HomeMy WebLinkAboutAgenda Packet - 02-18-2020 CC HA Agenda - NOT FINALAGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/
COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF
THE CITY OF NATIONAL CITY
CALIFORNIA
NATIONAL Orr
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�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
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adopted by approval of a single motion by the City Council. Prior to such approval, any item may be
removed from the consent portion of the agenda and separately considered upon request of a
Councilmember, a staff member, or a member of the public.
Upon request, this agenda can be made available in appropriate alternative formats to persons with a
disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at
(619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior
to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this
meeting.
Spanish audio interpretation is provided during Elected Body Meetings. Audio headphones are available
in the lobby at the beginning of the meeting.
Audio interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos
estan disponibles en el pasillo al principio de la junta.
Spanish to English interpretation services are available to members of the public who wish to speak to
the City Council during the meeting. "Request to Speak" forms requesting interpretation must be filed
within the first two hours of the meeting.
Espanol a los servicios de interpretacion Ingles de audio esta disponibles para los miembros del publico
que desean hablar con el Ayuntamiento durante del Consejo Municipal. "Solicitud para hablar de" formas
solicitud de interpretacion deben ser presentadas dentro de las dos primeras horas del Consejo
Municipal.
COUNCIL REQUESTS THAT ALL CELL PHONES AND PAGERS BE TURNED OFF DURING CITY
COUNCIL MEETINGS.
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OPEN TO THE PUBLIC
A. CITY COUNCIL
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE TO THE FLAG
PUBLIC COMMENTS (THREE -MINUTE TIME LIMIT)
PROCLAMATIONS AND CERTIFICATES
1. National City 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
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Agreement to March 30, 2021, and authorizing the Mayor to execute the
Agreement. (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 Agreement.
(Engineering/Public Works)
6. 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)
7. 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 by one year to December 4, 2020, and authorizing the Mayor
to execute the Amendment. (Engineering/Public Works)
8. Resolution of the City Council of the City of National City: 1) authorizing
the Mayor to execute a three-year Agreement with Loma Media, Inc. for a
not -to -exceed amount of $250,000 to provide on -call project support
services for National City, including, but not limited to, Graphic
Design/Web Design, Community Outreach, Grants Management, Public
Relations and Government Affairs and Polling and Analysis; and 2)
authorizing the City Manager to execute any project -specific supplemental
agreements, as may be required. (City Manager)
9. 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)
10. Resolution of the City Council of the City of National City authorizing the
City Manager to execute a Confidentiality and Hold Harmless Agreement
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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)
11. 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 East 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)
12. 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
East 8th Street (TSC No. 2019-19). (Engineering/Public Works)
13. 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
another public agency, the City of Tecate, in accordance with State Law
and Municipal Code Section 2.42.040B. (Fire)
14. Warrant Register #28 for the period of 1/1/20 through 1/7/20 in the amount
of $1,067,876.73. (Finance)
15. 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
16. Public Hearing and Adoption of a Resolution of the City Council of the City
of National City 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) (Planning) **Companion Item #17**
17. Public Hearing and Adoption of a 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 #16**
NON CONSENT RESOLUTIONS
NEW BUSINESS
18. Resolution of the City Council of the City of National City adopting
National City's INTRA-Connect Plan (Integrating Neighborhoods with
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Transportation Routes for All), funded by a $330,000 Caltrans Sustainable
Transportation Planning Grant. (Engineering/Public Works)
19. Commercial Cannabis fiscal analysis, Outreach October survey results
and discussion and seeking direction from the City Council to Staff
regarding additions to the proposed Commercial Cannabis ordinance.
(City Manager)
20. 2019 Housing Element Annual Progress Report pursuant to California
Government Code Section 65400. (Planning)
B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY
CONSENT RESOLUTIONS - HOUSING AUTHORITY
PUBLIC HEARINGS: RESOLUTIONS - HOUSING AUTHORITY
NON CONSENT RESOLUTIONS - HOUSING AUTHORITY
NEW BUSINESS - HOUSING AUTHORITY
C. REPORTS
STAFF REPORTS
21. 2020 Housing Road Map. (Housing Authority)
22. March Forward Outreach Efforts. (City Manager)
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.
The March 3, 2020 Regular Meeting of the City Council and Community
Development Commission - Housing Authority of the City of National City
will not be held due to the Municipal Election being held on that date.
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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.
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Item #
02/18/20
National City Recognizes Barbara Chappell -Brown
in Celebration of Black History Month
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The following page(s) contain the backup material for Agenda Item: Motion of the City
Council of the City of National City approving the waiving of the reading of the text of
the Ordinances 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.
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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)
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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.
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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)
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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
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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.
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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.
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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.
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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.
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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
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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.
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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
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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.
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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.
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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.
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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.
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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)
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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.
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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.
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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
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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.
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Book 101 / Page 192
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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.
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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.
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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.
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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.
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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
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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
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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.
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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.
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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.
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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.
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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
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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,
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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),
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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.
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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.
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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
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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
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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)
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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.
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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
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Book 101 / Page 212
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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
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Book 101 / Page 213
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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.
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Book 101 / Page 214
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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.
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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.
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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.
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Book 101 / Page 217
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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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)
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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.
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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)
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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
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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.
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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)
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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)
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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.
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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.
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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')
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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.
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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.
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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)
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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.
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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.
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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.
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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.
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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)
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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)
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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
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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
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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
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Book 102 / Page 7
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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
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Book 102 / Page 8
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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
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Book 102 / Page 9
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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
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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
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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
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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
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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
Agreement. (Engineering/Public Works)
Please scroll down to view the backup material.
98 of 426
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 Agreement.
PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil C-ia, DEPARTMENT: Engineering/Public Works
PHONE: 619-336-4388 APPROVED BY:
EXPLANATION:
On April 16, 2019, per City Council Resolution No. 2019-40, the City of National City enter into a'fi 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.
FINANCIAL STATEMENT:
ACCOUNT NO.
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adopt resolution 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
and authorizing the Mayor to execute the Agreement.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. First Amendment to Agreement
2. Resolution
199 of 4261
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 and
entered 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, and matched funds collections to
meet the requirements of a grant from the California Department of Forestry and Fire Protection.
WHEREAS, the original term of the Agreement expired on March 1, 2020.
WHEREAS, the parties desire to amend the Agreement to extend the term of the
Agreement for one year, expiring March 30, 2021.
NOW, THEREFORE, the parties hereto agree:
1. The Agreement entered into on April 16, 2019 shall be amended to extend the term
of the Agreement for one year, expiring March 30, 2021.
2. 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.
1N 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]
First Amendment — Grant Coordination Page 1 of 2
City of National City and
February 2020 West Coast Arborists, Inc.
100 of 426
CITY OF NATIONAL CITY
By:
Alejandra Satelo-Solis, Mayor
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney
By:
Roberto M. Contreras
Deputy City Attorney
WEST COAST ARBORISTS, INC., A
CALIFORN CORPORATI
(Corporation - sig rres two corporate o
By:
(Print)
Patrick Mahoney
President
(Title)
Secretary
(Title)
First Amendment — Grant Coordination Page 2 of 2 City of National City and
February 2020 West Coast Arborists, Inc.
101 of 426
RESOLUTION NO. 2020 -
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
WHEREAS, in 2015, the City of National City was awarded an Urban & Community
Forestry Greenhouse Gas Reduction Fund grant in the amount of $276,685 through the California
Department of Forestry and Fire Protection (CAL FIRE) to develop an Urban Forest Management
Plan for National City which included conducting a Geographic Information System (GIS)-based
City tree inventory estimated at 10,000 trees, developing a long-range Urban Forestry
Management Plan, updating corresponding City Council policies and ordinances, creating a
National City Urban Forest webpage, and providing a web -based tree maintenance scheduling
interface for residents; and
WHEREAS, in 2015, the City contracted with West Coast Arborist, Inc. (WCA), a
highly qualified and reputable contractor in the field of urban forestry, to assist the City's park
maintenance staff with addressing the growing backlog of tree trimming requests for service and
through implementation of a grid -based tree trimming program, WCA proved to be effective in
assisting City crews with clearing the backlog, which allowed City crews to focus on maintaining
their tree trimming schedule; and
WHEREAS, on May 22, 2017, the City of National City was awarded an Urban and
Community Forestry Grant in the amount of $650,800 through CAL FIRE to fund the purchase,
planting and initial maintenance of 1,700 trees, to be performed by a contractor and competed by
March 2020; and
WHEREAS, an additional requirement of the Urban and Community Forestry
Grant is to involve the community in tree planting, care, and foster stewardship while educating
residents about the importance of an urban forest and greenhouse gas reduction, therefore, the
City desired to employ a contractor to provide grant coordination services which included
providing volunteer group workshop trainings, tree and site selection processing, and matched
funds collections to meet the requirements of the grant; and
WHEREAS, on May 15, 2018, per Resolution No. 2018-72, City Council awarded
a contract to West Coast Arborist, Inc. (WCA) for the planting of 1,700 trees citywide to be
completed by March 30, 2020; and
WHEREAS, the Agreement with WCA is set to expire on March 1, 2020; and
WHEREAS, 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.
102 of 426
Resolution No. 2020 —
Page Two
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute 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.
PASSED and ADOPTED this 18th day of February, 2020.
Alejandra Sotelo-Solis, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney
103 of 426
CC/CDC-HA Agenda
2/18/2020 — Page 104
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 Agreement.
(Engineering/Public Works)
Please scroll down to view the backup material.
104 of 426
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 Agreement.
PREPARED BY: Carla Hutchinson, Assistant Engineer - CiviC.\\, DEPARTMENT: Engineering/Public Works
PHONE: 619-336-4388 APPROVED BY:
EXPLANATION:
On May 15, 2018, per City Council Resolution No. 2018-72, the City of National City ented 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 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 and
authorizing the Mayor to execute the Agreement.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. First Amendment to Agreement
2. Resolution
105 of 426
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 and
entered into an Agreement with WEST COAST ARBORISTS, INC. ("the Agreement"), wherein
the CONSULTANT agreed to plant 1,700 trees in the City of National City in an effort to help
reduce greenhouse gas emissions.
WHEREAS, the original term of the Agreement expired on March 1, 2020.
WHEREAS, the parties desire to amend the Agreement to extend the term of the
Agreement for one year, expiring March 30, 2021.
NOW, THEREFORE, the parties hereto agree as follows:
1. The Agreement entered into on May 15, 2018 shall be amended to extend the term of
the Agreement for one year, expiring March 30, 2021.
2. 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 WHEREOF, the parties hereto have executed this First Amendment to the
Agreement on the date and year first above written.
[Signature Page to Follow]
First Amendment — Tree Planting Page 1 of 2
City of National City and
February 2020 West Coast Arborists, Inc.
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CITY OF NATIONAL CITY
By:
Alejandra Sotelo-Solis, Mayor
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney
By:
Roberto M. Contreras
Deputy City Attorney
WEST COAST ARBORISTS, INC., A
CALIFORNIA CORPORATION
(Corporation — signatures of Iwo corporate officers)
By:
B
(Print)
Patrick Mahoney
President
Secretary
(Title)
First Amendment - Tree Planting Page 2 of 2 City of National City and
February 2020 West Coast Arborists, Inc.
107 of 426
RESOLUTION NO. 2020 -
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
WHEREAS, on May 22, 2017, the City of National City was awarded the Urban
and Community Forestry Grant in the amount of $650,800 through the California Department of
Forestry and Fire Protection (CAL FIRE) to fund the purchase, planting, and initial maintenance
of 1,700 trees, to be performed by a contractor, over a three-year period; and
WHEREAS, there was an opportunity for the City to piggyback onto the City of
Poway's Urban Forestry Maintenance Services Contract with West Coast Arborist, Inc., (WCA)
for the purchase of 1,700 trees and to provide planting and initial maintenance services by utilizing
a portion of the $650,800 grant funds in an amount not to exceed $297,500, consistent with
Section 2.60.260 of the National City Municipal Code regarding cooperative purchasing; and
WHEREAS, on August 1, 2017, the City Council adopted Resolution No. 2017-
138, accepting the grant and authorizing the City Manager to execute the grant Agreement; and
WHEREAS, the Agreement with WCA is set to expire on March 1, 2020; and
WHEREAS, 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.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute 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.
PASSED and ADOPTED this 18th day of February, 2020.
Alejandra Sotelo-Solis, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney
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CC/CDC-HA Agenda
2/18/2020 — Page 109
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.
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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: _ e
EXPLANATION:
See attached.
FINANCIAL STATEMENT: APPROVED: ' l //;''`°'f 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. Service Agreement
3. City of Encinitas Urban Forestry Maintenance Services contract
4. Resolution
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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.
Services rendered between the City of National City and WCA began on November 1,
2019 and due to staff turnover, a renewal of the previous agreement was delayed. 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 between the City of National City and 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.
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AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
WEST COAST ARBORISTS, INC.
THIS AGREEMENT is entered into on this 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.
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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
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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.
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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
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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
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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
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$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
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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.
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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
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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
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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/
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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:
Argil P. Morris -Jones
City Attorney
WEST COAST ARBORISTS, INC., a
(Corporation — signs r s of two corporate officers required)
(Partnership or Sole p . pri orship — one si
By:
(Name
Patrick Mahoney
(Print)
President
(Title)
Secretary
(Title)
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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.
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2,5 For the services to be performed, Contractor shall pay wages to Contractor's
employees according to the current "General Prevailing Wage Rates" issued by the Director of the
Department of industrial Relations of the State of California and pursuant to California Labor 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.
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6.0 Termination of Agreement
6.1 In the event of Contractor's failure to prosecute, deliver, or perform the described
services, the City may terminate this Contract by notifying Contactor by certified 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
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initial dispute resolution procedures shall be used:
A. Within twenty (30) City working days after a dispute regarding the performance of this
Agreement arises, it shall be reduced to writing at staff level by the complaining party setting
forth the nature of the dispute in detail, along with all pertinent back-up documentation in
support. The 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
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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.
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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.
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It is understood and agreed to by the parties and the insurance company(s) that the Certificate(s) of
Insurance and policies shall be construed' as primary, and City's insurance and/or deductibles and/or
self -Insured retentions or self -insured programs shall not be construed as contributory.
13.0 Payroll Records
13.1 Consistent with Labor Code Section 1776, Contractor and each subcontractor shall
maintain accurate weekly certified payroll records showing the name, address, social security number,
work classification, straight time and overtime hours paid each day and week, and the actual per diem
wages paid to each journeyman, apprentice, worker or other employee employed in connection with the
work. Contractor shall certify under penalty of perjury that records maintained and submitted by
Contractor are true and accurate. Contractor shall also require subcontractor(s) to certify weekly payroll
records under penalty of perjury.
13.2 The payroll records described 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
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engage in the performance of any contract for public work, as defined by statute, unless it is currently
registered and qualified to perform public work pursuant to Labor Code Section 1725.5. City may not
accept a bid nor any contract or subcontract entered into without proof of Contractor 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.
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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
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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.
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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)
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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
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detailed listings of trees and site information, work histories, service requests, summary
reports and pictures of City tree species.
4. GPS - Since the City of Encinitas already has a tree inventory in GIS, the City's GIS 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.
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2. Work Schedule - Upon Contract award, the successful proposer shall be required to submit a
work schedule based on the City's annual pruning requirements which is a systematic tree
pruning program composed of existing grid or per -designed districts that are pruned in their
entirety on a set schedule; removal & replacement programs which consist of removing
trees designated by the City and replanting appropriate trees as replacements; and planting
new appropriate trees in areas where trees do not currently exist. The proposal shall include
a recommended annual work plan, daily work schedules, and personnel and vehicles that
would be required to complete the annual maintenance program. Depending on the City's
current and future program needs the scheduled work may require multiple crews to
perform concurrently within the same time constraints.
The Contractor is also required to provide service for trees prior to their regular and
scheduled trim cycle in order to correct an 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
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possess adequate technical background to ensure that all work is accomplished per
provisions of this Contract.
Contractor is required to have a competent Project Manager available by telephone on a
twenty-four (24) hour basis that is assigned to provide direct and prompt attention to
requests from the City for emergency and after-hours tree service requests.
6. Qualified Staff - Contractor shall employ sufficient personnel qualified by reason of
education, training and experience to discharge the services agreed to be performed by
Contractor. Contractor shall provide service of the highest quality at all times, and personnel
retained to perform this service shall be temperate, competent and otherwise fully qualified
to fulfill the Contractor's obligations under the Contract.
7. Uniforms - All employees of Contractor performing services shall appear neat and well-
groomed at all times and shall be dressed in clean, unaltered uniforms at no additional cost
to the City, with suitable company identification. No portion of the uniform may be removed
while working. Employees not in uniform shall be immediately removed from the work area.
The Contractor shall provide a standard uniform consisting of at least a collared shirt with
buttons, 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
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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.
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14. Safety Requirements - The Contractor shall conduct all work outlined in the Contract in such
a manner as to meet all currently accepted standards for safe practices during the operation
and to safely maintain stored equipment, machines and materials or other hazards
consequential or related to the work; and agrees additionally to accept the sole
responsibility for complying with all current City, County, State or other legal requirements
including, but limited to, full compliance with the terms of the applicable OSHA, CAL EPA
Safety Orders and ANSI Z133.1 Safety Requirements for Arboricultural Operations at all
times so as to protect all person, including Contractor employees, agents of the City,
vendors, members of the public or others from foreseeable injury or damage to their
property.
15. Traffic Control - The Contractor shall be responsible 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
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that property access for inspection may be provided. Any inspection of work shall not
relive the Contractor of any obligations to fulfill the Contract as prescribed. Any and all
questions regarding the performance of the work shall be directed to the City's
designated representative.
b. If it appears that the work to be done or any matter relative thereto is not sufficiently
detailed or explained by the specifications, the Contractor shall apply to the City's
designated representative for such further explanation as may be necessary and shall
conform to such explanation or interpretation as part of the Contract so far as may be
consistent with the intent of the original requirements.
c. All work shall be completed to the satisfaction of and under the 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
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listed as a proposal item, the Contractor shall submit a fair cost for the work to be
performed. A change order authorization, in writing, will be issued by the City.
19. invoicing - Contractor shall be required to submit invoices on a monthly basis. invoice
format shall include but not be limited to the date the work took place, a list of each street
or location that work took place, the address of each individual work site and the activity,
the species and its current condition, height, trunk diameter and canopy spread of each
individual tree. Each invoice shall include an exact copy in electronic format that is
compatible with the City'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.
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Repairs on private property shall be made in accordance with the appropriate building code
under permits issued by the City of Encinitas. Any damage caused by the permitted or
contracted persons shall be repaired or restored by them at their expense to a condition
similar or equal to that existing before such damage or injury, or they shall repair such
damage in a manner acceptable to the City.
Special attention is drawn to existing irrigation systems, plant material, 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.
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Contractor's initials;
Date:
20 October 5, 2017
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ATTACHMENT "B" PAYMENT OF SERVICES
Contractor: .West Coast Arborists, Inc.
The undersigned proposes to furnish all materials, supplies, equipment and/or services set forth herein,
subject to all conditions outlined in the RFP, at prices indicated below. All applicable services include
cleanup and disposal.
Tree Planting (per tree). Tree planting includes tree, materials and planting costs
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
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Tree Removal (per inch). Tree and Stump removal per inch measured trunk
diameter at 4'6" (Diameter Standard Height)
0"-6" Diameter Standard Height
7"-12" Diameter Standard Height
13"-18" Diameter Standard Height
19"-24" Diameter Standard Height
25"-30" Diameter Standard Height
31"-3G" 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
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Plant Health Care Services
Tree Spraying from Ground Level (per diameter inch)
Tree Spraying from Aerial Tower (per diameter inch)
Insecticide Trunk Banding (per diameter Inch)
Plant Growth Regulator (PGR) Trunk Banding (per diameter inch)
Plant Growth Regulator (PGR) 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:
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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
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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
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AGREEMENT FOR GENERAL SERVICES BETWEEN
THE CITY OF ENCINITAS AND WEST COAST ARBORISTS, INC.
GENERAL SERVICES AND MAINTENANCE CONTRACT ONLY
(Non-Federal/Prevailing Wage)
THIS Contract is made and entered into by and between the City of Encinitas, a municipal
corporation, hereinafter referred to as "City", and West Coast 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.
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2,5 For the services to be performed, Contractor shall pay wages to Contractor's
employees according to the current "General Prevailing Wage Rates" Issued by the Director of the
Department of industrial Relations of the State of California and pursuant to California Labor 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.
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6.0 Termination of Agreement
6.1 In the event of Contractor's failure to prosecute, deliver, or perform the described
services, the City may terminate this Contract by notifying Contactor by certified 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
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initial dispute resolution procedures shall be used:
A. Within twenty (30) City working days after a dispute regarding the performance of this
Agreement arises, It shall be reduced to writing at staff level by the complaining party setting
forth the nature of the dispute in detail, along with all pertinent back-up documentation in
support. The 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
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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.
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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.
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It is understood and agreed to by the parties and the insurance company(s) that the Certificate(s) of
Insurance and policies shall be construed. as primary, and City's insurance and/or deductibles and/or
self -insured retentions or self -insured programs shall not be construed as contributory.
13.0 Payroll Records
13.1 Consistent with Labor Code Section 1776, Contractor and each subcontractor shall
maintain accurate weekly certified payroll records showing the name, address, social security number,
work classification, straight time and overtime hours paid each day and week, and the actual per diem
wages paid to each journeyman, apprentice, worker or other employee employed in connection with the
work. Contractor shall certify under penalty of perjury that records maintained and submitted by
Contractor are true and accurate. Contractor shall also require subcontractor(s) to certify weekly payroll
records under penalty of perjury.
13.2 The payroll records described 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
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engage in the performance of any contract for public work, as defined by statute, unless it Is currently
registered and qualified to perform public work pursuant to Labor Code Section 1725.5. City may not
accept a bid nor any contract or subcontract entered Into without proof of Contractor 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.
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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
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longer period required by law, from the date of final payment to Contractor.
20.2 Contractor shall maintain all documents and records which demonstrate performance
under this Agreement for a minimum period of three (3) years, or for any longer period required by
law, from the date of termination or completion of this Agreement.
20.3 Any records or documents required to be maintained pursuant to this Agreement
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.
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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)
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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
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detailed listings of trees and site information, work histories, service requests, summary
reports and pictures of City tree species.
4. GPS - Since the City of Encinitas already has a tree inventory in GIS, the City's GIS Division
will provide the current tree inventory feature class (SQL table) to the contractor as a
starting point. This includes but is not limited to all publicly owned trees on street rights -of -
way, parks and open spaces such as medians, streetscapes, etc.
The contractor shall then track the maintenance and characteristic information of the trees
in the City of Encinitas' tree inventory feature class in 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.
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2. Work Schedule - Upon Contract award, the successful proposer shall be required to submit a
work schedule based on the City's annual pruning requirements which is a systematic tree
pruning program composed of existing grid or per -designed districts that are pruned in their
entirety on a set schedule; removal & replacement programs which consist of removing
trees designated by the City and replanting appropriate trees as replacements; and planting
new appropriate trees in areas where trees do not currently exist. The proposal shall include
a recommended annual work plan, daily work schedules, and personnel and vehicles that
would be required to complete the annual maintenance program. Depending on the City's
current and future program needs the scheduled work may require multiple crews to
perform concurrently within the same time constraints.
The Contractor is also required to provide service for trees prior to their regular and
scheduled trim cycle in order to correct an immediate problem or concern as determined by
the City's Designated Representative. Such request(s) shall be addressed and work
completed within one (1) week of notice by the City,
3. Work Hours and City Notification - The Contractor's working hours, for normal work, shall be
limited to the hours between 7:00 AM and 4:30 PM Monday through Friday, excluding
recognized holidays. Deviation from normal working hours will not be allowed without prior
authorization from the 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
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possess adequate technical background to ensure that all work is accomplished per
provisions of this Contract.
Contractor is required to have a competent Project Manager available by telephone on a
twenty-four (24) hour basis that is assigned to provide direct and prompt attention to
requests from the City for emergency and after-hours tree service requests.
6. Qualified Staff - Contractor shall employ sufficient personnel qualified by reason of
education, training and experience to discharge the services agreed to be performed by
Contractor. Contractor shall provide service of the highest quality at all times, and personnel
retained to perform this service shall be temperate, competent and otherwise fully qualified
to fulfill the Contractor's obligations under the Contract.
7. Uniforms - All employees of Contractor performing services shall appear neat and well-
groomed at all times and shall be dressed in clean, unaltered uniforms at no additional cost
to the City, with suitable company identification. No portion of the uniform may be removed
while working. Employees not in uniform shall be immediately removed from the work area.
The Contractor shall provide a standard uniform consisting of at least a collared shirt with
buttons, 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
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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.
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14. Safety Requirements - The Contractor shall conduct all work outlined in the Contract in such
a manner as to meet all currently accepted standards for safe practices during the operation
and to safely maintain stored equipment, machines and materials or other hazards
consequential or related to the work; and agrees additionally to accept the sole
responsibility for complying with all current City, County, State or other legal requirements
including, but limited to, full compliance with the terms of the applicable OSHA, CAL EPA
Safety Orders and ANSI 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
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that property access for inspection may be provided. Any inspection of work shall not
relive the Contractor of any obligations to fulfill the Contract as prescribed. Any and all
questions regarding the performance of the work shall be directed to the City's
designated representative.
b. If it appears that the work to be done or any matter relative thereto is not sufficiently
detailed or explained by the specifications, the Contractor shall apply to the City's
designated representative for such further explanation as may be necessary and shall
conform to such explanation or interpretation as part of the Contract so far as may be
consistent with the intent of the original requirements.
c. 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
166 of 426
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
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Repairs on private property shall be made in accordance with the appropriate building code
under permits issued by the City of Encinitas. Any damage caused by the permitted or
contracted persons shall be repaired or restored by them at their expense to a condition
similar or equal to that existing before such damage or injury, or they shall repair such
damage in a manner acceptable to the City.
Special attention is drawn to existing irrigation systems, plant material, 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
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ATTACHMENT "B" PAYMENT OF SERVICES
Contractor: West Coast Arborists, Inc.
The undersigned proposes to furnish all materials, supplies, equipment and/or services set forth herein,
subject to all conditions outlined in the RFP, at prices indicated below. All applicable services include
cleanup and disposal.
Tree Planting (per tree). Tree planting includes tree, materials and planting costs
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
169 of 426
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
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Plant Health Care Services
Tree Spraying from Ground Level (per diameter Inch)
Tree Spraying from Aerial Tower (per diameter inch)
Insecticide Trunk Banding (per diameter inch)
Plant Growth Regulator (PGR) Trunk Banding (per diameter inch)
Plant Growth Regulator (PGR) 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
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RESOLUTION NO. 2020 —
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
WHEREAS, on December 19, 2017, the City Council adopted Resolution No.
2017-239 to enter into an Agreement with West Coast Arborist, Inc. (WCA) in an amount not to
exceed $90,000 to assist the City's Park Maintenance staff with addressing the growing backlog
of tree trimming requests for specialized service; and
WHEREAS, through implementation of a grid -based tree trimming program, WCA
proved to be effective in assisting City crews with clearing the backlog, which allowed City crews
to focus on maintaining the City's specialized tree trimming schedule; and
WHEREAS, tree trimming support services are needed this year as City crews are
challenged to maintain the grid schedule due to emergency calls for service and the need for such
specialty work, such as stump grinding and tree removals; and
WHEREAS, as part of the Fiscal Year 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; and
WHEREAS, the City of National City has an opportunity to "piggyback" on to the
City of Encinitas' Urban Forestry Maintenance Services Contract with WCA effective November
1, 2019 through January 7, 2020 for specialized tree trimming support services for an amount not
to exceed $90,000; and
WHEREAS, Section 2.60.260 of the National City Municipal Code provides that
the City may buy directly from a vendor at a price established through competitive bidding by
another public agency whose procedures have been determined to be in substantial compliance
with the City's procurement procedures, and such a determination has been made in this case,
therefore, it is recommended that the purchase be made without complying with the competitive
bidding procedure set forth in the Municipal Code; and
WHEREAS, 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; and
WHEREAS, 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
with the option to extended two separate, three-year terms; and
WHEREAS, staff is requesting the City Council to 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 between the City of National City and West
Coast
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Resolution No. 2020 —
Page Two
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.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby affirms the Purchasing agent's determination that the City of Encinitas
procurement procedures are in substantial compliance with the City's, and pursuant to Section
2.60.260 of the Municipal Code authorizes the waiver of the bidding process.
BE IT FURTHER RESOLVED that the City Council hereby authorizes the Mayor
to execute an Agreement with West Coast Arborist, Inc., for specialized tree trimming, removal,
and planting services, effective November 1, 2019 through January 7, 2022, with an option to
extend for two three-year terms in an amount not to exceed $90,000 by "piggybacking" on to the
City of Encinitas Urban Forestry Maintenance Services Contract.
PASSED and ADOPTED this 18th day of February, 2020.
Alejandra Sotelo-Solis, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney
173 of 426
CC/CDC-HA Agenda
2/18/2020 — Page 174
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 by 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.
174 of 426
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: Engining/Public Works
PHONE: 619-336-4318 11 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: APPROVED: Finance
ACCOUNT NO. APPROVED:
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
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 CIF.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. First Amendment to Agreement
2. Resolution
1
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FIRST AMENDMENT TO THE AGREEMENT
BY AND BETWEEN
1'HE 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.
CITY OF NATIONAL CITY
GEOSYC -' ONSULTANTS, INC.
(Corpora," res of two corporate officers)
By: By:
Alejandra Sotelo-Solis, Mayor
APPROVED AS TO FORM: By:
Angil P. Morris -Jones
City Attorney
T. Corcoran
resident/Secreta •
Ronald S. Johnson
Vice President
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RESOLUTION NO. 2020 —
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 BY ONE YEAR TO DECEMBER 4, 2020, AND AUTHORIZING THE
MAYOR TO EXECUTE THE AMENDMENT
WHEREAS, National City's Capital Improvement Program (CIP) estimates
approximately $80 million in capital improvement projects needs over the next five years; and
WHEREAS, to successfully design, manage, and construct these projects, the
Engineering and Public Works Department issued a Request for Qualifications (RFQ) for various
engineering, architectural, and construction support services; and
WHEREAS, based on the strength of their Statement of Qualifications (SOQ),
interview and past performance, staff recommends executing a two-year Agreement with an
option to extend the term for one additional year with Geosyntec Consultants, Inc., for a not -to -
exceed amount of $500,000 to provide on -call project support services for National City's 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); and
WHEREAS, staff recommends extending the term of the Agreement with
Geosyntec Consultants, Inc., by one year to December 4, 2020 due to their performance, quality
of work, and on -going need for specialized environmental support services.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes
the Mayor to execute 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 by one year to December 4, 2020.
PASSED and ADOPTED this 18th day of February, 2020.
Alejandra Sotelo-Solis, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Angil P. Morris -Jones, City Attorney
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CC/CDC-HA Agenda
2/18/2020 — Page 178
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City: 1) authorizing the Mayor to execute a three-
year Agreement with Loma Media, Inc. for a not -to -exceed amount of $250,000 to
provide on -call project support services for National City, including, but not limited to,
Graphic Design/Web Design, Community Outreach, Grants Management, Public
Relations and Government Affairs and Polling and Analysis; and 2) authorizing the City
Manager to execute any project -specific supplemental agreements, as may be required.
(City Manager)
Please scroll down to view the backup material.
178 of 426
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, 1) authorizing the Mayor to execute a three-year
Agreement with Loma Media, Inc. for a not -to -exceed amount of $250,000 to provide on -call project support
services for National City, including, but not limited to, graphic design/web design, community outreach, grants
management, public relations and government affairs and polling and analysis; and 2) authorizing the City
Manager to execute any project -specific supplemental agreements, as may be required.
PREPARED BY: Tony Winney, Assistant City Manager
PHONE: 619-336-4240
EXPLANATION:
See attached.
DEPARTMENT: C y-
APPROVED BY:
ice
FINANCIAL STATEMENT: APPROVED: Finance
ACCOUNT NO. APPROVED: MIS
Funding for subsequent project -based work is dependent on future appropriations as part of annual budget and/or
future grant awards.
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Adopt Resolution executing an Agreement with Loma Media, Inc. for a not -to -exceed amount of $250,000 to
provide on -call project support services for National City.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Explanation
2. Agreement
3. Resolution
179 of 426
Explanation:
On May, 2, 2019 the Engineering & Public Works Department advertised a Request for
Qualifications (RFQ) for various engineering, architectural, construction support and
public education and outreach services. Services requested via the RFQ include, for
example, plan and map reviews, preparation of plat and legal descriptions, sewer
system management and financial administration, housing and real estate development
services, Building Department support services, and environmental compliance
involving storm water, wastewater and hazardous materials. It also included graphic
design/web design, community outreach, grants management, public relations and
government affairs and polling and analysis.
The RFQ was advertised on the City's website, published in the San Diego Union
Tribune, e-mailed to over 100 professional consulting firms and also advertised on
PlanetBids where over 400 firms were notified. Additionally, the City hosted an
Information Session regarding the RFQ process on May 14, 2019 at the MLK Jr.
Community Center, which was attended by over 100 people. The Department received
71 Statement of Qualifications (SOQs) from various firms by the June 10, 2019
deadline. Copies of the SOQs received are available in the Office of the City Engineer.
Based on the strength of their SOQ, interview and past performance, staff recommends
executing a three-year Agreement (with the option to extend for two, one year
extensions) with Loma Media, Inc. for a not -to -exceed amount of $250,000 to provide
on -call project support services for the city, including, but not limited to, graphic
design/web design, community outreach, grants management, public relations and
government affairs and polling and analysis. See Exhibit "A" for general scope of work.
Services will be provided "as -needed" based on available funding and priorities.
In addition, staff recommends authorizing the City Manager to execute any project -
specific supplemental agreements, as may be required for grant funded projects. These
supplemental agreements would reference the terms and conditions of the attached
master on -call Agreement, while incorporating additional project -specific grant
requirements for use of consultant support services. Authorization to accept and
appropriate grant funds, and execute grant agreements with the awarding agency (e.g.
SANDAG, U.S. Census, etc.) would still require separate City Council action.
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AGREEMENT
BETWEEN
THE CITY OF NATIONAL CITY
AND
LOMA MEDIA, INC.
THIS AGREEMENT is entered into on this 18th day of February, 2020, between the
CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and LOMA MEDIA, INC.,
a California corporation dba Loma Media Partners (the "CONSULTANT").
RECITALS
WHEREAS, the CITY desires to employ a CONSULTANT to provide marketing,
communications, and outreach -related services for the CITY.
WHEREAS, the CITY has determined that the CONSULTANT is a marketing and
communications firm 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 perform marketing, communications, and outreach -related services for the
CITY, 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
February 18, 2020 through February 17, 2023. 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 those marketing,
communications, and outreach -related services for the CITY as set forth in the attached Exhibit
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 specified in Exhibit "A" to
keep staff and City Council advised of the progress on the project.
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
181 of 426
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. Lauren Maxilom 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. John DeBello thereby is designated as the Project Director
for the CONSULTANT.
5. 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 $250,000.00. The compensation
for the CONSULTANT'S work shall not exceed $150.00 per hour. 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
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.
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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 CONSULTANT. 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.
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
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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
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
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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.
A. PERS Eligibility Indemnification. If CONSULTANT'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, CONSULTANT 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.
CONSULTANT'S employees providing service under this Agreement shall not:
(1) qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under
PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid
by CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would
accrue to a CITY employee. CONSULTANT's employees hereby waive any claims to benefits
or compensation described in this Section 16. This Section 16 applies to CONSULTANT
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notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to
the contrary.
B. Limitation of CITY Liability. The payment made to CONSULTANT under this
Agreement shall be the full and complete compensation to which CONSULTANT and
CONSULTANT's officers, employees, agents, and subcontractors are entitled for performance
of any work under this Agreement. Neither CONSULTANT nor CONSULTANT'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 CONSULTANT. The CITY shall not be required to
pay any workers' compensation insurance on behalf of CONSULTANT.
C. Indemnification for Employee Payments. CONSULTANT 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)
CONSULTANT, (2) any employee of CONSULTANT, or (3) any employee of CONSULTANT
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. 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.
B. Commercial General Liability Insurance, with minimum limits of
$1,000,000 per occurrence and $2,000,000, 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.
C. 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
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with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to
commencement of work under this Agreement.
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
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.
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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.
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:
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To CITY: Lauren Maxilom
Management Analyst II
Office of the City Manager
City of National City
1243 National City Boulevard
National City, CA 91950-4397
To CONSULTANT:
John DeBello
President
Loma Media Inc
101 W. Broadway, Suite 300
San Diego, CA 91902
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 fmancial 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
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.
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
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rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and
regulations.
24. ADMINISTRATIVE PROVISIONS.
A. Computation of Time Periods. If any date or time period provided for in
this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date
shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a
Saturday, Sunday or federal, state, or legal holiday.
B. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute but one and
the same instrument.
C. Captions. Any captions to, or headings of, the sections or subsections of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights
upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes. To the extent any exhibits,
schedules, or provisions thereof conflict or are inconsistent with the terms and conditions
contained in this Agreement, the terms and conditions of this Agreement shall control.
F. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
G. 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
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
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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.
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
LOMA MEDIA, INC., A CALIFORNIA
CORPORATION, DBA LOMA MEDIA
PARTNERS
(Corporation — signatures of two corporate officers required)
By: By:
Alejandra Sotelo Solis, Mayor
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney
By:
(Name)
John DeBello
(Print)
President
(Title)
By: avw e,,. eQ�a
Roberto M. Contreras (Name)
Deputy City Attorney
Carmen DeBello
(Print)
Vice President
(Title)
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CC/CDC-HA Agenda
2/18/2020 — Page 192
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.
