of this Contract and deliver said documents and materials to the City
and (2) place all work in progress in a safe and protected condition, The City Manager shall make
a determination of the percentage of work which Contractor has performed which Is usable and of
worth to the City. Based upon that finding, the City shall determine any final payment due to
Contractor.
7,0 Independent Contractor,
7.1 Contractor shall perform the services provided for herein in a manner of Contractor's
own choice, as an independent contractor and In pursuit of Contractor's independent calling, and not
as an employee of City. Contractor shall be under control of City oniy as to the result to be
accomplished and the personnel assigned to the Protect. However, Contractor shall confer with City
as required to perform this Agreement.
7,2 if Contractor is approved by the City to subcontract for extenuating circumstances
any work to be performed under this Agreement, Contractor shall be as fully responsible to City or
the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly
employed by the subcontractor, as Contractor is for the acts and omissions of persons directly
employed by Contractor. Nothing contained in the Agreement shall create any contractual
relationship between any subcontractor of Contractor and City, Contractor shall bind every
subcontractor by the terms of the Agreement applicable to Contractor's work, including Indemnity
and insurance requirements.
8.0 No Assignment of.Agreerrent
8.1 Contractor has no authority or right to assign this Agreement or any part thereof or
any monies due thereunder without first obtaining the prior written consent of City.
9.0 No Verbal Agreement or Conversation
9.1 No verbal agreement or conversation with any officers, elected officials, appointed
officials, volunteers, agent or employee of City, either before, during or after the execution of this
Agreement, shall effect or modify any cf the terms or obligations herein contained nor such verbal
agreement or conversation entitle Contractor to any additional payment whatsoever under the terms
of this Agreement.
10.0 Disputes
10.1 If a dispute should arise regarding the performance of this Agreement, the following
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initial dispute resolution procedures shall be used:
A. Within twenty (30) City working days after a dispute regarding the performance of this
Agreement arises, it shall be reduced to writing at staff level by the complaining party setting
forth the nature of the dispute in detail, along with all pertinent back-up documentation in
support. The wilting shall be delivered to the receiving party by first class mail or personal
delivery directly to the party's project manager, along with recommended methods of resolution.
6, The party receiving the letter shall reply to the letter with a detailed response, along
with a recommended method of resolution, if any, within ten (10) City working days of receipt of
the fetter.
10.2 If the dispute Is not resolved at staff level in accordance with Section 10,1, within five (5)
City working days of the receiving party response (or longer if agreed between the parties), the
aggrieved party, through its respective project manager shall deliver to the City Manager's office a letter
outlining the dispute for the City Managers review. The receiving party may submit further response, If
required, to the City Manager within five (5) city working days thereafter. The City Manager, at his/her
sole discretion may respond as he/She deems appropriate, Including recommendations for resolution,
discussion or rejection of the dispute within fifteen (15) working days of receipt of the complaint,
10.3 If the dispute remains unresolved and the parties have exhausted the procedures
outlined in this section, the parties may then seek remedies available to them under this Agreement and
at law, including, but not limited to, under the termination procedures, This provision does not relieve
Contractor of its obligation and Contractor is required to timely comply with all applicable provisions of
the Government Claims Act before Initiating any legal proceeding against City.
11,0 Hold Harmless
11.1 To the greatest extent allowed by law, Contractor shall defend and indemnify and
hold City, Its officials, officers, agents, ernployoos, and representatives free and harrniess from any
and all claims, demands, negligence (Including the active or passive negligence of City as allowed
by law), causes of action, costs, expenses, liabilities, losses, damages or injuries, In law or equity,
regardless of whether the allegations are false, fraudulent, or groundless, to property or persons,
Including wrongful death, to the extent arising out of or incident to any acts, omissions, negligence or
willful misconduct of Contractor, its officials, officers, employees, agents, consultants, subcontractors
and contractors arising out of or in connection with the performance of the scope of work or this
Agreement, Including without limitation the payment of all damages and attorney's fees, fines,
penalties and other related costs and expenses. The only limitations on this provision shall be those
imposed by Civil Code Section 2782 or other applicable provisions of law,
11.2 Contractor's defense obligation (with counsel approved by City), shall arise
irnrnediately upon City's tender, at Contractor's own cost, expense and risk, any and all such
aforesaid suits, actions or other legal proceedings of .every kind that may be brought or instituted
against City, its officials, officers, agents, employees and representatives, notwithstanding whether
liability is or can be established against City. Contractor shall pay. and satisfy any judgment, award or
decree that may be rendered against City, ite officials, officers, employees, agents, employees and
representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse City,
its officials, officers, agents, employees and representatives for any and all legal expenses and costs
Incurred by each of them in connection therewith or In enforcing the indemnity herein provided. The
only limitations on this provision shall be those imposed by Civil Code Section 2782 or other
applicable provisions of lawny.
11.3 Contractor's defense and indemnity obligations herein include, but are not #imited to
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damages, fines, penalties, attorney's fees and costs arising from claims under the Americans With
Disablifties Act (ADA) or other federal or state disability access or discrimination laws arising from
Contractor's Work during the scope of work or after the Project Is complete, as the result of defects
or negligence In Contractor's services.
11.4 Contractor's obligation herein includes, but is not limited to, al€aged defects in the
services performed; alleged defects in the materials or services furnished under the Agreement;
alleged injury to persons or property; alleged Inverse condemnation of property as a consequence of
the performance of the work or the improvement; anyregulatory violations (Including but not limited
to Stormwater Pollution Control BMP/Brosion Control and regulatory requirements); and any
accident, loss or damage to City property or third party !lability prior to the acceptance of same by
City.
11.5 By inspecting, approving or accepting the services performed by Contractor, City
shall not have waived the protections afforded herein to City and Cfty's officers, elected off€class,
appointed officials, volunteers, employees and agents or diminished the obligation of Contractor who
shall remain obligated in the same degree to indemnify and hold City and City's officers, elected
officials, appointed officials, volunteers, employees and agents, harmless as provided above,
12.0 Insurance
12.1 Commercial _General Liability Insurance, Contractor shall obtain and maintain for the full
term of this Agreement, comprehensive general liability and property damage insurance, or commercial
general liability insurance, from an insurance company approved by City having a Best Elating of A-: VII
or better and authorized by the Insurance Commissioner of the State of California Department of
Insurance to be transacting business in the State of California, In the following minimum limits:
General liability (including operations, Products and completed operations)
Combined Single Limit Per Occurrence $5,000,000,00
General Annual Aggregate $10,000,000,00
The limits of insurance shall not relieve Contractor from liability in excess of such coverage, nor shall it
limit Contractor's indemnification obligations to City, and shall not preclude City from taking such other
actions available fo City under other provisions of the Agreement, Contract Documents, or law.
Contractor shall make certain that if any and all subcontractors hired by Contractor are insured In
accordance with this Agreement. If any subcontractor's coverage does not comply with the foregoing
provisions, Contractor shall indemnify and hold City harmless from any damage, loss, cost, or
expense, including altornay's fees, incurred by City as a result thereof,
All general liability. policies shall be written to apply to all bodily injury, including death, property damage,
personal- injury, owned and non -owned equipment, blanket contractual liability, completed operations
liability, explosion, collapse, under -ground excavation, removal of lateral support, and other covered
lass, occurring during the policy term, and shall specifically insure the performance by Contractor.
Contractor may combine primary, umbrella, and as broad as possible excess liability coverage to
achieve the total limits indicated above. Any umbrella or excess liability policy shall include the
additional insured endorsement described in this Agreement.
12.2 Automobile Liability Insurance. Such insurance shall provide coverage for bodily injury
and property damage `including coverage for non -owned and hired vehicles, In a form and with
insurance companies acceptable to City for bodily injury and property damage in an amount, at feast,
one million doitars ($1,000,000) per person per accident.
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12.3 Workers' Compenseticq insurance. Contractor shall provide, during the term of this
Agreement, workers` compensation insurance for all of the employees engaged in Work under this
Agreement, on or at any work site, and, in case of any sublet Work, Contractor shall require each
subcontractor similarly to provide workers' compensation Insurance for all cf the tatter's employees as
proscribed by State law. Any class of employee or employees not covered by a subcontractor's
insurance shall be covered by Contractor's Insurance, Contractor is required to secure payment of
compensation to its employees in accordance with the provisions of Section 3700 of the Labor Code in
an amount of, at least, one million dollars ($1,000,000) per person per accident and shall contain a
Waiver of Subrogation in favor of City.
Contractor shall assume the immediate defense of and indemnify and save harmless City and its
officers and employees, agents, and consultants from all claims, lass, damage, injury, and liability of
every kind, nature, and description brought by any person employed or used by Contractor, or any
subcontractors, to perform the scope of work under this Agreement regardless of responsibility or
negligence,
12.4 Employer's Liability insurance. Contractor shall provide during the life of this
Agreement, Employer's Liability Insurance, including Occupational Disease, In the amount cf, at least,
one million dollars ($1,000,000.00) per person per accident. Contractor shall provide City with a
certificate of Employer's Liability Insurance. Such Insurance shall comply with the provisions of the
Agreement and Contract Documents. The policy shall be endorsed, ifapplicable, to provide a Borrowed
Servant/Alternate Employer Endorsement and contain a Waiver of Subrogation in favor of City.
12.5 form Proof of Insurance. Any insurance carrier providing insurance coverage required
by the Agreement and Contract Documents shall be admitted to and authorized to do business In the
State of California unless waived, In writing, by City's Risk Manager. Carrier(s) shall have an A.M. Best
rating of not fess than an A ; VII or better. Insurance deductibles or self -insured retentions must be
declared by Contractor, and such deductibles and retentions shall have the prior written consent from
City.
12.6 Additional insured Requirement. City, its officers, elected officials, employees,
contractors, construction managers, architect and volunteers we to be covered as additional Insureds
by endorsement under the General Liability, Automobile Liability, Employers Liability and Workers
Compensation Liability Insurance policies. The General Liability policy shall be evidenced by an
additional Insured endorsement, using form ISO CG 20-10-10-01 and GC 20-37-10-01 cr the exact
equivalent.
12.7 Other Insurance Requirements_ The Certificate(s) and policy(s) of Insurance shall
provide no less than thirty (30) days written notice be given to City prior to any material modification or
cancellation of such insurance. In the event of a material modification or cancellation of coverage, City
may terminate or Step Work pursuant to this Agreement and Contract Documents, unless City receives,
prior to such effective date, another property executed original Certificate of Insurance and original
copies of endorsements or certified original policies, including all endorsements and attachments
evidencing coverages and the insurance as required Is in full force and effect.
Contractor shall not fake possession of.any work site, or commence its scope of work under this
Agreement until City has been furnished original Ceriificate(s) of Insurance and certified original copies
of Endorsements and any and all other attachments as required in this Agreement. The original
Endorsements for each policy and the Certificate(s) of Insurance shall be signed by an individual
authorized by the insurance carrier to do so an its behalf.
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It is understood and agreed to by the parties and the Insurance company(s) that the Certificate(s) of
Insurance and policies shall be construed as primary, and City's insurance and/or deductibles and/or
self -insured retentions or self -Insured programs shall not be construed as contributory.
13.0 Payroll records
13.1 Consistent with Labor Code Section 1776, Contractor and each subcontractor shall
maintain accurate weekly certified payroll records showing the name, address, social security number,
work classification, straight time and overtime hours paid each day and week, and the actual per diem
wages paid to each journeyman, apprentice, worker or other employee employed in connection with the
work. Contractor shall certify under penalty of perjury that records maintained and submitted by
Contractor are true and accurate, Contractor shall also require subcontractor(s) to certify weekly payroll
records under penalty of perjury.
13.2 The payroll records described heroin shall be certified and submitted by Contractor at a
time designated by City. Contractor shall also provide the foiIowrng:
A certified copy of the employee's payroll records shall be made available for inspection or furnished to
such employee or his or her authorized representative on request.
A certified copy of ail payroll records described herein shall be made available for inspection or
furnished upon request of the Department of Industrial Relations ("DIE").
The certified payroll records shalt be on forms provided by the Division of Labor Standards Enforcement
("DLSE") of the Dili or shall contain the same information as the forms provided by the DLSE.
Any copy of records made available for Inspection and furnished upon request to the public shall be
marked or obifterated in such a manner as to prevent disclosure of an Individual's name, address, and
social security number. The name and address of Contractor or any subcontractor shall not be marked
or obliterated.
13.3 Pursuant to Labor Code Section 1775, Contractor and any subcontractor under the
Agreement shalt, as a penalty to the state or politicar subdivision on whose behalf the contract is made
or awarded, forfeit not more than two hundred dollars ($200) far each calendar day, or portion thereof,
for each worker paid less than the prevailing wage rates as determined by the DIR for the work or craft
in which the worker is employed for any public work done under the Agreement by Contractor or, except
as provided by statute, by any subcontract under the Agreement< Upon the request of the DIR, such
penalties shalt be withheld from Agreement payments,
14.0 Ereva�lin 1�dage and Enforcemen Compliance
14.1 This is a prevailing wage contract and prevailing wage rates for this locality and project as
determined by the Director of the DIR apply, pursuant to labor code section 1770, et, Seq. A copy of the
prevailing wage rates shall be posted on the job site by Contractor. A sohedule of prevailing wage rates
is available for review at City's offices or may be found on the Internet at http://www.dieca.gov/Public-
Works/Prevailing-Wage,html. Contractor shall be required to pay at least the wage rates set forth In that
schedule, Certified Payroi! records shall be maintained by Contractor and copies of the certified payroll
small be electronically sent to the DIR and be delivered to City at the end of each month during the entire
duration of the project.
Contractor is subject to compliance monitoring and enforcement by the DIR. SubJeot to exceptions as
set forth in Labor Cade section 1771,1, Contractor or subcontractor shall not be qualified to bid on, be
listed In a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or
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engage in the performance of any contract for public work, as defined by statute, unless it is currently
registered and qualified to perform public work pursuant to Labor Code Section 1725.5. City may not
accept a bid nor any contract or subcontract entered into without proof of Contractor ar subcontractor's
current registration to perform public work pursuant to Section 1725.5. For more information, go to
h ttp://www. dinca.gov/P ub lie-Works/Certified-Payreoll-Rep o rtf ng. h tml.
Contractor shall be aware of the requirements of Labor Code Sections 1720 et seq. and 1770 et seq,,
as well as California Code of Regulations, Title 8, Section 16000 et seq. ("Prevailing Wage Laws"),
which require the payment of prevailing wage rates and the performance of other requirements on
certain "public works" and 'maintenance" projects, Since this Project invcives an applicable "public
works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total
compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws.
Contractor shall obtain a copy of the prevailing rates of per diem wages at the commencement of this
Agreement from the website of the Division of Labor Statistics and Research of the Dl t fccated at
www.dfr.ca.gov/dlsr/. in the alternative, Contractor may view a copy of the prevailing rates of per diem
wages at City's offices. Contractor shall make copies of the prevailing rates of per diem wages for each
craft, classification or type of worker needed to perform work on the Project available to interested
parties upon request, and shall post copies at Contractor's principal place of business and at the Project
site. Contractor shall defend, Indemnify and hold City, its elected officials, officers, employees and
agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure
or allege failure to comply with the Prevailing Wage Laws.
14,2 Contractor and each subcontractor shall forfeit as a penalty to City not more than two
hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the
stipulated prevailing wage rate for any work done by him, or by any subcontractor under him, in violation
of the provisions of the Labor Code. The difference between such stipulated prevailing wage rate and
the amount paid to each worker for each calendar day ar portion thereof for which each worker was paid
less than the stipulated prevailing wage rate shall be paid to each worker by Contractor.
Contractor shall post, at appropriate conspicuous paints on the Project site, a schedule showing all
determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages
actually earned.
15.0 Ern loyment of Appreniaices
15.1 Contractor's attention is directed to the provisions of Sections 1777.5, 1777.6, and
1777,7 of the Labor Code concerning employment of apprentices by Contractor or any subcontractor,
Contractor shall obtain a certificate of apprenticeship before employing any apprentice pursuant to
Section 1777.5, 1777,6, and 1777.7 of the Labor Code, information relative to apprenticeship standards,
wage schedules, and other requirements may be obtained from the Director of the DER; the
Administrator of Apprenticeships, San Francisco, California, or from the Division of Apprenticeship
Standards and its branch offices.
16.0 hfondiscrim;nation/Equal Employment Qoriortunity
16.1 Pursuant to Labor Code Section 1735 and other applicable provisions of law, Contractor
and its subcontractors shall not discriminate against any employee or applicant tor employment
because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap
on this Project. Contractor will take affirmative action to ensure that employees are treated during
employment or training without regard to their race, color, religion, sex, national origin, age, politica!
affiliation, marital status, or handicap,
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17.0 Labor/Employment Safety
17,1 Contractor shall maintain emergency first aid treatment for Its employees which
complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S,C. § 651 et seq.), and
California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial
Relations, Chapter 4, Contractor shalt further comply with ail other federal, state or local safety
regulations, as they may apply to its scope of work. City ehall not be responsible for inspection of
Contractor's safety practices ar for safety violations caused by Contractor.
18.0 Conflict of Interest
18.1 Contractor warrants and covenants that it presently has nc Interest in, nor shall any
interest be hereinafter acquired In, any matter which will render the services required under the
provisions of this Agreement a violation of any applicable state, focal, or federal law, including, but not
limited to, Government Code section 1090. If any principal provider of services Is a "consultant" for the
purposes of the Fair Political Practices Act (Gov. Code § 81000 et seq.), each such person shalt comply
with Form 721 Statement of Economic Interests filing requirements in accordance with state or City local
Conflict of interest Code. In addition, if any other conflict of interest should nevertheless hereinafter
arise, Contractor shalt promptly notify City of the existence of such conflict of Interest so that City may
determine whether to terminate this Agreement.
19.0 General Provisions
19,f Contractor agrees and hereby stipulates that the proper venue and jurisdiction for
resolution of any disputes between the parties arising out of this Agreement is San Diego County, North
County Judicial Branch, California.
19.2- Waiver of a breaoh or default under this Agreement shall not constitute a continuing
waiver of a subsequent breach of the same or any other provision under this Agreement.
19.3 If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall
continue in full force and effect.
19,4 Precedence of Agreement Documents. If there Is a conflict between any of the
contract documents, Including attachments or incorporated documents such as the Request for
Proposal (RFP) and Contractor's RFP response, the documents in the highest of precedence shall
control. if no direct conflict exists, then Contractor is required to meet all requirements of this
Agreement and all incorporated documents and references. The order of precedence, from highest
to lowest, shall be as follows:
a) This Agreement, including Attachments A and B.
b) The City RFP.
o) Contractor's RFP response.
d) Standard Specifications.
e) Reference Specifications.
f) industry Standards.
20.0 Contractor's Books and_Records/Audit Right
20.1 Contractor shall maintain any and all ledgers, books of account, invoices, vouchers,
canceled checks, and other records 'or documents evidencing ar relating to charges for services, or
expenditures and disbursements oharged to City for a minimum period of three (3) years, or for any
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longer period required by law, from the date of final payment to Contractor,
20.2 Contractor shall maintain all documents and records which demonstrate performance
under this Agreement for a minimum period of three (3) years, or for any longer period required by
law, from the date of termination or completion of this Agreement.
20.3 Any records or documents required to be maintained pursuant to this Agreement
shaft be made available for inspection or audit, at any time during regular business hours, upon
written request by the City Attorney, City Council, City Auditor, City iMlanager, or a designated
representative of any of these officers. Copies of such documents shall be provided to City for
Inspection when it is practical to do so, Otherwise, unless an alternative Is mutually agreed upon, the
records shall be available for review and copying at Contractor's address indicated for receipt of
notices In this Agreement.
20,4 City may, by written request by any of the above -named officers, require that custody
at the records be given to City and that the records and documents be maintained In the City
Manager's office. Access to such records and documents shall be granted to any party authorized by
Contractor's representatives, or Contractor's successor In interest_
211,0 Written Notlf!cation
21.1 Any notice, demand, request, consent, approval or communication that either party
desires or is required to give to the other party shall be in writing and either served personally or sent by
prepaid, first class mail, Any such notice, demand, etc, shall be addressed to the other party at the
address set forth below, Either patty may change its address by notifying the other party of the change
of address, Notice shall be deemed communicated within 48 hours from the time of mailing If mailed as
provided In this section.
If to City:
City of Encinitas
05 N. Vulcan Ave Encinitas, Ca 92024
If to Contractor:
West Coast Arborists, Inc.
2200 E. Via Burton Street Anaheim, Ca 92806
22,0 Contractor's Awareness And Compliance With The Americans With D9sabiflties Act Of
1990
22.1 Contractor certifies that Contractor is aware of the requirements of the Americans with
Disabilities Act of 199a (42 U. S. Code §12101) and has complied with and will comply with these
requirements, including but not limited to verifying compliance of their contractors, consultants, agents
and employees.
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West Coast Arborists, Inc. „ CITY OF ENCI NITAS
Contracto r'
By: 1 S- DlS By: ?'1 ,!O4L !/aJkr
Signature) Date) (Signature) Date)
‘pplbeici 7.. /:City Manager
(Title)
(Title)
Attest:
Dated:
APPROVED AS TO FORM
Gie n Sabine, ity Attorney,}
f
City Clerk
Dated: 11 11
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ATTACfIMENT "A" CONTRACTOR'S SCOPE OF WORK
.Contractor: West Coast Arbprists?lnc.
The requirement of this Contract is to provide professional Urban Forestry Maintenance Services for
planting, pruning, trimming, staking, raising, removal, disposal, stump grinding and chipping,
Inventorying, documenting and ail other services required to maintain the City of Encinitas trees In a
safe, attractive and overall healthy condition.
The City proposes to enter into a Contract with a qualified Contractor who is proactive in their work and
can meet the requirements set forth irr this proposal package. The Contractor will be required to
perform and complete the proposed Urban Forestry Maintenance Services in a thorough and
professional manner, and to provide all labor, tools, equipment, materials and supplies necessary to
complete the work according to generally accepted International Society of Arboriculture (ISA) practices
and standards, and in a timely manner that will meet the City's requirements. The successful proposer
will be required to comply with all current prevailing wage requirements as set forth In the Labor Code
administered by the Department of Industrial Relations.
There are two main program goals. First, the City requires an update to the current tree inventory and
database, which includes updating and maintaining records throughout the term of the Contract,
Second, the City requires an annual tree maintenance program to support and develop its Urban Forest.
The following requirements are meant to meet these goals.
A. Tree Inventory
1, Upon Contract award, the successful Proposer snail be required to provide a complete
update of the City'e tree inventory at no additional cost to the City and submit the
completed inventory to the City within ninety (90) days of the Contract award. The new
inventory shall capture ari trees within the Public Rights of Way, new tree sites ,as well as,
trees In parks, open space areas and city facilities, The Centractor,shall provide, at no
additional cost to the City, software support to the City for the entire term of the Contract.
The Contractor shall provide the City with recommendations for tree maintenance, tree
health care, recommended planting locations, and recommended removals. Failure to meet
and maintain the requirements for the.coniputerized tree inventory system shall be grounds
for immediate termination of the Contract.
2, Tree Software Program - The Contractor shall operate and maintain, at no additional cost to
the City, a computerized Internet based urban forestry management program that includes,
but is not limited to, municipal tree inventory, ability to send online work requests for
services, work order tracking, work histories and the ability to update site specific tree data
and work records, Invoices tracking and job balanoes, reports, value of the urban forest, GPS
accessibility, and various other computer information management system tools.
3, Record Keeping - The Contractor will provide, at no additional cost to the City, access to a
record keeping system consisting of a password protected Internet -driven tracking program
and Internet- based software program that allows the City to maintain information about its
tree population, Including the description of each tree by species, height, diameter, work
history, and tree and planting site location. The program shall have the capability to produce
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detailed listings of trees and site information, work histories, service requests, summary
reports and pictures of City tree species.
4, GPS - Since the City of Encinitas already has a tree Inventory in GIS, the City's GIS Division
will provide the current tree inventory feature class (SQL table) to the contractor as a
starting point. This includes but is not limited to all publicly owned trees on street rights -of -
way, parks and open spaces such as medians, streetscapes, etc.
The contractor shall then track the maintenance and characteristic information of the trees
in the City of Encinitas' tree inventory feature class in ArcGis version :10. Or, the contractor
shall incorporate the City's tree inventory FacflitytD field into their awn database, and
include x and y (lat/long) fields necessary to map the trees in GIS.
For on -going data maintenance, when a new tree is planted, the new tree site will be added
as a record to the tree inventory, and will include the latitude/longitude coordinates
(collected by the contractor using a Global Positioning System (GPS) device with minimum
sub -meter accuracy). Lat/long coordinates shall be included at the time a new record is
added, and will not be input at a later date through a bulk update process. Trees that are
removed will not be deleted from the tree inventory, but will be coded as `vacant',
At required intervals, the contractor shall provide an ArcGlS version 10 file or personal
geodatabase containing the updated tree feature class, which will be reconciled with the
City GIS tree inventory. Or, the contractor may provide an Excel spreadsheet or Access
database table containing updated information, -that can be joined to the City's GIS tree
Inventory based on Faciiityla. If the contractor provides their own updated tree inventory
database to the City, there wilt be a one-time requirement to provide a data dictionary of
fields containing tree maintenance and tree characteristic Inform Lion that corresponds -to
similar fields in the City's GIS tree inventory, so that the City is confident that accurate data
synchronization/updating can occur,
5. Tree inventories and Developing Inventory Databases - The program should have specialized
reports designed specifically for City representatives' needs. The program should be
developed based on the needs of the City and allow the City to modify and structure the
program to address its specific needs. The user-friendly program should allow customers to
generate a variety of reports quickly.
Training and Support - The Contractor shall provide, at no additional cost to the City,
training and support on the software system they provide for the entire term of the
contract. Contractor shall provide training to designated City staff during the hours of 7:00
A.M. to 4:30 P.M. Monday through Friday. The Contractor shall be readily available by
telephone or e-mail and shall respond to the City's inquiries In a timely manner.
B. Annual Maintenance Program
1. Public Relations - The Contractor shall endeavor to maintain good public relations at all
times with the public. Ali work shall be conducted in a manner which will cause the least
possible interference with or annoyance to, the public.
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2, Work Schedule - Upon Contract award, the successful proposer shall be required to submit a
work schedule based on the City's annual pruning requirements which is a systematic tree
pruning program composed of existing grid or per -designed districts that are pruned In their
entirety on a set schedule; removal & replacement programs which consist of removing
trees designated by the City and replanting appropriate trees as replacements; and planting
new appropriate trees in areas where trees do not currently exist, The proposal shall include
a recommended annual work plan, daily work schedules, and personnel and vehicles that
would be required to complete the annual maintenance program. Depending on the City's
current and future program needs the scheduled work may require multiple crews to
perform concurrently within the same time constraints.
The Contractor is also required to provide service for trees prior to their regular and
scheduled trim cycle in order to correct an immediate problem or concern as determined by
the City's Designated Representative. Such request(s) shall be addressed and work
completed within one (1) week of notice by the City.
3, Work Hours and City Notification - The Contractor's working hours, for normal work, shall be
limited to the hours between 7:00 AM and 4:30 PM Monday through Friday, excluding
recognized holidays. Deviation from normal working hours will not be allowed without prior
authorization from the Cites. designated representative, The Contractor shall notify the
City's Designated Representative 24hrs before beginning work. The notification shall include
what work is being done and where, the name of the onsite supervisor and his or her direct
phone number.
4, Emergency Response - The Contractor shall be responsible for responding to tree related
emergency situations during normal business hours, after-hours, weekends and holidays.
The Contractor shall have the capacity to deal with any tree related emergency situation
ranging from limbs down on single trees to storm related damage that Involves a large
number of trees requiring the commitment and focus of significant resources and staffing
levels for several days, Response time and protocol during emergencies is critical to the City
of Encinitas.
As part of this Contract, the Contractor shall be required to make the City of Encinitas their
priority client for responses during emergencies that cover the San Diego area.
o Telephone responses by the Contractor to tree related emergency calls during normal
business hours and after-hours shall be made within (30) fifteen minutes of the initial
call,
• The response time for a crew to arrive on -site for tree related emergencies during
normal business hours of operation is sixty (60) minutes.
• The response time for a crew to arrive on -site for tree related emergencies outside of
normal business hours of operation is ninety (90) minutes,
Failure to meet these requirements may be cause for termination of the Contract.
5, Competent Supervisor and Project Manager - The Contractor shall have competent working
supervisors at each jobsite at all times when work is being performed. Each supervisor must
be capable of communicating effectively both in written and oral English, and holding the
necessary certifications or credentials as described for that position. All supervisors must
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possess adequate technical background to ensure that all work is accomplished per
provisions of this Contract,
Contractor is required to have a competent Project Manager available by telephone on a
twenty-four (24) hour basis that is assigned to provide direct and prompt attention to
requests from the City for emergency and after-hours tree service requests.
6. Qualified Staff - Contractor shall employ sufficient personnel qualified by reason of
education, training and experience to discharge the services agreed to be performed by
Contractor, Contractor shall provide service of the highest quality at all times, and personnel
retained to perform this service shall be temperate, competent and otherwise fully qualified
to fulfill the Contractor's obligations under the Contract.
7. Uniforms - All employees of Contractor performing services shall appear neat and well-
groomed at all times and shall be dressed in clean, unaltered uniforms at no additional cost
to the City, with suitable company identification, No portion of the uniform may be removed
while working. Employees not in uniform shall be immediately removed from the work area,
The Contractor shall provide a standard uniform consisting of at least a collared shirt with
buttons, compflmenting pants, a belt and boots appropriate to the work. All shirts, jackets
or safety vests shall be clearly marked with company Identification and the. name of the
employee wearing the uniform in the field, Contractor employees shall wear orange safety
vests when operating machinery and/or while working near moving traffic as required by
any applicable laws.
B. Knowledge, .Skills and Abilities a The"Contractor's employees shall be subject to the following
minimum knowledge, skills, abilities and requirements:
The proper license to operate equipment;
Ability to operate and maintain equipment in accordance with the manufacturer's
recommendations;
A Mechanical ability to make required operator adjustments to the equipment being used;
• Knowledgeable of safety regulations as they relate to tree care and traffic control;
6 First Aid Certification from a nationally recognized organization (minimum of one
member of each crew);
• Ability to communicate orally and In writing in English; and,
• Demonstrated knowledge of tree care and related operations,
9, NA Standards - The Contractor shall deliver a level of quality that is compatible with Current
International Society of Arboriculture (ISA) standards, and standards and requirements
described herein in providing tree services compatible with standard practice that results In
a neat, clean and attractive appearance to trees and associated sites serviced under the
terms of the Contract,
10. Clean Workslte - Upon completion of work on individual street segments that are under the
Contract, Contractor shall dean the work site and all grounds adjacent to the work area of
ail rubbish, excess materials and equipment. All sections of the work area shail be left In a
neat and presentable condition. Care should be taken to prevent spillage on streets over
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which work or hauling Ls done, and any such spillage or debris deposited on street due to
Contractor operation shall be cleaned up immediately.
11, Equipment
a. Overnight parking of equipment, leaving unattended debris and staging of materials on
City streets will not be permitted. Waste bins shall be removed from individual street
segments once the work has been completed,
b. Ail equipment used and all maintenance practices employed shall be subject to the
inspection of the City's designated representative and shall meet safety and functional
requirements described herein. All vehicles and equipment operating under this
Contract shall be properly marked with company Identification and comply with all state
and federal regulations. All equipment must be maintained in a good state of repair. All
safety guards shall be in place. No equipment shall leak oil or fluids. Equipment drive
belts and hoses shall be covered and En good repair and show no sign of fraying. No
equipment shall present any potential danger to the operator, co-workers, passing
motorists or pedestrians. Failure to comply with this provision will be cause to have the
equipment removed from the job site.
c. it is the Contractor's responsibility to maintain a sufficient inventory of equipment so as
to complete work as specified. An inventory of equipment shall be provided with
proposal. This inventory shall include the brand name, model number, weight and
capacities of ail equipment to be used in the performance of the Contract. All
equipment is to bee approved by the City prior to the start of the Contract. It is the
Contractor's responsibility to notify the City's designated representative of any change
In the equipment inventory during the performance of the Contract. This notification
shall come in the form of an updated equipment Inventory list, presented in the form of
a memo on dated company letterhead. Failure to comply with this provision wiil be
grounds to remove the Contractor from the job site until such time as equipment
inventory discrepancies are addressed and may be grounds to terminate the Contract.
12, Disposal of Refuse and Debris/Landfill Diversion Requirement - Ail vegetation and debris
generated by the Contractor in the performance of the work shall become the property of
the Contractor and shalt be removed from the work site promptly. The Contractor shall
dispose of all generated debris at no additional cost to City and shall, at minimum, dispose
of the material as is consistent with the requirements of AB 939, The Contractor is
encouraged to divert as much material as possible from the landfill, meeting or exceeding
the City's goal cif seventy-five (75) percent diversion rate. it is anticipated that one -hundred
(1.00) percent of the material from the work could be diverted, unless a particular tree is
diseased or not suitable for reuse.
13. Protecting the Urban Forest - If, at any time, the Contractor is unclear, on what course of
action to follow in the field, the Contractor shall consult with the City's designated
representative. The Contractor should never proceed with an action that will result in the
permanent disfigurement of the structure or value of a tree. Contractors responsible for the
disfigurement of trees shall be penalized in an amount equal to the appraised value of the
subject tree as determined by an independent Consulting Arborist.
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14. Safety Requirements - The Contractor shall conduct all work outlined in the Contract in such
a manner as to meet all currently accepted standards for safe practices during the operation
and to safely maintain stored equipment, machines and materials or other hazards
consequential or related to the work; and agrees additionally to accept the sole
responsibility for complying with all current City, County, State or other legal requirements
including, but limited to, full compliance with the terms of the applicable OSHA, CAL EPA
Safety Orders and ANSI Z133.1 Safety Requirements for Arboricultural Operations at all
times so as to protect all person, including Contractor employees, agents of the City,
vendors, members of the public or others from foreseeable injury or damage to their
property.
15. Traffic Control - The Contractor shall be responsible for traffic control and safety regulations
as related to any City, State or County requirements while working in the public right-of-way
or an any City project. The design and operation of work zone traffic controls must comply
with US Department .of Transportation/Federal highway Administrative guidelines and any
City, County or State supplements guidelines and/or regulations and laws, All operations will
be conducted by the Contractor to provide maximum safety for the public according to the
most recent edition of the MIJTCD (Manual on Uniform Traffic Control Devices) and any
California supplements to the MUTCD and any local regulations,
Where work is in progress, each street shall be open to local traffic at all tines unless prior
arrangements have been made and approved by the City's designated representative.
The Contractor shall display standardized warning signage when controlling traffic around
any area used for staging or working In any area that is subject to pedestrian or vehicular
traffic, At no time shall traffic be permitted to enter, or operations allowed to continue, In
any work zone that presents a dangerous conditions to pedestrian andf or vehicular traffic,
The Contractor may be required to submit a traffic control plan to the Engineering
Department as directed by the City's designated representative.
16. Utility Coordination - The Contractor shall recognize the rights of utility companies within
the public right -of- way or on any City project and their need to maintain and repair their
facilities. The Contractor shall exercise due and proper care to prevent damage to utility
facilities and to adjust schedules when utility operations prevent the Contractor from
maintenance during a specified time frame. No additional compensation will be allowed for
complying with these requirements. Contractor shall notify the City's designated
representative of any utility that is disturbed or damaged and shall contact the appropriate
utility to arrange for repair.
1.7. Authority and Inspections
a, The City's designated representatives shall, at all times, have access to the work and
shall be furnished with every reasonable facility for acquiring full knowledge with
respect to the progress, workmanship and characters of materials and equipment used
and employed in the work. Whenever the Contractor varies the period during which
work is carried out, they shall give due notice to the City's designated representative so
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that property access for inspection may be provided, Any inspection of work shall not
relive the Contractor of any obligations to fulfill the Contract as prescribed. Any and all
questions regarding the performance of the work shall be directed to the City's
designated representative,
b. If it appears that the work to be done or any matter relative thereto is not sufficiently
detailed or explained by the specifications, the Contractor shall apply to the City's
designated representative for such further explanation as may be necessary and shall
conform to such explanation or Interpretation as part of the Contract so far as may be
consistent with the Intent of the original requirements.
c. All work shall be completed to the satisfaction of and under the aupervislon of the City's
designated representative. Failure to comply with any requirement contained herein
may result in suspension of work without time extension or termination of Contract.
Inspection of work will be done by the City's designated representative, during the
performance of work or when deemed necessary.
d. If any portion of the work done under the Contract proves defective or not in
accordance with the requirements, and if the imperfection in the same is not of
sufficient magnitude or importance to make the work dangerous or undesirable, the
City's designated representative shall have the right and authority to retain the work,
but he/she may make such deductions in the payment due the Contractor as May be
just and reasonable.
e. Any work which is defective or deficient in any of the requirements or specifications
shall be remedied Or removed and replaced by the Contractor in an acceptable manner
and within a reasonable amount of time as determined by the City, at the Contractor's
own expense.
f. In any other case, a letter will be sent to Contractor noting deficiencies, and the
Contractor shall make a reasonable and good faith effort to correct the deficiencies
within a reasonable period of time not to exceed three (3) days from notification. After
this time period, if unacceptable conditions still exist, the City has the right to terminate
the Contract or deduct payment as is proportionately appropriate for non-compliance
with the requirements and specifications of the Contract.
13, Quantities/ Minor Modifications and/or Additional Work - The City reserves the right to
increase or decrease the quantity of any iteni(s) or portions) of the work described In the
requirements or specifications or the proposal form or to omit portions of the work so
described as may be deemed necessary or expedient by the City's designated representative
and the Contractor shall agree not to claim or bring suit for damages, whether for Toss of
profits or otherwise, on account of any decrease or omission of any kind of work to be done,
The City shall reduce the price accordingly. Alterations, modifications or deviations from the
work described in this document shall be subject to prior written approval of the City. Any
price, adjustments shall be made by mutual consent of the City and Contractor.
Should a change or extra work be found necessary by the City, all changes and extra work
shall be performed at the same unit price of any proposal item listed, If the work is not
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listed as a proposal item, the Contractor shall submit a fair cost for the work to be
performed. A change order authorization, in writing, will be issued by the City.
19. Invoicing - Contractor shall be required to submit invoices on a monthly basis. Invoice
format shall Include but not be limited to the date the work took place, a fist of each street
or location that work took place, the address of each individual work site and the activity,
the species and its current condition, height, trunk diameter and canopy spread of each
individual tree. Each invoice shall include an exact copy in electronic format that is
compatible with the City's Tree Inventory program. Failure to submit invoices in this format
may result in non-payment until these requirements are met,
20. Withholding Payment - The City may withhold payment to such extent as may be necessary
to protect the City from loss due to one or more of the following reasons:
• Defective, unsatisfactory or inadequate work nat corrected; If notified by the City
• Claims filed, or reasonable evidence indicating probable filing of claims;
• Failure of the Contractor to make proper payment to subcontractors or for materials or
labor;
• A reasonable doubt that the contract can be completed for the balance unpaid; and,
• Damage that resulted from an incident involving property damage.
21. Stop Work
a. If the Contractor, after having officially commenced work on said Contract, should
discontinue work for any cause, he/she shall notify the City's Designated representative
of the intent to do so, and shall further notify of the date for restarting operations,
b. The City, at the discretion of the City's Designated Representative, may require the
Contractor to Stop Work if any condition presents an unreasonable liability to the City,
until such time as the condition is corrected to the satisfaction of the City.
22. Risk Management - Tree work is a controlled task. At no time should work be performed so
as to result in a loss of control incident (e,g, free -failing large limbs or trunk sections, hinge
cutting to avoid use of ropes/hoiting equipment, lack of safety apparatus/equipment
guards, improper use/loading of equipment). Failure to maintain control at all times Is
dangerous and can result in serious Injury. A foss control incident will not be tolerated and
may result in termination of this Contract. The Contractor shall be responsible for mitigating
any damage related to a loss of control incident.
23. Investigation - Contractor shall cooperate fully with the City in the investigation of any
accident, injury or death occurring on City property or while in the performance of work
based on the contract, including a complete written report submitted to the City's
Designated Representative within twenty-four 24) hours following the occurrence.
Should any structure or property be damaged during permitted or contracted tree
operation, the persons conducting the work shall immediately notify the proper owners or
authorities. Repairs to property damaged by the responsible party shall be made within
forty-eight (48) hours, except utility lines, vdhich shalt be repaired the same working day.
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Repairs on private property shall be made in accordance with the appropriate building code
under permits issued by the City of Encinitas, Any damage caused by the permitted or
contracted persons shall be repaired or restored by them at their expense to a condition
similar or, equal to that existing before such damage or injury, or they shall repair such
damage in a manner acceptable to the City.
Special attention is drawn to existing irrigation systems, plant material, Iandscape features,
lights and utility boxes in City parkways, parks and public landscape areas and the need to
avoid damage and to repair any damage that occurs within a reasonable amount of time as
determined by the City's Designated Representative,
The Contractor's responsibility shall be continuous and not be limited to working hours or
days.
Contractor's Initials;
Date:
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ATTACHMENT "B" PAYMENT OF SERVICES
Contractor; West Coast Arborists, Inc.
The undersigned proposes to furnish all materials, supplies, equipment and/or services set forth herein,
subject to all conditions outlined in the RFP, at prices indicated below, All applicable services include
cleanup and disposal. .
Tree Planting (per tree). Tree planting Includes tree, materials and planting costs Unit price in Figures
15 Gallon (double staked per specs) $145.00
24 inch Box (double staked per specs) ' $240.00
36 inch Box (double staked per specs) $825.00
48 inch Box T$1,450.00
60 inch Box $2,450.00
Tree Watering (per hour). Watering of young trees, water truck/operator-per
hour
$ 7p.iJ0
Tree Pruning (by Grid). Price per tree to Prune by Grid $62.00
Tree Pruning (per Service Requests). Full prune tree or by Species
0"-6" Diameter Standard Height $62.00
7"-12" Diameter Standard Height $.
13"-18" Diartieter Standard Height $102.00_5200 ..
1.9"-24" Diameter Standard Height $142.00
25"-30" DiarneterStandard Height $232.00
31"-36" diameter Standard Height $302.00
36"+ Diameter Standard Height T$402,00
Crown Raise/Clearance Prune Hardwood tree
0"-6" Diameter Standard Height $25.00
7"-12" Diameter Standard Height $25,00
13"-18" Diameter Standard Height $25,00
19"-24" Diameter Standard Height $25.00
25"-30" Diameter Standard Height $25.00
31"-36" Diameter Standard Height $25,0O
36"-i- Diameter Standard Height
Palm Tree Trimming
Prune Date Palm (Phoenix spp.)
Clean Trunk for Date Paim (Phoenix spp.)
Prune Fan Palm (Washingtonia spp.)
Clean Trunk for Fan Palm (Washingtonia spp.)
Prune all other Palm Species
$25,00
$150.00
$20,00
$62.00
$12.00
$62.00
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Tree Removal (per inch). Tree and Stump removal per Inch measured trunk
diameter at 4'6" (Diameter Standard Height)
0"-6" Diameter Standard Height $20.00
7"-12" Diameter Standard Height $30.00
13"-18" Diameter Standard Height $30,00
1S"-24" Diameter Standard Height $30,00
25"-30" Diameter Standard Height $30.00
31"-36" Diameter Standard Height . $40.00
36"+ Diameter Standard Height $40.00
Stump grinding per stump diameter inch at grade $15.00
Milling Cost (per board foot). Milling Lumber per Board Foot $8.00
Root Pruning (per linear foot). Per foot of roots pruned $15,00
Root Barrier installation (per linear foot). Per foot of root barrier installed $20.00
General Labor Rates (by hour)
Hourly rate for 1 Ground -person
Hourly rate for 1 Equipment Operator
Hourly rate for 1 Trimmer
Day Rate Service Crew (per day). Boom truck per eight (8) hour day to include a.
chip body, low decibel chipper,1 trimmer, 2 ground persons
$70.00
$70.00
$70.00
$•1,680.00
Specialty Equipment Day Rate (per day). Per eight (8) hour day .0,2op.pp
Emergency Services (per hour). Fully equipped 3 person crew called in for
emergency service
During normal business hours
After hours, weekends &/or holidays
General Arbor#st Services (per hour).
Arborist Reports
Resistograph Testing
Ground Penetrating Radar
Air Spade Services
Fumigation
Fertilization
Level 1,2,3 Risk Assessments
Soil Testing / Tree Well Enhancements
$210.00
$300.00
$140.00
$140.00
. $800.00
$140.00
$140.00
$140.00
$140.00
$140,00
GPS Tree inventory (per tree site). Cost per tree site $3.00
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Plant Health Care Services
Tree Spraying from Ground Level (per diameter inch) $2.00
Tree Spraying from Aerial Tower (per diameter Inch) $4,00
Insecticide Trunk Banding (per diameter inch) ^$5.00
Plant Growth Regulator (PGR) Trunk Banding (per diameter inch) $2.00
Plant Growth Regulator.(PGR) Soil Application (per diameter inch) $4.00
Insecticide or Fungicide Sail Application (per diameter inch) $2.00
Fertilizer Drenching (per diameter Inch) $2.p0
Trunk Injection - Insect!cideJMfticlde (per diameter inch) $4,50
Trunk Injections Fungicide (per diameter inch) $3,50
Trunk Injection — Insecticide and Fungicide (per diameter inch) $8.00
Contractor's Initials:
Date:
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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 REGARDING COOPERATIVE PURCHASING AND AUTHORIZING THE CITY
(BUYER) TO PIGGYBACK ONTO THE CITY OF ENCINITAS URBAN FORESTRY
MAINTENANCE SERVICES CONTRACT WITH WEST COAST ARBORIST, INC. (WCA) TO
AWARD A CONTRACT FOR GRANT COORDINATION SERVICES IN AN AMOUNT NOT TO
EXCEED $196,000, FUNDED BY A CAL FIRE URBAN AND
COMMUNITY FORESTRY GRANT
WHEREAS, in 2015, the City of National City was awarded an Urban & Community
Forestry Greenhouse Gas Reduction Fund grant in the amount of $276,685 through the California
Department of Forestry and Fire Protection (CAL FIRE) to develop an Urban Forest Management
Plan for National City which included conducting a Geographic Information System (GIS)-based
City tree inventory estimated at 10,000 trees, developing a long-range Urban Forestry
Management Plan, updating corresponding City Council policies and ordinances, creating a
National City Urban Forest webpage, and providing a web -based tree maintenance scheduling
interface for residents; and
WHEREAS, in 2015, the City contracted with West Coast Arborist, Inc. (WCA), a
highly qualified and reputable contractor in the field of urban forestry, to assist the City's park
maintenance staff with addressing the growing backlog of tree trimming requests for service and
through implementation of a grid -based tree trimming program, WCA proved to be effective in
assisting City crews with clearing the backlog, which allowed City crews to focus on maintaining
their tree trimming schedule; and
WHEREAS, on May 22, 2017, the City of National City was awarded an Urban and
Community Forestry Grant in the amount of $650,800 through CAL FIRE to fund the purchase,
planting and initial maintenance of 1,700 trees, to be performed by a contractor and competed by
March 2020; and
WHEREAS, an additional requirement of the Urban and Community Forestry Grant
is to involve the community in tree planting, care, and foster stewardship while educating residents
about the importance of an urban forest and greenhouse gas reduction, therefore, the City desired
to employ a contractor to provide grant coordination services which included providing volunteer
group workshop trainings, tree and site selection processing, and matched funds collections to
meet the requirements of the grant; and
WHEREAS, on May 15, 2018, per Resolution No. 2018-72, City Council awarded
a contract to West Coast Arborist, Inc. (WCA) for the planting of 1,700 trees citywide to be
completed by March 30, 2020; and
WHEREAS, there is an opportunity to piggyback onto the City of Encinitas' Urban
Forestry Maintenance Services contract with West Coast Arborist, Inc. (WCA) to award a contract
for grant coordination services in an amount not to exceed $196,000, funded by a CAL FIRE
Urban and Community Forestry Grant; and
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Resolution No. 2019 —
Page Two
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, National City's Purchasing staff reviewed the contract and has
confirmed that the contract was competitively bid through a standard RFP process, and that the
City of Encinitas' procurement procedures are in substantial compliance with those of National
City.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City waives the formal bid process pursuant to National City Municipal Code Section
2.60.260 regarding cooperative purchasing and authorize the City (Buyer) to piggyback onto the
City of Encinitas' Urban Forestry Maintenance Services contract with West Coast Arborist, Inc.
(WCA) to award a contract for grant coordination services in an amount not to exceed $196,000,
funded by a CAL FIRE Urban and Community Forestry Grant.
PASSED and ADOPTED this 16th day of April, 2019.
Alejandra Sotelo-Solis, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney
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CC/CDC-HA Agenda
4/16/2019 — Page 135
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City Granting a Utility Easement to San Diego Gas
& Electric Company (SDG&E) to underground, construct and/or maintain electrical and
communications facilities that service Las Palmas Municipal Pool and Camacho
Recreation Center; and authorizing the Mayor to sign the Utility Easement.
