HomeMy WebLinkAboutDraft Agenda Packet - 02-18-2020 CC HA AgendaAGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/
COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF
THE CITY OF NATIONAL CITY
CALIFORNIA
NATIONAL Orr
J337
�ACORPORATED
ALEJANDRA SOTELO-SOLIS
Mayor
MONA RIOS
Vice Mayor
JERRY CANO
Councilmember
RON MORRISON
Councilmember
GONZALO QUINTERO
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, FEBRUARY 18, 2020 - 6:00 PM
ORDER OF BUSINESS: Public sessions of all Regular Meetings of the
City Council / Community Development Commission - Housing
Authority (hereafter referred to as Elected Body) begin at 6:00 p.m. on
the first and third Tuesday of each month. Public Hearings begin at
6:00 p.m. unless otherwise noted. Closed Meetings begin in Open
Session at 5:00 p.m. or such other time as noted, and after announcing
closed session items, convenes into a Closed Meeting. If a workshop
is scheduled, the subject and time of the workshop will appear on the
agenda. The Mayor and Council members also sit as the Chairperson
and Members of the Board of the Community Development
Commission (CDC).
REPORTS: All open session agenda items and reports as well as all
documents and writings distributed to the Elected Body less than 72
hours prior to the meeting, are available for review at the entry to the
Council Chambers. Regular Meetings of the Elected Body are webcast
and archived on the City's website www.nationalcityca.gov.
PUBLIC COMMENTS: Prior to the Business portion of the agenda, the
Elected Body will receive public comments regarding any matters
within the jurisdiction of the City and/or the Community Development
Commission. Members of the public may also address any item on the
agenda at the time the item is considered by the Elected Body.
Persons who wish to address the Elected Body are requested to fill out
a "Request to Speak" form available at the entrance to the City Council
Chambers, and turn in the completed form to the City Clerk. The Mayor
or Chairperson will separately call for testimony of those persons who
have turned in a "Request to Speak" form. If you wish to speak, please
step to the podium at the appropriate time and state your name and
address (optional) for the record. The time limit established for public
testimony is three minutes per speaker unless a different time limit is
announced. Speakers are encouraged to be brief. The Mayor or
Chairperson may limit the length of comments due to the number of
persons wishing to speak or if comments become repetitious or
unrelated.
WRITTEN AGENDA: With limited exceptions, the Elected Body may
take action only upon items appearing on the written agenda. Items
not appearing on the agenda must be brought back on a subsequent
agenda unless they are of a demonstrated emergency or urgent
nature, and the need to take action on such items arose after the
agenda was posted.
CONSENT CALENDAR: Consent calendar items involve matters
which are of a routine or noncontroversial nature. All consent items are
1 of 264
CC/CDC-HA Agenda
2/18/2020 — Page 2
adopted by approval of a single motion by the City Council. Prior to such approval, any item may be
removed from the consent portion of the agenda and separately considered upon request of a
Councilmember, a staff member, or a member of the public.
Upon request, this agenda can be made available in appropriate alternative formats to persons with a
disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at
(619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior
to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this
meeting.
Spanish audio interpretation is provided during Elected Body Meetings. Audio headphones are available
in the lobby at the beginning of the meeting.
Audio interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos
estan disponibles en el pasillo al principio de la junta.
Spanish to English interpretation services are available to members of the public who wish to speak to
the City Council during the meeting. "Request to Speak" forms requesting interpretation must be filed
within the first two hours of the meeting.
Espanol a los servicios de interpretacion Ingles de audio esta disponibles para los miembros del publico
que desean hablar con el Ayuntamiento durante del Consejo Municipal. "Solicitud para hablar de" formas
solicitud de interpretacion deben ser presentadas dentro de las dos primeras horas del Consejo
Municipal.
COUNCIL REQUESTS THAT ALL CELL PHONES AND PAGERS BE TURNED OFF DURING CITY
COUNCIL MEETINGS.
2 of 264
CC/CDC-HA Agenda
2/18/2020 — Page 3
OPEN TO THE PUBLIC
A. CITY COUNCIL
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE TO THE FLAG
PUBLIC COMMENTS (THREE -MINUTE TIME LIMIT)
PROCLAMATIONS AND CERTIFICATES
1. National City Recognizes Barbara Chappell -Brown in Celebration of Black
History Month
AWARDS AND RECOGNITIONS
PRESENTATIONS
INTERVIEWS / APPOINTMENTS
REGIONAL BOARDS AND COMMITTEE REPORTS (FIVE-MINUTE TIME
LIMIT)
CONSENT CALENDAR
2. Motion of the City Council of the City of National City approving the
waiving of the reading of the text of the Ordinances or Resolutions that are
having a Public Hearing considered at this meeting and providing that
such Ordinances or Resolutions shall be introduced and/or adopted after a
reading of the title only. (City Clerk)
3. Approval of the Minutes of the Regular Meetings of the City Council and
Community Development Commission - Housing Authority of the City of
National City of October 1, 2019, October 15, 2019, November 5, 2019,
November 19, 2019, December 3, 2019, December 17, 2019 and January
21, 2020 and the Special Meetings of the City Council of the City of
National City of November 5, 2019, November 19, 2019, December 3,
2019 and January 21, 2020. (City Clerk)
4. Resolution of the City Council of the City of National City approving a First
Amendment to the Agreement with West Coast Arborists, Inc. for grant
coordination services for a CAL FIRE Urban and Community Forestry
Grant awarded to the City of National City, extending the term of the
3 of 264
CC/CDC-HA Agenda
2/18/2020 — Page 4
Agreement to March 30, 2021, and authorizing the Mayor to execute the
Amendment. (Engineering/Public Works)
5. Resolution of the City Council of the City of National City approving a First
Amendment to the Agreement with West Coast Arborists, Inc. for tree
planting services for a CAL FIRE Urban and Community Forestry Grant
awarded to the City of National City, extending the term of the Agreement
to March 30, 2021, and authorizing the Mayor to execute the Amendment.
(Engineering/Public Works)
6. Resolution of the City Council of the City of National City approving a First
Amendment to the Agreement with Geosyntec Consultants, Inc. to provide
on -call project support services for National City's Capital Improvement
Program (CIP), including, but not limited to, environmental engineering,
site assessments, characterization and remediation, groundwater
monitoring and reporting, and preparation of environmental studies in
accordance with the National Environmental Policy Act (NEPA) and
California Environmental Quality Act (CEQA), extending the term of the
Agreement one year to December 4, 2020, and authorizing the Mayor to
execute the Amendment. (Engineering/Public Works)
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 Mayor to
execute an Agreement with West Coast Arborists, Inc. for specialized tree
trimming, removal, and planting services, effective November 1, 2019
through January 7, 2022, for an amount not to exceed $90,000 by
piggybacking onto the City of Encinitas' Urban Forestry Maintenance
Services Contract. (Engineering/Public Works)
8. Resolution of the City Council of the City of National City adopting
Caltrans' Local Assistance Procedures Manual (LAPM), Chapter 10
Consultant Selection to ensure compliance with Federal and State laws
and regulations pertaining to use of consultant services on State and
Federal funded transportation projects. (Engineering/Public Works)
9. Resolution of the City Council of the City of National City authorizing the
City Manager to execute a Confidentiality and Hold Harmless Agreement
between the California Department of Transportation (Caltrans) and the
City of National City for the sharing of electronic files, and designating the
City Engineer as the person responsible for the security and confidentiality
of the information provided by Caltrans. (Engineering/Public Works)
10. Resolution of the City Council of the City of National City authorizing the
installation of "30-minute parking" signs for 12 angle parking spaces
located on the west side of "A" Avenue, south of E. 7th Street, in front of
726 "A" Avenue (Niederfrank's Ice Cream), 724 "A" Avenue (National
4 of 264
CC/CDC-HA Agenda
2/18/2020 — Page 5
Sewing Machines), and 704 "A" Avenue (Vee Parts & Accessories) to
increase parking turnover for customers (TSC No. 2019-18).
(Engineering/Public Works)
11. Resolution of the City Council of the City of National City authorizing the
installation of 36 feet of white curb "3-Minute Passenger Loading" on the
east side of "V" Avenue in front of the church "Ni Christo" located at 2201
E. 8th Street (TSC No. 2019-19). (Engineering/Public Works)
12. Resolution of the City Council of the City of National City authorizing the
donation of a 1991 Chevrolet utility truck and 2004 Pierce fire engine to
assist the City of Tecate. (Fire)
13. Warrant Register #28 for the period of 1 /1 /20 through 1/7/20 in the amount
of $1,067,876.73. (Finance)
14. Warrant Register #29 for the period of 1/8/20 through 1/14/20 in the
amount of $2,043,400.87. (Finance)
PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS
NON CONSENT RESOLUTIONS
15. Resolution of the City Council of the City of National City adding the
property located at 555 East 1st Street to the Citys List of Identified
Historic Sites. (Applicant: Justin Tjalma) (Case File 2020-01 HL)
Planning) **Companion Item #16**
16. Resolution of the City Council of the City of National City authorizing the
Mayor to execute a Mills Act Historic Preservation Contract for 555 East
1st Street. (Applicant: Justin Tjalma) (Case File 2020-01 M) (Planning)
**Companion Item #15**
NEW BUSINESS
17. 2019 Housing Element Annual Progress Report pursuant to California
Government Code Section 65400. (Planning)
18. Commercial Cannabis fiscal analysis, Outreach October survey results
and discussion and direction from City Council to staff regarding additions
to the proposed commercial cannabis ordinance. (City Manager)
B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY
CONSENT RESOLUTIONS - HOUSING AUTHORITY
PUBLIC HEARINGS: RESOLUTIONS - HOUSING AUTHORITY
5 of 264
CC/CDC-HA Agenda
2/18/2020 — Page 6
NON CONSENT RESOLUTIONS - HOUSING AUTHORITY
NEW BUSINESS - HOUSING AUTHORITY
C. REPORTS
STAFF REPORTS
MAYOR AND CITY COUNCIL
CLOSED SESSION REPORT
ADJOURNMENT
Regular Meeting of the City Council and Community Development
Commission - Housing Authority of the City of National City - Tuesday -
March 17, 2020 - 6:00 p.m. - Council Chambers - National City, California.
6 of 264
CC/CDC-HA Agenda
2/18/2020 — Page 7
The following page(s) contain the backup material for Agenda Item: National City
Recognizes Barbara Chappell -Brown in Celebration of Black History Month
Please scroll down to view the backup material.
7 of 264
Item #
02/18/20
National City Recognizes Barbara Chappell -Brown
in Celebration of Black History Month
8 of 264
CC/CDC-HA Agenda
2/18/2020 — Page 9
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 or Resolutions that are having a Public Hearing considered at this meeting
and providing that such Ordinances or Resolutions shall be introduced and/or adopted
after a reading of the title only. (City Clerk)
Please scroll down to view the backup material.
9 of 264
Item #
02/18/20
MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY APPROVING THE WAIVING OF THE READING OF THE
TEXT OF THE ORDINANCES OR RESOLUTIONS THAT ARE
HAVING A PUBLIC HEARING CONSIDERED AT THIS MEETING
AND PROVIDING THAT SUCH ORDINANCES OR RESOLUTIONS
SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING
OF THE TITLE ONLY.
(City Clerk)
10 of 264
CC/CDC-HA Agenda
2/18/2020 — Page 11
The following page(s) contain the backup material for Agenda Item: Approval of the
Minutes of the Regular Meetings of the City Council and Community Development
Commission - Housing Authority of the City of National City of October 1, 2019,
October 15, 2019, November 5, 2019, November 19, 2019, December 3, 2019, December
17, 2019 and January 21, 2020 and the Special Meetings of the City Council of the City
of National City of November 5, 2019, November 19, 2019, December 3, 2019 and
January 21, 2020. (City Clerk)
Please scroll down to view the backup material.
11 of 264
Item #
02/18/20
APPROVAL OF THE MINUTES OF THE REGULAR MEETINGS
OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT
COMMISSION — HOUSING AUTHORITY OF THE CITY OF
NATIONAL CITY OF OCTOBER 1, 2019, OCTOBER 15, 2019,
NOVEMBER 5, 2019, NOVEMBER 19, 2019, DECEMBER 3, 2019
DECEMBER 17, 2019 AND JANUARY 21, 2020 AND THE
SPECIAL MEETINGS OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY OF NOVEMBER 5, 2019, NOVEMBER 19, 2019
DECEMBER 3, 2019 AND JANUARY 21, 2020.
(City Clerk)
12 of 264
Book 101 / Page 176
10-01-2019
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 1, 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
6:06 p.m. by Mayor / Chairwoman Alejandra Sotelo-Solis.
ROLL CALL
Council / Board members present: Cano, Morrison, Quintero, Rios, Sotelo-Solis.
Administrative Officials present: Aguirre, Dalla, Denham, Duong, Meteau,
Morris -Jones, Olson, Parra, Raulston, Roberts, Tellez, Vergara, Williams, Yano,
Ybarra.
Others present: City Treasurer Mitch Beauchamp.
PLEDGE OF ALLEGIANCE TO THE FLAG BY COUNCILMEMBER RIOS
CERTIFICATE OF ADJOURNMENT
Mayor Sotelo-Solis shared highlights of the life of Perla Medina and presented a
Certificate of Adjournment to the family members. Mayor Sotelo-Solis announced
that the meeting will be adjourned in her memory.
PUBLIC COMMENTS
The following individuals spoke on public health concerns regarding marijuana
and/or vaping use: Becky Rapp, Terri -Ann Skelly, Kathleen Lippett, and
Scott Chipman.
Laura Wilkinson, South County Economic Development Council (SCEDC)
Boardmember, extended an invitation to the Mayor and Council for SCEDC's 30th
Anniversary event. She spoke in support of the cannabis industry.
The following individuals spoke on issues occurring at the Senior Nutrition Center
and Morgan Kimball Towers: Maria Anaya, Alberto, Pucce, Blanca Juarez,
MariaTeresa Molina, and Beatriz Vizcaino.
PROCLAMATIONS AND CERTIFICATES
PROCLAMATION AND CERTIFICATE ADMIN (102-2-1)
1. SANDAG iCommute's Rideshare Week 2019
PROCLAMATION AND CERTIFICATE ADMIN (102-2-1)
2. Mexico's General Consulate 19th Binational Health Week
1
13 of 264
Book 101 / Page 177
10-01-2019
PROCLAMATIONS AND CERTIFICATES (cont.)
PROCLAMATION AND CERTIFICATE ADMIN (102-2-1)
3. National City Recognizes Latino Heritage Month: (A) Al and Rosie
Alvarado, (B) Our Public Safety Leaders Chief of Police Jose Tellez, Chief
of Emergency Services Frank Parra, and Director of Community
Development Armando Vergara, (C) The Low Rider Community
PROCLAMATION AND CERTIFICATE ADMIN (102-2-1)
4. Life Saving Recognition - Officer Camilo Gutierrez
Member Cano left the Chamber at 7:29 p.m. and did not return.
PRESENTATIONS
COUNCIL MEETING PRESENTATIONS 2019 (102-10-14)
5. EXOS Executive Summary for Las Palmas Pool operations during Fiscal
Year 2019. (Community Services)
COUNCIL MEETING PRESENTATIONS 2019 (102-10-14)
6. Community Survey for Strategic Planning. (City Manager)
NOTE: Presentation material for Item No. 5 is available in the Office of the City
Clerk.
REGIONAL BOARDS AND COMMITTEE REPORTS
San Diego Association of Governments (SANDAG)
Mayor Sotelo-Solis gave updates on the Regional Transportation Plan (RTIP) and
priority projects.
Metropolitan Transit System (MTS)
Member Rios reminded everyone to take advantage of MTS's Free Ride Day and
she will provide updates on SD Elevate 2020 next month.
San Diego County Water Authority (SDCWA)
Vice Mayor Morrison gave updates on a number of issues involving two water
districts wishing to withdraw from the SDCWA.
CITY COUNCIL
CONSENT CALENDAR
ADOPTION OF CONSENT CALENDAR. Item No. 7 (NCMC), Item No. 8
(Minutes), Item No. 9 (Resolution No. 2019-136), Item No. 10 (Temporary Use
Permit), Item Nos. 11 and 12 (Reports), Item Nos. 13 and 14 (Warrant Registers).
Motion by Rios, seconded by Morrison, to approve the Consent Calendar.
Carried by the following vote, to -wit: Ayes: Morrison, Quintero, Rios, Sotelo-Solis.
Nays: None. Abstain: None. Absent: Cano.
2
14 of 264
Book 101 / Page 178
10-01-2019
CONSENT CALENDAR (cont.)
MUNICIPAL CODE 2019 (506-2-34)
7. MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
APPROVING THE WAIVING OF THE READING OF THE TEXT OF THE
ORDINANCES CONSIDERED AT THIS MEETING AND PROVIDING
THAT SUCH ORDINANCES SHALL BE INTRODUCED AND/OR
ADOPTED AFTER A READING OF THE TITLE ONLY. (CITY CLERK)
ACTION: Approved. See above.
GENERAL ADMIN (103-2-1)
8. 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
JUNE 4, 2019. (City Clerk)
ACTION: Approved. See above.
CONTRACT (C2015-43)
9. Resolution No. 2019-136. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY APPROVING THE FIRST AMENDMENT
TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL
CITY AND SPACESAVER INTERMOUNTAIN, LLC, TO INCREASE THE
NOT -TO -EXCEED AMOUNT BY $3,500 FOR THE PURCHASE AND
INSTALLATION OF USB OUTLETS, INSTEAD OF ELECTRICAL
OUTLETS, FOR THE SPACESAVER FREESTYLE LOCKER SYSTEM IN
THE LOCKER ROOMS OF THE POLICE DEPARTMENT, FOR A TOTAL
NOT -TO -EXCEED AMOUNT OF $231,644.09. (Police)
ACTION: Adopted. See above.
TEMPORARY USE PERMITS 2019 (203-1-35)
10. Temporary Use Permit — Hope Fest hosted by Cornerstone Church of San
Diego at 1920 Sweetwater Road on October 31, 2019 from 6 p.m. to 9 p.m.
with no waiver of fees. (Neighborhood Services)
ACTION: Filed. See above.
FINANCIAL MANAGEMENT 2019-2020 (204-1-34)
11. Investment Report for the quarter ended June 30, 2019. (Finance)
ACTION: Filed. See above.
FINANCIAL MANAGEMENT 2019-2020 (204-1-34)
12. Investment Transactions for the month ended July 31, 2019. (Finance)
ACTION: Filed. See above.
WARRANT REGISTER JULY 2019 - JUNE 2020 (202-1-34)
13. Warrant Register #8 for the period of 8/14/19 through 8/20/19 in the amount
of $135,787.10. (Finance)
ACTION: Ratified. See above.
3
15 of 264
Book 101 / Page 179
10-01-2019
CONSENT CALENDAR (cont.)
WARRANT REGISTER JULY 2019 - JUNE 2020 (202-1-34)
14. Warrant Register #9 for the period of 8/21/19 through 8/27/19 in the amount
of $1,713,699.31. (Finance)
ACTION: Ratified. See above.
RECESS
A recess was called at 8:11 p.m.
The meeting reconvened at 8:16 p.m. Member Cano was absent.
PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS
STREET VACATION ADMIN 2019 (902-26-7)
15. Resolution No. 2019-137. PUBLIC HEARING AND ADOPTION OF A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY AUTHORIZING THE EXECUTION OF AN ORDER OF VACATION
OF A PORTION OF ALLEY NORTH OF EAST 12TH STREET EAST OF
NATIONAL CITY BLVD. FOR INSTALLATION OF UTILITIES RELATED
TO AN APPROVED AFFORDABLE HOUSING PROJECT. (APPLICANT:
AMG & ASSOCIATES, LLC.) (Case File No. 2019-18 SC) (Planning)
RECOMMENDATION: Approve the alley vacation.
TESTIMONY: Kim Calica, Applicant, answered questions posed by
the dais.
CITY ATTORNEY COMMENT: City Attorney Morris -Jones stated for
the record that written comments were received from Coast Law
Group representing the Property Owner and they've asked for two
condition amendments to be added for consideration: No. 4:
Reservation of the easement and maintenance of the area after
vacation; No. 6: Maintenance of the area of the alley vacated after
the project commonly referred to as the "Courtyards at Kimball" has
been completed and the alley has been vacated shall be the
responsibility of the owners of the property located at 1145 National
City Boulevard and that they will be the only users of the property
while the Applicant will have right of access to the alley area, it is not
expected that regular access will be necessary. Any damage
incurred as a result of said access will be repaired with
compensation provided to the Maintenance Provider; and continued
EDCO access.
ACTION: Motion by Morrison, seconded by Rios, to close the Public
Hearing. Carried by the following vote, to -wit: Ayes: Morrison,
Quintero, Rios, Sotelo-Solis. Nays: None. Abstain: None. Absent:
Cano.
Motion by Morrison, seconded by Rios, to adopt the Resolution with
requested changes in the letter. Carried by the following vote, to -wit:
Ayes: Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Abstain:
None. Absent: Cano.
4
16 of 264
Book 101 / Page 180
10-01-2019
PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS (cont.)
CONDITIONAL USE PERMITS 2019 (403-32-3)
16. Resolution No. 2019-138. PUBLIC HEARING AND ADOPTION OF A
RESOLUTION APPROVING A CONDITIONAL USE PERMIT (CUP) FOR A
BAR (OVER THE TAP) TO BE LOCATED AT 2424 HOOVER AVENUE,
SUITE A AND WAIVER OF CITY COUNCIL POLICY #707 CONDITIONS
14 AND 15. (Applicant: Jorge Ramirez) (Case File No. 2019-21 CUP)
(Planning)
RECOMMENDATION: Approve the CUP with waiver of City Council Policy
No. 707 conditions of approval 8 and 9.
TESTIMONY: Jorge Ramirez, Applicant, responded to questions.
EX PARTE DISCLOSURE: Member Quintero stated for the record
that the Applicant is a former student at San Diego State's
Continuing Education Center Professional Certificate Program where
Member Quintero has served as an Advisory Boardmember and
instructor and clarified that he has no affiliation, or vested or financial
interest in the Applicant.
Member Rios disclosed for the record that she watched the Planning
Commission meeting.
ACTION: Motion by Rios, seconded by Morrison, to close the Public
Hearing. Carried by the following vote, to -wit: Ayes: Morrison,
Quintero, Rios, Sotelo-Solis. Nays: None. Abstain: None. Absent:
Cano.
Motion by Rios, seconded by Morrison, to adopt the Resolution
subject to the attached recommended findings and conditions of
approval as amended. Carried by the following vote, to -wit: Ayes:
Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Abstain: None.
Absent: Cano.
NEW BUSINESS
CONDITIONAL USE PERMITS 2019 (403-32-3)
17. Notice of Decision - Planning Commission approval of a Conditional Use
Permit (CUP) to allow CPR classes at 3142 East Plaza Boulevard, Suite N.
(Applicant: Ruthy Puzon and Johnny Lytle) (Case File No. 2019-19 CUP)
(Planning)
RECOMMENDATION: File the Notice of Decision.
TESTIMONY: None.
ACTION: Motion by Rios, seconded by Morrison, to file the Notice of
Decision. Carried by the following vote, to -wit: Ayes: Morrison,
Quintero, Rios, Sotelo-Solis. Nays: None. Abstain: None. Absent:
Cano.
5
17 of 264
Book 101 / Page 181
10-01-2019
NEW BUSINESS (cont.)
CAMACHO CENTER ADMIN (702-14-1)
18. Facility Use Permit for OneSight Vision Clinic hosted by National City Host
Lions Club beginning on Friday, November 1, 2019 through Friday,
November 8, 2019 at Camacho Recreation Center located at 1810 East
22nd Street, with a request to add the OneSight Vision Clinic as a co-
sponsored event, thus waiving facility rental fees of $1,200 per day for a
total of $7,200, consistent with City Council Policy #802, City Support for
Special Events, Activities, Programs and Services. (Community Services)
RECOMMENDATION: Approve the Facility Use Permit.
TESTIMONY: None.
ACTION: Motion by Morrison, seconded by Rios, to approve Staff
Recommendations. Carried by the following vote, to -wit: Ayes:
Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Abstain: None.
Absent: Cano.
MUNICIPAL CODE 2020 (506-2-35)
19. Report and Recommendation that the City Council Direct the City Attorney
to prepare a Draft Campaign Contribution Limitation Ordinance for City
Council consideration. (City Clerk)
RECOMMENDATION: 1) The City Council direct the City Attorney to
prepare a draft Campaign Contribution Limit Ordinance for Council review
and possible adoption on or before February 2020, with a recommended
effective date of January 2021; 2) That the contribution limit in the
Ordinance be established at $1,000 per individual, business or union and
$2,000 per political party; 3) That the Ordinance include a mechanism for
annual automatic adjustments based on changes in the Consumer Price
Index (CPI).
TESTIMONY: Joan Rincon, National City, suggested that the City
Attorney brief the Council on side issues before drafting an
Ordinance.
ACTION: Motion by Sotelo-Solis, seconded by Rios, to approve Staff
Recommendation Item Nos. 1, 2, and 3. Carried by the following
vote, to -wit: Ayes: Quintero, Rios, Sotelo-Solis. Nays: Morrison.
Abstain: None. Absent: Cano.
B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY
There were no CDC -HA action items.
C. REPORTS
STAFF REPORTS
Police Chief Jose Tellez extended an invitation to the 4th Annual "Coffee with a
Cop Day" on October 2na
6
18 of 264
Book 101 / Page 182
10-01-2019
STAFF REPORTS (cont.)
Recreation Superintendent Audrey Denham gave an overview of Community
Services events that took place in September.
Finance Director Mark Roberts announced that the City has once again received
the Government Finance Officers Association Certificate of Achievement for
Excellence in Financial Reporting (CAFR) and award for Outstanding Achievement
in Popular Annual Financial Reporting (PAFR) for Fiscal Year 2018. Mr. Roberts
credited the awards to having had clean audits for the fourth consecutive year. He
acknowledged several Finance Staff members for their work, as well as the
support of the City Manager and City Council.
City Manager Brad Raulston thanked everyone for their hard work and support.
MAYOR, CITY COUNCIL, AND OTHER ELECTED OFFICIALS
Member Quintero commended City Manager Raulston for the Outreach October
calendar.
Vice Mayor Morrison stated that he was disappointed in the HdL report on
cannabis and felt that there was not enough information provided.
Member Rios acknowledged Housing Authority Director Carlos Aguirre for his
work with the City's senior population; suggested that there should be designated
parking pick-up zones at the senior centers; also commended Community
Services staff for their work in coordinating "Movies in the Park" events; shared
highlights of the Old Town National City Reunion event, and reminded everyone to
take advantage of free transit day on October 2na
Mayor Sotelo-Solis thanked all those who were recognized for Latino Heritage
Month and shared highlights of local clean-up day and the Margaritaville Auction
and Gala event that took place over the weekend.
CLOSED SESSION REPORT
There was no Closed Session Report.
ADJOURNMENT
The meeting was adjourned in honor and memory of Ms. Perla Medina.
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 — October 15, 2019 - 6:00 p.m. -
Council Chambers - National City, California. Carried by the following vote, to -wit:
Ayes: Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Abstain: None.
Absent: Cano.
7
19 of 264
ADJOURNMENT (cont.)
The meeting closed at 9:47 p.m.
Book 101 / Page 183
10-01-2019
City Clerk
The foregoing minutes were approved at the Regular Meeting of February 18,
2020.
Mayor
8
20 of 264
EXHIBIT `L'
CALIFORNIA
. J.! N ° C
lei•
INCORPORATED
AGENDA OF A SPECIAL MEETING
CITY COUNCIL OF THE CITY OF NATIONAL CITY
Main Conference Room
Civic Center
1243 National City Boulevard
National City, California
Special Meeting - Tuesday, October 1, 2019 — 5:30 p.m.
CITY COUNCIL
OPEN SESSION
CALL TO ORDER
ROLL CALL
CLOSED SESSION
PUBLIC MAY COMMENT ON CLOSED SESSION AGENDA ITEMS.
1. Conference with Legal Counsel — Potential Litigation: One Case
Potential Litigation Pursuant to Governmental Code Section 54956.9(d)(2)
2. Conference with Legal Counsel — Pending Litigation
Existing Litigation under Government Code Section 54956.9(d)(1)
National City Puppy, LLC v. City of National City, et al
Case No. 37-2019-00049045—CU-CR-CTL
CLOSED SESSION REPORT: AT THE END OF REGULAR COUNCIL MEETING.
ADJOURNMENT
Next Regular City Council Meeting: Tuesday, October 1, 2019, 6:00 p.m., City Council Chambers,
Civic Center — National City, California.
9
21 of 264
Book 101 / Page 185
10-15-2019
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 15, 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
6:09 p.m. by Mayor / Chairwoman Alejandra Sotelo-Solis.
ROLL CALL
Council / Board members present: Cano, Morrison, Quintero, Rios, Sotelo-Solis.
Administrative Officials present: Aguirre, Dalla, Duong, Hernandez, Meteau,
Morris -Jones, Olson, Raulston, Roberts, Tellez, Williams, Yano, Ybarra.
Others present: City Treasurer Mitch Beauchamp.
PLEDGE OF ALLEGIANCE TO THE FLAG BY CENTRAL ELEMENTARY
SCHOOL STUDENTS
PUBLIC COMMENTS
Becky Rapp, shared her concerns regarding vaping and Public Health.
C. Marquez, National City, asked for immediate assistance regarding an ongoing
family legal matter.
Joan Rincon, National City, suggested that the City cooperate with other
municipalities to find a solution regarding the collection of California Redemption
Value (CRV) charges.
PROCLAMATIONS AND CERTIFICATES
PROCLAMATION AND CERTIFICATE ADMIN (102-2-1)
1. National City Recognizes Francine Maigue for Community Leadership
PROCLAMATION AND CERTIFICATE ADMIN (102-2-1)
2. Life Saving Recognition - Corporal Salvador Gil and Mohammed Farha
PRESENTATIONS
COUNCIL MEETING PRESENTATIONS 2019 (102-10-14)
3. Community Survey for Cannabis. (City Manager)
COUNCIL MEETING PRESENTATIONS 2019 (102-10-14)
4. South County Economic Development Council (SCEDC) Business
Outreach Update
NOTE: Presentation material is available in the Office of the City Clerk.
10
22 of 264
Book 101 / Page 186
10-15-2019
REGIONAL BOARDS AND COMMITTEE REPORTS
Mayor Sotelo-Solis made the following appointments to two new ad hoc
committees: Mayor Sotelo-Solis and Member Rios to the 801/802 Committee; and
Mayor Sotelo-Solis and Member Cano to the Lowrider Community Committee.
Metropolitan Transit System (MTS)
Member Rios reported that the MTS Free Ride Day was a success, announced
that San Diego County Supervisor Nathan Fletcher was elected as the new MTS
Chair, and shared information regarding the Elevate 2020 survey.
Sweetwater Authority (SWA)
Member Cano announced that the SWA Board voted unanimously to not
increasing the water rates in the City and that old water pipelines in National City
are being flushed out.
Mayor Sotelo-Solis invited everyone to attend the pipeline "flushing event" at the
Garrett site location.
CITY COUNCIL
CONSENT CALENDAR
ADOPTION OF CONSENT CALENDAR. Item No. 5 (NCMC), Item Nos. 6
through 8 (Resolution No. 2019-139 through 2019-141), Item No. 9 (Temporary
Use Permit), Item Nos. 10 and 11 (Warrant Registers). Motion by Rios, seconded
by Morrison, to approve the Consent Calendar, except for Item No. 8. Carried by
unanimous vote.
MUNICIPAL CODE 2019 (506-2-34)
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)
ACTION: Approved. See above.
FINANCIAL MANAGEMENT 2019-2020 (204-1-34)
6. Resolution No. 2019-139. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY ADJUSTING GAS TAX FUND BUDGET
APPROPRIATIONS FOR FISCAL YEAR 2020 TO APPROPRIATE
$140,543.52 IN ADDITIONAL ROAD MAINTENANCE AND
REHABILITATION ACCOUNT (RMRA) FUNDS IN ORDER TO REFLECT
ACTUAL RMRA FUNDS RECEIVED IN FISCAL YEARS 2018 AND 2019.
(Engineering/Public Works)
ACTION: Adopted. See above.
11
23 of 264
Book 101 / Page 187
10-15-2019
CONSENT CALENDAR (cont.)
CONTRACT (C2019-40)
DEED (D2019-6)
7. Resolution No. 2019-140. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY APPROVING AN AFFORDABLE
HOUSING DENSITY BONUS AGREEMENT WITH C AVENUE 8 PLEX
LLC, FOR THE DEVELOPMENT OF 10 UNITS LOCATED AT 1821 "C"
AVENUE AND RESTRICTING THE RENT AND OCCUPANCY OF ONE (1)
UNIT TO A LOW INCOME HOUSEHOLD IN EXCHANGE FOR A DENSITY
BONUS PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS
65915 - 65918. (Housing Authority)
ACTION: Adopted. See above.
SOLID WASTE / OIL (911-1-2)
8. Resolution No. 2019-141. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY OPPOSING NEW FEDERAL OIL AND
GAS LEASING IN ALL U.S. WATERS OFF THE COAST OF CALIFORNIA.
(City Manager)
TESTIMONY: The following Central Elementary School students
spoke in support of the Resolution: Chloe Krystel Clemente, Emely
Carames Cruz and Lance Narvaez.
ACTION: Motion by Quintero, seconded by Rios, to adopt the
Resolution. Carried by the following vote, to -wit: Ayes: Cano,
Quintero, Rios, Sotelo-Solis. Nays: Morrison. Abstain: None.
Absent: None.
TEMPORARY USE PERMITS 2019 (203-1-35)
9. Temporary Use Permit - Padres Pedal the Cause Bicycle Ride sponsored
by Padres Pedal the Cause on November 16, 2019 from 10:00 a.m. to 2:15
p.m. with no waiver of fees. (Neighborhood Services)
TESTIMONY: Lauren Diaz, Applicant, responded to questions.
ACTION: Filed. See above.
WARRANT REGISTER JULY 2019 - JUNE 2020 (202-1-34)
10. Warrant Register #10 for the period of 8/28/19 through 9/3/19 in the amount
of $2,781,785.62. (Finance)
ACTION: Ratified. See above.
WARRANT REGISTER JULY 2019 - JUNE 2020 (202-1-34)
11. Warrant Register #11 for the period of 9/4/19 through 9/10/19 in the amount
of $2,652,416.39. (Finance)
ACTION: Ratified. See above.
12
24 of 264
Book 101 / Page 188
10-15-2019
NON CONSENT RESOLUTIONS
HISTORICAL SITES LIST ADMIN (405-10-1)
12. Resolution No. 2019-142. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY APPROVING THE DESIGNATION OF
HISTORIC PROPERTIES AS RECOMMENDED BY THE NATIONAL CITY
HISTORICAL SOCIETY AND BASED ON HISTORIC PROPERTIES
SURVEYS. (Planning)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: Sheri Howard and Reverend Rosary Etzel, First
Spiritualist Church, spoke in support of the Staff recommendations
and shared information regarding beautifications being done at their
132 year -old Church.
City Clerk Michael Dalla stated, for the record, that an e-mail was
received from Save Our Heritage Organization (SOHO) detailing
their recommendations regarding Historical Property designations
(copy on file in the Office of the City Clerk).
ACTION: Motion by Rios, seconded by Sotelo-Solis, to adopt the
Resolution as amended to exclude the requested Applicants' two
properties, making it twenty-seven (27) properties, instead of
twenty-nine (29). Carried by the following vote, to -wit: Ayes: Cano,
Rios, Sotelo-Solis. Nays: Morrison. Abstain: Quintero. Absent:
None.
NEW BUSINESS
TEMPORARY USE PERMITS 2019 (203-1-35)
13. Temporary Use Permit - Request from the City of National City to conduct
the National City Inaugural Dia de Los Muertos Event on "A" Avenue on
November 1, 2019 from 12:00 p.m. to 8:00 p.m. with no waiver of fees.
(Neighborhood Services)
RECOMMENDATION: Approve the Temporary Use Permit.
TESTIMONY: Joan Rincon, National City, expressed her concerns
on transparency and the financial source for the event.
ACTION: Motion by Cano, seconded by Rios, to approve the
Temporary Use Permit. Carried by the following vote, to -wit:
Ayes: Cano, Quintero, Rios, Sotelo-Solis. Nays: Morrison. Abstain:
None. Absent: None.
ELECTION MAR 2020 CLERK AND TREASURER / PET SALES REFERENDUM
(505-7-13)
14. Report on the process for the Ballot Measure to have the Elected Offices of
City Clerk and City Treasurer to become Appointed Officers and direct the
City Attorney as the Council deems appropriate. (City Attorney)
13
25 of 264
Book 101 / Page 189
10-15-2019
NEW BUSINESS (cont.)
ELECTION MAR 2020 CLERK AND TREASURER / PET SALES REFERENDUM
(505-7-13)
14. Report on the process for the Ballot Measure (continued).
RECOMMENDATION: Direct the City Attorney to draft the Resolutions to
place one Measure or two separate Measures on the March 2020 Primary
Ballot wherein the voters shall decide whether or not to make the Clerk and
Treasurer Appointed Offices.
TESTIMONY: None.
ACTION: Motion by Morrison, seconded by Rios, to approve Option
No. 1: "The Measure would be one ballot question that covers both
offices". Carried by the following vote, to -wit: Ayes: Morrison,
Quintero, Rios, Sotelo-Solis. Nays: Cano. Abstain: None. Absent:
None.
CITY ATTORNEY REPORTS (509-1-3)
15. Reconsideration of the City Council's decision to "Opt Out" of
Microenterprise Home Kitchen Operations (MEHKO) Program Participation,
which allows individuals to operate a food facility out of a private home.
(City Attorney).
RECOMMENDATION: Option 1) Do nothing, which would leave Resolution
No. 2019-106 ("Resolution") in place; 2) Rescind the Resolution and take
no further action, or; 3) Rescind the Resolution and enact a resolution in
support of MEHKOs.
TESTIMONY: The following individuals spoke in support of Option
No. 3: Tida Infahsaeng, Jacqueline Reynoso, Taylor Brewer,
Janice Luna Reynoso, Roya Bagheri, Patty Corona, Rocina
Lizarraga, Alicia Sanchez, and Adriana Esquivias.
The following individuals spoke in opposition of rescinding the
Resolution: Joan Rincon, National City, and Michael Harwig,
Not Your Mommas Restaurant.
ACTION: Motion by Sotelo-Solis, seconded by Rios, to approve
Option No. 3.
Substitute Motion by Morrison, seconded by Cano, to approve
Option No. 1. Carried by the following vote, to -wit: Ayes: Cano,
Morrison, Quintero. Nays: Rios, Sotelo-Solis. Abstain: None.
Absent: None.
B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY
There were no CDC -HA action items.
C. REPORTS
STAFF REPORTS
There were no Staff Reports.
14
26 of 264
Book 101 / Page 190
10-15-2019
STAFF REPORTS (cont.)
COMMUNITY DEVELOPMENT DEPT ADMIN (1104-1-16)
16. Community Development Department Rollout/Kickoff. (Community
Development)
ACTION: This item was deferred to the next City Council meeting.
MAYOR, CITY COUNCIL, AND OTHER ELECTED OFFICIALS
City Treasurer Mitch Beauchamp thanked the Council and City Attorney Angil
Morris -Jones for coordinating the processing of Agenda Item No. 14 regarding the
Elected City Clerk and City Treasurer positions.
Member Cano shared that he read an article addressing the lack of playgrounds
for children with special needs and asked to select an area in the City's parks to
add accessibility options for children and adults.
Member Quintero stated concerns regarding the lack of sufficient street lights and
outdated or broken street lights in the City and requested attention be given to
identifying grants or partnerships to address the issue.
Vice Mayor Morrison suggested a survey to identify the location of inoperable
street lights and to submit them to San Diego Gas & Electric (SDG&E). He
encouraged everyone to attend the La Vista Dia de los Muertos event.
Vice Mayor Morrison offered the following motion for Council consideration:
Motion by Morrison, seconded by Quintero, to request the City Attorney to provide
a report back with information on ad hoc/standing committees. Carried by the
following vote, to -wit: Ayes: Morrison, Quintero, Rios, Sotelo-Solis. Nays: Cano.
Abstain: None. Absent: None.
Member Rios acknowledged Staff and recent events and programs that took
place.
Mayor Sotelo-Solis commended Outreach October; extended an invitation to walk
Member Quintero's neighborhood to assess the street light issue; thanked Public
Safety Staff for recognizing Breast Cancer Awareness Month; shared her personal
experience with skin cancer and encouraged everyone to get cancer screenings.
CLOSED SESSION REPORT
There was no Closed Session Report.
15
27 of 264
Book 101 / Page 191
10-15-2019
ADJOURNMENT
Motion by Morrison, seconded by Cano, to adjourn the meeting to the next
Regular Meeting of the City Council and Community Development Commission -
Housing Authority of the City of National City - Tuesday — November 5, 2019 -
6:00 p.m. - Council Chambers - National City, California. Carried by unanimous
vote.
The meeting closed at 9:32 p.m.
City Clerk
The foregoing minutes were approved at the Regular Meeting of February 18,
2020.
Mayor
16
28 of 264
EXHIBIT `L'
CALIFORNIA
N%T'L0 NIAL; C i i y
13.3 V
INCOA.PORATF.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 15, 2019 — 5:00 p.m.
CITY COUNCIL
OPEN SESSION
CALL TO ORDER
ROLL CALL
CLOSED SESSION
PUBLIC MAY COMMENT ON CLOSED SESSION AGENDA ITEMS.
1. Conference with Legal Counsel — Potential Litigation: Two Cases
Potential Litigation Pursuant to Governmental Code Section 54956.9(d)(2)
CLOSED SESSION REPORT: AT THE END OF REGULAR COUNCIL MEETING.
ADJOURNMENT
Next Regular City Council Meeting: Tuesday, October 15, 2019, 6:00 p.m., City Council Chambers,
Civic Center — National City, California.
17
29 of 264
Book 101 / Page 192
11-05-2019
DRAFT DRAFT DRAFT
MINUTES OF THE SPECIAL MEETING OF THE
CITY COUNCIL OF THE CITY OF NATIONAL CITY
STRATEGIC PLANNING WORKSHOP
November 5, 2019
The Special Meeting of the City Council of the City of National City was called to order at
4:03 p.m. by Mayor / Chairwoman Alejandra Sotelo-Solis.
ROLL CALL
Council / Board members present: Morrison, Quintero, Rios, Sotelo-Solis.
Council / Board members absent: Cano.
Administrative Officials present: Aguirre, Dalla, Denham, Duong, Manganiello, Meteau,
Morris -Jones, Raulston, Roberts, Tellez, Vergara, Williams.
Others present: City Treasurer Mitch Beauchamp.
INTRODUCTION
City Manager Brad Raulston gave opening remarks and an overview of the presentation
and introduced guest presenter, John Gavares from The Gavares Group.
PRESENTATION
Mr. Gavares provided a thorough open-ended discussion on the Strategic Planning
presentation, survey results, and focus area goals.
NOTE: All presentation materials are attached as Exhibit "A".
CITY COUNCIL AND STAFF COMMENTS AND DIRECTION
Mayor Sotelo-Solis said that out of the 7 Strategic Focus Areas, she specifically likes the
"Balanced Budget and Economic Development" and "Community and Outreach" areas.
Member Rios expressed her thoughts on "Debate v. Dialogue" and said that the
Community Survey captured a lot of what she was hearing from the public and stated that
there needs to be more community engagement. She also likes the "Transportation
Choices and Infrastructure" focus area and said that it is a key issue in the community.
Member Rios said that Customer Service is also important to recognize and improve on.
As for the Public Safety survey, she said it reinforces those things that still need to be
improved.
Member Quintero looks forward to seeing the continuation of the Strategic Plan process.
Vice Mayor Morrison said that he appreciates Dialogue and Debate being divided. He
spoke on barriers with getting communication out there, but said that the survey gave a
starting point to address issues.
18
30 of 264
Book 101 / Page 193
11-05-2019
CITY COUNCIL AND STAFF COMMENTS AND DIRECTION (cont.)
Vice Mayor Morrison said that without a Balanced Budget, you don't have Public Safety.
He said he would've liked to see Housing and Homelessness differentiated.
Member Rios said that the top three focus areas: Public Safety (Police and Fire); Housing
and Homelessness; and Health and Environment, reflects quality of life and stands out
for people in their neighborhoods. She said that Balanced Budget goes hand in hand with
the services that are provided in the City. Member Rios is interested to know specifically
how Balanced Budget got to the top five focus areas because she feels people interpret
questions differently.
City Manager Raulston said that part of the reason Balanced Budget was combined with
Economic Development is because it was clear that the community wants Economic
Development to balance the budget. He stressed the importance of focusing most on the
four Goals: 1) Maximize Economic Development Strategies; 2) Partner with Other Public
Agencies and Non -Profits to Increase Revenue and Augment Services; 3) Manage
Pension and Other Employee Expenses; and 4) Optimize City Assets and Lease Property
when Appropriate.
Vice Mayor Morrison said he was surprised at the low number of empty lots there are in
comparison to other cities. He doesn't think the public has a good awareness of the
pension crisis confronting the City. He thinks that Goal No. 4 sounds great but isn't sure
how much more can be done on that one.
City Manager Raulston said that he was surprised to see the Empty Lot Activation on the
survey and said it probably would've been better worded as Underutilized Lots. He thinks
that property use should be approached as a ground lease versus a sale so that it is an
ongoing revenue source.
Mayor Sotelo-Solis said that the community is excited about the possibilities of what can
be done with the empty lots. She said that our public is aware of the pension concerns
and it is a big issue. Mayor Sotelo-Solis stressed the importance of committing to the
pension fund.
Director of Finance Mark Roberts said that things like Economic Development are more
difficult to quantify.
Member Rios said that it is important to get information out to create more community
engagement.
City Manager Raulston said that the job of staff is to provide services and the job of the
City Council is to provide input by going out into the community and listening to the
constituents and providing that input to staff.
Mayor Sotelo-Solis said that the goal to Increase Meaningful Outreach through Quality
Engagement) is a feel -good term and needs measurable outcomes.
19
31 of 264
Book 101 / Page 194
11-05-2019
CITY COUNCIL AND STAFF COMMENTS AND DIRECTION (cont.)
For Goal No. 3 (Improve Emergency Preparedness and Public Noticing) she said that it
is important for training within the City and with other agencies such as school districts
and the Port.
Member Quintero said that all of the Communication and Outreach Goals are rooted in
marketing and said that events should be thoughtfully produced in a timely manner if you
want to create a quality event.
Mayor Sotelo-Solis is glad to see the Climate Action Plan as one priority for Health,
Environment & Sustainability.
Member Rios wants to know more of what the goal might look like to Support a Healthy
Community through Active Living and Healthy Eating. She would like to see exercise
stations at City parks and Health and Education Hubs at some transit stops.
City Manager Raulston explained what it means by Age -Friendly Community. He said that
exercise stations have already been implemented at El Toyon Park.
Director of Finance Mark Roberts said that it requires a lot of discussion on how to create
Health and Education Hubs.
Mayor Sotelo-Solis said that project ideas are already out there but it's about finding being
very selective.
Member Rios would like to see more policy that makes property owners take more
responsibility for properties being rented out to keep them affordable. She said that there
is conflict with preserving historical homes and making homes available and affordable;
that there has to be work in balancing this out.
Member Quintero addressed concerns with practicality in regards to housing and
community development goals; he feels that the Strategic Planning Workshop will be
more of a historic document in the future.
Mayor Sotelo-Solis said that it's about revitalization without gentrification or displacement
and to be obligated to all income levels; new residents means new demand on services.
Director of Housing Authority Carlos Aguirre spoke on the importance of taking into
consideration the residents that may be impacted when it comes to property rehabilitation
and affordability with increasing rents; the housing and security problem needs to be
looked at as a spectrum.
Member Rios said that we should make sure that other entities are engaged in the City's
community programs and events.
20
32 of 264
Book 101 / Page 195
11-05-2019
CITY COUNCIL AND STAFF COMMENTS AND DIRECTION (cont.)
Member Quintero said that it is a good opportunity to partner with existing businesses
and mega corporations that call National City home and moving forward to get engaged
with the community outside of the government and provide funding in a reliable way.
Mayor Sotelo-Solis spoke on leveraging regional support and thinking outside of the box
in terms of smart technology, etc., within the City and other municipalities.
Member Rios spoke on the importance of all Public Safety Goals.
Mayor Sotelo-Solis said that there should be more Community Emergency Response
Team (CERT) ready members in regards to Public Safety and spoke on community
engagement and pipeline programs for ex -prisoners.
Member Quintero said that the Public Safety goals are responsive and the strategies are
somewhat preventative; he suggested to look more towards prevention and control rather
than police outcomes.
Chief of Emergency Services Frank Parra announced the following: a new CERT class
offered in January 2020; Listos (Spanish Emergency Preparedness Class); a Stop the
Bleed campaign which correlates with the (Automated External Defibrillators) AED
Program; a new campaign for 4th grade elementary school students; and a new 2019
partnership with Point Loma Nazarene University to offer flu vaccinations (the County of
San Diego supported the City with flu vaccines) and diabetes screenings.
Chief of Police Jose Tellez stated that the City has reduced crime by 26% since 2015; but
that involved a lot of prevention pieces. He stated the importance of extending knowledge
to the community and how to help churches by reviewing their safety plans and provide
active shooter training to their staff. Chief Tellez said that there are still areas of
improvement to work on in regards of developing something for the teenagers and young
adults in the community.
Member Rios said that transportation is really an important subject and that the
community needs to be a part of it or the decisions will be made without the community's
input. She praised the Engineering Department for their role in traffic calming
improvements in the City and piggybacking on other agencies or Cities with purchases
and projects.
Vice Mayor Morrison suggested looking into other available options in regards to traffic
and road improvements.
Mayor Sotelo-Solis said that the City is one of the highest dollar receiving agencies in the
State of California for the "Safe Routes to School" grants and said that, in regards to
transportation, it's about changing mindsets and thinking about the narrative.
City Manager Raulston said in regards to infrastructure, that measurable targets will be
set aside and brought to the Council on an annual basis.
21
33 of 264
Book 101 / Page 196
11-05-2019
CITY COUNCIL AND STAFF COMMENTS AND DIRECTION (cont.)
Director of Engineering/Public Works Steve Manganiello said that there were a lot of good
points made by the Council and supports their feedback and the transportation goals. He
said that there is money in active transportation and that money is leveraged for repairing
streets, etc.
City Manager Raulston summarized by stating that the intent is to adopt the Strategic
Plan by the end of the year through a resolution which starts the budget process and the
budget is the policy document to have a work plan that connects to the Strategic Plan to
efficiently and effectively manage City resources.
PUBLIC COMMENTS
Joan Rincon, National City, suggested that the City focus on preventing additional
homelessness issues.
Jacqueline Reynoso, National City Chamber of Commerce, encouraged the City to
participate in a Comprehensive Marketing Plan, formalize community partnerships; to
consider incentive programs in partnership with regional partners; to invest more time into
the Climate Action Plan, and to look into other opportunities to tie into Business Licenses
for economic development.
Christine Stein, National City, suggested that recreation areas for teenagers be included
as part of residential development plans and she shared her concerns regarding street
safety issues.
ADJOURNMENT
Next Regular City Council Meeting: Tuesday, November 5, 2019 - 6:00 p.m., City Council
Chambers, Civic Center — National City, California.
The meeting closed at 6:04 p.m.
City Clerk
The foregoing minutes were approved at the Regular Meeting of February 18, 2020.
Mayor
22
34 of 264
Book 101 / Page 197
11-05-2019
DRAFT DRAFT DRAFT
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION —
HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY
November 5, 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
6:13 p.m. by Mayor / Chairwoman Alejandra Sotelo-Solis.
ROLL CALL
Council / Board members present: Morrison, Quintero, Rios, Sotelo-Solis.