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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.
PHONE: 619-336-4312
EXPLANATION:
See attached.
ssociate Civil Engineer
DEPARTMENT: Engi• y' in±/Public Works
APPROVED BY:
f
FINANCIAL STATEMENT:
ACCOUNT NO.
IN/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. Explanation
2. Exhibit A - LAPM, Chapter 10 (Consists of 78 pages)
3. Resolution
19d of 42b1
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."
LAPM, Chapter 10 also establishes requirements for Disadvantage Business
Enterprise (DBE) participation when administering federal -aid projects. Title 49
Code of Federal Regulations (CFR) Part 26 — Participation by Disadvantaged
Business Enterprises in Department of Transportation Financial Assistance
Programs, defines a DBE as follows: "A for -profit small business concern that is
at least 51 percent owned by one or more individuals who are both socially and
economically disadvantaged, and whose management and daily business
operations are controlled by one or more of the socially and economically
disadvantaged individuals who own it" Title 49 CFR Part 26 requires that these
individuals must be citizens (or lawfully admitted permanent residents) of the
United States and (1) any individual who a recipient finds to be a socially and
economically disadvantaged individual on a case -by -case basis, or (2) who are
either African Americans, Hispanic Americans, Native Americans, Asian -Pacific
Americans, Subcontinent Asian Americans, (persons whose origin are from India,
Pakistan, Bangladesh, Bhutan, Maldives Islands, Nepal or Sri Lanka), Women, or
any other group found to be socially and economically disadvantaged by the
Small Business Administration.
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. A copy of
LAPM, Chapter 10 is on file with the Office of the City Engineer.
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EXHIBIT A
Local Assistance Procedures Manual Chapter 10
Consultant Selection
Chapter 10 Consultant Selection
Contents
Section 10.1: FEDERALLY FUNDED A&E CONTRACTS vi
10.1.1 General 1
introduction 1
Definition of an Architectural and Engineering Consultant 1
Architectural and Engineering Consultants 1
Non-A&E Consultants 2
Selecting the Project 2
Subcontracted Services 2
Organizational and Consultant Conflicts of Interest 2
Consultants Performing Work on Multiple Phases of Federal -aid Projects 3
10.1.2 Identifying & Defining a Need for Consultants 4
Appointing the Contract Administrator 4
Segmenting Consultant Work 6
Figure 10-2: Segmenting Consultant Work 6
Specify Products to be Delivered 6
Scope of Consultant Work 6
Non -Discrimination Clause 7
Disadvantaged Business Enterprise (DBE) Participation 7
Determine Type of Contract 8
Determining the Project Schedule 10
Determine Method of Payment 10
Cost -Plus -Fixed Fee 10
Cost Per Unit of Work 11
Specified Rates of Compensation 11
Lump Sum 11
10.1.3 A&E Consultant Audit and Review Process 12
Applicable Standards 12
Audit Guidance Available 13
Allowable Costs 13
Approval or Acceptance of Indirect Cost Rates 14
Cognizant Letters of Approval 14
Caltrans Acceptance of Indirect Cost Rate 14
Financial Review Performed Prior to Contract Execution 15
Local Agencies' Responsibilities 16
Consultants' Responsibilities (Both prime consultants and subconsuitants) 17
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Independent Office of Audits and Investigations' Responsibilities 17
Audits and Reviews to be Performed 18
Indirect Cost Rate Audits 18
CPA Workpaper Reviews 18
Contract Audits 18
Incurred Cost Audits 19
Audit Findings and Review Deficiencies 19
10.1.4 Consultant Selection Methods 21
One -Step RFP 22
One -Step RFQ 22
Two -Step (RFQ Followed by RFP) 22
10.1.5 Consultant Selection Using the One -Step RFP Method 24
Appoint Consultant Selection Committee 24
Develop Technical Criteria for Evaluation of Proposals 24
Develop Schedule for Consultant Selection 25
Prepare RFP 25
Financial Management and Accounting System Requirements 26
Advertise for Consultants 26
Issue/Publish RFP 26
Conduct Proposer's Conference or Answer Written Questions 27
Receive and Evaluate Technical Proposals 27
Develop Final Ranking and Notify Consultants of Results 27
Negotiate Contract with Top -Ranked Consultant 28
10.1.6 Consultant Selection Using the One -Step RFQ Method 29
Appoint Consultant Selection Committee 29
Develop Technical Criteria for Evaluation of Qualifications 30
Develop Schedule for Consultant Selection 30
Prepare RFQ 30
Financial Management and Accounting System Requirements 31
Advertise for Consultants 31
Issue/Publish RFQ 32
Receive/Evaluate Statements of Qualifications and Develop Shortlist 32
Notify Consultants of Shortlist 32
Interview Top -Ranked Consultants 32
Develop Final Ranking and Notify Consultants of Results 33
Conduct Scoping Meeting 33
Request Cost Proposal 34
Negotiate Contract with Top -Ranked Consultant 34
10.1.7Consultant Selection Using the Two -Step RFQ/RFP Method 36
Combined RFQ and RFP 36
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Categorize work 37
Establish Minimum Qualifications 37
Issue RFQ 38
Set -Up Evaluation Process 39
Evaluate Qualifications and Add Firm to List 39
Maintain List 39
Issue RFP to Pre -Qualified Consultants on List 40
Conduct Proposer's Conference or Answer Written Questions 40
Receive and Evaluate Technical Proposals 40
Develop Final Ranking and Notify Consultants of Results 41
Request Cost Proposal and Negotiate Contract with Top -Ranked Consultant 41
10.1.8Completing the Project 42
Develop the Final Contract 42
Review and Approval of Contracts 43
Execute Contract and Issue Notice to Proceed to Consultant 44
Administer the Contract 44
Substitution of Consultant Personnel and Subconsultants 45
Invoicing (or Progress Payments) 45
Contract Amendments 45
Performance Evaluation 46
Project Records 46
Retention Clauses 48
Review of Local Agency Actions 48
10.1.9 Miscellaneous Considerations 48
Agreements with Other Governmental Agencies 48
Small Purchase Contracts 48
Noncompetitive Negotiated Contracts (Sole -Source) 49
Retaining a Consultant as an Agency Engineer or in Management Support Role 49
Construction Engineering Services 52
10.1.10 Program Management 53
10.1.11 References 53
10.2: STATE -ONLY FUNDED A&E CONTRACTS 55
10.2.1 General 56
10.2.2 Definition of A&E 57
10.2.3 Minimum Audit Requirements 57
A. Written Procedures 57
B. Conflict of Interest 57
C. Records 57
D. Full & Open competition 58
E. Selection Basis 58
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F. Publication 58
G. Solicitation 58
H. Cost Analysis 58
I. Negotiations 58
10.3: NON-A&E CONTRACTS 64
Scope 64
Determining Non-A&E 64
Example of Determining Non-A&E 64
Intelligent Transportation System (ITS) Projects 65
Non -Infrastructure Projects 65
Governing Regulations and Codes for Non-A&E 66
Procurement of Non-A&E Consultant Contracts 66
RFP Basic Requirements 66
Additional Requirements and Evaluation Criteria 67
Consultant's Proposal 68
Cost Proposal Worksheet 68
DBE Consideration 68
Administrative Requirements 68
Oral Presentations Optional 69
Cost -Effective / Public Interest Finding 69
Protest / Appeals / Reinstatement Procedures 69
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Exhibits
Exhibits applicable to this chapter can be found at:
httpsJ/dot.ca.govlproq rams/local-assistance/forms/local-assistance-procedures-manual-forms
Exhibit 10-A: A&E Consultant Financial Document Review Request
Exhibit 10-B: Suggested Consultant Evaluation Sheet
Exhibit 10-G: Individual A&E Task Order DBE Utilization (needs linked)
Exhibit 10-H: Sample Cost Proposal (Example#1 thru #4)
Exhibit 10-I: Notice to Proposers DBE Information
Exhibit 10-K: Consultant Annual Certification of Indirect Costs and Financial Management System
Exhibit 10-01: Consultant Proposal DBE Commitment
Exhibit 10-02: Consultant Contracts DBE Commitment
Exhibit 10-Q: Disclosure of Lobbying Activities
Exhibit 10-R: A&E Sample Contract Language
Exhibit 10-S: Consultant Performance Evaluation
Exhibit 10-T: Conflict of Interest & Confidentiality Statement
Exhibit 10-U: Consultant in Management Support Role Conflict of interest and Confidentiality
Statement
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SECTION 10.1: FEDERALLY FUNDED A&E CONTRACTS
Chapter 10
Consultant Selection
Procurement Planning ..
1
2
3
... >: ... .. ..::......i
�
ti;Local >? Y=
ocal Agency
C >
C
Local A:g l� ii
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*Select Project
*Set Project Objectives
*Determine Project Schedule
*Obtain CTC Allocation/Federal
Authorization to Proceed prior to
beginning reimbursable work
*LAPM Exhibit 10-U:
*Identify Need for Consultant
*Appoint Contract Administrator
*Segment Project Work
*Define SOW ofA&E Consultant
*Specify Products to be
delivered
*Estimate Cost of Consultant Work
(independent cost estimate)
*Determine Type of Contract
(Project Specific or On -Call)
*Determine Method of Payment:
Lump Sum; Cost -Plus- Fixed-
Fee; Cost Per Unit of Work; or
Specific Rate of Compensation
*Submit Exhibit 9-D to DLAE
Consultant in Management
Support Role Conflict of
Interest and Confidentiality
Statement, if applicable:
submit Conflict of Interest
(COI) and Scope of Work
(SOW) to DLA-HQ prior to
contract advertisement.
A&E = Architectural and Engineering
IOAI = Caltrans Independent Office of Audits and
Investigations
CT = Caltrans
DBE = Disadvantaged Business Enterprise
DLA = Division of Local Assistance
DLAE = District Local Assistance Engineer
DLA-HQ = Division of Local Assistance -Headquarters
LAPG = Local Assistance Program Guidelines
LAPM = Local Assistance Procedures Manual
MOP = Method of Payment
RFP = Request for Proposal
RFQ = Request for Qualifications
SOQ = Statement of Qualifications
SOW = Statement/Scope of Work
Figure 10-1: A&E Contract Procurement Process Workflow Diagram
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Local Assistance Procedures Manual
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Consultant Selection
4
5
6
A�, . '
. ... a cy
:: Agency
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LocalAg+#r�
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*Determine Solicitation Document;
RFP or RFQ
*Appoint Consultant Selection
Committee
*Collect signed Conflict of Interest
' forms and Confidentiality
Statements (see Exhibit 10-T:
*Prepare RFP or RFQ documents
*Include SOW, evaluation
process/criteria, DBE goals, MOP
and cost proposal format (see
Exhibit 10-H: Sample Cost
*Prepare to respond to RFP/RFQ
questions
*Conduct Proposers Conference, if
applicable
*Receive Proposals or SOQs
Proposal) minimum requirement
of Proposal or SOQ, Notice to
Proposers DBE Information (see
Exhibit 10-I: Notice to Proposers
Conflict of Interest &
Confidentiality Statement) from
all members involved in process
*Determine Procurement Schedule
*Develop Technical Criteria
with level of importance
(weights) for Evaluation of
Proposals or the SOQ
DBE Information), submittal
deadline
*Advertise RFP or RFQ on public
forum (newspaper, technical
publications, Web Hosting Site,
other local websites)
*Issue RFP or RFQ (direct mailing,
web posting)
A&E = Architectural and Engineering
IOAI = Caltrans Independent Office of Audits and
Investigations
CT = Caltrans
DBE = Disadvantaged Business Enterprise
DLA = Division of Local Assistance
DLAE = District Local Assistance Engineer
DLA-HQ = Division of Local Assistance -Headquarters
LAPG = Local Assistance Program Guidelines
LAPM = Local Assistance Procedures Manual
MOP = Method of Payment
RFP = Request for Proposal
RFQ= Request for Qualifications
SOQ = Statement of Qualifications
SOW = Statement/Scope of Work
Figure 10-1: A&E Contract Procurement Process Workflow Diagram- continued
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Chapter 10
Consultant Selection
f n yyJt�Y` FAQ y}�[`{�}• n���'u }�.�vag .g�a`4'tYN� . �" � a
dY ,*•.` ii „sY �Y:� �nV. ', uItt• \.,>' Z? �'j`,'1 � Z'•�p 6� ,C�e' e.• t� l � . iV AWk
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Contract Negotiation
7
8
9
lyl
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*Distribute Proposals or SOQs to
Selection Committee members
*Ensure Committee members receive
the appropriate score sheet to use
(see Exhibit 10-B: Suggested
*Send out RFPs to Short List (two-
step process)
*Conduct Interview of Short List (if
needed)
*Develop Final Ranking of
Consultants, and notify all
interviewees
*Retain all original score sheets
and summaries
* Provide a copy of Standard
Contract language to top
ranked consultant and
invite for negotiations
(see Exhibit 10 R: A&E
*Open and analyze cost proposal
from the Highest Ranked firm
( (::•;j._.;;:; - , '!}1_:
Consultant Evaluation Sheet)
*Convene Selection Committee and
evaluate submittals; Perform
reference checks
*Develop
Develop Final Ranking or Short List
*Notify proposers of ranking/Short List
*Retain all original score sheets and
summaries
*Review and evaluate 10-A
package and supporting
pp rting
documents if applicable
*Issue Financial Review Letter, if
applicable
*Perform contract audits and
reviews, if applicable, or review
of CPA audited ICR workpapers
to issue Cognizant Letter of
Approval
Sample Contract
Language for standard
contract language and
provisions)
A&E = Architectural and Engineering
IOAI = Caltrans Independent Office of Audits and
Investigations
CT = Caltrans
DBE = Disadvantaged Business Enterprise
DLA = Division of Local Assistance
DLAE = District Local Assistance Engineer
DLA-HQ = Division of Local Assistance -Headquarters
LAPG = Local Assistance Program Guidelines
LAPM = Local Assistance Procedures Manual
MOP = Method of Payment
RFP = Request for Proposal
RFQ = Request for Qualifications
SOQ = Statement of Qualifications
SOW = Statement/Scope of Work
Figure 10-1: A&E Contract Procurement Process Workflow Diagram- continued
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Local Assistance Procedures Manual
Chapter 10
Consultant Selection
Contract Negotiation
10
11
12
LQ4a( Ag
oca.. iaAgency
encya
LaCal en
<--,
1..,
�..
*Negotiate contract costs with the
most qualified Consultant
*Prepare and retain record of cost
negotiations
*Initiate CT IOAI Financial Review
Section (LAPM Section 10.1.3)
*Finalize contract, cost proposal
*Retain copy of contract Financial
Review Letter with acceptance,
denial, or adjustment of the ICR
*Sign and Execute contract
*Offer and conduct debriefing
meetings with consultant who
asked for one
*Send copies of executed contract
and DBE Commitment (Exhibits
e`
w— ,...;
*prior to concurring with invoice
payment related to consultant
services, ensure that district
confirms submittal of Exhibit 10-
C and has a copy of the
executed consultant contract on
file and 10-01 and 10-02. Also,
and send documents (Exhibit
10-A: A&E Consultant Financial
Document Review Request), if
applicable, to Caltrans IOAI
*Receive and analyze findings of the
Financial Review Letter from CT
IOAI, if any
*Address and resolve all findings by
IOAI and incorporate into final
contract and cost proposal
*If negotiations with First ranked
firm Is unsuccessful, formally
terminate cost negotiations with
Consultant and begin Step 9 with
next ranked consultant
* Complete Exhibit 10-C database to
DLA-HQ prior to award or after
award, but no later than the first
invoice
*Retain Exhibit 10-C
10-01: Consultant Proposal DBE
check 10AI database to ensure
that LAPM Exhibit 10-K:
Commitment and Exhibit 10-02:
Consultant Contract DBE
Consultant Annual Certification
Commitment) to DLAE
of Indirect Costs and Financial
*Close out contract procurement
process
Management System, if
applicable, has been received by
IOAI
_
' '°:(a.tT" " ,t' f ''
*Perform Incurred Cost Audit, if
selected
A&E = Architectural and Engineering
10AI = Caltrans Independent Office of Audits and
Investigations
CT = Caltrans
DBE = Disadvantaged Business Enterprise
DLA = Division of Local Assistance
DLAE = District Local Assistance Engineer
DLA-HQ = Division of Local Assistance -Headquarters
LAPG = Local Assistance Program Guidelines
LAPM = Local Assistance Procedures Manual
MOP = Method of Payment
RFP = Request for Proposal
RFQ = Request for Qualifications
SOQ = Statement of Qualifications
SOW = Statement/Scope of Work
Figure 10-1: A&E Contract Procurement Process Workflow Diagram- continued
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10.1.1 GENERAL
Introduction
A local agency may engage consultants to perform architectural, engineering, and related
services to develop a federal -aid funded project. Local agencies requesting federal funds to
reimburse A&E Consultants must follow the selection and contracting procedures detailed in this
chapter.
Definition of an Architectural and Engineering Consultant
23 Code of Federal Regulations §172 and CA State Law further defines A&E services and
includes those private consulting firms providing architectural, landscape architectural,
engineering, environmental, land surveying, construction engineering, or program management
are termed Architectural and Engineering (A&E) Consultants.
Architectural and Engineering Consultants
The Brooks Act (40 USC, Section 1104) requires local agencies to award federally funded
engineering and design related contracts based on fair and open competitive negotiations,
demonstrated competence, and professional qualifications (23 Code of Federal Regulations
(CFR), Part 172), at a fair and reasonable price (48 CFR 31.201-3).
Cost proposals submitted to the local agency must be sealed and shall not be included as a
criterion for rating such consultants. After ranking, cost negotiations may begin with the most
qualified consultant and only their cost proposal will be opened. Should negotiations fail or result
in a price that the local agency does not consider fair and reasonable, negotiations must be
formally terminated and the local agency must then undertake negotiations with the second
most qualified consultant.
If the negotiations with the second most qualified firm are not successful, negotiations must be
formally terminated and the local agency must then undertake negotiations with the third most
qualified consultant, and so on, until the price is determined to be fair and reasonable by the
local agency.
In selecting an A&E consultant, a detailed technical proposal or qualifications proposal, and a
proposed contract will be required.
Depending upon the scope of work, the required contract provisions may need to include the
California State Prevailing Wages (Federal Payment of Predetermined Minimum Wage applies
only to federal -aid construction contracts). Prevailing wages will apply if the services to be
performed will involve land surveying (such as flag persons, survey party chief, rodman or
chainman), materials sampling and testing (such as drilling rig operators, pile driving, crane
operators), inspection work, soils or foundation investigations, environmental hazardous
materials and so forth. California State Prevailing Wage information is available through the
California Department of Industrial Relations websites below:
Consultants will need to provide their Prevailing Wage Policy if their participation on the project
includes prevailing wage work. The policy will include information on the accounting treatment of
delta base and delta fringe, and verify the accounting treatment is consistent every year.
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• DIR FAQ website: http://www.dir.ca.gov/OPRL/FAQ PrevailingWage.html
• DR Wage Determination website:
http://www.dir,ca.gov/oprl/DPreWageDetermination.htm
• Caltrans Prevailing Wage Interpretive Guidance:
https://ig.dot.ca.gov/resources/interpretive-guidance
Non-A&E Consultants
Consultants other than A&E consultants may be selected using cost, cost and qualifications
(best value) or other critical selection criteria. The procedures outlined in this chapter can be
modified for selecting non-A&E consultants by adding a cost item to the contract proposal.
For more details on non-A&E consultants, see Section 10.3: Non-A&E Contracts of this chapter.
Selecting the Project
The local agency is responsible for selecting and initiating a federal -aid financed transportation
project. The decision to begin project development is influenced by the project needs, its
acceptability, the timing of studies, financing, and construction. The local agency must identify
the project's objectives including the general level of improvement or service, operating
standards, maximum cost and the target date for project completion before commencing any
consultant selection process.
Subcontracted Services
The consultant is responsible for performing the work required under the contract in a manner
acceptable to the local agency. The consultant's organization and all associated consultants
and subconsultants must be identified in the proposal. If the consultant wishes to use a
subconsultant not specified in the proposal, prior written approval must be obtained from the
local agency. The subcontract must contain all required provisions of the prime contract. All
subawards must include adequate oversight, management, and administration of engineering
and design related consultant services and be administered in accordance with State laws and
procedures specified in 23 U.S.C.106(g)(4) and 2 CFR 200.331.
Organizational and Consultant Conflicts of Interest
In the procurement of contracts for engineering services by private consulting firms using
federal -aid highway funds, local agencies must take all the steps necessary to prevent fraud,
waste, and abuse. The local agency must develop and maintain a written code of conduct
governing the performance of its employees (including the contract administrator) engaged in
the award and administration of federal -aid highway funded contracts, including the prevention
of conflicts of interest in accordance with 23 CFR 172.7(b)(4).
A conflict of interest occurs when a public official's private interests and his or her public duties
and responsibilities diverge or are not consistent. Conflicts of interest may be direct or indirect
(e.g., as result of a personal or business relationship). The appearance of a conflict of interest
should be avoided as an apparent conflict may undermine public trust if not sufficiently
mitigated.
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Federal Regulation Governing Conflict of Interest (23 CFR 172.7(b)(4)) requires that:
• Local agency shall maintain a written code of standards of conduct for employees
engaged in the award and administration of engineering and design service contracts;
• No contracting agency employee who participates in the procurement, management, or
administration of federal funded contracts or subcontracts shall have, directly or
indirectly, any financial or other personal interest in connection with such contract or
subcontract;
• No person or entity performing services for a contracting agency in connection with a
federal funded project shall have, directly or indirectly, any financial or other personal
interest, other than employment or retention by the contracting agency, in any contract
or subcontract in connection with such project;
• No person or entity performing services for a contracting agency in connection with a
federal -aid highway funded project shall have, directly or indirectly, any financial or other
personal interest in any real property acquired for the project;
• No contracting agency employees or agents shall neither solicit nor accept gratuities,
favors, or anything of monetary value from consultants, potential consultants, or parties
to subagreements;
• Local agency shall disclose in writing any potential conflict of interest to FHWA.
Consultants Performing Work on Multiple Phases of Federal -aid Projects
Local agencies sometimes wish to hire the same consultant firm to perform construction
engineering and/or inspection services on the same project on which the firm also performed
design services. This can cause project delivery efficiencies, as the design firm is well -suited to
verify that the project is being constructed in accordance with the design and can resolve issues
related to the design on behalf of the contracting agency. However, this may also pose a
potential conflict of interest if the firm has a vested financial interest in failing to disclose
deficiencies in its design work product and seeks to insulate itself from pecuniary liability in
subsequent phases of the project, such as minimizing or ignoring design errors and omissions,
rather than serving the best interests of the contracting agency and the public. Procuring a
different firm from the design firm to provide the construction engineering and/or inspection
services provides another level of review and reduces the risk of, or potential for, a conflict of
interest.
Although federal regulations do not expressly prohibit the same firm from providing services on
subsequent phases, the local agencies are responsible for ensuring the public interest is
maintained throughout the life of a project and that a conflict of interest, real or apparent, does
not occur or is sufficiently mitigated by appropriate public agency controls. Prior to allowing a
consulting firm to provide services on subsequent phases of the same project, the contracting
agency must establish appropriate compensating controls in policies, procedures, practices, and
other safeguards to ensure a conflict of interest does not occur in the procurement,
management, and administration of consultant services.
When design and construction phase services are procured under a single solicitation, the
selection of the consulting firm must be based on the overall qualifications to provide both
design and construction phase services, which require different skill sets, experience, and
resources. Procuring these services under different solicitations may result in selection of a
more qualified firm to perform services in each phase, as the most qualified firm to perform
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design phase services may not be the most qualified firm to provide construction phase
services. Similarly, the qualifications and capacity of a firm may change over time. As such, it
may not be appropriate to contract with a consulting firm to provide construction phase services
at the outset of a design phase, knowing that these services may not be needed for an
extended period until the preconstruction phase of the project is complete and construction
funding authorized. The contract with a consulting firm providing design phase services on a
project may not be amended to include construction phase services unless the desired
construction phase services were included within the original advertised scope of services and
evaluation criteria of the solicitation from which a qualifications based selection was conducted.
All consultants acting in a management support role must complete Exhibit 10-U: Consultant in
Management Support Role Conflict of Interest and Confidentiality Statement (see Section
10.1.9: Miscellaneous Considerations in this chapter) and retain it in the local agency files.
Miscellaneous Considerations Authorization to Proceed
The Federal Highway Administration (FHWA) must give the local agency an Authorization to
Proceed (E-76) with the work prior to performing of any work for which federal reimbursement is
to be requested, (see the LAPM Chapter 3: Project Authorization). Eligible consultant contracts
may be procured using local funds prior to receiving the E-76, but reimbursement is for work
performed after the E-76 authorization date. If contract is procured using state or local funds,
federal procedures must have been followed if seeking federal reimbursement. For state funded
projects see Section 10.2: State -Only Funded A&E Contracts and the Local Assistance Program
Guidelines (LAPG), Chapter 23: Local Agency State Transportation Improvement Program
Projects, for guidance on when work may proceed.
Copies of the Authorization to Proceed and the consultant contract must be retained in the local
agency project files for future audit.
10.1.2 IDENTIFYING & DEFINING A NEED FOR CONSULTANTS
The need for a consultant is identified by comparing the project's schedule and objectives with
the local agency's capabilities, its staff availability of the required expertise, and its funding
resources. If the local agency does not have sufficient staff capabilities, it may solicit assistance
from another agency, or use a qualified private consultant to perform the required work.
If the local agency determines that there is a need to solicit assistance from another local
agency, or to use a consultant, the District Local Assistance Engineer (DLAE) should be notified
if federal -aid funds are to be requested for the project segment to be contracted out.
Appointing the Contract Administrator
The Contract Administrator is responsible for ensuring the quality of consultant contract
products or services. The Contract Administrator is appointed as soon as the need for
consultant services is identified. The Contract Administrator is involved throughout the
development of the selection process and the contract provisions, and in the administration of
the consultant's work. The Contract Administrator must be a qualified local agency employee or
have staff that is qualified to ensure the consultant's work is complete, accurate, and consistent
with the terms and conditions of the consultant contract. On federal -aid contracts, the Contract
Administrator or staff members must be a full-time employee and familiar with the work to be
contracted out and the standards to be used. The Contract Administrator must also abide by the
laws, regulations and policies required as part of accepting federal or state funding for their
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project. Non-compliance with the laws, regulations, and policies may result in loss of project
funding.
The Contract Administrator's duties are listed in 23 CFR 172.9(d)(1) and include:
• Contract negotiation, contract payment, and evaluation of compliance performance, and
quality of services provided by the consultant;
• Being familiar with the contract requirements, scope of services to be performed, and
products to be produced by the consultant;
• Being familiar with the qualifications and responsibilities of the consultant's staff and
evaluating any requested changes in key personnel;
• Scheduling and attending progress and project review meetings, commensurate with the
magnitude, complexity, and type of work, to ensure the work is progressing in
accordance with established scope of work and schedule milestones;
• Documenting contract monitoring activities and maintaining supporting contract records
as specified in 2 CFR 200.333;
• Provides direction to ensure the proposed work is advertised properly;
• Prepares and distributes the Request for Qualifications (RFQ), description of work, and
Request for Proposals (RFP), if used;
• Prepares the draft contract;
• Arranges for preparation before an independent estimate of the value of the work to be
contracted out;
• Ensures that the selection procedures are followed;
• Analyzes the selected/best-qualified consultant's cost proposal;
• Ensures contract audit and review procedure is followed;
• Ensures that fee/profit negotiation is conducted and keeps records;
• Serves as the local agency's primary contact person for the successful consultant;
• Monitors the consultant's progress and provides direction;
• Ensuring consultant costs billed are allowable in accordance with the Federal cost
principles and consistent with the contract terms as well as the acceptability and
progress of the consultant's work;
• Identifies other locaf agency staff for the consultant to contact, if needed;
• Closes out the contract at completion, by processing the final invoice; completing a
mandatory consultant evaluation, and final DBE utilization reports (Exhibit 17-F: Final
Report Utilization of Disadvantaged Business Enterprises (DBE) and First -Tier
Subcontractors).
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Segmenting Consultant Work
Consultant services are most effective when consultant work is segmented appropriately. The
extent of segmenting depends upon the type and complexity of the work. Combining preliminary
engineering tasks with the preparation of the required environmental analysis is normally
desirable. Preparing an Environmental Assessment (EA) or Environmental Impact Statement
(EIS) is more than simply writing a report. Assessment and impact reports include preliminary
engineering needed to analyze project alternatives and produce an engineering and planning
assessment. Initial project studies include only as much traffic and engineering analysis of
alternatives, as is needed to produce a sound EA or EIS (see LAPM Chapter 6 Environmental
Procedures and Standard Environmental Reference (SER) Chapters 31: Environmental
Assessment (EA)/Finding of No Significant Impact (FONSI) and Chapter 32: Environmental
Impact Statement (EIS). Final design shall not begin until NEPA environmental approval has
been received if federal reimbursement is desired.
Refer to Figure 10-2: Segmenting Consultant Work below, which illustrates several satisfactory
ways to segment consultant activities.
Preliminary Engineering
Environmental Analysis
Plans, Specifications
&Estimates
Right of Way Activities
Utility Relocation
Construction Engineering
Well -structured
Projects
With Simple
Right of Way
Requirements
Well -structured
Projects
With Complex
Right of `Vay
Requirements
More
Difficult
Projects
Very
Complex
Projects
Figure 10-2: Segmenting Consultant Work
Specify Products to be Delivered
The Contract Administrator identifies the products and services to be delivered as a result of
consultant contract work, and minimum qualification of consultant professionals and staff. These
vary depending upon the type of projects and the phase of project development being
addressed.
Scope of Consultant Work
The scope of work, which the contract must include, is a detailed description of the products or
services the consultant is to provide. From a detailed scope of work, consultants respond to a
project advertisement; determine personnel and time requirements; and develop a technical
proposal. Therefore, the scope of work must be clear, concise, complete, and describe the
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deliverables, standards for design and other work, quality control measures, acceptance criteria
and deadlines.
Non -Discrimination Clause
The Non -Discrimination Clause (Exhibit 10-R: A&E Boilerplate Agreement Language, Article
XVI Statement of Compliance) must be included in each consultant contract. The consultant
must include the non-discrimination and compliance provisions of the Non -Discrimination
Clause in all subcontracts to perform work under the contract.
Disadvantaged Business Enterprise (DBE) Participation
When administering federal -aid projects, federal regulations (49 CFR, Part 26) require a local
agency to comply with the DBE program, and take necessary steps to ensure that DBE firms
have the opportunity to participate in the projects. Refer to Chapter 9: Civil Rights and
Disadvantaged Business Enterprises for DBE requirements for A&E Consultant Contracts.
Estimated Cost of Consultant Work
An independent estimate for cost or price analysis is needed for all consultant contracts (23
CFR 172.7(a)(1)(v)(B)) to ensure that consultant services are obtained at a fair and reasonable
price. The estimate is prepared in advance of requesting a cost proposal from the top -ranked
consultant, so the local agency's negotiating team has a cost comparison of the project to
evaluate the reasonableness of the consultant's cost proposal. The estimate, which is
specifically for the use of the local agency's negotiating team, is to be kept confidential and
maintained for records.
A good cost estimate can be prepared only if the scope of work is defined clearly. The scope of
work must include a list of the products or services which the consultant is required to deliver,
and a time schedule of when they must be delivered.
It should be stressed that all work to be derived from the consultant services, such as
preliminary design, environmental or final design, must be clearly identified in the solicitation of
consultant services (RFQ or RFP) and included in the cost estimate. The addition of work to the
original scope by amendment should be avoided whenever possible. Contract modifications are
required for any amendments to the terms of the existing contract that change the cost of the
contract; significantly change the character, scope, complexity, or duration of the work; or
significantly change the conditions under which the work is required to be performed.
Some of the costs estimating techniques are:
Analogous Estimating:
Analogous cost estimating is using the actual cost of a previous, similar contract as the basis for
estimating the cost of the current contract. Analogous cost estimating is frequently used to
estimate costs when there is a limited amount of detailed information about the project.
Analogous cost estimating is generally less accurate and it is most reliable when previous
projects are similar in fact, and not just in appearance, and it uses expert judgment.
Parametric Estimating:
Parametric estimating is a technique that uses statistical relationship between historical data
and other variables to calculate a cost estimate for an activity resource. This technique can
produce a higher level of accuracy depending upon the sophistication, as well as underlying
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resource quantity and the cost data. A cost example would involve multiplying the planned
quantity of work by the historical cost per unit to obtain the estimated cost of the contract.
Bottom -up Estimating:
This technique involves estimating the cost for individual work in the contract with the lowest
revel of detail. This detailed cost is then summarized or rolled up to determine a total cost of
contract. Cost detail should include estimated hours per task, labor hourly cost for professional
and non-professional classifications, subconsultant costs, other project direct costs, and profit.
Labor costs should be broken down to direct labor and indirect cost rates, if possible.
If more than one project or phase of work is to be developed within the consultant contract,
separate cost estimates are required for each project or phase of work. Separate cost estimates
are required for each milestone and portion of the work expected to be subcontracted.
For on -call (as -needed) contracts, the cost estimate/analysis should include at minimum, a
historical analysis of annual needs for consultant work, professional labor cost and market
analysis, and reasonable profit analysis.
Determine Type of Contract
Types of contracts to be used are described as follows:
• Project -specific contract is between the local agency and consultant for the performance
of services and a defined scope of work related to a specific project or projects.
• Multi -phase contract is a project -specific contract where the defined scope of work is
divided into phases which may be negotiated and executed individually as the project
progresses.
• On -call contract is a contract that may be utilized for a number of projects, under which
task or work orders are issued on an as -needed basis, for an established contract period
and maximum total contract dollar amount. On -call contracts are typically used when a
specialized service of indefinite delivery or indefinite quantity is needed for a number of
different projects, such as construction engineering, design, environmental analysis,
traffic studies, geotechnical studies, and field surveying, etc. Many agencies use these
contracts to address peaks in workload of in-house engineering staff and/or to perform a
specialized service which the agency does not have. On -call contracts shall specify a
reasonable maximum length of contract, not to exceed 5 years, and a maximum total
contract dollar amount (23 CFR 172). The maximum dollar amount for all contracts
awarded under the solicitation is stated in the solicitation. The maximum dollar amount is
the aggregate of the on -call contracts anticipated to be awarded. If the solicitation lists
that up to 5 contracts may be awarded, the aggregate amount of these 5 contracts is the
maximum contract dollar amount. How many contracts are anticipated to be awarded
must be stated in the solicitation. How task orders will be issued must be stated in the
solicitation (two options exist: geographically designated areas or additional competitive
solicitation to all consultants who provide the same type of service and awarded a
contract under the same solicitation).
o To maintain the intent of the Brooks Act (40 USC 1101-1104) in promoting open
competition and selection based on demonstrated competence and
qualifications, on -call consultant contracts established through the RFQ process
must meet the following requirements:
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• Must define a general scope of work, complexity, and professional nature
of services.
• Specify a task order procedure the local agency uses to procure project
specific work under the contract.
• No task order is valid unless the on -call contract is still enforced. For
example, if the on -call contract is expired, all task orders issued after the
contract expiration date will become invalid.
• If multiple consultants are to be selected and multiple on -call contracts
awarded through a single solicitation for specific services, the number of
consultants that may be selected or contracts that may be awarded must
be identified.
• Specify procurement procedures in the contracts the local agency will use
to award/execute task orders among the consultants:
o Either through an additional qualification -based selection process (see
the Two -Step RFQ/RFQ process later in this chapter), OR
o On regional basis whereby the region is divided into areas identified in
the solicitation, and consultants are selected to provide on -call
services for assigned areas only. The RFP may list multiple regions
that allow consultants to crossover or be a "backup" to other
consultants that for specifically documented reasons are not able to
perform the work in their assigned region. Per 23 CFR 172.9
(a)(3)(B)(2), the "backup" option needs to be listed in the respective
contracts.
o An example of acceptable contract wording in multiple on -call contracts for the
same type of service:
• "Agency has or will enter into three (3) task order contracts for
performance of the Scope of Services identified in Exhibit "A", including
this Agreement ("CM Services Task Order Contracts"). The other CM
Services Task Order Contracts are [identify other two contracts by
agreement numbers and consultant firms]. The total amount payable by
Agency for the CM Services Task Order Contracts shall not exceed a
cumulative maximum total value of Seven Million, Five Hundred
Thousand Dollars ($7,500,000) ("NTE Sum"). It is understood and agreed
that there is no guarantee, either expressed or implied that this dollar
amount will be authorized under the CM Services Task Order Contracts
through Task Orders. Each time a Task Order is awarded under any of
the CM Services Task Order Contracts, the Agency shall send written
notification to Consultant and each of the other consultants entering into
the CM Services Task Order Contracts. The notice shall identify the total
funds allocated under issued Task Orders, and the remaining
unencumbered amount of the NTE Sum. Consultant acknowledges and
agrees that Agency shall not pay any amount under this Agreement that
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would exceed the NTE Sum, and Consultant shall not enter into a Task
Order that exceeds the NTE Sum."
Determining the Project Schedule
The local agency develops a schedule for performance of work and completion of the project.
The schedule must include sufficient time to allow for:
• Selecting the consultant;
• Developing the consultant contract;
• Completing the A&E consultant contract audit process;
• Conducting meetings and project reviews.