(Engineering/Public Works)
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CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: April 16, 2019
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City Granting an Easement to San Diego Gas &
Electric Company (SDG&E) to underground, construct and/or maintain electrical and communications
facilities that service Las Palmas Municipal Pool and Camacho Recreation Center; and authorizing the
Mayor to sign the Easement.
PREPARED BY: Charles Nissley
PHONE: 336-4396
EXPLANATION:
Staff is currently working on a project to upgrade electrical systems and provide new service
connections for Las Palmas Municipal Pool and Camacho Recreation Center. In order to facilitate this
work, SDG&E needs to install new conduits, electrical cabling and equipment upgrades through the
park, which will require an easement.
DEPARTMENT: E
APPROVED BY:
ring . nd Public Works
The new lines will come off of Newell Street, follow the northerly right of way line of E. 22nd
Street, and tie into an existing system that connects from a power pole inside the park. This pole will be
removed as part of the work.
FINANCIAL STATEMENT:
ACCOUNT NO.
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED: Finance
APPROVED: MIS
STAFF RECOMMENDATION:
Adopt Resolution Granting an Easement to SDG&E to underground, construct and/or maintain electrical and
communications facilities that service Las Palmas Municipal Pool and Camacho Recreation Center.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Easement Grant Deed
2. Resolution
136 of 3481
Recording Requested by
San Diego Gas & Electric Company
When recorded, mail to:
San Diego Gas & Electric Company
P O Box 129831
San Diego, CA 92112-9831
Attn: Real Estate Records — SD1170
SPACE ABOVE FOR RECORDER'S USE
Project No. 3-199246
Const. No. 3-199261
A.P.N. No. 561-360-35 Transfer Tax None
SR No. : 257439 SAN DIEGO GAS & ELECTRIC COMPANY
RW 369958
UTILITY EASEMENT
CITY OF NATIONAL CITY, a municipal corporation (Grantor), grants to SAN DIEGO
GAS & ELECTRIC COMPANY, a California corporation (Grantee), an easement and right of way in,
upon, over, under and across the lands hereinafter described, tb erect, construct, change the size of,
improve, reconstruct, relocate, repair, maintain and use facilities consisting of:
1. Underground facilities, together with aboveground structures consisting of, but not.
limited to, pad -mounted electrical equipment, and appurtenances for the transmission
and distribution of electricity.
2. Communication facilities, and appurtenances.
The above facilities will be installed at such locations and elevations upon, along, over and under
the hereinafter described easement as Grantee may now or hereafter deem convenient or necessary.
Grantee also has the right of ingress and egress, to, from and along this easement in, upon, over and
across the hereinafter described lands. Grantee further has the right, but not the duty to clear and keep
this easement clear from explosives, buildings, structures and materials.
The property in which this easement and right of way is hereby granted is situated in the County
of San Diego, State of California described as follows:
That portion of Quarter Sections 127, 128, and 134 of Rancho De La Nacion, according to Map
thereof No. 166, filed in the Office of the County recorder of said County of San Diego, said portion is
more particularly described in Resolution No. 6280, filed at the City of National City, City Clerk, passed
and adopted on November 3, 1954.
T: LandServices:Non-Records : NewBusin ess:
810236S
Rv1
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The easement in the aforesaid lands shall be more particularly described on Exhibit "A" and
shown and delineated on Exhibit "B", consisting of five (5) sheets, attached hereto and made a part
hereof.
In order to provide adequate working space for Grantee, Grantor shall not erect, place or
construct, nor permit to be erected, placed or constructed any building or other structure, park any
vehicle, deposit any materials, plant any trees and/or shrubs or change ground elevation within eight (8)
feet of the front of the door or hinged opening of any above ground facility installed within this
easement.
Grantor grants to Grantee the right to erect and maintain on Grantor's property immediately
adjacent to this easement retaining walls and/or protective barricades as may be necessary for Grantee's
purposes.
Grantor shall not erect, place or construct, nor permit to be erected, placed or constructed, any
building or other structure, plant any tree, drill or dig any well, within this easement.
Grantor shall not increase or decrease the ground surface elevations within this easement after
installation of Grantee's facilities, without prior written consent of Grantee, which consent shall not
unreasonably be withheld.
Grantee shall have the right but not the duty, to, after providing notice to Grantor, trim or remove
trees and brush along or adjacent to this easement and remove roots from within this easement whenever
Grantee deems it necessary. Said right shall not relieve Grantor of the duty as owner to trim or remove
trees and brush to prevent danger or hazard to property or persons.
Grantee agrees that if Grantee's facilities interfere with the use, repair, or improvement of
Grantor's property, Grantee shall relocate its facilities to another location(s) designated by Grantor in
Grantor's discretion, reasonably exercised, and at Grantor's expense. The relocation shall take place
within 90 days after (1) Grantee has received written notice from Grantor to relocate the facilities; (2)
after Grantor has fully reimbursed Grantee for the cost of the facilities relocation; and (3) after Grantor
has furnished Grantee with easement(s) acceptable to Grantee for the new location(s).
Grantee shall indemnify and hold Grantor harmless from and against any claim or liability for injury
to any person or damage to Grantor's property caused by the installation or maintenance of Grantee's
facilities in this easement, except when that injury or damage is caused by the negligence or willful
misconduct of Grantor, his agents, employees, or volunteers.
CONDUITS CARRY HIGH VOLTAGE ELECTRICAL CONDUCTORS, therefore Grantor
shall not make or allow any excavation or fill to be made within this easement WITHOUT FIRST
NOTIFYING SAN DiFGO GAS & ELECTRIC COMPANY BY CALLING (619)- 696-2000, and
OBTAINING PERMISSION.
The legal description for this easement was prepared by San Diego Gas & Electric Company
pursuant to Section 8730 of the Business and Professions Code, State of California.
This easement shall be binding upon and inure to the benefit of successors, heirs, executors,
administrators, permittees, licensees, agents or assigns of Grantor and Grantee.
T:LandServices:Non-Records: NewBusiness:
-2- 810236S
Rev. 1
138 of 348
Drawn: SLS/BT
Checked:
Date: 09/18/2018 (rev. 2/4/2019)
T:LandServices:Non-Records:NewBusiness: -3-
810236S
Rv.1
139 of 348
IN WITNESS WHEREOF, Grantor executed this instrument this day of
20
GRANTOR
CITY OF NATIONAL CITY
Signature
Print Name
Title
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
STATE OF CALIFORNIA
COUNTY OF
On , before me
(name, title of officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
(Notary Seal)
(Signature of Notary Public)
T•LandServices:Non Records: NewBusiness; -4- 8102368
Rev. 1
140 of 348
OWNER:
DATE:
RESOLUTION
APN:
EXHIBIT "A"
RANCHO DE LA NACION °
MAP NO. 166
CITY OF NATIONAL CITY T.P,O,B
NOVEMBER 3. 1954 •
.r-.-'"�.
NO. 6280 " ,, ,..
561-360--35 S89'03 4$ W '""�" "�� -
180.33 �-
q. PROPOSED 10' ESMT , '"-.--' i.
,-, ,/ 0
,�.'�' POR.80 ACRES LOT 2
,/ , S1W1/4, SW 1/4
/ ,/ d=47'25'30" 1/4 SEC, 128
/ R-100,00'
/� (=82.77' 561
\ OA
i°� ' +-
N/ I 11 a
\; `
N
I
/
LEGEND 36
,.
\,;x
Ltli
)/ 1 0
A FOUND LEAD & DISC STAMPED "LS 5335" PER
PARCEL MAP 16381. �.
!
LAN THIS PLAT WAS PREPARED BY ME 0R UNDER tit
oo'' MY DIRECTION IN CONFORMANCE WITH THE 1
�cwcoego J . 0 Gt
O. C4 7
LAND SURVEYORS ACT ON 10-25-2018. P.O.C. i t
/ / 1
• r . ter;; i0/0t eo �-� 1 • 1
PLS NO.9312 3
N� EXP. 9/30/2020 `
9rF
R RD J COFFMAN LS 9312 .—
/V PAR 1 1
ofi A� ,��� ''-' , PM 18381 1'.
1
�-� ,1p l APN:561-360-51 i \ .
•
���-- 1 �ss�� 6a, \ �—" WESTERLY
r-- \ APN: 561-360-25 \ ?9 . RIGHT--OF--WAY . i
�-'' APN: 561-360-29 \ \ 1 A
REF. PM. 16381
RW 40628
SHEET 1 OF 3 UG ELEC
SAN DIEGO GAS & ELECTRIC
ORIGINATOR:
V. WALTERS
0K-TO INSTALL:
PROJECT. NO,
300000199246
SAN DIEGO, CAUFORNIA
SURVEYED BY:
R/W OK:
CONST.NO.
4-127838
Milk
•
WHP/RJC
LAS PALMAS POOL & REC. CENTER
DRAWN BY:WHP/JLB
DATE:
E. 22ND STREET
DATE:10-25-2018
THOS. BR'130-A2
DRAWING NO.
L-16633
NATIONAL CITY, CA .
SCALE: 1„ 50,
NO.
SUPPLEMENTS
DATE:
' BY
APP'D
4,,-
cn
NI
N
RANCHO
-
SHEET 2
EXHIBIT "A"
�����g,
5�
c. PROPOSED
\ --,-
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11E LINE
�.1,;!
1 -,
-,s' I��
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< �` -,-'-'y r
/
PARCEL A S21'38118"W r r
DETAIL "A" r
39,18'
N.T.S.
; '" ;h ,'
r '
.' .r'id
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--- y-- ``,_!�
-�-�.' SEE DETAIL "A" o
-,- p
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MAP NO. 9128 1
LOT-3 \
APN: 563-460-03 1
ELEC
�
V7
LINE DATA TABLE
LINE
BEARING
DISTANCE
Li
S15°11'05"E
5.10'
L2
S26°37'S3"E
4.17'
L3
S63°22'07"W
12.00'
L4
N26°37153"W
4.17'
DE LA NACION
MAP NO. 166
S6322'07"W
143.00' tom.
`-,-/--/-`--�
__ 1✓ --
L
/
/ A
/ R=25X0'
lIit,=
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? / �.�',
/ ''
---
REF' PM
RW 4062E
OF 3
211.931
-'-
=43'41'14"
�s�
I
36
16381
UG
SAN DIEGO GAS & ELECTRIC
SAN DIEGO, CALIFORNIA
ORIGINATOR:
V. WALTERS
OK TO INSTALL:
PROJECT NO.
300000199246
SURVEYED BY:
R/N OK:
LAS PALMAS POOL& REC CENTER
• E. 22ND CTREET
NATIONAL CITY, CA
SAN DIEGO COUNTY
CONST. NO,
4-127838
DRAWN BYwHP/Rc
WHP/JLB
DATE:
QATE;10-25-2018
ToS, BROS.
0-A2
DRAWING NO.
L-16633
SCALE; 1„=s0'
NO,
SUPPLEMENTS
DATE:
BY
APP'D
EXHIBIT "A" �� - ----..
LINE DATA TABLE
7 :4c:35.6483
LINEBEARING
DISTANCE
''.
N
L5
522°05`23"W
10,54'
L6
N67°54137"W
12.50'
```�,
L7
N22°0523"E
16.00'
i`I r,� POINT "B"
L8
S67°54'37"E
12.50'
�•
j�
L9
S22°05'23"W
5,46'
•."S
\
RANCHO DE LA NACION
MAP NO. 166
d=49'42'54"
R=143.00'
L=124.08'
q. PROPOSED 10' ESMT s
N67'54'37°W �`'�+
lilt,
f ` \k �,r
-I,... �� ~�. _ -'
POINT "B"
AREA 2
SEE DETAIL "B"
A=54'44'56"
R=25.00'
L=23.89'
561
PARCEL B
DETAIL "6"
N.T.S.
CNi
. 36
REF. PM 16.381
RW 40628
SHEET 3 OF 3 UG ETIEC
SAN DIEGO GAS & ELF,CTRIC
SAN DIEGO, CALIFORNIA
ORIGINATOR:
V. WALTERS
OK TO INSTALL:
PROJECT NO.
300000199246
SURVEYED BY:
WHP/RC
R/W OK:
LAS PALMAS POOL & REC CENTER
E. 22ND CTREET
NATIONAL CITY; CA
SAN DIEGO COUNTY
caNs7. Na,
4127838
DRAWN BY;
DATE: -
DATE:
10-25-2018
THOS. BROS.
1310—A2
DRAWING NO.
L-16633
SCALE: 1„= 0.
NO.
SUPPLEMENTS
DATE:
BY
APP'D
EXHIBIT "B"
APN: 561-360-35
THAT CERTAIN 10.00 FOOT WIDE STRIP OF LAND LYING WITHIN THAT PORTION OF
THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF QUARTER SECTION
128 OF RANCHO DE LA NACION ACCORDING TO THE MAP THEREOF N0. 166, FILED
IN THE OFFICE OF THE COUNTY OF SAN DIEGO RECORDER ON OCTOBER 15, 1916,
IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SAID 10.00 FOOT WIDE
STRIP OF LAND BEING 5.00 FEET, MEASURED AT RIGHT ANGLES, ON EACH SIDE OF
THE FOLLOWING DESCRIBED CENTERLINE;
COMMENCING AT A LEAD AND DISC STAMPED L.S. 5335 ON A 7.00 FOOT OFFSET
MEASURED AT RIGHT ANGLES FROM THE WESTERLY RIGHT OF WAY LINE OF
NEWELL STREET AS SHOWN ON PARCEL MAP 16381 FILED IN OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY ON FEBRUARY 15, 1991, SAID POINT BEING
7.04 FOOT MEASURED ALONG THE EASTERLY PROLONGATION OF THE
NORTHERLY LINE OF SAID PARCEL MAP, A LEAD AND DISC STAMPED L.S. 5335 ON
A 7.00 FOOT OFFSET FROM THE WESTERLY RIGHT OF WAY LINE AS SHOWN ON
SAID PARCEL MAP BEARS SOUTH 17°35'42" EAST, 190.76 FEET; THENCE NORTH
19°19'54" WEST 231.14 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF
NEWELL STREET, SAID POINT BEING TIIE TRUE POINT OF BEGINNING.
THENCE LEAVING SAID WESTERLY RIGHT OF WAY LINE SOUTH 69°03'48" WEST,
180.33 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE
CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 47°25'30" A DISTANCE OF 82,77 FEET;
THENCE TANGENT TO SAID CURVE SOUTH 21°38'18" WEST, 39.18 FEET TO THE
ANGLE POINT DESIGNATED HEREIN AS POINT `A'; THENCE SOUTH 63°22'07" WEST,
211.93 FEET TO THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE
CONCAVE NORTHERLY; THENCE CONTINUING WESTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 43°41' 14" A DISTANCE OF 19.06 FEET
TO A POINT OF REVERSE CURVE WITH A 143.00 FOOT RADIUS CURVE CONCAVE
SOUTHERLY, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 17° 03'21"EAST;
THENCE CONTINUING WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 49°42'54" A DISTANCE OF 124.0.8
FEET TO A POINT OF REVERSE CURVE WITH A 25.00 FOOT RADIUS CURVE
CONCAVE NORTHERLY, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH
32°39'33" EAST; THENCE CONTINUING WESTERLY AND NORTHWESTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 54°44'56" A DISTANCE
OF 23.89 FEET; THENCE TANGENT TO SAID CURVE NORTH 67°54'37" WEST, 25.61
FEET TO THE POINT OF TERMINUS DESIGNATED I-IEREIN AS POINT `B';
TOGETHER WITII THE FOLLOWING DESCRIBED PARCELS OF LAND:
Page 1 of 2
EXHIBIT `B"
APN: 561 -3 60-3 5
PARCEL A:
BEGINNING AT HEREINABOVE DESCRIBED POINT `A'; THENCE SOUTH 15°11'05"
EAST, 5.10 FEET TO THE SOUTHERLY SIDELINE OF THE ABOVE DESCRIBED 10.00
FOOT EASEMENT; THENCE SOUTH 26°37'53" EAST, 4.17 FEET; THENCE SOUTH
63°22'07" WEST, 12.00 FEET; THENCE NORTH 26°37'53" WEST, 4.17 FEET TO THE
SOUTHERLY SIDE LINE OF SAID 10.00 FOOT EASEMENT.
PARCEL B:
BEGINNING AT HEREINABOVE DESCRIBED POINT `B'; THENCE SOUTH 22°05'23"
WEST, 10,54 FEET; THENCE NORTH. 67°54'37" WEST, 12.50 FEET; THENCE NORTH
22°05'23" EAST, 16.00 FEET; THENCE SOUTH 67°54'37" EAST, 12,50 FEET; THENCE
SOUTH 22'05'23" WEST, 5.46 FEET TO THE POINT OF BEGINNING.
THE SIDELINES OF SAID 10.00 FOOT WIDE STRIP OF LAND TO BE LENGTHENED OR
SHORTENED TO BEGIN IN THE WESTERLY RIGHT OF WAY LINE OF NEWELL
STREET.
CONTAINING 7,319 SQ FT MORE OR LESS.
THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION.
RIC OFFMAN PLS NO. 9312
LICE. IRES 9/30/2020
Page 2 of 2
RESOLUTION NO. 2019 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
GRANTING A UTILITY EASEMENT TO SAN DIEGO GAS & ELECTRIC COMPANY
(SDG&E) TO UNDERGROUND, CONSTRUCT AND/OR MAINTAIN ELECTRICAL
AND COMMUNICATIONS FACILITIES THAT SERVICE LAS PALMAS MUNICIPAL
POOL AND CAMACHO RECREATION CENTER, AND AUTHORIZING THE MAYOR
TO SIGN THE UTILITY EASEMENT
WHEREAS, City staff is currently working on a project to upgrade electrical
systems and provide new service connections for Las Palmas Municipal Pool and Camacho
Recreation Center; and
WHEREAS, in order to facilitate said work, San Diego Gas & Electric Company
(SDG&E) needs to install new conduits, electrical cabling and equipment upgrades through the
park, which will require a utility easement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby grants a Utility Easement to SDG&E to underground, construct and/or
maintain electrical and communications facilities that service Las Palmas Municipal Pool and
Camacho Recreation Center and authorizes the Mayor to execute said Utility Easement.
PASSED and ADOPTED this 16th day of April, 2019.
Alejandra Sotelo-Solis, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney
146 of 348
CC/CDC-HA Agenda
4/16/2019 — Page 147
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City authorizing the installation of "No Truck
Parking" signage on the east side of Cleveland Avenue, between W. 22nd Street and the
driveway in front of 2143 Cleveland Avenue (TSC No. 2019-01). (Engineering/Public
Works)
Please scroll down to view the backup material.
147 of 348
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: April 16, 2019
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City authorizing the installation of "No Truck
Parking" signage on the east side of Cleveland Avenue, between W. 22nd Street and the driveway in
front of 2143 Cleveland Avenue (TSC No. 2019-01).
PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil
PHONE: 619-336-4388
EXPLANATION:
See attached.
DEPARTMENT: En
APPROVED BY:
Public Works
FINANCIAL STATEMENT:
ACCOUNT NO.
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adopt Resolution authorizing the installation of "No Truck Parking" signage on the east side of Cleveland Avenue,
between W. 22nd Street and the driveway in front of 2143 Cleveland Avenue.
BOARD / COMMISSION RECOMMENDATION:
At their meeting on March 13, 2019, the Traffic Safety Committee approved staffs recommendation to install "No
Truck Parking" signage on the east side of Cleveland Avenue, between W. 22nd Street and the driveway in front
of 2143 Cleveland Avenue.
ATTACHMENTS:
1. Explanation w/Exhibit
2. Staff Report to the Traffic Safety Committee on March 13, 2019 (TSC No. 2019-01)
3. Resolution
148 of 34
e�
EXPLANATION
Mr. Ted Godshalk, resident of 2143 Cleveland Avenue, has requested the installation of
"No Truck Parking" signage on the east side of Cleveland Avenue, between W. 22nd Street
and the driveway in front of his property. Mr. Godshalk stated that semi -trucks park very
often and use up the available on -street parking in front of his residence.
Staff visited the site and verified that Mr. Godshalk's property is located in an industrial
area in which there is a handful of residential properties. The on -street parking spaces
available are mostly occupied by employees or customers of the adjacent businesses. In
addition, it should be noted that his residence is located near the National City Marine
Terminal where a large number of trucks operate for picking up or delivering containers
at the terminal. Staff also confirmed that there is approximately 124 feet of on -street
parallel parking spaces available for six vehicles on the east side of Cleveland Avenue,
between W. 22nd Street and Mr. Godshalk's driveway.
City Public Works staff previously installed marked parking spaces in order to discourage
trucks from parking in this area; however, trucks continue to park across the marked
spaces. Staff is now requesting authorization to install "No Truck Parking" signs to allow
for more efficient enforcement and to serve as a stronger warning to drivers that truck
parking is prohibited.
The Traffic Safety Committee voted unanimously to approve the installation of 124 feet
of "No Parking Vehicles Over 6' High" signs (R28D) on the east side of Cleveland Avenue,
between W. 22nd Street and the driveway in front of 2143 Cleveland Avenue in order to
provide on -street parking for the residential properties and to discourage semi -trucks from
parking on this side of the street.
This item was presented to the Traffic Safety Committee (TSC) on March 13, 2019. Mrs.
Godshalk was in attendance to speak in support of the item.
If approved by City Council, all work will be performed by City Public Works.
149 of 348
Location Map with Proposed Enhancements (TSC Item: 2019-01)
10 PARKING
VEHICLES
OVER 6' HIGH
124' of proposed "No Parking
Vehicles Over 6' High" signs
741 W. 22"d
Street
I PARKING
VEHICLES
OVER 6' HIGH
R28D (CA)
Cn
0
O_
W
A
CO
ITEM TITLE:
1
NATIONAL CITY TRAFFIC SAFETY COMMITTEE
AGENDA REPORT FOR MARCH 13, 2019
REQUEST TO INSTALL "NO TRUCK PARKING" SIGNAGE ON
THE EAST SIDE OF CLEVELAND AVENUE, BETWEEN W. 22ND
STREET AND THE DRIVEWAY OF THE PROPERTY LOCATED AT
2143 CLEVELAND AVENUE
PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil
Engineering & Public Works Department
DISCUSSION:
Mr. Ted Godshalk, resident of 2143 Cleveland Avenue, has requested the installation of "No
Truck Parking" signage on the east side of Cleveland Avenue, between W. 22nd Street and
the driveway in front of his property. Mr. Godshalk stated that semi -trucks park very often
and use up the available on -street parking in front of his residence.
Staff visited the site and verified that Mr. Godshalk's property is located in an industrial area
in which there is a handful amount of residential properties. The on -street parking spaces
available are mostly occupied by employees or customers of the adjacent businesses. In
addition, it should be noted that this is located near the National City Marine Terminal where
a large number of trucks operate for picking up or delivering containers at the terminal. Staff
also confirmed that there is approximately 124 feet of on -street parallel parking spaces
available for six (6 vehicles) on the east side of Cleveland Avenue, between W. 22nd Street
and Mr. Godshalk's driveway.
STAFF RECOMMENDATION:
Staff recommends the installation of 124 feet of "No Parking Vehicles Over 6' High" signs
(R28D) on the east side of Cleveland Avenue, between W. 22nd Street and the driveway in
front of 2143 Cleveland Avenue in order to provide on -street parking for the residential
properties and to discourage semi -trucks from parking in this area.
EXHIBITS:
1. Public Request;
2. Public Notice;
3. Location Map;
4. Photos;
2019-01
151 of 348
March 6, 2019
Resident/Property Owner
,GALf.F6R ijq. n
to
- .AL CITY
as av;
x�ic.�,kronnx�v
Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2019-01
REQUEST TO INSTALL "NO TRUCK PARKING" SIGNAGE ON THE EAST SIDE
OF CLEVELAND AVENUE, BETWEEN W. 22ND STREET AND THE DRIVEWAY
OF THE PROPERTY LOCATED AT 2143 CLEVELAND AVENUE.
Dear Sir/Madame:
The City of National City would like to invite you to our next public Traffic Safety
Committee Meeting scheduled for Wednesday, March 13, 2019, at 1:00 P.M. in the 2nd
Floor Large Conference Room of the Civic Center Building, 1243 National City
Boulevard, to discuss the above -referenced item.
The City Hall is ADA compliant. Please note that there are two disabled persons parking
spaces in front of City Hall on the east side of National City that provide direct access
on the 2nd Floor of City Hall via a pedestrian bridge.
If you have any questions, comments, and/or concerns, please contact the Engineering
Department at 619-336-4380 and reference Traffic Safety Committee Item Number
2019-01.
Sincerely,
7z.re_v,.4.4X
Stephen Manganiello
City Engineer
SM:ch
Enclosure: Location Map
2019-01
1234 National City Boulevard, National City, CA 91950-6530
(619) 336-4380 Fax (619) 336-4397 engineering@nationalcityca.gov
152 of 348
Location Map with Proposed Enhancements (TSC Item: 2019-01)
2143 Cleveland
Avenue
10 PARKING
VEHICLES
OVER 6' IIIGH
4—p
R260 (CA)
124' of proposed "No Parking
Vehicles Over 6' High" signs
741 W. 22nd
Street
rr
'CALIFORNIA
AVIONAkCIFTV
coc� l pvgoRPOIiA.xsD
r 'r
PUBLIC REQUEST FORM
Contact Information
Name:
Address:
Phone:
6o a5Zkc;11'
Email:
Request Information
Location:
Request:
C v (,7 i cl e 21L•R C v c bk,--, ,A r7'-I , .7 1 "6
r
\l' 2- 1 OCA't E., ck c � La v1 S o, k va(i., l W. iv%z,.-. s
( 'A[ I ve.wcAv 0471 tA/ i't . ♦ if4I.
No (af Cci.;.b. fv1:1
GVii (.0
Attachments: Yes No Description: "�= 13
CofL1 e
t%
Internal Use Only:
Request Received By: Date:
Received via:
Assigned To:
Notes:
Counter/In-Person
Telephone
Email
Fax
Referral:
154 of 348
Location of proposed "No Parking vehicles over 6' High" signs on the east side of Cleveland Avenue (looking south)
Location of proposed "No Parking vehicles over 6' High" signs on the east side of Cleveland Avenue (looking north)
155 of 348
Photograph of semi -truck parked on the east side of Cleveland Avenue (looking south)
156 of 348
RESOLUTION NO. 2019 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE INSTALLATION OF "NO TRUCK PARKING" SIGNAGE ON THE
EAST SIDE OF CLEVELAND AVENUE, BETWEEN W. 22ND STREET AND THE
DRIVEWAY IN FRONT OF 2143 CLEVELAND AVENUE
WHEREAS, Mr. Ted Godshalk, resident on Cleveland Avenue, has requested
the installation of "No Truck Parking" signage on the east side of Cleveland Avenue, between
W. 22nd Street and the driveway in front of his property to provide on -street parking for the
residential properties and to discourage semi -trucks from parking on this side of the street; and
WHEREAS, City staff visited the site and verified that Mr. Godshalk's property is
located in an industrial area in which there is a handful of residential properties and the on -
street parking spaces available are mostly occupied by employees or customers of the adjacent
businesses; and
WHEREAS, Mr. Godshalk's property is also located near the National City
Marine Terminal where a large number of trucks operate for picking up or delivering containers
at the terminal; and
WHEREAS, at the Traffic Safety Meeting on March 13, 2019, the Traffic Safety
Committee approved staff's recommendation to install 124 feet of "No Truck Parking" signage
on the east side of Cleveland Avenue, between W. 22nd Street and the driveway in front of 2143
Cleveland Avenue.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the installation of "No Truck Parking" signage on the east side
of Cleveland Avenue, between W. 22nd Street and the driveway in front of 2143 Cleveland
Avenue in order to provide on -street parking for the residential properties.
PASSED and ADOPTED this 16th day of April, 2019.
Alejandra Sotelo-Solis, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney
157 of 348
CC/CDC-HA Agenda
4/16/2019 — Page 158
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City authorizing the installation of signage and
striping improvements on "F" Avenue to provide access to the new parking lot proposed
for student drop-off/pick-up at Olivewood Elementary School (TSC No. 2019-02).
(Engineering/Public Works)
Please scroll down to view the backup material.
158 of 348
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: April 16, 2019
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City authorizing the installation of signage and
striping improvements on "F" Avenue to provide access to the new parking lot proposed for student
drop-off/pick-up at Olivewood Elementary School (TSC No. 2019-02).
PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil
PHONE: 619-336-4388
EXPLANATION:
See attached.
DEPARTMENT: E
APPROVED BY:
ublic Works
FINANCIAL STATEMENT:
ACCOUNT NO.
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adopt Resolution authorizing the installation of signage and striping improvements on "F" Avenue in order to provide
access for the proposed driveway for Olivewood Elementary School.
BOARD / COMMISSION RECOMMENDATION:
At their meeting on March 13, 2019, the Traffic Safety Committee approved staff's recommendation to install
signage and striping improvements on "F" Avenue to provide access to the new parking lot proposed for student
drop-off/pick-up at Olivewood Elementary School.
ATTACHMENTS:
1. Explanation w/Exhibit
2. Staff Report to the Traffic Safety Committee on March 13, 2019 (TSC No. 2019-02)
3. Resolution
159 of 3481
EXPLANATION
The National School District is requesting to install signage and striping improvements on
"F" Avenue to provide access to the new parking lot proposed for student drop-off/pick-
up at Olivewood Elementary School.
The proposed scope of work in the right of way includes the following:
• Reconstruct school driveway and install new pedestrian curb ramps for Americans
with Disabilities Act (ADA) compliance on the east side of "F" Avenue, south of E.
26th Street.
• Remove six angle parking spaces and install red curb "No Parking" on the east
side of "F" Avenue, between E. 26th Street and the school driveway.
• Convert ""F" Avenue from a one-way street to a two-way street, between E. 26th
Street and the school driveway.
Staff visited the site and confirmed that "F" Avenue, south of E. 26th Street, is currently a
one-way street with angle parking on both sides of the street. The angle parking on the
east side of the street is 30-minute, time restricted. Photographs of existing conditions in
this area are attached to this report.
This item was presented to the Traffic Safety Committee (TSC) on March 13, 2019, Mr.
Chris Carson, Assistant Superintendent for the National School District, and project
engineers from StudioWC were in attendance to speak in support of this item.
The Traffic Safety Committee voted unanimously to approve the signage and striping
improvements on "F" Avenue, between E. 26th Street and the proposed driveway, to
provide access to the new parking lot proposed for student drop-off/pick-up at Olivewood
Elementary School.
If approved by City Council, all work will be performed by the National School District,
pending issuance of all necessary permits for construction.
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OF STREET PARKING ALONG EAST SIDE OF F AVENUE. NEW DRIVEWAY
AND ADA RAMPS AT SCHOOL.
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PARKING AT OLNEWOOD ELEMENTARY
DRIVEWAY AND ROADWAY EXHIBIT
02/18/2019
515 Encinitas Blvd. Ste. 201, Encinitas, California 92024
Telephone: 1760)753-6000 Fax: (760)452-7541
= Cols LIfORNIM
NATIONAL CITv
CITY OF NATIONAL CITY
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ITEM TITLE:
2
NATIONAL CITY TRAFFIC SAFETY COMMITTEE
AGENDA REPORT FOR MARCH 13, 2019
REQUEST TO SIGNAGE AND STRIPING IMPROVEMENTS ON
THE EAST SIDE OF "F" AVENUE, SOUTH OF E. 26' STREET, TO
ACCOMMODATE ACCESS TO NEW DRIVEWAY FOR
OLIVEWOOD ELEMENTARY SCHOOL
PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil
Engineering & Public Works Department
DISCUSSION:
The National School District is requesting to install signage and striping improvements on "F"
Avenue in order to provide access for the proposed driveway for Olivewood Elementary
School.
The proposed scope of work in the right of way includes the following:
® Install new driveway and ADA ramps on "F" Avenue, south of E. 26th Street.
• Eliminate on -street angled parking on the east side of "F" Avenue, between E. 26th
Street and the proposed driveway.
• Install Red Curb "No Parking" on the east side of "F" Avenue, between E. 26th Street
and the proposed driveway.
• Convert ""F" Avenue from a one-way street into a two-way street, between E. 26th
Street and the proposed driveway.
Staff visited the site and confirmed that "F" Avenue, south of E. 26th Street, is currently a one-
way street. Staff also observed that there is existing angled and time -limited on -street parking
on "F" Avenue. Photographs of existing conditions in this area are attached to this report.
STAFF RECOMMENDATION:
Staff recommends the approval of the signage and striping improvements on the east side
of "F" Avenue, between E. 26th Street and the proposed driveway, in order to provide access
to the new driveway for Olivewood Elementary School.
ATTACHMENTS:
9. Public Request
2. Public Notice
3. Exhibit with Proposed Improvements
4. Photos
2019-02
162 of 348
F. \Is[udiowc
A :. (. l i l t f ! .. N t I t/,., t l t t l> 1 11 1,
February 11, 2019
Mr. Charles Nissley, P.E.
City of National City
Engineering and Public Works Department
1243 National City Boulevard
National City, CA 91950
RE: "F" Avenue Improvements at Olivewood Elementary
Dear Mr. Nissley,
Per your request, attached is an exhibit showing proposed improvements associated with the new
parking lot at Olivewood Elementary School. We are submitting this for forwarding to the National City
Traffic Committee for review and approval.
The following improvements have been proposed:
• Converting "F" Avenue from a one-way street into a two-way street between E. 26t" Street and
the new driveway entrance. To accomplish this, existing angled parking would be removed on
the East side of F Avenue double yellow striping would be installed to separate the Northbound
and Southbound lanes.
• Installation of a new 30' wide driveway at the parking lot to meet local Fire Authority
requirements. The driveway will have curb returns with radii shown on the attached exhibit and
curb ramps to maintain ADA access on F Avenue.
• Removal of existing angled parking on F Avenue and installation of red curb indicating no
parking between E. 26th Street and the new driveway entrance.
Please let us know if the conceptual layout is acceptable or if you have any comments. I can be reached
at 619.347.9616 if you would like to discuss. Thank you.
Sincerely,
yGi
Christie A. Radder, P.E.
Civil Engineer
Studio WC Architecture + Engineering
StudioWC ARCHITECTURE + ENGINEERING
515 Encinitas Boulevard, Suite 201 I Encinitas, CA 92024 I 760.753.6800 I studiowc.net
163 of 348
March 6, 2019
National School District
-,- CALIFORNIA
NATIONAL CITY
! ° :3'1
XNCORPORA1�%O
Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2019-02
REQUEST FOR SIGNAGE AND STRIPING IMPROVEMENTS ON F AVENUE,
SOUTH OF E. 26TH STREET, TO ACCOMMODATE ACCESS TO NEW DRIVEWAY
FOR OLIVEWOOD ELEMENTARY SCHOOL
Dear Sir/Madame:
The City of National City would like to invite you to our next public Traffic Safety
Committee Meeting scheduled for Wednesday, March 13, 2019, at 1:00 P.M. in the 2nd
Floor Large Conference Room of the Civic Center Building, 1243 National City
Boulevard, to discuss the above -referenced item.
The City Hall is ADA compliant. Please note that there are two disabled persons parking
spaces in front of City Hall on the east side of National City that provide direct access
on the 2nd Floor of City Hall via a pedestrian bridge.
If you have any questions, comments, and/or concerns, please contact the Engineering
Department at 619-336-4380 and reference Traffic Safety Committee Item Number
2019-02.
Sincerely,
wi.74.0,..„:0X1
Stephen Manganiello
City Engineer
SM:ch
2019-02
1234 National City Boulevard, National City, CA 91950-6530
(619) 336-4380 Fax (619) 336-4397 engineering@nationalcityca.gov
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Existing One-way
Street (southbound)
Location of "F" Avenue proposed improvements at Olivewood Elementary School (looking east
Existing One-way
Street (southbound)
Location of "F" Avenue proposed improvements at Olivewood Elementary School (looking west
165 of 348
RESOLUTION NO. 2019 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING
THE INSTALLATION OF SIGNAGE AND STRIPING IMPROVEMENTS ON "F" AVENUE TO
PROVIDE ACCESS TO THE NEW PARKING LOT PROPOSED FOR STUDENT DROP-
OFF/PICK-UP AT OLIVEWOOD ELEMENTARY SCHOOL
WHEREAS, the National School District is requesting to install signage and
striping improvements on "F" Avenue to provide access to the new parking lot proposed for
student drop-off/pick-up at Olivewood Elementary School; and
WHEREAS, the proposed scope of work in the right of way will include,
reconstruction of school driveway by installing new pedestrian curb ramps for Americans with
Disabilities Act (ADA) compliance on the east side of "F" Avenue, south of E. 26th Street,
removal of six angle parking spaces and installation of red curb "No Parking" on the east side of
"F" Avenue between E. 26th Street and the school driveway, and lastly will convert ""F" Avenue
from a one-way street to a two-way street, between E. 26th Street and the school driveway; and
WHEREAS, City staff visited the site and confirmed that "F" Avenue, south of E.
26th Street is currently a one-way street with angle parking on both sides of the street; and
WHEREAS, at the Traffic Safety Meeting on March 13, 2019, the Traffic Safety
Committee approved staff's recommendation to install signage and striping improvements on
"F" Avenue to provide access to the new parking lot proposed for student drop-off/pick-up at
Olivewood Elementary School.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City
hereby authorizes the installation of signage and striping improvements on "F" Avenue as more
fully described herein above, in order to provide access for the proposed driveway for
Olivewood Elementary School.
PASSED and ADOPTED this 16th day of April, 2019.
Alejandra Sotelo-Solis, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney
166 of 348
CC/CDC-HA Agenda
4/16/2019 — Page 167
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City, 1) approving the following project proposed to
receive funding from the Road Maintenance and Rehabilitation Account (RMRA)
through the Local Streets and Roads Funding Program as required by Senate Bill 1, the
Road Repair and Accountability Act of 2017 - Citywide Radar Speed Feedback Sign
Installations; 2) reaffirming to the public and State the City's intent to fund previously
proposed and adopted projects with RMRA revenues; and 3) authorizing the
establishment of a Gas Tax Fund appropriation of $1,030,455 for Fiscal Year 2020 and
corresponding revenue budget for receipt of RMRA funds. (Engineering/Public Works)
Please scroll down to view the backup material.
167 of 348
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: April 16, 2019
AGENDA ITEM NO. 12
ITEM TITLE:
Resolution of the City Council of the City of National City, 1) approving the following project proposed to receive
funding from the Road Maintenance and Rehabilitation Account (RMRA) through the Local Streets and Roads
Funding Program as required by Senate Bill 1, the Road Repair and Accountability Act of 2017 — Citywide
Radar Speed Feedback Sign Installations; 2) reaffirming to the public and State the City's intent to fund
previously proposed and adopted projects with RMRA revenues; and 3) authorizing the establishment of a Gas
Tax Fund appropriation of $1,030,455 for Fiscal Year 2020 and corresponding revenue budget for receipt of
RMRA funds.
PREPARED BY: Roberto Yano, Acting City Engineer DEPARTMENT: E/Public Works
PHONE: 619-336-4383 APPROVED BY:
EXPLANATION:
See attached.
FINANCIAL STATEMENT: APPROVED: Finance
ACCOUNT NO. APPROVED:
Revenue Account: 109-00000-3416 (Gas Tax, SHC Sec 2030 RMRA) - $1,030,455
Expenditure Account: 109-409-500-498-6573 (Transportation Improvements) - $1,030,455
ENVIRONMENTAL REVIEW:
The projects comply with the California Environmental Quality Act (CEQA).
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
MIS
STAFF RECOMMENDATION:
Adopt Resolution approving a list of projects proposed to receive funding from the RMRA; and establishing
budget appropriations and corresponding revenue budget.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Explanation w/ attachments
2. Resolution
168 of 348
Explanation
On April 28, 2017, Governor Brown signed State Senate Bill (SB) 1 (Beall, Chapter 5, Statutes
of 2017), which is known as the Road Repair and Accountability Act of 2017. To address basic
road maintenance, rehabilitation and critical safety needs on both the state highway and local
streets and road system, SB 1: increases per gallon fuel excise taxes; increases diesel fuel
sales taxes and vehicle registration fees; and provides for inflationary adjustments to tax rates in
future years.
On November 1, 2017, the State Controller (Controller) began the process of depositing various
portions of this new funding into the newly created Road Maintenance and Rehabilitation
Account (RMRA). A percentage of this new RMRA funding is apportioned by formula to eligible
cities and counties pursuant to Streets and Highways Code (SHC) Section 2032(h) for basic
road maintenance, rehabilitation, and critical safety projects on the local streets and roads
system. The State Department of Finance has published revised revenue projections for cities
and counties. National City is eligible to receive up to $1,030,455 in RMRA funds for FY 2020
(see attached revenue projections).
SB 1 emphasizes the importance of accountability and transparency in the delivery of
California's transportation programs. Therefore, in order to be eligible for RMRA funding, statute
requires cities and counties to provide basic annual RMRA project reporting to the California
Transportation Commission (Commission).
SHC Section 2032.5(a) articulates the general intent of the legislation that recipients of RMRA
funding be held accountable for the efficient investment of public funds to maintain local streets
and roads and are accountable to the people through performance goals that are tracked and
reported.
Pursuant to SHC Section 2030(a), the objective of the Local Streets and Roads Program is to
address deferred maintenance on the local streets and roads system through the prioritization
and delivery of basic road maintenance and rehabilitation projects as well as critical safety
projects.
Cities and counties receiving RMRA funds must comply with all relevant federal and state laws,
regulations, policies, and procedures. The main requirements for the program are codified in
SHC Sections 2034, 2036, 2037, and 2038 and include the following:
• Prior to receiving an apportionment of RMRA funds from the Controller in a fiscal year,
a city or county must submit to the Commission a list of projects proposed to be
funded with these funds. All projects proposed to receive funding must be included in a
city or county budget that is adopted by the applicable city council or county board of
supervisors at a regular public meeting [SHC 2034(a)(1)].
• The list of projects must include a description and the location of each proposed
project, a proposed schedule for the project's completion, and the estimated useful life
of the improvement [SHC 2034(a)(1)].
• The project list does not limit the flexibility of an eligible city or county to fund projects
in accordance with local needs and priorities so long as the projects are consistent
with RMRA priorities as outlined in SHC 2030(b) [SHC 2034(a)(1)].
• The Commission will report to the Controller the cities and counties that have
submitted a list of projects as described in SHC 2034(a)(1) and that are therefore
-1-
169 of 348
eligible to receive an apportionment of RMRA funds for the applicable fiscal year [SHC
2034(a)(2)].
• The Controller, upon receipt of the report from the Commission, shall apportion RMRA
funds to eligible cities and counties pursuant to SHC 2032(h) [SHC 2034(a)(2)].
• For each fiscal year in which RMRA funds are received and expended, cities and
counties must submit documentation to the Commission that includes a description
and location of each completed project, the amount of funds expended on the project,
the completion date, and the estimated useful life of the improvement [SHC 2034(b)].
• A city or county receiving an apportionment of RMRA funds is required to sustain a
maintenance of effort (MOE) by spending at least the annual average of its general
fund expenditures during the 2009-10, 2010-11, and 2011-12 fiscal years for street,
road, and highway purposes from the city's or county's general fund [SHC 2036].
• A city or county may spend its apportionment of RMRA funds on transportation
priorities other than priorities outlined in SHC 2030(b) if the city or county's average
Pavement Condition Index (PCI) meets or exceeds 80 [SHC 2037].
• By July 1, 2023, cities and counties receiving RMRA funds must follow guidelines
developed by the California Workforce Development Board (Board) that address
participation and investment in, or partnership with, new or existing pre -apprenticeship
training programs [SHC 2038].
In order to comply with the requirements for receipt and use of RMRA funds, staff recommends
the following City Council actions:
1) Approve the following list of projects proposed to receive funding from the RMRA, as
required by SB 1:
i. Citywide Radar Speed Feedback Sign Installations — Install radar speed feedback
signs on D Avenue between 24th Street and 30th Street; Harbison Avenue between
Division Street and 4th Street; Plaza Bonita Center Way between Valley Road and
Sweetwater Road; Valley Road between Sweetwater Road and Calle Abajo; Valley
Road between Plaza Bonita Center Way to San Miguel Court; and Cleveland Avenue
between Bay Marina Drive to Civic Center Drive (Estimated construction completion
by June 2020 with useful life of 10 to 15 years).
2) Reaffirming to the public and State the City's intent to fund the following previously
proposed and adopted projects with RMRA Account revenues:
i. Euclid Avenue Street Resurfacing — provide pavement rehabilitation, grind and
overlay on Euclid Avenue between Cervantes Avenue and E. 24th Street (estimated
construction completion by June 2020 with useful life of 10 to 15 years);
ii. Palm Avenue Street Resurfacing — provide pavement rehabilitation, grind and
overlay on Palm Avenue between Division Street and E. 184h Street (estimated
construction completion by December 2020 with useful life of 10 to 15 years);
ili. Division Street — Euclid Avenue to Harbison Avenue Bicycle Improvements - provide
pavement rehabilitation, grind and overlay on Division Street between Euclid Avenue
-2-
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and Harbison Avenue (estimated construction completion by June 2020 with useful
life of 10 to 15 years);
iv. FY 2018 Safe Routes to School (SRTS) Pedestrian and Bicycle Enhancements —
Harbison Avenue and E. 2nd Street Traffic Calming - provide pavement rehabilitation,
grind and overlay, Class IIi bike sharrows, traffic calming chicanes on Harbison
Avenue between Division Street and E. 4th Street (estimated construction completion
by July 2019 with useful life of 10 to 15 years).
3) Authorize the establishment of a Gas Tax Fund appropriation of $1,030,455 for Fiscal
Year 2020 and corresponding revenue budget for receipt of RMRA funds.
-3-
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Local Streets and Roads - Projected Revenues
2018-19
Estimated 22 January 2019
SAN DIEGO COUNTY
Hwy Users Tax L
SB1
Account Kepayment
Roaa Mntnc
Rehab Acct
TOTAL
CARLSBAD 2,326,554
CHULA VISTA 5,409,935
CORONADO 507,902
DEL MAR 92,968
EL CAJON 2,143,727
ENCINITAS 1,286,102
ESCONDIDO 3,069,884
129,260 1,817,563 4,273,377
301,664 4,241,799 9,953,398
27,851 391,621 927,373
4,874
119,037
71,224
170,822
68,534
1,673,819
1,001,497
2,401,989
IMPERIAL BEACH 578,806 31,760 446,581
LA MESA 1,247,843 69,084 971,417
LEMON GROVE 552,002 30,261 425,507
JNATIONAL CITY L 1,267,930 70,208
OCEANSIDE 3,591,926 200,012
POWAY 1,024,900 56,619
SAN DIEGO 28,660,947 1,601,16
SAN MARCOS 1,943,797 107,998
SANTEE 1,161,784 64,272
166,376
3,936,583
2,358,823
5,642,696
1,057,146
2,288,343
1,007,770
987,210 2,325,348
2,812,432 6,604,370
796,133 1,877,652
6 22, 514, 503 52, 776, 615
1,518,595 3,570,390
903,755 2,129,811
SOLANA BEACH 288,909 15,718 221,015
VISTA 2,099,840 116,583 1,639, 314
County of San Diego 54,224,358 2,695,091 37,896,533
Total Cities & County: San Diego 111,480,113 5,883,503 82,729,815
SAN FRANCISCO COUNTY
525,642
3,855,737
94, 815, 982
200, 093,431
SAN FRANCISCO - City Allocation 16,672,888 996,849 14,017,014 31,686,751
SAN FRANCISCO - County Allocation 9,160,171 537,842 7,562,764 17,260,777
Total San Francisco 25,833,059 1,534,691 21,579,778 48,947,528
SAN JOA • UIN COUNTY
ESCALON 156,240 8,523 119,847 284,611
LATH RO P 489,638 27,367 384,818 901,823
LODI 1,339,448 75,693 1,064,339 2,479,479
MANTECA 1,620,691 91,733 1,289,889 3,002,313
RI PO N 322,134 17,871
STOCKTON 6,245,163
TRACY 1,842,301
County of San Joaquin 13,807,677
251,286 591,291
355,343 4,996,593 11,597,099
104,372 1,467,614 3,414,288
790,966 11,122,020 25,720,663
Total Cities & County: San Joaquin
25,823,292 1,471,868 20,696,406 47,991,566
2019-20
581
Hwy Users Tax L..