Council / Board members absent: Cano.
Administrative Officials present: Aguirre, Dalla, Duong, Galeana, Manganiello,
Meteau, Morris -Jones, Parra, Raulston, Tellez, Vergara, Williams, Ybarra.
Others present: City Treasurer Mitch Beauchamp.
PLEDGE OF ALLEGIANCE TO THE FLAG BY MEMBER QUINTERO
CERTIFICATE OF ADJOURNMENT
Mayor Sotelo-Solis shared highlights of the life of Fahari Jeffers who was the wife
of former Community and Police Relations Commission Member Ken Seaton-
Msemaji. She presented a Certificate of Adjournment to the family member and
announced that the meeting will be adjourned in memory of Ms. Jeffers.
PUBLIC COMMENTS
The following residents expressed their concerns and issues with management at
Morgan and Kimball Towers and submitted a signed petition seeking resolution of
the issues brought forth: Florfina Arce, Victoria Beltran, and Joseph Crawford.
Becky Rapp shared statistics in regards to illegal marijuana growth; provided the
Council with handouts and requested that a financial analysis be completed by a
for the cost and impact of marijuana businesses in the City.
PROCLAMATIONS AND CERTIFICATES
PROCLAMATION AND CERTIFICATE ADMIN (102-2-1)
1. National City Recognizes Environmental Health Coalition's 40th Anniversary
PROCLAMATION AND CERTIFICATE ADMIN (102-2-1)
2. National City Recognizes National City Chamber of Commerce for Platinum
LEED Certification
23
35 of 264
Book 101 / Page 198
11-05-2019
AWARDS AND RECOGNITIONS
COUNCIL MEETING AWARDS & RECOGNITIONS 2019 (102-10-14)
3. Circulate San Diego "2019 Momentum Awards: Innovation Award" -
National City Engineering & Public Works Department. (Engineering/Public
Works)
COUNCIL MEETING AWARDS & RECOGNITIONS 2019 (102-10-14)
4. Women's Transportation Seminar (WTS) San Diego Chapter "2019
Alternative Modes & Active Transportation Award" - 18th Street "Complete
Street" Project. (Engineering/Public Works)
COUNCIL MEETING AWARDS & RECOGNITIONS 2019 (102-10-14)
5. 2019 Beacon Spotlight Award Winner. (Engineering/Public Works)
PRESENTATIONS
COUNCIL MEETING PRESENTATIONS 2019 (102-10-14)
6. Community Development Intro and Rollout. (Community Development)
NOTE: Presentation material is available in the Office of the City Clerk.
INTERVIEWS / APPOINTMENTS
BOARDS & COMMISSIONS ADMIN (101-1-1)
7. Appointment of the National City representatives to the Metropolitan Transit
System (MTS) Board and Interviews and Appointments to Various
City Boards and Commissions. (City Clerk)
RECOMMENDATION: Appoint as desired.
TESTIMONY: Jacqueline Schliapnik and Joseph Crawford
appeared for interview. No appointments were made.
ACTION: Motion by Sotelo-Solis, seconded by Rios, to appoint
Mayor Sotelo-Solis as Primary and Member Quintero as Alternate
to the MTS Board. Carried by the following vote, to -wit: Ayes:
Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Abstain:
None. Absent: Cano.
REGIONAL BOARDS AND COMMITTEE REPORTS
San Diego County Water Authority (SDCWA)
Vice Mayor Morrison reported that there is a continuing saga with two North
County Water Boards wishing to withdraw from SDCWA and that interviews will
soon be held for a new director.
24
36 of 264
Book 101 / Page 199
11-05-2019
REGIONAL BOARDS AND COMMITTEE REPORTS (cont.)
Metropolitan Transit System (MTS)
Member Rios announced that MTS launched the first Zero -Emissions Bus Pilot
Program on six lime green battery -electric buses that are now in operation for the
next eighteen months. She encouraged everyone to participate in the ElevateSD
2020 Survey before the December 2nd deadline.
Sweetwater Water Authority (SWA)
Mayor Sotelo-Solis announced that SWA pipes are being flushed out and there
may be taste and odor changes to the water while the sediment is being cleared.
She thanked the Sweetwater Authority for their help with the Kimball Holiday ice
skating rink.
San Diego Association of Governments (SANDAG)
Mayor Sotelo-Solis stated that SANDAG will be discussing the Regional Housing
Needs Assessment (RHNA) and announced that the City has been allocated with
5,408 units.
CITY COUNCIL
CONSENT CALENDAR
ADOPTION OF CONSENT CALENDAR. Item No. 8 (NCMC), Item No. 9
(Minutes), Item Nos. 10 through 16 (Resolution No. 2019-143 through 2019-149),
Item No. 17 (Report), Item Nos. 18 and 19 (Warrant Registers). Motion by Rios,
seconded by Quintero, to approve the Consent Calendar. Carried by the following
vote, to -wit: Ayes: Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Abstain:
None. Absent: Cano.
MUNICIPAL CODE 2019 (506-2-34)
8. MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
APPROVING THE WAIVING OF THE READING OF THE TEXT OF THE
ORDINANCES CONSIDERED AT THIS MEETING AND PROVIDING
THAT SUCH ORDINANCES SHALL BE INTRODUCED AND/OR
ADOPTED AFTER A READING OF THE TITLE ONLY. (CITY CLERK)
ACTION: Approved. See above.
GENERAL ADMIN (103-2-1)
9. APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION -
HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF APRIL
16, 2019 AND THE SPECIAL MEETING OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY OF APRIL 24, 2019. (City Clerk)
ACTION: Approved. See above.
25
37 of 264
Book 101 / Page 200
11-05-2019
CONSENT CALENDAR (cont.)
CONTRACT (C2018-38)
10. Resolution No. 2019-143. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY: 1) ACCEPTING THE WORK
PERFORMED BY PREMAN ROOFING, INC., FOR THE CITY HALL ROOF
REPLACEMENT PROJECT, CIP NO. 18-08; 2) APPROVING THE FINAL
CONTRACT AMOUNT OF $325,555.00; 3) RATIFYING THE RELEASE OF
RETENTION IN THE AMOUNT OF $16,277.75; AND 4) AUTHORIZING
THE MAYOR TO SIGN THE COMPLETION FOR THE PROJECT.
(Engineering/Public Works)
ACTION: Adopted. See above.
CONTRACT (C2019-4)
11. Resolution No. 2019-144. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY: 1) ACCEPTING THE WORK
PERFORMED BY PORTILLO CONCRETE, INC. FOR THE HARBISON
AVENUE ROAD DIET PROJECT, CIP NO. 18-17; 2) APPROVING THE
FINAL CONTRACT AMOUNT OF $362,715.92; 3) AUTHORIZING THE
RELEASE OF RETENTION IN THE AMOUNT OF $18,135.80; AND 4)
AUTHORIZING THE MAYOR TO SIGN THE NOTICE OF COMPLETION
FOR THE PROJECT. (Engineering/Public Works)
ACTION: Adopted. See above.
CONTRACT (C2019-41)
12. Resolution No. 2019-145. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO
EXECUTE THE COOPERATIVE AGREEMENT BETWEEN THE CITY OF
NATIONAL CITY AND SAN DIEGO PORT TENANTS ASSOCIATION, STC
TRAFFIC, INC. AND DENSO INTERNATIONAL AMERICA (FSM TEAM)
FOR ACCESS TO CITY OF NATIONAL CITY TRAFFIC SIGNAL DATA
FOR FREIGHT SIGNAL PRIORITY PILOT PROJECT DEMONSTRATION.
(Engineering/Public Works)
ACTION: Adopted. See above.
PARKING & TRAFFIC CONTROL ADMIN 2019 (801-2-41)
13. Resolution No. 2019-146. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF A
BLUE CURB DISABLED PERSONS PARKING SPACE WITH SIGN IN
FRONT OF THE RESIDENCE LOCATED AT 42 E. 5TH STREET
(TSC No. 2019-10). (Engineering/Public Works)
ACTION: Adopted. See above.
26
38 of 264
Book 101 / Page 201
11-05-2019
CONSENT CALENDAR (cont.)
PARKING & TRAFFIC CONTROL ADMIN 2019 (801-2-41)
14. Resolution No. 2019-147. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF
"KEEP CLEAR" PAVEMENT MARKINGS ON THE WESTBOUND AND
EASTBOUND TRAVEL LANES OF W. 8TH STREET, IN FRONT OF THE
INGRESS AND EGRESS DRIVEWAY OF THE 8TH STREET TRANSIT
CENTER LOCATED ON THE NORTH SIDE OF 8TH STREET, EAST OF
HARBOR DRIVE (TSC No. 2019-11). (Engineering/Public Works)
ACTION: Adopted. See above.
CONTRACT (C2019-42)
15. Resolution No. 2019-148. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO ENTER
INTO AN AGE FRIENDLY COMMUNITIES INITIATIVE GRANT
AGREEMENT WITH THE SAN DIEGO FOUNDATION FOR $50,000 TO
DEVELOP A NATIONAL CITY AGE -FRIENDLY ACTION PLAN AND
AUTHORIZING THE ESTABLISHMENT OF A GRANT APPROPRIATION
AND CORRESPONDING REVENUE ACCOUNT. (Engineering/Public
Works)
ACTION: Adopted. See above.
DONATIONS RECEIVED (209-1-4)
16. Resolution No. 2019-149. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY ACCEPTING MONETARY DONATIONS
TO PURCHASE TURKEYS TO PROVIDE FOR THE NATIONAL CITY
COMMUNITY DURING THANKSGIVING SEASON 2019 AND
RECOGNIZING THE DONORS OF SUCH GIFT. (City Manager and City
Attorney)
ACTION: Adopted. See above.
FINANCIAL MANAGEMENT 2019-2020 (204-1-34)
17. Investment Report for the quarter ended August 31, 2019. (Finance)
ACTION: Filed. See above.
WARRANT REGISTER JULY 2019 - JUNE 2020 (202-1-34)
18. Warrant Register #12 for the period of 9/11/19 through 9/17/19 in the
amount of $687,040.03. (Finance)
ACTION: Ratified. See above.
WARRANT REGISTER JULY 2019 - JUNE 2020 (202-1-34)
19. Warrant Register #13 for the period of 9/18/19 through 9/24/19 in the
amount of $1,911,165.10. (Finance)
ACTION: Ratified. See above.
27
39 of 264
Book 101 / Page 202
11-05-2019
PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS
MUNICIPAL CODE 2019 (506-2-34)
20. PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING
NATIONAL CITY CHAPTER 13.18 OF THE NATIONAL CITY MUNICIPAL
CODE REGARDING TREE PRESERVATION OF CITY -OWNED TREES
AND PARKWAY LANDSCAPING AS THE CITY'S URBAN FOREST
MANAGEMENT PLAN. (Engineering/Public Works)
RECOMMENDATION: Introduce the Ordinance.
TESTIMONY: Michael Huff and Chris Carlstrom, Dudek Consultants,
provided the presentation and responded to questions.
ACTION: Motion by Rios, seconded by Morrison, to close the Public
Hearing. Carried by the following vote, to -wit: Ayes: Morrison,
Quintero, Rios, Sotelo-Solis. Nays: None. Abstain: None. Absent:
Cano.
Motion by Rios, seconded by Morrison, to introduce the Ordinance.
Carried by the following vote, to -wit: Ayes: Morrison, Quintero, Rios,
Sotelo-Solis. Nays: None. Abstain: None. Absent: Cano.
MUNICIPAL CODE 2019 (506-2-34)
21. PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTION
18.12.160 (HISTORIC PROPERTIES) OF TITLE 18 (ZONING) OF THE
NATIONAL CITY MUNICIPAL CODE. (Applicant: City -Initiated) (Case File
2019-23 A) (Planning)
RECOMMENDATION: Introduce the Ordinance.
TESTIMONY: Micaela Polanco, Nancy Estolano, and Fred Puhn,
National City, spoke in opposition.
EX PARTE DISCLOSURE: Member Rios stated for the record that
she viewed the Planning Commission meeting.
ACTION: Motion by Morrison, seconded by Rios, to close the Public
Hearing. Carried by the following vote, to -wit: Ayes: Morrison,
Quintero, Rios, Sotelo-Solis. Nays: None. Abstain: None. Absent:
Cano.
Motion by Morrison, seconded by Sotelo-Solis, that the Ordinance
not be introduced. Carried by the following vote, to -wit: Ayes:
Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Abstain: None.
Absent: Cano.
MUNICIPAL CODE 2019 (506-2-34)
22. Ordinance No. 2019-2464. PUBLIC HEARING AND ADOPTION OF AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AMENDING SECTIONS 18.21.020 (ALLOWED USES RESIDENTIAL
ZONE AND 18.30.080 (FAMILY DAY CARE HOMES) OF TITLE 18
28
40 of 264
Book 101 / Page 203
11-05-2019
PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS (cont.)
MUNICIPAL CODE 2019 (506-2-34)
22. Ordinance No. 2019-2464 (continued). (ZONING) OF THE NATIONAL
CITY MUNICIPAL CODE. (Applicant: City -Initiated) (Case File 2019-27 A)
(Planning)
RECOMMENDATION: Adopt the Ordinance.
TESTIMONY: None.
ACTION: Motion by Morrison, seconded by Rios, to close the Public
Hearing. Carried by the following vote, to -wit: Ayes: Morrison,
Quintero, Rios, Sotelo-Solis. Nays: None. Abstain: None. Absent:
Cano.
Motion by Rios, seconded by Quintero, to adopt the Ordinance.
Carried by the following vote, to -wit: Ayes: Quintero, Rios,
Sotelo-Solis. Nays: Morrison. Abstain: None. Absent: Cano.
MUNICIPAL CODE 2019 (506-2-34)
23. Ordinance No. 2019-2465. PUBLIC HEARING AND ADOPTION OF AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AMENDING SECTION 18.29.070 (FLOODWAY (-FW), FLOODWAY
FRINGE (-FF-1), AND FLOODWAY FRINGE -SHALLOW FLOODING
(-FF-2) ZONES) OF TITLE 18 (ZONING) OF THE NATIONAL CITY
MUNICIPAL CODE (Applicant: City -Initiated) (Case File 2019-24 A)
(Planning)
RECOMMENDATION: Adopt the Ordinance.
TESTIMONY: None.
ACTION: Motion by Morrison, seconded by Rios, to close the Public
Hearing. Carried by the following vote, to -wit: Ayes: Morrison,
Quintero, Rios, Sotelo-Solis. Nays: None. Abstain: None. Absent:
Cano.
Motion by Morrison, seconded by Quintero, to adopt the Ordinance.
Carried by the following vote, to -wit: Ayes: Morrison, Quintero, Rios,
Sotelo-Solis. Nays: None. Abstain: None. Absent: Cano.
CITY COUNCIL COMMENT: Member Rios asked Staff to forward
copies of the flood maps to the Mayor and Council.
CONTRACT (C2019-43)
24. Resolution No. 2019-150. RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY: 1) AUTHORIZING THE MAYOR TO EXECUTE
A THREE-YEAR AGREEMENT WITH DHS CONSULTING, LLC. FOR A
NOT -TO -EXCEED AMOUNT OF $2,000,000 TO PROVIDE ON -CALL
PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL
IMPROVEMENT PROGRAM (CIP), INCLUDING, BUT NOT LIMITED TO,
29
41 of 264
Book 101 / Page 204
11-05-2019
NON CONSENT RESOLUTIONS (cont.)
CONTRACT (C2019-43)
24. Resolution No. 2019-150 (continued). PROJECT MANAGEMENT;
ENGINEERING; CONSTRUCTION MANAGEMENT, INSPECTIONS AND
CERTIFIED PAYROLL; PLAN REVIEWS; CONSTRUCTABILITY
REVIEWS; COMMUNITY OUTREACH AND COMMUNICATIONS; AND 2)
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY PROJECT -
SPECIFIC SUPPLEMENTAL AGREEMENTS, AS MAY BE REQUIRED
FOR GRANT FUNDED PROJECTS. (Engineering/Public Works)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Morrison, seconded by Rios, to adopt the
Resolution. Carried by the following vote, to -wit: Ayes: Morrison,
Quintero, Rios, Sotelo-Solis. Nays: None. Abstain: None. Absent:
Cano.
CONTRACT (C2014-14)
25. Resolution No. 2019-151. RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY: 1) AUTHORIZING THE MAYOR TO EXECUTE
A THREE-YEAR AGREEMENT WITH INNOVATIVE CONSTRUCTION
CONSULTING SERVICES (ICCS) FOR A NOT -TO -EXCEED AMOUNT OF
$2,000,000 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; AND 2)
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY PROJECT -
SPECIFIC SUPPLEMENTAL AGREEMENTS, AS MAY BE REQUIRED
FOR GRANT FUNDED PROJECTS. (Engineering/Public Works)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Rios, seconded by Morrison, to adopt the
Resolution. Carried by the following vote, to -wit: Ayes: Morrison,
Quintero, Rios, Sotelo-Solis Nays: None. Abstain: None. Absent:
Cano.
CONTRACT (C2010-68)
26. Resolution No. 2019-152. RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY: 1) AUTHORIZING THE MAYOR TO EXECUTE
A THREE-YEAR AGREEMENT WITH PROJECT PROFESSIONALS
CORPORATION (PPC) FOR A NOT -TO -EXCEED AMOUNT OF
$2,000,000 TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES
FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM (CIP),
30
42 of 264
Book 101 / Page 205
11-05-2019
NON CONSENT RESOLUTIONS (cont.)
CONTRACT (C2010-68)
26. Resolution No. 2019-152 (continued). INCLUDING, BUT NOT LIMITED
TO, PROJECT MANAGEMENT; ENGINEERING; CONSTRUCTION
MANAGEMENT, INSPECTIONS AND CERTIFIED PAYROLL; PLAN
REVIEWS; CONSTRUCTABILITY REVIEWS; COMMUNITY OUTREACH
AND COMMUNICATIONS; AND 2) AUTHORIZING THE CITY MANAGER
TO EXECUTE ANY PROJECT -SPECIFIC SUPPLEMENTAL
AGREEMENTS, AS MAY BE REQUIRED FOR GRANT FUNDED
PROJECTS. (Engineering/Public Works)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Quintero, seconded by Morrison, to adopt the
Resolution. Carried by the following vote, to -wit: Ayes: Morrison,
Quintero, Rios, Sotelo-Solis. Nays: None. Abstain: None. Absent:
Cano.
NEW BUSINESS
TEMPORARY USE PERMITS 2019 (203-1-35)
27. Temporary Use Permit - Soldier Ride San Diego sponsored by Wounded
Warrior Project on November 22, 2019 from 9 a.m. to 12 p.m. with no
waiver of fees. (Neighborhood Services)
RECOMMENDATION: Approve the Temporary Use Permit.
TESTIMONY: None.
ACTION: Motion by Rios, seconded by Morrison, to approve the
Temporary Use Permit. Carried by the following vote, to -wit: Ayes:
Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Abstain: None.
Absent: Cano.
COUNCIL MEETINGS REGS / SCHEDULE ADMIN (102-7-1)
28. City Council Meeting Schedule for January 2020. (City Clerk)
RECOMMENDATION: Adopt a motion dispensing with the January 7, 2020
Regular Meetings of the City Council and Successor Agency and adjourn
the Regular Meetings of December 17, 2019 to the next Regular Meeting to
be held on January 21, 2020.
TESTIMONY: None.
ACTION: Motion by Rios, seconded by Quintero, to approve staff
recommendation. Carried by the following vote, to -wit: Ayes:
Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Abstain: None.
Absent: Cano.
B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY
There were no CDC -HA action items.
31
43 of 264
Book 101 / Page 206
11-05-2019
C. REPORTS
STAFF REPORTS
There were no Staff Reports.
MAYOR, CITY COUNCIL, AND OTHER ELECTED OFFICIALS
Mitch Beauchamp spoke in opposition to the action taken on the MTS
appointment.
Vice Mayor Morrison extended an invitation to the Maytime Band Review event;
spoke about visiting the Sister Cities International headquarters (SCI) in
Washington D.C. and information he learned about the status of National City's
Sister Cities and provided materials needed to start the process to officially add
Olongapo as a Sister City.
Member Rios congratulated Mayor Sotelo-Solis and Member Quintero for their
appointment to MTS; thanked Community Development Director Armando Vergara
and City Manager Brad Raulston for their presentation on the Community
Development rollout; congratulated the Engineering/Public Works Departments on
their achievement awards and commended Staff who participated on putting
together the City Guide.
Mayor Sotelo-Solis offered the following motions for Council consideration:
Motion by Mayor Sotelo-Solis, seconded by Morrison, to receive an update on
Morgan and Kimball Towers' staffing and items that have come before the Council.
Carried by the following vote, to -wit: Ayes: Morrison, Quintero, Rios, Sotelo-Solis.
Nays: None. Abstain: None. Absent: Cano.
Mayor Sotelo-Solis encouraged everyone to participate in "Movember" to bring
awareness to men's health and thanked everyone who attended the City's
inaugural Dia de los Muertos celebration.
CLOSED SESSION REPORT
There was no Closed Session Meeting.
ADJOURNMENT
The meeting was adjourned in honor and memory of Ms. Fahari Jeffers.
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 — November 19, 2019 - 6:00 p.m.
- Council Chambers - National City, California. Carried by the following vote, to -
wit: Ayes: Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Abstain: None.
Absent: Cano.
32
44 of 264
ADJOURNMENT (cont.)
The meeting closed at 8:47 p.m.
Book 101 / Page 207
11-05-2019
City Clerk
The foregoing minutes were approved at the Regular Meeting of February 18,
2020.
Mayor
33
45 of 264
Book 101 / Page 208
11-19-2019
DRAFT DRAFT DRAFT
MINUTES OF THE SPECIAL MEETING OF THE
CITY COUNCIL OF THE CITY OF NATIONAL CITY
November 19, 2019
The Special Meeting of the City Council of the City of National City was called to order at
5:01 p.m. by Mayor / Chairwoman Alejandra Sotelo-Solis.
ROLL CALL
Council / Board members present: Cano, Morrison, Quintero, Rios, Sotelo-Solis.
Administrative Officials present: Dalla, Morris -Jones, Raulston, Vergara, Ybarra.
CITY COUNCIL
OPEN SESSION
PUBLIC COMMENTS — None.
Members retired into Closed Session at 5:01 p.m.
CLOSED SESSION
1. Conference with Labor Negotiators — Government Code Section 54957.6
Agency Designated Representatives: Eddie Kreisberg, Mark Roberts, Robert
Hernandez, Robert Meteau, and Lilia Munoz
Employee Organization: Firefighters' Association
2. Conference with Legal Counsel — Potential Litigation: Five Cases
Potential Litigation Pursuant to Governmental Code Section 54956.9(d)(2)
CLOSED SESSION REPORT: AT THE END OF REGULAR COUNCIL MEETING.
ADJOURNMENT
Next Regular City Council Meeting: Tuesday, November 19, 2019 - 6:00 p.m., City
Council Chambers, Civic Center — National City, California.
City Clerk
The foregoing minutes were approved at the Regular Meeting of February 18, 2020.
Mayor
34
46 of 264
Book 101 / Page 209
11-19-2019
DRAFT DRAFT DRAFT
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION —
HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY
November 19, 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
6:04 p.m. by Mayor / Chairwoman Alejandra Sotelo-Solis.
ROLL CALL
Council / Board members present: Cano, Morrison, Quintero, Rios, Sotelo-Solis.
Administrative Officials present: Aguirre, Dalla, Duong, Manganiello, Meteau,
Morris -Jones, Olson, Parra, Raulston, Roberts, Tellez, Vergara, Williams, Ybarra.
Others present: City Treasurer Mitch Beauchamp and Student Representative
Paulette Nungaray.
PLEDGE OF ALLEGIANCE TO THE FLAG BY THE 2020 STORM WATER
CALENDAR PRESENTATION WINNERS
PUBLIC COMMENTS
Dukie Valderrama, National City, spoke on cancer awareness and provided
information regarding an upcoming bone marrow drive.
Becky Rapp, spoke on public health concerns regarding marijuana and youth;
spoke against bringing retail marijuana businesses in the City; and provided
informational handouts.
Brian Clapper, National City, thanked the City, the Lions Club, and the National
School District for continuing to support the One Sight program and announced
that the National City Police Department and Fire Foundation has partnered with
the Lions Club; Mr. Clapper provided event information.
Kathleen Lippitt, read information from articles regarding cannabis control and
regulations and provided copies of the articles.
Camilo (no last name provided), National City, spoke on an ongoing personal
family issue that has not been resolved.
PRESENTATIONS
COUNCIL MEETING PRESENTATIONS 2019 (102-10-14)
1. 2020 Storm Water Calendar Presentation - Kathy Masters, Sr. Office
Assistant. (Engineering/Public Works)
35
47 of 264
Book 101 / Page 210
11-19-2019
PRESENTATIONS (cont.)
COUNCIL MEETING PRESENTATIONS 2019 (102-10-14)
2. San Diego County Regional Airport Authority - Airport Development Plan
Update. (Mark West, Board Member, SDCRAA and Brendan Reed,
Director, Planning and Environmental Affairs, SDCRAA)
COUNCIL MEETING PRESENTATIONS 2019 (102-10-14)
3. Kimball and Morgan Towers -Property Management Update. (Suzanna
Velazquez, Regional Vice President, Mercy Housing Management Group)
COUNCIL MEETING PRESENTATIONS 2019 (102-10-14)
4. Recap on Family Tennis Day held on Saturday, October 12, 2019 at El
Toyon Park Tennis Courts. (Community Services)
COUNCIL MEETING PRESENTATIONS 2019 (102-10-14)
5. Update on Small Cells. (City Attorney)
NOTE: All presentation material is available in the Office of the City Clerk for Item
Nos. 2 through 4.
REGIONAL BOARDS AND COMMITTEE REPORTS
San Diego County Water Authority (SDCWA)
Vice Mayor Morrison stated that interviews for a new General Manager interviews
took place and that the new General Manager will be announced during a Closed
Session meeting.
San Diego Bayshore Bikeway (SDBB)
Member Rios said that she will be attending and upcoming quarterly Bayshore
Bikeway Committee meeting and urged the Council to approve the Memorandum
of Understanding (MOU) for Agenda Item No. 10 in order to move forward with the
$9,000 that the Port of San Diego will contribute to the project.
Metropolitan Transit System (MTS)
Mayor Sotelo-Solis provided information regarding Blue Line connectivity
(Tijuana to Downtown) and that 24-hour service is currently being proposed.
Sweetwater Authority (SWA)
Member Cano said that stormwater pipes are currently being cleaned and
infrastructure upgrades are being done.
San Diego Association of Governments (SANDAG)
Mayor Sotelo-Solis reported that the Regional Transportation Plan and the
Regional Housing Needs Allocation (RHNA) will be discussed at the next
SANDAG meeting.
36
48 of 264
CITY COUNCIL
CONSENT CALENDAR
Book 101 / Page 211
11-19-2019
ADOPTION OF CONSENT CALENDAR. Item No. 6 (NCMC), Item No. 7
(Minutes), Item Nos. 8 through 16 (Resolution No. 2019-153 through 2019-161),
Item Nos. 17 through 19 (Warrant Registers). Motion by Cano, seconded by
Quintero, to approve the Consent Calendar, except for Item No. 13. Carried by
unanimous vote.
MUNICIPAL CODE 2019 (506-2-34)
6. MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
APPROVING THE WAIVING OF THE READING OF THE TEXT OF THE
ORDINANCES CONSIDERED AT THIS MEETING AND PROVIDING
THAT SUCH ORDINANCES SHALL BE INTRODUCED AND/OR
ADOPTED AFTER A READING OF THE TITLE ONLY. (CITY CLERK)
ACTION: Approved. See above.
GENERAL ADMIN (103-2-1)
7. APPROVAL OF THE MINUTES OF THE SPECIAL MEETINGS OF THE
CITY COUNCIL OF THE CITY OF NATIONAL CITY OF OCTOBER 1, 2019
AND OCTOBER 15, 2019. (City Clerk)
ACTION: Approved. See above.
CONTRACT (C2019-44)
8. Resolution No. 2019-153. RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY AUTHORIZING THE CHIEF OF POLICE TO
ENTER INTO AN AGREEMENT WITH VIGILANT SOLUTIONS, LLC. TO
ACCESS LAW ENFORCEMENT LICENSE PLATE DATA STORED ON
THEIR SYSTEMS. THIS AGREEMENT ALLOWS THE POLICE
DEPARTMENT ACCESS TO THE LAW ENFORCEMENT LPR DATA
BASE AND IT CONTAINS AN INDEMNIFICATION AGREEMENT THAT
REQUIRES CITY COUNCIL APPROVAL. (Police)
ACTION: Adopted. See above.
CONTRACT (C2012-56)
9. Resolution No. 2019-154. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO
EXECUTE THE THIRD AMENDMENT TO THE HOME COMMUNITY
HOUSING DEVELOPMENT ORGANIZATION (CHDO) FUNDING
AGREEMENT DATED JUNE 30, 2017 BETWEEN THE CITY OF
NATIONAL CITY AND SAN DIEGO HABITAT FOR HUMANITY
COMMUNITY HOUSING CORPORATION, INC. TO UNDERGROUND
THE UTILITIES ON A NEW DEVELOPMENT PROJECT LOCATED AT
405-418 WEST 18TH ST.; TO APPROPRIATE $101,310.45 OF
37
49 of 264
Book 101 / Page 212
11-19-2019
CONSENT CALENDAR (cont.)
CONTRACT (C2012-56)
9. Resolution No. 2019-154 (continued). PREVIOUSLY AWARDED 2019-
2020 HOME PROGRAM FUNDS; PROPOSE TO ALLOCATE AN
ADDITIONAL $88,600.00 IN 2020-2021 HOME PROGRAM FUNDS; AND
EXTEND THE TERM OF THE AGREEMENT TO JUNE 30, 2023. (Housing
Authority)
ACTION: Adopted. See above.
CONTRACT (C2019-45)
10. Resolution No. 2019-155. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO
EXECUTE A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN
THE SAN DIEGO UNIFIED PORT DISTRICT (PORT) AND THE CITY OF
NATIONAL CITY FOR FUNDING FOR DESIGN AND ENTITLEMENTS
FOR THE BAYSHORE BIKEWAY SEGMENT FIVE. (Engineering/Public
Works)
ACTION: Adopted. See above.
CONTRACT (C2019-46)
11. Resolution No. 2019-156. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY: 1) AWARDING A CONTRACT TO BAKER
ELECTRIC, INC. IN THE AMOUNT OF $336,104.36 FOR THE LAS
PALMAS POOL ELECTRICAL SYSTEM REPLACEMENT, CIP NO. 19-46;
2) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF
$50,415.65 FOR ANY UNFORESEEN CHANGES; AND 3) AUTHORIZING
THE MAYOR TO EXECUTE THE CONTRACT. (Engineering/Public Works)
ACTION: Adopted. See above.
DEED (D2019-7)
CITY - OWNED LAND / SALE — LEASE (1001-1-1)
12. Resolution No. 2019-157. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY GRANTING A QUITCLAIM DEED FOR AN
EASEMENT ACROSS THE PARCEL OF LAND LOCATED AT 405 W.
18TH STREET (A.P.N. 559 085 08 00) TO SAN DIEGO HABITAT FOR
HUMANITY. (Engineering/Public Works)
ACTION: Adopted. See above.
ENCROACHMENT AGREEMENT ADMIN 2016-2020 (903-14-10)
13. Resolution No. 2019-158. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY ACCEPTING AND AUTHORIZING THE
MAYOR TO SIGN AN ENCROACHMENT AND REMOVAL AGREEMENT
WITH KARIM MANSOUR TO INSTALL 3 CANOPIES TO OVERHANG
THE PUBLIC RIGHT OF WAY AT 322 THROUGH 330 HIGHLAND
AVENUE. (Engineering/Public Works)
38
50 of 264
Book 101 / Page 213
11-19-2019
CONSENT CALENDAR (cont.)
ENCROACHMENT AGREEMENT ADMIN 2016-2020 (903-14-10)
13. Resolution No. 2019-158 (continued).
ACTION: Motion by Cano, seconded by Rios, to adopt the
Resolution. Carried by the following vote, to -wit: Ayes: Cano,
Quintero, Rios, Sotelo-Solis. Nays: Morrison. Abstain: None.
Absent: None.
LABOR RELATIONS CONFIDENTIAL EMPLOYEES 2018-2020 (605-5-1)
14. Resolution No. 2019-159. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY APPROVING CHANGES IN
COMPENSATION AND OTHER BENEFITS FOR THE CONFIDENTIAL
EMPLOYEE GROUP FOR THE REMAINDER OF THE FISCAL YEAR
2019-20 (THROUGH JUNE 30, 2020). (Human Resources)
ACTION: Adopted. See above.
GRANT / PUBLIC SAFETY (206-4-27)
15. Resolution No. 2019-160. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE ACCEPTANCE OF
THE NATIONAL CITY POLICE DEPARTMENT'S GRANT APPLICATION
IN THE AMOUNT OF $20,847 TO THE 2019 EDWARD BYRNE
MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM TO
PURCHASE MOTOROLA HANDHELD POLICE RADIOS, MOTOROLA
HANDHELD RADIOS BATTERIES, AND SET ASIDE 3% OF THE
AWARDED GRANT FOR NIBRS COMPLIANCE AS DICTATED WITHIN
THE GRANT, AND AUTHORIZING THE ACCEPTANCE OF THE GRANT
AWARD, AND AUTHORIZING THE ESTABLISHMENT OF AN
APPROPRIATION AND CORRESPONDING REVENUE BUDGET.
(Police)
ACTION: Adopted. See above.
CONTRACT (C2017-5)
16. Resolution No. 2019-161. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO
EXECUTE A FIRST AMENDMENT TO THE TELECOM LAW FIRM
RETAINER AGREEMENT INCREASING THE NOT -TO -EXCEED
AMOUNT BY $50,000, FOR A TOTAL NOT -TO -EXCEED AMOUNT OF
$75,000, MAKING THE RETAINER AGREEMENT CONSISTENT WITH
THE FEBRUARY 19, 2019 APPROPRIATION OF $50,000 FOR
PROFESSIONAL SMALL CELL -RELATED SERVICES. (City Attorney)
ACTION: Adopted. See above.
WARRANT REGISTER JULY 2019 - JUNE 2020 (202-1-34)
17. Warrant Register #14 for the period of 9/25/19 through 10/01/19 in the
amount of $1,367,847.83. (Finance)
ACTION: Ratified. See above.
39
51 of 264
Book 101 / Page 214
11-19-2019
CONSENT CALENDAR (cont.)
WARRANT REGISTER JULY 2019 - JUNE 2020 (202-1-34)
18. Warrant Register #15 for the period of 10/2/19 through 10/8/19 in the
amount of $2,256,127.48. (Finance)
ACTION: Ratified. See above.
WARRANT REGISTER JULY 2019 - JUNE 2020 (202-1-34)
19. Warrant Register #16 for the period of 10/9/19 through 10/15/19 in the
amount of $550,379.09. (Finance)
ACTION: Ratified. See above.
PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS
MUNICIPAL CODE 2019 (506-2-34)
20. Ordinance No. 2019-2466. PUBLIC HEARING AND ADOPTION OF AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AMENDING CHAPTER 13.18 OF THE NATIONAL CITY MUNICIPAL
CODE REGARDING TREE PRESERVATION OF THE CITY -OWNED
TREES AND PARKWAY LANDSCAPING AS THE CITY'S URBAN
FOREST MANAGEMENT PLAN. (Engineering/Public Works)
RECOMMENDATION: Adopt the Ordinance.
TESTIMONY: None.
ACTION: Motion by Cano, seconded by Rios, to close the Public
Hearing. Carried by unanimous vote.
Motion by Cano, seconded by Morrison, to adopt the Ordinance.
Carried by unanimous vote.
PARKING DISTRICT ADMIN (801-1-1)
21. Resolution No. 2019-162. PUBLIC HEARING AND ADOPTION OF A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY ESTABLISHING RESIDENTIAL PERMIT PARKING DISTRICT "M"
ON BOTH SIDES OF SHERYL LANE (TSC 2019-09). (Engineering/Public
Works)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: R. Mitchel Beauchamp, speaking as a private citizen,
spoke in support of the permit parking district and spoke on the
importance of accommodating residents.
ACTION: Motion by Morrison, seconded by Cano, to close the Public
Hearing. Carried by unanimous vote.
Motion by Cano, seconded by Morrison, to adopt the Resolution.
Carried by unanimous vote.
40
52 of 264
Book 101 / Page 215
11-19-2019
PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS (cont.)
MUNICIPAL CODE 2019 (506-2-34)
22. PUBLIC HEARING AND INTRODUCTION OF ORDINANCES FOR THE
2019 CALIFORNIA FIRE CODE AND THE NATIONAL FIRE PROTECTION
ASSOCIATION STANDARDS; THE 2019 CALIFORNIA BUILDING CODE
AND AMENDING CHAPTER 15.08.075 OF NATIONAL CITY MUNICIPAL
CODE PERTAINING TO CITY COUNCIL AUTHORITY UNDER TITLE 15;
THE 2019 CALIFORNIA ELECTRICAL CODE AND 2017 NATIONAL
ELECTRICAL CODE; THE 2019 CALIFORNIA ENERGY CODE;
APPENDIX J OF THE 2019 CALIFORNIA BUILDING CODE, AND
AMENDING CHAPTER 15.70 (GRADING) OF THE NATIONAL CITY
MUNICIPAL CODE; THE 2019 CALIFORNIA GREEN CODE; THE 2019
CALIFORNIA MECHANICAL CODE; THE 2019 CALIFORNIA PLUMBING
CODE; AND THE 2019 CALIFORNIA RESIDENTIAL CODE; AND
ALL APPENDICES RELATED TO THESE CODES. (Building,
Engineering/Public Works and Fire)
RECOMMENDATION: Introduce the Ordinances.
TESTIMONY: None.
ACTION: Motion by Morrison, seconded by Cano, to close the Public
Hearing. Carried by unanimous vote.
Motion by Cano, seconded Morrison, to introduce the Ordinances.
Carried by unanimous vote.
MUNICIPAL CODE 2019 (506-2-34)
23. PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTION
16.06.060 (FUNCTIONS AND AUTHORITY - PLANNING COMMISSION
TO FUNCTION AS COMMITTEE ON HOUSING AND COMMUNITY
DEVELOPMENT - EX OFFICIO MEMBERS) OF TITLE 16 (CITY BOARDS,
COMMISSIONS, AND COMMITTEES) OF THE NATIONAL CITY
MUNICIPAL CODE. (Housing Authority)
RECOMMENDATION: Introduce the Ordinance.
TESTIMONY: None.
ACTION: Motion by Morrison, seconded by Rios, to close the Public
Hearing. Carried by unanimous vote.
Motion by Rios, seconded by Morrison, to introduce the Ordinance.
Carried by unanimous vote.
RECESS
A recess was called at 8:05 p.m.
The meeting reconvened at 8:11 p.m. All Members were present.
41
53 of 264
Book 101 / Page 216
11-19-2019
NON CONSENT RESOLUTIONS
CONTRACT (C2017-64)
24. Resolution No. 2019-163. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY: 1) AUTHORIZING THE MAYOR TO
EXECUTE A THREE-YEAR AGREEMENT WITH CHEN RYAN
ASSOCIATES, INC. FOR A NOT -TO -EXCEED AMOUNT OF $2,000,000
TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR
NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM (CIP),
INCLUDING, BUT NOT LIMITED TO, PROJECT MANAGEMENT; CIVIL
ENGINEERING; TRAFFIC ENGINEERING; TRANSPORTATION
PLANNING; PLAN REVIEWS; CONSTRUCTABILITY REVIEWS; LONG-
RANGE PLANNING; GRANTS MANAGEMENT; COMMUNITY
OUTREACH AND COMMUNICATIONS; AND 2) AUTHORIZING THE CITY
MANAGER TO EXECUTE ANY PROJECT -SPECIFIC SUPPLEMENTAL
AGREEMENTS, AS MAY BE REQUIRED FOR GRANT FUNDED
PROJECTS. (Engineering/Public Works)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Morrison, seconded by Rios, to adopt the
Resolution. Carried by unanimous vote.
CONTRACT (C2014-15)
25. Resolution No. 2019-164. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY: 1) AUTHORIZING THE MAYOR TO
EXECUTE A THREE-YEAR AGREEMENT WITH STC TRAFFIC, INC.
FOR A NOT -TO -EXCEED AMOUNT OF $2,000,000 TO PROVIDE
ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S
CAPITAL IMPROVEMENT PROGRAM (CIP), INCLUDING, BUT NOT
LIMITED TO, PROJECT MANAGEMENT; TRAFFIC ENGINEERING;
TRANSPORTATION PLANNING; TRAFFIC SIGNAL COMMUNICATIONS
INFRASTRUCTURE AND SYSTEMS INTEGRATION; PLAN REVIEWS;
CONSTRUCTABILITY REVIEWS; CONSTRUCTION SUPPORT; GRANTS
MANAGEMENT; COMMUNITY OUTREACH AND COMMUNICATIONS;
AND 2) AUTHORIZING THE CITY MANAGER TO EXECUTE ANY
PROJECT -SPECIFIC SUPPLEMENTAL AGREEMENTS, AS MAY BE
REQUIRED FOR GRANT FUNDED PROJECTS. (Engineering/Public
Works)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Morrison, seconded by Rios, to adopt the
Resolution. Carried by unanimous vote.
42
54 of 264
Book 101 / Page 217
11-19-2019
NON CONSENT RESOLUTIONS (cont.)
ELECTION MAR 2020 CLERK AND TREASURER / PET SALES REFERENDUM
(505-7-13)
26. Resolution No. 2019-165. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY CALLING AND GIVING NOTICE OF THE
HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, MARCH 3, 2020 FOR THE PURPOSE OF SUBMISSION OF A
BALLOT MEASURE TO THE VOTERS AS REQUIRED BY THE
PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA
RELATING TO GENERAL LAW CITIES. (City Attorney)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: Brian Clapper, National City, spoke in favor of the
March Special Election.
ACTION: Motion by Morrison, seconded by Rios, to adopt the
Resolution. Carried by unanimous vote.
ELECTION MAR 2020 CLERK AND TREASURER / PET SALES REFERENDUM
(505-7-13)
27. Resolution No. 2019-166. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY ORDERING THE SUBMISSION OF A
MEASURE TO THE QUALIFIED VOTERS OF THE CITY OF NATIONAL
CITY AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON
MARCH 3, 2020, TO MAKE THE OFFICES OF CITY CLERK AND CITY
TREASURER APPOINTIVE. (City Attorney)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Rios, seconded by Morrison, to adopt the
Resolution. Carried by unanimous vote.
ELECTION MAR 2020 CLERK AND TREASURER / PET SALES REFERENDUM
(505-7-13)
28. Resolution No. 2019-167. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF SAN DIEGO TO CONSOLIDATE A
SPECIAL MUNICIPAL ELECTION TO BE HELD ON MARCH 3, 2020
WITH THE STATEWIDE PRESIDENTIAL PRIMARY ELECTION TO BE
HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE
ELECTIONS CODE. (City Attorney)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Rios, seconded by Morrison, to adopt the
Resolution. Carried by unanimous vote.
43
55 of 264
Book 101 / Page 218
11-19-2019
NON CONSENT RESOLUTIONS (cont.)
ELECTION MAR 2020 CLERK AND TREASURER / PET SALES REFERENDUM
(505-7-13)
29. Resolution No. 2019-168. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE FILING OF AN
IMPARTIAL ANALYSIS AND WRITTEN ARGUMENTS, AND DIRECTING
THE CITY ATTORNEY TO PREPARE AN ORDINANCE VESTING THE
APPOINTING AUTHORITY IN THE CITY MANAGER, RELATING TO A
MEASURE TO MAKE THE OFFICES OF CITY CLERK AND CITY
TREASURER APPOINTIVE. (City Attorney)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Rios, seconded by Morrison, to adopt the
Resolution. Carried by unanimous vote.
NEW BUSINESS
CONDITIONAL USE PERMITS 2019 (403-32-3)
30. Notice of Decision - Planning Commission approval of a Conditional Use
Permit (CUP) for the on -site sale of beer and wine at a new restaurant
(Funky Fries and Burgers) located at 3030 Plaza Bonita Road, Suite 1108.
(Applicant: Sebastian Hallak) (Case File No. 2019-25 CUP) (Planning)
RECOMMENDATION: File the Notice of Decision.
TESTIMONY: None.
ACTION: Motion by Rios, seconded by Morrison, to file the Notice of
Decision. Carried by unanimous vote.
ELECTION MAR 2020 CLERK AND TREASURER / PET SALES REFERENDUM
(505-7-13)
31. Report to the City Council on the Certification of Sufficiency of Signatures
on a Voter Referendum to repeal Ordinance No. 2019-2463. (City Clerk)
RECOMMENDATION: Direct the City Attorney to prepare for City Council
action at their next meeting all resolutions necessary to place the Voter
Referendum on the March 3, 2020 Ballot.
TESTIMONY: The following individuals spoke in support of repealing
Ordinance No. 2019-2463: Bailey Schenk, Poway, Taylor Lang,
Escondido, Gabriella Lopez, San Diego, Richard Pena, San Diego,
Brenda Pamaro, Katya Best, Jocelyn Torres, Keela Penny,
and Trent Swiser, Corona.
The following individuals spoke in opposition to repealing Ordinance
No. 2019-2463: Leslie Davies, Oceanside, Liz Ramos, National City,
Bryan Pease, San Diego Environmental Attorney, Stacy Parmer,
El Cajon Barking Lot Rescue Organization, Dr. Lacey Levitt, and
Karen Clayton, Spring Valley.
44
56 of 264
Book 101 / Page 219
11-19-2019
NEW BUSINESS
ELECTION MAR 2020 CLERK AND TREASURER / PET SALES REFERENDUM
(505-7-13)
31. Report to the City Council on the Certification of Sufficiency of Signatures
on a Voter Referendum to repeal Ordinance No. 2019-2463 (continued).
(City Clerk)
TESTIMONY (cont.): The following individuals were neutral on the
issues: Brian Clapper, National City, and Alberto Paramo, San
Diego.
ACTION: Motion by Morrison, to rescind Ordinance No. 2019-2463
and avoid lawsuits, taxpayer money, and an election and let the
State deal with it. Motion died for lack of a second.
Motion by Rios, seconded by Sotelo-Solis, to direct the City Attorney
to prepare the Election Resolutions. Carried by the following vote, to -
wit: Ayes: Cano, Quintero, Rios, Sotelo-Solis. Nays: Morrison.
Abstain: None. Absent: None.
B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY
NON CONSENT RESOLUTIONS - HOUSING AUTHORITY
CONTRACT (C2019-47)
HOUSING AUTHORITY 2019 (404-1-8)
32. Resolution No. 2019-74. RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION -HOUSING AUTHORITY OF THE CITY
OF NATIONAL CITY AUTHORIZING THE EXECUTIVE DIRECTOR TO
EXECUTE AN EXCLUSIVE NEGOTIATION AGREEMENT BY AND
BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION -HOUSING
AUTHORITY OF THE CITY OF NATIONAL CITY, COMMUNITY
HOUSINGWORKS, AND CENTRO DE LA SALUD DE LA COMUNIDAD
DE SAN YSIDRO, INC. (SAN YSIDRO HEALTH) FOR THE
DEVELOPMENT OF THE KIMBALL HIGHLAND MASTER PLAN THAT
INCLUDES UP TO 90 AFFORDABLE HOUSING UNITS AND A NEW
KIMBALL SENIOR CENTER ON A HOUSING AUTHORITY PARCEL
LOCATED AT 1221 "D" AVENUE; UP TO 115 AFFORDABLE HOUSING
UNITS AND A PROGRAM OF ALL-INCLUSIVE CARE FOR THE
ELDERLY (PACE) CENTER ON A PRIVATELY OWNED PARCEL
LOCATED AT 1320 HIGHLAND AVENUE; AND OTHER PUBLIC
IMPROVEMENTS. (Housing Authority)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: Mary Jane Jagodzinski and Kelly Moden, Community
HousingWorks, gave a presentation on the proposed Kimball
Highland Master Plan and answered questions.
ACTION: Motion by Cano, seconded by Morrison, to adopt the
Resolution. Carried unanimous vote.
45
57 of 264
Book 101 / Page 220
11-19-2019
C. REPORTS
STAFF REPORTS
Chief of Emergency Services Frank Parra announced that through collaborative
efforts with the City Manager's Office, Fire, Public Works, and other City staff, the
City is "winter weather ready" and stated that detailed information regarding
sandbags and other information has been posted to the City's website.
MAYOR, CITY COUNCIL, AND OTHER ELECTED OFFICIALS
Member Cano inquired if the new Advisory Housing Committee will be provided
training and resources.
Member Cano left the Chamber at 9:46 p.m.
Member Rios offered the following motion for Council consideration:
Motion by Rios, seconded by Morrison, to bring forward a support resolution on
December 3rd for a bone marrow registry event on December 15th and to promote
these efforts on the City's website. Carried by the following vote, to -wit: Ayes:
Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Abstain: None. Absent:
Cano.
Mayor Sotelo-Solis offered the following motion for Council consideration:
Motion by Sotelo-Solis, seconded by Morrison, to agendize Interviews and
Appointments for December 17th to interview and appoint candidates to the two
ex-officio Advisory Housing Committee vacancies and to advertise the vacancies
before December 17th. Carried by the following vote, to -wit: Ayes: Morrison,
Quintero, Rios, Sotelo-Solis. Nays: None. Abstain: None. Absent: Cano.
CLOSED SESSION REPORT
City Attorney Angil Morris -Jones reported that in regards to Items Nos. 1 and 2,
direction was given by a 5-0 vote. (See attached Exhibit `L')
ADJOURNMENT
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 — December 3, 2019 - 6:00 p.m. -
Council Chambers - National City, California. Carried by the following vote, to -wit:
Ayes: Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Abstain: None.
Absent: Cano.
46
58 of 264
ADJOURNMENT (cont.)
The meeting closed at 10:01 p.m.
Book 101 / Page 221
11-19-2019
City Clerk
The foregoing minutes were approved at the Regular Meeting of February 18,
2020.
Mayor
City Council and Community Development Commission - Housing Authority of the
City of National City Meeting Schedule for the Period January 7, 2020 through
January 21, 2020:
January 07 - Dispense with Meeting - 6:00 p.m.
January 21 - Regular Meeting - 6:00 p.m.
In observance of the Employee Work Furlough, City Offices will be closed from
Monday, December 23, 2019 through Friday, January 3, 2020. City Offices will
reopen on Monday, January 6, 2020.
47
59 of 264
EXHIBIT `L'
CALIFORNIA
N%TLONAL; C i i y
a ii
INCOA.PORATF.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, November 19, 2019 — 5:00 p.m.
CITY COUNCIL
OPEN SESSION
CALL TO ORDER
ROLL CALL
CLOSED SESSION
PUBLIC MAY COMMENT ON CLOSED SESSION AGENDA ITEMS.
1. Conference with Labor Negotiators — Government Code Section 54957.6
Agency Designated Representatives: Eddie Kreisberg, Mark Roberts, Robert Hernandez,
Robert Meteau, and Lilia Munoz
Employee Organization: Firefighters' Association
2. Conference with Legal Counsel — Potential Litigation: Five Cases
Potential Litigation Pursuant to Governmental Code Section 54956.9(d)(2)
CLOSED SESSION REPORT: AT THE END OF REGULAR COUNCIL MEETING.
ADJOURNMENT
Next Regular City Council Meeting: Tuesday, November 19, 2019, 6:00 p.m., City Council
Chambers, Civic Center — National City, California.
48
60 of 264
Book 101 / Page 222
12-03-2019
DRAFT DRAFT DRAFT
MINUTES OF THE SPECIAL MEETING OF THE
CITY COUNCIL OF THE CITY OF NATIONAL CITY
December 3, 2019
The Special Meeting of the City Council of the City of National City was called to order at
5:02 p.m. by Mayor / Chairwoman Alejandra Sotelo-Solis.