Determine Method of Payment
The method of payment of contract must be specified. Four methods are permitted depending
on the scope of services to be performed reference 23 CFR 172.9(b):
• Cost -Plus -Fixed Fee (see Exhibit 10-H: Sample Cost Proposal, Example #1);
• Cost Per Unit of Work (see Exhibit 10-H, Example #3);
• Specific Rates of Compensation (see Exhibit 10-H, Example #2);
• Lump Sum (see Exhibit 10-H, Example #1).
The method of payment to the consultant shall be set forth in the original solicitation, contract,
and in any contract modification thereto. A single contract may contain different payment
methods as appropriate for compensation of different elements of work.
The cost plus a percentage of cost and percentage of construction cost methods of payment
shall not be used. Both of these methods are explicitly prohibited by Federal Regulations.
Cost -Plus -Fixed Fee
The consultant is reimbursed for costs incurred and receives an additional predetermined
amount as a fixed fee (profit). Federal regulations require that profit be separately negotiated
from contract costs. The determination of the amount of the fixed fee shall take into account the
size, complexity, duration, and degree of risk involved in the work. The fixed fee is not
adjustable during the life of the contract. The fixed fee dollar amount must be clearly stated in
the contract.
This method of payment is appropriate when the extent, scope, complexity, character, or
duration of work cannot be precisely predicted. The fixed fee limit applies to the total direct and
indirect costs. Fixed fees in excess of 15 percent of the total direct labor and indirect costs of
the contract may be justified only when exceptional circumstances exist. The contract shall
specify a reasonable maximum length of contract period and a maximum total contract dollar
amount (see Exhibit 10-H: Sample Cost Proposal Example #1 and Exhibit 10-R: A&E Sample
Contract Language, Article V, Option 9 in this chapter). The contract cost proposal must identify
all key employees and/or classifications to be billed. New key employees and/or classifications
must be approved by the local agency before they incur work on the contract or the costs can
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be questioned or disallowed. Local agencies are not required to update the Exhibit 10-C
database. For more details reference Section 10.1.8.
Cost Per Unit of Work
The consultant is paid based on specific item of work performed. The item of work must be
similar, repetitious and measurable, such as geotechnical investigation and material testing.
This method of payment is appropriate when the cost per unit of work can be determined with
reasonable accuracy in advance, but the extent or quantity of the work is indefinite. Contract
payment provisions must specify what is included in the price to be paid for each item. Any item
of work not identified in the contract cost proposal is not eligible for reimbursement. New items
of work (those within the original scope of work only) must be amended into the contract before
work is performed. The contract shall also specify a reasonable maximum length of contract
period and a maximum total contract dollar amount (see Exhibit 10-H, Example #3 and Exhibit
10-R, Article V Option 2).
Specified Rates of Compensation
The consultant is paid at an agreed and supported specific fixed hourly, daily, weekly or monthly
rate, for each class of employee engaged directly in the work. Such rates of pay include the
consultant's estimated costs and net fee (profit). Federal regulations require that profit be
separately negotiated from contract costs. The specific rates of compensation, except for an
individual acting as a sole proprietor, are to include an hourly breakdown, direct salary costs,
fringe benefits, indirect costs, and net fee. Other direct costs may be included, such as travel
and equipment rentals, if not already captured in the indirect cost rate. Other direct costs
regardless of amount are to be listed on the cost proposal.
This method of payment should only be used when it is not possible at the time of procurement
to estimate the extent or the duration of the work, or to estimate costs with any reasonable
degree of accuracy. This method should not be used for project specific contracts and is
recommended for on -call contracts for specialized or support type services, such as
construction engineering and inspection, where the consultant is not in direct control of the
number of hours worked, and it also requires management and monitoring of the consultant's
level of effort and the classification of employees used to perform the contracted work. The
contract shall also specify a reasonable maximum length of contract period and a maximum
total contract dollar amount (see Exhibit 10-H, Example #2 and Exhibit 10-R, Article V Option 3).
Lump Sum
The consultant performs the services stated in the contract for an agreed amount as
compensation, including a net fee or profit. This method of payment is appropriate only if the
extent, scope, complexity, character, duration, and risk of the work have been sufficiently
defined to permit fair compensation to be determined and evaluated by all parties during
negotiations (see Exhibit 10-H: Sample Cost Proposal, Example #1 and Exhibit 10-R: A&E
Sample Contract Language, Article V: Option 4). Normally, a lump sum contract will be paid in
full at end of the contract when completed. However, a lump sum contract can be negotiated
with progress payment if feasible. The progress payment shall be based on percent of work
complete or completion of clearly defined milestones. The contract cost proposal shall
document the agreed upon progress payment and include the necessary milestones costs, or
the percent work complete schedule.
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Changes to Exhibit 10-H requiring resubmittal to Independent Office of Audits and Investigations
for review:
• Consultant name change
• New participating subconsultant
• Change in ICR rate
Since these changes require an amendment, focal agency is to update the Exhibit 10-C
database.
A firm fixed price method of payment is not the same as lump sum. A firm fixed price contract
shall not be amended.
10.1.3 A&E CONSULTANT AUDIT AND REVIEW PROCESS
This section outlines the audit and review process for A&E contracts that at any time use
state or federal funds. All proposed A&E contracts and supporting documents are subject to
audit or review by Caltrans' Independent Office of Independent Office of Audits and
Investigations (IOAI), other state audit organizations, or the federal government. Not all
proposed contracts will be audited or reviewed; rather, they will be selected on a risk -based
approach.
Applicable Standards
State and federal requirements listed below, and specific contract requirements, serve as
the standards for audits and reviews performed.
Local agencies, consultants, and subconsultants are responsible for complying with state,
federal, and specific contract requirements. Local agencies are responsible for determining
the eligibility of costs to be reimbursed to consultants.
Applicable standards include, but are not limited to:
Caltrans Local Assistance Procedures Manual (LAPM);
State and Federal agreements between local agencies and Caltrans, (i.e. Master
Agreements);
• Project Program Supplemental Agreements;
• 23 United States Code (U.S.C.), Section 112 — Letting of Contracts;
• 40 U.S.C., Chapter 11: the Brooks Act;
• 23 CFR, Chapter 1, Part 172 - Procurement, Management, and Administration of
Engineering and Design Related Services;
• 23 CFR, Chapter 1- Federal Highway Administration, Department of
Transportation;
• 48 CFR, Federal Acquisition Regulation (FAR), Chapter 1, Part 31- Contract Cost
Principles and Procedures;
• 48 CFR, Chapter 99 — Cost Accounting Standards (CAS), Subpart 9900;
• 2 CFR, Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards;
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• United States Government Accountability Office, Government Auditing Standards -
Generally Accepted Government Auditing Standards (GAGAS);
• California Government Code sections 4525-4529; and
• Proposed contract terms and conditions.
See Section 10.10: References of this Chapter for links to above referenced standards.
Audit Guidance Available
The American Association of State Highway and Transportation Officials, Uniform Audit &
Accounting Guide (AASHTO Audit Guide), which is referred to frequently in this section, is a
valuable tool to guide local agencies, consultants and Certified Public Accountants (CPA)
through the requirements for establishing, and audits of FAR compliant Indirect Cost Rates
(ICR). The AASHTO Audit Guide is used extensively as an industry guide in the audit and
review process.
Local agencies may seek accounting assistance from internal audit staff and an independent
CPA for compliance. The consultant may seek professional guidance in selecting its
independent CPA. See also the AASHTO Audit Guide, Ch 2.5C. Selection of CPA Firm as
Overhead Auditor for guidance in the selection process. Training is also offered by FHWA's
National Highway Institute (see http://www.nhi.fhwa.dot.gov/defaultaspx). Courses offered
include:
• Using the AASHTO Audit Guide for the Procurement and Administration ofA&E
Contracts (FHWA-NHI-231028)
• Using the AASHTO Audit Guide for the Development of A&E Consultant Indirect Cost
Rates (FHWA- NHI-231029)
• Using the AASHTO Audit Guide for the Auditing and Oversight of A&E Consultant
Indirect Cost Rates (FHWA-NHI-231030)
For training and additional information provided by Caltrans Local Assistance, visit Caltrans
Local Assistance Blog at http://www.localassistanceblog.com/. For FHWA's Q&A for ICRs
and audits, and A&E related services, visit FHWA at
http://www.fhwa.dot.gov/programadmin/172ga.cfm.
Allowable Costs
23 USC 112 (b)(2)(B) states that any A&E contract or subcontract awarded, whether funded
in whole or in part with Federal -aid highway funds in furtherance of highway construction
projects, shall be performed and audited in compliance with the Federal cost principles.
Local agencies are required to perform a cost analysis to ensure all costs are allowable and
in compliance with federal and state requirements and retain documentation of negotiation
activities and resources. Hourly rate(s) for each key personnel and/or classification of
employee(s) proposed in cost proposals must be reasonable for the work performed and
actual, allowable, and allocable in accordance with the Federal cost principles. Costs shall
be allowable only if the cost is incurred and cost estimates included in negotiated prices are
allowable in accordance with the federal and state regulations and procedures, and contract
provisions. Examples of Cost Analysis Worksheets are provided at Exhibit 10-H 1 through 4.
Local agencies are required to apply Caltrans accepted consultant or subconsultant's ICRs,
to contracts. An ICR is valid for the one-year applicable accounting period accepted or
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audited by Caltrans. Consultants shall update, on an annual basis, ICRs in accordance with
the consultant's annual accounting period and in compliance with the Federal cost
principles. For further guidance, refer to 23 CFR Part 172.11(b)(1). If the consultant is
subject to Cost Accounting Standards (CAS), the consultant must use the applicable ICR for
the contract.
A consultant's accepted ICR for its one-year applicable accounting period shall be applied to
contracts; however, once an ICR is established for a contract, it may be extended beyond
the one-year applicable period, through the duration of the specific contract, provided all
concerned parties agree. Agreement to the extension of the one-year applicable period shall
not be a condition or qualification to be considered for the work or contract award. The
contract must clearly specify the ICR period if it is beyond the one-year applicable period.
Consultants shall account for costs appropriately and maintain records, including supporting
documentation, adequate to demonstrate that costs claimed have been incurred, and are
allowable, reasonable, and allocable to the contract, and comply with Federal cost principles.
IOAI and representatives of the Federal Government have the right to conduct an audit of al]
contract costs. If the costs are subsequently determined to be unallowable, these costs are
subject to repayment. For further guidance, refer to 23 CFR Part 172 and 48 CFR Part 31.
Generally, whenever local agencies, consultants and/or contractors are unable to provide
requested documentation, it shall be viewed that the services were either not performed or
the costs not properly recorded. Retention of all documents is required as it reduces the
possibility of audit findings and disallowed costs. For more references, refer to Applicable
Standards in this chapter.
Approval or Acceptance of indirect Cost Rates
Cognizant Letters of Approval
A cognizant approved ICR has been audited by a Cognizant agency (a State transportation
agency of the State where the consultant's accounting and financial records are located or a
State transportation agency to which cognizance for the particular indirect cost rate(s) of a
consulting firm has been delegated or transferred to in writing by the State transportation
agency where the consultant's accounting and financial records are located) in accordance
with generally accepted government auditing standards to test compliance with the
requirements of the Federal cost principles (per 48 CFR part 31) and the cognizant agency has
either 1) issued an audit report of the consultant's indirect cost rate or 2) conducted a review of
an audit report and related workpapers prepared by a certified public accountant and issued a
letter of concurrence with the audited indirect cost rate(s). The cognizant agency approves the
ICR and a cognizant approval letter is issued.
Caltrans Acceptance of Indirect Cost Rate
When the ICRs have not been established by a cognizant agency, Caltrans shall perform an
audit or review of a consultant's and subconsultant's ICR(s) to provide reasonable assurance of
compliance with Federal cost principles.
An audit or review of the ICR may consist of one or more of the following:
• Perform a review to determine if the ICR was prepared in accordance with 23 CFR 172,
and 48 CFR, Chapter 1, Part 31;
• Perform an audit to determine if the ICR was prepared in accordance with 23 CFR 172,
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and 48 CFR, Chapter 1, Part 31; and issue an audit report;
• Review and accept an ICR audit report and related workpapers prepared by a CPA or
another State Transportation Agency;
The outcome of an audit or review is for Caltrans to approve or accept the 1CR so that it can be
relied upon for future contracts with the consultant for a given one-year accounting period and
for reliance by other contracting agencies using the same consultant. Local agencies shall
ensure that only approved or accepted ICRs of consultants for the applicable one-year
accounting period be applied to contracts, if rates are not under dispute. Local agencies may
check IOAI's website for consultant's approved or accepted ICRs. All approved or accepted
ICRs are issued an Acceptance Identification (ID) number by IOAI that is posted to IOAI's
website at https://iq.dot.ca.gov/audits/. This ID number should be referenced on all future
contracts that use the same fiscal year ICR. ICR can be fixed for the life of the contract in prior
written document or annually updated. Once it has been updated, it must be annually updated
and the most current fiscal year of ICR must be used.
ICRs that have not been accepted by Caltrans will not be eligible for indirect cost payment. An
ICR approved by a cognizant agency may be used across states for the one-year applicable
accounting period, but an ICR accepted by Caltrans may only be applied to A&E contracts with
Caltrans or local agency contracts using pass -through Caltrans funding. Local agencies include
Cities, Counties, Metropolitan Planning Organization, Special Districts, and Regional
Transportation Planning Agencies.
Financial Review Performed Prior to Contract Execution
All consultants, including prime and subconsultants, on a proposed contract with a dollar
value greater than $150K are subject to an 1CR financial review by 1OAI. The financial
documents required are detailed in Exhibit 10-A, A&E Consultant Financial Document Review
Request Letter and Exhibit 10-A Checklist. IOAI will review the 1CR financial documents to
either accept or adjust the indirect cost rate prior to contract execution using a risk -based
approach as dictated by factors that include but are not limited to:
• History of satisfactory performance and professional reputation of consultant;
• Prior FAR compliant history and audit frequency;
Experience of consultant with FAHP contracts;
General responsiveness and responsibility;
The approximate contract volume and dollar amount of all A&E contracts awarded to
the consultant by Caltrans or a local agency in California within the last three
calendar years;
The number of states in which the consultant does business;
• The type and complexity of the consultant's accounting system;
• The relevant professional experience of any CPA performing audits of the
consultants indirect cost rate;
• Assessment of consultant's internal control. Responses to internal control
questionnaire, see AASHTO Audit Guide, Appendix B;
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• For ICRs that have been adjusted by IOAI, the consultant must provide a revised cost
proposal that reflects the adjusted ICR.
Local Agencies' Responsibilities
Local Agencies are responsible for obtaining all required ICR supporting documentation
from A&E prime consultants and sub -consultants as outlined in Exhibit 10-A: A&E
Consultant Financial Document Review Request and the Exhibit 10-A-Checklist. Local
Agencies are responsible for forwarding these documents to IOAI for review. Local agencies
are also required to ensure that IOAI has copies of the Exhibit 10-K: Consultant Certification
of Contract Costs and Financial Management System and Exhibit 10-H: Cost Proposal for all
consultants, both prime and sub -consultants. The ICR included in Exhibit 10-H must match
the ICR included in the Exhibit 10-K and the consultant's ICR schedule. The proposed ICR,
however, can be lower than ICR in Exhibit 10-K and the consultant's ICR schedule if the
consultant elects to propose a lower ICR. For contracts spanning more than one year, local
agencies are responsible for ensuring the Exhibit 10-K and cost proposals are updated annually
unless all concerned parties agree to fix the ICR for the term of contract, and this is clearly
specified in the contract. ICR updates are not required to IOAI if the ICR is fixed for the life
of the contract. ICR's are only reviewed for consultants that are being awarded a contract,
not consultants on a shortlist or prequalified list.
The Exhibit 10-H: Cost Proposal includes contract costs: direct salary or wage rates, fixed
fees, other direct costs, indirect costs, total costs, and certification for the costs. Local
agencies must perform and retain documentation of activities and resources used to support
that a cost analysis has been performed to establish that costs and elements were
determined to be fair and reasonable in accordance with Federal cost principles.
All contract supporting documentation must be retained by the local agency in project files for
the required retention period. Unsupported costs may be disallowed and required to be
returned to Caltrans. Having proper documentation policy and procedures, trained staff and
organized project files are essential for demonstrating that costs claimed and reimbursed
have been incurred, are eligible, reasonable, allowable, and allocable to the contract and
comply with Federal cost principles.
Contracts below $150,000 are not subject to the Caltrans Financial Document Review but
local agencies are required to establish that all costs are in compliance with the Federal cost
principles, 48 CFR, Chapter 1, Part 31, and other applicable requirements are met. All
documents listed above and cost analysis documents are required to be retained in the
project files to demonstrate compliance.
Instructions are provided in the Exhibit 10-A on the requirements for submitting a complete
Financial Review packet. Financial packets can be e-mailed to:
conformance. review(a7dot.ca.gov.
Alternatively, if you do not have Internet access, you can mail Financial Review packets to:
Department of Transportation
Independent Office of Audits and Investigations
MS 2 Attention: External Audit Manager
P.O. Box 942874
Sacramento, CA 94274-0001
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Consultants' Responsibilities (Both prime consultants and subconsultants)
A&E prime consultants and subconsultants in contract with local agencies using state or
federal -aid highway funds should refer to Exhibit 10-A and the 10-A Checklist for the ICR
financial documents required to be submitted to their local agency. Consultants must
complete the "Annual Certification of Indirect Costs and Financial Management System"
(Exhibit 10-K) that attests that the ICR rate proposed is in compliance with FAR (48 CFR,
Chapter 1, Part 31) and that the consultant's financial management system is adequate to
accumulate and segregate, reasonable, allowable, and allocable direct and indirect project
costs. The Exhibit 10-A and 10-K should be submitted to the local agency who will forward a
copy to IOAI along with all other related and required financial documents. For all future
contracts within a same fiscal year, the consultant needs to only provide a copy of the Exhibit
10-K to the Local Agency.
Consultants must follow all the federal, state, and contract requirements outlined above in the
Section above, "Applicable Standards". Each contracting consultant must ensure its ICR is not
combined with any parent company's or subsidiary's ICR.
ICR schedules for both prime consultants and sub -consultants should be prepared using the
accrual basis of accounting and be presented in compliance with the Federal cost principles.
Figure 10-3 at the end of this chapter provides an example of a Standard Indirect Cost Rate
Schedule that consultants can use when preparing their own.
For public works Prevailing Wage contracts, all workers must be paid the prevailing wage
rate determined by the Director of the Department of Industrial Relations according to the
type of work and location of the project. http://www.dir.ca.qov/Public-Works/Prevailing-
Wage.html.
For guidance see Caltrans' Prevailing Wage Interpretive Guidance and webinar on IOAI's
website https:l/iq.dot.ca.govlaudits.
When determined necessary, IOAI may request additional information, such as a labor
distribution summary and Executive Compensation Analysis (ECA). A consultant's labor
distribution summary report is a labor expense report that detail all hours worked (paid and
unpaid) for a fiscal year, wages earned, and benefits accrued by all the consultant's
employees. The labor summary report should include employee names, salaries, hourly
rates, total hours worked segregated by direct hours, indirect hours, paid time off hours, and
uncompensated hours and amounts.
An ECA is an evaluation by the consultant to determine the aliowability and reasonableness
of executive compensation in compliance with Federal cost principles and the AASHTO Audit
Guide that can be based on either the National Compensation Matrix or independent
compensation surveys.
Independent Office of Audits and Investigations' Responsibilities
After IOAI receives a consultant's complete financial document packet (per Exhibit 10-A and
Exhibit 10-A Checklist) from the local agency, IOAI will review the proposed ICR and
supporting documents and notify local agencies in writing whether the proposed ICRs are
accepted or adjusted.
Contracts will be executed after IOAI either accepts or adjusts the ICR and a revised final cost
proposal (if applicable) is received. Correction of the final cost proposal, however, does NOT
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need to be cleared through Caltrans IOAI before executing the contract. An email
notification from IOAI serves as documentation to support an accepted ICR.
Audits and Reviews to be Performed
After contract execution, a consultant's ICR may be subject to further detailed review or audit
by IOAI based on certain risk factors. Costs that are determined to be unallowable as a result
of the review or audit will be subject to repayment.
Indirect Cost Rate Audits
During an ICR audit, IOAI or an independent CPA will examine the consultant's proposed
ICR for a one-year accounting period to ensure that unallowable costs have been removed
from the indirect costs, that allowable costs have been correctly measured and properly
charged and allocated, and that the ICR has been developed in accordance with the Federal
cost principles (as specified in 23 U.S.C. Section 112(b)(2)(B), 23 CFR Part 172.11, 48 CFR
Part 31 and other FAR and State requirements). As a result of the audit, the local agency
will work with the consultant to adjust the ICR based on audit recommendations.
For guidance regarding the existing policies and procedures set forth in the federal
regulations, and acceptable ICR schedules, refer to the AASHTO Audit Guide, Chapter 5,
and Figure 10-3 Standard Indirect Cost Rate Schedule in this Chapter. There is also a review
program at Appendix A which serves as a guide for CPAs and IOAI when performing ICR
audits and can also be used as a resource for consultants when preparing for an ICR audit.
CPA Workpaper Reviews
During a workpaper review of a CPA audit of an ICR, IOAI will review the CPA's audit
workpapers to determine whether to issue a Cognizant Letter of Approval for the ICR. The
CPA Workpaper Review determines whether: (a) the CPA's audit of the ICR was conducted
in accordance with Generally Accepted Government Auditing Standards (GAGAS), (b) the
CPA adequately considered the auditee's compliance with the Federal cost principles and
related federal and state laws and regulations.
Chapter 11 of the AASHTO Audit Guide provides information to the CPA on the required
audit disclosures.
IMPORTANT NOTE FOR CPAs: Contracts receiving state or federal funds are highly
scrutinized. Materiality levels tend to be lower and more testing is required. GAGAS
provides that auditors may find it appropriate to use lower materiality levels as compared
with the materiality levels used in non --GALAS audits because of the public accountability of
government entities and entities receiving government funding, various legal and regulatory
requirements, and the visibility and sensitivity of government programs. The AASHTO Audit
Guide should be used as a tool for performing audits and attestations of A&E firms.
Contract Audits
During a Contract Audit, auditors will review a consultant's financial management system
and contract cost proposal to determine if:
• The consultants' accounting system is adequate to accumulate and segregate costs;
• Costs are reasonable, allowable, allocable and supported adequately;
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• The contract contains all required fiscal provisions;
• Proper state and federal procurement requirements were followed.
Incurred Cost Audits
During an Incurred Cost Audit, auditors will review incurred contract costs to determine if:
• Cost data are maintained in an accounting system that adequately gathers, records,
classifies, summarizes, and reports accurate and timely financial data for direct and
indirect project costs by account;
. Costs are adequately supported, reasonable, allowable, and allocable;
• Costs incurred are in compliance with state and federal laws and regulations;
. Costs incurred are in compliance with the Master Agreement and Supplemental
Agreement;
• Costs incurred are in compliance with the fiscal provisions stipulated in the contract;
and
• The terms required by the Master Agreement and federal laws and regulations are
in the contract.
Audit Findings and Review Deficiencies
If a consultant's ICR is audited or reviewed, focal agencies are responsible for ensuring all
executed and future contracts reflect the audited and adjusted fiscal year ICR(s). Local
agencies should request reimbursement from the consultant for overpayment on rates that
were adjusted down.
The local agencies may be subject to sanctions outlined in LAPM Chapter 20: Deficiencies
and Sanctions if the state or federal government determines that any reimbursements to the
consultant are the result of lack of proper contract provisions, unallowable charges,
unsupported activities, or an inadequate financial management system.
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Example of a FAR Compliant Indirect Cost Rate Schedule - Sample Consulting Company
Statement of Direct Labor, Fringe Benefits, and General Overhead for the Year Ended December 31, 20xx
Description
General
Ledger
Balance
Unallowable
FAR
Reference
Total
Proposed
Home
Office
Field
Office
Direct Labor $123,456,789 ($934,568)
(1)(15) $122,522,221 $85,765,555 $36,756,666
Fringe Benefits
Vacation/Paid Leaves
$17,283,950
$17,283,950
$12,098,765
$5,185,185
Payroll Taxes
$1,530,864
($30,617)
(15)
$1,500,247
$1,050,173
$450,074
Medical Insurance
$10,864,197
$10,864,197
$7,604,938
$3,259,259
401K Match
$4,938,272
$4,938,272
$3,456,790
$1,481,481
Incentives and Bonus
$15,308,642
($3,123,456)
(2)
$12,185,186
$8,529,630
$3,655,556
Other Employee
Benefits
$2,515,280
($553,433)
(3)
$1,961,847
$1,373,293
$588,554
Total Fringe Benefits
$52,441,206
($3,707,506)
$48,733,700
$34,113,590
$14,620,110
General &
Administrative Overhead
Indirect Overhead
Labor
$72,696,030
($4,452,541)
(1)(2)(4)(15)
$68,243,489
$65,790,948
$2,452,541
Purchased
Labor/Subconsultants
$22,433,019
($22,433,019)
(5)
$ -
$ -
$ -
Office Rent
$12,345,679
($987,654)
(6)
$11,358,025
$11,038,025
$320,000
Supplies & Utilities
$5,753,086
$5,753,086
$4,027,160
$1,725,926
Postage and
Shippin;
$1,770,000
8321,456
(5)
$2,091,456
$1,464,019
$627,437
Equipment and
Maintenance
$3,812,346
$3,812,346
$2,512,789
$1,299,557
Depreciation
Expense
$6,202,469
($1,345,678)
(7)
$4,856,791
$3,205,482
$1,651,309
Interest
$123,456
($123,456)
(8)
$ -
$ -
$ -
Dues and
Subscription
$123,456
($12,345)
(9)
$111,111
$77,778
$33,333
Advertising &
Marketing
$427,406
($45,678)
(10)
$381,728
$267,210
$114,518
Vehicles
$5,896,123
($147,403)
(5)(11)(14)
$5,748,720
$4,024,104
$1,724,616
Bad debts
$12,345
($12,345)
(12)
$ -
$ -
$
Legal and
Accounting Services
$3,713,580
($222,815)
(13)
$3,490,765
$3,490,765
$ -
Fines and Penalties
$80,000
($80,000)
(16)
$ -
$ -
$ -
Total General &
Admin. Overhead
$135,388,995
($29,541,478)
$105,847,517
$95,898,280
$9,949,237
Total Indirect Costs
Indirect Cost Rates
$154,581,216 $130,011,870 $24,569,347
126.17% 151.59% 66.84%
Figure 10.3: Standard Indirect Cost Rate Schedule
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FAR References:
(1) FAR 31.202: Uncompensated overtime.
(,) FAR 31.205-6: Profit distribution and excess of the reasonable compensation.
(3, FAR 31.205-46, 31.205-14 & 31.205-51: Meals not for valid business purposes and
associated with lobbying and lacking adequate support
(4) FAR 31.201-2: Administrative staff costs billed to projects/clients.
FAR 31.201-2: Subconsultant labor and other direct costs billed to and paid by
contracts/clients.
(6) FAR 31.205-36 and 31.205-17: Capital lease costs, rent paid in excess of reasonable
costs, and idle facilities and capacity costs.
(7) FAR 31.201-2 & 31.205-6: Costs relates to personal use by employees and luxury
vehicles.
FAR 31.205-20: Interest and other financial costs not allowable.
0, FAR 31.201-2: Non -business related dues and subscriptions.
(10) FAR 31.205-1: Costs for advertisement and public relations costs and trade show
expense including labor.
(n) FAR 31.205-46(d) and 31.205-6(m)(2): Personal use of vehicle and lack of mileage logs
and business purpose.
(12) FAR 31-205-3: Bad debts and collection costs.
a3) FAR 31.205-27 and 31.205-47: Reorganization and capital raising related costs and costs
incurred in connection with violation of a law or regulation by the consultant.
n1) FAR 31.205-46: Unreasonable costs and costs not supported by documents and lack of
business purpose.
(Is) FAR 31.201-6(a) & CAS 405-40: Labor costs associated with unallowable costs.
(io FAR 31.205-15: Fines and penalties resulting from violations of laws and regulations.
This section outlines the audit and review process for A&E contracts that at any time use federal
and/or state funds. All proposed A&E contracts and supporting documents are subject to audit
or review by Caltrans' Independent Office of Independent Office of Audits and Investigations
(IOAI), other state audit organizations, or the federal government. Not all proposed contracts will
be audited or reviewed; rather, they will be selected on a risk -based approach.
10.1.4 CONSULTANT SELECTION METHODS
Figure 10-4: Consultant Selection Flowchart shows the three methods normally used in
selecting a consultant. They are:
• One -Step RFP;
• One -Step RFQ;
• Two -Step RFQ/RFP.
The method used depends upon the scope of work, the services required, the project's
complexity, and the time available for selection of the consultant.
Beginning with Section 10.1.5: Consultant Selection Using the One —Step RFP Method, each of
the selection methods is explained in detail. Regardless of the method used, the local agency
shall retain all consultant selection documentation in their project files as required by 23 CFR
Part 172.
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One -Step RFP
The One -Step RFP method may be used for Project —specific contracts when the scope of work
is well defined or for Multi -phased contracts where the defined scope of work is divided into
phases. Other considerations include when the consultant's services are highly specialized and
there are few qualified consultants.
One -Step RFQ
The One -Step RFQ method is used when the requested services are specialized, or the scope
of work is defined broadly and may include multiple projects. Typical services are preliminary
engineering, surveying, environmental studies, preparation of Plans Specifications and Estimate
(PS&E) and environmental documents, or construction management. This method or the two-
step selection process is used for procurement of on -call contract(s). Note that specifications
and requirements in the RFQ must cover all aspects of the final need. A RFP specific to the
project, task, or service must be included in the solicitation for evaluation of a consultant's
specific technical approach and qualifications.
Two -Step (RFQ Followed by RFP)
The Two -Step RFQ/RFP method may be used when the scope of work is complex or unusual.
This method also may be preferred by local agencies that are inexperienced about negotiations
and procedures for establishing compensation. However, the Two -Step RFQ/RFP method is
recommended for procurement of multiple on -call contracts, or on -call list, through a single
solicitation. Regardless of any process utilized for prequalification of consultants or for an initial
assessment of a consultant's qualifications under a RFQ, a RFP specific to the project, task, or
service is required for evaluation of a consultant's specific technical approach and qualifications.
For more information, refer to description of on -call contract in Section 10.1.2: Identifying &
Defining a Need for Consultants. This method requires substantially more work and time than
the other two methods described above.
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10.1.5 CONSULTANT SELECTION USING THE ONE-STEP RFP METHOD
Of the three methods discussed, this one is most easily modified for non-A&E consulting
contracts. This procurement procedure usually involves a single step process with issuance of a
request for proposal (RFP) to all interested consultants. For non-A&E consulting contracts, a
cost proposal shall be part of the RFP and the selection criteria. For A&E contracts, the cost
proposal is not requested until the consultants have been final ranked based upon their
submitted technical proposal.
Appoint Consultant Selection Committee
A consultant selection committee with a minimum of three members is appointed at the
beginning of the consultant selection process. The committee reviews materials submitted by
consultants, develops a shortlist of qualified consultants, and develops a final ranking of the
most qualified proposals. Representation on the committee includes the Contract Administrator
and subject matter experts from the projects functional area. The members should be familiar
with the project/segment to be contracted out and with the local agency standards that will be
used in the contract. Participation by a Caltrans district representative is at the option of the
agency and subject to availability of the DLAE staff. Caltrans participation on the interview panel
does not relieve the local agency of its responsibility to ensure that proper procurement
procedures are followed and all requirements are met.
Local agency Contract Administrator ensures that all committee members meet the conflict of
interest requirements (23 CFR 172) by completing and signing a conflict of interest statement
prior to selection process initiation. A sample conflict of interest form is provided in Exhibit 10-T:
Panel Member Conflict of Interest & Confidentiality Statement.
Develop Technical Criteria for Evaluation of Proposals
The Contract Administrator is responsible for developing the technical criteria, and their relative
importance which are used to evaluate and rank the consultant proposals. In -State or local
preference shall not be used as factor in the evaluation, ranking, and selection phase. All non-
technical evaluation criteria, including DBE participation, shall not exceed 10 percent (23 CFR
172.7(a)(1)(iii)(D)). All price or cost related items which include, but are not limited to, cost
proposals, direct salaries/wage rates, indirect cost rates, and other direct costs are prohibited
from being used as evaluation criteria.
The criteria and relative weights must be included in the RFP, and the same criteria and relative
weights must be used in the evaluation sheets. Failure to include criteria and relative weights
and to use the same criteria and weights during the evaluation will result in the contract costs
being ineligible for federal or state reimbursement. Exhibit 10-B: Suggested Consultant
Evaluation Sheet is a recommended evaluation sheet with criteria and rating points for A&E
consultants, where cost is not used as a rating factor. This format is not mandatory, but it is
recommended in the interest of developing consistency among the hundreds of agencies and
consultants operating in the state. The local agency should consult with the DLAE before
making major changes to the suggested approach.
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Develop Schedule for Consultant Selection
Before the contract is advertised, the Contract Administrator completes a contract procurement
schedule including key dates for consultant selection activities. The Contract Administrator
should confirm key dates with all selection committee members before completing the schedule.
Prepare RFP
The information required in an RFP solicitation includes the following:
• Description of project;
• Clear, accurate, detailed Scope of work, technical requirements, and qualifications;
• Services to be performed;
• Deliverables to be provided;
• Procurement schedule;
• Applicable standards, specifications, and policies;
• Schedule of work (including estimated start and end dates of the contract);
• Method of payment, and cost proposal requirements. The cost proposal is submitted in a
separate concealed format. Cost proposals are requested from the highest ranked firm.
If these negotiations are formally terminated, the cost proposal is then requested from
the next highest ranked firm. See Exhibit 10-H: Sample Cost Proposal (Example 3) for
sample cost proposal formats;
• Contract audit and review process requirements (see Section 10.3: A&E Consultant
Audit and Review Process);
• Proposal format and required contents;
• Method, criteria and weighting for selection;
• Requirements for any discussions that may be conducted with three or more of the most
highly qualified consultants following submission and evaluation of proposals;
• Specify contract type;
• Special provisions or contracts requirements;
• A DBE contract goal is specified in the solicitation (see Exhibit 104: Notice to Proposers
DBE Information), if a federal -aid contract;
• Consultants acting in a management support role requirements Exhibit 10-U: Consultant
in Management Support Role Conflict of Interest and Confidentiality Statement;
• Protest procedures and dispute resolution process per 2 CFR Part 200.318(k), 2 CFR
172.5(c)(18).
The RFP specifies the content of a proposal, the number of copies required, due date, mailing
address, and a physical address where the submittals may be hand delivered if different from
the mailing address. A minimum of fourteen (14) calendar days is required between the time
the RFP is published and time that proposals must be submitted. More time may be required for
complex contracts or projects.
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Items typically required in a technical proposal include:
• Work plan (specify what is to be covered);
• Organizational chart;
• Schedule and deadlines;
• Staffing plan;
• Proposed Team —complete for prime consultant and all key subconsultants;
• Key personnel names and classifications —key team members identified in the original
proposal/cost proposal shall not change (be different than) in the executed contract;
• Staff resumes;
• Names of consultant's project manager and the individual authorized to negotiate the
contract on behalf of the consulting firm;
• Consultant DBE Commitment document, see Exhibit 10-01: Consultant Proposal DBE
Commitment;
• References.
Financial Management and Accounting System Requirements
The local agency must ensure that consultant contract solicitation and advertising documents
(RFPs) clearly specify that contracts shall not be awarded to a consultant without an adequate
financial management and accounting system as required by 48 CFR Part 16.301-3, 2 CFR Part
200, and 48 CFR Part 31. The local agency must ensure the selected consultants have
adequate financial management systems as required by the applicable federal regulations.
Advertise for Consultants
The solicitation process for consultant services shall be by public advertisement, or by any other
public forum or method that assures qualified in -State and out -of -State consultants are given a
fair opportunity to be considered for award of contract. The minimum length of advertisement is
14 calendar days.
Advertisement of the RFP in a major newspaper of general circulation, technical publications of
widespread circulation, professional associations and societies, recognized DBE organizations,
web hosting or clearing houses known for posting government contract solicitations such as
BidSync, Planetbids, or posting the RFP on the local agency's or other widely used websites are
all acceptable methods of solicitation.
To document website postings, the local agency should retain copies of screen shots displaying
the posted begin/end dates.
Issue/Publish RFP
The local agency shall publish the RFP on line and also issue the RFP to all consultants
responding to newspaper advertisement. The local agency shall keep a record of all consultants
that have downloaded RFP on line as well as those receiving an RFP through other means, to
ensure that any inquiry responses, addendums, or amendments to the RFP are given to all
consultants that received the RFP.
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Conduct Proposer's Conference or Answer Written Questions
The local agency may allow for clarification of the RFP by inviting submittal of written questions
or by conducting a proposer's conference, or by doing both. The local agency must publish or
mail their responses to any written questions to all consultants receiving the RFP. No response
should be given to verbal questions. It is important that all competing consultants receive the
same information. If a proposer's conference is to be held, the exact time and place must be
specified in the RFP. Attendance at a proposer's conference normally is not mandatory.
However, consultants not attending the conference do not receive notes from the meeting
unless they request the notes.
Receive and Evaluate Technical Proposals
The Contract Administrator must verify that each proposal contains all of the forms and other
information required by the RFP. If all required information is not provided, a proposal may be
considered nonresponsive and rejected without evaluation. Late submittals, submittals to the
wrong location, or submittals with inadequate copies are considered nonresponsive and shall be
rejected. Submittal of additional information after the due date shall not be allowed.
Documentation of when each proposal was received must be maintained in the project files.
Copies of date stamped envelope covers or box tops are recommended. The members of the
consultant selection committee must evaluate each proposal according to the technical criteria
listed in the RFP. Minimum of three proposals must be received and evaluated. If only two
proposals are received, a justification must be documented to proceed with the procurement.