Account Kepayment
581
Roa. Mntnc
Rehab Acct
TOTAL
2,885,963
6,715,475
628,434
114,062
2,658,894
1,594,343
3,809,168
716,254
1,546,825
682,964
1,571,774
4,457,536
1,269,934
35, 590,458
2,411,190
1,439,941
129,260 1,897,182 4,912,405
301,664 4,427,612 11,444,752
27,851 408,776 1,065,061
4,874 71,536 190,472
119,037 1,747,141 4,525,072
71,224 1,045,368 2,710,935
170,822 2,507,209 6,487,199
31,760 466,144 1,214,157
69,084 1,013,970 2,629,879
30,261 444,147 1,157, 372
70,208 T1,030,455I 2,672,437
2,935,631
831,008
23, 500, 757
1,585,117
943,344
356,933 15,718 230,697
2,604,388 116,583 1,711,125
65, 845, 291 2,695,091 39, 556, 601
136, 899, 828 5,883,503 86, 353, 817
200,012
56,619
1,601,166
107,998
64,272
7,593,179
2,157, 560
60,692,381
4,104, 305
2,447, 557
603,347
4,432, 096
108, 096, 983
229,137,148
20, 994, 237
11,490,367
32, 484, 604
996,849 14,631,033 36,622,119
537,842 7,894,053 19,922,262
1,534,691 22,525,086 56,544,381
193,145
608,136
1,667,192
2,017,889
399,513
7,783,774
2,294,226
17, 232, 444
32,196, 320
8,523
27,367
75,693
91,733
17,871
355,343
104,372
790,966
1,471,868
125,097
401,675
1,110, 962
1,346,393
262,294
5,215,470
1,531,904
11,609,224
21,603,019
326,766
1,037,178
2,853,847
3,456,015
679,678
13, 354, 587
3,930,502
29,632,634
55,271,207
January2019 CafiforvtiaCityFiv.avice.cowt Page 17 of 23
172 of 348
RESOLUTION NO. 2019-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
1) APPROVING THE FOLLOWING PROJECT FOR FISCAL YEAR 2019-20 PROPOSED TO
RECEIVE FUNDING FROM THE ROAD MAINTENANCE AND REHABILITATION ACCOUNT
(RMRA) THROUGH THE LOCAL STREETS AND ROADS FUNDING PROGRAM AS
REQUIRED BY SENATE BILL 1, THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017:
A) RADAR SPEED FEEDBACK SIGN INSTALLATIONS; 2) REAFFIRMING TO THE PUBLIC
AND STATE THE CITY'S INTENT TO FUND PREVIOUSLY PROPOSED AND ADOPTED
PROJECTS WITH RMRA ACCOUNT REVENUES; AND 3) AUTHORIZING THE
ESTABLISHMENT OF A GAS TAX FUND APPROPRIATION OF $1,030,455 FOR FISCAL
YEAR 2020 AND CORRESPONDING REVENUE BUDGET FOR RECEIPT OF RMRA FUNDS
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017
(Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor
in April 2017 to address the significant multi -modal transportation funding shortfalls statewide;
and
WHEREAS, SB 1 includes accountability and transparency provisions that will
ensure the residents of our City are aware of the projects proposed for funding in our community
and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of projects proposed to receive
fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by
SB 1, which must include a description and the location of each proposed project, a proposed
schedule for the project's completion, and the estimated useful life of the improvement; and
WHEREAS, the City, will receive an estimated $1,030,455 in RMRA funding in
Fiscal Year 2019-20 from SB 1; and
WHEREAS, this is the third year in which the City is receiving SB 1 funding and
will enable the City to continue essential road maintenance and rehabilitation projects, safety
improvements, repairing and replacing aging bridges, and increasing access and mobility options
for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City prioritizes projects based on health and safety benefits, input
from the community, project costs, schedule and available funding, and consistency with long-
range planning documents and policies; and
WHEREAS, the list of projects proposed to receive funding from the RMRA were
developed based on this criteria to ensure revenues are being used on high -priority and cost-
effective projects that meet the community's priorities for transportation investment; and
173 of 348
Resolution No. 2019 —
Page Two
WHEREAS, revenues received from the RMRA will greatly assist the City in
increasing the overall quality and sustainability of our transportation system for the benefit of the
public; and
WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate 1.5
miles of streets, throughout the City this year and a number of similar projects into the future; and
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs
Assessment found that the City's streets and roads are in an "at -risk" condition and this revenue
will help us increase the overall quality of our road system and over the next decade will bring our
streets and roads into a "good" condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets
and roads infrastructure with a focus on basic maintenance and safety, investing in complete
streets infrastructure, and using cutting -edge technology, materials and practices, will have
significant, positive co -benefits statewide.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City approves the following list of projects proposed to receive funding from the RMRA,
as required by SB 1:
1) Citywide Radar Speed Feedback Sign Installations — Install radar speed
feedback signs on D Avenue between 24th Street and 30th Street; Harbison Avenue between
Division Street and 4th Street; Plaza Bonita Center Way between Valley Road and Sweetwater
Road; Valley Road between Sweetwater Road and Calle Abajo; Valley Road between Plaza
Bonita Center Way to San Miguel Court; and Cleveland Avenue between Bay Marina Drive to
Civic Center Drive (Estimated construction completion by June 2020 with useful life of 10 to 15
years).
A) The following previously proposed and adopted projects may utilize fiscal year
2019-20 Road Maintenance and Rehabilitation Account revenues in their delivery. With the
relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public
and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account
revenues:
1) Euclid Avenue Street Resurfacing — provide pavement rehabilitation, grind
and overlay on Euclid Avenue between Cervantes Avenue and E. 24' Street (estimated
construction completion by June 2020 with useful life of 10 to 15 years);
2) Palm Avenue Street Resurfacing — provide pavement rehabilitation, grind
and overlay on Palm Avenue between Division Street and E. 18' Street (estimated construction
completion by December 2020 with useful life of 10 to 15 years);
174 of 348
Resolution No. 2019 —
Page Three
3) Division Street — Euclid Avenue to Harbison Avenue Bicycle
Improvements - provide pavement rehabilitation, grind and overlay on Division Street between
Euclid Avenue and Harbison Avenue (estimated construction completion by June 2020 with
useful life of 10 to 15 years);
4) FY 2018 Safe Routes to School (SRTS) Pedestrian and Bicycle
Enhancements — Harbison Avenue and E. 2nd Street Traffic Calming - provide pavement
rehabilitation, grind and overlay, Class III bike sharrows, traffic calming chicanes on Harbison
Avenue between Division Street and E. 4th Street (estimated construction completion by July
2019 with useful life of 10 to 15 years).
PASSED and ADOPTED this 16th day of April, 2019.
Alejandra Sotelo-Solis, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney
175 of 348
CC/CDC-HA Agenda
4/16/2019 — Page 176
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City requesting authorization to reprogram
$21,000.00 of personnel appropriations to materials and supplies for the Housing
Inspection Program within the Housing & Economic Development Department's
Community Development Block Grant FY 2019 approved budget with no impact to
staffing or services covered. (Housing & Economic Development)
Please scroll down to view the backup material.
176 of 348
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: April 16, 2019
AGENDA ITEM NO.:
ITEM TITLE:
Resolution of the City Council of the City of National City authorizing $21,000.00 of personnel
appropriations to be reprogrammed to materials and supplies for the Housing Inspection Program within
the Housing & Economic Development Department's Community Development Block Grant FY 2019
approved budget with no impact to staffing or services covered.
PREPARED BY: Angelita Palma, Comm. Dev. Spec. II DEPARTMENJ_1jf ing &1Econ. Dev. Dept.
PHONE: 619-336-4219 APPROVED
EXPLANATION:
Reprogram funds from Personnel Services in the amount of $21,000.00 to materials and supplies. The
purpose of this reallocation is to cover the costs of emergency relocations and additional materials and
supplies that are still needed for program operation. There will be no impact to staffing or services
covered by this reallocation.
FINANCIAL STATEMENT: APPROVED: FINANCE
ACCOUNT NO. APPROVED: MIS
Reallocate funds from personnel Services (301-419-467-101 * to 301-419-467-161 *) in the amount of
$21,000.00 to materials and supplies (301-419-467-399-0000).
ENVIRONMENTAL REVIEW:
This is not a project and, therefore, not subject to environmental review.
ORDINANCE: INTRODUCTION ❑ FINAL ADOPTION 0
STAFF RECOMMENDATION:
Adopt the resolution to approve reprogramming of personnel appropriations to materials and supplies for
the Housing Inspection Program.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Housing Inspection Program Personnel Budget
177 of 348
Attachment No. 1
Account Number
Housing Inspection Program Personnel Budget
to be Reporgrammed to Materials & Supplies
Funded by CDBG funds Dept 419 Act 467
Personnel Costs
Description
Approved
Budget
301-419-467-101-0000
301-419-467-120-0000
301-419-467-140-0000
301-419-467-150-0000
301-419-467-160-0000
301-419-467-161-0000
FULL-TIME SALARIES
DIFFERENTIAL PAY
WORKERS' COMPENSATION
HEALTH INSURANCE
RETIREMENT PLAN CHARGES
MEDICARE
Total Personnel Services
$ 67,142.00
1,300.00
3,032.00
6,631.00
19,739.00
983.00
$ 98,827.00
Amount to
reprogram to M&O
$ 14,319.90
277.20
646.80
1,413.30
4,132.80
210.00
$ 21,000.00
178 of 348
RESOLUTION NO. 2019 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
REQUESTING AUTHORIZATION TO REPROGRAM $21,000.00 OF PERSONNEL
APPROPRIATIONS TO MATERIALS AND SUPPLIES FOR THE HOUSING
INSPECTION PROGRAM WITHIN THE HOUSING & ECONOMIC DEVELOPMENT
DEPARTMENT'S COMMUNITY DEVELOPMENT BLOCK GRANT FY 2019
APPROVED BUDGET WITH NO IMPACT TO STAFFING OR SERVICES COVERED.
WHEREAS, $21,000.00 of personnel appropriations needs to be reprogrammed
to materials and supplies for the Housing Inspection Program within the Housing & Economic
Development Department's Community Development Block Grant FY 2019 approved budget with
no impact to staffing or services covered.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes $21,000.00 of personnel appropriations to be reprogrammed to
materials and supplies for the Housing Inspection Program within the Housing & Economic
Development Department's Community Development Block Grant FY 2019 approved budget with
no impact to staffing or services covered.
PASSED and ADOPTED this 16th day of April, 2019.
Alejandra Sotelo-Solis, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney
179 of 348
CC/CDC-HA Agenda
4/16/2019 — Page 180
The following page(s) contain the backup material for Agenda Item: Warrant Register
#37 for the period of 03/06/19 through 03/12/19 in the amount of $1,971,657.42.
(Finance)
Please scroll down to view the backup material.
180 of 348
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: April 16, 2019
AGENDA ITEM NO.:
ITEM TITLE:
Warrant Register #37 for the period of 03/06/19 through 03/12/19 in the amount of $1,971,657.42.
(Finance)
PREPARED BY: Karim Galeana, Finance Manager
PHONE: 619-336-4331
EXPLANATION: APPROVED BY:
Per Government Section Code 37208, attached are the warrants issued for the period of 03/06/19
through 03/12/19. Consistent with Department of Finance's practice, listed below are all payments above
$50,000.
Vendor Check/Wire Amount Explanation
ESGIL Corporation 341210 74,938.69 Plan Review Services - Building
Folsom Lake Ford 341215 117,061.88 2019 Ford Explorer - Police
Public Emp Ret System 3122019 237,929.64 Service Period 02/12/19 — 02/25/19
DEPARTMENT: Finance
FINANCIAL STATEMENT: APPROVED: `O/a ,2a FINANCE
ACCOUNT NO. APPROVED: MIS
Warrant total $1,971,657.42.
ENVIRONMENTAL REVIEW:
This is not a project and, therefore, not subject to environmental review.
ORDINANCE: INTRODUCTION
FINAL ADOPTION
STAFF RECOMMENDATION:
Ratify warrants totaling $1,971,657.42
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
Warrant Register # 37
181 of 348
I� CALIFORNIA -2,I
NilJNic envy
T.41.3V ��
NCORPORATEI
WARRANT REGISTER # 37
3/12/2019
PAYEE
24 HOUR ELEVATOR INC
ABLE PATROL & GUARD
ACE UNIFORMS & ACCESSORIES INC
AETNA BEHAVIORAL HEALTH
AIRGAS USA LLC
ALDEMCO
ALL FRESH PRODUCTS
ALPHA PROJECT FOR THE HOMELESS
ALTA LANGUAGE SERVICES INC
AMAZON
AMERICAN LIBRARY ASSOC
ANTONIO'S TOOLS REPAIR
ARELLANO, ANA
ASSI SECURITY INC
AT&T
AT&T
BACALLAO, I
BAKER & TAYLOR
BEHAVIOR ANALYSIS
BIBLIOTHECA LLC
BLACKIE'S TROPHIES AND AWARDS
BRODART CO
CAL UNIFORMS INC
CALIFORNIA COMMERCIAL SECURITY
CALIFORNIA ELECTRIC SUPPLY
CANON SOLUTIONS AMERICA INC.
CASTER PROPERTIES
CITY OF CHULA VISTA
CLEAR WATER TECHNOLOGIES LLC
COHERO
COLANTUONO HIGHSMITH
CONCENTRA MEDICAL CENTERS
COSTAR REALTY INFORMATION INC
COUNTY OF SAN DIEGO
COUNTY OF SAN DIEGO
COUNTY OF SAN DIEGO
COX COMMUNICATIONS
COX COMMUNICATIONS
CSA SAN DIEGO COUNTY
CSAC EXCESS INS AUTHORITY
CSAC EXCESS INS AUTHORITY
CSMFO
CSMFO
CULLIGAN OF SAN DIEGO
CYNTHIA TITGEN CONSULTING INC
DESCRIPTION
CITY WIDE ELEVATOR SVC AND REPAIR - PW
LIB-00001 SECURITY GUARD SVCS 2019
NAME PLATES / POLICE
EMPLOYEE ASSIST PROGRAM MARCH 2019
MOP 45714 GENERAL SUPPLIES - PW
FOOD - NUTRITION CENTER
FOOD - NUTRITION CENTER
ALPHA PROJECT FOR OUTREACH SERVICES DEC'18
EMPLOYEE LISTENING & SPEAKING TEST
BOOKS -LIBRARY
ALA MEMBERSHIP FOR ONE YEAR 2019
REFUND FOR OVERPAID BUSINESS TAX, ACCT 1
FEE REFUND, BUILDING
DSX LAN MODULE / MIS
AT&T SBC PHONE SERVICE - FEBRUARY
AT&T SVCS FEB 13 THRU MAR 12, 2019
REIMB FOR CLASS B LICENSE - COMM SVCS
BOOKS - LIBRARY
TRAINING TUITION INT & INTR LOPEZ
RFID TAG FULLDISCCD - LIBRARY
MOP BLACKIES NAME BARS
BOOKS -LIBRARY
NAME BARS / POLICE
MOP 45754 BUILDING SUPPLIES - PW
MOP 45698 ELECTRIC SUPPLIES - PW
PLOTWAVE 345 PRINTER BILLABLE USAGE / ENG
BUILDING FEE REFUND
ANIMAL SHELTER FEES NOV 2018
MONTHLY WATER TREATMENT FEB 2019
RMS SUPPORT SERVICES 03/1/19
LIABILITY CLAIM COST THRU JAN 31, 2019
PRE -EMPLOYMENT PHYSICAL & DOT
COSTAR SUBSCRIPTION-HED
OBSERVER CLOTHING / POLICE
NEXTGEN REGIONAL COMMUNICATIONS SYSTEM
MAIL PROCESSING SERVICES / FEB 2019
COX DATA VIDEO SERVICES / MARCH
COX INTERNET SVC FEB 21 THRU MAR 20, 2019
PO CSA SD CNTY CDBG REIMBURSEMENT /HED
Q4 - 2018 CERTIFICATE OF INS MGMT FEES
CERT OF INS MGMT PROG JUN 29 - SEP 27, 2019
CSMFO MEMBERSHIP / KELLY / FINANCE
CSMFO MEMBERSHIP / OCANA / FINANCE
WATER SOFTENER - NUTRITION CENTER
BENEFITS COMPLIANCE LEAVES W/C FEB 2019
CHK NO DATE AMOUNT
341160 3/12/19 2,951.92
341161 3/12/19 3,014.85
341162 3/12/19 38.48
341163 3/12/19 1,081.16
341164 3/12/19 146.42
341165 3/12/19 4,758.55
341166 3/12/19 1,966.25
341167 3/12/19 10,777.77
341168 3/12/19 120.00
341169 3/12/19 2,830.12
341170 3/12/19 145.00
341171 3/12/19 30.00
341172 3/12/19 222.28
341173 3/12/19 570.00
341174 3/12/19 2,286.60
341175 3/12/19 411.02
341176 3/12/19 110.00
341177 3/12/19 2,230.16
341178 3/12/19 481.00
341179 3/12/19 1,309.78
341180 3/12/19 19.58
341181 3/12/19 675.65
341182 3/12/19 262.46
341183 3/12/19 434.18
341184 3/12/19 2,235.37
341185 3/12/19 26.40
341186 3/12/19 30,445.60
341187 3/12/19 46,545.00
341188 3/12/19 580.00
341189 3/12/19 28,000.00
341190 3/12/19 18.63
341191 3/12/19 128.00
341192 3/12/19 4,792.66
341193 3/12/19 45.00
341194 3/12/19 8,639.58
341195 3/12/19 3,457.08
341196 3/12/19 441.60
341197 3/12/19 174.00
341198 3/12/19 5,931.85
341199 3/12/19 1,000.00
341200 3/12/19 975.00
341201 3/12/19 110.00
341202 3/12/19 55.00
341203 3/12/19 11.00
341204 3/12/19 2,415.00
1/4
182 of 348
I� CALIFORNIA -2,I
NiltNIXLCiy'y
PAYEE
DATA TICKET INC
DEPT OF JUSTICE
D-MAX ENGINEERING
DSS CORPORATION
EAN SERVICES LLC
ESGIL CORPORATION
ESRI INC
EXPERIAN
FAROUK DEIRANICH
FEDEX
FOLSOM LAKE FORD
FRANK SUBARU
GEORGE H WATERS NUTRITION CTR
GRAINGER
GRASS ROOTS PRESS
HERNANDEZ, ALEJANDRO
HOME DEPOT CREDIT SERVICES
HUTCHINSON, C
IDEMIA IDENTITY & SECURITY USA
IRON MOUNTAIN
KD F AVENUE LLC
LANGUAGE LINE SERVICES
LASER SAVER INC
LEXIPOL LLC
LIEU, C
LOPEZ, J
MARK BRENUCK
MASON'S SAW
MAYLYNNE RAYOS
MAZZARELLA & MAZZARELLA LLP
MD WEIGHT LOSS AND WELLNESS
METEAU JR, R
MIDWEST TAPE
NAGUNSMITHING LLC
NATIONAL CITY AUTO TRIM
NATIONAL CITY CAR WASH
NATIONAL CITY ELECTRIC
NATIONAL CITY TROPHY
NATIONAL CREDIT REPORTING
OCANA, A
OFFICE SOLUTIONS BUSINESS
OFFICE TEAM
PACIFIC TELEMANAGEMENT SERVICE
PADRE JANITORIAL SUPPLIES
PAL GENERAL ENGINEERING INC
PALOMAR HEALTH
1 e e
WAICLAITIMII$` # 37
3/12/2019
DESCRIPTION
DATA TICKET PARKING ENFORCEMENT CITE JAN
FINGERPRINT RESULTS / HR
STORMWATER SERVICES FY 2018-19
MAINT AGRMT FROM 4/10/19 THRU 4/09/20
REIMBURSEMENT FOR CAR RENTAL - ENG/PW
PLAN REVIEW SERVICES - BUILDING
ARCGIS DESKTOP BASIC CONCURRENT USE 9
CREDIT CHECKS / POLICE
REFUND FOR OVERPAID BUSINESS TAX, ACCT 6
FEDEX TRANSPORTATION SERVICE/HED
2019 FORD EXPLORER / POLICE
T&A#90199 28TH ST. & N.C.B.
OPEN HOUSE EVENT
DUAL TEMPERATURE REFRIGERATOR
BOOKS -LIBRARY
T&A#90255 706 F AVENUE
GENERAL SUPPLIES NEEDED FOR BUILDING
MILEAGE REIMBURSEMENT-ENG
FINGERING RENEW DEC 12, 2018 TO DEC 11, 2019
RECORD MANAGEMENT AND STORAGE FOR FY19
BUILDING FEE REFUND
LANGUAGE LINE SERVICES / POLICE
INK CARTRIDGES / SEC 8 SUPPLIES
LEXIPOL 365 MANUAL UPDATE SUBSCRIPTION / PD
REIMB SDCOL MEETING MILES FEB 05, 2019
MILEAGE REIMBURSEMENT / ENG
REFUND OF CONSTR & DEM DEP T&A 99419
MOP 45729 EQUIPMENT SUPPLIES - PW
LIABILITY CLAIM COST FEB 2019
LIABILITY CLAIM COST THRU JAN 31, 2019
REFUND FOR OVERPAID BUSINESS TAX, ACCT 1
SCPMA-HR 2019 ANNUAL TRAINING CONF
DVDS - LIBRARY
LIGHTS FOR PATROL AR1 / PD
RECOVER GOLF CART SEAT FEB 2019
MONTHLY CAR WASH JANUARY 2019
BREAKER PANEL REPLACEMENT FEB 2019
MOP 66556 STAR ACRYLIC PLAQUES - HR
BACKGROUND/CREDIT CHECKS FOR S8
MILEAGE - INT GOV ACCOUNT TRAINING / FIN
FURNITURE / CSD
TEMPORARY SERVICES OFFICE TEAM / NSD
PACIFIC TELEMANAGEMENT SERVICES - MARCH
JANITORIAL SUPPLIES - NUTRITION CENTER
WILSON AVE & WEST 22ND
SART EXAMS / POLICE
CHK NO DATE AMOUNT
341205 3/12/19 4,299.62
341206 3/12/19 290.00
341207 3/12/19 40,914.67
341208 3/12/19 2,875.00
341209 3/12/19 252.05
341210 3/12/19 74,938.69
341211 3/12/19 48,250.00
341212 3/12/19 54.96
341213 3/12/19 30.00
341214 3/12/19 32.55
341215 3/12/19 117,061.88
341216 3/12/19 8,841.11
341217 3/12/19 229.75
341218 3/12/19 13,573.58
341219 3/12/19 957.15
341220 3/12/19 8,671.35
341221 3/12/19 418.52
341222 3/12/19 11.06
341223 3/12/19 2,691.00
341224 3/12/19 257.03
341225 3/12/19 1,362.55
341226 3/12/19 60.51
341227 3/12/19 371.66
341228 3/12/19 22,041.00
341229 3/12/19 12.98
341230 3/12/19 14.96
341231 3/12/19 400.40
341232 3/12/19 490.97
341233 3/12/19 179.05
341234 3/12/19 2,235.35
341235 3/12/19 30.00
341236 3/12/19 169.00
341237 3/12/19 2,247.95
341238 3/12/19 6,785.57
341239 3/12/19 266.44
341240 3/12/19 325.00
341241 3/12/19 2,150.00
341242 3/12/19 471.87
341243 3/12/19 211.10
341244 3/12/19 125.28
341245 3/12/19 1,263.68
341246 3/12/19 955.60
341247 3/12/19 78.00
341248 3/12/19 288.04
341249 3/12/19 18,482.96
341250 3/12/19 4,050.00
2/4
183 of 348
I� CALIFORNIA -2,l
will JAL -XL CI
PAYEE
PRO BUILD COMPANY
PRO -EDGE KNIFE
PRUDENTIAL OVERALL SUPPLY
RADY CHILDREN'S HOSPITAL SAN D
RAMIREZ, P
REGAN, K
RESCUE PHONE INC
S D COUNTY SHERIFFS DEPT
SAN DIEGO GAS & ELECTRIC
SAN DIEGO PET SUPPLY
SANDAG
SCHMIDT FIRE PROTECTION CO
SCLLN
SDG&E
SEAPORT MEAT COMPANY
SEECLICKFIX INC
SEWARD, G
SHARP ELECTRONICS CORPORATION
SITEONE LANDSCAPE SUPPLY LLC
SMART & FINAL
SMART SOURCE OF CALIFORNIA LLC
SOUTH BAY FENCE INC
STAPLES BUSINESS ADVANTAGE
STAPLES BUSINESS ADVANTAGE
STOUT, Z
SWAGIT PRODUCTION LLC
SWEETWATER AUTHORITY
SYSCO SAN DIEGO INC
TARGET SOLUTIONS LEARNING
TECHNOLOGY INTEGRATION GROUP
TRI STATE GENERAL CONTRACTORS
U S BANK
U S BANK
U S BANK
VERIZON WIRELESS
WAXIE SANITARY SUPPLY
WEST PAYMENT CENTER
WESTFLEX INDUSTRIAL
WETMORES
WHITAKER BROTHERS
WILLY'S ELECTRONIC SUPPLY
YBARRA, A
WIRED PAYMENTS
1 e e
WADI$` # 37
3/12/2019
DESCRIPTION
MOP 45707. SUPPLIES / PD
KNIFE SHARPENING - NUTRITION CENTER
MOP 45742 LAUNDRY SERVICES - PW
CHILD SEXUAL ABUSE EXAM / PD
EDUCATION REIMBURSEMENT
TRAINING ADV LDG CAPE FOR REGAN
RESCUE PHONE / POLICE
CAL ID COST JAN-JUNE 30 2019
GAS & ELECTRIC UTILITIES - NUTRITION
MOP SD PET SUPPLY PD
T&A#90260 BAYSHORE BIKEWAY
FEE REFUND, FIRE
SCLLN 2019 MEMBERSHIP - LIBRARY
GAS AND ELECTRIC UTILITIES — PW
FOOD - NUTRITION CENTER
PLUS ANNUAL LICENSE / MIS
TRAINING ADV LDG CA CANBS CONTROL/SEWARD
MAINTENANCE 20 SHARP COPIERS - FEBRUARY
MOP 69277 LANDSCAPE SUPPLIES - PW
MOP / SUPPLIES - PD
PATCH BROCHURES / POLICE
FENCING-HED
MOP 45704 OFFICE SUPPLIES - PD
MOP 45704 COMPUTER CARE KIT - RISK MGMT
EDUCATION REIMBURSEMENT
VIDEO STREAMING SERVICES JAN 2019
FACILITIES DIVISION WATER UTILITIES
FOOD - NUTRITION CENTER
PREMIER MEMBERSHIP PLATFORM - FIRE
MIS SUPPLIES
T&A#90336 1200 HIGHLAND AVE.
CREDIT CARD EXPENSES FEB 2019 - HR
CREDIT CARD EXPENSES - ENG
CREDIT CARD EXPENSES - FIRE
VERIZON CELLULAR SERVICES - FEBRUARY
MISC JANITORIAL SUPPLIES - PW
INVESTIGATIONS TOOL - POLICE
MOP 63850 GENERAL SUPPLIES - PW
MOP 80333 AUTO SUPPLIES - PW
CLEANING SPECIAL FEB 2019
MOP 45763 LEAD ACID BATTERY - FIRE DEPT
TRAINING ADV POST SLI 8/ A Y / POLICE
CHK NO DATE AMOUNT
341251 3/12/19 90.11
341252 3/12/19 46.00
341253 3/12/19 613.79
341254 3/12/19 1,383.00
341255 3/12/19 212.00
341256 3/12/19 973.15
341257 3/12/19 1,625.81
341258 3/12/19 8,180.00
341259 3/12/19 1,547.52
341260 3/12/19 751.74
341261 3/12/19 932.74
341262 3/12/19 735.00
341263 3/12/19 150.00
341264 3/12/19 893.47
341265 3/12/19 1,197.16
341266 3/12/19 15,888.00
341267 3/12/19 218.88
341268 3/12/19 3,464.96
341269 3/12/19 179.35
341270 3/12/19 481.15
341271 3/12/19 1,810.27
341272 3/12/19 300.00
341273 3/12/19 2,071.42
341274 3/12/19 22.94
341275 3/12/19 350.00
341276 3/12/19 1,920.83
341277 3/12/19 6,304.10
341278 3/12/19 9,138.50
341279 3/12/19 3,120.00
341280 3/12/19 1,073.76
341281 3/12/19 804.68
341282 3/12/19 4,700.96
341283 3/12/19 750.00
341284 3/12/19 165.88
341285 3/12/19 25,161.90
341286 3/12/19 3,055.62
341287 3/12/19 1,193.40
341288 3/12/19 414.64
341289 3/12/19 25.19
341290 3/12/19 173.05
341291 3/12/19 94.46
341292 3/12/19 384.00
A/P Total 665,219.32
3/4
184 of 348
I� CALIFORNIA -2,I
N!flSJNIXL C
1 e e
WADI$` # 37
3/12/2019
PAYEE DESCRIPTION
PUBLIC EMP RETIREMENT SYSTEM SERVICE PERIOD 02/12/19 - 02/25/19
PAYROLL
Pay period Start Date
6 2/26/2019
End Date
3/11/2019
Check Date
3/20/2019
CHK NO DATE AMOUNT
3122019 3/12/19 237,929.64
1,068,508.46
GRAND TOTAL $ 1,971,657.42
4/4
185 of 348
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 16TH OF APRIL 2019.
AYES
NAYS
ABSENT
186 of 348
CC/CDC-HA Agenda
4/16/2019 — Page 187
The following page(s) contain the backup material for Agenda Item: Warrant Register
#38 for the period of 03/13/19 through 03/19/19 in the amount of $487,693.05. (Finance)
Please scroll down to view the backup material.
187 of 348
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: April 16, 2019
AGENDA ITEM NO.:
ITEM TITLE:
Warrant Register #38 for the period of 03/13/19 through 03/19/19 in the amount of $487,693.05.
(Finance)
PREPARED BY: Karim Galeana, Finance Manager DEPARTMENT: Finance
PHONE: 619-336-4331
EXPLANATION: APPROVED BY:
Per Government Section Code 37208, attached are the warrants issued for the period of-03/13/19
through 03/19/19. Consistent with Department of Finance's practice, listed below are all payments above
$50,000.
Vendor Check/Wire Amount Explanation
Whitlock Contracting 341371 191,155.58 Paradise Creek Park Remed & Improvmnts
Adminsure Inc 147696 51,277.62 W/C Account Replenishment / Feb 2019
FINANCIAL STATEMENT:
ACCOUNT NO.
Warrant total $487,693.05.
APPROVED: �'�/ a /G� 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 $487,693.05
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
Warrant Register # 38
188 of 348
I� CALIFORNIA -2,I
Nil TY
PAYEE
COUNTY OF SAN DIEGO
DOKKEN ENGINEERING
HOME DEPOT CREDIT SERVICES
PRUDENTIAL OVERALL SUPPLY
24 HOUR ELEVATOR INC
ACE RADIATOR
ACME SAFETY & SUPPLY CORP
ACTIVE NETWORK LLC
AMERICAN BACKFLOW SPECIALTIES
ASSI SECURITY INC
AT&T
AT&T
CALIFORNIA COMMERCIAL SECURITY
CASAS, LAURA
CDWG
CHELIUS, A
CLEAN HARBORS ENVIRONMENTAL
COMMERCIAL AQUATIC SERVICE INC
CONCENTRA MEDICAL CENTERS
COPWARE INC
COUNTYWIDE MECHANICAL
COUNTYWIDE MECHANICAL SYSTEMS
COX COMMUNICATIONS
DANIELS TIRE SERVICE
DANIELS TIRE SERVICE
DAY WIRELESS SYSTEMS
DEPARTMENT OF INDUSTRIAL
DEPARTMENT OF JUSTICE
DISCOUNT SPECIALTY CHEMICALS
DUNBAR ARMORED INC
ENTERPRISE FLEET MANAGEMENT
EXOS COMMUNITY SERVICES LLC
FALLEN OFFICERS FUND
GEORGE H WATERS NUTRITION CTR
GOVCONNECTION INC
GRAINGER
HAMEL, K
IDEMIA IDENTITY & SECURITY USA
L N CURTIS & SONS
LEFORT'S SMALL ENGINE REPAIR
LOPEZ, TERESA YOLANDA
MAINTEX INC
MAN K9 INC
MAZZARELLA & MAZZARELLA LLP
MUNICIPAL CODE CORPORATION
aaav
ZNCORPORATEI —J
WARRANT REGISTER # 38
3/19/2019
DESCRIPTION
FHD - POOL PERMIT
PLAZA BLVD. PROJECT
GENERAL SUPPLIES / FACILITIES
MOP 45742. LAUNDRY SERVICES / PARKS
ELEVATOR MAINT FOR MAR THRU MAY 2019
BOLTS - GASKET AND RADIATOR LABOR
10 STREET SIGN CAPS ORDERED ON 02/11/19
ACTIVE NET - IPP320 DEBIT PIN PAD
PURCHASE OF SUPER SAFECAGE AND FEBCO
PARTS & LABOR TO REPLACE LOCK JAN 2019
AT&T SERVICES FOR FEBRUARY 2019
AT&T SERVICES FOR MARCH 2019
ELECTRONIC DOOR LOCK INSTALLATION
TRANSLATION SERVICES AS NEEDED FOR FY19
APPLE IPAD PRO CELL 256GB GRAY
TRAINING ADV LODGE CELLE / CHELIUS
CONTRACT SERVICES
CHEMICAL DELIVERED TO LAS P POOL 11/09/1
PRE -EMPLOYMENT PHYSICAL MAR 04, 2019
PENAL AND VEHICLE CODE ACCESS
HVAC MAINTENANCE AND REPAIR 02/07/19
SEWER PIPE REPAIR
COX DATA SVC MAR 05, 2019 - APR 04, 2019
TIRES FOR CITY FLEET FOR FY 2019
TIRES FOR CITY FLEET FOR FY 2019
BATTERIES
ELEVATOR PERMIT RENEWAL FOR 333 E 16TH
FINGERPRINT APPS - FEBRUARY 2019
LIQUID LIVE ENZYMES
ARMORED SERVICES MAR 2019 - FINANCE
ENTERPRISE LEASE VEHICLES - ENG/PW
MANAGEMENT FEES -
TRAINING TUITION GANG FOR 6 OFFICERS
03-09-19 NEIGHBORHOOD COUNCIL BREAKFAST
SAMSUNG 55" LED-LCD/TV WALL MOUNT STEEL
UTILITY SINK STAINLESS STEEL
EDUCATION REIMBURSEMENT - FIRE DEPT
FINGERPRINT SUBMISSION FEB 2019
TURNOUTS
MOP 880702 AUTO SUPPLIES - PW
TRANSLATION SERVICES AS NEEDED FOR FY19
TOWELS REMOVE GRAFFITI - NSD
PATROL K9 MAINTENANCE
LEGAL SERVICES - AMORTIZATION - INVOICE
MUNICIPAL CODE SUPP 51 - UPDATE 3
CHK NO
341293
341294
341295
341296
341297
341298
341299
341300
341301
341302
341303
341304
341305
341306
341307
341308
341309
341310
341311
341312
341313
341314
341315
341316
341317
341318
341319
341320
341321
341322
341323
341324
341325
341326
341327
341328
341329
341330
341331
341332
341333
341334
341335
341336
341337
DATE
3/19/19
3/19/19
3/19/19
3/19/19
3/19/19
3/19/19
3/19/19
3/19/19
3/19/19
3/19/19
3/19/19
3/19/19
3/19/19
3/19/19
3/19/19
3/19/19
3/19/19
3/19/19
3/19/19
3/19/19
3/19/19
3/19/19
3/19/19
3/19/19
3/19/19
3/19/19
3/19/19
3/19/19
3/19/19
3/19/19
3/19/19
3/19/19
3/19/19
3/19/19
3/19/19
3/19/19
3/19/19
3/19/19
3/19/19
3/19/19
3/19/19
3/19/19
3/19/19
3/19/19
3/19/19
AMOUNT
50.00
2,155.26
317.38
451.53
3,570.00
2,443.38
152.25
16,707.65
1,448.22
840.00
2,240.20
80.42
954.11
100.00
26,077.18
990.35
1,097.46
3,082.79
130.00
2,220.00
1,410.00
2,365.48
541.73
997.93
228.70
466.75
1,350.00
480.00
478.84
290.83
13,042.27
33,371.08
1,350.00
1,700.00
2,336.78
1,039.80
1,243.52
30.00
5,544.08
326.25
160.00
319.53
3,120.00
4,785.34
906.14
1/3
189 of 348
I� CALIFORNIA -2,I
NilJALAL envy
e
warimpttonATEIP# 38
3/19/2019
PAYEE
NAPA AUTO PARTS
NATIONAL CITY TROPHY
O'REILLY AUTO PARTS
ORKIN PEST CONTROL
PARTS AUTHORITY METRO LLC
PARTS AUTHORITY METRO LLC
PENSKE FORD
PREMIER SAFETY
PRO BUILD COMPANY
PRUDENTIAL OVERALL SUPPLY
S D TRAINING MANAGERS ASSOC
SAM'S ALIGNMENT
SAN DIEGO REGIONAL
SDG&E
SDG&E
SHARP REES STEALY MED GROUP
SMITH, M
SOUTHERN CALIF TRUCK STOP
STAPLES BUSINESS ADVANTAGE
STEVENS, C
SUMMIT SUPPLY
SUPERIOR READY MIX
SWAGIT PRODUCTION LLC
T MAN TRAFFIC SUPPLY
TAB PRODUCTS CO
THE SHERWIN WILLIAMS CO
U S BANK
UNDERGROUND SERVICE ALERT
VERIZON WIRELESS
VIORA, B
VISTA PAINT
VORTEX INDUSTRIES INC
WHILLOCK CONTRACTING
WILLY'S ELECTRONIC SUPPLY
YBARRA, A
WIRED PAYMENTS
ADMINSURE INC
ARCO BUSINESS SOLUTIONS
PUBLIC EMP RETIREMENT SYSTEM
PAYCHEX BENEFIT TECH INC
SECTION 8 HAPS
DESCRIPTION
MOP 45735 EQUIPMENT SUPPLIES — PW
MOP 66556 OFFICE SUPPLIES — PW
MOP 75877 AUTO SUPPLIES - PW
CITYWIDE PEST CONTROL SVCS JAN 2019
MOP 75943 AUTO SUPPLIES - PW
MOP 75943 AUTO SUPPLIES - PW
R&M CITY VEHICLES - WHEEL ASY
CALIBRATION GAS / FIRE
MOP 45707 GENERAL SUPPLIES - PW
MOP 45742 LAUNDRY SERVICES - PW
TRAINING SDTM MEMBER/NAGLE
FOUR WHEEL ALIGNMENT
TRAINING TUITION SEARCH WARRANT/CARDOZA
GAS AND ELECTRIC UTILITIES — PW
GAS AND ELECTRIC UTILITIES — PW
PRE -EMPLOYMENT PHYSICALS & DOT
TRAINING REIM FTO UPDATE/ SMITH M
MOP 45758 GENERAL AUTO SUPPLIES - PW
MOP 45704. OFFICE SUPPLIES / CSD
TRAINING REIM FTO UPD / STEVENS
BURY ALL WOOD FILLED HOME PLATE
COLD MIX ASPHALTS,TACK OIL, 3/8 SHEET
VIDEO STREAMING SERVICES FEBRUARY 2019
MOP 76666 TRAFFIC SUPPLIES - PW
TAB FILING PRODUCTS - CITY CLERK
MOP 77816 PAINT SUPPLIES - NSD
CREDIT CARD EXPENSES / CMO
CA STATE FEE FOR REGULATORY COSTS
VERIZON CELL SVC FEB 05, 2019 - MAR 04,
EDUCATION REIMBURSEMENT - FIRE DEPT
MOP 68834 BUILDING SUPPLIES — PW
REPAIRS BI-FOLDING DOORS FEB 27, 2019
PARADISE CREEK PARK REMED & IMPROVEMENTS
MOP 45763 ELECTRONIC SUPPLIES - MIS
TRAINING ADV LODGE BACKGRD INV FOR YBARRA
W/C ACCOUNT REPLENISHMENT FEB 2019
FUEL FOR CITY FLEET FEBRUARY 2019
2019 REPLACEMENT BENEFIT CONTRIB CHARGES
BENETRAC ESR SVCS BASE FEE MAR 2019
Start Date
3/13/2019
End Date
3/19/2019
CHK NO DATE AMOUNT
341338 3/19/19 38.56
341339 3/19/19 203.91
341340 3/19/19 8.15
341341 3/19/19 1,914.00
341342 3/19/19 84.79
341343 3/19/19 34.52
341344 3/19/19 506.95
341345 3/19/19 201.19
341347 3/19/19 9,727.29
341348 3/19/19 363.66
341349 3/19/19 50.00
341350 3/19/19 120.00
341351 3/19/19 95.00
341352 3/19/19 21,049.28
341353 3/19/19 9,162.74
341354 3/19/19 606.00
341355 3/19/19 86.64
341356 3/19/19 299.57
341357 3/19/19 1,213.44
341358 3/19/19 86.64
341359 3/19/19 281.84
341360 3/19/19 1,172.97
341361 3/19/19 1,920.83
341362 3/19/19 482.20
341363 3/19/19 66.08
341364 3/19/19 547.45
341365 3/19/19 69.79
341366 3/19/19 154.46
341367 3/19/19 347.63
341368 3/19/19 426.15
341369 3/19/19 198.71
341370 3/19/19 1,935.99
341371 3/19/19 191,155.58
341372 3/19/19 134.32
341373 3/19/19 755.91
A/P Total 388,495.47
147696 3/14/19 51,277.62
147705 3/14/19 26,426.55
189516 3/19/19 1,172.76
388569 3/15/19 517.65
19,803.00
2/3
190 of 348
I� CALIFORNIA -2,I
Nil!flSJNIXL Cfl'y
1 e
warimpftonATER# 38
3/19/2019
PAYEE DESCRIPTION CHK NO DATE AMOUNT
GRAND TOTAL
$ 487,693.05
3/3
191 of 348
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 16TH OF APRIL 2019.
AYES
NAYS
ABSENT
192 of 348
CC/CDC-HA Agenda
4/16/2019 — Page 193
The following page(s) contain the backup material for Agenda Item: Warrant Register
#39 for the period of 03/20/19 through 03/26/19 in the amount of $545,915.60. (Finance)
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193 of 348
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: April 16, 2019
AGENDA ITEM NO.:
ITEM TITLE:
Warrant Register #39 for the period of 03/20/19 through 03/26/19 in the amount of $545,915.60.
(Finance)
PREPARED BY: Karim Galeana, Finance Manager DEPARTMENT: Finance
PHONE: 619-336-4331
EXPLANATION: APPROVED BY:
Per Government Section Code 37208, attached are the warrants issued for the period of 03/20/19
through 03/26/19. Consistent with Department of Finance's practice, listed below are all payments above
$50,000.
Vendor Check/Wire Amount Explanation
Bert W Salas Inc. 341407 82,341.34 Las Palmas Park Storm Drain Repairs
FINANCIAL STATEMENT:
ACCOUNT NO.
Warrant total $545,915.60.