ROLL CALL
Council / Board members present: Cano, Morrison, Quintero, Sotelo-Solis.
Council / Board members absent: Rios.
Administrative Officials present: Aguirre, Dalla, Meteau, Morris -Jones, Raulston, Vergara,
Ybarra.
CITY COUNCIL
OPEN SESSION
PUBLIC COMMENTS — None.
Members retired into Closed Session at 5:02 p.m.
CLOSED SESSION
1. Conference with Legal Counsel — Potential Litigation: One Case
Potential Litigation Pursuant to Governmental Code Section 54956.9(d)(2)
2. Conference with Legal Counsel — Pending Litigation
Existing Litigation under Government Code Section 54956.9(d)(1)
Carlsbad Police Officers Association et. al. v. City of Carlsbad, et al.
SDSC Case No. 37-2019-00005450-CU-WM-CTL
3. Conference with Legal Counsel — Pending Litigation
Existing Litigation under Government Code Section 54956.9(d)(1)
National City Puppy, LLC v. City of National City, et al
Case No. 37-2019-00049045—CU-CR-CTL
4. Conference with Legal Counsel — Pending Litigation
Existing Litigation under Government Code Section 54956.9(d)(1)
National City Puppy, LLC v. City of National City, et al
Case No. 37-2019-000615 1 7—CU-WM-CTL
5. Conference with Legal Counsel — Pending Litigation
Existing Litigation under Government Code Section 54956.9(d)(1)
Tammy Davis v. City of National City, et al
Case No. 19-CV-534-BEN-BGS
6. Conference with Legal Counsel — Pending Litigation; One Claim
Existing Litigation under Government Code Section 54956.9(d)(1)
Claim of Eugene Ray Hawkinson
49
61 of 264
Book 101 / Page 223
12-03-2019
CLOSED SESSION REPORT: AT THE END OF REGULAR COUNCIL MEETING.
ADJOURNMENT
Next Regular City Council Meeting: Tuesday, December 3, 2019 - 6:00 p.m., City Council
Chambers, Civic Center — National City, California.
City Clerk
The foregoing minutes were approved at the Regular Meeting of February 18, 2020.
Mayor
50
62 of 264
Book 101 / Page 224
12-03-2019
DRAFT DRAFT DRAFT
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION —
HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY
December 3, 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
6:02 p.m. by Mayor / Chairwoman Alejandra Sotelo-Solis.
ROLL CALL
Council / Board members present: Cano, Morrison, Quintero, Rios, Sotelo-Solis.
Administrative Officials present: Dalla, Denham, Meteau, Morris -Jones, Parra,
Raulston, Roberts, Tellez, Vergara, Williams, Yano, Ybarra.
Others present: City Treasurer Mitch Beauchamp and Student Representative
Paulette Nungaray.
PLEDGE OF ALLEGIANCE TO THE FLAG
PUBLIC COMMENTS
Jody Murphy, National City, asked for street lights and police presence in his
neighborhood due to health and safety concerns regarding homeless activity.
Ted Godshalk, Paradise Creek Educational Park, Inc., shared recent
environmental efforts that were made by volunteers for trash cleanup, plant
removal, and boardwalk cleanup at camp areas at local creeks and parks. He
asked staff to clean the amphitheater due to sediment left by the rain events.
Ron Powell, Port of San Diego, shared information regarding the free Holiday
Open House at the National City Aquatic Center at Pepper Park and asked to get
the word out regarding the event.
Bradley Bang, National City citizen representing Alliance of Californians for
Community Empowerment (ACCE), spoke in opposition to Agenda Item No. 21
and offered his suggestions and concerns regarding the proposed changes.
Rosemary Vasquez and the National City South Bay Diablos cheerleaders
extended an invitation to upcoming fundraising events.
AWARDS AND RECOGNITIONS
COUNCIL MEETING AWARDS & RECOGNITIONS 2019 (102-10-14)
1. Introduction of New Employee - Paul Valadez, Budget Manager. (Finance)
51
63 of 264
Book 101 / Page 225
12-03-2019
PRESENTATIONS
COUNCIL MEETING PRESENTATIONS 2019 (102-10-14)
2. Quarterly Report by 'A Reason to Survive' (ARTS). (Community Services)
NOTE: Presentation material is available in the Office of the City Clerk.
REGIONAL BOARDS AND COMMITTEE REPORTS
San Diego County Water Authority (SDCWA)
Vice Mayor Morrison announced that former Acting Manager Sandy Kerl has been
selected as the new General Manager.
CITY COUNCIL
CONSENT CALENDAR
ADOPTION OF CONSENT CALENDAR. Item No. 3 (NCMC), Item Nos. 4
through 8 (Resolution No. 2019-169 through 2019-173), Item No. 9 (Report), Item
Nos. 10 and 11 (Warrant Registers). Motion by Rios, seconded by Cano,
to approve the Consent Calendar, except for Item Nos. 5, 6, 7 and 8. Carried by
unanimous vote.
MUNICIPAL CODE 2019 (506-2-34)
3. Motion of the City Council of the City of National City approving the waiving
of the reading of the text of the Ordinances considered at this meeting and
providing that such Ordinances shall be introduced and/or adopted after a
reading of the title only. (City Clerk)
ACTION: Approved. See above.
CONTRACT (C2019-49)
4. Resolution No. 2019-169. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY: 1) AUTHORIZING THE MAYOR TO
EXECUTE PROGRAM SUPPLEMENT AGREEMENT (PSA) NO. F21
WITH THE STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION (CALTRANS) FOR THE CITYWIDE PROTECTED
LEFT -TURN ENHANCEMENTS PROJECT TO ALLOW FOR
REIMBURSEMENT OF UP TO $189,000 IN ELIGIBLE PROJECT
EXPENDITURES THROUGH THE HIGHWAY SAFETY IMPROVEMENTS
PROGRAM (HSIP); AND 2) AUTHORIZING THE ESTABLISHMENT OF
AN ENGINEERING GRANTS FUND APPROPRIATION OF $189,000 AND
CORRESPONDING REVENUE BUDGET. (Engineering/Public Works)
ACTION: Adopted. See above.
52
64 of 264
Book 101 / Page 226
12-03-2019
CONSENT CALENDAR (cont.)
ELECTION MAR 2020 CLERK AND TREASURER / PET SALES REFERENDUM
(505-7-13)
5. Resolution No. 2019-170. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY ORDERING THE SUBMISSION OF
ORDINANCE NO. 2019-2463, "AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY ADDING CHAPTER 8.38 TO THE
NATIONAL CITY MUNICIPAL CODE PROHIBITING THE RETAIL SALE
OF DOGS, CATS AND RABBITS" TO THE QUALIFIED VOTERS OF THE
CITY OF NATIONAL CITY AT THE SPECIAL MUNICIPAL ELECTION TO
BE HELD ON TUESDAY, MARCH 3, 2020. (City Attorney)
TESTIMONY: David Salinas, National City Puppy, said that he is
willing to negotiate and is in opposition to rescinding Ordinance
No. 2019-2463 due to a change of heart and avoiding unnecessary
election costs and complications.
Leslie Davies said that the Ordinance should be rescinded so that
voters are allowed to vote and be heard.
Coyote Moon, National City, said that the Measure should be tabled
until the District Attorney's investigation is completed and suggested
to move the election to the November 2020 ballot.
ACTION: Motion by Rios, seconded by Cano, to adopt the
Resolution. Carried by the following vote, to -wit: Ayes: Cano,
Quintero, Rios, Sotelo-Solis. Nays: Morrison. Abstain: None.
Absent: None.
ELECTION MAR 2020 CLERK AND TREASURER / PET SALES REFERENDUM
(505-7-13)
6. Resolution No. 2019-171. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY CALLING AND GIVING NOTICE OF THE
HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, MARCH 3, 2020 FOR THE PURPOSE OF SUBMISSION OF A
BALLOT MEASURE TO THE VOTERS AS REQUIRED BY THE
PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA
RELATING TO GENERAL LAW CITIES. (City Attorney)
ACTION: Motion by Rios, seconded by Cano, to adopt the
Resolution. Carried by the following vote, to -wit: Ayes: Cano,
Quintero, Rios, Sotelo-Solis. Nays: Morrison. Abstain: None.
Absent: None.
ELECTION MAR 2020 CLERK AND TREASURER / PET SALES REFERENDUM
(505-7-13)
7. Resolution No. 2019-172. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF SAN DIEGO TO CONSOLIDATE A
SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 3,
2020 WITH THE STATEWIDE PRESIDENTIAL PRIMARY ELECTION TO
BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE
ELECTIONS CODE. (City Attorney)
53
65 of 264
Book 101 / Page 227
12-03-2019
CONSENT CALENDAR (cont.)
ELECTION MAR 2020 CLERK AND TREASURER / PET SALES REFERENDUM
(505-7-13)
7. Resolution No. 2019-172 (continued)
ACTION: Motion by Rios, seconded by Cano, to adopt the
Resolution. Carried by the following vote, to -wit: Ayes: Cano,
Quintero, Rios, Sotelo-Solis. Nays: Morrison. Abstain: None.
Absent: None.
ELECTION MAR 2020 CLERK AND TREASURER / PET SALES REFERENDUM
(505-7-13)
8. Resolution No. 2019-173. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE FILING OF AN
IMPARTIAL ANALYSIS AND WRITTEN ARGUMENTS, RELATING TO A
MEASURE TO REPEAL ORDINANCE NO. 2019-2463, "AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING
CHAPTER 8.38 TO THE NATIONAL CITY MUNICIPAL CODE
PROHIBITING THE RETAIL SALE OF DOGS, CATS AND RABBITS". (City
Attorney)
ACTION: Motion by Rios, seconded by Cano, to adopt the
Resolution. Carried by the following vote, to -wit: Ayes: Cano,
Quintero, Rios, Sotelo-Solis. Nays: Morrison. Abstain: None.
Absent: None.
FINANCIAL MANAGEMENT 2019-2020 (204-1-34)
9. Investment Report for the quarter ended September 30, 2019. (Finance)
ACTION: Filed. See above.
WARRANT REGISTER JULY 2019 - JUNE 2020 (202-1-34)
10. Warrant Register #17 for the period of 10/16/19 through 10/22/19 in the
amount of $1,705,094.38. (Finance)
ACTION: Ratified. See above.
WARRANT REGISTER JULY 2019 - JUNE 2020 (202-1-34)
11. Warrant Register #18 for the period of 10/23/19 through 10/29/19 in the
amount of $1,318,833.17. (Finance)
ACTION: Ratified. See above.
PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS
MUNICIPAL CODE 2019 (506-2-34)
12. Ordinance Nos. 2019-2467 through 2019-2475. PUBLIC HEARING AND
ADOPTION OF ORDINANCES FOR THE 2019 CALIFORNIA FIRE CODE
AND THE NATIONAL FIRE PROTECTION ASSOCIATION STANDARDS;
THE 2019 CALIFORNIA BUILDING CODE AND AMENDING CHAPTER
15.08.075 OF NATIONAL CITY MUNICIPAL CODE PERTAINING TO CITY
54
66 of 264
Book 101 / Page 228
12-03-2019
PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS (cont.)
MUNICIPAL CODE 2019 (506-2-34)
12. Ordinance Nos. 2019-2467 through 2019-2475 (continued). COUNCIL
AUTHORITY UNDER TITLE 15; THE 2019 CALIFORNIA ELECTRICAL
CODE AND 2017 NATIONAL ELECTRICAL CODE; THE 2019
CALIFORNIA ENERGY CODE; APPENDIX J OF THE 2019 CALIFORNIA
BUILDING CODE, AND AMENDING CHAPTER 15.70 (GRADING) OF
THE NATIONAL CITY MUNICIPAL CODE; THE 2019 CALIFORNIA
GREEN CODE; THE 2019 CALIFORNIA MECHANICAL CODE; THE 2019
CALIFORNIA PLUMBING CODE; AND THE 2019 CALIFORNIA
RESIDENTIAL CODE; AND ALL APPENDICES RELATED TO THESE
CODES. (Building, Engineering/Public Works and Fire)
RECOMMENDATION: Adopt the Ordinances.
TESTIMONY: None.
ACTION: Motion by Cano, seconded by Morrison, to close the Public
Hearing. Carried by unanimous vote.
Motion by Cano, seconded by Morrison, to adopt the Ordinances.
Carried by unanimous vote.
GENERAL PLAN 2019-2023 (405-8-8)
13. Resolution No. 2019-174. PUBLIC HEARING AND ADOPTION OF A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY, APPROVING A GENERAL PLAN AMENDMENT FOR THE
REZONING OF PROPERTY LOCATED AT 2443 "N" AVENUE FROM
LARGE LOT RESIDENTIAL (RS-1) TO INSTITUTIONAL (I). (Applicant:
International Community Foundation) (Case File No. 2019-04 GPA)
(Planning)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: Jen Nation, Olivewood Gardens, shared background
information on the organization which promotes community wellness,
environmental justice, and health equity.
Claire Groebner, Olivewood Gardens, shared positive changes
occurring within the organization.
EX PARTE DISCLOSURE: Member Rios stated for the record that
she viewed the Planning Commission meeting.
ACTION: Motion by Rios, seconded by Cano, to close the Public
Hearing. Carried by unanimous vote.
Motion by Rios, seconded by Cano, to adopt the Resolution. Carried
by unanimous vote.
55
67 of 264
Book 101 / Page 229
12-03-2019
PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS (cont.)
MUNICIPAL CODE 2019 (506-2-34)
14. Ordinance No. 2019-2476. PUBLIC HEARING AND ADOPTION OF AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
APPROVING A ZONE CHANGE FOR PROPERTY LOCATED AT 2443 "N"
AVENUE CHANGING THE ZONE FROM LARGE LOT RESIDENTIAL
(RS-1) TO INSTITUTIONAL (I). (Applicant: International Community
Foundation) (Case File No. 2019-04 GPA) (Planning)
RECOMMENDATION: Adopt the Ordinance.
TESTIMONY: None.
ACTION: Motion by Cano, seconded by Rios, to close the Public
Hearing. Carried by unanimous vote.
Motion by Rios, seconded Cano, to adopt the Ordinance. Carried by
unanimous vote.
MUNICIPAL CODE 2019 (506-2-34)
15. Ordinance No. 2019-2477. PUBLIC HEARING AND ADOPTION OF
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY AMENDING SECTION 16.06.060 (FUNCTIONS AND AUTHORITY -
PLANNING COMMISSION TO FUNCTION AS COMMITTEE ON
HOUSING AND COMMUNITY DEVELOPMENT - EX OFFICIO MEMBERS)
OF TITLE 16 (CITY BOARDS, COMMISSIONS, AND COMMITTEES) OF
THE NATIONAL CITY MUNICIPAL CODE. (Housing Authority)
RECOMMENDATION: Adopt the Ordinance.
TESTIMONY: None.
ACTION: Motion by Morrison, seconded by Cano, to close the Public
Hearing. Carried by unanimous vote.
Motion by Cano, seconded by Morrison, to adopt the Ordinance.
Carried by unanimous vote.
NON CONSENT RESOLUTIONS
CONTRACT (C2019-50)
16. Resolution No. 2019-175. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY: 1) AUTHORIZING THE MAYOR TO
EXECUTE A THREE-YEAR AGREEMENT WITH HDR, INC. FOR A NOT -
TO -EXCEED AMOUNT OF $2,000,000 TO PROVIDE ON -CALL PROJECT
SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT
PROGRAM (CIP), INCLUDING, BUT NOT LIMITED TO, PROJECT
MANAGEMENT; CIVIL ENGINEERING; TRAFFIC ENGINEERING;
TRANSPORTATION PLANNING; PLAN REVIEWS; CONSTRUCTION
SUPPORT; CONSTRUCTABILITY REVIEWS; LONG-RANGE PLANNING;
GRANTS MANAGEMENT; COMMUNITY OUTREACH AND
COMMUNICATIONS; AND 2) AUTHORIZING THE CITY MANAGER TO
EXECUTE ANY PROJECT -SPECIFIC SUPPLEMENTAL AGREEMENTS,
AS MAY BE REQUIRED FOR GRANT FUNDED PROJECTS
(Engineering/Public Works)
56
68 of 264
Book 101 / Page 230
12-03-2019
NON CONSENT RESOLUTIONS (cont.)
CONTRACT (C2019-50)
16. Resolution No. 2019-175 (continued).
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Rios, seconded by Cano, to adopt the
Resolution. Carried by unanimous vote.
CONTRACT (C2014-54)
17. Resolution No. 2019-176. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY: 1) AUTHORIZING THE MAYOR TO
EXECUTE A THREE-YEAR AGREEMENT WITH KTU&A FOR A
NOT -TO -EXCEED AMOUNT OF $2,000,000 TO PROVIDE ON -CALL
PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL
IMPROVEMENT PROGRAM (CIP), INCLUDING, BUT NOT LIMITED TO,
PROJECT MANAGEMENT; CIVIL ENGINEERING; TRAFFIC
ENGINEERING; TRANSPORTATION PLANNING; LANDSCAPE
ARCHITECTURAL AND URBAN DESIGN; GEOGRAPHIC INFORMATION
SYSTEMS; PLAN REVIEWS; CONSTRUCTABILITY REVIEWS; LONG-
RANGE PLANNING; GRANTS MANAGEMENT; COMMUNITY
OUTREACH AND COMMUNICATIONS; AND 2) AUTHORIZING THE CITY
MANAGER TO EXECUTE ANY PROJECT -SPECIFIC SUPPLEMENTAL
AGREEMENTS, AS MAY BE REQUIRED FOR GRANT FUNDED
PROJECTS. (Engineering/Public Works)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Rios, seconded by Cano, to adopt the
Resolution. Carried by unanimous vote.
CONTRACT (C2017-34)
18. Resolution No. 2019-177. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY: 1) AUTHORIZING THE MAYOR TO
EXECUTE A THREE-YEAR AGREEMENT WITH NV5, INC. FOR A
NOT -TO -EXCEED AMOUNT OF $2,000,000 TO PROVIDE ON -CALL
PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL
IMPROVEMENT PROGRAM (CIP), INCLUDING, BUT NOT LIMITED TO,
PROJECT MANAGEMENT; CIVIL ENGINEERING; TRAFFIC
ENGINEERING; CONSTRUCTION MANAGEMENT; INSPECTIONS AND
CERTIFIED PAYROLL; TRANSPORTATION PLANNING; LAND
SURVEYING; ENVIRONMENTAL ASSESSMENT; GEOTECHNICAL;
CONSTRUCTION SUPPORT; PLAN REVIEWS; CONSTRUCTABILITY
REVIEWS; LONG-RANGE PLANNING; GRANTS MANAGEMENT;
COMMUNITY OUTREACH AND COMMUNICATIONS; AND 2)
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY PROJECT -
SPECIFIC SUPPLEMENTAL AGREEMENTS, AS MAY BE REQUIRED
FOR GRANT FUNDED PROJECTS. (Engineering/Public Works)
57
69 of 264
Book 101 / Page 231
12-03-2019
NON CONSENT RESOLUTIONS (cont.)
CONTRACT (C2017-34)
18. Resolution No. 2019-177 (continued).
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Rios, seconded by Cano, to adopt the
Resolution. Carried by unanimous vote.
CONTRACT (C2019-51)
19. Resolution No. 2019-178. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY: 1) AUTHORIZING THE MAYOR TO
EXECUTE A THREE-YEAR AGREEMENT WITH WSP USA, INC. FOR A
NOT -TO -EXCEED AMOUNT OF $2,000,000 TO PROVIDE ON -CALL
PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL
IMPROVEMENT PROGRAM (CIP), INCLUDING, BUT NOT LIMITED TO,
PROJECT MANAGEMENT; CIVIL ENGINEERING; TRAFFIC
ENGINEERING; TRANSPORTATION PLANNING; PLAN REVIEWS;
CONSTRUCTABILITY REVIEWS; LONG-RANGE PLANNING; GRANTS
MANAGEMENT; COMMUNITY OUTREACH AND COMMUNICATIONS;
AND 2) AUTHORIZING THE CITY MANAGER TO EXECUTE ANY
PROJECT -SPECIFIC SUPPLEMENTAL AGREEMENTS, AS MAY BE
REQUIRED FOR GRANT FUNDED PROJECTS. (Engineering/Public
Works)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Rios, seconded by Cano, to adopt the
Resolution. Carried by unanimous vote.
CITY STRATEGIC PLANNING (102-16-2)
20. Resolution No. 2019-179. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY ADOPTING THE 2020-2025 STRATEGIC
PLAN. (City Manager)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Rios, seconded by Cano, to adopt the
Resolution. Carried by unanimous vote.
NEW BUSINESS
NEIGHBORHOOD COUNCIL MEETING ADMIN (102-3-1)
21. Seeking City Council direction on restructuring the Neighborhood Council
Program as part of the Work Plan associated with 2020-2025 Strategic
Focus Area on Communication and Outreach. (City Manager)
RECOMMENDATION: Approve the restructuring of the Neighborhood
Council Program.
58
70 of 264
Book 101 / Page 232
12-03-2019
NEW BUSINESS
NEIGHBORHOOD COUNCIL MEETING ADMIN (102-3-1)
21. Seeking City Council direction (continued).
TESTIMONY: Bradley Bang, National City, spoke during Public
Comment regarding this item as he was unable to stay for the
duration of the meeting.
Ted Godshalk, National City, offered suggestions regarding
restructuring of the Neighborhood Council program urging the
Council to double down on the work needed to make the program
work without relying on technology and quarterly breakfasts.
Dukie Valderrama, National City, spoke on the importance of being
data -driven by getting community input and communicating what has
been accomplished/providing feedback on the public's input.
ACTION: Motion by Rios, seconded by Sotelo-Solis, to accept the
recommendations as presented by Staff to restructure the
Neighborhood Council program. Carried by the following vote, to -wit:
Ayes: Cano, Quintero, Rios, Sotelo-Solis. Nays: Morrison. Abstain:
None. Absent: None.
BUDGET FY 2020-2021 (206-1-36)
22. Approval of Fiscal Year 2020-2021 Budget Workshop dates. (Finance)
RECOMMENDATION: Approve the recommended workshop dates.
TESTIMONY: None.
STAFF COMMENT: Director of Finance Mark Roberts stated for the
record that the date noted as the Budget adoption date of
Wednesday, June 3, 2020, should be Tuesday, June 2, 2020.
ACTION: Motion by Rios, seconded by Cano, to approve the
2020-2021 Budget Workshop dates. Carried by unanimous vote.
B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY
There were no CDC -HA items.
C. REPORTS
STAFF REPORTS
CITY ATTORNEY REPORTS (509-1-3)
23. Legal Opinion Memo explaining the difference between a Standing
Committee and an Ad Hoc Committee of the National City Council.
(City Attorney)
FIRE DEPT ADMIN (305-1-1)
24. Support for bone marrow donor registration. (Chief Parra)
TESTIMONY: Dukie Valderrama, National City, spoke in support of
the bone marrow donor registration event.
59
71 of 264
Book 101 / Page 233
12-03-2019
STAFF REPORTS (cont.)
FIRE DEPT ADMIN (305-1-1)
24. Support for bone marrow donor registration (continued).
ACTION: Motion by Morrison, seconded by Cano, to support the
bone marrow donor registration. Carried by unanimous vote.
Chief of Emergency Services Frank Parra reported on the flood event that
occurred during the Thanksgiving holiday and thanked City Street and Wastewater
crews, and Police and Fire staff who helped in the emergency efforts.
MAYOR, CITY COUNCIL, AND OTHER ELECTED OFFICIALS
City Treasurer Mitch Beauchamp encouraged Council members to attend DHL
sales tax meetings so they are informed on revenue updates; extended an
invitation to a movie screening at the Chula Vista Public Library; and shared his
concerns regarding graffiti and tree/planting maintenance.
Student Council Representative Paulette Nungaray extended an invitation to
Sweetwater High School's advanced dance team showcase events; announced
that soccer season has started; the varsity cheer team has a competition in
Carlsbad; and the winter assembly/spirit week has begun.
Member Cano applauded all emergency responsive efforts made by City staff
during the storms.
Member Quintero addressed "seasonal affective disorder" and encouraged a
dialogue on mental health resources in the near future.
Vice Mayor Morrison extended an invitation to the Community 24th Annual
Community Christmas Party hosted at his home.
Mayor Sotelo-Solis said that she is pleased with the Strategic Plan and looks
forward to more community engagement.
Member Rios offered the following motion for Council consideration:
Motion by Rios, seconded by Cano, to adjourn the meeting in memory of former
Kimball Senior Center employee Louis Hernandez. Carried by unanimous vote.
CLOSED SESSION REPORT
City Attorney Angil Morris -Jones reported that in regards to Item Nos. 1 and 2, in
the Closed Session, there was nothing to report; in regards to Item Nos. 3 and 4,
there was a settlement offer the Council voted to reject by a 4-1 vote, with Vice
Mayor Morrison voting to accept; in regards to Item No. 5, there was an offer to
settle with a 5-0 vote to reject; in regards to Item No. 6, was a claim that was
rejected by a 5-0 vote. (See attached Exhibit `L')
60
72 of 264
Book 101 / Page 234
12-03-2019
ADJOURNMENT
The meeting was adjourned in memory of Louis Hernandez.
Motion by Morrison, seconded by Quintero, to adjourn the meeting to the next
Regular Meeting of the City Council and Community Development Commission -
Housing Authority of the City of National City - Tuesday — December 17, 2019 -
6:00 p.m. - Council Chambers - National City, California. Carried by unanimous
vote.
The meeting closed at 8:38 p.m.
City Clerk
The foregoing minutes were approved at the Regular Meeting of February 18,
2020.
Mayor
City Council and Community Development Commission - Housing Authority of the
City of National City Meeting Schedule for the Period January 7, 2020 through
January 21, 2020:
January 07 - Dispense with Meeting - 6:00 p.m.
January 21 - Regular Meeting - 6:00 p.m.
In observance of the Employee Work Furlough, City Offices will be closed from
Monday, December 23, 2019 through Friday, January 3, 2020. City Offices will
reopen on Monday, January 6, 2020.
61
73 of 264
EXHIBIT `L'
-^ CALIFORNIA
NATI. S N L Orr
10, 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, December 3, 2019 — 5:00 p.m.
CITY COUNCIL
OPEN SESSION
CALL TO ORDER
ROLL CALL
CLOSED SESSION
PUBLIC MAY COMMENT ON CLOSED SESSION AGENDA ITEMS.
1. Conference with Legal Counsel — Potential Litigation: One Case
Potential Litigation Pursuant to Governmental Code Section 54956.9(d)(2)
2. Conference with Legal Counsel — Pending Litigation
Existing Litigation under Government Code Section 54956.9(d)(1)
Carlsbad Police Officers Association et. al. v. City of Carlsbad, et al.
SDSC Case No. 37-2019-00005450-CU-WM-CTL
3. Conference with Legal Counsel — Pending Litigation
Existing Litigation under Government Code Section 54956.9(d)(1)
National City Puppy, LLC v. City of National City, et al
Case No. 37-2019-00049045—CU-CR-CTL
4. Conference with Legal Counsel — Pending Litigation
Existing Litigation under Government Code Section 54956.9(d)(1)
National City Puppy, LLC v. City of National City, et al
Case No. 37-2019-00061517—CU-WM-CTL
5. Conference with Legal Counsel — Pending Litigation
Existing Litigation under Government Code Section 54956.9(d)(1)
Tammy Davis v. City of National City, et al
Case No. 19-CV-534-BEN-BGS
6. Conference with Legal Counsel — Pending Litigation; One Claim
Existing Litigation under Government Code Section 54956.9(d)(1)
Claim of Eugene Ray Hawkinson
CLOSED SESSION REPORT: AT THE END OF REGULAR COUNCIL MEETING.
ADJOURNMENT
Next Regular City Council Meeting: Tuesday, December 3, 2019, 6:00 p.m., City Council
Chambers, Civic Center — National City, California.
62
74 of 264
Book 101 / Page 237
12-17-2019
DRAFT DRAFT DRAFT
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION —
HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY
December 17, 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
6:10 p.m. by Mayor / Chairwoman Alejandra Sotelo-Solis.
ROLL CALL
Council / Board members present: Cano, Morrison, Quintero, Rios, Sotelo-Solis.
Administrative Officials present: Aguirre, Dalla, Duong, Meteau, Morris -Jones,
Parra, Raulston, Roberts, Tellez, Vergara, Williams, Yano, Ybarra.
Others present: City Treasurer Mitch Beauchamp.
PLEDGE OF ALLEGIANCE TO THE FLAG BY VICE MAYOR MORRISON
PUBLIC COMMENTS
Florfina Arce, National City Kimball Morgan Tower resident, presented an
appreciation card signed by the Kimball Morgan Tower residents.
Marisa Ugarte, Anti -Trafficking Advocate, extended an invitation to attend the
Annual Freedom Breakfast —Angels of Trafficking Awards event; recognized
Member Quintero as one of her first employees at the Bilateral Safety Corridor
Coalition; Ms. Ugarte said that there is still an ongoing partnership with the City
and stressed the importance of addressing trafficking issues.
JenMichel Marquez, National City, gave thanks and asked that the indigenous
Kumeyaay people of the land are acknowledged.
PROCLAMATIONS AND CERTIFICATES
PROCLAMATION AND CERTIFICATE ADMIN (102-2-1)
1. National City Recognizes `Be the Match Bone Marrow Drive'.
AWARDS AND RECOGNITIONS
COUNCIL MEETING AWARDS & RECOGNITIONS 2019 (102-10-14)
2. Employee of the Quarter 2019 - Scott Robinson, Fire Captain. (Fire)
PRESENTATIONS
COUNCIL MEETING PRESENTATIONS 2019 (102-10-14)
3. California's 2020 Housing Laws. (Carlos Aguirre, Director of the National
City Housing Authority and Myra Martinez, San Diego State University
Master's Program Intern)
63
75 of 264
Book 101 / Page 238
12-17-2019
PRESENTATIONS (cont.)
COUNCIL MEETING PRESENTATIONS 2019 (102-10-14)
4. Community HousingWorks Request for Proposals Selection For Funding
Paradise Creek Community Garden Operator
Presentation material is on file in the Office of the City Clerk.
INTERVIEWS / APPOINTMENTS
VICE MAYOR APPOINTMENT ADMIN (101-20-1)
5. Selection of Vice Mayor. (City Attorney)
ACTION: Motion by Sotelo-Solis, seconded by Morrison, to appoint
Councilmember Rios as Vice Mayor. Carried by unanimous vote.
BOARDS & COMMISSIONS ADMIN (101-1-1)
6. Interviews and Appointments: Various Boards and Commissions. (City
Clerk)
RECOMMENDATION: Interview and appoint as desired.
TESTIMONY: Denisse Newell, Marcus Bush, and Coyote Moon
appeared for interview.
ACTION: Motion by Rios, seconded by Cano, to appoint Denisse
Newell to the Advisory Housing Committee. Carried by unanimous
vote.
Motion by Rios, seconded by Cano, to appoint Marcus Bush to the
Advisory Housing Committee. Carried by the following vote, to -wit:
Ayes: Cano, Quintero, Rios, Sotelo-Solis. Nays: Morrison. Abstain:
None. Absent: None.
Motion by Sotelo-Solis, seconded by Cano, to reappoint Leslie
Coyote to the Civil Service Commission. Carried by unanimous vote.
Motion by Sotelo-Solis, seconded by Cano, to appoint Cheryl
Howrey-Colmenero to the Library Board of Trustees. Carried by
unanimous vote.
Motion by Sotelo-Solis, seconded by Cano, to appoint Coyote Moon
as Alternate on the Library Board of Trustees. Carried by unanimous
vote.
Motion by Sotelo-Solis, seconded by Cano, to reappoint Nora
McMains to the Park, Recreation and Senior Citizen Advisory
Committee. Carried by unanimous vote.
Motion by Sotelo-Solis, seconded by Cano, to appoint Joseph
Crawford to the Park, Recreation and Senior Citizen Advisory
Committee. Carried by unanimous vote.
Motion by Sotelo-Solis, seconded by Cano, to reappoint William
Virchis to the Public Art Committee. Carried by unanimous vote.
64
76 of 264
Book 101 / Page 239
12-17-2019
INTERVIEWS / APPOINTMENTS (cont.)
BOARDS & COMMISSIONS ADMIN (101-1-1)
6. Interviews and Appointments: Various Boards and Commissions
Motion by Sotelo-Solis, seconded by Cano, to appoint Jacqueline
Schliapnik as Alternate on the Public Art Committee. Carried by
unanimous vote.
Motion by Sotelo-Solis, seconded by Cano, to reappoint Christopher
Coyote to the Traffic Safety Committee. Carried by unanimous vote.
REGIONAL BOARDS AND COMMITTEE REPORTS
Metropolitan Transit System (MTS)
Mayor Sotelo-Solis provided updates on the Blue Line late night mass transit
services; funding was allocated and the conversation continues on Elevate2020;
members of MTS, Consultants, and Staff will provide a presentation to the Council
in the near future to potentially take a position on the proposed 1/2 cent sales tax
next year; Mayor Sotelo-Solis mentioned the importance of going electric.
Member Quintero (Alternate) shared his experience observing an MTS meeting for
the first time and strongly encouraged others to attend as an opportunity to voice
an opinion to the decisions being proposed.
Member Rios announced that Route 13 has released electric buses in the City as
part of MTS's pilot program; she encouraged all to try it.
Sweetwater Authority
Member Cano announced that there was a 6-1 vote to keep Steve Castaneda as
Chairman and Hector Martinez as Vice Chair; the 2020 calendar was approved
with a 6-1 vote; and sand mining at both district dams will move forward.
San Diego County Water Authority (SDCWA)
Vice Mayor Morrison said that there is still ongoing discussion with the two North
County water districts wishing to withdraw from the SCWA; there will be a meeting
with the Executive Director of Metropolitan Water District for a presentation and
proposal to discuss lawsuits; and said that several December meetings have been
cancelled.
San Diego Association of Governments (SANDAG)
Mayor Sotelo-Solis spoke on the possibility of SANDAG partnering with MTS; she
said that meetings are available for viewing online for audio purposes and
encourage everyone to listen or attend meetings.
65
77 of 264
CITY COUNCIL
CONSENT CALENDAR
Book 101 / Page 240
12-17-2019
ADOPTION OF CONSENT CALENDAR. Item No. 7 (NCMC), Item Nos. 8
through 14 (Resolution No. 2019-181 through 2019-187), Item Nos. 15 and 16
(Reports), Item Nos. 17 and 18 (Warrant Registers). Motion by Cano, seconded
by Morrison, to approve the Consent Calendar. Carried by unanimous vote.
MUNICIPAL CODE 2019 (506-2-34)
7. Motion of the City Council of the City of National City approving the waiving
of the reading of the text of the Ordinances considered at this meeting and
providing that such Ordinances shall be introduced and/or adopted after a
reading of the title only. (City Clerk)
ACTION: Approved. See above.
CONTRACT (C2019-55)
8. Resolution No. 2019-181. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY: 1) AUTHORIZING THE MAYOR TO
EXECUTE PROGRAM SUPPLEMENT AGREEMENT (PSA) NO. F18
WITH THE STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION (CALTRANS) FOR THE PALM AVENUE ROAD
REHABILITATION PROJECT TO ALLOW FOR REIMBURSEMENT OF UP
TO $611,932 IN ELIGIBLE PROJECT EXPENDITURES THROUGH THE
FEDERAL REPURPOSED EARMARK PROJECT FUND; AND 2)
AUTHORIZING THE ESTABLISHMENT OF AN ENGINEERING GRANTS
FUND APPROPRIATION OF $611,932 AND CORRESPONDING
REVENUE BUDGET. (Engineering/Public Works)
ACTION: Adopted. See above.
ENGINEERING / PUBLIC WORKS DEPT - GRANTS / REPORTS ADMIN
(1104-1-1)
9. Resolution No. 2019-182. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY APPROVING THE ESTABLISHMENT OF
AN ENGINEERING GRANTS FUND APPROPRIATION OF $914,300 AND
CORRESPONDING REVENUE BUDGET TO ALLOW FOR
REIMBURSEMENT OF ELIGIBLE PROJECT EXPENDITURES THROUGH
THE CALIFORNIA RIVER PARKWAYS GRANT PROGRAM,
ADMINISTERED BY THE CALIFORNIA NATURAL RESOURCES
AGENCY FOR THE PARADISE CREEK PEDESTRIAN AND BICYCLE
PATHWAY PHASE I PROJECT. (Engineering/Public Works)
ACTION: Adopted. See above.
66
78 of 264
Book 101 / Page 241
12-17-2019
CONSENT CALENDAR (cont.)
PARKING & TRAFFIC CONTROL ADMIN 2019 (801-2-41)
10. Resolution No. 2019-183. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF
RED CURB "NO PARKING" AT VARIOUS INTERSECTIONS ALONG "D"
AVENUE, BETWEEN E. 1ST STREET AND E. 7TH STREET TO
ENHANCE VISIBILITY AND ACCESS TO THE INTERSECTIONS (TSC
No. 2019-12). (Engineering/Public Works)
ACTION: Adopted. See above.
PARKING & TRAFFIC CONTROL ADMIN 2019 (801-2-41)
11. Resolution No. 2019-184. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF
RED CURB "NO PARKING" AT THE INTERSECTION OF E. 5TH STREET
AND S. "V" AVENUE TO ENHANCE VISIBILITY AT THE INTERSECTION
(TSC No. 2019-13). (Engineering/Public Works)
ACTION: Adopted. See above.
PARKING & TRAFFIC CONTROL ADMIN 2019 (801-2-41)
12. Resolution No. 2019-185. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF
RED CURB "NO PARKING" AT THE INTERSECTION OF E. PLAZA BLVD
AND THE ALLEY LOCATED BETWEEN "C" AVENUE AND "D" AVENUE
TO ENHANCE VISIBILITY AND ACCESS FROM THE ALLEY ONTO E.
PLAZA BLVD (TSC No. 2019-14). (Engineering/Public Works)
ACTION: Adopted. See above.
LABOR RELATIONS MEA (605-4-00)
13. Resolution No. 2019-186. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY APPROVING EFFECTIVE JANUARY 1,
2020, THE SALARY SCHEDULE FOR THE PART-TIME AND SEASONAL
EMPLOYEE CLASSIFICATIONS AND NCMEA SALARY SCHEDULE, AS
AMENDED AND ADJUSTING UPWARD CLASSIFICATIONS WITH
SALARY RANGES BELOW THE 2020 STATE OF CALIFORNIA MINIMUM
WAGE. (Human Resources)
ACTION: Adopted. See above.
CONTRACT (C2016-30)
14. Resolution No. 2019-187. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY APPROVING THE FIRST AMENDMENT
TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL
CITY AND TASER INTERNATIONAL INC., TO INCREASE THE NUMBER
OF BODY WORN CAMERA LICENSES AND STORAGE SPACE FOR
THE FOOTAGE CAPTURED BY BODY WORN CAMERAS FOR A TOTAL
NOT -TO -EXCEED AMOUNT OF $24,977.28 COVERING THE DURATION
OF THE AGREEMENT. (Police)
ACTION: Adopted. See above.
67
79 of 264
Book 101 / Page 242
12-17-2019
CONSENT CALENDAR (cont.)
NOTICES OF COMPLETION / CIP PROJECTS (910-1-4)
15. Report regarding Capital Improvement Projects completed under the limits
set forth by the Uniform Public Construction Cost Accounting Act ("Act").
ACTION: Filed. See above.
FINANCIAL MANAGEMENT 2019-2020 (204-1-34)
16. National City Sales Tax Update - Second Quarter 2019. (Finance)
ACTION: Filed. See above.
WARRANT REGISTER JULY 2019 - JUNE 2020 (202-1-34)
17. Warrant Register #19 for the period of 10/30/19 through 11/5/19 in the
amount of $3,338,691.23. (Finance)
ACTION: Ratified. See above.
WARRANT REGISTER JULY 2019 - JUNE 2020 (202-1-34)
18. Warrant Register #20 for the period of 11/6/19 through 11/12/19 in the
amount of $352,354.81. (Finance)
ACTION: Ratified. See above.
NON CONSENT RESOLUTIONS
FIRE DEPT ADMIN (305-1-1)
19. Resolution No. 2019-188. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY ACKNOWLEDGING RECEIPT OF A
REPORT MADE BY THE CHIEF OF EMERGENCY SERVICES OF THE
NATIONAL CITY FIRE DEPARTMENT REGARDING THE INSPECTION
OF CERTAIN OCCUPANCIES REQUIRED TO PERFORM ANNUAL
INSPECTIONS IN SUCH OCCUPANCIES PURSUANT TO SECTIONS
13146.2 AND 13146.3 OF THE CALIFORNIA HEALTH AND SAFETY
CODE. (Fire)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Morrison, seconded by Cano, to adopt the
Resolution. Carried by unanimous vote.
LAND USE PLANNING / MITIGATION (405-10-04)
20. Resolution No. 2019-189. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY IN COLLABORATION WITH THE
COUNTY OF SAN DIEGO, THE CITY OF CHULA VISTA, THE CITY OF
CORONADO, THE CITY OF IMPERIAL BEACH, THE CITY OF SAN
DIEGO, THE REGIONAL WATER QUALITY CONTROL BOARD AND THE
UNIFIED PORT OF SAN DIEGO IDENTIFYING IMPROVEMENT
PROJECTS IN THE TIJUANA RIVER VALLEY TO CAPTURE
TRANSBOUNDARY FLOWS OF SEWAGE AND SEDIMENT.
(City Manager)
68
80 of 264
Book 101 / Page 243
12-17-2019
NON CONSENT RESOLUTIONS (cont.)
LAND USE PLANNING / MITIGATION (405-10-04)
20. Resolution No. 2019-189 (continued).
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Quintero, seconded by Cano, to adopt the
Resolution. Carried by unanimous vote.
CONTRACT (C2010-73)
21. Resolution No. 2019-190. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO
EXECUTE A TWO YEAR AGREEMENT BETWEEN THE CITY OF
NATIONAL CITY AND BUREAU VERITAS FOR A NOT -TO -EXCEED
AMOUNT OF $800,000 TO PROVIDE ON -CALL PLAN REVIEWS,
PERMIT PROCESSING, CONSTRUCTION INSPECTIONS, CODE
ENFORCEMENT SERVICES AND RELATED SERVICES FOR VARIOUS
CITY DEPARTMENTS INCLUDING BUT NOT LIMITED TO BUILDING,
FIRE AND ENGINEERING. (Building)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Cano, seconded by Quintero, to adopt the
Resolution. Carried by unanimous vote.
FINANCIAL MANAGEMENT 2019-2020 (204-1-34)
22. Resolution No. 2019-191. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY EXTENDING THE DATE ON WHICH
RESIDENTIAL RENTAL FEES OR TAXES DUE AND PAYABLE TO THE
CITY FOR THE YEAR 2020, THEREFORE DEFERRING DELINQUENCY
BY SIXTY-ONE DAYS, TO MAY 1, 2020, DUE TO THE IMPACT OF THE
TEMPORARY RELOCATION OF DEPARTMENT OF FINANCE STAFF
UPON THE PROVISION OF SERVICES AND PROCESSING TIMES OF
APPLICATIONS. (Finance)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Morrison, seconded by Cano, to adopt the
Resolution. Carried by unanimous vote.
FINANCIAL MANAGEMENT 2019-2020 (204-1-34)
23. Resolution No. 2019-192. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY EXTENDING THE DATE ON WHICH
BUSINESS TAXES DUE AND PAYABLE TO THE CITY FOR THE YEAR
2020, THEREFORE DEFERRING DELINQUENCY BY THIRTY-ONE
DAYS, TO APRIL 1, 2020, DUE TO THE IMPACT OF THE TEMPORARY
RELOCATION OF DEPARTMENT OF FINANCE STAFF UPON THE
PROVISION OF SERVICES AND PROCESSING TIMES OF
APPLICATIONS. (Finance)
69
81 of 264
Book 101 / Page 244
12-17-2019
NON CONSENT RESOLUTIONS (cont.)
FINANCIAL MANAGEMENT 2019-2020 (204-1-34)
23. Resolution No. 2019-192 (continued).
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Rios, seconded by Cano, to adopt the
Resolution. Carried by unanimous vote.
NEW BUSINESS
CONDITIONAL USE PERMITS 2019 (403-32-3)
24. Notice of Decision - Planning Commission approval of a Conditional Use
Permit (CUP) for the on -site sale of distilled spirits, extension of operating
hours, and addition of a bar at an existing restaurant (Slappy's Burgers and
Brews) located at 1105 E. Plaza Blvd., Suite D. (Applicant: Rafael Vasquez)
(Case File No. 2019-28 CUP) (Planning)
RECOMMENDATION: File the Notice of Decision.
TESTIMONY: R. Mitchel Beauchamp, speaking as a private citizen,
spoke in support of the Applicant.
ACTION: Motion by Morrison, seconded by Cano, to approve the
CUP and file the Notice of Decision. Carried by unanimous vote.
B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY
There were no CDC -HA items.
C. REPORTS
STAFF REPORTS
BUDGET ADMIN (103-2-6)
25. Fiscal Year 2019 and 1st Quarter Fiscal Year 2020 Budget Review.
(Finance)
ACTION: Motion by Cano, seconded by Rios, to accept and file the
Report. Carried by unanimous vote.
CITY MANAGER / REPORTS ADMIN (1104-1-12)
26. Furlough Update. (City Manager)
Community Services Recreation Superintendent Audrey Denham provided
a recap on the Kimball Holiday event and thanked the City Council, City
Staff, and Sponsors for their support.
City Manager Brad Raulston thanked Assistant City Manager Alfredo Ybarra for
his service and announced that it was his last Council meeting before he moves
forward with his retirement; Mr. Ybarra was presented with a Certificate of
Recognition for 12 years of service with the City of National City.
70
82 of 264
Book 101 / Page 245
12-17-2019
STAFF REPORTS (cont.)
Assistant City Manager Ybarra expressed his thanks to City staff for all the years
of support that was provided on projects and programs that he has been involved
with.
MAYOR, CITY COUNCIL, AND OTHER ELECTED OFFICIALS
City Treasurer Mitch Beauchamp commented on the MTS Blue Line; limitation of
sand in the County; relocation of a large historic bronze plaque from the National
City transit office to the Library's History Room; electric buses on Route 13; and
expressed his sentiments for Assistant City Manager Ybarra's retirement.
Member Cano extended his condolences to Mayor Sotelo-Solis for the loss of her
family member; wished everyone a Merry Christmas; thanked City staff for a year
of blessings; and bid a farewell to Assistant City Manager Ybarra.
Member Quintero recognized Member Morrison for his service in the past year as
Vice Mayor and his many years of service to the City; congratulated new Vice
Mayor Mona Rios; congratulated Mayor Sotelo-Solis for her first year leading the
Council; he thanked all City staff who have helped him in his time serving on the
City Council; and he shared his sentiments on Public Speaker Ms. Marisa Ugarte's
comments regarding his previous employment with the Bilateral Safety Corridor
Coalition.
Member Morrison said to be careful with the "5-Big-Moves" regarding SANDAG
and MTS by taking some real care because there is no specificity yet; spoke on
the distilled alcohol license that was approved and said that it is a good thing for
business; he wished everyone a Merry Christmas and a Happy New Year.
Vice Mayor Rios commented on Item No. 20 in regards to partnership on the
Tijuana River improvements by stating for the record that a letter was received
from the United States Section of the International Boundary and Water
Commission (USIBWC) in regards to applications being accepted for a citizen form
the area and encouraged people to apply and be part of these groups.
Vice Mayor Rios made the following motion for Council consideration:
Motion by Rios, seconded by Quintero, to come back and revisit the discussion on
volunteer badges and identification. Carried by the following vote, to -wit: Ayes:
Quintero, Rios, Sotelo-Solis. Nays: Cano. Abstain: None. Absent: None.
Mayor Sotelo-Solis shared news regarding family members who have recently
passed away and said that she appreciates Member Quintero's comments made
at the previous Council Meeting regarding "seasonal affective disorder" and spoke
on the importance of self -care.
71
83 of 264
Book 101 / Page 246
12-17-2019
MAYOR, CITY COUNCIL, AND OTHER ELECTED OFFICIALS (cont.)
Mayor Sotelo-Solis thanked City Manager Brad Raulston for coordinating the
employee holiday event and announced that tomorrow is her one-year
anniversary as Mayor and expressed her gratitude to staff and members of the
Council and spoke on the upcoming year. Mayor Sotelo-Solis wished everyone
Happy Holidays.
CLOSED SESSION REPORT
City Attorney Angil Morris -Jones reported that in regards to Item No. 2 on the
Special Meeting Agenda, there was a 4-0 vote, with Member Cano absent; staff
was given direction and authority. There was nothing to report on the remaining
items. (See attached Exhibit `L')
ADJOURNMENT
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 — January 21, 2020 - 6:00 p.m. -
Council Chambers - National City, California. Carried by unanimous vote.
The meeting closed at 8:34 p.m.
City Clerk
The foregoing minutes were approved at the Regular Meeting of February 18,
2020.
Mayor
City Council and Community Development Commission - Housing Authority of the
City of National City Meeting Schedule for the Period January 7, 2020 through
January 21, 2020:
January 07 - Dispense with Meeting - 6:00 p.m.
January 21 - Regular Meeting - 6:00 p.m.
In observance of the Employee Work Furlough, City Offices will be closed from
Monday, December 23, 2019 through Friday, January 3, 2020. City Offices will
reopen on Monday, January 6, 2020.
72
84 of 264
EXHIBIT `L'
L
CALIFORNIA -0
NATION °! L CJTV
`l.-3Vt/
INCORp ORATESI
AGENDA OF A SPECIAL MEETING
CITY COUNCIL OF THE CITY OF NATIONAL CITY
Main Conference Room
Civic Center
1243 National City Boulevard
National City, California
Special Meeting - Tuesday, December 17, 2019 — 5:00 p.m.
CITY COUNCIL
OPEN SESSION
CALL TO ORDER
ROLL CALL
1. Resolution of the City Council of the City of National City: (1) Finding a Public Works
Emergency that occurred on December 11, 2019 at Rachael Avenue resulting in a sink hole;
(2) ratifying the declaration, contracting per the emergency contracting procedure, and
appropriations of a not to exceed amount of $100,000 for emergency work to repair the
Racheal Avenue sink hole; and (3) ratifying the waiving of competitive bidding procedures
under emergency conditions consistent with Section 22050 "Emergency Contracting
Procedures" of the California Public Contract Code and Chapter 2.62 "Alternative Bid
Procedures for Public Projects," Section 2.62.070 "Emergencies" of the National City
Municipal Code. (Engineering/Public Works)
CLOSED SESSION
PUBLIC MAY COMMENT ON CLOSED SESSION AGENDA ITEMS.
2. Conference with Legal Counsel — Pending Litigation
Existing Litigation under Government Code Section 54956.9(d)(1)
Carlsbad Police Officers Association et. al. v. City of Carlsbad, et al.
SDSC Case No. 37-2019-00005450-CU-WM-CTL
3. Conference with Legal Counsel — Potential Litigation: Four Cases
Potential Litigation Pursuant to Governmental Code Section 54956.9(d)(2)
4. Conference with Labor Negotiators — Government Code Section 54957.6
Agency Designated Representatives: Eddie Kreisberg, Mark Roberts, Robert Hernandez,
Alfredo Ybarra, Robert Meteau and Lilia Munoz
Employee Organization: Firefighters' Association and Municipal Employee Association.
CLOSED SESSION REPORT: AT THE END OF REGULAR COUNCIL MEETING.
ADJOURNMENT
Next Regular City Council Meeting: Tuesday, December 17, 2019, 6:00 p.m., City Council
Chambers, Civic Center — National City, California.