The justification should state that the solicitation did not contain conditions or requirements that
arbitrarily limited competition per 23 CFR 172(a)(1)(iv) (D) and competition is determined to be
inadequate and it is not feasible or practical to re -compete under a new solicitation per 23 CFR
172(a)(3)(iii)(C). If only one proposal is received, a Non -Competitive process must be justified
and a Public Interest Finding (PIF) must be documented and signed by the DLAE. In either
case, the re -advertisement of the RFP should be considered as an option.
The committee must also evaluate reference checks and other information gathered
independently. Reference checks shall be completed and other information gathered before the
interviews are conducted. If necessary, the results of the reference checks or other information
may be discussed with the highest ranked qualified consultants at the interviews.
Develop Final Ranking and Notify Consultants of Results
The selection committee evaluates each proposal; interviews the three or more highest ranked
consultants (short listed) if noted in solicitation; and develops a final ranking of the highest
ranked consultants. All consultants that submitted proposals must be informed about the final
ranking of consultants. It is important that all competing consultants receive the same
information.
Most consultants will request information as to why they were not the highest ranked. The local
agency may have an established procedure adopted for conducting debriefings but may also
consider the following: The selection committee should keep notes as to why a particular
consultant was not selected. When a consultant requests debriefing, the reasons for not being
selected must be objective reasons. The consultant should not be compared to others and
should not be provided with information about other consultants during this debriefing. Normally,
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the Contract Administrator does the debriefing; however, any member of the selection
committee may be designated to do the debriefing.
Negotiate Contract with Top -Ranked Consultant
Cost proposal (for both Prime and all Subconsultant), and contract audit and review documents
such as Exhibit 10-K: Consultant Certification of Contract Costs and financial Management
System of Costs and Financial Management System and Exhibit 10-A: A&E Consultant
Financial Document Review Request and Checklist, whichever is applicable (see Section
10.1.3: A&E Consultant Audit and Review Process) should be submitted in a separate sealed
envelope. Typically, the cost proposals are submitted by the short listed consultants only, at
time of interview. However, if time is of the essence and it can be justified, or if no interviews are
planned, the cost proposal can be requested from all consultants with their technical proposal.
The cost proposal for the most qualified consultant will be opened and used to begin
negotiations. If agreement cannot be reached, then negotiations proceeds to the next most
qualified consultant. Each consultant's cost proposal must remain sealed until negotiations
commence with that particular consultant. The goal of negotiations is to agree on a final contract
that delivers the services, or products required at a fair and reasonable cost to the local agency.
At the completion of successful cost negotiations, all remaining sealed envelopes containing
cost proposals shall be returned to consultants.
Cost proposals in electronic form shall be submitted separately from the RFP and contained in a
secure database that is inaccessible to the members involved in the A&E consultant contract
procurement process. Only the cost proposal of the most qualified consultant will be requested
to be sent to the members. Cost proposals of unsuccessful consultants are confidential and
shall not be opened by the local agency or any private entity that the local agency uses to store
the cost proposals. Any concealed cost proposals of the unsuccessful consultants must be
returned unopened or properly disposed of in accordance with the local agency's written policies
and procedures.
The independent cost estimate, developed by the local agency in advance of requesting a cost
proposal from the top -ranked consultant, is an important basis and tool for negotiations or
terminating unsuccessful negotiations with the most qualified consultant. Items necessary for
the independent cost estimate include, hours/detailed work, direct labor costs, indirect labor
costs, other direct costs, and profit/fee. Agencies must retain documentation of how the cost
estimate was developed. it can be revised, if needed, for use in negotiations with the next most
qualified consultant. A contract audit and review may be required (see Section 10.1.3: A&E
Consultant Audit and Review Process in this chapter). Local agency Contract Administrator
ensures that all required documentations are provided to Caltrans IOAI within 10 days of written
request, including all documents for a Financial Review, if applicable. Caltrans IOAI will not
proceed with a Financial Document Review until all required documentation is completed
correctly and submitted. Negotiations should be finalized after addressing all deficiencies noted in
the Caltrans IOAI Financial Review Letter if applicable. An indirect cost audit may be performed
within the record retention period of the contract.
Items typically negotiated include:
• Work plan;
• Schedule and deadlines (for deliverables and final duration of contract);
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o Products to be delivered;
• Classification, wage rates, and experience level of personnel to be assigned;
• Cost items, payments, and fees. Fee is required to be negotiated as a separate
element;
• Hours, level of effort by task and/or classification.
The consultant's ICR is not a negotiable item. A lower rate cannot be negotiated by the local
agency. The local agency and the consultant will agree on the final cost proposal and
incorporate into final contract. Retain all documentation related to negotiations.
Before executing the consultant contract, the local agency must review contract to ensure that
all federal and state requirements have been met (see A&E Consultant Procurement Checklist:
https://dot.ca.gov/programs/local-assistance/environmental-and-other-policy-issues/consuitant-
selection-procurement) and adjustment or denial of ICR as identified in the Financial Review
Letter has been included in the final cost proposal, if applicable.
Prior to contract award, or after contract award but no later than the first invoice, the local
agency must submit a completed Exhibit 10-C for all new or amended federal funded A&E
consultant contracts using the database at
http:l/dlaaeoversight.dot.ca.gov/fmilwebd/Exhibit%2010-C (please use Firefox or Chrome if not
supported by your browser).
If there are any changes requiring an amendment to the contract after submittal of Exhibit 10-C,
the local agency must submit an updated Exhibit 10-C and all contract amendments to
http://dlaaeoversight.dot.ca.gov/fmi/webd/Exhibit%2010-C. Submission of Exhibit 10-C to
Caltrans HQ is not required for non-A&E consultant contracts.
10.1.6 CONSULTANT SELECTION USING THE ONE-STEP RFQ METHOD
The RFQ method is used when the services being procured are specialized, or the scope of
work is defined broadly and may include multiple projects.
Appoint Consultant Selection Committee
A consultant selection committee with a minimum of three members is appointed at the
beginning of the consultant selection process. The committee reviews and scores the materials
submitted by consultants in response to the RFQ, develops a shortlist of qualified consultants,
interviews those consultants, and develops a final ranking of the most qualified consultants.
Representation on the committee includes the Contract Administrator and subject matter
experts from the project's functional area. The members should be familiar with the scope of
work to be contracted out and with the local agency standards that will be used in the contract.
Participation by a Caltrans district representative is at the option of the local agency and subject
to the availability of the DLAE staff. Caltrans participation on the interview panel does not relieve
the local agency of its responsibility to ensure that proper procurement procedures are followed
and all requirements are met.
Local agency Contract Administrator ensures that all committee members meet the conflict of
interest requirements (23 CFR 172) by completing and signing a conflict of interest statement
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prior to selection process initiation. A sample conflict of interest form is provided in Exhibit 10-T:
Panel Member Conflict of Interest & Confidentiality Statement.
Develop Technical Criteria for Evaluation of Qualifications
The Contract Administrator is responsible for developing the technical criteria, and their relative
importance which are used to evaluate and rank the consultant qualifications. The criteria and
relative weights must be included in the RFQ, and the same criteria and relative weights must
be used in the evaluation sheets. Failure to include criteria and relative weights and to use the
same criteria and weights during the evaluation will result in the contract costs being ineligible
for federal or state reimbursement. Exhibit 10-B: Suggested Consultant Evaluation Sheet is a
recommended evaluation sheet with criteria and rating points for A&E consultants, where cost is
not used as a rating factor. This format is not mandatory, but it is recommended in the interest
of developing consistency among the hundreds of agencies and consultants operating in the
state. The local agency should consult with the DLAE before making major changes to the
suggested approach.
Develop Schedule for Consultant Selection
Before a contract is advertised, the Contract Administrator completes a contract procurement
schedule including key dates for consultant selection activities. The Contract Administrator
should confirm target dates with all selection committee members before completing the
schedule.
Prepare RFQ
As a minimum, the RFQ generally includes the following:
• General description of the services or project(s);
• Scope of work;
• Schedule of work (including contract begin and end dates);
• Method of payment, and cost proposal requirements. The cost proposal is submitted in a
separate sealed envelope. See Exhibit 10-H: Sample Cost Proposal for sample cost
proposal formats;
• Contract audit and review process requirements (see Section 10.1.3: A&E Consultant
Audit and Review Process);
• Statement of Qualification (SOQ) format and required content to be submitted;
• Method and criteria and weights for selection;
• A DBE contract goal is specified in the solicitation (see Exhibit 10-I: Notice to Proposers
DBE Information), if a federal -aid contract;
• Consultants acting in a management support role requirements Exhibit 10-U: Consultant
in Management Support Role Conflict of Interest and Confidentiality Statement; Protest
procedures and dispute resolution process per 2 CFR Part 200.318(k).
The RFQ specifies the content of the SOQ, the number of copies required, due date, mailing
address, and a physical address where the submittals may be hand delivered if different from
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the mailing address. Two to four weeks is usually allowed between the time the RFQ is
published and time that SOQs must be submitted. More time may be required for complex
contracts or scope of work.
Items typically required in a statement of qualification include:
• Qualifications of key personnel (including consultant project manager) proposed for the
contract. Key team members identified in the original proposal/cost proposal shall not
change (be different than) in the executed contract;
• Staff resumes;
• Related projects that key personnel have worked on;
• Qualifications/experience of the firm;
• Organizational chart;
• Forecast or Schedule of work;
• Consultant DBE Commitment document, see Exhibit 10-01: Consultant Proposal DBE
Commitment;
• References.
Financial Management and Accounting System Requirements
The local agency must ensure that Consultant contract solicitation and advertising documents
(RFQs) clearly specify that contracts shall not be awarded to a consultant without an adequate
financial management and accounting system as required by 48 CFR Part 16.301-3, 2 CFR Part
200, and 48 CFR Part 31. The local agency must ensure the selected consultants have
adequate financial management systems as required by the applicable federal regulations.
Advertise for Consultants
The solicitation process for consultant services shall be by public advertisement or any other
public forum or method that assures qualified in -State and out -of -State consultant are given a
fair opportunity to be considered for award of contract. The RFQ must contain sufficient project
work information, so that interested consultants can submit an appropriate SOQ.
Advertisements for RFQ may take one of two approaches. The most common is an
advertisement or publication of the RFQ in a major newspaper of general circulation, technical
publication of widespread circulation, professional associations and societies, recognized DBE
organizations, web hosting or clearing houses known for posting contract solicitations such as
Bid Sync, PlanetBids, or posting the RFQ on other widely used websites. To document website
postings, the local agency should retain copies of screen shots displaying the posted begin/end
dates.
In the second approach, the local agency advertises the availability of the RFQ in a major
newspaper of general circulation, technical publications of widespread circulation, professional
associations and societies, recognized DBE organizations, or through a web hosting or clearing
houses known for posting contract solicitations such as BidSync or PlanetBids, and requests
that interested consultants send a letter of interest to the local agency for the RFQ. The RFQs
shall then be sent to those firms who indicated interest in the RFQ. In some cases, it may be
desirable to advertise nationwide for a particular project or service. This approach provides a
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registry for firms who received the RFQ and therefore facilitates the broadcast of any revisions
or addenda to the RFQ, if necessary.
Issue/Publish RFQ
The local agency shall publish the RFQ online and also issue the RFQ to all consultants
responding to newspaper advertisement. The local agency shall keep a record of all consultants
that have downloaded the RFQ on line as well as those receiving an RFQ through other means,
to ensure that any inquiry responses, addendums, or amendments to the RFQ are given to all
consultants that received the RFQ.
Receive/Evaluate Statements of Qualifications and Develop Shortlist
The first step in the evaluation process is to determine that each SOQ contains all forms and
other information required by the RFQ. Otherwise, the submittals may be considered
nonresponsive and rejected without evaluation. Late submittals, submittals to the wrong
location, and submittals with inadequate copies are considered nonresponsive and shall be
rejected. Submittal of additional information after the due date shall not be allowed.
Documentation of when each proposal was received must be maintained in the project files.
Copies of date stamped envelope covers or box tops are recommended.
Minimum of three proposals must be received and evaluated. If only two proposals are received,
a justification must be documented to proceed with the procurement. if only one proposal is
received, a Non -Competitive process must be justified and a Public Interest Finding (PIF) must
be documented and signed by the DLAE. In either case, the re -advertisement of the RFP should
be considered as an option.
The consultant selection committee reviews the submitted SOQ according to the published
evaluation criteria and weighting factors. The committee makes an independent random check
of one or more of the consultant's references. This check applies to major subconsultants also.
The committee establishes a shortlist of consultants who are considered to be best qualified to
perform the contract work. The shortlist includes enough qualified consultants to ensure that at
least three consultants are interviewed.
Notify Consultants of Shortlist
All consultants that submitted an SOQ must be notified of the results of the review. The
notification also identifies those consultants (short list) that will be requested to attend interviews
if interviews were an option in the solicitation. Most consultants will request information as to
why they were not placed on the shortlist. Therefore, the selection committee should keep notes
why a particular consultant was not selected for the shortlist. When a consultant requests a
debriefing, the reasons given for not being selected must be objective reasons. Consultants
should not be compared with each other during the debriefing. Normally, the Contract
Administrator does the debriefing; however, any member of the selection committee may be
designated to do the debriefing.
Interview Top -Ranked Consultants
Each consultant to be interviewed is given a copy of the draft of the proposed contract, defining
the detailed scope of work, and/or description of required services, and other information. This
should be sent with the initial notification of the interview.
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Between the time of the notification of the shortlist and interviews, the local agency may answer
any questions concerning the scope of work to be contracted out, if not done earlier during the
solicitation. In addition, the local agency may conduct additional reference checks for each
consultant to be interviewed. Consultants should submit their questions about the RFQ and
receive their answers from the local agency in writing. It is required that all consultants on the
shortlist receive the questions and answers and are given the same information.
The committee should evaluate reference checks and other information that is gathered
independently. Reference checks shall be completed and other information gathered before the
interviews are conducted. If necessary, the results of the reference checks and other
information may be discussed with the consultant at the interview.
Interviews are to be structured and conducted in a formal manner. Each consultant shall be
allowed the opportunity to make a presentation if desired; however, a time limit should be
specified. Interview questions are prepared in advance.
Two types of questions may be asked:
• Questions that are to be asked of all competing consultants, and
• Questions relating to each specific consultant, based upon the reference
checks, and the strengths and weaknesses identified during evaluation of the
sOQ
The agency can request competing consultants to bring additional information or examples of
their work to the interviews; if the additional information facilitates the interview or evaluation
process. Additional information requested should be kept at a minimum, that is, only information
required to select the most qualified consultant for the contract. The selection committee or local
agency shall not gather additional information concerning the consultants after the interviews
are completed.
Develop Final Ranking and Notify Consultants of Results
All consultants interviewed must be informed about the final ranking of consultants. It is
important that all competing consultants receive the same information.
Most consultants will request information as to why they were not selected as the most qualified.
Therefore, the selection committee should keep notes as to why a particular consultant was not
selected. When a consultant requests debriefing, the reasons for not being selected must be
objective. Consultants should not be compared with each other or provided with information
about other consultants during the debriefing.
Normally, the Contract Administrator does the debriefing; however, any member of the selection
committee may be designated to do the debriefing. The next two sections provide guidance
when the RFQ is solicited for specialized services and additional information is required prior to
cost negotiations with consultant. For on -call contracts, skip the next two sections and begin
Negotiation phase.
Conduct Scoping Meeting
The Contract Administrator meets with the first -ranked consultant's project manager to review
the project, and to ensure that the consultant has a complete understanding of the work that is
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required. The consultant is shown as much material as is available regarding the project. Any
technical questions regarding the project are answered for the consultant.
Request Cost Proposal
The first -ranked consultant is asked to provide a cost proposal to perform the work described in
the draft contract and discussed at the scoping meeting. The work is to be performed according
to the conditions described in the draft contract using the payment method described therein.
Alternatively, if time is of the essence and it can be justified, sealed cost proposals may be
requested from all of the consultants on the shortlist.
If the contract involves more than one project, the consultant must provide a separate cost
proposal for each project in addition to a summary cost proposal for the total contract. If the
contract involves milestones, the consultant must furnish a separate cost proposal for each
milestone with a summary cost proposal for the total costs. If the contract involves
subconsultants, the prime consultant must include a separate cost proposal for each
subconsuftant. Each subconsultant's cost proposal must follow the same format as the prime
consultant's cost proposal.
Negotiate Contract with Top -Ranked Consultant
Cost proposal (for both Prime and all Subconsu[tant), and contract audit and review documents
such as Exhibit 10-K: Consultant Certification of Contract Costs and Financial Management
System and Exhibit 10-A: A&E Consultant Financial Document Review Request and Checklist,
whichever applicable (see Section 10.1.3: A&E Consultant Audit and Review Process) will be
submitted in a separate sealed envelope. Typically, the cost proposals are submitted by the
short-listed consultants only, at time of interview. However, if time is of the essence and it can
be justified, or if no interviews are planned, the cost proposal can be requested from all
consultant with their statements of qualification.
After the top -ranked consultant submits a sealed cost proposal, the local agency reviews the
cost proposal and compares it with the local agency's confidential detailed independent cost
estimate and enters into negotiations. The goal of negotiation is to agree on a final contract that
delivers to the local agency the services or products required at a fair and reasonable cost. The
independent cost estimate, developed by the local agency in advance of requesting a cost
proposal from the top -ranked consultant, is an important basis and tool for negotiations.
Negotiations should commence with the most qualified consultant. If agreement on a fair and
reasonable price cannot be reached, negotiations should then be formally terminated.
Negotiations then proceed to the next most qualified consultant, and so on. Each consultant's
cost proposal must remain sealed until negotiations commence with that particular consultant.
At the completion of successful cost negotiations, all remaining sealed envelopes containing
cost proposals shall be returned to consultants.
Cost proposals in electronic form shall be submitted separately from the RFQ and contained in
a secure database that is inaccessible to the members involved in the A&E consultant contract
procurement process. Only the cost proposal of the most qualified consultant will be requested
to be sent to the members. Cost proposals of unsuccessful consultants are confidential and
shall not be opened by the local agency or any private entity that the local agency uses to store
the cost proposals. Any concealed cost proposals of the unsuccessful consultants must be
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returned unopened or properly disposed of by permanently deleting the cost proposals in
accordance with local agency's written policies and procedures.
A contract audit and review may be required (see Section 10.1.3: A&E Consultant Audit and
Review Process earlier in this chapter). Local agency Contract Administrator is responsible for
the submittal of all required documentations to Caltrans IOA1 in a timely fashion, including all
documents for a Financial Review, if applicable. Caltrans IOAI will not proceed with a Financial
Review until all required documentation is completed correctly and submitted. Negotiations may
be completed after receipt of the Caltrans IOAI Financial Review Letter. An indirect cost audit
may be performed within the record retention period of the contract.
The items typically negotiated include:
• Work plan;
• Staffing plan;
• Schedule (including contract begin and end dates);
• Products to be delivered;
• Classification, wage rates, and experience level of personnel to be assigned;
• Cost items, payments and fee. Fee is required to be negotiated as a separate
element.
The consultant's ICR is not a negotiable item. A lower rate cannot be negotiated by the local
agency. For on -call contracts, typically a price agreement is reached based on specific rate of
compensation for the term of the contract. The subsequent task orders (or mini agreements for
individual project work) is negotiated based on cost plus fee, or lump sum, which is derived from
the wage rates agreed upon earlier for the on -call contract.
Before executing the consultant contract, the local agency must review contract to ensure that
all federal and state requirements have been met (see A&E Consultant Procurement Checklist
at https://dot.ca.gov/pronramsllocal-assistance/environmental-and-other-policy-
issues/consultant-selection-procurement), and receive Caltrans IOAI's Financial Review
acceptance letter, if applicable.
Prior to contract award, or after contract award but no later than the first invoice, the local
agency must submit a completed Exhibit 10-C for all new or amended federal funded A&E
consultant contracts using the database at
http://dlaaeoversight.dot.ca.clov/fmi/webd/Exhibit%2010-C (please use Firefox or Chrome if not
supported by your browser).
If there are any changes to the contract after submittal of Exhibit 10-C, the local agency must
submit an updated Exhibit 10-C and all contract amendments to
http://dlaaeoversight.dot.ca.gov/fmi/webd/Exhibit%2010-C. Submission of Exhibit 10-C to
Caltrans HQ is not required for non-A&E consultant contracts.
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10.1.7 CONSULTANT SELECTION USING THE TWO-STEP RFQ/RFP METHOD
Combined RFQ and RFP
Selecting consultants using the Two -Step RFQ/RFP method requires combining certain steps
from each of the other two methods previously described. The consultants are rated based upon
both their qualifications and their technical proposals. This procurement procedure involves a
two-step process with issuance of a request for qualifications (RFQ) whereby responding
consultants are evaluated and ranked based on qualifications and an RFP is then provided to
three or more of the most highly qualified consultants. The two-step method leads to an
executed project specific contract.
A different process may also be used that includes assessing minimum qualifications of
consultants to perform services under general work categories or areas of expertise through a
prequalification process whereby annual statements of qualifications and performance data are
encouraged. These consultants are not ranked, and an RFP must be submitted to the entire list
for evaluation and consideration. Regardless of any process utilized for prequalification of
consultants or for an initial assessment of a consultant's qualifications under a RFQ, a RFP
specific to the project, task, or service is required for evaluation of a consultant's specific
technical approach and qualifications.
The initial steps in this method (up to the development and notification of the shortlist) are
similar to the steps followed when using the One -Step RFQ method. At this point, the
consultants from the shortlist are issued an additional RFP. The remaining steps are the same
as the later steps followed in the One -Step RFP method. The combination of these steps is
indicated in Figure 10-4: Consultant Selection Flowchart. Because it is a combination of the
One -Step RFQ and One -Step RFP methods, this method of consultant selection requires more
work and time than the other two methods. Consequently, the combined RFQ/RFP method is
recommended for use only when the scope of work is not clearly known, very complex or
unusual.
The Two -Step RFQ/RFP is also well suited for procuring multiple on -call contracts through a
single solicitation. The outcome of the first step RFQ will be multiple contracts, or on -call list of
consultants. For multiple on -call contracts, project work will be procured thru subsequent
competition or mini-RFPs amongst the on -call consultants. The mini-RFP or the task order will
be negotiated with first ranked firm from each competition. Task order (mini-RFP) cost will be
based on wage rates established in the master on -call contract, and the time and deliverable
requirements in the task order.
Local agencies may also use this method to:
1. Develop and maintain a pre -qualified file/list of consultant firms by specific work
categories or areas of expertise. This list includes all consultants that meet the minimum
published pass/fail requirements. The pre -qualified list can be updated annually or at
least every two years and must be maintained by the agency. This list has not gone
through the evaluation process.
2. Create a short list of evaluated and ranked consultants that leads to executed contracts
The mini-RFP contains evaluation criteria that matches the strengths of the qualified firms to the
specifics of the known tasks, thereby selecting the most qualified firm for each task. The
evaluation can include: availability of personnel, staff capabilities, DBE (10% or less of overall
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score), completion time, experience of consultant, specialized expertise, and past performance.
The overall DBE goal was established at the master on -call contract.
Because it is a combination of the One -Step RFQ and One -Step RFP methods, this method of
consultant selection requires more work and time than the other two methods. Consequently,
the combined RFQ/RFP method is recommended for use when the scope of work is very
complex or unusual.
Categorize work
Descriptions of the categories of work, deliverables and the minimum qualification standards for
each category must be clearly identified.
The local agency may prequalify consulting firms in the following (or more) categories:
• Roadway Design
• Bridge Design
• Bridge Inspection
• Traffic Engineering
• Environmental Services
• Roadway Construction Inspection and Administration
• Landscape Architecture
• Land Surveying
• Intelligent Transportation System (ITS)
• Federal —aid Highway Project Development Support Services
Establish Minimum Qualifications
In an effort to ensure quality performance and results, a consultant should be required to meet
certain minimum qualifications to be eligible for consideration in the pre -qualification process.
General criteria guidelines should be established for consultant selection for a pre -qualified list.
The criteria may be established by an individual or a panel of subject matter experts for the
specific task of developing the criteria. Some agencies also establish appropriate weights for
each criterion. It may be necessary to modify the criteria to fit specific cases. When a RFQ is
published, it should state the criteria that will be used in the selection process.
Criteria for evaluating statements of qualifications, may include but are not limited to:
• Special expertise and experience of the firm's key employees
• Proposed staffing (include number of licensed and specialized staff) for the project and
previous experience of those identified
• Experience of the firm and their personnel on previous projects similar to the one under
consideration
• Consultant DBE Commitment document (see Exhibit 10-01)
• Professional references by the firm with the local agency
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• Understanding of the project by the firm as demonstrated by their approach to organizing
and management of the work
• Current workload of the firm and their ability to meet the proposed project schedule
• Quality of previous performance by the firm with the local agency
• Use of sub -consultants to accomplish work on the project
• Equipment the firm has available and proposes to use as compatibility with Computer -
Aided Drafting and Design (CADD) and other equipment proposed to be used in
accomplishing the work
• Familiarity with federal, state, and local codes, requirements, standards, and procedure
• Examples of minimum qualifications for work categories above are provided here based
on Caltrans best practices
Issue RFQ
The need for services of a consulting firm may be advertised in appropriate national, state, and
local publications and web sites. Notices can also be sent to firms known to be qualified to do
specific work, to professional societies, and to recognized Disadvantaged Business Enterprises
(DBE) organizations. The advertisements and notices seek statements of interest and
qualifications from consultants who are interested in the project. The DBE goal is established at
the master on -call contract and included in the solicitation document.
The SOQ should list consulting firm details, names of principals, office locations, personnel by
discipline, project experience and examples, current workload, types of service the firms are
qualified to perform, and previous performance. Also, resumes of key persons, specialists, and
other associates that may be assigned to the project or projects should be included. This
information should be the basis for evaluating and placing a consulting firm on a general pre -
qualification list.
Federal regulations require that any procedures related to pre -qualifying consultant cannot
restrict competition.
Pre -qualification of consultants may be allowed as a condition for submitting a technical
proposal for a contract only if the period between the date of the issuance of the RFP and the
deadline for submitting a technical proposal affords sufficient time to enable a consultant to
obtain pre -qualification status.
Another practice is to qualify consultants on a project -by -project basis. This is accomplished for
some agencies by advertising or publishing notices in national, state, and local publications for
needed services for specific, individual projects. These notices include a precise project
location, a defined preliminary scope of services to be performed, a specific schedule within
which the work is to be completed, and a list of products and deliverables to be provided by the
consultant. Specific project advertisements usually are published when the proposed project is
large and complex, in-house resources are not available, special expertise is required, or the
objectivity of an outside authority is desired.
Appropriate Federal -aid requirements should be complied with on Federal -aid projects.
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Set -Up Evaluation Process
The first step in the evaluation process is to determine that each SOQ contains all forms,
qualifications and other information required by the RFQ. Otherwise, the submittals may be
considered nonresponsive and rejected without evaluation. Documentation of when each SOQ
was received must be maintained in the project files. Copies of date stamped envelope covers
or box tops are recommended.
If all required information is not provided, a SOQ may be considered nonresponsive and
rejected without evaluation. Late submittals, submittals to the wrong location, or submittals with
inadequate copies are considered nonresponsive and shall be rejected. Submittal of additional
information after the due date shall not be allowed.
Local agency must establish a process by which SOQs are evaluated and consultants who are
deemed meeting the minimum qualifications are accepted and placed on a per -qualified list.
Whether the Local agency has a "committee" of experts evaluating the SOQs or individuals
responsible for the evaluation, the process must be well defined, open and transparent. The
pre -qualification process must also allow for consultants to be re-evaluated in cases of denials.
The local agency must specify how long the pre -qualified list last, not to exceed two years.
Federal regulation recommends refreshing the SOQs on an annual basis.
Local agency Contract Administrator ensures that all committee members meet the conflict of
interest requirements (23 CFR 172) by completing and signing a conflict of interest statement
prior to selection process initiation. A sample conflict of interest form is provided in Exhibit 10-T.
Evaluate Qualifications and Add Firm to List
All SOQs received should first be reviewed for completeness. Each response must contain all
required forms and any other information requested in the advertisement. The response may be
considered incomplete and rejected without further evaluation if all required information is not
provided or if the submittal is late.
The qualifications of all responding firms are then reviewed according to established evaluation
criteria or factors. The agency then establishes a short list of at feast three consultants that are
determined to be the most highly qualified to perform the required work. Firms not selected
should be notified in writing.
Maintain List
Pre -qualification of a consultant expires in two years. Pre -qualified consultants must renew their
pre -qualification status every two years. Firms can apply to be on the list at any time. After a
period of two years, firms should re -apply (repeat the process of submitting SOQs) to be on the
list. In addition to the required two-year renewal process, the consultant should also be required
to update the firm's organizational structure within one year when there is a corporate/affiliate
change, ownership control, type of work expertise, capacity, or any other major change.
If the consultant does not meet the minimum requirements and their SOQ is rejected, the
committee must respond to the consultant explaining the reason for their rejection. The
consultant is allowed to reapply to be on the list again provided the reasons for rejection are
corrected.
The list of qualified firms can be maintained online through the agency's website. Firms can also
apply to be on the list through the agency website for ease of operation.
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Issue RFP to Pre -Qualified Consultants on List
An RFP is sent to the short-listed firms. The RFP should indicate the content of the technical
proposal, technical review procedures, anticipated schedule of activities, scope of work, project
description, where the technical proposals are to be delivered, the number of copies required,
and the due date.
Some agencies receive the technical proposal orally as part of an interview conducted for this
purpose. In these cases, written documentation may not be required.
Items typically required in a technical proposal include:
• Work plan
• Organization plan
• Schedule for meeting time frame
• Available computer equipment and programs
• Staffing plan and resumes including sub -consultants
• Pre -award audit/financial package information (if deemed appropriate)
• Examples of similar work previously completed
• Sub -consultants, DBE, their proposed participation, and other related information
Conduct Proposer's Conference or Answer Written Questions
The local agency may allow for clarification of the RFP by inviting submittal of written questions
or by conducting a proposer's conference, or by doing both. The local agency must publish or
mail their responses to any written questions to all consultants receiving the RFP. No response
should be given to verbal questions. It is important that all competing consultants receive the
same information. If a proposer's conference is to be held, the exact time and place must be
specified in the RFP. Attendance at a proposer's conference normally is not mandatory.
However, consultants not attending the conference do not receive notes from the meeting
unless they request the notes.
Receive and Evaluate Technical Proposals
The Contract Administrator must verify that each technical proposal contains all forms and other
information required by the RFP. If all required information is not provided, a technical proposal
may be considered nonresponsive and rejected without evaluation. Late submittals, submittals
to the wrong location, or submittals with inadequate copies are considered nonresponsive and
shall be rejected. Submittal of additional information after the due date shall not be allowed.
Documentation of when each technical proposal was received must be maintained in the project
files. Copies of date stamped envelope covers or box tops are recommended.
A consultant selection committee with a minimum of three members is appointed at the
beginning of the consultant selection process. The members of the consultant selection
committee must evaluate each technical proposal according to the technical criteria listed in the
RFP. A minimum of three technical proposals must be received and evaluated.
if only two technical proposals are received, a justification must be documented to proceed with
the procurement. if only one technical proposal is received, a Non -Competitive process must be
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justified and a Public Interest Finding (LAPM Exhibit 12-F) must be documented. In either case,
the re -advertisement of the RFP should be considered as an option.
The committee must also evaluate reference checks and other information gathered
independently. Reference checks shall be completed and other information gathered before the
interviews are conducted. If necessary, the results of the reference checks or other information
may be discussed with the highest ranked qualified consultants at the interviews.
Develop Final Ranking and Notify Consultants of Results
The selection committee discusses and documents the strengths and weaknesses of each
technical proposal, interviews the three or more highest ranked consultants (shortlisted), and
develops a final ranking of the highest ranked consultants. All consultants that submitted
technical proposals must be informed about the final ranking of consultants. It is important that
all competing consultants receive the same information.
Most consultants will request information as to why they were not the highest ranked. Therefore,
the selection committee should keep notes as to why a particular consultant was not selected.
When a consultant requests debriefing, the reasons for not being selected must be objective
reasons. The consultant should not be compared to others and should not be provided with
information about other consultants during this debriefing. Normally, the Contract Administrator
does the debriefing; however, any member of the selection committee may be designated to do
the debriefing.
Request Cost Proposal and Negotiate Contract with Top -Ranked Consultant
The first -ranked consultant is asked to provide a cost proposal to perform the work described in
the draft contract and discussed at the sopping meeting. The work is to be performed according
to the conditions described in the draft contract using the payment method described therein.
Alternatively, if time is of the essence and it can be justified, sealed cost proposals may be
requested from all of the consultants on the shortlist.
If the contract involves more than one project, the consultant must provide a separate cost
proposal for each project in addition to a summary cost proposal for the total contract. If the
contract involves milestones, the consultant must furnish a separate cost proposal for each
milestone with a summary cost proposal for the total costs. If the contract involves
subconsultants, the prime consultant must include a separate cost proposal for each
subconsultant. Each subconsultant's cost proposal must follow the same format as the prime
consultant's cost proposal.
Cost proposal (for both prime and all subconsultants) and contract audit and review documents,
such as Exhibit 10-K and Exhibit 10-A, whichever applicable (see Section 10.1.3: A&E
Consultant Audit and Review Process), will be submitted in a separate sealed envelope.
After the top -ranked consultant submits a sealed cost proposal, the local agency reviews the
cost proposal and enters into negotiations. The goal of negotiation is to agree on a final contract
that delivers to the local agency the services or products required at a fair and reasonable cost.
The independent cost estimate, developed by the local agency in advance of requesting a cost
proposal from the top -ranked consultant, is an important basis and tool for negotiations.
Negotiations should commence with the most qualified consultant. If agreement on a fair and
reasonable price cannot be reached, negotiations should then be formally terminated.
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Negotiations then proceed to the next most qualified consultant, and so on. Each consultant's
cost proposal must remain sealed until negotiations commence with that particular consultant.
At the completion of successful cost negotiations, all remaining sealed envelopes containing
cost proposals shall be returned to consultants.
A contract audit and review may be required (see Section 10.1,3: A&E Consultant Audit and
Review Process). The local agency Contract Administrator is responsible for the submittal of all
required documentations to Caltrans 1OAI in a timely fashion, including all documents for a
Conformance Review, if applicable. Negotiations may be completed after receipt of the Caltrans
IOAI Conformance Letter. An indirect cost audit may be performed within the record retention
period of the contract.
Items typically negotiated include:
• Work plan
• Schedule and deadlines (for deliverables and final duration of contract)
• Products to be delivered
• Classification, wage rates, and experience level of personnel to be assigned
• Other Direct Cost items, and profit or fee
The consultant's ICR is not a negotiable item. A lower rate cannot be negotiated by the local
agency.
The local agency and the consultant will agree on the final cost proposal and incorporate into
final contract.
Before executing the consultant contract, the local agency must review contract to ensure that
ail federal and state requirements have been met (see A&E Consultant Procurement Checklist
at https://dot. ca.gov/programs/local-assistance/environmental-and-other-policy-
issues/consultant-selection-procurement).
10.1.8 COMPLETING THE PROJECT
Develop the Final Contract
The Contract Administrator requests a revised cost proposal from the consultant after:
(1) negotiations have been completed, (2) the local agency and consultant have agreed to a fair
and reasonable price, and (3) a letter, if applicable, is released by Caltrans 1OAI that accepts,
denies or makes an adjustment to the proposed ICR. The Contract Administrator should review
the revised cost proposal to ensure that all the items and changes discussed during negotiation
were included. This revised cost proposal then becomes the final cost proposal, is attached to
and made a part of the consultant contract. Sample contract language and format have been
included as Exhibit 10-R: A&E Boilerplate Agreement Language.
The Contract Administrator has responsibility to ensure that the final negotiated contract is
complete and has verified that all required backup documents have been provided. Copies of
the contract are sent to the consultant for signature first.
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Review and Approval of Contracts
Proposed contracts for consultant services (including subcontracted work) must be reviewed by
the local agency to verify that:
• Compensation is fair and reasonable and includes prevailing wage rates, if applicable;
• Work activities and schedules are consistent with the nature and scope of the project;
• DBE goal Exhibit 10-02: Consultant Contract DBE Commitment is included for all
contracts regardless of goal.;
• Exhibit 10-K: Consultant Certification of Contract Costs and Financial Management
System (for Prime and Subs), and Exhibit 10-A: A&E Consultant Financial Document
Review Request and Checklist and all supporting documents, if applicable (contracts
above $150,000), have been submitted to Caltrans 10AI;
• If applicable, adjustment or denial of the ICR identified in the Financial Review Letter
have been included in the final cost proposal;
• Exhibit 10-C: A&E Consultant Contract Database must be used to ensure that required
documentation has been provided;
• A cost proposal (see Exhibit 10-H: Sample Cost Proposal), must include the costs of
materials, direct salaries, payroll additions, other direct costs, indirect costs, fees, and
backup calculations.
Before approving a contract for consulting services, the Contract Administrator must be satisfied
that the consultant's organization:
• Is qualified to perform the services required;
• Is in a position, considering other work commitments, to provide competent and
experienced personnel to perform the services in the time allowed;
• Is fully aware of all applicable federal and state laws including implementing regulations,
design standards, specifications, previous commitments that must be incorporated into
the design of the project, and administrative controls including those of Caltrans and
FHWA.
• Has an adequate financial management system as required by the applicable federal
regulations.