APPROVED: `-/*'24 ,G� 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 $545,915.60
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
Warrant Register # 39
194 of 348
CALIFORNIA
PAYEE
CALPERS - FINANCIAL REPORTING
CEB
COUNTY OF SAN DIEGO
CREATIVE IMAGES
DELTA DENTAL
DELTA DENTAL
DELTA DENTAL INSURANCE CO
DELTA DENTAL INSURANCE CO
HEALTH NET
HEALTH NET
KAISER FOUNDATION HEALTH PLANS
KAISER FOUNDATION HEALTH PLANS
KAISER FOUNDATION HEALTH PLANS
KAISER FOUNDATION HEALTH PLANS
MAYTIME BAND REVIEW
MJC CONSTRUCTION
NATIONAL CITY TROPHY
NHA ADVISORS LLC
OFFICE TEAM
PROFORCE LAW ENFORCEMENT
RELIANCE STANDARD
SMART SOURCE OF CALIFORNIA LLC
STAPLES BUSINESS ADVANTAGE
THE LINCOLN NATIONAL LIFE INS
VISION SERVICE PLAN
ADMINSURE INC
AGUIRRE, OSCAR
ALDEMCO
ALL FRESH PRODUCTS
AMAZON
AT&T
BAUTISTA IBARRA, DENISSE
BCL TECHNOLOGIES
BERT W SALAS INC
BOOT WORLD
BROADWAY AUTO GLASS
BSN SPORTS LLC
CALIFA GROUP
CALIFORNIA ELECTRIC SUPPLY
CASAS, LAURA E
CHELIUS, ANGELA
CLAIMS MANAGEMENT ASSOCIATES
CLF WAREHOUSE INC
COMPUTER PROTECTION TECH INC
CONCENTRA MEDICAL CENTERS
JATLAL Curl!
nay
f1
INCORPORATED
WARRANT REGISTER # 39
3/26/2019
DESCRIPTION CHK NO
GASB 68 REPORTS / FINANCE 341374
LEGAL PUBLICATION - CA GOVERNMENT TORT LIAB 341375
NOVEMBER 2018 ELECTION COSTS 341376
GROUP PHOTOS OF MAYOR & COUNCIL MEMBERS 341377
GROUP 05-0908600000 MARCH 2019
GROUP 05-0908601002 - MARCH 2019
GROUP 05-7029600000 MARCH 2019
GROUP 05-7029600002 MARCH 2019
GROUP R1192Q - FEBRUARY 2019
GROUP R1192Q - JANUARY 2019
GROUP 104220-01, 06, 07 - FEBRUARY 2019 (2)
GROUP 104220-01, 06, 07 - MARCH 2019 (4)
GROUP 104220-03, 09 - FEBRUARY 2019 (1)
GROUP 104220-7002 - FEBRUARY 2019
REIMBURSEMENT - COMMITTEE OVERPAYMENT
28TH ST ASPHALT REPAIRS - FINAL INVOICE
MOP 66556. SUPPLIES / CITY ATTORNEY'S OFFICE
2018 CONTINUING DISCLOSURE & CDIAC COMPLIAN
TEMPORARY STAFFING SERVICES / CMO -
TASER CARTRIDGES
GRP VA1826233/VC1801146NG180848 MAR 2019
MOP 63845. LETTERHEAD IMPRINT / MAYOR'S OFFIC
MOP 45704. OFFICE SUPPLIES / CAO
GROUP 415491 - APRIL 2019
MARCH 2019 - VISION SERVICE PLAN (CA)
W/C CLAIMS ADMINISTRATION - APRIL 2019
REIMBURSEMENT:FEE
FOOD - NUTRITION
FOOD - NUTRITION CENTER
LITERACY BOOKS FOR COLLECTION
AT&T SERVICES FEB 12, 2019 - MAR 12, 2019
TRAINING RPT WRT RIEM/BAUTISTA
ANNUAL SUPPORT AND MAINT RENEWAL
LAS PALMAS PARK STORM DRAIN REPAIRS
MOP 64096 SAFETY WEARING APPAREL - PW
WINDSHIELS AND LABOR FOR VEHICLES
TENNIS TABLE / CSD
CENIC BROADBAND JULY - SEPT 2018
MOP 45698 ELECTRIC SUPPLY - PW
TOWN HALL MEETING TRANSLATION 03/12/19
TRAINING REIM CHIA/CHELIUS
PROFESSIONAL SERVICES
MOP 80331 AUTO SUPPLIES - PW
PREVENTATIVE MAINTENANCE ON EQUIPMENT
PRE -EMPLOYMENT PHYSICAL
341378
341379
341380
341381
341382
341383
341384
341385
341386
341387
341388
341389
341390
341391
341392
341393
341394
341395
341396
341397
341398
341399
341400
341401
341402
341403
341404
341405
341406
341407
341408
341409
341410
341411
341412
341413
341414
341415
341416
341417
341418
DATE
3/26/19
3/26/19
3/26/19
3/26/19
3/26/19
3/26/19
3/26/19
3/26/19
3/26/19
3/26/19
3/26/19
3/26/19
3/26/19
3/26/19
3/26/19
3/26/19
3/26/19
3/26/19
3/26/19
3/26/19
3/26/19
3/26/19
3/26/19
3/26/19
3/26/19
3/26/19
3/26/19
3/26/19
3/26/19
3/26/19
3/26/19
3/26/19
3/26/19
3/26/19
3/26/19
3/26/19
3/26/19
3/26/19
3/26/19
3/26/19
3/26/19
3/26/19
3/26/19
3/26/19
3/26/19
AMOUNT
4,500.00
252.19
45,020.00
525.00
16,229.93
708.54
2,724.81
99.00
1,969.92
1,876.11
21,823.44
21,823.44
5,301.81
2,777.19
3,294.54
27,000.00
98.80
4,500.00
1,399.13
6,438.75
7,095.34
353.45
485.50
9,888.97
897.00
7,396.66
102.50
3,232.93
817.02
1,818.51
8,430.27
127.83
899.40
82,341.34
125.00
1,381.23
1,078.62
9,376.31
163.66
200.00
290.57
7,000.00
473.35
3,700.00
80.00
1/3
195 of 348
CALIFORNIA
PAYEE
COX COMMUNICATIONS
CSA SAN DIEGO COUNTY
CULLIGAN OF SAN DIEGO
DALEY & HEFT LLP
DANIELS TIRE SERVICE
DBX INC
DE LAGE LANDEN
DIAZ, ERNESTO
D-MAX ENGINEERING
FACTORY MOTOR PARTS
FEDEX
FERGUSON ENTERPRISES 1350
FIRE ETC
G & A AUTOMOTIVE INC
GEOSYNTEC CONSULTANTS INC
GONZALEZ, HERMELINDA
GONZALEZ, LUIS A
GRAINGER
GRASS ROOTS PRESS
GURROLA, VALERIE
HD SUPPLY CONSTRUCTION AND
HOMESTYLE HAWAIIAN
HOMESTYLE HAWAIIAN
INNOVATIVE CONSTRUCTION
KIMLEY HORN AND
KREPPS, BRIAN
LAFRENIERE, MICHAEL
LASER SAVER INC
LEFORT'S SMALL ENGINE REPAIR
LIEBERT CASSIDY WHITMORE
LOPEZ, TERESA YOLANDA
MACIAS, MARCUS
MATLOCK, JASEN
MUNICIPAL MAINTENANCE EQUIP
NAPA AUTO PARTS
NATIONAL CITY TROPHY
NHA ADVISORS LLC
OFFICE TEAM
ORANGE COUNTY SHERIFF'S T D
O'REILLY AUTO PARTS
PACIFIC STATES PETROLEUM INC
PADRE JANITORIAL SUPPLIES
PARTS AUTHORITY METRO LLC
PRO BUILD COMPANY
PRO -EDGE KNIFE
PRUDENTIAL OVERALL SUPPLY
REGIONAL TRAINING CENTER
_31 JATLxL CITy-
�� CO e e TEv
Rb�
DESCRIPTION
COX DATA SVCS MAR 07, 2019 - APR 06, 2019
FAIR HOUSING SERVICES FEBRUARY 2019
WATER SOFTNER -NUTRITION
LIABILITY CLAIM COST
TIRES / PW
HIGHLAND AVENUE & E. 28TH ST
LEASE 20 SHARP COPIERS FOR MARCH 2019
REIMBURSEMENT: FEE
PARADISE CREEK BIOFILTRATION PROP 84 GRNT
MOP 82766 AUTO SUPPLIES - PW
PACKAGE DELIVERY - HOUSING
MOP 45723 PLUMBING SUPPLIES - PW
REDBACK PULL ON STATION BOOT
OIL, REFRIGERANT, AC CONDENSER
SERVICES AND REIMBURSABLE EXPENSES
REFUND OF CONSTRUCTION & DEMO DEPOSIT
DOT MEDICAL EXAM FOR LICENSE REIMB
MOP 65179 GENERAL SUPPLIES - PW
BOOKS FOR THE LITERACY COLLECTION
PROFESSIONAL SERVICES
GRAPHITE RIDGELINE
VOLUNTEER APPRECIATION DINNER / LIBRARY
VOLUNTEER APPRECIATION DINNER / LIBRARY
LAS PALMAS PARK STORM DRAIN REPAIRS
SAFE ROUTE TO SCHOOL
REIMBURSEMENT: FEE
REIMBURSEMENT: FEE
TONER FOR PRINTER
MOP 80702 AUTO SUPPLIES - PW
SERVICES RENDERED THROUGH 01/31/19
COUNCIL MEETING TRANSLATION 03/19/19
TRAINING REIM CHIA/ MACIAS
REIMBURSEMENT:FEE
MISCELLANEOUS CHARGE FOR EQUIPMENT
MOP 45735 EQUIPMENT SUPPLIES - PW
MOP 66556 OFFICE SUPPLIES - PW
GENERAL PROJECT CONSULTING / FINANCE
TEMPORARY SERVICES OFFICE TEAM
TRAINING TUITION TC INV SIDEMK/ACEVEDO
MOP 75877 AUTO SUPPLIES - PW
PRESTONE COMMAND HD ELC COOLANT
JANITORIAL SUPPLIES - NUTRITION
MOP 75943 AUTO SUPPLIES - PW
MOP 45707 PAINT SUPPLIES - NSD
KNIFE SHARPENING SERVICES - NUTRITION
UNIFORM SERVICE - NUTRITION
TRAINING TUITION ICI ADV CHILD ABS/STANICH
CHK NO DATE AMOUNT
341419 3/26/19 4,399.13
341420 3/26/19 2,130.43
341421 3/26/19 215.50
341422 3/26/19 2,532.97
341423 3/26/19 1,229.21
341424 3/26/19 42,771.63
341425 3/26/19 2,939.63
341426 3/26/19 102.50
341427 3/26/19 10,824.22
341428 3/26/19 56.33
341429 3/26/19 29.44
341430 3/26/19 477.18
341431 3/26/19 124.99
341432 3/26/19 760.79
341433 3/26/19 7,013.01
341434 3/26/19 1,093.50
341435 3/26/19 75.00
341436 3/26/19 3,172.38
341437 3/26/19 111.90
341438 3/26/19 5,040.77
341439 3/26/19 71.75
341440 3/26/19 340.30
341441 3/26/19 85.08
341442 3/26/19 17,564.00
341443 3/26/19 31,446.36
341444 3/26/19 102.50
341445 3/26/19 102.50
341446 3/26/19 727.16
341447 3/26/19 749.83
341448 3/26/19 416.00
341449 3/26/19 400.00
341450 3/26/19 62.51
341451 3/26/19 102.50
341452 3/26/19 883.22
341453 3/26/19 186.08
341454 3/26/19 20.39
341455 3/26/19 3,858.33
341456 3/26/19 955.60
341457 3/26/19 135.00
341458 3/26/19 67.04
341459 3/26/19 474.54
341460 3/26/19 967.88
341461 3/26/19 488.57
341462 3/26/19 70.00
341463 3/26/19 46.00
341464 3/26/19 707.43
341465 3/26/19 425.00
2/3
196 of 348
CALIFORNIA
PAYEE
ROADONE
SAINZ, JOSE LUIS G
SAN DIEGO GAS & ELECTRIC
SAN DIEGO HYDRAULICS
SAN DIEGO MIRAMAR COLLEGE
SAN DIEGO MIRAMAR COLLEGE
SCST INC
SEAPORT MEAT COMPANY
SIEMENS INDUSTRY INC
SIMMONS, TOMMY G
SITEONE LANDSCAPE SUPPLY LLC
SMART SOURCE OF CALIFORNIA LLC
SONSRAY MACHINERY LLC
SOUTHERN CALIF TRUCK STOP
SPARKLETTS
SPOK INC
STAPLES BUSINESS ADVANTAGE
SWEETWATER AUTHORITY
SYSCO SAN DIEGO INC
TAYLOR, JASON
TELLEZ, JOSE
TELLEZ, JOSE
THE LIGHTHOUSE INC
U S BANK
US BANK
VALLEY INDUSTRIAL SPECIALTIES
VISTA PAINT
VORTEX INDUSTRIES INC
WEST COAST ARBORISTS INC
WESTFLEX INDUSTRIAL
WETMORES
WILLIAMS, GEORGE M
WILLY'S ELECTRONIC SUPPLY
YBARRA, ANTONIO
YOUNG, GRAHAM
WIRED PAYMENTS
CITY NATIONAL BANK
_31 JATLxL CITy-
�� CO e e TEv
Rb�
DESCRIPTION
MOP 75948 TOWING SERVICES - PW
REIMBURSEMENT:REGISTRATIONS
GAS & ELECTRIC AS NEED FOR NUTRITION
SEAL KIT, CYLINDER ROD
TRAINING TUITION FTO UPD/ 4 OFFICERS
TRAINING TUITION ROT/ 2 STUDENTS
NC LAS PALMAS PARK STORM DRAIN REPAIR
FOOD- NUTRITION CENTER
CITY HALL SMOKE REPLACEMENT
ICC 2019 EDU CODE - CERTIFICATION RENEWAL
MOP 69277 LANDSCAPE SUPPLIES - PW
MOP 63845 BUS CARD IMPRINTS - HOUSING
WASHER, RING, PIN
MOP 45758 GENERAL AUTO SUPPLIES - PW
WATER SERVICES / MAYOR'S OFFICE
METROCALL PAGING - MARCH 2019
MOP 54704 OFFICE SUPPLIES - HOUSING
FACILITIES DIVISION WATER UTILITIES
FOOD - NUTRITION
TRAINING REIM FTO UPDATE / TAYLOR
TRAINING ADV SUB EXECTV WRKSHP/TELLEZ
TRAINING REIM TRN SYMP/ TELLEZ
MOP 45726 AUTO SUPPLIES - PW
TRAINING CREDIT CARD PD
TRAINING CREDIT CRD FBI/HERNANDEZ
MOP 46453 BUILDING SUPPLIES - PW
MOP 68834 PAINT SUPPLIES - NSD
CITY WIDE ON SITE SERVICE & REPAIRS
CALFIRE GRANT PLANTING
MOP 63850 GENERAL SUPPLIES - PW
MOP 80333 AUTO SUPPLIES - PW
DRIVER OPERATOR 1A - FIREFIGHTER
MOP 45763 ELECTRONIC SUPPLIES - MIS
TRAINING SHERMAN BLOCK SLI
TRAINING REIM TRAINING SYM
LEASE PAYMENT #36 ENERGY PROJECT
CHK NO DATE AMOUNT
341466 3/26/19 270.00
341467 3/26/19 100.00
341468 3/26/19 1,506.05
341469 3/26/19 1,223.31
341470 3/26/19 92.00
341471 3/26/19 46.00
341472 3/26/19 1,139.00
341473 3/26/19 1,037.33
341474 3/26/19 1,325.00
341475 3/26/19 1,585.40
341476 3/26/19 226.82
341477 3/26/19 36.98
341478 3/26/19 272.72
341479 3/26/19 418.25
341480 3/26/19 27.73
341481 3/26/19 656.88
341482 3/26/19 1,299.62
341483 3/26/19 62.27
341484 3/26/19 6,997.29
341485 3/26/19 86.64
341486 3/26/19 546.01
341487 3/26/19 356.89
341488 3/26/19 303.75
341489 3/26/19 3,887.79
341490 3/26/19 325.97
341491 3/26/19 743.70
341492 3/26/19 420.35
341493 3/26/19 500.00
341494 3/26/19 13,125.00
341495 3/26/19 143.12
341496 3/26/19 460.47
341497 3/26/19 217.00
341498 3/26/19 455.87
341499 3/26/19 155.06
341500 3/26/19 90.09
A/P Total 502,814.50
104721 3/21/19 43,101.10
GRAND TOTAL $ 545,915.60
3/3
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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 16TH OF APRIL 2019.
AYES
NAYS
ABSENT
198 of 348
CC/CDC-HA Agenda
4/16/2019 — Page 199
The following page(s) contain the backup material for Agenda Item: Public Hearing and
Introduction of an Ordinance of the City Council of the City of National City amending
the National City Municipal Code by amending Chapter 9.06 (Food vending), Chapter
10.22 (Sales activity and solicitation from or affecting vehicles, traffic, public property
and areas, and commercial parking areas), Chapter 10.52 (Regulations for the use of
municipal parks, playgrounds and golf courses), and adding Chapter 13.30 regarding
vending on City sidewalks and pedestrian pathways. (Applicant: City -Initiated
Amendment) (Case File 2018-26 A) (Planning)
Please scroll down to view the backup material.
199 of 348
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: April 16, 2019
AGENDA ITEM NO.
ITEM TITLE:
Public Hearing and Introduction of an Ordinance of the City Council of the City of National City amending
the National City Municipal Code by amending Chapter 9.06 (Food vending), Chapter 10.22 (Sales activity
and solicitation from or affecting vehicles, traffic, public property and areas, and commercial parking areas),
Chapter 10.52 (Regulations for the use of municipal parks, playgrounds and golf courses), and adding
Chapter 13.30 regarding vending on City sidewalks and pedestrian pathways. (Applicant: City -Initiated
Amendment) (Case File 2018-26 A)
PREPARED BY: (Martin Reeder, AICP %DEPARTMENT: Planning.'(
PHONE: 619-336-4313 APPROVED BY:
EXPLANATION:
New state legislation (SB946) has changed the way cities can control the use of their sidewalks and portions
of their parks by sidewalk vendors. SB946 took effect on January 1, 2019. SB 946 prohibits the regulation of
sidewalk vendors by cities unless the city's regulations are in accordance with that legislation. SB 946 also
decriminalizes violations of a city's ordinances that regulate sidewalk vending, instead limiting violations to
administrative citations, and further limiting the maximum amount of administrative fines that may be imposed
for such violations. As such, a new Chapter of the National City Municipal Code (Chapter 13.30) has been
added to create such regulations. In addition, there are minor revisions to existing chapters (9 and 10) in
order to facilitate the new Municipal Code section.
The attached background report describes the issues and suggested changes in detail.
FINANCIAL STATEMENT:
ACCOUNT NO.
ENVIRONMENTAL REVIEW:
Not a project per California Environmental Quality Act (CEQA)
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Introduce the Ordinance regulating vending on City sidewalks and pedestrian pathways.
BOARD / COMMISSION RECOMMENDATION:
n/a
ATTACHMENTS:
1. Background Report
2. Proposed new Chapter 13.30 (Vending on City Sidewalks and Pedestrian Pathways)
3. Ordinance
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BACKGROUND REPORT
Staff Recommendation
Staff recommends that the City Council introduce an Ordinance regulating vending on
City sidewalks and pedestrian pathways.
Overview
SB 946 requires that any local regulation of sidewalk vendors must be directly related to
objective health, safety, or welfare concerns. Other grounds for regulation can be to
ensure the public's use and enjoyment of natural resources and recreational
opportunities in parks and to prevent an undue concentration of commercial activity that
unreasonably interferes with the scenic natural character of a park. Further, while the
City cannot limit the number of sidewalk vendors utilizing the City's sidewalks and
pedestrian pathways in parks, the City can impose reasonable time, place, and manner
restrictions, but only those that directly relate to objective health, safety, or welfare
concerns.
Analysis
The proposed ordinance adds Chapter 13.30 to the National City Municipal Code to
regulate sidewalk vendors based on objective concerns for the unrestricted use of the
City's public rights -of -way, parks, and facilities by both stationary and roaming sidewalk
vendors. Such threats include the potential of fires with unregulated cooking or heating
of food; blocking or otherwise restricting use of sidewalks by pedestrians; blocking or
impeding the use of driveways, pedestrian access ramps, doorways, and safe parking
of vehicles; interfering with the intended and designated recreational uses of parks and
playgrounds; conflicts with those persons with disabilities and traveling on sidewalks
and pedestrian paths, and recreating in City parks; noise in residential zones at
unreasonable hours. The regulations, established by this chapter, are directly related to
addressing such objective health, safety, and welfare concerns.
The ordinance requires certain changes to Chapters 9 and 10, as well, in order to
prevent any conflict with SB 946. Note that SB 946 does not require the City to allow
sidewalk vendors to operate on rights -of -way other than City sidewalks, or designated
pedestrian paths in parks. The proposed ordinance makes it clear that other than on
sidewalks and pedestrian paths, no vending is allowed. SB 946 also allows the City to
regulate vendors by prohibiting them from areas occupied by a certified farmers'
market, or those subject to a Temporary Use Permit; and to prohibit them in parks
where the City has entered into an exclusive concessionaire agreement. While hours of
operations must be consistent with other business activities in a commercial setting, the
Attachment 1
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City can restrict hours of operation in residential zones in order to protect the welfare of
residents, including excessive noise.
Staff has determined that in commercial settings, the minimum width of sidewalks
should be ten feet (10') in order to allow the least conflict between pedestrians and
vendors. For residential areas, where only roaming sidewalk vendors are permitted, the
minimum width allowed for vending is recommended to be four feet (4'), which is the
typical sidewalk width in those zones. In addition, vending would be prohibited within
500 feet of a school between the hours of 6:00 a.m. and 6:00 p.m. unless the vendor is
selling exclusively healthy food.
It is important to note that this ordinance does not make any changes to where and how
food trucks may operate. These uses are regulated as "food vending vehicles" under
Chapter 9.06. The only change to this section is related specifically to the authority to
arrest (section 9.06.130). A caveat has been added to preclude sidewalk vendors from
this section, which is consistent with the regulations of SB 946.
The proposed ordinance will establish a sidewalk vendor's license, to be implemented
by the Public Works Department. This license is in addition to the requirement that the
vendors obtain and possess a City business license and, for those selling food, the
appropriate permits from the County Department of Environmental Health. Staff is
working to add a sidewalk vendor's license fee to the City's existing fee list as part of
current fee changes.
Summary
Staff is recommending changes to the City's Municipal Code related to sidewalk
vending, including changes to Titles 9 and 10 (Chapter 9.06, 10.22, and 10.10.52) of the
Municipal Code and the addition of Chapter 13.30 related to street vending. Staff
recommends that the City Council introduce the attached Ordinance. If introduced, the
Amendment will be brought back to the City Council for adoption at a subsequent
meeting.
Options
1. Approve the amendments to the Municipal Code, based on the attached findings
and introduce the Ordinance; or
2. Deny the amendments to the Municipal Code and file the report; or,
3. Continue the item to a specific date for additional information and/or analysis.
2
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Chapter 13.30 VENDING ON CITY SIDEWALKS AND PEDESTRIAN PATHWAYS.
Section 13.30.010 Purpose and intent.
The City of National City hereby finds and determines that the unrestricted use of the
city's public rights -of -way, parks, and facilities by both stationary and roaming sidewalk
vendors poses a serious and objective threat to the health, safety, and welfare of
persons utilizing such public facilities for their intended purposes. Such threats include
the potential of fires with unregulated cooking or heating of food; blocking or otherwise
restricting use of sidewalks by pedestrians; blocking or impeding the use of driveways,
pedestrian access ramps, doorways, and safe parking of vehicles; interfering with the
intended and designated recreational uses of parks and playgrounds; conflicts with
those persons with disabilities and traveling on sidewalks and pedestrian paths, and
recreating in city parks; and noise in residential zones at unreasonable hours.
Accordingly, the city finds that those regulations, established by this chapter, are directly
related to addressing such objective health, safety, and welfare concerns.
Section 13.30.020 Definitions.
The following definitions shall be applicable when the following words or phrases are
used hereafter in this chapter whether the words or phrases are capitalized or not.
"Beginning of Curb Return" means the area that includes the intersection of two
sidewalks bounded by the adjoining corner.
"Driveway" means any approved curb cut designed to allow vehicular traffic ingress
from or egress to or from a street or alley.
"Healthy Food" means food which provides vital nutrients with limited fats cholesterol,
sodium and added sugar, as defined in the Food Action Plan.
"Immediate vicinity," for the purposes of this chapter, means the public sidewalk or
pedestrian path area next to, and having access to an area being used by a properly
permitted certified farmers' market, swap meet, parade, or other event having obtained
a temporary special use permit for the occupation of an area in a park, on city property,
or in a city street or alley.
"Pedestrian path" means an improved pathway within a city park designed and
constructed to allow pedestrian traffic to circulate within the park from a public sidewalk
or parking lot, to other locations within the park.
"Public sidewalk" means that portion of public right-of-way improved with an
impervious surface to allow pedestrian traffic, including wheelchairs (whether motorized
or self-propelled), to traverse adjacent to a street or alley. Public sidewalk does not
include any portion of a street or alley, and (except as otherwise provided in this
chapter) does not include improved walkways located on public property used to access
Attachment 2
3
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public buildings, not otherwise located in a dedicated right-of-way. Notwithstanding the
foregoing, a public sidewalk shall include any pedestrian path located in any park
owned or operated by the city.
"Ramp" means any transition from the street to a public sidewalk designed to allow the
safe movement of wheelchairs and pedestrians.
"Roaming sidewalk vendor" means a sidewalk vendor who moves from place to place,
stopping only to complete a transaction.
"Sidewalk vendor" means a person who sells food or merchandise from a pushcart,
stand, display, pedal -driven cart, wagon, showcase, rack or other non -motorized
conveyance, or from one's person, upon a public sidewalk or other pedestrian path. A
sidewalk vendor is either a stationary sidewalk vendor or a roaming sidewalk vendor.
"Sidewalk vendor's license," or "license" shall mean that certain regulatory license
established under subdivision (B) of section 13.30.030. The license shall be in addition
to any other licenses or permits required by the city or San Diego County.
"Stationary sidewalk vendor" means a sidewalk vendor who vends from a fixed
location on a public sidewalk or pedestrian path.
"Temporary use permit" means a temporary use permit as defined by Chapter 15.60.
Any holder of a temporary use permit that is required to provide notice, business
interruption mitigation, or other rights to affected businesses and property owners must
also provide the same notice, business interruption mitigation, or other rights to properly
licensed sidewalk vendors.
Section 13.30.030 Licenses required.
A. It is unlawful for any person to engage in, conduct, carry on, or allow to be
engaged in, conducted, or carried on, any business as a stationary sidewalk
vendor or a roaming sidewalk vendor without having first obtained a business
license pursuant to Chapters 6.04 of this code, a sidewalk vendor's license from
the public works department pursuant to section 13.30.030 (B); and a seller's
permit issued by the California Department of Tax and Fee Administration. If the
sidewalk vendor is selling food, it shall also comply with Chapter 9.04 and obtain
the necessary health -related permit from the County of San Diego Department of
Environmental Health.
B. In order to regulate the activities of sidewalk vendors in the city, a sidewalk
vendor's license is hereby created.
1. A sidewalk vendor's license shall be issued by the public works
department upon application of any person.
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2. The cost of a sidewalk vendor's license shall be set forth by resolution of
the City Council from time to time, and may be included in the city's list of
rates, fees, and charges.
3. The Director of Public Works, or such person designated by the Director of
Public Works, shall issue the license to an applicant upon receipt of such
fees, information, and copies of such documents required in this chapter.
4. The license shall at all times be prominently displayed on the person,
pushcart, stand, display, pedal -driven cart, wagon, showcase, rack or
other non -motorized conveyance.
5. If a license is lost, stolen, or damaged, the sidewalk vendor shall not
conduct business without first obtaining a replacement license from the
Public Works Department to be displayed as described in paragraph (4),
above. The department may charge a fee for the replacement of a lost,
stolen, or damaged license, which fee shall not exceed the costs of the
department in processing the temporary and replacement licenses.
6. Each license shall be valid for a period of twelve (12) months.
C. In issuing a business license to a sidewalk vendor, the Department of Finance
shall accept either a California driver's license or identification number, or an
individual taxpayer number in lieu of a social security number if the Department
of Finance otherwise requires a social security number prior to the issuance of a
business license.
D. This chapter does not relieve any license holder from compliance with any
requirement of any ordinance, rule, regulation, or specification of the city.
Section 13.30.040 Sidewalk vending operating requirements.
All stationary sidewalk vendors or roaming sidewalk vendors shall comply with the
following requirements:
A. Except as otherwise provided in this chapter, stationary sidewalk vendors and
roaming sidewalk vendors may only conduct transactions on public sidewalks in
the public right-of-way, and on pedestrian paths in parks owned or operated by
the city.
B. Stationary sidewalk vendors shall only be located on public sidewalks and
pedestrian paths of not less than ten (10) feet in width measured from the street -
side edge of the sidewalk or from edge to edge of the path.
C. Roaming sidewalk vendors may travel on public sidewalks and pedestrian paths
of not less than four (4) feet in width measured from the street -side edge of the
sidewalk or from edge to edge of the path while moving. Roaming sidewalk
vendors stopping to conduct a transaction must do so only where the sidewalk or
path is ten (10) feet in width or must yield to pedestrian traffic in conflict with the
conduct of their business.
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D. Operations of stationary sidewalk vendors on a public sidewalk shall only occur
during the hours of 8:00 a.m. and 10:00 p.m.
Vending food or merchandise on City sidewalks shall be prohibited:
1. Within 5 feet of a marked crosswalk.
2. Within 5 feet of the beginning of curb return of an unmarked crosswalk.
3. Within 5 feet of any fire hydrant or other emergency facility.
4. Within 5 feet ahead and 45 feet to the rear of a sign designating a bus
stop.
5. Within a marked bus zone.
6. Within 5 feet of a bus bench.
7. Within 10 feet of a transit shelter.
8. Within 5 feet of an area improved with lawn, flowers, shrubs, trees or
street tree well.
9. Within 5 feet of a driveway or driveway apron.
10. Within 4 feet of an outdoor dining or patio dining area.
11. Within 18 inches from the edge of the curb.
12. Where placement impedes the flow of pedestrian traffic by reducing the
clear space to Tess than 6 feet, or impedes access to or the use of abutting
property, including, but not limited to, residences and places of business.
F Notwithstanding any specific prohibitions in this subsection, no vendor shall be
located where operation endangers the safety of persons or property.
G. Operations of stationary sidewalk vendors are prohibited in the OS, OSR, RS-1,
RS-2, RS-3, RS-4, RM-1, RM-2, RM-3 zones, and in the CZ and MHP overlays.
H. Operations of roaming sidewalk vendors may occur in the OS, OSR, RS-1, RS-2,
RS-3, RS-4, RM-1, RM-2, RM-3 zones, and in the CZ and MHP
overlays, but only occur during the hours of 7:00 a.m. and 7:00 p.m.
I. Vending within 500 feet of any K-12 school is prohibited from 6:00 a.m. through
6:00 p.m., unless the vendor is selling exclusively Healthy Food.
Operations of sidewalk vendors in public parks shall only occur on the pedestrian
path, or a public sidewalk, and only during the period that the park is open. In
order to protect the fragile nature of greenspace in parks, sidewalk vendors shall
conduct all activities from a public sidewalk or pedestrian path.
K. In order to limit obstructions caused by a congregation of customers during
periods of operations, and to clearly delineate responsibilities in operation,
sidewalk vendors shall be located not closer than twenty (20) feet from another
sidewalk vendor.
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L. In order to reduce vector, rodent, and other pest infestations, stationary sidewalk
vendors shall be responsible for the cleanliness of the area within ten (10) feet of
their operations. Stationary sidewalk vendors shall provide a means to collect
and properly dispose of all trash and recycling materials, including owning and
making available appropriate trash and recycling receptacles. Roaming sidewalk
vendors shall have trash bags attached to their cart or carried by the vendor
sufficient to provide for the collection of such trash or recycling materials
generated by the type of goods, produce, pre -packaged goods, etc., being sold
from the vendor. All sidewalk vendors shall provide the city with an acceptable
plan for collection and disposal of wastes at the time that an application for those
permits required by this chapter, which plan must be approved by the Director of
Public Works or such person designated by the Director of Public Works. Such
plans must include the means for avoiding the use of city -owned trash and
recycling receptacles.
M. No sidewalk vending is allowed within the immediate vicinity of any permitted
certified farmers' market or permitted swap meet in the city. No sidewalk vending
is allowed within the immediate vicinity of any street or alley, park, plaza, parking
lot, or city -owned property, in any event that is being used by the city or a third
party under a Temporary Use Permit. No sidewalk vending is allowed in any park
where the city has signed an agreement with a concessionaire for the exclusive
right to sell food or merchandise in the park.
N. No sidewalk vendor shall sell any alcohol -related beverage; tobacco or electronic
smoking devices; cannabis products; weapons, including knives, guns, or
explosive devices; pharmaceuticals; items described in the definition of adult
entertainment activities in Section 18.30.030 of Chapter 18.30 of this code; or
such other products identified in a list adopted by resolution or ordinance of the
City Council as prohibited for sidewalk vending based on public health, safety, or
welfare concerns.
In order to maintain public safety and visibility in front of buildings which front
directly on a public street, stationary sidewalk vendors shall not occupy the area
directly in front of a transparent window or within three feet of an entry or exit.
Section 13.30.050 Enforcement.
The provisions of this chapter shall be enforced by the Fire Marshal, any police officer,
any code compliance officer, and any other City official authorized to enforce any
provision of the Municipal Code.
Section 13.30.060 Violation; penalties.
A. Notwithstanding any provisions in Chapter 1.20 of this code, no person shall be
subject to any criminal prosecution as a result of a violation of this chapter.
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B. Except as provided in subsections (C) and (D), in this section, any person
violating any provision of this chapter may be issued an administrative citation for
each and every violation, in the manner as prescribed in sections 1.44.010
through 1.44.040 of Chapter 1.44 of the National City Municipal Code.
C. Notwithstanding any provisions in section 1.44.050 of Chapter 1.44, no
administrative fine shall exceed five hundred (500) dollars for any violation of
section 13.30.040.
D. Notwithstanding any provisions in section 1.44.050 of Chapter 1.44, for any
violation of section 13.30.030, the amount of administrative fine, which may be
imposed for each separate violation of the same provision of the code, shall be
established by resolution of the City Council within the following limits:
1. For a first violation, a fine not to exceed two hundred fifty (100) dollars per
day, per violation;
2. For a second violation of the same code section within a twelve-month
period, a fine not to exceed five hundred (200) dollars per day, per
violation; and
3. For any additional violation of the same code section within a twelve-
month period, a fine not to exceed one thousand (500) dollars per day, per
violation.
E. Sections 1.44.060 through 1.44.120 shall apply to any administrative citation
issued to enforce this chapter.
Section 13.30.070 Public Nuisance and Abatement.
The placement of any vending cart on any sidewalk in violation of the provisions of this
chapter is declared to be a public nuisance. The Director of Public Works, Director of
Neighborhood Services, and/or any Police or Code Enforcement Officer may cause the
removal of any vending cart found on a sidewalk in violation of this chapter and is
authorized to store such vending cart until the owner thereof shall redeem it by paying
the removal and storage charges established by resolution of the City Council.
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ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING
CHAPTER 9.06 (FOOD VENDING), CHAPTER 10.22 (SALES ACTIVITY
AND SOLICITATION FROM OR AFFECTING VEHICLES,
TRAFFIC, PUBLIC PROPERTY AND AREAS, AND COMMERCIAL
PARKING AREAS), CHAPTER 10.52 (REGULATIONS FOR THE USE
OF MUNICIPAL PARKS, PLAYGROUNDS AND GOLF COURSES), AND
ADDING CHAPTER 13.30 REGARDING VENDING
ON CITY SIDEWALKS AND PEDESTRIAN PATHWAYS.
WHEREAS, the City of National City (the "City"), pursuant to the police
powers delegated to it by the California Constitution, has the authority to enact or
amend laws which promote the public health, safety, and general welfare of its
residents; and
WHEREAS, new legislation under SB946 changed the way cities can
control the use of their sidewalks and portions of their parks by sidewalk vendors
beginning January 1, 2019; and
WHEREAS, SB946 requires that any local regulation of sidewalk vendors
be directly related to objective health, safety, or welfare concerns; and
WHEREAS, the proposed amendments and addition of National City
Municipal Code (NCMC) Chapter 13.30 are directly related to addressing objective
health, safety, and welfare concerns including the potential of fires with unregulated
cooking or heating of food; blocking or otherwise restricting use of sidewalks by
pedestrians; blocking or impeding the use of driveways, pedestrian access ramps,
doorways, and safe parking of vehicles; conflicts with those persons with disabilities and
traveling on sidewalks and pedestrian paths and recreating in city parks; and noise in
residential zones at unreasonable hours; and
WHEREAS, pursuant to the terms and provisions of the California
Government Code, proceedings were duly initiated for the amendment of the NCMC.
NOW, THEREFORE, the City Council does ordain as follows:
Section 1. All protests, if any, against said amendment to the Municipal Code
and each of them be and hereby are denied and overruled.
Section 2. If any portion of this Ordinance is found to be invalid, it is the
intention of the City Council that the remaining valid provisions of the Ordinance be
severed from the invalid provisions and remain in full force and effect.
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Section 3. That Subsection 9.06.130 of the National City Municipal Code is
amended to read as follows:
9.06.130 - Authority to arrest.*
* This section shall not apply to activities permitted under
Chapter 13.30 (Vending on City sidewalks and pedestrian pathways).
The health officer and any officer or employee designated by
him is hereby authorized to arrest a person without a warrant whenever
he has reasonable cause to believe that the person to be arrested has
committed a misdemeanor in his presence which is in violation of any
statute, Ordinance or regulation relating to the operation of mobile food
preparation units which the health officer or such officer or employee
has the duty to enforce, including but not limited to provisions of the
State of California Health and Safety Code, provisions of the California
Administrative Code, and all city Ordinances relating to mobile food
preparation units. In any case in which a person is arrested pursuant
hereto and the person arrested does not demand to be taken before a
magistrate, the public officer or employee making the arrest shall
prepare a written notice to appear and release the person on his
promise to appear, as prescribed by Chapter 5C (commencing with
Section 853.6) of the Penal Code. The provisions of said Chapter 5C
shall thereafter apply with reference to any proceeding based upon the
issuance of the written notice to appear. Authority to arrest is granted in
accordance with Penal Code Section 836.5.
Section 4. That Subsection 10.22.040 (A) of the National City Municipal Code
is amended to read as follows:
A. Except upon the issuance of a permit issued pursuant
to Chapter 13.30, Chapter 15.60, or as provided in Section 10.22.040(B), it is
unlawful to sell or display any merchandise upon or within a public sidewalk or
right-of-way, any public park or any other public property.
Section 5. That subsection 10.22.050 of the National City Municipal Code, is
hereby repealed.
Section 6. That subsection 10.22.060 (E) of the National City Municipal
Code, is amended to read as follows:
E. Sales or display of merchandise upon public sidewalks is
prohibited unless permitted pursuant to Chapter 13.30.
Section 7. That subsection (X), of section 10.52.010 of the National City
Municipal Code, is hereby repealed.
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Section 8. Subsection (X) is hereby added to section 10.52.010 of the National
City Municipal Code to read as follows:
X. Vend, offer for sale, or dispose of goods, wares or
merchandise, or conduct any business unless authorized to do so by Chapter
13.30, or by the City Council or their designee, except that nothing in this
provision shall prohibit religious or political solicitations subject to subsection (II)
of section 10.52.010.
Section 9. Subsection (II) is hereby added to section 10.52.010 of the National
City Municipal Code to read as follows:
II. No person shall throw or deposit any commercial or
noncommercial handbill circulars, pamphlets, tracts, or advertisements in or upon
any sidewalk, street or other public place within the city. Nothing herein shall
prevent any person from handing out, distributing, or selling any commercial
handbill on any public sidewalk or pedestrian pathway in conformance with
Chapter 13.30 of this code provided, however, that no person shall hand out,
distribute, or sell any commercial handbill in any other public place not allowed
by Chapter 13.30. Further, it is not unlawful on any sidewalk, street, pedestrian
pathway, or other public place within the city for any person to hand out or
distribute, without charge to the receiver thereof, any noncommercial handbill to
any person willing to accept it. No person shall post or affix to any pole, tree, car,
fence or structure situated therein any kind of handbill, circular, pamphlet, tract,
or advertisement.
Section 10. Subsection (JJ) is hereby added to section 10.52.010 of the
National City Municipal Code to read as follows:
JJ. Except as otherwise provided in subdivision (1) of this
subsection, operate any food establishment (as defined in Section 113780 of the
California Health and Safety Code), mobile food facility (as defined in Section
113900 of the California Health and Safety Code), vending machine (as defined
in Section 113903 of the California Health and Safety Code), produce stand (as
defined in Section 113855 of the California Health and Safety Code), swap meet
prepackaged food stand (as defined in Section 113905 of the California Health
and Safety Code), temporary food facility (as defined in Section 113895 of the
California Health and Safety Code), satellite food distribution facility (as defined
in Section 113880 of the California Health and Safety Code), stationary mobile
food preparation unit (as defined in Section 113890 of the California Health and
Safety Code), mobile food preparation unit (as defined in Section 113815 of the
California Health and Safety Code) or open air barbecue facility (as defined in
Section 113830 of the California Health and Safety Code).
1. This subsection is not intended to prohibit activities
wherein no permanent facilities are used for storing or handling
food, nor families, groups, or other organizations which give or sell
Ordinance No. 2019- Amending NCMC
April 16, 2019 Titles 9, 10, and 13
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food to its members and guests at occasional events. For the
purposes of this subsection the term "occasional event" means an
event that occurs not more than two days in any ninety -day period.
2. This prohibition does not apply to: (a) special events
in accordance with Chapter 15.60; (b) a City Council sponsored
community event; (c) sidewalk vendors in accordance with Chapter
13.30; (d) those who have obtained the necessary permit to hold
an event in a city park, at a city recreation center, or community
center.
3. The exception found in subdivision (1) of this
subsection shall not be construed to allow a person to use park
property as a mobile or stationary kitchen, "eating establishment",
restaurant or similar purpose to provide food to the general public,
including but not limited to a food bank as defined in Section
114445 of the California Health and Safety Code.
Section 11. Chapter 13.30 is hereby added to Title 13 of the National City
Municipal Code as follows:
Chapter 13.30 VENDING ON CITY SIDEWALKS AND PEDESTRIAN
PATHWAYS.
Section 13.30.010 Purpose and intent.
The City of National City hereby finds and determines that the unrestricted use of
the city's public rights -of -way, parks, and facilities by both stationary and roaming
sidewalk vendors poses a serious and objective threat to the health, safety, and welfare
of persons utilizing such public facilities for their intended purposes. Such threats
include the potential of fires with unregulated cooking or heating of food; blocking or
otherwise restricting use of sidewalks by pedestrians; blocking or impeding the use of
driveways, pedestrian access ramps, doorways, and safe parking of vehicles; interfering
with the intended and designated recreational uses of parks and playgrounds; conflicts
with those persons with disabilities and traveling on sidewalks and pedestrian paths,
and recreating in city parks; and noise in residential zones at unreasonable hours.
Accordingly, the city finds that those regulations, established by this chapter, are directly
related to addressing such objective health, safety, and welfare concerns.
Section 13.30.020 Definitions.
The following definitions shall be applicable when the following words or phrases
are used hereafter in this chapter whether the words or phrases are capitalized or not.
"Beginning of Curb Return" means the area that includes the intersection of
two sidewalks bounded by the adjoining corner.
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"Driveway" means any approved curb cut designed to allow vehicular traffic
ingress from or egress to or from a street or alley.
"Healthy Food" means food which provides vital nutrients with limited fats
cholesterol, sodium and added sugar, as defined in the Food Action Plan.
"Immediate vicinity," for the purposes of this chapter, means the public sidewalk
or pedestrian path area next to, and having access to an area being used by a properly
permitted certified farmers' market, swap meet, parade, or other event having obtained
a temporary special use permit for the occupation of an area in a park, on city property,
or in a city street or alley.
"Pedestrian path" means an improved pathway within a city park designed and
constructed to allow pedestrian traffic to circulate within the park from a public sidewalk
or parking lot, to other locations within the park.
"Public sidewalk" means that portion of public right-of-way improved with an
impervious surface to allow pedestrian traffic, including wheelchairs (whether motorized
or self-propelled), to traverse adjacent to a street or alley. Public sidewalk does not
include any portion of a street or alley, and (except as otherwise provided in this
chapter) does not include improved walkways located on public property used to access
public buildings, not otherwise located in a dedicated right-of-way. Notwithstanding the
foregoing, a public sidewalk shall include any pedestrian path located in any park
owned or operated by the city.
"Ramp" means any transition from the street to a public sidewalk designed to
allow the safe movement of wheelchairs and pedestrians.
"Roaming sidewalk vendor" means a sidewalk vendor who moves from place to
place, stopping only to complete a transaction.
"Sidewalk vendor" means a person who sells food or merchandise from a
pushcart, stand, display, pedal -driven cart, wagon, showcase, rack or other non -
motorized conveyance, or from one's person, upon a public sidewalk or other
pedestrian path. A sidewalk vendor is either a stationary sidewalk vendor or a roaming
sidewalk vendor.
"Sidewalk vendor's license," or "license" shall mean that certain regulatory
license established under subdivision (B) of section 13.30.030. The license shall be in
addition to any other licenses or permits required by the city or San Diego County.
"Stationary sidewalk vendor" means a sidewalk vendor who vends from a fixed
location on a public sidewalk or pedestrian path.
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"Temporary use permit" means a temporary use permit as defined by Chapter
15.60. Any holder of a temporary use permit that is required to provide notice, business
interruption mitigation, or other rights to affected businesses and property owners must
also provide the same notice, business interruption mitigation, or other rights to properly
licensed sidewalk vendors.
Section 13.30.030 Licenses required.
A. It is unlawful for any person to engage in, conduct, carry on, or allow to be
engaged in, conducted, or carried on, any business as a stationary
sidewalk vendor or a roaming sidewalk vendor without having first
obtained a business license pursuant to Chapters 6.04 of this code, a
sidewalk vendor's license from the public works department pursuant to
section 13.30.030 (B); and a seller's permit issued by the California
Department of Tax and Fee Administration. If the sidewalk vendor is
selling food, it shall also comply with Chapter 9.04 and obtain the
necessary health -related permit from the County of San Diego Department
of Environmental Health.
B. In order to regulate the activities of sidewalk vendors in the city, a
sidewalk vendor's license is hereby created.
1. A sidewalk vendor's license shall be issued by the public works
department upon application of any person.
2. The cost of a sidewalk vendor's license shall be set forth by
resolution of the City Council from time to time, and may be
included in the city's list of rates, fees, and charges.
3. The Director of Public Works, or such person designated by the
Director of Public Works, shall issue the license to an applicant
upon receipt of such fees, information, and copies of such
documents required in this chapter.
4. The license shall at all times be prominently displayed on the
person, pushcart, stand, display, pedal -driven cart, wagon,
showcase, rack or other non -motorized conveyance.
5. If a license is lost, stolen, or damaged, the sidewalk vendor shall
not conduct business without first obtaining a replacement
license from the Public Works Department to be displayed as
described in paragraph (4), above. The department may charge
a fee for the replacement of a lost, stolen, or damaged license,
which fee shall not exceed the costs of the department in
processing the temporary and replacement licenses.
6. Each license shall be valid for a period of twelve (12) months.
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C. In issuing a business license to a sidewalk vendor, the Department of
Finance shall accept either a California driver's license or identification
number, or an individual taxpayer number in lieu of a social security
number if the Department of Finance otherwise requires a social security
number prior to the issuance of a business license.
D. This chapter does not relieve any license holder from compliance with any
requirement of any Ordinance, rule, regulation, or specification of the city.
Section 13.30.040 Sidewalk vending operating requirements.
All stationary sidewalk vendors or roaming sidewalk vendors shall comply with
the following requirements:
A. Except as otherwise provided in this chapter, stationary sidewalk vendors
and roaming sidewalk vendors may only conduct transactions on public
sidewalks in the public right-of-way, and on pedestrian paths in parks
owned or operated by the city.
B. Stationary sidewalk vendors shall only be located on public sidewalks and
pedestrian paths of not less than ten (10) feet in width measured from the
street -side edge of the sidewalk or from edge to edge of the path.
C. Roaming sidewalk vendors may travel on public sidewalks and pedestrian
paths of not less than four (4) feet in width measured from the street -side
edge of the sidewalk or from edge to edge of the path while moving.
Roaming sidewalk vendors stopping to conduct a transaction must do so
only where the sidewalk or path is ten (10) feet in width or must yield to
pedestrian traffic in conflict with the conduct of their business.
D. Operations of stationary sidewalk vendors on a public sidewalk shall only
occur during the hours of 8:00 a.m. and 10:00 p.m.
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April 16, 2019 Titles 9, 10, and 13
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Vending food or merchandise on City sidewalks shall be prohibited:
1. Within 5 feet of a marked crosswalk.
2. Within 5 feet of the beginning of curb return of an unmarked
crosswalk.
3. Within 5 feet of any fire hydrant or other emergency facility.
4. Within 5 feet ahead and 45 feet to the rear of a sign designating
a bus stop.
5. Within a marked bus zone.
6. Within 5 feet of a bus bench.
7. Within 10 feet of a transit shelter.
8. Within 5 feet of an area improved with lawn, flowers, shrubs,
trees or street tree well.
9. Within 5 feet of a driveway or driveway apron.
10. Within 4 feet of an outdoor dining or patio dining area.
11. Within 18 inches from the edge of the curb.
12.Where placement impedes the flow of pedestrian traffic by
reducing the clear space to less than 6 feet, or impedes access
to or the use of abutting property, including, but not limited to,
residences and places of business.
F. Notwithstanding any specific prohibitions in this subsection, no vendor
shall be located where operation endangers the safety of persons or
property.
G. Operations of stationary sidewalk vendors are prohibited in the OS, OSR,
RS-1, RS-2, RS-3, RS-4, RM-1, RM-2, RM-3 zones, and in the CZ and
MHP overlays.
H. Operations of roaming sidewalk vendors may occur in the OS, OSR, RS-
1, RS-2, RS-3, RS-4, RM-1, RM-2, RM-3 zones, and in the CZ and MHP
overlays, but only occur during the hours of 7:00 a.m. and 7:00 p.m.
Vending within 500 feet of any K-12 school is prohibited from 6:00 a.m.
through 6:00 p.m., unless the vendor is selling exclusively Healthy Food.
J Operations of sidewalk vendors in public parks shall only occur on the
pedestrian path, or a public sidewalk, and only during the period that the
park is open. In order to protect the fragile nature of greenspace in parks,
sidewalk vendors shall conduct all activities from a public sidewalk or
pedestrian path.
K. In order to limit obstructions caused by a congregation of customers
during periods of operations, and to clearly delineate responsibilities in
operation, sidewalk vendors shall be located not closer than twenty (20)
feet from another sidewalk vendor.
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April 16, 2019 Titles 9, 10, and 13
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L. In order to reduce vector, rodent, and other pest infestations, stationary
sidewalk vendors shall be responsible for the cleanliness of the area
within ten (10) feet of their operations. Stationary sidewalk vendors shall
provide a means to collect and properly dispose of all trash and recycling
materials, including owning and making available appropriate trash and
recycling receptacles. Roaming sidewalk vendors shall have trash bags
attached to their cart or carried by the vendor sufficient to provide for the
collection of such trash or recycling materials generated by the type of
goods, produce, pre -packaged goods, etc., being sold from the vendor.
All sidewalk vendors shall provide the city with an acceptable plan for
collection and disposal of wastes at the time that an application for those
permits required by this chapter, which plan must be approved by the
Director of Public Works or such person designated by the Director of
Public Works. Such plans must include the means for avoiding the use of
city -owned trash and recycling receptacles.
M. No sidewalk vending is allowed within the immediate vicinity of any
permitted certified farmers' market or permitted swap meet in the city. No
sidewalk vending is allowed within the immediate vicinity of any street or
alley, park, plaza, parking lot, or city -owned property, in any event that is
being used by the city or a third party under a Temporary Use Permit. No
sidewalk vending is allowed in any park where the city has signed an
agreement with a concessionaire for the exclusive right to sell food or
merchandise in the park.
N. No sidewalk vendor shall sell any alcohol -related beverage; tobacco or
electronic smoking devices; cannabis products; weapons, including
knives, guns, or explosive devices; pharmaceuticals; items described in
the definition of adult entertainment activities in Section 18.30.030 of
Chapter 18.30 of this code; or such other products identified in a list
adopted by resolution or Ordinance of the City Council as prohibited for
sidewalk vending based on public health, safety, or welfare concerns.
O. In order to maintain public safety and visibility in front of buildings which
front directly on a public street, stationary sidewalk vendors shall not
occupy the area directly in front of a transparent window or within three
feet of an entry or exit.
Section 13.30.050 Enforcement.
The provisions of this chapter shall be enforced by the Fire Marshal, any police
officer, any code compliance officer, and any other City official authorized to enforce
any provision of the Municipal Code.
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Section 13.30.060 Violation; penalties.
A. Notwithstanding any provisions in Chapter 1.20 of this code, no person
shall be subject to any criminal prosecution as a result of a violation of this
chapter.
B. Except as provided in subsections (C) and (D), in this section, any person
violating any provision of this chapter may be issued an administrative
citation for each and every violation, in the manner as prescribed in
sections 1.44.010 through 1.44.040 of Chapter 1.44 of the National City
Municipal Code.
C. Notwithstanding any provisions in section 1.44.050 of Chapter 1.44, no
administrative fine shall exceed five hundred (500) dollars for any violation
of section 13.30.040.
D. Notwithstanding any provisions in section 1.44.050 of Chapter 1.44, for
any violation of section 13.30.030, the amount of administrative fine, which
may be imposed for each separate violation of the same provision of the
code, shall be established by resolution of the City Council within the
following limits:
1. For a first violation, a fine not to exceed two hundred fifty (100)
dollars per day, per violation;
2. For a second violation of the same code section within a twelve-
month period, a fine not to exceed five hundred (200) dollars per
day, per violation; and
3. For any additional violation of the same code section within a
twelve-month period, a fine not to exceed one thousand (500)
dollars per day, per violation.
E. Sections 1.44.060 through 1.44.120 shall apply to any administrative
citation issued to enforce this chapter.
Section 13.30.070 Public Nuisance and Abatement.
The placement of any vending cart on any sidewalk in violation of the provisions
of this chapter is declared to be a public nuisance. The Director of Public Works,
Director of Neighborhood Services, and/or any Police or Code Enforcement Officer may
cause the removal of any vending cart found on a sidewalk in violation of this chapter
and is authorized to store such vending cart until the owner thereof shall redeem it by
paying the removal and storage charges established by resolution of the City Council.
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Section 12. That based upon said findings of fact set forth in section 2 of this
Ordinance, the City Council of the City of National City hereby approves the
amendments of Chapters 9.06 and 10.52, and to Title 13 of the National City Municipal
Code to add Chapter 13.30 as set out herein.
Section 13. This Ordinance shall become effective thirty (30) days following its
passage and adoption.
PASSED and ADOPTED this 7th day of May, 2019.