73
85 of 264
Book 102 / Page 1
01-21-2020
DRAFT DRAFT DRAFT
MINUTES OF THE SPECIAL MEETING OF THE
CITY COUNCIL OF THE CITY OF NATIONAL CITY
January 21, 2020
The Special Meeting of the City Council of the City of National City was called to order at
5:04 p.m. by Mayor / Chairwoman Alejandra Sotelo-Solis.
ROLL CALL
Council / Board members present: Cano, Morrison, Quintero, Rios, Sotelo-Solis.
Administrative Officials present: Dalla, Meteau, Morris -Jones, Raulston, Winney.
CITY COUNCIL
OPEN SESSION
PUBLIC COMMENTS — None.
Members retired into Closed Session at 5:05 p.m.
CLOSED SESSION
1. Conference with Legal Counsel — Potential Litigation: Two Cases
Potential Litigation Pursuant to Governmental Code Section 54956.9(d)(2)
2. Conference with Legal Counsel — Pending Litigation
Existing Litigation under Government Code Section 54956.9(d)(1)
Carlsbad Police Officers Association et. al. v. City of Carlsbad, et al.
SDSC Case No. 37-2019-00005450-CU-WM-CTL
3. Conference with Legal Counsel — Pending Litigation
Existing Litigation under Government Code Section 54956.9(d)(1)
National City Puppy, LLC v. City of National City, et al
Case No. 37-2019-00049045—CU-CR-CTL
CLOSED SESSION REPORT: AT THE END OF REGULAR COUNCIL MEETING.
ADJOURNMENT
Next Regular City Council Meeting: Tuesday, January 21, 2020 - 6:00 p.m., City Council
Chambers, Civic Center — National City, California.
City Clerk
The foregoing minutes were approved at the Regular Meeting of February 18, 2020.
Mayor
74
86 of 264
Book 102 / Page 2
01-21-2020
DRAFT DRAFT DRAFT
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION —
HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY
January 21, 2020
The Regular Meeting of the City Council and Community Development
Commission — Housing Authority of the City of National City was called to order at
6:04 p.m. by Mayor / Chairwoman Alejandra Sotelo-Solis.
ROLL CALL
Council / Board members present: Cano, Morrison, Quintero, Rios, Sotelo-Solis.
Administrative Officials present: Aguirre, Dalla, Denham, Duong, Hernandez,
Meteau, Morris -Jones, Olson, Raulston, Roberts, Tellez, Vergara, Williams,
Winney, Yano.
Others present: City Treasurer Mitch Beauchamp.
PLEDGE OF ALLEGIANCE TO THE FLAG BY VICE MAYOR RIOS
ADJOURNMENT ANNOUNCEMENT
Mayor Sotelo-Solis read a short biography of Mr. John Baldessari, a National City
born artist of international fame and stature who recently passed away; introduced
Ms. Mary L. Beebe, a close friend of Mr. Baldessari who highlighted his many
accomplishments and recognitions in the world of art. Mr. Charles Reilly also
shared his sentiments in regards to Mr. Baldessari. A Certificate in Memory was
presented and the Mayor announced that the meeting would be adjourned in his
honor.
PUBLIC COMMENTS
Danny Serrano, Environmental Health Coalition (EHC) Campaign Director,
introduced himself and extended an invitation to meet with staff.
Kathleen Lippitt spoke on behalf of sound public health policies; asked that
consideration be given for a ban against flavored tobacco vape products and
shared excerpts from articles regarding vaping use and health risks.
Sunshine Horton shared news of family members who have recently passed away
and shared her health problems. She spoke on the importance of treating people
equally and learning to getting along.
Brian Clapper, National City, clarified for the record that he signed the arguments
against Ballot Measure "J", regarding pet sales as a community member only and
not in any other capacity.
PROCLAMATIONS AND CERTIFICATES
PROCLAMATION AND CERTIFICATE ADMIN (102-2-1)
1. National City Recognizes Robert Hernandez Sr.
75
87 of 264
Book 102 / Page 3
01-21-2020
PROCLAMATIONS AND CERTIFICATES (cont.)
AWARDS AND RECOGNITIONS
AWARDS & RECOGNITIONS 2020 (102-10-15)
2. Introduction of New Employee - Tony Winney, Assistant City Manager.
(City Manager)
AWARDS & RECOGNITIONS 2020 (102-10-15)
3. National City Congratulates 2018 Student Council Representative Danielle
Cruz.
ACTION: In recognition of her service as Student Council Representative,
and to assist in achieving her educational goals, Ms. Cruz was presented
with a check for the purchase of a computer, by Christine Moore - Executive
Director, External Affairs, AT&T.
AWARDS & RECOGNITIONS 2020 (102-10-15)
4. Institute of Transportation Engineers (ITE) San Diego Chapter "2019 Public
Agency of the Year Award". (Engineering/Public Works)
PRESENTATIONS
COUNCIL MEETING PRESENTATIONS 2020 (102-10-15)
5. California's 2020 Housing Laws. (Carlos Aguirre, Director of the National
City Housing Authority and Myra Martinez, San Diego State University
Master's Program Intern) Presentation material is on file in the Office of the
City Clerk.
INTERVIEWS / APPOINTMENTS
BOARDS & COMMISSIONS ADMIN (101-1-1)
6. Interviews and Appointments: Various City Boards and Commissions and
Regional Boards and Committees. (City Clerk)
RECOMMENDATION: Interview and appoint as desired.
TESTIMONY: Ricardo Sanchez and Christine Stein appeared for
interview.
ACTION: Motion by Sotelo-Solis, seconded by Cano, to appoint
Ricardo Sanchez to the Traffic Safety Committee. Carried by
unanimous vote.
Motion by Sotelo-Solis, seconded by Cano, to appoint Christine Stein
to the Community and Police Relations Commission (CPRC).
Carried by unanimous vote.
Motion by Sotelo-Solis, seconded by Cano, to appoint Member
Morrison as Primary, and Member Cano as Alternate, to the Metro
Wastewater JPA. Carried by unanimous vote.
76
88 of 264
Book 102 / Page 4
01-21-2020
INTERVIEWS / APPOINTMENTS (cont.)
BOARDS & COMMISSIONS ADMIN (101-1-1)
6. Interviews and Appointments (continued).
ACTION (cont.): Motion by Sotelo-Solis, seconded by Cano, to
appoint Member Morrison as Primary, and Member Quintero as
Alternate, to the Shoreline Preservation Working Group. Carried by
unanimous vote.
Motion by Sotelo-Solis, seconded by Cano, to appoint Member
Morrison as Primary, and Member Cano as Alternate, to the
Regional Solid Waste Authority. Carried by unanimous vote.
Motion by Sotelo-Solis, seconded by Cano, to appoint Vice Mayor
Rios to the San Diego County Water Authority. Carried by the
following vote, to -wit: Ayes: Cano, Quintero, Rios, Sotelo-Solis.
Nays: Morrison. Abstain: None. Absent: None.
REGIONAL BOARDS AND COMMITTEE REPORTS
There were no reports.
CITY COUNCIL
CONSENT CALENDAR
ADOPTION OF CONSENT CALENDAR. Item No. 7 (NCMC), Item No. 8
(Minutes), Item Nos. 9 through 16 (Resolution No. 2020-1 through 2020-8), Item
Nos. 17 and 20 (Warrant Registers). Motion by Cano, seconded by Rios, to
approve the Consent Calendar. Carried by unanimous vote.
MUNICIPAL CODE 2020 (506-2-35)
7. MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
APPROVING THE WAIVING OF THE READING OF THE TEXT OF THE
ORDINANCES CONSIDERED AT THIS MEETING AND PROVIDING
THAT SUCH ORDINANCES SHALL BE INTRODUCED AND/OR
ADOPTED AFTER A READING OF THE TITLE ONLY. (City Clerk)
ACTION: Approved. See above.
GENERAL ADMIN (103-2-1)
8. APPROVAL OF THE MINUTES OF THE REGULAR MEETINGS OF THE
CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION -
HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF MAY 21,
2019, JUNE 18, 2019, AUGUST 20, 2019 AND THE ADJOURNED
REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY
DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY
OF NATIONAL CITY OF AUGUST 6, 2019 AND THE SPECIAL
MEETINGS OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
OF AUGUST 6, 2019, AUGUST 20, 2019 AND DECEMBER 17, 2019.
(City Clerk)
ACTION: Approved. See above.
77
89 of 264
Book 102 / Page 5
01-21-2020
CONSENT CALENDAR (cont.)
GRANT / LIBRARY (206-4-10)
BLOCK GRANT PROGRAM ADMIN 2019-2020 (406-1-34)
9. Resolution No. 2020-1. RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY RATIFYING THE ACCEPTANCE OF AN
AUGMENTATION TO THE CALIFORNIA LIBRARY LITERACY SERVICES
(CLLS) GRANT IN THE AMOUNT OF $28,880 FOR THE NATIONAL CITY
LIBRARY'S FISCAL YEAR 2019-2020 LITERACY PROGRAM,
INCREASING THE TOTAL GRANT AMOUNT FROM $18,000 TO $46,880;
AND AUTHORIZING THE ESTABLISHMENT OF LIBRARY GRANTS
FUND APPROPRIATIONS AND A CORRESPONDING REVENUE
BUDGET. (Library)
ACTION: Adopted. See above.
CONTRACT (C2020-2)
10. Resolution No. 2020-2. RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY: 1) APPROVING THE AGREEMENT BETWEEN
THE NATIONAL CITY PUBLIC LIBRARY AND THE REGENTS OF THE
UNIVERSITY OF CALIFORNIA ON BEHALF OF CALIFORNIA RIVERSIDE
CENTER FOR BIBLIOGRAPHIC STUDIES, UNIVERSITY OF
CALIFORNIA RIVERSIDE TO DIGITIZE 209 REELS OF NEWSPAPERS
ON MICROFILM IN THE AMOUNT NOT -TO -EXCEED $59,468; 2)
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT;
3) ACCEPTING A DONATION FROM THE FRIENDS OF THE NATIONAL
CITY PUBLIC LIBRARY IN THE AMOUNT OF $59,468 TO DEFRAY THE
COST OF DIGITIZATION; AND 4) AUTHORIZING THE ESTABLISHMENT
OF A LIBRARY DONATION FUND APPROPRIATION OF $59,468 AND
CORRESPONDING REVENUE ACCOUNT. (Library)
ACTION: Adopted. See above.
PARKING & TRAFFIC CONTROL ADMIN 2020 (801-2-42)
11. Resolution No. 2020-3. RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF 20
FEET OF PARALLEL 15-MINUTE PARKING LOCATED ADJACENT TO
811 "K" AVENUE, IN FRONT OF THE FUTURE VONS CHICKEN TO
INCREASE PARKING TURNOVER FOR CUSTOMERS (TSC No.
2019-16). (Engineering/Public Works)
ACTION: Adopted. See above.
CONTRACT (C2020-3)
12. Resolution No. 2020-4. RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY: 1) AWARDING A CONTRACT TO NEXT
STAGE ENGINEERING IN THE NOT -TO -EXCEED AMOUNT OF $401,800
FOR THE CITY HALL CEILING REPLACEMENT PROJECT, CIP NO. 19-
53; 2) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF
$60,270 FOR ANY UNFORESEEN CHANGES; AND 3) AUTHORIZING
THE MAYOR TO EXECUTE THE CONTRACT. (Engineering/Public Works)
ACTION: Adopted. See above.
78
90 of 264
Book 102 / Page 6
01-21-2020
CONSENT CALENDAR (cont.)
CONTRACT (C2016-58)
13. Resolution No. 2020-5. RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE
THE FIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN
THE CITY OF NATIONAL CITY AND FINANCIAL CREDIT NETWORK,
INC. FOR COLLECTION SERVICES, EXTENDING THE AGREEMENT TO
JUNE 30, 2020. (Finance)
ACTION: Adopted. See above.
CONTRACT (C2011-56)
14. Resolution No. 2020-6. RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE
THE FIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN
THE CITY OF NATIONAL CITY AND CHANDLER ASSET MANAGEMENT,
INC. FOR INVESTMENT MANAGEMENT AND INVESTMENT ADVISORY
SERVICES, EXTENDING THE AGREEMENT TO NOVEMBER 15, 2020.
(Finance)
ACTION: Adopted. See above.
CONTRACT (C2017-4)
15. Resolution No. 2020-7. RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE
THE FIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN
THE CITY OF NATIONAL CITY AND NHA ADVISORS, LLC FOR
MUNICIPAL ADVISORY SERVICES, EXTENDING THE AGREEMENT TO
DECEMBER 31, 2020. (Finance)
ACTION: Adopted. See above.
CONTRACT (C2018-15)
16. Resolution No. 2020-8. RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY FOR APPROVING THE AGREEMENT
BETWEEN THE CITY OF NATIONAL CITY AND MEYERS NAVE,
RIBACK, SILVER & WILSON, A PROFESSIONAL LAW CORPORATION
FOR LEGAL SERVICES IN THE SPECIALIZED AREA OF LABOR LAW
FOR THE NOT TO EXCEED AMOUNT OF A TOTAL OF $75,000.
(Human Resources)
ACTION: Adopted. See above.
WARRANT REGISTER JULY 2019 - JUNE 2020 (202-1-34)
17. Warrant Register #21 for the period of 11/13/19 through 11/19/19 in the
amount of $1,892,398.29. (Finance)
ACTION: Ratified. See above.
79
91 of 264
Book 102 / Page 7
01-21-2020
CONSENT CALENDAR (cont.)
WARRANT REGISTER JULY 2019 - JUNE 2020 (202-1-34)
18. Warrant Register #22 for the period of 11/20/19 through 11/26/19 in the
amount of $1,320,908.45. (Finance)
ACTION: Ratified. See above.
WARRANT REGISTER JULY 2019 - JUNE 2020 (202-1-34)
19. Warrant Register #23 for the period of 11/27/19 through 12/03/19 in the
amount of $4,742,397.26. (Finance)
ACTION: Ratified. See above.
WARRANT REGISTER JULY 2019 - JUNE 2020 (202-1-34)
20. Warrant Register #24 for the period of 12/04/19 through 12/10/19 in the
amount of $600,218.10. (Finance)
ACTION: Ratified. See above.
PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS
MUNICIPAL CODE 2020 (506-2-35)
21. Ordinance No. 2020-2478 PUBLIC HEARING AND ADOPTION OF AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AMENDING SECTION 18.29.070 (FLOODWAY (-FW), FLOODWAY
FRINGE (-FF-1), AND FLOODWAY FRINGE -SHALLOW FLOODING
(-FF-2) ZONES) OF TITLE 18 (ZONING) OF THE NATIONAL CITY
MUNICIPAL CODE. (Applicant: City -Initiated) (Case File 2019-24 A)
(Planning)
RECOMMENDATION: Adopt the Ordinance.
TESTIMONY: None.
ACTION: Motion by Rios, seconded by Cano, to close the Public
Hearing. Carried by unanimous vote.
Motion by Rios, seconded by Cano, to adopt the Ordinance. Carried
by unanimous vote.
NON CONSENT RESOLUTIONS
ELECTION MAR 2020 CLERK AND TREASURER / PET SALES REFERENDUM
(505-7-13)
22. Resolution No. 2020-9. RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY AUTHORIZING AN APPROPRIATION IN THE
AMOUNT OF $90,000 TO THE GENERAL FUND CITY CLERK
ELECTIONS ACCOUNT FROM THE GENERAL FUND FUND BALANCE
FOR ELECTION COSTS ASSOCIATED WITH THE CITY COUNCIL
INITIATED BALLOT MEASURE REGARDING APPOINTMENT OF THE
CITY CLERK AND CITY TREASURER, AND THE VOTER REFERENDUM
MEASURE REGARDING PET STORE SALES WHICH ARE BOTH GOING
BEFORE THE VOTERS AT THE MARCH 3, 2020 SPECIAL ELECTION.
(City Clerk)
80
92 of 264
Book 102 / Page 8
01-21-2020
NON CONSENT RESOLUTIONS (cont.)
ELECTION MAR 2020 CLERK AND TREASURER / PET SALES REFERENDUM
(505-7-13)
22. Resolution No. 2020-9 (continued).
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Rios, seconded by Cano, to adopt the
Resolution. Carried by unanimous vote.
CONTRACT (C2020-4)
23. Resolution No. 2020-10. RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY: 1) AWARDING A CONTRACT TO PORTILLO
CONCRETE INC. IN THE NOT -TO -EXCEED AMOUNT OF $1,040,000.00
FOR THE PALM AVENUE ROAD REHABILITATION PROJECT, CIP NO.
19-05; 2) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF
$156,000.00 FOR ANY UNFORESEEN CHANGES; AND 3)
AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT.
(Engineering/Public Works)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Cano, seconded by Rios, to adopt the
Resolution. Carried by unanimous vote.
CONTRACT (C2010-69)
24. Resolution No. 2020-11. RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY: 1) AUTHORIZING THE MAYOR TO EXECUTE
A THREE-YEAR AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES,
INC. FOR A NOT -TO -EXCEED AMOUNT OF $2,000,000 TO PROVIDE
ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S
CAPITAL IMPROVEMENT PROGRAM (CIP), INCLUDING, BUT NOT
LIMITED TO, PROJECT MANAGEMENT; CIVIL ENGINEERING; TRAFFIC
ENGINEERING; TRANSPORTATION PLANNING; PLAN REVIEWS;
CONSTRUCTION SUPPORT, CONSTRUCTABILITY REVIEWS; LONG-
RANGE PLANNING; GRANTS MANAGEMENT; COMMUNITY
OUTREACH AND COMMUNICATIONS; AND 2) AUTHORIZING THE CITY
MANAGER TO EXECUTE ANY PROJECT -SPECIFIC SUPPLEMENTAL
AGREEMENTS, AS MAY BE REQUIRED FOR GRANT FUNDED
PROJECTS. (Engineering/Public Works)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Cano, seconded by Rios, to adopt the
Resolution. Carried by unanimous vote.
81
93 of 264
Book 102 / Page 9
01-21-2020
NON CONSENT RESOLUTIONS (cont.)
CONTRACT (C2020-5)
25. Resolution No. 2020-12. RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A
NON -BINDING LETTER OF INTENT (LOI) BETWEEN THE CITY OF
NATIONAL CITY AND UC SAN DIEGO EXTENSION EDUCATIONAL AND
COMMUNITY OUTREACH DEPARTMENT TO PROMOTE ACCESS
TO EDUCATIONAL AND CAREER DEVELOPMENT OPPORTUNITIES
THROUGH A HEALTH, EDUCATION, AND WORKPLACE
DEVELOPMENT HUB. (City Manager)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Cano, to adopt the
Resolution. Carried by unanimous vote.
COUNCIL POLICY ADMIN (102-13-1)
26. City Council Policy #802 City Support for Special Events for review and
discussion of proposed Policy update to the City Council Policy Manual.
(Chapter 800) (Neighborhood Services)
RECOMMENDATION: Review proposed policy revisions for Policy #802. A
supporting Resolution will be brought forward to Council at a subsequent
Council meeting for adoption of said chapter with final revisions.
TESTIMONY: Joan Rincon, National City, spoke in opposition to the
Brew and Spirits Festival and issues with other City sponsored
events.
ACTION: Motion by Rios, seconded by Quintero, to approve Staff
Recommendations and bring back a Resolution. Carried by the
following vote, to -wit: Ayes: Cano, Quintero, Rios, Sotelo-Solis.
Nays: Morrison. Abstain: None. Absent: None.
B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY
There were no CDC -HA items.
C. REPORTS
STAFF REPORTS
ENGINEERING / PUBLIC WORKS DEPT - GRANTS / REPORTS ADMIN
(1104-1-1)
27. On -Call Contract Awards Summary. (Engineering/Public Works)
BUDGET FY 2020-2021 (206-1-36)
28. City of National City's Fiscal Year 2021 budget priorities. (Finance)
82
94 of 264
Book 102 / Page 10
01-21-2020
STAFF REPORTS (cont.)
City Manager Brad Raulston said that the Fire and Police promotional ceremony
was a success; he acknowledged Police Chief Tellez's birthday and spoke in
appreciation of his service and work ethic.
MAYOR, CITY COUNCIL, AND OTHER ELECTED OFFICIALS
CITY COUNCIL ADMIN (102-16-1)
29. Discussion on use of volunteers by City Council. (City Manager)
TESTIMONY: Zachary Gomez, National City, suggested
implementing apprenticeship or internship volunteer positions.
ACTION: Motion by Rios, seconded by Quintero, to come back with
draft Policy No. 603 reinstating Item No. 3 under the Volunteers
section to add language regarding name tags. Carried by the
following vote, to -wit: Ayes: Quintero, Rios, Sotelo-Solis. Nays:
Cano, Morrison. Abstain: None. Absent: None.
City Treasurer Mitch Beauchamp acknowledged Mayor Sotelo-Solis on how she
handled her personal experience with skin cancer and thanked her as he shared
that he had a similar experience.
Member Morrison (mic was not on for first part of comments) thanked staff who
worked during the holiday break.
Member Quintero said that it would be wise not to get politically fatigued and
caught up in national political agendas and realize what's important on the local
level.
Member Cano thanked staff for their work and welcomed Assistant City Manager
Tony Winney. He extended a challenge to Mayor Sotelo-Solis to conduct an event
at Kimball Park in conjunction with Sweetwater High School's 100-year
anniversary.
Vice Mayor Rios applauded Mayor Sotelo-Solis for her role as Vice Chair for MTS;
and she shared highlights of events she attended.
Mayor Sotelo-Solis announced that it is youth sport recruiting season and it is the
time to register; she thanked Police Chief Tellez and Fire Chief Parra for their work
and spoke on the success of the joint promotional ceremony. Mayor Sotelo-Solis
addressed the importance of networking, diversity, and educational opportunities.
She announced that March 5th will be the State of the City Address for her 1-year,
100-days in office.
83
95 of 264
Book 102 / Page 11
01-21-2020
CLOSED SESSION REPORT
30. Closed Session Agenda held at a Special Meeting at 5:00 pm.
(City Attorney)
REPORT: City Attorney Angil Morris -Jones reported that Item Nos. 1 and 3
were information only. In regards to Item No. 2, staff was given direction
and authority, with a 5-0 vote. (See attached Exhibit `L')
ADJOURNMENT
The meeting was adjourned in honor and memory of Mr. John Baldessari.
Motion by Rios, seconded by Morrison, 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 4, 2020 - 6:00 p.m. -
Council Chambers - National City, California. Carried by unanimous vote.
The meeting closed at 8:12 p.m.
City Clerk
The foregoing minutes were approved at the Regular Meeting of February 18,
2020.
Mayor
84
96 of 264
EXHIBIT `L'
L
CALIFORNIA
NATION LCity
_ INCORpORATF..
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 21, 2020 — 5:00 p.m.
CITY COUNCIL
OPEN SESSION
CALL TO ORDER
CLOSED SESSION
PUBLIC MAY COMMENT ON CLOSED SESSION AGENDA ITEMS.
1. Conference with Legal Counsel — Potential Litigation: Two Cases
Potential Litigation Pursuant to Governmental Code Section 54956.9(d)(2)
2. Conference with Legal Counsel — Pending Litigation
Existing Litigation under Government Code Section 54956.9(d)(1)
Carlsbad Police Officers Association et. al. v. City of Carlsbad, et. al.
SDSC Case No. 37-2019-00005450-CU-WM-CTL
3. Conference with Legal Counsel— Pending Litigation
Existing Litigation under Government Code Section 54956.9(d)(1)
National City Puppy, LLC v. City of National City, et al
Case No. 37-2019-00049045-CU-CR-CTL
CLOSED SESSION REPORT: AT THE END OF REGULAR COUNCIL MEETING.
ADJOURNMENT
Next Regular City Council Meeting: Tuesday, January 21, 2020, 6:00 p.m., City Council
Chambers, Civic Center — National City, California.
85
97 of 264
CC/CDC-HA Agenda
2/18/2020 — Page 98
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City approving a First Amendment to the Agreement
with West Coast Arborists, Inc. for grant coordination services for a CAL FIRE Urban
and Community Forestry Grant awarded to the City of National City, extending the term
of the Agreement to March 30, 2021, and authorizing the Mayor to execute the
Amendment. (Engineering/Public Works)
Please scroll down to view the backup material.
98 of 264
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: February 18, 2020
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City approving a First Amendment to the Agreement with
West Coast Arborists, Inc. for grant coordination services for a CAL FIRE Urban and Community Forestry Grant
awarded to the City of National City, extending the term of the Agreement to March 30, 2021, and authorizing
the Mayor to execute the Amendment.
PREPARED BY: Carla Hutchinson, Assistant Engineer- Civil C.AV,DEPARTMENT: Engineering/Public Works
PHONE: 619-336-4388
EXPLANATION:
On April 16, 2019, per City Council Resolution No. 2019-40, the City of National City entered into an Agreement
with West Coast Arborists, Inc. (WCA) to provide grant coordination services in an amount not to exceed
$196,000, funded by a CAL FIRE Urban and Community Forestry Grant. The Agreement with WCA is set to
expire on March 1, 2020. Since CAL FIRE recently granted the City a one-year grant extension to March 30,
2021, staff desires to extend the term of the Agreement with WCA to allow them to continue providing grant
coordination services to support City staff with project delivery.
APPROVED BY:
7
FINANCIAL STATEMENT:
ACCOUNT NO.
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adopt resolution executing a First Amendment to the Agreement with West Coast Arborists, Inc. for grant
coordination services for a CAL FIRE Urban and Community Forestry Grant awarded to the City of National City.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Explanation
2. First Amendment to Agreement
3. Resolution
99 of 264
FIRST AMENDMENT TO THE AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
WEST COAST ARBORISTS, INC.
THIS FIRST AMENDMENT TO THE AGREEMENT, is entered into this 18th day of
February, 2020, by and between the CITY OF NATIONAL CITY, a municipal corporation
("CITY"), and WEST COAST ARBORISTS, INC., a California corporation (the
"CONSULTANT").
RECITALS
WHEREAS, on April 16, 2019, the City Council adopted Resolution No, 2019-40
entering into an Agreement with WEST COAST ARBORISTS, INC. ("the Agreement") wherein
the CONSULTANT agreed to provide grant coordination services, including providing volunteer
group workshop training, tree and site selection processing, funded by a CAL FIRE Urban and
Community Forestry Grant.
WHEREAS, the original Agreement had a not -to -exceed amount of $196,000 and an
expiration date of March 1, 2020.
WIEREAS, the parties desire to amend the Agreement to extend the term of the
Agreement to March 30, 2021.
NOW, THEREFORE, the parties hereto agree that the Agreement entered into on April
16, 2019, shall be amended to extend the term of the Agreement to March 30, 2021, with no
changes to the contract amount.
The parties further agree that with the foregoing exception, each and every term and
provision of the Agreement dated April 16, 2019, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the
Agreement on the date and year first above written.
[Signature Page to Follow]
100 of 264
CITY OF NATIONAL CITY
By:
Alejandra Sotelo-Solis, Mayor
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney
WEST COAST ARBORISTS, INC.
(Corporation — signatures of two corporate officers)
By:
(Name)
(Print)
(Title)
By:
(Name)
(Print)
(Title)
101 of 264
CC/CDC-HA Agenda
2/18/2020 — Page 102
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City approving a First Amendment to the Agreement
with West Coast Arborists, Inc. for tree planting services for a CAL FIRE Urban and
Community Forestry Grant awarded to the City of National City, extending the term of
the Agreement to March 30, 2021, and authorizing the Mayor to execute the Amendment.
(Engineering/Public Works)
Please scroll down to view the backup material.
102 of 264
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: February 18, 2020
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City approving a First Amendment to the Agreement with
West Coast Arborists, Inc. for tree planting services for a CAL FIRE Urban and Community Forestry Grant
awarded to the City of National City, extending the term of the Agreement to March 30, 2021, and authorizing
the Mayor to execute the Amendment.
PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil CA DEPARTMENT: Engineering/Pu•Iic Works
PHONE: 619-336-4388 APPROVED BY:
EXPLANATION:
On May 15, 2018, per City Council Resolution No. 2018-72, the City of National City entered into an Agreement
with West Coast Arborists, Inc. (WCA) to provide tree planting services in an amount not to exceed $297,500,
funded by a CAL FIRE Urban and Community Forestry Grant. The Agreement with WCA is set to expire on
March 1, 2020. Since CAL FIRE recently granted the City a one-year grant extension to March 30, 2021, staff
desires to extend the term of the Agreement with WCA to allow them to continue providing tree planting services
to support City staff with project delivery.
FINANCIAL STATEMENT:
ACCOUNT NO.
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adopt resolution executing a First Amendment to the Agreement with West Coast Arborists, Inc. for tree planting
services for a CAL FIRE Urban and Community Forestry Grant awarded to the City of National City.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Explanation
2. First Amendment to Agreement
3_ Resolution
103 of 2641
FIRST AMENDMENT TO THE AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
WEST COAST ARBORISTS, INC.
THIS FIRST AMENDMENT TO THE AGREEMENT, is entered into this 18th day of
February, 2020, by and between the CITY OF NATIONAL CITY, a municipal corporation
("CITY"), and WEST COAST ARBORISTS, INC., a California corporation (the
"CONSULTANT").
RECITALS
WHEREAS, on May 15, 2018, the City Council adopted Resolution No. 2018-72
entering into an Agreement with WEST COAST ARBORISTS, INC, ("the Agreement") wherein
the CONSULTANT agreed to provide tree planting services, funded by a CAL FIRE Urban and
Community Forestry Grant, to help in reducing greenhouse gases.
WHEREAS, the original Agreement had a not -to -exceed amount of $297,500 and an
expiration date of March 1, 2020.
WHEREAS, the parties desire to amend the Agreement to extend the term of the
Agreement to March 30, 2021.
NOW, THEREFORE, the parties hereto agree that the Agreement entered into on May
15, 2018, shall be amended to extend the term of the Agreement to March 30, 2021, with no
changes to the contract amount.
The parties further agree that with the foregoing exception, each and every term and
provision of the Agreement dated May 15, 2018, shall remain in full force and effect.
IN WITNESS WIIEREOF, the parties hereto have executed this First Amendment to the
Agreement on the date and year first above written.
[Signature Page to Follow]
104 of 264
CITY OF NATIONAL CITY
By:
Alejandra Sotelo-Solis, Mayor
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney
WEST COAST ARBORISTS, INC.
(Corporation — signatures of two corporate officers)
By:
(Name)
(Print)
(Title)
By:
(Name)
(Print)
(Title)
105 of 264
CC/CDC-HA Agenda
2/18/2020 — Page 106
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City approving a First Amendment to the Agreement
with Geosyntec Consultants, Inc. to provide on -call project support services for National
City's Capital Improvement Program (CIP), including, but not limited to, environmental
engineering, site assessments, characterization and remediation, groundwater monitoring
and reporting, and preparation of environmental studies in accordance with the National
Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA),
extending the term of the Agreement one year to December 4, 2020, and authorizing the
Mayor to execute the Amendment. (Engineering/Public Works)
Please scroll down to view the backup material.
106 of 264
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: February 18, 2020
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City approving a First Amendment to the Agreement with
Geosyntec Consultants, Inc. to provide on -call project support services for National City's Capital Improvement
Program (CIP), including, but not limited to, environmental engineering, site assessments, characterization and
remediation, groundwater monitoring and reporting, and preparation of environmental studies in accordance with
the National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA), extending the
term of the Agreement one year to December 4, 2020, and authorizing the Mayor to execute the Amendment.
PREPARED BY: Tirza Gonzales, Executive Secretary( DEPARTMENT: Engineering/Public Works
PHONE: 619-336-4318 (v APPROVED BY: >��
EXPLANATION:
On December 5, 2017, per City Council Resolution No. 2017-231, the City of National City entered into an
Agreement with Geosyntec Consultants, Inc. to provide environmental support services for National City's CIP in
an amount not to exceed $500,000. Based on their performance, quality of work, and on -going need for
specialized environmental support services, staff desires to extend the term of the Agreement with Geosyntec
Consultants, Inc. one year to December 4, 2020.
FINANCIAL STATEMENT:
ACCOUNT NO.
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adopt resolution executing a First Amendment to the Agreement with Geosyntec Consultants, Inc. to provide
environmental support services for National City's CIP.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Explanation
2. First Amendment to Agreement
3. Resolution
IU/ U1L1741
FIRST AMENDMENT TO THE AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
GEOSYNTEC CONSULTANTS, INC.
THIS FIRST AMENDMENT TO THE AGREEMENT, is entered into this 18th day of
February, 2020, by and between the CITY OF NATIONAL CITY, a municipal corporation
("CITY"), and GEOSYNTEC CONSULTANTS, INC., a corporation (the "CONSULTANT").
RECITALS
WHEREAS, on December 5, 2017, the City Council adopted Resolution No. 2017-231
entering into an Agreement with GEOSYNTEC CONSULTANTS, INC. ("the Agreement")
wherein the CONSULTANT agreed to provide on -call project support services for National
City's Capital Improvement Program (CIP), including, but not limited to, environmental
engineering, site assessments, characterization and remediation, groundwater monitoring and
reporting, and preparation of environmental studies in accordance with the National
Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA).
WHEREAS, the original 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.
WHEREAS, the parties desire to amend the Agreement to extend the term of the
Agreement one year to December 4, 2020,
NOW, THEREFORE, the parties hereto agree that the Agreement entered into on
December 5, 2017, shall be amended to extend the term of the Agreement one year to December
4, 2020, with no changes to the contract amount.
The parties further agree that with the foregoing exception, each and every term and
provision of the Agreement dated December 5, 2017, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the
Agreement on the date and year first above written.
[Signature Page to Follow]
108 of 264
CITY OF NATIONAL CITY
By:
Alejandra Sotelo-Solis, Mayor
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney
GEOSYNTEC CONSULTANTS, INC.
(Corporation —signatures of two corporate officers)
By:
By:
109 of 264
CC/CDC-HA Agenda
2/18/2020 — Page 110
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City waiving the formal bid process pursuant to
National City Municipal Code Section 2.60.260 regarding cooperative purchasing and
authorizing the Mayor to execute an Agreement with West Coast Arborists, Inc. for
specialized tree trimming, removal, and planting services, effective November 1, 2019
through January 7, 2022, for an amount not to exceed $90,000 by piggybacking onto the
City of Encinitas' Urban Forestry Maintenance Services Contract. (Engineering/Public
Works)
Please scroll down to view the backup material.
110 of 264
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: February 18, 2020
AGENDA ITEM NO.:
ITEM TITLE:
Resolution of the City Council of the City of National City waiving the formal bid process pursuant to
National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the
Mayor to execute an Agreement with West Coast Arborists, Inc. for specialized tree trimming, removal,
and planting services, effective November 1, 2019 through January 7, 2022, for an amount not to
exceed $90,000 by piggybacking onto the City of Encinitas' Urban Forestry Maintenance Services
Contract.
PREPARED BY: Tirza Gonzales, Executive Secretary \ /)DEPARTMENT: Engineering and Public Works
PHONE: 619-336-4318 APPROVED BY:
EXPLANATION:
See attached.
FINANCIAL STATEMENT: APPROVED: FINANCE
ACCOUNT NO. APPROVED: MIS
105-416-227-299-0000 (Parks Maintenance Contract Services) - $90,000
Funds previously appropriated by City Council through adoption of the FY 2020 annual budget.
ENVIRONMENTAL REVIEW:
This is not a project and, therefore, not subject to environmental review.
ORDINANCE: INTRODUCTION ❑ FINAL ADOPTION
STAFF RECOMMENDATION:
Adopt Resolution authorizing the Mayor to execute an Agreement with West Coast Arborists, Inc., for specialized
tree trimming, removal, and planting services for an amount not to exceed $90,000 by piggybacking onto the City
of Encinitas' Urban Forestry Maintenance Services Contract.
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
1. Explanation
2. City of Encinitas Urban Forestry Maintenance Services contract
3. Service Agreement
4. Resolution
111 of26
4
EXPLANATION
On December 19, 2017, per City Council Resolution No. 2017-239, the City of National
City entered into an Agreement with West Coast Arborists, Inc. (WCA), a highly
qualified and reputable contractor in the field of urban forestry, to provide assistance to
the City's Park Maintenance staff with addressing the growing backlog of tree trimming
requests for service. In conjunction with implementation of a grid -based tree trimming
program, WCA proved to be effective in assisting City crews with clearing the backlog,
which allowed City crews to focus on maintaining their tree trimming schedule.
The grid program provides a systematic approach to ensuring that trees citywide
receive regular maintenance in a manner that maximizes staff efficiency, while providing
a consistent schedule for the general public. While the grid program has proven to be
effective, emergency and specialized work (i.e. stump grinding, tree removals, trimming
large palm trees, etc.) continues to place high demands on staff and often involves
specialized skills and equipment beyond the City's resources. WCA has proven to be a
valuable asset by providing specialized services in a timely manner. As part of the FY
2020 annual budget, City Council adopted the maintenance and operating budget for
Public Works Parks Division, which includes $90,000 for contract tree trimming support
services.
National City Municipal Code (NCMC) Section 2,60.260 provides authority to the
purchasing agent to join with other public jurisdictions to take advantage of cooperative
purchasing opportunities, including but not limited to any federal, state or local agency
pricing program or structure that is determined by the purchasing agent to allow a
procurement that is in the best interests of the City. The purchasing agent may buy
directly from a vendor at a price established through competitive bidding by another
public agency whose procedures have been determined by the purchasing agent to be
in substantial compliance with the City's procurement procedures, irrespective of the
contracting limits of that jurisdiction or agency, even if the City had not initially joined
with that public agency in the cooperative purchase.
National City's Purchasing staff has confirmed that the City of Encinitas' Urban Forestry
Maintenance Services contract with WCA was competitively bid through an RFP
process, and that the City of Encinitas' procurement procedures are in substantial
compliance with those of the City of National City. On January 1, 2018, the City of
Encinitas entered into a four year agreement with WCA for Urban Forest Maintenance
Services, which expires on January 7, 2022. The contract may be extended with a total
of two separate, three-year options.
Staff requests that City Council waive the formal bid process pursuant to National City
Municipal Code Section 2.60.260 regarding cooperative purchasing and authorize the
Mayor to execute a new Agreement with West Coast Arborists, Inc., for specialized tree
trimming, removal, and planting services, effective November 1, 2019 through January
7, 2022, for an amount not to exceed $90,000 by piggybacking onto the City of
Encinitas' Urban Forestry Maintenance Services Contract.
112 of 264
AGREEMENT FOR GENERAL SERVICES BETWEEN
THE CITY OF ENCINITAS AND WEST COASTARBORISTS, 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 Arborlsts, Inc. hereinafter referred to
as "Contractor".
RECITALS
City requires Contractor to perform its scope of work generally described as:
The requirement of this Contract is to provide professional Urban Forestry Maintenance Services as
conditioned in RFP No. 2017-06; for planting, pruning, trimming, staking, raising, removal, disposal,
stump grinding and chipping, inventorying, documenting and all other services required to maintain the
City of Encinitas trees in a safe, attractive and overall healthy condition.
Contractor represents itself as possessing the necessary skills and qualifications to maintain
the public works project required by City and possessing all required Licenses and certifications;
NOW TREFiEFORE, in consideration of these recitals and the mutual covenants contained
herein, City and Contractor agree as follows:
1.0 Contract Documents
1.1 The Contract Documents shall be deemed to be this Agreement, the Request for
Proposal and Contractor's submission, all documents attached and specifically referenced herein.
2.0 Contractor's Obligations (Attachment A)
2.1 Contractor shall perform its scope of work that is described in Attachment "A",
which is attached hereto and incorporated herein as though fully set forth at length.
2.2 Contractor shall, at its own cost and expense, in a competent manner consistent with
all applicable standards of care, furnish all labor, inspection, technical, administrative, professional
and other personnel, all supplies and materials, equipment, tools, printing, vehicles, transportation,
office space and facilities, and all tests, testing and analyses, calculations, and all other means and
methods whatsoever, except as herein otherwise expressly specified to be furnished by City,
necessary or proper to perform and complete the scope of work and provide the services required by
this Agreement.
2.3 Contractor is hired to render those services necessary to perform the Scope of Work
In a professional manner, and any payments made to Contractor are compensation fully for those
services.
2.4 Contractor shall maintain throughout the full term of this Agreement all professional
certifications and licenses required in order to comply with all city, state, and federal laws in the
performance of this Agreement.
Urban Forest Maintenance Services
RFP 2017-06
1 October 5, 2017
113 of 264
2,5 For the services to be performed, Contractor shall pay wages to Contractor's
employees according to the current "General Prevailing Wage Rates" issued by the Director of the
Department of industrial Relations of the State of California and pursuant to California Labor Code
Part 7, Chapter 1, Article 2, Sections 1770, 1771, 1773, 1773.1. Contractor shall follow all prevailing
wage reporting required by law and the State Department of Industrial Relations (DIR).
3.0 Extra Work
3,1 Contractor, in providing the services as set forth herein, shall not perform work and
will not be paid for work In excess of the Agreement amount without first obtaining a fully executed
written Change Order from City or its authorized designated representative. All requests for extra
work shall be made in writing and submitted to City.
4.0 Payment For Services (Attachment B).
4.1 Contractor's payment for services, including fee schedule or other terms of
compensation, is attached hereto as Attachment "B" and incorporated herein by this reference.
4.2 City agrees to compensate Contractor for the services provided under this
Agreement, and Contractor agrees to accept in full satisfaction for such services, payment In
accordance with Attachment "B".
4.3 Contractor shall submit to City an invoice, on a monthly basis or as otherwise
agreed, for the services performed pursuant to this Agreement. Each invoice shall itemize the
services rendered during the billing period and the amount due. City shall pay all undisputed
amounts included on the invoice. City shall not withhold applicable taxes or other authorized
deductions from payments made to Contractor.
5.0 Term of Agreement
5.1 This Agreement shall be effective on and from the day, month and year of the
execution of this document by City.
5.2 Term. The term of the Agreement is for a period of four (4) years commencing cn
the Execution Date by City, and terminating four (4) years from the execution date ("Termination
Date") unless terminated earlier as set forth herein, or extended pursuant to Section 5.3 below.
5.3 Options to Extend. Provided that City is satisfied with Contractor's performance
under this Agreement and Contractor is in full compliance with the terms and conditions of this
Agreement, City shall, at its sole discretion and without obligation to Contractor, have the option to
extend the terms of this Agreement for no more than two (2), three (3) year options. The City
Manager and Contractor shall execute the extension(s) within sixty (60) days prior to the expiration
of the Agreement. The total Agreement term may not exceed (10) ten years.
5.4 Agreement Price. Contractor agrees not to raise prices for the original four (4) year
term of the agreement. Thereafter, Contractor may request in writing no Eater 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.
Urban Forest Maintenance Services 2 October 5, 2017
RFP 2017-06
114 of 264
6.0 Termination of Agreement
6.1 In the event of Contractor's failure to prosecute, deliver, or perform the described
services, the City may terminate this Contract by notifying Contactor by certified mail of said
termination. Thereupon, Contractor shall cease work and within five (5) working days: (1)
assemble ail 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 only as to the result to be
accomplished and the personnel assigned to the Project. However, Contractor shall confer with City
as required to perform this Agreement.
7.2 If Contractor is approved by the City to subcontract for extenuating circumstances
any work to be performed under this Agreement, Contractor shall be as fully responsible to City or
the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly
employed by the subcontractor, as Contractor is for the acts and omissions of persons directly
employed by Contractor. Nothing contained in the Agreement shall create any contractual
relationship between any subcontractor of Contractor and City. Contractor shall bind every
subcontractor by the terms of the Agreement applicable to Contractor's work, including indemnity
and insurance requirements.
0.0 No Assignment of Agreement
8.1 Contractor has no authority or right to assign this Agreement or any part thereof or
any monies due thereunder without first obtaining the prior written consent of City.
9.0 No Verbal Agreement or Conversation
9.1 No verbal agreement or conversation with any officers, elected officials, appointed
officials, volunteers, agent or employee of City, either before, during or after the execution of this
Agreement, shall effect or modify any of the terms or obligations herein contained nor such verbal
agreement or conversation entitle Contractor to any additional payment whatsoever under the terms
of this Agreement.
10.0 Disputes
10.1 if a dispute should arise regarding the performance of this Agreement, the following
Urban Forest Maintenance Services 3 October 5, 2017
RFP 2017-06
115 of 264
initial dispute resolution procedures shall be used:
A. Within twenty (30) City working days after a dispute regarding the performance of this
Agreement arises, it shall be reduced to writing at staff level by the complaining party setting
forth the nature of the dispute in detail, along with all pertinent back-up documentation in
support. The writing shall be delivered to the receiving party by first class mail or personal
delivery directly to the party's project manager, along with recommended methods of resolution.
B. The party receiving the letter shall reply to the letter with a detailed response, along
with a recommended method of resolution, If any, within ten (10) City working days of receipt of
the letter.
10.2 If the dispute is not resolved at staff level in accordance with Section 10.1, within five (5)
City working days of the receiving party response (or longer if agreed between the parties), the
aggrieved party, through its respective project manager shall deliver to the City Manager's office a letter
outlining the dispute for the City Manager's review. The receiving party may submit further response, if
required, to the City Manager within five (5) city working days thereafter. The City Manager, at his/her
sole discretion may respond as he/she deems appropriate, including recommendations for resolution,
discussion or rejection of the dispute within fifteen (15) working days of receipt of the complaint.
10.3 If the dispute remains unresolved and the parties have exhausted the procedures
outlined in this section, the parties may then seek remedies available to them under this Agreement and
at taw, Including, but not limited to, under the termination procedures. This provision does not relieve
Contractor of its obligation and Contractor is required to timely comply with all applicable provisions of
the Government Claims Act before Initiating any legal proceeding against City.
11.0 Hold Harmless
11.1 To the greatest extent allowed by law, Contractor shall defend and indemnify and
hold City, Its officials, officers, agents, employees, and representatives free and harmless from any
and all claims, demands, negligence (including the active or passive negligence of City as allowed
by law), causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity,
regardless of whether the allegations are false, fraudulent, or groundless, to property or persons,
including wrongful death, to the extent arising out of or incident to any acts, omissions, negligence or
willful misconduct of Contractor, its officials, officers, employees, agents, consultants, subcontractors
and contractors arising out of or in connection with the performance of the scope of work or this
Agreement, including without limitation the payment of all damages and attorney's fees, fines,
penalties and other related costs and expenses. The only limitations on this provision shall be those
imposed by Civil Code Section 2782 or other applicable provisions of law.
11.2 Contractor's defense obligation (with counsel approved by City), shall arise
immediately upon City's tender, at Contractor's own cost, expense and risk, any and all such
aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted
against City, its officials, officers, agents, employees and representatives, notwithstanding whether
liability is or can be established against City. Contractor shall pay and satisfy any judgment, award or
decree that may be rendered against City, its officials, officers, employees, agents, employees and
representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse City,
its officials, officers, agents, employees and representatives for any and all legal expenses and costs
incurred by each of them in connection therewith or in enforcing the Indemnity herein provided. The
only limitations on this provision shall be those imposed by Civil Code Section 2782 or other
applicable provisions of law.
11.3 Contractor's defense and indemnity obligations herein include, but are not limited to
Urban Forest Maintenance Services 4 October 5, 2017
RFP 2017-06
116 of 264
damages, fines, penalties, attorney's fees and costs arising from claims under the Americans With
Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from
Contractor's Work during the scope of work or after the Project is complete, as the result of defects
or negligence in Contractor's services.
11.4 Contractor's obligation herein includes, but is not limited to, alleged defects in the
services performed; alleged defects in the materials or services furnished under the Agreement;
alleged injury to persons or property; alleged inverse condemnation of property as a consequence of
the performance of the work or the improvement; any regulatory violations (including but not limited
to Stormwater Pollution Control BMPIErosion 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, elected
officials, appointed officials, volunteers, employees and agents, harmless as provided above.
12.0 Insurance
12.1 Commercial General Liability Insurance. Contractor shall obtain and maintain for the full
term of this Agreement, comprehensive general liability and property damage insurance, or commercial
general liability insurance, from an insurance company approved by City having a Best Rating of A-: VII
or better and authorized by the insurance Commissioner of the State of California Department of
Insurance to be transacting business in the State of California, in the following minimum limits:
General liability (including operations, Products and completed operations)
Combined Single Limit Per Occurrence $5,000,000.00
General Annual Aggregate $10,000,000.00
The limits of insurance shall not relieve Contractor from liability In excess of such coverage, nor shall it
limit Contractor's indemnification obligations to City, and shall not preclude City from taking such other
actions available to City under other provisions of the Agreement, Contract Documents, or law,
Contractor shall make certain that if any and all subcontractors hired by Contractor are insured in
accordance with this Agreement. If any subcontractor's coverage does not comply with the foregoing
provisions, Contractor shall indemnify and hold City harmless from any damage, loss, cost, or
expense, including attorney's fees, incurred by City as a result thereof.
Ail 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 terrn, and shall specifically insure the performance by Contractor.
Contractor may combine primary, umbrella, and as broad as possible excess liability coverage to
achieve the total limits indicated above. Any umbrella or excess liability policy shall include the
additional insured endorsement described in this Agreement.
12.2 Automobile Liability Insurance. Such insurance shall provide coverage for bodily injury
and property damage ' including coverage for non -owned and hired vehicles, in a form and with
insurance companies acceptable to City for bodily injury and property damage in an amount, at least,
one million dollars ($1,000,000) per person per accident.
Urban Forest Maintenance Services
RFP 2017-06
5 October 5, 2017
117 of 264
12.3 Workers' Compensation Insurance. Contractor shall provide, during the term of this
Agreement, workers' compensation insurance for all of the employees engaged in Work under this
Agreement, on or at any work site, and, in case of any sublet Work, Contractor shall require each
subcontractor similarly to provide workers' compensation insurance for all of the latter's employees as
proscribed by State law. Any class of employee or employees not covered by a subcontractor's
insurance shall be covered by Contractor's insurance. Contractor 1s 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, Toss, damage, injury, and liability of
every kind, nature, and description brought by any person employed or used by Contractor, or any
subcontractors, to perform the scope of work under this Agreement regardless of responsibility or
negligence.
12.4 Employer's Liability insurance. Contractor shall provide during the life of this
Agreement, Employer's Liability Insurance, including Occupational Disease, in the amount oF, at least,
one million dollars ($1,000,000.00) per person per accident. Contractor shall provide City with a
certificate of Employer's Liability Insurance. Such insurance shall comply with the provisions of the
Agreement and Contract Documents. The policy shall be endorsed, if applicable, to provide a Borrowed
Servant/Altemate 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 Tess than an A : Vil or better. insurance deductibles or self -insured retentions must be
declared by Contractor, and such deductibles and retentions shall have the prior written consent from
City.
12.6 Additional Insured Requirement. City, its officers, elected officials, employees,
contractors, construction managers, architect and volunteers are to be covered as additional insureds
by endorsement under the General Liability, Automobile Liability, Employers Liability and Workers
Compensation Liability Insurance policies. The General Liability policy shall be evidenced by an
additional insured endorsement, using form ISO CG 20-10-10-01 and GC 20-37-10-01 or the exact
equivalent.
12.7 Other insurance 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 Stop Work pursuant to this Agreement and Contract Documents, unless City receives,
prior to such effective date, another properly executed original Certificate of Insurance and original
copies of endorsements or certified original policies, including all endorsements and attachments
evidencing coverages and the insurance as required is in full force and effect.
Contractor shall not take possession of any work site, or commence Its scope of work under this
Agreement until City has been furnished original Certificate(s) of insurance and certified original copies
of Endorsements and any and all other attachments as required in this Agreement. The original
Endorsements for each policy and the Certificate(s) of insurance shall be signed by an individual
authorized by the insurance carrier to do so on its behalf.
Urban Forest Maintenance Services 6 October 5, 2017
RFP 2017-06
118 of 264
It is understood and agreed to by the parties and the insurance company(s) that the Certificate(s) of
Insurance and policies shall be construed' as primary, and City's insurance and/or deductibles and/or
self -Insured retentions or self -insured programs shall not be construed as contributory.