• Is not disbarred or suspended from state or federally funded contracts. Per 23 CFR
172.7(b)(3) "A contracting agency shall verify suspension and debarment actions and
eligibility status of consultants and subconsultants prior to entering into an agreement or
contract in accordance with 2 CFR part 1200 and 2 CFR part 180.
The contract must provide for a defined level of acceptability and a statement to the effect that
the consultant may be required to modify its work as necessary; to meet that level of
acceptability as defined in the contract. The contract shall provide for local agency reviews at
appropriate stages during performance of the work, to determine if any changes or other actions
are warranted.
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The contract shall provide that the consultant and subconsultants shall maintain all books,
documents, papers, accounting records, and other information pertaining to costs incurred.
Such materials must be available for inspection and audit by federal, State, and local agency
authorized representatives; and copies thereof shall be furnished, if requested.
Following final settlement of the contract accounts with the State or FHWA, such records and
documents may be archived at the option of the local agency and shall be retained for a three-
year period after processing of the final voucher by FHWA.
Execute Contract and Issue Notice to Proceed to Consultant
The Contract Administrator sends the consultant a fully executed copy of the contract with an
original signature and issues a notice to proceed. Funds may not be used to reimburse the
agency for any work or costs incurred before the Authorization to Proceed is issued, or for
consultant costs incurred prior to the execution of the consultant contract. All executed contracts
shall have a begin and end date. Local agency consultant selection and contract execution
costs may be reimbursable.
For on -call contracts, a fully executed copy of the contract with original signatures will be send
to the consultant. Each subsequent task order (for individual project) will be accompanied with a
copy of the signed task order and a Notice to Proceed, once it is negotiated and approved. Task
order expiration dates may not exceed the Master On -call agreement end date.
Administer the Contract
Project work begins as specified in the contract after the notice to proceed is issued to the
consultant. Thereafter, the local agency manages and administers the contract to ensure that a
complete and acceptable product is received on time, within standards, and within budget and
terms of the contract.
Contract administration activities help to ensure that contractual obligations are completed
satisfactorily. Generally, these activities include:
• Monitoring project progress and compliance with contract requirements;
• Receiving, reviewing and assessing reports, plans, and other required products/
deliverables;
• Receiving and reviewing state prevailing wages. (See Department of Industrial
Relations websites below.
o DIR FAQ website; http://www.dir.ca.gov/OPRL/FAQ PrevailingWage.htm]
o DIR Wage Determination website:
http://www.dir.ca.gov/oprl/DPreWageDeterminaticn.htm
• Reviewing invoices to ensure costs claimed are in accordance to the method of payment
and contract cost proposal, approving payments;
• If new consultant personnel are added or substituted, labor rates must be verified prior to
approving invoices.
• Record keeping and reporting;
• Controlling costs;
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• Identifying changes to the scope of work and preparation of amendments (must ensure
that any changes to the scope is within the constraints of the original RFP/RFQ;
• Completing the consultant performance evaluations (see Exhibit 10-S: Consultant
Performance Evaluation).
Substitution of Consultant Personnel and Subconsultants
After contract execution the consultant should not substitute key personnel (project manager
and others listed by name in the cost proposal) or subconsultants without prior written approval
from the local agency. Refer to LAPM Chapter 9: Civil Rights & Disadvantaged Business
Enterprise and Title 49 CFR 26 for DBE substitution requirements. To do so can result in the
costs being ineligible for federal or state reimbursement. The consultant must request and justify
the need for the substitution and obtain approval from the local agency prior to use of a different
subconsultant on the contract.
The proposed substituted person must be as qualified as the original, and at the same or lower
cost. For engineering types of consultant contracts, the consultant's project manager must be a
registered engineer in the State of California.
Invoicing (or Progress Payments)
The frequency and format of the invoices/progress payments are to be determined by the
contract. Program Supplement Agreements (see LAPM Chapter 3: Project Authorization) need
to have been prepared prior to any payments being requested. Payments to the consultant are
to be in arrears. In other words, the consultant must have actually incurred and paid the costs
before invoicing the local agency.
For federal reimbursement of consultant costs on a project, the local agency must submit the
following to the DLAE, for each consultant or consulting firm used on the project (failure to do so
will result in the consultant's invoices for reimbursement being returned to the agency
unprocessed):
• Copy of Executed Consultant contract;
• Exhibit 10-01: Consultant Proposal DBE Commitment
• Exhibit 10-02: Consultant Contract DBE Information
DLAE must confirm that the local agency has submitted copies of Exhibit 10-K: Consultant
Certification of Contract Costs and Financial Management System (for Prime and
Subconsultants) to Caltrans IOAI and agency has submitted Exhibit 10-C: Consultant Contract
Database to Caltrans.
The local agency is to follow the procedures given in LAPM Chapter 5: Invoicing, to obtain
reimbursement of federal or state funds.
Contract Amendments
Contract amendments are required to modify the terms of the original contract for changes such
as extra time, added work, or increased costs. Only work within the original advertised scope of
services shall be added by amendment to the contract. The addition of work outside the original
advertised scope will make that work ineligible for federal or state reimbursement (see Q&As at:
http://www.fhwa.dot.gov/programadmin/172ga 01 .cfm).
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There is no prescribed format for contract amendments. They may take the form of letter -type
agreements meeting the legal requirements of the local agency, clearly outlining the changes
and containing a mutually agreed upon method of compensation. Such agreements must
conform to the requirements of this manual with regard to payment.
A consultant contract may be amended at any time prior to the expiration date of the original
contract. The most common amendment is to extend the ending date of the contract. All
contract amendments must be fully executed before the ending date of the contract by formal
amendment. Failure to amend a contract prior to the ending date will make the subsequent
costs ineligible for federal and state reimbursement. Task orders are not considered an
amendment and therefore not appropriate to extend the terms of the contract.
All contract amendments shall be negotiated following the same procedures as the negotiation
of the original contract and must be in writing and fully executed by the consultant and local
agency before reimbursable work begins on the amendment. For any additional engineering
and design related services outside of the scope of work established in the original solicitation, a
contracting agency shall either procure the series under a new solicitation, perform the work
itself using agency staff, or use a different, existing contract under which the services would be
within the scope of work. Overruns in the costs of the work shall not automatically warrant an
increase in the fixed fee portion of a cost plus fixed fee reimbursed contract. Permitted changes
to the scope of work or duration may warrant consideration for adjustment of the fixed fee
portion of cost plus fixed fee or lump sum reimbursed contracts. If an emergency exists of such
magnitude that a delay cannot be tolerated, the local agency and the consultant may agree on
an amendment initiating the work, so that reimbursable work may begin. The initiating
amendment is then followed by a final amendment once the full scope of the emergency work is
known and agreed to by both parties. In both cases, sufficient funding should be included in the
amendments to pay for all work to be performed by the consultant. The final amendment must
be executed as quickly as possible. Failure to fully comply with this section may result in the
loss of local agency funding. Section 10.1.3: A&E Consultant Audit and Review Process of this
chapter shall apply to the entire contract and must be completed prior to execution of the
contract amendment. All amendments shall incorporate any current requirements of the federal
regulations including the federal fiscal provisions and submit Exhibit 10-C: Consultant Contract
Reviewers Checklist Database to http://dlaaeoversight.dot.ca.gov/fmi/webd/Exhibit%2010-C
(please use Firefox or Chrome if not supported by your browser).
Performance Evaluation
Pursuant to 23 CFR §172.9(d)(2) agencies are required to prepare an evaluation of the
consultant when the project has been completed. The Contract Administrator evaluates the
consultant's performance after the consultant's final report has been submitted, and the
Contract Administrator has conducted a detailed evaluation with the consultant's project
manager. See Exhibit 10-S: Consultant Performance Evaluation for a suggested format for use
by the local agency.
Project Records
Federal -Aid Highway Program funding recipients and sub -recipients must maintain adequate
and readily accessible project performance and financial records, supporting documents, and
other records considered pertinent to the grant agreement and in compliance with Federal laws
and regulations (e.g., 23 USC 112; 40 USC 1101-1104, 23 CFR 172, 48 CFR 31, and 2 CFR
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Part 200). These records shall be maintained for a minimum of three (3) years following
issuance of the final voucher from FHWA (forwarded by Caltrans) and the closure of all other
pending matters (2 CFR Part 200.333).
For audit purposes, project records and documentation shall be kept for three (3) years after
payment of the final federal or state voucher. Among the records to be retained are as follows
(not an all-inclusive list):
• Copies of RFPs and RFQs, changes, addendums, etc. and bidder's list;
• Documentation of DBE participation (including Exhibit 10-01: Consultant Proposal DBE
Commitment, Exhibit 10-02: Consultant Contract DBE Commitment), Exhibit 10-G:
Individual A&E Task Order DBE Tracking Sheet, Exhibit 17-F: Final Report — Utilization
of DBE and First -Tier Subcontractors, and Exhibit 17-0: DBE Certification Status
Change.
• Solicitation and advertisement records;
• Identification of selection committee members;
• Record of receiving proposals, statement of qualifications;
• Evaluation and ranking records such as original score sheets from all panel members,
short list questions and other documentation (see Exhibit 10-B: Suggested Consultant
Evaluation Sheet);
• Independent cost estimate (prepared in advance of requesting a cost proposal from the
top -ranked consultant);
• Record of negotiations (to include a separate negotiation of profit in accordance with
federal guidelines);
• Financial Review Letter and Cognizant Agency Letter, when applicable;
• CPA -audited ICR Audit Report or Approved State DOT Cognizant Indirect Rate Letter, if
any;
• Consultant Certification of Costs and Financial Management (Exhibit 10-K: Consultant
Certification of Contract Costs and Financial Management System) for contracts over
$150,000 or more;
• A&E Consultant Audit Request Letter and Checklist (Exhibit 10-A: A&E Consultant Audit
Request Letter and Checklist) for contracts over $150,000 and all supporting
documentation.
• Executed consultant contracts, cost proposals and amendments (see Exhibit 10-R: A&E
Boilerplate Agreement Language and Exhibit 10-H: Sample Cost Proposal);
• Contract oversight and progress meeting documents;
• Progress and final payments, and supporting documentation;
• Performance evaluation (see Exhibit 10-S: Consultant Performance Evaluation);
• Consultant contract checklists (see Exhibit 10-C: A&E Consultant Contract Database);
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• Accounting records documenting compliance with State and federal administrative
requirements;
• Certifications and Conflict of Interest forms (Exhibit 10-T: Conflict of Interest &
Confidentiality Statement, all personnel involved in the procurement of the agreement
should complete Exhibit 10-T Exhibit 10-U: Consultant in Management Support Role
Conflict of Interest and Confidentiality Statement and Exhibit 10-Q: Disclosure of
Lobbying Activities, as appropriate). Exhibit 10-Q is included in the solicitation and shall
be completed if the consultant needs to disclose any lobbying activities.
Retention Clauses
At the option of the local agency, a retention clause may be included in the consultant contract.
A retention clause in the consultant contract is recommended (see Exhibit 10-R: A&E Boilerplate
Agreement Language, Article XXXI).
Review of Local Agency Actions
Federal -aid or state reimbursement is contingent on meeting the federal or state requirements
and can be withdrawn, if these procedures are not followed and documented. The local agency
files are to be maintained in a manner to facilitate future FHWA or Caltrans process reviews and
audits. As specified in the Review and Approval of Contracts above, the Contract Administrator
must review the proposed consultant contract before execution.
Exhibit 10-C: A&E Consultant Contract Database is to be completed prior to award, or after
contract award but no later than the first invoice. A copy of Exhibit 10-C must be retained in the
local agency project files.
10.1.9 MISCELLANEOUS CONSIDERATIONS
Agreements with Other Governmental Agencies
Intergovernmental or inter -entity agreements are encouraged if appropriate. If another
governmental agency is requested to do work or provide services to an agency, an interagency
agreement is needed. See 2 CFR 200 and CA Government Codes 10340 and 11256.
Small Purchase Contracts
Contracts that are less than $250,000 are considered small contracts in accordance with federal
regulations. However, within the State of California, there is not a recognized small purchase
procedure and all A&E contracts are procured using qualifications based selection and not cost.
For federal contracts that are less than $250,000 and are not anticipated to exceed this amount,
the agency shall use Section 10.2: State -Only Funded A&E Contracts or the federal guidance
for contracts greater than $250,000. If the contract is anticipated to exceed $250,000, use one
of the accepted procurement procedures listed in the previous sections. Small contracts using
the simplified acquisition procedure (State -Only funded section) shall not exceed $250,000 or
the additional costs are considered not reimbursable. The entire contract could also be
considered ineligible by FHWA depending on circumstances. The scope of work, project
phases, and contract requirements shall not be broken down into smaller components to permit
the use of small purchase procedure. DBE requirements apply for all federally funded projects.
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Noncompetitive Negotiated Contracts (Sole -Source)
Procurement by noncompetitive proposals may be used only when the award of a contract is
infeasible under sealed bids or competitive proposals (23 CFR 172.7(a)(3)).
FHWA considers these types of contracts as Sole Source contracts and should be used only in
very limited circumstances. A Public Interest Finding prepared by the local agency and
approved by Caltrans is required before establishing these services (23 CFR 172.7(a)(3); also
see Exhibit 12-F: Cost-Effectiveness/Public Interest Finding.
Conditions under which noncompetitive negotiated contracts may be acceptable include:
• Only one organization is qualified to do the work;
• An emergency exists of such magnitude that cannot permit delay;
• Competition is determined to be inadequate after solicitation of a number of sources.
The local agency shall:
• Follow its defined process for noncompetitive negotiation;
• Develop an adequate scope of work, evaluation factors, and cost estimate before
solicitation;
• Conduct negotiations to ensure a fair and reasonable cost.
The local agency must carefully document details of the special conditions, obtain Caltrans
approval on a Public Interest Finding and retain all documents in the project files for future
Caltrans' or FHWA's review.
Retaining a Consultant as an Agency Engineer or in Management Support Role
A local agency may retain qualified consultants in a management support role on its staff in
professional capacities for federal -aid projects such as:
• A City Engineer (or equivalent) who manages the engineering unit for the city, providing
oversight of a project, series of projects, managing or directing work of other consultants
or contractors on behalf of the City.
• A County Engineer (or equivalent) who manages the engineering unit for the county
such as duties described above.
• A Project Manager (or equivalent) who manages and oversees a project, series of
projects or the work of other consultants and contractors on behalf of the public agency.
• A Program Manager (or equivalent) who manages and oversees an element of a
highway program, function, or service on behalf of the public agency.
However, typically a consultant in a management support role is not:
• A consultant engineer performing project -specific design, and/or construction contract
administration and construction engineering for the public agency.
• A consultant providing support to administrative duties such as federal authorization
process, labor compliance activities, and other management and administrative tasks.
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The use of a consultant in a management support role should be limited to unique or very
unusual situations. These situations require a thorough justification as to why the local agency
cannot perform the management. Consultants used in management support roles must be
selected using the same procedures as those for other consultants specified in this chapter.
Consultants in a Management Support Role funded by local or state funds must have approval
from FHWA to be considered qualified to manage federal projects or consultants providing
services on federal projects.
Eligibility for federal or state reimbursement for a consultant in a management support role
requires the following:
• Compliance with the selection procedures specified in this chapter;
• Existence of a contract between the local agency and the consultant specifying the local
agency engineering services to be performed;
• Written designation by the local agency of the responsibilities and authority of the
consultant as an agency engineer;
• For a federal -aid project, completion of Exhibit 10-T: Conflict of Interest & Confidentiality
Statement by all members (both consultants and employees) prior to participating in the
Architect & Engineering (A&E) Selection Panel pertaining to the specific selection
process and the firms being considered;
• Selection of consultants for A&E management positions shall be by the use of
qualification based selection procedures on an open and competitive basis resulting in a
contract with defined beginning and ending dates not to exceed five (5) years;
• For a federal -aid project, a local agency consultant in a management support role shall
not:
o Participate in, or exercise authority over the A&E selection process, if that
consultant's firm is one of the proposing firms, or subconsultant to a proposing
firm;
o Participate in, or exercise authority over management of work performed by the
consultant's firm, or to a consultant's firm of which the local agency consultant
firm is a subconsultant. This would include, but not be limited to, managing or
directing the work, approving changes in the schedule, scope, or deliverables;
and approving invoices.
o Apply for or receive reimbursement of federal -aid funds for the local agency's
federal -aid project if either of the foregoing has occurred. However,
reimbursement for the construction contract portion of the project will still be
allowed provided all other federal -aid requirements have been met.
o Where benefiting more than a single federal -aid project, allocability of consultant
contract costs for services related to a management support role shall be
distributed consistent with the cost principles applicable to the contracting agency
in 23 CFR 172.7(b)(5).
If engineering services for a project are within the scope of the services described in the
retained consultant's contract, these services may be performed by the person or firm
designated as an agency engineer, If the services are not within the scope, eligibility for federal
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reimbursement for these services require a new consultant contract to be developed using the
selection procedures in this chapter. Retained consultants involved in the preparation of the
RFP or RFQ shall not be considered in the selection of consultants for the resulting project
specific work.
When engineering or architectural consultants in a management support role are procured with
federal -aid funds, the local agency (subgrantee) shall fully comply with the following:
• Subparagraphs of 2 CFR 200.318 maintain a contract administration system and
maintain a written code of standards. No employee, officer or agent of the subgrantee
shall participate in selection, or in the award or administration of a contract supported by
federal funds if a conflict of interest, real or apparent, would be involved.
• Subparagraph of 23 CFR §172.7(b) requires that the local agency shall receive approval
from FHWA. In addition, any federal -aid projects designated as Projects of Division
Interest may also need approval from FHWA.
• Liability insurance should normally be required from the consultant (errors and
omissions, etc.).
For federally funded projects, local agencies that solicit to hire A&E consultant(s) in a
management support role must obtain FHWA approval prior to contract execution.
In order for a contract for a consultant in a management support role to be federally eligible, the
following are required prior to contract execution:
• The local agency shall submit a request for approval via email, the Scope of Work
(SOW) and Conflict of Interest (COI) Policy to the Division of Local Assistance -
Headquarters (DLA-HQ) at aeoversightdot.ca.gov, prior to solicitation.
• Once the local agency receives FHWA's written response, the local agency may need to
revise the documents reflecting FHWA's opinions and can proceed with the RFQ.
• After consultant selection, the local agency shall submit the completed Exhibit 10-U:
Consultant in Management Support Role Conflict of Interest and Confidentiality
Statement to the DLA-HQ at aeoversight(a,dot.ca.gov. Local agency will receive FHWA's
approved Exhibit 10-U via email.
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LPA
DLAE
COLA-Q
aeovei':; ight@ d ert .ca. gov
FHWA
q y"ice"fbr`t
'Cons sten'cy`
Figure 10-5: Consultant in a Management Support Role flowchart
Construction Engineering Services
Under federal -aid regulations and state policy, the primary responsibility for general supervision
of construction must remain with the local agency. The local agency must also ensure that the
work is performed in accordance with the approved plans and specifications, by employing or
retaining as a consultant a registered engineer for construction engineering services on the
project.
All construction engineering activities performed by a consultant must be under the overall
supervision of a full-time employee of the agency who is in responsible charge. These activities
may include preparation of contract change orders, construction surveys, foundation
investigations, measurement, and computation of quantities, testing of construction materials,
checking of shop drawings, preparation of estimates, reports, and other inspection activities
necessary to ensure that the construction is being performed in accordance with the plans and
specifications. The construction engineering consultant's contract defines the relative authorities
and responsibilities of the full-time employee of the local agency in charge of the project and the
consultant's construction engineering staff.
If a technical inspection consultant is to provide professional assistance to the local agency, a
formal consultant contract must be executed which follows this chapter's requirements. The
contract shall provide for reviews at appropriate stages during performance of the work to
determine if any changes or other actions are warranted. These reviews are to be made by the
local agency.
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10.1.10 PROGRAM MANAGEMENT
According to 23 CFR §172.5, local agencies are required to adopt written policies and
procedures prescribed by Caltrans. The local agency shall adopt Caltrans Local Assistance
Chapter 10: Consultant Selection. Local agencies are responsible for providing all resources
necessary for the procurement, management, and administration of A&E consultant contracts
including subcontracts. Ensuring consultant costs billed are allowable in accordance with the
Federal cost principles and consistent with the contract terms as well as the acceptability and
progress of the consultant's work;
• Monitoring the consultant's work and compliance with the terms, conditions, and
specifications of the contract;
• Preparing a consultant's performance evaluation when services are completed and using
such performance data in future evaluation and ranking of consultant to provide similar
services;
• Closing -out a contract;
• Retaining supporting programmatic and contract records, as specified in 2 CFR 200.333
and the requirements of this part;
• Determining the extent to which the consultant, which is responsible for the professional
quality, technical accuracy, and coordination of services, may be reasonably liable for
costs resulting from errors and omissions in the work furnished under its contract;
• Assessing administrative, contractual, or legal remedies in instances where consultants
violate or breach contract terms and conditions, and providing for such sanctions and
penalties as may be appropriate; and
• Resolving disputes in the procurement, management, and administration of engineering
and design related consultant services.
An example resolution is located at: https://dot.ca.qov/programs!local-assistancelenvironmental-
and-other-policy-issues/consultant-selection-procurement.
10.1.11 REFERENCES
23 CFR, Part 172 Administration of Engineering and Design Related Service Contracts
http://www. ecfr.qov/cgi-bin/text-idx?rgn=d iv5&node=23:1.0.1.2. 3
40 USC, Section 1104 Brooks Act
http://www.fhwa.dot.govlprogramadmin/121205.cfm
41 CFR Public Contracts and Property Management
http:l/www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title41/41tab 02.tpl
41 USC Public Contracts
http://law.onecle.com/uscode/41 /index.html
23 USC Letting of Contracts
httpa/www.fhwa.dot.gov/map211docs/title23usc.pdf
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48 CFR, Chapter 1, Part 15.404
https://www.acquisition,gov/far/html/FARTOC P 15. html
48 CFR, Chapter 1, Part 31
https://www.acquisition.qov/far/html/FARTOCP15.html
Title 48, Part 16 — Types of Contracts
http://www.elaws. us/subscriber/signin?returnurl=http://federa I.elaws. us/cfr/title/4110/2013/titie48/chapt
erl/partl 6&IsHistory=l &AspxAutoDetectCookieSupport=1
48 CFR 27, Subpart 27.3 — Patent Rights under Government Contracts
https://vvvvw.law.cornell.edu/cfritext/48/bart-27/subpatt-27.3
48 CFR 31.201-3
https://www.gpo.gav/fdsys/pkq/CFR-2011-title48-vol1 /pdf/CFR-2011-title48-voll-sec31-201-6, pdf
48 CFR, Chapter 99 — Cost Accounting Standards, Subpart 9900
https://www.gpo.gov/fdsys/granu le/CFR-2002-title48-vol7/CFR-2002-title48-vol7-chap99
2 CFR Part 200
http://www.ecfr.gov/cqi-bin/text-
idx?Sl D=eb0db4a32ce93fdc5815e6fe58791 d9d&mc=true&tp1=/ecfrbrowse/Title02/2cfr200 main 02.t
PI
49 CFR, Part 26 Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs
http://www.ecfr.gov/cqi-bin/text-idx?tpl=/ecfrbrowse/Title49/49cfr26 main 02.tpl
American Association of State Highway and Transportation Officials (AASHTO) Uniform Audit
and Accounting Guide
http://audit.transportation.orq/Paces/default. aspx
Caltrans Division of Procurement and Contracts Website
http://www.dot.ca.qov/dpac/index,html
California Labor Code, Section 1775
http://iaw.onecle.com/caiifornia/labor/1775.html
Government Auditing Standards (GAS) issued by the United States Government Accountability
Office
http://www.gao.gav/vellowbook/overview
Government Code Sections 4525 through 4529.5
http://www.leginfo.ca.gov/cq i-bin/displaycode?section=qov&group=04001-05000&file=4525-4529.5
OMB Circular A-110 Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations
https://www.whitehouse.gov/omb/circulars al 10
Standard Environmental Reference (SER)
http://www.dot.ca.gov/ser/
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Chapter 10
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A&E
State -Only
Division of Local Assistance Minimum Requirements
for State -only funded A&E Contracts
A. Written Procedures
B. Conflict of Interest
C. Records
D. Full & Open Competition
E. Selection Basis
F. Publication
G. Solicitation
H. Cost Analysis
I. Negotiations
J. Audit and Review Process
K. Exhibit 10-C: A&E Consultant Contracts Database
1
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10.2.1 GENERAL
Local Agencies are required to follow all applicable local and state regulations including
those listed in LAPM Chapter 10 in accordance with their State Master Agreement.
Although the requirements listed in this section are minimum requirements, the local
agency shall use good engineering judgment and best practices to document their
processes and procedures when procuring A&E contracts utilizing qualifications based
selections.
All consultants must comply with 48 Code of Federal Regulations (CFR) Part 31:
Contract Cost Principles and Procedures. Also, consultants and Local Agencies must
comply with 2 CFR Part 200: Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards, excluding sections §200.318-200.326
Procurement Standards (reference Federal Highway Administration December 4, 2014
Memorandum Action: 2 CFR 200 Implementation Guidance).
Agency state -only funded (SOF) agreements must contain the required federal fiscal
provisions from 2 CFR 200 in all Division of Local Assistance funded agreements.
Exhibit 10-R: A&E Boilerplate Agreement Language contains 2 CFR 200 requirements
and may also be used in SOF agreements. Depending upon the scope of work, the
required contract provisions may need to include the California State Prevailing Wages.
All proposed A&E contracts and supporting documents (including state -only funded) are
subject to audit or review by Caltrans' Independent Office of Independent Office of
Audits and Investigations (IOAI), other state audit organizations, or the federal
government and required to follow LAPM Section 10.1.3 A&E Consultant Audit and
Review Process.
For consultant contracts, procured with local or state funds, to provide services for
federal -aid projects, or to oversee or manage other consultants providing these
services, the Consultant in Management Support Role process must be completed to be
eligible for reimbursement. Refer to Chapter 10.1.9 Miscellaneous Considerations:
Retaining a Consultant as an Agency Engineer or in a Management Support Role.
DBE contract goals are not required for state -only funded contracts.
This guidance is for contracts utilizing state funds only. If any federal funds are added or
reimbursed, the federal process must be followed.
Non-A&E consultant contracts reference LAPM Section 10.3: Non-A&E Contracts.
Reference: California Government Code Title 1, Division 5, Chapter 10, Contracts with
Private Architects, Engineering, Land Surveying, and Construction Project Management
Firms §4525-4529.5.
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10.2,2 DEFINITION OF A&E
Architectural, landscape architectural, engineering, environmental, and land surveying
services includes those professional services of an architectural, landscape
architectural, engineering, environmental, or land surveying nature as well as incidental
services that members of these professions and those in their employ may logically or
justifiably perform.
Construction project management means those services provided by a licensed
architect, registered engineer, or licensed general contractor. Any individual or firm
proposing to provide construction project management services shall provide evidence
that the individual or firm and its personnel carrying out onsite responsibilities have
expertise and experience in construction project design review and evaluation,
construction mobilization and supervision, bid evaluation, project scheduling, cost -
benefit analysis, claims review and negotiation, and general management and
administration of a construction project.
Environmental services mean those services performed in connection with project
development and permit processing in order to comply with federal and state
environmental laws.
Reference: California Government Code §4527
10.2.3 MINIMUM AUDIT REQUIREMENTS
A. Written Procedures
Local agencies shall follow the minimum requirements listed below in addition to any
local laws and regulations.
Reference: California Government Code §4526
B. Conflict of Interest
The local agency must develop and maintain a written code of conduct governing the
performance of its employees engaged in the award and administration of state funded
contracts, including the prevention of conflicts of interest.
References:
California Government Code §4526
California Government Code §1090
California Government Code §4529.12
C. Records
Local agencies shall keep adequate records of all contracts including the procurement,
project management, accounting and financial administration.
References:
California Government Code §4529.14
California Government Code §4006
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D. Full & Open competition
All A&E contracts shall be procured through a qualifications based selection utilizing
open and fair competition. Evaluate at least three consultants using published
evaluation criteria and rank these firms in order of preference. If less than three
consultants are evaluated, provide justification for agency file.
Referen ces:
California Government Code §4526
California Government Code §4527
E. Selection Basis
Selection of a firm shall be based on qualifications and the order of ranked preference.
References:
California Government Code §4526
California Government Code §4527
F. Publication
Solicitations for A&E contracts shall be in a manner that is open and competitive.
Reference: California Government Code §4527
G. Solicitation
The solicitations shall include published evaluation criteria to rank in order of
preference. Clearly define expectations in the solicitation in order to evaluate firms.
Reference: California Government Code §4527
H. Cost Analysis
An independent cost comparison to the consultants cost proposal shall be done in
order to ensure the contract is negotiated at a fair and reasonable price.
Reference: California Government Code §4528
1. Negotiations
Negotiations must be documented to verify a fair and reasonable contract has been
executed using public funds.
Reference: California Government Code §4528
J. Audit and Review Process
A&E contracts procured by public agencies shall be subject to standard accounting
practices and may require financial and performance audits. All agencies shall follow
the Audit and Review Process as stated in LAPM Section 10.3: A&E Consultant Audit
and Review Process.
http://www.dot.ca.gov/hq/Local Programs/lam/LAPM/ch 10. pdf
http:f/www.dot.ca.gov/hq/LocaIPrograms/lam/forms/chapterl 0/10a.pdf
Reference: California Government Code §4529.14
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K. Exhibit 10-C: A&E Consultant Contract Database
Exhibit 10-C: A&E Consultant Contract Database must be completed at
htto://dlaaeoversight.dot.ca.gov/fmi/webd/Exhibit%2010-C (please use Firefox or Chrome if not
supported by your browser) prior to contract award, or after contract award but no later than the
first invoice.
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CA Government Code References
California GOV §1090
(a) Members of the Legislature, state, county, district, judicial district, and city officers or employees shall not be
financially interested in any contract made by them in their official capacity, or by any body or board of which they
are members. Nor shall state, county, district, judicial district, and city officers or employees be purchasers at any
sale or vendors at any purchase made by them in their official capacity.
(b) An individual shall not aid or abet a Member of the Legislature or a state, county, district, judicial district, or city
officer or employee in violating subdivision (a).
(c) As used in this article, "district" means any agency of the state formed pursuant to general law or special act,
for the local performance of governmental or proprietary functions within limited boundaries.
California GOV §4006
Plans, specifications, work authorizations describing work to be performed, and all other information referred to in
this chapter are open to inspection and examination as a public record.
California GOV §4525
For purposes of this chapter, the following terms have the following meaning:
(a) "Firm" means any individual, firm, partnership, corporation, association, or other legal entity permitted by law
to practice the profession of architecture, landscape architecture, engineering, environmental services, land
surveying, or construction project management.
(b) "State agency head" means the secretary, administrator, or head of a department, agency, or bureau of the
State of California authorized to contract for architectural, landscape architectural, engineering, environmental,
land surveying, and construction project management services.
(c) "Local agency head" means the secretary, administrator, or head of a department, agency, or bureau of any
city, county, city and county, whether general law or chartered, or any district which is authorized to contract for
architectural, landscape architectural, engineering, environmental, land surveying, and construction project
management services.
(d) "Architectural, landscape architectural, engineering, environmental, and land surveying services" includes
those professional services of an architectural, landscape architectural, engineering, environmental, or land
surveying nature as well as incidental services that members of these professions and those in their employ may
logically or justifiably perform.
(e) "Construction project management" means those services provided by a licensed architect, registered
engineer, or licensed general contractor which meet the requirements of Section 4529.5 for management and
supervision of work performed on state construction projects.
(f) "Environmental services" means those services performed in connection with project development and permit
processing in order to comply with federal and state environmental laws. "Environmental services" also includes
the processing and awarding of claims pursuant to Chapter 6.75 (commencing with Section 25299.10) of Division
20 of the Health and Safety Code.
California GOV §4526
Notwithstanding any other provision of law, selection by a state or local agency head for professional services of
private architectural, landscape architectural, engineering, environmental, land surveying, or construction project
management firms shall be on the basis of demonstrated competence and on the professional qualifications
necessary for the satisfactory performance of the services required. In order to implement this method of
selection, state agency heads contracting for private architectural, landscape architectural, professional
engineering, environmental, land surveying, and construction protect management services shall adopt by
regulation, and local agency heads contracting for private architectural, landscape architectural, professional
engineering, environmental, land surveying, and construction project management services may adopt by
ordinance, procedures that assure that these services are engaged on the basis of demonstrated competence
and qualifications for the types of services to be performed and at fair and reasonable prices to the public
agencies. Furthermore, these procedures shall assure maximum participation of small business firms, as defined
by the Director of General Services pursuant to Section 14837.
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In addition, these procedures shall specifically prohibit practices which might result in unlawful activity including,
but not limited to, rebates, kickbacks, or other unlawful consideration, and shall specifically prohibit government
agency employees from participating in the selection process when those employees have a relationship with a
person or business entity seeking a contract under this section which would subject those employees to the
prohibition of Section 87100.
California GOV §4527
In the procurement of architectural, landscape architectural, engineering, environmental, land surveying, and
construction project management services, the state agency head shall encourage firms engaged in the lawful
practice of their profession to submit annually a statement of qualifications and performance data.
(a) When the selection is by a state agency head, statewide announcement of all projects requiring architectural,
landscape architectural, engineering, environmental, land surveying, or construction project management services
shall be made by the agency head through publications of the respective professional societies. The agency
head, for each proposed project, shall evaluate current statements of qualifications and performance data on file
with the agency, together with those that may be submitted by other firms regarding the proposed project, and
shall conduct discussions with no less than three firms regarding anticipated concepts and the relative utility of
alternative methods of approach for furnishing the required services and then shelf select therefrom, in order of
preference, based upon criteria established and published by him or her, no less than three of the firms deemed
to be the most highly qualified to provide the services required.
(b) When the selection is by a local agency head, the agency head may undertake the procedures described in
subdivision (a). In addition, these procedures shall specifically prohibit practices which might result in unlawful
activity including, but not limited to, rebates, kickbacks, or other unlawful consideration, and shall specifically
prohibit government agency employees from participating in the selection process when these employees have a
relationship with a person or business entity seeking a contract under this section.
California GOV §4528
(a) When the selection is by a state agency head the following procedures shall apply:
(1) The state agency head shall negotiate a contract with the best qualified firm for architectural, landscape
architectural, engineering, environmental, land surveying, and construction project management services at
compensation which the state agency head determines is fair and reasonable to the State of California or the
political subdivision involved.
(2) Should the state agency head be unable to negotiate a satisfactory contract with the firm considered to be
the most qualified, at a price the agency head determines to be fair and reasonable to the State of California
or the political subdivision involved, negotiations with that firm shall be formally terminated. The state agency
head shall then undertake negotiations with the second most qualified firm. Failing accord with the second
most qualified firm, the state agency head shall terminate negotiations. The state agency head shall then
undertake negotiations with the third most qualified firm.
(3) Should the state agency head be unable to negotiate a satisfactory contract with any of the selected firms,
the state agency head shall select additional firms in order of their competence and qualification and continue
negotiations in accordance with this chapter until an agreement is reached.
(b) When the selection is by a local agency head, the local agency head may undertake the procedures
described in subdivision (a).
California GOV §4529
This chapter shall not apply where the state or local agency head determines that the services needed are more
of a technical nature and involve little professional judgment and that requiring bids would be in the public interest.
California GOV §4529.12
Al] architectural and engineering services shall be procured pursuant to a fair, competitive selection process
which prohibits governmental agency employees from participating in the selection process when they have a
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financial or business relationship with any private entity seeking the contract, and the procedure shall require
compliance with all laws regarding political contributions, conflicts of interest or unlawful activities.
California GOV §4529.14
Architectural and engineering services contracts procured by public agencies shall be subject to standard
accounting practices and may require financial and performance audits as necessary to ensure contract services
are delivered within the agreed schedule and budget.
California GOV §4529.20
This act seeks to comprehensively regulate the matters which are contained within its provisions. These are
matters of statewide concern and when enacted are intended to apply to charter cities as well as all other
governmental entities.
Federal Highway Administration Memorandum 2 CFR 200 Implementation
Guidance 12/4/2014
Attachment A: FHWA 2 CFR 200 Uniform Guidance — Questions and Answers
Question 21: "Will the FHWA/USDOT provide a waiver of the requirements in 2 CFR 200.317 for subrecipients to
comply with State procurement requirements or other policies and procedures approved by the State (200.317)?"
Answer: Yes. The USDOT requested and received an OMB waiver of the requirements in 2 CFR 200.317
concerning procurement by subrecipients. This waiver provides an exception to the requirement for all
subrecipients of a state to follow the procurement requirements in Sections 200.318 through 200.326. The waiver
will allow States and subrecipients to continue to use state -approved procurement procedures as they did under
part 18 prior to the adoption of the Uniform Guidance.
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Figure 10.2 State -Only Funded Procurement Criteria
Chapter 10
Consultant Selection
To comply with CA Government Code (GC) 4525-4529.5, 48 Code of Federal Regulations (CFR) Part 31: Contract Cost Principles and Procedures, 2 CFR Part
200: Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (excluding sections 200.318-200.326), Caltrans
Local Assistance Procedures Manual (LAPM) and other applicable STATE and FEDERAL regulations.
Requirements for LGAs that use State funding
Use State requirements below
A.
1
D.
•
1
1
1
Written Procedures
Conflict of Interest
Records
Full & Open Competition
Selection Basis
Publication
Solicitation
Cost Analysis
Negotiations
A&I Audit & Review Process
Exhibit 10-C: A&E Consultant Contract Database
GC 4526
GC 1090, GC 4527(b), GC 4529.12
GC 45 29.14, 4006
GC 4526, GC 4527, GC 4529.12
GC 452.6*, 4527
GC.4527
GC 4527
GC 4528
GC 4.528
GC 4529.14, LAPM Ch. 10, 2 CFR 200
LAPM Ch. 10.2
*Mini Brooks Act State regulation requiring the initial selection of engineering and architecture firms be based upon qualifications and experience
ratherthan by price. Price is then later negotiated.