Alejandra Sotelo-Solis, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney
Ordinance No. 2019- Amending NCMC
April 16, 2019 Titles 9, 10, and 13
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CC/CDC-HA Agenda
4/16/2019 — Page 220
The following page(s) contain the backup material for Agenda Item: Public Hearing and
Introduction of a Resolution of the City Council of the City of National City of Proposed
Policy on small cells equipment which delegates Authority to the City Manager to
Negotiate a License Agreement with the Concurrence of the City Attorney. (City
Attorney) **Companion Item #19**
Please scroll down to view the backup material.
220 of 348
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: April 16, 2019
AGENDA ITEM NO.
ITEM TITLE: Public Hearing and Introduction of a Resolution of the City Council of the City of
National City of Proposed Policy on small cells equipment which delegates Authority to the City Manager
to Negotiate a License Agreement with the Concurrence of the City Attorney.
PREPARED BY: Roberto M. Contreras DEPARTMENT: City Attorney
i
PHONE: Ext. 4412
EXPLANATION:
Please see attached staff report.
APPROVED BY:
FINANCIAL STATEMENT:
ACCOUNT NO.
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1) Staff Report
2) City Council Policy on Small Wireless Facilities and other Infrastructure Deployment within the Public
Right -of Way.
3) Resolution
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0- CALIFORNIA
NATIO NAL CiTy
Avvi
C� INCORPORATED
OFFICE OF THE CITY ATTORNEY
Staff Report
DATE: April 16, 2019
TO: Mayor and City Councilmembers
From: Roberto M. Contreras, Deputy City Attorney
Subject: Public Hearing and Introduction of a Resolution of the City Council of the City of
National City of Proposed Policy on small cells equipment which delegates
Authority to the City Manager to Negotiate a License Agreement with the
Concurrence of the City Attorney.
Staff Recommendation
Staff recommends that the City Council hold a Public Hearing on the Introduction of a Resolution
that adopts a National City Policy regulating small wireless facilities and other infrastructure
deployments in the public rights -of -way and authorizes the City Manager, with the concurrence
of the City Attorney, to negotiate pole license agreements in accordance with the proposed
Policy.
History
The Federal Communications Commission (FCC) adopted new preemptive regulations
applicable to all small wireless facilities whether located on a City -owned pole or not. As a result,
staff prepared proposed regulations that would be applicable to all small wireless facilities in the
public rights -of -way. The FCC's new regulations will become fully effective on April 15, 2019. A
town hall meeting on small facilities was held on March 12, 2019 where the proposed Policy
regulations were considered by community and industry stakeholders. At the March 25, 2019,
Planning Commission Meeting staff provided a presentation which included the proposed Policy
as part of the Ordinance Amendment before them for consideration.
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April 16, 2019
Page 2
Overview
California Public Utilities Code § 7901 grants certain telephone corporations a so called
"statewide franchise" to deploy facilities along public roads or highways to the extent the
deployment would not incommode the public use of the right-of-way. On April 4, 2019, the
California Supreme Court reaffirmed that § 7901 preserves local discretion to regulate the
aesthetics of these deployments.
Several wireless providers have recently expressed interest in locating "small wireless
facilities" on City -owned poles. These poles, along with other utility poles, can serve as an
antenna support structure to provide advanced wireless services. However, given that § 7901
grants providers the right to occupy the right-of-way for their facilities, foreclosing the
opportunity to license City -owned poles would increase the likelihood that wireless providers
would be entitled to install new standalone poles to provide services. In order to preserve the
City's aesthetics and mitigate the impact of new vertical obstructions in the rights -of -way, staff
recommends that the City Council authorize the City Manager to negotiate pole license
agreements on City -owned poles with the concurrence of the City Attorney. Staff intends to
bring the proposed standardized pole license agreement before the City Council on May 7,
2019.
Over the past several years, changes in federal and state law have significantly affected the
City's authority to regulate such wireless facilities. These changes include stricter timeframes
and limitations on application reviews, new regulatory classifications for collocations and
modifications to existing facilities, and even automatic approvals under certain circumstances.
Rulemaking proceedings at the Federal Communications Commission (FCC) on September
27, 2018 largely reduced cities' authority to regulate small wireless facilities (or "small cells").
For example, the September 27th Order established presumptively reasonable annual license
fees cities could charge at $270 per installation, per year, reduced discretion regarding
aesthetic and design requirements, and created new, shorter deadlines for approving
applications to deploy small cells in the right of way.
These new FCC regulations are applicable to all small wireless facilities whether such facilities
are located on a City -owned pole or not. As a result, staff recommends that the City adopt new
regulations for all small wireless facilities in the public rights -of -way in addition to the
recommended authorization to enter license agreements for attachments to City -owned poles.
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April 16, 2019
Page 3
Staff supports a more streamlined process for small wireless facilities that is established by the
adoption of a Policy that set the standards for regulating small wireless facilities and other
infrastructure deployments in National City public rights -of -way and authorizes the City Manager,
with the concurrence of the City Attorney, to negotiate pole license agreements in accordance
with the proposed Policy.
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EXHIBIT "A"
CITY OF NATIONAL CITY
POLICY NO.
adopted:
[insert effective date]
City Council Policy on Small Wireless Facilities and
Other Infrastructure Deployments within the Public
Rights -of -Way
SECTION 1. BACKGROUND AND INTRODUCTION 2
SECTION 2. PURPOSE AND INTENT 3
SECTION 3. DEFINITIONS 4
SECTION 4. APPLICABILITY 6
SECTION 5. REQUIRED PERMITS AND APPROVALS 7
SECTION 6. APPLICATION AND REVIEW PROCEDURES 8
SECTION 7. PUBLIC NOTICES 13
SECTION 8. DECISIONS 13
SECTION 9. CONDITIONS OF APPROVAL 15
SECTION 10. LOCATION STANDARDS 22
SECTION 11. DESIGN STANDARDS 24
SECTION 12. PREAPPROVED DESIGNS 28
ROW INFRASTRUCTURE POLICY page 1 / 29
{00040302;4}
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SECTION 1. BACKGROUND AND INTRODUCTION
In 1996, Congress adopted the Telecommunications Act to balance the national
interest in advanced communications services and infrastructure with legitimate local
government authority to enforce zoning and other regulations to manage infrastructure
deployments on private property and in the public rights -of -way. Under section 704,
which applies to personal wireless service facilities (i.e., cell sites), local governments
retain all their traditional zoning authority subject to specifically enumerated limitations.1
Section 253 preempts local regulations that prohibit or effectively prohibit
telecommunication services (Le., common carrier services) except competitively neutral
and nondiscriminatory regulations to manage the public rights -of -way and require fair
and reasonable compensation.
Communication technologies have significantly changed since 1996. Whereas
cell sites were traditionally deployed on tall towers and rooftops over low frequency
bands that travel long distances, cell sites are increasingly installed on streetlights and
utility infrastructure on new frequency bands that travel shorter distances. According to
the Federal Communications Commission ("FCC") and the wireless industry, these so-
called "small wireless facilities" or "small cells" are essential to the next technological
evolution. The industry currently estimates that each national carrier will need to deploy
between 30 and 60 small cells, connected by approximately 8 miles of fiber optic cable,
per square mile.
On September 27, 2018, the FCC adopted a Declaratory Ruling and Third Report
and Order, FCC 18-133 (the "Small Cell Order"), in connection with two informal
rulemaking proceedings entitled Accelerating Wireless Broadband Deployment by
Removing Barriers to Infrastructure Investment, WT Docket No. 17-79, and Accelerating
Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment, WC
Docket No. 17-84. In general, the Small Cell Order: (1) restricts the fees and other
compensation state and local governments may receive from applicants; (2) requires all
aesthetic regulations to be reasonable, no more burdensome than those applied to
other infrastructure deployments, objective and published in advance; (3) mandates that
local officials negotiate access agreements, review permit applications and conduct any
appeals within significantly shorter timeframes; and (4) creates new evidentiary
presumptions that make it more difficult for local governments to defend themselves if
an action or failure to act is challenged in court. The regulations adopted in the Small
Cell Order significantly curtail the local authority over wireless and wireline
communication facilities reserved to State and local governments under sections 253
and 704 in the Telecommunications Act.
1 Local zoning regulations cannot prohibit or effectively prohibit personal wireless services, unreasonably
discriminate among functionally equivalent services or regulate based on environmental impacts from
radiofrequency ("RF") emissions. In addition, local decisions must be made within a reasonable time and
any denial requires a written decision based on substantial evidence in the written record.
ROW INFRASTRUCTURE POLICY page 2 / 29
{00040302;4}
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SECTION 2. PURPOSE AND INTENT
(a) The City of National City intends this policy to establish reasonable, uniform and
comprehensive standards and procedures for small wireless facilities
deployment, construction, installation, collocation, modification, operation,
relocation and removal within the City's territorial boundaries, consistent with and
to the extent permitted under federal and California state law. The standards and
procedures contained in this policy are intended to, and should be applied to,
protect and promote public health, safety and welfare, and balance the benefits
that flow from robust, advanced wireless services with the City's local values,
which include without limitation the aesthetic character of the City, its
neighborhoods and community. This policy is also intended to reflect and
promote the community interest by (1) ensuring that the balance between public
and private interests is maintained; (2) protecting the City's visual character from
potential adverse impacts and/or visual blight created or exacerbated by small
wireless facilities and related communications infrastructure; (3) protecting and
preserving the City's environmental resources; (4) protecting and preserving the
City's public rights -of -way and municipal infrastructure located within the City's
public rights -of -way; and (5) promoting access to high -quality, advanced wireless
services for the City's residents, businesses and visitors.
(b) This policy is intended to establish clear procedures for application intake and
completeness review. The City Council finds that chronically incomplete
applications significantly contribute to unreasonable delay and create barriers to
infrastructure deployment. Chronically incomplete applications unfairly prejudice
other applicants who may be prepared to submit complete applications for
infrastructure in the same or substantially the same location. Chronically
incomplete applications also unfairly prejudice the City's ability to act on such
applications within the "presumptively reasonable" timeframes established by the
FCC. The provisions in this policy afford applicants and City staff opportunities
for direct, real-time communication about completeness issues to mitigate
incomplete applications prior to submittal. The provisions in this policy also
encourage applicants to timely respond to incomplete notices.
(c) This policy is intended to establish regulations, standards and guidelines for all
infrastructure deployments unless specifically prohibited by applicable law. The
City Council recognizes that different infrastructure deployments may be
managed through other mechanisms, such as franchise or license agreements.
Although such deployments may be exempt from the "ROW use permit"
established in this policy, the City Council intends that the City official or
department that administers such deployment shall apply the same regulations,
standards and guidelines to the permit or other approval issued in connection
with a request for authorization under such franchise, license or other agreement.
The City Council also recognizes that different infrastructure deployments may
have different impacts on the public rights -of -way that require different
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regulations, standards or guidelines to protect public health, safety and welfare.
However, to the extent that different regulations, standards or guidelines are
applied to small wireless facilities or other infrastructure deployments, the City
Council intends that one set be no more burdensome that the other when viewed
under the totality of the circumstances.
(d) This policy is not intended to, nor shall it be interpreted or applied to: (1) prohibit
or effectively prohibit any personal wireless service provider's ability to provide
personal wireless services; (2) prohibit or effectively prohibit any entity's ability to
provide any telecommunications service, subject to any competitively neutral and
nondiscriminatory rules, regulations or other legal requirements for rights -of -way
management; (3) unreasonably discriminate among providers of functionally
equivalent personal wireless services; (4) deny any request for authorization to
place, construct or modify personal wireless service facilities on the basis of
environmental effects of radio frequency emissions to the extent that such
wireless facilities comply with the FCC's regulations concerning such emissions;
(5) prohibit any collocation or modification that the City may not deny under
federal or California state law; (6) impose any unreasonable, discriminatory or
anticompetitive fees that exceed the reasonable cost to provide the services for
which the fee is charged; or (7) otherwise authorize the City to preempt any
applicable federal or California law.
SECTION 3. DEFINITIONS
The definitions in this section 3 be applicable to the terms, phrases and words this
policy. Undefined terms, phrases or words will have the meanings assigned to them in
47 U.S.C. § 151 or, if not defined therein, will have the meaning assigned to them in
Municipal Code or, if not defined in either therein, will have their ordinary meanings. If
any definition assigned to any term, phrase or word in this section 3 conflicts with any
federal or state -mandated definition, the federal or state -mandated definition will control.
"accessory equipment" means equipment other than antennas used in connection with
a small wireless facility or other infrastructure deployment. The term includes
"transmission equipment" as defined by the FCC in 47 C.F.R. § 1.6100(b)(8), as may be
amended or superseded.
"antenna" means the same as defined by the FCC in 47 C.F.R. § 1.6002(b), as may be
amended or superseded.
"arterial road" means a road designed to feed through -traffic to freeways, multi -lane
highways and interstates, provide access to adjacent land uses — mostly at intersections
— and feature traffic control measures. The term "arterial road" as used in this policy is
defined in the Circulation Element of the National City General Plan.
"batched application" means more than one application submitted at the same time.
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"collector road" means a road designed to provide access to adjacent land uses and
feed local traffic to arterials. The term "collector road" as used in this policy includes
collectors and residential collectors as defined in the Circulation Element of the National
City General Plan.
"collocation" means the same as defined by the FCC in 47 C.F.R. § 1.6002(g), as may
be amended or superseded.
"CPUC" means the California Public Utilities Commission established in the California
Constitution, Article XII, § 5, or its duly appointed successor agency.
"decorative pole" means any pole that includes decorative or ornamental features,
design elements and/or materials intended to enhance the appearance of the pole or
the public rights -of -way in which the pole is located.
"City Engineer" means the City Engineer or the City Engineer's designee.
"FCC" means the Federal Communications Commission or its duly appointed successor
agency.
"FCC Shot Clock" means the presumptively reasonable time frame, accounting for any
tolling or extension, within which the City generally must act on a request for
authorization in connection with a personal wireless service facility, as such time frame
is defined by the FCC and as may be amended or superseded.
"local road" means a road with low speeds and high accessibility to adjacent land uses
that generally feed into collector roads and are not intended for through traffic. The term
"local road" as used in this policy is defined in the Circulation Element of the National
City General Plan.
"ministerial permit" means any City -issued non -discretionary permit required to
commence or complete any construction or other activity subject to the City's
jurisdiction. Ministerial permits may include, without limitation, any building permit,
construction permit, electrical permit, encroachment permit, excavation permit, traffic
control permit and/or any similar over-the-counter approval issued by the City's
departments.
"OTARD" means an "over -the -air reception device" and includes all antennas and
antenna supports covered by 47 C.F.R. § 1.4000(a)(1), as may be amended or
superseded.
"personal wireless services" means the same as defined in 47 U.S.C. §
332(c)(7)(C)(i), as may be amended or superseded.
"personal wireless service facilities" means the same as defined in 47 U.S.C. §
332(c)(7)(C)(i), as may be amended or superseded.
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"persons entitled to notice" means the record owners and legal occupants of all
properties within 300 feet from the proposed project site and any other person who
requests notice consistent with National City Municipal Code § 18.15.050.C.2. Notice to
the legal occupants shall be deemed given when sent to the property's physical
address.
"RF" means radio frequency or electromagnetic waves.
"Section 6409" means Section 6409(a) of the Middle Class Tax Relief and Job Creation
Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. § 1455(a), as may
be amended or superseded.
"shot clock days" means calendar days counted toward the presumptively reasonable
time under the applicable FCC Shot Clock. The term "shot clock days" does not include
any calendar days on which the FCC Shot Clock is tolled. As an illustration and not a
limitation, if an applicant applies on February 1, receives a valid incomplete notice on
February 5 and then resubmits on February 20, only four "shot clock days" have
elapsed because the time between the incomplete notice and resubmittal are not
counted.
"small wireless facility" means the same as defined by the FCC in 47 C.F.R. §
1.6002(/), as may be amended or superseded.
"support structure" means a "structure" as defined by the FCC in 47 C.F.R. §
1.6002(m), as may be amended or superseded.
"technically infeasible" means a circumstance in which compliance with a specific
requirement within this policy is physically impossible and not merely more difficult or
expensive than a noncompliant alternative.
"underground district" means any area in the City within which overhead wires,
cables, cabinets and associated overhead equipment, appurtenances and other
improvements are either (1) prohibited by ordinance, resolution or other applicable law;
(2) scheduled to be relocated underground within 18 months from the time an
application is submitted; or (3) primarily located underground at the time an application
is submitted.
SECTION 4. APPLICABILITY
(a) Small Wireless Facilities. Except as expressly provided otherwise, the
provisions in this policy shall be applicable to all existing small wireless facilities
and all applications and requests for authorization to construct, install, attach,
operate, collocate, modify, reconstruct, relocate, remove or otherwise deploy
small wireless facilities within the public rights -of -way within the City's
jurisdictional and territorial boundaries.
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(b) Other Infrastructure Deployments. To the extent that other infrastructure
deployments, including without limitation any deployments that require approval
pursuant to Municipal Code chapter 13.12, involve the same or substantially
similar structures, apparatus, antennas, equipment, fixtures, cabinets, cables or
improvements, the departments and/or officials responsible to review and
approve or deny requests for authorization in connection with such other
infrastructure deployment shall apply the provisions in this policy unless
specifically prohibited by applicable law.
SECTION 5. REQUIRED PERMITS AND APPROVALS
(a)
ROW Use Permit. A "ROW use permit", subject to the City Engineer's review
and approval in accordance with this policy, shall be required for all small
wireless facilities and other infrastructure deployments located in whole or in part
within the public rights -of -way.
(b) Exemptions. Notwithstanding anything in this policy to the contrary, a ROW use
permit shall not be required for:
(1) wireless facilities or other infrastructure deployments owned and operated by
the City for its use;
(2) OTARD facilities;
(3) requests for approval to collocate, replace or remove transmission equipment
at an existing wireless tower or base station submitted pursuant to Section
6409 will be subject to the current FCC rules and regulations "eligible facilities
requests" as defined by FCC and as may be amended or superseded; or
(4) wireless facilities or other infrastructure deployments covered by a valid
franchise, pole license or other encroachment agreement between the
applicant and the City.
(c) Other Permits and Approvals. In addition to a ROW use permit, the applicant
must obtain all other permits and regulatory approvals as may be required by any
other federal, state or local government agencies, which includes without
limitation any ministerial permits and/or other approvals issued by other City
departments or divisions. All applications for ministerial permits submitted in
connection with a proposed small wireless facility or other infrastructure
deployment must contain a valid ROW use permit issued by the City for the
proposed facility. Any application for any ministerial permit(s) submitted without
such ROW use permit may be denied without prejudice. Any ROW use permit
granted under this policy shall remain subject to all lawful conditions and/or legal
requirements associated with such other permits or approvals. Furthermore, and
to avoid potential confusion, an exemption from the ROW use permit requirement
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under section 5(b) does not exempt the same wireless facilities or other
infrastructure deployments from any other permits or approvals, which includes
without limitation any ministerial permits from the City.
SECTION 6. APPLICATION AND REVIEW PROCEDURES
(a) Application Requirements for Small Wireless Facilities. In addition to any
other publicly -stated requirements, all ROW use permit applications for small
wireless facilities must include the following information and materials:
(1) Application Form. The applicant shall submit a complete, duly executed
ROW use permit application on the then -current form prepared by the City
Engineer.
(2) Application Fee. The applicant shall submit the applicable small cell permit
application fee established by City Council resolution. Batched applications
must include the applicable small cell permit application fee for each small
wireless facility in the batch. If no small cell permit application fee has been
established, then the applicant must submit a signed written statement that
acknowledges that the applicant will be required to reimburse the City for its
reasonable costs incurred in connection with the application within 10 days
after the City issues a written demand for reimbursement.
(3)
Construction Drawings. The applicant shall submit true and correct
construction drawings, prepared, signed and stamped by a licensed or
registered engineer, that depict all the existing and proposed improvements,
equipment and conditions related to the proposed project, which includes
without limitation any and all poles, posts, pedestals, traffic signals, towers,
streets, sidewalks, pedestrian ramps, driveways, curbs, gutters, drains,
handholes, manholes, fire hydrants, equipment cabinets, antennas, cables,
trees and other landscape features. The construction drawings must: (i)
contain cut sheets that contain the technical specifications for all existing and
proposed antennas and accessory equipment, which includes without
limitation the manufacturer, model number and physical dimensions; (ii)
identify all potential support structures within 350 feet from the proposed
project site and call out such structures' overall height above ground level; (iii)
depict the applicant's preliminary plan for electric and data backhaul utilities,
which shall include the anticipated locations for all conduits, cables, wires,
handholes, junctions, transformers, meters, disconnect switches, and points
of connection; and (iv) demonstrate that proposed project will be in full
compliance with all applicable health and safety laws, regulations or other
rules, which includes without limitation all building codes, electric codes, local
street standards and specifications, and public utility regulations and orders.
(4) Site Survey. For any small wireless facility, the applicant shall submit a
survey prepared, signed and stamped by a licensed or registered engineer.
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(5)
The survey must identify and depict all existing boundaries, encroachments
and other structures within 75 feet from the proposed project site and any
new improvements, which includes without limitation all: (i) traffic lanes; (ii) all
private properties and property lines; (iii) above and below -grade utilities and
related structures and encroachments; (iv) fire hydrants, roadside call boxes
and other public safety infrastructure; (v) streetlights, decorative poles, traffic
signals and permanent signage; (vi) sidewalks, driveways, parkways, curbs,
gutters and storm drains; (vii) benches, trash cans, mailboxes, kiosks and
other street furniture; and (viii) existing trees, planters and other landscaping
features.
Photo Simulations. The applicant shall submit site photographs and photo
simulations that show the existing location and proposed small wireless
facility in context from at least three vantage points within the public streets or
other publicly accessible spaces, together with a vicinity map that shows the
proposed site location and the photo location for each vantage point. At least
one simulation must depict the small wireless facility from a vantage point
approximately 50 feet from the proposed support structure or location. The
photo simulations and vicinity map shall be incorporated into the construction
plans submitted with the application.
(6) Project Narrative and Justification. The applicant shall submit a written
statement that explains in plain factual detail whether and why the proposed
facility qualifies as a "small wireless facility" as defined by the FCC in 47
C.F.R. § 1.6002(1). A complete written narrative analysis will state the
applicable standard and all the facts that allow the City to conclude the
standard has been met —bare conclusions not factually supported do not
constitute a complete written analysis. As part of the written statement the
applicant must also include (i) whether and why the proposed support is a
"structure" as defined by the FCC in 47 C.F.R. § 1.6002(m); and (ii) whether
and why the proposed wireless facility meets each required finding for a ROW
use permit as provided in section 8(b).
(7)
RF Compliance Report. The applicant shall submit an RF exposure
compliance report that certifies that the proposed small wireless facility, both
individually and cumulatively with all other emitters in the vicinity (if any), will
comply with applicable federal RF exposure standards and exposure limits.
The RF report must be prepared and certified by an RF engineer acceptable
to the City Engineer. The RF report must include the actual frequency and
power levels (in watts effective radiated power) for all existing and proposed
antennas at the site and exhibits that show the location and orientation of all
transmitting antennas and the boundaries of areas with RF exposures in
excess of the uncontrolled/general population limit (as that term is defined by
the FCC) and also the boundaries of areas with RF exposures in excess of
the controlled/occupational limit (as that term is defined by the FCC). Each
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such boundary shall be clearly marked and identified for every transmitting
antenna at the project site.
(8) Structural Analysis. The applicant shall submit a report prepared and certified
by an engineer (or other qualified personnel acceptable to the City) that
evaluates whether the underlying pole or support structure has the structural
integrity to support all the proposed equipment and attachments. At a minimum,
the analysis must be consistent with all applicable requirements in CPUC
General Order 95 (including, but not limited to, load and pole overturning
calculations), the National Electric Safety Code, and any safety and
construction standards required by the utility.
(9)
Public Notices. The applicant shall include with the application a list that
identifies all persons entitled to notice (as defined in this policy) together with
three preaddressed envelopes with correct postage for each person entitled
to notice.
(10) Regulatory Authorization. The applicant shall submit evidence of the
applicant's regulatory status under federal and California law to provide the
services and construct the small wireless facility proposed in the application.
(11) Pole License Agreement. For any small wireless facility proposed to be
installed on any structure owned or controlled by the City and located within
the public rights -of -way, the applicant shall submit an executed Pole License
Agreement on a form prepared by the City that states the terms and
conditions for such non-exclusive use by the applicant. No changes shall be
permitted to the City's Pole License Agreement except as may be indicated
on the form itself. Any unpermitted changes to the City's Pole License
Agreement shall be deemed a basis to deem the application incomplete.
Refusal to accept the terms and conditions in the City's Pole License
Agreement shall be an independently sufficient basis to deny the application.
(12) Title Report and Property Owner's Authorization. For any small wireless
facility proposed to be installed on any private property not owned or
controlled by the City, whether in whole or in part, the applicant must submit:
(i) a title report issued within 30 days from the date the applicant filed the
application; and (ii) if the applicant is not the property owner, a written
authorization signed by the property owner identified in the title report that
authorizes the applicant to submit and accept a small cell permit in
connection with the subject property. For any small wireless facility proposed
to be installed on a support structure in the public right-of-way, the applicant
must submit a written authorization from the support structure owner(s).
(13) Acoustic Analysis. The applicant shall submit an acoustic analysis prepared
and certified by a licensed engineer for the proposed small wireless facility
and all associated equipment including all environmental control units, sump
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pumps, temporary backup power generators and permanent backup power
generators demonstrating compliance with the City's noise regulations. The
acoustic analysis must also include an analysis of the manufacturers'
specifications for all noise -emitting equipment and a depiction of the proposed
equipment relative to all adjacent property lines. In lieu of an acoustic
analysis, the applicant may submit evidence from the equipment
manufacturer(s) that the ambient noise emitted from all the proposed
equipment will not, both individually and cumulatively, exceed the applicable
noise limits.
(b) Voluntary Presubmittal Conference. The City strongly encourages, but does
not require, applicants to schedule and attend a presubmittal conference with the
City Engineer and other City staff. This voluntary, presubmittal conference does
not cause the FCC Shot Clock to begin and is intended to streamline the review
process through collaborative, informal discussion that includes, without
limitation, the appropriate project classification and review process; any latent
issues in connection with the proposed project and/or project site, including
compliance with generally applicable rules for public health and safety; potential
concealment issues or concerns (if applicable); coordination with other City
departments implicated by the proposed project; and application completeness
issues. Presubmittal conferences are especially encouraged when an applicant
seeks to submit one or more batched applications so that the City Engineer may
advise the applicant about any staffing or scheduling issues that may hinder the
City's ability to meet the presumptively reasonable timeframes under the FCC
Shot Clock. To mitigate unnecessary delays due to application incompleteness,
applicants are encouraged (but not required) to bring any draft applications,
plans, maps or other materials so that City staff may provide informal feedback
and guidance about whether such applications or other materials may be
incomplete or unacceptable in their then -current form. The City Engineer will use
reasonable efforts to provide the applicant with an appointment within
approximately five working days after receiving a written request and any
applicable fee or deposit to reimburse the City for its reasonable costs to provide
the staff time and services rendered in the presubmittal conference. The City
Engineer may grant a written waiver of the alternative location analysis when the
applicant: (1) proposes to site the small wireless facility on an existing structure
within an arterial street and not within a residential district, Morgan Square or
Brick Row; and (2) participates in a voluntary presubmittal conference. Any
waiver shall be limited to applications for the proposed small wireless facilities
discussed at the presubmittal conference and described in the written waiver
signed by the City Engineer, and shall not be applicable to any other applications
for any other small wireless facilities.
(c) Submittal Appointments. All applications must be submitted in person to the
City at a pre -scheduled appointment with the City Engineer. Prospective
applicants may generally submit one application per appointment, or up to five
individual applications per appointment as a batch. Potential applicants may
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schedule successive appointments for multiple applications whenever feasible
and not prejudicial to other applicants for any other development project as
determined by the City Engineer. The City Engineer shall use reasonable efforts
to offer an appointment within five working days after the City Engineer receives
a written request from a potential applicant. Any purported application received
without an appointment, whether delivered in -person, by mail or through any
other means, will not be considered duly filed, whether the City retains, returns or
destroys the materials received.
(d) Incomplete Applications Deemed Withdrawn. Any application governed under
this policy shall be automatically deemed withdrawn by the applicant when the
applicant fails to submit a substantive response to the City Engineer within 60
calendar days after the City Engineer deems the application incomplete by
written notice. As used in this subsection (d), a "substantive response" must
include, at a minimum, the complete materials identified as incomplete in the
written incomplete notice.
(e) Additional Administrative Requirements and Regulations. The City Council
authorizes the City Engineer to develop, publish and from time to time update or
amend permit application requirements, forms, checklists, guidelines,
informational handouts and other related materials that the City Engineer finds
necessary, appropriate or useful for processing any application governed under
this policy. The City Engineer further authorizes the City Engineer to establish
other reasonable rules and regulations for duly filed applications, which may
include without limitation regular hours for appointments and/or submittals
without appointments, as the City Engineer deems necessary or appropriate to
organize, document and manage the application intake process. All such
requirements, materials, rules and regulations must be in written form and
publicly stated to provide all interested parties with prior notice.
(f) Independent Expert Review; Staff Augmentation.
(1)
Authorization. The City Council authorizes the City Engineer to, in his or her
discretion, select and retain independent experts, consultants, contractors
and other professionals (collectively "augmented staff') with expertise in
telecommunications satisfactory to the City Engineer in connection with any
ROW use permit application(s).
(2) Scope. The City Engineer may request augmented staff review on any issue
in connection with the ROW use permit application. Such issues may include,
but are not limited to: (A) ROW use permit application completeness or
accuracy; (B) planned compliance with applicable RF exposure standards;
(C) whether technically feasible and potentially available alternative locations
and designs exist; (D) the applicability, reliability and sufficiency of analyses
or methodologies used by the applicant to reach conclusions about any issue
within this scope; (E) compliance with the provisions in this policy; and (F) any
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(3)
other issue that requires expert or specialized knowledge identified by the
City Engineer.
Deposit. The applicant must pay for the cost of such review and for the
augmented staff's testimony in any hearing as requested by the City Engineer
and must provide a reasonable advance deposit of the estimated cost of such
review with the City prior to the commencement of any work by the
augmented staff. The applicant must provide an additional advance deposit to
cover the augmented staff's testimony and expenses at any meeting where
that testimony is requested by the City Engineer. Where the advance
deposit(s) are insufficient to pay for the cost of such review and/or testimony,
the City Engineer shall invoice the applicant for any and all additional, actual
and reasonable costs incurred by the City in connection with the augmented
staff that exceeds the initial amount from the fee. The applicant shall pay the
invoice in full within ten calendar days after receipt of the invoice. No ROW
use permit shall issue to an applicant where that applicant has not timely paid
a required fee, provided any required deposit or paid any invoice as required
in this policy.
SECTION 7. PUBLIC NOTICES
(a) Application Submittal Notice. Within approximately 10 calendar days after an
application is received and prior to any approval, conditional approval or denial,
the City shall mail public notice to all persons entitled to notice. The notice must
contain: (1) a general project description, which must include the nature of the
project, the project location and an accurate diagram or photo simulation; (2) the
City's file number for the application; (3) the applicant's identification and contact
information as provided on the application submitted to the City; (4) contact
information for the City Engineer and a deadline for interested parties to submit
written comments; (5) a statement that the City Engineer will act on the
application without a public hearing but that any interested person or entity may
appeal the City Engineer's decision directly to the City Council; and (6) if the
application is for a small wireless facility, a general statement that the FCC
requires the City to take final action on such applications within 60 days for
collocations and 90 days for facilities on new support structures.
(b) Application Decision Notice. Within five calendar days after the City Engineer
acts on a ROW use permit application, the City Engineer shall provide written
notice to the applicant and all persons entitled to notice. If the City Engineer
denies an application (with or without prejudice) for a small wireless facility, the
written notice must also contain the reasons for the denial.
SECTION 8. DECISIONS
(a) Initial Administrative Decision. Not less than 10 calendar days after the public
notice required in section 7(a) is sent, and not more than 29 shot clock days after
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the application has been deemed complete, the City Engineer shall approve,
conditionally approve or deny a complete and duly filed ROW use permit
application without a public hearing.
(b) Required Findings for Approval. The City Engineer may approve or
conditionally approve a complete and duly filed application for a ROW use permit
when the City Engineer finds:
(1) the proposed project complies with all applicable design standards in this
policy;
(2) the proposed project would be in the most preferred location within 350 feet
from the proposed site in any direction or the applicant has demonstrated with
clear and convincing evidence in the written record that any more -preferred
location(s) within 350 feet would be technically infeasible;
(3) the proposed project would not be located on a prohibited support structure
identified in this policy;
(4) the proposed project would be on the most preferred support structure within
350 feet from the proposed site in any direction or the applicant has
demonstrated with clear and convincing evidence in the written record that
any more -preferred support structure(s) within 350 feet would be technically
infeasible;
(5) if the proposed project involves a wireless facility, the proposed project fits
within the definition for a "small wireless facility" as defined by the FCC;
(6) if the proposed project involves a wireless facility, the applicant has
demonstrated that the proposed project will be in planned compliance with all
applicable FCC regulations and guidelines for human exposure to RF
emissions; and
(7) all public notices required for the application have been given.
(c) Conditional Approvals; Denials Without Prejudice. Subject to any applicable
federal or California laws, nothing in this policy is intended to limit the City
Engineer's ability to conditionally approve or deny without prejudice any ROW
use permit application as may be necessary or appropriate to ensure compliance
with this policy.
(d) Appeals. Any interested person or entity may appeal the decision by the City
Engineer to the City Council; provided, however, that appeals from an approval
shall not be permitted when based solely on the environmental effects from radio
frequency emissions that are compliant with applicable FCC regulations and
guidelines. An appeal notice must be filed within seven calendar days after the
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date on the City Engineer's decision notice. The notice must contain a short and
plain statement about the basis for the appeal, which may be supplemented after
the notice period has expired but before the appeal hearing. The City Council
shall hear appeals de novo and issue the applicant a written decision within five
calendar days after the appeal hearing. If the City Council denies the application
on appeal (whether by affirmation or reversal), the written notice shall contain the
reasons for the decision.
SECTION 9. CONDITIONS OF APPROVAL
(a) Standard Conditions. Except as may be authorized in subsection (b), all ROW
use permits issued under this policy shall be automatically subject to the
conditions in this subsection (a).
(1) Permit Term. This permit will automatically expire 10 years and one day from
its issuance unless California Government Code § 65964(b) authorizes the
City to establish a shorter term for public safety reasons. Any other permits or
approvals issued in connection with any collocation, modification or other
change to this wireless facility, which includes without limitation any permits
or other approvals deemed -granted or deemed -approved under federal or
state law, will not extend this term limit unless expressly provided otherwise in
such permit or approval or required under federal or state law.
(2) Permit Renewal. Not more than one year before this ROW use permit
expires, the permittee may apply for permit renewal. The permittee must
demonstrate that the subject small wireless facility or other infrastructure
deployment complies with all the conditions of approval associated with this
ROW use permit and all applicable provisions in the Municipal Code and this
policy that exist at the time the decision to renew or not renew is rendered.
The City Engineer may modify or amend the conditions on a case -by -case
basis as may be necessary or appropriate to ensure compliance with the
Municipal Code, this policy or other applicable law. Upon renewal, this ROW
use permit will automatically expire 10 years and one day from its issuance.
(3)
Post -Installation Certification. Within 60 calendar days after the permittee
commences full, unattended operations of a small wireless facility or other
infrastructure deployment approved or deemed -approved, the permittee shall
provide the City Engineer with documentation reasonably acceptable to the
City Engineer that the small wireless facility or other infrastructure deployment
has been installed and/or constructed in strict compliance with the approved
construction drawings and photo simulations. Such documentation shall
include without limitation as -built drawings, GIS data and site photographs.
(4) Build -Out Period. This ROW use permit will automatically expire 12 months
from the approval date (the "build -out period") unless the permittee obtains all
other permits and approvals required to install, construct and/or operate the
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(5)
approved small wireless facility or other infrastructure deployment, which
includes without limitation any permits or approvals required by the any
federal, state or local public agencies with jurisdiction over the subject
property, support structure or the small wireless facility or other infrastructure
deployment and its use. If the permittee cannot obtain all other permits and
approvals before build -out period expires, the City will not extend the build -out
period but the permittee may resubmit a complete application, including all
application fees, for the same or substantially similar project.
Site Maintenance. The permittee shall keep the site, which includes without
limitation any and all improvements, equipment, structures, access routes,
fences and landscape features, in a neat, clean and safe condition in
accordance with the approved construction drawings and all conditions in this
ROW use permit. The permittee shall keep the site area free from all litter and
debris at all times. The permittee, at no cost to the City, shall remove and
remediate any graffiti or other vandalism at the site within 48 hours after the
permittee receives notice or otherwise becomes aware that such graffiti or
other vandalism occurred.
(6) Compliance with Laws. The permittee shall maintain compliance at all times
with all federal, state and local statutes, regulations, orders or other rules that
carry the force of law ("laws") applicable to the permittee, the subject
property, the small wireless facility or other infrastructure deployment or any
use or activities in connection with the use authorized in this ROW use permit,
which includes without limitation any laws applicable to human exposure to
RF emissions. The permittee expressly acknowledges and agrees that this
obligation is intended to be broadly construed and that no other specific
requirements in these conditions are intended to reduce, relieve or otherwise
lessen the permittee's obligations to maintain compliance with all laws. No
failure or omission by the City to timely notice, prompt or enforce compliance
with any applicable provision in the Municipal Code, this policy any permit,
any permit condition or any applicable law or regulation, shall be deemed to
relieve, waive or lessen the permittee's obligation to comply in all respects
with all applicable provisions in the Municipal Code, this policy, any permit,
any permit condition or any applicable law or regulation.
(7)
Adverse Impacts on Other Properties. The permittee shall use all
reasonable efforts to avoid any and all unreasonable, undue or unnecessary
adverse impacts on nearby properties that may arise from the permittee's or
its authorized personnel's construction, installation, operation, modification,
maintenance, repair, removal and/or other activities on or about the site. The
permittee shall not perform or cause others to perform any construction,
installation, operation, modification, maintenance, repair, removal or other
work that involves heavy equipment or machines except during normal
construction work hours authorized by the Municipal Code. The restricted
work hours in this condition will not prohibit any work required to prevent an
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actual, immediate harm to property or persons, or any work during an
emergency declared by the City or other state or federal government agency
or official with authority to declare an emergency within the City. The City
Engineer may issue a stop work order for any activities that violates this
condition in whole or in part.
(8) Inspections; Emergencies. The permittee expressly acknowledges and
agrees that the City's officers, officials, staff, agents, contractors or other
designees may enter onto the site and inspect the improvements and
equipment upon reasonable prior notice to the permittee. Notwithstanding the
prior sentence, the City's officers, officials, staff, agents, contractors or other
designees may, but will not be obligated to, enter onto the site area without
prior notice to support, repair, disable or remove any improvements or
equipment in emergencies or when such improvements or equipment
threatens actual, imminent harm to property or persons. The permittee, if
present, may observe the City's officers, officials, staff or other designees
while any such inspection or emergency access occurs.
(9)
Permittee's Contact Information. Within 10 days from the final approval, the
permittee shall furnish the City with accurate and up-to-date contact
information for a person responsible for the small wireless facility or other
infrastructure deployment, which includes without limitation such person's full
name, title, direct telephone number, facsimile number, mailing address and
email address. The permittee shall keep such contact information up-to-date
at all times and promptly provide the City with updated contact information if
either the responsible person or such person's contact information changes.
(10) Indemnification. The permittee and, if applicable, the property owner upon
which the small wireless facility or other infrastructure deployment is installed
shall defend, indemnify and hold harmless the City, City Council and the
City's boards, commissions, agents, officers, officials, employees and
volunteers (collectively, the "indemnitees") from any and all (i) damages,
liabilities, injuries, losses, costs and expenses and from any and all claims,
demands, law suits, writs and other actions or proceedings ("claims") brought
against the indemnitees to challenge, attack, seek to modify, set aside, void
or annul the City's approval of this ROW use permit, and (ii) other claims of
any kind or form, whether for personal injury, death or property damage, that
arise from or in connection with the permittee's or its agents', City Engineers',
officers', employees', contractors', subcontractors', licensees' or customers'
acts or omissions in connection with this ROW use permit or the small
wireless facility or other infrastructure deployment. In the event the City
becomes aware of any claims, the City will use best efforts to promptly notify
the permittee and the private property owner (if applicable) and shall
reasonably cooperate in the defense. The permittee expressly acknowledges
and agrees that the City shall have the right to approve, which approval shall
not be unreasonably withheld, the legal counsel providing the City's defense,
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and the property owner and/or permittee (as applicable) shall promptly
reimburse City for any costs and expenses directly and necessarily incurred
by the City in the course of the defense. The permittee expressly
acknowledges and agrees that the permittee's indemnification obligations
under this condition are a material consideration that motivates the City to
approve this ROW use permit, and that such indemnification obligations will
survive the expiration, revocation or other termination of this ROW use permit.
(11) Performance Bond. Before the City issues any permits required to
commence construction in connection with this permit, the permittee shall
post a performance bond from a surety and in a form acceptable to the City
Engineer in an amount reasonably necessary to cover the cost to remove the
improvements and restore all affected areas based on a written estimate from
a qualified contractor with experience in wireless facilities or other
infrastructure removal. The written estimate must include the cost to remove
all equipment and other improvements, which includes without limitation all
antennas, radios, batteries, generators, utilities, cabinets, mounts, brackets,
hardware, cables, wires, conduits, structures, shelters, towers, poles, footings
and foundations, whether above ground or below ground, constructed or
installed in connection with the wireless facility, plus the cost to completely
restore any areas affected by the removal work to a standard compliant with
applicable laws. In establishing or adjusting the bond amount required under
this condition, the City Engineer shall take into consideration any information
provided by the permittee regarding the cost to remove the small wireless
facility or other infrastructure deployment to a standard compliant with
applicable laws. The performance bond shall expressly survive the duration of
the permit term to the extent required to effectuate a complete removal of the
subject wireless facility or other infrastructure deployment in accordance with
this condition.
(12) Permit Revocation. Any permit granted under this policy may be revoked in
accordance with the provisions and procedures in this condition. The City
Engineer may initiate revocation proceedings when the City Engineer has
information that the facility may not be in compliance with all applicable laws,
which includes without limitation, any permit in connection with the facility and
any associated conditions with such permit(s). Before any public hearing to
revoke a permit granted under this policy, the City Engineer must issue a
written notice to the permittee that specifies (i) the facility; (ii) the violation(s)
to be corrected; (iii) the timeframe in which the permittee must correct such
violation(s); and (iv) that, in addition to all other rights and remedies the City
may pursue, the City may initiate revocation proceedings for failure to correct
such violation(s). A permit granted under this policy may be revoked only by
the City Council after a duly notice public hearing. The City Council may
revoke a permit when it finds substantial evidence in the written record to
show that the facility is not in compliance with any applicable laws, which
includes without limitation, any permit in connection with the facility and any
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associated conditions with such permit(s). Any decision by the City Council to
revoke or not revoke a permit shall be final and not subject to any further
appeals. Within five business days after the City Council adopts a resolution
to revoke a permit, the City Engineer shall provide the permittee with a written
notice that specifies the revocation and the reasons for such revocation.
(13) Record Retention. Throughout the permit term, the permittee must maintain
a complete and accurate copy of the written administrative record, which
includes without limitation the ROW use permit application, ROW use permit,
the approved plans and photo simulations incorporated into this approval, all
conditions associated with this approval, any ministerial permits or approvals
issued in connection with this approval and any records, memoranda,
documents, papers and other correspondence entered into the public record
in connection with the ROW use permit (collectively, "records"). If the
permittee does not maintain such records as required in this condition, any
ambiguities or uncertainties that would be resolved by inspecting the missing
records will be construed against the permittee. The permittee shall protect all
records from damage from fires, floods and other hazards that may cause
deterioration. The permittee may keep records in an electronic format;
provided, however, that hard copies or electronic records kept in the City's
regular files will control over any conflicts between such City -controlled copies
or records and the permittee's electronic copies, and complete originals will
control over all other copies in any form. The requirements in this condition
shall not be construed to create any obligation to create or prepare any
records not otherwise required to be created or prepared by other applicable
laws. Compliance with the requirements in this condition shall not excuse the
permittee from any other similar record -retention obligations under applicable
law.
(14) Abandoned Facilities. The small wireless facility or other infrastructure
deployment authorized under this ROW use permit shall be deemed
abandoned if not operated for any continuous six-month period. Within 90
days after a small wireless facility or other infrastructure deployment is
abandoned or deemed abandoned, the permittee and/or property owner shall
completely remove the small wireless facility or other infrastructure
deployment and all related improvements and shall restore all affected areas
to a condition compliant with all applicable laws, which includes without
limitation the Municipal Code. In the event that neither the permittee nor the
property owner complies with the removal and restoration obligations under
this condition within said 90-day period, the City shall have the right (but not
the obligation) to perform such removal and restoration with or without notice,
and the permittee and property owner shall be jointly and severally liable for
all costs and expenses incurred by the City in connection with such removal
and/or restoration activities.
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(15) Landscaping. The permittee shall replace any landscape features damaged
or displaced by the construction, installation, operation, maintenance or other
work performed by the permittee or at the permittee's direction on or about
the site. If any trees are damaged or displaced, the permittee shall hire and
pay for a licensed arborist to select, plant and maintain replacement
landscaping in an appropriate location for the species. Only International
Society of Arboriculture certified workers under the supervision of a licensed
arborist shall be used to install the replacement tree(s). Any replacement tree
must be substantially the same size as the damaged tree. The permittee
shall, at all times, be responsible to maintain any replacement landscape
features.
(16) Cost Reimbursement. The permittee acknowledges and agrees that (i) the
permittee's request for authorization to construct, install and/or operate the
wireless facility will cause the City to incur costs and expenses; (ii) the
permittee shall be responsible to reimburse the City for all costs incurred in
connection with the permit, which includes without limitation costs related to
application review, permit issuance, site inspection and any other costs
reasonably related to or caused by the request for authorization to construct,
install and/or operate the wireless facility or other infrastructure deployment;
(iii) any application fees required for the application may not cover all such
reimbursable costs and that the permittee shall have the obligation to
reimburse City for all such costs 10 days after a written demand for
reimbursement and reasonable documentation to support such costs; and (iv)
the City shall have the right to withhold any permits or other approvals in
connection with the wireless facility until and unless any outstanding costs
have been reimbursed to the City by the permittee.
(17) Future Undergrounding Programs. Notwithstanding any term remaining on
any ROW use permit, if other utilities or communications providers in the public
rights -of -way underground their facilities in the segment of the public rights -of -
way where the permittee's small wireless facility or other infrastructure
deployment is located, the permittee must also underground its equipment,
except the antennas and any approved electric meter, at approximately the
same time. Accessory equipment such as radios and computers that require
an environmentally controlled underground vault to function shall not be exempt
from this condition. Small wireless facilities and other infrastructure
deployments installed on wood utility poles that will be removed pursuant to the
undergrounding program may be reinstalled on a streetlight that complies with
the City's standards and specifications. Such undergrounding shall occur at the
permittee's sole cost and expense except as may be reimbursed through tariffs
approved by the state public utilities commission for undergrounding costs.
(18) Electric Meter Upgrades. If the commercial electric utility provider adopts or
changes its rules obviating the need for a separate or ground -mounted electric
meter and enclosure, the permittee on its own initiative and at its sole cost and
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expense shall remove the separate or ground -mounted electric meter and
enclosure. Prior to removing the electric meter, the permittee shall apply for
any encroachment and/or other ministerial permit(s) required to perform the
removal. Upon removal, the permittee shall restore the affected area to its
original condition that existed prior to installation of the equipment.
(19) Rearrangement and Relocation. The permittee acknowledges that the City,
in its sole discretion and at any time, may: (A) change any street grade, width
or location; (B) add, remove or otherwise change any improvements in, on,
under or along any street owned by the City or any other public agency, which
includes without limitation any sewers, storm drains, conduits, pipes, vaults,
boxes, cabinets, poles and utility systems for gas, water, electric or
telecommunications; and/or (C) perform any other work deemed necessary,
useful or desirable by the City (collectively, "City work"). The City reserves the
rights to do any and all City work without any admission on its part that the City
would not have such rights without the express reservation in this ROW use
permit. If the City Engineer determines that any City work will require the
permittee's small wireless facility located in the public rights -of -way to be
rearranged and/or relocated, the permittee shall, at its sole cost and expense,
do or cause to be done all things necessary to accomplish such rearrangement
and/or relocation. If the permittee fails or refuses to either permanently or
temporarily rearrange and/or relocate the permittee's small wireless facility or
other infrastructure deployment within a reasonable time after the City
Engineer's notice, the City may (but will not be obligated to) cause the
rearrangement or relocation to be performed at the permittee's sole cost and
expense. The City may exercise its rights to rearrange or relocate the
permittee's small wireless facility or other infrastructure deployment without
prior notice to permittee when the City Engineer determines that the City work
is immediately necessary to protect public health or safety. The permittee shall
reimburse the City for all costs and expenses in connection with such work
within 10 days after a written demand for reimbursement and reasonable
documentation to support such costs.