13.0 Payroll Records
13.1 Consistent with Labor Code Section 1776, Contractor and each subcontractor shall
maintain accurate weekly certified payroll records showing the name, address, social security number,
work classification, straight time and overtime hours paid each day and week, and the actual per diem
wages paid to each journeyman, apprentice, worker or other employee employed in connection with the
work. Contractor shall certify under penalty of perjury that records maintained and submitted by
Contractor are true and accurate. Contractor shall also require subcontractor(s) to certify weekly payroll
records under penalty of perjury.
13.2 The payroll records described herein shall be certified and submitted by Contractor at a
time designated by City. Contractor shall also provide the following:
A certified copy of the employee's payroll records shall be made available for inspection or 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 ("DiR").
The certified payroll records shall be on loans provided by the Division of Labor Standards Enforcement
("DLSE") of the DIR or shall contain the same information as the forms provided by the DLSE.
Any copy of records made available for inspection and 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 Prevailin Wa a and Enforcement Com _fiance
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 en 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.dinca.gov/Public-
Works/Prevailing-Wage.html. Contractor shall be required to pay at least the wage rates set forth in that
schedule. Certified Payroll records shall be maintained by Contractor and copies of the certified payroll
shall be electronically sent to the DIR and be delivered to City at the end of each month during the entire
duration of the project.
Contractor is subject to compliance monitoring and enforcement by the DIR. Subject to exceptions as
set forth in Labor Code section 1771.1, Contractor or subcontractor shall not be qualified to bid on, be
listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or
Urban Forest Maintenarice Services 7 October 5, 2017
RFP 2017-06
119 of 264
engage in the performance of any contract for public work, as defined by statute, unless it is currently
registered and qualified to perform public work pursuant to Labor Code Section 1725.5. City may not
accept a bid nor any contract or subcontract entered into without proof of Contractor or subcontractor's
current registration to perform public work pursuant to Section 1725.5. For more information, go to
http://www.diaca.gov/Public-Works/Certified-Payroll-Reporting.html.
Contractor shall be aware of the requirements of Labor Code Sections 1720 et seq. and 1770 et seq.,
as well as California Code of Regulations, Title 8, Section 16000 et seq. ("Prevailing Wage Laws"),
which require the payment of prevailing wage rates and the performance of other requirements on
certain "public works" and "maintenance" projects. Since this Project involves an applicable "public
works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total
compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws.
Contractor shall obtain a copy of the prevailing rates of per diem wages at the commencement of this
Agreement from the website of the Division of Labor Statistics and Research of the DIR located at
www.dir.ca.gov/dlsr/. In the alternative, Contractor may view a copy of the prevailing rates of per diem
wages at City's offices. Contractor shall make copies of the prevailing rates of per diem wages for each
craft, classification or type of worker needed to 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 or portion thereof for which each worker was paid
less than the stipulated prevailing wage rate shall be paid to each worker by Contractor.
Contractor shall post, at appropriate conspicuous points on the Project site, a schedule showing all
determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages
actually earned.
15.0 Employment of Apprentices
15.1 Contractor's attention is directed to the provisions of Sections 1777.5, 1777.6, and
1777.7 of the Labor Code concerning employment of apprentices by Contractor or any subcontractor.
Contractor shall obtain a certificate of apprenticeship before employing any apprentice pursuant to
Section 1777.5, 1777.6, and 1777.7 of the Labor Code, information relative to apprenticeship standards,
wage schedules, and other requirements may be obtained from the Director of the DIR, the
Administrator of Apprenticeships, San Francisco, California, or from the Division of Apprenticeship
Standards and its branch offices,
16.0 Nondiscrimination/E ual Em 10 rnent Opportunity.
16.1 Pursuant to Labor Code Section 1735 and other applicable provisions of law, Contractor
and its subcontractors shall not discriminate against any employee or applicant for employment
because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap
on this Project. Contractor will take affirmative action to ensure that employees are treated during
employment or training without regard to their race, color, religion, sex, national origin, age, political
affiliation, marital status, or handicap.
Urban Forest Maintenance Services 8 October 5, 2017
RFP 2017-06
120 of 264
17.0 Labor/Employment Safety
17.1 Contractor shall maintain emergency first ald 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 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 and Records/Audit Right
20.1 Contractor shall maintain any and all ledgers, books of account, invoices, vouchers,
canceled checks, and other records or documents evidencing or relating to charges for services, or
expenditures and disbursements charged to City for a minimum period of three (3) years, or for any
Urban Forest Maintenance Services 9 October 5, 2017
RFP 2017-06
121 of 264
longer period required by law, from the date of final payment to Contractor.
202 Contractor shall maintain all documents and records which demonstrate performance
under this Agreement for a minimum period of three (3) years, or for any longer period required by
law, from the date of termination or completion of this Agreement.
20.3 Any records or documents required to be maintained pursuant to this Agreement
shall be made available for inspection or audit, at any time during regular business hours, upon
written request by the City Attorney, City Council, City Auditor, City Manager, or a designated
representative of any of these officers. Copies of such documents shall be provided to City for
Inspection when It is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the
records shall be available for review and copying at Contractor's address indicated for receipt of
notices in this Agreement.
20.4 City may, by written request by any of the above -named officers, require that custody
of the records be given to City and that the records and documents be maintained in the City
Manager's office. Access to such records and documents shall be granted to any party authorized by
Contractor's representatives, or Contractor's successor In interest.
21.0 Written Notification
21.1 Any notice, demand, request, consent, approval or communication that either party
desires or is required to give to the other party shall be in writing and either served personally or sent by
prepaid, first class mail. Any such notice, demand, etc. shall be addressed to the other party at the
address set forth below. Either party may change its address by notifying the other party of the change
of address. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as
provided in this section.
If to City:
City of Encinitas
505 N. Vulcan Ave Encinitas, Ca 92024
If to Contractor:
West Coast Arborists, Inc.
2200 E. Via Burton Street Anaheim, Ca 92806
22,0 Contractor's Awareness And Corn fiance With The Americans With Disabilities Act Of
1990
22.1 Contractor certifies that Contractor is aware of the requirements of the Americans with
Disabilities Act of 1990 (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.
Urban Forest Maintenance Services 10 October5, 2017
RFP 2017-06
122 of 264
West Coast Arborists, Inc. CITY OF ENCINITAS
Contracto
By: . �-�- oiS
Signature) Date)
(Title)
Attest:
Dated:
City Clerk
APPROVED AS TO FORM
Glen Sabine, .ity Atbrney
Dated: Z 1 S I to
BY: 2 ?Jc/r
(Signature) Date)
,- :City Manager
(Title)
Urban Forest Maintenance Services 11 October 5, 2017
RFP 2017-06
123 of 264
ATTACHMENT °"1A" CONTRACTOR'S SCOPE OF WORK
Contractor: West Coast Arborists, Inc.
The requirement of this Contract is to provide professional Urban Forestry Maintenance Services for
planting, pruning, trimming, staking, raising, removal, disposal, stump grinding and chipping,
inventorying, documenting and all other services required to maintain the City of Encinitas trees in a
safe, attractive and overall healthy condition.
The City proposes to enter into a Contract with a qualified Contractor who is proactive in their work and
can meet the requirements set forth in this proposal package. The Contractor will be required to
perform and complete the proposed Urban Forestry Maintenance Services in a thorough and
professional manner, and to provide all 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 shall be required to provide a complete
update of the City's tree inventory at no additional cost to the City and submit the
completed inventory to the City within ninety (90) days of the Contract award. The new
inventory shall capture all trees within the Public Rights of Way, new tree sites ,as well as,
trees in parks, open space areas and city facilities. The Contractor shall provide, at no
additional cost to the City, software support to the City for the entire term of the Contract.
The Contractor shall provide the City with recommendations for tree maintenance, tree
health care, recommended planting locations, and recommended removals. Failure to meet
and maintain the requirements for the computerized tree inventory system shall be grounds
for immediate termination of the Contract.
2. Tree Software Program - The Contractor shall operate and maintain, at no additional cost to
the City, a computerized internet based urban forestry management program that includes,
but is not limited to, municipal tree inventory, ability to send online work requests for
services, work order tracking, work histories and the ability to update site specific tree data
and work records, invoices tracking and job balances, reports, value of the urban forest, GPS
accessibility, and various other computer information management system tools.
3. Record Keeping - The Contractor will provide, at no additional cost to the City, access to a
record keeping system consisting of a password protected Internet -driven tracking program
and Internet- based software program that allows the City to maintain information about its
tree population, including the description of each tree by species, height, diameter, work
history, and tree and planting site location. The program shall have the capability to produce
Urban Forest Maintenance Services 12 October 5, 2017
RFP 2017-06
124 of 264
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 D€vision
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 FacilitylD field into their own database, and
Include x and y (lat/long) fields necessary to map the trees in GIS.
For on -going data maintenance, when a new tree is planted, the new tree site will be added
as a record to the tree inventory, and will include the latitude/longitude coordinates
(collected by the contractor using a Global Positioning System (GPS) device with minimum
sub -meter accuracy). Lat/long coordinates shall be included at the time a new record is
added, and will not be input at a later date through a bulk update process. Trees that are
removed will not be deleted from the tree inventory, but will be coded as 'vacant'.
At required intervals, the contractor shall provide an ArcGIS version 10 file or personal
geodatabase containing the updated tree feature class, which will be reconciled with the
City GIS tree inventory. Or, the contractor may provide an Excel spreadsheet or Access
database table containing updated information that can be joined to the City's GIS tree
inventory based on FacilitylD. if the contractor provides their own updated tree inventory
database to the City, there will be a one-time requirement to provide a data dictionary of
fields containing tree maintenance and tree characteristic information that corresponds to
similar fields in the City's GIS tree inventory, so that the City is confident that accurate data
synchronization/updating can occur,
5. Tree Inventories and Developing Inventory Databases - The program should have specialized
reports designed specifically for City representatives' needs. The program should be
developed based on the needs of the City and allow the City to modify and structure the
program to address its specific needs. The user-friendly program should allow customers to
generate a variety of reports quickly.
6. Training and Support - The Contractor shall provide, at no additional cost to the City,
training and support on the software system they provide for the entire term of the
contract. Contractor shall provide training to designated City staff during the hours of 7:00
A.M. to 4:30 P.M. Monday through Friday. The Contractor shall be readily available by
telephone or e-mail and shall respond to the City's inquiries in a timely manner.
B. Annual Maintenance Program
1, Public Relations - The Contractor shall endeavor to maintain good public relations at ail
times with the public. All work shall be conducted in a manner which will cause the least
possible interference with or annoyance to, the public.
Urban Forest Maintenance Services 13 October 5, 2017
RFP 2017-06
125 of 264
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 imrnediate problem or concern as determined by
the City's Designated Representative. Such request(s) shall be addressed and work
completed within one (1) week of notice by the City,
3. Work Hours and City Notification - The Contractor's working hours, for normal work, shall be
limited to the hours between 7:00 AM and 4:30 PM Monday through Friday, excluding
recognized holidays. Deviation from normal working hours will not be allowed without prior
authorization from the City's designated representative. The Contractor shall notify the
City's Designated Representative 24hrs before beginning work. The notification shall include
what work is being done and where, the name of the onsite supervisor and his or her direct
phone number.
4. Emergency Response - The Contractor shall be responsible for responding to tree related
emergency situations during normal business hours, after-hours, weekends and holidays.
The Contractor shall have the capacity to deal with any tree related emergency situation
ranging from limbs down on single trees to storm related damage that involves a large
number of trees requiring the commitment and focus of significant resources and staffing
levels for several days. Response time and protocol during emergencies is critical to the City
of Encinitas.
As part of this Contract, the Contractor shall be required to make the City of Encinitas their
priority client for responses during emergencies that cover the San Diego area.
• Telephone responses by the Contractor to tree related emergency calls during normal
business hours and after-hours shall be made within (30) fifteen minutes of the initial
call.
• The response time for a crew to arrive on -site for tree related emergencies during
normal business hours of operation is sixty (60) minutes.
• The response time for a crew to arrive on -site for tree related emergencies outside of
normal business hours of operation is ninety (90) minutes.
Failure to meet these requirements may be cause for termination of the Contract.
5, Competent Supervisor and Project Manager - The Contractor shall have competent working
supervisors at each jobsite at all times when work is being performed. Each supervisor must
be capable of communicating effectively both in written and oral English, and holding the
necessary certifications or credentials as described for that position. All supervisors must
Urban Forest Maintenance Services 14 October 5, 2017
RFP 2017-06
126 of 264
possess adequate technical background to ensure that all work is accomplished per
provisions of this Contract.
Contractor is required to have a competent Project Manager available by telephone on a
twenty-four (24) hour basis that is assigned to provide direct and prompt attention to
requests from the City for emergency and after-hours tree service requests.
6. Qualified Staff - Contractor shall employ sufficient personnel qualified by reason of
education, training and experience to discharge the services agreed to be performed by
Contractor. Contractor shall provide service of the highest quality at all times, and personnel
retained to perform this service shall be temperate, competent and otherwise fully qualified
to fulfill the Contractor's obligations under the Contract.
7. Uniforms - All employees of Contractor performing services shall appear neat and well-
groomed at all times and shall be dressed in clean, unaltered uniforms at no additional cost
to the City, with suitable company identification. No portion of the uniform may be removed
while working. Employees not in uniform shall be immediately removed from the work area.
The Contractor shall provide a standard uniform consisting of at least a collared shirt with
buttons, complimenting pants, a belt and boots appropriate to the work. All shirts, jackets
or safety vests shall be dearly 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;
• Ability to operate and maintain equipment in accordance with the manufacturer's
recommendations;
• Mechanical ability to make required operator adjustments to the equipment being used;
• Knowledgeable of safety regulations as they relate to tree care and traffic control;
• First Aid Certification from a nationally recognized organization (minimum of one
member of each crew);
• Ability to communicate orally and in writing in English; and,
• Demonstrated knowledge of tree care and related operations.
9. ISA Standards - The Contractor shall deliver a level of quality that is compatible with Current
International Society of Arboriculture (ISA) standards, and standards and requirements
described herein in providing tree services compatible with standard practice that results in
a neat, clean and attractive appearance to trees and associated sites serviced under the
terms of the Contract.
10. Clean Worksite - Upon completion of work on individual street segments that are under the
Contract, Contractor shall clean the work site and all grounds adjacent to the work area of
all rubbish, excess materials and equipment. All sections of the work area shall be left In a
neat and presentable condition. Care should be taken to prevent spillage on streets over
Urban Forest Maintenance Services 15 October5, 2017
RFP 2017-06
127 of 264
which work or hauling is clone, and any such spillage or debris deposited on street due to
Contractor operation shall be cleaned up immediately.
11. Equipment
a. Overnight parking of equipment, leaving unattended debris and staging of materials on
City streets will not be permitted. Waste bins shall be removed from individual street
segments once the work has been completed.
b. All equipment used and all maintenance practices employed shall be subject to the
inspection of the City's designated representative and shall meet safety and functional
requirements described herein. All vehicles and equipment operating under this
Contract shall be properly marked with company identification and comply with all state
and federal regulations. All equipment must be maintained in a good state of repair. All
safety guards shall be in place. No equipment shall leak oil or fluids. Equipment drive
belts and hoses shall be covered and in good repair and show no sign of fraying. No
equipment shall present any potential danger to the operator, co-workers, passing
motorists or pedestrians. Failure to comply with this provision will be cause to have the
equipment removed from the job site.
e. It is the Contractor's responsibility to maintain a sufficient inventory of equipment so as
to complete work as specified. An inventory of equipment shall be provided with
proposal. This inventory shall include the brand name, model number, weight and
capacities of all equipment to be used in the performance of the Contract. All
equipment is to be approved by the City prior to the start of the Contract. It is the
Contractor's responsibility to notify the City's designated representative of any change
in the equipment inventory during the performance of the Contract. This notification
shall come in the form of an updated equipment inventory list, presented in the form of
a memo on dated company letterhead. Failure to comply with this provision will be
grounds to remove the Contractor from the job site until such time as equipment
inventory discrepancies are addressed and may be grounds to terminate the Contract.
12. Disposal of Refuse and Debris/Landfill Diversion Requirement - All vegetation and debris
generated by the Contractor in the performance of the work shall become the property of
the Contractor and shall be removed from the work site promptly. The Contractor shall
dispose of all generated debris at no additional cost to City and shall, at minimum, dispose
of the material as is consistent with the requirements of AB 939. The Contractor is
encouraged to divert as much material as possible from the landfill, meeting or exceeding
the City's goal of seventy-five (75) percent diversion rate. It is anticipated that one -hundred
(100) percent of the material from the work could be diverted, unless a particular tree is
diseased or not suitable for reuse.
13. Protecting the Urban Forest - if, at any time, the Contractor is unclear, on what course of
action to follow in the field, the Contractor shall consult with the City's designated
representative. The Contractor should never proceed with an action that will result in the
permanent disfigurement of the structure or value of a tree. Contractors responsible for the
disfigurement of trees shall be penalized in an amount equal to the appraised value of the
subject tree as determined by an independent Consulting Arborist.
Urban Forest Maintenance Services 16 October 5, 2017
RFP 2017-06
128 of 264
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 far traffic control and safety regulations
as related to any City, State or County requirements while working in the public right-of-way
or on any City project. The design and operation of work zone traffic controls must comply
with US Department of Transportation/Federal highway Administrative guidelines and any
City, County or State supplements guidelines and/or regulations and laws. All operations will
be conducted by the Contractor to provide maximum safety for the public according to the
most recent edition of the MUTCD (Manual on Uniform Traffic Control Devices) and any
California supplements to the MUTCD and any local regulations.
Where work is in progress, each street shall be open to local traffic at all times unless prior
arrangements have been made and approved by the City's designated representative.
The Contractor shall display standardized warning signage when controlling traffic around
any area used for staging or working in any area that is subject to pedestrian or vehicular
traffic. At no time shall traffic be permitted to enter, or operations allowed to continue, in
any work zone that presents a dangerous conditions to pedestrian and/or vehicular traffic.
The Contractor may be required to submit a traffic control plan to the Engineering
Department as directed by the City's designated representative.
16. Utility Coordination - The Contractor shall recognize the rights of utility companies within
the public right -of- way or on any City project and their need to maintain and repair their
facilities. The Contractor shall exercise due and proper care to prevent damage to utility
facilities and to adjust schedules when utility operations prevent the Contractor from
maintenance during a specified time frame. No additional compensation will be allowed for
complying with these requirements. Contractor shall notify the City's designated
representative of any utility that is disturbed or damaged and shall contact the appropriate
utility to arrange for repair.
17. Authority and Inspections
a. The City's designated representatives shall, at all times, have access to the work and
shall be furnished with every reasonable facility for acquiring full knowledge with
respect to the progress, workmanship and characters of materials and equipment used
and employed in the work. Whenever the Contractor varies the period during which
work is carried out, they shall give due notice to the City's designated representative so
Urban Forest Maintenance Services
RFP 2017-06
17 October 5, 2017
129 of 264
that property access for inspection may be provided. Any inspection of work shall not
relive the Contractor of any obligations to fulfill the Contract as prescribed. Any and all
questions regarding the performance of the work shall be directed to the City's
designated representative.
b. If it appears that the work to be done or any matter relative thereto is not sufficiently
detailed or explained by the specifications, the Contractor shall apply to the City's
designated representative for such further explanation as may be necessary and shall
conform to such explanation or interpretation as part of the Contract so far as may be
consistent with the intent of the original requirements.
c. All work shall be completed to the satisfaction of and under the supervision of the City's
designated representative. Failure to comply with any requirement contained herein
may result in suspension of work without time extension or termination of Contract.
Inspection of work will be done by the City's designated representative, during the
performance of work or when deemed necessary.
d. If any portion of the work done under the Contract proves defective or not in
accordance with the requirements, and if the imperfection in the same is not of
sufficient 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.
18. Quantities/ Minor Modifications and/or Additional Work - The City reserves the right to
increase ar decrease the quantity of any item(s) or portion(s) of the work described in the
requirements or specifications or the proposal form or to omit portions of the work so
described as may be deemed necessary or expedient by the City's designated representative
and the Contractor shall agree not to claim ar bring suit for damages, whether for loss of
profits or otherwise, on account of any decrease or omission of any kind of work to be done,
The City shall reduce the price accordingly. Alterations, modifications or deviations from the
work described in this document shall be subject to prior written approval of the City. Any
price,adjustments shall be made by mutual consent of the City and Contractor.
Should a change or extra work be found necessary by the City, all changes and extra work
shall be performed at the same unit price of any proposal item listed. If the work is not
Urban Forest Maintenance Services 18 October 5, 2017
RFP 2017-06
130 of 264
listed as a proposal item, the Contractor shall submit a fair cost for the work to be
performed. A change order authorization, in writing, will be issued by the City.
19. invoicing - Contractor shall be required to submit invoices on a monthly basis. invoice
format shall include but not be limited to the date the work took place, a list of each street
or location that work took place, the address of each individual work site and the activity,
the species and its current condition, height, trunk diameter and canopy spread of each
individual tree. Each invoice shall include an exact copy in electronic format that is
compatible with the City's Tree Inventory program. Failure to submit invoices in this format
may result in non-payment until these requirements are met.
20. Withholding Payment - The City may withhold payment to such extent as may be necessary
to protect the City from 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 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 -falling large limbs or trunk sections, hinge
cutting to avoid use of ropes/hoisting equipment, lack of safety apparatus/equipment
guards, improper use/loading of equipment). Failure to maintain control at all times is
dangerous and can result in serious injury. A loss control incident will not be tolerated and
may result in termination of this Contract. The Contractor shall be responsible for mitigating
any damage related to a loss of control incident.
23. Investigation - Contractor shall cooperate fully with the City in the investigation of any
accident, injury or death occurring on City property or while in the performance of work
based on the contract, including a complete written report submitted to the City's
Designated Representative within twenty-four (24) hours following the occurrence.
Should any structure or property be damaged during permitted or contracted tree
operation, the persons conducting the work shall immediately notify the proper owners or
authorities. Repairs to property damaged by the responsible party shall be made within
forty-eight (48) hours, except utility !Ines, which shall be repaired the same working day.
Urban Forest Maintenance Services 19 October 5, 2017
RFP 2017-06
131 of 264
Repairs on private property shall be made in accordance with the appropriate building code
under permits issued by the City of Encinitas. Any damage caused by the permitted or
contracted persons shall be repaired or restored by them at their expense to a condition
similar or equal to that existing before such damage or injury, or they shall repair such
damage in a manner acceptable to the City.
Special attention is drawn to existing irrigation systems, plant material, landscape features,
lights and utility boxes in City parkways, parks and public landscape areas and the need to
avoid damage and to repair any damage that occurs within a reasonable amount of time as
determined by the City's Designated Representative.
The Contractor's responsibility shall be continuous and not be limited to working hours or
days.
Urban Forest Maintenance Services
RFP 2017-06
Contractor's initials;
Date:
20 October 5, 2017
132 of 264
ATTACHMENT "B" PAYMENT OF SERVICES
Contractor: .West Coast Arborists, Inc.
The undersigned proposes to furnish all materials, supplies, equipment and/or services set forth herein,
subject to all conditions outlined in the RFP, at prices indicated below. All applicable services include
cleanup and disposal.
Tree Planting (per tree). Tree planting includes tree, materials and planting costs
15 Gallon (double staked per specs)
24 inch Box (double staked per specs)
36 inch Box (double staked per specs)
48 Inch Box
60 inch Box
Unit price in Figures
$145.00
$240.00
$825.00
$1,450.00
$2,450.00
Tree Watering (per hour). Watering of young trees, water truck/operator-per
hour
$70.00
Tree Pruning (by Grid). Price per tree to Prune by Grid
Tree Pruning (per Service Requests). Full prune tree or by Species
0"-6" Diameter Standard Height
7"-12" Diameter Standard Height
13"-1S" Diameter Standard Height
19"-24" Diameter Standard Height
25"-30" Diameter Standard Height
31"-36" Diameter Standard Height
36"+ Diameter Standard Height
Crown Raise/Clearance Prune Hardwood tree
0"-6" Diameter Standard Height
7"-12" Diameter Standard Height
13"-18" Diameter Standard Height
19"-24" Diameter Standard Height
25"-30" Diameter Standard Height
31"-36" Diameter Standard Height
36"+ Diameter Standard Height
Palm Tree Trimming
Prune Date Palm (Phoenix spp.)
Clean Trunk for Date Palm (Phoenix spp.)
Prune Fan Paim (Washingtonia spp.)
Clean Trunk for Fan Palm (Washingtonia spp.)
Prune all other Palm Species
$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
$zs.0o
$25.00
$15000
$20.00
$62.00
$12.00
$62.00
Urban Forest Maintenance Services 21 October 5, 2017
RFP 2017-06
133 of 264
Tree Removal (per inch). Tree and Stump removal per inch measured trunk
diameter at 4'6" (Diameter Standard Height)
0"-6" Diameter Standard Height
7"-12" Diameter Standard Height
13"-18" Diameter Standard Height
19"-24" Diameter Standard Height
25"-30" Diameter Standard Height
31"-36" Diameter Standard Height
36"+ Diameter Standard Height
Stump grinding per stump diameter inch at grade
Milling Cost (per board foot). Milling Lumber per Board Foot
Root Pruning (per linear foot). Per foot of roots pruned
Root Barrier installation (per linear foot). Per foot of root barrier installed
General Labor Rates (by hour)
Hourly rate for 1 Ground -person
Hourly rate for 1 Equipment Operator
Hourly rate for 1 Trimmer
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
Specialty Equipment Day Rate (per day). Per eight (8) hour day
Emergency Services (per hour). Fully equipped 3 person crew called in for
emergency service
During normal business hours
After hours, weekends &/or holidays
General Arborist Services (per hour).
Arborist Reports
Resistograph Testing
Ground Penetrating Radar
Air Spade Services
Fumigation
Fertilization
Level 1,2,3 Risk Assessments
Soil Testing / Tree Well Enhancements
$zo.00
$30.00
$30.00
$30.00
$30.00
$40.00
$40.00
$15.00
$8.00
.$1.5,00
$20,00
$70.00
$70.00
$70.00
$1,680.00
$1,200.00
$210.00
$300.00
$140.00
$140.00
$800.00
$140.00
$140.00
$140.00
$140.00
$140.00
GPS Tree Inventory (per tree site). Cost per tree site $3.00
Urban Forest Maintenance Services
R FP 2017-06
22 October 5, 2017
134 of 264
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) Soli 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
$5.00
$2.00
$4.00
$2.00
$2.00
$4.50
$3.50
$8.00
Contractor's Initials:
Date:
Urban Forest Maintenance Services
REP 2017-06
23 October 5, 2017
135 of 264
AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
WEST COAST ARBORISTS, INC.
THIS AGREEMENT is entered into on this 18' day of February, 2020, by and between
the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and WEST COAST
ARBORISTS, INC., a California corporation (the "CONSULTANT").
RECITALS
WHEREAS, the CITY desires to employ a CONSULTANT to provide Urban Forestry
Maintenance Services to assist the City's Park Maintenance staff with ongoing tree trimming
needs and demands.
WHEREAS, the CITY has determined that the CONSULTANT is a certified forestry
professional and is qualified by experience and ability to perform the services desired by the
CITY, and the CONSULTANT is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the
CONSULTANT to tree pruning, trimming, and planting services, and the CONSULTANT
agrees to perform the services set forth here in accordance with all terms and conditions
contained herein.
The CONSULTANT represents that all services shall be performed directly by
the CONSULTANT or under direct supervision of the CONSULTANT.
2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement
will become effective on February 18, 2020. The duration of this Agreement is for the period of
November 1, 2019 through January 7, 2022. Completion dates or time durations for specific
portions of the project are set forth in Exhibit `B". This Agreement may be extended by mutual
agreement upon the same terms and conditions for an additional one (1) year term. The Parties
may exercise up to two one-year extensions. Any extension of this Agreement must be approved
in writing by the City Council.
3. SCOPE OF SERVICES. The CONSULTANT will perform tree pruning,
trimming, removal, and planting services as set forth in the attached Exhibit "A" following the
fee schedule as set forth in the attached Exhibit "B" (the "Project").
The CONSULTANT 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 CONSULTANT shall appear at meetings, as required, to keep staff
and City Council advised of the progress on the project.
136 of 264
The CITY may unilaterally, or upon request from the CONSULTANT, from time
to time reduce or increase the Scope of Services to be performed by the CONSULTANT under
this Agreement. Upon doing so, the CITY and the CONSULTANT 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 CONSULTANT shall assign a single Project
Director to provide supervision and have overall responsibility for the progress and execution of
this Agreement for the CONSULTANT. Michael Palat thereby is designated as the Project
Director for the CONSULTANT.
S. COMPENSATION AND PAYMENT. The compensation for the
CONSULTANT 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 $90,000. The compensation for
the CONSULTANT'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 CONSULTANT shall maintain all books, documents, papers, employee time
sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such
materials available at its office at all reasonable times during the term of this Agreement and for
three (3) years from the date of final payment under this Agreement, for inspection by the CITY,
and for furnishing of copies to the CITY, if requested.
6. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions
which may arise as to the quality or acceptability of the services performed and the manner of
performance, the acceptable completion of this Agreement, and the amount of compensation due.
In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the
work, the manner of performance and/or the compensation payable to the CONSULTANT in this
Agreement, the CITY or the CONSULTANT shall give to the other written notice: Within ten
(10) business days, the CONSULTANT 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 CONSULTANT.
7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda,
Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the
CONSULTANT for this project, whether paper or electronic, shall: (1) be free from defects; (2)
become the property of the CITY for use with respect to this project; and (3) 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 CONSULTANT hereby
assigns to the CITY, and CONSULTANT 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
Standard Agreement Page 2 of 12 City of National City and
Revised May 2019 WCA, FY20
137 of 264
reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT
shall, upon request of the CITY, execute any further document(s) necessary to further effectuate
this waiver and disclaimer.
The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce,
modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S
written work product for the CITY'S purposes, and the CONSULTANT expressly waives and
disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to
intellectual property and artistic works.
Any modification or reuse by the CITY of documents, drawings, or specifications
prepared by the CONSULTANT shall relieve the CONSULTANT 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 CONSULTANT nor the CONSULTANT'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 CONSULTANT and
the CONSULTANT'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 CONSULTANT and its employees. Neither this Agreement, nor any
interest herein, may be assigned by the CONSULTANT without the prior written consent of the
CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or
hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem
necessary for the proper and efficient performance of this Agreement. All agreements by
CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(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 CONSULTANT or any of the CONSULTANT'S employees,
except as set forth in this Agreement. The CONSULTANT, or the CONSULTANT'S agents,
servants, or employees are not in any manner agents, servants, or employees of the CITY. The
CONSULTANT and its agents, servants, and employees are wholly independent from the CITY
and CONSULTANT'S obligations to the CITY are solely prescribed by this Agreement.
10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, 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 CONSULTANT and each
of its SUBCONSULTANT(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.
Standard Agreement
Page 3 of 12
City of National City and
Revised May 2019 WCA, FY20
138 of 264
11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants
that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally
required to practice its profession. CONSULTANT must promptly produce a copy of any such
license, permit, or approval to CITY upon request. The CONSULTANT represents and
covenants that the CONSULTANT 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 CONSULTANT to practice its profession.
12. STANDARD OF CARE.
A. The CONSULTANT, 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 CONSULTANT'S trade or profession currently practicing under similar
conditions and in similar locations. The CONSULTANT shall take all special precautions
necessary to protect the CONSULTANT'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
CONSULTANT 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 CONSULTANT'S professional performance or the
furnishing of materials or services relating thereto.
C. The CONSULTANT is responsible for identifying any unique products,
treatments, processes or materials whose availability is critical to the success of the project the
CONSULTANT 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
CONSULTANT has notified the CITY otherwise, the CONSULTANT 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 CONSULTANT to use due
diligence under this sub -section will render the CONSULTANT 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 CONSULTANT 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 CONSULTANT 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 CONSULTANT agrees to post in
conspicuous places available to employees and applicants for employment any notices provided
by the CITY setting forth the provisions of this non-discrimination clause.
14. CONFIDENTIAL INFORMATION. The CITY may from time"to time
communicate to the CONSULTANT certain confidential information to enable the
CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT
Standard Agreement
Page 4 of 12
City of National City and
Revised May 2019 WCA, F Y20
139 of 264
shall treat all such information as confidential and shall not disclose any part thereof without the
prior written consent of the CITY. The CONSULTANT 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 CONSULTANT, hereafter disclosed in publicly
available sources of information; (iii) is already in the possession of the CONSULTANT without
any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the
CONSULTANT 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 CONSULTANT 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
CONSULTANT 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.
CONSULTANT 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. To the maximum extent
provided by law, The CONSULTANT 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 CONSULTANT'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 CONSULTANT shall employ competent counsel, reasonably
acceptable to the City Attorney.
The indemnity, defense, and hold harmless obligations contained herein shall
survive.the termination of this Agreement for any alleged or actual omission, act, or negligence
under this Agreement that occurred during the term of this Agreement.
16. EMPLOYEE PAYMENTS AND INDEMNIFICATION.
16.1 PERS Eligibility Indemnification. If CONTRACTOR's employee(s) providing
services under this Agreement claims, or is determined by a court of competent jurisdiction or
the California Public Employees Retirement System ("PERS") to be eligible for enrollment in
PERS of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the
payment of any employer and employee contributions for PERS benefits on behalf of the
employee as well as for payment of any penalties and interest on such contributions which would
otherwise be the responsibility of the CITY.
CONTRACTOR'S employees providing service under this Agreement shall not:
(1) qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under
PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid
Standard Agreement
Page 5 of 12
City ofNational City and
Revised May 2019 WCA, FY20
140 of 264
by CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would
accrue to a CITY employee. CONTRACTOR's employees hereby waive any claims to benefits
or compensation described in this Section 16. This Section 16 applies to CONTRACTOR
notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to
the contrary.
16.2 Limitation of CITY Liability. The payment made to CONTRACTOR under this
Agreement shall be the full and complete compensation to which CONTRACTOR and
CONTRACTOR's officers, employees, agents, and subcontractors are entitled for performance
of any work under this Agreement. Neither CONTRACTOR nor CONTRACTOR's officers,
employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health,
leave or other fringe benefits applicable to CITY employees. The CITY will not make any
federal or state tax withholdings on behalf of CONTRACTOR. The CITY shall not be required
to pay any workers' compensation insurance on behalf of CONTRACTOR.
16.3 Indemnification for Employee Payments. CONTRACTOR agrees to defend and
indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution
including any contribution to PERS, social security, salary or wages, overtime payment, or
workers' compensation payment which the CITY may be required to make on behalf of (1)
CONTRACTOR, (2) any employee of CONTRACTOR, or (3) any employee of
CONTRACTOR construed to be an employee of the CITY, for work performed under this
Agreement. This is a continuing obligation that survives the termination of this Agreement.
17. WORKERS' COMPENSATION. The CONSULTANT shall comply with all
of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of
California, the applicable provisions of Division 4 and 5 of the California Labor Code and all
amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify,
and hold harmless the CITY and its officers, employees, and volunteers from and against all
claims, demands, payments, suits, actions, proceedings, and judgments of every nature and
description, including reasonable attorney's fees and defense costs presented, brought or
recovered against the CITY or its officers, employees, or volunteers, for or on account of any
liability under any of said acts which may be incurred by reason of any work to be performed by
the CONSULTANT under this Agreement.
18. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase
and maintain, and shall require its SUBCONSULTANT(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. 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
Standard Agreement
Page 6 of 12
City ofNational City and
Revised May 2019 WCA, FY2O
141 of 264
$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 CONSULTANT'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 CONSULTANT has no employees subject to the California Workers'
Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said
Declaration shall be provided to CONSULTANT 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 CONSULTANT shall maintain such insurance coverage for three years
after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date
must be on or before the date of this Agreement.
G. The Certificate Holder for all policies of insurance required by this
Section shall be:
City of National City
c/o Risk Manager
1243 National City Boulevard
National City, CA 91950-4397
H. Insurance shall be written with only insurers authorized to conduct
business in California that 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 List
of Approved Surplus Line Insurers ("LASLI") 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 CONSULTANT does not keep all insurance policies required
by this Section 18 in full force and effect at all times during the term of this Agreement, the
CITY may treat the failure to maintain the requisite insurance as a breach of this Agreement and
terminate the Agreement as provided herein.
J. All deductibles and self -insured retentions in excess of $10,000 must be
disclosed to and approved by the CITY. CITY reserves the right to modify the insurance
Standard Agreement
Page 7 of 12
City of National City and
Revised May 2019 WCA, 13Y20
142 of 264
requirements of this Section 18, including limits, based on the nature of the risk, prior
experience, insurer, coverage, or other special circumstances.
K. If the CONSULTANT maintains broader coverage or higher limits (or
both) than the minimum limits shown above, the CITY shall be entitled to the broader coverage
or higher limits (or both) maintained by the CONSULTANT. Any available insurance proceeds
in excess of the specified minimum limits of insurance and coverage shall be available to the
CITY.
19. LEGAL FEES. If any party brings a suit or action against the other party arising
from any breach of any of the covenants or agreements or any inaccuracies in any of the
representations and warranties on the part of the other party arising out of this Agreement, then
in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -
court settlement, shall be entitled to have and recover of and from the other party all costs and
expenses of suit, including attorneys' fees.
For purposes of determining who is to be considered the prevailing party, it is stipulated
that attorney's fees incurred in the prosecution or defense of the action or suit shall not be
considered in determining the amount of the judgment or award. Attorney's fees to the prevailing
party if other than the CITY shall, in addition, be limited to the amount of attorney's fees
incurred by the CITY in its prosecution or defense of the action, irrespective of the actual
amount of attorney's fees incurred by the prevailing party.
20. 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
CONSULTANT. During said 60-day period the CONSULTANT 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
CONSULTANT 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 CONSULTANT 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 CONSULTANT,
whether paper or electronic, shall immediately become the property of and be delivered to the
CITY, and the CONSULTANT 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 CONSULTANT'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 CONSULTANT; (2) a
reorganization of the CONSULTANT for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the CONSULTANT.
Standard Agreement
Page 8 of 12
City of National City and
Revised May 2019 WCA, FY20
143 of 264
21. NOTICES. All notices or other communications required or permitted hereunder
shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express
or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or
sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex,
telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally
delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by
overnight mail, the business day following its deposit in such overnight mail facility, (iii) if
mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is
outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or
other like facility regularly maintained by the United States Postal Service, (iv) if given by
telegraph or cable, when delivered to the telegraph company with charges prepaid, or.(v) if given
by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other
communication delivered or sent as specified above shall be directed to the following persons:
To CITY: Victor Uribe
Park Superintendent
Engineering and Public Works Department
City of National City
1243 National City Boulevard
National City, CA 91950-4397
To CONSULTANT:
Michael Palat
Area Manager
West Coast Arborists, Inc.
8524 Commerce Avenue, Suite B
San Diego, CA 92121
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver because of
changed address of which no notice was given shall be deemed to constitute receipt of the notice,
demand, request or communication sent. Any notice, request, demand, direction or other
communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-
eight (48) hours by letter mailed or delivered as specified in this Section.
22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONSULTANT 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 CONSULTANT also agrees not to specify any product, treatment,
process or material for the project in which the CONSULTANT has a material financial interest,
either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall
at all times comply with the terms of the Political Reform Act and the National City Conflict of
Interest Code. The CONSULTANT 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
CONSULTANT has a financial interest as defined in Government Code Section 87103. The
Standard Agreement
Page 9 of 12
City ofNational City and
Revised May 2019 WCA, FY20
144 of 264
CONSULTANT 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 CONSULTANT shall comply with all of the reporting
requirements of the Political Reform Act and the National City Conflict of Interest Code.
Specifically, the CONSULTANT 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 CONSULTANT shall
obtain from the City Clerk.
The CONSULTANT shall be strictly liable to the CITY for all damages, costs or
expenses the CITY may suffer by virtue of any violation of this Section 22 by the
CONSULTANT.
23. PREVAILING WAGES. State prevailing wage rates may apply to work
performed under this Agreement. State prevailing wages rates apply to all public works contracts
as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2,
1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage
rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and
regulations.
24. ADMINISTRATIVE PROVISIONS.
A. Computation of Time Periods. If any date or time period provided for in
this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date
shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a
Saturday, Sunday or federal, state, or legal holiday.
B. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute but one and
the same instrument.
C. Captions. Any captions to, or headings of, the sections or subsections of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision. hereof.
D. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution anddelivery 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. Assignment & Assumption of Rights. CONSULTANT shall not assign this
Agreement, in whole or in part, to any other party without first obtaining the written consent of
CITY.
H. 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.
I. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California. The venue for any legal action arising under
Standard Agreement Page 10 of 12 City of National City and
Revised May 2019 WCA, FY20
145 of 264
this Agreement shall be in either state or federal court in the County of San Diego, State of
California.
J. 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.
K. 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.
L. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties hereto.
M. Subcontractors or Subconsultants. The CITY is engaging the services of
the CONSULTANT identified in this Agreement. The CONSULTANT 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 subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor
of the CITY, both the insurance provisions in Section 18 and the indemnification and hold
harmless provision of Section 15 of this Agreement.
/1/
///
///
///
///
///
///
Page 11 of 12 City of National City and
Standard Agreement
Revised May 2019 WCA, FY20
146 of 264
N. 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:
By:
Angil P. Morris -Jones
City Attorney
WEST COAST ARBORISTS, INC., a
(Corporation— signatures of two corporate officers required)
(Partnership or Sole proprietorship — one signature)
By:
(Name)
(Print)
(Title)
By:
(Name)
(Print)
(Title)
Standard Agreement
Page 12 of 12
City of National City and
Revised May 2019 WCA, FY20
147 of 264
Exhibit A
West Coast Arborists, Inc.
Scope of Work
Project Requirements
The Scope of Work for this Contract is to provide professional Urban Forestry
Maintenance Services for tree pruning, trimming, removal, and planting as directed by
the City's Park Supervisor, to maintain the City of National City's trees in a safe,
attractive and overall healthy condition. Prices for said services are listed in Exhibit B.
The contract is not to exceed $90,000 and is effective November 1, 2019 through
June 30, 2022.
Page 1 of 1
148 of 264
EXHIBIT B
Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com
January 29, 2020
City of National City
ATTN: Victor Uribe, Parks Superintendent
1243 National City Blvd.
National City, CA 91950
RE: Tree Maintenance Agreement
Dear Mr. Uribe,
Over the past several years, West Coast Arborists, Inc. (WCA) and the City of National City have
forged a very productive and cohesive working relationship. Today our common goal remains
the same; to preserve the integrity and health of the City's urban forest.
As we begin 2020, we propose to provide tree maintenance services under a "piggyback"
approach on the City of Encinitas' current contract. The City of Encinitas, not too long ago,
approved a new multi -year contract beginning January 1, 2018.
The rates found under Encinitas' contract are competitive among the industry, particularly with
grid tree pruning, tree removal, and tree planting. As a partner with the City of National City
under their grant planting project, the competitive rates for tree planting services has served
the City well.
We agree to offer the same unit prices, terms and conditions as Encinitas' current contract.
Attached to this letter are copies of Encinitas' RFP, Council Agenda Report and Price Schedule.
Please note that Encinitas' Agreement contains a Cooperative Purchasing Provision that allows
other agencies to piggyback. As part of this Agreement, we agree to waive all annual service
fees for our tree inventory software program called ArborAccess.
We look forward to continuing the strong relationship built between us, and to maintaining
quality urban tree care service. Should you have any questions or require additional
information, please contact me at (800) 521-3714.
Sincerely,
g 6t
Victor M. Gonzalez
Vice President, Marketing
West Coast Arborists, Inc.
2200 E. Via Burton Street • Anaheim, CA 92806 • 714.991.1900 • 800.521.3714 • Fax 714.956.3745
149 of 264
AGREEMENT FOR GENERAL SERVICES BETWEEN
THE CITY OF ENCINITAS AND WEST COAST ARBORISTS, INC.
GENERAL SERVICES AND MAINTENANCE CONTRACT ONLY
(Non-Federal/Prevailing Wage)
THIS Contract is made and entered into by and between the City of Encinitas, a municipal
corporation, hereinafter referred to as "City", and West Coast Arborists, Inc. hereinafter referred to
as "Contractor".
RECITALS
City requires Contractor to perform its scope of work generally described as:
The requirement of this Contract is to provide professional Urban Forestry Maintenance Services as
conditioned in RFP No. 2017-06; for planting, pruning, trimming, staking, raising, removal, disposal,
stump grinding and chipping, inventorying, documenting and all other services required to maintain the
City of Encinitas trees in a safe, attractive and overall healthy condition.
Contractor represents itself as possessing the necessary skills and qualifications to maintain
the public works project required by City 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 Contractor's submission, all documents attached and specifically referenced herein.
2.0 Contractor's Obligations (Attachment A)
2.1 Contractor shall perform its scope of work that is described in Attachment "A",
which is attached hereto and incorporated herein as though fully set forth at length.
2.2 Contractor shall, at its own cost and expense, in a competent manner consistent with
all applicable standards of care, furnish all labor, inspection, technical, administrative, professional
and other personnel, all supplies and materials, equipment, tools, printing, vehicles, transportation,
office space and facilities, and all tests, testing and analyses, calculations, and all other means and
methods whatsoever, except as herein otherwise expressly specified to be furnished by City,
necessary or proper to perform and complete the scope of work and provide the services required by
this Agreement.
2.3 Contractor is hired to render those services necessary to perform the Scope of Work
in a professional manner, and any payments made to Contractor are compensation fully for those
services.
2.4 Contractor shall maintain throughout the full term of this Agreement all professional
certifications and licenses required in order to comply with all city, state, and federal laws in the
performance of this Agreement.
Urban Forest Maintenance Services 1 October 5, 2017
RFP 2017-06
150 of 264
2,5 For the services to be performed, Contractor shall pay wages to Contractor's
employees according to the current "General Prevailing Wage Rates" Issued by the Director of the
Department of industrial Relations of the State of California and pursuant to California Labor Code
Part 7, Chapter 1, Article 2, Sections 1770, 1771, 1773, 1773.1. Contractor shall follow all prevailing
wage reporting required by law and the State Department of Industrial Relations (DIR).
3.0 Extra Work
3.1 Contractor, in providing the services as set forth herein, shall not perform work and
will not be paid for work in excess of the Agreement amount without fiat obtaining a fully executed
written Change Order from City or its authorized designated representative. All requests for extra
work shall be made in writing and submitted to City.
4.0 Payment For Services (Attachment B)
4.1 Contractor's payment for services, including fee schedule or other terms of
compensation, is attached hereto as Attachment "B" and incorporated herein by this reference.
4.2 City agrees to compensate Contractor for the services provided under this
Agreement, and Contractor agrees to accept in full satisfaction for such services, payment in
accordance with Attachment `B".
4.3 Contractor shall submit to City an invoice, on a monthly basis or as otherwise
agreed, for the services performed pursuant to this Agreement. Each invoice shall itemize the
services rendered during the billing period and the amount due. City shall pay all undisputed
amounts included on the Invoice. City shall not withhold applicable taxes or other authorized
deductions from payments made to Contractor.
5.0 Term of Agreement
5.1 This Agreement shall be effective on and from the day, month and year of the
execution of this document by City.
5.2 Term,. The term of the Agreement is for a period of four (4) years commencing on
the Execution Date by City, and terminating four (4) years from the execution date ('Termination
Date") unless terminated earlier as set forth herein, or extended pursuant to Section 5.3 below.
5.3 Options to Extend. Provided that City is satisfied with Contractor's performance
under this Agreement and Contractor is in full compliance with the terms and conditions of this
Agreement, City shall, at its sole discretion and without obligation to Contractor, have the option to
extend the terms of this Agreement for no more than two (2), three (3) year options. The City
Manager and Contractor shall execute the extension(s) within sixty (60) days prior to the expiration
of the Agreement. The total Agreement term may not exceed (10) ten years.
5.4 Agreement Price. Contractor agrees not to raise prices for the original four (4) year
term of the agreement. Thereafter, Contractor may request in writing no later than ninety (90) days
from the option date to request a contract extension and price increase not to exceed the prior year
annual Bureau of Labor Statistics Consumer Price Index, San Diego or 2%, whichever is greater. All
price increases shall take effect upon the effective date of the renewal.
Urban Forest Maintenance Services 2 October 5, 2017
RFP 2017-06
151 of 264
6.0 Termination of Agreement
6.1 In the event of Contractor's failure to prosecute, deliver, or perform the described
services, the City may terminate this Contract by notifying Contactor by certified mail of said
termination. Thereupon, Contractor shall cease work and within five (5) working days: (1)
assemble all materials and records prepared or obtained in the performance of this Agreement and
deliver said documents to the City and (2) place all work in progress in a safe and protected
condition. The City Manager 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 only as to the result to be
accomplished and the personnel assigned to the Project. However, Contractor shall confer with City
as required to perform this Agreement.
7.2 if Contractor Is approved by the City to subcontract for extenuating circumstances
any work to be performed under this Agreement, Contractor shall be as fully responsible to City or
the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly
employed by the subcontractor, as Contractor is for the acts and omissions of persons directly
employed by Contractor. Nothing contained in the Agreement shall create any contractual
relationship between any subcontractor of Contractor and City. Contractor shall bind every
subcontractor by the terms of the Agreement applicable to Contractor's work, including indemnity
and insurance requirements.
8.0 No Assignment of Agreement
8.1 Contractor has no authority or right to assign this Agreement or any part thereof or
any monies due thereunder without first obtaining the prior written consent of City.
9.0 No Verbal Agreement or Conversation
9.1 No verbal agreement or conversation with any officers, elected officials, appointed
officials, volunteers, agent or employee of City, either before, during or after the execution of this
Agreement, shall effect or modify any of the terms or obligations herein contained nor such verbal
agreement or conversation entitle Contractor to any additional payment whatsoever under the terms
of this Agreement.
10.0 Disputes
10.1 If a dispute should arise regarding the performance of this Agreement, the following
Urban Forest Maintenance Services 3 October5, 2017
RFP 2017-06
152 of 264
initial dispute resolution procedures shall be used:
A. Within twenty (30) City working days after a dispute regarding the performance of this
Agreement arises, It shall be reduced to writing at staff level by the complaining party setting
forth the nature of the dispute in detail, along with all pertinent back-up documentation in
support. The writing shall be delivered to the receiving party by first class mail or personal
delivery directly to the patty's project manager, along with recommended methods of resolution.
8. The party receiving the letter shall reply to the letter with a detailed response, along
with a recommended method of resolution, if any, within ten (10) City working days of receipt of
the letter.
10.2 if the dispute is not resolved at staff level in accordance with Section 10.1, within five (5)
City working days of the receiving party response (or longer if agreed between the parties), the
aggrieved party, through its respective project manager shall deliver to the City Manager's office a letter
outlining the dispute for the City Manager's review. The receiving party may submit further response, If
required, 10 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 10 timely comply with all applicable provisions of
the Government Claims Act before Initiating any legal proceeding against City.
11.0 Hold Harmless
11.1 To the greatest extent allowed by law, Contractor shall defend and indemnify and
hold City, its officials, officers, agents, employees, and representatives free and harmless from any
and all claims, demands, negligence (including the active or passive negligence of City as allowed
by law), causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity,
regardless of whether the allegations are false, fraudulent, or groundless, to property or persons,
including wrongful death, to the extent arising out of or incident to any acts, omissions, negligence or
willful misconduct of Contractor, its officials, officers, employees, agents, consultants, subcontractors
and contractors arising out of or in connection with the performance of the scope of work or this
Agreement, including without limitation the payment of all damages and attorney's fees, fines,
penalties and other related costs and expenses. The only (imitations on this provision shall be those
imposed by Civil Code Section 2782 or other applicable provisions of law.