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10.3: NON-A►&E CONTRACTS
Scope
This section covers the procurement requirements for the services that are not included in
Section 10.1 Federal and Section 10.2 State -Only. This guidance is for contracts utilizing
federal -aid funds and state funds. Federal regulations refer to state and local regulations for
non-A&E type contracts. Although local agencies are required to follow 2 CFR 200: Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards for
all contracts, the Procurement Standards section §200.318-200.326 is exempt. The guidance in
this section follows the established regulations in the California Public Contract Code.
Depending upon the scope of work, the required contract provisions may need to include the
California State Prevailing Wages.
Local agency shall designate one person within the local agency as a contract manager.
(PCC 10348.5)
Determining Non-A&E
After identifying that there is a need for consulting services, the local agency shall determine
that the services needed are more of a technical nature and involve minimal professional
judgement and that requiring a cost proposal would be in the public's best interest. These type
of consultant services that are not directly related to a highway construction project or that are
not included in the definition of engineering and design related services are considered non-
A&E. The services must not be included in Section 10.2.2 Definition of A&E.
The determining factor is whether the services being procured are related to a specific
construction project and whether the services require work to be performed, provided by, or
under the direction of a registered engineer or architect.
Example of Determining Non-A&E
Material testing has been requested to ensure quality assurance on a construction project. The
service includes only performing the material test and providing material test data. Although the
service is related to a construction project, the overall service did not provide an evaluation or a
discipline report. In this example, the local agency can determine that the service provided is
more of a technical nature and is therefore a non-A&E service.
The following is a list of the more common non-A&E services:
• Right -of -Way Appraisal
• Right -of Way acquisition activities
• Conducting public outreach during environmental clearance or construction
• Active Transportation Program educational and outreach activities
• Intelligent Transportation System (ITS)
• Non -Infrastructure
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Intelligent Transportation System (ITS) Projects
Intelligent Transportation System (ITS) means electronic, communications, or information
processing used singly or in combination to improve the efficiency or safety of a surface
transportation system. ITS projects are those that in whole or in part, funds the acquisition of
technologies or systems of technologies that provide significant contributions to the provision of
one or more ITS user services as defined in the National ITS Architecture.
The federal -aid procurement regulations identify three possible contract procurement
procedures for ITS projects including engineering and design related services (A&E),
construction, and non-engineering/non-architectural (non-A&E).
If ITS projects include physical installation of field devices and/or communications infrastructure,
such as new traffic signals, new controller cabinets, changeable message signs, radio and
computers, vehicle detectors, and conduits for cabling in the roadway, then that work and
required equipment usually meets the definition of construction. The construction contract must
be procured based on competitive bidding. If the ITS project involves software development,
system integration, hiring engineers and specialists for ITS design and installation support,
inspection, design documentation, training and deployment, it may be considered an
engineering and design services contract and the contract must be procured as an A&E
consultant contract. If the scope of work is unclear as to whether it is an A&E type of work,
contact aeoversight a(�,dot.ca.gov for assistance.
However, if an ITS project does not meet either the definition of construction or engineering and
design services, then the contract may be considered to be a non-A&E consultant contract.
Examples of non-A&E consultant contracts are:
• The procurement of hardware and software associated with incident management system;
• Software systems for arterial and freeway management systems;
• Operating the 511 traveler information service;
• Nonprofessional services for system support such as independent validation and
verification, testing and specification development;
For more information regarding Intelligent Transportation Systems (ITS) Program procurement
requirements, refer to LAPG, Chapter 13 LAPG Chapter 13: Intelligent Transportation Systems.
Non -Infrastructure Projects
Non -infrastructure (NI) projects are those transportation -related projects that do not involve
either engineering design, Right -of -Way acquisition (for additional guidance refer to LAPM
Chapter 13), or the eventual physical construction of transportation facilities.
Procurement of non-A&E consultant contracts associated with non -infrastructure projects must
follow Non-A&E procurement procedures described in this chapter. For more information on NI
projects, refer to LAPM Chapter 3: Project Authorization.
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Governing Regulations and Codes for Non-A&E
When procuring non-A&E services with federal -aid funds, Local agencies must comply with 2
CFR Part 200: Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards, excluding sections §200.318-200.326 Procurement Standards (reference
Federal Highway Administration December 4, 2014 Memorandum Action: 2 CFR 200
Implementation Guidance, Attachment A). Local agencies must follow the same policies and
procedures that the State uses for procurement with its non -Federal funds. When procuring
non-A&E services with federal -aid and state -only funds, the governing procurement code is
Public Contract Code 10335-10381.
Procurement of Non-A&E Consultant Contracts
All non-A&E procurements contracts must be conducted in a manner providing full and open
competition consistent with federal and state standards. Local agency must meet the code of
conduct governing the performance of its employees engaged in the award and administration
of federal -aid and state -funded contracts, including the preventions of conflict of interest in PCC
10410.
The following are the fundamental rules when procuring a non-A&E consultant contract.
1. The request for proposal (RFP) shall not limit the competition directly or indirectly to any
one consultant. The RFP must be publicized and all evaluation factors and their relative
importance identified. (PCC 10339)
2. Splitting a single transaction into a series of transactions for the purpose of evading the
procurement requirements is not allowed. (FCC 10329)
3. Local agency shall secure at least three competitive proposals for each contract. (PCC
10340) When receiving less than three proposals, refer to the Cost-Effective/Public
Interest Finding in this section as an alternative to re -advertisement.
4. No proposals shall be considered which have not been received at the place, and prior
to the closing time as stated in the RFP. (PCC 10344(a))
5. Local agency must have a written procedure for evaluating proposals. (PCC 10344)
RFP Basic Requirements
A. There are two general types of consulting service contract solicitations:
B. Request for Proposal using Cost only
C. Request for Proposal using Cost and Qualifications
The local agency must include the following in the request for proposal:
A. A clear, precise description of the work to be performed or services to be provided.
B. Description of the format that proposals shall follow and the elements they shall contain.
C. The standards the agency will use in evaluating proposals. This includes qualifications
and certifications if applicable.
D. The date the proposals are due.
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Consultant Selection
E. The procurement schedule that the local agency will follow in reviewing and evaluating
the proposals.
(PCC 10344)
Additional Requirements and Evaluation Criteria
Additional Requirements for Request for Proposal using Cost only
A. Local agency must require consultants to submit their proposals and cost in a separate,
sealed envelope.
B. Local agency shall determine those that meet the format requirements and the
standards specified in the request for proposal.
C. The sealed envelopes containing the price and cost information for those proposals that
meet the format requirements and standards shall then be publicly opened and read.
D. Contract must be awarded to the lowest responsible consultant meeting the standards.
(PCC 10344(b))
Additional Requirements for Request for Proposal using Cost and Qualifications
A. Local agency must include in the proposal the description of the evaluation and scoring
method. Substantial weight in relationship to all other criteria utilized shall be given to the
cost amount proposed by the consultant.
B. Local agency shall determine those that meet the format requirements specified in the
RFP.
C. Local agency evaluation committee must evaluate and score the proposals using the
methods specified in the RFP. All evaluation and scoring sheets shall be available for
public inspection after the committee scoring process. Evaluation committee should
comply to the prevention of conflict of interest in PCC 10410.
D. The non-A&E contract shall be awarded to the consultant whose proposal is given the
highest score by the evaluation committee.
(PCC 10344(c))
When using RFP (Cost and Qualifications), the criteria used to evaluate the consultant's
proposals must have a logical foundation within the scope of work or within other technical
requirements contained in the RFP. Each criterion must have a weight or level of importance,
and it is recommended that total possible score for the evaluation criteria be one hundred (100)
points. The proposed cost should be at least thirty percent (30%) of total points in evaluation
criteria.
An example RFP for non-A&E is provided on the Local Assistance website at https://dot.ca.govl-
/meclia/dot-media/programs/local-assistance/documents/ae/files/rfp-example-non-ae.docx and
may be modified.
Submission of Exhibit 10-C: Consultant Contract Database to Caltrans HQ is not required for
non-A&E consultant contracts.
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Consultant's Proposal
The consultant's proposal should include the following information:
• Consultant Project Manager — qualifications, roles and responsibilities.
• Methodology description of work and overall approach, specific techniques that will be
used and specific administrative and operations expertise to be used.
• Workplan and Work Schedule - the technical proposal should include activities and
tasks, and their delivery schedule.
• Personnel - List of personnel who will be working on the project, and their resumes.
• Facilities and resources (If applicable) - Explanation of where the services will be
provided and what type of equipment is needed to perform services.
• Sub -contracts - Identify all sub -contracts that are to be used, description of each and the
work by each sub-consultant/sub-contractor. No work shall be subcontracted unless
listed in the technical proposal. Sub -consultant resumes should be provided.
• References - The technical proposal should provide at least three (3) clients for whom
the proposer has performed work of similar nature to the request.
Cost Proposal Worksheet
The RFP should provide a standard format for cost proposal that all proposers must include in
their proposal. The cost proposal format can be broken down by specific tasks, showing hourly
labor rates, level of effort and material, and/or by milestones and deliverables.
Local agency is not required to award a contract if it is determined that the contract price is not
reasonable. (PCC 10340(c))
DBE Consideration
DBE consideration is required on all federal -aid funded contracts including non-A&E.
Administrative Requirements
Advertisement for RFPs may be through the local agency website, local publications, and
national publications. Minimum solicitation time is 14 calendar days. The solicitation should
inform potential qualified consultants that questions must be submitted in writing to the Agency
Contract Manager/Administrator by a specified date and time. All pertinent technical information
and answers to consultant's questions shall be provided to all potential consultants. Written
responses to all questions will be collectively compiled and provided as an addendum.
A proposal may be considered nonresponsive and rejected without evaluation if all required
information is not provided. Proposals without information regarding, or not meeting, the
required DBE utilization goal or without a Good Faith Effort documentation, late submittals,
submittals to the wrong location, or submittals with inadequate copies are considered
nonresponsive and shall be rejected. Submittal of additional information after the due date shall
not be allowed. Documentation of when each proposal was received must be maintained in the
project files. Copies of date stamped envelope covers or box tops are recommended.
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No consultant who has been awarded a consulting service contract may be awarded a
subsequent contract for the services or goods which are required as an end product of the
consulting service contract, unless the subcontract is no more than 10 percent of the total
monetary value of the consulting services contract. Excludes A&E contracts.
(PCC 10365.5)
Contracts may be modified or amended only if the contracts so provide. Amendments must be
requested and executed prior to the termination date of the most recently approved original or
amended contract. All records of contract activities shall be kept for three years after federal
final voucher E-76 or state final voucher for State -Only funds. Costs are reimbursable after state
allocation by the California Transportation Commission (CTC) and/or the issuance of the federal
E-76. The per diem rate shall not exceed the state rate. Contract Managers are responsible for
monitoring expenditures on all contracts and verifying categories of work that require prevailing
wage. A person in Responsible Charge of contract management is required for all federally
funded projects.
Oral Presentations Optional
When oral presentations are required by the local agency, the evaluation criteria must include
factors/sub-factors and weights used to score the proposers performance at the oral
presentation. The evaluation committee will only be able to score each proposer based upon
these criteria. The Contract Manager/Administrator should develop a set of questions related to
the scope of work or the project to be asked during the evaluation committee question and
answer (Q & A) section of the oral presentations. All proposers are asked the same questions
for consistency.
The committee must also evaluate reference checks and other information gathered
independently. Reference checks shall be completed and other information gathered before the
interviews are conducted. If necessary, the results of the reference checks or other information
may be discussed with the highest ranked qualified consultants at the interviews.
Cost -Effective / Public Interest Finding
A minimum of three proposal must be evaluated to establish effective competition. Any agency
that has received less than three proposals on a contract shall document the names and
addresses of the firms or individuals it solicited for proposals. Prepare an explanation as to why
less than three proposals were received. When only two proposals are received, a justification
must be documented to proceed with the procurement. When only one proposal is received, a
Non -Competitive process must be justified and a Public Interest Finding (PIF) (LAPM Exhibit 12-
F: Cost-Effective/Public Interest Finding) must be documented. In either case, the re -
advertisement of the RFP should be considered as an option. Retain document as supporting
documentation in the contract file.
(PCC 10340(c))
Protest / Appeals / Reinstatement Procedures
Both state and federal regulations require well-defined protest/reinstatement procedures. It is
essential that the procedures include a reasonable opportunity for the prospective consultant to
present his/her case. The appeals procedures strengthen the process by which the contracting
agency reaches its ultimate goal and helps defends its action against a claim of lack of due
process. A termination clause and a provision for settlement of contract disputes are required.
Protest procedures and dispute resolution processes should be in accordance with PCC 10345.
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RESOLUTION NO. 2020-
RESOLUTION OF THE CITY OF NATIONAL CITY APPROVING THE ADOPTION OF
CALTRANS' LOCAL ASSISTANCE PROCEDURES MANUAL CHAPTER 10
WHEREAS, the City Council of the City of National City through the Engineering & Public
Works Department is responsible for the execution of State and Federal funded project(s); and
WHEREAS, the provision of 23 CFR 172.5(b), subrecipients shall develop and sustain
organizational capacity and provide the resources necessary for the procurement, management, and
administration of engineering and design related consultant services, reimbursed in whole or in part with
Federal -Aid Highway Program funding as specified in 23 U.S.C. 106(g)(4)(A); and
WHEREAS, 23 CFR 172.5(b)(1) requires subrecipients to 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; and
WHEREAS, the State of California Department of Transportation (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; and
WHEREAS, LAPM Chapter 10, Consultant Selection, describes the consultant selection
and procurement process local agencies must follow to maintain eligibility for federal and state
reimbursement.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of National City
hereby adopts Caltrans LAPM Ch.10, Consultant Selection, and any updates thereto, in the procurement
of A&E services for state and federal funded projects.
PASSED and ADOPTED this 18th day of February, 2020.
Alejandra Sotelo-Solis, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney
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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.
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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
2/5of4261
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.
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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
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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
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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.
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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
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RESOLUTION NO. 2020 -
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
WHEREAS, 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; and
WHEREAS, 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);
and
WHEREAS, the project will include a road diet, bicycle -friendly intersection improvements,
and pedestrian enhancements that will directly link the City's bike network to the regional network; and
WHEREAS, 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; and
WHEREAS, 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.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of National City
hereby authorizes 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.
PASSED and ADOPTED this 18th day of February, 2020.
Alejandra Sotelo-Solis, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney
281 of 426
CC/CDC-HA Agenda
2/18/2020 — Page 282
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 East 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.
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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
283 Ot 4261
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.
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Location Map with Recommended Enhancements (TSC Item: 2019-18)
Niederfrank's
Ice Cream
(726 "A" Ave)
w-jr--
9Zt7 10 983
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.
286 of 426
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
287 of 426
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:
288 of 426
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
289 of 426
Location Map with Recommended Enhancements (TSC Item: 2019-18)
148' of proposed
parking restriction
"15-minute" parking
(12 parking spaces)
290 of 426
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)
291 of 426
CC/CDC-HA Agenda
2/18/2020 — Page 292
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City authorizing the 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 East 8th Street (TSC No. 2019-19). (Engineering/Public
Works)
Please scroll down to view the backup material.
292 of 426
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
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
293 of 426 1
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
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
294 of 426
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.
295 of 426
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.
297 of 426
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
298 of 426
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:
299 of 426
300 of 426
-- 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
301 of 426
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
302 of 426
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)
303 of 426
20' of proposed white
curb "Passenger
Loading" zone parking
(1 parking spaces)
Location of proposed parking white curb "Passenger Loading Zone" (looking west)
304 of 426
CC/CDC-HA Agenda
2/18/2020 — Page 305
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 another public agency, the City of Tecate, in
accordance with State Law and Municipal Code Section 2.42.040B. (Fire)
Please scroll down to view the backup material.
305 of 426
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:
ACCOUNT NO.
ud
APPROVED: C Finance
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. Municipal Code Chapter 2.42 — Disposal of Surplus City Property
3. Resolution
306 of 426
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:
Pursuant to the California Government Code and 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 item(s) 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
307 of 426
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.
308 of 426
Chapter 2.42 - DISPOSAL OF SURPLUS CITY PROPERTY
2.42.010 - Definitions.
A. "Surplus city property" means supplies or equipment belonging to the city which
are no longer used or which have become obsolete or worn out or which are
otherwise of no further use.
B. "Immediate family" means the husband, wife, mother and father of both husband
and wife, son, daughter, brother and sister of the employee, or any relative by
blood or marriage residing in the same household.
(Ord. 1673 § 1 (part), 1979)
2.42.020 - Duty to report surplus equipment and supplies.
All using agencies shall submit to the purchasing agent, at such times and in such forms as
prescribed, reports listing all available surplus city property. The purchasing agent shall have
authority to exchange for, or trade in, such property on new supplies and equipment in
accordance with this chapter.
(Ord. 1673 § 1 (part), 1979)
2.42.030 - Disposal required.
The purchasing agent shall determine if any surplus city property can be used by any agency
of the city. If such supplies or equipment cannot be used or are unsuitable for city use, the
purchasing agent shall, in the manner provided in this chapter, dispose of such supplies and
equipment that cannot be exchanged for or traded in on new equipment or supplies.
(Ord. 1673 § 1 (part), 1979)
2.42.040 - Manner of disposal.
A. If the surplus city property which is not required for city use has been assigned an
estimated market value of less than one thousand dollars by the purchasing agent,
he/she may dispose of such property on the open market without advertising for
bids.
309 of 426
B. 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, therefor, the highest
net proceeds for the city. The consignment vendor shall, at its expense,
advertise the item(s) 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).
C. The purchasing agent shall have the authority to combine any surplus city property
with lost and unclaimed property for the purpose of disposal by public auction in
accordance with Chapter 2.44 of this title.
D. The amount received for any property sold pursuant to this chapter shall be
deposited in the city's general fund.
(Ord. 2284, 2006: Ord. 2044, 1992; Ord. 1673 § 1 (part), 1979)
2.42.050 - City personnel prohibited from purchasing.
No city officer or employee or any member of the immediate family living in the same
household of a city officer or employee shall purchase surplus city property sold in accordance
with this chapter.
(Ord. 1673 § 1 (part), 1979)
310 of 426
CC/CDC-HA Agenda
2/18/2020 — Page 311
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.
311 of 426
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: `�/U/A ,G.0 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
312 of 426
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
-NCum-
OR �J
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
313 of 426
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
NATIONAL
-NCITy-
OR �J
WARRANT REGISTER # 28
1/7/2020
DESCRIPTION CHK NO DATE AMOUNT
RETIREE HEALTH BENEFITS / JAN 2020 345649 1/7/20 290.00
RETIREE HEALTH BENEFITS / JAN 2020 345650 1/7/20 580.00
RETIREE HEALTH BENEFITS / JAN 2020 345651 1/7/20 520.00
RETIREE HEALTH BENEFITS / JAN 2020 345652 1/7/20 460.00
RETIREE HEALTH BENEFITS / JAN 2020 345653 1/7/20 120.00
RETIREE HEALTH BENEFITS / JAN 2020 345654 1/7/20 280.00
RETIREE HEALTH BENEFITS / JAN 2020 345655 1/7/20 360.00
RETIREE HEALTH BENEFITS / JAN 2020 345656 1/7/20 340.00
RETIREE HEALTH BENEFITS / JAN 2020 345657 1/7/20 140.00
RETIREE HEALTH BENEFITS / JAN 2020 345658 1/7/20 290.00
RETIREE HEALTH BENEFITS / JAN 2020 345659 1/7/20 280.00
RETIREE HEALTH BENEFITS / JAN 2020 345660 1/7/20 190.00
RETIREE HEALTH BENEFITS / JAN 2020 345661 1/7/20 135.00
RETIREE HEALTH BENEFITS / JAN 2020 345662 1/7/20 260.00
RETIREE HEALTH BENEFITS / JAN 2020 345663 1/7/20 310.00
RETIREE HEALTH BENEFITS / JAN 2020 345664 1/7/20 330.00
RETIREE HEALTH BENEFITS / JAN 2020 345665 1/7/20 340.00
RETIREE HEALTH BENEFITS / JAN 2020 345666 1/7/20 300.00
RETIREE HEALTH BENEFITS / JAN 2020 345667 1/7/20 320.00
RETIREE HEALTH BENEFITS / JAN 2020 345668 1/7/20 200.00
RETIREE HEALTH BENEFITS / JAN 2020 345669 1/7/20 135.00
RETIREE HEALTH BENEFITS / JAN 2020 345670 1/7/20 250.00
RETIREE HEALTH BENEFITS / JAN 2020 345671 1/7/20 280.00
RETIREE HEALTH BENEFITS / JAN 2020 345672 1/7/20 480.00
RETIREE HEALTH BENEFITS / JAN 2020 345673 1/7/20 230.00
RETIREE HEALTH BENEFITS TOTAL: 22,990.00
10 X 1 3/4 UNI POST / PW 345675 1/7/20 481.55
TRAINING ADV POST SUB COMM/ PD 345676 1/7/20 640.00
SCRUBBER AIR HEPA 345677 1/7/20 2,653.78
MOP 64096 SAFETY WEARING APPAREL - PW 345678 1/7/20 367.43
OFFSITE WINDOW TINT, REPAIR 345679 1/7/20 202.36
TRAINING ADV SUB DISPATCH CABATU 345680 1/7/20 135.98
COMM SERVICES CPRS MEMBERSHIP RENEWAL 345681 1/7/20 145.00
COMM SERVICES CPRS MEMBERSHIP RENEWAL 345682 1/7/20 145.00
COUNCIL MEETING TRANSLATION 12-03-19 345683 1/7/20 125.00
PROFESSIONAL SERVICES 345684 1/7/20 6,200.00
6 MONTH SUBSCRIPTION TO COSTAR REALTY 345685 1/7/20 2,889.42
CITY WIDE CATCH BASIN/SUMP CLEANING 345686 1/7/20 6,155.92
CDBG AGREEMENT: CSA SAN DIEGO COUNTY 345687 1/7/20 3,664.61
TIRES FOR CITY FLEET FOR FY 2020 345688 1/7/20 1,319.45
PENETRANT LUBRICANT / PW 345689 1/7/20 491.62
MOP 45723 GENERAL SUPPLIES - PW 345690 1/7/20 220.13
LIABILITY CLAIM COST 345691 1/7/20 110.00
MOP 65179 GENERAL SUPPLIES - PW 345692 1/7/20 2,329.96
PIVOT PIN / PW 345693 1/7/20 896.71
121HP54117, GRAPHITE RIDGELINE 4PT 345694 1/7/20 291.93
SUPPLIES FOR KIMBALL HOLIDAY 345695 1/7/20 272.26
RECORD MANAGEMENT AND STORAGE FOR FY20 345696 1/7/20 213.21
2/3
314 of 426
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 Curir
IN O R ED J
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
EMPOWERMENT ACADEMY/ANNUAL DINNER TABLE
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
GRAND TOTAL
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
$ 1,067,876.73
3/3
315 of 426
CERTIFICATION
IN ACCORDANCE WITH SECTIONS 37202, 37208, AND 372059 OF THE GOVERNMENT CODE, WE
HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE
AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE
CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW.
MARK ROBERTS, DIRECTOR OF FINANCE BRAD RAULSTON, CITY MANAGER
FINANCE COMMITTEE
ALEJANDRA SOTELO-SOLIS, MAYOR/CHAIRWOMAN
MONA RIOS, VICE MAYOR JERRY CANO, COUNCILMEMBER
GONZALO QUINTERO, COUNCILMEMBER RONALD J. MORRISON, COUNCILMEMBER
I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND
THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF
BY THE CITY COUNCIL ON THE 18TH OF FEBRUARY 2020.
AYES
NAYS
ABSENT
316 of 426
CC/CDC-HA Agenda
2/18/2020 — Page 317
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.
317 of 426
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: LWA4,d,a FINANCE
APPROVED: MIS
ENVIRONMENTAL REVIEW:
This is not a project and, therefore, not subject to environmental review.
ORDINANCE: INTRODUCTION FINAL ADOPTION
STAFF RECOMMENDATION:
Ratify warrants totaling $2,043,400.87
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
Warrant Register # 29
318 of 426
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
319 of 426
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
320 of 426
�.�.\ 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
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CERTIFICATION
IN ACCORDANCE WITH SECTIONS 37202, 37208, AND 372059 OF THE GOVERNMENT CODE, WE
HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE
AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE
CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW.
MARK ROBERTS, DIRECTOR OF FINANCE BRAD RAULSTON, CITY MANAGER
FINANCE COMMITTEE
ALEJANDRA SOTELO-SOLIS, MAYOR/CHAIRWOMAN
MONA RIOS, VICE MAYOR JERRY CANO, COUNCILMEMBER
GONZALO QUINTERO, COUNCILMEMBER RONALD J. MORRISON, COUNCILMEMBER
I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND
THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF
BY THE CITY COUNCIL ON THE 18TH OF FEBRUARY 2020.
AYES
NAYS
ABSENT
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CC/CDC-HA Agenda
2/18/2020 — Page 323
The following page(s) contain the backup material for Agenda Item: Public Hearing and
Adoption of a Resolution of the City Council of the City of National City 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) (Planning) **Companion Item #17**
Please scroll down to view the backup material.
323 of 426
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
J44 UI 4401
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
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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
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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
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ATTACHMENT 3
4
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2020-01 M — 555 East 1st Street — Overhead
ATTACHMENT 4
5
329 of 426
RESOLUTION NO. 2020 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
ADDING THE RESIDENCE LOCATED AT 555 EAST 1st STREET
TO THE CITY'S LIST OF HISTORIC PROPERTIES
WHEREAS, application was made to place the historic property located at 555
East 1st Street on the City's list of historic properties on property commonly known 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.
WHEREAS, the City Council of the City of National City considered said
application at a Public Hearing held on February 18, 2020, at which time oral and documentary
evidence was presented; and
WHEREAS, at said Public Hearing the City Council considered the staff report
prepared for Case File No. 2020-01 HL which is maintained by the City, and incorporated
herein by reference; along with evidence and testimony at said hearing; and
WHEREAS, this action is taken pursuant to all applicable procedures required by
State and City law; and
WHEREAS, the action recited herein is found to be essential for the preservation
of public health, safety and general welfare.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City, California, that it hereby approves the request to place a historic property on the
Historic Sites List based on the following findings:
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Resolution No. 2020 —
Page Two
1. The proposed historic resource is associated with the life of Ed Willoughby, the first
president of the National City Chamber of Commerce and President of Nation City
State Bank; and
2. The architecture of the structure is important to the community as it is an example of
a well-preserved Prairie style architecture constructed when the arts and crafts style
movement was just taking hold in National City.
BE IT FURTHER RESOLVED that based on the findings described hereinabove,
said request to place a historic property on the City's list of historic properties (2020-01 HL)
located at 555 East 1st Street is hereby approved subject to the provisions of Chapter
18.12.160 (B) (2) of the Historic Properties Ordinance:
BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted
forthwith to the applicant; and,
BE IT FURTHER RESOLVED that this Resolution shall become effective and
final on the day following the City Council meeting wherein the resolution is adopted. The time
within which judicial review of this decision may be sought is governed by the provisions of
Code of Civil Procedure Section 1094.6.
PASSED and ADOPTED this 18th day of February 2020.
Alejandra Sotelo-Solis, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney
331 of 426
CC/CDC-HA Agenda
2/18/2020 — Page 332
The following page(s) contain the backup material for Agenda Item: Public Hearing and
Adoption of a Resolution of the City Council of the City of National City 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 #16**
Please scroll down to view the backup material.
332 of 426
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
333 of 426
2020-01 M — 555 East 1st Street — Overhead
ATTACHMENT 1
1
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ATTACHMENT 2
2
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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
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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
337 of 426
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
338 of 426
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
339 of 426
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
340 of 426
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
341 of 426
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
342 of 426
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
343 of 426
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
344 of 426
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
345 of 426
CC/CDC-HA Agenda
2/18/2020 — Page 346
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City adopting National City's INTRA-Connect Plan
(Integrating Neighborhoods with Transportation Routes for All), funded by a $330,000
Caltrans Sustainable Transportation Planning Grant. (Engineering/Public Works)
Please scroll down to view the backup material.
346 of 426
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DA i February 18, 2020
AGENDA ITEM NO.
ITEM TITi..H
Resolution of the City Council of the City of National City adopting National City's INTRA-Connect
Plan (Integrating Neighborhoods with Transportation Routes for All), funded by a $330,000 Caltrans
Sustainable Transportation Planning Grant.
PREPARED BY: Stephen Manganiello, Director of Eng/PW
PHONE: 619-336-4382
EXPLANATION:
See attached.
FINANCIAL STATEMENT:
ACCOUNT NO.
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
DEPARTMENT: Engineering/Public Works
APPROVED BY:
4z 77r/
APPROVED:
APPROVED:
STAFF RECOMMENDATION:
Adopt Resolution adopting National City's INTRA-Connect Plan.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Explanation
2. INTRA-Connect Plan on file with the Office of the City Engineer
3. Resolution
Finance
MIS
347 of 4261
EXPLANATION
On November 1, 2016, City Council adopted Resolution No. 2016-176 authorizing the
filing of an application for Sustainable Transportation Planning Grant Program funds
through the California Department of Transportation (Caltrans) for National City's
INTRA-Connect Plan (Integrating Neighborhoods with Transportation Routes for All)
and authorizing the City Manager to execute the grant agreement with Caltrans, if
selected for grant award. In March 2017, staff was notified that National City had been
awarded a $330,000 Sustainable Communities Transportation Planning Grant for the
project. The City Manager subsequently executed Grant Agreement Number 74A0956
with Caltrans, effective November 1, 2017. On May 15, 2018, City Council adopted
Resolution No. 2018-73 authorizing appropriations and corresponding revenue budget
to allow for reimbursement of eligible project expenditures through Caltrans' Sustainable
Transportation Planning Grant Program for completion of the INTRA-Connect Plan.
National City's INTRA-Connect Plan expands upon National City's SMART Foundation
Plan (Safe Multi -modal Accessible Routes To...transit, schools, parks, shops, services
and recreation), which identified infrastructure enhancements to encourage multi -modal
transportation in National City by taking a comprehensive and integrated look at Smart
Growth Planning, Smart Mobility and Smart Parking elements. This strategic approach
further supports infill development and seeks to create self-supporting neighborhoods in
an effort to reduce vehicular miles traveled (VMT), thereby reducing greenhouse gas
(GHG) emissions.
A central focus of the INTRA-Connect Plan is the concept of 10-minute "walk
neighborhoods," 10-minute "drive communities" and 10-minutes to "transit connections."
The 10-minute concept will encourage more compact development, enhance transit
use, increase multi -modal transportation, reduce the distance and time people need to
travel, and subsequently, reduce GHG emissions. The INTRA-Connect Plan provides a
framework of active transportation strategies, overview of street classifications and
design standards, refinement of community corridors, development of priority projects,
including conceptual designs and preliminary cost estimates, identification of infill
investment areas, and compatibility with adjacent land uses.
City staff and our consultant team will provide a presentation highlighting the key
elements of the INTRA-Connect Plan, community outreach efforts, and
recommendations. Caltrans requires City Council adoption of the Plan in order to close
out the grant.
348 of 426
CC/CDC-HA Agenda
2/18/2020 — Page 349
The following page(s) contain the backup material for Agenda Item: Commercial
Cannabis fiscal analysis, Outreach October survey results and discussion and seeking
direction from the City Council to Staff regarding additions to the proposed Commercial
Cannabis ordinance. (City Manager)
Please scroll down to view the backup material.
349 of 426
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: February 18. 2020
AGENDA ITEM NO.
ITEM TITLE:
Commercial Cannabis fiscal analysis, Outreach October survey results and discussion and seeking direction
from the City Council to Staff regarding additions to the proposed Commercial Cannabis ordinance.
PREPARED BY:
Megan Gamwell, Economic Development Specialist
PHONE: 619-336-4216
EXPLANATION:
On September 17, 2019 City Council asked Staff to return with a detailed fiscal analysis based on the direction
received at the September 17 City Council meeting and to share the results of the community workshop and
survey held on October 22, 2019.
DEPARTMENT:
APPROVED BY:
City Manager's Office
Staff is seeking direction from City Council on a Community Benefits fee; whether or not to include 3 locations in
the Tourist Commercial (CT) zones west of 1-5, in addition to the 3 originally proposed in the Industrial Zone,
where commercial cannabis operations may be permitted; and to include consumption lounges as an allowable
business type in the ordinance.
FINANCIAL STATEMENT:
ACCOUNT NO.
ENVIRONMENTAL REVIEW:
n/a
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Staff recommends establishing a set Community Benefits fee rate of 5% of gross receipts for all cannabis businesses; expanding the
proposed number of cannabis business operations from 3 to 6 (3 remaining in the originally proposed Industrial Zone and 3 being added to
the areas zoned Tourist Commercial (CT) in the Marina District west of 1-5); and to include consumption lounges as an allowable business
type in the ordinance.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. City Staff Report
2. Survey Results
3. Fiscal Analysis
350 of 426
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"). In
addition, medical marijuana dispensaries and cultivation are prohibited in sections 1830.340 and 18.30.345
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 they provided
direction to Staff to develop an ordinance that would allow up to three cannabis businesses, to be located
in the City's industrial zone west of I-5. The City 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 allowable land uses 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 will 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 a Community Benefits fee. 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 the City 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 the City Council on whether
or not to include an additional 3 locations in the Tourist Commercial zone west of I-5 in which commercial
cannabis operations may be permitted and whether consumption lounges should be 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
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 fee
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.
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351 of 426
Since the City is proposing to allow just three cannabis businesses, without specifying what types they may
be, HdL anticipates that the limited number of licenses available would tend to attract businesses that
conduct more than one type of commercial cannabis activity at a single location. HdL recommends that the
City establish a Community Benefits fee with a rate between 2.5% and 5% of gross receipts for all cannabis
businesses, regardless of type. This range would be slightly higher than the standard tax rates HdL
commonly recommends for some types of businesses but would be somewhat lower for others. Applying
a single rate to all cannabis business activities provides for a fee structure for businesses conducting more
than one type of licensed activity. HdL has provided revenue estimates using rates of 2.5%, 4.0% and 5.0%,
based upon three different scenarios. These scenarios indicate a range of potential revenues from $275,000
up to $1,050,000 in projected annual revenue.
Staffs Recommendation #1: Establish a rate of 5% of gross receipts for all cannabis businesses, regardless
of type.
Discussion Item #2: Locations in Tourist Commercial Zone
Based on community feedback, Staff is seeking direction on expanding the proposed number of cannabis
business locations from 3 to 6 with 3 remaining in the originally proposed Industrial Zone and 3 being
added to the areas zoned Tourist Commercial (CT) in the Marina District west of I-5. Expanding the
number of business locations to 3 within the CT Zone would open up the opportunity for additional
revenue through consumption lounges and retail. Visitor serving, tourist commercial, and recreational
uses are prioritized in the coastal zones and includes restaurant facilities and tourist -commercial retail.
The CT Zone currently allows for the types of uses consistent with consumption lounges and retail
without having to make changes to the current zoning. Based on community feedback and consultation
with Hdl, Staff is proposing to include consumption lounges as an allowed business type in the ordinance.
The proposed CT zone is part of the Balanced Plan area being studied by the City of National City, the
San Diego Unified Port District (SDUPD), GB Capital Holdings LLC, and Pasha Automotive. The
Balanced Plan for the National City Marina District identifies mitigations and enhancements to "balance"
industrial uses with commercial and public uses to increase access to National City's Bayfront. City Staff
has had preliminary conversations with SDUPD about commercial cannabis businesses since most of the
Marina District is within State Tidelands. If approved, Staff will continue to work with key stakeholders
within the Marina District area to ensure that the addition of commercial cannabis activity in the CT Zone
is consistent with the goals of the Balanced Plan.
Staffs Recommendation #2: Expand allowed cannabis business locations from 3 to 6 with 3 remaining
in the originally proposed Industrial Zone and 3 being added to the areas zoned Tourist Commercial (CT)
in the Marina District west of I-5; and include Consumption Lounges as an allowable use in the
ordinance.
Discussion Item #3: Next Steps
If City 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 and outline a fee structure
for full cost recovery of the application and review process.
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352 of 426
Commercial Cannabis Survey SurveyMonkey
Attachment 2
Q1 Please select one category that best describes your relationship to
National City.
National City
Resident
National City
Business
Neither
Both
Answered: 56 Skipped: 0
0% 10% 20% 3 0 % 40% 50% 60% 70% 80% 90% 100%
ANSWER CHOICES
National City Resident
National City Business
Neither
Both
TOTAL
RESPONSES
64.29%
16.07%
16.07%
3.57%
36
9
9
2
56
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Commercial Cannabis Survey SurveyMonkey
Attachment 2
Q2 In general, do you support or oppose legalized cannabis for medicinal
use?
Strongly
support
Somewhat
support
No opinion/
don't care
Somewhat
opposed
Strongly
opposed
Answered: 56 Skipped: 0
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
ANSWER CHOICES
Strongly support
Somewhat support
No opinion/ don't care
Somewhat opposed
Strongly opposed
TOTAL
RESPONSES
60.71%
23.21%
3.57%
3.57%
8.93%
34
13
2
2
5
56
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2/27
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Commercial Cannabis Survey SurveyMonkey
Attachment 2
Q3 In general, do you support or oppose legalized cannabis for adult
recreational use?