(20) Truthful and Accurate Statements. The permittee acknowledges that the
City's approval relies on the written and/or oral statements by permittee and/or
persons authorized to act on permittee's behalf. In any matter before the City
in connection with the ROW use permit or the small wireless facility or other
infrastructure approved under the ROW use permit, neither the permittee nor
any person authorized to act on permittee's behalf shall, in any written or oral
statement, intentionally provide material factual information that is incorrect or
misleading or intentionally omit any material information necessary to prevent
any material factual statement from being incorrect or misleading.
(b) Modified Conditions. The City Council authorizes the City Engineer to modify,
add or remove conditions to any ROW use permit as the City Engineer deems
necessary or appropriate to: (1) protect and/or promote the public health, safety
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and welfare; (2) tailor the standard conditions in subsection (a) to the particular
facts and circumstances associated with the deployment; and/or (3) memorialize
any changes to the proposed deployment need for compliance with the Municipal
Code, this policy, generally applicable health and safety requirements and/or any
other applicable laws. To the extent required by applicable FCC regulations, the
City Engineer shall take care to ensure that any different conditions applied to
small wireless facilities are no more burdensome than those applied to other
infrastructure deployments.
SECTION 10. LOCATION STANDARDS
(a)
Location Preferences. To better assist applicants and decision -makers
understand and respond to the community's aesthetic preferences and values,
this subsection sets out listed preferences for locations to be used in connection
with small wireless facilities in an ordered hierarchy. The most preferred locations
are those on arterial streets, outside any residential district, Morgan Square or
Brick Row. Applications that involve lesser -preferred locations may be approved
so long as the applicant demonstrates by clear and convincing evidence in the
written record that either (1) no more preferred locations or structures exist within
350 feet from the proposed site; or (2) any more preferred locations or structurers
within 350 feet from the proposed site would be technically infeasible as
supported. The City prefers small cells in the public rights -of -way to be installed
in locations, ordered from most preferred to least preferred, as follows:
(1) locations within commercial or industrial districts on or along arterial streets;
(2) locations within commercial or industrial districts on or along collector streets;
(3) locations within commercial or industrial districts on or along local streets;
(4) locations within residential districts on or along arterial streets;
(5) locations within residential districts on or along collector streets;
(6) locations within residential districts on or along local streets;
(7) locations within open space districts, including without limitation Morgan
Square, on or along any street;
(8) locations along Brick Row;
(9) any location within 350 feet from an existing small wireless facility;
(10) any location within 350 feet from any structure approved for a residential use.
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(b) Prohibited Support Structures. Except when authorized as a pre -approved
design pursuant to this policy, small cells shall not be permitted on the following
support structures:
(1) decorative poles;
(2) traffic signal poles, cabinets or related structures;
(3) new, nonreplacement wood poles;
(4) any utility pole scheduled for removal or relocation within 18 months from the
time the City Engineer acts on the small cell application;
(c) Encroachments Over Private Property. No small wireless facilities, other
infrastructure deployments, accessory equipment or other improvements may
encroach onto or over any private or other property outside the public rights -of -
way without the property owner's express written consent.
(d) No Interference with Other Uses. Small wireless facilities and other
infrastructure deployments and any associated antennas, accessory equipment
or improvements shall not be located in any place or manner that would
physically interfere with or impede access to any: (1) worker access to any
above -ground or underground infrastructure for traffic control, streetlight or public
transportation, including without limitation any curb control sign, parking meter,
vehicular traffic sign or signal, pedestrian traffic sign or signal, barricade
reflectors; (2) access to any public transportation vehicles, shelters, street
furniture or other improvements at any public transportation stop; (3) worker
access to above -ground or underground infrastructure owned or operated by any
public or private utility agency; (4) fire hydrant or water valve; (5) access to any
doors, gates, sidewalk doors, passage doors, stoops or other ingress and egress
points to any building appurtenant to the rights -of -way; or (6) access to any fire
escape.
(e) Replacement Pole Location. All replacement poles must: (1) be located as
close to the removed pole as possible; (2) be aligned with the other existing
poles along the public rights -of -way; and (3) be compliant with all applicable
standards and specifications by the City Engineer.
(f) Additional Placement Requirements. In addition to all other requirements in
this policy, small wireless facilities, other infrastructure deployments and all
related equipment and improvements shall:
(1) be placed as close as possible to the property line between two parcels that
abut the public rights -of -way;
(2) not be placed directly in front of any door or window;
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(3) not be placed within any sight distance triangles at any intersections;
(4) be placed at least five feet away from any driveway or established pedestrian
pathway between a residential structure and the public rights -of -way;
(5) be placed at least 50 feet away from any driveways for police stations, fire
stations or other emergency responder facilities.
SECTION 11. DESIGN STANDARDS
(a) Finishes. All exterior surfaces shall be painted, colored and/or wrapped in flat,
nonreflective hues that match the underlying support structure or blend with the
surrounding environment. All surfaces shall be treated with graffiti -resistant
sealant. All finishes shall be subject to the City Engineer's prior approval.
(b) Noise. Small cells and all associated antennas, accessory equipment and other
improvements must comply with all applicable noise control standards and
regulations in Title 12 of the Municipal Code, as either may be amended or
superseded, and shall not exceed, either on an individual or cumulative basis,
the noise limit in the applicable district.
(c) Lights. All lights and light fixtures must be aimed and shielded so that their
illumination effects are directed downwards and confined within the public rights -
of -way in a manner consistent with any other standards and specifications by the
City Engineer. All antennas, accessory equipment and other improvements with
indicator or status lights must be installed in locations and within enclosures that
mitigate illumination impacts visible from publicly accessible areas.
(d) Trees and Landscaping. Small wireless facilities and other infrastructure
deployments shall not be installed (in whole or in part) within any tree drip line.
Small wireless facilities and other infrastructure deployments may not displace
any existing tree or landscape features unless: (A) such displaced tree or
landscaping is replaced with native and/or drought -resistant trees, plants or other
landscape features approved by the City Engineer and (B) the applicant submits
and adheres to a landscape maintenance plan. Only International Society of
Arboriculture certified workers under a licensed arborist's supervision shall be
used to install the replacement tree(s). Any replacement tree must be
substantially the same size as the damaged tree unless approved by the City
Engineer. The permittee shall, at all times, be responsible to maintain any
replacement landscape features.
(e) Signs and Advertisements. All small wireless facilities and other infrastructure
deployments that involve RF transmitters must include signage that accurately
identifies the site owner/operator, the owner/operator's site name or identification
number and a toll -free number to the owner/operator's network operations
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(f)
(g)
center. Small wireless facilities and other infrastructure deployments may not
bear any other signage or advertisements unless expressly approved by the City,
required by law or recommended under FCC or other United States
governmental agencies for compliance with RF emissions regulations.
Site Security Measures. Small wireless facilities and other infrastructure
deployments may incorporate reasonable and appropriate site security
measures, such as locks and anti -climbing devices, to prevent unauthorized
access, theft or vandalism. The City Engineer shall not approve any barbed wire,
razor ribbon, electrified fences or any similarly dangerous security measures. All
exterior surfaces on small wireless facilities shall be constructed from or coated
with graffiti -resistant materials.
Compliance with Health and Safety Regulations. All small wireless facilities
and other infrastructure deployments shall be designed, constructed, operated
and maintained in compliance with all generally applicable health and safety
regulations, which includes without limitation all applicable regulations for human
exposure to RF emissions and compliance with the federal Americans with
Disabilities Act of 1990 (42 U.S.C. §§ 12101 et seq.).
(h) Antennas. The provisions in this subsection (h) are generally applicable to all
antennas.
(1) Shrouding. All antennas and associated cables, jumpers, wires, mounts,
masts, brackets and other connectors and hardware must be installed within
a single shroud or radome. For pole -top antennas, the shroud shall not
exceed two times the median pole diameter and must taper down to pole. For
side -arm antennas, the shroud must cover the cross arm and any cables,
jumpers, wires or other connectors between the vertical riser and the
antenna.
(2) Antenna Volume. Each individual antenna associated with a single small cell
shall not exceed three cubic feet. The cumulative volume for all antennas on
a single small cell shall not exceed: (A) three cubic feet in residential areas; or
(B) six cubic feet in nonresidential areas.
(3) Overall Height. No antenna may extend more than five feet above the
support structure, plus any minimum separation between the antenna and
other pole attachments required by applicable health and safety regulations.
(4) Horizontal Projection. Side -mounted antennas, where permitted, shall not
project: (A) more than 24 inches from the support structure; (B) over any
roadway for vehicular travel; or (C) over any abutting private property. If
applicable laws require a side -mounted antenna to project more than 24
inches from the support structure, the projection shall be no greater than
required for compliance with such laws.
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(i)
Accessory Equipment Volume. The cumulative volume for all accessory
equipment for a single small wireless facility or other infrastructure deployment
shall not exceed: (A) nine cubic feet in residential areas or (B) seventeen cubic
feet in nonresidential areas. The volume limits in this subsection do not apply to
any undergrounded accessory equipment.
(j) Undergrounded Accessory Equipment.
(1) Where Required. Accessory equipment (other than any electric meter (where
permitted) emergency disconnect switch) shall be placed underground when
proposed in any (A) underground district or (B) any location where the City
Engineer finds substantial evidence that the additional above -ground
accessory equipment would incommode the public's uses in the public rights -
of -way. Notwithstanding the preceding sentence, the City Engineer may grant
an exception when the applicant demonstrates by clear and convincing
evidence that compliance with this section would be technically infeasible.
(2) Vaults. All undergrounded accessory equipment must be installed in an
environmentally controlled vault that is load -rated to meet the City's standards
and specifications. Underground vaults located beneath a sidewalk must be
constructed with a slip -resistant cover. Vents for airflow shall be flush -to -
grade when placed within the sidewalk and may not exceed two feet above
grade when placed off the sidewalk.
(k) Pole -Mounted Accessory Equipment. The provisions in this subsection (k) are
applicable to all pole -mounted accessory equipment in connection with small
wireless facilities and other infrastructure deployments.
(1) Preferred Concealment Techniques. Applicants should propose to place
any pole -mounted accessory equipment in the least conspicuous position
under the circumstances presented by the proposed pole and location. Pole -
mounted accessory equipment may be installed behind street, traffic or other
signs to the extent that the installation complies with applicable public health
and safety regulations.
(2) Minimum Vertical Clearance. The lowest point on any pole -mounted
accessory equipment shall be at least eight feet above ground level adjacent
to the pole. If applicable laws require any pole -mounted accessory equipment
component to be placed less than eight feet above ground level, the
clearance from ground level shall be no less than required for compliance
with such laws.
(3)
Horizontal Projection. Pole -mounted accessory equipment shall not project:
(i) more than 24 inches from the pole surface; (ii) over any roadway for
vehicular travel; or (iii) over any abutting private property. All pole -mounted
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(I)
accessory equipment shall be mounted flush to the pole surface. If applicable
laws preclude flush -mounted equipment, the separation gap between the pole
and the accessory equipment shall be no greater than required for
compliance with such laws and concealed by opaque material (such as
cabinet "flaps" or "wings").
(4) Orientation. Unless placed behind a street sign or some other concealment
that dictates the equipment orientation on the pole, all pole -mounted
accessory equipment should be oriented away from prominent views. In
general, the proper orientation will likely be toward the street to reduce the
overall profile when viewed from the nearest abutting properties. If orientation
toward the street is not feasible, then the proper orientation will most likely be
away from oncoming traffic. If more than one orientation would be technically
feasible, the City Engineer may select the most appropriate orientation.
Ground -Mounted or Base -Mounted Accessory Equipment. The provisions in
this subsection (I) are applicable to all ground -mounted and base -mounted
accessory equipment in connection with small wireless facilities and other
infrastructure deployments.
(1) Ground -Mounted Concealment. On collector roads and local roads, the City
prefers ground -mounted accessory equipment to be concealed as follows: (A)
within a landscaped parkway, median or similar location, behind or among
new/existing landscape features and painted or wrapped in flat natural colors
to blend with the landscape features; and (B) if landscaping concealment is
not technically feasible, disguised as other street furniture adjacent to the
support structure, such as, for example, mailboxes, benches, trash cans and
information kiosks. On arterial roads outside underground districts, proposed
ground -mounted accessory equipment should be completely shrouded or
placed in a cabinet substantially similar in appearance to existing ground -
mounted accessory equipment cabinets.
(2) Public Safety Visibility. To promote and protect public health and safety and
prevent potential hazards hidden behind large equipment cabinets, no
individual ground -mounted accessory equipment cabinet may exceed 4.5 feet
in height or 4.5 feet in width. Ground -mounted and base -mounted equipment
cabinets shall not have any horizontal flat surfaces greater than 1.5 square
inches to prevent litter or other objects left on such surfaces.
(m) Utilities. The provisions in this subsection (m) are applicable to all utilities and
other related improvements that serve small wireless facilities and other
infrastructure deployments.
(1) Overhead Lines. The City Engineer shall not approve any new overhead
utility lines in underground districts. In areas with existing overhead lines, new
communication lines shall be "overlashed" with existing communication lines.
ROW INFRASTRUCTURE POLICY page 27 / 29
{00040302;4}
251 of 348
No new overhead utility lines shall be permitted to traverse any roadway used
for vehicular transit.
(2) Vertical Cable Risers. All cables, wires and other connectors must be routed
through conduits within the pole or other support structure, and all conduit
attachments, cables, wires and other connectors must be concealed from
public view. To the extent that cables, wires and other connectors cannot be
routed through the pole, such as with wood utility poles, applicants shall route
them through a single external conduit or shroud that has been finished to
match the underlying pole.
(3) Spools and Coils. To reduce clutter and deter vandalism, excess fiber optic
or coaxial cables shall not be spooled, coiled or otherwise stored on the pole
outside equipment cabinets or shrouds.
(4) Electric Meters. Small cells and other infrastructure deployments shall use
flat -rate electric service or other method that obviates the need for a separate
above -grade electric meter. If flat -rate service is not available, applicants may
install a shrouded smart meter. If the proposed project involves a ground -
mounted equipment cabinet, an electric meter may be integrated with and
recessed into the cabinet, but the City Engineer shall not approve a separate
ground -mounted electric meter pedestal.
(5)
Existing Conduit or Circuits. To reduce unnecessary wear and tear on the
public rights -of -way, applicants are encouraged to use existing conduits
and/or electric circuits whenever available and technically feasible. Access to
any conduit and/or electric circuits owned or exclusively controlled by the City
shall require prior written consent by the City Engineer, which the City
Engineer may withhold or condition in his or her sole and absolute discretion.
SECTION 12. PREAPPROVED DESIGNS
(a) Purpose. To expedite the review process and encourage collaborative designs
among applicants and the City, the City Council authorizes the City Engineer to
designate one or more preapproved designs for small wireless facilities and other
infrastructure deployments. This section 12 sets out the process to establish or
repeal a preapproved design and the expedited review procedures and findings
applicable to these applications.
(b) Adoption. The City Engineer may, in the City Engineer's discretion, establish a
preapproved design when the Engineer finds that a proposed preapproved
design substantially conforms to the design standards in this policy. The City
Engineer shall post a public notice posted at the Public Works Department
offices and with the City Clerk. The notice must generally describe the
preapproved design, include a photograph or photo simulation and specify
whether the preapproved design would be limited or restricted in any districts.
ROW INFRASTRUCTURE POLICY page 28 / 29
{00040302;4}
252 of 348
The preapproved design shall become effective 15 days from the notice required
in this subsection. A decision by the City Engineer not to adopt a proposed
preapproved design or the City Engineer's failure to act on a request for a
proposed preapproved design is not appealable.
(c) Repeal. The City Engineer may repeal any preapproved design by written notice
posted at Public Works Department offices and with the City Clerk. The repeal
shall be immediately effective. The City Engineer's repeal, refusal to repeal or
failure to act on a request to repeal a preapproved design is not appealable.
(d) Modified Review Process. In nonresidential districts, applications for a
preapproved design shall not be subject to the notice requirements in section
7(a) or any potential appeals under section 8(d). In residential districts,
applications for a preapproved design shall remain subject to the notice
requirements in section 7 and any potential appeals under section 8(d).
(e) Modified Findings. When an applicant submits a complete application for a
preapproved design, the City Engineer shall presume that the findings for
approval in sections 8(b)(1) and 8(b)(5) are satisfied and shall evaluate the
application for compliance with the findings for approval in sections 8(b)(2),
8(b)(3), 8(b)(4), 8(b)(6) and 8(b)(7).
(f)
Nondiscrimination. Any applicant may propose to use any preapproved design
whether the applicant initially requested that the City Engineer adopt such
preapproved design or not. The City Engineer's decision to adopt a preapproved
design expresses no preference or requirement that applicants use the specific
vendor or manufacturer that fabricated the design depicted in the preapproved
plans. Any other vendor or manufacturer that fabricates a facility to the standards
and specifications in the preapproved design with like materials, finishes and
overall quality shall be acceptable as a preapproved design.
ROW INFRASTRUCTURE POLICY page 29 / 29
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253 of 348
RESOLUTION NO. 2019 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NATIONAL CITY ADOPTING A CITY COUNCIL POLICY
REGULATING SMALL WIRELESS FACILITIES AND A
DELEGATION OF AUTHORITY TO THE CITY MANAGER TO
NEGOTIATE POLE LICENSE AGREEMENTS WITH THE
CONCURRENCE OF THE CITY ATTORNEY
WHEREAS, pursuant to the California Constitution, Article XI, section 7;
California Government Code section 37100 and other applicable law, the City Council of
the City of National City may make and enforce within its limits all local, police, sanitary
and other ordinances, resolutions and other regulations not in conflict with general laws;
and
WHEREAS, since the City last amended its regulations for wireless facilities
in 2012, significant changes in federal laws that affect local authority over personal
wireless service facilities and other related infrastructure deployments have occurred,
which includes, without limitation, new regulations by the Federal Communications
Commission ("FCC") that (1) prohibit temporary moratoria on telecommunications
infrastructure deployment; (2) create a new regulatory classification for small wireless
facilities; (3) alter existing "shot clock" regulations to require local public agencies to do
more in less time; (4) establish a national standard for an effective prohibition that
replaces the existing "significant gap" test adopted by the United States Court of Appeals
for the Ninth Circuit; (5) provide that a failure to act within the applicable timeframe
presumptively constitutes an effective prohibition; (6) limits the compensation that state
and local governments may receive for access to their public rights -of -way and
government -owned infrastructure; and (7) eliminates the City's proprietary authority over
City -owned infrastructure within the public rights -of -way. These new regulations became
fully effective on April 15, 2019; and
WHEREAS, City staff, with assistance from outside counsel specializing in
telecommunications infrastructure regulations prepared this Resolution, which
establishes reasonable, uniform and comprehensive standards and procedures for small
wireless facilities and other infrastructure deployment, construction, installation,
collocation, modification, operation, relocation and removal within the City of National
City's territorial boundaries, consistent with and to the extent permitted under federal and
California state law; and
WHEREAS, the City owns as its personal property a substantial number of
existing poles within the public right-of-way that are potentially suitable for installing
wireless communications facilities within the City's jurisdiction and intends to fully
effectuate this Policy by authorizing the City Manager, with the concurrence of the City
Attorney, to negotiate pole license agreements to authorize providers to access individual
City -owned poles subject to all the applicable permits issued by the City to protect public
health, safety and welfare; and
254 of 348
Resolution No. 2019 —
Page Two
WHEREAS, on March 25, 2019, at a duly noticed public hearing, the
Planning Commission considered a proposed amendment to § 18.30.220 together with
proposed regulations for compliance with changes in the law, reviewed and considered
the staff report, other written reports, public testimony and other information contained in
the record; and
WHEREAS, on April 16, 2019 and May 7, 2019, the City Council held a duly
noticed public meeting to consider this Policy Resolution, at which the City Council
received, reviewed and considered the staff report, written and oral testimony from the
public and other information in the record.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby determines and finds as follows:
1. Findings. The City Council finds that: (a) the facts set forth in the recitals in this
Resolution are true and correct and incorporated by reference; (b) the recitals
constitute findings in this matter and, together with the staff report, other written
reports, public testimony and other information contained in the record, are an
adequate and appropriate evidentiary basis for the actions taken in this Resolution;
(c) the provisions in this Resolution are consistent with the General Plan, National
City Municipal Code and applicable federal and state law; and (d) neither this
Resolution will be detrimental to the public interest, health, safety, convenience or
welfare.
2. Policy Resolution. The City Council approves and adopts this Policy Resolution,
attached hereto entitled City Council Policy on Small Wireless Facilities and Other
Infrastructure Deployments within the Public Right- of -Way marked as Exhibit "A"
and by this reference incorporated herein as though set forth in -full.
3. Pole License Agreements. The City Council authorizes the City Manager, with
the concurrence of the City Attorney, to negotiate with state -authorized telephone
corporations to license City -owned vertical infrastructure for the purpose of
deploying small wireless facilities consistent with this Resolution.
4. Environmental Review. Pursuant to California Environmental Quality Act
("CEQA") Guidelines § 15378 and California Public Resources Code § 21065, the
City Council finds that this Resolution is not a "project" because its adoption is not
an activity that has the potential for a direct physical change or reasonably
foreseeable indirect physical change in the environment. Even if this Resolution
qualified as a "project" subject to CEQA, the City Council finds that, pursuant to
CEQA Guidelines § 15061(b)(3), there is no possibility that this project will have a
significant impact on the physical environment. This Resolution merely regulates
the small wireless facilities and other infrastructure deployments. This Resolution
255 of 348
Resolution No. 2019 —
Page Three
does not directly or indirectly authorize or approve any actual changes in the
physical environment. Applications for any new small wireless facility or other
infrastructure deployment, or change to an existing small wireless facility or other
infrastructure deployment, would be subject to additional environmental review on
a case -by -case basis. Accordingly, the City Council finds that this Resolution is not
subject to CEQA or, in the alternative, is exempt from CEQA under the general
rule.
5. Severability. If any section, subsection, paragraph, sentence, clause, phrase or
term (each a "Provision") in this Resolution, or any Provision's application to any
person or circumstance, is held illegal, invalid or unconstitutional by a court of
competent jurisdiction, all other Provisions not held illegal, invalid or
unconstitutional, or such Provision's application to other persons or circumstances,
shall not be affected. The City Council declares that it would have passed this
Resolution, and each Provision therein, whether any one or more Provisions be
declared illegal, invalid or unconstitutional.
6. Effective Date. This Resolution will become immediately effective upon adoption
by the City Council and will remain effective until amended, superseded or
repealed by a separate resolution adopted by the City Council.
7 Publication. The City Clerk shall cause this Resolution and to be published in
electronic form on the City of National City's website, in physical form for public
inspection at City Hall and at least two other public places within the City of
National City and in any other manner required by law.
PASSED and ADOPTED on this 7th day of May, 2019.
Alejandra Sotelo-Solis, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Angil P. Morris -Jones, City Attorney
256 of 348
CC/CDC-HA Agenda
4/16/2019 — Page 257
The following page(s) contain the backup material for Agenda Item: Public Hearing and
Introduction of an Ordinance of the City Council of the City of National City amending
section 18.30.220 of the National City Municipal Code for the regulation of small
wireless facilities and other infrastructure deployment. (City Attorney) **Companion
Item #18 * *
Please scroll down to view the backup material.
257 of 348
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: April 16, 2019
AGENDA ITEM NO.
ITEM TITLE: Public Hearing and Introduction of an Ordinance of the City Council of the City of
National City amending section 18.30.220 of the National City Municipal Code for the regulation of
small wireless facilities and other infrastructure deployment.
PREPARED BY: Roberto M. Contreras
PHONE: Ext.4412
EXPLANATION:
Please see attached staff report.
DEPARTMENT: City Attorney
APPROVED BY:
FINANCIAL STATEMENT:
ACCOUNT NO.
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1) Staff Report
2) Proposed Ordinance
258 of 348
+0- CALIFORNIA
NATIONAL Ci `Y
OFFICE OF NATIONAL CITY ATTORNEY
STAFF REPORT
DATE: April 16, 2019
TO: Mayor and City Councilmembers
FROM: Roberto M. Contreras, Deputy City Attorney
SUBJECT: Public Hearing and Introduction of an Ordinance of the City Council of the
City of National City amending section 18.30.220 of the National City
Municipal Code for the regulation of small wireless facilities and other
infrastructure deployment
Staff Recommendation
Staff recommends that the City Council introduce an ordinance to amend section
18.30.220 of the National City Municipal Code to regulate the City Council policy on the
deployment of small wireless facilities and other infrastructure deployments in the public
rights -of -way.
History
The City Council initiated an amendment on January 16, 2018 related to wireless
communication facilities located in the City of National City's ("City") right-of-way. The
amendment intended to exempt City -licensed facilities from the Conditional Use Permit
(CUP) process and substitute a "license agreement" process where design and
placement standards would be regulated. The Planning Commission held a public
hearing on February 5, 2018 and recommended approval of the amendment to the City
Council by a vote of five to two. At the following City Council meeting, based on public
concerns, the Council voted unanimously to hold a community meeting at a later date to
address potential concerns and process.
In the interim, the Federal Communications Commission (FCC) adopted new preemptive
regulations applicable to all small wireless facilities whether located on a City -owned pole
or not. As a result, staff prepared proposed regulations that would be applicable to all
small wireless facilities in the public rights -of -way. The FCC's new regulations will become
fully effective on April 15, 2019. A town hall meeting on small facilities was held on March
259 of 348
April 16, 2019
Page 2
12, 2019 where the proposed amendment and proposed regulations were considered by
community and industry stakeholders. The Planning Commission similarly considered the
proposed amendment and regulations on March 25, 2019 and recommended City
Council approval.
Overview
California Public Utilities Code § 7901 grants certain telephone corporations a so called
"statewide franchise" to deploy facilities along public roads or highways to the extent the
deployment would not incommode the public use of the right-of-way. On April 4, 2019,
the California Supreme Court reaffirmed that § 7901 preserves local discretion to
regulate the aesthetics of these deployments. Consistent with state law, Section
18.30.220 ("Telecommunications facilities") of the City's Municipal Code regulates the
placement and use of wireless telecommunications facilities and antenna installation
within the City. This section requires a CUP for all such facilities.
Several wireless providers have recently expressed interest in locating "small wireless
facilities" on City -owned poles. These poles, along with other utility poles, can serve as
an antenna support structure to provide advanced wireless services. However, given
that § 7901 grants providers the right to occupy the right-of-way for their facilities,
foreclosing the opportunity to license City -owned poles would increase the likelihood
that wireless providers would be entitled to install new standalone poles to provide
services.
Over the past several years, changes in federal and state law have significantly affected
the City's authority to regulate such wireless facilities. These changes include stricter
timeframes and limitations on application reviews, new regulatory classifications for
collocations and modifications to existing facilities, and even automatic approvals under
certain circumstances.
Rulemaking proceedings at the Federal Communications Commission (FCC) on
September 27, 2018 largely reduced cities' authority to regulate small wireless facilities
(or "small cells"). For example, the September 27th Order established presumptively
reasonable annual license fees cities could charge at $270 per installation, per year,
reduced discretion regarding aesthetic and design requirements, and created new,
shorter deadlines for approving applications to deploy small cells in the right of way.
260 of 348
April 16, 2019
Page 3
These new FCC regulations are applicable to all small wireless facilities whether such
facilities are located on a City -owned pole or not. As a result, staff recommends that the
City adopt new regulations for all small wireless facilities in the public rights -of -way.
Staff supports a more streamlined process for small wireless facilities that does not
require a CUP. The shorter timeframes for local review mandated by the FCC effectively
preclude the City from completing the CUP process without risking exposure to litigation
for a failure to act in a timely manner. For example, the new FCC timeframe to review an
application for a wireless attachment to an existing structure, including the time for
appeals, is 60 days. Providing a public hearing to decide the merits of a small cell
application, or a public hearing on appeal, is incompatible with the new rules, as the City
could not reliably complete the required CUP process in the allotted time.
As a substitute to the formal CUP process, the amendment will require an administrative
approval and will include standard design and placement guidelines, application
requirements and operation and maintenance conditions. These new regulations will
also be more easily and quickly amended as the applicable laws and technology
continue to change. Likewise, the new regulations can be quickly repealed if pending
challenges to the FCC's rules are successful. Streamlining the process for facilities on
all poles in the public rights -of -way would preserve the City's discretionary authority to the
maximum extent permitted by law and allow the City to respond more quickly to future
state or federal preemption.
Proposed Amendment
In order to exempt small wireless facilities from the current CUP process, and provide
enforceable standards and procedures for application review, but still allow for design
and placement review, staff suggests adding Section 18.30.220.(H) to the National
City Municipal Code to read as follows:
H. Notwithstanding any other provision of this section, all "small
wireless facilities" as defined by the FCC in 47 C.F.R. § 1.6002(1),
as may be amended or superseded, shall be subject to permits and
other requirements as specified in City Council Policy No. [to be
determined], which is adopted and may be amended or repealed
by a City Council resolution. If City Council Policy No. [to be
determined] is repealed and not replaced, an application for a
small wireless facility shall be processed pursuant to this section.
261 of 348
April 16, 2019
Page 4
This change would allow for small wireless facilities and other infrastructure
deployments to be located in the City right-of-way through a flexible policy document
that can be amended to adapt to constantly evolving regulations and technology
related to small wireless facilities. Moreover, the policy would provide for an
administrative permitting procedure to comply with the federal timeframes for
processing small wireless facility applications. Small wireless facilities located on City -
owned infrastructure would still require a license agreement.
Findings
There are generally two findings for approval of a Code Amendment, one related to
General Plan consistency and one related to compliance with the California
Environmental Quality Act (CEQA).
• The requested amendment is consistent with the General Plan, as Policy E-3.3
encourages access to wireless internet connections, computers, and other forms
of communication technology. The small wireless facilities would provide the
enhanced capacity internet/cellular data and standard cellphone services.
• Pursuant to California Public Resources Code § 21065 and the California
Environmental Quality Act ("CEQA") Guidelines § 15378, this ordinance
amendment is not a "project" because its adoption is not an activity that has the
potential for a direct physical change or reasonably foreseeable indirect physical
change in the environment. Accordingly, this amendment is not subject to CEQA.
Even if this amendment qualified as a "project" subject to CEQA, pursuant to
CEQA Guidelines § 15061(b)(3), there is no possibility that this project will have
a significant impact on the physical environment. This ordinance amendment
merely amends the National City Municipal Code to authorize the City Council to
regulate small wireless facilities and other infrastructure deployments. The
amendment does not directly or indirectly authorize or approve any actual
changes in the physical environment. Applications for any new small wireless
facility or other infrastructure deployment, and/or change to an existing small
wireless facility or other infrastructure deployment, would be subject to additional
environmental review on a case -by -case basis.
262 of 348
April 16, 2019
Page 5
Two additional findings are included as follows:
• Given the rapid and substantial changes in applicable law, the active and
effective federal prohibition on reasonable moratorium ordinances to allow local
public agencies to study these changes and develop appropriate responses and
the significant adverse consequences for noncompliance with these changes in
applicable law, the City Council finds that the proposed Amendment allows for
greater flexibility and responsiveness to new federal and State laws in order to
preserve the City's traditional authority to the maximum extent practicable.
• Recent changes in federal law effectively limit local governments from exercising
full zoning controls over small wireless facilities and generally require that the
regulations for small wireless facilities be no more burdensome than those
applied to other infrastructure deployments. The proposed Amendment would
comply with the recent changes in federal law by providing reasonable aesthetic
regulations and a review and approval process for such facilities within the City
that is consistent with the new, shorter timeframes to act on a permit application.
The proposed Amendment would also instruct City officials to use the standards
in the proposed Amendment as guidelines for other infrastructure deployments
to the extent not specifically prohibited by applicable law.
Summary
An amendment to the City's existing regulations for wireless facilities is necessary for
compliance with new FCC rules. Staff believes that the proposed amendments to regulate
small wireless facilities in the City right-of-way would preserve the City's discretionary
authority to the maximum extent permitted by law and allow the City to respond more
quickly to future state or federal preemption. Accordingly, staff recommends that the
proposed amendment to the Land Use Code (LUC) be approved in order to achieve this
goal.
ATTACHMENTS
1. Ordinance Amending NCMC Section 18.30.220
263 of 348
ORDINANCE NO. 2019 -
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY AMENDING SECTION 18.30.220 OF THE
NATIONAL CITY MUNICIPAL CODE FOR THE
REGULATION OF SMALL WIRELESS FACILITIES AND
OTHER INFRASTRUCTURE DEPLOYMENTS
WHEREAS, pursuant to the California Constitution, Article XI, section 7;
California Government Code section 37100 and other applicable law, the City Council
may make and enforce within its limits all local, police, sanitary and other ordinances,
resolutions and other regulations not in conflict with general laws.
WHEREAS, the City currently regulates all "wireless telecommunication
facilities" under Municipal Code § 18.30.220, which requires a use permit and design
review for all applications. The provisions in § 18.30.220 are generally applicable and do
not distinguish between facilities on private property and those within the public rights -of -
way.
WHEREAS, since the City Council last amended its regulations for wireless
facilities, significant changes in federal laws that affect local authority over personal
wireless service facilities and other related infrastructure deployments have occurred,
including, but not limited to, the following:
• On August 2, 2018, the Federal Communications Commission ("FCC") adopted a
Third Report & Order and Declaratory Ruling in the rulemaking proceeding titled
Accelerating Wireline and Wireless Broadband Deployment by Removing Barriers
to Infrastructure Investment, 33 FCC Rcd. 7705 (rel. Aug. 3, 2018) (the "August
Order"), that formally prohibited express and de facto moratoria for all personal
wireless services, telecommunications services and their related facilities under 47
U.S.C. § 253(a) and directed the Wireless Telecommunications Bureau and
Wireline Competition Bureau to hear and resolve all complaints on an expedited
basis; and
• On September 26, 2018, the FCC adopted a Declaratory Ruling and Third Report
and Order in the same rulemaking proceeding, --- FCC Rcd. ---, FCC 18-133 (rel.
Sep. 27, 2018) (the "September Order"), which, among many other things, creates
a new regulatory classification for small wireless facilities, alters existing "shot
clock" regulations to require local public agencies to do more in less time,
establishes a national standard for an effective prohibition that replaces the
existing "significant gap" test adopted by the United States Court of Appeals for
the Ninth Circuit and provides that a failure to act within the applicable timeframe
presumptively constitutes an effective prohibition.
Ordinance No. 2019- 1
April 16, 2019
Amending NCMC 18.30.220
264 of 348
WHEREAS, in addition to the changes described above, local authority may
be further impacted by other pending legislative, judicial and regulatory proceedings,
including but not limited to:
• The "STREAMLINE Small Cell Deployment Act" (S. 3157) proposed by Senator
John Thune that, among other things, would apply specifically to "small wireless
facilities" and require local governments to review applications based on objective
standards, shorten the shot clock timeframes, require all local undertakings to
occur within the shot clock timeframes and provide a "deemed granted" remedy
for failure to act within the applicable shot clock; and
• Further orders and/or declaratory rulings by the FCC from the same rulemaking
proceeding as the August Order and September Order; and
• Multiple petitions for reconsideration and judicial review filed by state and local
governments against the August Order and September Order, which could cause
the rules in either order to change or be invalidated.
WHEREAS, given the rapid and substantial changes in applicable law, the
active and effective federal prohibition on reasonable moratorium ordinances to allow
local public agencies to study these changes and develop appropriate responses and the
significant adverse consequences for noncompliance with these changes in applicable
law, the City Council desires to amend § 18.30.220 to allow greater flexibility and
responsiveness to new federal and State laws in order to preserve the City's traditional
authority to the maximum extent practicable (the "Amendment").
WHEREAS, on March 25, 2019, the Planning Commission held a duly
noticed public hearing on the Amendment, reviewed and considered the staff report, other
written reports, public testimony and other information contained in the record, and
recommended that the City Council adopt the Amendment;
WHEREAS, on April 16, 2019 and May 7, 2019, the City Council held a duly
noticed public hearing on the proposed Amendment, reviewed and considered the staff
report, other written reports, public testimony and other information contained in the
record.
NOW, THEREFORE, the City Council of the City of National City hereby
finds, determines and ordains as follows:
SECTION 1. FINDINGS.
The City Council finds that:
A. The facts set forth in the recitals are true and correct and incorporated herein by
this reference. The recitals constitute findings in this matter and, together with the
Ordinance No. 2019- 2
April 16, 2019
Amending NCMC 18.30.220
265 of 348
staff report, other written reports, public testimony and other information contained
in the record, are an adequate and appropriate evidentiary basis for the actions
taken in this Ordinance.
B. This Ordinance is consistent with the General Plan, Municipal Code and applicable
federal and state law.
C. This Ordinance will not be detrimental to the public interest, health, safety,
convenience or welfare.
SECTION 2. ENVIRONMENTAL REVIEW.
Pursuant to California Public Resources Code § 21065 and the California Environmental
Quality Act ("CEQA") Guidelines § 15378, the City Council finds that this Ordinance is not
a "project" because its adoption is not an activity that has the potential for a direct physical
change or reasonably foreseeable indirect physical change in the environment.
Accordingly, this Ordinance is not subject to CEQA.
Even if this Ordinance qualified as a "project" subject to CEQA, the City Council finds that,
pursuant to CEQA Guidelines § 15061(b)(3), there is no possibility that this project will
have a significant impact on the physical environment. This Ordinance merely amends §
18.30.220 to authorize the City Council to regulate small wireless facilities and other
infrastructure deployments. This Ordinance does not directly or indirectly authorize or
approve any actual changes in the physical environment. Applications for any new small
wireless facility or other infrastructure deployment, and/or change to an existing small
wireless facility or other infrastructure deployment, would be subject to additional
environmental review on a case -by -case basis. Accordingly, the City Council finds that
this Ordinance would be exempt from CEQA under the general rule.
SECTION 3. AMENDMENT TO SECTION 18.30.220 OF THE NATIONAL CITY
MUNICIPAL CODE.
Section 18.30.220.H is added to the National City Municipal Code and shall read as
follows:
H. Notwithstanding any other provision of this section, all "small wireless
facilities" as defined by the FCC in 47 C.F.R. § 1.6002(1), as may be
amended or superseded, shall be subject to permits and other
requirements as specified in City Council Policy No. , which is
adopted and may be amended or repealed by a City Council
resolution. If City Council Policy No. is repealed and not
replaced, an application for a small wireless facility shall be
processed pursuant to this section.
Ordinance No. 2019- 3
April 16, 2019
Amending NCMC 18.30.220
266 of 348
SECTION 4. CONFLICTS WITH PRIOR ORDINANCES.
If the provisions in this Ordinance conflict in whole or in part with any other City regulation
or ordinance adopted prior to the effective date, the provisions in this Ordinance will
control.
SECTION 5. SEVERABILITY.
If any section, subsection, paragraph, sentence, clause, phrase or term (each a
"Provision") in this Ordinance, or any Provision's application to any person or
circumstance, is held illegal, invalid or unconstitutional by a court of competent
jurisdiction, all other Provisions not held illegal, invalid or unconstitutional, or such
Provision's application to other persons or circumstances, shall not be affected. The City
Council declares that it would have passed this Ordinance, and each Provision therein,
whether any one or more Provisions be declared illegal, invalid or unconstitutional.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall become effective 30 days after its passage and adoption.
SECTION 7. PUBLICATION.
No later than 15 days after its adoption, this Ordinance (or a summary) together with the
names of each City Council members who voted for or against this Ordinance shall be
published in the manner required by law.
PASSED and ADOPTED this 7th day of May, 2019.
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney
Ordinance No. 2019- 4
April 16, 2019
Alejandra Sotelo-Solis, Mayor
Amending NCMC 18.30.220
267 of 348
CC/CDC-HA Agenda
4/16/2019 — Page 268
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City authorizing the Mayor to execute a First
Amendment to the Agreement with NV5, Inc., increasing the not -to -exceed amount by
$250,000 (25% increase) for a total of $1,250,000, extending the term of the Agreement
by one year to June 19, 2020, to provide on -call project support services for National
City's Capital Improvement Program (CIP), including, but not limited to, project
management; engineering; construction management, inspections and certified payroll;
plan reviews; constructability reviews; land surveying; environmental assessments;
geotechnical; ADA compliance; GIS; utility design and coordination; construction
support; community outreach and communications. (Engineering/Public Works)
Please scroll down to view the backup material.
268 of 348
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: April 16, 2019
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City authorizing the Mayor to execute a First Amendment
to the Agreement with NV5, Inc., increasing the not -to -exceed amount by $250,000 (25% increase) for a total of
$1,250,000, extending the term of the Agreement by one year to June 19, 2020, to provide on -call project
support services for National City's Capital Improvement Program (CIP), including, but not limited to, project
management; engineering; construction management, inspections and certified payroll; plan reviews;
constructability reviews; land surveying; environmental assessments; geotechnical; ADA compliance; GIS;
utility design and coordination; construction support; community outreach and communications.
PREPARED BY: Roberto Yano
PHONE: 619-336-4383
EXPLANATION:
See attached.
DEPARTMENT: Engir ring/Public Works
APPROVED BY:
FINANCIAL STATEMENT: APPROVED: 71r '' Finance
ACCOUNT NO. APPROVED: MIS
Funds are appropriated in various CIP accounts for FY 2019 and will be encumbered on an as -needed
basis.
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Adopt Resolution executing a First Amendment to the Agreement with NV5, Inc.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Explanation
2. First Amendment to Agreement
3. Resolution
269 of 34`
Explanation:
On June 20, 2017, per City Council Resolution No. 2017-130, the City of National City
entered into an Agreement with NV5, Inc. to provide on -call support services for
National City's Capital Improvement Program (CIP), including, but not limited to, project
management; engineering; construction management, inspections and certified payroll;
plan reviews; constructability reviews; land surveying; environmental assessments;
geotechnical; ADA compliance; GIS; utility design and coordination; construction
support; comrnunity outreach and communications. The original Agreement is for a not -
to -exceed amount of $1,000,000 and a term of two years, with the option to extend for
an additional period of up to one year.
Both parties desire to execute the option to extend the term of the Agreement for one
year to June 19, 2020, to allow NV5, Inc. to continue providing CIP support services.
This amendment will also increase the not to exceed amount by $250,000 (25%
increase), for a total of $1,250,000. See attached First Amendment to Agreement.
Funds are appropriated in various CIP accounts and will be encumbered on an as -
needed basis.
270 of 348
FIRST AMENDMENT TO AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND NV5, INC
This First Amendment to the Agreement is entered Into this 16th day of April, 2019
by and between the City of National City, a municipal corporation ("CITY"), and NV5, Inc„
a corporation (the "CONSULTANT").
RECITALS
WHEREAS, on February 2, 2017, the Engineering & Public Works Department
advertised a Request for Qualifications (RFQ) for on -call project support services for
National City's Capital Improvement Program (CIP); and
WHEREAS, on March 6, 2017, the CONSULTANT submitted a Statement of
Qualifications (SOQ) in response to the RFQ, consistent with the requirements of the RFQ;
and
WHEREAS, based on evaluation of the CONSULTANT'S SOQ and interview, the
City Engineer made a determination that the CONSULTANT is qualified by experience and
ability to perform the services desired by the CITY; and
WHEREAS, the CITY and the CONSULTANT entered into an Agreement on June
20, 2017, (the "Agreement") through the adoption of City Council Resolution No. 2017-130,
wherein the CONSULTANT agreed to provide on -call project support services for National
City's CIP, including, but not limited to, project management; engineering; construction
management, inspections and certified payroll; plan reviews; constructability reviews; land
surveying; environmental assessments; geotechnical; ADA compliance; GIS; utility design
and coordination; construction support; community outreach and communications; and
WHEREAS, the Agreement had a not -to -exceed amount of $1,000,000 and a term
of two years, with the option to extend for an additional period of up to one year; and
WHEREAS, based on the CONSULTANT'S performance and quality of work, and to
ensure timely completion of Capital Improvement Projects, the CITY desires to have the
CONSULTANT continue providing on -call project support services for National City's CIP,
and the CONSULTANT is willing to perform such services.
271 of 348
AGREEMENT
NOW, THEREFORE, the parties agree to amend the Agreement entered into on
June 20, 2017, as follows:
1. Increase the not -to -exceed amount by $250,000 (25% increase), for a total
Agreement amount of $1,250,000.
2. Extend the term of the Agreement to June 19, 2020.
3. The parties further agree that other than the foregoing amendment, each and
every term and provision of the Agreement dated June 20, 2017, shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to
Agreement on the date and year first above written.
CITY OF NATIONAL CITY NV5, INC.
By: B
Alejandra Sotelo-Solis, Mayor
APPROVED AS TO FORM:
Angil P. Morris -Jones
National City Attorney
ary Jo Obri
Chief Administrative Officer
Carmen Kasner
Regional Managing Director
272 of 348
RESOLUTION NO. 2019 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING
THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH NV5, INC.,
INCREASING THE NOT -TO -EXCEED AMOUNT BY $250,000 (25% INCREASE) FOR A
TOTAL OF $1,250,000, EXTENDING THE TERM OF THE AGREEMENT BY ONE YEAR TO
JUNE 19, 2020, TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL
CITY'S CAPITAL IMPROVEMENT PROGRAM (CIP), INCLUDING, BUT NOT LIMITED TO,
PROJECT MANAGEMENT, ENGINEERING, CONSTRUCTION MANAGEMENT,
INSPECTIONS AND CERTIFIED PAYROLL, PLAN REVIEWS, CONSTRUCTABILITY
REVIEWS, LAND SURVEYING ENVIRONMENTAL ASSESSMENTS, GEOTECHNICAL, ADA
COMPLIANCE, GIS, UTILITY DESIGN AND COORDINATION, CONSTRUCTION SUPPORT,
COMMUNITY OUTREACH AND COMMUNICATIONS
WHEREAS, On June 20, 2017, per City Council Resolution No. 2017-130, the
City of National City entered into an Agreement with NV5, Inc. to provide on -call support
services for National City's Capital Improvement Program (CIP), including, but not limited to,
project management; engineering; construction management, inspections and certified payroll;
plan reviews; constructability reviews; land surveying; environmental assessments;
geotechnical; ADA compliance; GIS; utility design and coordination; construction support;
community outreach and communications for a not to exceed amount of $1,000,000 and a term
of two years, with the option to extend for an additional period of up to one year; and
WHEREAS, the City and NV5, Inc. desire to execute the option to extend the
term of the Agreement for one year to June 19, 2020, to allow NV5, Inc. to continue providing
CIP support services for the not to exceed increased amount of $250,000 and a total not to
exceed Agreement amount of $1,250,000.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute the First Amendment to the Agreement
between the City of National City and NV5, Inc., to extend the term of the Agreement for one
year, ending June 19, 2020, to allow NV5, Inc. to continue providing CIP support services for an
increased not to exceed amount of $250,000 and a total not -to -exceed Agreement amount of
$1,250,000.
PASSED and ADOPTED this 16th day of April, 2019.
Alejandra Sotelo-Solis, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney
273 of 348
CC/CDC-HA Agenda
4/16/2019 — Page 274
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City authorizing the Mayor to execute a First
Amendment to the Agreement with STC Traffic, Inc., increasing the not -to -exceed
amount by $500,000 (25% increase) for a total of $2,500,000, extending the term of the
Agreement by one year to June 5, 2020, to provide on -call project support services for
National City's Capital Improvement Program (CIP), including, but not limited to,
project management; engineering; architecture; construction management and
inspections; traffic signal communications infrastructure and systems integration; land
surveying; environmental assessments; geotechnical; construction support; plan reviews;
community outreach and communications. (Engineering/Public Works)
Please scroll down to view the backup material.
274 of 348
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: April 16, 2019
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City authorizing the Mayor to execute a First Amendment
to the Agreement with STC Traffic, Inc., increasing the not -to -exceed amount by $500,000 (25% increase) for a
total of $2,500,000, extending the term of the Agreement by one year to June 5, 2020, to provide on -call project
support services for National City's Capital Improvement Program (CIP), including, but not limited to, project
management; engineering; architecture; construction management and inspections; traffic signal
communications infrastructure and systems integration; land surveying; environmental assessments;
geotechnical; construction support; plan reviews; community outreach and communications.
PREPARED BY: Roberto Yano
PHONE: 619-336-4383
EXPLANATION:
See attached.
DEPARTMENT: E
APPROVED BY:
e-ring/Public Works
FINANCIAL STATEMENT:
ACCOUNT NO.
APPROVED: ��,�.-Q�ai Finance
MIS
APPROVED:
Funds are appropriated in various CIP accounts for FY 2019 and will be encumbered on an as -needed
basis.
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Adopt Resolution executing a First Amendment to the Agreement with STC Traffic, Inc..
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Explanation
2. First Amendment to Agreement
3. Resolution
GI J VI J'tC3
Explanation:
On June 6, 2017, per City Council Resolution No. 2017-90, the City of National City
entered into an Agreement with STC Traffic, Inc. to provide on -call support services for
National City's Capital Improvement Program (CIP), including, but not limited to, project
management; engineering; architecture; construction management and inspections;
traffic signal communications infrastructure and systems integration; land surveying;
environmental assessments; geotechnical; construction support; plan reviews;
community outreach and communications. The original Agreement is for a not -to -
exceed amount of $2,000,000 and a term of two years, with the option to extend for an
additional period of up to one year.