11.2 Contractor's defense obligation (with counsel approved by City), shall arise
immediately upon City's tender, at Contractor's own cost, expense and risk, any and all such
aforesaid sults, actions or other legal proceedings of every kind that may be brought or instituted
against City, its officials, officers, agents, employees and representatives, notwithstanding whether
liability is or can be established against City. Contractor shall pay and satisfy any judgment, award or
decree that may be rendered against City, its officials, officers, employees, agents, employees and
representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse City,
its officials, officers, agents, employees and representatives for any and all legal expenses and costs
incurred by each of them in connection therewith or In enforcing the Indemnity herein provided. The
only limitations on this provision shall be those imposed by Civil Code Section 2782 or other
applicable provisions of law.
11.3 Contractor's defense and indemnity obligations herein include, but are not limited to
Urban Forest Maintenance Services 4 October 5, 2017
RFP 2017-06
153 of 264
damages, fines, penalties, attorney's fees and costs arising from claims under the Americans With
Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from
Contractor's Work during the scope of work or after the Project is complete, as the result of defects
or negligence in Contractor's services.
11.4 Contractor's obligation herein includes, but is not limited to, alleged defects in the
services performed; alleged defects in the materials or services furnished under the Agreement;
alleged injury to persons or property; alleged inverse condemnation of property as a consequence of
the performance of the work or the improvement; any regulatory violations (including but not limited
to Stormwater Pollution Control BMP/Erosion Control and regulatory requirements); and any
accident, 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, elected
officials, appointed officials, volunteers, employees and agents, harmless as provided above.
12.0 insurance
12.1 Commercial General Liability insurance. Contractor shalt obtain and maintain for the full
term of this Agreement, comprehensive general l€ability and property damage insurance, or commercial
general liability insurance, from an insurance company approved by City having a Best Rating of A-: VII
or better and authorized by the Insurance Commissioner of the State of California Department of
Insurance to be transacting business in the State of California, in the following minimum limits;
General liability (including operations, Products and completed operations)
Combined Single Limit Per Occurrence $5,000,000.00
General Annual Aggregate $10,000,000.00
The limits of insurance shall not relieve Contractor from liability In excess of such coverage, nor shall It
limit Contractor's indemnification obligations to City, and shall not preclude City from taking such other
actions available to City under other provisions of the Agreement, Contract Documents, or law.
Contractor shall make certain that if any and all subcontractors hired by Contractor are insured in
accordance with this Agreement. If any subcontractor's coverage does not comply with the foregoing
provisions, Contractor shall indemnify and hold City harmless from any damage, loss, cost, or
expense, including attorney's fees, incurred by City as a result thereof.
All general liability polities 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
Toss, 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 shalt include the
additional insured endorsement described in this Agreement.
12.2 Automobile Liability Insurance. Such insurance shall provide coverage for bodily injury
and property damage including coverage for non -owned and hired vehicles, In a form and with
insurance companies acceptable to City for bodily injury and property damage in an amount, at least,
one million dollars ($1,000,000) per person per accident.
Urban Forest Maintenance Services 5 October 5, 2017
RFP 2017-06
154 of 264
12.3 Workers' Compensation Insurance. Contractor shall provide, during the term of this
Agreement, workers' compensation insurance for all of the employees engaged in Work under this
Agreement, on or at any work site, and, in case of any sublet Work, Contractor shall require each
subcontractor similarly to provide workers' compensation insurance for all of the latter's employees as
proscribed by State law. Any class of employee or employees not covered by a subcontractor's
insurance shall be covered by Contractor's insurance. Contractor is required to secure payment of
compensation to its employees in accordance with the provisions of Section 3700 of the Labor Code in
an amount of, at least, one million dollars ($1,000,000) per person per accident and shall contain a
Waiver of Subrogation in favor of City.
Contractor shall assume the immediate defense of and indemnify and save harmless City and its
officers and employees, agents, and consultants from all claims, loss, damage, injury, and liability of
every kind, nature, and description brought by any person employed or used by Contractor, or any
subcontractors, to perform the scope of work under this Agreement regardless of responsibility or
negligence.
12.4 Employer's Liability Insurance. Contractor shall provide during the life of this
Agreement, Employer's Liability Insurance, Including Occupational Disease, in the amount of, at least,
one million dollars ($1,000,000.00) per person per accident. Contractor shall provide City with a
certificate of Employer's Liability insurance. Such insurance shall comply with the provisions of the
Agreement and Contract Documents. The policy shall be endorsed, if applicable, to provide a Borrowed
ServantlAltemate 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 less than an A : VII or better. Insurance deductibles or self -insured retentions must be
declared by Contractor, and such deductibles and retentions shall have the prior written consent from
City.
12.6 Additional Insured Requirement. City, its officers, elected officials, employees,
contractors, construction managers, architect and volunteers are to be covered as additional insureds
by endorsement under the General Liability, Automobile Liability, Employers Liability and Workers
Compensation Liability Insurance policies, The General Liability policy shall be evidenced by an
additional insured endorsement, using form ISO CG 20-10-10-01 and GC 20-37-10-01 or the exact
equivalent.
12.7 Other Insurance 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 Stop Work pursuant to this Agreement and Contract Documents, unless City receives,
prior to such effective date, another properly executed original Certificate of Insurance and original
copies of endorsements or certified original policies, including ail endorsements and attachments
evidencing coverages and the insurance as required is in full force and effect.
Contractor shall not take possession of any work site, or commence its scope of work under this
Agreement until City has been furnished original Certificate(s) of Insurance and certified original copies
of Endorsements and any and all other attachments as required in this Agreement. The original
Endorsements for each policy and the Certificate(s) of Insurance shall be signed by an individual
authorized by the insurance carrier to do so on its behalf.
Urban Forest Maintenance Services 6 October 5, 2017
RFP 2017-06
155 of 264
It is understood and agreed to by the parties and the insurance company(s) that the Certificate(s) of
Insurance and policies shall be construed. as primary, and City's insurance and/or deductibles and/or
self -insured retentions or self -insured programs shall not be construed as contributory.
13.0 Payroll Records
13.1 Consistent with Labor Code Section 1776, Contractor and each subcontractor shall
maintain accurate weekly certified payroll records showing the name, address, social security number,
work classification, straight time and overtime hours paid each day and week, and the actual per diem
wages paid to each journeyman, apprentice, worker or other employee employed in connection with the
work. Contractor shall certify under penalty of perjury that records maintained and submitted by
Contractor are true and accurate. Contractor shall also require subcontractor(s) to certify weekly payroll
records under penalty of perjury.
13.2 The payroll records described herein shall be certified and submitted by Contractor at a
time designated by City. Contractor shall also provide the following:
A certified copy of the employee's payroll records shall be made available for inspection or 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 Department of Industrial Relations ("DIR").
The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement
("DLSE") of the DIR or shall contain the same information as the forms provided by the DLSE.
Any copy of records made available for inspection and 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 Tess than the prevailing wage rates as determined by the DIR for the work or craft
In which the worker is employed for any public work done under the Agreement by Contractor or, except
as provided by statute, by any subcontract under the Agreement. Upon the request of the DIR, such
penalties shall be withheld from Agreement payments.
14.0 Prevailing Wage and Enforcement Compliance
14.1 This Is a prevailing wage contract and prevailing wage rates for this locality and project as
determined by the Director of the DIR apply, pursuant to labor code section 1770, et. Seq. A copy of the
prevailing wage rates shall be posted on the job site by Contractor. A schedule of prevailing wage rates
is available for review at City's offices or may be found on the Internet at http://www.dir.ca.gov/Public-
Works/Prevailing-Wage.htmi. Contractor shall be required to pay at least the wage rates set forth in that
schedule. Certified Payroll records shall be maintained by Contractor and copies of the certified payroll
shall be electronically sent to the DIR and be delivered to City at the end of each month during the entire
duration of the project.
Contractor is subject to compliance monitoring and enforcement by the DIR. Subject to exceptions as
set forth in Labor Code section 1771.1, Contractor or subcontractor shall not be qualified to bid on, be
listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or
Urban Forest Maintenance Services 7 October 5, 2017
REP 2017-06
156 of 264
engage in the performance of any contract for public work, as defined by statute, unless it Is currently
registered and qualified to perform public work pursuant to Labor Code Section 1725.5. City may not
accept a bid nor any contract or subcontract entered Into without proof of Contractor or subcontractor's
current registration to perform public work pursuant to Section 1725.5. For more information, go to
http://www, dir.ca.gov/Public-Works/Certified-Payroll-Reporti ng_htm 1.
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 an
certain "public works" and "maintenance" projects. Since this Protect involves an applicable "public
works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total
compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws.
Contractor shall obtain a copy of the prevailing rates of per diem wages at the commencement of this
Agreement from the website of the Division of Labor Statistics and Research of the DIR located at
www.dir.ca.gov/dlsr/. In the alternative, Contractor may view a copy of the prevailing rates of per diem
wages at City's offices. Contractor shall make copies of the prevailing rates of per diem wages for each
craft, classification or type of worker needed to 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 or portion thereof for which each worker was paid
Tess than the stipulated prevailing wage rate shall be paid to each worker by Contractor.
Contractor shall post, at appropriate conspicuous points on the Project site, a schedule showing ali
determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages
actually earned.
15.0 Employment of Apprentices
15.1 Contractor's attention is directed to the provisions of Sections 1777.5, 1777.6, and
1777,7 of the Labor Code concerning employment of apprentices by Contractor or any subcontractor.
Contractor shall obtain a certificate of apprenticeship before employing any apprentice pursuant to
Section 1777.5, 1777.6, and 1777.7 of the Labor Code. Information relative to apprenticeship standards,
wage schedules, and other requirements may be obtained from the Director of the DIR, the
Administrator of Apprenticeships, San Francisco, California, or from the Division of Apprenticeship
Standards and its branch offices.
16.0 Nondiscrimination/Equal Employment Opportunity
16.1 Pursuant to Labor Code Section 1735 and other applicable provisions of law, Contractor
and Its subcontractors shall not discriminate against any employee or applicant for employment
because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap
on this Project. Contractor will take affirmative action to ensure that employees are treated during
employment or training without regard to their race, color, religion, sex, national origin, age, political
affiliation, marital status, or handicap.
Urban Forest Maintenance Services 8 October 5, 2017
RFP 2017-06
157 of 264
17.0 Labor/Empfovment 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 shall further comply with all other federal, state or local safety
regulations, as they may apply to its scope of work. City shall not be responsible for inspection of
Contractor's safety practices or for safety violations caused by Contractor.
18.0 Conflict of Interest
18.1 Contractor warrants and covenants that it presently has no interest in, nor shall any
interest be hereinafter acquired in, any matter which will render the services required under the
provisions of this Agreement a violation of any applicable state, local, or federal law, including, but not
limited to, Government Code section 1090. If any principal provider of services is a "consultant" for the
purposes of the Fair Political Practices Act (Gov. Code § 81000 et seq.), each such person shall comply
with Form 721 Statement of Economic Interests filing requirements in accordance with state or City local
Conflict of Interest Code. In addition, if any other conflict of Interest should nevertheless hereinafter
arise, Contractor shall promptly notify City of the existence of such conflict of interest so that City may
determine whether to terminate this Agreement.
19.0 General Provisions
19.1 Contractor agrees and hereby stipulates that the proper venue and jurisdiction for
resolution of any disputes between the parties arising out of this Agreement is San Diego County, North
County Judicial Branch, 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 and Records/Audit Right
20.1 Contractor shall maintain any and all ledgers, books of account, invoices, vouchers,
canceled checks, and other records or documents evidencing or relating to charges for services, or
expenditures and disbursements charged to City for a minimum period of three (3) years, or for any
Urban Forest Maintenance Services 9 October 5, 2017
RFP 2017-06
158 of 264
longer period required by law, from the date of final payment to Contractor.
20.2 Contractor shall maintain all documents and records which demonstrate performance
under this Agreement for a minimum period of three (3) years, or for any longer period required by
law, from the date of termination or completion of this Agreement.
20.3 Any records or documents required to be maintained pursuant to this Agreement
shall be made available for inspection or audit, at any time during regular business hours, upon
written request by the City Attorney, City Council, City Auditor, City Manager, or a designated
representative of any of these officers. Copies of such documents shall be provided to City for
Inspection when It is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the
records shall be available for review and copying at Contractor's address indicated for receipt of
notices In this Agreement.
20,4 City may, by written request by any of the above -named officers, require that custody
of the records be given to City and that the records and documents be maintained in the City
Manager's office. Access to such records and documents shall be granted to any party authorized by
Contractor's representatives, or Contractor's successor In interest.
21.0 Written Notification
21.1 Any notice, demand, request, consent, approval or communication that either party
desires or is required to give to the other party shall be in writing and either served personally or sent by
prepaid, first class mail. Any such notice, demand, etc. shall be addressed to the other party at the
address set forth below. Either party may change its address by notifying the other party of the change
of address. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as
provided in this section.
If to City:
City of Encinitas
505 N. Vulcan Ave Encinitas, Ca 92024
If to Contractor:
West Coast Arborists, inc.
2200 E. Via Burton Street Anaheim, Ca 92806
22.0 Contractor's Awareness And Compliance With The Americans With Disabilities Act Of
1990
22.1 Contractor certifies that Contractor is aware of the requirements of the Americans with
Disabilities Act of 1990 (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.
Urban Forest Maintena nce Services 10 October 5, 2017
RFP 2017-06
159 of 264
Signature)
? beJT.
(Title)
Attest:
City Clerk
Dated:
CITY OF ENCINITAS
1- 7-;air Icy://noac 00 /le/
Date) (Signature) Date)
,,i:City Manager
APPROVED AS TO FORM
Gle n Sabine; ity Attorney
Dated: 11% 1%
(Title)
Urban Forest Maintenance Services 11 October 5, 2017
RFP 2017-06
160 of 264
ATTACHMENT "A" CONTRACTOR'S SCOPE OF WORK
Contractor: West Coast Arboristst Inc.
The requirement of this Contract is to provide professional Urban Forestry Maintenance Services for
planting, pruning, trimming, staking, raising, removal, disposal, stump grinding and chipping,
inventorying, documenting and all other services required to maintain the City of Encinitas trees in a
safe, attractive and overall healthy condition.
The City proposes to enter into a Contract with a qualified Contractor who is proactive in their work and
can meet the requirements set forth in this proposal package. The Contractor will be required to
perform and complete the proposed Urban Forestry Maintenance Services in a thorough and
professional manner, and to provide all 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 shall be required to provide a complete
update of the City's tree inventory at no additional cost to the City and submit the
completed inventory to the City within ninety (90) days of the Contract award. The new
inventory shall capture all trees within the Public Rights of Way, new tree sites ,as well as,
trees in parks, open space areas and city facilities. The Contractor shall provide, at no
additional cost to the City, software support to the City for the entire term of the Contract.
The Contractor shall provide the City with recommendations for tree maintenance, tree
health care, recommended planting locations, and recommended removals. Failure to meet
and maintain the requirements for the computerized tree inventory system shall be grounds
for immediate termination of the Contract.
2. Tree Software Program - The Contractor shall operate and maintain, at no additional cost to
the City, a computerized internet based urban forestry management program that includes,
but is not limited to, municipal tree inventory, ability to send online work requests for
services, work order tracking, work histories and the ability to update site specific tree data
and work records, Invoices tracking and job balances, reports, value of the urban forest, GPS
accessibility, and various other computer information management system tools.
3. Record Keeping - The Contractor will provide, at no additional cost to the City, access to a
record keeping system consisting of a password protected Internet -driven tracking program
and internet- based software program that allows the City to maintain information about its
tree population, including the description of each tree by species, height, diameter, work
history, and tree and planting site location. The program shall have the capability to produce
Urban Forest Maintenance Services 12 October 5, 2017
RFP 2017-06
161 of 264
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 ArcGJS version 10. Or, the contractor
shall incorporate the City's tree inventory FacilitylD field into their own database, and
include x and y (lat/long) fields necessary to map the trees in GIS.
For on -going data maintenance, when a new tree is planted, the new tree site will be added
as a record to the tree inventory, and will include the latitude/longitude coordinates
(collected by the contractor using a Global Positioning System (GPS) device with minimum
sub -meter accuracy). Lat/long coordinates shall be included at the time a new record is
added, and will not be input at a later date through a bulk update process. Trees that are
removed will not be deleted from the tree inventory, but will be coded as 'vacant'.
At required intervals, the contractor shall provide an ArcGIS version 10 file or personal
geodatabase containing the updated tree feature class, which will be reconciled with the
City GIS tree inventory. Or, the contractor may provide an Excel spreadsheet or Access
database table containing updated information that can be joined to the City's GIS tree
inventory based on FacilitylD. If the contractor provides their own updated tree inventory
database to the City, there will be a one-time requirement to provide a data dictionary of
fields containing tree maintenance and tree characteristic information that corresponds to
similar fields in the City's GIS tree inventory, so that the City is confident that accurate data
synchronization/updating can occur.
5. Tree Inventories and Developing inventory Databases - The program should have specialized
reports designed specifically for City representatives' needs. The program should be
developed based on the needs of the City and allow the City to modify and structure the
program to address its specific needs. The user-friendly program should allow customers to
generate a variety of reports quickly.
6. Training and Support - The Contractor shall provide, at no additional cost to the City,
training and support on the software system they provide for the entire term of the
contract. Contractor shall provide training to designated City staff during the hours of 7:00
A.M. to 4:30 P.M. Monday through Friday. The Contractor shall be readily available by
telephone or a -mail and shall respond to the City's inquiries in a timely manner.
B. Annual Maintenance Program
1. Public Relations - The Contractor shall endeavor to maintain good public relations at all
times with the public. All work shall be conducted in a manner which will cause the least
possible interference with or annoyance to, the public.
Urban Forest Maintenance Services 13 October 5, 2017
RFP 2017-06
162 of 264
2. Work Schedule - Upon Contract award, the successful proposer shall be required to submit a
work schedule based on the City's annual pruning requirements which is a systematic tree
pruning program composed of existing grid or per -designed districts that are pruned in their
entirety on a set schedule; removal & replacement programs which consist of removing
trees designated by the City and replanting appropriate trees as replacements; and planting
new appropriate trees in areas where trees do not currently exist. The proposal shall include
a recommended annual work plan, daily work schedules, and personnel and vehicles that
would be required to complete the annual maintenance program. Depending on the City's
current and future program needs the scheduled work may require multiple crews to
perform concurrently within the same time constraints.
The Contractor is also required to provide service for trees prior to their regular and
scheduled trim cycle in order to correct an immediate problem or concern as determined by
the City's Designated Representative. Such request(s) shall be addressed and work
completed within one (1) week of notice by the City,
3. Work Hours and City Notification - The Contractor's working hours, for normal work, shall be
limited to the hours between 7:00 AM and 4:30 PM Monday through Friday, excluding
recognized holidays. Deviation from normal working hours will not be allowed without prior
authorization from the City's designated representative. The Contractor shall notify the
City's Designated Representative 24hrs before beginning work. The notification shall include
what work is being done and where, the name of the onsite supervisor and his or her direct
phone number.
4. Emergency Response - The Contractor shall be responsible for responding to tree related
emergency situations during normal business hours, after-hours, weekends and holidays.
The Contractor shall have the capacity to deal with any tree related emergency situation
ranging from limbs down on single trees to storm related damage that involves a large
number of trees requiring the commitment and focus of significant resources and staffing
levels for several days. Response time and protocol during emergencies is critical to the City
of Encinitas.
As part of this Contract, the Contractor shall be required to make the City of Encinitas their
priority client for responses during emergencies that cover the San Diego area.
• Telephone responses by the Contractor to tree related emergency calls during normal
business hours and after-hours shall be made within (30) fifteen minutes of the initial
call.
• The response time for a crew to arrive on -site for tree related emergencies during
normal business hours of operation is sixty (60) minutes.
• The response time for a crew to arrive on -site for tree related emergencies outside of
normal business hours of operation is ninety (90) minutes.
Failure to meet these requirements may be cause for termination of the Contract.
5. Competent Supervisor and Project Manager - The Contractor shall have competent working
supervisors at each jobsite at all times when work is being performed, Each supervisor must
be capable of communicating effectively both in written and oral English, and holding the
necessary certifications or credentials as described for that position. All supervisors must
Urban Forest Maintenance Services 14 October 5, 2017
RFP 2017-06
163 of 264
possess adequate technical background to ensure that all work is accomplished per
provisions of this Contract.
Contractor is required to have a competent Project Manager available by telephone on a
twenty-four (24) hour basis that is assigned to provide direct and prompt attention to
requests from the City for emergency and after-hours tree service requests.
6. Qualified Staff - Contractor shall employ sufficient personnel qualified by reason of
education, training and experience to discharge the services agreed to be performed by
Contractor. Contractor shall provide service of the highest quality at all times, and personnel
retained to perform this service shall be temperate, competent and otherwise fully qualified
to fulfill the Contractor's obligations under the Contract.
7. Uniforms - All employees of Contractor performing services shall appear neat and well-
groomed at all times and shall be dressed in clean, unaltered uniforms at no additional cost
to the City, with suitable company identification. No portion of the uniform may be removed
while working. Employees not in uniform shall be immediately removed from the work area.
The Contractor shall provide a standard uniform consisting of at least a collared shirt with
buttons, complimenting pants, a belt and boots appropriate to the work, All shirts, jackets
or safety vests shall be clearly 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;
• Ability to operate and maintain equipment in accordance with the manufacturer's
recommendations;
• Mechanical ability to make required operator adjustments to the equipment being used;
• Knowledgeable of safety regulations as they relate to tree care and traffic control;
• First Aid Certification from a nationally recognized organization (minimum of one
member of each crew);
• Ability to communicate orally and in writing in English; and,
• Demonstrated knowledge of tree care and related operations.
9, ISA Standards - The Contractor shall deliver a level of quality that is compatible with Current
International Society of Arboriculture (ISA) standards, and standards and requirements
described herein in providing tree services compatible with standard practice that results in
a neat, clean and attractive appearance to trees and associated sites serviced under the
terms of the Contract.
10. Clean Worksite - Upon completion of work on individual street segments that are under the
Contract, Contractor shall clean the work site and all grounds adjacent to the work area of
all rubbish, excess materials and equipment. All sections of the work area shall be left in a
neat and presentable condition. Care should be taken to prevent spillage on streets over
Urban Forest Maintenance Services 15 October 5, 2017
RFP 2017-06
164 of 264
which work or hauling Is done, and any such spillage or debris deposited on street due to
Contractor operation shall be cleaned up immediately,
11. Equipment
a. Overnight parking of equipment, leaving unattended debris and staging of materials on
City streets will not be permitted. Waste bins shall be removed from individual street
segments once the work has been completed.
b. Ali equipment used and all maintenance practices employed shall be subject to the
inspection of the City's designated representative and shall meet safety and functional
requirements described herein. All vehicles and equipment operating under this
Contract shall be properly marked with company identification and comply with all state
and federal regulations, All equipment must be maintained in a good state of repair. All
safety guards shall be in place. No equipment shall leak oil or fluids, Equipment drive
belts and hoses shall be covered and in good repair and show no sign of fraying. No
equipment shall present any potential danger to the operator, co-workers, passing
motorists or pedestrians. Failure to comply with this provision will be cause to have the
equipment removed from the job site.
c. It is the Contractor's responsibility to maintain a sufficient inventory of equipment so as
to complete work as specified. An inventory of equipment shall be provided with
proposal. This inventory shall include the brand name, model number, weight and
capacities of all equipment to be used in the performance of the Contract, All
equipment is to be approved by the City prior to the start of the Contract. It is the
Contractor's responsibility to notify the City's designated representative of any change
in the equipment inventory during the performance of the Contract. This notification
shall come in the form of an updated equipment inventory list, presented in the form of
a memo on dated company letterhead. Failure to comply with this provision will be
grounds to remove the Contractor from the job site until such time as equipment
inventory discrepancies are addressed and may be grounds to terminate the Contract.
12. Disposal of Refuse and Debris/Landfill Diversion Requirement - All vegetation and debris
generated by the Contractor in the performance of the work shall become the property of
the Contractor and shall be removed from the work site promptly. The Contractor shall
dispose of all generated debris at no additional cost to City and shall, at minimum, dispose
of the material as is consistent with the requirements of AB 939. The Contractor is
encouraged to divert as much material as possible from the landfill, meeting or exceeding
the City's goal of seventy-five (75) percent diversion rate, it is anticipated that one -hundred
(100) percent of the material from the work could be diverted, unless a particular tree is
diseased or not suitable for reuse.
13. Protecting the Urban Forest - If, at any time, the Contractor is unclear, on what course of
action to follow in the field, the Contractor shall consult with the City's designated
representative. The Contractor should never proceed with an action that will result in the
permanent disfigurement of the structure or value of a tree. Contractors responsible for the
disfigurement of trees shall be penalized in an amount equal to the appraised value of the
subject tree as determined by an independent Consulting Arborist.
Urban Forest Maintenance Services 16 October 5, 2017
RFP 2017-06
165 of 264
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 2133.1 Safety Requirements for Arboricultural Operations at all
times so as to protect all person, including Contractor employees, agents of the City,
vendors, members of the public or others from foreseeable injury or damage to their
property.
15. Traffic Control - The Contractor shall be responsible for traffic control and safety regulations
as related to any City, State or County requirements while working in the public right-of-way
or on any City project. The design and operation of work zone traffic controls must comply
with US Department of Transportation/Federal highway Administrative guidelines and any
City, County or State supplements guidelines and/or regulations and laws. All operations will
be conducted by the Contractor to provide maximum safety for the public according to the
most recent edition of the MUTCD (Manual on Uniform Traffic Control Devices) and any
California supplements to the MUTCD and any local regulations.
Where work is in progress, each street shall be open to local traffic at all times unless prior
arrangements have been made and approved by the City's designated representative.
The Contractor shall display standardized warning signage when controlling traffic around
any area used for staging or working in any area that is subject to pedestrian or vehicular
traffic. At no time shall traffic be permitted to enter, or operations allowed to continue, in
any work zone that presents a dangerous conditions to pedestrian and/or vehicular traffic.
The Contractor may be required to submit a traffic control plan to the Engineering
Department as directed by the City's designated representative.
16. Utility Coordination - The Contractor shall recognize the rights of utility companies within
the public right -of- way or on any City project and their need to maintain and repair their
facilities. The Contractor shall exercise due and proper care to prevent damage to utility
facilities and to adjust schedules when utility operations prevent the Contractor from
maintenance during a specified time frame. No additional compensation will be allowed for
complying with these requirements. Contractor shall notify the City's designated
representative of any utility that is disturbed or damaged and shall contact the appropriate
utility to arrange for repair.
17. Authority and Inspections
a, The City's designated representatives shall, at all times, have access to the work and
shall be furnished with every reasonable facility for acquiring full knowledge with
respect to the progress, workmanship and characters of materials and equipment used
and employed in the work. Whenever the Contractor varies the period during which
work is carried out, they shall give due notice to the City's designated representative so
Urban Forest Maintenance Services 17 October 5, 2017
RFP 2017-06
166 of 264
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. Ali work shall be completed to the satisfaction of and under the supervision of the City's
designated representative. Failure to comply with any requirement contained herein
may result in suspension of work without time extension or termination of Contract.
Inspection of work will be done by the City's designated representative, during the
performance of work or when deemed necessary.
d. If any portion of the work done under the Contract proves defective or not in
accordance with the requirements, and if the imperfection in the same is not of
sufficient 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.
18. Quantities/ Minor Modifications and/or Additional Work - The City reserves the right to
increase or decrease the quantity of any item(s) or portion(s) of the work described in the
requirements or specifications or the proposal form or to omit portions of the work so
described as may be deemed necessary or expedient by the City's designated representative
and the Contractor shall agree not to claim or bring suit for damages, whether for loss of
profits or otherwise, on account of any decrease or omission of any kind of work to be done,
The City shall reduce the price accordingly. Alterations, modifications or deviations from the
work described in this document shall be subject to prior written approval of the City. Any
price_adjustments shall be made by mutual consent of the City and Contractor.
Should a change or extra work be found necessary by the City, all changes and extra work
shall be performed at the same unit price of any proposal item listed. If the work is not
Urban Forest Maintenance Services 18 October 5, 2017
RFP 2017-06
167 of 264
listed as a proposal item, the Contractor shall submit a fair cost for the work to be
performed. A change order authorization, in writing, will be issued by the City.
19. Invoicing - Contractor shall be required to submit invoices on a monthly basis. Invoice
format shall include but not be limited to the date the work took place, a list of each street
or location that work took place, the address of each individual work site and the activity,
the species and its current condition, height, trunk diameter and canopy spread of each
Individual tree. Each invoice shall include an exact copy in electronic format that is
compatible with the City's Tree Inventory program. Failure to submit invoices in this format
may result in non-payment until these requirements are met.
20. Withholding Payment - The City may withhold payment to such extent as may be necessary
to protect the City from 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 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 -falling large limbs or trunk sections, hinge
cutting to avoid use of ropes/hoisting equipment, lack of safety apparatus/equipment
guards, improper use/loading of equipment). Failure to maintain control at all times is
dangerous and can result in serious injury. A loss control incident will not be tolerated and
may result in termination of this Contract. The Contractor shall be responsible for mitigating
any damage related to a loss of control Incident.
23. Investigation - Contractor shall cooperate fully with the City in the investigation of any
accident, injury or death occurring on City property or while in the performance of work
based on the contract, including a complete written report submitted to the City's
Designated Representative within twenty-four (24) hours following the occurrence.
Should any structure or property be damaged during permitted or contracted tree
operation, the persons conducting the work shall immediately notify the proper owners or
authorities. Repairs to property damaged by the responsible party shall be made within
forty-eight (48) hours, except utility lines, which shall be repaired the same working day.
Urban Forest Maintenance Services 19 October 5, 2017
REP 2017-06
168 of 264
Repairs on private property shall be made in accordance with the appropriate building code
under permits issued by the City of Encinitas. Any damage caused by the permitted or
contracted persons shall be repaired or restored by them at their expense to a condition
similar or equal to that existing before such damage or injury, or they shall repair such
damage in a manner acceptable to the City.
Special attention is drawn to existing irrigation systems, plant material, landscape features,
lights and utility boxes in City parkways, parks and public landscape areas and the need to
avoid damage and to repair any damage that occurs within a reasonable amount of time as
determined by the City's Designated Representative.
The Contractor's responsibility shall be continuous and not be limited to working hours or
days.
Contractor's Initials:
Date:
Urban Forest Maintenance Services 20 October 5, 2017
RFP 2017-06
169 of 264
ATTACHMENT "B" PAYMENT OF SERVICES
Contractor: West Coast Arborists, Inc.
The undersigned proposes to furnish all materials, supplies, equipment and/or services set forth herein,
subject to all conditions outlined in the RFP, at prices indicated below. All applicable services include
cleanup and disposal.
Tree Planting (per tree). Tree planting includes tree, materials and planting costs
15 Gallon (double staked per specs)
24 inch Box (double staked per specs)
36 inch Box (double staked per specs)
48 Inch Box
60 inch Box
Unit price in Figures
$145.00
$240.00
$825.00
$1,450.00
$2,450.00
Tree Watering (per hour). Watering of young trees, water truck/operator-per
hour
$70.00
Tree Pruning (by Grid). Price per tree to Prune by Grid
Tree Pruning (per Service Requests). Full prune tree or by Species
0"-6" Diameter Standard Height
7"-12" Dia meter Standa rd Height
13"-18" Diameter Standard Height
19"-24" Diameter Standard Height
25"-30" Diameter Standard Height
31"-36" Diameter Standard Height
36"+ Diameter Standard Height
Crown Raise/Clearance Prune Hardwood tree
0"-6" Diameter Standard Height
7"-12" Diameter Standard Height
13"-18" Diameter Standard Height
19"-24" Diameter Standard Height
25"-30" Diameter Standard Height
31"-36" Diameter Standard Height
36"+ Diameter Standard Height
Palm Tree Trimming
Prune Date Palm (Phoenix spp.)
Clean Trunk for Date Palm (Phoenix spp.)
Prune Fan Palm (Washingtonia spp.)
Clean Trunk for Fan Palm (Washingtonia spp.)
Prune all other Palm Species
$62.00
$62.00
$82.00
$102.00
$142.00
$232.00
$302.00
$402.00
$25.00
$25.00
$25.00
$25.00
$25.00
$25.00
$25.00
$150.00
$20.00
$62.00
$12.00
$62.00
Urban Forest Maintenance Services 21 Qctober5, 2017
RFP 2017-06
170 of 264
Tree Removal (per inch). Tree and Stump removal per inch measured trunk
diameter at 4'6" (Diameter Standard Height)
0"-6" Diameter Standard Height
7"-12" Diameter Standard Height
13"-18" Diameter Standard Height
19"-24" Diameter Standard Height
25"-30" Diameter Standard Height
31"-36" Diameter Standard Height
36"+ Diameter Standard Height
Stump grinding per stump diameter inch at grade
Milling Cost (per board foot). Milling Lumber per Board Foot
Root Pruning (per linear foot). Per foot of roots pruned
Root Barrier Installation (per linear foot). Per foot of root barrier Installed
General Labor Rates (by hour)
Hourly rate for 1 Ground -person
Hourly rate for 1 Equipment Operator
Hourly rate for 1 Trimmer
$20.00
$30.00
$30.00
$30.00
$30.00
$40.00
$40.00
$15.00
$8.00
$15.00
$20.00
$70.00
$ 70.00
$ 70.00
Day Rate Service Crew (per day). Boom truck per eight (8) hour day to include a
chip body, low decibel chipper, 1 trimmer, 2 ground persons $1,680.00
Specialty Equipment Day Rate (per day). Per eight (8) hour day $1,200.00
Emergency Services (per hour). Fully equipped 3 person crew called in for
emergency service
During normal business hours
After hours, weekends &/or holidays
General Arborist Services (per hour).
Arborist Reports
Resisiograph Testing
Ground Penetrating Radar
Air Spade Services
Fumigation
Fertilization
Level 1,2,3 Risk Assessments
Soil Testing / Tree Well Enhancements
$210.00
$ 300.00
$140.00
$140.00
$800.00
$140.00
$140.00
$140.00
$140.00
$140.00
GPS Tree inventory (per tree site). Cost per tree site $3.00
Urban Forest Maintenance Services 22 October 5, 2017
RFP 2017-06
171 of 264
Plant Health Care Services
Tree Spraying from Ground Level (per diameter Inch)
Tree Spraying from Aerial Tower (per diameter inch)
Insecticide Trunk Banding (per diameter inch)
Plant Growth Regulator (PGR) Trunk Banding (per diameter inch)
Plant Growth Regulator (PGR) Soil Application (per diameter inch)
Insecticide or Fungicide Soil Application (per diameter inch)
Fertilizer Drenching (per diameter inch)
Trunk Injection - Insecticide/Miticide (per diameter inch)
Trunk Injections _ Fungicide (per diameter inch)
Trunk Injection — insecticide and Fungicide (per diameter inch)
Urban Forest Maintenance Services
RFP 2017-06
$2,00
$4.00
$5.00
$2.00
$4,00
$2.00
$2.00
$4.50
$3.50
$8.00
Contractor's initials:
Date:
23 October 5, 2017
172 of 264
CC/CDC-HA Agenda
2/18/2020 — Page 173
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City adopting Caltrans' Local Assistance Procedures
Manual (LAPM), Chapter 10 Consultant Selection to ensure compliance with Federal and
State laws and regulations pertaining to use of consultant services on State and Federal
funded transportation projects. (Engineering/Public Works)
Please scroll down to view the backup material.
173 of 264
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: February 18, 2020
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City adopting Caltrans' Local Assistance Procedures
Manual (LAPM), Chapter 10 Consultant Selection to ensure compliance with Federal and State laws and
regulations pertaining to use of consultant services on State and Federal funded transportation projects.
PREPARED BY: Jose Lopez, P.E., Associate Civil Engineer
PHONE: 619-336-4312
EXPLANATION:
See attached.
DEPARTMENT: Engineering/Public Works
APPROVED BY:
FINANCIAL STATEMENT:
ACCOUNT NO.
1N/A,
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adopt Resolution adopting Caltrans' Local Assistance Procedures Manual (LAPM), Chapter 10 Consultant
Selection.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. lExplanation
2. Resolution
174 of 2641
Explanation
The Engineering & Public Works Department directly oversees multiple
transportation grant programs administered by Caltrans. Staff often uses
consultant services to assist with project engineering and design. As a condition
of approval for use of State and Federal funds for consultant services, the Code
of Federal Regulations requires that "subrecipients adopt written policies and
procedures prescribed by the awarding State Transportation Agency for the
procurement, management, and administration of engineering and design related
consultant services in accordance with applicable Federal and State laws and
regulations." Instead of each City adopting their own procedures, Caltrans has
developed the Local Assistance Procedures Manual (LAPM), Chapter 10
Consultant Selection, "which sets forth policies and procedures for procurements
and managements of contracts for engineering and design related consultant
services contracts on federal and state funded transportation projects to ensure
compliance with applicable Federal and State laws and regulations."
In order for the City to ensure compliance with Federal and State laws and
regulations pertaining to use of consultant services on State and Federal funded
transportation projects, staff recommends that the City Council adopt Caltrans
LAPM, Chapter 10 Consultant Selection, and any updates thereto.
175 of 264
CC/CDC-HA Agenda
2/18/2020 — Page 176
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City authorizing the City Manager to execute a
Confidentiality and Hold Harmless Agreement between the California Department of
Transportation (Caltrans) and the City of National City for the sharing of electronic files,
and designating the City Engineer as the person responsible for the security and
confidentiality of the information provided by Caltrans. (Engineering/Public Works)
Please scroll down to view the backup material.
176 of 264
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: February 18, 2020
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City authorizing the City Manager to execute a
Confidentiality and Hold Harmless Agreement between the California Department of Transportation
(Caltrans) and the City of National City for the sharing of electronic files, and designating the City
Engineer as the person responsible for the security and confidentiality of the information provided by
Caltrans.
PREPARED BY: Luca Zappiello, Assistant Civil Engineer DEPARTMENT: Engineering/Public Works
PHONE: 619-336-4360
EXPLANATION:
See attached.
FINANCIAL STATEMENT:
ACCOUNT NO.
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED BY:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adopt Resolution authorizing the City Manager to execute a Confidentiality and Hold Harmless Agreement
between Caltrans and the City of National City for the sharing of electronic files.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Explanation
2. Confidentiality and Hold Harmless Agreement
3. Resolution
177 of 2641
EXPLANATION
In July 2018, the San Diego Associations of Governments (SANDAG) awarded a $2.5 million
Smart Growth Incentive Program (SGIP) grant to the City of National City to design and
construct the Sweetwater Road Protected Bikeway project. The project will provide nearly 1.2
miles of protected bike facilities along Sweetwater Road and extend the Class I bike path on
Plaza Bonita Road to Sweetwater Road (0.4 miles). The project will include a road diet, bicycle -
friendly intersection improvements, and pedestrian enhancements. The proposed bicycle
facilities will directly link the City's bike network to the regional network.
In order to complete final design for the portion of the bikeway project within the Caltrans right of
way along Sweetwater Road at 1-805, staff has requested survey data and right of way files from
Caltrans. Since Caltrans has determined that the information requested is "confidential,
privileged, protected, or exempted from public inspection," they are requiring the City to
execute a Confidentiality and Hold Harmless Agreement before they can release the
information. The terms and conditions of the Agreement are attached.
178 of 264
CONFIDENTIALITY and HOLD HARMLESS AGREEMENT
for the Sharing of Electronic Files
WHEREAS, the California Department of Transportation (herein "DEPARTMENT")
agrees to provide the following entity certain information which is confidential, privileged,
protected. or exempted from public inspection (herein "Information"):
City of National City,1243 National City Blvd, National City, CA91950
619-336-4241, cmo aanationalcityca.gov
[Name of entity, address, telephone and fax number, and E-mail address] (herein
"RECIPIENT").
The RECIPIENT represents and warrants that it is (check one):
[
[
x
1. A governmental agency, acting within the scope of its authority.
2. An encroachment permit applicant or holder who needs the Information for the
following reasons:
3. Other entity that needs the Information for the following reasons:
City of National City needs the information for final design purposes regarding a
project partially within Caltrans right-of-way
NOW THEREFORE, the parties hereto (herein collectively the "Parties") mutually agree to
the following terms and conditions.
1. The DEPARTMENT agrees to furnish RECIPIENT with the Information described
more particularly as follows (state whether the information is to be provided in a static
or vector format): CAD files with the existing right-of-way and topo for the vicinity
around Sweetwater Road from Prospect Street to Orange St.
List of files including file type (Use additional sheets if necessary.):
CAD Files will be in DWG. format
[NOTE: Electronic information provided hereunder is NOT intended to include the
underlying meta -data or otherwise hidden data not readily accessible by normal on-
screen viewing, nor shall RECIPIENT access such meta -data or hidden data.]
Said Information pertains to State Route 1-805, located in San Diego County, from
Post Mile 9.245 to Post Mile 8.912 only or Kilometer Post _ n/a _ to Kilometer Post
_ n/a , and/or Project number 1100020271
Page 1 of 4
179 of 264
PD-06
Confidentiality and Hold Harmless Agreement
2/8/16
2. RECIPIENT agrees to hold the above described Information in trust and confidence
and agrees that it shall be used only in connection with improvements to
DEPARTMENT facilities or State highway related purposes, and shall not be used for
any other purpose or be disclosed to any third party, without the express prior written
authorization of the DEPARTMENT.
3. It is understood and agreed to by the Parties that the Information provided under the
terms of this Agreement is confidential, privileged, protected, or exempted frorn public
inspection under Federal, State and local laws. By making the Information available to
the RECIPIENT, the DEPARTMENT does not hereby waive or relinquish any rights to
assert such confidentiality, privilege, protection, and exemption now or in the future,
including but not limited to those exemptions set forth in California Government Code
sections 6254, 6254.5, or other similar provisions of law. RECIPIENT shall have no
obligation under this Agreement with respect to any part of the Information that is or
becomes publicly available without breach of this Agreement by RECIPIENT; is
rightfully received by RECIPIENT without obligations of confidentiality; or is
developed by RECIPIENT without breach of this Agreement.
4. By accepting and using the above -described Information, RECIPIENT expressly agrees
to treat such documents as confidential. All of the Information provided to
RECIPIENT under this Agreement, including but not limited to that contained in
records, writings and documents, whether in hard copy or electronic format, shall be
properly safeguarded and protected by the RECIPIENT, its employees and agents, from
unauthorized viewing, use and disclosure. The RECIPIENT and its employees and
agents may be held civilly and criminally liable under State and Federal laws for breach
of this provision. The RECIPIENT shall designate a person responsible for the security
and confidentiality of the Information provided by the DEPARTMENT, and will
immediately notify the DEPARTMENT in writing of such designee, and any designee
changes.
5. If any of the Information, in whole or in part, is deemed to be public record by law, by
court or governmental order to be disclosed, RECIPIENT shall give the
DEPARTMENT prompt written notice thereof so that the DEPARTMENT may seek a
protective order or other appropriate remedy prior to such disclosure and provide full
and complete cooperation to the DEPARTMENT in seeking such order or remedy.
6. The Information provided hereunder is protected by copyright and/or other intellectual
property laws. The Information shall not be copied or reproduced (including but not
limited to paper copies and electronically formatted copies), or altered in any form
without the express prior written authorization of the DEPARTMENT.
7. RECIPIENT acknowledges that the Information is proprietary property of the
DEPARTMENT and that the DEPARTMENT retains all rights, title, and interests in
the Information, including all copyrights as well as any additional intellectual property
rights as may exist in the Information. RECIPIENT must retain all copyright notices
Page 2 of 4
180 of 264
PD-06
Confidentiality and Hold Harmless Agreement
2/8/16
and any other proprietary notices on any permitted copies and/or reproductions of the
Information. RECIPIENT shall not remove any trademark, copyright or other.
proprietary notices on the Information or on any materials provided by the
DEPARTMENT.
8. At the conclusion of the proposed purposes for which the above -described Information
was furnished, or upon demand by the DEPARTMENT, all such Information shall be
returned to the DEPARTMENT, including any copies and reproductions. The
DEPARTMENT, at its sole discretion, may demand that all written notes, photographs,
sketches, models, or memoranda which were developed or derived from or reflect
information obtained from the above -referenced Information be turned over to the
DEPARTMENT.
9. The above -referenced Information shall not be disclosed to any employee, consultant,
or third party unless they agree to execute and be bound by the terms of this Agreement
and have been approved in advance, in writing, by the DEPARTMENT.
10. The Information is provided "As Is" or "As Available" with no warranty of any kind,
expressed or implied, including, but not limited to the implied warranties of
merchantability, fitness for a particular purpose and non -infringement. The
DEPARTMENT shall not be liable for any special, incidental or consequential
damages, including without limitation, loss of revenues, loss of profits, or loss from
perspective economic advantage, resulting from the use or misuse of the Information,
even if the DEPARTMENT has been advised of the possibility of such damages, or for
any claim by another party. The DEPARTMENT assumes no responsibility
whatsoever with respect to the completeness, sufficiency, accuracy, or interpretations
set forth therein of any plans, documents or data that is provided pursuant to this
Agreement. In addition, there is no warranty or guarantee, either express or implied,
that the conditions indicated by such documents are representative of the actual existing
site conditions or future as -built conditions of the subject location.
11. By accepting and using the above -referenced Information, RECIPIENT agrees to
indemnify, defend, and hold the DEPARTMENT, its directors, officers, employees, or
agents harmless from and against any claims, damages, losses, liabilities, and costs
relating in any manner, directly or indirectly, to the use of the Information furnished by
the DEPARTMENT pursuant to this Agreement.
12. With respect to any and all third party claims RECIPIENT further waives any and all
rights to any type of express or implied indemnity against the DEPARTMENT, its
directors, officers, employees or agents.
13. In the event that a suit is necessary to enforce any of the provisions of this Agreement,
the DEPARTMENT shall be entitled to reasonable attorney's fees in addition to costs.
Page 3 of 4
181 of 264
PD-06
Confidentiality and Hold Harmless Agreement
2/8/16
14. Severability. If any portion of this Agreement is ultimately determined not to be
enforceable, that portion will be severed from the Agreement and the severability shall
not affect the enforceability of the remaining terms of this Agreement.
15. The RECIPIENT'S signatory below represents and warrants that he/she is authorized to
execute this Agreement to bind the RECIPIENT to the terms and conditions of this
Agreement.
AGREED AND ACCEPTED BY:
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By:
Title:
Date:
RECIPIENT
By:
Title:
Date:
Page 4 of 4
182 of 264
CC/CDC-HA Agenda
2/18/2020 — Page 183
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 "30-minute
parking" signs for 12 angle parking spaces located on the west side of "A" Avenue, south
of E. 7th Street, in front of 726 "A" Avenue (Niederfrank's Ice Cream), 724 "A" Avenue
(National Sewing Machines), and 704 "A" Avenue (Vee Parts & Accessories) to increase
parking turnover for customers (TSC No. 2019-18). (Engineering/Public Works)
Please scroll down to view the backup material.
183 of 264
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: February 18, 2020
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City authorizing the installation of "30-minute
parking" signs for 12 angle parking spaces located on the west side of "A" Avenue, south of E. 7th Street,
in front of 726 "A" Avenue (Niederfrank's Ice Cream), 724 "A" Avenue (National Sewing Machines), and
704 "A" Avenue (Vee Parts & Accessories) to increase parking turnover for customers (TSC No. 2019-
18).
PREPARED BY: Luca Zappiello, Assistant Engineer - Civil DEPARTMENT: Engineering/Public Works
PHONE: 619-336-4360 a-- APPROVED BY:
EXPLANATION:
See attached.
FINANCIAL STATEMENT:
ACCOUNT NO.
N/A ,
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adopt the Resolution authorizing the installation of "30-minute parking" signs for 12 angle parking spaces located
on the west side of "A" Avenue, south of E. 7th Street.
BOARD / COMMISSION RECOMMENDATION:
At their meeting on December 11, 2019, the Traffic Safety Committee approved staff's recommendation to install
"30-minute parking" signs on the west side of "A" Avenue, south of E. 7th Street.
ATTACHMENTS:
1. Explanation w/ Exhibit
2. Staff Report to the Traffic Safety Committee on December 11, 2019 (TSC No. 2019-18)
3. Resolution
184 Ot 2641
EXPLANATION
Ms. Patti Finnegan, owner of Niederfrank's Ice Cream, located at 726 °A" Avenue, has
requested time restricted parking on the west side of "A" Avenue between E. 7th Street
and E. 8th Street in order to increase parking turnover for customers. Ms. Finnegan
stated that customers are unable to find on -street parking nearby and are forced to drive
out of the area in order to find available parking. Furthermore, Ms. Finnegan stated that
parking spaces in front of her business are frequently occupied by vehicles parking all
day and the installation of 15-minute parking spaces would increase parking turnover for
her customers and allow for more efficient parking enforcement. Ms. Finnegan also
stated that the owners of the two neighboring businesses located just north of
Niederfrank's Ice Cream at 724 "A" Avenue (National Sewing Machines) and 704 "A"
Avenue (Vee Parts & Accessories) were also in favor of having 15-minute parking on
the west side of the block.
Staff visited the site and confirmed that there are 17 unrestricted angle parking spaces
on the west side of "A" Avenue, between E. 7th Street and E. 8th Street. Staff notified all
of the businesses and property owners located on the west side of the block, inviting
them to attend the Traffic Safety Committee Meeting and/or contact staff with any
questions. The business currently under construction on the northwest corner of "A"
Avenue and E. 8th Street indicated they are not interested in time -restricted parking at
this time. Therefore, only the 12 angle parking spaces in front of Niederfrank's Ice
Cream, National Sewing Machines and Vee Parts & Accessories are being considered
for conversion to time -restricted parking at this time.
This item was presented to the Traffic Safety Committee on December 11, 2019. Ms.
Mary Ellen Faught, a representative of Niederfrank's Ice Cream, was in attendance to
speak in support of the item. The Traffic Safety Committee members asked Ms. Faught
if she would consider changing her proposal from "15-minute parking" to "30-minute
parking" to allow sufficient time for customers to frequent the neighboring businesses.
Ms. Faught agreed to change her request from "15-minute parking" to "30-minute
parking". Afterwards, the Traffic Safety Committee voted unanimously to recommend
the installation of "30-minute parking" signs for 12 parking spaces located on the west
side of "A" Avenue, south of E. 7th Street, in front of Niederfrank's Ice Cream, National
Sewing Machines and Vee Parts & Accessories to increase parking turnover for
customers and allow for more efficient parking enforcement.
If approved by City Council, all work will be performed by City Public Works.
185 of 264
Location Map with Recommended Enhancements (TSC Item: 2019-18)
Niederfrank's
Ice Cream
(726 "A" Ave)
-
OD
(7)
0
-,-.
n)
CD
National Sewing
Machines
(724 "A" Ave)
Vee Parts &
Accessories
(704 "A" Ave)
148' of proposed
parking restriction
"30-minute" parking
(12 parking spaces)
3
NATIONAL CITY TRAFFIC SAFETY COMMITTEE
AGENDA REPORT FOR DECEMBER 11, 2019
ITEM TITLE: REQUEST TO INSTALL 148 FEET OF ANGLED "15-MINUTE
PARKING" LOCATED ON THE WEST SIDE OF "A" AVENUE,
SOUTH OF E. 71" STREET, IN FRONT OF "NIEDERFRANK'S
ICE CREAM", "NATIONAL SEWING MACHINES" AND "VEE
PARTS & ACCESSORIES" TO INCREASE PARKING
TURNOVER FOR CUSTOMERS
PREPARED BY: Luca Zappiello, Assistant Engineer - Civil
Engineering & Public Works Department
DISCUSSION:
Ms. Patti Finnegan, owner of "Niederfrank's Ice Cream" (Niederfrank), located at 726 "A"
Avenue, has requested time restricted parking on the west side of "A" Avenue, south of
E. 7th Street, in front of Niederfrank in order to increase parking turnover for customers.
Ms. Finnegan stated that customers are unable to find on -street parking nearby and are
forced to drive out of the area in order to find available parking. Furthermore, Ms.