Strongly
support
Somewhat
support
No opinion/
don't care
Somewhat
opposed
Strongly
opposed
Answered: 56 Skipped: 0
y y
0% 10% 200/0 30% 40% 50% 600/0 700/0 80% 90% 100%
ANSWER CHOICES
Strongly support
Somewhat support
No opinion/ don't care
Somewhat opposed
Strongly opposed
TOTAL
RESPONSES
53.57%
14.29%
1.79%
7.14%
23.21%
30
8
1
4
13
56
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3/27
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Commercial Cannabis Survey SurveyMonkey
Attachment 2
Q4 How did you vote on Proposition 64, the Adult Use of Marijuana Act of
2016?
Yes, support
Did not vote
No, opposed
Answered: 56 Skipped: 0
ft
0% 10% 20% 3 0 % 40°A° 50% 60% 70% 80% 90°A. 100%
ANSWER CHOICES
Yes, support
Did not vote
No, opposed
TOTAL
RESPONSES
69.64%
7.14%
23.21%
39
4
13
56
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4/27
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Commercial Cannabis Survey SurveyMonkey
Attachment 2
Q5 Do you personally use cannabis for medicinal use?
Yes, regularly
Rarely/
occasionally
No, Never
No comment
Answered: 56 Skipped
1.1
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
ANSWER CHOICES
Yes, regularly
Rarely/ occasionally
No, Never
No comment
TOTAL
RESPONSES
23.21% 13
12
27
21.43%
48.21%
7.14%
4
56
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Commercial Cannabis Survey SurveyMonkey
Attachment 2
Q6 Do you personally use cannabis for adult recreational use?
Yes, regutarly
Rarely/
occasionally
No, Never
No comment
iiswered: 5C Skipped: 0
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
ANSWER CHOICES
Yes, regularly
Rarely/ occasionally
No, Never
No comment
TOTAL
RESPONSES
19.64%
21.43%
53.57%
5.36%
11
12
30
3
56
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Commercial Cannabis Survey SurveyMonkey
Attachment 2
Q7 In general, do you support or oppose allowing cannabis businesses in
National City?
Strongly
support
Somewhat
support
Neutral
Somewhat
opposed
Strongly
opposed
Answered: 56 Skipped: 0
0% 10% 200/0 30% 40% 50% 600/0 700/0 80% 90% 100%
ANSWER CHOICES
Strongly support
Somewhat support
Neutral
Somewhat opposed
Strongly opposed
TOTAL
RESPONSES
55.36%
14.29%
3.57%
3.57%
23.21%
31
8
2
2
13
56
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7/27
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Commercial Cannabis Survey SurveyMonkey
Attachment 2
Q8 I am informed about the City Council direction on September 17th for
staff to draft an ordinance to permit up to 3 cannabis businesses in the
industrial zones.
Strongly agree
Somewhat agree
Neutral
Somewhat
disagree
Strongly
disagree
Answered: 56 Skipped: 0
Mk..
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
ANSWER CHOICES
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree
TOTAL
RESPONSES
37.50%
28.57%
5.36%
10.71%
17.86%
21
16
3
6
10
56
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8/27
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Commercial Cannabis Survey SurveyMonkey
Attachment 2
Q9 I am informed about the City's Commercial Cannabis Community
Forum on October 22.
Strongly
support
Somewhat
support
Neutral
Somewhat
opposed
Strongly
opposed
Answered: 55 Skipped: 1
0% 10% 20% 30% 40% 50% 600/0 700/0 80% 90% 100%
ANSWER CHOICES
Strongly support
Somewhat support
Neutral
Somewhat opposed
Strongly opposed
TOTAL
RESPONSES
41.82%
18.18%
25.45%
1.82%
12.73%
23
10
14
1
7
55
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Commercial Cannabis Survey SurveyMonkey
Attachment 2
Q10 Based on the above information, how strongly would you support or
oppose allowing the following type of cannabis business in the City's
Industrial Zone: Indoor cannabis cultivation businesses
Strongly
support
Somewhat
support
Neutral
Somewhat
opposed
Strongly
opposed
Answered: 56 Skipped: 0
0% 10% 20% 30% 40% 50% 60% 7 0 % 80% 90% 100%
ANSWER CHOICES RESPONSES
Strongly support
Somewhat support
Neutral
Somewhat opposed
Strongly opposed
53.57%
12.50%
3.57%
5.36%
25.00%
30
7
2
3
14
TOTAL 56
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10/27
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Commercial Cannabis Survey SurveyMonkey
Attachment 2
Q11 Based on the above information, how strongly would you support or
oppose allowing the following type of cannabis business in the City's
Industrial Zone: Cannabis manufacturing businesses
Strongly
support
Somewhat
support
Neutral
Somewhat
opposed
Strongly
opposed
Answered: 56 Skipped: 0
0% 10% 20% 30% 40% 50% 60% 7 0 % 80% 90% 100%
ANSWER CHOICES
Strongly support
Somewhat support
Neutral
Somewhat opposed
Strongly opposed
TOTAL
RESPONSES
55.36%
12.50%
1.79%
5.36%
25.00%
31
7
1
3
14
56
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Commercial Cannabis Survey SurveyMonkey
Attachment 2
Q12 Based on the above information, how strongly would you support or
oppose allowing the following type of cannabis business in the City's
Industrial Zone: Cannabis distribution businesses
Strongly
support
Somewhat
support
Neutral
Somewhat
opposed
Strongly
opposed
Answered: 56 Skipped: 0
Mk
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
ANSWER CHOICES
Strongly support
Somewhat support
Neutral
Somewhat opposed
Strongly opposed
RESPONSES
55.36%
16.07%
0.00%
3.57%
25.00%
31
9
0
2
14
TOTAL 56
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Commercial Cannabis Survey SurveyMonkey
Attachment 2
Q13 Based on the above information, how strongly would you support or
oppose allowing the following type of cannabis business in the City's
Industrial Zone: Cannabis testing laboratories
Strongly
support
Somewhat
support
Neutral
Somewhat
opposed
Strongly
opposed
Answered: 56 Skipped: 0
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
ANSWER CHOICES
Strongly support
Somewhat support
Neutral
Somewhat opposed
Strongly opposed
RESPONSES
58.93%
12.50%
7.14%
0.00%
21.43%
33
7
4
0
12
TOTAL 56
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Commercial Cannabis Survey SurveyMonkey
Attachment 2
Q14 Based on the above information, how strongly would you support or
oppose allowing the following type of cannabis business in the City's
Industrial Zone: Cannabis retailers as an accessory use to other
commercial cannabis activities
Strongly
support
Somewhat
support
Neutral
Somewhat
opposed
Strongly
opposed
[ I
Answered: 56 Skipped: 0
0% 10% 20% 30% 40% 500/0 60% 70% 80% 90% 100%
ANSWER CHOICES RESPONSES
Strongly support
Somewhat support
Neutral
Somewhat opposed
Strongly opposed
48.21%
8.93%
7.14%
10.71%
25.00%
27
5
4
6
14
TOTAL 56
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Commercial Cannabis Survey SurveyMonkey
Attachment 2
Q15 I am concerned about traffic impacts from cannabis businesses in the
Industrial Zones
Strongly agree
Somewhat agree
Neutral
Somewhat
disagree
Strongly
disagree
Answered: 56 Skipped: 0
J
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
ANSWER CHOICES
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree
TOTAL
RESPONSES
14.29%
12.50%
25.00%
14.29%
33.93%
8
7
14
8
19
56
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15/27
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Commercial Cannabis Survey SurveyMonkey
Attachment 2
Q16 I am concerned about environmental impacts from cannabis
businesses in the Industrial Zones
Strongly agree
Somewhat agree.
Neutral
Answered: 55 Skipped: 1
1
Somewhat
disagree
Strongly
disagree
0% 10% 20% 30% 40% 50% 60% 70°A, 80% 90% 100%
ANSWER CHOICES
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree
TOTAL
RESPONSES
20.00%
7.27%
23.64%
18.18%
30.91%
11
4
13
10
17
55
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Commercial Cannabis Survey SurveyMonkey
Attachment 2
Q17 I am concerned about public safety impacts from cannabis
businesses in the Industrial Zones
Strongly agree
Somewhat agree
Neutral
Somewhat
disagree
Strongly
disagree
Answered: 56 Skipped: 0
M.
IIM
0% 10% 20% 30% 40% 50% 60% 70°A, 80% 90% 100%
ANSWER CHOICES RESPONSES
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree
30.36%
8.93%
14.29%
16.07%
30.36%
17
5
8
9
17
TOTAL 56
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Commercial Cannabis Survey SurveyMonkey
Attachment 2
Q18 I am concerned about impacts on youth from cannabis businesses in
the Industrial Zones
Strongly agree
Somewhat'
disagree
Neutral
Somewhat
disagree
Strongly
disagree
lin
Answered: 56 Skipped: 0
0% 10% 20% 30% 40% 50% 60% 70°A, 80% 90% 100%
ANSWER CHOICES RESPONSES
Strongly agree
Somewhat disagree
N eutral
Somewhat disagree
Strongly disagree
39.29%
3.57%
16.07%
12.50%
28.57%
22
2
9
7
16
TOTAL 56
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Commercial Cannabis Survey SurveyMonkey
Attachment 2
Q19 I am concerned about noise and odor impacts from cannabis
businesses in the Industrial Zones
Strongly agree
Somewhat agree.
Neutral
Answered: 56 Skipped: 0
Somewhat
disagree
Strongly
disagree
EiF
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
ANSWER CHOICES
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree
TOTAL
RESPONSES
21.43%
7.14%
12.50%
23.21%
35.71%
12
4
7
13
20
56
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Commercial Cannabis Survey SurveyMonkey
Attachment 2
Q20 Community benefit fees should fund drug prevention, awareness and
treatment programs
Highest
priority
High priority
Medium priority
Low priority
Lowest priority,
Answered: 56 Skipped: 0
0% 10% 20% 30% 40% 50% 600/0 70% 80% 90% 100%
ANSWER CHOICES RESPONSES
Highest priority
High priority
Medium priority
Low priority
Lowest priority
23.21%
26.79%
39.29%
5.36%
5.36%
13
15
22
3
3
TOTAL 56
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Commercial Cannabis Survey SurveyMonkey
Attachment 2
Q21 Community benefit fees should fund schools and educational
programs
Highest
priority
High priority
Medium priority
Low priority
Lowest priority.
Answered: 56 Skipped: 0
r1
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
ANSWER CHOICES
Highest priority
High priority
Medium priority
Low priority
Lowest priority
TOTAL
RESPONSES
48.21%
21.43%
17.86%
5.36%
7.14%
27
12
10
3
4
56
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Commercial Cannabis Survey SurveyMonkey
Attachment 2
Q22 Community benefit fees should fund public health, safety and law
enforcement
Highest
priority
High priority
Medium priority
Low priority
Answered: 56 Skipped: 0
MAMI
Lowest 1
priority
0% 10% 20% 30% 40% 50% 60% 70°A, 80% 90% 100%
ANSWER CHOICES
Highest priority
High priority
Medium priority
Low priority
Lowest priority
TOTAL
RESPONSES
30.36%
33.93%
26.79%
5.36%
3.57%
17
19
15
3
2
56
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Commercial Cannabis Survey SurveyMonkey
Attachment 2
Q23 Community benefit fees should fund parks, open space and
environmental programs
Highest
priority
High priority ■
Medium priority
Low priority
Lowest priority,
Answered: 55 Skipped: 1
0% 10% 20% 30% 40% 50% 600/0 70% 80% 90% 100%
ANSWER CHOICES
Highest priority
High priority
Medium priority
Low priority
Lowest priority
TOTAL
RESPONSES
34.55%
18.18%
23.64%
18.18%
5.45%
19
10
13
10
3
55
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Commercial Cannabis Survey SurveyMonkey
Attachment 2
Q24 Community benefit fees should fund the arts, community programs
and special events
Highest
priority
High priority
Medium priority
Low priority
Lowest
priority
Answered: 56 Skipped: 0
0% 10% 20% 30% 40% 50% 600/0 70% 80% 90% 100%
ANSWER CHOICES
Highest priority
High priority
Medium priority
Low priority
Lowest priority
TOTAL
RESPONSES
28.57%
19.64%
19.64%
17.86%
14.29%
16
11
11
10
8
56
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Commercial Cannabis Survey SurveyMonkey
Attachment 2
Q25 Community benefit fees should fund road improvements and
bike/pedestrian infrastructure
Highest
priority
High priority
Medium
priority
Low priority
Lowest
priority
Answered: 56 Skipped: 0
7
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
ANSWER CHOICES
Highest priority
High priority
Medium priority
Low priority
Lowest priority
TOTAL
RESPONSES
17.86%
19.64%
35.71%
17.86%
8.93%
10
11
20
10
5
56
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Commercial Cannabis Survey SurveyMonkey
Attachment 2
Q26 Community benefit fees should fund affordable housing or programs
for the homeless
Highest
priority
High priority
Medium
priority
Low priority
Lowest
priority
Answered: 55 Skipped: 1
Eml
1
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
ANSWER CHOICES
Highest priority
High priority
Medium priority
Low priority
Lowest priority
TOTAL
RESPONSES
21.82%
21.82%
30.91%
10.91%
14.55%
12
12
17
6
8
55
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Commercial Cannabis Survey SurveyMonkey
Attachment 2
Q27 Please provide any additional comments you may have.
Answered: 29 Skipped: 27
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HdI�'
COMPANIES
Delivering Revenue, Insight
and Efficiency to Local Government
Fiscal Analysis of the
Commercial Cannabis Industry
Prepared for
the
City of National City
December 13th, 2019
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Table of Contents
I. Introduction Page 3
II. The Cannabis Industry in the National City/San Diego Region Page 7
III. Common Cannabis Tax Rates Page 9
IV. Cannabis Manufacturers Page 11
V. Cannabis Distributors Page 12
VI. Cannabis Cultivation Page 13
VII. Cannabis Testing Laboratories Page 15
VIII. Cannabis Retailers Page 16
IX. Appendix Page 18
a. Legal and Regulatory Background for California Page 19
b. State Tax Considerations Page 22
c. General Economic Impacts Page 24
d. References Page 26
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Summary and Recommendations
National City is proposing to allow just three cannabis businesses, without specifying what types they may
be. HdL anticipates that the limited number of licenses available would tend to attract businesses that
conduct more than one type of commercial cannabis activity at a single location, most likely including
retail as a component of their operation. This may or may not include cannabis microbusinessesl.
HdL recommends that the City establish a community benefits fee with a rate between 2.5% and 5% of
gross receipts for all cannabis businesses, regardless of type. This range would be slightly higher than the
standard tax rates HdL commonly recommends for some types of businesses but would be somewhat
lower for others. Applying a single rate to all cannabis business activities provides for a simplified tax or
fee structure for businesses conducting more than one type of licensed activity. This is discussed in
Section III; Common Cannabis Tax Rates.
We have provided revenue estimates using rates of 2.5%, 4.0% and 5.0%, based upon three different
scenarios. These scenarios indicate a range of potential revenues from $275,000 up to $1,050,000. These
scenarios are presented and discussed below.
Scenario 1 shows the potential revenues that could be generated from one of each type of commercial
cannabis business'. This model assumes that one of the three permitted business would operate two
different activities. The most probable combination here is that either the cultivator or the manufacturer
would also hold a distribution license. Under this scenario, a community benefits fee with a rate of 2.5%
would generate $275,000 in annual revenue for the City. A rate of 40% would generate $440,000, and a
rate of 5.0% would generate $550,000 in annual revenue. These revenues are shown in Figure 1, below.
Figure 1:
Summary Revenue Estimate; Scenario 1
Business Type
Number of
Operations
Avg Gross
Receipts
Total Gross
Receipts
Revenue @
2.5% Tax Rate
Revenue @
4.0% Tax Rate
Revenue @
5.0% Tax Rate
Cultivation
1
$5,000,000
$5,000,000
$125,000
$200,000
$250,000
Manufacturing
1
$2,000,000
$2,000,000
$50,000
$80,000
$100,000
Distribution
1
$2,000,000
$2,000,000
$50,000
$80,000
$100,000
Retailer
1
$2,000,000
$2,000,000
$50,000
$80,000
$100,000
TOTAL BUSINESSES
3
$11,000,000
$275,000
$440,000
$550,000
Scenario 2 shows the revenues that could be generated by 2 cultivation operations, 2 retailers, 1
manufacturer and 1 distributor. Because we have estimated the same average gross receipts for both
manufacturers and distributors, this scenario could also show the amount of revenue that would be
1 Microbusinesses may conduct three or more types of cannabis business activities under a single State license,
provide that cultivation is limited to no more than 10,000 square feet of canopy. Other licensees may also conduct
multiple types of activities under one business entity, but each activity must be separately licensed.
2 We have not included cannabis testing laboratories in our estimates as we believe the City is unlikely to attract
any of these businesses. The reasoning behind this is explained in Section VII; Cannabis Testing Laboratories.
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generated by 2 cultivators, 2 retailers, and either 2 manufacturers or 2 distributors. Applying the
recommended community benefits fee with a rate of 2.5% would generate $425,000 in annual revenue
for the City. A rate of 4.0% would generate $680,000 in annual revenue, and a rate of 5.0% would generate
$850,000. These revenues are shown in Figure 2.
Figure 2:
Summary Revenue Estimate; Scenario 2
Business Type
Number of
Operations
Avg Gross
Receipts
Total Gross
Receipts
Revenue @
2.5% Tax Rate
Revenue @
4.0% Tax Rate
Revenue @
5.0% Tax Rate
Cultivation
2
$5,000,000
$10,000,000
$250,000
$400,000
$500,000
Manufacturing
1
$2,000,000
$2,000,000
$50,000
$80,000
$100,000
Distribution
1
$2,000,000
$2,000,000
$50,000
$80,000
$100,000
Retailer
2
$1,500,000
$3,000,000
$75,000
$120,000
$150,000
TOTAL BUSINESSES
3
$17,000,000
$425,000
$680,000
$850,000
Scenario 3 shows assumes that all three of the available licenses from the City are for microbusinesses,
and that all three of these businesses include a retail component. The model assumes that one of the
microbusinesses would include retail, cultivation and manufacturing, one would include retail, cultivation
and distribution, and one would include retail, manufacturing and distribution. The gross receipts for
each licensed activity is listed separately. Under this scenario, a community benefits fee at a rate of 2.5%
would generate $525,000, a rate of 4.0% would generate $840,000, and a rate of 5.0% would generate
$1,050,000 in annual revenue for the City.
Figure 3:
Summary Revenue Estimate; Scenario 3 1111.
Business Type
Number of
Operations
Avg Gross
Receipts
Total Gross
Receipts
Revenue @
2.5% Tax Rate
Revenue @
4.0% Tax Rate
Revenue @
5.0% Tax Rate
Cultivation
2
$5,000,000
$10,000,000
$250,000
$400,000
$500,000
Manufacturing
2
$2,000,000
$4,000,000
$100,000
$160,000
$200,000
Distribution
2
$2,000,000
$4,000,000
$100,000
$160,000
$200,000
Retailer
3
$1,000,000
$3,000,000
$75,000
$120,000
$150,000
TOTAL BUSINESSES
3
$21,000,000
$525,000
$840,000
$1,050,000
The City has also indicated that it would like to require licensed businesses to commit to a minimum
revenue guarantee as a part of their community benefits fee. HdL expresses no opinion on the concept
of a minimum revenue guarantee but notes that any flat -rate minimum fee would have to be set at a level
that is acceptable and realistic for all business types, including those with lower revenue potential. We
recommend that the minimum revenue guarantee be set at no more than $25,000 per business,
regardless of the number or types of activities they may conduct. At this level, the three licenses proposed
by the City would generate a guaranteed minimum of $75,000 in annual revenue.
Scenario 1 shows that, at a 2.5% rate, manufacturers, distributors and retailers might each generate
around $50,000 in annual revenue (assuming $2 million in gross receipts). Because retailers generally
share the same market and customer base, addition retailers would reduce the market share and gross
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receipts for each one. In our models, having three retailers could potentially reduce the gross receipts for
each one from $2 million down to $1 million, in turn reducing the community benefits revenue from each
one from $50,000 per year down to just $25,000. To require such a business to guarantee that minimum
level of revenue to the City may be unreasonable. However, we anticipate that the limited number of
licenses available would tend to attract businesses that conduct more than one type of commercial
cannabis activity at a single location, thereby increasing their gross receipts and associated revenue
potential to the City.
If the City determines to require a minimum revenue guarantee as a part of each development agreement,
then as a precaution we would encourage the City to include some mechanism to appeal for relief in the
case of demonstrable temporary hardship. Otherwise, the requirement for a suffering business to pay
this minimum amount could contribute to the failure and loss of that business, and its associated revenues
for the City.
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I. The Cannabis Industry in the National City/San Diego Region
The amount of revenue that a city or county may be able to generate from a cannabis business tax (or
comparable fees) depends upon the type, number and size of cannabis businesses that may choose to
locate within the City. Cannabis retailers, cultivators, manufacturers, distributors and testing facilities are
each interdependent upon a network of other cannabis businesses, so understanding the extent of the
industry in the region provides some basis for projecting the types of businesses that may vie for the 3
available licenses in National City.
Our analysis of potential revenue from a community benefits fee assessed on cannabis businesses is based
on data and assumptions about the total size of the local market. The three cannabis licensing agencies
for the State of California (the Bureau of Cannabis Control, the CalCannabis Division of the California
Department of Food and Agriculture, and the Manufactured Cannabis Safety Branch of the California
Department of Public Health) have all been issuing temporary licenses for commercial cannabis businesses
since late December of 2017. In addition, HdL has worked with a number of nearby cities and counties
that are developing or implementing their own cannabis regulatory and taxation programs. This data
provides a wealth of previously unavailable information about the cannabis industry around the State.
For our analysis, we shall assume that wholesale cannabis businesses such as cultivators, manufacturers
and distributors would primarily interact or do business with other cannabis businesses within a one -hour
radius of National City. This would roughly include the cities of San Diego, La Mesa, Escondido, Oceanside
and Vista, along with unincorporated San Diego County. There are 25 distributors, 26 manufacturers, 2
testing laboratories and 37 retailers within this region, along with 8 cultivators and 4 microbusinesses.
Combined, there are 102 active cannabis business licenses in all of San Diego County. These numbers are
shown below in Figure 3.
Figure 3:
Active Licenses in Nearby Communities
City/County
Cultivation
Distributor
Manufacturer
Retailer
Microbusiness
Testing
Laboratory
Total
Oceanside
5
3
4
2
0
0
14
Vista
0
0
0
5
0
0
5
Escondido
0
0
0
1
0
0
1
San Diego
2
20
19
17
1
2
61
San Diego County
1
1
0
2
1
0
5
La Mesa
0
1
3
10
0
0
14
El Cajon
0
0
0
0
1
0
1
Ramona
0
0
0
0
1
0
1
Total
8
25
26
37
4
2
102
Moving further out, we find a robust cannabis industry throughout Southern California. There are
currently 89 State -licensed cannabis businesses in neighboring Orange County. Riverside County has 316,
San Bernardino has 139, and Imperial County has 12. Los Angeles County has 993 State -licensed cannabis
businesses. Combined, there are 1,651 licensed cannabis businesses in this 6-county region, the vast
majority of which are within 2 hours of National City. Numerous cities and counties within this region are
currently in the process of permitting additional cannabis businesses or developing regulatory policies
that will allow them to do so in the near future.
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We anticipate that the number of licensed cannabis businesses' in the Southern California region and the
number of jurisdictions allowing and permitting them will continue to increase substantially over time. As
this occurs, we would expect the decisions as to where these businesses choose to locate will be
increasingly driven by the same market -based factors that influence such decisions for other types of
businesses, including access to markets and consumers, available and appropriate industrial or
commercial space, competitive lease rates, a ready talent pool, and a network of supporting businesses
and industries. Differences in regulations and taxes (within reason) will cease to be the overarching
consideration.
The high number of licensed cannabis businesses within the greater Southern California region suggests
that there is already a large and diverse industry cluster that can both support and provide competition
for additional cannabis businesses. Cultivators, manufacturers and distributors in National City would
have plenty of options for who to work with in bringing their products to market, and retailers would have
lots of options for regionally -sourced products to place on their shelves.
3 The numbers here represent only those licenses listed as "Active" by the three State licensing agencies. The
number of State licenses and local licenses or permits may not be the same for a variety of reasons. The three State
licensing agencies separately license each individual commercial cannabis activity (except for microbusinesses which
may conduct three or more activities under one license). This may or may not be the case for local jurisdictions,
which may instead permit a single business to conduct multiple activities from a single location. For cultivators, we
have here listed the number of separate businesses, rather than the number of licenses, as it is very common for a
cultivator to hold multiple licenses from the State.
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II. Common Cannabis Tax Rates
Cannabis tax rates have been settling and stabilizing around the State since the beginning of 2018. Many
cities instituted cannabis taxes prior to the implementation of statewide regulations, with a wide range
of tax structures and rates as high as $30 per square foot (for cultivation) or 18% of gross receipts. Some
of these "early adopter" cities have since reduced their rates to be more competitive with common rates
that are now emerging around the State.
The State of California applies two separate taxes to cannabis: a cultivation tax of $9.25 per ounce of dried
flower ($2.75 per ounce of dried leaf or trim and an excise tax of 15% on the purchase of cannabis and
cannabis products. These two separate State taxes can add up to 26% to consumer cannabis prices, even
before any local taxes are contemplated. This leaves very little room for local jurisdictions to work within
if they wish to remain under the total cumulative tax rate of 30%. This is an important benchmark to allow
the local industry to compete against the illicit market and against other regulated cannabis businesses
from around the State (see Attachment C; State Tax Considerations).
The City Council has provided direction to develop a revenue mechanism using community benefits fees
as a component of a required development agreement for any cannabis businesses. This fee would be
keyed to the gross receipts of the business, so as to provide revenues that are consistent with a
comparable cannabis tax, and therefore competitive with the tax rates in other nearby jurisdictions. The
City also desires that the community benefits fee should provide a guaranteed minimum amount of
revenue from each business.
HdL has worked with numerous local agencies around the State to develop cannabis tax measures for the
ballot. The initial range of tax rates for cannabis businesses other than cultivation commonly runs from
2% of gross receipts for distributors, to 2.5% for manufacturers, and up to 4% for retailers. These rates
may be adjusted up to a maximum of 3%, 4% and 6%, respectively. The most common tax rates that HdL
recommends to our clients are shown in Figure 4, below.
Figure 4:
Commonly Recommended Rates for Various Cannabis Business Types
Cannabis Business Type
Initial Rate
Maximum Rate
Cultivation (indoors)
$7 per square foot
$10 per square foot
Manufacturing
2.5% of gross receipts
4% of gross receipts
Distribution
2% of gross receipts
3% of gross receipts
Retail
4% of gross receipts
6% of gross receipts
Testing
1% of gross receipts
2.5% of gross receipts
The tax or fee rates shown are commonly applied when a jurisdiction has specified the number of licenses
or permits they will be issuing for each type of business. For example, if a city determined that it would
issue 4 licenses for cultivation, 4 for manufacturing, 4 for distribution and 2 for retail, then the anticipated
tax revenue for that city would be a function of applying the specified rates above to the number and
anticipated gross receipts (or square footage) for each type of cannabis business. Though the
performance and actual gross receipts of each business would vary, the general range of revenues would
be somewhat predictable, allowing the city to budget accordingly.
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However, National City is currently proposing to allow just three cannabis businesses, without specifying
what types they may be. Because of this, the different rates above could produce significant variations in
the amount of revenue generated for the City, depending on the types of businesses receiving those 3
licenses. For example, 2 retailers and 1 manufacturer might generate as much as $170,000 for the City,
while 2 distributors and 1 testing laboratory might generate as little as $70,000.
Because of this, HdL recommends that the City apply a uniform rate for all potential cannabis businesses,
so that revenues will be reasonably consistent regardless of the types of businesses receiving the three
available licenses. We recommend the City consider a range of 2.5% to 5.0% of gross receipts for all
cannabis businesses, regardless of type. This range would be slightly higher than the standard rates shown
above for some types of businesses but would be somewhat lower for others.
In addition, HdL anticipates that the limited number of licenses available would tend to attract businesses
that conduct more than one type of commercial cannabis activity at a single location, most likely including
retail as a component of their operation. This may or may not include cannabis microbusinesses, which
may conduct at least three types of licensed cannabis business activities under a single State license,
provide that any cultivation is limited to no more than 10,000 square feet of canopy. Applying a single
rate to all cannabis business activities provides for a simplified tax or fee structure for businesses
conducting more than one type of licensed activity.
Figure 5:
HdL Recommended Rates for National City
Cannabis Business Type
Conservative Rate
Moderate Rate
Aggressive Rate
Cultivation (indoors)
2.5% of gross receipts
4% of gross receipts
5% of gross receipts
Manufacturing
2.5% of gross receipts
4% of gross receipts
5% of gross receipts
Distribution
2.5% of gross receipts
4% of gross receipts
5% of gross receipts
Retail
2.5% of gross receipts
4% of gross receipts
5% of gross receipts
Testing
2.5% of gross receipts
4% of gross receipts
5% of gross receipts
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III. Cannabis Manufacturers
The manufacturing sector is still evolving and expanding, which presents significant opportunities for
innovation, business development and job growth. The range of products being produced includes an
ever-increasing variety of edibles such as candies, cookies, dressings, and infused (non-alcoholic) drinks.
Manufacturers may produce their own extract on site, or they may buy extract from other Type 6 or Type
7 licensees. Much like any other industry, cannabis manufacturers often depend upon other businesses
to supply them with the various materials or components that go into their final product. These suppliers
do not have to be located in or even near the same jurisdiction as the final manufacturer, and may be
located anywhere throughout the state.
Some manufacturers may handle all steps from extraction to packaging the end product in the form of
vape pens or other such devices. Others may handle only discreet steps, such as making the raw cannabis
concentrate, which is then sold either directly to retailers or to a Type N manufacturer who will package
it into vapor cartridges or other end consumer products. Manufacturers also produce a wide variety of
tinctures, as well as topicals such as cannabis infused lotions, salves, sprays, balms, and oils.
As of July 30`", 2019, the Manufactured Cannabis Safety Branch (MCSB) of the California Department of
Public Health shows 871 cannabis manufacturing licenses statewide, held by 841 separate companies. Of
these, 464 are for non-volatile extraction, 243 are for volatile extraction, 123 are for non -extraction
manufacturing, 25 are for packaging and labeling, and 16 are for manufacturers using shared -use facilities.
In its regulatory impact statement, the MCSB estimated that 1,000 cannabis manufacturing businesses in
California would employ around 4,140 people, for an average of 4 jobs per manufacturer. HdL believes
this average is on the low side, as we are aware of individual manufacturers which have over 100
employees. While this figure is clearly an outlier, it demonstrates that cannabis manufacturers have the
potential to far exceed the MCSB's estimate.
HdL has reviewed pro-formas for numerous cannabis manufacturers seeking permits in counties and cities
throughout California. From our review we have seen a range of gross receipts from around $1 million
to well over $20 million, with an average in the range of $2 million to $3 million. For National City, we
anticipate that cannabis manufacturers would likely tend towards the lower side of this range.
We have provided three scenarios to estimate the potential revenue that could be generated from a fee
in the range of 2.5% to 5.0% applied to 1, 2 or 3 manufacturers, with a conservative average of $2.0 million
each. We anticipate that the revenues that could be generated from 2 manufacturers ranges from
$100,000 to $200,000 per year.
Figure 5:
Cannabis Manufacturers; HdL Recommended Rates
Type 6/7/N/P
Manufacturer
# of Licenses
Avg Gross
Receipts
Total Gross
Receipts
Revenue @
2.5% Tax Rate
Revenue @
4.0% Tax Rate
Revenue @
5.0% Tax Rate
Scenario 1
1
$2,000,000
$2,000,000
$50,000
$80,000
$100,000
Scenario 2
2
$2,000,000
$4,000,000
$100,000,
$160,000
$200,000
Scenario 3
3
$2,000,000
$6,000,000
$150,000
$240,000
$300,000
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IV. Cannabis Distributors
Perhaps more than any other part of the cannabis supply chain, distributors are greatly dependent upon
the number and variety of other cannabis business types within their service area. Essentially, distributors
need a certain "critical mass" of other cannabis businesses for them to serve. Because of this, distributors
tend to be located in cities or regions which have a large base of cultivation or manufacturing, as well as
a large surrounding customer base.
As a very general figure, the number of cannabis distributors statewide is roughly 1/4 of the number of all
other cannabis licenses, combined, or 1 distributor for every 4 other cannabis businesses. In addition,
virtually all (260 out of 262) licensed microbusinesses in California include distribution as one of their
licensed activities. We can reasonably extrapolate from this to assume that a similar ratio of distributors
to other businesses is necessary within any defined region.
The business model for distributors is based on a percentage markup on the price paid to their suppliers.
This markup commonly averages 20% to 30%, though this depends upon the actual services being
provided. However, it is important to note that the distributor category may include a variety of services,
not all of which are provided by all licensed distributors. Just under 11% of distributors hold Type 13
licenses that allow self -distribution or transport only. A distributor which is only buying and reselling
cannabis at wholesale may make as little as 10% on a transaction, while a distributor which is purchasing
raw flower and packaging it as pre -rolls for retail sale may make 50% or more on such a value-added
transaction.
Distributors may have annual revenues ranging from less than $1 million to over $70 million. The vast
majority of distributors would fall at the lower end of that range, with those at the high end qualifying as
outliers. While there is not yet an abundance of data to determine the average gross receipts for
distributors, HdL has reviewed a number of pro -formal for distributors seeking licenses in other
jurisdictions. These indicate anticipated gross receipts commonly in the range of $2 million to $3 million
per year, with an average of $2.5 million. HdL anticipates that distributors in National City would tend
towards the lower end of that range, with an average of $2 million in gross receipts.
We have provided three scenarios to estimate the potential revenue that could be generated from a fee
in the range of 2.5% to 5.0% applied to 1, 2 or 3 distributors, with a conservative average of $2.0 million
in gross receipts. Under these scenarios, a community benefits fee of 2.5% of could generate between
$50,000 and $150,000 in annual revenue for the City, depending upon the number of distributors, and a
rate of 4.0% could generate between $80,000 and $240,000. A rate of 5.0% could generate between
$100,000 and $300,000. These numbers are shown in Figure 7, below.
Figure 7:
Cannabis Distributors; HdL Recommended Rates
Distributors
# of Licenses
Avg Gross
Receipts
Total Gross
Receipts
Revenue @
2.5% Tax Rate
Revenue @
4.0% Tax Rate
Revenue @
5.0% Tax Rate
Scenario 1
1
$2,000,000
$2,000,000
$50,000
$80,000
$100,000
Scenario 2
2
$2,000,000
$4,000,000
$100,000
$160,000
$200,000
Scenario 3
3
$2,000,000
$6,000,000
$150,000
$240,000
$300,000
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V. Cultivation
The CalCannabis Division of the California Department of Food and Agriculture has been issuing temporary
cultivation licenses since January 1, 2018. As of October 11th, CalCannabis shows 3,637 active cultivation
licenses statewide, held by 1,756 distinct businesses comprising 647 acres of cultivation which are
conservatively estimated to be capable of producing over 6 million pounds of cannabis per year. This is
more than double the estimated 2.5 million pounds per year consumed by all Californians, combined.
The cannabis cultivation market in California has already far exceeded its saturation point, which suggests
that there is not enough room for those growers already licensed, much less new entrants into the market.
Entry into this highly competitive marketplace can be filled with risk, and requires ample capitalization
and a clear branding and marketing strategy to win shelf space.
As discussed in Section III; Common Cannabis Tax Rates, HdL commonly recommends that cannabis
cultivation be taxed per square foot, rather than by gross receipts. However, due to the limited number
of licenses the City will be allowing, we anticipate that these businesses will likely conduct more than one
type of permitted activity from a single location. For vertically -integrated businesses such as this, we
recommend that the City's community benefits fee provide a single rate for all cannabis business types,
based on gross receipts.
Determining an equivalent rate between a fee based on square footage and one based on gross receipts
can be accomplished using a few basic assumptions. In Figure 7 we have projected the amount of cannabis
that can be produced from a typical 10,000 square foot indoor cultivation facility. We have assumed that
the facility will achieve four harvest cycles per year, which is fairly standard (though many operators are
able to achieve more). Yield is assumed to average one pound of cannabis flower for every 8 square feet
of cultivation area. Using this figure, a 10,000 square foot cultivation facility operating 4 cycles would
produce around 5,000 pounds of cannabis per year.
The wholesale price per pound is conservatively assumed to be $1,000. This figure is somewhat lower
than the current average for indoor -grown cannabis, but there is still great variability in the market and,
over the long term we anticipate that wholesale prices for raw cannabis will continue to decline. Applying
this figure, our 10,000 square foot facility would generate $5 million in gross receipts.
Figure 11 (below) shows the equivalent rates for square footage, gross receipts and yield (per -pound),
based on these assumptions. A rate of 2.5% would be equivalent to a rate of $12.50 per square foot. A
rate of 4.0% would be equivalent to $20.00 per square foot, and a rate of 5.0% would be equivalent to
$25.00 per square foot.
Figure 11:
Cultivation Tax Rate Convertor; Proposed Gross Receipts Rates
Cultivation
Type
Harvest
Cycles
/Year
Sample
Area
{sq ft)
Yield @
1 lb/8 sf
/cycle
Price per
pound
Gross
Receipts
Tax Rate
% Gross
Receipts
Total
Annual
Tax Paid
Tax Rate
per Pound
Tax Rate
per SF
Indoors
4
10,000
5,000
$1,000
$5,000,000
2.50%
$125,000
$25.00
$12.50
Indoors
4
10,000
5,000
$1,000
$5,000,000
4.00%
$200,000
$40.00
$20.00
Indoors
4
10,000
5,000
$1,000
$5,000,000
5.00%
$250,000
$50.00
$25.00
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These conversion rates are significantly higher than the $7.00 to $10.00 per square foot range that we
commonly recommend for indoor cultivation. However, in this case we believe these rates are justified
by the limited availability of permits and the high likelihood that any cultivation would be part of a
vertically -integrated business which would sell a substantial portion of its product at retail prices, rather
than wholesale, or as value-added manufactured products.