Both parties desire to execute the option to extend the term of the Agreement for one
year to June 5, 2020, to allow STC Traffic, Inc. to continue providing CIP support
services. This amendment will also increase the not -to exceed amount by $500,000
(25% increase), for a total of $2,500,000. See attached First Amendment to Agreement.
Funds are appropriated in various CIP accounts and will be encumbered on an as -
needed basis.
276 of 348
FIRST AMENDMENT TO AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND STC TRAFFIC, INC
This First Amendment to the Agreement is entered into this 16th day of April, 2019
by and between the City of National City, a municipal corporation ("CITY"), and STC
Traffic, Inc., a corporation (the "CONSULTANT").
RECITALS
WHEREAS,, on February 2, 2017, the Engineering & Public Works Department
advertised a Request for Qualifications (RFQ) for on -call project support services for
National City's Capital improvement Program (CIP); and
WHEREAS, on March 6, 2017, the CONSULTANT submitted a Statement of
Qualifications (SOQ) in response to the RFQ, consistent with the requirements of the RFQ;
and
WHEREAS, based on evaluation of the CONSULTANT'S SOQ and interview, the
City Engineer made a determination that the CONSULTANT is qualified by experience and
ability to perform the services desired by the CITY; and
WHEREAS, the CITY and the CONSULTANT entered into an Agreement on June
6, 2017, (the "Agreement") through the adoption of City Council Resolution No. 2017-90,
wherein the CONSULTANT agreed to provide on -call project support services for National
City's CIP, including, but not limited to, project management; engineering; architecture;
construction management and inspections; traffic signal communications infrastructure and
systems integration; land surveying; environmental assessments; geotechnical;
construction support; plan reviews; community outreach and communications; and
WHEREAS, the Agreement had a not -to -exceed amount of $2,000,000 and a term
of two years, with the option to extend for an additional period of up to one year; and
WHEREAS, based on the CONSULTANT'S performance and quality of work, and to
ensure timely completion of Capital Improvement Projects, the CITY desires to have the
CONSULTANT continue providing on -call project support services for National City's CIP,
and the CONSULTANT is willing to perform such services.
111
111
11!
277 of 348
AGREEMENT
NOW, THEREFORE, the parties agree to amend the Agreement entered into on
June 6, 2017, as follows:
1. Increase the not -to -exceed amount by $500,000 (25% increase), for a total
Agreement amount of $2,500,000.
2. Extend the term of the Agreement to June 5, 2020.
3. The parties further agree that other than the foregoing amendment, each and
every term and provision of the Agreement dated June 6, 2017, shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to
Agreement on the date and year first above written.
CITY OF NATIONAL CITY STC TRAFFIC, INC.
By:
Alejandra Sotelo-Solis, Mayor
APPROVED AS TO FORM:
Angil P. Morris -Jones
National City Attorney
Jason Stack, President
By: / i 91;(4._
Morna Stack, CFO
278 of 348
RESOLUTION NO. 2019 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING
THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH STC
TRAFFIC, INC., INCREASING THE NOT -TO -EXCEED AMOUNT BY $500,000
(25% INCREASE) FOR A TOTAL OF $2,500,000, EXTENDING THE TERM OF THE
AGREEMENT BY ONE YEAR TO JUNE 5, 2020, TO PROVIDE ON -CALL PROJECT
SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM (CIP),
INCLUDING, BUT NOT LIMITED TO, PROJECT MANAGEMENT, ENGINEERING,
ARCHITECTURE, CONSTRUCTION MANAGEMENT AND INSPECTIONS, TRAFFIC SIGNAL
COMMUNICATIONS INFRASTRUCTURE AND SYSTEMS INTEGRATION, LAND
SURVEYING, ENVIRONMENTAL ASSESSMENTS, GEOTECHNICAL, CONSTRUCTION
SUPPORT, PLAN REVIEWS, COMMUNITY OUTREACH AND COMMUNICATIONS
WHEREAS, On June 6, 2017, per City Council Resolution No. 2017-90, the City
of National City entered into an Agreement with STC Traffic, Inc. to provide on -call support
services for National City's Capital Improvement Program (CIP), including, but not limited to,
project management; engineering; architecture; construction management and inspections;
traffic signal communications infrastructure and systems integration; land surveying;
environmental assessments; geotechnical; construction support; plan reviews; community
outreach and communication for a not to exceed amount of $2,000,000 and a term of two years,
with the option to extend for an additional period of up to one year; and
WHEREAS, the City and STC Traffic Inc. desire to execute the option to extend
the term of the Agreement for one year to June 5, 2020, to allow STC Traffic Inc. to continue
providing CIP support services for the not to exceed increased amount of $500,000 and a total
not to exceed Agreement amount of $2,500,000.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute the First Amendment to the Agreement
between the City of National City and STC Traffic, Inc., to extend the term of the Agreement for
one year, ending June 5, 2020, to allow STC Traffic Inc. to continue providing CIP support
services for an increased not to exceed amount of $500,000 and a total not to exceed
Agreement amount of $2,500,000.
PASSED and ADOPTED this 16th day of April, 2019.
Alejandra Sotelo-Solis, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney
279 of 348
CC/CDC-HA Agenda
4/16/2019 — Page 280
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City authorizing the Mayor to execute a First
Amendment to the Agreement with Project Professionals Corporation, increasing the not -
to -exceed amount by $500,000 (25% increase) for a total of $2,500,000, extending the
term of the Agreement by one year to June 5, 2020, to provide on -call project support
services for National City's Capital Improvement Program (CIP), including, but not
limited to, project management; engineering; construction management, inspections and
certified payroll; plan reviews; constructability reviews; community outreach and
communications. (Engineering/Public Works)
Please scroll down to view the backup material.
280 of 348
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: April 16, 2019
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City authorizing the Mayor to execute a First Amendment
to the Agreement with Project Professionals Corporation, increasing the not -to -exceed amount by $500,000
(25% increase) for a total of $2,500,000, extending the term of the Agreement by one year to June 5, 2020, to
provide on -call project support services for National City's Capital Improvement Program (CIP), including, but
not limited to, project management; engineering; construction management, inspections and certified payroll;
plan reviews; constructability reviews; community outreach and communications.
PREPARED BY: Roberto Yano
PHONE: 619-336-4383
EXPLANATION:
See attached.
DEPARTMENT: En
APPROVED BY:
ring/Public Works
FINANCIAL STATEMENT: APPROVED: /�l//cz;l�� Finance
-T
ACCOUNT NO. APPROVED: MIS
Funds are appropriated in various CIP accounts for FY 2019 and will be encumbered on an as -needed
basis.
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Adopt Resolution executing a First Amendment to the Agreement with Project Professionals
Corporation.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Explanation
2. First Amendment to Agreement
3. Resolution
281 of 348
Explanation:
On June 6, 2017, per City Council Resolution No. 2017-88, the City of National City
entered into an Agreement with Project Professionals Corporation, to provide on -call
support services for National City's Capital Improvement Program (CIP), including, but
not limited to, project management; engineering; construction management, inspections
and certified payroll; plan reviews; constructability reviews; community outreach and
communications. The original Agreement is for a not -to -exceed amount of $2,000,000
and a term of two years, with the option to extend for an additional period of up to one
year.
Both parties desire to execute the option to extend the term of the Agreement for one
year to June 5, 2020, to allow Project Professionals Corporation to continue providing
CIP support services. This amendment will also increase the not -to exceed amount by
$500,000 (25% increase), for a total of $2,500,000. See attached First Amendment to
Agreement.
Funds are appropriated in various CIP accounts and will be encumbered on an as -
needed basis.
282 of 348
FIRST AMENDMENT TO AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
PROJECT PROFESSIONALS
CORPORATION
This First Amendment to the Agreement is entered into this 16th day of April, 2019
by and between the City of National City, a municipal corporation ("CITY"), and Project
Professionals Corporation, a corporation (the "CONSULTANT").
RECITALS
WHEREAS, on February 2, 2017, the Engineering & Public Works Department
advertised a Request for Qualifications (RFQ) for on -call project support services for
National City's Capital Improvement Program (CIP); and
WHEREAS, on March 6, 2017, the CONSULTANT submitted a Statement of
Qualifications (SOQ) in response to the RFQ, consistent with the requirements of the RFQ;
and
WHEREAS, based on evaluation of the CONSULTANT'S SOQ and interview, the
City Engineer made a determination that the CONSULTANT is qualified by experience and
ability to perform the services desired by the CITY; and
WHEREAS, the CITY and the CONSULTANT entered into an Agreement on June
6, 2017, (the "Agreement") through the adoption of City Council Resolution No. 2017-88,
wherein the CONSULTANT agreed to provide on -call project support services for National
City's CIP, including, but not limited to, project management; engineering; construction
management, inspections and certified payroll; plan reviews; constructability reviews;
community outreach and communications; and
WHEREAS, the Agreement had a not -to -exceed amount of $2,000,000 and a term
of two years, with the option to extend for an additional period of up to one year; and
WHEREAS, based on the CONSULTANT'S performance and quality of work, and to
ensure timely completion of Capital Improvement Projects, the CITY desires to have the
CONSULTANT continue providing on -call project support services for National City's CIP,
and the CONSULTANT is willing to perform such services.
Ill
Ill
283 of 348
AGREEMENT
NOW, THEREFORE, the parties agree to amend the Agreement entered into on
June 6, 2017, as follows:
1. Increase the not -to -exceed amount by $500,000 (25% increase), for a total
Agreement amount of $2,500,000.
2. Extend the term of the Agreement to June 5, 2020.
3. The parties further agree that other than the foregoing amendment, each and
every term and provision of the Agreement dated June 6, 2017, shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to
Agreement on the date and year first above written.
CITY OF NATIONAL CITY PROJECT PROFESSIONALS
CORPORATION
By:
Alejandra Sotelo-Solis, Mayor
APPROVED AS TO FORM:
Angil P. Morris -Jones
National City Attorney
By:
Byro 'Wade, President/CEO
i
'C
By:
Leanne Wade, CFO
284 of 348
RESOLUTION NO. 2019 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING
THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH PROJECT
PROFESSIONALS CORPORATION, INCREASING THE NOT -TO -EXCEED AMOUNT BY
$500,000 (25% INCREASE) FOR A TOTAL OF $2,500,000, EXTENDING THE TERM OF THE
AGREEMENT BY ONE YEAR TO JUNE 5, 2020, TO PROVIDE ON -CALL PROJECT
SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM (CIP),
INCLUDING, BUT NOT LIMITED TO, PROJECT MANAGEMENT, ENGINEERING,
CONSTRUCTION MANAGEMENT, INSPECTIONS AND CERTIFIED PAYROLL, PLAN
REVIEWS, CONSTRUCTABILITY REVIEWS, COMMUNITY OUTREACH AND
COMMUNICATIONS
WHEREAS, on June 6, 2017, per City Council Resolution No. 2017-88, the City
of National City entered into an Agreement with Project Professionals Corporation, to provide
on -call support services for National City's Capital Improvement Program (CIP), including, but
not limited to, project management; engineering; construction management, inspections and
certified payroll; plan reviews; constructability reviews; community outreach and
communications for a not to exceed amount of $2,000,000 and a term of two years, with the
option to extend for an additional period of up to one year; and
WHEREAS, the City and Project Professionals Corporation desire to execute the
option to extend the term of the Agreement for one year to June 5, 2020, to allow Project
Professionals Corporation to continue providing CIP support services for the not to exceed
increased amount of $500,000 and a total not to exceed Agreement amount of $2,500,000.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute the First Amendment to the Agreement
between the City of National City and Project Professionals Corporation to extend the term of
the Agreement for one year, ending June 5, 2020, to allow Project Professionals Corporation to
continue providing CIP support services for the not to exceed increased amount of $500,000
and a total not to exceed Agreement amount of $2,500,000.
PASSED and ADOPTED this 16th day of April, 2019.
Alejandra Sotelo-Solis, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney
285 of 348
CC/CDC-HA Agenda
4/16/2019 — Page 286
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City authorizing the Mayor to execute a First
Amendment to the Agreement with Kimley Horn & Associates, Inc., increasing the not -
to -exceed amount by $500,000 (25% increase) for a total of $2,500,000, extending the
term of the Agreement by one year to June 5, 2020, to provide on -call project support
services for National City's Capital Improvement Program (CIP), including, but not
limited to, project management; engineering; architecture; land surveying; environmental
assessments; geotechnical; construction support; plan reviews; community outreach and
communications. (Engineering/Public Works)
Please scroll down to view the backup material.
286 of 348
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: April 16th 2019
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City authorizing the Mayor to execute a First Amendment
to the Agreement with Kimley Horn & Associates, Inc., increasing the not -to -exceed amount by $500,000 (25%
increase) for a total of $2,500,000, extending the term of the Agreement by one year to June 5, 2020, to provide
on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited
to, project management; engineering; architecture; land surveying; environmental assessments; geotechnical;
construction support; plan reviews; community outreach and communications.
PREPARED BY: Roberto Yano
PHONE: 619-336-4383
EXPLANATION:
See attached.
DEPARTMENT: EngSf�ge�ing/Public Works
APPROVED BY:
FINANCIAL STATEMENT: APPROVED: 1/ 1& (c inancc
ACCOUNT NO. APPROVED: MIS
Funds are appropriated in various CIP accounts for FY 2019 and will be encumbered on an as -needed
basis.
ENVIRONMENTAL REVIEW.
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Adopt Resolution executing a First Amendment to the Agreement with Kimley Horn & Associates Inc.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Explanation
2. First Amendment to Agreement
3. Resolution
287 of 348
Explanation:
On June 6, 2017, per City Council Resolution No. 2017-92, the City of National City
entered into an Agreement with Kimley Horn & Associates, Inc. to provide on -call
support services for National City's Capital Improvement Program (CIP), including, but
not limited to, project management; engineering; architecture; land surveying;
environmental assessments; geotechnical; construction support; plan reviews;
community outreach and communications. The original Agreement is for a not -to -
exceed amount of $2,000,000 and a term of two years, with the option to extend for an
additional period of up to one year.
Both parties desire to execute the option to extend the term of the Agreement for one
year to June 5, 2020, to allow Kimley Horn & Associates, Inc. to continue providing CIP
support services. This amendment will also increase the not -to exceed amount by
$500,000 (25% increase), for a total of $2,500,000. See attached First Amendment to
Agreement.
Funds are appropriated in various CIP accounts and will be encumbered on an as -
needed basis.
288 of 348
FIRST AMENDMENT TO AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
KIMLEY-HORN & ASSOCIATES, INC
This First Amendment to the Agreement is entered into this 16th day of April, 2019
by and between the City of National City, a municipal corporation ("CITY"), and Kimley-
Horn & Associates, Inc., a corporation (the "CONSULTANT").
RECITALS
WHEREAS, on February 2, 2017, the Engineering & Public Works Department
advertised a Request for Qualifications (RFQ) for on -call project support services for
National City's Capital Improvement Program (CIP); and
WHEREAS, on March 6, 2017, the CONSULTANT submitted a Statement of
Qualifications (SOQ) in response to the RFQ, consistent with the requirements of the RFQ;
and
WHEREAS, based on evaluation of the CONSULTANT'S SOQ and interview, the
City Engineer made a determination that the CONSULTANT is qualified by experience and
ability to perform the services desired by the CITY; and
WHEREAS, the CITY and the CONSULTANT entered into an Agreement on June
6, 2017, (the "Agreement") through the adoption of City Council Resolution No. 2017-92,
wherein the CONSULTANT agreed to provide on -call project support services for National
City's CIP, including, but not limited to, project management; engineering; architecture;
land surveying; environmental assessments; geotechnical; construction support; plan
reviews; community outreach and communications; and
WHEREAS, the Agreement had a not -to -exceed amount of $2,000,000 and a term
of two years, with the option to extend for an additional period of up to one year; and
WHEREAS, based on the CONSULTANT'S performance and quality of work, and to
ensure timely completion of Capital Improvement Projects, the CITY desires to have the
CONSULTANT continue providing on -call project support services for National City's GIP,
and the CONSULTANT is willing to perform such services.
111
11/
11/
289 of 348
AGREEMENT
NOW, THEREFORE, the parties agree to amend the Agreement entered into on
June 6, 2017, as follows:
1. Increase the not -to -exceed amount by $500,000 (25% increase), for a total
Agreement amount of $2,500,000.
2. Extend the term of the Agreement to June 5, 2020.
3. The parties further agree that other than the foregoing amendment, each and
every term and provision of the Agreement dated June 6, 2017, shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to
Agreement on the date and year first above written.
CITY OF NATIONAL CITY KIMLEY-HORN & ASSOCIATES, INC.
By: By:
Alejandra Sotelo-Solis, Mayor
APPROVED AS TO FORM:
Angil P. Morris -Jones
National City Attorney
Dennis Landaal, Sr. Vice President
By: 0/'' rl' nr\7
Jenfer Koo man, Assistant Secretary
290 of 348
RESOLUTION NO. 2019 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING
THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH KIMLEY
HORN & ASSOCIATES, INC., INCREASING THE NOT -TO -EXCEED AMOUNT BY $500,000
(25% INCREASE) FOR A TOTAL OF $2,500,000, EXTENDING THE TERM OF THE
AGREEMENT BY ONE YEAR TO JUNE 5, 2020, TO PROVIDE ON -CALL PROJECT
SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM (CIP),
INCLUDING, BUT NOT LIMITED TO PROJECT MANAGEMENT, ENGINEERING,
ARCHITECTURE, LAND SURVEYING, ENVIRONMENTAL ASSESSMENTS,
GEOTECHNICAL, CONSTRUCTION SUPPORT, PLAN REVIEWS, COMMUNITY OUTREACH
AND COMMUNICATIONS
WHEREAS, on June 6, 2017, per City Council Resolution No. 2017-92, the City
of National City entered into an Agreement with Kimley Horn & Associates, Inc. to provide on -
call support services for National City's Capital Improvement Program (CIP), including, but not
limited to, project management; engineering; architecture; land surveying; environmental
assessments; geotechnical; construction support; plan reviews; community outreach and
communications for a not -to -exceed amount of $2,000,000 and a term of two years, with the
option to extend for an additional period of up to one year; and
WHEREAS, the City and Kimley Horn & Associates, Inc. desire to execute the
option to extend the term of the Agreement for one year to June 5, 2020, to allow Kimley Horn &
Associates, Inc. to continue providing CIP support services for the not to exceed increased
amount of $500,000 and a total not to exceed Agreement amount of $2,500,000.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute the First Amendment to the Agreement
between the City of National City and Kimley Horn & Associates, Inc. to extend the term of the
Agreement for one year, ending June 5, 2020, to allow Kimley Horn & Associates, Inc. to
continue providing CIP support services for the not to exceed increased amount of $500,000
and a total not to exceed Agreement amount of $2,500,000.
PASSED and ADOPTED this 16th day of April, 2019.
Alejandra Sotelo-Solis, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney
291 of 348
CC/CDC-HA Agenda
4/16/2019 — Page 292
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City authorizing the Mayor to execute a First
Amendment to the Agreement with Innovative Construction Consulting Services, LLC,
increasing the not -to -exceed amount by $500,000 (25% increase) for a total of
$2,500,000, extending the term of the Agreement by one year to June 5, 2020, to provide
on -call project support services for National City's Capital Improvement Program (CIP),
including, but not limited to, project management; engineering; construction
management, inspections and certified payroll; plan reviews; constructability reviews;
community outreach and communications. (Engineering/Public Works)
Please scroll down to view the backup material.
292 of 348
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: April 16, 2019
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City authorizing the Mayor to execute a First Amendment
to the Agreement with Innovative Construction Consulting Services, LLC, increasing the not -to -exceed amount
by $500,000 (25% increase) for a total of $2,500,000, extending the term of the Agreement by one year to June
5, 2020, to provide on -call project support services for National City's Capital Improvement Program (CIP),
including, but not limited to, project management; engineering; construction management, inspections and
certified payroll; plan reviews; constructability reviews; community outreach and communications.
PREPARED BY: Roberto Yano
PHONE: 619-336-4383
EXPLANATION:
See attached.
DEPARTMENT: Engi by tng/Public VVorks
APPROVED BY:
FINANCIAL STATEMENT: APPROVED: ���, • Finance
ACCOUNT NO. APPROVED: MIS
Funds are appropriated in various CIP accounts for FY 2019 and will be encumbered on an as -needed
basis.
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Adopt Resolution executing a First Amendment to the Agreement with Innovative Construction Consulting
Services, LLC.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Explanation
2. First Amendment to Agreement
3. Resolution
293 of 348
Explanation:
On June 5, 2017, per City Council Resolution No. 2017-89, the City of National City
entered into an Agreement with Innovative Construction Consulting Services, LLC, to
provide on -call support services for National City's Capital Improvement Program (CIP),
including, but not limited to, project management; engineering; construction
management, inspections and certified payroll; plan reviews; constructability reviews;
community outreach and communications. The original Agreement is for a not -to -
exceed amount of $2,000,000 and a term of two years, with the option to extend for an
additional period of up to one year.
Both parties desire to execute the option to extend the term of the Agreement for one
year to June 5, 2020, to allow Innovative Construction Consulting Services, LLC to
continue providing CIP support services. This amendment will also increase the not -to
exceed amount by $500,000 (25% increase), for a total of $2,500,000. See attached
First Amendment to Agreement.
Funds are appropriated in various CIP accounts and will be encumbered on an as -
needed basis.
294 of 348
FIRST AMENDMENT TO AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
INNOVATIVE CONSTRUCTION
CONSULTING SERVICES, LLC
This First .Amendment to the Agreement is entered into this 16th day of April, 2019
by and between the City of .National City, a municipal corporation ("CITY"), and Innovative
Construction Consulting Services, LLC, a limited liability company (the '`CONSULTANT")...
RECITALS
WHEREAS, on February 2, 2017, the Engineering & Public Works Department
advertised a Request for Qualifications (RFQ) for on -call project supportservices for
National City's Capital Improvement Program (Ci.P); and
WHEREAS, on March 6., 2017, the CONSULTANT submitted a Statement of
Qualifications (SOQ) in response to the RFQ., consistent with the requirements of the RFQ;
and
WHEREAS, based on evaluation of the CONSULTANT'S SOQ and interview, the
City Engineer made a determination that the CONSULTANT is qualified by experience and
abi.Iity to perform the services desired by the CITY; and
WHEREAS, the CITY and the CONSULTANT entered into an Agreement on June
6, 2017, (the. "A.greernent") through the adoption of City Council 'Resolution No...2017.-89,
wherein the CONSULTANT agreed to provide on -call project support services. for National
City's CIP., including, but: not limited to, project management; engineering; construction
managem:ent., inspections and certified payroll; plan reviews; constructability reviews;
community outreach and communications; and
WHEREAS, the Agreement had a not -to -exceed amount of $2,000,000 and a term
of two years, with the option to extend for an additional period of up to one: year; and
WHEREAS, based o.n .the CONSULTANT'S performance and quality of work, and to
ensure timely completion of Capital Improvement Projects, the CITY desires to have the
CONSULTANT continue .providing on -call project support services for National City's CIP,
and the CONSULTANT is willing to perform such services.
295 of 348
AGREEMENT
NOW, THEREFORE, the parties agree to amend the Agreement entered into on
June 6, 2017, es follows:
1. Increas.e the not -to -exceed amount by $500,000 (26% increase), for a total
Agreement amount of $2,5:00,.000.
2. Extend the term of the Agreement to June 5, 2020.
3. The parties: further agree that other than the foregoing amendment, each and
.every term. and provision of the Agreement .dated: June 6, .2011, :shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to
Agreement on th.e date and year first above written:
CITY OF NATIONAL CITY
By:
Alejandro Sotelo-Solis, Mayor
APPROVED AS TO FORM:
Angil P. Morris -Jones
National City Attorney
INNOVATIVE CONSTRUCTION
CONSULTING SERVICES, LLC
i •a M
By: e"? e
Seen E. GTt; wneriCEO
296 of 348
RESOLUTION NO. 2019 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING
THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH
INNOVATIVE CONSTRUCTION CONSULTING SERVICES, LLC, INCREASING THE NOT -TO -
EXCEED AMOUNT BY $500,000 (25% INCREASE) FOR A TOTAL OF $2,500,000,
EXTENDING THE TERM OF THE AGREEMENT BY ONE YEAR TO JUNE 5, 2020, TO
PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL
IMPROVEMENT PROGRAM (CIP), INCLUDING, BUT NOT LIMITED TO PROJECT
MANAGEMENT, ENGINEERING, CONSTRUCTION MANAGEMENT, INSPECTIONS AND
CERTIFIED PAYROLL, PLAN REVIEWS, CONSTRUCTABILITY REVIEWS, COMMUNITY
OUTREACH AND COMMUNICATIONS
WHEREAS, on June 6, 2017, per City Council Resolution No. 2017-89, the City
of National City entered into an Agreement with Innovative Construction Consulting Services,
LLC, to provide on -call support services for National City's Capital Improvement Program (CIP),
including, but not limited to, project management; engineering; construction management,
inspections and certified payroll; plan reviews; constructability reviews; community outreach and
communications for a not to exceed amount of $2,000,000 and a term of two years, with the
option to extend for an additional period of up to one year; and
WHEREAS, the City and Innovative Construction Consulting Services, LLC,
desire to execute the option to extend the term of the Agreement for one year to June 5, 2020,
to allow Innovative Construction Consulting Services, LLC, to continue providing CIP support
services for the not to exceed increased amount of $500,000 and a total not to exceed
Agreement amount of $2,500,000.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute the First Amendment to the Agreement
between the City of National City and Innovative Construction Consulting Services, LLC, to
extend the term of the Agreement for one year, ending June 5, 2020, to allow Innovative
Construction Consulting Services, LLC, to continue providing CIP support services for the not to
exceed increased amount of $500,000 and a total not to exceed Agreement amount of
$2,500,000.
PASSED and ADOPTED this 16th day of April, 2019.
Alejandra Sotelo-Solis, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney
297 of 348
CC/CDC-HA Agenda
4/16/2019 — Page 298
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City authorizing the Mayor to execute a First
Amendment to the Agreement with D-Max Engineering, Inc., increasing the not -to -
exceed amount by $500,000 (25% increase) for a total of $2,500,000, extending the term
of the Agreement by one year to June 5, 2020, to provide on -call project support services
for National City's Capital Improvement Program (CIP), including, but not limited to,
project management; engineering; environmental planning; compliance and assessments;
construction support; plan reviews; community outreach and communications.
(Engineering/Public Works)
Please scroll down to view the backup material.
298 of 348
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: April 16, 2019
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City authorizing the Mayor to execute a First Amendment
to the Agreement with D-Max Engineering, Inc., increasing the not -to -exceed amount by $500,000 (25%
increase) for a total of $2,500,000, extending the term of the Agreement by one year to June 5, 2020, to provide
on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited
to, project management; engineering; environmental planning; compliance and assessments; construction
support; plan reviews; community outreach and communications.
PREPARED BY: Roberto Yano
PHONE: 619-336-4383
EXPLANATION:
See attached.
DEPARTMENT: Evan /Public Works
APPROVED BY:
FINANCIAL STATEMENT APPROVED: Z1//g. Finance
ACCOUNT NO. APPROVED: MIS
Funds are appropriated in various GIP accounts for FY 2019 and will be encumbered on an as -needed
basis.
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Adopt Resolution executing a First Amendment to the Agreement with D-Max Engineering, Inc.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Explanation
2. First Amendment to Agreement
3. Resolution
299 of 348
Explanation:
On June 6, 2017, per City Council Resolution No. 2017-91, the City of National City
entered into an Agreement with D-Max Engineering, Inc. to provide on -call support
services for National City's Capital improvement Program (CIP), including, but not
limited to, project support services for National City's Capital Improvement Program
(CIP), including, but not limited to, project management; engineering; environmental
planning; compliance and assessments; construction support; plan reviews; community
outreach and communications.,. The original Agreement is for a not -to -exceed amount
of $2,000,000 and a term of two years, with the option to extend for an additional period
of up to one year.
Both parties desire to execute the option to extend the term of the Agreement for one
year to June 5, 2020, to allow D-Max Engineering, Inc. to continue providing CIP
support services. This amendment will also increase the not -to exceed amount by
$500,000 (25% increase), for a total of $2,500,000. See attached First Amendment to
Agreement.
Funds are appropriated in various CIP accounts and will be encumbered on an as -
needed basis.
300 of 348
FIRST AMENDMENT TO AGREEMENT
BYAND BETWEEN
THE CITY OF NATIONAL CITY
AND D-MAX ENGINEERING, INC
This First Amendment to the Agreement is entered into this 16th day of April, 2019
by and between the City of National City, a municipal corporation ("CITY"), and D-Max
Engineering, Inc., a corporation (the "CONSULTANT").
RECITALS
WHEREAS, on February 2, 2017, the Engineering & Public Works Department
advertised a Request for Qualifications (RFQ) for ort-call project support services for
National City's Capital Improvement Program (CIP); and
WHEREAS, on March 6, 2017, the CONSULTANT submitted a Statement of
Qualifications (SOQ) in response to the RFQ, consistent with the requirements of the RFQ;
and
WHEREAS, based on evaluation of the CONSULTANTS SOQ and interview, the
City Engineer made a determination that the CONSULTANT is qualified by experience and
ability to perform the services desired by the CITY; and
WHEREAS, the CITY and the CONSULTANT entered into an Agreement on June
6, 2017, (the "Agreement") through the adoption of City Council Resolution No. 2017-91,
wherein the CONSULTANT agreed to provide on -call project support services for National
City's CIP, including, but not limited to, project management; engineering; environmental
planning, compliance and assessments; construction support; plan reviews; community
outreach and communications; and
WHEREAS, the Agreement had a not -to -exceed amount of $2,000,000 and a term
of two years, with the option to extend for an additional period of up to one year; and
WHEREAS, based on the CONSULTANT'S performance and quality of work, and to
ensure timely completion of Capital Improvement Projects, the CITY desires to have the
CONSULTANT continue providing on -call project support services for National City's CIP,
and the CONSULTANT is willing to perform such services.
1/1
301 of 348
AGREEMENT
NOW, THEREFORE, the parties agree to amend the Agreement entered into on
June 6, 2017, as follows:
1. Increase the not -to -exceed amount by $500,000 (25% increase), for a total
Agreement amount of $2,500,000.
2. Extend the term of the Agreement to June 5, 2020.
3. The parties further agree that other than the foregoing amendment, each and
every term and provision of the Agreement dated June 6, 2017, shall remain in
full force and effect.
IN VVITNESS WHEREOF, the parties hereto have executed this First Amendment to
Agreernent on the date and year first above written,
CITY OF NATIONAL CITY D-MAX ENGINEERING, INC.
By: By: &GId ,— /02Z
Alejandra Sotelo-Solis, Mayor
APPROVED AS TO FORM:
Anvil P. Morris -Jones
National City Attorney
Arsalan Dadkhah, Principal
By:
John Quenzertr
302 of 348
RESOLUTION NO. 2019 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING
THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH D-MAX
ENGINEERING, INC., INCREASING THE NOT -TO -EXCEED AMOUNT BY $500,000 (25%
INCREASE) FOR A TOTAL OF $2,500,000, EXTENDING THE TERM OF THE AGREEMENT
BY ONE YEAR TO JUNE 5, 2020, TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES
FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM (CIP), INCLUDING, BUT NOT
LIMITED TO, PROJECT MANAGEMENT, ENGINEERING, ENVIRONMENTAL PLANNING,
COMPLIANCE AND ASSESSMENTS, CONSTRUCTION SUPPORT, PLAN REVIEWS,
COMMUNITY OUTREACH AND COMMUNICATIONS
WHEREAS, on June 6, 2017, per City Council Resolution No. 2017-91, the City
of National City entered into an Agreement with D-Max Engineering, Inc. to provide on -call
support services for National City's Capital Improvement Program (CIP), including, but not
limited to, project support services for National City's Capital Improvement Program (CIP),
including, but not limited to, project management; engineering; environmental planning;
compliance and assessments; construction support; plan reviews; community outreach and
communications for a not to exceed amount of $2,000,000 and a term of two years, with the
option to extend for an additional period of up to one year; and
WHEREAS, the City and D-Max Engineering, Inc. desire to execute the option to
extend the term of the Agreement for one year to June 5, 2020, to allow with D-Max
Engineering, Inc. to continue providing CIP support services for the not to exceed increased
amount of $500,000 and a total not to exceed Agreement amount of $2,500,000.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute the First Amendment to the Agreement
between the City of National City and D-Max Engineering, Inc. to extend the term of the
Agreement for one year, ending June 5, 2020, to allow D-Max Engineering, Inc. to continue
providing CIP support services for the not to exceed increased amount of $500,000 and a total
not to exceed Agreement amount of $2,500,000.
PASSED and ADOPTED this 16th day of April, 2019.
Alejandra Sotelo-Solis, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney
303 of 348
CC/CDC-HA Agenda
4/16/2019 — Page 304
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City authorizing the Mayor to execute a First
Amendment to the Agreement with Neri Landscape Architects, increasing the not -to -
exceed amount by $250,000 (25% increase) for a total of $1,250,000, extending the term
of the Agreement by one year to June 19, 2020, to provide on -call project support
services for National City's Capital Improvement Program (CIP), including, but not
limited to, project management; engineering; landscape architecture; urban planning and
design; construction support; plan reviews; community outreach and communications.
(Engineering/Public Works)
Please scroll down to view the backup material.
304 of 348
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: April 16, 2019
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City authorizing the Mayor to execute a First Amendment
to the Agreement with Neri Landscape Architects, increasing the not -to -exceed amount by $250,000 (25%
increase) for a total of $1,250,000, extending the term of the Agreement by one year to June 19, 2020, to
provide on -call project support services for National City's Capital Improvement Program (CIP), including, but
not limited to, project management; engineering; landscape architecture; urban planning and design;
construction support; plan reviews; community outreach and communications.
PREPARED BY: Roberto Yano
PHONE: 619-336-4383
EXPLANATION:
See attached.
DEPARTMENT: Eg/Public Works
APPROVED BY:
FINANCIAL STATEMENT: APPROVED: ,lG/fc ( Finance
ACCOUNT NO. APPROVED: MIS
Funds are appropriated in various CIP accounts for FY 2019 and will be encumbered on an as -needed
basis.
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Adopt Resolution executing a First Amendment to the Agreement with Neri Landscape Architects.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Explanation
2. First Amendment to Agreement
3. Resolution
"Inc orl f 348
Explanation:
On June 20, 2017, per City Council Resolution No. 2017-132, the City of National City
entered into an Agreement with Neri Landscape Architects, to provide on -call support
services for National City's Capital Improvement Program (CIP), including, but not
limited to, project management; engineering; landscape architecture; urban planning
and design; construction support; plan reviews; community outreach and
communications. The original Agreement is for a not -to -exceed amount of $1,000,000
and a term of two years, with the option to extend for an additional period of up to one
year.
Both parties desire to execute the option to extend the term of the Agreement for one
year to June 19, 2020, to allow Neri Landscape Architects to continue providing CIP
support services. This amendment will also increase the not -to exceed amount by
$250,000 (25% increase), for a total of $1,250,000. See attached First Amendment to
Agreement.
Funds are appropriated in various CIP accounts and will be encumbered on an as -
needed basis.
306 of 348
FIRST AMENDMENT TO AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND NERI LANDSCAPE ARCHIECTS
This First Amendment to the Agreement is entered into this 16th day of April, 2019
by and between the City of National City, a municipal corporation ("CITY"), and Neri
Landscape Architects, a corporation (the "CONSULTANT").
RECITALS
WHEREAS, on February 2, 2017, the Engineering & Public Works Department
advertised a Request for Qualifications (RFQ) for on -call project support services for
National City's Capital Improvement Program (CIP); and
WHEREAS, on March 6, 2017, the CONSULTANT submitted a Statement of
Qualifications (SOQ) in response to the RFQ, consistent with the requirements of the RFQ;
and
WHEREAS, based on evaluation of the CONSULTANT'S SOQ and interview, the
City Engineer made a determination that the CONSULTANT is qualified by experience and
ability to perform the services desired by the CITY; and
WHEREAS, the CITY and the CONSULTANT entered into an Agreement on June
20, 2017, (the "Agreement") through the adoption of City Council Resolution No. 2017-132,
wherein the CONSULTANT agreed to provide on -call project support services for National
City's CIP, including, but not limited to, project management; engineering; landscape
architecture; urban planning and design; construction support; plan reviews; community
outreach and communications; and
WHEREAS, the Agreement had a not -to -exceed amount of $1,000,000 and a term
of two years, with the option to extend for an additional period of up to one year; and
WHEREAS, based on the CONSULTANT'S performance and quality of work, and to
ensure timely completion of Capital Improvement Projects, the CITY desires to have the
CONSULTANT continue providing on -call project support services for National City's GIP,
and the CONSULTANT is willing to perform such services.
111
111
111
307 of 348
AGREEMENT
NOW, THEREFORE, the parties agree to amend the Agreement entered into on
June 20, 2017, as follows:
1. Increase the not -to -exceed amount by $250,000 (25% increase), for a total
Agreement amount of $1,250,000.
2. Extend the term of the Agreement to June 19, 2020.
3. The parties further agree that other than the foregoing amendment, each and
every term and provision of the Agreement dated June 20, 2017, shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to
Agreement on the date and year first above written.
CITY OF NATIONAL CITY NERI LANDSCAPE ARCHITECTS
By:
Alejandra Sotelo-Solis, Mayor Jim Neri, Principal
By:
APPROVED AS TO FORM:
Angil P. Morris -Jones
National City Attorney
308 of 348
RESOLUTION NO. 2019 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING
THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH NERI
LANDSCAPE ARCHITECTS, INCREASING THE NOT -TO -EXCEED AMOUNT BY $250,000
(25% INCREASE) FOR A TOTAL OF $1,250,000, EXTENDING THE TERM OF THE
AGREEMENT BY ONE YEAR TO JUNE 19, 2020, TO PROVIDE ON -CALL PROJECT
SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM (CIP),
INCLUDING, BUT NOT LIMITED TO, PROJECT MANAGEMENT, ENGINEERING,
LANDSCAPE ARCHITECTURE, URBAN PLANNING AND DESIGN, CONSTRUCTION
SUPPORT, PLAN REVIEWS, COMMUNITY OUTREACH AND COMMUNICATIONS
WHEREAS, on June 20, 2017, per City Council Resolution No. 2017-132, the
City of National City entered into an Agreement with Neri Landscape Architects to provide on -
call support services for National City's Capital Improvement Program (CIP), including, but not
limited to, project management; engineering; landscape architecture; urban planning and
design; construction support; plan reviews; community outreach and communications for a not
to exceed amount of $1,000,000 and a term of two years, with the option to extend for an
additional period of up to one year; and
WHEREAS, the City and Neri Landscape Architects desire to execute the option
to extend the term of the Agreement for one year to June 19, 2020, to allow Neri Landscape
Architects to continue providing CIP support services for the not to exceed increased amount of
$250,000 and a total not to exceed Agreement amount of $1,250,000.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute the First Amendment to the Agreement
between the City of National City and Neri Landscape Architects to extend the term of the
Agreement for one year, ending June 19, 2020, to allow Neri Landscape Architects to continue
providing CIP support services for the not to exceed increased amount of $250,000 and a total
not to exceed Agreement amount of $1,250,000.
PASSED and ADOPTED this 16th day of April, 2019.
Alejandra Sotelo-Solis, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney
309 of 348
CC/CDC-HA Agenda
4/16/2019 — Page 310
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City authorizing the Mayor to execute a First
Amendment to the Agreement with Randall Lamb Associates, Inc., increasing the not -to -
exceed amount by $250,000 (25% increase), for a total of $1,250,000, extending the term
of the Agreement by one year to June 19, 2020, to provide on -call project support
services for National City's Capital Improvement Program (CIP), including, but not
limited to, project management; mechanical, electrical and plumbing engineering; air
barrier auditing and commissioning; energy solutions; construction support; plan reviews;
constructability reviews; community outreach and communications. (Engineering/Public
Works)
Please scroll down to view the backup material.
310 of 348
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: April 16, 2019
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City authorizing the Mayor to execute a First Amendment
to the Agreement with Randall Lamb Associates, Inc., increasing the not -to -exceed amount by $250,000 (25%
increase), for a total of $1,250,000, extending the term of the Agreement by one year to June 19, 2020, to
provide on -call project support services for National City's Capital Improvement Program (CIP), including, but
not limited to, project management; mechanical, electrical and plumbing engineering; air barrier auditing and
commissioning; energy solutions; construction support; plan reviews; constructability reviews; community
outreach and communications.
PREPARED BY: Roberto Yano
PHONE: 619-336-4383
EXPLANATION:
See attached.
DEPARTMENT: En i jr g/Public Works
APPROVED BY:
FINANCIAL STATEMENT: APPROVED: 7/,',ftif Finance
ACCOUNT NO. APPROVED: MIS
Funds are appropriated in various CIP accounts for FY 2019 and will be encumbered on an as -needed
basis.
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Adopt Resolution executing a First Amendment to the Agreement with Randall Lamb Associates, Inc.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Explanation
2. First Amendment to Agreement
3. Resolution
311 of 348
Explanation:
On June 20, 2017, per City Council Resolution No. 2017-134, the City of National City
entered into an Agreement with Randall Lamb Associates, Inc., to provide on -call
support services for National City's Capital Improvement Program (CIP), including, but
not limited to, project management; mechanical, electrical and plumbing engineering; air
barrier auditing and commissioning; energy solutions; construction support; plan
reviews; constructability reviews; community outreach and communications. The
original Agreement is for a not -to -exceed amount of $1,000,000 and a term of two
years, with the option to extend for an additional period of up to one year.
Both parties desire to execute the option to extend the term of the Agreement for one
year to June 19, 2020, to allow Randall Lamb Associates, Inc. to continue providing CIP
support services. This amendment will also increase the not -to exceed amount by
$250,000 (25% increase), for a total of $1,250,000. See attached First Amendment to
Agreement.
Funds are appropriated in various CIP accounts and will be encumbered on an as -
needed basis.
312 of 348
FIRST AMENDMENT TO AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
RANDALL LAMB ASSOCIATES, INC,
This First Amendment to the Agreement is entered into this 16th day of April, 2019
by and between the City of National City, a municipal corporation ("CITY"), and Randall
Lamb Associates, Inc., a corporation (the "CONSULTANT").
RECITALS
WHEREAS, on February 2, 2017, the Engineering & Public Works Department
advertised a Request for Qualifications (RFQ) for on -calf project support services for
National City's Capital Improvement Program (CIP); and
WHEREAS, on March 6, 2017, the CONSULTANT submitted a Statement of
Qualifications (SOQ) in response to the RFQ, consistent with the requirements of the RFQ;
and
WHEREAS, based on evaluation of the CONSULTANT'S SOQ and interview, the
City Engineer made a determination that the CONSULTANT is qualified by experience and
ability to perform the services desired by the CITY; and
WHEREAS, the CITY and the CONSULTANT entered into an Agreement on June
20, 2017, (the "Agreement") through the adoption of City Council Resolution No. 2017-134,
wherein the CONSULTANT agreed to provide on -call project support services for National
City's CIP, including, but not limited to, project management; mechanical, electrical and
plumbing engineering; air barrier auditing and commissioning; energy solutions;
construction support; plan reviews; constructability reviews; community outreach and
communications; and
WHEREAS, the Agreement had a not -to -exceed amount of $1,000,000 and a term
of two years, with the option to extend for an additional period of up to one year; and
WHEREAS, based on the CONSULTANT'S performance and quality of work, and to
ensure timely completion of Capital Improvement Projects, the CITY desires to have the
CONSULTANT continue providing on -call project support services for National City's CIP,
and the CONSULTANT is willing to perform such services,
11/
1i1
313 of 348
AGREEMENT
NOW, THEREFORE, the parties agree to amend the Agreement entered into on
June 20, 2017, as follows:
1. Increase the not -to -exceed amount by $250,000 (25% increase), for a total
Agreement amount of $1,250,000.
2. Extend the term of the Agreement to June 19, 2020.
3. The parties further agree that other than the foregoing amendment, each and
every term and provision of the Agreement dated June 20, 2017, shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to
Agreement on the date and year first above written.
CITY OF NATIONAL CITY RANDALL LAMB ASSOCIATES, INC.
By: By:
Alejandra Sotelo-Solis, Mayor
By:
APPROVED AS TO FORM:
Angil P. Morris -Jones
National City Attorney
Aaron Parkin on,
Bob Randall, ecutive V.P.
314 of 348
RESOLUTION NO. 2019 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING
THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH RANDALL
LAMB ASSOCIATES, INC., INCREASING THE NOT -TO -EXCEED AMOUNT BY $250,000
(25% INCREASE), FOR A TOTAL OF $1,250,000, EXTENDING THE TERM OF THE
AGREEMENT BY ONE YEAR TO JUNE 19, 2020, TO PROVIDE ON -CALL PROJECT
SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM (CIP),
INCLUDING, BUT NOT LIMITED TO, PROJECT MANAGEMENT, MECHANICAL,
ELECTRICAL AND PLUMBING ENGINEERING, AIR BARRIER AUDITING AND
COMMISSIONING, ENERGY SOLUTIONS, CONSTRUCTION SUPPORT, PLAN REVIEWS,
CONSTRUCTABILITY REVIEWS, COMMUNITY OUTREACH AND COMMUNICATIONS
WHEREAS, on June 20, 2017, per City Council Resolution No. 2017-134, the
City of National City entered into an Agreement with Randall Lamb Associates, Inc. to provide
on -call support services for National City's Capital Improvement Program (CIP), including, but
not limited to, project management; mechanical, electrical and plumbing engineering; air barrier
auditing and commissioning; energy solutions; construction support; plan reviews;
constructability reviews; community outreach and communications for a not to exceed amount
of $1,000,000 and a term of two years, with the option to extend for an additional period of up to
one year; and
WHEREAS, the City and Randall Lamb Associates, Inc. desire to execute the
option to extend the term of the Agreement for one year to June 19, 2020, to allow Randall
Lamb Associates, Inc. to continue providing CIP support services for the not to exceed
increased amount of $250,000 and a total not to exceed Agreement amount of $1,250,000.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute the First Amendment to the Agreement
between the City of National City and Randall Lamb Associates, Inc. to extend the term of the
Agreement for one year, ending June 19, 2020, to allow Randall Lamb Associates, Inc. to
continue providing CIP support services for the not to exceed increased amount of $250,000
and a total not to exceed Agreement amount of $1,250,000.
PASSED and ADOPTED this 16th day of April, 2019.
Alejandra Sotelo-Solis, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney
315 of 348
CC/CDC-HA Agenda
4/16/2019 — Page 316
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City authorizing the Mayor to execute a First
Amendment to the Agreement with SCST, LLC, increasing the not -to -exceed amount by
$125,000 (25% increase) for a total of $625,000, extending the term of the Agreement by
one year to June 19, 2020, to provide on -call project support services for National City's
Capital Improvement Program (CIP), including, but not limited to, geotechnical, soils and
materials testing. (Engineering/Public Works)
Please scroll down to view the backup material.
316 of 348
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: April 16, 2019
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City authorizing the Mayor to execute a First Amendment
to the Agreement with SCST, LLC, increasing the not -to -exceed amount by $125,000 (25% increase) for a total
of $625,000, extending the term of the Agreement by one year to June 19, 2020, to provide on -call project
support services for National City's Capital Improvement Program (CIP), including, but not limited to,
geotechnical, soils and materials testing.
PREPARED BY: Roberto Yano
PHONE: 619-336-4383
EXPLANATION:
See attached.
DEPARTMENT: Egc i)]eepi g/Public Works
APPROVED BY:
FINANCIAL STATEMENT: APPROVED: G__�, y, � Finance
ACCOUNT NO. APPROVED: MIS
Funds are appropriated in various CIP accounts for FY 2019 and will be encumbered on an as -needed
basis.
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Adopt Resolution executing a First Amendment to the Agreement with SCST, LLC.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Explanation
2. First Amendment to Agreement
3. Resolution
317 of 348
Explanation:
On June 20, 2017, per City Council Resolution No. 2017-135, the City of National City
entered into an Agreement with SCST, LLC, to provide on -call support services for
National City's Capital Improvement Program (CIP), including, but not limited to,
geotechnical, soils and materials testing. The original Agreement is for a not -to -exceed
amount of $500,000 and a term of two years, with the option to extend for an additional
period of up to one year.
Both parties desire to execute the option to extend the term of the Agreement for one
year to June 19, 2020, to allow SCST, LLC to continue providing CIP support services.
This amendment will also increase the not -to exceed amount by $125,000 (25%
increase), for a total of $625,000. See attached First Amendment to Agreement.
Funds are appropriated in various CIP accounts and will be encumbered on an as -
needed basis.