Finnegan stated that parking spaces in front of her business are frequently occupied by
vehicles all day and the installation of 15-minute parking spaces will increase parking
turnover for her customers and allow for more efficient parking enforcement. Ms.
Finnegan also stated that the two businesses "National Sewing Machines" and "Vee
Parts & Accessories" located on the north side of Niederfrank would like to have the 15-
minute parking spaces in front of their businesses as well.
Staff visited the site and verified that Niederfrank does not have off-street parking. There
are approximately 220 feet of unrestricted angled parking (equal to seventeen (17)
parking spaces) in front of the buildings located on the west side of "A" Avenue, between
E. 7th Street and E. 8th Street. However, there are approximately 35 feet (equal to three
(3) parking spaces) of unrestricted angled parking available directly in front of
Niederfrank.
Staff spoke with the representative of "Vee Parts & Accessories" located on the north
side of Niederfrank and they confirmed that parking spaces in front of the business are
frequently occupied by vehicles all day and agreed that the installation of 15-minute
parking spaces will increase parking turnover for their customers. Staff was unable to
speak with the representative of "National Sewing Machines". However, staff notified all
of the businesses and property owners located on the west side of "A" Avenue, between
E. 7th Street and E. 8th Street, inviting them to attend the Traffic Safety Committee
Meeting and/or contact staff with any questions. Staff measured the curb side in front of
Niederfrank, National Sewing Machines" and "Vee Parts & Accessories" and confirmed
that there are 148 feet of unrestricted angled parking available.
187 of 264
STAFF RECOMMENDATION:
Staff recommends the installation of 148 feet of angled "15 -minute parking" (equal to 12
parking spaces) located on the west side of "A" Avenue, south of E. 7th Street, in front of
"Niederfrank's Ice Cream", "National Sewing Machines" and "Vee Parts & Accessories"
to increase parking turnover for customers.
EXHIBITS:
1. Correspondence
2. Public Notice
3. Location Map
4. Photos
2019-18
188 of 264
CALIFORNIA
NATIONAL CI -Ty
'ID
INCORPORATED
PUBLIC REQUEST FORM
Contact Information
Name: Patti Finnegan
Address:
Phone:
Email:
Request Information
Location: Niederfrank's Ice Cream
Request: I formally request as many as 15-minute parking spaces
on A Avenue between 7th St. and 8th St.
We often have literally all spaces occupied for hours by people who are
not frequenting the businesses on our block. I ask on behalf of
Niederfrank's Ice Creams as well as, National Sewing and Vee Parks.
Attachments: Yes ✓ No Description:
Internal Use Only:
Request Received By: Luca Zappiello November 20, 2019
Date:
Received via:
Assigned To:
Notes:
Counter/In-Person
Telephone
Email
Fax
Referral:
189 of 264
December 4, 2019
- CALIFORNIA
NATIONAL Mr
ZNCORPORM1D
RESIDENT/PROPERTY OWNER
Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2019-18
REQUEST TO INSTALL 148 FEET OF ANGLE "15-MINUTE PARKING"
LOCATED ON THE WEST SIDE OF "A" AVENUE IN FRONT OF
"NIEDERFRANK'S ICE CREAM", "NATIONAL SEWING MACHINES" AND "VEE
PARTS & ACCESSORIES" TO INCREASE PARKING TURNOVER FOR
CUSTOMERS
Dear Sir/Madame:
The City of National City would like to invite you to our next public Traffic Safety
Committee Meeting scheduled for Wednesday, December 11, 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
2019-18.
Sincerely,
Stephen Manganiello
City Engineer
SM:Iz
Enclosure: Location Map
2019-18
1234 National City Boulevard, National City, CA 91950-6530
(619) 336-4380 Fax (619) 336-4397 engineering@nationalcityca.gov
190 of 264
Location Map with Recommended Enhancements (TSC Item: 2019-18)
148' of proposed
parking restriction
"15-minute" parking
(12 parking spaces)
191 of 264
130' of proposed parking
restriction "30-minute" parking
Location of proposed parking restriction "15-minute" parking on "A" Avenue (looking north)
130' of proposed parking
restriction "30-minute" parking
Location of proposed parking restriction "1S-minute" parking on "A" Avenue (looking west)
192 of 264
CC/CDC-HA Agenda
2/18/2020 — Page 193
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 36 feet of white
curb "3-Minute Passenger Loading" on the east side of "V" Avenue in front of the church
"Ni Christo" located at 2201 E. 8th Street (TSC No. 2019-19). (Engineering/Public
Works)
Please scroll down to view the backup material.
193 of 264
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: February 18, 2020
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City authorizing the installation of 36 feet of white
curb "3-Minute Passenger Loading" on the east side of "V" Avenue in front of the church "Ni Christo"
located at 2201 E. 8th Street (TSC No. 2019-19).
PREPARED BY: Luca Zappiello, Assistant Engineer - Civil DEPARTMENT: Engineering/Public Works
d-g .
PHONE: 619-336-4360
EXPLANATION:
See attached.
APPROVED BY:
FINANCIAL STATEMENT:
ACCOUNT NO.
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adopt the Resolution authorizing the installation of 36 feet of white curb "3-Minute Passenger Loading" on the east
side of "V" Avenue in front of the church "Ni Christo" located at 2201 E. 8th Street.
BOARD t COMMISSION RECOMMENDATION:
At their meeting on December 11, 2019, the Traffic Safety Committee approved staff's recommendation to install
white curb "3-Minute Passenger Loading" on the east side of "V" Ave in front of the church "Ni Christo".
ATTACHMENTS:
1. Explanation w/ Exhibit
2. Staff Report to the Traffic Safety Committee on December 11, 2019 (TSC No. 2019-19)
3. Resolution
194 of 2641
EXPLANATION
Mr, Luis Quiambao, representative of the Church "Ni Christo" (Church) located at 2201
E. 8th Street has requested the installation of a white curb "Passenger Loading Zone"
on the east side of "V" Avenue in front of the Church in order to provide a safer loading
and unloading area for the members of the Church during mass hours. Mr. Quiambao
stated that in addition to mass, the Church has several weekly activities that are
attended by many members. Mr. Quiambao stated that since all of the on -street parking
spaces located in front of the Church are occupied, vehicles traveling northbound must
to stop in the middle of "V" Avenue in order to drop off passengers, creating an unsafe
condition.
In addition, Mr. Quiambao stated that this creates traffic congestion at the intersection
where the Church is located because several vehicles must queue in the middle of "V"
Avenue during the drop-off activity. Mr. Quiambao stated that the installation of a white
curb "Passenger Loading Zone" in front of the Church would make passenger loading
and unloading easier and safer, reducing traffic congestion at the intersection. In
addition, Mr. Quiambao stated that he would like to have another white curb "Passenger
Loading Zone" on the west side of V Avenue, in front of the parking lot of the Church,
since there is a building located at 2219 E. 8th Street that is utilized by the Church for
events on a weekly basis.
Staff visited the site and verified that the Church is located on the northeast corner of E.
8th Street and "V" Avenue. The Church has three different off-street parking lots (see
location map). Parking lot #1 is located on the southwest side of the Church and has six
parking spaces, including four disabled parking spaces. Parking lot #2 is located on the
west side of "V" Avenue, south of the building located at 2219 E. 8th Street and has 56
parking spaces, including four disabled parking spaces. Parking lot #3 is located on the
west side of "V" Avenue, north of the building located at 2219 E. 8th Street and has 28
parking spaces.
Staff agreed that the installation of a white curb "Passenger Loading Zone" on the east
side of "V" Avenue in front of the Church would provide a safe loading and unloading
area for Church members during mass hours. However, staff deferred to the Traffic
Safety Committee regarding the request to install a white curb "Passenger Loading
Zone" on the west side of "V" Avenue, in front of parking lot #2, since vehicles could use
parking lot #2 for the passenger loading and unloading in order to access the building
located at 2219 E. 8th Street.
This item was presented to the Traffic Safety Committee on December 11, 2019. Staff
sent notices to the Church representatives inviting them to attend the Traffic Safety
Committee Meeting and/or contact staff with any questions. Mr. Luis Quiambao and Mr.
Albert Almazan were in attendance to speak in support of the item.
After discussing the item, the Traffic Safety Committee voted unanimously in support of
staff's recommendation to install 36 feet of white curb "3-Minute Passenger Loading" on
the east side of "V" Avenue in front of the Church "Ni Christo" located at 2201 E. 8th
195 of 264
Street. However, the Traffic Safety Committee voted unanimously against the option to
install a white curb "Passenger Loading Zone" on the west side of "V" Avenue, in front of
parking lot #2 since vehicles can use the parking lot for passenger loading and
unloading to access the building located at 2219 E. 8th Street.
It should be noted that if the white curb "3-Minute Passenger Loading" is installed, the
parking restriction will be in effect 24-hours a day.
If approved by City Council, all work will be performed by City Public Works.
196 of 264
Location Map with Recommended Enhancements (TSC Item: 2019-18)
#3 parking lot
2219 E. 8th St.
#2 parking lot
Existing red curb
"No Parking"
36' of proposed white
curb "Passenger
Loading" zone parking
(2 parking spaces)
Church "Ni Christo"
- 2201 E. 8th St.
#1 parking lot
ITEM TITLE:
4
NATIONAL CITY TRAFFIC SAFETY COMMITTEE
AGENDA REPORT FOR DECEMBER 11, 2019
REQUEST TO INSTALL 36 FEET OE WHITE CURB "PASSENGER
LOADING ZONE" ON THE EAST SIDE OF "V" AVENUE IN
FRONT OF THE CHURCH "NI CHRISTO" (CHURCH) LOCATED
AT 2201 E. 8TH STREET AND 20 FEET OF WHITE CURB
"PASSENGER LOADING ZONE" ON THE WEST SIDE OF "V"
AVENUE IN FRONT OF THE PARKING LOT OF THE CHURCH
PREPARED BY: Luca Zappiello, Assistant Engineer - Civil
Engineering & Public Works Department
DISCUSSION:
Mr. Luis Quiambao, representative of the Church "Ni Christo" (Church) located at 2201 E.
8th Street has requested the installation of a white curb "Passenger Loading Zone" located
on the east side of "V" Avenue in front of the Church in order to provide a safer loading and
unloading area for the members of the Church during mass hours. Mr. Quiambao stated
that in addition to mass, the Church has several weekly activities that are attended by many
members. Mr. Quiambao stated that since all of the on -street parking spaces located in
front of the Church are occupied, vehicles traveling northbound must to stop in the middle
of "V" Street in order to drop off passengers, creating an unsafe situation. In addition, Mr.
Quiambao stated that this creates traffic congestion at the intersection where the Church is
located because several vehicles must queue in the middle of "V" Street during the drop off
activity. Mr. Quiambao stated that the installation of a white curb "Passenger Loading Zone"
in front of the Church would make passenger loading and unloading easier and safer,
reducing the traffic congestion at the intersection. In addition, Mr. Quiambao stated that he
would like to have another white curb "Passenger Loading Zone" located on the west side
of V Avenue, in front of the parking lot of the Church since there is a building located at
2219 E. 8t" Street that is utilized by the Church for events on a weekly basis.
Staff visited the site and verified that the Church is located on the northeast corner between
E. 8th Street and "V" Avenue. The Church has three different off-street parking lots (see
location map). Parking lot no. #1 is located on the southwest side of the Church with six (6)
parking spaces, including four (4) disabled parking spaces. Parking lot no. #2 is located on
the west side of "V" Avenue, south of the building located at 2219 E. 8t" Street with fifty-six
(56) parking spaces, including four (4) disabled parking spaces. Parking lot no. #3 is
located on the west side of "V" Avenue, north of the building located at 2219 E. 8t" Street
with twenty-eight (28) parking spaces.
Staff agrees that the installation of a white curb "Passenger Loading Zone" located on the
east side of "V" Avenue in front of the Church is necessary since it will provide a safer
loading and unloading area for members of the Church during mass hours. However, Staff
defers to the Traffic Safety Committee for the recommendation to install a white curb
"Passenger Loading Zone" located on the west side of "V" Avenue, in front of parking lot
no. #2 since vehicles can use parking lot no. #2 for the passenger loading and unloading in
order to access the building located at 2219 E. 81" Street.
198 of 264
Staff notified the Church representatives to attend the Traffic Safety Committee Meeting
and/or contact staff with any questions.
STAFF RECOMMENDATION:
Based on evaluation of existing conditions, staff recommends the installation of 36 feet of
white curb "Passenger Loading Zone" on the east side of "V" Avenue in front of the Church
"Ni Christo" located at 2201 E. 8th street. Furthermore, Staff defers to the Traffic Safety
Committee for the recommendation to install 20 feet of white curb "Passenger Loading
Zone" located on the west side of "V" Avenue, in front of parking lot no. #2.
If approved by City Council, all work will be performed by City Public Works.
EXHIBITS:
1. Correspondence
2. Public Notice
3. Location Map
4. Photos
2019-19
199 of 264
CALIFORNIA
NATIONAL Orr
le
INCORPORATED
PUBLIC REQUEST FORM
Contact Information
Name: Luis Quiambao
Address:
Phone:
Email:
Request Information
Location: Church Ni Christo
Request: Request curb along the side walk along V Avenue be painted white
as per sketch, to allow people to be drop-off and pick-up at designated area
Attachments: ✓ Yes No Description: sketch
Internal Use Only:
Request Received By: Luca Zappiello Date: September 18, 2019
Received via:
Assigned To:
Notes:
Counter/In-Person
Telephone
Email []Fax
Referral:
200 of 264
201 of 264
-- CALIFORNIA
NATIONAL .Cl?
.
NCORPORAYi%D
December 4, 2019
RESIDENT/PROPERTY OWNER
Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2019-19
REQUEST TO INSTALL 36 FEET OF WHITE CURB "PASSENGER LOADING
ZONE" ON THE EAST SIDE OF "V" AVENUE IN FRONT OF THE CHURCH "NI
CHRISTO" (CHURCH) LOCATED AT 2201 E. 8TH STREET AND 20 FEET OF
WHITE CURB "PASSENGER LOADING ZONE" ON THE WEST SIDE OF "V"
AVENUE IN FRONT OF THE PARKING LOT OF THE CHURCH
Dear Sir/Madame:
The City of National City would like to invite you to our next public Traffic Safety
Committee Meeting scheduled for Wednesday, December 11, 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
2019-19.
Sincerely,
2.
Stephen Manganiello
City Engineer
SM:lz
Enclosure: Location Map
2019-19
1234 National City Boulevard, National City, CA 91950-6530
(619) 336-4380 Fax (619) 336-4397 engineering@nationalcityca.gov
202 of 264
Location Map with Recommended Enhancements (TSC Item: 2019-18)
#3 parking lot
2219 E. 8'h St.
#2 parking lot
Existing red curb
"No Parking"
E. 8th Stree
20' of proposed white
curb"Passenger
Loading" zone parking
(1 parking spaces)
36' of proposed white
curb "Passenger
Loading" zone parking
(2 parking spaces)
Church "Ni Christo"
- 2201 E. 8"' St.
#1 parking lot
203 of 264
36' of proposed white
curb "Passenger
Loading Zone" parking
(2 parking spaces)
Location of proposed parking white curb "Passenger Loading Zone" ( ooking east)
Church "Ni Christo"
— 2201 E. 8th St.
36' of proposed white
curb"Passenger
Loading Zone" parking
(2 parking spaces)
Location of proposed parking white curb "Passenger Loading Zone" (looking east)
204 of 264
20' of proposed white
curb "Passenger
Loading" zone parking
(1 parking spaces)
Location of proposed parking white curb "Passenger Loading Zone" (looking west)
205 of 264
CC/CDC-HA Agenda
2/18/2020 — Page 206
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City authorizing the donation of a 1991 Chevrolet
utility truck and 2004 Pierce fire engine to assist the City of Tecate. (Fire)
Please scroll down to view the backup material.
206 of 264
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: February 18, 2020
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City authorizing the donation of a 1991 Chevrolet
utility truck and 2004 Pierce fire engine to assist the City of Tecate. (Fire)
PREPARED BY: Frank Parra DEPARTMENT:
PHONE: 619-336-4551 APPROVED BY:
EXPLANATION:
See attached Staff Report.
FINANCIAL STATEMENT: APPROVED: 4-7/t,(44-L ( --Finance
ACCOUNT NO. APPROVED: MIS
No cost to City; however, donating the fire engine and utility truck versus selling at auction impacts
potential revenue of approximately $15,000.
ENVIRONMENTAL REVIEW:
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Staff recommends the City Council approve the donation in order to assist the City of Tecate.
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
1. Staff Report
2. Resolution
207 of 2641
Resolution of the City Council of the City of National City authorizing the donation of a 1991 Chevrolet
utility truck and 2004 Pierce fire engine to assist the City of Tecate. (Fire)
Staff Report:
The City of National City would like to donate a fire engine and utility truck that have been phased out of
service to the City of Tecate. The surplus fire engine being recommended for donation is engine number
460, a 2004 Pierce fire engine with approximately 167,000 miles. The utility truck is vehicle number 218,
a 1991 Chevrolet with approximately 37,000 miles. The total estimated value for both the fire engine and
utility truck is $15,000.
The City of National City and the National City Fire Department would not incur any liability related to the
fire engine's or utility truck's ownership, operation, or use. The City of Tecate, as the owner of the fire
engine and utility truck, would provide all maintenance and insurance surrounding its use.
Policy Requirements:
According to Municipal Code Chapter 2.42 — Disposal of Surplus City Property Section 2.42.040E "Manner
of Disposal", if the surplus city property which is not required for city use has been assigned an estimated
market value of one thousand dollars or more by the purchasing agent, he/she shall dispose of the
property:
1. Through the solicitation of sealed bids, with the award going to the highest responsive,
responsible bidder. All notices shall be published by the purchasing agent in a commercially
reasonable manner, using any appropriate mediums of printed or electronic commerce which, in
the opinion of the purchasing agent, are reasonably likely to ensure an optimum bidding process;
2. Through participation in the San Diego County cooperative auction;
3. Through consignment of items to a vendor to sell on behalf of the city. The purchasing agent shall
enter into an agreement with the vendor that has the potential of generating the most market
interest and, therefore, the highest net proceeds for the city. The consignment vendor shall, at its
expense, advertise the items) for sale, in accordance with subsection (B)(1) of this section, and
shall accept offers on behalf of the city, with the city having final acceptance authority;
4. Through a negotiated agreement with another public agency, public safety organization,
government agency or other nonprofit agency which may have limited funds, and an expressed
need for such item(s).
The donation of a surplus fire engine and utility truck to the City of Tecate meets requirement No. 4 as
described above.
The items listed below have been designated for donation to the City of Tecate:
ITEM SERIAL NUMBER
(1) 1991 Chevrolet utility truck N/A
(1) 2004 Pierce fire engine N/A
208 of 264
Financial Statement:
No cost to City; however, donating the fire engine and utility truck versus selling at auction impacts
potential revenue of approximately $15,000.
Staff Recommendation:
Staff recommends the City Council approve the donation in order to assist the City of Tecate.
209 of 264
CC/CDC-HA Agenda
2/18/2020 — Page 210
The following page(s) contain the backup material for Agenda Item: Warrant Register
#28 for the period of 1/1/20 through 1/7/20 in the amount of $1,067,876.73. (Finance)
Please scroll down to view the backup material.
210 of 264
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: February 18, 2020
AGENDA ITEM NO.:
ITEM TITLE:
Warrant Register #28 for the period of 1/1/20 through 1/7/20 in the amount of $1,067,876.73. (Finance)
PREPARED BY: Karla Apalategui, Accounting Assistant
PHONE: 619-336-4572
EXPLANATION:
DEPARTMENT: Finance
APPROVED BY:
Per Government Section Code 37208, attached are the warrants issued for the period 1i 'I2'0 - 1/7/20.
Consistent with Department of Finance's practice, listed below are all payments above $50,000.
Vendor Check/Wire Amount Explanation
No Warrants for over $50,000
Processed for this period
FINANCIAL STATEMENT:
ACCOUNT NO.
Warrant total $1,067,876.73.
APPROVED: FINANCE
APPROVED: MIS
ENVIRONMENTAL REVIEW:
This is not a project and, therefore, not subject to environmental review.
ORDINANCE: INTRODUCTION FINAL ADOPTION
STAFF RECOMMENDATION:
Ratify warrants totaling $1,067,876.73
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
Warrant Register # 28
211 of 264
1r/
CALIFORNIA
PAYEE
ACEDO, I
ANDERSON, E
BEARD, P
BECK, L
BISHOP, R
BOEGLER, C
BULL, P
CAMEON, C
CARRILLO, R
COLE, L
COLLINSON, C
CONDON, D
CORDERO, E
CORPUZ, T
DANESHFAR, Z
DEESE, L
DESROCHERS, P
DIAZ, M
DILLARD, S
DREDGE, J
EISER III, G
ESPIRITU, D
ETZLER, J
FABINSKI, D
FERNANDEZ, R
FIFIELD, K
GAUT, A
GELSKEY, K
GIBBS JR, R
GONZALES, M
HANSON, E
HARLAN, M
HAUG, S
HERNANDEZ, M
HERNANDEZ, R
HODGES, B
IBARRA, J
JAMES, R
JONES, D
JUNIEL, R
KIMBLE, R
KLOS, F
LEACH, D
LIMFUECO, M
MATIENZO, M
MC CABE, T
MCDANIEL, P
MEDINA, R
NATIoNAL ciTir
-NORPort ED
WARRANT REGISTER # 28
1/7/2020
DESCRIPTION CHK NO DATE AMOUNT
RETIREE HEALTH BENEFITS / JAN 2020 345601 1/7/20 160.00
RETIREE HEALTH BENEFITS / JAN 2020 345602 1/7/20 110.00
RETIREE HEALTH BENEFITS / JAN 2020 345603 1/7/20 70.00
RETIREE HEALTH BENEFITS / JAN 2020 345604 1/7/20 140.00
RETIREE HEALTH BENEFITS / JAN 2020 345605 1/7/20 110.00
RETIREE HEALTH BENEFITS / JAN 2020 345606 1/7/20 260.00
RETIREE HEALTH BENEFITS / JAN 2020 345607 1/7/20 580.00
RETIREE HEALTH BENEFITS / JAN 2020 345608 1/7/20 400.00
RETIREE HEALTH BENEFITS / JAN 2020 345609 1/7/20 290.00
RETIREE HEALTH BENEFITS / JAN 2020 345610 1/7/20 165.00
RETIREE HEALTH BENEFITS / JAN 2020 345611 1/7/20 420.00
RETIREE HEALTH BENEFITS / JAN 2020 345612 1/7/20 280.00
RETIREE HEALTH BENEFITS / JAN 2020 345613 1/7/20 520.00
RETIREE HEALTH BENEFITS / JAN 2020 345614 1/7/20 140.00
RETIREE HEALTH BENEFITS / JAN 2020 345615 1/7/20 250.00
RETIREE HEALTH BENEFITS / JAN 2020 345616 1/7/20 660.00
RETIREE HEALTH BENEFITS / JAN 2020 345617 1/7/20 110.00
RETIREE HEALTH BENEFITS / JAN 2020 345618 1/7/20 680.00
RETIREE HEALTH BENEFITS / JAN 2020 345619 1/7/20 480.00
RETIREE HEALTH BENEFITS / JAN 2020 345620 1/7/20 250.00
RETIREE HEALTH BENEFITS / JAN 2020 345621 1/7/20 250.00
RETIREE HEALTH BENEFITS / JAN 2020 345622 1/7/20 620.00
RETIREE HEALTH BENEFITS / JAN 2020 345623 1/7/20 460.00
RETIREE HEALTH BENEFITS / JAN 2020 345624 1/7/20 220.00
RETIREE HEALTH BENEFITS / JAN 2020 345625 1/7/20 270.00
RETIREE HEALTH BENEFITS / JAN 2020 345626 1/7/20 540.00
RETIREE HEALTH BENEFITS / JAN 2020 345627 1/7/20 700.00
RETIREE HEALTH BENEFITS / JAN 2020 345628 1/7/20 115.00
RETIREE HEALTH BENEFITS / JAN 2020 345629 1/7/20 120.00
RETIREE HEALTH BENEFITS / JAN 2020 345630 1/7/20 480.00
RETIREE HEALTH BENEFITS / JAN 2020 345631 1/7/20 135.00
RETIREE HEALTH BENEFITS / JAN 2020 345632 1/7/20 500.00
RETIREE HEALTH BENEFITS / JAN 2020 345633 1/7/20 120.00
RETIREE HEALTH BENEFITS / JAN 2020 345634 1/7/20 600.00
RETIREE HEALTH BENEFITS / JAN 2020 345635 1/7/20 400.00
RETIREE HEALTH BENEFITS / JAN 2020 345636 1/7/20 200.00
RETIREE HEALTH BENEFITS / JAN 2020 345637 1/7/20 780.00
RETIREE HEALTH BENEFITS / JAN 2020 345638 1/7/20 140.00
RETIREE HEALTH BENEFITS / JAN 2020 345639 1/7/20 480.00
RETIREE HEALTH BENEFITS / JAN 2020 345640 1/7/20 50.00
RETIREE HEALTH BENEFITS / JAN 2020 345641 1/7/20 300.00
RETIREE HEALTH BENEFITS / JAN 2020 345642 1/7/20 480.00
RETIREE HEALTH BENEFITS / JAN 2020 345643 1/7/20 600.00
RETIREE HEALTH BENEFITS / JAN 2020 345644 1/7/20 160.00
RETIREE HEALTH BENEFITS / JAN 2020 345645 1/7/20 100.00
RETIREE HEALTH BENEFITS / JAN 2020 345646 1/7/20 280.00
RETIREE HEALTH BENEFITS / JAN 2020 345647 1/7/20 290.00
RETIREE HEALTH BENEFITS / JAN 2020 345648 1/7/20 105.00
1/3
212 of 264
1r/
CALIFORNIA
PAYEE
MENDOZA, G
MINER, D
MORRISON, R
NAGLE, D
NOTEWARE, D
OLIVARES, G
OLIVERIA, H
PAUU JR, P
PEASE JR, D
PETERS, S
POST, R
RAY, S
ROARK, L
RODRIGUEZ, M
RUIZ, J
SANCHEZ, L
SERVATIUS, J
SHORT, C
SMITH, J
STEWART, W
STRASEN, W
TIPTON, B
VERRY, L
VILLAGOMEZ, J
WHITE, J
ACME SAFETY & SUPPLY CORP
ADAMOS, MAELIHINI R
BJ'S RENTALS INC
BOOT WORLD
BROADWAY AUTO GLASS
CABATU, E
CALIFORNIA PARK & REC
CALIFORNIA PARK & REC
CASAS, LAURA
CLAIMS MANAGEMENT ASSOCIATES
COSTAR REALTY INFORMATION INC
COUNTYWIDE MECHANICAL
CSA SAN DIEGO COUNTY
DANIELS TIRE SERVICE
DISCOUNT SPECIALTY CHEMICALS
FERGUSON ENTERPRISES 1350
GOLDEN, LAURIE
GRAINGER
HAAKER EQUIPMENT COMPANY
HD SUPPLY CONSTRUCTION
HOME DEPOT CREDIT SERVICES
IRON MOUNTAIN
NATitoNAL ciTir
-LAVED
WARRANT REGISTER # 28
1/7/2020
DESCRIPTION
RETIREE HEALTH BENEFITS / JAN 2020
RETIREE HEALTH BENEFITS / JAN 2020
RETIREE HEALTH BENEFITS / JAN 2020
RETIREE HEALTH BENEFITS / JAN 2020
RETIREE HEALTH BENEFITS / JAN 2020
RETIREE HEALTH BENEFITS / JAN 2020
RETIREE HEALTH BENEFITS / JAN 2020
RETIREE HEALTH BENEFITS / JAN 2020
RETIREE HEALTH BENEFITS / JAN 2020
RETIREE HEALTH BENEFITS / JAN 2020
RETIREE HEALTH BENEFITS / JAN 2020
RETIREE HEALTH BENEFITS / JAN 2020
RETIREE HEALTH BENEFITS / JAN 2020
RETIREE HEALTH BENEFITS / JAN 2020
RETIREE HEALTH BENEFITS / JAN 2020
RETIREE HEALTH BENEFITS / JAN 2020
RETIREE HEALTH BENEFITS / JAN 2020
RETIREE HEALTH BENEFITS / JAN 2020
RETIREE HEALTH BENEFITS / JAN 2020
RETIREE HEALTH BENEFITS / JAN 2020
RETIREE HEALTH BENEFITS / JAN 2020
RETIREE HEALTH BENEFITS / JAN 2020
RETIREE HEALTH BENEFITS / JAN 2020
RETIREE HEALTH BENEFITS / JAN 2020
RETIREE HEALTH BENEFITS / JAN 2020
CHK NO
345649
345650
345651
345652
345653
345654
345655
345656
345657
345658
345659
345660
345661
345662
345663
345664
345665
345666
345667
345668
345669
345670
345671
345672
345673
DATE
1/7/20
1/7/20
1/7/20
1/7/20
1/7/20
1/7/20
1/7/20
1/7/20
1/7/20
1/7/20
1/7/20
1/7/20
1/7/20
1/7/20
1/7/20
1/7/20
1/7/20
1/7/20
1/7/20
1/7/20
1/7/20
1/7/20
1/7/20
1/7/20
1/7/20
RETIREE HEALTH BENEFITS TOTAL:
10 X 1 3/4 UNI POST / PW
TRAINING ADV POST SUB COMM/ PD
SCRUBBER AIR HEPA
MOP 64096 SAFETY WEARING APPAREL - PW
OFFSITE WINDOW TINT, REPAIR
TRAINING ADV SUB DISPATCH CABATU
COMM SERVICES CPRS MEMBERSHIP RENEWAL
COMM SERVICES CPRS MEMBERSHIP RENEWAL
COUNCIL MEETING TRANSLATION 12-03-19
PROFESSIONAL SERVICES
6 MONTH SUBSCRIPTION TO COSTAR REALTY
CITY WIDE CATCH BASIN/SUMP CLEANING
CDBG AGREEMENT: CSA SAN DIEGO COUNTY
TIRES FOR CITY FLEET FOR FY 2020
PENETRANT LUBRICANT / PW
MOP 45723 GENERAL SUPPLIES - PW
LIABILITY CLAIM COST
MOP 65179 GENERAL SUPPLIES - PW
PIVOT PIN / PW
121HP54117, GRAPHITE RIDGELINE 4PT
SUPPLIES FOR KIMBALL HOLIDAY
RECORD MANAGEMENT AND STORAGE FOR FY20
345675
345676
345677
345678
345679
345680
345681
345682
345683
345684
345685
345686
345687
345688
345689
345690
345691
345692
345693
345694
345695
345696
1/7/20
1/7/20
1/7/20
1/7/20
1/7/20
1/7/20
1/7/20
1/7/20
1/7/20
1/7/20
1/7/20
1/7/20
1/7/20
1/7/20
1/7/20
1/7/20
1/7/20
1/7/20
1/7/20
1/7/20
1/7/20
1/7/20
AMOUNT
290.00
580.00
520.00
460.00
120.00
280.00
360.00
340.00
140.00
290.00
280.00
190.00
135.00
260.00
310.00
330.00
340.00
300.00
320.00
200.00
135.00
250.00
280.00
480.00
230.00
22,990.00
481.55
640.00
2,653.78
367.43
202.36
135.98
145.00
145.00
125.00
6,200.00
2,889.42
6,155.92
3,664.61
1,319.45
491.62
220.13
110.00
2,329.96
896.71
291.93
272.26
213.21
2/3
213 of 264
1r/
CALIFORNIA
PAYEE
LASER SAVER INC
LOPEZ, J
LOPEZ, TERESA YOLANDA
LUTH AND TURLEY INC.
MASON'S SAW
MEGLA MANUFACTURING INC
MOSSY NISSAN
MUNICIPAL CODE CORPORATION
NAHRO
NATIONAL CITY CHAMBER
NATIONAL CITY TROPHY
O'REILLY AUTO PARTS
O'REILLY AUTO PARTS
PARTS AUTHORITY METRO LLC
PENSKE FORD
POWERSTRIDE BATTERY CO INC
PRO BUILD COMPANY
PRUDENTIAL OVERALL SUPPLY
ROADONE
SAM'S ALIGNMENT
SAN DIEGO COUNTY ASSESSOR
SDG&E
SITEONE LANDSCAPE SUPPLY LLC
SMART & FINAL
SONSRAY MACHINERY LLC
SOUTHERN CALIF TRUCK STOP
SOUTHWEST SIGNAL SERVICE
STAPLES BUSINESS ADVANTAGE
SWEETWATER AUTHORITY
TRUE CUSTOMS
T'S & SIGNS
UNITED ROTARY BRUSH CORP
VISTA PAINT
WETMORES
ZUMAR INDUSTRIES INC
SECTION 8 HAPS
NATIONAL CITIr
/NV Ev
WARRANT REGISTER # 28
1/7/2020
DESCRIPTION
KIMBALL SENIOR CENTER TONER
MEETINGS MILEAGE REIMBURSEMENT/ ENG
TRANSLATION SERVICES AS NEEDED FOR FY20
LIABILITY CLAIM COST
MOP 45729 EQUIPMENT SUPPLIES AND REPAIR
FABRICATION, WELDING, ALUMINUM PLATES
MOP 80703 AUTO SUPPLIES - PW
MUNICODE SUPPLEMENT 53, UPDATE 2
NAHRO ANNUAL MEMBERSHIP RENEWAL
BUSINESS EMPOWERMENT ACADEMY
FULL WRAP COVE 12 STD PACK
MOP 75888 GENERAL AUTO SUPPLIES - PW
MOP 75888 EQUIPMENT SUPPLIES AND REPAIR
MOP 75943 GENERAL SUPPLIES - PW
R&M CITY VEHICLES FOR FY 2019
MOP 67839 GENERAL SUPPLIES - PW
MOP 45707 GENERAL SUPPLIES - PW
MOP 45742 LAUNDRY SERVICES - PW
MOP 75948 AUTO SERVICES - PW
WHEEL ALIGNMENT SERVICE FOR CITY
COUNTY ASSESOR RECORDS / NSD
GAS & ELECTRIC UTILITIES FOR PW FY 2020
M069277 GENERAL SUPPLIES - PW
A KIMBALL HOLIDAYS MATERIALS
SUPPORT, GAS STRUT / PW
MOP 45758 GENERAL AUTO SUPPLIES - PW
TECHNICIAN SERVICE CALLS NOV 2019
OFFICE SUPPLIES / COUNCILMEMBERS OFFICE
WATER BILL FOR PARKS DIVISION FY 2020
TINTED WINDOWS
CASA DE SALUD BACK PACK EMBROIDERY
STREET SWEEPER REPAIRS AND MAINTENANCE
020690155 -ON-LINE TRAFFIC FAST DRY
M100 SHEPHERD GEARBOX
SIG ALERT 36 INCH FLASHER RING / PW
Start Date
1/1/2020
End Date
1/7/2020
CHK NO DATE AMOUNT
345697 1/7/20 59.76
345698 1/7/20 29.12
345699 1/7/20 160.00
345700 1/7/20 534.41
345701 1/7/20 116.87
345702 1/7/20 723.25
345703 1/7/20 59.90
345704 1/7/20 790.00
345705 1/7/20 1,580.80
345706 1/7/20 4,000.00
345707 1/7/20 92.17
345708 1/7/20 25.69
345709 1/7/20 23.49
345710 1/7/20 13.42
345711 1/7/20 1,103.29
345712 1/7/20 111.93
345713 1/7/20 2,614.26
345714 1/7/20 407.00
345715 1/7/20 225.00
345716 1/7/20 428.00
345717 1/7/20 2.00
345718 1/7/20 4,600.17
345719 1/7/20 489.83
345720 1/7/20 157.04
345721 1/7/20 190.72
345722 1/7/20 63.07
345723 1/7/20 19,805.73
345724 1/7/20 69.02
345725 1/7/20 4,087.97
345726 1/7/20 180.00
345727 1/7/20 15.23
345728 1/7/20 277.33
345729 1/7/20 5,939.56
345730 1/7/20 710.31
345731 1/7/20 3,917.28
A/P Total 106,544.94
961,331.79
GRAND TOTAL $ 1,067,876.73
3/3
214 of 264
Certification
IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE
HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE
AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE
CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW.
MARK ROBERTS, FINANCE BRAD RAULSTON, CITY MANAGER
FINANCE COMMITTEE
ALEJANDRA SOTELO-SOLIS, MAYOR -CHAIRWOMAN
MONA RIOS, VICE -MAYOR RONALD J. MORRISON, COUNCIL MEMBER
JERRY CANO, COUNCIL MEMBER GONZALO QUINTERO, COUNCIL MEMBER
I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND
THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF
BY THE CITY COUNCIL ON THE 18th OF FEBRUARY, 2020.
AYES
NAYS
ABSENT
215 of 264
CC/CDC-HA Agenda
2/18/2020 — Page 216
The following page(s) contain the backup material for Agenda Item: Warrant Register
#29 for the period of 1/8/20 through 1/14/20 in the amount of $2,043,400.87. (Finance)
Please scroll down to view the backup material.
216 of 264
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: February 18, 2020
AGENDA ITEM NO.:
ITEM TITLE:
Warrant Register #29 for the period of 1/8/20 through 1/14/20 in the amount of $2,043,400.87. (Finance)
PREPARED BY: Karla Apalategui, Accounting Assistant
PHONE: 619-336-4572
EXPLANATION:
DEPARTMENT: Finance
APPROVED BY: --� )
Per Government Section Code 37208, attached are the warrants issued for the period 'i,E!20 - 1/14/20.
Consistent with Department of Finance's practice, listed below are all payments above $50,000.
Vendor Check/Wire Amount Explanation
Fordyce Construction Inc 345756 111,952.03 1430 Hoover Ave Warehouse
KTUA 345766 68,452.50 Waterfront to Homefront
National Auto Fleet Group 345770 89,465.83 2019 Ford Super Duty F-450 Drw
Tri-Group Constriction 345802 84,549.05 El Toyon Park Irrigation
US Bank 345827 62,642.81 PARS Benefit Conversion Plan /
Ybarra
FINANCIAL STATEMENT:
ACCOUNT NO.
Warrant total $2,043,400.87.
APPROVED: FINANCE
APPROVED: MIS
ENVIRONMENTAL REVIEW:
This is not a project and, therefore, not subject to environmental review.
ORDINANCE: INTRODUCTION FINAL ADOPTION
STAFF RECOMMENDATION:
Ratify warrants totaling $2,043,400.87
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
Warrant Register # 29
217 of 264
CALIFORNIA °-4i
PAYEE
A REASON TO SURVIVE
ALDEMCO
ALL FRESH PRODUCTS
AMERICAN BACKFLOW SPECIALTIES
AT&T
AT&T
AT&T
BALLARDO, D
BAVENCOFF JR, D
BOUND TREE MEDICAL LLC
BROWDER,M
CAPF
CALIFORNIA LAW ENFORCEMENT
CAMARGO, C
CASAS, LAURA
CHILDREN'S HOSPITAL
CIRCULATE SAN DIEGO
COUNTY OF SAN DIEGO
COX COMMUNICATIONS
DANIELS TIRE SERVICE
DENHAM, A
DIAZ, E
ENTERPRISE FLEET MANAGEMENT
EXPRESS PIPE AND SUPPLY
FORDYCE CONSTRUCTION INC
GEOSYNTEC CONSULTANTS INC
GONZALES, G
GOVCONNECTION INC
HAWTHORNE MACHINERY
HERNANDEZ, A
IBARRA, S
IPS GROUP INC
IRON MOUNTAIN
KIMLEY HORN
KTUA
LASER SAVER INC
LOPEZ, TERESA YOLANDA
MOTOROLA SOLUTIONS INC
NATIONAL AUTO FLEET GROUP
NERI LANDSCAPE ARCHITECTURE
NITV FEDERAL SERVICES LLC
NOWDOCS INTERNATIONAL INC
NV5 INC
OFFICE SOLUTIONS BUSINESS
OPTUM
PENSKE FORD
PMW ASSOCIATES
PROFESSIONAL SEARCH GROUP LLC
NATIONAL env
INCORFOILATro
WARRANT REGISTER # 29
1/14/2020
DESCRIPTION
ARTS / BIKE CORRALS
FOOD NUTRITION
FOOD NUTRITION
PURCHASE OF BACKFLOW, GUAGES, VALVES,
AT&T SBC ANNUAL PHONE SERVICE FOR FY20
AT&T SBC ANNUAL PHONE SERVICE FOR FY20
AT&T SBC ANNUAL PHONE SERVICE FOR FY20
TRAINING REIM MOTOR BALLARDO
TRAINING REIMBURSEMENT ATAP BAVENCOFF
INV 83209248/83255333 - SUPPLIES FOR FIRE
TRAINING ADV POST SUB TD BROWDER
JAN 2020 - FIRE LTD
JAN 2020 - PD / LTD
REIMB CARMARGO CLEARS
CITY COUNCIL MEETING TRANSLATION 12-17-19
SR2S
HOMEFRONT TO WATERFRONT
NEXTGEN REGIONAL COMMUNICATIONS SYSTEM
COX DATA VIDEO SERVICES FY20
TIRES FOR CITY FLEET FOR FY 2020
A KIMBALL HOLIDAY EMPLOYEE WORKING LUNCH
EDUCATION REIMBURSEMENT
ENTERPRISE FLEET LEASE
CITYWIDE PLUMBING PARTS, MATERIALS TOOL
1430 HOOVER AVE WARREHOUSE
DUCK POND
TRAINING ADV LDG CVSA GGONZALES
VMWARE VSPHERE 6 ANNUAL RENWAL 01/20/20
TRANSPORT MACHINE / PW
TRAINING POST ADV SUB BUDGET ACDMY / PD
TRAINING POST REIMB DISPTCH IBARRA
ENFORCEMENT SERVICES
RECORD MANAGEMENT AND STORAGE FOR FY20
ROOSEVELT SMART GROWTH
WATERFRONT TO HOMEFRONT
OFFICE SUPPLIES / NUTRITION
TRANSLATION SERVICES AS NEEDED FOR FY20
INV 16079316 / PORTABLE RADIOS / PD
2019 FORD SUPER DUTY F-450 DRW
PARADISE CREEKPARK
TRAINING TUITION CVSA GONZALES
W2 FORMS & ENVELOPES / FINANCE
PARADISE CREEK PARK
MOP83778. OFFICE SUPPLIES/ENG.
HAS BANKING FEES GRP HB1966
R&M CITY VEHICLES FOR FY 2019
TRAINING TUITION BUDGET FOR CPT HERNANDEZ
TEMPORARY HELP - FINANCE
CHK NO
345732
345733
345734
345735
345736
345737
345738
345739
345740
345741
345742
345743
345744
345745
345746
345747
345748
345749
345750
345751
345752
345753
345754
345755
345756
345757
345758
345759
345760
345761
345762
345763
345764
345765
345766
345767
345768
345769
345770
345771
345772
345773
345774
345775
345776
345777
345778
345779
DATE
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
AMOUNT
12,890.22
7,105.23
2,011.45
286.28
8,733.41
2,286.60
507.88
69.40
20.00
899.00
407.94
1,062.00
2,058.00
75.00
125.00
29,308.78
6,716.09
8,970.17
618.16
505.50
250.13
384.74
29,023.43
236.17
111,952.03
3,858.00
843.35
16,560.68
1,407.17
384.00
306.90
5,285.66
213.21
45,601.56
68,452.50
861.85
160.00
24,251.41
89,465.83
9,145.00
1,295.00
215.33
36,618.59
82.55
55.25
76.73
393.00
4,172.40
1/3
218 of 264
CALIFORNIA °-4i
PAYEE
PROJECT PROFESSIONALS CORP
PRUDENTIAL OVERALL SUPPLY
PTS
RANDALL LAMB ASSOCIATES INC
RELIANCE STANDARD
RIVERSIDE SHERIFFS DEPT
SAN DIEGO MIRAMAR COLLEGE
SAN DIEGO MIRAMAR COLLEGE
SASI
SCST INC
SDG&E
SEAPORT MEAT COMPANY
SEGAL
SHARP ELECTRONICS CORPORATION
SMART & FINAL
SMART SOURCE OF CALIFORNIA LLC
SOTELO SOLIS, A
STC TRAFFIC
SWAGIT PRODUCTION LLC
SWEETWATER AUTHORITY
SYSCO SAN DIEGO INC
THE LINCOLN NATIONAL LIFE INS
TRI-GROUP CONSTRUCTION AND DEV
U S BANK
U S BANK
VERIZON WIRELESS
VISION SERVICE PLAN
WAXIE SANITARY SUPPLY
WEST COAST ARBORISTS INC
WILLY'S ELECTRONIC SUPPLY
YOUNG, G
ADDICTION MEDICINE
ADMINSURE INC
AETNA BEHAVIORAL HEALTH
ALTA LANGUAGE SERVICES INC
BIDDLE CONSULTING GROUP INC
CONCENTRA MEDICAL CENTERS
DEPARTMENT OF JUSTICE
ERGOMETRICS
HUERTA JR, R
IDEMIA IDENTITY & SECURITY USA
REDDY, R
SHARP REES STEALY MED GROUP
SMART & FINAL
STAPLES BUSINESS ADVANTAGE
STATE OF CALIFORNIA HCD
U S BANK
US BANK
NATIONAL env
INCORFOILA'i'En
WARRANT REGISTER # 29
1/14/2020
DESCRIPTION
1430 HOOVER AVE. WAREHOUSE
UNIFORM CLEANING SERVICE
PACIFIC TELEMANAGEMENT SERVICES - PAY PHONE
CAMACHO RECREATION CNTER
DEC 2019 - GRP VA1826233 / VC1801146
TRAINING TUITION 2 DISPTCH ACADEMY / PD
TRAINING CPT TUITION / PD
TRAINING ROT TEC/ESTABROOK / PD
ANNUAL BASE FEES / TRUST ACCOUNT / DEBIT
EUCLID AVE. BICYCLE & PED.
GAS AND ELECTRIC UTILITIES
FOOD / NUTRITION
TRAINING ADV LDG SUB SEGAL
MAINTENANCE 20 SHARP COPIERS FOR FY20
CAMACHO KIDS NIGHT OUT REC SUPPLIES
BUSINESS LICENSE DECALS FOR FY20
REIMB / PAPER SUPPLIES / MAYOR'S OFFICE
PROTECTED LEFT TURN
SWAGIT WEBCASTING FOR FY20
WATER BILL FOR FACILITIES FY 2020
FOOD / NUTRITION
GRP# 415491 - JAN 2020
EL TOYON PARK IRRIGATION
CREDIT CARD EXPENSES / POLICE
ANNUAL SERVICE FEE ON THE 2005 & 2011 TAB
VERIZON CELLULAR SERVICES FOR FY20
DEC 2019 - VISION SERVICE PLAN (CA)
MISCELLANEOUS JANITORIAL SUPPLIES / PW
ARBORIST SERVICE
WILLY'S MOP FY20
REIMB; YOUNG G. FLAG BOX PARKING
DOT EXAMS
AGREEMENT TO PROVIDE MONTHLY SERVICES -
EMPLOYEE ASSISTANCE PROGRAM EAP - JAN
EMPLOYEE BILINGUAL TESTING
CRITICALL ANNUAL SOFTWARE MAINTENANCE
PRE -EMPLOYMENT PHYSICALS
NEW EMPLOYEE FINGERPRINT TEST RESULTS
FIRE BATALLION CHIEF ASSESSMENT CENTER
LICENSE REIMBURSEMENT
NEW EMPLOYEE FINGERPRINT TEST SUBMISSION
TRAVEL EXPENSE REPORT
PRE -EMPLOYMENT PHYSICAL
MOP #45756/OFFICE SUPPLIES/HR
MOP #45704/COPY PAPER/HR
ASSESSMENT FOR FY 2019-2020 PUBLIC ANNUAL
CREDIT CARD EXPENSES / HR
PARS BENEFIT CONVERSION PLAN / YBARRA
CHK NO
345780
345781
345782
345783
345784
345785
345786
345787
345788
345789
345790
345791
345792
345793
345794
345795
345796
345797
345798
345799
345800
345801
345802
345803
345804
345805
345806
345807
345808
345809
345810
345811
345812
345813
345814
345815
345816
345817
345818
345819
345820
345821
345822
345823
345824
345825
345826
345827
DATE
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
1/14/20
AMOUNT
14,671.23
309.08
78.00
22,422.50
9,386.10
738.00
92.00
46.00
441.00
30,397.50
9,185.26
1,316.46
199.80
3,022.29
41.78
896.95
114.79
35,799.12
1,920.83
8,321.14
9,445.59
9,540.06
84,549.05
1,231.70
750.00
4,891.23
833.44
1,575.04
16,940.00
997.18
76.15
398.00
7,631.25
1,020.30
66.00
1,539.00
1,434.00
192.00
7,866.02
60.00
12.00
12.76
108.00
103.45
295.78
46,322.51
607.16
62,642.81
2/3
219 of 264
�.�.\ 1//
--f CALIFORNIA °-4+
NATIONAL IT `'
IN'CORFORATEn
1 1
WARRANT REGISTER # 29
1/14/2020
PAYEE DESCRIPTION CHK NO DATE AMOUNT
A/P Total 936,748.89
PAYROLL
Pay period Start Date End Date Check Date
1 12/17/2019 12/30/2019 1/8/2020
1,106,651.98
GRAND TOTAL $ 2,043,400.87
3/3
220 of 264
Certification
IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE
HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE
AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE
CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW.
MARK ROBERTS, FINANCE BRAD RAULSTON, CITY MANAGER
FINANCE COMMITTEE
ALEJANDRA SOTELO-SOLIS, MAYOR -CHAIRWOMAN
MONA RIOS, VICE -MAYOR RONALD J. MORRISON, COUNCIL MEMBER
JERRY CANO, COUNCIL MEMBER GONZALO QUINTERO, COUNCIL MEMBER
I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND
THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF
BY THE CITY COUNCIL ON THE 18th OF FEBRUARY, 2020.
AYES
NAYS
ABSENT
221 of 264
CC/CDC-HA Agenda
2/18/2020 — Page 222
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City adding the property located at 555 East 1st
Street to the Citys List of Identified Historic Sites. (Applicant: Justin Tjalma) (Case File
2020-01 HL) (Planning) **Companion Item #16**
Please scroll down to view the backup material.
222 of 264
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE:
February 18, 2020
AGENDA ITEM NO.
ITEM TITLE:
Resolution adding the property located at 555 East 1st Street to the City's List of Identified Historic
Sites. (Applicant: Justin Tjalma) (Case File 2020-01 HL)
PREPARED BY: Martin Reeder, AICP - Principal Planner DEPARTMENT: !Co ^ty Development .j
PHONE: !619-336-4313 APPROVED BY:
EXPLANATION:
The Land Use Code, Chapter 18.12.160 (Historic Properties) encourages the preservation of properties
of historical significance and provides for the maintenance of a list of historic properties. The City
Council is tasked with periodically updating the list, either by resolution or upon request by a property
owner of a potentially historic property. As of October 2019, there are 55 properties contained on the
Historic Sites List. The property owner of 555 East 1st Street is requesting that the Council add their
property to the list and has provided documentation that substantiates the significance of the residence.
The home is an excellent example of Prairie style architecture and was built by Ed Willoughby, the first
president of the National City Chamber of Commerce. The applicant has concurrently applied for a Mills
Act tax reduction, also on tonight's agenda.
The attached Background Report provides a description of the proposal in detail.
FINANCIAL STATEMENT:
ACCOUNT NO.
ENVIRONMENTAL REVIEW:
Not a project under CEQP
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
STAFF RECOMMENDATION:
Approve the request to place the property on the City's List of Identified Historic Sites.,
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Background Report
2. Description of Structure and its Historic Value
3. Site Photos
Finance
MIS
5.