We have provided 3 scenarios, assuming 1, 2 or 3 cultivation sites with up to 10,000 square feet of canopy
each. Under these scenarios, applying a community benefits fee of 2.5% of gross receipts would generate
between $125,000 and $375,000 in annual revenue for the City. A fee of 4.0% would generate between
$200,000 and $600,000, and a fee of 5.0% would generate between $250,000 and $750,000. These
estimates are shown in Figure 9, below.
Figure 9:
Cannabis Cultivation; HdL Recommended Rates
Cultivation Type
# of Sites
Average
Square Feet
Total Gross
Receipts
Revenue @
2.5% Tax Rate
Revenue @
4.0% Tax Rate
Revenue @
5.0% Tax Rate
Indoor
1
10,000
$5,000,000
$125,000 $200,000
$250,000, $400,000,
$250,000
$500,000
Indoor
2
10,000
$10,000,000
Indoor
3
10,000
$15,000,000
$375,000, $600,000
$750,000
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V. Testing Laboratories
California law requires that all dried cannabis flower or leaf must be tested for tetrahydrocannabinol (THC)
and cannabidiol (CBD) content, contaminants, impurities and other factors before it can be sold to a
manufacturer, distributor, dispensary or end user. The cost of this mandated testing and the loss of
product for a testing sample can add around 0.7% to the wholesale cost.
The Bureau of Cannabis Control shows only 29 active licenses for testing laboratories in all of California, 3
of which are in the City of San Diego. 6 more facilities are within roughly an hour of the City. This high
concentration of testing facilities suggests that the local cannabis industry is already well -served, so that
additional facilities may not be needed. Virtually all of the cannabis businesses that would be served by
a testing laboratory in National City would come from the north and would have to pass by numerous
closer facilities to get their product to the lab. Because of this, we believe it is highly unlikely that National
City would attract any additional testing facilities.
Testing is an independent, semi -regulatory function mandated by the State to protect consumer health
and safety, and which amounts to a State -imposed cost on the product. HdL is not aware of any similar
testing of agricultural products that is subject to a separate tax on top of the cost of mandated testing.
More commonly, the costs for similar services for other agricultural products may be subsidized by the
USDA or other sources that are not available to cannabis farmers.
Tax (or fee) rates for cannabis testing laboratories tend to fall between 1% and 2%, in recognition of the
quasi -regulatory function they provide. Some jurisdictions choose to not apply any tax to testing
laboratories, in recognition of the semi -regulatory function they serve. The recommended rates of 2.5%
to 5% are well above the common range for cannabis testing facilities and would likely serve as a powerful
disincentive for any testing facilities seeking to locate in the City. Were the City to provide a lower fee
rate for testing laboratories, it would effectively be giving up higher potential revenues from some other
potential use of one of the 3 limited permits.
For these reasons, we believe it is highly unlikely that the City would succeed in attracting any cannabis
testing laboratories.
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VI. Cannabis Retailers
Retailers are the only cannabis business type that specifically serves the local community, rather than
feeding into the statewide market, and so the number of retailers can be assumed to be somewhat
proportional to the local population. Cannabis retailers address a local market demand which is generally
assumed to exist within a given community regardless of whether there is any legal access. Consumer
demand for cannabis is assumed to generally be a constant, regardless of its legal status or the availability
of retailers, and so it's reasonable to expect that more retailers would mean fewer customers for each
and, thus, lower gross receipts.
It is anticipated that providing greater access to retailers would initially facilitate a shift in cannabis
purchases happening through legal, regulated means rather than through the illicit market. Eventually,
though, the local cannabis market will reach saturation, at which point new cannabis retailers will simply
cannibalize sales from existing retailers. Essentially, both licensed and unlicensed cannabis retailers all
divide the same pie. The taxable amount of gross sales will likely plateau at some point, regardless of the
number of retailers.
Under California's regulatory program, it is anticipated that consumers will have little reason to purchase
cannabis in the medical segment rather than buying in the adult use segment. Both medical and adult
use cannabis will pay the State cultivation tax and excise tax, with the only advantage being an exemption
from regular sales tax for qualifying patients with a State -issued identification card. Currently there are
only 6,172 such cardholders in California, and just 436 cards were issued in all of San Diego County in FY
2017/2018'. Eligibility for this limited sales tax exemption will cost consumers approximately $100 per
year, plus time and inconvenience, for a savings of 8.75% in National City. It's anticipated that this will
provide no price advantage for the majority of cannabis consumers"
The Bureau of Cannabis Control projects that more than half of the adult use purchases currently in the
illicit market will transition to the legal market to avoid the inconvenience, stigma and risks of buying
unknown product through an unlicensed seller'" Essentially, the easier, cheaper and more reliable it is
for consumers to access quality cannabis legally, the less reason they will have to purchase it through the
illicit market. That same study projects that 60% of those currently in the legal, medical cannabis market
will shift to the adult use market, for the reasons noted above. The availability of legal adult use cannabis
is also anticipated to produce a small 9.4% increase in consumer demand. It must be noted, though, that
this transition to legal sales is dependent upon the availability of legal access. The majority of cities and
counties in California do not allow or permit cannabis retailers, which has buoyed a persistent black
market.
The shift from medical to adult use sales is not expected to change the overall volume of sales, only the
category into which they fall. Once the legal, adult use market is properly functioning and available
throughout the state, it is anticipated to capture about 61.5% of the overall cannabis market in California.
The legal medical cannabis market is projected to decline to just 9% of the overall market, though this
projection may change due to the increasing popularity of CBD products. The other 29.5% is expected to
remain in the illicit market". The vast majority of retail licenses issued by the Bureau of Cannabis Control
are for retailers who will operate both medical and adult use from the same premises.
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Sales tax is collected at the point of purchase, which allows storefront cannabis retailers to capture sales
tax dollars from outside of their host cities. This applies to cannabis retail taxes, too. Retail studies show
that 93% of consumers are willing to travel 15 to 20 minutes to make most routine purchases", meaning
that storefront retailers in National City may be able to capture sales tax (and cannabis tax) from a much
larger area extending generally from as far away as San Diego, La Mesa, Chula Vista and Imperial Beach.
For purchases made via delivery, however, the point of purchase is considered to be the location where
the goods trade hands. Thus, while storefront retailers may capture voter -approved sales taxes and
community benefits fees from outside of National City, delivery services cannot. Storefront cannabis sales
in National City would collect a total of 2.00% sales tax plus any applicable community benefits fees for
the City, while delivery to addresses outside of the City would only be subject to the base 1.00% sales tax.
Though both storefront and non -storefront retailers would serve the same customer base, the City would
collect a significantly higher amount of revenue from sales made at storefront retail locations than from
those made via delivery to addresses outside of the City.
Estimates of the percentage of the population that uses cannabis on a regular basis vary from around 10%
to 13%"', up to as high as 22%"". This percentage is influenced by social acceptance of cannabis within the
local community. Applying these estimates to the City's population of 60,000 would yield between
roughly 6,000 and 13,000 potential cannabis consumers.
HdL has seen a general range of revenues for cannabis retailers of between $1 million and $4 million,
though some outliers have gross receipts as high as $20 million. Receipts for retailers are directly related
to the size of the market, so more retailers in a city would generally indicate lower gross receipts for each.
Retailers in National City would have to compete for market share with 17 retailers in San Diego and 10
in La Mesa, both of which are within reasonable driving or delivery distance. In addition, retailers would
lose some portion of sales to unlicensed delivery services. The Weedmaps website shows between 30
and 50 unlicensed cannabis delivery services that all appear to deliver to addresses in National City'.
HdL estimates that one retailer in National City would average $2 million in gross receipts, 2 would average
$1.5 million, and 3 would average $1 million. Applying the recommended community benefits fee of 2.5%
of gross receipts to these figures would generate between $50,000 and $75,000 in annual revenue for the
City. A rate of 4.0% would generate between $80,000 and $120,000, and a rate of 5.0% would generate
between $100,000 and $150,000.
Cannabis Retailers
License Type
# of Licenses
Avg Gross
Receipts
Total Gross
Receipts
Revenue @
2.5% Tax Rate
Revenue @
4.0% Tax Rate
Revenue @
5.0% Tax Rate
Retailers
1
$2,000,000
$2,000,000
$50,000
$80,000
$100,000
Retailers
2
$1,500,000
$3,000,000
$75,000
$120,000
$150,000
Retailers
3
$1,000,000
$3,000,000
$75,000
$120,000
$150,000
4 Businesses listed on Weedmaps are often shown multiple times to show multiple locations they will deliver to.
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APPENDIX
a. Legal and Regulatory Background for California Page 19
b. State Tax Considerations Page 22
c. General Economic Impacts Page 24
d. References Page 26
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a. Legal and Regulatory Background for California
The legal and regulatory status of cannabis in the State of California has been continually evolving ever
since the passage of Proposition 215, the Compassionate Use Act of 1996 (CUA), which de -criminalized
the use, possession and cultivation of cannabis for qualifying patients and their primary caregivers when
such use has been recommended by a physician. The CUA did not create any regulatory program to guide
implementation, nor did it provide any guidelines for local jurisdictions to establish their own regulations.
The lack of legal and regulatory certainty for medical marijuana (or cannabis) continued for nearly 20
years, until the passage of the Medical Cannabis Regulation and Safety Act (MCRSA) in October of 2015.
MCRSA created a State licensing program for commercial medical cannabis activities, while allowing
counties and cities to maintain local regulatory authority. MCRSA required that the State would not issue
a license without first receiving authorization by the applicable local jurisdiction.
On November 8, 2016, the voters of the State of California approved Proposition 64, the Adult Use of
Marijuana Act (AUMA), which allows adults 21 years of age or older to legally grow, possess, and use
marijuana for personal, non -medical "adult use" purposes, with certain restrictions. AUMA requires the
State to regulate non -medical marijuana businesses and tax the growing and selling of medical and non-
medical marijuana. Cities and counties may also regulate non -medical marijuana businesses by requiring
them to obtain local permits or restricting where they may be located. Cities and counties may also
completely ban marijuana related businesses if they so choose. However, cities and counties cannot ban
transport of cannabis products through their jurisdictions, nor can they ban delivery of cannabis by
licensed retailers to addresses within their jurisdiction (added later through regulations).
On June 27, 2017, the Legislature enacted SB 94, which repealed MCRSA and incorporated certain
provisions of MCRSA into the licensing provisions of AUMA. These consolidated provisions are now known
as the Medicinal and Adult -Use Cannabis Regulation and Safety Act (MAUCRSA). MAUCRSA revised
references to "marijuana" or "medical marijuana" in existing law to instead refer to "cannabis" or
"medicinal cannabis," respectively. MAUCRSA generally imposes the same requirements on both
commercial medicinal and commercial adult -use cannabis activity, with certain exceptions. MAUCRSA
also made a fundamental change to the local control provisions. Under MCRSA, an applicant could not
obtain a State license until they had a local permit. Under MAUCRSA, an applicant for a State license does
not have to first obtain a local permit, but they cannot be in violation of any local ordinance or regulations.
The State licensing agency shall contact the local jurisdiction to see whether the applicant has a permit or
is in violation of local regulations, but if the local jurisdiction does not respond within 60 days, then the
applicant will be presumed to be in compliance and the State license will be issued.
MAUCRSA authorizes a person to apply for and be issued more than one license only if the licensed
premises are separate and distinct. With the passage of AB 133 in 2017, a person or business may co -
locate multiple license types on the same premises, allowing a cultivator to process, manufacture or
distribute their own product from a single location. This includes the allowance to cultivate, manufacture,
distribute or sell cannabis for both medical and adult use from a single location. Licensees of cannabis
testing operations may not hold any other type of license. However, these allowances are still subject to
local land use authority, so anyone seeking to operate two or more license types from a single location
would be prohibited from doing so unless local regulations allow both within the same zone.
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The table below provides a detailed overview of the license types available under MAUCRSA and state
cannabis regulations:
State License Types Under MAUCRSA
Type
Activity
Description
Details
Licensing
Agency
Notes
1
Cultivation
Outdoor; Specialty, Small
Up to 5,000 sf, or 50 plants on non-
contiguos plots
CDFA
A, B
1A
Cultivation
Indoor; Specialty, Small
501 sf - 5,000 sf
CDFA
A, B
18
Cultivation
Mixed -Light; Specialty, Small
2,501 sf - 5,000 sf
CDFA
A, B
1C
Cultivation
Outdoor/indoor/mixed; Specialty
Cottage, Small
Up to 25 plants outdoor; up to 2,500 sf
mixed light; up to 500 sf indoor
CDFA
A, B
2
Cultivation
Outdoor; Small
5,001 sf - 10,000 sf
CDFA
A, B
2A
Cultivation
Indoor; Small
5,001 sf-10,000 sf
CDFA
A, B
2B
Cultivation
Mixed Light, Small
5,001 sf-10,000 sf
CDFA
A, B
3
Cultivation
Outdoor; Medium
10,001 sf - one acre
CDFA
A, B, C
3A
Cultivation
Indoor; Medium
10,001 sf - 22,000 sf
CDFA
A, B, C
3B
Cultivation
Mixed -Light; Medium
10,001 sf - 22,000 sf
CDFA
A, B, C
4
Cultivation
Nursery
CDFA
A, B
-
Cultivation
Processor
Conducts only trimming, drying, curing,
grading and packaging of cannabis
CDFA
A, B, E
5
Cultivation
Outdoor; Large
Greater than 22,000 sf
CDFA
A, B, D
5A
Cultivation
Indoor; Large
Greater than 22,000 sf
CDFA
A, B, D
5B
Cultivation
Mixed -Light; Large
Greater than 22,000 sf
CDFA
A, B, D
6
Manufacturer 1
Extraction; Non-volatile
Allows infusion, packaging and labeling
OMCS
A, B
7
Manufacturer 2
Extraction; Volatile
Allows infusion, packaging and labeling,
plus non-volatile extraction
OMCS
A, B
N ■
Manufacturer
Infusion for Edibles, Topicals
No extraction allowed
OMCS
A, B, E
P MI
Manufacturer
Packaging and Labeling
No extraction allowed
OMCS
A, B, E
S
Manufacturer
Shared -use manufacturer
Manufacturing in a shared -use facility
OMCS
A, B, E
8
Testing
Shall not hold any other license type
BCC
A
9
Retailer
Non -storefront retail delivery
Retail delivery without a storefront
BCC
A, F
10
Retailer
Retail sale and delivery
BCC
A, B
11
Distributor
BCC
A, B
12
Microbusiness
Cultivation, Manufacturer 1,
Distributor and Retailer
< 10,000 sf of cultivation; must meet
requirements for all license types
BCC
A, B
CDFA
California Department of Food and Agriculture
OMCS
Calfornia Department of Public Health, Office of Manufactured Cannabis Safety
BCC
Bureau of Cannabis Control
A
All license types valid for 12 months and must be renewed annually
B
All license types except Type 8 Testing must be designated "A" (Adult Use), "M" (Medical) or "A/M" (Both)
C
CDFA shall limit the number of licenses allowed of this type
D
No Type 5 licenses shall be issued before January 1, 2023
E
Established through rulemaking process
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AUMA, and its successor MAUCRSA, required three state agencies, the Bureau of Cannabis Control, the
California Department of Food and Agriculture, and the California Department of Public Health, to permit
commercial cannabis licensees and to adopt regulations for the cannabis industry. On January 16, 2019,
all three agencies announced that the State's Office of Administrative Law officially approved the
proposed regulations, which took immediate effect and replaced the emergency regulations that had
been in effect since 2017. The final regulations were largely similar to the emergency regulations, but
somewhat controversially, Section 5416(d) of the Bureau of Cannabis Control regulations authorizes
deliveries of cannabis products into any city or county in the state, even if a city or county has banned
commercial deliveries.
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b. State Tax Considerations
To determine what local tax rates might be most appropriate, they must be considered in the context of
other taxes imposed by the State. Any local taxes will be in addition to those taxes applied through the
Adult Use of Marijuana Act (AUMA), which imposes both a 15% excise tax on purchases of cannabis or
cannabis products and a separate cultivation tax on harvested cannabis that enters the commercial
market, as well as sales tax. Taxes are most commonly expressed as a percent of price or value, so some
method of conversion is necessary to allow development of an appropriate cultivation tax based on square
footage.
The State tax rate for
cultivation is set at $9.25 per
ounce of dried flower or
$2.75 per ounce of dried leaf.
Because these rates are set
per ounce, rather than as a
percentage of price paid, the
tax is the same whether the
cultivator is producing
commercial -grade cannabis
at $500 per pound or top -
grade cannabis at $2,500 per
pound. The cultivator is
generally responsible for
payment of the tax, though
that responsibility may be
passed along to either a
manufacturer or distributor
via invoice. at the time the
product is first sold or
transferred. The distributor
is responsible for collecting
the tax from the cultivator
upon entry into the
commercial market, and
Cumulative Cannabis Taxes
Category
Amount
Increase
Cumulative Price
Producer Price
$1,000
$1,000
$1,000
State Cultivation Tax
$9.25/oz
$148
$1,148
Local Tax
3.75%
$38
$1,186
Batch Testing
$75/Ib, + 0.75%
$75
$1,261
Wholesale Price w/Taxes
$1,261
Total Tax at Wholesale
$261
Tax as %
26.05%
Distributor Markup
20.00%
$252
$1,513
Local Tax
10.00%
$151
$1,664
Total Distributor Price
$1,664
Total Taxes at Distributor
$412
Total Tax as %
24.75%
Retailer Markup
100.00%
$1,664
$3,328
Local Tax
10.00%
$333
$3,660
State Excise Tax
15.00%
$499
$4,160
Total Retailer Price
$4,160
Total Taxes at Retail
$1,244
Total Tax as %
29.90%
CA Sales Tax (non -medical)
6.25%
$260
$4,420
Local Sales Tax
2.00%
$83
$4,503
Total Taxes at Retail
$1,587
Total Tax as %
35.24%
Total Local Tax
13.43%
$604.73
remitting it to the California Department of Tax and Fee Administration.
The cultivation tax of $9.25 per ounce of dried flower is equivalent to $148 per pound. Just a year ago,
HdL would have assumed an average wholesale market price for dried flower of around $1,480 per pound,
which would make that $148 equal to 10% of value. Since then, however, prices have plummeted.
Competitive market forces enabled by legalization have brought the average price for indoor cannabis
down to around $1,000 per pound, or even less (cannabis prices vary greatly based on quality of the
product).
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Conversations with cannabis industry trade groups suggest that the cumulative tax rate on the end
product should remain at or around 30%. Higher rates create too much price disparity between legal and
illegal cannabis, making it harder for the regulated industry to compete with the illicit market. Higher
local tax rates can also make a county or city less attractive to the industry, especially for manufacturers
and distributors, which have greater flexibility in choosing where to locate. We believe that setting rates
that adhere to this 30% rule will help keep the local cannabis industry competitive with other cultivators
across California, thus encouraging the transition to a legal industry.
The above table shows how the cumulative tax rate on adult -use cannabis builds as the product moves
towards market. The value of the product increases as it moves through the supply chain towards market,
with manufacturers, distributors and retailers each adding their own markup. Testing laboratories do not
add a direct markup to the product, but the cost of testing and the loss of a small test sample can add
around $75 per pound. Any or all of these activities may be taxed.
This model assumes a hypothetical case where cultivation, manufacturing, testing, distribution and retail
sale all happen within the same jurisdiction and are thus all subject to that jurisdiction's tax rates. In
actuality, this is unlikely to be the case. Manufacturers may work with product purchased from anywhere
in California, and may sell their product to retailers elsewhere, as well. The cumulative tax burden for any
product at retail sale will almost always include a variety of tax rates from numerous jurisdictions.
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c. General Economic Impacts
Discussion of regulating and taxing the cannabis industry can too often overshadow the larger jobs and
economic development issues that typically accompany efforts to attract new industry. Word that a new
business or industry is looking to bring hundreds of new jobs to a community is more commonly met with
open arms and offers of tax incentives. The cannabis industry is perhaps completely unique in that the
inherent jobs and economic development benefits are welcomed more grudgingly and met with the
disincentive of special taxes.
As with any other industry, the cannabis industry does not exist in a vacuum. Those businesses that
actually grow, process, manufacture, distribute and sell cannabis products support a wide variety of other
businesses that may never touch the actual product itself. Cultivators support garden supply stores, green
house manufacturers, irrigation suppliers, soil manufacturers, and a wide variety of contractors including
building and construction, lighting and electrical, HVAC, permitting, and engineering. Manufacturers
support many of these same businesses, plus specialized tooling and equipment manufacturers, and
product suppliers for hardware, packaging, and labeling. All of these businesses support, and are
supported by, a host of ancillary businesses such as bookkeepers, accountants, tax preparers, parcel
services, marketing and advertising agencies, personnel services, attorneys, mechanics, facilities
maintenance, security services, and others.
The economic benefits are not limited to those in the cannabis industry, itself. Cultivators bring new
money into the community by selling their products into a statewide market. Their profits and the salaries
they pay move into the general local economy, supporting stores, restaurants, car dealerships,
contractors, home sales and other businesses. In Humboldt County, a study done in 2011 found that at
least $415 million dollars in personal income was entering the local economy annually from the cannabis
industry, roughly equal to one quarter of the county's entire $1.6 billion economy.
While Humboldt is likely an outlier, research done by HdL for other clients suggests that other counties
and cities see similar, if smaller, economic inputs from this industry, with some in the range of $100 million
dollars or more annually. As this industry adapts to a legal paradigm, the challenge for some counties will
be mitigating and minimizing the economic loss as the black market slowly fades away.
Because of the emerging nature of this industry, it is currently populated primarily (but not solely) by
small, independently -owned businesses. Numerous studies have demonstrated that locally -owned,
independent businesses recirculate a far higher percentage of every dollar back into the local community
than large, corporately -owned businesses do. The same economic development arguments that are used
to support other independent, locally -owned businesses apply to this industry, too. Host cities or counties
should expect to see typical economic benefits from these new (or newly daylighted) businesses on par
with other new businesses, separate from any tax revenue that may be generated.
Industry experts believe that California's current statewide production is five to eight times higher than
the State's population consumes, a figure derived from the SRIA done for CDFA's cannabis cultivation
program. That assessment found that California's cannabis industry produces some 13.5 million pounds
of cannabis per year, which would be enough to provide over half a pound of cannabis per year for every
Californian 21 and over. However, the assessment also found that California's 4.5 million cannabis users
only consume about 2.5 million pounds of cannabis per year.
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The Bureau of Cannabis Control projects that more than half of the adult use purchases currently in the
illicit market will transition to the legal market to avoid the inconvenience, stigma and risks of buying
unknown product through an unlicensed seller. Essentially, the easier, cheaper and more reliable it is for
consumers to access quality cannabis legally, the less reason they will have to purchase it through the
illicit market. That same study projects that 60% of those currently in the legal, medical cannabis market
will shift to the adult use market, for the reasons noted above. The availability of legal adult use cannabis
is also anticipated to produce a small 9.4% increase in consumer demand.
Given these figures, cities and counties should expect to see some increase in retail sales as these shifts
occur in the market. More significantly, the existence of legally permitted cannabis retailers will allow a
far greater portion of existing cannabis sales to be captured by legal (and tax -paying) retailers.
The shift from medical to adult use sales is not expected to change the overall volume of sales, only the
category into which they fall. Once the legal, adult use market is properly functioning, it is anticipated to
capture about 61.5% of the overall cannabis market in California. The legal medical cannabis market is
projected to decline to just 9% of the overall market. The other 29.5% is expected to remain in the illicit
market.
These numbers only apply to the 2.5 million pounds of cannabis that is consumed in California,
representing the potential size of the legal cannabis market. If 29.5% of the cannabis consumed in
California continues to come from the illicit market, then the size of the market for legal cannabis must
be adjusted downward accordingly. This would reduce the size of the legal market in California to 1.76
million pounds.
California has been issuing temporary licenses for commercial cannabis businesses since the beginning of
the year. As of July 30th, 2019, CDFA's CalCannabis division shows 2,619 active cultivation licenses, capable
of producing over 5.6 million pounds of cannabis per year. This amounts to over twice as much cannabis
as the State's legal buyers are anticipated to consume. Were the State to issue no more licenses, we
would still expect a failure rate of at least 40% in the next two years.
53 of 54
403 of 426
d. References
California Department of Public Health (2018) "Medical Marijuana Identification Card Program"
https://www.cdph.ca.gov/Programs/CHSI/Pages/Medial-Marijuana-Identification-Card.aspx
" "Economic Costs and Benefits of Proposed Regulations for the Implementation of the Medical Cannabis Regulation
and Safety Act (MCRSA)" (February 23, 2017) University of California Agricultural Issues Center
"' "Economic Costs and Benefits of Proposed Regulations for the Implementation of the Medical Cannabis
Regulation and Safety Act (MCRSA)" (February 23, 2017) University of California Agricultural Issues Center
" "Economic Costs and Benefits of Proposed Regulations for the Implementation of the Medical Cannabis
Regulation and Safety Act (MCRSA)" (February 23, 2017) University of California Agricultural Issues Center
v Ross Marchant (2014) "Consumers will Travel 17 Minutes to Reach a Local Business"
https://www.brightlocal.com/2014/05/01/local-business-travel-times/ Bright Local
V' CBS News (2018) "17 stoner states: Where's marijuana use highest?" https://www.cbsnews.com/pictures/17-
stoner-states-whe res-marijuana-use-highest/9/
"" Christopher Ingraham (April 20, 2017) "How many Americans regularly use pot? The number is, errr, higher than
you think" Sacramento Bee http://www.sacbee.com/news/nation-world/national/article145681414.html
54 of 54
404 of 426
CC/CDC-HA Agenda
2/18/2020 — Page 405
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.
405 of 426
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:
s\o"
DEPARTMENT: Com
APPROVED BY:
Armando Vergar
Director of Commu
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:
INot Applicable
ATTACHMENTS:
1. Background Report
2. Annual Progress Report
406 of 4
6
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 Housinq 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
407 of 426
• 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
408 of 426
Jurisdiction National City
Reporting Year 2019 (Jan. 1 - Dec. 31)
I 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
409 of 426
Jurlidkd0n _' Nsitarist City
ReporMny:Ynr
2019
Glen. 1 - Dac 31)
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Note: "+" indicates an optional field
Cob in grey contain auto-oticulelion formulae
Table A
Housing Development Applications Submitted
Project Identifier
Unit Ty es
Date
Application
Submitted
Proposed Units -Affordability by Household Incomes
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining
Notes
1
1
Unit Caleeory
(SFASFD.ym
45!ADU.MHI
3
.. .. ..
Tenure
..Renter
O"OwRestrictedSubnittedRestrictedp.m..,p.m..,RasRestrictedtrk
4
:. .... ..
Dale
AppYcatbn
Very Low-
become Deed
S
s
r
a
9
1e
Prior APN'
Current APN
Street Address
Project Norm'
LeulJunatlkeon
irectlnp 10'
T
Very Lew-
Inatome Ron
DesE
lowlncome
Deed
Low4ncorne
Non Deed
Reatatl
Moderato-
Income [Mad
RestncW
MotleraM-
'rtcome
NN
ReabkonDeW
Above
Moderate-.
Income
Tout PROPOSED
Total
APPROVED
Total
PISAPPROVEO
Was APPLICATION
'I
Notes'
SUBMITTED
Units by Protect
(Aura C-cakutatean Rtl
e
Overwritten)
Pursuant to GC
ab59Alb)i
I8 J5
Sbeam6nbq(
Units by Protect
Mb
Uby Protect
Summary Row- Start
Data Entry Betow
o
o
e
a
o
of
IN
tail
it
o
o
557-290-27-00
1033 Paradise Dr.
SFD
0
8/192019
0
0
0
0
0
0
1
1
1
0
No
558.082-12-00
942 E. 1st St
ADU
R
8/292019
0
0
0
0
0
0
1!
1
1
0
No
557-060-32-00
505 S. T Ave.
SFD
0
4/24/2019
0
0
0
0
0
) 0
1
1: 1
1
0
No
580-222.42-00
1825'C'Ave.
C' Ave. 10 Plex
SFD
R
12/92019
0
0
0
0
0
0
10
10
10
0
No
557-290-08-00
2127 E.11th St
ADU
R
8/52019
0
0
0
0
0
0
1
1
1
o
No
554-011-17-00
1205 E. 2nd St
ADU
R
1/10/2019
0
0
0
0
0
0
1
:. 1
1
0
No
584-071-19-00
2921 Leonard SL
ADU
R
8/1/2019
0
0
0
0
0
0
1
�:1. 1
1
0
No
560-142-08-00
1726 Hoover Ave.
ADU
R
9252019
0
0
0
0
0
0
1,
1
1
0
No
557-150-13-00
625 S.'V' Ave.
Paradise Senior
Apartment Complex
5+
R
121192019
0
0
0
0
0
0
136
t,,. 138
:x?
136
0
No
558-091-27-00
2530 E. Plaza 8Nd,
5+
R
6/18/2019
0
0
0
0
0
0
13
Z:'k. 13
13
0
No
2
410 of 426
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 APN-
Current APN
Street Address
Project Name
Local Jurisdiction
Tracking IDS
Unit Category
ISFA,SFD,2 to
q SgADU,MH)
Tenure
R=Renter
O=Owner
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed Rest noted
Low- income
Deed Restricted
Luw-Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Entitlement
Date Approved
a of Unns issued
Enhtlmnents
Summary Row. Start
Data Entry Below
0
0
0
0
0
0
166
165
557-290-27-00
1033 Paradise Dr.
SFD
0
0
0
0
0
0
1
8/19/2019
1
556-082-12-00
942 E. 1st St.
ADU
R
0
0
0
0
0
1
8/29/2019
557-060-32-00
505 S.'T'Ave.
SFD
0
0
0
0
0
0
1
4/24/2019
1
560-222-42-00
1825'C'Ave.
C'Ave. 10 Plex
SFD
R
0
0
0
0
0
10
12/9/2019
10
557-290-08-00
2127 E. 11th St.
ADU
R
0
0
0
0
0
1
8/5/2019
1
554-011-17-00
1205 E. 2nd St.
ADU
R
0
0
0
0
0
1
1/10/2019
1
564-071-19-00
2921 Leonard St.
ADU
R
0
0
0
0
0
1
8/1/2019
1
560-142-08-00
1726 Hoover Ave.
ADU
R
0
0
0
0
0
1
9/25/2019
1
557-150-13-00
625 S.'V Ave.
Paradise Senior
Apartment
5+
R
0
0
0
0
0
136
12/19/2019
136
558-091-27-00
2530 E Plaza Blvd,
5+
R
0
0
0
0
0
13
6/1812019':',''1, _ _
-,t(J:� 13
3
411 of 426
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
557-290-27-00
1033 Paradise Dr.
0
0
0
0
0
0
1
8/19/2019
1
556-082-12-00
942 E. 1st St.
0
0
0
0
0
0
1
8/29/2019
1
557-060-32-00
505 S. 'T' Ave.
0
0
0
0
0
0
1
4/24/2019
1
560-222-42-00
1825 'C' Ave.
C' Ave. 10 Plex
0
0
0
0
0
0
10
12/9/2019
10
557-290-08-00
2127 E. 11th St.
0
0
0
0
0
0
1
8/5/2019
1
554-011-17-00
1205 E. 2nd St.
0
0
0
0
0
0
1
1/10/2019
1
564-071-19-00
2921 Leonard St.
0
0
0
0
0
0
1
8/1/2019
1
560-142-08-00
1726 Hoover Ave.
0
0
0
0
0
0
1
9/25/2019
1
557-150-13-00
625 S. 'V' Ave.
Paradise Senior
Apartment
0
0
0
0
0
0
136
12/19/2019
r 136
558-091-27-00
2530 E. Plaza Blvd,
0
0
0
0
0
0
13
6/18/2019:•
13
4
412 of 426
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
01
0
01
0
0
0
1
1
557-290-27-00
1033 Paradise Dr.
0
556-082-12-00
942 E. lst St.
0
557-060-32-00
505 S. 'T' Ave.
0
560-222-42-00
1825 'C' Ave.
C' Ave. 10 Plex
0
557-290-08-00
2127 E. 11 th St.
0
554-011-17-00
1205 E. 2nd St.
0
0
0
0
0
0
1
7/29/2019
N, 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
0
558-091-27-00
2530 E. Plaza Blvd,
0
5
413 of 426
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
Tenn 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
Ear¢meI low
y
Income''
Was Project
APPROVED using
Win Units?
YfN'
Assistance Programs
for Each Development
(see instructions)
Deed Restriction
Type
(see instructions,
For units affordable without
financial assistance or deed
rcsinctions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)Demolished
(ifaffordable in perpetuity
enter 1000)
Number of
DemolishedlDest
Toyed Units
or
Destroyed Units
Demolished/De
stroyed Units
Owner or
Renter.
Notes'
GC 65913.4(b)7
(SS 35 Streamlining'
YfN
0
0
0
0
D
557-290-27-00
1033 Paradise Dr.
0
N
Y
0
0
0
556-082-12-00
942 E. 1st St.
0
N
Y
0
0
0
557-060-32-00
505 S. 'T Ave.
0
N
Y
0
0
0
560-222-42-00
1825'C' Ave.
C' Ave. 10 Plex
0
N
Y
0
0
0
557-290-08-00
2127 E. 11th St.
0
N
Y
0
0
0
554-011-17-00
1205 E. 2nd St.
0
N
Y
0
0
0
564-071-19-00
2921 Leonard St.
0
N
Y
0
0
0
560-142-08-00
1726 Hoover Ave.
0
N
Y
0
0
❑
557-150-13-00
625 5.'V Ave.
Paradise Senior
Apartment
0
N
y
0
0
0
558-091-27-00
2530 E. Plaza Blvd,
0
N
Y
0
0
0
6
414 of 426
Jurisdiction National City
Reporting Year
2019
(Jan. 1 - Dec. S .
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
This fable is auto-popul8140 once you enter your jurisdiction name and currant year data. Past year
information comes from previous APRs.
Please contact HCD if your data is different than the malenal supplied here
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
1
1
2
3
4
Income Level
RHNA Allocation
by Income Leval
2013
2014
2015
2016
2017
2018
2019
2020
2021
Total Units 10
Date (all years)
Total Remaining
RHNA by Income
Level
Very Low
Deed Restricted
485
45
45
420
Non -Deed Restricted
Low
Deed Restricted
353
8
108
116
217
Non -Deed Restricted
Moderate
Deed Restricted
327
153
tea
Non -Deed Restricted
1
46
116
Above Moderate
719
67
16
143
12
7
60
166
471
242
Total RHNA
1863
Total Units
75 125 143 103 123 60 166 755 1068
Note: units serving extremely low-income households are included in the very low-income permitted units totals
Cells in grey contain auto -calculation formulas
7
415 of 426
Jud
akdon;
National C39
RepOOBng N9ar 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-cdcNalion formulas
Table C
Project Identifier
Date of Rezone
Sites Identified or Rezoned to Accommodate Shortfall Housing Need
RHNA Shortfall by Household Income Category
Type of Shortfall
Sites Description
APR
Street Address
PfapetNalee
Local JurlMklbn ale of Rezone Very Lom Income Lowbrcome
Tracking ID'
Moderate -income
Above Moderate- Type of Sbortfaa
Income
Parcel She
lAcres)
Ganaral Plan
Deefprrallon
sllnlmum Maannum
Density Upend Density Mowed
Summary Row: Stan Da to Enty
Below
Realistic
Capacity
VscanbNenwcanl Oeacnpuon of Falstnq
US.
8
416 of 426
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.
No units rehabilitated with Housing Authority funding.
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.
27 housing -related code violations were abated during the calendar year and over 1,362
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.
82 housing units were inspected during the calendar year and over 1,728 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. 268 units preserved
at Fairfield Park Villas.
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 149 project -based and 974 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.
4 tenants relocated during the calendar year and 16 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.
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417 of 426
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.
Three clean-up event during the calendar year and 16 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.
Six units underconstruction 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 166 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.
Following an RFP, the City transferred property to Protea National City, LLC for the
development of 127 housing units in a mixed -use project.
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 was prepared for the previous 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.
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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 Analysis to
Impediments to Fair Housing 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.
No 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 Ran
Annual Progress Report
during the eight -year
planning cycle.
The annual progress report was prepared for the previous calendar year and submitted
to HCD, OPR, and SANDAG.
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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 Commercial Development Bonus
Development Bonus Date Approved
Summary Row: Start Data Entry Below
Annual Progress Report
12
January 2020
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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 65583.1(c)(2).
ivlty 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
268
268
Acquisition of Units
Total Units by Income
268
2i;6
Annual Progress Report 1 3
January 2020
421 of 426
Jurisdiction National City
Reporting Period
2019 (Jan. 1 - Dec. 31)
NC) Tt: 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
8th and B
32
Protea National City. LLC
127-unit residential mixed -use
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CC/CDC-HA Agenda
2/18/2020 — Page 423
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Map. (Housing Authority)
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Item #
02/18/20
2020 Housing Road Map
(Housing Authority)
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CC/CDC-HA Agenda
2/18/2020 — Page 425
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Outreach Efforts. (City Manager)
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Item #
02/18/20
March Forward Outreach Efforts
(City Manager)
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