318 of 348
FIRST AMENDMENT TO AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND SCST, LLC
This First Amendment to the Agreement is entered into this 16th day of April, 2019
by and between the City of National City, a municipal corporation ("CITY"), and SCST,
LLC, a limited liability company (the "CONSULTANT").
RECITALS
WHEREAS, on February 2, 2017, the Engineering & Public Works Department
advertised a Request for Qualifications (RFQ) for on -call project support services for
National City's Capital Improvement Program (CIP); and
WHEREAS, on March 6, 2017, the CONSULTANT submitted a Statement of
Qualifications (SOQ) in response to the RFQ, consistent with the requirements of the RFQ;
and
WHEREAS, based on evaluation of the CONSULTANT'S SOQ and interview, the
City Engineer made a determination that the CONSULTANT is qualified by experience and
ability to perform the services desired by the CITY; and
WHEREAS, the CITY and the CONSULTANT entered into an Agreement on June
20, 2017, (the "Agreement") through the adoption of City Council Resolution No. 2017-135,
wherein the CONSULTANT agreed to provide on -call project support services for National
City's CIP, including, but not limited to, geotechnical, soils and materials testing; and
WHEREAS, the Agreement had a not -to -exceed amount of $500,000 and a term of
two years, with the option to extend for an additional period of up to one year; and
WHEREAS, based on the CONSULTANT'S performance and quality of work, and to
ensure timely completion of Capital Improvement Projects, the CITY desires to have the
CONSULTANT continue providing on -call project support services for National City's CIP,
and the CONSULTANT is willing to perform such services.
319 of 348
AGREEMENT
NOW, THEREFORE, the parties agree to amend the Agreement entered into on
June 20, 2017, as follows:
1. Increase the not -to -exceed amount by $125,000 (25% increase), for a total
Agreement amount of $625,000.
2. Extend the term of the Agreement to June 19, 2020.
3. The parties further agree that other than the foregoing amendment, each and
every term and provision of the Agreement dated June 20, 2017, shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to
Agreement on the date and year first above written.
CITY OF NATIONAL CITY SCST, LLC
By: By:
Alejandra Sotelo-Solis, Mayor Jon Kirschbaum
President/COO
By: �4J
Emil Rudolph'`'
V.P. Engineering / Construction
APPROVED AS TO FORM:
Angil P. Morris -Jones
National City Attorney
L
320 of 348
RESOLUTION NO. 2019 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING
THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH SCST, LLC,
INCREASING THE NOT -TO -EXCEED AMOUNT BY $125,000 (25% INCREASE) FOR A
TOTAL OF $625,000, EXTENDING THE TERM OF THE AGREEMENT BY ONE YEAR TO
JUNE 19, 2020, TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL
CITY'S CAPITAL IMPROVEMENT PROGRAM (CIP), INCLUDING, BUT NOT LIMITED TO,
GEOTECHNICAL, SOILS AND MATERIALS TESTING
WHEREAS, on June 20, 2017, per City Council Resolution No. 2017-135, the
City of National City entered into an Agreement with SCSI, LLC, to provide on -call support
services for National City's Capital Improvement Program (CIP), including, but not limited to,
geotechnical, soils and materials testing for a not to exceed amount of $500,000 and a term of
two years, with the option to extend for an additional period of up to one year; and
WHEREAS, the City and SCSI, LLC, desire to execute the option to extend the
term of the Agreement for one year to June 19, 2020, to allow SCSI, LLC, to continue providing
CIP support services for the not to exceed increased amount of $125,000 and a total not to
exceed Agreement amount of $625,000.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute the First Amendment to the Agreement
between the City of National City and SCSI, LLC, to extend the term of the Agreement for one
year, ending June 19, 2020, to allow SCSI, LLC, to continue providing CIP support services for
the not to exceed increased amount of $125,000 and a total not to exceed Agreement amount
of $625,000.
PASSED and ADOPTED this 16th day of April, 2019.
Alejandra Sotelo-Solis, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney
321 of 348
CC/CDC-HA Agenda
4/16/2019 — Page 322
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City authorizing the Mayor to execute a First
Amendment to the Agreement with KTU&A, increasing the not -to -exceed amount by
$250,000 (25% increase) for a total of $1,250,000 extending the term of the Agreement
by one year to June 19, 2020, to provide on -call project support services for National
City's Capital Improvement Program (CIP), including, but not limited to, project
management; engineering; landscape architecture; urban planning and design;
construction support; plan reviews; community outreach and communications.
(Engineering/Public Works)
Please scroll down to view the backup material.
322 of 348
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: April 16, 2019
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City authorizing the Mayor to execute a First Amendment
to the Agreement with KTU&A, increasing the not -to -exceed amount by $250,000 (25% increase) for a total of
$1,250,000 extending the term of the Agreement by one year to June 19, 2020, to provide on -call project
support services for National City's Capital Improvement Program (CIP), including, but not limited to, project
management; engineering; landscape architecture; urban planning and design; construction support; plan
reviews; community outreach and communications.
PREPARED BY: Roberto Yano
PHONE: 619-336-4383
EXPLANATION:
See attached.
FINANCIAL STATEMENT:
ACCOUNT NO.
DEPARTMENT: E
APPROVED BY:
APPROVED:
APPROVED:
ing/Public Works
Finance
MIS
Funds are appropriated in various CIP accounts for FY 2019 and will be encumbered on an as -needed
basis.
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Adopt Resolution executing a First Amendment to the Agreement with KTU&A.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Explanation
2. First Amendment to Agreement
3. Resolution
323 of 34`
Explanation:
On June 20, 2017, per City Council Resolution No. 2017-133, the City of National City
entered into an Agreement with KTU&A, Inc. to provide on -call support services for
National City's Capital Improvement Program (CIP), including, but not limited to, project
management; engineering; landscape architecture; urban planning and design;
construction support; plan reviews; community outreach and communications. The
original Agreement is for a not -to -exceed amount of $1,000,000 and a term of two
years, with the option to extend for an additional period of up to one year.
Both parties desire to execute the option to extend the term of the Agreement for one
year to June 19, 2020, to allow KTU&A to continue providing CIP support services. This
amendment will also increase the not -to exceed amount by $250,000 (25% increase), for
a total of $1,250,000. See attached First Amendment to Agreement.
Funds are appropriated in various CIP accounts and will be encumbered on an as -
needed basis.
324 of 348
FIRST AMENDMENT TO AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND KTU&A
This First Amendment to the Agreement is entered into this 16th day of April, 2019
by and between the City of National City, a municipal corporation ("CITY"), and KTU&A, a
corporation (the "CONSULTANT").
RECITALS
WHEREAS, on February 2, 2017, the Engineering & Public Works Department
advertised a Request for Qualifications (RFQ) for on -call project support services for
National City's Capital Improvement Program (CIP); and
WHEREAS, on March 6, 2017, the CONSULTANT submitted a Statement of
Qualifications (SOQ) in response to the RFQ, consistent with the requirements of the RFQ;
and
WHEREAS, based on evaluation of the CONSULTANTS SOQ and interview, the
City Engineer made a determination that the CONSULTANT is qualified by experience and
ability to perform the services desired by the CITY; and
WHEREAS, the CITY and the CONSULTANT entered into an Agreement on June
20, 2017, (the "Agreement") through the adoption of City Council Resolution No. 2017-133,
wherein the CONSULTANT agreed to provide on -call project support services for National
City's_,CIP, including, but not limited to, project management; engineering; landscape
architecture; urban planning and design; construction support; plan reviews; community
outreach and communications; and
WHEREAS, the Agreement had a not -to -exceed amount of $1,000,000 and a term
of two years, with the option to extend for an additional period of up to one year; and
WHEREAS, based on the CONSULTANT'S performance and quality of work, and to
ensure timely completion of Capital Improvement Projects, the CITY desires to have the
CONSULTANT continue providing on -call project support services for National City's CJP,
and the CONSULTANT is willing to perform such services.
/a
325 of 348
AGREEMENT
NOW, THEREFORE, the parties agree to amend the Agreement entered into on
June 20, 2017, as follows:
1. Increase the not -to -exceed amount by $250,000 (25% increase), for a total
Agreement amount of $1,250,000.
2. Extend the term of the Agreement to June 19, 2020.
3. The parties further agree that other than the foregoing amendment, each and
every term and provision of the Agreement dated June 20, 2017, shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to
Agreement on the date and year first above written.
CITY OF NATIONAL CITY KTU&A
By: By:
Alejandra Sotelo-Solis, Mayor
Kurt Carlson, Principal
APPROVED AS TO FORM:
Angil P. Morris -Jones
National City Attorney
326 of 348
RESOLUTION NO. 2019 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING
THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH KTU&A,
INCREASING THE NOT -TO -EXCEED AMOUNT BY $250,000 (25% INCREASE) FOR A
TOTAL OF $1,250,000 EXTENDING THE TERM OF THE AGREEMENT BY ONE YEAR TO
JUNE 19, 2020, TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL
CITY'S CAPITAL IMPROVEMENT PROGRAM (CIP), INCLUDING, BUT NOT LIMITED TO,
PROJECT MANAGEMENT, ENGINEERIN, LANDSCAPE ARCHITECTURE, URBAN
PLANNING AND DESIGN, CONSTRUCTION SUPPORT, PLAN REVIEWS, COMMUNITY
OUTREACH AND COMMUNICATIONS
WHEREAS, on June 20, 2017, per City Council Resolution No. 2017-133, the
City of National City entered into an Agreement with KTU&A, Inc. to provide on -call support
services for National City's Capital Improvement Program (CIP), including, but not limited to,
project management; engineering; landscape architecture; urban planning and design;
construction support; plan reviews; community outreach and communications for a not to
exceed amount of $1,000,000 and a term of two years, with the option to extend for an
additional period of up to one year; and
WHEREAS, the City and KTU&A, Inc. desire to execute the option to extend the
term of the Agreement for one year to June 19, 2020, to allow KTU&A, Inc. to continue providing
CIP support services for the not to exceed increased amount of $250,000 and a total not to
exceed Agreement amount of $1,250,000.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute the First Amendment to the Agreement
between the City of National City and KTU&A, Inc. to extend the term of the Agreement for one
year, ending June 19, 2020, to allow KTU&A, Inc. to continue providing CIP support services for
the not to exceed increased amount of $250,000 and a total not to exceed Agreement amount
of $1,250,000.
PASSED and ADOPTED this 16th day of April, 2019.
Alejandra Sotelo-Solis, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney
327 of 348
CC/CDC-HA Agenda
4/16/2019 — Page 328
The following page(s) contain the backup material for Agenda Item: Ca1PERS Pension
Cost Update. (Finance)
Please scroll down to view the backup material.
328 of 348
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: April 16, 2019 AGENDA ITEM NO.:
ITEM TITLE:
CaIPERS Pension Cost Update
PREPARED BY: Yen Kelly, Budget Analyst DEPARTMENT: Finance
PHONE: 619-336-4330 APPROVED BY: `--7,774- Xa
EXPLANATION:
Presentation of historical trends, projected costs, and potential strategies to address rising pension costs.
FINANCIAL STATEMENT:
ACCOUNT NO.
NA
APPROVED: W/A.,a)a
APPROVED:
ENVIRONMENTAL REVIEW:
This is not a project and, therefore, not subject to environmental review.
ORDINANCE: INTRODUCTION
FINAL ADOPTION
FINANCE
MIS
STAFF RECOMMENDATION:
Accept and file the report.
BOARD / COMMISSION RECOMMENDATION:
NA
ATTACHMENTS:
National City CaIPERS Pension Cost Update
329 of 348
0.1
APRIL 10,
0. 2019
•=` i ,./v
CALIFORNIA +*4
N%TIONAL CIrT1r
anv
INCORPORATED
CALPERS PENSION
COST UPDATE
NHA 2018/19 PENSION SUMMARY REPORT
"TRANSLATING THE 6/30/2017 PERS ACTUARIAL REPORT"
INCLUDING PLAN OVERVIEW, HISTORICAL STATISTICS,
COST PROJECTIONS AND ALTERNATIVE REPAYMENT
AND COST MANAGEMENT STRATEGIES
NHA ADVISORS
Financial & Policy Strategies.
Delivered.
330 of 348
NHA PENSION SUMMARY REPORT — 2018/19 CALPERS ACTUARIAL REPORT (VALUATION AS OF JUNE 30, 2017)
OBJECTIVE
As a financial consultant and municipal
advisor to cities and other local
government agencies throughout the
State of California, NHA Advisors, LLC
("NHA") works with many agencies to
distill and translate the complex nature
of the CaIPERS ("PERS") annual actuarial
reports. NHA's financial expertise
provides a more comprehensive
historical trend analysis, simplified
education materials (for elected
officials, City staff and community
stakeholders), and alternative repayment and cost management strategies. The NHA Pension Summary Report
is meant to provide an executive summary of key PERS pension information in order to assist the City with cash
flow budgeting, future fiscal sustainability planning, and general education. Pension liabilities should be
considered collectively with other long-term general fund obligations. NHA believes taking a comprehensive
view of the entire general fund liabilities provides a better picture of future financial commitments.
Report Objectives
Page 1
Executive Summary
Page 1
Why Are Pension Costs Increasing .pidly?
Page 1
"CaIPERS 101" - Glossary of Terms
Page 2
City of National City Plans - Overview
Page 2
2018 Investment Performance & Historical Returns
Page 3
7-Year History of Normal and UAL Costs
Page 4
UAL History and Sensitivity
Page 4
30-Year Cost Projections + Total GF Debt Shape
Page 5
Alternative Repayment/Cost Management Strategi-
Page 6
EXECUTIVE SUMMARY
Rising pension costs are the most pressing financial issue facing California public
agencies. The City's annual pension costs have risen from $6.7 million (30% of
payroll) to an estimated $11.4 million (43% of payroll) from FYE 2014 to FYE 2020.
These costs are approximately 10% of the City's total (all funds) budget and 16% when
only including the General Fund (General Fund allocable PERS costs as a percentage
of the General Fund budget). Increasing pension costs reduce the ability for the City
to fund operations, capital projects and grow reserves.
Amortization of the City's Unfunded Accrued Liability (UAL) is the most rapidly 411111411
growing component of pension costs given that it has increased 107% (from $48.4M
4 $100.1M) over the last 6 years. The overall payments for the General Fund portion
of pension costs is expected to grow from approximately $8.6 million to $15.1 million over the next seven years,
level off at approximately $14.7 million per year from FYE 2026 to FYE 2033, and then decrease gradually through
FYE 2048.
Additionally, there are various tools cities can use to address the fiscal challenge created by rising pension costs
to provide greater financial and retirement security (see Alternative Repayment and Cost Management
Strategies on Pages 6 through 8). NHA encourages PERS members to approach all impacted stakeholders in a
collaborative manner to ensure long-term sustainability of the system. We hope that this document can help
educate all stakeholders in an effective and transparent way.
WHY ARE PENSION COSTS INCREASING SO RAPIDLY?
Several factors are resulting in increased employer and in some case employee contributions:
• The "Great Recession": A primary reason for pension cost increases was the economic downturn in 2008
when PERS suffered negative returns with a gross impact of a 34.75% loss to the fund. More detail can be
found on Page 3 related to historical investment performance.
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331 of 348
NHA PENSION SUMMARY REPORT— 2018/19 CALPERS ACTUARIAL REPORT (VALUATION AS OF JUNE 30, 2017)
• Lowering of Discount Rate: When PERS lowers its investment return target, also known
as the "discount rate," member agencies must increase contributions to make up the
difference. PERS dropped the discount rate from 8.25% to 7.75% in 2003, down to 7.50%
in 2014 and then to 7.00% in 2016. This last adjustment will be phased in over three years
with member rates rising rapidly each year.
• Enhanced Pension Benefits: These benefit enhancements authorized by state law in 2000
for public safety employees and 2001 for all other public employees also included a
retroactivity credit for years of service.
• Mortality Rates: People are living and drawing pensions longer, leading PERS to adjust
assumptions for longer lifespans.
• Lower Active vs. Retired Ratios: Across California, there are fewer active employees for each retiree. In
2001, there were two active workers for each retiree. By 2016, that dropped to 1.3 and PERS projects that
in 10-20 years there will be just 0.6 active workers per retiree. Fewer people paying into the system means
higher contribution rates from local agencies and their employees. Page 3 depicts active/retired ratios for
the City.
• Normal Cost (NC): Annual cost for current
employees
• Unfunded Accrued Liability (UAL): Actuarial
Liability minus Actuarial Value of Assets
o "How much we currently have vs. how much we
should have
o UAL is amortized over 20 to 30 years
• Funded Ratio: Percentage of assets available today
to pay the pension benefits promised to employees.
• Defined Benefit Plan (DBP): A type of pension plan
in which an employer/sponsor promises a specified
monthly benefit upon retirement that is
predetermined by a formula based on the
employee's earnings history, tenure of service and
age. The City's PERS plans are DBPs.
7.50%
• Actuarial Report: An actuarial valuation is a type of
appraisal that makes economic and demographic
assumptions to estimate future liabilities. The
assumptions are typically based on a mix of
statistical studies and experienced judgment.
• Discount Rate: Also known as the expected rate of
return or the assumed rate of return. It is the
estimated long-term average return expected to be
earned on investments.
• PEPRA - Public Employees' Pension Reform Act of
2013: A pension reform bill that went into effect
January 1, 2013. The bill impacts new public
employees and establishes a limit on the amount of
compensation that can be used to calculate a
retirement benefit.
CITY OF NATIONAL CITY PENSION PLANS - OVERVIEW
The City currently has two active plans with CaIPERS. The Miscellaneous Plan covers all non -safety employees
and the Safety Plan all safety employees. As shown in the table below, there are 196 active employees in various
tiers within the Miscellaneous Plan and 125 active employees in various tiers within the Safety Plan. About 30%
of the active Miscellaneous Plan employees and 21% of active Safety Plan employees are subject to the new
PEPRA limitations, while the remaining active employees are covered under the classic (pre-PEPRA) plans. The
breakdown of active employees by benefit group and benefit formula is shown below.
Active Miscellaneous Plans
Active Safety Plans
Miscellaneous
Benefit Groups
# of
Actives
Formula
Police Benefit
Groups
# of
Actives
Formula
Fire Benefit
Groups
# of
Actives
Formula
Miscellaneous Tier 1
122
3.0% @ 60
Safety Police Tier 1
62
3.0% @ 50
Safety Fire Tier 1
26
3.0% @ 50
Miscellaneous Tier 2
16
2.0% @ 60
Safety Police Tier 2
8
3.0% @ 55
Safety Fire Tier 2
3
3.0% @ 55
PEPRA Miscellaneous
58
2.0% @ 62
PEPRA Safety Police
14
2.7% @ 57
PEPRA Safety Fire
12
2.7% @ 57
Source: 2018 CalPERS Actuarial Report (Pages C-1 and D-1)
N H A I ADVISORS Disclaimer: NHA Advisors, LLC is not registered
or licensed as an actuary
Financial & Policy Strategies.
Delivered.
2IPA
332 of 348
NHA PENSION SUMMARY REPORT- 2018/19 CALPERS ACTUARIAL REPORT (VALUATION AS OF JUNE 30, 2017)
The total number of employees (active, transferred, separated, and retired) covered under the City's plans has
grown 8%, from 1,038 to 1,122, over the last five years. About 63% of covered employees are covered by the
Miscellaneous Plans, with the remaining 37% covered by the Safety Plans. In spite of the increasing level of
overall members, the ratio of active vs. retired employees has remained relatively constant below 100%,
meaning that there are fewer people paying into the plans than those receiving benefits. The ratio has stayed
around 70% for the Miscellaneous Plan and stayed around 56% for the Safety Plan as shown in the chart below.
1,200
1,000
800
600
400
200
0
Member Statistics and Active to Retired Ratio
396
6/30/2013 6/30/2014
Safety Plan Members
-Active to Retired Ratio (Misc)
Source: CalPERSActuarial Reports; Participant Data Section
673
102
402
6/30/2015
1,rmi1
692
413
704
6/30/2016 6/30/2017
Miscellaneous Plan Members
-Active to Retired Ratio (Safety)
100%
80%
60%
40%
20%
0%
2018 INVESTMENT PERFORMANCE AND HISTORICAL RETURNS
This was the second consecutive year in which PERS outperformed its target rate, earning 8.6% in FYE 2018
following a strong 11.2% return in FYE 2017. This is a positive trend coming off two down years that returned
0.6% (FYE 2016) and 2.4% (FYE 2015). The 5-year average return is currently 8.8%, 4.4% for the 10-year average
return, 6.6% for the 20-year average return, and 8.4% for the 30-year average return. Moving forward, annual
investment performance will continue to be a key driver to future increases and decreases in the UAL. These
changes will be incorporated annually, with increases from lower than expected investment returns (or
conversely, decreases if there are strong investment returns) amortized over a 20-year period.
25.0%
20.0%
15.0%
10.0%
5.0%
0.0%
14.5%
20.1%19.5%
16.3%5.3%
12.5%
10.5 %
r_.._
=
21.7%
18.4%
13.3% 13.2%
�� O� oil �O �� oi4i oil 00IF
O� Ot` O„ O,,O OA
5.0% °� ,°� ,°� ,°� ,� y°� y0 10 O ,LO ,LO i, ,,„ , , C
-10.0% -5.1%
7.2 6.1%
-15.0%
-20.0%
-25.0%
-24.0%
1Annual Investment Returns 5-Year Average Annual Return
20-Year Average Annual Return 30-Year Average Annual Return
IIO.1%II.
10-Year Average Annual Return
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333 of 348
NHA PENSION SUMMARY REPORT— 2018/19 CALPERS ACTUARIAL REPORT (VALUATION AS OF JUNE 30, 2017)
7-YEAR HISTORY OF NORMAL AND UAL COSTS AND % OF PAYROLL
The two charts below provided a breakdown of Normal and UAL costs for both of the City's plans over the last
seven (7) years, as well as the percentage of total payroll that those payments represent. Note that the Normal
Cost component only includes the Employer share and does not include the Employee share, or any portion of
the Employee share being picked up by the City. As shown, Miscellaneous Plan payments will have grown from
$2.2 million (21% of payroll) in FYE 2014 to $4.0 million (32% of payroll) by FYE 2020. Similarly, Safety Plan
payments will have grown from $4.5M (38% of payroll) in FYE 2014 to $7.4M (54% of payroll) by FYE 2020.
$8,000,000
$7,000,000
$6,000,000
$5,000,000
$4,000,000
$3,000,000
$2,000,000
$1,000,000
so
21% 22%
Miscellaneous Plan
26%
23%
.a1 a
n o
o v
• tD
O N
eel ~
of
a
eel
r
27%
N
r
CO
rl
VI
30%
0
00
e^1
rV
N
32%
Oat
00
00
N
1A
d
60% $8,000,000
$7,000,000
$6,000,000
$5,000,000
30% $4,000,000
$3,000,000
40%
50%
20%
10%
0%
38%
Ot
m
N
41%
O
m
00
N
Safety Plan
43%
Ln
N
00
ID
ID
54%
50%
48%
rn
0
N
00
M
VF
n
m
m
00
K
$2,000,000It
$1,000,000
$0
LV}
2015 2016 2017 2018 2019 2020 2014 2015 2016 2017 2018 2019 2020
Employer Normal Cost UAL Payment -% of Payroll
illllllllllll� Employer Normal Cost UAL Payment - % of Payroll
60%
50%
20%
10%
0%
UAL HISTORY AND SENSITVITY
The chart at the top of the next page depicts the City's UAL and Funded Status for each plan annually from June
30, 2012 valuation date through June 30, 2017 valuation date. Overall, the City's UAL has increased by 33%
during that time, increasing by $51.7M (from $48.4M to $100.1M). Funded ratios for the plans have decreased
from 86.1% to 72.5% for the Miscellaneous Plan and from 75.8% to 65.5% for the Safety Plan. The key factors
impacting the UAL fluctuations over this period include:
• 2013 4 2014: Discount Rate lowered from 7.75% to 7.50%; PERS changed mortality assumptions
(people living longer) and moved from an actuarial valuation of assets ("AVA") to a market valuation of
assets ("MVA") which significantly increased the UAL
• 2014 4 2015: Strong returns of 13.2% (2013) and 18.4% (2014) factor into a reduced UAL
• 2015 4 2016 4 2017: Below average returns of 2.4% and 0.6%, combined with discount rate reduction
from 7.50% to 7.00% (phased in over 3 years) factor into an increased UAL
• 2017 4 2018: Above average returns of 11.2% factor into a reduced UAL
Based on the 8.6% returns for FYE 2018, we expect the City's UAL to decrease slightly. However, it will likely be
off -set by the final year of the phased discount reduction from 7.25% to 7.00%, which will drive the UAL higher.
Sensitivity Analysis: Based on the PERS report, if the discount rate is lowered to 6.0% (or long-term investment
returns equal 6.0%), the City's UAL would increase an additional 53%, or $53.5 million.
N H A I A D V I S O R S Disclaimer: NHA Advisors, LLC is not registered
or licensed as an actuary
Financial & Policy Strategies.
Delivered.
4 I P A
334 of 348
NHA PENSION SUMMARY REPORT — 2018/19 CALPERS ACTUARIAL REPORT (VALUATION AS OF JUNE 30, 2017)
$100,000,000
$80, 000,000
c$60,000,000
0
¢$40, 000,000
$20,000,000
$0
86.1%
v.414 4% p
67.0%
75.
UAL History and Funded Status
$49,963,923
$25,379,425
$13,076,820
6/30/2012 6/30/2013
7 $ 490
71.0%
$47,534,815
$23,314,580
68.8%
$52,654,718
$27,460,506
64.4%
$63,205,750
$34,614,284
•
65.5%
$66,080,929
$33,994,341
6/30/2014 6/30/2015 6/30/2016 6/30/2017
100.0%
90.0%
80.0%
70.0%
60.0%
50.0%
40.0%
30.0%
20.0%
Miscellaneous UAL Safety UAL —Funded Status (Misc) Funded Status (Safety)
Source: Ca1PERSActuarial Reports; 6/30/2012 UAL based on AVA; MVA thereafter
Funded Status
30-YEAR COST PROJECTIONS
The chart below depicts cost projections for the next 30-years and is primarily based on the UAL and Norma
Cost figures shown in the 2018/19 PERS actuarial report. For the Normal Cost, we have matched the growth that
is presented in the PERS report through FYE 2025 (3% payroll growth), but have assumed no growth thereafter
given that these costs will be dependent on future employee turnover, which is difficult to predict (costs for
classic employees will increase with payroll increases, but off -set by lower costs for new PEPRA employees). As
shown below, annual costs are rapidly increasing from $9.8M in FYE 2019 to $15.8M by FYE 2025. The red box
below highlights that there are $24.0M of cumulative, increased PERS required payments above 2019 levels
through FYE 2025.
$18,000,000
$16,000,000
$14,000,000
$12,000,000
$10,000,000
$8,000,000
$6,000,000
$4,000,000
$2,000,000
$0
30-Year Projected PERS Costs - UAL & Normal Cost
•
• I
IHIHb._
$24M of Cumulative Increases
Above FY 2019 Levels
III., i Illlllllliii'
CO 01 0 r--I N
c I c N N
0 0 0 0 0
N N N N N
m dr 1.11
0 0 0
N N N
L0 N 00 Cl 0
N N N N m
0 0 0 0 0
NNNNN
e1
m
0
N
rfi
m re)
0 0
m
O
N
Miscellaneous Normal Cost ■Safety Normal Cost
Lf)
m
O
M m
0 0
00 01 0
m m V - V C
O O 0 0 0 0
NNNNNN
• Ln i0 N 00
O O O O O
NNNN N
■ Miscellaneous UAL Safety UAL
Source: 2018 CaIPERS Actuarial Reports; UAL through 2025 from page5, UAL from 2026 through 2048 from page 18; Normal Cost Assumes 3% growth for next five years and 0% theref of ter
N H A I A D V I S O R S Disclaimer: NHA Advisors, LLC is not registered
or licensed as an actuary
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335 of 348
NHA PENSION SUMMARY REPORT — 2018/19 CALPERS ACTUARIAL REPORT (VALUATION AS OF JUNE 30, 2017)
Why Is My Payment Schedule Increasing So Rapidly? — The City's UAL is comprised of several components
(called "bases"), each of which has a different time period for repayment. This schedule is shown on Page 16 of
the 2018/19 PERS actuarial reports. When viewed in totality, a large portion of the bases and applicable UAL are
being amortized over the next 6-20 years. Additionally, most of the recent increases are being amortized on a
"step-up" schedule, meaning that the increases are phased in over the first five (5) years before plateauing at
the full 100% required payment. This exacerbates the "increasing" repayment shape in the near term. Given that
some of the City's largest amortization bases are paid off over the next 6-20 years, the City will see a decrease
in required payments beginning in FYE 2033 (this of course assumes no major changes to the UAL moving
forward).
What Costs are Attributable to Only the General Fund and How Much of the Total Budget is That? — The chart
below estimates projected PERS costs that are attributable to the City's General Fund. Based on a 25% allocation
of Miscellaneous Plan costs to the City's utility and other funds, only the remaining 75% of this Plan's costs are
included in the chart below. Combined with the City's outstanding debt (2017 Lease Revenue Bonds, 2017 Clean
and Renewable Energy Bonds, 2017 RCS Note, and 2010 Honeywell Lease) rising PERS costs are projected to put
pressure on the City's budget, with PERS costs representing approximately 19% of the City's annual budget for
the next 5 years.
$18,000,000
$16,000,000
$14,000,000
$12,000,000
$10,000,000
$8,000,000
$6,000,000
$4,000,000
$2,000,000
$o
General Fund Debt Service and Pension Costs
Total GF CalPERS Payments Represent
about 19% of Total GF Budget
75% Miscellaneous Plan Costs + 100% Safety Plan Costs
111.1111111111111111 II
�--� ON N N N N N N N CO N 001 M m m m m M M M M C C C Cr -
O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N
■General Fund Pension Costs
• Other General Fund Debt (Bonds/Loans/Leases)
Source: 2018 CalPERS Actuarial Reports and City CAFR
While there is no "magic bullet" to solve the issue of rising pension costs, there are several strategies that
municipalities have undertaken to better manage these costs and/or create alternative repayment schedules.
The information presented on the next page provides a quick summary of each. Aside from these five (5) pension
specific strategies outlined, the City can also evaluate other internal cost cutting measures and/or negotiating
with employees to increased pension cost sharing. NHA can provide a more precise analysis if the City is
interested in learning more about any of the five strategies shown below and the cost/benefits of each.
N H A I A D V I S O R S Disclaimer: NHA Advisors, LLC is not registered
or licensed as an actuary
Financial & Policy Strategies.
Delivered.
6IPA
336 of 348
NHA PENSION SUMMARY REPORT — 2018/19 CALPERS ACTUARIAL REPORT (VALUATION AS OF JUNE 30, 2017)
r 1
• 3.5% discount
r
Exit CaIPERS
• Cost prohibitive
Request "Fresh -Start"
Amortization
r
• New linear
payment shape
Use Cash Reserves to
Pay Extra
1. Direct Pay -Down of
UAL with PERS
2. Section 115 Trust
Borrow Money to Pay
Down Portion of UAL
1. Internal Loan
2. POB Issuance
1. Pre -Pay UAL at Beginning of Fiscal Year: Instead of making monthly payments, the City can prepay its annual
UAL payment in July and receive a 3.5% discount (half the discount rate) on the required amount. The City
currently employs this annual strategy.
FYE 2020 Estimated Savings: Based on a total required UAL contribution of $7.0M for FYE 2020, the City of
National City would save $246,000 by executing a pre -payment strategy by July 315Y of 2019.
2. Exit CaIPERS: Many cities have expressed interest in leaving PERS. Unfortunately, this option is extremely
cost prohibitive given that PERS uses a "risk -free" rate of return to calculate this payment (see Hypothetical
Termination Liability section in PERS report). Hypothetical rates of return of 3.00% and 1.75% were used in
the most recent actuarial report, translating to an estimated termination payment somewhere between
$545 million and $614 million, respectively.
3. Fresh -Start: The City can use the fresh start option that PERS provides to shorten the amortization period
and create a more linear payment structure. The UAL remains the same and is amortized at the same
discount rate, so there is no present value savings to the modified structure. A shorter fresh -start time
horizon will increase payments in the near term even further, but will reduce the overall cumulative
payments since there would be less interest being paid over time. Assuming a 15-year fresh -start for the
Miscellaneous Plans and 15-year for the Safety Plans (see page 18 of the PERS reports), the annual cash flow
savings over the first 15 years is negative (�23% increase in payments), with no payments beyond year 15,
which is where the cash flow savings are realized. While the City's annual payments would be higher initially,
the net impact is about $41 million in reduced payments over the next 30 years.
$16,000,000
$14,000,000
$12,000,000
$10,000,000
$8,000,000
$6,000,000
$4,000,000
$2,000,000
$0
National City 15-Year Fresh Start Analysis
Years 16-30: $73.1M in
Tota I Savings
ON N N N N N N N CO N OM M M M M M M M M M C ct d' c1'
O O 0 O O 0 O O O 0 O O O 0 0 O 0 0 O O 0 0 O O 0 0 O O 0
N N N N N N N N N N N N N N N N N N N N N N N N N N N N N
Current UAL Payments
Source: 2018 Ca!PERS Actuarial Report
15-Year Fresh -Start Payments
4. Use Cash to Increase Contributions: The City can use cash reserves to make additional contributions in one
of two ways. It can directly pay off a portion of the amortization bases with PERS or it can set up a separate
Section 115 trust that is managed by a separate entity, such as Public Agency Retirement Services (PARS).
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NHA PENSION SUMMARY REPORT — 2018/19 CALPERS ACTUARIAL REPORT (VALUATION AS OF JUNE 30, 2017)
For a direct pay down, the City can choose any amortization base within
either of its plans and will get credit at the discount rate of 7.0%, thereby
eliminating the future payments associated with that amortization base
that is paid off. It is important to note that the longer (maturity) the
amortization base is, the more cumulative cash flow savings there is, but
less on an annual basis. Conversely, a shorter amortization base paid off
translates into more annual savings, but less on a cumulative basis. As an
example, the table to the right depicts the future payment reductions
from a $5,000,000 pay -down, both for a 10-year base and a 20-year base.
A Section 115 Trust is a separate account managed by a third party, not
PERS, but can only be used to fund pension -related costs. The key benefit
of this trust is flexibility, meaning that the City can elect when and how it
would like to utilize the funds. The funds can be invested in a variety of
ways, with varying investment objectives available based on the City's
desired risk tolerance. Over the past two fiscal years, the City has
prudently transferred $1.65 million of surplus monies to a Section 115
Trust managed by PARS. As an example, the City could contribute an
additional $5 million this fiscal year to bring the balance up to $6.65 million.
These funds could be left in the account to grow over time, could be used
to make additional contributions directly to PERS, or used to help make the
$17,000,000
$16,000,000
$15,000,000
$14,000,000
$13,000,000
$12,000,000
$11,000,000
$10,000,000
$9,000,000
$8,000,000
Section 115 Example: "Smoothing" From 2023-2033
Assumes $5M Added to Section 115
- Section 115 Funds Used to
Offset Higher Payment Years
- $6.6M + $2.1M in
Investment Earnings = $8.7M
Reduced Payments
O N N m V ▪ lD r- 00 Ol 0 .-i N m V Vl l0 N CO Ol O t--4 N
N N N N N N N N N N m m m m m rn m m m m
O O O O O O coo O O O O O O O O O O O coo
• NNNNNNNNNN N N N N N NNNNN N N
000
N N
Reduced Payments from
$5.0 Million Pay Down
20-Year 10 Year
Amortization Amortization
Fiscal Year Base Base
2020
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
2037
2038
2039
Reduced
Payments
Initial Deposit
373,561
383,367
393,430
403,758
414,357
425,234
436,396
447,851
459,607
471,672
484,053
496,760
509,800
523,182
536,916
551,010
565,474
580,317
595,551
611,184
619,629
635,895
652,587
669,717
687,297
705,339
723,854
742,855
762,355
782,367
9,663,479 6,981,895
f5,000,000) (5,000,000)
Net Savings 4,663,479 1,981,895
Assumes a 7.00% Discount Rate and 2.625%
Annual Payroll Growth
City's required annual PERS
payments during challenging
budgetary years. The chart to
the left depicts an example
where the City draws down
the Section 115 trust between
FY 2023 and FY 2033 in order
to "smooth" out its annual
▪ payments and offset spiking
0 ▪ 0 0
N N N payment years.
5. Borrow Money to Pay Portion of UAL: Some cities have borrowed money (either internally from other funds,
or publicly from investors through a Penson Obligation Bond issuance) to pay down a portion of their UAL
and replace those PERS payments with new payments at a lower interest rate. It is important to note that
any prepayment of UAL is not without risks, most notably, reinvestment/market timing risk in this instance.
The rule of thumb is that a borrowing will produce positive present value ("PV") savings if the investment
earnings earned by PERS is greater than the rate paid on the new borrowing. The ability to restructure
("smooth -out") the overall payment shape to enhance budget predictability is, in our view, a more important
consideration than trying to create PV savings through arbitrage. Recently, there have been cities in
California who have executed both of these strategies in order to restructure their payments and reduce
and/or eliminate their UAL.
N H A I ADVISORS Disclaimer: NHA Advisors, LLC is not registered
Financial & Policy Strategies.
Delivered.
or licensed as an actuary
81PA
338 of 348
NHA PENSION SUMMARY REPORT — 2018/19 CALPERS ACTUARIAL REPORT (VALUATION AS OF JUNE 30, 2017)
OTHER RESOURCES
• League of California Cities: https://www.cacities.org/
o Pension: https://www.cacities.org/Policy-Advocacy/Hot-Issues/Retirement-System-Sustainability
• Government Finance Officers Association: http://www.gfoa.org/
o Pension: http://www.gfoa.org/pension-resource-center
• CaIPERS: https://www.calpers.ca.gov/
o List of Actuaries: https://www.calpers.ca.gov/docs/opeb-actuaries.pdf
NHA I ADVISORS
Financial & Policy Strategies.
Delivered.
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or licensed as an actuary
339 of 348
CC/CDC-HA Agenda
4/16/2019 — Page 340
The following page(s) contain the backup material for Agenda Item: No vacancy in the
Office of the City Clerk due to retirement delay. (City Attorney)
Please scroll down to view the backup material.
340 of 348
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: April 16, 2019
AGENDA ITEM NO.
ITEM TITLE: No vacancy in the Office of City Clerk due to retirement delay.
PREPARED BY: Angil P. Morris -Jones, City Attorney DEPARTMENT: City Attorney
PHONE:
Ext. 4222
EXPLANATION:
Please see attached staff report.
APPROVED BY:
FINANCIAL STATEMENT:
ACCOUNT NO.
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
Staff Report
341 of 348
+— CALIFORNIA
NATIONAL Clint
awv
INCORPORATE)
OFFICE OF NATIONAL CITY ATTORNEY
MEMORANDUM
DATE: April 16, 2019
TO: Mayor and City Councilmembers
FROM: Angil P. Morris -Jones, City Attorney
SUBJECT: Retirement Delay Results in No Vacancy in the Office of City Clerk
At the April 2nd City Council Meeting, City Clerk Michael Dalla announced his
intention to retire after 44 years of service with the City. The Mayor requested that
the City Attorney prepare a report for the April 16th City Council Meeting regarding
the steps required to fill the resulting vacancy in the elective office of City Clerk.
The City Clerk has since advised that; based on concerns that have come to Tight
since he announced his intention to retire, his desire to pursue City Council
approval of an Ordinance limiting local campaign contributions as well as his desire
to complete his term of office, he has decided to forgo retirement at this time.
The City Clerk's decision to remain in his elected office until the expiration of his
term, makes the Mayor's question regarding the legal requirements to fill a vacancy
in the Office of the National City Clerk no longer ripe for City Council
discussion.
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CC/CDC-HA Agenda
4/16/2019 — Page 343
The following page(s) contain the backup material for Agenda Item: Resolution of the
Community Development Commission -Housing Authority of the City of National City
authorizing the full repayment of an unsecured loan with a current balance of $4,941,000
made by the City of National City to fund the acquisition of land for the Paradise Creek
Affordable Housing Project and to be paid from the proceeds of the sale of the
improvements at Kimball and Morgan Towers. (Housing & Economic Development)
Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA
COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY
COUNCIL AGENDA STATEMENT
MEETING DATE: April 16, 2019
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the Community Development Commission -Housing Authority of the City of National City
authorizing the full repayment of an unsecured loan with a current balance of $4,941,000 made by the
City of National City to fund the acquisition of land for the Paradise Creek Affordable Housing Project
and to be paid from the proceeds of the sale of the improvements at Kimball and Morgan Towers.
PREPARED BY:
Carlos Aguirre, Housing and Economic Dev. Mgr.
PHONE: 619-336-4391
EXPLANATION:
DEPARTME
APPRO BY:
The City of National City made a loan on April 30, 2013 to the Community Deve op gent Commission of
the City of National City ("CDC -HA") for $4,941,000 as seller carry -back financing for the acquisition of
land by the CDC -HA from the City for use in the development of 201 affordable rental housing units at
Paradise Creek at 22nd and Hoover Avenue (see attached Promissory Note ["Note"]). The CDC -HA
retained ownership of the land and entered into a 99-year lease for both Phases of the affordable
housing project. On March 29, 2019, the CDC -HA received $27,835,846.60 in unrestricted and
unencumbered revenue from the sale of the improvements at Kimball and Morgan Towers and can use
part of these proceeds to repay the outstanding Note to the City of National City. The City's Note bears
no interest and can be prepaid without penalty.r
Housing & Economic
evelopment
FINANCIAL STATEMENT:
ACCOUNT NO. 001-0281 Advances to Other Funds
The loan repayment will increase the City's General
ENVIRONMENTAL REVIEW:
The loan repayment is not considered a project as defined by the California Environmental Quality Act
(CEQA), and is therefore not sub'ect to CEQA.
APPROVED:
Finance
APPROVED: MIS
d unassigned fund balance by $4,941,000.
ORDINAE: INTRODUCTION:IL ADOPTION:
STAFF RECOMMENDA
Adopt the Resolution.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Staff Report
2. Promissory Note
3. Resolution
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PROMISSORY NOTE
(Westside TOD Affordable Site)
("Note")
National City, California August 209 3 3^
V, LV1J
1. Principal; No Interest. For value received and in consideration of the Purchase and Sale
Agreement (Westside TOD Affordable Site) dated as of August 20, 2013 ("Agreement"), by and
between the City of National City ("Seller") and Community Development Commission -
Housing Authority of the City of National City ("Maker"), Maker promises to pay to Seller, or
order, at 1243 National City Boulevard, National City, California 91950-4397, or such other
place as the holder may from time to time designate by written notice to Maker, the principal
sum of Four Million Nine Hundred Forty -One Thousand and No/100 Dollars ($4,941,000.00).
This Note shall not bear interest. The principal amount of this Note represents the remaining
balance of the purchase price for Maker's purchase of Parcel 1 (as defined in the Agreement)
from Seller and the full purchase price for Maker's purchase of Parcel 2 (as defined in the
Agreement) from Seller, pursuant to the Agreement. All capitalized terms which are not defined
herein shall have the meaning ascribed to them in the Agreement.
2. Tenn of Loan, Due Date and Right of Prepayment. Payments shall be due and payable as
follows:
(a) The Maker intends to ground lease Parcel 1 and Parcel 2, as such terms are
defined in the Agreement, and make one or more residual receipts loans to the developers of
Parcel 1 and Parcel 2, for the development of a 201 unit affordable housing project pursuant to
that certain Disposition and Development Agreement ("DDA") entered into June 21, 2011 by
and between Paradise Creek Housing Partners, L.P. and the Community Development
Commission of the City of National City in its capacity as the Redevelopment Agency of the
City of National City. Those ground leases may or may not require annual ground rent payments
to be made to the Maker. Those residual receipts loans will require the developers of Parcel 1
and Parcel 2 to make annual payments to the Maker based on the residual receipts generated by
the operations on Parcel 1 and Parcel 2, if any. The Maker shall pay to the Seller an amount
equal to the amount received from the developers of Parcel 1 and Parcel 2 (whether from ground
rent or residual receipts payments) within ten (10) business days of Maker's receipt of the same.
The Maker shall have no obligation to make any payments to Seller hereunder, unless and until
the Maker receives funds from the developers of Parcel 1 and Parcel 2, except that as set forth in
Section 2(b), below.
(b) Notwithstanding the provisions of Section 2(a), above, if all amounts otherwise
payable hereunder are not paid in full within sixty-five (65) years from the date first set forth
above, all principal shall be due and payable.
(c) This Note shall be payable in full upon acceleration of this Note pursuant to the
provisions of Paragraph 4 of this Note.
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(d) This Note shall be payable in full upon the conveyance of all or any part of the fee
interest in Parcel 1 or Parcel 2.
(e) This Note may be prepaid in whole or in part at any time and, from time to time,
without notice or penalty. Any prepayment shall be allocated first to unpaid interest, if any, and
then to principal.
3. Unsecured Note. This Note shall be unsecured.
4. Acceleration Upon Default. Notwithstanding Section 2, above, or anything contained
herein to the contrary, in the event of: (i) any default in the performance of any of the terms,
covenants and conditions contained in this Note or the Agreement, in each case after the
expiration of applicable cure periods, or (ii) in the event of the filing of a bankruptcy proceeding
by or against Maker which is not dismissed within ninety (90) days thereafter, then all sums
owing by Maker to the Seller shall at the option of the Seller immediately become due and
payable. These remedies shall be in addition to any and all other rights and remedies available to
the Seller, either at law or in equity.
5. Costs Paid by Maker. Maker agrees to pay the following costs and expenses incurred by
the holder of this Note, or adjudged by a court: (a) reasonable costs, expenses and attorneys' fees
paid or incurred in connection with the collection or enforcement of this Note, whether or not
suit is filed; and (b) costs of suit and such sum as the court may adjudge as reasonable attorneys'
fees in any action to enforce payment of this Note or any part of it.
6. Payment and Interest Calculation. Payments shall be applied to interest first, if any, and
then to any unpaid principal balance.
7. Recourse Note. In any action brought to enforce the obligations of Maker under this
Note, the judgment or decree shall be enforceable against Maker.
8. Late Charge. If any installment due hereunder is not paid within fifteen (15) days from
the date due, Maker promises to pay a "late charge" of $100.00 to defray the expense incident to
handling any such delinquent payment or payments.
9. Severability. If any provision of this Note is determined to be void by court of competent
jurisdiction, such determination shall not affect any other provisions of this Note, and such other
provisions shall remain in full force and effect.
10. Non -Waiver. No delay in demanding or failure to demand performance hereunder shall
constitute a waiver by the holder of its right to subsequently demand such performance or to
exercise any remedies for any default hereunder. Further, in order to be effective, any waiver of
any of the Seller's rights and remedies hereunder must be in a writing signed by the Seller.
Further waiver by the Seller of any right hereunder shall not constitute a waiver of any other
right, including but not limited to the right to exercise any and all remedies for a different or
subsequent event of default.
2
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Maker:
Community Development Commission -Housing Authority of the City of National City
By:
Ron Morrison, Chairman
Approved as to Form:
By:
Cl = a a Silva
General Co - 1
3
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RESOLUTION NO. 2019 —
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION -HOUSING
AUTHORITY OF THE CITY OF NATIONAL CITY AUTHORIZING THE FULL REPAYMENT TO
THE CITY OF AN UNSECURED LOAN WITH A CURRENT BALANCE OF $4,941,000 MADE
BY THE CITY OF NATIONAL CITY TO FUND THE ACQUISITION OF LAND FOR THE
PARADISE CREEK AFFORDABLE HOUSING PROJECT AND TO BE PAID FROM THE
PROCEEDS OF THE SALE OF THE IMPROVEMENTS AT KIMBALL AND MORGAN
TOWERS
WHEREAS, the City of National City made a loan on April 30, 2013 to the
Community Development Commission of the City of National City ("CDC -HA") for $4,941,000 as
seller carry -back financing for the acquisition of land by the CDC -HA from the City for use in the
development of 201 affordable rental housing units at Paradise Creek at 22nd and Hoover Avenue;
and
WHEREAS, the CDC -HA retained ownership of the land and entered into a 99-
year lease for both Phases of the affordable housing project at Paradise Creek; and
WHEREAS, on March 29, 2019, the CDC -HA received $27,835,846.60 in
unencumbered revenue from the sale of the improvements at Kimball and Morgan Towers and
can use part of said revenue proceeds to repay the outstanding loan to the City of National City.
NOW, THEREFORE, BE IT RESOLVED that the Community Development
Commission -Housing Authority of the City of National City authorizes the the full repayment to
the City of an unsecured loan with a current balance of $4,941,000 made by the City of National
City to fund the acquisition of land for the Paradise Creek Affordable Housing Project and to be
paid from the proceeds of the sale of the improvements at Kimball and Morgan Towers. The loan
repayment will become part of the City's General Fund unassigned fund balance.
PASSED and ADOPTED this 16th day of April, 2019.
Alejandra Sotelo-Solis, Chairwoman
ATTEST:
Stephen Manganiello, Secretary
APPROVED AS TO FORM:
Angil P. Morris -Jones
General Counsel
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