Overhead
Resolution
223 of 2641
BACKGROUND REPORT
Built in 1919 by Ed and Estella Willoughby, this house is an excellent example of
Prairie Style architecture, described below. The home is situated at the
intersection of East 1st Street and "F" Avenue, where "F" Avenue starts and
heads south (see attached overhead view). This provides for a visual anchor
down the corridor of "F" Avenue. The main (front) home is approximately 2,800
square feet in size with three bedrooms, two bathrooms, a formal dining, den,
and more. The secondary (rear) home is approximately 1,000 square feet in size
with two bedrooms, two bathrooms, and a den.
The residence is significant both in its architectural style and in its occupants:
The Prairie style is usually marked by horizontal lines, flat or hipped roofs with
broad overhanging eaves, windows grouped in horizontal bands, integration with
the landscape, solid construction, craftsmanship, and discipline in the use of
ornament. Horizontal lines were thought to evoke and relate to the wide, flat,
treeless expanses of America's native prairie landscape.
The owner who originally built this home, Ed Willoughby, was the first president
of the National City Chamber of Commerce in 1911 & 1912 and was a significant
founder of banking and commerce in National City; Mr. Willoughby was the
president of National City State Bank in National City in 1912.
The current owners and applicants for this request have owned the home for
approximately four years and are responsible for its current condition. The
applicants are looking to have the property added to the City's List of Identified
Historic Sites in order to continue to be good stewards of the property. In
addition, the owners are pursuing a Mills Act tax reduction, which is also on
tonight's agenda.
The Land Use Code does not provide criteria for the placing a property on the
list, however typically a potential historic property should meet the criteria set out
by the Office of Historic Preservation. Per the Office of Historic Preservation, a
historic resource should be over 50 years old and meet, at a minimum, one of the
following criteria:
A. It is associated with events that have made a significant contribution to
local or regional history;
B. It is associated with the lives of persons important to local, California or
national history;
ATTACHMENT 1
224 of 264
C. It embodies the distinctive characteristics of a type, period, region, or
method of construction or represents the work of a master or possesses
high artistic values;
D. It has yield, or has the potential to yield, information important to the
prehistory or history of the local area, California, or the nation.
The proposed historic resource meets criteria B. and C. above. The property
meets criterion B. as it is associated with Ed Willoughby, the first president of the
National City Chamber of Commerce and President of National City State Bank.
The structure also meets criteria C. as an example of a well-preserved Prairie
style architecture constructed when the arts and crafts style movement was just
taking hold in National City.
The property was not included in either the 1989 or 1994 historic properties
surveys, most likely due to the condition of the property at that time. However, in
a database compile in 2010 for the City by Tierra Environmental Services, Inc.,
the property was listed and noted as "E", or excellent.
It is probable that, given its noted condition, the property would be added to the
list if the City Council chose to initiate a "phase two" of adding multiple properties
to the list (as most recently undertaken in October 2019). However, it is unknown
if and when this process may happen. Therefore, the applicant has self -initiated
the process and paid a fee to do so. Municipal Code section 18.12.160 (B) (2)
allows for changes to the historic properties list either by initiation by resolution
of the City Council or by application of the owner, as is the case here.
Based on the information prepared regarding the significance of the property and
its overall contribution to National City, staff recommends that the Council
approve the request to place the property on the List of Identified Historic Sites.
2
225 of 264
Description of Structure and its Historic Value
Built in 1919 by Ed and Estella Willoughby, this Prairie Style home is something to be cherished.
The home is situated on the corner of E. 1st Street and F Street, providing for a visual anchor
down the corridor of F street. The main front home is approximately 2,800 SF with 3
bedrooms, 2 %2 baths, formal dining, den and more. The back home is approximately 1,000 SF
with 2 bedrooms, 2 baths and a den.
The owner who built this home, Ed Willoughby, was the first president of the National City
chamber of Commerce in 1911 & 1912. In 1912, Ed was also the president of National City
State Bank in National City. Ed Willoughby was a significant founder of banking and commerce
in National City.
This fine home is significant in architectural style and in its occupants.
My wife and I have owned this homes for approximately 4 years and have put a labor of love
into it cleaning it up and celebrating its history. We are now raising a family here and want to
continue to be good stewards of this special residence.
Sincerely,
Justin & Heather Tjalma
late&--Tpe442--,
ATTACHMENT 2
3
ATTACHMENT 3
4
227 of 264
2020-01 M — 555 East 1st Street — Overhead
ATTACHMENT 4
5
228 of 264
CC/CDC-HA Agenda
2/18/2020 — Page 229
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 Mills Act
Historic Preservation Contract for 555 East 1st Street. (Applicant: Justin Tjalma) (Case
File 2020-01 M) (Planning) **Companion Item #15**
Please scroll down to view the backup material.
229 of 264
CITY OF NATIONAL CITY, CALIFORNIA
COU C111.._ AGENDA STATEMENT
MEETING DATE:
February 18, 2020
AGENDA ITEM NO.
ITEM TITLE:
(Resolution of the City Council of the City of National City authorizing the Mayor to execute a Mills Act
Historic Preservation Contra t for 555 East 1st Street. (Applicant: Justin Tjalma) (Case File 2020-01 M)
PREPARED BY: 'Martin Reeder, AICP — Principal Planner DEPARTMENT: Commut Development
PHONE: 619-336-4313 APPROVED BY:
EXPLANATION:
The property owner of 555 East 1st Street is requesting a Mills Act contract. The structure is a two-story Prairie
style home located on a 14,374 square -foot lot. The property is in the Small Lot Residential (RS-2) zone.
Mills Act contracts are historic preservation tools that provide property tax savings for owners in exchange for a
commitment to maintain and/or restore a historic structure. This property will be eligible once added to the City's list
of historic properties, which is addressed through a separate item on tonight's agenda. The property owner has
been continually restoring the property since it was purchased approximately four years ago. The residence is now
in its fully restored condition. The attached Maintenance Plan lists the proposed weekly, monthly, and annual items
that will be undertaken. The Mills Act contract is valid for 10 years and automatically extends for one year on the
anniversary date. The City may cancel the contract if breached or opt not to renew it if proper notice is provided.
There are currently 15 properties in the City in the Mills Act Program.
According to the San Diego County Assessor, there will be a reduction of approximately 30% in the assessed
value of the property, which translates into a property tax reduction of about $2,180 annually with respect to the
"1 %" portion of the property tax bill (the amount that comes to the City). Because the property lies within the
former redevelopment area, this reduction will be to property taxes available to the Successor Agency. The loss
to the Successor Agency would in turn impact the amount of residual balance available for distribution to other
agencies, including the City whose share would be about $440.
FINANCIAL STATEMENT: APPROVED: 11
ACCOUNT NO. APPROVED:
Finance
MIS
The action will result in a reduction in annual Successor Agency property tax revenue of approximately
$2,180. The impact on the City would be an approximate loss of $440 in residual balance distribution
revenue from the Successor Agency.
ENVIRONMENTAL REVIEW,
Not subject to CEQA
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Adopt the Resolution
BOARD / COMMISSION RECOMMENDATION:
IN/A
ATTACHMENTS:
11. Overhead 4. Mills Act Contract
2. Site Photos 5. List of current Mills Act properties
3. Maintenance Plan 6. Resolution
230 of 264
2020-01 M — 555 East 1st Street — Overhead
ATTACHMENT 1
1
231 of 264
ATTACHMENT 2
2
232 of 264
Maintenance Plan for 555 E.15t Street, National City
Items to be performed on a weekly basis:
• Visual inspection of structure and grounds.
• Removal of trash and debris.
Items to be performed on a bi-weekly basis:
• Landscaping maintenance including vegetation trimming as needed.
Items to be performed on a monthly basis:
• Inspect and treat for insect control.
Items to be performed on an annual basis:
• Visual inspection of grounds and structure.
o If any issues are identified with either, a plan will be enacted to cure issue.
ATTACHMENT 3
3
233 of 264
Recording Requested by and When
Recorded Please Mail to:
Michael R. Dalla
City Clerk
City of National City
1243 National City Boulevard
National City, CA 91950-4301
APN(s): 556-061-18 Above Space for Recorder's Use Only.
MILLS ACT CONTRACT
For property located at 555 East 1st Street
THIS MILLS ACT CONTRACT ("Contract") is entered into by and between THE
CITY OF NATIONAL CITY, a municipal corporation ("CITY") and Justin Tjalma, an
individual, and Heather Tjalma, an individual (collectively, "OWNERS").
RECITALS
WHEREAS, California Government Code Section 50280, et seq., referred to as
the Mills Act, authorizes cities to enter into contracts with the owners of "qualified historic
properties", defined in Government Code Section 50280.1, to provide for the use,
maintenance, and restoration of such historic properties so as to retain their
characteristics as properties of historic significance.
WHEREAS, Owners possess fee title to that certain real property, together with
associated structures and improvements thereon, Assessor's Parcel No. 556-061-18, and
located at the street address 555 East 1st Street, National City, California (the "Historic
Site"), on property generally described as:
ALL OF LOTS 33, 34, AND 35, AND A PORTION OF LOT 36 IN BLOCK 1
OF COOMBES PLACE, IN THE CITY OF NATIONAL CITY, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP
THEREOF NO. 1486, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, OCTOBER 23, 1912, TOGETHER
WITH A PORTION OF THE ALLEY IN SAID BLOCK 1, WHICH LIES
NORTHERLY OF AND ADJACENT TO SAID LOTS.
ATTACHMENT 4
4
234 of 264
WHEREAS, the National City Council designated the above property as a Historic
Site and it is so listed and currently eligible for listing in the "List of Identified Historic Sites
in National City". A copy of such listing is attached to this Contract as Attachment A.
WHEREAS, City and Owners, for their mutual benefit, now desire to enter into this
Contract both to protect and preserve the characteristics of historic significance of the
Historic Site and to qualify the Historic Site for an assessment of valuation pursuant to
the provisions of Article 1.9 (commencing with Section 439) of Chapter 3 of Part 2 of
Division 1 of the California Revenue and Taxation Code, and of Article 12 (commencing
with Section 50280) of Chapter 1 of Part 1 of Division 1 of the California Government
Code.
AGREEMENT
NOW THEREFORE, in consideration of the mutual benefits and covenants, CITY
and OWNERS agree as follows:
1. Effective Date and Term of Contract. This Contract shall be effective and
commence on February 18, 2020 ("Effective Date"), and shall remain in effect for
a term of ten (10) years thereafter. The initial ten-year term, and any extension
pursuant to Section 2, shall collectively be referred to hereafter as the "Term."
2. Automatic Renewal and Notice of Non -Renewal.
a. Renewal. Each year on the anniversary of the effective date of this Contract
(the "Renewal Date"), a year shall automatically be added to the initial term
of this Contract unless notice of non -renewal is mailed as provided herein.
Non -Renewal. If either OWNERS or CITY desires, in any year, not to renew
this Contract, OWNERS or CITY shall serve written notice of non -renewal
on the other party in advance of the annual Renewal Date of the Contract.
Unless such notice is served by OWNERS to CITY, in writing to the City
Council, at least ninety (90) days prior to the annual Renewal Date, or
served by CITY to OWNERS at least sixty (60) days prior to the annual
Renewal Date, one (1) year shall automatically be added to the Term as
provided herein. If either CITY or OWNERS serve notice to the other of non -
renewal in any year, the Contract shall remain in effect for the balance of
the Term then remaining, either from its original execution or from the last
renewal of the Contract, whichever may apply.
(1) Protest. Upon receipt by OWNERS of a notice of non -renewal from
CITY, OWNERS may make a written protest of the notice to the City
Council. Any protest must be received by the CITY no later than 15
days from the date of the notice of non -renewal.
c. Withdrawal of Non -Renewal. CITY may, at any time prior to the Renewal
Mills Act Agreement
Revised January 2020
Page 2 of 8
5
City of National City and
J. Tjalma and H. Tjalma
235 of 264
Date of the Contract, withdraw its notice of non -renewal.
d. City Non -Renewal. If CITY serves notice of non -renewal in any year, the
existing Term of the Contract shall remain in effect for the balance of the
period remaining since the original execution or the last renewal of the
Contract, as the case may be.
3. [Reserved]
4. Eligibility. To be eligible for this Contract, the Historic Site shall be listed and shall
remain eligible for listing in the "List of Identified Historic Sites in National City."
5. Standards for Historic Site. During the Term, the Historic Site shall be subject to
the following conditions, requirements, and restrictions:
a. Owners shall preserve and maintain the characteristics of the cultural and
historical significance of the Historic Site, and when necessary, restore and
rehabilitate the Historic Site to conform to the rules and regulations of the
Office of Historic Preservation of the Department of California State Parks,
the United States Secretary of the Interior's Standards for Rehabilitation,
and the State Historical Building Code, as amended from time to time. Work
shall be done in accordance with the attached maintenance schedule
drafted by the Owners attached to this Contract as Attachment B.
b. OWNERS shall maintain all buildings, structures, yards and other
improvements in a manner which does not detract from the appearance of
the immediate neighborhood. The following conditions are prohibited:
(1) Dilapidated, deteriorating, or unrepaired structures, such as: fences,
roofs, doors, walls and windows;
(2) Scrap lumber, junk, trash or debris;
(3) Abandoned, discarded or unused objects or equipment, such as
automobiles, automobile parts, furniture, stoves, refrigerators, cans,
containers, or similar items;
(4) Stagnant water or excavations, including swimming pools or spas;
(5) Any device, decoration, design, structure or vegetation which is
unsightly by reason of its height, condition, or its inappropriate
location.
c. Five years after the Effective Date, and every five years thereafter, City shall
inspect the interior and exterior of the Historic Site to determine Owners'
continued compliance with the Contract. Inspections required by this
Section must:
(1)
Be scheduled by prior appointment between City and Owners, and
(2) Occur no later than thirty days from the five-year anniversary
Mills Act Agreement
Revised January 2020
Page 3 of 8
6
City of National City and
J. Tjalma and H. Tjalma
236 of 264
described in this Section.
d. Owners shall allow visibility of the exterior of the structure from the public
right-of-way. Owners shall not block the view to the exterior of structure with
any new structure, such as walls, fences, or shrubbery.
e. If OWNERS apply to CITY for a permit for demolition, substantial exterior
alteration, or removal of the Historic Site, OWNERS shall attend and
participate in a scheduled hearing regarding such application before the
board or commission designated by the City Council to oversee CITY'S
historic resources prior to the issuance of such permit. CITY will endeavor
to schedule such hearing within three (3) weeks after owners submit such
application to CITY.
f. Notwithstanding the foregoing Section 5(e), if OWNERS apply to CITY for
a permit for the demolition, substantial exterior alteration, or removal of the
Historic Site, Owners shall comply with all CITY and State of California
environmental regulations, policies and requirements prior to CITY'S
issuance of the requested permit.
6. Information of Compliance. OWNERS hereby agrees to furnish CITY with any and
all information requested by CITY which CITY deems necessary or helpful to
determine compliance with the terms and provisions of this Contract.
7 Breach of Contract; Cancellation. If CITY determines that the OWNERS have
breached any of the conditions of the Contract, or have allowed the Historic Site
to deteriorate to the point that it no longer meets the standards for a "qualified
historical property", as defined by Government Code Section 50280.1, CITY shall
do one of the following:
a. Public Hearing. Cancel this Contract after CITY has given written notice of,
and has held, a public hearing on the proposed cancellation. Notice of such
hearing shall be mailed to the last known address of each of the OWNERS
within the historic zone and shall be published pursuant to Government
Code Section 6061. If CITY cancels the Contract pursuant to Section 7(a),
OWNERS shall pay those cancellation fees set forth in Government Code
Section 50286.
b. Court Action. Bring any action in court, pursuant to Section 14(e) necessary
to enforce the Contract, including, but not limited to, an action to enforce the
Contract by specific performance or injunction.
8. OWNERS' Cancellation Alternative. As an alternative to cancellation of the
Contract, OWNERS may bring any action in court, pursuant to Section 14(e),
necessary to enforce the Contract, including, but not limited to, an action to enforce
the Contract by specific performance or injunction.
Mills Act Agreement
Revised January 2020
Page 4 of 8
7
City of National City and
J. Tjalma and H. Tjalma
237 of 264
9. Binding Effect of Contract. OWNERS hereby subject the Historic Site to the
covenants, reservations and restrictions set forth in this Contract. CITY and
OWNERS hereby declare their specific intent that the covenants, reservations, and
restrictions as set forth in this Contract shall be deemed covenants running with
the land and shall pass to and be binding upon OWNERS' successors and assigns
in title or interest to the Historic Site. Each and every contract, deed, or other
instrument hereinafter executed, covering or conveying the Historic Site, or any
portion thereof, shall conclusively be held to have been executed, delivered, and
accepted subject to the covenants, reservations, and restrictions expressed in this
Contract regardless of whether such covenants, reservations, and restrictions are
set forth in such contract, deed, or other instrument. CITY and OWNERS hereby
declare their understanding and intent that the burden of the covenants,
reservations, and restrictions set forth herein, touch and concern the land, in that
OWNERS legal interest in the Historic Site is rendered less valuable thereby. CITY
and OWNERS hereby further declare their understanding and intent that the
benefit of such covenants, reservations and restrictions touch and concern the land
by enhancing and maintaining the historic characteristics and significance of the
historic Site for the benefit of CITY, the public, and OWNERS.
10. Processing Fee. OWNERS shall pay to CITY a processing fee of $2,207.
11. Notice. Any notice required to be given by the terms of this Contract shall be
provided at the address of the respective parties as specified below or at any other
address as may be later specified by either party.
To CITY:
City of National City
Director of Community Development
1243 National City Boulevard
National City, CA 91950
To OWNERS:
Justin and Heather Tjalma
555 East 1st Street
National City, CA 91950
12. Indemnity and Hold Harmless of City. OWNERS shall 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 OWNERS' performance or other obligations, including (a)
maintenance of the Historic Site by OWNERS or any contractor, subcontractor,
agent, lessee, or any other person under this Contract, and also arising out of (b)
any restrictions on the use or development of the Historic Site, from application or
enforcement of the National City Municipal Code or from enforcement of this
Contract; provided, however, that this indemnification and hold harmless shall not
Mills Act Agreement
Revised January 2020
Page 5 of 8
8
City of National City and
J. Tjalma and H. Tjalma
238 of 264
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 OWNERS 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 and shall not be restricted to insurance proceeds, if any, received by
City, officers, officials, agents, employees, and volunteers.
13. Eminent Domain. If the Historic Site is acquired in whole or in part by eminent
domain or other acquisition by any entity authorized to exercise the power of
eminent domain, and the acquisition is determined by the CITY to frustrate the
purpose of this Contract, the Contract shall be canceled and no fee shall be
imposed under Government Code Section 50286. The Contract shall be deemed
null and void for all purposes of determining the value of the property so acquired.
14. General Provisions.
a. None of the terms, provisions, or conditions of this Contract shall be
deemed to create a partnership between the parties and any of their heirs,
successors, or assigns, nor shall such terms, provisions, or conditions
cause them to be considered joint ventures or members of any joint
enterprise.
b. All of the agreements, rights, covenants, reservations, and restrictions
contained in this Contract shall be binding upon and shall inure to the benefit
of the parties herein, their heirs, successors, legal representatives, assigns
and all persons acquiring any part or portion of the Historic Site, whether by
operation of law or in any manner whatsoever.
c. If any of the provisions of this Contract are held to be unenforceable or
invalid by any court of competent jurisdiction, or by subsequent preemptive
legislation, the validity and enforceability of the remaining provisions, or
portions thereof, shall not be effected thereby.
d. This Contract shall not take effect unless and until OWNERS' signature is
notarized by a notary public. Furthermore, if an agent or representative of
OWNERS signs this Contract on behalf of OWNERS, the agent or
representative must furnish proof to the satisfaction of CITY, that the agent
or representative has authority to act on OWNERS' behalf.
e. This Contract shall be governed by the laws of the State of California. The
venue for any action shall be a court of competent jurisdiction in the County
of San Diego, State of California.
Mills Act Agreement
Revised January 2020
Page6of8
9
City of National City and
J. Tjalma and H. Tjalma
239 of 264
f. OWNERS or an agent of OWNERS shall provide written notice of this
Contract to the State Office of Historic Preservation within six (6) months of
entering into the Contract.
15. Consultation with State Commission. CITY and OWNERS may consult with the
State Historical Resources Commission for its advice and counsel on matters
relevant to historical property contracts.
16. Recordation. No later than twenty (20) days after the parties execute and enter
into this Contract, the City Clerk shall cause this Contract to be recorded in the
office of the County Recorder of the County of San Diego.
17. Amendments. This Contract may be amended only by a written and recorded
instrument executed by the parties hereto.
Mills Act Agreement
Revised January 2020
Page 7 of 8
10
City of National City and
J. Tjalma and H. Tjalma
240 of 264
18. Statutory References: A reference anywhere in this Contract to a Government
Code section, or other statutory authority, means a reference to that section as
may be later amended.
CITY OF NATIONAL CITY OWNERS OF RECORD
Date: February 18, 2020 Date:
By: By:
Alejandra Sotelo-Solis, Mayor Justin Tjalma
(Notarized Signature)
Date: Date:
Attest:
By:
By: Heather Tjalma
Michael R. Dalla, City Clerk (Notarized Signature)
APPROVED AS TO FORM:
ANGIL P. MORRIS-JONES
City Attorney
OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF
NOTARY PAGE WITH SIGNATURE AND SEAL.
Mills Act Agreement
Revised January 2020
Page 8 of 8
11
City of National City and
J. Tjalma and H. Tjalma
241 of 264
NATIONAL CITY MILLS ACT CONTRACTS
CASE FILE NO.
ADDRESS:
APPLICANT
M-2002-1
3600 E. 8th Street
Moncrieff Family Limited
Partnership
M-2002-2
926 A Avenue
Janice Martinelli
M-2002-3
1941 Highland Avenue
Celia,
Josefina Hernandez
M-2003-1
916 A Avenue
Jeannette Salazar
M-2003-2
928 A Avenue
Jeannette Salazar
M-2003-3
1433 E. 24th Street
Jim Ladd
M-2003-4
45 East Plaza Blvd.
Janice Martinelli
M-2003-5
907 A Avenue
Louise Branch
M-2005-1
906 A Avenue
Janice Martinelli
M-2006-1
910 A Avenue
Janice Martinelli
M-2006-2
934 A Avenue
Janice Martinelli
2007-44 M
2824 L Avenue
Sherri Steliga
2010-9 M
2525 N Avenue
ICF
2010-28 M
940 E. 16th Street
Janice Martinelli
2018-10 M
1430 E. 24th Street
Stephani Norton
ATTACHMENT 5
12
242 of 264
CC/CDC-HA Agenda
2/18/2020 — Page 243
The following page(s) contain the backup material for Agenda Item: 2019 Housing
Element Annual Progress Report pursuant to California Government Code Section
65400. (Planning)
Please scroll down to view the backup material.
243 of 264
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: February 18, 2020
AGENDA ITEM NO.
ITEM TITLE:
2019 Housing Element Annual Progress Report pursuant to California Government Code Section
65400. (Planning)
PREPARED BY: Raymundo Pe, Principal Planner
PHONE: 619-336-4421
EXPLANATION:
DEPARTMENT: Com
APPROVED BY:
Armando Vergar
Director of Commun
Development
Development
California Government Code section 65400 requires that each city and county prepare an annual progress
report on the status of the housing element of its general plan and progress in its implementation. The
report is due on April 1 for the previous calendar year and is submitted to the Department of Housing and
Community Development and the Governor's Office of Planning and Research. The annual progress
report fulfills state housing law requirements to report certain information, including the progress in
meeting the City's share of the Regional Housing Needs Assessment. Furthermore, submitting the report
to the state ensures that the City is eligible for grants and other funding sources that require the filing of
the report. The report is also submitted to the San Diego Association of Governments (SANDAG) to
qualify for certain discretionary funds administered by SANDAG.
FINANCIAL STATEMENT:
ACCOUNT NO. Not Applicable
APPROVED:
APPROVED:
Finance
MIS
ENVIRONMENTAL REVIEW:
No further action is required under the California Environmental Quality Act (CEQA) since the action, as
defined by CEQA, is not considered a project that has the potential to result in either a direct or indirect
physical change in the environment.
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Accept and file the report.
BOARD / COMMISSION RECOMMENDATION:
Not Applicable
ATTACHMENTS:
1. Background Report
2. Annual Progress Report
244 of 26
BACKGROUND REPORT
Government Code section 65400 requires that each city and county prepare an annual
progress report (APR) on the status of the housing element of its general plan and
progress in its implementation using forms and definitions adopted by the Department of
Housing and Community Development (HCD). The forms are used for satisfying the
reporting requirements of Government Code section 65400, subdivision (a)(2).
The forms and instructions, originally adopted March 27, 2010, have been updated to
incorporate new APR requirements pursuant to Chapter 374, Statutes of 2017 (Assembly
Bill 879) and Chapter 366, Statutes of 2017 (Senate Bill 35). The APR is submitted to the
Department of Housing and Community Development and the Governor's Office of
Planning and Research (OPR) on or before April 1 of each year using the forms and
tables specified by HCD.
Providing the report to HCD and OPR fulfills state housing law requirements to report
certain information, including the progress in meeting the City's share of the Regional
Housing Needs Assessment (RHNA). Furthermore, submitting the APR to the state
ensures that the City is eligible for grants and other funding sources that require filing of
the report. The report is also submitted to the San Diego Association of Governments to
qualify for certain discretionary funds administered by SANDAG.
The APR consists of the following tables:
• TABLE A — Housing Development Applications Submitted
Table A includes discretionary and ministerial entitlements. In 2019, no
discretionary entitlements were needed; only ministerial (building) permits were
required. Building permit applications were submitted for a total of 166 units
within 10 projects in 2019: 12 single-family detached units; 5 accessory dwelling
units; and 149 multi -family units.
• TABLE A2 — Annual Building Activity Report Summary - New Construction,
Entitled, Permits, and Completed Units.
Table A2 summarizes entitlements, permits, and completion of units during the
reporting period. Building permits were issued for 166 units within 10 projects;
only one of those units received final approval for occupancy during the 2019
reporting period.
• TABLE B — Regional Housing Needs Allocation Progress — Permitted Units
Issued By Affordability.
Table B shows the City's progress in achieving its RHNA allocation during the
housing element planning period (2013-2021). The total (beginning) RHNA
allocation is 1,863 units. Through 2019, 795 units have been permitted. The
remaining need is 1,068 units.
ATTACHMENT 1
1
245 of 264
• TABLE C — Sites Identified or Rezoned to Accommodate Shortfall Housing Need.
This requirement does not apply to the City since adequate sites were identified
in the adopted Housing Element.
• TABLE D — Program Implementation Status pursuant to Government Code
section 65583.
Table D provides the status of the implementation of programs in the adopted
Housing Element.
• TABLE E — Commercial Development Bonus Approved pursuant to Government
Code section 65915.7.
No units were produced in the City using this provision of the Government Code.
• TABLE F Units Rehabilitated, Preserved and Acquired for Alternative Adequate
Sites pursuant to Government Code section 65583.1, subdivision (c)(2).
No units were produced in the City using this provision of the Government Code.
• TABLE G Locally Owned Lands Included in the Housing Element Sites Inventory
that have been sold, leased, or otherwise disposed of.
One property (130 East 8th Street) was disposed of during the 2019 reporting
period. The property was transferred to a developer, Protea National City, LLC.
Units are identified by affordability by household income as established by HCD's income
limit charts. The household income categories are based on the area median income
(AMI) for San Diego County, which was $86,300 for a family of four in 2019.
• Very low-income households (50% AMI)
• Low-income households (80% AMI)
• Moderate -income households (120% AMI)
• Above -moderate households (>120% AMI)
Unit types are categorized as one of the following:
• Single-family detached units
• Single-family attached units
• Two to four unit structure
• Five or more unit structure
• Accessory dwelling unit
• Mobile home/manufactured home
Units are identified as either proposed or planned at initial occupancy for either renter
occupant (R) or owner occupant (0) where apparent at the time of project application.
2
246 of 264
Jurisdiction National City
Reporting Year 2019 (Jan. 1 - Dec. 31)
Building Permits Issued by Affordability Summary
Income Level
Current Year
Very Low
Deed Restricted
0
Non -Deed Restricted
0
Low
Deed Restricted
0
Non -Deed Restricted
0
Moderate
Deed Restricted
0
Non -Deed Restricted
0
Above Moderate
166
Total Units
166
Note: Units serving extremely low-income households are included in the very low-
income permitted units totals
Housing Applications Summary
Total Housing Applications Submitted:
0
Number of Proposed Units in All Applications Received:
166
Total Housing Units Approved:
166
Total Housing Units Disapproved:
0
Use of SB 35 Streamlining Provisions
Number of Applications for Streamlining
0
Number of Streamlining Applications Approved
0
Total Developments Approved with Streamlining
0
Total Units Constructed with Streamlining
0
Units Constructed - SB 35 Streamlining Permits
Income
Rental
Ownership
Total
Very Low
0
_ 0
0
Low
0
0
0
Moderate
0
0
0
Above Moderate
0
0
0
Total
0
0
0
Cells in grey contain auto -calculation formulas
ATTACHMENT 2
3
247 of 264
Jurisdiction National City
Reporting Year
2019 (Jan.1- Dec. 31(
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §5202)
Note: "+" indicates an optional field
Cells in grey contain auto -calculation formulas
Table A
Nous ng Development Applications Submitted
Project Identifier
Unit Types
Date
Application
Submitted
Proposed Units -Affordability by Household Incomes
Total
.Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining
Notes
1
2
3
4
5
6
7
8
9
10
Prior APR'
Current APN
StreetAddress
Protect Name'
Local Jurisdiction
Tracking 10'
Unit Category
(SFA.SFD,2 to
4,5+,ADU,MH)
Tenure
ReRenter
0=Ownet
Dab
Application
submitted
Vary Low-
Income
Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low-
Income
Deed
Restricted
Low -Income
Non Deed
Restricted
Moderate-
be come
Deed
Deed
Moderate-
Income
Non Deed
Restricted
Above
e-
Mod4 me
Income
m
PROPOSED
Total
APPROVED
Total
66SAPPROVED
Was APPLICATION
Notes'
SUBMITTED
Units by Project
(Auto-calculated
(Autoalculated
Can Be
Overwritten)
Pursuant to GC
65913.4(b)7
(GB 35
Streamlining)
Units by Project
Units by project
Summary Row Start
Data Entry Below
o
9
0
0
0
0
16e
Ice
lee
0
0
557-200.27.00
1033.r.6w or
SFD
0
0.192010
1
1
1
No
516.e2.12A9
962 E. 1st SL
ADU
R
0292019
1
1
I
No
557ae0a2-00
soss.•r•are.
SFD
0
6240019
1
1
1
No
562222+9220
1025.2 Ave.
2Av. 10He.
SFD
R
12/92019
10
10
10
NO
551.2902B00
2127E111661.
ADU
R
252919
1
1
1
No
554211-1,00
1205 E. 2e41 sL
ADU
R
memo
1
1
1
No
560071-19a0
2921Lao113r4Sl.
ADU
R
8112919
7
1
1
No
590.142a0.00
112616900e140.
ADU
R
9252019
1
1
6
No
ss-tso-la.ao
OS s.•v A...
rano.. s.norAa.nawn
Comm a
5+
R
ivtfH2919
136
136
136
No
5516912121410
2530E111m eta,
5+
R
21e2019
13
13
13
No
4
248 of 264
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units
Project Identifier
Unit Types
Affordability by Household Incomes - Completed Entitlement
1
2
3
4
5
6
Prior APR'
Current APN
Street Address
Project Name{
Local Jurisdiction
Tracking IDS
Unit Category
(SFA,SFD,210
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed Restricted
Low- Income
Deed Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Entitlement
Date Approved
# of Units issued
Entitlements
Summary Row: Start
Data Entry Below
0
0
0
0
0
0
166
166
557-290.27-00
1033 Paradise Dr.
SFD
0
1
611912019
1
5564382.12.00
942 E. 181 SI.
ADU
R
1
4122019
1
557-060-32-00
506 S. T Ave.
SFD
0
1
4242019
1
560.22242-00
1825'C'Ave,
C'Ave.10Plea
SFD
R
10
12/9/2019
10
557490-08-00
2127E 1101 SL
ADU
R
1
6e2019
1
1
554 011.1740
1205 E. 2nd SI.
ADU
R
1
v1012019
1 .
564-071-19-00
2921 Leaned SI.
ADU
R
1
8112019
1
560-142-08-00
1726 Hoover Ave.
ADU
R
1
0/2512019
1
557-150-13-00
525 5. V Ave
Paadrce Senior Apartment
Complex
5+
R
136
12/192019
136'
558-091-27-00
MO E. Plaza Blvd.
5+
R
13
6/1812019
13:
5
249 of 264
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units
Project Identifier
Affordability by Household Incomes - Building Permits
7
8
9
Current APN
Street Address
Project Name
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Building Permits
Date Issued
# of Units Issued
Building Permits
0
0
0
0
0
0
166
166
557-290-27-0D
1033 Paradise Dr.
1
8/19/2019
1
556-082-12-00
942 E. 10l St.
1
8/29/2019
1
557-060-32-00
505 S. 'T Ave.
1
4/24/2019
1
560-222-42-0D
1825'C' Ave.
C' Ave. 10 Plex
10
12/9/2019
10
557-290-08-00
2127 E. 11th St.
1
8/5/2019
1
554-011-17-00
1205 E. 2nd St.
1
1/10/2019
1
564-071-19-00
2921 Leonard St.
1
8/1/2019
1
560-142-08-00
1726 Hoover Ave.
1
9/25/2019
1
557-150-13-00
625 S.'V' Ave.
Paradise Senior Apartment
Complex
136
12/19/2019
136
558-091-27-00
2530 E. Plaza Blvd.
13
6/18/2019
13
6
250 of 264
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units
Project Identifier
Affordability by Household Incomes - Certificates of Occupancy
10
11
12
Current APN
Street Address
Project Name'
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Certificates of
Occupancy or other
forms of readiness
(see instructions) Date
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
Issued
0
0
0
0
0
0
1
1
557-290-27-00
1033 Paradise Dr.
0
556-082-12-00
942 E. 1st St.
0
557-060-32-00
505 S. 'T' Ave.
0
560-222-42-00
1825'C' Ave.
C' Ave. 10 Piex
0
557-290-08-00
2127 E. 11th St.
0
554-011-17-00
1205 E. 2nd St.
1
7/29/201 9
1
564-071-19-00
2921 Leonard St.
0
560-142-08-00
1726 Hoover Ave.
0
557-150-13-00
625 S. 'V' Ave.
Paradise Senior Apartment
Complex
0
558-091-27-00
2530 E. Plaza Blvd.
0
251 of 264
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units
Project Identifier
Streamlining
Infill
Housing with Financial Assistance
and/or Deed Restrictions
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction
Demolished/Destroyed Units
Notes
13
14
15
16
17
18
19
20
21
Current APN
Street Address
Project Name'
How many of the
units were
Extremely Low
Income?'
Was Project
APPROVED using
Intill Units?
Y/N'
Assistance Programs
for Each Development
(see instructions)
Deed Restriction
Type
(see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Aftortlability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)'
Number of
DemolishedlDest
royed Units'
pemolished or
Destroyed Units`
Demolished/De
stroyed Units
Owner or
Renter
Notes'
GC 65913.4(b)7
(56 35 Streamlining)
Y/N
0
0
0
0
0
557-290-27-00
1033 Paraffin 0i.
555-082-12-00
942 E. 1st SL
557-06032-00
505 S.T Ave.
560-222.2•00
1825 .C' Ave.
C' Ave. 10 Ilex
557-296-0e-00
2127 9.11th sL
554-011-17-00
1205 E.2nel St
564071.19-00
2921 Leonard St,
580.142-09-00
1726 Hower Ave.
557-150-13-00
625 S..V Ave.
Paradise Senior Apartment
Complex
558-091.27-00
2530 E. Plaza ehd,
8
252 of 264
Jurisdiction
National City
Reporting Year
2019
(Jan. 1 - Dec. 31)
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
This table is auto -populated once you enter your jurisdiction name and current year data. Past year
information comes from previous APRs.
Please contact HCD if your data is different than the material supplied here
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
1
2
3
4
Income Level
RHNA Allocation
by Income Level
2013
2014
2015
2016
2017
2018
2019
2020
2021
Total Units to
Date (all years)
Total Remaining
RHNA byincome
Level
Very Low
Deed Restricted
465
45
45
420
Non -Deed Restricted
Low
Deed Restricted
353
8
108
116
237
Non -Deed Restricted
Moderate
Deed Restricted
327
163
164
Non -Deed Restricted
1
46
116
Above Moderate
718
67
16
143
12
7
60
166
471
247
Total RHNA
1863
Total Units
75 125 143 103 123 60 166 795 1068
ote: units serving extremely low-income households are included in the very low-income permitted units totals
Cells in grey contain auto -calculation formulas
9
253 of 264
'Jurisdiction Redone' City
Reportlng Year 2019 (Jan. 1 - Dec. 31)
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Note: "0 Indicates an optional geld
Cells In grey contain auto-wlculekon formulas
Tab e C
Project Identifier
Date o1 Rezone
Sites Identified or Rezoned to Accommodate Shortfall Housing Need
RHNA Shortfall by Household Income Category
Type of Shortfall
Sites Description
APN
Street Addreee
Protect Name'
Local Jurisdiction
Tracking ID'
Date of Rezone
Very Low -Income
Low -Income
Moderate -Income
Above Moderate -
Income
Type of Shortfall
Parcel She
(Acres)
General Plan
Designation
—Zoning
Minimum
Density Allowed
Maximum
Density Allowed
Realistlo
Capacity
Vacant/Nonvacant
DexdpUon of Existing
Uses
Summary Row: Start Data Entry Below
10
254 of 264
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Jurisdiction National City
Reporting Year 2019 (Jan. 1 - Dec. 31)
Table D
Program Implementation Status pursuant to GC Section 65583
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
1
2
3
4
Name of Program
Objective
Timeframe in H.E
Status of Program Implementation
1. Rental Rehabilitation
Program.
Rehabilitate an average of 10 units per
year.
Rehabilitate an average of
ten units per year for a total
of 80 units during the eight -
year planning cycle.
368 rental units know as Summercrest Apartments began rehabiliation in 2018.
2. Ownership Housing
Rehabilitation Program.
Rehabilitate an average of five units per
year.
Rehabilitate an average of
five units per year for a total
of 40 units during the eight -
year planning cycle.
No single-family units rehabilitated during the calendar year and 11 to -date during the
planning cycle.
3. Code Enforcement
Program.
Abate an average of 250 cases per year.
Abate an average of 250
cases per year for a total of
2,000 cases during the eight -
year planning cycle.
44 housing -related code violations were abated during the calendar year and over 1,335
to -date during the planning cycle.
4. Housing Inspection
Program
Inspect an average of 128 units per year.
Inspect an average of 128
units per year for a total of
1,024 units during the eight -
year planning cycle.
156 housing units were inspected during the calendar year and over 1,646 to -date
during the planning cycle.
5. At -Risk Housing Program.
Conserve the affordability of 795 housing
units at risk of converting to market rate.
Monitor status of at -risk units
annually during the eight-
year planning cycle.
No at -risk units converted to market rate during the calendar year. 368 units preserved
at Summercrest Apartments.
6. Housing Choice Voucher
(Section 8) Rental
Assistance Program.
Maintain 137 units of project -based housing
and 1,022 tenant -based vouchers.
Monitor annually during the
eight -year planning cycle.
Continued to maintain 137 project -based and 1,022 tenant -based vouchers.
7. Tenant Relocation
Program.
Relocate any tenants displaced due to
code enforcement.
Continue to offer the
program during the eight-
year planning cycle.
One tenant was relocated during the calendar year and 12 to -date during the planning
cycle.
8. Housing Stock Conditions
Program.
Estimate of the number of dwelling units in
need of repair or replacement.
Conduct survey annually
during the eight -year
planning cycle.
The last survey was conducted in 2010.
11
255 of 264
9. Clean-up Events
Program.
Conduct an average of four events per
year.
Conduct an average of four
events annually for a total of
32 events during the eight -
year planning cycle.
One clean-up event during the calendar year and 13 to -date during the planning cycle.
10. Developer Information
Program.
Update and maintain informational
materials as policies, standards, guidelines,
and ordinances are amended or adopted.
Update as policies,
standards, guidelines, and
ordinances are amended or
adopted during the eight -
year planning cycle.
Ongoing updates as polices are amended or adopted.
11. GIS Database Program.
Update database as new information
becomes available in a compatible format.
Monitor data sources and
update upon availability
during the eight -year
planning cycle.
Ongoing updates to database as needed and as available.
12. Community Housing
Development Organizations
Program.
Identify and fund CHDOs to pursue
affordable housing projects and programs.
Conduct outreach annually
as part of the budget
process and as funding
sources become available
during the eight -year
planning cycle.
Four units rehabilitated to -date during the planning cycle.
13. New Construction
Program.
Production of housing units to meet the
RHNA allocation.
Conduct outreach annually
as part of the budget and
CIP process and as funding
sources become available
during the eight -year
planning cycle.
Permits for 60 units were issued during the calendar year.
14. Construction Assistance
Program.
Development community awareness of
available housing programs.
Conduct outreach annually
as part of the budget and
CIP process and as funding
sources become available
during the eight -year
planning cycle.
Ongoing through the annual budget and CIP adoption process at public workshops and
hearings.
15. Production Priorities
Program.
Communicate housing policy objectives to
prospective developers and encourage and
facilitate projects that implement Housing
Element policies.
Ongoing as part of the pre-
application and consultation
process during the eight -
year planning cycle.
Ongoing outreach to communicate policy objectives to prospective developers.
16. Housing Element Annual
Report.
Submit report to Department of Housing
and Community Development prior to the
statutory deadline.
Prepare and submit annually
pursuant to statute during
the eight -year planning
cycle.
The annual progress report is prepared for each calendar year and submitted to HCD,
OPR, and SANDAG.
17. Design Guidelines
Program.
Improvement in the quality of design in
construction through the implementation of
design guidelines.
Ongoing as part of the pre-
application and consultation
process during the eight -
year planning cycle.
Ongoing implementation during the project consultation and entitlement process.
12
256 of 264
18. Fair Housing
Requirements Program.
Implement actions to address fair housing
issues through CDBG and HOME activities.
Update Al in conjunction
with Consolidated Plan
updates and implement on
ongoing basis during the
eight -year planning cycle.
Addressed Impediments to Fair Housing through the implementation of the Fair Housing
Action Plan as reported in the Consolidated Annual Performance and Evaluation Report
to the U.S. Department of Housing and Urban Development.
19. Fair Housing
Organizations.
Fair housing practices and informed
housing consumers and suppliers.
Conduct outreach annually
as part of the budget and
CIP process and as funding
sources become available
during the eight -year
planning cycle.
Ongoing fair housing services are provided by CSA San Diego County.
20. Fair Housing Training
Program.
In new projects of 10 or more units, training
of staff in fair housing administration.
Refer to contracted
providers prior to occupancy
of new projects during the
eight -year planning cycle.
Ongoing fair housing services are provided by CSA San Diego County.
21. State Energy
Conservation Program.
Achieve State energy conservation
standards for housing.
Conduct on an ongoing
basis as part of the
development review,
permitting, and enforcement
processes during the eight -
year planning cycle.
Ongoing implementation during the project consultation and entitlement process.
22. Community Land Trust
(CLT) Program.
Allow the establishment of community land
trusts as needed.
Conduct outreach annually
as part of the budget and
CIP process and as funding
sources become available
during the eight -year
planning cycle.
In 2013, the Housing Element was updated to allow community land trusts. The City has
entered into an Agreement with Habitat for Humanity and San Diego Community Land
Trust to develop 6 to 12 units under the Community Land Trust model.
23. Extremely -Low Income
Housing Program.
Production of 233 units of housing
affordable to extremely -low income
households.
Conduct outreach annually
as part of the budget and
CIP process and as funding
sources become available
during the eight -year
planning cycle.
11 extremely -low income units were produced during the calendar year and 23 to -date
during the planning cycle.
24. Land Use Code
Monitoring Program.
Implementation of the General Plan,
including Housing Element policies.
Monitor and report annually
as part of the General Plan
Annual Progress Report
during the eight -year
planning cycle.
The annual progress report is prepared for each calendar year and submitted to HCD,
OPR, and SANDAG.
13
257 of 264
Jurisdiction National City
Reporting Period
2019
(Jan. 1 - Dec. 31)
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Note: "+" indicates an optional field
Cells in grey contain auto -calculation
formulas
Table E
Commercial Development Bonus Approved pursuant to GC Section 65915.7
Project Identifier
Units Constructed as Part of Agreement
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
2
3
4
APN
Street Address
Project Name'
Local Jurisdiction
Tracking ID.
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Annual Progress Report
14
January 2020
258 of 264
Jurisdiction
National City
Reporting Period
2019
(Jan. 1 - Dec. 31)
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Note: "+" indicates an optional field
Cells in grey contain auto -calculation formulas
Table F
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c)(2)
This table is optional. Jurisdictions may list (for informational purposes only) units that do not count toward RHNA, but were substantially rehabilitated, acquired or preserved. To enter units in this table as progress toward RHNA, please contact HCD at
APR@hcd.ca.gov. HCD will provide a password to unlock the grey fields. Units may only be credited to the table below when a jurisdiction has included a program in its housing element to rehabilitate, preserve or acquire units to accommodate a portion of its
RHNA which meet the specific criteria as outlined in Government Code section 65563.1(c)(2).
Activity Type
Units that Do Not Count Towards RHNA`
Listed for Informational Purposes Only
Units that Count Towards RHNA'
Note - Because the statutory requirements severely limit what can be
counted. please contact HCD to receive the password that will enable you
to populate these fields.
The description should adequately document how each
unit complies with subsection (c)(7) of Government
Code Section 65583.1'
Extremely Low-
Income'
Very Low -Income'
Low -Income"
TOTAL UNITS'
Extremely Low-
Income'
Very Low -
Income'
Low -Income'
TOTAL UNITS
Rehabilitation Activity
Preservation of Units At -Risk
Acquisition of Units
Total Units by Income
Annual Progress Report
15
January 2020
259 of 264
Jurisdiction National City
Reporting Period
2019 (Jan. 1 - Dec. 31)
NO I L: I his table must only be tilled out it the housing element sites
inventory contains a site which is or was owned by the reporting
jurisdiction, and has been sold, leased, or otherwise disposed of
during the reporting year.
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Note: "+" indicates an optional field
Cells in grey contain auto -calculation
formulas
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of
Project Identifier
4
APN
Street Address
Project Name+
Local Jurisdiction
Tracking ID'
Realistic Capacity
Identified in the
Housing Element
Entity to whom the site
transferred
Intended Use for Site
Summary Row: Start Data Entry Below
55647226
130 East 8th Street
TBD
32
Protea National City, LLC
Multi -unit residntial/mixed-use
16
260 of 264
CC/CDC-HA Agenda
2/18/2020 — Page 261
The following page(s) contain the backup material for Agenda Item: Commercial
Cannabis fiscal analysis, Outreach October survey results and discussion and direction
from City Council to staff regarding additions to the proposed commercial cannabis
ordinance. (City Manager)
Please scroll down to view the backup material.
261 of 264
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: February 18, 2020
AGENDA ITEM NO.
ITEM TITLE: City Council Cannabis Policy Direction
Commercial Cannabis fiscal analysis, outreach October survey results and discussion and direction from City
Council to staff regarding additions to the proposed commercial cannabis ordinance.
PREPARED BY:
Megan Gamwell, Economic Development Specialist
PHONE: 619-336-4216
EXPLANATION:
Staff is returning to council to provide a detailed fiscal analysis based on the direction received at the September
17th meeting and results of the community workshop and survey. Based on the results of the fiscal analysis and
cannabis outreach, staff will also be seeking direction from council on whether or not to include an additional 3
locations in the Commercial Tourism zones west of 1-5 in which commercial cannabis operations may be
permitted and include consumption lounges as an allowable business type in the ordinance.
City Manager's Office
DEPARTMENT:
APPROVED BY:
FINANCIAL STATEMENT:
ACCOUNT NO.
ENVIRONMENTAL REVIEW:
n/a
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Staff is seeking direction on expanding the proposed number of cannabis business operations from 3 to 6 with 3 remaining in the
originally proposed Industrial Zone and 3 being added to the areas zoned Commercial Tourism (CT) in the Marina District west of I-5.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. City staff report
2. Survey Results
3. Staff PowerPoint Presentation
262 of 264
Attachment 1
February 18, 2020
BACKGROUND REPORT
The City of National City currently prohibits all commercial cannabis activity, including cultivation,
manufacturing, distribution, retail and delivery, and testing facilities. This prohibition is codified in Section
10.14.020 of the National City Municipal Code ("Commercial marijuana activity —Prohibited").
Over the course of the past year the City has been exploring options for allowing limited commercial
cannabis activity. On June 18, 2019 City Council authorized staff to retain the services of HdL to assist
with community outreach and development of a draft cannabis ordinance, an application review process
and cost recovery fees. HdL worked with City staff to develop an initial evaluation of the potential cannabis
industry in the City, including the number of different types of cannabis businesses that may be expected
to locate in the City and their potential impacts.
On September 17, 2019, HdL presented its initial findings to the City Council, after which the Council
provided direction to staff to develop an ordinance that would allow up to three cannabis businesses, to be
located in the City's industrial zones. The Council did not limit the types of cannabis businesses that would
be allowed but retail uses would only be permitted as an accessory use to cultivation, manufacturing or
distribution, due to existing restrictions in the industrial zone. The City also made clear that each of these
three businesses may conduct multiple cannabis activities at a single location, so that they could each
conceivably include a combination of cultivation, manufacturing, distribution and retail. The City
determined to generate revenue from these businesses through development agreements rather than a
cannabis tax.
HdL further assisted the City in developing a survey to gather input from the community to help guide the
development of its cannabis regulatory program, including community impacts to be addressed through
regulations and programs to be funded through community benefit fees. As part of the City's Outreach
October campaign, the survey was posted online from October 16th through November 5th and was also
provided in hardcopy form at an October 22nd community workshop on cannabis issues.
Staff is returning to council to provide a detailed fiscal analysis based on the direction received at the
September 17th meeting and results of the community workshop and survey. Based on the results of the
fiscal analysis and cannabis outreach, staff will also be seeking direction from council on whether or not to
include an additional 3 locations in the Commercial Tourism zone west of I-5 in which commercial cannabis
operations may be permitted and include consumption lounges as an allowable business type in the
ordinance.
Discussion Item #1: Fiscal Analysis To further assist with development of its cannabis program, the City
has requested that HdL provide a more detailed fiscal analysis to specifically consider the amount of
revenue that could be generated through a community benefits fee as a part of the development agreement
for each of the 3 permitted cannabis businesses. The City has requested that this analysis also provide
recommended community benefits fees or a fee structure that would approximate the same fiscal burden
that would be imposed on cannabis businesses using a cannabis business tax with common tax rates, so as
to be competitive with other jurisdictions. This study also includes a discussion of general economic
impacts in the form of jobs, supporting businesses, and other economic activity.
Discussion Item #2: Inclusion of Consumption Lounges with an Adult -Use Retail License Staff is
seeking direction on expanding the proposed number of cannabis business locations from 3 to 6 with 3
263 of 264
Attachment 1
remaining in the originally proposed Industrial Zone and 3 being added to the areas zoned Commercial
Tourism (CT) in the Marina District west of 1-5.
Discussion Item #3: Next Steps If council directs staff to move forward with the recommendations as
presented, staff will return with a detailed Commercial Cannabis Ordinance and changes to title
18.30.340-Commecial marijuana activity. The detailed ordinance will address the rules and regulations
surrounding commercial cannabis activity within the city, initial application procedures and security
requirements. Following the adoption of an ordinance staff will begin drafting a boiler plate Development
Agreement, outline a fee structure for full cost recovery of the application and review process and
develop rates for each commercial cannabis activity type as allowed in the Commercial Cannabis
Ordinance.
264 of 264